TITLE 465 DEPARTMENT OF CHILD SERVICES

Adds 465 IAC 2-14, concerning independent living transitional services plans (TSP), to define eligible persons as including an individual who is between 16 and 21 years of age, has received foster care after 16 years of age, and who is the subject of an open juvenile court case within 90 days before the individual will become 18 years of age; to include any individual who is or will become 18 years of age, or is emancipated by court order, while receiving foster care, or who is between 18 and 21 years of age and receiving older youth foster care under IC 31-28-5.7; to specify available independent living services and life skills assessment requirements; to provide a procedure for development of a detailed personalized TSP, jointly by the youth and department of child services (DCS) or probation staff, with the assistance of other appropriate individuals identified and requested by the youth; to authorize DCS to develop a plan for independent living services, which may include the required elements of a TSP, for a potentially eligible individual who is 15.5 years of age; to require development and approval of a new or updated TSP for an eligible individual within 90 days before the individual becomes 18 years of age; to provide that the TSP will include details concerning specific options appropriate for the individual that include education and training, work force supports and employment services, housing, health care and health insurance, health care advance directives and appointment of health care representatives, problem solving skills development, opportunities for continuing support services including availability of mentors, and availability of financial assistance from governmental or nongovernmental sources; to describe other independent living services that may be provided in a TSP or other plan for independent living, including a transitional living placement for an individual in foster care at 17.5 years of age or older; to specify procedures for approval, amendment, duration, and termination of a TSP; to provide for independent living services through voluntary transition services agreements for certain youth for whom a TSP is not required; and to specify that DCS may develop and issue program services standards for independent living services provided through a TSP or voluntary transition services agreement. Effective 30 days after filing with the Publisher.

SECTION 1. 465 IAC 2-14 IS ADDED TO READ AS FOLLOWS:

Affected: IC 31-25-2-21

Sec. 1. The definitions in sections 2 through 9 of this rule apply throughout this rule.

Affected: IC 31-25-2-21

Sec. 2. "Assigned monitor" has the meaning set forth in 465 IAC 2-15-2.

Affected: IC 31-25-1

Sec. 3. "Department" means the department of child services established under IC 31-25-1 or a local office of the department.

Affected: IC 31-28-5.7; IC 31-34; IC 31-37

Sec. 4. (a) "Eligible youth" means an individual who:

(b) The term includes an individual who:

Affected: IC 31-9-2-71; IC 31-9-2-114; IC 31-27; IC 31-28-5.7; IC 31-34; IC 31-37

Sec. 5. (a) "Foster care" means residential care and supervision of an individual who is less than twenty-one (21) years of age, subject to subsection (b), in any of the following categories of homes or facilities:

(b) An eligible youth, as defined in section 4(a) of this rule, must be receiving foster care:

(c) The term does not include detention or housing of an individual in a:

Affected: IC 31-25-2-21

Sec. 6. (a) "Independent living services" shall include:

(b) "Independent living services" may include any of the following kinds of services that are intended to prepare the youth for self support and living arrangements that are self-sufficient and not subject to supervision by another individual or institution:

Affected: IC 31-25-2-21

Sec. 7. "Transitional living placement" means an apartment or other semi-independent living arrangement:

Affected: IC 12-15; IC 12-17.6; IC 31-25-2-21

Sec. 8. "Transitional services plan" means a comprehensive written plan that is personalized for the eligible youth and that includes information and specific options relating to each of the following subjects:

Affected: IC 31-25-2-21

Sec. 9. "Youth" means an individual who is fifteen (15) years of age or older, and less than twenty-one (21) years of age, unless otherwise specified in the applicable section of this rule.

Affected: IC 31-25-2-21; IC 31-28-5.7

Sec. 10. (a) If an individual who may become an eligible youth is in foster care at the time the youth becomes fifteen (15) years and six (6) months of age, the department, through the department's family case manager assigned to the youth's case or contracted independent living services provider, may develop, in conjunction with the youth, a plan for independent living services. If feasible and requested by the youth, the plan should be completed within thirty (30) days after the start of development of the plan. The plan may include any independent living services described in section 6(b) of this rule. The plan may, but is not required to, contain any or all of the elements of a transitional services plan, as defined in section 8 of this rule.

