Iowa Administrative Code › Agency 441 - Human Services Department › Title XII - Licensing and Approved Standards › Chapter 106 - Certification Standards for Children's Residential Facilities › Rule 441-106.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Administrator"
means the administrator of
				  that division of the department designated by the director of human services to
				  administer this chapter or the administrator's designee.
"Agency, "
unless otherwise provided by law,
				  means an individual, corporation, limited liability company, business trust,
				  estate, trust, partnership or association, or any other legal entity which
				  provides care as a children's residential facility.
"Chemical restraint"
means the use of
				  chemical agents, including psychotropic drugs, as a form of restraint.
"Child"
or
"children"
means
				  an individual or individuals less than 18 years of age.
"Children's residential facility"
means a
				  private facility designed to serve children who have been voluntarily placed
				  for reasons other than an exclusively recreational activity outside of their
				  home by a parent or legal guardian and who are not under the custody or
				  authority of the department of human services, juvenile court, or another
				  governmental agency, that provides 24-hour care, including food, lodging,
				  supervision, education, or other care on a full-time basis by a person other
				  than a relative or guardian of the child, but does not include an entity
				  providing any of the following:
1. Care furnished by an individual who receives the child of
				  a personal friend as an occasional and personal guest in the individual's home,
				  free of charge and not as a business.
2. Care furnished by an individual with whom a child has been
				  placed for lawful adoption, unless that adoption is not completed within two
				  years after placement.
3. Child care furnished by a child care facility as defined
				  in Iowa Code section 237A. 1.
4. Care furnished in a hospital licensed under Iowa Code
				  chapter 135B or care furnished in a health care facility as defined in Iowa
				  Code section
				  135C.1.
5. Care furnished by a juvenile detention home or juvenile
				  shelter care home approved under Iowa Code section
				  232.142.
6. Care furnished by a child foster care facility licensed
				  under Iowa Code chapter 237.
7. Care furnished by an institution listed in Iowa Code
				  section
				  218.1.
8. Care furnished by a facility licensed under Iowa Code
				  chapter 125.
9. Care furnished by a psychiatric medical institution for
				  children licensed under Iowa Code chapter 135H.
"Control room "
means a locked room used for
				  treatment purposes.
"Department"
means the Iowa department of
				  human services.
"Mechanical restraint"
means restriction of
				  a child's mobility or ability to use the child's hands, arms, or legs by the
				  use of a mechanical device.
"Physical restraint"
means direct physical
				  contact required on the part of a staff member to prevent a child from hurting
				  self, others, or property.
"Prone restraint"
means a physical restraint
				  in which a child is held face down on the floor.
"Staff"
means any person providing care or
				  services to or on behalf of the facility whether the person is an employee of
				  the facility, an independent contractor or any other person who contracts with
				  the facility, an employee of an independent contractor or any other person who
				  contracts with the facility, or a volunteer.