reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 14 - VOCATIONAL REHABILITATION SERVICES › Rule 19 - Vehicle Modification › Section 19-8 - Final inspection

Current through July 10, 2024
Authority: IC
				  12-8-8.5-4; IC
				  12-9-2-3;
				  IC
				  12-9-5-1;
				  IC
				  12-9-5-3
Affected: IC 12-9-5; IC 12-12-1
Sec. 8.
(a) Final
				inspections are required for all vehicle modifications. The VR program shall
				only process payment for the completed vehicle modifications once a receipt of
				goods signed by the eligible individual or vehicle owner has been received by
				his or her counselor.
(b) Each
				final inspection must:
(1) be conducted by an
				inspector who is a service provider approved by BRS;
(2) be conducted with the eligible individual
				and the vendor present;
(3) include
				an on-site inspection and review of all completed vehicle modifications;
				and
(4) be documented in a written
				evaluation in the eligible individual's record of services.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 14 - VOCATIONAL REHABILITATION SERVICES › Rule 19 - Vehicle Modification › Section 19-9 - Final inspection service provider standards

Current through July 10, 2024
Authority: IC
				  12-8-8.5-4; IC
				  12-9-2-3;
				  IC
				  12-9-5-1;
				  IC
				  12-9-5-3
Affected: IC 12-9-5; IC 12-12-1
Sec. 9.
All final inspections must be secured from an inspector of
				  the individual's informed choice who:
(1) is a service provider approved by
				BRS;
(2) has no ownership or other
				financial interest in the sale of any vehicle or the sale or installation of
				any vehicle modification to the individual; and
(3) has no family or other significant
				personal or business relationship with the individual or with any immediate
				family member of the individual.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 14 - VOCATIONAL REHABILITATION SERVICES › Rule 19 - Vehicle Modification › Section 19-10 - Insurance

Current through July 10, 2024
Authority: IC
				  12-8-8.5-4; IC
				  12-9-2-3;
				  IC
				  12-9-5-1;
				  IC
				  12-9-5-3
Affected: IC 12-9-5; IC 12-12-1
Sec. 10.
(a) Prior to
				driving any modified vehicle, the eligible individual or the registered owner
				must secure and maintain auto insurance for the modified vehicle.
(b) If subsequent modifications consist of
				vehicle modification repair or replacement or the transfer of modifications to
				another vehicle:
(1) the eligible individual
				must provide proof of insurance; and
(2) the eligible individual must apply any
				insurance settlement amounts received for insured modifications; prior to the
				provision of any requested services.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 14 - VOCATIONAL REHABILITATION SERVICES › Rule 19 - Vehicle Modification › Section 19-11 - Rebates

Current through July 10, 2024
Authority: IC
				  12-8-8.5-4; IC
				  12-9-2-3;
				  IC
				  12-9-5-1;
				  IC
				  12-9-5-3
Affected: IC 12-9-5; IC 12-12-1
Sec. 11.
Any time an eligible individual or a family member purchases
				  a new vehicle to be modified for which a manufacturer's vehicle modification
				  rebate is offered, the eligible individual or family member must apply for the
				  rebate if they qualify. Once an eligible individual or family member receives a
				  rebate, the eligible individual or family member must reimburse the VR program
				  for the cost of vehicle modification services provided up to the amount of the
				  rebate.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 14 - VOCATIONAL REHABILITATION SERVICES › Rule 19 - Vehicle Modification › Section 19-12 - Repeat modification

Current through July 10, 2024
Authority: IC
				  12-8-8.5-4; IC
				  12-9-2-3; IC
				  12-9-5-1; IC
				  12-9-5-3
Affected: IC
				  12-9-5; IC
				  12-12-1
Sec. 12.
(a) The VR
				program may not pay for repeated modifications to the same vehicle or to modify
				any other vehicle within three (3) years following the most recent vehicle
				modification service provided.
(b)
				If repeated vehicle modifications are required within three (3) to five (5)
				years following the most recent vehicle modification service, the VR program
				may pay fifty percent (50%) of the cost of the subsequent vehicle modifications
				if the vehicle has been driven for at least fifty thousand (50,000) miles since
				the most recent vehicle modification service provided.
(c) The VR program may pay for the full cost
				of any subsequent vehicle modification needed if it has been at least five (5)
				years since the most recent vehicle modification service provided and the
				vehicle has been driven for at least seventy-five thousand (75,000)
				miles.
(d) If repeated vehicle
				modifications are required due to a substantial change in the eligible
				individual's vocational rehabilitation needs, the VR program may pay for the
				full cost of the vehicle modification service.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 14 - VOCATIONAL REHABILITATION SERVICES › Rule 19 - Vehicle Modification › Section 19-13 - Comparable services and benefits exemption

Current through July 10, 2024
Authority: IC
				  12-8-8.5-4; IC
				  12-9-2-3;
				  IC
				  12-9-5-1;
				  IC
				  12-9-5-3
Affected: IC 12-9-5; IC 12-12-1
Sec. 13.
All vehicle modification services shall be exempt from
				  program comparable services and benefits requirements.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 14 - VOCATIONAL REHABILITATION SERVICES › Rule 19 - Vehicle Modification › Section 19-14 - Limits on vehicle modification services

