reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 441 - Human Services Department › Title XVI - Alternative Living › Chapter 200 - Adoption Services › Rule 441-200.5 - Termination of Parental Rights

Current through Register Vol. 47, No. 3, July 24, 2024
The department shall not place a child in an approved
				  adoptive home until parental rights of the child's birth parents have been
				  terminated and guardianship assigned to the department. If one or both birth
				  parents are deceased, the worker shall provide the court with verification of
				  the birth parents' death and the death shall be stated in the guardianship
				  order. When the termination of parental rights is appealed by a birth parent,
				  an adoptive placement may be made if the adoptive parents sign an adoptive
				  placement agreement that includes an acknowledgment of the conditions of the
				  placement should termination be overturned. However, the adoption may not be
				  finalized until the appeal is withdrawn or a final decision regarding the
				  appeal is reached and a procedendo issued.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XVI - Alternative Living › Chapter 200 - Adoption Services › Rule 441-200.5 - Interstate Placements

Current through Register Vol. 47, No. 3, July 24, 2024
Interstate placement of a child into Iowa, or out of Iowa,
				  shall follow interstate placement of child procedures in accordance with Iowa
				  Code sections 232.158 through
				  232.166.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XVI - Alternative Living › Chapter 200 - Adoption Services › Rule 441-200.6 - Requests for Home Studies

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Court-ordered.
Court-ordered home studies for adoption of a
				child or children under the authority of the department shall be completed by
				the department's contractor.
(2)
Interstate compact.
Requests for an adoptive home study
				through the interstate compact process shall be completed by the department's
				contractor.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XVI - Alternative Living › Chapter 200 - Adoption Services › Rule 441-200.7 - Reasons for Denial

Current through Register Vol. 47, No. 3, July 24, 2024
(1) An
				individual or family shall be denied approval of an adoptive home study for any
				of the following reasons unless an evaluation determines that denial is
				improper:
a. Founded child abuse report or
				dependent adult abuse report.
b.
				Criminal conviction.
c. Documented
				concerns. Concerns may be documented in one or more of the following areas:
(1) Motivation to adopt.
(2) Child-rearing ability and
				practices.
(3) Emotional
				stability.
(4) Physical or mental
				health.
(5) Interpersonal
				relationships.
(6)
				Finances.
(7) Marital
				relationship.
(8) Other areas that
				may impact the applicant's ability to meet the needs of a child both at present
				and in the future.
d.
				Substance abuse. Verified substance use or abuse that prevents the family from
				adequately caring for the child shall mean denial of approval.
e. Lack of cooperation. If the individual or
				family fails to cooperate in providing the information needed to complete the
				preplacement assessment or home study, the application shall be
				denied.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XVI - Alternative Living › Chapter 200 - Adoption Services › Rule 441-200.8 - Interstate Placements

Current through Register Vol. 47, No. 3, July 24, 2024
Interstate placement of a child into Iowa, or out of Iowa,
				  shall follow interstate placement of child procedures in accordance with Iowa
				  Code sections
				  232.158
				  through
				  232.166.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XVI - Alternative Living › Chapter 200 - Adoption Services › Rule 441-200.8 - Removal of Child From Preadoptive Family

Current through Register Vol. 47, No. 3, July 24, 2024
When the department determines that it is in the child's best
				  interest to be removed from a preadoptive family, a Letter of Removal form
				  shall be mailed to the family prior to removal. Removal of a child from a
				  preadoptive family is not an appealable action.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XVI - Alternative Living › Chapter 200 - Adoption Services › Rule 441-200.9 - Consents

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A
				request for consent to the adoption shall be submitted to the guardian for a
				child who is under the guardianship of the department and for whom finalizing
				an adoption is recommended. If the adoption is in the best interest of the
				child, the department shall sign a Consent to Adoption form, prior to a court
				hearing finalizing the adoption.
(2) A consent to adopt may be rescinded by
				the department, by signing a Rescinding the Consent to Adoption form for any of
				the following reasons:
a. At the request of
				the adoptive family.
b. A founded
				child abuse report, dependent adult abuse report, accusation of child abuse, or
				dependent adult abuse pending determination of the report.
c. Conviction of a crime, or accusation of a
				crime, pending a court decision regarding the crime.
d. At the request of a child who is aged 14
				or over and has reversed the decision regarding the adoption.
e. Other verified indications that the
				adoption is not in the best interest of the child.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XVI - Alternative Living › Chapter 200 - Adoption Services › Rule 441-200.10 - Requests for Home Studies

