reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 7 - Foster Care and Adoption Assistance Program › Section 7-2 - Special needs child; criteria (Repealed)

Current through July 10, 2024
Transferred from the Division of Family Resources (
					 470 IAC
					 3-10-2 ) to the Department of Child Services ( 465 IAC
					 2-7-2 ) by P.L. 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 7 - Foster Care and Adoption Assistance Program › Section 7-3 - Adoption assistance payments (Repealed)

Current through July 10, 2024
Transferred from the Division of Family Resources (
					 470 IAC
					 3-10-3 ) to the Department of Child Services ( 465 IAC
					 2-7-3 ) by P.L. 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 7 - Foster Care and Adoption Assistance Program › Section 7-4 - Title IV-E; Medicaid: foster care

Current through July 10, 2024
Authority: IC 31-25-2-18
Affected: IC 12-15-2-3; IC 12-15-2-7; IC 12-15-2-16
Sec. 4.
Medicaid shall not be interrupted for a child who has
				  Medicaid as a recipient of temporary assistance for needy families (TANF) at
				  the time of placement and is later found eligible for Medicaid as a recipient
				  of Title IV-E payments. The Medicaid effective date for the child who is a
				  nonrecipient of TANF at the time of placement shall be the same as the
				  effective date of the Title IV-E award.
Transferred from the Division of Family Resources (
					 470
					 IAC 3-10-5 ) to the Department of Child Services ( 465
					 IAC 2-7-4 ) by P.L. 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 7 - Foster Care and Adoption Assistance Program › Section 7-6 - Title IVE; foster care assistance payments

Current through July 10, 2024
Authority: IC 12-13-5-1; IC 12-13-5-3
Affected: IC 31-3-3
Sec. 6.
(a) The
				maximum amount of foster care assistance (Title IVE-FC) payments shall be
				established by the state department of public welfare based upon the costs
				allowed for "foster care maintenance payments" as defined at
				42
				U.S.C. 675(4).
(b) The effective date of the initial Title
				IVE-FC award shall be no earlier than the date of application. Payment shall
				not be made retroactively. Payment will be made to the foster care facility as
				soon following placement as payment procedures will permit.
(c) Title IVE-FC funds shall be paid for the
				eligible child who has been made a ward of the county department of public
				welfare but placed under the supervision of a licensed child placing agency or
				probation department by court order provided regular reports are made to the
				county department by the probation department or licensed child placing agency
				as agreed upon by the agency and the county department.
(d) The initial determination of financial
				need of the Title IVE-FC child shall be based upon the following two (2)
				factors:
(1) The circumstances in the home
				from which the child was removed during the month in which the court wardship
				detention hearing or child in need of services (CHINS) adjudication process was
				initiated.
(2) The circumstances of
				the child in the current foster placement.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 7 - Foster Care and Adoption Assistance Program › Section 7-7 - AFDC regulations applicable to foster care assistance

Current through July 10, 2024
Authority: IC 12-13-5-1; IC 12-13-5-3
Affected: IC 31-3-3
Sec. 7.
The Title IVE-FC program will abide by the following
				  regulations pertaining to the AFDC program:
470
				  IAC 2-1-16 -Regular Access Authority to the Department
				  Public Assistance Division Personal Information System
470
				  IAC 2-4-12
[
				  470
				  IAC 2-4-12 was repealed filed Mar 23, 2000, 4:57 p.m.:
				  23 IR 1999.]
-Replacement of Lost or Stolen AFDC Warrants
470 IAC 2.1-1-1
				  -Definitions
470 IAC
				  2.1-2-1 -Payment for Examinations
470
				  IAC 2.1-3-1 -Release of Information from County
				  Department Public Assistance Case Records
470 IAC 10.1-1-1 -(a) through (k)-Definitions
470 IAC 10.1-1-2 -(b), (c)-Applicant and Recipient
				  Responsibilities
470 IAC 10.1-1-3 -Date of Application
470 IAC
				  10.1-2-1 -Determination of Incapacity
470 IAC
				  10.1-3-1 -Real and Personal Property Ownership
470 IAC
				  10.1-3-4 -(a), (b), (c), (d), (f)-Determination;
				  Countable Income
470
				  IAC 10.1-3-5 -(1)-Good Cause for Terminating
				  Employment, Reducing Earnings, or Refusing a Bona Fide Offer of
				  Employment
470 IAC 10.1-5-1 -Payment of Assistance
470 IAC 10.1-6-1 -Payment of Burial Expenses IC 12-1-2-3
[IC 12-1 was repealed by P.L. 2-1992, SECTION 897, effective February
				  14, 1992.]
IC 12-1-2-9
[IC 12-1 was repealed by P.L. 2-1992,
				  SECTION 897, effective February 14, 1992.]
42
				  USC 670
Transferred from the Division of Family Resources (
					 470
					 IAC 3-10-8 ) to the Department of Child Services ( 465
					 IAC 2-7-7 ) by P.L. 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 8 - Assisted Guardianship Program › Section 8-0.5 - Application

