reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 1.5 - Licensing of Foster Family Homes for Children › Section 1.5-4 - Qualifications of the foster family; confidentiality

Current through July 10, 2024
Authority: IC
				  31-27-2-4
Affected: IC 31-27-4
Sec. 4.
Foster parents shall keep confidential all personal
				  information received, or contained in the records the department requires
				  foster parents to keep, concerning a child and his or her family members.
				  Confidential information about a child or the child's family members may be
				  disclosed only as permitted by law and with the consent of the department.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 1.5 - Licensing of Foster Family Homes for Children › Section 1.5-5 - Qualifications of the foster family; finances

Current through July 10, 2024
Authority: IC
				  31-27-2-4
Affected: IC 31-27-4
Sec. 5.
(a) Foster
				parents shall demonstrate that the household has sufficient income and
				appropriate fiscal management to maintain its stability and security without a
				foster care payment.
(b) Foster
				care payments received on behalf of the child are intended for the sole benefit
				and care of the child while in foster care.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 1.5 - Licensing of Foster Family Homes for Children › Section 1.5-6 - Qualifications of the foster family; health

Current through July 10, 2024
Authority: IC
				  31-27-2-4
Affected: IC 31-27-4
Sec. 6.
(a) The
				physical and mental health of all members of the foster family or other
				individuals living in the foster family home, excluding foster children, shall
				be such that it will not be detrimental to the health and welfare of the foster
				children.
(b) The individuals
				described in subsection (a) must present a medical history form at initial
				licensure and relicensure. The form must be completed by a physician or
				certified health practitioner.
(c)
				Once licensed, foster parents shall notify the department or their child
				placing agency whenever the physical or mental health of a member of the
				household changes significantly. If a person in the foster family home should
				contract a communicable disease, suitable health precautions should be taken
				for protection of the child as determined by the department and child placing
				agency, or the child may not be permitted to remain in the foster family home.
				Suitable health precautions must be based on recommendations from appropriate
				medical professionals.
(d) The
				department or child placing agency may require additional documentation or a
				physical, mental, or psychological examination of any member of the foster
				family household, if the person exhibits characteristics or behaviors that
				indicate or could indicate that he or she is unable to provide for the standard
				of care of the child as specified in this rule.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 1.5 - Licensing of Foster Family Homes for Children › Section 1.5-7 - Qualifications of the foster family; character and suitability

Current through July 10, 2024
Authority: IC
				  31-27-2-4
Affected: IC 31-27-4
Sec. 7.
(a) Foster
				parents shall be responsible individuals of reputable character who:
(1) exercise sound judgment; and
(2) display the capacity and motivation to
				provide good care for children.
Foster parents' household members and those who work or
				  volunteer in the foster family home and have or will have direct contact, on a
				  regular and continuing basis, with children who are or will be under the direct
				  supervision of the foster parents shall be responsible individuals of reputable
				  character.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 1.5 - Licensing of Foster Family Homes for Children › Section 1.5-8 - Physical facilities of the foster family home; general

Current through July 10, 2024
Authority: IC
				  31-27-2-4
Affected: IC 31-27-4
Sec. 8.
(a) The
				foster family home shall be located, constructed, arranged, and maintained to
				provide adequately for the health, safety, and moral welfare of all
				occupants.
(b) The foster family
				home shall have:
(1) adequate study space;
				and
(2) access to indoor or outdoor
				recreation space.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 1.5 - Licensing of Foster Family Homes for Children › Section 1.5-9 - Physical facilities of the foster family home; bedrooms and bathrooms

Current through July 10, 2024
Authority: IC
				  31-27-2-4
Affected: IC 31-27-4
Sec. 9.
(a) Bedrooms
				shall have adequate ventilation for the health, safety, and welfare of the
				child.
(b) Bedrooms shall be
				clearly identified as bedrooms. Living, dining, and other areas not commonly
				used for sleeping shall not be used for a bedroom. A bedroom located in a
				basement cannot be utilized for a child unless a waiver is granted by the
				department. The waiver must be specific to a particular child and cannot be a
				blanket waiver. Factors to consider in granting a waiver include, but are not
				limited to, the following:
(1) Whether the
				bedroom is in an area of the basement that is finished.
(2) Whether the bedroom has two (2) easily
				accessible forms of egress to the outside.
(3) The age (in terms of years and
				development) of the child that will be utilizing the bedroom.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 1.5 - Licensing of Foster Family Homes for Children › Section 1.5-10 - Physical facilities of the foster family home; safety; general

