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.