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 thedirector of human services and the 1 4 administrator of the division of child and family services of 1 5 the department of human services regardingdepartments 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 16a. A social worker.1 17b. A certified psychologist.1 18c.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 4d. 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 mayalsoenter 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