House Amendment to Senate File 2239 S-5092 Amend Senate File 2239, as amended, passed, and 1 reprinted by the Senate, as follows: 2 1. By striking everything after the enacting clause 3 and inserting: 4 < DIVISION I 5 ELDER ABUSE RELIEF 6 Section 1. NEW SECTION . 235F.1 Definitions. 7 As used in this chapter, unless the context 8 otherwise requires: 9 1. “Attorney in fact” means an attorney in fact 10 under a power of attorney pursuant to chapter 633B or 11 an attorney in fact under a durable power of attorney 12 for health care pursuant to chapter 144B. 13 2. “Caretaker” means a related or nonrelated 14 person who has the responsibility for all or a 15 substantial portion of the protection, care, or custody 16 of a vulnerable elder as a result of assuming the 17 responsibility voluntarily, by contract, through 18 employment, or by order of the court. “Caretaker” does 19 not include a caretaker as defined in section 235E.1. 20 3. “Conservator” means the same as defined in 21 section 633.3. 22 4. a. “Elder abuse” means any of the following: 23 (1) The nonaccidental infliction of bodily injury 24 on a vulnerable elder by a caretaker. 25 (2) The commission of a sexual offense under 26 chapter 709 or section 726.2 with or against a 27 vulnerable elder. 28 (3) Neglect which is the substantial deprivation of 29 the minimum food, shelter, clothing, supervision, or 30 physical or mental health care, or other care necessary 31 to maintain a vulnerable elder’s life or health by a 32 caretaker. 33 (4) Financial exploitation as provided in section 34 726.24. 35 b. “Elder abuse” does not include any of the 36 following: 37 (1) Circumstances in which the vulnerable elder 38 declines medical treatment if the vulnerable elder 39 holds a belief or is an adherent of a religion whose 40 tenets and practices call for reliance on spiritual 41 means in place of reliance on medical treatment. 42 (2) Circumstances in which the vulnerable elder’s 43 caretaker, acting in accordance with the vulnerable 44 elder’s stated or implied consent, declines medical 45 treatment if the vulnerable elder holds a belief or is 46 an adherent of a religion whose tenets and practices 47 call for reliance on spiritual means in place of 48 reliance on medical treatment. 49 (3) The withholding or withdrawing of health care 50 -1- SF2239.3577.H (2) 85 md 1/ 18 #1.

from a vulnerable elder who is terminally ill in the 1 opinion of a licensed physician, when the withholding 2 or withdrawing of health care is done at the request 3 of the vulnerable elder or at the request of the 4 vulnerable elder’s next of kin, attorney in fact, or 5 guardian pursuant to the applicable procedures under 6 chapter 125, 144A, 144B, 222, 229, or 633. 7 (4) Good faith assistance by a family or household 8 member or other person in managing the financial 9 affairs of a vulnerable elder at the request of the 10 vulnerable elder or at the request of a family member, 11 guardian, or conservator of the vulnerable elder. 12 5. “Family or household member” means a spouse, 13 a person cohabiting with the vulnerable elder, a 14 parent, or a person related to the vulnerable elder 15 by consanguinity or affinity, but does not include 16 children of the vulnerable elder who are less than 17 eighteen years of age. 18 6. “Fiduciary” means a person or entity with the 19 legal responsibility to make decisions on behalf of 20 and for the benefit of a vulnerable elder and to act 21 in good faith and with fairness. “Fiduciary” includes 22 but is not limited to an attorney in fact, a guardian, 23 or a conservator. 24 7. “Financial exploitation” means financial 25 exploitation as provided in section 726.24. 26 8. “Guardian” means the same as defined in section 27 633.3. 28 9. “Peace officer” means the same as defined in 29 section 801.4. 30 10. “Plaintiff” means a vulnerable elder who 31 files a petition under this chapter and includes a 32 substitute petitioner who files a petition on behalf of 33 a vulnerable elder under this chapter. 34 11. “Present danger of elder abuse” means a 35 situation in which the defendant has recently 36 threatened the vulnerable elder with initial 37 or additional elder abuse, or the potential for 38 misappropriation, misuse, or removal of the funds, 39 benefits, property, resources, belongings, or assets of 40 the vulnerable elder combined with reasonable grounds 41 to believe that elder abuse is likely to occur. 42 12. “Pro se” means a person proceeding on the 43 person’s own behalf without legal representation. 44 13. “Substitute petitioner” means a family or 45 household member, guardian, conservator, attorney in 46 fact, or guardian ad litem for a vulnerable elder, or 47 other interested person who files a petition under this 48 chapter. 49 14. “Vulnerable elder” means a person sixty-five 50 -2- SF2239.3577.H (2) 85 md 2/ 18

