reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 441 - Human Services Department › Title XVI - Alternative Living › Chapter 202 - Foster Care Placement and Services › Rule 441-202.16 - Department Approval of Need for a Psychiatric Medical Institution for Children

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				Applicants for departmental approval of need shall submit the following to the
				division of child and family services:
a. A
				description of the population to be served, including age, sex, and types of
				disorders, and an estimate of the number of these youth in need of psychiatric
				care in the area of the state in which the applicant is located.
b. A statement of the number of beds
				requested and a description of the treatment program to be provided, the
				outcomes to be achieved and the techniques for measuring outcomes.
c. A proposed date of operation as a
				psychiatric medical institution for children.
d. A description of the applicant's
				experience with providing similar services to youth, especially the target
				population.
e. A description of the
				applicant's plan, including the timeline for achieving accreditation to provide
				psychiatric services from a federally recognized accrediting organization under
				the organization's standards for residential settings and licensure as a
				psychiatric medical institution for children, or a copy of the organization's
				report if already accredited.
f.References from the service area manager
				for the department service area in which the proposed psychiatric medical
				institution for children would be located, the chief juvenile court officer of
				the judicial district in which the proposed psychiatric medical institution for
				children would be located and the applicant's licensor from the department of
				inspections and appeals or department of public health.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XVI - Alternative Living › Chapter 202 - Foster Care Placement and Services › Rule 441-202.17 - Area Group Care Targets

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Area target.
A group care budget target shall be established
				for each departmental service area, which shall be based on the annual
				statewide group care appropriation established by the general assembly.
a. The department and the judicial branch
				shall jointly develop a formula for allocating the group care appropriation
				among the departmental service areas. The formula shall be based on:
(1) Proportional child population.
(2) Proportional group foster care usage in
				the previous five completed fiscal years.
(3) Other indicators of need.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XVI - Alternative Living › Chapter 202 - Foster Care Placement and Services › Rule 441-202.18 - Local Transition Committees

Current through Register Vol. 47, No. 3, July 24, 2024
Local transition committees shall be established in each of
				  the department service areas. The service area manager or designee shall
				  determine the number of local transition committees needed within the service
				  area, set operating policies and procedures, and appoint committee
				  membership.
(1)
Purpose.
The purpose of local transition committees, as
				established by Iowa Code Supplement section
				235.7, is
				to ensure that the transition needs of youth in foster care who are 16 years of
				age or older have been addressed in order to assist the youth in preparing for
				the transition from foster care to adulthood.
(2)
Membership.
Each
				committee shall have a designated number of members.
a. The standing committee membership may
				include, but is not limited to:
(1)
				Department staff involved with child welfare, adult services, or transition
				planning.
(2) Juvenile court
				services staff
(3) Adult service
				system staff
(4) Education
				staff.
(5) Service care provider
				representation.
(6) Others
				knowledgeable about community resources.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XVI - Alternative Living › Chapter 203 - Iowa Adoption Exchange › Rule 441-203.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Children who are difficult to place"
means
				  "child" as described in 441-subrule 201.3(1), children under state guardianship
				  for whom an adoptive home is not available within 90 days after termination and
				  children as part of a sibling group of more than three children.
"Iowa adoption exchange system"
or
"exchange system"
is a computerized system established to
				  facilitate the adoptive placement of children by matching children legally
				  available for adoption and approved families desiring to adopt a child who is
				  difficult to place.
"Recruitment, retention, training and support (RRTS)
				  contract"
means the state's contractor(s) responsible for activities
				  related to licensing foster families and approving adoptive families, providing
				  support services to foster and preadoptive families, conducting preservice and
				  in-service training, and assisting in matching children in need of foster home
				  care.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XVI - Alternative Living › Chapter 203 - Iowa Adoption Exchange › Rule 441-203.2 - Children to Be Registered on the Exchange System

Current through Register Vol. 47, No. 3, July 24, 2024
(1) All children
				who are difficult to place shall be registered on the exchange system within 60
				days of receipt of the termination of parental rights court order unless a
				deferral is granted by the adoption program manager.
(2) Licensed child-placing agencies shall
				register a child whose parental rights have been terminated and who is under
				their guardianship using one of the following methods:
a. If the agency is registering fewer than
				four children in a calendar year, the agency shall submit the Waiting Child
				Enrollment form to the department.
b. If the agency registers more than three
				children in a calendar year, the agency shall access the exchange system and
				enter the child's name and data.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XVI - Alternative Living › Chapter 203 - Iowa Adoption Exchange › Rule 441-203.3 - Families to Be Registered on the Exchange System

