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PAG LIN 1 1 Section 1. NEW SECTION. 231.56A EMERGENCY SHELTER AND 1 2 SUPPORT SERVICES – DEMONSTRATION PROJECTS. 1 3 1. The department shall identify at least one area agency 1 4 on aging that has demonstrated the ability to provide a 1 5 collaborative response to the immediate needs of elders in the 1 6 area agency on aging service area to implement an emergency 1 7 shelter and support services demonstration project. The 1 8 demonstration project shall be implemented only in the 1 9 counties within an area agency on aging service area that have 1 10 a multidisciplinary team recognized by the department as 1 11 provided in chapter 235B. 1 12 2. The target population of a demonstration project shall 1 13 be any elder residing in the service area of the area agency 1 14 on aging who meets both of the following conditions: 1 15 a. Is the subject of a report of suspected dependent adult 1 16 abuse pursuant to chapter 235B. 1 17 b. Is not receiving assistance under a county management 1 18 plan approved pursuant to section 331.439. 1 19 3. An area agency on aging implementing a demonstration 1 20 project shall identify allowable emergency shelter and support 1 21 services, state funding, outcomes, reporting requirements, and 1 22 approved community resources from which services may be 1 23 obtained under the demonstration project. The area agency on 1 24 aging shall identify at least one provider of case management 1 25 services for the project area. The area agency on aging shall 1 26 also act as the fiscal agent for the project. 1 27 4. The multidisciplinary team for an area agency on aging 1 28 implementing a demonstration project shall provide oversight 1 29 for the project and shall coordinate the provider network 1 30 through the use of referrals or other engagement of community 1 31 resources to provide services to elders. 1 32 5. Moneys received by an area agency on aging for a 1 33 demonstration project shall be deposited in a separate 1 34 designated services account. The account may also contain 1 35 other grant moneys, private contributions, and any other 2 1 source of funding. State moneys received for demonstration 2 2 projects that remain unencumbered or unobligated at the close 2 3 of the fiscal year shall remain available to be used to 2 4 benefit the target population in the succeeding fiscal year. 2 5 Receipt and expenditures of moneys under a project are subject 2 6 to examination, including audit, by the department. 2 7 6. This section shall not be construed and is not intended 2 8 as, and shall not imply a grant of entitlement for services to 2 9 individuals who are not otherwise eligible for the services or 2 10 for utilization of services that do not currently exist or are 2 11 not otherwise available. 2 12 Sec. 2. Section 235B.1, unnumbered paragraph 1, Code 2003, 2 13 is amended to read as follows: 2 14 The department shall establish and operate a dependent 2 15 adult abuse services program. The program shall emphasize the 2 16 reporting and evaluation of cases ofabuse of asuspected 2 17 dependent adultwho is unable to protect the adult's own2 18interests or unable to perform activities necessary to meet2 19essential human needsabuse. The program shall include but is 2 20 not limited to: 2 21 Sec. 3. Section 235B.1, subsections 1 through 3, Code 2 22 2003, are amended to read as follows: 2 23 1. The establishment of local or regional 2 24 multidisciplinary teams to assist in assessing the needs of, 2 25 formulating and monitoring a treatment plan for, and 2 26 coordinating services to victims and potential victims of 2 27 dependent adult abuse. The membership of a team shall include 2 28 individuals who possess knowledge and skills related to the 2 29 diagnosis, assessment, and disposition of dependent adult 2 30 abuse cases and who are professionals practicing in the 2 31 disciplines of medicine, public health, mental health, social 2 32 work, law, law enforcement, or other disciplines relative to 2 33 dependent adults. Members of a team shall include, but are 2 34 not limited to, persons representing the area agencies on 2 35 aging, county attorneys, health care providers, and other 3 1 persons involved in advocating or providing services to 3 2 dependent adults. 3 3 2. Provisionsforauthorizing information sharingand case3 4consultationconcerning the assessment and service needs of 3 5 victims or potential victims of dependent adult abuse among 3 6 the department, multidisciplinary teams, area agencies on 3 7 aging, the department of inspections and appeals, service 3 8 providers, and care providers, and victims of dependent adult3 9abuse. 