Senate File 406 - Introduced SENATE FILE 406 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 1192) A BILL FOR An Act relating to involuntary commitments for persons 1 with substance-related disorders, mental illness, and 2 intellectual disabilities, and providing for the creation 3 of an office of mental health advocate in the department of 4 human rights and including effective date provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 1064SV (3) 85 jp/rj

S.F. 406 DIVISION I 1 DEPARTMENTAL RESPONSIBILITY FOR MENTAL HEALTH ADVOCATES 2 Section 1. NEW SECTION . 216A.171 Definitions. 3 As used in this subchapter, unless the context otherwise 4 requires: 5 1. “Administrator” means the administrator of the office of 6 mental health advocate of the department of human rights. 7 2. “Office” means the office of mental health advocate of 8 the department of human rights. 9 Sec. 2. NEW SECTION . 216A.172 Duties of administrator. 10 The administrator shall administer the office’s conduct 11 of the mental health advocate program as provided by section 12 229.19 and other applicable law. The administrator’s duties 13 may include but are not limited to all of the following: 14 1. Appointing persons to serve as mental health advocates 15 and other office staff and identifying qualifications for 16 persons serving as a mental health advocate. The minimum 17 qualifications for a mental health advocate whose initial 18 appointment commences on or after July 1, 2013, shall be a 19 bachelor’s degree from an accredited school, college, or 20 university in social work, counseling, human services, health, 21 or nursing and one year of experience in the provision of 22 mental health services. A person who is a licensed registered 23 nurse pursuant to chapter 152 who is current with applicable 24 continuing education requirements shall be deemed to have met 25 the minimum experience requirement. 26 2. Training and supervising office staff. 27 3. Implementing procedures for appointing, dismissing, and 28 supervising advocates. 29 4. Administering program additions and expansions, 30 including providing advocate services for persons with a 31 substance-related disorder and persons found not guilty 32 by reason of insanity, if such additions or expansions are 33 authorized and funded. 34 5. Developing and implementing a case weight system for use 35 -1- LSB 1064SV (3) 85 jp/rj 1/ 29

S.F. 406 in appointing and compensating advocates. 1 6. Administering case reviews and audits. 2 Sec. 3. TRANSITION. 3 1. The department of human rights shall commence 4 organizational activities during the fiscal year beginning July 5 1, 2013, as necessary to fully implement this division and 6 assume responsibility for mental health advocates as provided 7 in this division and division II of this Act on July 1, 2014. 8 2. If necessary for the purposes of subsection 1, the 9 department of human rights may adopt emergency rules under 10 section 17A.4, subsection 3, and section 17A.5, subsection 2, 11 paragraph “b”, to implement the provisions of division II of 12 this Act on July 1, 2014, and the rules shall be effective 13 immediately upon filing unless a later date is specified in the 14 rules. Any rules adopted in accordance with this section shall 15 also be published as a notice of intended action as provided 16 in section 17A.4. 17 DIVISION II 18 IMPLEMENTATION —— MENTAL HEALTH ADVOCATES 19 Sec. 4. Section 225C.4, subsection 1, paragraph m, Code 20 2013, is amended to read as follows: 21 m. Provide consultation and technical assistance to 22 patients’ mental health advocates appointed pursuant to 23 section 229.19 , in cooperation with the judicial branch and 24 the department of human rights, and to the resident advocate 25 committees appointed for health care facilities pursuant to 26 section 135C.25 . 27 Sec. 5. Section 226.31, Code 2013, is amended to read as 28 follows: 29 226.31 Examination by court —— notice. 30 Before granting the order authorized in section 226.30 31 the court or judge shall investigate the allegations of the 32 petition and before proceeding to a hearing on the allegations 33 shall require notice to be served on the attorney who 34 represented the patient in any prior proceedings under sections 35 -2- LSB 1064SV (3) 85 jp/rj 2/ 29

