Section 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 reports or criminal convictions or has been placed on the sex offender registry.

         113.13(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, Request for Child Abuse Information;

             (2)             The Iowa division of criminal investigation, using Form 595-1396, DHS Criminal History Record Check, Form B; and

             (3)             The Iowa sex offender registry.

            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. Other adults living in the home may be fingerprinted if the department determines that a national criminal history check is warranted.

         113.13(2) Evaluation of record. If the applicant or anyone living in the home has a record of founded child 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”(4); or

             (2)             A crime in another state that would be a felony as set forth in Iowa Code section 237.8(2)“a”(4) if the crime were committed in Iowa.

            b.                Scope. The evaluation shall consider the nature and seriousness of the founded child 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 degree of rehabilitation,

             (4)             The likelihood that the person will commit the abuse or crime again, and

             (5)             The number of abuses or crimes committed by the person.

            c.                Evaluation form. The person with the founded child abuse or criminal conviction report shall complete and return Form 470-2310, Record Check Evaluation, 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.

         113.13(3) Evaluation decision. The service area manager or designee shall conduct the evaluation and make the decision. The department shall issue Form 470-2386, Record Check Decision, to explain the decision reached regarding the evaluation of an abuse or a crime. 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, Record Check Evaluation, 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.”

         113.13(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).

[ARC 7606B, IAB 3/11/09, effective 5/1/09; ARC 0356C, IAB 10/3/12, effective 12/1/12]