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 TLSB 1205DP (3) 88 hb/rh
S.F. _____ 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 -1- LSB 1205DP (3) 88 hb/rh 1/ 2
S.F. _____ 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 -2- LSB 1205DP (3) 88 hb/rh 2/ 2