Senate Study Bill 1192 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOGG) 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 a mental health advocate division in the department 4 of inspections and appeals and including effective date 5 provisions. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 1064SC (4) 85 rh/rj

S.F. _____ DIVISION I 1 DEPARTMENTAL RESPONSIBILITY FOR MENTAL HEALTH ADVOCATES 2 Section 1. NEW SECTION . 10A.901 Definitions. 3 As used in this article, unless the context otherwise 4 requires: 5 1. “Administrator” means the person coordinating the 6 administration of this division. 7 2. “Division” means the mental health advocate division of 8 the department of inspections and appeals. 9 Sec. 2. NEW SECTION . 10A.902 Duties of administrator. 10 The administrator shall coordinate the division’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. Recommending the hiring of persons to serve as mental 15 health advocates and other division staff and identifying 16 qualifications. The minimum qualifications for a mental health 17 advocate whose initial appointment commences on or after July 18 1, 2013, shall be a bachelor’s degree from an accredited 19 school, college, or university or related postsecondary 20 education coursework in social science, education, nursing, or 21 other related field and at least one year of work experience in 22 mental health treatment. 23 2. Training and supervising division staff. 24 3. Providing and regularly updating a list of those persons 25 qualified to serve as a mental health advocate for the service 26 areas utilized by the mental health advocate program. If 27 deemed to be prudent by the administrator in order to improve 28 or maintain the quality of services, the administrator or the 29 administrator’s designee may petition the court to change the 30 advocate appointed by the court or to transfer the venue of the 31 appointment or the hospitalization proceeding as provided in 32 section 229.44. 33 4. Administering program additions and expansions, 34 including providing advocate services for persons with a 35 -1- LSB 1064SC (4) 85 rh/rj 1/ 29

S.F. _____ substance-related disorder and persons found not guilty 1 by reason of insanity, if such additions or expansions are 2 authorized and funded. 3 5. Developing and implementing a case weight system for use 4 in appointing and compensating advocates. 5 6. Administering case reviews and audits. 6 Sec. 3. TRANSITION. 7 1. The department of inspections and appeals shall commence 8 organizational activities during the fiscal year beginning July 9 1, 2013, as necessary to fully implement this division and 10 assume responsibility for mental health advocates as provided 11 in this division and division II of this Act on July 1, 2014. 12 2. If necessary for the purposes of subsection 1, the 13 department of inspections and appeals may adopt emergency 14 rules under section 17A.4, subsection 3, and section 17A.5, 15 subsection 2, paragraph “b”, to implement the provisions of 16 division II of this Act on July 1, 2014, and the rules shall 17 be effective immediately upon filing unless a later date is 18 specified in the rules. Any rules adopted in accordance with 19 this section shall also be published as a notice of intended 20 action as provided in section 17A.4. 21 DIVISION II 22 IMPLEMENTATION —— MENTAL HEALTH ADVOCATES 23 Sec. 4. Section 225C.4, subsection 1, paragraph m, Code 24 2013, is amended to read as follows: 25 m. Provide consultation and technical assistance to 26 patients’ mental health advocates appointed pursuant to 27 section 229.19 , in cooperation with the judicial branch and 28 the department of inspections and appeals, and to the resident 29 advocate committees appointed for health care facilities 30 pursuant to section 135C.25 . 31 Sec. 5. Section 226.31, Code 2013, is amended to read as 32 follows: 33 226.31 Examination by court —— notice. 34 Before granting the order authorized in section 226.30 35 -2- LSB 1064SC (4) 85 rh/rj 2/ 29

