ARC 6836C

ARC 6836C

HUMAN SERVICES DEPARTMENT[441]

Notice of Intended Action

Proposing rule making related to licensing and regulation of foster family homes and providing an opportunity for public comment

The Human Services Department hereby proposes to amend Chapter 113, "Licensing and Regulation of Foster Family Homes," Iowa Administrative Code.

Legal Authority for Rule Making

This rule making is proposed under the authority provided in Iowa Code section 237.3.

State or Federal Law Implemented

This rule making implements, in whole or in part, Iowa Code section 237.3.

Purpose and Summary

Chapter 113 was reviewed as part of the Department's five-year rules review. Chapter 113 provides the administrative rules for the licensing and regulation of foster family homes.

The rules review resulted in the following proposed changes:

●New definitions for kin and "fictive kin" are being added due to an increase in kin and fictive kin becoming licensed foster parents and to align with Iowa Code chapter 237.

●The definition of "child or children" is being updated to mean the child or children who are in foster care for the purpose of this chapter only.

●"Foster" is being removed from each reference to "foster child" as placement also includes relative/fictive kin placements and it can be confusing if the term "foster care" is used.

●Communicable disease language is being added to replace HIV language.

●Whooping cough vaccine requirements are being updated to allow religious exemptions.

Fiscal Impact

This rule making has no fiscal impact to the State of Iowa.

Jobs Impact

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

Waivers

Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to rule 441—1.8(17A,217).

Public Comment

Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Department no later than 4:30 p.m.on February 14, 2023. Comments should be directed to:

Public Hearing

No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)"b," an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members.

Review by Administrative Rules Review Committee

The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making 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 rule-making actions are proposed:

Item 1. Adopt the following new definitions of "Child or children," "Fictive kin," "Kinship care," "Kinship caregiver," "Relative," "Variance" and "Waiver" in rule 441—113.2(237):

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

"Fictive kin" means an adult person who is not a relative of a child but who has an emotionally significant 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 caregiver" means a relative or fictive kin providing care for a child.

"Relative" means an individual related to the child within the fourth degree of consanguinity or affinity, by marriage, or through adoption. "Relative" 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.

"Variance" means meeting a licensing standard through alternative means.

"Waiver" means waiving the licensing standard entirely. A waiver may only be granted for non-safety licensing standards for a kinship caregiver.

Item 2. Amend rule 441—113.2(237), definitions of "Corporal punishment," "Foster family home" and "Reasonable and prudent parent standard," as follows:

"Corporal punishment" means the intentional physical punishment of a foster child the child(ren).

"Foster family home" means a home in which an individual person or persons or a married couple who wishes to provide or is providing, for a period exceeding 24 consecutive hours, board, room, and care for a child the child(ren) in a single family living unit.

"Reasonable and prudent parent standard" means the standard characterized by careful and sensible parental decisions that maintain the health, safety, and best interests of a child the child(ren) while at the same time encourage the emotional and developmental growth of the child child(ren), that a caregiver shall use when determining whether to allow a child the child(ren) in foster care under the responsibility of the state to participate in extracurricular, enrichment, cultural, and social activities. For the purposes of this definition, "caregiver" means a foster parent with whom a child the child(ren) in foster care has have been placed or a designated official for a child care institution (including group homes, residential treatment, shelters, or other congregate care settings) in which a child the child(ren) in foster care has have been placed.

Item 3. Amend paragraphs 113.3(1)"a" to "d" as follows:

a. Form 595-1396, DHS Criminal History Record Check, for each person living in the home who is 14 years of age or older, as required by rule 441—113.13(237).

b. Form 470-0720, Physician's Report for Foster and Adoptive Parents, to satisfy the requirements of rule 441—113.11(237).

c. Form 470-0693, Foster Care Private Water Supply Survey, if applicable.

d. Form 470-4657, Floor Plan 470-5097. The applicant or the recruitment and retention provider shall complete a drawing of the floor plan of the family's home.

Item 4. Amend subrules 113.3(4) and 113.3(5) as follows:

113.3(4) Home study. The worker for the recruitment and retention contractor shall complete a family home study.

a. Process. Information for the home study is gathered primarily through the required preservice training as described in rule 441—117.1(237). Tribal agencies may also be involved in conducting home studies for American Indian and Alaska Native children. 42 U.S.C.A. Section 671(a)(26)(B) 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 worker shall hold at least two three face-to-face interviews with the applicant with one of the interviews taking place in the applicant's home.

