ARC 0479D

ARC 0479D

HUMAN SERVICES DEPARTMENT[441]

Notice of Intended Action

Proposing rulemaking related to certification of adoption investigators
and providing an opportunity for public comment

    The Department of Health and Human Services hereby proposes to rescind Chapter 107, “Certification of Adoption Investigators,” Iowa Administrative Code, and to adopt a new Chapter 107 with the same title.

Legal Authority for Rulemaking

    This rulemaking is proposed under the authority provided in Iowa Code chapter 600 and section 234.6.

State or Federal Law Implemented

    This rulemaking implements, in whole or in part, Iowa Code chapter 600.

Purpose and Summary

     This proposed chapter was reviewed as a part of Executive Order 10. As a result, duplicative terms were removed, restrictive terms were reduced, and the rules were streamlined and updated to reflect current practices. This proposed chapter outlines the standards and qualifications necessary to become a certified adoption investigator.

Regulatory Analysis

    A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on July 8, 2026. A public hearing was held on the following date(s):

     ?   July 28, 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 September 8, 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 107 and adopt the following new chapter in lieu thereof:

CHAPTER 107

CERTIFICATION OF ADOPTION INVESTIGATORS

441—107.1(600,234) Definitions.

    “Adoption work experience” means supervised employment in adoption services, which includes direct provision of adoption services, developing adoption policies, conducting training related to adoption services, oversight and review of adoption documents and activities, and direct supervision of adoption workers. Only the percentage of time related to provision of adoption services shall be considered as adoption work experience when job duties involve activities other than adoption services.

    “Certified adoption investigator” means a person authorized by the department to provide background reports on birth parents, adoption preplacement investigations, postplacement supervision, and reports to the court within the state of Iowa.

441—107.2(600,234) Application.

    107.2(1) Application form. Application for certification as an adoption investigator shall be made on a form obtained from the department.

    107.2(2) Employees of licensed child-placing agencies and the department. Persons employed as social workers in licensed child-placing agencies who meet the requirements for certification in rule 441—107.3(600,234) are eligible to apply for certification as adoption investigators unless the agency employing them objects in writing.

    a.  The applicant shall furnish a letter of approval from the agency as part of the certification process.

    b.  Persons employed as social workers for the department who meet the requirements for certification in rule 441—107.3(600,234) are eligible to apply for certification as adoption investigators for services provided outside of their current job duties unless their current job duties include any of the following:

    (1)  Any of the activities described in rule 441—107.7(600,234).

    (2)  Immediate supervision of employees engaged in activities described in rule 441—107.7(600,234).

    (3)  Certification of adoption investigators.

    (4)  Placement of children for adoption.

    (5)  Development of adoption policies used in administration of the adoption program.

441—107.3(600,234) Requirements for certification. Persons with academic qualifications and adoption work experience may be certified by the department to provide adoption preplacement investigations, postplacement supervision, and reports to the court.

    107.3(1) Office location. The applicant shall retain an office in Iowa where all Iowa adoption reports and records of fees are maintained and are available for inspection.

    107.3(2) Education and experience.

    a.  If the applicant was initially certified as an adoption investigator before October 1, 1991, the applicant shall have one of the following combinations of education and experience:

    (1)  Graduation from an accredited four-year college or university and adoption work experience equivalent to a total of three years of full-time experience.

    (2)  A bachelor’s degree in social work from an accredited four-year college or university in a program accredited by the council on social work education and adoption work experience equivalent to a total of two years of full-time experience.

    (3)  A master’s degree in social work from an accredited college or university in a program accredited by the council on social work education and adoption work experience equivalent to a total of one year of full-time experience.

    b.  If the applicant is initially certified as an adoption investigator on or after October 1, 1991, the applicant shall have one of the following combinations of education and experience:

    (1)  Graduation from an accredited four-year college or university with a bachelor’s degree in social work, psychology, counseling, family therapy, family living, or other family-oriented degree and postgraduation adoption work experience equivalent to a total of three years of full-time experience.

    (2)  Graduate education in a master’s program in social work, psychology, counseling, family therapy, family living, or other family-oriented program from an accredited four-year college or university may be substituted for required adoption work experience on the basis of 30 semester hours for one year of full-time experience, for up to two full years of the required three years of adoption work experience.

    (3)  A master’s degree in social work, psychology, counseling, family therapy, family living, or other family-oriented degree from an accredited college or university and postgraduation adoption work experience equivalent to a total of one year of full-time experience.

