reglab/statecodes huggingface dataset:
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 225C - MENTAL HEALTH AND DISABILITY SERVICES › Section 225C.28B - Rights of persons with an intellectual disability, developmental disabilities, brain injury, or chronic mental illness.

225C.28B Rights of persons with an intellectual disability, developmental disabilities, brain injury, or chronic mental illness.
All of the following rights shall apply to a person with an intellectual disability, a developmental disability, brain injury, or chronic mental illness:
1. Wage protection. A person with an intellectual disability, a developmental disability, brain injury, or chronic mental illness engaged in work programs shall be paid wages commensurate with the going rate for comparable work and productivity.
2. Insurance protection. Pursuant to section 507B.4, subsection 3, paragraph “g”, a person or designated group of persons shall not be denied insurance coverage by reason of an intellectual disability, a developmental disability, brain injury, or chronic mental illness.
3. Due process. A person with an intellectual disability, a developmental disability, brain injury, or chronic mental illness retains the right to citizenship in accordance with the laws of the state.
4. Participation in planning activities. If an individual treatment, habilitation, and program plan is developed for a person with an intellectual disability, a developmental disability, brain injury, or chronic mental illness, the person has the right to participate in the formulation of the plan.
92 Acts, ch 1241, §67; 2012 Acts, ch 1019, §72; 2012 Acts, ch 1023, §148
Referred to in §225C.25, 225C.29
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 225C - MENTAL HEALTH AND DISABILITY SERVICES › Section 225C.29 - Compliance.

225C.29 Compliance.
Except for a violation of section 225C.28B, subsection 2, the sole remedy for violation of a rule adopted by the commission to implement sections 225C.25, 225C.26, 225C.28A, and 225C.28B shall be by a proceeding for compliance initiated by request to the division pursuant to chapter 17A. Any decision of the division shall be in accordance with due process of law and is subject to appeal to the Iowa district court pursuant to sections 17A.19 and 17A.20 by any aggrieved party. Either the division or a party in interest may apply to the Iowa district court for an order to enforce the decision of the division. Any rules adopted by the commission to implement sections 225C.25, 225C.26, 225C.28A, and 225C.28B do not create any right, entitlement, property or liberty right or interest, or private cause of action for damages against the state or a political subdivision of the state or for which the state or a political subdivision of the state would be responsible. Any violation of section 225C.28B, subsection 2, shall solely be subject to the enforcement by the commissioner of insurance and penalties granted by chapter 507B for a violation of section 507B.4, subsection 3, paragraph “g”.
85 Acts, ch 249, §6; 92 Acts, ch 1241, §68; 92 Acts, ch 1247, §17; 2012 Acts, ch 1023, §149; 2022 Acts, ch 1032, §42
Section amended
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 225C - MENTAL HEALTH AND DISABILITY SERVICES › Section 225C.32 - Plan appeals process.

225C.32 Plan appeals process.
The department shall establish an appeals process by which a mental health, intellectual disability, and developmental disabilities coordinating board or an affected party may appeal a decision of the department or of the coordinating board.
88 Acts, ch 1245, §8; 2012 Acts, ch 1019, §73
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 225C - MENTAL HEALTH AND DISABILITY SERVICES › Section 225C.35 - Definitions.

225C.35 Definitions.
For purposes of this subchapter, unless the context otherwise requires:
1. “Department” means the department of human services.
2. “Family” means a family member and the parent or legal guardian of the family member.
3. “Family member” means a person less than eighteen years of age who by educational determination has a moderate, severe, or profound educational disability or special health care needs or who otherwise meets the definition of developmental disability in the federal Developmental Disabilities Assistance and Bill of Rights Act, as codified in 42 U.S.C. §15002. The department shall adopt rules establishing procedures for determining whether a child has a developmental disability.
4. “Legal guardian” means a person appointed by a court to exercise powers over a family member.
5. “Medical assistance” means payment of all or part of the care authorized to be provided pursuant to chapter 249A.
6. “Parent” means a biological or adoptive parent.
7. “Supplemental security income” means financial assistance provided to individuals pursuant to Tit. XVI of the federal Social Security Act, 42 U.S.C. §1381 – 1383c.
88 Acts, ch 1122, §2; 90 Acts, ch 1114, §1; 96 Acts, ch 1129, §113; 2009 Acts, ch 41, §89; 2014 Acts, ch 1092, §171
Referred to in §225C.37
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 225C - MENTAL HEALTH AND DISABILITY SERVICES › Section 225C.36 - Family support subsidy program.

225C.36 Family support subsidy program.
A family support subsidy program is created as specified in this subchapter. The purpose of the family support subsidy program is to keep families together by defraying some of the special costs of caring for a family member at home. The department shall adopt rules to implement the purposes of this section and sections 225C.37 through 225C.42 which assure that families retain the greatest possible flexibility in determining appropriate use of the subsidy.
88 Acts, ch 1122, §3; 90 Acts, ch 1114, §2; 2009 Acts, ch 41, §90
Referred to in §225C.49
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 225C - MENTAL HEALTH AND DISABILITY SERVICES › Section 225C.37 - Program specifications rules.

