Text: SSB02117 Text: SSB02119 Text: SSB02100 - SSB02199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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 Members of a local or regional team shall meet at least on a 1 27 quarterly basis. 1 28 2. Provisions for information sharing and case 1 29 consultation among service providers, care providers, and 1 30 victims of dependent adult abuse. 1 31 3. Procedures for referral of cases among service 1 32 providers, including the referral of victims of dependent 1 33 adult abuse residing in licensed health care facilities. 1 34 4. a. The establishment of a dependent adult protective 1 35 advisory council. The advisory council shall do all of the 2 1 following: 2 2 (1) Advise the director of human services and the 2 3 administrator of the division of child and family services of 2 4 the department of human services regarding dependent adult 2 5 abuse. 2 6 (2) Evaluate state law and rules and make recommendations 2 7 to the general assembly and to executive branch departments 2 8 regarding laws and rules concerning dependent adults. 2 9 (3) Receive and review recommendations and complaints from 2 10 the public concerning the dependent adult abuse services 2 11 program. 2 12 b. (1) The advisory council shall consist of ten members 2 13 appointed by and serving at the pleasure of the governor. The 2 14 members shall be appointed on the basis of knowledge and skill 2 15 related to expertise in the area of dependent adult abuse and 2 16 shall be professionals practicing in the disciplines of 2 17 medicine, public health, mental health, long-term care, social 2 18 work, law, law enforcement, or other disciplines relative to 2 19 dependent adults. Two members of the council shall be members 2 20 of the general public with an interest in dependent adult 2 21 abuse. 2 22 (2) The members of the advisory council shall be appointed 2 23 to terms of four years beginning May 1. Appointments shall 2 24 comply with sections 69.16 and 69.16A. Vacancies shall be 2 25 filled in the same manner as the original appointment. 2 26 (3) Members shall receive actual expenses incurred while 2 27 serving in their official capacity and may also be eligible to 2 28 receive compensation as provided in section 7E.6. 2 29 (4) The advisory council shall select a chairperson, 2 30 annually, from its membership. 2 31 Sec. 2. NEW SECTION. 235B.1A DEPENDENT ADULT ABUSE 2 32 ASSESSMENT PILOT PROJECTS. 2 33 1. The department, in consultation with the department of 2 34 elder affairs and with the mental health and developmental 2 35 disabilities commission created in section 225C.5, members of 3 1 multidisciplinary teams, representatives of case management 3 2 programs and of area agencies on aging, and long-term care 3 3 providers, shall develop and implement an assessment-based 3 4 approach to respond to dependent adult abuse reports. The 3 5 assessment-based approach shall be utilized on a pilot project 3 6 basis in not more than five areas of the state which have 3 7 existing case management programs, selected by the department 3 8 in a manner so that both rural and urban areas are 3 9 represented. 3 10 2. Upon receipt of a dependent adult abuse report in a 3 11 pilot project area, the department shall perform an 3 12 assessment, using a standard assessment tool approved by the 3 13 department. The department shall commence the assessment 3 14 within seventy-two hours of the receipt of the report. The 3 15 primary purpose of the assessment shall be to protect the 3 16 dependent adult named in the report. The secondary purpose of 3 17 the assessment shall be to engage the dependent adult's family 3 18 in community-based services to enhance the dependent adult's 3 19 strengths and to address needs. 3 20 3. The assessment shall include all of the following: 3 21 a. An interview with the dependent adult, persons 3 22 allegedly responsible for the abuse, and other persons 3 23 believed to have knowledge of the circumstances of the case if 3 24 appropriate. 3 25 b. An outcome-based treatment plan which coordinates 3 26 services in accordance with the needs of the dependent adult. 3 27 4. Notwithstanding sections 235B.3 through 235B.13, all of 3 28 the following shall apply to dependent adult abuse information 3 29 included in an assessment performed in accordance with this 3 30 section: 3 31 a. If the department determines that the dependent adult 3 32 suffered serious injury or was placed at great risk of injury, 3 33 the name of the dependent adult and the alleged perpetrator of 3 34 the dependent adult abuse shall be placed in the central 3 35 registry as a case of founded dependent adult abuse. Any of 4 1 the following shall be considered an indicator that the 4 2 dependent adult suffered significant injury or was placed in 4 3 great risk of injury: 4 4 (1) The case was referred to the county attorney for 4 5 criminal court action as a result of the acts or omissions of 4 6 the alleged perpetrator of the dependent adult abuse. 