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 2-21 - Eligibility of guardian

Current through July 10, 2024
Authority: IC
				  31-25-2-18
Affected: IC 11-8-8; IC 29-3; IC 31-9-2; IC 31-25-2-7; IC
				  31-25-2-8; IC 31-27-4; IC 31-33-8-12; IC 31-34-21; IC 31-37 19-1; IC
				  31-37-20-2
Sec. 21.
(a) Except
				as provided in subsection (b), a guardian who meets all the following criteria
				shall be eligible to receive assistance on behalf of a child who is eligible
				for assistance under section 20 of this rule:
(1) The guardian must be a relative of the
				child, as defined in IC 31-9-2-107(c), who is not the child's parent.
(2) The guardian must reside in a home that
				is licensed as a foster family home under IC 31-27-4, or a comparable law of
				the state in which the home is located.
(3) For purposes of eligibility as a relative
				under IC 31-9-2-107(c)(12), the guardian must be an individual who:
(A) was a de facto custodian for the child
				(as defined in IC 31-9-2-35.5) for a period of time before the child became a
				ward of the department; or
(B) has
				been approved as a relative of the child, for purposes of receiving
				guardianship assistance as provided in this rule, by:
(i) the department, in a report submitted to
				the court for purposes of a permanency hearing under IC 31-34-21-7 or IC
				31-37-19-1, or a periodic review hearing under IC 31-34-21-2 or IC 31-37-20-2,
				that is held subsequent to approval of a permanency plan for legal guardianship
				of the child; and
(ii) the court,
				in an order entered following the permanency hearing or periodic review hearing
				at which the report was submitted and considered.
(4) The guardian, upon
				establishment of a legal guardianship under IC 29-3, or comparable law of the
				state where the guardian resides, must be legally responsible for providing
				care, support, maintenance, education, and supervision, including financial
				support as provided in IC 29-3-8-9(f), as necessary or appropriate to meet the
				needs and promote the welfare of the child.
(5) The guardian must meet each of the
				following criteria, as shown by a home study or evaluation of the guardian and
				child prepared or approved by the department:
(A) Have the current and projected continuing
				ability, through resources available to the guardian as supplemented by any
				assistance provided under this rule, to provide for the child's physical,
				mental, emotional, educational, and psychological needs, upon termination of
				supervision of the child by the department.
(B) Have the continuing ability, willingness,
				and motivation to access and obtain appropriate services outside the home that:
(i) are necessary or appropriate for the
				health, education, development, and well-being of the child; and
(ii) will assist the child in becoming a
				self-supporting adult to the maximum extent feasible.
(C) Have established a nurturing, stable
				relationship with the child in which the child indicates a desire to continue a
				family relationship and residence with the guardian in the guardian's
				household.
(D) Have demonstrated
				the ability to determine and regulate an appropriate level of relationship and
				ongoing contacts with any parent or other relative of the child, consistent
				with the safety and best interests of the child, and in conformity with any
				plan of visitation ordered or approved by the court in:
(i) the child in need of services or
				delinquency proceeding; or
(ii) any
				other court proceeding relating to continuing custody of, or visitation with,
				the child.
(6) Each guardian, and every member of the
				guardian's household who is at least fourteen (14) years of age, must
				successfully complete a criminal history check (as defined in IC 31-9-2-22.5),
				and a check of any and all applicable sex or violent offender registries (as
				described in IC 11-8-8), in the time and manner as specified by the
				department.
(7) Guardianship
				assistance is not available if the criminal history check reveals that a
				guardian or household member:
(A) has ever
				been convicted of a felony as enumerated in
				42 U.S.C.
				671(a)(20)(A) involving:
(i) child abuse or neglect;
(ii) spousal abuse (domestic
				battery);
(iii) a crime against a
				child (including child pornography); or
(iv) a crime involving violence, including
				rape, sexual assault, or homicide, but not including other physical assault or
				battery;
(B) has been
				convicted, within five (5) years before the date the check is conducted, of a
				felony based on:
(i) physical assault or
				battery against an adult; or
(ii) a
				drug related or alcohol related offense;
(C) has been convicted of a felony that would
				prohibit the court from granting a petition for guardianship by the guardian or
				household member, as described in IC 29-3-7-7;
(D) is a sex or violent offender, or a
				sexually violent predator, for whom the court is prohibited from granting a
				petition for guardianship pursuant to IC 29-3-7-7;
(E) has ever been convicted of a misdemeanor
				relating to the health or safety of a child; or
(F) has a record of any of the following,
				unless the department approves a waiver request as provided in subdivision (8):
(i) Any felony conviction.
(ii) Four (4) or more misdemeanor
				convictions.
(iii) A juvenile
				adjudication for an act that, if committed by an adult, would be a felony
				described in IC 29-3-7-7.
(iv) A
				substantiated determination of child abuse or neglect under IC 31-33-8-12, or
				comparable law in any other state.
(8) A guardian may request a waiver of any
				record based on the results of a criminal history check conducted under IC
				31-9-2 22.5, applicable to the guardian or any household member, that is
				described in subdivision (7)(F). A waiver may be requested, considered, and
				granted or denied, under the procedure and criteria specified in the applicable
				department policy relating to evaluating background checks for guardianships.
				If a waiver request is granted, the department will not deny guardianship
				assistance eligibility based solely on the existence of a record described in
				subdivision (7)(F).
(9) The
				eligible child must consent in writing to establishment of a legal guardianship
				for the child and placement with the selected guardian, if the child is:
(A) at least sixteen (16) years of age;
				and
(B) competent, as determined by
				the department, to provide informed consent to the placement and terms of the
				guardianship assistance agreement.
(10) The eligible child who is at least
				thirteen (13) years of age must be consulted concerning the proposed
				guardianship and the selected guardian.