Text: HSB00181 Text: HSB00183 Text: HSB00100 - HSB00199 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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 6WhenIf a resident performs services for the state at an 1 7 institution listed in section 218.1, the administrator in 1 8 control ofsuchthe institutionmay, when the administrator1 9deems such course practicable, pay such resident such wage as1 10it deems proper in view of the circumstances, and in view of1 11the cost attending the maintenance of suchshall pay the 1 12 resident a wage in accordance with federal wage and hour 1 13 requirements.In no case shall suchHowever, the wage amount 1 14 shall not exceed the amountpaid to free laborof 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 housingto persons with1 25disabilitiesin 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 housingto1 32persons with mental illness, mental retardation or other1 33developmental 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 222.13, Code 1995, is amended to read as 2 34 follows: 2 35 222.13 VOLUNTARY ADMISSIONS. 3 1 1.The parent,If an adult person is believed to be a 3 2 person with mental retardation, the adult person or the adult 3 3 person's guardian, or other person responsible for any person3 4believed to be mentally retarded within the meaning of this3 5chaptermayon behalf of such personrequest the county board 3 6 of supervisors or their designated agent to apply to the 3 7 superintendent of any state hospital-school for the voluntary 3 8 admission ofsuchthe adult person either as an inpatient or 3 9 an outpatient of the hospital-school. After determining the 3 10 legal settlement ofsuchthe adult person as provided by this 3 11 chapter, the board of supervisors shall, on forms prescribed 3 12 by the administrator, apply to the superintendent of the 3 13 hospital-school in the district for the admission ofsuchthe 3 14 adult person to the hospital-school. An application for 3 15 admission to a special unit of any adult person believed to be 3 16 in need of any of the services provided by the special unit 3 17 under section 222.88 may be made in the same manner, upon 3 18 request of theparent,adult person or the adult person's 3 19 guardian, or other person responsible for the handicapped3 20person. The superintendent shall accept the application 3 21 providing a preadmission diagnostic evaluation confirms or 3 22 establishes the need for admission, except thatnoan 3 23 application may not be accepted if the institution does not 3 24 have adequate facilities available or if the acceptance will 3 25 result in an overcrowded condition. 3 26 2. If the hospital-school has no appropriate program for 3 27 the treatment ofsuch personsan adult or minor person with 3 28 mental retardation applying under this section or section 3 29 222.13A, the board of supervisors shall arrange for the 3 30 placement of thepersonsperson in any public or private 3 31 facility within or without the state, approved by the director 3 32 of the department of human services, which offers appropriate 3 33 services forsuch personsthe person. 3 34 3. Upon applying for admission ofaan adult or minor 3 35 person to a hospital-school, or a special unit, the board of 4 1 supervisors shall make a full investigation into the financial 4 2 circumstances of that person and those liable for that 4 3 person's support under section 222.78, to determine whether or 4 4 not any of them are able to pay the expenses arising out of 4 5 the admission of the person to a hospital-school or special 4 6 treatment unit. If the board finds that the person or those 4 7 legally responsible for the person are presently unable to pay 4 8suchthe expenses, they shall direct that the expenses be paid 4 9 by the county. The board may review its finding at any 4 10 subsequent time while the person remains at the hospital- 4 11 school, or is otherwise receiving care or treatment for which 4 12 this chapter obligates the county to pay. If the board finds 4 13 upon review thatthatthe person or those legally responsible 4 14 forthatthe person are presently able to paysuchthe 4 15 expenses,thatthe finding shall apply only to the chargesso4 16 incurred during the period beginning on the date of the review 4 17 and continuing thereafter, unless and until the board again 4 18 changes its finding. If the board finds that the person or 4 19 those legally responsible for the person are able to pay the 4 20 expenses, they shall direct that the charges be so paid to the 4 21 extent required by section 222.78, and the county auditor 4 22 shall be responsible for the collectionthereofof the 4 23 charges. 4 24 Sec. 7. NEW SECTION. 222.13A VOLUNTARY ADMISSIONS &endash; 4 25 MINORS. 