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Court-ordered.
Court-ordered home studies for adoption of a child or children under the
				authority of the department shall be completed by the department's recruitment
				and retention contractor.
(2)
Interstate compact.
Requests for an adoptive home study
				through the interstate compact process shall be completed by the department's
				recruitment and retention contractor.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XVI - Alternative Living › Chapter 200 - Adoption Services › Rule 441-200.10 - Requests for Access to Information for Research or Treatment

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Requests.
Any person seeking access to the department's sealed
				adoption records for the purpose or purposes set forth in Iowa Code section
				600.16(1)
"c"
or 600.24(2) shall submit a request in writing to the
				department. Each request shall contain sufficient facts to establish that the
				information sought is necessary for conducting a legitimate medical research
				project, or for treating a patient in a medical facility.
(2)
Process.
Upon receipt of
				a request for information sought in conducting a research project, the director
				or a designee shall review the request for information and make a decision to
				approve or deny the request based on the research to be conducted, the benefits
				of the research, the methodology, and the confidentiality measures to be
				followed. Upon a request for information for treating a patient in a medical
				facility, a decision regarding approval or denial shall be made by the director
				or designee based on the written information provided by a physician or the
				medical facility making the request. A requester shall be notified in writing
				of approval or denial and, if denied, reasons for denial given.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XVI - Alternative Living › Chapter 200 - Adoption Services › Rule 441-200.11 - Reasons for Denial

Current through Register Vol. 47, No. 3, July 24, 2024
An individual or family shall be denied approval of an
				  adoptive home study for one or more of the following reasons:
(1)
Founded child abuse
				report.
A founded child abuse report shall mean denial of approval
				unless an evaluation determines than it does not merit denial.
(2)
Criminal conviction.
A
				criminal conviction shall mean denial of approval unless an evaluation
				determines that it does not merit denial.
(3)
Documented concerns.
Concerns may be documented in one or more of the following areas:
a. Motivation to adopt.
b. Child-rearing ability and
				practices.
c. Emotional
				stability.
d. Physical or mental
				health.
e. Interpersonal
				relationships.
f.
				Finances.
g. Marital
				relationship.
h. Other areas that
				may impact the applicant's ability to meet the needs of a child both at present
				and in the future.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XVI - Alternative Living › Chapter 200 - Adoption Services › Rule 441-200.11 - Requests for Information for Purposes Other Than Research or Treatment

Current through Register Vol. 47, No. 3, July 24, 2024
Requests for information from department adoption records for
				  purposes other than research or treatment shall be made on the department's
				  website.
(1) The department shall not
				release identifying information from sealed adoption records. Adult adoptees,
				adoptive parents, birth parents, siblings or descendants of an adopted person,
				or legal representatives of any of the above, shall be provided:
a. An adoption packet containing a sample
				affidavit for filing with the court,
b. Directions for filing the
				affidavit,
c. A list of county
				clerks of court,
d. The address of
				the bureau of vital statistics, and
e. Instructions on how to obtain the name of
				the Iowa county where the adoption was finalized, if necessary.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XVI - Alternative Living › Chapter 200 - Adoption Services › Rule 441-200.12 - Removal of Child From Preadoptive Family

Current through Register Vol. 47, No. 3, July 24, 2024
When the department determines that it is in the best
				  interest of a child to be removed from a preadoptive family, a Letter of
				  Removal, Form 470-3018, shall be mailed to the family prior to the removal.
				  Removal of a child from a preadoptive family is not an appealable issue, as a
				  child continues to be under the guardianship of the department until an
				  adoption is finalized.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XVI - Alternative Living › Chapter 200 - Adoption Services › Rule 441-200.13 - Consents

Current through Register Vol. 47, No. 3, July 24, 2024
A request for consent to the adoption shall be submitted to
				  the guardian for a child who is under the guardianship of the department and
				  for whom finalizing an adoption is recommended. If the adoption is in the best
				  interest of the child, the director or designee shall sign a Consent to
				  Adoption, Form 470-0775, prior to a court hearing to finalize the
				  adoption.
A consent to adopt may be rescinded by the department, by
				  signing Rescinding the Consent to Adoption, Form 470-2990, for any of the
				  following reasons:
1. At the request
				of the adoptive family.
2. A
				founded child abuse report, or accusation of child abuse, pending determination
				of the report.
3. Conviction of a
				crime, or accusation of a crime, pending a court decision regarding the
				crime.
4. At the request of a child
				who is aged 14 or over and has reversed the decision regarding the
				adoption.
5. Other verified
				indications that the adoption is not in the best interest of the
				child.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XVI - Alternative Living › Chapter 200 - Adoption Services › Rule 441-200.14 - Requests for Access to Information for Research or Treatment

