House File 2222 - Introduced



                                       HOUSE FILE       
                                       BY  BAILEY


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the hospitalization of a minor who is mentally
  2    ill or who has symptoms of mental illness.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 6348HH 82
  5 rh/nh/5

PAG LIN



  1  1    Section 1.  Section 229.2, subsection 1, paragraph b, Code
  1  2 2007, is amended to read as follows:
  1  3    b.  During the interview and consultation the chief medical
  1  4 officer shall inform the minor orally and in writing that the
  1  5 minor has a right to object to the admission.  If the chief
  1  6 medical officer of the hospital to which application is made
  1  7 determines that the admission is appropriate but the minor
  1  8 objects to the admission may be inappropriate, the parent,
  1  9 guardian, or custodian must petition the juvenile court for
  1 10 approval of the admission before the minor is actually
  1 11 admitted.
  1 12    Sec. 2.  Section 229.2, subsection 1, paragraph e,
  1 13 unnumbered paragraph 1, Code 2007, is amended to read as
  1 14 follows:
  1 15    The juvenile court shall order hospitalization of a minor,
  1 16 over the minor's objections, only after a hearing in which it
  1 17 is shown by clear and convincing evidence that:
  1 18    Sec. 3.  Section 229.2, subsection 1, paragraph f, Code
  1 19 2007, is amended to read as follows:
  1 20    f.  Upon approval of the admission of a minor over the
  1 21 minor's objections, the juvenile court shall appoint an
  1 22 individual to act as an advocate representing the interests of
  1 23 the minor in the same manner as an advocate representing the
  1 24 interests of patients involuntarily hospitalized pursuant to
  1 25 section 229.19.
  1 26    Sec. 4.  Section 229.6A, subsections 1 and 3, Code 2007,
  1 27 are amended to read as follows:
  1 28    1.  Notwithstanding section 229.11, the juvenile court has
  1 29 exclusive original jurisdiction in proceedings concerning a
  1 30 minor for whom an application for involuntary admission is
  1 31 filed under section 229.6 or for whom an application for
  1 32 voluntary admission is made under section 229.2, subsection 1,
  1 33 to which the minor objects.  In proceedings under this chapter
  1 34 concerning a minor, notwithstanding section 229.11, the term
  1 35 "court", "judge", or "clerk" means the juvenile court, judge,
  2  1 or clerk.
  2  2    3.  It is the intent of this chapter that when a minor is
  2  3 involuntarily or voluntarily hospitalized or hospitalized with
  2  4 juvenile court approval over the minor's objection the minor's
  2  5 family shall be included in counseling sessions offered during
  2  6 the minor's stay in a hospital when feasible.  Prior to the
  2  7 discharge of the minor the juvenile court may, after a
  2  8 hearing, order that the minor's family be evaluated and
  2  9 therapy ordered if necessary to facilitate the return of the
  2 10 minor to the family setting.
  2 11                           EXPLANATION
  2 12    This bill relates to the hospitalization of a minor who is
  2 13 mentally ill or who has symptoms of mental illness.
  2 14    The bill eliminates the right of a minor who is the subject
  2 15 of a voluntary hospitalization admission to receive
  2 16 information about objecting to the admission and to object to
  2 17 the admission.  The bill also provides that if the chief
  2 18 medical officer of the hospital determines that the admission
  2 19 may be appropriate, the minor's parent, guardian, or custodian
  2 20 must petition the juvenile court for approval of the admission
  2 21 before the minor is actually admitted.
  2 22 LSB 6348HH 82
  2 23 rh/nh/5