S.F. _____ the court or judge shall investigate the allegations of the 1 petition and before proceeding to a hearing on the allegations 2 shall require notice to be served on the attorney who 3 represented the patient in any prior proceedings under sections 4 229.6 to 229.15 or the and to any mental health advocate 5 appointed for the patient under section 229.19 , or in the case 6 of a patient who entered the hospital voluntarily, on any 7 relative, friend, or guardian of the person in question of the 8 filing of the application. At the hearing the court or judge 9 shall appoint a guardian ad litem for the person, if the court 10 or judge deems such action necessary to protect the rights 11 of the person. The guardian ad litem shall be a practicing 12 attorney. 13 Sec. 6. Section 229.2, subsection 1, paragraph b, 14 subparagraph (6), Code 2013, is amended to read as follows: 15 (6) Upon approval of the admission of a minor over the 16 minor’s objections, the juvenile court shall appoint an 17 individual to act as an the mental health advocate representing 18 the interests of for the minor in the same manner as an 19 advocate representing the interests of patients involuntarily 20 hospitalized pursuant to in accordance with section 229.19 . 21 Sec. 7. Section 229.9A, Code 2013, is amended to read as 22 follows: 23 229.9A Advocate Mental health advocate informed —— hearings . 24 The court shall direct the clerk to furnish the office 25 of the mental health advocate of the respondent’s county of 26 legal settlement designated for the court by the department 27 of inspections and appeals with a copy of application and any 28 order issued pursuant to section 229.8, subsection 3 . The 29 mental health advocate designated for the court may attend 30 the hospitalization any court hearing of any involving the 31 respondent for whom the advocate has received notice of a 32 hospitalization hearing . 33 Sec. 8. Section 229.12, subsection 2, Code 2013, is amended 34 to read as follows: 35 -3- LSB 1064SC (4) 85 rh/rj 3/ 29

S.F. _____ 2. All persons not necessary for the conduct of the 1 proceeding shall be excluded, except that the court may admit 2 persons having a legitimate interest in the proceeding and 3 shall permit the mental health advocate from the respondent’s 4 county of legal settlement designated for the court by the 5 department of inspections and appeals to attend the hearing. 6 Upon motion of the county attorney, the judge may exclude 7 the respondent from the hearing during the testimony of any 8 particular witness if the judge determines that witness’s 9 testimony is likely to cause the respondent severe emotional 10 trauma. 11 Sec. 9. Section 229.14A, subsection 1, Code 2013, is amended 12 to read as follows: 13 1. With respect to a chief medical officer’s report made 14 pursuant to section 229.14, subsection 1 , paragraph “b” , “c” , 15 or “d” , or any other provision of this chapter related to 16 involuntary commitment for which the court issues a placement 17 order or a transfer of placement is authorized, the court shall 18 provide notice to the respondent , and the respondent’s attorney 19 or , and any mental health advocate appointed for the respondent 20 pursuant to section 229.19 concerning the placement order 21 and the respondent’s right to request a placement hearing to 22 determine if the order for placement or transfer of placement 23 is appropriate. 24 Sec. 10. Section 229.14A, subsection 5, paragraph c, Code 25 2013, is amended to read as follows: 26 c. If the respondent’s attorney has withdrawn pursuant to 27 section 229.19 , the court shall appoint an attorney for the 28 respondent in the manner described in section 229.8, subsection 29 1 . 30 Sec. 11. Section 229.15, subsection 6, Code 2013, is amended 31 to read as follows: 32 6. Upon receipt of any report required or authorized by 33 this section the court shall furnish a copy to the patient’s 34 attorney , or alternatively and to the mental health advocate 35 -4- LSB 1064SC (4) 85 rh/rj 4/ 29

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

S.F. _____ the patient. 1 c. The advocate’s responsibility with respect to any patient 2 shall begin at whatever time the attorney employed or appointed 3 to represent that patient as respondent in hospitalization 4 proceedings, conducted under sections 229.6 to 229.13 , reports 5 to the court that the attorney’s services are no longer 6 required and requests the court’s approval to withdraw as 7 counsel for that patient. However, if 8 b. If the patient is found to be seriously mentally impaired 9 at the hospitalization hearing, the attorney representing the 10 patient shall automatically be relieved of responsibility in 11 the case and an a mental health advocate shall be assigned to 12 appointed for the patient at the conclusion of the hearing 13 unless the attorney indicates an intent to continue the 14 attorney’s services and . The court shall appoint the advocate 15 from a list of qualified persons provided to the court by the 16 administrator of the division of mental health advocates of 17 the department of inspections and appeals in accordance with 18 section 10A.902. The advocate’s responsibility with respect 19 to a patient shall begin when the advocate is appointed for 20 the patient. The attorney representing the patient shall 21 automatically be relieved of responsibility at the conclusion 22 of the hearing unless the attorney requests to continue 23 representation and the court so directs authorizes the attorney 24 to remain on the case . If the court directs the attorney to 25 remain on the case, the attorney shall assume all the duties 26 of an advocate cooperate with the advocate appointed for the 27 patient . The clerk shall furnish the advocate with a copy of 28 the court’s order approving the withdrawal or continuation of 29 the attorney and shall inform the patient of the name of the 30 patient’s advocate. 31 d. c. With regard to each patient whose interests the 32 for whom a mental health advocate is required to represent 33 appointed pursuant to this section , the advocate’s duties shall 34 include all of the following: 35 -6- LSB 1064SC (4) 85 rh/rj 6/ 29

