1. The department of human services is responsible for paying the cost of foster care for a child, according to rates established pursuant to section 234.38, under any of the following circumstances:

 a. When a court has committed the child to the director of human services or the director’s designee.
 b. When a court has transferred legal custody of the child to the department of human services.
 c. When the department has agreed to provide foster care services for the child for a period of not more than ninety days on the basis of a signed placement agreement between the department and the child’s parent or guardian.
 d. When the child has been placed in emergency care for a period of not more than thirty days upon approval of the director or the director’s designee.
 e. When a court has entered an order transferring the legal custody of the child to a foster care placement pursuant to section 232.46, section 232.52, subsection 2, paragraph “d”, or section 232.102, subsection 1. However, payment shall not be made for a group foster care placement unless the group foster care meets requirements as established by the department by rule.
 f. When the department has agreed to provide foster care services for a child who is eighteen years of age or older on the basis of a signed placement agreement between the department and the child or the person acting on behalf of the child.
 g. When the department has agreed to provide foster care services for the child on the basis of a signed placement agreement initiated before July 1, 1992, between the department and the child’s parent or guardian.
 h. When the child is placed in shelter care pursuant to section 232.20, subsection 1, or section 232.21.

Terms Used In Iowa Code 234.35

  • Child: means either a person less than eighteen years of age or a person eighteen, nineteen, or twenty years of age who meets all of the following conditions:
     a. See Iowa Code 234.1
  • Contract: A legal written agreement that becomes binding when signed.
  • Court: shall mean and include any court upon which jurisdiction has been conferred to determine the liability of persons for the support of dependents. See Iowa Code 252A.2
  • Department: means the department of human services. See Iowa Code 249L.2
  • 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
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
  • Rule: includes "regulation". See Iowa Code 4.1
 2. Except as provided under section 234.38 for direct payment of foster parents, payment for foster care costs shall be limited to foster care providers with whom the department has a contract in force.
 3. Payment for foster care services provided to a child who is eighteen years of age or older shall be limited to the following:

 a. Family foster care or supervised apartment living arrangements.
 b. For a child who is at imminent risk of becoming homeless or failing to graduate from high school or to obtain a general education development diploma, if the services are in the child’s best interest, funding is available for the services, and an appropriate alternative service is unavailable.
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