Section 465 IAC 3-2-5 - Administrative review of certain determinations under the Indiana adoption assistance program or Indiana guardianship assistance programAuthority: IC 31-19-26.5-12; IC 31-25-2-18
Affected: IC 31-9-2-17.8; IC 31-19-26.5
Sec. 5.
(a) A prospective adoptive parent or adoptive parent, or prospective guardian or legal guardian of a child, who has:(1) applied for financial or other assistance under the Indiana adoption assistance program or Indiana guardianship assistance program, administered by the department under IC 31-9-2-17.8(1)(E) or IC 31-19-26.5, or any rule or policy of the department relating to administration of those programs; or(2) entered into an adoption assistance or guardianship assistance agreement with the department and has received a final decree of adoption or order establishing a legal guardianship for a child following a determination of eligibility for assistance under the Indiana adoption assistance program or Indiana guardianship assistance program; may submit a request for administrative review of certain determinations relating to the department's administration of those programs.(b) The following determinations are subject to administrative review under this section: (1) A final Indiana adoption assistance program or Indiana guardianship assistance program eligibility determination.(2) The amount of a periodic payment that the department has agreed to pay an eligible applicant for adoption or guardianship assistance, as stated in a final offer letter that the department submitted to the applicant.(3) Denial, in whole or in part, of a request by an adoptive parent or guardian who is a party to an adoption assistance agreement or guardianship assistance agreement, for modification of the agreement to increase the periodic payment amount, due to change of circumstances after signature of the agreement, as provided in the applicable department policy.(4) Denial of an application by an adoptive parent to continue the benefits provided under the adoption assistance agreement after the child's eighteenth birthday, based on the child's mental or physical handicap that warrants continuation of assistance.(5) Denial or termination of benefits provided to an adoptive parent or guardian under an adoption assistance agreement or guardianship assistance agreement that became effective after the child's sixteenth birthday, for a time period after the child's eighteenth birthday, if the denial or termination is based on the youth's failure to comply with the applicable educational or employment requirements for continued eligibility.(6) Termination of an adoption or guardianship assistance agreement, before the child's eighteenth birthday, or suspension of periodic payments under the agreement, for reasons stated in the applicable law or department policy.(7) The amount of reimbursement that the department has agreed to pay for nonrecurring expenses relating to the adoption or establishment of legal guardianship for the child.(c) No review will be provided under this rule to an applicant or recipient of payments under the Indiana adoption assistance or guardianship assistance program, concerning any of the following department determinations:(1) Availability of funds for payments under state adoption subsidy agreements.(2) Percentage or other reductions in current periodic payments if required by applicable law due to a reduction in the foster care per diem rate that would be payable to the child in foster care.(3) Any determination related to administration of the adoption assistance or guardianship assistance program that is not described in subsection (b).(d) A person entitled to request an administrative review under this section may submit a written request for review, in the form prescribed by the department for that purpose, within fifteen (15) days after the department serves a notice or letter regarding the determination that is subject to review. The individual requesting the review may submit with the request any written information or documents that the requester considers relevant to consideration in the review.(e) The administrative review shall be conducted by a department employee who:(1) is familiar with the laws, rules, and policies applicable to the adoption assistance or guardianship assistance program;(2) was not involved in making the decision or determination that is the subject of the request for administrative review; and(3) is selected in accordance with department policy.(f) The department will notify the person who requested the administrative review of the outcome of the review, within sixty (60) days of receipt of the review request. The outcome may: (1) uphold, reverse, or modify the department's original determination; or(2) remand the issue on review for further consideration by the appropriate department office.(g) If the administrative review determination includes a department agreement or recommendation that would require amendment of an existing adoption assistance or guardianship assistance agreement, the adoptive parent or guardian who requested the review may, within thirty (30) days after receipt of the notice of outcome of the review, do either of the following:(1) Sign an amendment to the agreement that implements the review determination.(2) Request an administrative hearing under 465 IAC 3-3.Department of Child Services; 465 IAC 3-2-5; filed Nov 14, 2012, 12:46 p.m.: 20121212-IR-465120404FRAReadopted filed 9/4/2018, 2:31 p.m.: 20181003-IR-465180321RFA