235B.9 - SEALING AND EXPUNGEMENT OF DEPENDENT ADULT ABUSE INFORMATION.
235B.9 SEALING AND EXPUNGEMENT OF DEPENDENT ADULT
ABUSE INFORMATION.
1. Dependent adult abuse information which is determined by a
preponderance of the evidence to be founded, shall be sealed ten
years after the receipt of the initial report of such abuse by the
registry unless good cause is shown why the information should remain
open to authorized access. If a subsequent report of founded
dependent adult abuse involving the adult named in the initial report
as the victim of abuse or a person named in such report as having
abused an adult is received by the registry within the ten-year
period, the information shall be sealed ten years after receipt of
the subsequent report unless good cause is shown why the information
should remain open to authorized access.
2. a. Dependent adult abuse reports that are rejected for
evaluation, assessment, or disposition for failure to meet the
definition of dependent adult abuse shall be expunged three years
from the rejection date.
b. Dependent adult abuse information which is determined by a
preponderance of the evidence to be unfounded shall be expunged five
years from the date it is determined to be unfounded.
3. However, if a correction of dependent adult abuse information
is requested under section 235B.10 and the issue is not resolved at
the end of one year the information shall be retained until the issue
is resolved and if the dependent adult abuse information is not
determined to be founded, the information shall be expunged one year
from the date it is determined to be unfounded.
4. The registry, at least annually, shall review and determine
the current status of dependent adult abuse reports which are at
least one year old and in connection with which no investigatory
report has been filed by the department. If no investigatory report
has been filed, the registry shall request the department to file a
report. If a report is not filed within ninety days subsequent to a
request, the report and relative information shall be sealed and
remain sealed unless good cause is shown why the information should
remain open to authorized access.
5. Dependent adult abuse information which is determined to be
minor, isolated, and unlikely to reoccur shall be expunged five years
after the receipt of the initial report by the department. If a
subsequent report of dependent adult abuse 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 is received
by the department within the five-year period, the information shall
be sealed ten years after receipt of the subsequent report unless
good cause can be shown why the information should remain open to
authorized access. Section History: Recent Form
91 Acts, ch 231, §9; 2003 Acts, ch 98, §6; 2007 Acts, ch 159, §16;
2009 Acts, ch 136, §8
Referred to in § 235B.4, 235B.8, 235E.4