TITLE 465 DEPARTMENT OF CHILD SERVICES

Adds 465 IAC 2-15, concerning older youth foster care, to establish eligibility requirements and conditions for consideration by the department of child services (DCS) of an application for assistance under the older youth foster care program for an individual who was receiving foster care under a court order in the month before the individual's eighteenth birthday, and who is between 18 and 21 years of age; to specify requirements relating to the individual's employment or educational program as eligibility conditions; to exclude individuals receiving funding through the department under the Chafee Independent Living Program (42 U.S.C. Section 677) for room and board services, or housing through the education and training voucher program; to provide procedures for application to the department for participation in the program, determination of eligibility, and filing of a petition in the appropriate court for receipt of foster care services through the program; to require DCS to complete a background check of the applicant relating to child abuse or neglect history and an assessment relating to substance abuse, mental health, and developmental delay conditions; to specify grounds for denial or conditional approval of participation in the program based on the results of the background checks, assessments, and other available information; to provide conditions for continuation of an applicant in a current or former foster home placement, if requested by the applicant; to provide for payments to be made and services to be provided to or on behalf of an individual approved by the court for older youth foster care; to authorize the department to establish guidelines and rules for the approved individual's continuing participation in the program, and to require participants to obey standards of conduct established by the foster care provider as a condition of residence in the home; to provide for a standard form of agreement between the department and the program participant; to specify a procedure for monitoring compliance with program requirements, the terms of agreements between the department and the participants, and continuing eligibility of individuals receiving older youth foster care services; to specify grounds and procedures for termination of placement agreements and services under the program; and to provide a procedure for administrative review by the department of certain determinations under the program. Effective 30 days after filing with the Publisher.

SECTION 1. 465 IAC 2-15 IS ADDED TO READ AS FOLLOWS:

Affected: IC 31-28-5.7

Sec. 1. The definitions in sections 2 through 7 of this rule apply throughout this rule, or as stated in the applicable definition.

Affected: IC 31-28-5.7

Sec. 2. "Assigned monitor" means a department family case manager, independent living specialist, or independent living provider contracted by the department, who is assigned to oversee services provided to an older youth under this rule, during the term of an agreement and in accordance with section 15(f) of this rule.

Affected: IC 31-25-1; IC 31-28-5.7

Sec. 3. "Department" means:

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. 4. (a) "Foster care", as used in section 5 of this rule, means full-time residential care and supervision of an individual who is less than eighteen (18) years of age, away from the home of the individual's parent, guardian, or custodian, in which the individual was residing before commencement of a case under IC 31-34 or IC 31-37. Foster care placement includes, but is not limited to, placement in any of the following, regardless of whether payment for the placement is or has been made by the department or any other person or agency:

(b) The term, for purposes of sections 13, 15, 16, and 18 of this rule, means residential care and supervision of an older youth in a foster family home licensed:

(c) The term, for purposes of this rule, does not include detention or housing of an individual in a:

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

Sec. 5. "Older youth" means an individual who:

Affected: IC 31-28-5.7-1

Sec. 6. "Older youth foster care services" or "OYFC services" means services provided to an older youth by or on behalf of the department, in accordance with section 15 of this rule:

Affected: IC 31-28-5.7

Sec. 7. "Placement agreement" means a written agreement between an older youth and the department that:

Affected: IC 5-9-4-1; IC 31-15-2-4; IC 31-15-3-9; IC 31-27-4-13; IC 31-28-5.7; IC 31-33-8; IC 31-33-26; IC 31-37

Sec. 8. (a) An older youth may receive OYFC services, as provided in this rule and in accordance with department policies that implement this rule, if the older youth meets all of the following conditions:

(b) If the older youth is participating in, and receiving assistance through the department under, any of the following programs, the youth is not eligible for OYFC services under this rule:

Affected: IC 31-28-5.7

Sec. 9. (a) An individual who is or will become an older youth may submit to the department an application for OYFC services at any time after the date that is six (6) months after the youth became seventeen (17) years of age. The application shall include the information required in the form approved by the department for that purpose.

