Text: S03222                            Text: S03224
Text: S03200 - S03299                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

Senate Amendment 3223

Amendment Text

PAG LIN
  1  1    Amend Senate File 416, as amended, passed, and
  1  2 reprinted by the Senate, as follows:
  1  3    #1.  By striking everything after the enacting
  1  4 clause and inserting the following:
  1  5    "Section 1.  NEW SECTION.  231.56A  ELDER ABUSE
  1  6 EMERGENCY SHELTER AND SUPPORT SERVICES PROJECTS.
  1  7    1.  Through the state's service contract process
  1  8 adopted pursuant to section 8.47, the department shall
  1  9 identify area agencies on aging that have demonstrated
  1 10 the ability to provide a collaborative response to the
  1 11 immediate needs of elders in the area agency on aging
  1 12 service area for the purpose of implementing elder
  1 13 abuse emergency shelter and support services projects.
  1 14 The projects shall be implemented only in the counties
  1 15 within an area agency on aging service area that have
  1 16 a multidisciplinary team established pursuant to
  1 17 section 235B.1.
  1 18    2.  The target population of the projects shall be
  1 19 any elder residing in the service area of an area
  1 20 agency on aging who meets both of the following
  1 21 conditions:
  1 22    a.  Is the subject of a report of suspected
  1 23 dependent adult abuse pursuant to chapter 235B.
  1 24    b.  Is not receiving assistance under a county
  1 25 management plan approved pursuant to section 331.439.
  1 26    3.  The area agencies on aging implementing the
  1 27 projects shall identify allowable emergency shelter
  1 28 and support services, state funding, outcomes,
  1 29 reporting requirements, and approved community
  1 30 resources from which services may be obtained under
  1 31 the projects.  The area agency on aging shall identify
  1 32 at least one provider of case management services for
  1 33 the project area.
  1 34    4.  The area agencies on aging shall implement the
  1 35 projects and shall coordinate the provider network
  1 36 through the use of referrals or other engagement of
  1 37 community resources to provide services to elders.
  1 38    5.  The department shall award funds to the area
  1 39 agencies on aging in accordance with the state's
  1 40 service contract process.  Receipt and expenditures of
  1 41 moneys under the projects are subject to examination,
  1 42 including audit, by the department.
  1 43    6.  This section shall not be construed and is not
  1 44 intended as, and shall not imply, a grant of
  1 45 entitlement for services to individuals who are not
  1 46 otherwise eligible for the services or for utilization
  1 47 of services that do not currently exist or are not
  1 48 otherwise available.
  1 49    Sec. 2.  Section 235B.3, subsection 5, Code 2003,
  1 50 is amended to read as follows:
  2  1    5.  Following the reporting of suspected dependent
  2  2 adult abuse, the department of human services or an
  2  3 agency approved by the department shall complete an
  2  4 assessment of necessary services and shall make
  2  5 appropriate referrals for receipt of these services.
  2  6 The assessment shall include interviews with the
  2  7 dependent adult, and, if appropriate, with the alleged
  2  8 perpetrator of the dependent adult abuse and with any
  2  9 person believed to have knowledge of the circumstances
  2 10 of the case.  The department may provide necessary
  2 11 protective services and may establish a sliding fee
  2 12 schedule for those persons able to pay a portion of
  2 13 the protective services.
  2 14    Sec. 3.  Section 235B.6, subsection 2, paragraph c,
  2 15 Code 2003, is amended by adding the following new
  2 16 subparagraph:
  2 17    NEW SUBPARAGRAPH.  (8)  An employee of an agency
  2 18 requested by the department to provide case management
  2 19 or other services to the dependent adult.
  2 20    Sec. 4.  Section 235B.6, subsection 2, paragraph e,
  2 21 Code 2003, is amended by adding the following new
  2 22 subparagraph:
  2 23    NEW SUBPARAGRAPH.  (10)  The long-term care
  2 24 resident's advocate if the victim resides in a long-
  2 25 term care facility or the alleged perpetrator is an
  2 26 employee of a long-term care facility.
  2 27    Sec. 5.  Section 235B.6, subsection 3, Code 2003,
  2 28 is amended to read as follows:
  2 29    3.  Access to unfounded dependent adult abuse
  2 30 information is authorized only to those persons
  2 31 identified in subsection 2, paragraph "a", paragraph
  2 32 "b", subparagraphs (2), (5), and (6), and paragraph
  2 33 "e", subparagraph subparagraphs (2) and (10).
  2 34    Sec. 6.  Section 235B.9, subsections 1, 2, and 3,
  2 35 Code 2003, are amended to read as follows:
  2 36    1.  Dependent adult abuse information relating to a
  2 37 particular case of suspected dependent adult abuse
  2 38 which is determined by a preponderance of the evidence
  2 39 to be founded, shall be sealed ten years after the
  2 40 receipt of the initial report of such abuse by the
  2 41 registry unless good cause is shown why the
  2 42 information should remain open to authorized access.
  2 43 If a subsequent report of a suspected case of founded
  2 44 dependent adult abuse involving the adult named in the
  2 45 initial report as the victim of abuse or a person
  2 46 named in such report as having abused an adult is
  2 47 received by the registry within the ten-year period,
  2 48 the information shall be sealed ten years after
  2 49 receipt of the subsequent report unless good cause is
  2 50 shown why the information should remain open to
  3  1 authorized access.
  3  2    2.  Dependent adult abuse information which cannot
  3  3 be determined by a preponderance of the evidence to be
  3  4 founded or unfounded shall be expunged one year after
  3  5 the receipt of the initial report of abuse and
  3  6 dependent adult abuse information which is determined
  3  7 by a preponderance of the evidence to be unfounded
  3  8 shall be expunged immediately when one year from the
  3  9 date it is determined to be unfounded.
  3 10    3.  However, if a correction of dependent adult
  3 11 abuse information is requested under section 235B.10
  3 12 and the issue is not resolved at the end of one year
  3 13 the information shall be retained until the issue is
  3 14 resolved and if the dependent adult abuse information
  3 15 is not determined to be founded, the information shall
  3 16 be expunged immediately when one year from the date it
  3 17 is determined to be unfounded."
  3 18    #2.  Title page, line 1, by striking the words "to
  3 19 an" and inserting the following:  "to dependent adult
  3 20 abuse including elder abuse".
  3 21    #3.  Title page, by striking line 2 and inserting
  3 22 the following:  "projects".  
  3 23 SF 416H
  3 24 pf/es/25
     

Text: S03222                            Text: S03224
Text: S03200 - S03299                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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