ARC 0380D

ARC 0380D

HUMAN SERVICES DEPARTMENT[441]

Notice of Intended Action

Proposing rulemaking related to IV-A emergency assistance
program and providing an opportunity for public comment

    The Department of Health and Human Services hereby proposes to rescind Chapter 133, “IV-A Emergency Assistance Program,” Iowa Administrative Code, and to adopt a new Chapter 133 with the same title.

Legal Authority for Rulemaking

    This rulemaking is proposed under the authority provided in Iowa Code section 235.3.

State or Federal Law Implemented

    This rulemaking implements, in whole or in part, Iowa Code section 235.3.

Purpose and Summary

     This proposed chapter defines and structures the Department’s IV-A emergency assistance program. This program is designed to extend a menu of services to children who are victims of or at risk of abuse or neglect, at risk of out-of-home placement, or in need of care or treatment. These proposed rules define emergency assistance services as family-centered services, family preservation services, foster care, protective day care, and wrap-around services. The proposed rules further outline an application process, eligibility criteria, methods of service provision, and duration of service.

    Upon a Red Tape Review of the proposed chapter pursuant to Executive Order 10, the Department removed restrictive terms and outdated or redundant definitions and cross-references.

Regulatory Analysis

    A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on May 13, 2026. A public hearing was held on the following date(s):

     ?   June 2, 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 2504.

Public Comment

    Any interested person may submit written or oral comments concerning this proposed rulemaking, which must be received by the Department no later than 4:30 p.m. on July 14, 2026. Comments should be directed to:

Public Hearing

    Public hearings at which persons may present their views orally or in writing will be held as follows:

    Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.

    Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs.

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).

    The following rulemaking action is proposed:

    ITEM 1.  Rescind 441—Chapter 133 and adopt the following new chapter in lieu thereof:

CHAPTER 133

IV-A EMERGENCY ASSISTANCE PROGRAM

441—133.1(235) Definitions.

    “Child” means the same as defined in Iowa Code section 234.1.

    “Emergency assistance” means any one or more of the following services provided in response to a IV-A emergency assistance application:

    1.   Family-centered services as set forth in 441—Chapter 172.

    2.   Shelter care as set forth in 441—Chapters 156 and 202, except for placements of less than 48 hours.

    3.   Protective child care as set forth in 441—Chapter 170.

    “Family” includes the following members:

    1.   Legal spouses (including common-law) who reside in the same household.

    2.   Natural, adoptive, or stepmother or stepfather, and children who reside in the same household.

    3.   An individual or child who lives alone or who resides with a person, or persons, not legally responsible for the child’s support.

441—133.2(235) Application. An application for emergency assistance shall be made on a form prescribed by the department. An application shall be completed any time a decision is made to provide emergency assistance or when an adult family member requests emergency assistance on behalf of a child.

    133.2(1) The application shall be filed by a parent, except where both parents are absent or unwilling to apply on behalf of a child who meets all other eligibility conditions, in which case another adult member of the family with whom the child resides or has resided within the past six months acting on behalf of the child may file the application.

    133.2(2) If the application is made on behalf of a child for whom the department has legal custody, the department may sign the application on behalf of the child.

441—133.3(235) Eligibility. To be eligible for emergency assistance, the family shall meet all of the following criteria.

    133.3(1) Existence of an emergency. An emergency situation shall exist. An emergency exists when one of the following situations exists:

    a.  Abuse, neglect, or abandonment of a child, or risk of same.

    b.  Children are in imminent danger where continued presence in the home is not in the best interests of the child.

    c.  Children have been removed from the home or are at risk of removal from the home because of abuse; neglect, which may include homelessness; or inability of parents to provide needed care or treatment or to control the behavior of the child.

    133.3(2) No refusal to accept employment or training. The emergency situation did not arise out of an applicant’s or applicant’s family’s refusal without good cause to accept employment or training for employment within 30 days of the date of the application.

    133.3(3) Residence. The child is living, or within six months prior to the month in which assistance is requested has been living, with a specified relative. “Relative” includes people related by blood, marriage, or adoption. The child may be considered as meeting the requirement of living with a specified relative if the child’s home is with one of the following or with a spouse of one of the following even though the marriage is terminated by death or divorce:

    a.  Father—adoptive father.

    b.  Mother—adoptive mother.

    c.  Grandfather—grandfather-in-law, meaning the subsequent husband of the child’s natural grandmother, i.e., stepgrandfather—adoptive grandfather.

    d.  Grandmother—grandmother-in-law, meaning the subsequent wife of the child’s natural grandfather, i.e., stepgrandmother—adoptive grandmother.

    e.  Great-grandfather—great-great-grandfather.

    f.  Great-grandmother—great-great-grandmother.

    g.  Stepfather, but not his parents.

    h.  Stepmother, but not her parents.

    i.  Brother—brother-of-half-blood—stepbrother—brother-in-law—adoptive brother.

    j.  Sister—sister-of-half-blood—stepsister—sister-in-law—adoptive sister.

    k.  Uncle—aunt, of whole or half blood.

    l.  Uncle-in-law—aunt-in-law.

    m.  Great uncle—great-great-uncle.

    n.  Great aunt—great-great-aunt.

    o.  First cousins—nephews—nieces.

    p.  Second cousins, meaning the son or daughter of one’s parent’s first cousin.

    133.3(4) Service need. The applicant must demonstrate a need for one or more of the emergency assistance services as follows:

    a.  Family-centered services as established in 441—Chapter 172.

    b.  Shelter care as established in rule 441—202.2(234).

    c.  Protective child care as established in 441—subparagraph 170.2(2)“b”(3).

    133.3(5) Receipt of assistance. An application for IV-A emergency assistance was not previously approved within 12 months of the current application for IV-A emergency assistance.

    133.3(6) Financial eligibility. The applicant family:

    a.  Is receiving family investment program (FIP), supplemental security income (SSI), Supplemental Nutrition Assistance Program (SNAP) benefits, or Medicaid in the month of the application, or

    b.  Does not have money to provide needed emergency care or services as evidenced by the applicant family’s income not exceeding 800 percent of the poverty guidelines established by the federal Office of Management and Budget.

441—133.4(235) Method of service provision. Services shall be provided through the department or through purchase of service agreements with providers that are approved by the department as qualified to provide specified services and have a current contract with the department to provide services.

441—133.5(235) Duration of services. Services to families and children provided through the emergency assistance program as a result of a single application may be provided for either a period not to exceed 12 months or until there is no longer a need for services according to eligibility criteria for the specified services, whichever occurs first.

441—133.6(235) Discontinuance of the program. The program will be discontinued when federal funds have been exhausted.

These rules are intended to implement Iowa Code section 235.3(9).