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PAG LIN 1 1 Section 1. Section 235B.1, Code 1995, is amended to read 1 2 as follows: 1 3 235B.1 DEPENDENT ADULT ABUSE SERVICES. 1 4 The department shall establish and operate a dependent 1 5 adult abuse services program. The program shall emphasize the 1 6 reporting and evaluation of cases of abuse of a dependent 1 7 adult who is unable to protect the adult's own interests or 1 8 unable to performor obtainactivities necessary to meet 1 9 essentialserviceshuman needs. The program shall include but 1 10 is not limited to: 1 11 1. The establishment of local or regional 1 12 multidisciplinary teams toprovide leadership at the local and1 13district levels in the delivery ofassist in assessing the 1 14 needs of, formulating and monitoring a treatment plan for, and 1 15 coordinating services to victims of dependent adult abuse. 1 16 The membership of a team shall include individuals who possess 1 17 knowledge and skills related to the diagnosis, assessment, and 1 18 disposition of dependent adult abuse cases and who are 1 19 professionals practicing in the disciplines of medicine, 1 20 public health, mental health, social work, law, law 1 21 enforcement, or other disciplines relative to dependent 1 22 adults. Members of a team shall include, but are not limited 1 23 to, persons representing the area agencies on aging, county 1 24 attorneys, health care providers, and other persons involved 1 25 in advocating or providing services to dependent adults. 1 26 2. Provisions for information sharing and case 1 27 consultation among service providers, care providers, and 1 28 victims of dependent adult abuse. 1 29 3. Procedures for referral of cases among service 1 30 providers, including the referral of victims of dependent 1 31 adult abuse residing in licensed health care facilities. 1 32 4. a. The establishment of a dependent adult protective 1 33 advisory council. The advisory council shall do all of the 1 34 following: 1 35 (1) Advise the director of human services and the 2 1 administrator of the division of child and family services of 2 2 the department of human services regarding dependent adult 2 3 abuse. 2 4 (2) Evaluate state law and rules and make recommendations 2 5 to the general assembly and to executive branch departments 2 6 regarding laws and rules concerning dependent adults. 2 7 (3) Receive and review recommendations and complaints from 2 8 the public concerning the dependent adult abuse services 2 9 program. 2 10 b. (1) The advisory council shall consist of ten members. 2 11 Six members shall be appointed by and serve at the pleasure of 2 12 the governor. Four of the members appointed shall be 2 13 appointed on the basis of knowledge and skill related to 2 14 expertise in the area of dependent adult abuse including 2 15 professionals practicing in the disciplines of medicine, 2 16 public health, mental health, long-term care, social work, 2 17 law, and law enforcement. Two of the members appointed shall 2 18 be members of the general public with an interest in the area 2 19 of dependent adult abuse. In addition, the membership of the 2 20 council shall include the director or the director's designee 2 21 of the department of human services, the department of elder 2 22 affairs, the Iowa department of public health, and the 2 23 department of inspections and appeals. 2 24 (2) The members of the advisory council shall be appointed 2 25 to terms of four years beginning May 1. Appointments shall 2 26 comply with sections 69.16 and 69.16A. Vacancies shall be 2 27 filled in the same manner as the original appointment. 2 28 (3) Members shall receive actual expenses incurred while 2 29 serving in their official capacity. 2 30 (4) The advisory council shall select a chairperson, 2 31 annually, from its membership. 2 32 Sec. 2. Section 235B.2, Code Supplement 1995, is amended 2 33 to read as follows: 2 34 235B.2 DEFINITIONS. 2 35 As used in this chapter, unless the context otherwise 3 1 requires: 3 2 1. "Caretaker" means a related or nonrelated person who 3 3 has the responsibility for the protection, care, or custody of 3 4 a dependent adult as a result of assuming the responsibility 3 5 voluntarily, by contract, through employment, or by order of 3 6 the court. 3 7 2. "Court" means the district court. 3 8 3. "Department" means the department of human services. 3 9 4. "Dependent adult" means a person eighteen years of age 3 10 or older who is unable to protect the person's own interests 3 11 or unable to adequately perform or obtain services necessary 3 12 to meet essential human needs, as a result of a physical or 3 13 mental condition which requires assistance from another, or as 3 14 defined by departmental rule. 3 15 5. a. "Dependent adult abuse" means: 3 16a.