4 7 (2) In the opinion of a health practitioner or mental 4 8 health professional, the injury to the dependent adult as a 4 9 result of the acts or omissions of the alleged perpetrator of 4 10 the dependent adult abuse, required or should have required 4 11 medical or mental health treatment. 4 12 (3) The department determines in a subsequent assessment 4 13 that the dependent adult suffered serious injury or was placed 4 14 in great risk of injury due to the acts or omissions of the 4 15 same alleged perpetrator of the dependent adult abuse. 4 16 b. In any other case, the dependent adult abuse 4 17 information shall not be placed in the central registry, but 4 18 shall be maintained in the local case file. Notwithstanding 4 19 chapter 22, the confidentiality of the information shall be 4 20 maintained. 4 21 c. If information is placed in the central registry as a 4 22 case of founded dependent adult abuse, all of the provisions 4 23 of sections 235B.3 through 235B.13 which apply to a case of 4 24 founded dependent adult abuse shall apply to a case of founded 4 25 dependent adult abuse under this section. 4 26 5. The department shall implement the pilot projects by 4 27 January 15, 1997. The department shall submit a report to the 4 28 governor and to the general assembly which provides an 4 29 evaluation of the pilot projects by January 15, 1998. It is 4 30 the intent of the general assembly to implement the 4 31 assessment-based approach on a statewide basis to respond to 4 32 dependent adult abuse reports commencing with the fiscal year 4 33 beginning July 1, 1998. 4 34 Sec. 3. Section 235B.2, Code Supplement 1995, is amended 4 35 to read as follows: 5 1 235B.2 DEFINITIONS. 5 2 As used in this chapter, unless the context otherwise 5 3 requires: 5 4 1. "Caretaker" means a related or nonrelated person who 5 5 has the responsibility for theprotection,care,orcustody, 5 6 or control of or who stands in a position of trust with or has 5 7 an interest in the financial matters of a dependent adult as a 5 8 result of assuming the responsibility voluntarily, by 5 9 contract, through employment, or by order of the court. 5 10 2. "Court" means the district court. 5 11 3. "Department" means the department of human services. 5 12 4. "Dependent adult" means a person eighteen years of age 5 13 or older who is unable as the result of a physical, mental, or 5 14 other condition as defined by departmental rule to protect the 5 15 person's own interests or who is unable to adequately perform 5 16or obtain servicesactivities necessary to meet essential 5 17 human needs, as a result of a physical or mental condition5 18which requires assistance from another, or as defined by5 19departmental rule. 5 20 5. "Dependent adult abuse" means: 5 21 a. Any of the following as a result of the willful or 5 22 negligent acts or omissions of a caretaker: 5 23 (1) Physical injury to, or injury which is at a variance 5 24 with the history given of the injury, or unreasonable 5 25 confinement, unreasonable punishment, or assault of a 5 26 dependent adult. 5 27 (2) The commission of a sexual offense under chapter 709 5 28 or section 726.2 with or against a dependent adult. 5 29 (3) Exploitation of a dependent adult which means the act 5 30 or process of taking unfair advantage of a dependent adult or 5 31 the adult's physical or financial resources for one's own 5 32 personal or pecuniary profit, without the informed consent of 5 33 the dependent adult, including theft, by the use of undue 5 34 influence, harassment, duress, deception, false 5 35 representation, or false pretenses. 6 1 (4) The deprivation of the minimum food, shelter, 6 2 clothing, supervision, physical or mental health care, or 6 3 other care necessary to maintain a dependent adult's life or 6 4 health. 6 5 (5) Emotional or psychological injury to a dependent adult 6 6 which includes, but is not limited to, verbal harassment, 6 7 insults, threats, or assaults; intimidation; instilling of 6 8 fear; isolation; or any other acts or omissions which result 6 9 in mental distress or anguish, fright, anxiety, humiliation, 6 10 or emotional disturbance. 