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Requests.
Any person seeking access to the department's sealed
				adoption records for the purpose or purposes set forth in Iowa Code paragraph
				600.16(1)
"c "
or Iowa Code subsection
				600.24(2)
				 shall submit a request in writing to the
				director. Each request shall contain sufficient facts to establish that the
				information sought is necessary for conducting a legitimate medical research
				project, or for treating a patient in a medical facility.
(2)
Process.
Upon receipt of
				a request for information sought in conducting a research project, the director
				or a designee shall review the request for information and make a decision to
				approve, or deny, the request based on the research to be conducted, the
				benefits of the research, the methodology, and the confidentiality measures to
				be followed. Upon a request for information for treating a patient in a medical
				facility, a decision regarding approval or denial shall be made by the director
				or designee based on the written information provided by a physician or the
				medical facility, making the request. Requesters shall be notified in writing
				of approval or denial and if denied, reasons for denial given.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XVI - Alternative Living › Chapter 200 - Adoption Services › Rule 441-200.15 - Requests for Information for Purposes Other Than Research or Treatment

Current through Register Vol. 47, No. 3, July 24, 2024
Requests for information from department adoption records for
				  purposes other than research or treatment shall be made to the Department of
				  Human Services, Division of Adult, Children and Family Services, Adoption
				  Program, Hoover State Office Building, 1305 East Walnut Street, Des Moines,
				  Iowa 50319-0114.
(1) The department
				shall not release identifying information from sealed adoption records. Adult
				adoptees, adoptive parents, birth parents, siblings or descendants of an
				adopted person, or legal representatives of any of the above shall be provided:
a. An adoption packet containing a sample
				affidavit for filing with the court,
b. Directions for filing the
				affidavit,
c. A list of county
				clerks of court,
d. The address of
				the bureau of vital statistics, and
e. Instructions on how to obtain the name of
				the Iowa county where the adoption was finalized, if necessary.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XVI - Alternative Living › Chapter 200 - Adoption Services › Rule 441-200.16 - Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
Prospective adoptive families may appeal denial of approval
				  of their home study based on rule
				  441-200.11
				  (600), pursuant to 441-Chapter 7.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XVI - Alternative Living › Chapter 201 - Subsidized Adoptions › Rule 441-201.1 - Administration

Current through Register Vol. 47, No. 3, July 24, 2024
The Iowa department of human services, through the
				  administrator of the division of child and family services, shall administer
				  the subsidized adoption program, in conformance with the legal requirements for
				  adoption as defined in Iowa Code chapter 600.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XVI - Alternative Living › Chapter 201 - Subsidized Adoptions › Rule 441-201.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Child"
means a person who has not attained
				  age 18, or a person with a physical or mental disability who has not attained
				  age 21.
"Escrow account"
means an interest-bearing
				  account in a bank or savings and loan association which is maintained by the
				  department in the name of a particular child.
"Maintenance subsidy "
means a monthly
				  payment to assist the family in meeting the living expenses and expenses
				  related to the care of a special needs child in covering the cost of room,
				  board, clothing, and spending money. The child will also be eligible for
				  medical assistance pursuant to 441-Chapter 75.
"Nonrecurring expenses "
means reasonable
				  and necessary adoption fees, court costs, attorney fees and other expenses
				  which are directly related to the legal adoption of a child with special needs.
				  These shall be limited to attorney fees, court filing fees and other court
				  costs.
"Physician "
means a licensed medical or
				  osteopathic doctor as defined in rule
				  441-77.1 (249A).
"Presubsidy"
means payment for maintenance
				  or special services for a special needs child who is placed in an adoptive home
				  and who meets all eligibility criteria for maintenance subsidy but whose
				  adoption is not finalized.
"Qualified intellectual disability
				  professional"
means a person who has at least one year of experience
				  working directly with persons with an intellectual disability or other
				  developmental disabilities and who is one of the following:
1. A doctor of medicine or
				osteopathy.
2. A registered
				nurse.
3. A person who holds at
				least a bachelor's degree in a human services field including, but not limited
				to, social work, sociology, special education, rehabilitation counseling, or
				psychology.
"Qualifiedmental health professional"
means
				  a person who meets all of the following conditions:
1. Holds a master's degree in a mental health
				field including, but not limited to, psychology, counseling and guidance, or
				psychiatric nursing and social work; or is a doctor of medicine or osteopathic
				medicine; and
2. Holds a current
				Iowa license when required by the Iowa professional licensure laws for persons
				practicing as a psychiatrist, a psychologist, a marital and family therapist, a
				mental health counselor, an advanced registered nurse practitioner, a
				psychiatric nurse, or a social worker; and
3. Has at least two years of postdegree
				experience supervised by a mental health professional in assessing mental
				health problems, mental illness, and services needs and in providing mental
				health services.
"Special services subsidy"
means payment to
				  a provider or reimbursement to the parent for medical, dental, therapeutic, or
				  other services, equipment or appliances required by a child in order to meet
				  the child's identified special needs.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XVI - Alternative Living › Chapter 201 - Subsidized Adoptions › Rule 441-201.3 - Conditions of Eligibility or Ineligibility

