House File 569 - Reprinted HOUSE FILE 569 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 112) (As Amended and Passed by the House April 9, 2019 ) A BILL FOR An Act relating to personal degradation of a dependent adult 1 as a form of dependent adult abuse by a caretaker regulated 2 by the department of human services, and making penalties 3 applicable. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 HF 569 (4) 88 hb/rh/md
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) (i) “Personal degradation” means a willful act or 5 statement by a caretaker intended to shame, degrade, humiliate, 6 or 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, or 15 where the caretaker knew or reasonably should have known the 16 act would cause shame, degradation, humiliation, or harm to the 17 personal dignity of a reasonable person. 18 (ii) “Personal degradation” does not include any of the 19 following: 20 (A) The taking, transmission, or display of an electronic 21 image of a dependent adult for the purpose of reporting 22 dependent adult abuse to law enforcement, the department, 23 or any other regulatory agency that oversees caretakers or 24 enforces abuse or neglect provisions, or for the purpose of 25 treatment or diagnosis or as part of an ongoing investigation. 26 (B) The taking, transmission, or display of an electronic 27 image by a caretaker who takes, transmits, or displays the 28 electronic image in accordance with the confidentiality policy 29 and release of information or consent policies of a contractor, 30 employer, or facility or program not covered under section 31 235E.1, subsection 5, paragraph “a” , subparagraph (3). 32 (C) A statement by a caretaker who is the spouse of a 33 dependent adult that is not intended to shame, degrade, 34 humiliate, or otherwise harm the personal dignity of the 35 -1- HF 569 (4) 88 hb/rh/md 1/ 2
H.F. 569 dependent adult spouse. 1 Sec. 2. Section 235B.3, subsection 1, paragraph c, Code 2 2019, is amended to read as follows: 3 c. A report of dependent adult abuse that meets the 4 definition of dependent adult abuse under section 235B.2, 5 subsection 5 , paragraph “a” , subparagraph (1), subparagraph 6 division (a) or (d), or section 235B.2, subsection 5, paragraph 7 “a” , subparagraph (4), which the department determines is 8 minor, isolated, and unlikely to reoccur shall be collected 9 and maintained by the department as an assessment only for 10 a five-year period and shall not be included in the central 11 registry and shall not be considered to be founded dependent 12 adult abuse. However, a subsequent report of dependent adult 13 abuse that meets the definition of dependent adult abuse under 14 section 235B.2, subsection 5 , paragraph “a” , subparagraph 15 (1), subparagraph division (a) or (d), or section 235B.2, 16 subsection 5, paragraph “a” , subparagraph (4), that occurs 17 within the five-year period and that is committed by the 18 caretaker responsible for the act or omission which was the 19 subject of the previous report of dependent adult abuse which 20 the department determined was minor, isolated, and unlikely to 21 reoccur shall not be considered minor, isolated, and unlikely 22 to reoccur. 23 -2- HF 569 (4) 88 hb/rh/md 2/ 2