Section 465 IAC 4-2-31 - Termination of guardianship assistance agreementsAuthority: IC 31-25-2-18
Affected: IC 5-9-4-1; IC 29-3; IC 31-9-2-17.8; IC 31-25-2-7; IC 31-25-2-8; IC 31-34-9; IC 31-34-21-7.5
Sec. 31.
(a) The department shall terminate any periodic payment and guardianship assistance agreement approved under section 22 of this rule upon occurrence of any of the following events:(1) The child's attainment of eighteen (18) years of age, except as provided in subsection (d).(2) Entry of a court order awarding legal custody of the child to a person other than the guardian.(3) Incarceration of the child in an adult correctional facility pursuant to a sentence and commitment order of a court of competent jurisdiction.(4) Detention of the child in a juvenile detention center for a period of time of not less than one hundred eighty (180) days, pursuant to an order of a juvenile court having jurisdiction of the child.(5) Entry of a dispositional decree in a child in need of services proceeding based on events occurring while the child is residing with the guardian and subsequent to the date of approval of the guardianship assistance agreement, if the dispositional decree provides for removal of the child from the home of the guardian.(7) Except as provided in subsection (c), death or incapacity of the guardian.(8) The child becomes emancipated.(9) The child commences active duty in the United States armed services or the national guard, as specified in IC 5-9-4-1(a)(2).(10) Termination of the legal guardianship by order of the court having jurisdiction in the guardianship proceeding.(11) Resignation of each guardian and appointment of a successor guardian for the child.(b) The department may terminate any periodic payment and guardianship assistance agreement approved under section 22 of this rule, upon occurrence of any of the following events: (1) The child is no longer residing in the home of the guardian.(2) The guardian has failed to submit to the department the information required or requested by the department for the guardianship program status report pursuant to section 28 of this rule.(3) The guardian is not providing financial assistance necessary or adequate for the support and maintenance of the child.(4) Except as provided in subsection (c), the guardian no longer satisfies one (1) or more of the criteria specified in section 21 of this rule.(5) The guardian has failed to maintain health insurance, or has failed to maintain Medicaid or children's health insurance program (CHIP) eligibility and coverage on behalf of the child, as required by section 24 of this rule.(6) The child has been determined to be a child in need of services by an order entered by a juvenile court in a proceeding commenced under IC 31-34-9 after approval of the guardianship assistance agreement.(7) Except as provided in subsection (c), a successor guardian has been appointed for the child in the guardianship proceeding.(8) The department has determined that appropriated funds are no longer available to support continuation of state guardianship assistance periodic payments.(c) The department shall make monthly assistance payments to a successor guardian on behalf of the child, as determined under applicable provisions of sections 23 and 32 of this rule, if the successor guardian:(1) is named in the guardianship assistance agreement (including any amendment to the agreement that was effective before the date of death or determination of incapacity of the original guardian);(2) has been appointed by the court in the guardianship proceeding as the child's guardian;(3) meets all eligibility requirements under section 21(a)(4) through 21(a)(10) of this rule; and(4) complies with all duties and responsibilities of the guardian under: (A) any applicable provision of this rule; and(B) the guardianship assistance agreement as approved and signed by the department and the original guardian, or any new guardianship assistance agreement signed by the department and the successor guardian.(d) The department may continue monthly assistance payments to the guardian on behalf of the child, after the child has attained eighteen (18) years of age, as provided in section 33 of this rule.(e) The department shall send notice of termination of assistance under this section to the guardian at the guardian's current or last known address. The notice shall include a statement of the reason or reasons for termination as determined by the department.(f) The effective date of termination of a guardianship assistance agreement under this section shall be the date of the occurrence of the applicable event.(g) If the guardian has received a payment attributable to a time after the effective date of termination, as determined under subsection (f), the guardian shall be obligated to repay the amount of that payment to the department.(h) For terminations pursuant to subsection (a)(1), the department will provide notice of termination of a guardianship assistance agreement to the guardian at least ninety (90) days before the effective date of the action. The notice will include information and instructions concerning continuation eligibility and procedures under section 33 of this rule.(i) For terminations pursuant to this section, other than subsection (a)(1), the department will provide notice of termination of a guardianship assistance agreement to the guardian within ten (10) days after receipt of notice of the occurrence. Department of Child Services; 465 IAC 4-2-31; filed 12/14/2016, 12:05 p.m.: 20170111-IR-465160216FRAReadopted filed 4/8/2022, 2:22 p.m.: 20220504-IR-465220018RFA