CHAPTER 156
PAYMENTS FOR FOSTER CARE
[Prior to 7/1/83, Social Services[770] Ch 137]
[Previously appeared as Ch 137—renumbered IAB 2/29/84]
[Prior to 2/11/87, Human Services[498]]
441—156.1(234) Definitions.
“Child welfare services” means age-appropriate activities to maintain a child’s connection to the child’s family and community, to promote reunification or other permanent placement, and to facilitate a child’s transition to adulthood.
“Cost of foster care” means the maintenance and supervision costs of foster family care, the maintenance costs and child welfare service costs of group care, and the maintenance and service costs of supervised apartment living and shelter care. The cost for foster family care supervision and for supervised apartment living services provided directly by the department caseworker shall be $250 per month. When using this average monthly charge results in unearned income or parental liability being collected in excess of the cost of foster care, the excess funds shall be placed in the child’s escrow account. The cost for supervised apartment living services purchased from a private provider shall be the actual costs paid by the department.
“Department” means the Iowa department of human services and includes the local offices of the department.
“Director” means the director of the department of human services or the director’s designee.
“Earned income” means income in the form of a salary, wages, tips, bonuses, commissions earned as an employee, income from job corps or profit from self-employment.
“Escrow account” means an interest bearing account in a bank or savings and loan association that is maintained by the department in the name of a particular child.
“Family foster care supervision” means the support, assistance, and oversight provided by department caseworkers to children in family foster care and directed toward achievement of the child’s permanency plan goals.
“Foster care” means substitute care furnished on a 24-hour-a-day basis to an eligible child in a licensed or approved facility by a person or agency other than the child’s parent or guardian but does not include care provided in a family home through an informal arrangement for a period of 20 days or less. Child foster care shall include but is not limited to the provision of food, lodging, training, education, supervision and health care.
“Foster family care” means foster care provided by a foster family licensed by the department according to 441—Chapter 113 or licensed or approved by the placing state. The care includes the provision of food, lodging, clothing, transportation, recreation, and training that is appropriate for the child’s age and mental and physical capacity.
“Group care maintenance” means food, clothing, shelter, school supplies, personal incidentals, daily care, general parenting, discipline, and supervision of children to ensure their well-being and safety, and administration of maintenance items provided in a group care facility.
“Income” means earned and unearned income.
“Inflation factor” means the amount by which the consumer price index for all urban consumers increased during the calendar year ending December 31 that preceded the contractor’s fiscal year end.
“Intellectual disabilities professional” means a psychologist, physician, registered nurse, educator, social worker, physical or occupational therapist, speech therapist or audiologist who meets the educational requirements for the profession, as required in the state of Iowa, and has at least one year of experience working with persons with an intellectual disability.
“Mental health professional” means a person who meets all of the following conditions:
	1.	Holds at least a master’s degree in a mental health field including, but not limited to, psychology, counseling and guidance, psychiatric nursing and social work; or is a doctor of medicine or osteopathic medicine; and
	2.	Holds a current Iowa license when required by the Iowa professional licensure laws (such as a psychiatrist, a psychologist, a marital and family therapist, a mental health counselor, an advanced registered nurse practitioner, a psychiatric nurse, or a social worker); and
	3.	Has at least two years of postdegree experience supervised by a mental health professional in assessing mental health problems, mental illness, and service needs and in providing mental health services.
“Parent” means the biological or adoptive parent of the child.
“Parental liability” means a parent’s liability for the support of a child during the period of foster care placement. Liability shall be determined pursuant to 441—Chapter 99, Division I.
“Physician” means a licensed medical or osteopathic doctor as defined in Iowa Code section 135.1(4).
“Prevailing rate” means the maximum combined service and maintenance reimbursement rate the department pays to contracted shelter care providers as authorized by the legislature.
“Provider” means the entity that has executed a contract with the department to provide services.
“Service area manager” means the department employee or designee responsible for managing department offices and personnel within the service area and for implementing policies and procedures of the department.
“Special needs child” means a child with needs for emotional care, behavioral care, or physical and personal care that require additional skills, knowledge, or responsibility on the part of the foster parents, as measured by Form 470-4401, Foster Child Behavioral Assessment. See subrule 156.6(4).
“Unearned income” means any income that is not earned income and includes supplemental security income (SSI) and other funds available to a child residing in a foster care placement.
This rule is intended to implement Iowa Code section 234.39.
[ARC 7606B, IAB 3/11/09, effective 5/1/09; ARC 7741B, IAB 5/6/09, effective 7/1/09; ARC 8010B, IAB 7/29/09, effective 10/1/09; ARC 2885C, IAB 1/4/17, effective 3/1/17]
441—156.2(234) Foster care recovery. The department shall recover the cost of foster care provided by the department pursuant to the rules in this chapter and the rules in 441—Chapter 99, Division I, which establishes policies and procedures for the computation and collection of parental liability.
	156.2(1) Funds shall be applied to the cost of foster care in the following order and each source exhausted before utilizing the next funding source:
	a. 	Unearned income of the child.
	b. 	Parental liability of the noncustodial parent.
	c. 	Parental liability of custodial parent(s).
	156.2(2) The department shall serve as payee to receive the child’s unearned income. When a parent or guardian is not available or is unwilling to do so, the department shall be responsible for applying for benefits on behalf of a child placed in the care of the department. Until the department becomes payee, the payee shall forward benefits to the department. For voluntary foster care placements of children aged 18 and over, the child is the payee for the unearned income. The child shall forward these benefits, up to the actual cost of foster care, to the department.
	156.2(3) The custodial parent shall assign child support payments to the department.
	156.2(4) Unearned income of a child and parental liability of the noncustodial parent shall be placed in an account from whence it shall be applied toward the cost of the child’s current foster care and the remainder placed in an escrow account.
	156.2(5) When a child has funds in escrow these funds may be used by the department to meet the current needs of the child not covered by the foster care payments and not prohibited by the source of the funds.
	156.2(6) When the child leaves foster care, funds in escrow shall be paid to the custodial parent(s) or guardian or to the child when the child has attained the age of majority, unless a guardian has been appointed.
