§ 125.78 — Procedure after application

Iowa § 125.78

• Jurisdiction: Iowa
• Title IV: PUBLIC HEALTH
• Ch. 125: SUBSTANCE USE DISORDERS

Text

As soon as practical after the filing of an application pursuant to section 125.75, the court
shall:
1. Determine whether the respondent has an attorney who is able and willing to
represent the respondent in the commitment proceeding, and if not, whether the respondent
is financially able to employ an attorney and capable of meaningfully assisting in selecting
an attorney. In accordance with those determinations, the court shall allow the respondent
to select an attorney or shall assign an attorney to the respondent. If the respondent is
financially unable to pay an attorney, the county shall compensate the attorney at an hourly
rate to be established by the county board of supervisors in substantially the same manner
as provided in section 815.7.

2. If the application includes a request for a court-appointed attorney for the applicant
and the court is satisfied that a court-appointed attorney is necessary to assist the applicant
in a meaningful presentation of the evidence, and that the applicant is financially unable to
employ an attorney, the court shall appoint an attorney to represent the applicant and the
county shall compensate the attorney at an hourly rate to be established by the county board
of supervisors in substantially the same manner as provided in section 815.7.
3. Issue a written order:
a. Scheduling a tentative time and place for a hearing, subject to the findings of the
report required under section 125.80, subsections 3 and 4, but not less than forty-eight hours
after notice to the respondent, unless the respondent waives the forty-eight-hour notice
requirement.
b. Requiring an examination of the respondent, prior to the hearing, by one or more
licensed physicians and surgeons or osteopathic physicians and surgeons or mental health
professionals who shall submit a written report of the examination to the court as required
by section 125.80.

Legislative History

[C75, 77, §125.19(1, 2); C79, 81, §229.51(2, 3), 229.52(6); 82 Acts, ch 1212, §6]