§ 235B.9 — Sealing and expungement of dependent adult abuse information

Iowa § 235B.9

• Jurisdiction: Iowa
• Title VI: HUMAN SERVICES
• Ch. 235B: DEPENDENT ADULT ABUSE SERVICES — INFORMATION REGISTRY

Text

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
§235B.9, DEPENDENT ADULT ABUSE SERVICES — INFORMATION REGISTRY 12
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.