Dependent Adult Abuse - Community
What is dependent adult abuse?
There are six categories of dependent adult abuse in the community:
- physical injury, unreasonable confinement, unreasonable punishment, or assault;
- a sexual offense under Iowa Code Chapter 709 (sexual abuse) or section 726.2 (incest);
- neglect;
- financial exploitation;
- sexual exploitation; and
- personal degradation.
The victim must be a dependent adult as defined by law and all forms of abuse must be committed by a caretaker as defined by law. The law also includes self-neglect which is neglect that results from the inability of the dependent adult to take care of him or herself. See Iowa Code section 235B.2.
What makes a person a dependent adult?
A “dependent adult” is a person who is over the age of eighteen who is unable to protect the person’s own interests or unable to adequately perform or obtain services necessary to meet essential human needs, as a result of a physical or mental condition which requires assistance from another, or as defined by administrative rule. This may be an older person who is no longer able to care for themselves or this may be a younger person who has dealt with a mental or physical health issue their entire life and is now an adult. This could be a lifelong issue for a person, or it may be a temporary situation such as someone who has had a medical emergency or surgery. See Iowa Code section 235B.2.
Who is considered to be a caretaker?
A caretaker is a person related or unrelated to the dependent adult who has the responsibility for the protection, care, or custody of a dependent adult. This responsibility can be the result of voluntarily taking on the responsibility, by contracting to provide care, being employed to provide care, or by order of the court. A caretaker can include an agent under a power of attorney that has gone into effect or a guardian or conservator appointed by the court to take care of the dependent adult. A person who is not a caretaker as defined by the law cannot be held responsible for dependent adult abuse. See Iowa Code section 235B.2.
How does the law help a dependent adult who has been abused? Can there be criminal charges?
The law includes protections for dependent adults and criminal penalties for abusers. If the Iowa Department of Health and Human Services (DHHS) decides based on the information it gathers that a dependent adult is the victim of abuse or is not able to provide for their own care, DHHS may help the dependent adult to find services in the community or, if the dependent adult or caretaker refuses, may ask the court to require the dependent adult receive services. DHHS may also ask the court for orders prohibiting a caretaker from having any contact or limiting the contact with the dependent adult. These services and orders are based on the needs of the dependent adult and will be different for each person. There may also be criminal dependent adult abuse charges filed against an abuser. If criminal charges are filed, there may be other orders for protection of the dependent adult. See Iowa Code chapter 235B.
Who can report dependent adult abuse and who do you call?
Anyone can report dependent adult abuse, and the report can be made anonymously. There are protections for people who make a report in good faith even if no abuse is found.
Certain professionals must report dependent adult abuse if they reasonably believe it is happening or has happened. These are people who as a part of their job tends to or treats a dependent adult. This includes community mental health center staff; law enforcement; in-home homemakers; home health aides; those employed as outreach persons; certain health practitioners; staff of supported community living services, sheltered workshops, or work activity centers; social workers; certified psychologists, and licensed massage therapists.
A report of dependent adult abuse can be made to the Iowa Department of Health and Human Services 24/7 at 1-800-362-2178. If there is an emergency, call 911. Additional information can be found here on the Health and Human Services website.
What is the abuse registry?
The “Central Registry” contains all dependent adult abuse information required to be kept by law. This includes information about reports of abuse and about those who have committed abuse. The information is confidential and is only available to specific people under the law. See Iowa Code chapter 235B.
Is there someone I can contact to talk about an abuse situation?
Yes, you can find contact information for an advocate in your local area agency on aging (AAA) at LifelongLinks. They serve older persons and persons with disabilities and can talk with you about abuse whether you are the victim or are concerned about someone who is or may be at risk. They can help you make a report to DHHS and can also talk with you about available resources and assistance.
The Iowa Victim Service Call Center helps victims and survivors of crime in Iowa. The Call Center can provide support and can connect you with a local domestic violence or sexual assault advocate. They can be reached by phone 24/7 at 800-770-1650 or by texting IowaHelp to 20121.