Iowa Admin. Code r. 441-113.13 - Record checks
Record checks are required for each foster parent applicant and for anyone who is 14 years of age or older living in the home of the applicant. The purpose of the record checks is to determine whether any of these persons has any founded child abuse or dependent adult abuse reports or criminal convictions or has been placed on the sex offender registry.
(1)
Procedure. The
department's contractor for the recruitment and retention of resource families
shall assist applicants in completing required record checks, including
fingerprinting.
a.
Iowa
records. Each foster parent applicant and anyone who is 14 years of
age or older living in the home of the applicant shall be checked for records
with:
(1) The Iowa central abuse registry,
using Form 470-0643;
(2) The Iowa
division of criminal investigation, using Form 595-1396;
(3) The Iowa sex offender registry;
and
(4) Iowa Courts
Online.
b.
Other
records.
(1) Each foster parent
applicant and any other adult living in the household shall also be checked for
records on the child abuse registry of any state where the person has lived
during the past five years.
(2)
Each foster parent applicant shall also be fingerprinted for a national
criminal history check. Fingerprinting, for the purpose of a national criminal
history check, is required on all other adult household members at the time of
initial application effective with applications dated on or after October 1,
2011. When warranted, the department may require fingerprinting for a national
criminal history check on adult household members who move in after initial
application.
(2)
Evaluation of record. If
the applicant or anyone living in the home has a record of founded child or
dependent adult abuse, a criminal conviction, or placement on the sex offender
registry, the department shall not license the applicant as a foster family
unless an evaluation determines that the abuse or criminal conviction does not
warrant prohibition of license.
a.
Exclusion. An evaluation shall not be performed if the person
has been convicted of:
(1) A felony offense
as set forth in Iowa Code section 237.8(2)
"a"(3); or
(2) A crime in another state that would be a
felony as set forth in Iowa Code section
237.8(2)"a"(3).
b.
Scope. The evaluation
shall consider the nature and seriousness of the founded child or dependent
adult abuse or crime in relation to:
(1) The
position sought or held,
(2) The
time elapsed since the abuse or crime was committed,
(3) The circumstances under which the crime
or founded abuse was committed,
(4)
The degree of rehabilitation,
(5)
The likelihood that the person will commit the abuse or crime again,
and
(6) The number of abuses or
crimes committed by the person.
c.
Evaluation form. The
person with the founded child or dependent adult abuse or criminal conviction
report shall complete and return Form 470-2310 within ten calendar days of the
date of receipt to be used to assist in the evaluation. Failure of the person
to complete and return Form 470-2310 within the specified time frame shall
result in denial of licensure.
(3)
Evaluation decision.
Centralized service area staff or designee shall conduct the evaluation and
make the decision. The department shall issue Form 470-2310 to inform the
subject of the decision and describe the basis of the decision using the
criteria specified in paragraph 113.13(2)"b." The department
shall mail the form to the person on whom the evaluation was completed:
a. Within 30 days of receipt of the completed
Form 470-2310, or
b. When the
person whose record is being evaluated fails to complete the evaluation form
within the time frame specified in paragraph 113.13(2)"c."
(4)
License
renewal. Foster parents applying for an annual or biennial license
renewal shall be subject to the same checks as new applicants, except for
fingerprinting. The department shall evaluate only abuses and convictions of
crimes that occurred since the last record check. The evaluation shall be
conducted using the same process.
This rule is intended to implement Iowa Code section 237.8(2).
Notes
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