Notice of Intended Action

Payments for foster care, 156.6(1), 156.7

Untitled document

ARC 8469C

HUMAN SERVICES DEPARTMENT[441]

Notice of Intended Action

Proposing rulemaking related to payments for foster care
and providing an opportunity for public comment

The Department of Health and Human Services (HHS) hereby proposes to amend Chapter 156, “Payments for Foster Care,” Iowa Administrative Code.

Legal Authority for Rulemaking

This rulemaking is proposed 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 234.38 and 2024 Iowa Acts, House File 2698.

Purpose and Summary

2024 Iowa Acts, House File 2698, states that funds appropriated shall be used to increase foster care reimbursement rates by 5 percent over the rates in effect on June 30, 2024. These proposed amendments establish the new rate for maintenance payment for foster family care. They also modify the timeline to receive kinship caregiver payments.

Regulatory Analysis

A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on October 16, 2024. Public hearings were held on the following date(s):

●November 12, 2024

Fiscal Impact

This rulemaking has no fiscal impact to the State of Iowa beyond that of the underlying legislation.

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 HHS for a waiver of the discretionary provisions, if any, pursuant to 441—Chapter 6.

Public Comment

Any interested person may submit written or oral comments concerning this proposed rulemaking. Written or oral comments in response to this rulemaking must be received by HHS no later than 4:30 p.m. on January 17, 2025. Comments should be directed to:

Victoria L. Daniels
Department of Health and Human Services
Lucas State Office Building
321 East 12th Street
Des Moines, Iowa 50319
Phone: 515.829.6021
Email: victoria.daniels@hhs.iowa.gov

Public Hearing

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

January 15, 2025
10 to 11 a.m.

Microsoft Teams
Meeting ID: 240 123 537 880
Passcode: 4MT8Ac

January 17, 2025
2:30 to 3:30 p.m.

Microsoft Teams
Meeting ID: 273 055 800 019
Passcode: FggQZn

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 HHS 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.Amend subrule 156.6(1) as follows:

156.6(1) Basic rate. A monthly payment for care in a foster family home licensed in Iowa shall be made to the foster family based on the following schedule:

Age of child

Daily rate

0 through 5

$16.78$17.62

6 through 11

$17.45$18.32

12 through 15

$19.10$20.06

16 or over

$19.35$20.32

ITEM 2.Amend rule 441—156.7(234) as follows:

441—156.7(234) Kinship caregiver payment.

156.7(1) A kinship caregiver payment is a monthly payment to financially support the care of a child in a kinship caregiver’s home. If approved by the department, kinship caregiver payment will be provided for a period of up to sixfour months.

156.7(2) All of the following conditions apply:

a.For each eligible child living in a kinship placement, a caregiver will receive up to $310 ($10 per day)a monthly payment according to the basic rate schedule in subrule 156.6(1) as a result of a court-ordered placement.

b.The payment will begin after two consecutive months14 days of the child’s placement in the kinship caregiver’s home. The two-month14-day requirement is waived if the child enters the kinship caregiver’s home immediately following a paid placement for at least 30 days.

c.The payment will continue for up to sixfour months.

d.  and e. No change.

This rule is intended to implement Iowa Code section 232.102.

Human Services Department

Open For Comments

This notice is open for comments for 27 more day(s). If you'd like to comment, select or click the text you wish to comment on in the document, or click the button below to make a general comment about the document. Comments will be collected through 1/17/2025

NOTE: You can also click the text in the document to make comments about specific sections.

Public Hearing

Official Document

The official published PDF of this document is available from the Iowa General Assembly’s Administrative Rules page.

View Official PDF

View the Iowa Administrative Bulletin for 12/11/2024.

View Bulletin

Administrative Rule References

The following administrative rule references were added to this document. You may click a reference to view related notices.

Rule 441-156.6(1) Rule 441-156.7

Iowa Code References

The following Iowa code references were added to this document. You may click a reference to view related notices.

Iowa Code 232.102

Keywords

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Basic rate Kinship caregiver payment
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