SF 2145 (LSB 5795XS (13) 85)

SENATE FILE 2145

BY  DVORSKY

A BILL FOR

An Act relating to elder and dependent adult abuse, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I

ELDER AND DEPENDENT ADULT ABUSE
    Section 1.  Section 235B.1, Code 2014, is amended to read as follows:
   235B.1  Dependent Elder and dependent adult abuse services.

   The department shall establish and operate a an elder and dependent adult abuse services program. The program shall emphasize the reporting and evaluation of cases of abuse of an elder or a dependent adult who is unable to protect the adult’s own interests or unable to perform activities necessary to meet essential human needs. The program shall include but is not limited to:

   1.  The establishment of local or regional multidisciplinary teams to assist in assessing the needs of, formulating and monitoring a treatment plan for, and coordinating services to victims of elder or dependent adult abuse. The membership of a team shall include individuals who possess knowledge and skills related to the diagnosis, assessment, and disposition of elder and dependent adult abuse cases and who are professionals practicing in the disciplines of medicine, public health, mental health, social work, law, law enforcement, or other disciplines relative to elders and dependent adults. Members of a team shall include but are not limited to persons representing the area agencies on aging, county attorneys, health care providers, and other persons involved in advocating or providing services to elders or dependent adults.
   2.  Provisions for information sharing and case consultation among service providers, care providers, and victims of elder or dependent adult abuse.
   3.  Procedures for referral of cases among service providers, including the referral of victims of elder or dependent adult abuse residing in licensed health care facilities.
   4.  a.  The establishment of a an elder and dependent adult protective advisory council. The advisory council shall do all of the following:
   (1)  Advise the director of human services, the director of the department on aging, the director of the department of inspections and appeals, the director of public health, the director of the department of corrections, and the director of the department of human rights regarding elder and dependent adult abuse.
   (2)  Evaluate state law and rules and make recommendations to the general assembly and to executive branch departments regarding laws and rules concerning elders and dependent adults.
   (3)  Receive and review recommendations and complaints from the public, health care facilities, and health care programs concerning the elder and dependent adult abuse services program.
   b.  (1)  The advisory council shall consist of twelve members. Eight members shall be appointed by and serve at the pleasure of the governor. Four of the members appointed shall be appointed on the basis of knowledge and skill related to expertise in the area of elder and dependent adult abuse including professionals practicing in the disciplines of medicine, public health, mental health, long-term care, social work, law, and law enforcement. Two of the members appointed shall be members of the general public with an interest in the area of elder and dependent adult abuse and two of the members appointed shall be members of the Iowa caregivers association. In addition, the membership of the council shall include the director or the director’s designee of the department of human services, the department on aging, the Iowa department of public health, and the department of inspections and appeals.
   (2)  The members of the advisory council shall be appointed to terms of four years beginning May 1. Appointments shall comply with sections 69.16 and 69.16A. Vacancies shall be filled in the same manner as the original appointment.
   (3)  Members shall receive actual expenses incurred while serving in their official capacity.
   (4)  The advisory council shall select a chairperson, annually, from its membership.
    Sec. 2.  Section 235B.2, Code 2014, is amended to read as follows:
   235B.2  Definitions.

   As used in this chapter, unless the context otherwise requires:

   1.  a.  “Abuse” means:
   (1)  Any of the following as a result of the willful, reckless, or negligent acts or omissions of an individual other than the elder or dependent adult:
   (a)  Physical injury to, or injury which is at a variance with the history given of the injury, or unreasonable confinement, unreasonable punishment, or assault of an elder or a dependent adult.
   (b)  The commission of a sexual offense under chapter 709 or section 726.2 with or against an elder or a dependent adult.
   (c)  Financial exploitation of an elder or dependent adult which means the illegal, unauthorized, or improper use of an elder’s or dependent adult’s funds, property, or assets for the personal or pecuniary profit or benefit of a person other than the elder or dependent adult. Financial exploitation includes but is not limited to obtaining the use of an elder’s or dependent adult’s funds, property, or other assets through undue influence, harassment, duress, deception, or misrepresentation for the profit or benefit of a person other than the elder or dependent adult.
   (d)  The deprivation of the minimum food, shelter, clothing, supervision, physical or mental health care, or other care necessary to maintain an elder’s or a dependent adult’s life or health.
   (2)  The deprivation of the minimum food, shelter, clothing, supervision, physical or mental health care, and other care necessary to maintain a dependent adult’s life or health as a result of the acts or omissions of the dependent adult.
   (3)  (a)  Sexual exploitation of an elder or a dependent adult by an individual other than the elder or dependent adult.
   (b)  “Sexual exploitation of an elder” means any nonconsensual sexual conduct with an elder which includes but is not limited to kissing; touching of the clothed or unclothed inner thigh, breast, groin, buttock, anus, pubes, or genitals; or a sex act, as defined in section 702.17. “Sexual exploitation of an elder” includes the nonconsensual transmission, display, taking of electronic images of the unclothed breast, groin, buttock, anus, pubes, or genitals of an elder by another person for a purpose not related to treatment or diagnosis or as part of an ongoing assessment, evaluation, or investigation. “Sexual exploitation of an elder” does not include touching which is part of a necessary examination, treatment, or care by a caretaker acting within the scope of the practice or employment of the caretaker; the exchange of a brief touch or hug between the elder and a caretaker for the purpose of reassurance, comfort, or casual friendship; or touching between spouses or domestic partners.
   (c)  “Sexual exploitation of a dependent adult” means any consensual or nonconsensual sexual conduct with a dependent adult which includes but is not limited to kissing; touching of the clothed or unclothed inner thigh, breast, groin, buttock, anus, pubes, or genitals; or a sex act, as defined in section 702.17. “Sexual exploitation of a dependent adult” includes the transmission, display, taking of electronic images of the unclothed breast, groin, buttock, anus, pubes, or genitals of a dependent adult by another person for a purpose not related to treatment or diagnosis or as part of an ongoing assessment, evaluation, or investigation. “Sexual exploitation of a dependent adult” does not include touching which is part of a necessary examination, treatment, or care by a caretaker acting within the scope of the practice or employment of the caretaker; the exchange of a brief touch or hug between the dependent adult and a caretaker for the purpose of reassurance, comfort, or casual friendship; or touching between spouses or domestic partners.
   b.  “Abuse” does not include any of the following:
   (1)  Circumstances in which an elder or a dependent adult declines medical treatment if the elder or dependent adult holds a belief or is an adherent of a religion whose tenets and practices call for reliance on spiritual means in place of reliance on medical treatment.
   (2)  Circumstances in which an elder’s or a dependent adult’s caretaker, acting in accordance with the elder’s or dependent adult’s stated or implied consent, declines medical treatment if the elder or dependent adult holds a belief or is an adherent of a religion whose tenets and practices call for reliance on spiritual means in place of reliance on medical treatment.
   (3)  The withholding or withdrawing of health care from an elder or a dependent adult who is terminally ill in the opinion of a licensed physician, when the withholding or withdrawing of health care is done at the request of the elder or dependent adult or at the request of the elder’s or dependent adult’s next of kin, attorney in fact, or guardian pursuant to the applicable procedures under chapter 125, 144A, 144B, 222, 229, or 633.
   (4)  Good-faith assistance by a family or household member or other person in managing the financial affairs of an elder or dependent adult at the request of the elder or a dependent adult, or a family member, guardian, or conservator of the elder or dependent adult.
   1.  2.  “Caretaker” means a related or nonrelated person who has the responsibility for all or a portion of the protection, care, or custody of an elder or a dependent adult as a result of assuming the responsibility voluntarily, by contract, through employment, or by order of the court.
   2.  3.  “Court” means the district court.
   3.  4.  “Department” means the department of human services.
   4.  5.  “Dependent adult” means a person eighteen years of age or older who is unable to protect the person’s own interests or unable to adequately perform or obtain services necessary to meet essential human needs, as a result of a physical or mental condition which requires assistance from another, or as defined by departmental rule.
   5.  a.  6.  “Dependent adult abuse” means: abuse of a dependent adult.
   (1)  Any of the following as a result of the willful or negligent acts or omissions of a caretaker:
   (a)  Physical injury to, or injury which is at a variance with the history given of the injury, or unreasonable confinement, unreasonable punishment, or assault of a dependent adult.
   (b)  The commission of a sexual offense under chapter 709 or section 726.2 with or against a dependent adult.
   (c)  Exploitation of a dependent adult which means the act or process of taking unfair advantage of a dependent adult or the adult’s physical or financial resources for one’s own personal or pecuniary profit, without the informed consent of the dependent adult, including theft, by the use of undue influence, harassment, duress, deception, false representation, or false pretenses.
   (d)  The deprivation of the minimum food, shelter, clothing, supervision, physical or mental health care, or other care necessary to maintain a dependent adult’s life or health.
   (2)  The deprivation of the minimum food, shelter, clothing, supervision, physical or mental health care, and other care necessary to maintain a dependent adult’s life or health as a result of the acts or omissions of the dependent adult.
   (3)  (a)  Sexual exploitation of a dependent adult by a caretaker.
   (b)  “Sexual exploitation” means any consensual or nonconsensual sexual conduct with a dependent adult which includes but is not limited to kissing; touching of the clothed or unclothed inner thigh, breast, groin, buttock, anus, pubes, or genitals; or a sex act, as defined in section 702.17. “Sexual exploitation” includes the transmission, display, taking of electronic images of the unclothed breast, groin, buttock, anus, pubes, or genitals of a dependent adult by a caretaker for a purpose not related to treatment or diagnosis or as part of an ongoing assessment, evaluation, or investigation. Sexual exploitation does not include touching which is part of a necessary examination, treatment, or care by a caretaker acting within the scope of the practice or employment of the caretaker; the exchange of a brief touch or hug between the dependent adult and a caretaker for the purpose of reassurance, comfort, or casual friendship; or touching between spouses.
   b.  “Dependent adult abuse” does not include any of the following:
   (1)  Circumstances in which the dependent adult declines medical treatment if the dependent adult holds a belief or is an adherent of a religion whose tenets and practices call for reliance on spiritual means in place of reliance on medical treatment.
   (2)  Circumstances in which the dependent adult’s caretaker, acting in accordance with the dependent adult’s stated or implied consent, declines medical treatment if the dependent adult holds a belief or is an adherent of a religion whose tenets and practices call for reliance on spiritual means in place of reliance on medical treatment.
   (3)  The withholding or withdrawing of health care from a dependent adult who is terminally ill in the opinion of a licensed physician, when the withholding or withdrawing of health care is done at the request of the dependent adult or at the request of the dependent adult’s next of kin, attorney in fact, or guardian pursuant to the applicable procedures under chapter 125, 144A, 144B, 222, 229, or 633.
   7.  “Elder” means a resident of this state who is sixty-five years of age or older.
   8.  “Elder abuse” means abuse of an elder.
   6.  9.  “Emergency shelter services” means and includes, but is not limited to, secure crisis shelters or housing for victims of elder or dependent adult abuse.
   7.  10.  “Family or household member” means a spouse, a person cohabiting with the elder or dependent adult, a parent, or a person related to the elder or dependent adult by consanguinity or affinity, but does not include children of the elder or dependent adult who are less than eighteen years of age.
   8.  11.  “Immediate danger to health or safety” means a situation in which death or severe bodily injury could reasonably be expected to occur without intervention.
   9.  12.  “Individual employed as an outreach person” means a natural person who, in the course of employment, makes regular contacts with elder or dependent adults regarding available community resources.
   10.  13.  “Legal holiday” means a legal public holiday as defined in section 1C.1.
   11.  14.  “Person” means person as defined in section 4.1.
   12.  15.  “Recklessly” means that a person acts or fails to act with respect to a material element of a public offense, when the person is aware of and consciously disregards a substantial and unjustifiable risk that the material element exists or will result from the act or omission. The risk must be of such a nature and degree that disregard of the risk constitutes a gross deviation from the standard conduct that a reasonable person would observe in the situation.
   13.  16.  “Serious injury” means the same as defined in section 702.18.
   14.  17.  “Support services” includes but is not limited to community-based services including area agency on aging assistance, mental health services, fiscal management, home health services, housing-related services, counseling services, transportation services, adult day services, respite services, legal services, and advocacy services.
    Sec. 3.  Section 235B.3, Code 2014, is amended to read as follows:
   235B.3  Dependent Elder and dependent adult abuse reports.
   1.  a.  (1)  The department shall receive elder and dependent adult abuse reports and shall collect, maintain, and disseminate the reports by establishing a central registry for elder and dependent adult abuse information. The department shall evaluate the reports expeditiously.
   (2)  However, the department of inspections and appeals is solely responsible for the evaluation and disposition of dependent adult abuse cases within facilities and programs pursuant to chapter 235E and shall inform the department of human services of such evaluations and dispositions pursuant to section 235E.2.
   (3)  If, in the course of an assessment or evaluation of a report of elder or dependent adult abuse, the department of human services or the department of inspections and appeals determines the case involves wages, workplace safety, or other labor and employment matters under the jurisdiction of the division of labor services of the department of workforce development, the relevant portions of the case shall be referred to the division.
   (4)  If, in the course of an assessment or evaluation of a report of elder or dependent adult abuse, the department of human services or the department of inspections and appeals determines that the case involves discrimination under the jurisdiction of the civil rights commission, the relevant portions of the case shall be referred to the commission.
   b.  Reports of elder or dependent adult abuse which is are the result of the acts or omissions of the elder or dependent adult shall be collected and maintained in the files of the elder or dependent adult as assessments only and shall not be included in the central registry.
   c.  A report of elder or dependent adult abuse that meets the definition of dependent adult abuse under section 235B.2, subsection 5 1, paragraph “a”, subparagraph (1), subparagraph division (a) or (d), which the department determines is minor, isolated, and unlikely to reoccur shall be collected and maintained by the department as an assessment only for a five-year period and shall not be included in the central registry and shall not be considered to be founded elder or dependent adult abuse. However, a subsequent report of elder or dependent adult abuse that meets the definition of elder or dependent adult abuse under section 235B.2, subsection 5 1, paragraph “a”, subparagraph (1), subparagraph division (a) or (d), that occurs within the five-year period and that is committed by the caretaker person responsible for the act or omission which was the subject of the previous report of elder or dependent adult abuse which the department determined was minor, isolated, and unlikely to reoccur shall not be considered minor, isolated, and unlikely to reoccur.
   2.  A person who, in the course of employment, examines, attends, counsels, or treats a an elder or dependent adult and reasonably believes the elder or dependent adult has suffered abuse, shall report the suspected elder or dependent adult abuse to the department.  If the person making the report has reason to believe that immediate protection for the elder or dependent adult is advisable, the person shall also make an oral report to an appropriate law enforcement agency. Persons required to report include all of the following:
   a.  A member of the staff of a community mental health center.
   b.  A peace officer.
   c.  An in-home homemaker-home health aide.
   d.  An individual employed as an outreach person.
   e.  A health practitioner, as defined in section 232.68.
   f.  A member of the staff or an employee of a supported community living service, sheltered workshop, or work activity center.
   g.  A social worker.
   h.  A certified psychologist.
   3.  a.  If a staff member or employee is required to report pursuant to this section, the person shall immediately notify the department and shall also immediately notify the person in charge or the person’s designated agent.
   b.  The employer or supervisor of a person who is required to or may make a report pursuant to this section shall not apply a policy, work rule, or other requirement that interferes with the person making a report of elder or dependent adult abuse or that results in the failure of another person to make the report.
   4.  An employee of a financial institution may report suspected financial exploitation of an elder or a dependent adult to the department.
   5.  Any other person who believes that an elder or a dependent adult has suffered abuse may report the suspected abuse to the department of human services.
   6.  Following the reporting of suspected elder or dependent adult abuse, the department of human services or an agency approved by the department shall complete an assessment of necessary services and shall make appropriate referrals for receipt of these services. The assessment shall include interviews with the elder or dependent adult, and, if appropriate, with the alleged perpetrator of the elder or dependent adult abuse and with any person believed to have knowledge of the circumstances of the case. The department may provide necessary protective services and may establish a sliding fee schedule for those persons able to pay a portion of the protective services.
   7.  Upon a showing of probable cause that an elder or a dependent adult has been abused, a court may authorize a person, also authorized by the department, to make an evaluation, to enter the residence of, and to examine the elder or dependent adult. Upon a showing of probable cause that an elder or a dependent adult has been financially exploited, a court may authorize a person, also authorized by the department, to make an evaluation, and to gain access to the financial records of the elder or dependent adult.
   8.  If the department determines that disclosure is necessary for the protection of an elder or a dependent adult, the department may disclose to a subject of an elder or a dependent adult abuse report referred to in section 235B.6, subsection 2, paragraph “a”, that an individual is listed in the child or elder and dependent adult abuse registry or is required to register with the sex offender registry in accordance with chapter 692A.
   9.  The department shall inform the appropriate county attorneys of any reports of elder or dependent adult abuse. The department may request information from any person believed to have knowledge of a case of elder or dependent adult abuse. The person, including but not limited to a county attorney, a law enforcement agency, a multidisciplinary team, a social services agency in the state, or any person who is required pursuant to subsection 2 to report elder or dependent adult abuse, whether or not the person made the specific elder or dependent adult abuse report, shall cooperate and assist in the evaluation upon the request of the department. If the department’s assessment reveals that elder or dependent adult abuse exists which might constitute a criminal offense, a report shall be made to the appropriate law enforcement agency. County attorneys and appropriate law enforcement agencies shall also take any other lawful action necessary or advisable for the protection of the elder or dependent adult.
   a.  If, upon completion of the evaluation or upon referral from the department of inspections and appeals, the department determines that the best interests of the elder or dependent adult require court action, the department shall initiate action for the appointment of a guardian or conservator or for admission or commitment to an appropriate institution or facility pursuant to the applicable procedures under chapter 125, 222, 229, or 633, or shall pursue other remedies provided by law. The appropriate county attorney shall assist the department in the preparation of the necessary papers to initiate the action and shall appear and represent the department at all district court proceedings.
   b.  The department shall assist the court during all stages of court proceedings involving a suspected case of elder or dependent adult abuse.
   c.  In every case involving abuse which is substantiated by the department and which results in a judicial proceeding on behalf of the elder or dependent adult, legal counsel shall be appointed by the court to represent the elder or dependent adult in the proceedings. The court may also appoint a guardian ad litem to represent the elder or dependent adult if necessary to protect the elder’s or dependent adult’s best interests. The same attorney may be appointed to serve both as legal counsel and as guardian ad litem. Before legal counsel or a guardian ad litem is appointed pursuant to this section, the court shall require the elder or dependent adult and any person legally responsible for the support of the elder or dependent adult to complete under oath a detailed financial statement. If, on the basis of that financial statement, the court deems that the elder or dependent adult or the legally responsible person is able to bear all or a portion of the cost of the legal counsel or guardian ad litem, the court shall so order. In cases where the elder or dependent adult or the legally responsible person is unable to bear the cost of the legal counsel or guardian ad litem, the expense shall be paid by the county.
   10.  A person participating in good faith in reporting or cooperating with or assisting the department in evaluating a case of elder or dependent adult abuse has immunity from liability, civil or criminal, which might otherwise be incurred or imposed based upon the act of making the report or giving the assistance. The person has the same immunity with respect to participating in good faith in a judicial proceeding resulting from the report or cooperation or assistance or relating to the subject matter of the report, cooperation, or assistance.
   11.  It shall be unlawful for any person or employer to discharge, suspend, or otherwise discipline a person required to report or voluntarily reporting an instance of suspected elder or dependent adult abuse pursuant to subsection 2 or 5, or cooperating with, or assisting the department of human services in evaluating a case of elder or dependent adult abuse, or participating in judicial proceedings relating to the reporting or cooperation or assistance based solely upon the person’s reporting or assistance relative to the instance of elder or dependent adult abuse. A person or employer found in violation of this subsection is guilty of a simple misdemeanor.
   12.  A person required by this section to report a suspected case of elder or dependent adult abuse who knowingly and willfully fails to do so commits a simple misdemeanor. A person required by this section to report a suspected case of elder or dependent adult abuse who knowingly fails to do so or who knowingly, in violation of subsection 3, interferes with the making of such a report or applies a requirement that results in such a failure is civilly liable for the damages proximately caused by the failure.
   13.  The department of inspections and appeals shall adopt rules which require facilities or programs to separate an alleged elder or dependent adult abuser from a victim following an allegation of perpetration of abuse and prior to the completion of an investigation of the allegation.
    Sec. 4.  Section 235B.3A, Code 2014, is amended to read as follows:
   235B.3A  Prevention of additional abuse —— notification of rights.

