SF 406 (LSB 1064SV (3) 85)

SENATE FILE 406

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO SSB 1192)

A BILL FOR

An Act relating to involuntary commitments for persons with substance-related disorders, mental illness, and intellectual disabilities, and providing for the creation of an office of mental health advocate in the department of human rights and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I

DEPARTMENTAL RESPONSIBILITY FOR MENTAL HEALTH ADVOCATES
    Section 1.  NEW SECTION.  216A.171  Definitions.
   As used in this subchapter, unless the context otherwise requires:
   1.  “Administrator” means the administrator of the office of mental health advocate of the department of human rights.
   2.  “Office” means the office of mental health advocate of the department of human rights.
    Sec. 2.  NEW SECTION.  216A.172  Duties of administrator.
   The administrator shall administer the office’s conduct of the mental health advocate program as provided by section 229.19 and other applicable law. The administrator’s duties may include but are not limited to all of the following:
   1.  Appointing persons to serve as mental health advocates and other office staff and identifying qualifications for persons serving as a mental health advocate. The minimum qualifications for a mental health advocate whose initial appointment commences on or after July 1, 2013, shall be a bachelor’s degree from an accredited school, college, or university in social work, counseling, human services, health, or nursing and one year of experience in the provision of mental health services. A person who is a licensed registered nurse pursuant to chapter 152 who is current with applicable continuing education requirements shall be deemed to have met the minimum experience requirement.
   2.  Training and supervising office staff.
   3.  Implementing procedures for appointing, dismissing, and supervising advocates.
   4.  Administering program additions and expansions, including providing advocate services for persons with a substance-related disorder and persons found not guilty by reason of insanity, if such additions or expansions are authorized and funded.
   5.  Developing and implementing a case weight system for use in appointing and compensating advocates.
   6.  Administering case reviews and audits.
    Sec. 3.  TRANSITION.
   1.  The department of human rights shall commence organizational activities during the fiscal year beginning July 1, 2013, as necessary to fully implement this division and assume responsibility for mental health advocates as provided in this division and division II of this Act on July 1, 2014.
   2.  If necessary for the purposes of subsection 1, the department of human rights may adopt emergency rules under section 17A.4, subsection 3, and section 17A.5, subsection 2, paragraph “b”, to implement the provisions of division II of this Act on July 1, 2014, and the rules shall be effective immediately upon filing unless a later date is specified in the rules. Any rules adopted in accordance with this section shall also be published as a notice of intended action as provided in section 17A.4.

DIVISION II

IMPLEMENTATION —— MENTAL HEALTH ADVOCATES
    Sec. 4.  Section 225C.4, subsection 1, paragraph m, Code 2013, is amended to read as follows:
   m.  Provide consultation and technical assistance to patients’
 
mental health advocates appointed pursuant to section 229.19, in cooperation with the judicial branch
 
and the department of human rights, and
 
to the resident advocate committees appointed for health care facilities pursuant to section 135C.25.
    Sec. 5.  Section 226.31, Code 2013, is amended to read as follows:
   226.31  Examination by court —— notice.
   Before granting the order authorized in section 226.30 the court or judge shall investigate the allegations of the petition and before proceeding to a hearing on the allegations shall require notice to be served on the attorney who represented the patient in any prior proceedings under sections 229.6 to 229.15 or the
 
and to any mental health advocate appointed
 
for the patient under section 229.19, or in the case of a patient who entered the hospital voluntarily, on any relative, friend, or guardian of the person in question of the filing of the application. At the hearing the court or judge shall appoint a guardian ad litem for the person, if the court or judge deems such action necessary to protect the rights of the person. The guardian ad litem shall be a practicing attorney.
    Sec. 6.  Section 229.2, subsection 1, paragraph b, subparagraph (6), Code 2013, is amended to read as follows:
   (6)  Upon approval of the admission of a minor over the minor’s objections, the juvenile court shall
 
notify the office of mental health advocate of the department of human rights and the office shall appoint an individual to act as an
 
the mental health advocate representing the interests of
 
for the minor in the same manner as an advocate representing the interests of patients involuntarily hospitalized pursuant to
 
in accordance with section 229.19.
    Sec. 7.  Section 229.9A, Code 2013, is amended to read as follows:
   229.9A  Advocate
 
Mental health advocate informed
 
—— hearings.
   The court shall direct the clerk to furnish the
 
office of the mental health advocate of the respondent’s county of legal settlement
 
designated for the court by the department of human rights with a copy of application and any order issued pursuant to section 229.8, subsection 3. The
 
mental health advocate
 
designated for the court may attend the hospitalization
 
any court hearing of any
 
involving the respondent for whom the advocate has received notice of a hospitalization hearing.
    Sec. 8.  Section 229.12, subsection 2, Code 2013, is amended to read as follows:
   2.  All persons not necessary for the conduct of the proceeding shall be excluded, except that the court may admit persons having a legitimate interest in the proceeding and shall permit the
 
mental health advocate from the respondent’s county of legal settlement
 
designated for the court by the department of human rights to attend the hearing. Upon motion of the county attorney, the judge may exclude the respondent from the hearing during the testimony of any particular witness if the judge determines that witness’s testimony is likely to cause the respondent severe emotional trauma.
    Sec. 9.  Section 229.14A, subsection 1, Code 2013, is amended to read as follows:
   1.  With respect to a chief medical officer’s report made pursuant to section 229.14, subsection 1, paragraph “b”, “c”, or “d”, or any other provision of this chapter related to involuntary commitment for which the court issues a placement order or a transfer of placement is authorized, the court shall provide notice to the respondent, and the respondent’s attorney or, and any mental health advocate
 