Current through July 10, 2024
Authority: IC
				  31-27-2-4
Affected: IC 31-27-4
Sec. 10.
(a) Pets:
(1) Current documentation shall be maintained
				by the foster parents that household pets have had vaccinations required by
				law.
(2) Household pets known to be
				vicious or infected with any disease transmittable to humans may not be kept by
				the foster parents.
(3) Children
				shall, according to their ages and level of functioning, be protected from
				animals that are potentially dangerous to their health.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 1.5 - Licensing of Foster Family Homes for Children › Section 1.5-11 - Physical facilities of the foster family home; safety; fire and safety hazards

Current through July 10, 2024
Authority: IC
				  31-27-2-4
Affected: IC 31-27-4
Sec. 11.
(a) The
				foster family home shall be kept free from all unnecessary fire and safety
				hazards.
(b) The foster family home
				shall have one (1) smoke detector that is within ten (10) feet of each bedroom
				door, with at least one (1) smoke detector in operating condition on each level
				of the home and at least one (1) two and one-half (2 1/2) pounds or greater ABC
				type fire extinguisher in operating condition on each floor of the
				home.
(c) A carbon monoxide
				detector shall be required in the foster family home unless only electricity is
				used for cooking and heating the home.
(d) Heating devices, such as:
(1) radiators;
(2) space heaters;
(3) wood stoves;
(4) fireplaces; and
(5) hot water pipes;
within the reach of children shall be screened or otherwise
				  protected as deemed necessary for children being cared for in the foster family
				  home. Portable space heaters and candles shall not be left unattended and shall
				  not be used in rooms where children are sleeping. Heating appliances using
				  combustible fuel shall be vented to the outside.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 1.5 - Licensing of Foster Family Homes for Children › Section 1.5-12 - Physical facilities of the foster family home; safety; cleanliness and sanitation

Current through July 10, 2024
Authority: IC
				  31-27-2-4
Affected: IC 31-27-4
Sec. 12.
(a) The
				foster family home shall:
(1) conform to the
				sanitary laws and ordinances of the state and the city or town in which it is
				located;
(2) be clean overall;
				and
(3) be maintained as to prevent
				or eliminate, or both, rodent, insect, or lice infestation. This includes the
				presence of screens on windows and doors if used for ventilation.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 1.5 - Licensing of Foster Family Homes for Children › Section 1.5-13 - Care of children; general

Current through July 10, 2024
Authority: IC
				  31-27-2-4
Affected: IC 31-27-4
Sec. 13.
(a) The
				foster family shall include the child in the normal routine of the foster
				family unless the department determines that specific aspects of the routine
				are inappropriate. No child shall be subjected to cruelty, neglect, or
				exploitation.
(b) Foster parents
				must provide supervision and care that meets the needs of each child's:
(1) age;
(2) level of development;
(3) independence; and
(4) responsibility.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 1.5 - Licensing of Foster Family Homes for Children › Section 1.5-14 - Care of children; education or training

Current through July 10, 2024
Authority: IC 31-27-2-4
Affected: IC 31-27-4
Sec. 14.
(a) Foster
				parents shall:
(1) cooperate with the
				department and CPA to implement the education or training plan for the child;
				and
(2) work with the school,
				department, and CPA to advocate for the child in educational planning and
				follow through, including, but not limited to, the planning for and
				follow-through with any applicable individualized educational program (IEP), as
				defined at
				511
				IAC 7-32-48.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 1.5 - Licensing of Foster Family Homes for Children › Section 1.5-15 - Care of children; cultural and religious heritage

Current through July 10, 2024
Authority: IC
				  31-27-2-4
Affected: IC 31-27-4
Sec. 15.
(a) Foster
				parents must:
(1) respect the culture of the
				children placed in their care;
(2)
				make every attempt to support the child's culture; and
(3) provide opportunities, if applicable, for
				the child to participate in activities related to their cultural
				heritage.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 1.5 - Licensing of Foster Family Homes for Children › Section 1.5-16 - Care of children; discipline

Current through July 10, 2024
Authority: IC
				  31-27-2-4
Affected: IC 31-27-4
Sec. 16.
(a) The
				foster parents shall be responsible for discipline. Discipline shall:
(1) not be delegated to:
(A) the child's peers; or
(B) persons who are strangers to the
				child;
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 1.5 - Licensing of Foster Family Homes for Children › Section 1.5-17 - Physical restraint

Current through July 10, 2024
Authority: IC
				  31-27-2-4
Affected: IC 31-27-4
Sec. 17.
(a) Foster
				parents shall not use mechanical or chemical restraints on the child.
(b) Foster parents may not use physical
				restraint on a child unless:
(1) it is
				specifically authorized by the department in advance in writing;
(2) the foster parent has been appropriately
				trained and certified by a department approved body in the prevention and use
				of physical restraint;
(3) it is an
				emergency situation and the child is a clear and present danger to himself or
				herself or others; and
(4) less
				restrictive interventions have been determined to be ineffective.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 1.5 - Licensing of Foster Family Homes for Children › Section 1.5-18 - Care of children; clothing and personal items

