reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 441 - Human Services Department › Title XIV - Grant/contract/payment Administration › Chapter 169 - Funding for Empowerment Areas › Rule 441-169.8 - Revocation of Funding

Current through Register Vol. 47, No. 3, July 24, 2024
Notwithstanding other portions of these rules, funding may be
				  revoked under the following conditions.
(1)
Failure to comply.
a. Either the Iowa empowerment board or the
				department may revoke funds if the community empowerment area is failing to
				comply with federal reporting or audit requirements or is using funds for other
				than an allowable purpose. The revocation shall be prospective, and may also be
				retroactive if the failure to comply or use of funding is such that the federal
				funds already expended are in jeopardy of being recovered by the federal
				government.
b. The Iowa empowerment
				board may revoke funds if the community empowerment area is not complying with
				other conditions agreed to by the board and the area, or if the board
				determines that the area is not performing pursuant to their approved
				application or grant agreement or is not making satisfactory progress toward
				results. The revocation shall be prospective only and may include unexpended
				funds already obligated to the area.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XIV - Grant/contract/payment Administration › Chapter 169 - Funding for Empowerment Areas › Rule 441-169.9 - Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
A designated community empowerment area may file an appeal
				  with the director of the department of human services as follows:
(1)
Appealable actions.
Issues that can be appealed include disbursement of funds and revocation of
				funding if initiated by the department.
(2)
Nonappealable actions.
The denial or rejection of agrant application, the amount of agrant award, and
				other actions taken by the Iowa empowerment board are not appealable to the
				director of the department of human services. These actions are subject to
				appeal procedures set forth by the Iowa empowerment board.
(3)
Letter of appeal.
The
				letter of appeal must be submitted within five working days of the action of
				the department and must clearly and fully identify all issues being contested.
The director of the department shall review the appeal
				  request and issue a decision within ten days of the request or within ten days
				  of receipt by the department of any follow-up information requested from the
				  appellant.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XV - Individual and Family Support and Protective Services › Chapter 170 - Child Care Services › Rule 441-170.2 - Eligibility Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
A person deemed eligible for benefits under this chapter is
				  subject to all other state child care assistance requirements including, but
				  not limited to, provider requirements under Iowa Code chapter 237A and provider
				  reimbursement methodology. The department shall determine the number of units
				  of service to be approved.
(1)
Financial eligibility.
Financial eligibility for child care
				assistance shall be based on federal poverty levels as determined by the Office
				of Management and Budget and on Iowa's median family income as determined by
				the U.S. Census Bureau. Poverty guidelines and median family income amounts are
				updated annually. Changes shall go into effect for the child care assistance
				program on July 1 of each year.
a.
Income limits.
(1) For initial
				eligibility, an applicant family's nonexempt gross monthly income as
				established in paragraph 170.2(1)
"c"
cannot exceed the amounts
				in this subparagraph.
1. 145 percent of the
				federal poverty level applicable to the family size for children needing basic
				care; or
2. 200 percent of the
				federal poverty level applicable to the family size for children needing
				special-needs care; or
3. 85
				percent of Iowa's median family income, if that figure is lower than the
				standard in numbered paragraph "1" or "2."
Iowa Administrative Code › Agency 441 - Human Services Department › Title XV - Individual and Family Support and Protective Services › Chapter 170 - Child Care Services › Rule 441-170.3 - Application and Determination of Eligibility

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Application process.
a.
				Application for child care assistance may be made at any local office of the
				department on:
(1) Form 470-3624 or
				470-3624(S), or
(2) Form 470-4377
				or 470-4377(S), when returned after the end of the certification
				period.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XV - Individual and Family Support and Protective Services › Chapter 170 - Child Care Services › Rule 441-170.5 - Adverse Actions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Provider agreement.
The department may refuse to enter into or
				may revoke Form 470-3871 or 470-3871(S) if any of the following occur:
a. The department finds a hazard to the
				safety and well-being of a child, and the provider cannot or refuses to correct
				the hazard.
b. The provider has
				submitted claims for payment for which the provider is not entitled.
c. The provider fails to cooperate with an
				investigation conducted by the department of inspections and appeals to
				determine whether information the provider supplied to the department regarding
				payment for child care services is complete and correct. Once the agreement is
				revoked for failure to cooperate, the department shall not enter into a new
				agreement with the provider until cooperation occurs.
d. The provider does not meet one of the
				applicable requirements set forth in subrule 170.4(3).
e. The provider fails to comply with any of
				the terms and conditions of Form 470-3871 or 470-3871(S).
f. The provider submits attendance
				documentation for payment and the provider knows or should have known that the
				documentation is false or inaccurate.
g. An overpayment of CCA funds with a balance
				of $3,000 or more exists for a provider and that provider fails to enter into a
				repayment agreement with the department of inspections and appeals (DIA) or
				does not make payments according to the repayment agreement on file with
				DIA.
h. The provider is found to
				have more children in care at one time than allowed for the provider type as
				found at rule 441-110.6 (237A) and
				441-subrules 110.13(1), 110.14(1), 110.15(1), 120.6(1) and
				170.4(3).
Iowa Administrative Code › Agency 441 - Human Services Department › Title XV - Individual and Family Support and Protective Services › Chapter 170 - Child Care Services › Rule 441-170.6 - Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
Notice of adverse action shall be given in accordance with
				  441-Chapter 16. The right to appeal shall be given in accordance with
				  441-Chapter 7.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XV - Individual and Family Support and Protective Services › Chapter 170 - Child Care Services › Rule 441-170.7 - Provider Fraud

