Dependent Adult Abuse - Facilities and Programs
What is dependent adult abuse?
There are six categories of dependent adult abuse in a facility or program:
- physical injury, unreasonable confinement, unreasonable punishment, or assault which involves a breach of skill, care, and learning ordinarily exercised by a caretaker in similar circumstances;
- 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. See Iowa Code section 235E.1.
What makes a person a dependent adult?
A “dependent adult” is a person over the age of eighteen whose ability to perform the normal activities of daily living or to provide for the person’s own care or protection is impaired, either temporarily or permanently. 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 235E.1.
Who is considered to be a caretaker?
A caretaker is 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. A “facility” includes a health care facility (a nursing home, for example) or a hospital. A “program” includes an elder group home, an assisted living program, or an adult day services program. Facilities and programs are licensed and regulated by the Iowa Department of Inspections, Appeals, and Licensing (DIAL). See Iowa Code section 235E.1.
Who can report dependent adult abuse and who do you call?
Staff members and employees who as a part of their work tend to or treat a dependent adult must report dependent adult abuse if they reasonably believe it is happening or has happened. The report must be made to the person in charge or, if necessary, directly to the Iowa Department of Inspections, Appeals, and Licensing (DIAL). Anyone, however, including a financial institution, like the local bank, can make a report of dependent adult abuse and is protected from being sued if the report is made in good faith.
A report of dependent adult abuse can be made during business hours to the Iowa Department of Inspections, Appeals, and Licensing (DIAL) at: 1-877-686-0027.
Reports may also be made online at anytime through the Iowa Department of Inspections, Appeals, and Licensing (DIAL) contact form.
If making a report after business hours, contact the Iowa Department of Health and Human Services at: 1-800-362-2178. Additional information can be found at DIAL's Dependent Adult Abuse page.
How does the law help a dependent adult who has been abused? Can there be criminal charges?
The law includes protective services for dependent adults and also provides criminal penalties. Because DIAL is the regulator of facilities and programs, it has special authority to enter the facilities and programs to investigate and can require action to protect a dependent adult. If DIAL decides based on the information it gathers that a dependent adult is the victim of abuse, DIAL may also ask the court to issue orders for services or other protections. These services and orders are tailored to the needs of the dependent adult and vary with each individual. Additionally, there may 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 235E.
What is the abuse registry?
Information about abuse of dependent adults in facilities and programs is kept by the Iowa Department of Health and Human Services (DHHS) in the “Central 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 235E.
Is there someone else I can talk to about an abuse situation?
Yes. Federal and state law require residents of nursing homes, assisted living programs, and elder group homes to have access to the Office of the State Long Term Care Ombudsman (OSLTCO). Each facility or program in Iowa has a Local Long Term Care Ombudsman (LTCO) assigned to it. The name and contact information for the Local LTCO must be posted at the facility or program and the resident has the right by law to contact the Local LTCO. See Iowa Code chapter 231.
The Local LTCO advocates for individuals living in facilities and programs by representing their individual interests, including abuse of residents. Anything shared with the Local LTCO is confidential unless they are given permission to share it. For example, a Local LTCO cannot report abuse or share anything unless the resident or the resident’s legal representative approves.
- Information about the OSLTCO can be found here.
- The OSLTCO can be reached during regular business hours at (866) 236-1430.
- Contact information for a Local LTCO can be found on the the LTCO website.
- You can find more information about the rights of residents in long-term care facilities here.