reglab/statecodes huggingface dataset:
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 217 - DEPARTMENT OF HUMAN SERVICES › Section 217.19 - Expenses.

217.19 Expenses.
1. The director of said department, the director’s staff, assistants and employees shall, in addition to salary, receive their necessary traveling expenses by the nearest traveled and practicable route, when engaged in the performance of official business.
2. The department of administrative services shall work with the department of human services to develop and implement an expense policy applicable to the members of a board, commission, committee, or other body under the auspices of the department of human services who meet the income requirements for payment of per diem in accordance with section 7E.6, subsection 2. The policy shall allow for the payment of the member’s expenses to be addressed through use of direct billings, travel purchase card, prepaid expenses, or other alternative means of addressing the expenses in lieu of reimbursement of the member.
[S13, §2727-a5; C24, 27, 31, 35, 39, §3282; C46, 50, 54, 58, 62, 66, §217.9; C71, 73, 75, 77, 79, 81, §217.19]
2008 Acts, ch 1187, §113
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 217 - DEPARTMENT OF HUMAN SERVICES › Section 217.21 - Annual report.

217.21 Annual report.
The department shall, annually, at the time provided by law make a report to the governor and general assembly, and cover therein the annual period ending with June 30 preceding, which report shall embrace:
1. An itemized statement of its expenditures concerning each program under its administration.
2. Adequate and complete statistical reports for the state as a whole concerning all payments made under its administration.
3. Such recommendations as to changes in laws under its administration as the director may deem necessary.
4. The observations and recommendations of the director and the council on human services relative to the programs of the department.
5. Such other information as the director or council on human services may deem advisable, or which may be requested by the governor or by the general assembly.
[S13, §2727-a9, -a12, -a16, -a34; SS15, §2727-a3; C24, 27, 31, 35, 39, §3285; C46, 50, 54, 58, 62, 66, §217.11; C71, 73, 75, 77, 79, 81, §217.21]
83 Acts, ch 96, §157, 159
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 217 - DEPARTMENT OF HUMAN SERVICES › Section 217.23 - Personnel — merit system — reimbursement for damaged property.

217.23 Personnel — merit system — reimbursement for damaged property.
1. The director of human services or the director’s designee, shall employ such personnel as are necessary for the performance of the duties and responsibilities assigned to the department. All employees shall be selected on a basis of fitness for the work to be performed with due regard to training and experience and shall be subject to the provisions of chapter 8A, subchapter IV.
2. The department may expend moneys from the support allocation of the department as reimbursement for replacement or repair of personal items of the department’s employees damaged or destroyed by clients of the department during the employee’s tour of duty. However, the reimbursement shall not exceed three hundred dollars for each item. The department shall establish rules in accordance with chapter 17A to carry out the purpose of this section.
[C75, 77, 79, 81, §217.23]
85 Acts, ch 253, §7; 2003 Acts, ch 145, §208; 2007 Acts, ch 218, §37
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 217 - DEPARTMENT OF HUMAN SERVICES › Section 217.24 - Payment by electronic funds transfer.

217.24 Payment by electronic funds transfer.
The department of human services shall continue expanding the practice of making payments to program participants and vendors by means of electronic funds transfer. The department shall seek the capacity for making payment by such means for all programs administered by the department.
2010 Acts, ch 1031, §407
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 217 - DEPARTMENT OF HUMAN SERVICES › Section 217.31 - Action for damages.

217.31 Action for damages.
1. Any person may institute a civil action for damages under chapter 669 or to restrain the dissemination of confidential records set out in section 217.30, subsection 2, paragraph “b”, “c”, or “d”, in violation of that section, and any person, agency or governmental body proven to have disseminated or to have requested and received confidential records in violation of section 217.30, subsection 2, paragraph “b”, “c”, or “d”, shall be liable for actual damages and exemplary damages for each violation and shall be liable for court costs, expenses, and reasonable attorney fees incurred by the party bringing the action. In no case shall the award for damages be less than one hundred dollars.
2. Any reasonable grounds that a public employee has violated any provision of section 217.30 shall be grounds for immediate removal from access of any kind to confidential records or suspension from duty without pay.
[C75, 77, 79, 81, §217.31]
2013 Acts, ch 90, §44; 2019 Acts, ch 125, §2
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 217 - DEPARTMENT OF HUMAN SERVICES › Section 217.32 - Office space in county.

217.32 Office space in county.
Where the department of human services assigns personnel to an office located in a county for the purpose of performing in that county designated duties and responsibilities assigned by law to the department, it shall be the responsibility of the county to provide and maintain the necessary office space and office supplies and equipment for the personnel so assigned in the same manner as if they were employees of the county. The department shall at least annually, or more frequently if the department so elects, reimburse the county for a portion, designated by law, of the cost of maintaining office space and providing supplies and equipment as required by this section, and also for a similar portion of the cost of providing the necessary office space if in order to do so it is necessary for the county to lease office space outside the courthouse or any other building owned by the county. The portion of the foregoing costs reimbursed to the county under this section shall be equivalent to the proportion of those costs which the federal government authorizes to be paid from available federal funds, unless the general assembly directs otherwise when appropriating funds for support of the department.
[C75, 77, 79, 81, §217.32]
83 Acts, ch 96, §157, 159
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 217 - DEPARTMENT OF HUMAN SERVICES › Section 217.33 - Legal services.

