§ 235E.1 — Definitions

Iowa § 235E.1

• Jurisdiction: Iowa
• Title VI: HUMAN SERVICES
• Ch. 235E: DEPENDENT ADULT ABUSE IN FACILITIES AND PROGRAMS

Text

As used in this chapter, unless the context otherwise requires:
1. “Caretaker” means a person who is a staff member of a facility or program who
provides care, protection, or services to a dependent adult voluntarily, by contract, through
employment, or by order of the court.
2. “Court” means the district court.
3. “Department” means the department of inspections, appeals, and licensing.
4. “Dependent adult” means a person eighteen years of age or older whose ability to
perform the normal activities of daily living or to provide for the person’s own care or
protection is impaired, either temporarily or permanently.
5. a. “Dependent adult abuse” means:
(1) Any of the following as a result of the willful misconduct or gross negligence or
recklessactsoromissionsofacaretaker, takingintoaccountthetotalityofthecircumstances:
(a) A physical injury to, or injury which is at a variance with the history given of the
injury, or unreasonable confinement, unreasonable punishment, or assault of a dependent
adult which involves a breach of skill, care, and learning ordinarily exercised by a caretaker
in similar circumstances. “Assault of a dependent adult” means the commission of any act
which is generally intended to cause pain or injury to a dependent adult, or which is generally
intended to result in physical contact which would be considered by a reasonable person to
be insulting or offensive or any act which is intended to place another in fear of immediate
physical contact which will be painful, injurious, insulting, or offensive, coupled with the
apparent ability to execute the act.
(b) The commission of a sexual offense under chapter 709 or section 726.2 with or against
a dependent adult.
(c) Exploitation of a dependent adult. “Exploitation” means a caretaker who knowingly
obtains, uses, endeavors to obtain to use, or who misappropriates, a dependent adult’s
funds, assets, medications, or property with the intent to temporarily or permanently deprive
a dependent adult of the use, benefit, or possession of the funds, assets, medication, or
property for the benefit of someone other than the dependent adult.
(d) Neglect of a dependent adult. “Neglect of a dependent adult” means the deprivation
of the minimum food, shelter, clothing, supervision, physical or mental health care, or other
care necessary to maintain a dependent adult’s life or physical or mental health.
(2) Sexual exploitation of a dependent adult by a caretaker whether within a facility
or program or at a location outside of a facility or program. “Sexual exploitation” means
any consensual or nonconsensual sexual conduct with a dependent adult which includes
but is not limited to kissing; touching of the clothed or unclothed breast, groin, buttock,
anus, pubes, or genitals; or a sex act, as defined in section 702.17. “Sexual exploitation”
includes the transmission, display, taking of electronic images of the unclothed breast,
groin, buttock, anus, pubes, or genitals of a dependent adult by a caretaker for a purpose
not related to treatment or diagnosis or as part of an ongoing evaluation or investigation.
“Sexual exploitation” does not include touching which is part of a necessary examination,
treatment, or care by a caretaker acting within the scope of the practice or employment
of the caretaker; the exchange of a brief touch or hug between the dependent adult and a
§235E.1, DEPENDENT ADULT ABUSE IN FACILITIES AND PROGRAMS 2
caretaker for the purpose of reassurance, comfort, or casual friendship; or touching between
spouses or domestic partners in an intimate relationship.
(3) Personal degradation of a dependent adult. “Personal degradation” means a willful
act or statement by a caretaker intended to shame, degrade, humiliate, or otherwise harm
the personal dignity of a dependent adult, or where the caretaker knew or reasonably
should have known the act or statement would cause shame, degradation, humiliation, or
harm to the personal dignity of a reasonable person. “Personal degradation” includes the
taking, transmission, or display of an electronic image of a dependent adult by a caretaker,
where the caretaker’s actions constitute a willful act or statement intended to shame,
degrade, humiliate, or otherwise harm the personal dignity of the dependent adult, or
where the caretaker knew or reasonably should have known the act would cause shame,
degradation, humiliation, or harm to the personal dignity of a reasonable person. “Personal
degradation” does not include the taking, transmission, or display of an electronic image of a
dependent adult for the purpose of reporting dependent adult abuse to law enforcement, the
department, or other regulatory agency that oversees caretakers or enforces abuse or neglect
provisions, or for the purpose of treatment or diagnosis or as part of an ongoing evaluation
or investigation. “Personal degradation” also does not include the taking, transmission, or
display of an electronic image by a caretaker in accordance with the facility’s or program’s
confidentiality policy and release of information or consent policies.
b. “Dependent adult abuse” does not include any of the following:
(1) Circumstances in which the dependent adult declines medical treatment if the
dependent adult holds a belief or is an adherent of a religion whose tenets and practices call
for reliance on spiritual means in place of reliance on medical treatment.
(2) Circumstances in which the dependent adult’s caretaker, acting in accordance with
the dependent adult’s stated or implied consent, declines medical treatment or care.
(3) The withholding or withdrawing of health care from a dependent adult who is
terminally ill in the opinion of a licensed physician, when the withholding or withdrawing of
health care is done at the request of the dependent adult or at the request of the dependent
adult’s next of kin, attorney in fact, or guardian pursuant to the applicable procedures under
chapter 125, 144A, 144B, 222, 229, or 633.
6. “Facility” means a health care facility as defined in section 135C.1 or a hospital as
defined in section 135B.1.
7. “Intimate relationship” means a significant romantic involvement between two persons
that need not include sexual involvement, but does not include a casual social relationship or
association in a business or professional capacity. In determining whether persons are in an
intimate relationship, the court may consider the following nonexclusive list of factors:
a. The duration of the relationship.
b. The frequency of interaction.
c. Whether the relationship has been terminated.
d. The nature of the relationship, characterized by either person’s expectation of sexual
or romantic involvement.
8. “Person” means person as defined in section 4.1.
9. “Program” means an elder group home as defined in section 231B.1, an assisted living
programcertifiedundersection231C.3,oranadultdayservicesprogramasdefinedinsection
231D.1.
10. “Recklessly” means that a person acts or fails to act with respect to a material element
of a public offense, when the person is aware of and consciously disregards a substantial
and unjustifiable risk that the material element exists or will result from the act or omission.
The risk must be of such a nature and degree that disregard of the risk constitutes a gross
deviation from the standard conduct that a reasonable person would observe in the situation.
11. “Support services” includes but is not limited to community-based services including
area agency on aging assistance, mental health services, fiscal management, home health
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services, housing-related services, counseling services, transportation services, adult day
services, respite services, legal services, and advocacy services.