225C.37 Program specifications rules.
1. A parent or legal guardian of a family member may apply to the local office of the department for the family support subsidy program. The application shall include:
a. A statement that the family resides in a county of this state.
b. Verification that the family member meets the definitional requirements of section 225C.35, subsection 3. Along with the verification, the application shall identify an age when the family member’s eligibility for the family support subsidy under such definitional requirements will end. The age identified is subject to approval by the department.
c. A statement that the family member resides, or is expected to reside, with the parent or legal guardian of the family member or, on a temporary basis, with another relative of the family member.
d. A statement that if the child receives medical assistance, then the family support subsidy shall only be used for the cost of a service which is not covered by medical assistance. The family may receive welfare assistance for which the family is eligible.
e. Verification that the net taxable income for the family for the calendar year immediately preceding the date of application did not exceed forty thousand dollars unless it can be verified that the estimated net taxable income for the family for the year in which the application is made will be less than forty thousand dollars.
2. Within the limits set by the appropriation for this purpose, the department shall approve or disapprove the application based on the family support services plan which identifies the needs of the child and the family and the eligibility criteria required to be included in the application under subsection 1, paragraphs “a” through “e”, and shall notify the parent or legal guardian of the decision.
3. Effective July 1, 2010, the department shall not accept new applications for the family support subsidy program and shall not approve pending applications for the program. Subsidy termination or application denial relating to family members enrolled in the family support subsidy program as of July 1, 2010, is subject to section 225C.40.
88 Acts, ch 1122, §4; 90 Acts, ch 1039, §13; 90 Acts, ch 1114, §3; 2006 Acts, ch 1159, §11; 2009 Acts, ch 41, §263; 2010 Acts, ch 1031, §403
Referred to in §225C.36, 225C.40
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 225C - MENTAL HEALTH AND DISABILITY SERVICES › Section 225C.39 - Subsidy payments not alienable.

225C.39 Subsidy payments not alienable.
Family support subsidy payments shall not be alienable by action, including but not limited to, assignment, sale, garnishment, or execution, and in the event of bankruptcy shall not pass to or through a trustee or any other person acting on behalf of creditors.
88 Acts, ch 1122, §6
Referred to in §225C.36
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 225C - MENTAL HEALTH AND DISABILITY SERVICES › Section 225C.40 - Termination or denial of subsidy — hearing.

225C.40 Termination or denial of subsidy — hearing.
1. The family support subsidy shall terminate if any of the following occur:
a. The family member dies.
b. The family no longer meets the eligibility criteria in section 225C.37.
c. The family member attains the age of eighteen years.
d. The family member is no longer eligible for special education pursuant to section 256B.9, subsection 1, paragraph “c” or “d”.
2. The family support subsidy may be terminated by the department if a report required by section 225C.38, subsection 3, is not timely made or a report required by section 225C.38, subsection 3, paragraph “a”, contains false information.
3. If an application for a family support subsidy is denied, the family member end-of-eligibility age identified in the application is not approved by the department, or a family support subsidy is terminated by the department, the parent or legal guardian of the affected family member may request, in writing, a hearing before an impartial hearing officer.
4. If a family appeals the termination of a family member who has attained the age of eighteen years, family support subsidy payments for that family member shall be withheld pending resolution of the appeal.
88 Acts, ch 1122, §7; 2006 Acts, ch 1159, §14; 2008 Acts, ch 1187, §114
Referred to in §225C.36, 225C.37, 225C.38
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 225C - MENTAL HEALTH AND DISABILITY SERVICES › Section 225C.41 - Appropriations.

225C.41 Appropriations.
1. Family support subsidy payments shall be paid from funds appropriated by the general assembly for this purpose.
2. Notwithstanding section 8.33, funds remaining unexpended on June 30 of any fiscal year shall not revert to the general fund of the state but shall remain available to provide family support subsidy payments or to expand the comprehensive family support program in the succeeding fiscal year.
88 Acts, ch 1122, §8; 91 Acts, ch 38, §4; 2006 Acts, ch 1159, §15; 2020 Acts, ch 1062, §94
Referred to in §225C.36, 225C.38
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 225C - MENTAL HEALTH AND DISABILITY SERVICES › Section 225C.42 - Annual evaluation of program.

