229.19 ADVOCATES -- DUTIES -- COMPENSATION -- STATE
AND COUNTY LIABILITY.
1. a. In each county with a population of three hundred
thousand or more inhabitants the board of supervisors shall appoint
an individual who has demonstrated by prior activities an informed
concern for the welfare and rehabilitation of persons with mental
illness, and who is not an officer or employee of the department of
human services nor of any agency or facility providing care or
treatment to persons with mental illness, to act as an advocate
representing the interests of patients involuntarily hospitalized by
the court, in any matter relating to the patients' hospitalization or
treatment under section 229.14 or 229.15. In each county with a
population of under three hundred thousand inhabitants, the chief
judge of the judicial district encompassing the county shall appoint
the advocate.
b. The court or, if the advocate is appointed by the county
board of supervisors, the board shall assign the advocate appointed
from a patient's county of legal settlement to represent the
interests of the patient. If a patient has no county of legal
settlement, the court or, if the advocate is appointed by the county
board of supervisors, the board shall assign the advocate appointed
from the county where the hospital or facility is located to
represent the interests of the patient.
c. The advocate's responsibility with respect to any patient
shall begin at whatever time the attorney employed or appointed to
represent that patient as respondent in hospitalization proceedings,
conducted under sections 229.6 to 229.13, reports to the court that
the attorney's services are no longer required and requests the
court's approval to withdraw as counsel for that patient. However,
if the patient is found to be seriously mentally impaired at the
hospitalization hearing, the attorney representing the patient shall
automatically be relieved of responsibility in the case and an
advocate shall be assigned to the patient at the conclusion of the
hearing unless the attorney indicates an intent to continue the
attorney's services and the court so directs. If the court directs
the attorney to remain on the case, the attorney shall assume all the
duties of an advocate. The clerk shall furnish the advocate with a
copy of the court's order approving the withdrawal and shall inform
the patient of the name of the patient's advocate.
d. With regard to each patient whose interests the advocate
is required to represent pursuant to this section, the advocate's
duties shall include all of the following:
(1) To review each report submitted pursuant to sections 229.14
and 229.15.
(2) If the advocate is not an attorney, to advise the court at
any time it appears that the services of an attorney are required to
properly safeguard the patient's interests.
(3) To be readily accessible to communications from the patient
and to originate communications with the patient within five days of
the patient's commitment.
(4) To visit the patient within fifteen days of the patient's
commitment and periodically thereafter.
(5) To communicate with medical personnel treating the patient
and to review the patient's medical records pursuant to section
229.25.
(6) To file with the court quarterly reports, and additional
reports as the advocate feels necessary or as required by the court,
in a form prescribed by the court. The reports shall state what
actions the advocate has taken with respect to each patient and the
amount of time spent.
2. The hospital or facility to which a patient is committed shall
grant all reasonable requests of the advocate to visit the patient,
to communicate with medical personnel treating the patient, and to
review the patient's medical records pursuant to section 229.25. An
advocate shall not disseminate information from a patient's medical
records to any other person unless done for official purposes in
connection with the advocate's duties pursuant to this chapter or
when required by law.
3. The court or, if the advocate is appointed by the county board
of supervisors, the board shall prescribe reasonable compensation for
the services of the advocate. The compensation shall be based upon
the reports filed by the advocate with the court. The advocate's
compensation shall be paid by the county in which the court is
located, either on order of the court or, if the advocate is
appointed by the county board of supervisors, on the direction of the
board. If the advocate is appointed by the court, the advocate is an
employee of the state for purposes of chapter 669. If the advocate
is appointed by the county board of supervisors, the advocate is an
employee of the county for purposes of chapter 670. If the patient
or the person who is legally liable for the patient's support is not
indigent, the board shall recover the costs of compensating the
advocate from that person. If that person has an income level as
determined pursuant to section 815.9 greater than one hundred percent
but not more than one hundred fifty percent of the poverty
guidelines, at least one hundred dollars of the advocate's
compensation shall be recovered in the manner prescribed by the
county board of supervisors. If that person has an income level as
determined pursuant to section 815.9 greater than one hundred fifty
percent of the poverty guidelines, at least two hundred dollars of
the advocate's compensation shall be recovered in substantially the
same manner prescribed by the county board of supervisors as provided
in section 815.9.
