reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 100 - Child Support Promoting Opportunities for Parents Program › Rule 441-100.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Assigned support arrearages "
means support
				  arrearages for which all rights have been and shall remain assigned to the
				  state of Iowa.
"Bureau chief"
means the chief of the bureau
				  of collections of the department of human services or the bureau chief's
				  designee.
"Child support recovery unit (CSR U) "
means
				  any person, unit, or other agency which is charged with responsibility for
				  providing or assisting in the provision of child support enforcement services
				  pursuant to Title IV-D of the Social Security Act.
"Designatedprovider "
means any project
				  approved in whole or in part by CSRU and approved by the bureau chief to assist
				  parents in overcoming the barriers which interfere with their fulfilling
				  obligations to their children. Each project shall have a project plan approved
				  by the bureau chief.
"Incentives "
means, but is not limited to,
				  satisfaction of support obligations and bypass of select enforcement tools such
				  as license sanction, administrative levy, and contempt.
"Participant"
means a person who receives
				  services or incentives through a project.
"Periodic support payment"
means the total
				  support payment due in each time period in accordance with the established
				  support obligation. If no current support is due, the periodic support payment
				  is equivalent to the last current support amount as would be ordered under
				  441-Chapter 98, Division II.
"Projectplan "
means the written policies,
				  procedures, eligibility criteria and other components, as described at subrule
				  100.3(2).
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 100 - Child Support Promoting Opportunities for Parents Program › Rule 441-100.3 - Establishment of Designated Providers

Current through Register Vol. 47, No. 3, July 24, 2024
CSRU may initiate a request for project plans to become
				  designated providers.
(1)
Contents of a request for project plans.
The request for
				project plans shall contain the requirements for contents of the project plan
				and any other parameter for the specific project being advertised. The request
				shall also contain a deadline by which project plans must be submitted to the
				bureau chief.
(2)
Contents
				of project plans.
Each project shall have and maintain a project plan.
				At a minimum, the project plan shall contain or address the following:
a. The applicant's experience and success at
				integrating collaborations and services essential to the project.
b. The geographic area to be served and
				community need for projected services.
c. The projected number of participants to be
				served and the criteria to be used for the selection and termination of
				participants.
d. The specific
				parenting curriculum to be used. The curriculum must be well-established, have
				a track record of use and be field-tested.
e. A description of the components of the
				curriculum. The components of the curriculum should include personal
				development, responsible parenting, parenting skills, financial
				responsibilities, communication skills, and domestic violence
				prevention.
f. The schedule,
				location, hours of instruction and format for administering the
				curriculum.
g. A description of the
				organization and identification of staff responsible for delivering the
				curriculum. The staff should have experience in group facilitation and be
				certified trainers in the curriculum.
h. A clear explanation of how the curriculum
				and services will be monitored and evaluated, including how the participants
				will be tracked and what data will be collected.
i. Project duration.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 100 - Child Support Promoting Opportunities for Parents Program › Rule 441-100.4 - Selection of Designated Providers

Current through Register Vol. 47, No. 3, July 24, 2024
The bureau chief shall have sole authority to select
				  designated providers. The bureau chief shall select which of the project plans
				  received on or before the deadline date shall be granted the status of
				  designated providers. The selection of designated providers shall be based upon
				  the content of the project plan including, but not limited to, the following
				  criteria:
1. Applicant's
				experience.
2. Geographic area
				selected and community need for the project.
3. Participants to be served and criteria to
				be used to select participants and terminate their participation.
4. The parenting curriculum to be
				used.
5. A description of the
				components of the curriculum.
6.
				The schedule, location, hours of instruction and format for administering the
				curriculum.
7. A description of the
				organization and identification of staff.
8. An explanation of monitoring and
				evaluation.
9. Project
				duration.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 100 - Child Support Promoting Opportunities for Parents Program › Rule 441-100.5 - Termination of Designated Providers

Current through Register Vol. 47, No. 3, July 24, 2024
The bureau chief may immediately terminate CSRU's
				  participation with a designated provider if the designated provider is not
				  fulfilling the terms of its project plan or the designated provider is not
				  fulfilling the terms for CSRU's participation in the project
				  plan.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 100 - Child Support Promoting Opportunities for Parents Program › Rule 441-100.6 - Reports and Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Reports.
Designated providers established under these rules
				shall report to CSRU at least monthly, unless otherwise required by the project
				plan. These reports shall include, but not be limited to, the following:
a. Attendance documentation with the names of
				participants served.
b. Signed
				voluntary consent of participants seeking incentives.
c. Certification of participants completing
				the curriculum.
d. Other
				information as specified in the project plan.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 100 - Child Support Promoting Opportunities for Parents Program › Rule 441-100.7 - Receipt of Incentives

