reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 4 - INDIANA ADOPTION ASSISTANCE AND GUARDIANSHIP ASSISTANCE PROGRAMS › Rule 1 - Title IV-E Adoption Assistance and State Adoption Subsidies › Section 1-18 - "State adoption subsidy agreement" or "SAS agreement" defined

Current through July 10, 2024
Authority: IC
				  31-19-26.5-12;
				  IC
				  31-25-2-18
Affected: IC
				  31-19-26.5-7
Sec. 18.
"State adoption subsidy agreement" or "SAS agreement" means
				  an adoption assistance agreement that may include any of the following:
(1) Periodic payments of a state adoption
				subsidy on behalf of the child, as provided in IC 31-19-26.5 and section 24 of
				this rule.
(2) Eligibility for
				Medicaid, as provided in IC
				31-19-26.5-7
				and section 23(3) of this rule.
(3)
				Payment of nonrecurring adoption expenses as specified in section 21(4) of this
				rule.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 4 - INDIANA ADOPTION ASSISTANCE AND GUARDIANSHIP ASSISTANCE PROGRAMS › Rule 1 - Title IV-E Adoption Assistance and State Adoption Subsidies › Section 1-19 - "Title IV-E adoption assistance agreement" defined

Current through July 10, 2024
Authority: IC
				  31-19-26.5-12;
				  IC
				  31-25-2-18
Affected: IC
				  31-9-2-17.8;
				  IC
				  31-25-2-7
Sec. 19.
"Title IV-E adoption assistance agreement" means an adoption
				  assistance agreement entered into by the adoptive parents and the department
				  that may include any of the following:
(1) Periodic payment of Title IV-E adoption
				assistance on behalf of the child, as provided in
				42 U.S.C.
				673 and section 24(1) of this rule.
(2) Eligibility for Medicaid, as provided in
				42 U.S.C.
				673(b)(1), 42 U.S.C.
				1396a(a)(10)(A)(i)(I), and section 23(3) of this rule.
(3) Payment of nonrecurring adoption expenses
				as specified in section 21(4) of this rule.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 4 - INDIANA ADOPTION ASSISTANCE AND GUARDIANSHIP ASSISTANCE PROGRAMS › Rule 1 - Title IV-E Adoption Assistance and State Adoption Subsidies › Section 1-20 - "Ward" defined

Current through July 10, 2024
Authority: IC
				  31-19-26.5-12;
				  IC
				  31-25-2-18
Affected: IC
				  31-9-2-134.5;
				  IC 31-19-26.5; IC 31-34
Sec. 20.
"Ward" means a child:
(1) who is a subject of an open child in need
				of services case as set forth in IC 31-34; and
(2) for whom the department has wardship, as
				defined in IC
				31-9-2-134.5,
				under an order entered by a juvenile court.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 4 - INDIANA ADOPTION ASSISTANCE AND GUARDIANSHIP ASSISTANCE PROGRAMS › Rule 1 - Title IV-E Adoption Assistance and State Adoption Subsidies › Section 1-21 - Types of adoption assistance

Current through July 10, 2024
Authority: IC
				  31-19-26.5-12;
				  IC
				  31-25-2-18
Affected: IC 12-15; IC
				  31-9-2-17.8;
				  IC 31-19-26.5; IC 31-25-2-7
Sec. 21.
Adoption assistance may include any of the following:
(1) Title IV-E adoption assistance program
				(AAP): a periodic payment to an adoptive parent on behalf of an eligible child,
				pursuant to
				42 U.S.C.
				673 and this rule.
(2) State adoption subsidy (SAS): a periodic
				payment to an adoptive parent on behalf of a child eligible for a state
				adoption subsidy pursuant to IC 31-19-26.5 and this rule.
(3) Medicaid: participation in Indiana's
				Title XIX Medicaid program under IC 12-15 and all applicable provisions of 405
				IAC.
(4) Nonrecurring adoption
				expenses (NRAE): subject to the limitation determined under section 24(5) of
				this rule, payment or reimbursement for reasonable and necessary adoption fees,
				court costs, attorney fees, and other expenses that are actually incurred and
				directly related to the adoption of a special needs child, excluding expenses
				that were:
(A) incurred or paid in violation
				of any federal or state law; or
(B)
				reimbursed to the adoptive parent from another source of funds.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 4 - INDIANA ADOPTION ASSISTANCE AND GUARDIANSHIP ASSISTANCE PROGRAMS › Rule 1 - Title IV-E Adoption Assistance and State Adoption Subsidies › Section 1-22 - General eligibility requirements

