Charges
Caregiver Neglect Laws
Financial Exploitation Laws
Physical Abuse Laws
Sexual Abuse/Assault Laws
Statutes
Caretaker – Defined
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
Dependent Adult – Defined
4. “Dependent adult” means a person eighteen years of age or older 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 departmental rule.
Dependent Adult Abuse – Initiation of Charges – Penalty
1. Charges of dependent adult abuse may be initiated upon complaint of private
individuals or as a result of investigations by social service agencies or on the direct initiative
of a county attorney or law enforcement agency.
2. A caretaker who intentionally commits dependent adult abuse on a dependent adult in
violation of this chapter is guilty of a class “C” felony if the intentional dependent adult abuse
results in serious injury.
3. A caretaker who recklessly commits dependent adult abuse on a dependent adult in
violation of this chapter is guilty of a class “D” felony if the reckless dependent adult abuse
results in serious injury.
4. A caretaker who intentionally commits dependent adult abuse on a dependent adult in
violation of this chapter is guilty of a class “C” felony if the intentional dependent adult abuse
results in physical injury.
5. A caretaker who commits dependent adult abuse by exploiting a dependent adult in
violation of this chapter is guilty of a class “D” felony if the value of the property, assets, or
resources exceeds one hundred dollars.
6. A caretaker who recklessly commits dependent adult abuse on a person in violation of
this chapter is guilty of an aggravated misdemeanor if the reckless dependent adult abuse
results in physical injury.
7. A caretaker who otherwise intentionally or knowingly commits dependent adult abuse
upon a dependent adult in violation of this chapter is guilty of a serious misdemeanor.
8. A caretaker who commits dependent adult abuse by exploiting a dependent adult in
violation of this chapter is guilty of a simple misdemeanor if the value of the property, assets,
or resources is one hundred dollars or less.
9. A caretaker alleged to have committed a violation of this chapter shall be charged with
the respective offense cited, unless a charge may be brought based upon a more serious
offense, in which case the charge of the more serious offense shall supersede the less serious
charge.
Wanton Neglect or Non Support of a Dependent Adult
1. A caretaker commits wanton neglect of a dependent adult if the caretaker knowingly
acts in a manner likely to be injurious to the physical, mental, or emotional welfare of a
dependent adult. Wanton neglect of a dependent adult is a serious misdemeanor.
2. A person who has legal responsibility either through contract or court order for support
of a dependent adult and who fails or refuses to provide support commits nonsupport.
Nonsupport is a class “D” felony.
3. A person alleged to have committed wanton neglect or nonsupport of a dependent adult
shall be charged with the respective offense unless a charge may be brought based upon a
more serious offense, in which case the charge of the more serious offense shall supersede
the less serious charge.
4. For the purposes of this section, “dependent adult” means a dependent adult as defined
in section 235B.2, subsection 4, and “caretaker” means a caretaker as defined in section
235B.2, subsection 1.
State Mandated Reporting
Iowa
Who has to report?
A person who, in the course of employment, examines, attends, counsels, or treats a dependent adult, including a member of the staff of a community mental health center, a peace officer, an in-home homemaker-home health aide, an individual employed as an outreach person, a health practitioner, a member of the staff or an employee of a supported community living service, sheltered workshop, or work activity center, social worker, or a certified psychologist.
When to report?
A person who reasonably believes the dependent adult has suffered abuse.
How to report?
Reports shall be made to the Department of Human Services. If the required reporter is a staff member or employee, the person shall immediately notify the department and shall also immediately notify the person in charge or the person's designated agent.
Iowa Department of Human Services Child and Dependent Adult Abuse Hotline: 800-362-2178