4 26 1. If a minor is believed to be a person with mental 4 27 retardation, the minor's parent, guardian, or custodian may 4 28 request the county board of supervisors to apply for admission 4 29 of the minor as a voluntary patient in a state hospital- 4 30 school. If the hospital-school does not have appropriate 4 31 services for the minor's treatment, the board of supervisors 4 32 may arrange for the admission of the minor in a public or 4 33 private facility within or without the state, approved by the 4 34 director of human services, which offers appropriate services 4 35 for the minor's treatment. 5 1 2. Upon receipt of an application for voluntary admission 5 2 of a minor, the board of supervisors shall provide for a 5 3 preadmission diagnostic evaluation of the minor to confirm or 5 4 establish the need for the admission. The preadmission 5 5 diagnostic evaluation shall be performed by a person who meets 5 6 the qualifications of a qualified mental retardation 5 7 professional. 5 8 3. During the preadmission diagnostic evaluation, the 5 9 minor shall be informed both orally and in writing that the 5 10 minor has the right to object to the voluntary admission. If 5 11 the preadmission diagnostic evaluation determines that the 5 12 voluntary admission is appropriate but the minor objects to 5 13 the admission, the minor shall not be admitted to the state 5 14 hospital-school unless the court approves of the admission. A 5 15 petition for approval of the minor's admission may be 5 16 submitted to the juvenile court by the minor's parent, 5 17 guardian, or custodian. 5 18 4. As soon as practicable after the filing of a petition 5 19 for approval of the voluntary admission, the court shall 5 20 determine whether the minor has an attorney to represent the 5 21 minor in the proceeding. If the minor does not have an 5 22 attorney, the court shall assign to the minor an attorney. If 5 23 the minor is unable to pay for an attorney, the attorney shall 5 24 be compensated in substantially the same manner as provided in 5 25 section 815.7. 5 26 5. The court shall order the admission of a minor who 5 27 objects to the admission, only after a hearing in which it is 5 28 shown by clear and convincing evidence that both of the 5 29 following circumstances exist: 5 30 a. The minor needs and will substantially benefit from 5 31 treatment or habilitation. 5 32 b. A placement which involves less restriction of the 5 33 minor's liberties for the purposes of treatment or 5 34 habilitation is not feasible. 5 35 Sec. 8. Section 222.15, Code 1995, is amended to read as 6 1 follows: 6 2 222.15 DISCHARGE OFVOLUNTARYPATIENTS ADMITTED 6 3 VOLUNTARILY. 6 4The parent, guardian, or any other person responsible for6 5the voluntary admission of any person to a hospital-school or6 6a special unit may, upon ten days' notice, obtain the6 7discharge of such person by giving to the superintendent of6 8the institution and the county board of supervisors of the6 9county from which such person was admitted written notice of6 10the desire for such discharge.This section applies to any 6 11 person who was voluntarily admitted to a state hospital-school 6 12 or other facility in accordance with the provisions of section 6 13 222.13 or 222.13A. Except as otherwise provided by this 6 14 section, if the person or the person's parent, guardian, or 6 15 custodian submits a written request for the person's release, 6 16 the person shall be immediately released. 6 17 1. If the person is an adult and was admitted pursuant to 6 18 an application by the person or the person's guardian and the 6 19 request for release is made by a different person, the release 6 20 is subject to the agreement of the person voluntarily admitted 6 21 or the person's guardian, if the guardian submitted the 6 22 application. 6 23 2. If the person is a minor who was admitted pursuant to 6 24 the provisions of section 222.13A, the person's release prior 6 25 to becoming eighteen years of age is subject to the consent of 6 26 the person's parent, guardian, or custodian, or to the 6 27 approval of the court if the admission was approved by the 6 28 court. 6 29 3. a. If the administrator of the facility in which the 6 30 patient is admitted certifies that in the administrator's 6 31 opinion the release of the person would be contrary to the 6 32 safety of the person or the community, the release may be 6 33 postponed by a court order. The administrator's certification 6 34 shall be filed with the clerk of the district court for the 6 35 county in which the facility is located no later than one day 7 1 following the submission of the written request for release. 