660.270. Procedure when abuse, neglect, or physical harm may be involved--remedies.
Procedure when abuse, neglect, or physical harm may beinvolved--remedies.
660.270. When the department receives a report that there has beenabuse or neglect, or that there otherwise is a likelihood of seriousphysical harm to an eligible adult and that he or she is in need ofprotective services and the department is unable to conduct aninvestigation because access to the eligible adult is barred by any person,the director may petition the appropriate court for a warrant or otherorder to enter upon the described premises and investigate the report or toproduce the information. The application for the warrant or order shallidentify the eligible adult and the facts and circumstances which requirethe issuance of the warrant or order. The director may also seek an orderto enjoin the person from barring access to an eligible adult or frominterfering with the investigation. If the court finds that, based on thereport and relevant circumstances and facts, probable cause exists showingthat the eligible adult faces abuse or neglect, or otherwise faces alikelihood of serious physical harm and is in need of protective servicesand the director has been prevented by another person from investigatingthe report, the court may issue the warrant or enjoin the interference withthe investigation or both.
(L. 1980 S.B. 576 § 5, A.L. 2003 S.B. 556 & 311)