135O.3 - RESPONSE TO ALLEGATIONS.
135O.3 RESPONSE TO ALLEGATIONS.
1. If the department or other state agency receives an allegation
of a violation of this chapter by a boarding home or an allegation
regarding the care or safety of an individual living in a boarding
home, a coordinated, interagency approach shall be used to respond to
the allegation.
2. a. The interagency approach may involve a
multidisciplinary team consisting of employees of the department of
inspections and appeals, the department of human services, the state
fire marshal, and the division of criminal investigation of the
department of public safety, or other local, state, and federal
agencies.
b. The multidisciplinary team may consult with local, state,
and federal law enforcement agencies, first responders, health and
human services professionals, and governmental and nongovernmental
advocacy organizations, and other appropriate persons.
3. The name of a person who files an allegation shall be kept
confidential and shall not be subject to discovery, subpoena, or
other means of legal compulsion for its release to a person other
than department employees or the members of a multidisciplinary team
involved in the investigation of the allegation.
4. If the department or a multidisciplinary team has probable
cause to believe that a boarding home is in violation of this chapter
or licensing or other regulatory requirements of the department of
human services, department of inspections and appeals, or department
of public health, or that dependent adult abuse of any individual
living in a boarding home has occurred, and upon producing proper
identification, is denied entry to the boarding home or access to any
individual living in the boarding home for the purpose of making an
inspection or conducting an investigation, the department or
multidisciplinary team may, with the assistance of the county
attorney of the county in which the boarding home is located, apply
to the district court for an order requiring the owner or lessee to
permit entry to the boarding home and access to the individuals
living in the boarding home. Section History: Recent Form
2009 Acts, ch 136, §5