appointed for the respondent pursuant to section 229.19 concerning the placement order and the respondent’s right to request a placement hearing to determine if the order for placement or transfer of placement is appropriate.
    Sec. 10.  Section 229.14A, subsection 5, paragraph c, Code 2013, is amended to read as follows:
   c.  If the respondent’s attorney has withdrawn pursuant to section 229.19, the court shall appoint an attorney for the respondent in the manner described in section 229.8, subsection 1.
    Sec. 11.  Section 229.15, subsection 6, Code 2013, is amended to read as follows:
   6.  Upon receipt of any report required or authorized by this section the court shall furnish a copy to the patient’s attorney, or alternatively
 
and to the
 
mental health advocate appointed as required by section 229.19
 
for the patient. The court shall examine the report and take the action thereon which it deems appropriate. Should the court fail to receive any report required by this section or section 229.14 at the time the report is due, the court shall investigate the reason for the failure to report and take whatever action may be necessary in the matter.
    Sec. 12.  Section 229.19, Code 2013, is amended to read as follows:
   229.19  Advocates
 
Mental health advocates —— duties —— compensation —— state and county liability.
   1.
  a.  In each county with a population of three hundred thousand or more inhabitants the board of supervisors shall appoint an individual who has demonstrated by prior activities an informed concern for the welfare and rehabilitation of persons with mental illness, and who is not an officer or employee of the department of human services nor of any agency or facility providing care or treatment to persons with mental illness, to act as an advocate representing the interests of patients involuntarily hospitalized by the court, in any matter relating to the patients’ hospitalization or treatment under section 229.14 or 229.15. In each county with a population of under three hundred thousand inhabitants, the chief judge of the judicial district encompassing the county shall appoint the advocate. 
 
For the purposes of this section, “office” means the office of mental health advocate of the department of human rights.
   b.  The court or, if the advocate is appointed by the county board of supervisors, the board shall assign the advocate appointed from a patient’s county of legal settlement to represent the interests of the patient. If a patient has no county of legal settlement, the court or, if the advocate is appointed by the county board of supervisors, the board shall assign the advocate appointed from the county where the hospital or facility is located to represent the interests of the patient.
   c.  The advocate’s responsibility with respect to any patient shall begin at whatever time the attorney employed or appointed to represent that patient as respondent in hospitalization proceedings, conducted under sections 229.6 to 229.13, reports to the court that the attorney’s services are no longer required and requests the court’s approval to withdraw as counsel for that patient. However, if
   b.  If the patient is found to be seriously mentally impaired at the hospitalization hearing, the attorney representing the patient shall automatically be relieved of responsibility in the case and an
 
a mental health advocate shall be assigned to
 
appointed for the patient at the conclusion of the hearing unless the attorney indicates an intent to continue the attorney’s services and. The court shall notify the office of the court’s finding and the office shall appoint an advocate for the patient. The advocate’s responsibility with respect to a patient shall begin when the advocate is appointed for the patient. The attorney representing the patient shall automatically be relieved of responsibility at the conclusion of the hearing unless the attorney requests to continue representation and the court so directs
 
authorizes the attorney to remain on the case. If the court directs the attorney to remain on the case, the attorney shall assume all the duties of an advocate
 
cooperate with the advocate appointed for the patient. The clerk shall furnish the advocate with a copy of the court’s order approving the withdrawal
 
or continuation of the attorney and shall inform the patient of the name of the patient’s advocate.
   d.

c.  With regard to each patient whose interests the
 
for whom a mental health advocate is required to represent
 
appointed pursuant to this section, the advocate’s duties shall include all of the following:
   (1)  To review each report submitted pursuant to sections 229.14 and 229.15.
   (2)  If the advocate is not an attorney, to
 
To advise the court at any time it appears that the services of an attorney are required to properly safeguard the patient’s interests.
   (3)  To be readily accessible to communications from the patient and to originate communications with the patient within five days of the patient’s commitment.
   (4)  To visit the patient within fifteen days of the patient’s commitment and periodically thereafter.
   (5)  To communicate with medical personnel treating the patient and to review the patient’s medical records pursuant to section 229.25.
   (6)  To file with the court
 
and the office quarterly reports, and additional reports as the advocate feels necessary or as required by the court
 
office, in a form prescribed by the court
 
office. The reports shall state what actions the advocate has taken with respect to each patient and the amount of time spent.
   (7)  To utilize the related best practices for the duties identified in this paragraph “d”
 
“c” developed and promulgated by the judicial council.
   e.