S.F. _____ (1) To review each report submitted pursuant to sections 1 229.14 and 229.15 . 2 (2) If the advocate is not an attorney, to To advise the 3 court at any time it appears that the services of an attorney 4 are required to properly safeguard the patient’s interests. 5 (3) To be readily accessible to communications from the 6 patient and to originate communications with the patient within 7 five days of the patient’s commitment. 8 (4) To visit the patient within fifteen days of the 9 patient’s commitment and periodically thereafter. 10 (5) To communicate with medical personnel treating the 11 patient and to review the patient’s medical records pursuant 12 to section 229.25 . 13 (6) To file with the court and the division quarterly 14 reports, and additional reports as the advocate feels necessary 15 or as required by the court or the division , in a form 16 prescribed by the court or the division, as applicable . The 17 reports shall state what actions the advocate has taken with 18 respect to each patient and the amount of time spent. 19 (7) To utilize the related best practices for the duties 20 identified in this paragraph “d” “c” developed and promulgated 21 by the judicial council. 22 e. d. An Subject to the availability of funding 23 appropriated for this purpose, a mental health advocate may 24 also be appointed pursuant to this section for an individual 25 who has been diagnosed with a co-occurring mental illness and 26 substance-related substance-related disorder. 27 2. The hospital or facility to which a patient is committed 28 shall grant all reasonable requests of the patient’s mental 29 health advocate to visit the patient, to communicate with 30 medical personnel treating the patient, and to review the 31 patient’s medical records pursuant to section 229.25 . An 32 advocate shall not disseminate information from a patient’s 33 medical records to any other person unless done for official 34 purposes in connection with the advocate’s duties pursuant to 35 -7- LSB 1064SC (4) 85 rh/rj 7/ 29

S.F. _____ this chapter or when required by law. 1 3. The court or, if the advocate is appointed by the county 2 board of supervisors, the board division shall prescribe 3 provide reasonable compensation for the services of the 4 advocate in accordance with section 10A.902 . The compensation 5 shall be based upon the reports filed by the advocate with 6 the court. The advocate’s compensation shall be paid by the 7 county in which the court is located, either on order of the 8 court or, if the advocate is appointed by the county board of 9 supervisors, on the direction of the board. If the advocate 10 is appointed by the court, the advocate is an employee of 11 the state for purposes of chapter 669 . If the advocate is 12 appointed by the county board of supervisors, the advocate is 13 an employee of the county for purposes of chapter 670 . If the 14 patient or the person who is legally liable for the patient’s 15 support is not indigent, the board division shall recover 16 the costs of compensating the advocate from that person. If 17 that person has an income level as determined pursuant to 18 section 815.9 greater than one hundred percent but not more 19 than one hundred fifty percent of the poverty guidelines, 20 at least one hundred dollars of the advocate’s compensation 21 shall be recovered in the manner prescribed by the county 22 board of supervisors. If that person has an income level as 23 determined pursuant to section 815.9 greater than one hundred 24 fifty percent of the poverty guidelines, at least two hundred 25 dollars of the advocate’s compensation shall be recovered in 26 substantially the same manner prescribed by the county board of 27 supervisors as provided in section 815.9 . 28 Sec. 13. Section 229.25, subsection 1, paragraph a, 29 subparagraph (1), Code 2013, is amended to read as follows: 30 (1) The information is requested by a licensed physician, 31 attorney , or the mental health advocate who provides appointed 32 for the person. The requester must provide the chief medical 33 officer with a written waiver signed by the person about whom 34 the information is sought. 35 -8- LSB 1064SC (4) 85 rh/rj 8/ 29