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Approved
				families wishing to adopt a child who is difficult to place shall be registered
				on the exchange system by the department.
(2) Licensed child-placing agencies and
				certified adoption investigators shall register an approved family on the
				exchange using one of the following methods:
a. If the licensed child-placing agency is
				registering fewer than four families in a calendar year, the agency shall
				submit the Exchange Referral of Family form to the department.
b. If the licensed child-placing agency
				registers more than three children in a calendar year, the agency shall access
				the exchange system and enter the family's name and data.
c. Certified adoption investigators shall
				submit the Exchange Referral of Family form to the department.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XVI - Alternative Living › Chapter 203 - Iowa Adoption Exchange › Rule 441-203.4 - Matching Process

Current through Register Vol. 47, No. 3, July 24, 2024
Using the computerized exchange system, the department and
				  licensed child-placing agencies shall search for approved families to meet the
				  needs of the available children. The child's and family's workers shall be
				  contacted for additional information needed to make an informed decision
				  concerning possible adoptive placements.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XVI - Alternative Living › Chapter 204 - Subsidized Guardianship Program › Rule 441-204.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Child"
means either a person less than 18
				  years of age or a person 18, 19, or 20 years of age who meets one or more of
				  the following conditions:
1. Is in full-time attendance at an accredited school
				  pursuing a course of study leading to a high school diploma.
2. Is attending an instructional program leading to a high
				  school equivalency diploma.
3. Has been identified by the director of special education
				  of the area education agency as a child requiring special education as defined
				  in Iowa Code section
				  256B.2(1).
"Department"
means the Iowa department of
				  human services.
"Guardianship subsidy"
means a monthly
				  payment to assist in covering the cost of room, board, clothing, and spending
				  money for the child.
"Nonrecurring expenses"
means reasonable and
				  necessary guardianship fees, court costs, attorney fees, and other expenses
				  that are directly related to finalizing the legal guardianship of a child.
				  These expenses shall be limited to attorney fees, court filing fees and other
				  court costs.
"Relative"
means, for this chapter only, a
				  person to whom a child is related by blood, marriage, or adoption, or a person
				  who has a significant, committed, positive relationship with the child.
"Sibling group"
means at least two children
				  who are whole or half-siblings. A sibling group may include adopted children
				  who have a common parent.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XVI - Alternative Living › Chapter 204 - Subsidized Guardianship Program › Rule 441-204.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Child"
means either a person less than 18
				  years of age or a person 18, 19, or 20 years of age who meets one or more of
				  the following conditions:
1. Is in
				full-time attendance at an accredited school pursuing a course of study leading
				to a high school diploma.
2. Is
				attending an instructional program leading to a high school equivalency
				diploma.
3. Has been identified by
				the director of special education of the area education agency as a child
				requiring special education as defined in Iowa Code section
				256B.2(1).
"Guardianship subsidy"
means a monthly
				  payment to assist in covering the cost of room, board, clothing, and spending
				  money for the child.
"Nonrecurring expenses"
means reasonable and
				  necessary guardianship fees, court costs, attorney fees, and other expenses
				  that are directly related to finalizing the legal guardianship of a child.
				  These expenses shall be limited to attorney fees, court filing fees and other
				  court costs.
"Relative"
means a person to whom a child is
				  related by blood, marriage, or adoption, or a person who has a significant,
				  committed, positive relationship with the child.
"Sibling group"
means at least two children
				  who are whole or half-siblings. A sibling group may include adopted children
				  who have a common parent.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XVI - Alternative Living › Chapter 204 - Subsidized Guardianship Program › Rule 441-204.2 - Eligibility

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General conditions of eligibility.
The guardian named in a
				permanency order under Iowa Code section
				232.104(2)
"d"
(1) or Iowa Code chapter 633 for a child who was
				previously in the custody of the department is eligible for subsidy when all of
				the following conditions exist:
a. The child
				has a documented permanency goal of:
(1)
				Guardianship; or
(2) Another
				planned permanent living arrangement.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XVI - Alternative Living › Chapter 204 - Subsidized Guardianship Program › Rule 441-204.2 - Eligibility

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General conditions of eligibility.
The guardian named in a
				permanency order under Iowa Code section
				232.104(2)
"d"
(1) or chapter 232D for a child who was previously in the
				custody of the department is eligible for subsidy when all of the following
				conditions exist:
a. The child has a
				documented permanency goal of:
(1)
				Guardianship; or
(2) Another
				planned permanent living arrangement.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XVI - Alternative Living › Chapter 204 - Subsidized Guardianship Program › Rule 441-204.3 - Application