d.  An
 
Subject to the availability of funding appropriated for this purpose, a mental health advocate may also be appointed pursuant to this section for an individual who has been diagnosed with a co-occurring mental illness and substance-related
 
substance-related disorder.
   2.  The hospital or facility to which a patient is committed shall grant all reasonable requests of the
 
patient’s mental health advocate to visit the patient, to communicate with medical personnel treating the patient, and to review the patient’s medical records pursuant to section 229.25. An advocate shall not disseminate information from a patient’s medical records to any other person unless done for official purposes in connection with the advocate’s duties pursuant to this chapter or when required by law.
   3.  The court or, if the advocate is appointed by the county board of supervisors, the board
 
office shall prescribe
 
provide reasonable compensation for the services of the advocate
 
in accordance with section 216A.172. The compensation shall be based upon the reports filed by the advocate with the court. The advocate’s compensation shall be paid by the county in which the court is located, either on order of the court or, if the advocate is appointed by the county board of supervisors, on the direction of the board. If the advocate is appointed by the court, the advocate is an employee of the state for purposes of chapter 669. If the advocate is appointed by the county board of supervisors, the advocate is an employee of the county for purposes of chapter 670. If the patient or the person who is legally liable for the patient’s support is not indigent, the board
 
office shall recover the costs of compensating the advocate from that person. If that person has an income level as determined pursuant to section 815.9 greater than one hundred percent but not more than one hundred fifty percent of the poverty guidelines, at least one hundred dollars of the advocate’s compensation shall be recovered in the manner prescribed by the county board of supervisors. If that person has an income level as determined pursuant to section 815.9 greater than one hundred fifty percent of the poverty guidelines, at least two hundred dollars of the advocate’s compensation shall be recovered in substantially the same manner prescribed by the county board of supervisors as provided in section 815.9.
    Sec. 13.  Section 229.25, subsection 1, paragraph a, subparagraph (1), Code 2013, is amended to read as follows:
   (1)  The information is requested by a licensed physician, attorney, or
 
the mental health advocate who provides
 
appointed for the person. The requester must provide the chief medical officer with a written waiver signed by the person about whom the information is sought.
    Sec. 14.  TRANSITION OF EMPLOYEE RIGHTS OF FORMER COUNTY EMPLOYEES.
   1.  If appointed by the administrator of the office of mental health advocate of the department of human rights pursuant to section 216A.172, county employees paid for mental health advocate services under section 229.19 shall become employees of the department of human rights effective July 1, 2014, and the department shall assume all costs associated with the functions of the employees on that date. Employees who were paid salaries by the counties immediately prior to becoming state employees as a result of this Act shall not forfeit accrued vacation, accrued sick leave, or benefits related to longevity of service, except as provided in this section.
   2.  The department of inspections and appeals, after consulting with the department of administrative services, shall adopt rules to provide for the following:
   a.  A person referred to in subsection 1 shall have to the person’s credit as a state employee commencing on the date of becoming a state employee the number of accrued vacation days that was credited to the person as a county employee as of the end of the day prior to becoming a state employee.
   b.  Each person referred to in subsection 1 shall have to the person’s credit as a state employee commencing on the date of becoming a state employee the number of accrued days of sick leave that was credited to the person as a county employee as of the end of the day prior to becoming a state employee. However, the number of days of sick leave credited to a person under this subsection and eligible to be taken when sick or eligible to be received upon retirement shall not respectively exceed the maximum number of days, if any, or the maximum dollar amount as provided in section 70A.23 that state employees generally are entitled to accrue or receive according to rules in effect as of the date the person becomes a state employee.
   c.  Commencing on the date of becoming a state employee, each person referred to in subsection 1 is entitled to claim the person’s most recent continuous period of service in full-time county employment as full-time state employment for purposes of determining the number of days of vacation which the person is entitled to earn each year. The actual vacation benefit, including the limitation on the maximum accumulated vacation leave, shall be determined as provided in section 70A.1 according to rules in effect for state employees of comparable longevity, irrespective of any greater or lesser benefit as a county employee.
   3.  Persons referred to in subsection 1 who were covered by county employee life insurance and accident and health insurance plans prior to becoming state employees in accordance with this section shall be permitted to apply prior to becoming state employees for life insurance and health and accident insurance plans that are available to state employees so that those persons do not suffer a lapse of insurance coverage as a result of this section. The department of human rights, after consulting with the department of administrative services, shall prescribe rules and distribute application forms and take other actions as necessary to enable those persons to elect to have insurance coverage that is in effect on the date of becoming state employees. The actual insurance coverage available to a person shall be determined by the plans that are available to state employees, irrespective of any greater or lesser benefits that may have been available to the person as a county employee.
   4.  Commencing on the date of becoming a state employee, each person referred to in subsection 1 is entitled to claim the person’s most recent continuous period of service in full-time county employment as full-time state employment for purposes of determining disability benefits as provided in section 70A.20 according to rules in effect for state employees of comparable longevity, irrespective of any greater or lesser benefit that may have been available to the person as a county employee.
    Sec. 15.  EFFECTIVE DATE.  This division of this Act takes effect July 1, 2014.