   If a peace officer has reason to believe that elder or dependent adult abuse, which is criminal in nature, has occurred, the officer shall use all reasonable means to prevent further abuse, including but not limited to any of the following:

   1.  If requested, remaining on the scene as long as there is a danger to the elder’s or dependent adult’s physical safety without the presence of a peace officer, including but not limited to staying in the dwelling unit, or if unable to remain at the scene, assisting the elder or dependent adult in leaving the residence and securing support services or emergency shelter services.
   2.  Assisting the elder or dependent adult in obtaining medical treatment necessitated by the elder or dependent adult abuse, including providing assistance to the elder or dependent adult in obtaining transportation to the emergency room of the nearest hospital.
   3.  Providing a the elder or dependent adult with immediate and adequate notice of the elder’s or dependent adult’s rights. The notice shall consist of handing the elder or dependent adult a document that includes the telephone numbers of shelters, support groups, and crisis lines operating in the area and contains a copy of the following written statement; requesting the elder or dependent adult to read the card; and asking the elder or dependent adult whether the elder or dependent adult understands the rights:
  a.  You have the right to ask the court for the following help on a temporary basis:

  (1)  Keeping the alleged perpetrator away from you, your home, and your place of work.

  (2)  The right to stay at your home without interference from the alleged perpetrator.

  (3)  Professional counseling for you, your family, or household members, and the alleged perpetrator of the elder or dependent adult abuse.

  b.  If you are in need of medical treatment, you have the right to request that the peace officer present assist you in obtaining transportation to the nearest hospital or otherwise assist you.

