reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 441 - Human Services Department › Title XII - Licensing and Approved Standards › Chapter 106 - Certification Standards for Children's Residential Facilities › Rule 441-106.6 - Providing for Basic Needs

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A
				children's residential facility shall provide the following for children in its
				care:
a. Adequate shelter.
b. Nourishing food and water.
c. Opportunities for adequate sleep,
				exercise, cleanliness, and health maintenance.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XII - Licensing and Approved Standards › Chapter 106 - Certification Standards for Children's Residential Facilities › Rule 441-106.7 - Educational Programs and Services

Current through Register Vol. 47, No. 3, July 24, 2024
A children's residential facility operating under a
				  certificate of approval issued under Iowa Code chapter 23 7C shall comply with
				  rules adopted by the state board of education pursuant to Iowa Code section
				  282.34.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XII - Licensing and Approved Standards › Chapter 106 - Certification Standards for Children's Residential Facilities › Rule 441-106.8 - Protection From Mistreatment, Physical Abuse, Sexual Abuse, and Neglect

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The state of
				Iowa prohibits child abuse as defined in Iowa Code chapter 232, criminal
				assault, and other criminal acts of violence. A children's residential facility
				shall not use discipline that amounts to child abuse or a criminal act of
				assault or violence.
(2) A
				children's residential facility's written policies shall:
a. Prohibit mistreatment, physical abuse,
				sexual abuse, and neglect of children.
b. Specify reporting and enforcement
				procedures for the children's residential facility. Alleged violations shall be
				reported immediately to the director of the facility and appropriate department
				of human services personnel.
c.
				Prohibit the use of corporal punishment. The facility's policies shall clearly
				prohibit staff or the children from utilizing corporal punishment as a method
				of discipline or correcting children.
d. These policies shall be communicated in
				writing to all staff of the facility.
This rule is intended to implement Iowa Code section
				  237C.3.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XII - Licensing and Approved Standards › Chapter 106 - Certification Standards for Children's Residential Facilities › Rule 441-106.9 - Discipline

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Generally. The
				facility shall have written policies, which shall be available to all staff and
				to the child's family, regarding methods used for control and discipline of
				children. Agency staff shall be in control of and responsible for discipline at
				all times. Discipline shall not include the withholding of basic necessities
				such as food, clothing, or sleep.
(2) Corporal punishment is 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 is to be communicated in writing to all staff of the
				facility.
(3) The administration of
				discipline by a child to another child is prohibited.
(4) Behavior expectations. The facility shall
				make available to the child and the child's parents or guardian written
				policies regarding the following areas:
a. The
				general expectation of behavior, including the facility's rules and
				practices.
b. The range of
				reasonable consequences that may be used to deal with inappropriate
				behavior.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XII - Licensing and Approved Standards › Chapter 106 - Certification Standards for Children's Residential Facilities › Rule 441-106.10 - Record Checks

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A
				children's residential facility shall conduct record checks for:
a. Any owner, director, staff member,
				volunteer, or other person who performs duties under a subcontract with the
				children's residential facility and who:
(1)
				Has direct responsibility for children, or
(2) Has access to a child when the child is
				alone.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XII - Licensing and Approved Standards › Chapter 106 - Certification Standards for Children's Residential Facilities › Rule 441-106.11 - Seclusion and Restraints

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A
				children's residential facility shall not physically restrain a child unless
				necessary to prevent the child from hurting self, others, or property. Physical
				restraint must be conducted in a standing position whenever possible. Prone
				restraint is prohibited.
a. No staff person
				shall use any restraint that obstructs the airway of a child.
b. 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.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XII - Licensing and Approved Standards › Chapter 106 - Certification Standards for Children's Residential Facilities › Rule 441-106.13 - Safety

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A children's
				residential facility shall provide a sufficient number of staff to ensure safe
				practices that are based on the ages and needs of the children in care to
				ensure adequate supervision and child safety. This requirement applies to
				daytime and overnight hours.
(2)
				Poison control centers' telephone numbers shall be posted in prominent
				locations and readily available. All poisonous or caustic drugs or materials
				shall:
a. Be plainly labeled.
b. Be stored separately from other drugs in a
				specific, well-illuminated cabinet, closet, or storeroom.
c. Be stored in a manner that prevents
				accidental or intentional ingestion.
d. Be accessible only to authorized persons.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XII - Licensing and Approved Standards › Chapter 106 - Certification Standards for Children's Residential Facilities › Rule 441-106.14 - Emergencies

