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

Affected: IC 31-25-2-7; IC 31-34; IC 31-37

Sec. 14. (a) This section applies to a youth who is:

1. (1) not an eligible youth; and
2. (2) eligible for voluntary transition services under subsection (b).

(b) The following youth are eligible for voluntary transition services provided through the department, under the Chafee Foster Care Program for Successful Transition to Adulthood, 42 U.S.C. 677:

1. (1) A youth between eighteen (18) and twenty-three (23) years of age who:

   1. (A) is not currently receiving foster care;
   2. (B) formerly received foster care after sixteen (16) years of age for a period of at least six (6) months;

   3. (C) at the time of receiving foster care was either:

      1. (i) under wardship or court ordered supervision of the department pursuant to a dispositional decree in a child in need of services case under IC 31-34;
      2. (ii) under court ordered supervision of a county probation office, or under wardship of a person or shelter care facility, pursuant to a dispositional decree in a juvenile delinquency case under IC 31-37; or
      3. (iii) in custody or under court ordered supervision of an agency in another state based on a child abuse or neglect determination or juvenile delinquency adjudication; and
   4. (D) had a case plan while receiving foster care that identified a need for successful adulthood services.

2. (2) A youth between sixteen (16) and twenty-three (23) years of age who:

   1. (A) formerly received foster care for a period of at least six (6) months;
   2. (B) was receiving foster care at the date the youth became sixteen (16) years of age;

   3. (C) at the time of receiving foster care was either:

      1. (i) under wardship or court ordered supervision of the department pursuant to a dispositional decree in a child in need of services case under IC 31-34; or
      2. (ii) under court ordered supervision of a county probation office or wardship of a person or shelter care facility, pursuant to a dispositional decree in a juvenile delinquency case under IC 31-37; and
   4. (D) at the time foster care ended was legally adopted or placed under legal guardianship.

(c) The department will make available to a youth described in this section appropriate successful adulthood services, as described in section 6(c) of this rule, based on the terms and provisions of a voluntary transition services agreement among the department, the youth, and one (1) or more appropriate service providers.

(d) The service provider will require that all youth receiving successful adulthood services under a voluntary transition services agreement participate directly in the design of program activities and accept personal responsibility for meeting the independent living goals of the program.

(e) The department will ensure that all youth receiving services under a successful adulthood voluntary transition services agreement are referred for an appropriate life skills assessment and complete the assessment within thirty (30) days after the referral.

(f) A voluntary transition services agreement may include any of the services and subjects that would be required in a transitional services plan for an eligible youth, as determined by mutual agreement between the department and the youth.

(g) A voluntary transition services agreement shall include appropriate provisions for the time period during which services will be provided, including conditions for termination or reinstatement of services, based on applicable department policy. Services for which the department provides financial assistance may not extend beyond the date of the youth's twenty-third birthday.

(h) All services provided under a voluntary transition services agreement as described in this section shall conform to the applicable service standards approved by the department for the Chafee Foster Care Program for Successful Transition to Adulthood under 42 U.S.C. 677, that are in effect during the time the services are provided.

(Department of Child Services; 465 IAC 2-14-14; filed Dec 10, 2010, 10:21 a.m.: 20110105-IR-465090167FRA; filed Oct 12, 2016, 2:03 p.m.: 20161109-IR-465160055FRA; readopted filed Nov 9, 2022, 4:19 p.m.: 20221207-IR-465220289RFA; filed Feb 17, 2023, 3:39 p.m.: 20230315-IR-465220246FRA)