As soon as practicable after the filing of an application pursuant to section 229.6, the court shall do all of the following:
1. Determine whether the respondent has an attorney who is able and willing to represent the respondent in the hospitalization proceeding, and if not, whether the respondent is financially able to employ an attorney and capable of meaningfully assisting in selecting one. In accordance with those determinations, the court shall if necessary allow the respondent to select, or shall assign to the respondent, an attorney. If the respondent is financially unable to pay an attorney, the attorney shall be compensated by an administrative services\n\nTue Dec 09 22:21:30 2025 Iowa Code 2026, Chapter 229 (47, 1) 7 HOSPITALIZATION OF PERSONS WITH MENTAL ILLNESS, §229.10\n\norganization at an hourly rate to be established by the administrative services organization in substantially the same manner as provided in section 815.7.
2. Cause copies of the application and supporting documentation to be sent to the county attorney or the county attorney’s attorney-designate for review.
3. Issue a written order which shall provide for all of the following:
a. If not previously done, set a time and place for a hospitalization hearing, which shall be at the earliest practicable time not less than forty-eight hours after notice to the respondent, unless the respondent waives such minimum prior notice requirement.
b. Order an examination of the respondent, prior to the hearing, by one or more licensed physicians or mental health professionals who shall submit a written report on the examination to the court as required by section 229.10. [C73, §1400; C97, §2265; C24, 27, 31, 35, 39, §3548, 3549; C46, 50, 54, 58, 62, 66, 71, 73, 75, §229.5, 229.6; C77, 79, 81, §229.8] 99 Acts, ch 135, §18; 2013 Acts, ch 130, §47; 2015 Acts, ch 69, §61; 2015 Acts, ch 138, §31, 161, 162; 2017 Acts, ch 34, §13; 2023 Acts, ch 19, §520; 2024 Acts, ch 1161, §77, 137 Referred to in §218.92, 222.7, 226.31, 229.9, 229.9A, 229.14A, 229.19, 229.21, 229.22, 229.24, 229.26, 229.38 2024 amendment to subsection 1 effective July 1, 2025; 2024 Acts, ch 1161, §137 Subsection 1 amended \n
Notes of Decisions
State Pub. Def. v. Iowa Dist. Court for Wapello Cnty., 644 N.W.2d 354 (Iowa 2002).
· cites it 4× “See Iowa Code § 229.8 . The case before us involves children embroiled in juvenile proceedings and a companion criminal trial, both of which rightly fall within the realm of legal services payable from state, not county, funds.”
In Re Melodie L., 591 N.W.2d 4 (Iowa 1999).
· cites it 2× “Iowa Code §§ 229.8 (3)(b), 229.10. The opinions expressed in the medical report permit the court to either proceed with the hearing or dismiss the proceeding without a hearing.”
Muzingo v. St. Luke's Hosp., 518 N.W.2d 776 (Iowa 1994).
· cites it 2× “Luke’s Hospital were appointed by the district court, pursuant to section 229.8(3)(b) to submit a written report regarding Glenn Muzingo’s mental condition prior to his involuntary commitment hearing.”
Jasper Cnty. v. McCall, 420 N.W.2d 801 (Iowa 1988).
· cites it 2× “Following a recommendation by Roll’s treating physician and another physician (appointed to evaluate Roll pursuant to Iowa Code section 229.8(3)(b)), the parties stipulated to place Roll again at Mendota.”
In re T.C.F., 400 N.W.2d 544 (Iowa 1987).
· cites it 2× “Iowa Code § 229.8 (3)(a). If the application and accompanying documents show probable cause to believe the respondent is seriously mentally impaired and is likely to injure the respondent or others, the court may enter an order for immediate custody.”
In re R.L.D., 456 N.W.2d 919 (Iowa 1990).
· cites it 2× “Under Iowa Code section 229.8, the minor is entitled to court-appointed counsel in the case of involuntary hospitalization.”
Salcido Ex Rel. Gilliland v. Woodbury Cnty., Iowa, 119 F. Supp. 2d 900 (N.D. Iowa 2000).
· cites it 12× “See Iowa Code § 229.8 (1). Appointment of counsel in such cases is obviously intended to protect such persons’ interests precisely be *918 cause such persons are unable to protect their own interests, not because their interests evaporate.”
Matter of TCF, 400 N.W.2d 544 (Iowa 1987).
· cites it 2× “Iowa Code § 229.8 (3)(a). If the application and accompanying documents show probable cause to believe the respondent is seriously mentally impaired and is likely to injure the respondent or others, the court may enter an order for immediate custody.”
In the Matter of S.R. (Iowa Ct. App. 2025).
· cites it 2× “24, 2013); see also Iowa Code § 229.8 (1) (providing the respondent a right to a court- appointed attorney).”
— Iowa Code § 229.8(1) — 1 case
— Iowa Code § 229.8(3)(b) — 3 cases
Muzingo v. St. Luke's Hosp., 518 N.W.2d 776 (Iowa 1994).
“Luke’s Hospital were appointed by the district court, pursuant to section 229.8(3)(b) to submit a written report regarding Glenn Muzingo’s mental condition prior to his involuntary commitment hearing.”
Jasper Cnty. v. McCall, 420 N.W.2d 801 (Iowa 1988).
“Following a recommendation by Roll’s treating physician and another physician (appointed to evaluate Roll pursuant to Iowa Code section 229.8(3)(b)), the parties stipulated to place Roll again at Mendota.”
Salcido Ex Rel. Gilliland v. Woodbury Cnty., Iowa, 119 F. Supp. 2d 900 (N.D. Iowa 2000).
“See Iowa Code § 229.8 (1). Appointment of counsel in such cases is obviously intended to protect such persons’ interests precisely be *918 cause such persons are unable to protect their own interests, not because their interests evaporate.”
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