Current through Register Vol. 47, No. 3, July 24, 2024
Participants receiving incentives under these rules may
				  continue to receive the incentives after the termination of these rules or
				  after they are no longer participants only under subrule 100.2(1). Subrule
				  100.2(1) shall apply to a participant or former participant for the full time
				  period allowed in that subrule.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 100 - Child Support Promoting Opportunities for Parents Program › Rule 441-100.8 - Right of Appeal

Current through Register Vol. 47, No. 3, July 24, 2024
Department actions under this chapter are not subject to
				  administrative appeal under 441-Chapter 7.
This rule is intended to implement Iowa Code chapter
				  17A.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XI - Children's Institutions › Chapter 103 - State Training School › Rule 441-103.2 - Admission

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Population guidelines.
The facility population level shall be
				based on the population guidelines that the judicial branch, in consultation
				with the department, develops on the number of individuals who may be placed at
				a juvenile facility at any one time. Pursuant to those guidelines and the
				responsibility of the superintendents for admission of individuals, the
				superintendents and the chief juvenile court officers shall allocate to each
				judicial district the number of children from each district who may be placed
				in the facility for diagnosis and evaluation and for treatment.
(2)
Acceptance of child.
A
				certified copy of the court order which complies with Iowa Code chapter 232
				shall accompany the child to the facility, along with the relevant petitions.
a. A child shall be accepted for evaluation
				as specified in the court order only when a diagnostic bed is
				available.
b. A child shall be
				accepted into the regular program as specified in the court order only when a
				treatment bed is available.
c. A
				child adjudicated as a child in need of assistance shall not be admitted to the
				state training school, except:
(1) For
				diagnosis and evaluation and then only when a current petition is on file that
				alleges the child to have committed a delinquent act, or
(2) When the child is also adjudicated
				delinquent and meets admission criteria for the state training school as a
				delinquent.
d. The
				superintendent or chief juvenile court officer shall notify the court when the
				appropriate space, service, or program is not available so that admission can
				be ordered when the facility can meet the child's needs.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XI - Children's Institutions › Chapter 103 - State Training School › Rule 441-103.3 - Plan of Care

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Individual care plan conference.
At least ten working days
				before the individual care plan conference, the facility shall provide written
				notification of the time, date and nature of the conference to:
a. The individual;
b. The individual's parents;
c. The individual's legal
				representative;
d. The individual's
				juvenile court officer; and
e. The
				court.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XI - Children's Institutions › Chapter 103 - State Training School › Rule 441-103.4 - Communication With Individuals

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Incoming telephone
				calls.
Approval of the superintendent or designee is required for all
				incoming telephone calls for an individual before the conversation occurs. An
				authorized employee shall verify the identity of the caller before approval is
				given. Approved telephone calls shall not be monitored.
(2)
Mail and packages.
a. Outgoing or incoming letters and packages
				shall not be opened, read, censored, or tampered with in any manner except
				that, to search for and seize contraband, an employee may:
(1) Open, but not read, incoming and outgoing
				letters and packages in the presence of the individual to whom the letters and
				packages belong; or
(2) Require
				that the individual open the letters and packages in an employee's presence and
				disclose the contents.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XI - Children's Institutions › Chapter 103 - State Training School › Rule 441-103.5 - Photographing and Recording of Individuals

Current through Register Vol. 47, No. 3, July 24, 2024
An individual's parent or legal representative may take
				  photographs or make audio or video recordings of that individual but shall not
				  be authorized to take photographs or make recordings of any other
				  individual.
(1) With the authorization
				of the superintendent or designee, an individual may take a photograph of
				another individual with that individual's consent.
(2) Use of still or video cameras or voice
				recorders to photograph or record an individual by anyone other than the
				individual, parent, legal representative, or authorized employee shall be
				allowed only with the prior authorization of the superintendent or designee.
a. When granted, authorization to photograph
				or record shall be for one specific use and shall not extend to any other
				use.
b. Photographs and voice or
				video recordings of an individual for public distribution shall be permitted
				only with a signed informed consent from the superintendent and the
				individual's parent or legal representative.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XI - Children's Institutions › Chapter 103 - State Training School › Rule 441-103.6 - Employment of Individual