Current through July 10, 2024
Authority: IC
				  31-19-26.5-12;
				  IC
				  31-25-2-18
Affected: IC 11-8-8; IC 31-9-2-22.5; IC 31-9-2-107; IC
				  31-19-9-8; IC 31-19-11-1; IC 31-19-26.5; IC 31-25-2-7; IC 31-25 2-8; IC
				  31-33-8-12
Sec. 22.
(a) In
				order to qualify for any assistance under the Indiana adoption program, the
				adoptive child and adoptive parents shall meet all of the following general
				eligibility requirements:
(1) The child is a
				ward of the department when the petition for adoption is filed or otherwise
				meets the requirements in
				42 U.S.C.
				673.
(2) The child is a special needs
				child.
(3) The department has
				completed a criminal history check, as defined in IC 31-9-2-22.5, as required
				by
				42 U.S.C.
				671(a)(20).
(4) The adoptive child is either:
(A) a United States citizen; or
(B) a qualified alien, as defined in
				8
				U.S.C. 1641(b), who is not
				ineligible for a federal public benefit under
				8
				U.S.C. 1613.
(5) A Title IV-E adoption assistance
				agreement or state adoption subsidy agreement has been signed by the adoptive
				parent and the department before the final decree of adoption is entered by the
				court. The department will prepare the applicable agreement in a form
				prescribed by the department.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 4 - INDIANA ADOPTION ASSISTANCE AND GUARDIANSHIP ASSISTANCE PROGRAMS › Rule 1 - Title IV-E Adoption Assistance and State Adoption Subsidies › Section 1-23 - Specific eligibility requirements

Current through July 10, 2024
Authority: IC
				  31-19-26.5-12;
				  IC
				  31-25-2-18
Affected: IC
				  31-9-2-17.8;
				  IC 31-19-26.5; IC
				  31-25-2-7
Sec. 23.
In addition to the general eligibility requirements set
				  forth in section 22 of this rule, the following specific eligibility
				  requirements apply to each type of adoption assistance:
(1) An adoptive child is eligible for Title
				IV-E adoption assistance if the department determines that the child meets all
				of the federal Title IV-E adoption assistance program eligibility requirements,
				as set forth in
				42 U.S.C.
				673.
(2) An adoptive child is eligible for state
				adoption subsidy periodic payments if the department determines that the child:
(A) is not eligible for the Title IV-E
				adoption assistance program; and
(B) is a hard to place child.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 4 - INDIANA ADOPTION ASSISTANCE AND GUARDIANSHIP ASSISTANCE PROGRAMS › Rule 1 - Title IV-E Adoption Assistance and State Adoption Subsidies › Section 1-24 - Indiana adoption assistance program periodic payments and benefits; conditions

Current through July 10, 2024
Authority: IC
				  31-19-26.5-12;
				  IC
				  31-25-2-18
Affected: IC
				  31-9-2-17.8;
				  IC 31-19-26.5; IC
				  31-25-2-7
Sec. 24.
The forms of adoption assistance described in section 21 of
				  this rule are subject to the following terms and conditions:
(1) The periodic payment amount under a Title
				IV-E adoption assistance agreement, or state adoption subsidy agreement, shall:
(A) be negotiated between the department and
				the adoptive parent, taking into consideration the circumstances of the
				adoptive parent and the needs of the adoptive child;
(B) not exceed the foster care maintenance
				payment rate that would have been paid on behalf of the child in foster
				care;
(C) be paid to the adoptive
				parents at regular intervals determined by the department;
(D) be subject to increase or decrease during
				the term of the agreement:
(i) by agreement
				between the department and the adoptive parent, due to a change in the child's
				or family's circumstances; or
(ii)
				in the discretion of the department, by a percentage equivalent to the
				percentage of any increase or decrease in the applicable foster care
				maintenance payment rate;
(E) begin under any adoption assistance
				agreement after a copy of the final decree of adoption and the signed adoption
				assistance agreement are submitted to the department; and
(F) be effective as of the date of entry of
				the final decree of adoption.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 4 - INDIANA ADOPTION ASSISTANCE AND GUARDIANSHIP ASSISTANCE PROGRAMS › Rule 1 - Title IV-E Adoption Assistance and State Adoption Subsidies › Section 1-25 - Determinations of eligibility and periodic payment amounts