Current through July 10, 2024
Authority: IC
				  12-8-8.5-4; IC
				  12-9-2-3;
				  IC
				  12-9-5-1;
				  IC
				  12-9-5-3
Affected: IC 12-9-5; IC 12-12-1
Sec. 14.
The VR program shall not pay for the following:
(1) The modification of any vehicle:
(A) of which the eligible individual or a
				family member of the individual is not the titled owner;
(B) that is more than ten (10) years old or
				has more than one hundred thousand (100,000) miles on the odometer, except if
				permitted by the counselor based on the premodification vehicle inspection;
				or
(C) that is not the eligible
				individual's primary means of transportation.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 14 - VOCATIONAL REHABILITATION SERVICES › Rule 20 - Home Modification › Section 20-1 - Home modification services

Current through July 10, 2024
Authority: IC
				  12-8-8.5-4; IC
				  12-9-2-3;
				  IC
				  12-9-5-1;
				  IC
				  12-9-5-3
Affected: IC 12-9-5; IC 12-12-1
Sec. 1.
(a) The VR
				program may provide home modification services, which include the following:
(1) Home modification evaluation.
(2) Home modification.
(3) Inspection of a completed home
				modification.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 14 - VOCATIONAL REHABILITATION SERVICES › Rule 20 - Home Modification › Section 20-2 - Home modification evaluation

Current through July 10, 2024
Authority: IC
				  12-8-8.5-4; IC
				  12-9-2-3; IC
				  12-9-5-1; IC
				  12-9-5-3
Affected: IC
				  12-9-5; IC
				  12-12-1
Sec. 2.
(a) An
				eligible individual must obtain a home modification evaluation, regardless of
				the anticipated type, scope, complexity, or cost of the home
				modifications.
(b) Each home
				modification evaluation must:
(1) be
				performed by an evaluator in accordance with subsection (c);
(2) include an assessment of the eligible
				individual and his or her place of residence;
(3) identify the nature and scope of the
				eligible individual's needs for home modification services;
(4) include the appropriate specifications of
				the required home modifications;
(5) be documented in a written evaluation in
				the eligible individual's record of services; and
(6) demonstrate how the home modification
				service is relevant to the employment outcome.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 14 - VOCATIONAL REHABILITATION SERVICES › Rule 20 - Home Modification › Section 20-3 - Home modifications

Current through July 10, 2024
Authority: IC
				  12-8-8.5-4; IC
				  12-9-2-3;
				  IC
				  12-9-5-1;
				  IC
				  12-9-5-3
Affected: IC 12-9-5; IC 12-12-1
Sec. 3.
The VR program may pay for, or reimburse, home modification
				  services including, but not limited to:
(1) modifying an exterior door;
(2) creating an accessible work site within
				the residence;
(3) modifying a
				bathroom, kitchen, or bedroom in the residence; or
(4) providing minimum pass-through
				accommodations to hallways and other connecting accesses to and between other
				areas of the residence.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 14 - VOCATIONAL REHABILITATION SERVICES › Rule 20 - Home Modification › Section 20-4 - Home modification service provider standards

Current through July 10, 2024
Authority: IC
				  12-8-8.5-4; IC
				  12-9-2-3;
				  IC
				  12-9-5-1;
				  IC
				  12-9-5-3
Affected: IC 12-9-5; IC 12-12-1
Sec. 4.
The service provider selected to provide approved home
				  modification services must be a contractor of the eligible individual's
				  informed choice who:
(1) is a service
				provider approved by BRS;
(2) has
				no ownership or other financial interest in the residence to be
				modified;
(3) has no family or
				other significant personal relationship with the eligible individual or with
				the family members of the eligible individual; and
(4) has general liability insurance coverage
				of one hundred thousand dollars ($100,000) at a minimum.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 14 - VOCATIONAL REHABILITATION SERVICES › Rule 20 - Home Modification › Section 20-5 - Inspection of completed home modifications

Current through July 10, 2024
Authority: IC
				  12-8-8.5-4; IC
				  12-9-2-3;
				  IC
				  12-9-5-1;
				  IC
				  12-9-5-3
Affected: IC 12-9-5; IC 12-12-1
Sec. 5.
(a) An
				eligible individual must obtain an inspection for all home modifications once
				they are completed, regardless of the type, scope, complexity, or cost of the
				home modifications.
(b) A home
				modification inspection must document that the home modifications provided in
				section 3 of this rule:
(1) have been
				completed and meet all applicable specifications written in the home
				modification evaluation;
(2) are
				consistent with applicable local building codes and zoning ordinances;
				and
(3) are functioning
				appropriately.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 14 - VOCATIONAL REHABILITATION SERVICES › Rule 20 - Home Modification › Section 20-6 - Home modification services payments

Current through July 10, 2024
Authority: IC
				  12-8-8.5-4; IC
				  12-9-2-3;
				  IC
				  12-9-5-1;
				  IC
				  12-9-5-3
Affected: IC 12-9-5; IC 12-12-1
Sec. 6.
(a) Prior to
				the VR program providing any home modification services, an eligible individual
				must search for and obtain comparable services and benefits for which he or she
				may qualify.
(b) The VR program
				shall not pay for or reimburse home modification services that exceed the
				actual cost of the home modification services approved by the VR program in the
				home modification evaluation.
(c)
				The VR program may require that two (2) or more price quotes must be obtained
				for the eligible individual's home modification services.
(d) If there is more than one (1) price quote
				available for providing the necessary home modifications, the least costly
				price quote shall establish the maximum cost that will be paid by the VR
				program.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 14 - VOCATIONAL REHABILITATION SERVICES › Rule 20 - Home Modification › Section 20-7 - Prerequisites for home modification assistance

