222.70  Legal settlement disputes.

1.  If a dispute arises between counties or between the administrator and a county as to the legal settlement of a person admitted or committed to a resource center, a special unit, or a community-based service, the attorney general at the request of the administrator shall without advancement of fees cause an action to be brought in the district court of any county where the dispute exists. The action shall be brought to determine the person's legal settlement, except that action shall not be filed in a county in which the district court or a judge of that district court originally made the disputed finding. The action may be brought at any time when it appears that the dispute cannot be amicably settled. All counties which may be the county of the person's legal settlement, so far as known, shall be made defendants and the allegation of settlement may be in the alternative. The action shall be tried as in equity.

2.  In lieu of an action filed under subsection 1, the parties to a dispute concerning a person's legal settlement or a payment for a community-based service may settle the dispute through an alternative dispute resolution process agreed to by the parties. The alternative dispute resolution process may include but is not limited to mediation, binding arbitration, or other mutually agreeable form of resolution. A resolution of the dispute agreed to by the parties shall be stipulated to and filed in the office of the clerk of the district court.

Section History: Early form

  [C66, 71, 73, 75, 77, 79, 81, § 222.70]

Section History: Recent form

  94 Acts, ch 1170, §1; 2000 Acts, ch 1112, §51

Internal References

  Referred to in § 222.71, 222.72, 331.381


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