Bill Text: IA HSB6 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to service of copies of court documents on certain persons relating to the receipt of emergency protective services by a dependent adult.
Spectrum: Committee Bill
Status: (N/A - Dead) 2018-05-01 - NOBA: House Sub [HSB6 Detail]
Download: Iowa-2017-HSB6-Introduced.html
House
Study
Bill
6
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
BALTIMORE)
A
BILL
FOR
An
Act
relating
to
service
of
copies
of
court
documents
1
on
certain
persons
relating
to
the
receipt
of
emergency
2
protective
services
by
a
dependent
adult.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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_____
Section
1.
Section
235B.19,
subsection
3,
paragraph
a,
Code
1
2017,
is
amended
to
read
as
follows:
2
a.
The
department
shall
serve
a
copy
of
the
petition
and
3
any
order
authorizing
protective
services,
if
issued,
on
the
4
dependent
adult
and
on
persons
who
are
competent
adults
and
5
reasonably
ascertainable
at
the
time
the
petition
is
filed
in
6
accordance
with
the
following
priority:
7
(1)
An
attorney
in
fact
named
by
the
dependent
adult
in
a
8
durable
power
of
attorney
for
health
care
pursuant
to
chapter
9
144B
.
10
(2)
The
dependent
adult’s
spouse
,
if
not
legally
separated
11
from
the
dependent
adult
.
12
(3)
The
dependent
adult’s
children.
13
(4)
The
dependent
adult’s
parents.
14
(4)
(5)
The
dependent
adult’s
grandchildren.
15
(5)
(6)
The
dependent
adult’s
siblings.
16
(7)
The
dependent
adult’s
grandparents.
17
(6)
(8)
The
dependent
adult’s
aunts
and
uncles.
18
(7)
(9)
The
dependent
adult’s
nieces
and
nephews.
19
(8)
(10)
The
dependent
adult’s
cousins.
20
EXPLANATION
21
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
22
the
explanation’s
substance
by
the
members
of
the
general
assembly.
23
This
bill
relates
to
service
of
copies
of
court
documents
on
24
certain
persons
relating
to
the
receipt
of
emergency
protective
25
services
by
a
dependent
adult.
26
Under
current
law,
if
the
department
of
human
services
27
determines
that
a
dependent
adult
is
suffering
from
dependent
28
adult
abuse
by
a
caretaker
as
defined
in
Code
chapter
235B
29
(dependent
adult
abuse)
which
presents
an
immediate
danger
to
30
the
health
or
safety
of
the
dependent
adult
or
which
results
31
in
irreparable
harm
to
the
physical
or
financial
resources
or
32
property
of
the
dependent
adult,
and
that
the
dependent
adult
33
lacks
capacity
to
consent
to
receive
protective
services
and
34
that
no
consent
can
be
obtained,
the
department
may
petition
35
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2
H.F.
_____
the
court
with
probate
jurisdiction
in
the
county
in
which
the
1
dependent
adult
resides
for
an
emergency
order
authorizing
2
protective
services.
The
department
is
required
to
serve
3
a
copy
of
the
petition
and
any
emergency
order
authorizing
4
protective
services,
if
issued,
on
the
dependent
adult.
In
5
addition,
the
department
is
required
to
serve
a
copy
of
the
6
petition
and
any
such
emergency
order
on
certain
persons
who
7
are
competent
adults
and
who
are
reasonably
ascertainable
at
8
the
time
the
petition
is
filed
in
accordance
with
a
certain
9
order
of
priority.
When
the
department
has
served
a
person
in
10
one
of
the
categories
specified,
the
department
is
not
required
11
to
serve
a
person
in
any
other
category.
The
bill
includes
12
the
dependent
adult’s
spouse,
if
not
legally
separated
from
13
the
dependant
adult,
and
the
dependant
adult’s
parents
and
14
grandparents
in
the
priority
categories
for
receiving
copies
of
15
the
petition
and
any
emergency
orders
issued
by
the
court.
16
Under
Code
section
235E.4,
the
bill
also
applies
to
17
dependent
adult
abuse
by
a
caretaker
as
defined
in
Code
chapter
18
235E
(dependent
adult
abuse
in
programs
or
facilities).
19
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