(2)The worker shall hold at least one face-to-face interview with each member of the household in the applicant's home to observe family functioning and to assess the family's capacity to meet the needs of a child the child(ren) in foster care. The worker will determine whether to interview or just observe each household member based on the household member's age and development.

(3)A physical inspection of the home is required. The worker shall use the Foster Family Survey Report Form 470-0695 to complete the physical inspection of the home to verify compliance with the licensing and regulation standards in this chapter.

(4)Reference checks shall be conducted as described at rule 441—113.14(237).

b. Family assessment topics. The assessment of the prospective foster family shall evaluate the family's ability to parent a the special needs child child(ren). The assessment shall include the following:

(1)The applicant's motivation for foster care and whether the family has biological, adopted, or foster children child(ren).

(2)The attitude of the family and the extended family toward accepting a foster child the child(ren).

(3) and (4) No change.

(5)Medical, mental, and emotional conditions that may affect the applicant's ability to parent a child the child(ren); treatment history; current status of treatment; and the evaluation of the treatment. Applicants and all household members must disclose any past or current mental health or substance abuse issues, or both. The department may require further documentation or evaluation, or both, to determine the suitability of the home.

(6)All children Any child(ren) who are household members must be up to date on immunizations jointly recommended by the American Academy of Pediatrics, the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention, and the American Academy of Family Physicians, unless the immunization is contrary to the child's child(ren)'s health as documented by a licensed health care professional.

(7)An evaluation of the applicant's willingness to accept a child the child(ren) who has have medical problems (such as HIV a communicable disease), an intellectual disability, or emotional or behavioral problems. The applicant shall complete the department form to indicate choices about caring for children any child(ren) who have or are at risk for HIV infection a communicable disease and other medical problems.

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

(9)The safety of foster children the child(ren) in relation to any animals that live on the applicant's property.

(10)The adjustment of any children child(ren) in the home, including their attitudes toward foster care and adoption, relationships with others, and school performance.

(11)No change.

(12)The applicant's financial information and ability to provide for a child the child(ren).

(13)The applicant's attitude toward the foster child's birth parents and siblings of the child(ren) placed in foster care.

(14)The applicant's commitment to and capacity to maintain a foster child's significant relationships of the child(ren) in foster care and work with the child's child(ren)'s parents when the permanency goal is reunification.

(15) to (17) No change.

c. Written report. The recruitment and retention contractor shall prepare a written report of the family assessment using Form 470-5436 , Resource Parent Home Study. The Resource Parent Home Study Form 470-5436 shall include a recommendation for the number, age, sex, characteristics, and special needs of a child or children the child(ren) the family can best parent and any other pertinent information in making the licensing recommendation. The home study shall be maintained in the foster family record.

113.3(5) Decision. The department worker shall use the home study to approve or deny a prospective family as an appropriate placement for a child or children the child(ren). The department worker shall notify the family of the licensing decision using Form 470-0709, Notice of Action: Foster Family Home.

a. Upon approval, the department shall issue the applicant a foster family home license as described at rule 441—112.4(237). The license shall indicate the licensed capacity for the number of foster children child(ren) approved for placement in the foster family home under subrule 113.4(1).

b. No change.

Item 5. Amend rule 441—113.4(237) as follows:

441—113.4(237) Provisions pertaining to the license. On a case-by-case basis, the service area manager or area social work administrator may waive any non-safety licensing standard for a kinship caregiver or grant a variance for any standard for a non-kinship caregiver in this chapter unless:

1.No change.

2.The waiver or variance could have a negative impact on the safety and well-being of a child the child(ren) placed in the foster family home.

113.4(1) Number of children. A foster family home may care for up to five children unless a variance is approved as described in this rule. The license capacity shall be based on the number of the foster family's biological and adoptive children and any relative placements. The license shall be issued for at least one child. A child Any child(ren) who has have reached the age of 18 and remains remain eligible for foster family care shall be included in the license capacity. Any variance to this rule must:

a. and b. No change.

c. Meet one of the following criteria:

(1)The foster parents have three or more children in the home and have shown the ability to parent a large number of children. A licensing variance may be approved at initial or renewal licensure to allow the placement of up to three foster children as set forth in the chart below:

(2)A variance beyond the maximum capacity of the foster home license is needed for the placement of a specific child in foster family care. A child-specific variance shall end when that child leaves the placement or any other change brings the family into licensed capacity. Unless a variance is needed for the placement of a sibling(s) of a foster child the child(ren) already in the home, or to keep siblings together, the maximum number of children in the home shall not exceed eight. On a case-by-case basis, if it is determined the foster parents have shown the parenting skills and have the social support system to meet the children's needs for parenting more than eight children, the social work administrator shall approve the foster parents to parent more than eight children. A foster family may have both a licensing and a child-specific variance concurrently.

d. No change.

