CHAPTER 108LICENSING AND REGULATION OF CHILD-PLACING AGENCIES[Prior to 7/1/83, Social Services [770] Ch 108][Prior to 2/11/87, Human Services [498]]PreambleThis chapter establishes licensing procedures for all child-placing agencies authorized by Iowa Code chapter 238. Included in this chapter are rules relating to: the licensing process; administration and organization; foster care services; adoption services; and supervised apartment living services.441108.1(238) Definitions.
"Administrator" means the person who is designated to have day-to-day responsibility for the administration of a child-placing agency, and who ensures that the mission of the agency and laws relating to the welfare and protection of children are carried out.
"Adoption work experience" means supervised employment in adoption services, which includes direct provision of adoption services, development of adoption policies, provision of training related to adoption services, oversight and review of adoption documents and activities, and direct supervision of adoption workers. Only the percent of time related to provision of adoption services shall be considered as adoption work experience when job duties involve activities other than adoption services.
"Adoptive applicant" means the person who has requested approval for placement of a child for adoption from a licensed child-placing agency.
"Adoptive family" means an approved person or persons who have a child placed in their home for the purpose of adoption and are being supervised by the agency or who have a child in their home who has been legally adopted and is entitled to the same benefits as a child born to the parents.
"Approved living arrangement" means that the living situation shall be located so as to provide reasonably convenient access to schools, places of employment, or services required by the youth, comply with applicable state and local zoning, fire, and sanitary regulations, and be reasonably priced so as to fit within the youth’s budget.
"Caseworker" means the person who works directly with children, their families, and other relevant individuals and who has primary responsibility for the development, implementation, and review of the agency’s service plans for the child and parents; or who completes foster care or adoptive family home studies or supervises foster family or adoptive placements; or who supervises children placed in approved supervised apartment living arrangements.
"Child" shall mean the same as defined by Iowa Code section 234.1.
"Child-placing agency" means an agency organized within the state of Iowa for the purpose of receiving minor children for placement, supervision, or both in private family homes for foster care; or for adoption; or the placement, supervision, or both of children who are 16 years of age and older living in approved supervised apartment living placements.
"Department" means the department of human services.
"Parent" means custodial and noncustodial parent.
"Safety-related information" means information that indicates whether the child has behaved in a manner that threatened the safety of another person, has committed a violent act causing bodily injury to another person, or has been a victim or perpetrator of sexual abuse.
"Sibling" means two or more persons having at least one common parent.
"Supervised apartment living placement" means the placement of a child who is at least 16 years of age in an approved living arrangement which provides an environment in which the child can experience living in the community with minimum supervision.
"Volunteer" means any nonpaid person who donates time to an agency, either in working with an individual or groups of clients. A volunteer may also be a student intern.
