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House File 466 - IntroducedA Bill ForAn Act 1relating to televised testimony in involuntary
2commitment hearings for persons with substance-related
3disorders and persons with mental illness.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 125.82, subsection 3, Code 2023, is
2amended to read as follows:
33. The person who filed the application and a licensed
4physician and surgeon or osteopathic physician and surgeon,
5mental health professional, or certified alcohol and drug
6counselor certified by the nongovernmental Iowa board of
7substance abuse certification who has examined the respondent
8in connection with the commitment hearing shall be present
9at the hearing, unless the court for good cause finds that
10their presence or testimony is not necessary. The applicant,
11respondent, and the respondent’s attorney may waive the
12presence, televised appearance, or telephonic appearance of
13the licensed physician and surgeon or osteopathic physician
14and surgeon, mental health professional, or certified alcohol
15and drug counselor who examined the respondent and agree
16to submit as evidence the written report of the licensed
17physician and surgeon or osteopathic physician and surgeon,
18mental health professional, or certified alcohol and drug
19counselor. The respondent’s attorney shall inform the
20court if the respondent’s attorney reasonably believes that
21the respondent, due to diminished capacity, cannot make an
22adequately considered waiver decision. “Good cause” for finding
23that the testimony of the licensed physician and surgeon or
24osteopathic physician and surgeon, mental health professional,
25or certified alcohol and drug counselor who examined the
26respondent is not necessary may include, but is not limited to,
27such a waiver. If the court determines that the testimony of
28the licensed physician and surgeon or osteopathic physician and
29surgeon, mental health professional, or certified alcohol and
30drug counselor is necessary, the court may allow the licensed
31physician and surgeon or osteopathic physician and surgeon,
32mental health professional, or certified alcohol and drug
33counselor to testify by telephone or televised means. The
34respondent shall be present at the hearing unless prior to the
35hearing the respondent’s attorney stipulates in writing that
-1-1the attorney has conversed with the respondent, and that in the
2attorney’s judgment the respondent cannot make a meaningful
3contribution to the hearing, or that the respondent has waived
4the right to be present, and the basis for the attorney’s
5conclusions. A stipulation to the respondent’s absence
6shall be reviewed by the court before the hearing, and may be
7rejected if it appears that insufficient grounds are stated
8or that the respondent’s interests would not be served by the
9respondent’s absence.
10 Sec. 2. Section 125.82, subsection 4, Code 2023, is amended
11to read as follows:
124. The respondent’s welfare is paramount, and the hearing
13shall be tried as a civil matter and conducted in as informal a
14manner as is consistent with orderly procedure. The hearing
15may be held by video or telephone conference at the discretion
16of the court. Discovery as permitted under the Iowa rules of
17civil procedure is available to the respondent. The court
18shall receive all relevant and material evidence, but the
19court is not bound by the rules of evidence. A presumption in
20favor of the respondent exists, and the burden of evidence and
21support of the contentions made in the application shall be
22upon the person who filed the application. If upon completion
23of the hearing the court finds that the contention that the
24respondent is a person with a substance-related disorder has
25not been sustained by clear and convincing evidence, the court
26shall deny the application and terminate the proceeding.
27 Sec. 3. Section 229.12, subsection 3, paragraph b, Code
282023, is amended to read as follows:
29b. The licensed physician or mental health professional who
30examined the respondent shall be present at the hearing unless
31the court for good cause finds that the licensed physician’s
32or mental health professional’s presence or testimony is not
33necessary. The applicant, respondent, and the respondent’s
34attorney may waive the presence, televised appearance, or the
35telephonic appearance of the licensed physician or mental
-2-1health professional who examined the respondent and agree to
2submit as evidence the written report of the licensed physician
3or mental health professional. The respondent’s attorney
4shall inform the court if the respondent’s attorney reasonably
5believes that the respondent, due to diminished capacity,
6cannot make an adequately considered waiver decision. “Good
7cause” for finding that the testimony of the licensed physician
8or mental health professional who examined the respondent is
9not necessary may include but is not limited to such a waiver.
10If the court determines that the testimony of the licensed
11physician or mental health professional is necessary, the
12court may allow the licensed physician or the mental health
13professional to testify by telephone or televised means.
14 Sec. 4. Section 229.12, subsection 3, paragraph a, Code
152023, is amended to read as follows:
16a. The respondent’s welfare shall be paramount and the
17hearing shall be conducted in as informal a manner as may be
18consistent with orderly procedure, but consistent therewith
19the issue shall be tried as a civil matter. The hearing may
20be held by video or telephone conference at the discretion of
21the court. Such discovery as is permitted under the Iowa rules
22of civil procedure shall be available to the respondent. The
23court shall receive all relevant and material evidence which
24may be offered and need not be bound by the rules of evidence.
25There shall be a presumption in favor of the respondent, and
26the burden of evidence in support of the contentions made in
27the application shall be upon the applicant.
28EXPLANATION
29The inclusion of this explanation does not constitute agreement with
30the explanation’s substance by the members of the general assembly.
31This bill relates to televised testimony at involuntary
32commitment hearings for persons with substance-related
33disorders and persons with a mental illness.
34The bill provides that a court, in a hearing related to
35a person’s involuntary commitment for a substance-related
-3-1disorder or mental illness, may allow a specified health
2professional who examined the respondent in connection with
3the commitment hearing to provide testimony at the hearing via
4televised means. The bill also allows such hearings to take
5place telephonically at the discretion of the court.
6The bill provides that, in a hearing relating to a person’s
7involuntary commitment for a substance-related disorder or
8mental illness, an applicant, respondent, and a respondent’s
9attorney may waive the televised appearance at the hearing
10of the health professional who examined the respondent in
11connection with the commitment hearing. The bill also allows
12such hearings to take place telephonically at the discretion
13of the court.
