reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 17 - Rate Setting for Child Placing Agencies › Section 17-8 - "Department" defined

Current through July 10, 2024
Authority: IC  31-25-2-18
Affected: IC  31-25-1-1; IC  31-25-2-7; IC  31-27-6
Sec. 8.
"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 17 - Rate Setting for Child Placing Agencies › Section 17-9 - "Enhanced supervision" defined

Current through July 10, 2024
Authority: IC  31-25-2-18
Affected: IC  31-25-2-7; IC  31-27-6
Sec. 9.
"Enhanced supervision" means additional daily supervision that a foster parent will be required to provide for a child with extraordinary needs, based on categories of supervision established by the department.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 17 - Rate Setting for Child Placing Agencies › Section 17-10 - "Family case manager" or "FCM" defined

Current through July 10, 2024
Authority: IC  31-25-2-18
Affected: IC  31-9-2-11; IC  31-25-2-5; IC  31-25-2-7; IC  31-27-6
Sec. 10.
"Family case manager" or "FCM" means a caseworker, as defined in IC  31-9-2-11, who is described in IC  31-25-2-5.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 17 - Rate Setting for Child Placing Agencies › Section 17-11 - "Foster home" defined

Current through July 10, 2024
Authority: IC  31-25-2-18
Affected: IC  31-25-2-7; IC  31-27-4-14; IC  31-27-6
Sec. 11.
"Foster home" means a home that is:
(1) licensed under IC  31-27-4 upon recommendation of a licensed child placing agency, as provided in IC  31-27-4-14; and
(2) operated, supervised, and monitored by a licensed child placing agency.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 17 - Rate Setting for Child Placing Agencies › Section 17-12 - "Maintenance payment" defined

Current through July 10, 2024
Authority: IC  31-25-2-18
Affected: IC  31-25-2-7; IC  31-27-6; IC  31-40-1-2
Sec. 12.
"Maintenance payment" means payments to cover the reasonable cost of, and the reasonable cost of providing, the following items on behalf of a child placed with a CPA by the department or a probation department, for whom the department is responsible for payment of the cost of child services under IC  31-40-1-2:
(1) Food.
(2) Clothing.
(3) Shelter.
(4) Daily supervision.
(5) Travel expenses incurred for the following purposes:
(A) visitation with the child's family; and
(B) travel to and from the child's school.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 17 - Rate Setting for Child Placing Agencies › Section 17-13 - "Probation department" defined

Current through July 10, 2024
Authority: IC  31-25-2-18
Affected: IC  31-25-2-7; IC  31-27-6; IC 31-37
Sec. 13.
"Probation department" means the office of a juvenile court in a county that is responsible for care and supervision of a child placed in an out-of-home placement by a dispositional decree under IC 31-37.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 17 - Rate Setting for Child Placing Agencies › Section 17-14 - "Public hearing" defined

Current through July 10, 2024
Authority: IC  31-25-2-18
Affected: IC  31-25-2-7; IC  31-27-6
Sec. 14.
"Public hearing" means a hearing, open to the public, for the department to accept comments, suggestions, and feedback related to annual review of the maintenance payment and administrative payment as set by the mechanisms in this rule.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 17 - Rate Setting for Child Placing Agencies › Section 17-15 - "Reasonable costs" defined

Current through July 10, 2024
Authority: IC  31-25-2-18
Affected: IC  31-25-2-7; IC  31-27-6
Sec. 15.
"Reasonable costs" means costs of particular items of the administrative payment in amounts that the department determines to be reasonable and consistent with applicable guidelines as described in the following:
(1) 2 CFR Part 225 (OMB Circular A-87 Cost Principles for State, Local, and Indian Tribal Governments).
(2) 2 CFR Part 230 (OMB Circular A-122 Cost Principles for Non-Profit Organizations).
(3)
									48 CFR Part 31, Section 201-3 (Determining Reasonableness).
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 17 - Rate Setting for Child Placing Agencies › Section 17-16 - "Tax exempt entity" defined

Current through July 10, 2024
Authority: IC  31-25-2-18
Affected: IC  31-25-2-7; IC  31-27-6
Sec. 16.
"Tax exempt entity" means a CPA that has been determined to be exempt from federal income taxation by the Internal Revenue Service or otherwise operates under such an exemption pursuant to the Internal Revenue Code of 1986, as amended.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 17 - Rate Setting for Child Placing Agencies › Section 17-17 - "Title IV-E" defined

