Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 7 - Foster Care and Adoption Assistance Program › Section 7-5 - Title IVE; foster care eligibility

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 5.
(a) As used
				in this section, "appropriate local agency" means an Indiana county department
				of public welfare or its counterpart in another state which is responsible for
				foster home evaluations for licensure or for studies of homes of nonlegally
				liable relatives for approval.
(b)
				As used in this section, "appropriate state agency" means the Indiana state
				department of public welfare or its counterpart in another state which
				administers the licensure procedure for residential foster care facilities or
				foster homes.
(c) As used in this
				section, "approved home" means the home of a nonlegally liable relative of a
				IVE-Foster Care child which is evaluated using foster home standards but which
				is not licensed.
(d) As used in
				this section, "relative" means a nonlegally liable relative, not a parent, of
				the relationship found in
				42 U.S.C.
				606(c).
(e) For purposes of administration of foster
				care assistance (Title IVE-FC), a child to be eligible for such assistance
				shall meet the definition of a dependent child under
				42 U.S.C.
				606(a) or in
				42 U.S.C.
				607.
(f) A home of other than a relative listed in
				42 U.S.C.
				606(c) in which a dependent
				child is living shall be construed to mean a foster family home or nonprofit
				private child caring institution, or public child caring institution with a
				capacity for twenty-five (25) or less children licensed by the appropriate
				state agency as meeting the standards as established for such homes and
				institutions under IC 12-3-2
[IC 12-3 was repealed by P.L. 2-1992,
				SECTION 897, effective February 14, 1992.]
or the comparable law or
				regulation of those states into which an Indiana child is placed.
(g) Title IVE-FC funds may be used to
				purchase foster care provided to eligible children in an approved home of a
				nonlegally liable relative. For such approval, the home must be studied as a
				foster home by the appropriate local agency or by a private child placing
				agency licensed by the state.
(h)
				To receive Title IVE-FC assistance, an otherwise eligible child shall meet the
				following requirements:
(1) Have been removed
				from the home of a relative as specified in
				42 U.S.C.
				606(c) as a result of a
				decision made by a court having juvenile jurisdiction.
(2) Have received assistance to families with
				dependent children under the Aid to Families with Dependent Children (AFDC) or
				Aid to Families with Dependent Children - Unemployed/Underemployed Parent
				(AFDC-UP) programs in or for the month in which the court action was initiated
				or would have received such assistance had application been made for the
				child.
(3) Be a child who:
(A) was not removed from the home of a
				relative specified in
				42 U.S.C.
				606(c), but who had lived
				with the relative within six (6) months prior to the month in which the court
				action to remove the child was initiated; and
(B) would have been eligible for assistance
				to families with dependent children under the AFDC or AFDC-UP program in the
				relative's home had the relative made application for the child in the month
				the court action was initiated.