Current through Register Vol. 47, No. 3, July 24, 2024
Applications for the subsidized guardianship program may be
				  made at any county office of the department.
(1)
Application forms.
Application for a subsidized guardianship shall be made on the approved
				department form.
(2)
Eligibility determination.
The determination of whether a
				child meets the eligibility requirements is made by the department. The
				proposed guardian shall be notified in writing of the decision of the
				department regarding the child's eligibility for the program and the amount of
				subsidy to be provided.
(3)
Effective date.
The effective date of the guardianship subsidy
				payment shall be the date the guardianship order is signed if all other
				conditions of eligibility are met.
(4)
Redetermination.
The
				department worker shall review the child's eligibility, the needs of the child
				and the child's unearned income every 12 months. Reviews may be done more often
				if needed due to the child's need for special services, revision of the subsidy
				amount because of the child's age, or a request for review by the
				guardian.
(5)
Determination
				of eligibility after age 18.
The department shall review the subsidy
				agreement when the child reaches the age of 17 ½ to determine whether
				the child is eligible to receive subsidy to the age of 21 to complete high
				school or equivalency or due to the child's physical, intellectual, or mental
				health disability.
a. A disability shall be
				diagnosed by a physician, a qualified mental health professional or a qualified
				intellectual disability professional.
b. The diagnosed disability shall be current
				within one year prior to the child's eighteenth birthday.
c. Documentation of the child's diagnosed
				disability shall be provided by the child's guardian to the department to make
				the determination of continued eligibility to the age of 21.
d. Upon the child's reaching the age of 18,
				the subsidy may continue until the child completes courses leading to a high
				school diploma or equivalency or reaches the age of 21. Documentation of school
				enrollment and completion shall be provided by the child's guardian.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XVI - Alternative Living › Chapter 204 - Subsidized Guardianship Program › Rule 441-204.3 - Application

Current through Register Vol. 47, No. 3, July 24, 2024
Applications for the subsidized guardianship program may be
				  made at any county office of the department.
(1)
Application forms.
Application for a subsidized guardianship shall be made on the approved
				department form.
(2)
Eligibility determination.
The determination of whether a
				child meets the eligibility requirements is made by the department. The
				proposed guardian shall be notified in writing of the decision of the
				department regarding the child's eligibility for the program and the amount of
				subsidy to be provided.
(3)
Effective date.
The effective date of the guardianship subsidy
				payment shall be the date the guardianship order is signed if all other
				conditions of eligibility are met.
(4)
Redetermination.
The
				department shall review the child's eligibility, the needs of the child and the
				child's unearned income every 12 months. Reviews may be done more often if
				needed due to the child's need for special services, revision of the subsidy
				amount because of the child's age, or a request for review by the
				guardian.
(5)
Determination
				of eligibility after age 18.
The department shall review the subsidy
				agreement when the child reaches the age of 17½ to determine whether the
				child is eligible to receive a subsidy to the age of 21 to complete high school
				or equivalency or due to the child's physical, intellectual, or mental health
				disability.
a. A disability shall be diagnosed
				by a physician, a qualified mental health professional or a qualified
				intellectual disability professional.
b. The diagnosed disability shall be current
				within one year prior to the child's eighteenth birthday.
c. Documentation of the child's diagnosed
				disability shall be provided by the child's guardian to the
				department.
d. Upon the child's
				reaching the age of 18, the subsidy may continue until the child completes
				courses leading to a high school diploma or equivalency or reaches the age of
				21. Documentation of school enrollment and completion shall be provided by the
				child's guardian.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XVI - Alternative Living › Chapter 204 - Subsidized Guardianship Program › Rule 441-204.4 - Negotiation of Amount of Subsidy

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Subsidy agreement.
The
				amount of subsidy shall be negotiated between the department and the guardian
				and shall be based upon the needs of the child and the circumstances of the
				family.
(2)
Amount of
				subsidy.
Each time negotiations are completed, the department worker
				and the guardian shall complete and sign a new Guardianship Subsidy Agreement.
a. The maximum monthly maintenance payment
				for a child in subsidized guardianship shall be made pursuant to the foster
				family care maintenance rates according to the age and special needs of the
				child as found in 441-subrule 156.6(1) and 441-paragraphs 156.6(4)
"b
				"
and
"f. "
(1) The
				rate for the guardianship subsidy shall not exceed the state's current daily
				basic foster care rate plus any daily special needs allowance or sibling
				allowance for which the child is eligible, as found in 441-subrule 156.6(1) and
				441-paragraphs 156.6(4)
"b"
and
"f."
(2) Rescinded IAB 1/3/07,
				effective 1/1/07.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XVI - Alternative Living › Chapter 204 - Subsidized Guardianship Program › Rule 441-204.4 - Negotiation of Amount of Subsidy

