Print
Senate File 426 - IntroducedA Bill ForAn Act 1including personal degradation of a dependent adult as
2a form of dependent adult abuse by a caretaker regulated
3by the department of human services, and making penalties
4applicable.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 235B.2, subsection 5, paragraph a, Code
22019, is amended by adding the following new subparagraph:
3 NEW SUBPARAGRAPH. (4) (a) Personal degradation of a
4dependent adult by a caretaker.
5(b) “Personal degradation” means a willful act or statement
6by a caretaker intended to shame, degrade, humiliate, or
7otherwise harm the personal dignity of a dependent adult, or
8where the caretaker knew or reasonably should have known the
9act or statement would cause shame, degradation, humiliation,
10or harm to the personal dignity of a reasonable person.
11“Personal degradation” includes the taking, transmission,
12or display of an electronic image of a dependent adult by a
13caretaker, where the caretaker’s actions constitute a willful
14act or statement intended to shame, degrade, humiliate, or
15otherwise harm the personal dignity of the dependent adult,
16or where the caretaker knew or reasonably should have known
17the act would cause shame, degradation, humiliation, or harm
18to the personal dignity of a reasonable person. “Personal
19degradation” does not include the taking, transmission, or
20display of an electronic image of a dependent adult for the
21purpose of reporting dependent adult abuse to law enforcement,
22the department, or other regulatory agency that oversees
23caretakers or enforces abuse or neglect provisions, or for the
24purpose of treatment or diagnosis or as part of an ongoing
25investigation. “Personal degradation” also does not include
26the taking, transmission, or display of an electronic image by
27a caretaker who takes, transmits, or displays the electronic
28image in accordance with the confidentiality policy and release
29of information or consent policies of a contractor, employer,
30or facility or program not covered under section 235E.1,
31subsection 5, paragraph “a”, subparagraph (3).
32EXPLANATION
33The inclusion of this explanation does not constitute agreement with
34the explanation’s substance by the members of the general assembly.
35This bill includes personal degradation as a form of
-1-1dependent adult abuse by a caretaker regulated by the
2department of human services pursuant to Code chapter
3235B (dependent adult abuse). The bill defines “personal
4degradation” as a willful act or statement by a caretaker
5intended to shame, degrade, humiliate, or otherwise harm
6a dependent adult’s personal dignity, or a willful act
7or statement by a caretaker where the caretaker knew or
8reasonably should have known the act or statement would
9shame, degrade, humiliate, or otherwise harm the dependent
10adult’s personal dignity. “Personal degradation” includes
11the taking, transmission, or display of an electronic image
12of a dependent adult by a caretaker, where the caretaker’s
13actions constitute a willful act or statement intended to
14shame, degrade, humiliate, or otherwise harm the personal
15dignity of the dependent adult. The bill creates an exception
16to the definition for electronic images of a dependent adult
17that are taken, transmitted, or displayed for the purpose of
18reporting dependent adult abuse or for the purpose of treatment
19or diagnosis or as part of an ongoing investigation. The bill
20provides “personal degradation” does not include the taking,
21transmission, or display of an electronic image by a caretaker
22who takes, transmits, or displays the electronic image in
23accordance with the confidentiality policy and release of
24information or consent policies of a contractor, employer,
25or facility or program not regulated by the department
26of inspections and appeals pursuant to Code chapter 235E
27(dependent adult abuse in facilities and programs).
28For purposes of Code chapter 235B, a caretaker is defined
29as a related or nonrelated person who has the responsibility
30for the protection, care, or custody of a dependent adult as a
31result of assuming the responsibility voluntarily, by contract,
32through employment, or by order of the court.
33A caretaker who commits the crime of dependent adult abuse
34by personal degradation is guilty of a serious misdemeanor.
35A serious misdemeanor is punishable by confinement for no
-2-1more than one year and a fine of at least $315 but not more
2than $1,875. A caretaker who is the subject of a report of
3dependent adult abuse may be placed on the dependent adult
4abuse registry.
