HF 448 — A bill for an act relating to the involuntary commitment of a person with an intellectual disability who presents a danger to self or others, and making penalties applicable.

Bill Text

• Introduced View text Current pdf

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The bill establishes new procedures and definitions for the involuntary commitment of individuals with intellectual disabilities who present a danger to themselves or others.

• Section 222.2

  “Chemotherapy” means the same as defined in section 229.1.

  Defines 'Chemotherapy' in the context of involuntary commitment legislation.

• Section 222.2

  “Clerk” means the clerk of the district court.

  Defines 'Clerk' to clarify the role within the commitment process.

• Section 222.2

  “Danger to self or others” describes the condition of a person with an intellectual disability who, because of that intellectual disability, meets any of the following criteria: a. Is likely to physically injure the person’s self or others if allowed to remain at liberty without treatment. b. Is likely to inflict serious emotional injury on the person’s family or others who lack a reasonable opportunity to avoid contact with the person if the person is allowed to remain at liberty without treatment. c. Is unable to fulfill the basic needs of the person including but not limited to nourishment, clothing, essential medical care, or shelter so that it is likely that the person will suffer physical injury, physical debilitation, or death.

  Provides a clear legal definition of 'Danger to self or others' for commitment proceedings.

• Section 222.2

  “Mental health professional” means the same as defined in section 228.1.

  Defines 'Mental health professional' for clarity in the context of this legislation.

• Section 222.2

  “Physician” means a physician licensed under chapter 148.

  Specifies the definition of 'Physician' for legal consistency.

• Section 222.2

  “Psychologist” means a psychologist licensed under chapter 154B.

  Clarifies the definition of 'Psychologist' applicable to commitment proceedings.

• Section 222.2

  “Respondent” means any person against whom an application has been filed under section 222.93, but who has not been finally ordered committed for full-time custody care and treatment in a state resource center or an appropriate public or private facility.

  Defines 'Respondent' for the context of the commitment application process.

• Section 222.2

  “Serious emotional injury” means the same as defined in section 229.1.

  Defines 'Serious emotional injury' to standardize language in accordance with existing law.

• NEW SECTION 222.93

  Proceedings for the involuntary commitment of a person with an intellectual disability who presents a danger to self or others may be commenced by any interested person by filing a verified application with the clerk of the county where the respondent is presently located, or in which the respondent’s place of residence is located. The clerk, or the clerk’s designee, shall assist the applicant in completing the application.

  Establishes a formal procedure for filing involuntary commitment applications.

• NEW SECTION 222.94

  Upon the filing of an application pursuant to section 222.93, the clerk shall docket the case and immediately notify a district judge, district associate judge, or magistrate who is admitted to the practice of law in this state, who shall review the application and accompanying documentation.

  Mandates immediate judicial review of filed applications to expedite the commitment process.

• NEW SECTION 222.95

  The juvenile court has exclusive original jurisdiction in proceedings concerning a minor for whom an application is filed under section 222.93. In proceedings concerning a minor’s involuntary commitment or treatment, the term 'court', 'judge', or 'clerk' means the juvenile court, judge, or clerk.

  Assigns exclusive jurisdiction to the juvenile court for minors' commitment cases.

• NEW SECTION 222.96

  As soon as practicable after the filing of an application pursuant to section 222.93, the court shall do all of the following...

  Outlines the procedures the court must follow after an application for involuntary commitment is filed.

• NEW SECTION 222.97

  The court shall direct the clerk to furnish at once to the respondent’s attorney copies of the application...

  Ensures the respondent's attorney is promptly provided with necessary documents for representation.

• NEW SECTION 222.98

  An examination of the respondent shall be conducted by one or more physicians or psychologists, as required by the court’s order...

  Sets forth requirements for examinations of the respondent during commitment proceedings.

• NEW SECTION 222.99

  If the applicant requests that the respondent be taken into immediate custody...

  Empowers the judge to authorize immediate custody of the respondent to prevent harm.

Action History

1. February 28, 2017

   Introduced, referred to Judiciary.

Sponsors

• Carlin · Primary

Subjects