2011 Iowa Code
TITLE VI HUMAN SERVICES
SUBTITLE 3 MENTAL HEALTH
CHAPTER 222 PERSONS WITH MENTAL RETARDATION
222.15 Discharge of patients admitted voluntarily.

222.15 Discharge of patients admitted voluntarily.

This section applies to any person who was voluntarily admitted to a state resource center or other facility in accordance with the provisions of section 222.13 or 222.13A. Except as otherwise provided by this section, if the person or the person s parent, guardian, or custodian submits a written request for the person s release, the person shall be immediately released.

1. If the person is an adult and was admitted pursuant to an application by the person or the person s guardian and the request for release is made by a different person, the release is subject to the agreement of the person voluntarily admitted or the person s guardian, if the guardian submitted the application.

2. If the person is a minor who was admitted pursuant to the provisions of section 222.13A, the person s release prior to becoming eighteen years of age is subject to the consent of the person s parent, guardian, or custodian, or to the approval of the court if the admission was approved by the court.

3. a. If the administrator of the facility in which the patient is admitted certifies that in the administrator s opinion the release of the person would be contrary to the safety of the person or the community, the release may be postponed by a court order. The administrator s certification shall be filed with the clerk of the district court for the county in which the facility is located no later than one day following the submission of the written request for release. The period of postponement shall be the period of time the court determines necessary to permit the commencement of judicial proceedings for the person s involuntary commitment. The period of postponement shall not exceed five days unless the period of postponement is extended by court order for good cause shown.

b. If a petition for the person s involuntary commitment is timely filed, the administrator may detain the person in the facility and provide treatment until disposition of the petition. The treatment shall be limited to that necessary to preserve the person s life or to appropriately control behavior by the person which is likely to result in physical injury to the person or to others if allowed to continue. The administrator shall not otherwise provide treatment to the person without the person s consent.

[SS15, §2727-a96; C24, 27, 31, 35, 39, §3473; C46, 50, 54, 58, 62, §223.9; C66, 71, 73, 75, 77, 79, 81, §222.15]

95 Acts, ch 82, §9; 2000 Acts, ch 1112, §51