House File 2391

                                     HOUSE FILE       
                                     BY  COMMITTEE ON HUMAN RESOURCES

                                     (SUCCESSOR TO HSB 660)


    Passed House, Date               Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to dependent adult abuse and providing penalties.
  2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  3 TLSB 5110HV 80
  4 rh/pj/5

PAG LIN

  1  1    Section 1.  Section 235B.1, subsection 4, paragraph a,
  1  2 subparagraph (1), Code 2003, is amended to read as follows:
  1  3    (1)  Advise the director of human services and the
  1  4 administrator of the division of child and family services of
  1  5 the department of human services regarding departments charged
  1  6 with the responsibility of addressing dependent adult abuse.
  1  7    Sec. 2.  Section 235B.2, subsection 5, paragraph a, Code
  1  8 2003, is amended by striking the paragraph and inserting in
  1  9 lieu thereof the following:
  1 10    a.  "Dependent adult abuse" means the same as defined in
  1 11 section 726.9.
  1 12    Sec. 3.  Section 235B.3, subsection 2, Code Supplement
  1 13 2003, is amended to read as follows:
  1 14    2.  All of the following persons shall report suspected
  1 15 dependent adult abuse to the department:
  1 16    a.  A social worker.
  1 17    b.  A certified psychologist.
  1 18    c. a.  A person who, in the course of employment, examines,
  1 19 attends, counsels, or treats a dependent adult and reasonably
  1 20 believes the dependent adult has suffered abuse, including:
  1 21    (1)  A member of the staff of a community mental health
  1 22 center, a member of the staff of a hospital, a member of the
  1 23 staff or employee of a public or private health care facility
  1 24 as defined in section 135C.1, a member of the staff or
  1 25 employee of an elder group home as defined in section 231B.1,
  1 26 a member of the staff or employee of an assisted living
  1 27 program certified under section 231C.3, and a member of the
  1 28 staff or employee of an adult day services program as defined
  1 29 in section 231D.1.
  1 30    (2)  A peace officer.
  1 31    (3)  An in=home homemaker=home health aide.
  1 32    (4)  An individual employed as an outreach person.
  1 33    (5)  A health practitioner, as defined in section 232.68.
  1 34    (6)  A member of the staff or an employee of a supported
  1 35 community living service, sheltered workshop, or work activity
  2  1 center.
  2  2    (7)  A social worker.
  2  3    (8)  A certified psychologist.
  2  4    d.  A person who performs inspections of elder group homes
  2  5 for the department of inspections and appeals and a resident
  2  6 advocate committee member assigned to an elder group home
  2  7 pursuant to chapter 231B.
  2  8    b.  A licensed funeral director.
  2  9    Sec. 4.  Section 235B.3, Code Supplement 2003, is amended
  2 10 by adding the following new subsection:
  2 11    NEW SUBSECTION.  3A.  An employee of a financial
  2 12 institution may report cases of suspected financial
  2 13 exploitation of a dependent adult to the department.
  2 14    Sec. 5.  Section 235B.18, subsection 1, Code 2003, is
  2 15 amended to read as follows:
  2 16    1.  If the department reasonably determines that a
  2 17 dependent adult is a victim of dependent adult abuse and lacks
  2 18 capacity to consent to the receipt of protective services, the
  2 19 department may petition the district court in the county in
  2 20 which the dependent adult resides for an order authorizing the
  2 21 provision of protective services.  The petition shall allege
  2 22 specific facts sufficient to demonstrate that the dependent
  2 23 adult is in need of protective services and lacks capacity to
  2 24 consent to the receipt of services.
  2 25    Sec. 6.  Section 235B.19, subsection 1, Code 2003, is
  2 26 amended to read as follows:
  2 27    1.  If the department determines that a dependent adult is
  2 28 suffering from dependent adult abuse which presents an
  2 29 immediate danger to the health or safety of the dependent
  2 30 adult, that the dependent adult lacks capacity to consent to
  2 31 receive protective services, and that no consent can be
  2 32 obtained, the department may petition the district court with
  2 33 probate jurisdiction in the county in which the dependent
  2 34 adult resides for an emergency order authorizing protective
  2 35 services.
  3  1    Sec. 7.  Section 235B.19, subsection 6, unnumbered
  3  2 paragraph 1, Code 2003, is amended to read as follows:
  3  3    The department, upon finding that dependent adult abuse has
  3  4 occurred and is either ongoing or is likely to reoccur, may
  3  5 petition the district court in the county in which the
  3  6 dependent adult resides for injunctive relief against the
  3  7 alleged perpetrator.  The petition shall conform to the
  3  8 requirements of subsection 2 and shall specify the relief
  3  9 sought.  Upon finding that dependent adult abuse has occurred