225C.42 Annual evaluation of program.
1. The department shall conduct an annual evaluation of the family support subsidy program and shall submit the evaluation report with recommendations to the governor and general assembly. The report shall be submitted on or before October 30 and provide an evaluation of the latest completed fiscal year.
2. The evaluation content shall include but is not limited to all of the following items:
a. A statement of the number of children and families served by the program during the period and the number remaining on the waiting list at the end of the period.
b. A description of the children and family needs to which payments were applied.
c. An analysis of the extent to which payments enabled children to remain in their homes. The analysis shall include but is not limited to all of the following items concerning children affected by the payments:
(1) The number and percentage of children who remained with their families.
(2) The number and percentage of children who returned to their home from an out-of-home placement and the type of placement from which the children returned.
(3) The number of children who received an out-of-home placement during the period and the type of placement.
d. An analysis of parent satisfaction with the program.
e. An analysis of efforts to encourage program participation by eligible families.
f. The results of a survey of families participating in the program in order to assess the adequacy of subsidy payment amounts and the degree of unmet need for services and supports.
3. The evaluation content may include any of the following items:
a. An overview of the reasons families voluntarily terminated participation in the family support subsidy program and the involvement of the department in offering suitable alternatives.
b. The geographic distribution of families receiving subsidy payments.
c. An overview of problems encountered by families in applying for the program, including obtaining documentation of eligibility.
88 Acts, ch 1122, §9; 91 Acts, ch 38, §5; 2004 Acts, ch 1116, §1, 2; 2005 Acts, ch 19, §36; 2006 Acts, ch 1159, §16, 28; 2013 Acts, ch 138, §87; 2022 Acts, ch 1032, §43
Referred to in §225C.36
Subsection 2, paragraph c amended
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 225C - MENTAL HEALTH AND DISABILITY SERVICES › Section 225C.49 - Departmental duties concerning services to individuals with a disability.

225C.49 Departmental duties concerning services to individuals with a disability.
1. The department shall provide coordination of the programs administered by the department which serve individuals with a disability and the individuals’ families, including but not limited to the following juvenile justice and child welfare services: family-centered services described under section 232.102, decategorization of child welfare funding provided for under section 232.188, and foster care services paid under section 234.35, subsection 3. The department shall regularly review administrative rules associated with such programs and make recommendations to the council on human services, governor, and general assembly for revisions to remove barriers to the programs for individuals with a disability and the individuals’ families including the following:
a. Eligibility prerequisites which require declaring the individual at risk of abuse, neglect, or out-of-home placement.
b. Time limits on services which restrict addressing ongoing needs of individuals with a disability and their families.
2. The department shall coordinate the department’s programs and funding utilized by individuals with a disability and their families with other state and local programs and funding directed to individuals with a disability and their families.
3. In implementing the provisions of this section, the department shall do all of the following:
a. Compile information concerning services and other support available to individuals with a disability and their families. Make the information available to individuals with a disability and their families and department staff.
b. Utilize internal training resources or contract for additional training of staff concerning the information under paragraph “a” and training of families and individuals as necessary to implement the family support subsidy and comprehensive family support programs under this chapter.
4. The department shall designate one individual whose sole duties are to provide central coordination of the programs under sections 225C.36 and 225C.47 and to oversee development and implementation of the programs.
96 Acts, ch 1084, §7; 2006 Acts, ch 1159, §23, 24; 2007 Acts, ch 172, §8; 2013 Acts, ch 138, §89
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 225C - MENTAL HEALTH AND DISABILITY SERVICES › Section 225C.52 - Children’s behavioral health system state board — duties.

225C.52 Children’s behavioral health system state board — duties.
To the extent funding is available, the state board shall perform the following duties:
1. Advise the administrator on the administration of the children’s behavioral health system.
2. Provide consultation services to agencies regarding the development of administrative rules for the children’s behavioral health system.
3. Identify behavioral health outcomes and indicators for eligible children with a serious emotional disturbance to promote children living with their own families and in the community.
4. Submit a written report on or before December 1 of each year to the governor and the general assembly. At a minimum, the report shall include a summary of all activities undertaken by the state board and results from identified behavioral health outcomes and indicators for the children’s behavioral health system.
2019 Acts, ch 61, §9, 22; 2020 Acts, ch 1063, §83
Former §225C.52 repealed by
2019 Acts, ch 61, §22
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 226 - STATE MENTAL HEALTH INSTITUTES › Section 226.1 - Official designation — definitions.