DIVISION III

INVOLUNTARY COMMITMENTS —— PERSONS WITH INTELLECTUAL DISABILITIES
    Sec. 16.  Section 48A.2, subsection 3, Code 2013, is amended to read as follows:
   3.  “Person who is incompetent to vote” means a person with an intellectual disability who has been found to lack the mental capacity to vote in a proceeding held pursuant to section 222.31 or 633.556.
    Sec. 17.  Section 222.6, Code 2013, is amended to read as follows:
   222.6  State districts.
   The administrator shall divide the state into two districts in such manner that one of the resource centers shall be located within each of the districts. Such districts may from time to time be changed. After such districts have been established, the administrator shall notify all boards of supervisors, county auditors, and clerks of the district courts of the action. Thereafter, unless the administrator otherwise orders, all admissions or commitments of persons with an intellectual disability from a district shall be to the resource center located within such district.
    Sec. 18.  Section 222.12, subsection 2, Code 2013, is amended to read as follows:
   2.  Notice of the death of the patient, and the cause of death, shall be sent to the county board of supervisors and to the judge of the court that had jurisdiction over a committed patient. The fact of death with the time, place, and alleged cause shall be entered upon the docket of the court.
    Sec. 19.  Section 222.15, subsection 3, Code 2013, is amended by striking the subsection.
    Sec. 20.  Section 222.59, subsection 3, Code 2013, is amended by striking the subsection.
    Sec. 21.  Section 222.60, subsection 1, unnumbered paragraph 1, Code 2013, is amended to read as follows:
   All necessary and legal expenses for the cost of admission or commitment or for the treatment, training, instruction, care, habilitation, support and transportation of persons with an intellectual disability, as provided for in the county management plan provisions implemented pursuant to section 331.439, subsection 1, in a state resource center, or in a special unit, or any public or private facility within or without the state, approved by the director of the department of human services, shall be paid by either:
    Sec. 22.  Section 222.61, Code 2013, is amended to read as follows:
   222.61  Legal settlement determined.
   When a county receives an application on behalf of any person for admission to a resource center or a special unit or when a court issues an order committing any person to a resource center or a special unit, the board of supervisors shall utilize the central point of coordination process to determine and certify that the legal settlement of the person is in one of the following:
   1.  In the county in which the application is received or court is located.
   2.  In some other county of the state.
   3.  In another state or in a foreign country.
   4.  Unknown.
    Sec. 23.  Section 222.64, Code 2013, is amended to read as follows:
   222.64  Foreign state or country or unknown legal settlement.
   If the legal settlement of the person is determined by the board of supervisors through the central point of coordination process to be in a foreign state or country or is determined to be unknown, the board of supervisors shall certify the determination to the administrator. The certification shall be accompanied by a copy of the evidence supporting the determination. The care of the person shall be as arranged by the board of supervisors or by an order as the court may enter. Application for admission or order of commitment may be made pending investigation by the administrator.
    Sec. 24.  Section 222.67, Code 2013, is amended to read as follows:
   222.67  Charge on finding of settlement.
   If a person has been received into a resource center or a special unit as a patient whose legal settlement is supposedly outside the state or is unknown and the administrator determines that the legal settlement of the patient was at the time of admission or commitment in a county of this state, the administrator shall certify the determination and charge all legal costs and expenses pertaining to the admission or commitment and support of the patient to the county of legal settlement. The certification shall be sent to the county of legal settlement. The certification shall be accompanied by a copy of the evidence supporting the determination. If the person’s legal settlement status has been determined in accordance with section 225C.8, the legal costs and expenses shall be charged to the county or as a state case in accordance with that determination. The costs and expenses shall be collected as provided by law in other cases.
    Sec. 25.  Section 222.68, Code 2013, is amended to read as follows:
   222.68  Costs paid in first instance.
   All necessary and legal expenses for the cost of admission or commitment of a person to a resource center or a special unit when the person’s legal settlement is found to be in another county of this state shall in the first instance be paid by the county from which the person was admitted or committed. The county of legal settlement shall reimburse the county which pays for all such expenses. Where any county fails to make such reimbursement within forty-five days following submission of a properly itemized bill to the county of legal settlement, a penalty of not greater than one percent per month on and after forty-five days from submission of the bill may be added to the amount due.
    Sec. 26.  Section 222.69, Code 2013, is amended to read as follows:
   222.69  Payment by state.
   All necessary and legal expenses for the cost of admission or commitment of a person to a resource center or a special unit when the person’s legal settlement is outside this state or is unknown shall be paid out of any money in the state treasury not otherwise appropriated. Such payments shall be made on itemized vouchers executed by the auditor of the county from which the expenses have been paid and approved by the administrator.
    Sec. 27.  Section 222.70, Code 2013, is amended to read as follows:
   222.70  Legal settlement disputes.
   If a dispute arises between counties or between the department and a county as to the legal settlement of a person admitted or committed to a resource center, a special unit, or a community-based service, the dispute shall be resolved as provided in section 225C.8.
    Sec. 28.  Section 222.78, Code 2013, is amended to read as follows:
   222.78  Parents and others liable for support.
   The father and mother of any patient admitted or committed to a resource center or to a special unit, as either an inpatient or an outpatient, and any person, firm, or corporation bound by contract made for support of the patient are liable for the support of the patient. The patient and those legally bound for the support of the patient shall be liable to the county for all sums advanced by the county to the state under the provisions of sections 222.60 and 222.77. The liability of any person, other than the patient, who is legally bound for the support of a patient who is under eighteen years of age in a resource center or a special unit shall not exceed the average minimum cost of the care of a normally intelligent minor without a disability of the same age and sex as the minor patient. The administrator shall establish the scale for this purpose but the scale shall not exceed the standards for personal allowances established by the state division under the family investment program. The father or mother shall incur liability only during any period when the father or mother either individually or jointly receive a net income from whatever source, commensurate with that upon which they would be liable to make an income tax payment to this state. The father or mother of a patient shall not be liable for the support of the patient upon the patient attaining eighteen years of age. Nothing in this section shall be construed to prevent a relative or other person from voluntarily paying the full actual cost as established by the administrator for caring for the patient with an intellectual disability.
    Sec. 29.  Section 222.80, Code 2013, is amended to read as follows:
   222.80  Liability to county.
   A person admitted or committed to a county institution or home or admitted or committed at county expense to a private hospital, sanitarium, or other facility for treatment, training, instruction, care, habilitation, and support as a patient with an intellectual disability shall be liable to the county for the reasonable cost of the support as provided in section 222.78.
    Sec. 30.  Section 222.91, Code 2013, is amended to read as follows:
   222.91  Direct referral to special unit.
   In addition to any other manner of referral,
 
