481—52.7(235E) Interviews, examination of evidence, and investigation of dependent adult abuse allegations.
	52.7(1) Entering and examining evidence at a facility or program. An inspector of the department may enter any facility or program without a warrant and may examine all records and items pertaining to residents, employees, former employees, and the alleged dependent adult abuser and any other records and items necessary to ensure the integrity of the investigation unless the record or item is protected by some other legal privilege.
	52.7(2) Interviews.
	a. 	An inspector of the department may contact or interview any resident, employee, former employee, or any other person who might have knowledge about the alleged dependent adult abuse.
	b. 	An alleged dependent adult abuser may request to have an attorney present at the alleged dependent adult abuser’s expense at any time during the interview, but the request may not unreasonably delay the investigation. An employee organization representative or union representative may observe an investigative interview conducted by the department of an alleged dependent adult abuser if all of the conditions set forth in Iowa Code section 235E.2(13)“a” are met.
The purpose of the interview is a civil administrative dependent adult abuse investigation under applicable law.
	52.7(3) Photographs of victim, vicinity and related matters. An inspector may take or cause to be taken photographs of the dependent adult abuse victim and the vicinity involved in accordance with Iowa Code section 235E.2(12).
	52.7(4) Evaluating information. An inspector shall consider the information as reported, other known or discovered information, and any information gathered as a result of the inspector’s contact with collateral sources, including prior abuse allegations and disciplinary actions.
[ARC 8294B, IAB 11/18/09, effective 1/1/10; ARC 6801C, IAB 1/11/23, effective 2/15/23]