Text: SF02213 Text: SF02215 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 154C.5, subsection 4, Code 2001, is 1 2 amended to read as follows: 1 3 4. To testify in a court hearing concerning matters 1 4 pertaining to the welfare of children or dependent adults as 1 5 defined in section 235B.2. 1 6 Sec. 2. Section 235B.1, unnumbered paragraph 1, Code 2001, 1 7 is amended to read as follows: 1 8 The department shall establish and operate a dependent 1 9 adult abuse services program. The program shall emphasize the 1 10 reporting and evaluation of cases ofabuse of asuspected 1 11 dependent adultwho is unable to protect the adult's own1 12interests or unable to perform activities necessary to meet1 13essential human needsabuse. The program shall include but is 1 14 not limited to: 1 15 Sec. 3. Section 235B.2, subsection 5, paragraph a, 1 16 subparagraph (2), Code Supplement 2001, is amended to read as 1 17 follows: 1 18 (2) The deprivation of the minimum food, shelter, 1 19 clothing, supervision, physical or mental health care,andor 1 20 other care necessary to maintain a dependent adult's life or 1 21 health as a result of the acts or omissions of the dependent 1 22 adult. 1 23 Sec. 4. Section 235B.3, Code Supplement 2001, is amended 1 24 by adding the following new subsections: 1 25 NEW SUBSECTION. 4A. The department shall assess reports 1 26 or referrals of suspected dependent adult abuse. The 1 27 assessment of a report or referral of suspected dependent 1 28 adult abuse shall include interviews with the dependent adult, 1 29 if appropriate, with the alleged perpetrator of the dependent 1 30 adult abuse, and with any person believed to have knowledge of 1 31 the circumstances of the case. 1 32 NEW SUBSECTION. 5A. The department shall inform the 1 33 appropriate county attorneys of any reports of dependent adult 1 34 abuse. 1 35 Sec. 5. Section 235B.3, subsections 5, 6, 7, and 8, Code 2 1 Supplement 2001, are amended to read as follows: 2 2 5. Following the reporting of suspected dependent adult 2 3 abuse, the department of human services or an agency approved 2 4 by the department shall also complete an assessment of 2 5 necessary services and shall make appropriate referrals for 2 6 receipt of these services. The assessment of necessary 2 7 services shall includeinterviews with the dependent adult,2 8and, if appropriate, with the alleged perpetrator of the2 9dependent adult abuse and with any person believed to have2 10knowledge of the circumstances of the casea determination of 2 11 the risk of dependent adult abuse and a determination of the 2 12 services necessary to address the situation. The department 2 13 shall attempt to develop and engage support services to meet 2 14 the needs of the dependent adult, may provide necessary 2 15 protective services, and may establish a sliding fee schedule 2 16 for those persons able to pay a portion of the protective 2 17 services. 2 18 6. Upon a showing of probable cause that a dependent adult 2 19 has been abused, a court may authorize a person, also 2 20 authorized by the department, to make an evaluation, to enter 2 21 the residence of, and to examine the dependent adult. Upon a 2 22 showing of probable cause that a dependent adult has been 2 23 financially exploited, a court may authorize a person, also 2 24 authorized by the department, to make an evaluation, and to 2 25 gain access to the financial records of the dependent adult. 2 267. The department shall inform the appropriate county2 27attorneys of any reports of dependent adult abuse. The2 28 a. In performing the evaluation, the department may 2 29 request information from any person believed to have knowledge 2 30 of a case of dependent adult abuse. The person, including but 2 31 not limited to a county attorney, a law enforcement agency, a 2 32 multidisciplinary team, a social services agency in the state, 2 33 or any person who is required pursuant to subsection 2 to 2 34 report dependent adult abuse, whether or not the person made 2 35 the specific dependent adult abuse report, shall cooperate and 3 1 assist in the evaluation upon the request of the department. 3 2 If the department'sassessmentevaluation reveals that 3 3 dependent adult abuse exists which might constitute a criminal 3 4 offense, a report shall be made to the appropriate law 3 5 enforcement agency. County attorneys and appropriate law 3 6 enforcement agencies shall also take any other lawful action 3 7 necessary or advisable for the protection of the dependent 3 8 adult. 3 9a.b. If, upon completion of the evaluation or upon 3 10 referral from the department of inspections and appeals, the 3 11 department determines that the best interests of the dependent 3 12 adult require court action, the department shall initiate 3 13 action for the appointment of a guardian or conservator or for 3 14 admission or commitment to an appropriate institution or 3 15 facility pursuant to the applicable procedures under chapter 3 16 125, 222, 229, or 633, or shall pursue other remedies provided 3 17 by law. The appropriate county attorney shall assist the 3 18 department in the preparation of the necessary papers to 3 19 initiate the action and shall appear and represent the 3 20 department at all district court proceedings. 