Iowa Administrative Code › Agency 441 - Human Services Department › Title XII - Licensing and Approved Standards › Chapter 107 - Certification of Adoption Investigators › Rule 441-107.8 - Investigative Services

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Preplacement investigations.
When a certified adoption
				investigator provides a preplacement investigation of a prospective adoptive
				family, the investigation shall meet the requirements of Iowa Code section
				600.8(1)
"a,"
including an assessment of the family's ability
				to parent a child.
a. The preplacement
				investigation shall include at a minimum two contacts, one face-to-face
				interview with the applicants and each member of the household and at least one
				home visit.
b. The certified
				adoption investigator shall have on file a written assessment of the family
				which shall be used to approve or deny a prospective adoptive family. The
				written assessment (home study) shall include the date the home study was
				completed, shall be signed by the investigator and the signature notarized. The
				assessment shall include the following:
(1)
				Motivation for adoption and whether the family has biological, adopted, or
				foster children;
(2) Family and
				extended family's attitude toward accepting an adopted child, and plans for
				discussing adoption with the child;
(3) The attitude towards adoption of other
				people involved with the family in a significant way;
(4) Emotional maturity; marital history,
				including verification of marriages and divorces; assessment of marital
				relationship; and compatibility of the adoptive parents;
(5) Ability to cope with problems, stress,
				frustrations, crises, separation, and loss;
(6) Medical, mental, or emotional conditions
				which would affect the applicant's ability to parent a child;
(7) Ability to provide for the child's
				physical and emotional needs and to respect the child's cultural and religious
				identity;
(8) Description of
				biological children and previously adopted children, if any, including their
				attitudes towards adoption, relationships with others, and school
				performance;
(9) Capacity to give
				and receive affection;
(10)
				Statements from at least three references provided by the family and other
				unsolicited references that the investigator may wish to contact;
(11) Attitudes of the adoptive applicants
				towards the birth parent(s) and the reason(s) the child is available for
				adoption;
(12) Income information,
				including the family's ability to financially provide for a child;
(13) Disciplinary practices that will be
				used;
(14) History of abuse
				involving family members, including how the abuse was addressed and how that
				history impacts the applicant's ability to be an adoptive parent;
(15) Assessment of, commitment to, and
				capacity to maintain other significant relationships;
(16) Substance use or abuse by members of the
				household, treatment history and current status of treatment;
(17) Recommendations for the number, age,
				sex, characteristics, and unique needs of children best served by this family;
				and
(18) The family's ability to
				anticipate and understand the unique needs of an adopted child as the child
				gets older and how the family will manage those needs.
c. Record checks. The certified adoption
				investigator shall perform record checks for each applicant and for the other
				persons living in the home of the applicant as follows:
(1) The records of the applicants shall be
				checked:
1. On the Iowa central abuse registry
				using the Request for Child Abuse and Dependent Adult Abuse Information
				form;
2. By the Iowa division of
				criminal investigation, using the DHS Criminal History Record Check, Form
				B;
3. On the Iowa sex offender
				registry;
4. On the child abuse and
				dependent adult abuse registry of any state where the applicant has lived
				during the five years prior to the issuance of the investigative report;
				and
5. For a national criminal
				history through fingerprinting or another biometric identification-based
				process accepted by the federal government.
(2) The records of persons aged 14 or older
				living in the home of the applicant shall be checked:
1. On the Iowa central abuse registry using
				the Request for Child Abuse and Dependent Adult Abuse Information
				form;
2. By the Iowa division of
				criminal investigation, using the DHS Criminal History Record Check, Form B;
				and
3. On the Iowa sex offender
				registry.
(3)
				Out-of-state child abuse checks, dependent adult abuse checks and national
				criminal history checks may be completed on any adult in the home of the
				applicant if the certified adoption investigator has reason to do so.
(4) The person making the investigation shall
				not approve a prospective applicant and shall not perform an evaluation if the
				applicant or any other adult living in the home of the applicant has been
				convicted of a felony offense as set forth in Iowa Code section
				600.8(2)
"b."
(5)
				The person making the investigation shall not approve a prospective applicant
				and shall not perform an evaluation if the applicant or any other adult living
				in the home of the applicant has committed a crime in a state other than Iowa
				that would be a forcible felony if the crime would have been committed in Iowa,
				as set forth in Iowa Code section
				600.8(2)
"b."
d. Evaluation of record. If there is a record
				of founded child abuse, dependent adult abuse or a criminal conviction for the
				applicant or any other adult living in the home of the applicant, the applicant
				shall not be approved to adopt, unless an evaluation determines that the abuse
				or criminal conviction does not warrant prohibition of approval.
(1) The evaluation shall consider the nature
				and seriousness of the founded child abuse, dependent adult abuse or crime in
				relation to adoption, the time elapsed since the commission of the founded
				abuse or crime, the circumstances under which the abuse or crime was committed,
				the degree of rehabilitation, the likelihood that the person will commit the
				abuse or crime again, and the number of abuses or crimes committed by the
				person.
