(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.