	156.2(7) When a child who has unearned income returns home after the first day of a month, the remaining portion of the unearned income (based on the number of days in the particular month) shall be made available to the child and the child’s parents, guardian or custodian, if the child is eligible for the unearned income while in the home of a parent, guardian or custodian.
This rule is intended to implement Iowa Code section 234.39.
441—156.3(252C) Computation and assessment of parental liability. Rescinded IAB 3/13/96, effective 5/1/96.
441—156.4(252C) Redetermination of liability. Rescinded IAB 3/13/96, effective 5/1/96.
441—156.5(252C) Voluntary payment. Rescinded IAB 3/13/96, effective 5/1/96.
441—156.6(234) Rate of maintenance payment for foster family care.
	156.6(1) Basic rate. A monthly payment for care in a foster family home licensed in Iowa shall be made to the foster family based on the following schedule:

Age of child	Daily rate	
0 through 5	$16.78	
6 through 11	$17.45	
12 through 15	$19.10	
16 or over	$19.35	
	156.6(2) Out-of-state rate. A monthly payment for care in a foster family home licensed or approved in another state shall be made to the foster family based on the rate schedule in effect in Iowa, except that the service area manager or designee may authorize a payment to the foster family at the rate in effect in the other state if the child’s family lives in that state and the goal is to reunite the child with the family.
	156.6(3) Mother and child in foster care. When the child in foster care is a mother whose young child is in placement with her, the rate paid to the foster family shall be based on the daily rate for the mother according to the rate schedule in subrules 156.6(1) and 156.6(4) and for the child according to the rate schedule in subrule 156.6(1). The foster parents shall provide a portion of the young child’s rate to the mother to meet the partial maintenance needs of the young child as defined in the case permanency plan.
	156.6(4) Difficulty of care payment.
	a. 	For placements made before January 1, 2007, when foster parents provide care to a special needs child, the foster family shall be paid the basic maintenance rate plus $5 per day for extra expenses associated with the child’s special needs. This rate shall continue for the duration of the placement.
	b. 	When a foster family provides care to a sibling group of three or more children, an additional payment of $1 per day per child may be authorized for each nonspecial needs child in the sibling group.
	c. 	When the foster family’s responsibilities in the case permanency plan include providing transportation related to family or preplacement visits outside the community in which the foster family lives, the department worker may authorize an additional maintenance payment of $1 per day. Expenses over the monthly amount may be reimbursed with prior approval by the worker. Eligible expenses shall include the actual cost of the most reasonable passenger fare or gas.
	d. 	Effective January 1, 2007, when a foster family provides care to a child who was receiving behavioral management services for children in therapeutic foster care in that placement as of October 31, 2006, the foster family shall be paid the basic maintenance rate plus $15 per day for that child. This rate shall continue for the duration of the placement.
	e. 	Effective January 1, 2007, when a service area manager determines that as of October 31, 2006, a foster family was providing care for a child comparable to behavioral management services for children in therapeutic foster care, except that the placement is supervised by the department and the child’s treatment plan is supervised by a physician, a mental health professional, or an intellectual disabilities professional, the foster family shall be paid the basic maintenance rate plus $15 per day for that child. This rate shall continue for the duration of the placement.
	f. 	For placements made on or after January 1, 2007, the supervisor may approve an additional maintenance payment above the basic rate in subrule 156.6(1) to meet the child’s special needs as identified by the child’s score on Form 470-4401, Foster Child Behavioral Assessment. The placement worker shall complete Form 470-4401 within 30 days of the child’s initial entry into foster care.
	(1)	Additional maintenance payments made under this paragraph shall begin no earlier than the first day of the month following the month in which Form 470-4401 is completed and shall be awarded as follows:
	1.	Behavioral needs rated at level 1 qualify for a payment of $4.81 per day.
	2.	Behavioral needs rated at level 2 qualify for a payment of $9.62 per day.
	3.	Behavioral needs rated at level 3 qualify for a payment of $14.44 per day.
	(2)	The department shall review the child’s need for this difficulty of care maintenance payment using Form 470-4401:
	1.	Whenever the child’s behavior changes significantly;
	2.	When the child’s placement changes;
	3.	After termination of parental rights, in preparation for negotiating an adoption subsidy or pre-subsidy payment; and
	4.	Before a court hearing on guardianship subsidy.
	g. 	All maintenance payments, including difficulty of care payments, shall be documented on Form 470-0716, Foster Family Placement Contract.
	h. 	Rescinded IAB 1/3/07, effective 1/1/07.
	156.6(5) Payment method. All foster family maintenance payments shall be made directly to the foster family.
	156.6(6) Return of overpayments. When a foster family has received payments in excess of those allowed under this chapter, the department caseworker shall ask the foster family to return the overpayment. If the foster family is returning the overpayment to the department, the caseworker will note the monthly amount the foster family agrees to pay in the family’s case file. The amount returned shall not be less than $50 per month.
This rule is intended to implement Iowa Code section 234.38 and 2013 Iowa Acts, Senate File 446, sections 18 and 19.
[ARC 8010B, IAB 7/29/09, effective 10/1/09; ARC 8451B, IAB 1/13/10, effective 1/1/10; ARC 8653B, IAB 4/7/10, effective 5/12/10; ARC 8904B, IAB 6/30/10, effective 7/1/10; ARC 9778B, IAB 10/5/11, effective 11/9/11; ARC 0240C, IAB 8/8/12, effective 7/11/12; ARC 0419C, IAB 10/31/12, effective 12/5/12; ARC 0858C, IAB 7/24/13, effective 7/1/13; ARC 1061C, IAB 10/2/13, effective 11/6/13; ARC 2885C, IAB 1/4/17, effective 3/1/17]
441—156.7(234) Purchase of family foster care services. Rescinded IAB 5/6/09, effective 7/1/09.
441—156.8(234) Additional payments.
	156.8(1) Clothing allowance. When, in the judgment of the worker, clothing is needed at the time the child is removed from the child’s home and placed in foster care, an allowance may be authorized, not to exceed $237.50, to purchase clothing.
	a. 	Once during each calendar year that the child remains in foster care, the department worker may authorize another clothing allowance, not to exceed $190 for family foster care and $100 for all other levels when:
	(1)	The child needs clothing to replace lost clothing or because of growth or weight change, and
	(2)	The child does not have escrow funds to cover the cost.
	b. 	When clothing is purchased by the foster family, the foster family shall submit receipts to the worker within 30 days of purchase for auditing purposes, using Form 470-1952, Foster Care Clothing Allowance.
