Section 465 IAC 2-8-3 - Eligibility of guardianAuthority: IC 31-25-2-18
Affected: IC 12-14-28; IC 31-27-4; IC 31-34-21-7.5
Sec. 3.
A guardian who meets all the following criteria shall be eligible to receive assistance on behalf of a child who is eligible for assistance under section 2 of this rule:
(1) The guardian must be a relative of the child.(2) The guardian must reside in a home that meets all requirements for licensing as a foster family home under IC 31-27-4 and 465 IAC 2-1.5.(3) The eligible child must currently reside with the guardian in the home of the guardian.(4) The eligible child must have resided with the guardian in the guardian's home for a continuous period of time not less than six (6) months.(5) The guardian must be primarily responsible for providing for appropriate care, support, maintenance, education, and welfare of the child.(6) The guardian must meet each of the following criteria, as shown by a home study and evaluation of the guardian and child prepared or approved by a county office: (A) Have the current and projected continuing ability to provide for the child's physical, mental, emotional, educational, and psychological needs, upon termination of supervision of the child by the department or county office, except for provision of assistance approved under this rule.(B) Have the continuing ability, willingness, and motivation to access and obtain appropriate services outside the home that are necessary or appropriate for the health, education, development, and well-being of the child and that will assist the child in becoming a self-supporting adult to the maximum extent feasible.(C) Have established a nurturing, stable relationship with the child in which the child indicates a desire to continue a family relationship and residence with the guardian in the guardian's household.(D) Have demonstrated the ability to determine and regulate an appropriate level of relationship and ongoing contacts with any parent or other close relative of the child, consistent with the safety and best interests of the child, and in conformance with any plan of visitation ordered or approved by the court in the child in need of services proceeding.Department of Child Services; 465 IAC 2-8-3; filed Jun 1, 2000, 11:20 a.m.: 23 IR 2427; readopted filed Jul 12, 2001, 1:40 p.m.: 24 IR 4235; readopted filed Nov 27, 2007, 6:52 a.m.: 20071226-IR-465070551RFA; readopted filed November 26, 2013, 4:02 p.m.: 20131225-IR-465130459RFAFiled 12/14/2016, 12:05 p.m.: 20170111-IR-465160216FRAReadopted filed 10/10/2019, 10:42 a.m.: 20191106-IR-465190320RFA Transferred from the Division of Family Resources ( 470 IAC 3-10.5-3) to the Department of Child Services ( 465 IAC 2-8-3) by P.L. 234-2005, SECTION 195, effective July 1, 2005.