ARC 0110D

ARC 0110D

HUMAN SERVICES DEPARTMENT[441]

Adopted and Filed

Rulemaking related to kinship foster care approval standards

    The Department of Health and Human Services hereby adopts new Chapter 125, “Kinship Foster Care Approval Standards,” Iowa Administrative Code.

Legal Authority for Rulemaking

    This rulemaking is adopted under the authority provided in Iowa Code chapter 237 and 2025 Iowa Acts, Senate File 641.

State or Federal Law Implemented

    This rulemaking implements, in whole or in part, Iowa Code chapter 237 and 2025 Iowa Acts, Senate File 641.

Purpose and Summary

    This rulemaking implements 2025 Iowa Acts, Senate File 641, by establishing approval standards for individuals seeking to be approved for kinship foster care.

Public Comment and Changes to Rulemaking

    Notice of Intended Action for this rulemaking was published in the Iowa Administrative Bulletin on December 24, 2025, as ARC 9846C. Public hearings were held on the following date:

     ?   January 13, 2026

    No one attended the public hearings. No public comments were received.

    Changes from the Notice have been made to subrule 125.7(3). The Child Abuse Prevention and Treatment Act (CAPTA) requirements included in the CAPTA State assurance plan signed by Iowa in 2011 include provisions and procedures for requiring criminal background record checks, including FBI fingerprints, that meet the requirements of Section 471(a)(20) of the Social Security Act (42 U.S.C. 671(a)(20)) for prospective foster and adoptive parents and other adult relatives and non-relatives residing in the household. Due to this requirement, the Department will need to ensure fingerprints are completed on all adult household members aged 18 years of age or older for kinship foster care approval, rather than only obtaining fingerprinting for the kinship foster caregiver applicants. All other criminal and child abuse record check requirements are currently completed for all adult members of the household for kinship foster care approval.

Adoption of Rulemaking

    This rulemaking was adopted by the Department on February 3, 2026.

Fiscal Impact

     This rulemaking has no fiscal impact to the State of Iowa.

Jobs Impact

    After analysis and review of this rulemaking, no impact on jobs has been found.

Waivers

    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 441—Chapter 6.

Review by Administrative Rules Review Committee

    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).

Effective Date

    This rulemaking will become effective on May 1, 2026.

    The following rulemaking action is adopted:

    ITEM 1.  Adopt the following new 441—Chapter 125:

CHAPTER 125

KINSHIP FOSTER CARE APPROVAL STANDARDS

441—125.1(237) Definitions.

    “Approval” means the authorization granted to a kinship caregiver by the department through an expedited process to provide child foster care and allows the kinship caregiver to receive maximum financial support and to obtain the information and resources necessary to meet the needs of a child under a court-ordered placement with the kinship caregiver.

    “Approved kinship caregiver” means a kinship caregiver granted approval for kinship foster care.

    “Child,” for the purpose of this chapter, only means the child or children who are in foster care.

    “Consanguinity” means relatives who share a common biological ancestor with the child.

    “Corporal punishment” means the intentional physical punishment of children.

    “Fictive kin” means an adult person who is not a relative of a child but who has an emotionally significant and positive relationship with a child or the child’s family.

    “Kinship care” means the care of a child by a relative or fictive kin providing full-time nurturing and protection.

    “Kinship foster care” means an expedited process to approve a kinship caregiver for foster care through providing the necessary information, resources, and maximum financial support to the caregiver to meet the needs of the child court ordered to placement in the caregiver’s care.

    “Kinship foster caregiver” means a relative or fictive kin providing care for a child who is approved for kinship foster care.

    “Reasonable and prudent parent standard” means the same as defined in Iowa Code section 237.1.

    “Recruitment and retention contractor” means the entity that contracts with the department statewide to recruit foster and adoptive parents, complete home studies, and perform activities to support and encourage retention of foster and adoptive parents or any of its subcontractors.

    “Relative” means an individual related to the child within the fourth degree of consanguinity or affinity, by marriage, or through adoption. This includes the parent of a sibling of the child if the sibling’s parent’s parental rights were not previously terminated in relation to the child.

    “Service area manager” means the department employee responsible for managing department offices and personnel within the service area and for implementing policies and procedures of the department.

441—125.2(237) Application for approval.

