reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 4 - INDIANA ADOPTION ASSISTANCE AND GUARDIANSHIP ASSISTANCE PROGRAMS › Rule 2 - Title IV-E Guardianship Assistance Program and State Guardianship Assistance Program › Section 2-27 - Guardianship administration

Current through July 10, 2024
Authority: IC
				  31-25-2-18
Affected: IC
				  29-3-6-1;
				  IC
				  31-9-2-17.8;
				  IC
				  31-25-2-7; IC
				  31-25-2-8
Sec. 27.
(a) The
				guardian receiving assistance under this rule on behalf of an eligible child
				shall be responsible for compliance with all duties and responsibilities of a
				legal guardian under any applicable provision of IC 29-3, including filing with
				the court having jurisdiction over the guardianship of any required pleadings,
				reports, documents, or accounts with respect to the guardianship
				estate.
(b) The guardian shall give
				the department notice of all hearings in the guardianship proceedings as
				required by IC
				29-3-6-1,
				including notice to the department during any time that a guardianship
				assistance agreement is in effect.
(c) The department shall have no
				responsibility for administration of the guardianship, accounting to the child
				or court for any activities of the guardian, or disposition of the proceeds of
				monthly assistance payments made to the guardian on behalf of the child.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 4 - INDIANA ADOPTION ASSISTANCE AND GUARDIANSHIP ASSISTANCE PROGRAMS › Rule 2 - Title IV-E Guardianship Assistance Program and State Guardianship Assistance Program › Section 2-28 - Periodic reports

Current through July 10, 2024
Authority: IC
				  31-25-2-18
Affected: IC
				  31-9-2-17.8;
				  IC
				  31-25-2-7; IC
				  31-25-2-8
Sec. 28.
(a) All
				guardians who have entered into guardianship assistance agreements with the
				department shall submit a completed guardianship program status report at times
				and in the form required by the department.
(b) If the guardian:
(1) fails timely to submit a completed
				guardianship program status report; or
(2) submits a report that the department has
				reason to believe is inaccurate;
the department may initiate an assessment of the child,
				  guardian, and family situation to determine whether a reportable event or other
				  change in circumstances has occurred that may require modification, suspension,
				  or termination of the guardianship assistance agreement, termination of the
				  legal guardianship, or appointment of a different guardian for the child.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 4 - INDIANA ADOPTION ASSISTANCE AND GUARDIANSHIP ASSISTANCE PROGRAMS › Rule 2 - Title IV-E Guardianship Assistance Program and State Guardianship Assistance Program › Section 2-29 - Reportable events

Current through July 10, 2024
Authority: IC
				  31-25-2-18
Affected: IC
				  5-9-4-1;
				  IC
				  31-9-2-17.8;
				  IC
				  31-25-2-7; IC
				  31-25-2-8
Sec. 29.
(a) A
				guardian who has entered into a guardianship assistance agreement with the
				department shall notify the department in writing, within ten (10) days of the
				occurrence of any reportable event that is a change in the circumstances of the
				child or family that could affect either continuing eligibility or the amount
				of periodic payments as provided in the guardianship agreement.
(b) In the event the guardian is unavailable
				or otherwise fails to provide the notice required under this section, a person
				acting on behalf of the guardian may submit to the department the required
				notice of a reportable event.
(c) A
				reportable event includes, but is not limited to:
(1) the guardian moves to a new
				residence;
(2) the child:
(A) moves out of the home of the legal
				guardian;
(B) is placed outside the
				guardian's home in another home or residential facility;
(C) is married;
(D) is no longer attending school;
(E) receives notice of a call to active duty
				in the United States armed services or the national guard, as specified in IC
				5-9-4-1(a)(2);
				or
(F) has new health insurance
				coverage;
(3) the
				guardian is no longer legally responsible for care, supervision, or support of
				the child;
(4) another person or
				agency is supporting the child in whole or in part;
(5) the child or a guardian dies;
(6) the guardian has become physically or
				mentally incapacitated to the extent that the guardian is no longer able to
				provide adequate or appropriate care and supervision of the child; or
(7) if the order creating the guardianship is
				entered after the child's sixteenth birthday, and periodic payments are being
				made after the child's eighteenth birthday pursuant to a guardianship
				assistance agreement, the child is:
(A) not
				employed for at least eighty (80) hours per month;
(B) not attending school or a vocational or
				educational certification or degree program;
(C) not participating in a program or
				activity designed to promote or remove barriers to employment; or
(D) no longer incapable of performing any of
				the activities in clauses (A) through (C) due to a documented medical
				condition.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 4 - INDIANA ADOPTION ASSISTANCE AND GUARDIANSHIP ASSISTANCE PROGRAMS › Rule 2 - Title IV-E Guardianship Assistance Program and State Guardianship Assistance Program › Section 2-30 - Suspension of payments under guardianship assistance agreements