3 103. Procedures for referral of cases among service3 11providers, including the referral of victims of dependent3 12adult abuse residing in licensed health care facilities.3 13 Sec. 4. Section 235B.2, subsections 1 and 4, Code 2003, 3 14 are amended to read as follows: 3 15 1. "Caretaker" means a related or nonrelated person who 3 16 has the responsibility for the protection, care, or custody of 3 17 a dependent adult as a result of assuming the responsibility 3 18 voluntarily, by contract, through employment, or by order of 3 19 the court. "Caretaker" also includes a person who stands in 3 20 relationship to a dependent adult such that there is an 3 21 expectation of trust or the ability to influence the decisions 3 22 of the dependent adult and such that the actions of the person 3 23 may result in dependent adult abuse. 3 24 4. "Dependent adult" meansaany of the following: 3 25 a. A person eighteen years of age or older who, without 3 26 assistance, is unable to protect the person's own interests or 3 27 unable to adequately perform or obtain services necessary to 3 28 meet essential human needs, as a result of a physical or 3 29 mental condition.which requires assistance from another, or3 30as3 31 b. A person certified for residency in a health care 3 32 facility as defined in section 135C.1. 3 33 c. A "dependent adult" as defined by departmental rule. 3 34 Sec. 5. Section 235B.2, subsection 5, paragraph a, 3 35 subparagraphs (1) and (2), Code 2003, are amended to read as 4 1 follows: 4 2 (1) Any of the following as a result of the willful or 4 3 negligent acts or omissions of a caretaker: 4 4 (a) Physical injury to, or injury which is at a variance 4 5 with the history given of the injury, or unreasonable 4 6 confinement, unreasonable punishment, or assault of a 4 7 dependent adult. 4 8 (b) The commission of a sexual offense under chapter 709 4 9 or section 726.2 with or against a dependent adult. 4 10 (c) Exploitation of a dependent adult which means the act 4 11 or process of taking unfair advantage of a dependent adult or 4 12 the adult's physical or financial resources for one's own 4 13 personal or pecuniary profit, without the informed consent of 4 14 the dependent adult, including theft, by the use of undue 4 15 influence, harassment, duress, deception, false 4 16 representation, or false pretenses. 4 17 (d) The deprivation of the minimum food, shelter, 4 18 clothing, supervision, physical or mental health care, or 4 19 other care necessary to maintain a dependent adult's life or 4 20 health. 4 21 (e) The deliberate infliction of emotional or 4 22 psychological abuse on a dependent adult by means of repeated 4 23 oral, written, or gestured language intended to cause fear, 4 24 intimidation, alarm, agitation, confusion, humiliation, or 4 25 other serious emotional distress. 4 26 (2)The deprivation of the minimum food, shelter,4 27clothing, supervision, physical or mental health care, and4 28other care necessary to maintain a dependent adult's life or4 29health as a result of the acts or omissions of theSelf-denial 4 30 of critical care by a dependent adult or by an at-risk older 4 31 adult. 4 32 Sec. 6. Section 235B.2, Code 2003, is amended by adding 4 33 the following new subsections: 4 34 NEW SUBSECTION. 0A. "At-risk older adult" means an 4 35 individual sixty years of age or older who is not able or 5 1 willing to adequately maintain the individual's self in an 5 2 independent living arrangement. 5 3 NEW SUBSECTION. 12A. "Self-denial of critical care" means 5 4 living without the minimum food, shelter, clothing, 5 5 supervision, physical or mental health care, or other care 5 6 necessary to maintain a dependent adult's or at-risk older 5 7 adult's life or health as a result of the acts or omissions of 5 8 the dependent adult or at-risk older adult. 5 9 Sec. 7. Section 235B.3, subsection 1, Code 2003, is 5 10 amended to read as follows: 5 11 1. The department shall receive reports of suspected 5 12 dependent adult abusereportsand shall collect, maintain, and 5 13 disseminate the reports by establishing a central registry for 5 14 dependent adult abuse information. The department shall 5 15 evaluate the reports expeditiously. However, the department 5 16 of inspections and appeals is solely responsible for the 5 17 evaluation and disposition of suspected dependent adult abuse 5 18 cases within health care facilities and shall inform the 5 19 department of human services of such evaluations and 5 20 dispositions. 5 21 Reports of suspected dependent adult abuse which is the 5 22 result ofthe acts or omissions of the dependent adultself- 5 23 denial of critical care shall be collected and maintained in 5 24 the files of thedependent adultsubject of the report as 5 25 assessments only and shall not be included in the central 5 26 registry. 5 27 Sec. 8. Section 235B.3, subsection 2, paragraph c, 5 28 unnumbered paragraph 1, Code 2003, is amended to read as 5 29 follows: 5 30 A person who, in the course of employment, examines, 5 31 attends, counsels, or treats a dependent adult or an at-risk 5 32 older adult and reasonably believes the dependent adult or at- 5 33 risk older adult has suffered abuse, including: 5 34 Sec. 9. Section 235B.3, subsection 3, paragraph b, Code 5 35 2003, is amended to read as follows: 6 1 b. The employer or supervisor of a person who is required 6 2 to or may make a report pursuant to this section shall not 6 3 apply a policy, work rule, or other requirement that 6 4 interferes with the person making a report of suspected 6 5 dependent adult abuse or that results in the failure of 6 6 another person to make the report. 