reglab/statecodes huggingface dataset:
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 237A - CHILD CARE FACILITIES › Section 237A.23 - Child care training and development system.

237A.23 Child care training and development system.
1. The departments of education, public health, and human services shall jointly establish a leadership council for child care training and development in this state. In addition to representatives of the three departments, the leadership council shall include but is not limited to representatives of community colleges, institutions of higher learning under the state board of regents and private institutions of higher education, the Iowa cooperative extension service in agriculture and home economics, and child care resource and referral service agencies.
2. The charge of the council is to develop a proposal for a statewide child care training and development system and to monitor implementation of the proposal. The purpose of the system is to improve support for persons providing or administering child care services. The system shall be developed in a manner so as to incorporate and enhance existing efforts to provide this support.
3. The proposal for the child care training and development system shall include all of the following elements:
a. Identification of core competencies for providers and administrators that may be incorporated into professional standards.
b. Establishing levels for professional development.
c. Implementing a professional experience registry to track the training, educational attainment, and experience of providers and administrators.
d. Implementing a unified training and technical assistance approach for identifying needs, ensuring equal access, and establishing minimum requirements for training and trainers.
e. Establishing an articulation process to permit recognition of training provided by entities that do not grant academic credit by entities that do grant academic credit.
f. Implementing a financing structure to support the training registry.
g. Identifying other means for enhancing the training and development of persons who provide and administer child care.
4. The proposal shall include an implementation plan and budget provisions and may provide for implementation through a contract with a private nonprofit agency.
99 Acts, ch 192, §21, 38; 2000 Acts, ch 1058, §26
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 237A - CHILD CARE FACILITIES › Section 237A.25 - Consumer information.

237A.25 Consumer information.
1. The department shall develop consumer information material to assist parents in selecting a child care provider. In developing the material, the department shall consult with department of human services staff, department of education staff, the state child care advisory committee, the early childhood Iowa state board, and child care resource and referral services. In addition, the department may consult with other entities at the local, state, and national level.
2. The consumer information material developed by the department for parents and other consumers of child care services shall include but is not limited to all of the following:
a. A pamphlet or other printed material containing consumer-oriented information on locating a quality child care provider.
b. Information explaining important considerations a consumer should take into account in selecting a licensed or registered child care provider.
c. Information explaining how a consumer can identify quality services, including what questions to ask of providers and what a consumer might expect or demand to know before selecting a provider.
d. An explanation of the applicable laws and regulations written in layperson’s terms.
e. An explanation of what it means for a provider to be licensed, registered, or unregistered.
f. An explanation of the information considered in registry and record background checks.
g. Other information deemed relevant to consumers.
3. The department shall implement and publicize an internet page or site that provides all of the following:
a. The written information developed pursuant to subsections 1 and 2.
b. Regular informational updates, including when a child care provider was last subject to a state quality review or inspection and, based upon a final score or review, the results indicating whether the provider passed or failed the review or inspection.
c. Capability for a consumer to be able to access information concerning child care providers, such as informational updates, identification of provider location, name, and capacity, and identification of providers participating in the state child care assistance program and those participating in the child care food program, by sorting the information or employing other means that provide the information in a manner that is useful to the consumer. Information regarding provider location shall identify providers located in the vicinity of an address selected by a consumer and provide contact information without listing the specific addresses of the providers.
d. Other information deemed appropriate by the department.
2003 Acts, 1st Ex, ch 2, §18, 209; 2010 Acts, ch 1031, §357, 361; 2017 Acts, ch 29, §57
Referred to in §237A.4A, 237A.30
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 237A - CHILD CARE FACILITIES › Section 237A.30 - Voluntary child care quality rating system.

237A.30 Voluntary child care quality rating system.
1. The department shall work with the early childhood Iowa office in the department of management established in section 256I.5 and the state child care advisory committee in designing and implementing a voluntary quality rating system for each provider type of child care facility.
2. The criteria utilized for the rating system may include but are not limited to any of the following:
a. Facility type.
b. Provider staff experience, education, training, and credentials.
c. Facility director education and training.
d. An environmental rating score or other direct assessment environmental methodology.
e. National accreditation.
f. Facility history of compliance with law and rules.
g. Child-to-staff ratio.
h. Curriculum, including the extent to which the curriculum focuses on the stages of child development and on child outcomes.
i. Business practices.
j. Staff retention rates.
k. Evaluation of staff members and program practices.
l. Staff compensation and benefit practices.
m. Provider and staff membership in professional early childhood organizations.
n. Parental involvement with the facility.
3. A facility’s quality rating may be included on the internet site and in the consumer information provided by the department pursuant to section 237A.25 and shall be identified in the child care provider referrals made by child care resource and referral service grantees under section 237A.26.
99 Acts, ch 192, §33; 99 Acts, ch 203, §49; 2002 Acts, ch 1142, §27, 28, 31; 2005 Acts, ch 148, §20; 2006 Acts, ch 1010, §76; 2010 Acts, ch 1031, §302, 358, 361; 2013 Acts, ch 90, §257; 2015 Acts, ch 30, §85, 205, 208; 2019 Acts, ch 24, §28
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 237A - CHILD CARE FACILITIES › Section 237A.31 - Employer child care tax credit.

