Bill Text: IA HF569 | 2019-2020 | 88th General Assembly | Enrolled
Bill Title: A bill for an act relating to personal degradation of a dependent adult as a form of dependent adult abuse by a caretaker regulated by the department of human services, and making penalties applicable. (Formerly HSB 112.) Effective 7-1-19.
Spectrum: Committee Bill
Status: (Passed) 2019-05-10 - Signed by Governor. H.J. 1081. [HF569 Detail]
Download: Iowa-2019-HF569-Enrolled.html
House
File
569
-
Enrolled
House
File
569
AN
ACT
RELATING
TO
PERSONAL
DEGRADATION
OF
A
DEPENDENT
ADULT
AS
A
FORM
OF
DEPENDENT
ADULT
ABUSE
BY
A
CARETAKER
REGULATED
BY
THE
DEPARTMENT
OF
HUMAN
SERVICES,
AND
MAKING
PENALTIES
APPLICABLE.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
235B.2,
subsection
5,
paragraph
a,
Code
2019,
is
amended
by
adding
the
following
new
subparagraph:
NEW
SUBPARAGRAPH
.
(4)
(a)
Personal
degradation
of
a
dependent
adult
by
a
caretaker.
(b)
(i)
“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
House
File
569,
p.
2
act
would
cause
shame,
degradation,
humiliation,
or
harm
to
the
personal
dignity
of
a
reasonable
person.
(ii)
“Personal
degradation”
does
not
include
any
of
the
following:
(A)
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
any
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
investigation.
(B)
The
taking,
transmission,
or
display
of
an
electronic
image
by
a
caretaker
who
takes,
transmits,
or
displays
the
electronic
image
in
accordance
with
the
confidentiality
policy
and
release
of
information
or
consent
policies
of
a
contractor,
employer,
or
facility
or
program
not
covered
under
section
235E.1,
subsection
5,
paragraph
“a”
,
subparagraph
(3).
(C)
A
statement
by
a
caretaker
who
is
the
spouse
of
a
dependent
adult
that
is
not
intended
to
shame,
degrade,
humiliate,
or
otherwise
harm
the
personal
dignity
of
the
dependent
adult
spouse.
Sec.
2.
Section
235B.3,
subsection
1,
paragraph
c,
Code
2019,
is
amended
to
read
as
follows:
c.
A
report
of
dependent
adult
abuse
that
meets
the
definition
of
dependent
adult
abuse
under
section
235B.2,
subsection
5
,
paragraph
“a”
,
subparagraph
(1),
subparagraph
division
(a)
or
(d),
or
section
235B.2,
subsection
5,
paragraph
“a”
,
subparagraph
(4),
which
the
department
determines
is
minor,
isolated,
and
unlikely
to
reoccur
shall
be
collected
and
maintained
by
the
department
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.
However,
a
subsequent
report
of
dependent
adult
abuse
that
meets
the
definition
of
dependent
adult
abuse
under
section
235B.2,
subsection
5
,
paragraph
“a”
,
subparagraph
(1),
subparagraph
division
(a)
or
(d),
or
section
235B.2,
subsection
5,
paragraph
“a”
,
subparagraph
(4),
that
occurs
within
the
five-year
period
and
that
is
committed
by
the
caretaker
responsible
for
the
act
or
omission
which
was
the
House
File
569,
p.
3
subject
of
the
previous
report
of
dependent
adult
abuse
which
the
department
determined
was
minor,
isolated,
and
unlikely
to
reoccur
shall
not
be
considered
minor,
isolated,
and
unlikely
to
reoccur.
______________________________
LINDA
UPMEYER
Speaker
of
the
House
______________________________
CHARLES
SCHNEIDER
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
569,
Eighty-eighth
General
Assembly.
______________________________
CARMINE
BOAL
Chief
Clerk
of
the
House
Approved
_______________,
2019
______________________________
KIM
REYNOLDS
Governor