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A children's
				residential facility shall have written emergency plans for responding to
				evacuations, fires, tornadoes, floods, blizzards, other weather incidents,
				power failures, bomb threats, chemical spills, earthquakes, or other natural or
				man-made disasters that could create structural damage to the children's
				residential facility or pose health or safety hazards.
a. The emergency plans shall include
				guidelines for responding to situations involving intruders within the
				children's residential facility and grounds, intoxicated persons, lost or
				abducted children, and evacuations.
b. Emergency plans shall be coordinated with
				county emergency planning agencies.
c. Evacuations and how to seek protective
				shelter shall be practiced periodically.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XII - Licensing and Approved Standards › Chapter 106 - Certification Standards for Children's Residential Facilities › Rule 441-106.15 - Buildings and Physical Premises

Current through Register Vol. 47, No. 3, July 24, 2024
A children's residential facility shall ensure that the
				  facility and grounds, playground surfaces and other areas, and all related
				  equipment are safe and free from hazards.
(1) A children's residential facility shall
				comply with requirements established by the fire marshal for the applicable
				type of occupancy and shall comply with any applicable additional fire safety
				requirements established by local ordinance, including fire
				inspections.
(2) A children's
				residential facility shall be structurally sound. Any new facility or existing
				facility that is extensively renovated shall be constructed in compliance with
				applicable requirements of the state of Iowa building code established pursuant
				to Iowa Code chapter 103 A and with any local building code in force at the
				time of construction.
(3) A
				children's residential facility located in a building built before 1960 shall
				conduct a visual assessment for lead hazards that exist in the form of peeling
				or chipping paint.
a. If the presence of
				peeling or chipping paint is found, the paint shall be presumed to be
				lead-based paint unless a certified inspector as defined in department of
				public health rules at 641-Chapter 70 determines that the paint is not
				lead-based.
b. In the absence of
				the determination that peeling or chipping paint is not lead-based, a
				children's residential facility shall use safe work methods as defined by the
				state department of public health to eliminate human exposure or likely
				exposure to lead-based paint hazards.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XII - Licensing and Approved Standards › Chapter 106 - Certification Standards for Children's Residential Facilities › Rule 441-106.16 - Sanitation, Water, and Waste Disposal

Current through Register Vol. 47, No. 3, July 24, 2024
In the case of a conflict between rules and standards
				  adopted pursuant to this chapter and local rules and standards, the more
				  stringent requirement applies.
(1)
Bathroom facilities.
a.
				Bathrooms shall have an adequate supply of hot and cold running
				water.
b. Each bathroom shall be
				properly equipped with toilet tissue, towels, soap, and other items required
				for personal hygiene unless children are individually given these items. Paper
				towels, when used, and toilet tissue shall be in dispensers.
c. Toilets and baths or showers shall provide
				for individual privacy.
d. There
				shall be a shower or tub for each ten children or portion thereof.
e. Tubs and showers shall have slip-proof
				surfaces.
f. At least one toilet and
				one lavatory shall be provided for each six children or portion
				thereof.
g. Toilet facilities shall
				be provided with natural or artificial ventilation capable of removing odors
				and moisture.
h. Toilet facilities
				adjacent to a food preparation area shall be separated completely by an
				enclosed solid door.
i. All toilet
				facilities shall be kept clean.
j.
				When more than one stool is used in one bathroom, partitions providing privacy
				shall be used.
k. Toilets, wash
				basins, and other plumbing or sanitary facilities shall be maintained in good
				operating condition.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XII - Licensing and Approved Standards › Chapter 106 - Certification Standards for Children's Residential Facilities › Rule 441-106.17 - Staffing

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Children's
				residential facility staff shall be 21 years of age or older with appropriate
				training and experience related to job duties.
(2) A children's residential facility shall
				have written policies and procedures regarding staff supervision, development,
				training requirements, and orientation to children's residential facility
				policies and practices.
(3) A
				children's residential facility shall provide a sufficient number of staff to
				ensure proper supervision and child safety at all times and at all activities
				conducted by a children's residential facility off its premises.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XII - Licensing and Approved Standards › Chapter 106 - Certification Standards for Children's Residential Facilities › Rule 441-106.18 - Reports and Inspections

