Iowa Admin. Code r. 441-175.24
Current through Regsiter Vol. 46, No. 26, June 12, 2024
Rule 441-175.24 - Assessment intake processThe primary purpose of intake is to obtain available and pertinent information regarding an allegation of child abuse and determine whether a report of suspected child abuse becomes accepted for assessment or a rejected intake.
(1) To result in an assessment, the report of suspected child abuse must include some information to indicate all of the following.a. The alleged victim of child abuse is a child.b. The alleged perpetrator of child abuse is: (2) A person who resides in a home with the child, if the allegation is sexual abuse as defined in Iowa Code section 232.68(2)"a "(3) as amended by 2016 Iowa Acts, Senate File 2258; or(3) A person who engages in or allows child sex trafficking as defined in Iowa Code section 232.68(2)"a"(11) as amended by 2016 Iowa Acts, Senate File 2258.c. The alleged incident falls within the definition of child abuse.(2) If the report constitutes a child abuse allegation, a determination is made as to whether the assessment will be assigned as a child abuse assessment, to be commenced within 24 hours of receiving the report, or a family assessment, to be commenced within 72 hours of receiving the report. a. A child abuse assessment is required for all accepted reports which allege child abuse as defined in Iowa Code section 232.68(2)"a"(1) through (3) and (5) through (11) as amended by 2016 Iowa Acts, Senate File 2258; or which allege child abuse as defined in Iowa Code section 232.68(2)"a"(4) that also allege imminent danger, death, or injury to a child. If one or more of the following factors are met, a child abuse assessment shall be required:(1) The alleged abuse type includes a category other than denial of critical care.(2) The allegation requires a one-hour response or alleges imminent danger, death, or injury to a child.(3) The child has been taken into protective custody as a result of the allegation.(4) There is an open service case on the alleged child victim or any sibling or any other child who resides in the home or in the home of the noncustodial parent if the noncustodial parent is the alleged person responsible.(5) The alleged person responsible is not a birth or adoptive parent, a legal guardian, or a member of the child's household.(6) There has been a termination of parental rights in juvenile court on the alleged person responsible or on any caretaker who resides in the home.(7) There has been prior confirmed or founded abuse within the past six months which lists any caretaker who resides in the home as the person responsible.(8) It is alleged that illegal drugs are being manufactured or sold from the family home.(9) The allegation is failure to thrive or that the caretaker has failed to respond to an infant's life-threatening condition.(10) The allegation involves an incident for which the caretaker has been charged with a felony under Iowa Code chapter 726.b. A family assessment is required for all accepted reports which allege child abuse as defined in Iowa Code section 232.68(2)"a"(4) but do not allege imminent danger, death, or injury to a child. If all of the following factors are met, a family assessment shall be required: (1) The alleged abuse type is denial of critical care only.(2) The allegation does not require a one-hour response or allege imminent danger, death, or injury to a child.(3) The child has not been taken into protective custody as a result of the allegation.(4) There is no current open service case on the alleged child victim or any sibling or any other child who resides in the home or in the home of the noncustodial parent if the noncustodial parent is the alleged person responsible.(5) The alleged person responsible is a birth or adoptive parent, a legal guardian, or a member of the child's household.(6) There has not been a termination of parental rights in juvenile court on the alleged person responsible or on any caretaker who resides in the home.(7) There has been no prior confirmed or founded abuse within the past six months which lists any caretaker who resides in the home as the person responsible.(8) It is not alleged that illegal drugs are being manufactured or sold from the family home.(9) The allegation is not failure to thrive or that the caretaker has failed to respond to an infant's life-threatening condition.(10) The allegation does not involve an incident for which the caretaker has been charged with a felony under Iowa Code chapter 726. (3) Only the person making a report of suspected abuse may be contacted during the intake process to expand upon or to clarify information in the report. Any contact with subjects of the report or with anyone outside the department of human services, other than the original reporter(s), automatically causes the report of suspected child abuse to be accepted for assessment.(4) If the report of suspected child abuse fails to constitute a child abuse allegation. a. When it is determined that the report of suspected child abuse fails to constitute a child abuse allegation, the report of suspected child abuse shall become a rejected intake and shall be evaluated to determine whether the information reported constitutes a complaint that a child is a child in need of assistance.b. When it is determined that a report of a child needing the assistance of the court fails to meet the definition of a child in need of assistance, the report shall become a rejected intake.c. Rejected intake information shall be maintained by the department for three years from the date the report was rejected and shall then be destroyed. (5) Intake information shall be provided as follows: a. The county attorney shall be notified of all reports of suspected child abuse.b. When a report of suspected child abuse is received which does not meet the requirements for an assessment or is accepted as a family assessment and there is information about a criminal act harming a child, the department shall notify law enforcement of the report.c. If the department has reasonable cause to believe that a child or youth for whom the department has responsibility for placement, care, or supervision is or is at risk of being a victim of sex trafficking or a severe form of trafficking in persons, the department must identify that child or youth as such, document it in agency records, and refer the information as necessary to determine appropriate services, in accordance with 42 U.S.C. Section 671(a)(9)(C). Additionally, the department shall report the child or youth immediately, and in no case later than 24 hours, to law enforcement authorities, in accordance with 42 U.S.C. Section 671(a)(34).Iowa Admin. Code r. 441-175.24
ARC 8453B, IAB 1/13/10, effective 3/1/10; ARC 1156C, IAB 10/30/2013, effective 1/1/2014Amended by IAB August 5, 2015/Volume XXXVIII, Number 03, effective 10/1/2015Amended by IAB October 12, 2016/Volume XXXIX, Number 08, effective 12/1/2016