-3-hb/rh
2a form of dependent adult abuse by a caretaker regulated
3by the department of human services, and making penalties
4applicable.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 235B.2, subsection 5, paragraph a, Code
22019, is amended by adding the following new subparagraph:
3 NEW SUBPARAGRAPH. (4) (a) Personal degradation of a
4dependent adult by a caretaker.
5(b) “Personal degradation” means a willful act or statement
6by a caretaker intended to shame, degrade, humiliate, or
7otherwise harm the personal dignity of a dependent adult, or
8where the caretaker knew or reasonably should have known the
9act or statement would cause shame, degradation, humiliation,
10or harm to the personal dignity of a reasonable person.
11“Personal degradation” includes the taking, transmission,
12or display of an electronic image of a dependent adult by a
13caretaker, where the caretaker’s actions constitute a willful
14act or statement intended to shame, degrade, humiliate, or
15otherwise harm the personal dignity of the dependent adult,
16or where the caretaker knew or reasonably should have known
17the act would cause shame, degradation, humiliation, or harm
18to the personal dignity of a reasonable person. “Personal
19degradation” does not include the taking, transmission, or
20display of an electronic image of a dependent adult for the
21purpose of reporting dependent adult abuse to law enforcement,
22the department, or other regulatory agency that oversees
23caretakers or enforces abuse or neglect provisions, or for the
24purpose of treatment or diagnosis or as part of an ongoing
25investigation. “Personal degradation” also does not include
26the taking, transmission, or display of an electronic image by
27a caretaker who takes, transmits, or displays the electronic
28image in accordance with the confidentiality policy and release
29of information or consent policies of a contractor, employer,
30or facility or program not covered under section 235E.1,
31subsection 5, paragraph “a”, subparagraph (3).
32EXPLANATION
33The inclusion of this explanation does not constitute agreement with
34the explanation’s substance by the members of the general assembly.
35This bill includes personal degradation as a form of
-1-1dependent adult abuse by a caretaker regulated by the
2department of human services pursuant to Code chapter
3235B (dependent adult abuse). The bill defines “personal
4degradation” as a willful act or statement by a caretaker
5intended to shame, degrade, humiliate, or otherwise harm
6a dependent adult’s personal dignity, or a willful act
7or statement by a caretaker where the caretaker knew or
8reasonably should have known the act or statement would
9shame, degrade, humiliate, or otherwise harm the dependent
10adult’s personal dignity. “Personal degradation” includes
11the taking, transmission, or display of an electronic image
12of a dependent adult by a caretaker, where the caretaker’s
13actions constitute a willful act or statement intended to
14shame, degrade, humiliate, or otherwise harm the personal
15dignity of the dependent adult. The bill creates an exception
16to the definition for electronic images of a dependent adult
17that are taken, transmitted, or displayed for the purpose of
18reporting dependent adult abuse or for the purpose of treatment
19or diagnosis or as part of an ongoing investigation. The bill
20provides “personal degradation” does not include the taking,
21transmission, or display of an electronic image by a caretaker
22who takes, transmits, or displays the electronic image in
23accordance with the confidentiality policy and release of
24information or consent policies of a contractor, employer,
25or facility or program not regulated by the department
26of inspections and appeals pursuant to Code chapter 235E
27(dependent adult abuse in facilities and programs).
28For purposes of Code chapter 235B, a caretaker is defined
29as a related or nonrelated person who has the responsibility
30for the protection, care, or custody of a dependent adult as a
31result of assuming the responsibility voluntarily, by contract,
32through employment, or by order of the court.
33A caretaker who commits the crime of dependent adult abuse
34by personal degradation is guilty of a serious misdemeanor.
35A serious misdemeanor is punishable by confinement for no
-2-1more than one year and a fine of at least $315 but not more
2than $1,875. A caretaker who is the subject of a report of
3dependent adult abuse may be placed on the dependent adult
4abuse registry.
-3-hb/rh