113.4(2) and 113.4(3) No change.

This rule is intended to implement Iowa Code sections 237.3 and 237.5.

Item 6. Amend subrules 113.5(1) to 113.5(3) as follows:

113.5(1) General standards. The foster home shall be safe, clean, well ventilated, properly lighted, properly heated, and free from vermin and rodents to ensure the well-being of the foster children child(ren) residing in the home.

113.5(2) Grounds.

a. There shall be safe outdoor space provided according to the age and developmental needs of the foster child child(ren) for active play. The area available shall be documented in the case record.

b. The foster child child(ren) shall be adequately supervised and protected against hazards including, but not limited to, traffic, bodies of water, railroads, waste material, and contaminated water. The foster parent shall provide environmental protections such as door alarms, baby monitors, fences, and foliage barriers as necessary to promote a safe environment.

c. The applicant's home must meet the following standards concerning swimming pools, hot tubs and spas:

(1)A child's plastic pool shall be drained daily and shall be inaccessible to children the child(ren) when it is not in use. Swimming pools must have a barrier on all sides at least four feet high.

(2) to (4) No change.

(5)Hot tubs and spas must have safety covers that are locked when not in use.

The foster parent or other adult shall provide reasonable supervision according to the ages and swimming abilities of the foster children child(ren) when they are using the pool.

113.5(3) Bedrooms for foster children child(ren) placed in the home.

a. Bedrooms shall either have been constructed for the purpose of providing sleeping accommodation or remodeled for sleeping to provide proper heat and ventilation. Bedroom additions to a home shall meet building code requirements. All bedrooms used by foster children the child(ren) placed in the home shall have:

(1) and (2) No change.

(3)An unobstructed, operable window that opens from the inside that is large enough to allow for an unrestricted exit by a foster child the child(ren) placed in the home;

(4)A closet, wardrobe, armoire, or dresser for the child's child(ren)'s clothes; and

(5)A standard bed, for infants and toddlers who cannot safely use a standard bed, a crib or crib-like furniture which has a waterproof mattress covering and sufficient bedding to enable a child the child(ren) to rest comfortably and which meets the current standards or recommendations from the U.S. Consumer Product Safety Commission or ASTM International for juvenile products for each child under two years of age if developmentally appropriate. The provider shall follow safe sleep practices as recommended by the American Academy of Pediatrics for infants under the age of one. Safe infant sleep practices shall conform to the following standards:

1. and 2. No change.

3.Infants shall not be allowed to sleep on a bed, sofa, air mattress or other soft surface. No child child(ren) shall be allowed to sleep in any item not designed for sleeping. This is not referring to a child in a car seat in a car.

4. to 6. No change.

b. The minimum bedroom area per child shall be 40 square feet. However, the service area manager or designee may approve a smaller room size waiver of this non-safety licensing standard for kinship caregivers or a variance when approval is in the best interest of specific children placed or to be placed in the home. Such approvals shall:

(1)No change.

(2)Contain the names and birth dates of the children child(ren) for whom issued; and

(3)No change.

c. No change.

d. The ceiling height for bedrooms shall be adequate for the child child(ren).

e. Except for baby video monitors for children the child(ren) birth to two years of age used in their bedrooms, video or surveillance cameras are not allowed in children's the child(ren)'s bedrooms or bathrooms.

f. Bedrooms belowground shall:

(1) to (3) No change.

(4)Have provisions, such as a ladder or steps, to ensure that the foster child child(ren) can safely reach the window if the finished sill height is more than 44 inches above the floor and that the foster child child(ren) can safely reach ground level if there is a window well that has a depth of 44 inches or higher;

(5) and (6) No change.

Item 7. Amend subrules 113.5(6) to 113.5(8) as follows:

113.5(6) Physical care standards for foster children child(ren).

a. Grouping children in bedrooms shall take into consideration the age and sex of children the child(ren), including the individual child's need for privacy.