237A.31 Employer child care tax credit.
1. The taxes imposed under chapter 422, subchapter II or III, the franchise tax imposed under chapter 422, subchapter V, the gross premiums tax under chapter 432, or the moneys and credits tax imposed under section 533.329 shall be reduced by an employer child care tax credit equal to the amount of the federal employer-provided child care tax credit provided in section 45F of the Internal Revenue Code the taxpayer was eligible for in the same tax year.
2. Any credit in excess of the tax liability is not refundable but the excess for the tax year may be credited to the tax liability for the following five years or until depleted, whichever is earlier.
3. a. The aggregate amount of tax credits authorized pursuant to this section shall not exceed an aggregate limit of two million dollars annually.
b. To receive a tax credit, a taxpayer must submit an application to the economic development authority in the form and manner prescribed by the authority by rule. The economic development authority shall issue certificates under this section on a first-come, first-served basis, which certificates may be redeemed for tax credits. The economic development authority shall issue such certificates so that not more than the amount authorized for such tax credits under paragraph “a” may be claimed.
4. The department of revenue, in consultation with the economic development authority, shall adopt rules pursuant to chapter 17A to administer this section.
2022 Acts, ch 1148, §22, 28
Referred to in §422.12O, 422.33, 422.60, 432.12O, 533.329
Section applies to tax years beginning on or after January 1, 2023; 2022 Acts, ch 1148, §28
NEW section
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 237C - CHILDREN’S RESIDENTIAL FACILITIES — CERTIFICATION AND INSPECTION › Section 237C.1 - Definitions.

237C.1 Definitions.
As used in this chapter, unless the context otherwise requires:
1. “Administrator” means the administrator of that division of the department designated by the director of human services to administer this chapter or the administrator’s designee.
2. “Child” or “children” means an individual or individuals under eighteen years of age.
3. “Children’s residential facility” means a private facility designed to serve children who have been voluntarily placed for reasons other than an exclusively recreational activity outside of their home by a parent or legal guardian and who are not under the custody or authority of the department of human services, juvenile court, or another governmental agency, that provides twenty-four-hour care, including food, lodging, supervision, education, or other care on a full-time basis by a person other than a relative or guardian of the child, but does not include an entity providing any of the following:
a. Care furnished by an individual who receives the child of a personal friend as an occasional and personal guest in the individual’s home, free of charge and not as a business.
b. Care furnished by an individual with whom a child has been placed for lawful adoption, unless that adoption is not completed within two years after placement.
c. Child care furnished by a child care facility as defined in section 237A.1.
d. Care furnished in a hospital licensed under chapter 135B or care furnished in a health care facility as defined in section 135C.1.
e. Care furnished by a juvenile detention home or juvenile shelter care home approved under section 232.142.
f. Care furnished by a child foster care facility licensed under chapter 237.
g. Care furnished by an institution listed in section 218.1.
h. Care furnished by a facility licensed under chapter 125.
i. Care furnished by a psychiatric medical institution for children licensed under chapter 135H.
4. “Department” means the department of human services.
2016 Acts, ch 1114, §1
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 237C - CHILDREN’S RESIDENTIAL FACILITIES — CERTIFICATION AND INSPECTION › Section 237C.2 - Purpose.

237C.2 Purpose.
It is the policy of this state to provide appropriate protection for children who are separated from the direct personal care of their parents, relatives, or guardians and, therefore, the purpose of this chapter is to provide for the development, establishment, and enforcement of standards relating to the certification of children’s residential facilities.
2016 Acts, ch 1114, §2
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 237C - CHILDREN’S RESIDENTIAL FACILITIES — CERTIFICATION AND INSPECTION › Section 237C.3 - Certification standards — consultation with other agencies.

237C.3 Certification standards — consultation with other agencies.
1. The department of human services shall consult with the department of education, the department of inspections and appeals, the department of public health, the state fire marshal, and other agencies as determined by the department of human services to establish certification standards for children’s residential facilities in accordance with this chapter.
2. Standards established by the department under this chapter shall at a minimum address the basic health and educational needs of children; protection of children from mistreatment, abuse, and neglect; background and records checks of persons providing care to children in facilities certified under this chapter; the use of seclusion, restraint, or other restrictive interventions; health; safety; emergency; and the physical premises on which care is provided by a children’s residential facility. The background check requirements shall be substantially equivalent to those applied under chapter 237 for a child foster care facility provider.
3. Standards established by the department under this chapter shall not regulate religious education curricula at children’s residential facilities.
2016 Acts, ch 1114, §3
Referred to in §237C.4
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 237C - CHILDREN’S RESIDENTIAL FACILITIES — CERTIFICATION AND INSPECTION › Section 237C.4 - Rules and standards — requirements.

