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House Study Bill 74 - IntroducedA Bill ForAn Act 1relating to reports of personal degradation by
2caretakers of dependent adults in facilities and programs
3regulated by the department of inspections and appeals.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 235E.2, subsection 1, paragraph c, Code
22019, is amended to read as follows:
3c. A report of dependent adult abuse that meets the
4definition of dependent adult abuse under section 235E.1,
5subsection 5, paragraph “a”, subparagraph (1), subparagraph
6division (a) or (d), or section 235E.1, subsection 5, paragraph
7“a”, subparagraph (3), which the department determines is
8minor, isolated, and unlikely to reoccur shall be collected and
9maintained by the department of human services as an assessment
10only for a five-year period and shall not be included in the
11central registry and shall not be considered to be founded
12dependent adult abuse. A subsequent report of dependent adult
13abuse that meets the definition of dependent adult abuse under
14section 235E.1, subsection 5, paragraph “a”, subparagraph
15(1), subparagraph division (a) or (d), or section 235E.1,
16subsection 5, paragraph “a”, subparagraph (3), that occurs
17within the five-year period, and that is committed by the
18caretaker responsible for the act or omission which was the
19subject of the previous report of dependent adult abuse which
20the department determined was minor, isolated, and unlikely to
21reoccur, may be considered minor, isolated, and unlikely to
22reoccur depending on the circumstances of the report.
23EXPLANATION
24The inclusion of this explanation does not constitute agreement with
25the explanation’s substance by the members of the general assembly.
26This bill relates to reports of personal degradation by
27caretakers of dependent adults in facilities and programs
28regulated by the department of inspections and appeals (DIA).
29Under current law, a report of dependent adult abuse
30involving physical injury, unreasonable confinement or
31punishment, assault, or neglect by a caretaker of a dependent
32adult in a facility or program which DIA determines is minor,
33isolated, and unlikely to reoccur is collected and maintained
34by the department of human services (DHS) as an assessment
35only for a five-year period, is not included in the central
-1-1dependent adult abuse registry, and is not considered founded
2dependent adult abuse. A subsequent report of dependent adult
3abuse involving physical injury, unreasonable confinement or
4punishment, assault, or neglect that occurs within that same
5five-year period by the same caretaker who was the subject of
6the previous report may be considered minor, isolated, and
7unlikely to reoccur depending on the circumstances.
8The bill expands current law to provide that a report of
9dependent adult abuse involving personal degradation by a
10caretaker of a dependent adult in a facility or program which
11DIA determines is minor, isolated, and unlikely to reoccur
12shall be collected and maintained by DHS as an assessment
13only for a five-year period, shall not be included in the
14central dependent adult abuse registry, and shall not be
15considered founded dependent adult abuse. A subsequent report
16of dependent adult abuse involving personal degradation that
17occurs within that same five-year period by the same caretaker
18who was the subject of the previous report may be considered
19minor, isolated, and unlikely to reoccur depending on the
20circumstances.
-2-hb/rh
2caretakers of dependent adults in facilities and programs
3regulated by the department of inspections and appeals.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 235E.2, subsection 1, paragraph c, Code
22019, is amended to read as follows:
3c. A report of dependent adult abuse that meets the
4definition of dependent adult abuse under section 235E.1,
5subsection 5, paragraph “a”, subparagraph (1), subparagraph
6division (a) or (d), or section 235E.1, subsection 5, paragraph
7“a”, subparagraph (3), which the department determines is
8minor, isolated, and unlikely to reoccur shall be collected and
9maintained by the department of human services as an assessment
10only for a five-year period and shall not be included in the
11central registry and shall not be considered to be founded
12dependent adult abuse. A subsequent report of dependent adult
13abuse that meets the definition of dependent adult abuse under
14section 235E.1, subsection 5, paragraph “a”, subparagraph
15(1), subparagraph division (a) or (d), or section 235E.1,
16subsection 5, paragraph “a”, subparagraph (3), that occurs
17within the five-year period, and that is committed by the
18caretaker responsible for the act or omission which was the
19subject of the previous report of dependent adult abuse which
20the department determined was minor, isolated, and unlikely to
21reoccur, may be considered minor, isolated, and unlikely to
22reoccur depending on the circumstances of the report.
23EXPLANATION
24The inclusion of this explanation does not constitute agreement with
25the explanation’s substance by the members of the general assembly.
26This bill relates to reports of personal degradation by
27caretakers of dependent adults in facilities and programs
28regulated by the department of inspections and appeals (DIA).
29Under current law, a report of dependent adult abuse
30involving physical injury, unreasonable confinement or
31punishment, assault, or neglect by a caretaker of a dependent
32adult in a facility or program which DIA determines is minor,
33isolated, and unlikely to reoccur is collected and maintained
34by the department of human services (DHS) as an assessment
35only for a five-year period, is not included in the central
-1-1dependent adult abuse registry, and is not considered founded
2dependent adult abuse. A subsequent report of dependent adult
3abuse involving physical injury, unreasonable confinement or
4punishment, assault, or neglect that occurs within that same
5five-year period by the same caretaker who was the subject of
6the previous report may be considered minor, isolated, and
7unlikely to reoccur depending on the circumstances.
8The bill expands current law to provide that a report of
9dependent adult abuse involving personal degradation by a
10caretaker of a dependent adult in a facility or program which
11DIA determines is minor, isolated, and unlikely to reoccur
12shall be collected and maintained by DHS as an assessment
13only for a five-year period, shall not be included in the
14central dependent adult abuse registry, and shall not be
15considered founded dependent adult abuse. A subsequent report
16of dependent adult abuse involving personal degradation that
17occurs within that same five-year period by the same caretaker
18who was the subject of the previous report may be considered
19minor, isolated, and unlikely to reoccur depending on the
20circumstances.
-2-hb/rh