Current through July 10, 2024
Authority: IC
				  31-25-2-18
Affected: IC
				  31-9-2-17.8;
				  IC
				  31-25-2-7; IC
				  31-25-2-8;
				  IC 31-34; IC 31-37; IC
				  31-40-1-5
Sec. 30.
(a) The
				department may suspend payments under a state guardianship assistance
				agreement, if:
(1) the department has not
				received the required status report under section 28 of this rule within ten
				(10) days after the due date, as specified in the agreement or in a notice
				requesting the report; or
(2) the
				status report as submitted to the department does not substantially comply with
				the information required in the department's report form and applicable
				instructions;
until the required guardianship program status report has
				  been submitted, reviewed, and approved by the department.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 4 - INDIANA ADOPTION ASSISTANCE AND GUARDIANSHIP ASSISTANCE PROGRAMS › Rule 2 - Title IV-E Guardianship Assistance Program and State Guardianship Assistance Program › Section 2-31 - Termination of guardianship assistance agreements

Current through July 10, 2024
Authority: IC
				  31-25-2-18
Affected: IC
				  5-9-4-1;
				  IC 29-3; IC
				  31-9-2-17.8;
				  IC
				  31-25-2-7; IC
				  31-25-2-8;
				  IC 31-34-9; IC
				  31-34-21-7.5
Sec. 31.
(a) The
				department shall terminate any periodic payment and guardianship assistance
				agreement approved under section 22 of this rule upon occurrence of any of the
				following events:
(1) The child's attainment
				of eighteen (18) years of age, except as provided in subsection (d).
(2) Entry of a court order awarding legal
				custody of the child to a person other than the guardian.
(3) Incarceration of the child in an adult
				correctional facility pursuant to a sentence and commitment order of a court of
				competent jurisdiction.
(4)
				Detention of the child in a juvenile detention center for a period of time of
				not less than one hundred eighty (180) days, pursuant to an order of a juvenile
				court having jurisdiction of the child.
(5) Entry of a dispositional decree in a
				child in need of services proceeding based on events occurring while the child
				is residing with the guardian and subsequent to the date of approval of the
				guardianship assistance agreement, if the dispositional decree provides for
				removal of the child from the home of the guardian.
(6) Death of the child.
(7) Except as provided in subsection (c),
				death or incapacity of the guardian.
(8) The child becomes emancipated.
(9) The child commences active duty in the
				United States armed services or the national guard, as specified in IC
				5-9-4-1(a)(2).
(10) Termination of the legal guardianship by
				order of the court having jurisdiction in the guardianship
				proceeding.
(11) Resignation of
				each guardian and appointment of a successor guardian for the child.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 4 - INDIANA ADOPTION ASSISTANCE AND GUARDIANSHIP ASSISTANCE PROGRAMS › Rule 2 - Title IV-E Guardianship Assistance Program and State Guardianship Assistance Program › Section 2-32 - Modification of guardianship assistance agreements

Current through July 10, 2024
Authority: IC
				  31-25-2-18
Affected: IC
				  31-9-2-17.8;
				  IC
				  31-25-2-7; IC
				  31-25-2-8
Sec. 32.
(a) A
				guardian who is receiving periodic payments under a guardianship assistance
				agreement may, during the term of the agreement, submit a modification request
				to change the periodic payment amount.
(b) A request for modification may not be
				submitted more frequently than once in a twelve (12) month period.
(c) In considering a request for modification
				under this section, the department may request from the guardian, or any other
				source, additional information that may be relevant to consideration of the
				modification request. The department will advise the guardian of its decision
				concerning the modification request within sixty (60) calendar days of
				receiving the requested information.
(d) Any modified periodic payment amount
				requested and approved under this section cannot exceed the foster care
				maintenance payment rate that the child would have received if the child were
				in foster care.
(e) Modifications
				may be limited to a period of time during which the basis for modification is
				expected to continue. Upon expiration of that time period, the periodic payment
				amount shall revert to the previous amount as provided in the guardianship
				assistance agreement before approval of the modification, or, if applicable,
				the reduced amount determined under section 23(2) of this rule. A temporary
				modification under this subsection may be extended by request of the guardian
				and agreement of the department.
(f) An approved modification under this
				section must be reflected in a written amendment to the guardianship assistance
				agreement.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 4 - INDIANA ADOPTION ASSISTANCE AND GUARDIANSHIP ASSISTANCE PROGRAMS › Rule 2 - Title IV-E Guardianship Assistance Program and State Guardianship Assistance Program › Section 2-33 - Continuation of guardianship assistance agreements beyond age 18

Current through July 10, 2024
Authority: IC
				  31-25-2-18
Affected: IC
				  29-3-8-9;
				  IC
				  31-9-2-17.8;
				  IC
				  31-25-2-7; IC
				  31-25-2-8
Sec. 33.
(a)
				Guardianship assistance will not be continued beyond the date on which the
				child becomes eighteen (18) years of age, unless continuation of guardianship
				assistance has been approved by the department.
(b) A child for whom an order creating a
				guardianship containing the requirements set out in IC
				29-3-8-9
				was entered after the child's sixteenth birthday will be approved for
				continuation of guardianship assistance after the child's eighteenth birthday
				upon documentation that the child is or will be:
(1) employed for at least eighty (80) hours
				per month;
(2) attending school or
				a vocational or educational certification or degree program;
(3) participating in a program or activity
				designed to promote or remove barriers to employment; or
(4) incapable of performing any of the
				activities in subdivisions (1) through (3) due to a documented medical
				condition.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 1 - GENERAL ADMINISTRATIVE RULES › Rule 1 - Definitions › Section 1-1 - General definitions

