reglab/statecodes huggingface dataset:
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 236A - SEXUAL ABUSE — PROTECTIVE ORDERS — SERVICES › Section 236A.8 - Emergency orders.

236A.8 Emergency orders.
1. When the court is unavailable from the close of business at the end of the day or week to the resumption of business at the beginning of the day or week, a petition may be filed before a district judge, or district associate judge designated by the chief judge of the judicial district, who may grant emergency relief in accordance with section 236A.7, subsection 1, paragraph “b”, if the district judge or district associate judge deems it necessary to protect the plaintiff from sexual abuse, upon good cause shown in an ex parte proceeding. Present danger of sexual abuse to the plaintiff constitutes good cause for purposes of this subsection.
2. An emergency order issued under subsection 1 shall expire seventy-two hours after issuance. When the order expires, the plaintiff may seek a temporary order from the court pursuant to section 236A.6.
3. A petition filed and emergency order issued under this section and any documentation in support of the petition and order shall be immediately certified to the court. The certification shall commence a proceeding for purposes of section 236A.3.
2017 Acts, ch 121, §11
Referred to in §232.8, 915.50
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 236A - SEXUAL ABUSE — PROTECTIVE ORDERS — SERVICES › Section 236A.9 - Procedure.

236A.9 Procedure.
A proceeding under this chapter shall be held in accordance with the rules of civil procedure, except as otherwise set forth in this chapter and in chapter 664A, and is in addition to any other civil or criminal remedy.
2017 Acts, ch 121, §12
Referred to in §915.50
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 236A - SEXUAL ABUSE — PROTECTIVE ORDERS — SERVICES › Section 236A.10 - Sexual abuse information.

236A.10 Sexual abuse information.
1. Criminal or juvenile justice agencies, as defined in section 692.1, shall collect and maintain information on incidents involving sexual abuse and shall provide the information to the department of public safety in the manner prescribed by the department of public safety.
2. The department of public safety may compile statistics and issue reports on sexual abuse in Iowa, provided individual identifying details of the sexual abuse are deleted. The statistics and reports may include nonidentifying information on the personal characteristics of perpetrators and victims. The department of public safety may request the cooperation of the department of justice in compiling the statistics and issuing the reports. The department of public safety may provide nonidentifying information on individual incidents of sexual abuse to persons conducting bona fide research, including but not limited to personnel of the department of justice.
2017 Acts, ch 121, §13
Referred to in §915.50
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 236A - SEXUAL ABUSE — PROTECTIVE ORDERS — SERVICES › Section 236A.11 - Plaintiff’s address — confidentiality of records.

236A.11 Plaintiff’s address — confidentiality of records.
1. A plaintiff seeking relief from sexual abuse under this chapter may use any of the following addresses as a mailing address for purposes of filing a petition under this chapter, as well as for the purpose of obtaining any utility or other service:
a. The mailing address of a shelter or other agency.
b. A public or private post office box.
c. Any other mailing address, with the permission of the resident of that address.
2. A plaintiff shall report any change of address, whether designated according to subsection 1 or otherwise, to the clerk of court no more than five days after the previous address on record becomes invalid.
3. The entire file or a portion of the file in a sexual abuse case shall be sealed by the clerk of court as ordered by the court to protect the privacy interest or safety of any person.
4. Notwithstanding subsection 3, court orders and support payment records shall remain public records, although the court may order that address and location information be redacted from the public records.
2017 Acts, ch 121, §14
Referred to in §236A.3, 915.50
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 236A - SEXUAL ABUSE — PROTECTIVE ORDERS — SERVICES › Section 236A.12 - Duties of peace officer — magistrate.

236A.12 Duties of peace officer — magistrate.
1. A peace officer shall use every reasonable means to enforce an order or court-approved consent agreement entered under this chapter, an order that establishes conditions of release or is a protective order or sentencing order in a criminal prosecution arising from a sexual abuse, or a protective order under chapter 232. If a peace officer has reason to believe that sexual abuse has occurred, the peace officer shall ask the abused person if any prior orders exist, and shall contact the twenty-four-hour dispatcher to inquire if any prior orders exist. If a peace officer has probable cause to believe that a person has violated an order or approved consent agreement entered under this chapter, an order establishing conditions of release or a protective or sentencing order in a criminal prosecution arising from sexual abuse, or, if the person is an adult, a violation of a protective order under chapter 232, the peace officer shall take the person into custody and shall take the person without unnecessary delay before the nearest or most accessible magistrate in the judicial district in which the person was taken into custody. The magistrate shall make an initial preliminary determination whether there is probable cause to believe that an order or consent agreement existed and that the person taken into custody has violated its terms. The magistrate’s decision shall be entered in the record.
2. If a peace officer has probable cause to believe that a person has violated an order or approved consent agreement entered under this chapter, an order establishing conditions of release or a protective or sentencing order in a criminal prosecution arising from a sexual abuse, or a protective order under chapter 232, and the peace officer is unable to take the person into custody within twenty-four hours of making the probable cause determination, the peace officer shall either request a magistrate to make a determination as to whether a rule to show cause or arrest warrant should be issued, or refer the matter to the county attorney.
3. If the magistrate finds probable cause, the magistrate shall order the person to appear either before the court which issued the original order or approved the consent agreement, or before the court in the jurisdiction where the alleged violation took place, at a specified time not less than five days nor more than fifteen days after the initial appearance under this section. The magistrate shall cause the original court to be notified of the contents of the magistrate’s order.
4. A peace officer shall not be held civilly or criminally liable for acting pursuant to this section provided that the peace officer acts reasonably and in good faith, on probable cause, and the officer’s acts do not constitute a willful and wanton disregard for the rights or safety of another.
2017 Acts, ch 121, §15
Referred to in §664A.3, 664A.7
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 236A - SEXUAL ABUSE — PROTECTIVE ORDERS — SERVICES › Section 236A.13 - Prevention of further abuse — notification of rights — liability.