    107.3(3) Verification of qualifications.

    a.  The applicant shall provide a certified transcript of college credits; and

    b.  The applicant shall provide a record of all adoption work experience, including dates and location; and

    c.  The applicant shall provide the name(s) of employer(s) and supervisor(s) to enable the department to verify the applicant’s adoption work experience; and

    d.  The applicant shall give names of at least two additional persons as character references who will be contacted by the certifier.

    107.3(4) Statement of activities and duties. Prior to certification, the applicant shall prepare a written statement identifying the proposed activities, duties and fees of the applicant as a certified adoption investigator.

    a.  The statement shall indicate that the services described in rule 441—107.7(600,234) are being provided by the individual investigator, not a child-placing agency, and are not provided in the course of the individual investigator’s employment with a child-placing agency or the department.

    b.  The activities and duties identified in the statement cannot exceed the scope of an investigator’s services as defined in rule 441—107.7(600,234).

    c.  The statement shall include the fee schedule to be used in the determination of a charge for investigative services.

    d.  A copy of the statement shall be provided to the department to be maintained as a public record.

    e.  Upon request, this statement shall be provided by the investigator to persons requesting services from the investigator.

    107.3(5) Record checks. The department of inspections, appeals, and licensing shall submit record checks for each new applicant and those applying for recertification to determine whether they have any founded child abuse reports, dependent adult abuse reports or convictions or have been placed on the sex offender registry.

    a.  The department of inspections, appeals, and licensing shall use the Request for Child Abuse and Dependent Adult Abuse Information form, and the Iowa Division of Criminal Investigation Criminal History Record Check Request form, for this purpose. The department will not certify the applicant with a record of founded child abuse, dependent adult abuse, a criminal conviction, or placement on the sex offender registry as an adoption investigator unless evaluation of the founded abuse or crime indicates approval for certification.

    b.  The applicant shall complete and return a Record Check Evaluation form, within ten calendar days of the date on the form, to be used by the department to assist in the evaluation. Failure of the applicant to complete and return the Record Check Evaluation form within the specified time frame will result in denial of certification.

    c.  The department will evaluate the nature and seriousness of the founded abuse or crimes, the time elapsed since the commission of the founded abuse or crimes, the circumstances under which the founded abuse or crime was committed, the degree of rehabilitation, the likelihood that the person will commit the abuse or crime again, and the number of founded abuses or crimes committed by the applicant. The department will issue a notice of decision to the applicant of the results of the evaluation. The department will issue the notice of decision even in cases when the applicant fails to complete the evaluation form.

    d.  Investigators applying for recertification are subject to the same record checks as new applicants. The department will evaluate only abuses, convictions of crimes, and placement on the sex offender registry since the last record check using the same process.

    107.3(6) Certification actions for nonpayment of child support. The department will revoke or deny the issuance or renewal of a certification of an adoption investigator upon the receipt of a certificate of noncompliance from child support services. In addition to the procedures set forth in Iowa Code chapter 252J, the rules in this chapter apply.

    a.  The notice required by Iowa Code section 252J.8 will be provided to the applicant in writing.

    b.  The effective date of the revocation or denial of the certification as specified in the notice required by Iowa Code section 252J.8 will be 60 days following service of the notice upon the applicant or certified investigator.

    c.  The department is authorized to prepare and serve the notice as required by Iowa Code section 252J.8 upon the applicant or certified investigator.

    d.  Applicants and certified investigators shall keep the department informed of all court actions, and all child support services actions taken under or in connection with Iowa Code chapter 252J, and shall provide the department copies, within seven days of filing or issuance, of all applications filed with the district court pursuant to Iowa Code section 252J.9, all court orders entered in these actions, and withdrawals of certificates of noncompliance by child support services.

    e.  An applicant or certified investigator may file an application with the district court within 30 days of service of a department notice pursuant to Iowa Code sections 252J.8 and 252J.9.

    (1)  The filing of the application shall stay the department action until the department receives a court order lifting the stay, dismissing the action, or otherwise directing the department to proceed.

    (2)  For purposes of determining the effective date of the revocation, or denial of the issuance or renewal of a certification, the department will count the number of days before the action was filed and the number of days after the action was disposed of by the court.

    f.  The department will notify the applicant or certified investigator in writing within ten days of the effective date of the revocation of certification or the denial of the issuance or renewal of a certificate of adoption investigator and will similarly notify the applicant or certified investigator when the certificate is issued, renewed, or reinstated following the department’s receipt of a withdrawal of the certificate of noncompliance.

    g.  Notwithstanding Iowa Code section 17A.18, the registrant does not have the right to a hearing regarding this issue, but may request a court hearing pursuant to Iowa Code section 252J.9.