	156.8(2) Supervised apartment living. Effective July 1, 2013, when a child is initially placed in supervised apartment living, the service area manager or designee may authorize an allowance not to exceed $630 if the child does not have sufficient resources to cover initial costs.
	156.8(3) Medical care. When a child in foster care needs medical care or examinations which are not covered by the Medicaid program and no other source of payment is available, the cost may be paid from foster care funds with the approval of the service area manager or designee. Eligible costs shall include emergency room care, medical treatment by out-of-state providers who refuse to participate in the Iowa Medicaid program, and excessive expenses for nonprescription drugs or supplies. Requests for payment for out-of-state medical treatment and for nonprescription drugs or supplies shall be approved prior to the care being provided or the drugs or supplies purchased. Claims shall be submitted to the department on Form GAX, General Accounting Expenditure, within 90 days after the service is provided. The rate of payment shall be the same as allowed under the Iowa Medicaid program.
	156.8(4) Transportation for medical care. When a child in foster family care has expenses for transportation to receive medical care which cannot be covered by the Medicaid program, the expenses may be paid from foster care funds, with the approval of the service area manager. The claim for all the expenses shall be submitted to the department on Form GAX, General Accounting Expenditure, within 90 days after the trip. This payment shall not duplicate or supplement payment through the Medicaid program. The expenses may include the actual cost of meals, parking, child care, lodging, passenger fare, or mileage at the rate granted state employees.
	156.8(5) Funeral expense. When a child under the guardianship of the department dies, the department will pay funeral expenses not covered by the child’s resources, insurance or other death benefits, the child’s legal parents, or the child’s county of legal settlement, not to exceed $650.
The total cost of the funeral and the goods and services included in the total cost shall be the same as defined in rule 441—56.3(239,249).
The claim shall be submitted by the funeral director to the department on Form GAX, General Accounting Expenditure, and shall be approved by the service area manager. Claims shall be submitted within 90 days after the child’s death.
	156.8(6) School fees. Payment for required school fees of a child in foster family care or supervised apartment living that exceed $5 may be authorized by the department worker in an amount not to exceed $50 per calendar year if the child does not have sufficient escrow funds to cover the cost. Required school fees shall include:
	a. 	Fees required for participation in school or extracurricular activities; and
	b. 	Fees related to enrolling a child in preschool when a mental health professional or an intellectual disabilities professional has recommended school attendance.
	156.8(7) Respite care. The service area manager or designee may authorize respite for a child in family foster care for up to 24 days per calendar year per placement. Respite shall be provided by a licensed foster family. The payment rate to the respite foster family shall be the rate authorized under rule 441—156.6(234) to meet the needs of the child.
	156.8(8) Tangible goods, child care, and ancillary services. To the extent that a foster child’s escrow funds are not available, the service area manager or designee may authorize reimbursement to foster parents for the following:
	a. 	Tangible goods for a special needs child including, but not limited to, building modifications, medical equipment not covered by Medicaid, specialized educational materials not covered by educational funds, and communication devices not covered by Medicaid.
	b. 	Child care services when the foster parents are working, the child is not in school, and the provision of child care is identified in the child’s case permanency plan.
	(1)	Child care services shall be provided by a licensed foster parent or a licensed or registered child care provider when available.
	(2)	When foster parents elect to become child care providers, they shall be registered pursuant to 441—Chapter 110.
	c. 	Ancillary services needed by the foster parent to meet the needs of a special needs child including, but not limited to, specialized classes when directed by the case permanency plan.
	d. 	Ancillary services needed by the special needs child including, but not limited to, recreation fees, in-home tutoring and specialized classes not covered by education funds.
	e. 	Requests for tangible goods, child care, and ancillary services shall be submitted to the service area manager for approval on Form 470-3056, Request for Tangible Goods, Child Care, and Ancillary Services. Payment rates for tangible goods and ancillary services shall be comparable to prevailing community standards. Payment rates for child care shall be established pursuant to 441—subrule 170.4(7).
	f. 	Prior payment authorization shall be issued by the service area manager before tangible goods, child care, and ancillary services are purchased by or for foster parents.
This rule is intended to implement Iowa Code section 234.35.
[ARC 7606B, IAB 3/11/09, effective 5/1/09; ARC 8010B, IAB 7/29/09, effective 10/1/09; ARC 8451B, IAB 1/13/10, effective 1/1/10; ARC 8653B, IAB 4/7/10, effective 5/12/10; ARC 9778B, IAB 10/5/11, effective 11/9/11; ARC 0856C, IAB 7/24/13, effective 7/1/13; ARC 1062C, IAB 10/2/13, effective 11/6/13; ARC 2885C, IAB 1/4/17, effective 3/1/17]
441—156.9(234) Rate of payment for foster group care.
	156.9(1) In-state reimbursement. Effective July 1, 2014, contracted foster group care facilities licensed or approved in the state of Iowa shall be paid for group care maintenance and child welfare services in accordance with contracted terms.
	a. 	Additional payment for group care maintenance may be authorized if a facility provides care for a mother and her young child according to subrule 156.9(4).
	b. 	No less than annually, the department shall redetermine the allocation of the combined child welfare service per diem rate between the maintenance and service portions plus the inflation factor based on review of the verified Form 470-5421, Combined Cost Report. If the new allocation differs from the current allocation, the department shall:
	(1)	Reallocate the combined child welfare service per diem for foster group care between the maintenance and service portions plus the inflation factor of the combined rate; and
	(2)	Notify all providers of any change in the allocation between maintenance and service rates.
	156.9(2) Out-of-state group care payment rate. When the department determines that appropriate care is not available in Iowa and a licensed or approved contractor outside Iowa is used, the payment rate for contracted foster group care services shall be the Iowa rate unless the director grants an exception. The rate shall not exceed the rate paid for clients from that state.
	156.9(3) Out-of-state placement determination.
	a. 	Placement. When determining whether appropriate care is available within the state, the director shall consider each of the following:
	(1)	Whether the child’s treatment needs are exceptional.
	(2)	Whether appropriate in-state alternatives are available.