6 7 Sec. 10. Section 235B.3, subsections 4, 5, 7, 8, and 10, 6 8 Code 2003, are amended to read as follows: 6 9 4. a. Any other person who believes thata dependent6 10adult has sufferedan individual is the victim or potential 6 11 victim of dependent adult abuse may report the suspected abuse 6 12 to the department of human services. 6 13 b. A financial institution may report cases of suspected 6 14 financial exploitation to the department. 6 15 5. Following the reporting of suspected dependent adult 6 16 abuse, the department of human services or an agency approved 6 17 by the department shall complete an assessment ofnecessary6 18services and shall make appropriate referrals for receipt of6 19these services. The assessment shall include interviews with6 20the dependent adult, and, if appropriate, with the alleged6 21perpetrator of the dependent adult abuse and with any person6 22believed to have knowledge of the circumstances of the case6 23 the individual who is the subject of the report. The 6 24 department may provide necessaryprotectiveemergency shelter 6 25 and support services and may establish a sliding fee schedule 6 26 for those persons able to pay a portion of theprotectivecost 6 27 of the services. If the department does not provide services, 6 28 the department may make referrals to a multidisciplinary team, 6 29 an area agency on aging, or a public or private agency with 6 30 the ability to develop a service plan and to coordinate the 6 31 delivery of services. 6 32 7. The department shall inform the appropriate county 6 33 attorneys of any reports of suspected dependent adult abuse. 6 34 The department may request information from any person 6 35 believed to have knowledge of a case of suspected dependent 7 1 adult abuse. The person, including but not limited to a 7 2 county attorney, a law enforcement agency, a multidisciplinary 7 3 team, a social services agency in the state, or any person who 7 4 is required pursuant to subsection 2 to report suspected 7 5 dependent adult abuse, whether or not the person made the 7 6 specific dependent adult abuse report, shall cooperate and 7 7 assist in the evaluation upon the request of the department. 7 8 If the department's assessment reveals that dependent adult 7 9 abuse exists which might constitute a criminal offense, a 7 10 report shall be made to the appropriate law enforcement 7 11 agency. County attorneys and appropriate law enforcement 7 12 agencies shall also take any other lawful action necessary or 7 13 advisable for the protection of the dependent adult. 7 14 a. If, upon completion of the evaluation or upon referral 7 15 from the department of inspections and appeals, the department 7 16 determines that the best interests of the dependent adult or 7 17 at-risk older adult require court action, the department shall 7 18 initiate action for the appointment of a guardian or 7 19 conservator or for admission or commitment to an appropriate 7 20 institution or facility pursuant to the applicable procedures 7 21 under chapter 125, 222, 229, or 633, or shall pursue other 7 22 remedies provided by law. The appropriate county attorney 7 23 shall assist the department in the preparation of the 7 24 necessary papers to initiate the action and shall appear and 7 25 represent the department at all district court proceedings. 7 26 b. The department shall assist the court during all stages 7 27 of court proceedings involving a suspected case of dependent 7 28 adult abuse. 7 29 c. In every case involving dependent adult abuse which is 7 30 substantiated by the department and which results in a 7 31 judicial proceeding on behalf of the dependent adult, legal 7 32 counsel shall be appointed by the court to represent the 7 33 dependent adult or at-risk older adult in the proceedings. 7 34 The court may also appoint a guardian ad litem to represent 7 35 the dependent adult or at-risk older adult if necessary to 8 1 protect the dependent adult's or at-risk older adult's best 8 2 interests. The same attorney may be appointed to serve both 8 3 as legal counsel and as guardian ad litem. Before legal 8 4 counsel or a guardian ad litem is appointed pursuant to this 8 5 section, the court shall require the dependent adult or at- 8 6 risk older adult and any person legally responsible for the 8 7 support of the dependent adult or at-risk older adult to 8 8 complete under oath a detailed financial statement. If, on 8 9 the basis of that financial statement, the court deems that 8 10 the dependent adult, the at-risk older adult, or the legally 8 11 responsible person is able to bear all or a portion of the 8 12 cost of the legal counsel or guardian ad litem, the court 8 13 shall so order. In cases where the dependent adult, the at- 8 14 risk older adult, or the legally responsible person is unable 8 15 to bear the cost of the legal counsel or guardian ad litem, 8 16 the expense shall be paid by the county. 