Current through July 10, 2024
Authority: IC
				  31-25-2-18
Affected: IC 12-14-28; IC 29-3-5; IC
				  31-34-21-7.5;
				  IC
				  31-34-21-7.7
Sec. 0. 5.
This rule applies to a guardianship assistance agreement
				  signed before July 1, 2012:
(1) that
				provides for monthly assistance payments as provided in section 5 of this rule;
				and
(2) under which payments were
				made for one (1) or more months before July 2012.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 8 - Assisted Guardianship Program › Section 8-1 - Definitions

Current through July 10, 2024
Authority: IC 31-25-2-18
Affected: IC 12-7-2-162.5; IC 12-8-1.5-16; IC 12-13-1-1; IC
				  12-14-28; IC 29-3-1-6; IC 31-9-2-76.6; IC 31-9-2-117; IC 31-25-1-1; IC
				  31-34-21-7; IC 31-34-21-7.5
Sec. 1.
(a) The
				definitions in this section apply throughout this rule.
(b) "Child" means a minor child as defined in
				42
				U.S.C. 619(2).
(c) "County director" means the director of a
				local office as defined in IC 31-9-2-76.6.
(d) "County office" means a local office of
				the department that currently has, or previously had, supervisory authority
				concerning a child who is or has been a child in need of services under IC
				31-34 and who is or may be eligible for assistance under this rule.
(e) "Department" means the department of
				child services established by IC 31-25-1-1.
(f) "Family" means a residential household in
				which a child resides with an adult caretaker relative.
(g) "Guardian" means:
(1) a person described in IC 29-3-1-6 who has
				been appointed and is acting as guardian for a child; or
(2) a person who meets the conditions and
				requirements of section 3 of this rule, as determined by the county
				office.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 8 - Assisted Guardianship Program › Section 8-2 - Eligibility of child

Current through July 10, 2024
Authority: IC 12-13-5-1; IC 12-13-5-3; IC 12-14-28-7
Affected: IC 12-14-28; IC 31-34-11-2; IC 31-34-20-1; IC
				  31-34-21-7; IC 31-34-21-7.5
Sec. 2.
A child who meets all the following criteria shall be
				  eligible for assistance under this rule:
(1) The child is either:
(A) not less than thirteen (13) years of
				age;
(B) a member of a sibling
				group at least one (1) of whom is not less than thirteen (13) years of
				age;
(C) seriously disabled;
				or
(D) approved for legal
				guardianship as a permanency plan by an order entered by a juvenile court
				having jurisdiction over the child, if the order finds and states compelling
				reasons for selecting guardianship as the preferred choice among available
				permanency plan options.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 8 - Assisted Guardianship Program › Section 8-3 - Eligibility of guardian

Current through July 10, 2024
Authority: IC 31-25-2-18
Affected: IC 12-14-28; IC 31-27-4; IC 31-34-21-7.5
Sec. 3.
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 2 of this rule:
(1) The guardian must be a relative of the
				child.
(2) The guardian must reside
				in a home that meets all requirements for licensing as a foster family home
				under IC 31-27-4 and 465 IAC 2-1.5.
(3) The eligible child must currently reside
				with the guardian in the home of the guardian.
(4) The eligible child must have resided with
				the guardian in the guardian's home for a continuous period of time not less
				than six (6) months.
(5) The
				guardian must be primarily responsible for providing for appropriate care,
				support, maintenance, education, and welfare of the child.
(6) The guardian must meet each of the
				following criteria, as shown by a home study and evaluation of the guardian and
				child prepared or approved by a county office:
(A) Have the current and projected continuing
				ability to provide for the child's physical, mental, emotional, educational,
				and psychological needs, upon termination of supervision of the child by the
				department or county office, except for provision of assistance approved under
				this rule.
(B) Have the continuing
				ability, willingness, and motivation to access and obtain appropriate services
				outside the home that are necessary or appropriate for the health, education,
				development, and well-being of the child and that 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 close relative of the child,
				consistent with the safety and best interests of the child, and in conformance
				with any plan of visitation ordered or approved by the court in the child in
				need of services proceeding.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 8 - Assisted Guardianship Program › Section 8-4 - Guardianship procedures