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The child is eligible for subsidy when
				the department or a private agency has documented that it has been unable to
				place the child in an appropriate adoptive home without a subsidy and the child
				is determined to be a child with "special needs" based on one or more of the
				following reasons:
a. The child has a
				medically diagnosed disability, as determined by a physician, an advanced
				registered nurse practitioner or a physician assistant, which substantially
				limits one or more major life activities, requires ongoing professional
				treatment, impacts the child's ability to perform daily living skills, and is
				expected to last 12 months or longer.
b. The child has been determined by a
				qualified intellectual disability professional to be intellectually
				disabled.
c. The child has been
				determined by a qualified professional to be at high risk of developing a
				qualifying medical, mental, or emotional condition as defined in this subrule.
				A child in this group is eligible for subsidy of nonrecurring expenses
				only.
d. The child has been
				diagnosed by a qualified mental health professional to have a psychiatric
				condition which impairs the child's mental, intellectual, or social
				functioning, and for which the child requires ongoing professional
				services.
e. The child has been
				diagnosed by a qualified mental health professional to have a behavioral or
				emotional disorder characterized by situationally inappropriate behavior which
				deviates substantially from behavior appropriate to the child's age or
				significantly interferes with the child's intellectual, social and personal
				adjustment and which requires ongoing treatment.
f. The child is aged five or over.
g. The child is a member of a sibling group
				of three or more children who are placed in the same adoptive home.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XVI - Alternative Living › Chapter 201 - Subsidized Adoptions › Rule 441-201.4 - Application

Current through Register Vol. 47, No. 3, July 24, 2024
Application for presubsidy or subsidy for a special needs
				  child in the guardianship of the department shall be made on Form 470-0744,
				  Application for Subsidy, at the time of the adoptive placement of the child, or
				  at any time in the adoptive process before finalization of the adoption.
(1) The prospective adoptive family residing
				in Iowa who has been studied and approved for adoptive placement or a family
				residing outside of the state of Iowa studied and approved by a governmental
				child-placing agency or a licensed child-placing agency in that state, may
				apply for subsidy for an eligible Iowa child.
(2) Withdrawal of the application for the
				subsidy shall be reported to the department immediately.
(3) The effective date for the Adoption
				Subsidy Agreement will be the date the agreement is signed by the adoptive
				parents and a representative of the department, which may be the date the child
				is placed in the adoptive home or any date up to and including the date the
				adoption is finalized. The agreement shall state the amount of the presubsidy
				or subsidy, the frequency and duration of payments and the conditions under
				which the agreement may be terminated.
(4) An application for subsidy cannot be
				taken after the child is adopted except when there are facts relevant to a
				child's eligibility that were not presented before the finalizing of the
				adoption.
a. Upon receiving verification that
				the child was eligible before the child's adoption, the department may conduct
				an administrative review of the facts and may determine the child an eligible
				special needs child. Eligibility will be effective after Form 470-0744,
				Application for Subsidy, is completed and Form 470-0749, Adoption Subsidy
				Agreement, is signed by all parties.
b. Requests for determining a child an
				eligible special needs child after the adoption is finalized shall be forwarded
				with verification of eligibility to the division of child and family services,
				adoption program. The division shall conduct an administrative review of
				eligibility factors and render a written decision regarding the child's
				eligibility as a special needs child within 30 days of receipt of request and
				verification materials unless additional verification is requested. If
				additional verification is requested, a decision shall be reached within 30
				days of receipt of additional verification materials.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XVI - Alternative Living › Chapter 201 - Subsidized Adoptions › Rule 441-201.5 - Negotiation of Amount of Presubsidy or Subsidy

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The amount of presubsidy or subsidy shall
				be negotiated between the department and the adoptive parents and shall be
				based upon the needs of the child and the circumstances of the family.
a. Each time negotiations are completed, the
				Adoption Subsidy Agreement, Form 470-0749, shall be completed.
b. Form 470-0762, Agreement to Future
				Adoption Subsidy, shall be completed and retained in an inactive case record
				for future reference when:
(1) A child is
				eligible for subsidy but the child or family does not currently need
				assistance; or
(2) The child is at
				risk of being determined a child with special needs according to paragraph
				201.3(1)"a, "
"b, " "d, "
or
"e"
in the
				future.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XVI - Alternative Living › Chapter 201 - Subsidized Adoptions › Rule 441-201.6 - Types of Subsidy

