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House Amendment 8072

Amendment Text

PAG LIN
  1  1    Amend House File 2249 as follows:
  1  2    #1.  Page 4, by inserting after line 6 the
  1  3 following:  
  1  4                       "DIVISION V
  1  5             MENTAL HEALTH PATIENT ADVOCATES
  1  6    Sec.    .  Section 229.19, unnumbered paragraph 1,
  1  7 Code Supplement 1999, is amended to read as follows:
  1  8    The district court in each county with a population
  1  9 of under three hundred thousand inhabitants and the
  1 10 board of supervisors in each county with a population
  1 11 of three hundred thousand or more inhabitants shall
  1 12 appoint an individual who has demonstrated by prior
  1 13 activities an informed concern for the welfare and
  1 14 rehabilitation of persons with mental illness, and who
  1 15 is not an officer or employee of the department of
  1 16 human services nor of any agency or facility providing
  1 17 care or treatment to persons with mental illness, to
  1 18 act as advocate representing the interests of patients
  1 19 involuntarily hospitalized by the court, in any matter
  1 20 relating to the patients' hospitalization or treatment
  1 21 under section 229.14 or 229.15.  The court or, if the
  1 22 advocate is appointed by the county board of
  1 23 supervisors, the board shall assign the advocate
  1 24 appointed from a patient's county of legal settlement
  1 25 to represent the interests of the patient.  If a
  1 26 patient has no county of legal settlement, the court
  1 27 or, if the advocate is appointed by the county board
  1 28 of supervisors, the board shall assign the advocate
  1 29 appointed from the county where the hospital or
  1 30 facility is located to represent the interests of the
  1 31 patient.  The advocate's responsibility with respect
  1 32 to any patient shall begin at whatever time the
  1 33 attorney employed or appointed to represent that
  1 34 patient as respondent in hospitalization proceedings,
  1 35 conducted under sections 229.6 to 229.13, reports to
  1 36 the court that the attorney's services are no longer
  1 37 required and requests the court's approval to withdraw
  1 38 as counsel for that patient.  However, if the patient
  1 39 is found to be seriously mentally impaired at the
  1 40 hospitalization hearing, the attorney representing the
  1 41 patient shall automatically be relieved of
  1 42 responsibility in the case and an advocate shall be
  1 43 assigned to the patient at the conclusion of the
  1 44 hearing unless the attorney indicates an intent to
  1 45 continue the attorney's services and the court so
  1 46 directs.  If the court directs the attorney to remain
  1 47 on the case the attorney shall assume all the duties
  1 48 of an advocate.  The clerk shall furnish the advocate
  1 49 with a copy of the court's order approving the
  1 50 withdrawal and shall inform the patient of the name of
  2  1 the patient's advocate.  With regard to each patient
  2  2 whose interests the advocate is required to represent
  2  3 pursuant to this section, the advocate's duties shall
  2  4 include all of the following:
  2  5    Sec.    .  Section 229.19, unnumbered paragraph 3,
  2  6 Code Supplement 1999, is amended to read as follows:
  2  7    The supreme court or, if the advocate is appointed
  2  8 by the county board of supervisors, the board shall
  2  9 prescribe reasonable compensation for the services of
  2 10 the advocate.  The compensation shall be based upon
  2 11 the reports filed by the advocate with the court.  The
  2 12 advocate's compensation and any employer obligation
  2 13 for contributions under chapter 97B shall be paid by
  2 14 the county in which the court is located, either on
  2 15 order of the court or, if the advocate is appointed by
  2 16 the county board of supervisors, on the direction of
  2 17 the board the judicial branch.  If the advocate is
  2 18 appointed by the court, the The advocate is an
  2 19 employee of the state for purposes of chapter 669.  If
  2 20 the advocate is appointed by the county board of
  2 21 supervisors, the advocate is an employee of the county
  2 22 for purposes of chapter 670.
  2 23    PARAGRAPH DIVIDED.  If the patient or the person
  2 24 who is legally liable for the patient's support is not
  2 25 indigent, the board court shall recover the costs of
  2 26 compensating the advocate from that person.  If that
  2 27 person has an income level as determined pursuant to
  2 28 section 815.9 greater than one hundred percent but not
  2 29 more than one hundred fifty percent of the poverty
  2 30 guidelines, at least one hundred dollars of the
  2 31 advocate's compensation shall be recovered in the
  2 32 manner prescribed by the county board of supervisors
  2 33 supreme court.  If that person has an income level as
  2 34 determined pursuant to section 815.9 greater than one
  2 35 hundred fifty percent of the poverty guidelines, at
  2 36 least two hundred dollars of the advocate's
  2 37 compensation shall be recovered in substantially the
  2 38 same manner as prescribed by the county board of
  2 39 supervisors as provided in section 815.7 supreme
  2 40 court.  For the purposes of this paragraph, "poverty
  2 41 guidelines" means the most recently revised poverty
  2 42 income guidelines published by the United States
  2 43 department of health and human services."
  2 44    #2.  By renumbering as necessary.  
  2 45 
  2 46 
  2 47                               
  2 48 CARROLL of Poweshiek
  2 49 HF 2249.701 78
  2 50 jp/cls
     

Text: H08071                            Text: H08073
Text: H08000 - H08099                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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