Current through Register Vol. 47, No. 3, July 24, 2024
Employers that want to hire an individual must obtain
				  approval from the superintendent or designee.
(1) To clarify the employer-individual
				employment agreement, the superintendent or designee shall communicate to the
				individual's employer and document:
a. The
				employer's legal responsibilities, including:
(1) Adherence to child labor laws;
				and
(2) Payment in accordance with
				the Fair Labor Standards Act. Work of a more skilled nature shall be
				compensated accordingly.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XI - Children's Institutions › Chapter 103 - State Training School › Rule 441-103.7 - Temporary Home Visits

Current through Register Vol. 47, No. 3, July 24, 2024
(1) An
				individual may be granted a temporary home visit for up to five days for
				reasons such as:
a. To attend funerals,
				weddings, or holiday functions;
b.
				For job seeking;
c. For the primary
				purpose of exploring and improving family and community relations; or
d. For a preplacement visit to a foster or
				group home to test the appropriateness of such a placement.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XI - Children's Institutions › Chapter 103 - State Training School › Rule 441-103.8 - Grievances

Current through Register Vol. 47, No. 3, July 24, 2024
Any individual who believes the individual's rights have been
				  violated by the state training school or who has a complaint concerning the
				  individual's treatment at the state training school may file a grievance. The
				  individual's parent, family, or legal representative may file a grievance on
				  behalf of the individual by submitting the grievance in writing to the
				  superintendent.
This rule is intended to implement Iowa Code section
				  218.4.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XI - Children's Institutions › Chapter 103 - State Training School › Rule 441-103.9 - Sex Offender Registration

Current through Register Vol. 47, No. 3, July 24, 2024
An individual who has been determined to be a sex offender as
				  defined in Iowa Code section
				  692A.101 must
				  register as a sex offender before release from the state training school unless
				  the juvenile court finds that the individual is exempted from this
				  requirement.
(1)
Notification.
When an individual who is a juvenile offender
				has not previously registered, the superintendent or designee shall provide the
				individual with Form DCI-144, Notification of Registration Requirement, as
				required by the department of public safety in 661-subrule 83.3(1). Failure to
				provide a juvenile offender with the notification form does not relieve the
				juvenile offender of the duty to register with the Iowa sex offender
				registry.
(2)
Exemption
				from registration.
To exempt a juvenile offender from registration,
				the language in the order of adjudication or disposition must clearly state
				that the juvenile offender is exempted from the registration requirement. If a
				court order is silent, the registration requirement applies.
a. If the order language does not clearly
				state that the juvenile offender is exempted from the registration process,
				then the responsibility rests with the juvenile offender to seek a clarifying
				order to be exempt from the registration process. A juvenile offender who seeks
				an exemption from the registration requirement has the obligation to prove that
				the juvenile offender deserves the exemption.
b. When the judicial decision is deferred,
				registration shall be assumed to be required until the court orders otherwise.
				If the court order defers the decision to grant an exemption from registration
				until the juvenile offender's treatment is completed, the language in the order
				should specify who tracks the case until the new court order is issued. If it
				is not clear who tracks the case, the juvenile offender is responsible to seek
				a clarifying order to be exempt from the registration process.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XI - Children's Institutions › Chapter 103 - State Training School › Rule 441-103.10 - Alleged Child Abuse

Current through Register Vol. 47, No. 3, July 24, 2024
The department shall arrange for the investigation of any
				  reported case of alleged child abuse. For cases in which the alleged
				  perpetrator is a facility employee, contractor, or volunteer, or some other
				  department employee, the investigation shall be conducted by an agency other
				  than the department.
This rule is intended to implement Iowa Code section
				  218.4.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XI - Children's Institutions › Chapter 103 - State Training School › Rule 441-103.11 - Cost of Care

Current through Register Vol. 47, No. 3, July 24, 2024
The state training school shall seek to recover a portion of
				  the cost of care from an individual who has unearned income. In determining the
				  amount to be recovered:
1. The
				individual shall be allowed to retain a personal allowance equal to the
				personal allowance amount established by the Social Security Administration for
				the Supplemental Security Income program.
2. The amount recovered shall not exceed the
				actual cost of care.
3. The cost of
				care shall be determined using the average per diem multiplied by the total
				days of care.
4. The superintendent
				may grant a one-time exception to recovery of up to $1,000 for a personal needs
				living expense if an individual is being discharged and has no viable means of
				support upon release.
This rule is intended to implement Iowa Code section 233A.
				  17.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XI - Children's Institutions › Chapter 103 - State Training School › Rule 441-103.12 - Buildings and Grounds