(b) If a transitional services plan for an eligible youth:

(c) If a transitional services plan:

(d) If an eligible youth:

Affected: IC 31-25-2-21; IC 31-27; IC 31-28-5.7; IC 31-34; IC 31-37

Sec. 11. (a) If the eligible youth is in foster care under wardship or court-ordered supervision of the department, the department's family case manager assigned to the case will work with the youth, and with other representatives of the youth or persons acting on his or her behalf, to develop and complete the transitional services plan as required under this rule.

(b) If the eligible youth is in foster care under court-ordered supervision of a county probation department or wardship of a person or shelter care facility in a case under IC 31-37, the probation officer assigned to the case will have primary responsibility for working with the youth, and with other representatives of the youth or persons acting on his or her behalf, to develop and complete the transitional services plan as required under this rule. If an independent living specialist employed by the department is not currently assigned to the case for purposes of monitoring, or assisting with implementation of, the youth's current case plan, the department will assign an independent living specialist or other appropriate staff resource to consult with and assist the probation officer, to the extent necessary or appropriate, in developing the transitional services plan.

(c) If, at the time for development of a transitional services plan, the eligible youth is residing in:

(d) If, at the time for development of a transitional services plan, the eligible youth is residing in:

(e) If, at the time for development of a transitional services plan, the eligible youth is receiving older youth foster care under IC 31-28-5.7 and 465 IAC 2-15, the assigned monitor will:

(f) The eligible youth is primarily responsible for developing a transitional services plan that is personalized and as detailed as the youth desires, subject to feasibility and reasonableness. If the youth has a guardian ad litem (GAL) or court-appointed special advocate (CASA), the assigned family case manager or probation officer will, with the approval of the youth, ask the GAL or CASA to participate in development of the plan. In addition, the youth may request one (1) or more other individuals to assist the youth in development of the plan.

(g) In developing a transitional services plan, the assigned family case manager, probation officer, or assigned monitor will consult with each service provider who is currently providing, or will provide, any independent living services to the eligible youth.

(h) In the event that:

(i) The completed transitional services plan shall be submitted for review and approval to the following:

(j) The approved transitional services plan shall be documented in a written agreement signed by the following individuals:

Affected: IC 16-36; IC 30-5-5-17; IC 31-30-2-1; IC 31-34; IC 31-37

Sec. 12. (a) A transitional services plan shall include, at a minimum, the independent living services specified in section 6(a) of this rule.

(b) The transitional services plan may include any additional independent living services described in section 6(b) of this rule.

(c) All independent living services provided in the transitional services plan shall conform to the applicable service standards approved by the department for the Chafee Foster Care Independence Program for which federal funding is provided under 42 U.S.C. 677, including services relating to mentoring and lifelong connections, that are in effect during the term of the plan.

(d) A transitional services plan shall also include documentation that the youth has been provided an explanation of, and an opportunity to sign after the youth has attained eighteen (18) years of age, any health care power of attorney, health care proxy, or similar document recognized under Indiana law that the youth may request, which may include:

(e) This subsection applies if the juvenile court continues jurisdiction under IC 31-30-2-1, after the youth has attained eighteen (18) years of age, in the youth's:

(f) A youth to whom subsection (e) applies may sign any of the documents described in subsection (d)(3) through (d)(7) at any time after the youth attains eighteen (18) years of age.

Affected: IC 31-25-2-21

Sec. 13. (a) The approved transitional services plan document shall specify the term, including the commencement and expiration date. The expiration date shall be not later than the date of the youth's twenty-first birthday.

(b) The transitional services plan may be amended from time to time during its term, as necessary or appropriate in the circumstances, by agreement among the youth and other signatories to the plan or their successors in interest. Any amendment shall be submitted for review and approval to the appropriate person or designee, as provided in section 11(i) of this rule. If an amendment involves a change in the principal service provider for any service identified in the plan, the signature of the new service provider, in place of the original service provider, shall be sufficient for approval of the amendment. An amendment shall not extend the expiration date to a time later than the date of the youth's twenty-first birthday.