226.1 Official designation — definitions.
1. The state hospitals for persons with mental illness shall be designated as follows:
a. Mental Health Institute, Independence, Iowa.
b. Mental Health Institute, Cherokee, Iowa.
2. a. The purpose of the mental health institutes is to operate as regional resource centers providing one or more of the following:
(1) Treatment, training, care, habilitation, and support of persons with mental illness or a substance abuse problem.
(2) Facilities, services, and other support to the communities located in the region being served by a mental health institute so as to maximize the usefulness of the mental health institutes while minimizing overall costs.
(3) A unit for the civil commitment of sexually violent predators committed to the custody of the director of human services pursuant to chapter 229A.
b. In addition, the mental health institutes are encouraged to act as a training resource for community-based program staff, medical students, and other participants in professional education programs.
3. A mental health institute may request the approval of the council on human services to change the name of the institution for use in communication with the public, in signage, and in other forms of communication.
4. For the purposes of this chapter, unless the context otherwise requires:
a. “Administrator” means the person assigned by the director of human services to control the state mental health institutes.
b. “Department” means the department of human services.
c. “Mental health and disability services region” means a mental health and disability services region formed in accordance with section 331.389.
d. “Regional administrator” means the regional administrator of a mental health and disability services region, as defined in section 331.388.
[R60, §1471; C73, §1383; C97, §2253; S13, §2253-a; C24, 27, 31, 35, 39, §3483; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §226.1]
96 Acts, ch 1129, §113; 98 Acts, ch 1155, §10
; 2001 Acts, 2nd Ex, ch 6, §33, 37
; 2009 Acts, ch 41, §263; 2015 Acts, ch 69, §44; 2019 Acts, ch 100, §2
Referred to in §230.20
Unit for civil commitment of sexually violent predators located at the mental health institute at Cherokee; 2002 Acts, 2nd Ex, ch 1003, §131
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 226 - STATE MENTAL HEALTH INSTITUTES › Section 226.2 - Qualifications of superintendent.

226.2 Qualifications of superintendent.
The superintendent of each institute must be qualified by experience and training in the administration of human service programs. A physician shall not serve as both superintendent and business manager. A hospital administrator or other person qualified in business management appointed superintendent may also be designated to perform the duties of business manager without additional compensation. A physician appointed superintendent shall be designated clinical director and shall perform the duties imposed on the superintendent by section 226.6, subsection 1, and such other duties of the superintendent as must by their nature be performed by a physician.
[R60, §1430, 1474; C73, §1386, 1391; C97, §2255, 2258; C24, 27, 31, 35, 39, §3484; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §226.2; 81 Acts, ch 79, §1]
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 226 - STATE MENTAL HEALTH INSTITUTES › Section 226.3 - Assistant physicians.

226.3 Assistant physicians.
The assistant physicians shall be of such character and qualifications as to be able to perform the ordinary duties of the superintendent during the superintendent’s absence or inability to act.
[R60, §1432; C73, §1394; C97, §2260; C24, 27, 31, 35, 39, §3485; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §226.3]
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 226 - STATE MENTAL HEALTH INSTITUTES › Section 226.4 - Salary of superintendent.

226.4 Salary of superintendent.
The salary of the superintendent of each hospital shall be determined by the administrator.
[R60, §1469, 1496; C97, §2258; C24, 27, 31, 35, 39, §3486; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §226.4]
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 226 - STATE MENTAL HEALTH INSTITUTES › Section 226.5 - Superintendent as witness.

226.5 Superintendent as witness.
The superintendents and assistant physicians of said hospitals, when called as witnesses in any court, shall be paid the same mileage which other witnesses are paid and in addition thereto shall be paid a fee of twenty-five dollars per day, said fee to revert to the support fund of the hospital the superintendent or assistant physician serves.
[C73, §1429; C97, §2293; C24, 27, 31, 35, 39, §3487; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §226.5]
Mileage, §622.69
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 226 - STATE MENTAL HEALTH INSTITUTES › Section 226.6 - Duties of superintendent.

226.6 Duties of superintendent.
The superintendent shall:
1. Have the control of the medical, mental, moral, and dietetic treatment of the patients in the superintendent’s custody subject to the approval of the administrator.
2. Require all subordinate officers and employees to perform their respective duties.
3. Have an official seal with the name of the hospital and the word “Iowa” thereon and affix the same to all notices, orders of discharge, or other papers required to be given by the superintendent.
4. Keep proper books in which shall be entered all moneys and supplies received on account of any patient and a detailed account of the disposition of the same.
[R60, §1430, 1431; C73, §1391, 1393, 1430; C97, §2258, 2294; C24, 27, 31, 35, 39, §3488; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §226.6]
Referred to in §226.2
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 226 - STATE MENTAL HEALTH INSTITUTES › Section 226.7 - Order of receiving patients.

226.7 Order of receiving patients.
1. a. Preference in the reception of patients into said hospitals shall be exercised in the following order:
(1) Cases of less duration than one year.
(2) Chronic cases, where the disease is of more than one-year duration, presenting the most favorable prospect for recovery.
(3) Those for whom application has been longest on file, other things being equal.
b. Where cases are equally meritorious in all other respects, the indigent shall have the preference.
2. If the district court commits a patient to a state mental health institute and a bed for the patient is not available, the institute shall assist the court in locating an alternative placement for the patient.
[R60, §1438; C73, §1422; C97, §2286; C24, 27, 31, 35, 39, §3489; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §226.7]
92 Acts, ch 1241, §69; 2009 Acts, ch 41, §263
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 226 - STATE MENTAL HEALTH INSTITUTES › Section 226.8 - Persons with diagnosis of intellectual disability — admission or transfer to state mental health institute.

