Text: HSB659            Text: HSB661


House Study Bill 660

SENATE/HOUSE FILE BY (PROPOSED DEPARTMENT OF ELDER AFFAIRS BILL) Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to dependent adult abuse and dependent adult 2 endangerment and providing penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5110DP 80 5 rh/pj/5 PAG LIN 1 1 Section 1. Section 235B.1, subsection 4, paragraph a, 1 2 subparagraph (1), Code 2003, is amended to read as follows: 1 3 (1) Advise the director of human services and the 1 4 administrator of the division of child and family services of 1 5 the department of human services regarding departments charged 1 6 with the responsibility of addressing dependent adult abuse. 1 7 Sec. 2. Section 235B.2, subsection 4, Code 2003, is 1 8 amended to read as follows: 1 9 4. "Dependent adult" means a person eighteen years of age 1 10 or older who is unable to protect the person's own interests 1 11 or unable to adequately perform or obtain services necessary 1 12 to meet essential human needs, as a result of a physical or 1 13 mental condition which requires assistance from another, or a 1 14 person eighteen years of age or older who is certified for 1 15 residency in a health care facility pursuant to chapter 135C, 1 16 or as defined by departmental rule. 1 17 Sec. 3. Section 235B.3, subsection 2, Code Supplement 1 18 2003, is amended to read as follows: 1 19 2. All of the following persons shall report suspected 1 20 dependent adult abuse to the department: 1 21 a. A social worker. 1 22 b. A certified psychologist. 1 23 c. a. A person who, in the course of employment, examines, 1 24 attends, counsels, or treats a dependent adult and reasonably 1 25 believes the dependent adult has suffered abuse, including: 1 26 (1) A member of the staff of a community mental health 1 27 center, a member of the staff of a hospital, a member of the 1 28 staff or employee of a public or private health care facility 1 29 as defined in section 135C.1. 1 30 (2) A peace officer. 1 31 (3) An in=home homemaker=home health aide. 1 32 (4) An individual employed as an outreach person. 1 33 (5) A health practitioner, as defined in section 232.68. 1 34 (6) A member of the staff or an employee of a supported 1 35 community living service, sheltered workshop, or work activity 2 1 center. 2 2 (7) A social worker. 2 3 (8) A certified psychologist. 2 4 d. A person who performs inspections of elder group homes 2 5 for the department of inspections and appeals and a resident 2 6 advocate committee member assigned to an elder group home 2 7 pursuant to chapter 231B. 2 8 b. A licensed funeral director. 2 9 Sec. 4. Section 235B.3, Code Supplement 2003, is amended 2 10 by adding the following new subsection: 2 11 NEW SUBSECTION. 3A. An employee of a financial 2 12 institution may report cases of suspected financial 2 13 exploitation of a dependent adult to the department. 2 14 Sec. 5. Section 235B.18, subsection 1, Code 2003, is 2 15 amended to read as follows: 2 16 1. If the department reasonably determines that a 2 17 dependent adult is a victim of dependent adult abuse and lacks 2 18 capacity to consent to the receipt of protective services, the 2 19 department may petition the district court in the county in 2 20 which the dependent adult resides for an order authorizing the 2 21 provision of protective services. The petition shall allege 2 22 specific facts sufficient to demonstrate that the dependent 2 23 adult is in need of protective services and lacks capacity to 2 24 consent to the receipt of services. 2 25 Sec. 6. Section 235B.19, subsection 1, Code 2003, is 2 26 amended to read as follows: 2 27 1. If the department determines that a dependent adult is 2 28 suffering from dependent adult abuse which presents an 2 29 immediate danger to the health or safety of the dependent 2 30 adult, that the dependent adult lacks capacity to consent to 2 31 receive protective services, and that no consent can be 2 32 obtained, the department may petition the district court with 2 33 probate jurisdiction in the county in which the dependent 2 34 adult resides for an emergency order authorizing protective 2 35 services. 