House File 544 - Introduced
HOUSE FILE
BY PAULSEN, ELGIN, and
UPMEYER
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to dependent adults and the provision of
2 protective services.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 2957YH 81
5 rh/cf/24
PAG LIN
1 1 Section 1. Section 235B.18, subsections 1 and 4, Code
1 2 2005, are amended to read as follows:
1 3 1. If the department reasonably determines that a
1 4 dependent adult is a victim of dependent adult abuse and lacks
1 5 capacity to consent to the receipt of protective services, the
1 6 department may petition the district court in the county in
1 7 which the dependent adult resides for an order authorizing the
1 8 provision of protective services. The petition shall allege
1 9 specific facts sufficient to demonstrate that the dependent
1 10 adult is in need of protective services and lacks capacity to
1 11 consent to the receipt of services.
1 12 4. A determination by the court that a dependent adult
1 13 lacks the capacity to consent to the receipt of protective
1 14 services under this chapter shall not affect incompetency
1 15 proceedings under sections 633.552 through 633.556 or any
1 16 other proceedings, and incompetency proceedings under sections
1 17 633.552 through 633.556 shall not have a conclusive effect on
1 18 the question of capacity to consent to the receipt of
1 19 protective services under this chapter. A person previously
1 20 adjudicated as incompetent under the relevant provisions of
1 21 chapter 633 is entitled to the care, protection, and services
1 22 under this chapter.
1 23 Sec. 2. Section 235B.19, subsection 1, Code 2005, is
1 24 amended to read as follows:
1 25 1. If the department determines that a dependent adult is
1 26 suffering from dependent adult abuse which presents an
1 27 immediate danger to the health or safety of the dependent
1 28 adult, or which results in irreparable harm to the resources
1 29 or property of the dependent adult, and that the dependent
1 30 adult lacks capacity to consent to receive protective
1 31 services, and that no consent can be obtained, the department
1 32 may petition the court with probate jurisdiction in the county
1 33 in which the dependent adult resides for an emergency order
1 34 authorizing protective services.
1 35 Sec. 3. Section 235B.19, subsection 3, unnumbered
2 1 paragraph 1, Code 2005, is amended to read as follows:
2 2 Upon finding that there is probable cause to believe that
2 3 the dependent adult abuse presents an immediate threat to the
2 4 health or safety of the dependent adult or which results in
2 5 irreparable harm to the resources or property of the dependent
2 6 adult, and that the dependent adult lacks capacity to consent
2 7 to the receipt of services, the court may do any of the
2 8 following:
2 9 Sec. 4. Section 235B.19, subsection 5, Code 2005, is
2 10 amended to read as follows:
2 11 5. If the department cannot obtain an emergency order
2 12 under this section due to inaccessibility of the court, the
2 13 department may contact law enforcement to remove the dependent
2 14 adult to safer surroundings, authorize the provision of
2 15 medical treatment, and order the provision of or provide other
2 16 available services necessary to remove conditions creating the
2 17 immediate danger to the health or safety of the dependent
2 18 adult or which are producing irreparable harm to the resources
2 19 or property of the dependent adult. The department shall
2 20 obtain an emergency order under this section not later than
2 21 four p.m. on the first succeeding business day after the date
2 22 on which protective or other services are provided. If the
2 23 department does not obtain an emergency order within the
2 24 prescribed time period, the department shall cease providing
2 25 protective services and, if necessary, make arrangements for
2 26 the immediate return of the person to the place from which the
2 27 person was removed, to the person's place of residence in the
2 28 state, or to another suitable place. A person, agency, or
2 29 institution acting in good faith in removing a dependent adult
2 30 or in providing services under this subsection, and an
2 31 employer of or person under the direction of such a person,
2 32 agency, or institution, shall have immunity from any
2 33 liability, civil or criminal, that might otherwise be incurred
2 34 or imposed as the result of the removal or provision of
2 35 services.
3 1 Sec. 5. Section 235B.19, subsection 6, unnumbered
3 2 paragraph 1, Code 2005, is amended to read as follows:
3 3 The Upon a finding of probable cause to believe that
3 4 dependent adult abuse has occurred and is either ongoing or is
3 5 likely to reoccur, the court may also enter orders as may be
3 6 appropriate to third persons enjoining them from specific
3 7 conduct. The orders may include temporary restraining orders
3 8 which impose criminal sanctions if violated. The court may
3 9 enjoin third persons from any of the following:
3 10 EXPLANATION
3 11 This bill relates to dependent adults and the provision of
3 12 protective services.
3 13 The bill specifies that the department of human services
3 14 may petition the district court in the county in which a
3 15 dependent adult resides for an order authorizing the provision
3 16 of protective services, and that persons previously
3 17 adjudicated as incompetent under the relevant provisions of
3 18 Code chapter 633 (Iowa probate code) are entitled to the care,
3 19 protection, and services under Code chapter 235B (dependent
3 20 adult abuse).
3 21 The bill specifies that if the department of human services
3 22 determines a dependent adult is suffering from dependent adult
3 23 abuse which presents an immediate danger to the health or
3 24 safety of the dependent adult or which results in irreparable
3 25 harm to the resources or property of the dependent adult and
3 26 that the dependent adult lacks capacity to consent to receive
3 27 protective services and that no consent can be obtained, the
3 28 department of human services may petition the court with
3 29 probate jurisdiction in the county in which the dependent
3 30 adult resides for an emergency order authorizing protective
3 31 services.
3 32 The bill further provides that upon a finding of probable
3 33 cause to believe that dependent adult abuse has occurred and
3 34 is either ongoing or likely to reoccur, the court may enter
3 35 the necessary orders, including temporary restraining orders,
4 1 to third persons enjoining them from specific conduct.
4 2 LSB 2957YH 81
4 3 rh:nh/cf/24