	(3)	Whether an appropriate in-state alternative could be developed by using juvenile court-ordered service funds or wrap-around funds.
	(4)	Whether the placement and additional payment are expected to be time-limited with anticipated outcomes identified.
	(5)	If the placement has been approved by the service area manager or chief juvenile court officer.
	b. 	Procedure. The service area manager or chief juvenile court officer shall submit the request for director’s exception to the Appeals Section, Department of Human Services, Hoover State Office Building, Fifth Floor, Des Moines, Iowa 50319-0114. This request shall be made in advance of placing the child and should allow a minimum of two weeks for a response. The request shall contain documentation addressing the criteria for director’s approval listed in paragraph 156.9(3)“a.”
	c. 	Appeals. The decision of the director regarding approval of an exception to the rate determination in rule 441—156.9(234) is not appealable.
	156.9(4) Mother-young child rate. When a group foster care facility provides foster care for a mother and her young child, an additional maintenance rate shall cover the maintenance needs of the young child. No additional amount shall be allowed for service needs of the child.
	a. 	The rate shall be set in the provider contract. The young child maintenance rate shall be limited to the costs associated with food, clothing, shelter, personal incidentals, and supervision for each young child and shall not exceed the maintenance rate for the mother. Costs for day care shall not be included in the maintenance rate.
	b. 	Unless the court has transferred custody from the mother, the mother shall have primary responsibility for providing supervision and parenting for the young child. The facility shall provide services to the mother to assist her to meet her parenting responsibilities and shall monitor her care of the young child.
	c. 	The provider shall provide services to the mother to assist her to:
	(1)	Obtain a high school diploma or high school equivalency.
	(2)	Develop preemployment skills.
	(3)	Establish paternity for her young child whenever appropriate.
	(4)	Obtain child support for the young child whenever paternity is established.
	d. 	The provider shall maintain information in the mother’s file on:
	(1)	The involvement of the mother’s parents or of other adults.
	(2)	The involvement of the father of the minor’s child, including steps taken to establish paternity, if appropriate.
	(3)	A decision of the minor to keep and raise her young child.
	(4)	Plan for the minor’s completion of high school or a high school equivalency program.
	(5)	The parenting skills of the minor parent.
	(6)	Child care and transportation plans for education, training or employment.
	(7)	Ongoing health care of the mother and child.
	(8)	Other services as needed to address personal or family problems or to facilitate the personal growth and development toward economic self-sufficiency of the minor parent and young child.
	e. 	The provider shall designate $35 of the young child rate as an allowance to the mother to meet the maintenance needs of her young child, as defined in her case permanency plan.
This rule is intended to implement Iowa Code sections 234.6 and 234.38.
[ARC 7741B, IAB 5/6/09, effective 7/1/09; ARC 8715B, IAB 5/5/10, effective 7/1/10; ARC 9778B, IAB 10/5/11, effective 11/9/11; ARC 1523C, IAB 7/9/14, effective 7/1/14; ARC 1607C, IAB 9/3/14, effective 10/8/14; ARC 2885C, IAB 1/4/17, effective 3/1/17]
441—156.10(234) Payment for reserve bed days.
	156.10(1) Group care facilities. The department shall provide payment for group care maintenance and child welfare services according to the following requirements.
	a. 	Family visits. Reserve bed payment shall be made for days a child is absent from the facility for family visits when the absence is in accord with the following:
	(1)	The visits shall be consistent with the child’s case permanency plan.
	(2)	The facility shall notify the worker of each visit and its planned length prior to the visit.
	(3)	The intent of the department and the facility shall be for the child to return to the facility after the visit.
	(4)	Staff from the facility shall be available to provide support to the child and family during the visit.
	(5)	Payment shall be canceled and payments returned if the facility refuses to accept the child back.
	(6)	If the department and the facility agree that the return would not be in the child’s best interest, payment shall be canceled effective the day after the joint decision not to return the child.
	(7)	Payment shall be canceled effective the day after a decision is made by the court or parent in a voluntary placement not to return the child.
	(8)	Payment shall not exceed 14 consecutive days, except upon prior written approval of the service area manager. In no case shall payment exceed 30 consecutive days.
	(9)	The provider shall document the use of reserve bed days in the daily log and report the number of reserve bed days claimed in the quarterly report.
	b. 	Hospitalization. Reserve bed payment shall be made for days a child is absent from the facility for hospitalization when the absence is in accord with the following:
	(1)	The facility shall contact the worker at least 48 hours in advance of a planned hospitalization and within 24 hours after an unplanned hospitalization.
	(2)	The intent of the department and the facility shall be for the child to return to the facility after the hospitalization.
	(3)	Staff from the facility shall be available to provide support to the child and family during the hospitalization.
	(4)	Payment shall be canceled and payments returned if the facility refuses to accept the child back.
	(5)	If the department and the facility agree that the return would not be in the child’s best interest, payment shall be canceled effective the day after the joint decision not to return the child.
	(6)	Payment shall be canceled effective the day after a decision is made by the court or parent in a voluntary placement not to return the child.
	(7)	Payment shall not exceed 14 consecutive days, except upon prior written approval of the service area manager. In no case shall payment exceed 30 consecutive days.
	(8)	The provider shall document the use of reserve bed days in the daily log and report the number of reserve bed days claimed in the quarterly report.
	c. 	Runaways. Reserve bed payment shall be made for days a child is absent from the facility after the child has run away when the absence is in accord with the following:
	(1)	The facility shall notify the worker within 24 hours after the child runs away.
	(2)	The intent of the department and the facility shall be for the child to return to the facility once the child is found.
	(3)	Payment shall be canceled and payments returned if the facility refuses to accept the child back.
	(4)	If the department and the facility agree that the return would not be in the child’s best interest, payment shall be canceled effective the day after the joint decision not to return the child.
	(5)	Payment shall be canceled effective the day after a decision is made by the court or parent in a voluntary placement not to return the child.
	(6)	Payment shall not exceed 14 consecutive days, except upon prior written approval of the service area manager. In no case shall payment exceed 30 consecutive days.