    125.2(1) Right to apply. A relative or fictive kin of a child who has been court-ordered to placement in the relative or fictive kin’s care can apply for kinship foster care approval. All applicants must be at least 18 years of age.

    125.2(2) Referrals. A relative or fictive kin caregiver wishing to apply for kinship foster care approval shall be referred by the department or the department’s contractor for kinship navigator services. The department’s recruitment and retention contractor in the applicable service area shall provide the application packet and assist in completing the approval process with the applicant.

    125.2(3) Decision to operate a kinship foster home. When an applicant decides to operate a kinship foster family home, the applicant shall complete the Kinship Foster Care Approval Application.

    125.2(4) Withdrawal of an application. The applicant shall report the withdrawal of an application promptly to the department.

    125.2(5) Evaluation of the application. Each application will be evaluated by the department to ensure that all standards are met.

    a.  Before it results in adverse action, a founded child abuse report of a kinship foster parent applicant will be evaluated by the department to determine if the founded abuse merits prohibition of approval.

    b.  The department will evaluate founded child abuse reports on a case-by-case basis. Considerations the department will take include but are not limited to whether the abuse was an isolated incident or is symptomatic of a broader, systemic problem.

    125.2(6) Reports and information. The applicant shall furnish all requested reports and information relevant to the approval determination to the department.

    125.2(7) Applications for reapproval. The department or its agent will send an application for reapproval 90 days before the approval expires. Applications for reapproval shall be made on the form specified in subrule 125.2(3).

    a.  Applications for reapproval shall be made no less than 30 days but no more than 90 days before the approval expires.

    b.  Applications for reapproval of a kinship foster family approval shall be submitted to the recruitment and retention contractor.

    c.  The department will approve or deny an application for reapproval as described in rules 441—125.3(237) and 441—125.4(237).

    125.2(8) Notification. The department will notify an applicant of the approval or denial of an initial application within 60 days of the date that the applicant is referred to the recruitment and retention contractor. The department will notify an applicant regarding reapproval within 30 days of the expiration of the initial approval.

    125.2(9) Approval. Approved kinship foster caregiver applicants will be approved for a term of two years.

    a.  Thereafter, the caregiver shall apply for reapproval every two years based on the requirements of subrule 125.2(7).

    b.  A new notice of approval is required any time the caregiver moves to a new home.

441—125.3(237) Denial.

    125.3(1) The department will deny the Kinship Foster Care Approval Application when:

    a.  The applicant, or any person residing in the home other than a foster child, has been convicted of a crime unless the department has evaluated the crime and concluded that the crime does not merit prohibition of approval.

    b.  The applicant, or any person residing in the home other than a foster child, has a record of founded child abuse unless the department has evaluated the founded abuse and concluded that the abuse does not merit prohibition of approval.

    c.  There is just cause due to a condition or combination of conditions that cannot be improved and prevents the kinship caregiver from caring for the child’s physical, emotional, medical, or educational needs.

    125.3(2) Reapplications shall be denied based on the same criteria as initial applications.

441—125.4(237) Approval procedure.

    125.4(1) Application. Applicants for an initial approval to become a kinship foster home shall submit the Kinship Foster Care Approval Application forms directed in rule 441—125.2(237).

    125.4(2) Record checks. Prior to approval of an application for kinship foster care, applicants shall pass the record check procedures identified in rule 441—125.7(237).

    125.4(3) Home study. The recruitment and retention contractor shall complete a kinship foster care home study.

    a.  Process. Information for the home study is gathered primarily through a face-to-face interview with the identified kinship caregiver(s) in the home. Tribal agencies may also be involved in conducting home studies for American Indian and Alaska Native children. 42 U.S.C. §671(a)(26)(B) as amended to August 1, 2025, provides that any receiving state must treat any tribal home study report as meeting the requirements imposed by the state for the completion of a home study.

    (1)  The contractor shall hold at least one face-to-face interview with the applicant(s) with one of the interviews taking place in the applicant’s home.

    (2)  A physical assessment of the home is required. The contractor shall use a Kinship Foster Care Home Study form to assess the physical structure of the home to verify it is safe for the child.

    b.  Caregiver assessment. The kinship caregiver shall be assessed to evaluate the caregiver’s ability to meet the needs of the court-ordered placed child. The assessment will include the following criteria:

    (1)  The applicant’s ability to provide for the child’s physical, medical, and emotional needs; to respect the child’s ethnic and religious identity; and to support the child’s overall well-being.