6 11 b. The deprivation of the minimum food, shelter, clothing, 6 12 supervision, physical or mental health care, and other care 6 13 necessary to maintain a dependent adult's life or health as a 6 14 result of the acts or omissions of the dependent adult. 6 15 Dependent adult abuse does not include depriving a 6 16 dependent adult of medical treatment if the dependent adult 6 17 holds a belief or is an adherent of a religion whose tenets 6 18 and practices call for reliance on spiritual means in place of 6 19 reliance on medical treatment. However, this provision does 6 20 not preclude a court from ordering that medical service be 6 21 provided to the dependent adult if the dependent adult's 6 22 health requires it. 6 23 Dependent adult abuse does not include the withholding or 6 24 withdrawing of health care from a dependent adult who is 6 25 terminally ill in the opinion of a licensed physician, when 6 26 the withholding or withdrawing of health care is done at the 6 27 request of the dependent adult or at the request of the 6 28 dependent adult's next of kin or guardian pursuant to the 6 29 applicable procedures under chapter 125, 222, 229, or 633. 6 30 c. Sexual exploitation of a dependent adult who is a 6 31 resident of a health care facility, as defined in section 6 32 135C.1, by a caretaker providing services to or employed by 6 33 the health care facility, whether within the health care 6 34 facility or at a location outside of the health care facility. 6 35 "Sexual exploitation" means any consensual or nonconsensual 7 1 sexual conduct with a dependent adult for the purpose of 7 2 arousing or satisfying the sexual desires of the caretaker or 7 3 dependent adult, which includes but is not limited to kissing; 7 4 touching of the clothed or unclothed inner thigh, breast, 7 5 groin, buttock, anus, pubes, or genitals; or a sex act, as 7 6 defined in section 702.17. Sexual exploitation does not 7 7 include touching which is part of a necessary examination, 7 8 treatment, or care by a caretaker acting within the scope of 7 9 the practice or employment of the caretaker; the exchange of a 7 10 brief touch or hug between the dependent adult and a caretaker 7 11 for the purpose of reassurance, comfort, or casual friendship; 7 12 or touching between spouses. 7 13 5A. "Emergency shelter services" means and includes, but 7 14 is not limited to, secure crisis shelters or housing for 7 15 victims of dependent adult abuse. 7 16 5B. "Family or household member" means a spouse, a person 7 17 cohabiting with the dependent adult, a parent, or a person 7 18 related to the dependent adult by consanguinity or affinity, 7 19 but does not include children of the dependent adult who are 7 20 less than eighteen years of age. 7 21 5C. "Immediate danger to health or safety" means a 7 22 situation in which death or severe bodily injury could 7 23 reasonably be expected to occur without intervention. 7 24 6. "Individual employed as an outreach person" means a 7 25 natural person who, in the course of employment, makes regular 7 26 contacts with dependent adults regarding available community 7 27 resources. 7 28 6A. "Legal holiday" means a legal public holiday as 7 29 defined in section 1C.1. 7 30 7. "Person" means person as defined in section 4.1. 7 31 8. "Recklessly" means that a person acts or fails to act 7 32 with respect to a material element of a public offense, when 7 33 the person is aware of and consciously disregards a 7 34 substantial and unjustifiable risk that the material element 7 35 exists or will result from the act or omission. The risk must 8 1 be of such a nature and degree that disregard of the risk 8 2 constitutes a gross deviation from the standard conduct that a 8 3 reasonable person would observe in the situation. 8 4 9. "Serious injury" means a disabling mental illness, or a 8 5 bodily injury which creates a substantial risk of death or 8 6 which causes serious permanent disfigurement, or protracted 8 7 loss or impairment of the function of any bodily member or 8 8 organ. 8 9 10. "Support services" includes but is not limited to 8 10 community-based services including area agency on aging 8 11 assistance, mental health services, fiscal management, home 8 12 health services, housing-related services, counseling 8 13 services, transportation services, adult day care services, 8 14 respite services, legal services, and advocacy services. 