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Special services only.
a.
				Reimbursement to the family or direct payment to a provider may be made for the
				following special services needed to meet the needs of the child.
(1) Outpatient counseling or therapy
				services. Reimbursement for outpatient individual or family services may be
				provided from a non-Medicaid provider only with approval from the service area
				manager or designee and when one of the following applies:
1. The services are not available from a
				Medicaid provider within a reasonable distance from the family.
2. The child and the family were already
				receiving therapy or counseling from a non-Medicaid provider and it would not
				be in the child's best interest to disrupt the services.
3. Available Medicaid providers lack
				experience in working with foster, adoptive, or blended families.
Reimbursement to non-Medicaid providers shall be limited to
				  the Medicaid rate.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XVI - Alternative Living › Chapter 201 - Subsidized Adoptions › Rule 441-201.7 - Termination of Subsidy

Current through Register Vol. 47, No. 3, July 24, 2024
Subsidy will terminate when any of the following
				  occur:
(1) The adoptive child no
				longer meets the definition of child in rule
				441-201.1 (600).
(2) The child marries.
(3) The adoptive parents are no longer using
				the maintenance payments to support the child.
(4) Death of the child, or death of the
				parents of the child (one in a single-parent family and both in a two-parent
				family).
(5) Upon conclusion of the
				terms of the agreement.
(6) Upon
				request of the adoptive parents.
(7) The adoptive parents are no longer
				legally responsible for the child.
(8) The child enlists in the
				military.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XVI - Alternative Living › Chapter 201 - Subsidized Adoptions › Rule 441-201.8 - Reinstatement of Subsidy

Current through Register Vol. 47, No. 3, July 24, 2024
Reinstatement of subsidy will be made when the subsidy was
				  terminated because of reasons in 201.7(3), 201.7(6), or 201.7(7) and the reason
				  for termination no longer exists.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XVI - Alternative Living › Chapter 201 - Subsidized Adoptions › Rule 441-201.10 - Determination of Ongoing Subsidy Eligibility and Suspension of Subsidy Payments

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				Eligibility for continuation of adoption subsidy shall be evaluated when the
				department has reasonable cause to suspect the adoptive parent is not providing
				financial support, or is no longer legally responsible for the child. This
				includes, but is not limited to, the following circumstances:
a. The child is placed in out-of-home
				care.
b. A person alleges the
				parents are not providing financial support to the child.
c. A person other than the parent is awarded
				legal custody of the child.
d. A
				person other than the parent is appointed as the guardian of the
				child.
e. The child has applied for
				food assistance or other benefits.
f. The child has not resided with the parent
				for the past 30 consecutive days.
g. The parent is incarcerated.
h. The parent is awaiting trial for criminal
				charges related to harm caused to a child in the home.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XVI - Alternative Living › Chapter 201 - Subsidized Adoptions › Rule 441-201.11 - Medical Assistance Based on Residency

Current through Register Vol. 47, No. 3, July 24, 2024
Special needs children eligible for any type of subsidy are
				  entitled to medical assistance as defined in 441-Chapter 75. The funding source
				  for medical assistance is based on the following criteria:
(1) IV-E-eligible children:
a. IV-E-eligible children residing in Iowa
				from Iowa and from other states shall receive medical assistance from
				Iowa.
b. IV-E-eligible children
				from Iowa residing in another state shall receive medical assistance from the
				family's state of residence, even though medical assistance available in the
				family's state of residence may vary from Iowa's medical assistance.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XVI - Alternative Living › Chapter 201 - Subsidized Adoptions › Rule 441-201.12 - Presubsidy Recovery

Current through Register Vol. 47, No. 3, July 24, 2024
The department shall recover the cost of presubsidy
				  maintenance and special services provided by the department as follows:
(1) Funds shall be applied to the cost of
				presubsidy maintenance and special services from the unearned income of the
				child.
(2) The department shall
				serve as payee to receive the child's unearned income. The income shall be
				placed in an account from whence it shall be applied toward the cost of the
				child's current care and the remainder placed in an escrow account.
(3) When a child has funds in escrow these
				funds may be used by the department to meet the current needs of the child not
				covered by the presubsidy payments and not prohibited by the source of the
				funds.
(4) When the child leaves
				presubsidy care, funds in the escrow shall be paid to the adoptive parents, or
				to the child if the child has attained the age of majority.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XVI - Alternative Living › Chapter 202 - Foster Care Placement and Services › Rule 441-202.2 - Eligibility

