Juvenile Mental Examination
Iowa Code section 232.49(3) (2009) establishes the criteria and procedure for ordering a mental examination of a juvenile:
At any time after the filing of a delinquency petition the court may order a physical or mental examination of the child if the following circumstances apply:
a. The court finds such examination to be in the best interest of the child; and
b. The parent, guardian, or custodian and the child’s counsel agree.
An examination shall be conducted on an out-patient basis unless the court, the child’s counsel and the parent, guardian, or custodian agree that it is necessary the child be committed to a suitable hospital, facility, or institution for the purpose of examination. Commitment for examination shall not exceed thirty days and the civil commitment provisions of chapter 229 shall not apply. Iowa Code section 232.49 (2009). In the Interest of W.B., Jr., 328 N.W.2d 518, 519 (Iowa 1983).
The act provides for pre-disposition detention under closely drawn limitations, one of which is that “the child is confined in a room entirely separated from adults.” Iowa Code § 232.22(2)(c)(4) (2009). The legislative intent that adult and juvenile populations not be mixed is further apparent from a statute governing operation of county jails:
Any sheriff, city marshal, or chief of police, having in his or her care or custody any prisoner under the age of eighteen years, shall keep such prisoner separate and apart, and prevent communication by such prisoner with prisoners above that age, while such prisoners are not under the personal supervision of such officer, if suitable buildings or jails are provided for that purpose, unless such prisoner is likely to or does exercise an immoral influence over other minors with whom he or she may be imprisoned.
A person under the age of eighteen years prosecuted under chapter 232 and not waived to criminal court shall be confined in a jail only under the conditions provided in chapter 232. In the Interest of W.B., Jr., 328 N.W.2d 518, 520 (Iowa 1983).
If the evidence at an adjudicatory or dispositional hearing indicates that the child is mentally ill, the court may direct the juvenile court officer or department to initiate proceedings or assist the child’s parent or guardian to initiate civil commitment proceedings in juvenile court. These proceedings shall adhere to the requirements under chapter 229 of the Iowa Code. Iowa Code section 232.51 (2009).
If the evidence at an adjudicatory or dispositional hearing indicates that the child is mentally retarded, the court may direct the juvenile court officer or department to initiate proceedings or to assist the child’s parent or guardian to initiate civil commitment proceedings in juvenile court. These proceedings shall adhere to the requirements of chapter 222. Iowa Code section 232.51 (2009).
If the child is adjudicated as mentally ill or mentally retarded, any order adjudicating the child to have committed a delinquent act shall be set aside and the petition shall be dismissed. Iowa Code section 232.51 (2009).
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