reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 14 - Transitional Services Plans for Independent Living › Section 14-14 - Voluntary transition services

Current through July 10, 2024
Authority: IC
				  31-25-2-18; IC
				  31-25-2-21
Affected: IC
				  31-25-2-7; IC 31-34; IC
				  31-37
Sec. 14.
(a) This
				section applies to a youth who is:
(1) not an
				eligible youth; and
(2) eligible
				for voluntary transition services under subsection (b).
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 14 - Transitional Services Plans for Independent Living › Section 14-15 - Other successful adulthood services

Current through July 10, 2024
Authority: IC
				  31-25-2-18
Affected: IC
				  31-25-2-7
Sec. 15.
(a) This
				rule shall not be construed to limit or otherwise affect eligibility of
				children or youth for voluntary successful adulthood services provided by or
				through the department, for which funds are available under the Chafee Foster
				Care Independence Program,
				42
				U.S.C. 677, or any other available funding
				source, apart from a transitional services plan or voluntary transition
				services agreement as provided in this rule.
(b) The department may specify additional
				procedures and standards for successful adulthood services by adoption of
				policies and service standards that are posted on the department's website and
				that are not inconsistent with any applicable federal or state statutes,
				regulations, or provisions of this rule.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 15.1 - Collaborative Care › Section 15.1-1 - Applicability

Current through July 10, 2024
Authority: IC
				  31-28-5.8-9
Affected: IC 31-28-5.8
Sec. 1.
The definitions in sections 2 through 10 of this rule apply
				  throughout this rule.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 15.1 - Collaborative Care › Section 15.1-2 - "Collaborative care placement" defined

Current through July 10, 2024
Authority: IC
				  31-28-5.8-9
Affected: IC
				  31-9-2-71;
				  IC
				  31-9-2-114;
				  IC 31-28-5.8
Sec. 2.
(a)
				"Collaborative care placement" means the placement of an older youth eligible
				under this rule, and includes, but is not limited to:
(1) foster care;
(2) a host home under an agreement with the
				older youth approved by the department;
(3) a supervised independent living
				arrangement approved by the department; regardless of whether payment for the
				placement is or has been made by the department or any other person or agency.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 15.1 - Collaborative Care › Section 15.1-3 - "Department" or "DCS" defined

Current through July 10, 2024
Authority: IC
				  31-28-5.8-9
Affected: IC 31-25-1; IC 31-28-5.8
Sec. 3.
"Department" or "DCS" means the department of child services
				  established under IC 31-25-1, or a local office of the
				  department.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 15.1 - Collaborative Care › Section 15.1-4 - "Foster care" defined

Current through July 10, 2024
Authority: IC
				  31-28-5.8-9
Affected: IC
				  31-9-2-71;
				  IC
				  31-9-2-114;
				  IC 31-27; IC 31-28-5.8
Sec. 4.
(a) "Foster
				care" means residential care and supervision of an individual who is less than
				twenty-one (21) years of age, in any of the following categories of homes or
				facilities:
(1) A foster family home licensed
				under IC 31-27-4 or applicable law of the state in which the home is
				located.
(2) The home of a relative
				of the individual, who is not the individual's parent, if the:
(A) home is not required to be licensed under
				IC 31-27-4 or applicable law of the state in which the home is located;
				and
(B) relative is primarily
				responsible for support and maintenance of the home.
(3) A child caring institution licensed under
				IC 31-27-3 or applicable law of the state in which the institution is
				located.
(4) A group home licensed
				under IC 31-27-5 or applicable law of the state in which the home is
				located.
(5) A transitional living
				placement.
(6) An out-of-home
				placement pursuant to an Indiana court order.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 15.1 - Collaborative Care › Section 15.1-5 - "Foster family home" defined

Current through July 10, 2024
Authority: IC
				  31-28-5.8-9
Affected: IC
				  31-9-2-46.9;
				  IC 31-28-5.8
Sec. 5.
"Foster family home" means a foster family home as defined
				  in IC
				  31-9-2-46.9.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 15.1 - Collaborative Care › Section 15.1-6 - "Host home" defined