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
				administrator may require submission of reports by a certificate of approval
				holder and shall cause at least one annual unannounced inspection of a
				children's residential facility to assess compliance with applicable
				requirements and standards.
(2) The
				inspections shall be conducted by the department of inspections and appeals in
				addition to initial, renewal, and other inspections that result from complaints
				or self-reported incidents.
(3) The
				department of inspections and appeals and the department of human services may
				examine records of a children's residential facility and may inquire into
				matters concerning the children's residential facility and its employees,
				volunteers, and subcontractors relating to requirements and standards for
				children's residential facilities under this chapter. These rules are intended
				to implement Iowa Code chapter 23 7C.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XII - Licensing and Approved Standards › Chapter 106 - Certification Standards for Children's Residential Facilities › Rule 441-106.19 - Mandatory Reporting of Child Abuse

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Mandatory reporters.
Any
				employee, operator, owner, or other person who performs duties for a children's
				residential facility shall make a report, in accordance with Iowa Code section
				232.69,
				whenever that person reasonably believes a child for whom the person is
				providing care has suffered abuse.
(2)
Required training.
Staff
				shall receive training relating to the identification and reporting of child
				abuse as required by Iowa Code section
				232.69.
(3)
Training documentation.
The certified children's residential facility shall develop and maintain a
				written record for each employee, operator, owner, or other person who performs
				duties for the children's residential facility 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 107 - Certification of Adoption Investigators › Rule 441-107.1 - Introduction

Current through Register Vol. 47, No. 3, July 24, 2024
Persons with academic qualifications and adoption work
				  experience may be certified by the department to provide adoption preplacement
				  investigations, postplacement supervision, and reports to the
				  court.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XII - Licensing and Approved Standards › Chapter 107 - Certification of Adoption Investigators › Rule 441-107.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Adoption work experience "
means supervised
				  employment in adoption services, which includes direct provision of adoption
				  services, developing adoption policies, conducting training related to adoption
				  services, oversight and review of adoption documents and activities, and direct
				  supervision of adoption workers. Only the percent of time related to provision
				  of adoption services shall be considered as adoption work experience when job
				  duties involve activities other than adoption services.
"Certified adoption investigator"
means a
				  person authorized by the department to provide background reports on birth
				  parents, adoption preplacement investigations, postplacement supervision, and
				  reports to the court within the state of Iowa.
"Department"
means the department of human
				  services.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XII - Licensing and Approved Standards › Chapter 107 - Certification of Adoption Investigators › Rule 441-107.3 - Application

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Application form.
Application for certification as an adoption
				investigator shall be made on Form SS-6105-0, Application for Certification of
				Adoption Investigator. This form may be obtained from the Division of Adult,
				Children, and Family Services, Department of Human Services, Hoover State
				Office Building, Des Moines, Iowa 50319-0114.
(2)
Employees of licensed child
				placing agencies and the department of human services.
Persons
				employed as social workers in licensed child placing agencies who meet the
				requirements for certification in rule
				441-107.4
				(600) are eligible to apply for certification as adoption investigators unless
				the agency employing them objects in writing. The applicant shall furnish a
				letter of approval from the agency as part of the certification process.
Persons employed as social workers for the department of
				  human services who meet the requirements for certification in rule
				  441-107.4
				  (600) are eligible to apply for certification as adoption investigators for
				  services provided outside of their current job duties, unless their current job
				  duties include any of the following:
a. Any of the activities described in rule
				441-107.8
				(600).
b. Immediate supervision of
				employees engaged in activities described in rule
				441-107.8
				(600).
c. Certification of adoption
				investigators.
d. Placement of
				children for adoption.
e.
				Development of adoption policies used in administration of the adoption
				program.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XII - Licensing and Approved Standards › Chapter 107 - Certification of Adoption Investigators › Rule 441-107.4 - Requirements for Certification

