in-20260930-IR-465260342FNA: ADOPTION ASSISTANCE PROGRAM

TITLE 465 DEPARTMENT OF CHILD SERVICES Notice of First Public Comment Period LSA Document #26-342 ADOPTION ASSISTANCE PROGRAM PURPOSE OF NOTICE The Department of Child Services (DCS) is soliciting public comment on amending and readopting rules at 465 IAC 4-1 concerning the adoption assistance program. ADDITIONAL DOCUMENTS Regulatory Analysis: 20260930-IR-465260342RAA Notice of Public Hearing: 20260930-IR-465260342PHA CITATIONS AFFECTED: 465 IAC 4-1 AUTHORITY: IC 31-19-26.5-12; IC 31-25-2-18 OVERVIEW Basic Purpose and Background The rule is being readopted with proposed substantive amendments to rule language. As part of the current readoption cycle, the majority of the rule is being continued without any substantive modification. A smaller subset of sections includes targeted updates prompted by operational needs, clarification of ambiguous language, and alignment with current procedures for adoption assistance. The implementation costs of the proposed rule are not expected to exceed the threshold set in IC 4-22-2-22.7(c)(6). For purposes of IC 4-22-2-28.1, small businesses affected by this rulemaking may contact the Small Business Regulatory Coordinator: For purposes of IC 4-22-2-28.1, the Small Business Ombudsman designated by IC 5-28-17-6 is: Resources available to regulated entities through the small business ombudsman include the ombudsman's duties stated in IC 5-28-17-6, specifically IC 5-28-17-6(9), investigating and attempting to resolve any matter regarding compliance by a small business with a law, rule, or policy administered by a state agency, either as a party to a proceeding or as a mediator. REQUEST FOR PUBLIC COMMENT DCS is soliciting public comment on the proposed rule. Comments may be submitted in one of the following ways: COMMENT PERIOD DEADLINE All comments must be postmarked or time-stamped not later than October 30, 2026. The rule, Regulatory Analysis, appendices referenced in the Regulatory Analysis, and materials incorporated by reference (if applicable) are on file at the Department of Child Services, 302 West Washington Street, Room E306, Indianapolis, Indiana and are available for public inspection. Copies of the rule, Regulatory Analysis, and appendices referenced in the Regulatory Analysis are available at the Department of Child Services office. If DCS does not receive substantive comments during the public comment period or public hearing, the rule may be adopted with text that is the same as or does not substantially differ from the text of the proposed rule published in this notice. PROPOSED RULE Sec. 11. "Hard to place child" means a child as defined in IC 31-9-2-51 IC 31-9-2.1-118 who is: Sec. 20. "Ward" means a child: Sec. 22. (a) To qualify for assistance under the Indiana adoption program, the adoptive child and adoptive parents shall must meet all the following general eligibility requirements: (b) An adoptive child is a special needs child if all the following conditions are met: (c) Reasonable efforts need not be made to place a child without adoption assistance if those efforts are not in the best interests of the child because of the existence of: (d) An adoptive parent, and each member of the adoptive parent's household who is at least fourteen (14) years of age, shall successfully complete a criminal history check, as defined in IC 31-9-2-22.5, IC 31-9-2.1-58, and a check of any applicable sex or violent offender registries, as described in IC 11-8-8, in the time and manner as specified by the department. (e) Adoption assistance is not available if the criminal history check reveals that an adoptive parent or a household member: (f) An adoptive parent may request a waiver of any record based on the results of a criminal history check conducted under IC 31-9-2-22.5, IC 31-9-2.1-58, applicable to the adoptive parent or any household member, as described in subsection (e)(6). A waiver may be requested, considered, and granted or denied under the procedure and criteria specified in the applicable department policy relating to evaluating background checks for adoptions. In considering a request for a waiver, the department shall consider the following: If a waiver request is granted, the department will not deny adoption assistance eligibility based solely on the existence of a record described in subsection (e)(6). Sec. 24. The forms of adoption assistance described in section 21 of this rule are subject to the following terms and conditions: Sec. 25. (a) The Indiana adoption assistance program application form shall be is available on the department's website and through the department's local offices. (b) A completed Indiana adoption program application must be submitted to the adoptive child's family case manager, or directly to the department if the child does not have a family case manager, no not later than ten (10) days after a petition for adoption is filed. If the application is incomplete, or the department needs additional information for purposes of determining eligibility, the department may request the additional information and set a time deadline for its submission. (c) Not later than forty-five (45) days after receipt of a complete application, the department will review the application, determine eligibility, and issue a final adoption program eligibility determination. (d) If the application is approved, a department attorney will represent the department to negotiate the adoption assistance periodic payment amount with the adoptive parent and the adoptive parent's attorney, if applicable. in accordance with guidelines and procedures established by department policy. (e) If the department determines that negotiations concerning the adoption assistance periodic payment amount have been concluded without agreement between the adoptive parent and the department, the department will send to the adoptive parent, or the adoptive parent's attorney, a final offer letter stating the amount that the department will agree to pay for periodic payments. (f) Upon receipt of the department's final offer letter, the adoptive parent may do the following: (g) Upon receipt of: the department will commence payment of the periodic payment amount stated in the signed agreement or amendment, as provided in section 24 of this rule. (h) If the amount of the periodic payment determined under subsection (g) is changed, based on the result of an administrative review or hearing conducted under the applicable provisions of 465 IAC 3, the department will pay the revised periodic payment amount, retroactive to the payment commencement date, as determined under section 24 of this rule. The revised payment amount should be documented by an appropriate amendment of the adoption assistance agreement. Sec. 29. (a) The department may suspend payments under a state adoption subsidy agreement, if: until the required adoption program status report has been submitted, reviewed, and approved by the department. (b) The department may suspend payments under a state adoption subsidy agreement if (2) the department is paying foster care maintenance payments for out-of-home care and supervision of the child. the adoptive child is placed in out-of-home care by a juvenile court in a licensed or unlicensed setting. (c) Subject to subsections (d) and (e), the department may suspend payments under an adoption assistance agreement on the ground