Current through July 10, 2024
Authority: IC 31-19-26.5-12; IC 31-25-2-18
Affected: IC 31-9-2-17.8; IC 31-19-26.5; IC 31-25-2-7
Sec. 25.
(a) The
				Indiana adoption assistance program application form shall be available on the
				department's website and through the department's local offices.
(b) A completed Indiana adoption program
				application must be submitted to the adoptive child's family case manager, or
				directly to the department if the child does not have a family case manager, no
				later than ten (10) days after a petition for adoption is filed. If the
				application is incomplete, or the department needs additional information for
				purposes of determining eligibility, the department may request the additional
				information and set a time deadline for its submission.
(c) Not later than forty-five (45) days after
				receipt of a complete application, the department will review the application,
				determine eligibility, and issue a final adoption program eligibility
				determination.
(d) If the
				application is approved, a department attorney will represent the department to
				negotiate the adoption assistance periodic payment amount with the adoptive
				parent and adoptive parent's attorney, if applicable, in accordance with
				guidelines and procedures established by department policy.
(e) If the department determines that
				negotiations concerning the adoption assistance periodic payment amount have
				been concluded without agreement between the adoptive parent and the
				department, the department will send to the adoptive parent, or the adoptive
				parent's attorney, a final offer letter stating the amount that the department
				will agree to pay for periodic payments.
(f) Upon receipt of the department's final
				offer letter, the adoptive parent may do the following:
(1) Sign and return to the department the
				adoption assistance agreement, or amendment to a previously signed agreement
				containing the periodic payment amount, specifying the amount the department
				has agreed to pay, subject to the right of administrative review and appeal of
				the periodic payment amount as provided in
				465
				IAC 3-2-5 and
				465 IAC
				3-3-3.
(2)
				Submit a request for administrative review of the periodic payment amount,
				within the time and in the manner provided in
				465
				IAC 3-2-5.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 4 - INDIANA ADOPTION ASSISTANCE AND GUARDIANSHIP ASSISTANCE PROGRAMS › Rule 1 - Title IV-E Adoption Assistance and State Adoption Subsidies › Section 1-26 - Funding priorities

Current through July 10, 2024
Authority: IC
				  31-19-26.5-12;
				  IC
				  31-25-2-18
Affected: IC
				  31-9-2-17.8;
				  IC 31-19-26.5; IC
				  31-25-2-7
Sec. 26.
(a) The
				funds available to the department to pay for Title IV-E adoption assistance,
				state adoption subsidies, and nonrecurring adoption expenses shall be
				determined periodically on the basis of amounts:
(1) appropriated by statute for adoption
				assistance payments; or
(2) placed
				in the adoption assistance account.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 4 - INDIANA ADOPTION ASSISTANCE AND GUARDIANSHIP ASSISTANCE PROGRAMS › Rule 1 - Title IV-E Adoption Assistance and State Adoption Subsidies › Section 1-27 - Periodic reports

Current through July 10, 2024
Authority: IC
				  31-19-26.5-12;
				  IC
				  31-25-2-18
Affected: IC
				  31-9-2-17.8;
				  IC 31-19-26.5; IC
				  31-25-2-7
Sec. 27.
(a) All
				adoptive parents who have entered into adoption assistance agreements with the
				department shall submit a fully completed adoption program status report at
				times and in the form required by the department.
(b) If the adoptive parent:
(1) fails timely to submit a completed
				adoption 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 adoptive
				  child, adoptive parent, and family situation to determine whether a reportable
				  event or other change in circumstances has occurred that may require
				  modification or suspension of periodic payments, or termination of the
				  agreement.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 4 - INDIANA ADOPTION ASSISTANCE AND GUARDIANSHIP ASSISTANCE PROGRAMS › Rule 1 - Title IV-E Adoption Assistance and State Adoption Subsidies › Section 1-28 - Reportable events