    (2)  The safety of the child in relation to any animals that live on the applicant’s property.

    (3)  Knowledge of the child’s situation, the caregiver’s relationship with the child, the child’s family and knowledge of the child’s situation and department involvement.

    (4)  Agreement to abstain from using physical forms of discipline.

    (5)  Understanding of the reasonable and prudent parenting standard and how to successfully apply the standard.

    (6)  The caregiver’s willingness to access resources and additional supports needed for placement stability to meet the needs of their family and the child placed in their care.

    (7)  The caregiver’s and other household members’ current health status, including current prescription medications.

    (8)  The caregiver’s previous or current challenges with mental health, substance use or both and the potential impact it may have on the caregiver’s ability to care for the child.

    (9)  Assessment of whether previous violence was experienced in the caregiver’s home and how it has been addressed.

    (10)  The caregiver’s willingness and ability to ensure the child’s attendance at school; appointments for medical, dental, and vision; activities; and to ensure family interactions with parents and siblings.

    (11)  Assessment of the caregiver’s ability and willingness to commit to the child, to work with the department, and to be considered as a long-term permanency option.

    (12)  Understanding of household composition, who has access to the child, other adults and children in the household, relationship status of household members and family dynamics.

    (13)  Description of the caregiver’s available formal and informal supports to ensure child safety and well-being.

    c.  Physical home assessment. The physical home assessment shall assess the following areas of the applicant’s home and address necessary steps to mitigate concerns when identified:

    (1)  General description of the dwelling, including the number of bedrooms, bathrooms, and shared areas of the home.

    (2)  Determination of any signs of home infestation by rodents, insects, or other pests.

    (3)  Existence of external hazards, such as accessibility of pools/hot tubs, nearby bodies of water, railroad tracks, waste materials, or contaminated water.

    (4)  Existence of internal hazards that pose a risk of harm created by the physical structure of the home, such as broken or missing stairs, exposed wires, large holes in the floor, broken windows, or other physical hazards.

    (5)  Accessibility of hazardous materials or items in the home or on the property and the means to make them inaccessible to the child in an age-appropriate way or used with appropriate supervision.

    (6)  Evaluation of a child’s access to the following:

    1.  Firearms and projectile weapons.

    2.  Medications.

    3.  Strong or toxic chemicals, such as detergents, bleach, and gasoline.

    4.  Tools, machinery, farm equipment, lawn mowers, and trampolines.

    5.  Potable water.

    (7)  Evaluation of the sleeping arrangements for children placed in the home, including:

    1.  Planned sharing of sleeping spaces.

    2.  Where children will have privacy to change clothes.

    3.  If supports are needed to provide beds, bedding, or establish opportunities for privacy.

    4.  Discussion of safe sleeping practices for children aged one and younger.

    (8)  Ability to ensure the child’s access to age-appropriate personal hygiene (bathing, brushing teeth, wearing clean clothing).

    (9)  Ability to protect the child in an age-appropriate manner from pets or animals.

    (10)  Age-appropriate safe seat restraints (car seat, seatbelt, etc.) in personal vehicles used to transport the child.

    (11)  Ability to provide the child ongoing access to adequate, nutritious, age-appropriate food, including the ability to keep perishable items cold.

    (12)  Understanding of the child’s dietary needs related to cultural/religious traditions, medical needs, and allergies.

    (13)  A plan for fire safety, including an escape plan and smoke detectors.

    (14)  Ability to create a safety plan that includes the ability to contact emergency services for assistance within a reasonable distance (neighbor’s home, local business, etc.)

    (15)  Description of support mechanisms needed for the caregiver to address any barriers to meeting the physical needs of the home to ensure the safety and well-being of the child and steps taken to address the needs during the approval process.

    d.  Written report. The recruitment and retention contractor shall prepare a written report of the caregiver assessment. This assessment shall include a recommendation for approval or denial of the application and any other pertinent information in making the recommendation. The home study shall be maintained in the kinship caregiver’s record maintained by the department.