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Only an
				eligible child as defined in these rules shall be considered for foster care
				services supervised by the department.
(2) The need for foster care placement and
				social and other related services, including but not limited to medical,
				psychiatric, psychological, and educational services, shall be determined by an
				assessment of the child and family to determine their needs and the
				appropriateness of services.
a. Assessments
				shall include:
(1) The educational, physical,
				psychological, social, family living, and recreational needs of the
				child,
(2) The family's ability to
				meet those needs, and
(3) A family
				genogram to determine relatives and other suitable support persons who have a
				kinship bond with the child.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XVI - Alternative Living › Chapter 202 - Foster Care Placement and Services › Rule 441-202.3 - Voluntary Placements

Current through Register Vol. 47, No. 3, July 24, 2024
(1) All
				voluntary placement agreements initiated after July 1, 2003, for children under
				the age of 18 shall terminate after 90 days.
(2) When the voluntary placement is of a
				child who is under the age of 18, a voluntary Foster Care Placement Agreement,
				Form 470-0715, shall be completed and signed by the parent(s) or guardian and
				the county office where the parent or guardian resides. Voluntary Foster Care
				Placement Agreements shall not be used to place children outside Iowa and shall
				not be signed with parents or guardians who reside outside Iowa. Voluntary
				Foster Care Placement Agreements shall terminate if the child's parent or
				guardian moves outside Iowa after the placement.
(3) Voluntary placement of a child aged 18 or
				older may be granted for six months at a time.
a. The department shall enter into the
				agreement only when the child:
(1) Meets the
				definition of "child" in Iowa Code section
				234.1,
(2) Was in foster care or a state institution
				immediately before reaching the age of 18,
(3) Has continued in foster care or a state
				institution since reaching the age of 18,
(4) Has demonstrated a willingness to
				participate in case planning and to fulfill responsibilities as defined in the
				case permanency plan, and
(5) Will
				be placed in foster family care or supervised apartment living in
				Iowa.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XVI - Alternative Living › Chapter 202 - Foster Care Placement and Services › Rule 441-202.4 - Selection of Facility

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				Placement consistent with the best interests and special needs of the child
				shall be made in the least restrictive, most family-like facility available and
				in close proximity to the child's home. Race, color, or national origin may not
				be routinely considered in placement selections.
(2) Efforts shall be made to place siblings
				together unless to do so would be detrimental to any of the children's
				physical, emotional or mental well-being. Efforts to prevent separating
				siblings, reasons for separating siblings, and plans to maintain sibling
				contact shall be documented in the child's case permanency plan.
(3) The department shall first consider
				placing the child in a relative's home unless no relatives are available or
				willing to accept placement or such placement would be detrimental to the
				child's physical, emotional or mental well-being.
a. If a relative or a suitable person who has
				a kinship bond with the child will accept placement of the child:
(1) The person shall sign Form 595-1489,
				Non-Law Enforcement Record Check Request.
(2) The department shall complete record
				checks as listed in 441-subrule 113.13(1) to evaluate if the person's home is
				appropriate for the child before making the placement.
(3) The department worker shall make a
				referral to the recruitment and retention provider to initiate an informational
				contact with the kinship caregiver. The recruitment and retention provider will
				inform the kinship caregiver about the monthly kinship caregiver payment as
				outlined in rule 441-156.6 (234) and explain the
				process of becoming a licensed foster parent.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XVI - Alternative Living › Chapter 202 - Foster Care Placement and Services › Rule 441-202.5 - Preplacement

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Except for
				placements made in less than 24 hours, a child placed in a facility shall have
				a preplacement visit involving:
a. The
				child,
b. The foster parents or
				agency staff, if the child is placed in a public or private agency,
c. The department service worker,
				and
d. The child's parents, unless
				their presence would be disruptive to the child's placement.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XVI - Alternative Living › Chapter 202 - Foster Care Placement and Services › Rule 441-202.6 - Placement

Current through Register Vol. 47, No. 3, July 24, 2024
(1) At the time of
				placement, the department worker shall furnish to the foster care provider any
				available information regarding the child.
a.
				The information provided shall include:
(1)
				The child's full name and date of birth;
(2) The names, work addresses, and telephone
				numbers of the placement worker and the worker's supervisor, including a home
				telephone, cell phone, or on-call number;
(3) The names, addresses, and telephone
				numbers of the child's physician and dentist;
(4) The names, addresses, and telephone
				numbers of significant relatives of the child, including parents, grandparents,
				brothers and sisters, aunts and uncles, and any other significant persons (for
				an adopted child, the adoptive parents and adoptive relatives);
(5) The case permanency plan;
(6) The results of a physical examination,
				including immunization history;
(7)
				The child's medical needs including allergies, physical limitations, dental and
				medical recommendations, and special needs of HIV;
(8) Behavioral patterns including
				safety-related information;
(9)
				Educational arrangements including, but not limited to, the school the child
				attends, special education needs, and school contacts;
(10) The placement contract or agreement
				including the date of acceptance for care;
(11) Medical authorizations, service
				authorizations, and other releases as needed; and
(12) If the child is an Indian, the
				identification of the child's tribe and tribal social service agency including
				telephone number and contact person.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XVI - Alternative Living › Chapter 202 - Foster Care Placement and Services › Rule 441-202.7 - Out-of-area Placements