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Subsidy agreement.
The
				amount of subsidy shall be negotiated between the department and the guardian
				and shall be based upon the needs of the child and the circumstances of the
				family.
(2)
Amount of
				subsidy.
Each time negotiations are completed, the department and the
				guardian shall complete and sign a new Guardianship Subsidy Agreement.
a. The maximum monthly maintenance payment
				for a child in subsidized guardianship shall be made pursuant to the foster
				family care maintenance rates according to the age and special needs of the
				child as found in 441-subrule 156.6(4).
(1)
				The rate for the guardianship subsidy shall not exceed the state's current
				daily basic foster care rate plus any daily special needs allowance or sibling
				allowance for which the child is eligible, as found in 441-subrule
				156.6(4).
(2) Reserved.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XVI - Alternative Living › Chapter 204 - Subsidized Guardianship Program › Rule 441-204.5 - Parental Liability

Current through Register Vol. 47, No. 3, July 24, 2024
These subsidy payments are considered foster care payments
				  for purposes of child support recovery and as such create a support debt for
				  the legally responsible parent or parents.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XVI - Alternative Living › Chapter 204 - Subsidized Guardianship Program › Rule 441-204.6 - 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 guardianship subsidy shall be evaluated when
				the department has good cause to suspect the guardian is not providing
				financial support, or is no longer legally responsible for the child. Good
				cause includes, but is not limited to, the following circumstances:
a. The child is placed in out-of-home care
				under Iowa Code chapter 232.
b. A
				person alleges the guardian is not providing financial support to the
				child.
c. A person other than the
				guardian is awarded legal custody of the child.
d. A person other than the guardian 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 guardian for the past 30 consecutive days.
g. The guardian is incarcerated.
h. The guardian 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 204 - Subsidized Guardianship Program › Rule 441-204.6 - 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 guardianship subsidy shall be evaluated when
				the department has good cause to suspect the guardian is not providing
				financial support or is no longer legally responsible for the child. Good cause
				includes, but is not limited to, the following circumstances:
a. The child is placed in out-of-home care
				under Iowa Code chapter 232.
b. A
				person alleges the guardian is not providing financial support to the
				child.
c. A person other than the
				guardian is awarded legal custody of the child.
d. A person other than the guardian 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 guardian for the past 30 consecutive days.
g. The guardian is incarcerated.
h. The guardian 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 204 - Subsidized Guardianship Program › Rule 441-204.7 - Termination of Subsidy

Current through Register Vol. 47, No. 3, July 24, 2024
A Guardianship Subsidy Agreement shall remain in effect until
				  the subsidy is terminated based on one of the grounds listed in this rule. The
				  subsidy shall terminate when any of the following occur, and a notice shall be
				  sent which states the reason for the termination:
1. The child reaches the age of 18, unless
				the department determines that the subsidy may continue until the child reaches
				the age of 21 to facilitate the child's completion of high school or a high
				school equivalency diploma, or the department determines the child is eligible
				to receive a subsidy to the age of 21 due to the child's physical,
				intellectual, or mental health disability.
2. The child marries or enlists in the
				military.
3. The child no longer
				lives with the guardian, except for placement outside the home as limited by
				subrule 204.4(3).
4. The
				relationship ends due to the death of the child.
5. The terms of the Guardianship Subsidy
				Agreement are concluded.
6. The
				guardian requests that the guardianship payment cease.
7. The department has determined the guardian
				is not providing financial support to the child.
8. The guardian fails to abide by the terms
				of the Guardianship Subsidy Agreement.
9. The guardianship case is terminated by
				court order.
10. The department
				funds for subsidized guardianship are no longer available.
11. Due to incapacity, the guardian can no
				longer discharge the responsibilities necessary to protect and care for the
				child, the guardianship has been or will be vacated, and a successor guardian
				was not named in the Guardianship Subsidy Agreement.
12. The guardian or guardians die or are
				incapacitated (one guardian in a single-parent family or both guardians in a
				two-parent family), and a successor guardian is not named in the Guardianship
				Subsidy Agreement.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XVI - Alternative Living › Chapter 204 - Subsidized Guardianship Program › Rule 441-204.7 - Termination of Subsidy