Current through July 10, 2024
Authority: IC
				  31-28-5.8-9
Affected: IC 31-28-5.8
Sec. 6.
"Host home" means a host home as defined in IC
				  31-28-5.8-3.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 15.1 - Collaborative Care › Section 15.1-7 - "Older youth" defined

Current through July 10, 2024
Authority: IC
				  31-28-5.8-9
Affected: IC
				  31-28-5.8-4; IC 31-34; IC
				  31-37
Sec. 7.
"Older youth" means an individual who:
(1) meets the definition of "older youth" as
				defined in IC
				31-28-5.8-4; and
(2) received foster care on the day the
				individual turned eighteen (18) years of age:
(A) under wardship of the department, a
				person, or a shelter care facility, or under supervision of the department or a
				county probation office; and
(B) in
				accordance with a court order in a pending child in need of services case under
				IC 31-34 or juvenile delinquency case under IC 31-37.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 15.1 - Collaborative Care › Section 15.1-8 - "Older youth services" defined

Current through July 10, 2024
Authority: IC
				  31-28-5.8-9
Affected: IC 31-28-5.8
Sec. 8.
"Older youth services" mean services provided to an older
				  youth by or on behalf of the department, in accordance with section 12 of this
				  rule:
(1) during the time the older
				youth is residing in a DCS approved placement as set out in IC
				31-28-5.8-1;
				and
(2) pursuant to a collaborative
				care agreement, as defined in IC
				31-28-5.8-2.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 15.1 - Collaborative Care › Section 15.1-9 - "Reentry youth" defined

Current through July 10, 2024
Authority: IC
				  31-28-5.8-9
Affected: IC
				  31-28-5.8
Sec. 9.
"Reentry youth" means an older youth who:
(1) meets the eligibility requirements in
				section 11 of this rule;
(2)
				expresses a desire to enter or reenter the collaborative care program;
				and
(3) meets one (1) of the
				following conditions:
(A) The older youth's
				child in need of services or juvenile delinquency or juvenile status case
				closed on or after the date the youth attained eighteen (18) years of age, and
				the older youth did not immediately enter into a collaborative care agreement
				upon that case closure.
(B) The
				older youth's collaborative care case opened and closed prior to attainment of
				twenty-one (21) years of age, and the older youth executes a second or
				subsequent voluntary collaborative care agreement.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 15.1 - Collaborative Care › Section 15.1-10 - "Voluntary collaborative care agreement" or "VCCA" defined

Current through July 10, 2024
Authority: IC
				  31-28-5.8-9
Affected: IC 31-28-5.8
Sec. 10.
"Voluntary collaborative care agreement" or "VCCA" means a
				  written agreement executed between an older youth and the department under IC
				  31-28-5.8-2
				  that includes, but is not limited to:
(1) terms and conditions of program
				participation;
(2) a housing
				arrangement or placement of the older youth approved by the department under
				this program;
(3) program
				eligibility criteria;
(4) youth's
				choice regarding appointment of a court appointed special advocate or guardian
				ad litem;
(5) collaborative care
				court requirements and expectations;
(6) process and basis for voluntary and
				involuntary termination of the VCCA;
(7) rules of conduct for youth participating
				in the collaborative care program; and
(8) effective date of youth's entry into
				collaborative care program.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 15.1 - Collaborative Care › Section 15.1-11 - Eligibility for collaborative care

Current through July 10, 2024
Authority: IC
				  31-28-5.8-9
Affected: IC 31-28-5.8
Sec. 11.
(a) An older
				youth is eligible for assistance with the costs of an approved placement or
				housing arrangement and older youth services, if the older youth on a
				continuing basis is as follows:
(1) A bona
				fide resident of Indiana.
(2) The
				older youth:
(A) is employed for at least
				eighty (80) hours per month;
(B) is
				attending secondary school, post-secondary school, or a vocational or
				educational certification or degree program;
(C) is participating in a program or activity
				designed to either promote employment or remove barriers to employment;
				or
(D) is incapable of performing
				any of the activities in clauses (A) through (C) due to a medical condition
				documented by regularly updated information in the older youth's current case
				plan.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 15.1 - Collaborative Care › Section 15.1-12 - Placement and services provided to approved collaborative care participants

