441—110.7 (234) Registration decision. The department shall issue Form 470-3498, Certificate of Registration, when an applicant meets all requirements for registration. Each local office of the department shall maintain a current list of registered child development homes as a referral service to the community.
	 110.7(1) Registration shall be denied or revoked if the department finds a hazard to the safety and well-being of a child and the provider cannot correct or refuses to correct the hazard, even though the hazard may not have been specifically listed under the health and safety rules. Registration may also be denied or revoked if the department determines that the provider has failed to comply with standards imposed by law and these rules.
	 110.7(2) Record shall be kept in an open file of all denials or revocations of registration and the documentation of reasons for denying or revoking the registration.
	 110.7(3) Record checks. The department shall submit record checks in Iowa for each registrant, substitute, and staff member, and for anyone living in the home who is 14 years of age or older and anyone having access to a child when the child is alone. The purpose of these record checks is to determine whether the person has committed a transgression. The department may use Form 470-0643, Request for Child Abuse Information, and Form 595-1396, DHS Criminal History Record Check, Form B, or any other form required for criminal and child abuse record checks. The department may also conduct criminal and child abuse record checks in other states and may conduct dependent adult abuse, sex offender registry, and other public or civil offense record checks in Iowa or in other states.
	  a.   	 Mandatory prohibition. A person with the following convictions or founded abuse reports is prohibited from involvement with child care:
	 (1) 	 Founded child or dependent adult abuse that was determined to be sexual abuse.
	 (2) 	 Placement on the sex offender registry.
	 (3) 	 Felony child endangerment or neglect or abandonment of a dependent person.
	 (4) 	 Felony domestic abuse.
	 (5) 	 Felony crime against a child including, but not limited to, sexual exploitation of a minor.
	 (6) 	 Forcible felony.
	  b.   	 Mandatory time-limited prohibition.
	 (1) 	 A person with the following convictions or founded abuse reports is prohibited from involvement with child care for five years from the date of the conviction or founded abuse report:
	  1. 	 Conviction of a controlled substance offense under Iowa Code chapter 124.
	  2. 	 Founded child abuse that was determined to be physical abuse.
	 (2) 	 After the five-year prohibition period from the date of the conviction or the founded abuse report as defined in subparagraph 110.7(3)“b”(1), the person may request the department to perform an evaluation under paragraph 110.7(3)“c” to determine whether prohibition of the person’s involvement with child care continues to be warranted.
	  c.   	 Evaluation required. For all other transgressions, the department shall deny or revoke the registration, unless an evaluation of the transgression determines that the transgression does not warrant prohibition of involvement with child care.
	 (1) 	 In an evaluation, the department shall consider all of the following factors:
	  1. 	 The nature and seriousness of the transgression.
	  2. 	 The time elapsed since the transgression.
	  3. 	 The circumstances under which the transgression was committed.
	  4. 	 The degree of rehabilitation.
	  5. 	 The likelihood that the person will commit the transgression again.
	  6. 	 The number of transgressions committed by the person.
	 (2) 	 The person with the transgression shall complete and return Form 470-2310, Record Check Evaluation, to be used to assist in the evaluation. Failure of the person to complete and return the form within ten calendar days of the date on the form shall result in denial or revocation of the registration certificate.
	 (3) 	 The department may use information from the department’s case records in performing the evaluation.
	 (4) 	 When a person subject to a record check has a transgression that has been determined in a previous evaluation not to warrant prohibition of the person’s involvement with child care and has no subsequent transgressions, an exemption from reevaluation of the latest record check is authorized. The person may commence employment with another child care facility in accordance with the department’s previous evaluation. The exemption is subject to all of the following conditions:
	  1. 	 The position with the subsequent employer is substantially the same or has the same job responsibilities as the position for which the previous evaluation was performed.
	  2. 	 Any restrictions placed on the person’s employment by the department in the previous evaluation shall remain applicable in the person’s subsequent employment.
	  3. 	 The person subject to the record check has maintained a copy of the previous evaluation and provides the evaluation to the subsequent employer or the previous employer provides to the subsequent employer the previous evaluation from the person’s personnel file pursuant to the person’s authorization. If a physical copy of the previous evaluation is not provided to the subsequent employer, the record check shall be reevaluated.
	  4. 	 The subsequent employer may request a reevaluation of the record check and may employ the person while the reevaluation is being performed.
	  d.   	 Evaluation decision. The department has final authority in determining whether prohibition of the person’s involvement with child care is warranted and in developing any conditional requirements and a corrective action plan. The evaluation and decision shall be made by the service area manager or designee.
	 (1) 	 Within 30 days of receipt of the completed Form 470-2310, the department shall mail to the person subject to an evaluation and to the registrant for an employee of the registrant Form 470-2386, Record Check Decision, that explains the decision reached regarding the evaluation of the transgression. The department shall also issue Form 470-2386 when the person subject to an evaluation fails to complete the evaluation form within the ten-calendar-day time frame.
	 (2) 	 If the department determines, through the record check evaluation, that the person’s prohibition of involvement with child care is warranted, the person shall be prohibited from involvement with child care.
	 (3) 	 The department may permit a person who is evaluated to be involved with child care if the person complies with the department’s conditions relating to the person’s involvement with child care, which may include completion of additional training. For an employee of a registrant, these conditional requirements shall be developed with the registrant.
	 110.7(4) Letter of revocation. A letter received by an owner or operator of a child development home initiating action to deny or revoke the home’s registration shall be conspicuously posted where it can be read by parents or any member of the public. The letter shall remain posted until resolution of the action to deny or revoke an owner’s or operator’s certificate of registration.
	 110.7(5) If the department has denied or revoked a registration because the provider has continually or repeatedly failed to operate in compliance with Iowa Code chapter 237A and 441—Chapter 110, the person shall not own or operate a registered facility for a period of 12 months from the date of denial or revocation. The department shall not act on an application for registration submitted by the applicant or provider during the 12-month period. The applicant shall be prohibited from involvement with child care unless the department specifically permits the involvement.
[ARC 0418C, IAB 10/31/12, effective 1/1/13]