or admission, or commitment to the special unit provided for by this chapter, persons may be referred directly to the special unit by courts, law enforcement agencies, or state penal or correctional institutions for services under subsection 2 of section 222.88, subsection 2,; but persons so referred shall not be admitted or committed unless a preadmission diagnostic evaluation indicates that the person would benefit from such services, and the admission or commitment of the person to the special unit would not cause the special unit’s patient load to exceed its capacity.
    Sec. 31.  Section 232.51, Code 2013, is amended to read as follows:
   232.51  Disposition of child with mental illness or an intellectual disability.
   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 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 has an intellectual disability, 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 and such proceedings shall adhere to the requirements of chapter 222.
   3.

2.
  a.  If prior to the adjudicatory or dispositional hearing on the pending delinquency petition, the child is committed as a child with a mental illness or an intellectual disability and is ordered into a residential facility, institution, or hospital for inpatient treatment, the delinquency proceeding shall be suspended until such time as the juvenile court either terminates the civil commitment order or the child is released from the residential facility, institution, or hospital for purposes of receiving outpatient treatment.
   b.  During any time that the delinquency proceeding is suspended pursuant to this subsection, any time limits for speedy adjudicatory hearings and continuances shall be tolled.
   c.  This subsection shall not apply to waiver hearings held pursuant to section 232.45.
    Sec. 32.  Section 331.756, subsection 42, Code 2013, is amended by striking the subsection.
    Sec. 33.  Section 602.8102, subsections 36 and 37, Code 2013, are amended by striking the subsections.
    Sec. 34.  REPEAL.  Sections 222.16 through 222.33, sections 222.36 through 222.49, section 222.51, and sections 222.54 through 222.58, Code 2013, are repealed.
    Sec. 35.  EFFECTIVE DATE.  This division of this Act takes effect July 1, 2014.

DIVISION IV

INVOLUNTARY COMMITMENTS —— 

SUBSTANCE-RELATED DISORDERS AND MENTAL ILLNESS
    Sec. 36.  NEW SECTION.  125.74A  Preapplication screening assessment —— program.
   Prior to filing an application pursuant to section 125.75, the clerk of the district court or the clerk’s designee shall inform the interested person referred to in section 125.75 about the option of requesting a preapplication screening assessment through a preapplication screening assessment program, if available. The state court administrator shall prescribe practices and procedures for implementation of the preapplication screening assessment program.
    Sec. 37.  Section 125.75, Code 2013, is amended to read as follows:
   125.75  Involuntary commitment or treatment —— application
 
Application.
   1.  Proceedings for the involuntary commitment or treatment of a person with a substance-related disorder to a facility
 
pursuant to this chapter or for the involuntary hospitalization of a person pursuant to chapter 229 may be commenced by the county attorney or an
 
any interested person by filing a verified application with the clerk of the district court of the county where the respondent is presently located or which is the respondent’s place of residence. The clerk or the clerk’s designee shall assist the applicant in completing the application.
   2.  The application shall:
   1.
  a.  State the applicant’s belief that the respondent is a person with a substance-related disorder.
 
who presents a danger to self or others and lacks judgmental capacity due to either of the following:
   (1)  A substance-related disorder as defined in section 125.2.
   (2)  A serious mental impairment as defined in section 229.1.
   2.
  b.  State any other pertinent facts
 
in support of each belief described in paragraph “a”.
   3.

c.  Be accompanied by one or more of the following:
   a.

(1)  A written statement of a licensed physician in support of the application.
   b.

(2)  One or more supporting affidavits corroborating the application.
   c.

(3)  Corroborative information obtained and reduced to writing by the clerk or the clerk’s designee, but only when circumstances make it infeasible to obtain, or when the clerk considers it appropriate to supplement, the information under either paragraph “a”
 
subparagraph (1) or paragraph “b”
 
(2).
   3.  Prior to the filing of an application pursuant to this section, the clerk or the clerk’s designee shall inform the interested person referred to in subsection 1 about the option of requesting a preapplication screening assessment pursuant to section 125.74A.
   4.  The supreme court shall prescribe rules and establish forms as necessary to carry out the provisions of this section.
    Sec. 38.  Section 125.75A, Code 2013, is amended to read as follows:
   125.75A  Involuntary commitment or treatment of
 
proceedings ——  minors —— jurisdiction.
   The juvenile court has exclusive original jurisdiction in proceedings concerning a minor for whom an application for involuntary commitment or treatment is filed under section 125.75. In proceedings under this division concerning a minor’s involuntary commitment or treatment, the term “court”, “judge”, or “clerk” means the juvenile court, judge, or clerk.
    Sec. 39.  Section 125.77, Code 2013, is amended to read as follows:
   125.77  Service of notice.
   Upon the filing of an application for involuntary commitment
 
