House File 91 - Introduced HOUSE FILE 91 BY HEDDENS , HEATON , and PRICHARD A BILL FOR An Act relating to the appointment of mental health advocates. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 1600YH (3) 86 rh/rj

H.F. 91 Section 1. Section 229.19, subsection 1, paragraphs a and b, 1 Code 2015, are amended to read as follows: 2 a. In each county , with a population of three hundred 3 thousand or more inhabitants the board of supervisors shall 4 appoint an individual who has demonstrated by prior activities 5 an informed concern for the welfare and rehabilitation of 6 persons with mental illness, and who is not an officer or 7 employee of the department of human services nor of any agency 8 or facility providing care or treatment to persons with mental 9 illness, to act as an advocate representing the interests of 10 patients involuntarily hospitalized by the court, in any matter 11 relating to the patients’ hospitalization or treatment under 12 section 229.14 or 229.15 . In each county with a population of 13 under three hundred thousand inhabitants, the chief judge of 14 the judicial district encompassing the county shall appoint the 15 advocate. 16 b. The court or, if the advocate is appointed by the county 17 board of supervisors, the board shall assign the advocate 18 appointed from a patient’s county of residence to represent 19 the interests of the patient. If a patient has no county of 20 residence or the patient is a state case , the court or, if the 21 advocate is appointed by the county board of supervisors, the 22 board shall assign the advocate appointed from the county where 23 the hospital or facility is located to represent the interests 24 of the patient. 25 Sec. 2. Section 229.19, subsection 3, Code 2015, is amended 26 to read as follows: 27 3. The court or, if the advocate is appointed by the 28 county board of supervisors, the board shall prescribe 29 reasonable compensation for the services of the advocate. The 30 compensation shall be based upon the reports filed by the 31 advocate with the court the duties performed by the advocate 32 and in accordance with the personnel policies set forth by 33 the board for county employees . The advocate’s compensation 34 shall be paid by the county in which the court is located , 35 -1- LSB 1600YH (3) 86 rh/rj 1/ 3

H.F. 91 either on order of the court or, if the advocate is appointed 1 by the county board of supervisors, on the direction of the 2 board . If the advocate is appointed by the court, the advocate 3 is an employee of the state for purposes of chapter 669 . If 4 the advocate is appointed by the county board of supervisors, 5 the The advocate is an employee of the county for purposes 6 of chapter 670 . If the patient or the person who is legally 7 liable for the patient’s support is not indigent, the board 8 shall recover the costs of compensating the advocate from that 9 person. If that person has an income level as determined 10 pursuant to section 815.9 greater than one hundred percent 11 but not more than one hundred fifty percent of the poverty 12 guidelines, at least one hundred dollars of the advocate’s 13 compensation shall be recovered in the manner prescribed by 14 the county board of supervisors. If that person has an income 15 level as determined pursuant to section 815.9 greater than 16 one hundred fifty percent of the poverty guidelines, at least 17 two hundred dollars of the advocate’s compensation shall be 18 recovered in substantially the same manner prescribed by the 19 county board of supervisors as provided in section 815.9 . 20 EXPLANATION 21 The inclusion of this explanation does not constitute agreement with 22 the explanation’s substance by the members of the general assembly. 23 This bill relates to the appointment of mental health 24 advocates. 25 Under current law, the appointment of a mental health 26 advocate to represent the interests of a person involuntarily 27 hospitalized under Code chapter 229 is made by either the 28 county board of supervisors in a patient’s county of residence 29 if the county has a population of 300,000 or more, or by the 30 chief judge of the judicial district if the patient’s county 31 of residence has a population under 300,000. A mental health 32 advocate is paid by either the state or the appropriate county. 33 The bill amends this current law to eliminate court 34 appointments of mental health advocates and specifies that 35 -2- LSB 1600YH (3) 86 rh/rj 2/ 3

H.F. 91 all mental health advocate appointments shall be made by the 1 county board of supervisors in a patient’s county of residence. 2 If a patient has no county of residence, the county board 3 of supervisors is directed to appoint an advocate from the 4 county where the patient’s hospital or facility is located to 5 represent the patient’s interests. Under the bill, the mental 6 health advocate in each county will be paid by the appropriate 7 county and considered to be an employee of the county for 8 purposes of Code chapter 670. 9 -3- LSB 1600YH (3) 86 rh/rj 3/ 3