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Text: HF00482                           Text: HF00484
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House File 483

Partial Bill History

Bill Text

PAG LIN
  1  1                           DIVISION I
  1  2           PAYMENT OF WAGES TO INSTITUTIONAL RESIDENTS
  1  3    Section 1.  Section 218.42, Code 1995, is amended to read
  1  4 as follows:
  1  5    218.42  WAGES OF RESIDENTS.
  1  6    When If a resident performs services for the state at an
  1  7 institution listed in section 218.1, the administrator in
  1  8 control of such the institution may, when the administrator
  1  9 deems such course practicable, pay such resident such wage as
  1 10 it deems proper in view of the circumstances, and in view of
  1 11 the cost attending the maintenance of such shall pay the
  1 12 resident a wage in accordance with federal wage and hour
  1 13 requirements.  In no case shall such However, the wage amount
  1 14 shall not exceed the amount paid to free labor of the
  1 15 prevailing wage paid in the state for a like service or its
  1 16 equivalent.  
  1 17                           DIVISION II
  1 18                     DHS PUBLIC HOUSING UNIT
  1 19    Sec. 2.  Section 225C.4, subsection 2, paragraph e, Code
  1 20 1995, is amended to read as follows:
  1 21    e.  Administer a public housing unit within a bureau of the
  1 22 division to apply for, receive, and administer federal
  1 23 assistance, grants, and other public or private funds for
  1 24 purposes related to providing housing to persons with
  1 25 disabilities in accordance with section 225C.45.
  1 26    Sec. 3.  Section 225C.45, subsection 1, Code 1995, is
  1 27 amended to read as follows:
  1 28    1.  The administrator may establish a public housing unit
  1 29 within a bureau of the division to apply for, receive, and
  1 30 administer federal assistance, grants, and other public or
  1 31 private funds for purposes related to providing housing to
  1 32 persons with mental illness, mental retardation or other
  1 33 developmental disability, or brain injury.  
  1 34                          DIVISION III
  1 35 SALE OF SERVICES AT DEPARTMENT OF HUMAN SERVICES' INSTITUTIONS
  2  1    Sec. 4.  Section 222.73, Code 1995, is amended by adding
  2  2 the following new subsection:
  2  3    NEW SUBSECTION.  5.  A superintendent of a hospital-school
  2  4 or special unit may enter into a contract with a person for
  2  5 the hospital-school or special unit to provide consultation or
  2  6 treatment services.  The contract provisions shall include
  2  7 charges which reflect the actual cost of providing the
  2  8 services.  Any income from a contract authorized under this
  2  9 subsection may be retained by the hospital-school or special
  2 10 unit to defray the costs of providing the services.  Except
  2 11 for a contract voluntarily entered into by a county under this
  2 12 subsection, the costs or income associated with a contract
  2 13 authorized under this subsection shall not be considered in
  2 14 computing charges and per diem costs in accordance with the
  2 15 provisions of subsections 1 through 4 of this section.
  2 16    Sec. 5.  Section 230.20, Code 1995, is amended by adding
  2 17 the following new subsection:
  2 18    NEW SUBSECTION.  7.  A superintendent of a mental health
  2 19 institute may enter into a contract with a person for the
  2 20 mental health institute to provide consultation or treatment
  2 21 services.  The contract provisions shall include charges which
  2 22 reflect the actual cost of providing the services.  Any income
  2 23 from a contract authorized under this subsection may be
  2 24 retained by the mental health institute to defray the costs of
  2 25 providing the services.  Except for a contract voluntarily
  2 26 entered into by a county under this subsection, the costs or
  2 27 income associated with a contract authorized under this
  2 28 subsection shall not be considered in computing charges and
  2 29 per diem costs in accordance with the provisions of
  2 30 subsections 1 through 6 of this section.  
  2 31                           DIVISION IV
  2 32    STATE HOSPITAL-SCHOOL ADMISSION AND DISCHARGE PROCEDURES
  2 33    Sec. 6.  Section 222.1, unnumbered paragraph 1, Code 1995,
  2 34 is amended to read as follows:
  2 35    The Glenwood state hospital-school and the Woodward state
  3  1 hospital-school shall be maintained for the purpose of
  3  2 providing treatment, training, instruction, care,
  3  3 habilitation, and support of mentally retarded persons with
  3  4 mental retardation or other disabilities in this state.  