7 2 The period of postponement shall be the period of time the 7 3 court determines necessary to permit the commencement of 7 4 judicial proceedings for the person's involuntary commitment. 7 5 The period of postponement shall not exceed five days unless 7 6 the period of postponement is extended by court order for good 7 7 cause shown. 7 8 b. If a petition for the person's involuntary commitment 7 9 is timely filed, the administrator may detain the person in 7 10 the facility and provide treatment until disposition of the 7 11 petition. The treatment shall be limited to that necessary to 7 12 preserve the person's life or to appropriately control 7 13 behavior by the person which is likely to result in physical 7 14 injury to the person or to others if allowed to continue. The 7 15 administrator shall not otherwise provide treatment to the 7 16 person without the person's consent. 7 17 Sec. 9. NEW SECTION. 222.16A JUDICIAL PROCEEDINGS. 7 18 1. The chief judge of a judicial district may appoint one 7 19 or more judicial hospitalization referees for each county in 7 20 the district to discharge the duties imposed on the court by 7 21 this chapter. The judicial hospitalization qualification 7 22 provisions of section 229.21 shall apply to referees appointed 7 23 under this section in performing duties pursuant to this 7 24 chapter. An order or findings by a referee pursuant to this 7 25 chapter may be appealed to a judge of the district court by 7 26 filing notice with the clerk of the district court within 7 27 seven days after the findings or order is made, and hearing by 7 28 the district court shall be de novo. The court shall schedule 7 29 a hearing before a district judge at the earliest practicable 7 30 time. 7 31 2. The juvenile court has exclusive original jurisdiction 7 32 in any court proceedings concerning a minor pursuant to this 7 33 chapter. 7 34 Sec. 10. Section 222.59, Code 1995, is amended by striking 7 35 the section and inserting in lieu thereof the following: 8 1 222.59 ALTERNATIVE TO STATE HOSPITAL-SCHOOL PLACEMENT. 8 2 1. Upon receiving a request from an authorized requester, 8 3 the superintendent of a state hospital-school shall assist the 8 4 requester in identifying available community-based services as 8 5 an alternative to continued placement of a patient in the 8 6 state hospital-school. For the purposes of this section, 8 7 "authorized requester" means the parent, guardian, or 8 8 custodian of a minor patient, the guardian of an adult 8 9 patient, or an adult patient who does not have a guardian. 8 10 The assistance shall identify alternatives to continued 8 11 placement which are appropriate to the patient's needs and 8 12 shall include but are not limited to any of the following: 8 13 a. Providing information on currently available services 8 14 that are an alternative to residence in the state hospital- 8 15 school. 8 16 b. Referring the patient to an appropriate case management 8 17 agency or other provider of service. 8 18 2. If a patient was admitted pursuant to section 222.13 or 8 19 section 222.13A and the patient wishes to be placed outside of 8 20 the state hospital-school, the discharge for the placement 8 21 shall be made in accordance with the provisions of section 8 22 222.15. 8 23 3. If a patient was involuntarily committed, a petition 8 24 for approval of a proposed placement outside the state 8 25 hospital-school shall be filed, by the authorized requester or 8 26 the superintendent of the state hospital-school where the 8 27 patient is placed, with the court which made the commitment 8 28 with either of the following recommendations for the court's 8 29 consideration: 8 30 a. That the patient's commitment is no longer necessary 8 31 and should be discontinued. 8 32 b. That the patient's commitment is still appropriate but 8 33 the patient should be transferred to another public or private 8 34 facility in accordance with the provisions of section 222.31, 8 35 subsection 1. 9 1 Sec. 11. Section 225C.4, subsection 1, paragraph o, Code 9 2 1995, is amended by striking the paragraph. 9 3 EXPLANATION 9 4 This bill relates to department of human services' 9 5 provisions involving the state hospital-schools and other 9 6 institutions and the department's public housing unit. 9 7 Division I relates to wages paid to residents of 9 8 institutions under the control of the department of human 9 9 services. These institutions include the two state hospital- 9 10 schools, the four mental health institutes, the state training 9 11 school at Eldora, and the state juvenile home at Toledo. 9 12 Under current law, the superintendent of an institution may 9 13 pay wages to residents for services to the state, if deemed 9 14 practicable, in an amount based upon consideration of the 9 15 costs of the resident's care. The bill requires payment for 9 16 services to the state in accordance with federal wage and hour 9 17 requirements. 