226.8 Persons with diagnosis of intellectual disability — admission or transfer to state mental health institute.
1. Admission or transfer pursuant to section 222.7 to a state mental health institute of a person with a diagnosis of an intellectual disability, as defined in section 4.1, shall only occur under the following conditions:
a. If all of the following requirements are met:
(1) The person has been determined by the state mental health institute to meet admission criteria for inpatient psychiatric care.
(2) The state mental health institute has determined the person will benefit from psychiatric treatment or from some other specific program available at the state mental health institute.
(3) There is sufficient capacity available at the state mental health institute to support the needs of the person.
b. If determined appropriate for the person at the sole discretion of the director of human services, the administrator, or the director’s or administrator’s designee.
2. Charges for the care of any person with a diagnosis of an intellectual disability admitted to a state mental health institute shall be made by the institute in the manner provided by chapter 230, but the liability of any other person to any mental health and disability services region for the cost of care of such person with a diagnosis of an intellectual disability shall be as prescribed by section 222.78.
[R60, §1468, 1491; C73, §1434; C97, §2298; C24, 27, 31, 35, 39, §3490; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §226.8]
96 Acts, ch 1129, §113; 2012 Acts, ch 1019, §75; 2022 Acts, ch 1131, §59
Section amended
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 226 - STATE MENTAL HEALTH INSTITUTES › Section 226.9 - Custody of patient.

226.9 Custody of patient.
The superintendent, upon the receipt of a duly executed order of admission of a patient into the hospital for persons with mental illness, pursuant to section 229.13, shall take such patient into custody and restrain the patient as provided by law and the rules of the administrator, without liability on the part of such superintendent and all other officers of the hospital to prosecution of any kind on account thereof, but no person shall be detained in the hospital who is found by the superintendent to be in good mental health.
[C73, §1411; C97, §2278; C24, 27, 31, 35, 39, §3491; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §226.9]
96 Acts, ch 1129, §113
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 226 - STATE MENTAL HEALTH INSTITUTES › Section 226.9B - Net general fund appropriation — psychiatric medical institution for children.

226.9B Net general fund appropriation — psychiatric medical institution for children.
1. The psychiatric medical institution for children beds operated by the state at the state mental health institute at Independence, as authorized in section 135H.6, shall operate on the basis of a net appropriation from the general fund of the state. The allocation made by the department from the annual appropriation to the state mental health institute at Independence for the purposes of the beds shall be the net amount of state moneys projected to be needed for the beds for the fiscal year of the appropriation.
2. Revenues received that are attributed to the psychiatric medical institution for children beds during a fiscal year shall be credited to the mental health institute’s account and shall be considered repayment receipts as defined in section 8.2, including but not limited to all of the following:
a. The federal share of medical assistance program revenue received under chapter 249A.
b. Moneys received through client financial participation.
c. Other revenues directly attributable to the psychiatric medical institution for children beds.
2005 Acts, ch 175, §95
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 226 - STATE MENTAL HEALTH INSTITUTES › Section 226.10 - Equal treatment.

226.10 Equal treatment.
The patients of the state mental health institutes, according to their different conditions of mind and body, and their respective needs, shall be provided for and treated with equal care. If in addition to mental illness a patient has a co-occurring intellectual disability, brain injury, or substance abuse disorder, the care provided shall also address the co-occurring needs.
[C73, §1420; C97, §2284; C24, 27, 31, 35, 39, §3492; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §226.10]
2012 Acts, ch 1120, §64
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 226 - STATE MENTAL HEALTH INSTITUTES › Section 226.11 - Special care permitted.

226.11 Special care permitted.
Patients may have such special care as may be agreed upon with the superintendent, if the friends or relatives of the patient will pay the expense thereof. Charges for such special care and attendance shall be paid quarterly in advance.
[C73, §1420, 1421; C97, §2284, 2285; C24, 27, 31, 35, 39, §3493; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §226.11]
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 226 - STATE MENTAL HEALTH INSTITUTES › Section 226.12 - Monthly reports.

226.12 Monthly reports.
The administrator shall assure that the superintendent of each institute provides monthly reports concerning the programmatic, environmental, and fiscal condition of the institute. The administrator or the administrator’s designee shall periodically visit each institute to validate the information.
[C73, §1435, 1441; C97, §2299; SS15, §2727-a11; C24, 27, 31, 35, 39, §3494; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §226.12]
91 Acts, ch 38, §6
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 226 - STATE MENTAL HEALTH INSTITUTES › Section 226.13 - Patients allowed to write.

226.13 Patients allowed to write.
The name and address of the administrator shall be kept posted in every ward in each hospital. Every patient shall be allowed to write once a week what the patient pleases to said administrator and to any other person. The superintendent may send letters addressed to other parties to the administrator for inspection before forwarding them to the individual addressed.
[C73, §1436; C97, §2300; C24, 27, 31, 35, 39, §3495; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §226.13]
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 226 - STATE MENTAL HEALTH INSTITUTES › Section 226.14 - Writing material.