Current through July 10, 2024
Authority: IC
				  31-19-26.5-12;
				  IC
				  31-25-2-18
Affected: IC
				  5-9-4-1;
				  IC
				  31-9-2-17.8;
				  IC 31-19-26.5; IC
				  31-25-2-7
Sec. 28.
(a) All
				adoptive parents who have entered into adoption assistance agreements with the
				department shall notify the department in writing, within ten (10) days of the
				occurrence, of any event that is a change in the circumstances of the adoptive
				child or family that could affect either continuing eligibility or the amount
				of periodic payments as provided in the agreement.
(b) In the event the adoptive parent is
				unavailable or otherwise fails to provide the notice required under this
				section, a person acting on behalf of the adoptive parent may submit to the
				department the required notice of a reportable event.
(c) A reportable event includes, but is not
				limited to:
(1) an adoptive parent moves to a
				new residence;
(2) the adoptive
				child:
(A) moves out of the home of the
				adoptive parent;
(B) is placed
				outside the adoptive parent'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
				adoptive parent is no longer legally responsible for care, supervision, or
				support of the child;
(4) another
				person or agency is supporting the adoptive child in whole or in
				part;
(5) the adoptive child or an
				adoptive parent dies; or
(6) if the
				adoption decree was entered after the adoptive child's sixteenth birthday, and
				periodic payments are being made after the adoptive child's eighteenth
				birthday, the adoptive 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 1 - Title IV-E Adoption Assistance and State Adoption Subsidies › Section 1-29 - Suspension of payments under adoption assistance agreements

Current through July 10, 2024
Authority: IC
				  31-19-26.5-12;
				  IC
				  31-25-2-18
Affected: IC 31-19-26.5; IC 31-34; IC 31-37; IC
				  31-40-1-5
Sec. 29.
(a) The
				department may suspend payments under a state adoption subsidy agreement, if:
(1) the department has not received the
				required status report under section 27 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 adoption 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 1 - Title IV-E Adoption Assistance and State Adoption Subsidies › Section 1-30 - Termination of adoption assistance agreements

Current through July 10, 2024
Authority: IC
				  31-19-26.5-12;
				  IC
				  31-25-2-18
Affected: IC
				  5-9-4-1;
				  IC
				  31-9-2-17.8;
				  IC 31-19-26.5; IC
				  31-25-2-7; IC
				  31-35
Sec. 30.
(a) Unless
				the agreement is continued pursuant to section 32 of this rule, an adoption
				assistance agreement shall terminate effective on the date the adoptive child
				has attained eighteen (18) years of age.
(b) An adoption assistance agreement shall
				terminate upon the occurrence of any of the following events:
(1) The adoptive child becomes
				emancipated.
(2) The adoptive child
				commences active duty in the United States armed services or the national
				guard, as specified in IC
				5-9-4-1(a)(2).
(3) The adoptive parent is no longer legally
				responsible for the care, supervision, or support of the adoptive
				child.
(4) The adoptive child
				dies.
(5) Each adoptive parent of
				the child has died.
(6) The
				adoptive child's adoption is terminated.
(7) The parent-child relationship between the
				adoptive child and each adoptive parent is terminated under IC 31-35, or
				comparable law in another state.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 4 - INDIANA ADOPTION ASSISTANCE AND GUARDIANSHIP ASSISTANCE PROGRAMS › Rule 1 - Title IV-E Adoption Assistance and State Adoption Subsidies › Section 1-31 - Modification of adoption assistance agreements

Current through July 10, 2024
Authority: IC
				  31-19-26.5-12;
				  IC
				  31-25-2-18
Affected: IC
				  31-9-2-17.8;
				  IC 31-19-26.5; IC
				  31-25-2-7
Sec. 31.
(a) An
				adoptive parent may, during the term of an adoption assistance 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 adoptive parent, or any
				other source, additional information that may be relevant to consideration of
				the modification request. The department will advise the adoptive parent 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 adoption
				assistance agreement before approval of the modification, or, if applicable,
				the reduced amount determined under section 24(2) of this rule. A temporary
				modification under this subsection may be extended by request of the adoptive
				parent and agreement of the department.
(f) An approved modification under this
				section must be reflected in a written amendment to the adoption assistance
				agreement.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 4 - INDIANA ADOPTION ASSISTANCE AND GUARDIANSHIP ASSISTANCE PROGRAMS › Rule 1 - Title IV-E Adoption Assistance and State Adoption Subsidies › Section 1-32 - Continuation of adoption assistance agreements beyond age 18

