House
File
471
-
Enrolled
House
File
471
AN
ACT
RELATING
TO
MENTAL
HEALTH
AND
DISABILITY
SERVICES
PROVIDED
BY
THE
STATE
AND
JUDICIAL
PROCEDURES
RELATING
TO
CHILD
IN
NEED
OF
ASSISTANCE
PROCEEDINGS,
ADOPTIONS,
AND
THE
CONFINEMENT
OF
PERSONS
FOUND
INCOMPETENT
TO
STAND
TRIAL.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
DIVISION
I
STATE
MENTAL
HEALTH
INSTITUTES
——
SPECIALIZATION
Section
1.
Section
226.1,
subsection
2,
paragraph
a,
subparagraph
(1),
Code
2023,
is
amended
to
read
as
follows:
(1)
Treatment,
training,
care,
habilitation,
and
support
of
persons
with
mental
illness
or
a
substance
abuse
problem
including:
House
File
471,
p.
2
(a)
Specialized
treatment
of
behaviorally
complex
youth
at
a
mental
health
institute
located
in
Independence.
(b)
Specialized
treatment
and
security
for
adults
ordered
by
the
court
into
the
custody
of
the
state
for
the
purposes
of
competency
restoration,
adults
who
have
been
acquitted
of
a
crime
by
reason
of
insanity,
and
similarly
situated
adults
at
a
mental
health
institute
in
Cherokee
.
DIVISION
II
CHILD
IN
NEED
OF
ASSISTANCE
——
SAFETY
PLANS
——
TEMPORARY
REMOVAL
Sec.
2.
Section
232.79B,
subsections
1,
2,
and
3,
Code
2023,
are
amended
to
read
as
follows:
1.
For
the
purposes
of
this
section
,
“safety
plan”
means
a
short-term,
time-limited
agreement
entered
into
between
the
department
and
a
child’s
parent
or
guardian
designed
to
address
signs
of
imminent
or
impending
danger
to
a
child
identified
by
the
department.
2.
Upon
the
department’s
determination
that
potential
harm
to
a
child
may
be
mitigated
by
the
development
of
a
safety
plan,
the
department
may
enter
into
a
safety
plan
with
the
child’s
parent
or
guardian
.
3.
A
safety
plan
shall
not
be
construed
as
a
removal
from
parental
or
guardian
custody
absent
a
court
order
placing
the
child
with
a
person
or
facility
other
than
the
parent
or
guardian
who
entered
into
the
safety
plan.
Sec.
3.
Section
232.95,
subsection
4,
Code
2023,
is
amended
to
read
as
follows:
4.
If
the
court
orders
the
child
removed
from
the
home
pursuant
to
subsection
2
,
paragraph
“a”
“b”
or
“c”
,
the
court
shall
hold
a
hearing
to
review
the
removal
order
within
six
months
unless
a
dispositional
hearing
pursuant
to
section
232.99
has
been
held.
Sec.
4.
Section
232.102,
subsection
10,
Code
2023,
is
amended
by
striking
the
subsection.
DIVISION
III
MENTAL
HEALTH
AND
DISABILITY
SERVICES
REGIONS
——
GOVERNANCE
——
CORE
SERVICES
——
REPORT
Sec.
5.
Section
331.390,
subsection
2,
Code
2023,
is
amended
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
House
File
471,
p.
3
following:
2.
The
governing
board
shall
comply
with
all
of
the
following
requirements:
a.
Each
member
of
the
governing
board
shall
have
one
vote.
b.
The
membership
of
the
governing
board
shall
not
include
employees
of
the
department
of
health
and
human
services
or
a
nonelected
employee
of
a
county.
c.
The
membership
of
the
governing
board
shall
consist
of
the
following:
(1)
Members
representing
the
boards
of
supervisors
of
counties
comprising
the
region.
Members
representing
the
boards
of
supervisors
for
a
region’s
counties
shall
not
exceed
forty-nine
percent
of
the
total
membership
of
the
governing
board.
(2)
One
member
who
is
an
adult
person
who
utilizes
mental
health
and
disability
services
or
is
an
actively
involved
relative
of
such
an
adult
person.
This
member
shall
be
designated
by
the
regional
advisory
committee
formed
by
the
governing
board
pursuant
to
paragraph
“d”
.
(3)
One
member
representing
adult
service
providers
in
the
region.
