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Title XII PUBLIC HEALTH AND WELFARE

Chapter 192

Effective - 28 Aug 2014 bottom

  192.2445.  Procedure when abuse, neglect, or physical harm may be involved — remedies. — When the department receives a report that there has been abuse or neglect, or that there otherwise is a likelihood of serious physical harm to an eligible adult and that he or she is in need of protective services and the department is unable to conduct an investigation because access to the eligible adult is barred by any person, the director may petition the appropriate court for a warrant or other order to enter upon the described premises and investigate the report or to produce the information.  The application for the warrant or order shall identify the eligible adult and the facts and circumstances which require the issuance of the warrant or order.  The director may also seek an order to enjoin the person from barring access to an eligible adult or from interfering with the investigation.  If the court finds that, based on the report and relevant circumstances and facts, probable cause exists showing that the eligible adult faces abuse or neglect, or otherwise faces a likelihood of serious physical harm and is in need of protective services and the director has been prevented by another person from investigating the report, the court may issue the warrant or enjoin the interference with the investigation or both.

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(L. 1980 S.B. 576 § 5, A.L. 2003 S.B. 556 & 311, A.L. 2014 H.B. 1299 Revision § 192.1092 merged with S.B. 491 § 197.1018)

Effective 8-28-14 (H.B. 1299 Revision); 1-01-17 (S.B. 491)

Transferred 2014; formerly 660.270


---- end of effective   28 Aug 2014 ----

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