House File 2523 H-8348 Amend the Senate amendment, H-8303, to House File 2523, as 1 passed by the House, as follows: 2 1. Page 1, after line 3 by inserting: 3 < Section 1. Section 229.2, subsection 1, Code 2026, is 4 amended to read as follows: 5 1. a. An application for admission to a public or private 6 hospital for observation, diagnosis, care, and treatment as a 7 voluntary patient may be made by any person who is mentally ill 8 or has symptoms of mental illness. 9 b. (1) In the case of a minor, the minor’s parent, legal 10 guardian, or legal custodian may make application for admission 11 of the minor as a voluntary patient. 12 (1) (2) Upon receipt of an application for voluntary 13 admission of a minor, the chief medical officer shall provide 14 separate prescreening interviews and consultations with the 15 parent, guardian, or custodian and the minor to assess the 16 family environment and the appropriateness of the application 17 for admission. 18 (2) During the interview and consultation the chief medical 19 officer shall inform the minor orally and in writing that the 20 minor has a right to object to the admission. If the chief 21 medical officer of the hospital to which application is made 22 determines that the admission is appropriate but the minor 23 objects to the admission, the parent, guardian, or custodian 24 must petition the juvenile court for approval of the admission 25 before the minor is actually admitted. 26 (3) As soon as is practicable after the filing of a 27 petition for juvenile court approval of the admission of the 28 minor, the juvenile court shall determine whether the minor 29 has an attorney to represent the minor in the hospitalization 30 proceeding, and if not, the court shall assign to the minor 31 an attorney. If the minor is financially unable to pay 32 for an attorney, the attorney shall be compensated by an 33 administrative services organization at an hourly rate to be 34 established by the administrative services organization in 35 -1- H 8303.3957 (1) 91 dg/ko 1/ 3 #1.
substantially the same manner as provided in section 815.7 . 1 (4) The juvenile court shall determine whether the 2 admission is in the best interest of the minor and is 3 consistent with the minor’s rights. 4 (5) The juvenile court shall order hospitalization of a 5 minor, over the minor’s objections, only after a hearing in 6 which it is shown by clear and convincing evidence that: 7 (a) The minor needs and will substantially benefit from 8 treatment. 9 (b) No other setting which involves less restriction of the 10 minor’s liberties is feasible for the purposes of treatment. 11 (6) Upon approval of the admission of a minor over the 12 minor’s objections, the juvenile court shall appoint an 13 individual to act as an advocate representing the interests of 14 the minor in the same manner as an advocate representing the 15 interests of patients involuntarily hospitalized pursuant to 16 section 229.19 . 17 Sec. ___. Section 229.6A, subsections 1 and 3, Code 2026, 18 are amended to read as follows: 19 1. Notwithstanding section 229.11 , the juvenile court has 20 exclusive original jurisdiction in proceedings concerning 21 a minor for whom an application is filed under section 22 229.6 or for whom an application for voluntary admission is 23 made under section 229.2, subsection 1 , to which the minor 24 objects . In proceedings under this chapter concerning a minor, 25 notwithstanding section 229.11 , the term “court” , “judge” , or 26 “clerk” means the juvenile court, judge, or clerk. 27 3. It is the intent of this chapter that when a minor is 28 involuntarily or voluntarily hospitalized , or hospitalized 29 with juvenile court approval over the minor’s objection the 30 minor’s family shall be included in counseling sessions offered 31 during the minor’s stay in a hospital when feasible. Prior 32 to the discharge of the minor , the juvenile court may, after 33 a hearing, order that the minor’s family be evaluated and 34 receive therapy ordered if the juvenile court finds therapy is 35 -2- H 8303.3957 (1) 91 dg/ko 2/ 3
necessary to facilitate the return of the minor to the family 1 setting. > 2 2. Page 1, line 6, by striking < or guardian > and inserting 3 < or guardian , legal guardian, or legal custodian > 4 3. Page 1, line 9, by striking < or guardian’s > and inserting 5 < or guardian’s , legal guardian’s, or legal custodian’s > 6 4. Page 1, line 13, by striking < or guardian > and inserting 7 < , legal guardian, or legal custodian > 8 5. Page 1, line 16, after < treatment, > by inserting 9 < inpatient treatment, > 10 6. Page 1, line 19, by striking < or guardian’s > and 11 inserting < , legal guardian’s, or legal custodian’s > 12 7. Page 1, line 21, by striking < from > and inserting < by > 13 8. By renumbering as necessary. 14 ______________________________ A. MEYER of Webster -3- H 8303.3957 (1) 91 dg/ko 3/ 3 #2. #3. #4. #5. #6. #7. #8.