(1) Any of the following as a result of the willful or 3 17 negligent acts or omissions of a caretaker: 3 18(1)(a) Physical injury to, or injury which is at a 3 19 variance with the history given of the injury, or unreasonable 3 20 confinement, unreasonable punishment, or assault of a 3 21 dependent adult. 3 22(2)(b) The commission of a sexual offense under chapter 3 23 709 or section 726.2 with or against a dependent adult. 3 24(3)(c) Exploitation of a dependent adult which means the 3 25 act or process of taking unfair advantage of a dependent adult 3 26 or the adult's physical or financial resources for one's own 3 27 personal or pecuniary profit, without the informed consent of 3 28 the dependent adult, including theft, by the use of undue 3 29 influence, harassment, duress, deception, false 3 30 representation, or false pretenses. 3 31(4)(d) The deprivation of the minimum food, shelter, 3 32 clothing, supervision, physical or mental health care, or 3 33 other care necessary to maintain a dependent adult's life or 3 34 health. 3 35b.(2) The deprivation of the minimum food, shelter, 4 1 clothing, supervision, physical or mental health care, and 4 2 other care necessary to maintain a dependent adult's life or 4 3 health as a result of the acts or omissions of the dependent 4 4 adult. 4 5Dependent adult abuse does not include depriving a4 6dependent adult of medical treatment if the dependent adult4 7holds a belief or is an adherent of a religion whose tenets4 8and practices call for reliance on spiritual means in place of4 9reliance on medical treatment. However, this provision does4 10not preclude a court from ordering that medical service be4 11provided to the dependent adult if the dependent adult's4 12health requires it.4 13Dependent adult abuse does not include the withholding or4 14withdrawing of health care from a dependent adult who is4 15terminally ill in the opinion of a licensed physician, when4 16the withholding or withdrawing of health care is done at the4 17request of the dependent adult or at the request of the4 18dependent adult's next of kin or guardian pursuant to the4 19applicable procedures under chapter 125, 222, 229, or 633.4 20c.(3) Sexual exploitation of a dependent adult who is a 4 21 resident of a health care facility, as defined in section 4 22 135C.1, by a caretaker providing services to or employed by 4 23 the health care facility, whether within the health care 4 24 facility or at a location outside of the health care facility. 4 25 "Sexual exploitation" means any consensual or nonconsensual 4 26 sexual conduct with a dependent adult for the purpose of 4 27 arousing or satisfying the sexual desires of the caretaker or 4 28 dependent adult, which includes but is not limited to kissing; 4 29 touching of the clothed or unclothed inner thigh, breast, 4 30 groin, buttock, anus, pubes, or genitals; or a sex act, as 4 31 defined in section 702.17. Sexual exploitation does not 4 32 include touching which is part of a necessary examination, 4 33 treatment, or care by a caretaker acting within the scope of 4 34 the practice or employment of the caretaker; the exchange of a 4 35 brief touch or hug between the dependent adult and a caretaker 5 1 for the purpose of reassurance, comfort, or casual friendship; 5 2 or touching between spouses. 5 3 b. "Dependent adult abuse" does not include any of the 5 4 following: 5 5 (1) Circumstances in which the dependent adult declines 5 6 medical treatment if the dependent adult holds a belief or is 5 7 an adherent of a religion whose tenets and practices call for 5 8 reliance on spiritual means in place of reliance on medical 5 9 treatment. 5 10 (2) Circumstances in which the dependent adult's 5 11 caretaker, acting in accordance with the dependent adult's 5 12 stated or implied consent, declines medical treatment if the 5 13 dependent adult holds a belief or is an adherent of a religion 5 14 whose tenets and practices call for reliance on spiritual 5 15 means in place of reliance on medical treatment. 5 16 (3) The withholding or withdrawing of health care from a 5 17 dependent adult who is terminally ill in the opinion of a 5 18 licensed physician, when the withholding or withdrawing of 5 19 health care is done at the request of the dependent adult or 5 20 at the request of the dependent adult's next of kin or 5 21 guardian pursuant to the applicable procedures under chapter 5 22 125, 222, 229, or 633. 5 23 5A. "Emergency shelter services" means and includes, but 5 24 is not limited to, secure crisis shelters or housing for 5 25 victims of dependent adult abuse. 