  c.  If you believe that police protection is needed for your physical safety, you have the right to request that the peace officer present remain at the scene until you and other affected parties can leave or safety is otherwise ensured.
    Sec. 5.  Section 235B.4, Code 2014, is amended to read as follows:
   235B.4  Legislative findings and purposes.
   1.  The general assembly finds and declares that a central registry is required to provide a single source for the statewide collection, maintenance, and dissemination of elder and dependent adult abuse information. Such a registry is imperative for increased effectiveness in dealing with the problem of elder and dependent adult abuse. The general assembly also finds that vigorous protection of rights of individual privacy is an indispensable element of a fair and effective system of collecting, maintaining, and disseminating elder and dependent adult abuse information.
   2.  The purposes of this section and sections 235B.5 to 235B.13 are to facilitate the identification of victims or potential victims of elder or dependent adult abuse by making available a single, statewide source of elder and dependent adult abuse data; to facilitate research on elder and dependent adult abuse by making available a single, statewide source of elder and dependent adult abuse data; and to provide maximum safeguards against the unwarranted invasions of privacy which such a registry might otherwise entail.
    Sec. 6.  Section 235B.5, Code 2014, is amended to read as follows:
   235B.5  Creation and maintenance of a central registry.
   1.  There is created within the department a central registry for elder and dependent adult abuse information. The department shall organize and staff the registry and adopt rules for its operation.
   2.  The registry shall collect, maintain, and disseminate elder and dependent adult abuse information as provided in this chapter.
   3.  The department shall maintain a toll-free telephone line, which shall be available on a twenty-four-hour-a-day, seven-day-a-week basis and which the department and all other persons may use to report cases of suspected elder or dependent adult abuse and that all persons authorized by this chapter may use for obtaining elder and dependent adult abuse information.
   4.  An oral report of suspected elder or dependent adult abuse initially made to the central registry shall be immediately transmitted by the department to the appropriate county department of human services or law enforcement agency, or both.
   5.  An oral report of suspected elder or dependent adult abuse initially made to the central registry regarding a facility or program as defined in section 235E.1 shall be transmitted by the department to the department of inspections and appeals on the first working day following the submitting of the report.
   6.  The registry, upon receipt of a report of suspected elder or dependent adult abuse, shall search the records of the registry, and if the records of the registry reveal any previous report of elder or dependent adult abuse involving the same elder or dependent adult or if the records reveal any other pertinent information with respect to the same elder or dependent adult, the appropriate office of the department of human services or the appropriate law enforcement agency shall be immediately notified of that fact.
   7.  The central registry shall include but not be limited to report data, investigation data, and disposition data.
    Sec. 7.  Section 235B.6, Code 2014, is amended to read as follows:
   235B.6  Authorized access.
   1.  Notwithstanding chapter 22, the confidentiality of all elder and dependent adult abuse information shall be maintained, except as specifically provided by subsections 2 and 3.
   2.  Access to elder and dependent adult abuse information other than unfounded elder or dependent adult abuse information is authorized only to the following persons:
   a.  A subject of a report including all of the following:
   (1)  To an elder or a dependent adult named in a report as a victim of abuse or to the elder’s or a dependent adult’s attorney or guardian ad litem.
   (2)  To a guardian or legal custodian, or that person’s attorney, of an elder or a dependent adult named in a report as a victim of abuse.
   (3)  To the person or the attorney for the person named in a report as having abused an elder or a dependent adult.
   b.  A person involved in an investigation of elder or dependent adult abuse including all of the following:
   (1)  A health practitioner or mental health professional who is examining, attending, or treating an elder or a dependent adult whom such practitioner or professional believes or has reason to believe has been the victim of abuse or to a health practitioner or mental health professional whose consultation with respect to an elder or a dependent adult believed to have been the victim of abuse is requested by the department.
   (2)  An employee or agent of the department responsible for the investigation of an elder or a dependent adult abuse report or for the purpose of performing record checks as required under section 135C.33.
   (3)  A representative of the department involved in the certification or accreditation of an agency or program providing care or services to an elder or a dependent adult believed to have been a victim of abuse.
   (4)  A law enforcement officer responsible for assisting in an investigation of an elder or a dependent adult abuse allegation.
   (5)  A multidisciplinary team, if the department of human services approves the composition of the multidisciplinary team and determines that access to the team is necessary to assist the department in the investigation, diagnosis, assessment, and disposition of a case of elder or dependent adult abuse.
   (6)  The mandatory reporter who reported the elder or dependent adult abuse in an individual case.
   (7)  Each board specified under chapter 147 and the Iowa department of public health for the purpose of licensure, certification or registration, disciplinary investigation, or the renewal of licensure, certification or registration, or disciplinary proceedings of health care professionals.
   c.  A person providing care to an elder or a dependent adult including all of the following:
   (1)  A licensing authority for a facility, including a facility or program defined in section 235E.1, providing care to an elder or a dependent adult named in a report.
   (2)  A person authorized as responsible for the care or supervision of an elder or a dependent adult named in a report as a victim of abuse or a person named in a report as having abused an elder or a dependent adult if the court or registry deems access to elder or dependent adult abuse information by such person to be necessary.
   (3)  An employee or agent of the department responsible for registering or licensing or approving the registration or licensing of a person, or to an individual a person providing care to an elder or a dependent adult and regulated by the department.
   (4)  The legally authorized protection and advocacy agency recognized pursuant to section 135C.2 if a person identified in the information as a victim or a perpetrator of abuse resided in or receives services from a facility, including a facility or program defined in section 235E.1, or agency because the person is diagnosed as having a developmental disability or a mental illness.
   (5)  To an administrator of an agency certified by the department of human services to provide services under a medical assistance home and community-based services waiver, if the information concerns a person employed by or being considered by the agency for employment.
   (6)  To the administrator of an agency providing mental health, intellectual disability, or developmental disability services under a county management plan developed pursuant to section 331.439, if the information concerns a person employed by or being considered by the agency for employment.
   (7)  To an administrator of a hospital licensed under chapter 135B if the data concerns a person employed or being considered for employment by the hospital.
   (8)  An employee of an agency requested by the department to provide case management or other services to the elder or dependent adult.
   d.  Relating to judicial and administrative proceedings, persons including all of the following:
   (1)  A court upon a finding that information is necessary for the resolution of an issue arising in any phase of a case involving elder or dependent adult abuse.
   (2)  A court or agency hearing an appeal for correction of elder or dependent adult abuse information as provided in section 235B.10.
   (3)  An expert witness or a witness who testifies at any stage of an appeal necessary for correction of elder or dependent adult abuse information as provided in section 235B.10.
   (4)  A court or administrative agency making a determination regarding an unemployment compensation claim pursuant to section 96.6.
   e.  Other persons including all of the following:
   (1)  A person conducting bona fide research on elder or dependent adult abuse, but without information identifying individuals named in an elder or a dependent adult abuse report, unless having that information open to review is essential to the research or evaluation and the authorized registry officials give prior written approval and the elder or dependent adult, the elder’s or dependent adult’s guardian or guardian ad litem, and the person named in a report as having abused an elder or a dependent adult give permission to release the information.
   (2)  Registry or department personnel when necessary to the performance of their official duties or a person or agency under contract with the department to carry out official duties and functions of the registry.
   (3)  The department of justice for the sole purpose of the filing of a claim for reparation pursuant to sections 915.21 and 915.84.
   (4)  A legally constituted adult protection agency of another state which is investigating or treating an elder or a dependent adult named in a report as having been abused.
   (5)  The attorney for the department who is responsible for representing the department.
   (6)  A health care facility administrator or the administrator’s designee, following the appeals process, for the purpose of hiring staff or continued employment of staff.
   (7)  To the administrator of an agency providing care to an elder or a dependent adult in another state, for the purpose of performing an employment background check.
   (8)  To the superintendent, or the superintendent’s designee, of a school district or to the authorities in charge of an accredited nonpublic school for purposes of a volunteer or employment record check.
   (9)  The department of inspections and appeals for purposes of record checks of applicants for employment with the department of inspections and appeals.
   (10)  The state or a local long-term care ombudsman if the victim resides in or the alleged perpetrator is an employee of a long-term care facility as defined in section 231.4.
   (11)  The state office or a local office of substitute decision maker as defined in section 231E.3, if the information relates to the provision of legal services for a client served by the state or local office of substitute decision maker.
   (12)  A nursing program that is approved by the state board of nursing under section 152.5, if the information relates to a record check performed pursuant to section 152.5.
   (13)  To the board of educational examiners created under chapter 272 for purposes of determining whether a license, certificate, or authorization should be issued, denied, or revoked.
   (14)  The department on aging for the purposes of conducting background checks of applicants for employment with the department on aging.
   (15)  To the Iowa veterans home for purposes of record checks of potential volunteers and volunteers in the Iowa veterans home.
   (16)  To the administrator of a certified nurse aide program, if the data relates to a record check of a student of the program performed pursuant to section 135C.33.
   (17)  To the administrator of a juvenile detention or shelter care home, if the data relates to a record check of an existing or prospective employee, resident, or volunteer for or in the home.
   (18)  To the employer or prospective employer of a school bus driver for purposes of an employment record check.
   f.  To a person who submits written authorization from an individual allowing the person access to information on the determination only on whether or not the individual who authorized the access is named in a founded elder or dependent adult abuse report as having abused an elder or a dependent adult.
   3.  Access to unfounded elder or dependent adult abuse information is authorized only to those persons identified in subsection 2, paragraph “a”, paragraph “b”, subparagraphs (2), (5), and (6), and paragraph “e”, subparagraphs (2) and (10).
    Sec. 8.  Section 235B.7, Code 2014, is amended to read as follows:
   235B.7  Requests for elder or dependent adult abuse information.
   1.  Requests for elder or dependent adult abuse information shall be in writing on forms prescribed by the department, except as otherwise provided by subsection 2. Request forms shall require information sufficient to demonstrate authorized access.
   2.  Requests for elder or dependent adult abuse information may be made orally by telephone if a person making the request believes that the information is needed immediately and if information sufficient to demonstrate authorized access is provided. If a request is made orally by telephone, a written request form shall be filed within seventy-two hours of the oral request.
   3.  Subsections 1 and 2 do not apply to elder or dependent adult abuse information that is disseminated to an employee of the department or to the attorney representing the department as authorized by section 235B.6.
    Sec. 9.  Section 235B.8, Code 2014, is amended to read as follows:
   235B.8  Redissemination of elder or dependent adult abuse information.
   1.  A recipient of elder or dependent adult abuse information authorized to receive the information shall not redisseminate the information, except that redissemination shall be permitted when all of the following conditions apply:
   a.  The redissemination is for official purposes in connection with prescribed duties or, in the case of a health practitioner, pursuant to professional responsibilities.
   b.  The person to whom such information would be redisseminated would have independent access to the same information under section 235B.6.
   c.  A written record is made of the redissemination, including the name of the recipient and the date and purpose of the redissemination.
   d.  The written record is forwarded to the registry within thirty days of the redissemination.
   2.  The department may notify, orally, the mandatory reporter in an individual elder or dependent adult abuse case of the results of the case investigation and of the confidentiality provisions of sections 235B.6 and 235B.12. The department shall subsequently transmit a written notice to the mandatory reporter of the results and confidentiality provisions. A copy of the written notice shall be transmitted to the registry and shall be maintained by the registry as provided in section 235B.9.
    Sec. 10.  Section 235B.9, Code 2014, is amended to read as follows:
   235B.9  Sealing and expungement of elder or dependent adult abuse information.
   1.  Dependent Elder and dependent adult abuse information which is determined by a preponderance of the evidence to be founded, shall be sealed ten years after the receipt of the initial report of such abuse by the registry unless good cause is shown why the information should remain open to authorized access. If a subsequent report of founded elder or dependent adult abuse involving the elder or dependent adult named in the initial report as the victim of abuse or a person named in such report as having abused an elder or a dependent adult is received by the registry within the ten-year period, the information shall be sealed ten years after receipt of the subsequent report unless good cause is shown why the information should remain open to authorized access.
   2.  a.  Dependent Elder or dependent adult abuse reports that are rejected for evaluation, assessment, or disposition for failure to meet the definition of elder or dependent adult abuse shall be expunged three years from the rejection date.
   b.  Dependent Elder or dependent adult abuse information which is determined by a preponderance of the evidence to be unfounded shall be expunged five years from the date it is determined to be unfounded.
   3.  However, if a correction of elder or dependent adult abuse information is requested under section 235B.10 and the issue is not resolved at the end of one year the information shall be retained until the issue is resolved and if the elder or dependent adult abuse information is not determined to be founded, the information shall be expunged one year from the date it is determined to be unfounded.
   4.  The registry, at least annually, shall review and determine the current status of elder or dependent adult abuse reports which are at least one year old and in connection with which no investigatory report has been filed by the department. If no investigatory report has been filed, the registry shall request the department to file a report. If a report is not filed within ninety days subsequent to a request, the report and relative information shall be sealed and remain sealed unless good cause is shown why the information should remain open to authorized access.
   5.  Dependent Elder or dependent adult abuse information which is determined to be minor, isolated, and unlikely to reoccur shall be expunged five years after the receipt of the initial report by the department. If a subsequent report of elder or dependent adult abuse committed by the caretaker person responsible for the act or omission which was the subject of the previous report of elder or dependent adult abuse which the department determined was minor, isolated, and unlikely to reoccur is received by the department within the five-year period, the information shall be sealed ten years after receipt of the subsequent report unless good cause can be shown why the information should remain open to authorized access.
    Sec. 11.  Section 235B.10, Code 2014, is amended to read as follows:
   235B.10  Examination, requests for correction or expungement and appeal.
   1.  Any person or that person’s attorney shall have the right to examine elder and dependent adult abuse information in the registry which refers to that person. The registry may prescribe reasonable hours and places of examination.
   2.  A person may file with the department within six months of the date of the notice of the results of an investigation, a written statement to the effect that elder or dependent adult abuse information referring to the person is in whole or in part erroneous, and may request a correction of that information or of the findings of the investigation report. The department shall provide the person with an opportunity for an evidentiary hearing pursuant to chapter 17A to correct the information or the findings, unless the department corrects the information or findings as requested. The department shall delay the expungement of information which is not determined to be founded until the conclusion of a proceeding to correct the information or findings. The department may defer the hearing until the conclusion of a court case relating to the information or findings.
   3.  The decision resulting from the hearing may be appealed to the court of Polk county by the person requesting the correction or to the court of the district in which the person resides. Immediately upon appeal the court shall order the department to file with the court a certified copy of the elder or dependent adult abuse information. Appeal shall be taken in accordance with chapter 17A.
   4.  Upon the request of the appellant, the record and evidence in such cases shall be closed to all but the court and its officers, and access to the record and evidence shall be prohibited unless otherwise ordered by the court. The clerk shall maintain a separate docket for such actions. A person other than the appellant shall not permit a copy of the testimony or pleadings or the substance of the testimony or pleadings to be made available to any person other than a party to the action or the party’s attorney. Violation of the provisions of this subsection shall be a public offense punishable under section 235B.12.
   5.  If the registry corrects or eliminates information as requested or as ordered by the court, the registry shall advise all persons who have received the incorrect information of the fact. Upon application to the court and service of notice on the registry, an individual a person may request and obtain a list of all persons who have received elder or dependent adult abuse information referring to the individual person.
   6.  In the course of any proceeding provided for by this section, the identity of the person who reported the disputed information and the identity of any person who has been reported as having abused an elder or a dependent adult may be withheld upon a determination by the registry that disclosure of the person’s identity would be detrimental to the person’s interest.
    Sec. 12.  Section 235B.11, Code 2014, is amended to read as follows:
   235B.11  Civil remedy.