Current through July 10, 2024
Authority: IC
				  31-28-5.8-9
Affected: IC 31-28-5.8
Sec. 12.
(a) Upon
				completion of the voluntary collaborative care agreement under section 10 of
				this rule, the department will provide placement and services to or for the
				benefit of the older youth as described in this section as follows:
(1) Placement shall be in one (1) of the
				living arrangements set out in the VCCA, as determined by the
				department.
(2) Participants will
				be advised of services available to them through this program as listed in the
				published DCS state service standards.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 15.1 - Collaborative Care › Section 15.1-13 - Foster family home and host home agreements

Current through July 10, 2024
Authority: IC
				  31-28-5.8-9
Affected: IC 31-28-5.8; IC 31-34; IC 31-37
Sec. 13.
(a) The
				department shall create a form agreement to be provided to foster family homes
				and host homes. The agreement shall, at a minimum, address:
(1) the expectations, rights, and
				responsibilities of all parties to the agreement;
(2) the amount of per diem to be paid to the
				foster family home or host home;
(3) the methods of conflict resolution should
				a disagreement occur between the youth and the adult providers of the foster
				family home or host home;
(4)
				whether any adults residing in the foster family home or host home will be
				subjected to background checks; and
(5) other matters as may be deemed
				appropriate based upon the circumstances of the specific older youth seeking a
				foster family home or host home.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 15.1 - Collaborative Care › Section 15.1-14 - Termination of the voluntary collaborative care agreement

Current through July 10, 2024
Authority: IC
				  31-28-5.8-9
Affected: IC
				  31-28-5.8-8
Sec. 14.
(a) The
				older youth may terminate the voluntary collaborative care agreement prior to
				the expiration of the voluntary collaborative care agreement for any reason,
				by:
(1) notifying the department in writing
				that the older youth desires to withdraw from the collaborative care program;
				or
(2) signing a form provided by
				the department that will indicate to the court that the department and the
				youth agree to terminate the voluntary collaborative care
				agreement.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 15.1 - Collaborative Care › Section 15.1-15 - Denial of eligibility

Current through July 10, 2024
Authority: IC
				  31-28-5.8-9
Affected: IC 31-28-5.8
Sec. 15.
(a) Any
				youth who is denied admission into the collaborative care program shall be
				advised by the department in writing of the denial.
(b) Any youth denied reentry into the
				collaborative care program shall be advised by the department in writing of the
				denial.
(c) Denials under
				subsections (a) and (b) shall include:
(1)
				notice of the reason for denial; and
(2) notice of the review process for denials,
				specifying that the youth may make a written request for review, and that the
				request must include a statement from the youth as to why the youth believes
				the youth is eligible for the program.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 15.1 - Collaborative Care › Section 15.1-16 - Administrative review

Current through July 10, 2024
Authority: IC
				  31-28-5.8-9
Affected: IC 31-28-5.8
Sec. 16.
(a) Any
				youth who is notified by the department that the youth was denied admission or
				reentry into collaborative care pursuant to section 15 of this rule is entitled
				to request an administrative review of the denial.
(b) An individual entitled to request an
				administrative review under this section may submit a written request for
				review, in the form prescribed by the department for that purpose, within
				fifteen (15) days after the department serves a notice or letter regarding the
				determination that is subject to review. The individual requesting the review
				may submit with the request any written information or documents that the
				requester considers relevant to consideration in the review.
(c) The administrative review shall be
				conducted by a department employee who:
(1) is
				familiar with the laws, rules, and policies applicable to the collaborative
				care program;
(2) was not involved
				in making the decision or determination that is the subject of the request for
				administrative review; and
(3) is
				selected in accordance with department policy.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 15.1 - Collaborative Care › Section 15.1-17 - Administrative hearing