pursuant to section 125.75, the clerk shall docket the case and immediately notify a district court judge, a district associate judge, or magistrate who is admitted to the practice of law in this state, who shall review the application and accompanying documentation. The clerk shall send copies of the application and supporting documentation, together with the notice informing the respondent of the procedures required by this division, to the sheriff, for immediate service upon the respondent. If the respondent is taken into custody under section 125.81, service of the application, documentation, and notice upon the respondent shall be made at the time the respondent is taken into custody.
    Sec. 40.  Section 125.78, unnumbered paragraph 1, Code 2013, is amended to read as follows:
   As soon as practical after the filing of an application for involuntary commitment or treatment
 
pursuant to section 125.75, the court shall:
    Sec. 41.  Section 125.79, Code 2013, is amended to read as follows:
   125.79  Respondent’s attorney informed.
   The court shall direct the clerk to furnish at once to the respondent’s attorney, copies of the application for involuntary commitment of the respondent
 
pursuant to section 125.75 and the supporting documentation, and of the court’s order issued pursuant to section 125.78, subsection 3. If the respondent is taken into custody under section 125.81, the attorney shall also be advised of that fact. The respondent’s attorney shall represent the respondent at all stages of the proceedings and shall attend the commitment hearing.
    Sec. 42.  Section 229.5, Code 2013, is amended to read as follows:
   229.5  Departure without notice.
   If a voluntary patient departs from the hospital without notice, and in the opinion of the chief medical officer the patient is seriously mentally impaired, the chief medical officer may file an application for involuntary hospitalization of
 
on the departed voluntary patient
 
pursuant to section 229.6, and request that an order for immediate custody be entered by the court pursuant to section 229.11.
    Sec. 43.  Section 229.5A, Code 2013, is amended to read as follows:
   229.5A  Preapplication screening assessment —— program.
   Prior to filing an application for involuntary hospitalization pursuant to section 229.6, the clerk of the district court or the clerk’s designee shall inform the interested person referred to in section 229.6, subsection 1, about the option of requesting a preapplication screening assessment through a preapplication screening assessment program, if available. The state court administrator shall prescribe practices and procedures for implementation of the preapplication screening assessment program.
    Sec. 44.  Section 229.6, Code 2013, is amended to read as follows:
   229.6  Application for order of involuntary hospitalization.
   1.  Proceedings for the involuntary hospitalization of an individual
 
pursuant to this chapter or for the involuntary commitment or treatment of a person with a substance-related disorder to a facility pursuant to chapter 125 may be commenced by any interested person by filing a verified application with the clerk of the district court of the county where the respondent is presently located, or which is the respondent’s place of residence. The clerk, or the clerk’s designee, shall assist the applicant in completing the application.
   2.  The application shall:
   a.  State the applicant’s belief that the respondent is seriously mentally impaired.
 
a person who presents a danger to self or others and lacks judgmental capacity due to either of the following:
   (1)  A substance-related disorder as defined in section 125.2.
   (2)  A serious mental impairment as defined in section 229.1.
   b.  State any other pertinent facts
 
in support of each belief described in paragraph “a”.
   c.  Be accompanied by any of the following:
   (1)  A written statement of a licensed physician in support of the application.
   (2)  One or more supporting affidavits otherwise corroborating the application.
   (3)  Corroborative information obtained and reduced to writing by the clerk or the clerk’s designee, but only when circumstances make it infeasible to comply with, or when the clerk considers it appropriate to supplement the information supplied pursuant to, either subparagraph (1) or (2).
   2.

3.  Prior to the filing of an application pursuant to this section, the clerk or the clerk’s designee shall inform the interested person referred to in subsection 1 about the option of requesting a preapplication screening assessment pursuant to section 229.5A.
   4.  The supreme court shall prescribe rules and establish forms as necessary to carry out the provisions of this section.
    Sec. 45.  Section 229.6A, subsection 1, Code 2013, is amended to read as follows:
   1.  Notwithstanding section 229.11, the juvenile court has exclusive original jurisdiction in proceedings concerning a minor for whom an application for involuntary admission is filed under section 229.6 or for whom an application for voluntary admission is made under section 229.2, subsection 1, to which the minor objects. In proceedings under this chapter concerning a minor, notwithstanding section 229.11, the term “court”, “judge”, or “clerk” means the juvenile court, judge, or clerk.
    Sec. 46.  Section 229.7, Code 2013, is amended to read as follows:
   229.7  Service of notice upon respondent.
   Upon the filing of an application for involuntary hospitalization
 
pursuant to section 229.6, the clerk shall docket the case and immediately notify a district court judge, district associate judge, or magistrate who is admitted to the practice of law in this state, who shall review the application and accompanying documentation. If the application is adequate as to form, the court may set a time and place for a hearing on the application, if feasible, but the hearing shall not be held less than forty-eight hours after notice to the respondent unless the respondent waives such minimum prior notice requirement. The court shall direct the clerk to send copies of the application and supporting documentation, together with a notice informing the respondent of the procedures required by this chapter, to the sheriff or the sheriff’s deputy for immediate service upon the respondent. If the respondent is taken into custody under section 229.11, service of the application, documentation and notice upon the respondent shall be made at the time the respondent is taken into custody.
    Sec. 47.  Section 229.8, unnumbered paragraph 1, Code 2013, is amended to read as follows:
   As soon as practicable after the filing of an application for involuntary hospitalization
 