Current through July 10, 2024
Authority: IC  31-25-2-18
Affected: IC  31-25-2-7; IC  31-27-6
Sec. 17.
"Title IV-E" means the following:
(1) Title IV-E of the Social Security Act as codified in 42 U.S.C. 671 et seq.
(2) Regulations of the U.S. Department of Health and Human Services, Administration on Children, Youth and Families (ACYF), applicable to Title IV-E of the Social Security Act, as codified in 45 CFR Part 1355 and 45 CFR Part 1356.
(3) Official interpretations of Title IV-E of the Social Security Act and applicable regulations by the federal administering agency, as published in the Child Welfare Policy Manual issued by the Children's Bureau of the ACYF.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 17 - Rate Setting for Child Placing Agencies › Section 17-18 - Annual public comment period; public hearing

Current through July 10, 2024
Authority: IC  31-25-2-18
Affected: IC  31-25-2-7; IC  31-27-6
Sec. 18.
(a) An annual period of public comment will be open for at least thirty (30) days preceding an annual public hearing. The public comment time period will allow each CPA and other interested persons or organizations to communicate ideas, suggestions, or other comments regarding the rate setting methodology in writing or via e-mail to the department at an address specified in notices posted by the department on its website.
(b) At least one (1) public hearing regarding the rate setting methodology will be held on an annual basis at an address specified in a notice posted by the department on the department's website. The department will send electronic notice to CPAs currently under contract with DCS.
(c) Notice of a public hearing will be posted on the department's website for a period of at least thirty (30) consecutive days immediately before the date scheduled for the hearing.
(d) The department may, in addition to posting information on its website, provide public notice of the time and place of a scheduled public hearing through advertisement or publication in news media or posting in locations accessible to the public.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 17 - Rate Setting for Child Placing Agencies › Section 17-19 - Payments to foster parents

Current through July 10, 2024
Authority: IC  31-25-2-18
Affected: IC  31-25-2-7; IC  31-27-6
Sec. 19.
(a) Every child under the care and control of the department or a probation department in a foster home setting is entitled to a maintenance payment. The foster parent or parents will receive a maintenance payment in the form of a per diem payment. All payments will be made at least monthly for foster care provided during the preceding calendar month.
(b) The amount of a maintenance payment payable as provided in this section may vary based upon the age of the child.
(c) The foster parent or parents may receive an additional amount of properly claimed travel expenses incurred for a child placed in the foster home. The additional travel expenses will be paid if:
(1) the foster parent travels in excess of the cost of travel that is paid through the maintenance payment; and
(2) the travel is for one (1) or more of the following purposes and is consistent with the child's individual case plan or a court order:
(A) Travel for visitation with the child's family.
(B) Travel between the foster family home and the school in which the child was enrolled before placement and continues to be enrolled while residing with the foster family, to the extent that school transportation is not provided or required to be provided under applicable Indiana law by a public school corporation or other state or local agency.
(C) Travel to physical or behavioral health appointments.
(D) Travel for involvement in or attendance at:
(i) administrative case or judicial reviews;
(ii) case conferences or team meetings; or
(iii) foster parent training.
(E) Other travel approved in writing in advance by the department.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 17 - Rate Setting for Child Placing Agencies › Section 17-20 - Establishment and adjustment of the maintenance payment and enhanced supervision payment

Current through July 10, 2024
Authority: IC  31-25-2-18
Affected: IC  31-25-2-7; IC  31-27-6
Sec. 20.
(a) The department shall commission an independent contractor to conduct a study, using primary and secondary data, to assist the department with the determination of the reasonable costs of caring for a foster child in Indiana in accordance with requirements and guidelines as set forth in Title IV-E.
(b) The study will consider the age of a child and the relevant costs associated with the care of children, including children in foster care.
(c) From this study, the independent contractor will construct a model of maintenance payments. The study will provide information to the department so that the department can establish appropriate maintenance payment rates and enhanced supervision payment rates. The completed study will provide the methodology for calculating future adjustments, if any, as underlying costs change.
(d) The department will determine the maintenance payment rate that will be paid to all foster parents.
(e) The department will determine the enhanced supervision payment rates, which shall correspond to the categories of supervision established by the approved assessment tool as defined by section 4(a) of this rule
[redesignated section 4(1) of this rule by the Publisher]
.
(f) The maintenance payment rates and enhanced supervision payment rates will be reviewed annually and adjusted in accordance with subsection (c).
(g) The department will publish the current maintenance payment and the enhanced supervision rates in a provider manual maintained by the department on the department's website.
(h) The department may, at its discretion, develop and implement pilot programs by written agreement with a CPA, relating to a foster home or group of foster homes that the CPA supervises, and that may include payment amounts or procedures during a specified time period that differ from the amounts or procedures determined under this section.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 17 - Rate Setting for Child Placing Agencies › Section 17-21 - Allowable costs in the administrative payment; cost report required

