Effective – 28 Aug 1996 632.390. Head of program to release certain patients — notification to interested parties — involuntary patient may become voluntary, notification to interested parties. — 1. The head of a mental health program shall release any person who is involuntarily detained under this chapter when, in his opinion, the person is […]
Effective – 28 Aug 1996 632.392. Release of patient involuntarily detained, duties of department — educational materials — disclosure of confidential information — “care provider” defined. — 1. Notwithstanding the provisions of subsection 1 of section 630.140, a mental health program and any treating physician, upon release of a patient who was committed or who […]
Effective – 28 Aug 1980 632.395. Court may order transfer of custody to federal facility, when — head of federal facility to be successor administrator — court to retain jurisdiction — orders from courts of other states to be observed in this state. — 1. If an individual ordered to be involuntarily detained or committed, […]
Effective – 28 Aug 1996 632.400. Reexamination of detained person. — Any respondent ordered detained for ninety-day or one-year periods of involuntary inpatient treatment or ordered detained for a period of up to one hundred eighty days of outpatient detention and treatment under this chapter shall be entitled to a reexamination of the order for […]
Effective – 28 Aug 1980 632.405. Prosecutor’s duties. — It shall be the duty of the prosecuting attorney of the county wherein a hearing described under this chapter takes place to represent the petitioner and to file and prosecute in court all petitions for detention, evaluation and treatment pursuant to this chapter. Such duty shall […]
Effective – 28 Aug 1996 632.410. Venue — change of jurisdiction. — Venue for proceedings for involuntary detentions pursuant to the provisions of this chapter shall be in the court having probate jurisdiction in the county in which the mental health program is located wherein the respondent is detained; provided, however, that if the respondent […]
Effective – 28 Aug 1996 632.415. Court to maintain register of attorneys available to represent patients — state to pay certain attorney’s fees. — 1. The judge having probate jurisdiction in each county where a mental health program is located shall prepare and maintain a current register of attorneys who have agreed to be appointed […]
Effective – 28 Aug 1980 632.420. Certain examining physicians to be paid by state. — The court having probate jurisdiction in appointing licensed physicians pursuant to section 632.345 shall choose, if available, physicians who have agreed to serve without fee or physicians paid by any private or public agency, if they are found suitable; provided, […]
Effective – 28 Aug 1980 632.425. Physician-patient, psychologist-patient privileges waived in detention proceedings. — The physician-patient privilege recognized by section 491.060 and the psychologist-patient privilege recognized by section 337.055 shall be deemed waived in detention proceedings under this chapter. The fact that such privileges have been waived pursuant to this section does not by itself […]
Effective – 28 Aug 1980 632.430. Appeals — to have priority — attorney general to be notified and to represent state. — 1. Appeals from court orders made under this chapter may be made by the respondent or by the petitioner to the appropriate appellate court pursuant to the rules of civil procedure of the […]
Effective – 28 Aug 1980 632.435. Habeas corpus. — Any person detained under this chapter shall be entitled to apply for a writ of habeas corpus. ——– (L. 1980 H.B. 1724) CROSS REFERENCE: Alcohol and drug abuse detention, right of application for writ of habeas corpus, 631.175
Effective – 28 Aug 2008 632.440. No liability for health care professionals, public officials and certain peace officers. — No officer of a public or private agency, mental health facility or mental health program; no head, attending staff or consultant of any such agency, facility or mental health program; no mental health coordinator, registered professional […]
Effective – 28 Aug 1980 632.445. No liability for petitioners. — No person making or filing an application alleging that a person should be involuntarily detained, certified or committed, treated or evaluated pursuant to this chapter shall be rendered civilly or criminally liable if the application was made and filed in good faith. ——– (L. […]
Effective – 28 Aug 1980 632.450. Representation by attorney required — duties of attorney. — 1. An attorney shall be appointed to represent the respondent in all judicial proceedings under this chapter, including appeal, unless relieved by the courts for good cause shown. 2. The attorneys shall personally contact the respondent within two days of […]
Effective – 28 Aug 1996 632.455. Patient, absent without permission, return may be requested, when. — 1. If requested to do so by the head of a mental health program, the sheriff of the county where a patient absent without authorization is found shall apprehend and return him to the program. 2. The head of […]
Effective – 28 Aug 1982 632.475. Sexual psychopaths committed before August 13, 1980, effect — application for release, hearing procedure — law officers to be given notice of probation or discharge. — 1. Persons committed to the department as criminal sexual psychopaths under statutes in effect before August 13, 1980, shall remain committed under those […]