236A.13 Prevention of further abuse — notification of rights — liability.
1. If a peace officer has reason to believe that sexual abuse has occurred, the officer shall use all reasonable means to prevent further abuse including but not limited to the following:
a. If requested, remaining on the scene as long as there is a danger to an abused person’s physical safety without the presence of a peace officer, including but not limited to staying in the dwelling unit, or if unable to remain on the scene, assisting the person in leaving the residence.
b. Assisting an abused person in obtaining medical treatment necessitated by an assault, including providing assistance to the abused person in obtaining transportation to the emergency room of the nearest hospital.
c. Providing an abused person with immediate and adequate notice of the person’s rights. The notice shall consist of handing the person a document that includes the telephone numbers of shelters, support groups, and crisis lines operating in the area and contains the following statement of rights written in English and Spanish; asking the person to read the document; and asking whether the person understands the rights:
[1] You have the right to ask the court for the following help on a temporary basis:
[a] Keeping your attacker away from you, your home, and your place of work.
[b] The right to stay at your home without interference from your attacker.
[2] You have the right to seek help from the court to seek a protective order with or without the assistance of legal representation. You have the right to seek help from the courts without the payment of court costs if you do not have sufficient funds to pay the costs.
[3] You have the right to file criminal complaints for threats, assaults, or other related crimes.
[4] You have the right to seek restitution against your attacker for harm to yourself or your property.
[5] If you are in need of medical treatment, you have the right to request that the officer present assist you in obtaining transportation to the nearest hospital or otherwise assist you.
[6] If you believe that police protection is needed for your physical safety, you have the right to request that the officer present remain at the scene until you and other affected persons can leave or until safety is otherwise ensured.
2. A peace officer is not civilly or criminally liable for actions pursuant to this section taken reasonably and in good faith.
2017 Acts, ch 121, §16; 2018 Acts, ch 1026, §74
Referred to in §236A.16, 915.50
Similar provisions, §235B.3A, 235E.3, 236.12, 709.22
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 236A - SEXUAL ABUSE — PROTECTIVE ORDERS — SERVICES › Section 236A.14 - Prohibition against referral.

236A.14 Prohibition against referral.
In a criminal action arising from sexual abuse, the prosecuting attorney or court shall not refer or order the parties involved to participate in mediation or other nonjudicial procedures prior to judicial resolution of the action.
2017 Acts, ch 121, §17
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 236A - SEXUAL ABUSE — PROTECTIVE ORDERS — SERVICES › Section 236A.15 - Application for designation and funding as a provider of services for victims of sexual abuse.

236A.15 Application for designation and funding as a provider of services for victims of sexual abuse.
Upon receipt of state or federal funding designated for victims of sexual abuse by the department, a public or private nonprofit organization may apply to the department for designation and funding as a provider of emergency shelter services and support services to victims of sexual abuse. The application shall be submitted on a form prescribed by the department and shall include but not be limited to information regarding services to be provided, budget, and security measures.
2017 Acts, ch 121, §18
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 236A - SEXUAL ABUSE — PROTECTIVE ORDERS — SERVICES › Section 236A.16 - Department powers and duties.

