State Codes and Statutes

Statutes > Iowa > Title-6 > Subtitle-3 > Chapter-229 > 229-39

        229.39  STATUS OF PERSONS HOSPITALIZED UNDER FORMER
      LAW.
         1.  Each person admitted or committed to a hospital for treatment
      of mental illness on or before December 31, 1975 who remained so
      hospitalized, or was on convalescent leave or was receiving care in
      another facility on transfer from such hospitalization, on or after
      January 1, 1976 shall be considered to have been hospitalized under
      this chapter, and its provisions shall apply to each such person on
      and after the effective date of this section, except as otherwise
      provided by subsection 3.
         2.  Hospitalization of a person for treatment of mental illness,
      either voluntary or involuntary, on or before December 31, 1975 does
      not constitute a finding nor equate with nor raise a presumption of
      incompetency, nor cause the person hospitalized to be deemed a person
      of unsound mind nor a person under legal disability for any purpose,
      including but not limited to the circumstances enumerated in section
      229.27, subsection 1.  This subsection does not invalidate any
      specific declaration of incompetence of a person hospitalized if the
      declaration was made pursuant to a separate procedure authorized by
      law for that purpose, and did not result automatically from the
      person's hospitalization.
         3.  Where a person was hospitalized involuntarily for treatment of
      mental illness on or before December 31, 1975 and remained so
      hospitalized, or was on convalescent leave or was receiving care in
      another facility on transfer from such hospitalization, on or after
      January 1, 1976, but was subsequently discharged prior to July 1,
      1978, this section shall not be construed to require:
         a.  The filing after July 1, 1978 of any report relative to
      that person's status which would have been required to be filed prior
      to said date if that person had initially been hospitalized under
      this chapter as amended by Acts of the Sixty-sixth General Assembly,
      1975 Session, ch. 139, sections 1 to 30.
         b.  That legal proceedings be taken under this chapter, as so
      amended, to clarify the status of the person so hospitalized, unless
      that person or the district court considers such proceedings
      necessary in a particular case to appropriately conclude the matter.
      
         Section History: Early Form
         [C79, 81, § 229.39]

State Codes and Statutes

Statutes > Iowa > Title-6 > Subtitle-3 > Chapter-229 > 229-39

        229.39  STATUS OF PERSONS HOSPITALIZED UNDER FORMER
      LAW.
         1.  Each person admitted or committed to a hospital for treatment
      of mental illness on or before December 31, 1975 who remained so
      hospitalized, or was on convalescent leave or was receiving care in
      another facility on transfer from such hospitalization, on or after
      January 1, 1976 shall be considered to have been hospitalized under
      this chapter, and its provisions shall apply to each such person on
      and after the effective date of this section, except as otherwise
      provided by subsection 3.
         2.  Hospitalization of a person for treatment of mental illness,
      either voluntary or involuntary, on or before December 31, 1975 does
      not constitute a finding nor equate with nor raise a presumption of
      incompetency, nor cause the person hospitalized to be deemed a person
      of unsound mind nor a person under legal disability for any purpose,
      including but not limited to the circumstances enumerated in section
      229.27, subsection 1.  This subsection does not invalidate any
      specific declaration of incompetence of a person hospitalized if the
      declaration was made pursuant to a separate procedure authorized by
      law for that purpose, and did not result automatically from the
      person's hospitalization.
         3.  Where a person was hospitalized involuntarily for treatment of
      mental illness on or before December 31, 1975 and remained so
      hospitalized, or was on convalescent leave or was receiving care in
      another facility on transfer from such hospitalization, on or after
      January 1, 1976, but was subsequently discharged prior to July 1,
      1978, this section shall not be construed to require:
         a.  The filing after July 1, 1978 of any report relative to
      that person's status which would have been required to be filed prior
      to said date if that person had initially been hospitalized under
      this chapter as amended by Acts of the Sixty-sixth General Assembly,
      1975 Session, ch. 139, sections 1 to 30.
         b.  That legal proceedings be taken under this chapter, as so
      amended, to clarify the status of the person so hospitalized, unless
      that person or the district court considers such proceedings
      necessary in a particular case to appropriately conclude the matter.
      
         Section History: Early Form
         [C79, 81, § 229.39]

State Codes and Statutes

State Codes and Statutes

Statutes > Iowa > Title-6 > Subtitle-3 > Chapter-229 > 229-39

        229.39  STATUS OF PERSONS HOSPITALIZED UNDER FORMER
      LAW.
         1.  Each person admitted or committed to a hospital for treatment
      of mental illness on or before December 31, 1975 who remained so
      hospitalized, or was on convalescent leave or was receiving care in
      another facility on transfer from such hospitalization, on or after
      January 1, 1976 shall be considered to have been hospitalized under
      this chapter, and its provisions shall apply to each such person on
      and after the effective date of this section, except as otherwise
      provided by subsection 3.
         2.  Hospitalization of a person for treatment of mental illness,
      either voluntary or involuntary, on or before December 31, 1975 does
      not constitute a finding nor equate with nor raise a presumption of
      incompetency, nor cause the person hospitalized to be deemed a person
      of unsound mind nor a person under legal disability for any purpose,
      including but not limited to the circumstances enumerated in section
      229.27, subsection 1.  This subsection does not invalidate any
      specific declaration of incompetence of a person hospitalized if the
      declaration was made pursuant to a separate procedure authorized by
      law for that purpose, and did not result automatically from the
      person's hospitalization.
         3.  Where a person was hospitalized involuntarily for treatment of
      mental illness on or before December 31, 1975 and remained so
      hospitalized, or was on convalescent leave or was receiving care in
      another facility on transfer from such hospitalization, on or after
      January 1, 1976, but was subsequently discharged prior to July 1,
      1978, this section shall not be construed to require:
         a.  The filing after July 1, 1978 of any report relative to
      that person's status which would have been required to be filed prior
      to said date if that person had initially been hospitalized under
      this chapter as amended by Acts of the Sixty-sixth General Assembly,
      1975 Session, ch. 139, sections 1 to 30.
         b.  That legal proceedings be taken under this chapter, as so
      amended, to clarify the status of the person so hospitalized, unless
      that person or the district court considers such proceedings
      necessary in a particular case to appropriately conclude the matter.
      
         Section History: Early Form
         [C79, 81, § 229.39]