Related ARC(s): 1754C441108.2(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.Related ARC(s): 5361C441108.3(238) Administration and organization. 108.3(1) Statement of purpose. The agency shall have a written statement of its child-placing philosophy, purpose, and program. The statement shall contain a description of services and methods for service delivery and a description of the persons for whom the services will be provided. The statement shall be available to the public. 108.3(2) Governing board. The agency shall have a governing board which, together with the executive, shall be responsible for making policy and for financing and general management of the agency. The governing board may be either the board of directors or the owners of the agency. If the governing board is a board of directors, the following rules shall apply: a. The agency shall provide for continuity of board membership. b. The board shall meet regularly for the purpose of ensuring the proper operation of the agency and fulfilling its responsibilities. c. The minutes of each meeting of the board shall be kept and made a part of the permanent record of the agency. 108.3(3) Annual report. A child-placing agency shall require the administrator to submit a written annual report of the agency’s activities. The report shall include fiscal and statistical sections indicating receipts and disbursements, number of clients served, and programs. The annual report shall be available to the department. 108.3(4) Table of organization. A table of organization, including the identification of lines of responsibility and authority for policy making and service to clients, shall be available to agency staff and to the department. 108.3(5) Finances. The licensee shall: a. Annually develop and implement a plan of financing which is necessary for the operation of the agency in carrying out its programs, ensuring proper care for children, and meeting requirements for licensing. b. Annually provide either an audit or a detailed financial statement prepared by an independent fiscal agency that provides a review of receipts and disbursements and a statement of fund balances. c. Retain fiscal records for five years. 108.3(6) Employment of administrator. The agency shall employ a qualified administrator and shall delegate to the administrator the responsibility for the administration of the agency. The administrator shall ensure that the mission of the agency and laws relating to the welfare and protection of children are carried out. 108.3(7) Office space, equipment and supplies. The agency shall provide and maintain sufficient office space, equipment, and supplies to ensure delivery of services.441108.4(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. 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 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 abuse record check and a criminal record check. a. If a record of criminal conviction or founded child abuse exists, the person shall be offered the opportunity to complete and submit Iowa’s Record Check Evaluation form. 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; and (5) 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 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 abuse record check of the staff person has been completed with the Iowa central abuse registry for any founded reports of child 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 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 and the equivalent of two years 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.Related ARC(s): 3185C441108.5(238) Staffing requirements. 108.5(1) Number of staff. The agency shall employ a sufficient number of competent staff to perform duties as required by licensing rules for those programs operated by the agency. This shall include the following: a. Administration of services offered by the agency. b. Selection and appointment of qualified staff. c. Provision for staff training. 108.5(2) Staffing caseload. The agency shall develop a written policy regarding a staffing ratio based on the workload necessary to provide services in accordance with the agency’s program statements. The staffing ratio shall take into consideration all of the following: a. Qualifications of the caseworkers. b. Types of children served and their special needs. c. Types and intensity of services to be provided. d. Distances involved in provision of services. e. Other functions or responsibilities of the caseworkers.441108.6(238) Personnel administration. 108.6(1) Personnel policies. An agency shall develop personnel policies in writing that identify responsibilities of the organization and staff. The policies shall specify hours of work, grievance procedures, sick leave, vacation and all other benefits. A copy of the policies shall be made available to the employee at time of hire. 108.6(2) Job description and evaluation. There shall be a written job description for each employee, volunteer, and contracted position identifying duties, qualifications, education, training requirements, and lines of authority. A copy shall be made available to the employees, volunteers, and contracted workers. There shall be a written evaluation of an employee’s or contracted worker’s performance within six months of being hired or contracted, and annually thereafter. 