Section 465 IAC 4-2-22 - Determinations of eligibility and periodic payment amountsAuthority: IC 31-25-2-18
Affected: IC 29-3-8; IC 31-9-2-17.8; IC 31-25-2-7; IC 31-25-2-8
Sec. 22.
(a) The Indiana guardianship program application shall be available on the department's website and through each of the department's local offices.(b) A completed Indiana guardianship assistance program application must be submitted to the subject child's family case manager or directly to the department if the child does not have a currently assigned family case manager, before or within ten (10) days after a petition to establish a legal guardianship for the child is filed. If the application is incomplete, or if the department needs additional information for purposes of determining eligibility, the department may request the additional information and set a time deadline for its submission.(c) Not later than forty-five (45) days after receipt of the completed application, the department will review the application, determine eligibility, and issue a final guardianship assistance program eligibility determination.(d) If the application is approved, a department attorney will represent the department to negotiate the guardianship assistance periodic payment amount with the guardian and the guardian's attorney, if applicable, in accordance with guidelines and procedures established by department policy.(e) If the department determines that negotiations concerning the guardianship assistance periodic payment amount have been concluded without agreement between the guardian and the department, the department will send to the guardian, or the guardian's attorney, a final offer letter stating the amount that the department will agree to pay for periodic payments.(f) Upon receipt of the department's final offer letter, the guardian may do the following: (1) Sign and return to the department the guardianship assistance agreement, or amendment to a previously signed agreement containing the periodic payment amount, specifying the amount the department has agreed to pay, subject to the right of administrative review and appeal of the periodic payment amount as provided in 465 IAC 3-2-5 and 465 IAC 3-3-3.(2) Submit a request for administrative review of the periodic payment amount, within the time and in the manner provided in 465 IAC 3-2-5.(g) Upon receipt of: (1) a signed guardianship assistance agreement or amendment under subsection (f)(1);(2) a timely request for administrative review under subsection (f)(2); and(3) a final order creating the guardianship and containing any terms or conditions required under applicable provisions of IC 29-3-8, entered after the date of signature of the original guardianship assistance agreement; the department will commence payment of the periodic payment amount stated in the signed agreement or amendment, as provided in section 23 of this rule.
(h) If the amount of the periodic payment determined under subsection (g) is changed, based on the result of an administrative review or hearing conducted under the applicable provisions of 465 IAC 3, the department will pay the revised periodic payment amount, retroactive to the payment commencement date as determined under section 23 of this rule. The revised payment amount should be documented by an appropriate amendment of the guardianship assistance agreement. Department of Child Services; 465 IAC 4-2-22; filed 12/14/2016, 12:05 p.m.: 20170111-IR-465160216FRAReadopted filed 4/8/2022, 2:22 p.m.: 20220504-IR-465220018RFA