(1)Children Any child(ren) over five years of age shall not share a bedroom with a child child(ren) of the opposite sex.

(2)Foster children The child(ren) shall not share a bed with any other child. The social work administrator may approve a waiver of this policy for kinship caregivers or a variance for non-kinship caregivers.

b. Children Any child(ren) two years of age or older shall be provided bedroom space other than in the foster parents' bedroom. Foster children Any child(ren) under the age of two may share a bedroom with the foster parent in an individual crib.

c. There shall be a plan for isolating the healthy children child(ren) from a child who is ill or suspected of having a contagious disease.

d. The foster home shall provide food with good nutritional content and in sufficient quantity to meet the individual needs of the children child(ren).

e. Personal care items must be provided for youth, and these items must reflect the individual, cultural, racial, and ethnic needs of the youth living in the foster home.

e. f.Bedding shall be clean, odor-free, and free of urine and feces.

f. g.Foster parents shall follow universal precautions to reduce exposure to bloodborne pathogens and other infectious materials when providing care to all children any child(ren) placed in their physical custody.

g. h.Smoking and vaping shall be prohibited in the foster home or any vehicle when the foster child is child(ren) are present.

113.5(7) Lead-based paint. If the applicant lives in a home built before 1960 1978, the applicant shall submit Form 470-4819, Lead Paint Assessment, certifying that the applicant:

a. and b. No change.

113.5(8) Artificial lighting. Adequate artificial lighting fixtures shall be provided for study in areas where children the child(ren) will be studying.

Item 8. Amend subrule 113.5(11) as follows:

113.5(11) Ventilation. Ventilation shall be provided in all rooms where foster children the child(ren) eat, sleep, and play either by windows which can be opened or by mechanical venting systems. Windows and doors used for ventilation shall be screened.

Item 9. Amend subrule 113.6(3) as follows:

113.6(3) Private water supply.

a. Each privately operated water supply shall be tested prior Prior to initial licensure and tested before prior to each license renewal, each privately operated water supply shall be tested and evaluated for obvious deficiencies, such as open or loose well tops or platforms and poor drainage around the wells.

b. As part of the evaluation, water samples must be collected and submitted by the licensing worker or health sanitarian to the university hygienic laboratory or other laboratory certified by the hygienic laboratory and analyzed for coliform bacteria. In order for a foster family home to be licensed for the care of children any child(ren) under two years of age, the nitrate (NO3) content must be analyzed.

c. and d. No change.

e. When the water sample is not approved, no foster family home license shall be issued until the foster parents provide a written statement that foster children the child(ren) will be provided potable water, including where the water will be obtained and how it will be transported and stored.

(1)The statement shall be provided on Form 470-0699, Provisions for Alternate Water Supply.

(2)No change.

Item 10. Amend paragraph 113.7(1)"a" as follows:

a. At least one UL (Underwriter's Laboratory)-approved smoke detector. On floors that are used for sleeping, the smoke detector shall be in a location where sleeping areas can be alerted. For any deaf or hard-of-hearing children child(ren), the foster parent shall install a smoke detector in the child's child(ren)'s bedroom that will use an alternative means of waking the child child(ren).

Item 11. Amend paragraph 113.7(2)"b" as follows:

b. Explosives and flammable substances shall be stored securely and be inaccessible to a child the child(ren). Matches and lighters shall be inaccessible to a child the child(ren).

Item 12. Amend subrule 113.7(3) as follows:

113.7(3) Safety plan. The family shall have an emergency safety plan to be used for fire, tornado, blizzard, flood, other natural or manmade disasters, accidents, medical issues, and other life-threatening situations for children the child(ren) in out-of-home placements. The safety plans shall state the action that the foster parents and children the child(ren) are to take in each situation that may occur and shall be posted in a prominent place in the home.

a. The safety plans for fire and tornadoes shall be reviewed with foster children the child(ren) at the time of placement. Fire and tornado plans shall be practiced with the foster children child(ren) within one week of placement and no less than annually thereafter.

b. to d. No change.

Item 13. Amend paragraph 113.7(4)"a" as follows:

a. All prescription medication shall be administered as prescribed and documented in a medication log that is given to the child's child(ren)'s department caseworker when the child leaves child(ren) leave the placement.

Item 14. Amend paragraph 113.7(4)"c" as follows:

c. Applicants must prevent the child's child(ren)'s access, as appropriate for the child's child(ren)'s age and development, to all medications, poisonous materials, cleaning supplies, other hazardous materials and alcoholic beverages.