that the adoptive parent is no longer providing financial support to the child. The department may reinstate payments suspended under this subsection, with any modifications to the agreement that may be appropriate under the circumstances and agreed to between the department and the adoptive parent, if at any time the adoptive parent resumes regular financial support of the child. (d) The department will not automatically suspend payments as provided in subsection (c), solely because the adoptive child is temporarily residing in a home or facility other than the home of the adoptive parent, and is being supported in that out-of-home placement by a person or an agency other than the adoptive parent. Before suspending payments under subsection (c), the department must determine by a preponderance of evidence, based on the particular facts and circumstances, that the adoptive parent is not providing financial support, as determined by the department, for the child while the child is residing in another home or facility. (e) No periodic payments will be made for the period of time that payments are suspended under this section. (f) If the adoptive child is the subject of a pending child in need of services case under IC 31-34, or a pending delinquency case under IC 31-37, the department may request the adoptive parent to agree to a modification of the periodic payment amount provided in the adoption assistance agreement. If the adoptive parent and department fail to agree to such a this modification, the department shall request the court having jurisdiction over the case to determine the obligation of the adoptive parent to provide financial support for the child while the child is residing in an out-of-home placement approved or ordered by the court, as provided in IC 31-40-1-5. The department may offset the amount payable under a support order against the amount of the periodic payment otherwise payable to the adoptive parent under the adoption assistance agreement. (g) If the adoptive child is residing outside of the home of the adoptive parent, and subsection (f) does not apply, the department may request the adoptive parent to agree to a modification of the periodic payment amount. If the adoptive parent and the department fail to agree to a modification requested under this subsection, the department may administratively suspend the parent's periodic payment amount, in whole or part. (h) The department shall suspend payments under an adoption assistance agreement, on the ground that the child no longer meets the requirements specified in section 32(c) or 32(e) of this rule. The department may reinstate payments suspended under this subsection, with any modifications to the agreement that may be appropriate under the circumstances and agreed to between the department and the parent, if the child subsequently meets any applicable requirements under section 32(c) or 32(e) of this rule. Sec. 31. (a) An adoptive parent may, during the term of an adoption assistance agreement, submit a modification request to change the periodic payment amount not earlier than twelve (12) months after the date of the adoption decree. (b) A request for modification may not be submitted more frequently than once in a twelve (12) month period. A request for modification must be made on the form required by the department. (c) In considering a request for modification under this section, the department may request from the adoptive parent, or any other source, additional information that may be relevant to consideration of the modification request. The department will advise the adoptive parent 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 at the time the adoption was finalized. (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 reverts to the previous amount as provided in the adoption assistance agreement before approval of the modification, or, if applicable, the reduced amount determined under section 24(2) of this rule. A temporary modification under this subsection may be extended by request of the adoptive parent and agreement of the department. A temporary modification does not count as the permanent yearly modification request. (f) In denying a request for modification under subsection (c), the department shall determine whether a one (1) time payment may meet the stated need of the child. In making this determination, the department may reimburse for: Payments will not be made for services incurred or paid in violation of any federal or state law, or when the expense has been paid or subject to reimbursement from another source of funds. These payments are distinct from the periodic payment amount of the adoption assistance agreement. (f) (g) An approved modification under this section must be reflected in a written amendment to the adoption assistance agreement. Sec. 32. (a) Adoption assistance will not be continued beyond the date on which the adoptive child becomes eighteen (18) years of age, unless continuation of adoption assistance has been approved by the department, or by court order based on an agreement entered into before January 1, 2009, for payment of a subsidy under IC 31-19-26 (repealed). (before its repeal). (b) The department may continue adoption assistance under an adoption assistance agreement for an adoptive child who has attained eighteen (18) years of age, if the department determines based on applicable department policy and guidelines, that the child has a mental or physical disability that warrants the continuation of assistance. The application for continuation under this subsection must include documentation from a medical doctor, psychiatrist, or psychologist, or practitioner licensed in the state of Indiana or in the state of residence of the adoptive child indicating a mental or physical disability that is expected to require continuous or long term treatment and limits the child's ability to be self-supporting. (c) The department may continue payment of the state adoption subsidy under a state adoption subsidy agreement, for an adoptive child who has attained eighteen (18) years of age, if the department determines based on applicable department policy and guidelines, that: (d) The amount of a state adoption subsidy continuation payment under subsection (c) shall be is determined by agreement among the department, the adoptive child, and the adoptive parent. (e) An adoptive child for whom a final adoption decree was entered after the child's sixteenth birthday will be approved for continuation of a Title IV-E adoption assistance agreement after the child's eighteenth birthday upon on documentation that the child is or will be: (f) A completed continuation application must be received by the department not more than ninety (90) days or nor less than thirty (30) days prior to the child's eighteenth birthday. (g) Except as provided in subsection (h), adoption assistance continued under this section will terminate not later than the date of the adoptive child's twenty-first birthday. (h) Adoption assistance continued under subsection (e) will terminate not later than the date of the child's twentieth birthday. Documents Incorporated by Reference: None Received by Publisher Small Business Regulatory Coordinator: Kaylee Crites, Deputy General Counsel, Department of Child Services, 302 West Washington Street, Room E306, Indianapolis, IN 46204, (317) 234-5437, kaylee.crites@dcs.IN.gov