237C.4 Rules and standards — requirements.
1. Except as otherwise provided in this section, the department shall adopt rules pursuant to chapter 17A to administer this chapter.
2. Before the administrator issues or reissues a certificate of approval to a children’s residential facility under section 237C.6, the facility shall comply with standards adopted by the state fire marshal under chapter 100.
3. Rules governing sanitation, water, and waste disposal standards for children’s residential facilities shall be adopted by the department of human services in consultation with the director of public health.
4. Rules governing educational programs and education services provided by children’s residential facilities shall be adopted by the state board of education pursuant to section 282.34.
5. In the case of a conflict between rules and standards adopted pursuant to subsections 2 and 3 and local rules and standards, the more stringent requirement applies.
6. Rules adopted under this section shall not regulate religious education curricula at children’s residential facilities.
7. Prior to establishing, proposing, adopting, or modifying a standard or rule under section 237C.3, this section, or section 282.34, the department of human services or the department of education, as applicable, shall, at a minimum, do all of the following:
a. Publish the entire text of the proposed standard, rule, or modification on its internet site.
b. Make every reasonable effort to notify the children’s residential facilities in this state of the proposed standard, rule, or modification.
c. Allow and invite any and all persons interested in the proposed standard, rule, or modification to submit written data, facts, opinions, comments, and arguments, which information shall be made publicly available and shall be filed with and maintained by the applicable department for at least five years from the date of submission to the applicable department.
2016 Acts, ch 1114, §4
Referred to in §282.34
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 237C - CHILDREN’S RESIDENTIAL FACILITIES — CERTIFICATION AND INSPECTION › Section 237C.5 - Certificate of approval — certification required.

237C.5 Certificate of approval — certification required.
A person shall not operate a children’s residential facility without a certificate of approval to operate issued by the administrator under this chapter.
2016 Acts, ch 1114, §5
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 237C - CHILDREN’S RESIDENTIAL FACILITIES — CERTIFICATION AND INSPECTION › Section 237C.6 - Certificate application and issuance — denial, suspension, or revocation.

237C.6 Certificate application and issuance — denial, suspension, or revocation.
1. A person shall apply for a certificate to operate a children’s residential facility by completing and submitting to the administrator an application in a form and format approved by the administrator. The administrator shall issue or reissue a certificate of approval if the administrator determines that the applicant is or upon commencing operation will provide children’s residential facility services in compliance with this chapter. A certificate of approval is valid for up to one year from the date of issuance for the period determined by the administrator in accordance with administrative rules providing criteria for making the determination.
2. The certificate of approval shall state on its face the name of the holder of the certificate, the particular premises for which the certificate is issued, and the number of children who may be cared for by the children’s residential facility on the premises at one time under the certificate of occupancy issued by the state fire marshal or the state fire marshal’s designee. The certificate of approval shall be posted in a conspicuous place in the children’s residential facility.
3. The administrator may deny an application for issuance or reissuance of a certificate of approval or suspend or revoke a certificate of approval if the applicant or certificate holder, as applicable, fails to comply with this chapter or the rules adopted pursuant to this chapter or knowingly makes a false statement concerning a material fact or conceals a material fact on the application for the issuance or reissuance of a certificate of approval or in a report regarding operation of the children’s residential facility submitted to the administrator. All operations of a children’s residential facility shall cease during a period of suspension or revocation. The administrator shall suspend or revoke a certificate of approval of a children’s residential facility that fails to comply with section 282.34.
2016 Acts, ch 1114, §6
Referred to in §237C.4
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 237C - CHILDREN’S RESIDENTIAL FACILITIES — CERTIFICATION AND INSPECTION › Section 237C.8 - Reports and inspections.

237C.8 Reports and inspections.
The administrator may require submission of reports by a certificate of approval holder and shall cause at least one annual unannounced inspection of a children’s residential facility to assess compliance with applicable requirements and standards. The inspections shall be conducted by the department of inspections and appeals in addition to initial, renewal, and other inspections that result from complaints or self-reported incidents. The department of inspections and appeals and the department of human services may examine records of a children’s residential facility and may inquire into matters concerning the children’s residential facility and its employees, volunteers, and subcontractors relating to requirements and standards for children’s residential facilities under this chapter.
2016 Acts, ch 1114, §8
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 237C - CHILDREN’S RESIDENTIAL FACILITIES — CERTIFICATION AND INSPECTION › Section 237C.9 - Injunctive relief — civil action.

