Right to counsel

Involuntary treatment respondents have a right to counsel, and the court may appoint for some petitioners in substance use-related cases.

Involuntary treatment due to “serious mental impairment” or “substance use disorder”

Counsel for respondent

Applications for involuntary placement orders may be filed by “any interested person.” Iowa Code § 229.6(1).  And “upon completion of the hospitalization hearing”, the court may order the respondent receive a psychiatric evaluation or treatment on an inpatient or outpatient basis. See Iowa Code § 229.13.

Applications for involuntary placement may be made due to respondent’s alleged “serious mental impairment” or “substance use disorder”. See Iowa Code § 229.6.  As to the right to counsel in such matters, section 229.8 states:

As soon as practicable after the filing of an application [for an involuntary placement order] pursuant to section 229.6, the court shall do all of the following:

1. Determine whether the respondent has an attorney who is able and willing to represent the respondent in the hospitalization proceeding, and if not, whether the respondent is financially able to employ an attorney and capable of meaningfully assisting in selecting one. In accordance with those determinations, the court shall if necessary allow the respondent to select, or shall assign to the respondent, an attorney. …

See also Iowa Ct. R. 12.3(3)(a) (respondent “shall” be informed of “immediate right to counsel, at county expense if necessary”).

There is also a second section of the code under which involuntary treatment for substance use disorders can be sought, found within the Title governing Public Health matters. See Iowa Code § 125.74 to 125.94.  The section can be used to order inpatient or outpatient treatment. See Iowa Code § 125.83.

The language related to the right to counsel in this section is similar to that found in § 229.8, and the law provides:

As soon as practical after the filing of an application pursuant to section 125.75, the court shall:

1. Determine whether the respondent has an attorney who is able and willing to represent the respondent in the commitment proceeding, and if not, whether the respondent is financially able to employ an attorney and capable of meaningfully assisting in selecting an attorney. In accordance with those determinations, the court shall allow the respondent to select an attorney or shall assign an attorney to the respondent. …

Iowa Code § 125.78.

Counsel for petitioner (in substance use commitment matters)

The law also provides for the discretionary appointment of counsel for indigent petitioners in substance use disorder commitment matters:

If the application includes a request for a court-appointed attorney for the applicant and the court is satisfied that a court-appointed attorney is necessary to assist the applicant in a meaningful presentation of the evidence, and that the applicant is financially unable to employ an attorney, the court shall appoint an attorney to represent the applicant…

Iowa Code § 125.78(2).

Involuntary treatment of minors

Per § 229.6A, the juvenile court has original exclusive jurisdiction over minors subject to involuntary commitment matters, but the same procedures as are applicable to adults apply, including the right to counsel in matters related to applications for involuntary placement orders (Iowa Code § 229.8), which may be filed by “any interested person,” and subsequent placement proceedings (Iowa Code § 229.14A).

Additionally, a minor objecting to their parent, guardian, or custodian’s application to voluntarily hospitalize them has the right to counsel under Iowa Code § 229.2.  Where a parent, guardian, or custodian makes an application to voluntarily hospitalize their child, “the chief medical officer shall provide separate prescreening interviews and consultations with the parent, guardian, or custodian and the minor to assess the family environment and the appropriateness of the application for admission.” Id. at (1)(b)(1).  During the interview, the officer must inform the minor of their right to object to the admission, and “[i]f the chief medical officer of the hospital to which application is made determines that the admission is appropriate but the minor objects to the admission, the parent, guardian, or custodian must petition the juvenile court for approval of the admission before the minor is actually admitted.” Id. at (1)(b)(2).  If the minor is unrepresented, the court shall appoint counsel “[a]s soon as is practicable after the filing of a petition for juvenile court approval of the admission of the minor.” Id. at (1)(b)(3).