Current through July 10, 2024
Authority: IC  31-25-2-18
Affected: IC  31-25-2-7; IC  31-27-6
Sec. 21.
(a) The department will make payments to each CPA for reasonable costs related to administration of the CPA, based on the administrative payment approved by the department for that CPA.
(b) Any payments made to a CPA will be made pursuant to a written agreement that is in a form specified by the department and executed by the parties.
(c) The department will maintain and publish a list of all CPA administrative payments.
(d) Each CPA shall submit to the department a cost report on an annual basis at the time and in the form required by the department. Failure to submit the cost report timely may result in delay in payment or nonpayment by the department for administrative costs incurred or services rendered by the CPA.
(e) The department will review each cost report for reasonableness and eligibility under Title IV-E, OMB circulars, and the applicable CFR provisions described in section 16 of this rule. The department may, in its discretion, adjust historical costs to reflect current costs by applying a cost of living adjustment. For costs that are not eligible under Title IV-E, the department will review the cost report for allowability as determined by the department. Based on that review, the department will submit to the CPA a final approved cost report that the department will use in calculating the applicable rates.
(f) To be allowable, a cost must relate to one (1) or more of the categories described in section 3 of this rule. The cost must also generally satisfy the following criteria:
(1) The cost is reasonable, necessary, and related to the care of children.
(2) The cost is related to goods or services actually provided by the CPA.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 17 - Rate Setting for Child Placing Agencies › Section 17-22 - Offsetting revenue and netting

Current through July 10, 2024
Authority: IC  31-25-2-18
Affected: IC  31-25-2-7; IC  31-27-6
Sec. 22.
(a) Eligible cost reimbursement offsetting will be applied as a credit in accordance with federal regulations as identified by 2 CFR Part 230 (OMB Circular A-122 Cost Principles for Non-Profit Organizations). The resulting net cost will be used to establish the administrative payment.
(b) Applicable credits refer to those receipts, or reduction of expenditures that operate to offset or reduce expense items that are allocable to awards as direct or indirect costs. Typical examples of such transactions include, but are not limited to, the following:
(1) Purchase discounts.
(2) Rebates or allowances.
(3) Recoveries or indemnities on losses.
(4) Insurance refunds.
(5) Adjustments of overpayments or erroneous charges.
To the extent that such credits accruing or received by the CPA relate to allowable cost, they shall be credited to the department either as a cost reduction or cash refund, as appropriate.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 17 - Rate Setting for Child Placing Agencies › Section 17-23 - Unallowable costs in the administrative payment

Current through July 10, 2024
Authority: IC 31-25-2-18
Affected: IC 31-25-2-7; IC 31-27-6
Sec. 23.
(a) Expenditures for the services listed in this subsection are ineligible costs under Title IV-E. The following services may be provided and paid for only upon separate authorization from the department, or as specified in the individual placement agreement for a particular child:
(1) Counseling.
(2) Therapy.
(3) Health and medical services or treatment.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 17 - Rate Setting for Child Placing Agencies › Section 17-24 - Independent review of administrative payment rate setting methodology

Current through July 10, 2024
Authority: IC  31-25-2-18
Affected: IC  31-25-2-7; IC  31-27-6
Sec. 24.
An independent third party contractor will conduct an annual review of the department's administrative payment rate setting methodology.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 17 - Rate Setting for Child Placing Agencies › Section 17-25 - Behavioral health

Current through July 10, 2024
Authority: IC  31-25-2-18
Affected: IC  31-25-2-7; IC  31-27-6
Sec. 25.
(a) Counseling, therapy, skill building, behavioral health management, and other behavioral health services to meet the behavioral healthcare needs of the child may be provided by the CPA upon separate authorization from the department.
(b) Effective no earlier than January 1, 2012, for children who are Medicaid eligible, behavioral health costs shall be billed to:
(1) Medicaid for services authorized by the department that are Medicaid eligible; and
(2) the department through a contract with the department for services authorized by the department that are not covered by Medicaid.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 17 - Rate Setting for Child Placing Agencies › Section 17-26 - Health and medical services or treatment

Current through July 10, 2024
Authority: IC  31-25-2-18
Affected: IC  31-25-2-7; IC  31-27-6
Sec. 26.
The department will pay for health and medical services or treatment, including prescription medication, directly to the service provider, on behalf of children within the department or probation's system of care who are placed in foster care through a CPA if:
(1) Medicaid denies a claim; or
(2) the child is not Medicaid eligible and private insurance is not available or does not cover the costs of services or treatment.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 17 - Rate Setting for Child Placing Agencies › Section 17-27 - Review of the administrative payment and other cost based rates

Current through July 10, 2024
Authority: IC  31-25-2-18
Affected: IC  4-21.5-3-1; IC  4-21.5-3-2; IC  31-25-2-7; IC  31-27-6
Sec. 27.
(a) A CPA may request a review of the administrative payment and other cost based rates approved by the department as stated in a notice letter issued in accordance with section 21(g) and (i)
[section 21(g) and 21(i)]
of this rule. A CPA may request a review of the administrative payment and other cost based rates when it believes that:
(1) errors have been made in the:
(A) cost report submitted to the department under section 21(d) of this rule;
(B) calculation of the administrative payment in accordance with section 21 and 23
[sections 21 and 23]
of this rule; or
(C) the determination by the department of the reasonableness of any cost; or
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 17 - Rate Setting for Child Placing Agencies › Section 17-28 - Appeal of the administrative payment and other cost based rates

