Iowa Admin. Code r. 441-202.13 - Removal of the child
(1) When the
department plans to remove a child from a facility or foster home, the facility
or foster home shall be informed in writing of the date of the removal, the
reason for the removal, the recourse available to the facility or foster home,
if any, and that the contested case proceeding pursuant to Iowa Code chapter
17A is not applicable to the removal. The department shall inform the facility
or foster home ten days in advance of the removal, except that the facility or
foster home may be informed less than ten days prior to the removal in the
following instances:
a. When the parent or
guardian removes the child from voluntary placement.
b. When the court orders removal of a child
from placement.
c. When there is
evidence of neglect or physical or sexual abuse.
(2) The department may remove a child from a
facility or foster home when any of the following conditions exist:
a. There is evidence of abuse, neglect, or
exploitation of the child .
b. The
child needs a specialized service that the facility does not offer.
c. The child is unable to benefit from the
placement as evidenced by lack of progress of the child .
d. There is evidence the facility is unable
to provide the care needed by the child and fulfill its responsibilities under
the case plan.
e. There is lack of
cooperation of the facility or foster home with the department .
(3) If a foster family objects in
writing within seven days from the date that the department furnishes notice of
plans to remove the child , the service area manager or designee shall grant a
conference to the foster family to determine whether the removal is in the
child 's best interest.
a. This conference
shall not be construed to be a contested case under Iowa Code chapter
17A.
b. The conference shall be
provided before the child is removed except in instances listed in paragraphs
202.13(1)"a" to "c." The service area manager
or designee shall review the propriety of the removal and explain the decision
to the foster family.
c. The
service area manager or designee, on finding that the removal is not in the
child 's best interests, may overrule the removal decision unless a court order
or parental decision prevents the department from doing so.
(4) When the facility or foster
home requests a child be removed from its care, it shall give a minimum of ten
days' notice to the department so planning may be made on behalf of the child .
This does not apply to a situation where the health or safety of the child or
another person in the foster home is threatened by the child 's presence in the
child 's current placement home.
This rule is intended to implement Iowa Code section 234.6(6) "b."
Notes
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