Current through July 10, 2024
Authority: IC
				  31-27-2-4
Affected: IC 31-27-4
Sec. 18.
(a) Foster
				parents shall do the following:
(1) Provide
				each child with his or her own clean, well-fitted, seasonal clothing
				appropriate to age, sex, individual, and educational needs and maintain and
				update the child's clothing accordingly.
(2) Include the child in the selection of the
				child's own clothing whenever possible.
(3) Allow the child to bring to the home and
				acquire appropriate personal belongings.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 1.5 - Licensing of Foster Family Homes for Children › Section 1.5-19 - Care of children; health

Current through July 10, 2024
Authority: IC
				  31-27-2-4
Affected: IC 31-27-4; IC 31-28-3
Sec. 19.
(a) The
				foster parents shall do the following:
(1)
				Cooperate with the department and CPA in providing proper:
(A) physical;
(B) mental;
(C) dental;
(D) visual;
(E) auditory; and
(F) developmental;
care for the child.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 1.5 - Licensing of Foster Family Homes for Children › Section 1.5-20 - Care of children; diet and nutrition

Current through July 10, 2024
Authority: IC
				  31-27-2-4
Affected: IC 31-27-4
Sec. 20.
(a) The
				foster family shall provide food of sufficient quality and quantity to meet the
				nutritional, medical, and psychological requirements of the child. The child's
				diet shall be well-balanced. The foster parents shall:
(1) provide any special diets as recommended
				by the child's physician; and
(2)
				accommodate the child's cultural and religious needs.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 1.5 - Licensing of Foster Family Homes for Children › Section 1.5-21 - Care of children; extracurricular activities

Current through July 10, 2024
Authority: IC
				  31-27-2-4
Affected: IC 31-27-4
Sec. 21.
Foster parents shall encourage participation in
				  extracurricular activities that are appropriate to the age and abilities of the
				  child. All organized activities shall be supervised by:
(1) the foster parents;
(2) another adult caregiver designated by the
				foster parents; or
(3) the
				designated group leader.
Foster parents shall encourage the child to take part in
				  community services and activities both with the foster family and individually.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 1.5 - Licensing of Foster Family Homes for Children › Section 1.5-22 - Foster parent training

Current through July 10, 2024
Authority: IC
				  31-27-2-4
Affected: IC 31-27-4
Sec. 22.
(a) Each
				foster parent applicant shall do the following:
(1) Successfully complete as a part of the
				family preparation process preservice training as specified by the department,
				but in no case less than ten (10) hours of training, prior to being initially
				licensed as a foster home.
(2)
				Submit evidence of the successful completion of a current course in first aid
				prior to initial licensure. The foster parent must maintain continuous
				certification during the licensing period and at relicensure. An updated Red
				Cross first aid manual or its equivalent shall be available in the foster
				home.
(3) Submit evidence of the
				successful completion of a current course in infant, child, and adult coronary
				pulmonary resuscitation (CPR) prior to initial licensure. The foster parent
				must maintain continuous certification during the licensing period and at
				relicensure. An updated Red Cross CPR manual or its equivalent shall be
				available in the foster home.
(4)
				Submit evidence of the successful completion of a current course in universal
				precautions prior to initial licensure. The foster parent must maintain
				continuous certification during the licensing period and at
				relicensure.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 2 - Licensing of Child Placing Agencies › Section 2-1 - Definition of child-placing agency or business of placing children

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.2
Sec. 1.
Child-Placing Agency or the Business of Placing Children,
				  Definition. A child-placing agency is defined as any person, association or
				  corporation who advertises himself or itself or holds himself or itself out as
				  placing or finding homes for or otherwise disposing of children or who places
				  or assists in placing in homes of persons other than relatives or causes or
				  assists in causing the placement for adoption or disposal otherwise of
				  children.
Sec. 5, Ch. 185, Acts 1945; Burns 22-2420
Transferred from the Division of Family Resources ( 470
					 IAC 3-2-1 ) to the Department of Child Services ( 465 IAC 2-2-1 ) 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 2 - Licensing of Child Placing Agencies › Section 2-1.1 - "Department" and "state department of public welfare" defined

Current through July 10, 2024
Authority: IC
				  31-27-2-4
Affected: IC
				  31-25-1-1;
				  IC 31-27-6
Sec. 1.1.
As used in this rule, "department" or "state department of
				  public welfare" means the 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 2 - Licensing of Child Placing Agencies › Section 2-1.2 - "Enhanced supervision" defined

