Text: HF02140 Text: HF02142 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 235B.1A DEPENDENT ADULT ABUSE 1 2 ASSESSMENT PILOT PROJECTS. 1 3 1. The department, in consultation with the department of 1 4 elder affairs and the governor's planning council for 1 5 developmental disabilities, shall develop and administer an 1 6 assessment-based approach to respond to dependent adult abuse 1 7 reports made pursuant to section 235B.3. The approach shall 1 8 be developed in accordance with the provisions of this section 1 9 and in cooperation with appropriate representatives of the 1 10 multidisciplinary teams, case management programs, long-term 1 11 care providers, and area agencies on aging. The assessment- 1 12 based approach shall be utilized on a pilot project basis in 1 13 not more than five areas of the state, both urban and rural, 1 14 which have existing case management programs as selected by 1 15 the department. 1 16 2. Upon receipt of a dependent adult abuse report in a 1 17 pilot project area, the department shall perform an 1 18 assessment, using a standard assessment tool approved by the 1 19 department. The department shall commence the assessment 1 20 within seventy-two hours of the receipt of the report. The 1 21 primary purpose of the assessment is to protect the safety of 1 22 the dependent adult named in the report. The secondary 1 23 purpose of the assessment is to engage the dependent adult's 1 24 family or friends in existing community-based support services 1 25 to enhance the dependent adult's strengths and to address the 1 26 needs of the dependent adult. 1 27 3. The department shall determine the appropriate person 1 28 to conduct the assessment. The assessment shall include 1 29 interviews with the dependent adult, if appropriate, with the 1 30 person allegedly responsible for the abuse, and with other 1 31 persons thought to have knowledge of the circumstances. The 1 32 person conducting the assessment shall develop an outcome- 1 33 based treatment plan which coordinates services in accordance 1 34 with the needs of the dependent adult. 1 35 4. Notwithstanding contrary provisions of sections 235B.3 2 1 through 235B.13, the following requirements shall apply to 2 2 dependent adult abuse information in an assessment performed 2 3 in accordance with this section. 2 4 a. If the department determines that the dependent adult 2 5 suffered serious injury or was placed at great risk of injury, 2 6 the name of the dependent adult and the person responsible for 2 7 the abuse of the dependent adult shall be placed in the 2 8 central registry as a case of founded adult abuse. Any of the 2 9 following shall be considered an indicator that the dependent 2 10 adult suffered serious injury or was placed in great risk of 2 11 injury: 2 12 (1) The case was referred to the county attorney for 2 13 criminal court action as a result of the acts or omissions of 2 14 the person allegedly responsible for the abuse. 2 15 (2) In the opinion of a health practitioner or mental 2 16 health professional, the injury to the dependent adult, as a 2 17 result of the acts or omissions of the person allegedly 2 18 responsible for the abuse, required or should have required 2 19 medical or mental health treatment. 2 20 (3) The department determines in a subsequent assessment 2 21 that the dependent adult suffered serious injury or was placed 2 22 in great risk of injury due to the acts or omissions of the 2 23 same person allegedly responsible for the abuse. 2 24 b. In any other case, the dependent adult abuse 2 25 information shall not be placed in the central registry but 2 26 shall be retained in the local case file. Notwithstanding 2 27 chapter 22, the confidentiality of the information shall be 2 28 maintained. 2 29 c. If information is placed in the central registry as a 2 30 case of founded dependent adult abuse, all the provisions of 2 31 sections 235B.3 through 235B.13 which apply to a case of 2 32 founded dependent adult abuse shall apply to a case of founded 2 33 dependent adult abuse under this section. 2 34 5. The department shall implement the pilot projects by 2 35 January 15, 1999. The department shall submit a report to the 3 1 governor and to the general assembly which provides an 3 2 analysis of the pilot projects by January 15, 2000. It is the 3 3 intent of the general assembly to implement an assessment- 3 4 based approach statewide to respond to dependent adult abuse 3 5 reports beginning July 1, 2000. 3 6 Sec. 2. NEW SECTION. 235B.1B TRAINING – DEPENDENT ADULT 3 7 ABUSE – EVALUATIONS OR ASSESSMENTS. 3 8 1. The department, in consultation with the department of 3 9 elder affairs, shall establish a program for the training of 3 10 individuals who evaluate or assess reports of dependent adult 3 11 abuse. The program shall address issues including but not 3 12 limited to the aging process, assessment of mental capacity 3 13 and functional abilities, interviewing an elder, interviewing 3 14 a person with a disability, and working with the current 3 15 network of services for elders and persons with disabilities 3 16 to ensure the provision of support services to the dependent 3 17 adult. 3 18 2. An individual who evaluates or assesses reports of 3 19 dependent adult abuse shall attend the training established in 3 20 this section on an annual basis. 