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Fraud.
The department shall consider a child care provider to
				have committed fraud when:
a. The department
				of inspections and appeals, in an administrative or judicial proceeding, has
				found the provider to have obtained by fraudulent means child care assistance
				payment in an amount in excess of $1,000; or
b. The provider has agreed to entry of a
				civil judgment or judgment by confession that includes a conclusion of law that
				the provider has obtained by fraudulent means child care assistance payment in
				an amount in excess of $1,000.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XV - Individual and Family Support and Protective Services › Chapter 172 - Family-centered Services › Rule 441-172.2 - Purpose and Scope

Current through Register Vol. 47, No. 3, July 24, 2024
Family-centered services are services designed to prevent the
				  child from entering foster care and to assist the family when the needs of the
				  child, parent, or kinship caregiver are directly related to the safety,
				  permanency, or well-being of the child. The outcome of the services may be to
				  maintain the child with a parent or in the home of the kinship caregiver, to
				  reunify the child safely with a parent or kinship caregiver, or to achieve
				  permanent family connections for the child.
(1) Family-centered services provide
				interventions and supports based on identified needs of children and families
				that have come to the agency's attention because of:
a. Evaluation of the findings of a child
				abuse assessment report and the family's risk assessment score; or
b. The child's adjudication as a child in
				need of assistance pursuant to Iowa Code section
				232.2; or
c. The child's placement out of home under
				the agency's care and supervision.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XV - Individual and Family Support and Protective Services › Chapter 172 - Family-centered Services › Rule 441-172.3 - Authorization

Current through Register Vol. 47, No. 3, July 24, 2024
When the agency has approved provision of family-centered
				  services for a child and family, the agency worker shall notify the contractor
				  by issuing the referral and authorization for child welfare services form. This
				  authorization form shall indicate:
1.
				The specific service category authorized; and
2. The duration of the
				authorization.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XV - Individual and Family Support and Protective Services › Chapter 172 - Family-centered Services › Rule 441-172.5 - Client Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
Clients may appeal the agency's decision pursuant to
				  441-Chapter 7 when:
1. The client's
				application for services as described in this chapter is denied, or
2. The services are terminated.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XV - Individual and Family Support and Protective Services › Chapter 175 - Abuse of Children › Rule 441-175.22 - Receipt of a Report of Suspected Child Abuse

Current through Register Vol. 47, No. 3, July 24, 2024
Reports of suspected child abuse shall be received by local
				  department offices, the central abuse registry, or the Child Abuse
				  Hotline.
(1) Any report made to the
				department which alleges child abuse, as defined in Iowa Code section
				232.68, or
				constitutes a complaint that a child is a child in need of assistance, as
				defined in Iowa Code section
				232.2(6),
				shall be accepted for assessment.
(2) Reports of suspected child abuse which do
				not meet the legal definition of child abuse shall become rejected intakes.
a. If a report of suspected child abuse does
				not meet the legal definition of child abuse or is accepted as a family
				assessment, but a criminal act harming a child is alleged, the department shall
				immediately refer the matter to the appropriate law enforcement
				agency.
b. If a report constitutes
				an allegation of child sexual abuse as defined under Iowa Code section
				232.68(2)
"a"
(3) as amended by 2016 Iowa Acts, Senate File 2258, except
				that the suspected abuse resulted from the acts or omissions of a person who
				was not a caretaker or was not a person who resides in a home with the child,
				the department shall refer the report to law enforcement orally as soon as
				practicable and follow up in writing within 72 hours of receiving the
				report.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XV - Individual and Family Support and Protective Services › Chapter 175 - Abuse of Children › Rule 441-175.23 - Sources of Report of Suspected Child Abuse