Current through July 10, 2024
Authority: IC
				  31-19-26.5-12;
				  IC
				  31-25-2-18
Affected: IC
				  20-18-2-18;
				  IC
				  21-17-6-1;
				  IC
				  31-9-2-17.8;
				  IC
				  31-19-26.5-9;
				  IC
				  31-25-2-7
Sec. 32.
(a)
				Adoption assistance will not be continued beyond the date on which the adoptive
				child becomes eighteen (18) years of age, unless continuation of adoption
				assistance has been approved by the department, or by court order based on an
				agreement entered into before January 1, 2009, for payment of a subsidy under
				IC 31-19-26 (repealed).
(b) The
				department may continue adoption assistance under an adoption assistance
				agreement for an adoptive child who has attained eighteen (18) years of age, if
				the department determines, based on applicable department policy and
				guidelines, that the child has a mental or physical disability that warrants
				the continuation of assistance. The application for continuation under this
				subsection must include documentation from a medical doctor, psychiatrist, or
				psychologist licensed in the state of Indiana or in the state of residence of
				the adoptive child indicating a mental or physical disability that is expected
				to require continuous or long term treatment and limits the child's ability to
				be self-supporting.
(c) The
				department may continue payment of state adoption subsidy under a state
				adoption subsidy agreement, for an adoptive child who has attained eighteen
				(18) years of age, if the department determines, based on applicable department
				policy and guidelines, that:
(1) the child is
				or will be enrolled in and attending:
(A) an
				accredited secondary school (as defined in IC
				20-18-2-18)
				for purposes of completing graduation requirements of the school;
(B) a postsecondary educational institution
				described in IC
				21-17-6-1;
				or
(C) a course of career or
				technical education leading to gainful employment; and
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 2-1 - Purpose

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. 1.
The purpose of this rule is to establish the procedures that
				  the department will use to process requests for guardianship assistance under
				  the federal Title IV-E guardianship assistance program (GAP) and state
				  guardianship assistance program (SGAP) as authorized by
				  42 U.S.C.
				  673 and IC
				  31-9-2-17.8,
				  respectively.
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 2-2 - Definitions

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. 2.
The definitions in sections 3 through 18 of this rule apply
				  throughout this rule.
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 2-3 - "Child" defined

Current through July 10, 2024
Authority: IC
				  31-25-2-18
Affected: IC
				  29-3-8-9;
				  IC
				  31-9-2-13; IC
				  31-9-2-17.8
				  IC
				  31-25-2-7; IC
				  31-25-2-8
Sec. 3.
"Child" means a child as defined in IC
				  31-9-2-13(d)
				   who before becoming eighteen (18) years of
				  age:
(1) has been, or is being, made
				the subject of a guardianship to which IC
				29-3-8-9
				applies; and
(2) is the beneficiary
				of a 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 2-4 - "Department" defined

Current through July 10, 2024
Authority: IC
				  31-25-2-18
Affected: IC
				  31-9-2-38.5;
				  IC
				  31-9-2-76.6;
				  IC
				  31-25-1-1;
				  IC 31-25-2
Sec. 4.
"Department" means the department of child services
				  established under IC
				  31-25-1-1,
				  or any local office of 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 2-5 - "Foster care maintenance payment rate" defined

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. 5.
"Foster care maintenance payment rate" means the applicable
				  per diem rate paid by the department for care of a foster child placed by, or
				  with approval of, the department, as determined by the department under
				  465
				  IAC 2-16,
				  465 IAC
				  2-17, or
				  465 IAC
				  2-18.
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 2-6 - "Guardian" defined

Current through July 10, 2024
Authority: IC
				  31-25-2-18
Affected: IC
				  29-3-1-6; IC
				  29-3-8-9;
				  IC
				  31-25-2-7; IC
				  31-25-2-8
Sec. 6.
"Guardian" means an individual described in IC
				  29-3-1-6
				  who:
(1) has been either:
(A) appointed and is acting as guardian for a
				child, subject to the provisions of IC
				29-3-8-9;
				or
(B) identified and approved as a
				prospective guardian eligible to receive guardianship assistance under this
				rule on behalf of an eligible child; and
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 2-7 - "Guardianship assistance" defined

Current through July 10, 2024
Authority: IC
				  31-25-2-18
Affected: IC
				  31-25-2-7; IC
				  31-25-2-8
Sec. 7.
"Guardianship assistance" means payments made or benefits
				  provided by the department to the guardian, as specified in section 19 of this
				  rule, pursuant to a 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 2-8 - "Guardianship assistance agreement" defined