S.F. 406 229.6 to 229.15 or the and to any mental health advocate 1 appointed for the patient under section 229.19 , or in the case 2 of a patient who entered the hospital voluntarily, on any 3 relative, friend, or guardian of the person in question of the 4 filing of the application. At the hearing the court or judge 5 shall appoint a guardian ad litem for the person, if the court 6 or judge deems such action necessary to protect the rights 7 of the person. The guardian ad litem shall be a practicing 8 attorney. 9 Sec. 6. Section 229.2, subsection 1, paragraph b, 10 subparagraph (6), Code 2013, is amended to read as follows: 11 (6) Upon approval of the admission of a minor over the 12 minor’s objections, the juvenile court shall notify the office 13 of mental health advocate of the department of human rights and 14 the office shall appoint an individual to act as an the mental 15 health advocate representing the interests of for the minor in 16 the same manner as an advocate representing the interests of 17 patients involuntarily hospitalized pursuant to in accordance 18 with section 229.19 . 19 Sec. 7. Section 229.9A, Code 2013, is amended to read as 20 follows: 21 229.9A Advocate Mental health advocate informed —— hearings . 22 The court shall direct the clerk to furnish the office of 23 the mental health advocate of the respondent’s county of legal 24 settlement designated for the court by the department of human 25 rights with a copy of application and any order issued pursuant 26 to section 229.8, subsection 3 . The mental health advocate 27 designated for the court may attend the hospitalization any 28 court hearing of any involving the respondent for whom the 29 advocate has received notice of a hospitalization hearing . 30 Sec. 8. Section 229.12, subsection 2, Code 2013, is amended 31 to read as follows: 32 2. All persons not necessary for the conduct of the 33 proceeding shall be excluded, except that the court may admit 34 persons having a legitimate interest in the proceeding and 35 -3- LSB 1064SV (3) 85 jp/rj 3/ 29

S.F. 406 shall permit the mental health advocate from the respondent’s 1 county of legal settlement designated for the court by the 2 department of human rights to attend the hearing. Upon motion 3 of the county attorney, the judge may exclude the respondent 4 from the hearing during the testimony of any particular witness 5 if the judge determines that witness’s testimony is likely to 6 cause the respondent severe emotional trauma. 7 Sec. 9. Section 229.14A, subsection 1, Code 2013, is amended 8 to read as follows: 9 1. With respect to a chief medical officer’s report made 10 pursuant to section 229.14, subsection 1 , paragraph “b” , “c” , 11 or “d” , or any other provision of this chapter related to 12 involuntary commitment for which the court issues a placement 13 order or a transfer of placement is authorized, the court shall 14 provide notice to the respondent , and the respondent’s attorney 15 or , and any mental health advocate appointed for the respondent 16 pursuant to section 229.19 concerning the placement order 17 and the respondent’s right to request a placement hearing to 18 determine if the order for placement or transfer of placement 19 is appropriate. 20 Sec. 10. Section 229.14A, subsection 5, paragraph c, Code 21 2013, is amended to read as follows: 22 c. If the respondent’s attorney has withdrawn pursuant to 23 section 229.19 , the court shall appoint an attorney for the 24 respondent in the manner described in section 229.8, subsection 25 1 . 26 Sec. 11. Section 229.15, subsection 6, Code 2013, is amended 27 to read as follows: 28 6. Upon receipt of any report required or authorized by 29 this section the court shall furnish a copy to the patient’s 30 attorney , or alternatively and to the mental health advocate 31 appointed as required by section 229.19 for the patient . The 32 court shall examine the report and take the action thereon 33 which it deems appropriate. Should the court fail to receive 34 any report required by this section or section 229.14 at the 35 -4- LSB 1064SV (3) 85 jp/rj 4/ 29

