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

1. Adult day services programs that are serving at least two but not more than five persons and that are not voluntarily accredited by a recognized accrediting entity shall comply with this chapter . 2. A hospital licensed pursuant to chapter 135B , a health care facility license…

1. An adult day services program shall not operate in this state unless a written contractual agreement is executed between the adult day services program and each participant or the participant’s legal representative prior to the participant’s admission to the program, and unles…

1. If an adult day services program initiates the involuntary transfer of a participant and the action is not a result of a monitoring evaluation or complaint investigation by the department, and if the participant or participant’s legal representative contests the transfer, the …

An adult day services program shall not knowingly admit or retain a participant who meets any of the following criteria: 1. Is under the age of eighteen. 2. Requires routine three-person assistance with standing, transfer, or evacuation. 3. Poses a danger to the participant, othe…

1. The purpose of this chapter is to promote and encourage adequate and safe care for adults with functional impairments. 2. The department shall establish, by rule in accordance with chapter 17A , a program for certification and monitoring of and complaint investigations related…

1. A person or governmental unit acting severally or jointly with any other person or governmental unit shall not establish or operate an adult day services program and shall not represent an adult day services program to the public as certified unless and until the program is ce…

An entity certified by the centers for Medicare and Medicaid services of the United States department of health and human services as a federal program of all-inclusive care for the elderly shall not be required to be certified as an adult day services program under this chapter …

1. Certificates for adult day services programs shall be obtained from the department. Applications shall be upon such forms and shall include such information as the department may reasonably require, which may include affirmative evidence of compliance with applicable statutes …

1. The department may deny, suspend, or revoke certification if the department finds that there has been a substantial or repeated failure on the part of the adult day services program to comply with this chapter or the rules or minimum standards adopted pursuant to this chapter …

1. The denial, suspension, or revocation of a certificate shall be effected by delivering to the applicant or certificate holder by restricted certified mail or by personal service a notice setting forth the particular reasons for the action. The denial, suspension, or revocation…

The department may, as an alternative to denial, suspension, or revocation of certification under section 231D.5 , conditionally issue or continue certification dependent upon the performance by the adult day services program of reasonable conditions within a reasonable period of…

The department shall be notified within twenty-four hours, by the most expeditious means available, of any accident causing substantial injury or death, and any substantial fire or natural or other disaster occurring at or near an adult day services program. 2003 Acts, ch 165, §8…

1. A person with concerns regarding the operations or service delivery of an adult day services program may file a complaint with the department. The name of the person who files a complaint with the department and any personal identifying information of the person or any partici…

1. The department shall provide an adult day services program an exit interview at the conclusion of a monitoring evaluation or a complaint investigation, and the department shall inform the program’s representative of all issues and areas of concern related to the insufficient p…

This chapter shall be known and may be cited as the “Iowa Public Guardian Act” . 2005 Acts, ch 175, §130 ; 2018 Acts, ch 1048, §2

Notwithstanding section 633.63 or any other provision to the contrary, a local public guardian shall not provide direct services to or have an actual or the appearance of any conflict of interest relating to any individual for whom the local public guardian acts in the capacity o…

1. The attorney general may advise the state office on legal matters and represent the state office in legal proceedings. 2. Upon the request of the attorney general, a county attorney may represent the state office or a local office in connection with the filing of a petition fo…

All employees and volunteers of the state office and local offices operating under this chapter and other applicable chapters and pursuant to rules adopted under this and other applicable chapters are considered employees of the state and state volunteers for the purposes of chap…

Implementation of this chapter is subject to availability of funding as determined by the department. 2005 Acts, ch 175, §142 ; 2015 Acts, ch 30, §75

1. a. The general assembly finds that many adults in this state are unable to meet essential requirements to maintain their physical health or to manage essential aspects of their financial resources and are in need of guardianship, conservatorship, or representative payee servic…

As used in this chapter , unless the context otherwise requires: 1. “Client” means an individual for whom a representative payee is appointed. 2. “Conservator” means conservator as defined in section 633.3 . 3. “Court” means court as defined in section 633.3 . 4. “Department” mea…

1. A state office of public guardian is established within the department to create and administer a statewide network of guardians, conservators, and representative payees who provide guardianship, conservatorship, or representative payee services if other guardians, conservator…

1. The state public guardian shall select persons to provide local public guardianship services, based upon a request for proposals process developed by the department. 2. A local office shall comply with all requirements established for the local office by the department and sha…

1. The court may appoint on its own motion or upon petition of any person, the state office or a local office, to serve as guardian or conservator for any proposed protected person in cases in which the court determines that the proceeding will establish the least restrictive for…