Current through July 10, 2024
Authority: IC
				  31-27-2-4
Affected: IC 31-27-6
Sec. 1.2.
As used in this rule, "enhanced supervision" means
				  additional daily supervision that a foster parent will be required to provide
				  for a child with extraordinary needs, based on categories of supervision
				  established by the department.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 2 - Licensing of Child Placing Agencies › Section 2-2 - Application for license for child-placing agency

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.2
Sec. 2.
Application for License for Child-Placing Agency.
				  Application for a license to operate a child-placing agency shall be submitted
				  to the State Department of Public Welfare on the forms provided for that
				  purpose by the State Department of Public Welfare.
Sec. 6, Ch. 185, Acts 1945; Burns 22-2421
Sec. 12, Ch. 185, Acts 1945; Burns 22-2427
Transferred from the Division of Family Resources ( 470
					 IAC 3-2-2 ) to the Department of Child Services ( 465 IAC 2-2-2 ) 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 2 - Licensing of Child Placing Agencies › Section 2-3 - Governing board

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.2
Sec. 3.
Governing Board. Each child-placing agency shall be
				  organized so that the responsibility for the agency's practices, procedures and
				  administrative policies is vested in an advisory board or local governing body
				  composed of not less than three responsible citizens.
Sec. 12, Ch. 185, Acts 1945; Burns 22-2427
Transferred from the Division of Family Resources ( 470
					 IAC 3-2-3 ) to the Department of Child Services ( 465 IAC 2-2-3 ) 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 2 - Licensing of Child Placing Agencies › Section 2-4 - Financing

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.2
Sec. 4.
Financing. Each child-placing agency shall maintain at all
				  times adequate financial resources to meet the minimum standards required by
				  the rules and regulations of the State Department of Public Welfare, and shall
				  furnish annually to the State Department of Public Welfare and at such other
				  times as may be requested by the the State Department of Public Welfare
				  satisfactory evidence of such financial ability.
Sec. 12, Ch. 185, Acts 1945; Burns 22-2427
Transferred from the Division of Family Resources ( 470
					 IAC 3-2-4 ) to the Department of Child Services ( 465 IAC 2-2-4 ) 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 2 - Licensing of Child Placing Agencies › Section 2-5 - Personnel; standards for number and type of employees

Current through July 10, 2024
Authority: IC 31-27-2-4
Affected: IC 31-27-6
Sec. 5.
(a) Each
				child-placing agency shall employ a competent, qualified, and reputable
				executive, and a sufficient number of competent and qualified employees to
				provide adequate supervision and service for the children under care of the
				agency. The casework supervisor employed by such agency shall have the
				following:
(1) a master's degree or higher
				from an accredited school in:
(A) social
				work;
(B) counseling; or
(C) a related human service area of
				study;
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 2 - Licensing of Child Placing Agencies › Section 2-7 - Office space and equipment

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.2
Sec. 7.
Office Space and Equipment.
(a) Each child-placing agency shall maintain
				offices providing adequate space, heat, light, ventilation, and office
				equipment, and shall be easily accessible to the community.
(b) Each child-placing agency shall maintain
				office facilities for private interviews and supervisory conferences.
Sec. 6, Ch. 185, Acts 1945; Burns 22-2421
Sec. 11, Ch. 185, Acts 1945; Burns 22-2426
Sec. 12, Ch. 185, Acts 1945; Burns 22-2427
Transferred from the Division of Family Resources ( 470
					 IAC 3-2-7 ) to the Department of Child Services ( 465 IAC 2-2-7 ) 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 2 - Licensing of Child Placing Agencies › Section 2-8 - Records and reports

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.2
Sec. 8.
Records and Reports.
(a) Each child-placing agency shall maintain
				records in a systematic manner, which shall include financial records,
				statistical records, an index of the exact location of each child in the care
				of the agency, and an index of all case and foster home records, and all case
				records and foster home records shall be kept in locked metal or fire-resistive
				files.
(b) Each child-placing
				agency shall also maintain a case record on each child or family of children in
				the care of the child-placing agency, which record shall include: a face sheet
				giving all identifying information; health record showing history of diseases,
				immunizations, physical examinations and treatment; consent for emergency
				operations and use of anaesthetics; identifying information on placements of
				the child. Each case record shall also include a narrative record giving the
				social information which was secured at intake; reasons for accepting the child
				for placement; reasons for making specific plans for a child; reasons for
				changes in plans or changes in placements; development and adjustment of the
				child in placement; work with the child's family; supervision of the child in
				placement in foster care; reasons for discharge of the child from the care of
				the agency. Each case record shall also include any reports of psychological
				examinations or psychiatric consultations or interviews, school records, or
				legal papers or written agreements with relatives or other agencies.
(c) Each child-placing agency shall maintain
				a record for each foster home used by the child-placing agency which shall
				include: application; report of the study of the foster family; record of the
				child or children placed in the home; regular evaluations of the use of the
				foster home.
Sec. 14, Ch. 185, Acts 1945; Burns 22-2429
Transferred from the Division of Family Resources ( 470
					 IAC 3-2-8 ) to the Department of Child Services ( 465 IAC 2-2-8 ) 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 2 - Licensing of Child Placing Agencies › Section 2-9 - Intake and initial social study; written policies