236A.16 Department powers and duties.
1. The department shall do all of the following:
a. Designate and award grants for existing and pilot programs pursuant to this chapter to provide emergency shelter services and support services to victims of sexual abuse.
b. Design and implement a uniform method of collecting data from sexual abuse organizations funded under this chapter.
c. Designate and award moneys for publicizing and staffing a statewide, toll-free telephone hotline for use by victims of sexual abuse. The department may award a grant to a public agency or a private, nonprofit organization for the purpose of operating the hotline. The operation of the hotline shall include informing victims of their rights and of various community services that are available, referring victims to service providers, receiving complaints concerning misconduct by peace officers and encouraging victims to refer such complaints to the office of ombudsman, providing counseling services to victims over the telephone, and providing sexual abuse victim advocacy.
d. Advertise the toll-free telephone hotline through the use of public service announcements, billboards, print and broadcast media services, and other appropriate means, and contact media organizations to encourage the provision of free or inexpensive advertising concerning the hotline and its services.
e. Develop, with the assistance of the entity operating the telephone hotline and other sexual abuse victim services providers, brochures explaining the rights of victims set forth under section 236A.13 and the services of the telephone hotline, and distribute the brochures to law enforcement agencies, victim service providers, health practitioners, charitable and religious organizations, and other entities that may have contact with victims of sexual abuse.
2. The department shall consult and cooperate with all public and private agencies which may provide services to victims of sexual abuse, including but not limited to legal services, social services, prospective employment opportunities, and unemployment benefits.
3. The department may accept, use, and dispose of contributions of money, services, and property made available by an agency or department of the state or federal government, or a private agency or individual.
2017 Acts, ch 121, §19
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 236A - SEXUAL ABUSE — PROTECTIVE ORDERS — SERVICES › Section 236A.17 - Sexual abuse training requirements.

236A.17 Sexual abuse training requirements.
The department, in cooperation with victim service providers, shall work with various professional organizations to encourage organizations to establish training programs for professionals who work in the area of sexual abuse prevention and services. Sexual abuse training may include but is not limited to the following areas:
1. The enforcement of both civil and criminal remedies in sexual abuse matters.
2. The nature, extent, and causes of sexual abuse.
3. The legal rights and remedies available to sexual abuse victims, including crime victim compensation.
4. Services available to sexual abuse victims including the sexual abuse telephone hotline.
5. The duties of peace officers pursuant to this chapter.
6. Techniques for intervention in sexual abuse cases.
2017 Acts, ch 121, §20
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 236A - SEXUAL ABUSE — PROTECTIVE ORDERS — SERVICES › Section 236A.18 - Reference to certain criminal provisions.

236A.18 Reference to certain criminal provisions.
In addition to the provisions contained in this chapter, certain criminal penalties and provisions pertaining to sexual abuse are set forth in chapters 664A and 709 and sections 726.2 and 728.12.
2017 Acts, ch 121, §21
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 236A - SEXUAL ABUSE — PROTECTIVE ORDERS — SERVICES › Section 236A.20 - Mutual protective orders prohibited — exceptions.

236A.20 Mutual protective orders prohibited — exceptions.
A court in an action under this chapter shall not issue mutual protective orders against the victim and the abuser unless both file a petition requesting a protective order.
2017 Acts, ch 121, §23
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 237 - CHILD FOSTER CARE FACILITIES › Section 237.2 - Purpose.

237.2 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, as a result, are subject to difficulty in achieving appropriate physical, mental, emotional, educational, or social development. This chapter shall be construed and administered to further that policy by assuring that child foster care is adequately provided by competently staffed and well-equipped child foster care facilities, including but not limited to residential treatment centers, group homes, and foster family homes.
[C81, §237.2]
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 237 - CHILD FOSTER CARE FACILITIES › Section 237.4 - License required — exceptions.

237.4 License required — exceptions.
An individual or an agency, as defined in section 237.1, shall not provide child foster care unless the individual or agency obtains a license issued by the administrator under this chapter. However, a license is not required of the following:
1. An individual providing child foster care for a total of not more than twenty days in one calendar year.
2. A residential care facility licensed under chapter 135C which is approved for the care of children.
3. A hospital licensed under chapter 135B.
4. A health care facility licensed under chapter 135C.
5. A juvenile detention home or juvenile shelter care home approved under section 232.142.
6. An institution listed in section 218.1.
7. A facility licensed under chapter 125.
8. An individual providing child care as a babysitter at the request of a parent, guardian or relative having lawful custody of the child.
[C27, 31, 35, §3661-a49; C39, §3661.063; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, §237.8; C81, §237.4; 82 Acts, ch 1016, §2]
84 Acts, ch 1050, §1; 87 Acts, ch 44, §2
Referred to in §709.16
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 237 - CHILD FOSTER CARE FACILITIES › Section 237.5 - License application and issuance — denial, suspension, or revocation — provisional licenses.

