Section 235B.18 – Provision of services to dependent adult who lacks capacity to consent — hearing — findings.
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 […]
Section 235B.19 – Emergency order for protective services.
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 […]
Section 235B.20 – Dependent adult abuse — initiation of charges — penalty.
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 […]
Section 235B.7 – Requests for dependent adult abuse information.
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 […]
Section 235B.8 – Redissemination of dependent adult abuse information.
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 […]
Section 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 […]
Section 235B.10 – Examination, requests for correction or expungement, and appeal.
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 […]
Section 235B.11 – Civil remedy.
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 […]
Section 235B.12 – Criminal penalties.
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 […]
Section 235B.13 – Registry reports.
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 […]