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Tours.
Tours of the facility shall be subject to the prior
				approval of the superintendent or designee. Tours may be scheduled on weekdays
				from 8 a.m. to 4 p.m. by appointment through the superintendent's office.
				Approval shall be based on availability of employee time to conduct the tour
				and the programmatic and security needs of the facility.
(2)
Public use.
Facility
				space shall be for the primary use of the state training school. All public use
				of facility space shall require prior approval of the superintendent or
				designee. Approval for use shall be based on the order of requests received and
				on space availability after the programmatic and security needs of the facility
				are met.
This rule is intended to implement Iowa Code section
				  218.4.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XI - Children's Institutions › Chapter 103 - State Training School › Rule 441-103.13 - Gifts and Bequests

Current through Register Vol. 47, No. 3, July 24, 2024
Gifts or bequests of money, clothing, books, games,
				  recreational equipment or other gifts shall be made directly to the
				  superintendent.
(1) The superintendent
				or designee shall evaluate the gift or bequest in terms of the nature of the
				contribution to the facility program.
(2) The superintendent shall be responsible
				for accepting the gift or bequest and reporting it to the division
				administrator.
a. All monetary gifts or
				bequests shall be acknowledged in writing to the donor.
b. All gifts or bequests with a value of $50
				or more shall be reported to the Iowa ethics and campaign disclosure board
				within 20 days of receipt of the gift or bequest using the board's Form-GB. One
				copy of the completed form shall be sent to the division administrator.
This rule is intended to implement Iowa Code sections
				  8.7
				  and
				  218.4.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XII - Licensing and Approved Standards › Chapter 105 - Juvenile Detention and Shelter Care Homes › Rule 441-105.2 - Buildings and Grounds

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Grounds.
a. An outdoor play area of 75 square feet per
				child shall be provided.
b. The
				play area shall be identified and kept free from hazards that could cause
				injury to a child.
c. Rubbish and
				trash shall be kept separated from the play area.
d. The grounds shall be adequately
				drained.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XII - Licensing and Approved Standards › Chapter 105 - Juvenile Detention and Shelter Care Homes › Rule 441-105.3 - Personnel Policies

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Policies in writing.
The following personnel policies and
				practices of the agency relating to a specific facility shall be described in
				writing and accessible to staff upon request:
a. Affirmative action and equal employment
				opportunity policies and procedures covering the hiring, assignment and
				promotion of employees.
b. Job
				descriptions for all positions.
c.
				Provisions for vacations, holidays and sick leave.
d. Effective, time-limited grievance
				procedures allowing the aggrieved party to bring the grievance to at least one
				level above that party's supervisor.
e. Authorized procedures, consistent with due
				process for the suspension and dismissal of an employee for just cause.
f. Written procedures for annual
				employee evaluation shall be in place for each facility and available to all
				staff upon request.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XII - Licensing and Approved Standards › Chapter 105 - Juvenile Detention and Shelter Care Homes › Rule 441-105.5 - Staff

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Number
				of staff.
a.
Generally.
A sufficient number of child care staff shall be on
				duty at all times so as to provide adequate coverage. The number of staff
				required will vary depending on the size and complexity of the program. All
				facilities shall have at least one staff person on duty. A minimum
				staff-to-child ratio of one child care worker to five children shall be
				maintained at all times children are awake and present in the facility and
				during supervised outings. All child care staff shall be at least 18 years of
				age.
b.
On-call
				system.
There shall be an on-call system to provide supervisory
				consultation. There shall be a written plan documenting this system.
c. Reserved.
d.
Night hours.
At night,
				there shall be a staff person awake in each living unit and making regular
				visual checks throughout the night. The visual checks shall be made at least
				every hour in shelter care and every half hour in detention. A log shall be
				kept of all checks, including the time of the check and any significant
				observations. The minimum staff-to-child ratio must be maintained at 1:16
				during the overnight shift.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XII - Licensing and Approved Standards › Chapter 105 - Juvenile Detention and Shelter Care Homes › Rule 441-105.6 - Intake Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Admissions.
Admission to shelter care or detention shall be in
				accordance with Iowa Code sections
				232.20,232.21
				and
				232.22. In
				no case shall a youth be admitted to detention or shelter care when the
				resulting admission would exceed the facility's approved client capacity. The
				facility and referring agency shall agree upon service responsibilities at the
				time of admission.
(2)
Agency or court order placement.
Each agency or court placing
				a child in a facility shall make available to the facility the following:
a. A placement agreement should accompany the
				child.
When this is not possible, a copy of the placement agreement
				  shall be provided the facility within 24 hours.
b. For court-ordered placements, a copy of
				the court order authorizing placement shall be provided to the facility within
				48 hours.
c. When the child is in
				the facility more than four days, the following information shall be requested
				by the facility if not yet received.
(1) All
				available psychological and psychiatric tests and reports concerning the
				child.
(2) Any available family
				social history.
(3) Any available
				school information.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XII - Licensing and Approved Standards › Chapter 105 - Juvenile Detention and Shelter Care Homes › Rule 441-105.7 - Assessments