S.F. 406 time the report is due, the court shall investigate the reason 1 for the failure to report and take whatever action may be 2 necessary in the matter. 3 Sec. 12. Section 229.19, Code 2013, is amended to read as 4 follows: 5 229.19 Advocates Mental health advocates —— duties —— 6 compensation —— state and county liability . 7 1. a. In each county with a population of three hundred 8 thousand or more inhabitants the board of supervisors shall 9 appoint an individual who has demonstrated by prior activities 10 an informed concern for the welfare and rehabilitation of 11 persons with mental illness, and who is not an officer or 12 employee of the department of human services nor of any agency 13 or facility providing care or treatment to persons with mental 14 illness, to act as an advocate representing the interests of 15 patients involuntarily hospitalized by the court, in any matter 16 relating to the patients’ hospitalization or treatment under 17 section 229.14 or 229.15 . In each county with a population of 18 under three hundred thousand inhabitants, the chief judge of 19 the judicial district encompassing the county shall appoint the 20 advocate. For the purposes of this section, “office” means the 21 office of mental health advocate of the department of human 22 rights. 23 b. The court or, if the advocate is appointed by the county 24 board of supervisors, the board shall assign the advocate 25 appointed from a patient’s county of legal settlement to 26 represent the interests of the patient. If a patient has 27 no county of legal settlement, the court or, if the advocate 28 is appointed by the county board of supervisors, the board 29 shall assign the advocate appointed from the county where the 30 hospital or facility is located to represent the interests of 31 the patient. 32 c. The advocate’s responsibility with respect to any patient 33 shall begin at whatever time the attorney employed or appointed 34 to represent that patient as respondent in hospitalization 35 -5- LSB 1064SV (3) 85 jp/rj 5/ 29

S.F. 406 proceedings, conducted under sections 229.6 to 229.13 , reports 1 to the court that the attorney’s services are no longer 2 required and requests the court’s approval to withdraw as 3 counsel for that patient. However, if 4 b. If the patient is found to be seriously mentally impaired 5 at the hospitalization hearing, the attorney representing the 6 patient shall automatically be relieved of responsibility in 7 the case and an a mental health advocate shall be assigned to 8 appointed for the patient at the conclusion of the hearing 9 unless the attorney indicates an intent to continue the 10 attorney’s services and . The court shall notify the office of 11 the court’s finding and the office shall appoint an advocate 12 for the patient. The advocate’s responsibility with respect 13 to a patient shall begin when the advocate is appointed for 14 the patient. The attorney representing the patient shall 15 automatically be relieved of responsibility at the conclusion 16 of the hearing unless the attorney requests to continue 17 representation and the court so directs authorizes the attorney 18 to remain on the case . If the court directs the attorney to 19 remain on the case, the attorney shall assume all the duties 20 of an advocate cooperate with the advocate appointed for the 21 patient . The clerk shall furnish the advocate with a copy of 22 the court’s order approving the withdrawal or continuation of 23 the attorney and shall inform the patient of the name of the 24 patient’s advocate. 25 d. c. With regard to each patient whose interests the 26 for whom a mental health advocate is required to represent 27 appointed pursuant to this section , the advocate’s duties shall 28 include all of the following: 29 (1) To review each report submitted pursuant to sections 30 229.14 and 229.15 . 31 (2) If the advocate is not an attorney, to To advise the 32 court at any time it appears that the services of an attorney 33 are required to properly safeguard the patient’s interests. 34 (3) To be readily accessible to communications from the 35 -6- LSB 1064SV (3) 85 jp/rj 6/ 29