Current through July 10, 2024
Authority: IC
				  12-13-2-3; IC
				  12-13-5-3
Affected: IC
				  12-7-2; IC 12-13; IC 12-14; IC
				  12-15
Sec. 1.
The definitions of the following terms as used in this
				  title, unless a different meaning appears from the context, are the same as set
				  forth in Section 1 of The Welfare Act of 1936, as amended: "administrator",
				  "applicant", "recipient", "assistance", "dependent child", and "child welfare
				  services".
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 1 - GENERAL ADMINISTRATIVE RULES › Rule 1 - Definitions › Section 1-2 - Additional definitions

Current through July 10, 2024
Authority: IC
				  12-13-2-3; IC
				  12-13-5-3
Affected: IC
				  12-7-2; IC
				  12-13-1-1; IC 12-14; IC
				  12-15
Sec. 2.
(a) The
				definitions in this section are in addition to those in section 1 of this rule
				and apply throughout this article.
(b) "Division" or "DFR" means the division of
				family resources established by IC 12-13-1-1.
(c) "Public assistance programs" means SNAP,
				TANF, medical assistance, eye treatment, and state supplemental assistance
				programs.
(d) "Supplemental
				Nutrition Assistance Program" or "SNAP" means the program established under
				7 U.S.C.
				2011 et seq.
(e) "System of record" means the Indiana
				eligibility determination services system.
(f) "Temporary Assistance for Needy Families"
				or "TANF" means the program established under
				42 U.S.C.
				601 et seq.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 1 - GENERAL ADMINISTRATIVE RULES › Rule 2 - Medical Examinations; Diagnostic Tests › Section 2-7 - Confidential nature of assistance records; disclosure

Current through July 10, 2024
Authority: IC  12-13-5-3
Affected: IC  12-13-7-3; IC  12-13-7-4
Sec. 7.
Confidential Nature of Assistance Records. The case records and other information concerning applicants and recipients of assistance, under the Welfare Act of 1936, as amended, are confidential and their disclosure or use shall be confined to purposes directly connected with the administration of assistance.
Sec. 1(k), Welfare Act; Sec. 1, Ch. 349, Acts 1945; Burns 52-1001.
Sec. 5(f), Welfare Act; Sec. 3, Ch. 349, Acts 1945; Burns 52-1104.
Sec. 14, Welfare Act; Sec. 14, Ch. 3, Acts 1936; Burns 52-1113.
Sec. 14a, Welfare Act; Sec. 2, Ch. 200, Acts 1947; Burns 52-1113a.
Sec. 93, Welfare Act; Sec. 1, Ch. 321, Acts 1951; Burns 52-1262.
Sec. 93a, Welfare Act; Sec. 1, Ch. 321, Acts 1951; Burns 52-1262a.
Sec. 93b, Welfare Act; Sec. 1, Ch. 321, Acts 1951; Burns 52-1262b.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 1 - GENERAL ADMINISTRATIVE RULES › Rule 3 - Personnel › Section 3-1 - Use and disclosure of personal information; limitations

Current through July 10, 2024
Authority: IC
				  12-13-2-3; IC
				  12-13-5-3
Affected: IC
				  4-1-6-5
Sec. 1.
The use and disclosure of information concerning a data
				  subject of the system of record maintained by the DFR is limited to purposes
				  directly connected with:
(1) the
				administration of the plan or program approved under parts A, B, C, or D of
				title IV or titles II, X, XIV, XVI, XIX, or XX of the federal Social Security
				Act, or the supplemental security income program established under title XVI of
				the federal Social Security Act;
(2) an investigation, a prosecution, or a
				criminal or civil proceeding conducted in connection with the administration of
				a plan or program;
(3) the
				administration of any other federal or federally assisted program which
				provides assistance, in cash or in-kind, or services, directly to individuals
				on the basis of need. These safeguards shall also prohibit disclosure to a
				committee or legislative body (federal, state, or local) of information that
				identifies by name or address an applicant or a recipient; and
(4) the use and disclosure of personal
				information concerning a data subject shall be limited to the purposes
				described in this regulation unless otherwise ordered by a court of competent
				jurisdiction.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 1 - GENERAL ADMINISTRATIVE RULES › Rule 3 - Personnel › Section 3-2 - Access to personal information by a data subject; written request; inspect and receive records

Current through July 10, 2024
Authority: IC
				  12-13-2-3; IC
				  12-13-5-3
Affected: IC
				  4-1-6-2; IC
				  4-1-6-3
Sec. 2.
Access to personal information by the system of record is
				  governed by IC
				  4-1-6-3 upon written request on a
				  form approved by the DFR.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 1 - GENERAL ADMINISTRATIVE RULES › Rule 3 - Personnel › Section 3-3 - Correction and review of personal information by data subject; procedure