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Personal.
At the time of intake and throughout a child's stay,
				individual needs will be identified by staff. The initial and ongoing
				determination of each child's needs will be based on written and verbal
				information from referral sources, observable behavior at intake, initial
				interview with the youth or family, school contacts, physical examination, and
				other relevant materials. The individual assessment shall provide the basis for
				development of a care plan for each youth.
(2)
Educational.
An
				educational assessment shall be developed by the staff and referring worker for
				each child. When appropriate, other agencies such as the public schools and the
				area education agency shall be involved.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XII - Licensing and Approved Standards › Chapter 105 - Juvenile Detention and Shelter Care Homes › Rule 441-105.8 - Program Services

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Service plan.
There shall be a written service plan developed
				for each resident remaining in the facility over four days and completed
				according to the time frames identified for the contracted service. The service
				plan will be based on individual needs determined through the assessment of
				each youth. The service plan shall be developed in consultation with child care
				services, probation services, social services and educational, medical,
				psychiatric and psychological personnel as appropriate. The plan shall include:
a. Identification of specific
				needs;
b. Description of planned
				service;
c. Which staff person(s)
				will be responsible for each element of the plan;
d. Where services are to occur;
e. Frequency of activities or
				services.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XII - Licensing and Approved Standards › Chapter 105 - Juvenile Detention and Shelter Care Homes › Rule 441-105.9 - Medication Management and Administration

Current through Register Vol. 47, No. 3, July 24, 2024
The facility shall have and follow written policies and
				  procedures governing the methods of handling prescription drugs and
				  over-the-counter drugs within the facility. No prescription or narcotic drugs
				  are allowed in the facility without the authorization of a licensed physician
				  or other prescriber authorized by law. Only drugs which have been approved by
				  the federal Food and Drug Administration for use in the United States may be
				  used. No experimental drugs may be used.
(1)
Obtaining prescription
				medications.
Facilities shall permit prescription medications to be
				brought into the facility for a child.
a.
				Prescription medication in its original container, clearly labeled and
				prescribed for the child, may be accepted as legitimate prescription medication
				for the child. The label serves as verification that the medication was ordered
				by an authorized prescriber. Medication shall be prescribed by a provider
				authorized to prescribe the medication. Medication provided to residents shall
				be dispensed only from a licensed pharmacy in the state of Iowa in accordance
				with the pharmacy laws in the Iowa Code, from a licensed pharmacy in another
				state according to the laws of that state, or by a licensed
				physician.
b. Facilities shall
				review size, shape, color, and dosages and contact the identified pharmacy or
				authorized prescriber to confirm legitimacy if contraband is
				suspected.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XII - Licensing and Approved Standards › Chapter 105 - Juvenile Detention and Shelter Care Homes › Rule 441-105.10 - Control Room-juvenile Detention Home Only

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Written policies.
When a
				juvenile detention facility uses a control room as part of its service, the
				facility shall have written policies regarding its use and the facility
				director shall complete Form 470-0700, Evaluation and Recommendation to Operate
				a Control Room. The policy shall:
a. Specify
				the behaviors resulting in control room placement.
b. Delineate the staff members who may
				authorize its use as well as procedures for notification of supervisory
				personnel.
c. Document in writing
				behaviors leading to control room placement and the nature of the agreement
				reached with the child that will allow the child to return to the living
				unit.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XII - Licensing and Approved Standards › Chapter 105 - Juvenile Detention and Shelter Care Homes › Rule 441-105.11 - Clothing