229.19 ADVOCATES -- DUTIES -- COMPENSATION -- STATE
AND COUNTY LIABILITY.
1. a. In each county with a population of three hundred
thousand or more inhabitants the board of supervisors shall appoint
an individual who has demonstrated by prior activities an informed
concern for the welfare and rehabilitation of persons with mental
illness, and who is not an officer or employee of the department of
human services nor of any agency or facility providing care or
treatment to persons with mental illness, to act as an advocate
representing the interests of patients involuntarily hospitalized by
the court, in any matter relating to the patients' hospitalization or
treatment under section 229.14 or 229.15. In each county with a
population of under three hundred thousand inhabitants, the chief
judge of the judicial district encompassing the county shall appoint
the advocate.
b. The court or, if the advocate is appointed by the county
board of supervisors, the board shall assign the advocate appointed
from a patient's county of legal settlement to represent the
interests of the patient. If a patient has no county of legal
settlement, the court or, if the advocate is appointed by the county
board of supervisors, the board shall assign the advocate appointed
from the county where the hospital or facility is located to
represent the interests of the patient.
c. The advocate's responsibility with respect to any patient
shall begin at whatever time the attorney employed or appointed to
represent that patient as respondent in hospitalization proceedings,
conducted under sections 229.6 to 229.13, reports to the court that
the attorney's services are no longer required and requests the
court's approval to withdraw as counsel for that patient. However,
if the patient is found to be seriously mentally impaired at the
hospitalization hearing, the attorney representing the patient shall
automatically be relieved of responsibility in the case and an
advocate shall be assigned to the patient at the conclusion of the
hearing unless the attorney indicates an intent to continue the
attorney's services and the court so directs. If the court directs
the attorney to remain on the case, the attorney shall assume all the
duties of an advocate. The clerk shall furnish the advocate with a
copy of the court's order approving the withdrawal and shall inform
the patient of the name of the patient's advocate.
d. With regard to each patient whose interests the advocate
is required to represent pursuant to this section, the advocate's
duties shall include all of the following:
(1) To review each report submitted pursuant to sections 229.14
and 229.15.
(2) If the advocate is not an attorney, to advise the court at
any time it appears that the services of an attorney are required to
properly safeguard the patient's interests.
(3) To be readily accessible to communications from the patient
and to originate communications with the patient within five days of
the patient's commitment.
(4) To visit the patient within fifteen days of the patient's
commitment and periodically thereafter.
(5) To communicate with medical personnel treating the patient
and to review the patient's medical records pursuant to section
229.25.
(6) To file with the court quarterly reports, and additional
reports as the advocate feels necessary or as required by the court,
in a form prescribed by the court. The reports shall state what
actions the advocate has taken with respect to each patient and the
amount of time spent.
2. The hospital or facility to which a patient is committed shall
grant all reasonable requests of the advocate to visit the patient,
to communicate with medical personnel treating the patient, and to
review the patient's medical records pursuant to section 229.25. An
advocate shall not disseminate information from a patient's medical
records to any other person unless done for official purposes in
connection with the advocate's duties pursuant to this chapter or
when required by law.
3. The court or, if the advocate is appointed by the county board
of supervisors, the board shall prescribe reasonable compensation for
the services of the advocate. The compensation shall be based upon
the reports filed by the advocate with the court. The advocate's
compensation shall be paid by the county in which the court is
located, either on order of the court or, if the advocate is
appointed by the county board of supervisors, on the direction of the
board. If the advocate is appointed by the court, the advocate is an
employee of the state for purposes of chapter 669. If the advocate
is appointed by the county board of supervisors, the advocate is an
employee of the county for purposes of chapter 670. If the patient
or the person who is legally liable for the patient's support is not
indigent, the board shall recover the costs of compensating the
advocate from that person. If that person has an income level as
determined pursuant to section 815.9 greater than one hundred percent
but not more than one hundred fifty percent of the poverty
guidelines, at least one hundred dollars of the advocate's
compensation shall be recovered in the manner prescribed by the
county board of supervisors. If that person has an income level as
determined pursuant to section 815.9 greater than one hundred fifty
percent of the poverty guidelines, at least two hundred dollars of
the advocate's compensation shall be recovered in substantially the
same manner prescribed by the county board of supervisors as provided
in section 815.9.
