ARC 8969C - Iowa Administrative Rules

Adopted and Filed

Payments for foster care, 156.6(1), 156.7

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ARC 8969C

HUMAN SERVICES DEPARTMENT[441]

Adopted and Filed

Rulemaking related to payments for foster care

The Department of Health and Human Services hereby amends Chapter 156, “Payments for Foster Care,” Iowa Administrative Code.

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 234.38 and 2024 Iowa Acts, House File 2698.

Purpose and Summary

2024 Iowa Acts, House File 2698, stated 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 amendments establish the new rate for maintenance payment for foster family care. They also modify the timeline to receive kinship caregiver payments.

Public Comment and Changes to Rulemaking

Notice of Intended Action for this rulemaking was published in the Iowa Administrative Bulletin on December 11, 2024, as ARC 8469C. A public hearing was held on the following date(s):

●January 15, 2025

●January 17, 2025

No one attended the public hearings. No public comments were received. No changes from the Notice have been made.

Adoption of Rulemaking

This rulemaking was adopted by the Department on January 31, 2025.

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

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 April 1, 2025.

The following rulemaking action is adopted:

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.

[Filed 1/31/25, effective 4/1/25]

[Published 2/19/25]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 2/19/25.