125.83 Placement for evaluation.
381 words·~2 min read·
/ia/chapter-125-substance-use-disorders/125-83·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
If upon completion of the commitment hearing, the court finds that the contention that the respondent is a person with a substance use disorder has been sustained by clear and convincing evidence, the court shall order the respondent placed at a facility or under the care of a suitable facility on an outpatient basis as expeditiously as possible for a complete evaluation and appropriate treatment. Any peace officer shall have the authority to take the respondent into custody in any county in which the respondent is found for placement at a facility or under the care of a suitable facility in accordance with an order entered pursuant to this section.
The court shall furnish to the facility at the time of admission or outpatient placement, a written statement of facts setting forth the evidence on which the finding is based. The administrator of the facility shall report to the court no more than fifteen days after the individual is admitted to or placed under the care of the facility, which shall include the chief medical officer’s recommendation concerning treatment of a substance use disorder. An extension of time may be granted for a period not to exceed seven days upon a showing of good cause.
A copy of the report shall be sent to the respondent’s attorney who may contest the need for an extension of time if one is requested. If the request is contested, the court shall make an inquiry as it deems appropriate and may either order the respondent released from the facility or grant an extension of time for further evaluation. If the administrator fails to report to the court within fifteen days after the individual is admitted to the facility, and no extension of time has been requested, the administrator is guilty of contempt and shall be punished under chapter 665.
The court shall order a rehearing on the application to determine whether the respondent should continue to be held at the facility.
[C75, 77, §125.19(4); C79, 81, §229.52(2); 82 Acts, ch 1212, §11]
90 Acts, ch 1020, §1; 90 Acts, ch 1085, §17; 2011 Acts, ch 121, §47, 62; 2012 Acts, ch 1021, §43; 2023 Acts, ch 19, §119; 2025 Acts, ch 95, §2
Referred to in §125.84, 125.85, 125.87, 125.88, 125.89, 229.21
Section amended