Iowa Admin. Code r. 441-176.12

Current through Register Vol. 47, No. 5, September 4, 2024

Rule 441-176.12 - Dependent adult abuse information registry

The department shall create a central abuse registry for dependent adult abuse information. The registry shall collect, maintain, and disseminate dependent adult abuse information as follows:

(1)Founded reports. A report of dependent adult abuse determined to be founded shall be retained and sealed by the registry in accordance with Iowa Code section 235B.9.

(2)Unfounded reports. A report of dependent adult abuse determined to be unfounded shall be expunged five years from the date it is determined to be unfounded, in accordance with Iowa Code section 235B.9(2).

(3)Rejected intakes. Reports that are found not to meet the criteria to be accepted for evaluation or assessment of abuse shall be kept in the dependent adult reporting and evaluation system (DARES) for three years from the date the report of abuse was determined to be rejected.

(4)Assessments. Reports classified as assessments shall not be included in the central registry but shall be maintained in the DARES. The central registry shall be notified of the disposition of the assessment report.

a.Self-denial of critical care. Reports involving abuse as a result of the acts or omissions of the dependent adult will be assessments. These reports shall be retained in the DARES for five years and then destroyed.

b.Confirmed, not registered. Reports of dependent adult abuse where physical abuse, assault, unreasonable confinement, unreasonable punishment, denial of critical care, or personal degradation committed by a caretaker is confirmed but is determined to be minor, isolated, and unlikely to reoccur shall be assessments. These reports shall be maintained in the DARES for five years and then destroyed unless a subsequent report of dependent adult abuse on the same caretaker is founded. If a subsequent report on the same caretaker is founded within the five-year period, the confirmed, not registered report shall be maintained in the DARES for ten years from the date of the subsequent report and then sealed.

Iowa Admin. Code r. 441-176.12

Amended by IAB April 5, 2023/Volume XLV, Number 20, effective 6/1/2023