(c) A youth may request termination of his or her transitional services plan before its specified expiration date by written notice delivered or mailed to the youth's supervising family case manager, probation officer, or assigned monitor. The family case manager, probation officer, or assigned monitor will deliver or send a copy of the notice to all other signatories to the plan. The notice must state that termination is requested for one (1) of the following reasons:

(d) The department or probation officer may request termination, in whole or in part, of a transitional services plan before its specified expiration date, by written notice to the youth, with copies to all other signatories to the plan. A request for termination under this subsection must state that the youth is failing substantially to comply with any specified provisions of the plan and include a statement of the specific facts and circumstances evidencing the alleged noncompliance. The notice shall specify a time at least thirty (30) days after the date of service of the notice as the effective date of the termination. The notice shall also specify the actions required to cure the alleged noncompliance before the termination becomes effective. The youth and any other plan signatory may submit a written response to a termination request under this subsection within fifteen (15) days after the date of service of the notice.

(e) A service provider signatory to a transitional services plan may give notice of termination of its duties and responsibilities under the plan. Unless the department approves a waiver of advance notice in an emergency situation based on a determination that continuation of the provider's services would pose a substantial risk of harm to the youth, the provider, or others, a notice under this subsection will be effective not earlier than thirty (30) days after the date of the notice, unless an earlier effective date has been established by agreement with both the youth and the supervising family case manager, probation officer, or assigned monitor. A notice under this subsection shall be delivered or mailed to:

(f) A notice of termination under subsection (c) or (d) shall be effective only upon approval of the court that has jurisdiction over the youth's case at the time the notice is served. The department or probation officer may recommend to the court any appropriate modification of the provisions of any existing dispositional decree or other order, to become effective upon approval of termination of the plan.

(g) Termination or amendment of a particular service provided or to be provided under the plan shall not affect any other provision of the plan or service provided under the plan.

(h) The provisions of the transitional services plan agreement under section 11(j) of this rule shall include the substance of the provisions of this section, relating to amendment or termination of the plan.

Affected: IC 31-25-2-7; IC 31-34; IC 31-37

Sec. 14. (a) This section applies to a youth who is:

(b) The following youth are eligible for voluntary transition services provided through the department, under the Chafee Foster Care Independence Program, 42 U.S.C. 677:

(c) The department will make available to a youth described in this section appropriate independent living services, as described in section 6(b) of this rule, based on the terms and provisions of a voluntary transition services agreement among the department, the youth, and one (1) or more appropriate service providers.

(d) The service provider will require that all youth receiving independent living services under a voluntary transition services agreement participate directly in the design of program activities and accept personal responsibility for meeting the independent living goals of the program.

(e) The department will assure that all youth receiving services under an independent living voluntary transition services agreement are referred for an appropriate life skills assessment and complete the assessment within thirty (30) days after the referral.

(f) A voluntary transition services agreement may include any of the services and subjects that would be required in a transitional services plan for an eligible youth, as determined by mutual agreement between the department and the youth.

(g) A voluntary transition services agreement shall include appropriate provisions for the time period during which services will be provided, including conditions for termination or reinstatement of services, based on applicable department policy. Services for which the department provides financial assistance may not extend beyond the date of the youth's twenty-first birthday.

(h) All services provided under a voluntary transition services agreement as described in this section shall conform to the applicable service standards approved by the department for the Chafee Foster Care Independence Program under 42 U.S.C. 677, that are in effect during the time the services are provided.

Affected: IC 31-25-2-7

Sec. 15. (a) This rule shall not be construed to limit or otherwise affect eligibility of children or youth for voluntary independent living services provided by or through the department, for which funds are available under the Chafee Foster Care Independence Program, 42 U.S.C. 677, or any other available funding source, apart from a transitional services plan or voluntary transition services agreement as provided in this rule.

(b) The department may specify additional procedures and standards for independent living services by adoption of policies and service standards that are posted on the department's website and that are not inconsistent with any applicable federal or state statutes, regulations, or provisions of this rule.

DIN: 20110105-IR-465090167FRA

Composed: May 01,2024 2:43:46AM EDT

A PDF version of this document.