108.6(3) Staff training. An agency shall provide orientation training on the agency’s purpose, policies and procedures within one month of hire and 24 hours of training in the first year of employment for all employed and contracted casework staff. The 24 hours of training shall include: training on family foster care services, adoption services, supervised apartment living services, or children and families’ mental health topics, and 2 hours of training related to the identification and reporting of child abuse for all employed or contracted casework staff in accordance with Iowa Code section 232.69. An agency shall provide 12 hours of training per year after the first year of employment for all employed or contracted casework staff. The 12 hours of training shall include: training on family foster care services, adoption services, supervised apartment living services, or children and families’ mental health topics and child abuse training every three years in accordance with Iowa Code section 232.69.The training formats that shall qualify as training are as follows: in-service training, seminars, conferences, workshops, institutes, visiting other facilities, and meeting with consultants.The training provided shall be documented. The documentation shall include the training topic, format, date and number of hours. 108.6(4) Volunteers. An agency which utilizes volunteer or student intern staff to work directly with a particular child or group of children shall have a written plan for using these volunteers. This plan shall be given to all volunteer staff and shall indicate that all volunteers are: a. To be supervised directly by a paid staff member. b. To be trained and oriented in the philosophy of the agency, the needs of the clients being served, and the methods of meeting these needs. c. To be subject to the character and reference disclosure and checks required of employed and contracted applicants and employees. d. To be subject to the same confidentiality rules as paid or contracted staff. e. To assist and supplement paid staff only, and not replace them. 108.6(5) Personnel records. A confidential personnel record shall be maintained for each employee, contracted agent, and volunteer. The record shall contain all of the following information: a. Name and address. b. Record of training sessions attended, including dates and content of training. c. Record of criminal convictions and the department’s evaluation of same. d. Record of founded child abuse reports and the department’s evaluation of same.Related ARC(s): 5361C441108.7(238) Foster care services. 108.7(1) Program statement. An agency authorized to place children in foster care shall have a current written program statement. This statement shall be made available to all agency foster parents, foster children, their parents, referring agencies, and all persons making formal inquiry regarding foster care. The program statement shall include all of the following: a. Types of foster care provided. b. Types of children accepted for foster care. c. Types of services provided to the children, their families, and their foster families. d. Fees and application costs, if any. e. A statement informing applicants of the right to appeal the agency’s decision regarding nonapproval of the family for placement of a child for foster care. 108.7(2) Agency’s authorization to place. The agency shall obtain a signed placement agreement from the child’s custodial parent or legal custodian within 48 hours of placement. 108.7(3) Preplacement documentation. Except for emergency placements, a child shall be placed in the agency’s foster care program only after the agency determines that its foster care program is an appropriate resource. 108.7(4) Placement of siblings. Preference shall be given to placing children from the same family together. If this is not in the best interest of the child, the reasons shall be documented in the child’s record. 108.7(5) Consideration of racial and cultural identity. Race, color, or national origin may not be routinely considered in placement selections. Placement decisions shall be made consistent with the best interests and special needs of the child. 108.7(6) Placement preparation. An agency shall document the preparation for each child placed in foster care. Preparation shall be appropriate to the child’s age, individual needs, the circumstances requiring placement, and the special problems presented. Preparation activities shall, when possible, include: a. Face-to-face visits. b. A description provided to the child of the foster family. c. A description of the child’s strengths and needs and safety-related information provided to the foster family. Safety-related information shall be withheld only if: (1) Withholding the information is ordered by the court; or (2) The department or the agency developing the service plan determines that providing the information would be detrimental to the child or to the family with whom the child is living. d. Any other activities deemed significant. 108.7(7) Initial placement outline. If a placement outline is not in the child’s case permanency plan, a brief outline documenting all of the following shall be entered in the child’s case record within five working days after placement: a. Name, birthdate, sex, race, and other significant identifying information. b. Date of placement. c. Name and address of parents or legal guardian. d. Names and whereabouts of siblings. e. Religious preference. f. Immediate and significant health needs including the child’s physical and emotional state at the time of placement. g. The circumstances leading to the need for foster care. h. Known previous out-of-home placements. i. The immediate needs of the child and parents and services to be provided to meet these needs. j. The name, address, and telephone number of the referring agent or worker. 