Current through July 10, 2024
Authority: IC
				  12-13-2-3; IC
				  12-13-5-3
Affected: IC
				  4-1-6-5
Sec. 3.
If a data subject of the system of record maintained by the
				  DFR gives written notice on a form approved by the DFR that they wish to
				  challenge, correct, or explain information about themselves contained in the
				  personal information system, the procedures in IC
				  4-1-6-5 shall be followed.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 1 - GENERAL ADMINISTRATIVE RULES › Rule 3 - Personnel › Section 3-4 - Regular access authority to personnel records of the division of family resources; limitation

Current through July 10, 2024
Authority: IC
				  12-13-2-3; IC
				  12-13-5-3
Affected: IC
				  4-1-6-2
Sec. 4.
Except as otherwise provided by state or federal law or
				  applicable state or federal regulation, regular access to personnel folders and
				  employment related records concerning individual employees of the DFR shall be
				  limited to the following persons:
(1)
				The employee or their authorized representative.
(2) The administrator.
(3) The personnel officer and members of
				their staff.
(4) The DFR division
				director.
(5) Other personnel who
				may exercise supervisory authority over the employee within the organizational
				structure of the DFR.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 1 - GENERAL ADMINISTRATIVE RULES › Rule 4 - Administrative Appeals › Section 4-1 - Purpose

Current through July 10, 2024
Authority: IC
				  12-13-2-3; IC
				  12-13-5-3
Affected: IC 12-13
Sec. 1.
(a) It is the
				purpose of this rule to establish a uniform method of administrative
				adjudication within the DFR in order to determine whether or not an action
				complained of was done in accordance with federal and state statutes,
				regulations, rules, and policies. As used in this rule, "policies" includes
				program manuals, administrative directives, transmittals, and other official
				written pronouncements of state or federal policy.
(b) This rule shall be construed in a manner
				as to provide all parties with an adequate opportunity to be heard in
				accordance with due process of law. As used in this rule, "party" means:
(1) a person or an entity to whom the agency
				action is specifically directed; or
(2) the DFR.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 1 - GENERAL ADMINISTRATIVE RULES › Rule 4 - Administrative Appeals › Section 4-2 - Standing

Current through July 10, 2024
Authority: IC
				  12-13-2-3; IC
				  12-13-5-3
Affected: IC 12-13
Sec. 2.
(a) In the
				event that the rights, duties, obligations, privileges, or other legal
				relations of a person or an entity are required or authorized by law to be
				determined by the DFR, then the person or entity may request, as provided for
				in section 3 of this rule, an administrative hearing under this rule. The
				person or entity requesting the hearing shall be known as the
				appellant.
(b) Unless otherwise
				provided for by law, only those persons or entities, or their respective
				attorneys at law, whose rights, duties, obligations, privileges, or other legal
				relations are alleged to have been adversely affected by an action or a
				determination by the DFR may request an administrative hearing under this rule.
				Alleged harm to an appellant must be direct and immediate to the appealing
				parties and not indirect and general in character.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 1 - GENERAL ADMINISTRATIVE RULES › Rule 4 - Administrative Appeals › Section 4-3 - Filing an appeal; scheduling appeals

Current through July 10, 2024
Authority: IC
				  12-13-2-3; IC
				  12-13-5-3
Affected: IC
				  4-15-10.5; IC 4-21.5; IC 12-13; IC
				  31-16-15
Sec. 3.
(a) A party
				complaining of a division action in accordance with this rule may file a
				request for an administrative hearing as provided in this section.
(b) Unless otherwise provided for by statute,
				regulation, or rule, appeal requests by recipients or applicants shall be filed
				in writing with the DFR or the family and social services administration
				document center as provided on the notice of agency action. Appeals of
				decisions of the SNAP by recipients or applicants may be made orally. The
				appeal request must be received by close of business not later than:
(1) thirty-three (33) days following the
				effective date of the action being appealed; or
(2) thirty-three (33) days from the date of
				the denial notice; whichever is later.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 1 - GENERAL ADMINISTRATIVE RULES › Rule 4 - Administrative Appeals › Section 4-4 - Conduct and authority of administrative law judge

Current through July 10, 2024
Authority: IC  12-13-2-3; IC  12-13-5-3
Affected: IC 12-13
Sec. 4.
(a) An administrative law judge's (ALJ) conduct shall be in a manner that promotes public confidence in the integrity and impartiality of the administrative hearing process. The ALJ who conducts a hearing is prohibited from:
(1) consulting any party or party's agent on any fact in issue unless upon notice and opportunity for all parties to participate;
(2) performing any of the investigative or prosecutorial functions of the agency in the administrative action heard or to be heard by him or her or in a factually related administrative or judicial action;
(3) being influenced by partisan interests, public clamor, or fear of criticism;
(4) conveying or permitting others to convey the impression that they are in a special position to influence the ALJ;
(5) commenting publicly, except as to hearing schedules or procedures, about pending or impending proceedings; or
(6) engaging in financial or business dealings that tend to:
(A) reflect adversely on his or her impartiality;
(B) interfere with the proper performance of his or her duties;
(C) exploit the ALJ's position; or
(D) involve the ALJ in frequent financial business dealings with attorneys or other persons who are likely to come before the ALJ.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 1 - GENERAL ADMINISTRATIVE RULES › Rule 4 - Administrative Appeals › Section 4-5 - Conduct of hearing; hearing decision