9 18 Division II relates to statutory authority for the division 9 19 of mental health and developmental disabilities to establish a 9 20 public housing unit. The bill removes a codified restriction 9 21 limiting the unit's scope to persons with mental illness, 9 22 mental retardation or other developmental disability, or brain 9 23 injury. 9 24 Division III authorizes the state hospital-schools and 9 25 state mental health institutes to contract with a person (the 9 26 term "person" is defined in section 4.1 to include an 9 27 individual, corporation, political subdivision, or other legal 9 28 entity) to provide consultation or treatment services. The 9 29 contract must include charges reflecting the actual costs of 9 30 providing the services. Any income may be retained by the 9 31 institution. The provisions are incorporated into the Code 9 32 sections which detail computation of charges to counties for 9 33 services in the institutions. Any income or expense 9 34 associated with a contract cannot be included in the 9 35 computation of the charges unless a county is a party to the 10 1 contract. 10 2 Division IV relates to placements at the state hospital- 10 3 schools and related facilities by applying procedural 10 4 requirements to placements at these institutions. Current law 10 5 in section 222.13, providing for voluntary placement of an 10 6 individual by the individual's parent, guardian, or custodian, 10 7 is modified by restricting voluntary placement of an adult to 10 8 the individual or the individual's guardian and by 10 9 establishing a separate procedure for minors. In new section 10 10 222.13A, procedures for a juvenile court hearing are provided 10 11 in the event a minor objects to a voluntary placement 10 12 initiated by the minor's parent, guardian, or custodian. 10 13 Division IV also strikes and rewrites section 222.15, 10 14 relating to discharge of state hospital-school or other 10 15 facility residents who were voluntarily admitted. Procedural 10 16 provisions are established in the event the person or the 10 17 person's guardian makes a written request for the person's 10 18 release. If a person was admitted pursuant to the person's 10 19 own request or a guardian's request, the person requesting 10 20 admission must also approve the request for release. If the 10 21 person is a minor, the minor's legal agent must approve of the 10 22 release, as must the juvenile court if the court was involved 10 23 with the placement. In addition, there are procedures to 10 24 prohibit release of the person in the event the placement 10 25 agency believes the person's or the community's safety would 10 26 be affected by the release. 10 27 Division IV also creates a new section 222.16A which 10 28 authorizes a district court judge to appoint county judicial 10 29 hospitalization referees to fulfill the court's duties 10 30 regarding involuntary commitments of persons with mental 10 31 retardation. A petitioner may appeal a referee's finding or 10 32 commitment order to a district court judge. This section also 10 33 specifies that the juvenile court has jurisdiction over cases 10 34 of minors with mental retardation. 10 35 Division IV also strikes and rewrites section 222.59. In 11 1 current law, this section provides for superintendents of 11 2 hospital-schools or special units to transfer or release 11 3 patients. Current law provides for advance planning, written 11 4 records, notice of affected parties, and continuing 11 5 responsibility for patient welfare. The rewritten section 11 6 provides for the resident or the resident's legal agent to 11 7 request a superintendent's assistance in locating alternative 11 8 services or placement. The assistance can either be with 11 9 information or a referral. If the resident was voluntarily 11 10 admitted and an alternative placement is desired, the bill's 11 11 provisions in section 222.15 apply. If the resident was 11 12 involuntarily admitted, court authorization is required to 11 13 change the placement. Section 225C.4 is amended to remove a 11 14 responsibility for the administrator of the division of mental 11 15 health and developmental disabilities to provide consultation 11 16 to patients' advocates appointed pursuant to section 222.59. 11 17 The rewritten section 222.59 no longer refers to patients' 11 18 advocates. 11 19 BACKGROUND STATEMENT 11 20 SUBMITTED BY THE AGENCY 11 21 Division I relates to payment of wages to institutional 11 22 residents. 