108.7(8) Education. Within ten school days of placement, provisions shall be made by the agency for enrollment of each child of school age into a school program. 108.7(9) Clothing. An agency shall make provisions for adequate and individualized clothing for each child admitted into foster care. 108.7(10) Monthly visit. Each child in care shall be personally visited by the assigned caseworker at least once a month. 108.7(11) Parent and child contact. Provisions for contact between parents and children shall be made except where the parental rights have been terminated or where the court has determined that visits or contact are detrimental to the child. a. If the mother is breastfeeding the child: (1) An assessment shall be made whether continuation of breastfeeding is in the best interest of the child; and (2) A plan shall be developed to support the mother’s breastfeeding efforts, if appropriate. b. The parents and child shall be informed of the contact plan in a manner consistent with their capacity to understand. 108.7(12) Health and dental program. An agency shall provide for a complete health and dental program for each child. An agency shall have a written procedure for handling medical emergencies on a 24-hour basis. A copy of the procedure shall be given to each foster home. a. The agency shall obtain written authorization from the parent or legal guardian to provide medical, psychiatric, dental, anesthesia, immunization, substance abuse evaluation, and emergency surgical treatment. Only the parent or legal guardian shall consent to nonemergency surgery, unless ordered by court. If the child’s parent prohibits medical examination, immunization, or treatment based on religious grounds, the agency shall obtain a signed statement from the parent that specifies the prohibitions. In potentially life-threatening situations, the agency shall refer the child’s care to appropriate medical and legal authorities. b. A child shall have a physical examination at least annually. This shall be performed by a licensed physician, physician’s assistant or licensed nurse practitioner. c. A child shall have current immunizations as required by the department of public health. If documentation of prior immunization is unavailable, immunizations shall begin within 30 days of placement, unless contraindicated and unless a statement from a physician to that effect is included in the child’s medical record. A statement from physician, referring agency, parent, or guardian indicating immunizations are current is sufficient documentation of immunizations. d. An agency shall provide for dental examinations and treatment; the initial referral at 12 months of age, the next at 24 months of age, then every 6 months. e. A health record shall be maintained for each child and shall include all of the following: (1) Authorization for medical care. (2) A medical history and copies of required physical examinations. (3) A record of medical and dental care, treatment and prescribed medication, immunizations, accidents requiring medical treatment, and hospitalizations. At the time of discharge from agency foster care, a summary of this record shall be provided to the legal custodian. Information about drug evaluation or treatment, venereal disease tests, HIV tests, and pregnancy tests shall be excluded. 108.7(13) Service plan development and review. The provider shall develop and revise service plans for each child in placement. An initial service plan shall be developed within 30 calendar days of placement in foster care. The provider shall identify qualified persons to monitor the services identified in the service plan to ensure that the plan continues to be necessary, appropriate, and addresses the permanency goal. Service plans shall be developed and reviewed as follows: a. The service plan shall be developed and revised in collaboration with the referral worker, child, family, and the foster parents unless the service plan contains documentation for the treatment rationale for the lack of involvement of one of these parties. The provider shall document the dates and content of the collaboration on the initial and revised service plans. The provider shall provide a copy of the initial and revised service plans to the child’s parent and the referring agency, unless otherwise ordered by the court. The initial and revised service plan shall identify the following: (1) Strengths and needs of the child and parents. (2) Goals, which are statements of outcomes to be achieved in meeting the needs of the child including the child’s permanency needs. (3) Objectives, which are specific, measurable and time-limited statements of indicators, levels of competence, or accomplishments which are necessary for progress toward each goal. (4) Specific treatment service activities to be provided to achieve the objectives. (5) Designation of the persons responsible for providing the services. (6) Date of initiation and service plan development. (7) Anticipated duration of services. b. All service plans shall be reviewed 90 calendar days from the initiation of services and every 90 calendar days thereafter for the duration of the services or when the needs of the child or the services necessary for the parents to meet the needs of the child have changed and these changes significantly affect goals, objectives and service activities. The review shall determine if the services continue to be necessary, appropriate and consistent with the child’s permanency goal. The reviewer shall revise the service plan to reflect the services that are necessary, appropriate, and consistent with the child’s permanency goal. 108.7(14) Information for foster parents. At the time of