Iowa Administrative Code › Agency 441 - Human Services Department › Title XII - Licensing and Approved Standards › Chapter 108 - Licensing and Regulation of Child-placing Agencies › Rule 441-108.4 - Staff Qualifications

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Qualifications for all staff.
A child-placing agency employee
				or volunteer shall be emotionally stable and have the experience and education
				to perform the duties assigned. The agency shall not employ any person or give
				any person direct volunteer responsibility for a child or access to a child
				when the child is alone if that person has been convicted of a crime involving
				the mistreatment or exploitation of a child or dependent adult. The agency
				shall not employ any person or give any person direct volunteer responsibility
				for a child or access to a child when the child is alone if that person has a
				record of a criminal conviction or founded child or dependent adult abuse
				report unless the department has evaluated the crime or abuse and determined
				that the crime or abuse does not merit prohibition of volunteering or
				employment. If the child-placing agency is out of state, the agency shall
				complete that state's child or dependent adult abuse record check and a
				criminal record check.
a. If a record of
				criminal conviction or founded child or dependent adult abuse exists, the
				person shall be offered the opportunity to complete and submit Form
				470-2310.
b. In its evaluation, the
				department shall consider:
(1) The nature and
				seriousness of the crime or founded abuse in relation to the employment or
				volunteer position sought;
(2) The
				time elapsed since the commission of the crime or founded abuse;
(3) The circumstances under which the crime
				or founded abuse was committed;
(4)
				The degree of rehabilitation;
(5)
				The likelihood that the person will commit the crime or founded abuse again;
				and
(6) The number of crimes or
				founded abuses committed by the person involved.
c. The agency shall maintain the following
				information with respect to each staff person:
(1) Documentation that a criminal record
				check with the Iowa division of criminal investigation has been completed on
				the staff person prior to the staff person's providing any care or service
				directly or indirectly to children under the care of the agency. A copy of the
				department's evaluation of the criminal record check shall be kept in the staff
				record.
(2) A written, signed and
				dated statement furnished by the staff person which discloses any founded
				reports of child or dependent adult abuse on the person that may exist prior to
				the staff person's providing any care or services to or on behalf of the
				facility.
(3) Documentation that a
				child or dependent adult abuse record check of the staff person has been
				completed with the Iowa central abuse registry for any founded reports of child
				or dependent adult abuse prior to the staff person's providing any care or
				services directly or indirectly to children under the care of the agency. A
				copy of the department's evaluation of this child or dependent adult abuse
				record check shall be kept in the staff record.