235B.3 - DEPENDENT ADULT ABUSE REPORTS.
235B.3 DEPENDENT ADULT ABUSE REPORTS.
1. a. (1) The department shall receive dependent adult abuse
reports and shall collect, maintain, and disseminate the reports by
establishing a central registry for dependent adult abuse
information. The department shall evaluate the reports
expeditiously.
(2) However, the department of inspections and appeals is solely
responsible for the evaluation and disposition of dependent adult
abuse cases within facilities and programs pursuant to chapter 235E
and shall inform the department of human services of such evaluations
and dispositions pursuant to section 235E.2.
(3) If, in the course of an assessment or evaluation of a report
of dependent adult abuse, the department of human services or the
department of inspections and appeals determines the case involves
wages, workplace safety, or other labor and employment matters under
the jurisdiction of the division of labor services of the department
of workforce development, the relevant portions of the case shall be
referred to the division.
(4) If, in the course of an assessment or evaluation of a report
of dependent adult abuse, the department of human services or the
department of inspections and appeals determines that the case
involves discrimination under the jurisdiction of the civil rights
commission, the relevant portions of the case shall be referred to
the commission.
b. Reports of dependent adult abuse which is the result of
the acts or omissions of the dependent adult shall be collected and
maintained in the files of the dependent adult as assessments only
and shall not be included in the central registry.
c. A report of dependent adult abuse that meets the
definition of dependent adult abuse under section 235B.2, subsection
5, paragraph "a", subparagraph (1), subparagraph division (a) or
(d), which the department determines is minor, isolated, and unlikely
to reoccur shall be collected and maintained by the department as an
assessment only for a five-year period and shall not be included in
the central registry and shall not be considered to be founded
dependent adult abuse. However, a subsequent report of dependent
adult abuse that meets the definition of dependent adult abuse under
section 235B.2, subsection 5, paragraph "a", subparagraph (1),
subparagraph division (a) or (d), that occurs within the five-year
period and that is committed by the caretaker responsible for the act
or omission which was the subject of the previous report of dependent
adult abuse which the department determined was minor, isolated, and
unlikely to reoccur shall not be considered minor, isolated, and
unlikely to reoccur.
2. A person who, in the course of employment, examines, attends,
counsels, or treats a dependent adult and reasonably believes the
dependent adult has suffered abuse, shall report the suspected
dependent adult abuse to the department. Persons required to report
include all of the following:
a. A member of the staff of a community mental health center.
b. A peace officer.
c. An in-home homemaker-home health aide.
d. An individual employed as an outreach person.
e. A health practitioner, as defined in section 232.68.
f. A member of the staff or an employee of a supported
community living service, sheltered workshop, or work activity
center.
g. A social worker.
h. A certified psychologist.
3. a. If a staff member or employee is required to report
pursuant to this section, the person shall immediately notify the
department and shall also immediately notify the person in charge or
the person's designated agent.
b. The employer or supervisor of a person who is required to
or may make a report pursuant to this section shall not apply a
policy, work rule, or other requirement that interferes with the
person making a report of dependent adult abuse or that results in
the failure of another person to make the report.
4. An employee of a financial institution may report suspected
financial exploitation of a dependent adult to the department.
5. Any other person who believes that a dependent adult has
suffered abuse may report the suspected abuse to the department of
human services.
6. Following the reporting of suspected dependent adult abuse,
the department of human services or an agency approved by the
department shall complete an assessment of necessary services and
shall make appropriate referrals for receipt of these services. The
assessment shall include interviews with the dependent adult, and, if
appropriate, with the alleged perpetrator of the dependent adult
abuse and with any person believed to have knowledge of the
circumstances of the case. The department may provide necessary
protective services and may establish a sliding fee schedule for
those persons able to pay a portion of the protective services.
7. Upon a showing of probable cause that a dependent adult has
been abused, a court may authorize a person, also authorized by the
department, to make an evaluation, to enter the residence of, and to
examine the dependent adult. Upon a showing of probable cause that a
dependent adult has been financially exploited, a court may authorize
a person, also authorized by the department, to make an evaluation,
and to gain access to the financial records of the dependent adult.
8. If the department determines that disclosure is necessary for
the protection of a dependent adult, the department may disclose to a
subject of a dependent adult abuse report referred to in section
235B.6, subsection 2, paragraph "a", that an individual is listed
in the child or dependent adult abuse registry or is required to
register with the sex offender registry in accordance with chapter
692A.