Current through Register Vol. 47, No. 3, July 24, 2024
(1) When
				the department makes a placement of a child in the foster care system out of
				the service area in which the child resides, this placement shall occur only
				when there is no appropriate placement within the service area, when the
				placement is necessary to facilitate reunification of the child with the
				parents, or when an out-of-area agency is closer to the community where the
				child resides than an in-area agency offering the same services.
(2) The authority for approving out-of-area
				placements rests with both the placing and receiving service area
				managers.
(3) Transfer of
				responsibility for supervision, planning, and visitation shall be approved by
				the placing and receiving service area managers and, when appropriate, by the
				court.
This rule is intended to implement Iowa Code section 234.6(6)
"b. "
Iowa Administrative Code › Agency 441 - Human Services Department › Title XVI - Alternative Living › Chapter 202 - Foster Care Placement and Services › Rule 441-202.8 - Out-of-state Placements

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
				department shall make an out-of-state foster family care placement only with
				the approval of the service area manager or designee. Approval shall be granted
				only when the placement will not interfere with the goals of the child's case
				permanency plan and when one of the following conditions exists:
a. The foster family with whom the child is
				placed is moving out of state.
b.
				An out-of-state family having previous knowledge of the child desires to
				provide foster care to the child.
c. An out-of-state family is approved to
				adopt the child under subsidy and is eligible to receive maintenance payments
				until the adoption is final.
d. An
				out-of-state placement is necessary to facilitate reunification of the child
				with the parents.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XVI - Alternative Living › Chapter 202 - Foster Care Placement and Services › Rule 441-202.9 - Supervised Apartment Living

Current through Register Vol. 47, No. 3, July 24, 2024
A supervised apartment living arrangement shall provide a
				  child with an environment in which the child can experience living in the
				  community with supervision and prepare for self-sufficiency. The child must
				  have the capacity to live in the community with less supervision than that
				  provided by a foster family or in a group care setting and must be able to
				  follow the provisions of the case plan and participate in activities and
				  services to achieve self-sufficiency.
(1)
Living arrangements.
a. The two types of supervised apartment
				living arrangements are as follows:
(1) A
				cluster setting, which provides support in a structured setting. Up to six
				children reside in apartments or bedrooms in one building (such as an apartment
				building or residential housing), supervised by one agency. The supervising
				agency must have an adult staff member present and available on site in the
				living arrangement at any time when more than one child is present.
(2) A scattered-site setting, which is the
				less restrictive of the two types of living arrangements. Up to three children
				supervised by one agency may reside in individual housing arrangements, such as
				apartments or residential housing, located in one building. Children must be
				able to contact supervising agency staff 24 hours a day, seven days a
				week.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XVI - Alternative Living › Chapter 202 - Foster Care Placement and Services › Rule 441-202.10 - Services to Foster Parents

Current through Register Vol. 47, No. 3, July 24, 2024
Foster parents shall be provided necessary supportive
				  services for the purpose of aiding them in the care and supervision of the
				  child. These services shall include, but not be limited to:
(1) Availability of social service staff on a
				24-hour basis in case of emergency.
(2) Conferences to develop in-depth planning
				regarding family visits, expectations of the department, future objectives and
				time frames, use of resources, and termination of placements.
(3) Visitation by the service worker at least
				monthly regardless of the duration of the placements.
(4) Making available all known pertinent
				information needed for the care of the child including HIV status,
				safety-related information, and special confidentiality requirements.
a. Before releasing specific information
				about HIV, the department shall use Form 470-3225, Authorization to Release
				HIV-Related Information, to obtain a release from the child or the child's
				parent or guardian, or a court order permitting the release of the information.
				The person receiving this information shall complete Form 470-3227, Receipt of
				HIV-Related Information, to document understanding of the confidentiality of
				this knowledge.
b. Safety-related
				information shall be withheld only if:
(1)
				Withholding the information is ordered by the court; or
(2) The department or the agency developing
				the service plan determines that providing the information would be detrimental
				to the child or to the family with whom the child is living.
c. When continued breastfeeding of
				the child is determined to be in the best interest of the child, the service
				worker and the foster parents shall make reasonable efforts to support the
				continued breastfeeding of the child by the mother
This rule is intended to implement Iowa Code section 234.6(6)
"b. "
Iowa Administrative Code › Agency 441 - Human Services Department › Title XVI - Alternative Living › Chapter 202 - Foster Care Placement and Services › Rule 441-202.11 - Services to the Child