217.33 Legal services.
The director of human services pursuant to a state plan funded in part by the federal government may provide services for eligible persons by contract with nonprofit legal aid organizations.
[C77, 79, 81, §217.33]
83 Acts, ch 96, §157, 159
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 217 - DEPARTMENT OF HUMAN SERVICES › Section 217.34 - Debt setoff.

217.34 Debt setoff.
The investigations division of the department of inspections and appeals and the department of human services shall provide assistance to set off against a person’s or provider’s income tax refund or rebate any debt which has accrued through written contract, nonpayment of premiums pursuant to section 249A.3, subsection 2, paragraph “a”, subparagraph (1), subrogation, departmental recoupment procedures, or court judgment and which is in the form of a liquidated sum due and owing the department of human services. The department of inspections and appeals, with approval of the department of human services, shall adopt rules under chapter 17A necessary to assist the department of administrative services in the implementation of the setoff under section 8A.504 in regard to money owed to the state for public assistance overpayments or nonpayment of premiums as specified in this section. The department of human services shall adopt rules under chapter 17A necessary to assist the department of administrative services in the implementation of the setoff under section 8A.504, in regard to collections by the child support recovery unit and the foster care recovery unit.
83 Acts, ch 96, §160; 83 Acts, ch 153, §2; 89 Acts, ch 250, §1; 2003 Acts, ch 145, §209; 2011 Acts, ch 120, §2; 2013 Acts, ch 138, §122, 127
For future amendment to this section effective upon the later of January 1, 2021, or the effective date of rules adopted by the department of revenue to implement 2020 Acts, ch 10642020 Acts, ch 1064, see 2020 Acts, ch 1064, §9, 28; 2020 Acts, ch 1118, §73, 74
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 217 - DEPARTMENT OF HUMAN SERVICES › Section 217.35 - Fraud and recoupment activities.

217.35 Fraud and recoupment activities.
Notwithstanding the requirement for deposit of recovered moneys under section 239B.14, recovered moneys generated through fraud and recoupment activities are appropriated to the department of human services to be used for additional fraud and recoupment activities performed by the department of human services or the department of inspections and appeals. The department of human services may use the recovered moneys appropriated to add not more than five full-time equivalent positions, in addition to those funded by annual appropriations. The appropriation of the recovered moneys is subject to both of the following conditions:
1. The director of human services determines that the investment can reasonably be expected to increase recovery of assistance paid in error, due to fraudulent or nonfraudulent actions, in excess of the amount recovered in the previous fiscal year.
2. The amount expended for the additional fraud and recoupment activities shall not exceed the amount of the projected increase in assistance recovered.
2005 Acts, ch 175, §92
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 217 - DEPARTMENT OF HUMAN SERVICES › Section 217.36 - Distribution of earned income tax credit information.

217.36 Distribution of earned income tax credit information.
1. The department shall ensure that educational materials relating to the federal and state earned income tax credits are provided in accordance with this section to each household receiving assistance or benefits under:
a. The hawk-i program under chapter 514I.
b. The family investment program under chapter 239B.
c. The medical assistance Act under chapter 249A.
d. The food programs defined in section 234.1 which are administered by the department.
e. Any other appropriate programs administered by, or under the oversight of, the department of human services.
2. The department shall, by mail or through the internet, provide a household described in subsection 1 with access to:
a. Internal revenue service publications relating to the federal earned income tax credit.
b. Department of revenue publications relating to the state earned income tax credit.
c. Information prepared by tax preparers who provide volunteer or free federal or state income tax preparation services to low-income and other eligible persons and who are located in close geographic proximity to the person.
3. In January of each year, the department or a representative of the department shall mail to each household described in subsection 1 information about the federal and state earned income tax credit that provides the household with referrals to the resources described in subsection 2.
4. The mailings required by the department under this section do not have to be made as a separate mailing but may be included in existing mailings being made to the appropriate households.
2008 Acts, ch 1157, §1
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 217 - DEPARTMENT OF HUMAN SERVICES › Section 217.38 - Restitution to individuals of Japanese ancestry.

217.38 Restitution to individuals of Japanese ancestry.
Notwithstanding any other law of this state, payments paid to an eligible individual of Japanese ancestry under section 105 of the Civil Liberties Act of 1988, Pub. L. No. 100-383, Tit. I, shall not be considered as income or an asset for determining the eligibility for state or local government benefit or entitlement programs. The proceeds are not subject to recoupment for the receipt of governmental benefits or entitlements and liens, except liens for child support, are not enforceable against these sums for any reason.
89 Acts, ch 285, §1; 2010 Acts, ch 1061, §180
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 217 - DEPARTMENT OF HUMAN SERVICES › Section 217.39 - Persecuted victims of World War II — reparations — heirs.