   Any aggrieved person may institute a civil action for damages under chapter 669 or 670 or to restrain the dissemination of elder or dependent adult abuse information in violation of this chapter, and any person proven to have disseminated or to have requested and received elder or dependent adult abuse information in violation of this chapter shall be liable for actual damages and exemplary damages for each violation and shall be liable for court costs, expenses, and reasonable attorney’s fees incurred by the party bringing the action. In no case shall the award for damages be less than five hundred dollars.
    Sec. 13.  Section 235B.12, Code 2014, is amended to read as follows:
   235B.12  Criminal penalties.
   1.  Any person who willfully requests, obtains, or seeks to obtain elder or dependent adult abuse information under false pretenses, or who willfully communicates or seeks to communicate elder or dependent adult abuse information to any person except in accordance with sections 235B.6 through 235B.8, or any person connected with any research authorized pursuant to section 235B.6 who willfully falsifies elder or dependent adult abuse information or any records relating to the information is guilty of a serious misdemeanor. Any person who knowingly, but without criminal purposes, communicates or seeks to communicate elder or dependent adult abuse information except in accordance with sections 235B.6 through 235B.8 is guilty of a simple misdemeanor.
   2.  Any reasonable grounds for belief that a person has violated any provision of this chapter is grounds for the immediate withdrawal of any authorized access the person might otherwise have to elder or dependent adult abuse information.
    Sec. 14.  Section 235B.13, Code 2014, is amended to read as follows:
   235B.13  Registry reports.
   1.  The registry may compile statistics, conduct research, and issue reports on elder and dependent adult abuse, provided identifying details of the subjects of elder or dependent adult abuse reports are deleted from any report issued.
   2.  The registry shall issue an annual report on its administrative operation, including information as to the number of requests for elder or dependent adult abuse data, the proportion of requests attributable to each type of authorized access, the frequency and nature of irregularities, and other pertinent matters.
    Sec. 15.  Section 235B.16, Code 2014, is amended to read as follows:
   235B.16  Information, education, and training requirements.
   1.  The department on aging, in cooperation with the department, shall conduct a public information and education program. The elements and goals of the program include but are not limited to:
   a.  Informing the public regarding the laws governing elder and dependent adult abuse and the reporting requirements for dependent adult abuse.
   b.  Providing caretakers with information regarding services to alleviate the emotional, psychological, physical, or financial stress associated with the caretaker and elder or dependent adult relationship.
   c.  Affecting public attitudes regarding the role of an elder or a dependent adult in society.
   2.  The department, in cooperation with the department on aging and the department of inspections and appeals, shall institute a program of education and training for persons, including members of provider groups and family members, who may come in contact with elder or dependent adult abuse. The program shall include but is not limited to instruction regarding recognition of elder and dependent adult abuse and the procedure for the reporting of suspected abuse.
   3.  The content of the continuing education required pursuant to chapter 272C for a licensed professional providing care or service to an elder or a dependent adult shall include, but is not limited to, the responsibilities, obligations, powers, and duties of a person regarding the reporting of suspected elder or dependent adult abuse, and training to aid the professional in identifying instances of elder or dependent adult abuse.
   4.  The department of inspections and appeals shall provide training to investigators regarding the collection and preservation of evidence in the case of suspected elder or dependent adult abuse.
   5.  a.  For the purposes of this subsection, “licensing board” means a board designated in section 147.13, the board of educational examiners created in section 272.2, or a licensing board as defined in section 272C.1.
   b.  A person required to report cases of elder or dependent adult abuse pursuant to sections 235B.3 and 235E.2, other than a physician whose professional practice does not regularly involve providing primary health care to adults, shall complete two hours of training relating to the identification and reporting of elder or dependent adult abuse within six months of initial employment or self-employment which involves the examination, attending, counseling, or treatment of adults on a regular basis. Within one month of initial employment or self-employment, the person shall obtain a statement of the elder and dependent adult abuse reporting requirements from the person’s employer or, if self-employed, from the department. The person shall complete at least two hours of additional elder and dependent adult abuse identification and reporting training every five years.
   c.  If the person is an employee of a hospital or similar public or private facility, the employer shall be responsible for providing the training. To the extent that the employer provides approved training on the employer’s premises, the hours of training completed by employees shall be included in the calculation of nursing or service hours required to be provided to a patient or resident per day. If the person is self-employed, employed in a licensed or certified profession, or employed by a facility or program that is subject to licensure, regulation, or approval by a state agency, the person shall obtain the training as provided in paragraph “d”.
   d.  The person may complete the initial or additional training requirements as a part of any of the following that are applicable to the person:
   (1)  A continuing education program required under chapter 272C and approved by the appropriate licensing board.
   (2)  A training program using a curriculum approved by the director of public health pursuant to section 135.11.
   (3)  A training program using such an approved curriculum offered by the department of human services, the department on aging, the department of inspections and appeals, the Iowa law enforcement academy, or a similar public agency.
   e.  A person required to complete both child abuse and elder and dependent adult abuse mandatory reporter training may complete the training through a program which combines child abuse and elder and dependent adult abuse curricula and thereby meet the training requirements of both this subsection and section 232.69 simultaneously. A person who is a mandatory reporter for both child abuse and elder and dependent adult abuse may satisfy the combined training requirements of this subsection and section 232.69 through completion of a two-hour training program, if the training program curriculum is approved by the appropriate licensing board or the director of public health pursuant to section 135.11.
   f.  A licensing board with authority over the license of a person required to report cases of elder and dependent adult abuse pursuant to sections 235B.3 and 235E.2 shall require as a condition of licensure that the person is in compliance with the requirements for abuse training under this subsection. The licensing board shall require the person upon licensure renewal to accurately document for the licensing board the person’s completion of the training requirements. However, the licensing board may adopt rules providing for waiver or suspension of the compliance requirements, if the waiver or suspension is in the public interest, applicable to a person who is engaged in active duty in the military service of this state or of the United States, to a person for whom compliance with the training requirements would impose a significant hardship, or to a person who is practicing a licensed profession outside this state or is otherwise subject to circumstances that would preclude the person from encountering elder or dependent adult abuse in this state.
   g.  For persons required to report cases of elder and dependent adult abuse pursuant to sections 235B.3 and 235E.2, who are not engaged in a licensed profession that is subject to the authority of a licensing board but are employed by a facility or program subject to licensure, registration, or approval by a state agency, the agency shall require as a condition of the renewal of the facility’s or program’s licensure, registration, or approval, that such persons employed by the facility or program are in compliance with the training requirements of this subsection.
   h.  For peace officers, the elected or appointed official designated as the head of the agency employing the peace officer shall ensure compliance with the training requirements of this subsection.
   i.  For persons required to report cases of elder and dependent adult abuse pursuant to sections 235B.3 and 235E.2 who are employees of state departments and political subdivisions of the state, the department director or the chief administrator of the political subdivision shall ensure the persons’ compliance with the training requirements of this subsection.
   6.  The department shall require an educational program for employees of the registry on the proper use and control of elder and dependent adult abuse information.
    Sec. 16.  Section 235B.16A, subsection 1, Code 2014, is amended to read as follows:
   1.  The elder and dependent adult protective advisory council established pursuant to section 235B.1 shall recommend a uniform assessment instrument and process for adoption and use by the department of human services and other agencies involved with assessing a dependent adult’s degree of dependency and determining whether dependent adult abuse has occurred. However, this section shall not apply to dependent adult abuse assessments and determinations made under chapter 235E.
    Sec. 17.  Section 235B.17, Code 2014, is amended to read as follows:
   235B.17  Provision of protective services with the consent of elder or dependent adult —— caretaker refusal.
   1.  If a caretaker of an elder or a dependent adult, who consents to the receipt of protective services, refuses to allow provision of the services, the department may petition the court with probate jurisdiction in the county in which the elder or dependent adult resides for an order enjoining the caretaker from interfering with the provision of services.
   2.  The petition shall be verified and shall allege specific facts sufficient to demonstrate that the elder or dependent adult is in need of protective services and consents to the provision of services and that the caretaker refuses to allow provision of the services. The petition shall include all of the following:
   a.  The name, date of birth, and address of the elder or dependent adult alleged to be in need of protective services.
   b.  The protective services required.
   c.  The name and address of the caretaker refusing to allow the provision of services.
   3.  The court shall set the case for hearing within fourteen days of the filing of the petition. The elder or dependent adult and the caretaker refusing to allow the provision of services shall receive at least five days’ notice of the hearing.
   4.  If the judge finds by clear and convincing evidence that the elder or dependent adult is in need of protective services and consents to the services and that the caretaker refuses to allow the services, the judge may issue an order enjoining the caretaker from interfering with the provision of the protective services.
    Sec. 18.  Section 235B.18, Code 2014, is amended to read as follows:
   235B.18  Provision of services to elder or dependent adult who lacks capacity to consent —— hearing —— findings.
   1.  If the department reasonably determines that an elder or a dependent adult is a victim of elder or dependent adult abuse and lacks capacity to consent to the receipt of protective services, the department may petition the district court in the county in which the elder or dependent adult resides for an order authorizing the provision of protective services. The petition shall allege specific facts sufficient to demonstrate that the elder or dependent adult is in need of protective services and lacks capacity to consent to the receipt of services.
   2.  The petition specified in subsection 1 shall be verified and shall include all of the following:
   a.  The name, date of birth, and address of the elder or dependent adult alleged to be in need of protective services.
   b.  The nature of the elder or dependent adult abuse.
   c.  The protective services required.
   3.  The court shall set the case for hearing within fourteen days of the filing of the petition. The elder or dependent adult shall receive at least five days’ notice of the hearing. The elder or dependent adult has the right to be present and represented by counsel at the hearing. If the elder or dependent adult, in the determination of the judge, lacks the capacity to waive the right of counsel, the court may appoint a guardian ad litem for the elder or dependent adult.
   4.  If, at the hearing, the judge finds by clear and convincing evidence that the elder or dependent adult is in need of protective services and lacks the capacity to consent to the receipt of protective services, the judge may issue an order authorizing the provision of protective services. The order may include the designation of a person to be responsible for performing or obtaining protective services on behalf of the elder or dependent adult or otherwise consenting to the receipt of protective services on behalf of the elder or dependent adult. Within sixty days of the appointment of such a person the court shall conduct a review to determine if a petition shall be initiated in accordance with section 633.552 for good cause shown. The court may extend the sixty-day period for an additional sixty days, at the end of which the court shall conduct a review to determine if a petition shall be initiated in accordance with section 633.552. A An elder or a dependent adult shall not be committed to a mental health facility under this section.
   5.  A determination by the court that an elder or a dependent adult lacks the capacity to consent to the receipt of protective services under this chapter shall not affect incompetency proceedings under sections 633.552 through 633.556 or any other proceedings, and incompetency proceedings under sections 633.552 through 633.556 shall not have a conclusive effect on the question of capacity to consent to the receipt of protective services under this chapter. A person previously adjudicated as incompetent under the relevant provisions of chapter 633 is entitled to the care, protection, and services under this chapter.
   6.  This section shall not be construed and is not intended as and shall not imply a grant of entitlement for services to persons who are not otherwise eligible for the services or for utilization of services which do not currently exist or are not otherwise available.
    Sec. 19.  Section 235B.19, Code 2014, is amended to read as follows:
   235B.19  Emergency order for protective services.
   1.  If the department determines that an elder or a dependent adult is suffering from elder or dependent adult abuse which presents an immediate danger to the health or safety of the elder or dependent adult or which results in irreparable harm to the physical or financial resources or funds, property, or assets of the elder or dependent adult, and that the elder or dependent adult lacks capacity to consent to receive protective services and that no consent can be obtained, the department may petition the court with probate jurisdiction in the county in which the elder or dependent adult resides for an emergency order authorizing protective services.
   2.  The petition shall be verified and shall include all of the following:
   a.  The name, date of birth, and address of the elder or dependent adult who needs protective services.
   b.  The nature of the elder or dependent adult abuse.
   c.  The services required.
   3.  a.  The department shall serve a copy of the petition and any order authorizing protective services, if issued, on the elder or dependent adult and on persons who are competent adults and reasonably ascertainable at the time the petition is filed in accordance with the following priority, as applicable:
   (1)  An attorney in fact named by the elder or dependent adult in a durable power of attorney for health care pursuant to chapter 144B.
   (2)  The elder’s or dependent adult’s spouse.
   (3)  The elder’s or dependent adult’s children.
   (4)  The elder’s or dependent adult’s grandchildren.
   (5)  The elder’s or dependent adult’s siblings.
   (6)  The elder’s or dependent adult’s aunts and uncles.
   (7)  The elder’s or dependent adult’s nieces and nephews.
   (8)  The elder’s or dependent adult’s cousins.
   b.  When the department has served a person in one of the categories specified in paragraph “a”, the department shall not be required to serve a person in any other category.
   c.  The department shall serve the elder’s or dependent adult’s copy of the petition and order personally upon the elder or dependent adult. Service of the petition and all other orders and notices shall be in a sealed envelope with the proper postage on the envelope, addressed to the person being served at the person’s last known post office address, and deposited in a mail receptacle provided by the United States postal service. The department shall serve such copies of emergency orders authorizing protective services and notices within three days after filing the petition and receiving such orders.
   d.  The department and all persons served by the department with notices under this subsection shall be prohibited from all of the following without prior court approval after the department’s petition has been filed:
   (1)  Selling, removing, or otherwise disposing of the elder’s or dependent adult’s personal property.
   (2)  Withdrawing funds from any bank, savings association, credit union, or other financial institution, or from an account containing securities in which the elder or dependent adult has an interest.
   4.  Upon finding that there is probable cause to believe that the elder or dependent adult abuse presents an immediate threat to the health or safety of the elder or dependent adult or which results in irreparable harm to the physical or financial resources or property of the elder or dependent adult, and that the elder or dependent adult lacks capacity to consent to the receipt of services, the court may do any of the following:
   a.  Order removal of the elder or dependent adult to safer surroundings.
   b.  Order the provision of medical services.
   c.  Order the provision of other available services necessary to remove conditions creating the danger to health or safety, including the services of peace officers or emergency services personnel and the suspension of the powers granted to a guardian or conservator and the subsequent appointment of a new temporary guardian or new temporary conservator pursuant to subsection 5 pending a decision by the court on whether the powers of the initial guardian or conservator should be reinstated or whether the initial guardian or conservator should be removed.
   5.  a.  Notwithstanding sections 633.552 and 633.573, upon a finding that there is probable cause to believe that the elder or dependent adult abuse presents an immediate danger to the health or safety of the elder or dependent adult or is producing irreparable harm to the physical or financial resources or property of the elder or dependent adult, and that the elder or dependent adult lacks capacity to consent to the receipt of services, the court may order the appointment of a temporary guardian or temporary conservator without notice to the elder or dependent adult or the elder’s or dependent adult’s attorney if all of the following conditions are met:
   (1)  It clearly appears from specific facts shown by affidavit or by the verified petition that an elder’s or a dependent adult’s decision-making capacity is so impaired that the elder or dependent adult is unable to care for the elder’s or dependent adult’s personal safety or to attend to or provide for the elder’s or dependent adult’s basic necessities or that immediate and irreparable injury, loss, or damage will result to the physical or financial resources or property of the elder or dependent adult before the elder or dependent adult or the elder’s or dependent adult’s attorney can be heard in opposition.
   (2)  The department certifies to the court in writing any efforts the department has made to give the notice or the reasons supporting the claim that notice should not be required.
   (3)  The department files with the court a request for a hearing on the petition for the appointment of a temporary guardian or temporary conservator.
   (4)  The department certifies that the notice of the petition, order, and all filed reports and affidavits will be sent to the elder or dependent adult by personal service within the time period the court directs but not more than seventy-two hours after entry of the order of appointment.
   b.  An order of appointment of a temporary guardian or temporary conservator entered by the court under paragraph “a” shall expire as prescribed by the court but within a period of not more than thirty days unless extended by the court for good cause.
   c.  A hearing on the petition for the appointment of a temporary guardian or temporary conservator shall be held within the time specified in paragraph “b”. If the department does not proceed with a hearing on the petition, the court, on the motion of any party or on its own motion, may dismiss the petition.
   6.  The emergency order expires at the end of seventy-two hours from the time of the order unless the seventy-two-hour period ends on a Saturday, Sunday, or legal holiday in which event the order is automatically extended to 4:00 p.m. on the first succeeding business day. An order may be renewed for not more than fourteen additional days. A renewal order that ends on a Saturday, Sunday, or legal holiday is automatically extended to 4:00 p.m. on the first succeeding business day. The court may modify or terminate the emergency order on the petition of the department, the elder or dependent adult, or any person interested in the elder’s or dependent adult’s welfare.
   7.  If the department cannot obtain an emergency order under this section due to inaccessibility of the court, the department may contact law enforcement to remove the elder or dependent adult to safer surroundings, authorize the provision of medical treatment, and order the provision of or provide other available services necessary to remove conditions creating the immediate danger to the health or safety of the elder or dependent adult or which are producing irreparable harm to the physical or financial resources or property of the elder or dependent adult. The department shall obtain an emergency order under this section not later than four p.m. on the first succeeding business day after the date on which protective or other services are provided. If the department does not obtain an emergency order within the prescribed time period, the department shall cease providing protective services and, if necessary, make arrangements for the immediate return of the person to the place from which the person was removed, to the person’s place of residence in the state, or to another suitable place. A person, agency, or institution acting in good faith in removing an elder or a dependent adult or in providing services under this subsection, and an employer of or person under the direction of such a person, agency, or institution, shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed as the result of the removal or provision of services.
   8.  Upon a finding of probable cause to believe that elder or dependent adult abuse has occurred and is either ongoing or is likely to reoccur, the court may also enter orders as may be appropriate to third persons enjoining them from specific conduct. The orders may include temporary restraining orders which impose criminal sanctions if violated. The court may enjoin third persons from any of the following:
   a.  Removing the elder or dependent adult from the care or custody of another.
   b.  Committing elder or dependent adult abuse on the elder or dependent adult.
   c.  Living at the elder’s or dependent adult’s residence.
   d.  Contacting the elder or dependent adult in person or by telephone.
   e.  Selling, removing, or otherwise disposing of the elder’s or dependent adult’s personal property.
   f.  Withdrawing funds from any bank, savings association, credit union, or other financial institution, or from a stock account in which the elder or dependent adult has an interest.
   g.  Negotiating any instruments payable to the elder or dependent adult.
   h.  Selling, mortgaging, or otherwise encumbering any interest that the elder or dependent adult has in real property.
   i.  Exercising any powers on behalf of the elder or dependent adult through representatives of the department, any court-appointed guardian or guardian ad litem, or any official acting on the elder’s or dependent adult’s behalf.
   j.  Engaging in any other specified act which, based upon the facts alleged, would constitute harm or a threat of imminent harm to the elder or dependent adult or would cause damage to or the loss of the elder’s or dependent adult’s property.
   9.  This section shall not be construed and is not intended as and shall not imply a grant of entitlement for services to persons who are not otherwise eligible for the services or for utilization of services which do not currently exist or are not otherwise available.