237.5 License application and issuance — denial, suspension, or revocation — provisional licenses.
1. An individual or an agency shall apply for a license by completing an application to the administrator upon forms furnished by the administrator. The administrator shall issue or reissue a license if the administrator determines that the applicant or licensee is or upon commencing operation will provide child foster care in compliance with this chapter. An initial license for an individual is valid for one year from the date of issuance. After the first two years of licensure, a license for an individual is valid for two years from the most recent date of issuance except that the administrator, within the administrator’s discretion and based upon the performance of the licensee, may require annual renewal of the license or may issue a provisional license pursuant to subsection 3. A license for an agency is valid for up to three years from the date of issuance for the period determined by the administrator in accordance with administrative rules providing criteria for making the determination. The license shall state on its face the name of the licensee, the type of facility, the particular premises for which the license is issued, and the number of children who may be cared for by the facility on the premises at one time. The license shall be posted in a conspicuous place in the physical plant of the facility, except that if the facility is in a single-family home the license may be kept where it is readily available for examination upon request.
2. The administrator, after notice and opportunity for an evidentiary hearing, may deny an application for a license, and may suspend or revoke a license, if the applicant or licensee violates this chapter or the rules promulgated pursuant to this chapter, or knowingly makes a false statement concerning a material fact or conceals a material fact on the license application or in a report regarding operation of the facility submitted to the administrator.
3. The administrator may issue a provisional license for not more than one year to a licensee whose facility does not meet the requirements of this chapter, if written plans to bring the facility into compliance with the applicable requirements are submitted to and approved by the administrator. The plans shall state a specific time when compliance will be achieved. Only one provisional license shall be issued for a facility by reason of the same deficiency.
[C27, 31, 35, §3661-a44, -a46, -a51, -a53, -a54; C39, §3661.058, 3661.060, 3661.065, 3661.067, 3661.068; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, §237.3, 237.5, 237.10, 237.12, 237.13; C81, §237.5]
87 Acts, ch 153, §15; 2002 Acts, ch 1102, §3; 2012 Acts, ch 1039, §1
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 237 - CHILD FOSTER CARE FACILITIES › Section 237.5A - Foster parent training.

237.5A Foster parent training.
1. As a condition for initial licensure, each individual licensee shall complete thirty hours of foster parent training offered or approved by the department. However, if the licensee has completed relevant training or has a combination of completed relevant training and experience, and the department deems such training or combination to be an acceptable equivalent to all or a portion of the initial licensure training requirement, or based upon the circumstances of the child and the licensee the department finds there is other good cause, the department may waive all or a portion of the training requirement. Prior to renewal of licensure, each individual licensee shall also annually complete six hours of foster parent training. The training shall include but is not limited to physical care, education, learning disabilities, referral to and receipt of necessary professional services, behavioral assessment and modification, self-assessment, self-living skills, and biological parent contact. An individual licensee may complete the training as part of an approved training program offered by a public or private agency with expertise in the provision of child foster care or in related subject areas. The department shall adopt rules to implement and enforce this training requirement.
2. A licensee who is unable to complete six hours of foster parent training annually prior to licensure renewal because the licensee is engaged in active duty in the military service shall be considered to be in compliance with the training requirement for licensure renewal.
84 Acts, ch 1279, §25; 87 Acts, ch 117, §1; 2002 Acts, ch 1102, §4; 2004 Acts, ch 1116, §19; 2006 Acts, ch 1159, §6; 2012 Acts, ch 1039, §2
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 237 - CHILD FOSTER CARE FACILITIES › Section 237.6 - Restricted use of facility.

237.6 Restricted use of facility.
A licensee shall not furnish child foster care in a building or on premises not designated in the license. A licensee shall not furnish child foster care to a greater number of children than is designated in the license, unless the administrator so authorizes. Multiple licenses authorizing separate and distinct parts of a facility to provide different categories of child foster care may be issued.
[C27, 31, 35, §3661-a50; C39, §3661.064; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, §237.9; C81, §237.6]
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 237 - CHILD FOSTER CARE FACILITIES › Section 237.7 - Reports and inspections.

237.7 Reports and inspections.
The administrator may require submission of reports by a licensee, and shall cause at least one annual unannounced inspection of each facility to assess the quality of the living situation and to determine compliance with applicable requirements and standards. The inspections shall be conducted by the department of inspections and appeals. The director of the department of inspections and appeals may examine records of a licensee, including but not limited to corporate records and board minutes, and may inquire into matters concerning a licensee and its employees relating to requirements and standards for child foster care under this chapter.
[C27, 31, 35, §3661-a55; C39, §3661.069; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, §237.14; C81, §237.7]
90 Acts, ch 1204, §53
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 237 - CHILD FOSTER CARE FACILITIES › Section 237.9 - Confidential information.

237.9 Confidential information.
A person who receives information from or through the department concerning a child who has received or is receiving child foster care, a relative or guardian of the child, a single-family, home licensee, or an individual employee of a licensee, shall not disclose that information directly or indirectly, except as authorized by section 217.30, or as authorized or required by section 232.69.
[C81, §237.9]
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 237 - CHILD FOSTER CARE FACILITIES › Section 237.11 - Penalty.

