Iowa Administrative Code

105.23(1) Mandatory reporters. All defined in Iowa Code section 232.69 who, in the scope of professional practice or in their employment responsibilities, examine, attend, counsel, or treat a child and reasonably believe a child has suffered abuse shall make a report in accordanc…

105.3(1) Policies in writing. The following personnel policies and practices of the agency relating to a specific facility shall be described in writing and accessible to staff upon request: a. Affirmative action and equal employment opportunity policies and procedures covering t…

105.5(1) Number of staff. a. Generally. A sufficient number of child care staff shall be on duty at all times so as to provide adequate coverage. The number of staff required will vary depending on the size and complexity of the program. All facilities shall have at least one sta…

105.6(1) Admissions. Admission to shelter care or detention shall be in accordance with Iowa Code sections 232.20, 232.21 and 232.22. In no case shall a youth be admitted to detention or shelter care when the resulting admission would exceed the facility’s approved client capacit…

105.7(1) Personal. At the time of intake and throughout a child’s stay, individual needs will be identified by staff. The initial and ongoing determination of each child’s needs will be based on written and verbal information from referral sources, observable behavior at intake, …

105.8(1) Service plan. There shall be a written service plan developed for each resident remaining in the facility over four days and completed according to the time frames identified for the contracted service. The service plan will be based on individual needs determined throug…

written policies and procedures governing the methods of handling prescription drugs and over-the-counter drugs within the facility. No prescription or narcotic drugs are allowed in the facility without the authorization of a licensed physician or other prescriber authorized by l…

“Administrator” means the administrator of that division of the department designated by the director of human services to administer this chapter or the administrator’s designee. “Agency,” unless otherwise provided by law, means an individual, corporation, limited liability comp…

106.10(1) A children’s residential facility shall conduct record checks for: a. Any owner, director, staff member, volunteer, or other person who performs duties under a subcontract with the children’s residential facility and who: (1) Has direct responsibility for children, or (…

106.11(1) A children’s residential facility shall not physically restrain a child unless necessary to prevent the child from hurting self, others, or property. Physical restraint must be conducted in a standing position whenever possible. Prone restraint is prohibited. a. No staf…

106.12(1) A children’s residential facility shall obtain, store, prepare, and serve food and water free from contamination. 106.12(2) A children’s residential facility shall have written health policies that describe how the facility will care for a sick child residing there. 106…

106.13(1) A children’s residential facility shall provide a sufficient number of staff to ensure safe practices that are based on the ages and needs of the children in care to ensure adequate supervision and child safety. This requirement applies to daytime and overnight hours. 1…

106.14(1) A children’s residential facility shall have written emergency plans for responding to evacuations, fires, tornadoes, floods, blizzards, other weather incidents, power failures, bomb threats, chemical spills, earthquakes, or other natural or man-made disasters that coul…

the facility and grounds, playground surfaces and other areas, and all related equipment are safe and free from hazards. 106.15(1) A children’s residential facility shall comply with requirements established by the fire marshal for the applicable type of occupancy and shall compl…

standards adopted pursuant to this chapter and local rules and standards, the more stringent requirement applies. 106.16(1) Bathroom facilities. a. Bathrooms shall have an adequate supply of hot and cold running water. b. Each bathroom shall be properly equipped with toilet tissu…

106.17(1) Children’s residential facility staff shall be 21 years of age or older with appropriate training and experience related to job duties. 106.17(2) A children’s residential facility shall have written policies and procedures regarding staff supervision, development, train…

106.18(1) The administrator may require submission of reports by a certificate of approval holder and shall cause at least one annual unannounced inspection of a children’s residential facility to assess compliance with applicable requirements and standards. 106.18(2) The inspect…

106.19(1) Mandatory reporters. Any employee, operator, owner, or other person who performs duties for a children’s residential facility shall make a report, in accordance with Iowa Code section 232.69, whenever that person reasonably believes a child for whom the person is provid…

definition of “children’s residential facility” pursuant to Iowa Code chapter 237C. In the event that a children’s residential facility is also subject to licensure, certification, registration, or regulation pursuant to another provision of law, those legal requirements shall ta…

residential facility without a certificate of approval to operate issued by the administrator. 106.3(1) Right to apply. a. Any adult individual or agency may apply for a certificate of approval. b. Parties wishing to apply for certification as a children’s residential facility sh…

106.4(1) A new certificate of approval shall be obtained when the certified location moves or the facility is remodeled. 106.4(2) The certificate of approval shall state on its face the name of the holder of the certificate, the particular premises for which the certificate is is…

106.5(1) The administrator may deny an application for issuance or reissuance of a certificate of approval if: a. The applicant or certificate holder, as applicable, fails to comply with these rules or knowingly makes a false statement concerning a material fact or conceals a mat…