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Mandatory reporters.
Any
				person meeting the criteria of a mandatory reporter is required to make an oral
				report of the suspected child abuse to the department within 24 hours of
				becoming aware of the abusive incident and make a written report to the
				department within 48 hours following the oral report. If the person making the
				report has reason to believe that immediate protection for the child is
				advisable, that person shall also make an oral report to an appropriate law
				enforcement agency.
(2)
Others required to report.
In addition to mandatory reporters
				which are so designated by the Iowa Code, there are other classifications of
				persons who are required, either by administrative rule or department policy,
				to report suspected child abuse when this is a duty identified through the
				person's employment. Others required to report include:
a. Income maintenance workers.
b. Certified adoption
				investigators.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XV - Individual and Family Support and Protective Services › Chapter 175 - Abuse of Children › Rule 441-175.24 - Assessment Intake Process

Current through Register Vol. 47, No. 3, July 24, 2024
The primary purpose of intake is to obtain available and
				  pertinent information regarding an allegation of child abuse and determine
				  whether a report of suspected child abuse becomes accepted for assessment or a
				  rejected intake.
(1) To result in an
				assessment, the report of suspected child abuse must include some information
				to indicate all of the following.
a. The
				alleged victim of child abuse is a child.
b. The alleged perpetrator of child abuse is:
(1) A caretaker; or
(2) A person who resides in a home with the
				child, if the allegation is sexual abuse as defined in Iowa Code section
				232.68(2)
"a "
(3) as amended by 2016 Iowa Acts, Senate File
				2258; or
(3) A person who engages
				in or allows child sex trafficking as defined in Iowa Code section
				232.68(2)
"a"
(11) as amended by 2016 Iowa Acts, Senate File
				2258.
c. The alleged
				incident falls within the definition of child abuse.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XV - Individual and Family Support and Protective Services › Chapter 175 - Abuse of Children › Rule 441-175.25 - Assessment Process

Current through Register Vol. 47, No. 3, July 24, 2024
A child abuse assessment shall be initiated within 24 hours
				  following the report of suspected child abuse. A family assessment shall be
				  initiated within 72 hours following the report of suspected child abuse. The
				  primary purpose in conducting an assessment is to protect the safety of the
				  child named in the report. The secondary purpose of the assessment is to engage
				  the child's family in services in a culturally competent way, to enhance family
				  strengths and to address needs, where this is necessary and desired.
(1)
Observing and evaluating the
				child's safety.
A safety assessment and risk assessment will be
				completed during the course of a child abuse assessment or family assessment.
a. During a child abuse assessment, when
				there is an immediate threat to the child's safety, reasonable efforts shall be
				made to observe the alleged child victim and evaluate the safety of the child
				named in the report within one hour of receipt of the report of suspected child
				abuse. Otherwise, reasonable efforts shall be made to observe the alleged child
				victim and evaluate the child's safety within 24 hours of receipt of the report
				of suspected child abuse.
(1) When the alleged
				perpetrator clearly does not have access to the alleged child victim,
				reasonable efforts shall be made to observe the alleged child victim and
				evaluate the child's safety within 96 hours of receipt of the report of
				suspected child abuse.
(2) When
				reasonable efforts have been made to observe the alleged child victim within
				the specified time frames and the worker has established that there is no risk
				to the alleged child victim, the observation of the alleged child victim may be
				delayed or waived with supervisory approval.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XV - Individual and Family Support and Protective Services › Chapter 175 - Abuse of Children › Rule 441-175.27 - Contact With Juvenile Court or the County Attorney

Current through Register Vol. 47, No. 3, July 24, 2024
The child protection worker may orally contact juvenile
				  court or the county attorney, or both, as circumstances warrant.
(1)
Report of intake.
When a
				report of suspected child abuse is accepted or rejected for assessment, the
				county attorney shall be provided a child protective service intake form, with
				information about the allegation of child abuse and with identifying
				information about the subjects of the report.
(2)
Report of disposition.
The child protection worker shall provide the juvenile court and the county
				attorney with a copy of the child abuse assessment report, which pertains to
				the findings, determinations, and recommendations regarding the child abuse
				assessment.
(3)
Report of
				assessment.
The child protection worker shall provide the county
				attorney and the juvenile court with a copy of the family risk assessment,
				safety assessment, safety plan, and family assessment report when any of the
				following occur:
a.
County attorney's
				or juvenile court's assistance necessary.
The worker requires the
				court's or the county attorney's assistance to complete the assessment
				process.
b.
Court's
				protection needed.
The worker believes that the child requires the
				court's protection.
c.
Child adjudicated.
The child is currently adjudicated or
				pending adjudication under a child in need of assistance petition or a
				delinquency petition.
d.
County attorney or juvenile court requests copy.
The county
				attorney or juvenile court requests a copy of the child abuse assessment data.
				The child protection worker shall document when the assessment data is provided
				to the county attorney or juvenile court and the rationale provided for the
				request.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XV - Individual and Family Support and Protective Services › Chapter 175 - Abuse of Children › Rule 441-175.28 - Consultation With Health Practitioners or Mental Health Professionals

