TITLE 465 DEPARTMENT OF CHILD SERVICES

Amends 465 IAC 2-14-2, 465 IAC 2-14-4, 465 IAC 2-14-5, 465 IAC 2-14-6, 465 IAC 2-14-7, 465 IAC 2-14-8, 465 IAC 2-14-10, 465 IAC 2-14-11, 465 IAC 2-14-12, 465 IAC 2-14-13, 465 IAC 2-14-14, and 465 IAC 2-14-15, concerning transitional services, to correct references to collaborative care for older youth and related department procedures. Adds 465 IAC 2-15.1, concerning older youth in the collaborative care program, to establish eligibility requirements and conditions for consideration by the department of child services (department) of an application for entry into the collaborative care program; to provide procedures for determination of eligibility and filing of a petition in the appropriate court for receipt of older youth services through the program; to provide conditions for housing and services to be provided to current or former foster youth; to provide for payments to be made for housing and services to be provided to or on behalf of a youth approved by the court for collaborative care; to authorize the department to establish guidelines for the eligible youth's continuing participation in the program; to specify the terms of agreements between the department and the youth, and continuing eligibility of youth receiving collaborative care services; to specify grounds and procedures for termination of voluntary collaborative care agreements and services under the program; and to provide a procedure for administrative review by the department of certain determinations under the program. Amends 465 IAC 3-3-1 and 465 IAC 3-3-6, concerning administrative hearings, to provide a procedure for administrative hearings for review of certain determinations under the collaborative care program. Repeals 465 IAC 2-15. Effective 30 days after filing with the Publisher.

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

Affected: IC 31-25-2-21

Sec. 2. "Assigned monitor" has case manager" means the meaning set forth in 465 IAC 2-15-2. family case manager or collaborative care case manager assigned to the eligible youth's case.

SECTION 2. 465 IAC 2-14-4 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 31-28-5.8; IC 31-34; IC 31-37

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

(b) The term includes an individual who:

SECTION 3. 465 IAC 2-14-5 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 31-9-2-71; IC 31-9-2-114; IC 31-27; IC 31-28-5.8; 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:

SECTION 4. 465 IAC 2-14-6 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 31-9-2-123.5; IC 31-25-2-21

Sec. 6. (a) "Independent living "Successful adulthood services" has the meaning set forth in IC 31-9-2-123.5.

(b) "Successful adulthood services" shall include:

(b) "Independent living (c) "Successful adulthood 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:

SECTION 5. 465 IAC 2-14-7 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 31-25-2-21

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

SECTION 6. 465 IAC 2-14-8 IS AMENDED TO READ AS FOLLOWS:

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:

SECTION 7. 465 IAC 2-14-10 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 31-25-2-21; IC 31-28-5.8

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 assigned case manager or contracted independent living successful adulthood services provider, may develop, in conjunction with the youth, a plan for independent living successful adulthood 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 successful adulthood services described in section 6(b) 6(c) 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:

SECTION 8. 465 IAC 2-14-11 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 31-25-2-21; IC 31-27; IC 31-28-5.8; 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 assigned 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 may 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 collaborative care under IC 31-28-5.8 and 465 IAC 2-15.1, the assigned monitor case manager 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 or probation officer or assigned monitor will consult with each service provider who is currently providing, or will provide, any independent living successful adulthood 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:

SECTION 9. 465 IAC 2-14-12 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 16-36; IC 30-5-5-17; IC 31-28-5.8; 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 successful adulthood services specified in section 6(a) 6(b) of this rule.

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

(c) All independent living successful adulthood 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) A transitional services plan shall also include the document described in IC 31-28-5.8, containing the description of rights and signed acknowledgement.

(e) (f) 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) (g) A youth to whom subsection (e) (f) 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.

SECTION 10. 465 IAC 2-14-13 IS AMENDED TO READ AS FOLLOWS:

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 assigned case manager or probation officer. or assigned monitor. The family assigned case manager or 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 assigned case manager or 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.