Current through July 10, 2024
Authority: IC
				  12-8-8.5-4; IC
				  12-9-2-3;
				  IC
				  12-9-5-1;
				  IC
				  12-9-5-3
Affected: IC 12-9-5; IC 12-12-1
Sec. 7.
(a) The VR
				program shall pay for home modification services for a residence owned or being
				purchased by an eligible individual or the eligible individual's
				family.
(b) The VR program shall
				not pay for home modification services to residential properties that are
				leased, rented, or in foreclosure.
(c) The eligible individual must provide
				written consent from the homeowner and proof of ownership prior to the
				provision of any home modification services.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 14 - VOCATIONAL REHABILITATION SERVICES › Rule 20 - Home Modification › Section 20-8 - Prohibited uses of home modification assistance

Current through July 10, 2024
Authority: IC
				  12-8-8.5-4; IC
				  12-9-2-3;
				  IC
				  12-9-5-1;
				  IC
				  12-9-5-3
Affected: IC 12-9-5; IC 12-12-1
Sec. 8.
The VR program shall not provide home modification services
				  for:
(1) the purchase of land or the
				purchase or construction of a building for any eligible individual;
(2) any modification inconsistent with
				applicable accessibility standards or in violation of local building codes or
				zoning ordinances;
(3) the
				modification of any home determined to be unsuitable or unfit for the
				appropriate and necessary modifications;
(4) any ordinary or ongoing costs of home
				ownership;
(5) the modification of
				any home that is not the eligible individual's primary place of
				residence;
(6) any room addition or
				extension;
(7) any modification
				that has no relevance to the eligible individual's IPE;
(8) any modification related to general
				safety or security solely; or
(9)
				maintenance, repair, or replacement of home modifications that are not
				vocationally relevant.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 14 - VOCATIONAL REHABILITATION SERVICES › Rule 21 - Occupational Tools and Equipment › Section 21-1 - Occupational tools and equipment

Current through July 10, 2024
Authority: IC
				  12-8-8.5-4; IC
				  12-9-2-3;
				  IC
				  12-9-5-1;
				  IC
				  12-9-5-3
Affected: IC 12-9-5; IC 12-12-1
Sec 1.
(a) The VR
				program may purchase occupational tools and equipment for an eligible
				individual if:
(1) the tools and equipment are
				specifically required to enter or practice the trade or profession identified
				in the eligible individual's IPE; and
(2) the required tools and equipment are not
				provided by a training institution or an employer.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 14 - VOCATIONAL REHABILITATION SERVICES › Rule 21 - Occupational Tools and Equipment › Section 21-2 - Provision of occupational tools and equipment

Current through July 10, 2024
Authority: IC
				  12-8-8.5-4; IC
				  12-9-2-3; IC
				  12-9-5-1; IC
				  12-9-5-3
Affected: IC
				  12-9-5; IC
				  12-12-1
Sec. 2.
The VR program must approve all occupational tools and
				  equipment prior to purchase.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 14 - VOCATIONAL REHABILITATION SERVICES › Rule 21 - Occupational Tools and Equipment › Section 21-3 - Ownership of occupational tools and equipment

Current through July 10, 2024
Authority: IC
				  12-8-8.5-4; IC
				  12-9-2-3;
				  IC
				  12-9-5-1;
				  IC
				  12-9-5-3
Affected: IC 12-9-5; IC 12-12-1
Sec. 3.
(a) All
				occupational tools and equipment purchased by the VR program remain the
				property of the VR program until:
(1) the
				eligible individual has achieved his or her employment outcome;
(2) the eligible individual's record of
				services is closed; and
(3) the
				occupational tools and equipment are transferred to the eligible
				individual.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 14 - VOCATIONAL REHABILITATION SERVICES › Rule 22 - Ownership and Transfer of Goods › Section 22-1 - Ownership by the VR program

Current through July 10, 2024
Authority: IC
				  12-8-8.5-4; IC
				  12-9-2-3;
				  IC
				  12-9-5-1;
				  IC
				  12-9-5-3
Affected: IC 12-9-5; IC 12-12-1
Sec. 1.
The VR program owns any and all tools, equipment, medical
				  and assistive technology devices, and other tangible goods until the VR program
				  transfers ownership to the eligible individual upon successful case closure.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 14 - VOCATIONAL REHABILITATION SERVICES › Rule 22 - Ownership and Transfer of Goods › Section 22-2 - Ownership by an eligible individual