DIVISION II

CRIMES AGAINST AN OLDER INDIVIDUAL
    Sec. 20.  NEW SECTION.  714.2A  Theft against an older individual.
   1.  If a person commits theft and the violation is committed against an individual who was an older individual at the time the theft was committed, notwithstanding the penalties specified in section 714.2, all of the following shall apply:
   a.  If a person commits theft in the first degree pursuant to section 714.2, subsection 1, the person is guilty of a class “B” felony.
   b.  If a person commits theft in the second degree pursuant to section 714.2, subsection 2, the person is guilty of a class “C” felony.
   c.  If a person commits theft in the third degree pursuant to section 714.2, subsection 3, the person is guilty of a class “D” felony.
   d.  If a person commits theft in the fourth degree pursuant to section 714.2, subsection 4, the person is guilty of an aggravated misdemeanor.
   e.  If a person commits theft in the fifth degree pursuant to section 714.2, subsection 5, the person is guilty of a serious misdemeanor.
   2.  For the purposes of this section, “older individual” means older individual as defined in section 231.4.
    Sec. 21.  Section 714.16A, Code 2014, is amended to read as follows:
   714.16A  Additional civil penalty for consumer frauds committed against elderly older individual —— fund established.
   1.  a.  If a person violates section 714.16, and the violation is committed against an older person individual, in an action brought by the attorney general, in addition to any other civil penalty, the court may impose an additional civil penalty not to exceed five thousand dollars for each such violation. Additionally, the attorney general may accept a civil penalty as determined by the attorney general in settlement of an investigation of a violation of section 714.16, regardless of whether an action has been filed pursuant to section 714.16.
   b.  A civil penalty imposed by a court or determined and accepted by the attorney general pursuant to this section shall be paid to the treasurer of state, who shall deposit the money in the elderly older individual victim fund, a separate fund created in the state treasury and administered by the attorney general for the investigation and prosecution of frauds against the elderly older individuals. Notwithstanding section 8.33, any balance in the fund on June 30 of any fiscal year shall not revert to the general fund of the state. An award of reimbursement pursuant to section 714.16 has priority over a civil penalty imposed by the court pursuant to this subsection.
   2.  In determining whether to impose a civil penalty under subsection 1, and the amount of any such penalty, the court shall consider the following:
   a.  Whether the defendant’s conduct was in willful disregard of the rights of the older person individual.
   b.  Whether the defendant knew or should have known that the defendant’s conduct was directed to an older person individual.
   c.  Whether the older person individual was substantially more vulnerable to the defendant’s conduct because of age, poor health, infirmity, impaired understanding, restricted mobility, or disability, than other persons.
   d.  Any other factors the court deems appropriate.
   3.  As used in this section, “older person” individual” means a person who is sixty-five sixty years of age or older.
    Sec. 22.  NEW SECTION.  726.25  Financial exploitation of an older individual.
   1.  A person commits financial exploitation of an older individual when the person stands in a position of trust or confidence with the older individual and knowingly and by undue influence, deception, coercion, fraud, breach of fiduciary duty, or extortion, obtains control over or otherwise uses the benefits, property, resources, belongings, or assets of the older individual.
   2.  A person who commits financial exploitation of an older individual is guilty of the following, as applicable:
   a.  A serious misdemeanor if the value of the benefits, property, resources, belongings, or assets is one hundred dollars or less.
   b.  An aggravated misdemeanor if the value of the benefits, property, resources, belongings, or assets exceeds one hundred dollars but does not exceed one thousand dollars.
   c.  A class “D” felony if the value of the benefits, property, resources, belongings, or assets exceeds one thousand dollars but does not exceed ten thousand dollars.
   d.  A class “C” felony if the value of the benefits, property, resources, belongings, or assets exceeds ten thousand dollars but does not exceed fifty thousand dollars.
   e.  A class “B” felony if the value of the benefits, property, resources, belongings, or assets exceeds fifty thousand dollars, or if the older individual is seventy years of age to eighty years of age and the value of the benefits, property, resources, belongings, or assets is fifteen thousand dollars or more, or if the older individual is eighty years of age or older and the value of the benefits, property, resources, belongings, or assets is five thousand dollars or more.
   3.  Nothing in this section shall be construed to limit other remedies available to the older individual.
   4.  A person alleged to have committed a violation under this section shall be charged with the respective offense cited, unless a charge may be brought based upon a more serious offense, in which case the charge of the more serious offense shall supersede the less serious charge.
   5.  Nothing in this section shall be construed to impose criminal liability on a person who has made a good-faith effort to assist an older individual in the management of the older individual’s benefits, property, resources, belongings, or assets, but through no fault of the person, the person has been unable to provide such assistance.
   6.  It shall not be a defense to financial exploitation of an older individual that the alleged perpetrator did not know the age of the older individual or reasonably believed that the alleged victim was not an older individual.
   7.  For the purposes of this section:
   a.  “Caregiver” means an individual who has the responsibility for the care or custody of an older individual, whether voluntarily, by contract, through employment, or as a result of the operation of law, and includes but is not limited to a family member or other individual who provides compensated or uncompensated care to an older individual.
   b.  “Coercion” means communication or conduct which compels an older individual to act or refrain from acting against the older individual’s will.
   c.  “Fiduciary” means a person or entity with the legal responsibility to make decisions on behalf of and for the benefit of an older individual and to act in good faith and with fairness. “Fiduciary” includes a guardian, trustee, executor, administrator, receiver, conservator, attorney in fact, representative payee, or any person acting in any fiduciary capacity for or on behalf of an older individual.
   d.  “Older individual” means the same as defined in section 231.4.
   e.  “Stands in a position of trust or confidence” means the person has any of the following relationships relative to the older individual:
   (1)  Is a parent, spouse, adult child, or other relative by consanguinity or affinity of the older individual.
   (2)  Is a joint tenant or tenant in common with the older individual.
   (3)  Has a legal or fiduciary relationship with the older individual.
   (4)  Is a financial planning or investment professional providing or offering to provide financial planning or investment advice to the older individual.
   (5)  Is a beneficiary of the older individual in a governing instrument.
   (6)  Is a caregiver for the older individual.
   (7)  Is a person who is in a confidential relationship with the older individual. The determination of the existence of a confidential relationship is an issue of fact to be determined by the court based upon the totality of the circumstances.
   f.  “Undue influence” means taking advantage of a person’s role, relationship, or authority to improperly change or obtain control over the actions or decision making of an older individual.