3 21b.c. The department shall assist the court during all 3 22 stages of court proceedings involving a suspected case of 3 23 dependent adult abuse. 3 24c.d. In every case involving abuse which is substantiated 3 25 by the department and which results in a judicial proceeding 3 26 on behalf of the dependent adult, legal counsel shall be 3 27 appointed by the court to represent the dependent adult in the 3 28 proceedings. The court may also appoint a guardian ad litem 3 29 to represent the dependent adult if necessary to protect the 3 30 dependent adult's best interests. The same attorney may be 3 31 appointed to serve both as legal counsel and as guardian ad 3 32 litem. Before legal counsel or a guardian ad litem is 3 33 appointed pursuant to this section, the court shall require 3 34 the dependent adult and any person legally responsible for the 3 35 support of the dependent adult to complete under oath a 4 1 detailed financial statement. If, on the basis of that 4 2 financial statement, the court deems that the dependent adult 4 3 or the legally responsible person is able to bear all or a 4 4 portion of the cost of the legal counsel or guardian ad litem, 4 5 the court shall so order. In cases where the dependent adult 4 6 or the legally responsible person is unable to bear the cost 4 7 of the legal counsel or guardian ad litem, the expense shall 4 8 be paid by the county. 4 98.7. A person, including a multidisciplinary team or an 4 10 agency, participating in good faith in reporting or 4 11 cooperating with or assisting the department in evaluating a 4 12 case of dependent adult abuse has immunity from liability, 4 13 civil or criminal, which might otherwise be incurred or 4 14 imposed based upon the act of making the reportor giving the, 4 15 providing assistance to the department, or providing necessary 4 16 services to the dependent adult. The person has the same 4 17 immunity with respect to participating in good faith in a 4 18 judicial proceeding resulting from the report or cooperation 4 19 or assistance or relating to the subject matter of the report, 4 20 cooperation, or assistance. 4 21 Sec. 6. Section 235B.6, subsection 1, Code Supplement 4 22 2001, is amended to read as follows: 4 23 1. Notwithstanding chapter 22, the confidentiality of all 4 24 dependent adult abuse information shall be maintained, except 4 25 as specifically provided by subsections 2 and 3. The identity 4 26 of a reporter of suspected dependent adult abuse shall be 4 27 redacted from any intake forms prior to the forms being 4 28 provided to parties authorized to have access pursuant to this 4 29 section. 4 30 Sec. 7. Section 235B.6, subsection 2, unnumbered paragraph 4 31 1, Code Supplement 2001, is amended to read as follows: 4 32 Access to founded dependent adult abuse informationother4 33than unfounded dependent adult abuse informationis authorized 4 34 only to the following persons: 4 35 Sec. 8. Section 235B.6, subsection 2, paragraph b, Code 5 1 Supplement 2001, is amended by adding the following new 5 2 subparagraphs: 5 3 NEW SUBPARAGRAPH. (6A) An employee of an agency who is 5 4 providing case management or assessment services to an alleged 5 5 victim of dependent adult abuse who has been referred to the 5 6 department of human services for evaluation or assessment. 5 7 NEW SUBPARAGRAPH. (8) The long-term care resident's 5 8 advocate established pursuant to section 231.41 for the 5 9 purposes of information exchange if the alleged victim resides 5 10 in a long-term care facility or the alleged perpetrator is 5 11 employed by a long-term care facility. 5 12 Sec. 9. Section 235B.6, Code Supplement 2001, is amended 5 13 by adding the following new subsection: 5 14 NEW SUBSECTION. 2A. With the exception of the identity of 5 15 the reporter of the alleged dependent adult abuse, 5 16 departmental staff may waive confidentiality with regard to 5 17 dependent adult abuse information relative to a specific case 5 18 in order to provide testimony during a court proceeding. 5 19 Sec. 10. Section 235B.9, subsection 2, Code 2001, is 5 20 amended to read as follows: 5 21 2. Dependent adult abuse information whichcannot be5 22determined by a preponderance of the evidence to be founded or5 23unfounded shall be expunged one year after the receipt of the5 24initial report of abuse and dependent adult abuse information5 25whichis determined by a preponderance of the evidence to be 5 26 unfounded shall be expungedimmediately when it is determined5 27to be unfoundedone year after the receipt of the initial 5 28 report. 5 29 Sec. 11. Section 235B.16, subsection 5, paragraph e, Code 5 30 Supplement 2001, is amended by striking the paragraph. 5 31 Sec. 12. Section 235B.17, Code 2001, is amended to read as 5 32 follows: 5 33 235B.17 PROVISION OF PROTECTIVE SERVICES WITH THE CONSENT 5 34 OF DEPENDENT ADULT – CARETAKER REFUSAL. 