Item 15. Amend subrules 113.7(5) to 113.7(9) as follows:

113.7(5) Weapons. All weapons, firearms, and ammunition shall be inaccessible to a child the child(ren) of any age.

a. The following weapons must be stored in an inoperative condition in a locked area inaccessible to children the child(ren):

(1) to (5) No change.

b. No change.

c. The weapons, firearms, and ammunition storage unit units shall not share the same key or matching security code. If a key is used, the key shall be stored in a place inaccessible to the foster child child(ren).

d. Any motor vehicles used to transport foster children the child(ren) shall not contain a loaded gun, and any ammunition in the vehicle shall be kept in a separate, locked container.

e. Foster parents who have a permit to carry a firearm shall sign Form 470-4657 , Firearms Safety Plan. Foster parents who have firearms but do not have a permit to carry shall complete the safety plan section of the Firearms Safety Plan form Form 470-4657.

f. No change.

113.7(6) Transporting foster children child(ren).

a. Foster parents will ensure that if a privately owned vehicle, owned by the applicants, family or friends, is used to transport the child child(ren) in foster care, it must be inspected (if applicable under state law), registered, and insured and meet all applicable state or tribal requirements to be an operable vehicle on the road.

b. No change.

c. Safety restraints will be used that are appropriate to the child's child(ren)'s age, height, and weight.

d. Any motor vehicles used to transport foster children the child(ren) shall be smoke-free when foster children the child(ren) are being transported.

e. Weapons must not be transported in any vehicle in which the child is child(ren) are riding unless the weapons are made inoperable and inaccessible.

f. No change.

113.7(7) Supervision. The foster parents shall provide reasonable and prudent supervision of foster children the child(ren) to ensure their the child(ren)'s safety.

a. Foster parents shall adequately supervise foster children the child(ren) while the children child(ren) are using any hazardous or dangerous objects or equipment. In order for foster children the child(ren) to participate in age- or developmentally appropriate activities, the foster parent would apply the reasonable and prudent parent standard.

b. Foster parents shall use reasonable and prudent supervision of foster children the child(ren) when the foster children child(ren) are using the Internet or other social media.

113.7(8) Household pets. Household pets and any outdoor animals or pets accessible to foster children the child(ren) shall have a current veterinary health certificate verifying that the animal's routine immunizations, e.g., rabies, are current.

a. No change.

b. Foster parents who have pets or animals with any history of aggression shall have a written plan that addresses strategies to reduce the risk of aggression by their pets or animals with which the child child(ren) will have contact.

c. Foster parents will complete a written plan on how they will introduce a pet to the child(ren).

c. d.Animal waste will be contained and disposed of on a routine basis.

113.7(9) Liability. Foster parents who apply the reasonable and prudent parent standard reasonably and in good faith in regard to a foster child the child(ren) placed in their home shall have immunity from civil or criminal liability which might otherwise be incurred or imposed. This subrule shall not remove or limit any existing liability protection afforded under any other law.

Item 16. Amend subrules 113.8(1) and 113.8(2) as follows:

113.8(1) Preservice training. All foster parent applicants shall complete the following training before licensure and the placement of a child in foster care the child(ren) in their home:

a. and b. No change.

c. Preservice training, which shall include:

(1) and (2) No change.

(3)Mandatory reporter training on child abuse identification, and

(4)The reasonable and prudent parent standard training,; and

(5)Lessons teaching foster parents how to support a child's overall well-being and emotional needs; and

d. No change.

113.8(2) In-service training. All licensed foster parents shall complete six hours of in-service training annually as required by rule 441—117.7(237).

Each foster parent shall maintain certification in face-to-face CPR and first-aid training.

Item 17. Amend rules 441—113.9(237) to 441—113.11(237) as follows:

441—113.9(237) Involvement of kin.

113.9(1) Support by foster parents. Foster parents shall support the involvement of biological or adoptive parents and other relatives of the foster child child(ren) unless this involvement is evaluated and documented by the department to be detrimental to the child's child(ren)'s well-being.

113.9(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 foster parents, biological or adoptive parents, and others involved with the child child(ren) and family.

113.9(3) Cultural connections. Throughout the provision of care, the foster family shall actively ensure that the foster child stays child(ren) stay connected to the child's child(ren)'s kin, culture, and community as required in the child's child(ren)'s case permanency plan.

