§ 125.83 — Placement for evaluation

Iowa § 125.83

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

Text

If upon completion of the commitment hearing, the court finds that the contention that
the respondent is a person with a substance use disorder has been sustained by clear and
convincing evidence, the court shall order the respondent placed at a facility or under the
care of a suitable facility on an outpatient basis as expeditiously as possible for a complete
evaluation and appropriate treatment. Any peace officer shall have the authority to take the
respondent into custody in any county in which the respondent is found for placement at a
facility or under the care of a suitable facility in accordance with an order entered pursuant
to this section. The court shall furnish to the facility at the time of admission or outpatient
placement, a written statement of facts setting forth the evidence on which the finding is
based. The administrator of the facility shall report to the court no more than fifteen days
after the individual is admitted to or placed under the care of the facility, which shall include
thechiefmedicalofficer’srecommendationconcerningtreatmentofasubstanceusedisorder.
An extension of time may be granted for a period not to exceed seven days upon a showing of
good cause. A copy of the report shall be sent to the respondent’s attorney who may contest
the need for an extension of time if one is requested. If the request is contested, the court
shall make an inquiry as it deems appropriate and may either order the respondent released
from the facility or grant an extension of time for further evaluation. If the administrator
fails to report to the court within fifteen days after the individual is admitted to the facility,
and no extension of time has been requested, the administrator is guilty of contempt and
shall be punished under chapter 665. The court shall order a rehearing on the application to
determine whether the respondent should continue to be held at the facility.

Legislative History

[C75, 77, §125.19(4); C79, 81, §229.52(2); 82 Acts, ch 1212, §11]