Iowa Admin. Code r. 441-107.8 - Investigative services
(1)
Preplacement investigations. When a certified adoption
investigator provides a preplacement investigation of a prospective adoptive
family, the investigation shall meet the requirements of Iowa Code section
600.8(1)"a," including an assessment of the family's ability
to parent a child.
a. The preplacement
investigation shall include at a minimum two contacts, one face-to-face
interview with the applicants and each member of the household and at least one
home visit.
b. The certified
adoption investigator shall have on file a written assessment of the family
which shall be used to approve or deny a prospective adoptive family. The
written assessment (home study) shall include the date the home study was
completed, shall be signed by the investigator and the signature notarized. The
assessment shall include the following:
(1)
Motivation for adoption and whether the family has biological, adopted, or
foster children;
(2) Family and
extended family's attitude toward accepting an adopted child, and plans for
discussing adoption with the child;
(3) The attitude towards adoption of other
people involved with the family in a significant way;
(4) Emotional maturity; marital history,
including verification of marriages and divorces; assessment of marital
relationship; and compatibility of the adoptive parents;
(5) Ability to cope with problems, stress,
frustrations, crises, separation, and loss;
(6) Medical, mental, or emotional conditions
which would affect the applicant's ability to parent a child;
(7) Ability to provide for the child's
physical and emotional needs and to respect the child's cultural and religious
identity;
(8) Description of
biological children and previously adopted children, if any, including their
attitudes towards adoption, relationships with others, and school
performance;
(9) Capacity to give
and receive affection;
(10)
Statements from at least three references provided by the family and other
unsolicited references that the investigator may wish to contact;
(11) Attitudes of the adoptive applicants
towards the birth parent(s) and the reason(s) the child is available for
adoption;
(12) Income information,
including the family's ability to financially provide for a child;
(13) Disciplinary practices that will be
used;
(14) History of abuse
involving family members, including how the abuse was addressed and how that
history impacts the applicant's ability to be an adoptive parent;
(15) Assessment of, commitment to, and
capacity to maintain other significant relationships;
(16) Substance use or abuse by members of the
household, treatment history and current status of treatment;
(17) Recommendations for the number, age,
sex, characteristics, and unique needs of children best served by this family;
and
(18) The family's ability to
anticipate and understand the unique needs of an adopted child as the child
gets older and how the family will manage those needs.
c. Record checks. The certified adoption
investigator shall perform record checks for each applicant and for the other
persons living in the home of the applicant as follows:
(1) The records of the applicants shall be
checked:
1. On the Iowa central abuse registry
using the Request for Child Abuse and Dependent Adult Abuse Information
form;
2. By the Iowa division of
criminal investigation, using the DHS Criminal History Record Check, Form
B;
3. On the Iowa sex offender
registry;
4. On the child abuse and
dependent adult abuse registry of any state where the applicant has lived
during the five years prior to the issuance of the investigative report;
and
5. For a national criminal
history through fingerprinting or another biometric identification-based
process accepted by the federal government.
(2) The records of persons aged 14 or older
living in the home of the applicant shall be checked:
1. On the Iowa central abuse registry using
the Request for Child Abuse and Dependent Adult Abuse Information
form;
2. By the Iowa division of
criminal investigation, using the DHS Criminal History Record Check, Form B;
and
3. On the Iowa sex offender
registry.
(3)
Out-of-state child abuse checks, dependent adult abuse checks and national
criminal history checks may be completed on any adult in the home of the
applicant if the certified adoption investigator has reason to do so.
(4) The person making the investigation shall
not approve a prospective applicant and shall not perform an evaluation if the
applicant or any other adult living in the home of the applicant has been
convicted of a felony offense as set forth in Iowa Code section
600.8(2)"b."
