Title VI, HUMAN SERVICES (Ch. 216 - 255A)

1. If a person is being considered for employment involving direct responsibility for a resident or with access to a resident when the resident is alone, or if a person will reside in a facility utilized by an institution, and if the person has been convicted of a crime or has a …

1. The director may furnish the superintendent of the institution, in addition to salary, with a dwelling or with appropriate quarters in lieu of the dwelling, or may compensate the superintendent of the institution in lieu of furnishing a dwelling or quarters. If the superintend…

The salaries and wages shall be included in the semimonthly payrolls and paid in the same manner as other expenses of the institutions. [S13, §2727-a38; C24, 27, 31, 35, 39, § 3298; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §218.15 ] 2023 Acts, ch 19, §366

Vacations and sick leave with pay as authorized in section 70A.1 shall only be taken at such times as the superintendent or the superintendent’s designee in charge of an officer or employee, as the case may be, may direct, and only after written authorization by the superintenden…

1. Nothing contained in section 218.1 shall limit the general supervisory or examining powers vested in the governor by the laws or Constitution of the State of Iowa, or legally vested by the governor in any committee appointed by the governor. 2. The superintendent to whom prima…

The director shall, as to every person committed to any of the institutions, keep the following record: 1. Name. 2. Residence. 3. Sex. 4. Age. 5. Nativity. 6. Occupation. 7. Civil condition. 8. Date of entrance or commitment. 9. Date of discharge. 10. Whether a discharge was fina…

Except with the consent of the director, or on an order of a court of record, the record provided in section 218.21 shall be accessible only to the director and to assistants and proper clerks authorized by the director. The director may permit the department of administrative se…

The superintendent of an institution shall, within ten days after the commitment or entrance of a person to the institution, cause a true copy of the person’s entrance record to be made and forwarded to the director or the director’s designee. When a resident leaves, or is discha…

The superintendent shall immediately notify the director if there is any question as to the propriety of the commitment or detention of any person received at an institution, and the director, upon notification, shall inquire into the matter presented, and take proper action. [S1…

The superintendent of an institution, receiving a person committed to the institution, shall inquire of the person as to the person’s religious preference and enter the preference in the book kept for the purpose, and cause the person to sign the book. [S13, §5718-a1; C24, 27, 31…

Any resident, during the time of the resident’s detention, shall be allowed, for at least one hour weekly and in times of extreme sickness, and at such other suitable and reasonable times consistent with the resident’s religious belief and proper discipline in the institution, to…

If a resident is a minor and has formed no choice, the minor’s preference may, at any time, be expressed by the minor with the approval of parents or guardian, if the minor has a parent or guardian. [S13, §5718-a3; C24, 27, 31, 35, 39, § 3310; C46, 50, 54, 58, 62, 66, 71, 73, 75,…

The director or the director’s designee shall visit, and minutely examine, at least once in six months, and more often if necessary or required by law, the institutions and the financial condition and management of the institutions. [S13, §2727-a10, -a19; C24, 27, 31, 35, 39, § 3…

The director or the director’s designee shall, during such investigation and as far as possible, see every resident of each institution, especially those admitted since the director’s or the director’s designee’s preceding visit, and shall give such residents suitable opportunity…

For the purposes of this chapter , unless the context otherwise requires: 1. “Council” means the council on health and human services. 2. “Department” means the department of health and human services. 3. “Director” means the director of health and human services. 4. “Institution…

The director may investigate or cause the investigation of charges of abuse, neglect, or mismanagement on the part of an officer or employee of a private facility which is subject to the director’s supervision or control. [S13, §2727-a74b; C24, 27, 31, 35, 39, § 3313; C46, 50, 54…

In aid of any investigation, the department may summon and compel the attendance of witnesses; examine the witnesses under oath, which the director or the director’s designee may administer; have access to all books, papers, and property material to such investigation; and order …

Any person failing or refusing to obey the orders of the department issued under section 218.31 , or to give or produce evidence when required, shall be reported by the department to the district court in the county where the offense occurs, and shall be dealt with by the court a…

The department shall cause the testimony taken at such investigation to be transcribed and filed with the department within ten days after the testimony is taken, or as soon thereafter as practicable, and when filed the testimony shall be open for the inspection of any person. [S…

1. The department shall adopt rules not inconsistent with law as necessary for the management of the institutions and the admission, treatment, care, custody, education and discharge of residents. It is the duty of the department to establish rules by which danger to life and pro…

When a resident of an institution is working outside the institution proper, the resident is at all times in the actual custody of the superintendent of the institution. [SS15, §5718-a11; C24, 27, 31, 35, 39, § 3324; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §218.41 ] 83 A…

If a resident performs services for the state at an institution, the department shall pay the resident a wage in accordance with federal wage and hour requirements. However, the wage amount shall not exceed the amount of the prevailing wage paid in the state for a like service or…