S.F. _____ Sec. 14. TRANSITION OF EMPLOYEE RIGHTS OF FORMER COUNTY 1 EMPLOYEES. 2 1. If appointed by the director of the department of 3 inspections and appeals as a mental health advocate pursuant 4 to section 10A.902, county employees paid for mental health 5 advocate services under section 229.19 shall become employees 6 of the department of inspections and appeals effective July 7 1, 2014, and the department shall assume all costs associated 8 with the functions of the employees on that date. Employees 9 who were paid salaries by the counties immediately prior to 10 becoming state employees as a result of this Act shall not 11 forfeit accrued vacation, accrued sick leave, or benefits 12 related to longevity of service, except as provided in this 13 section. 14 2. The department of inspections and appeals, after 15 consulting with the department of administrative services, 16 shall adopt rules to provide for the following: 17 a. A person referred to in subsection 1 shall have to the 18 person’s credit as a state employee commencing on the date of 19 becoming a state employee the number of accrued vacation days 20 that was credited to the person as a county employee as of the 21 end of the day prior to becoming a state employee. 22 b. Each person referred to in subsection 1 shall have to 23 the person’s credit as a state employee commencing on the 24 date of becoming a state employee the number of accrued days 25 of sick leave that was credited to the person as a county 26 employee as of the end of the day prior to becoming a state 27 employee. However, the number of days of sick leave credited 28 to a person under this subsection and eligible to be taken 29 when sick or eligible to be received upon retirement shall not 30 respectively exceed the maximum number of days, if any, or the 31 maximum dollar amount as provided in section 70A.23 that state 32 employees generally are entitled to accrue or receive according 33 to rules in effect as of the date the person becomes a state 34 employee. 35 -9- LSB 1064SC (4) 85 rh/rj 9/ 29

S.F. _____ c. Commencing on the date of becoming a state employee, each 1 person referred to in subsection 1 is entitled to claim the 2 person’s most recent continuous period of service in full-time 3 county employment as full-time state employment for purposes 4 of determining the number of days of vacation which the person 5 is entitled to earn each year. The actual vacation benefit, 6 including the limitation on the maximum accumulated vacation 7 leave, shall be determined as provided in section 70A.1 8 according to rules in effect for state employees of comparable 9 longevity, irrespective of any greater or lesser benefit as a 10 county employee. 11 3. Persons referred to in subsection 1 who were covered 12 by county employee life insurance and accident and health 13 insurance plans prior to becoming state employees in accordance 14 with this section shall be permitted to apply prior to becoming 15 state employees for life insurance and health and accident 16 insurance plans that are available to state employees so that 17 those persons do not suffer a lapse of insurance coverage as 18 a result of this section. The department of inspections and 19 appeals, after consulting with the department of administrative 20 services, shall prescribe rules and distribute application 21 forms and take other actions as necessary to enable those 22 persons to elect to have insurance coverage that is in effect 23 on the date of becoming state employees. The actual insurance 24 coverage available to a person shall be determined by the plans 25 that are available to state employees, irrespective of any 26 greater or lesser benefits that may have been available to the 27 person as a county employee. 28 4. 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 of 32 determining disability benefits as provided in section 70A.20 33 according to rules in effect for state employees of comparable 34 longevity, irrespective of any greater or lesser benefit that 35 -10- LSB 1064SC (4) 85 rh/rj 10/ 29

S.F. _____ may have been available to the person as a county employee. 1 Sec. 15. EFFECTIVE DATE. This division of this Act takes 2 effect July 1, 2014. 3 DIVISION III 4 INVOLUNTARY COMMITMENTS —— PERSONS WITH INTELLECTUAL 5 DISABILITIES 6 Sec. 16. Section 48A.2, subsection 3, Code 2013, is amended 7 to read as follows: 8 3. “Person who is incompetent to vote” means a person with an 9 intellectual disability who has been found to lack the mental 10 capacity to vote in a proceeding held pursuant to section 11 222.31 or 633.556 . 12 Sec. 17. Section 222.6, Code 2013, is amended to read as 13 follows: 14 222.6 State districts. 15 The administrator shall divide the state into two districts 16 in such manner that one of the resource centers shall be 17 located within each of the districts. Such districts may 18 from time to time be changed. After such districts have 19 been established, the administrator shall notify all boards 20 of supervisors, county auditors, and clerks of the district 21 courts of the action. Thereafter, unless the administrator 22 otherwise orders, all admissions or commitments of persons with 23 an intellectual disability from a district shall be to the 24 resource center located within such district. 25 Sec. 18. Section 222.12, subsection 2, Code 2013, is amended 26 to read as follows: 27 2. Notice of the death of the patient, and the cause of 28 death, shall be sent to the county board of supervisors and to 29 the judge of the court that had jurisdiction over a committed 30 patient . The fact of death with the time, place, and alleged 31 cause shall be entered upon the docket of the court. 32 Sec. 19. Section 222.15, subsection 3, Code 2013, is amended 33 by striking the subsection. 34 Sec. 20. Section 222.59, subsection 3, Code 2013, is amended 35 -11- LSB 1064SC (4) 85 rh/rj 11/ 29