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Office
				location.
The applicant shall retain an office in Iowa where all Iowa
				adoption reports and records of fees are maintained and are available for
				inspection.
(2)
Education
				and experience.
a. If the applicant
				was initially certified as an adoption investigator before October 1, 1991, the
				applicant shall have one of the following combinations of education and
				experience:
(1) Graduation from an accredited
				four-year college or university and adoption work experience equivalent to a
				total of three years, full-time experience.
(2) A bachelor's degree in social work from
				an accredited four-year college or university in a program accredited by the
				council on social work education and adoption work experience equivalent to a
				total of two years, full-time experience.
(3) A master's degree in social work from an
				accredited college or university in a program accredited by the council on
				social work education and adoption work experience equivalent to a total of one
				year, full-time experience.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XII - Licensing and Approved Standards › Chapter 107 - Certification of Adoption Investigators › Rule 441-107.5 - Granting, Denial, or Revocation of Certification

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Granting of certification.
When all of the requirements of
				this chapter are met, certification shall be granted.
(2)
Denial or revocation of
				certification.
a. Certification or
				recertification shall be denied or revoked when one or more of the following
				conditions exist:
(1) The applicant does not
				comply with the requirements listed in subrules 107.4(1), 107.4(2), and
				107.4(4), and rules 441-107.10 (600) and
				441-107.11 (600).
(2) The applicant does not provide
				information required in subrule 107.4(3).
(3) The applicant has willfully or knowingly
				misrepresented information regarding qualifications for
				certification.
(4) When information
				about the certified investigator is received and verified by the department of
				inspections and appeals such as, but not limited to, failure to carry out the
				activities and duties as stated in this chapter, charging fees in excess of
				those specified in subrule 107.8(5) and breaches of confidentiality, and the
				effect of the investigator's actions would be detrimental to any of the parties
				to the adoption. Complaints involving the reasonable exercise of professional
				judgment in the denial or approval of a preplacement investigation are not
				grounds for decertification.
(5)
				The investigator, after being warned in writing by the licensor, provided
				incomplete or inadequate information or inaccurate information in required
				reports as described in rule
				441-107.8 (600).
(6) The applicant has a founded child abuse,
				dependent adult abuse or criminal record conviction, unless an evaluation of
				the founded abuse or criminal conviction is conducted by the department of
				inspections and appeals which concludes that the abuse or crime does not merit
				prohibition of certification.
(7)
				The investigator aids or participates in an illegal placement or violates the
				statutes of Iowa Code chapter 600.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XII - Licensing and Approved Standards › Chapter 107 - Certification of Adoption Investigators › Rule 441-107.6 - Certificate

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Contents.
Form SS-1204-0, Certificate of Adoption
				Investigator, shall contain the name of the investigator and the expiration
				date of the certificate and be signed by a person designated by the director of
				the department.
(2)
Time
				limit.
The investigator shall be certified for two years.
				Certification shall expire at the end of two years unless the investigator has
				made timely application for recertification. No provisional certificates shall
				be issued.
(3)
Records of
				certifications.
a. The department
				shall keep records of certifications including the application and
				verifications.
b. The department
				shall keep an alphabetical list of certified adoption investigators by
				districts and shall update the list at least semiannually. Lists of certified
				adoption investigators shall be furnished to all district offices of the
				department and to any person who requests a list.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XII - Licensing and Approved Standards › Chapter 107 - Certification of Adoption Investigators › Rule 441-107.7 - Renewal of Certification

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Request for renewal.
A currently certified investigator who
				wishes to be recertified shall notify the department in writing at least 30
				days but no more than 60 days prior to the expiration of the certificate. To be
				recertified, the person shall submit anew application on Form SS-6105-0,
				Application for Certification of Adoption Investigator. If no application is
				submitted, the certification shall expire.
(2)
Evaluation of
				investigator.
Upon receipt of the request for recertification, the
				department investigators' records shall be reviewed and evaluated by the
				licensor to determine whether the requirements of these rules have been met.
				This evaluation shall include the review of 20 percent, or no fewer than four,
				of the adoption records opened since the last review for certification and the
				fees assessed clients. Reports of investigations shall be available to the
				licensor during the review for recertification, or at any other time upon
				request by the licensor.
When deficiencies are noted at the time of review, the
				  investigator shall be given 7 to 30 days to meet the standards set forth in
				  441-Chapter 107. The deficiencies shall be noted in writing and the
				  investigator shall sign a statement that includes agreement to the
				  following:
a. The deficiencies noted
				by the licensor, including the areas of 441-Chapter 107 which are not
				met.
b. A plan for correcting the
				deficiencies.
c. The date by which
				the deficiencies will be corrected.
When the deficiencies are corrected within the time frame
				  granted, the certificate will be renewed. Deficiencies not corrected within the
				  allowed time frame are grounds for revocation of the investigator's
				  certificate.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XII - Licensing and Approved Standards › Chapter 107 - Certification of Adoption Investigators › Rule 441-107.9 - International Adoptions Postplacement Report