	(7)	The provider shall document the use of reserve bed days in the daily log and report the number of reserve bed days claimed in the quarterly report.
	d. 	Preplacement visits. Reserve bed payment shall be made when a child is making a planned preplacement visit to another foster care placement or an adoptive placement when the absence is in accord with the following:
	(1)	The visits shall be consistent with the child’s case permanency plan.
	(2)	The intent of the department and the facility shall be for the child to return to the facility.
	(3)	Staff from the facility shall be available to provide support to the child and provider during the visit.
	(4)	Payment shall be canceled and payment returned if the facility refuses to accept the child back.
	(5)	Payment shall not exceed two consecutive days.
	(6)	The provider shall document the use of reserve bed days in the daily log and report the number of reserve bed days claimed in the quarterly report.
	156.10(2) Foster family care.
	a. 	Family visits. Reserve bed payment shall be made for days a foster child is absent from the foster family home for family visits when the absence is in accord with the following:
	(1)	The visits shall be consistent with the child’s case permanency plan.
	(2)	The intent of the department and the foster family shall be for the child to return to the foster family home after the visit.
	(3)	Payment shall be canceled and payments returned if the foster family refuses to accept the child back.
	(4)	If the department and the foster family agree that the return would not be in the child’s best interest, payment shall be canceled effective the day after the joint decision not to return the child.
	(5)	Payment shall be canceled effective the day after a decision is made by the court or parent in a voluntary placement not to return the child.
	(6)	Payment shall not exceed 14 consecutive days, except upon prior written approval of the service area manager. In no case shall payment exceed 30 consecutive days.
	b. 	Hospitalization. Reserve bed payment shall be made for days a foster child is absent from the foster family home for hospitalization when the absence is in accord with the following:
	(1)	The intent of the department and the foster family shall be for the child to return to the foster family home after the hospitalization.
	(2)	Payment shall be canceled and payments returned if the foster family refuses to accept the child back.
	(3)	If the department and the foster family agree that the return would not be in the child’s best interest, payment shall be canceled effective the day after the joint decision not to return the child.
	(4)	Payment shall be canceled effective the day after a decision is made by the court or parent in a voluntary placement not to return the child.
	(5)	Payment shall not exceed 14 consecutive days, except upon prior written approval of the service area manager. In no case shall payment exceed 30 consecutive days.
	c. 	Runaways. Reserve bed payment shall be made for days a foster child is absent from the foster family home after the child has run away when the absence is in accord with the following:
	(1)	The foster family shall notify the worker within 24 hours after the child runs away.
	(2)	The intent of the department and the foster family shall be for the child to return to the foster family home once the child is found.
	(3)	Payment shall be canceled and payments returned if the foster family refuses to accept the child back.
	(4)	If the department and the foster family agree that the return would not be in the child’s best interest, payment shall be canceled effective the day after the joint decision not to return the child.
	(5)	Payment shall be canceled effective the day after a decision is made by the court or parent in a voluntary placement not to return the child.
	(6)	Payment shall not exceed 14 consecutive days, except upon prior written approval of the service area manager. In no case shall payment exceed 30 consecutive days.
	d. 	Preplacement visits. Reserve bed payment shall be made when a foster child is making a planned preplacement visit to another foster care placement or an adoptive placement when the absence is in accord with the following:
	(1)	The visits shall be consistent with the child’s case permanency plan.
	(2)	The intent of the department and the foster family home shall be for the child to return to the foster family home.
	(3)	Payment shall be canceled and payment returned if the foster family home refuses to accept the child back.
	(4)	Payment shall not exceed two consecutive days.
	156.10(3) Shelter care facilities.
	a. 	Hospitalization. Reserve bed payment shall be made for days a child is absent from the facility for hospitalization when the absence is in accord with the following:
	(1)	The facility shall contact the worker at least 48 hours in advance of a planned hospitalization and within 24 hours after an unplanned hospitalization.
	(2)	The intent of the department and the facility shall be for the child to return to the facility after the hospitalization.
	(3)	Staff from the facility shall be available to provide support to the child and family during the hospitalization.
	(4)	Payment shall be canceled and payments returned if the facility refuses to accept the child back.
	(5)	If the department and the facility agree that the return would not be in the child’s best interest, payment shall be canceled effective the day after the joint decision not to return the child.
	(6)	Payment shall be canceled effective the day after a decision is made by the court or parent in a voluntary placement not to return the child.
	(7)	Payment shall not exceed 14 consecutive days, except upon prior written approval of the service area manager. In no case shall payment exceed 30 consecutive days.
	(8)	The provider shall document the use of reserve bed days in the daily log and report the number of reserve bed days claimed in the quarterly report.
	b. 	Preplacement visits. Reserve bed payment shall be made when a child is making a planned preplacement visit to another foster care placement or an adoptive placement when the absence is in accord with the following:
	(1)	The visits shall be consistent with the child’s case permanency plan.
	(2)	The intent of the department and the facility shall be for the child to return to the facility.
	(3)	Staff from the facility shall be available to provide support to the child and provider during the visit.
	(4)	Payment shall be canceled and payment returned if the facility refuses to accept the child back.
	(5)	Payment shall not exceed two consecutive days.
	(6)	The provider shall document the use of reserve bed days in the daily log and report the number of reserve bed days claimed in the quarterly report.
This rule is intended to implement Iowa Code sections 234.6 and 234.35.
[ARC 8010B, IAB 7/29/09, effective 10/1/09; ARC 2885C, IAB 1/4/17, effective 3/1/17]
441—156.11(234) Emergency juvenile shelter care payment. Contracted juvenile shelter care facilities approved or licensed in Iowa shall be paid according to the following rate-setting methodology.
	156.11(1) The combined service and maintenance reimbursement rate paid to a shelter care provider shall be based on the verified Form 470-5421, Combined Cost Report, submitted to the department, but shall not exceed the prevailing rate. The department shall adjust the provider’s reimbursement rate to the provider’s actual and allowable cost, plus the inflation factor and the $3.99 allowance originated under the tobacco settlement fund, or to the prevailing rate, whichever is less, effective the first day of the month following the department’s receipt from the fiscal consultant of the provider’s verified cost for the most recently reviewed fiscal year.
	156.11(2) Net allowable expenditures are limited to those costs that are considered reasonable, necessary, and related to the service provided to the client as set forth in Comm. 502 (7/16), Instructions for the Combined Cost Report.
