Authority: IC 31-25-2-18; IC 31-25-2-21

Affected: IC 31-25-2-21; IC 31-27; IC 31-28-5.8; IC 31-34; IC 31-37

Sec. 11. (a) If the eligible youth is in foster care under wardship or court-ordered supervision of the department, the assigned case manager will work with the youth, and with other representatives of the youth or persons acting on his or her behalf, to develop and complete the transitional services plan as required under this rule.

(b) If the eligible youth is in foster care under court-ordered supervision of a county probation department or wardship of a person or shelter care facility in a case under IC 31-37, the probation officer assigned to the case will have primary responsibility for working with the youth, and with other representatives of the youth or persons acting on his or her behalf, to develop and complete the transitional services plan as required under this rule. The department may assign an appropriate staff resource to consult with and assist the probation officer, to the extent necessary or appropriate, in developing the transitional services plan.

(c) If, at the time for development of a transitional services plan, the eligible youth is residing in:

1. (1) a child caring institution licensed under IC 31-27-3;
2. (2) a group home licensed under IC 31-27-5;
3. (3) a foster family home licensed under IC 31-27-4 that is supervised by a child placing agency licensed under IC 31-27-6; or
4. (4) any comparable residential facility in Indiana or in another state;

the assigned case manager or probation officer who is responsible for ensuring the development and completion of a transitional services plan will consult with the case manager of the facility or supervising placement agency who, with the youth's consent, will be provided the opportunity to participate in development of the plan.

(d) If, at the time for development of a transitional services plan, the eligible youth is residing in:

1. (1) a foster family home (including a relative home) licensed under IC 31-27-4;
2. (2) an unlicensed relative home in Indiana; or
3. (3) a licensed or unlicensed foster home or relative home in another state;

the assigned case manager or probation officer who is responsible for ensuring the development and completion of a transitional services plan will consult with the youth's principal adult caretaker or supervisor who, with the youth's consent, will be provided the opportunity to participate in development of the plan.

(e) If, at the time for development of a transitional services plan, the eligible youth is receiving collaborative care under IC 31-28-5.8 and 465 IAC 2-15.1, the assigned case manager will:

1. (1) work with the youth in developing and completing the plan; and
2. (2) with the youth's consent, consult with the youth's principal adult caretaker in development of the plan.

(f) The eligible youth is primarily responsible for developing a transitional services plan that is personalized and as detailed as the youth desires, subject to feasibility and reasonableness. If the youth has a guardian ad litem (GAL) or court-appointed special advocate (CASA), the assigned case manager or probation officer will, with the approval of the youth, ask the GAL or CASA to participate in development of the plan. In addition, the youth may request one (1) or more other individuals to assist the youth in development of the plan.

(g) In developing a transitional services plan, the assigned case manager or probation officer will consult with each service provider who is currently providing, or will provide, any successful adulthood services to the eligible youth.

(h) In the event that:

1. (1) any dispute arises among the eligible youth, department staff, probation officer, or other individuals assigned to participate in development of the transitional services plan; and
2. (2) the dispute cannot be resolved by agreement of the individuals involved;

the dispute may be submitted for resolution to the court having jurisdiction over the youth's case.

(i) The completed transitional services plan shall be submitted for review and approval to the assigned case manager's supervisor. Review of the plan will be completed within thirty (30) days after its submission for review under this subsection. The reviewing supervisor may request any changes or additions to the plan that are necessary for compliance with this rule, or appropriate for the facts and circumstances of the case.

(j) The approved transitional services plan shall be documented in a written agreement signed by the following individuals:

1. (1) The eligible youth.
2. (2) Each service provider identified in the plan who will be responsible for implementing services to be provided under the plan.
3. (3) The department's assigned case manager or the county probation officer who is primarily responsible for completion of the plan as provided in this section.

4. (4) Any other appropriate person who is:

   1. (A) requested by the youth to be a party to the agreement; and
   2. (B) identified in the plan as a signatory, by mutual agreement of all signatories.

(Department of Child Services; 465 IAC 2-14-11; filed Dec 10, 2010, 10:21 a.m.: 20110105-IR-465090167FRA; filed Oct 12, 2016, 2:03 p.m.: 20161109-IR-465160055FRA; readopted filed May 6, 2022, 1:07 p.m.: 20220601-IR-465220094RFA)