441—107.4(600,234) Granting, denial, or revocation of certification.

    107.4(1) Granting of certification. When all of the requirements of this chapter are met, certification will be granted.

    107.4(2) Denial or revocation of certification.

    a.  Certification or recertification will be denied or revoked when one or more of the following conditions exist:

    (1)  The applicant does not comply with the requirements listed in subrules 107.3(1), 107.3(2), and 107.3(4) and rules 441—107.9(600,234) and 441—107.10(600,234).

    (2)  The applicant does not provide information required in subrule 107.3(3).

    (3)  The applicant has willfully or knowingly misrepresented information regarding qualifications for certification.

    (4)  When information about the certified investigator is received and verified by the department of inspections, appeals, and licensing, such as but not limited to failure to carry out the activities and duties as stated in this chapter, charging fees in excess of those specified in subrule 107.7(5) and breaches of confidentiality, and the effect of the investigator’s actions would be detrimental to any of the parties to the adoption. Complaints involving the reasonable exercise of professional judgment in the denial or approval of a preplacement investigation are not grounds for decertification.

    (5)  The investigator, after being warned in writing by the licensor, provided incomplete or inadequate information or inaccurate information in required reports as described in rule 441—107.7(600,234).

    (6)  The applicant has a founded child abuse, dependent adult abuse or criminal record conviction unless an evaluation of the founded abuse or criminal conviction is conducted by the department of inspections, appeals, and licensing that concludes that the abuse or crime does not merit prohibition of certification.

    (7)  The investigator aids or participates in an illegal placement or violates the statutes of Iowa Code chapter 600.

    b.  If an applicant is denied certification or recertification based on an inability to meet the requirements, the applicant may reapply when the requirements for certification have been met.

441—107.5(600,234) Certificate.

    107.5(1) Contents. The State of Iowa Certificate of Adoption Investigator form will contain the name of the investigator and the expiration date of the certificate and be signed by a person designated by the director of the department.

    107.5(2) Time limit. The investigator will be certified for two years. Certification will expire at the end of two years unless the investigator has made timely application for recertification. No provisional certificates will be issued.

    107.5(3) Records of certifications.

    a.  The department will keep records of certifications, including the application and verifications.

    b.  The department will keep a list of certified adoption investigators by districts and will update the list at least semiannually. Lists of certified adoption investigators will be made available on the department’s website.

441—107.6(600,234) Renewal of certification.

    107.6(1) Request for renewal. To be recertified, the person shall submit a new Application for Certification of Adoption Investigator form at least 30 days before the expiration of the certificate. If no application is submitted, the certification will expire.

    107.6(2) Evaluation of investigator. Upon receipt of the request for recertification, the department investigators’ records shall be reviewed and evaluated by the licensor to determine whether the requirements of these rules have been met.

    a.  This evaluation shall include the review of 20 percent or no fewer than four of the adoption records opened since the last review for certification and the fees assessed to clients. Reports of investigations will be available to the licensor during the review for recertification, or at any other time upon request by the licensor.

    b.  When deficiencies are noted at the time of review, the investigator shall be given up to 30 days to meet the standards set forth in 441—Chapter 107.

    c.  The deficiencies shall be noted in writing and the investigator shall sign a statement that includes agreement to the following:

    (1)  The deficiencies noted by the licensor, including the areas of 441—Chapter 107 that are not met.

    (2)  A plan for correcting the deficiencies.

    (3)  The date by which the deficiencies will be corrected.

    d.  When the deficiencies are corrected within the time frame granted, the certificate will be renewed. Deficiencies not corrected within the allowed time frame are grounds for revocation of the investigator’s certificate.

    107.6(3) Notification. The department will notify the investigator of the decision regarding the initial application, and any applications for recertification, within 60 days of receipt of the application. When the request for recertification is not received prior to the date of expiration, the department will notify the investigator that the certification has expired.

441—107.7(600,234) Investigative services.

