Text: HF00015 Text: HF00017 Text: HF00000 - HF00099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 125.33, subsections 1 and 5, Code 1995, 1 2 are amended to read as follows: 1 3 1. A substance abuser or chronic substance abuser may 1 4 apply for voluntary treatment or rehabilitation services 1 5 directly to a facility or to a licensed physician and surgeon 1 6 or osteopathic physician and surgeon. If the proposed patient 1 7 is a minor or an incompetent person, a parent, a legal 1 8 guardian, or other legal representative may make the 1 9 application. The licensed physician and surgeon or 1 10 osteopathic physician and surgeon or any employee or person 1 11 acting under the direction or supervision of the physician and 1 12 surgeon or osteopathic physician and surgeon, or the facility 1 13 shall not report or disclose the name of the person or the 1 14 fact that treatment was requested or has been undertaken to 1 15 any law enforcement officer or law enforcement agency; nor 1 16 shall such information be admissible as evidence in any court, 1 17 grand jury, or administrative proceeding unless authorized by 1 18 the person seeking treatment. If the person seeking such 1 19 treatment or rehabilitation is a minor who is fourteen years 1 20 of age or older and has personally made application for 1 21 treatment, the fact that the minor sought treatment or 1 22 rehabilitation or is receiving treatment or rehabilitation 1 23 services shall not be reported or disclosed to the parents or 1 24 legal guardian of such minor without the minor's consent, and 1 25 the minor may give and withdraw legal consent to receive such 1 26 treatment and rehabilitation. Legal consent to receive 1 27 treatment and rehabilitation for a minor who is less than 1 28 fourteen years of age shall be made by the minor's parent, 1 29 legal guardian, or other legal representative. 1 30 5. If a patient leaves a facility, with or against the 1 31 advice of the administrator in charge of the facility, the 1 32 director may make reasonable provisions for the patient's 1 33 transportation to another facility or to the patient's home. 1 34 If the patient has no home the patient shall be assisted in 1 35 obtaining shelter. If the patient is a minor who is less than 2 1 fourteen years of age or an incompetent person and the patient 2 2 was not the original applicant the request for discharge from 2 3 an inpatient facility shall be made by a parent, legal 2 4 guardian, or other legal representativeor by the minor or2 5incompetent if. If the patient was the original applicant and 2 6 is an incompetent person or if the patient is a minor who is 2 7 fourteen years of age or older the request for discharge from 2 8 an inpatient facility may also be made by the incompetent 2 9 person or the minor. 2 10 Sec. 2. Section 229.2, subsection 1, paragraphs b, c, e, 2 11 and f, Code 1995, are amended to read as follows: 2 12 b. During the interview and consultation, if the minor is 2 13 fourteen years of age or older, the chief medical officer 2 14 shall inform the minor orally and in writing that the minor 2 15 has a right to object to the admission. If the chief medical 2 16 officer of the hospital to which application is made 2 17 determines that the admission is appropriate but the minor is 2 18 fourteen years of age or older and objects to the admission, 2 19 the parent, guardian, or custodian must petition the juvenile 2 20 court for approval of the admission before the minor is 2 21 actually admitted. 2 22 c. As soon as is practicable after the filing of a 2 23 petition for juvenile court approval of the admission of the 2 24 minor who is fourteen years of age or older, the juvenile 2 25 court shall determine whether the minor has an attorney to 2 26 represent the minor in the hospitalization proceeding, and if 2 27 not, the court shall assign to the minor an attorney. If the 2 28 minor is financially unable to pay for an attorney, the 2 29 attorney shall be compensated in substantially the manner 2 30 provided by section 815.7. 2 31 e. The juvenile court shall order hospitalization of a 2 32 minor who is fourteen years of age or older, over the minor's 2 33 objections, only after a hearing in which it is shown by clear 2 34 and convincing evidence that: 2 35 (1) The minor needs and will substantially benefit from 3 1 treatment. 3 2 (2) No other setting which involves less restriction of 3 3 the minor's liberties is feasible for the purposes of 3 4 treatment. 3 5 f. Upon approval of the admission of a minor who is 3 6 fourteen years of age or older over the minor's objections, 3 7 the juvenile court shall appoint an individual to act as an 3 8 advocate representing the interests of the minor in the same 3 9 manner as an advocate representing the interests of patients 3 10 involuntarily hospitalized pursuant to section 229.19. 3 11 Sec. 3. Section 229.6A, subsection 1, Code 1995, is 3 12 amended to read as follows: 3 13 1. Notwithstanding section 229.11, the juvenile court has 3 14 exclusive original jurisdiction in proceedings concerning a 3 15 minor for whom an application for involuntary admission is 3 16 filed under section 229.6orand in proceedings concerning a 3 17 minor who is fourteen years of age or older and for whom an 3 18 application for voluntary admission is made under section 3 19 229.2, subsection 1, to which the minor objects. In 3 20 proceedings under this chapter concerning a minor, 3 21 notwithstanding section 229.11, the term "court", "judge", or 3 22 "clerk" means the juvenile court, judge, or clerk. 3 23 EXPLANATION 3 24 This bill requires that minors must have at least reached 3 25 the age of 14 before the minor may object to voluntary com- 3 26 mitment for substance abuse or mental illness treatment. 3 27 Currently a minor of any age may object to a voluntary 3 28 commitment, may withdraw consent to treatment and 3 29 rehabilitation, and cannot be forced to undergo treatment 3 30 without first being involuntarily committed. The bill 3 31 provides for the giving of consent to voluntary treatment for 3 32 mental illness of minors under the age of 14 by the minor's 3 33 parent or parents, guardian, or custodian or, in the case of 3 34 substance abuse treatment, by the minor's parent, legal 3 35 guardian, or other legal representative. 4 1 LSB 1126HH 76 4 2 lh/jw/5
Text: HF00015 Text: HF00017 Text: HF00000 - HF00099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
Search: House Bills and Amendments (76th General Assembly)
© 1996 Cornell College and League of Women Voters of Iowa
Comments? webmaster@legis.iowa.gov.
Last update: Mon Mar 4 09:34:06 CST 1996
URL: /DOCS/GA/76GA/Legislation/HF/00000/HF00016/950109.html
jhf