Current through July 10, 2024
Authority: IC 31-28-5.8-9
Affected: IC 31-28-5.8
Sec. 17.
(a) Any
				youth who has been notified by the department of a denial of admission or
				reentry into collaborative care, and has exhausted the department's
				administrative review process, may request an administrative hearing by
				submitting the hearing request form made available by the department or
				attached to the administrative review decision, completed in accordance with
				the instructions included on the form and department policy. The completed
				request form must be submitted to the department hearings and appeals unit not
				more than thirty (30) days after the person was served with written notice of
				the administrative review determination that affirmed a denial of admission or
				reentry into collaborative care.
(b) Except as otherwise provided in this
				rule, provisions of
				465 IAC
				3-3 apply to a request for administrative hearing
				under this section.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 15.1 - Collaborative Care › Section 15.1-18 - Reentry into collaborative care program

Current through July 10, 2024
Authority: IC
				  31-28-5.8-9
Affected: IC
				  31-28-5.8
Sec. 18.
(a) An
				older youth whose participation in the collaborative care program terminates
				prior to the attainment of twenty-one (21) years of age and who wants to
				reenter the collaborative care program may do so as long as the older youth
				meets the eligibility requirements as set out in section 10 of this
				rule.
(b) The department shall make
				reasonable efforts to notify each older youth who leaves the program prior to
				twenty-one (21) years of age, and who would otherwise be eligible for reentry
				into the collaborative care program, of the process available for the youth to
				apply to reenter into collaborative care, in writing, at the time the older
				youth leaves the program.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 16 - Rate Setting for Residential Treatment Services Providers › Section 16-1 - Scope and purpose

Current through July 10, 2024
Authority: IC  31-25-2-18
Affected: IC  31-25-2-7; IC  31-27-3; IC  31-27-5
Sec. 1.
(a) Every residential treatment services provider 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 residential treatment services provider or pay for the costs of such placement.
(b) This rule establishes the procedures the department will use for setting the payment rates, including, but not limited to, maintenance payments, administrative payments, and other costs described in this rule, and that will be paid to residential treatment services providers for children placed by the department or a probation department.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 16 - Rate Setting for Residential Treatment Services Providers › Section 16-2 - Applicability of definitions

Current through July 10, 2024
Authority: IC  31-25-2-18
Affected: IC  31-25-2-7; IC  31-27-3; IC  31-27-5
Sec. 2.
The definitions in sections 3 through 14 of this rule apply throughout this rule.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 16 - Rate Setting for Residential Treatment Services Providers › Section 16-3 - "Administrative payment" defined

Current through July 10, 2024
Authority: IC  31-25-2-18
Affected: IC  31-25-2-7; IC  31-27-3; IC  31-27-5
Sec. 3.
"Administrative payment" means the payment for reasonable costs related to administration of the residential treatment services providers. The administrative payment for residential treatment services providers shall cover the following reasonable costs, including, but not limited to:
(1) Case work.
(2) Case management.
(3) General administration and management.
(4) Accounting and finance.
(5) Human resources.
(6) Management information systems.
(7) Quality assurance procedures.
(8) Legal expenses, other than fees and costs related to certain litigation.
(9) Office supplies.
(10) Professional fees and dues.
(11) Subscriptions.
(12) Printing and postage.
(13) Medical examinations required as a condition of employment.
(14) A reasonable profit margin for residential treatment services providers that are not tax-exempt entities.
(15) Independent living services as specified in written agreements with residential treatment service providers.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 16 - Rate Setting for Residential Treatment Services Providers › Section 16-4 - "Base rate" defined