237.11 Penalty.
An individual or an agency who provides child foster care without obtaining a license under this chapter or who knowingly violates this chapter or the rules promulgated pursuant to this chapter is guilty of a serious misdemeanor.
[C27, 31, 35, §3661-a57; C39, §3661.071; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, §237.16; C81, §237.11]
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 237 - CHILD FOSTER CARE FACILITIES › Section 237.12 - Injunctive relief.

237.12 Injunctive relief.
An individual or an agency who provides child foster care without obtaining a license under this chapter or who knowingly violates this chapter or the rules promulgated pursuant to this chapter may be temporarily or permanently enjoined by a court in an action brought by the state, a political subdivision of the state or an interested person.
[C58, 62, 66, 71, 73, 75, 77, 79, §237.16; C81, §237.12]
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 237 - CHILD FOSTER CARE FACILITIES › Section 237.13 - Foster home insurance fund.

237.13 Foster home insurance fund.
1. For the purposes of this section, “foster home” means an individual, as defined in section 237.1, subsection 7, who is licensed to provide child foster care and shall also be known as a “licensed foster home”.
2. The foster home insurance fund shall be administered by the department of human services. The fund shall consist of all moneys appropriated by the general assembly for deposit in the fund. The department shall use moneys in the fund to provide home and property coverage for foster parents to cover damages to property resulting from the actions of a foster child residing in a foster home or to reimburse foster parents for the cost of purchasing foster care liability insurance and to perform the administrative functions necessary to carry out this section. The department may establish limitations of liability for individual claims as deemed reasonable by the department.
3. The department of human services shall adopt rules, pursuant to chapter 17A, to carry out the provisions of this section.
88 Acts, ch 1223, §1; 89 Acts, ch 178, §4; 93 Acts, ch 172, §41; 99 Acts, ch 55, §1 – 5; 2001 Acts, ch 135, §1, 2; 2011 Acts, ch 98, §2, 3; 2020 Acts, ch 1121, §56; 2021 Acts, ch 182, §54
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 237 - CHILD FOSTER CARE FACILITIES › Section 237.14 - Enhanced foster care services.

237.14 Enhanced foster care services.
The department shall provide for enhanced foster care services by establishing supplemental per diem or performance-based contracts that include payment of costs relating to payments of principal and interest for bonds and notes issued pursuant to section 16.57 with facilities licensed under this chapter which provide special services to children who would otherwise be placed in a state juvenile institution or an out-of-state program. Before completion of the department’s budget estimate as required by section 8.23, the department shall determine and include in the estimate the amount which should be appropriated for enhanced foster care services for the forthcoming fiscal year in order to provide sufficient services.
90 Acts, ch 1239, §14; 2014 Acts, ch 1080, §84, 98; 2015 Acts, ch 29, §38
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 237 - CHILD FOSTER CARE FACILITIES › Section 237.14A - Reasonable and prudent parent standard — immunity from liability.

237.14A Reasonable and prudent parent standard — immunity from liability.
The department, or any individual, agency, or juvenile shelter care home that applies the reasonable and prudent parent standard reasonably and in good faith in regard to a child in foster care shall have immunity from civil or criminal liability which might otherwise be incurred or imposed. This section shall not remove or limit any existing liability protection afforded under any other law.
2016 Acts, ch 1063, §21
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 237 - CHILD FOSTER CARE FACILITIES › Section 237.15 - Definitions.

237.15 Definitions.
For the purposes of this subchapter unless otherwise defined:
1. “Case permanency plan” means the same as defined in section 232.2, subsection 4, except the plan shall also include the following:
a. The efforts to place the child with a relative.
b. The rationale for an out-of-state placement, and the efforts to prevent such placement, if the child has been placed out-of-state.
c. Time frames to meet the stated permanency goal and short-term objectives.
2. “Child receiving foster care” means a child who is described by any of the following circumstances:
a. The child’s foster care placement is the financial responsibility of the state pursuant to section 234.35.
b. The child is under the guardianship of the department.
c. The child has been involuntarily hospitalized for mental illness pursuant to chapter 229.
d. The child is at-risk of being placed outside the child’s home, the department or court is providing or planning to provide services to the child, and the department or court has requested the involvement of the state or local board.
3. “Court appointed special advocate” means the same as defined in section 232.2.
4. “Family” means the social unit consisting of the child and the biological or adoptive parent, stepparent, brother, sister, stepbrother, stepsister, and grandparent of the child.
5. “Fictive kin” means an adult person who is not a relative of a child but who has an emotionally positive significant relationship with the child or the child’s family.
6. “Local board” means a local citizen foster care review board created pursuant to section 237.19.
7. “Person or court responsible for the child” means the department, including but not limited to the department of human services, agency, or individual who is the guardian of a child by court order issued by the juvenile or district court and has the responsibility of the care of the child, or the court having jurisdiction over the child.
8. “State board” means the child advocacy board created pursuant to section 237.16.
84 Acts, ch 1279, §26; 88 Acts, ch 1233, §1, 2; 89 Acts, ch 296, §22; 90 Acts, ch 1270, §46; 91 Acts, ch 232, §11; 92 Acts, ch 1141, §5; 92 Acts, ch 1231, §40; 94 Acts, ch 1046, §6; 95 Acts, ch 182, §18, 19; 2000 Acts, ch 1067, §13; 2002 Acts, ch 1162, §20, 21; 2016 Acts, ch 1011, §121; 2022 Acts, ch 1055, §2; 2022 Acts, ch 1096, §5
Referred to in §232.97, 234.39
Subsection 2, unnumbered paragraph 1 amended
NEW subsection 5 and former subsections 5 – 7 renumbered as 6 – 8
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 237 - CHILD FOSTER CARE FACILITIES › Section 237.16 - Child advocacy board.