Current through Register Vol. 47, No. 3, July 24, 2024
(1) For an adoption based on a decree issued
				by a foreign jurisdiction within the United States, the certified adoption
				investigator shall conduct a postplacement investigation and issue a
				postplacement report as required in 441-subrule 108.9(5).
(2) For an adoption based on a decree issued
				by a jurisdiction outside the United States, a certified adoption investigator
				shall conduct a postplacement investigation that consists of a minimum of three
				face-to-face visits with the minor person and the adoptive parents during the
				first year after placement with the first such visit to be conducted within 60
				days of the placement of the minor person in the adoptive home. Additional
				visits shall be conducted if required by the jurisdiction that issued the
				decree.
(3) The postplacement
				investigation and report under this rule shall include documentation that any
				unique needs of the minor person are being met appropriately through the
				placement.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XII - Licensing and Approved Standards › Chapter 107 - Certification of Adoption Investigators › Rule 441-107.10 - Retention of Adoption Records

Current through Register Vol. 47, No. 3, July 24, 2024
The adoption investigator shall maintain a record of each
				  family or child when one or more of the required reports have been completed.
				  The record shall contain copies of all completed reports and a statement of
				  fees charged by the investigator.
(1)
Access to records.
The provisions regarding sealing of and
				access to adoption records in Iowa Code section
				600.16
				shall be followed, except that access under subrule 107.10(3) for
				recertification is permitted.
(2)
Disposition of records.
Upon revocation, denial of renewal, or
				expiration of certification, all sealed records held by investigators shall be
				forwarded to the department.
(3)
Access for recertification.
Authorized representatives of the
				department shall have access to all records of reports completed within a
				two-year period prior to recertification for purposes of recertification.
				Authorized representatives shall respect the confidential nature of these
				records.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XII - Licensing and Approved Standards › Chapter 107 - Certification of Adoption Investigators › Rule 441-107.11 - Reporting of Violations

Current through Register Vol. 47, No. 3, July 24, 2024
All violations or suspected violations under Iowa Code
				  chapter 600 or 600A which come to the attention of the investigator shall be
				  reported in writing to the district court having jurisdiction of the matter and
				  to the department of human services. The investigator shall maintain copies of
				  these written reports to the court and the department.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XII - Licensing and Approved Standards › Chapter 108 - Licensing and Regulation of Child-placing Agencies › Rule 441-108.2 - Licensing Procedure

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Right to apply.
Any person or agency has the right to make
				application for a child-placing license. When applying for a child-placing
				license, the applicant shall indicate the services for which licensure is being
				requested.
(2)
Application.
An agency or person applying for a license shall
				complete Form 470-0723. The application shall be completed and signed by the
				administrator or the appropriate officer and submitted to the department.
a. The applicant shall report withdrawal of
				an application to the department within 30 days of the withdrawal
				decision.
b. Each application shall
				be evaluated by the department to ensure that all requirements are
				met.
c. The applicant shall provide
				requested reports and information relevant to the licensing determination to
				the department.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XII - Licensing and Approved Standards › Chapter 108 - Licensing and Regulation of Child-placing Agencies › Rule 441-108.3 - Administration and Organization

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Statement of purpose.
The agency shall have a written statement of its child-placing philosophy,
				purpose, and program. The statement shall contain a description of services and
				methods for service delivery and a description of the persons for whom the
				services will be provided. The statement shall be available to the
				public.
(2)
Governing
				board.
The agency shall have a governing board which, together with
				the executive, shall be responsible for making policy and for financing and
				general management of the agency. The governing board may be either the board
				of directors or the owners of the agency. If the governing board is a board of
				directors, the following rules shall apply:
a. The agency shall provide for continuity of
				board membership.
b. The board
				shall meet regularly for the purpose of ensuring the proper operation of the
				agency and fulfilling its responsibilities.
c. The minutes of each meeting of the board
				shall be kept and made a part of the permanent record of the agency.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XII - Licensing and Approved Standards › Chapter 108 - Licensing and Regulation of Child-placing Agencies › Rule 441-108.5 - Staffing Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Number of staff.
The agency shall employ a sufficient number
				of competent staff to perform duties as required by licensing rules for those
				programs operated by the agency. This shall include the following:
a. Administration of services offered by the
				agency.
b. Selection and
				appointment of qualified staff.
c.
				Provision for staff training.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XII - Licensing and Approved Standards › Chapter 108 - Licensing and Regulation of Child-placing Agencies › Rule 441-108.7 - Foster Care Services