Current through July 10, 2024
Authority: IC  31-25-2-18
Affected: IC  4-21.5-3; IC  31-25-2-7; IC  31-27-6
Sec. 28.
(a) A CPA may request an appeal of the department administrative review decision under section 27 of this rule by submitting a written request within fifteen (15) days of receipt of the notice specified in section 27(e) of this rule for appeal under the applicable provisions of IC  4-21.5-3-7(a).
(b) Except as otherwise provided in this section, all provisions of IC  4-21.5-3 apply to appeals requested under subsection (a).
(c) The following provisions of IC  4-21.5-3 do not apply to appeals under this section:
(1) IC  4-21.5-3-4.
(2) IC  4-21.5-3-6.
(3) IC  4-21.5-3-8, relating to sanctions and temporary orders.
(4) IC  4-21.5-3-14(c), relating to burden of proof.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 17 - Rate Setting for Child Placing Agencies › Section 17-29 - Rate in effect during pendency of review and appeal of the administrative payment

Current through July 10, 2024
Authority: IC  31-25-2-18
Affected: IC  31-25-2-7; IC  31-27-6
Sec. 29.
(a) The department will pay, during the time the administrative payment is being reviewed or appealed, the amount stated in the most recent administrative payment notice letter that was mailed to the CPA in accordance with Section 21(g) or (i)
[section 21(g) or 21(i) of this rule]
.
(b) Any payments made by the department or received by the CPA after the effective date in the notice letter mailed to the CPA in accordance with Section 21(g) or (i)
[section 21(g) or 21(i) of this rule]
will be adjusted in accordance with the final approved payment amount following completion of the administrative review under section 28 of this rule and any administrative appeal under section 29 of this rule
[this section]
, retroactive to the effective date of the notice letter.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 17 - Rate Setting for Child Placing Agencies › Section 17-30 - Initial review of the child's category of supervision

Current through July 10, 2024
Authority: IC  31-25-2-18
Affected: IC  31-25-2-7; IC  31-27-6
Sec. 30.
(a) A CPA may request a review of the child's category of supervision as determined in accordance with section 20 of this rule.
(b) A request by a CPA for review of the child's category of supervision must be submitted in writing to the FCM or probation officer who manages the child's case plan no later than thirty (30) days after the written notice of the child's category of supervision has been sent to the CPA. Notice is effective upon mailing of the notice disclosing the child's category of supervision to the CPA's address. A request for review of the child's initially approved category of supervision submitted more than thirty (30) days after the notice of the child's category of supervision was mailed will not be considered.
(c) The request for review of the child's category of supervision shall be submitted in the form and manner specified by the department and shall include, but not be limited to, the following items:
(1) Identification of the child's current category of supervision.
(2) A clear, concise statement of the reasons for the requested change.
(3) A detailed statement of related information in support of the change.
An incomplete request for review of the child's category of supervision that does not include at least the items specified in this subsection cannot be accepted or processed.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 17 - Rate Setting for Child Placing Agencies › Section 17-31 - Review of the child's category of supervision after the initial assessment has been completed

Current through July 10, 2024
Authority: IC  31-25-2-18
Affected: IC  31-25-2-7; IC  31-27-6
Sec. 31.
(a) A CPA may request a review of the child's category of supervision at a critical case juncture or when the CPA reasonably believes there is relevant, new, or changed information about the child's supervisory needs that were not adequately addressed in the approved assessment tool or during discussions about the type of placement before the placement occurred. A CPA may request a review of the child's category of supervision when there are supervisory or behavioral concerns that are not adequately addressed by the approved assessment tool. Any change in the child's category of supervision must coincide with a newly completed approved assessment tool. Whether the child should be reassessed on the approved assessment tool is a decision made at the discretion of the department's local office director or designee or the chief probation officer or designee.
(b) The CPA may request review under this section not more than one (1) time in a six (6) month period that the child is in out-of-home placement.
(c) A request by a CPA for review of the child's category of supervision for reasons outlined in subsection (a) must be submitted timely and in writing to the FCM or probation officer who manages the child's case.
(d) The request for review of the child's category of supervision shall be submitted in the form and manner specified by the department and shall include, but not be limited to, the following items:
(1) Identification of the child's current category of supervision.
(2) A clear, concise statement of the reasons for the requested change.
(3) A detailed statement of related information in support of the change.
An incomplete request for review of the child's category of supervision that does not include at least the items specified in this subsection cannot be accepted or processed.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 17 - Rate Setting for Child Placing Agencies › Section 17-32 - Documents incorporated by reference

