in-20260930-IR-465260342RAA: Regulatory Analysis — 465 IAC (LSA #260342)

TITLE 465 DEPARTMENT OF CHILD SERVICES Regulatory Analysis LSA Document #26-342 I. Description of Rule II. Fiscal Impact Analysis III. Impacted Parties IV. Changes in Proposed Rule Section (Citation) What the Section Covers (Brief) Summary of Change (Detailed) Old Language (excerpt) New/Final Language (excerpt) Practical Impact / Notes 465 IAC 4-1-22(a)(1); General eligibility requirements Conditions for child/adoptive parent eligibility. Wardship requirement shifted to adoption finalization instead of petition filing. when the petition for adoption is filed when the petition for adoption is granted and the adoption finalized Clarifies eligibility point; aligns with federal practice. 465 IAC 4-1-22(f); General eligibility - background checks Disqualifying criminal history and waiver process. Waiver criteria codified in rule-time since event, severity, rehabilitation. waiver considered under department policy Incorporates prior policy into administrative code Creates transparent, defensible waiver process. 465 IAC 4-1-24(1)(B); Periodic payments; limits Payment negotiation and maximum amounts. Cap tied to foster care rate at time of adoption finalization. not exceed the foster care maintenance payment rate not exceed the foster care rate at time the adoption was finalized Eliminates rate ambiguity across years. 465 IAC 4-1-29(b); Suspension of payments Conditions for suspending payments. Suspension now triggered by juvenile court out-of-home placement (licensed or unlicensed). ward and foster care payments placement by juvenile court triggers suspension Simplifies trigger; reduces administrative proof burdens. 465 IAC 4-1-31(a), (b), (d), (e), (f); Modification of adoption assistance agreements Rules for changing periodic payment amounts. Adds 12-month wait, form requirement, cap tied to finalization rate, temporary mod rules, and new one-time payment pathway. no wait; no form; no one-time payments 12-month wait; required form; temporary mod rules; one-time payments Standardizes process; targeted support alternative. 465 IAC 4-1-32(b); Continuation beyond age 18 - disability Criteria and documentation for extension. Expanded list of acceptable licensed professionals. doctor, psychiatrist, or psychologist doctor, psychiatrist, psychologist, or licensed practitioner Improves access and reduces documentation barriers. 465 IAC 4-1-32(e)(2); Continuation beyond age 18 - Title IV-E Education/employment criteria for youth adopted after 16. Adds clarifying language. attending school attending until 21st birthday Clarifies education requirement V. Benefit Analysis VI. Cost Analysis VII. Sources of Information VIII. Regulatory Analysis IX. Contact Information of Staff to Answer Substantive Questions Readoption Review I. Statement Whether the Subject Matter Covered by the Rule Remains Carried out by the Agency II. Rationale for the Continued Need for the Rule III. Analysis of fees, fines, and civil penalties under IC 4-22-2-19.6 IV. Cost-Benefit, Economic Impact, Fiscal Impact, or Regulatory Burden Statements V. Alternative Methods of Achieving the Purpose of the Rule VI. Complaints and Comments VII. Difficulties Encountered VIII. Changes in Technology, Economic Conditions, or Other Factors IX. Other State or Federal Requirements Rule Federal or comparison state difference. 465 IAC 4-1-21: Types of adoption assistance Indiana adding special service subsidy amounts is less burdensome or restrictive than other states as it adds an option for a one-time reimbursable payment for specific things. Ohio has PASSS funding for extra services related to special needs. 465 IAC 4-1-22: General eligibility requirements Idaho is less restrictive: adoptive families can request adoption assistance after adoption up to the child's age of 18, even if they had not requested it before. This would be completely state- funded and have a significant fiscal impact. Indiana requires the application for AAP be submitted within 10 days of the petition to adopt being filed. 465 IAC 4-1-24: Indiana adoption assistance program periodic payments and benefits; conditions Most states have tiered payments similar to Indiana's structure but with programmatic differences. South Dakota allows payments to go above the foster care maintenance rate if special circumstances are determined and granted by their department. Ohio allows for payments to be above the foster care maintenance rate, but anything over will be paid by the county. 465 IAC 4-1-25: Determinations of eligibility and periodic payment amounts Illinois does not have a time frame in which they are required to communicate decisions to adoptive parents regarding AAP. Indiana's accountability requirement should be maintained to ensure timely communication of these decisions to applicants who are seeking to adopt Hoosier children. O465 IAC 4-1-31: Modification of adoption assistance agreements Indiana is less restrictive with modifications as the proposed change would describe how temporary modifications do not count towards the yearly permanent modification change. X. Previous Amendments XI. Integration into Indiana Code XII. Contact Information of Staff to Answer Substantive Questions Notice of First Public Comment Period: 20260930-IR-465260342FNA