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. 8.
"Guardianship assistance agreement" means a written
				  agreement between the department and a guardian regarding guardianship
				  assistance, including a Title IV-E guardianship assistance agreement or a state
				  guardianship assistance agreement entered into pursuant to IC
				  31-9-2-17.8.
				  The agreement shall include:
(1) the
				amount of any payments that the department will make to the guardian, and the
				manner in which those payments will be made;
(2) a provision that the agreement shall
				remain in effect regardless of the state in which the guardian resides at any
				given time;
(3) any applicable
				terms and conditions relating to continuation, termination, suspension, or
				future changes in the terms or amount of any payments provided under the
				agreement;
(4) the manner in which
				the payment amount may be adjusted periodically, in consultation with the
				guardian, based on the circumstances of the guardian and needs of the child;
				and
(5) any additional services and
				assistance for which the child and guardian will be eligible, and the procedure
				by which the guardian may apply for additional services as needed.
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 2-9 - "Guardianship assistance periodic payment amount" defined

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. 9.
"Guardianship assistance periodic payment amount" means the
				  amount or payment rate specified in a guardianship assistance agreement for the
				  benefit of a child who is the subject of the guardianship, other than
				  nonrecurring guardianship expenses described in section 19(4) of this rule.
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 2-10 - "Nonrecurring guardianship expenses" or "NRE" defined

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. 10.
"Nonrecurring guardianship expenses" or "NRE" means a
				  portion of a guardianship assistance agreement that provides for payment or
				  reimbursement for reasonable and necessary guardianship fees, court costs,
				  attorney fees, and other expenses that are directly related to the creation of
				  a guardianship of a child as provided in
				  42 U.S.C.
				  673(d)(1)(B)(iv) and section
				  19(4) of this rule.
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 2-11 - "Permanency plan" defined

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
				  31-34-21-7; IC
				  31-34-21-7.5;
				  IC
				  31-37-19-1
Sec. 11.
"Permanency plan" means a plan described in IC
				  31-34-21-7.5
				  for a child who is a child in need of services or adjudicated as delinquent
				  that has been approved by a juvenile court pursuant to IC
				  31-34-21-7 or
				  IC
				  31-37-19-1.
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 2-12 - "Relative" defined

Current through July 10, 2024
Authority: IC
				  31-25-2-18
Affected: IC
				  31-9-2-17.8;
				  IC
				  31-9-2-88;
				  IC
				  31-9-2-107;
				  IC
				  31-25-2-7; IC
				  31-25-2-8
Sec. 12.
"Relative" means a person, other than a parent (as defined
				  in IC
				  31-9-2-88)
				  , who has a relationship to a child described in IC
				  31-9-2-107(c).
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 2-13 - "Sibling group" defined

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. 13.
"Sibling group" means a group of two (2) or more children
				  that includes at least one (1) child who is at least thirteen (13) years of age
				  or is otherwise eligible for guardianship assistance under this rule,
				  and:
(1) are children of the same
				parent;
(2) are or will be residing
				with the same guardian who is subject to IC
				29-3-8-9;
				and
(3) are residing or will reside
				in the same home.
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 2-14 - "State" defined

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. 14.
"State" means any state of the United States, the
				  Commonwealth of Puerto Rico, the District of Columbia, the United States Virgin
				  Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana
				  Islands, or any territory or possession of the United States.
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 2-15 - "State guardianship assistance" defined

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. 15.
"State guardianship assistance" means payments that are or
				  may be made by the department pursuant to IC 31-9-217.8:
(1) to a guardian who is subject to IC
				29-3-8-9; and
(2) on behalf of a
				child who is not eligible for Title IV-E guardianship assistance under
				42 U.S.C.
				673(d)(3).
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 2-16 - "State guardianship assistance agreement" defined

Current through July 10, 2024
Authority: IC
				  31-25-2-18
Affected: IC 29-3-8; IC
				  31-9-2-17.8;
				  IC
				  31-25-2-7; IC
				  31-25-2-8
Sec. 16.
"State guardianship assistance agreement" means a
				  guardianship assistance agreement that may include any of the following:
(1) Periodic payments of state guardianship
				assistance on behalf of the child, as provided in IC
				31-9-2-17.8
				and section 19(2) of this rule.
(2)
				Payment of nonrecurring expenses as specified in section 19(4) of this
				rule.
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 2-17 - "Title IV-E guardianship assistance agreement" defined

