§454.6. Judicial hearings; commitments

            A. The hearing shall take precedence over all other matters, except pending cases of the same type, and shall be a closed hearing. The court shall conduct the hearing in as formal a manner as is possible under the circumstances and shall adhere to the following:

            (1) Admitting evidence according to the usual rules of evidence.

            (2) Admitting first such witnesses and evidence that tend to show that the person who is the subject of the petition is a proper subject for involuntary commitment.

            (3) The respondent has a right to be present unless the court finds that he knowingly, voluntarily, and intelligently has waived his presence.

            (4) The respondent or his counsel shall have the right to present evidence and cross-examine witnesses who may testify at the hearing.

            (5) If the department is not the petitioner, the department or its counsel may present evidence, call witnesses, and cross-examine any witness testifying at the hearing.

            (6) If the respondent is present at the hearing and is medicated, the court shall be informed of the medication and its common effects.

            (7) The court shall cause a recording of the testimony of the hearing to be made, which shall be transcribed only in the event of an appeal from the judgment.

            B. If the court finds by clear and convincing evidence that the respondent has a developmental disability and is either dangerous to himself or dangerous to others, it may render a judgment for his commitment. Courts committing persons to the custody of the department shall not make such commitments to specific private or public facilities but shall only commit such individuals to the department. If the department is not the petitioner, the parties shall first consult with the department or its counsel before entering into a judgment stipulating to a commitment of the respondent to the department. When the judgment results in a commitment of the respondent to the department, either ordered by the court or through stipulation of the parties, the court shall cause reasonable notice of the judgment thereof to be delivered to the department.

            C. The department shall present a support plan to the committing court for its approval before formal admission into a specific residential living option or developmental disabilities services or both. The department shall present the support plan to the court annually for its review and approval. Any order of commitment to the department and any admission of a respondent in a residential living option shall be in the most integrated setting with consideration given the needs, desires and choice of the respondent, and shall be in accordance with the following conditions:

            (1) The admission can be reasonably accommodated taking into account the resources available to the state and the needs of others with developmental disabilities.

            (2) The respondent shall be subject to the admission criteria for that service setting.

            Acts 2005, No. 128, §1, eff. June 22, 2005; Acts 2017, No. 370, §1, eff. June 23, 2017; Acts 2019, No. 307, §1, eff. June 11, 2019.