11 23 Iowa Code section 218.42 establishes guidelines for paying 11 24 wages to institutional residents. The language does not 11 25 conform with current wage and hour laws. The language should 11 26 be changed to require that when an institutional resident 11 27 works for the institution that payment of their wages be in 11 28 conformance with the federal wage and hour laws. 11 29 Current state law does not conform with federal law. In 11 30 the consent decree for Conner v. Branstad, No. 4-86-CV-30871 11 31 (S.D. Iowa, July 15, 1994) (a recent federal district court 11 32 case involving placement, care, and treatment procedures at 11 33 the state hospital-schools), the department of human services 11 34 (DHS) agreed to comply with federal regulations governing 11 35 intermediate care facilities for the mentally retarded 12 1 (ICF/MR) at the state hospital-schools. Those regulations 12 2 require compliance with federal wage and hour laws. The 12 3 institutions already are in compliance. 12 4 Division II relates to statutory provisions authorizing the 12 5 department's division of mental health and developmental 12 6 disabilities to establish a public housing unit. 12 7 The current law's language does not comply with federal 12 8 government guidelines. This language originally took effect 12 9 July 1, 1992, enabling the division of mental health and 12 10 developmental disabilities to pursue approval from the federal 12 11 department of housing and urban development (HUD) as a public 12 12 housing unit. All public housing authorities (units) must 12 13 have HUD authorization and approval to operate. 12 14 Section 225C.45, as currently written, would permit housing 12 15 activities for persons with mental illness, mental 12 16 retardation, or a developmental disability. After a thorough 12 17 review of this language by HUD's public housing and legal 12 18 staff, DHS was notified in December of 1993 that federal law 12 19 will not permit a public housing entity to restrict housing 12 20 assistance to a designated group, in this case, persons with 12 21 disabilities. New public housing entities must be given HUD 12 22 approval to operate in a general sense, to assist persons 12 23 using income guidelines as the primary criteria. After 12 24 receiving HUD's approval to be a public housing authority in a 12 25 general sense, public housing entities can be selective in the 12 26 funds sought, such as HUD funds that are available on behalf 12 27 of designated groups of people (persons with AIDS, persons 12 28 with disabilities, the elderly, and similar groups). In this 12 29 way the division would be able to seek HUD funds that are 12 30 intended for persons with disabilities and the division would 12 31 not intend to operate on behalf of all persons who may be 12 32 eligible for HUD assistance. 12 33 Between December 1993 and February 1994 DHS discussed Code 12 34 language variations with HUD that still included "persons with 12 35 ... disabilities." HUD's response was that the approach still 13 1 appeared to be discriminatory and HUD recommended removing any 13 2 restrictive language. 13 3 No change to the current fiscal situation is anticipated 13 4 under the bill, because the situation will be no different 13 5 after the change than when the language was first added in 13 6 1992. No change to the current operational situation is 13 7 anticipated under the bill because operations will be no 13 8 different after the change than when the language was first 13 9 added in 1992. 13 10 Division III relates to institutional contracts where the 13 11 institution is selling goods or services. 13 12 When an institution contracts to provide services, all the 13 13 income from the contract may not be paid until after the end 13 14 of a fiscal year. Under current legislation, income received 13 15 after the end of the fiscal year is not available to pay the 13 16 associated contract costs during the fiscal year the costs 13 17 were incurred. To avoid the need to write negative charges or 13 18 pay such contract costs out of appropriated funds, the 13 19 institutions need the authority to have temporary funding 13 20 available to cover year-end contract costs. 13 21 As the size of the state institutions decreases, the state 13 22 is working with local communities to make the resources of the 13 23 institution available to the local community for economic 13 24 development. As a result, the institutions are leasing campus 13 25 space for alternative purposes. These leases provide an 13 26 opportunity for both local economic development and make the 13 27 institution campus more economically efficient for the state. 