Title VI, HUMAN SERVICES (Ch. 216 - 255A)

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.…

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 . 91 Acts, ch 231, §13 ; 2024 Acts, ch 1…

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…

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 s…

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 ca…

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 ord…

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 dependen…

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 e…

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 depart…

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 …

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 t…

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 a…

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 a…

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 abus…

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 connect…

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 authoriz…

An applicant for employment at a domestic abuse or sexual assault center shall be subject to a national criminal history check through the federal bureau of investigation. The domestic abuse or sexual assault center shall request the criminal history check and shall provide the a…

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.…

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 regi…

If a peace officer has reason to believe that dependent adult abuse, which is criminal in nature, has occurred in a facility or program, the officer shall use all reasonable means to prevent further dependent adult abuse, including but not limited to any of the following: 1. If r…

Sections 235B.4 through 235B.19 and section 726.26 , where not inconsistent with this chapter , shall apply to this chapter . 2008 Acts, ch 1093, §14 ; 2009 Acts, ch 41, §97 ; 2009 Acts, ch 133, §92 ; 2022 Acts, ch 1132, §10

The department, in cooperation and consultation with affected industry representatives and professional and consumer groups, may adopt rules pursuant to chapter 17A to administer this chapter . 2008 Acts, ch 1093, §15 ; 2024 Acts, ch 1170, §279

Upon a determination that an allegation of perpetration of dependent adult abuse by a caretaker is founded, the department shall provide written notification of the department’s findings to the caretaker and the caretaker’s employer. In addition, the written notification shall de…

1. If a request for an appeal is filed within fifteen days of the issuance of the written notification of a finding of dependent adult abuse, the department shall not place the caretaker on the central abuse registry until final agency action is taken. For a request for an appeal…

As used in this chapter , unless the context otherwise requires: 1. “Attorney in fact” means an agent under a power of attorney pursuant to chapter 633B or an attorney in fact under a durable power of attorney for health care pursuant to chapter 144B . 2. “Caretaker” means a rela…

1. A vulnerable elder or a substitute petitioner may seek relief from elder abuse by filing a verified petition in the district court. Venue shall lie where either party resides. The petition shall state all of the following: a. The name of the vulnerable elder and the name and a…

1. By July 1, 2015, the judicial branch shall prescribe standard forms to be used by vulnerable elders or substitute petitioners seeking protective orders by proceeding pro se in actions under this chapter . Beginning July 1, 2015, the standard forms prescribed by the judicial br…

The court may on its own motion or on the motion of a party appoint a guardian ad litem for a vulnerable elder if justice requires. The vulnerable elder’s attorney shall not also serve as the guardian ad litem. 2014 Acts, ch 1107, §4

1. Not less than five and not more than fifteen days after commencing a proceeding and upon notice to the other party, a hearing shall be held at which the plaintiff must prove the allegation of elder abuse by a preponderance of the evidence. 2. The court may enter any temporary …

1. Upon a finding that the defendant has engaged in elder abuse, the court may, if requested by the plaintiff, order any of the following: a. That the defendant be required to move from the residence of the vulnerable elder if both the vulnerable elder and the defendant are title…

1. When the court is unavailable from the close of business at the end of the day or week to the resumption of business at the beginning of the day or week, a petition may be filed before a district judge, or district associate judge designated by the chief judge of the judicial …

1. A proceeding under this chapter shall be held in accordance with the rules of civil procedure, except as otherwise set forth in this chapter and in chapter 664A , and is in addition to any other civil or criminal remedy. 2. The plaintiff’s right to relief under this chapter is…

This chapter may be cited as the “Domestic Abuse Act” . [ C81, §236.1 ]

1. A person seeking relief from domestic abuse under this chapter may use any of the following addresses as a mailing address for purposes of filing a petition under this chapter , as well as for the purpose of obtaining any utility or other service: a. The mailing address of a s…

1. A peace officer shall use every reasonable means to enforce an order or court-approved consent agreement entered under this chapter , a temporary or permanent protective order or order to vacate the homestead under chapter 598 , an order that establishes conditions of release …

1. If a peace officer has reason to believe that domestic abuse has occurred, the officer shall use all reasonable means to prevent further abuse including but not limited to the following: a. If requested, remaining on the scene as long as there is a danger to an abused person’s…

In a criminal action arising from domestic abuse, as defined in section 236.2 , the prosecuting attorney or court shall not refer or order the parties involved to mediation or other nonjudicial procedures prior to judicial resolution of the action. 86 Acts, ch 1179, §4

Upon receipt of state or federal funding designated for victims of domestic abuse by the department, a public or private nonprofit organization may apply to the department for designation and funding as a provider of emergency shelter services and support services to victims of d…

1. The department shall: a. Designate and award grants for existing and pilot programs pursuant to this chapter to provide emergency shelter services and support services to victims of domestic abuse. b. Design and implement a uniform method of collecting data from domestic abuse…

The department, in cooperation with victim service providers, shall work with various professional organizations to encourage organizations to establish training programs for professionals who work in the area of domestic abuse prevention and services. Domestic abuse training may…

In addition to the provisions contained in this chapter , certain criminal penalties and provisions pertaining to domestic abuse assaults are set forth in chapter 664A and sections 708.2A and 708.2B . 91 Acts, ch 218, §17 ; 2012 Acts, ch 1021, §52

1. As used in this section , “foreign protective order” means a protective order entered by a court of another state, Indian tribe, or United States territory that would be an order or court-approved consent agreement entered under this chapter , a temporary or permanent protecti…

For purposes of this chapter , unless a different meaning is clearly indicated by the context: 1. “Department” means the department of justice. 2. “Domestic abuse” means committing assault as defined in section 708.1 under any of the following circumstances: a. The assault is bet…

A court in an action under this chapter shall not issue mutual protective orders against the victim and the abuser unless both file a petition requesting a protective order. 95 Acts, ch 180, §14

1. A person, including a parent or guardian on behalf of an unemancipated minor, may seek relief from domestic abuse by filing a verified petition in the district court. Venue shall lie where either party resides. The petition shall state the: a. Name of the plaintiff and the nam…

1. The department shall prescribe standard forms to be used by plaintiffs seeking protective orders by proceeding pro se in actions under this chapter . The standard forms shall include language in fourteen point boldface type. Standard forms prescribed by the department shall be…