House
Study
Bill
74
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
INSPECTIONS
AND
APPEALS
BILL)
A
BILL
FOR
An
Act
relating
to
reports
of
personal
degradation
by
1
caretakers
of
dependent
adults
in
facilities
and
programs
2
regulated
by
the
department
of
inspections
and
appeals.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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1205DP
(3)
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S.F.
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H.F.
_____
Section
1.
Section
235E.2,
subsection
1,
paragraph
c,
Code
1
2019,
is
amended
to
read
as
follows:
2
c.
A
report
of
dependent
adult
abuse
that
meets
the
3
definition
of
dependent
adult
abuse
under
section
235E.1,
4
subsection
5
,
paragraph
“a”
,
subparagraph
(1),
subparagraph
5
division
(a)
or
(d),
or
section
235E.1,
subsection
5,
paragraph
6
“a”
,
subparagraph
(3),
which
the
department
determines
is
7
minor,
isolated,
and
unlikely
to
reoccur
shall
be
collected
and
8
maintained
by
the
department
of
human
services
as
an
assessment
9
only
for
a
five-year
period
and
shall
not
be
included
in
the
10
central
registry
and
shall
not
be
considered
to
be
founded
11
dependent
adult
abuse.
A
subsequent
report
of
dependent
adult
12
abuse
that
meets
the
definition
of
dependent
adult
abuse
under
13
section
235E.1,
subsection
5
,
paragraph
“a”
,
subparagraph
14
(1),
subparagraph
division
(a)
or
(d),
or
section
235E.1,
15
subsection
5,
paragraph
“a”
,
subparagraph
(3),
that
occurs
16
within
the
five-year
period,
and
that
is
committed
by
the
17
caretaker
responsible
for
the
act
or
omission
which
was
the
18
subject
of
the
previous
report
of
dependent
adult
abuse
which
19
the
department
determined
was
minor,
isolated,
and
unlikely
to
20
reoccur,
may
be
considered
minor,
isolated,
and
unlikely
to
21
reoccur
depending
on
the
circumstances
of
the
report.
22
EXPLANATION
23
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
24
the
explanation’s
substance
by
the
members
of
the
general
assembly.
25
This
bill
relates
to
reports
of
personal
degradation
by
26
caretakers
of
dependent
adults
in
facilities
and
programs
27
regulated
by
the
department
of
inspections
and
appeals
(DIA).
28
Under
current
law,
a
report
of
dependent
adult
abuse
29
involving
physical
injury,
unreasonable
confinement
or
30
punishment,
assault,
or
neglect
by
a
caretaker
of
a
dependent
31
adult
in
a
facility
or
program
which
DIA
determines
is
minor,
32
isolated,
and
unlikely
to
reoccur
is
collected
and
maintained
33
by
the
department
of
human
services
(DHS)
as
an
assessment
34
only
for
a
five-year
period,
is
not
included
in
the
central
35
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2
S.F.
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H.F.
_____
dependent
adult
abuse
registry,
and
is
not
considered
founded
1
dependent
adult
abuse.
A
subsequent
report
of
dependent
adult
2
abuse
involving
physical
injury,
unreasonable
confinement
or
3
punishment,
assault,
or
neglect
that
occurs
within
that
same
4
five-year
period
by
the
same
caretaker
who
was
the
subject
of
5
the
previous
report
may
be
considered
minor,
isolated,
and
6
unlikely
to
reoccur
depending
on
the
circumstances.
7
The
bill
expands
current
law
to
provide
that
a
report
of
8
dependent
adult
abuse
involving
personal
degradation
by
a
9
caretaker
of
a
dependent
adult
in
a
facility
or
program
which
10
DIA
determines
is
minor,
isolated,
and
unlikely
to
reoccur
11
shall
be
collected
and
maintained
by
DHS
as
an
assessment
12
only
for
a
five-year
period,
shall
not
be
included
in
the
13
central
dependent
adult
abuse
registry,
and
shall
not
be
14
considered
founded
dependent
adult
abuse.
A
subsequent
report
15
of
dependent
adult
abuse
involving
personal
degradation
that
16
occurs
within
that
same
five-year
period
by
the
same
caretaker
17
who
was
the
subject
of
the
previous
report
may
be
considered
18
minor,
isolated,
and
unlikely
to
reoccur
depending
on
the
19
circumstances.
20
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