Iowa Code § 229.6

Current through March 29, 2024

Section 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 use 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 a person who presents a danger to self or others and lacks judgmental capacity due to either of the following:

(1) A substance use disorder as defined in section 125.2.

(2) A serious mental impairment as defined in section 229.1.

b. State 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 or mental health professional 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).

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.

Iowa Code § 229.6

2012 Acts, ch 1079, §10; 2013 Acts, ch 130, § 44; 2017 Acts, ch 34, §12; 2023 Acts, ch 19, § 518, 519

Amended by 2023 Iowa, ch 19, s 519, eff. 7/1/2023.

Amended by 2023 Iowa, ch 19, s 518, eff. 7/1/2023.

Amended by 2017 Iowa, ch 34, s 12, eff. 7/1/2017.

Amended by 2013 Iowa, ch 130, s 44, eff. 7/1/2013.

R60, §1480; C73, §1399; C97, §2264; C24, 27, 31, 35, 39, §3544; C46, 50, 54, 58, 62, 66, 71, 73, 75, § 229.1; C77, 79, 81, §229.6
2012 Acts, ch 1079, §10

Referred to in §218.92, 222.7, 225.11, 226.31, 227.10, 227.15, 229.1, 229.5, 229.5A, 229.6A, 229.7, 229.8, 229.9, 229.19, 229.21, 229.22, 229.24, 229.26, 229.27, 229.38, 331.910

Summary of involuntary commitment procedures available from clerk; see §229.45

Subsection 1 amended

Subsection 2, paragraph a, subparagraph (1) amended