217.39 Persecuted victims of World War II — reparations — heirs.
Notwithstanding any other law of this state, payments paid to and income from lost property of a victim of persecution for racial, ethnic, or religious reasons by Nazi Germany or any other Axis regime or as an heir of such victim which is described in section 422.7, subsection 35, Code 2018, shall not be considered as income or an asset for determining the eligibility for state or local government benefit or entitlement programs. The proceeds are not subject to recoupment for the receipt of governmental benefits or entitlements, and liens, except liens for child support, are not enforceable against these sums for any reason.
2000 Acts, ch 1103, §1, 3; 2018 Acts, ch 1161, §100, 133, 134; 2021 Acts, ch 177, §1
2018 amendment to this section is effective January 1, 2023, and applies to tax years beginning on or after that date;
2018 Acts, ch 1161, §100, 133, 134
;
2021 Acts, ch 177, §1
Section amended
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 217 - DEPARTMENT OF HUMAN SERVICES › Section 217.40 - Training for guardians and conservators.

217.40 Training for guardians and conservators.
The department of human services, or a person designated by the director, shall establish training programs designed to assist all duly appointed guardians and conservators in understanding their fiduciary duties and liabilities, the special needs of the ward, and how to best serve the ward and the ward’s interests.
89 Acts, ch 178, §2
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 217 - DEPARTMENT OF HUMAN SERVICES › Section 217.41 - Refugee services foundation.

217.41 Refugee services foundation.
1. The department of human services shall cause a refugee services foundation to be created for the sole purpose of engaging in refugee resettlement activities to promote the welfare and self-sufficiency of refugees who live in Iowa and who are not citizens of the United States. The foundation may establish an endowment fund to assist in the financing of its activities. The foundation shall be incorporated under chapter 504.
2. The foundation shall be created in a manner so that donations and bequests to the foundation qualify as tax deductible under federal and state income tax laws. The foundation is not a state agency and shall not exercise sovereign power of the state. The state is not liable for any debts of the foundation.
3. The refugee services foundation shall have a board of directors of five members. One member shall be appointed by the governor and four members shall be appointed by the director of human services. Members of the board shall serve three-year terms beginning on July 1, and ending on June 30. A vacancy on the board shall be filled in the same manner as the original appointment for the remainder of the term. Not more than two members appointed by the director of human services shall be of the same gender or of the same political party.
4. The refugee services foundation may accept and administer trusts deemed by the board to be beneficial. Notwithstanding section 633.63, the foundation may act as trustee of such a trust.
2004 Acts, ch 1049, §191; 2004 Acts, ch 1175, §146; 2005 Acts, ch 3, §50
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 217 - DEPARTMENT OF HUMAN SERVICES › Section 217.41B - State family planning services program — establishment — discontinuation of Medicaid family planning network waiver.

217.41B State family planning services program — establishment — discontinuation of Medicaid family planning network waiver.
1. The department of human services shall discontinue the Medicaid family planning network waiver effective July 1, 2017, and shall instead establish a state family planning services program. The state program shall replicate the eligibility requirements and other provisions included in the Medicaid family planning network waiver as approved by the centers for Medicare and Medicaid services of the United States department of health and human services in effect on June 30, 2017.
2. Distribution of family planning services program funds under this section shall be made in a manner that continues access to family planning services.
3. a. (1) Distribution of family planning services program funds shall not be made to any entity that performs abortions or that maintains or operates a facility where abortions are performed, which shall not be interpreted to include a nonpublic entity that is a distinct location of a nonprofit health care delivery system, if the distinct location provides family planning services but does not perform abortions or maintain or operate as a facility where abortions are performed.
(2) The department of human services shall adopt rules pursuant to chapter 17A to require that as a condition of eligibility as a provider under the family planning services program, each distinct location of a nonprofit health care delivery system shall enroll in the program as a separate provider, be assigned a distinct provider identification number, and complete an attestation that abortions are not performed at the distinct location.
(3) For the purposes of this section, “nonprofit health care delivery system” means an Iowa nonprofit corporation that controls, directly or indirectly, a regional health care network consisting of hospital facilities and various ambulatory and clinic locations that provide a range of primary, secondary, and tertiary inpatient, outpatient, and physician services.
b. For the purposes of this section, “abortion” does not include any of the following:
(1) The treatment of a woman for a physical disorder, physical injury, or physical illness, including a life-endangering physical condition caused by or arising from the pregnancy itself, that would, as certified by a physician, place the woman in danger of death.
(2) The treatment of a woman for a spontaneous abortion, commonly known as a miscarriage, when not all of the products of human conception are expelled.
4. Family planning services program funds distributed in accordance with this section shall not be used for direct or indirect costs, including but not limited to administrative costs or expenses, overhead, employee salaries, rent, and telephone and other utility costs, related to providing abortions as specified in subsection 3.
2017 Acts, ch 174, §90, 92; 2018 Acts, ch 1165, §83
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 217 - DEPARTMENT OF HUMAN SERVICES › Section 217.42 - Service areas — offices.