3 21 Sec. 3. Section 235B.2, subsections 1 and 4, Code 1997, 3 22 are amended to read as follows: 3 23 1. "Caretaker" means a related or nonrelated person who 3 24 cares for, hasthe responsibility for the protection, care, or3 25 custodyofor control of, has an interest in the financial 3 26 matters of, or stands in a position of trust with a dependent 3 27 adult as a result of assuming the responsibility voluntarily, 3 28 by contract, through employment, or by order of the court. 3 29 4. "Dependent adult" means a person eighteen years of age 3 30 or older who is unable as a result of a physical, mental, or 3 31 other condition to protect the person's own interests or 3 32 unable to adequately performor obtain servicesactivities 3 33 necessary to meet essential human needs, as a result of a3 34physical or mental condition which requires assistance from3 35another, or as defined by departmental rule. 4 1 Sec. 4. Section 235B.2, Code 1997, is amended by adding 4 2 the following new subsection: 4 3 NEW SUBSECTION. 5A. "Elder dependent adult" means an 4 4 individual sixty years of age or older who is a dependent 4 5 adult. 4 6 Sec. 5. NEW SECTION. 235B.21 ENHANCED PENALTY – 4 7 DEPENDENT ADULT ABUSE COMMITTED AGAINST ELDER – FUND 4 8 ESTABLISHED. 4 9 1. A caretaker who commits dependent adult abuse against 4 10 an elder dependent adult is subject to a civil penalty, in 4 11 addition to any other civil or criminal penalty provided for 4 12 the commission of the offense, not to exceed five thousand 4 13 dollars for each violation. 4 14 2. In determining whether to impose the additional penalty 4 15 pursuant to subsection 1 and the amount of the penalty to be 4 16 imposed, the court shall consider all of the following, as 4 17 applicable: 4 18 a. Whether the caretaker's conduct was in willful 4 19 disregard of the rights of the elder dependent adult. 4 20 b. Whether the caretaker knew or should have known that 4 21 the caretaker's conduct was directed to an elder dependent 4 22 adult. 4 23 c. Whether the caretaker's relationship with the elder 4 24 dependent adult was such that the abuse breached a position of 4 25 trust. 4 26 d. Any other factors the court deems appropriate. 4 27 3. An elder dependent adult emergency services fund is 4 28 created in the state treasury as a separate fund to be 4 29 administered by the department. Civil penalties imposed and 4 30 collected under this section shall be deposited in the fund. 4 31 Notwithstanding section 8.33, any unexpended balances in the 4 32 fund at the end of each fiscal year shall be retained in the 4 33 fund. Notwithstanding section 12C.7, subsection 2, interest 4 34 or earnings on investments or time deposits of the moneys in 4 35 the fund shall be credited to the fund. Moneys deposited in 5 1 the fund, subject to appreciation by the general assembly, 5 2 shall be used for the purposes of sections 235B.17 through 5 3 235B.19. 5 4 EXPLANATION 5 5 This bill establishes provisions relating to dependent 5 6 adult abuse. 5 7 The bill establishes pilot projects for the development and 5 8 administration of an assessment-based approach to respond to 5 9 reports of dependent adult abuse. The approach is to be 5 10 developed by the department of human services in consultation 5 11 with the department of elder affairs and the governor's 5 12 planning council for developmental disabilities and in 5 13 cooperation with the appropriate representatives of the 5 14 multidisciplinary teams, case management programs, long-term 5 15 care providers, and area agencies on aging. The pilot 5 16 projects are to be established in not more than five areas of 5 17 the state, both rural and urban, which have existing case 5 18 management programs. The bill specifies the actions to be 5 19 taken under the assessment-based approach and the results of 5 20 certain determinations made following an assessment. The 5 21 pilot projects are to be implemented by January 15, 1999, with 5 22 an analysis of the projects submitted to the governor and the 5 23 general assembly by January 15, 2000. The bill states that it 5 24 is the intent of the general assembly to implement the 5 25 assessment-based approach statewide beginning July 1, 2000. 5 26 The bill also redefines the terms "caretaker" and 5 27 "dependent adult" and defines "elder dependent adult" for the 5 28 purposes of the dependent adult abuse chapter. 5 29 The bill instructs the department of human services in 5 30 consultation with the department of elder affairs to develop a 5 31 training program for individuals who perform evaluations or 5 32 assessments of dependent adult abuse reports and specifies 5 33 issues which should be addressed in the training. The bill 5 34 also requires individuals who perform these evaluations or 5 35 assessments to attend the training established on an annual 6 1 basis. 6 2 The bill establishes an additional civil penalty for the 6 3 commission of dependent adult abuse against an elder and 6 4 provides a list of issues for the court to consider in 6 5 determining whether an additional penalty should be imposed 6 6 and the amount of the penalty. The moneys collected are to be 6 7 deposited in an elder dependent adult emergency services fund 6 8 created in the state treasury and administered by the 6 9 department of human services. The moneys in the fund are to 6 10 be used for the purposes provided under the sections of the 6 11 Code relating to provision of protective and other services to 6 12 elder dependent adults. 6 13 LSB 3999HH 77 6 14 pf/cf/24
Text: HF02140 Text: HF02142 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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