  3 10 and that the abuse is either ongoing or likely to reoccur, the
  3 11 court may also enter temporary orders as may be appropriate to
  3 12 third persons enjoining them from specific conduct.  The
  3 13 orders may include temporary restraining orders which impose
  3 14 criminal sanctions if violated.  The court may enjoin third
  3 15 persons from any of the following:
  3 16    Sec. 8.  NEW SECTION.  726.9  DEPENDENT ADULT ABUSE.
  3 17    1.  A caretaker commits dependent adult abuse when the
  3 18 caretaker through willful or negligent acts or omissions does
  3 19 any of the following:
  3 20    a.  Creates a substantial risk to a dependent adult's
  3 21 physical, mental, or emotional health or safety.
  3 22    b.  Uses unreasonable force, torture, or cruelty that
  3 23 results in bodily injury, or that is intended to cause serious
  3 24 injury.
  3 25    c.  Causes bodily injury to, unreasonably confines,
  3 26 unreasonably punishes, or assaults a dependent adult.
  3 27    d.  Evidences unreasonable force, torture, or cruelty that
  3 28 causes substantial mental or emotional harm to a dependent
  3 29 adult.
  3 30    e.  Deprives a dependent adult of necessary food, clothing,
  3 31 shelter, health care, or supervision when the person is
  3 32 reasonably able to make the necessary provisions and which
  3 33 deprivation substantially harms the dependent adult.
  3 34    f.  Permits the continuing physical or sexual abuse of a
  3 35 dependent adult.
  4  1    g.  With or against a dependent adult, commits a sexual
  4  2 offense under chapter 709 or section 726.2.
  4  3    h.  Abandons the dependent adult to fend for the dependent
  4  4 adult's own self, knowing that the dependent adult is unable
  4  5 to do so.
  4  6    i.  Exploits the dependent adult by the act or process of
  4  7 taking financial resources or property from the dependent
  4  8 adult without the informed consent of the dependent adult,
  4  9 including by theft, undue influence, harassment, duress,
  4 10 deception, false representation, or false pretense.
  4 11    Dependent adult abuse does not include the situations
  4 12 described in section 235B.2, subsection 5, paragraph "b".
  4 13    2.  Charges of dependent adult abuse may be initiated upon
  4 14 the complaint of a private individual or as a result of
  4 15 investigation by a social services agency or on the direct
  4 16 initiative of a county attorney or law enforcement agency.
  4 17    3.  A caretaker who intentionally commits dependent adult
  4 18 abuse resulting in serious or bodily injury to a dependent
  4 19 adult is guilty of a class "C" felony.
  4 20    4.  A caretaker who recklessly commits dependent adult
  4 21 abuse resulting in serious or bodily injury to a dependent
  4 22 adult is guilty of a class "D" felony.
  4 23    5.  A caretaker who negligently commits dependent adult
  4 24 abuse resulting in serious or bodily injury to a dependent
  4 25 adult is guilty of an aggravated misdemeanor.
  4 26    6.  A caretaker who commits dependent adult abuse not
  4 27 resulting in serious or bodily injury to a dependent adult is
  4 28 guilty of a serious misdemeanor.
  4 29    7.  A caretaker who commits dependent adult abuse by
  4 30 exploiting a dependent adult by the act or process of taking
  4 31 financial resources or property without the informed consent
  4 32 of the dependent adult is guilty of a class "D" felony.
  4 33    8.  A caretaker alleged to have committed a violation of
  4 34 this section shall be charged with the respective offense
  4 35 cited, unless a charge may be brought based upon a more
  5  1 serious offense, in which case the charge of the more serious
  5  2 offense shall supercede the less serious charge.
  5  3    9.  For the purposes of this section, "dependent adult"
  5  4 means dependent adult as defined in section 235B.2 and
  5  5 "caretaker" means a caretaker as defined in section 235B.2.
  5  6    Sec. 9.  Section 235B.20, Code 2003, is repealed.
  5  7                           EXPLANATION
  5  8    This bill relates to dependent adult abuse.
  5  9    The bill provides that the dependent adult abuse advisory
  5 10 council is to advise not only the director of human services
  5 11 and the administrator of the division of child and family
  5 12 services regarding dependent adult abuse, but is to advise the
  5 13 departments charged with addressing dependent adult abuse.
  5 14    The bill specifies that the persons who are required to
  5 15 report suspected dependent adult abuse do not include all
  5 16 social workers and certified psychologists, but only those
  5 17 social workers and certified psychologists who, in the course
  5 18 of employment, examine, attend, counsel, or treat a dependent
  5 19 adult and who reasonably believe the dependent adult has
  5 20 suffered abuse.  The bill eliminates persons who perform
  5 21 inspections of elder group homes and resident advocate
  5 22 committee members assigned to elder group homes from the list
  5 23 of persons required to report suspected dependent adult abuse.