Current through Register Vol. 47, No. 3, July 24, 2024
The department service worker shall maintain a continuous
				  relationship with the child.
(1) The
				department service worker shall:
a. Help the
				child plan for the future,
b.
				Evaluate the child's needs and progress,
c. Supervise the living
				arrangement,
d. Arrange for social
				and other related services including, but not limited to, medical, psychiatric,
				psychological, and educational services from other resources as needed,
				and
e. Counsel the child in
				adjusting to the placement.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XVI - Alternative Living › Chapter 202 - Foster Care Placement and Services › Rule 441-202.12 - Services to Parents

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Child
				welfare services shall be made available to the parents throughout the period
				of placement for the purpose of reuniting the family in an agreed-upon time
				frame. Family safety, risk, and permanency services may be provided to:
a. Promote identification and enhancement of
				family strengths and protective capacities;
b. Address the factors that resulted in the
				child's being removed from the family home; and
c. Strengthen family connections to community
				resources and informal supports.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XVI - Alternative Living › Chapter 202 - Foster Care Placement and Services › Rule 441-202.13 - Removal of the Child

Current through Register Vol. 47, No. 3, July 24, 2024
(1) When the
				department plans to remove a child from a facility, the facility shall be
				informed in writing of the date of the removal, the reason for the removal, the
				recourse available to the facility, if any, and that the chapter 17A contested
				case proceeding is not applicable to the removal. The department shall inform
				the facility ten days in advance of the removal, except that the facility may
				be informed less than ten days prior to the removal in the following instances:
a. When the parent or guardian removes the
				child from voluntary placement.
b.
				When the court orders removal of a child from placement.
c. When there is evidence of neglect or
				physical or sexual abuse.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XVI - Alternative Living › Chapter 202 - Foster Care Placement and Services › Rule 441-202.14 - Termination

Current through Register Vol. 47, No. 3, July 24, 2024
The foster care services shall be terminated when the child
				  is no longer an eligible child, or when the attainment of goals in the case
				  plan has been achieved, or when the goals for whatever reasons cannot be
				  achieved, or when it is evident that the family or individual is unable to
				  benefit from the service or unwilling to accept further services.
This rule is intended to implement Iowa Code section
				  234.6(6)
"b. "
Iowa Administrative Code › Agency 441 - Human Services Department › Title XVI - Alternative Living › Chapter 202 - Foster Care Placement and Services › Rule 441-202.15 - Case Permanency Plan

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				The department worker shall ensure that a case permanency plan is developed for
				each child who is placed in foster care if the department has agreed to provide
				foster care through a voluntary placement agreement, if a court has transferred
				custody or guardianship to the department for the purpose of foster care, or if
				a court has placed the child in foster care and ordered the department to
				supervise the placement.
(2) The
				department worker shall develop the case permanency plan with the child's
				parents, unless the child's parents are unwilling to participate in the plan's
				development, and with the child, unless the child is unable or unwilling to
				participate. For a child 14 years of age or older in foster care, the case
				permanency plan must be developed in consultation with the child. The child may
				choose up to two members of the case planning team who are not the child's
				foster parent or caseworker. The department may reject an individual selected
				by a child at any time if the department has good cause to believe the
				individual would not act in the best interests of the child. One individual
				selected by the child to be a member of a child's case planning team may be
				designated to be the child's advisor and, as necessary, advocate with respect
				to the use of the reasonable and prudent parent standard.
(3) The department worker shall be
				responsible for ensuring the development of the case permanency plan within the
				time frames specified in rule
				441-130.7 (234). In all
				cases, the case permanency plan shall be completed within 60 days of the date
				the child entered foster care.
(4)
				Copies of the initial and subsequent case permanency plans shall be provided to
				the child, the child's parents, and the foster care provider. Copies shall also
				be provided to the following, if involved in services to the child: the
				juvenile court officer, the judge, the child's attorney, the child's guardian
				ad litem, the child's guardian, the child's custodian, the child's
				court-appointed special advocate, the parents' attorneys, the county attorney,
				the state foster care review board, and any other interested parties identified
				in the plan.
(5) The initial and
				subsequent case permanency plans shall be completed on the forms specified in
				rule
				441-130.7
				(234).
(6) Rescinded IAB 4/28/04,
				effective 6/2/04.