  3  5    Sec. 7.  Section 222.13, Code 1995, is amended to read as
  3  6 follows:
  3  7    222.13  VOLUNTARY ADMISSIONS.
  3  8    1.  The parent, If an adult person is believed to be a
  3  9 person with mental retardation, the adult person or the adult
  3 10 person's guardian, or other person responsible for any person
  3 11 believed to be mentally retarded within the meaning of this
  3 12 chapter may on behalf of such person request the county board
  3 13 of supervisors or their designated agent to apply to the
  3 14 superintendent of any state hospital-school for the voluntary
  3 15 admission of such the adult person either as an inpatient or
  3 16 an outpatient of the hospital-school.  After determining the
  3 17 legal settlement of such the adult person as provided by this
  3 18 chapter, the board of supervisors shall, on forms prescribed
  3 19 by the administrator, apply to the superintendent of the
  3 20 hospital-school in the district for the admission of such the
  3 21 adult person to the hospital-school.  An application for
  3 22 admission to a special unit of any adult person believed to be
  3 23 in need of any of the services provided by the special unit
  3 24 under section 222.88 may be made in the same manner, upon
  3 25 request of the parent, adult person or the adult person's
  3 26 guardian, or other person responsible for the handicapped
  3 27 person.  The superintendent shall accept the application
  3 28 providing a preadmission diagnostic evaluation confirms or
  3 29 establishes the need for admission, except that no an
  3 30 application may not be accepted if the institution does not
  3 31 have adequate facilities available or if the acceptance will
  3 32 result in an overcrowded condition.
  3 33    2.  If the hospital-school has no appropriate program for
  3 34 the treatment of such persons an adult or minor person with
  3 35 mental retardation applying under this section or section
  4  1 222.13A, the board of supervisors shall arrange for the
  4  2 placement of the persons person in any public or private
  4  3 facility within or without the state, approved by the director
  4  4 of the department of human services, which offers appropriate
  4  5 services for such persons the person.
  4  6    3.  Upon applying for admission of a an adult or minor
  4  7 person to a hospital-school, or a special unit, the board of
  4  8 supervisors shall make a full investigation into the financial
  4  9 circumstances of that person and those liable for that
  4 10 person's support under section 222.78, to determine whether or
  4 11 not any of them are able to pay the expenses arising out of
  4 12 the admission of the person to a hospital-school or special
  4 13 treatment unit.  If the board finds that the person or those
  4 14 legally responsible for the person are presently unable to pay
  4 15 such the expenses, they shall direct that the expenses be paid
  4 16 by the county.  The board may review its finding at any
  4 17 subsequent time while the person remains at the hospital-
  4 18 school, or is otherwise receiving care or treatment for which
  4 19 this chapter obligates the county to pay.  If the board finds
  4 20 upon review that that the person or those legally responsible
  4 21 for that the person are presently able to pay such the
  4 22 expenses, that the finding shall apply only to the charges so
  4 23 incurred during the period beginning on the date of the review
  4 24 and continuing thereafter, unless and until the board again
  4 25 changes its finding.  If the board finds that the person or
  4 26 those legally responsible for the person are able to pay the
  4 27 expenses, they shall direct that the charges be so paid to the
  4 28 extent required by section 222.78, and the county auditor
  4 29 shall be responsible for the collection thereof of the
  4 30 charges.
  4 31    Sec. 8.  NEW SECTION.  222.13A  VOLUNTARY ADMISSIONS &endash;
  4 32 MINORS.
  4 33    1.  If a minor is believed to be a person with mental
  4 34 retardation, the minor's parent, guardian, or custodian may
  4 35 request the county board of supervisors to apply for admission
  5  1 of the minor as a voluntary patient in a state hospital-
  5  2 school.  If the hospital-school does not have appropriate
  5  3 services for the minor's treatment, the board of supervisors
  5  4 may arrange for the admission of the minor in a public or
  5  5 private facility within or without the state, approved by the
  5  6 director of human services, which offers appropriate services
  5  7 for the minor's treatment.