13 28 Some of the leases also include contracting with the 13 29 institution for staff and support services. Glenwood state 13 30 hospital-school is currently working with the local community 13 31 to lease space for a head injury program. In addition to 13 32 space, the proposal calls for Glenwood to sell the program 13 33 food, maintenance, and some professional services. The income 13 34 from the contract would be used to reimburse the "up front" 13 35 expenditures by Glenwood. At year's end, not all of the 14 1 income will be available and "temporary" funding will need to 14 2 be available so that the institution does not have to support 14 3 the contract out of its appropriation. DHS anticipates that 14 4 the institutions will be entering into more of these 14 5 arrangements in future years, so that an appropriate method 14 6 for handling the funding of contracts is needed. 14 7 This change will not increase costs. The change will allow 14 8 for more appropriate accounting of contract costs and 14 9 revenues. The change will also add an incentive to 14 10 institutions to increase the alternative uses of their 14 11 campuses which then would spread overhead costs over a larger 14 12 base. 14 13 Division IV relates to admission and discharge procedures 14 14 for the state hospital-schools (SHSs) contained in Iowa Code 14 15 chapter 222. 14 16 The procedures for admissions and discharges would be 14 17 changed to conform more with the same procedures found in 14 18 chapter 229 for persons with mental illness. The current 14 19 language basically assumes that persons with mental 14 20 retardation are not capable of making any decisions and 14 21 removes their rights to make decisions about their lives 14 22 without the appropriate due process protections. 14 23 Sections 222.13 and 222.13A &endash; Current law permits the 14 24 parent of an adult person with mental retardation to sign the 14 25 person into placement. By policy, the division of mental 14 26 health and developmental disabilities (MH/DD) has approved 14 27 voluntary admissions only if signed by the person to be 14 28 admitted or a guardian. Without either of those approvals, 14 29 DHS requires a court commitment. The law needs to be changed 14 30 to conform with the department's policy. The change would 14 31 clarify that a guardian has to seek the approval of the court 14 32 in order to place the person in a more restrictive setting. 14 33 In the case of a minor, language requiring court approval if 14 34 the minor objects is included. 14 35 Section 222.15 &endash; The procedures for discharge of a person 15 1 admitted voluntarily need to be updated to conform with the 15 2 proposed revisions to section 222.13. In the case of an 15 3 adult, a person who voluntarily requested admission could 15 4 leave or if signed in by a guardian, then the guardian could 15 5 remove the person. 15 6 Section 222.16A &endash; The provisions for involuntary admission 15 7 need to be revised to permit a hospitalization referee to act 15 8 on the application as is currently done in chapter 229 for 15 9 persons with mental illness. Currently only a district court 15 10 judge can act in a chapter 222 involuntary procedure. 15 11 Section 222.59 &endash; The provisions for placing a person out 15 12 of an SHS need to be updated. The current language places 15 13 most of the responsibility and authority with the 15 14 superintendent. The section should be changed to clearly give 15 15 the guardian the legal responsibility and to provide that 15 16 adult residents without a guardian can make a decision about 15 17 placement. 15 18 Chapter 222 is antiquated and does not reflect current 15 19 thinking on the rights of persons with mental retardation. 15 20 The whole chapter probably should be rewritten but these 15 21 proposals at least protect the basic rights of individuals to 15 22 due process when it comes to restricting their freedoms. In 15 23 the Conner case consent decree, the state agreed to look at 15 24 possible legislation that would strengthen the development of 15 25 community supports for the class members, and assure 15 26 protection of their basic constitutional rights is a step in 15 27 that direction. 15 28 No fiscal impact is anticipated because of these changes. 15 29 On voluntary admissions, the department is already by 15 30 policy trying to follow the proposed changes. Permitting the 15 31 hospitalization referee to act on involuntary applications 15 32 would speed up the process and save time of county and local 15 33 staff in trying to get an application in front of a district 15 34 court judge. No internal resources would be needed to 15 35 implement these changes. 16 1 LSB 1294DP 76 16 2 jp/sc/14.1
Text: HSB00181 Text: HSB00183 Text: HSB00100 - HSB00199 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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