465 IAC 2-7-5 Title IVE; foster care eligibility

Sec. 5. (a) As used in this section, "appropriate local agency" means an Indiana county department of public welfare or its counterpart in another state which is responsible for foster home evaluations for licensure or for studies of homes of nonlegally liable relatives for approval. (b) As used in this section, "appropriate state agency" means the Indiana state department of public welfare or its counterpart in another state which administers the licensure procedure for residential foster care facilities or foster homes. (c) As used in this section, "approved home" means the home of a nonlegally liable relative of a IVE-Foster Care child which is evaluated using foster home standards but which is not licensed. (d) As used in this section, "relative" means a nonlegally liable relative, not a parent, of the relationship found in 42 U.S.C. 606(c). (e) For purposes of administration of foster care assistance (Title IVE-FC), a child to be eligible for such assistance shall meet the definition of a dependent child under 42 U.S.C. 606(a) or in 42 U.S.C. 607. (f) A home of other than a relative listed in 42 U.S.C. 606(c) in which a dependent child is living shall be construed to mean a foster family home or nonprofit private child caring institution, or public child caring institution with a capacity for twenty-five (25) or less children licensed by the appropriate state agency as meeting the standards as established for such homes and institutions under IC 12-3-2 [IC 12-3 was repealed by P.L.2-1992, SECTION 897, effective February 14, 1992.] or the comparable law or regulation of those states into which an Indiana child is placed. (g) Title IVE-FC funds may be used to purchase foster care provided to eligible children in an approved home of a nonlegally liable relative. For such approval, the home must be studied as a foster home by the appropriate local agency or by a private child placing agency licensed by the state. (h) To receive Title IVE-FC assistance, an otherwise eligible child shall meet the following requirements: (1) Have been removed from the home of a relative as specified in 42 U.S.C. 606(c) as a result of a decision made by a court having juvenile jurisdiction. (2) Have received assistance to families with dependent children under the Aid to Families with Dependent Children (AFDC) or Aid to Families with Dependent Children – Unemployed/Underemployed Parent (AFDC-UP) programs in or for the month in which the court action was initiated or would have received such assistance had application been made for the child. (3) Be a child who: (A) was not removed from the home of a relative specified in 42 U.S.C. 606(c), but who had lived with the relative within six (6) months prior to the month in which the court action to remove the child was initiated; and (B) would have been eligible for assistance to families with dependent children under the AFDC or AFDC-UP program in the relative's home had the relative made application for the child in the month the court action was initiated. (i) Children who are adjudicated delinquent and meet other Title IVE-FC requirements are eligible for Title IVE-FC payments if the children are not placed in a detention facility, forestry camp, training school, or any other facility operated primarily for the detention of children who are adjudicated to be delinquent. (j) Deprivation requirements for AFDC children as set out in 42 U.S.C. 606(a) or 42 U.S.C. 607 shall also be met by Title IVE-FC eligible children. The assessment of whether deprivation exists or continues to exist will be made by considering the situation in the home from which the foster care child was removed. (k) Continuing eligibility of all Title IVE-FC cases shall be redetermined and a home visit made to the child's approved or licensed foster care facility at least once every six (6) months and more often if necessary. (l) Children age eighteen (18) or older are ineligible for Title IVE-FC payments. (m) Children placed in nursing homes are ineligible to receive Title IVE-FC funding while in such placement.