S.F. _____ by striking the subsection. 1 Sec. 21. Section 222.60, subsection 1, unnumbered paragraph 2 1, Code 2013, is amended to read as follows: 3 All necessary and legal expenses for the cost of admission 4 or commitment or for the treatment, training, instruction, 5 care, habilitation, support and transportation of persons with 6 an intellectual disability, as provided for in the county 7 management plan provisions implemented pursuant to section 8 331.439, subsection 1 , in a state resource center, or in a 9 special unit, or any public or private facility within or 10 without the state, approved by the director of the department 11 of human services, shall be paid by either: 12 Sec. 22. Section 222.61, Code 2013, is amended to read as 13 follows: 14 222.61 Legal settlement determined. 15 When a county receives an application on behalf of any person 16 for admission to a resource center or a special unit or when 17 a court issues an order committing any person to a resource 18 center or a special unit , the board of supervisors shall 19 utilize the central point of coordination process to determine 20 and certify that the legal settlement of the person is in one 21 of the following: 22 1. In the county in which the application is received or 23 court is located . 24 2. In some other county of the state. 25 3. In another state or in a foreign country. 26 4. Unknown. 27 Sec. 23. Section 222.64, Code 2013, is amended to read as 28 follows: 29 222.64 Foreign state or country or unknown legal settlement. 30 If the legal settlement of the person is determined by the 31 board of supervisors through the central point of coordination 32 process to be in a foreign state or country or is determined 33 to be unknown, the board of supervisors shall certify the 34 determination to the administrator. The certification shall 35 -12- LSB 1064SC (4) 85 rh/rj 12/ 29

S.F. _____ be accompanied by a copy of the evidence supporting the 1 determination. The care of the person shall be as arranged by 2 the board of supervisors or by an order as the court may enter. 3 Application for admission or order of commitment may be made 4 pending investigation by the administrator. 5 Sec. 24. Section 222.67, Code 2013, is amended to read as 6 follows: 7 222.67 Charge on finding of settlement. 8 If a person has been received into a resource center or a 9 special unit as a patient whose legal settlement is supposedly 10 outside the state or is unknown and the administrator 11 determines that the legal settlement of the patient was at the 12 time of admission or commitment in a county of this state, 13 the administrator shall certify the determination and charge 14 all legal costs and expenses pertaining to the admission or 15 commitment and support of the patient to the county of legal 16 settlement. The certification shall be sent to the county 17 of legal settlement. The certification shall be accompanied 18 by a copy of the evidence supporting the determination. If 19 the person’s legal settlement status has been determined in 20 accordance with section 225C.8 , the legal costs and expenses 21 shall be charged to the county or as a state case in accordance 22 with that determination. The costs and expenses shall be 23 collected as provided by law in other cases. 24 Sec. 25. Section 222.68, Code 2013, is amended to read as 25 follows: 26 222.68 Costs paid in first instance. 27 All necessary and legal expenses for the cost of admission or 28 commitment of a person to a resource center or a special unit 29 when the person’s legal settlement is found to be in another 30 county of this state shall in the first instance be paid by the 31 county from which the person was admitted or committed . The 32 county of legal settlement shall reimburse the county which 33 pays for all such expenses. Where any county fails to make 34 such reimbursement within forty-five days following submission 35 -13- LSB 1064SC (4) 85 rh/rj 13/ 29

