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