State Codes and Statutes

Statutes > Iowa > Title-6 > Subtitle-3 > Chapter-229 > 229-14a

        229.14A  PLACEMENT ORDER -- NOTICE AND HEARING.
         1.  With respect to a chief medical officer's report made pursuant
      to section 229.14, subsection 1, paragraph "b", "c", or
      "d", or any other provision of this chapter related to
      involuntary commitment for which the court issues a placement order
      or a transfer of placement is authorized, the court shall provide
      notice to the respondent and the respondent's attorney or mental
      health advocate pursuant to section 229.19 concerning the placement
      order and the respondent's right to request a placement hearing to
      determine if the order for placement or transfer of placement is
      appropriate.
         2.  The notice shall provide that a request for a placement
      hearing must be in writing and filed with the clerk within seven days
      of issuance of the placement order.
         3.  A request for a placement hearing may be signed by the
      respondent, the respondent's next friend, guardian, or attorney.
         4.  The court, on its own motion, may order a placement hearing to
      be held.
         5. a.  A placement hearing shall be held no sooner than four
      days and no later than seven days after the request for the placement
      hearing is filed unless otherwise agreed to by the parties.
         b.  The respondent may be transferred to the placement
      designated by the court's placement order and receive treatment
      unless a request for hearing is filed prior to the transfer.  If the
      request for a placement hearing is filed prior to the transfer, the
      court shall determine where the respondent shall be detained and
      treated until the date of the hearing.
         c.  If the respondent's attorney has withdrawn pursuant to
      section 229.19, the court shall appoint an attorney for the
      respondent in the manner described in section 229.8, subsection 1.
         6.  Time periods shall be calculated for the purposes of this
      section excluding weekends and official holidays.
         7.  If a respondent's expenses are payable in whole or in part by
      a county through the central point of coordination process, notice of
      a placement hearing shall be provided to the county attorney and the
      county's central point of coordination process administrator.  At the
      hearing, the county may present evidence regarding appropriate
      placement.
         8.  In a placement hearing, the court shall determine a placement
      for the respondent in accordance with the requirements of section
      229.23, taking into consideration the evidence presented by all the
      parties.
         9.  A placement made pursuant to an order entered under section
      229.13 or 229.14 or this section shall be considered to be authorized
      through the central point of coordination process.  
         Section History: Recent Form
         2001 Acts, ch 155, §33, 40; 2004 Acts, ch 1090, §33
         Referred to in § 218.92, 222.7, 222.55, 225.15, 225.17, 226.31,
      227.11, 227.15, 229.6A, 229.13, 229.15, 229.17, 229.21, 229.26,
      229.38 
         Footnotes
         Former §229.14A transferred to §229.14B pursuant to directive in
      2001 Acts, ch 155, §40