Current through July 10, 2024
Authority: IC
				  12-8-8.5-4; IC
				  12-9-2-3;
				  IC
				  12-9-5-1;
				  IC
				  12-9-5-3
Affected: IC 12-9-5; IC 12-12-1
Sec. 2.
An eligible individual owns a tool, equipment, medical and
				  assistive technology device, or other tangible good upon receipt if it
				  is:
(1) purchased, in part, by the
				eligible individual or the eligible individual's family;
(2) provided for the eligible individual
				entirely through comparable services and benefits providers;
(3) a medical or assistive technology device
				made to meet the specific needs of the eligible individual; or
(4) purchased for a small business operation
				employment outcome and needed as collateral for a small business loan.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 14 - VOCATIONAL REHABILITATION SERVICES › Rule 22 - Ownership and Transfer of Goods › Section 22-3 - Ownership by the business enterprise program

Current through July 10, 2024
Authority: IC
				  12-8-8.5-4; IC
				  12-9-2-3;
				  IC
				  12-9-5-1;
				  IC
				  12-9-5-3
Affected: IC 12-9-5; IC 12-12-1
Sec. 3.
Tools, equipment, and adaptive devices purchased by the VR
				  program specifically for the operation of the vending site shall be the
				  property of the business enterprise program from time of purchase, except that
				  hand tools and adaptive equipment purchased for the personal use of an eligible
				  individual become the property of the eligible individual.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 14 - VOCATIONAL REHABILITATION SERVICES › Rule 22 - Ownership and Transfer of Goods › Section 22-4 - Eligible individual's responsibilities

Current through July 10, 2024
Authority: IC
				  12-8-8.5-4; IC
				  12-9-2-3;
				  IC
				  12-9-5-1;
				  IC
				  12-9-5-3
Affected: IC 12-9-5; IC 12-12-1
Sec. 4.
An eligible individual must agree, in writing:
(1) to use the goods only for the intended
				purposes for which they have been provided;
(2) to be responsible for repair or
				replacement of goods lost, damaged, or destroyed by the individual through
				abuse or carelessness;
(3) not to
				sell, gift, transfer ownership, or dispose of the goods;
(4) not to rent, lease, lend, subcontract, or
				otherwise transfer possession, control, or use of the goods;
(5) to notify the VR program immediately if
				any goods are lost, stolen, damaged, or destroyed; and
(6) to notify the VR program immediately if
				any goods are no longer needed for the purpose for which they were provided.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 14 - VOCATIONAL REHABILITATION SERVICES › Rule 22 - Ownership and Transfer of Goods › Section 22-5 - Reclamation of goods

Current through July 10, 2024
Authority: IC
				  12-8-8.5-4; IC
				  12-9-2-3; IC
				  12-9-5-1; IC
				  12-9-5-3
Affected: IC
				  12-9-5; IC
				  12-12-1
Sec. 5.
(a) The VR
				program shall reclaim goods purchased for an eligible individual if:
(1) the eligible individual or individual's
				representative obtained the goods through misrepresentation, fraud, or
				collusion;
(2) the goods are no
				longer needed or are no longer being used by the individual for the purpose for
				which they were provided;
(3) the
				eligible individual did not achieve his or her employment outcome, and his or
				her record of services is closed;
(4) the goods have been used by the eligible
				individual or individual's representative to commit a criminal act or for any
				unlawful purpose; or
(5) the
				eligible individual has violated any of the conditions set forth in section 4
				of this rule.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 14 - VOCATIONAL REHABILITATION SERVICES › Rule 23 - Medicaid Rate Use › Section 23-1 - Rates

Current through July 10, 2024
Authority: IC
				  12-8-8.5-4; IC
				  12-9-2-3;
				  IC
				  12-9-5-1;
				  IC
				  12-9-5-3
Affected: IC 12-9-5; IC 12-12-1
Sec. 1.
The VR program shall pay published standard Medicaid rates
				  for all medical services, psychological services, durable medical equipment,
				  and physical and mental restoration services and equipment except as otherwise
				  provided in this rule, the VR program's fee schedule, or contractual
				  agreements.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 14 - VOCATIONAL REHABILITATION SERVICES › Rule 24 - Informal Supervisory Review › Section 24-1 - Informal supervisory review

Current through July 10, 2024
Authority: IC
				  12-8-8.5-4; IC
				  12-9-2-3;
				  IC
				  12-9-5-1;
				  IC
				  12-9-5-3
Affected: IC 12-9-5; IC 12-12-1
Sec. 1.
(a) An
				informal supervisory review is available upon written or oral request by any
				applicant or eligible individual who disputes any determination or action taken
				by the assigned counselor with respect to services received.
(b) An informal supervisory review must be
				conducted no later than five (5) business days following the date of the
				request by the local area supervisor or his or her designee.
(c) An area supervisor may affirm, reverse,
				or modify any determination or action taken by the counselor within three (3)
				business days of the informal supervisory review.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 14 - VOCATIONAL REHABILITATION SERVICES › Rule 25 - Mediation and Impartial Due Process Hearing › Section 25-1 - Right of appeal

