Section 465 IAC 4-2-32 - Modification of 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
Sec. 32.
(a) A guardian who is receiving periodic payments under a guardianship assistance agreement may, during the term of the agreement, submit a modification request to change the periodic payment amount.(b) A request for modification may not be submitted more frequently than once in a twelve (12) month period.(c) In considering a request for modification under this section, the department may request from the guardian, or any other source, additional information that may be relevant to consideration of the modification request. The department will advise the guardian of its decision concerning the modification request within sixty (60) calendar days of receiving the requested information.(d) Any modified periodic payment amount requested and approved under this section cannot exceed the foster care maintenance payment rate that the child would have received if the child were in foster care.(e) Modifications may be limited to a period of time during which the basis for modification is expected to continue. Upon expiration of that time period, the periodic payment amount shall revert to the previous amount as provided in the guardianship assistance agreement before approval of the modification, or, if applicable, the reduced amount determined under section 23(2) of this rule. A temporary modification under this subsection may be extended by request of the guardian and agreement of the department.(f) An approved modification under this section must be reflected in a written amendment to the guardianship assistance agreement. Department of Child Services 465 IAC 4-2-32; filed 12/14/2016, 12:05 p.m.: 20170111-IR-465160216FRAReadopted filed 4/8/2022, 2:22 p.m.: 20220504-IR-465220018RFA