§ 229.39 — Status of persons hospitalized under former law

Iowa § 229.39

• Jurisdiction: Iowa
• Title VI: HUMAN SERVICES
• Ch. 229: HOSPITALIZATION OF PERSONS WITH MENTAL ILLNESS

Text

1. Each person admitted or committed to a hospital for treatment of mental illness on or
beforeDecember31, 1975whoremainedsohospitalized, orwasonconvalescentleaveorwas
receiving care in another facility on transfer from such hospitalization, on or after January 1,
1976shallbeconsideredtohavebeenhospitalizedunderthischapter, anditsprovisionsshall
apply to each such person on and after the effective date of this section, except as otherwise
provided by subsection 3.
2. Hospitalization of a person for treatment of mental illness, either voluntary or
involuntary, on or before December 31, 1975 does not constitute a finding nor equate with
nor raise a presumption of incompetency, nor cause the person hospitalized to be deemed a
person of unsound mind nor a person under legal disability for any purpose, including but
not limited to the circumstances enumerated in section 229.27, subsection 1. This subsection
does not invalidate any specific declaration of incompetence of a person hospitalized if the
declaration was made pursuant to a separate procedure authorized by law for that purpose,
and did not result automatically from the person’s hospitalization.
3. Where a person was hospitalized involuntarily for treatment of mental illness on or
before December 31, 1975 and remained so hospitalized, or was on convalescent leave or was
receiving care in another facility on transfer from such hospitalization, on or after January
1, 1976, but was subsequently discharged prior to July 1, 1978, this section shall not be
construed to require:
a. The filing after July 1, 1978, of any report relative to that person’s status which would
have been required to be filed prior to said date if that person had initially been hospitalized
under this chapter as amended by 1975 Iowa Acts, ch. 139, §1 to 30.
b. That legal proceedings be taken under this chapter, as so amended, to clarify the
status of the person so hospitalized, unless that person or the district court considers such
proceedings necessary in a particular case to appropriately conclude the matter.

Legislative History

[C79, 81, §229.39]