8 17 8. A person participating in good faith in reporting a 8 18 case of suspected dependent adult abuse or cooperating with or 8 19 assisting the department in evaluating a case of dependent 8 20 adult abuse has immunity from liability, civil or criminal, 8 21 which might otherwise be incurred or imposed based upon the 8 22 act of making the report,orgivingtheassistance to the 8 23 department, or providing services to the subject of the 8 24 report. Theperson has thesame immunity shall apply with 8 25 respect to participating in good faith in a judicial 8 26 proceeding resulting from the report or cooperation or 8 27 assistance or relating to the subject matter of the report, 8 28 cooperation, or assistance. 8 29 10. A person required by this section to report a 8 30suspectedcase of suspected dependent adult abuse who 8 31 knowingly and willfully fails to do so commits a simple 8 32 misdemeanor. A person required by this section to report a 8 33suspectedcase of suspected dependent adult abuse who 8 34 knowingly fails to do so or who knowingly, in violation of 8 35 subsection 3, interferes with the making of such a report or 9 1 applies a requirement that results in such a failure is 9 2 civilly liable for the damages proximately caused by the 9 3 failure. 9 4 Sec. 11. Section 235B.5, subsection 6, Code 2003, is 9 5 amended to read as follows: 9 6 6. The registry, upon receipt of a report of suspected 9 7 dependent adult abuse, shall search the records of the 9 8 registry, and if the records of the registry reveal any 9 9 previous report of dependent adult abuse involving the same 9 10 dependent adult or if the records reveal any other pertinent 9 11 information with respect to the same dependent adult, the 9 12 appropriate office of the department of human services or the 9 13 appropriate law enforcement agency shall be immediately 9 14 notified of that fact. 9 15 Sec. 12. Section 235B.6, subsection 1, Code 2003, is 9 16 amended to read as follows: 9 17 1. Notwithstanding chapter 22, the confidentiality of all 9 18 suspected dependent adult abuse information shall be 9 19 maintained, except as specifically provided by subsections 2 9 20 and 3. 9 21 Sec. 13. Section 235B.6, subsection 2, unnumbered 9 22 paragraph 1, Code 2003, is amended to read as follows: 9 23 Access to dependent adult abuse informationother than9 24unfounded dependent adult abuse informationconcerning founded 9 25 dependent adult abuse is authorized only to the following 9 26 persons: 9 27 Sec. 14. Section 235B.6, subsection 2, paragraph c, Code 9 28 2003, is amended by adding the following new subparagraph: 9 29 NEW SUBPARAGRAPH. (8) An employee of an agency requested 9 30 by the department to provide case management or other services 9 31 to the adult. 9 32 Sec. 15. Section 235B.6, subsection 2, paragraph e, Code 9 33 2003, is amended by adding the following new subparagraph: 9 34 NEW SUBPARAGRAPH. (10) The long-term care resident's 9 35 advocate as established in chapter 231, subchapter V, when the 10 1 victim resides in a long-term care facility or when the 10 2 alleged perpetrator is an employee of a long-term care 10 3 facility. 10 4 Sec. 16. Section 235B.6, subsection 3, Code 2003, is 10 5 amended to read as follows: 10 6 3. Access to unfounded dependent adult abuse information 10 7 is authorized only to those persons identified in subsection 10 8 2, paragraph "a", paragraph "b", subparagraphs (2), (5), and 10 9 (6), paragraph "c", subparagraph (8), and paragraph "e", 10 10 subparagraph (2). 10 11 Sec. 17. Section 235B.9, subsections 1, 2, and 3, Code 10 12 2003, are amended to read as follows: 10 13 1. Dependent adult abuse informationrelating to a10 14particular case of suspected dependent adult abusewhich is 10 15 determined by a preponderance of the evidence to be founded 10 16 shall be sealed ten years after the receipt of the initial 10 17 report of such abuse by the registry unless good cause is 10 18 shown why the information should remain open to authorized 10 19 access. If a subsequent report ofa suspected case offounded 10 20 dependent adult abuse involving the adult named in the initial 10 21 report as the victim of abuse or a person named in such report 10 22 as having abused an adult is received by the registry within 10 23 the ten-year period, the information shall be sealed ten years 10 24 after receipt of the subsequent report unless good cause is 10 25 shown why the information should remain open to authorized 10 26 access. 