5 35 If acaretaker of adependent adult, whoconsents to the 6 1 receipt of protective services, but a caretaker refuses to 6 2 allow or interferes with the provision of the services, the 6 3 department may petition the court for an order enjoining the 6 4 caretaker from interfering with the provision of services. 6 5 The petition shall allege specific facts sufficient to 6 6 demonstrate that the dependent adult is in need of protective 6 7 services and consents to the provision of services and that 6 8 the caretaker refuses to allow provision of the services. If 6 9 the judge finds by clear and convincing evidence that the 6 10 dependent adult is in need of protective services and consents 6 11 to the services and that the caretaker refuses to allow the 6 12 services, the judge may issue an order enjoining the caretaker 6 13 from interfering with the provision of the protective 6 14 services. 6 15 Sec. 13. Section 235B.19, subsection 1, Code 2001, is 6 16 amended to read as follows: 6 17 1. If the department determines that a dependent adult is 6 18 suffering from dependent adult abuse which presents an 6 19 immediate danger to the health or safety of the dependent 6 20 adult, that the dependent adult lacks capacity to consent to 6 21 receive protective services, and that no consent can be 6 22 obtained, the department may petition the district courtwith6 23probate jurisdictionin the county in which the dependent 6 24 adult resides for an emergency order authorizing protective 6 25 services. 6 26 Sec. 14. Section 235B.19, subsection 6, unnumbered 6 27 paragraph 1, Code 2001, is amended to read as follows: 6 28TheIf the department determines that dependent adult abuse 6 29 has occurred and is either ongoing or is likely to reoccur, 6 30 the department may petition the district court in the county 6 31 in which the dependent adult resides for injunctive relief 6 32 against the alleged perpetrator. The petition shall conform 6 33 to the requirements of subsection 2 and shall specify the 6 34 relief sought. Upon finding that dependent adult abuse has 6 35 occurred and that the abuse is either ongoing or likely to 7 1 reoccur, the court mayalsoenter temporary orders as may be 7 2 appropriate to third persons enjoining them from specific 7 3 conduct.The orders may include temporary restraining orders7 4which impose criminal sanctions if violated.In instances of 7 5 self-denial of critical care, the court may enter temporary 7 6 orders authorizing the provision of support services to the 7 7 dependent adult. Temporary orders entered pursuant to this 7 8 subsection shall remain in effect for a period of thirty days 7 9 from the date of entry, unless extended by the court for good 7 10 cause. Third parties enjoined under this subsection shall be 7 11 provided proper notice of the court order. The court may 7 12 enjoin third persons from specified actions including but not 7 13 limited to any of the following: 7 14 EXPLANATION 7 15 This bill relates to dependent adult abuse. The bill 7 16 provides that the dependent adult abuse services program is to 7 17 emphasize the reporting and evaluation of cases of suspected 7 18 dependent adult abuse. 7 19 The bill provides that reports and referrals of suspected 7 20 dependent adult abuse are to be assessed by the department of 7 21 human services. The assessment is to include interviews with 7 22 the dependent adult, and, if appropriate, with the alleged 7 23 perpetrator of the dependent adult abuse, and with any person 7 24 believed to have knowledge of the circumstances of the case. 7 25 Additionally, following the report of the suspected dependent 7 26 adult abuse, the department of human services or an agency 7 27 approved by the department is to complete an assessment of the 7 28 necessary services and make appropriate referrals for 7 29 services. The assessment of necessary services is to include 7 30 a determination of the risk of dependent adult abuse and a 7 31 determination of the services necessary to address the 7 32 situation. The department is directed to attempt to develop 7 33 and engage support services to meet the needs of the dependent 7 34 adult. The bill specifies that persons, including a 7 35 multidisciplinary team or an agency, participating in good 8 1 faith in reporting or cooperating with or assisting the 8 2 department in evaluating a case of dependent adult abuse have 8 3 immunity from liability, civil or criminal, which might 8 4 otherwise be incurred or imposed based upon the act of making 8 5 the report, providing assistance to the department, or 8 6 providing necessary services to the dependent adult. 8 7 The bill provides that the identity of a reporter of 8 8 suspected dependent adult abuse shall be redacted from any 8 9 intake forms prior to the forms being provided to parties 8 10 authorized to have access to the information. The bill also 8 11 provides that access to founded dependent adult abuse 8 12 information, rather than to information other than unfounded 8 13 dependent adult abuse information, is authorized to the 8 14 persons specified. 