Mills County approves first reading of ordinance to address elopement events at adult dependent facilities

The Mills County Board of Supervisors on May 12 approved the first reading of Ordinance 26-01, a measure creating Chapter 20 of the county code titled “Adult Dependent Facilities.” The ordinance establishes procedures for designating properties as chronic elopement sites and for recovering law-enforcement costs tied to preventable elopement events.

Under the ordinance, a property may be designated a “Chronic Elopement Property” if three or more elopement or preventable operational deficiency events that required law-enforcement response occur within a 12-month period and the Sheriff’s Department determines the events are linked to preventable operational deficiencies. The Sheriff must provide written notice to the property owner and the licensed operator and require a corrective action plan within 14 days describing staffing, monitoring, alarm, door-control or policy changes the facility will make.

If additional elopement events occur after notice, the county may impose civil penalties under Mills County Ordinance 5.1.1 and seek recovery of documented law-enforcement response costs. Recoverable costs listed in the ordinance include personnel time (hourly wage and benefit rate), overtime, vehicle mileage, specialized search resources and equipment damage; the county may invoice owners and seek collection through civil action or a lien.

The ordinance includes exceptions for isolated or unforeseeable medical emergencies, incidents caused by third-party criminal acts unrelated to staffing or supervision, and facilities that demonstrate compliance with state staffing and supervision standards. The Sheriff is required to document findings that support any preventable operational deficiency before penalties are imposed. The ordinance also states that it does not replace or limit authority of the Iowa Department of Inspections, Appeals, and Licensing (DIAL); the county may forward repeated-event documentation to state licensing authorities.

Ordinance 26-01 also establishes an appeals procedure: an owner or operator may request an administrative hearing before the Board of Supervisors (or a designated hearing officer) within 10 days of notice to contest whether the threshold was met, whether events were preventable and whether costs were reasonably calculated. The board approved the first reading by roll call vote Ayes-3, Nays-0 after opening and closing a public hearing at which no written or oral comments were received.

The first reading does not adopt the ordinance as final law; the transcript and minutes do not specify a date for additional readings or final adoption.