10 27 2. Dependent adult abuse information whichcannot be10 28determined by a preponderance of the evidence to be founded or10 29unfounded shall be expunged one year after the receipt of the10 30initial report of abuse and dependent adult abuse information10 31whichis determined by a preponderance of the evidence to be 10 32 unfounded shall be expungedimmediately when it is determined10 33to be unfoundedone year after the receipt of the initial 10 34 report. 10 35 3. However, if a correction of dependent adult abuse 11 1 information is requested under section 235B.10 and the issue 11 2 is not resolved at the end of one year the information shall 11 3 be retained until the issue is resolved and if the dependent 11 4 adult abuse information is not determined to be founded, the 11 5 information shall be expungedimmediately whenone year from 11 6 the date it is determined to be unfounded. 11 7 Sec. 18. Section 235B.10, subsection 6, Code 2003, is 11 8 amended to read as follows: 11 9 6. In the course of any proceeding provided for by this 11 10 section, the identity of the person who reported the disputed 11 11 information and the identity of any person who has been 11 12 reported as havingabused anperpetrated dependent adult abuse 11 13 on a dependent adult may be withheld upon a determination by 11 14 the registry that disclosure of the person's identity would be 11 15 detrimental to the person's interest. 11 16 Sec. 19. 235B.16, subsection 3, Code 2003, is amended to 11 17 read as follows: 11 18 3. The content of the continuing education required 11 19 pursuant to chapter 272C for a licensed professional providing 11 20 care or service to a dependent adult or at-risk older adult 11 21 shall include, but is not limited to, the responsibilities, 11 22 obligations, powers, and duties of a person regarding the 11 23 reporting of suspected dependent adult abuse, and training to 11 24 aid the professional in identifying instances of dependent 11 25 adult abuse. 11 26 Sec. 20. Section 235B.17, is amended to read as follows: 11 27 235B.17 PROVISION OFPROTECTIVESUPPORT SERVICES WITH THE 11 28 CONSENT OF DEPENDENT ADULT OR AT-RISK OLDER ADULT –CARETAKER11 29REFUSALINTERFERENCE BY THIRD PARTY. 11 30 If acaretaker of adependent adultwho,or at-risk older 11 31 adult consents to the receipt ofprotectiveservices, but a 11 32 third party refuses to allow or interferes with provision of 11 33 the services, the department may petition the district court 11 34 in the county in which the adult resides for an order 11 35 enjoining thecaretakerthird party from interfering with the 12 1 provision of services. The petition shall allege specific 12 2 facts sufficient to demonstrate that the dependent adult or 12 3 at-risk older adult is in need ofprotectivesupport services 12 4 and consents to the provision of services and that the 12 5caretakerthird party refuses to allow provision of the 12 6 services. If the judge finds by clear and convincing evidence 12 7 that thedependentadult is in need ofprotectivesupport 12 8 services and consents to the services and that thecaretaker12 9 third party refuses to allow the services, the judge may issue 12 10 an order enjoining thecaretakerthird party from interfering 12 11 with the provision of theprotectivesupport services. 12 12 Sec. 21. Section 235B.18, Code 2003, is amended to read as 12 13 follows: 12 14 235B.18 PROVISION OF SUPPORT SERVICES TO DEPENDENT ADULT 12 15 OR AT-RISK OLDER ADULT WHO LACKS CAPACITY OR IS OTHERWISE 12 16 UNABLE OR UNWILLING TO CONSENT – HEARING – FINDINGS. 12 17 1. If the department reasonably determines that a 12 18 dependent adult or at-risk older adult is a victim of 12 19 dependent adult abuse and lacks capacity or is otherwise 12 20 unwilling or unable to consent to the receipt ofprotective12 21 support services, the department may petition the district 12 22 court in the county in which the adult resides for an order 12 23 authorizing the provision ofprotectivesupport services. The 12 24 petition shall allege specific facts sufficient to demonstrate 12 25 that the dependent adult or at-risk older adult is in need of 12 26protectivesupport services andlacks capacity tothat any 12 27 attempt to obtain consent to the receipt of services has 12 28 failed. 12 29 2. The court shall set the case for hearing within 12 30 fourteen days of the filing of the petition. Thedependent12 31 adult shall receive at least five days' notice of the hearing. 12 32 The dependent adult or at-risk older adult has the right to be 12 33 present and represented by counsel at the hearing. If the 12 34 dependent adult or at-risk older adult, in the determination 12 35 of the judge, lacks the capacity to waive the right of 13 1 counsel, the court may appoint a guardian ad litem for the 13 2 dependent adult or at-risk older adult. 