years of age or older who is unable to protect himself 1 or herself from elder abuse as a result of a mental or 2 physical condition or advanced age. 3 Sec. 2. NEW SECTION . 235F.2 Commencement of 4 actions —— waiver to juvenile court. 5 1. A vulnerable elder or a substitute petitioner 6 may seek relief from elder abuse by filing a verified 7 petition in the district court. Venue shall lie where 8 either party resides. The petition shall state all of 9 the following: 10 a. The name of the vulnerable elder and the name 11 and address of the vulnerable elder’s attorney, if 12 any. If the vulnerable elder is proceeding pro se, 13 the petition shall state a mailing address for the 14 vulnerable elder. 15 b. The name of the substitute petitioner if the 16 petition is being filed on behalf of a vulnerable 17 elder, and the name and address of the attorney of the 18 substitute petitioner. If the substitute petitioner is 19 proceeding pro se, the petition shall state a mailing 20 address for the substitute petitioner. 21 c. The name and address, if known, of the 22 defendant. 23 d. The relationship of the vulnerable elder to the 24 defendant. 25 e. The nature of the alleged elder abuse. 26 f. The name and age of any other individual whose 27 welfare may be affected. 28 g. The desired relief, including a request for 29 temporary or emergency orders. 30 2. A temporary or emergency order may be based on a 31 showing of a prima facie case of elder abuse. If the 32 factual basis for the alleged elder abuse is contested, 33 the court shall issue a protective order based upon 34 a finding of elder abuse by a preponderance of the 35 evidence. 36 3. a. The filing fee and court costs for an order 37 for protection and in a contempt action resulting from 38 an order granted under this chapter or chapter 664A 39 shall be waived for the plaintiff. 40 b. The clerk of court, the sheriff of any county in 41 this state, and other law enforcement and corrections 42 officers shall perform their duties relating to service 43 of process without charge to the plaintiff. 44 c. When a permanent order for protection is entered 45 by the court, the court may direct the defendant to pay 46 to the clerk of court the fees for the filing of the 47 petition and reasonable costs of service of process if 48 the court determines the defendant has the ability to 49 pay the plaintiff’s fees and costs. 50 -3- SF2239.3577.H (2) 85 md 3/ 18

d. In lieu of personal service of an order for 1 protection issued pursuant to this section, the 2 sheriff of any county in the state, and any other 3 law enforcement and corrections officers may serve a 4 defendant with a short-form notification pursuant to 5 section 664A.4A. 6 4. If the person against whom relief from elder 7 abuse is being sought is seventeen years of age 8 or younger, the district court shall waive its 9 jurisdiction over the action to the juvenile court. 10 5. If a substitute petitioner files a petition 11 under this section on behalf of a vulnerable elder, the 12 vulnerable elder shall retain the right to all of the 13 following: 14 a. To contact and retain counsel. 15 b. To have access to personal records. 16 c. To file objections to the protective order. 17 d. To request a hearing on the petition. 18 e. To present evidence and cross-examine witnesses 19 at the hearing. 20 6. The relief provided under this chapter shall 21 not be available if the action involves a guardian 22 or conservator of the vulnerable elder and the relief 23 sought is more appropriately obtained in a protective 24 proceeding filed under chapter 633. 25 Sec. 3. NEW SECTION . 235F.3 Plaintiffs proceeding 26 pro se —— provision of forms and assistance. 27 1. The judicial branch shall prescribe standard 28 forms to be used by vulnerable elders or substitute 29 petitioners seeking protective orders by proceeding pro 30 se in actions under this chapter. The standard forms 31 shall include language in fourteen point boldface type. 32 Standard forms prescribed by the judicial branch shall 33 be the exclusive forms used by plaintiffs proceeding 34 pro se under this chapter. The judicial branch shall 35 distribute the forms to the clerks of the district 36 courts. 37 2. The clerk of the district court shall furnish 38 the required forms to persons seeking protective orders 39 through pro se proceedings pursuant to this chapter. 40 Sec. 4. NEW SECTION . 235F.4 Appointment of 41 guardian ad litem. 42 The court may on its own motion or on the motion of 43 a party appoint a guardian ad litem for a vulnerable 44 elder if justice requires. The vulnerable elder’s 45 attorney shall not also serve as the guardian ad litem. 46 Sec. 5. NEW SECTION . 235F.5 Hearings —— temporary 47 orders. 48 1. Not less than five and not more than fifteen 49 days after commencing a proceeding and upon notice to 50 -4- SF2239.3577.H (2) 85 md 4/ 18

