235E.2 - DEPENDENT ADULT ABUSE REPORTS IN FACILITIES AND PROGRAMS.
235E.2 DEPENDENT ADULT ABUSE REPORTS IN FACILITIES
AND PROGRAMS.
1. a. The department shall receive and evaluate reports of
dependent adult abuse in facilities and programs. The department
shall inform the department of human services of such evaluations and
dispositions for inclusion in the central registry for dependent
adult abuse information pursuant to section 235B.5.
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 235E.1, 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 of
human services 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. A subsequent report of
dependent adult abuse that meets the definition of dependent adult
abuse under section 235E.1, 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, may be
considered minor, isolated, and unlikely to reoccur depending on the
circumstances of the report.
2. A staff member or employee of a facility or program who, in
the course of employment, examines, attends, counsels, or treats a
dependent adult in a facility or program and reasonably believes the
dependent adult has suffered dependent adult abuse, shall report the
suspected dependent adult abuse to the department.
3. a. If a staff member or employee is required to make a
report pursuant to this section, the staff member or employee shall
immediately notify the person in charge or the person's designated
agent who shall then notify the department within twenty-four hours
of such notification. If the person in charge is the alleged
dependent adult abuser, the staff member shall directly report the
abuse to the department within twenty-four hours.
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 dependent adult abuse may report the suspected dependent
adult abuse to the department of inspections and appeals. The
department of inspections and appeals shall transfer any reports
received of dependent adult abuse in the community to the department
of human services. The department of human services shall transfer
any reports received of dependent adult abuse in facilities or
programs to the department of inspections and appeals.
6. 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 an investigation, the department
determines that the best interests of the dependent adult require
court action, the department shall notify the department of human
services of the potential need for 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 of human services in the
preparation of the necessary papers to initiate the action and shall
appear and represent the department of human services at all district
court proceedings.
b. Investigators within the department shall be specially
trained to investigate cases of dependent adult abuse including but
not limited to cases involving gerontological, dementia, and wound
care issues.
c. The department shall assist the court during all stages of
court proceedings involving a suspected case of dependent adult
abuse.
d. In every case involving dependent adult 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 paragraph, 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.
7. 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, cooperation, or assistance or
relating to the subject matter of the report, cooperation, or
assistance.
8. 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 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.
9. A person required by this section to report a suspected case
of dependent adult abuse pursuant to subsection 2 who knowingly and
willfully fails to do so within twenty-four hours commits a simple
misdemeanor. A person required by subsection 2 to report a suspected
case of dependent adult abuse who knowingly fails to do so or who
knowingly 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.
10. The department shall adopt rules which require facilities and
programs to separate an alleged dependent adult abuser from a victim
following an allegation of perpetration of dependent adult abuse and
prior to the completion of an investigation of the allegation.
11. Upon receiving notice from a credible source, the department
shall notify a facility or program that subsequently employs a
dependent adult abuser when the notice of investigative findings has
been issued. Such notification shall occur prior to the completion
of an investigation that is founded for dependent adult abuse.
12. An inspector of the department may enter any facility or
program without a warrant and may examine all records pertaining to
residents, employees, former employees, and the alleged dependent
adult abuser. An inspector of the department may contact or
interview any resident, employee, former employee, or any other
person who might have knowledge about the alleged dependent adult
abuse. An inspector may take or cause to be taken photographs of the
dependent adult abuse victim and the vicinity involved. The
department shall obtain consent from the dependent adult abuse victim
or guardian or other person with a power of attorney over the
dependent adult abuse victim prior to taking photographs of the
dependent adult abuse victim.
13. a. Notwithstanding section 235B.6 and chapter 22, an
employee organization or union representative may observe an
investigative interview conducted by the department of an alleged
dependent adult abuser if all of the following conditions are met:
(1) The alleged dependent adult abuser is part of a bargaining
unit that is party to a collective bargaining agreement under chapter
20 or any other applicable state or federal law.
(2) The alleged dependent adult abuser requests the presence of
an employee organization or union representative.
(3) The employee organization or union representative maintains
the confidentiality of all information from the interview subject to
the penalties provided in section 235B.12 if such confidentiality is
breached.
b. This subsection shall only apply to interviews conducted
pursuant to this chapter. This subsection does not apply to
interviews conducted pursuant to the regulatory activities of chapter
135B, 135C, 231B, 231C, or 231D, or any other state or federal law.
Section History: Recent Form
2008 Acts, ch 1093, §12; 2009 Acts, ch 41, §263; 2009 Acts, ch
133, §89
Referred to in § 235B.3, 235B.16