Current through July 10, 2024
Authority: IC 31-25-2-18
Affected: IC 31-25-2-7; IC 31-27-3; IC 31-27-5
Sec. 4.
"Base rate" will include the following components:
(1) Maintenance payment.
(2) Administrative payment.
(3) Payment for costs that are not eligible for Title IV-E reimbursement, if such costs are related to licensing requirements as established by 465 IAC 2-9 through 465 IAC 2-13, as amended, or written agreement between the department and residential treatment service providers. Such costs shall include, but are not limited to:
(A) on-site nursing staff; or
(B) transportation to medical appointments for the child.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 16 - Rate Setting for Residential Treatment Services Providers › Section 16-5 - "Cost report" defined

Current through July 10, 2024
Authority: IC  31-25-2-18
Affected: IC  31-25-2-7; IC  31-27-3; IC  31-27-5
Sec. 5.
(a) "Cost report" means a report that the department requires each residential treatment services provider to complete for each residential program that the residential treatment services provider operates.
(b) The cost report shall include the following:
(1) Actual costs incurred by or on behalf of the program in the most recently completed residential treatment services provider fiscal year, or in an alternative twelve (12) month period as specified by the department.
(2) Any other information relating to determination of the cost of operating or supervising the program that is specified by the department, or that the residential treatment services provider considers relevant to determination of its reasonable administrative costs relating to the program, consistent with the applicable provisions of this rule.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 16 - Rate Setting for Residential Treatment Services Providers › Section 16-6 - "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  31-27-3; IC  31-27-5
Sec. 6.
"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 16 - Rate Setting for Residential Treatment Services Providers › Section 16-7 - "Excess capacity" defined

Current through July 10, 2024
Authority: IC  31-25-2-18
Affected: IC  31-25-2-7; IC  31-27-3; IC  31-27-5
Sec. 7.
"Excess capacity" means, in cases where the actual average annual occupancy rate, as included in the cost report, is less than the minimum acceptable average annual occupancy rate as established annually by the department, for a particular residential treatment services provider or program, the difference between the:
(1) actual average annual occupancy rate of the residential treatment services provider's program; and
(2) minimum acceptable average annual occupancy rate of the residential treatment services provider's program as established annually by the department.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 16 - Rate Setting for Residential Treatment Services Providers › Section 16-8 - "Maintenance payment" defined

Current through July 10, 2024
Authority: IC  31-25-2-18
Affected: IC  31-25-2-7; IC  31-27-3; IC  31-27-5; IC  31-40-1-2
Sec. 8.
"Maintenance payment" means a payment to a residential treatment services provider to cover the reasonable cost of, and the reasonable cost of providing, the following items, on behalf of a child placed with the residential treatment services provider for whom the department is responsible for payment:
(1) Food.
(2) Clothing.
(3) Shelter, including reasonable occupancy costs.
(4) Daily supervision.
(5) School supplies.
(6) Personal incidentals for the child.
(7) Liability insurance with respect to a child placed in the residential treatment services provider's facility.
(8) Reasonable travel expenses for the child to attend school where the child was enrolled before placement, 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.
(9) Reasonable travel expenses for the child for family visitation to the extent required by, or consistent with, the child's individual case plan or court order.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 16 - Rate Setting for Residential Treatment Services Providers › Section 16-9 - "Occupancy costs" defined

Current through July 10, 2024
Authority: IC  31-25-2-18
Affected: IC  31-25-2-7; IC  31-27-3; IC  31-27-5
Sec. 9.
"Occupancy costs" means facility related costs of a residential treatment services provider including, but not limited to, the following:
(1) Depreciation.
(2) Interest.
(3) Rent.
(4) Utilities.
(5) Building repairs and maintenance.
(6) Property taxes.
(7) Property insurance.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 16 - Rate Setting for Residential Treatment Services Providers › Section 16-10 - "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. 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 16 - Rate Setting for Residential Treatment Services Providers › Section 16-11 - "Public hearing" defined

Current through July 10, 2024
Authority: IC  31-25-2-18
Affected: IC  31-25-2-7; IC  31-27-3; IC  31-27-5
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 payment rates as set by the mechanisms in this rule.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 16 - Rate Setting for Residential Treatment Services Providers › Section 16-12 - "Reasonable costs" defined

