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