This text of Iowa § 235B.18 (Provision of services to dependent adult who lacks capacity to consent — hearing — findings) is published on Counsel Stack Legal Research, covering Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
hearing — findings.
1.Ifthedepartmentreasonablydeterminesthatadependentadultisavictimofdependent
adult abuse and lacks capacity to consent to the receipt of protective services, the department
may petition the district court in the county in which the dependent adult resides for an
order authorizing the provision of protective services. The petition shall allege specific facts
sufficient to demonstrate that the dependent adult is in need of protective services and lacks
capacity to consent to the receipt of services.
2.The petition specified in subsection 1 shall be verified and shall include all of the
following:
a.The name, date of birth, and address of the dependent adult alleged to be in need of
protective services.
b.The nature of the dependent adult abuse.
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hearing — findings.
1. Ifthedepartmentreasonablydeterminesthatadependentadultisavictimofdependent
adult abuse and lacks capacity to consent to the receipt of protective services, the department
may petition the district court in the county in which the dependent adult resides for an
order authorizing the provision of protective services. The petition shall allege specific facts
sufficient to demonstrate that the dependent adult is in need of protective services and lacks
capacity to consent to the receipt of services.
2. The petition specified in subsection 1 shall be verified and shall include all of the
following:
a. The name, date of birth, and address of the dependent adult alleged to be in need of
protective services.
b. The nature of the dependent adult abuse.
c. The protective services required.
3. The court shall set the case for hearing within fourteen days of the filing of the petition.
The dependent adult shall receive at least five days’ notice of the hearing. The dependent
adult has the right to be present and represented by counsel at the hearing. If the dependent
adult, in the determination of the judge, lacks the capacity to waive the right of counsel, the
court may appoint a guardian ad litem for the dependent adult.
4. If, at the hearing, the judge finds by clear and convincing evidence that the dependent
17 DEPENDENT ADULT ABUSE SERVICES — INFORMATION REGISTRY, §235B.19
adult is in need of protective services and lacks the capacity to consent to the receipt of
protective services, the judge may issue an order authorizing the provision of protective
services. The order may include the designation of a person to be responsible for performing
or obtaining protective services on behalf of the dependent adult or otherwise consenting to
the receipt of protective services on behalf of the dependent adult. Within sixty days of the
appointment of such a person the court shall conduct a review to determine if a petition shall
be initiated in accordance with section 633.556 for good cause shown. The court may extend
the sixty-day period for an additional sixty days, at the end of which the court shall conduct
a review to determine if a petition shall be initiated in accordance with section 633.556. A
dependent adult shall not be committed to a mental health facility under this section.
5. A determination by the court that a dependent adult lacks the capacity to consent to the
receipt of protective services under this chapter shall not affect incompetency proceedings
under sections 633.552, 633.556, 633.558, and 633.560 or any other proceedings, and
incompetency proceedings under sections 633.552, 633.556, 633.558, and 633.560 shall not
have a conclusive effect on the question of capacity to consent to the receipt of protective
services under this chapter. A person previously adjudicated as incompetent under the
relevant provisions of chapter 633 is entitled to the care, protection, and services under this
chapter.
6. This section shall not be construed and is not intended as and shall not imply a grant
of entitlement for services to persons who are not otherwise eligible for the services or for
utilization of services which do not currently exist or are not otherwise available.