IN THE MATTER OF E.M., Alleged to be Seriously Mentally Impaired, E.M., Respondent-Appellant.
from the Iowa District Court for Des Moines County, Emily
Dean, District Associate Judge.
appeals the district court order finding she was seriously
mentally impaired. REVERSED AND REMANDED WITH
L. Mahoney of Crowley & Prill, Burlington, for appellant.
J. Miller, Attorney General, and Gretchen Kraemer, Assistant
Attorney General, for appellee State.
Considered by Vaitheswaran, P.J., and Tabor and Bower, JJ.
VAITHESWARAN, PRESIDING JUDGE.
appeal from an involuntary hospitalization order, E.M.
challenges the district court's finding of a serious
applicant seeking a person's involuntary hospitalization
based on mental illness must state a "belief that the
respondent is a person who presents a danger to self or
others and lacks judgmental capacity due to" "a
serious mental impairment as defined in section
229.1." Iowa Code § 229.6(2)(a)(2) (2017).
"Seriously mentally impaired" or "serious
mental impairment" describes the condition of a person
with mental illness and because of that illness lacks
sufficient judgment to make responsible decisions with
respect to the person's hospitalization or treatment, and
who because of that illness meets any of the following
(a) Is likely to physically injure the person's self or
others if allowed to remain at liberty without treatment.
(b) Is likely to inflict serious emotional injury on members
of the person's family or others who lack reasonable
opportunity to avoid contact with the person with mental
illness if the person with mental illness is allowed to
remain at liberty without treatment.
(c) Is unable to satisfy the person's needs for
nourishment, clothing, essential medical care, or shelter so
that it is likely that the person will suffer physical
injury, physical debilitation, or death.
(d) Has a history of lack of compliance with treatment and
any of the ...