Current through July 10, 2024
Authority: IC 12-13-5-1; IC 12-13-5-3
Affected: IC 29-3-5-1; IC 29-3-6-1; IC 31-34-21-7.5
Sec. 4.
(a) If the
				guardian has not previously established a legal guardianship for the child
				under IC 29-3, the county office having jurisdiction over the child will refer
				the prospective guardian to the attorney for the county office for the purpose
				of assisting the guardian in establishing a legal guardianship of the child's
				person that satisfies all requirements of IC 29-3 and IC
				31-34-21-7.5(1)(E).
(b) If the
				county office has determined that the child and guardian meet all eligibility
				requirements for assistance as specified in sections 2 and 3 of this rule, the
				county office may, with the approval of the county director, file a petition
				under IC 29-3-5-1 for appointment of the guardian as a legal guardian of the
				child under IC 29-3. The county office may pay all or any designated portion of
				the legal costs and other expenses of the guardianship proceeding, including
				the services of the attorney for the county office, reasonably incurred by or
				on behalf of the guardian in order to establish and maintain the legal
				guardianship.
(c) The county office
				shall solicit consent of any parent of the child for establishment of a legal
				guardianship with assistance provided under this rule, if the parent is
				identified and can be contacted with reasonable efforts. The county office will
				document and present to the court in the guardianship proceeding a written
				report of its efforts to solicit parental consent and the results of those
				efforts. Consent of an identified parent is not a necessary condition for
				assistance to a prospective guardian in establishing a legal guardianship, or
				for provision of financial or other assistance to a child and guardian in
				accordance with this rule.
(d) The
				county office shall give notice of the filing of a guardianship petition under
				this section and any hearing thereon in accordance with IC 29-3-6-1(3).
Transferred from the Division of Family Resources ( 470
					 IAC 3-10.5-4 ) to the Department of Child Services ( 465 IAC 2-8-4 ) by P.L.
					 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 8 - Assisted Guardianship Program › Section 8-5 - Guardianship assistance payments

Current through July 10, 2024
Authority: IC 31-25-2-18
Affected: IC 12-14-28; IC 29-3-5; IC 31-34-21-7.5; IC
				  31-34-21-11
Sec. 5.
(a) The
				department will make monthly payments of financial assistance to a guardian
				eligible for assistance under section 3 of this rule, on behalf of a child
				eligible for assistance under section 2 of this rule, subject to all applicable
				conditions and limitations stated in this rule.
(b) The department will determine the amount
				of monthly payments to an eligible guardian under subsection (a) based on the
				needs of the child as determined in accordance with applicable guidelines for
				financial assistance to families and children provided through TANF, not
				exceeding a monthly payment of five hundred twelve dollars ($512) per
				child.
(c) An approved monthly
				payment will be payable to the eligible guardian beginning with the month
				immediately following the month in which the latest of the following events
				occurs:
(1) Closure by the juvenile court of
				the child in need of services case of the child for whom the assistance is
				payable, by order entered pursuant to IC 31-34-21-11 discharging the
				child.
(2) Appointment of the
				guardian as a legal guardian of the person of the child, by order entered
				pursuant to IC 29-3-5.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 8 - Assisted Guardianship Program › Section 8-6 - Termination of guardianship assistance payments

