Iowa Administrative Code

These rules are intended to implement Iowa Code section 234.6. [Filed 5/16/07, Notice 1/31/07—published 6/6/07, effective 10/1/07] [Filed emergency 11/14/07—published 12/5/07, effective 11/15/07] [Filed 2/13/08, Notice 12/5/07—published 3/12/08, effective 4/16/08] [Filed ARC 9491…

174.1(1) Iowa Code chapter 232E applies only to incidents of alleged student abuse that occur on or after July 1, 2025, and only if the report of the alleged student abuse is made within three years from the date of the occurrence of the incident alleged in the report. 174.1(2) I…

174.10(1) The department will retain the case record, including the intake report, the written investigation report, and all related supporting documentation, for three years from the date the written investigation report is submitted pursuant to paragraph 174.7(1)“e” to the dire…

observance of the protocol, substantial compliance with these rules is required with the overriding goal of reaching a fair and unbiased resolution of a report of alleged student abuse. [ARC 9953C, IAB 1/7/26, effective 3/1/26] These rules are intended to implement Iowa Code chap…

“Board of educational examiners” means the same as defined in Iowa Code chapter 232E. “Credible report” means a report of alleged student abuse that is deemed by the department to be both investigable and complete and is an accepted report for the purposes of an investigation und…

174.3(1) If, during the abuse intake process under Iowa Code chapter 232, subchapter III, part 2, and Iowa Code chapter 235B, an identifiable source reports information that the department, in accordance with department policies and procedures, determines may constitute an allega…

174.4(1) Following the referral of an identifiable source of a report of alleged student abuse to the student abuse intake process, the department will do all the following: a. Assist the identifiable source in making a report of alleged student abuse. Reports shall be made in a …

of alleged student abuse is dismissed as not being investigable for lack of jurisdiction or rejected as incomplete, the department may inform the identifiable source of all the following: 174.5(1) The report is being dismissed or rejected and the basis for the dismissal or reject…

reports. The department, in accordance with department policies and procedures, will notify all the following when a report of alleged student abuse is determined to be a credible report: 174.6(1) The board of directors of the public school district or the authorities in charge o…

174.7(1) Duties of an investigator. An investigator will do all the following: a. Commence an investigation within 24 hours of the receipt of a credible report. b. Based on a credible report received, if an investigator determines the alleged student abuse constitutes a criminal …

determination by the department that a report of alleged student abuse is a credible report, the department will complete the investigation of the credible report in accordance with rule 441—174.7(232E), whether the school employee allegedly involved in the incident resigns any t…

further review. 174.9(1) At the time the written investigation report is submitted to the board of directors of the public school district or the authorities in charge of the nonpublic school, as applicable, and the board of educational examiners, if applicable, under paragraph 1…

DIVISION II CHILD ABUSE ASSESSMENT Preamble The purpose of this division is to implement requirements established in the Iowa Code which charge the department of human services with accepting reports of child abuse, assessing those reports and taking necessary steps to ensure a r…

“Adequate food, shelter, clothing, medical or mental health treatment, supervision or other care” means that food, shelter, clothing, medical or mental health treatment, supervision or other care which, if not provided, would constitute a denial of critical care. “Allegation” mea…

received by local department offices, the central abuse registry, or the Child Abuse Hotline. 175.22(1) Any report made to the department which alleges child abuse, as defined in Iowa Code section 232.68, or constitutes a complaint that a child is a child in need of assistance, a…

175.23(1) Mandatory reporters. Any person meeting the criteria of a mandatory reporter is required to make an oral report of the suspected child abuse to the department within 24 hours of becoming aware of the abusive incident and make a written report to the department within 48…

pertinent information regarding an allegation of child abuse and determine whether a report of suspected child abuse becomes accepted for assessment or a rejected intake. 175.24(1) To result in an assessment, the report of suspected child abuse must include some information to in…

following the report of suspected child abuse. A family assessment shall be initiated within 72 hours following the report of suspected child abuse. The primary purpose in conducting an assessment is to protect the safety of the child named in the report. The secondary purpose of…

complete a written assessment report as follows: 175.26(1) Completion of a child abuse assessment report. A child abuse assessment report shall be completed within 20 business days of the receipt of the child abuse report. In most instances, a child abuse assessment report shall …

orally contact juvenile court or the county attorney, or both, as circumstances warrant. 175.27(1) Report of intake. When a report of suspected child abuse is accepted or rejected for assessment, the county attorney shall be provided a child protective service intake form, with i…

protection worker may contact a health practitioner or a mental health professional as circumstances warrant and shall contact a health practitioner or a mental health professional when the worker requires the assistance of the health practitioner or mental health professional in…

175.29(1) During the course of a child abuse assessment, the child protection worker may contact law enforcement as warranted and shall contact law enforcement when the worker believes that: a. The abuse reported may require a criminal investigation and subsequent prosecution. b.…

a child abuse assessment with law enforcement personnel, the department may share information gathered during the child abuse assessment process when an assessment is conducted in conjunction with a criminal investigation. When the department has rejected an intake or an intake i…