placement, an agency shall provide foster parents with all of the following if known: a. Name of the child, agency caseworker, and referring agency. b. Information about the child’s known behavioral characteristics including safety-related information, needs, and plans for the child and family. Safety-related information shall be withheld only if: (1) Withholding the information is ordered by the court, or (2) The department or the agency developing the service plan determines that providing the information would be detrimental to the child or to the family with whom the child is living. c. Written consent to obtain routine, nonsurgical medical care and to authorize emergency medical and surgical treatment, anesthesia, and immunizations for each child placed in the foster home. d. A copy of the child’s current physical examination and medical history when completed.As this information becomes available to the agency, foster parents shall be informed immediately. 108.7(15) Religious policy. The agency shall have a written policy on religious participation and training for foster children. The agency shall provide the policy to parents and foster parents and shall ensure that the policy is adhered to in each foster home. 108.7(16) Mail. There shall be a written policy which ensures that foster children are permitted to send and receive mail, unless documented that this practice is contraindicated. 108.7(17) Allowance policy. An agency shall have a written policy addressing payment of and accounting for personal allowances for foster children. 108.7(18) Reporting hospitalization or death of child. Any serious injury or illness requiring hospitalization of a child in care shall be reported to the parent and the responsible agency as soon as possible. Efforts to notify parents and responsible agency staff shall be documented in the child’s record. The death of a child shall be reported immediately to the parent or next of kin and to the referring agency. 108.7(19) Foster care records. The agency shall maintain confidential individual records for each child placed in a foster home. The record shall include: a. The initial placement outline. (Refer to subrule 108.7(7).) b. All legal documents pertaining to the child. c. The child’s health record, including psychological and psychiatric reports. d. The summary narrative which reflects the dates and content of the caseworker’s contact regarding the child. e. Educational records and reports. f. All service plans developed by the agency. g. Case permanency plans developed by the referring agency. h. A record of foster placements made by the agency including foster parents’ names and addresses and dates of placements. 108.7(20) Termination of foster care. When a foster care placement is terminated, all of the following information shall be documented in the child’s record within 30 days: a. Reason for termination. b. Current location of the child, unless the child was placed for adoption. In that case the record shall state only that the child was placed for adoption and shall not disclose the identity of the adoptive family unless the adoptive family agrees to disclosure of identity prior to finalizing of adoption. c. Steps remaining to achieve permanency plan goal. d. Provisions for follow-up, if any. e. For unplanned terminations, a summary explaining the circumstances.441108.8(238) Foster home studies. The agency shall provide information to prospective foster parents about foster care, agency policies, licensing requirements for foster care, the children needing foster care, the licensing process and the reimbursement rates. 108.8(1) Licensing procedures. a. Availability of applications. The agency may provide Form 470-0689, Foster Family Home License Application, to anyone requesting to be licensed. b. Licensing study. The agency may complete a licensing study of the family. c. New applications. If the child-placing agency decides to complete the initial licensing study, the agency shall submit to the department all documents and information required by 441—Chapter 113 pertaining to the licensing and regulation of foster family homes. This shall include a narrative evaluation of the foster family home which reflects a thorough study of each foster family. The narrative shall document at least two face-to-face interviews with the prospective foster family and at least one face-to-face interview with each member of the household before the placement of a child. At least one interview shall take place in the applicant’s home. The narrative summary of the family study shall assess all of the following: (1) Motivation for foster care. (2) Family’s and extended family’s attitude toward accepting foster children. (3) Family’s attitude toward foster children’s parents. (4) Emotional stability, physical health, and compatibility of foster parents, and ways they cope with change and stress. (5) Adjustment of own children, if any. (6) Assessment of the child-caring skills, including disciplinary techniques used. (7) Strengths and weaknesses of each member of the household. (8) Types of children desired. (9) Type of children, if any, for whom placement with the family would be appropriate. (10) Recommendation as to the number, age, sex, characteristics, and special needs of children best served by this family. (11) Assessment of the need for training and a plan for providing the needed training. (12) Any other pertinent information that might assist the agency in making the licensing recommendation. (13) Record checks. The licensed child-placing agency shall submit record checks for each applicant and for anyone who is 14 years of