House Study Bill 660
SENATE/HOUSE FILE
BY (PROPOSED DEPARTMENT OF
ELDER AFFAIRS BILL)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to dependent adult abuse and dependent adult
2 endangerment and providing penalties.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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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 4, Code 2003, is
1 8 amended to read as follows:
1 9 4. "Dependent adult" means a person eighteen years of age
1 10 or older who is unable to protect the person's own interests
1 11 or unable to adequately perform or obtain services necessary
1 12 to meet essential human needs, as a result of a physical or
1 13 mental condition which requires assistance from another, or a
1 14 person eighteen years of age or older who is certified for
1 15 residency in a health care facility pursuant to chapter 135C,
1 16 or as defined by departmental rule.
1 17 Sec. 3. Section 235B.3, subsection 2, Code Supplement
1 18 2003, is amended to read as follows:
1 19 2. All of the following persons shall report suspected
1 20 dependent adult abuse to the department:
1 21 a. A social worker.
1 22 b. A certified psychologist.
1 23 c. a. A person who, in the course of employment, examines,
1 24 attends, counsels, or treats a dependent adult and reasonably
1 25 believes the dependent adult has suffered abuse, including:
1 26 (1) A member of the staff of a community mental health
1 27 center, a member of the staff of a hospital, a member of the
1 28 staff or employee of a public or private health care facility
1 29 as defined in section 135C.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. In instances of self=denial
3 15 of critical care, the court may enter temporary orders
3 16 authorizing the provision of support services to the dependent
3 17 adult. Temporary orders entered pursuant to this subsection
3 18 shall remain in effect for a period of thirty days from the
3 19 date of entry unless extended for good cause. Third parties
3 20 enjoined under this subsection shall be provided notice of the
3 21 court order in accordance with court rules. The court may
3 22 enjoin third persons from any of the following:
3 23 Sec. 8. NEW SECTION. 726.9 DEPENDENT ADULT ENDANGERMENT.
3 24 1. A caretaker commits dependent adult endangerment when
3 25 the caretaker through willful or negligent acts or omissions
3 26 does any of the following:
3 27 a. Creates a substantial risk to a dependent adult's
3 28 physical, mental, or emotional health or safety.
3 29 b. Uses unreasonable force, torture, or cruelty that
3 30 results in bodily injury, or that is intended to cause serious
3 31 injury.
3 32 c. Causes bodily injury to, unreasonably confines,
3 33 unreasonably punishes, or assaults a dependent adult.
3 34 d. Evidences unreasonable force, torture, or cruelty that
3 35 causes substantial mental or emotional harm to a dependent
4 1 adult.
4 2 e. Deprives a dependent adult of necessary food, clothing,
4 3 shelter, health care, or supervision when the person is
4 4 reasonably able to make the necessary provisions and which
4 5 deprivation substantially harms the dependent adult.
4 6 f. Permits the continuing physical or sexual abuse of a
4 7 dependent adult.
4 8 g. With or against a dependent adult, commits a sexual
4 9 offense under chapter 709 or section 726.2.
4 10 h. Abandons the dependent adult to fend for the dependent
4 11 adult's own self, knowing that the dependent adult is unable
4 12 to do so.
4 13 i. Exploits the dependent adult by the act or process of
4 14 taking financial resources or property from the dependent
4 15 adult without the informed consent of the dependent adult,
4 16 including by theft, undue influence, harassment, duress,
4 17 deception, false representation, or false pretense.
4 18 2. A caretaker who intentionally commits dependent adult
4 19 endangerment resulting in serious or bodily injury to a
4 20 dependent adult is guilty of a class "C" felony.
4 21 3. A caretaker who recklessly commits dependent adult
4 22 endangerment resulting in serious or bodily injury to a
4 23 dependent adult is guilty of a class "D" felony.
4 24 4. A caretaker who commits dependent adult endangerment
4 25 not resulting in serious or bodily injury to a dependent adult
4 26 is guilty of an aggravated misdemeanor.
4 27 5. A caretaker who commits dependent adult endangerment by
4 28 exploiting a dependent adult by the act or process of taking
4 29 financial resources or property without the informed consent
4 30 of the dependent adult is guilty of a class "D" felony.
4 31 6. A caretaker alleged to have committed a violation of
4 32 this section shall be charged with the respective offense
4 33 cited, unless a charge may be brought based upon a more
4 34 serious offense, in which case the charge of the more serious
4 35 offense shall supercede the less serious charge.
5 1 7. For the purposes of this section, "dependent adult"
5 2 means dependent adult as defined in section 235B.2 and
5 3 "caretaker" means a caretaker as defined in section 235B.2.
5 4 Sec. 9. Section 235B.20, Code 2003, is repealed.
5 5 EXPLANATION
5 6 This bill relates to dependent adult abuse.
5 7 The bill provides that the dependent adult abuse advisory
5 8 council is to advise not only the director of human services
5 9 and the administrator of the division of child and family
5 10 services regarding dependent adult abuse, but is to advise the
5 11 departments charged with addressing dependent adult abuse.