Current through July 10, 2024
Authority: IC
				  12-8-8.5-4; IC
				  12-9-2-3;
				  IC
				  12-9-5-1;
				  IC
				  12-9-5-3
Affected: IC 12-9-5; IC 12-12-1
Sec. 1.
(a) Any
				applicant or eligible individual who is dissatisfied with any determination or
				action taken by the VR program that denies, limits, or otherwise affects his or
				her vocational rehabilitation services may request a review of the disputed
				determination or action through mediation or an impartial due process
				hearing.
(b) An applicant or
				eligible individual must submit a request for review to the VR program. The
				request for review must be received by close of business no later than twenty
				(20) days after the date of the notification of the determination or the
				effective date of the action, whichever is later.
(c) For purposes of this section, "close of
				business" means 4:30 p.m., local time, on the business day where the appeal is
				received. If the twentieth day is either a:
(1) Saturday;
(2) Sunday;
(3) state holiday; or
(4) day the VR program is closed during
				regular business hours; the request for review must be received by close of
				business the next business day. A request for review received after the close
				of business on the twentieth day is untimely.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 14 - VOCATIONAL REHABILITATION SERVICES › Rule 25 - Mediation and Impartial Due Process Hearing › Section 25-2 - Accessibility and accommodations

Current through July 10, 2024
Authority: IC
				  12-8-8.5-4; IC
				  12-9-2-3; IC
				  12-9-5-1; IC
				  12-9-5-3
Affected: IC
				  12-9-5; IC
				  12-12-1
Sec. 2.
(a) If an
				individual requires disability-related accommodations or other supports to
				participate effectively, the individual must notify the area supervisor and the
				assigned mediator or the IHO of his or her needs at least five (5) business
				days prior to the scheduled proceeding.
(b) If the proceeding must be rescheduled in
				order to secure the accommodations or supports required, the mediator or the
				IHO must notify all parties of the rescheduled date, time, and location at
				least twenty-four (24) hours prior to the time scheduled.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 14 - VOCATIONAL REHABILITATION SERVICES › Rule 25 - Mediation and Impartial Due Process Hearing › Section 25-3 - Submitting a request for an impartial due process hearing

Current through July 10, 2024
Authority: IC
				  12-8-8.5-4; IC
				  12-9-2-3;
				  IC
				  12-9-5-1;
				  IC
				  12-9-5-3
Affected: IC 12-9-5; IC 12-12-1
Sec. 3.
(a) An
				applicant, eligible individual, or individual's representative must submit a
				written request for an impartial due process hearing. An applicant, eligible
				individual, or individual's representative may submit a request for an
				impartial due process hearing on a form available in the local VR program
				office.
(b) The individual may seek
				assistance completing a request for an impartial due process hearing from a
				counselor, a CAP representative, the individual's representative, or an
				advocate of the individual's choice.
(c) An applicant, eligible individual, or
				individual's representative may withdraw his or her request for an impartial
				due process hearing, in writing, at any time.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 14 - VOCATIONAL REHABILITATION SERVICES › Rule 25 - Mediation and Impartial Due Process Hearing › Section 25-4 - Impartial hearing officer

Current through July 10, 2024
Authority: IC
				  12-8-8.5-4; IC
				  12-9-2-3;
				  IC
				  12-9-5-1;
				  IC
				  12-9-5-3
Affected: IC 12-9-5; IC 12-12-1
Sec. 4.
An impartial hearing officer may serve as both a qualified
				  and impartial mediator and an impartial hearing officer, but shall not be
				  assigned as both for the same dispute.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 14 - VOCATIONAL REHABILITATION SERVICES › Rule 25 - Mediation and Impartial Due Process Hearing › Section 25-5 - Impartial due process hearing

Current through July 10, 2024
Authority: IC
				  12-8-8.5-4; IC
				  12-9-2-3;
				  IC
				  12-9-5-1;
				  IC
				  12-9-5-3
Affected: IC 12-9-5; IC 12-12-1
Sec. 5.
(a) An
				applicant, eligible individual, or individual's representative has the right to
				representation by legal counsel or any other advocate of his or her choice
				during an impartial due process hearing.
(b) An impartial due process hearing must be
				scheduled by the assigned IHO at a date, time, and location available and
				accessible to all parties.
(c) The
				IHO must send written notice of the date, time, and place of the impartial due
				process hearing to all parties.
(d)
				Prior to the impartial due process hearing, the IHO must conduct a prehearing
				conference. The IHO must send written notice of the date, time, and place of
				the prehearing conference to all parties.
(e) If a party fails to participate in the
				impartial due process prehearing conference, the IHO may dismiss the impartial
				due process hearing.
(f) The
				impartial due process hearing must occur no later than sixty (60) days after
				receipt of the applicant's, eligible individual's, or individual's
				representative's written request for review, unless agreement is reached during
				mediation prior to the sixtieth day or the parties agree to a specific
				extension of time.
(g) The IHO must
				provide a written decision to all parties, which must include:
(1) findings of fact;
(2) the reasons for the decision;
				and
(3) the evidence and statutes,
				regulations, rules, and policies supporting the decision.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 14 - VOCATIONAL REHABILITATION SERVICES › Rule 25 - Mediation and Impartial Due Process Hearing › Section 25-6 - Mediation

