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-related 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.

Terms Used In Iowa Code 229.6

  • 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
  • following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
  • Licensed physician: means an individual licensed under the provisions of chapter 148 to practice medicine and surgery or osteopathic medicine and surgery. See Iowa Code 229.1
  • Mental health professional: means the same as defined in section 228. See Iowa Code 229.1
  • person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
  • Respondent: means any person against whom an application has been filed under section 229. See Iowa Code 229.1
  • serious mental impairment: describes the condition of a person with mental illness and because of that illness lacks sufficient judgment to make responsible decisions with respect to the person's hospitalization or treatment, and who because of that illness meets any of the following criteria:
     a. See Iowa Code 229.1
 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-related 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.
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