Text: HF02524 Text: HF02526 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 104A.5A EXISTING BUILDINGS. 1 2 1. A limited time, determined to be reasonable by the 1 3 authority having jurisdiction, shall be allowed for compliance 1 4 with any part of this chapter relative to buildings in 1 5 existence on July 1, 1998. The determination of the time 1 6 allowed for compliance shall be commensurate with the 1 7 magnitude of expenditure, disruption of services, and the 1 8 degree of hazard presented. 1 9 2. The requirements for buildings in existence on July 1, 1 10 1998, may be modified if the authority having jurisdiction 1 11 determines that compliance would be unreasonable, but only if 1 12 noncompliance does not present an unreasonable degree of 1 13 danger. 1 14 3. For the purposes of assisted living programs as defined 1 15 in section 231C.2, the authority having jurisdiction is the 1 16 department of elder affairs. 1 17 Sec. 2. NEW SECTION. 235B.1A DEPENDENT ADULT ABUSE 1 18 ASSESSMENT PILOT PROJECTS. 1 19 1. The department, in consultation with the department of 1 20 elder affairs and the governor's planning council for 1 21 developmental disabilities, shall develop and administer an 1 22 assessment-based approach to respond to dependent adult abuse 1 23 reports made pursuant to section 235B.3. The approach shall 1 24 be developed in accordance with the provisions of this section 1 25 and in cooperation with appropriate representatives of the 1 26 multidisciplinary teams, case management programs, long-term 1 27 care providers, and area agencies on aging. The assessment- 1 28 based approach shall be utilized on a pilot project basis in 1 29 not more than five areas of the state, both urban and rural, 1 30 which have existing case management programs as selected by 1 31 the department. 1 32 2. Upon receipt of a dependent adult abuse report in a 1 33 pilot project area, the department shall perform an 1 34 assessment, using a standard assessment tool approved by the 1 35 department. The department shall commence the assessment 2 1 within seventy-two hours of the receipt of the report. The 2 2 primary purpose of the assessment is to protect the safety of 2 3 the dependent adult named in the report. The secondary 2 4 purpose of the assessment is to engage the dependent adult's 2 5 family or friends in existing community-based support services 2 6 to enhance the dependent adult's strengths and to address the 2 7 needs of the dependent adult. 2 8 3. The department shall determine the appropriate person 2 9 to conduct the assessment. The assessment shall include 2 10 interviews with the dependent adult, if appropriate, with the 2 11 person allegedly responsible for the abuse, and with other 2 12 persons thought to have knowledge of the circumstances. The 2 13 person conducting the assessment shall develop an outcome- 2 14 based treatment plan which coordinates services in accordance 2 15 with the needs of the dependent adult. 2 16 4. Notwithstanding contrary provisions of sections 235B.3 2 17 through 235B.13, the following requirements shall apply to 2 18 dependent adult abuse information in an assessment performed 2 19 in accordance with this section. 2 20 a. If the department determines that the dependent adult 2 21 suffered serious injury or was placed at great risk of injury, 2 22 the name of the dependent adult and the person responsible for 2 23 the abuse of the dependent adult shall be placed in the 2 24 central registry as a case of founded adult abuse. Any of the 2 25 following shall be considered an indicator that the dependent 2 26 adult suffered serious injury or was placed in great risk of 2 27 injury: 2 28 (1) The case was referred to the county attorney for 2 29 criminal court action as a result of the acts or omissions of 2 30 the person allegedly responsible for the abuse. 2 31 (2) In the opinion of a health practitioner or mental 2 32 health professional, the injury to the dependent adult, as a 2 33 result of the acts or omissions of the person allegedly 2 34 responsible for the abuse, required or should have required 2 35 medical or mental health treatment. 3 1 (3) The department determines in a subsequent assessment 3 2 that the dependent adult suffered serious injury or was placed 3 3 in great risk of injury due to the acts or omissions of the 3 4 same person allegedly responsible for the abuse. 3 5 b. In any other case, the dependent adult abuse 3 6 information shall not be placed in the central registry but 3 7 shall be retained in the local case file. Notwithstanding 3 8 chapter 22, the confidentiality of the information shall be 3 9 maintained. 3 10 c. If information is placed in the central registry as a 3 11 case of founded dependent adult abuse, all the provisions of 3 12 sections 235B.3 through 235B.13 which apply to a case of 3 13 founded dependent adult abuse shall apply to a case of founded 3 14 dependent adult abuse under this section. 3 15 5. The department shall implement the pilot projects by 3 16 January 15, 1999. The department shall submit a report to the 3 17 governor and to the general assembly which provides an 3 18 analysis of the pilot projects by January 15, 2000. The 3 19 legislative council is requested to appoint a legislative 3 20 committee to review the report, following submission of the 3 21 report. The committee shall make recommendations regarding 3 22 the assessment approach, including but not limited to a 3 23 recommendation regarding statewide expansion of the program. 3 24 Sec. 3. NEW SECTION. 235B.1B TRAINING – DEPENDENT ADULT 3 25 ABUSE – EVALUATIONS OR ASSESSMENTS. 3 26 1. The department, in consultation with the department of 3 27 elder affairs, shall establish a program for the training of 3 28 individuals who evaluate or assess reports of dependent adult 3 29 abuse. The program shall address issues including but not 3 30 limited to the aging process, assessment of mental capacity 3 31 and functional abilities, interviewing an elder, interviewing 3 32 a person with a disability, and working with the current 3 33 network of services for elders and persons with disabilities 3 34 to ensure the provision of support services to the dependent 3 35 adult. 4 1 2. An individual who evaluates or assesses reports of 4 2 dependent adult abuse shall attend the training established in 4 3 this section on an annual basis. 