8 15 Sec. 4. Section 235B.3, subsection 5, Code Supplement 8 16 1995, is amended to read as follows: 8 17 5. Following the reporting of suspected dependent adult 8 18 abuse, the department of human services shall complete an 8 19 assessment of necessary services and shall make appropriate 8 20 referrals for receipt of these services. The assessment shall 8 21 include interviews with the dependent adult, and, if 8 22 appropriate, with the alleged perpetrator of the dependent 8 23 adult abuse and with any person believed to have knowledge of 8 24 the circumstances of the case. The department may provide 8 25 necessary protective services and may establish a sliding fee 8 26 schedule for those persons able to pay a portion of the 8 27 protective services. 8 28 Sec. 5. Section 235B.3, subsection 7, unnumbered paragraph 8 29 1, Code Supplement 1995, is amended to read as follows: 8 30 The department shall inform the appropriate county 8 31 attorneys of any reports of dependent adult abuse. The 8 32 department may request information from any person believed to 8 33 have knowledge of a case of dependent adult abuse. The 8 34 person, including but not limited to a county attorney, a law 8 35 enforcement agency, a multidisciplinary team, or a social 9 1 services agency in the state shall cooperate and assist in the 9 2 evaluation upon the request of the department. If the 9 3 department's investigation reveals that dependent adult abuse 9 4 exists which constitutes a criminal offense, a report shall be 9 5 made to the appropriate law enforcement agency. County 9 6 attorneys and appropriate law enforcement agencies shall also 9 7 take any other lawful action necessary or advisable for the 9 8 protection of the dependent adult. 9 9 Sec. 6. Section 235B.3, subsection 7, paragraph a, Code 9 10 Supplement 1995, is amended to read as follows: 9 11 a. If, upon completion of the evaluation or upon referral 9 12 from the department of inspections and appeals, the department 9 13 determines that the best interests of the dependent adult 9 14 require court action, the department shall initiate 9 15 appropriate court actionfor the appointment of a guardian or9 16conservator or for admission or commitment to an appropriate9 17institution or facility pursuant to the applicable procedures9 18under chapter 125, 222, 229, or 633. The appropriate county 9 19 attorney shall assist the department in the preparation of the 9 20 necessary papers to initiate the action and shall appear and 9 21 represent the department at all district court proceedings. 9 22 Sec. 7. NEW SECTION. 235B.3A PREVENTION OF ADDITIONAL 9 23 ABUSE &endash; NOTIFICATION OF RIGHTS &endash; ARREST &endash; LIABILITY. 9 24 1. If a peace officer has reason to believe that dependent 9 25 adult abuse, which is criminal in nature, has occurred, the 9 26 officer shall use all reasonable means to prevent further 9 27 abuse, including but not limited to any of the following: 9 28 a. If requested, remaining on the scene as long as there 9 29 is a danger to the dependent adult's physical safety without 9 30 the presence of a peace officer, including but not limited to 9 31 staying in the dwelling unit, or if unable to remain at the 9 32 scene, assisting the dependent adult in leaving the residence 9 33 and securing support services or emergency shelter services. 9 34 b. Assisting the dependent adult in obtaining medical 9 35 treatment necessitated by the dependent adult abuse, including 10 1 providing assistance to the dependent adult in obtaining 10 2 transportation to the emergency room of the nearest hospital. 10 3 c. Providing a dependent adult with immediate and adequate 10 4 notice of the dependent adult's rights. The notice shall 10 5 consist of handing the dependent adult a copy of the following 10 6 statement written in English and Spanish, requesting the 10 7 dependent adult to read the card and asking the dependent 10 8 adult whether the dependent adult understands the rights: 10 9 "(1) You have the right to ask the court for the following 10 10 help on a temporary basis: 10 11 (a) Keeping the alleged perpetrator away from you, your 10 12 home, and your place of work. 10 13 (b) The right to stay at your home without interference 10 14 from the alleged perpetrator. 10 15 (c) Professional counseling for you, your family, or 10 16 household members, and the alleged perpetrator of the 10 17 dependent adult abuse. 10 18 (2) If you are in need of medical treatment, you have the 10 19 right to request that the peace officer present assist you in 10 20 obtaining transportation to the nearest hospital or otherwise 10 21 assist you. 10 22 (3) If you believe that police protection is needed for 10 23 your physical safety, you have the right to request that the 10 24 peace officer present remain at the scene until you and other 10 25 affected parties can leave or safety is otherwise ensured." 