§ 235E.2 — Dependent adult abuse reports in facilities and programs

Iowa § 235E.2

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

Text

1. a. The department shall receive and evaluate reports of dependent adult abuse in
facilities and programs. The department shall inform the department of health and human
services of such evaluations and dispositions and those individuals who should be placed on
the central registry for dependent adult abuse pursuant to section 235E.7. If the department
believes the situation involves an immediate danger to the public health, safety, or welfare
requiring immediate agency action to seek emergency placement on the central registry, the
department may utilize emergency adjudicative proceedings pursuant to section 17A.18A.
b. Reports of dependent adult abuse which is the result of the acts or omissions of the
dependent adult shall be collected and maintained in the files of the dependent adult as
assessments only and shall not be included in the central registry.
c. A report of dependent adult abuse that meets the definition of dependent adult abuse
under section 235E.1, subsection 5, paragraph “a”, subparagraph (1), subparagraph division
(a) or (d), or section 235E.1, subsection 5, paragraph “a”, subparagraph (3), which the
department determines is minor, isolated, and unlikely to reoccur shall be collected and
maintained by the department of health and human services as an assessment only for a
five-year period and shall not be included in the central registry and shall not be considered
to be founded dependent adult abuse. A subsequent report of dependent adult abuse that
meets the definition of dependent adult abuse under section 235E.1, subsection 5, paragraph
“a”, subparagraph (1), subparagraph division (a) or (d), or section 235E.1, subsection
5, paragraph “a”, subparagraph (3), that occurs within the five-year period, and that is
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, may be considered minor, isolated, and unlikely to reoccur
depending on the circumstances of the report.
2. A staff member or employee of a facility or program who, in the course of employment,
examines, attends, counsels, or treats a dependent adult in a facility or program and
reasonably believes the dependent adult has suffered dependent adult abuse, shall report
the suspected dependent adult abuse to the department.
3. a. If a staff member or employee is required to make a report pursuant to this section,
the staff member or employee shall immediately notify the person in charge or the person’s
designated agent who shall then notify the department within twenty-four hours of such
notification. If the person in charge is the alleged perpetrator of dependent adult abuse, the
staff member shall directly report the abuse to the department within twenty-four hours.
b. The employer or supervisor of a person who is required to or may make a report
pursuant to this section shall not apply a policy, work rule, or other requirement that
interferes with the person making a report of dependent adult abuse or that results in the
failure of another person to make the report.
4. An employee of a financial institution may report suspected financial exploitation of a
dependent adult to the department.
5. Any other person who believes that a dependent adult has suffered dependent adult
abuse may report the suspected dependent adult abuse to the department. The department
shall transfer any reports received of dependent adult abuse in the community to the
department of health and human services. The department of health and human services
shall transfer any reports received of dependent adult abuse in facilities or programs to the
department.
6. The department shall inform the appropriate county attorney of any report of
dependent adult abuse. The department may provide the county attorney, other appropriate
law enforcement agencies, and appropriate licensing boards with the department’s
evaluation materials and findings related to a report of dependent adult abuse. The
§235E.2, DEPENDENT ADULT ABUSE IN FACILITIES AND PROGRAMS 4
department may request information from any person believed to have knowledge of a case
of dependent adult abuse. The person, including but not limited to a county attorney, a law
enforcement agency, a multidisciplinary team, a social services agency in the state, or any
person who is required pursuant to subsection 2 to report dependent adult abuse, whether
or not the person made the specific dependent adult abuse report, shall cooperate and assist
in the evaluation upon the request of the department. If the department’s assessment reveals
that dependent adult abuse exists which might constitute a criminal offense, a report shall
be made to the appropriate law enforcement agency. County attorneys and appropriate law
enforcement agencies shall also take any other lawful action necessary or advisable for the
protection of the dependent adult.
a. If, upon completion of an investigation of a report of dependent adult abuse, the
department determines that the best interests of the dependent adult require court action,
the department shall notify the department of health and human services of the potential
need for a guardian or conservator or for admission or commitment to an appropriate
institution or facility pursuant to the applicable procedures under chapter 125, 222, 229,
or 633, or shall pursue other remedies provided by law. The appropriate county attorney
shall assist the department of health and human services in the preparation of the necessary
papers to initiate the action and shall appear and represent the department of health and
human services at all district court proceedings.
b. Inspectors within the department shall be specially trained to investigate cases of
dependent adult abuse including but not limited to cases involving gerontological, dementia,
and wound care issues.
c. The department shall assist the court during all stages of court proceedings involving
a suspected case of dependent adult abuse.
d. Ineverycaseinvolvingdependentadultabusewhichissubstantiatedbythedepartment
and which results in a judicial proceeding on behalf of the dependent adult, legal counsel
shall be appointed by the court to represent the dependent adult in the proceedings. The
court may also appoint a guardian ad litem to represent the dependent adult if necessary to
protect the dependent adult’s best interests. The same attorney shall not be appointed to
serve both as legal counsel and as guardian ad litem. Before legal counsel or a guardian ad
litem is appointed pursuant to this paragraph, the court shall require the dependent adult and
any person legally responsible for the support of the dependent adult to complete under oath
a detailed financial statement. If, on the basis of that financial statement, the court deems
that the dependent adult or the legally responsible person is able to bear all or a portion of
the cost of the legal counsel or guardian ad litem, the court shall so order. In cases where
the dependent adult or the legally responsible person is unable to bear the cost of the legal