5 26 5B. "Family or household member" means a spouse, a person 5 27 cohabiting with the dependent adult, a parent, or a person 5 28 related to the dependent adult by consanguinity or affinity, 5 29 but does not include children of the dependent adult who are 5 30 less than eighteen years of age. 5 31 5C. "Immediate danger to health or safety" means a 5 32 situation in which death or severe bodily injury could 5 33 reasonably be expected to occur without intervention. 5 34 6. "Individual employed as an outreach person" means a 5 35 natural person who, in the course of employment, makes regular 6 1 contacts with dependent adults regarding available community 6 2 resources. 6 3 6A. "Legal holiday" means a legal public holiday as 6 4 defined in section 1C.1. 6 5 7. "Person" means person as defined in section 4.1. 6 6 8. "Recklessly" means that a person acts or fails to act 6 7 with respect to a material element of a public offense, when 6 8 the person is aware of and consciously disregards a 6 9 substantial and unjustifiable risk that the material element 6 10 exists or will result from the act or omission. The risk must 6 11 be of such a nature and degree that disregard of the risk 6 12 constitutes a gross deviation from the standard conduct that a 6 13 reasonable person would observe in the situation. 6 14 9. "Serious injury" means a disabling mental illness, or a 6 15 bodily injury which creates a substantial risk of death or 6 16 which causes serious permanent disfigurement, or protracted 6 17 loss or impairment of the function of any bodily member or 6 18 organ. 6 19 10. "Support services" includes but is not limited to 6 20 community-based services including area agency on aging 6 21 assistance, mental health services, fiscal management, home 6 22 health services, housing-related services, counseling 6 23 services, transportation services, adult day care services, 6 24 respite services, legal services, and advocacy services. 6 25 Sec. 3. Section 235B.3, subsection 5, Code Supplement 6 26 1995, is amended to read as follows: 6 27 5. Following the reporting of suspected dependent adult 6 28 abuse, the department of human services shall complete an 6 29 assessment of necessary services and shall make appropriate 6 30 referrals for receipt of these services. The assessment shall 6 31 include interviews with the dependent adult, and, if 6 32 appropriate, with the alleged perpetrator of the dependent 6 33 adult abuse and with any person believed to have knowledge of 6 34 the circumstances of the case. The department may provide 6 35 necessary protective services and may establish a sliding fee 7 1 schedule for those persons able to pay a portion of the 7 2 protective services. 7 3 Sec. 4. Section 235B.3, subsection 7, unnumbered paragraph 7 4 1, Code Supplement 1995, is amended to read as follows: 7 5 The department shall inform the appropriate county 7 6 attorneys of any reports of dependent adult abuse. The 7 7 department may request information from any person believed to 7 8 have knowledge of a case of dependent adult abuse. The 7 9 person, including but not limited to a county attorney, a law 7 10 enforcement agency, a multidisciplinary team, or a social 7 11 services agency in the state shall cooperate and assist in the 7 12 evaluation upon the request of the department. If the 7 13 department's assessment reveals that dependent adult abuse 7 14 exists which might constitute a criminal offense, a report 7 15 shall be made to the appropriate law enforcement agency. 7 16 County attorneys and appropriate law enforcement agencies 7 17 shall also take any other lawful action necessary or advisable 7 18 for the protection of the dependent adult. 7 19 Sec. 5. Section 235B.3, subsection 7, paragraph a, Code 7 20 Supplement 1995, is amended to read as follows: 7 21 a. If, upon completion of the evaluation or upon referral 7 22 from the department of inspections and appeals, the department 7 23 determines that the best interests of the dependent adult 7 24 require court action, the department shall initiate action for 7 25 the appointment of a guardian or conservator or for admission 7 26 or commitment to an appropriate institution or facility 7 27 pursuant to the applicable procedures under chapter 125, 222, 7 28 229, or 633, or shall pursue other remedies provided by law. 7 29 The appropriate county attorney shall assist the department in 7 30 the preparation of the necessary papers to initiate the action 7 31 and shall appear and represent the department at all district 7 32 court proceedings. 7 33 Sec. 6. NEW SECTION. 235B.3A PREVENTION OF ADDITIONAL 7 34 ABUSE – NOTIFICATION OF RIGHTS – ARREST – LIABILITY. 