Section 481.66.5. Investigations.

       66.5(1) Initiation of investigations. Investigations may be initiated because of a complaint or other information received by the department or upon referral from other agencies. If the department determines there is probable cause to believe that a boarding home is an unregistered boarding home or that a registered boarding home is not in compliance with state, federal or local statutes or rules, an investigation shall be initiated.

       66.5(2) Evaluation of allegations and formation of initial multidisciplinary team. If an investigation is initiated, the department shall evaluate the allegations to determine which local, state, and federal agencies to include in the initial multidisciplinary team. The department shall notify the agencies of the investigation and the allegations associated with the investigation. The department shall be the lead agency for the investigation unless the multidisciplinary team determines otherwise.

       66.5(3) Addition of other agencies. The lead agency for the investigation may add other local, state, and federal agencies to the multidisciplinary team as is determined necessary. As a component of the coordinated interagency approach, all members of the multidisciplinary team shall share investigative findings.

       66.5(4) Final findings. Each agency shall prepare final findings regarding the agency’s investigation and submit these findings to the lead agency. The lead agency shall then prepare a consolidated final findings report, which shall be maintained by the department pursuant to the state’s document retention policy.

       66.5(5) Post-investigation actions. The agencies on the multidisciplinary team shall meet to determine the action to be taken as a result of the investigation. Each agency on the multidisciplinary team shall maintain the agency’s individual report pursuant to the state’s document retention policy. Investigative findings that are confidential under other state, federal, or local requirements shall not be included in the final report.

       66.5(6) Notification of law enforcement. If the multidisciplinary team believes a criminal violation has occurred or is occurring, the lead agency shall notify the appropriate law enforcement entities.

[ARC 8243B, IAB 10/21/09, effective 1/1/10]