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.
Applicant
Romoke Olutunde
Resister
Iowa Department of Human Services, Charles M. Palmer, Director
Attorneys for the Applicant
James R. Hinchliff
Andrew B. Howie
Attorney for the Resister
Charles K. Phillips
Supreme Court
Oral Argument Schedule
15-15-5
Jan 22, 2020 9:00 AM
Briefs
Supreme Court Opinion
Opinion Number:
Date Published:
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
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.