Current through July 10, 2024
Authority: IC 31-25-2-18
Affected: IC 12-14-28; IC 31-19; IC 31-34-9; IC
				  31-34-21-7.5
Sec. 6.
(a) The
				department shall terminate any monthly assistance payment and guardianship
				assistance agreement approved under section 5 of this rule upon occurrence of
				any of the following events:
(1) The child's
				attainment of eighteen (18) years of age, except as provided in subsection
				(c).
(2) Entry of a court order
				awarding legal custody of the child to a person other than the
				guardian.
(3) Incarceration of the
				child in an adult correctional facility pursuant to a sentence and commitment
				order of a court of competent jurisdiction.
(4) Detention of the child in a juvenile
				detention center for a period of time of not less than one hundred eighty (180)
				days, pursuant to an order of a juvenile court having jurisdiction of the
				child.
(5) Entry of a dispositional
				decree in a child in need of services proceeding based on events occurring
				while the child is residing with the guardian and subsequent to the date of
				approval of the guardianship assistance agreement if the dispositional decree
				provides for removal of the child from the home of the guardian.
(6) Death of the child.
(7) Adoption of the child by the guardian or
				any other person under IC 31-19 or the adoption laws of any other state or
				country.
(8) Termination of the
				legal guardianship by order of the court having jurisdiction in the
				guardianship proceeding.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 8 - Assisted Guardianship Program › Section 8-7 - Medical insurance coverage for child

Current through July 10, 2024
Authority: IC 12-13-5-1; IC 12-13-5-3
Affected: IC 12-15-2-14; IC 12-17.6-3; IC 12-17.6-4-2
Sec. 7.
(a) The
				guardian shall apply on behalf of the child for 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.
(b) If the
				child is not eligible for medical insurance or assistance provided through the
				Indiana Medicaid program or the children's health insurance program (CHIP), 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.
(c) Medical insurance
				coverage must be in effect at the time of approval of the guardianship
				assistance agreement. The guardian shall provide to the county office
				satisfactory evidence that the required coverage is in effect.
(d) The guardian must maintain medical
				insurance coverage for the child, in the manner provided in this section, as a
				condition to continued eligibility for monthly assistance payments under this
				rule.
Transferred from the Division of Family Resources ( 470
					 IAC 3-10.5-7 ) to the Department of Child Services ( 465 IAC 2-8-7 ) by P.L.
					 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 8 - Assisted Guardianship Program › Section 8-8 - Other assistance

Current through July 10, 2024
Authority: IC 31-25-2-18
Affected: IC 31-9-2-17.8
Sec. 8.
(a) The
				county office will 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, the county office,
				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.
(b) The
				department or county office 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 agreement.
Transferred from the Division of Family Resources ( 470
					 IAC 3-10.5-8 ) to the Department of Child Services ( 465 IAC 2-8-8 ) by P.L.
					 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 8 - Assisted Guardianship Program › Section 8-9 - Child support

Current through July 10, 2024
Authority: IC 31-25-2-18; IC 31-25-4-27
Affected: IC 29-3; IC 31-25-2-7; IC 31-25-4
Sec. 9.
(a) As a
				condition to receipt of a monthly assistance payment under this rule, the
				guardian shall assign to the department any right that the guardian may have,
				on behalf of the guardian, eligible child, or any other family member residing
				in the guardian's household, to receive child support payments from a
				noncustodial parent for the benefit of the child in accordance with all
				applicable requirements of
				42 U.S.C.
				608(a)(3), IC 31-25-2-7, and
				any rules or regulations implementing those requirements.
(b) The guardianship assistance agreement may
				include a provision by which the guardian assigns child support rights to the
				department as provided in this section.
(c) All amounts received by the department
				through the Indiana statewide child support enforcement system administered
				pursuant to IC 31-25-4 as payment of a current or accrued child support
				obligation or arrearage, on behalf of the child for whom monthly assistance
				payments are made under this rule, shall be distributed in accordance with
				42 U.S.C.
				657 and any applicable federal regulations,
				subject to the requirements of any court order in effect relating to payment of
				support on behalf of the child.
Transferred from the Division of Family Resources ( 470
					 IAC 3-10.5-9 ) to the Department of Child Services ( 465 IAC 2-8-9 ) by P.L.
					 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 8 - Assisted Guardianship Program › Section 8-10 - TANF reporting (Repealed)

Current through July 10, 2024
Transferred from the Division of Family Resources ( 470 IAC
					 3-10.5-10 ) to the Department of Child Services ( 465 IAC 2-8-10 ) by P.L.
					 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 8 - Assisted Guardianship Program › Section 8-11 - Guardianship administration