Current through Register Vol. 47, No. 3, July 24, 2024
All children shall have clothing that is suited to existing
				  climate and seasonal conditions and is clean, dry and in good
				  repair
Iowa Administrative Code › Agency 441 - Human Services Department › Title XII - Licensing and Approved Standards › Chapter 105 - Juvenile Detention and Shelter Care Homes › Rule 441-105.12 - Staffings

Current through Register Vol. 47, No. 3, July 24, 2024
The staff shall be available to participate in staffings or
				  upon request to provide a written summary of the child's progress and behavior
				  while in the facility program. Written recommendations regarding future
				  planning and placement shall be provided to the referring agency or court upon
				  request. Staff shall be available to discuss recommendations with the child's
				  parent or guardian.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XII - Licensing and Approved Standards › Chapter 105 - Juvenile Detention and Shelter Care Homes › Rule 441-105.13 - Child Abuse

Current through Register Vol. 47, No. 3, July 24, 2024
Written policies shall prohibit mistreatment, neglect or
				  abuse of children and specify reporting and enforcement procedures for the
				  facility. Alleged violations shall be reported immediately to the director of
				  the facility and appropriate department of human services personnel. Any
				  employee for whom there is a substantiated instance of child abuse or failure
				  to report child abuse shall be subject to the agency's policies concerning
				  dismissal.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XII - Licensing and Approved Standards › Chapter 105 - Juvenile Detention and Shelter Care Homes › Rule 441-105.14 - Daily Log

Current through Register Vol. 47, No. 3, July 24, 2024
The facility shall maintain a daily log to generally record
				  noteworthy occurrences regarding the children in care. Problem areas or unusual
				  behavior for specific children shall be recorded in individual children's
				  records.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XII - Licensing and Approved Standards › Chapter 105 - Juvenile Detention and Shelter Care Homes › Rule 441-105.15 - Children's Rights

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Policies in writing.
All policies and procedures covered in
				this rule shall be in writing and provided to the child upon admission and made
				available to the child's parent or guardian upon request. If the child remains
				in care over four days, the policies and procedures shall be provided to the
				parent or guardian. The rationale and circumstances of any deviation from these
				policies shall be discussed with the child's parents or guardian and the
				referring worker, documented, and placed in the child's case record.
(2)
Confidentiality.
Information regarding children and their families shall be kept confidential
				and released only with proper written authorization.
(3)
Communication.
a. Unless specifically regulated by the
				court, visitation shall be allowed with members of the child's immediate
				family.
b. Family visits shall be
				monitored only to the extent necessary to ensure the child's safety and
				facility security. Rationale for monitoring shall be documented in the child's
				record.
c. The child shall be
				permitted to Communicate privately with legal counsel and the referring
				worker
d. The child shall be
				allowed to conduct telephone conversations with family members. Telephone calls
				shall be monitored only to the extent necessary to ensure the child's
				well-being and facility security. Rationale for monitoring a child's
				conversation shall be documented in the child's record. Incoming calls may be
				screened by staff to verify the identity of the caller before approval is
				given.
e. The staff shall not open
				or read residents' mail. The child shall be allowed to send and receive mail.
				The facility may require the child to open incoming mail in the presence of a
				staff member when the mail is suspected to contain contraband articles, or to
				contain money that should be receipted and deposited.
f. When limitations on visitation or other
				communications are indicated, they shall be determined with the participation
				or knowledge of the child, family or guardian, and the referring worker All
				restrictions shall have specific bases which shall be made explicit to the
				child and family and documented in the child's case record.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XII - Licensing and Approved Standards › Chapter 105 - Juvenile Detention and Shelter Care Homes › Rule 441-105.16 - Discipline

