CHAPTER 61REFUGEE SERVICES PROGRAM[Prior to 9/24/86 IAC Supp., see Refugee Service Center 715—Chapters 1 to 8][Prior to 2/11/87, Human Services]PreambleThe department of human services manages and coordinates refugee program activities in the state of Iowa. In this capacity, the department develops, implements, and oversees activities which reflect refugee policy priorities of the United States Department of State and the United States Department of Health and Human Services and which address sound practices on behalf of the state of Iowa as outlined in the Iowa state refugee program plan. Serving in the role of Iowa state refugee program coordinator, the director coordinates with resettlement agency administrators active in the resettlement of refugees within the state of Iowa. Although the department manages many activities and programs in the administration of the state of Iowa’s refugee program, the central focus is to promote as expeditiously as possible economic self-sufficiency and social self-reliance for refugees.These rules define and structure the department’s refugee services program. Eligibility criteria, application procedures, reasons for adverse actions, and appeal procedures for clients and sponsors are outlined.44161.1(217) Definitions.
"Bureau" means the bureau of refugee services within the department.
"Bureau chief" shall mean the chief of the bureau of refugee services.
"Client" means refugees or others determined eligible for services funded under the refugee program.
"Department" means the Iowa department of human services.
"Director" means the director of the department of human services or a designee.
"Family self-sufficiency plan" means a plan that addresses the employment-related service needs of the employable members in a family for the purpose of enabling the family to become self-supporting through the employment of one or more family members. A family self-sufficiency plan shall be developed for anyone who receives employment-related services from the bureau.
"Iowa state refugee program coordinator" means the director, serving as the refugee program administrator, as appointed by the governor to administer programs funded and required by the Office of Refugee Resettlement within the United States Department of Health and Human Services.
"Iowa state refugee program plan" means the report that describes the state of Iowa’s refugee program plan to meet the standards, goals, and priorities required under the Immigration and Nationality Act and developed by the bureau on the basis of a consultative process for the successful resettlement of refugees. The bureau chief must certify no later than 30 days after the beginning of each federal fiscal year that the approved plan is current and continues in effect. If the bureau wishes to change its plan, the bureau must submit a proposed amendment to the plan to be reviewed and approved or disapproved by the office of refugee resettlement.
"Legal proceeding" means any action before any court, or any legal action preparatory to appearing before any court, whether civil or criminal in nature.
"Office of refugee resettlement" means a federal agency within the United States Department of Health and Human Services with the legislative authority to be responsible for ensuring the coordination of federal resources in refugee resettlement.
"Portal-to-portal" means the span of time when interpreters leave their domicile or office to interpret at a scheduled interpreting assignment to interpret, and return to the domicile or office or arrive at their next interpreting assignment.
"Presiding judicial officer" means a judge of the United States, state, county, or municipal court, a magistrate, or judge in bankruptcy.
"Refugee" means any person who:
- Is outside any country of the person’s nationality or, in the case of a person having no nationality, is outside any country in which the person last habitually resided; and
- Is unable or unwilling to return to that country and unable or unwilling to avail himself or herself of the protection of that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion, as defined under the Immigration and Nationality Act, Title I, Section 101.
"Refugee unit" means either an individual refugee or two or more refugees representing an identifiable group, as determined by the bureau of refugee services.
"Resettlement agency" means any business, organization or group of related persons having a current contract with the U.S. Department of State’s Bureau for Refugee Programs for the resettlement of refugees within the United States of America.
"Unaccompanied refugee minor (URM)" means a person who has not yet attained 18 years of age who entered the United States unaccompanied by and not destined to (1) a parent, or (2) a close non-parental adult relative who is willing and able to care for the child, or (3) an adult with a clear and court-verifiable claim to custody of the minor, and who has no parents in the United States.44161.2(217) Authority. The department has been given authority to administer the refugee program by Executive Order Number 21, signed by the governor December 24, 1985. U.S. Department of State and U.S. Department of Health and Human Services rules govern various program operations.44161.3(217) Eligibility for refugee services. Refugees eligible for services under this chapter include people who have one of the following statuses, as issued by the United States Immigration and Naturalization Service: 61.3(1) A person granted asylum under the Immigration and Nationality Act, Title II, Chapter 1, Section 208. Asylees are people who travel to the United States on their own and apply for and receive a grant of asylum. 61.3(2) A person admitted to the United States as a refugee under the Immigration and Nationality Act, Title II, Chapter 1, Section 207. 61.3(3) A person granted humanitarian parole as a refugee or asylee under the Immigration and Nationality Act, Title II, Chapter 2, Section 212. The United States Attorney General may, in the Attorney General’s discretion, parole into the United States temporarily, under such conditions as the Attorney General may prescribe on a case-by-case basis, for urgent humanitarian reasons or significant public benefit, any alien applying for admission to the United States. 61.3(4) A Cuban or Haitian entrant in accordance with requirements in 45 CFR Part 401, as amended to March 22, 2000. Cuban and Haitian entrants include: a. Any person granted parole status as a “Cuban/Haitian Entrant (Status Pending)” or granted any other special status subsequently established under the immigration laws for nationals of Cuba or Haiti, regardless of the person’s status at the time assistance or services are provided; and b. Any other national of Cuba or Haiti who meets both of the following conditions: (1) The person either:
- Was paroled into the United States and has not acquired any other status under the Immigration and Nationality Act; or
- Is the subject of exclusion or deportation proceedings under the Immigration and Nationality Act; or
- Has an application for asylum pending with the Immigration and Naturalization Service.
- Name and address of party initiating the service request.
- Date, time and location of assignment.
- Description and rate.
- Hours of service delivery.
- Name of interpreter(s) and translator(s).
- Detailed statement of related costs.
- Cash assistance recipients, particularly long-term recipients.
- Unemployed refugees who are not receiving cash assistance.
- Employed refugees in need of services to retain employment or to attain economic independence.