counsel or guardian ad litem, the expense shall be paid by the county.
7. A person participating in good faith in reporting or cooperating with or assisting the
department in evaluating a report or investigating a case of dependent adult abuse has
immunity from liability, civil or criminal, which might otherwise be incurred or imposed
based upon the act of making the report or giving the assistance. The person has the
same immunity with respect to participating in good faith in a judicial proceeding resulting
from the report, cooperation, or assistance or relating to the subject matter of the report,
cooperation, or assistance.
8. It shall be unlawful for any person or employer to discharge, suspend, or otherwise
discipline a person required to report or voluntarily reporting an instance of suspected
dependent adult abuse pursuant to subsection 2 or 5, or cooperating with, or assisting the
department in evaluating a report or investigating a case of dependent adult abuse, or
participating in judicial proceedings relating to the reporting or cooperation or assistance
based solely upon the person’s reporting or assistance relative to the instance of dependent
adult abuse. A person or employer found in violation of this subsection is guilty of a simple
misdemeanor.
9. A person required by this section to report a suspected case of dependent adult abuse
pursuant to subsection 2 who knowingly and willfully fails to do so within twenty-four hours
commits a simple misdemeanor. A person required by subsection 2 to report a suspected case
of dependent adult abuse who knowingly fails to do so or who knowingly interferes with the
5 DEPENDENT ADULT ABUSE IN FACILITIES AND PROGRAMS, §235E.2
making of such a report or applies a requirement that results in such a failure is civilly liable
for the damages proximately caused by the failure.
10. a. The department shall adopt rules which require facilities and programs to separate
an alleged perpetrator of dependent adult abuse from a victim following the report of
an allegation of perpetration of dependent adult abuse and prior to the completion of an
investigation of the report by the department.
b. Independent of the department’s investigation of the report, the facility or program
employing the alleged perpetrator of dependent adult abuse shall conduct an investigation of
the alleged dependent adult abuse and determine what, if any, employment action should be
taken including but not limited to placing the alleged perpetrator of dependent adult abuse
on administrative leave or reassigning or terminating the alleged perpetrator of dependent
adult abuse as a result of the investigation by the facility or program.
c. If the facility or program terminates the alleged perpetrator of dependent adult abuse
asaresultoftheinvestigationbythefacilityorprogram, theallegedperpetratorofdependent
adult abuse shall disclose such termination or investigation to any prospective facility or
program employer. An alleged perpetrator of dependent adult abuse who fails to disclose
such termination or investigation is guilty of a simple misdemeanor.
11. Upon receiving notice from a credible source, the department shall notify a facility or
program that subsequently employs a perpetrator of founded dependent adult abuse when
the notice of investigative findings has been issued.
12. a. Aninspectorofthedepartmentmayenteranyfacilityorprogramwithoutawarrant
and may examine all records pertaining to residents, employees, former employees, and the
alleged perpetrator of dependent adult abuse.
b. If upon entry the inspector has knowledge of or learns during the course of an
investigation of a report that alleged dependent adult abuse is suspected or is being
investigated by the facility or program, the inspector shall inform the facility or program
that the inspector is investigating a report of an alleged case of dependent adult abuse.
c. An inspector of the department may contact or interview any resident, employee,
former employee, or any other person who may have knowledge about the alleged dependent
adult abuse. Prior to the interview, the department shall provide written notification to
the alleged perpetrator of dependent adult abuse. The notification shall include all of the
following information:
(1) That the person is the subject of a report of dependent adult abuse being investigated
by the department.
(2) The nature of the abuse being investigated.
(3) The possible civil administrative consequences of founded abuse.
(4) The requirement that the department forward a report to law enforcement if the
department’s investigation reveals a potential criminal offense.
(5) That the person has the right to retain legal counsel at the person’s expense and
may choose to have legal counsel, union representation, or any other desired representative
employed by the facility present during the interview.
(6) That the person has the right to decline to be interviewed or to terminate an interview
at any time.
d. The person who is the subject of the report shall inform the department of the
representatives the person wants to have present during the interview and not delay
the interview by more than five working days to make arrangements for the person’s
representatives to be present at the interview.
e. Any employer representative shall be informed of the requirement to maintain strict
confidentiality and of the prohibition against redissemination of such information pursuant
to chapter 235B.
f. During the interview, the department shall request and the alleged perpetrator
of dependent adult abuse shall provide the alleged perpetrator’s most current contact
information to facilitate provision of the findings of the investigation to the alleged
perpetrator.
g. An inspector may take or cause to be taken photographs of the dependent adult abuse
victim and the vicinity involved. The department shall obtain consent from the dependent
§235E.2, DEPENDENT ADULT ABUSE IN FACILITIES AND PROGRAMS 6
adult abuse victim or guardian or other person with a power of attorney over the dependent
adult abuse victim prior to taking photographs of the dependent adult abuse victim.
13. a. Notwithstanding section 235B.6 and chapter 22, an employee organization or
union representative may observe an interview conducted by the department of an alleged
perpetrator of dependent adult abuse if all of the following conditions are met:
(1) The alleged perpetrator of dependent adult abuse is part of a bargaining unit that is
party to a collective bargaining agreement under chapter 20 or any other applicable state or
federal law.
(2) The alleged perpetrator of dependent adult abuse requests the presence of an
employee organization or union representative.
(3) The employee organization or union representative maintains the confidentiality of all
information from the interview subject to the penalties provided in section 235B.12 if such
confidentiality is breached.
b. This subsection shall only apply to interviews conducted pursuant to this chapter. This
subsection does not apply to interviews conducted pursuant to the regulatory activities of
chapter 135B, 135C, 231B, 231C, or 231D, or any other state or federal law.