House
File
2523
-
Enrolled
House
File
2523
AN
ACT
ESTABLISHING
THE
RIGHT
OF
A
PARENT
OR
GUARDIAN
OF
A
MINOR
CHILD
TO
CONSENT
TO
AND
AUTHORIZE
CERTAIN
MEDICAL
SERVICES
OVER
THE
MINOR
CHILD’S
OBJECTION.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
229.2,
subsection
1,
Code
2026,
is
amended
to
read
as
follows:
1.
a.
An
application
for
admission
to
a
public
or
private
hospital
for
observation,
diagnosis,
care,
and
treatment
as
a
voluntary
patient
may
be
made
by
any
person
who
is
mentally
ill
or
has
symptoms
of
mental
illness.
b.
(1)
In
the
case
of
a
minor,
the
minor’s
parent,
guardian,
or
custodian
may
make
application
for
admission
of
the
minor
as
a
voluntary
patient.
(1)
(2)
Upon
receipt
of
an
application
for
voluntary
admission
of
a
minor,
the
chief
medical
officer
shall
provide
separate
prescreening
interviews
and
consultations
with
the
parent,
guardian,
or
custodian
and
the
minor
to
assess
the
family
environment
and
the
appropriateness
of
the
application
for
admission.
(2)
During
the
interview
and
consultation
the
chief
medical
officer
shall
inform
the
minor
orally
and
in
writing
that
the
House
File
2523,
p.
2
minor
has
a
right
to
object
to
the
admission.
If
the
chief
medical
officer
of
the
hospital
to
which
application
is
made
determines
that
the
admission
is
appropriate
but
the
minor
objects
to
the
admission,
the
parent,
guardian,
or
custodian
must
petition
the
juvenile
court
for
approval
of
the
admission
before
the
minor
is
actually
admitted.
(3)
As
soon
as
is
practicable
after
the
filing
of
a
petition
for
juvenile
court
approval
of
the
admission
of
the
minor,
the
juvenile
court
shall
determine
whether
the
minor
has
an
attorney
to
represent
the
minor
in
the
hospitalization
proceeding,
and
if
not,
the
court
shall
assign
to
the
minor
an
attorney.
If
the
minor
is
financially
unable
to
pay
for
an
attorney,
the
attorney
shall
be
compensated
by
an
administrative
services
organization
at
an
hourly
rate
to
be
established
by
the
administrative
services
organization
in
substantially
the
same
manner
as
provided
in
section
815.7
.
(4)
The
juvenile
court
shall
determine
whether
the
admission
is
in
the
best
interest
of
the
minor
and
is
consistent
with
the
minor’s
rights.
(5)
The
juvenile
court
shall
order
hospitalization
of
a
minor,
over
the
minor’s
objections,
only
after
a
hearing
in
which
it
is
shown
by
clear
and
convincing
evidence
that:
(a)
The
minor
needs
and
will
substantially
benefit
from
treatment.
(b)
No
other
setting
which
involves
less
restriction
of
the
minor’s
liberties
is
feasible
for
the
purposes
of
treatment.
(6)
Upon
approval
of
the
admission
of
a
minor
over
the
minor’s
objections,
the
juvenile
court
shall
appoint
an
individual
to
act
as
an
advocate
representing
the
interests
of
the
minor
in
the
same
manner
as
an
advocate
representing
the
interests
of
patients
involuntarily
hospitalized
pursuant
to
section
229.19
.
Sec.
2.
Section
229.6A,
subsections
1
and
3,
Code
2026,
are
amended
to
read
as
follows:
1.
Notwithstanding
section
229.11
,
the
juvenile
court
has
exclusive
original
jurisdiction
in
proceedings
concerning
a
minor
for
whom
an
application
is
filed
under
section
229.6
or
for
whom
an
application
for
voluntary
admission
is
made
under
section
229.2,
subsection
1
,
to
which
the
minor
House
File
2523,
p.
3
objects
.
In
proceedings
under
this
chapter
concerning
a
minor,
notwithstanding
section
229.11
,
the
term
“court”
,
“judge”
,
or
“clerk”
means
the
juvenile
court,
judge,
or
clerk.
3.
It
is
the
intent
of
this
chapter
that
when
a
minor
is
involuntarily
or
voluntarily
hospitalized
,
or
hospitalized
with
juvenile
court
approval
over
the
minor’s
objection
the
minor’s
family
shall
be
included
in
counseling
sessions
offered
during
the
minor’s
stay
in
a
hospital
when
feasible.
Prior
to
the
discharge
of
the
minor
,
the
juvenile
court
may,
after
a
hearing,
order
that
the
minor’s
family
be
evaluated
and
receive
therapy
ordered
if
the
juvenile
court
finds
therapy
is
necessary
to
facilitate
the
return
of
the
minor
to
the
family
setting.
Sec.
3.
Section
601.1,
subsection
2,
Code
2026,
is
amended
to
read
as
follows:
2.
a.
Subject
to
section
147.164
,
a
parent
or
guardian
bears
the
ultimate
responsibility,
and
has
the
fundamental,
constitutionally
protected
right,
to
make
decisions
affecting
the
parent’s
or
guardian’s
minor
child,
including
decisions
related
to
the
minor
child’s
medical
care,
moral
upbringing,
religious
upbringing,
residence,
education,
and
extracurricular
activities.
b.
A
parent
or
guardian
of
a
minor
child
may
consent
to
and
authorize
the
minor
child’s
evaluation,
counseling,
therapy,
rehabilitation
service,
medication
management,
outpatient
treatment,
inpatient
treatment,
or
prescreening
interview
and
consultation
for
inpatient
treatment
for
a
substance
use
disorder
as
defined
in
section
125.2,
or
a
mental
health
condition.
A
parent’s
or
guardian’s
consent
and
authorization
under
this
paragraph
shall
be
effective
over
any
objection
to
the
consent
and
authorization
by
the
minor
child.
c.
This
subsection
shall
not
be
construed
to
require
a
mental
health
care
professional
as
defined
in
section
228.1,
or
a
facility
as
defined
in
section
125.2,
to
provide
treatment
to
a
minor
child
if
the
mental
health
professional
or
facility
determines
that
treatment
is
not
appropriate,
the
criteria
to
admit
the
minor
child
for
treatment
has
not
been
met,
or
the
mental
health
professional
or
facility
is
otherwise
unable
to
treat
the
minor
child.
House
File
2523,
p.
4
d.
Any
and
all
restrictions
of
this
right
the
rights
described
in
this
subsection
shall
be
subject
to
strict
scrutiny.
______________________________
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
2523,
Ninety-first
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2026
______________________________
KIM
REYNOLDS
Governor