Iowa Code 232.51 – Disposition of child with mental illness
Current as of: 2023 | Check for updates
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1. If the evidence received at an adjudicatory or a dispositional hearing indicates that the child is mentally ill, the court may direct the juvenile court officer or the department to initiate proceedings or to assist the child’s parent or guardian to initiate civil commitment proceedings in the juvenile court and such proceedings in the juvenile court shall adhere to the requirements of chapter 229.
Terms Used In Iowa Code 232.51
- Child: means any person under the age of eighteen years. See Iowa Code 232.68
- Court: means the juvenile court established under section 602. See Iowa Code 232.2
- Department: means the state department of human services and includes the local, county, and service area offices of the department. See Iowa Code 232.68
- Dispositional hearing: means a hearing held after an adjudication to determine what dispositional order should be made. See Iowa Code 232.2
- 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.
- Institution: means a birthing hospital. See Iowa Code 252A.2
- Juvenile: means the same as "child". See Iowa Code 232.2
- Parent: means a biological or adoptive mother or father of a child; or a father whose paternity has been established by operation of law due to the individual's marriage to the mother at the time of conception, birth, or at any time during the period between conception and birth of the child, by order of a court of competent jurisdiction, or by administrative order when authorized by state law. See Iowa Code 232.2
- Petition: means a pleading the filing of which initiates formal judicial proceedings in the juvenile court. See Iowa Code 232.2
2. a. If prior to the adjudicatory or dispositional hearing on the pending delinquency petition, the child is committed as a child with a mental illness and is ordered into a residential facility, institution, or hospital for inpatient treatment, the delinquency proceeding shall be suspended until such time as the juvenile court either terminates the civil commitment order or the child is released from the residential facility, institution, or hospital for purposes of receiving outpatient treatment.
b. During any time that the delinquency proceeding is suspended pursuant to this subsection, any time limits for speedy adjudicatory hearings and continuances shall be tolled.
c. This subsection shall not apply to waiver hearings held pursuant to section 232.45.