Current through July 10, 2024
Authority: IC 31-25-2-18
Affected: IC 31-25-2-7; IC 31-27-3; IC 31-27-5
Sec. 12.
"Reasonable costs" mean costs of particular items payable by the department under this rule 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 16 - Rate Setting for Residential Treatment Services Providers › Section 16-13 - "Residential treatment services provider" defined

Current through July 10, 2024
Authority: IC 31-25-2-18
Affected: IC 31-25-2-7; IC 31-27-3; IC 31-27-5
Sec. 13.
"Residential treatment services provider" means a provider licensed by the department as a:
(1) child caring institution under IC 31-27-3;
(2) group home under IC 31-27-5; or
(3) private secure facility under 465 IAC 2-11.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 16 - Rate Setting for Residential Treatment Services Providers › Section 16-14 - "Tax exempt entity" defined

Current through July 10, 2024
Authority: IC  31-25-2-18
Affected: IC  31-25-2-7; IC  31-27-3; IC  31-27-5
Sec. 14.
"Tax exempt entity" means a residential treatment services provider 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 16 - Rate Setting for Residential Treatment Services Providers › Section 16-15 - "Title IV-E" defined

Current through July 10, 2024
Authority: IC  31-25-2-18
Affected: IC  31-25-2-7; IC  31-27-3; IC  31-27-5
Sec. 15.
"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 16 - Rate Setting for Residential Treatment Services Providers › Section 16-16 - Annual public comment period; public hearing

Current through July 10, 2024
Authority: IC  31-25-2-18
Affected: IC  31-25-2-7; IC  31-27-3; IC  31-27-5
Sec. 16.
(a) An annual period of public comment will be open for at least thirty (30) days preceding an annual public hearing. The public comment process will allow residential treatment service providers 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 residential treatment service providers currently under contract with the department.
(c) Notice of a public hearing will be posted on the department's website for a period of thirty (30) consecutive days immediately before the date scheduled for the public 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 16 - Rate Setting for Residential Treatment Services Providers › Section 16-17 - Independent review of the rate setting methodology

Current through July 10, 2024
Authority: IC  31-25-2-18
Affected: IC  31-25-2-7; IC  31-27-3; IC  31-27-5
Sec. 17.
An independent third party contractor will conduct an annual review of the department's rate setting methodology.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 16 - Rate Setting for Residential Treatment Services Providers › Section 16-18 - Payments

Current through July 10, 2024
Authority: IC  31-25-2-18
Affected: IC  31-25-2-7; IC  31-27-3; IC  31-27-5
Sec. 18.
The department will make payments to a residential treatment services provider at the time and in the manner specified in a written agreement that is in a form approved by the department and executed by the parties.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 16 - Rate Setting for Residential Treatment Services Providers › Section 16-19 - Publishing of payments

Current through July 10, 2024
Authority: IC  31-25-2-18
Affected: IC  31-25-2-7; IC  31-27-3; IC  31-27-5
Sec. 19.
The department will maintain and publish a list of all residential treatment services provider payment rate amounts.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 16 - Rate Setting for Residential Treatment Services Providers › Section 16-20 - Allowable costs in the base rate and other cost based rates approved by the department; cost report required

Current through July 10, 2024
Authority: IC  31-25-2-18
Affected: IC  31-25-2-7; IC  31-27-3; IC  31-27-5
Sec. 20.
(a) Each residential treatment services provider 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 costs incurred or services rendered by the residential treatment services provider.
(b) Any payments made to a residential treatment services provider 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 review each cost report for reasonableness and eligibility under Title IV-E, OMB circulars and the applicable CFR provisions described in section 12 of this rule. The department may, in its discretion, adjust historical costs to reflect current costs by applying a cost of living adjustment. Based on that review, the department will submit to the residential treatment services provider a final approved cost report that the department will use in calculating the applicable rates.
(d) To be allowable, a cost must relate to one (1) or more of the categories described in section 4 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 residential treatment services provider.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 16 - Rate Setting for Residential Treatment Services Providers › Section 16-21 - Unallowable costs in the base rate and other cost based rates approved by the department

