465 Ind. Admin. Code 3-3-1

Current through December 4, 2024

Section 465 IAC 3-3-1 - Purpose

Authority: IC 31-19-26.5-12; IC 31-25-2-18; IC 31-25-4-27; IC 31-33-26-13

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:

(1) has been identified as a perpetrator in a substantiated report of child abuse or neglect approved by the department on or after October 15, 2006, and entered into the child protection index under IC 31-33-26;

(2) is aggrieved by a department determination concerning certain decisions relating to the Indiana adoption assistance program or Indiana guardianship assistance program;

(3) is aggrieved by the department's actions relating to child support obligation collection or distribution concerning:

(A) income withholding under IC 31-16-15-4.3;

(B) suspension of license privileges or issuance of notices of child support delinquent obligations to licensing agencies under IC 31-25-4-32;

(C) blocking or encumbering an account of the obligor with a financial institution under IC 31-25-4-31;

(D) interception of a state income tax refund for application to a delinquent child support obligation under IC 6-8.1- 9.5-7; or

(E) distribution of child support payments involving an assignment of rights to the state under IC 31-25-4-17 and IC 31-25-4-26;

(4) is aggrieved by the department's actions denying or revoking a license to operate a child caring institution, private secure facility, foster family home, group home for children, or child placing agency, under IC 31-27;

(5) is aggrieved by the department's determination regarding certain rates or other amounts payable under 465 IAC 2-16 for children placed with a licensed residential treatment services provider, or payable under 465 IAC 2-17 for children placed in a foster family home through a licensed child placing agency; or

(6) is aggrieved by the department's determination concerning admission or reentry into collaborative care under 465 IAC 2-15.1-16.

(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.

465 IAC 3-3-1

Department of Child Services; 465 IAC 3-3-1; filed Nov 14, 2012, 12:46 p.m.: 20121212-IR-465120404FRA

Filed 10/12/2016, 2:03p.m.: 20161109-IR-465160055FRA

Readopted filed 9/4/2018, 2:31 p.m.: 20181003-IR-465180321RFA

Readopted filed 7/11/2024, 12:29 p.m.: 20240807-IR-465230813RFA