465 Ind. Admin. Code 2-14-5

Current through August 28, 2024

Section 465 IAC 2-14-5 - "Foster care" defined

Authority: IC 31-25-2-18; IC 31-25-2-21

Affected: IC 31-9-2-71; IC 31-9-2-114; IC 31-27; IC 31-28-5.8; IC 31-34; IC 31-37

Sec. 5.

(a) "Foster care" means residential care and supervision of an individual who is less than twenty-one (21) years of age, subject to subsection (b), in any of the following categories of homes or facilities:

(1) A foster family home licensed under IC 31-27-4 or applicable law of the state in which the home is located.

(2) The home of a relative of the individual, who is not the individual's parent, if the:

(A) home is not required to be licensed under IC 31-27-4 or applicable law of the state in which the home is located; and

(B) relative is primarily responsible for support and maintenance of the home.

(3) A child caring institution licensed under IC 31-27-3 or applicable law of the state in which the institution is located.

(4) A group home licensed under IC 31-27-5 or applicable law of the state in which the home is located.

(5) A transitional living placement.

(6) An out-of-home placement pursuant to an Indiana court order.

(b) An eligible youth, as defined in section 4(a) of this rule, must be receiving foster care:

(1) while subject to:

(A) wardship of, or court-ordered supervision by, the department, in a case pending under IC 31-34; or

(B) court-ordered supervision by a county probation department, or wardship of a person or shelter care facility, in a case pending under IC 31-37; under a dispositional decree entered by the juvenile court; or

(2) in accordance with applicable provisions of IC 31-28-5.8 and 465 IAC 2-15.1 relating to collaborative care.

(c) The term does not include detention or housing of an individual in a:

(1) juvenile detention facility, as defined in IC 31-9-2-71;

(2) facility operated by the department of correction;

(3) secure facility, as defined in IC 31-9-2-114, that is not licensed by the department;

(4) forestry camp, training school, or any other facility operated primarily for detention of delinquent children; or

(5) acute psychiatric facility.

465 IAC 2-14-5

Department of Child Services; 465 IAC 2-14-5; filed Dec 10, 2010, 10:21 a.m.: 20110105-IR-465090167FRA

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

Readopted filed 5/6/2022, 1:07 p.m.: 20220601-IR-465220094RFA