Text: HF02225 Text: HF02227 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 232.47, subsection 2, Code 2003, is 1 2 amended to read as follows: 1 3 2. The court shall hear and adjudicate all cases involving 1 4 a petition alleging a child to have committed a delinquent 1 5 act. A hearing regarding the physical or mental examination 1 6 or chemical dependency evaluation of the child as provided in 1 7 section 232.49 may be held simultaneously with the 1 8 adjudicatory hearing. 1 9 Sec. 2. Section 232.49, subsection 1, Code 2003, is 1 10 amended to read as follows: 1 11 1. Following or concurrently with the entry of an order of 1 12 adjudication under section 232.47 the court may, after a 1 13 hearing which may be simultaneous with the adjudicatory 1 14 hearing, order a physical or mental examination or chemical 1 15 dependency evaluation of the child if it finds that an 1 16 examination is necessary to determine the child's physical or 1 17 mental condition. The court may consider chemical dependency 1 18 as either a physical or mental condition and may consider a 1 19 chemical dependency evaluation as either a physical or mental 1 20 examination. 1 21 Sec. 3. Section 232.96, subsection 1, Code 2003, is 1 22 amended to read as follows: 1 23 1. The court shall hear and adjudicate cases involving a 1 24 petition alleging a child to be a child in need of assistance. 1 25 A hearing regarding the physical or mental examination or 1 26 chemical dependency evaluation of the child as provided in 1 27 section 232.98 may be held simultaneously with the 1 28 adjudicatory hearing. 1 29 Sec. 4. Section 232.98, subsection 1, unnumbered 1 30 paragraphs 1 and 2, Code 2003, is amended to read as follows: 1 31 Except as provided in section 232.78, subsection 5, a 1 32 physical or mental examination or chemical dependency 1 33 evaluation of the child may be ordered only after the filing 1 34 of a petition pursuant to section 232.87 and after a hearing 1 35 to determine whether an examination or evaluation is necessary 2 1 to determine the child's physical or mental condition. The 2 2 hearing to determine whether the examination or evaluation is 2 3 necessary may be held simultaneously with the adjudicatory 2 4 hearing. The court may consider chemical dependency as either 2 5 a physical or mental condition and may consider a chemical 2 6 dependency evaluation as either a physical or mental 2 7 examination. 2 8The hearing required by this section may be held2 9simultaneously with the adjudicatory hearing.2 10 EXPLANATION 2 11 This bill relates to hearings required under Code chapter 2 12 232, the juvenile justice code, for the physical or mental 2 13 examination or chemical dependency evaluation of a child 2 14 alleged to be delinquent or a child in need of assistance. 2 15 Current law provides that a physical or mental examination 2 16 of a child may be ordered following a hearing which may be 2 17 held at the same time as the adjudicatory hearing. The bill 2 18 explicitly provides that the court may also order a chemical 2 19 dependency evaluation. In addition, the bill amends the 2 20 adjudicatory hearing provisions to include references to the 2 21 authority to hold the hearing regarding the examination or 2 22 evaluation at the same time as the adjudicatory hearing. 2 23 LSB 6192HH 80 2 24 jp/sh/8
Text: HF02225 Text: HF02227 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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