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Ask Colleen Grady Your Own Question
Colleen Grady
Colleen Grady, Attorney and Counselor at Law
Category: Criminal Law
Satisfied Customers: 555
Experience:  Attorney and Counselor at Law
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My daughter was on probation, her PO held a revocation

Customer Question

My daughter was on probation, her PO held a revocation hearing and she lost. The RTF is 156 miles away & she has to sit in jail for 2-1/2 months. I called the RTF to see if she could get in one closer to home & family. Her PO charged into her cell this morning and told her she was going to that RTF. She is very nasty and not at all interested in helping. The whole situation is ridiculous & there must be somebody somewhere that can help.
JA: My brothers got into lots of trouble with the law when they were young. The Criminal Lawyer will know how to get you the best outcome. Have you consulted a lawyer yet?
Customer: Yes and he was a great disappointment, I feel like it's a good ol boys club here.
JA: What advice did they give you?
Customer: Well he wasn't very forceful at the hearing, it's like he couldn't stand up to the PO & her assistant county attorney who is also female. It was like they were having a girl fight against my daughter, it is ridiculous
JA: Please tell me your email address, in case we get disconnected.
JA: Thanks. Are you ready to speak with the Criminal Lawyer now?
Customer: I don't know, can they help?
JA: I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Criminal Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Colleen Grady replied 1 year ago.

My name is***** have been an attorney for 26 years. I will help you with your questions. I need to know what state you are in to help you with information about the law and resources where you live. Please let me know.

Customer: replied 1 year ago.
Algona, Iowa
Expert:  Colleen Grady replied 1 year ago.

Transfers from Residential treatment Facilities are decided based on limited reasons. Here is the law:

481—57.14 (135C) Involuntary discharge or transfer.

57.14(1) Involuntary discharge or transfer permitted. A facility may involuntarily discharge or transfer a resident for only one of the following reasons:

a. Medical reasons;

b. The resident’s welfare or that of other residents;

c. Repeated refusal by the resident to participate in the resident’s service plan;

d. Due to action pursuant to Iowa Code chapter 229 (mental illness hospitalization); or

e. Nonpayment for the resident’s stay, as described in the residency agreement for the resident’s stay.

57.14(2) Medical reasons. Medical reasons for transfer or discharge shall be based on the resident’s needs and shall be determined and documented in the resident’s record by the primary care provider. Transfer or discharge may be required in order to provide a different level of care to the resident. (II)

57.14(3) Welfare of a resident. Welfare of a resident or that of other residents refers to a resident’s social, emotional, or physical well-being. A resident may be transferred or discharged because the resident’s behavior poses a continuing threat to the resident (e.g., suicidal) or to the well-being of other residents or staff (e.g., the resident’s behavior is incompatible with other residents’ needs and rights). Written documentation that the resident’s continued presence in the facility would adversely affect the resident’s own welfare or that of other residents shall be made by the administrator or designee and shall include specific information to support this determination. (II)

57.14(4) Notice. Involuntary transfer or discharge of a resident from a facility shall be preceded by a written notice to the resident and the responsible party. (II, III)

a. The notice shall contain all of the following information:

(1) The stated reason for the proposed transfer or discharge. (II)

(2) The effective date of the proposed transfer or discharge. (II)

(3) A statement, in not less than 12-point type, that reads as follows:

You have a right to appeal the facility’s decision to transfer or discharge you. If you think you should not have to leave this facility, you may request a hearing, in writing or verbally, with the Iowa department of inspections and appeals (hereinafter referred to as “department”) within seven days after receiving this notice. You have a right to be represented at the hearing by an attorney or any other individual of your choice. If you request a hearing, it will be held no later than 14 days after receipt of your request by the department and you will not be transferred prior to a final decision. In emergency circumstances, extension of the 14-day requirement may be permitted upon request to the department’s designee. If you lose the hearing, you will not be transferred before the expiration of (1) 30 days following receipt of the original notice of the discharge or transfer, or (2) 5 days following final decision of such hearing, including exhaustion of all appeals, whichever occurs later. To request a hearing or receive further information, call the department at(###) ###-#### ***** write to the department to the attention of: Administrator, Division of Health Facilities, Department of Inspections and Appeals, Lucas State Office Building, Des Moines, Iowa###-##-####

Please let me know if you have further questions about this. I will be happy to help more.

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