State Codes and Statutes

Statutes > Iowa > Title-6 > Subtitle-3 > Chapter-229 > 229-14a

        229.14A  PLACEMENT ORDER -- NOTICE AND HEARING.
         1.  With respect to a chief medical officer's report made pursuant
      to section 229.14, subsection 1, paragraph "b", "c", or
      "d", or any other provision of this chapter related to
      involuntary commitment for which the court issues a placement order
      or a transfer of placement is authorized, the court shall provide
      notice to the respondent and the respondent's attorney or mental
      health advocate pursuant to section 229.19 concerning the placement
      order and the respondent's right to request a placement hearing to
      determine if the order for placement or transfer of placement is
      appropriate.
         2.  The notice shall provide that a request for a placement
      hearing must be in writing and filed with the clerk within seven days
      of issuance of the placement order.
         3.  A request for a placement hearing may be signed by the
      respondent, the respondent's next friend, guardian, or attorney.
         4.  The court, on its own motion, may order a placement hearing to
      be held.
         5. a.  A placement hearing shall be held no sooner than four
      days and no later than seven days after the request for the placement
      hearing is filed unless otherwise agreed to by the parties.
         b.  The respondent may be transferred to the placement
      designated by the court's placement order and receive treatment
      unless a request for hearing is filed prior to the transfer.  If the
      request for a placement hearing is filed prior to the transfer, the
      court shall determine where the respondent shall be detained and
      treated until the date of the hearing.
         c.  If the respondent's attorney has withdrawn pursuant to
      section 229.19, the court shall appoint an attorney for the
      respondent in the manner described in section 229.8, subsection 1.
         6.  Time periods shall be calculated for the purposes of this
      section excluding weekends and official holidays.
         7.  If a respondent's expenses are payable in whole or in part by
      a county through the central point of coordination process, notice of
      a placement hearing shall be provided to the county attorney and the
      county's central point of coordination process administrator.  At the
      hearing, the county may present evidence regarding appropriate
      placement.
         8.  In a placement hearing, the court shall determine a placement
      for the respondent in accordance with the requirements of section
      229.23, taking into consideration the evidence presented by all the
      parties.
         9.  A placement made pursuant to an order entered under section
      229.13 or 229.14 or this section shall be considered to be authorized
      through the central point of coordination process.  
         Section History: Recent Form
         2001 Acts, ch 155, §33, 40; 2004 Acts, ch 1090, §33
         Referred to in § 218.92, 222.7, 222.55, 225.15, 225.17, 226.31,
      227.11, 227.15, 229.6A, 229.13, 229.15, 229.17, 229.21, 229.26,
      229.38 
         Footnotes
         Former §229.14A transferred to §229.14B pursuant to directive in
      2001 Acts, ch 155, §40

State Codes and Statutes

State Codes and Statutes

Statutes > Iowa > Title-6 > Subtitle-3 > Chapter-229 > 229-14a

        229.14A  PLACEMENT ORDER -- NOTICE AND HEARING.
         1.  With respect to a chief medical officer's report made pursuant
      to section 229.14, subsection 1, paragraph "b", "c", or
      "d", or any other provision of this chapter related to
      involuntary commitment for which the court issues a placement order
      or a transfer of placement is authorized, the court shall provide
      notice to the respondent and the respondent's attorney or mental
      health advocate pursuant to section 229.19 concerning the placement
      order and the respondent's right to request a placement hearing to
      determine if the order for placement or transfer of placement is
      appropriate.
         2.  The notice shall provide that a request for a placement
      hearing must be in writing and filed with the clerk within seven days
      of issuance of the placement order.
         3.  A request for a placement hearing may be signed by the
      respondent, the respondent's next friend, guardian, or attorney.
         4.  The court, on its own motion, may order a placement hearing to
      be held.
         5. a.  A placement hearing shall be held no sooner than four
      days and no later than seven days after the request for the placement
      hearing is filed unless otherwise agreed to by the parties.
         b.  The respondent may be transferred to the placement
      designated by the court's placement order and receive treatment
      unless a request for hearing is filed prior to the transfer.  If the
      request for a placement hearing is filed prior to the transfer, the
      court shall determine where the respondent shall be detained and
      treated until the date of the hearing.
         c.  If the respondent's attorney has withdrawn pursuant to
      section 229.19, the court shall appoint an attorney for the
      respondent in the manner described in section 229.8, subsection 1.
         6.  Time periods shall be calculated for the purposes of this
      section excluding weekends and official holidays.
         7.  If a respondent's expenses are payable in whole or in part by
      a county through the central point of coordination process, notice of
      a placement hearing shall be provided to the county attorney and the
      county's central point of coordination process administrator.  At the
      hearing, the county may present evidence regarding appropriate
      placement.
         8.  In a placement hearing, the court shall determine a placement
      for the respondent in accordance with the requirements of section
      229.23, taking into consideration the evidence presented by all the
      parties.
         9.  A placement made pursuant to an order entered under section
      229.13 or 229.14 or this section shall be considered to be authorized
      through the central point of coordination process.  
         Section History: Recent Form
         2001 Acts, ch 155, §33, 40; 2004 Acts, ch 1090, §33
         Referred to in § 218.92, 222.7, 222.55, 225.15, 225.17, 226.31,
      227.11, 227.15, 229.6A, 229.13, 229.15, 229.17, 229.21, 229.26,
      229.38 
         Footnotes
         Former §229.14A transferred to §229.14B pursuant to directive in
      2001 Acts, ch 155, §40