ARC 8535C

ARC 8535C

Proposing rulemaking related to family development and self-sufficiency program
and providing an opportunity for public comment

These rules establish provisions for the grant proposal process and the awarding of grants, grant contract provisions, criteria and conditions for at-risk families, provisions for referral of families, grantee responsibilities, and the requirement for program evaluation.

Finally, the rules are being moved from the legacy Human Rights agency number [421] to a new chapter within the Health and Human Services agency number [441]. These rules were previously located in 421—Chapter 24.

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

●November 12, 2024

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.

ITEM 1.Adopt the following new441—Chapter 49:

CHAPTER 49

FAMILY DEVELOPMENT AND SELF-SUFFICIENCY (FaDSS) PROGRAM

441—49.1(216A) Definitions. As used in these rules, unless the context otherwise requires:

“Applicant” means a public or private organization that applies for a family development and self-sufficiency grant through the request for proposal process.

“Council” means the council on health and human services.

“Grant” means an award approved by the council to fund a family development and self-sufficiency project.

“Grantee” means an applicant whose proposal is selected by the council and who enters into a grant agreement with the department.

“Program” or “FaDSS program” means the family development and self-sufficiency (FaDSS) program.

“Proposal” or “grant proposal” means an application for grant funds to fund specific projects.

441—49.2(216A) Identification of conditions and criteria for families at risk. The council has identified the following conditions and criteria that may place families at risk of instability or of long-term dependency on the family investment program:

49.2(1) Educational level of head of household.

a.Head of household has less than a high school education.

b.Head of household lacks basic literacy skills.

49.2(2) Work experience of head of household.

a.Head of household has never been employed.

b.Head of household has multiple episodes of employment lasting less than one year.

c.Head of household is currently unemployed.

49.2(3) Household composition.

a.Members are homeless or nearly homeless.

b.Members outside the nuclear family are in residence.

c.One or more children in the household were born while the parent received public assistance.

d.One or more children in the household are identified as having special needs.

e.Household includes a family member with substantiated substance use issues.

f.Household includes a past or current perpetrator of child abuse or domestic violence.

g.Household includes a member with a record of incarceration.

49.2(4) Background of head of household.

a.Head of household was a teenager at birth of first child.

b.Head of household has a disability or chronic illness (mental or physical).

c.Head of household is a past or current victim of child abuse or domestic violence.

d.Head of household grew up in a household with substance abuse.

49.2(5) Public assistance history.

a.Head of household grew up in a household that received public assistance.

b.Household has experienced multiple episodes of receipt of public assistance.

c.Household has been on public assistance for three or more years.

49.2(6) Other conditions. The council has also identified the following conditions that may contribute to instability or long-term dependency:

a.Lack of employment opportunity.

b.Lack of available services.

c.Lack of transportation.

441—49.3(216A) Referral of families. Families who meet one or more of the conditions and criteria identified in rule 441—49.2(216A) may be referred to the program by the department, the department of workforce development, family self-referral, or other sources. Grantees will determine eligibility for the program in accordance with the eligibility criteria determined by the department.

441—49.4(216A) Funding of grants.

49.4(1) Availability of funds. The council will develop requests for proposals for the awarding of grants, subject to availability of funds. Grants will not exceed 60 months; however, the department will approve grantee budgets on an annual basis, based upon and subject to available funds.

49.4(2) Grant application process. The department will distribute applications for grants through a request for proposal. Applications shall be submitted to the department in accordance with the instructions indicated in the request for proposal.

49.4(3) Grant proposals. Grant proposals for the program must include all elements outlined in the application as determined by the council.

49.4(4) Selection of grant proposals. All proposals timely received will be reviewed by the department, which will make recommendations to the council. The council will review the projects recommended by the department and make the final decision with respect to grant awards.

49.4(5)  Notification of applicants. Applicants will be notified of grant award decisions within 60 days after the due date for receipt of proposals.

441—49.5(216A) Grants not renewed and grants terminated or reduced. If the council determines that a grantee’s project funding will not be renewed or if the council terminates or reduces a grantee’s funding, the balance of funds not renewed or terminated or reduced will be awarded by the council to other grantees for which funding is approved, based on criteria approved by the council. In the event no previously approved grantees have been selected, the council will fund new grantees selected by the council as a result of a competitive grant application process.

441—49.6(216A) Appeal.

49.6(1) Applicants dissatisfied with the council’s actions regarding grant proposals for funds and grantees dissatisfied with termination of a contract may appeal the council’s decision in accordance with 441—Chapter 7.

49.6(2) In the case of a grant award, no disbursements will be made to a grantee for a period of ten calendar days following issuance of the notice of decision to award. If an appeal is filed within the ten days, all disbursements will be held pending a final decision on the appeal. All applicants will be notified if an appeal is filed.

441—49.7(216A) Contract with grantee. Funds for grants approved by the council will be awarded pursuant to a contract entered into by the department and the grantee.

49.7(1) Negotiation. The department will conduct contract negotiations with the selected applicant, including negotiations regarding possible modifications to a grant proposal.

49.7(2) Withdrawal of contract offer. If the applicant and the department are unable to successfully negotiate a contract, the council may withdraw the award offer and award the grant to the applicant with the next highest-scoring proposal.

49.7(3) Contract revisions. The department and the grantee may negotiate revisions to the contract to allow for nonmaterial expansion or modification of services so long as such revisions do not increase the total amount of the grant. The department has the right to approve an amendment to the contract budget moving grant funds between budget line items if the funds represent more than 10 percent of the budget line item. All contract amendments will be granted at the discretion of the department in accordance with the terms set forth in the contract.

441—49.8(216A) Grantee responsibilities. The grantee will be responsible for providing services in accordance with the policies and procedures set forth in the FaDSS program manual as amended to August 1, 2024; the grant contract; and any other guidance from the department.

441—49.9(216A) Evaluation. The grantee will be evaluated by the department in accordance with the continuous quality improvement plan developed by the department.

These rules are intended to implement Iowa Code section 216A.107 as amended by 2024 Iowa Acts, Senate File 2385.