232.49 Physical assessments and behavioral health evaluations — juvenile delinquency.
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/ia/chapter-232-juvenile-justice/232-49·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
1. a. Any time after the entry of an order of adjudication under section 232.47, the court may, after a hearing, order a physical assessment or behavioral health evaluation of a child if the court finds that a physical assessment or a behavioral health evaluation is necessary to determine the child’s physical condition or to determine if the child has a behavioral health condition.
b. The court may consider chemical dependency as either a physical condition or behavioral health condition and may consider a chemical dependency evaluation as either a physical assessment or behavioral health evaluation.
c. A hearing to order a physical assessment or behavioral health evaluation may be held at the same time as the adjudicatory hearing.
2. Unless otherwise ordered by the court, if a physical assessment or behavioral health evaluation indicates the child has behaved in a manner that threatened the safety of another person, has committed a violent act causing bodily injury to another person, or has been a victim or perpetrator of sexual abuse, the child’s parent, guardian, foster parent, or other person with custody of the child shall be provided with that information.
3. a. When possible, a physical assessment or behavioral health evaluation shall be conducted on an outpatient basis. However, if deemed necessary by the court, the court may order the child to a suitable hospital, facility, or institution for the purpose of an inpatient physical assessment or an inpatient behavioral health evaluation.
b. An inpatient physical assessment or an inpatient behavioral health evaluation shall not exceed thirty days.
4. a. Any time after the filing of a delinquency petition, the court may order a physical assessment or behavioral health evaluation of the child if all of the following circumstances apply:
(1)The court finds a physical assessment or a behavioral health evaluation to be in the best interest of the child.
(2)The parent, guardian, or custodian and the child’s counsel agree to the physical assessment or behavioral health evaluation.
b.
(1)A physical assessment or behavioral health evaluation shall be conducted on an outpatient basis unless the court, the child’s counsel, and the child’s parent, guardian, or custodian agree that the child should be ordered to a suitable hospital, facility, or institution for the purpose of an inpatient physical assessment or an inpatient behavioral health evaluation.
(2)An inpatient physical assessment or inpatient behavioral health evaluation shall not exceed thirty days.
[C66, 71, 73, 75, 77, §232.13; C79, 81, §232.49]
Referred to in §232.147
See Code editor’s note on simple harmonization at the beginning of this Code volume
Section amended