Current through July 10, 2024
Authority: IC
				  12-13-2-3; IC
				  12-13-5-3
Affected: IC 12-13
Sec. 5.
(a) The
				administrative law judge (ALJ) shall conduct the hearing in an informal manner
				and without recourse to the technical common law rules of evidence.
(b) The ALJ shall exclude from consideration
				irrelevant, immaterial, or unduly repetitious evidence.
(c) Each party shall have the right to submit
				evidence. In the event that an objection to evidence is sustained, the party
				proffering the evidence may make an offer of proof. Each party shall have the
				right to cross-examine the witnesses and offer rebutting evidence.
(d) Following the completion of the hearing,
				or after the submission of briefs by the parties (if briefing is permitted by
				the ALJ), the ALJ shall issue their decision in the matter concurrently to the
				parties. The decision shall be final unless a party requests agency review of
				the decision in accordance with this rule. The decision of the ALJ in a SNAP
				intentional program violation hearing or TANF intentional program violation
				hearing is a final agency decision.
(e) The ALJ's decision shall:
(1) include findings of fact;
(2) specify the reasons for the decision;
				and
(3) identify the evidence and
				statutes, regulations, rules, and policies supporting the decision.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 1 - GENERAL ADMINISTRATIVE RULES › Rule 4 - Administrative Appeals › Section 4-6 - Agency review

Current through July 10, 2024
Authority: IC
				  12-13-2-3; IC
				  12-13-5-3
Affected: IC 12-13
Sec. 6.
(a) Except
				for SNAP intentional program violation hearings and TANF intentional program
				violation hearings, a party that is not satisfied with the decision of the
				administrative law judge (ALJ) may request agency review of the decision within
				ten (10) days of receipt thereof in accordance with instructions issued with
				the decision.
(b) After receiving a
				request for agency review of a hearing decision, the family and social services
				administration (FSSA) shall notify all parties when the decision will be
				reviewed. The agency review shall be completed by the division director or the
				director's designee. All reviews shall be conducted upon the record, as defined
				in section 7 of this rule, except that a transcript of the oral testimony shall
				not be necessary for the review unless a party requests that one be transcribed
				at the party's expense.
(c) No new
				evidence will be considered during the agency review; however, a party wishing
				to submit a memorandum of law, citing evidence in the record, may do so
				pursuant to instructions issued by the FSSA.
(d) The director of the DFR, or the
				director's designee, shall review the ALJ'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.
(e) Following the review of
				the director or their designee, the director or designee shall issue a written
				decision:
(1) affirming the decision of the
				ALJ;
(2) amending or modifying the
				decision of the ALJ;
(3) reversing
				the decision of the ALJ;
(4)
				remanding the matter to the ALJ for further specified action; or
(5) make an order or a determination as is
				proper on the record.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 1 - GENERAL ADMINISTRATIVE RULES › Rule 4 - Administrative Appeals › Section 4-7 - Agency record; judicial review

Current through July 10, 2024
Authority: IC
				  12-13-2-3; IC
				  12-13-5-3
Affected: IC
				  4-21.5-3-33; IC
				  4-21.5-5; IC 12-13
Sec. 7.
(a) The
				record of the administrative proceedings shall be as indicated in IC
				4-21.5-3-33.
(b) If the appellant is not satisfied with
				the division's final action after agency review, the appellant may file a
				petition for judicial review in accordance with IC
				4-21.5-5.
(c) The appellant is required to seek agency
				review prior to filing a petition for judicial review except in the case of
				SNAP intentional program violation hearings and TANF intentional program
				violation hearings.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 1 - GENERAL ADMINISTRATIVE RULES › Rule 4 - Administrative Appeals › Section 4-8 - Waiver; SNAP and TANF disqualification hearings

Current through July 10, 2024
Authority: IC 12-13-2-3; IC 12-13-5-3
Affected: IC 12-13
Sec. 8.
(a) An
				individual who is alleged to have committed an intentional SNAP or TANF program
				violation and who has received notice of the allegations and evidence against
				them may waive their right to an administrative hearing as provided in
				7 CFR
				273.16, pertaining to the SNAP, or
				45 CFR
				235.113, pertaining to the TANF
				program.
(b) The individual alleged
				to have committed an intentional program violation shall be notified that they
				may waive their right to an administrative disqualification hearing, and the
				notice shall advise the individual of the consequences of waiving the right to
				an administrative disqualification hearing as provided in
				7 CFR
				273.16 or
				45 CFR
				235.113.
(c) The notice shall provide an opportunity
				for the accused to specify whether or not they admit to the
				allegations.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 2 - PUBLIC ASSISTANCE › Rule 1 - General Public Assistance › Section 1-16 - Authority to obtain information from the DFR's system of record