  5  8    2.  Upon receipt of an application for voluntary admission
  5  9 of a minor, the board of supervisors shall provide for a
  5 10 preadmission diagnostic evaluation of the minor to confirm or
  5 11 establish the need for the admission.  The preadmission
  5 12 diagnostic evaluation shall be performed by a person who meets
  5 13 the qualifications of a qualified mental retardation
  5 14 professional.
  5 15    3.  During the preadmission diagnostic evaluation, the
  5 16 minor shall be informed both orally and in writing that the
  5 17 minor has the right to object to the voluntary admission.  If
  5 18 the preadmission diagnostic evaluation determines that the
  5 19 voluntary admission is appropriate but the minor objects to
  5 20 the admission, the minor shall not be admitted to the state
  5 21 hospital-school unless the court approves of the admission.  A
  5 22 petition for approval of the minor's admission may be
  5 23 submitted to the juvenile court by the minor's parent,
  5 24 guardian, or custodian.
  5 25    4.  As soon as practicable after the filing of a petition
  5 26 for approval of the voluntary admission, the court shall
  5 27 determine whether the minor has an attorney to represent the
  5 28 minor in the proceeding.  If the minor does not have an
  5 29 attorney, the court shall assign to the minor an attorney.  If
  5 30 the minor is unable to pay for an attorney, the attorney shall
  5 31 be compensated in substantially the same manner as provided in
  5 32 section 815.7.
  5 33    5.  The court shall order the admission of a minor who
  5 34 objects to the admission, only after a hearing in which it is
  5 35 shown by clear and convincing evidence that both of the
  6  1 following circumstances exist:
  6  2    a.  The minor needs and will substantially benefit from
  6  3 treatment or habilitation.
  6  4    b.  A placement which involves less restriction of the
  6  5 minor's liberties for the purposes of treatment or
  6  6 habilitation is not feasible.
  6  7    Sec. 9.  Section 222.15, Code 1995, is amended to read as
  6  8 follows:
  6  9    222.15  DISCHARGE OF VOLUNTARY PATIENTS ADMITTED
  6 10 VOLUNTARILY.
  6 11    The parent, guardian, or any other person responsible for
  6 12 the voluntary admission of any person to a hospital-school or
  6 13 a special unit may, upon ten days' notice, obtain the
  6 14 discharge of such person by giving to the superintendent of
  6 15 the institution and the county board of supervisors of the
  6 16 county from which such person was admitted written notice of
  6 17 the desire for such discharge.  This section applies to any
  6 18 person who was voluntarily admitted to a state hospital-school
  6 19 or other facility in accordance with the provisions of section
  6 20 222.13 or 222.13A.  Except as otherwise provided by this
  6 21 section, if the person or the person's parent, guardian, or
  6 22 custodian submits a written request for the person's release,
  6 23 the person shall be immediately released.
  6 24    1.  If the person is an adult and was admitted pursuant to
  6 25 an application by the person or the person's guardian and the
  6 26 request for release is made by a different person, the release
  6 27 is subject to the agreement of the person voluntarily admitted
  6 28 or the person's guardian, if the guardian submitted the
  6 29 application.
  6 30    2.  If the person is a minor who was admitted pursuant to
  6 31 the provisions of section 222.13A, the person's release prior
  6 32 to becoming eighteen years of age is subject to the consent of
  6 33 the person's parent, guardian, or custodian, or to the
  6 34 approval of the court if the admission was approved by the
  6 35 court.
  7  1    3.  a.  If the administrator of the facility in which the
  7  2 patient is admitted certifies that in the administrator's
  7  3 opinion the release of the person would be contrary to the
  7  4 safety of the person or the community, the release may be
  7  5 postponed by a court order.  The administrator's certification
  7  6 shall be filed with the clerk of the district court for the
  7  7 county in which the facility is located no later than one day
  7  8 following the submission of the written request for release.
  7  9 The period of postponement shall be the period of time the
  7 10 court determines necessary to permit the commencement of
  7 11 judicial proceedings for the person's involuntary commitment.
  7 12 The period of postponement shall not exceed five days unless
  7 13 the period of postponement is extended by court order for good
  7 14 cause shown.