13 3 3. If, at the hearing, the judge finds by clear and 13 4 convincing evidence that the dependent adult or at-risk older 13 5 adult is in need ofprotectivesupport services and lacks the 13 6 capacity or is otherwise unwilling or unable to consent to the 13 7 receipt ofprotectivesupport services, the judge may issue an 13 8 order authorizing the provision ofprotectivesupport 13 9 services. The order may include the designation of a person 13 10 to be responsible for performing or obtainingprotective13 11 support services on behalf of the dependent adult or at-risk 13 12 older adult or otherwise consenting to the receipt of 13 13protectivesupport services on behalf of the dependent adult 13 14 or at-risk older adult. Within sixty days of the appointment 13 15 of such a person the court shall conduct a review to determine 13 16 if a petition shall be initiated in accordance with section 13 17 633.552 for good cause shown. The court may extend the sixty- 13 18 day period for an additional sixty days, at the end of which 13 19 the court shall conduct a review to determine if a petition 13 20 shall be initiated in accordance with section 633.552. A 13 21 dependent adult or at-risk older adult shall not be committed 13 22 to a mental health facility under this section. 13 23 4. A determination by the court that a dependent adult or 13 24 at-risk older adult lacks the capacity or is otherwise 13 25 unwilling or unable to consent to the receipt ofprotective13 26 support services under this chapter shall not affect 13 27 incompetency proceedings under sections 633.552 through 13 28 633.556 or any other proceedings, and incompetency proceedings 13 29 under sections 633.552 through 633.556 shall not have a 13 30 conclusive effect on the question of capacity to consent to 13 31 the receipt ofprotectivesupport services under this chapter. 13 32 5. This section shall not be construed and is not intended 13 33 as and shall not imply a grant of entitlement for services to 13 34 persons who are not otherwise eligible for the services or for 13 35 utilization of services which do not currently exist or are 14 1 not otherwise available. 14 2 Sec. 22. Section 235B.19, Code 2003, is amended to read as 14 3 follows: 14 4 235B.19 EMERGENCY ORDER FORPROTECTIVESUPPORT SERVICES. 14 5 1. If the department determines that a dependent adult or 14 6 at-risk older adult is suffering from dependent adult abuse 14 7 which presents an immediate danger to the health or safety of 14 8 the dependent adult,or at-risk older adult and that the 14 9 dependent adult or at-risk older adult lacks capacity or is 14 10 otherwise unable or unwilling to consent to receiveprotective14 11 support services,and that no consent can be obtained,the 14 12 department may petition the district courtwith probate14 13jurisdictionin the county in which the dependent adult or at- 14 14 risk older adult resides for an emergency order authorizing 14 15protectivesupport services. 14 16 2. The petition shall be verified and shall include all of 14 17 the following: 14 18 a. The name, date of birth, and address of the dependent 14 19 adult or at-risk older adult who needsprotectivesupport 14 20 services. 14 21 b. The nature of the dependent adult abuse. 14 22 c. The services required. 14 23 3. Upon finding that there is probable cause to believe 14 24 that the dependent adult abuse presents an immediate threat to 14 25 the health or safety of the dependent adult or at-risk older 14 26 adult and that the dependent adult or at-risk older adult 14 27 lacks capacity or is otherwise unwilling or unable to consent 14 28 to the receipt of services, the court may do any of the 14 29 following: 14 30 a. Order removal of the dependent adult or at-risk older 14 31 adult to safer surroundings. 14 32 b. Order the provision of medical services. 14 33 c. Order the provision of other available services 14 34 necessary to remove conditions creating the danger to health 14 35 or safety, including the services of peace officers or 15 1 emergency services personnel. 15 2 4. The emergency order expires at the end of seventy-two 15 3 hours from the time of the order unless the seventy-two-hour 15 4 period ends on a Saturday, Sunday, or legal holiday in which 15 5 event the order is automatically extended to four p.m. on the 15 6 first succeeding business day. An order may be renewed for 15 7 not more than fourteen additional days. A renewal order that 15 8 ends on a Saturday, Sunday, or legal holiday is automatically 15 9 extended to four p.m. on the first succeeding business day. 15 10 The court may modify or terminate the emergency order on the 15 11 petition of the department, the dependent adult or at-risk 15 12 older adult, or any person interested in the dependent adult's 15 13 or at-risk older adult's welfare. 