2009 Iowa Code
Title 6 - Human Services
Subtitle 5 - Juveniles
CHAPTER 232 - JUVENILE JUSTICE
232.98 - PHYSICAL AND MENTAL EXAMINATIONS.

        232.98  PHYSICAL AND MENTAL EXAMINATIONS.
         1.  Except as provided in section 232.78, subsection 5, a physical
      or mental examination of the child may be ordered only after the
      filing of a petition pursuant to section 232.87 and after a hearing
      to determine whether an examination is necessary to determine the
      child's physical or mental condition.  The court may consider
      chemical dependency as either a physical or mental condition and may
      consider a chemical dependency evaluation as either a physical or
      mental examination.
         a.  The hearing required by this section may be held
      simultaneously with the adjudicatory hearing.
         b.  An examination ordered prior to the adjudication shall be
      conducted on an outpatient basis when possible, but if necessary the
      court may commit the child to a suitable nonsecure hospital,
      facility, or institution for the purpose of examination for a period
      not to exceed fifteen days if all of the following are found to be
      present:
         (1)  Probable cause exists to believe that the child is a child in
      need of assistance pursuant to section 232.2, subsection 6, paragraph
      "e" or "f".
         (2)  Commitment is necessary to determine whether there is clear
      and convincing evidence that the child is a child in need of
      assistance.
         (3)  The child's attorney agrees to the commitment.
         c.  An examination ordered after adjudication shall be
      conducted on an outpatient basis when possible, but if necessary the
      court may commit the child to a suitable nonsecure hospital,
      facility, or institution for the purpose of examination for a period
      not to exceed thirty days.
         d.  The child's parent, guardian, or custodian shall be
      included in counseling sessions offered during the child's stay in a
      hospital, facility, or institution when feasible, and when in the
      best interests of the child and the child's parent, guardian, or
      custodian.  If separate counseling sessions are conducted for the
      child and the child's parent, guardian, or custodian, a joint
      counseling session shall be offered prior to the release of the child
      from the hospital, facility, or institution.  The court shall require
      that notice be provided to the child's guardian ad litem of the
      counseling sessions and of the participants and results of the
      sessions.
         2.  Following an adjudication that a child is a child in need of
      assistance, the court may after a hearing order the physical or
      mental examination of the parent, guardian or custodian if that
      person's ability to care for the child is at issue.  

         Section History: Early Form

         [C66, 71, 73, 75, 77, § 232.13; C79, 81, § 232.98; 82 Acts, ch
      1209, § 15] 

         Section History: Recent Form

         84 Acts, ch 1279, § 15; 85 Acts, ch 173, § 12; 86 Acts, ch 1186, §
      10; 2009 Acts, ch 41, §263
         Referred to in § 232.78