217.42 Service areas — offices.
1. The organizational structure to deliver the department’s field services shall be based upon service areas designated by the department. The service areas shall serve as a basis for providing field services to persons residing in the counties comprising the service area.
2. The department shall maintain an office in each county. Based on the annual appropriations for field operations, the department shall strive to maintain a full-time presence in each county. If it is not possible to maintain a full-time presence in each county, the department shall provide staff based on its caseweight system to assure the provision of services. The department shall consult with the county boards of supervisors of those counties regarding staffing prior to any modification of office hours.
3. A county or group of counties may voluntarily enter into a chapter 28E agreement with the department to provide funding or staff persons to deliver field services in county offices. The agreement shall cover the full fiscal year but may be revised by mutual consent.
92 Acts, ch 1079, §1
; 2001 Acts, 2nd Ex, ch 4, §1, 9
; 2010 Acts, ch 1031, §296, 401, 402
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 217 - DEPARTMENT OF HUMAN SERVICES › Section 217.43 - Service area advisory boards — location of county offices.

217.43 Service area advisory boards — location of county offices.
1. a. The department shall establish a service area advisory board in each service area. Each of the county boards of supervisors of the counties comprising the service area shall appoint two service area advisory board members. All of the following requirements apply to the appointments made by a county board of supervisors:
(1) The membership shall be appointed in accordance with section 69.16, relating to political affiliation, and section 69.16A, relating to gender balance.
(2) Not more than one of the members shall be a member of the board of supervisors.
(3) Appointments shall be made on the basis of interest in maintaining and improving service delivery.
b. Appointments shall be made a part of the regular proceedings of the board of supervisors and shall be filed with the county auditor and the service area manager. A vacancy on the board shall be filled in the same manner as the original appointment.
c. The boards of supervisors shall develop and agree to other organizational provisions involving the advisory board, including reporting requirements.
2. The purpose of the advisory boards is to improve communication and coordination between the department and the counties and to advise the department regarding maintenance and improvement of service delivery in the counties and communities comprising the service areas.
3. The department shall determine the community in which each county office will be located. The county board of supervisors shall determine the location of the office space for the county office. The county board of supervisors shall make reasonable efforts to collocate the office with other state and local government or private entity offices in order to maintain the offices in a cost-effective location that is convenient to the public.
92 Acts, ch 1079, §2; 93 Acts, ch 54, §2
; 2001 Acts, 2nd Ex, ch 4, §2, 9
; 2020 Acts, ch 1062, §27
Referred to in §251.3, 251.5, 331.321
Emergency relief duties of service area advisory board, see §251.5
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 217 - DEPARTMENT OF HUMAN SERVICES › Section 217.44 - Service areas — employee and volunteer record checks.

217.44 Service areas — employee and volunteer record checks.
1. The department shall conduct criminal and child and dependent adult abuse record checks of persons who are potential employees, employees, potential volunteers, and volunteers in service area offices in a position having direct contact with the department’s clients. The record checks shall be performed in this state and the department may conduct these checks in other states. If the department determines that a person has been convicted of a crime or has a record of founded child or dependent adult abuse, the department shall perform an evaluation to determine whether the crime or founded abuse warrants prohibition of the person’s employment or participation as a volunteer. The record checks and evaluation shall be performed in accordance with procedures adopted for this purpose by the department.
2. In an evaluation, the department shall consider the nature and seriousness of the crime or founded child or dependent adult abuse in relation to the position sought or held, the time elapsed since the commission of the crime or founded abuse, the circumstances under which the crime or founded abuse was committed, the degree of rehabilitation, the likelihood that the person will commit the crime or founded abuse again, and the number of crimes or founded abuses committed by the person involved.
3. The department may permit a person who is evaluated to be employed or to participate as a volunteer if the person complies with the department’s conditions relating to employment or participation as a volunteer which may include completion of additional training.
4. If the department determines that the person has committed a crime or has a record of founded child or dependent adult abuse which warrants prohibition of employment or participation as a volunteer, the person shall not be employed by or participate as a volunteer in a department service area office in a position having direct contact with the department’s clients.
2000 Acts, ch 1112, §52;
2001 Acts, 2nd Ex, ch 4, §3, 9
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 217 - DEPARTMENT OF HUMAN SERVICES › Section 217.45 - Background investigations.