S.F. 406 patient and to originate communications with the patient within 1 five days of the patient’s commitment. 2 (4) To visit the patient within fifteen days of the 3 patient’s commitment and periodically thereafter. 4 (5) To communicate with medical personnel treating the 5 patient and to review the patient’s medical records pursuant 6 to section 229.25 . 7 (6) To file with the court and the office quarterly reports, 8 and additional reports as the advocate feels necessary or as 9 required by the court office , in a form prescribed by the court 10 office . The reports shall state what actions the advocate 11 has taken with respect to each patient and the amount of time 12 spent. 13 (7) To utilize the related best practices for the duties 14 identified in this paragraph “d” “c” developed and promulgated 15 by the judicial council. 16 e. d. An Subject to the availability of funding 17 appropriated for this purpose, a mental health advocate may 18 also be appointed pursuant to this section for an individual 19 who has been diagnosed with a co-occurring mental illness and 20 substance-related substance-related disorder. 21 2. The hospital or facility to which a patient is committed 22 shall grant all reasonable requests of the patient’s mental 23 health advocate to visit the patient, to communicate with 24 medical personnel treating the patient, and to review the 25 patient’s medical records pursuant to section 229.25 . An 26 advocate shall not disseminate information from a patient’s 27 medical records to any other person unless done for official 28 purposes in connection with the advocate’s duties pursuant to 29 this chapter or when required by law. 30 3. The court or, if the advocate is appointed by the county 31 board of supervisors, the board office shall prescribe provide 32 reasonable compensation for the services of the advocate in 33 accordance with section 216A.172 . The compensation shall be 34 based upon the reports filed by the advocate with the court. 35 -7- LSB 1064SV (3) 85 jp/rj 7/ 29

S.F. 406 The advocate’s compensation shall be paid by the county in 1 which the court is located, either on order of the court or, if 2 the advocate is appointed by the county board of supervisors, 3 on the direction of the board. If the advocate is appointed 4 by the court, the advocate is an employee of the state for 5 purposes of chapter 669 . If the advocate is appointed by the 6 county board of supervisors, the advocate is an employee of 7 the county for purposes of chapter 670 . If the patient or 8 the person who is legally liable for the patient’s support 9 is not indigent, the board office shall recover the costs of 10 compensating the advocate from that person. If that person 11 has an income level as determined pursuant to section 815.9 12 greater than one hundred percent but not more than one hundred 13 fifty percent of the poverty guidelines, at least one hundred 14 dollars of the advocate’s compensation shall be recovered in 15 the manner prescribed by the county board of supervisors. 16 If that person has an income level as determined pursuant 17 to section 815.9 greater than one hundred fifty percent of 18 the poverty guidelines, at least two hundred dollars of the 19 advocate’s compensation shall be recovered in substantially the 20 same manner prescribed by the county board of supervisors as 21 provided in section 815.9 . 22 Sec. 13. Section 229.25, subsection 1, paragraph a, 23 subparagraph (1), Code 2013, is amended to read as follows: 24 (1) The information is requested by a licensed physician, 25 attorney , or the mental health advocate who provides appointed 26 for the person. The requester must provide the chief medical 27 officer with a written waiver signed by the person about whom 28 the information is sought. 29 Sec. 14. TRANSITION OF EMPLOYEE RIGHTS OF FORMER COUNTY 30 EMPLOYEES. 31 1. If appointed by the administrator of the office of mental 32 health advocate of the department of human rights pursuant 33 to section 216A.172, county employees paid for mental health 34 advocate services under section 229.19 shall become employees 35 -8- LSB 1064SV (3) 85 jp/rj 8/ 29

S.F. 406 of the department of human rights effective July 1, 2014, and 1 the department shall assume all costs associated with the 2 functions of the employees on that date. Employees who were 3 paid salaries by the counties immediately prior to becoming 4 state employees as a result of this Act shall not forfeit 5 accrued vacation, accrued sick leave, or benefits related to 6 longevity of service, except as provided in this section. 7 2. The department of inspections and appeals, after 8 consulting with the department of administrative services, 9 shall adopt rules to provide for the following: 10 a. A person referred to in subsection 1 shall have to the 11 person’s credit as a state employee commencing on the date of 12 becoming a state employee the number of accrued vacation days 13 that was credited to the person as a county employee as of the 14 end of the day prior to becoming a state employee. 15 b. Each person referred to in subsection 1 shall have to 16 the person’s credit as a state employee commencing on the 17 date of becoming a state employee the number of accrued days 18 of sick leave that was credited to the person as a county 19 employee as of the end of the day prior to becoming a state 20 employee. However, the number of days of sick leave credited 21 to a person under this subsection and eligible to be taken 22 when sick or eligible to be received upon retirement shall not 23 respectively exceed the maximum number of days, if any, or the 24 maximum dollar amount as provided in section 70A.23 that state 25 employees generally are entitled to accrue or receive according 26 to rules in effect as of the date the person becomes a state 27 employee. 28 c. Commencing on the date of becoming a state employee, each 29 person referred to in subsection 1 is entitled to claim the 30 person’s most recent continuous period of service in full-time 31 county employment as full-time state employment for purposes 32 of determining the number of days of vacation which the person 33 is entitled to earn each year. The actual vacation benefit, 34 including the limitation on the maximum accumulated vacation 35 -9- LSB 1064SV (3) 85 jp/rj 9/ 29

