Text: SF00415 Text: SF00417 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 SENATE FILE 416 1 2 1 3 AN ACT 1 4 RELATING TO DEPENDENT ADULT ABUSE INCLUDING ELDER ABUSE 1 5 EMERGENCY SHELTER AND SUPPORT SERVICES PROJECTS. 1 6 1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 8 1 9 Section 1. NEW SECTION. 231.56A ELDER ABUSE EMERGENCY 1 10 SHELTER AND SUPPORT SERVICES PROJECTS. 1 11 1. Through the state's service contract process adopted 1 12 pursuant to section 8.47, the department shall identify area 1 13 agencies on aging that have demonstrated the ability to 1 14 provide a collaborative response to the immediate needs of 1 15 elders in the area agency on aging service area for the 1 16 purpose of implementing elder abuse emergency shelter and 1 17 support services projects. The projects shall be implemented 1 18 only in the counties within an area agency on aging service 1 19 area that have a multidisciplinary team established pursuant 1 20 to section 235B.1. 1 21 2. The target population of the projects shall be any 1 22 elder residing in the service area of an area agency on aging 1 23 who meets both of the following conditions: 1 24 a. Is the subject of a report of suspected dependent adult 1 25 abuse pursuant to chapter 235B. 1 26 b. Is not receiving assistance under a county management 1 27 plan approved pursuant to section 331.439. 1 28 3. The area agencies on aging implementing the projects 1 29 shall identify allowable emergency shelter and support 1 30 services, state funding, outcomes, reporting requirements, and 1 31 approved community resources from which services may be 1 32 obtained under the projects. The area agency on aging shall 1 33 identify at least one provider of case management services for 1 34 the project area. 1 35 4. The area agencies on aging shall implement the projects 2 1 and shall coordinate the provider network through the use of 2 2 referrals or other engagement of community resources to 2 3 provide services to elders. 2 4 5. The department shall award funds to the area agencies 2 5 on aging in accordance with the state's service contract 2 6 process. Receipt and expenditures of moneys under the 2 7 projects are subject to examination, including audit, by the 2 8 department. 2 9 6. This section shall not be construed and is not intended 2 10 as, and shall not imply, a grant of entitlement for services 2 11 to individuals who are not otherwise eligible for the services 2 12 or for utilization of services that do not currently exist or 2 13 are not otherwise available. 2 14 Sec. 2. Section 235B.3, subsection 5, Code 2003, is 2 15 amended to read as follows: 2 16 5. Following the reporting of suspected dependent adult 2 17 abuse, the department of human services or an agency approved 2 18 by the department shall complete an assessment of necessary 2 19 services and shall make appropriate referrals for receipt of 2 20 these services. The assessment shall include interviews with 2 21 the dependent adult, and, if appropriate, with the alleged 2 22 perpetrator of the dependent adult abuse and with any person 2 23 believed to have knowledge of the circumstances of the case. 2 24 The department may provide necessary protective services and 2 25 may establish a sliding fee schedule for those persons able to 2 26 pay a portion of the protective services. 2 27 Sec. 3. Section 235B.6, subsection 2, paragraph c, Code 2 28 2003, is amended by adding the following new subparagraph: 2 29 NEW SUBPARAGRAPH. (8) An employee of an agency requested 2 30 by the department to provide case management or other services 2 31 to the dependent adult. 2 32 Sec. 4. Section 235B.6, subsection 2, paragraph e, Code 2 33 2003, is amended by adding the following new subparagraph: 2 34 NEW SUBPARAGRAPH. (10) The long-term care resident's 2 35 advocate if the victim resides in a long-term care facility or 3 1 the alleged perpetrator is an employee of a long-term care 3 2 facility. 3 3 Sec. 5. Section 235B.6, subsection 3, Code 2003, is 3 4 amended to read as follows: 3 5 3. Access to unfounded dependent adult abuse information 3 6 is authorized only to those persons identified in subsection 3 7 2, paragraph "a", paragraph "b", subparagraphs (2), (5), and 3 8 (6), and paragraph "e",subparagraphsubparagraphs (2) and 3 9 (10). 3 10 Sec. 6. Section 235B.9, subsections 1, 2, and 3, Code 3 11 2003, are amended to read as follows: 3 12 1. Dependent adult abuse informationrelating to a3 13particular case of suspected dependent adult abusewhich is 3 14 determined by a preponderance of the evidence to be founded, 3 15 shall be sealed ten years after the receipt of the initial 3 16 report of such abuse by the registry unless good cause is 3 17 shown why the information should remain open to authorized 3 18 access. If a subsequent report ofa suspected case offounded 3 19 dependent adult abuse involving the adult named in the initial 3 20 report as the victim of abuse or a person named in such report 3 21 as having abused an adult is received by the registry within 3 22 the ten-year period, the information shall be sealed ten years 3 23 after receipt of the subsequent report unless good cause is 3 24 shown why the information should remain open to authorized 3 25 access. 3 26 2. Dependent adult abuse information whichcannot be3 27determined by a preponderance of the evidence to be founded or3 28unfounded shall be expunged one year after the receipt of the3 29initial report of abuse and dependent adult abuse information3 30whichis determined by a preponderance of the evidence to be 3 31 unfounded shall be expungedimmediately whenone year from the 3 32 date it is determined to be unfounded. 3 33 3. However, if a correction of dependent adult abuse 3 34 information is requested under section 235B.10 and the issue 3 35 is not resolved at the end of one year the information shall 4 1 be retained until the issue is resolved and if the dependent 4 2 adult abuse information is not determined to be founded, the 4 3 information shall be expungedimmediately whenone year from 4 4 the date it is determined to be unfounded. 4 5 4 6 4 7 4 8 MARY E. KRAMER 4 9 President of the Senate 4 10 4 11 4 12 4 13 CHRISTOPHER C. RANTS 4 14 Speaker of the House 4 15 4 16 I hereby certify that this bill originated in the Senate and 4 17 is known as Senate File 416, Eightieth General Assembly. 4 18 4 19 4 20 4 21 MICHAEL E. MARSHALL 4 22 Secretary of the Senate 4 23 Approved , 2003 4 24 4 25 4 26 4 27 THOMAS J. VILSACK 4 28 Governor
Text: SF00415 Text: SF00417 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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