Section 465 IAC 2-14-13 - Duration, amendment, and termination of transitional services plansAuthority: IC 31-25-2-18; IC 31-25-2-21
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 assigned case manager or probation officer. The assigned case manager or probation officer 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:(1) The: (A) objectives of the plan have been substantially achieved; and(B) youth is currently capable of independent living and self-support without the need for continuing assistance, supervision, or oversight.(2) The youth desires to terminate all successful adulthood services because of a change in circumstances relating to the youth's current living and support arrangements, as explained in the notice.(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 assigned case manager or probation officer. A notice under this subsection shall be delivered or mailed to: (2) the assigned case manager or probation officer; and(3) any other signatories to the plan except unrelated service providers. Upon receipt of a notice of termination under this subsection, the youth and the department or applicable county probation office will make every reasonable effort to locate and agree upon a substitute service provider before the effective date of the termination.
(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.Department of Child Services; 465 IAC 2-14-13; filed Dec 10, 2010, 10:21 a.m.: 20110105-IR-465090167FRAFiled 10/12/2016, 2:03 p.m.: 20161109-IR-465160055FRAReadopted filed 5/6/2022, 1:07 p.m.: 20220601-IR-465220094RFA