5 12 The bill defines "dependent adult" to include a person 18
5 13 years of age or older who is certified for residency in a
5 14 health care facility or as defined by departmental rule.
5 15 The bill specifies that the persons who are required to
5 16 report suspected dependent adult abuse do not include all
5 17 social workers and certified psychologists, but only those
5 18 social workers and certified psychologists who, in the course
5 19 of employment, examine, attend, counsel, or treat a dependent
5 20 adult and who reasonably believe the dependent adult has
5 21 suffered abuse. The bill eliminates persons who perform
5 22 inspections of elder group homes and resident advocate
5 23 committee members assigned to elder group homes from the list
5 24 of persons required to report suspected dependent adult abuse.
5 25 The bill adds licensed funeral directors to this list. In
5 26 addition, the bill specifies that an employee of a financial
5 27 institution may report cases of suspected financial
5 28 exploitation to the department of human services.
5 29 The bill specifies that a petition for an order authorizing
5 30 the provision of protective services or authorizing an
5 31 emergency order for protective services is to be filed with
5 32 the district court in the county in which the dependent adult
5 33 resides. The bill also provides that if the department of
5 34 human services finds that dependent adult abuse has occurred
5 35 and is ongoing or likely to reoccur, the department may
6 1 petition the court for injunctive relief against the alleged
6 2 perpetrator and directs that the court may enter temporary
6 3 orders as appropriate. The bill eliminates the court's
6 4 discretion to include temporary restraining orders which
6 5 impose criminal sanctions. The bill also provides that if the
6 6 court enters a temporary order, the order remains in effect
6 7 for 30 days unless extended for good cause. Third parties
6 8 enjoined under these provisions are to be provided notice of
6 9 the court order in accordance with court rules.
6 10 The bill eliminates a provision in Code chapter 235B
6 11 relating to initiation of charges and penalties for dependent
6 12 adult abuse, modifies the provision, and relocates it in Code
6 13 chapter 726 (protection of the family and dependent persons),
6 14 which is located in the criminal law portion of the Code.
6 15 This provision has been retitled "dependent adult
6 16 endangerment".
6 17 Under current law in Code section 235B.20, a caretaker who
6 18 intentionally commits dependent adult abuse that results in
6 19 serious injury to the dependent adult is guilty of a class "C"
6 20 felony and if the abuse was committed in a reckless manner,
6 21 the person is guilty of a class "D" felony. Under current
6 22 provisions, a caretaker who intentionally commits dependent
6 23 adult abuse that results in physical injury is guilty of a
6 24 class "C" felony and if the abuse was committed in a reckless
6 25 manner, the person is guilty of an aggravated misdemeanor.
6 26 Additionally, under current provisions, if a caretaker
6 27 exploits a dependent adult, and the value of the property,
6 28 assets or resources exceeds $100, the person is guilty of a
6 29 class "D" felony, and if the value is $100 or less, the person
6 30 is guilty of a simple misdemeanor.
6 31 Under the bill, a caretaker who commits dependent adult
6 32 endangerment is subject to criminal penalties. Under the
6 33 bill, a caretaker commits dependent adult endangerment if the
6 34 caretaker through willful or negligent acts or omissions does
6 35 any of the following:
7 1 1. Creates a substantial risk to a dependent adult's
7 2 physical, mental, or emotional health or safety.
7 3 2. Uses unreasonable force, torture, or cruelty that
7 4 results in bodily injury, or that is intended to cause serious
7 5 injury.
7 6 3. Causes bodily injury to, unreasonably confines,
7 7 unreasonably punishes, or assaults a dependent adult.
7 8 4. Evidences unreasonable force, torture, or cruelty, that
7 9 causes substantial mental or emotional harm to a dependent
7 10 adult.
7 11 5. Deprives a dependent adult of necessary food, clothing,
7 12 shelter, health care, or supervision when the caretaker is
7 13 reasonably able to make the necessary provisions and which
7 14 deprivation substantially harms the dependent adult.
7 15 6. Permits the continuing physical or sexual abuse of a
7 16 dependent adult.
7 17 7. With or against a dependent adult commits a sexual
7 18 offense under Code chapter 709 or Code section 726.2.
7 19 8. Abandons the dependent adult to fend for the dependent
7 20 adult's own self, knowing that the dependent adult is unable
7 21 to do so.
7 22 9. Exploits a dependent adult by the act or process of
7 23 taking financial resources or property from the dependent
7 24 adult without the informed consent of the dependent adult,
7 25 including by theft, undue influence, harassment, duress,
7 26 deception, false representation, or false pretense.
7 27 The bill provides that if a caretaker intentionally commits
7 28 dependent adult endangerment that results in serious or bodily
7 29 injury, the person is guilty of a class "C" felony, and if the
7 30 endangerment was committed in a reckless manner, the person is
7 31 guilty of a class "D" felony. If a person commits dependent
7 32 adult endangerment that does not result in serious or bodily
7 33 injury to a dependent adult, the person is guilty of an
7 34 aggravated misdemeanor. A person who exploits a dependent
7 35 adult is guilty of a class "D" felony.
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