Iowa Admin. Code r. 441-108.2 - Licensing procedure
(1)
Right to apply. Any person or agency has the right to make
application for a child -placing license. When applying for a child -placing
license, the applicant shall indicate the services for which licensure is being
requested.
(2)
Application. An agency or person applying for a license shall
complete Form 470-0723. The application shall be completed and signed by the
administrator or the appropriate officer and submitted to the department .
a. The applicant shall report withdrawal of
an application to the department within 30 days of the withdrawal
decision.
b. Each application shall
be evaluated by the department to ensure that all requirements are
met.
c. The applicant shall provide
requested reports and information relevant to the licensing determination to
the department .
(3)
Applications for renewal. Applications for renewal shall be
made to the department at least 30 but no more than 90 days before expiration
of the license.
(4)
Notification. Agencies shall be notified of approval or denial
within 90 days of application or reapplication.
(5)
Certificate of license.
The department shall issue or renew Form 470-3623 every three years, without
cost, to any child-placing agency which meets the minimum requirements
applicable to child -placing agencies as defined by Iowa Code chapter 238 and
this chapter. The license shall be posted in a conspicuous place on the
licensed premises.
(6)
Provisional license. A provisional license may be issued to an
agency which does not meet all licensing requirements when the failure to meet
all licensing requirements does not pose a danger to the health, safety, or
well-being of the children being served. It is issued until the agency meets
all requirements, up to a maximum time period of one year. A provisional
license is issued when the applicant has signed a written statement which
includes the following:
a. The deficiencies
necessitating the provisional license, including the specific requirements
which are not met.
b. A plan for
correcting the deficiencies.
c. The
date by which the requirements will be met.
(7)
Suspension of a license.
The suspension of a child -placing license prohibits the agency from engaging in
any child -placing activities during the period of the suspension. The
department shall suspend a license when the agency's failure to meet the
requirements poses a danger to the health, safety, or well-being of the
children being served. The suspension of a license shall not extend beyond 12
months, and the existence of the condition requiring suspension shall be
corrected within a year and documented in the agency's record.
The agency shall submit a written statement for approval by
the
a. The deficiencies necessitating the
suspended license, including the specific requirements which are not
met.
b. A plan for correcting the
deficiencies.
c. The date by which
the requirements will be met.
(8)
Completed corrective
action. When the corrective action plan is completed on or before the
date specified on the provisional license or notice of suspension, a full
license shall be issued for the remainder of the licensing period.
(9)
Denial or revocation of a
license. The department shall deny an application or reapplication for
a license or revoke a license when the applicant fails to meet the licensing
requirements or when any of the following conditions exist:
a. The agency is operating without due regard
to the health, safety, and well-being of the children being served.
b. A provisional license is not
approved.
c. The recipient of a
provisional license fails to complete the corrective action plan within the
time allowed.
d. An agency with a
suspended license fails to complete the corrective action plan on time and a
provisional license is not appropriate.
e. The agency misuses public funds.
f. The agency refuses to cooperate with child
protective assessments involving children placed by the agency.
g. The agency continuously and significantly
violates licensing requirements.
(10)
Method and content of
notice. The notice of denial, revocation, or suspension shall be sent
by restricted certified mail pursuant to 441-Chapter 16.
(11)
Right to appeal. Any
agency which disagrees with the department 's licensing decision may appeal to
the department in accordance with 441-Chapter 7. The appeal shall be filed on
or before the thirtieth day following the date of notice of the licensing
decision.
Notes
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