Mental Health and Substance Abuse Commitments
There are people in our community who suffer from a mental illness or
substance dependency and require treatment. However, because of their mental
illness, the individuals are not aware of the fact that they need treatment.
Family members, friends, care givers and/or individuals who have knowledge of
the person’s actions may seek hospitalization for these individuals. Through
the laws of the State of Iowa, the County Attorney’s Office has been given the
responsibility of assisting in the involuntary hospitalization, of who have a
mental illness and are seriously mentally ill.
The following facts need to be proven in order to involuntarily hospitalize
individuals who are seriously mentally impaired or who suffer from a serious
mental illness:
- The individual must suffer from a mental disease or disorder;
- As a result of the disease or disorder, the individual lacks sufficient
judgment to make responsible decisions with respect to his/her hospitalization
or treatment; and meet any of the following facts:
- The individual is likely to physically injure themselves or others if
allowed to remain at liberty without treatment, demonstrated through recent
overt acts or threats.
- The individual is likely to cause serious emotional injury to family members or
others who lack reasonable opportunity to avoid contact with the individual, if
the person with mental illness is allowed to remain at liberty without treatment;
or
- The individual is unable to satisfy their needs for food, clothing, shelter, or
essential medical care so that it is likely that the person will suffer physical
injury, physical debilitation or death.
The juvenile court has exclusive original jurisdiction of all proceedings
concerning a child for whom an application for involuntary or voluntary hospitalization for mental illness
has been filed. However, the juvenile court follows the same procedures that apply to adult proceedings.
When a child is hospitalized for mental illness with the juvenile court’s approval over the child’s objection,
the child’s family shall be included in counseling sessions offered during the child’s stay in the hospital
when feasible. Prior to discharge of the child, the court may, after a hearing, order the child’s family to
be evaluated and, if necessary, to therapy to facilitate the return of the child to the family setting.
If you have any questions concerning adult issues, please contact our office at (515) 286-3341.
If you have any questions concerning juvenile issues, please contact our office at (515) 286-2035.