    107.7(1) Preplacement investigations. When a certified adoption investigator provides a preplacement investigation of a prospective adoptive family, the investigation shall meet the requirements of Iowa Code section 600.8(1)“a.”

    a.  The preplacement investigation shall include at a minimum two contacts, one face-to-face interview with the applicants and each member of the household and at least one home visit.

    b.  The certified adoption investigator shall have on file a written assessment of the family that shall be used to approve or deny a prospective adoptive family. The written home study assessment shall include the date the home study was completed, shall be signed by the investigator and the signature notarized. The assessment shall include the following:

    (1)  Motivation for adoption and whether the family has biological, adopted, or foster children;

    (2)  Family and extended family’s attitude toward accepting an adopted child, and plans for discussing adoption with the child;

    (3)  The attitude toward adoption of other people involved with the family in a significant way;

    (4)  Emotional maturity; marital history, including verification of marriages and divorces; assessment of marital relationship; and compatibility of the adoptive parents;

    (5)  Ability to cope with problems, stress, frustrations, crises, separation, and loss;

    (6)  Medical, mental, or emotional conditions that would affect the applicant’s ability to parent a child;

    (7)  Ability to provide for the child’s physical and emotional needs and to respect the child’s cultural and religious identity;

    (8)  Description of biological children and previously adopted children, if any, including their attitudes toward adoption, relationships with others, and school performance;

    (9)  Capacity to give and receive affection;

    (10)  Statements from at least three references provided by the family and other unsolicited references that the investigator may wish to contact;

    (11)  Attitudes of the adoptive applicants toward the birth parent(s) and the reason(s) the child is available for adoption;

    (12)  Income information, including the family’s ability to financially provide for a child;

    (13)  Disciplinary practices that will be used;

    (14)  History of abuse involving family members, including how the abuse was addressed and how that history impacts the applicant’s ability to be an adoptive parent;

    (15)  Assessment of, commitment to, and capacity to maintain other significant relationships;

    (16)  Substance use or abuse by members of the household, treatment history and current status of treatment;

    (17)  Recommendations for the number, age, sex, characteristics, and unique needs of children best served by this family; and

    (18)  The family’s ability to anticipate and understand the unique needs of an adopted child as the child becomes older and how the family will manage those needs.

    c.  Record checks. The certified adoption investigator shall perform record checks for each applicant and for the other persons living in the home of the applicant as follows:

    (1)  The records of the applicants shall be checked:

    1.  On the Iowa central abuse registry using the Request for Child Abuse and Dependent Adult Abuse Information form;

    2.  By the Iowa division of criminal investigation, using the Criminal History Record Check form;

    3.  On the Iowa sex offender registry;

    4.  On the child abuse and dependent adult abuse registry of any state where the applicant has lived during the five years prior to the issuance of the investigative report; and

    5.  For a national criminal history through fingerprinting or another biometric identification-based process accepted by the federal government.

    (2)  The records of persons aged 14 or older living in the home of the applicant shall be checked:

    1.  On the Iowa central abuse registry using the Request for Child Abuse and Dependent Adult Abuse Information form;

    2.  By the Iowa division of criminal investigation, using the  Criminal History Record Check form; and

    3.  On the Iowa sex offender registry.

    (3)  Out-of-state child abuse checks, dependent adult abuse checks and national criminal history checks may be completed on any adult in the home of the applicant if the certified adoption investigator has reason to do so.

    (4)  The person making the investigation shall not approve a prospective applicant and cannot perform an evaluation if the applicant or any other adult living in the home of the applicant has been convicted of a felony offense as set forth in Iowa Code section 600.8(2)“b.”

    (5)  The person making the investigation shall not approve a prospective applicant and cannot perform an evaluation if the applicant or any other adult living in the home of the applicant has committed a crime in a state other than Iowa that would be a forcible felony if the crime would have been committed in Iowa as set forth in Iowa Code section 600.8(2)“b.”

    d.  Evaluation of record. If there is a record of founded child abuse, dependent adult abuse or a criminal conviction for the applicant or any other adult living in the home of the applicant, the applicant shall not be approved to adopt, unless an evaluation determines that the abuse or criminal conviction does not warrant prohibition of approval.

    (1)  The evaluation shall consider the nature and seriousness of the founded child abuse, dependent adult abuse or crime in relation to adoption, the time elapsed since the commission of the founded abuse or crime, the circumstances under which the abuse or crime was committed, the degree of rehabilitation, the likelihood that the person will commit the abuse or crime again, and the number of abuses or crimes committed by the person.