8 15 Under the bill an employee of an agency who is providing 8 16 case management or assessment services to an alleged victim of 8 17 dependent adult abuse is allowed access to founded dependent 8 18 adult abuse information. Additionally, the bill provides such 8 19 access to the long-term care resident's advocate for the 8 20 purposes of information exchange if the alleged victim resides 8 21 in a long-term care facility or the alleged perpetrator is 8 22 employed by a long-term care facility. 8 23 With regard to the confidentiality of dependent adult abuse 8 24 information, the bill provides that with the exception of the 8 25 identity of the reporter of the alleged dependent adult abuse, 8 26 departmental staff may waive confidentiality with regard to 8 27 dependent adult abuse information relative to a specific case 8 28 in order to provide testimony during a court proceeding. 8 29 Currently, dependent adult abuse information which cannot 8 30 be determined by a preponderance of the evidence to be founded 8 31 or unfounded is expunged one year after the receipt of the 8 32 initial report of abuse, and dependent adult abuse information 8 33 which is determined by a preponderance of the evidence to be 8 34 unfounded is expunged immediately upon a determination that it 8 35 is unfounded. Under the bill, dependent adult abuse 9 1 information that is determined by a preponderance of the 9 2 evidence to be unfounded is expunged one year after the 9 3 receipt of the initial report. 9 4 The bill eliminates a provision that allows a person who is 9 5 required to complete both child abuse and dependent adult 9 6 abuse mandatory reporter training to complete the training 9 7 through a combined program that provides two hours of training 9 8 and is approved by the department of human services. Under 9 9 the bill the mandatory reporter would be required to complete 9 10 training that is specifically related to identification and 9 11 reporting of dependent adult abuse separately from training 9 12 that combines both dependent adult abuse and child abuse 9 13 information. 9 14 The bill provides that if a dependent adult consents to 9 15 receipt of protective services, but the caretaker of the 9 16 dependent adult refuses to allow or interferes with the 9 17 provision of protective services, the department may petition 9 18 the court for injunctive relief against the caretaker. 9 19 Under the bill, if the department determines that dependent 9 20 adult abuse has occurred and that the abuse is either ongoing 9 21 or likely to reoccur, the department may petition the district 9 22 court for injunctive relief against the perpetrator. If the 9 23 court finds that the abuse is either ongoing or likely to 9 24 reoccur, the court may enter temporary orders to enjoin third 9 25 persons from specific conduct. If the situation is based on 9 26 self-denial of critical care, the court may enter temporary 9 27 orders for the provision of support services. The temporary 9 28 orders are effective for 30 days from the date of entry, 9 29 unless the court extends the order for good cause. The bill 9 30 directs that third parties are to be provided notice of the 9 31 court order. 9 32 The bill makes a conforming change in the social work code 9 33 chapter (154C) to provide that a licensed social worker or a 9 34 person working under a licensed social worker shall not 9 35 disclose or be compelled to disclose information acquired in a 10 1 professional capacity, except to testify in court concerning 10 2 the welfare of dependent adults. 10 3 Existing penalties relating to violation of provisions 10 4 relating to dependent adult abuse information apply to the 10 5 bill. The penalties include civil remedies for disseminating 10 6 or requesting and receiving dependent adult abuse information 10 7 in violation of the chapter. The civil remedies include 10 8 actual and exemplary damages, court costs, and attorney fees, 10 9 and in no case are damages to be in an amount less than $500. 10 10 Criminal penalties provide that a person who willfully 10 11 requests, obtains, or seeks to obtain dependent adult abuse 10 12 information under false pretenses, a person who willfully 10 13 communicates or seeks to communicate dependent adult abuse 10 14 information to any person except as provided under law, or a 10 15 person connected with authorized research who willfully 10 16 falsifies dependent adult abuse information or records of the 10 17 information is guilty of a serious misdemeanor. A serious 10 18 misdemeanor is punishable by confinement for no more than one 10 19 year and a fine of at least $250 but not more than $1,500. 10 20 Additionally, a person who knowingly, but without criminal 10 21 purpose, communicates or seeks to communicate dependent adult 10 22 abuse information except as provided by law, is guilty of a 10 23 simple misdemeanor. A simple misdemeanor is punishable by 10 24 confinement for no more than 30 days or a fine of at least $50 10 25 but not more than $500 or by both. 10 26 LSB 5775SS 79 10 27 pf/sh/8.1
Text: SF02213 Text: SF02215 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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