age or older living in the home of the applicant to determine whether they have any founded child abuse reports or criminal convictions or have been placed on the sex offender registry. The licensed child-placing agency shall use Form 470-0643, Request for Child Abuse Information, and Form 595-1396, DHS Criminal History Record Check, Form B, for this purpose. Each person subject to record checks shall also be fingerprinted for a national criminal history check. The department’s contractor for the recruitment and retention of resource families shall assist applicants in completing required record checks, including fingerprinting. Any criminal or abuse records discovered shall be evaluated according to the procedures in rule 441—113.13(237). (14) Health of foster parents and impact of medical conditions on their ability to foster a child. (15) Income information. (16) Documentation that at least three references have been received and the responses reviewed. 108.8(2) Licensing decision. The department shall make the licensing decision and notify the applicant and the child-placing agency within 30 days of the licensing decision. In no case shall a child be placed in a foster home before licensing approval. a. A full license shall be issued to foster families meeting all necessary criteria for a full licensure. b. A provisional license may be issued for up to one year if the foster family fails to meet all requirements for licensure. When an agency recommends, because of rule violation, that a foster home receive a provisional license at the time the license is issued or renewed, the agency shall document the violation in the foster home file, and shall send the following to the department: (1) A copy of the assessment of the rule violation and recommendation. (2) A copy of the foster home’s plan to achieve rule compliance within stipulated time frames. c. When an agency recommends that a foster home license be denied or revoked, the agency shall send the following documents to the department: (1) A copy of the assessment of rule compliance and the foster family’s reaction to the assessment. (2) The agency’s recommendation and supporting rationale. (3) Other appropriate documents supporting the findings. 108.8(3) Reapplications. At least 30 days before the expiration of the license, the agency shall submit all documents and information required by 441—Chapter 113 pertaining to the licensing and regulation of foster family homes. This shall include an update of the narrative noting any changes that may have occurred in the foster family’s living arrangement or life style and any other pertinent information that might assist in making the licensing decision, including an assessment of the foster family’s ability to provide foster care. 108.8(4) Unannounced visits. The agency shall conduct at least one annual unannounced visit to each licensed foster family home the agency inspects to meet the requirements of Iowa Code section 237.7. 108.8(5) Complaints. When an agency receives a complaint which may indicate possible violation of the foster care licensing rules, the agency shall, within five working days of receiving the complaint, either conduct an investigation to assess compliance with applicable rules or refer the complaint to the department for assessment. If the agency conducts the investigation, the agency shall submit a written report of the investigation to the department within ten working days of receiving the complaint with a statement of rule violation and a recommendation regarding the license of the foster family home. The written report shall be filed in the foster parents’ file. 108.8(6) Foster family training. The agency shall ensure that each foster home recommended for foster family license has complied with the training requirements in 441—113.8(237).Within six months of licensure and every three years thereafter, each foster parent shall obtain mandatory reporter training relating to identification and reporting of child abuse. 108.8(7) Placement agreement. When a child is placed with a foster family, the agency shall have a signed agreement with each foster family home including the expectations and responsibilities of both the agency and the foster family, the services to be provided, and the financial arrangements for children placed in the home. 108.8(8) Foster family home records. The agency shall keep separate records for each foster family home. The agency shall begin the record at the time of application. Foster family home records shall contain: a. The application. b. Family assessment. c. Most recent medical reports on foster family members. d. Summary of dates and content of worker’s contacts relating to licensing or relicensing. e. Reference letters. f. Annual assessment of strengths and weaknesses of the foster family relative to the care of individual children placed with them.Related ARC(s): 5361C441108.9(238) Adoption services. 108.9(1) Program statement. a. An agency licensed to place children for adoption shall have a current written program statement which shall include all of the following: (1) Characteristics of children to be placed. (2) Eligibility requirements for adoptive families. (3) Services provided during the adoption process. (4) Services to the birth parents upon relinquishment. (5) Postadoption services to adoptive families, if offered. (6) Explanation of all fees and any other costs for which the adoptive family is responsible for payment. (7) A statement that payment of fees does not ensure adoption approval. (8) A statement informing applicants of the right to appeal the agency’s decision regarding nonapproval of the family for placement of a child for adoption, or other adverse decisions. b. The program statement shall be made available to referring agencies and to all persons making formal inquiry regarding adoption. 