217.45 Background investigations.
1. A background investigation may be conducted by the department of human services on all of the following individuals:
a. An applicant for employment with the department.
b. A contractor, vendor, or employee performing work for the department with access to federal tax information used for purposes of the department.
2. An individual subject to this section shall authorize the release of the results of all of the following:
a. A work history.
b. A state criminal history background check.
c. A national criminal history check through the federal bureau of investigation.
3. An individual subject to this section shall provide the individual’s fingerprints to the department. The department shall request the national criminal history check and shall provide the individual’s fingerprints to the department of public safety for submission through the state criminal history repository to the federal bureau of investigation.
4. The department shall pay the actual cost of the fingerprinting and the national criminal history check, if any, unless otherwise agreed to as part of a vendor contract or other contract with the department.
5. A contractor, vendor, or employee performing work for the department with access to federal tax information used for purposes of the department may be subject to a background investigation by the department at least once every ten years after the date of the initial contract with the contractor or vendor or initial date of hire of the employee.
6. The results of background investigations conducted pursuant to this section shall not be considered public records under chapter 22.
2017 Acts, ch 57, §1
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 218 - INSTITUTIONS GOVERNED BY HUMAN SERVICES DEPARTMENT › Section 218.1 - Institutions controlled.

218.1 Institutions controlled.
The director of human services shall have the general and full authority given under statute to control, manage, direct, and operate the following institutions under the director’s jurisdiction, and may at the director’s discretion assign the powers and authorities given the director by statute to any one of the deputy directors, division administrators, or officers or employees of the divisions of the department of human services:
1. Glenwood state resource center.
2. Woodward state resource center.
3. Mental health institute, Cherokee, Iowa.
4. Mental health institute, Independence, Iowa.
5. State training school.
6. Iowa juvenile home.
7. Other facilities not attached to the campus of the main institution as program developments require.
[S13, §2727-a8, -a77; SS15, §2713-n2, 2727-a96; C24, 27, 31, 35, 39, §3287; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §218.1; 81 Acts, ch 73, §1; 82 Acts, ch 1260, §18]
83 Acts, ch 96, §66, 157, 159; 83 Acts, ch 101, §37; 92 Acts, ch 1140, §21; 2000 Acts, ch 1112, §1, 45; 2019 Acts, ch 100, §1
Referred to in §218.2, 218.3, 218.4, 218.13, 218.42, 218.43, 218.44, 218.58, 222.2, 225C.13, 227.19, 229.1, 230.1, 232.69, 234.1, 237.4, 237C.1, 280.16, 282.33, 357H.1, 708.3A, 709.16
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 218 - INSTITUTIONS GOVERNED BY HUMAN SERVICES DEPARTMENT › Section 218.2 - Powers of governor — report of abuses.

218.2 Powers of governor — report of abuses.
1. Nothing contained in section 218.1 shall limit the general supervisory or examining powers vested in the governor by the laws or Constitution of the State of Iowa, or legally vested by the governor in any committee appointed by the governor.
2. The administrator to whom primary responsibility for a particular institution has been assigned shall make reports to the director of human services as are requested by the director and the director shall report, in writing, to the governor any abuses found to exist in any of the institutions.
[S13, §2727-a9, -a18; C24, 27, 31, 35, 39, §3288, 3289; C46, 50, 54, 58, 62, 66, §218.2, 218.3; C71, 73, 75, 77, 79, 81, §218.2]
83 Acts, ch 96, §157, 159; 2000 Acts, ch 1112, §2; 2006 Acts, ch 1010, §67; 2019 Acts, ch 24, §104; 2020 Acts, ch 1062, §28
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 218 - INSTITUTIONS GOVERNED BY HUMAN SERVICES DEPARTMENT › Section 218.3 - Definitions.

218.3 Definitions.
For the purposes of this chapter, unless the context otherwise requires:
1. “Administrator” means the person to whom the director of human services has assigned power and authority over an institution in accordance with section 218.1.
2. “Institution” means an institution listed in section 218.1.
[C71, 73, 75, 77, 79, 81, §218.3; 81 Acts, ch 78, §20, 24; 82 Acts, ch 1260, §19]
83 Acts, ch 96, §67, 157, 159; 83 Acts, ch 101, §38; 91 Acts, ch 258, §36; 94 Acts, ch 1170, §29; 2000 Acts, ch 1112, §3
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 218 - INSTITUTIONS GOVERNED BY HUMAN SERVICES DEPARTMENT › Section 218.4 - Recommendation for rules.