This rule is intended to implement Iowa Code section 237.3.

441—113.10(237) Information on the foster child child(ren) placed in the home.

113.10(1) Foster child information Information about the child(ren). Foster parents shall maintain a separate folder of information on each foster child the child(ren) placed in the foster family home. This folder shall be provided to the department or the child's child(ren)'s parent or guardian when the child leaves child(ren) leave the placement. The folder shall contain:

a. The names and addresses of all doctors, mental health professionals, and dentists who have treated the foster child child(ren); current medications prescribed, including over-the-counter medications; medication log; and the type of medical, dental, vision, and mental health treatments and hearing examinations received while the foster child is child(ren) are in the foster home.

b. No change.

c. Date the child child(ren) left the placement.

d. Name, address, and telephone number of the person to whom the child is child(ren) are discharged.

113.10(2) Confidentiality. Foster parents shall maintain confidentiality regarding a child the child(ren) in placement except as required to comply with rules on mandatory reporting of child abuse and with the child's child(ren)'s case permanency plan. Foster parents shall not without parent or guardian and department consent post pictures or information concerning a foster child the child(ren) on any Internet Web site website or on social media.

This rule is intended to implement Iowa Code section 237.7.

441—113.11(237) Health of foster family.

113.11(1) Health report required. The foster parents shall furnish the licensing agency with a health report on the family completed no more than six months before the application for licensure. The report shall include information on all family members, including foster parents, their minor children child(ren) who reside in the home, and adult household members. An updated report shall be provided upon request of the department licensing worker or the recruitment and retention contractor.

113.11(2) Contents of report. This report shall include a statement from the an impartial health practitioner that there are no physical or mental health problems which would be a hazard to foster children the child(ren) placed in the home and a statement that the foster parents' health would not prevent needed care from being provided to the child child(ren).

113.11(3) Whooping cough vaccine. All adult household members who are caregivers must have up-to-date whooping cough vaccines unless contrary to the person's health or sincerely held religious belief.

113.11(4) Exemption from whooping cough vaccine. Nothing in this rule shall be construed to require the whooping cough vaccine for adult household members who are a member of a church or religious organization which is against vaccinations. In such instance, a notarized statement from the household member shall be incorporated into the health record.

113.11(4) 113.11(5) Capability for caring for the child child(ren). If there is evidence that the foster parent is unable to provide necessary care for the child child(ren), the department licensing worker, the recruitment and retention contractor, or the physician may require additional medical and mental health reports, including a substance abuse evaluation.

This rule is intended to implement Iowa Code section 237.7.

Item 18. Amend subrules 113.12(3) to 113.12(5) as follows:

113.12(3) Religious considerations. The foster parent shall respect the foster child's child(ren)'s religious background and affiliation.

113.12(4) Requirements of foster parents. Foster parents shall be stable, responsible, physically able to care for the type of child child(ren) placed, mature individuals who are not unsuited by reason of substance abuse, lewd or lascivious behavior or other conduct likely to be detrimental to the physical or mental health or morals of the child child(ren). They shall exercise good judgment in caring for children the child(ren) and have a capacity to accept agency supervision.

113.12(5) Personal characteristics. The foster parents shall:

a. No change.

b. Have realistic expectations of foster children the child(ren).

c. Have time available to parent foster children the child(ren).

d. to f. No change.

g. Include foster children the child(ren) in normal family life.

h. Have the ability to be accepting and loving toward a foster child the child(ren) entering the home.

i. Be able to support the case permanency plan for the foster child child(ren) and be willing to cooperate with visits, transportation, or other activities that support the child's child(ren)'s connection to and reunification with the child's child(ren)'s family.

j. Ensure that all family members are aware of having foster children the child(ren) in the home.

k. Articulate their strengths and concerns and limitations which are essential to the department's matching the foster children child(ren) with foster parents appropriately.

Item 19. Amend rule 441—113.13(237), introductory paragraph, as follows:

441—113.13(237) Record checks. Record checks are required for each foster parent applicant and for anyone who is 14 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.

