House File 2111 - Introduced
HOUSE FILE
BY BELL
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to dependent adult abuse investigations,
2 findings, and appeals.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 5266HH 81
5 rh/je/5
PAG LIN
1 1 Section 1. Section 235B.3, Code 2005, is amended by adding
1 2 the following new subsection:
1 3 NEW SUBSECTION. 7A. Within ten days of completion of an
1 4 investigation of suspected dependent adult abuse, the
1 5 department of human services or an agency approved by the
1 6 department of human services shall mail a copy of the report
1 7 of the investigation by certified mail to the alleged
1 8 perpetrator of the dependent adult abuse.
1 9 Sec. 2. Section 235B.10, subsections 2 and 3, Code 2005,
1 10 are amended to read as follows:
1 11 2. A person may file with the department within six months
1 12 of the date of the notice of the results of an investigation,
1 13 a written statement to the effect that dependent adult abuse
1 14 information referring to the person is in whole or in part
1 15 erroneous, and may request a correction of that information or
1 16 of the findings of the investigation report. The department
1 17 shall provide the person with an opportunity for an
1 18 evidentiary hearing pursuant to chapter 17A to correct the
1 19 information or the findings, unless the department corrects
1 20 the information or findings as requested. The department
1 21 shall schedule an evidentiary hearing within sixty days of the
1 22 date of a person's request for a hearing pursuant to this
1 23 subsection unless good cause can be shown for an extension of
1 24 this limitation. The department shall delay the expungement
1 25 of information which is not determined to be founded until the
1 26 conclusion of a proceeding to correct the information or
1 27 findings. The department may defer the hearing until the
1 28 conclusion of a court case relating to the information or
1 29 findings.
1 30 3. The decision resulting from the hearing may be appealed
1 31 to the court of Polk county by the person requesting the
1 32 correction or to the court of the district in which the person
1 33 resides. Within ten days of a person's request for appeal,
1 34 the court shall respond to the person in writing acknowledging
1 35 that the person's appeal request has been received.
2 1 Immediately upon appeal the court shall order the department
2 2 to file with the court a certified copy of the dependent adult
2 3 abuse information. Appeal shall be taken in accordance with
2 4 chapter 17A.
2 5 EXPLANATION
2 6 This bill relates to dependent adult abuse investigations,
2 7 findings, and appeals.
2 8 The bill provides that within 10 days of completion of an
2 9 investigation of suspected dependent adult abuse, the
2 10 department of human services or an agency approved by the
2 11 department of human services shall mail a copy of the report
2 12 of the investigation by certified mail to the alleged
2 13 perpetrator of the dependent adult abuse.
2 14 The bill provides that the department of human services
2 15 shall schedule an evidentiary hearing on the veracity of
2 16 dependent adult abuse information referring to a person within
2 17 60 days of the date of the person's request for an evidentiary
2 18 hearing.
2 19 The bill further provides that the department of human
2 20 services shall respond to a person's request for an appeal
2 21 from an evidentiary hearing within 10 days of receipt of such
2 22 a request.
2 23 LSB 5266HH 81
2 24 rh:nh/je/5