DIVISION III

CONFORMING AMENDMENTS
    Sec. 23.  Section 35D.14A, Code 2014, is amended to read as follows:
   35D.14A  Volunteer record checks.
   1.  Persons who are potential volunteers or volunteers in the Iowa veterans home in a position having direct individual contact with patients or residents of the home shall be subject to criminal history and child and elder and dependent adult abuse record checks in accordance with this section. The Iowa veterans home shall request that the department of public safety perform the criminal history check and the department of human services perform child and elder and dependent adult abuse record checks of the person in this state and may request these checks in other states.
   2.  a.  If it is determined that a person has been convicted of a crime under a law of any state or has a record of founded child, elder, or dependent adult abuse, the person shall not participate as a volunteer with direct individual contact with patients or residents of the Iowa veterans home unless an evaluation has been performed by the department of human services to determine whether the crime or founded child, elder, or dependent adult abuse warrants prohibition of the person’s participation as a volunteer in the Iowa veterans home. The department of human services shall perform such evaluation upon the request of the Iowa veterans home.
   b.  In an evaluation, the department of human services shall consider the nature and seriousness of the crime or founded child, elder, or dependent adult abuse in relation to the position sought or held, the time elapsed since the commission of the crime or founded child, elder, or dependent adult abuse, the circumstances under which the crime or founded child, elder, or dependent adult abuse was committed, the degree of rehabilitation, the likelihood that the person will commit the crime or founded child, elder, or dependent adult abuse again, and the number of crimes or founded child, elder, or dependent adult abuses committed by the person involved.
   c.  If the department of human services performs an evaluation for the purposes of this section, the department of human services has final authority in determining whether prohibition of the person’s participation as a volunteer is warranted. The department of human services may permit a person who is evaluated to participate as a volunteer if the person complies with the department’s conditions relating to participation as a volunteer which may include completion of additional training.
    Sec. 24.  Section 125.14A, subsections 5 and 7, Code 2014, are amended to read as follows:
   5.  In addition to the record checks required under this section, the department of human services may conduct elder and dependent adult abuse record checks in this state and may conduct these checks in other states, on a random basis. The provisions of this section, relative to an evaluation following a determination that a person has been convicted of a crime or has a record of founded child abuse, shall also apply to a random check conducted under this subsection.
   7.  On or after July 1, 1994, a program or facility shall include the following inquiry in an application for employment:
  Do you have a record of founded child, elder, or dependent adult abuse or have you ever been convicted of a crime, in this state or any other state?
    Sec. 25.  Section 135.11, subsection 24, Code 2014, is amended to read as follows:
   24.  Review and approve mandatory reporter training curricula for those persons who work in a position classification that under law makes the persons mandatory reporters of child, elder, or dependent adult abuse and the position classification does not have a mandatory reporter training curriculum approved by a licensing or examining board.
    Sec. 26.  Section 135B.34, Code 2014, is amended to read as follows:
   135B.34  Hospital employees —— criminal history and child, elder, and dependent adult abuse record checks —— penalty.
   1.  Prior to employment of a person in a hospital, the hospital shall request that the department of public safety perform a criminal history check and the department of human services perform child and elder and dependent adult abuse record checks of the person in this state. A hospital shall inform all persons prior to employment regarding the performance of the record checks and shall obtain, from the persons, a signed acknowledgment of the receipt of the information. A hospital shall include the following inquiry in an application for employment:
  Do you have a record of founded child, elder, or dependent adult abuse or have you ever been convicted of a crime, in this state or any other state?

   2.  a.  If it is determined that a person being considered for employment in a hospital has committed a crime, the department of public safety shall notify the hospital that upon the request of the hospital the department of human services will perform an evaluation to determine whether the crime warrants prohibition of the person’s employment in the hospital.
   b.  (1)  If a person being considered for employment, other than employment involving the operation of a motor vehicle, has been convicted of a crime listed in subparagraph (2) but does not have a record of founded child, elder, or dependent adult abuse and the hospital has requested an evaluation in accordance with paragraph “a” to determine whether the crime warrants prohibition of the person’s employment, the hospital may employ the person for not more than sixty calendar days pending completion of the evaluation.
   (2)  Subparagraph (1) applies to a crime that is a simple misdemeanor offense under section 123.47 or chapter 321, and to a crime that is a first offense of operating a motor vehicle while intoxicated under section 321J.2, subsection 1.
   c.  If a department of human services child or elder and dependent adult abuse record check shows that the person has a record of founded child, elder, or dependent adult abuse, the department of human services shall notify the hospital that upon the request of the hospital the department of human services will perform an evaluation to determine whether the founded child, elder, or dependent adult abuse warrants prohibition of the person’s employment in the hospital.
   d.  An evaluation performed under this subsection shall be performed in accordance with procedures adopted for this purpose by the department of human services.
   e.  (1)  If a person owns or operates more than one hospital, and an employee of one of such hospitals is transferred to another such hospital without a lapse in employment, the hospital is not required to request additional criminal and child and elder and dependent adult abuse record checks of that employee.
   (2)  If the ownership of a hospital is transferred, at the time of transfer the record checks required by this section shall be performed for each employee for whom there is no documentation that such record checks have been performed. The hospital may continue to employ such employee pending the performance of the record checks and any related evaluation.
   3.  In an evaluation, the department of human services shall consider the nature and seriousness of the crime or founded child, elder, or dependent adult abuse in relation to the position sought or held, the time elapsed since the commission of the crime or founded child, elder, or dependent adult abuse, the circumstances under which the crime or founded child, elder, or dependent adult abuse was committed, the degree of rehabilitation, the likelihood that the person will commit the crime or founded child, elder, or dependent adult abuse again, and the number of crimes or founded child, elder, or dependent adult abuses committed by the person involved. If the department of human services performs an evaluation for the purposes of this section, the department of human services has final authority in determining whether prohibition of the person’s employment is warranted.
   4.  a.  Except as provided in paragraph “b” and subsection 2, a person who has committed a crime or has a record of founded child, elder, or dependent adult abuse shall not be employed in a hospital licensed under this chapter unless an evaluation has been performed by the department of human services.
   b.  A person with a criminal or child, elder, or dependent adult abuse record who is or was employed by a hospital licensed under this chapter and is hired by another hospital shall be subject to the criminal history and child or elder and dependent adults abuse record checks required pursuant to subsection 1. However, if an evaluation was previously performed by the department of human services concerning the person’s criminal or child, elder, or dependent adult abuse record and it was determined that the record did not warrant prohibition of the person’s employment and the latest record checks do not indicate a crime was committed or founded child, elder, or dependent adult abuse record was entered subsequent to that evaluation, the person may commence employment with the other hospital in accordance with the department of human services’ evaluation and an exemption from the requirements in paragraph “a” for reevaluation of the latest record checks is authorized. Otherwise, the requirements of paragraph “a” remain applicable to the person’s employment. Authorization of an exemption under this paragraph “b” from requirements for reevaluation of the latest record checks by the department of human services is subject to all of the following provisions:
   (1)  The position with the subsequent employer is substantially the same or has the same job responsibilities as the position for which the previous evaluation was performed.
   (2)  Any restrictions placed on the person’s employment in the previous evaluation by the department of human services shall remain applicable in the person’s subsequent employment.
   (3)  The person subject to the record checks has maintained a copy of the previous evaluation and provides the evaluation to the subsequent employer or the previous employer provides the previous evaluation from the person’s personnel file pursuant to the person’s authorization. If a physical copy of the previous evaluation is not provided to the subsequent employer, the record checks shall be reevaluated.
   (4)  Although an exemption under this lettered paragraph “b” may be authorized, the subsequent employer may instead request a reevaluation of the record checks and may employ the person while the reevaluation is being performed.
   5.  a.  If a person employed by a hospital that is subject to this section is convicted of a crime or has a record of founded child, elder, or dependent adult abuse entered in the abuse registry after the person’s employment application date, the person shall inform the hospital of such information within forty-eight hours of the criminal conviction or entry of the record of founded child, elder, or dependent adult abuse. The hospital shall act to verify the information within forty-eight hours of notification. If the information is verified, the requirements of subsections 2, 3, and 4 regarding employability and evaluations shall be applied by the hospital to determine whether or not the person’s employment is continued. The hospital may continue to employ the person pending the performance of an evaluation by the department of human services to determine whether prohibition of the person’s employment is warranted. A person who is required by this subsection to inform the person’s employer of a conviction or entry of an abuse record and fails to do so within the required period commits a serious misdemeanor.
   b.  If a hospital receives credible information, as determined by the hospital, that a person employed by the hospital has been convicted of a crime or a record of founded child, elder, or dependent adult abuse has been entered in the abuse registry after employment from a person other than the employee and the employee has not informed the hospital of such information within the period required under paragraph “a”, the hospital shall act to verify the credible information within forty-eight hours of receipt of the credible information. If the information is verified, the requirements of subsections 2, 3, and 4 regarding employability and evaluations shall be applied by the hospital to determine whether or not the person’s employment is continued.
   c.  The hospital may notify the county attorney for the county where the hospital is located of any violation or failure by an employee to notify the hospital of a criminal conviction or entry of an a child, elder, or dependent adult abuse record within the period required under paragraph “a”.
   6.  A hospital licensed in this state may access the single contact repository established by the department pursuant to section 135C.33 as necessary for the hospital to perform record checks of persons employed or being considered for employment by the hospital.
    Sec. 27.  Section 135C.33, Code 2014, is amended to read as follows:
   135C.33  Employees and certified nurse aide trainees —— child or, elder, and dependent adult abuse information and criminal record checks —— evaluations —— application to other providers —— penalty.
   1.  a.  For the purposes of this section, the term “crime” does not include offenses under chapter 321 classified as a simple misdemeanor or equivalent simple misdemeanor offenses from another jurisdiction.
   b.  Prior to employment of a person in a facility, the facility shall request that the department of public safety perform a criminal history check and the department of human services perform child and elder and dependent adult abuse record checks of the person in this state. A facility shall inform all persons prior to employment regarding the performance of the record checks and shall obtain, from the persons, a signed acknowledgment of the receipt of the information. A facility shall include the following inquiry in an application for employment:
  Do you have a record of founded child, elder, or dependent adult abuse or have you ever been convicted of a crime other than a simple misdemeanor offense relating to motor vehicles and laws of the road under chapter 321 or equivalent provisions, in this state or any other state?

