125.82 - COMMITMENT HEARING.
125.82 COMMITMENT HEARING.
1. At a commitment hearing, evidence in support of the
contentions made in the application may be presented by the
applicant, or by an attorney for the applicant, or by the county
attorney. During the hearing, the applicant and the respondent shall
be afforded an opportunity to testify and to present and
cross-examine witnesses, and the court may receive the testimony of
other interested persons. If the respondent is present at the
hearing, as provided in subsection 3, and has been medicated within
twelve hours, or a longer period of time as the court may designate,
prior to the beginning of the hearing or a session of the hearing,
the court shall be informed of that fact and of the probable effects
of the medication upon convening of the hearing.
2. A person not necessary for the conduct of the hearing shall be
excluded, except that the court may admit a person having a
legitimate interest in the hearing. Upon motion of the applicant,
the court may exclude the respondent from the hearing during the
testimony of a witness if the court determines that the witness'
testimony is likely to cause the respondent severe emotional trauma.
3. The person who filed the application and a licensed physician,
mental health professional as defined in section 228.1, or certified
alcohol and drug counselor certified by the nongovernmental Iowa
board of substance abuse certification who has examined the
respondent in connection with the commitment hearing shall be present
at the hearing, unless the court for good cause finds that their
presence or testimony is not necessary. The applicant, respondent,
and the respondent's attorney may waive the presence or telephonic
appearance of the licensed physician, mental health professional, or
certified alcohol and drug counselor who examined the respondent and
agree to submit as evidence the written report of the licensed
physician, mental health professional, or certified alcohol and drug
counselor. The respondent's attorney shall inform the court if the
respondent's attorney reasonably believes that the respondent, due to
diminished capacity, cannot make an adequately considered waiver
decision. "Good cause" for finding that the testimony of the
licensed physician, mental health professional, or certified alcohol
and drug counselor who examined the respondent is not necessary may
include, but is not limited to, such a waiver. If the court
determines that the testimony of the licensed physician, mental
health professional, or certified alcohol and drug counselor is
necessary, the court may allow the licensed physician, mental health
professional, or certified alcohol and drug counselor to testify by
telephone. The respondent shall be present at the hearing unless
prior to the hearing the respondent's attorney stipulates in writing
that the attorney has conversed with the respondent, and that in the
attorney's judgment the respondent cannot make a meaningful
contribution to the hearing, or that the respondent has waived the
right to be present, and the basis for the attorney's conclusions. A
stipulation to the respondent's absence shall be reviewed by the
court before the hearing, and may be rejected if it appears that
insufficient grounds are stated or that the respondent's interests
would not be served by the respondent's absence.
4. The respondent's welfare is paramount, and the hearing shall
be tried as a civil matter and conducted in as informal a manner as
is consistent with orderly procedure. Discovery as permitted under
the Iowa rules of civil procedure is available to the respondent.
The court shall receive all relevant and material evidence, but the
court is not bound by the rules of evidence. A presumption in favor
of the respondent exists, and the burden of evidence and support of
the contentions made in the application shall be upon the person who
filed the application. If upon completion of the hearing the court
finds that the contention that the respondent is a chronic substance
abuser has not been sustained by clear and convincing evidence, the
court shall deny the application and terminate the proceeding.
5. If the respondent is not taken into custody under section
125.81, but the court finds good cause to believe that the respondent
is about to depart from the jurisdiction of the court, the court may
order limited detention of the respondent as authorized in section
125.81, as is necessary to ensure that the respondent will not depart
from the jurisdiction of the court without the court's approval until
the proceeding relative to the respondent has been concluded. Section History: Early Form
[C75, 77, § 125.19(3-7, 10, 13); C79, 81, § 229.52(1); 82 Acts, ch
1212, § 10] Section History: Recent Form
90 Acts, ch 1085, §16; 91 Acts, ch 108, §3; 2006 Acts, ch 1115, §
1; 2006 Acts, ch 1116, § 1; 2006 Acts, ch 1159, § 30
Referred to in § 125.84, 229.21, 602.8103