Current through Register Vol. 47, No. 3, July 24, 2024
A Guardianship Subsidy Agreement remains in effect until the
				  subsidy is terminated. The subsidy shall terminate when any of the following
				  occur, and a notice shall be sent that states the reason for the
				  termination:
1. The child reaches the
				age of 18, unless the department determines that the subsidy may continue until
				the child reaches the age of 21 as specified by subrule 204.3(5).
2. The child marries or enlists in the
				military.
3. The child no longer
				lives with the guardian, except for placement outside the home as limited by
				subrule 204.4(3).
4. The
				relationship ends due to the death of the child.
5. The terms of the Guardianship Subsidy
				Agreement are concluded.
6. The
				guardian requests that the guardianship payment cease.
7. The department has determined the guardian
				is not providing financial support to the child.
8. The guardian fails to abide by the terms
				of the Guardianship Subsidy Agreement.
9. The guardianship case is terminated by
				court order.
10. The department
				funds for subsidized guardianship are no longer available.
11. Due to incapacity, the guardian can no
				longer discharge the responsibilities necessary to protect and care for the
				child, the guardianship has been or will be vacated, and a successor guardian
				was not named in the Guardianship Subsidy Agreement.
12. The death of the guardian when a
				successor guardian is not named in the Guardianship Subsidy Agreement (one in a
				single-parent family or both in a two-parent family).
Iowa Administrative Code › Agency 441 - Human Services Department › Title XVI - Alternative Living › Chapter 204 - Subsidized Guardianship Program › Rule 441-204.8 - Reinstatement of Subsidy

Current through Register Vol. 47, No. 3, July 24, 2024
Reinstatement of the subsidy shall be made when the subsidy
				  was terminated at the guardian's request and the guardian has requested
				  reinstatement.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XVI - Alternative Living › Chapter 204 - Subsidized Guardianship Program › Rule 441-204.10 - Medical Assistance

Current through Register Vol. 47, No. 3, July 24, 2024
Children eligible for subsidy are entitled to medical
				  assistance as defined in 441-Chapter 75. When an Iowa child receives medical
				  assistance from another state, Iowa shall discontinue paying any medical costs
				  the month following the move unless additional time is necessary for a timely
				  notice of decision to be provided to the guardian.
The funding source for medical assistance is based on the
				  following criteria:
1. Children from
				Iowa residing in Iowa shall be covered by Iowa's medical assistance.
2. Children from Iowa residing in another
				state shall receive medical assistance from the state of residence if eligible.
				Iowa shall provide medical assistance for children not eligible in their state
				of residence. Medical assistance available in the family's state of residence
				may vary from Iowa's medical assistance.
3. Children from another state residing in
				Iowa shall continue to be covered by the other state's medical assistance
				unless the state has adopted the adoption assistance interstate compact and a
				contract between Iowa and the other state exists.
Iowa Administrative Code › Agency 441 - Human Services Department › Title XVI - Alternative Living › Chapter 204 - Subsidized Guardianship Program › Rule 441-204.10 - Medical Assistance

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				Children eligible for subsidy are entitled to medical assistance as defined in
				441-Chapter 75. When an Iowa child receives medical assistance from another
				state, Iowa shall discontinue paying any medical costs the month following the
				move unless additional time is necessary for a timely notice of decision to be
				provided to the guardian.
(2) The
				funding source for medical assistance is based on the following criteria:
a. Children from Iowa residing in Iowa shall
				be covered by Iowa's medical assistance.
b. Children from Iowa residing in another
				state shall receive medical assistance from the state of residence if eligible.
				Iowa shall provide medical assistance for children not eligible in their state
				of residence. Medical assistance available in the family's state of residence
				may vary from Iowa's medical assistance.
c. Children from another state residing in
				Iowa shall continue to be covered by the other state's medical assistance
				unless the state has adopted the adoption assistance interstate compact and a
				contract between Iowa and the other state exists.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 1 - Administration › Rule 481-1.1 - Organization