SECTION 11. 465 IAC 2-14-14 IS AMENDED TO READ AS FOLLOWS:

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 successful adulthood services, as described in section 6(b) 6(c) 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 successful adulthood 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 ensure that all youth receiving services under an independent living a successful adulthood 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.

SECTION 12. 465 IAC 2-14-15 IS AMENDED TO READ AS FOLLOWS:

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 successful adulthood 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 successful adulthood 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.

SECTION 13. 465 IAC 2-15.1 IS ADDED TO READ AS FOLLOWS:

Affected: IC 31-28-5.8

Sec. 1. The definitions in sections 2 through 10 of this rule apply throughout this rule.

Affected: IC 31-9-2-71; IC 31-9-2-114; IC 31-28-5.8

Sec. 2. (a) "Collaborative care placement" means the placement of an older youth eligible under this rule, and includes, but is not limited to:

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

Affected: IC 31-25-1; IC 31-28-5.8

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

Affected: IC 31-9-2-71; IC 31-9-2-114; IC 31-27; IC 31-28-5.8

Sec. 4. (a) "Foster care" means residential care and supervision of an individual who is less than twenty-one (21) years of age, in any of the following categories of homes or facilities:

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

Affected: IC 31-9-2-46.9; IC 31-28-5.8

Sec. 5. "Foster family home" means a foster family home as defined in IC 31-9-2-46.9.

Affected: IC 31-28-5.8

Sec. 6. "Host home" means a host home as defined in IC 31-28-5.8-3.

Affected: IC 31-28-5.8; IC 31-34; IC 31-37

Sec. 7. "Older youth" means an individual who:

Affected: IC 31-28-5.8

Sec. 8. "Older youth services" mean services provided to an older youth by or on behalf of the department, in accordance with section 12 of this rule:

Affected: IC 31-28-5.8

Sec. 9. "Reentry youth" means an older youth who:

Affected: IC 31-28-5.8

Sec. 10. "Voluntary collaborative care agreement" or "VCCA" means a written agreement executed between an older youth and the department under IC 31-28-5.8-2 that includes, but is not limited to:

Affected: IC 31-28-5.8

Sec. 11. (a) An older youth is eligible for assistance with the costs of an approved placement or housing arrangement and older youth services, if the older youth on a continuing basis is as follows:

(b) The department may file the petition specified in IC 31-28-5.8-5 when:

Affected: IC 31-28-5.8

Sec. 12. (a) Upon completion of the voluntary collaborative care agreement under section 10 of this rule, the department will provide placement and services to or for the benefit of the older youth as described in this section as follows:

(b) The department will obtain entry of a court order approving the voluntary collaborative care agreement within one hundred eighty (180) days after the start of the placement.

Affected: IC 31-28-5.8; IC 31-34; IC 31-37

Sec. 13. (a) The department shall create a form agreement to be provided to foster family homes and host homes. The agreement shall, at a minimum, address:

(b) Before placing an older youth in a host home, the department, the older youth, and the adult providers of the host home shall enter into a written agreement as described in subsection (a).

(c) Before placing an older youth in a foster family home or continuing a placement in a foster family home resulting from an order in a child in need of services case under IC 31-34 or juvenile delinquency case under IC 31-37, the department may require the older youth and the adult providers of the foster family home to enter into a written agreement as described in subsection (a).

Affected: IC 31-28-5.8

Sec. 14. (a) The older youth may terminate the voluntary collaborative care agreement prior to the expiration of the voluntary collaborative care agreement for any reason, by:

(b) The department may terminate the voluntary collaborative care agreement before the youth turns twenty (20) years of age, in accordance with the procedure specified in this section, for any of the following reasons:

(c) When the department determines that it will terminate the voluntary collaborative care agreement without the concurrence of the older youth, the department will provide the youth with written notice of the termination, which shall include, at a minimum, the following:

Affected: IC 31-28-5.8

Sec. 15. (a) Any youth who is denied admission into the collaborative care program shall be advised by the department in writing of the denial.

(b) Any youth denied reentry into the collaborative care program shall be advised by the department in writing of the denial.

