125.84 - EVALUATION REPORT.
125.84 EVALUATION REPORT.
The facility administrator's report to the court of the chief
medical officer's substance abuse evaluation of the respondent shall
be made no later than the expiration of the time specified in section
125.83. At least two copies of the report shall be filed with the
clerk, who shall distribute the copies in the manner described by
section 125.80, subsection 2. The report shall state one of the four
following alternative findings:
1. That the respondent does not, as of the date of the report,
require further treatment for substance abuse. If the report so
states, the court shall order the respondent's immediate release from
involuntary commitment and terminate the proceedings.
2. That the respondent is a chronic substance abuser who is in
need of full-time custody, care, and treatment in a facility, and is
considered likely to benefit from treatment. If the report so
states, the court shall enter an order which may require the
respondent's continued placement and commitment to a facility for
appropriate treatment.
3. That the respondent is a chronic substance abuser who is in
need of treatment, but does not require full-time placement in a
facility. If the report so states, the report shall include the
chief medical officer's recommendation for treatment of the
respondent on an outpatient or other appropriate basis, and the court
shall enter an order which may direct the respondent to submit to the
recommended treatment. The order shall provide that if the
respondent fails or refuses to submit to treatment, as directed by
the court's order, the court may order that the respondent be taken
into immediate custody as provided by section 125.81 and, following
notice and hearing held in accordance with the procedures of sections
125.77 and 125.82, may order the respondent treated as a patient
requiring full-time custody, care, and treatment as provided in
subsection 2, and may order the respondent involuntarily committed to
a facility.
4. That the respondent is a chronic substance abuser who is in
need of treatment, but in the opinion of the chief medical officer is
not responding to the treatment provided. If the report so states,
the report shall include the facility administrator's recommendation
for alternative placement, and the court shall enter an order which
may direct the respondent's transfer to the recommended placement or
to another placement after consultation with respondent's attorney
and the facility administrator who made the report under this
subsection. Section History: Early Form
[82 Acts, ch 1212, § 12] Section History: Recent Form
90 Acts, ch 1020, § 2; 90 Acts, ch 1085, § 18
Referred to in § 125.85, 125.86, 229.21, 321J.3