237.16 Child advocacy board.
1. The child advocacy board is created within the department of inspections and appeals. The state board consists of nine members appointed by the governor, subject to confirmation by the senate and directly responsible to the governor. One member shall be an active court appointed special advocate volunteer, one member shall be an active member of a local citizen foster care review board, and one member shall be a judicial branch employee or judicial officer appointed from nominees submitted by the judicial branch. The appointment is for a term of four years that begins and ends as provided in section 69.19. Vacancies on the state board shall be filled in the same manner as original appointments are made.
2. The members of the state board shall annually select a chairperson, vice chairperson, and other officers the members deem necessary. The members may be entitled to receive reimbursement for actual and necessary expenses incurred in the performance of their duties, subject to available funding. Each member of the board may also be eligible to receive compensation as provided in section 7E.6. The state board shall meet at least twice a year.
3. An employee of the department or of the department of inspections and appeals, an employee of a child-placing agency, an employee of an agency with which the department contracts for services for children under foster care, a foster parent providing foster care, or an employee of the district court is not eligible to serve on the state board. However, the judicial branch employee or judicial officer appointed from nominees submitted by the judicial branch in accordance with subsection 1 shall be eligible to serve on the state board.
4. The department and the department of inspections and appeals shall jointly develop written protocols detailing the responsibilities of each department with regard to children under the purview of the state board. The protocols shall be reviewed by the departments on an annual basis.
84 Acts, ch 1279, §27; 86 Acts, ch 1245, §549; 88 Acts, ch 1233, §3; 89 Acts, ch 296, §23; 92 Acts, ch 1141, §6; 92 Acts, ch 1242, §27; 2002 Acts, ch 1162, §22
; 2002 Acts, 2nd Ex, ch 1003, §239, 262
; 2006 Acts, ch 1049, §1; 2022 Acts, ch 1055, §3
Referred to in §10A.104, 232.2, 232.13, 232.147, 232.149A, 235A.15, 237.15, 237.17, 237.20
Confirmation, see §2.32
NEW subsection 4
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 237 - CHILD FOSTER CARE FACILITIES › Section 237.17 - Foster care registry.

237.17 Foster care registry.
1. The state board shall establish a registry of the placements of all children receiving foster care. The agency responsible for the placement shall notify the state board of each placement in accordance with written protocols adopted pursuant to section 237.16, subsection 4. The notification shall include information identifying the child receiving foster care and placement information for that child.
2. The agency responsible for the placement shall submit the case permanency plan and all case permanency plan revisions to a local board in accordance with written protocols adopted pursuant to section 237.16, subsection 4.
84 Acts, ch 1279, §28; 88 Acts, ch 1233, §4; 2022 Acts, ch 1055, §4
Section amended
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 237 - CHILD FOSTER CARE FACILITIES › Section 237.19 - Local citizen foster care review boards.

237.19 Local citizen foster care review boards.
1. The state board shall establish local citizen foster care review boards to review cases of children receiving foster care. The department shall discontinue its foster care review process for those children reviewed by local boards as local boards are established and operating. The state board shall select a minimum of five members and a maximum of seven members to serve on each local board. The actual number of local boards needed and established shall be determined by the state board. The members of each local board shall, to the extent possible, reflect the various racial and ethnic groups and various occupations of their district. A person employed by the state board, the department, or the district court, or an employee of an agency with which the department contracts for services for children under foster care, a foster parent providing foster care, or a child-placing agency shall not serve on a local board.
2. Vacancies on a local board shall be filled in the same manner as original appointments.
3. A local board member shall be required to pass a background check and complete requirements as established by the state board prior to taking an oath of confidentiality to serve on a local board.
4. A local board member shall be required to receive periodic continuing education during each term of service as established by the state board.
84 Acts, ch 1279, §30; 88 Acts, ch 1233, §9; 92 Acts, ch 1141, §8; 2022 Acts, ch 1055, §6
Referred to in §232.13, 232.147, 232.149A, 235A.15, 237.15
Local boards to be established in additional judicial districts as moneys become available;
88 Acts, ch 1233, §21
Section amended
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 237 - CHILD FOSTER CARE FACILITIES › Section 237.22 - Case permanency plan.