237C.9 Injunctive relief — civil action.
1. A person who establishes, conducts, manages, or operates a children’s residential facility without a certificate of approval required pursuant to this chapter, or a children’s residential facility with a certificate of approval that is not operating in compliance with rules adopted pursuant to this chapter or section 282.34, may be restrained by temporary or permanent injunction from providing children’s residential facility services or from other involvement with child care. The action may be instituted by the state or a county attorney.
2. The parent or legal guardian of a child who is placed in a children’s residential facility, the state, the department of education, or the school district in which the children’s residential facility is located, may bring a civil action seeking relief from conduct constituting a violation of this chapter or section 282.34 or to prevent, restrain, or remedy such violation. A civil action brought by the department of education under this subsection shall be limited to seeking relief from conduct constituting a violation of section 282.34. Multiple petitioners may join in a single action under this subsection.
3. If successful in obtaining injunctive relief under this section, the petitioner shall be awarded reasonable attorney fees and court costs.
2016 Acts, ch 1114, §9
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 237C - CHILDREN’S RESIDENTIAL FACILITIES — CERTIFICATION AND INSPECTION › Section 237C.10 - Notice and hearings — judicial review.

237C.10 Notice and hearings — judicial review.
The procedure governing notice and hearing to deny an application or suspend or revoke a certificate of approval shall be in accordance with rules adopted by the department.
2016 Acts, ch 1114, §10
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 238 - CHILD-PLACING AGENCIES › Section 238.1 - Definitions.

238.1 Definitions.
For the purpose of this chapter unless the context otherwise requires:
1. “Administrator” means the administrator of the division of child and family services of the department of human services.
2. “Child” means the same as defined in section 234.1.
3. “Child-placing agency” means any agency, whether public, semipublic, or private, which represents that the agency places children permanently or temporarily in private family homes or receives children for placement in private family homes, or which actually engages for gain or otherwise in the placement of children in private family homes.
4. “Person” or “agency” shall include individuals, institutions, partnerships, voluntary associations, and corporations, other than institutions under the management or control of any division or any administrator of the department of human services.
5. “State division” means the same as defined in section 234.1.
[C27, 31, 35, §3661-a58; C39, §3661.072; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §238.1]
83 Acts, ch 96, §157, 159; 84 Acts, ch 1279, §41; 94 Acts, ch 1046, §8; 96 Acts, ch 1034, §14; 2009 Acts, ch 133, §95
Referred to in §238.17, 600A.2
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 238 - CHILD-PLACING AGENCIES › Section 238.3 - Authority to license.

238.3 Authority to license.
The administrator may grant a license under this chapter for the period specified in section 238.9 for the conduct of any child-placing agency in this state.
[C27, 31, 35, §3661-a60; C39, §3661.074; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §238.3]
2002 Acts, ch 1102, §5
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 238 - CHILD-PLACING AGENCIES › Section 238.4 - Granting of license conditional.

238.4 Granting of license conditional.
No such license shall be issued unless the person applying shall have shown that the person and the person’s agents are properly equipped by training and experience to find and select suitable temporary or permanent homes for children and to supervise such homes when children are placed in them, to the end that the health, morality, and general well-being of children placed by them shall be properly safeguarded.
[C27, 31, 35, §3661-a61; C39, §3661.075; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §238.4]
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 238 - CHILD-PLACING AGENCIES › Section 238.5 - License required.

238.5 License required.
No person shall conduct a child-placing agency or solicit or receive funds for its support without an unrevoked license issued by the administrator within the twelve months preceding to conduct such agency.
[C27, 31, 35, §3661-a62; C39, §3661.076; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §238.5]
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 238 - CHILD-PLACING AGENCIES › Section 238.6 - Form of license.

238.6 Form of license.
The license shall state the name of the licensee and the particular premises in which the business may be carried on.
[C27, 31, 35, §3661-a63; C39, §3661.077; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §238.6]
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 238 - CHILD-PLACING AGENCIES › Section 238.7 - Posting of license.

238.7 Posting of license.
Such license shall be kept posted in a conspicuous place on the licensed premises.
[C27, 31, 35, §3661-a64; C39, §3661.078; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §238.7]
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 238 - CHILD-PLACING AGENCIES › Section 238.8 - Record of license.

238.8 Record of license.
A record of the licenses so issued shall be kept by the administrator.
[C27, 31, 35, §3661-a65; C39, §3661.079; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §238.8]
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 238 - CHILD-PLACING AGENCIES › Section 238.9 - Term of license.