S.F. 406 leave, shall be determined as provided in section 70A.1 1 according to rules in effect for state employees of comparable 2 longevity, irrespective of any greater or lesser benefit as a 3 county employee. 4 3. Persons referred to in subsection 1 who were covered 5 by county employee life insurance and accident and health 6 insurance plans prior to becoming state employees in accordance 7 with this section shall be permitted to apply prior to becoming 8 state employees for life insurance and health and accident 9 insurance plans that are available to state employees so that 10 those persons do not suffer a lapse of insurance coverage as a 11 result of this section. The department of human rights, after 12 consulting with the department of administrative services, 13 shall prescribe rules and distribute application forms and 14 take other actions as necessary to enable those persons to 15 elect to have insurance coverage that is in effect on the date 16 of becoming state employees. The actual insurance coverage 17 available to a person shall be determined by the plans that are 18 available to state employees, irrespective of any greater or 19 lesser benefits that may have been available to the person as 20 a county employee. 21 4. Commencing on the date of becoming a state employee, each 22 person referred to in subsection 1 is entitled to claim the 23 person’s most recent continuous period of service in full-time 24 county employment as full-time state employment for purposes of 25 determining disability benefits as provided in section 70A.20 26 according to rules in effect for state employees of comparable 27 longevity, irrespective of any greater or lesser benefit that 28 may have been available to the person as a county employee. 29 Sec. 15. EFFECTIVE DATE. This division of this Act takes 30 effect July 1, 2014. 31 DIVISION III 32 INVOLUNTARY COMMITMENTS —— PERSONS WITH INTELLECTUAL 33 DISABILITIES 34 Sec. 16. Section 48A.2, subsection 3, Code 2013, is amended 35 -10- LSB 1064SV (3) 85 jp/rj 10/ 29

S.F. 406 to read as follows: 1 3. “Person who is incompetent to vote” means a person with an 2 intellectual disability who has been found to lack the mental 3 capacity to vote in a proceeding held pursuant to section 4 222.31 or 633.556 . 5 Sec. 17. Section 222.6, Code 2013, is amended to read as 6 follows: 7 222.6 State districts. 8 The administrator shall divide the state into two districts 9 in such manner that one of the resource centers shall be 10 located within each of the districts. Such districts may 11 from time to time be changed. After such districts have 12 been established, the administrator shall notify all boards 13 of supervisors, county auditors, and clerks of the district 14 courts of the action. Thereafter, unless the administrator 15 otherwise orders, all admissions or commitments of persons with 16 an intellectual disability from a district shall be to the 17 resource center located within such district. 18 Sec. 18. Section 222.12, subsection 2, Code 2013, is amended 19 to read as follows: 20 2. Notice of the death of the patient, and the cause of 21 death, shall be sent to the county board of supervisors and to 22 the judge of the court that had jurisdiction over a committed 23 patient . The fact of death with the time, place, and alleged 24 cause shall be entered upon the docket of the court. 25 Sec. 19. Section 222.15, subsection 3, Code 2013, is amended 26 by striking the subsection. 27 Sec. 20. Section 222.59, subsection 3, Code 2013, is amended 28 by striking the subsection. 29 Sec. 21. Section 222.60, subsection 1, unnumbered paragraph 30 1, Code 2013, is amended to read as follows: 31 All necessary and legal expenses for the cost of admission 32 or commitment or for the treatment, training, instruction, 33 care, habilitation, support and transportation of persons with 34 an intellectual disability, as provided for in the county 35 -11- LSB 1064SV (3) 85 jp/rj 11/ 29