Current through July 10, 2024
Authority: IC 31-25-2-18
Affected: IC 31-25-2-7; IC 31-27-6
Sec. 32.
The following federal regulations, as in effect on the effective date of this rule, are incorporated by reference in this rule. Copies may be obtained from the United States Government Printing Office, 732 North Capitol Street NW, Washington, D.C. 20401; may be viewed or downloaded electronically at
www.gpoaccess.gov
, or its successor; or are available for review and copying at the Indiana Department of Child Services, Indiana Government Center South, 302 West Washington Street, Room E306, Indianapolis, IN 46204:
(1) 2 CFR Part 225 (OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments).
(2)
									2 CFR Part 230 (OMB Circular A-122, Cost Principles for Nonprofit Organizations).
(3)
									48 CFR Part 31, Section 201-3 (Determining Reasonableness).
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 18 - Rate Setting for Department-Managed Foster Homes › Section 18-1 - Scope and purpose

Current through July 10, 2024
Authority: IC  31-25-2-18
Affected: IC  31-25-2-7; IC  31-27-4
Sec. 1.
(a) Every foster home in the state of Indiana must be licensed by the department in accordance with state law in order for the department to recommend placement of a child with a foster home or pay for the costs of such placement.
(b) This rule establishes the procedures the department will use for determining and making maintenance payments and other payments to foster parents of children placed by the department or a probation department for foster care in licensed foster homes.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 18 - Rate Setting for Department-Managed Foster Homes › Section 18-2 - Applicability of definitions

Current through July 10, 2024
Authority: IC  31-25-2-18
Affected: IC  31-25-2-7; IC  31-27-4
Sec. 2.
The definitions in sections 3 through 12 of this rule apply throughout this rule.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 18 - Rate Setting for Department-Managed Foster Homes › Section 18-3 - "Approved assessment tool" defined

Current through July 10, 2024
Authority: IC  31-25-2-18
Affected: IC  31-25-2-7; IC  31-27-4; IC 31-34; IC 31-37; IC  33-38-9-3
Sec. 3.
(a) "Approved assessment tool" in the case of a child placed in foster care through a child in need of services case under IC 31-34, means the approved department assessment tool, which is a department designated, child-appropriate instrument for the assessment of child functional impairment that is selected or approved by the department, and that is used by the department to assist in assessing the needs and strengths of children within the department's system of care.
(b) "Approved assessment tool" in the case of a child placed in foster care through a juvenile delinquency case under IC 31-37, means the approved probation assessment tool, which is a child-appropriate instrument for the assessment of child functional impairment that is designated by the board of directors of the judicial conference of Indiana established by IC  33-38-9-3, for use by a probation department to assist in assessing the needs and strengths of children under supervision of the probation department.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 18 - Rate Setting for Department-Managed Foster Homes › Section 18-4 - "Critical case juncture" defined

Current through July 10, 2024
Authority: IC  31-25-2-18
Affected: IC  31-25-2-7; IC  31-27-4
Sec. 4.
"Critical case juncture" means an event or episode, as determined by the department or a probation department, involving the child or family that has caused or may cause a disruption in the child's placement.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 18 - Rate Setting for Department-Managed Foster Homes › Section 18-5 - "Department" defined

Current through July 10, 2024
Authority: IC  31-25-2-18
Affected: IC  31-25-1-1; IC  31-25-2-7; IC  31-27-4
Sec. 5.
"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 18 - Rate Setting for Department-Managed Foster Homes › Section 18-6 - "Enhanced supervision" defined

Current through July 10, 2024
Authority: IC  31-25-2-18
Affected: IC  31-25-2-7; IC  31-27-4
Sec. 6.
"Enhanced supervision" means additional daily supervision that a foster parent will be required to provide for a child with extraordinary needs, based on categories of supervision established by the department.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 18 - Rate Setting for Department-Managed Foster Homes › Section 18-7 - "Family case manager" or "FCM" defined

Current through July 10, 2024
Authority: IC  31-25-2-18
Affected: IC  31-9-2-11; IC  31-25-2-5; IC  31-25-2-7; IC  31-27-4
Sec. 7.
"Family case manager" or "FCM" means a caseworker, as defined in IC  31-9-2-11, who is described in IC  31-25-2-5.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 18 - Rate Setting for Department-Managed Foster Homes › Section 18-8 - "Foster home" defined

Current through July 10, 2024
Authority: IC  31-25-2-18
Affected: IC  31-25-2-7; IC  31-27-4
Sec. 8.
"Foster home" means a home that is licensed under IC  31-27-4 or under a comparable law in the state in which the home is located.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 18 - Rate Setting for Department-Managed Foster Homes › Section 18-9 - "Maintenance payment" defined