237.22 Case permanency plan.
The agency responsible for the placement of the child shall create a case permanency plan. In addition to requirements stated in section 232.2, subsection 4, the plan shall also include but not be limited to:
1. Time frames to meet the stated permanency goal and short-term objectives.
2. The care and services that will be provided to the child, biological parents, the child’s fictive kin, and foster parents.
3. The efforts to place the child with a relative or fictive kin.
4. The rationale for an out-of-state placement, and the efforts to prevent such placement, if the child has been placed out of state.
84 Acts, ch 1279, §33; 88 Acts, ch 1233, §18, 19; 94 Acts, ch 1046, §7; 2022 Acts, ch 1055, §14
Referred to in §237.20
Section amended
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 237 - CHILD FOSTER CARE FACILITIES › Section 237.24 - Court appointed special advocates.

237.24 Court appointed special advocates.
1. A court appointed special advocate shall receive notice of all depositions, hearings, and trial proceedings in a matter to which the court appointed special advocate is appointed.
2. The duties of a court appointed special advocate with respect to a child, unless otherwise enlarged or circumscribed by a court or juvenile court with jurisdiction over the child after a finding of good cause, shall include all of the following:
a. Conducting in-person interviews with the child every thirty days, if the child’s age is appropriate for the interview, and interviewing each parent, guardian, or other person having custody of the child as needed, if authorized by counsel.
b. Visiting the home, residence, or both home and residence of the child and any prospective home or residence of the child, including each time placement is changed.
c. Interviewing any person providing medical, mental health, social, educational, or other services to the child.
d. Obtaining firsthand knowledge, if possible, of the facts, circumstances, and parties involved in the matter in which the court appointed special advocate is appointed.
e. Attending any depositions, hearings, and trial proceedings in a matter to which the court appointed special advocate is appointed for the purpose of supporting the child and advocating for the child’s protection.
f. Assisting the transition committee in the development of a transition plan if the child’s case permanency plan calls for the development of a transition plan.
g. (1) Submitting a written report to the juvenile court and to each of the parties identified in section 237.21, subsection 4, prior to each court hearing unless otherwise ordered by the court.
(2) The report shall include but not be limited to the identified strengths of the child and the child’s family, concerns identified by the court appointed special advocate, the court appointed special advocate’s recommendations regarding the child’s placement, and other recommendations the court appointed special advocate believes are in the child’s best interests.
h. Submitting periodic reports to the court or juvenile court with jurisdiction over a child and interested parties detailing the child’s situation as long as the child remains under the jurisdiction of the court or juvenile court.
i. Filing other reports as ordered by a court or juvenile court.
2022 Acts, ch 1055, §15; 2022 Acts, ch 1098, §65
Referred to in §232.2, 232.126
See Code editor’s note on simple harmonization at the beginning of this Code volume
NEW section
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 237A - CHILD CARE FACILITIES › Section 237A.3 - Child care homes.

237A.3 Child care homes.
1. A person or program providing child care in a child care home is not required to register under section 237A.3A as a child development home. However, the person or program may register as a child development home.
2. If a person or program has been prohibited by the department from involvement with child care, the person or program shall not provide child care as a child care home provider and is subject to penalty under section 237A.19 or injunction under section 237A.20 for doing so.
3. The location at which the child care is provided shall be a single-family residence that is owned, rented, or leased by the person or program providing the child care. For purposes of this subsection, a “single-family residence” includes an apartment, condominium, townhouse, or other individual unit within a multiple unit residential dwelling, but does not include a commercial or industrial building that is primarily used for purposes other than a residence.
[C75, 77, 79, 81, §237A.3; 82 Acts, ch 1016, §3, ch 1213, §4]
90 Acts, ch 1005, §5; 91 Acts, ch 151, §2; 91 Acts, ch 232, §13; 91 Acts, ch 267, §142; 92 Acts, ch 1163, §55; 93 Acts, ch 76, §10, 11; 94 Acts, ch 1129, §2, 3; 97 Acts, ch 151, §2; 99 Acts, ch 192, §3; 2001 Acts, ch 135, §3; 2002 Acts, ch 1142, §11, 31; 2003 Acts, ch 81, §3; 2008 Acts, ch 1187, §119; 2021 Acts, ch 40, §2
Referred to in §237A.1, 237A.19
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 237A - CHILD CARE FACILITIES › Section 237A.4 - Inspection and evaluation.