S.F. 406 management plan provisions implemented pursuant to section 1 331.439, subsection 1 , in a state resource center, or in a 2 special unit, or any public or private facility within or 3 without the state, approved by the director of the department 4 of human services, shall be paid by either: 5 Sec. 22. Section 222.61, Code 2013, is amended to read as 6 follows: 7 222.61 Legal settlement determined. 8 When a county receives an application on behalf of any person 9 for admission to a resource center or a special unit or when 10 a court issues an order committing any person to a resource 11 center or a special unit , the board of supervisors shall 12 utilize the central point of coordination process to determine 13 and certify that the legal settlement of the person is in one 14 of the following: 15 1. In the county in which the application is received or 16 court is located . 17 2. In some other county of the state. 18 3. In another state or in a foreign country. 19 4. Unknown. 20 Sec. 23. Section 222.64, Code 2013, is amended to read as 21 follows: 22 222.64 Foreign state or country or unknown legal settlement. 23 If the legal settlement of the person is determined by the 24 board of supervisors through the central point of coordination 25 process to be in a foreign state or country or is determined 26 to be unknown, the board of supervisors shall certify the 27 determination to the administrator. The certification shall 28 be accompanied by a copy of the evidence supporting the 29 determination. The care of the person shall be as arranged by 30 the board of supervisors or by an order as the court may enter. 31 Application for admission or order of commitment may be made 32 pending investigation by the administrator. 33 Sec. 24. Section 222.67, Code 2013, is amended to read as 34 follows: 35 -12- LSB 1064SV (3) 85 jp/rj 12/ 29

S.F. 406 222.67 Charge on finding of settlement. 1 If a person has been received into a resource center or a 2 special unit as a patient whose legal settlement is supposedly 3 outside the state or is unknown and the administrator 4 determines that the legal settlement of the patient was at the 5 time of admission or commitment in a county of this state, 6 the administrator shall certify the determination and charge 7 all legal costs and expenses pertaining to the admission or 8 commitment and support of the patient to the county of legal 9 settlement. The certification shall be sent to the county 10 of legal settlement. The certification shall be accompanied 11 by a copy of the evidence supporting the determination. If 12 the person’s legal settlement status has been determined in 13 accordance with section 225C.8 , the legal costs and expenses 14 shall be charged to the county or as a state case in accordance 15 with that determination. The costs and expenses shall be 16 collected as provided by law in other cases. 17 Sec. 25. Section 222.68, Code 2013, is amended to read as 18 follows: 19 222.68 Costs paid in first instance. 20 All necessary and legal expenses for the cost of admission or 21 commitment of a person to a resource center or a special unit 22 when the person’s legal settlement is found to be in another 23 county of this state shall in the first instance be paid by the 24 county from which the person was admitted or committed . The 25 county of legal settlement shall reimburse the county which 26 pays for all such expenses. Where any county fails to make 27 such reimbursement within forty-five days following submission 28 of a properly itemized bill to the county of legal settlement, 29 a penalty of not greater than one percent per month on and 30 after forty-five days from submission of the bill may be added 31 to the amount due. 32 Sec. 26. Section 222.69, Code 2013, is amended to read as 33 follows: 34 222.69 Payment by state. 35 -13- LSB 1064SV (3) 85 jp/rj 13/ 29