106.6(1) A children’s residential facility shall provide the following for children in its care: a. Adequate shelter. b. Nourishing food and water. c. Opportunities for adequate sleep, exercise, cleanliness, and health maintenance. 106.6(2) A children’s residential facility share…

certificate of approval issued under Iowa Code chapter 237C shall comply with rules adopted by the state board of education pursuant to Iowa Code section 282.34. [ARC 3007C, IAB 3/29/17, effective 5/3/17]

106.8(1) The state of Iowa prohibits child abuse as defined in Iowa Code chapter 232, criminal assault, and other criminal acts of violence. A children’s residential facility shall not use discipline that amounts to child abuse or a criminal act of assault or violence. 106.8(2) A…

106.9(1) Generally. The facility shall have written policies, which shall be available to all staff and to the child’s family, regarding methods used for control and discipline of children. Agency staff shall be in control of and responsible for discipline at all times. Disciplin…

be certified by the department to provide adoption preplacement investigations, postplacement supervision, and reports to the court.

each family or child when one or more of the required reports have been completed. The record shall contain copies of all completed reports and a statement of fees charged by the investigator. 107.10(1) Access to records. The provisions regarding sealing of and access to adoption…

600 or 600A which come to the attention of the investigator shall be reported in writing to the district court having jurisdiction of the matter and to the department of human services. The investigator shall maintain copies of these written reports to the court and the departmen…

according to rules in 441—Chapter 7. [ARC 1754C, IAB 12/10/14, effective 2/1/15] These rules are intended to implement Iowa Code chapter 600. [Filed 3/22/85, Notice 10/24/84—published 4/10/85, effective 6/1/85] [Filed emergency 1/15/87—published 2/11/87, effective 1/15/87] [Filed…

“Adoption work experience” means supervised employment in adoption services, which includes direct provision of adoption services, developing adoption policies, conducting training related to adoption services, oversight and review of adoption documents and activities, and direct…

107.3(1) Application form. Application for certification as an adoption investigator shall be made on Form SS-6105-0, Application for Certification of Adoption Investigator. This form may be obtained from the Division of Adult, Children, and Family Services, Department of Human S…

107.4(1) Office location. The applicant shall retain an office in Iowa where all Iowa adoption reports and records of fees are maintained and are available for inspection. 107.4(2) Education and experience. a. If the applicant was initially certified as an adoption investigator b…

107.5(1) Granting of certification. When all of the requirements of this chapter are met, certification shall be granted. 107.5(2) Denial or revocation of certification. a. Certification or recertification shall be denied or revoked when one or more of the following conditions ex…

107.6(1) Contents. Form SS-1204-0, Certificate of Adoption Investigator, shall contain the name of the investigator and the expiration date of the certificate and be signed by a person designated by the director of the department. 107.6(2) Time limit. The investigator shall be ce…

107.7(1) Request for renewal. A currently certified investigator who wishes to be recertified shall notify the department in writing at least 30 days but no more than 60 days prior to the expiration of the certificate. To be recertified, the person shall submit a new application …

107.8(1) Preplacement investigations. When a certified adoption investigator provides a preplacement investigation of a prospective adoptive family, the investigation shall meet the requirements of Iowa Code section 600.8(1)“a,” including an assessment of the family’s ability to …

107.9(1) For an adoption based on a decree issued by a foreign jurisdiction within the United States, the certified adoption investigator shall conduct a postplacement investigation and issue a postplacement report as required in 441—subrule 108.9(5). 107.9(2) For an adoption bas…

“Administrator” means the person who is designated to have day-to-day responsibility for the administration of a child-placing agency, and who ensures that the mission of the agency and laws relating to the welfare and protection of children are carried out. “Adoption work experi…

placing license which authorizes the agency to place or supervise children in supervised apartment living placements shall meet the standards in rules 441—108.2(238) to 441—108.6(238). 108.10(1) Program statement. An agency authorized to place or supervise children in supervised …

108.2(1) Right to apply. Any person or agency has the right to make application for a child-placing license. When applying for a child-placing license, the applicant shall indicate the services for which licensure is being requested. 108.2(2) Application. An agency or person appl…

108.3(1) Statement of purpose. The agency shall have a written statement of its child-placing philosophy, purpose, and program. The statement shall contain a description of services and methods for service delivery and a description of the persons for whom the services will be pr…

108.4(1) Qualifications for all staff. A child-placing agency employee or volunteer shall be emotionally stable and have the experience and education to perform the duties assigned. The agency shall not employ any person or give any person direct volunteer responsibility for a ch…

108.5(1) Number of staff. The agency shall employ a sufficient number of competent staff to perform duties as required by licensing rules for those programs operated by the agency. This shall include the following: a. Administration of services offered by the agency. b. Selection…

108.6(1) Personnel policies. An agency shall develop personnel policies in writing that identify responsibilities of the organization and staff. The policies shall specify hours of work, grievance procedures, sick leave, vacation and all other benefits. A copy of the policies sha…

108.7(1) Program statement. An agency authorized to place children in foster care shall have a current written program statement. This statement shall be made available to all agency foster parents, foster children, their parents, referring agencies, and all persons making formal…