Current through July 10, 2024
Authority: IC
				  12-8-8.5-4; IC
				  12-9-2-3;
				  IC
				  12-9-5-1;
				  IC
				  12-9-5-3
Affected: IC 12-9-5; IC 12-12-1
Sec. 6.
(a) An
				applicant or eligible individual must submit a written request for mediation at
				the same time a request is made for an impartial due process hearing.
(b) Mediation is voluntary for both parties
				and shall not occur unless the applicant, eligible individual, or individual's
				representative and the VR program agree.
(c) If the applicant, eligible individual,
				individual's representative, or the VR program does not agree to mediation, the
				parties must proceed directly to the impartial due process hearing.
(d) Once initiated, mediation may be
				terminated at any time by either party or by the mediator.
(e) An applicant, eligible individual, or
				individual's representative has the right to representation by legal counsel or
				any other advocate of his or her choice during mediation.
(f) An applicant, eligible individual, or
				individual's representative who intends to have the assistance of legal counsel
				must provide written notice to the mediator and counselor at least ten (10)
				business days prior to the scheduled mediation.
(g) An applicant, eligible individual, or
				individual's representative is not permitted to choose a particular
				mediator.
(h) The mediator must
				notify the parties, in writing, of the date, time, and place of mediation as
				well as provide necessary instructions and information for participation in the
				mediation.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 14 - VOCATIONAL REHABILITATION SERVICES › Rule 25 - Mediation and Impartial Due Process Hearing › Section 25-7 - Administrative review

Current through July 10, 2024
Authority: IC
				  12-8-8.5-4; IC
				  12-9-2-3;
				  IC
				  12-9-5-1;
				  IC
				  12-9-5-3
Affected: IC 12-9-5; IC 12-12-1
Sec. 7.
(a) A party
				who is dissatisfied with the outcome of the impartial due process hearing must
				submit a written request for an administrative review.
(b) The individual may seek assistance
				completing a request for an administrative review from a counselor, a CAP
				representative, the individual's representative, or an advocate of the
				individual's choice.
(c) A party's
				written request for an administrative review must be submitted within twenty
				(20) days of the date of the IHO's written decision.
(d) Any party wishing to submit additional
				evidence concerning the issue under administrative review may do so pursuant to
				instructions issued by the hearings and appeals section of the family and
				social services administration.
(e)
				The reviewing authority shall review the IHO's decision to determine if the
				decision is supported by the evidence in the record and is in accordance with
				the statutes, regulations, rules, and policies applicable to the issues under
				appeal.
(f) The reviewing authority
				may not overturn or modify the IHO's decision, or any part of that decision,
				that supports the position of the applicant or eligible individual unless the
				reviewing authority concludes, based on clear and convincing evidence, that the
				decision of the IHO is clearly erroneous on the basis of being contrary to the
				statutes, regulations, rules, and policies applicable to the issue under
				review.
(g) The reviewing authority
				must issue his or her written decision, including a full report of the findings
				and the statutory, regulatory, or policy grounds for the decision, to the
				applicant or eligible individual or, as appropriate, the individual's
				representative and to the VR program within thirty (30) days of the request for
				administrative review.
(h) The
				reviewing authority's decision is final and must be implemented. If a party
				brings a civil action to challenge the final decision, the decision of the
				reviewing authority must be implemented pending review by the court.
Indiana Administrative Code › Title 460 - DIVISION OF DISABILITY AND REHABILITATIVE SERVICES › Article 14 - VOCATIONAL REHABILITATION SERVICES › Rule 25 - Mediation and Impartial Due Process Hearing › Section 25-8 - Civil action

Current through July 10, 2024
Authority: IC
				  12-8-8.5-4; IC
				  12-9-2-3;
				  IC
				  12-9-5-1;
				  IC
				  12-9-5-3
Affected: IC 12-9-5; IC 12-12-1
Sec. 8.
(a) Any party
				who disagrees with the final action after administrative review may bring a
				civil action.
(b) The action may be
				brought in any state court or a United States district court of competent
				jurisdiction without regard to the amount in dispute.
(c) The court must be provided with the
				records related to the impartial due process hearing and the administrative
				review.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 1 - PUBLIC ASSISTANCE › Rule 1 - Child Support › Section 1-1 - Definitions

Current through July 10, 2024
Authority: IC 31-25-2-18; IC 31-25-4-27
Affected: IC 31-14-10; IC 31-14-11; IC 31-25-1; IC 31-25-3-1;
				  IC 31-25-3-2; IC 31-25-4
Sec. 1.
The following definitions shall have the meanings ascribed to
				  them in this section unless the context clearly indicates a different
				  meaning:
(1) "Child support payment"
				means any monies received and processed for distribution of payment to a child
				support recipient through the statewide child support system.
(2) "Child support services" means the legal
				activities necessary to establish or enforce a child support order, including:
(A) parent location efforts;
(B) enforcement of a prior support order
				secured in a divorce or paternity proceedings;
(C) establishment and enforcement of a
				support order in a case where the parents are separated but not
				divorced;
(D) establishment of
				paternity and securing a support order under IC 31-14-10 or IC
				31-14-11;
(E) modification of an
				existing support order in accordance with the Indiana child support rules and
				guidelines; and
(F) other services
				that might be allowed or encouraged under the federal Title IV-D program.
Child support services do not include involvement in child
				  custody and/or visitation disputes or the establishment or enforcement of
				  postsecondary education expenses.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 1 - PUBLIC ASSISTANCE › Rule 1 - Child Support › Section 1-2 - Eligibility and fees for child support services; collection processing service