   2.  a.  If it is determined that a person being considered for employment in a facility has been convicted of a crime under a law of any state, the department of public safety shall notify the licensee that upon the request of the licensee the department of human services will perform an evaluation to determine whether the crime warrants prohibition of the person’s employment in the facility.
   b.  (1)  If a person being considered for employment, other than employment involving the operation of a motor vehicle, has been convicted of a crime listed in subparagraph (2) but does not have a record of founded child, elder, or dependent adult abuse and the licensee has requested an evaluation in accordance with paragraph “a” to determine whether the crime warrants prohibition of the person’s employment, the licensee may employ the person for not more than sixty calendar days pending completion of the evaluation.
   (2)  Subparagraph (1) applies to a crime that is a simple misdemeanor offense under section 123.47 or chapter 321, and to a crime that is a first offense of operating a motor vehicle while intoxicated under section 321J.2, subsection 1.
   c.  If a department of human services child or elder and dependent adult abuse record check shows that such person has a record of founded child, elder, or dependent adult abuse, the department of human services shall notify the licensee that upon the request of the licensee the department of human services will perform an evaluation to determine whether the founded child, elder, or dependent adult abuse warrants prohibition of employment in the facility.
   d.  An evaluation performed under this subsection shall be performed in accordance with procedures adopted for this purpose by the department of human services.
   e.  (1)  If a person owns or operates more than one facility, and an employee of one of such facilities is transferred to another such facility without a lapse in employment, the facility is not required to request additional criminal and child and elder and dependent adult abuse record checks of that employee.
   (2)  If the ownership of a facility is transferred, at the time of transfer the record checks required by this section shall be performed for each employee for whom there is no documentation that such record checks have been performed. The facility may continue to employ such employee pending the performance of the record checks and any related evaluation.
   3.  In an evaluation, the department of human services shall consider the nature and seriousness of the crime or founded child, elder, or dependent adult abuse in relation to the position sought or held, the time elapsed since the commission of the crime or founded child, elder, or dependent adult abuse, the circumstances under which the crime or founded child, elder, or dependent adult abuse was committed, the degree of rehabilitation, the likelihood that the person will commit the crime or founded child, elder, or dependent adult abuse again, and the number of crimes or founded child, elder, or dependent adult abuses committed by the person involved. If the department of human services performs an evaluation for the purposes of this section, the department of human services has final authority in determining whether prohibition of the person’s employment is warranted.
   4.  a.  Except as provided in paragraph “b” and subsection 2, a person who has committed a crime or has a record of founded child, elder, or dependent adult abuse shall not be employed in a facility licensed under this chapter unless an evaluation has been performed by the department of human services.
   b.  A person with a criminal or child or elder and dependent adult abuse record who is or was employed by a facility licensed under this chapter and is hired by another licensee shall be subject to the criminal history and child or elder and dependent adult abuse record checks required pursuant to subsection 1. However, if an evaluation was previously performed by the department of human services concerning the person’s criminal or child or elder and dependent adult abuse record and it was determined that the record did not warrant prohibition of the person’s employment and the latest record checks do not indicate a crime was committed or founded child or elder and dependent adult abuse record was entered subsequent to that evaluation, the person may commence employment with the other licensee in accordance with the department of human services’ evaluation and an exemption from the requirements in paragraph “a” for reevaluation of the latest record checks is authorized. Otherwise, the requirements of paragraph “a” remain applicable to the person’s employment.  Authorization of an exemption under this paragraph “b” from requirements for reevaluation of the latest record checks by the department of human services is subject to all of the following provisions:
   (1)  The position with the subsequent employer is substantially the same or has the same job responsibilities as the position for which the previous evaluation was performed.
   (2)  Any restrictions placed on the person’s employment in the previous evaluation by the department of human services shall remain applicable in the person’s subsequent employment.
   (3)  The person subject to the record checks has maintained a copy of the previous evaluation and provides the evaluation to the subsequent employer or the previous employer provides the previous evaluation from the person’s personnel file pursuant to the person’s authorization. If a physical copy of the previous evaluation is not provided to the subsequent employer, the record checks shall be reevaluated.
   (4)  Although an exemption under this paragraph “b” may be authorized, the subsequent employer may instead request a reevaluation of the record checks and may employ the person while the reevaluation is being performed.
   5.  a.  This section shall also apply to prospective employees of all of the following, if the provider is regulated by the state or receives any state or federal funding:
   (1)  An employee of a homemaker-home health aide, home care aide, adult day services, or other provider of in-home services if the employee provides direct services to consumers.
   (2)  An employee of a hospice, if the employee provides direct services to consumers.
   (3)  An employee who provides direct services to consumers under a federal home and community-based services waiver.
   (4)  An employee of an elder group home certified under chapter 231B, if the employee provides direct services to consumers.
   (5)  An employee of an assisted living program certified under chapter 231C, if the employee provides direct services to consumers.
   b.  In substantial conformance with the provisions of this section, prior to the employment of such an employee, the provider shall request the performance of the criminal and child and elder and dependent adult abuse record checks. The provider shall inform the prospective employee and obtain the prospective employee’s signed acknowledgment. The department of human services shall perform the evaluation of any criminal record or founded child or elder and dependent adult abuse record and shall make the determination of whether a prospective employee of a provider shall not be employed by the provider.
   6.  a.  The department of inspections and appeals, in conjunction with other departments and agencies of state government involved with criminal history and abuse registry information, shall establish a single contact repository for facilities and other providers to have electronic access to data to perform background checks for purposes of employment, as required of the facilities and other providers under this section.
   b.  The department may access the single contact repository for any of the following purposes:
   (1)  To verify data transferred from the department’s nurse aide registry to the repository.
   (2)  To conduct record checks of applicants for employment with the department.
   7.  a.  If a person employed by a facility, service, or program employer that is subject to this section is convicted of a crime or has a record of founded child, elder, or dependent adult abuse entered in the abuse registry after the person’s employment application date, the person shall inform the employer of such information within forty-eight hours of the criminal conviction or entry of the record of founded child, elder, or dependent adult abuse. The employer shall act to verify the information within forty-eight hours of notification. If the information is verified, the requirements of subsections 2, 3, and 4 regarding employability and evaluations shall be applied by the employer to determine whether or not the person’s employment is continued. The employer may continue to employ the person pending the performance of an evaluation by the department of human services to determine whether prohibition of the person’s employment is warranted. A person who is required by this subsection to inform the person’s employer of a conviction or entry of an abuse record and fails to do so within the required period commits a serious misdemeanor.
   b.  If a facility, service, or program employer receives credible information, as determined by the employer, that a person employed by the employer has been convicted of a crime or a record of founded child, elder, or dependent adult abuse has been entered in the abuse registry after employment from a person other than the employee and the employee has not informed the employer of such information within the period required under paragraph “a”, the employer shall act to verify the credible information within forty-eight hours of receipt of the credible information. If the information is verified, the requirements of subsections 2, 3, and 4 regarding employability and evaluations shall be applied to determine whether or not the person’s employment is continued.
   c.  The employer may notify the county attorney for the county where the employer is located of any violation or failure by an employee to notify the employer of a criminal conviction or entry of an abuse record within the period required under paragraph “a”.
   8.  a.  For the purposes of this subsection, unless the context otherwise requires:
   (1)  “Certified nurse aide training program” means a program approved in accordance with the rules for such programs adopted by the department of human services for the training of persons seeking to be a certified nurse aide for employment in any of the facilities or programs this section applies to or in a hospital, as defined in section 135B.1.
   (2)  “Student” means a person applying for, enrolled in, or returning to a certified nurse aide training program.
   b.  Prior to a student beginning or returning to a certified nurse aide training program, the program shall request that the department of public safety perform a criminal history check and the department of human services perform child and elder and dependent adult abuse record checks, in this state, of the student. The program may access the single contact repository established pursuant to this section as necessary for the program to initiate the record checks.
   c.  If a student has a criminal record or a record of founded child, elder, or dependent adult abuse, the student shall not be involved in a clinical education component of the certified nurse aide training program involving children, elders, or dependent adults unless an evaluation has been performed by the department of human services. Upon request of the certified nurse aide training program, the department of human services shall perform an evaluation to determine whether the record warrants prohibition of the student’s involvement in a clinical education component of the certified nurse aide training program involving children, elders, or dependent adults. The evaluation shall be performed in accordance with the criteria specified in subsection 3, and the department of human services shall report the results of the evaluation to the certified nurse aide training program. The department of human services has final authority in determining whether prohibition of the student’s involvement in the clinical education component is warranted.
   d.  (1)  If a student’s clinical education component of the training program involves children, elders, or dependent adults but does not involve operation of a motor vehicle, and the student has been convicted of a crime listed in subparagraph (2), but does not have a record of founded child, elder, or dependent adult abuse, and the training program has requested an evaluation in accordance with paragraph “c” to determine whether the crime warrants prohibition of the student’s involvement in such clinical education component, the training program may allow the student’s participation in the component for not more than sixty days pending completion of the evaluation.
   (2)  Subparagraph (1) applies to a crime that is a simple misdemeanor offense under section 123.47 or chapter 321, and to a crime that is a first offense of operating a motor vehicle while intoxicated under section 321J.2, subsection 1. 
   e.  (1)  If a student is convicted of a crime or has a record of founded child, elder, or dependent adult abuse entered in the abuse registry after the record checks and any evaluation have been performed, the student shall inform the certified nurse aide training program of such information within forty-eight hours of the criminal conviction or entry of the record of founded child, elder, or dependent adult abuse. The program shall act to verify the information within forty-eight hours of notification. If the information is verified, the requirements of paragraph “c” shall be applied by the program to determine whether or not the student’s involvement in a clinical education component may continue. The program may allow the student involvement to continue pending the performance of an evaluation by the department of human services. A student who is required by this subparagraph to inform the program of a conviction or entry of an abuse record and fails to do so within the required period commits a serious misdemeanor.
   (2)  If a program receives credible information, as determined by the program, that a student has been convicted of a crime or a record of founded child, elder, or dependent adult abuse has been entered in the abuse registry after the record checks and any evaluation have been performed, from a person other than the student and the student has not informed the program of such information within the period required under subparagraph (1), the program shall act to verify the credible information within forty-eight hours of receipt of the credible information. If the information is verified, the requirements of paragraph “c” shall be applied to determine whether or not the student’s involvement in a clinical education component may continue. 
   (3)  The program may notify the county attorney for the county where the program is located of any violation or failure by a student to notify the program of a criminal conviction or entry of an abuse record within the period required under subparagraph (1).
   f.  If a certified nurse aide training program is conducted by a health care facility and a student of that program subsequently accepts and begins employment with the facility within thirty days of completing the program, the criminal history and abuse registry checks of the student performed pursuant to this subsection shall be deemed to fulfill the requirements for such checks prior to employment pursuant to subsection 1.
    Sec. 28.  Section 135H.7, subsections 4 and 6, Code 2014, are amended to read as follows:
   4.  In addition to the record checks required under subsection 2, the department of human services may conduct elder and dependent adult abuse record checks in this state and may conduct these checks in other states, on a random basis. The provisions of subsections 2 and 3, relative to an evaluation following a determination that a person has been convicted of a crime or has a record of founded child abuse, shall also apply to a random elder and dependent adult abuse record check conducted under this subsection.
   6.  On or after July 1, 1994, a licensee shall include the following inquiry in an application for employment:
  Do you have a record of founded child, elder, or dependent adult abuse or have you ever been convicted of a crime, in this state or any other state?
    Sec. 29.  Section 135O.3, subsection 4, Code 2014, is amended to read as follows:
   4.  If the department or a multidisciplinary team has probable cause to believe that a boarding home is in violation of this chapter or licensing or other regulatory requirements of the department of human services, department of inspections and appeals, or department of public health, or that elder or dependent adult abuse of any individual living in a boarding home has occurred, and upon producing proper identification, is denied entry to the boarding home or access to any individual living in the boarding home for the purpose of making an inspection or conducting an investigation, the department or multidisciplinary team may, with the assistance of the county attorney of the county in which the boarding home is located, apply to the district court for an order requiring the owner or lessee to permit entry to the boarding home and access to the individuals living in the boarding home.
    Sec. 30.  Section 144A.11, subsection 1, Code 2014, is amended to read as follows:
   1.  Death resulting from the withholding or withdrawal of life-sustaining procedures pursuant to a declaration or out-of-hospital do-not-resuscitate order and in accordance with this chapter does not, for any purpose, constitute a suicide, homicide, or elder or dependent adult abuse.
    Sec. 31.  Section 144D.4, subsection 4, Code 2014, is amended to read as follows:
   4.  Death resulting from the withholding or withdrawal of life-sustaining procedures pursuant to an executed POST form and in accordance with this chapter does not, for any purpose, constitute a suicide, homicide, or elder or dependent adult abuse.
    Sec. 32.  Section 152.5, subsection 3, paragraphs c and d, Code 2014, are amended to read as follows:
   c.  A nursing program shall request that the department of public safety perform a criminal history check and the department of human services perform child and elder and dependent adult abuse record checks in this state on the nursing program’s students.
   d.  If a student has a criminal record or a record of founded child, elder, or dependent adult abuse, upon request of the nursing program, the department of human services shall perform an evaluation to determine whether the record warrants prohibition of the person’s involvement in a clinical education component of a nursing program involving children, elders, or dependent adults. The department of human services shall utilize the criteria provided in section 135C.33 in performing the evaluation and shall report the results of the evaluation to the nursing program. The department of human services has final authority in determining whether prohibition of the person’s involvement in a clinical education component is warranted.
    Sec. 33.  Section 216A.136, subsection 3, Code 2014, is amended to read as follows:
   3.  Dependent Elder and dependent adult abuse records maintained under chapter 235B.
    Sec. 34.  Section 217.44, subsections 1, 2, and 4, Code 2014, are amended to read as follows:
   1.  The department shall conduct criminal and child and elder and dependent adult abuse record checks of persons who are potential employees, employees, potential volunteers, and volunteers in service area offices in a position having direct contact with the department’s clients. The record checks shall be performed in this state and the department may conduct these checks in other states. If the department determines that a person has been convicted of a crime or has a record of founded child, elder, or dependent adult abuse, the department shall perform an evaluation to determine whether the crime or founded abuse warrants prohibition of the person’s employment or participation as a volunteer. The record checks and evaluation shall be performed in accordance with procedures adopted for this purpose by the department.
   2.  In an evaluation, the department shall consider the nature and seriousness of the crime or founded child, elder, or dependent adult abuse in relation to the position sought or held, the time elapsed since the commission of the crime or founded child, elder, or dependent adult abuse, the circumstances under which the crime or founded child, elder, or dependent adult abuse was committed, the degree of rehabilitation, the likelihood that the person will commit the crime or founded child, elder, or dependent adult abuse again, and the number of crimes or founded child, elder, or dependent adult abuses committed by the person involved.
   4.  If the department determines that the person has committed a crime or has a record of founded child, elder, or dependent adult abuse which warrants prohibition of employment or participation as a volunteer, the person shall not be employed by or participate as a volunteer in a department service area office in a position having direct contact with the department’s clients.
    Sec. 35.  Section 218.13, subsections 2, 3, 4, and 5, Code 2014, are amended to read as follows:
   2.  If a person is being considered for employment involving direct responsibility for a resident or with access to a resident when the resident is alone, or if a person will reside in a facility utilized by an institution, and if the person has been convicted of a crime or has a record of founded child, elder, or dependent adult abuse, the department shall perform an evaluation to determine whether the crime or founded abuse warrants prohibition of employment or residence in the facility. The department shall conduct criminal and child and elder and dependent adult abuse record checks of the person in this state and may conduct these checks in other states. The investigation and evaluation shall be performed in accordance with procedures adopted for this purpose by the department.
   3.  If the department determines that a person, who is employed by an institution or resides in a facility utilized by an institution, has been convicted of a crime or has a record of founded child, elder, or dependent adult abuse, the department shall perform an evaluation to determine whether prohibition of the person’s employment or residence is warranted. The evaluation shall be performed in accordance with procedures adopted for this purpose by the department.
   4.  In an evaluation, the department shall consider the nature and seriousness of the crime or founded child, elder, or dependent adult abuse in relation to the position sought or held, the time elapsed since the commission of the crime or founded child, elder, or dependent adult abuse, the circumstances under which the crime or founded child, elder, or dependent adult abuse was committed, the degree of rehabilitation, the likelihood that the person will commit the crime or founded child, elder, or dependent adult abuse again, and the number of crimes or founded child, elder, or dependent adult abuses committed by the person involved. The department may permit a person who is evaluated to be employed or reside or to continue employment or residence if the person complies with the department’s conditions relating to employment or residence which may include completion of additional training.
   5.  If the department determines that the person has committed a crime or has a record of founded child, elder, or dependent adult abuse which warrants prohibition of employment or residence, the person shall not be employed by an institution or reside in a facility utilized by an institution.
    Sec. 36.  Section 231B.10, subsection 1, paragraph f, Code 2014, is amended to read as follows:
   f.  Founded elder or dependent adult abuse as defined in section 235B.2.
    Sec. 37.  Section 231C.10, subsection 1, paragraph f, Code 2014, is amended to read as follows:
   f.  Failure to protect tenants from elder or dependent adult abuse as defined in section 235E.1 235B.2.
    Sec. 38.  Section 231D.5, subsection 1, paragraph g, Code 2014, is amended to read as follows:
   g.  Founded elder or dependent adult abuse as defined in section 235B.2.
    Sec. 39.  Section 232.71B, subsection 9, Code 2014, is amended to read as follows:
   9.  Protective disclosure.  If the department determines that disclosure is necessary for the protection of a child, the department may disclose to a subject of a child abuse report referred to in section 235A.15, subsection 2, paragraph “a”, that an individual is listed in the child or elder and dependent adult abuse registry or is required to register with the sex offender registry in accordance with chapter 692A.
    Sec. 40.  Section 237.8, subsections 3 and 5, Code 2014, are amended to read as follows:
   3.  In addition to the record checks required under subsection 2, the department of human services may conduct elder and dependent adult abuse record checks in this state and may conduct these checks in other states, on a random basis. The provisions of subsection 2, relative to an evaluation following a determination that a person has been convicted of a crime or has a record of founded child abuse, shall also apply to a random check conducted under this subsection.
   5.  On or after July 1, 1994, a licensee shall include the following inquiry in an application for employment:
  Do you have a record of founded child, elder, or dependent adult abuse or have you ever been convicted of a crime, in this state or any other state?
    Sec. 41.  Section 237A.5, subsection 2, paragraph a, subparagraph (3), subparagraph division (b), Code 2014, is amended to read as follows:
   (b)  A record of having committed founded child, elder, or dependent adult abuse.
    Sec. 42.  Section 237A.5, subsection 2, paragraph c, Code 2014, is amended to read as follows:
   c.  Unless a record check has already been conducted in accordance with paragraph “b”, the department shall conduct a an elder and dependent adult and criminal and child abuse record check in this state for a person who is subject to a record check and may conduct such a check in other states. In addition, the department may conduct a dependent adult abuse, sex offender registry, or other public or civil offense record check in this state or in other states for a person who is subject to a record check.
    Sec. 43.  Section 237A.5, subsection 2, paragraph i, subparagraph (1), unnumbered paragraph 1, Code 2014, is amended to read as follows:

