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Iowa Code § 232.49

Physical assessments and behavioral health evaluations — juvenile delinquency

Redline — January 1, 2012 → current.View current text →
Current — January 1, 2026
As of January 1, 2012
1. Following the entry of an order of adjudication under section 232.47 the court may, after a hearing which may be simultaneous with the adjudicatory hearing, order a physical or mental examination of the child if it finds that an examination is necessary to determine the child’s physical or mental condition. The court may consider chemical dependency as either a physical or mental condition and may consider a chemical dependency evaluation as either a physical or mental examination. If the examination indicates the child has behaved in a manner that threatened the safety of another person, has committed a violent act causing bodily injury to another person, or has been a victim or perpetrator of sexual abuse, unless otherwise ordered by the court, the child’s parent, guardian, or foster parent or other person with custody of the child shall be provided with that information.
1. a. Any time after the entry of an order of adjudication under section 232.47, the court may, after a hearing, order a physical assessment or behavioral health evaluation of a child if the court finds that a physical assessment or a behavioral health evaluation is necessary to determine the child’s physical condition or to determine if the child has a behavioral health condition.
b. The court may consider chemical dependency as either a physical condition or behavioral health condition and may consider a chemical dependency evaluation as either a physical assessment or behavioral health evaluation.
c. A hearing to order a physical assessment or behavioral health evaluation may be held at the same time as the adjudicatory hearing.
2. Unless otherwise ordered by the court, if a physical assessment or behavioral health evaluation indicates the child has behaved in a manner that threatened the safety of another person, has committed a violent act causing bodily injury to another person, or has been a victim or perpetrator of sexual abuse, the child’s parent, guardian, foster parent, or other person with custody of the child shall be provided with that information.
2. When possible an examination shall be conducted on an outpatient basis, but the court may, if it deems necessary, commit the child 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.
3. a. When possible, a physical assessment or behavioral health evaluation shall be conducted on an outpatient basis. However, if deemed necessary by the court, the court may order the child to a suitable hospital, facility, or institution for the purpose of an inpatient physical assessment or an inpatient behavioral health evaluation.
b. An inpatient physical assessment or an inpatient behavioral health evaluation shall not exceed thirty days.
3. a. 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:
4. a. Any time after the filing of a delinquency petition, the court may order a physical assessment or behavioral health evaluation of the child if all of the following circumstances apply:
(1) The court finds such examination to be in the best interest of the child; and
(1) The court finds a physical assessment or a behavioral health evaluation to be in the best interest of the child.
(2) The parent, guardian, or custodian and the child’s counsel agree.
(2) The parent, guardian, or custodian and the child’s counsel agree to the physical assessment or behavioral health evaluation.
b. An examination shall be conducted on an outpatient 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.
b. (1) A physical assessment or behavioral health evaluation shall be conducted on an outpatient basis unless the court, the child’s counsel, and the child’s parent, guardian, or custodian agree that the child should be ordered to a suitable hospital, facility, or institution for the purpose of an inpatient physical assessment or an inpatient behavioral health evaluation.
(2) An inpatient physical assessment or inpatient behavioral health evaluation shall not exceed thirty days.
86 Acts, ch 1186, §4; 2005 Acts, ch 124, §3; 2009 Acts, ch 41, §235
86 Acts, ch 1186, §4; 2005 Acts, ch 124, §3; 2009 Acts, ch 41, §235; 2025 Acts, ch 30, §50; 2025 Acts, ch 86, §17
See Code editor’s note on simple harmonization at the beginning of this Code volume
Section amended

Official source: Iowa Legislature. Reproduced from public-domain Iowa statutes; confirm against the official source for the current text. Not legal advice.