(2) The person with the
				founded child abuse, dependent adult abuse or criminal conviction report shall
				complete and return the Record Check Evaluation form within ten calendar days
				of the date on the form to be used to assist in the evaluation. Failure of the
				person to complete and return the form within the specified time frame may
				result in a written denial of approval for adoption.
(3) If the applicant, or any other adult
				living in the home of the applicant, has been convicted of a simple misdemeanor
				or a serious misdemeanor that occurred five or more years prior to application,
				the evaluation and decision may be made by a certified adoption investigator.
				The certified adoption investigator shall notify the applicant of the results
				of the evaluation in writing. The notice shall contain information on appeal
				rights.
(4) If the applicant, or
				any other person living in the home of the applicant, has a founded child or
				dependent adult abuse report, has been convicted of an aggravated misdemeanor
				or felony at any time, or has been convicted of a simple or serious misdemeanor
				that occurred within five years prior to application, a certified adoption
				investigator shall initially conduct the evaluation.
1. If the certified adoption investigator
				determines that the abuse or crime does warrant prohibition of approval, the
				certified adoption investigator shall notify the applicant of the results of
				the evaluation in writing.
2. If
				the certified adoption investigator determines that the applicant should be
				approved despite the abuse or criminal conviction, the certified adoption
				investigator shall provide copies of the child abuse report, dependent adult
				abuse report or criminal history record and the Record Check Evaluation form to
				the Administrator, Division of Adult, Children and Family Services, Department
				of Human Services, Hoover State Office Building, Des Moines, Iowa 50319-0114.
				Within 30 days, the administrator shall determine whether the abuse or crime
				merits prohibition of approval and shall notify the certified adoption
				investigator in writing of that decision. The certified adoption investigator
				shall mail the applicant the department's written decision regarding the
				evaluation of an abuse or crime.
e. Decision. The certified adoption
				investigator shall notify the applicant in writing no later than 30 days after
				completion of the home study of the investigator's decision regarding approval
				for placement of a child.
(1) If the applicant
				is denied, the certified adoption investigator shall state the reasons for
				denial in the written decision.
(2)
				The certified adoption investigator shall date, sign and notarize the adoptive
				home study.
(3) The certified
				adoption investigator shall provide a copy of the home study to the family at
				the time the written decision is sent.
(4) A home study shall be valid for up to two
				years from the date signed by the certified adoption investigator.
f. Denial. The certified adoption
				investigator shall deny approval of an adoption application when:
(1) The applicant or any other person living
				in the home of the applicant has been convicted of a felony offense as set
				forth in Iowa Code section
				600.8(2)
"b."
(2) The standards set forth in these rules
				are not met and cannot be corrected.
(3) The applicant or any person residing in
				the home has been convicted of a crime, unless an evaluation of the crime has
				been made by the department, which concludes that the crime does not merit
				prohibition of approval of an adoption application.
(4) The applicant or any person residing in
				the home has a record of founded child abuse or dependent adult abuse, unless
				an evaluation of the founded child abuse or dependent adult abuse has been made
				by the department, which concluded that the founded child abuse or dependent
				adult abuse does not merit prohibition of approval of an adoption
				application.
(5) The applicant has
				knowingly made false statements or has knowingly concealed information that is
				material to the investigation.
g. Updates. An update to the home study shall
				be completed no later than 24 months from the previous home study or previous
				home study update in order for the home study to remain valid. The home study
				update shall consist of completion of the following:
(1) The child abuse, dependent adult abuse
				and criminal history record checks, except for national criminal history
				checks, shall be repeated. If there are new founded abuses or convictions of
				crimes that were not evaluated in the previous home study, they shall be
				evaluated using the process set forth in paragraph
				107.8(1)
"d."
(2)
				One face-to-face visit shall be conducted with the approved family
				annually.
(3) The information in
				the approved home study shall be reviewed.
(4) An updated report of the adoptive home
				study shall be written, dated, signed and notarized and a copy provided to the
				applicant.
h. Annual
				visits to the adoptive home. The certified adoption investigator shall complete
				a minimum of one visit each year in the homes of families approved to adopt by
				the investigator.
(1) The visit shall include,
				but not be limited to, assessment of the following areas:
1. Home environment.
2. Persons present at the time of the
				visit.
3. Changes in the home or
				household members, or other areas addressed in the home study.
(2) When a person aged 14 or older
				moves into the home, the investigator shall perform checks on the Iowa central
				child and dependent adult abuse registry, by the division of criminal
				investigation, and on the sex offender registry. The record check evaluation
				process shall be completed if the person has a criminal conviction, founded
				child abuse report, founded dependent adult abuse report or is on the sex
				offender registry.
(3) The findings
				from the visit shall be documented and maintained in the file.