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Case No. 17-1650

Romoke Olutunde
v.
Iowa Department of Human Services, Charles M. Palmer, Director

Plaintiff appealed a district court decision affirming on judicial review a decision of the Iowa Department of Human Services that plaintiff had committed dependent adult abuse. The court of appeals affirmed, finding the DHS had properly interpreted the term “caretaker” in Iowa Code section 235B.2(1) and properly concluded plaintiff was a caretaker of the patient during the relevant time frame. The court of appeals found substantial evidence supported the finding that plaintiff had committed dependent adult abuse by not properly training and supervising employees, resulting in the patient not receiving all of her medication as prescribed. Plaintiff seeks further review.

County:
Linn
Trial Court Case No.:
CVCV085106

Applicants

Romoke Olutunde

Resister

Iowa Department of Human Services, Charles M. Palmer, Director

Attorneys for Applicants

James R. Hinchliff
Andrew B. Howie

Attorneys for Resister

Charles K. Phillips

Supreme Court

Oral Argument Schedule

15-15-5

Jan 22, 2020 9:00 AM

Briefs

Supreme Court Opinion

Opinion Number:
17-1650
Date Published:
May 29, 2020

Court of Appeals

Court of Appeals Opinion

Opinion Number:
17-1650
Date Published:
Dec 05, 2018
Summary

            Appeal from the Iowa District Court for Linn County, Patrick R. Grady, Judge.  AFFIRMED.  Heard by Tabor, P.J., and Mullins and Bower, JJ.  Opinion by Bower, J.  (14 pages)

            Romoke Olutunde appeals the district court decision affirming the ruling of the Iowa Department of Human Services (DHS) finding she committed dependent adult abuse.  OPINION HOLDS:  We find DHS properly interpreted the term “caretaker” and concluded Olutunde was a caretaker of the patient in question during the relevant period of time.  We also find there is substantial evidence in the record to show staff trained by Olutunde were not consistent in providing medication to the patient in a timely manner, or at the very least, were not consistent in providing documentation to show whether or not the patient was receiving her medication as prescribed.  We affirm the district court’s decision, affirming the decision of DHS finding Olutunde committed dependent adult abuse.

Other Information

Date Further Review is Granted:
Feb 27, 2019

View archived opinions from prior to November 2017

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