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. 17.
"Title IV-E guardianship assistance agreement" means a
				  guardianship assistance agreement that may include any of the following:
(1) Periodic payment of Title IV-E
				guardianship assistance on behalf of the child, as provided in
				42 U.S.C.
				673(d) and section 19(1) of
				this rule.
(2) Eligibility for
				Medicaid, as provided in
				42 U.S.C.
				673(b)(1), 42 U.S.C.
				1396a(a)(10)(A)(i)(I), and section 19(3) of this rule.
(3) Payment of nonrecurring expenses as
				specified in section 19(4) of this rule.
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 2-18 - "Ward" defined

Current through July 10, 2024
Authority: IC
				  31-25-2-18
Affected: IC
				  31-9-2-134.5;
				  IC
				  31-25-2-7; IC
				  31-25-2-8;
				  IC 31-34
Sec. 18.
"Ward" means a child:
(1) who is a subject of an open child in need
				of services case as set forth in IC 31-34; and
(2) for whom the department has wardship, as
				defined in IC
				31-9-2-134.5,
				under an order entered by a juvenile court.
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 2-19 - Types of guardianship assistance

Current through July 10, 2024
Authority: IC
				  31-25-2-18
Affected: IC 12-15; IC 12-17.6; IC
				  29-3-8-9;
				  IC 31-9-2-17.8; IC 31-25-2-7; IC 31-25-2-8; IC 31-34-21-7.5
Sec. 19.
Guardianship assistance may include any of the
				  following:
(1) Title IV-E guardianship
				assistance program (GAP): a periodic payment to a guardian on behalf of an
				eligible child, pursuant to
				42 U.S.C.
				673(d) and this
				rule.
(2) State guardianship
				assistance program (SGAP): a periodic payment to a guardian on behalf of a
				child eligible for a guardianship subsidy pursuant to IC
				31-9-2-17.8
				and this rule.
(3) Health
				insurance: subject to determination of eligibility as provided in section 24(c)
				of this rule, participation in:
(A) Indiana's
				Title XIX Medicaid program under IC 12-15 and all applicable provisions of 405
				IAC; or
(B) the children's health
				insurance program (CHIP) under IC 12-17.6.
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 2-20 - Eligibility of child

Current through July 10, 2024
Authority: IC
				  31-25-2-18
Affected: IC
				  29-3-8-9;
				  IC
				  31-9-2-17.8;
				  IC
				  31-9-2-46.9;
				  IC
				  31-25-2-7; IC
				  31-25-2-8;
				  IC 31-34-1; IC
				  31-34-11-2;
				  IC 31-34 20-1; IC
				  31-34-21-7; IC
				  31-34-21-7.5;
				  IC 31-37-1; IC
				  31-37-19-1;
				  IC
				  31-37-19-6.5
Sec. 20.
A child who meets all the following criteria shall be
				  eligible for assistance under this rule:
(1) Except as provided in subdivision (2),
				the child is either:
(A) not less than
				thirteen (13) years of age; or
(B)
				a member of a sibling group at least one (1) of whom is not less than thirteen
				(13) years of age or is otherwise eligible under subdivision (2), if:
(i) both the child and the eligible sibling
				will be placed with the same guardian in the same home; and
(ii) the department has approved the
				placements for both children, in the manner specified by applicable department
				policy.
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 2-22 - Determinations of eligibility and periodic payment amounts

Current through July 10, 2024
Authority: IC 31-25-2-18
Affected: IC 29-3-8; IC 31-9-2-17.8; IC 31-25-2-7; IC
				  31-25-2-8
Sec. 22.
(a) The
				Indiana guardianship program application shall be available on the department's
				website and through each of the department's local offices.
(b) A completed Indiana guardianship
				assistance program application must be submitted to the subject child's family
				case manager or directly to the department if the child does not have a
				currently assigned family case manager, before or within ten (10) days after a
				petition to establish a legal guardianship for the child is filed. If the
				application is incomplete, or if the department needs additional information
				for purposes of determining eligibility, the department may request the
				additional information and set a time deadline for its submission.
(c) Not later than forty-five (45) days after
				receipt of the completed application, the department will review the
				application, determine eligibility, and issue a final guardianship assistance
				program eligibility determination.
(d) If the application is approved, a
				department attorney will represent the department to negotiate the guardianship
				assistance periodic payment amount with the guardian and the guardian's
				attorney, if applicable, in accordance with guidelines and procedures
				established by department policy.
(e) If the department determines that
				negotiations concerning the guardianship assistance periodic payment amount
				have been concluded without agreement between the guardian and the department,
				the department will send to the guardian, or the guardian's attorney, a final
				offer letter stating the amount that the department will agree to pay for
				periodic payments.
(f) Upon receipt
				of the department's final offer letter, the guardian may do the following:
(1) Sign and return to the department the
				guardianship assistance agreement, or amendment to a previously signed
				agreement containing the periodic payment amount, specifying the amount the
				department has agreed to pay, subject to the right of administrative review and
				appeal of the periodic payment amount as provided in
				465
				IAC 3-2-5 and
				465 IAC
				3-3-3.
(2)
				Submit a request for administrative review of the periodic payment amount,
				within the time and in the manner provided in
				465
				IAC 3-2-5.
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 2-23 - Guardianship assistance payments and benefits; conditions

