Section 489.2.1. Membership and term.  


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  •        2.1(1)  Membership. The state foster care review board consists of seven members and functions under the leadership of a chairperson, vice-chairperson, and other officers as needed, who are elected annually by the membership. All members are appointed by the governor and subject to confirmation by the senate. The state board is directly responsible to the governor. Vacancies on the state board shall be filled in the same manner as original appointments are made. Each member of the state board may be eligible to receive compensation as provided in Iowa Code section 7E.6.

           2.1(2)  Terms. The term of a state board member’s appointment shall not exceed three years. The governor shall fix the tenure of the individual appointments such that no more than one-third of the general membership’s term expires in a given year.

           2.1(3)  Meetings. The state board shall meet at least twice a year. Notice of a meeting is published at least seven days in advance of the meeting and will be mailed to interested persons upon request. The notice shall contain the specific date, time and place of the meeting. The agenda will be made available to any interested person not less than seven days in advance of the meeting. All meetings will be open to the public, pursuant to Iowa Code chapter 21, unless a closed session is voted by a quorum. The operation of the board meetings will be governed by the following rules of procedure.

            a.           A quorum shall consist of four members. When a quorum is present, a position is carried by an affirmative vote of a majority of the entire membership of the board.

            b.           Minutes of board meetings are prepared and are available at the board office for inspection during office hours. Copies may be obtained without charge by contacting the office.

            c.           At each meeting the board shall set the time, date and place of the next meeting.

           (1)             Notice of the meetings shall be given pursuant to Iowa Code chapter 21.

           (2)             When it is determined by the chairperson of the board that a special or electronic meeting is required, it shall be held in accordance with Iowa Code section 21.4 or 21.8.

           (3)             Persons wishing to appear before the board shall submit the request to the board office not less than ten days prior to the meeting. Presentations may be made at the discretion of the chair and only upon matters appearing on the agendum. Persons wishing to submit written material should do so at least ten days in advance of the scheduled meeting to ensure board members have adequate time to receive and evaluate the material.

           (4)             Cameras and recording devices may be used at open meetings provided they do not obstruct the meeting. The presiding officer may request a person using such a device to discontinue its use when it is obstructing the meeting. If a person fails to comply with this request, the presiding officer shall order that person excluded from the meeting.

           (5)             The presiding officer may exclude any person from the meeting for repeated behavior that disrupts or obstructs the meeting.

           (6)             Cases not covered by these rules shall be governed by Robert’s Rules of Order, revised 1970 edition.

           2.1(4)  Powers and duties. The state board shall:

            1.            Review the activities and actions of local boards.

            2.            Establish a central record-keeping facility for files of local review boards, including individual case reviews.

            3.            Accumulate data and develop an annual report regarding children in foster care and make recommendations. The recommendations shall include, but are not limited to, identification of systemic problems in the foster care and the juvenile justice systems, specific proposals for improvements that assist the systems in being more cost-effective and better able to protect the best interests of children.

            4.           Evaluate the judicial and administrative data collected on foster care and disseminate the data to the governor, the supreme court, the chief judge of each judicial district, the department, and child-placing agencies.

            5.            Establish mandatory training programs for members of the state and local review boards.

            6.            Establish procedures for the local review board consistent with the provisions of Iowa Code section 237.20.

            7.            Establish grounds and procedures for removal of a local board member.

            8.            Assign the case of each child receiving foster care within the judicial district to the appropriate local board.

            9.            Provide supportive services to local boards to assist them in their duties.

            10.           Employ a state director and appropriate staff.

    This rule is intended to implement Iowa Code sections 17A.3, 237.16 and 237.18.