475.121 - Admission to mental health or developmental disability facilities.

Steven Groce, Attorney Advertisement

1.Pursuant to an application alleging that the admission of the ward to a particular mental health or developmental disability facility is appropriate and in the best interest of the ward, the court may authorize the guardian or limited guardian to admit the ward to such facility.Such application shall be accompanied by a physician's statement setting forth the factual basis for the need for continued admission including a statement of the ward's current diagnosis, plan of care, treatment or habilitation and the probable duration of the admission.

2.If the court finds that the application establishes the need for inpatient care, habilitation or treatment of the ward in a mental health or developmental disability facility without the adduction of further evidence, it shall issue an order authorizing the guardian to admit the ward to such facility in accordance with the provisions of section 632.120 or section 633.120.

3.The court may, in its discretion, appoint an attorney to represent the ward.The attorney shall meet with the ward and may request a hearing on the application.If a hearing is requested, the court shall set the application for hearing.If there is no request for hearing, the court may rule on the application without a hearing.The attorney for the ward shall be allowed a reasonable fee for his services rendered to be assessed as costs under section 475.085.

4.Proceedings under this section may be combined with adjudication proceedings under section 475.075.

(L. 1983 S.B. 44 & 45, A.L. 1985 S.B. 35, et al., A.L. 2011 H.B. 555 merged with H.B. 648)