    125.4(4) Decision and notice of action. The department will use the home study and the recommendation of the recruitment and retention contractor to approve or deny a caregiver for kinship foster care.

    a.  The department will notify the family of the decision in writing.

    b.  If the department does not approve the home study, a notice will be issued according to the provisions of 441—Chapter 16 and state the reasons for that decision as listed in rule 441—125.3(237).

    c.  A denial may be appealed pursuant to the provisions set forth in 441—Chapter 7.

441—125.5(237) Involvement of kin.

    125.5(1) Support by kinship foster caregiver. Kinship foster caregivers shall support the involvement of biological or adoptive parents and other relatives of the child unless this involvement is evaluated and documented by the department to be detrimental to the child’s well-being.

    125.5(2) Nature of involvement. The extent and nature of the involvement of the biological or adoptive parents and other relatives shall be determined by the caseworker in consultation with the kinship foster caregivers, biological or adoptive parents, and other members involved with the child and family.

    125.5(3) Cultural connections. Throughout the provision of care, the kinship foster caregiver shall actively ensure that the child stays connected to the child’s kin, culture, and community as required in the child’s case permanency plan.

441—125.6(237) Information on the child placed in the home.

    125.6(1) Information about the child. Kinship foster caregivers shall maintain a separate file of information on the child placed in the home to include contact information for all medical, dental, vision, hearing and mental health professionals for the child; current medications for the child; school reports and school pictures received; and the date, name, address and phone number of the person to whom the child was discharged at the end of placement. This file shall be provided to the department or the child’s parent or guardian when the child leaves the placement.

    125.6(2) Confidentiality. Kinship foster caregivers shall maintain confidentiality regarding the child in their placement, except as required to comply with rules on mandatory reporting of child abuse and with the child’s case permanency plan. Kinship foster caregivers shall not without parent, guardian and department consent post pictures or information concerning the child on any internet website.

441—125.7(237) Record checks. Record checks are required for each foster parent applicant and for anyone who is 18 years of age or older living in the home of the applicant. The purpose of the record checks is to determine whether any of these persons has any founded child abuse or dependent adult abuse reports or criminal convictions or has been placed on the sex offender registry.

    125.7(1) Procedure. The department’s contractor for recruitment and retention shall assist applicants in completing required record checks, including fingerprinting.

    125.7(2) Iowa records. Each applicant and anyone who is 18 years of age or older living in the home of the applicant shall be checked for records with:

    a.  The Iowa central abuse registry;

    b.  The Iowa division of criminal investigation;

    c.  The Iowa sex offender registry; and

    d.  Iowa Courts Online.

    125.7(3) Other records. Each applicant and any other adult living in the household shall also be checked for records on the child abuse registry of any state where the person has lived during the past five years. Each adult age 18 years of age or older shall also be fingerprinted for a national criminal history check.

    125.7(4) Evaluation of record. If the applicant or anyone living in the home has a record of founded child or dependent adult abuse, a criminal conviction, or placement on the sex offender registry, the department will not approve the applicant for kinship foster care unless an evaluation determines that the abuse or criminal conviction does not warrant prohibition of approval.

    125.7(5) Exclusion. An evaluation will not be performed if the person has been convicted of:

    a.  A felony offense as set forth in Iowa Code section 237.8(2)“a”(3); or

    b.  A crime in another state that would be a felony as set forth in Iowa Code section 237.8(2)“a”(3).

    125.7(6) Scope. The evaluation will consider the nature and seriousness of the founded child or dependent adult abuse or crime in relation to:

    a.  The position sought or held;

    b.  The time elapsed since the abuse or crime was committed;

    c.  The circumstances under which the crime or founded abuse was committed;

    d.  The degree of rehabilitation;

    e.  The likelihood that the person will commit the abuse or crime again; and

    f.  The number of abuses or crimes committed by the person.

    125.7(7) Evaluation form. The person with the founded child or dependent adult abuse or criminal conviction report shall complete and return to the department the Record Check Evaluation Form, within ten calendar days of the date of receipt, to be used to assist in the evaluation. Failure of the person to complete and return the Record Check Evaluation Form to the department within the specified time frame shall result in denial of approval.

    125.7(8) Evaluation decision. Centralized service area staff or designees will conduct the evaluation and make the decision. The department will inform the subject of the decision and describe the basis of the decision using the criteria specified in subrule 125.7(6). The department will send the form to the person on whom the evaluation was completed:

    a.  Within 30 days of receipt of the completed form, or

    b.  When the person whose record is being evaluated fails to complete the evaluation form within the time frame specified.