Current through Register Vol. 47, No. 3, July 24, 2024
The child protection worker may contact a health practitioner
				  or a mental health professional as circumstances warrant and shall contact a
				  health practitioner or a mental health professional when the worker requires
				  the assistance of the health practitioner or mental health professional in
				  order to complete the assessment process or when the worker requires the
				  opinion or advice of the health practitioner or mental health professional in
				  order to determine if the child requires or should have required medical,
				  health or mental health care as a result of suspected abuse.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XV - Individual and Family Support and Protective Services › Chapter 175 - Abuse of Children › Rule 441-175.29 - Consultation With Law Enforcement

Current through Register Vol. 47, No. 3, July 24, 2024
(1) During the course of a child abuse
				assessment, the child protection worker may contact law enforcement as
				warranted and shall contact law enforcement when the worker believes that:
a. The abuse reported may require a criminal
				investigation and subsequent prosecution.
b. The child must be separated from the
				person responsible for the abuse.
c. Contact by the child protection worker
				with the family will result in a volatile and dangerous response by the child
				or family members.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XV - Individual and Family Support and Protective Services › Chapter 175 - Abuse of Children › Rule 441-175.30 - Information Shared With Law Enforcement

Current through Register Vol. 47, No. 3, July 24, 2024
When the department is jointly conducting a child abuse
				  assessment with law enforcement personnel, the department may share information
				  gathered during the child abuse assessment process when an assessment is
				  conducted in conjunction with a criminal investigation. When the department has
				  rejected an intake or an intake is accepted for a family assessment, only the
				  information collected at intake (excluding reporter information) may be shared
				  with law enforcement.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XV - Individual and Family Support and Protective Services › Chapter 175 - Abuse of Children › Rule 441-175.31 - Completion of Required Correspondence

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Notification to parents that an
				assessment is being conducted.
Written notice shall be provided to the
				parents of a child who is the subject of an assessment within five working days
				of commencing an assessment. Both custodial and noncustodial parents shall be
				notified, if their whereabouts are known. If it is believed that notification
				will result in danger to the child or others, an emergency order to prohibit
				parental notification shall be sought from juvenile court.
(2)
Notification of completion of
				assessment and right to request correction.
Written notice which
				indicates that the child abuse assessment is completed shall be provided to all
				subjects of a child abuse assessment and to the mandatory reporter who made the
				report of child abuse. Both custodial and noncustodial parents shall be
				notified if their whereabouts are known.
a.
				The notice shall contain the following information pursuant to Iowa Code
				section 235A. 19:
(1) A subject may request
				correction of the information contained within the child abuse assessment
				report if the subject disagrees with the information.
(2) A person named responsible for the abuse
				has the right to appeal if the department does not correct the data or findings
				as requested.
(3) A subject, other
				than the person named responsible for the abuse, has the opportunity to file a
				motion to intervene in an appeal hearing.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XV - Individual and Family Support and Protective Services › Chapter 175 - Abuse of Children › Rule 441-175.32 - Case Records

Current through Register Vol. 47, No. 3, July 24, 2024
The assessment case record shall contain the assessment
				  report as described in rule
				  441-175.26
				  (232) and any related correspondence or information which pertains to the
				  assessment or to the child and family. The name of the person who made the
				  report of child abuse shall not be disclosed.
(1)
Child abuse assessment report.
				A
child abuse assessment report has two parts.
a. Report and disposition data as described
				in 175.26(1)
"a. "
Subjects of the report have access to report
				and disposition data, including, where applicable, confirmation of placement on
				the central abuse registry for abuse reports meeting the criteria pursuant to
				Iowa Code section
				232.71D
				as amended by 2013 Iowa Acts, House File 590. A child abuse assessment report
				shall be submitted to the central abuse registry only if the abuse is confirmed
				and determined to meet the criteria pursuant to Iowa Code section
				232.71D
				as amended by 2013 Iowa Acts, House File 590.
b. Assessment data as described in
				175.26(1)
"b"
shall be available to subjects. Release of
				assessment data shall be accomplished only when the parent or guardian approves
				the release as provided in Iowa Code section
				217.30
				or as specified in Iowa Code section
				235A.15.
				Assessment data shall not be submitted to the central abuse registry.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XV - Individual and Family Support and Protective Services › Chapter 175 - Abuse of Children › Rule 441-175.33 - Child Protection Centers

