SENATE FILE _____

BY  (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON FRAISE)

A BILL FOR

An Act relating to the disposition of a child with mental illness or mental retardation in juvenile court.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 232.51, Code 2011, is amended to read as follows:
   232.51  Disposition of child with mental illness or mental retardation.
   1.  If the evidence received at an adjudicatory or a dispositional hearing indicates that the child is mentally ill, the court may direct the juvenile court officer or the department to initiate proceedings or to assist the child’s parent or guardian to initiate civil commitment proceedings in the juvenile court. These and such proceedings in the juvenile court shall adhere to the requirements of chapter 229.
   2.  If the evidence received at an adjudicatory or a dispositional hearing indicates that the child is mentally retarded, the court may direct the juvenile court officer or the department to initiate proceedings or to assist the child’s parent or guardian to initiate civil commitment proceedings in the juvenile court. These and such proceedings shall adhere to the requirements of chapter 222. If the child is committed as a child with mental illness or mental retardation, any order adjudicating the child to have committed a delinquent act shall be set aside and the petition shall be dismissed.
EXPLANATION
   This bill eliminates the requirement that a juvenile court order adjudicating a child to have committed a delinquent act shall be set aside and the petition shall be dismissed if that child is civilly committed for treatment as a child with mental retardation or mental illness.