Senate
File
357
-
Introduced
SENATE
FILE
357
BY
BLACK
A
BILL
FOR
An
Act
relating
to
public
access
to
founded
dependent
adult
1
abuse
information.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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357
Section
1.
Section
235B.5,
Code
2011,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
3A.
The
department
shall
provide
dependent
3
adult
abuse
information
for
all
cases
of
founded
dependent
4
adult
abuse
in
an
electronic
format
on
the
department’s
5
internet
website
for
public
access,
provided
identifying
6
details
of
a
subject
of
a
founded
dependent
adult
abuse
report
7
issued
by
the
department
are
deleted
pursuant
to
section
8
235B.13.
9
Sec.
2.
Section
235B.6,
Code
2011,
is
amended
by
striking
10
the
section
and
inserting
in
lieu
thereof
the
following:
11
235B.6
Authorized
access.
12
1.
Founded
dependent
adult
abuse
information
including
13
dependent
adult
abuse
reports
for
all
cases
of
founded
14
dependent
adult
abuse
shall
be
public
records,
provided
any
15
identifying
details
of
the
subjects
of
such
information
are
16
deleted
prior
to
public
access.
17
2.
Access
to
unfounded
dependent
adult
abuse
information
is
18
authorized
only
to
the
following
persons:
19
a.
A
subject
of
a
report
including
all
of
the
following:
20
(1)
To
an
adult
named
in
a
report
as
a
victim
of
abuse
or
to
21
the
adult’s
attorney
or
guardian
ad
litem.
22
(2)
To
a
guardian
or
legal
custodian,
or
that
person’s
23
attorney,
of
an
adult
named
in
a
report
as
a
victim
of
abuse.
24
(3)
To
the
person
or
the
attorney
for
the
person
named
in
a
25
report
as
having
abused
an
adult.
26
b.
A
person
involved
in
an
investigation
of
dependent
adult
27
abuse
including
all
of
the
following:
28
(1)
An
employee
or
agent
of
the
department
responsible
for
29
the
investigation
of
a
dependent
adult
abuse
report
or
for
the
30
purpose
of
performing
record
checks
as
required
under
section
31
135C.33.
32
(2)
A
multidisciplinary
team,
if
the
department
of
human
33
services
approves
the
composition
of
the
multidisciplinary
team
34
and
determines
that
access
to
the
team
is
necessary
to
assist
35
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2261XS
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357
the
department
in
the
investigation,
diagnosis,
assessment,
and
1
disposition
of
a
case
of
dependent
adult
abuse.
2
(3)
The
mandatory
reporter
who
reported
the
dependent
adult
3
abuse
in
an
individual
case.
4
c.
Other
persons
including
all
of
the
following:
5
(1)
Registry
or
department
personnel
when
necessary
to
the
6
performance
of
their
official
duties
or
a
person
or
agency
7
under
contract
with
the
department
to
carry
out
official
duties
8
and
functions
of
the
registry.
9
(2)
The
state
or
a
local
long-term
care
resident’s
10
advocate
if
the
victim
resides
in
a
long-term
care
facility
11
or
the
alleged
perpetrator
is
an
employee
of
a
long-term
care
12
facility.
13
EXPLANATION
14
This
bill
requires
the
department
of
human
services
to
15
provide
dependent
adult
abuse
information
for
all
cases
of
16
founded
dependent
adult
abuse
in
an
electronic
format
on
the
17
department’s
internet
website
for
public
access,
provided
18
identifying
details
of
a
subject
of
a
founded
dependent
adult
19
abuse
report
issued
by
the
department
are
deleted.
20
Current
law
provides
all
dependent
adult
abuse
information
21
including
information
relating
to
founded
and
unfounded
cases
22
of
dependent
adult
abuse,
shall
be
confidential,
except
as
23
specifically
provided.
Access
to
both
founded
and
unfounded
24
dependent
adult
abuse
information
is
specifically
authorized
25
only
to
certain
persons
under
Code
chapter
235B.
26
The
bill
also
applies
to
founded
cases
of
dependent
adult
27
abuse
that
occur
in
certain
hospital
and
health
care
facilities
28
and
certain
elder
group
homes,
assisted
living
programs,
and
29
adult
day
service
programs
pursuant
to
Code
chapter
235E
(Code
30
section
235E.4).
31
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