S.F. _____ of a properly itemized bill to the county of legal settlement, 1 a penalty of not greater than one percent per month on and 2 after forty-five days from submission of the bill may be added 3 to the amount due. 4 Sec. 26. Section 222.69, Code 2013, is amended to read as 5 follows: 6 222.69 Payment by state. 7 All necessary and legal expenses for the cost of admission 8 or commitment of a person to a resource center or a special 9 unit when the person’s legal settlement is outside this state 10 or is unknown shall be paid out of any money in the state 11 treasury not otherwise appropriated. Such payments shall be 12 made on itemized vouchers executed by the auditor of the county 13 from which the expenses have been paid and approved by the 14 administrator. 15 Sec. 27. Section 222.70, Code 2013, is amended to read as 16 follows: 17 222.70 Legal settlement disputes. 18 If a dispute arises between counties or between the 19 department and a county as to the legal settlement of a person 20 admitted or committed to a resource center, a special unit, or 21 a community-based service, the dispute shall be resolved as 22 provided in section 225C.8 . 23 Sec. 28. Section 222.78, Code 2013, is amended to read as 24 follows: 25 222.78 Parents and others liable for support. 26 The father and mother of any patient admitted or committed to 27 a resource center or to a special unit, as either an inpatient 28 or an outpatient, and any person, firm, or corporation bound 29 by contract made for support of the patient are liable for the 30 support of the patient. The patient and those legally bound 31 for the support of the patient shall be liable to the county 32 for all sums advanced by the county to the state under the 33 provisions of sections 222.60 and 222.77 . The liability of 34 any person, other than the patient, who is legally bound for 35 -14- LSB 1064SC (4) 85 rh/rj 14/ 29

S.F. _____ the support of a patient who is under eighteen years of age 1 in a resource center or a special unit shall not exceed the 2 average minimum cost of the care of a normally intelligent 3 minor without a disability of the same age and sex as the 4 minor patient. The administrator shall establish the scale 5 for this purpose but the scale shall not exceed the standards 6 for personal allowances established by the state division 7 under the family investment program. The father or mother 8 shall incur liability only during any period when the father 9 or mother either individually or jointly receive a net income 10 from whatever source, commensurate with that upon which they 11 would be liable to make an income tax payment to this state. 12 The father or mother of a patient shall not be liable for the 13 support of the patient upon the patient attaining eighteen 14 years of age. Nothing in this section shall be construed to 15 prevent a relative or other person from voluntarily paying the 16 full actual cost as established by the administrator for caring 17 for the patient with an intellectual disability. 18 Sec. 29. Section 222.80, Code 2013, is amended to read as 19 follows: 20 222.80 Liability to county. 21 A person admitted or committed to a county institution 22 or home or admitted or committed at county expense to a 23 private hospital, sanitarium, or other facility for treatment, 24 training, instruction, care, habilitation, and support as a 25 patient with an intellectual disability shall be liable to the 26 county for the reasonable cost of the support as provided in 27 section 222.78 . 28 Sec. 30. Section 222.91, Code 2013, is amended to read as 29 follows: 30 222.91 Direct referral to special unit. 31 In addition to any other manner of referral , or admission , or 32 commitment to the special unit provided for by this chapter , 33 persons may be referred directly to the special unit by courts, 34 law enforcement agencies, or state penal or correctional 35 -15- LSB 1064SC (4) 85 rh/rj 15/ 29

S.F. _____ institutions for services under subsection 2 of section 222.88 , 1 subsection 2 ; but persons so referred shall not be admitted or 2 committed unless a preadmission diagnostic evaluation indicates 3 that the person would benefit from such services, and the 4 admission or commitment of the person to the special unit 5 would not cause the special unit’s patient load to exceed its 6 capacity. 7 Sec. 31. Section 232.51, Code 2013, is amended to read as 8 follows: 9 232.51 Disposition of child with mental illness or an 10 intellectual disability . 11 1. If the evidence received at an adjudicatory or a 12 dispositional hearing indicates that the child is mentally 13 ill, the court may direct the juvenile court officer or the 14 department to initiate proceedings or to assist the child’s 15 parent or guardian to initiate civil commitment proceedings in 16 the juvenile court and such proceedings in the juvenile court 17 shall adhere to the requirements of chapter 229 . 18 2. If the evidence received at an adjudicatory or a 19 dispositional hearing indicates that the child has an 20 intellectual disability, the court may direct the juvenile 21 court officer or the department to initiate proceedings 22 or to assist the child’s parent or guardian to initiate 23 civil commitment proceedings in the juvenile court and such 24 proceedings shall adhere to the requirements of chapter 222 . 25 3. 2. a. If prior to the adjudicatory or dispositional 26 hearing on the pending delinquency petition, the child is 27 committed as a child with a mental illness or an intellectual 28 disability and is ordered into a residential facility, 29 institution, or hospital for inpatient treatment, the 30 delinquency proceeding shall be suspended until such time as 31 the juvenile court either terminates the civil commitment 32 order or the child is released from the residential facility, 33 institution, or hospital for purposes of receiving outpatient 34 treatment. 35 -16- LSB 1064SC (4) 85 rh/rj 16/ 29