pursuant to section 229.6, the court shall:
    Sec. 48.  Section 229.9, Code 2013, is amended to read as follows:
   229.9  Respondent’s attorney informed.
   The court shall direct the clerk to furnish at once to the respondent’s attorney copies of the application for involuntary hospitalization of the respondent
 
filed pursuant to section 229.6 and the supporting documentation, and of the court’s order issued pursuant to section 229.8, subsection 3. If the respondent is taken into custody under section 229.11, the attorney shall also be advised of that fact. The respondent’s attorney shall represent the respondent at all stages of the proceedings, and shall attend the hospitalization hearing.
    Sec. 49.  Section 229.21, subsection 2, Code 2013, is amended to read as follows:
   2.  When an application for involuntary hospitalization under this chapter or an application for involuntary commitment or treatment of persons with substance-related disorders under sections
 
section 229.6 or 125.75 to 125.94 is filed with the clerk of the district court in any county for which a judicial hospitalization referee has been appointed, and no district judge, district associate judge, or magistrate who is admitted to the practice of law in this state is accessible, the clerk shall immediately notify the referee in the manner required by section 229.7 or section 125.77. The referee shall discharge all of the duties imposed upon the court by sections 229.7 to 229.22 or sections 125.75 to 125.94 in the proceeding so initiated. Subject to the provisions of subsection 4, orders issued by a referee, in discharge of duties imposed under this section, shall have the same force and effect as if ordered by a district judge. However, any commitment to a facility regulated and operated under chapter 135C shall be in accordance with section 135C.23.
    Sec. 50.  Section 229.22, subsection 3, Code 2013, is amended to read as follows:
   3.  The chief medical officer of the facility or hospital shall examine and may detain and care for the person taken into custody under the magistrate’s order for a period not to exceed forty-eight hours from the time such order is dated, excluding Saturdays, Sundays and holidays, unless the order is sooner dismissed by a magistrate. The facility or hospital may provide treatment which is necessary to preserve the person’s life, or to appropriately control behavior by the person which is likely to result in physical injury to the person’s self or others if allowed to continue, but may not otherwise provide treatment to the person without the person’s consent. The person shall be discharged from the facility or hospital and released from custody not later than the expiration of that period, unless an application for the person’s involuntary hospitalization is sooner filed with the clerk pursuant to section 229.6. Prior to such discharge the facility or hospital shall, if required by this section, notify the law enforcement agency requesting such notification about the discharge of the person. The law enforcement agency shall retrieve the person no later than six hours after notification from the facility or hospital but in no circumstances shall the detention of the person exceed the period of time prescribed for detention by this subsection. The detention of any person by the procedure and not in excess of the period of time prescribed by this section shall not render the peace officer, physician, facility, or hospital so detaining that person liable in a criminal or civil action for false arrest or false imprisonment if the peace officer, physician, facility, or hospital had reasonable grounds to believe the person so detained was mentally ill and likely to physically injure the person’s self or others if not immediately detained, or if the facility or hospital was required to notify a law enforcement agency by this section, and the law enforcement agency requesting notification prior to discharge retrieved the person no later than six hours after the notification, and the detention prior to the retrieval of the person did not exceed the period of time prescribed for detention by this subsection.
    Sec. 51.  Section 229.24, subsection 1, Code 2013, is amended to read as follows:
   1.  All papers and records pertaining to any involuntary hospitalization or application for involuntary hospitalization
 
pursuant to section 229.6 of any person under this chapter, whether part of the permanent record of the court or of a file in the department of human services, are subject to inspection only upon an order of the court for good cause shown.
    Sec. 52.  Section 229.27, subsection 2, Code 2013, is amended to read as follows:
   2.  The applicant may, in initiating a petition for involuntary hospitalization of a person under section 229.6 or at any subsequent time prior to conclusion of the involuntary hospitalization proceeding, also petition the court for a finding that the person is incompetent by reason of mental illness. The test of competence for the purpose of this section shall be whether the person possesses sufficient mind to understand in a reasonable manner the nature and effect of the act in which the person is engaged; the fact that a person is mentally ill and in need of treatment for that illness but because of the illness lacks sufficient judgment to make responsible decisions with respect to the person’s hospitalization or treatment does not necessarily mean that that person is incapable of transacting business on any subject.
    Sec. 53.  Section 602.1209, subsection 16, Code 2013, is amended to read as follows:
   16.  Prescribe practices and procedures for the implementation of the preapplication screening assessment program referred to in section
 