3 1 Sec. 7. Section 235B.19, subsection 6, unnumbered 3 2 paragraph 1, Code 2003, is amended to read as follows: 3 3 The department, upon finding that dependent adult abuse has 3 4 occurred and is either ongoing or is likely to reoccur, may 3 5 petition the district court in the county in which the 3 6 dependent adult resides for injunctive relief against the 3 7 alleged perpetrator. The petition shall conform to the 3 8 requirements of subsection 2 and shall specify the relief 3 9 sought. Upon finding that dependent adult abuse has occurred 3 10 and that the abuse is either ongoing or likely to reoccur, the 3 11 court may also enter temporary orders as may be appropriate to 3 12 third persons enjoining them from specific conduct. The 3 13 orders may include temporary restraining orders which impose 3 14 criminal sanctions if violated. In instances of self=denial 3 15 of critical care, the court may enter temporary orders 3 16 authorizing the provision of support services to the dependent 3 17 adult. Temporary orders entered pursuant to this subsection 3 18 shall remain in effect for a period of thirty days from the 3 19 date of entry unless extended for good cause. Third parties 3 20 enjoined under this subsection shall be provided notice of the 3 21 court order in accordance with court rules. The court may 3 22 enjoin third persons from any of the following: 3 23 Sec. 8. NEW SECTION. 726.9 DEPENDENT ADULT ENDANGERMENT. 3 24 1. A caretaker commits dependent adult endangerment when 3 25 the caretaker through willful or negligent acts or omissions 3 26 does any of the following: 3 27 a. Creates a substantial risk to a dependent adult's 3 28 physical, mental, or emotional health or safety. 3 29 b. Uses unreasonable force, torture, or cruelty that 3 30 results in bodily injury, or that is intended to cause serious 3 31 injury. 3 32 c. Causes bodily injury to, unreasonably confines, 3 33 unreasonably punishes, or assaults a dependent adult. 3 34 d. Evidences unreasonable force, torture, or cruelty that 3 35 causes substantial mental or emotional harm to a dependent 4 1 adult. 4 2 e. Deprives a dependent adult of necessary food, clothing, 4 3 shelter, health care, or supervision when the person is 4 4 reasonably able to make the necessary provisions and which 4 5 deprivation substantially harms the dependent adult. 4 6 f. Permits the continuing physical or sexual abuse of a 4 7 dependent adult. 4 8 g. With or against a dependent adult, commits a sexual 4 9 offense under chapter 709 or section 726.2. 4 10 h. Abandons the dependent adult to fend for the dependent 4 11 adult's own self, knowing that the dependent adult is unable 4 12 to do so. 4 13 i. Exploits the dependent adult by the act or process of 4 14 taking financial resources or property from the dependent 4 15 adult without the informed consent of the dependent adult, 4 16 including by theft, undue influence, harassment, duress, 4 17 deception, false representation, or false pretense. 4 18 2. A caretaker who intentionally commits dependent adult 4 19 endangerment resulting in serious or bodily injury to a 4 20 dependent adult is guilty of a class "C" felony. 4 21 3. A caretaker who recklessly commits dependent adult 4 22 endangerment resulting in serious or bodily injury to a 4 23 dependent adult is guilty of a class "D" felony. 4 24 4. A caretaker who commits dependent adult endangerment 4 25 not resulting in serious or bodily injury to a dependent adult 4 26 is guilty of an aggravated misdemeanor. 4 27 5. A caretaker who commits dependent adult endangerment by 4 28 exploiting a dependent adult by the act or process of taking 4 29 financial resources or property without the informed consent 4 30 of the dependent adult is guilty of a class "D" felony. 4 31 6. A caretaker alleged to have committed a violation of 4 32 this section shall be charged with the respective offense 4 33 cited, unless a charge may be brought based upon a more 4 34 serious offense, in which case the charge of the more serious 4 35 offense shall supercede the less serious charge. 5 1 7. For the purposes of this section, "dependent adult" 5 2 means dependent adult as defined in section 235B.2 and 5 3 "caretaker" means a caretaker as defined in section 235B.2. 5 4 Sec. 9. Section 235B.20, Code 2003, is repealed. 5 5 EXPLANATION 5 6 This bill relates to dependent adult abuse. 5 7 The bill provides that the dependent adult abuse advisory 5 8 council is to advise not only the director of human services 5 9 and the administrator of the division of child and family 5 10 services regarding dependent adult abuse, but is to advise the 5 11 departments charged with addressing dependent adult abuse. 5 12 The bill defines "dependent adult" to include a person 18 5 13 years of age or older who is certified for residency in a 5 14 health care facility or as defined by departmental rule. 5 15 The bill specifies that the persons who are required to 5 16 report suspected dependent adult abuse do not include all 5 17 social workers and certified psychologists, but only those 5 18 social workers and certified psychologists who, in the course 5 19 of employment, examine, attend, counsel, or treat a dependent 5 20 adult and who reasonably believe the dependent adult has 5 21 suffered abuse. The bill eliminates persons who perform 5 22 inspections of elder group homes and resident advocate 5 23 committee members assigned to elder group homes from the list 5 24 of persons required to report suspected dependent adult abuse. 