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