7 35 1. If a peace officer has reason to believe that dependent 8 1 adult abuse, which is criminal in nature, has occurred, the 8 2 officer shall use all reasonable means to prevent further 8 3 abuse, including but not limited to any of the following: 8 4 a. If requested, remaining on the scene as long as there 8 5 is a danger to the dependent adult's physical safety without 8 6 the presence of a peace officer, including but not limited to 8 7 staying in the dwelling unit, or if unable to remain at the 8 8 scene, assisting the dependent adult in leaving the residence 8 9 and securing support services or emergency shelter services. 8 10 b. Assisting the dependent adult in obtaining medical 8 11 treatment necessitated by the dependent adult abuse, including 8 12 providing assistance to the dependent adult in obtaining 8 13 transportation to the emergency room of the nearest hospital. 8 14 c. Providing a dependent adult with immediate and adequate 8 15 notice of the dependent adult's rights. The notice shall 8 16 consist of handing the dependent adult a copy of the following 8 17 written statement, requesting the dependent adult to read the 8 18 card and asking the dependent adult whether the dependent 8 19 adult understands the rights: 8 20 "(1) You have the right to ask the court for the following 8 21 help on a temporary basis: 8 22 (a) Keeping the alleged perpetrator away from you, your 8 23 home, and your place of work. 8 24 (b) The right to stay at your home without interference 8 25 from the alleged perpetrator. 8 26 (c) Professional counseling for you, your family, or 8 27 household members, and the alleged perpetrator of the 8 28 dependent adult abuse. 8 29 (2) If you are in need of medical treatment, you have the 8 30 right to request that the peace officer present assist you in 8 31 obtaining transportation to the nearest hospital or otherwise 8 32 assist you. 8 33 (3) If you believe that police protection is needed for 8 34 your physical safety, you have the right to request that the 8 35 peace officer present remain at the scene until you and other 9 1 affected parties can leave or safety is otherwise ensured." 9 2 The notice shall also contain the telephone number of the 9 3 local emergency shelter services, support services, or crisis 9 4 lines operating in the area. 9 5 Sec. 7. NEW SECTION. 235B.17 PROVISION OF PROTECTIVE 9 6 SERVICES WITH THE CONSENT OF DEPENDENT ADULT – CARETAKER 9 7 REFUSAL. 9 8 If a caretaker of a dependent adult, who consents to the 9 9 receipt of protective services, refuses to allow provision of 9 10 the services, the department may petition the court for an 9 11 order enjoining the caretaker from interfering with the 9 12 provision of services. The petition shall allege specific 9 13 facts sufficient to demonstrate that the dependent adult is in 9 14 need of protective services and consents to the provision of 9 15 services and that the caretaker refuses to allow provision of 9 16 the services. If the judge finds by clear and convincing 9 17 evidence that the dependent adult is in need of protective 9 18 services and consents to the services and that the caretaker 9 19 refuses to allow the services, the judge may issue an order 9 20 enjoining the caretaker from interfering with the provision of 9 21 the protective services. 9 22 Sec. 8. NEW SECTION. 235B.18 PROVISION OF SERVICES TO 9 23 DEPENDENT ADULT WHO LACKS CAPACITY TO CONSENT – HEARING – 9 24 FINDINGS. 9 25 1. If the department reasonably determines that a 9 26 dependent adult is a victim of dependent adult abuse and lacks 9 27 capacity to consent to the receipt of protective services, the 9 28 department may petition the court for an order authorizing the 9 29 provision of protective services. The petition shall allege 9 30 specific facts sufficient to demonstrate that the dependent 9 31 adult is in need of protective services and lacks capacity to 9 32 consent to the receipt of services. 9 33 2. The court shall set the case for hearing within 9 34 fourteen days of the filing of the petition. The dependent 9 35 adult shall receive at least five days' notice of the hearing. 10 1 The dependent adult has the right to be present and 10 2 represented by counsel at the hearing. If the dependent 10 3 adult, in the determination of the judge, lacks the capacity 10 4 to waive the right of counsel, the court may appoint a 10 5 guardian ad litem for the dependent adult. 