the other party, a hearing shall be held at which the 1 plaintiff must prove the allegation of elder abuse by a 2 preponderance of the evidence. 3 2. The court may enter any temporary order it deems 4 necessary to protect the vulnerable elder from elder 5 abuse prior to the hearing, upon good cause shown in 6 an ex parte proceeding. Present danger of elder abuse 7 constitutes good cause for purposes of this subsection. 8 3. If a hearing is continued, the court may make or 9 extend any temporary order under subsection 2 that it 10 deems necessary. 11 4. Upon application of a party, the court shall 12 issue subpoenas requiring attendance and testimony of 13 witnesses and production of papers. 14 5. The court shall advise the defendant of a 15 right to be represented by counsel of the defendant’s 16 choosing and to have a continuance to secure counsel. 17 6. The showing required under subsection 1 may be 18 made by, but is not limited to the testimony at the 19 hearing of, any of the following: 20 a. The vulnerable elder. 21 b. The guardian, conservator, attorney in fact, or 22 guardian ad litem of the vulnerable elder. 23 c. Witnesses to the elder abuse. 24 d. Adult protective services workers who have 25 conducted an investigation. 26 7. The court shall exercise its discretion in 27 a manner that protects the vulnerable elder from 28 traumatic confrontation with the defendant. 29 8. Hearings shall be recorded. 30 Sec. 6. NEW SECTION . 235F.6 Disposition. 31 1. Upon a finding that the defendant has engaged 32 in elder abuse, the court may, if requested by the 33 plaintiff, order any of the following: 34 a. That the defendant be required to move from 35 the residence of the vulnerable elder if both the 36 vulnerable elder and the defendant are titleholders or 37 contract holders of record of the real property, are 38 named as tenants in the rental agreement concerning the 39 use and occupancy of the dwelling unit, are living in 40 the same residence, or are married to each other. 41 b. That the defendant provide suitable alternative 42 housing for the vulnerable elder. 43 c. That a peace officer accompany the party who is 44 leaving or has left the party’s residence to remove 45 essential personal effects of the party. 46 d. That the defendant be restrained from abusing, 47 harassing, intimidating, molesting, interfering with, 48 or menacing the vulnerable elder, or attempting to 49 abuse, harass, intimidate, molest, interfere with, or 50 -5- SF2239.3577.H (2) 85 md 5/ 18

menace the vulnerable elder. 1 e. That the defendant be restrained from entering 2 or attempting to enter on any premises when it 3 appears to the court that such restraint is necessary 4 to prevent the defendant from abusing, harassing, 5 intimidating, molesting, interfering with, or menacing 6 the vulnerable elder. 7 f. That the defendant be restrained from exercising 8 any powers on behalf of the vulnerable elder through a 9 court-appointed guardian, conservator, or guardian ad 10 litem, an attorney in fact, or another third party. 11 g. In addition to the relief provided in subsection 12 2, other relief that the court considers necessary to 13 provide for the safety and welfare of the vulnerable 14 elder. 15 2. If the court finds that the vulnerable elder has 16 been the victim of financial exploitation, the court 17 may order the relief the court considers necessary to 18 prevent or remedy the financial exploitation, including 19 but not limited to any of the following: 20 a. Directing the defendant to refrain from 21 exercising control over the funds, benefits, property, 22 resources, belongings, or assets of the vulnerable 23 elder. 24 b. Requiring the defendant to return custody or 25 control of the funds, benefits, property, resources, 26 belongings, or assets to the vulnerable elder. 27 c. Requiring the defendant to follow the 28 instructions of the guardian, conservator, or attorney 29 in fact of the vulnerable elder. 30 d. Prohibiting the defendant from transferring the 31 funds, benefits, property, resources, belongings, or 32 assets of the vulnerable elder to any person other than 33 the vulnerable elder. 34 3. The court shall not use an order issued under 35 this section to do any of the following: 36 a. To allow any person other than the vulnerable 37 elder to assume responsibility for the funds, benefits, 38 property, resources, belongings, or assets of the 39 vulnerable elder. 40 b. For relief that is more appropriately obtained 41 in a protective proceeding filed under chapter 633 42 including but not limited to giving control and 43 management of the funds, benefits, property, resources, 44 belongings, or assets of the vulnerable elder to a 45 guardian, conservator, or attorney in fact for any 46 purpose other than the relief granted under subsection 47 2. 48 4. The court may approve a consent agreement 49 between the parties entered to bring about the 50 -6- SF2239.3577.H (2) 85 md 6/ 18