9. The department shall inform the appropriate county attorneys
of any reports of dependent adult abuse. The department may request
information from any person believed to have knowledge of a case of
dependent adult abuse. The person, including but not limited to a
county attorney, a law enforcement agency, a multidisciplinary team,
a social services agency in the state, or any person who is required
pursuant to subsection 2 to report dependent adult abuse, whether or
not the person made the specific dependent adult abuse report, shall
cooperate and assist in the evaluation upon the request of the
department. If the department's assessment reveals that dependent
adult abuse exists which might constitute a criminal offense, a
report shall be made to the appropriate law enforcement agency.
County attorneys and appropriate law enforcement agencies shall also
take any other lawful action necessary or advisable for the
protection of the dependent adult.
a. If, upon completion of the evaluation or upon referral
from the department of inspections and appeals, the department
determines that the best interests of the dependent adult require
court action, the department shall initiate action for the
appointment of a guardian or conservator or for admission or
commitment to an appropriate institution or facility pursuant to the
applicable procedures under chapter 125, 222, 229, or 633, or shall
pursue other remedies provided by law. The appropriate county
attorney shall assist the department in the preparation of the
necessary papers to initiate the action and shall appear and
represent the department at all district court proceedings.
b. The department shall assist the court during all stages of
court proceedings involving a suspected case of dependent adult
abuse.
c. In every case involving abuse which is substantiated by
the department and which results in a judicial proceeding on behalf
of the dependent adult, legal counsel shall be appointed by the court
to represent the dependent adult in the proceedings. The court may
also appoint a guardian ad litem to represent the dependent adult if
necessary to protect the dependent adult's best interests. The same
attorney may be appointed to serve both as legal counsel and as
guardian ad litem. Before legal counsel or a guardian ad litem is
appointed pursuant to this section, the court shall require the
dependent adult and any person legally responsible for the support of
the dependent adult to complete under oath a detailed financial
statement. If, on the basis of that financial statement, the court
deems that the dependent adult or the legally responsible person is
able to bear all or a portion of the cost of the legal counsel or
guardian ad litem, the court shall so order. In cases where the
dependent adult or the legally responsible person is unable to bear
the cost of the legal counsel or guardian ad litem, the expense shall
be paid by the county.
10. A person participating in good faith in reporting or
cooperating with or assisting the department in evaluating a case of
dependent adult abuse has immunity from liability, civil or criminal,
which might otherwise be incurred or imposed based upon the act of
making the report or giving the assistance. The person has the same
immunity with respect to participating in good faith in a judicial
proceeding resulting from the report or cooperation or assistance or
relating to the subject matter of the report, cooperation, or
assistance.
11. It shall be unlawful for any person or employer to discharge,
suspend, or otherwise discipline a person required to report or
voluntarily reporting an instance of suspected dependent adult abuse
pursuant to subsection 2 or 5, or cooperating with, or assisting the
department of human services in evaluating a case of dependent adult
abuse, or participating in judicial proceedings relating to the
reporting or cooperation or assistance based solely upon the person's
reporting or assistance relative to the instance of dependent adult
abuse. A person or employer found in violation of this subsection is
guilty of a simple misdemeanor.
12. A person required by this section to report a suspected case
of dependent adult abuse who knowingly and willfully fails to do so
commits a simple misdemeanor. A person required by this section to
report a suspected case of dependent adult abuse who knowingly fails
to do so or who knowingly, in violation of subsection 3, interferes
with the making of such a report or applies a requirement that
results in such a failure is civilly liable for the damages
proximately caused by the failure.
13. The department of inspections and appeals shall adopt rules
which require facilities or programs to separate an alleged dependent
adult abuser from a victim following an allegation of perpetration of
abuse and prior to the completion of an investigation of the
allegation. Section History: Recent Form
91 Acts, ch 231, § 3; 92 Acts, ch 1143, § 8, 9; 93 Acts, ch 72,
§6; 95 Acts, ch 51, § 4; 96 Acts, ch 1130, § 3--5; 98 Acts, ch 1181,
§13; 99 Acts, ch 129, §17; 2001 Acts, ch 122, §7--10; 2003 Acts, ch
98, §2; 2003 Acts, ch 123, §2; 2003 Acts, ch 166, §27; 2003 Acts, ch
179, §69; 2004 Acts, ch 1116, §17, 18; 2006 Acts, ch 1030, §27; 2007
Acts, ch 159, §15; 2008 Acts, ch 1093, § 4--6; 2009 Acts, ch 41, §
263; 2009 Acts, ch 136, § 7
Referred to in § 235B.16