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.2
Sec. 9.
Intake and Initial Social Study.
(a) Each child-placing agency shall adopt
				written policies in regard to accepting children for placement in foster
				care.
(b) Each child-placing agency
				shall secure and record sufficient social information to determine that
				placement of a child in foster care is for the best interests of the child,
				before making such placement.
Sec. 12, Ch. 185, Acts 1945; Burns 22-2427
Sec. 14, Ch. 185; Acts 1945; Burns 22-2429
Transferred from the Division of Family Resources ( 470
					 IAC 3-2-9 ) to the Department of Child Services ( 465 IAC 2-2-9 ) 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 2 - Licensing of Child Placing Agencies › Section 2-10 - Placement and supervision; written policies; continuing responsibility while in foster care

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.2
Sec. 10.
Placement and Supervision.
(a) Each child-placing agency shall use only
				those boarding homes and child-caring institutions which are licensed under the
				laws of the State of Indiana or the laws of the state in which such boarding
				home or child-caring institution is located.
(b) Each child-placing agency shall adopt
				written policies for the study and use of adoptive, work, wage, and free homes,
				if such homes are used.
(c) Each
				child-placing agency shall adopt written policies for the use of boarding homes
				and child-caring institutions, if such homes and institutions are
				used.
(d) Each child-placing
				agency, after giving due consideration to the emotional and physical needs and
				religious background of the child or parents of the child, shall select a
				foster home or child-caring institution wherein the foster care given to the
				child will be for the best interests of the child.
(e) Each child-placing agency shall replace a
				child in foster care only when such replacement will serve the best interests
				of the child.
(f) Each
				child-placing agency shall, after giving due regard to the best interests of
				the child, provide for regular supervisory visits to each child in foster
				care.
(g) Each child-placing agency
				shall, after placement of a child in foster care, plan for case work with the
				child's own family, the amount and kind of such work to be determined by the
				best interests of the child and his family.
(h) Each child-placing agency shall continue
				responsibility for a child who has been placed in foster care until: The child
				is returned to his own family and the family no longer desires or needs the
				services of the agency; legal adoption has been completed; the responsibility
				for his care has been transferred to another agency; the child reaches 21 years
				of age; or it is determined that the child can function on his own
				responsibility and that his best interests will be served by discontinuing
				responsibility.
Sec. 12, Ch. 185, Acts 1945; Burns 22-2427
Transferred from the Division of Family Resources ( 470
					 IAC 3-2-10 ) to the Department of Child Services ( 465 IAC 2-2-10 ) 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 2 - Licensing of Child Placing Agencies › Section 2-11 - Health program; physical and dental examinations

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.2
Sec. 11.
Health Program.
(a)
				Each child-placing agency shall establish and maintain a definite health
				program for the care of children accepted and placed in foster care, which
				shall include a definite plan for the care of sick children and children
				requiring surgical care; and such program shall be approved by the State Board
				of Health.
(b) Each child, upon
				acceptance by the child-placing agency for placement in foster care, shall be
				given a thorough physical examination by a duly licensed physician, and every
				reasonable effort shall be made by the child-placing agency to provide or
				arrange for any treatment recommended by the examining physician.
(c) Each child in foster care shall be given
				a physical examination at least annually, or as often as the age or condition
				of the child requires, by a duly licensed physician, and every reasonable
				effort shall be made by the child-placing agency to provide or arrange for any
				treatment recommended by the examining physician.
(d) Each child, upon acceptance by the
				child-placing agency for placement in foster care, shall be given a dental
				examination, and shall also be given a dental examination annually thereafter,
				and any treatment recommended by the examining dentist shall be provided or
				arranged for by the child-placing agency. Whenever the condition of any child
				indicates need for dental examination or treatment, the child shall be examined
				by a duly licensed dentist, and any treatment required shall be provided or
				arranged for by the child-placing agency.
(e) Each child-placing agency shall maintain
				a record of the medical and dental history and treatment of each child.
Sec. 12, Ch. 185, Acts 1945; Burns 22-2427
Transferred from the Division of Family Resources ( 470
					 IAC 3-2-11 ) to the Department of Child Services ( 465 IAC 2-2-11 ) 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 2 - Licensing of Child Placing Agencies › Section 2-12 - Exceptions and variances; written application