226.14 Writing material.
Every patient shall be furnished by the superintendent or party having charge of such person, at least once in each week, with suitable materials for writing, enclosing, sealing, and mailing letters, if the patient requests and uses the same.
[C73, §1437; C97, §2301; C24, 27, 31, 35, 39, §3496; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §226.14]
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 226 - STATE MENTAL HEALTH INSTITUTES › Section 226.15 - Letters to administrator.

226.15 Letters to administrator.
The superintendent or other officer in charge of a patient shall, without reading the same, receive all letters addressed to the administrator, if so requested, and shall properly mail the same, and deliver to such patient all letters or other writings addressed to the patient. Letters written to the person so confined may be examined by the superintendent, and if, in the superintendent’s opinion, the delivery of such letters would be injurious to the person so confined, the superintendent shall return the letters to the writer with the superintendent’s reasons for not delivering them.
[C73, §1438; C97, §2302; C24, 27, 31, 35, 39, §3497; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §226.15]
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 226 - STATE MENTAL HEALTH INSTITUTES › Section 226.16 - Unauthorized departure and retaking.

226.16 Unauthorized departure and retaking.
It shall be the duty of the superintendent and of all other officers and employees of any of said hospitals, in case of the unauthorized departure of any involuntarily hospitalized patient, to exercise all due diligence to take into protective custody and return said patient to the hospital. A notification by the superintendent of such unauthorized departure to any peace officer of the state or to any private person shall be sufficient authority to such officer or person to take and return such patient to the hospital.
[R60, §1445; C73, §1423; C97, §2287; S13, §2287; C24, 27, 31, 35, 39, §3498; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §226.16]
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 226 - STATE MENTAL HEALTH INSTITUTES › Section 226.17 - Expense attending retaking.

226.17 Expense attending retaking.
All actual and necessary expenses incurred in the taking into protective custody, restraint, and return to the hospital of the patient shall be paid on itemized vouchers, sworn to by the claimants and approved by the business manager and the administrator, from any moneys in the state treasury not otherwise appropriated.
[R60, §1445; C73, §1423; C97, §2287; S13, §2287; C24, 27, 31, 35, 39, §3499; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §226.17]
2019 Acts, ch 24, §104
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 226 - STATE MENTAL HEALTH INSTITUTES › Section 226.18 - Investigation as to mental health.

226.18 Investigation as to mental health.
The administrator may investigate the mental condition of any patient and shall discharge any person, if, in the administrator’s opinion, such person is not mentally ill, or can be cared for after such discharge without danger to others, and with benefit to the patient; but in determining whether such patient shall be discharged, the recommendation of the superintendent shall be secured. If the administrator orders the discharge of an involuntarily hospitalized patient, the discharge shall be by the procedure prescribed in section 229.16. The power to investigate the mental condition of a patient is merely permissive, and does not repeal or alter any statute respecting the discharge or commitment of patients of the state hospitals.
[S13, §2727-a25; C24, 27, 31, 35, 39, §3500; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §226.18]
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 226 - STATE MENTAL HEALTH INSTITUTES › Section 226.19 - Discharge — certificate.

226.19 Discharge — certificate.
1. Every patient shall be discharged in accordance with the procedure prescribed in section 229.3 or section 229.16, whichever is applicable, immediately on regaining the patient’s good mental health.
2. If a patient’s care is the financial responsibility of the state or a county, as part of the patient’s discharge planning the state mental health institute shall provide assistance to the patient in obtaining eligibility for the federal state supplemental security income program.
[R60, §1485; C73, §1424; C97, §2288; C24, 27, 31, 35, 39, §3501; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §226.19]
2005 Acts, ch 175, §97; 2006 Acts, ch 1010, §68
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 226 - STATE MENTAL HEALTH INSTITUTES › Section 226.22 - Clothing furnished.

226.22 Clothing furnished.
Upon such discharge the business manager shall furnish such person, unless otherwise supplied, with suitable clothing and a sum of money not exceeding twenty dollars, which shall be charged with the other expenses of such patient in the hospital.
[R60, §1485; C73, §1424; C97, §2288; C24, 27, 31, 35, 39, §3504; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §226.22]
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 226 - STATE MENTAL HEALTH INSTITUTES › Section 226.23 - Convalescent leave of patients.

226.23 Convalescent leave of patients.
Upon the recommendation of the superintendent and in accordance with section 229.15, subsection 5, in the case of an involuntary patient, the administrator may place on convalescent leave said patient for a period not to exceed one year, under such conditions as are prescribed by said administrator.
[C73, §1424; C97, §2288; C24, 27, 31, 35, 39, §3505; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §226.23]
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 226 - STATE MENTAL HEALTH INSTITUTES › Section 226.26 - Dangerous patients.