Item 20. Amend subparagraphs 113.13(1)"a"(1) and (2) as follows:

(1)The Iowa central abuse registry, using Form 470-0643, Request for Child and Dependent Adult Abuse Information;

(2)The Iowa division of criminal investigation, using Form 595-1396, DHS Criminal History Record Check, Form B;

Item 21. Amend subparagraphs 113.13(2)"a"(1) and (2) as follows:

(1)A felony offense as set forth in Iowa Code section 237.8(2)"a"(4) 237.8(2)"a"(3); or

(2)A crime in another state that would be a felony as set forth in Iowa Code section 237.8(2)"a"(4) 237.8(2)"a"(3).

Item 22. Renumber subparagraphs 113.13(2)"b"(3) to (5) as 113.13(2)"b"(4) to (6).

Item 23. Adopt the following new subparagraph 113.13(2)"b"(3):

(3)The circumstances under which the crime or founded abuse was committed,

Item 24. Amend paragraph 113.13(2)"c" as follows:

c. Evaluation form. The person with the founded child or dependent adult abuse or criminal conviction report shall complete and return Form 470-2310, Record Check Evaluation, 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 Form 470-2310 within the specified time frame shall result in denial of licensure.

Item 25. Amend subrule 113.13(3) as follows:

113.13(3) Evaluation decision. The service area manager Centralized service area staff or designee shall conduct the evaluation and make the decision. The department shall issue Form 470-2310, Record Check Evaluation, to inform the subject of the decision and describe the basis of the decision using the criteria specified in paragraph 113.13(2)"b." The department shall mail the form to the person on whom the evaluation was completed:

a. Within 30 days of receipt of the completed Form 470-2310, Record Check Evaluation, or

b. No change.

Item 26. Amend paragraph 113.14(4)"b" as follows:

b. Personal qualities of the applicant including the general character, ability to get along with others, ability to deal with children's the child(ren)'s problem behavior, ability to give affection and care, discussion of use of drugs and alcohol, and questions regarding personal difficulties that could be detrimental to a foster child the child(ren).

Item 27. Amend paragraph 113.14(4)"f" as follows:

f. Would the reference feel comfortable leaving a child the child(ren) in this home for a period of time?

Item 28. Amend subrule 113.15(1) as follows:

113.15(1) The department's recruitment and retention contractor shall make unannounced visits during periods of the day when the child child(ren) and foster parents would normally be at home and awake, unless there has been a specific complaint about the family and care of the child child(ren).

Item 29. Amend paragraphs 113.15(2)"c" to "e" as follows:

c. Interaction between the foster child child(ren) and foster family and their children child(ren).

d. The foster child's child(ren)'s perception of the foster parents, other children child(ren) and adults in the home, behavioral expectations of foster parents, discipline used by foster parents, religious training, school, contact with natural parents, and purpose of placement in foster care.

e. The foster parents' view of the child child(ren), the child's child(ren)'s problem, placement worker's involvement, plan for the child child(ren), involvement of natural biological parents, and additional services that either the foster child child(ren) or foster parents need.

Item 30. Amend subrule 113.15(4), introductory paragraph, as follows:

113.15(4) The findings from the unannounced visit shall be summarized on Form 470-5438, Progress Notes.

Item 31. Amend subrule 113.15(5) as follows:

113.15(5) Actions after the unannounced visit.

a. When deficiencies are cited that do not appear likely to cause immediate physical or mental harm to the child child(ren), an additional visit may be scheduled. The department licensing worker and the recruitment and retention contractor shall discuss the deficiencies with the foster parents and make plans for improving the deficiencies.

b. When the reported deficiencies raise questions of concern as to the quality of care provided, the recruitment and retention contractor shall:

(1)Report deficiencies to the department licensing worker and to the placement worker for each foster child any child(ren) currently placed in the home;

(2)No change.

c. When the reported deficiencies appear likely to cause immediate physical or mental harm to the child child(ren), the service area manager or designee shall immediately:

(1)Direct the placement worker to determine if the child child(ren) should be removed, and

(2)No change.

Item 32. Amend rules 441—113.16(237) to 441—113.20(237) as follows:

441—113.16(237) Planned activities and personal effects.

113.16(1) Daily routine. The daily routine shall promote good health and provide an opportunity for activity suitable for the foster child child(ren) with time for rest and play.

113.16(2) Clothing.

a. All children Any child(ren) should have their own clothing.

b. Children Any child(ren) shall have training and help in selection and proper care of clothing.

c. to e. No change.

f. There shall be adequate closet and drawer space for children the child(ren) to permit access to their clothing.