(b) The applicant shall submit with, or as part of, a completed application information concerning any conviction, delinquency adjudication, substantiated child abuse or neglect determination, or pending charges, as described in section 8(a)(4) of this rule, of which the applicant has knowledge.

(c) The application should be submitted to the local office of the department in the county where the youth currently resides. The department will forward any application received by the department's central office or another local office to the appropriate local office for review and processing.

(d) An application received as provided in this section will be referred to a family case manager supervisor, or other designee of the local office director, for review. The supervisor or designee will determine, based on the information provided in the application, whether the applicant meets the initial eligibility requirements for OYFC services as stated in section 8 of this rule, other than completion of the procedures described in section 8(a)(6) of this rule. The reviewing supervisor or designee may request the applicant to provide additional information if the supervisor or designee determines that the application is incomplete or that more facts are needed to determine eligibility of the applicant as provided in section 8 of this rule. The determination of the reviewing supervisor or designee regarding eligibility, based on the information submitted by the applicant, is subject to review and approval by the local office director.

(e) The supervisor or designee who determined eligibility under subsection (d) will send written notification to the applicant, within five (5) business days after receipt of the completed application (including any additional information requested as provided in subsection (d)), stating whether or not the applicant is eligible for OYFC services, subject to completion and approval of the additional requirements as specified in section 10 of this rule. If the notification states that the applicant is ineligible, it shall include the reason or reasons for that determination. The applicant may request a review of any determination of ineligibility, as provided in section 19 of this rule.

Affected: IC 31-28-5.7; IC 31-33-7; IC 31-33-8; IC 31-34-1

Sec. 10. (a) Upon determination under section 9 of this rule that an applicant for OYFC services meets the initial eligibility requirements, the local office of the department that made the determination shall do the following:

(b) The department will provide any assistance that the youth reasonably needs or requests in order to complete the assessments required in this section. The department will pay any costs or expenses incurred incident to completion of the background check and assessment requirements and procedures.

(c) Upon receipt of a report and recommendation from a department local office as provided in subsection (a), the permanency manager of the department, or a designee approved by the deputy director for programs and services, will:

(d) The department will approve an application of an older youth who has been determined under section 9(d) of this rule to be eligible for OYFC services, if:

(e) If evaluation of the results of the background check, assessments, and any other information obtained under subsection (a), indicates a current need for special care, treatment, or services related to any condition described in subsection (d)(4), the department may, in its discretion, approve an application of an otherwise eligible older youth for OYFC services, if the department determines that:

Affected: IC 31-28-5.7-1

Sec. 11. (a) Upon receipt of the permanency manager's determination under section 10(c) of this rule, the local office will send to the applicant written notification of the final approval or denial of the application. The notice shall be sent within fifteen (15) business days after the permanency manager receives the local office report and recommendation under section 10(a)(2) of this rule, unless additional time, not to exceed ten (10) business days, is requested and approved by the deputy director for field operations, or by an executive manager or regional manager as designee of the deputy director. The applicant may request a review of the denial of an application under this subsection, as provided in section 19 of this rule.

(b) If the application is approved, the local office shall do the following:

Affected: IC 31-28-5.7

Sec. 12. (a) This section applies if an applicant for OYFC services under this rule:

(b) This section does not apply to any applicant who:

(c) The department may recommend approval of OYFC services for an otherwise eligible applicant described in this section, if the department determines that the youth:

(d) If the department recommends approval of OYFC services under this section, the local office will include in its petition filed with the court under section 11(b) of this rule:

(e) The court may, in its discretion, grant a petition for approval of a program of OYFC services for the older youth that is recommended by the department under this section.