226.26 Dangerous patients.
The administrator, on the recommendation of the superintendent, and on the application of the relatives or friends of a patient who is not cured and who cannot be safely allowed to go at liberty, may release the patient when fully satisfied that the relatives or friends will provide and maintain all necessary supervision, care, and restraint over the patient. If the patient being released was involuntarily hospitalized, the consent of the district court which ordered the patient’s hospitalization placement shall be obtained in advance in substantially the manner prescribed by section 229.14.
[R60, §1482; C73, §1408; C97, §2276; C24, 27, 31, 35, 39, §3508; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §226.26]
2001 Acts, ch 155, §42
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 226 - STATE MENTAL HEALTH INSTITUTES › Section 226.27 - Patient accused or acquitted of crime or awaiting judgment.

226.27 Patient accused or acquitted of crime or awaiting judgment.
If a patient was committed to a state hospital for evaluation or treatment under chapter 812 or the rules of criminal procedure, further proceedings shall be had under chapter 812 or the applicable rule when the evaluation has been completed or the patient has regained mental capacity, as the case may be.
[R60, §1460; C73, §1413; C97, §2280; C24, 27, 31, 35, 39, §3509; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §226.27]
84 Acts, ch 1323, §1
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 226 - STATE MENTAL HEALTH INSTITUTES › Section 226.30 - Transfer of dangerous patients.

226.30 Transfer of dangerous patients.
When a patient of any hospital for persons with mental illness becomes incorrigible and unmanageable to such an extent that the patient is dangerous to the safety of others in the hospital, the administrator, with the consent of the director of the Iowa department of corrections, may apply in writing to the district court or to any judge thereof, of the county in which the hospital is situated, for an order to transfer the patient to the Iowa medical and classification center and if the order is granted the patient shall be so transferred. The county attorney of the county shall appear in support of the application on behalf of the administrator.
[C24, 27, 31, 35, 39, §3512; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §226.30; 82 Acts, ch 1100, §6]
96 Acts, ch 1129, §113; 2019 Acts, ch 100, §3
Referred to in §226.31, 331.756(39)
See also §218.92
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 226 - STATE MENTAL HEALTH INSTITUTES › Section 226.31 - Examination by court — notice.

226.31 Examination by court — notice.
Before granting the order authorized in section 226.30, the court or judge shall investigate the allegations of the petition and before proceeding to a hearing on the allegations shall require notice to be served on the attorney who represented the patient in any prior proceedings under sections 229.6 through 229.15 or the advocate appointed under section 229.19, or in the case of a patient who entered the hospital voluntarily, on any relative, friend, or guardian of the person in question of the filing of the application. At the hearing the court or judge shall appoint a guardian ad litem for the person, if the court or judge deems such action necessary to protect the rights of the person. The guardian ad litem shall be a practicing attorney.
[C24, 27, 31, 35, 39, §3513; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §226.31]
90 Acts, ch 1271, §1503; 2020 Acts, ch 1063, §84
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 226 - STATE MENTAL HEALTH INSTITUTES › Section 226.32 - Overcrowded conditions.

226.32 Overcrowded conditions.
The administrator shall order the discharge or removal from the hospital of incurable and harmless patients whenever it is necessary to make room for recent cases. If a patient who is to be so discharged entered the hospital voluntarily, the administrator shall notify the regional administrator for the county interested at least ten days in advance of the day of actual discharge.
[R60, §1483; C73, §1425; C97, §2289; C24, 27, 31, 35, 39, §3514; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §226.32]
2015 Acts, ch 69, §46
Referred to in §226.33
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 226 - STATE MENTAL HEALTH INSTITUTES › Section 226.33 - Notice to court.

226.33 Notice to court.
When a patient who was hospitalized involuntarily and who has not fully recovered is discharged from the hospital by the administrator under section 226.32, notice of the order shall at once be sent to the court which ordered the patient’s hospitalization, in the manner prescribed by section 229.14.
[R60, §1484; C73, §1426; C97, §2290; C24, 27, 31, 35, 39, §3515; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §226.33]
2001 Acts, ch 155, §43
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 226 - STATE MENTAL HEALTH INSTITUTES › Section 226.34 - Investigation of death — notice.

226.34 Investigation of death — notice.
1. Upon the death of a patient, the county medical examiner shall conduct a preliminary investigation as required by section 218.64, in accordance with section 331.802.
2. If a patient in a mental health institute dies from any cause, the superintendent of the institute shall within three days of the date of death, send by certified mail a written notice of death to all of the following:
a. The decedent’s nearest relative.
b. The clerk of the district court of the county from which the patient was committed.
c. The sheriff of the county from which the patient was committed.
d. The regional administrator for the county from which the patient was committed.
[C73, §1439; C97, §2303; C24, 27, 31, 35, 39, §3516; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §226.34]
2008 Acts, ch 1187, §136; 2015 Acts, ch 69, §47
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 226 - STATE MENTAL HEALTH INSTITUTES › Section 226.40 - Emergency patients.