229.19 ADVOCATES -- DUTIES -- COMPENSATION -- STATE
AND COUNTY LIABILITY.
1. a. In each county with a population of three hundred
thousand or more inhabitants the board of supervisors shall appoint
an individual who has demonstrated by prior activities an informed
concern for the welfare and rehabilitation of persons with mental
illness, and who is not an officer or employee of the department of
human services nor of any agency or facility providing care or
treatment to persons with mental illness, to act as an advocate
representing the interests of patients involuntarily hospitalized by
the court, in any matter relating to the patients' hospitalization or
treatment under section 229.14 or 229.15. In each county with a
population of under three hundred thousand inhabitants, the chief
judge of the judicial district encompassing the county shall appoint
the advocate.
b. The court or, if the advocate is appointed by the county
board of supervisors, the board shall assign the advocate appointed
from a patient's county of legal settlement to represent the
interests of the patient. If a patient has no county of legal
settlement, the court or, if the advocate is appointed by the county
board of supervisors, the board shall assign the advocate appointed
from the county where the hospital or facility is located to
represent the interests of the patient.
c. The advocate's responsibility with respect to any patient
shall begin at whatever time the attorney employed or appointed to
represent that patient as respondent in hospitalization proceedings,
conducted under sections 229.6 to 229.13, reports to the court that
the attorney's services are no longer required and requests the
court's approval to withdraw as counsel for that patient. However,
if the patient is found to be seriously mentally impaired at the
hospitalization hearing, the attorney representing the patient shall
automatically be relieved of responsibility in the case and an
advocate shall be assigned to the patient at the conclusion of the
hearing unless the attorney indicates an intent to continue the
attorney's services and the court so directs. If the court directs
the attorney to remain on the case, the attorney shall assume all the
duties of an advocate. The clerk shall furnish the advocate with a
copy of the court's order approving the withdrawal and shall inform
the patient of the name of the patient's advocate.
d. With regard to each patient whose interests the advocate
is required to represent pursuant to this section, the advocate's
duties shall include all of the following:
(1) To review each report submitted pursuant to sections 229.14
and 229.15.
(2) If the advocate is not an attorney, to advise the court at
any time it appears that the services of an attorney are required to
properly safeguard the patient's interests.
(3) To be readily accessible to communications from the patient
and to originate communications with the patient within five days of
the patient's commitment.
(4) To visit the patient within fifteen days of the patient's
commitment and periodically thereafter.
(5) To communicate with medical personnel treating the patient
and to review the patient's medical records pursuant to section
229.25.
(6) To file with the court quarterly reports, and additional
reports as the advocate feels necessary or as required by the court,
in a form prescribed by the court. The reports shall state what
actions the advocate has taken with respect to each patient and the
amount of time spent.
2. The hospital or facility to which a patient is committed shall
grant all reasonable requests of the advocate to visit the patient,
to communicate with medical personnel treating the patient, and to
review the patient's medical records pursuant to section 229.25. An
advocate shall not disseminate information from a patient's medical
records to any other person unless done for official purposes in
connection with the advocate's duties pursuant to this chapter or
when required by law.
3. The court or, if the advocate is appointed by the county board
of supervisors, the board shall prescribe reasonable compensation for
the services of the advocate. The compensation shall be based upon
the reports filed by the advocate with the court. The advocate's
compensation shall be paid by the county in which the court is
located, either on order of the court or, if the advocate is
appointed by the county board of supervisors, on the direction of the
board. If the advocate is appointed by the court, the advocate is an
employee of the state for purposes of chapter 669. If the advocate
is appointed by the county board of supervisors, the advocate is an
employee of the county for purposes of chapter 670. If the patient
or the person who is legally liable for the patient's support is not
indigent, the board shall recover the costs of compensating the
advocate from that person. If that person has an income level as
determined pursuant to section 815.9 greater than one hundred percent
but not more than one hundred fifty percent of the poverty
guidelines, at least one hundred dollars of the advocate's
compensation shall be recovered in the manner prescribed by the
county board of supervisors. If that person has an income level as
determined pursuant to section 815.9 greater than one hundred fifty
percent of the poverty guidelines, at least two hundred dollars of
the advocate's compensation shall be recovered in substantially the
same manner prescribed by the county board of supervisors as provided
in section 815.9.
