House File 2226
HOUSE FILE
BY STEVENS
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to hearings required for the physical or mental
2 examination or chemical dependency evaluation of a child
3 alleged to be delinquent or a child in need of assistance.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 6192HH 80
6 jp/sh/8
PAG LIN
1 1 Section 1. Section 232.47, subsection 2, Code 2003, is
1 2 amended to read as follows:
1 3 2. The court shall hear and adjudicate all cases involving
1 4 a petition alleging a child to have committed a delinquent
1 5 act. A hearing regarding the physical or mental examination
1 6 or chemical dependency evaluation of the child as provided in
1 7 section 232.49 may be held simultaneously with the
1 8 adjudicatory hearing.
1 9 Sec. 2. Section 232.49, subsection 1, Code 2003, is
1 10 amended to read as follows:
1 11 1. Following or concurrently with the entry of an order of
1 12 adjudication under section 232.47 the court may, after a
1 13 hearing which may be simultaneous with the adjudicatory
1 14 hearing, order a physical or mental examination or chemical
1 15 dependency evaluation of the child if it finds that an
1 16 examination is necessary to determine the child's physical or
1 17 mental condition. The court may consider chemical dependency
1 18 as either a physical or mental condition and may consider a
1 19 chemical dependency evaluation as either a physical or mental
1 20 examination.
1 21 Sec. 3. Section 232.96, subsection 1, Code 2003, is
1 22 amended to read as follows:
1 23 1. The court shall hear and adjudicate cases involving a
1 24 petition alleging a child to be a child in need of assistance.
1 25 A hearing regarding the physical or mental examination or
1 26 chemical dependency evaluation of the child as provided in
1 27 section 232.98 may be held simultaneously with the
1 28 adjudicatory hearing.
1 29 Sec. 4. Section 232.98, subsection 1, unnumbered
1 30 paragraphs 1 and 2, Code 2003, is amended to read as follows:
1 31 Except as provided in section 232.78, subsection 5, a
1 32 physical or mental examination or chemical dependency
1 33 evaluation of the child may be ordered only after the filing
1 34 of a petition pursuant to section 232.87 and after a hearing
1 35 to determine whether an examination or evaluation is necessary
2 1 to determine the child's physical or mental condition. The
2 2 hearing to determine whether the examination or evaluation is
2 3 necessary may be held simultaneously with the adjudicatory
2 4 hearing. The court may consider chemical dependency as either
2 5 a physical or mental condition and may consider a chemical
2 6 dependency evaluation as either a physical or mental
2 7 examination.
2 8 The hearing required by this section may be held
2 9 simultaneously with the adjudicatory hearing.
2 10 EXPLANATION
2 11 This bill relates to hearings required under Code chapter
2 12 232, the juvenile justice code, for the physical or mental
2 13 examination or chemical dependency evaluation of a child
2 14 alleged to be delinquent or a child in need of assistance.
2 15 Current law provides that a physical or mental examination
2 16 of a child may be ordered following a hearing which may be
2 17 held at the same time as the adjudicatory hearing. The bill
2 18 explicitly provides that the court may also order a chemical
2 19 dependency evaluation. In addition, the bill amends the
2 20 adjudicatory hearing provisions to include references to the
2 21 authority to hold the hearing regarding the examination or
2 22 evaluation at the same time as the adjudicatory hearing.
2 23 LSB 6192HH 80
2 24 jp/sh/8