[ARC 7606B, IAB 3/11/09, effective 5/1/09; ARC 2885C, IAB 1/4/17, effective 3/1/17]
441—156.12(234) Supervised apartment living.
	156.12(1) Maintenance. Effective July 1, 2013, when a child at least aged 16½ but under the age of 20 is living in a supervised apartment living situation, the monthly maintenance payment for the child shall be $787.50. This payment may be paid to the child or another payee, other than a department employee, for the child’s living expenses.
	156.12(2) Service. When services for a youth in supervised apartment living are purchased, the service components and number of hours purchased shall be specified by the service worker in the youth’s case permanency plan.
This rule is intended to implement Iowa Code section 234.35 and 2011 Iowa Acts, House File 649, section 28(4).
[ARC 8451B, IAB 1/13/10, effective 1/1/10; ARC 8653B, IAB 4/7/10, effective 5/12/10; ARC 9778B, IAB 10/5/11, effective 11/9/11; ARC 0856C, IAB 7/24/13, effective 7/1/13; ARC 1062C, IAB 10/2/13, effective 11/6/13]
441—156.13(234) Excessive rates. Rescinded IAB 6/9/93, effective 8/1/93.
441—156.14(234,252C) Voluntary placements. When placement is made on a voluntary basis, the parent or guardian shall complete and sign Form 470-0715, Voluntary Placement Agreement.
441—156.15(234) Child’s earnings. Earned income of a child who is in foster care shall be reported to the department, and the earned income’s use shall be part of the child’s plan for service, but the income shall not be used towards the cost of the child’s care as established by the department.
[ARC 2885C, IAB 1/4/17, effective 3/1/17]
441—156.16(234) Trust funds and investments.
	156.16(1) When the child is a beneficiary of a trust and the proceeds therefrom are not currently available, or are not sufficient to meet the child’s needs, the worker shall assist the child in having a petition presented to the court requesting release of funds to help meet current requirements. When the child and responsible adult cooperate in necessary action to obtain a ruling of the court, income shall not be considered available until the decision of the court has been rendered and implemented. When the child and responsible adult do not cooperate in the action necessary to obtain a ruling of the court, the trust fund or investments shall be considered as available to meet the child’s needs immediately. When the child or responsible adult does not cooperate within 90 days in making the income available the maintenance payment shall be terminated.
	156.16(2) The Iowa department of human services shall be payee for income from any trust funds or investments unless limited by the trust.
	156.16(3) Savings accounts from any income and proceeds from the liquidation of securities shall be placed in the child’s account maintained by the department and any amount in excess of $1,500 shall be applied towards cost of the child’s maintenance.
This rule is intended to implement Iowa Code section 234.39.
441—156.17(234) Preadoptive homes. Payment for a foster child placed in a preadoptive home shall be limited to the amount negotiated pursuant to rule 441—201.5(600) and shall not exceed the foster care maintenance amount paid in family foster care.
This rule is intended to implement Iowa Code section 234.38.
[ARC 8010B, IAB 7/29/09, effective 10/1/09]
441—156.18(237) Foster parent training expenses. Rescinded IAB 7/29/09, effective 10/1/09.
441—156.19(237) Rate of payment for care in a residential care facility. Rescinded ARC 2885C, IAB 1/4/17, effective 3/1/17.
441—156.20(234) Eligibility for foster care payment.
	156.20(1) Client eligibility. Foster care payment shall be limited to the following populations.
	a. 	Youth under the age of 18 shall be eligible based on legal status, subject to certain limitations.
	(1)	Legal status. The youth’s placement shall be based on one of the following legal statuses:
	1.	The court has ordered foster care placement pursuant to Iowa Code section 232.52(2)“d,” 232.102(1), 232.117, or 232.182(5).
	2.	The child is placed in shelter care pursuant to Iowa Code section 232.20(1) or 232.21.
	3.	The department has agreed to provide foster care under a voluntary placement agreement pursuant to rule 441—202.3(234).
	(2)	Limitations. Department payment for group care shall be limited to placements that have been authorized by the department and that conform to the service area group care plan developed pursuant to rule 441—202.17(232). Payment for an out-of-state group care placement shall be limited to placements approved pursuant to 441—subrule 202.8(2).
	b. 	Youth aged 18 and older who meet the definition of child in rule 441—202.1(234) shall be eligible based on age, a voluntary placement agreement pursuant to 441—subrule 202.3(3), and type of placement.
	(1)	Except as provided in subparagraph 156.20(1)“b”(3), payment for a child who is 18 years of age shall be limited to family foster care or supervised apartment living.
	(2)	Except as provided in subparagraph 156.20(1)“b”(3), payment for a child who is 19 years of age shall be limited to supervised apartment living.
	(3)	Exceptions. An exception to subparagraphs (1) and (2) shall be granted for all unaccompanied refugee minors. The child’s eligibility for the exception shall be documented in the case record. The service area manager or designee shall grant an exception for other children when the child meets all of the following criteria.
	1.	The child does not have an intellectual disability. Funding for services for persons with an intellectual disability is the responsibility of the county or state pursuant to Iowa Code section 222.60.
	2.	The child is at imminent risk of becoming homeless or of failing to graduate from high school or obtain a general equivalency diploma. “At imminent risk of becoming homeless” shall mean that a less restrictive living arrangement is not available.
	3.	The placement is in the child’s best interests.
	4.	Funds are available in the service area’s allocation. When the service area manager has approved payment for foster care pursuant to this subparagraph, funds that may be necessary to provide payment for the time period of the exception, not to exceed the current fiscal year, shall be considered encumbered and no longer available. Each service area’s funding allocation shall be based on the service area’s portion of the total number of children in foster care on March 31 preceding the beginning of the fiscal year, who would no longer be eligible for foster care during the fiscal year due to age, excluding unaccompanied refugee minors.
	c. 	A young mother shall be eligible for the extra payment for her young child living with her in care as set forth in paragraph 156.6(4)“a” and subrule 156.9(4) if all of the following apply:
	(1)	The mother is placed in foster care.
	(2)	The mother’s custodian determines, as documented in the mother’s case permanency plan, that it is in her best interest and the best interest of the young child that the child remain with her.
	(3)	A placement is available.
