House
Amendment
to
Senate
Amendment
to
House
File
2523
S-5181
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,
10
guardian,
or
custodian
may
make
application
for
admission
of
11
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
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8303.3995.H
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#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
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8303.3995.H
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91
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3
necessary
to
facilitate
the
return
of
the
minor
to
the
family
1
setting.
>
2
2.
Page
1,
line
16,
after
<
treatment,
>
by
inserting
3
<
inpatient
treatment,
>
4
3.
Page
1,
line
21,
by
striking
<
from
>
and
inserting
<
by
>
5
4.
By
renumbering
as
necessary.
6
-3-
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91
md
3/
3
#2.
#3.