If wages are paid to a resident pursuant to section 218.42 , the department may deduct from the wages an amount sufficient to pay all or a part of the costs taxed to the resident by reason of the resident’s commitment to the institution. In such case the amount deducted shall be …

If wages are paid to a resident pursuant to section 218.42 , the department may pay all or any part of the wages directly to any dependent of the resident. The department may also deposit the wages to the account of the resident, or may deposit part of the wages and allow the res…

Quarterly conferences of the superintendents of the institutions shall be held with the director at Des Moines or at institutions under the director’s jurisdiction, for the consideration of all matters relative to the management of the institutions. Full minutes of the conference…

1. The director shall encourage the scientific investigation, on the part of the superintendent and medical staff of the institution, as to the most successful methods of institutional management and treatment of the persons committed to the institution. In addition, the departme…

The superintendent of each institution or the superintendent’s designee shall, on the first day of each month, account to the director or the director’s designee for all state funds received during the preceding month, and at the same time remit the accounting to the treasurer of…

The superintendent of each institution or the superintendent’s designee shall make an annual report to the director and include in the report a detailed and accurate inventory of the stock and supplies on hand, and their amount and value, under the following headings: 1. Livestoc…

The director may permit the superintendent of each institution or the superintendent’s designee to retain a stated amount of funds under the superintendent’s or superintendent’s designee’s supervision as a contingent fund for the payment of freight, postage, commodities purchased…

The department may enter into contracts with the governing body of any city or other municipal corporation for the protection from fire of any property under the department’s primary control, located in any municipal corporation or in territory contiguous to the municipal corpora…

If necessary, the director shall make proper requisition upon the director of the department of administrative services for a warrant on the state treasurer to secure the contingent fund for each institution. [SS15, §2727-a44; C24, 27, 31, 35, 39, § 3333; C46, 50, 54, 58, 62, 66,…

A monthly report of the status of the contingent fund shall be submitted by the superintendent of each institution or the superintendent’s designee to the director or the director’s designee in accordance with applicable rules established by the director. [SS15, §2727-a44; C24, 2…

The department shall, in the purchase of supplies, afford all reasonable opportunity for competition, and shall give preference to local dealers and Iowa producers when such can be done without loss to the state. [S13, §2727-a46; SS15, §2727-a50; C24, 27, 31, 35, 39, § 3335; C46,…

The department may purchase supplies of any institution for use in any other institution, and reasonable payment for the supplies shall be made as in the case of other purchases. [S13, §2727-a47; C24, 27, 31, 35, 39, § 3338; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §218.5…

1. The department shall adopt and make of record rules and regulations governing the purchase of all articles and supplies needed at the various institutions and the form and verification of vouchers for such purchases. 2. The department shall mail vendor warrants for the departm…

The director of the department of administrative services may combine the balances carried in all specific appropriations into a special account for each institution, except that the support fund for each institution shall be carried as a separate account. [S13, §2727-a43; C24, 2…

The department shall work with the department of administrative services to accomplish the following responsibilities: 1. The department shall prepare and submit to the director of the department of management, as provided in section 8.23 , a multiyear construction program includ…

1. Notwithstanding section 8.39, subsection 1 , without the prior written consent and approval of the governor and the director of the department of management, the director may transfer funds between the appropriations made for the institutions, listed as follows: a. The state r…

Upon the death of a resident of an institution, the county medical examiner shall conduct a preliminary investigation of the death as provided in section 331.802 . The cost of the preliminary investigation shall be paid by the department. 2008 Acts, ch 1187, §134 ; 2023 Acts, ch …

The department shall, upon the death of any resident, immediately take possession of all property of the deceased left at the institution, and deliver the property to the duly appointed and qualified representative of the deceased. [S13, §2727-a72; C24, 27, 31, 35, 39, § 3352; C4…

If administration is not granted within one year from the date of the death of the decedent, and the value of the estate of the decedent is so small as to make the granting of administration inadvisable, then delivery of the money and other property left by the decedent may be ma…

If an estate administrator is not identified within one year from the death of a decedent in an institution, and a surviving spouse or heir is not known, the superintendent of the institution may convert all the decedent’s property into cash and in so doing the superintendent sha…

Moneys under section 218.67 shall be transmitted to the treasurer of state as soon after one year after the death of the intestate as practicable, and be credited to the support fund of the institution of which the intestate was a resident. [S13, §2727-a72; C24, 27, 31, 35, 39, §…

A complete permanent record of the money transmitted to the treasurer of state under section 218.68 , showing by whom and with whom the money was left, the amount, the date of the death of the owner, the owner’s reputed place of residence before the owner became a resident of the…

Moneys transmitted to the treasurer of state under section 218.68 shall be paid, at any time within ten years from the death of the intestate, to any person who is shown to be entitled to the moneys. Payment shall be made from the state treasury out of the support fund of such in…

In case the buildings at any institution are destroyed or rendered unfit for habitation by reason of fire, storms, or other like causes, to such an extent that the residents cannot be housed and cared for, the director shall make temporary provision for the housing and care of th…