441—108.2(238) Licensing procedure.
	108.2(1) Right to apply. Any person or agency has the right to make application for a child-placing license. When applying for a child-placing license, the applicant shall indicate the services for which licensure is being requested.
	108.2(2) Application. An agency or person applying for a license shall complete Form 470-0723, Application for License or Certificate of Approval. The application shall be completed and signed by the administrator or the appropriate officer and submitted to the department.
	a. 	The applicant shall report withdrawal of an application to the department within 30 days of the withdrawal decision.
	b. 	Each application shall be evaluated by the department to ensure that all requirements are met.
	c. 	The applicant shall provide requested reports and information relevant to the licensing determination to the department.
	108.2(3) Applications for renewal. Applications for renewal shall be made to the department at least 30 but no more than 90 days before expiration of the license.
	108.2(4) Notification. Agencies shall be notified of approval or denial within 90 days of application or reapplication.
	108.2(5) Certificate of license. The department shall issue or renew Form 470-3623, Certificate of License, every three years, without cost, to any child-placing agency which meets the minimum requirements applicable to child-placing agencies as defined by Iowa Code chapter 238 and this chapter. The license shall be posted in a conspicuous place on the licensed premises.
	108.2(6) Provisional license. A provisional license may be issued to an agency which does not meet all licensing requirements when the failure to meet all licensing requirements does not pose a danger to the health, safety, or well-being of the children being served. It is issued until the agency meets all requirements, up to a maximum time period of one year. A provisional license is issued when the applicant has signed a written statement which includes the following:
	a. 	The deficiencies necessitating the provisional license, including the specific requirements which are not met.
	b. 	A plan for correcting the deficiencies.
	c. 	The date by which the requirements will be met.
	108.2(7) Suspension of a license. The suspension of a child-placing license prohibits the agency from engaging in any child-placing activities during the period of the suspension. The department shall suspend a license when the agency’s failure to meet the requirements poses a danger to the health, safety, or well-being of the children being served. The suspension of a license shall not extend beyond 12 months, and the existence of the condition requiring suspension shall be corrected within a year and documented in the agency’s record.
The agency shall submit a written statement for approval by the department. The statement shall include the following:
	a. 	The deficiencies necessitating the suspended license, including the specific requirements which are not met.
	b. 	A plan for correcting the deficiencies.
	c. 	The date by which the requirements will be met.
	108.2(8) Completed corrective action. When the corrective action plan is completed on or before the date specified on the provisional license or notice of suspension, a full license shall be issued for the remainder of the licensing period.
	108.2(9) Denial or revocation of a license. The department shall deny an application or reapplication for a license or revoke a license when the applicant fails to meet the licensing requirements or when any of the following conditions exist:
	a. 	The agency is operating without due regard to the health, safety, and well-being of the children being served.
	b. 	A provisional license is not approved.
	c. 	The recipient of a provisional license fails to complete the corrective action plan within the time allowed.
	d. 	An agency with a suspended license fails to complete the corrective action plan on time and a provisional license is not appropriate.
	e. 	The agency misuses public funds.
	f. 	The agency refuses to cooperate with child protective assessments involving children placed by the agency.
	g. 	The agency continuously and significantly violates licensing requirements.
	108.2(10) Method and content of notice. The notice of denial, revocation, or suspension shall be sent by restricted certified mail and shall include the following:
	a. 	A specific description of the condition requiring the suspension, denial or revocation.
	b. 	The specific laws or rules violated.
	c. 	The effective date of denial, revocation or suspension.
	108.2(11) Right to appeal. Any agency which disagrees with the department’s licensing decision may appeal to the department. The appeal shall be filed within 30 days of receipt of the licensing decision.
[ARC 5361C, IAB 12/30/20, effective 3/1/21]