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17.2
Sec. 12.
Exceptions and Variances. The State Department of Public
				  Welfare, the State Board of Health, and the State Fire Marshal shall have
				  authority to grant exceptions or variances of the provisions of these rules and
				  regulations
[ 470 IAC 3-2 ]
upon application in writing to the
				  State Department of Public Welfare by the operator or licensee of a
				  child-placing agency or its duly authorized agent when there are practical
				  difficulties in the way of carrying out the strict letter of these rules and
				  regulations
[ 470 IAC 3-2 ]
but when there is substantial or
				  equivalent compliance with the spirit and intent of these rules and regulations
[ 470 IAC 3-2 ]
. Any exception or variance granted shall be
				  entered upon the records of the State Department of Public Welfare as the
				  licensing agency and upon the records of the respective state agency granting
				  the exception or variance, and a signed copy shall be furnished the
				  applicant.
Sec. 7, Ch. 185, Acts 1945; Burns 22-2422
Transferred from the Division of Family Resources ( 470
					 IAC 3-2-12 ) to the Department of Child Services ( 465 IAC 2-2-12 ) 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 3 - Interstate and Intercountry Child Placing Regulations › Section 3-1 - Interstate compact on the placement of children

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17-8
Sec. 1.
(a)
				Definitions as used in 470 IAC 3-5.1:
(1)
				"Child" means a person who, by reason of minority, is legally subject to
				parental, guardianship or similar control.
(2) "Sending agency" means a party state, or
				officer or employee thereof; a subdivision of a party state, or officer or
				employee thereof; a court of a party state; a person, corporation, association,
				charitable agency or other entity which sends, brings, or causes to be sent or
				brought any child to another party state.
(3) "Receiving state" means the state to
				which a child is sent, brought, or caused to be sent or brought, whether by
				public authorities or private persons or agencies, and whether for placement
				with state or local public authorities or for placement with private agencies
				or persons.
(4) "Placement" means
				the arrangement for the care of a child by an individual in a free home, in a
				boarding home, or in a child-caring agency or institution but does not include
				any institution caring for the mentally ill, mentally defective or epileptic or
				any institution primarily educational in character, and any hospital or other
				medical facility.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 3 - Interstate and Intercountry Child Placing Regulations › Section 3-2 - Intercountry placement regulations

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 12-17-8
Sec. 2.
(a) Approval
				of international child placing agencies. Any international child placing agency
				which desires to place foreign born children in Indiana must have the prior
				approval of the state department of public welfare (SDPW). This approval is
				based upon:
(1) written verification said
				agency is currently licensed as a child placing agency by the state in which it
				operates; and
(2) written
				verification that all placements made by said agency will comply with the
				interstate compact on the placement of children (ICPC) and the laws and
				regulations of Indiana.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 4 - Interstate Compacts on Adoption and Medical Assistance › Section 4-1 - Interstate compact on adoption and medical assistance

Current through July 10, 2024
Authority: IC 31-19-29-2; IC 31-19-29-3; IC 31-25-2-18
Affected: IC 31-19-29
Sec. 1.
The department of child services shall enter into an
				  interstate compact on adoption and medical assistance, hereinafter referred to
				  as the compact, to provide procedures for adoption and medical assistance for
				  interstate children. The compact shall comply with the provisions of this rule
				  and IC 31-19-29-3. This rule shall apply to all interstate adoption assistance
				  agreements.
Transferred from the Division of Family Resources ( 470
					 IAC 3-5.3-1 ) to the Department of Child Services ( 465 IAC 2-4-1 ) 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 4 - Interstate Compacts on Adoption and Medical Assistance › Section 4-2 - Definitions