Affected: IC 31-27-6; IC 31-28-5.7

Sec. 13. (a) This section applies if the applicant for OYFC services requests in the application either:

(b) Upon approval under applicable provisions of sections 10 through 12 of this rule of an application to which this section applies, the department local office will give preference to the placement requested by the applicant, subject to determination by the local office that the:

(c) The local office will not attempt to locate a new foster care home placement for an approved applicant for OYFC services if preference for a continuing or former placement is approved as provided in subsection (b), unless the approved placement subsequently becomes unavailable or terminates as a result of changed circumstances.

(d) If the foster family home in which an applicant for OYFC services will continue in placement under this section is managed or supervised by a licensed child placing agency under IC 31-27-6, the department will send a copy of the signed placement agreement to the supervising child placing agency.

Affected: IC 31-28-5.7

Sec. 14. (a) An application of an older youth for whom eligibility for OYFC services has been approved under section 9 of this rule may be denied for purposes of receipt of placement and services under IC 31-28-5.7 and this rule, for any of the following reasons:

(b) If an application is denied for any reason described in subsection (a)(2), (a)(4), or (a)(5), the department will assist the older youth in obtaining needed services by referral to one (1) or more appropriate programs, facilities, or other service providers that may be available to meet the needs of the older youth. The department is not required to pay for any services provided based on a referral under this subsection.

Affected: IC 31-27-6; IC 31-28-5.7; IC 31-34

Sec. 15. (a) Upon final approval of an application for OYFC services and entry of a court order approving a petition filed under section 11(b) of this rule, the department will provide the services to or for the benefit of the older youth as described in this section.

(b) The department will arrange for:

(c) A placement under subsection (b) must be:

(d) The department and the older youth will jointly prepare a transitional services plan for the youth, as described in 465 IAC 2-14-8, in accordance with all applicable procedures described in 465 IAC 2-14, within sixty (60) days after a placement of the youth under subsection (b). The parties to the transitional services plan agreement will implement all provisions of the plan during the term of the placement agreement under this section.

(e) During the term of the placement agreement, the department will make payment to the appropriate foster parent, on behalf of the older youth placed in foster care under this section, in an amount equal to the daily rate payable by the department for regular foster care for purposes of an out-of-home placement of a child over sixteen (16) years of age in a child in need of services case under IC 31-34.

(f) The department will select and designate an assigned monitor for the older youth, who will do the following:

(g) The department and the older youth will sign a placement agreement, in a form approved by the department. The agreement will include the following:

(h) If the department has approved eligibility of the youth for OYFC services based on part-time employment, as provided in section 8(a)(1)(B) of this rule, the placement agreement will include a provision requiring the youth to make reasonable efforts, on a continuing basis, to obtain full-time employment, by utilizing the assistance of available public or private employment agencies and by contacting referrals to possible employment opportunities made by the assigned monitor or other representative of the department.

(i) The placement agreement may be amended from time to time during its term, as necessary or appropriate in the circumstances, by written agreement between the older youth and the department. Any amendment shall be submitted to the department permanency manager or designee for approval before its signature. An amendment shall not extend the expiration date of the term of the agreement to a time later than the date the older youth will become twenty-one (21) years of age.

(j) The placement agreement and any amendment will be approved by the foster parent or parents to whom the department issued the license for the home in which the older youth resides or will reside, as evidenced by the signature of the foster parent or parents on the agreement. If the foster family home is managed or supervised by a licensed child placing agency under IC 31-27-6, the department will mail a copy of the signed agreement to the supervising child placing agency.

Affected: IC 31-28-5.7

Sec. 16. (a) The department may adopt policies specifying rules for the conduct and behavior of an older youth while receiving OYFC services through a foster care placement under this rule.

(b) Any rules of conduct included in a policy adopted under this section will be provided to the older youth upon signature of the placement agreement under section 15(g) of this rule and will be incorporated by reference in the agreement.