10 26 The notice shall also contain the telephone number of the 10 27 local emergency shelter services, support services, or crisis 10 28 lines operating in the area. 10 29 Sec. 8. NEW SECTION. 235B.17 PROVISION OF PROTECTIVE 10 30 SERVICES WITH THE CONSENT OF DEPENDENT ADULT &endash; WITHDRAWAL OF 10 31 CONSENT &endash; CARETAKER REFUSAL. 10 32 1. If the department determines that a dependent adult is 10 33 in need of protective services, the department shall 10 34 immediately provide or arrange for the provision of protective 10 35 services, provided that the dependent adult consents. 11 1 2. When a caretaker of a dependent adult, who consents to 11 2 the receipt of protective services, refuses to allow provision 11 3 of the services, the department may petition the court for an 11 4 order enjoining the caretaker from interfering with the 11 5 provision of services. The petition shall allege specific 11 6 facts sufficient to demonstrate that the dependent adult is in 11 7 need of protective services and consents to the provision of 11 8 services and that the caretaker refuses to allow provision of 11 9 the services. If the judge finds by clear and convincing 11 10 evidence that the dependent adult is in need of protective 11 11 services and consents to the services and that the caretaker 11 12 refuses to allow the services, the judge may issue an order 11 13 enjoining the caretaker from interfering with the provision of 11 14 the protective services. 11 15 3. If a dependent adult does not consent to the receipt of 11 16 protective services, or if the dependent adult withdraws 11 17 consent, the services shall not be provided. 11 18 Sec. 9. NEW SECTION. 235B.18 PROVISION OF SERVICES TO 11 19 DEPENDENT ADULT WHO LACKS CAPACITY TO CONSENT &endash; HEARING &endash; 11 20 FINDINGS. 11 21 1. If the department reasonably determines that a 11 22 dependent adult is a victim of dependent adult abuse and lacks 11 23 capacity to consent to the receipt of protective services, the 11 24 department may petition the court for an order authorizing the 11 25 provision of protective services. The petition shall allege 11 26 specific facts sufficient to demonstrate that the dependent 11 27 adult is in need of protective services and lacks capacity to 11 28 consent to the receipt of services. 11 29 2. The court shall set the case for hearing within 11 30 fourteen days of the filing of the petition. The dependent 11 31 adult shall receive at least five days' notice of the hearing. 11 32 The dependent adult has the right to be present and 11 33 represented by counsel at the hearing. If the dependent 11 34 adult, in the determination of the judge, lacks the capacity 11 35 to waive the right of counsel, the court shall appoint a 12 1 guardian ad litem for the dependent adult. If the dependent 12 2 adult is indigent, the costs of representation by counsel or 12 3 guardian ad litem shall be borne by the county of residence of 12 4 the dependent adult. 12 5 3. If, at the hearing, the judge finds by clear and 12 6 convincing evidence that the dependent adult is in need of 12 7 protective services and lacks the capacity to consent to the 12 8 receipt of protective services, the judge may issue an order 12 9 authorizing the provision of protective services. The order 12 10 may include the designation of a person to be responsible for 12 11 performing or obtaining protective services on behalf of the 12 12 dependent adult or otherwise consenting to the receipt of 12 13 protective services on behalf of the dependent adult. Within 12 14 sixty days of the appointment of such a person the court shall 12 15 conduct a review to determine if a petition shall be initiated 12 16 in accordance with section 633.552 for good cause shown. The 12 17 court may extend the sixty-day period for an additional sixty 12 18 days, at the end of which the court shall conduct a review to 12 19 determine if a petition shall be initiated in accordance with 12 20 section 633.552. A dependent adult shall not be committed to 12 21 a mental health facility under this section. 12 22 4. A determination by the court that a dependent adult 12 23 lacks the capacity to consent to the receipt of protective 12 24 services under this chapter shall not affect incompetence 12 25 proceedings under sections 633.552 through 633.556 or any 12 26 other proceedings, and incompetence proceedings under sections 12 27 633.552 through 633.556 shall not have a conclusive effect on 12 28 the question of capacity to consent to the receipt of 12 29 protective services under this chapter. 