S.F. 406 All necessary and legal expenses for the cost of admission 1 or commitment of a person to a resource center or a special 2 unit when the person’s legal settlement is outside this state 3 or is unknown shall be paid out of any money in the state 4 treasury not otherwise appropriated. Such payments shall be 5 made on itemized vouchers executed by the auditor of the county 6 from which the expenses have been paid and approved by the 7 administrator. 8 Sec. 27. Section 222.70, Code 2013, is amended to read as 9 follows: 10 222.70 Legal settlement disputes. 11 If a dispute arises between counties or between the 12 department and a county as to the legal settlement of a person 13 admitted or committed to a resource center, a special unit, or 14 a community-based service, the dispute shall be resolved as 15 provided in section 225C.8 . 16 Sec. 28. Section 222.78, Code 2013, is amended to read as 17 follows: 18 222.78 Parents and others liable for support. 19 The father and mother of any patient admitted or committed to 20 a resource center or to a special unit, as either an inpatient 21 or an outpatient, and any person, firm, or corporation bound 22 by contract made for support of the patient are liable for the 23 support of the patient. The patient and those legally bound 24 for the support of the patient shall be liable to the county 25 for all sums advanced by the county to the state under the 26 provisions of sections 222.60 and 222.77 . The liability of 27 any person, other than the patient, who is legally bound for 28 the support of a patient who is under eighteen years of age 29 in a resource center or a special unit shall not exceed the 30 average minimum cost of the care of a normally intelligent 31 minor without a disability of the same age and sex as the 32 minor patient. The administrator shall establish the scale 33 for this purpose but the scale shall not exceed the standards 34 for personal allowances established by the state division 35 -14- LSB 1064SV (3) 85 jp/rj 14/ 29

S.F. 406 under the family investment program. The father or mother 1 shall incur liability only during any period when the father 2 or mother either individually or jointly receive a net income 3 from whatever source, commensurate with that upon which they 4 would be liable to make an income tax payment to this state. 5 The father or mother of a patient shall not be liable for the 6 support of the patient upon the patient attaining eighteen 7 years of age. Nothing in this section shall be construed to 8 prevent a relative or other person from voluntarily paying the 9 full actual cost as established by the administrator for caring 10 for the patient with an intellectual disability. 11 Sec. 29. Section 222.80, Code 2013, is amended to read as 12 follows: 13 222.80 Liability to county. 14 A person admitted or committed to a county institution 15 or home or admitted or committed at county expense to a 16 private hospital, sanitarium, or other facility for treatment, 17 training, instruction, care, habilitation, and support as a 18 patient with an intellectual disability shall be liable to the 19 county for the reasonable cost of the support as provided in 20 section 222.78 . 21 Sec. 30. Section 222.91, Code 2013, is amended to read as 22 follows: 23 222.91 Direct referral to special unit. 24 In addition to any other manner of referral , or admission , or 25 commitment to the special unit provided for by this chapter , 26 persons may be referred directly to the special unit by courts, 27 law enforcement agencies, or state penal or correctional 28 institutions for services under subsection 2 of section 222.88 , 29 subsection 2, ; but persons so referred shall not be admitted 30 or committed unless a preadmission diagnostic evaluation 31 indicates that the person would benefit from such services, 32 and the admission or commitment of the person to the special 33 unit would not cause the special unit’s patient load to exceed 34 its capacity. 35 -15- LSB 1064SV (3) 85 jp/rj 15/ 29

S.F. 406 Sec. 31. Section 232.51, Code 2013, is amended to read as 1 follows: 2 232.51 Disposition of child with mental illness or an 3 intellectual disability . 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 and such proceedings in the juvenile court 10 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 has an 13 intellectual disability, the court may direct the juvenile 14 court officer or the department to initiate proceedings 15 or to assist the child’s parent or guardian to initiate 16 civil commitment proceedings in the juvenile court and such 17 proceedings shall adhere to the requirements of chapter 222 . 18 3. 2. a. If prior to the adjudicatory or dispositional 19 hearing on the pending delinquency petition, the child is 20 committed as a child with a mental illness or an intellectual 21 disability and is ordered into a residential facility, 22 institution, or hospital for inpatient treatment, the 23 delinquency proceeding shall be suspended until such time as 24 the juvenile court either terminates the civil commitment 25 order or the child is released from the residential facility, 26 institution, or hospital for purposes of receiving outpatient 27 treatment. 28 b. During any time that the delinquency proceeding is 29 suspended pursuant to this subsection, any time limits for 30 speedy adjudicatory hearings and continuances shall be tolled. 31 c. This subsection shall not apply to waiver hearings held 32 pursuant to section 232.45 . 33 Sec. 32. Section 331.756, subsection 42, Code 2013, is 34 amended by striking the subsection. 35 -16- LSB 1064SV (3) 85 jp/rj 16/ 29