Current through July 10, 2024
Authority: IC 12-13-2-3; IC 12-13-5-3
Affected: IC 4-1-6-2; IC 12-13-7-3
Sec. 16.
The following individuals have regular access authority to
				  the information contained in the system of record maintained by the DFR,
				  subject to the confidentiality requirements set forth in
				  470 IAC 1-2-7 and
				  470 IAC 1-3-1:
(1) Employees of the DFR.
(2) An individual, agency, or official whose
				duties are directly connected with the administration of the plan or program
				approved under:
(A) parts A, B, C, or D of
				title IV or titles II, X, XIV, XIX, or XX of the federal Social Security
				Act;
(B) the supplemental security
				income program established under title XVI of the federal Social Security Act;
				or
(C) any other federal or
				federally assisted program which provides assistance, in cash or in-kind, or
				services, directly to individuals on the basis of need.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 2 - PUBLIC ASSISTANCE › Rule 5 - Child Support › Section 5-1 - Definitions (Transferred)

Current through July 10, 2024
Transferred from the Division of Family Resources ( 470 IAC
					 2-5-1 ) to the Department of Child Services (
					 465 IAC 1-1-1 ) by
					 P.L. 234-2005, SECTION 195, effective July 1,
					 2005.)
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 2 - PUBLIC ASSISTANCE › Rule 5 - Child Support › Section 5-2 - Eligibility and fees for parent locator and child support services; collection processing service (Transferred)

Current through July 10, 2024
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 470 - DIVISION OF FAMILY RESOURCES › Article 2 - PUBLIC ASSISTANCE › Rule 5 - Child Support › Section 5-3 - Recovery of costs in nonpublic assistance child support cases (Transferred)

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 470 - DIVISION OF FAMILY RESOURCES › Article 2 - PUBLIC ASSISTANCE › Rule 5 - Child Support › Section 5-5 - Safeguarding information (Transferred)

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 470 - DIVISION OF FAMILY RESOURCES › Article 2 - PUBLIC ASSISTANCE › Rule 5 - Child Support › Section 5-6 - Funding and withholding of funds to the clerk of the circuit court (Transferred)

Current through July 10, 2024
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 470 - DIVISION OF FAMILY RESOURCES › Article 2 - PUBLIC ASSISTANCE › Rule 5 - Child Support › Section 5-7 - Cancellation of cooperative agreement with the prosecuting attorney; notice; withholding of reimbursement (Transferred)

Current through July 10, 2024
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 470 - DIVISION OF FAMILY RESOURCES › Article 2 - PUBLIC ASSISTANCE › Rule 5 - Child Support › Section 5-10 - Date of collection; individual (Transferred)

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 470 - DIVISION OF FAMILY RESOURCES › Article 2 - PUBLIC ASSISTANCE › Rule 5 - Child Support › Section 5-12 - Requirements for converting support payments received directly by the recipient; condition for continuin (Transferred)

Current through July 10, 2024
Transferred from the Division of Family Resources ( 470 IAC
					 2-5-12 ) to the Department of Child Services (
					 465
					 IAC 1-1-8 ) by P.L. 234-2005, SECTION 195, effective
					 July 1, 2005.)
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 2 - PUBLIC ASSISTANCE › Rule 5 - Child Support › Section 5-13 - Distribution of child support collections (Transferred)

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 470 - DIVISION OF FAMILY RESOURCES › Article 2 - PUBLIC ASSISTANCE › Rule 5 - Child Support › Section 5-14 - Distribution of support to nonpublic assistance participants who receive child support services (Transferred)

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 470 - DIVISION OF FAMILY RESOURCES › Article 2 - PUBLIC ASSISTANCE › Rule 5 - Child Support › Section 5-15 - Recoupment of an overpayment of child support collections (Transferred)

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 470 - DIVISION OF FAMILY RESOURCES › Article 2 - PUBLIC ASSISTANCE › Rule 5 - Child Support › Section 5-20 - Withdrawal from nonpublic assistance child support services; notice and payment of charges (Transferred)

Current through July 10, 2024
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 470 - DIVISION OF FAMILY RESOURCES › Article 2 - PUBLIC ASSISTANCE › Rule 5 - Child Support › Section 5-22 - State income tax refund intercept (Transferred)

Current through July 10, 2024
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 470 - DIVISION OF FAMILY RESOURCES › Article 2.1 - PUBLIC ASSISTANCE › Rule 1 - General Provisions › Section 1-1 - Definitions

Current through July 10, 2024
Authority: IC
				  12-13-2-3; IC
				  12-13-5-3
Affected: IC
				  12-13-1-1; IC 12-14; IC
				  12-15
Sec. 1.
(a) The
				definitions in this section apply throughout this article.
(b) "Division" or "DFR" means the division of
				family resources established by IC 12-13-1-1.
(c) "Public assistance programs" means SNAP,
				TANF, medical assistance, eye treatment, and state supplemental assistance
				programs.
(d) "Supplemental
				Nutrition Assistance Program" or "SNAP" means the program established under
				7 U.S.C.
				2011 et seq.
(e) "Temporary Assistance for Needy Families"
				or "TANF" means the program established under
				42 U.S.C.
				601 et seq.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 2.1 - PUBLIC ASSISTANCE › Rule 1 - General Provisions › Section 1-2 - Applicant and recipient responsibilities applicable to all public assistance programs

