Section 465 IAC 4-2-30 - Suspension of payments under guardianship assistance agreementsAuthority: IC 31-25-2-18
Affected: IC 31-9-2-17.8; IC 31-25-2-7; IC 31-25-2-8; IC 31-34; IC 31-37; IC 31-40-1-5
Sec. 30.
(a) The department may suspend payments under a state guardianship assistance agreement, if:(1) the department has not received the required status report under section 28 of this rule within ten (10) days after the due date, as specified in the agreement or in a notice requesting the report; or(2) the status report as submitted to the department does not substantially comply with the information required in the department's report form and applicable instructions; until the required guardianship program status report has been submitted, reviewed, and approved by the department.
(b) The department may suspend payments under a state guardianship assistance agreement if: (1) the child has become a ward; and(2) the department is paying foster care maintenance payments for out-of-home care and supervision of the child.(c) Subject to subsections (d) and (e), the department shall suspend payments under a guardianship assistance agreement on the ground that the guardian is no longer providing financial support to the child. The department may reinstate payments suspended under this subsection, with any modifications to the agreement that may be appropriate under the circumstances and agreed to between the department and the guardian, if at any time the guardian resumes regular financial support of the child.(d) The department will not automatically suspend payments as provided in subsection (c), solely because the child is temporarily residing in a home or facility other than the home of the guardian, and is being supported in that out-of-home placement by a person or agency other than the guardian. Before suspending payments under subsection (c), the department must determine by a preponderance of evidence, based on the particular facts and circumstances, that the guardian is not providing financial support, as determined by the department, for the child while the child is residing in another home or facility.(e) No periodic payments will be made for the period of time that payments are suspended under this section.(f) If the child is the subject of a pending child in need of services case under IC 31-34, or a pending delinquency case under IC 31-37, the department may request the guardian to agree to a modification of the periodic payment amount provided in the guardianship assistance agreement. If the guardian and department fail to agree to such a modification, the department shall request the court having jurisdiction over the case to determine the obligation of the guardian to provide financial support for the child while the child is residing in an out-of-home placement approved or ordered by the court, as provided in IC 31-40-1-5. The department may offset the amount payable under a support order against the amount of the periodic payment otherwise payable to the guardian under the guardianship assistance agreement.(g) If the child is residing outside of the home of the guardian, and subsection (f) does not apply, the department may request the guardian to agree to a modification of the periodic payment amount. If the guardian, the child's residential custodian, and the department fail to agree to a modification requested under this subsection, the department may administratively suspend the guardian's periodic payment amount, in whole or part.(h) The department shall suspend payments under a guardianship assistance agreement, on the ground that the child no longer meets the requirements specified in section 33(b) of this rule. The department may reinstate payments suspended under this subsection, with any modifications to the agreement that may be appropriate under the circumstances and agreed to between the department and the guardian, if the child subsequently meets any applicable requirements under section 33(b) of this rule. Department of Child Services; 465 IAC 4-2-30; filed 12/14/2016, 12:05 p.m.: 20170111-IR-465160216FRAReadopted filed 4/8/2022, 2:22 p.m.: 20220504-IR-465220018RFA