235B.1 Dependent adult abuse services. The department shall establish and operate a dependent adult abuse services program. The program shall emphasize the reporting and evaluation of cases of abuse of a dependent adult who is unable to protect the adult’s own interests or unable to perform activities necessary to meet essential human needs. The program […]
235B.10 Examination, requests for correction or expungement, and appeal. 1. Any person or that person’s attorney shall have the right to examine dependent adult abuse information in the registry which refers to that person. The registry may prescribe reasonable hours and places of examination. 2. A person may file with the department within six months […]
235B.11 Civil remedy. Any aggrieved person may institute a civil action for damages under chapter 669 or 670 or to restrain the dissemination of dependent adult abuse information in violation of this chapter, and any person proven to have disseminated or to have requested and received dependent adult abuse information in violation of this chapter […]
235B.12 Criminal penalties. 1. Any person who willfully requests, obtains, or seeks to obtain dependent adult abuse information under false pretenses, or who willfully communicates or seeks to communicate dependent adult abuse information to any person except in accordance with sections 235B.6 through 235B.8, or any person connected with any research authorized pursuant to section […]
235B.13 Registry reports. 1. The registry may compile statistics, conduct research, and issue reports on dependent adult abuse, provided identifying details of the subjects of dependent adult abuse reports are deleted from any report issued. 2. The registry shall issue an annual report on its administrative operation, including information as to the number of requests […]
235B.16 Information, education, and training requirements. 1. The department on aging, in cooperation with the department, shall conduct a public information and education program. The elements and goals of the program include but are not limited to: a. Informing the public regarding the laws governing dependent adult abuse and the reporting requirements for dependent adult […]
235B.16A Dependent adults — dependency assessments — interagency training. 1. The dependent adult protective advisory council established pursuant to section 235B.1 shall recommend a uniform assessment instrument and process for adoption and use by the department of human services and other agencies involved with assessing a dependent adult’s degree of dependency and determining whether dependent […]
235B.17 Provision of protective services with the consent of dependent adult — caretaker refusal. 1. If a caretaker of a dependent adult, who consents to the receipt of protective services, refuses to allow provision of the services, the department may petition the court with probate jurisdiction in the county in which the dependent adult resides […]
235B.18 Provision of services to dependent adult who lacks capacity to consent — hearing — findings. 1. If the department reasonably determines that a dependent adult is a victim of dependent adult abuse and lacks capacity to consent to the receipt of protective services, the department may petition the district court in the county in […]
235B.19 Emergency order for protective services. 1. If the department determines that a dependent adult is suffering from dependent adult abuse which presents an immediate danger to the health or safety of the dependent adult or which results in irreparable harm to the physical or financial resources or property of the dependent adult, and that […]
235B.2 Definitions. As used in this chapter, unless the context otherwise requires: 1. “Caretaker” means a related or nonrelated person who has the responsibility for the protection, care, or custody of a dependent adult as a result of assuming the responsibility voluntarily, by contract, through employment, or by order of the court. 2. “Court” means […]
235B.20 Dependent adult abuse — initiation of charges — penalty. 1. Charges of dependent adult abuse may be initiated upon complaint of private individuals or as a result of investigations by social service agencies or on the direct initiative of a county attorney or law enforcement agency. 2. A caretaker who intentionally or recklessly commits […]
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 […]
235B.3A Prevention of additional abuse — notification of rights. If a peace officer has reason to believe that dependent adult abuse, which is criminal in nature, has occurred, the officer shall use all reasonable means to prevent further abuse, including but not limited to any of the following: 1. If requested, remaining on the scene […]
235B.4 Legislative findings and purposes. 1. The general assembly finds and declares that a central registry is required to provide a single source for the statewide collection, maintenance, and dissemination of dependent adult abuse information. Such a registry is imperative for increased effectiveness in dealing with the problem of dependent adult abuse. The general assembly […]
235B.5 Creation and maintenance of a central registry. 1. There is created within the department a central registry for dependent adult abuse information. The department shall organize and staff the registry and adopt rules for its operation. 2. The registry shall collect, maintain, and disseminate dependent adult abuse information as provided in this chapter. 3. […]
235B.6 Authorized access. 1. Notwithstanding chapter 22, the confidentiality of all dependent adult abuse information shall be maintained, except as specifically provided by subsections 2 and 3. 2. Access to dependent adult abuse information other than unfounded dependent adult abuse information is authorized only to the following persons: a. A subject of a report including […]
235B.7 Requests for dependent adult abuse information. 1. Requests for dependent adult abuse information shall be in writing on forms prescribed by the department, except as otherwise provided by subsection 2. Request forms shall require information sufficient to demonstrate authorized access. 2. a. Requests for dependent adult abuse information may be made orally by telephone […]
235B.8 Redissemination of dependent adult abuse information. 1. A recipient of dependent adult abuse information authorized to receive the information shall not redisseminate the information, except that redissemination shall be permitted when all of the following conditions apply: a. The redissemination is for official purposes in connection with prescribed duties or, in the case of […]
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 […]
