House Journal: Page 1581: Thursday, April 26, 2001
38 which the court issues a placement order or a transfer
39 of placement is authorized, the court shall provide
40 notice to the respondent and the respondent's attorney
41 or mental health advocate pursuant to section 229.19
42 concerning the placement order and the respondent's
43 right to request a placement hearing to determine if
44 the order for placement or transfer of placement is
45 appropriate.
46 2. The notice shall provide that a request for a
47 placement hearing must be in writing and filed with
48 the clerk within seven days of issuance of the
49 placement order.
50 3. A request for a placement hearing may be signed
Page 6
1 by the respondent, the respondent's next friend,
2 guardian, or attorney.
3 4. The court, on its own motion, may order a
4 placement hearing to be held.
5 5. a. A placement hearing shall be held no sooner
6 than four days and no later than seven days after the
7 request for the placement hearing is filed unless
8 otherwise agreed to by the parties.
9 b. The respondent may be transferred to the
10 placement designated by the court's placement order
11 and receive treatment unless a request for hearing is
12 filed prior to the transfer. If the request for a
13 placement hearing is filed prior to the transfer, the
14 court shall determine where the respondent shall be
15 detained and treated until the date of the hearing.
16 c. If the respondent's attorney has withdrawn
17 pursuant to section 229.19, the court shall appoint an
18 attorney for the respondent in the manner described in
19 section 229.8, subsection 1.
20 6. Time periods shall be calculated for the
21 purposes of this section excluding weekends and
22 official holidays.
23 7. If a respondent's expenses are payable in whole
24 or in part by a county through the single entry point
25 process, notice of a placement hearing shall be
26 provided to the county attorney and the county's
27 single entry point process administrator. At the
28 hearing, the county may present evidence regarding
29 appropriate placement.
30 8. In a placement hearing, the court shall
31 determine a placement for the respondent in accordance
32 with the requirements of section 229.23, taking into
33 consideration the evidence presented by all the
34 parties.
35 9. A placement made pursuant to an order entered
36 under section 229.13 or 229.14 or this section shall
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