238.9 Term of license.
A license granted under this chapter shall be valid for three years from the date of issuance unless the license is revoked in accordance with section 238.10.
[C27, 31, 35, §3661-a66; C39, §3661.080; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §238.9]
2002 Acts, ch 1102, §6
Referred to in §238.3
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 238 - CHILD-PLACING AGENCIES › Section 238.10 - Revocation of license.

238.10 Revocation of license.
The administrator may, after due notice and hearing, revoke the license:
1. In case the person to whom the same is issued violates any provision of this chapter.
2. When in the opinion of the administrator such agency is maintained in such a way as to waste or misuse funds contributed by the public or without due regard to sanitation or hygiene or to the health, comfort, or well-being of the child cared for or placed by the agency.
3. In case of violation by the licensee or the licensee’s agents of any law of the state in a manner disclosing moral turpitude or unfitness to maintain such agency.
4. In case any such agency is conducted by a person of ill repute or bad moral character.
5. In case said agency operates in persistent violation of the reasonable regulations of the administrator governing such agencies.
[S13, §3260-k; C24, §3663; C27, 31, 35, §3661-a67; C39, §3661.081; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §238.10]
Referred to in §238.9
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 238 - CHILD-PLACING AGENCIES › Section 238.11 - Written charges — findings — notice.

238.11 Written charges — findings — notice.
Written charges against the licensee shall be served upon the licensee at least ten days before hearing shall be had thereon and a written copy of the findings and decisions of the administrator upon hearing shall be served upon the licensee in the manner prescribed for the service of original notice in civil actions.
[C27, 31, 35, §3661-a68; C39, §3661.082; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §238.11]
Service of notice,
R.C.P. 1.302 – 1.315
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 238 - CHILD-PLACING AGENCIES › Section 238.12 - Appeal — judicial review.

238.12 Appeal — judicial review.
1. Any licensee feeling aggrieved by any decision of the administrator revoking the licensee’s license may appeal to the council on human services in the manner of form prescribed by such council. The council shall, upon receipt of such an appeal give the licensee reasonable notice and opportunity for a fair hearing before such council or its duly authorized representative or representatives. Following such hearing the council on human services shall take its final action and notify the licensee in writing.
2. Judicial review of the actions of the council may be sought in accordance with the terms of the Iowa administrative procedure Act, chapter 17A.
[C27, 31, 35, §3661-a69; C39, §3661.083; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §238.12]
83 Acts, ch 96, §157, 159; 2003 Acts, ch 44, §114; 2021 Acts, ch 76, §150
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 238 - CHILD-PLACING AGENCIES › Section 238.16 - Rules and regulations.

238.16 Rules and regulations.
It shall be the duty of the administrator to provide such general regulations and rules for the conduct of all such agencies as shall be necessary to effect the purposes of this chapter and of all other laws of the state relating to children so far as the same are applicable, and to safeguard the well-being of children placed or cared for by such agencies.
[C27, 31, 35, §3661-a73; C39, §3661.087; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §238.16]
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 238 - CHILD-PLACING AGENCIES › Section 238.17 - Forms for registration and record — preservation.

238.17 Forms for registration and record — preservation.
1. The administrator shall prescribe forms for the registration and record of persons cared for by any child-placing agency licensed under this chapter and for reports required by said administrator from the agencies.
2. If, for any reason, a child-placing agency as defined by section 238.1 shall cease to exist, all records of registration and placement and all other records of any kind and character kept by such child-placing agency shall be turned over to the administrator, for preservation, to be kept by the said administrator as a permanent record.
[C27, 31, 35, §3661-a74; C39, §3661.088; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §238.17]
2009 Acts, ch 133, §233
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 238 - CHILD-PLACING AGENCIES › Section 238.18 - Duty of licensee.

238.18 Duty of licensee.
A child-placing agency licensed under this chapter shall keep a record and make reports in the form to be prescribed by the administrator. For a child being placed by the agency, the agency’s duties shall include compliance with the requirements of section 232.108 relating to visitation or ongoing interaction between the child and the child’s siblings.
[C27, 31, 35, §3661-a75; C39, §3661.089; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §238.18]
2007 Acts, ch 67, §6
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 238 - CHILD-PLACING AGENCIES › Section 238.19 - Inspection generally.

238.19 Inspection generally.
Authorized employees of the department of inspections and appeals may inspect the premises and conditions of the agency at any time and examine every part of the agency; and may inquire into all matters concerning the agency and the children in the care of the agency.
[S13, §3260-j; C24, §3669, 3684; C27, 31, 35, §3661-a76; C39, §3661.090; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §238.19]
90 Acts, ch 1204, §55
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 238 - CHILD-PLACING AGENCIES › Section 238.20 - Minimum inspection — record.