This
member
shall
be
designated
by
the
regional
advisory
committee
formed
by
the
governing
board
pursuant
to
paragraph
“d”
.
(4)
One
member
representing
children’s
behavioral
health
services
providers
in
the
region.
This
member
shall
be
designated
by
the
regional
children’s
advisory
committee
formed
by
the
governing
board
pursuant
to
paragraph
“e”
.
(5)
One
member
representing
the
education
system
in
the
region.
This
member
shall
be
designated
by
the
regional
children’s
advisory
committee
formed
by
the
governing
board
pursuant
to
paragraph
“e”
.
(6)
One
member
who
is
a
parent
of
a
child
who
utilizes
children’s
behavioral
health
services
or
who
is
an
actively
involved
relative
of
such
a
child.
This
member
shall
be
designated
by
the
regional
children’s
advisory
committee
formed
by
the
governing
board
pursuant
to
paragraph
“e”
.
(7)
One
member
representing
law
enforcement
in
the
region.
(8)
One
member
representing
the
judicial
system
in
the
region.
House
File
471,
p.
4
d.
The
governing
board
shall
have
a
regional
advisory
committee
consisting
of
adults
who
utilize
services
or
actively
involved
relatives
of
such
adults,
service
providers,
and
regional
governing
board
members.
e.
The
governing
board
shall
have
a
regional
children’s
advisory
committee
consisting
of
parents
of
children
who
utilize
services
or
actively
involved
relatives
of
such
children,
a
member
of
the
education
system,
an
early
childhood
advocate,
a
child
welfare
advocate,
a
children’s
behavioral
health
service
provider,
a
member
of
the
juvenile
court,
a
pediatrician,
a
child
care
provider,
a
local
law
enforcement
representative,
and
regional
governing
board
members.
Sec.
6.
Section
331.397,
subsection
4,
Code
2023,
is
amended
by
adding
the
following
new
paragraph:
NEW
PARAGRAPH
.
g.
Outpatient
competency
restoration.
Sec.
7.
Section
331.397A,
subsection
4,
Code
2023,
is
amended
by
adding
the
following
new
paragraph:
NEW
PARAGRAPH
.
c.
Outpatient
competency
restoration.
Sec.
8.
Section
331.400,
Code
2023,
is
amended
to
read
as
follows:
331.400
Quarterly
Annual
reports.
Beginning
with
the
fiscal
year
beginning
July
1,
2022
2023
,
the
department
shall
deliver
on
a
quarterly
an
annual
basis
a
report
to
the
general
assembly
that
provides
a
summary
of
the
status
of
implementing
core
services
in
each
region,
the
accessibility
of
core
services
in
each
region,
how
each
region
is
using
the
funding
provided
under
section
225C.7A
,
and
recommendations
for
improvements
to
the
mental
health
and
disability
services
system
in
order
to
attain
the
outcome
improvement
goals
set
by
the
department
consistent
with
the
goals
specified
in
the
performance-based
contracts
under
section
225C.7A,
subsection
2
,
paragraph
“c”
,
subparagraph
(5).
DIVISION
IV
ADOPTION
NOTICES
——
HEARINGS
Sec.
9.
Section
600.11,
subsection
2,
paragraph
a,
subparagraph
(7),
Code
2023,
is
amended
by
striking
the
subparagraph.
Sec.
10.
Section
600.11,
subsection
2,
Code
2023,
is
amended
by
adding
the
following
new
paragraph:
House
File
471,
p.
5
NEW
PARAGRAPH
.
0b.
(1)
At
least
twenty
days
prior
to
the
adoption
hearing,
a
copy
of
the
order
setting
the
adoption
hearing
shall
be
provided
to
siblings
of
the
person
to
be
adopted
when
either
of
the
following
applies:
(a)
The
sibling
and
the
person
to
be
adopted
have
an
existing
relationship.
(b)
There
is
a
court
finding
that
ongoing
contact
with
the
person
to
be
adopted
is
in
the
best
interest
of
each
sibling
and
the
person
to
be
adopted
was
a
minor
child
when
the
parents
of
the
person
to
be
adopted
had
their
parental
rights
terminated
subsequent
to
the
person
to
be
adopted
having
been
adjudicated
a
child
in
need
of
assistance.
(2)
Notwithstanding
subsection
3,
a
copy
of
the
order
setting
the
adoption
hearing
may
be
provided
to
a
sibling
via
ordinary
mail
if
the
sibling’s
address
is
known.