Current through July 10, 2024
Authority: IC 31-25-2-18
Affected: IC 29-3-6-1; IC 31-34-21-7.5
Sec. 11.
(a) The
				guardian receiving assistance under this rule on behalf of an eligible child
				shall be responsible for compliance with all duties and responsibilities of a
				legal guardian under any applicable provision of IC 29-3, including filing with
				the court having jurisdiction over the guardianship of any required pleadings,
				reports, documents, or accounts with respect to the guardianship
				estate.
(b) Except as provided in
				section 4 of this rule, the guardian shall give notice of all hearings in the
				guardianship proceedings as required by IC 29-3-6-1, including notice to the
				department during any time that a guardianship assistance agreement is in
				effect.
(c) The department or
				county office shall have no responsibility for administration of the
				guardianship, accounting to the child or court for any activities of the
				guardian, or disposition of the proceeds of monthly assistance payments made to
				the guardian on behalf of the child.
Transferred from the Division of Family Resources ( 470
					 IAC 3-10.5-11 ) to the Department of Child Services ( 465 IAC 2-8-11 ) by P.L.
					 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 8 - Assisted Guardianship Program › Section 8-12 - Administrative appeals

Current through July 10, 2024
Authority: IC 12-13-5-1; IC 12-13-5-3
Affected: IC 12-13; IC 12-14-28; IC 31-34-21-7.5
Sec. 12.
An applicant for assistance under this rule or a guardian or
				  child who has received assistance in accordance with a guardianship assistance
				  agreement may appeal any decision of the division or county office denying the
				  application, establishing or modifying the amount of monthly assistance
				  payments, or terminating monthly assistance payments in accordance with
				  applicable provisions of 470 IAC 1-4.
Transferred from the Division of Family Resources ( 470 IAC
					 3-10.5-12 ) to the Department of Child Services ( 465 IAC 2-8-12 ) by P.L.
					 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 8 - Assisted Guardianship Program › Section 8-13 - Local guardianship assistance program

Current through July 10, 2024
Authority: IC 31-25-2-18
Affected: IC 31-34-21-7.5
Sec. 13.
(a) A
				county office may, with the approval of the juvenile court in the county,
				establish and operate a local program for financial assistance to a
				guardianship established as a permanency plan for a child in need of services
				pursuant to IC 31-34-21-7.5(c)(1)(E), supplemental to the assisted guardianship
				program established under this rule and financed through any funds available to
				the department for that purpose.
(b) A local program established in accordance
				with this section shall be evidenced by a written plan containing eligibility
				standards and assistance guidelines that is approved by the county director and
				juvenile court.
(c) A copy of the
				local program plan shall be submitted to the department. The director of the
				department may request any modification of the plan that, in the opinion of the
				director, is necessary to prevent any conflict with the program established
				under this rule.
Transferred from the Division of Family Resources ( 470
					 IAC 3-10.5-13 ) to the Department of Child Services ( 465 IAC 2-8-13 ) by P.L.
					 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 9 - Children's Homes and Child Caring Institutions › Section 9-1 - Applicability

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 1.
(a) This
				rule applies to all child caring institutions which are licensed by the SDPW as
				institutions caring for more than ten (10) children.
(b) A licensee caring for more than ten (10)
				children may be issued and hold one (1) of the following combinations of
				licenses concurrently as a single facility:
(1) A license to operate an institution under
				this rule.
(2) A license to operate
				an emergency shelter care under 470 IAC 3-12.
(3) A license to operate an institution under
				this rule and a license to operate an emergency shelter care under 470 IAC
				3-12.
(4) A license to operate an
				institution under this rule and a license to operate a private secure facility
				under 470 IAC 3-13.
(5) A license
				to operate an institution under this rule and a license to operate an emergency
				shelter care under 470 IAC 3-12 and a license to operate a private secure
				facility under 470 IAC 3-13.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 9 - Children's Homes and Child Caring Institutions › Section 9-2 - "Administrator" defined

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 2.
As used in this rule, "administrator" means the person
				  designated by the governing body and responsible for the general management and
				  administration of the child caring institution.
Transferred from the Division of Family Resources ( 470
					 IAC 3-11-2 ) to the Department of Child Services ( 465 IAC 2-9-2 ) by P.L.
					 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 9 - Children's Homes and Child Caring Institutions › Section 9-3 - "Admission" defined

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 3.
As used in this rule, "admission" means the process of
				  entering a child in a child caring institution.
Transferred from the Division of Family Resources ( 470
					 IAC 3-11-3 ) to the Department of Child Services ( 465 IAC 2-9-3 ) by P.L.
					 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 9 - Children's Homes and Child Caring Institutions › Section 9-4 - "Application" defined

