632.305. Detention for evaluation and treatment, who may request--procedure--duration--disposition after application.
Detention for evaluation and treatment, who mayrequest--procedure--duration--disposition after application.
632.305. 1. An application for detention for evaluation andtreatment may be executed by any adult person, who need not be an attorneyor represented by an attorney, including the mental health coordinator, ona form provided by the court for such purpose, and must allege under oaththat the applicant has reason to believe that the respondent is sufferingfrom a mental disorder and presents a likelihood of serious harm to himselfor to others. The application must specify the factual information onwhich such belief is based and should contain the names and addresses ofall persons known to the applicant who have knowledge of such facts throughpersonal observation.
2. The filing of a written application in court by any adult person,who need not be an attorney or represented by an attorney, including themental health coordinator, shall authorize the applicant to bring thematter before the court on an ex parte basis to determine whether therespondent should be taken into custody and transported to a mental healthfacility. The application may be filed in the court having probatejurisdiction in any county where the respondent may be found. If the courtfinds that there is probable cause, either upon testimony under oath orupon a review of affidavits, to believe that the respondent may besuffering from a mental disorder and presents a likelihood of serious harmto himself or others, it shall direct a peace officer to take therespondent into custody and transport him to a mental health facility fordetention for evaluation and treatment for a period not to exceedninety-six hours unless further detention and treatment is authorizedpursuant to this chapter. Nothing herein shall be construed to prohibitthe court, in the exercise of its discretion, from giving the respondent anopportunity to be heard.
3. A mental health coordinator may request a peace officer to take ora peace officer may take a person into custody for detention for evaluationand treatment for a period not to exceed ninety-six hours only when suchmental health coordinator or peace officer has reasonable cause to believethat such person is suffering from a mental disorder and that thelikelihood of serious harm by such person to himself or others is imminentunless such person is immediately taken into custody. Upon arrival at themental health facility, the peace officer or mental health coordinator whoconveyed such person or caused him to be conveyed shall either present theapplication for detention for evaluation and treatment upon which the courthas issued a finding of probable cause and the respondent was taken intocustody or complete an application for initial detention for evaluation andtreatment for a period not to exceed ninety-six hours which shall be basedupon his own personal observations or investigations and shall contain theinformation required in subsection 1 of this section.
4. If a person presents himself or is presented by others to a mentalhealth facility and a licensed physician, a registered professional nurseor a mental health professional designated by the head of the facility andapproved by the department for such purpose has reasonable cause to believethat the person is mentally disordered and presents an imminent likelihoodof serious harm to himself or others unless he is accepted for detention,the licensed physician, the mental health professional or the registeredprofessional nurse designated by the facility and approved by thedepartment may complete an application for detention for evaluation andtreatment for a period not to exceed ninety-six hours. The applicationshall be based on his own personal observations or investigation and shallcontain the information required in subsection 1 of this section.
(L. 1980 H.B. 1724, A.L. 1996 S.B. 884 & 841)