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Generally.
A facility shall have written policies regarding
				methods used for control and discipline of children which shall be available to
				all staff and to the child's family. Discipline shall not include withholding
				of basic necessities such as food, clothing, or sleep. Discipline shall not be
				used for anyone other than a child whose actions resulted in consequences.
				Group discipline shall not be used because of actions of an individual child or
				other children. Agency staff shall be in control of and responsible for
				discipline at all times.
(2)
Corporal punishment prohibited.
The facility shall have a
				policy that clearly prohibits staff or the children from utilizing corporal
				punishment as a method of disciplining or correcting children. This policy
				shall be communicated in writing to all staff of the facility.
(3)
Physical restraint.
The
				use of physical restraint shall be employed only to prevent the child from
				injury to self, to others, or to property. Physical restraint must be conducted
				with the child in a standing position whenever possible.
a. No staff person shall use any restraint
				that obstructs the airway of a child.
b. Prone restraint is prohibited. Staff
				persons who find themselves involved in the use of a prone restraint when
				responding to an emergency must take immediate steps to end the prone
				restraint.
c. If a staff person
				physically restrains a child who uses sign language or an augmentative mode of
				communication as the child's primary mode of communication, the child shall be
				permitted to have the child's hands free of restraint for brief periods unless
				the staff person determines that such freedom appears likely to result in harm
				to the child, others, or property.
d. The rationale and authorization for the
				use of physical restraint and staff action and procedures carried out to
				protect the child's rights and to ensure safety shall be clearly set forth in
				the child's record by the responsible staff persons.
e. A child known to be pregnant may not be
				restrained during labor, delivery, and postpartum recovery, unless credible,
				reasonable grounds exist to believe the detainee presents an immediate and
				serious threat of hurting herself, staff, or others.
f. A facility may not use abdominal
				restraints, leg and ankle restraints, wrist restraints behind the back, and
				four-point restraints on a known pregnant child, unless credible, reasonable
				grounds exist to believe the detainee presents an immediate and serious threat
				of hurting herself, staff, or others or reasonable grounds exist to believe the
				detainee presents an immediate and credible risk of escape that cannot be
				reasonably minimized through any other method.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XII - Licensing and Approved Standards › Chapter 105 - Juvenile Detention and Shelter Care Homes › Rule 441-105.17 - Case Files

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Generally.
For the purpose of promoting a uniformity of
				program for all facilities and as an aid to the department of human services in
				determining its approval of a facility all facilities shall establish and
				maintain for inspection case files on each child.
(2)
Face sheet.
For all
				children, a face sheet containing the following information shall be completed.
a. Full name, current address, and date of
				birth.
b. Parent's(s') full
				name(s).
c. Parent's(s') address
				and telephone number.
d. Religious
				preference of the child and also parent, if available.
e. Statement of who has legal custody and
				guardianship.
f. Name of referring
				worker and agency making the referral.
g. Telephone number and address of referring
				agency or court.
h. Name, address,
				and telephone number of the child's attorney.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XII - Licensing and Approved Standards › Chapter 105 - Juvenile Detention and Shelter Care Homes › Rule 441-105.18 - Discharge

Current through Register Vol. 47, No. 3, July 24, 2024
Children in shelter care should be discharged to, preferably,
				  a permanent placement, or, alternatively, a lower level of care in a familylike
				  setting, at the earliest possible time, preferably within 14 days. The facility
				  shall collaborate with referral workers to assess each child's need for ongoing
				  placement, and the reasons for longer stays shall be documented in the child's
				  case file. Children in detention shall be discharged as determined by the
				  court.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XII - Licensing and Approved Standards › Chapter 105 - Juvenile Detention and Shelter Care Homes › Rule 441-105.19 - Approval

Current through Register Vol. 47, No. 3, July 24, 2024
The department will issue a Certificate of Approval or a
				  certificate of license annually without cost to any juvenile detention home or
				  juvenile shelter care home which meets the standards. The department may offer
				  consultation to assist homes in meeting the standards.
(1)
Applications.
An
				application shall be submitted on Form 470-0723, Application for License or
				Certificate of Approval. The application shall be signed by the operator of the
				home, chairman of the county board of supervisors, or chairman of the
				multicounty board of directors and shall indicate the type of home for which
				the application is made.
a. The withdrawal of
				an application shall be reported promptly to the department.
b. Each application will be evaluated by the
				department to ensure that all standards are met.
c. Reports and information shall be furnished
				to the department as requested.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XII - Licensing and Approved Standards › Chapter 105 - Juvenile Detention and Shelter Care Homes › Rule 441-105.20 - Provisional Approval

