Iowa · statute · Iowa Code ch. 235B · 19 active provisions
The department shall establish and operate a dependent adult abuse services program. The program shall emphasize the reporting and evaluation of cases of abuse of a dependent adult who is unable to protect the adult’s own interests or unable to perform activities necessary to meet essential human needs. The program sha…
As used in this chapter, unless the context otherwise requires: 1. “Caretaker” means a related or nonrelated person who has the responsibility for the protection, care, or custody of a dependent adult as a result of assuming the responsibility voluntarily, by contract, through employment, or by order of the court. 2. “…
1. a. 1. The department shall receive dependent adult abuse reports and shall collect, maintain, and disseminate the reports by establishing a central registry for dependent adult abuse information. The department shall evaluate the reports expeditiously. 2. However, the department of inspections, appeals, and licensin…
If a peace officer has reason to believe that dependent adult abuse, which is criminal in nature, has occurred, the officer shall use all reasonable means to prevent further abuse, including but not limited to any of the following: 1. If requested, remaining on the scene as long as there is a danger to the dependent ad…
1. The general assembly finds and declares that a central registry is required to provide a single source for the statewide collection, maintenance, and dissemination of dependent adult abuse information. Such a registry is imperative for increased effectiveness in dealing with the problem of dependent adult abuse. The…
1. There is created within the department a central registry for dependent adult abuse information. The department shall organize and staff the registry and adopt rules for its operation. 2. The registry shall collect, maintain, and disseminate dependent adult abuse information as provided in this chapter. 3. The depar…
1. Dependent adult abuse information shall be confidential and shall not be a public record under chapter 22. The confidentiality of all dependent adult abuse information shall be maintained, except as specifically provided by subsections 2 and 3. 2. Access to dependent adult abuse information other than unfounded depe…
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 telep…
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 ca…
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 fou…
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 of the date of the notice of the result…
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 c…
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 rese…
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, pursuant to section 217.22.
1. The department shall conduct a public information and education program. The elements and goals of the program include but are not limited to: a. Informing the public regarding the laws governing dependent adult abuse and the reporting requirements for dependent adult abuse. b. Providing caretakers with information…
1. The department shall adopt a uniform assessment instrument and process for adoption and use by the department and other agencies involved with assessing a dependent adult’s degree of dependency and determining whether dependent adult abuse has occurred. However, this section shall not apply to dependent adult abuse…
1. If a caretaker of a dependent adult, who consents to the receipt of protective services, refuses to allow provision of the services, the department may petition the court with probate jurisdiction in the county in which the dependent adult resides for an order enjoining the caretaker from interfering with the provis…
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 which the dependent adult resides for an order authorizing the provision of protecti…
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 the dependent adult la…