  5 24 The bill adds a member of the staff of an elder group home, a
  5 25 member of the staff or employee of an assisted living program
  5 26 certified under Code section 231C.3, and a member of the staff
  5 27 or employee of an adult day services program, and a licensed
  5 28 funeral director to this list.  In addition, the bill
  5 29 specifies that an employee of a financial institution may
  5 30 report cases of suspected financial exploitation to the
  5 31 department of human services.
  5 32    The bill specifies that a petition for an order authorizing
  5 33 the provision of protective services or authorizing an
  5 34 emergency order for protective services is to be filed with
  5 35 the district court in the county in which the dependent adult
  6  1 resides.  The bill also provides that if the department of
  6  2 human services finds that dependent adult abuse has occurred
  6  3 and is ongoing or likely to reoccur, the department may
  6  4 petition the court for injunctive relief against the alleged
  6  5 perpetrator and directs that the court may enter temporary
  6  6 orders as appropriate.  The bill eliminates the court's
  6  7 discretion to include temporary restraining orders which
  6  8 impose criminal sanctions.
  6  9    The bill eliminates a provision in Code chapter 235B
  6 10 relating to initiation of charges and penalties for dependent
  6 11 adult abuse, modifies the provision, and relocates it in Code
  6 12 chapter 726 (protection of the family and dependent persons),
  6 13 which is located in the criminal law portion of the Code.
  6 14    Under current law in Code section 235B.20, a caretaker who
  6 15 intentionally commits dependent adult abuse that results in
  6 16 serious injury to the dependent adult is guilty of a class "C"
  6 17 felony and if the abuse was committed in a reckless manner,
  6 18 the person is guilty of a class "D" felony.  Under current
  6 19 provisions, a caretaker who intentionally commits dependent
  6 20 adult abuse that results in physical injury is guilty of a
  6 21 class "C" felony and if the abuse was committed in a reckless
  6 22 manner, the person is guilty of an aggravated misdemeanor.
  6 23 Additionally, under current provisions, if a caretaker
  6 24 exploits a dependent adult, and the value of the property,
  6 25 assets or resources exceeds $100, the person is guilty of a
  6 26 class "D" felony, and if the value is $100 or less, the person
  6 27 is guilty of a simple misdemeanor.
  6 28    Under the bill, a caretaker who commits dependent adult
  6 29 abuse is subject to criminal penalties.  Under the bill, a
  6 30 caretaker commits dependent adult abuse if the caretaker
  6 31 through willful or negligent acts or omissions does any of the
  6 32 following:
  6 33    1.  Creates a substantial risk to a dependent adult's
  6 34 physical, mental, or emotional health or safety.
  6 35    2.  Uses unreasonable force, torture, or cruelty that
  7  1 results in bodily injury, or that is intended to cause serious
  7  2 injury.
  7  3    3.  Causes bodily injury to, unreasonably confines,
  7  4 unreasonably punishes, or assaults a dependent adult.
  7  5    4.  Evidences unreasonable force, torture, or cruelty, that
  7  6 causes substantial mental or emotional harm to a dependent
  7  7 adult.
  7  8    5.  Deprives a dependent adult of necessary food, clothing,
  7  9 shelter, health care, or supervision when the caretaker is
  7 10 reasonably able to make the necessary provisions and which
  7 11 deprivation substantially harms the dependent adult.
  7 12    6.  Permits the continuing physical or sexual abuse of a
  7 13 dependent adult.
  7 14    7.  With or against a dependent adult commits a sexual
  7 15 offense under Code chapter 709 or Code section 726.2.
  7 16    8.  Abandons the dependent adult to fend for the dependent
  7 17 adult's own self, knowing that the dependent adult is unable
  7 18 to do so.
  7 19    9.  Exploits a dependent adult by the act or process of
  7 20 taking financial resources or property from the dependent
  7 21 adult without the informed consent of the dependent adult,
  7 22 including by theft, undue influence, harassment, duress,
  7 23 deception, false representation, or false pretense.
  7 24    The bill provides that if a caretaker intentionally commits
  7 25 dependent adult abuse that results in serious or bodily
  7 26 injury, the person is guilty of a class "C" felony, and if the
  7 27 abuse was committed in a reckless manner, the person is guilty
  7 28 of a class "D" felony.  The bill provides that a caretaker who
  7 29 negligently commits dependent adult abuse resulting in serious
  7 30 or bodily injury is guilty of an aggravated misdemeanor.  If a
  7 31 caretaker commits dependent adult abuse that does not result
  7 32 in serious or bodily injury to a dependent adult, the person
  7 33 is guilty of a serious misdemeanor.  A person who exploits a
  7 34 dependent adult is guilty of a class "D" felony.
  7 35 LSB 5110HV 80
  8  1 rh/pj/5