Current through July 10, 2024
Authority: IC
				  12-13-2-3; IC
				  12-13-5-3; IC
				  12-13-7-5
Affected: IC 12-13; IC 12-14; IC 12-15
Sec. 2.
(a) Each
				applicant for and recipient of public assistance shall complete, or assist the
				DFR office in completing, the appropriate application form and related
				eligibility forms prescribed by the division.
(b) Each applicant and recipient is required
				to provide all information necessary to determine eligibility for public
				assistance and report any change in this information to the DFR office within
				ten (10) days of the date on which the change occurs.
(c) Each applicant and recipient is required
				to verify or assist the DFR office in verifying all information required to
				determine eligibility by signing appropriate release of information forms
				required to obtain verification of information provided to the DFR office or
				either of the following:
(1) Obtaining and
				providing to the DFR office documentation that verifies information required to
				determine eligibility.
(2)
				Undergoing required medical examinations necessary to determine
				eligibility.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 2.1 - PUBLIC ASSISTANCE › Rule 3 - Case Records › Section 3-1 - Release of information from DFR case records

Current through July 10, 2024
Authority: IC
				  12-13-2-3; IC
				  12-13-5-3
Affected: IC
				  12-14-22; IC
				  12-15-27
Sec. 1.
(a) The DFR
				shall give an applicant or recipient, or their authorized representative, upon
				request, the opportunity to examine the entire case record.
(b) Before releasing information from public
				assistance case records in circumstances not required by state or federal laws
				or regulations, the DFR shall obtain a written release of information, signed
				by the applicant or recipient, authorizing the DFR to release the information
				to the requesting agency or individual. The written authorization must specify
				the scope of information the county department is authorized to release and the
				specific agency or individual to whom the information is to be
				released.
(c) As permitted by
				Section
				2636 of
				Public Law
				98-369, the DFR shall release the name and current
				address of TANF recipients who are fugitive felons to law enforcement officers
				when requested. The law enforcement officer must provide the DFR with a TANF
				recipient's Social Security number and sufficient information to demonstrate
				that the TANF recipient is a fugitive felon.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 2.1 - PUBLIC ASSISTANCE › Rule 4 - Medical Support Enforcement › Section 4-1 - Claiming good cause for refusing to cooperate

Current through July 10, 2024
Authority: IC 12-13-2-3; IC 12-13-5-3
Affected: IC 12-15
Sec. 1.
(a) An
				applicant for or recipient of Medicaid will have the opportunity to claim good
				cause for refusing to cooperate as required by
				42 CFR
				433.147.
(b) Prior to requiring cooperation under
				42 CFR
				433.147, the DFR will notify the applicant or
				recipient of the right to claim good cause as an exception to the cooperation
				requirement and of all the requirements applicable to a good cause
				determination as follows:
(1) The notice will
				be in writing, with a copy furnished to the applicant or recipient.
(2) An acknowledgment that the applicant or
				recipient received the notice will be signed and dated by the caseworker and
				the applicant or recipient, and the acknowledgment will be placed in the case
				file.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 2.1 - PUBLIC ASSISTANCE › Rule 4 - Medical Support Enforcement › Section 4-2 - Determination of good cause

Current through July 10, 2024
Authority: IC 12-13-2-3; IC 12-13-5-3
Affected: IC 12-15
Sec. 2.
(a) For each
				applicant for or recipient of Medicaid who claims to have good cause, the DFR
				will determine, in accordance with sections 1, 3, and 4 of this rule, whether
				good cause exists.
(b) The DFR's
				final determination that good cause does or does not exist will:
(1) be in writing;
(2) contain the agency's findings and basis
				for determination; and
(3) be
				entered into the Medicaid case record.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 2.1 - PUBLIC ASSISTANCE › Rule 4 - Medical Support Enforcement › Section 4-3 - Good cause circumstances

Current through July 10, 2024
Authority: IC
				  12-13-2-3; IC
				  12-13-5-3
Affected: IC 12-15
Sec. 3.
(a) The DFR
				will determine that cooperation in securing support is against the best
				interests of an individual only if the applicant's or recipient's cooperation
				in securing support is reasonably anticipated to result in physical or
				emotional harm to the individual for whom support is to be sought.
(b) Physical harm and emotional harm must be
				of a serious nature in order to justify a finding of good cause under
				subsection (a). A finding of good cause for emotional harm may only be based
				upon a demonstration of an emotional impairment that substantially affects the
				individual's functioning.
(c) For
				each good cause determination which is based in whole or in part upon the
				anticipation of emotional harm to the individual, the state department will
				consider the following:
(1) The present
				emotional state of the individual subject to emotional harm.
(2) The emotional health history of the
				individual subject to emotional harm.
(3) Intensity and probable duration of the
				emotional impairment.
(4) The
				degree of cooperation to be required.
(5) The extent of involvement of the
				individual in the support enforcement activity to be undertaken.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 2.1 - PUBLIC ASSISTANCE › Rule 4 - Medical Support Enforcement › Section 4-4 - Proof of good cause claim