S.F. _____ b. During any time that the delinquency proceeding is 1 suspended pursuant to this subsection, any time limits for 2 speedy adjudicatory hearings and continuances shall be tolled. 3 c. This subsection shall not apply to waiver hearings held 4 pursuant to section 232.45 . 5 Sec. 32. Section 331.756, subsection 42, Code 2013, is 6 amended by striking the subsection. 7 Sec. 33. Section 602.8102, subsections 36 and 37, Code 2013, 8 are amended by striking the subsections. 9 Sec. 34. REPEAL. Sections 222.16 through 222.33, sections 10 222.36 through 222.49, section 222.51, and sections 222.54 11 through 222.58, Code 2013, are repealed. 12 Sec. 35. EFFECTIVE DATE. This division of this Act takes 13 effect July 1, 2014. 14 DIVISION IV 15 INVOLUNTARY COMMITMENTS —— 16 SUBSTANCE-RELATED DISORDERS AND MENTAL ILLNESS 17 Sec. 36. NEW SECTION . 125.74A Preapplication screening 18 assessment —— program. 19 Prior to filing an application pursuant to section 125.75, 20 the clerk of the district court or the clerk’s designee shall 21 inform the interested person referred to in section 125.75 22 about the option of requesting a preapplication screening 23 assessment through a preapplication screening assessment 24 program, if available. The state court administrator shall 25 prescribe practices and procedures for implementation of the 26 preapplication screening assessment program. 27 Sec. 37. Section 125.75, Code 2013, is amended to read as 28 follows: 29 125.75 Involuntary commitment or treatment —— application 30 Application . 31 1. Proceedings for the involuntary commitment or treatment 32 of a person with a substance-related disorder to a facility 33 pursuant to this chapter or for the involuntary hospitalization 34 of a person pursuant to chapter 229 may be commenced by 35 -17- LSB 1064SC (4) 85 rh/rj 17/ 29

S.F. _____ the county attorney or an any interested person by filing a 1 verified application with the clerk of the district court of 2 the county where the respondent is presently located or which 3 is the respondent’s place of residence. The clerk or the 4 clerk’s designee shall assist the applicant in completing the 5 application. 6 2. The application shall: 7 1. a. State the applicant’s belief that the respondent is a 8 person with a substance-related disorder. who presents a danger 9 to self or others and lacks judgmental capacity due to either 10 of the following: 11 (1) A substance-related disorder as defined in section 12 125.1. 13 (2) A serious mental impairment as defined in section 229.1. 14 2. b. State any other pertinent facts in support of each 15 belief described in paragraph “a” . 16 3. c. Be accompanied by one or more of the following: 17 a. (1) A written statement of a licensed physician in 18 support of the application. 19 b. (2) One or more supporting affidavits corroborating the 20 application. 21 c. (3) Corroborative information obtained and reduced to 22 writing by the clerk or the clerk’s designee, but only when 23 circumstances make it infeasible to obtain, or when the clerk 24 considers it appropriate to supplement, the information under 25 either paragraph “a” subparagraph (1) or paragraph “b” (2) . 26 3. Prior to the filing of an application pursuant to this 27 section, the clerk or the clerk’s designee shall inform the 28 interested person referred to in subsection 1 about the option 29 of requesting a preapplication screening assessment pursuant 30 to section 125.74A. 31 4. The supreme court shall prescribe rules and establish 32 forms as necessary to carry out the provisions of this section. 33 Sec. 38. Section 125.75A, Code 2013, is amended to read as 34 follows: 35 -18- LSB 1064SC (4) 85 rh/rj 18/ 29