238.20 Minimum inspection — record.
Authorized employees of the department of inspections and appeals shall visit and inspect the premises of licensed child-placing agencies at least once every twelve months and make and preserve written reports of the conditions found.
[C27, 31, 35, §3661-a77; C39, §3661.091; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §238.20]
90 Acts, ch 1204, §56; 2007 Acts, ch 172, §11
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 238 - CHILD-PLACING AGENCIES › Section 238.21 - Other inspecting agencies.

238.21 Other inspecting agencies.
Authorized agents of the local board of health in whose jurisdiction a licensed child-placing agency is located may make inspection of the premises.
[C27, 31, 35, §3661-a78; C39, §3661.092; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §238.21]
90 Acts, ch 1204, §57
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 238 - CHILD-PLACING AGENCIES › Section 238.22 - Licensee to aid inspection.

238.22 Licensee to aid inspection.
The licensees shall give all reasonable information to such inspectors and afford them every reasonable facility for obtaining pertinent information.
[C27, 31, 35, §3661-a79; C39, §3661.093; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §238.22]
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 238 - CHILD-PLACING AGENCIES › Section 238.24 - Information confidential — exceptions.

238.24 Information confidential — exceptions.
1. Except as authorized by this section, a person who acquires under this chapter or from the records provided for in this chapter, information relative to any agency or relative to any individual cared for by the agency or relative to any relative of the individual, shall not directly or indirectly disclose the information.
2. Disclosure of information acquired under this chapter or from the records provided for in this chapter is authorized under any of the following circumstances:
a. Disclosure made upon inquiry before a court of law, or before some other tribunal, or for the information of the governor, general assembly, medical examiners, administrator, Iowa department of public health, or the local board of health in the jurisdiction where the agency is located.
b. Disclosure may be made by the administrator to proper persons as may be in the interest of a child cared for by the agency or in the interest of the child’s parents or foster parents and not inimical to the child, or as may be necessary to protect the interests of the child’s prospective foster parents. However, disclosure of termination and adoption records shall be governed by the provisions of sections 600.16 and 600.16A.
c. Disclosure for purposes of statistical analysis performed by duly authorized persons of data collected under this chapter or the publication of the results of such analysis in such manner as will not disclose confidential information.
[C27, 31, 35, §3661-a81; C39, §3661.095; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §238.24]
92 Acts, ch 1196, §2; 2002 Acts, ch 1102, §7
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 238 - CHILD-PLACING AGENCIES › Section 238.31 - Inspection of foster homes.

238.31 Inspection of foster homes.
The administrator shall be satisfied that each licensed child-placing agency is maintaining proper standards in its work, and said administrator may at any time cause the child and home in which the child has been placed to be visited by the administrator’s agents for the purpose of ascertaining whether the home is a suitable one for the child, and may continue to visit and inspect the foster home and the conditions therein as they affect said child.
[C27, 31, 35, §3661-a88; C39, §3661.102; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §238.31]
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 238 - CHILD-PLACING AGENCIES › Section 238.32 - Authority to agencies.

238.32 Authority to agencies.
Any institution incorporated under the laws of this state or maintained for the purpose of caring for, placing out for adoption, or otherwise improving the condition of unfortunate children may, under the conditions specified in this chapter and when licensed in accordance with the provisions of this chapter:
1. Receive children in need of assistance, or delinquent children who are under eighteen years of age, under commitment from the juvenile court, and control and dispose of them subject to the provisions of chapter 232 and chapter 600A.
2. Receive, control, and dispose of all minor children voluntarily surrendered to such institutions.
[S13, §254-a22, 3260-b; C24, §3662; C27, 31, 35, §3661-a89; C39, §3661.103; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §238.32]
Transferring legal custody of a child, §232.102, 232.103
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 238 - CHILD-PLACING AGENCIES › Section 238.42 - Agreement in child placements.

238.42 Agreement in child placements.
Every agency placing a child in a foster home shall enter into a written agreement with the person taking the child, which agreement shall provide that the agency placing the child shall have access at all reasonable times to such child and to the home in which the child is living, and for the return of the child by the person taking the child whenever, in the opinion of the agency placing such child, or in the opinion of the administrator, the best interests of the child shall require it.
[C27, 31, 35, §3661-a97; C39, §3661.111; C46, 50, 54, 58, 62, 66, §238.40; C71, 73, 75, 77, 79, 81, §238.42]
Referred to in §238.43
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 238 - CHILD-PLACING AGENCIES › Section 238.43 - Exceptions.

238.43 Exceptions.
The provisions of section 238.42 shall not apply to children who have been legally adopted.
[C27, 31, 35, §3661-a98; C39, §3661.112; C46, 50, 54, 58, 62, 66, §238.41; C71, 73, 75, 77, 79, 81, §238.43]
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 238 - CHILD-PLACING AGENCIES › Section 238.44 - Contracts for services — liability for costs.