cessation of elder abuse. A consent agreement approved 1 under this section shall not contain any of the 2 following: 3 a. A provision that prohibits any party to the 4 action from contacting or cooperating with any 5 government agency including the department of human 6 services, the department of inspections and appeals, 7 the department on aging, the department of justice, 8 law enforcement, and the office of long-term care 9 ombudsman; a licensing or regulatory agency that has 10 jurisdiction over any license or certification held 11 by the defendant; a protection and advocacy agency 12 recognized in section 135C.2; or the defendant’s 13 current employer if the defendant’s professional 14 responsibilities include contact with vulnerable 15 elders, dependent adults, or minors, if the party 16 contacting or cooperating has a good-faith belief 17 that the information is relevant to the duties or 18 responsibilities of the entity. 19 b. A provision that prohibits any party to the 20 action from filing a complaint with or reporting a 21 violation of law to any government agency including 22 the department of human services, the department of 23 inspections and appeals, the department on aging, the 24 department of justice, law enforcement, and the office 25 of long-term care ombudsman; a licensing or regulatory 26 agency that has jurisdiction over any license or 27 certification held by the defendant; a protection and 28 advocacy agency recognized in section 135C.2; or the 29 defendant’s current employer. 30 c. A provision that requires any party to the 31 action to withdraw a complaint filed with or a 32 violation reported to any government agency including 33 the department of human services, the department of 34 inspections and appeals, the department on aging, the 35 department of justice, law enforcement, and the office 36 of long-term care ombudsman; a licensing or regulatory 37 agency that has jurisdiction over any license or 38 certification held by the defendant; a protection and 39 advocacy agency recognized in section 135C.2; or the 40 defendant’s current employer. 41 5. A protective order or approved consent agreement 42 shall be for a fixed period of time not to exceed one 43 year. The court may amend or extend its order or a 44 consent agreement at any time upon a petition filed by 45 either party and after notice and hearing. The court 46 may extend the order if the court, after hearing at 47 which the defendant has the opportunity to be heard, 48 finds that the defendant continues to pose a threat to 49 the safety of the vulnerable elder, persons residing 50 -7- SF2239.3577.H (2) 85 md 7/ 18

with the vulnerable elder, or members of the vulnerable 1 elder’s immediate family, or continues to present a 2 risk of financial exploitation of the vulnerable elder. 3 The number of extensions that may be granted by the 4 court is not limited. 5 6. The order shall state whether a person is to be 6 taken into custody by a peace officer for a violation 7 of the terms stated in the order. 8 7. The court may order that the defendant pay the 9 attorney fees and court costs of the vulnerable elder 10 or substitute petitioner. 11 8. An order or approved consent agreement under 12 this section shall not affect title to real property. 13 9. A copy of any order or approved consent 14 agreement shall be issued to the plaintiff, the 15 defendant, the county sheriff of the county in which 16 the order or consent decree is initially entered, and 17 the twenty-four-hour dispatcher for the county sheriff. 18 Any subsequent amendment or revocation of an order or 19 consent agreement shall be forwarded by the clerk to 20 all individuals previously notified. 21 10. The clerk shall notify the county sheriff and 22 the twenty-four-hour dispatcher for the county sheriff 23 in writing so that the county sheriff and the county 24 sheriff’s dispatcher receive written notice within six 25 hours of filing the order, approved consent agreement, 26 amendment, or revocation. The clerk may fulfill this 27 requirement by sending the notice by facsimile or other 28 electronic transmission which reproduces the notice in 29 writing within six hours of filing the order. 