15 14 5. If the department cannot obtain an emergency order 15 15 under this section due to inaccessibility of the court, the 15 16 department may contact law enforcement to remove the dependent 15 17 adult or at-risk older adult to safer surroundings, authorize 15 18 the provision of medical treatment, and order the provision of 15 19 or provide other available services necessary to remove 15 20 conditions creating the immediate danger to the health or 15 21 safety of the dependent adult or at-risk older adult. The 15 22 department shall obtain an emergency order under this section 15 23 not later than four p.m. on the first succeeding business day 15 24 after the date on whichprotectivesupport or other services 15 25 are provided. If the department does not obtain an emergency 15 26 order within the prescribed time period, the department shall 15 27 cease providingprotectivesupport services and, if necessary, 15 28 make arrangements for the immediate return of the person to 15 29 the place from which the person was removed, to the person's 15 30 place of residence in the state, or to another suitable place. 15 31 A person, agency, or institution acting in good faith in 15 32 removing a dependent adult or at-risk older adult or in 15 33 providing services under this subsection, and an employer of 15 34 or person under the direction of such a person, agency, or 15 35 institution, shall have immunity from any liability, civil or 16 1 criminal, that might otherwise be incurred or imposed as the 16 2 result of the removal or provision of services. 16 3 6. The department, upon finding that dependent adult abuse 16 4 has occurred and is either ongoing or is likely to reoccur, 16 5 may petition the district court in the county in which the 16 6 dependent adult or at-risk older adult resides for injunctive 16 7 relief against a third party. The petition shall conform to 16 8 the requirements of subsection 2, and shall specify the relief 16 9 sought. Upon finding that dependent adult abuse has occurred 16 10 and that the abuse is either ongoing or likely to reoccur, the 16 11 court mayalsoenter temporary orders as may be appropriate to 16 12 third persons enjoining them from specific conduct. The 16 13 orders may include temporary restraining orders which impose 16 14 criminal sanctions if violated. Temporary orders entered 16 15 pursuant to this subsection shall remain in effect for a 16 16 period of thirty days from the date of entry unless extended 16 17 for good cause. The court may enjoin third persons from any 16 18 action including but not limited to any of the following: 16 19 a. Removing the dependent adult or at-risk older adult 16 20 from the care or custody of another. 16 21 b. Committing dependent adult abuse on the dependent adult 16 22 or at-risk older adult. 16 23 c. Living at the dependent adult's or at-risk older 16 24 adult's residence. 16 25 d. Contacting the dependent adult or at-risk older adult 16 26 in person or by telephone. 16 27 e. Selling, removing, or otherwise disposing of the 16 28 dependent adult's or at-risk older adult's personal property. 16 29 f. Withdrawing funds from any bank, savings and loan 16 30 association, credit union, or other financial institution, or 16 31 from a stock account in which the dependent adult or at-risk 16 32 older adult has an interest. 16 33 g. Negotiating any instruments payable to the dependent 16 34 adult or at-risk older adult. 16 35 h. Selling, mortgaging, or otherwise encumbering any 17 1 interest that the dependent adult or at-risk older adult has 17 2 in real property. 17 3 i. Exercising any powers on behalf of the dependent adult 17 4 or at-risk older adult through representatives of the 17 5 department, any court-appointed guardian or guardian ad litem, 17 6 or any official acting on the dependent adult's or at-risk 17 7 older adult's behalf. 17 8 j. Engaging in any other specified act which, based upon 17 9 the facts alleged, would constitute harm or a threat of 17 10 imminent harm to the dependent adult or at-risk older adult or 17 11 would cause damage to or the loss of the dependent adult's or 17 12 at-risk older adult's property. 17 13 7. This section shall not be construed and is not intended 17 14 as and shall not imply a grant of entitlement for services to 17 15 persons who are not otherwise eligible for the services or for 17 16 utilization of services which do not currently exist or are 17 17 not otherwise available. 17 18 EXPLANATION 17 19 This bill relates to procedures and services relating to 17 20 dependent adult abuse. 17 21 The bill establishes a process for the initiation of 17 22 emergency shelter and support services demonstration projects 17 23 through the area agencies on aging. The bill describes the 17 24 target population of the demonstration projects, specifies 17 25 requirements for participating area agencies on aging, 17 26 provides that a multidisciplinary team in a service area is to 17 27 provide oversight for the project, and provides that moneys 17 28 received for the demonstration projects are to be deposited in 17 29 a separate designated services fund. 17 30 The bill also amends the focus of the dependent adult abuse 17 31 services program under the department of elder affairs to 17 32 include not only a population target of victims of dependent 17 33 adult abuse, but also potential victims of dependent adult 17 34 abuse. The bill provides that the services program is to 17 35 include authorizing of information sharing concerning the 18 1 assessment and service needs of victims or potential victims 18 2 of dependent adult abuse among various entities rather than 18 3 the provision of information sharing and case consultation 18 4 among only service providers and victims. 