(c) An older youth placed in foster care under this rule must also comply with all reasonable standards of conduct established by the foster parent or parents responsible for maintenance of the home, during the time the youth is residing in the home. If the youth believes that any standard or rule of conduct to which this subsection applies is unreasonable or oppressive, the youth may request a conference with the assigned monitor appointed under section 15(f) of this rule. The assigned monitor will make a reasonable effort to mediate the issue and resolve by negotiation any dispute between the youth and the foster parent or parents concerning standards of conduct applicable to the youth while residing in the home. If the dispute cannot be satisfactorily resolved by the assigned monitor, with assistance of the department local office if requested, the local office will attempt to locate a different foster family home that will accept placement of the youth during the remainder of the term of the placement agreement.

Affected: IC 31-28-5.7

Sec. 17. (a) Each older youth receiving OYFC services under this rule must maintain all applicable eligibility requirements, as specified in section 8 of this rule, during the term of the placement agreement.

(b) If eligibility is based on employment, the youth must:

(c) If the youth's full-time or part-time employment is terminated by the employer without fault of the youth, the department local office and the assigned monitor will make every reasonable effort to assist the youth in locating another position that provides equivalent employment. The department may continue to provide OYFC services during the term of the placement agreement, as long as the youth is actively and diligently seeking new employment in cooperation with efforts made by the assigned monitor to assist the youth for that purpose.

(d) If eligibility is based on enrollment or intent to enroll in a school or other educational program, as described in section 8(a)(1)(C), 8(a)(1)(D), or 8(a)(1)(E) of this rule, the youth must:

(e) If the youth is attending a school or educational program on a full-time or part-time basis, the youth must:

Affected: IC 31-28-5.7-1

Sec. 18. (a) The department may terminate the placement agreement before the expiration of its term, in accordance with the procedure specified in this section and without order of the court having jurisdiction over the older youth or the older youth foster care case, for any of the following reasons:

(b) If criminal charges are filed against the older youth:

(c) A termination based on subsection (a)(5) or (a)(13) will not be effective until a date stated in a written notice mailed or delivered to the older youth, that is not less than thirty-three (33) days after the date the notice is mailed or delivered. The notice:

(d) A termination based on subsection (a)(6) will not be effective until completion of any administrative review and administrative hearing procedures, available under applicable rules or policies of the department, if the older youth timely submits a request for an administrative review or hearing as provided in those rules or policies.

(e) A termination based on subsection (a)(8) will be effective immediately, on the date the termination notice is mailed or delivered to the youth.

(f) Subject to subsections (c), (d), and (e), a termination notice under this section will be effective on the date stated in the notice. The effective date will not be earlier than ten (10) days after the date the notice is mailed or delivered to the youth. Within ten (10) days after the date of the notice, the youth may request informal counseling with the assigned monitor or another representative of the department, concerning the stated grounds for termination and any related facts or circumstances. The department may agree to suspend or delay the effective date at the request of the youth and counselor.

(g) Except as provided in subsection (h), all OYFC services provided under the placement agreement will be suspended on the termination effective date, and will terminate upon expiration of the time allowed to request administrative review under section 19(d) of this rule. If administrative review is timely requested, the services will remain suspended until completion of the administrative review proceedings.

(h) This subsection does not apply to a notice of termination of OYFC services under subsection (a)(8) for failure to enroll timely in a school or educational program, or under subsection (a)(10) for moving from the approved foster home without consent or approval of the department local office. The department will continue to make payments to the foster parent, as provided in section 15(e) of this rule, until expiration of the time for requesting administrative review of a termination notice under section 19 of this rule, or until a timely requested administrative review has been completed, if both the older youth and the foster parent request continuation of the placement during that time.

(i) The older youth may terminate the placement agreement by giving written notice to the department that the youth:

(j) Termination of services provided under the older youth's transitional services plan agreement is subject to the procedures specified in 465 IAC 2-14-13.

(k) Whenever a placement agreement is terminated under this section, the local office will:

(l) The provisions of the placement agreement described in section 15(g) of this rule shall include a summary of the grounds and procedures for termination of the agreement, as provided in this section.