Current through July 10, 2024
Authority: IC
				  31-25-2-18
Affected: IC 29-3-5; IC
				  29-3-8-9;
				  IC
				  31-9-2-17.8;
				  IC
				  31-25-2-7; IC
				  31-25-2-8;
				  IC
				  31-34-21-7.5;
				  IC
				  31-34-21-11
Sec. 23.
The forms of guardianship assistance described in section 19
				  of this rule are subject to the following terms and conditions:
(1) The periodic payment amount under a Title
				IV-E guardianship assistance agreement, or state guardianship assistance
				agreement, shall:
(A) be negotiated between
				the department and the guardian, taking into consideration the circumstances of
				the guardian and the needs of the child;
(B) be for an amount that is more than zero
				dollars ($0) but does not exceed the foster care maintenance payment rate that
				would have been paid on behalf of the child in foster care;
(C) be paid to the guardian at regular
				intervals determined by the department;
(D) be subject to increase or decrease during
				the term of the agreement:
(i) by agreement
				between the department and the guardian, due to a change in the child's or
				family's circumstances; or
(ii) in
				the discretion of the department, by a percentage equivalent to the percentage
				of any increase or decrease in the applicable foster care maintenance payment
				rates;
(E) begin under
				any guardianship assistance agreement after a copy of the final order creating
				the guardianship and the signed guardianship assistance agreement are submitted
				to the department; and
(F) be
				effective as of the date of entry of the order creating the guardianship
				containing the provisions required in IC
				29-3-8-9(f).
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 2-24 - Medical insurance coverage for child

Current through July 10, 2024
Authority: IC
				  31-25-2-18
Affected: IC
				  12-15-2-14;
				  IC 12-17.6-3; IC
				  12-17.6-4-2;
				  IC
				  31-9-2-17.8;
				  IC
				  31-25-2-7; IC
				  31-25-2-8
Sec. 24.
(a) This
				section applies if the child is not eligible for guardianship assistance under
				a Title IV-E guardianship assistance agreement.
(b) The guardian shall apply on behalf of the
				child for continuation of any medical insurance or assistance for which the
				child is eligible under IC
				12-15-2-14,
				IC 12-17.6-3, or any other applicable law that provides financial assistance
				for medical or health care expenses.
(c) Eligibility of the child for Medicaid or
				the children's health insurance program (CHIP) while a resident of Indiana
				shall be determined by the family and social services administration, division
				of family resources.
(d) If the
				child is not eligible for:
(1) medical
				insurance or assistance provided through the Indiana Medicaid program or CHIP;
				or
(2) the Medicaid or other state
				health insurance program available in the state where the child is residing
				with the eligible guardian;
the guardian shall obtain private health insurance coverage
				  for the child that provides benefits substantially equivalent to the benefits
				  that would be provided under IC
				  12-17.6-4-2
				  if the child were eligible for coverage under IC 12-17.6-3.
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 2-25 - Other assistance

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. 25.
The department may provide to the guardian, at the time the
				  guardianship assistance agreement is approved, information concerning resources
				  that may be available to the guardian or child through the department or other
				  community agencies, to assist the guardian in providing for the child's
				  physical, mental, psychological, educational, and other needs appropriate to
				  the child's development and transition to adult status and independent
				  living.
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 2-26 - Child care and supervision

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. 26.
The department will not be responsible for monitoring the
				  guardian's care and supervision of the child during the time the guardianship
				  assistance agreement is in effect, or for providing any services to the child,
				  except as provided in this rule or in the guardianship assistance agreement.