229.13 EVALUATION ORDER -- TREATMENT -- UNAUTHORIZED
DEPARTURE OR FAILURE TO APPEAR.
1. If upon completion of the hospitalization hearing the court
finds by clear and convincing evidence that the respondent has a
serious mental impairment, the court shall order the respondent
committed as expeditiously as possible for a complete psychiatric
evaluation and appropriate treatment as follows:
a. The court shall order a respondent whose expenses are
payable in whole or in part by a county placed under the care of an
appropriate hospital or facility designated through the central point
of coordination process on an inpatient or outpatient basis.
b. The court shall order any other respondent placed under
the care of an appropriate hospital or facility licensed to care for
persons with mental illness or substance abuse on an inpatient or
outpatient basis.
2. The court shall provide notice to the respondent and the
respondent's attorney of the placement order under subsection 1. The
court shall advise the respondent and the respondent's attorney that
the respondent has a right to request a placement hearing held in
accordance with the requirements of section 229.14A.
3. If the respondent is ordered at a hearing to undergo
outpatient treatment, the outpatient treatment provider must be
notified and agree to provide the treatment prior to placement of the
respondent under the treatment provider's care.
4. The court shall furnish to the chief medical officer of the
hospital or facility at the time the respondent arrives at the
hospital or facility for inpatient or outpatient treatment a written
finding of fact setting forth the evidence on which the finding is
based. If the respondent is ordered to undergo outpatient treatment,
the order shall also require the respondent to cooperate with the
treatment provider and comply with the course of treatment.
5. The chief medical officer of the hospital or facility at which
the respondent is placed shall report to the court no more than
fifteen days after the respondent is placed, making a recommendation
for disposition of the matter. An extension of time may be granted,
not to exceed seven days upon a showing of cause. A copy of the
report shall be sent to the respondent's attorney, who may contest
the need for an extension of time if one is requested. An extension
of time shall be granted upon request unless the request is
contested, in which case the court shall make such inquiry as it
deems appropriate and may either order the respondent's release from
the hospital or facility or grant an extension of time for
psychiatric evaluation. If the chief medical officer fails to report
to the court within fifteen days after the individual is placed under
the care of the hospital or facility, and an extension of time has
not been requested, the chief medical officer is guilty of contempt
and shall be punished under chapter 665. The court shall order a
rehearing on the application to determine whether the respondent
should continue to be detained at or placed under the care of the
facility.
6. If, after placement of a respondent in or under the care of a
hospital or other suitable facility for inpatient treatment, the
respondent departs from the hospital or facility or fails to appear
for treatment as ordered without prior proper authorization from the
chief medical officer, upon receipt of notification of the
respondent's departure or failure to appear by the chief medical
officer, a peace officer of the state shall without further order of
the court exercise all due diligence to take the respondent into
protective custody and return the respondent to the hospital or
facility.
229.13 EVALUATION ORDER -- TREATMENT -- UNAUTHORIZED
DEPARTURE OR FAILURE TO APPEAR.
1. If upon completion of the hospitalization hearing the court
finds by clear and convincing evidence that the respondent has a
serious mental impairment, the court shall order the respondent
committed as expeditiously as possible for a complete psychiatric
evaluation and appropriate treatment as follows:
a. The court shall order a respondent whose expenses are
payable in whole or in part by a county placed under the care of an
appropriate hospital or facility designated through the central point
of coordination process on an inpatient or outpatient basis.
b. The court shall order any other respondent placed under
the care of an appropriate hospital or facility licensed to care for
persons with mental illness or substance abuse on an inpatient or
outpatient basis.
2. The court shall provide notice to the respondent and the
respondent's attorney of the placement order under subsection 1. The
court shall advise the respondent and the respondent's attorney that
the respondent has a right to request a placement hearing held in
accordance with the requirements of section 229.14A.
3. If the respondent is ordered at a hearing to undergo
outpatient treatment, the outpatient treatment provider must be
notified and agree to provide the treatment prior to placement of the
respondent under the treatment provider's care.
4. The court shall furnish to the chief medical officer of the
hospital or facility at the time the respondent arrives at the
hospital or facility for inpatient or outpatient treatment a written
finding of fact setting forth the evidence on which the finding is
based. If the respondent is ordered to undergo outpatient treatment,
the order shall also require the respondent to cooperate with the
treatment provider and comply with the course of treatment.
