House File 518 - Introduced HOUSE FILE 518 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 38) A BILL FOR An Act relating to the disposition of a child with mental 1 illness or mental retardation in juvenile court. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2019HV (2) 84 rh/nh

H.F. 518 Section 1. Section 232.51, Code 2011, is amended to read as 1 follows: 2 232.51 Disposition of child with mental illness or mental 3 retardation. 4 1. If the evidence received at an adjudicatory or a 5 dispositional hearing indicates that the child is mentally 6 ill, the court may direct the juvenile court officer or the 7 department to initiate proceedings or to assist the child’s 8 parent or guardian to initiate civil commitment proceedings in 9 the juvenile court . These and such proceedings in the juvenile 10 court shall adhere to the requirements of chapter 229 . 11 2. If the evidence received at an adjudicatory or a 12 dispositional hearing indicates that the child is mentally 13 retarded, the court may direct the juvenile court officer or 14 the department to initiate proceedings or to assist the child’s 15 parent or guardian to initiate civil commitment proceedings in 16 the juvenile court . These and such proceedings shall adhere to 17 the requirements of chapter 222 . If the child is committed as 18 a child with mental illness or mental retardation, any order 19 adjudicating the child to have committed a delinquent act shall 20 be set aside and the petition shall be dismissed. 21 3. a. If prior to the adjudicatory or dispositional hearing 22 on the pending delinquency petition, the child is committed 23 as a child with a mental illness or mental retardation and is 24 ordered into a residential facility, institution, or hospital 25 for inpatient treatment, the delinquency proceeding shall 26 be suspended until such time as the juvenile court either 27 terminates the civil commitment order or the child is released 28 from the residential facility, institution, or hospital for 29 purposes of receiving outpatient treatment. 30 b. During any time that the delinquency proceeding is 31 suspended pursuant to this subsection, any time limits for 32 speedy adjudicatory hearings and continuances shall be tolled. 33 c. This subsection shall not apply to waiver hearings held 34 pursuant to section 232.45. 35 -1- LSB 2019HV (2) 84 rh/nh 1/ 2

H.F. 518 EXPLANATION 1 This bill eliminates the requirement that a juvenile court 2 order adjudicating a child to have committed a delinquent 3 act be set aside and the petition dismissed if that child 4 is civilly committed for treatment as a child with mental 5 retardation or mental illness. The bill also provides that 6 if prior to the adjudicatory or dispositional hearing, 7 the child is committed as a child with a mental illness 8 or mental retardation and is ordered into a residential 9 facility, institution, or hospital for inpatient treatment, 10 the delinquency proceeding shall be suspended until the 11 termination of the civil commitment order or the child is 12 released for purposes of receiving outpatient treatment. If 13 delinquency proceedings are suspended, any time limits for 14 speedy adjudicatory hearings and continuances shall be tolled. 15 This provision does not apply to waiver hearings pursuant to 16 Code section 232.45. 17 -2- LSB 2019HV (2) 84 rh/nh 2/ 2