18 5 The bill amends the definition of "caretaker" to include a 18 6 person who stands in relationship to a dependent adult such 18 7 that there is an expectation of trust or the ability to 18 8 influence the decisions of the adult and such that the actions 18 9 of the person may result in dependent adult abuse. The 18 10 definition of "dependent adult" is amended to include a person 18 11 certified for residency in a health care facility. 18 12 The bill amends the definition of "dependent adult abuse" 18 13 to include emotional or psychological abuse and self-denial of 18 14 critical care by a dependent adult or an at-risk older adult. 18 15 "At-risk older adult" is defined as an individual, 60 years of 18 16 age or older, who is not able or willing to adequately 18 17 maintain the individual's self in an independent living 18 18 arrangement. 18 19 The bill changes references to "dependent adult abuse" to 18 20 "suspected dependent adult abuse". The bill provides that 18 21 following the reporting of suspected dependent adult abuse, 18 22 the department of human services, or an agency approved by the 18 23 department, is to complete an assessment of the dependent 18 24 adult or at-risk older adult and changes the reference to 18 25 services that may be provided from protective services to 18 26 emergency shelter and support services, and provides for 18 27 referral by the department or approved agency to other 18 28 entities to develop a service plan and coordinate delivery of 18 29 services. The bill authorizes financial institutions to 18 30 report cases of suspected financial exploitation of a 18 31 dependent adult. 18 32 The bill establishes only two categories of dependent adult 18 33 abuse information: founded and unfounded. Previously there 18 34 was also an information category referred to as "other than 18 35 unfounded". The bill adds an employee of an agency requested 19 1 by the department of elder affairs to provide case management 19 2 or other services to the adult to the listing of persons 19 3 authorized to have access to founded dependent adult abuse. 19 4 The bill adds the long-term care resident's advocate to the 19 5 listing of people authorized to have access to founded 19 6 dependent adult abuse if the victim of the abuse resides in a 19 7 long-term care facility. 19 8 The bill authorizes access to unfounded dependent adult 19 9 abuse information to multidisciplinary teams involved in an 19 10 investigation of dependent adult abuse and an employee of an 19 11 agency requested by the department of elder affairs to provide 19 12 case management or other services to the adult. 19 13 The bill provides that dependent adult abuse information 19 14 which is determined by a preponderance of the evidence to be 19 15 founded, not information relating to a particular case of 19 16 suspected dependent adult abuse, is to be sealed 10 years 19 17 after the receipt of the initial report unless good cause is 19 18 shown to continue access to the information. The bill also 19 19 provides that dependent adult abuse information which is 19 20 determined by a preponderance of the evidence to be unfounded 19 21 is to be expunged one year after the receipt of the initial 19 22 report. Previously the law provided that dependent adult 19 23 abuse information which could not be determined by a 19 24 preponderance of the evidence to be founded or unfounded was 19 25 to be expunged one year after receipt of the initial report 19 26 and dependent adult abuse information which was determined by 19 27 a preponderance of the evidence to be unfounded was to be 19 28 expunged immediately upon determining that the information was 19 29 unfounded. The bill also provides that if a correction of 19 30 dependent adult abuse information was requested and the 19 31 information is not determined to be founded, the information 19 32 is to be expunged one year from the date it is determined to 19 33 be unfounded. Previously the information was to be expunged 19 34 immediately when determined to be unfounded. 19 35 The bill provides for injunctive relief regarding any third 20 1 party, not only caretakers, who refuses or interferes with the 20 2 provision of support services to a dependent adult or at-risk 20 3 older adult. The bill also provides for actions that may be 20 4 taken when not only a dependent adult, but an at-risk older 20 5 adult, is unable or unwilling to consent to support services, 20 6 including provisions for the obtaining of emergency orders and 20 7 injunctive relief. 20 8 LSB 1700SS 80 20 9 pf/cl/14.1
Text: SF00131 Text: SF00133 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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