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 4.
As used in this rule, "application" means the forms and
				  methods by the SDPW to gather information about and document the intent to
				  operate a child caring institution. The application includes the completion of
				  the appropriate SDPW form, a signed, notarized criminal history affidavit, a
				  financial statement, and any requests for waivers or variances from the agency.
Transferred from the Division of Family Resources ( 470
					 IAC 3-11-4 ) to the Department of Child Services ( 465 IAC 2-9-4 ) by P.L.
					 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 9 - Children's Homes and Child Caring Institutions › Section 9-5 - "Children's home" or "child caring institution" defined

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 5.
As used in this rule, "children's home" or "child caring
				  institution" means a children's home, an orphanage, an institution, a shelter
				  care facility, a private secure facility, or other place maintained or
				  conducted by any group of individuals, or political subdivision engaged
				  in:
(1) receiving and caring for
				dependent children, children in need of services, or delinquent children;
				or
(2) operating for gain a private
				business of boarding children who are unattended by a parent, guardian, or
				custodian.
Transferred from the Division of Family Resources ( 470
					 IAC 3-11-5 ) to the Department of Child Services ( 465 IAC 2-9-5 ) by P.L.
					 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 9 - Children's Homes and Child Caring Institutions › Section 9-6 - "Communicable disease" defined

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 6.
As used in this rule, "communicable disease" means an
				  illness due to an infectious agent or its toxic products which is transmitted
				  directly or indirectly to a well person from an infected person, animal, or
				  arthropod, or through the agency of an intermediate host, vector, or the
				  inanimate environment.
Transferred from the Division of Family Resources ( 470
					 IAC 3-11-6 ) to the Department of Child Services ( 465 IAC 2-9-6 ) by P.L.
					 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 9 - Children's Homes and Child Caring Institutions › Section 9-7 - "Confinement room" defined

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 7.
As used in this rule, "confinement room" means a locked room
				  which is used for the exclusive purpose of isolating a child in order to help
				  the child control his or her behavior.
Transferred from the Division of Family Resources ( 470
					 IAC 3-11-7 ) to the Department of Child Services ( 465 IAC 2-9-7 ) by P.L.
					 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 9 - Children's Homes and Child Caring Institutions › Section 9-8 - "Corporal punishment" defined

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 8.
As used in this rule, "corporal punishment" means any kind
				  of punishment inflicted upon the body. Corporal punishment includes, but is not
				  limited to, slapping, hitting, spanking, pinching, and pushing.
Transferred from the Division of Family Resources ( 470
					 IAC 3-11-8 ) to the Department of Child Services ( 465 IAC 2-9-8 ) by P.L.
					 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 9 - Children's Homes and Child Caring Institutions › Section 9-9 - "Emergency shelter" defined

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 9.
As used in this rule, "emergency shelter" means a short term
				  place of residence, other than a secure facility that:
(1) is not locked to prevent a child's
				departure unless the administrator determines that locking is necessary to
				protect the child's health; and
(2)
				provides twenty-four (24) hours a day temporary care for not more than sixty
				(60) consecutive days to an individual child six (6) years of age or older
				admitted on an emergency basis.
Transferred from the Division of Family Resources ( 470
					 IAC 3-11-9 ) to the Department of Child Services ( 465 IAC 2-9-9 ) by P.L.
					 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 9 - Children's Homes and Child Caring Institutions › Section 9-10 - "Food service" defined

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 10.
As used in this rule, "food service" means the preparation
				  and serving of meals and snacks.
Transferred from the Division of Family Resources ( 470
					 IAC 3-11-10 ) to the Department of Child Services ( 465 IAC 2-9-10 ) by P.L.
					 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 9 - Children's Homes and Child Caring Institutions › Section 9-11 - "FPBSC" defined

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 11.
As used in this rule, "FPBSC" means the fire prevention and
				  building safety commission.
Transferred from the Division of Family Resources ( 470
					 IAC 3-11-11 ) to the Department of Child Services ( 465 IAC 2-9-11 ) by P.L.
					 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 9 - Children's Homes and Child Caring Institutions › Section 9-12 - "Governing body" defined

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 12.
As used in this rule, "governing body" means the person, or
				  group of persons, which has the ultimate administrative, fiscal, and managerial
				  control of a child caring institution.
Transferred from the Division of Family Resources ( 470
					 IAC 3-11-12 ) to the Department of Child Services ( 465 IAC 2-9-12 ) by P.L.
					 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 9 - Children's Homes and Child Caring Institutions › Section 9-13 - "Group home" defined

