Iowa Admin. Code r. 441-107.5

Current through Regsiter Vol. 46, No. 26, June 12, 2024

Rule 441-107.5 - Granting, denial, or revocation of certification

(1)Granting of certification. When all of the requirements of this chapter are met, certification shall be granted.

(2)Denial or revocation of certification.

a. Certification or recertification shall be denied or revoked when one or more of the following conditions exist:

(1) The applicant does not comply with the requirements listed in subrules 107.4(1), 107.4(2), and 107.4(4), and rules 441-107.10 (600) and 441-107.11 (600).

(2) The applicant does not provide information required in subrule 107.4(3).

(3) The applicant has willfully or knowingly misrepresented information regarding qualifications for certification.

(4) When information about the certified investigator is received and verified by the department of inspections and appeals such as, but not limited to, failure to carry out the activities and duties as stated in this chapter, charging fees in excess of those specified in subrule 107.8(5) and breaches of confidentiality, and the effect of the investigator's actions would be detrimental to any of the parties to the adoption. Complaints involving the reasonable exercise of professional judgment in the denial or approval of a preplacement investigation are not grounds for decertification.

(5) The investigator, after being warned in writing by the licensor, provided incomplete or inadequate information or inaccurate information in required reports as described in rule 441-107.8 (600).

(6) The applicant has a founded child abuse, dependent adult abuse or criminal record conviction, unless an evaluation of the founded abuse or criminal conviction is conducted by the department of inspections and appeals which concludes that the abuse or crime does not merit prohibition of certification.

(7) The investigator aids or participates in an illegal placement or violates the statutes of Iowa Code chapter 600.

b. If an applicant is denied certification or recertification based on an inability to meet the requirements of subrule 107.4(1), 107.4(2), 107.4(3), 107.4(4), 107.4(5), or 107.4(6), the applicant may reapply when the requirements for certification have been met.

Iowa Admin. Code r. 441-107.5

Amended by IAB December 10, 2014/Volume XXXVII, Number 12, effective 2/1/2015

Amended by IAB September 7, 2022/Volume XLV, Number 5, effective 11/1/2022