30 11. The county sheriff’s dispatcher shall notify 31 all law enforcement agencies having jurisdiction over 32 the matter and the twenty-four-hour dispatcher for 33 the law enforcement agencies upon notification by the 34 clerk. 35 Sec. 7. NEW SECTION . 235F.7 Emergency orders. 36 1. When the court is unavailable from the close 37 of business at the end of the day or week to the 38 resumption of business at the beginning of the day or 39 week, a petition may be filed before a district judge, 40 or district associate judge designated by the chief 41 judge of the judicial district, who may grant emergency 42 relief in accordance with section 235F.6, subsection 1 43 or 2, if the district judge or district associate judge 44 deems it necessary to protect the vulnerable elder 45 from elder abuse, upon good cause shown in an ex parte 46 proceeding. Present danger of elder abuse constitutes 47 good cause for purposes of this subsection. 48 2. An emergency order issued under subsection 1 49 shall expire seventy-two hours after issuance. When 50 -8- SF2239.3577.H (2) 85 md 8/ 18

the order expires, the plaintiff may seek a temporary 1 order from the court pursuant to section 235F.5. 2 3. A petition filed and emergency order issued 3 under this section and any documentation in support of 4 the petition and order shall be immediately certified 5 to the court. The certification shall commence a 6 proceeding for purposes of section 235F.2. 7 Sec. 8. NEW SECTION . 235F.8 Procedure. 8 1. A proceeding under this chapter shall be held in 9 accordance with the rules of civil procedure, except 10 as otherwise set forth in this chapter and in chapter 11 664A, and is in addition to any other civil or criminal 12 remedy. 13 2. The plaintiff’s right to relief under this 14 chapter is not affected by leaving the vulnerable 15 elder’s home to avoid elder abuse. 16 DIVISION II 17 FINANCIAL EXPLOITATION OF VULNERABLE ELDERS 18 Sec. 9. NEW SECTION . 726.24 Financial exploitation 19 of a vulnerable elder. 20 1. A person commits financial exploitation of a 21 vulnerable elder when the person stands in a position 22 of trust or confidence with the vulnerable elder and 23 knowingly and by undue influence, deception, coercion, 24 fraud, or extortion, obtains control over or otherwise 25 uses or diverts the benefits, property, resources, 26 belongings, or assets of the vulnerable elder for the 27 person’s own benefit or gain. 28 2. A person who commits financial exploitation 29 of a vulnerable elder is guilty of the following, as 30 applicable: 31 a. Financial exploitation in the fifth degree which 32 is a simple misdemeanor if the value of the funds, 33 benefits, property, resources, belongings, or assets is 34 two hundred dollars or less. 35 b. Financial exploitation in the fourth degree 36 which is a serious misdemeanor if the value of the 37 funds, benefits, property, resources, belongings, or 38 assets exceeds two hundred dollars but does not exceed 39 five hundred dollars. 40 c. Financial exploitation in the third degree which 41 is an aggravated misdemeanor if the value of the funds, 42 benefits, property, resources, belongings, or assets 43 exceeds five hundred dollars but does not exceed one 44 thousand dollars. 45 d. Financial exploitation in the second degree 46 which is a class “D” felony if the value of the funds, 47 benefits, property, resources, belongings, or assets 48 exceeds one thousand dollars but does not exceed ten 49 thousand dollars. 50 -9- SF2239.3577.H (2) 85 md 9/ 18

e. Financial exploitation in the first degree 1 which is a class “C” felony if the value of the funds, 2 benefits, property, resources, belongings, or assets 3 exceeds ten thousand dollars. 4 3. Nothing in this section shall be construed to 5 impose criminal liability on a person who has made a 6 good-faith effort to assist a vulnerable elder in the 7 management of the vulnerable elder’s funds, benefits, 8 property, resources, belongings, or assets, but through 9 no fault of the person, the person has been unable to 10 provide such assistance or does not achieve the results 11 sought by the vulnerable elder. 12 4. For the purposes of this section: 13 a. “Caretaker” means the same as defined in section 14 235F.1. 15 b. “Coercion” means communication or conduct which 16 unduly compels a vulnerable elder to act or refrain 17 from acting against the vulnerable elder’s will and 18 against the vulnerable elder’s best interests. 19 c. “Stands in a position of trust or confidence” 20 means the person has any of the following relationships 21 relative to the vulnerable elder: 22 (1) Is a parent, spouse, adult child, or other 23 relative by consanguinity or affinity of the vulnerable 24 elder. 