Iowa Code 235B.3A – Prevention of additional abuse — notification of rights
Current as of: 2023 | Check for updates
|
Other versions
If a peace officer has reason to believe that dependent adult abuse, which is criminal in nature, has occurred, the officer shall use all reasonable means to prevent further abuse, including but not limited to any of the following:
1. If requested, remaining on the scene as long as there is a danger to the dependent adult’s physical safety without the presence of a peace officer, including but not limited to staying in the dwelling unit, or if unable to remain at the scene, assisting the dependent adult in leaving the residence and securing support services or emergency shelter services.
Terms Used In Iowa Code 235B.3A
- Court: means the district court. See Iowa Code 235B.2
- Dependent: shall mean and include a spouse, child, mother, father, grandparent, or grandchild who is in need of and entitled to support from a person who is declared to be legally liable for such support. See Iowa Code 252A.2
- Dependent: A person dependent for support upon another.
- 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. See Iowa Code 235B.2
- Dependent adult abuse: means :(1) Any of the following as a result of the willful or negligent acts or omissions of a caretaker:(a) Physical injury to, or injury which is at a variance with the history given of the injury, or unreasonable confinement, unreasonable punishment, or assault of a dependent adult. See Iowa Code 235B.2
- Emergency shelter services: means and includes, but is not limited to, secure crisis shelters or housing for victims of dependent adult abuse. See Iowa Code 235B.2
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Support services: includes but is not limited to community-based services including area agency on aging assistance, mental health services, fiscal management, home health services, housing-related services, counseling services, transportation services, adult day services, respite services, legal services, and advocacy services. See Iowa Code 235B.2
2. Assisting the dependent adult in obtaining medical treatment necessitated by the dependent adult abuse, including providing assistance to the dependent adult in obtaining transportation to the emergency room of the nearest hospital.3. Providing a dependent adult with immediate and adequate notice of the dependent adult’s rights. The notice shall consist of handing the dependent adult a document that includes the telephone numbers of shelters, support groups, and crisis lines operating in the area and contains the following written statement of rights; requesting the dependent adult to read the document; and asking the dependent adult whether the dependent adult understands the rights:[1] You have the right to ask the court for the following help on a temporary basis:[a] Keeping the alleged perpetrator away from you, your home, and your place of work.[b] The right to stay at your home without interference from the alleged perpetrator.[c] Professional counseling for you, your family, or household members, and the alleged perpetrator of the dependent adult abuse.[2] If you are in need of medical treatment, you have the right to request that the peace officer present assist you in obtaining transportation to the nearest hospital or otherwise assist you.[3] If you believe that police protection is needed for your physical safety, you have the right to request that the peace officer present remain at the scene until you and other affected parties can leave or safety is otherwise ensured.