House File 118 - Introduced HOUSE FILE BY DANDEKAR, PETTENGILL, PETERSEN, WISE, BAILEY, JACOBY, OLDSON, HEDDENS, D. OLSON, SHOMSHOR, WENTHE, KELLEY, MERTZ, GAYMAN, STAED, ABDUL=SAMAD, BERRY, PALMER, T. OLSON, HUSER, WHITAKER, BUKTA, FREVERT, D. TAYLOR, KRESSIG, H. MILLER, REICHERT, LYKAM, GASKILL, WHITEAD, WENDT, KUHN, T. TAYLOR, QUIRK, REASONER, LENSING, WESSEL=KROESCHELL, WINCKLER, HUNTER, SWAIM, THOMAS, FOEGE, R. OLSON, MASCHER, and SCHUELLER 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 1158YH 82 4 rh/sh/8 PAG LIN 1 1 Section 1. Section 231.56A, subsection 2, paragraph a, 1 2 Code 2007, 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 2007, 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 2007, is amended by adding 1 23 the following new subsections: 1 24 NEW SUBSECTION. 0A. "At=risk older adult" means a person 1 25 sixty years of age or older who is not able or willing to 1 26 maintain the person's life or health, or who is otherwise 1 27 unable to maintain a safe and independent living arrangement. 1 28 NEW SUBSECTION. 12A. "Self=denial of critical care" means 1 29 living without the minimum food, shelter, clothing, 1 30 supervision, physical or mental health care, or other care 1 31 necessary to maintain a dependent adult's or at=risk older 1 32 adult's life or health as a result of the acts or omissions of 1 33 the dependent adult or at=risk older adult. 1 34 Sec. 4. NEW SECTION. 235B.3B AT=RISK OLDER ADULTS. 1 35 A person identified as an at=risk older adult who is not a 2 1 dependent adult shall be referred, where available, to a local 2 2 area agency on aging for evaluation under the elder abuse 2 3 initiative, emergency shelter, and support services projects 2 4 authorized pursuant to section 231.56A. If an elder abuse 2 5 initiative, emergency shelter, and support services project is 2 6 not available, a referral shall be made to a multidisciplinary 2 7 team established pursuant to section 235B.1. If there is no 2 8 active multidisciplinary team available, a referral shall be 2 9 made to any available local provider of aging services. 2 10 Sec. 5. Section 235B.19, subsection 7, unnumbered 2 11 paragraph 1, Code 2007, is amended to read as follows: 2 12 Upon a finding of probable cause to believe that dependent 2 13 adult abuse has occurred and is either ongoing or is likely to 2 14 reoccur, the court may also enter orders as may be appropriate 2 15 to third persons enjoining them from specific conduct. The 2 16 orders may include temporary restraining orders which impose 2 17 criminal sanctions if violated. In instances of self=denial 2 18 of critical care, the court may enter temporary orders 2 19 authorizing the provision of support services in the least 2 20 restrictive environment for the adult. Temporary orders 2 21 entered pursuant to this subsection shall remain in effect for 2 22 a period of thirty days from the date of entry unless extended 2 23 for good cause. The court may enjoin third persons from any 2 24 of the following: 2 25 EXPLANATION 2 26 This bill relates to dependent adults and at=risk older 2 27 adults. 2 28 The bill provides that the target population of elder abuse 2 29 initiative, emergency shelter, and support services projects 2 30 authorized by the department of elder affairs shall include 2 31 at=risk older adults. "At=risk older adult" is defined as a 2 32 person 60 years of age or older who is not able or willing to 2 33 maintain the person's life or health, or who is otherwise 2 34 unable to maintain a safe and independent living arrangement. 2 35 The bill also provides that a person identified as an at= 3 1 risk older adult who is not a dependent adult as defined in 3 2 Code section 235B.2 shall be referred, where available, to a 3 3 local area agency on aging for evaluation under the elder 3 4 abuse initiative, emergency shelter, and support services 3 5 projects. If an elder abuse initiative project is not 3 6 available, a referral shall be made to a multidisciplinary 3 7 team established pursuant to Code section 235B.1. If there is 3 8 no active multidisciplinary team available, a referral shall 3 9 be made to any available local provider of aging services. 3 10 The bill further provides that in instances of self=denial 3 11 of critical care, the court may enter a temporary order 3 12 authorizing the provision of support services in the least 3 13 restrictive environment for the adult. Such an order shall 3 14 remain in effect for 30 days unless extended for good cause. 3 15 "Self=denial of critical care" means living without the 3 16 minimum food, shelter, clothing, supervision, physical or 3 17 mental health care, or other care necessary to maintain a 3 18 dependent adult's or at=risk older adult's life or health as a 3 19 result of the acts or omissions of the dependent adult or 3 20 at=risk older adult. 3 21 LSB 1158YH 82 3 22 rh:nh/sh/8.1