175.31(1) Notification to parents that an assessment is being conducted. Written notice shall be provided to the parents of a child who is the subject of an assessment within five working days of commencing an assessment. Both custodial and noncustodial parents shall be notified,…

described in rule 441—175.26(232) and any related correspondence or information which pertains to the assessment or to the child and family. The name of the person who made the report of child abuse shall not be disclosed. 175.32(1) Child abuse assessment report. A child abuse as…

protection centers for assistance in conducting child abuse assessments. When a child who is the subject of an assessment is interviewed by staff at a child protection center, that interview may be used in conjunction with an interview conducted by the child protection worker. Wr…

department-operated facility, the allegation shall be referred to the department of inspections and appeals for investigation or assessment.

which the child’s home is located have primary responsibility for completing the assessment except when the suspected abuse occurs in an out-of-home placement. Circumstances in which the department shall conduct an assessment when another state is involved include the following: …

multicounty areas in which more than 50 child abuse cases are received annually. These teams may be used as an advisory group to assist the department in conducting child abuse assessments. Multidisciplinary teams consist of professionals practicing in the disciplines of medicine…

educational program for the personnel of the department, mandatory reporters, and the general public to encourage recognition and reporting of child abuse, to improve the quality of reports of child abuse made to the department, and to inform the community about the assessment-ba…

as to whether a person is named on the central abuse registry as having abused a child shall be submitted on the authorization for release of child abuse information form to the county office of the department or the central abuse registry. The form shall be completed and signed …

placed on the central abuse registry as founded child abuse for either five or ten years under any of the circumstances specified by Iowa Code section 232.71D as amended by 2013 Iowa Acts, House File 590. When none of the placement criteria listed in Iowa Code section 232.71D(3)“…

include sufficient information to demonstrate that the requesting party has authorized access to the information. 175.41(1) Written requests. Requests for child abuse information shall be submitted on a Request for Child Abuse Information form to the county office of the departme…

responsible for determining whether a person requesting child abuse information is conducting bona fide research, whether the research will further the official duties and functions of the central abuse registry, and whether identified information is essential to the research des…

services citizen review panels established in this rule are to comply with requirements set forth by the Child Abuse Prevention and Treatment Act and to take advantage of this process to identify strengths and weaknesses of the child protective service system as a whole, includin…

“Appropriate evaluation or assessment” means that evaluation or assessment reasonably believed by the department to be warranted by the facts and circumstances of the case as reported. “Assault” means “assault” as defined in Iowa Code section 708.1. “Assessment information” means…

responsible for determining whether a person requesting dependent adult abuse information is conducting bona fide research. To make this determination, the central registry may require these persons to submit credentials and the research design. If the registry determines that id…

Pursuant to Iowa Code section 235B.10, any person, or that person’s attorney, requesting to examine the information in the registry which refers to that person, shall be allowed to inspect the information after providing appropriate identification. Examination of information cont…

abuse registry for dependent adult abuse information. The registry shall collect, maintain, and disseminate dependent adult abuse information as follows: 176.12(1) Founded reports. A report of dependent adult abuse determined to be founded shall be retained and sealed by the regi…

176.13(1) Purpose of multidisciplinary teams. The service area shall establish multidisciplinary teams for the purpose of assisting the department in assessment, diagnosis, and disposition of reported dependent adult abuse cases. The disposition of a case may include the provisio…

correction or expungement of reports prepared by department staff. The department of inspections and appeals is responsible for correction or expungement of reports prepared by that department’s staff and that determination shall be binding on the registry. 176.14(1) When a reque…

dependent adult to provide for minimum food, shelter, clothing, supervision, physical or mental care, and other care necessary for the dependent adult’s health and welfare when financially able to do so or when offered financial and other reasonable means to do so shall constitut…

department shall conduct an intake sufficient to determine whether the allegation meets criteria and constitutes a report of dependent adult abuse as defined in Iowa Code section 235B.2. 176.3(1) Dependent adult abuse reports shall be evaluated when all of the following criteria …

from mandatory reporters or any other person who believes dependent adult abuse has occurred. 176.4(1) Mandatory reporters shall report suspected abuse of a dependent adult within 24 hours of becoming aware of an abusive incident. 176.4(2) The reporter may use Form 470–2441 or a …

176.5(1) Each report made by someone other than a mandatory reporter may be oral or written. 176.5(2) The report shall be made by telephone or otherwise to the department. When the person making the report has reason to believe that immediate protection for the dependent adult is…

176.6(1) When a report is received and meets the criteria pursuant to Iowa Code section 235B.2(5) “a,” the department shall promptly commence an appropriate evaluation or assessment, except that the department of inspections and appeals is responsible for the evaluation and dispo…

176.7(1) After receipt of a report alleging dependent adult abuse which meets criteria as outlined in subrule 176.3(1), a dependent adult abuse evaluation or assessment will be initiated and will be assigned to an adult protection worker. The adult protection worker will make an …

adult and cross-referenced in the name of the alleged person responsible (if applicable). [ARC 6966C, IAB 4/5/23, effective 6/1/23]

176.9(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…