Current through July 10, 2024
Authority: IC 31-19-29-2; IC 31-25-2-18
Affected: IC 31-19-26.5; IC 31-19-29; IC 31-25-1-1
Sec. 2.
(a) As used
				in this rule, "adoption assistance" means the payment or payments for the
				maintenance of a child that are made or committed to be made pursuant to the
				adoption assistance program established by the laws of a party state.
(b) As used in this rule, "adoption
				assistance state" means the state that is signatory to an adoption assistance
				agreement in a particular case.
(c)
				As used in this rule, "child with special needs" has the meaning set forth in
				465 IAC
				4-1-22(b).
(d) As used in this rule, "department" means
				the department of child services established under IC 31-25-1-1.
(e) As used in this rule, "parents" means
				either the singular or plural of the word "parent".
(f) As used in this rule, "residence state"
				means the state in which the child is a resident by virtue of the residence of
				the adoptive parents.
(g) As used
				in this rule, "state" means a state of the United States, the District of
				Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands,
				Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or a
				territory or possession of or administered by the United States.
Transferred from the Division of Family Resources ( 470
					 IAC 3-5.3-2 ) to the Department of Child Services ( 465 IAC 2-4-2 ) 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 4 - Interstate Compacts on Adoption and Medical Assistance › Section 4-3 - Adoption assistance

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 31-3-5
Sec. 3.
(a) The
				department shall determine the amounts of adoption assistance and other aid
				which it will give to children with special needs and their adoptive parents in
				accordance with its own laws and programs.
(b) The adoption assistance, medical
				assistance, and other services and benefits to which this rule applies are
				those provided to children with special needs and their adoptive parents from
				the effective date of the adoption assistance agreement.
(c) Every case of adoption assistance shall
				include a written adoption assistance agreement between the adoptive parents
				and the appropriate agency of the state undertaking to provide the adoption
				assistance. Every such agreement shall contain provisions for the fixing of
				actual or potential interstate aspects of the assistance so provided as
				follows:
(1) An express commitment that the
				assistance so provided shall be payable without regard for the state of
				residence of the adoptive parents, both at the outset of the agreement period
				and at all times during its continuance.
(2) A provision setting forth with
				particularity the types of care and services toward which the adoption
				assistance state will make payments.
(3) A commitment to make medical assistance
				available to the child in accordance with section 4 of this rule.
(4) An express declaration that the agreement
				is for the benefit of the child, the adoptive parents, and the state and that
				it is enforceable by any or all of them.
(5) The date or dates upon which each payment
				or other benefit provided thereunder is to commence, but in no event prior to
				the effective date of the adoption assistance agreement.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 4 - Interstate Compacts on Adoption and Medical Assistance › Section 4-5 - Compact administration

Current through July 10, 2024
Authority: IC 12-13-5-3
Affected: IC 31-3-5
Sec. 5.
(a) The
				department, by its administrator, shall designate a compact administrator and
				such deputy compact administrators as it deems necessary. The compact
				administrator shall coordinate all activities under this compact within his or
				her state. The compact administrator shall also be the principal contact for
				officials and agencies within and without the state for the facilitation of
				interstate relations involving this compact and the protection of benefits and
				services provided pursuant thereto. ln this capacity, the compact administrator
				will be responsible for assisting child welfare agency personnel from other
				party states and adoptive families receiving adoption and medical assistance on
				an interstate basis.
(b) Acting
				jointly, the compact administrators shall develop uniform forms and
				administrative procedures for the interstate monitoring and delivery of
				adoption and medical assistance benefits and services pursuant to this rule.
				The forms and procedures so developed may deal with such matters as follows:
(1) Documentation of continuing adoption
				assistance eligibility.
(2)
				Interstate payments and reimbursements.
(3) Any and all other matters arising
				pursuant to this compact.
Indiana Administrative Code › Title 465 - DEPARTMENT OF CHILD SERVICES › Article 2 - CHILD WELFARE SERVICES › Rule 5 - Release of Information to Individuals Engaged in Research Projects on Child Abuse › Section 5-1 - Release of information to individuals engaged in research projects on child abuse; written request; good faith research project; qualifying individual

