Under IC 4-22-2-24, notice is hereby given that on September 28, 2012, at 10:00 a.m. EDT, at the Indiana Government Center South, 302 West Washington Street, Conference Center Room C, Indianapolis, Indiana, the Department of Child Services will hold a public hearing on a proposed new rule to add 465 IAC 3 to provide for administrative review procedures concerning certain department determinations relating to substantiated reports of child abuse or neglect, administration of the federal and state adoption assistance and kinship guardianship assistance programs, and determinations concerning certain rates and payments for residential treatment services providers and child placing agencies as specified in current 465 IAC 2-16 and 465 IAC 2-17 and to specify administrative hearing procedures for persons aggrieved by administrative review decisions, statutory procedures for enforcement of child support obligations, distribution of child support collections to or for the benefit of recipients of public assistance through the program of temporary assistance for needy families, or denial or revocation of licenses issued by the department for operation of child caring institutions, group homes, foster family homes, or child placing agencies.

The department expects that this rule will not impose additional cost or requirements on any business or person to whom the rule may apply. It does not increase their duties or responsibilities, but simply provides a mechanism for addressing and resolving disputes concerning certain decisions or determinations made by the department. The department further believes that the benefits to affected persons or entities of the procedures included in this rule will be greater than any minimal cost associated with use of those procedures.

The proposed rule will have no fiscal impact on the department, since these procedures are currently provided through policies that implement existing statutory hearing requirements. There is no fiscal impact on any other agency of state or local government.

In compliance with IC 4-22-2-24(d)(3), the department advises that the proposed rule does not impose any cost or requirement on a regulated entity that is not expressly required by the state or federal law or rules governing the program or activity to which the administrative appeal and hearing procedures relate. Therefore, the department has not relied on any data, studies, or analysis in determining whether the imposition of a requirement or cost is necessary.

Copies of the proposed rule may be inspected and copied at the offices of the department as stated below. The proposed rule may also be viewed through a link on the Department of Child Services website at www.in.gov/dcs.

Any interested persons may attend the public hearing and offer comments on the proposed rule. Written statements are encouraged and preferred, and will be included in the hearing record without the necessity for personal attendance at the hearing. Written statements may be submitted before or at the time of the hearing. Questions, comments, or prehearing written statements may be forwarded to the mailing address or by e-mail as follows:

Mail address:

John Wood, Deputy General Counsel

Indiana Department of Child Services

Room E306, MS 47

302 West Washington Street

Indianapolis, IN 46204-2739

E-mail address: ljohn.wood@dcs.in.gov

Copies of these rules are now on file at the Indiana Government Center South, 302 West Washington Street, Room 306 and Legislative Services Agency, Indiana Government Center North, 100 North Senate Avenue, Room N201, Indianapolis, Indiana and are open for public inspection.