(c) Denials under subsections (a) and (b) shall include:

Affected: IC 31-28-5.8

Sec. 16. (a) Any youth who is notified by the department that the youth was denied admission or reentry into collaborative care pursuant to section 15 of this rule is entitled to request an administrative review of the denial.

(b) An individual entitled to request an administrative review under this section may submit a written request for review, in the form prescribed by the department for that purpose, within fifteen (15) days after the department serves a notice or letter regarding the determination that is subject to review. The individual requesting the review may submit with the request any written information or documents that the requester considers relevant to consideration in the review.

(c) The administrative review shall be conducted by a department employee who:

(d) The department shall notify the older youth of the outcome of the review within thirty (30) days of receiving a complete request for review.

(e) The outcome of the administrative review may affirm or reverse the department's original determination. The department shall advise the older youth of the availability of an administrative hearing if the older youth is dissatisfied with the outcome of the administrative review.

Affected: IC 31-28-5.8

Sec. 17. (a) Any youth who has been notified by the department of a denial of admission or reentry into collaborative care, and has exhausted the department's administrative review process, may request an administrative hearing by submitting the hearing request form made available by the department or attached to the administrative review decision, completed in accordance with the instructions included on the form and department policy. The completed request form must be submitted to the department hearings and appeals unit not more than thirty (30) days after the person was served with written notice of the administrative review determination that affirmed a denial of admission or reentry into collaborative care.

(b) Except as otherwise provided in this rule, provisions of 465 IAC 3-3 apply to a request for administrative hearing under this section.

Affected: IC 31-28-5.8

Sec. 18. (a) An older youth whose participation in the collaborative care program terminates prior to the attainment of twenty (20) years of age and who wants to reenter the collaborative care program may do so as long as the older youth meets the eligibility requirements as set out in section 10 of this rule.

(b) The department shall make reasonable efforts to notify each older youth who leaves the program prior to twenty (20) years of age and who would otherwise be eligible for reentry into the collaborative care program of the process available for the youth to apply to reenter into collaborative care, in writing, at the time the older youth leaves the program.

SECTION 14. 465 IAC 3-3-1 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 6-8.1-9.5-7; IC 31-16-15-4.3; IC 31-19-26.5; IC 31-25-4; IC 31-27; IC 31-33-26

Sec. 1. (a) The purpose of this rule is to establish procedures for administrative adjudication within the department, upon a request for an administrative hearing by a person who:

(b) In the event that any provision of this rule conflicts with any provision of a federal or state statute, regulation, or another rule that is specifically applicable to any department action described in subsection (a), the other statute, regulation, or rule shall supersede that part of this rule for which the conflict exists.

SECTION 15. 465 IAC 3-3-6 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 31-9-2-17.8; IC 31-19-26.5; IC 31-27; IC 31-33-26

Sec. 6. (a) If a person's request for administrative hearing under 465 IAC 2-15.1-17 or section 3(a), 3(g), 3(l), or 3(m) of this rule is denied without consideration of the issue or issues presented by the request, the department shall send a written notice of denial to the person that states the reason that the person is not entitled to a hearing on the issue or issues.

(b) The person may request a review of the basis for the denial of administrative hearing within fifteen (15) days after service of the notice of denial, by submitting a written request to reconsider the denial of administrative hearing. The request must:

(c) A department employee selected in accordance with department policy will review the denial notice and the written request for reconsideration and determine whether administrative hearing is appropriate.

(d) The department will send written notice of the decision to the person within fifteen (15) days after receipt of the person's request for reconsideration of denial of administrative hearing.

(e) If the denial of administrative hearing is reversed, the administrative hearing will be scheduled and conducted without further request by the person. Any time limits applicable under this rule to the requested hearing shall commence on the date of service of the notice of decision under this subsection. If the department affirms the denial, written notice of the decision will be the final agency action on the issue.

SECTION 16. 465 IAC 2-15 IS REPEALED.

DIN: 20161109-IR-465160055FRA

Composed: May 04,2024 11:48:46AM EDT

A PDF version of this document.