Current through July 10, 2024
Authority: IC  31-25-2-18
Affected: IC  31-25-2-7; IC  31-27-4; IC  31-40-1-2
Sec. 9.
"Maintenance payment" means payments made by the department to the foster parent to cover the reasonable cost of, and the reasonable cost of providing, the following items on behalf of a child placed by the department or a probation department, for whom the department is responsible for payment of the cost of child services under IC  31-40-1-2:
(1) Food.
(2) Clothing.
(3) Shelter.
(4) Daily supervision.
(5) Travel expenses incurred for the following purposes:
(A) Visitation with the child's family.
(B) Travel to and from the child's school.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 18 - Rate Setting for Department-Managed Foster Homes › Section 18-10 - "Probation department" defined

Current through July 10, 2024
Authority: IC  31-25-2-18
Affected: IC  31-25-2-7; IC  31-27-4; IC 31-37
Sec. 10.
"Probation department" means the office of a juvenile court in a county that is responsible for care and supervision of a child placed in an out-of-home placement by a dispositional decree under IC 31-37.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 18 - Rate Setting for Department-Managed Foster Homes › Section 18-11 - "Public hearing" defined

Current through July 10, 2024
Authority: IC  31-25-2-18
Affected: IC  31-25-2-7; IC  31-27-4
Sec. 11.
"Public hearing" means a hearing, open to the public, for the department to accept comments, suggestions, and feedback related to annual review of the maintenance payment as set by the mechanisms in this rule.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 18 - Rate Setting for Department-Managed Foster Homes › Section 18-12 - "Title IV-E" defined

Current through July 10, 2024
Authority: IC  31-25-2-18
Affected: IC  31-25-2-7; IC  31-27-4
Sec. 12.
"Title IV-E" means the following:
(1) Title IV-E of the Social Security Act as codified in 42 U.S.C. 671 et seq.
(2) Regulations of the U.S. Department of Health and Human Services, Administration on Children, Youth and Families (ACYF), applicable to Title IV-E of the Social Security Act, as codified in 45 CFR Part 1355 and 45 CFR Part 1356.
(3) Official interpretations of Title IV-E of the Social Security Act and applicable regulations by the federal administering agency, as published in the Child Welfare Policy Manual issued by the Children's Bureau of the ACYF.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 18 - Rate Setting for Department-Managed Foster Homes › Section 18-13 - Annual public comment period; public hearing

Current through July 10, 2024
Authority: IC  31-25-2-18
Affected: IC  31-25-2-7; IC  31-27-4
Sec. 13.
(a) An annual period of public comment will be open for at least thirty (30) days preceding an annual public hearing. The public comment time period will allow each foster parent and other interested persons or organizations to communicate ideas, suggestions, or other comments regarding the rate setting methodology in writing or via e-mail to the department at an address specified in notices posted by the department on its website.
(b) At least one (1) public hearing regarding the rate setting methodology will be held on an annual basis at an address specified in a notice posted by the department on the department's website.
(c) Notice of a public hearing will be posted on the department's website for a period of at least thirty (30) consecutive days immediately before the date scheduled for the hearing.
(d) The department may, in addition to posting information on its website, provide public notice of the time and place of a scheduled public hearing through advertisement or publication in news media or posting in locations accessible to the public.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 18 - Rate Setting for Department-Managed Foster Homes › Section 18-14 - Payments to foster parents

Current through July 10, 2024
Authority: IC  31-25-2-18
Affected: IC  31-25-2-7; IC  31-27-4
Sec. 14.
(a) Every child under the care and control of the department or a probation department in a foster home setting is entitled to a maintenance payment. The foster parent or parents will receive a maintenance payment in the form of a per diem payment. All payments will be made monthly, at the time and in the manner determined by the department, for foster care provided during the preceding calendar month.
(b) The amount of a maintenance payment payable as provided in this section may vary based upon the age of the child.
(c) The foster parent or parents may receive an additional amount of properly claimed travel expenses incurred for a child placed in the foster home. The additional travel expenses will be paid if:
(1) the foster parent travels in excess of the cost of travel that is paid through the maintenance payment; and
(2) the travel is for one (1) or more of the following purposes and is consistent with the child's individual case plan or a court order:
(A) Travel for visitation with the child's family.
(B) Travel between the foster family home and the school in which the child was enrolled before placement and continues to be enrolled while residing with the foster family, to the extent that school transportation is not required to be provided under applicable Indiana law by a public school corporation or other state or local agency.
(C) Travel to physical or behavioral health appointments.
(D) Travel for involvement in or attendance at:
(i) administrative or judicial case reviews;
(ii) case conferences or team meetings; or
(iii) foster parent training.
(E) Other travel approved in writing in advance by the department.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 18 - Rate Setting for Department-Managed Foster Homes › Section 18-15 - Establishment and adjustment of the maintenance payment and enhanced supervision payment

