Iowa Code r. 441-113.7 - Safety

(1) Fire protection for bedrooms. Any floor of a house, including the basement, shall be equipped with the following:

a. At least one UL (Underwriter's Laboratory)-approved smoke detector. On floors that are used for sleeping, the smoke detector shall be in a location where sleeping areas can be alerted. For any deaf or hard-of-hearing child(ren), the foster parent shall install a smoke detector in the child(ren)'s bedroom that will use an alternative means of waking the child(ren).

b. Hallways and stairways free of debris and clutter to allow unrestricted access to an exit.

c. A working carbon monoxide detector in all homes with:

(1) Gas appliances, furnaces, fireplaces, or other gas equipment; and

(2) Attached garages.

(2) Combustion hazards.

a. Combustible materials shall be kept away from heat sources, including but not limited to furnaces, stoves, electrical panels, space heaters, and hot water heaters.

b. Explosives and flammable substances shall be stored securely and be inaccessible to the child(ren). Matches and lighters shall be inaccessible to the child(ren).

c. The home shall have at least one operable 2A-10BC-rated or ABC-rated fire extinguisher.

(3) Safety plan. The family shall have an emergency safety plan to be used for fire, tornado, blizzard, flood, other natural or manmade disasters, accidents, medical issues, and other life-threatening situations for the child(ren) in out-of-home placements. The safety plans shall state the action that the foster parents and the child(ren) are to take in each situation that may occur and shall be posted in a prominent place in the home.

a. The safety plans for fire and tornadoes shall be reviewed with the child(ren) at the time of placement. Fire and tornado plans shall be practiced with the child(ren) within one week of placement and no less than annually thereafter.

b. In a disaster requiring evacuation of the foster home, the foster parents shall notify the department of the evacuation and the address and telephone number of the foster parents' temporary residence within 24 hours after evacuation.

c. The plans shall include a designated meeting place.

d. Applicants must maintain a comprehensive list of emergency telephone numbers, including poison control, and post those numbers in a prominent place in the home. If there is a landline phone located in the home, the numbers must be posted next to the phone.

(4) Medications, first aid and poisonous substances.

a. All prescription medication shall be administered as prescribed and documented in a medication log that is given to the child(ren)'s department caseworker when the child(ren) leave the placement.

b. All over-the-counter medications shall be administered according to label directions or as directed by a physician.

c. Applicants must prevent the child(ren)'s access, as appropriate for the child(ren)'s age and development, to all medications, poisonous materials, cleaning supplies, other hazardous materials and alcoholic beverages.

d. Applicants must maintain first aid supplies as recommended by the American Red Cross.

(5) Weapons. All weapons, firearms, and ammunition shall be inaccessible to the child(ren) of any age.

a. The following weapons must be stored in an inoperative condition in a locked area inaccessible to the child(ren):

(1) Firearms;

(2) Air guns;

(3) BB guns;

(4) Hunting slingshots;

(5) Any other projectile weapons.

b. All ammunition, arrows or projectiles for such weapons shall be maintained in a locked place separate from the firearms.

c. The weapons, firearms, and ammunition storage units shall not share the same key or matching security code. If a key is used, the key shall be stored in a place inaccessible to the child(ren).

d. Any motor vehicles used to transport the child(ren) shall not contain a loaded gun, and any ammunition in the vehicle shall be kept in a separate, locked container.

e. Foster parents who have a permit to carry a firearm shall sign Form 470-4657. Foster parents who have firearms but do not have a permit to carry shall complete the safety plan section of Form 470-4657.

f. Foster parents who are also law enforcement officials and can document that their jurisdiction requires them to have ready and immediate access to their weapons may be exempt from these weapon requirements provided they adopt and follow a safety plan approved by the department.

(6) Transporting child(ren).

a. Foster parents will ensure that if a privately owned vehicle, owned by the applicants, family or friends, is used to transport the child(ren) in foster care, it must be inspected (if applicable under state law), registered, and insured and meet all applicable state or tribal requirements to be an operable vehicle on the road.

b. The driver will have a valid Iowa driver's license.

c. Safety restraints will be used that are appropriate to the child(ren)'s age, height, and weight.

d. Any motor vehicles used to transport the child(ren) shall be smoke-free when the child(ren) are being transported.

e. Weapons must not be transported in any vehicle in which the child(ren) are riding unless the weapons are made inoperable and inaccessible.

f. Foster parents will have access to reliable public transportation if they do not have access to a reliable, registered, and insured vehicle.

(7) Supervision. The foster parents shall provide reasonable and prudent supervision of the child(ren) to ensure the child(ren)'s safety.

a. Foster parents shall adequately supervise the child(ren) while the child(ren) are using any hazardous or dangerous objects or equipment. In order for the child(ren) to participate in age- or developmentally appropriate activities, the foster parent would apply the reasonable and prudent parent standard.

b. Foster parents shall use reasonable and prudent supervision of the child(ren) when the child(ren) are using the Internet or other social media.

(8) Household pets. Household pets and any outdoor animals or pets accessible to the child(ren) shall have a current veterinary health certificate verifying that the animal's routine immunizations, e.g., rabies, are current.

a. At the time of the initial home study and any time thereafter, foster parents shall report an animal's history of aggression towards people and inform the department of the animal's aggression towards people within 24 hours of an occurrence.

b. Foster parents who have pets or animals with any history of aggression shall have a written plan that addresses strategies to reduce the risk of aggression by their pets or animals with which the child(ren) will have contact.

c. Foster parents will complete a written plan on how they will introduce a pet to the child(ren).

d. Animal waste will be contained and disposed of on a routine basis.

(9) Liability. Foster parents who apply the reasonable and prudent parent standard reasonably and in good faith in regard to the child(ren) placed in their home shall have immunity from civil or criminal liability which might otherwise be incurred or imposed. This subrule shall not remove or limit any existing liability protection afforded under any other law.

This rule is intended to implement Iowa Code section 237.3.

Notes

Iowa Code r. 441-113.7

ARC 8010B, IAB 7/29/09, effective 10/1/09; ARC 0357C, IAB 10/3/12, effective 12/1/12; ARC 2743C, IAB 10/12/16, effective 12/1/16; ARC 3185C, IAB 7/5/17, effective 9/1/17; ARC 5064C, IAB 7/1/20, effective 9/1/20; ARC 5808C, IAB 7/28/21, effective 9/1/21; ARC 6961C, IAB 4/5/23, effective 6/1/23

ARC 8010B, lAB 7/29/09, effective 10/1/09; ARC 0357C, lAB 10/3/12, effective 12/1/12 Amended by IAB October 12, 2016/Volume XXXIX, Number 08, effective 12/1/2016 Amended by IAB July 5, 2017/Volume XL, Number 01, effective 9/1/2017 Amended by IAB July 1, 2020/Volume XLIII, Number 1, effective 9/1/2020 Amended by IAB July 28, 2021/Volume XLIV, Number 2, effective 9/1/2021 Amended by IAB April 5, 2023/Volume XLV, Number 20, effective 6/1/2023