Current through July 10, 2024
Authority: IC 31-25-2-18; IC 31-25-4-27
Affected: IC 31-25-4-19
Sec. 2.
Any person who, in the month of application, is a nonpublic
				  assistance participant shall be eligible for child support services as
				  requested, upon the filing of an application with a county child support
				  office. An application fee not to exceed twenty-five dollars ($25) shall be
				  assessed for each application for services. The application fee may be paid
				  either by the applicant for services or from state funds.
Transferred from the Division of Family Resources
					 (470
					 IAC 2-5-2) to the Department of Child Services (465
					 IAC 1-1-2) by P.L. 234-2005,
					 SECTION
					 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 1 - PUBLIC ASSISTANCE › Rule 1 - Child Support › Section 1-3 - Recovery of costs in nonpublic assistance child support cases (Repealed)

Current through July 10, 2024
Transferred from the Division of Family Resources (
					 470
					 IAC 2-5-3 ) to the Department of Child Services ( 465
					 IAC 1-1-3 ) by P.L. 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 1 - PUBLIC ASSISTANCE › Rule 1 - Child Support › Section 1-4 - Safeguarding information (Repealed)

Current through July 10, 2024
Transferred from the Division of Family Resources (
					 470 IAC
					 2-5-5 ) to the Department of Child Services ( 465 IAC
					 1-1-4 ) by P.L. 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 1 - PUBLIC ASSISTANCE › Rule 1 - Child Support › Section 1-5 - Funding and withholding of funds to the clerk of the circuit court

Current through July 10, 2024
Authority: IC 31-25-2-18; IC 31-25-4-27
Affected: IC 31-25-4-5; IC 31-25-4-24
Sec. 5.
(a) The
				department shall reimburse the clerk of the circuit court for the clerk's
				activities performed under the cooperative agreement between the department and
				the clerk of the circuit court. The extent of this reimbursement shall be
				governed by the terms of the budget submitted by the clerk and approved by the
				department. In no case shall the reimbursement exceed the percentages allowed
				by federal law and regulations.
(b)
				In the event the clerk does not perform the activities required by the
				cooperative agreement, the department shall have the authority to withhold
				reimbursement funds due to the clerk of the circuit court. The department shall
				not withhold such funds until the department has forwarded written notice to
				the clerk sixty (60) days prior to the date upon which reimbursement will be
				withheld. Such notice shall contain the date reimbursement will be withheld and
				the reasons therefor.
Transferred from the Division of Family Resources
					 (470
					 IAC 2-5-6) to the Department of Child Services (465
					 IAC 1-1-5) by P.L. 234-2005,
					 SECTION
					 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 1 - PUBLIC ASSISTANCE › Rule 1 - Child Support › Section 1-6 - Cancellation of cooperative agreement with the prosecuting attorney; notice; withholding of reimbursement; failure to take legal action

Current through July 10, 2024
Authority: IC 31-25-2-18; IC 31-25-4-27
Affected: IC 31-25-4-13.1; IC 31-25-4-20; IC
				  31-25-4-25
Sec. 6.
(a) Either
				party to the cooperative agreement entered into between the department and the
				prosecuting attorney may cancel that agreement prior to its expiration date by
				giving the other party to the agreement advance notice of the intention to
				cancel the agreement. Such notice shall be in writing and shall be forwarded to
				the other party to the agreement sixty (60) days prior to the date the
				agreement will be canceled. Such notice shall contain the date of the intended
				cancellation and the reason therefor.
(b) In the event the department gives the
				prosecuting attorney prior notice of its intention to cancel the cooperative
				agreement, the department shall have the right to withhold reimbursement funds
				due and owing to such prosecuting attorney on and after the date of intended
				cancellation.
(c) No prosecuting
				attorney shall be subject to cancellation of the cooperative agreement for
				breach of the provisions in the agreement, which require him or her to take
				legal action to establish and enforce support obligations, unless the failure
				to take legal action in a particular case is clear abuse of discretion.
Transferred from the Division of Family Resources
					 (470
					 IAC 2-5-7) to the Department of Child Services (465
					 IAC 1-1-6) by P.L. 234-2005,
					 SECTION
					 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 1 - PUBLIC ASSISTANCE › Rule 1 - Child Support › Section 1-7 - Date of collection; individual (Repealed)

Current through July 10, 2024
Transferred from the Division of Family Resources (
					 470 IAC
					 2-5-10 ) to the Department of Child Services ( 465 IAC
					 1-1-7 ) by P.L. 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 1 - PUBLIC ASSISTANCE › Rule 1 - Child Support › Section 1-8 - Requirements for converting support payments received directly by the recipient; condition for continuing eligibility for assistance

Current through July 10, 2024
Authority: IC 31-25-2-18; IC 31-25-4-27
Affected: IC 31-25-4
Sec. 8.
(a) As a
				condition of continuing eligibility for assistance, any temporary assistance to
				needy families (TANF) recipient who, after executing an assignment of support
				rights, receives a direct court ordered child support payment from or on behalf
				of the obligor must:
(1) convert that payment
				to the form prescribed by this section; and
(2) promptly forward that converted payment
				to the Indiana state central collection unit at the office of the child support
				bureau.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 1 - PUBLIC ASSISTANCE › Rule 1 - Child Support › Section 1-9 - Distribution of child support collections (Repealed)