	(4)	The mother agrees to refund to the department any child support payments she receives on behalf of the child and to allow the department to be made payee for any other unearned income for the child.
	156.20(2) Provider eligibility for payment. Providers of foster care services shall have a foster care services contract under 441—Chapter 152 in force.
This rule is intended to implement Iowa Code sections 232.143, 234.35 and 234.38.
[ARC 8010B, IAB 7/29/09, effective 10/1/09; ARC 2885C, IAB 1/4/17, effective 3/1/17]
[Filed 7/1/74; amended 9/4/74]
[Filed emergency 10/31/75—published 11/17/75, effective 11/1/75]
[Filed 12/23/75, Notice 11/17/75—published 1/12/76, effective 2/16/76]
[Filed 2/19/76, Notice 1/12/76—published 3/8/76, effective 4/12/76]
[Filed emergency 7/29/76—published 8/23/76, effective 9/1/76]
[Filed 10/7/76, Notice 8/23/76—published 11/3/76, effective 12/8/76]
[Filed 6/10/77, Notice 5/4/77—published 6/29/77, effective 8/3/77]
[Filed 5/24/78, Notice 3/22/78—published 6/14/78, effective 7/19/78]
[Filed emergency 7/28/78—published 8/23/78, effective 8/1/78]
[Filed emergency 6/26/79—published 7/25/79, effective 7/1/79]
[Filed emergency 6/30/80—published 7/23/80, effective 7/1/80]
[Filed 10/24/80, Notice 9/3/80—published 11/12/80, effective 12/17/80]
[Filed emergency 6/30/81—published 7/22/81, effective 7/1/81]
[Filed 6/30/81, Notice 4/29/81—published 7/22/81, effective 9/1/81]
[Filed emergency 8/20/82—published 9/15/82, effective 9/1/82]
[Filed 2/25/83, Notice 12/22/82—published 3/16/83, effective 5/1/83]
[Filed emergency after Notice 6/17/83—published 7/6/83, effective 7/1/83]
[Filed emergency 6/17/83—published 7/6/83, effective 7/1/83]
[Filed emergency 10/7/83—published 10/26/83, effective 11/1/83]
[Filed without Notice 10/7/83—published 10/26/83, effective 12/1/83]
[Filed 11/18/83, Notice 10/12/83—published 12/7/83, effective 2/1/84]
[Filed emergency 2/10/84—published 2/29/84, effective 2/10/84]
[Filed emergency 6/15/84—published 7/4/84, effective 7/1/84]
[Filed 6/15/84, Notice 5/9/84—published 7/4/84, effective 9/1/84]
[Filed emergency 8/31/84—published 9/26/84, effective 10/1/84]
[Filed emergency 11/16/84—published 12/5/84, effective 12/1/84]
[Filed 1/21/85, Notice 12/5/84—published 2/13/85, effective 4/1/85]
[Filed 4/29/85, Notice 2/27/85—published 5/22/85, effective 7/1/85]
[Filed emergency 6/14/85—published 7/3/85, effective 7/1/85]
[Filed emergency 10/1/85—published 10/23/85, effective 11/1/85]
[Filed without Notice 10/1/85—published 10/23/85, effective 12/1/85]
[Filed 12/2/85, Notice 10/23/85—published 12/18/85, effective 2/1/86]
[Filed 12/12/85, Notice 10/9/85—published 1/1/86, effective 3/1/86]
[Filed emergency 6/26/86—published 7/16/86, effective 7/1/86]
[Filed emergency 1/15/87—published 2/11/87, effective 1/15/87]
[Filed emergency 6/19/87—published 7/15/87, effective 7/1/87]◊
[Filed 8/28/87, Notice 7/15/87—published 9/23/87, effective 11/1/87]◊
[Filed emergency 9/21/87—published 10/21/87, effective 9/22/87]
[Filed 10/23/87, Notice 7/15/87—published 11/18/87, effective 1/1/88]
[Filed 12/10/87, Notice 10/21/87—published 12/30/87, effective 3/1/88]
[Filed emergency 6/9/88—published 6/29/88, effective 7/1/88]
[Filed 4/13/89, Notice 1/11/89—published 5/3/89, effective 7/1/89]
[Filed emergency 6/9/89—published 6/28/89, effective 7/1/89]
[Filed 7/13/89, Notice 5/31/89—published 8/9/89, effective 10/1/89]
[Filed 7/14/89, Notice 4/19/89—published 8/9/89, effective 10/1/89]
[Filed 8/17/89, Notice 6/28/89—published 9/6/89, effective 11/1/89]
[Filed emergency 6/20/90—published 7/11/90, effective 7/1/90]
[Filed 8/16/90, Notice 7/11/90—published 9/5/90, effective 11/1/90]
[Filed 10/12/90, Notice 7/11/90—published 10/31/90, effective 1/1/91]
[Filed 11/15/91, Notice 9/18/91—published 12/11/91, effective 2/1/92]
[Filed 12/11/91, Notice 10/16/91—published 1/8/92, effective 3/1/92]1
[Filed emergency 4/15/92—published 5/13/92, effective 4/16/92]
[Filed emergency 6/12/92—published 7/8/92, effective 7/1/92]
[Filed 8/14/92, Notice 7/8/92—published 9/2/92, effective 11/1/92]
[Filed 5/14/93, Notice 3/17/93—published 6/9/93, effective 8/1/93]
[Filed emergency 6/11/93—published 7/7/93, effective 7/1/93]
[Filed without Notice 8/12/93—published 9/1/93, effective 11/1/93]
[Filed 8/12/93, Notice 2/17/93—published 9/1/93, effective 11/1/93]
[Filed 9/17/93, Notice 7/21/93—published 10/13/93, effective 1/1/94]
[Filed emergency 10/14/93—published 11/10/93, effective 11/1/93]
[Filed 11/12/93, Notice 9/15/93—published 12/8/93, effective 2/1/94]
[Filed 12/16/93, Notices 10/13/93, 11/10/93—published 1/5/94, effective 3/1/94]
