Senate File 100 





                                       SENATE FILE       
                                       BY  HOGG


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

                                      A BILL FOR

  1 An Act relating to the disposition of a child with mental illness
  2    or mental retardation in juvenile court.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1973SS 83
  5 rh/rj/14

PAG LIN



  1  1    Section 1.  Section 232.51, Code 2009, is amended to read
  1  2 as follows:
  1  3    232.51  DISPOSITION OF CHILD WITH MENTAL ILLNESS OR MENTAL
  1  4 RETARDATION.
  1  5    1.  If the evidence received at an adjudicatory or a
  1  6 dispositional hearing indicates that the child is mentally
  1  7 ill, the court may direct the juvenile court officer or the
  1  8 department to initiate proceedings or to assist the child's
  1  9 parent or guardian to initiate civil commitment proceedings in
  1 10 the juvenile court.  These and such proceedings in the
  1 11 juvenile court shall adhere to the requirements of chapter
  1 12 229.
  1 13    2.  If the evidence received at an adjudicatory or a
  1 14 dispositional hearing indicates that the child is mentally
  1 15 retarded, the court may direct the juvenile court officer or
  1 16 the department to initiate proceedings or to assist the
  1 17 child's parent or guardian to initiate civil commitment
  1 18 proceedings in the juvenile court.  These and such proceedings
  1 19 shall adhere to the requirements of chapter 222.  If the child
  1 20 is committed as a child with mental illness or mental
  1 21 retardation, any order adjudicating the child to have
  1 22 committed a delinquent act shall be set aside and the petition
  1 23 shall be dismissed.
  1 24                           EXPLANATION
  1 25    This bill eliminates the requirement that a juvenile court
  1 26 order adjudicating a child to have committed a delinquent act
  1 27 shall be set aside and the petition shall be dismissed if that
  1 28 child is civilly committed for treatment as a child with
  1 29 mental retardation or mental illness.
  1 30 LSB 1973SS 83
  1 31 rh/rj/14