12 30 Sec. 10. NEW SECTION. 235B.19 EMERGENCY ORDER FOR 12 31 PROTECTIVE SERVICES. 12 32 1. If the department determines that a dependent adult is 12 33 suffering from dependent adult abuse which presents an 12 34 immediate danger to the health or safety of the dependent 12 35 adult, that the dependent adult lacks capacity to consent to 13 1 receive protective services, and that no consent can be 13 2 obtained, the department may petition the court with probate 13 3 jurisdiction in the county in which the dependent adult 13 4 resides for an emergency order authorizing protective 13 5 services. 13 6 2. The petition shall be verified and shall include all of 13 7 the following: 13 8 a. The name, date of birth, and address of the dependent 13 9 adult who needs protective services. 13 10 b. The nature of the dependent adult abuse. 13 11 c. The services required. 13 12 3. Upon finding that there is probable cause to believe 13 13 that the dependent adult abuse presents an immediate threat to 13 14 the health or safety of the dependent adult and that the 13 15 dependent adult lacks capacity to consent to the receipt of 13 16 services, the court may do any of the following: 13 17 a. Order removal of the dependent adult to safer 13 18 surroundings. 13 19 b. Order the provision of medical services. 13 20 c. Order the provision of other available services 13 21 necessary to remove conditions creating the danger to health 13 22 or safety, including the services of peace officers or 13 23 emergency services personnel. 13 24 4. The emergency order expires at the end of seventy-two 13 25 hours from the time of the order unless the seventy-two-hour 13 26 period ends on a Saturday, Sunday, or legal holiday in which 13 27 event the order is automatically extended to four p.m. on the 13 28 first succeeding business day. An order may be renewed for 13 29 not more than fourteen additional days. A renewal order that 13 30 ends on a Saturday, Sunday, or legal holiday is automatically 13 31 extended to four p.m. on the first succeeding business day. 13 32 The court may modify or terminate the emergency order on the 13 33 petition of the department, the dependent adult, or any person 13 34 interested in the dependent adult's welfare. 13 35 5. If the department cannot obtain an emergency order 14 1 under this section due to inaccessibility of the court, the 14 2 department may remove the dependent adult to safer 14 3 surroundings, authorize the provision of medical treatment, 14 4 and order the provision of or provide other available services 14 5 necessary to remove conditions creating the immediate danger 14 6 to the health or safety of the dependent adult. The 14 7 department shall obtain an emergency order under this section 14 8 not later than four p.m. on the first succeeding business day 14 9 after the date on which protective or other services are 14 10 provided. If the department does not obtain an emergency 14 11 order, the department shall cease providing protective 14 12 services and, if necessary, make arrangements for the 14 13 immediate return of the person to the place from which the 14 14 person was removed, to the person's place of residence in the 14 15 state, or to another suitable place. 14 16 6. The court may also enter orders as may be appropriate 14 17 to third persons enjoining them from specific conduct. The 14 18 orders may include temporary restraining orders which impose 14 19 criminal sanctions if violated. The court may enjoin third 14 20 persons from any of the following: 14 21 a. Removing the dependent adult from the care or custody 14 22 of another. 14 23 b. Committing dependent adult abuse on the dependent 14 24 adult. 14 25 c. Living at the dependent adult's residence. 14 26 d. Contacting the dependent adult in person or by 14 27 telephone. 14 28 e. Selling, removing, or otherwise disposing of the 14 29 dependent adult's personal property. 14 30 f. Withdrawing funds from any bank, savings and loan 14 31 association, credit union, or other financial institution, or 14 32 from a stock account in which the dependent adult has an 14 33 interest. 14 34 g. Negotiating any instruments payable to the dependent 14 35 adult. 15 1 h. Selling, mortgaging, or otherwise encumbering any 15 2 interest that the dependent adult has in real property. 15 3 i. Exercising any powers on behalf of the dependent adult 15 4 through representatives of the department, any court-appointed 15 5 guardian or guardian ad litem, or any official acting on the 15 6 dependent adult's behalf. 