5 25 The bill adds licensed funeral directors to this list. In 5 26 addition, the bill specifies that an employee of a financial 5 27 institution may report cases of suspected financial 5 28 exploitation to the department of human services. 5 29 The bill specifies that a petition for an order authorizing 5 30 the provision of protective services or authorizing an 5 31 emergency order for protective services is to be filed with 5 32 the district court in the county in which the dependent adult 5 33 resides. The bill also provides that if the department of 5 34 human services finds that dependent adult abuse has occurred 5 35 and is ongoing or likely to reoccur, the department may 6 1 petition the court for injunctive relief against the alleged 6 2 perpetrator and directs that the court may enter temporary 6 3 orders as appropriate. The bill eliminates the court's 6 4 discretion to include temporary restraining orders which 6 5 impose criminal sanctions. The bill also provides that if the 6 6 court enters a temporary order, the order remains in effect 6 7 for 30 days unless extended for good cause. Third parties 6 8 enjoined under these provisions are to be provided notice of 6 9 the court order in accordance with court rules. 6 10 The bill eliminates a provision in Code chapter 235B 6 11 relating to initiation of charges and penalties for dependent 6 12 adult abuse, modifies the provision, and relocates it in Code 6 13 chapter 726 (protection of the family and dependent persons), 6 14 which is located in the criminal law portion of the Code. 6 15 This provision has been retitled "dependent adult 6 16 endangerment". 6 17 Under current law in Code section 235B.20, a caretaker who 6 18 intentionally commits dependent adult abuse that results in 6 19 serious injury to the dependent adult is guilty of a class "C" 6 20 felony and if the abuse was committed in a reckless manner, 6 21 the person is guilty of a class "D" felony. Under current 6 22 provisions, a caretaker who intentionally commits dependent 6 23 adult abuse that results in physical injury is guilty of a 6 24 class "C" felony and if the abuse was committed in a reckless 6 25 manner, the person is guilty of an aggravated misdemeanor. 6 26 Additionally, under current provisions, if a caretaker 6 27 exploits a dependent adult, and the value of the property, 6 28 assets or resources exceeds $100, the person is guilty of a 6 29 class "D" felony, and if the value is $100 or less, the person 6 30 is guilty of a simple misdemeanor. 6 31 Under the bill, a caretaker who commits dependent adult 6 32 endangerment is subject to criminal penalties. Under the 6 33 bill, a caretaker commits dependent adult endangerment if the 6 34 caretaker through willful or negligent acts or omissions does 6 35 any of the following: 7 1 1. Creates a substantial risk to a dependent adult's 7 2 physical, mental, or emotional health or safety. 7 3 2. Uses unreasonable force, torture, or cruelty that 7 4 results in bodily injury, or that is intended to cause serious 7 5 injury. 7 6 3. Causes bodily injury to, unreasonably confines, 7 7 unreasonably punishes, or assaults a dependent adult. 7 8 4. Evidences unreasonable force, torture, or cruelty, that 7 9 causes substantial mental or emotional harm to a dependent 7 10 adult. 7 11 5. Deprives a dependent adult of necessary food, clothing, 7 12 shelter, health care, or supervision when the caretaker is 7 13 reasonably able to make the necessary provisions and which 7 14 deprivation substantially harms the dependent adult. 7 15 6. Permits the continuing physical or sexual abuse of a 7 16 dependent adult. 7 17 7. With or against a dependent adult commits a sexual 7 18 offense under Code chapter 709 or Code section 726.2. 7 19 8. Abandons the dependent adult to fend for the dependent 7 20 adult's own self, knowing that the dependent adult is unable 7 21 to do so. 7 22 9. Exploits a dependent adult by the act or process of 7 23 taking financial resources or property from the dependent 7 24 adult without the informed consent of the dependent adult, 7 25 including by theft, undue influence, harassment, duress, 7 26 deception, false representation, or false pretense. 7 27 The bill provides that if a caretaker intentionally commits 7 28 dependent adult endangerment that results in serious or bodily 7 29 injury, the person is guilty of a class "C" felony, and if the 7 30 endangerment was committed in a reckless manner, the person is 7 31 guilty of a class "D" felony. If a person commits dependent 7 32 adult endangerment that does not result in serious or bodily 7 33 injury to a dependent adult, the person is guilty of an 7 34 aggravated misdemeanor. A person who exploits a dependent 7 35 adult is guilty of a class "D" felony. 8 1 LSB 5110DP 80 8 2 rh/pj/5
Text: HSB659            Text: HSB661