A
copy
of
an
order
setting
an
adoption
hearing
sent
to
a
sibling
under
ten
years
of
age
shall
be
addressed
to
the
sibling’s
custodian
or
guardian.
(3)
This
paragraph
does
not
require
a
copy
of
the
order
setting
the
adoption
hearing
to
be
provided
to
any
of
the
following:
(a)
A
person
whose
parental
rights
have
been
terminated
with
regard
to
the
person
to
be
adopted.
(b)
Siblings
who
are
placed
with
the
sibling
to
be
adopted
at
the
time
the
court
issued
the
order
setting
the
adoption
hearing.
(c)
A
previously
adopted
sibling,
unless
the
siblings
were
the
subjects
of
child
in
need
of
assistance
or
termination
of
parental
rights
proceedings
that
occurred
at
the
same
time.
DIVISION
V
CONFINEMENT
OF
PERSONS
FOUND
INCOMPETENT
TO
STAND
TRIAL
Sec.
11.
Section
812.6,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
If
the
court
finds
the
defendant
does
not
pose
a
danger
to
the
public
peace
and
safety,
is
otherwise
qualified
for
pretrial
release,
and
is
willing
to
cooperate
with
treatment,
the
court
shall
order,
as
a
condition
of
pretrial
release,
that
the
defendant
obtain
mental
health
treatment
designed
to
restore
the
defendant
to
competency.
The
costs
of
treatment
House
File
471,
p.
6
pursuant
to
this
subsection
shall
be
paid
by
the
mental
health
and
disability
services
region
for
the
county
of
the
defendant’s
residency
pursuant
to
chapter
225C
regardless
of
whether
the
defendant
meets
financial
eligibility
requirements
under
section
225C.62
or
225C.66.
Sec.
12.
Section
812.7,
Code
2023,
is
amended
to
read
as
follows:
812.7
Mental
status
reports.
The
psychiatrist
or
licensed
doctorate-level
psychologist
providing
evaluating
the
progress
of
the
outpatient
competency
restoration
treatment
to
of
the
defendant,
or
the
director
of
the
facility
where
the
defendant
is
being
held
and
treated
pursuant
to
a
court
order,
shall
provide
a
written
status
report
to
the
court
regarding
the
defendant’s
mental
disorder
within
,
methods
used
to
restore
competency
to
the
defendant,
the
defendant’s
current
abilities
related
to
competency,
and
whether
it
appears
the
defendant’s
competency
can
be
restored
within
a
reasonable
amount
of
time.
The
psychiatrist,
psychologist,
or
director
shall
submit
an
initial
report
to
the
court
no
later
than
thirty
days
of
after
the
defendant’s
placement
pursuant
to
section
812.6
.
The
report
shall
also
state
whether
it
appears
that
the
defendant
can
be
restored
to
competency
in
a
reasonable
amount
of
time.
Progress
reports
shall
be
provided
to
the
court
,
and
subsequent
reports
every
sixty
days
or
less
thereafter
after
the
submission
of
the
initial
report
until
the
defendant’s
competency
is
restored
or
the
placement
of
the
defendant
is
terminated.
Sec.
13.
Section
812.8,
subsections
1
and
3,
Code
2023,
are
amended
to
read
as
follows:
1.
At
any
time,
upon
a
finding
by
a
psychiatrist
or
licensed
doctorate-level
psychologist
that
there
is
a
substantial
probability
that
the
defendant
has
acquired
the
ability
to
appreciate
the
charge,
understand
the
proceedings,
and
effectively
assist
in
the
defendant’s
defense,
the
psychiatrist
or
licensed
doctorate-level
psychologist
providing
evaluating
the
progress
of
the
defendant’s
outpatient
treatment
to
the
defendant
or
the
director
of
the
inpatient
facility
shall
immediately
notify
the
court.
After
receiving
notice
the
court
shall
proceed
as
provided
in
subsection
4
.
House
File
471,
p.
7
3.
At
any
time
upon
a
finding
by
a
treating
an
evaluating
psychiatrist
or
licensed
doctorate-level
psychologist
that
there
is
no
substantial
probability
that
the
defendant
will
be
restored
to
competency
in
a
reasonable
amount
of
time,
the
psychiatrist
or
licensed
doctorate-level
psychologist
providing
evaluating
the
defendant’s
outpatient
treatment
to
the
defendant
or
the
director
of
the
inpatient
facility
shall
immediately
notify
the
court.