Current through July 10, 2024
Authority: IC 31-25-2-18
Affected: IC 31-25-2-7; IC 31-27-3; IC 31-27-5
Sec. 21.
(a) Expenditures for the following services are ineligible costs under Title IV-E and are not to be included in the base rate:
(1) Counseling.
(2) Therapy.
(3) Education (other than school supplies).
(4) Health and medical services or treatment.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 16 - Rate Setting for Residential Treatment Services Providers › Section 16-22 - Offsetting revenue and netting

Current through July 10, 2024
Authority: IC  31-25-2-18
Affected: IC  31-25-2-7; IC  31-27-3; IC  31-27-5
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 which 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 residential treatment services provider relate to allowable costs, 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 16 - Rate Setting for Residential Treatment Services Providers › Section 16-23 - Behavioral health

Current through July 10, 2024
Authority: IC  31-25-2-18
Affected: IC  12-15-21; IC  31-25-2-7; IC  31-27-3; IC  31-27-5
Sec. 23.
(a) Counseling, therapy, skill building, behavioral health management, and other behavioral health services to meet the behavioral healthcare needs of the child, will be provided upon 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 16 - Rate Setting for Residential Treatment Services Providers › Section 16-24 - Education

Current through July 10, 2024
Authority: IC  31-25-2-18
Affected: IC  31-25-2-7; IC  31-27-3; IC  31-27-5
Sec. 24.
(a) Educational services may be provided directly by the residential treatment services provider upon authorization from the department.
(b) The residential treatment services provider must submit educational services cost information with the cost report or as such information is reasonably requested by the department. Any payments made by the department for educational services that are provided directly by a residential treatment services provider to a child placed with that residential treatment services provider shall be based on the reasonable costs contained in the residential treatment services provider's cost report.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 16 - Rate Setting for Residential Treatment Services Providers › Section 16-25 - Health and medical services or treatment

Current through July 10, 2024
Authority: IC  31-25-2-18
Affected: IC  12-15-21; IC  31-25-2-7; IC  31-27-6
Sec. 25.
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 with a residential treatment services provider 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 16 - Rate Setting for Residential Treatment Services Providers › Section 16-26 - Review of rates

Current through July 10, 2024
Authority: IC  31-25-2-18
Affected: IC  31-25-2-7; IC  31-27-3; IC  31-27-5
Sec. 26.
(a) Residential treatment services providers may request a review of a base rate and other cost based rates approved by the department as stated in a rate letter issued in accordance with section 20(e) and (g)
[20(g)]
of this rule. A residential treatment services provider may request a review of the base rate 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 20(a) of this rule;
(B) calculation of the rate; or
(C) determination of the reasonableness of any cost; or
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 16 - Rate Setting for Residential Treatment Services Providers › Section 16-27 - Appeal of the 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. 27.
(a) A residential treatment services provider may request an appeal of the department administrative review decision under section 26 of this rule by submitting a written request within fifteen (15) days of receipt of the notice specified in section 26(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 16 - Rate Setting for Residential Treatment Services Providers › Section 16-28 - Rate in effect during pendency of review and appeal of rates

Current through July 10, 2024
Authority: IC  31-25-2-18
Affected: IC  31-25-2-7; IC  31-27-6
Sec. 28.
(a) The department will pay, during the time the rate is being reviewed or appealed, the amount stated in the most recent rate letter that was mailed to the residential treatment services provider in accordance with section 20(e) or (g)
[section 20(e) or 20(g) of this rule]
.
(b) Any payments made by the department or received by the residential treatment services provider after the effective date in the notice letter mailed to the residential treatment services provider in accordance with section 20(e) or (g)
[section 20(e) or 20(g) of this rule]
will be adjusted in accordance with the final approved rate following completion of the administrative review under section 26 of this rule and any administrative appeal under section 27 of this rule, retroactive to the effective date of the notice letter.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 16 - Rate Setting for Residential Treatment Services Providers › Section 16-29 - Documents incorporated by reference