15 7 j. Engaging in any other specified act which, based upon 15 8 the facts alleged, would constitute harm or a threat of 15 9 imminent harm to the dependent adult or would cause damage to 15 10 or the loss of the dependent adult's property. 15 11 Sec. 11. NEW SECTION. 235B.20 DEPENDENT ADULT ABUSE &endash; 15 12 INITIATION OF CHARGES &endash; PENALTY. 15 13 1. Charges of dependent adult abuse may be initiated upon 15 14 complaint of private individuals or as a result of 15 15 investigations by social service agencies or on the direct 15 16 initiative of a county attorney or law enforcement agency. 15 17 2. A caretaker who intentionally commits dependent adult 15 18 abuse on a dependent adult in violation of this chapter is 15 19 guilty of a class "C" felony if the intentional dependent 15 20 adult abuse results in serious injury. 15 21 3. A caretaker who recklessly commits dependent adult 15 22 abuse on a dependent adult in violation of this chapter is 15 23 guilty of a class "D" felony if the reckless dependent adult 15 24 abuse results in serious injury. 15 25 4. A caretaker who intentionally commits dependent adult 15 26 abuse on a dependent adult in violation of this chapter is 15 27 guilty of a class "C" felony if the intentional dependent 15 28 adult abuse results in physical injury. 15 29 5. A caretaker who commits dependent adult abuse by 15 30 exploiting a dependent adult in violation of this chapter is 15 31 guilty of a class "D" felony if the value of the property, 15 32 assets, or resources exceeds one hundred dollars. 15 33 6. A caretaker who recklessly commits dependent adult 15 34 abuse on a person in violation of this chapter is guilty of an 15 35 aggravated misdemeanor if the reckless dependent adult abuse 16 1 results in physical injury. 16 2 7. A caretaker who emotionally abuses a dependent adult in 16 3 violation of this chapter is guilty of a serious misdemeanor. 16 4 8. A caretaker who commits dependent adult abuse by 16 5 exploiting a dependent adult in violation of this chapter is 16 6 guilty of a simple misdemeanor if the value of the property, 16 7 assets, or resources is one hundred dollars or less. 16 8 9. A caretaker alleged to have committed a violation of 16 9 this chapter shall be charged with the respective offense 16 10 cited, unless a charge may be brought based upon a more 16 11 serious offense, in which case the charge of the more serious 16 12 offense shall supersede the less serious charge. 16 13 EXPLANATION 16 14 This bill makes several changes in the dependent adult 16 15 abuse law. 16 16 In the area of dependent adult abuse services established 16 17 and operated by the department of human services, the bill 16 18 provides that the services are to be available to dependent 16 19 adults who are unable to protect their own interests or to 16 20 perform the activities necessary to meet basic human needs and 16 21 deletes application to dependent adults who are unable to 16 22 obtain essential services. The bill also provides for the 16 23 establishment of local or regional multidisciplinary teams. 16 24 Multidisciplinary teams currently exist, but not at the local 16 25 or regional levels, and the bill also directs these teams to 16 26 assist in assessing the needs of, formulating and monitoring a 16 27 treatment plan for, and coordinating services to dependent 16 28 adult abuse victims and to meet at least on a quarterly basis. 16 29 The bill also provides for the establishment of a dependent 16 30 adult protective advisory council and directs the council to 16 31 perform certain duties. 16 32 The bill establishes pilot projects to implement an 16 33 assessment-based approach to respond to dependent adult abuse 16 34 reports. This is similar to the assessment-based approach 16 35 pilot projects enacted during the 1995 session relating to 17 1 child abuse reports. The pilot projects are to be implemented 17 2 by the department of human services by January 15, 1997, with 17 3 an evaluation submitted to the governor and the general 17 4 assembly by January 15, 1998. The intent is to implement the 17 5 assessment-based approach on a statewide basis by July 1, 17 6 1998. 