S.F. 360 Section 1. NEW SECTION . 235G.1 Definitions. 1 As used in this chapter, unless the context otherwise 2 requires: 3 1. “Court” means the district court. 4 2. “Dependent adult” means the same as defined in section 5 235B.2. 6 3. “Elder” means a person sixty years of age or older. 7 4. “Health care facility” means the same as defined in 8 section 135C.1. 9 5. “Isolation” means an intentional act committed for the 10 purpose of social deprivation of a dependent adult or elder or 11 to prevent a dependent adult or elder from having contact with 12 visitors, family, friends, or concerned persons. 13 6. “Petitioner” means a person who is an adult relative 14 within the first degree of consanguinity of the proposed 15 visitee. 16 7. “Proposed visitee” means an elder or dependent adult 17 who is under the care or control of the respondent, is not a 18 resident of a health care facility, and is not a ward for whom a 19 guardianship or conservatorship has been established. 20 8. “Respondent” means the person who is alleged to be 21 isolating the proposed visitee. 22 9. “Visitation” means any in-person meeting between a 23 proposed visitee and the petitioner. 24 10. “Visitation order” means an order enjoining a party from 25 keeping the proposed visitee in isolation from contact with the 26 petitioner that is issued by a court after notice and hearing. 27 Sec. 2. NEW SECTION . 235G.2 Visitation procedure. 28 1. A petitioner may petition the court for visitation of a 29 proposed visitee. 30 2. Venue for any action to establish, enforce, or modify 31 visitation under this section shall be in the county where the 32 proposed visitee resides or is temporarily living. 33 3. Notice of any hearing to establish, enforce, or modify 34 visitation under this chapter and a copy of the petition shall 35 -1- LSB 2364XS (3) 86 pf/nh 1/ 4

S.F. 360 be personally served upon the respondent and the proposed 1 visitee at least twenty days prior to the hearing. The notice 2 shall inform the proposed visitee and the respondent whether 3 the proposed visitee is required to appear at the hearing and 4 how to request the appointment of an attorney if the proposed 5 visitee is unable to retain an attorney. 6 4. If the proposed visitee requests the appointment of 7 an attorney, the court may appoint an attorney to represent 8 the interests of the proposed visitee at the hearing on the 9 petition if the court determines the appointment would be 10 helpful to the resolution of the matter or is necessary to 11 protect the interests of the proposed visitee. 12 5. The court shall schedule an evidentiary hearing on the 13 petition within sixty days from the date the petition is filed. 14 6. The respondent may file a response to the petition 15 that explains or denies the alleged isolation of the proposed 16 visitee at any time at least ten days prior to the hearing 17 date. 18 7. The court shall enter an order only after notice and 19 hearing and shall not issue an ex parte order under this 20 section. 21 8. The court may grant visitation under this chapter if the 22 petitioner demonstrates all of the following by a preponderance 23 of the evidence: 24 a. The respondent’s prior acts of isolation of the proposed 25 visitee prevented contact with the petitioner. 26 b. The proposed visitee desires contact with the petitioner. 27 c. There are no prior protective orders issued against the 28 petitioner to protect the proposed visitee. 29 9. The court shall not order visitation under this section 30 unless the proposed visitee agrees to such visitation. 31 10. An order entered under this section may specify the 32 frequency, time, place, location, and any other terms or 33 conditions of visitation, including whether visitation by the 34 petitioner should be limited to supervised situations in which 35 -2- LSB 2364XS (3) 86 pf/nh 2/ 4

S.F. 360 a third party specified by the court is present. 1 11. An order entered under this section shall be limited 2 in duration to five years or less, and subject to termination, 3 modification, or renewal by further order of the court. A 4 request for renewal may be brought at any time within three 5 months prior to the expiration of the order. 6 12. The court may award the prevailing party court costs 7 and attorney fees in an action brought under this section. The 8 proposed visitee shall not be required to pay court costs or 9 attorney fees under this section. 10 EXPLANATION 11 The inclusion of this explanation does not constitute agreement with 12 the explanation’s substance by the members of the general assembly. 13 This bill provides a procedure for a person who is an adult 14 relative within the first degree of consanguinity of a proposed 15 visitee to petition for visitation of the proposed visitee. 16 Under the bill, a proposed visitee is an elder or dependent 17 adult who is under the care or control of a respondent, is not 18 a resident of a health care facility, and is not a ward for 19 whom a guardianship or conservatorship has been established. 20 A respondent is a person who is alleged to be isolating the 21 proposed visitee. 22 The bill provides for venue, provision of notice, the 23 appointment of an attorney for the proposed visitee, and the 24 scheduling of an evidentiary hearing within 60 days of the 25 filing of the petition for visitation. A respondent may file a 26 response to the petition that explains or denies the alleged 27 isolation of the proposed visitee at any time at least 10 days 28 prior to the hearing date. The court may only enter an order 29 for visitation after notice and hearing and cannot enter an ex 30 parte order. The court may grant visitation if the petitioner 31 demonstrates by a preponderance of the evidence that the 32 respondent’s prior acts of isolation of the proposed visitee 33 prevented contact with the petitioner, that the proposed 34 visitee desires contact with the petitioner, and that there 35 -3- LSB 2364XS (3) 86 pf/nh 3/ 4

S.F. 360 are no prior protective orders issued against the petitioner 1 to protect the proposed visitee. Additionally, the court may 2 only order visitation if the proposed visitee agrees to such 3 visitation. The order may specify the frequency, time, place, 4 location, and any other terms or conditions of visitation, 5 including whether visitation by the petitioner should be 6 limited to supervised situations in which a third party 7 specified by the court is present. An order is limited in 8 duration to five years or less, and is subject to termination, 9 modification, or renewal by further order of the court. A 10 request for renewal may be brought at any time within three 11 months prior to the expiration of the order. The court may 12 award the prevailing party court costs and attorney fees, but 13 cannot require the proposed visitee to pay court costs or 14 attorney fees. 15 -4- LSB 2364XS (3) 86 pf/nh 4/ 4