125.78 - PROCEDURE AFTER APPLICATION.
125.78 PROCEDURE AFTER APPLICATION.
As soon as practical after the filing of an application for
involuntary commitment or treatment, the court shall:
1. Determine whether the respondent has an attorney who is able
and willing to represent the respondent in the commitment proceeding,
and if not, whether the respondent is financially able to employ an
attorney and capable of meaningfully assisting in selecting an
attorney. In accordance with those determinations, the court shall
allow the respondent to select an attorney or shall assign an
attorney to the respondent. If the respondent is financially unable
to pay an attorney, the county shall compensate the attorney at an
hourly rate to be established by the county board of supervisors in
substantially the same manner as provided in section 815.7.
2. If the application includes a request for a court-appointed
attorney for the applicant and the court is satisfied that a
court-appointed attorney is necessary to assist the applicant in a
meaningful presentation of the evidence, and that the applicant is
financially unable to employ an attorney, the court shall appoint an
attorney to represent the applicant and the county shall compensate
the attorney at an hourly rate to be established by the county board
of supervisors in substantially the same manner as provided in
section 815.7.
3. Issue a written order:
a. Scheduling a tentative time and place for a hearing,
subject to the findings of the report required under section 125.80,
subsections 3 and 4, but not less than forty-eight hours after notice
to the respondent, unless the respondent waives the forty-eight-hour
notice requirement.
b. Requiring an examination of the respondent, prior to the
hearing, by one or more licensed physicians who shall submit a
written report of the examination to the court as required by section
125.80. Section History: Early Form
[C75, 77, § 125.19(1, 2); C79, 81, § 229.51(2, 3), 229.52(6); 82
Acts, ch 1212, § 6] Section History: Recent Form
84 Acts, ch 1219, § 5; 99 Acts, ch 135, §14
Referred to in § 125.79, 125.85, 229.21