State Codes and Statutes

Statutes > Iowa > Title-6 > Subtitle-3 > Chapter-229 > 229-2

        229.2  APPLICATION FOR VOLUNTARY ADMISSION --
      AUTHORITY TO RECEIVE VOLUNTARY PATIENTS.
         1. a.  An application for admission to a public or private
      hospital for observation, diagnosis, care, and treatment as a
      voluntary patient may be made by any person who is mentally ill or
      has symptoms of mental illness.
         b.  In the case of a minor, the parent, guardian, or custodian
      may make application for admission of the minor as a voluntary
      patient.
         (1)  Upon receipt of an application for voluntary admission of a
      minor, the chief medical officer shall provide separate prescreening
      interviews and consultations with the parent, guardian or custodian
      and the minor to assess the family environment and the
      appropriateness of the application for admission.
         (2)  During the interview and consultation the chief medical
      officer shall inform the minor orally and in writing that the minor
      has a right to object to the admission.  If the chief medical officer
      of the hospital to which application is made determines that the
      admission is appropriate but the minor objects to the admission, the
      parent, guardian or custodian must petition the juvenile court for
      approval of the admission before the minor is actually admitted.
         (3)  As soon as is practicable after the filing of a petition for
      juvenile court approval of the admission of the minor, the juvenile
      court shall determine whether the minor has an attorney to represent
      the minor in the hospitalization proceeding, and if not, the court
      shall assign to the minor an attorney.  If the minor is financially
      unable to pay for an attorney, the attorney shall be compensated by
      the county at an hourly rate to be established by the county board of
      supervisors in substantially the same manner as provided in section
      815.7.
         (4)  The juvenile court shall determine whether the admission is
      in the best interest of the minor and is consistent with the minor's
      rights.
         (5)  The juvenile court shall order hospitalization of a minor,
      over the minor's objections, only after a hearing in which it is
      shown by clear and convincing evidence that:
         (a)  The minor needs and will substantially benefit from
      treatment.
         (b)  No other setting which involves less restriction of the
      minor's liberties is feasible for the purposes of treatment.
         (6)  Upon approval of the admission of a minor over the minor's
      objections, the juvenile court shall appoint an individual to act as
      an advocate representing the interests of the minor in the same
      manner as an advocate representing the interests of patients
      involuntarily hospitalized pursuant to section 229.19.
         2.  Upon receiving an application for admission as a voluntary
      patient, made pursuant to subsection 1:
         a.  The chief medical officer of a public hospital shall
      receive and may admit the person whose admission is sought, subject
      in cases other than medical emergencies to availability of suitable
      accommodations and to the provisions of sections 229.41 and 229.42.
         b.  The chief medical officer of a private hospital may
      receive and may admit the person whose admission is sought.  
         Section History: Early Form
         [R60, § 1480; C73, § 1399; C97, § 2264; C24, 27, 31, 35, 39, §
      3544; C46, § 229.1; C50, 54, 58, 62, 66, 71, 73, 75, § 229.1,
      229.41; C77, 79, 81, § 229.2] 
         Section History: Recent Form
         87 Acts, ch 90, § 2; 99 Acts, ch 135, §17; 2009 Acts, ch 41, §263
         Referred to in § 222.55, 229.4, 229.6A, 229.41