Current through Register Vol. 47, No. 3, July 24, 2024
The department may contract with designated child protection
				  centers for assistance in conducting child abuse assessments. When a child who
				  is the subject of an assessment is interviewed by staff at a child protection
				  center, that interview may be used in conjunction with an interview conducted
				  by the child protection worker. Written reports developed by the child
				  protection center shall be provided to the child protection worker and may be
				  included in the assessment case record. Video or audio records are considered
				  to be part of the assessment process and shall be maintained by the child
				  protection center under the same confidentiality provisions of Iowa Code
				  section
				  217.30
				  and 441-Chapter 9. Services or assistance from a child protection center will
				  not be available through a family assessment. Law enforcement may refer
				  families as appropriate.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XV - Individual and Family Support and Protective Services › Chapter 175 - Abuse of Children › Rule 441-175.34 - Department-operated Facilities

Current through Register Vol. 47, No. 3, July 24, 2024
When an allegation of child abuse occurs at a
				  department-operated facility, the allegation shall be referred to the
				  department of inspections and appeals for investigation or
				  assessment.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XV - Individual and Family Support and Protective Services › Chapter 175 - Abuse of Children › Rule 441-175.35 - Jurisdiction of Assessments

Current through Register Vol. 47, No. 3, July 24, 2024
Child protection workers serving the county in which the
				  child's home is located have primary responsibility for completing the
				  assessment except when the suspected abuse occurs in an out-of-home placement.
				  Circumstances in which the department shall conduct an assessment when another
				  state is involved include the following:
(1)
Child resides in Iowa but
				incident occurred in another state.
When the child who is the subject
				of a report of suspected abuse physically resides in Iowa but has allegedly
				been abused in another state, the worker shall do all of the following:
a. Obtain available information from the
				reporter.
b. Make an oral report to
				the office of the other state's protective services agency and request
				assistance from the other state in completing the assessment.
c. Complete the assessment with assistance,
				as available, of the other state.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XV - Individual and Family Support and Protective Services › Chapter 175 - Abuse of Children › Rule 441-175.37 - Community Education

Current through Register Vol. 47, No. 3, July 24, 2024
The department shall conduct a continuing publicity and
				  educational program for the personnel of the department, mandatory reporters,
				  and the general public to encourage recognition and reporting of child abuse,
				  to improve the quality of reports of child abuse made to the department, and to
				  inform the community about the assessment-based approach to child abuse
				  cases.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XV - Individual and Family Support and Protective Services › Chapter 175 - Abuse of Children › Rule 441-175.38 - Written Authorizations

Current through Register Vol. 47, No. 3, July 24, 2024
Requests for information from members of the general public
				  as to whether a person is named on the central abuse registry as having abused
				  a child shall be submitted on the authorization for release of child abuse
				  information form to the county office of the department or the central abuse
				  registry. The form shall be completed and signed by the person requesting the
				  information and the person authorizing the check for the release of child abuse
				  information.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XV - Individual and Family Support and Protective Services › Chapter 175 - Abuse of Children › Rule 441-175.39 - Founded Child Abuse

Current through Register Vol. 47, No. 3, July 24, 2024
Reports of child abuse where abuse has been confirmed shall
				  be placed on the central abuse registry as founded child abuse for either five
				  or ten years under any of the circumstances specified by Iowa Code section
				  232.71D
				  as amended by 2013 Iowa Acts, House File 590. When none of the placement
				  criteria listed in Iowa Code section
				  232.71D(3)
"b"
as amended by 2013 Iowa
				  Acts, House File 590, are applicable, reports of denial of critical care by
				  failure to provide adequate clothing or failure to provide adequate supervision
				  and physical abuse where abuse has been confirmed and determined to be minor,
				  isolated, and unlikely to reoccur shall not be placed on the central abuse
				  registry as a case of founded child abuse. The confirmed abuse shall be placed
				  on the registry unless all three conditions are met.
(1)
Confidentiality of founded child
				abuse report and data.
The confidentiality of report and disposition
				data pertaining to founded child abuse shall be maintained as provided in Iowa
				Code chapter 23 5 A. Access to the report and disposition data on founded child
				abuse is authorized only as provided in Iowa Code section
				235A.15.
(2)
Sealing and expungement of
				founded child abuse report and data.
Report and disposition data
				pertaining to founded child abuse shall be sealed and expunged as provided in
				Iowa Code section
				235A.18.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XV - Individual and Family Support and Protective Services › Chapter 175 - Abuse of Children › Rule 441-175.41 - Access to Child Abuse Information