238.44 Contracts for services — liability for costs.
An agency which enters into a contract with a referral agency to provide child placement services is liable for the costs of services which are paid prior to the provision of services, if the services are not subsequently provided.
94 Acts, ch 1174, §5
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 238 - CHILD-PLACING AGENCIES › Section 238.45 - Penalty.

238.45 Penalty.
Every person who violates any of the provisions of this chapter or who intentionally shall make any false statements or reports to the administrator with reference to the matters contained herein, shall be guilty of a fraudulent practice.
[C27, 31, 35, §3661-a100; C39, §3661.114; C46, 50, 54, 58, 62, 66, §238.43; C71, 73, 75, 77, 79, 81, §238.45]
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 239A - PUBLIC WORKS POSITIONS FOR CERTAIN PERSONS › Section 239A.1 - Who may be placed.

239A.1 Who may be placed.
Any person who is receiving or has obtained approval of an application to receive assistance under chapter 239B, and who is eligible under the promoting independence and self-sufficiency through employment job opportunities and basic skills program, may be referred to the department of workforce development for placement in public works positions available pursuant to this chapter or to such other authority as may be applicable.
[C77, 79, 81, §239A.1]
96 Acts, ch 1186, §23; 97 Acts, ch 41, §32
Referred to in §239A.2, 239A.3
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 239A - PUBLIC WORKS POSITIONS FOR CERTAIN PERSONS › Section 239A.2 - Projects determined.

239A.2 Projects determined.
The department of workforce development, in consultation with the director of human services, shall establish a procedure for assignment of persons referred under section 239A.1 to positions available in public works projects. The department of workforce development shall arrange with units of local government for establishment of such projects, which may include any type of work or endeavor that is within the scope of authority of the unit of local government involved so long as the project meets the following requirements:
1. The project must create new employment opportunities and not fund existing employment of persons working for the local government unit or resume funding of projects for which the local government unit has, without fault, terminated employees within the previous six months and has not recalled those employees.
2. The benefits of the project result must inure primarily to the community or public at large.
3. The following conditions of employment must be satisfied:
a. The unit of local government with which the project is arranged must be the employer of the persons hired under the project.
b. The employees under the project must be paid at the same rate as other employees doing similar work for that unit of local government.
c. The employees must be considered regular employees of the unit of local government involved and must be entitled to participate in benefit programs of that unit of local government, including but not limited to workers’ compensation, but shall not be entitled to qualify for unemployment compensation benefits on the basis of employment under the project.
[C77, 79, 81, §239A.2; 82 Acts, ch 1161, §27]
83 Acts, ch 96, §157, 159; 96 Acts, ch 1186, §23
Referred to in §239A.3
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 239A - PUBLIC WORKS POSITIONS FOR CERTAIN PERSONS › Section 239A.3 - Target areas selected.

239A.3 Target areas selected.
The department of workforce development shall select not to exceed two target counties for implementation of sections 239A.1 and 239A.2. In selecting the target county or counties in which this chapter is to be implemented, the department of workforce development shall be guided by the following criteria:
1. The total number of unemployed persons in the county.
2. The number of unemployed persons in the county as a percentage of the available workforce there.
3. The total number of persons receiving assistance under chapter 239B in that county.
4. The number of persons receiving assistance under chapter 239B in that county as a percentage of the total population of the county.
5. The number of unemployed heads of households receiving assistance under chapter 239B in that county.
6. The number of unemployed heads of households receiving assistance under chapter 239B in that county as a percentage of all recipients of such assistance in that county.
[C77, 79, 81, §239A.3]
96 Acts, ch 1186, §23; 97 Acts, ch 41, §32
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 239B - FAMILY INVESTMENT PROGRAM › Section 239B.1 - Definitions.