  7 15    b.  If a petition for the person's involuntary commitment
  7 16 is timely filed, the administrator may detain the person in
  7 17 the facility and provide treatment until disposition of the
  7 18 petition.  The treatment shall be limited to that necessary to
  7 19 preserve the person's life or to appropriately control
  7 20 behavior by the person which is likely to result in physical
  7 21 injury to the person or to others if allowed to continue.  The
  7 22 administrator shall not otherwise provide treatment to the
  7 23 person without the person's consent.
  7 24    Sec. 10.  NEW SECTION.  222.16A  JUDICIAL PROCEEDINGS.
  7 25    1.  The chief judge of a judicial district may appoint one
  7 26 or more judicial hospitalization referees for each county in
  7 27 the district to discharge the duties imposed on the court by
  7 28 this chapter.  The judicial hospitalization qualification
  7 29 provisions of section 229.21 shall apply to referees appointed
  7 30 under this section in performing duties pursuant to this
  7 31 chapter.  An order or findings by a referee pursuant to this
  7 32 chapter may be appealed to a judge of the district court by
  7 33 filing notice with the clerk of the district court within
  7 34 seven days after the findings or order is made, and hearing by
  7 35 the district court shall be de novo.  The court shall schedule
  8  1 a hearing before a district judge at the earliest practicable
  8  2 time.
  8  3    2.  The juvenile court has exclusive original jurisdiction
  8  4 in any court proceedings concerning a minor pursuant to this
  8  5 chapter.
  8  6    Sec. 11.  Section 222.59, Code 1995, is amended by striking
  8  7 the section and inserting in lieu thereof the following:
  8  8    222.59  ALTERNATIVE TO STATE HOSPITAL-SCHOOL PLACEMENT.
  8  9    1.  Upon receiving a request from an authorized requester,
  8 10 the superintendent of a state hospital-school shall assist the
  8 11 requester in identifying available community-based services as
  8 12 an alternative to continued placement of a patient in the
  8 13 state hospital-school.  For the purposes of this section,
  8 14 "authorized requester" means the parent, guardian, or
  8 15 custodian of a minor patient, the guardian of an adult
  8 16 patient, or an adult patient who does not have a guardian.
  8 17 The assistance shall identify alternatives to continued
  8 18 placement which are appropriate to the patient's needs and
  8 19 shall include but are not limited to any of the following:
  8 20    a.  Providing information on currently available services
  8 21 that are an alternative to residence in the state hospital-
  8 22 school.
  8 23    b.  Referring the patient to an appropriate case management
  8 24 agency or other provider of service.
  8 25    2.  If a patient was admitted pursuant to section 222.13 or
  8 26 section 222.13A and the patient wishes to be placed outside of
  8 27 the state hospital-school, the discharge for the placement
  8 28 shall be made in accordance with the provisions of section
  8 29 222.15.
  8 30    3.  If a patient was involuntarily committed, a petition
  8 31 for approval of a proposed placement outside the state
  8 32 hospital-school shall be filed, by the authorized requester or
  8 33 the superintendent of the state hospital-school where the
  8 34 patient is placed, with the court which made the commitment
  8 35 with either of the following recommendations for the court's
  9  1 consideration:
  9  2    a.  That the patient's commitment is no longer necessary
  9  3 and should be discontinued.
  9  4    b.  That the patient's commitment is still appropriate but
  9  5 the patient should be transferred to another public or private
  9  6 facility in accordance with the provisions of section 222.31,
  9  7 subsection 1.
  9  8    Sec. 12.  Section 222.60, unnumbered paragraph 1, Code
  9  9 1995, is amended to read as follows:
  9 10    All necessary and legal expenses for the cost of admission
  9 11 or commitment or for the treatment, training, instruction,
  9 12 care, habilitation, support and transportation of patients
  9 13 persons with mental retardation in a state hospital-school for
  9 14 the mentally retarded, or in a special unit, or any public or
  9 15 private facility within or without the state, approved by the
  9 16 director of the department of human services, shall be paid by
  9 17 either:
  9 18    Sec. 13.  Section 225C.4, subsection 1, paragraph o, Code
  9 19 1995, is amended by striking the paragraph.  
  9 20 HF 483
  9 21 jp/pk/25
     
Text: HF00482                           Text: HF00484
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