237A.4 Inspection and evaluation.
The department shall make periodic inspections of licensed centers to ensure compliance with licensing requirements provided in this chapter, and the local boards of health may make periodic inspections of licensed centers to ensure compliance with health-related licensing requirements provided in this chapter. The department may inspect records maintained by a licensed center and may inquire into matters concerning these centers and the persons in charge. The department shall require that the center be inspected by the state fire marshal or a designee for compliance with rules relating to fire safety before a license is granted or renewed. The department or a designee may periodically visit registered child development homes for the purpose of evaluation of an inquiry into matters concerning compliance with rules adopted under section 237A.12. Evaluation of child development homes under this section may include consultative services provided pursuant to section 237A.6.
[C75, 77, 79, 81, §237A.4]
85 Acts, ch 173, §19; 99 Acts, ch 192, §12; 2002 Acts, ch 1142, §13, 31
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 237A - CHILD CARE FACILITIES › Section 237A.6 - Consultative services.

237A.6 Consultative services.
The department shall, and the director of public health may provide consultative services to a person applying for a license or registration, or licensed or registered by the administrator under this chapter.
[C75, 77, 79, 81, §237A.6]
Referred to in §237A.4
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 237A - CHILD CARE FACILITIES › Section 237A.7 - Confidential information.

237A.7 Confidential information.
1. Anyone who acquires through the administration of this chapter information relative to an individual in a child care facility or to a relative of the individual shall not, directly or indirectly, disclose the information except upon inquiry before a court of law or with the written consent of the individual or, in the case of a child, the written consent of the parent or guardian or as otherwise specifically required or allowed by law.
2. This section shall not prohibit the disclosure of information relative to the structure and operation of a facility nor shall it prohibit the statistical analysis by duly authorized persons of data collected by virtue of this chapter, or the publication of the results of the analysis in a manner which does not disclose information identifying individual persons.
[C75, 77, 79, 81, §237A.7]
99 Acts, ch 192, §14
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 237A - CHILD CARE FACILITIES › Section 237A.8 - Violations — actions against license or registration.

237A.8 Violations — actions against license or registration.
The administrator, after notice and opportunity for an evidentiary hearing before the department of inspections and appeals, may suspend or revoke a license or certificate of registration issued under this chapter or may reduce a license to a provisional license if the person to whom a license or certificate is issued violates a provision of this chapter or if the person makes false reports regarding the operation of the child care facility to the administrator or a designee of the administrator. The administrator shall notify the parent, guardian, or legal custodian of each child for whom the person provides child care at the time of action to suspend or revoke a license or certificate of registration.
[C75, 77, 79, 81, §237A.8]
83 Acts, ch 153, §6; 90 Acts, ch 1204, §54; 99 Acts, ch 192, §15
Referred to in §237A.2
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 237A - CHILD CARE FACILITIES › Section 237A.19 - Penalty.

237A.19 Penalty.
1. A person who establishes, conducts, manages, or operates a center without a license commits a serious misdemeanor. Each day of continuing violation after conviction, or notice from the department by certified mail of the violation, shall be considered a separate offense.
2. If registration is required under section 237A.3A, a person who establishes, conducts, manages, or operates a child development home without registering or a person who operates a child development home contrary to section 237A.5, commits a simple misdemeanor. Each day of continuing violation after conviction, or notice from the department by certified mail of the violation, is a separate offense. A single charge alleging continuing violation may be made in lieu of filing charges for each day of violation.
3. A person who establishes, conducts, manages, or operates a child care home in violation of section 237A.3, subsection 2, or a person or program that has been prohibited by the department from involvement with child care but continues that involvement commits a simple misdemeanor. Each day of continuing violation after conviction, or notice from the department by certified mail of the violation, is a separate offense. A single charge alleging continuing violation may be made in lieu of filing charges for each day of violation.
[C77, 79, 81, §237A.19; 82 Acts, ch 1213, §5]
85 Acts, ch 184, §2; 99 Acts, ch 192, §17; 2002 Acts, ch 1142, §19, 31; 2003 Acts, ch 81, §9
Referred to in §237A.3, 237A.5
2023 Iowa Code › Title VI - HUMAN SERVICES › Chapter 237A - CHILD CARE FACILITIES › Section 237A.20 - Injunction.

237A.20 Injunction.
A person who establishes, conducts, manages, or operates a center without a license or a child development home without a certificate of registration, if registration is required under section 237A.3A, may be restrained by temporary or permanent injunction. A person who has been convicted of a crime against a person, a person with a record of founded child abuse, or a person who has been prohibited by the department from involvement with child care may be restrained by temporary or permanent injunction from providing unregistered, registered, or licensed child care or from other involvement with child care. The action may be instituted by the state, the county attorney, a political subdivision of the state, or an interested person.
[C77, 79, 81, §237A.20]
83 Acts, ch 153, §7; 90 Acts, ch 1248, §2; 99 Acts, ch 192, §18; 2002 Acts, ch 1142, §20, 31; 2003 Acts, ch 81, §10
Referred to in §237A.3, 237A.5