ARC 0672D

ARC 0672D

HUMAN SERVICES DEPARTMENT[441]

Adopted and Filed

Rulemaking related to family-centered services

    The Department of Health and Human Services hereby rescinds Chapter 172, “Family-Centered Services,” Iowa Administrative Code, and adopts a new Chapter 172 with the same title.

Legal Authority for Rulemaking

    This rulemaking is adopted under the authority provided in Iowa Code section 234.6.

State or Federal Law Implemented

    This rulemaking implements, in whole or in part, Iowa Code section 234.6.

Purpose and Summary

    Chapter 172 underwent a Red Tape Review pursuant to Executive Order 10. As part of that review, restrictive terms were removed, duplicative information was streamlined, and language was changed to be in line with modern procedures and practices.

    This chapter defines and describes procedures for delivery of family-centered services. Family-centered services are services designed to prevent a child from entering foster care and to assist families when the needs of a child, parent, or kinship foster caregiver are directly related to the safety, permanency, or well-being of the child. The rulemaking describes the service definitions, eligibility criteria, and procedures for client appeals.

Public Comment and Changes to Rulemaking

    Notice of Intended Action for this rulemaking was published in the Iowa Administrative Bulletin on July 22, 2026, as ARC 0444D. Public hearings were held on the following date:

     ?   August 11, 2026

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

    The following changes from the Notice have been made:

    First, the Department updated the cross-reference for the definition of “child” or “children.” The existing cross-reference was found to be incorrect.

    Second, the Department updated the definition of  “contractor” to reflect that services are provided under the authority of Iowa Code section 232.102A(2)“b,” not under this chapter.

    Third, the Department updated an erroneous cross-reference in the definition of “family-centered services.”

    Fourth, the Department added a definition of “family risk assessment” since that term is used in the chapter but not currently defined.

    Finally, the Department removed paragraph 172.2(2)“d” since it is redundant.

Adoption of Rulemaking

    This rulemaking was adopted by the Department on September 10, 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.

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 December 1, 2026.

    The following rulemaking action is adopted:

    ITEM 1.  Rescind 441—Chapter 172 and adopt the following new chapter in lieu thereof:

CHAPTER 172

FAMILY-CENTERED SERVICES

441—172.1(234) Definitions.

    “Case” means at least one child in a household is involved in department services with a department social work case manager.

    “Child” or “children” means a person or persons who meet the definition of a child in Iowa Code section 232.68(1).

    “Child abuse” means one or more of the categories of child abuse defined in Iowa Code section 232.68(2).

    “Child abuse assessment” means an assessment process by which the department responds to all accepted reports that allege child abuse as defined in Iowa Code section 232.68(2), or that allege child abuse as defined in Iowa Code section 232.68(2) that also allege imminent danger, death, or injury to a child. A child abuse assessment results in a disposition and a determination of whether a case meets the definition of child abuse and a determination of whether criteria for placement on the registry are met.

    “Child in need of assistance” means the same as set forth in Iowa Code section 232.2(8).

    “Contractor” means a private organization authorized to do business in Iowa that has entered into a contract with the department to provide one or more of the services defined in Iowa Code section 232.102A(2)“b.”

    “Family-centered services” means the services provided by contract pursuant to Iowa Code section 232.102A(2)“b.”

    “Family risk assessment” means the assessment of probability or likelihood a child will suffer maltreatment in the future.

    “Household” means the place where a child resides.

    “Kinship foster caregiver” means the same as set forth in 441—Chapter 125.

    “Permanency” means a child has a safe, stable, custodial environment in which to grow up and a lifelong relationship with a nurturing caregiver.

    “Protective capacities” means the family strengths or resources that reduce, control, or prevent risks from arising or from having an unsafe impact on a child.

    “Risk” means the probability or likelihood that a child will experience maltreatment.

    “Safe” or “safety” means that no signs of present or impending danger to a child are identified or that one or more signs of present or impending danger are identified but the child’s degree of vulnerability or the caregiver’s protective capacities offset the current threat. The child is not likely to be in imminent danger of maltreatment.

441—172.2(234) Family-centered services. Family-centered services are services designed to prevent the child from entering foster care and to assist the family when the needs of the child, parent, or kinship foster caregiver are directly related to the safety, permanency, or well-being of the child. The outcome of the services may be to maintain the child with a parent or in the home of the kinship foster caregiver, to reunify the child safely with a parent or kinship foster caregiver, or to achieve permanent family connections for the child.

    172.2(1) Family-centered services provide interventions and supports based on identified needs of children and families that have come to the department’s attention because of:

    a.  Evaluation of a child abuse assessment or child in need of assistance assessment and the family’s risk assessment score; or

    b.  The child’s adjudication as a child in need of assistance pursuant to Iowa Code section 232.2; or

    c.  The child’s placement out of home under the department’s care and supervision.

    172.2(2) Family-centered services are designed to:

    a.  Identify and build on the family’s strengths and enhance the family’s protective capacities;

    b.  Address the risk factors that affect the child’s safety, permanency, and well-being; and

    c.  Strengthen family connections to community resources and informal support systems in order to promote greater self-reliance.

    172.2(3) Family-centered services will utilize evidence-based interventions to the greatest possible extent.

    172.2(4) Family-centered services may be offered to the following persons:

    a.  A child eligible for services under the provisions laid out in this rule;

    b.  Any sibling of that child who resides in the same household at the time of service referral or moves into the household during the service delivery period; and

    c.  A parent, stepparent, or kinship foster caregiver of the child.

    172.2(5) During the time that a child and the child’s family are approved to receive family-centered services on an open case, the department will be responsible for maintaining case management, including contact with the child and family to ensure that:

    a.  The factors that present risks of harm to the safety and well-being of all children in the family are being adequately addressed; and

    b.  Services and supports are in place to achieve the child’s permanency goal.

441—172.3(234) Authorization. When the department has approved provision of family-centered services for a child and family, the department will notify the contractor by issuing the referral and authorization for child welfare services form. This authorization form will indicate:

    172.3(1) The specific service category authorized; and

    172.3(2) The duration of the authorization.

441—172.4(234) Client appeals. Clients may appeal the department’s decision pursuant to 441—Chapter 2506 when:

    1.   The client’s application for services as described in this chapter is denied, or

    2.   The services are terminated.

These rules are intended to implement Iowa Code section 234.6.

[Filed 9/11/26, effective 12/1/26]

[Published 10/14/26]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 10/14/26.