Current through July 10, 2024
Authority: IC  31-25-2-18
Affected: IC  31-25-2-7; IC  31-27-4
Sec. 15.
(a) The department shall commission an independent contractor to conduct a study, using primary and secondary data, to assist the department with the determination of the reasonable costs of caring for a foster child in Indiana in accordance with requirements and guidelines as set forth in Title IV-E.
(b) The study will consider the age of a child and the relevant costs associated with the care of children, including children in foster care.
(c) From this study, the independent contractor will construct a model of maintenance payments. The study will provide information to the department so that the department can establish appropriate maintenance payment rates and enhanced supervision payment rates. The completed study will provide the methodology for calculating future adjustments to maintenance payments, if any, as underlying costs change.
(d) The department will determine the maintenance payment rate that will be paid to all foster parents.
(e) The department will determine the enhanced supervision payment rates, which shall correspond to the categories of supervision established by the approved assessment tool as defined in section 3(a) of this rule.
(f) The maintenance payment rates and enhanced supervision rates will be reviewed annually and adjusted in accordance with subsection (c).
(g) The department will publish the current maintenance payment and enhanced supervision rates in the foster family home provider manual maintained by the department on the department's website.
(h) The department may, at its discretion, develop and implement pilot programs by written agreement with a foster home or group of foster homes, that may include payment amounts or procedures during a specified time period that differ from the amounts or procedures determined under this section.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 18 - Rate Setting for Department-Managed Foster Homes › Section 18-16 - Initial review of the child's category of supervision

Current through July 10, 2024
Authority: IC  31-25-2-18
Affected: IC  31-25-2-7; IC  31-27-4
Sec. 16.
(a) A foster parent may request a review of the child's category of supervision as determined in accordance with section 14 of this rule.
(b) A request by a foster parent for review of the child's category of supervision must be submitted in writing to the FCM or probation officer who manages the child's case plan no later than thirty (30) days after the written notice of the child's category of supervision has been sent to the foster parent. Notice is effective upon mailing of the notice disclosing the child's category of supervision to the foster parent's address. A request for review of the child's initially approved category of supervision submitted more than thirty (30) days after the notice of the child's category of supervision was mailed will not be considered.
(c) The request for review of the child's category of supervision shall be submitted in the form and manner specified by the department and shall include, but not be limited to, the following items:
(1) Identification of the child's current category of supervision.
(2) A clear, concise statement of the reasons for the requested change.
(3) A detailed statement of related information in support of the change.
An incomplete request for review of the child's category of supervision that does not include at least the items specified in this subsection cannot be accepted or processed.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 18 - Rate Setting for Department-Managed Foster Homes › Section 18-17 - Review of the child's category of supervision after the initial assessment has been completed

Current through July 10, 2024
Authority: IC  31-25-2-18
Affected: IC  31-25-2-7; IC  31-27-4
Sec. 17.
(a) A foster parent may request a review of the child's category of supervision at a critical case juncture or when the foster parent reasonably believes there is relevant, new, or changed information about the child's supervisory needs that were not adequately addressed in the approved assessment tool or during discussions about the type of placement before the placement occurred. A foster parent may request a review of the child's category of supervision when there are supervisory or behavioral concerns that are not adequately addressed by the approved assessment tool. Any change in the child's category of supervision must coincide with a newly completed approved assessment tool. Whether the child should be reassessed on the approved assessment tool is a decision made at the discretion of the department's local office director or designee, or the chief probation officer or designee.
(b) The foster parent may request review under this section not more than one (1) time in a six (6) month period that the child is in out-of-home placement.
(c) A request by a foster parent for review of the child's category of supervision for reasons outlined in subsection (a) must be submitted timely and in writing to the FCM or probation officer who manages the child's case.
(d) The request for review of the child's category of supervision shall be submitted in the form and manner specified by the department and shall include, but not be limited to, the following items:
(1) Identification of the child's current category of supervision.
(2) A clear, concise statement of the reasons for the requested change.
(3) A detailed statement of related information in support of the change.
An incomplete request for review of the child's category of supervision that does not include at least the items specified in this subsection cannot be accepted or processed.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 3 - ADMINISTRATIVE REVIEWS AND HEARINGS › Rule 1 - Purpose and Definitions › Section 1-1 - Purpose

Current through July 10, 2024
Authority: IC 31-19-26.5-12; IC 31-25-2-18; IC 31-25-4-27; IC
				  31-33-26-13
Affected: IC 6-8.1-9.5-7; IC 31-9-2-17.8; IC 31-16-15-4.3; IC
				  31-19-26.5; IC 31-25-2-7; IC 31-25-4; IC 31-27; IC 31-33-26-9
Sec. 1.
The purpose of this article is to establish procedures for
				  the following:
(1) Administrative
				review by the department before an administrative hearing is available or
				conducted, concerning certain department actions or decisions described in 465
				IAC 3-2.
(2) Administrative
				hearings concerning certain department actions or decisions described in 465
				IAC 3-3.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 3 - ADMINISTRATIVE REVIEWS AND HEARINGS › Rule 1 - Purpose and Definitions › Section 1-2 - Definitions