218.4 Recommendation for rules.
1. The administrators of particular institutions shall recommend to the council on human services for adoption such rules not inconsistent with law as they may deem necessary for the discharge of their duties, the management of each of such institutions, the admission of residents thereto and the treatment, care, custody, education and discharge of residents. It is made the duty of the particular administrators to establish rules by which danger to life and property from fire will be minimized. In the discharge of their duties and in the enforcement of their rules, they may require any of their appointees to perform duties in addition to those required by statute.
2. Rules adopted by the council pursuant to chapter 17A shall be uniform and shall apply to all institutions under the particular administrator and to all other institutions under the administrator’s jurisdiction. The primary rules for use in institutions where persons with mental illness are served shall, unless otherwise indicated, uniformly apply to county or private hospitals in which persons with mental illness are served, but the rules shall not interfere with proper medical treatment administered to patients by competent physicians. Annually, signed copies of the rules shall be sent to the superintendent of each institution or hospital under the control or supervision of a particular administrator. Copies shall also be sent to the clerk of each district court, the chairperson of the board of supervisors of each county and, as appropriate, to the officer in charge of institutions or hospitals caring for persons with mental illness in each county who shall be responsible for seeing that the rules are posted in each institution or hospital in a prominent place. The rules shall be kept current to meet the public need and shall be revised and published annually.
3. The state fire marshal shall cause to be made an annual inspection of all the institutions listed in section 218.1 and shall make written report thereof to the particular administrator of the state department of human services in control of such institution.
[S13, §2727-a30, -a48, 5718-a3; SS15, §2727-a50, -a96; C24, 27, 31, 35, 39, §3290; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §218.4]
83 Acts, ch 96, §157, 159, 160; 94 Acts, ch 1170, §30; 2000 Acts, ch 1112, §4; 2017 Acts, ch 54, §76; 2018 Acts, ch 1041, §57
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 218 - INSTITUTIONS GOVERNED BY HUMAN SERVICES DEPARTMENT › Section 218.5 - Fire protection contracts.

218.5 Fire protection contracts.
The administrators shall have power to enter into contracts with the governing body of any city or other municipal corporation for the protection from fire of any property under the administrators’ primary control, located in any municipal corporation or in territory contiguous to the municipal corporation, upon terms as may be agreed upon.
[C31, 35, §3290-d1; C39, §3290.1; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §218.5]
83 Acts, ch 96, §157, 159; 2000 Acts, ch 1112, §5
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 218 - INSTITUTIONS GOVERNED BY HUMAN SERVICES DEPARTMENT › Section 218.6 - Transfer of appropriations made to institutions.

218.6 Transfer of appropriations made to institutions.
1. Notwithstanding section 8.39, subsection 1, without the prior written consent and approval of the governor and the director of the department of management, the director of human services may transfer funds between the appropriations made for the institutions, listed as follows:
a. The state resource centers.
b. The state mental health institutes.
c. The state training school.
d. The civil commitment unit for sexual offenders.
2. The department shall report any transfer made pursuant to subsection 1 during a fiscal quarter to the legislative services agency within thirty days of the beginning of the subsequent fiscal quarter.
2005 Acts, ch 175, §93; 2017 Acts, ch 174, §110; 2018 Acts, ch 1165, §121
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 218 - INSTITUTIONS GOVERNED BY HUMAN SERVICES DEPARTMENT › Section 218.9 - Appointment of superintendents.

218.9 Appointment of superintendents.
1. The administrator in charge of an institution, subject to the approval of the director of human services, shall appoint the superintendent of the institution. The tenure of office of a superintendent shall be at the pleasure of the administrator. The administrator may transfer a superintendent or warden from one institution to another.
2. The superintendent or warden shall have immediate custody and control, subject to the orders and policies of the administrator in charge of the institution, of all property used in connection with the institution except as provided in this chapter.
[S13, §2727-a24; C24, 27, 31, 35, 39, §3292; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §218.9; 81 Acts, ch 27, §3, ch 73, §2, ch 78, §20, 25; 82 Acts, ch 1260, §20]
83 Acts, ch 96, §68, 157, 159; 83 Acts, ch 101, §39; 84 Acts, ch 1277, §17; 90 Acts, ch 1239, §4; 94 Acts, ch 1170, §31; 2000 Acts, ch 1112, §6; 2018 Acts, ch 1041, §58; 2019 Acts, ch 59, §61
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 218 - INSTITUTIONS GOVERNED BY HUMAN SERVICES DEPARTMENT › Section 218.10 - Subordinate officers and employees.

218.10 Subordinate officers and employees.
The administrator in charge of a particular institution, with the consent and approval of the director of human services, shall determine the number of subordinate officers and employees for the institution. Subject to this chapter, the officers and employees shall be appointed and discharged by the superintendent or business manager pursuant to chapter 8A, subchapter IV. The superintendent shall keep, in the record of each subordinate officer and employee, the date of employment, the compensation, and the date of each discharge, and the reasons for discharge.
[S13, §2727-a37; SS15, §2713-n2, 2727-a96; C24, 27, 31, 35, 39, §3293; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §218.10]
83 Acts, ch 96, §157, 159; 86 Acts, ch 1245, §260; 2000 Acts, ch 1112, §7; 2003 Acts, ch 145, §210
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 218 - INSTITUTIONS GOVERNED BY HUMAN SERVICES DEPARTMENT › Section 218.12 - Bonds.