State Codes and Statutes

Statutes > Iowa > Title-6 > Subtitle-3 > Chapter-229 > 229-2

        229.2  APPLICATION FOR VOLUNTARY ADMISSION --
      AUTHORITY TO RECEIVE VOLUNTARY PATIENTS.
         1. a.  An application for admission to a public or private
      hospital for observation, diagnosis, care, and treatment as a
      voluntary patient may be made by any person who is mentally ill or
      has symptoms of mental illness.
         b.  In the case of a minor, the parent, guardian, or custodian
      may make application for admission of the minor as a voluntary
      patient.
         (1)  Upon receipt of an application for voluntary admission of a
      minor, the chief medical officer shall provide separate prescreening
      interviews and consultations with the parent, guardian or custodian
      and the minor to assess the family environment and the
      appropriateness of the application for admission.
         (2)  During the interview and consultation the chief medical
      officer shall inform the minor orally and in writing that the minor
      has a right to object to the admission.  If the chief medical officer
      of the hospital to which application is made determines that the
      admission is appropriate but the minor objects to the admission, the
      parent, guardian or custodian must petition the juvenile court for
      approval of the admission before the minor is actually admitted.
         (3)  As soon as is practicable after the filing of a petition for
      juvenile court approval of the admission of the minor, the juvenile
      court shall determine whether the minor has an attorney to represent
      the minor in the hospitalization proceeding, and if not, the court
      shall assign to the minor an attorney.  If the minor is financially
      unable to pay for an attorney, the attorney shall be compensated by
      the county at an hourly rate to be established by the county board of
      supervisors in substantially the same manner as provided in section
      815.7.
         (4)  The juvenile court shall determine whether the admission is
      in the best interest of the minor and is consistent with the minor's
      rights.
         (5)  The juvenile court shall order hospitalization of a minor,
      over the minor's objections, only after a hearing in which it is
      shown by clear and convincing evidence that:
         (a)  The minor needs and will substantially benefit from
      treatment.
         (b)  No other setting which involves less restriction of the
      minor's liberties is feasible for the purposes of treatment.
         (6)  Upon approval of the admission of a minor over the minor's
      objections, the juvenile court shall appoint an individual to act as
      an advocate representing the interests of the minor in the same
      manner as an advocate representing the interests of patients
      involuntarily hospitalized pursuant to section 229.19.
         2.  Upon receiving an application for admission as a voluntary
      patient, made pursuant to subsection 1:
         a.  The chief medical officer of a public hospital shall
      receive and may admit the person whose admission is sought, subject
      in cases other than medical emergencies to availability of suitable
      accommodations and to the provisions of sections 229.41 and 229.42.
         b.  The chief medical officer of a private hospital may
      receive and may admit the person whose admission is sought.  
         Section History: Early Form
         [R60, § 1480; C73, § 1399; C97, § 2264; C24, 27, 31, 35, 39, §
      3544; C46, § 229.1; C50, 54, 58, 62, 66, 71, 73, 75, § 229.1,
      229.41; C77, 79, 81, § 229.2] 
         Section History: Recent Form
         87 Acts, ch 90, § 2; 99 Acts, ch 135, §17; 2009 Acts, ch 41, §263
         Referred to in § 222.55, 229.4, 229.6A, 229.41

State Codes and Statutes

State Codes and Statutes

Statutes > Iowa > Title-6 > Subtitle-3 > Chapter-229 > 229-2

        229.2  APPLICATION FOR VOLUNTARY ADMISSION --
      AUTHORITY TO RECEIVE VOLUNTARY PATIENTS.
         1. a.  An application for admission to a public or private
      hospital for observation, diagnosis, care, and treatment as a
      voluntary patient may be made by any person who is mentally ill or
      has symptoms of mental illness.
         b.  In the case of a minor, the parent, guardian, or custodian
      may make application for admission of the minor as a voluntary
      patient.
         (1)  Upon receipt of an application for voluntary admission of a
      minor, the chief medical officer shall provide separate prescreening
      interviews and consultations with the parent, guardian or custodian
      and the minor to assess the family environment and the
      appropriateness of the application for admission.
         (2)  During the interview and consultation the chief medical
      officer shall inform the minor orally and in writing that the minor
      has a right to object to the admission.  If the chief medical officer
      of the hospital to which application is made determines that the
      admission is appropriate but the minor objects to the admission, the
      parent, guardian or custodian must petition the juvenile court for
      approval of the admission before the minor is actually admitted.
         (3)  As soon as is practicable after the filing of a petition for
      juvenile court approval of the admission of the minor, the juvenile
      court shall determine whether the minor has an attorney to represent
      the minor in the hospitalization proceeding, and if not, the court
      shall assign to the minor an attorney.  If the minor is financially
      unable to pay for an attorney, the attorney shall be compensated by
      the county at an hourly rate to be established by the county board of
      supervisors in substantially the same manner as provided in section
      815.7.
         (4)  The juvenile court shall determine whether the admission is
      in the best interest of the minor and is consistent with the minor's
      rights.
         (5)  The juvenile court shall order hospitalization of a minor,
      over the minor's objections, only after a hearing in which it is
      shown by clear and convincing evidence that:
         (a)  The minor needs and will substantially benefit from
      treatment.
         (b)  No other setting which involves less restriction of the
      minor's liberties is feasible for the purposes of treatment.
         (6)  Upon approval of the admission of a minor over the minor's
      objections, the juvenile court shall appoint an individual to act as
      an advocate representing the interests of the minor in the same
      manner as an advocate representing the interests of patients
      involuntarily hospitalized pursuant to section 229.19.
         2.  Upon receiving an application for admission as a voluntary
      patient, made pursuant to subsection 1:
         a.  The chief medical officer of a public hospital shall
      receive and may admit the person whose admission is sought, subject
      in cases other than medical emergencies to availability of suitable
      accommodations and to the provisions of sections 229.41 and 229.42.
         b.  The chief medical officer of a private hospital may
      receive and may admit the person whose admission is sought.  
         Section History: Early Form
         [R60, § 1480; C73, § 1399; C97, § 2264; C24, 27, 31, 35, 39, §
      3544; C46, § 229.1; C50, 54, 58, 62, 66, 71, 73, 75, § 229.1,
      229.41; C77, 79, 81, § 229.2] 
         Section History: Recent Form
         87 Acts, ch 90, § 2; 99 Acts, ch 135, §17; 2009 Acts, ch 41, §263
         Referred to in § 222.55, 229.4, 229.6A, 229.41