10 6 3. If, at the hearing, the judge finds by clear and 10 7 convincing evidence that the dependent adult is in need of 10 8 protective services and lacks the capacity to consent to the 10 9 receipt of protective services, the judge may issue an order 10 10 authorizing the provision of protective services. The order 10 11 may include the designation of a person to be responsible for 10 12 performing or obtaining protective services on behalf of the 10 13 dependent adult or otherwise consenting to the receipt of 10 14 protective services on behalf of the dependent adult. Within 10 15 sixty days of the appointment of such a person the court shall 10 16 conduct a review to determine if a petition shall be initiated 10 17 in accordance with section 633.552 for good cause shown. The 10 18 court may extend the sixty-day period for an additional sixty 10 19 days, at the end of which the court shall conduct a review to 10 20 determine if a petition shall be initiated in accordance with 10 21 section 633.552. A dependent adult shall not be committed to 10 22 a mental health facility under this section. 10 23 4. A determination by the court that a dependent adult 10 24 lacks the capacity to consent to the receipt of protective 10 25 services under this chapter shall not affect incompetency 10 26 proceedings under sections 633.552 through 633.556 or any 10 27 other proceedings, and incompetencey proceedings under 10 28 sections 633.552 through 633.556 shall not have a conclusive 10 29 effect on the question of capacity to consent to the receipt 10 30 of protective services under this chapter. 10 31 5. This section shall not be construed and is not intended 10 32 as and shall not imply a grant of entitlement for services to 10 33 persons who are not otherwise eligible for the services or for 10 34 utilization of services which do not currently exist or are 10 35 not otherwise available. 11 1 Sec. 9. NEW SECTION. 235B.19 EMERGENCY ORDER FOR 11 2 PROTECTIVE SERVICES. 11 3 1. If the department determines that a dependent adult is 11 4 suffering from dependent adult abuse which presents an 11 5 immediate danger to the health or safety of the dependent 11 6 adult, that the dependent adult lacks capacity to consent to 11 7 receive protective services, and that no consent can be 11 8 obtained, the department may petition the court with probate 11 9 jurisdiction in the county in which the dependent adult 11 10 resides for an emergency order authorizing protective 11 11 services. 11 12 2. The petition shall be verified and shall include all of 11 13 the following: 11 14 a. The name, date of birth, and address of the dependent 11 15 adult who needs protective services. 11 16 b. The nature of the dependent adult abuse. 11 17 c. The services required. 11 18 3. Upon finding that there is probable cause to believe 11 19 that the dependent adult abuse presents an immediate threat to 11 20 the health or safety of the dependent adult and that the 11 21 dependent adult lacks capacity to consent to the receipt of 11 22 services, the court may do any of the following: 11 23 a. Order removal of the dependent adult to safer 11 24 surroundings. 11 25 b. Order the provision of medical services. 11 26 c. Order the provision of other available services 11 27 necessary to remove conditions creating the danger to health 11 28 or safety, including the services of peace officers or 11 29 emergency services personnel. 11 30 4. The emergency order expires at the end of seventy-two 11 31 hours from the time of the order unless the seventy-two-hour 11 32 period ends on a Saturday, Sunday, or legal holiday in which 11 33 event the order is automatically extended to four p.m. on the 11 34 first succeeding business day. An order may be renewed for 11 35 not more than fourteen additional days. A renewal order that 12 1 ends on a Saturday, Sunday, or legal holiday is automatically 12 2 extended to four p.m. on the first succeeding business day. 12 3 The court may modify or terminate the emergency order on the 12 4 petition of the department, the dependent adult, or any person 12 5 interested in the dependent adult's welfare. 12 6 5. If the department cannot obtain an emergency order 12 7 under this section due to inaccessibility of the court, the 12 8 department may contact law enforcement to remove the dependent 12 9 adult to safer surroundings, authorize the provision of 12 10 medical treatment, and order the provision of or provide other 12 11 available services necessary to remove conditions creating the 12 12 immediate danger to the health or safety of the dependent 12 13 adult. The department shall obtain an emergency order under 12 14 this section not later than four p.m. on the first succeeding 12 15 business day after the date on which protective or other 12 16 services are provided. If the department does not obtain an 12 17 emergency order within the prescribed time period, the 12 18 department shall cease providing protective services and, if 12 19 necessary, make arrangements for the immediate return of the 12 20 person to the place from which the person was removed, to the 12 21 person's place of residence in the state, or to another 12 22 suitable place. A person, agency, or institution acting in 12 23 good faith in removing a dependent adult or in providing 12 24 services under this subsection, and an employer of or person 12 25 under the direction of such a person, agency, or institution, 12 26 shall have immunity from any liability, civil or criminal, 12 27 that might otherwise be incurred or imposed as the result of 12 28 the removal or provision of services. 