108.9(2) Services to birth families. An agency which offers services to birth parents who are considering relinquishing a child for adoption shall provide the following: a. Intake process. When an agency agrees to provide services to the birth parents, intake interviews shall be conducted, including provision of information to the birth parents regarding the adoption process and their rights and role. (1) When an agency completes a background information investigation report on the child to be adopted, a personal interview with each parent of the child must be completed unless a parent’s identity or whereabouts is unknown. (2) If a parent’s identity or whereabouts is unknown, as much information as possible shall be obtained from the other parent or other sources if available. b. Background information on birth parents. The agency shall obtain as much information as possible about birth parents that includes, but is not limited to: (1) Birth parents’ strengths and needs. (2) Birth parents’ physical description. (3) Birth parents’ and extended family members’ medical and mental health history. (4) Parents’ criminal history. (5) Birth parents’ educational level. (6) An affidavit signed by the birth parents instructing the court to reveal, or not reveal, their names to the child pursuant to Iowa Code chapter 600. (7) Any additional information the birth parents wish to include in the child’s adoption record. c. Background information for an infant adoption. Information shall be obtained that includes, but is not limited to, the following: (1) The child’s due date. (2) Prenatal care received by the mother during pregnancy. (3) Risk factors that may affect the child’s health after birth. (4) Birth records following the child’s birth, if available. d. Background information on an older child. Information shall be obtained that includes, but is not limited to the following: (1) The child’s legal status. (2) The child’s physical description, medical and mental health history, developmental information, and other pertinent information necessary for a child study. (3) Identification of any specific and unique needs of the child and the type of family to be considered for adoptive placement. (4) The involvement of the birth parents and significant others in the child’s care. e. A copy of the background information of the child and birth parents shall be provided to the prospective family before placement of the child. f. Birth parent counseling. If accepted by the birth parents, the counseling shall be provided after the birth of the child and prior to the signing of a release of custody that meets the requirements of Iowa Code chapter 600A or prior to the filing of a petition for termination of parental rights. (1) The purpose of the counseling is to:- Provide information about options to assist birth parents in making an informed decision regarding release of custody.
- Assist birth parents in resolving emotional issues related to separation and loss.
- Certified adoption investigators.
- Mental health professionals who have the equivalent of two years of adoption work experience in the direct provision of adoption services.
- Private agency staff with two years of adoption work experience in the direct provision of adoption services.
- Department staff with two years of adoption work experience in the direct provision of adoption services.
- A copy of a professional license, when applicable.
- A record of all adoption work experience, including dates and location. In addition, the person providing counseling shall provide the names of the counselor’s employers and supervisors to enable the court to verify the counselor’s adoption work experience.
- On the Iowa central abuse registry using the Request for Child Abuse Information form;
- By the Iowa division of criminal investigation, using the DHS Criminal History Record Check Form B;
- On the Iowa sex offender registry;
- On the child abuse registry of any state where the applicant has lived during the five years prior to the issuance of the investigative report; and
- For a national criminal history through fingerprinting or another biometric identification-based process accepted by the federal government.
- On the Iowa central abuse registry using the Request for Child Abuse Information form;
- By the Iowa division of criminal investigation, using the DHS Criminal History Record Check Form B; and
- On the Iowa sex offender registry.
- If the licensed child-placing agency determines that the abuse or crime does warrant prohibition of approval, the licensed child-placing agency shall notify the applicant of the results of the evaluation in writing. The notice shall contain information on appeal rights.
- If the child-placing agency determines that the applicant should be approved despite the abuse or criminal conviction, the agency shall provide copies of the Record Check Evaluation form and the written notice to the applicant to the Administrator, Division of Adult, Children and Family Services, Department of Human Services, 1305 East Walnut Street, Des Moines, Iowa 50319-0114. Within 30 days, the administrator shall determine whether the abuse or crime merits prohibition of approval and shall notify the child-placing agency in writing of that decision.
- Home environment.
- Persons present at the time of the visit.
- Changes in the home or household members, or other areas addressed in the home study.