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 13.
As used in this rule, "group home" means a type of child
				  caring institution licensed for ten (10) or fewer children, six (6) years of
				  age or older, who are apart from their parents or guardian on a twenty-four
				  (24) hour a day basis and who have demonstrated the ability to follow direction
				  and take appropriate action for self-preservation.
Transferred from the Division of Family Resources ( 470
					 IAC 3-11-13 ) to the Department of Child Services ( 465 IAC 2-9-13 ) by P.L.
					 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 9 - Children's Homes and Child Caring Institutions › Section 9-14 - "Institution" defined

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 14.
As used in this rule, "institution" means a type of child
				  caring institution licensed for more than ten (10) children. Nothing in this
				  rule or 470 IAC 3-12 shall preclude an institution caring for ten (10) or less
				  children from being licensed under this rule or 470 IAC 3-12.
Transferred from the Division of Family Resources ( 470
					 IAC 3-11-14 ) to the Department of Child Services ( 465 IAC 2-9-14 ) by P.L.
					 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 9 - Children's Homes and Child Caring Institutions › Section 9-15 - "License" defined

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 15.
As used in this rule, "license" means a document authorizing
				  the operation of a child caring institution at a specific address, the number
				  of children which may be cared for, the age range and gender of the children,
				  and the expiration date of the authorization.
Transferred from the Division of Family Resources ( 470
					 IAC 3-11-15 ) to the Department of Child Services ( 465 IAC 2-9-15 ) by P.L.
					 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 9 - Children's Homes and Child Caring Institutions › Section 9-16 - "Living unit" defined

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 16.
As used in this rule, "living unit" means the building or
				  part of a building which contains separate living, sleeping, and sanitation
				  facilities for a group of children who eat, sleep, and have some of their daily
				  activities apart from other groups of children.
Transferred from the Division of Family Resources ( 470
					 IAC 3-11-16 ) to the Department of Child Services ( 465 IAC 2-9-16 ) by P.L.
					 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 9 - Children's Homes and Child Caring Institutions › Section 9-17 - "Mechanical restraints" defined

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 17.
As used in this rule, "mechanical restraints" means any
				  objects that restrict a child's mobility or ability to use his/her hands, arms,
				  or legs. Medical and therapeutic equipment for the prevention and treatment of
				  physical injury that are used and applied by order of a licensed physician are
				  not mechanical restraints.
Transferred from the Division of Family Resources ( 470
					 IAC 3-11-17 ) to the Department of Child Services ( 465 IAC 2-9-17 ) by P.L.
					 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 9 - Children's Homes and Child Caring Institutions › Section 9-18 - "Needs assessment" defined

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 18.
As used in this rule, "needs assessment" means a written
				  study which documents that the specific services offered by a child caring
				  institution will be used by referral sources within the geographic area to be
				  served.
Transferred from the Division of Family Resources ( 470
					 IAC 3-11-18 ) to the Department of Child Services ( 465 IAC 2-9-18 ) by P.L.
					 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 9 - Children's Homes and Child Caring Institutions › Section 9-19 - "Parent agency" defined

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 19.
As used in this rule, "parent agency" means the agency or
				  governmental unit which has the administrative, supervisory, and service
				  responsibility for the child caring institution.
Transferred from the Division of Family Resources ( 470
					 IAC 3-11-19 ) to the Department of Child Services ( 465 IAC 2-9-19 ) by P.L.
					 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 9 - Children's Homes and Child Caring Institutions › Section 9-20 - "Placing agency" defined

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 20.
As used in this rule, "placing agency" means a county
				  department of public welfare, a juvenile probation department, or a child
				  placing agency, as defined in IC 12-3-2-5
[IC 12-3 was repealed by P.L.
				  2-1992, SECTION 897, effective February 14, 1992.]
, who places a child
				  into a child caring institution.
Transferred from the Division of Family Resources ( 470
					 IAC 3-11-20 ) to the Department of Child Services ( 465 IAC 2-9-20 ) by P.L.
					 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 9 - Children's Homes and Child Caring Institutions › Section 9-21 - "Placing parent or guardian" defined