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Program statement.
An agency authorized to place children in
				foster care shall have a current written program statement. This statement
				shall be made available to all agency foster parents, foster children, their
				parents, referring agencies, and all persons making formal inquiry regarding
				foster care. The program statement shall include all of the following:
a. Types of foster care provided.
b. Types of children accepted for foster
				care.
c. Types of services provided
				to the children, their families, and their foster families.
d. Fees and application costs, if
				any.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XII - Licensing and Approved Standards › Chapter 108 - Licensing and Regulation of Child-placing Agencies › Rule 441-108.9 - Adoption Services

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Program statement.
a. An
				agency licensed to place children for adoption shall have a current written
				program statement which shall include all of the following:
(1) Characteristics of children to be
				placed.
(2) Eligibility
				requirements for adoptive families.
(3) Services provided during the adoption
				process.
(4) Services to the birth
				parents upon relinquishment.
(5)
				Postadoption services to adoptive families, if offered.
(6) Explanation of all fees and any other
				costs for which the adoptive family is responsible for payment.
(7) A statement that payment of fees does not
				ensure adoption approval.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XII - Licensing and Approved Standards › Chapter 108 - Licensing and Regulation of Child-placing Agencies › Rule 441-108.10 - Supervised Apartment Living Placement Services

Current through Register Vol. 47, No. 3, July 24, 2024
An agency seeking to obtain a child-placing license which
				  authorizes the agency to place or supervise children in supervised apartment
				  living placements shall meet the standards in rules
				  441-108.2 (238) to
				  441-108.6 (238).
(1)
Program statement.
An
				agency authorized to place or supervise children in supervised apartment living
				placements shall have a current written program statement which shall be
				provided to all children placed in supervised apartment living. The statement
				shall include all of the following:
a. A
				description of the types of living arrangements approved by the
				agency.
b. The eligibility
				requirements for the children who may be placed in a supervised apartment
				living placement.
c. The means of
				financial support for the children.
d. The expectations the agency has for
				children while placed in a supervised apartment living placement.
e. Services provided to the
				children.
f. Provisions for
				emergency medical care.
g. A
				description of the education and community activity options that are
				available.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XII - Licensing and Approved Standards › Chapter 109 - Child Care Centers › Rule 441-109.2 - Licensure Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Application for license.
a.
				Any adult or agency has the right to apply for a license. The application for a
				license shall be made to the department on a department-provided application
				for a license to operate a child care center.
b. Requested reports including the fire
				marshal's report and other information relevant to the licensing determination
				shall be furnished to the department upon application and renewal. A building
				owned or leased by a school district or accredited nonpublic school that
				complies with rules adopted by the state fire marshal for school buildings is
				considered appropriate for use by a child care facility.
c. When a center makes a sufficient
				application for an initial license, the center may operate for a period of up
				to 120 calendar days from the date of issuance of the form granting permission
				to open without a license, pending a final licensing decision. A center has
				made a sufficient application when it has had an on-site visit and has
				submitted the following to the department:
(1)
				An application for a license.
(2)
				An approved fire marshal's report.
(3) A floor plan indicating room descriptions
				and dimensions, including location of windows and doors.
(4) Information sufficient to determine that
				the center director meets minimum personnel qualifications.
d. Applicants shall submit the
				regulatory fee as specified in subrule 109.2(7) to the department's division of
				fiscal management.
e. Applicants
				shall be notified of approval or denial of initial applications within 120 days
				from the date the application is submitted.
(1) If the applicant has been issued a form
				granting permission to open without a license, the applicant shall be notified
				of approval or denial within 120 calendar days of the date of issuance of the
				form.
(2) No full or provisional
				license shall be issued before payment of the applicable regulatory fee as
				determined pursuant to subrule 109.2(7).
f. The department shall not act on a
				licensing application for 12 months after an applicant's child care center
				license has been denied or revoked.
g. When the department has denied or revoked
				a license, the applicant or person shall be prohibited from involvement with
				child care unless the department specifically permits involvement through a
				record check decision.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XII - Licensing and Approved Standards › Chapter 109 - Child Care Centers › Rule 441-109.3 - Inspection and Evaluation

