Text: HF02353 Text: HF02355 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 229.11, unnumbered paragraph 1, Code
1 2 2003, is amended to read as follows:
1 3 If the applicant requests that the respondent be taken into
1 4 immediate custody and the judge, upon reviewing the
1 5 application and accompanying documentation, finds probable
1 6 cause to believe that the respondent has a serious mental
1 7 impairment and is likely to injure the respondent or other
1 8 persons if allowed to remain at liberty, the judge may enter a
1 9 written order directing that the respondent be taken into
1 10 immediate custody by the sheriff or the sheriff's deputy and
1 11 be detained until the hospitalization hearing. The
1 12 hospitalization hearing shall be held no more than five days
1 13 after the date of the order, except that if the fifth day
1 14 after the date of the order is a Saturday, Sunday, or a
1 15 holiday, the hearing may be held on the next succeeding
1 16 business day. If the expenses of a respondent are payable in
1 17 whole or in part by a county, for a placement in accordance
1 18 with subsection 1, the judge shall give notice of the
1 19 placement to the single entry point process, and for a
1 20 placement in accordance with subsection 2 or 3, the judge
1 21 shall order the placement in a hospital or facility designated
1 22 through the single entry point process. The single entry
1 23 point process administrator shall provide the court with a
1 24 placement recommendation identifying one or more appropriate
1 25 hospitals or facilities with an opening available for
1 26 placement of the respondent. The judge may order the
1 27 respondent detained for the period of time until the hearing
1 28 is held, and no longer, in accordance with subsection 1 if
1 29 possible, and if not then in accordance with subsection 2 or,
1 30 only if neither of these alternatives is available, in
1 31 accordance with subsection 3. Detention may be:
1 32 Sec. 2. Section 229.13, subsection 1, paragraph a, Code
1 33 2003, is amended to read as follows:
1 34 a. The court shall order a respondent whose expenses are
1 35 payable in whole or in part by a county placed under the care
2 1 of an appropriate hospital or facility designated through the
2 2 single entry point process on an inpatient or outpatient
2 3 basis. The single entry point process administrator shall
2 4 provide the court with a placement recommendation identifying
2 5 one or more appropriate hospitals or facilities with an
2 6 opening available for placement of the respondent.
2 7 Sec. 3. Section 229.14, subsection 2, paragraph a, Code
2 8 2003, is amended to read as follows:
2 9 a. For a respondent whose expenses are payable in whole or
2 10 in part by a county, placement as designated through the
2 11 single entry point process in the care of an appropriate
2 12 hospital or facility on an inpatient or outpatient basis, or
2 13 other appropriate treatment, or in an appropriate alternative
2 14 placement. The single entry point process administrator shall
2 15 provide the court with a placement recommendation identifying
2 16 one or more appropriate hospitals or facilities with an
2 17 opening available for placement of the respondent.
2 18 Sec. 4. Section 229.14A, subsection 7, Code 2003, is
2 19 amended to read as follows:
2 20 7. If a respondent's expenses are payable in whole or in
2 21 part by a county through the single entry point process,
2 22 notice of a placement hearing shall be provided to the county
2 23 attorney and the county's single entry point process
2 24 administrator. At the hearing, the county may present
2 25 evidence regarding appropriate placement. The single entry
2 26 point process administrator shall provide the court with a
2 27 placement recommendation identifying one or more appropriate
2 28 hospitals or facilities with an opening available for
2 29 placement of the respondent.
2 30 Sec. 5. IMPLEMENTATION OF ACT. Section 25B.2, subsection
2 31 3, shall not apply to this Act.
2 32 EXPLANATION
2 33 This bill requires the county single entry point process
2 34 administrator to provide the court with a placement
2 35 recommendation for persons subject to a court order for
3 1 involuntary hospitalization. The recommendation must identify
3 2 one or more appropriate hospitals or facilities with an
3 3 opening available for placement of the person.
3 4 Under current law in Code chapter 229, relating to
3 5 hospitalization of persons with mental illness, the single
3 6 entry point process used to manage county services and funding
3 7 provided on behalf of persons with mental illness, mental
3 8 retardation or developmental disabilities, or brain injury,
3 9 designates the placements for treatment ordered by the court.
3 10 The bill amends various Code chapter 229 placement provisions
3 11 involving the single entry point process by requiring the
3 12 process administrator to provide the court with a placement
3 13 recommendation for those cases in which the county is
3 14 involved.
3 15 The bill may include a state mandate as defined in Code
3 16 section 25B.3. The bill makes inapplicable Code section
3 17 25B.2, subsection 3, which would relieve a political
3 18 subdivision from complying with a state mandate if funding for
3 19 the cost of the state mandate is not provided or specified.
3 20 Therefore, political subdivisions are required to comply with
3 21 any state mandate included in the bill.
3 22 LSB 5533YH 80
3 23 jp/sh/8
Text: HF02353 Text: HF02355 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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