25 (2) Is a caretaker for the vulnerable elder other 26 than a facility or person governed by chapter 235E. 27 (3) Is a person who is in a confidential 28 relationship with the vulnerable elder. For the 29 purposes of this subparagraph (3), a confidential 30 relationship does not include a legal, fiduciary, or 31 ordinary commercial or transactional relationship the 32 vulnerable elder may have with a bank incorporated 33 under the provisions of any state or federal law, 34 any savings and loan association or savings bank 35 incorporated under the provisions of any state or 36 federal law, any credit union organized under the 37 provisions of any state or federal law, any attorney 38 licensed to practice law in the state, or any agent, 39 agency, or company regulated under chapter 505, 508, 40 515, or 543B. 41 d. “Undue influence” means taking advantage of a 42 person’s role, relationship, or authority to improperly 43 change or obtain control over the actions or decision 44 making of a vulnerable elder against the vulnerable 45 elder’s best interests. 46 e. “Vulnerable elder” means the same as defined in 47 section 235F.1. 48 Sec. 10. CODE EDITOR DIRECTIVES. The Code editor 49 shall create a new subchapter in chapter 726, entitled 50 -10- SF2239.3577.H (2) 85 md 10/ 18

“protection of vulnerable elders” that includes section 1 726.24, as enacted in this Act. 2 DIVISION III 3 ADDITIONAL PROVISIONS AND CONFORMING AMENDMENTS 4 Sec. 11. Section 13.2, subsection 1, Code 2014, is 5 amended by adding the following new paragraph: 6 NEW PARAGRAPH . o. Develop written procedures and 7 policies to be followed by prosecuting attorneys in the 8 prosecution of elder abuse and financial exploitation 9 of a vulnerable elder under chapter 235F and section 10 726.24. 11 Sec. 12. Section 13.31, subsection 3, Code 2014, is 12 amended to read as follows: 13 3. Administer the domestic abuse program provided 14 in chapter 236 and elder abuse actions commenced under 15 chapter 235F . 16 Sec. 13. Section 135B.7, Code 2014, is amended by 17 adding the following new subsection: 18 NEW SUBSECTION . 5. The department shall also adopt 19 rules requiring hospitals to establish and implement 20 protocols for responding to the needs of patients who 21 are victims of elder abuse, as defined in section 22 235F.1. 23 Sec. 14. Section 232.8, subsection 1, Code 2014, is 24 amended by adding the following new paragraph: 25 NEW PARAGRAPH . e. The juvenile court shall have 26 jurisdiction in proceedings commenced against a child 27 pursuant to section 235F.2 over which the district 28 court has waived its jurisdiction. The juvenile court 29 shall hear the action in the manner of an adjudicatory 30 hearing under section 232.47, subject to the following: 31 (1) The juvenile court shall abide by the 32 provisions of sections 235F.5 and 235F.6 in holding 33 hearings and making a disposition. 34 (2) The plaintiff is entitled to proceed pro se 35 under section 235F.3. 36 Sec. 15. Section 232.22, subsection 1, Code 2014, 37 is amended by adding the following new paragraph: 38 NEW PARAGRAPH . h. There is probable cause to 39 believe that the child has committed a delinquent 40 act which would be elder abuse under chapter 235F if 41 committed by an adult. 42 Sec. 16. Section 232.52, subsection 2, Code 2014, 43 is amended by adding the following new paragraph: 44 NEW PARAGRAPH . i. In the case of a child 45 adjudicated delinquent for an act which would be a 46 violation of chapter 235F if committed by an adult, 47 an order requiring the child to attend a batterers’ 48 treatment program under section 708.2B. 49 Sec. 17. Section 235B.6, subsection 2, paragraph 50 -11- SF2239.3577.H (2) 85 md 11/ 18

e, subparagraph (5), Code 2014, is amended to read as 1 follows: 2 (5) The office of the attorney for the department 3 who is responsible for representing the department 4 general . 5 Sec. 18. Section 235B.6, subsection 3, Code 2014, 6 is amended to read as follows: 7 3. Access to unfounded dependent adult abuse 8 information is authorized only to those persons 9 identified in subsection 2 , paragraph “a” , paragraph 10 “b” , subparagraphs (2), (5), and (6), and paragraph 11 “e” , subparagraphs (2) , (5), and (10). 