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Overview of the department.
The Iowa department of inspections
			 and appeals is established by Iowa Code sections
			 10A.101 to
			 10A.802. The chief executive
			 officer of the department is the director of the department of inspections and
			 appeals, who shall be appointed by the governor to serve at the pleasure of the
			 governor subject to confirmation by the senate no less frequently than every
			 four years.
(2)
Appointment
			 of deputy.
The director is assisted by a deputy director who is
			 appointed by the director of inspections and appeals.
(3)
Organization of
			 department.
The department is organized into divisions which are
			 further divided into bureaus and units.
(4)
Director's duties.
The
			 director has general supervision over the administration and operation of all
			 divisions. The director also develops statewide programs in compliance with the
			 goals of the department.
(5)
Deputy director's duties.
The deputy director serves as the
			 principal deputy to the director. The deputy director represents the director
			 in various capacities as directed.
(6)
Issuance of subpoenas.
The director, or designee of the director, shall have the authority to issue
			 subpoenas in accordance with the provisions of Iowa Code sections
			 10A.104(6)  and
			 17A.13. In connection with
			 audits, appeals, investigations, inspections, hearings, and any other
			 permissible matters conducted by the department, the director, or designee of
			 the director, may, upon the written request of a department employee or on the
			 director's own initiative:
a. Issue subpoena
			 duces tecum for the production and delivery of books, papers, records and other
			 real evidence; and
b. Issue
			 subpoenas for the appearance of persons to provide statements, statements under
			 oath and depositions.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 1 - Administration › Rule 481-1.3 - Administration Division

Current through Register Vol. 47, No. 3, July 24, 2024
This division provides administrative support to the
				department, including fiscal, policy and planning, information technology, and
				public information. This division negotiates and provides oversight for
				compacts entered into between the state of Iowa and Indian tribes located in
				the state. The division also inspects and licenses the following:
1. Social and charitable gambling pursuant to
			 Iowa Code chapter 99B;
2. Food
			 establishments, including but not limited to restaurants, vending machines,
			 mobile food units, food processing plants, and home food processing
			 plants;
3. Hotels.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 1 - Administration › Rule 481-1.4 - Investigations Division

Current through Register Vol. 47, No. 3, July 24, 2024
The investigations division of the department conducts
				criminal, civil, and administrative investigations of fraud and misconduct. The
				division also conducts audits of health care facilities. Staff within the
				division work closely with federal, state, and local partners in identifying
				fraud, waste, and abuse and, where appropriate, presenting cases for criminal
				prosecution.
(1)
Units of the
			 division.
The division is comprised of the following units.
a.
Audit unit.
The audit
			 unit audits health and human services health care facilities to review and
			 verify facility resident billing and personal allowance accounts and to
			 determine whether state billings accurately reflect the health care facility
			 census. The unit audits local department of human services offices to review
			 and verify whether administrative expense claims and official receipts are in
			 accordance with the criteria set forth in 2 CFR Part 200 and state
			 law.
b.
Economic fraud
			 control bureau (EFCB).
The economic fraud control bureau investigates
			 recipient public assistance fraud and supplemental nutrition assistance program
			 (SNAP) trafficking. Division staff investigate suspected fraud and assist the
			 department of human services to determine eligibility for public assistance.
			 Division staff may conduct investigations relative to the administration of any
			 other state or federal benefit assistance program. Division staff may also
			 conduct investigations relative to the internal affairs and operations of
			 agencies and departments within the executive branch of state government,
			 except for institutions governed by the state board of regents.
c.
Medicaid fraud control unit
			 (MFCU).
The Medicaid fraud control unit investigates allegations of
			 fraud committed by providers against the Medicaid program as well as fraud in
			 the administration of the Medicaid program. MFCU also investigates abuse,
			 neglect or other crimes committed upon residents in care facilities or related
			 programs that receive funding from the Medicaid program.
d.
Public assistance debt recovery
			 unit (PADRU).
The public assistance debt recovery unit investigates
			 and initiates collections of overpayment debts owed to the department of human
			 services.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 1 - Administration › Rule 481-1.5 - Health Facilities Division

Current through Register Vol. 47, No. 3, July 24, 2024
This division conducts inspections and investigations,
				including but not limited to the following:
1. Investigations relative to the standards
			 and practices of hospitals, hospice programs, and health care
			 facilities.
2. Inspections and other
			 licensing procedures relative to hospice programs, hospitals, and health care
			 facilities. The division shall be the sole designated licensing authority for
			 these programs and facilities.
3.
			 Inspections relative to hospital and health care facility construction
			 projects.
4. Inspections of child
			 foster care facilities and private institutions for the care of dependent,
			 neglected, and delinquent children.
5. Inspections and certification of elder
			 group homes, assisted living programs, and adult day services
			 programs.
6. Registration of
			 boarding homes.
7. Investigation of
			 dependent adult abuse in facilities and programs.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 1 - Administration › Rule 481-1.6 - Administrative Hearings Division

Current through Register Vol. 47, No. 3, July 24, 2024
The division conducts contested case hearings for state
				agencies, departments, boards, and commissions. In addition, the division
				conducts contested case hearings for some counties and municipalities.
(1) All hearings are governed by Iowa Code
			 chapter 17A, other applicable statutes, including the transmitting agency's
			 enabling statute and the statute authorizing the action taken, applicable
			 agency rules, and the department's administrative rules found at 481-Chapters 9
			 to 11.
(2) The administrator shall
			 coordinate the division's conduct of all hearings.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 1 - Administration › Rule 481-1.7 - Administering Discretion