    (2)  The person with the founded child abuse, dependent adult abuse or criminal conviction report shall complete and return the Record Check Evaluation form within ten calendar days of the date on the form to be used to assist in the evaluation. Failure of the person to complete and return the form within the specified time frame may result in a written denial of approval for adoption.

    (3)  If the applicant, or any other adult living in the home of the applicant, has been convicted of a simple misdemeanor or a serious misdemeanor that occurred five or more years prior to application, the evaluation and decision may be made by a certified adoption investigator. The certified adoption investigator shall notify the applicant of the results of the evaluation in writing. The notice shall contain information on appeal rights.

    (4)  If the applicant, or any other person living in the home of the applicant, has a founded child or dependent adult abuse report, has been convicted of an aggravated misdemeanor or felony at any time, or has been convicted of a simple or serious misdemeanor that occurred within five years prior to application, a certified adoption investigator shall initially conduct the evaluation.

    1.  If the certified adoption investigator determines that the abuse or crime does warrant prohibition of approval, the certified adoption investigator shall notify the applicant of the results of the evaluation in writing.

    2.  If the certified adoption investigator determines that the applicant should be approved despite the abuse or criminal conviction, the certified adoption investigator shall provide copies of the child abuse report, dependent adult abuse report or criminal history record and the Record Check Evaluation form to the department. Within 30 days, the department will determine whether the abuse or crime merits prohibition of approval and will notify the certified adoption investigator in writing of that decision. The certified adoption investigator will notify the applicant of the department’s written decision regarding the evaluation of an abuse or crime.

    e.  Decision. The certified adoption investigator shall notify the applicant in writing no later than 30 days after completion of the home study of the investigator’s decision regarding approval for placement of a child.

    (1)  If the applicant is denied, the certified adoption investigator shall state the reasons for denial in the written decision.

    (2)  The certified adoption investigator shall date, sign and notarize the adoptive home study.

    (3)  The certified adoption investigator shall provide a copy of the home study to the family at the time the written decision is sent.

    (4)  A home study shall be valid for up to two years from the date signed by the certified adoption investigator.

    f.  Denial. The certified adoption investigator shall deny approval of an adoption application when:

    (1)  The applicant or any other person living in the home of the applicant has been convicted of a felony offense as set forth in Iowa Code section 600.8(2)“b.”

    (2)  The standards set forth in these rules are not met and cannot be corrected.

    (3)  The applicant or any person residing in the home has been convicted of a crime unless an evaluation of the crime has been made by the department that concludes that the crime does not merit prohibition of approval of an adoption application.

    (4)  The applicant or any person residing in the home has a record of founded child abuse or dependent adult abuse unless an evaluation of the founded child abuse or dependent adult abuse has been made by the department that concluded that the founded child abuse or dependent adult abuse does not merit prohibition of approval of an adoption application.

    (5)  The applicant has knowingly made false statements or has knowingly concealed information that is material to the investigation.

    g.  Updates. An update to the home study shall be completed no later than 24 months from the previous home study or previous home study update in order for the home study to remain valid. The home study update shall consist of completion of the following:

    (1)  The child abuse, dependent adult abuse and criminal history record checks, except for national criminal history checks, shall be repeated. If there are new founded abuses or convictions of crimes that were not evaluated in the previous home study, they shall be evaluated using the process set forth in paragraph 107.7(1)“d.”

    (2)  One face-to-face visit shall be conducted with the approved family annually.

    (3)  The information in the approved home study shall be reviewed.

    (4)  An updated report of the adoptive home study shall be written, dated, signed and notarized and a copy provided to the applicant.

    h.  Annual visits to the adoptive home. The certified adoption investigator shall complete a minimum of one visit each year in the homes of families approved to adopt by the investigator.

    (1)  The visit shall include, at a minimum, an assessment of the following areas:

    1.  Home environment.

    2.  Persons present at the time of the visit.

    3.  Changes in the home or household members, or other areas addressed in the home study.

    (2)  When a person aged 14 or older moves into the home, the investigator shall perform checks on the Iowa central child and dependent adult abuse registry, by the division of criminal investigation, and on the sex offender registry. The record check evaluation process shall be completed if the person has a criminal conviction, founded child abuse report, founded dependent adult abuse report or is on the sex offender registry.

    (3)  The findings from the visit shall be documented and maintained in the file.