[Filed emergency 5/11/94 after Notice 3/16/94—published 6/8/94, effective 6/1/94]
[Filed emergency 6/16/94—published 7/6/94, effective 7/1/94]
[Filed 8/12/94, Notice 7/6/94—published 8/31/94, effective 11/1/94]
[Filed emergency 12/15/94—published 1/4/95, effective 2/1/95]
[Filed 12/15/94, Notice 10/26/94—published 1/4/95, effective 3/1/95]
[Filed 2/16/95, Notice 1/4/95—published 3/15/95, effective 5/1/95]
[Filed 3/20/95, Notice 1/18/95—published 4/12/95, effective 6/1/95]
[Filed 4/13/95, Notices 2/15/95, 3/1/95—published 5/10/95, effective 7/1/95]
[Filed emergency 6/7/95—published 7/5/95, effective 7/1/95]
[Filed emergency 7/12/95—published 8/2/95, effective 9/1/95]
[Filed 8/10/95, Notice 7/5/95—published 8/30/95, effective 11/1/95]
[Filed 9/25/95, Notice 8/2/95—published 10/11/95, effective 12/1/95]
[Filed 2/14/96, Notice 12/20/95—published 3/13/96, effective 5/1/96]
[Filed emergency 6/13/96—published 7/3/96, effective 7/1/96]
[Filed emergency 6/13/96—published 7/3/96, effective 8/1/96]
[Filed 8/15/96, Notices 6/19/96, 7/3/96—published 9/11/96, effective 11/1/96]
[Filed 9/17/96, Notice 7/17/96—published 10/9/96, effective 12/1/96]
[Filed emergency 6/12/97—published 7/2/97, effective 7/1/97]
[Filed 8/13/97, Notice 7/2/97—published 9/10/97, effective 11/1/97]
[Filed 10/15/97, Notice 7/30/97—published 11/5/97, effective 1/1/98]
[Filed emergency 6/10/98—published 7/1/98, effective 7/1/98]
[Filed without Notice 6/10/98—published 7/1/98, effective 8/15/98]
[Filed 8/12/98, Notice 7/1/98—published 9/9/98, effective 11/1/98]
[Filed emergency 10/14/98 after Notice 8/26/98—published 11/4/98, effective 11/1/98]
[Filed emergency 6/10/99—published 6/30/99, effective 7/1/99]
[Filed 7/15/99, Notice 6/2/99—published 8/11/99, effective 10/1/99]
[Filed 8/12/99, Notice 6/30/99—published 9/8/99, effective 11/1/99]
[Filed emergency 10/13/99 after Notice 8/25/99—published 11/3/99, effective 11/1/99]
[Filed emergency 6/8/00—published 6/28/00, effective 7/1/00]
[Filed 8/9/00, Notice 6/14/00—published 9/6/00, effective 11/1/00]
[Filed 1/10/01, Notice 11/15/00—published 2/7/01, effective 4/1/01]
[Filed emergency 6/13/01—published 7/11/01, effective 7/1/01]
[Filed 9/11/01, Notice 7/11/01—published 10/3/01, effective 12/1/01]
[Filed 11/18/02, Notice 8/21/02—published 12/11/02, effective 2/1/03]
[Filed 3/11/04, Notice 1/21/04—published 3/31/04, effective 6/1/04]
[Filed emergency 6/17/05—published 7/6/05, effective 7/1/05]
[Filed 10/21/05, Notice 7/6/05—published 11/9/05, effective 12/14/05]
[Filed emergency 6/16/06—published 7/5/06, effective 7/1/06]◊
[Filed 9/19/06, Notices 7/5/06—published 10/11/06, effective 11/16/06]
[Filed emergency 10/12/06—published 11/8/06, effective 11/1/06]
[Filed emergency 12/13/06 after Notice 11/8/06—published 1/3/07, effective 1/1/07]
[Filed 3/14/07, Notice 8/30/06—published 4/11/07, effective 7/1/07]
[Filed emergency 6/13/07—published 7/4/07, effective 7/1/07]
[Filed 9/12/07, Notice 7/4/07—published 10/10/07, effective 11/14/07]
[Filed emergency 6/12/08—published 7/2/08, effective 7/1/08]
[Filed 8/19/08, Notice 7/2/08—published 9/10/08, effective 10/15/08]
[Filed ARC 7606B (Notice ARC 7372B, IAB 12/3/08), IAB 3/11/09, effective 5/1/09]
[Filed ARC 7741B (Notice ARC 7526B, IAB 1/28/09), IAB 5/6/09, effective 7/1/09]
[Filed ARC 8010B (Notice ARC 7712B, IAB 4/8/09), IAB 7/29/09, effective 10/1/09]
[Filed Emergency ARC 8451B, IAB 1/13/10, effective 1/1/10]
[Filed ARC 8653B (Notice ARC 8452B, IAB 1/13/10), IAB 4/7/10, effective 5/12/10]
[Filed ARC 8715B (Notice ARC 8490B, IAB 1/27/10), IAB 5/5/10, effective 7/1/10]
[Filed Emergency ARC 8904B, IAB 6/30/10, effective 7/1/10]
[Filed ARC 9778B (Notice ARC 9625B, IAB 7/27/11), IAB 10/5/11, effective 11/9/11]
[Filed Emergency ARC 0240C, IAB 8/8/12, effective 7/11/12]
[Filed ARC 0419C (Notice ARC 0241C, IAB 8/8/12), IAB 10/31/12, effective 12/5/12]
[Filed Emergency ARC 0858C, IAB 7/24/13, effective 7/1/13]
[Filed Emergency ARC 0856C, IAB 7/24/13, effective 7/1/13]
[Filed ARC 1061C (Notice ARC 0857C, IAB 7/24/13), IAB 10/2/13, effective 11/6/13]
[Filed ARC 1062C (Notice ARC 0855C, IAB 7/24/13), IAB 10/2/13, effective 11/6/13]
[Filed Emergency ARC 1523C, IAB 7/9/14, effective 7/1/14]
[Filed ARC 1607C (Notice ARC 1522C, IAB 7/9/14), IAB 9/3/14, effective 10/8/14]
[Filed ARC 2885C (Notice ARC 2771C, IAB 10/12/16), IAB 1/4/17, effective 3/1/17]
◊	Two or more ARCs
1	Effective date of 3/1/92 delayed until adjournment of the 1992 General Assembly by the Administrative Rules Review Committee at its meeting held February 3, 1992.