Current through July 10, 2024
Authority: IC
				  12-13-2-3; IC
				  12-13-5-3
Affected: IC 12-15
Sec. 4.
(a) The DFR
				will make a good cause determination based on the corroborative evidence
				supplied by the applicant or recipient only after it has examined the evidence
				and found that it actually verifies the good cause claim.
(b) The applicant or recipient who claims
				good cause must provide corroborative evidence within twenty (20) days from the
				day the claim was made. In exceptional cases where the DFR determines the
				applicant or recipient requires additional time because of the difficulty of
				obtaining the corroborative evidence, the DFR shall allow a reasonable
				additional period of time.
(c) A
				good cause claim may be corroborated with the following types of evidence:
(1) Court, medical, criminal, child
				protective services, social services, psychological, or law enforcement records
				which indicate that the person from whom support would be sought might inflict
				physical or emotional harm on the individual.
(2) Medical records which indicate emotional
				health history and present emotional health status of the individual for whom
				support would be sought, or written statements from a mental health
				professional indicating a diagnosis or prognosis concerning the emotional
				health of the individual for whom support would be sought.
(3) Sworn statements from individuals other
				than the applicant or recipient with knowledge of the circumstances which
				provide the basis for the good cause claim.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 2.1 - PUBLIC ASSISTANCE › Rule 4 - Medical Support Enforcement › Section 4-5 - Granting or continuation of assistance

Current through July 10, 2024
Authority: IC
				  12-13-2-3; IC
				  12-13-5-3
Affected: IC 12-15
Sec. 5.
The DFR will not deny, delay, or discontinue assistance
				  pending a determination of good cause for refusal to cooperate if the applicant
				  or recipient has complied with the requirements of sections 1 and 4 of this
				  rule to furnish corroborative evidence and information.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 2.1 - PUBLIC ASSISTANCE › Rule 4 - Medical Support Enforcement › Section 4-6 - Periodic review of good cause determination

Current through July 10, 2024
Authority: IC 12-13-2-3; IC 12-13-5-3
Affected: IC 12-15
Sec. 6.
The DFR will:
(1)
				review, at each redetermination of eligibility, those cases in which it has
				determined that good cause exists based on a circumstance that is subject to
				change; and
(2) if it determines
				that circumstances have changed so that good cause may no longer exist, it will
				rescind its findings and proceed to enforce the requirements of
				42 CFR
				433.147.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 1 - Licensing of Boarding Homes for Children › Section 1-1 - Definition of "foster parent" and "foster parents" (Transferred)

Current through July 10, 2024
Transferred from the
				  Division of Family Resources ( 470 IAC 3-1-1 ) to the Department of Child
				  Services ( 465 IAC 2-1-1 ) by P.L. 234-2005, SECTION 195, effective July 1,
				  2005.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 1 - Licensing of Boarding Homes for Children › Section 1-2 - Definition of "boarding home for full-time care of children" (Transferred)

Current through July 10, 2024
Transferred from the
				  Division of Family Resources ( 470 IAC 3-1-2 ) to the Department of Child
				  Services ( 465 IAC 2-1-2 ) by P.L. 234-2005, SECTION 195, effective July 1,
				  2005.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 1 - Licensing of Boarding Homes for Children › Section 1-3 - Foster family; full-time care; health; income; adult boarders; records and reports (Transferred)

Current through July 10, 2024
Transferred from the
				  Division of Family Resources ( 470 IAC 3-1-3 ) to the Department of Child
				  Services ( 465 IAC 2-1-3 ) by P.L. 234-2005, SECTION 195, effective July 1,
				  2005.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 1 - Licensing of Boarding Homes for Children › Section 1-4 - Housing; full-time care; standards and requirements (Transferred)

Current through July 10, 2024
Transferred from the
				  Division of Family Resources ( 470 IAC 3-1-4 ) to the Department of Child
				  Services ( 465 IAC 2-1-4 ) by P.L. 234-2005, SECTION 195, effective July 1,
				  2005.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 1 - Licensing of Boarding Homes for Children › Section 1-5 - Sanitation; full-time care (Transferred)

Current through July 10, 2024
Transferred from the
				  Division of Family Resources ( 470 IAC 3-1-5 ) to the Department of Child
				  Services ( 465 IAC 2-1-5 ) by P.L. 234-2005, SECTION 195, effective July 1,
				  2005.
Indiana Administrative Code › Title 470 - DIVISION OF FAMILY RESOURCES › Article 3 - CHILD WELFARE SERVICES › Rule 1 - Licensing of Boarding Homes for Children › Section 1-6 - Health; full-time care; communicable diseases; medical treatment; health regulations (Transferred)

Current through July 10, 2024
Transferred from the
				  Division of Family Resources ( 470 IAC 3-1-6 ) to the Department of Child
				  Services ( 465 IAC 2-1-6 ) by P.L. 234-2005, SECTION 195, effective July 1,
				  2005.