Current through Register Vol. 47, No. 3, July 24, 2024
The department shall conduct an unannounced on-site visit in
				  order to make a licensing recommendation for all initial and renewal
				  applications for licensure and shall determine compliance with licensing
				  standards imposed by licensing laws and these rules when a complaint is
				  received.
(1) At least one unannounced
				on-site visit shall be conducted each calendar year.
(2) After each visit and complaint, the
				department shall document whether a center was in compliance with center
				licensing standards imposed by licensing laws and these rules.
(3) The written documentation of the
				department's conclusion as to whether a center was in compliance with licensing
				standards for all licensing visits and complaints shall be available to the
				public. However, the identity of the complainant shall be withheld unless
				expressly waived by the complainant.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XII - Licensing and Approved Standards › Chapter 109 - Child Care Centers › Rule 441-109.5 - Parental Participation

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Unlimited access.
Parents shall be afforded unlimited access
				to their children and to the provider caring for their children during the
				center's hours of operation or whenever their children are in the care of a
				provider, unless parental contact is prohibited by court order. The provider
				shall inform all parents of this policy in writing at the time the child is
				admitted to the center.
(2)
Parental evaluation.
If requested by the department, centers
				shall assist the department in conducting an annual survey of parents being
				served by their center. The department shall notify centers of the time frames
				for distribution and completion of the survey and the procedures for returning
				the survey to the department. The purpose of the survey shall be to increase
				parents' understanding of developmentally appropriate and safe practice,
				solicit statewide information regarding parental satisfaction with the quality
				of care being provided to children and obtain the parents' perspective
				regarding the center's compliance with licensing requirements.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XII - Licensing and Approved Standards › Chapter 109 - Child Care Centers › Rule 441-109.7 - Professional Growth and Development