Current through Register Vol. 47, No. 3, July 24, 2024
Requests for child abuse information shall include sufficient
				  information to demonstrate that the requesting party has authorized access to
				  the information.
(1)
Written
				requests.
Requests for child abuse information shall be submitted on a
				Request for Child Abuse Information form to the county office of the
				department, except requests made for the purpose of determining employability
				of a person in a department-operated facility shall be submitted to the central
				abuse registry. Subjects of a report may submit a request for child abuse
				information to the county office of the department on a request for child abuse
				information form, a notice of child abuse assessment: founded form, a notice of
				child abuse assessment: confirmed not registered form, a notice of child abuse
				assessment: not confirmed form, or a family assessment report form. The county
				office is granted permission to release child abuse information to the subject
				of a report immediately upon verification of the identity and subject
				status.
(2)
Oral
				requests.
Oral requests for child abuse information may be made when a
				person making the request believes that the information is needed immediately
				and if the person is authorized to access the information. When an oral request
				to obtain child abuse information is granted, the person approving the request
				shall document the approval to the central abuse registry through use of a
				request for child abuse information form or a notice of child abuse assessment:
				founded form.
Upon approval of any request for child abuse information
				  authorized by this rule, the department shall withhold the name of the person
				  who made the report of child abuse unless ordered by a juvenile court or
				  district court after a finding that the person's name is needed to resolve an
				  issue in any phase of a case involving child abuse. Written requests and oral
				  requests do not apply to child abuse information that is disseminated to an
				  employee of the department, to a juvenile court, or to the attorney
				  representing the department as authorized by Iowa Code section 235A.15.
(3)
Written
				authorizations.
Requests for information from members of the general
				public as to whether a person is named on the central abuse registry as having
				abused a child shall be submitted on an Authorization for release of child
				abuse information form to the county office of the department or the central
				abuse registry. The form shall be completed and signed by the person requesting
				the information and the person authorizing the check for the release of child
				abuse information. The department shall not provide requested information when
				the authorization form is incomplete. Incomplete authorization forms shall be
				returned to the requester.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XV - Individual and Family Support and Protective Services › Chapter 175 - Abuse of Children › Rule 441-175.42 - Person Conducting Research

Current through Register Vol. 47, No. 3, July 24, 2024
The supervisor of the central abuse registry shall be
				  responsible for determining whether a person requesting child abuse information
				  is conducting bona fide research, whether the research will further the
				  official duties and functions of the central abuse registry, and whether
				  identified information is essential to the research design. A bona fide
				  research design is one which shows evidence of a good-faith, academically
				  objective and sincere intent to add to the body of knowledge about child abuse.
				  To make this determination, the central abuse registry shall require the person
				  to submit credentials and the research design. Additional criteria for approval
				  of a research project may include whether the research involves contact with
				  subjects of child abuse information, and whether contact with department
				  personnel is required to complete the research design. If it is determined that
				  the research will involve use of identified information, the central abuse
				  registry shall also determine under what circumstances and in what format the
				  information is to be used and shall execute an agreement with the researcher
				  which will enable the researcher to obtain access to identified information on
				  subjects of child abuse investigations, as an agent of the central abuse
				  registry. The department will require the researcher to assume costs incurred
				  by the department in obtaining or providing information for research purposes.
				  The department shall keep a public record of persons conducting this
				  research.
(1)
Child abuse
				factors.
For purposes of conducting research pursuant to Iowa Code
				sections
				235A.15
				and
				235A.23, official duties
				and functions of the central abuse registry shall include analysis or
				identification of child abuse factors in at least one of the following areas:
a. Causes of abuse-victim, parent and
				perpetrator characteristics, types of abuse, and correlations to family and
				environmental factors.
b. Effects
				of abuse-immediate and long-term effects of abuse on the individual child
				victim, the child's family and the perpetrator, in areas such as family
				functioning, foster placement, emotional and medical problems, and criminal
				activity; and effects of abuse on the community and society in
				general.
c. Prevention of
				abuse-intervention, prevention and treatment strategies.
d. Treatment of abuse-impact of service
				delivery upon recidivism and maintenance of the family unit.
e. Reporting of abuse-mandatory and
				permissive reporter characteristics, training needs, and perception of the
				department's protective services to children and families.
f. Identification of strengths and weaknesses
				in statute, policy or practice concerning child abuse services.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XV - Individual and Family Support and Protective Services › Chapter 176 - Dependent Adult Abuse › Rule 441-176.2 - Denial of Critical Care