17 7 The bill makes several changes in the definitions used in 17 8 the dependent adult abuse chapter including "caretaker", which 17 9 is amended to include persons who have the responsibility for 17 10 control of or who stand in a position of trust with or have an 17 11 interest in the financial matters of a dependent adult; 17 12 "dependent adult", which is amended to include persons who are 17 13 unable to perform activities (currently the definition 17 14 includes those unable to "obtain services") to meet essential 17 15 human needs due to a physical or mental condition and 17 16 additionally in this bill includes other conditions as defined 17 17 by departmental rule; "dependent adult abuse", which is 17 18 amended in the area of exploitation to include not having the 17 19 informed consent of the dependent adult in dealing with the 17 20 physical or financial resources of the dependent adult; 17 21 "emergency shelter services"; "family or household member"; 17 22 "immediate danger to health or safety"; "legal holiday"; 17 23 "recklessly"; "serious injury"; and "support services". The 17 24 bill also provides for the reporting of dependent adult abuse 17 25 to law enforcement following a departmental investigation 17 26 which reveals dependent adult abuse which constitutes a 17 27 criminal offense and for the initiation of appropriate court 17 28 action. 17 29 The bill also provides for the prevention of additional 17 30 abuse through involvement of a peace officer at the scene of a 17 31 case of dependent adult abuse which is criminal in nature; 17 32 provides for provision of notice to the dependent adult of the 17 33 dependent adult's rights; provides for the provision of 17 34 protective services with the consent of the dependent adult, 17 35 or by obtaining court authorization to provide protective 18 1 services to a dependent adult who is unable to provide 18 2 consent, or by obtaining an emergency order for protective 18 3 services for a dependent adult. 18 4 The bill also provides penalties ranging from a class "C" 18 5 felony to a simple misdemeanor for various criminal charges of 18 6 dependent adult abuse. 18 7 BACKGROUND STATEMENT 18 8 SUBMITTED BY THE AGENCY 18 9 Elder abuse is an often overlooked form of societal 18 10 violence, yet it is of special concern here in Iowa due to our 18 11 large elderly population. Iowa ranks first in the nation in 18 12 the percentage of persons aged 85 and older, second in the 18 13 nation in percentage of persons aged 75 years and older, and 18 14 third in the nation in the percentage of persons aged 65 and 18 15 older. Elder abuse is anticipated to be a growing problem in 18 16 the next century as the population of those aged 60 and over 18 17 increases from the current 41,000,000 to 72,000,000 by the 18 18 year 2000 (National Aging Resource Center on Elder Abuse). 18 19 Researchers estimate that only one in 14 incidents of elder 18 20 abuse actually comes to the attention of law enforcement or 18 21 human services agencies. 18 22 According to the 1990 census, there were 553,549 persons 18 23 over age 60 in Iowa. Also in 1990, the House Select Committee 18 24 on Aging reported that 5 percent of the nation's elderly may 18 25 be victims of abuse ranging from moderate to severe. These 18 26 statistics indicate that 27,673 elderly Iowans may be abused 18 27 each year. However, in 1994 only 1,212 cases of dependent 18 28 adult abuse were reported. Of the 1,212 reports made only 18 29 27.95 percent were founded. One of the reasons for unfounded 18 30 cases is that the law is not consistently interpreted and 18 31 implemented. Therefore, the law does not serve its intended 18 32 purpose to protect vulnerable dependent persons from abuse. 18 33 The proposed legislation was developed in response to 18 34 concerns and problems identified by the elder abuse committee, 18 35 area agencies on aging, service providers, and friends and 19 1 family of elders. This legislation would change portions of 19 2 the current dependent adult abuse law that adversely affect 19 3 victims of adult abuse. Currently, Iowa's law which protects 19 4 persons over 60 is found in chapter 235B of the Iowa Code and 19 5 is entitled "Dependent Adult Abuse". In order to report 19 6 suspected abuse under this statute, three criteria must be 19 7 present. The alleged victim must be dependent, a caretaker 19 8 must be the suspected abuser, and there must be an allegation 19 9 of abuse. Allegations of abuse include physical abuse, sexual 19 10 abuse, financial exploitation, neglect, denial of critical 19 11 care, and self-denial of critical care. In general, the 19 12 changes suggested attempt to broaden the statute to protect 19 13 and reach vulnerable adults who otherwise do not meet the 19 14 criteria, yet are victims of abuse. 19 15 LSB 3357DP 76 19 16 pf/sc/14.1
Text: SSB02117 Text: SSB02119 Text: SSB02100 - SSB02199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
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