Iowa Code

Iowa Code § 229.11 (2026)

Judge may order immediate custody

✓ current as of July 2026

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1. If the applicant requests that the respondent be taken into immediate custody and the judge, upon reviewing the application and accompanying documentation, finds probable cause to believe that the respondent has a serious mental impairment and is likely to injure the respondent or other persons if allowed to remain at liberty, the judge may enter a written order directing that the respondent be taken into immediate custody by the sheriff or the sheriff’s deputy and be detained until the hospitalization hearing. The hospitalization hearing shall be held no more than five days after the date of the order, except that if the fifth day after the date of the order is a Saturday, Sunday, or a holiday, the hearing may be held on the next succeeding business day. If the expenses of a respondent are payable in whole or in part by an administrative services organization, for a placement in accordance with paragraph “a”, the judge shall give notice of the placement to an administrative services organization, and for a placement in accordance with paragraph “b” or “c”, the judge shall order the placement in a hospital or facility designated by an administrative services organization. The judge may order the respondent detained for the period of time until the hearing is held, and no longer, in accordance with paragraph “a”, if possible, and if not then in accordance with paragraph “b”, or, only if neither of these alternatives is available, in accordance with paragraph “c”. Detention may be in any of the following:

a. In the custody of a relative, friend, or other suitable person who is willing to accept responsibility for supervision of the respondent, and the respondent may be placed under such reasonable restrictions as the judge may order including but not limited to restrictions on or a prohibition of any expenditure, encumbrance, or disposition of the respondent’s funds or property.

b. In a suitable hospital the chief medical officer of which shall be informed of the reasons why immediate custody has been ordered and may provide treatment which is necessary to preserve the respondent’s life, or to appropriately control behavior by the respondent which is likely to result in physical injury to the respondent or to others if allowed to continue, but may not otherwise provide treatment to the respondent without the respondent’s consent.

c. In the nearest facility in the community which is licensed to care for persons with mental\n\nTue Dec 09 22:21:30 2025 Iowa Code 2026, Chapter 229 (47, 1) 9 HOSPITALIZATION OF PERSONS WITH MENTAL ILLNESS, §229.12\n\nillness or substance use disorder, provided that detention in a jail or other facility intended for confinement of those accused or convicted of crime shall not be ordered.

2. A respondent shall be released from detention prior to the hospitalization hearing if a licensed physician or mental health professional examines the respondent and determines the respondent no longer meets the criteria for detention under subsection 1 and provides notification to the court.

3. If a respondent is detained pursuant to subsection 1, paragraph “b” or “c”, the sheriff or the sheriff’s deputy that took the respondent into immediate custody may inform the hospital or facility that an arrest warrant has been issued for or charges are pending against the respondent and may request the hospital or facility to notify the sheriff or the sheriff’s deputy about the discharge of the respondent prior to discharge.

4. The clerk shall furnish copies of any orders to the respondent and to the applicant if the applicant files a written waiver signed by the respondent. [C77, 79, 81, §229.11] 89 Acts, ch 275, §3; 92 Acts, ch 1072, §3; 92 Acts, ch 1165, §2; 96 Acts, ch 1183, §20; 2004 Acts, ch 1090, §33; 2009 Acts, ch 41, §225; 2015 Acts, ch 69, §63; 2015 Acts, ch 138, §33, 161, 162; 2017 Acts, ch 109, §2, 20, 21; 2018 Acts, ch 1056, §9; 2023 Acts, ch 19, §521; 2024 Acts, ch 1161, §79, 137 Referred to in §218.92, 222.7, 226.31, 229.5, 229.6A, 229.7, 229.9, 229.10, 229.12, 229.14, 229.17, 229.18, 229.19, 229.21, 229.22, 229.23, 229.24, 229.26, 229.38, 229.45, 331.653 2024 amendment to subsection 1, unnumbered paragraph 1 effective July 1, 2025; 2024 Acts, ch 1161, §137 Subsection 1, unnumbered paragraph 1 amended \n

Notes of Decisions

Cited in 9 cases, 1987–2020 · leading case: Credit Bureau Enter., Inc. v. Pelo, 608 N.W.2d 20 (Iowa 2000).

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Credit Bureau Enter., Inc. v. Pelo, 608 N.W.2d 20 (Iowa 2000). · cites it 3× “” Possible facilities where the person may be taken include a “suitable hospital,” see Iowa Code § 229.11 (2), or a facility in the community which is licensed to care for persons with mental illness, Iowa Code § 229.”

Elmer J. Lappe v. Paul Loeffelholz, Dr. Wiedershine & Harlem Brady, 815 F.2d 1173 (8th Cir. 1987). “Iowa Code Ann. §§ 229.11 , 229.12, 229.14(3) (1985).”

United States v. B.H., 466 F. Supp. 2d 1139 (N.D. Iowa 2006). “” Iowa Code § 229.11 . 8 .In Iowa, law enforcement officers with a warrant are permitted to seize "[pjroperty which if not seized .”

In re T.C.F., 400 N.W.2d 544 (Iowa 1987). · cites it 2× “See Iowa Code § 229.11 . It ordered that the respondent be immediately confined in a local hospital until the hearing on the application, which was set for April 24.”

Salcido Ex Rel. Gilliland v. Woodbury Cnty., Iowa, 119 F. Supp. 2d 900 (N.D. Iowa 2000). · cites it 7× “The flow chart requires some clarification as to procedures in the event the respondent is ordered to be taken into immediate custody pursuant to Iowa Code § 229.11 . Immediate custody is permitted if the referee finds probable cause to believe, based on the application and…”

Collins Ex Rel. Campbell v. Bellinghausen, 153 F.3d 591 (8th Cir. 1998). “Collins contends that Iowa Code § 229.11 imposes the additional standard of probable cause.”

Matter of TCF, 400 N.W.2d 544 (Iowa 1987). · cites it 2× “See Iowa Code § 229.11 . It ordered that the respondent be immediately confined in a local hospital until the hearing on the application, which was set for April 24.”

In the Matter of M.W., Alleged to Be Seriously Mentally Impaired, M.W. (Iowa Ct. App. 2016). “See Iowa Code § 229.11 (1)(b) (allowing respondent to be taken into custody immediately and detained in a hospital where chief medical officer “may provide treatment which is necessary to preserve the respondent’s life, or to appropriately control behavior by the respondent…”

In the Interest of W.E. & D.J., Minor Child. (Iowa Ct. App. 2020). “See Iowa Code § 229.11 (1) (2019) (permitting the court to order a person alleged to be seriously mentally impaired to be taken into custody and detained pending evaluation and a hearing).”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.