sections 125.75A and 229.5A.
    Sec. 54.  REPEAL.  Sections 125.75B and 229.2A, Code 2013, are repealed.
    Sec. 55.  STUDY —— BED AVAILABILITY TRACKING SYSTEM.  The department of human services shall conduct a study regarding the possible development of a hospital bed tracking system in order to most efficiently and effectively serve the needs of persons suffering from mental illness. The department shall submit a report of the study and make recommendations to the governor and the general assembly by December 16, 2013.
EXPLANATION
   DIVISION I —— DEPARTMENTAL RESPONSIBILITY FOR MENTAL HEALTH ADVOCATES. This division establishes an office of mental health advocate in the department of human rights and specifies duties for the administrator of the office. A transition provision directs the department to commence organizational activities during FY 2013-2014 as necessary to fully implement the new departmental office and all of the bill’s division II provisions on July 1, 2014. The department is granted emergency rulemaking authority if necessary to achieve the implementation date.
   This division takes effect July 1, 2013.
   DIVISION II —— IMPLEMENTATION. This division provides for implementation of the change in administration of the mental health advocates on July 1, 2014, including conforming changes to various Code sections.
   Code section 225C.4, relating to the duties of the administrator of the mental health and disability services division of the department of human services, is amended to correct a reference to mental health advocates and to include the department of human rights in a duty for providing consultation and technical assistance to advocates.
   Code section 226.31, relating to an application for a court order for transfer of a dangerous patient from a state mental health institute, is amended to correct a reference to the advocate to be included in a notice of a hearing.
   Code section 229.2, relating to admissions of juvenile mental health patients, is amended to correct a reference to the appointment of a mental health advocate for juveniles involuntarily committed.
   Code section 229.9A, relating to requirements for the clerk of court to notify a mental health advocate of application and order information, is amended to correct a reference to the advocate, to eliminate a reference to county of legal settlement, and to authorize the advocate to attend any court hearing involving the respondent.
   Code section 229.12, relating to the procedure for hospitalization hearings, is amended to correct a reference to the advocate and to eliminate a reference to county of legal settlement.
   Code section 229.14A, relating to notice requirements for involuntary commitment placement orders and transfers, is amended to require notice to correct a reference to the advocate and to eliminate a reference to a procedure for withdrawal of an attorney that is revised by the bill.
   Code section 229.15, relating to the periodic reports required when hospitalization of a patient is continued by court order, is amended to require the report to be provided to the advocate.
   Code section 229.19, the primary Code provision for mental health advocates, is extensively revised to insert the new department of human rights’ office of mental health advocate in place of the counties. The court is required to notify the office when a patient is found to be seriously mentally impaired and the office is required to appoint the advocate. A procedure for continuation of the respondent’s attorney when a patient is found to be seriously mentally impaired is revised to require the attorney to cooperate with the patient’s advocate instead of assuming the duties of an advocate. Responsibility for compensation of the mental health advocate is shifted to the office and the office is required to recover the costs of the mental health advocate if the person is not indigent.
   Code section 229.25, relating to exceptions for release of medical records maintained by a hospital or other treatment facility, is amended to correct a reference to the advocate regarding the release of the records to the advocate when the patient has signed a waiver.
   The bill includes a transition section outlining sick time, vacation leave, and health, life, and disability insurance rights of county employees who become employees of the department of human rights in accordance with the bill.
   This division takes effect July 1, 2014.
   DIVISION III —— INVOLUNTARY COMMITMENTS —— PERSONS WITH INTELLECTUAL DISABILITIES. Current Code chapter 222 contains both a voluntary admission process and an involuntary commitment process to provide treatment, training, instruction, care, habilitation, and support of persons with an intellectual disability. Current law also provides that if a guardianship is proposed for a person with an intellectual disability, such proceedings shall be initiated and conducted pursuant to Code chapter 633 (provisions under probate code). This division repeals provisions in Code chapter 222 relating to the involuntary commitment process and makes conforming Code changes. This division takes effect July 1, 2014.
   DIVISION IV —— INVOLUNTARY COMMITMENTS —— SUBSTANCE-RELATED DISORDERS AND MENTAL ILLNESS.
   PREAPPLICATION SCREENING ASSESSMENT. This division provides that prior to filing an application for involuntary commitment or treatment under Code chapter 125 (substance-related disorder) or for involuntary hospitalization under Code chapter 229 (mental illness), the clerk of the district court or the clerk’s designee shall inform the interested person who intends to file the application about the option of requesting a preapplication screening assessment through a preapplication screening assessment program, if available. The state court administrator is required to prescribe practices and procedures for implementation of the preapplication screening assessment program.
   Conforming Code changes are made relating to the duties of the district court clerk and the state court administrator.
   APPLICATION FOR INVOLUNTARY COMMITMENT OR TREATMENT OR INVOLUNTARY HOSPITALIZATION. Current law provides for separate applications for the involuntary commitment or treatment of a person with a substance-related disorder under Code chapter 125 and for the involuntary hospitalization of a person with a serious mental impairment under Code chapter 229. The division combines both applications and allows an interested person to file one application under either Code chapter 125 or 229 with the clerk of the district court of the county where the respondent is located or where the respondent resides. The interested person is required to state on the application the person’s belief that the respondent presents a danger to self or others and lacks judgmental capacity due to either a substance-related disorder or a serious mental impairment. The applicant must also state facts in support of each claim and, consistent with current law, provide a written statement of a licensed physician, one or more supporting affidavits, or any other corroborative information as determined by the clerk of the district court in support of the application. The division requires the supreme court to adopt rules and establish forms as necessary to carry out the amended provisions.
   The bill makes conforming changes by amending certain provisions in both Code chapters 125 and 229 that make references to the filing of separate commitment applications and repeals provisions allowing for dual filings of both applications.
   STUDY —— BED AVAILABILITY TRACKING SYSTEM. This division requires the department of human services to conduct a study regarding the possible development of a hospital bed tracking system in order to most efficiently and effectively serve the needs of persons suffering from mental illness. The department is required to submit a report of the study and make recommendations to the governor and the general assembly by December 16, 2013.