Current through July 10, 2024
Transferred from the Division of Family Resources (
					 470
					 IAC 2-5-13 ) to the Department of Child Services ( 465
					 IAC 1-1-9 ) by P.L. 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 1 - PUBLIC ASSISTANCE › Rule 1 - Child Support › Section 1-10 - Distribution of support to nonpublic assistance participants who receive child support services (Repealed)

Current through July 10, 2024
Transferred from the Division of Family Resources (
					 470
					 IAC 2-5-14 ) to the Department of Child Services ( 465
					 IAC 1-1-10 ) by P.L. 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 1 - PUBLIC ASSISTANCE › Rule 1 - Child Support › Section 1-11 - Recoupment of an overpayment of child support collections (Repealed)

Current through July 10, 2024
Transferred from the Division of Family Resources (
					 470
					 IAC 2-5-15 ) to the Department of Child Services ( 465
					 IAC 1-1-11 ) by P.L. 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 1 - PUBLIC ASSISTANCE › Rule 1 - Child Support › Section 1-11.5 - Recoupment of child support overpayments from subsequent child support payments

Current through July 10, 2024
Authority: IC
				  31-25-2-18; IC
				  31-25-4-27
Affected: IC 31-25-4
Sec. 11.5.
(a) When
				the department determines that a child support payment processed through the
				statewide child support system has resulted in an overpayment to an individual,
				such overpayment may be recouped from the individual by the
				department.
(b) Upon determination
				by the department that child support payment(s) resulted in an overpayment to
				an individual, the department shall:
(1)
				provide the individual with notice of intent to recoup the overpayment, in
				accordance with subsections (d) and (e); and
(2) attempt to obtain the individual's
				written consent for recoupment of the overpayment.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 1 - PUBLIC ASSISTANCE › Rule 1 - Child Support › Section 1-12 - Withdrawal from nonpublic assistance child support services; notice and payment of charges

Current through July 10, 2024
Authority: IC 31-25-2-18; IC 31-25-4-27
Affected: IC 31-25-4-19
Sec. 12.
A nonpublic assistance participant in the child support
				  program who receives child support services may withdraw from the program by
				  notifying the local county child support office, in writing, of the intention
				  to withdraw from participation in the program. Upon the effective date of
				  withdrawal, as determined by the department, the individual will no longer be
				  entitled to any child support services.
Transferred from the Division of Family Resources
					 (470
					 IAC 2-5-20) to the Department of Child Services (465
					 IAC 1-1-12) by P.L. 234-2005,
					 SECTION
					 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 1 - PUBLIC ASSISTANCE › Rule 1 - Child Support › Section 1-13 - State income tax refund intercept

Current through July 10, 2024
Authority: IC 31-25-2-18; IC 31-25-4-27
Affected: IC 6-8.1-9.5
Sec. 13.
Whenever the department, pursuant to IC 6-8.1-9.5,
				  intercepts a state income tax refund for child support owed, and the amount
				  offset is found to be in error or to exceed the amount of overdue support, the
				  department shall promptly refund the appropriate excess amount to the obligor.
Transferred from the Division of Family Resources
					 (470 IAC
					 2-5-22) to the Department of Child Services (465 IAC
					 1-1-13) by P.L. 234-2005,
					 SECTION
					 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 1.5 - Licensing of Foster Family Homes for Children › Section 1.5-1 - "Child placing agency" defined

Current through July 10, 2024
Authority: IC
				  31-27-2-4
Affected: IC
				  31-9-2-17.5;
				  IC 31-27-4
Sec. 1.
As used in this rule, "child placing agency" or "CPA" has
				  the definition set forth in IC
				  31-9-2-17.5.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 1.5 - Licensing of Foster Family Homes for Children › Section 1.5-2 - "Department" defined

Current through July 10, 2024
Authority: IC
				  31-27-2-4
Affected: IC
				  31-25-1-1;
				  IC 31-27-4
Sec. 2.
As used in this rule, "department" means the Indiana
				  department of child services established by IC
				  31-25-1-1.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 1.5 - Licensing of Foster Family Homes for Children › Section 1.5-3 - Qualifications of the foster family; general

Current through July 10, 2024
Authority: IC
				  31-27-2-4
Affected: IC 31-27-4
Sec. 3.
(a) Foster
				parents shall be persons at least twenty-one (21) years of age to whom a
				license to operate, maintain, or conduct a foster family home for children is
				granted by the department. Foster parents must have a stable living arrangement
				and may be a married couple, an unmarried cohabitating couple who have lived
				together for at least one (1) year, or a single person. For married spouses and
				unmarried cohabitating couples, both individuals must be approved as foster
				parents. If an applicant is married but separated at the time of initial
				application, the applicant must have lived apart from his or her spouse
				continuously for a minimum of a one (1) year period with no intent to
				reconcile, the applicant must be maintaining a separate household, and the
				separation must be verified by at least three (3) references.
(b) Foster parents shall be as follows:
(1) Persons whose behaviors, circumstances,
				and physical and mental health contribute to the safety and well-being of
				children.
(2) Selected on the basis
				of demonstrating strengths in skill areas as set out by the department that
				will permit them to undertake and perform the responsibilities of meeting the
				needs of children, providing continuity of care, and working with the
				department or sponsoring child placing agency.