113.16(3) Educational opportunity. Every foster child shall be given the opportunity to complete high school or vocational training in accordance with the child's case permanency plan. The foster parent shall be an advocate for the foster child child(ren) by working with the foster child's child(ren)'s school.

113.16(4) Religion and culture. Each child shall be given an opportunity, in consultation with the child's parents, to participate in the child's culture and religion. Children The child(ren) shall not be required to participate in religious training or observances contrary to the wishes of the biological or adoptive family or the religious beliefs of the child child(ren).

113.16(5) Community participation. Every child shall be given the opportunity to develop healthy social relationships through participation in neighborhood, school and other community and group activities. The child child(ren) shall have the opportunity to invite friends to the foster home and to visit the home of friends.

113.16(6) Work assignments. Work assignments shall be in keeping with the child's child(ren)'s age and development.

a. Exploitation of the child child(ren) is prohibited. No child child(ren) shall be permitted to do any hazardous tasks or to engage in any work which is in violation of the child labor laws of the state.

b. Each child The child(ren) shall have the opportunity to learn to assume some responsibility for self and for household duties in accordance with the child's child(ren)'s age, health and ability. However, assigned tasks shall not deprive the child child(ren) of school, sleep, play or study periods.

This rule is intended to implement Iowa Code section 237.3.

441—113.17(237) Medical examinations and health care of the child child(ren).

113.17(1) Medical and dental care. Foster parents shall keep the child's child(ren)'s department case manager informed of any medical and dental appointments and treatments prescribed for the child child(ren).

a. Foster parents shall contact the child's child(ren)'s parents to engage them in the process of accessing routine medical and dental care for their child child(ren) unless parental rights have been terminated.

b. In case of an emergency or urgent situation requiring medical care and treatment of an acute illness, disease or condition of a child the child(ren), 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 child(ren), the foster parents can provide consent for medical care and treatment.

113.17(2) No change.

This rule is intended to implement Iowa Code section 237.3.

441—113.18(237) Training and discipline of foster children child(ren).

113.18(1) Foster parents' methods of training and discipline. The home study evaluation of each foster parent applicant shall include a discussion and a written report of the foster parents' methods of training and discipline. Discipline shall be designed to help the child child(ren) develop self-control, self-esteem, and respect for the rights of others.

113.18(2) Restrictions on training and discipline. Child training Training and discipline of the child(ren) shall be handled with kindness and understanding.

a. A child The child(ren) shall not be locked in a room, closet, box, or other device.

b. No child child(ren) shall be deprived of food as punishment.

c. No child child(ren) shall be subjected to verbal abuse, threats or derogatory remarks about the child child(ren) or the child's child(ren)'s family.

d. No change.

e. Restraints shall not be used as a form of discipline.

(1)Reasonable physical force may be used to restrain a child the child(ren) only in order to prevent injury to the child child(ren), injury to others, the destruction of property, or extremely disruptive behavior.

(2)Upon approval of the department, the foster parent may use restraints only in accordance with the written plan of a licensed mental health professional who is working with the child child(ren) and the foster parents.

113.18(3) Reports of mistreatment. Reports of mistreatment coming to the attention of the department licensing worker and caseworker for the foster child child(ren) shall be investigated promptly and referred to the proper authorities when necessary.

This rule is intended to implement Iowa Code sections 234.40 and 237.3.

441—113.19(237) Emergency care and release of children child(ren).

113.19(1) Supervision and arrangements for emergency care.

a. Foster parents shall provide supervision of foster children and children the child(ren) in preadoptive placement as dictated by the individual child's specific needs.

b. In case of emergency requiring the foster parents' temporary absence from the home, arrangements shall be made with other licensed foster parents or with designated, responsible persons for the care of the children child(ren) during the period of absence. The child's child(ren)'s placement worker shall be notified of all emergency absences of the foster parents.

113.19(2) Release of foster child child(ren). The foster parents shall release the foster child child(ren) only to the agency, parent or guardian from whom the child was child(ren) were received for care, or the person specifically designated by the agency, parent or guardian.

This rule is intended to implement Iowa Code section 237.3.

441—113.20(237) Changes in foster family home. Foster parents shall notify the department and the recruitment and retention contractor within seven working days of:

1.Any change in the number of persons living in the home (except for foster children the child(ren) placed in the home);

2.No change.

3.Any circumstances in the home that could negatively affect the health, safety or welfare of a child the child(ren) in the family's care.

This rule is intended to implement Iowa Code section 237.3.