(5)
The person making the investigation shall not approve a prospective applicant
and shall not perform an evaluation if the applicant or any other adult living
in the home of the applicant has committed a crime in a state other than Iowa
that would be a forcible felony if the crime would have been committed in Iowa,
as set forth in Iowa Code section
600.8(2)"b."
d. Evaluation of record. If there is a record
of founded child abuse, dependent adult abuse or a criminal conviction for the
applicant or any other adult living in the home of the applicant, the applicant
shall not be approved to adopt, unless an evaluation determines that the abuse
or criminal conviction does not warrant prohibition of approval.
(1) The evaluation shall consider the nature
and seriousness of the founded child abuse, dependent adult abuse or crime in
relation to adoption, the time elapsed since the commission of the founded
abuse or crime, the circumstances under which the abuse or crime was committed,
the degree of rehabilitation, the likelihood that the person will commit the
abuse or crime again, and the number of abuses or crimes committed by the
person.
(2) The person with the
founded child abuse, dependent adult abuse or criminal conviction report shall
complete and return the Record Check Evaluation form within ten calendar days
of the date on the form to be used to assist in the evaluation. Failure of the
person to complete and return the form within the specified time frame may
result in a written denial of approval for adoption.
(3) If the applicant, or any other adult
living in the home of the applicant, has been convicted of a simple misdemeanor
or a serious misdemeanor that occurred five or more years prior to application,
the evaluation and decision may be made by a certified adoption investigator.
The certified adoption investigator shall notify the applicant of the results
of the evaluation in writing. The notice shall contain information on appeal
rights.
(4) If the applicant, or
any other person living in the home of the applicant, has a founded child or
dependent adult abuse report, has been convicted of an aggravated misdemeanor
or felony at any time, or has been convicted of a simple or serious misdemeanor
that occurred within five years prior to application, a certified adoption
investigator shall initially conduct the evaluation.
1. If the certified adoption investigator
determines that the abuse or crime does warrant prohibition of approval, the
certified adoption investigator shall notify the applicant of the results of
the evaluation in writing.
2. If
the certified adoption investigator determines that the applicant should be
approved despite the abuse or criminal conviction, the certified adoption
investigator shall provide copies of the child abuse report, dependent adult
abuse report or criminal history record and the Record Check Evaluation form to
the Administrator, Division of Adult, Children and Family Services, Department
of Human Services, Hoover State Office Building, Des Moines, Iowa 50319-0114.
Within 30 days, the administrator shall determine whether the abuse or crime
merits prohibition of approval and shall notify the certified adoption
investigator in writing of that decision. The certified adoption investigator
shall mail the applicant the department's written decision regarding the
evaluation of an abuse or crime.
e. Decision. The certified adoption
investigator shall notify the applicant in writing no later than 30 days after
completion of the home study of the investigator's decision regarding approval
for placement of a child.
(1) If the applicant
is denied, the certified adoption investigator shall state the reasons for
denial in the written decision.
(2)
The certified adoption investigator shall date, sign and notarize the adoptive
home study.
(3) The certified
adoption investigator shall provide a copy of the home study to the family at
the time the written decision is sent.
(4) A home study shall be valid for up to two
years from the date signed by the certified adoption investigator.
f. Denial. The certified adoption
investigator shall deny approval of an adoption application when:
(1) The applicant or any other person living
in the home of the applicant has been convicted of a felony offense as set
forth in Iowa Code section
600.8(2)"b."
(2) The standards set forth in these rules
are not met and cannot be corrected.
(3) The applicant or any person residing in
the home has been convicted of a crime, unless an evaluation of the crime has
been made by the department, which concludes that the crime does not merit
prohibition of approval of an adoption application.
(4) The applicant or any person residing in
the home has a record of founded child abuse or dependent adult abuse, unless
an evaluation of the founded child abuse or dependent adult abuse has been made
by the department, which concluded that the founded child abuse or dependent
adult abuse does not merit prohibition of approval of an adoption
application.