    107.7(2) Background information investigation. When a certified adoption investigator is requested to complete a background information investigation on the child to be adopted, the investigation shall include a complete medical, mental health and criminal history of the family and developmental history of the child to be adopted.

    a.  A personal interview with each parent of the child is mandatory unless a parent’s identity or whereabouts is unknown.

    b.  If a parent’s identity or whereabouts is unknown, as much information as possible shall be obtained from the other parent or other sources if available.

    c.  A copy of the background information shall be provided to prospective adoptive families before placement of the child.

    107.7(3) Postplacement supervision. Postplacement reports shall be written after each postplacement visit, and copies shall be kept in the permanent family file retained by the investigator.

    a.  Postplacement supervision shall address the unique needs of the child, including but not limited to the following areas:

    (1)  Integration and interaction of the child with the family.

    (2)  Changes in the family functioning that may be due to the child’s placement.

    (3)  Social and emotional adjustment of the child.

    (4)  Child’s growth and development since placement with the adoptive family.

    (5)  Changes and adjustments that have been made in the family since the child’s placement.

    (6)  Family’s method of dealing with testing behaviors and discipline.

    (7)  Behavioral evidence of the degree of bonding that is taking place and the degree to which the child is becoming a permanent member of the adoptive family.

    (8)  School adjustment of a child who is attending a school.

    (9)  The behavioral needs of the child.

    (10)  The psychological and mental health needs of the child.

    (11)  Services and supports that will assist the family in the future.

    b.  Postplacement visits shall be completed at a minimum as follows:

    (1)  One no later than 30 days after placement.

    (2)  One no later than 90 days after placement.

    (3)  A final visit prior to requesting a consent to adopt, no later than 180 days after placement.

    (4)  Postplacement visits shall be completed as often as necessary if the adoptive family is experiencing problems, and the visits may extend to finalization or beyond 180 days if the department or certified adoption investigator believes additional time is needed.

    c.  The certified adoption investigator shall prepare a written report based on observations made during each home visit. Each report shall address the specific needs of the child and the family’s ability to meet those needs. The reports shall be used by the certified adoption investigator in making a written recommendation to the court regarding finalization of the adoption.

    107.7(4) Reports of investigations. The certified adoption investigator is authorized to provide reports to the courts concerning the above investigations and reports to the guardian or custodian of the child and the attorney for the adoptive family.

    107.7(5) Fees for services. Certified adoption investigators may charge a fee for the services described in subrules 107.7(1), 107.7(2), and 107.7(3). The department will review the amount of fees for services charged to families at the time that the investigator’s records are reviewed for recertification. Information shall also be retained regarding fees charged to a family by another party and collected by the investigator.

441—107.8(600,234) International adoptions postplacement report.

    107.8(1) For an adoption based on a decree issued by another state’s jurisdiction within the United States, the certified adoption investigator shall conduct a postplacement investigation and issue a postplacement report as required in 441—subrule 108.9(5).

    107.8(2) For an adoption based on a decree issued by a jurisdiction outside the United States, a certified adoption investigator shall conduct a postplacement investigation that consists of a minimum of three face-to-face visits with the minor person and the adoptive parents during the first year after placement, with the first such visit to be conducted within 60 days of the placement of the minor person in the adoptive home. Additional visits may be conducted if required by the jurisdiction that issued the decree.

    107.8(3) The postplacement investigation and report under this rule shall include documentation that any unique needs of the minor person are being met appropriately through the placement.

441—107.9(600,234) Retention of adoption records. The adoption investigator shall maintain a record of each family or child when one or more of the required reports have been completed. The record shall contain copies of all completed reports and a statement of fees charged by the investigator.

    107.9(1) Access to records. The provisions regarding sealing of and access to adoption records in Iowa Code section 600.16 shall be followed, except that access under subrule 107.9(3) for recertification is permitted.

    107.9(2) Disposition of records. Upon revocation, denial of renewal, or expiration of certification, all sealed records held by investigators shall be forwarded to the department.

    107.9(3) Access for recertification. Authorized representatives of the department shall have access to all records of reports completed within a two-year period prior to recertification for purposes of recertification.

441—107.10(600,234) Reporting of violations. All violations or suspected violations under Iowa Code chapter 600 or 600A that come to the attention of the investigator shall be reported in writing to the district court having jurisdiction of the matter and to the department. The investigator shall provide copies of these written reports to the district court having jurisdiction of the matter and to the department.

441—107.11(600,234) Appeals. Certified investigators or applicants may appeal decisions of the department according to rules in 441—Chapter 2506.

These rules are intended to implement Iowa Code chapters 600 and 234.