Iowa Code

Iowa Code § 226.16 (2026)

Unauthorized departure and retaking

✓ current as of July 2026

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The superintendent and all other officers and employees of any mental health institute, in case of the unauthorized departure of any involuntarily hospitalized patient, shall exercise all due diligence to take into protective custody and return the patient to the mental health institute. A notification by the superintendent of such unauthorized departure to any peace officer of the state or to any private person shall be sufficient authority to such officer or person to take and return the patient to the mental health institute. [R60, §1445; C73, §1423; C97, §2287; S13, §2287; C24, 27, 31, 35, 39, §3498; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §226.16] 2023 Acts, ch 19, §484

Notes of Decisions

Cited in 1 case, 1970–1970 · leading case: Hickey v. Dist. Court of Kossuth Cnty., 174 N.W.2d 406 (Iowa 1970).

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Hickey v. Dist. Court of Kossuth Cnty., 174 N.W.2d 406 (Iowa 1970). “Although compliance with the provisions of sections 226.16 and 226.27 by the Institute is important, the failure of the Institute officials to require his return to the Institute cannot be determinative of the issue before the court in these proceedings.”

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