Current through Register Vol. 47, No. 3, July 24, 2024
The center director, on-site supervisor, and staff counted as
				  part of the staff ratio shall meet the following minimum staff training
				  requirements:
(1)
Required
				training within the first three months of employment.
During their
				first three months of employment, all staff shall receive the following
				training:
a. Two hours of Iowa's training for
				mandatory reporting of child abuse.
b. At least one hour of training regarding
				universal precautions and infectious disease control.
c. Certification in American Red Cross,
				American Heart Association, American Safety and Health Institute, or MEDIC
				First Aid infant, child, and adult cardiopulmonary resuscitation (CPR) or
				equivalent certification approved by the department. A valid certificate
				indicating the date of training and expiration date shall be
				maintained.
d. Certification in
				infant, child, and adult first aid that uses a nationally recognized curriculum
				or is received from a nationally recognized training organization, including
				the American Red Cross, American Heart Association, the National Safety
				Council, the American Safety and Health Institute, or MEDIC First Aid or an
				equivalent certification approved by the department. A valid certificate
				indicating the date of training and expiration date shall be
				maintained.
e. Minimum health and
				safety trainings, approved by the department, in the following areas:
(1) Prevention and control of infectious
				disease, including immunizations.
(2) Prevention of sudden infant death
				syndrome and use of safe sleep practices.
(3) Administration of medication, consistent
				with standards for parental consent.
(4) Prevention of and response to emergencies
				due to food and allergic reactions.
(5) Building and physical-premises safety,
				including identification of and protection from hazards that can cause bodily
				injury, such as electrical hazards, bodies of water, and vehicular
				traffic.
(6) Prevention of shaken
				baby syndrome and abusive head trauma.
(7) Emergency preparedness and response
				planning for emergencies resulting from a natural disaster or a human-caused
				event.
(8) Handling and storage of
				hazardous materials and the appropriate disposal of biocontaminants.
(9) Precautions in transporting
				children.
(10) Child development.
Minimum health and safety training may be required if content
				  has significant changes which warrant that the training be renewed.
Child care staff employed in programs that only serve
				  children over the age of three are exempt from taking health and safety
				  trainings under subparagraphs 109.7(1)
"e"
(2) and
				  109.7(1)
"e"
(6).
Iowa Administrative Code › Agency 441 - Human Services Department › Title XII - Licensing and Approved Standards › Chapter 109 - Child Care Centers › Rule 441-109.8 - Staff Ratio Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Staff requirements.
Persons counted as part of the staff ratio
				shall meet the following requirements:
a. Be
				at least 16 years of age. However, a staff person under the age of 18 may not
				be the sole provider on the premises of a child care facility.
b. Be involved with children in programming
				activities.
c. At least one staff
				person on duty in the center when children are present and present on field
				trips shall be over the age of 18.
d. Staff persons under the age of 18 shall
				not provide transportation to children in care.
e. If staff persons under the age of 18 are
				providing child care services without an adult, they shall only provide care to
				school-aged children.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XII - Licensing and Approved Standards › Chapter 109 - Child Care Centers › Rule 441-109.9 - Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Personnel records.
The center shall maintain personnel
				information sufficient to ensure that persons employed in the center meet
				minimum staff and training requirements and do not pose any threat to the
				health, safety, or well-being of the children. Each employee's file shall
				contain, at a minimum, the following:
a. A
				statement signed by each individual indicating whether or not the individual
				has any conviction of violating any law in any state or has any record of
				founded child abuse or dependent adult abuse in any state.
b. Copies of all records checks kept in
				accordance with state and federal law regarding confidentiality of records
				checks. These records shall include:
(1) A
				copy of a DHS criminal history record check form or any other permission form
				approved by the department of public safety for conducting an Iowa or national
				criminal history record check.
(2)
				A copy of a request for child abuse information form, when
				applicable.
(3) Copies of the
				results of Iowa records checks conducted through the SING for review by the
				department upon request.
(4) Copies
				of national criminal history check results.
(5) Any department-issued documents sent to
				the center related to a records check, regardless of
				findings.
c.
				Reserved.
d. A physical examination
				report. Personnel shall have good health as evidenced by a preemployment
				physical examination. Acceptable physical examinations shall be documented on
				Form 470-5152, Child Care Provider Physical Examination Report. The examination
				shall be performed within six months prior to beginning employment and shall be
				repeated at least every three years.
e. Documentation showing the minimum staff
				training requirements as outlined at rule 441-109.7(237A) are met, including
				current certifications in first aid and cardiopulmonary resuscitation (CPR) and
				Iowa's training for the mandatory reporting of child abuse.
f. A photocopy of a valid driver's license if
				the staff will be involved in the transportation of
				children.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XII - Licensing and Approved Standards › Chapter 109 - Child Care Centers › Rule 441-109.10 - Health and Safety Policies

Current through Register Vol. 47, No. 3, July 24, 2024
The child care center shall establish definite health
				  policies, including the criteria for excluding a sick child from the center.
				  The policies shall be consistent with the recommendations of the National
				  Health and Safety Performance Standards and shall include, but are not limited
				  to:
(1)
Physical examination
				report.
a.
Preschool-age
				children.
For each child five years of age and younger not enrolled in
				kindergarten, the child care center shall require an admission physical
				examination report, submitted within 30 days from the date of admission, signed
				by a licensed medical doctor, doctor of osteopathy, chiropractor, physician's
				assistant or advanced registered nurse practitioner. The date of the physical
				examination shall be no more than 12 months prior to the first day of
				attendance at the center. The written report shall include past health history,
				status of present health including allergies, medications, and acute or chronic
				conditions, and recommendations for continued care when necessary. Annually
				thereafter, a statement of health condition, signed by a licensed medical
				doctor, doctor of osteopathy, chiropractor, physician's assistant or advanced
				registered nurse practitioner, shall be submitted that includes any change in
				functioning, allergies, medications, or acute or chronic conditions.
b.
School-age children.
For
				each child five years of age and older and enrolled in school, the child care
				center shall require, prior to admission, a statement of health status signed
				by the parent or legal guardian that certifies that the child is free of
				communicable disease and that specifies any allergies, medications, or acute or
				chronic conditions. The statement from the parent shall be submitted annually
				thereafter.
c.
Religious
				exemption.
Nothing in this rule shall be construed to require medical
				treatment or immunization for staff or the child of any person who is a member
				of a church or religious organization which has guidelines governing medical
				treatment for disease that are contrary to these rules. In these instances, an
				official statement from the organization shall be incorporated in the personnel
				or child's file.