441—108.4(238) Staff qualifications.
	108.4(1) Qualifications for all staff. A child-placing agency employee or volunteer shall be emotionally stable and have the experience and education to perform the duties assigned. The agency shall not employ any person or give any person direct volunteer responsibility for a child or access to a child when the child is alone if that person has been convicted of a crime involving the mistreatment or exploitation of a child or dependent adult. The agency shall not employ any person or give any person direct volunteer responsibility for a child or access to a child when the child is alone if that person has a record of a criminal conviction or founded child or dependent adult abuse report unless the department has evaluated the crime or abuse and determined that the crime or abuse does not merit prohibition of volunteering or employment. If the child-placing agency is out of state, the agency shall complete that state’s child or dependent adult abuse record check and a criminal record check.
	a. 	If a record of criminal conviction or founded child or dependent adult abuse exists, the person shall be offered the opportunity to complete and submit Form 470-2310.
	b. 	In its evaluation, the department shall consider:
	(1)	The nature and seriousness of the crime or founded abuse in relation to the employment or volunteer position sought;
	(2)	The time elapsed since the commission of the crime or founded abuse;
	(3)	The circumstances under which the crime or founded abuse was committed;
	(4)	The degree of rehabilitation;
	(5)	The likelihood that the person will commit the crime or founded abuse again; and
	(6)	The number of crimes or founded abuses committed by the person involved.
	c. 	The agency shall maintain the following information with respect to each staff person:
	(1)	Documentation that a criminal record check with the Iowa division of criminal investigation has been completed on the staff person prior to the staff person’s providing any care or service directly or indirectly to children under the care of the agency. A copy of the department’s evaluation of the criminal record check shall be kept in the staff record.
	(2)	A written, signed and dated statement furnished by the staff person which discloses any founded reports of child or dependent adult abuse on the person that may exist prior to the staff person’s providing any care or services to or on behalf of the facility.
	(3)	Documentation that a child or dependent adult abuse record check of the staff person has been completed with the Iowa central abuse registry for any founded reports of child or dependent adult abuse prior to the staff person’s providing any care or services directly or indirectly to children under the care of the agency. A copy of the department’s evaluation of this child or dependent adult abuse record check shall be kept in the staff record.
	108.4(2) Contracted employees. A child-placing agency which contracts for services shall ensure that contracted employees meet the same qualifications, training, and evaluation requirements as those of workers in employed positions. A child-placing agency is responsible for the services provided by contracted providers as well as volunteers and agency employees.
	108.4(3) Qualifications of administrator. An agency administrator shall possess one of the following:
	a. 	A master’s degree in social work, sociology, psychology, guidance and counseling, a related area of human services, education, business administration, or public administration and two years of experience in a public or private social services agency.
	b. 	A bachelor’s degree in social work, sociology, psychology, guidance and counseling, a related area of human services, education, business administration, or public administration and four years of experience in a public or private social services agency.
	108.4(4) Caseworker qualifications. Therapy and counseling services, psychosocial evaluation and assessment and care plan development shall be provided by staff who meet one of the following minimum education and experience criteria:
	a. 	Graduation from an accredited four-year college or university and the equivalent of three years of full-time experience in social work or experience in the delivery of human services in a public or private agency. In addition, these individuals shall have been employed by the agency prior to September 1, 1993. Persons meeting this criterion will not be qualified to provide therapy and counseling if they change place of employment.
	b. 	Graduation from an accredited four-year college, institute or university with a bachelor’s degree in social work from a program accredited by the council on social work education.
	c. 	Graduation from an accredited four-year college or university with a bachelor’s degree in a human service field related to social work, psychology, or a related behavioral science or in education and the equivalent of one year of full-time experience in social work or experience in the delivery of human services in a public or private agency.
	d. 	Graduation from an accredited four-year college or university with a master’s degree in social work or related human service field.
	e. 	Any equivalent combination of graduate education in the social or behavioral sciences from an accredited four-year college or university and qualifying experience up to a maximum of 30 semester hours for one year of the required experience.
	108.4(5) Person filling more than one position. A person functioning in more than one position specified by these rules shall meet the requirements for each of the positions the person fills.
[ARC 3185C, IAB 7/5/17, effective 9/1/17; ARC 6960C, IAB 4/5/23, effective 6/1/23]