Current through Register Vol. 47, No. 3, July 24, 2024
The failure, by acts or omissions, on the part of the
				  caretaker or dependent adult to provide for minimum food, shelter, clothing,
				  supervision, physical or mental care, and other care necessary for the
				  dependent adult's health and welfare when financially able to do so or when
				  offered financial and other reasonable means to do so shall constitute denial
				  of critical care to that dependent adult.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XV - Individual and Family Support and Protective Services › Chapter 176 - Dependent Adult Abuse › Rule 441-176.3 - Appropriate Evaluation

Current through Register Vol. 47, No. 3, July 24, 2024
Upon receipt of a dependent adult abuse report, the
				  department shall conduct an intake sufficient to determine whether the
				  allegation meets criteria and constitutes a report of dependent adult abuse as
				  defined in Iowa Code section
				  235B.2.
(1) Dependent adult abuse reports shall be
				evaluated when all of the following criteria are alleged to be met:
a. There is a reasonable belief the person is
				a dependent adult.
b. Dependent
				adult abuse as defined in Iowa Code section
				235B.2 is suspected.
c. The alleged person responsible is:
(1) A caretaker in reports of physical
				injury, assault, unreasonable confinement or cruel punishment of a dependent
				adult; commission of a sexual offense; exploitation; personal degradation; and
				deprivation of food, shelter, clothing, supervision, physical or mental health
				care and other care necessary to maintain life or health.
(2) The dependent adult in reports of
				deprivation of food, shelter, clothing, supervision, physical or mental health
				care and other care necessary to maintain life or health due to the adult's own
				acts or omissions pursuant to Iowa Code section
				235B.2(5)
"a"
(2).
Iowa Administrative Code › Agency 441 - Human Services Department › Title XV - Individual and Family Support and Protective Services › Chapter 176 - Dependent Adult Abuse › Rule 441-176.4 - Reporters

Current through Register Vol. 47, No. 3, July 24, 2024
As a function of the central registry, centralized intake
				  shall take reports from mandatory reporters or any other person who believes
				  dependent adult abuse has occurred.
(1) Mandatory reporters shall report
				suspected abuse of a dependent adult within 24 hours of becoming aware of an
				abusive incident.
(2) The reporter
				may use Form 470-2441 or a form developed by the reporter that meets the
				requirements of Iowa Code section
				235B.3.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XV - Individual and Family Support and Protective Services › Chapter 176 - Dependent Adult Abuse › Rule 441-176.5 - Reporting Procedure

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Each report
				made by someone other than a mandatory reporter may be oral or
				written.
(2) The report shall be
				made by telephone or otherwise to the department. When the person making the
				report has reason to believe that immediate protection for the dependent adult
				is advisable, that person will be asked to also make an oral report to an
				appropriate law enforcement agency.
(3) The department shall provide electronic
				access to all reports alleging dependent adult abuse to the appropriate county
				attorney.
(4) The report may
				contain the following information, or as much thereof as the person making the
				report is able to furnish:
a. The names and
				home addresses of the dependent adult, appropriate relatives, caretakers, and
				other persons believed to be responsible for the care of the dependent
				adult.
b. The dependent adult's
				present whereabouts if not the same as the address given.
c. The reason the adult is believed to be
				dependent. Dependency is the first criterion to be considered before beginning
				an evaluation.
d. The dependent
				adult's age.
e. The nature and
				extent of the dependent adult abuse, including evidence of previous dependent
				adult abuse. The existence of alleged dependent adult abuse is the second
				criterion to be considered before beginning an evaluation.
f. Information concerning suspected dependent
				adult abuse of other dependent adults in the same residence.
g. Other information which the person making
				the report believes might be helpful in establishing the cause of the abuse or
				the identity of the person or persons responsible for the abuse, or helpful in
				providing assistance to the dependent adult.
h. The name and address of the person making
				the report.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XV - Individual and Family Support and Protective Services › Chapter 176 - Dependent Adult Abuse › Rule 441-176.6 - Duties of the Department Upon Receipt of Report

