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
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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
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