Iowa Code

Iowa Code § 218.13 (2026)

Record checks

✓ current as of July 2026

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1. If a person is being considered for employment involving direct responsibility for a resident or with access to a resident when the resident is alone, or if a person will reside in a facility utilized by an institution, and if the person has been convicted of a crime or has a record of founded child or dependent adult abuse, the record check evaluation system of the department shall perform an evaluation to determine whether the crime or founded abuse warrants prohibition of employment or residence in the facility. The record check evaluation system shall conduct criminal and child and dependent adult abuse record checks of the person in this state and may conduct these checks in other states. The investigation and evaluation shall be performed in accordance with procedures adopted for this purpose by the department.

2. If the record check evaluation system determines that a person, who is employed by an institution or resides in a facility utilized by an institution, has been convicted of a crime or has a record of founded child or dependent adult abuse, the record check evaluation system shall perform an evaluation to determine whether prohibition of the person’s employment or residence is warranted. The evaluation shall be performed in accordance with procedures adopted for this purpose by the department.

3. In an evaluation, the record check evaluation system shall consider the nature and seriousness of the crime or founded child or dependent adult abuse in relation to the position sought or held, the time elapsed since the commission of the crime or founded abuse, the circumstances under which the crime or founded abuse was committed, the degree of rehabilitation, the likelihood that the person will commit the crime or founded abuse again, and the number of crimes or founded abuses committed by the person involved. The record check evaluation system may permit a person who is evaluated to be employed or reside or to continue employment or residence if the person complies with the record check evaluation system’s conditions relating to employment or residence which may include completion of additional training.

4. If the record check evaluation system determines that the person has committed a crime or has a record of founded child or dependent adult abuse which warrants prohibition of employment or residence, the person shall not be employed by an institution or reside in a facility utilized by an institution. 91 Acts, ch 138, §3; 97 Acts, ch 169, §12; 2023 Acts, ch 19, §364 Referred to in §235A.15\n\n 218.14 Dwelling of superintendent or other employee.

1. The director may furnish the superintendent of the institution, in addition to salary, with a dwelling or with appropriate quarters in lieu of the dwelling, or may compensate\n\nTue Dec 09 22:21:55 2025 Iowa Code 2026, Chapter 218 (48, 1) 5 INSTITUTIONS GOVERNED BY DEPARTMENT OF HEALTH & HUMAN SERVICES, §218.21\n\nthe superintendent of the institution in lieu of furnishing a dwelling or quarters. If the superintendent of the institution is furnished with a dwelling or quarters, either of which is owned by the state, the superintendent may also be furnished with water, heat, and electricity.

2. The director may furnish assistant superintendents or other employees, or both, with a dwelling or with appropriate quarters, owned by the state. The assistant superintendent or employee, who is so furnished, shall pay rent for the dwelling or quarters in an amount to be determined by the director, which shall be the fair market rental value of the dwelling or quarters. If an assistant superintendent or employee is furnished with a dwelling or quarters, either of which is owned by the state, the assistant superintendent or employee may also be furnished with water, heat, and electricity. However, the furnishing of these utilities shall be considered in determining the fair market rental value of the dwelling or quarters. [S13, §2727-a38; SS15, §2713-n2, 2727-a96, 5717; C24, 27, 31, 35, 39, §3297, 3746; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, §218.14, 246.7; C81, §218.14] 83 Acts, ch 96, §157, 159; 2000 Acts, ch 1112, §8; 2023 Acts, ch 19, §365 Similar provisions, see §904.305 \n

Notes of Decisions

Cited in 2 cases, 1977–2002 · leading case: Iowa Dep't of Soc. Servs., Iowa Men's Reformatory v. Iowa Merit Emp. Dep't, 261 N.W.2d 161 (Iowa 1977).

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Iowa Dep't of Soc. Servs., Iowa Men's Reformatory v. Iowa Merit Emp. Dep't, 261 N.W.2d 161 (Iowa 1977). · cites it 2× “22 as inconsistent laws, the right of the director of the division of corrections to perform those duties prescribed in § 217.14(1), (2), (3) and (4); the right of the directors of the particular correctional institutions to recommend management rules, § 218.”

State v. AFSCME Iowa Council 61, 648 N.W.2d 119 (Iowa 2002). · cites it 22× “Iowa Code § 218.13 (3). In an evaluation, the department shall consider the nature and seriousness of the crime or founded child or dependent adult abuse in relation to the position sought or held, the time elapsed since the commission of the crime or founded abuse, the…”

— Iowa Code § 218.13(5) — 1 case

State v. AFSCME Iowa Council 61, 648 N.W.2d 119 (Iowa 2002). “Iowa Code § 218.13 (3). In an evaluation, the department shall consider the nature and seriousness of the crime or founded child or dependent adult abuse in relation to the position sought or held, the time elapsed since the commission of the crime or founded abuse, the…”

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