239B.1 Definitions.
As used in this chapter, unless the context otherwise requires:
1. “Applicant” means a person who files an application for participation in the family investment program under this chapter.
2. “Assistance” means a family investment program payment.
3. “Child” means an unmarried person who is less than eighteen years of age or an unmarried person who is eighteen years of age and is engaged full-time in completing high school graduation or equivalency requirements in a manner which is reasonably expected to result in completion of the requirements prior to the person reaching nineteen years of age.
4. “Department” means the department of human services.
5. “Family” means a family unit that includes at least one child and at least one parent or other specified relative of the child.
6. “Family investment agreement” means the agreement developed with a participant in accordance with section 239B.8.
7. “Family investment program” means the family investment program under this chapter.
8. “Limited benefit plan” means a period of time in which a participant or member of a participant’s family is either eligible for reduced assistance only or ineligible for any assistance under the family investment program, in accordance with section 239B.9.
9. “Minor parent” means an applicant or participant parent who is less than eighteen years of age and has never been married.
10. “Participant” means a person who is receiving full or partial family investment program assistance. For the purposes of sections 239B.8 and 239B.9, “participant” also includes each individual who does not directly receive assistance but who is required to be engaged in work or training options specified in the participant’s family investment agreement entered into under section 239B.8.
11. “PROMISE JOBS program” or “JOBS program” means the promoting independence and self-sufficiency through employment job opportunities and basic skills program created in section 239B.17.
12. “Specified relative” means a person who is, or was at any time, one of the following relatives of an applicant or participant child, by means of blood relationship, marriage, or adoption, or is a spouse of one of the following relatives:
a. Parent.
b. Grandparent.
c. Great-grandparent.
d. Great-great-grandparent.
e. Stepparent of the child, but not the parent of the stepparent.
f. Sibling.
g. Stepsibling.
h. Sibling by at least the half blood.
i. Uncle or aunt by at least the half blood.
j. Great-uncle or great-aunt.
k. Great-great-uncle or great-great-aunt.
l. First cousin.
m. Nephew or niece.
n. Second cousin.
97 Acts, ch 41, §2, 34; 2007 Acts, ch 124, §1
Referred to in §252B.1
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 239B - FAMILY INVESTMENT PROGRAM › Section 239B.2B - Eligibility of noncitizens.

239B.2B Eligibility of noncitizens.
A person who meets the conditions of eligibility under section 239B.2 and who meets either of the following requirements shall be eligible for participation in the family investment program:
1. The person is a conditional resident alien who was battered or subjected to extreme cruelty, or whose child was battered or subjected to extreme cruelty, perpetrated by the person’s spouse who is a United States citizen or lawful permanent resident as described in
8 C.F.R. §216.5(a)(3)
.
2. The person was battered or subjected to extreme cruelty, or the person’s child was battered or subjected to extreme cruelty, perpetrated by the person’s spouse who is a United States citizen or lawful permanent resident and the person’s petition has been approved or a petition is pending that sets forth a prima facie case that the person has noncitizen status under any of the following categories:
a. Status as a spouse or child of a United States citizen or lawful permanent resident under the federal Immigration and Nationality Act, §204(a)(1), as codified in 8 U.S.C. §1154(a)(1)(A).
b. Status as a spouse or child who was battered or subjected to extreme cruelty by a United States citizen or lawful permanent resident, under the federal Immigration and Nationality Act, §204(a)(iii), as codified in 8 U.S.C. §1154(a)(1)(A)(iii).
c. Classification as a person lawfully admitted for permanent residence under the federal Immigration and Nationality Act.
d. Suspension of deportation and adjustment of status under the federal Immigration and Nationality Act, §244(a), as in effect before the date of enactment of the federal Illegal Immigration Reform and Immigrant Responsibility Act of 1996.
e. Cancellation of removal or adjustment of status under the federal Immigration and Nationality Act, §240A, as codified in 8 U.S.C. §1229b.
f. Status as an asylee, if asylum is pending, under the federal Immigration and Nationality Act, §208, as codified in 8 U.S.C. §1158.
2002 Acts, ch 1175, §27
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 239B - FAMILY INVESTMENT PROGRAM › Section 239B.2C - Absence from home — incarceration.

239B.2C Absence from home — incarceration.
An individual family member who is absent from the home for more than three months because the individual is incarcerated in jail or a correctional facility shall not be included in the family unit for purposes of assistance.
2012 Acts, ch 1133, §98
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 239B - FAMILY INVESTMENT PROGRAM › Section 239B.3 - Cash assistance.

239B.3 Cash assistance.
1. a. Within available funding, the department shall provide an ongoing cash assistance grant under the family investment program to a family eligible under section 239B.2.
b. For an eligibility decision involving an applicant family with a specified relative, within thirty days of the date of an application, the department shall authorize issuance of notice of the department’s decision to the specified relative.
2. For an applicant or participant family, the department shall calculate and pay the cash assistance grant on a monthly basis, taking into consideration all of the following:
a. The income and resources of the family.
b. Whether the family has entered into a limited benefit plan.
c. The size of the family.
d. Available funding.
3. The department may pay cash assistance and other cash benefits paid under this chapter by warrant, through a direct deposit to a financial institution of a participant, or through an electronic benefits transfer.
4. The department may pay, from funds appropriated for this purpose, a maximum of four hundred dollars toward funeral expenses on the death of a child who is a participant or has been authorized to participate in the family investment program, provided both of the following conditions apply:
a. The decedent does not leave an estate which may be probated with sufficient proceeds to allow for payment of the funeral expenses.
b. Payments which are due the decedent’s estate or beneficiary by reason of the liability of a life insurance, death or funeral benefit company, association, or society, or in the form of United States social security, railroad retirement, or veterans’ benefits upon the death of the decedent, are deducted from the department’s payment under this section.
97 Acts, ch 41, §4, 34; 99 Acts, ch 100, §2