12 29 6. The court may also enter orders as may be appropriate 12 30 to third persons enjoining them from specific conduct. The 12 31 orders may include temporary restraining orders which impose 12 32 criminal sanctions if violated. The court may enjoin third 12 33 persons from any of the following: 12 34 a. Removing the dependent adult from the care or custody 12 35 of another. 13 1 b. Committing dependent adult abuse on the dependent 13 2 adult. 13 3 c. Living at the dependent adult's residence. 13 4 d. Contacting the dependent adult in person or by 13 5 telephone. 13 6 e. Selling, removing, or otherwise disposing of the 13 7 dependent adult's personal property. 13 8 f. Withdrawing funds from any bank, savings and loan 13 9 association, credit union, or other financial institution, or 13 10 from a stock account in which the dependent adult has an 13 11 interest. 13 12 g. Negotiating any instruments payable to the dependent 13 13 adult. 13 14 h. Selling, mortgaging, or otherwise encumbering any 13 15 interest that the dependent adult has in real property. 13 16 i. Exercising any powers on behalf of the dependent adult 13 17 through representatives of the department, any court-appointed 13 18 guardian or guardian ad litem, or any official acting on the 13 19 dependent adult's behalf. 13 20 j. Engaging in any other specified act which, based upon 13 21 the facts alleged, would constitute harm or a threat of 13 22 imminent harm to the dependent adult or would cause damage to 13 23 or the loss of the dependent adult's property. 13 24 7. This section shall not be construed and is not intended 13 25 as and shall not imply a grant of entitlement for services to 13 26 persons who are not otherwise eligible for the services or for 13 27 utilization of services which do not currently exist or are 13 28 not otherwise available. 13 29 Sec. 10. NEW SECTION. 235B.20 DEPENDENT ADULT ABUSE – 13 30 INITIATION OF CHARGES – PENALTY. 13 31 1. Charges of dependent adult abuse may be initiated upon 13 32 complaint of private individuals or as a result of 13 33 investigations by social service agencies or on the direct 13 34 initiative of a county attorney or law enforcement agency. 13 35 2. A caretaker who intentionally commits dependent adult 14 1 abuse on a dependent adult in violation of this chapter is 14 2 guilty of a class "C" felony if the intentional dependent 14 3 adult abuse results in serious injury. 14 4 3. A caretaker who recklessly commits dependent adult 14 5 abuse on a dependent adult in violation of this chapter is 14 6 guilty of a class "D" felony if the reckless dependent adult 14 7 abuse results in serious injury. 14 8 4. A caretaker who intentionally commits dependent adult 14 9 abuse on a dependent adult in violation of this chapter is 14 10 guilty of a class "C" felony if the intentional dependent 14 11 adult abuse results in physical injury. 14 12 5. A caretaker who commits dependent adult abuse by 14 13 exploiting a dependent adult in violation of this chapter is 14 14 guilty of a class "D" felony if the value of the property, 14 15 assets, or resources exceeds one hundred dollars. 14 16 6. A caretaker who recklessly commits dependent adult 14 17 abuse on a person in violation of this chapter is guilty of an 14 18 aggravated misdemeanor if the reckless dependent adult abuse 14 19 results in physical injury. 14 20 7. A caretaker who commits dependent adult abuse by 14 21 exploiting a dependent adult in violation of this chapter is 14 22 guilty of a simple misdemeanor if the value of the property, 14 23 assets, or resources is one hundred dollars or less. 14 24 8. A caretaker alleged to have committed a violation of 14 25 this chapter shall be charged with the respective offense 14 26 cited, unless a charge may be brought based upon a more 14 27 serious offense, in which case the charge of the more serious 14 28 offense shall supersede the less serious charge. 14 29 SF 2381 14 30 pf/cc/26
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