(m) Upon termination of a placement agreement under this section, the assigned monitor will meet with the older youth to do the following:

Affected: IC 31-26-6-4; IC 31-28-5.7

Sec. 19. (a) This section applies to any of the following determinations by the department under this rule:

(b) This section does not apply to any actions taken by the department under this rule, or any policies of the department that implement or relate to this rule, other than the actions described in subsection (a).

(c) An older youth adversely affected by any department action described in subsection (a) may request an administrative review of that action by submitting to the director of the department, or to the director of the local office of the department in the county where the youth resides, a written complaint, in a form prescribed by the department. The complaint must include a statement of the specific reason or reasons why the older youth believes that the department's decision was erroneous. The local office will provide to an older youth, on request, the complaint form to be completed for purposes of a request for administrative review under this section.

(d) A complaint under subsection (c) must be received by the department within thirty-three (33) days after the date of service on the older youth of written notice of the reviewable decision or determination. The notice must state the reason or reasons for the decision and the facts and circumstances on which the department relied in making its decision. For purposes of this subsection, "date of service" means the date the department or local office either personally delivered the notice to the older youth or deposited the notice in the United States mail addressed to the older youth at his or her current or last known residence address.

(e) The department or local office will submit every complaint under this section that the department or a local office receives to the deputy director for programs and services, who will appoint a review panel for purposes of considering the complaint.

(f) A review panel appointed under subsection (e) will consist of the following three (3) members:

(g) The review panel will review all documents identified by the complainant or staff of the department that were considered in making the decision or determination, and any other documents submitted by the complainant with the complaint that may be relevant to the issues presented by the complaint. The review panel may, and if requested by the complainant shall, provide an opportunity for an informal meeting with the complainant and one (1) or more representatives of the department who participated in the decision or determination, for the purpose of discussing the reasons for the decision or determination and the basis for the complaint.

(h) The review panel may, in its discretion, receive and consider information or documents submitted by individuals other than the complainant, as requested or approved by the complainant or the department. However, the review panel will not hold a formal evidentiary hearing or receive testimony of witnesses.

(i) Administrative review under this section of a termination notice based on a reason stated in subdivision (8), (9), (10), or (11) of section 18(a) [section 18(a)(8), 18(a)(9), 18(a)(10), or 18(a)(11)] of this rule is limited to an allegation of mistake of fact. If the review panel concludes that the facts stated in the termination notice are correct, the panel will affirm the termination for the reason or reasons stated in the notice. The decision of the panel under this subsection is final and is not subject to further review under this section.

(j) After completing its review of the complaint and the relevant documents or information provided, the review panel will prepare and submit to the deputy director for programs and services a written report containing its findings, conclusions, and recommended decision concerning disposition of the complaint.

(k) After receipt and review of the report of the review panel, the deputy director will send to the complainant a written decision concerning the disposition of the complaint. The decision of the deputy director:

(l) The decision of the deputy director will be issued not later than sixty (60) days after the date the department received the complaint, unless additional time for completion of the review and preparation of the decision is approved by the director of the department, based on extenuating circumstances.

(m) The decision of the deputy director may be reviewed by the director of the department, upon written request submitted to the director by the complainant or local office director of the county where the complainant resides, within ten (10) days after the date of service of the decision. For purposes of this subsection, "date of service" means the date copies of the decision were deposited in the United States mail, addressed to the complainant at his or her last known place of residence and to the local office in the county of the complainant's last known residence.

(n) The decision of the deputy director, or the decision of the director if a review by the director is timely requested under subsection (m), shall be the final action of the department regarding any administrative review conducted under this section.

Affected: IC 31-28-5.7

Sec. 20. (a) The department may specify additional procedures, and develop standard forms, as necessary or appropriate to implement the provisions of IC 31-28-5.7 and this rule, relating to approval of applications for, and administration of, OYFC services.

(b) Any additional or supplemental procedures and forms shall be:

DIN: 20110105-IR-465090168FRA

Composed: Apr 30,2024 5:10:00PM EDT

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