The state office or local office may on its own motion or at the request of the court intervene in a guardianship or conservatorship proceeding if the state office or local office or the court considers the intervention to be justified because of any of the following: 1. An appoi…

1. The court shall only appoint or intervene on its own motion or act upon the petition of any person under section 231E.6 or 231E.7 if such appointment or intervention would comply with staffing ratios established by the department and if sufficient resources are available to th…

Fees received by the state office and by local offices for services provided as the state public guardian or as a local public guardian shall be deposited in the general fund of the state and the amounts received are appropriated to the department for the purposes of administerin…

1. The general assembly finds and declares that the intent for Iowa’s long-term living system is to ensure all Iowans access to an extensive range of high-quality, affordable, and cost-effective long-term living options that maximize independence, choice, and dignity for consumer…

This chapter shall be liberally construed to the end that each child under the jurisdiction of the court shall receive, preferably in the child’s own home, the care, guidance and control that will best serve the child’s welfare and the best interest of the state. When a child is …

1. Venue for delinquency proceedings shall be in the judicial district where the child is found, where the child resides, or where the alleged delinquent act occurred. 2. The court may transfer delinquency proceedings to the court of any county having venue at any stage in the pr…

After the dispositional hearing the court may enter an order suspending judgment and continuing the proceedings subject to terms and conditions imposed to assure the proper care and protection of the child. Such terms and conditions may include the supervision of the child and of…

1. After the dispositional hearing, the court may enter an order permitting the child’s parent, guardian, or custodian at the time of the filing of the petition to retain custody of the child subject to terms and conditions which the court prescribes to assure the proper care and…

1. After a dispositional hearing the court may close the child in need of assistance case and appoint a guardian pursuant to sections 232D.308 and 232D.401 if all of the following conditions are met: a. The person receiving guardianship meets the definition of custodian in sectio…

1. a. After a dispositional hearing, the court may enter an order transferring the legal custody of the child to a parent of the child. If the court finds that custody with either of the child’s parents is not in the child’s best interests, the child’s custody shall be transferre…

1. For the purposes of this subchapter : a. “Reasonable efforts” means the efforts made to preserve and unify a family prior to the out-of-home placement of a child in foster care or to eliminate the need for removal of the child or make it possible for the child to safely return…

1. At any time prior to expiration of a dispositional order and upon the motion of an authorized party or upon its own motion as provided in this section , the court may terminate the order and discharge the child, modify the order, or vacate the order and make a new order. 2. Th…

1. The juvenile court may close a child in need of assistance case by transferring jurisdiction over the child’s custody, physical care, and visitation to the district court through a bridge order, if all of the following criteria are met: a. The child has been adjudicated a chil…

1. A juvenile court may close a child in need of assistance case by returning jurisdiction of the child’s custody to the district court through an order modifying issues of legal custody, physical care, and parenting time if all of the following criteria have been met: a. The chi…

1. a. The time for the initial permanency hearing for a child subject to out-of-home placement shall be the earlier of the following: (1) For a temporary removal order entered under section 232.78 , 232.95 , or 232.96 , for a child who was removed without a court order under sect…

If the court enters an order under this chapter which imposes terms and conditions on the child’s parent, guardian, or custodian, the purpose of the terms and conditions shall be to assure the protection of the child. The order is subject to the following provisions: 1. The order…

1. If the court orders the transfer of custody of a child and siblings to the department or other agency for placement under this chapter , the department or other agency shall make reasonable efforts to place the child and siblings together whenever possible if such placement is…

The juvenile court shall have exclusive jurisdiction over proceedings under this chapter to terminate a parent-child relationship and all parental rights with respect to a child. No such termination shall be ordered except under the provisions of this chapter if the court has mad…

1. A child shall have the right to be represented by counsel at the following stages of the proceedings within the jurisdiction of the juvenile court under subchapter II or subchapter VIII : a. From the time the child is taken into custody for any alleged delinquent act that cons…

1. Venue for termination proceedings under this chapter shall be in the judicial district where the child is found or the judicial district where the child resides except as otherwise provided in subsection 2 . 2. If a court has made an order concerning the child pursuant to the …

1. A child’s guardian, guardian ad litem, or custodian, the department, a juvenile court officer, or the county attorney may file a petition for termination of the parent-child relationship and parental rights with respect to a child. 2. a. Unless any of the circumstances describ…

1. Persons listed in section 232.111, subsection 4 , shall be necessary parties to a termination of parent-child relationship proceeding and are entitled to receive notice and an opportunity to be heard, except that notice may be dispensed with in the case of any such person whos…