226.40 Emergency patients.
In case of emergency disaster, with the infliction of numerous casualties among the civilian population, the mental health institutes are authorized to accept sick and wounded persons without commitment or any other formalities.
[C62, 66, 71, 73, 75, 77, 79, 81, §226.40]
Referred to in §226.41
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 226 - STATE MENTAL HEALTH INSTITUTES › Section 226.41 - Charge permitted.

226.41 Charge permitted.
The hospital is authorized to make a charge for patients admitted under section 226.40, in the manner provided by law and subject to the changes provided in section 226.42.
[C62, 66, 71, 73, 75, 77, 79, 81, §226.41]
2019 Acts, ch 59, §65
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 226 - STATE MENTAL HEALTH INSTITUTES › Section 226.42 - Emergency powers of superintendents.

226.42 Emergency powers of superintendents.
In case the mental health institutes lose contact with the statehouse, due to enemy action or otherwise, the superintendents of the institutes are hereby delegated the following powers and duties:
1. May collect moneys due the state treasury from the counties and from responsible persons or other relatives, these funds to be collected monthly, instead of quarterly, and to be deposited for use in operating the institutes.
2. The superintendent shall have the power to requisition supplies, such as food, fuel, drugs and medical equipment, from any source available, in the name of the state, with the power to enter into contracts binding the state for payment at an indefinite future time.
3. The superintendent shall be authorized to employ personnel in all categories and for whatever remuneration the superintendent deems necessary, without regard to existing laws, rules or regulations, in order to permit the institute to continue its old functions, as well as meet its additional responsibilities.
[C62, 66, 71, 73, 75, 77, 79, 81, §226.42]
Referred to in §226.41
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 226 - STATE MENTAL HEALTH INSTITUTES › Section 226.43 - Fund created.

226.43 Fund created.
There is hereby established at each hospital a fund known as the “patients’ personal deposit fund”.
[C66, 71, 73, 75, 77, 79, 81, §226.43]
Referred to in §222.84
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 226 - STATE MENTAL HEALTH INSTITUTES › Section 226.44 - Deposits.

226.44 Deposits.
Any funds, including social security benefits, coming into the possession of the superintendent or any employee of the hospital belonging to any patient in that hospital, shall be deposited in the name of that patient in the patients’ personal deposit fund, except that if a guardian of the property of that patient has been appointed, the guardian shall have the right to demand and receive such funds. Funds belonging to a patient deposited in the patients’ personal deposit fund may be used for the purchase of personal incidentals, desires and comforts for the patient.
[C66, 71, 73, 75, 77, 79, 81, §226.44]
Referred to in §222.84
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 226 - STATE MENTAL HEALTH INSTITUTES › Section 226.45 - Reimbursement to county or state.

226.45 Reimbursement to county or state.
If a patient is not receiving medical assistance under chapter 249A and the amount in the account of any patient in the patients’ personal deposit fund exceeds two hundred dollars, the business manager of the hospital may apply any of the excess to reimburse the county of residence or the state when the patient is a resident in another state or in a foreign country, or when the patient’s residence is unknown, for liability incurred by the county or the state for the payment of care, support, and maintenance of the patient, when billed by the county of residence or by the administrator when the patient is a resident in another state or in a foreign country, or when the patient’s residence is unknown.
[C66, 71, 73, 75, 77, 79, 81, S81, §226.45; 81 Acts, ch 11, §16]
2012 Acts, ch 1120, §98, 130; 2018 Acts, ch 1165, §68
Referred to in §222.84
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 226 - STATE MENTAL HEALTH INSTITUTES › Section 226.46 - Deposit of fund.

226.46 Deposit of fund.
The business manager shall deposit the patients’ personal deposit fund in a commercial account of a bank of reputable standing. When deposits in the commercial account exceed average monthly withdrawals, the business manager may deposit the excess at interest. The savings account shall be in the name of the patients’ personal deposit fund and interest paid thereon may be used for recreational purposes at the hospital.
[C66, 71, 73, 75, 77, 79, 81, §226.46]
Referred to in §222.84
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 227 - FACILITIES FOR PERSONS WITH MENTAL ILLNESS OR AN INTELLECTUAL DISABILITY › Section 227.1 - Definitions — supervision.

227.1 Definitions — supervision.
1. For the purposes of this chapter, unless the context otherwise requires:
a. “Administrator” means the person assigned by the director of human services in the appropriate division of the department to administer mental health and disability services.
b. “Department” means the department of human services.
c. “Mental health and disability services region” means a mental health and disability services region formed in accordance with section 331.389.
d. “Regional administrator” means the regional administrator of a mental health and disability services region, as defined in section 331.388.
2. The regulatory requirements for county and private institutions where persons with mental illness or an intellectual disability are admitted, committed, or placed shall be administered by the administrator.
[S13, §2727-a58; C24, 27, 31, 35, 39, §3517; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §227.1]
96 Acts, ch 1129, §113; 2015 Acts, ch 69, §48; 2016 Acts, ch 1073, §76