Current through July 10, 2024
Authority: IC
				  31-19-26.5-12;
				  IC
				  31-25-2-18; IC
				  31-25-4-27;
				  IC
				  31-33-26-13
Affected: IC
				  6-8.1-9.5-7;
				  IC 31-9-2; IC
				  31-16-15-4.3;
				  IC 31-19-26.5; IC
				  31-25-2-7; IC
				  31-25-4; IC 31-27; IC 31-33-26
Sec. 2.
The definitions in IC 31-9-2 and the definitions in this rule
				  apply throughout this article.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 3 - ADMINISTRATIVE REVIEWS AND HEARINGS › Rule 1 - Purpose and Definitions › Section 1-3 - "Administrative law judge" or "ALJ" defined

Current through July 10, 2024
Authority: IC
				  31-19-26.5-12;
				  IC
				  31-25-2-18; IC
				  31-25-4-27;
				  IC
				  31-33-26-13
Affected: IC
				  6-8.1-9.5-7;
				  IC
				  31-9-2-17.8;
				  IC
				  31-16-15-4.3;
				  IC 31-19-26.5; IC
				  31-25-2-7; IC
				  31-25-4; IC 31-27; IC 31-33-26
Sec. 3.
"Administrative law judge" or "ALJ" means an individual who
				  is:
(1) an attorney in good standing
				who is admitted to practice law in Indiana under the rules of the Indiana
				supreme court; and
(2) appointed by
				the director of the department or the director's designee to conduct
				administrative hearings under this article, regarding the subject or subjects
				specified in the appointment.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 3 - ADMINISTRATIVE REVIEWS AND HEARINGS › Rule 1 - Purpose and Definitions › Section 1-4 - "Appellant" defined

Current through July 10, 2024
Authority: IC
				  31-19-26.5-12;
				  IC
				  31-25-2-18; IC
				  31-25-4-27;
				  IC
				  31-33-26-13
Affected: IC
				  6-8.1-9.5-7;
				  IC
				  31-9-2-17.8;
				  IC
				  31-16-15-4.3;
				  IC 31-19-26.5; IC
				  31-25-2-7; IC
				  31-25-4; IC 31-27; IC 31-33-26
Sec. 4.
"Appellant" means the person that requested an administrative
				  review or administrative hearing under any provision of this
				  article.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 3 - ADMINISTRATIVE REVIEWS AND HEARINGS › Rule 1 - Purpose and Definitions › Section 1-5 - "Child care worker" defined

Current through July 10, 2024
Authority: IC
				  31-33-26-13
Affected: IC 31-9-2; IC 31-33-26
Sec. 5.
"Child care worker" means a person who:
(1) is employed or actively seeking
				employment, other than self-employment as an owner, with an agency, facility,
				or home described in IC
				31-9-2-31(b)(2);
(2) is a child caregiver, as defined in IC
				31-9-2-16.4;
				or
(3) has or will have direct
				contact with children, on a regular and continuing basis, through current
				employment or employment that the person is actively seeking, with any agency,
				facility, or home that provides:
(A) child
				care, as defined in IC
				31-9-2-16.3;
				or
(B) services to, or for the
				benefit of, children who are victims of child abuse or neglect, as defined in
				IC
				31-9-2-133;
				for a child or children to whom the person is not related, as defined in IC
				31-9-2-106.5
[IC
				31-9-2-106.5 was
				repealed by P.L.
				123-2014,
				SECTION
				3, effective July 1,
				2014.]
.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 3 - ADMINISTRATIVE REVIEWS AND HEARINGS › Rule 1 - Purpose and Definitions › Section 1-6 - "Child protection index" defined

Current through July 10, 2024
Authority: IC
				  31-33-26-13
Affected: IC
				  31-33-26-2
Sec. 6.
"Child protection index" has the meaning set forth in IC
				  31-33-26-2.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 3 - ADMINISTRATIVE REVIEWS AND HEARINGS › Rule 1 - Purpose and Definitions › Section 1-7 - "Department" defined

Current through July 10, 2024
Authority: IC
				  31-19-26.5-12;
				  IC
				  31-25-2-7; IC
				  31-25-2-18; IC
				  31-27; IC
				  31-33-26-13
Affected: IC 31-19-26.5; IC
				  31-25-2-1;
				  IC
				  31-25-3-1;
				  IC 31-33-26
Sec. 7.
"Department" means the department of child services
				  established under IC
				  31-25-2-1
				  and includes the following:
(1) The
				central office and any local office of the department.
(2) The child support bureau established
				under IC
				31-25-3-1.