Section 465 IAC 4-2-20 - Eligibility of childAuthority: IC 31-25-2-18
Affected: IC 29-3-8-9; IC 31-9-2-17.8; IC 31-9-2-46.9; IC 31-25-2-7; IC 31-25-2-8; IC 31-34-1; IC 31-34-11-2; IC 31-34 20-1; IC 31-34-21-7; IC 31-34-21-7.5; IC 31-37-1; IC 31-37-19-1; IC 31-37-19-6.5
Sec. 20.
A child who meets all the following criteria shall be eligible for assistance under this rule:
(1) Except as provided in subdivision (2), the child is either:(A) not less than thirteen (13) years of age; or(B) a member of a sibling group at least one (1) of whom is not less than thirteen (13) years of age or is otherwise eligible under subdivision (2), if: (i) both the child and the eligible sibling will be placed with the same guardian in the same home; and(ii) the department has approved the placements for both children, in the manner specified by applicable department policy.(2) The department has approved, in the manner specified by applicable department policy, an application for guardianship assistance under this rule on behalf of a child who does not meet the eligibility criterion under subdivision (1), if: (A) the child has: (i) a medical condition; or(ii) a physical, mental, or emotional disability; and(B) the child's condition or disability:(i) has been diagnosed or determined to exist by a physician licensed in Indiana or another state; and(ii) is expected to be permanent or continue until a time after the child becomes twenty-one (21) years of age.(3) The child has been approved for legal guardianship as a permanency plan by an order entered under IC 31-34-21-7.5 or IC 31-37-19-1 by a juvenile court having jurisdiction over the child, if the order finds and states compelling reasons for selecting guardianship as the preferred choice among available permanency plan options.(4) The child must be currently eligible to receive foster care maintenance payments (under 42 U.S.C. 672) while residing in a licensed foster family home (as defined in IC 31-9-2-46.9), in which at least one (1) foster parent is a relative of the child.(5) The child must have been adjudicated a child in need of services pursuant to IC 31-34-1 or a delinquent child pursuant to IC 31-37-1.(6) The child must have been removed from the child's home and placed in a foster family home (as defined in IC 31-9-2-46.9), under supervision of the department or another public agency that has an agreement with the department, pursuant to a dispositional decree entered under IC 31-34-20-1 or IC 31-37-19-1.(7) The child must be residing with a guardian who meets the eligibility requirements specified in section 21 of this rule.(8) The child must have resided with the guardian in the guardian's home for a continuous period of time not less than six (6) months.(9) The permanency plan for the child approved by the juvenile court pursuant to IC 31-34-21-7.5 or IC 31-37-19-1 must require the appointment of a legal guardian for the child, subject to IC 29-3-8-9.(10) The child is either: (A) a United States citizen; or(B) a qualified alien, as defined in 8 U.S.C. 1641(b), who is not ineligible for a federal public benefit under 8 U.S.C. 1613.(11) For purposes of a Title IV-E guardianship assistance agreement, the child must meet any additional eligibility requirements for a kinship guardianship assistance payment, as specified in 42 U.S.C. 673(d)(3).(12) If the child is residing with a successor guardian who meets the eligibility requirements specified in section 31(c) of this rule, the eligibility requirements in subdivisions (4), (7), and (8) do not apply to eligibility of the child for assistance under this rule.Department of Child Services; 465 IAC 4-2-20; filed 12/14/2016, 12:05 p.m.: 20170111-IR-465160216FRAReadopted filed 4/8/2022, 2:22 p.m.: 20220504-IR-465220018RFA