Iowa Administrative Code
Agency 481 - Inspections and Appeals Department
Inspections Division
Chapter 52 - Dependent Adult Abuse in Facilities and Programs
Rule 481-52.2 - Persons Who Must Report Dependent Adult Abuse and the Reporting Procedure for Those Persons
Universal Citation: IA Admin Code 481-52.2
Current through Register Vol. 47, No. 6, September 18, 2024
(1) Persons who must report dependent adult abuse. The following persons shall report suspected dependent adult abuse in accordance with subrule 52.2(2) below.
a. A staff member. Specifically
excluded from the definition of "staff member" only for purposes of the
requirements set forth in this subrule are individuals who have no contact or
de minimis contact with residents in a facility or program.
b. A health care employment agency in
accordance with 481-Chapter 55.
(2) Reporting suspected dependent adult abuse in facilities or programs.
a. Ifa staff member
or employee is required to make a report pursuant to this rule, the staff
member or employee shall immediately notify the person in charge or the
person's designated agent who shall then notify the department within 24 hours
of such notification or the next business day.
b. If the person in charge is the alleged
dependent adult abuser, the staff member shall directly report the abuse to the
department within 24 hours or the next business day.
c. Nothing in this subrule prevents a
mandatory reporter or any other person from notifying the department directly
of any suspected abuse.
d. The
employer or supervisor of a person who is required to or may make a report
pursuant to this rule shall not apply a policy, work rule, or other requirement
that interferes with the person making a report of dependent adult abuse or
that results in the failure of another person to make the report.
e. When the person making the report has
reason to believe that immediate protection for the dependent adult is
advisable, that person should also immediately make an oral report to an
appropriate law enforcement agency.
f. A report of suspected dependent adult
abuse shall contain as much of the following information as the person making
the report is able to furnish:
(1) The date
and time of the incident;
(2) The
name, date of birth and diagnoses of the dependent adult;
(3) Whether the dependent adult sustained an
injury and, if yes, whether photographs of the injury were taken;
(4) The nature and extent of the dependent
adult abuse, including evidence of previous dependent adult abuse
allegations;
(5) A list of the
staff members working at the time of the incident, including each staff
member's full name, title, date of birth, address and telephone
number;
(6) The alleged
perpetrator's full name, title, date of birth, social security number, address
and telephone number;
(7) Other
information which the person making the report believes might be helpful in
establishing the cause of the abuse or the identity of the person or persons
responsible for the abuse or helpful in providing assistance to the dependent
adult; and
(8) The name, address
and telephone number of the person making the report.
(3) A report shall be accepted whether or not it contains all of the information requested. When the report is made to any agency other than the department, that agency shall promptly refer the report to the department.
(4) A person required to report abuse who knowingly and willfully fails to do so within 24 hours may be subject to criminal penalties and civil liability as provided for by statute.
(5) Interference with a person required to report.
a. It is unlawful for any person or employer
to discharge, suspend, or otherwise discipline a person for any of the
following:
(1) For reporting suspected
dependent adult abuse;
(2) For
cooperating with or assisting the department in evaluating or investigating a
case of dependent adult abuse; or
(3) For participating in judicial proceedings
relating to dependent adult abuse.
b. A person or employer found in violation of
this subrule is guilty of a simple misdemeanor.
Disclaimer: These regulations may not be the most recent version. Iowa may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