Current through July 10, 2024
Authority: IC 31-25-2-18
Affected: IC 31-25-2-7; IC 31-27-3; IC 31-27-5
Sec. 29.
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 17 - Rate Setting for Child Placing Agencies › Section 17-1 - Scope and purpose

Current through July 10, 2024
Authority: IC  31-25-2-18
Affected: IC  31-25-2-7; IC  31-27-6
Sec. 1.
(a) Every CPA 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 CPA or pay for the costs of such placement.
(b) This rule establishes the procedures the department will use for determining and making maintenance payments to or for foster parents of children placed by the department or a probation department with a CPA for foster care in a licensed foster home and administrative payments to child placing agencies in the state of Indiana.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 17 - Rate Setting for Child Placing Agencies › Section 17-2 - Applicability of definitions

Current through July 10, 2024
Authority: IC  31-25-2-18
Affected: IC  31-25-2-7; IC  31-27-6
Sec. 2.
The definitions in sections 3 through 17 of this rule apply throughout 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 17-3 - "Administrative 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. 3.
"Administrative payment" means the payment for reasonable costs related to administration of the CPA. The administrative payment for CPAs shall cover the following reasonable costs, relating to identification of foster family homes, placement of children referred by the department or a probation department for care in foster family homes supervised by the CPA, and provision of services to the foster families and children placed with the CPA, including, but not limited to:
(1) Case work.
(2) Case management.
(3) Foster home recruiting.
(4) Foster home licensing preparation and maintenance.
(5) Foster parent training.
(6) Foster parent support.
(7) General administration and management.
(8) Accounting and finance.
(9) Human resources.
(10) Management information systems.
(11) Quality assurance procedures.
(12) Legal expenses, other than fees and costs related to certain litigation.
(13) Office supplies.
(14) Professional fees and dues.
(15) Subscriptions.
(16) Printing and postage.
(17) Independent living services as specified in written agreements with CPAs.
(18) Medical examinations required as a condition of employment.
(19) A reasonable profit margin if the agency is not a tax-exempt entity.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 17 - Rate Setting for Child Placing Agencies › Section 17-4 - "Approved assessment tool" defined

Current through July 10, 2024
Authority: IC  31-25-2-18
Affected: IC  31-25-2-7; IC  31-27-6; IC 31-34; IC 31-37; IC  33-38-9-3
Sec. 4.
"Approved assessment tool" means:
(1) In the case of a child placed in foster care through a child in need of services case under IC 31-34, 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.
(2) In the case of a child placed in foster care through a juvenile delinquency case under IC 31-37, the approved probation assessment tool, which is a child-appropriate instrument for the assessment of child functional impairment that is designated by 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 17 - Rate Setting for Child Placing Agencies › Section 17-5 - "Child placing agency" or "CPA" defined

Current through July 10, 2024
Authority: IC  31-25-2-18
Affected: IC  31-9-2-17.5; IC  31-25-2-7; IC  31-27-6
Sec. 5.
"Child placing agency" or "CPA" have the definition set forth in IC  31-9-2-17.5.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 17 - Rate Setting for Child Placing Agencies › Section 17-6 - "Cost report" defined

Current through July 10, 2024
Authority: IC  31-25-2-18
Affected: IC  31-25-2-7; IC  31-27-6
Sec. 6.
(a) "Cost report" means a report that the department requires each CPA to complete for each foster care program that the CPA operates or supervises.
(b) The cost report shall include the following:
(1) Actual costs incurred on behalf of each foster care program in the most recently completed CPA fiscal year, or in an alternative twelve (12) month period as specified by the department.
(2) Any other information relating to determination of the cost of operating or supervising the program that is specified by the department, or that the CPA considers relevant to determination of its reasonable administrative costs relating to the program, consistent with the applicable provisions of 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 17-7 - "Critical case juncture" defined

Current through July 10, 2024
Authority: IC  31-25-2-18
Affected: IC  31-25-2-7; IC  31-27-6
Sec. 7.
"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.