Current through July 10, 2024
Authority: IC 12-13-2-3; IC 12-13-5-3
Affected: IC 4-1-6-8.6
Sec. 1.
Under the provisions of IC 31-5.5-3-18
[Repealed by
				  Acts 1979, P.L. 276, SECTION 60.]
upon the receipt of a written
				  request the county department of public welfare or a local child protection
				  service shall disclose to any qualifying individual engaged in a good faith
				  research project information of a general nature concerning child abuse or
				  other statistical or social data used in connection with studies, reports, or
				  surveys on child abuse or information related to the function and activities of
				  that department or the child protection team in the field of child abuse if the
				  information to be released does not identify or reasonably tend to identify
				  alleged abusers or the parties alleged to have been abused.
Upon approval of the completed State Department of Public
				  Welfare Form 116, "Application for Child Abuse Research," the Administrator of
				  the State Department shall authorize the appropriate county department to
				  disclose copies of materials from case records to a qualifying individual
				  engaged in a good faith research project if in the opinion of the Administrator
				  the copies to be released do not identify or reasonably tend to identify the
				  parties involved in the case and the information is not the subject of pending
				  litigation.
A "good faith research project" as used in this regulation
				  shall consist of research conducted for and to be utilized for the purpose of
				  furthering the aims of child abuse prevention or furthering the aim of
				  providing better social, psychological or medical treatment to the victims and
				  the perpetrators of child abuse.
A "qualifying individual" as used in this regulation shall
				  include a bona fide professional, or a bona fide student at an accredited
				  college or university who is practicing or majoring in certain academic areas
				  which have an interest in child welfare. Examples include but are not limited
				  to the fields of sociology, psychology, law, criminology, health education,
				  medicine and child development.
IC 12-1-2-2
[IC 12-1 was repealed by P.L. 2-1992,
				  SECTION 897, effective February 14, 1992.]
IC 12-1-2-3
[IC 12-1 was repealed by P.L. 2-1992,
				  SECTION 897, effective February 14, 1992.]
IC 31-5.5-3-18
[Repealed by Acts 1979, P.L. 276,
				  SECTION 60.]
Transferred from the Division of Family Resources ( 470
					 IAC 3-7-1 ) to the Department of Child ( 465 IAC 2-5-1 ) 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 6 - Adoption Assistance; Foster Care Assistance; Incorporations by Reference, Titles IV(B) and (E) of the Social Security Act › Section 6-1 - Public Law 96-272; acceptance

Current through July 10, 2024
Authority: IC 12-13-2-3; IC 12-13-5-3
Affected: IC 31-3-1
Sec. 1.
Acceptance of P.L. 96-272 Provisions. The State of Indiana
				  hereby accepts the provisions of Federal Law 96-272, the "Adoption Assistance
				  and Child Welfare Act of 1980" and all federal rules and regulations
				  hereinafter promulgated thereunder.
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.]
Transferred from the Division of Family Resources ( 470
					 IAC 3-9-1 ) to the Department of Child Services ( 465 IAC 2-6-1 ) 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 6 - Adoption Assistance; Foster Care Assistance; Incorporations by Reference, Titles IV(B) and (E) of the Social Security Act › Section 6-2 - Goal; maximum duration of foster care period before placement

Current through July 10, 2024
Authority: IC 12-13-2-3; IC 12-13-5-3
Affected: IC 31-3-1
Sec. 2.
(a) Federal
				legislation requires each state to establish foster care goals for each fiscal
				year. These goals pertain to the number of children receiving Title
				IV(E)-Foster Care Assistance who will remain in foster care for more than two
				(2) years as compared to the total number of children receiving Title
				IV(E-Foster Care. This relationship is a percentage.
(b) The percentage of children receiving
				Title IV(E-Foster Care Assistance, pursuant to
				42
				U.S.C. 670, et seq., who will remain in
				foster care in excess of twenty-four (24) months commencing with the federal
				fiscal year beginning October 1, 1988, shall be twenty-two percent (22%). For
				each subsequent federal fiscal year until September 30, 1993, this percentage
				shall be further reduced annually by three-tenths of one percent (.3%).
Transferred from the Division of Family Resources ( 470
					 IAC 3-9-2 ) to the Department of Child Services ( 465 IAC 2-6-2 ) 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 6 - Adoption Assistance; Foster Care Assistance; Incorporations by Reference, Titles IV(B) and (E) of the Social Security Act › Section 6-3 - Case plan and case review

Current through July 10, 2024
Authority: IC 12-13-2-3; IC 12-13-5-3
Affected: IC 31-3-1
Sec. 3.
(a) A case
				plan, case review and statewide information (tracking) system, as defined and
				required by the Adoption Assistance and Child Welfare Act of 1980,
				42
				U.S.C. 670, et seq., shall be required for
				all children in a substitute care placement under the court-authorized
				supervision of the county welfare departments. Such case plans, case reviews
				and statewide information (tracking) system is also to be implemented for all
				county departments of public welfare wards remaining in their own
				homes.
(b) That the
				above-incorporation by reference of
				42
				U.S.C. 670, et seq. does not include any
				subsequent amendments or editions thereto.
IC 12-1-3(c)
[IC 12-1 was repealed by P.L. 2-1992,
				  SECTION 897, effective February 14, 1992.]
Transferred from the Division of Family Resources ( 470
					 IAC 3-9-3 ) to the Department of Child Services ( 465 IAC 2-6-3 ) 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 7-1 - Adoption assistance agreement; renewal; modifications; terminations (Repealed)

Current through July 10, 2024
Transferred from the Division of Family Resources (
					 470
					 IAC 3-10-1 ) to the Department of Child Services ( 465
					 IAC 2-7-1 ) by P.L. 234-2005, SECTION 195, effective July 1,
					 2005.