218.12 Bonds.
The administrator in charge of any particular institution shall require each officer and any employee of such administrator and of every institution under the administrator’s control who may be charged with the custody or control of any money or property belonging to the state to give an official bond, properly conditioned, and signed by sufficient sureties in a sum to be fixed by the administrator, which bond shall be approved by the administrator, and filed in the office of the secretary of state.
[S13, §2727-a31; C24, 27, 31, 35, 39, §3295; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §218.12]
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 218 - INSTITUTIONS GOVERNED BY HUMAN SERVICES DEPARTMENT › Section 218.13 - Record checks.

218.13 Record checks.
1. For the purposes of this section, unless the context otherwise requires:
a. “Department” means the department of human services.
b. “Institution” means an institution controlled by the department as described in section 218.1.
c. “Resident” means a person committed or admitted to an institution.
2. If a person is being considered for employment involving direct responsibility for a resident or with access to a resident when the resident is alone, or if a person will reside in a facility utilized by an institution, and if the person has been convicted of a crime or has a record of founded child or dependent adult abuse, the department shall perform an evaluation to determine whether the crime or founded abuse warrants prohibition of employment or residence in the facility. The department shall conduct criminal and child and dependent adult abuse record checks of the person in this state and may conduct these checks in other states. The investigation and evaluation shall be performed in accordance with procedures adopted for this purpose by the department.
3. If the department determines that a person, who is employed by an institution or resides in a facility utilized by an institution, has been convicted of a crime or has a record of founded child or dependent adult abuse, the department shall perform an evaluation to determine whether prohibition of the person’s employment or residence is warranted. The evaluation shall be performed in accordance with procedures adopted for this purpose by the department.
4. In an evaluation, the department shall consider the nature and seriousness of the crime or founded child or dependent adult abuse in relation to the position sought or held, the time elapsed since the commission of the crime or founded abuse, the circumstances under which the crime or founded abuse was committed, the degree of rehabilitation, the likelihood that the person will commit the crime or founded abuse again, and the number of crimes or founded abuses committed by the person involved. The department may permit a person who is evaluated to be employed or reside or to continue employment or residence if the person complies with the department’s conditions relating to employment or residence which may include completion of additional training.
5. If the department determines that the person has committed a crime or has a record of founded child or dependent adult abuse which warrants prohibition of employment or residence, the person shall not be employed by an institution or reside in a facility utilized by an institution.
91 Acts, ch 138, §3; 97 Acts, ch 169, §12
Referred to in §218.64, 235A.15
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 218 - INSTITUTIONS GOVERNED BY HUMAN SERVICES DEPARTMENT › Section 218.14 - Dwelling of superintendent or other employee.

218.14 Dwelling of superintendent or other employee.
1. The administrator having control over an institution may, with consent of the director of human services, furnish the superintendent of the institution, in addition to salary, with a dwelling or with appropriate quarters in lieu of the dwelling, or the administrator may compensate the superintendent of the institution in lieu of furnishing a dwelling or quarters. If the superintendent of the institution is furnished with a dwelling or quarters, either of which is owned by the state, the superintendent may also be furnished with water, heat, and electricity.
2. The administrator having control over an institution may furnish assistant superintendents or other employees, or both, with a dwelling or with appropriate quarters, owned by the state. The assistant superintendent or employee, who is so furnished, shall pay rent for the dwelling or quarters in an amount to be determined by the superintendent of the institution, which shall be the fair market rental value of the dwelling or quarters. If an assistant superintendent or employee is furnished with a dwelling or quarters, either of which is owned by the state, the assistant superintendent or employee may also be furnished with water, heat, and electricity. However, the furnishing of these utilities shall be considered in determining the fair market rental value of the dwelling or quarters.
[S13, §2727-a38; SS15, §2713-n2, 2727-a96, 5717; C24, 27, 31, 35, 39, §3297, 3746; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, §218.14, 246.7; C81, §218.14]
83 Acts, ch 96, §157, 159; 2000 Acts, ch 1112, §8
Referred to in §35D.13
Similar provisions, see §35D.13 and 904.305
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 218 - INSTITUTIONS GOVERNED BY HUMAN SERVICES DEPARTMENT › Section 218.15 - Salaries — how paid.

218.15 Salaries — how paid.
The salaries and wages shall be included in the semimonthly payrolls and paid in the same manner as other expenses of the several institutions.
[S13, §2727-a38; C24, 27, 31, 35, 39, §3298; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §218.15]
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 218 - INSTITUTIONS GOVERNED BY HUMAN SERVICES DEPARTMENT › Section 218.17 - Authorized leave.

