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 mental health advocate 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.

Terms Used In Iowa Code 229.14A

  • Administrator: means the administrator of the department of human services assigned, in accordance with section 218. See Iowa Code 229.1
  • Advocate: means a mental health advocate. See Iowa Code 229.1
  • Chief medical officer: means the medical director in charge of a public or private hospital, or that individual's physician-designee. See Iowa Code 229.1
  • Clerk: means the clerk of the district court. See Iowa Code 229.1
  • Court: shall mean and include any court upon which jurisdiction has been conferred to determine the liability of persons for the support of dependents. See Iowa Code 252A.2
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Mental health and disability services region: means a mental health and disability services region formed in accordance with section 331. See Iowa Code 229.1
  • Regional administrator: means the regional administrator of a mental health and disability services region, as defined in section 331. See Iowa Code 229.1
  • Respondent: means any person against whom an application has been filed under section 229. See Iowa Code 229.1
 2. The notice shall provide that a request for a placement hearing must be in writing and filed with the clerk within seven days of issuance of the placement order.
 3. A request for a placement hearing may be signed by the respondent, the respondent’s next friend, guardian, or attorney.
 4. The court, on its own motion, may order a placement hearing to be held.
 5. a. A placement hearing shall be held no sooner than four days and no later than seven days after the request for the placement hearing is filed unless otherwise agreed to by the parties.

 b. The respondent may be transferred to the placement designated by the court’s placement order and receive treatment unless a request for hearing is filed prior to the transfer. If the request for a placement hearing is filed prior to the transfer, the court shall determine where the respondent shall be detained and treated until the date of the hearing.
 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.
 6. Time periods shall be calculated for the purposes of this section excluding weekends and official holidays.
 7. If a respondent’s expenses are payable in whole or in part by a mental health and disability services region through the regional administrator for the county, notice of a placement hearing shall be provided to the county attorney and the regional administrator. At the hearing, the county may present evidence regarding appropriate placement.
 8. In a placement hearing, the court shall determine a placement for the respondent in accordance with the requirements of section 229.23, taking into consideration the evidence presented by all the parties.
 9. A placement made pursuant to an order entered under section 229.13 or 229.14 or this section shall be considered to be authorized through the regional administrator for the county.
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