5. The chief medical officer of the hospital or facility at which
the respondent is placed shall report to the court no more than
fifteen days after the respondent is placed, making a recommendation
for disposition of the matter. An extension of time may be granted,
not to exceed seven days upon a showing of cause. A copy of the
report shall be sent to the respondent's attorney, who may contest
the need for an extension of time if one is requested. An extension
of time shall be granted upon request unless the request is
contested, in which case the court shall make such inquiry as it
deems appropriate and may either order the respondent's release from
the hospital or facility or grant an extension of time for
psychiatric evaluation. If the chief medical officer fails to report
to the court within fifteen days after the individual is placed under
the care of the hospital or facility, and an extension of time has
not been requested, the chief medical officer is guilty of contempt
and shall be punished under chapter 665. The court shall order a
rehearing on the application to determine whether the respondent
should continue to be detained at or placed under the care of the
facility.
6. If, after placement of a respondent in or under the care of a
hospital or other suitable facility for inpatient treatment, the
respondent departs from the hospital or facility or fails to appear
for treatment as ordered without prior proper authorization from the
chief medical officer, upon receipt of notification of the
respondent's departure or failure to appear by the chief medical
officer, a peace officer of the state shall without further order of
the court exercise all due diligence to take the respondent into
protective custody and return the respondent to the hospital or
facility.
229.13 EVALUATION ORDER -- TREATMENT -- UNAUTHORIZED
DEPARTURE OR FAILURE TO APPEAR.
1. If upon completion of the hospitalization hearing the court
finds by clear and convincing evidence that the respondent has a
serious mental impairment, the court shall order the respondent
committed as expeditiously as possible for a complete psychiatric
evaluation and appropriate treatment as follows:
a. The court shall order a respondent whose expenses are
payable in whole or in part by a county placed under the care of an
appropriate hospital or facility designated through the central point
of coordination process on an inpatient or outpatient basis.
b. The court shall order any other respondent placed under
the care of an appropriate hospital or facility licensed to care for
persons with mental illness or substance abuse on an inpatient or
outpatient basis.
2. The court shall provide notice to the respondent and the
respondent's attorney of the placement order under subsection 1. The
court shall advise the respondent and the respondent's attorney that
the respondent has a right to request a placement hearing held in
accordance with the requirements of section 229.14A.
3. If the respondent is ordered at a hearing to undergo
outpatient treatment, the outpatient treatment provider must be
notified and agree to provide the treatment prior to placement of the
respondent under the treatment provider's care.
4. The court shall furnish to the chief medical officer of the
hospital or facility at the time the respondent arrives at the
hospital or facility for inpatient or outpatient treatment a written
finding of fact setting forth the evidence on which the finding is
based. If the respondent is ordered to undergo outpatient treatment,
the order shall also require the respondent to cooperate with the
treatment provider and comply with the course of treatment.
5. The chief medical officer of the hospital or facility at which
the respondent is placed shall report to the court no more than
fifteen days after the respondent is placed, making a recommendation
for disposition of the matter. An extension of time may be granted,
not to exceed seven days upon a showing of cause. A copy of the
report shall be sent to the respondent's attorney, who may contest
the need for an extension of time if one is requested. An extension
of time shall be granted upon request unless the request is
contested, in which case the court shall make such inquiry as it
deems appropriate and may either order the respondent's release from
the hospital or facility or grant an extension of time for
psychiatric evaluation. If the chief medical officer fails to report
to the court within fifteen days after the individual is placed under
the care of the hospital or facility, and an extension of time has
not been requested, the chief medical officer is guilty of contempt
and shall be punished under chapter 665. The court shall order a
rehearing on the application to determine whether the respondent
should continue to be detained at or placed under the care of the
facility.
6. If, after placement of a respondent in or under the care of a
hospital or other suitable facility for inpatient treatment, the
respondent departs from the hospital or facility or fails to appear
for treatment as ordered without prior proper authorization from the
chief medical officer, upon receipt of notification of the
respondent's departure or failure to appear by the chief medical
officer, a peace officer of the state shall without further order of
the court exercise all due diligence to take the respondent into
protective custody and return the respondent to the hospital or
facility.
