Investigation by department
[S13, §2727-a28a; C24, 27, 31, 35, 39, §3586; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §230.6] 96 Acts, ch 1129, §113; 97 Acts, ch 23, §18; 2004 Acts, ch 1090, §48; 2012 Acts, ch 1120, §111, 130; 2022 Acts, ch 1032, §44; 2023 Acts, ch 19, §553
The department shall immediately investigate the residency of a patient and proceed as follows:
- 1. If the department concurs with a certified determination of residency concerning the patient, the department shall cause the patient either to be transferred to a state mental health institute at the expense of the state, or to be transferred, with approval of the court as required by chapter 229, to the place of foreign residence.
- 2. If the department disputes a certified legal residency determination, the department shall order the patient to be maintained at a state mental health institute at the expense of the state until the dispute is resolved.
- 3. If the department disputes a residency determination, the department shall utilize the procedure provided in section 225C.61 to resolve the dispute. A determination of the person’s residency status made pursuant to section 225C.61 is conclusive.
Section amended
[S13, §2727-a28a; C24, 27, 31, 35, 39, §3586; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §230.6] 96 Acts, ch 1129, §113; 97 Acts, ch 23, §18; 2004 Acts, ch 1090, §48; 2012 Acts, ch 1120, §111, 130; 2022 Acts, ch 1032, §44; 2023 Acts, ch 19, §553