S.F. 406 Sec. 33. Section 602.8102, subsections 36 and 37, Code 2013, 1 are amended by striking the subsections. 2 Sec. 34. REPEAL. Sections 222.16 through 222.33, sections 3 222.36 through 222.49, section 222.51, and sections 222.54 4 through 222.58, Code 2013, are repealed. 5 Sec. 35. EFFECTIVE DATE. This division of this Act takes 6 effect July 1, 2014. 7 DIVISION IV 8 INVOLUNTARY COMMITMENTS —— 9 SUBSTANCE-RELATED DISORDERS AND MENTAL ILLNESS 10 Sec. 36. NEW SECTION . 125.74A Preapplication screening 11 assessment —— program. 12 Prior to filing an application pursuant to section 125.75, 13 the clerk of the district court or the clerk’s designee shall 14 inform the interested person referred to in section 125.75 15 about the option of requesting a preapplication screening 16 assessment through a preapplication screening assessment 17 program, if available. The state court administrator shall 18 prescribe practices and procedures for implementation of the 19 preapplication screening assessment program. 20 Sec. 37. Section 125.75, Code 2013, is amended to read as 21 follows: 22 125.75 Involuntary commitment or treatment —— application 23 Application . 24 1. Proceedings for the involuntary commitment or treatment 25 of a person with a substance-related disorder to a facility 26 pursuant to this chapter or for the involuntary hospitalization 27 of a person pursuant to chapter 229 may be commenced by 28 the county attorney or an any interested person by filing a 29 verified application with the clerk of the district court of 30 the county where the respondent is presently located or which 31 is the respondent’s place of residence. The clerk or the 32 clerk’s designee shall assist the applicant in completing the 33 application. 34 2. The application shall: 35 -17- LSB 1064SV (3) 85 jp/rj 17/ 29

S.F. 406 1. a. State the applicant’s belief that the respondent is a 1 person with a substance-related disorder. who presents a danger 2 to self or others and lacks judgmental capacity due to either 3 of the following: 4 (1) A substance-related disorder as defined in section 5 125.2. 6 (2) A serious mental impairment as defined in section 229.1. 7 2. b. State any other pertinent facts in support of each 8 belief described in paragraph “a” . 9 3. c. Be accompanied by one or more of the following: 10 a. (1) A written statement of a licensed physician in 11 support of the application. 12 b. (2) One or more supporting affidavits corroborating the 13 application. 14 c. (3) Corroborative information obtained and reduced to 15 writing by the clerk or the clerk’s designee, but only when 16 circumstances make it infeasible to obtain, or when the clerk 17 considers it appropriate to supplement, the information under 18 either paragraph “a” subparagraph (1) or paragraph “b” (2) . 19 3. Prior to the filing of an application pursuant to this 20 section, the clerk or the clerk’s designee shall inform the 21 interested person referred to in subsection 1 about the option 22 of requesting a preapplication screening assessment pursuant 23 to section 125.74A. 24 4. The supreme court shall prescribe rules and establish 25 forms as necessary to carry out the provisions of this section. 26 Sec. 38. Section 125.75A, Code 2013, is amended to read as 27 follows: 28 125.75A Involuntary commitment or treatment of proceedings —— 29 minors —— jurisdiction. 30 The juvenile court has exclusive original jurisdiction in 31 proceedings concerning a minor for whom an application for 32 involuntary commitment or treatment is filed under section 33 125.75 . In proceedings under this division concerning a 34 minor’s involuntary commitment or treatment, the term “court” , 35 -18- LSB 1064SV (3) 85 jp/rj 18/ 29