4 4 Sec. 4. Section 235B.2, subsections 1 and 4, Code 1997, 4 5 are amended to read as follows: 4 6 1. "Caretaker" means a related or nonrelated person who 4 7 cares for, hasthe responsibility for the protection, care, or4 8 custodyofor control of, has an interest in the financial 4 9 matters of, or stands in a position of trust with a dependent 4 10 adult as a result of assuming the responsibility voluntarily, 4 11 by contract, through employment, or by order of the court. 4 12 4. "Dependent adult" means a person eighteen years of age 4 13 or older who is unable as a result of a physical, mental, or 4 14 other condition to protect the person's own interests or 4 15 unable to adequately performor obtain servicesactivities 4 16 necessary to meet essential human needs, as a result of a4 17physical or mental condition which requires assistance from4 18another, or as defined by departmental rule. 4 19 Sec. 5. Section 235B.2, Code 1997, is amended by adding 4 20 the following new subsection: 4 21 NEW SUBSECTION. 5A. "Elder dependent adult" means an 4 22 individual sixty years of age or older who is a dependent 4 23 adult. 4 24 Sec. 6. NEW SECTION. 235B.21 ENHANCED PENALTY – 4 25 DEPENDENT ADULT ABUSE COMMITTED AGAINST ELDER – FUND 4 26 ESTABLISHED. 4 27 1. A caretaker who commits dependent adult abuse against 4 28 an elder dependent adult is subject to a civil penalty, in 4 29 addition to any other civil or criminal penalty provided for 4 30 the commission of the offense, not to exceed five thousand 4 31 dollars for each violation. 4 32 2. In determining whether to impose the additional penalty 4 33 pursuant to subsection 1 and the amount of the penalty to be 4 34 imposed, the court shall consider all of the following, as 4 35 applicable: 5 1 a. Whether the caretaker's conduct was in willful 5 2 disregard of the rights of the elder dependent adult. 5 3 b. Whether the caretaker knew or should have known that 5 4 the caretaker's conduct was directed to an elder dependent 5 5 adult. 5 6 c. Whether the caretaker's relationship with the elder 5 7 dependent adult was such that the abuse breached a position of 5 8 trust. 5 9 d. Any other factors the court deems appropriate. 5 10 3. An elder dependent adult emergency services fund is 5 11 created in the state treasury as a separate fund to be 5 12 administered by the department. Civil penalties imposed and 5 13 collected under this section shall be deposited in the fund. 5 14 Notwithstanding section 8.33, any unexpended balances in the 5 15 fund at the end of each fiscal year shall be retained in the 5 16 fund. Notwithstanding section 12C.7, subsection 2, interest 5 17 or earnings on investments or time deposits of the moneys in 5 18 the fund shall be credited to the fund. Moneys deposited in 5 19 the fund, subject to appreciation by the general assembly, 5 20 shall be used for the purposes of sections 235B.17 through 5 21 235B.19. 5 22 EXPLANATION 5 23 This bill establishes provisions relating to the protection 5 24 of and the provision of safe living environments for certain 5 25 persons including dependent adults. The bill provides for a 5 26 deviation from accessibility, for persons with disabilities to 5 27 buildings and facilities requirements relating to existing 5 28 buildings, if the deviation does not present an unreasonable 5 29 degree of changes. The bill defines the authority having 5 30 jurisdiction over assisted living programs for the purpose of 5 31 this section as the department of elder affairs. 5 32 The bill establishes pilot projects for the development and 5 33 administration of an assessment-based approach to respond to 5 34 reports of dependent adult abuse. The approach is to be 5 35 developed by the department of human services in consultation 6 1 with the department of elder affairs and the governor's 6 2 planning council for developmental disabilities, and in 6 3 cooperation with the appropriate representatives of the 6 4 multidisciplinary teams, case management programs, long-term 6 5 care providers, and area agencies on aging. The pilot 6 6 projects are to be established in not more than five areas of 6 7 the state, both rural and urban, which have existing case 6 8 management programs. The bill specifies the actions to be 6 9 taken under the assessment-based approach and the results of 6 10 certain determinations made following an assessment. The 6 11 pilot projects are to be implemented by January 15, 1999, with 6 12 an analysis of the projects submitted to the governor and the 6 13 general assembly by January 15, 2000. The bill also provides 6 14 that the legislative council is requested to appoint a 6 15 legislative committee to review the report and to include 6 16 recommendations based upon the report, including a 6 17 recommendation relating to statewide expansion of the 6 18 assessment-based approach. 6 19 The bill also redefines the terms "caretaker" and 6 20 "dependent adult" and defines "elder dependent adult" for the 6 21 purposes of the dependent adult abuse chapter. 6 22 The bill instructs the department of human services in 6 23 consultation with the department of elder affairs to develop a 6 24 training program for individuals who perform evaluations or 6 25 assessments of dependent adult abuse reports and specifies 6 26 issues which should be addressed in the training. The bill 6 27 also requires individuals who perform these evaluations or 6 28 assessments to attend the training established on an annual 6 29 basis. 6 30 The bill establishes an additional civil penalty for the 6 31 commission of dependent adult abuse against an elder and 6 32 provides a list of issues for the court to consider in 6 33 determining whether an additional penalty should be imposed 6 34 and the amount of the penalty. The moneys collected are to be 6 35 deposited in an elder dependent adult emergency services fund 7 1 created in the state treasury and administered by the 7 2 department of human services. The moneys in the fund are to 7 3 be used for the purposes provided under the sections of the 7 4 Code relating to provision of protective and other services to 7 5 elder dependent adults. 7 6 LSB 3999HV 77 7 7 pf/cf/24
Text: HF02524 Text: HF02526 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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