Current through Register Vol. 47, No. 3, July 24, 2024
Nothing in the aforesaid allocation of duties shall be
				interpreted to prevent flexibility in interdepartmental operations or to forbid
				other divisional allocations of duties in the discretion of the
				director
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 1 - Administration › Rule 481-1.8 - Employment Appeal Board

Current through Register Vol. 47, No. 3, July 24, 2024
The employment appeal board consists of three members appointed
				by the governor, subject to confirmation by the senate, to staggered six-year
				terms. One member shall be qualified by experience and affiliation to represent
				employers, one member shall be qualified by experience and affiliation to
				represent employees, and one member shall represent the general public. This
				board hears and decides contested cases under Iowa Code chapters 8A, subchapter
				IV, 80, 88, 91C, 96, and 97B in accordance with administrative rules
				promulgated by the employment appeal board.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 1 - Administration › Rule 481-1.9 - Child Advocacy Board

Current through Register Vol. 47, No. 3, July 24, 2024
The child advocacy board consists of nine members appointed by
				the governor, subject to confirmation by the senate. This board administers
				foster care review and the court appointed special advocate programs, as
				defined in Iowa Code section
				237.18, in
				accordance with administrative rules promulgated by the
				board.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 1 - Administration › Rule 481-1.10 - State Public Defender

Current through Register Vol. 47, No. 3, July 24, 2024
The governor shall appoint the state public defender, who shall
				serve at the pleasure of the governor, subject to confirmation by the senate.
				The state public defender shall coordinate the provision of legal
				representation of all indigents under arrest or charged with a crime, seeking
				postconviction relief, against whom a contempt action is pending, in
				proceedings under Iowa Code section
				811.1A or Iowa
				Code chapter 229A or 812, in juvenile proceedings, on appeal in criminal cases,
				and on appeal in proceedings to obtain postconviction relief when ordered to do
				so by the district court in which the judgment or order was issued, and may
				provide for the representation of indigents in proceedings instituted pursuant
				to Iowa Code chapter 908.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 1 - Administration › Rule 481-1.11 - Racing and Gaming Commission

Current through Register Vol. 47, No. 3, July 24, 2024
The Iowa racing and gaming commission regulates pari-mutuel
				horse racing, simulcasting, gambling structures, excursion gambling boats,
				racetrack enclosures, sports wagering, and fantasy sports contests in Iowa. The
				commission, whose five members are appointed by the governor, administers the
				laws and rules associated with these industries to maintain confidence in the
				industries and to ensure the integrity of licensed participants and operations
				for the state and the wagering public. In performing its duties, the commission
				investigates the eligibility of applicants for licensure. The commission adopts
				standards for the licensing of racing industry occupations, as well as
				standards for the operation of all race meetings and facilities. The commission
				also adopts standards for the operation and licensing of pari-mutuel and
				simulcast wagering, gambling structures, excursion gambling boats, racetrack
				enclosures, sports wagering, and fantasy sports contests.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 1 - Administration › Rule 481-1.12 - Consent for the Sale of Goods and Services

Current through Register Vol. 47, No. 3, July 24, 2024
An official or employee of the department shall not directly or
				indirectly sell or lease any goods, real estate, or services to individuals,
				associations, or corporations subject to the regulatory authority of the
				official's or employee's agency except as provided by Iowa Code section
				68B.4 and rule
				351-6.11
				(68B).
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 2 - Petitions for Rulemaking › Rule 481-2.1 - Petition for Rulemaking

Current through Register Vol. 47, No. 3, July 24, 2024
In lieu of the words "the agency (designate office)", insert
				"the department or specific division, board, or commission within the
				department where the petition is directed, as applicable". In lieu of the words
				"(AGENCY NAME)", insert the department or specific division, board, or
				commission within the department where the petition is
				directed.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 2 - Petitions for Rulemaking › Rule 481-2.2 - Briefs

Current through Register Vol. 47, No. 3, July 24, 2024
The petitioner may attach a brief to the petition in support of
				the action urged in the petition. The agency may request a brief from the
				petitioner or from any other person concerning the substance of the
				petition.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 2 - Petitions for Rulemaking › Rule 481-2.3 - Inquiries