(5) The applicant has
knowingly made false statements or has knowingly concealed information that is
material to the investigation.
g. Updates. An update to the home study shall
be completed no later than 24 months from the previous home study or previous
home study update in order for the home study to remain valid. The home study
update shall consist of completion of the following:
(1) The child abuse, dependent adult abuse
and criminal history record checks, except for national criminal history
checks, shall be repeated. If there are new founded abuses or convictions of
crimes that were not evaluated in the previous home study, they shall be
evaluated using the process set forth in paragraph
107.8(1)"d."
(2)
One face-to-face visit shall be conducted with the approved family
annually.
(3) The information in
the approved home study shall be reviewed.
(4) An updated report of the adoptive home
study shall be written, dated, signed and notarized and a copy provided to the
applicant.
h. Annual
visits to the adoptive home. The certified adoption investigator shall complete
a minimum of one visit each year in the homes of families approved to adopt by
the investigator.
(1) The visit shall include,
but not be limited to, assessment of the following areas:
1. Home environment.
2. Persons present at the time of the
visit.
3. Changes in the home or
household members, or other areas addressed in the home study.
(2) When a person aged 14 or older
moves into the home, the investigator shall perform checks on the Iowa central
child and dependent adult abuse registry, by the division of criminal
investigation, and on the sex offender registry. The record check evaluation
process shall be completed if the person has a criminal conviction, founded
child abuse report, founded dependent adult abuse report or is on the sex
offender registry.
(3) The findings
from the visit shall be documented and maintained in the file.
(2)
Background
information investigation. When a certified adoption investigator is
requested to complete a background information investigation on the child to be
adopted, the investigation shall include a complete medical, mental health and
criminal history of the family and developmental history of the child to be
adopted.
a. A personal interview with each
parent of the child must be completed unless a parent's identity or whereabouts
is unknown.
b. If a parent's
identity or whereabouts is unknown, as much information as possible shall be
obtained from the other parent or other sources if available.
c. A copy of the background information shall
be provided to prospective adoptive families before placement of the
child.
(3)
Postplacement supervision. When a certified adoption
investigator completes postplacement supervision, at least three visits to the
adoptive family's home and personal observation of the child are required.
a. Postplacement reports shall be written
after each postplacement visit and copies kept in the permanent family file
retained by the investigator.
b.
Postplacement supervision shall address the unique needs of the child,
including but not limited to the following areas:
(1) Integration and interaction of the child
with the family.
(2) Changes in the
family functioning which may be due to the child's placement.
(3) Social and emotional adjustment of the
child.
(4) Child's growth and
development since placement with the adoptive family.
(5) Changes and adjustments that have been
made in the family since the child's placement.
(6) Family's method of dealing with testing
behaviors and discipline.
(7)
Behavioral evidence of the degree of bonding that is taking place and the
degree to which the child is becoming a permanent member of the adoptive
family.
(8) School adjustment of a
child who is attending a school.
(9) The behavioral needs of the
child.
(10) The psychological and
mental health needs of the child.
(11) Services and supports that will assist
the family in the future.
c. Postplacement visits shall be completed at
a minimum as follows:
(1) One no later than 30
days after placement.
(2) One no
later than 90 days after placement.
(3) A final visit prior to requesting a
consent to adopt, no later than 180 days after placement.
(4) Postplacement visits shall be completed
as often as necessary if the adoptive family is experiencing problems, and the
visits may extend to finalization or beyond 180 days if additional time is
needed.
d. The certified
adoption investigator shall prepare a written report based on observations made
during each home visit. Each report shall address the specific needs of the
child and the family's ability to meet those needs. The reports shall be used
by the certified adoption investigator in making a written recommendation to
the court regarding finalization of the adoption.
(4)
Reports of
investigations. The certified adoption investigator is authorized to
provide reports to the courts concerning the above investigations and reports
to the guardian or custodian of the child and the attorney for the adoptive
family.
(5)
Fees for
services. Certified adoption investigators may charge a fee for the
services described in subrules 107.8(1), 107.8(2), and 107.8(3). The licensor
shall review the amount of fees for services charged to families at the time
that the investigator's records are reviewed for recertification. Information
shall also be retained regarding fees charged to a family by another party and
collected by the investigator.
Notes
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