    125.7(9) Reapproval. Applicants approved for kinship foster care who apply for reapproval shall be subject to the same checks as new applicants, except for fingerprinting. The department will evaluate only abuses and convictions of crimes that occurred since the last record check. The evaluation will be conducted using the same process as described in rule 441—125.7(237).

441—125.8(237) Medical examinations and health care of the child.

    125.8(1) Medical and dental care. Kinship foster caregivers shall keep the child’s department case manager informed of any medical and dental appointments as well as any treatments prescribed for the child.

    a.  The department may delegate its authority, as custodian, to consent to routine and emergency medical care to a licensed foster parent or approved kinship foster caregiver.

    b.  Routine medical care includes but is not limited to the following areas:

    (1)  Preventive care, also known as wellness care, not including the administration of a vaccination. Parents or guardians of the child must provide consent for administration of a vaccination.

    (2)  Non-emergency medical care, including but not limited to a physical examination, a diagnostic laboratory test, or a medical visit for a minor illness.

    (3)  Routine dental and vision care, including cleanings and annual examinations.

    (4)  Use of necessary medication, including but not limited to antibiotics. This does not include psychotropic/mental health medications. Parents or guardians of the child must provide consent for the administration of new psychotropic/mental health medications.

    c.  When routine and emergency medical consent has not been delegated by the department to the approved kinship foster caregiver:

    (1)  Kinship foster caregivers shall contact the child’s parents to engage them in the process of accessing routine medical and dental care for their child unless parental rights have been terminated.

    (2)  In case of an emergency or urgent situation requiring medical care and treatment of an acute illness, disease or condition of the child, when a delay or inability to access parental or department consent for medical care or treatment would endanger the health or physical well-being of the child, kinship foster caregivers can provide consent for medical care and treatment.

    125.8(2) Exemption from medical care. Nothing in this rule shall be construed to require medical treatment or immunization for a minor child of any person who is a member of a church or religious organization that is against medical treatment for disease.

    a.  In such instance, an official statement from the organization and a notarized statement from the parents shall be incorporated in the record.

    b.  In potentially life-threatening situations, the child’s care shall be referred to appropriate medical and legal authorities.

441—125.9(237) Training and discipline of child.

    125.9(1) Methods of training and discipline. The home study evaluation of each applicant shall include a discussion and a written assessment of the kinship foster caregivers’ methods of training and discipline. Discipline shall be designed to help the child develop self-control, self-esteem, and respect for the rights of others.

    125.9(2) Reports of mistreatment. Reports of mistreatment coming to the attention of the department and the caseworker for the child will be investigated by the department promptly and referred to the proper authorities when necessary.

441—125.10(237) Emergency care and release of child.

    125.10(1) Supervision and arrangements for emergency care. Kinship foster caregivers shall provide supervision of the child in preadoptive placement as dictated by the individual child’s specific needs.

    a.  In case of emergency requiring the kinship foster caregiver’s temporary absence from the home, arrangements shall be made with designated, responsible persons for the care of the child during the period of absence.

    b.  The department shall be notified of all emergency absences of the kinship foster caregivers.

    125.10(2) Release of child. The kinship foster caregivers shall release the child only to the agency, a parent or guardian from whom the child was received for care, or the person specifically designated by the agency, parent or guardian.

441—125.11(237) Changes in kinship foster care home. Kinship foster caregivers shall notify the department and the recruitment and retention contractor within 30 working days of:

    1.   Any change in the persons living in the home (except for the child placed in the home);

    2.   A move to a new home; or

    3.   Any circumstances in the home that could negatively affect the health, safety or welfare of the child in the family’s care.

441—125.12(237) Liability. Kinship foster caregivers who apply the reasonable and prudent parent standard reasonably and in good faith in regard to the child(ren) placed in their home shall have immunity from civil or criminal liability that might otherwise be incurred or imposed. This rule shall not remove or limit any existing liability protection afforded under any other law.

These rules are intended to implement Iowa Code chapter 237 and section 234.40.

[Filed 2/3/26, effective 5/1/26]

[Published 3/4/26]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 3/4/26.