Iowa Code 237C.4 – Rules and standards — requirements
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1. Except as otherwise provided in this section, the department shall adopt rules pursuant to chapter 17A to administer this chapter.
Terms Used In Iowa Code 237C.4
- children: means an individual or individuals under eighteen years of age. See Iowa Code 237C.1
- Department: means the department of health and human services. See Iowa Code 249L.2
- Department: means the department of health and human services. See Iowa Code 237C.1
- Director: means the director of health and human services. See Iowa Code 237C.1
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Internet: means the federated international system that is composed of allied electronic communication networks linked by telecommunication channels, that uses standardized protocols, and that facilitates electronic communication services, including but not limited to use of the world wide web; the transmission of electronic mail or messages; the transfer of files and data or other electronic information; and the transmission of voice, image, and video. See Iowa Code 4.1
- Rule: includes "regulation". See Iowa Code 4.1
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
2. Before the department issues or reissues a certificate of approval to a children‘s residential facility under section 237C.6, the facility shall comply with standards adopted by the director of the department of inspections, appeals, and licensing under chapter 10A, subchapter V, part 2.
3. Rules governing sanitation, water, and waste disposal standards for children’s residential facilities shall be adopted by the department.
4. Rules governing educational programs and education services provided by children’s residential facilities shall be adopted by the state board of education pursuant to section 282.34.
5. In the case of a conflict between rules and standards adopted pursuant to subsections 2 and 3 and local rules and standards, the more stringent requirement applies.
6. Rules adopted under this section shall not regulate religious education curricula at children’s residential facilities.
7. Prior to establishing, proposing, adopting, or modifying a standard or rule under section 237C.3, this section, or section 282.34, the department or the department of education, as applicable, shall, at a minimum, do all of the following:
a. Publish the entire text of the proposed standard, rule, or modification on its internet site.
b. Make every reasonable effort to notify the children’s residential facilities in this state of the proposed standard, rule, or modification.
c. Allow and invite any and all persons interested in the proposed standard, rule, or modification to submit written data, facts, opinions, comments, and arguments, which information shall be made publicly available and shall be filed with and maintained by the applicable department for at least five years from the date of submission to the applicable department.