H.F. 569 Section 1. Section 235B.2, subsection 5, paragraph a, Code 1 2019, is amended by adding the following new subparagraph: 2 NEW SUBPARAGRAPH . (4) (a) Personal degradation of a 3 dependent adult by a caretaker. 4 (b) “Personal degradation” means a willful act or statement 5 by a caretaker intended to shame, degrade, humiliate, or 6 otherwise harm the personal dignity of a dependent adult, or 7 where the caretaker knew or reasonably should have known the 8 act or statement would cause shame, degradation, humiliation, 9 or harm to the personal dignity of a reasonable person. 10 “Personal degradation” includes the taking, transmission, 11 or display of an electronic image of a dependent adult by a 12 caretaker, where the caretaker’s actions constitute a willful 13 act or statement intended to shame, degrade, humiliate, or 14 otherwise harm the personal dignity of the dependent adult, 15 or where the caretaker knew or reasonably should have known 16 the act would cause shame, degradation, humiliation, or harm 17 to the personal dignity of a reasonable person. “Personal 18 degradation” does not include the taking, transmission, or 19 display of an electronic image of a dependent adult for the 20 purpose of reporting dependent adult abuse to law enforcement, 21 the department, or other regulatory agency that oversees 22 caretakers or enforces abuse or neglect provisions, or for the 23 purpose of treatment or diagnosis or as part of an ongoing 24 investigation. “Personal degradation” also does not include 25 the taking, transmission, or display of an electronic image by 26 a caretaker who takes, transmits, or displays the electronic 27 image in accordance with the confidentiality policy and release 28 of information or consent policies of a contractor, employer, 29 or facility or program not covered under section 235E.1, 30 subsection 5, paragraph “a” , subparagraph (3). 31 Sec. 2. Section 235B.3, subsection 1, paragraph c, Code 32 2019, is amended to read as follows: 33 c. A report of dependent adult abuse that meets the 34 definition of dependent adult abuse under section 235B.2, 35 -1- LSB 1749HV (3) 88 hb/rh 1/ 4

H.F. 569 subsection 5 , paragraph “a” , subparagraph (1), subparagraph 1 division (a) or (d), or section 235B.2, subsection 5, paragraph 2 “a” , subparagraph (4), which the department determines is 3 minor, isolated, and unlikely to reoccur shall be collected 4 and maintained by the department as an assessment only for 5 a five-year period and shall not be included in the central 6 registry and shall not be considered to be founded dependent 7 adult abuse. However, a subsequent report of dependent adult 8 abuse that meets the definition of dependent adult abuse under 9 section 235B.2, subsection 5 , paragraph “a” , subparagraph 10 (1), subparagraph division (a) or (d), or section 235B.2, 11 subsection 5, paragraph “a” , subparagraph (4), that occurs 12 within the five-year period and that is committed by the 13 caretaker responsible for the act or omission which was the 14 subject of the previous report of dependent adult abuse which 15 the department determined was minor, isolated, and unlikely to 16 reoccur shall not be considered minor, isolated, and unlikely 17 to reoccur. 18 EXPLANATION 19 The inclusion of this explanation does not constitute agreement with 20 the explanation’s substance by the members of the general assembly. 21 This bill relates to personal degradation as a form 22 of dependent adult abuse by a caretaker regulated by the 23 department of human services (DHS) pursuant to Code chapter 24 235B (dependent adult abuse). 25 The bill defines “personal degradation” as a willful act or 26 statement by a caretaker intended to shame, degrade, humiliate, 27 or otherwise harm a dependent adult’s personal dignity, or a 28 willful act or statement by a caretaker where the caretaker 29 knew or reasonably should have known the act or statement would 30 shame, degrade, humiliate, or otherwise harm the dependent 31 adult’s personal dignity. “Personal degradation” includes 32 the taking, transmission, or display of an electronic image 33 of a dependent adult by a caretaker, where the caretaker’s 34 actions constitute a willful act or statement intended to 35 -2- LSB 1749HV (3) 88 hb/rh 2/ 4

H.F. 569 shame, degrade, humiliate, or otherwise harm the personal 1 dignity of the dependent adult. The bill creates an exception 2 to the definition for electronic images of a dependent adult 3 that are taken, transmitted, or displayed for the purpose of 4 reporting dependent adult abuse or for the purpose of treatment 5 or diagnosis or as part of an ongoing investigation. The bill 6 provides “personal degradation” does not include the taking, 7 transmission, or display of an electronic image by a caretaker 8 who takes, transmits, or displays the electronic image in 9 accordance with the confidentiality policy and release of 10 information or consent policies of a contractor, employer, 11 or facility or program not regulated by the department 12 of inspections and appeals pursuant to Code chapter 235E 13 (dependent adult abuse in facilities and programs). 14 For purposes of Code chapter 235B, a caretaker is defined 15 as a related or nonrelated person who has the responsibility 16 for the protection, care, or custody of a dependent adult as a 17 result of assuming the responsibility voluntarily, by contract, 18 through employment, or by order of the court. 19 A caretaker who commits the crime of dependent adult abuse 20 by personal degradation is guilty of a serious misdemeanor. 21 A serious misdemeanor is punishable by confinement for no 22 more than one year and a fine of at least $315 but not more 23 than $1,875. A caretaker who is the subject of a report of 24 dependent adult abuse may be placed on the dependent adult 25 abuse registry. 26 Under current law, a report of dependent adult abuse 27 involving physical injury, unreasonable confinement or 28 punishment, assault, or neglect by a caretaker which DHS 29 determines is minor, isolated, and unlikely to reoccur is 30 collected and maintained by DHS as an assessment only for a 31 five-year period, is not included in the central dependent 32 adult abuse registry, and is not considered founded dependent 33 adult abuse. A subsequent report of dependent adult abuse 34 involving physical injury, unreasonable confinement or 35 -3- LSB 1749HV (3) 88 hb/rh 3/ 4

H.F. 569 punishment, assault, or neglect that occurs within that same 1 five-year period by the same caretaker who was the subject of 2 the previous report may be considered minor, isolated, and 3 unlikely to reoccur depending on the circumstances. 4 The bill expands current law to provide that a report of 5 dependent adult abuse involving personal degradation by a 6 caretaker which DHS determines is minor, isolated, and unlikely 7 to reoccur shall be collected and maintained by DHS as an 8 assessment only for a five-year period, shall not be included 9 in the central dependent adult abuse registry, and shall not be 10 considered founded dependent adult abuse. A subsequent report 11 of dependent adult abuse involving personal degradation that 12 occurs within that same five-year period by the same caretaker 13 who was the subject of the previous report may be considered 14 minor, isolated, and unlikely to reoccur depending on the 15 circumstances. 16 -4- LSB 1749HV (3) 88 hb/rh 4/ 4