Current through Register Vol. 47, No. 3, July 24, 2024
(1) When a
				report is received and meets the criteria pursuant to Iowa Code section
				235B.2(5)
"a,"
the department shall promptly commence an
				appropriate evaluation or assessment, except that the department of inspections
				and appeals is responsible for the evaluation and disposition of a case of
				dependent adult abuse in a health care facility pursuant to Iowa Code chapter
				235E, including hospitals as defined in Iowa Code section
				135B.1 and facilities as defined
				in Iowa Code section 135C.1. The department shall
				forward all reports and other information concerning dependent adult abuse in a
				health care facility to the department of inspections and appeals on the first
				working day following the submitting of the report. The department of
				inspections and appeals shall inform the registry of all actions taken or
				contemplated concerning the evaluation or disposition of a case of dependent
				adult abuse in a health care facility.
(2) The evaluation or assessment shall
				include all of the following:
a.
				Identification of the nature, extent, and cause of the dependent adult abuse,
				if any, to the dependent adult named in the report.
b. The identification of the person or
				persons responsible for the dependent adult abuse.
c. A determination of whether other dependent
				adults in the same residence have been subjected to dependent adult
				abuse.
d. A critical examination of
				the residential environment of the dependent adult named in the report, and the
				dependent adult's relationship with caretakers and other adults in the same
				residence.
e. A critical
				explanation of all other pertinent matters.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XV - Individual and Family Support and Protective Services › Chapter 176 - Dependent Adult Abuse › Rule 441-176.7 - Appropriate Evaluation or Assessment

Current through Register Vol. 47, No. 3, July 24, 2024
(1) After
				receipt of a report alleging dependent adult abuse which meets criteria as
				outlined in subrule 176.3(1), a dependent adult abuse evaluation or assessment
				will be initiated and will be assigned to an adult protection worker. The adult
				protection worker will make an effort to observe and examine the dependent
				adult as authorized by subrule 176.6(3) and evaluate the dependent adult's
				safety.
a. For cases where there is
				information that the alleged perpetrator has access to the adult subject,
				reasonable efforts shall be made to observe the adult subject and evaluate the
				adult subject's safety within 24 hours of commencing the assessment of the
				report alleging dependent adult abuse.
b. For cases where there is information that
				the alleged perpetrator clearly has no access to the adult subject, or for
				cases where services are in place to mitigate any safety concerns, reasonable
				efforts shall be made to observe the adult subject and evaluate the adult
				subject's safety within 72 hours of commencing the assessment of the report
				alleging dependent adult abuse.
c.
				When reasonable efforts have been made to observe the adult subject within the
				specified time frames and the worker has established that there is no need to
				observe and no risk to the adult subject, the observation of the adult subject
				may be delayed or waived with supervisory approval.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XV - Individual and Family Support and Protective Services › Chapter 176 - Dependent Adult Abuse › Rule 441-176.8 - Registry Records

Current through Register Vol. 47, No. 3, July 24, 2024
Central registry records shall be kept in the name of the
				  dependent adult and cross-referenced in the name of the alleged person
				  responsible (if applicable).
Iowa Administrative Code › Agency 441 - Human Services Department › Title XV - Individual and Family Support and Protective Services › Chapter 176 - Dependent Adult Abuse › Rule 441-176.10 - Person Conducting Research

Current through Register Vol. 47, No. 3, July 24, 2024
The person in charge of the central registry shall be
				  responsible for determining whether a person requesting dependent adult abuse
				  information is conducting bona fide research. To make this determination, the
				  central registry may require these persons to submit credentials and the
				  research design. If the registry determines that identified information is
				  essential to the research design, the registry shall also determine the method
				  by which written permission is to be secured from the dependent adult or
				  guardians of the dependent adult who could be identified by the information to
				  be researched. Any costs incurred in the dissemination of the information shall
				  be assumed by the researcher. The department will keep a public record of
				  persons conducting research.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XV - Individual and Family Support and Protective Services › Chapter 176 - Dependent Adult Abuse › Rule 441-176.11 - Examination of Information

Current through Register Vol. 47, No. 3, July 24, 2024
Pursuant to Iowa Code section
				  235B.10, any person, or that
				  person's attorney, requesting to examine the information in the registry which
				  refers to that person, shall be allowed to inspect the information after
				  providing appropriate identification. Examination of information contained in
				  the central registry can be made at the site of the central registry between
				  the hours of 8 a.m. and 12 noon or 1 p.m. and 4 p.m., Monday through Friday,
				  except state authorized holidays.