Upon
receiving
notification,
the
court
shall
proceed
as
provided
under
subsection
4
.
DIVISION
VI
CONFORMING
CODE
CHANGES
Sec.
14.
Section
256.25,
subsections
2
and
3,
Code
2023,
are
amended
to
read
as
follows:
2.
A
school
district,
which
may
collaborate
and
partner
with
one
or
more
school
districts,
area
education
agencies,
accredited
nonpublic
schools,
nonprofit
agencies,
and
institutions
that
provide
children’s
mental
health
services,
located
in
mental
health
and
disability
services
regions
providing
children’s
behavioral
health
services
in
accordance
with
chapter
331
225C
,
subchapter
III
VII
,
part
6,
may
apply
for
a
grant
under
this
program
to
establish
a
therapeutic
classroom
in
the
school
district
in
accordance
with
this
section
.
3.
The
department
shall
develop
a
grant
application
and
selection
and
evaluation
criteria.
Selection
criteria
shall
include
a
method
for
prioritizing
grant
applications
submitted
by
school
districts.
First
priority
shall
be
given
to
applications
submitted
by
school
districts
that
submitted
an
application
pursuant
to
this
section
for
the
previous
fiscal
year.
Second
priority
shall
be
given
to
applications
submitted
by
school
districts
that,
pursuant
to
subsection
2
,
are
collaborating
and
partnering
with
one
or
more
school
districts,
area
education
agencies,
accredited
nonpublic
schools,
nonprofit
agencies,
or
institutions
that
provide
mental
health
services
for
children.
Third
priority
shall
be
given
to
applications
submitted
by
school
districts
located
in
mental
health
and
disability
services
regions
providing
behavioral
health
services
for
children
in
accordance
with
chapter
331
225C
,
subchapter
III,
part
6
VII
.
Grant
awards
shall
be
House
File
471,
p.
8
distributed
as
equitably
as
possible
among
small,
medium,
and
large
school
districts.
For
purposes
of
this
subsection
,
a
small
school
district
is
a
district
with
an
actual
enrollment
of
fewer
than
six
hundred
pupils;
a
medium
school
district
is
a
district
with
an
actual
enrollment
that
is
at
least
six
hundred
pupils,
but
less
than
two
thousand
five
hundred
pupils;
and
a
large
school
district
is
a
district
with
an
actual
enrollment
of
two
thousand
five
hundred
or
more
pupils.
DIVISION
VII
CODE
EDITOR
DIRECTIVE
——
MENTAL
HEALTH
AND
DISABILITY
SERVICES
CODE
TRANSFERS
Sec.
15.
CODE
EDITOR
DIRECTIVE.
1.
The
Code
editor
is
directed
to
make
the
following
transfers:
a.
Section
331.388
to
section
225C.55.
b.
Section
331.389
to
section
225C.56.
c.
Section
331.390,
as
amended
in
this
Act,
to
section
225C.57.
d.
Section
331.391,
as
amended
in
this
Act,
to
section
225C.58.
e.
Section
331.392
to
section
225C.59.
f.
Section
331.393
to
section
225C.60.
g.
Section
331.394
to
section
225C.61.
h.
Section
331.395
to
section
225C.62.
i.
Section
331.396
to
section
225C.63.
j.
Section
331.396A
to
section
225C.64.
k.
Section
331.397,
as
amended
in
this
Act,
to
section
225C.65.
l.
Section
331.397A,
as
amended
in
this
Act,
to
section
225C.66.
m.
Section
331.398
to
section
225C.67.
n.
Section
331.399
to
section
225C.68.
o.
Section
331.400,
as
amended
in
this
Act,
to
section
225C.69.
2.
The
Code
editor
shall
correct
internal
references
in
the
Code
and
in
any
enacted
legislation
as
necessary
due
to
the
enactment
of
this
section.
3.
The
Code
editor
may
add
a
new
subchapter
to
chapter
225C
preceding
section
225C.55
entitled
“MENTAL
HEALTH
AND
House
File
471,
p.
9
DISABILITY
SERVICES
——
REGIONAL
SERVICE
SYSTEM
——
CHILDREN’S
BEHAVIORAL
HEALTH
SYSTEM”.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
AMY
SINCLAIR
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
471,
Ninetieth
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2023
______________________________
KIM
REYNOLDS
Governor