12 Sec. 19. Section 331.424, subsection 1, paragraph 13 a, subparagraph (6), Code 2014, is amended to read as 14 follows: 15 (6) The maintenance and operation of the courts, 16 including but not limited to the salary and expenses 17 of the clerk of the district court and other employees 18 of the clerk’s office, and bailiffs, court costs 19 if the prosecution fails or if the costs cannot be 20 collected from the person liable, costs and expenses 21 of prosecution under section 189A.17 , salaries and 22 expenses of juvenile court officers under chapter 602 , 23 court-ordered costs in domestic abuse cases under 24 section 236.5 and elder abuse cases under section 25 235F.6 , the county’s expense for confinement of 26 prisoners under chapter 356A , temporary assistance 27 to the county attorney, county contributions to a 28 retirement system for bailiffs, reimbursement for 29 judicial magistrates under section 602.6501 , claims 30 filed under section 622.93 , interpreters’ fees under 31 section 622B.7 , uniform citation and complaint supplies 32 under section 805.6 , and costs of prosecution under 33 section 815.13 . 34 Sec. 20. Section 562A.27A, subsection 3, paragraph 35 a, subparagraph (1), Code 2014, is amended to read as 36 follows: 37 (1) The tenant seeks a protective order, 38 restraining order, order to vacate the homestead, or 39 other similar relief pursuant to chapter 235F, 236 , 40 598 , 664A , or 915 , or any other applicable provision 41 which would apply to the person conducting the 42 activities causing the clear and present danger. 43 Sec. 21. Section 562B.25A, subsection 3, paragraph 44 a, subparagraph (1), Code 2014, is amended to read as 45 follows: 46 (1) The tenant seeks a protective order, 47 restraining order, order to vacate the homestead, or 48 other similar relief pursuant to chapter 235F, 236 , 49 598 , 664A , or 915 , or any other applicable provision 50 -12- SF2239.3577.H (2) 85 md 12/ 18

which would apply to the person conducting the 1 activities causing the clear and present danger. 2 Sec. 22. Section 598.7, subsection 1, Code 2014, is 3 amended to read as follows: 4 1. The district court may, on its own motion or 5 on the motion of any party, order the parties to 6 participate in mediation in any dissolution of marriage 7 action or other domestic relations action. Mediation 8 performed under this section shall comply with the 9 provisions of chapter 679C . The provisions of this 10 section shall not apply if the action involves a child 11 support or medical support obligation enforced by 12 the child support recovery unit. The provisions of 13 this section shall not apply to actions which involve 14 elder abuse as defined in section 235F.1 or domestic 15 abuse pursuant to chapter 236 . The provisions of 16 this section shall not affect a judicial district’s 17 or court’s authority to order settlement conferences 18 pursuant to rules of civil procedure. The court shall, 19 on application of a party, grant a waiver from any 20 court-ordered mediation under this section if the party 21 demonstrates that a history of domestic abuse exists as 22 specified in section 598.41, subsection 3 , paragraph 23 “j” . 24 Sec. 23. Section 598.16, subsection 7, Code 2014, 25 is amended to read as follows: 26 7. Upon application, the court shall grant a waiver 27 from the requirements of this section if a party 28 demonstrates that a history of elder abuse, as defined 29 in section 235F.1, or domestic abuse, as defined in 30 section 236.2 , exists. 31 a. In determining whether a history of elder abuse 32 exists, the court’s consideration shall include but 33 is not limited to commencement of an action pursuant 34 to section 235F.2, the issuance of a court order or 35 consent agreement pursuant to section 235F.6, the 36 issuance of an emergency order pursuant to section 37 235F.7, the holding of a party in contempt pursuant to 38 section 664A.7, the response of a peace officer to the 39 scene of alleged elder abuse, or the arrest of a party 40 following response to a report of alleged elder abuse. 41 b. In determining whether a history of domestic 42 abuse exists, the court’s consideration shall include 43 but is not limited to commencement of an action 44 pursuant to section 236.3 , the issuance of a protective 45 order against a party or the issuance of a court order 46 or consent agreement pursuant to section 236.5 , the 47 issuance of an emergency order pursuant to section 48 236.6 , the holding of a party in contempt pursuant 49 to section 664A.7 , the response of a peace officer 50 -13- SF2239.3577.H (2) 85 md 13/ 18

