House Study Bill 38 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ANDERSON) 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 2019YC (1) 84 rh/nh

H.F. _____ 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 EXPLANATION 22 This bill eliminates the requirement that a juvenile court 23 order adjudicating a child to have committed a delinquent act 24 shall be set aside and the petition shall be dismissed if that 25 child is civilly committed for treatment as a child with mental 26 retardation or mental illness. 27 -1- LSB 2019YC (1) 84 rh/nh 1/ 1