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2commitment hearings for persons with substance-related
3disorders and persons with mental illness.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 125.82, subsection 3, Code 2023, is
2amended to read as follows:
33. The person who filed the application and a licensed
4physician and surgeon or osteopathic physician and surgeon,
5mental health professional, or certified alcohol and drug
6counselor certified by the nongovernmental Iowa board of
7substance abuse certification who has examined the respondent
8in connection with the commitment hearing shall be present
9at the hearing, unless the court for good cause finds that
10their presence or testimony is not necessary. The applicant,
11respondent, and the respondent’s attorney may waive the
12presence, televised appearance, or telephonic appearance of
13the licensed physician and surgeon or osteopathic physician
14and surgeon, mental health professional, or certified alcohol
15and drug counselor who examined the respondent and agree
16to submit as evidence the written report of the licensed
17physician and surgeon or osteopathic physician and surgeon,
18mental health professional, or certified alcohol and drug
19counselor. The respondent’s attorney shall inform the
20court if the respondent’s attorney reasonably believes that
21the respondent, due to diminished capacity, cannot make an
22adequately considered waiver decision. “Good cause” for finding
23that the testimony of the licensed physician and surgeon or
24osteopathic physician and surgeon, mental health professional,
25or certified alcohol and drug counselor who examined the
26respondent is not necessary may include, but is not limited to,
27such a waiver. If the court determines that the testimony of
28the licensed physician and surgeon or osteopathic physician and
29surgeon, mental health professional, or certified alcohol and
30drug counselor is necessary, the court may allow the licensed
31physician and surgeon or osteopathic physician and surgeon,
32mental health professional, or certified alcohol and drug
33counselor to testify by telephone or televised means. The
34respondent shall be present at the hearing unless prior to the
35hearing the respondent’s attorney stipulates in writing that
-1-1the attorney has conversed with the respondent, and that in the
2attorney’s judgment the respondent cannot make a meaningful
3contribution to the hearing, or that the respondent has waived
4the right to be present, and the basis for the attorney’s
5conclusions. A stipulation to the respondent’s absence
6shall be reviewed by the court before the hearing, and may be
7rejected if it appears that insufficient grounds are stated
8or that the respondent’s interests would not be served by the
9respondent’s absence.
10 Sec. 2. Section 125.82, subsection 4, Code 2023, is amended
11to read as follows:
124. The respondent’s welfare is paramount, and the hearing
13shall be tried as a civil matter and conducted in as informal a
14manner as is consistent with orderly procedure. The hearing
15may be held by video or telephone conference at the discretion
16of the court. Discovery as permitted under the Iowa rules of
17civil procedure is available to the respondent. The court
18shall receive all relevant and material evidence, but the
19court is not bound by the rules of evidence. A presumption in
20favor of the respondent exists, and the burden of evidence and
21support of the contentions made in the application shall be
22upon the person who filed the application. If upon completion
23of the hearing the court finds that the contention that the
24respondent is a person with a substance-related disorder has
25not been sustained by clear and convincing evidence, the court
26shall deny the application and terminate the proceeding.
27 Sec. 3. Section 229.12, subsection 3, paragraph b, Code
282023, is amended to read as follows:
29b. The licensed physician or mental health professional who
30examined the respondent shall be present at the hearing unless
31the court for good cause finds that the licensed physician’s
32or mental health professional’s presence or testimony is not
33necessary. The applicant, respondent, and the respondent’s
34attorney may waive the presence, televised appearance, or the
35telephonic appearance of the licensed physician or mental
-2-1health professional who examined the respondent and agree to
2submit as evidence the written report of the licensed physician
3or mental health professional. The respondent’s attorney
4shall inform the court if the respondent’s attorney reasonably
5believes that the respondent, due to diminished capacity,
6cannot make an adequately considered waiver decision. “Good
7cause” for finding that the testimony of the licensed physician
8or mental health professional who examined the respondent is
9not necessary may include but is not limited to such a waiver.
10If the court determines that the testimony of the licensed
11physician or mental health professional is necessary, the
12court may allow the licensed physician or the mental health
13professional to testify by telephone or televised means.
14 Sec. 4. Section 229.12, subsection 3, paragraph a, Code
152023, is amended to read as follows:
16a. The respondent’s welfare shall be paramount and the
17hearing shall be conducted in as informal a manner as may be
18consistent with orderly procedure, but consistent therewith
19the issue shall be tried as a civil matter. The hearing may
20be held by video or telephone conference at the discretion of
21the court. Such discovery as is permitted under the Iowa rules
22of civil procedure shall be available to the respondent. The
23court shall receive all relevant and material evidence which
24may be offered and need not be bound by the rules of evidence.
25There shall be a presumption in favor of the respondent, and
26the burden of evidence in support of the contentions made in
27the application shall be upon the applicant.
28EXPLANATION
29The inclusion of this explanation does not constitute agreement with
30the explanation’s substance by the members of the general assembly.
31This bill relates to televised testimony at involuntary
32commitment hearings for persons with substance-related
33disorders and persons with a mental illness.
34The bill provides that a court, in a hearing related to
35a person’s involuntary commitment for a substance-related
-3-1disorder or mental illness, may allow a specified health
2professional who examined the respondent in connection with
3the commitment hearing to provide testimony at the hearing via
4televised means. The bill also allows such hearings to take
5place telephonically at the discretion of the court.
6The bill provides that, in a hearing relating to a person’s
7involuntary commitment for a substance-related disorder or
8mental illness, an applicant, respondent, and a respondent’s
9attorney may waive the televised appearance at the hearing
10of the health professional who examined the respondent in
11connection with the commitment hearing. The bill also allows
12such hearings to take place telephonically at the discretion
13of the court.
-4-dg/rh