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 21.
As used in this rule, "placing parent or guardian" means a
				  person who places his or her child into a child caring institution when the
				  child is not a ward of the county or court.
Transferred from the Division of Family Resources ( 470
					 IAC 3-11-21 ) to the Department of Child Services ( 465 IAC 2-9-21 ) by P.L.
					 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 9 - Children's Homes and Child Caring Institutions › Section 9-22 - "Private secure facility" defined

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 22.
(a) As used
				in this rule, "private secure facility" means a locked living unit of an
				institution for gravely disabled children with chronic behavior that harms
				themselves or others.
(b) Locked
				detention or locked isolation rooms do not constitute a private secure
				facility.
Transferred from the Division of Family Resources ( 470
					 IAC 3-11-22 ) to the Department of Child Services ( 465 IAC 2-9-22 ) by P.L.
					 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 9 - Children's Homes and Child Caring Institutions › Section 9-23 - "Program director" defined

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 23.
As used in this rule, "program director" means the staff
				  person responsible for the development, implementation, and supervision of the
				  treatment programs.
Transferred from the Division of Family Resources ( 470
					 IAC 3-11-23 ) to the Department of Child Services ( 465 IAC 2-9-23 ) by P.L.
					 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 9 - Children's Homes and Child Caring Institutions › Section 9-24 - "Provisional license" defined

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 24.
As used in this rule, "provisional license" means a license
				  issued to a child caring institution which is temporarily unable to conform to
				  all rules of the SDPW.
Transferred from the Division of Family Resources ( 470
					 IAC 3-11-24 ) to the Department of Child Services ( 465 IAC 2-9-24 ) by P.L.
					 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 9 - Children's Homes and Child Caring Institutions › Section 9-25 - "Psychotropic medication" defined

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 25.
As used in this rule, "psychotropic medication" means a drug
				  or substance which exerts an effect upon the mind and is capable of modifying
				  mental activity.
Transferred from the Division of Family Resources ( 470
					 IAC 3-11-25 ) to the Department of Child Services ( 465 IAC 2-9-25 ) by P.L.
					 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 9 - Children's Homes and Child Caring Institutions › Section 9-26 - "SBH" defined

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 26.
As used in this rule, "SBH" means the Indiana state board of
				  health.
Transferred from the Division of Family Resources ( 470
					 IAC 3-11-26 ) to the Department of Child Services ( 465 IAC 2-9-26 ) by P.L.
					 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 9 - Children's Homes and Child Caring Institutions › Section 9-27 - "SDPW" or "department" defined

Current through July 10, 2024
Authority: IC 31-27-2-4
Affected: IC 31-25-1-1; IC 31-27-3
Sec. 27.
As used in this rule, "SDPW" or "department" means the
				  department of child services established by IC 31-25-1-1.
Transferred from the Division of Family Resources ( 470
					 IAC 3-11-27 ) to the Department of Child Services ( 465 IAC 2-9-27 ) by P.L.
					 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 9 - Children's Homes and Child Caring Institutions › Section 9-28 - "SFM" defined

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 28.
As used in this rule, "SFM" means the office of the state
				  fire marshal.
Transferred from the Division of Family Resources ( 470
					 IAC 3-11-28 ) to the Department of Child Services ( 465 IAC 2-9-28 ) by P.L.
					 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 9 - Children's Homes and Child Caring Institutions › Section 9-29 - "Staff development" defined

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 29.
As used in this rule, "staff development" means an ongoing
				  educational process to enhance skills which relate to current employment. It
				  may include, but is not limited to, workshops, reading, formal training, films,
				  training by supervisors or consultants, and may be in subject areas such as
				  child care, child development, emergency and first aid procedures, and behavior
				  management.
Transferred from the Division of Family Resources ( 470
					 IAC 3-11-29 ) to the Department of Child Services ( 465 IAC 2-9-29 ) by P.L.
					 234-2005, SECTION 195, effective July 1,
					 2005.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 9 - Children's Homes and Child Caring Institutions › Section 9-30 - "Treatment plan" defined

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.4
Sec. 30.
As used in this rule, "treatment plan" means a
				  goal-oriented, time-limited, individualized program of action for a child and
				  his or her family, developed by the child caring institution in cooperation
				  with the placing agency and the family.
Transferred from the Division of Family Resources ( 470
					 IAC 3-11-30 ) to the Department of Child Services ( 465 IAC 2-9-30 ) by P.L.
					 234-2005, SECTION 195, effective July 1,
					 2005.