On March 16, 2005, the Iowa Court of Appeals, in In re R.I., citing the Iowa Supreme Court in In re Oseing, 296 N.W.2d 797, 799 (Iowa 1980) held the state could not obtain an involuntary outpatient commitment order without proving by clear and convincing evidence the same elements it would need to for an inpatient commitment. These elements are: "the respondent must be found to be (1) "afflicted with a mental illness," consequently (2) to lack "sufficient judgment to make responsible decisions with respect to his or her hospitalization or treatment," and (3) to be likely, if allowed to remain at liberty, to inflict physical injury on himself or others."
Last modified 3/17/2005
Copyright © 2005 Law Project for Psychiatric Rights. All Rights Reserved