   A person subject to an evaluation shall be prohibited from involvement with child care if the person has a record of founded child, elder, or dependent adult abuse that was determined to be sexual abuse, the person is listed on the sex offender registry under chapter 692A, or the person has committed any of the following felony-level offenses:
    Sec. 44.  Section 237A.5, subsection 4, Code 2014, is amended to read as follows:
   4.  On or after July 1, 1994, a licensee or registrant shall include the following inquiry in an application for employment:
  Do you have a record of founded child, elder, or dependent adult abuse or have you ever been convicted of a crime, in this state or any other state?
    Sec. 45.  Section 249A.29, subsection 2, Code 2014, is amended to read as follows:
   2.  If a person is being considered by a provider for employment involving direct responsibility for a consumer or with access to a consumer when the consumer is alone, and if the person has been convicted of a crime or has a record of founded child, elder, or dependent adult abuse, the department shall perform an evaluation to determine whether the crime or founded child, elder, or dependent adult abuse warrants prohibition of employment by the provider. The department shall conduct criminal and child and elder and dependent adult abuse records checks of the person in this state and may conduct these checks in other states. The records checks and evaluations required by this section shall be performed in accordance with procedures adopted for this purpose by the department.
    Sec. 46.  Section 272.2, subsection 17, Code 2014, is amended to read as follows:
   17.  Adopt rules to require that a background investigation be conducted by the division of criminal investigation of the department of public safety on all initial applicants for licensure. The board shall also require all initial applicants to submit a completed fingerprint packet and shall use the packet to facilitate a national criminal history background check. The board shall have access to, and shall review the sex offender registry information under section 692A.121 available to the general public, the central registry for child abuse information established under chapter 235A, and the elder and dependent adult abuse records maintained under chapter 235B for information regarding applicants for license renewal.
    Sec. 47.  Section 279.13, subsection 1, paragraph b, subparagraph (1), Code 2014, is amended to read as follows:
   (1)  Prior to entering into an initial contract with a teacher who holds a license other than an initial license issued by the board of educational examiners under chapter 272, the school district shall initiate a state criminal history record check of the applicant through the division of criminal investigation of the department of public safety, submit the applicant’s fingerprints to the division for submission to the federal bureau of investigation for a national criminal history record check, and review the sex offender registry information under section 692A.121 available to the general public, the central registry for child abuse information established under section 235A.14, and the central registry for elder and dependent adult abuse information established under section 235B.5 for information regarding the applicant for employment as a teacher.
    Sec. 48.  Section 279.69, subsections 1 and 2, Code 2014, are amended to read as follows:
   1.  Prior to hiring an applicant for a school employee position, a school district shall have access to and shall review the information in the Iowa court information system available to the general public, the sex offender registry information under section 692A.121 available to the general public, the central registry for child abuse information established under section 235A.14, and the central registry for elder and dependent adult abuse information established under section 235B.5 for information regarding the applicant. A school district shall follow the same procedure by June 30, 2014, for each school employee employed by the school district as of July 1, 2013. A school district shall implement a consistent policy to follow the same procedure for each school employee employed by the school district on or after July 1, 2013, at least every five years after the school employee’s initial date of hire. A school district shall not charge an employee for the cost of the registry checks conducted pursuant to this subsection. A school district shall maintain documentation demonstrating compliance with this subsection.
   2.  Being listed in the sex offender registry established under chapter 692A, the central registry for child abuse information established under section 235A.14, or the central registry for elder and dependent adult abuse information established under section 235B.5 shall constitute grounds for the immediate suspension from duties of a school employee, pending a termination hearing by the board of directors of a school district. A termination hearing conducted pursuant to this subsection shall be limited to the question of whether the school employee was incorrectly listed in the registry.
    Sec. 49.  Section 321.375, subsection 2, Code 2014, is amended to read as follows:
   2.  Prior to hiring an applicant for a school bus driver position, including a contract position, an employer shall have access to and shall review the information in the Iowa court information system available to the general public, the sex offender registry information under section 692A.121 available to the general public, the central registry for child abuse information established under section 235A.14, and the central registry for elder and dependent adult abuse information established under section 235B.5 for information regarding the applicant. An employer shall follow the same procedure upon the renewal of an employee’s or contract employee’s school bus driver’s license issued by the department of transportation valid for the operation of a school bus. An employer shall pay for the cost of the registry checks conducted pursuant to this subsection. An employer shall maintain documentation demonstrating compliance with this subsection.
    Sec. 50.  Section 321.375, subsection 3, paragraph e, Code 2014, is amended to read as follows:
   e.  The school bus driver is listed in the sex offender registry established under chapter 692A, the central registry for child abuse information established under section 235A.14, or the central registry for elder and dependent adult abuse information established under section 235B.5. A termination hearing conducted pursuant to this paragraph shall be limited to the question of whether the school bus driver was incorrectly listed in the registry.
    Sec. 51.  Section 331.909, subsection 2, Code 2014, is amended to read as follows:
   2.  The activities of a multidisciplinary community services team shall not duplicate the activities of a multidisciplinary team for child abuse under section 235A.13, elder and dependent adult abuse activities under section 235B.6, or child victim services provided under section 915.35.
    Sec. 52.  Section 598.41D, subsection 4, paragraph b, subparagraph (3), Code 2014, is amended to read as follows:
   (3)  That the specified family member does not have a record of founded child, elder, or dependent adult abuse.
    Sec. 53.  Section 692A.102, subsection 1, paragraph b, subparagraph (17), Code 2014, is amended to read as follows:
   (17)  Incest committed against an elder or a dependent adult as defined in section 235B.2 in violation of section 726.2.
    Sec. 54.  Section 692A.115, Code 2014, is amended to read as follows:
   692A.115  Employment where elders or dependent adults reside.
   1.   Unless authorized as provided in subsection 2, a sex offender shall not be an employee of a facility providing services for elders or dependent adults or at events where dependent adults participate in programming and shall not loiter on the premises or grounds of a facility or at an event providing such services or programming.
   2.  An adult sex offender who is a patient or resident of a health care facility as defined in section 135C.1, a participant in a medical assistance program home and community-based services waiver program, or a participant in a medical assistance state plan employment services as part of the participant’s habilitation plan shall not be considered to be in violation of subsection 1.
    Sec. 55.  Section 726.8, Code 2014, is amended to read as follows:
   726.8  Wanton neglect or nonsupport of an elder or a dependent adult.
   1.  A caretaker commits wanton neglect of an elder or a dependent adult if the caretaker knowingly acts in a manner likely to be injurious to the physical, mental, or emotional welfare of an elder or a dependent adult. Wanton neglect of an elder or a dependent adult is a serious misdemeanor.
   2.  A person who has legal responsibility either through contract or court order for support of an elder or a dependent adult and who fails or refuses to provide support commits nonsupport. Nonsupport is a class “D” felony.
   3.  A person alleged to have committed wanton neglect or nonsupport of an elder or a dependent adult shall be charged with the respective offense unless a charge may be brought based upon a more serious offense, in which case the charge of the more serious offense shall supersede the less serious charge.
   4.  For the purposes of this section, “dependent adult” means a dependent adult as defined in section 235B.2, subsection 4, “elder”, and “caretaker” means a caretaker mean the same as defined in section 235B.2, subsection 1.
    Sec. 56.  Section 915.84, subsection 3, Code 2014, is amended to read as follows:
   3.  Notwithstanding subsection 2, a victim under the age of eighteen or an elder or a dependent adult as defined in section 235B.2 who has been sexually abused or subjected to any other unlawful sexual conduct under chapter 709 or 726 or who has been the subject of a forcible felony is not required to report the crime to the local police department or county sheriff department to be eligible for compensation if the crime was allegedly committed upon a child by a person responsible for the care of a child, as defined in section 232.68, subsection 8, or upon an elder as defined in section 235B.2 by any person, or upon a dependent adult by a caretaker as defined in section 235B.2, and was reported to an employee of the department of human services and the employee verifies the report to the department.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill expands provisions relating to dependent adult abuse including reporting of dependent adult abuse, the dependent adult abuse registry, and provision of protective services to be applicable to elders and elder abuse. The bill defines “elder” to be a resident of this state who is 65 years of age or older. 
   The bill eliminates the restriction of the definition of abuse to only perpetration of abuse by caretakers and instead provides that abuse may be perpetrated by any person including a caretaker. The bill defines “abuse” to include financial exploitation which means the illegal, unauthorized, or improper taking or use of an elder’s or dependent adult’s funds, property, or assets for the personal or pecuniary profit or benefit of a person other than the elder or dependent adult. Financial exploitation includes but is not limited to possessing or using an elder’s or dependent adult’s funds, property, or other assets through undue influence, harassment, duress, deception, or misrepresentation for the profit or benefit of a person other than the elder or dependent adult. However, the bill specifically excludes from the definition of abuse, good-faith assistance in managing the financial affairs of an elder or dependent adult by a family or household member or other person, undertaken at the request of an elder, dependent adult, or a family member, guardian or conservator of an elder or dependent adult.
   The bill adds a provision regarding the making of a report of suspected elder or dependent adult abuse to provide that a person making a report who reasonably believes that an elder or dependent adult is in immediate danger shall also make a report to the appropriate law enforcement agency.
   The bill provides other criminal relief for older individuals.
   The bill establishes the crime of theft against an older individual which enhances the penalties for the existing crime of theft by one degree based upon the victim being an older individual.
   The bill amends the criminal provision providing for additional civil penalties for consumer frauds against the elderly to apply to the provision to consumer frauds against older individuals 60 years of age or older.
   The bill establishes the crime of financial exploitation of an older individual. A person commits financial exploitation of an older individual when the person stands in a position of trust or confidence with the older individual and knowingly and by undue influence, deception, coercion, fraud, breach of fiduciary duty, or extortion, obtains control over or otherwise uses the benefits, property, resources, belongings, or assets of the older individual. The criminal penalties range from a serious misdemeanor to a class “B” felony based on the amount of benefits, property, resources, belongings, or assets of the older individual involved. In addition, the application of the class “B” felony is adjusted based on the increased age of the older individual in addition to the value of the benefits, property, resources, belongings, or assets involved.
   The bill makes conforming changes throughout the Code to provide that provisions currently applicable to dependent adult abuse are also applicable to elder abuse.