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Required conditions.
The administrator may issue a provisional
				license for not more than one year when a facility does not meet the
				requirements of this chapter and the facility submits a written corrective
				action plan that is approved by the administrator to bring the facility into
				compliance with the applicable requirements.
(2)
Written report.
The
				department or the department's designee will provide a report identifying the
				reasons for the provisional license and the standards that have not been
				met.
(3)
Corrective
				action.
The director of the facility, chairperson of the county board
				of supervisors, or chairperson of the multicounty board of directors shall
				provide the department with a written plan of action that is approved by the
				department for correcting the deficiencies to bring the facility into
				compliance with the applicable requirements. The plan shall give specific dates
				by which the corrective action will be completed.
(4)
Completed corrective
				action.
When the corrective action is completed on or before the date
				specified, a full approval shall be issued.
(5)
Uncompleted corrective
				action.
When the corrective action is not completed by the date
				specified on a provisional approval, the department shall not grant a full
				approval and has the option of rejecting or extending the provisional approval.
				An extension of a provisional approval shall not cause the effective period of
				a provisional approval to exceed 18 months. If the corrective action plan is
				not completed within 18 months, the approval shall be rejected.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XII - Licensing and Approved Standards › Chapter 105 - Juvenile Detention and Shelter Care Homes › Rule 441-105.22 - Chemical Restraint

Current through Register Vol. 47, No. 3, July 24, 2024
Chemical restraint shall not be utilized in juvenile shelter
				  care or detention facilities. Each juvenile shelter care or detention facility
				  shall have written policies which clearly prohibit the use of chemical
				  restraints.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XII - Licensing and Approved Standards › Chapter 105 - Juvenile Detention and Shelter Care Homes › Rule 441-105.23 - Mandatory Reporting of Child Abuse and Training

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Mandatory reporters.
All
				defined in Iowa Code section
				232.69
				who, in the scope of professional practice or in their employment
				responsibilities, examine, attend, counsel, or treat a child and reasonably
				believe a child has suffered abuse shall make a report in accordance with Iowa
				Code section
				232.69
				whenever the provider reasonably believes a child for whom the provider is
				providing foster care has suffered abuse.
(2)
Required training.
Mandatory reporters shall receive training relating to the identification and
				reporting of child abuse as required by Iowa Code section
				232.69.
(3)
Training documentation.
Each licensee shall develop and maintain a written record for each mandatory
				reporter in order to document the content and amount of training.
This rule is intended to implement Iowa Code section
				  232.69.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XII - Licensing and Approved Standards › Chapter 106 - Certification Standards for Children's Residential Facilities › Rule 441-106.2 - Application of the Standards

Current through Register Vol. 47, No. 3, July 24, 2024
These rules shall apply to all facilities that meet the
				  definition of "children's residential facility" pursuant to Iowa Code chapter
				  23 7C. In the event that a children's residential facility is also subject to
				  licensure, certification, registration, or regulation pursuant to another
				  provision of law, those legal requirements shall take precedence over these
				  rules.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XII - Licensing and Approved Standards › Chapter 106 - Certification Standards for Children's Residential Facilities › Rule 441-106.3 - Application for a Certificate of Approval

Current through Register Vol. 47, No. 3, July 24, 2024
A person shall not operate a children's residential facility
				  without a certificate of approval to operate issued by the
				  administrator.
(1)
Right to
				apply.
a. Any adult individual or
				agency may apply for a certificate of approval.
b. Parties wishing to apply for certification
				as a children's residential facility shall contact the department using the
				department's Web site or by contacting the Iowa Department of Human Services,
				Division of Adult, Children and Family Services, Attn: children's residential
				facility certification, 1305 East Walnut Street, Des Moines, Iowa 50319-0114.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XII - Licensing and Approved Standards › Chapter 106 - Certification Standards for Children's Residential Facilities › Rule 441-106.4 - Certificate of Approval

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A new
				certificate of approval shall be obtained when the certified location moves or
				the facility is remodeled.
(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) A
				children's residential facility shall operate only in a building or on premises
				designated in the certificate of approval.
(4) A new certificate of approval shall be
				requested when the children's residential facility wishes to be certified for a
				different number of children.
(5)
				The department shall issue Form 470-0620, Certificate of Approval, without cost
				to any children's residential facility that meets the standards. The department
				may offer consultation to assist applicants in meeting the standards.
(6) Children's residential facilities shall
				be certified for a term of one year. This rule is intended to implement Iowa
				Code sections
				237C.6
				and
				237C.7.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XII - Licensing and Approved Standards › Chapter 106 - Certification Standards for Children's Residential Facilities › Rule 441-106.5 - Denial, Suspension, or Revocation

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The administrator may deny an application
				for issuance or reissuance of a certificate of approval if:
a. The applicant or certificate holder, as
				applicable, fails to comply with these rules 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.
b. The applicant
				or any person residing in the children's residential facility or any facility
				staff has a record of founded child abuse unless an evaluation of the founded
				abuse has been made by the department which concludes that the abuse does not
				merit prohibition of employment, volunteer work, or certification.