House File 259 - Introduced
HOUSE FILE
BY HOGG, T. TAYLOR, PETTENGILL,
DANDEKAR, FOEGE, D. TAYLOR,
and JACOBY
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to dependent adults and at=risk older adults.
2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
3 TLSB 1573HH 81
4 rh/sh/8
PAG LIN
1 1 Section 1. Section 231.56A, subsection 2, paragraph a,
1 2 Code 2005, is amended to read as follows:
1 3 a. Is the subject of a report of suspected dependent adult
1 4 abuse or is an at=risk older adult pursuant to chapter 235B.
1 5 Sec. 2. Section 235B.1, subsection 1, Code 2005, is
1 6 amended to read as follows:
1 7 1. The establishment of local or regional
1 8 multidisciplinary teams to assist in assessing the needs of,
1 9 formulating and monitoring a treatment plan for, and
1 10 coordinating services to victims of dependent adult abuse and
1 11 at=risk older adults. The membership of a team shall include
1 12 individuals who possess knowledge and skills related to the
1 13 diagnosis, assessment, and disposition of dependent adult
1 14 abuse cases and who are professionals practicing in the
1 15 disciplines of medicine, public health, mental health, social
1 16 work, law, law enforcement, or other disciplines relative to
1 17 dependent adults or at=risk older adults. Members of a team
1 18 shall include, but are not limited to, persons representing
1 19 the area agencies on aging, county attorneys, health care
1 20 providers, and other persons involved in advocating or
1 21 providing services to dependent adults.
1 22 Sec. 3. Section 235B.2, Code 2005, is amended by adding
1 23 the following new subsection:
1 24 NEW SUBSECTION. 0A. "At=risk older adult" means a person
1 25 sixty years of age or older who is living without the minimum
1 26 food, shelter, clothing, supervision, physical or mental
1 27 health care, or other care necessary to maintain the person's
1 28 life or health, or who is otherwise unable to maintain a safe
1 29 and independent living arrangement.
1 30 Sec. 4. NEW SECTION. 235B.3B AT=RISK OLDER ADULTS.
1 31 A person identified as an at=risk older adult who is not a
1 32 dependent adult shall be referred, where available, to a local
1 33 area agency on aging for evaluation under the elder abuse
1 34 initiative, emergency shelter, and support services projects
1 35 authorized pursuant to section 231.56A. If an elder abuse
2 1 initiative, emergency shelter, and support services project is
2 2 not available, a referral shall be made to a multidisciplinary
2 3 team established pursuant to section 235B.1. If there is no
2 4 active multidisciplinary team available, a referral shall be
2 5 made to any available local provider of aging services.
2 6 Sec. 5. Section 235B.19, subsection 1, Code 2005, is
2 7 amended to read as follows:
2 8 1. If the department determines that a dependent adult is
2 9 suffering from dependent adult abuse which presents an
2 10 immediate danger to the health or safety of the dependent
2 11 adult or which results in irreparable harm to the resources or
2 12 property of the dependent adult, and that the dependent adult
2 13 lacks capacity to consent to receive protective services, and
2 14 that no consent can be obtained, the department may petition
2 15 the court with probate jurisdiction in the county in which the
2 16 dependent adult resides for an emergency order authorizing
2 17 protective services.
2 18 Sec. 6. Section 235B.19, subsection 6, unnumbered
2 19 paragraph one, Code 2005, is amended to read as follows:
2 20 The Upon a finding of probable cause to believe that
2 21 dependent adult abuse has occurred and is either ongoing or is
2 22 likely to reoccur, the court may also enter orders as may be
2 23 appropriate to third persons enjoining them from specific
2 24 conduct. The orders may include temporary restraining orders
2 25 which impose criminal sanctions if violated. In instances of
2 26 self=denial of critical care, the court may enter temporary
2 27 orders authorizing the provision of support services in the
2 28 least restrictive environment for the adult. Temporary orders
2 29 entered pursuant to this subsection shall remain in effect for
2 30 a period of thirty days from the date of entry unless extended
2 31 for good cause. The court may enjoin third persons from any
2 32 of the following:
2 33 EXPLANATION
2 34 This bill relates to dependent adults and at=risk older
2 35 adults.
3 1 The bill provides that the target population of elder abuse
3 2 initiative, emergency shelter, and support services projects
3 3 authorized by the department of elder affairs shall include
3 4 at=risk older adults. "At=risk older adult" is defined as a
3 5 person 60 years of age or older who is living without the
3 6 minimum food, shelter, clothing, supervision, physical or
3 7 mental health care, or other care necessary to maintain the
3 8 person's life or health, or who is otherwise unable to
3 9 maintain a safe and independent living arrangement.
3 10 The bill also provides that a person identified as an at=
3 11 risk older adult who is not a dependent adult as defined in
3 12 Code section 235B.2 shall be referred, where available, to a
3 13 local area agency on aging for evaluation under the elder
3 14 abuse initiative, emergency shelter, and support services
3 15 projects. If an elder abuse initiative project is not
3 16 available, a referral shall be made to a multidisciplinary
3 17 team established pursuant to Code section 235B.1. If there is
3 18 no active multidisciplinary team available, a referral shall
3 19 be made to any available local provider of aging services.
3 20 The bill specifies that if the department of human services
3 21 determines a dependent adult is suffering from dependent adult
3 22 abuse which presents an immediate danger to the health or
3 23 safety of the dependent adult or which results in irreparable
3 24 harm to the resources or property of the dependent adult and
3 25 that the dependent adult lacks capacity to consent to receive
3 26 protective services and that no consent can be obtained, the
3 27 department of human services may petition the court with
3 28 probate jurisdiction in the county in which the dependent
3 29 adult resides for an emergency order authorizing protective
3 30 services.
3 31 The bill further provides that upon a finding of probable
3 32 cause to believe that dependent adult abuse has occurred and
3 33 is either ongoing or likely to reoccur, the court may enter
3 34 the necessary orders, including temporary restraining orders,
3 35 to third persons enjoining them from specific conduct, and
4 1 that in instances of self=denial of critical care, the court
4 2 may enter a temporary order authorizing the provision of
4 3 support services in the least restrictive environment for the
4 4 adult. Such an order shall remain in effect for 30 days
4 5 unless extended for good cause.
4 6 LSB 1573HH 81
4 7 rh:nh/sh/8