to the scene of alleged domestic abuse or the arrest 1 of a party following response to a report of alleged 2 domestic abuse, or a conviction for domestic abuse 3 assault pursuant to section 708.2A . 4 Sec. 24. Section 598.41, subsection 3, paragraph j, 5 Code 2014, is amended to read as follows: 6 j. Whether a history of elder abuse, as defined in 7 section 235F.1 or domestic abuse, as defined in section 8 236.2 , exists. 9 (1) In determining whether a history of elder abuse 10 exists, the court’s consideration shall include but 11 is not limited to commencement of an action pursuant 12 to section 235F.2, the issuance of a court order or 13 consent agreement pursuant to section 235F.6, the 14 issuance of an emergency order pursuant to section 15 235F.7, the holding of a party in contempt pursuant to 16 section 664A.7, the response of a peace officer to the 17 scene of alleged elder abuse or the arrest of a party 18 following response to a report of alleged elder abuse. 19 (2) In determining whether a history of domestic 20 abuse exists, the court’s consideration shall include 21 but is not limited to commencement of an action 22 pursuant to section 236.3 , the issuance of a protective 23 order against the parent or the issuance of a court 24 order or consent agreement pursuant to section 236.5 , 25 the issuance of an emergency order pursuant to section 26 236.6 , the holding of a parent in contempt pursuant 27 to section 664A.7 , the response of a peace officer to 28 the scene of alleged domestic abuse or the arrest of 29 a parent following response to a report of alleged 30 domestic abuse, or a conviction for domestic abuse 31 assault pursuant to section 708.2A . 32 Sec. 25. Section 598.41D, subsection 4, paragraph 33 b, subparagraph (2), Code 2014, is amended to read as 34 follows: 35 (2) That the specified family member does not have 36 a history of elder abuse, as defined in section 235F.1 37 or domestic abuse, as defined in section 236.2 . 38 (a) In determining whether a history of elder abuse 39 exists, the court’s consideration shall include but 40 is not limited to commencement of an action pursuant 41 to section 235F.2, the issuance of a court order or 42 consent agreement pursuant to section 235F.6, the 43 issuance of an emergency order pursuant to section 44 235F.7, the holding of a party in contempt pursuant to 45 section 664A.7, the response of a peace officer to the 46 scene of alleged elder abuse or the arrest of a party 47 following response to a report of alleged elder abuse. 48 (b) In determining whether a history of domestic 49 abuse exists, the court’s consideration shall include 50 -14- SF2239.3577.H (2) 85 md 14/ 18

but is not limited to commencement of an action 1 pursuant to section 236.3 , the issuance of a protective 2 order against the individual or the issuance of a 3 court order or consent agreement pursuant to section 4 236.5 , the issuance of an emergency order pursuant to 5 section 236.6 , the holding of an individual in contempt 6 pursuant to section 664A.7 , the response of a peace 7 officer to the scene of alleged domestic abuse or the 8 arrest of an individual following response to a report 9 of alleged domestic abuse, or a conviction for domestic 10 abuse assault pursuant to section 708.2A . 11 Sec. 26. Section 598.42, Code 2014, is amended to 12 read as follows: 13 598.42 Notice of certain orders by clerk of court. 14 The clerk of the district court shall provide notice 15 and copies of temporary or permanent protective orders 16 and orders to vacate the homestead entered pursuant 17 to this chapter to the applicable law enforcement 18 agencies and the twenty-four hour dispatcher for the 19 law enforcement agencies, in the manner provided for 20 protective orders under section 235F.6 or 236.5 . The 21 clerk shall provide notice and copies of modifications 22 or vacations of these orders in the same manner. 23 Sec. 27. Section 602.6306, subsection 2, Code 2014, 24 is amended to read as follows: 25 2. District associate judges also have jurisdiction 26 in civil actions for money judgment where the amount 27 in controversy does not exceed ten thousand dollars; 28 jurisdiction over involuntary commitment, treatment, 29 or hospitalization proceedings under chapters 125 and 30 229 ; jurisdiction of indictable misdemeanors, class 31 “D” felony violations, and other felony arraignments; 32 jurisdiction to enter a temporary or emergency order of 33 protection under chapter 235F or 236 , and to make court 34 appointments and set hearings in criminal matters; 35 jurisdiction to enter orders in probate which do not 36 require notice and hearing and to set hearings in 37 actions under chapter 633 or 633A ; and the jurisdiction 38 provided in section 602.7101 when designated as a 39 judge of the juvenile court. While presiding in these 40 subject matters a district associate judge shall employ 41 district judges’ practice and procedure. 42 Sec. 28. Section 611.23, Code 2014, is amended to 43 read as follows: 44 611.23 Civil actions involving allegations of elder 45 abuse, sexual abuse , or domestic abuse —— counseling. 46 In a civil case in which a plaintiff is seeking 47 relief or damages for alleged elder abuse as defined 48 in section 235F.1, sexual abuse as defined in section 49 709.1 , or domestic abuse as defined in section 236.2 , 50 -15- SF2239.3577.H (2) 85 md 15/ 18