Current through Register Vol. 47, No. 3, July 24, 2024
Inquiries concerning the status of a petition for rulemaking
				may be made to the department or applicable division, board, or commission as
				provided on the department's website.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 2 - Petitions for Rulemaking › Rule 481-2.4 - Agency Consideration

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Within 14 days after the filing of a petition, the agency must submit a copy of
			 the petition and any accompanying brief to the administrative rules coordinator
			 and to the administrative rules review committee. Upon request by petitioner in
			 the petition, the agency must schedule a brief and informal meeting between the
			 petitioner and the agency, a member of the agency, or a member of the staff of
			 the agency, to discuss the petition. The agency may request the petitioner to
			 submit additional information or argument concerning the petition. The agency
			 may also solicit comments from any person on the substance of the petition.
			 Also, comments on the substance of the petition may be submitted to the agency
			 by any person.
(2) Within 60 days
			 after the filing of the petition, or within any longer period agreed to by the
			 petitioner, the agency must, in writing, deny the petition, and notify
			 petitioner of its action and the specific grounds for the denial, or grant the
			 petition and notify petitioner that it has instituted rule-making proceedings
			 on the subject of the petition. Petitioner shall be deemed notified of the
			 denial or grant of the petition on the date when the agency mails or delivers
			 the required notification to petitioner
(3) Denial of a petition because it does not
			 substantially conform to the required form does not preclude the filing of a
			 new petition on the same subject that seeks to eliminate the grounds for the
			 agency's rejection of the petition.
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 3 - Declaratory Orders › Rule 481-3.1 - Petition for Declaratory Order

Current through Register Vol. 47, No. 3, July 24, 2024
In lieu of the words "(AGENCY NAME)", the heading on the
				petition form should read:
BEFORE THE DEPARTMENT OF INSPECTIONS, APPEALS, AND
				LICENSING
[or the specific board or division within the department where
				the petition is directed]
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 3 - Declaratory Orders › Rule 481-3.3 - Intervention

Current through Register Vol. 47, No. 3, July 24, 2024
(1) In lieu of the
			 words "within ___ days", insert "within 15 days". Strike the words "(after time
			 for notice under X.2(17A))". In lieu of the number "X.8(17A)", insert "rule
			 481-3.8 (17A)".
In lieu of the words "(AGENCY NAME)", the heading on the
				petition form should read:
BEFORE THE DEPARTMENT OF INSPECTIONS, APPEALS, AND
				LICENSING
[or the specific board or division within the department where
				the petition is directed]
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 3 - Declaratory Orders › Rule 481-3.6 - Service and Filing of Petitions and Other Papers

Current through Register Vol. 47, No. 3, July 24, 2024
(2) In lieu of the
			 words "(specify office and address)", insert the current address of the
			 department, board, or division within the department, as applicable.
(3) In lieu of the words "(uniform rule on
			 contested cases X.12(17A))", insert "rule
			 481-10.12 (17A), except that the
			 filing will be delivered to the department, board, or division at its current
			 location".
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 4 - Agency Procedure for Rulemaking › Rule 481-4.3 - Public Rulemaking Docket

Current through Register Vol. 47, No. 3, July 24, 2024
(2)
Anticipated rulemaking.
In lieu of the words "(commission,
			 board, council, director)", insert "director, board, commissioner, or the like,
			 as applicable".
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 4 - Agency Procedure for Rulemaking › Rule 481-4.4 - Notice of Proposed Rulemaking

Current through Register Vol. 47, No. 3, July 24, 2024
(3)
Notices
			 mailed.
In lieu of the words "(specify time period)", insert "one
			 calendar year".
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 4 - Agency Procedure for Rulemaking › Rule 481-4.5 - Public Participation

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Written
			 comments.
Strike the words "(identify office and address)
			 or".
(5)
Accessibility.
In lieu of the words "(designate office and
			 telephone number)", insert "the department, board, commissioner, or the like,
			 as applicable".
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 4 - Agency Procedure for Rulemaking › Rule 481-4.6 - Regulatory Analysis

Current through Register Vol. 47, No. 3, July 24, 2024
(2)
Mailing
			 list.
In lieu of the words "(designate office)", insert "the
			 department, division, board, commissioner, or the like, as
			 applicable".
Iowa Administrative Code › Agency 481 - Inspections and Appeals Department › Chapter 4 - Agency Procedure for Rulemaking › Rule 481-4.13 - Agency Rulemaking Record

Current through Register Vol. 47, No. 3, July 24, 2024
(2)
Contents.
Amend paragraph
"c"
by inserting
			 "director, board, commissioner, or the like, as applicable" in lieu of "(agency
			 head)".