218.17 Authorized leave.
Vacations and sick leave with pay as authorized in section 70A.1 shall only be taken at such times as the superintendent or the business manager in charge of an officer or employee, as the case may be, may direct, and only after written authorization by the superintendent or business manager, and for the number of days specified in the authorization. A copy of the authorization shall be attached to the institution’s copy of the payroll of the institution, for audit purposes, for the period during which the vacation was taken, and the semimonthly payroll shall show the number of days the person was absent under the authorization.
[S13, §2727-a74c, -a74d; C24, 27, 31, 35, 39, §3300; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §218.17]
2000 Acts, ch 1112, §9
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 218 - INSTITUTIONS GOVERNED BY HUMAN SERVICES DEPARTMENT › Section 218.19 - Districts.

218.19 Districts.
The administrator having control over a type of institution shall, from time to time, divide the state into districts from which the type of institution may receive residents. The particular administrator shall promptly notify the proper county or judicial officers of all changes in the districts.
[S13, §2727-a21; C24, 27, 31, 35, 39, §3302; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §218.19]
83 Acts, ch 96, §159, 160; 2000 Acts, ch 1112, §10
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 218 - INSTITUTIONS GOVERNED BY HUMAN SERVICES DEPARTMENT › Section 218.20 - Place of commitments — transfers.

218.20 Place of commitments — transfers.
Commitments, unless otherwise permitted by the administrator having control over an institution, shall be to the institution located in the district embracing the county from which the commitment is issued. An administrator may, at the expense of the state, transfer a resident of one institution to another like institution.
[S13, §2727-a26; C24, 27, 31, 35, 39, §3303; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §218.20]
83 Acts, ch 96, §159, 160; 2000 Acts, ch 1112, §11
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 218 - INSTITUTIONS GOVERNED BY HUMAN SERVICES DEPARTMENT › Section 218.21 - Record of residents.

218.21 Record of residents.
The administrator of the department of human services in control of a state institution shall, as to every person committed to any of the institutions, keep the following record:
1. Name.
2. Residence.
3. Sex.
4. Age.
5. Nativity.
6. Occupation.
7. Civil condition.
8. Date of entrance or commitment.
9. Date of discharge.
10. Whether a discharge was final.
11. Condition of the person when discharged.
12. The name of the institutions from which and to which such person has been transferred.
13. If dead, the date and cause of the person’s death.
[S13, §2727-a22; C24, 27, 31, 35, 39, §3304; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §218.21]
83 Acts, ch 96, §157, 159, 160; 2018 Acts, ch 1041, §59
Referred to in §218.22
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 218 - INSTITUTIONS GOVERNED BY HUMAN SERVICES DEPARTMENT › Section 218.22 - Record privileged.

218.22 Record privileged.
Except with the consent of the administrator in charge of an institution, or on an order of a court of record, the record provided in section 218.21 shall be accessible only to the administrator of the division of the department of human services in control of such institution, the director of the department of human services and to assistants and proper clerks authorized by such administrator or the administrator’s director. The administrator of the division of such institution is authorized to permit the division of library services of the department of education and the historical division of the department of cultural affairs to copy or reproduce by any photographic, photostatic, microfilm, microcard or other process which accurately reproduces a durable medium for reproducing the original and to destroy in the manner described by law such records of residents designated in section 218.21.
[S13, §2727-a22; C24, 27, 31, 35, 39, §3305; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §218.22]
83 Acts, ch 96, §157, 159, 160; 93 Acts, ch 48, §11; 2011 Acts, ch 132, §40, 106
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 218 - INSTITUTIONS GOVERNED BY HUMAN SERVICES DEPARTMENT › Section 218.23 - Reports to administrator.

218.23 Reports to administrator.
The superintendent of an institution shall, within ten days after the commitment or entrance of a person to the institution, cause a true copy of the person’s entrance record to be made and forwarded to the administrator in control of the institution. When a patient or resident leaves, or is discharged, or transferred, or dies in an institution, the superintendent or person in charge shall within ten days after that date send the information to the office of the institution’s administrator on forms which the administrator prescribes.
[S13, §2727-a22; C24, 27, 31, 35, 39, §3306; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §218.23]
83 Acts, ch 96, §159, 160; 2000 Acts, ch 1112, §12
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 218 - INSTITUTIONS GOVERNED BY HUMAN SERVICES DEPARTMENT › Section 218.24 - Questionable commitment.

218.24 Questionable commitment.
The superintendent is required to immediately notify the administrator in control of the superintendent’s particular institution if there is any question as to the propriety of the commitment or detention of any person received at such institution, and said administrator, upon such notification, shall inquire into the matter presented, and take such action as may be deemed proper in the premises.
[S13, §2727-a29; C24, 27, 31, 35, 39, §3307; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §218.24]
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 218 - INSTITUTIONS GOVERNED BY HUMAN SERVICES DEPARTMENT › Section 218.25 - Religious beliefs.

218.25 Religious beliefs.
The superintendent of an institution, receiving a person committed to the institution, shall inquire of the person as to the person’s religious preference and enter the preference in the book kept for the purpose, and cause the person to sign the book.
[S13, §5718-a1; C24, 27, 31, 35, 39, §3308; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §218.25]
2000 Acts, ch 1112, §13