Iowa Administrative Code › Agency 441 - Human Services Department › Title XV - Individual and Family Support and Protective Services › Chapter 176 - Dependent Adult Abuse › Rule 441-176.9 - Dependent Adult Abuse Information Disseminated

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Requests for information.
Written requests for dependent adult
				abuse information by the subject of a report may be submitted to the county
				office of the department on the department-prescribed Form 470-0643 or
				470-2444.
Oral requests for dependent adult abuse information may be
				  made to the county office or the central registry when the person making the
				  request believes that the information is needed immediately and the person is
				  authorized to access the information, pursuant to the requirements of Iowa Code
				  section 235B.7(2). If a
				  request is made orally by telephone, a written request shall be filed within 72
				  hours of the oral request on the department-prescribed Form 470-0643. When an
				  oral request to the county office to obtain dependent adult abuse information
				  is granted by the central registry, the county shall document the approval to
				  the central registry on the department-prescribed Form 470-0643.
All other requests for information shall be made to the
				  central registry by mail or fax pursuant to the requirements of Iowa Code
				  section 235B.7.
(2)
Verification of
				identity.
The county office shall verify the identity of the person
				making the request on the department-prescribed Form 470-0643. Upon
				verification of the identity of the person making the request, the county
				office shall transmit the request to the central registry. The central registry
				shall verify the identity of persons making requests for information directly
				to the central registry by telephone, mail, or fax, or in person, on the
				department-prescribed Form 470-0643.
(3)
Approval of requests.
The department shall grant access to dependent adult abuse information as
				authorized by Iowa Code section
				235B.6. Upon approval of any
				request for dependent adult abuse information authorized by this rule, the
				department may withhold the name of the person who made the report of dependent
				adult abuse pursuant to Iowa Code section
				22.7(18).
(4)
Requests concerning applicants
				for employment and employees of health care programs.
A health care
				program making a request for dependent adult abuse information for the purpose
				of determining employability, as authorized by Iowa Code section
				235B.6(2)
"e"
(6) and (7) and section
				135C.33(6),
				shall request the information directly from the central registry or obtain the
				information from the single contact repository (SING).
Requests made directly to the central registry shall be made
				  on the department-prescribed Form 470-0643.
Health care programs requesting dependent adult abuse
				  background checks on employee applicants and employees by use of the SING shall
				  complete the department-prescribed Form 470-3767. Form 470-3767 shall be signed
				  by the administrator of the health care program and be sent to the central
				  registry before receipt of the information from the department. The
				  administrator shall agree not to redisseminate dependent adult abuse
				  information obtained through the SING, except as authorized in Iowa Code
				  sections 235B.6 and
				  235B.8.
(5)
Requests concerning employees of
				department facilities.
When a request is made by the hiring authority
				of a department operated facility which provides direct client care and the
				request is made for the purpose of determining continued employability of a
				person employed, with or without compensation, by the facility, the information
				shall be requested directly from the central registry. The information
				requested shall be disseminated to the personnel office of the department. The
				personnel office shall redisseminate the information to the hiring authority
				for the person involved only upon a finding that the information has a direct
				bearing on employability of the person involved.
When the personnel office determines that the information has
				  no direct bearing on employability, the hiring authority shall be notified that
				  no job-related dependent adult abuse information is available. If the central
				  registry and local office files contain no information, the hiring authority
				  shall be so informed.
(6)
Dependent adult abuse information disseminated and
				redisseminated.
Notwithstanding requests pursuant to Iowa Code section
				235B.7, written requests and oral requests are not required for dependent adult
				abuse information that is disseminated to an employee of the department, a
				district court, the attorney representing the department as authorized by Iowa
				Code section 235B.6, or the office of the
				attorney general.
(7)
Required notification.
The department will make a reasonable
				attempt to notify dependent adult abuse subjects as described in Iowa Code
				section 235B.6(2)
"a"
of the outcome of the dependent adult abuse assessment or
				evaluation. The department shall subsequently send a written notice to the
				report subjects which will include information regarding the results, the
				confidentiality provisions of Iowa Code sections
				235B.6 and
				235B.12, and the procedures for
				correction or expungement and appeal of dependent adult abuse information as
				provided in Iowa Code section
				235B.10.
(8)
Mandatory reporter
				notification.
The department shall attempt to notify orally the
				mandatory reporter who made the report in a dependent adult abuse case of the
				results of the evaluation or assessment and of the confidentiality provisions
				of Iowa Code sections
				235B.6 and
				235B.12. The department shall
				subsequently transmit a written adult protective notification on a form
				prescribed by the department to each mandatory reporter who made the report.
				The form shall include information regarding the results of the evaluation or
				assessment and confidentiality provisions. A copy of the written notice shall
				be transmitted to the registry and shall be maintained by the registry as
				provided in Iowa Code section
				235B.8.
(9)
Subjects informed of abuse
				history.
The department may inform a subject of a dependent adult
				abuse report of a person's abuse history if the department determines at any
				time that disclosure is necessary for the protection of the dependent adult. A
				subject may be informed that a person is listed on the child or dependent adult
				abuse registry as having a founded abuse report or is listed on the sex
				offender registry.