Authority: IC 31-28-5.8-9

Affected: IC 31-9-2-71; IC 31-9-2-114; IC 31-27; IC 31-28-5.8

Sec. 4. (a) "Foster care" means residential care and supervision of an individual who is less than twenty-one (21) years of age, in any of the following categories of homes or facilities:

1. (1) A foster family home licensed under IC 31-27-4 or applicable law of the state in which the home is located.

2. (2) The home of a relative of the individual, who is not the individual's parent, if the:

   1. (A) home is not required to be licensed under IC 31-27-4 or applicable law of the state in which the home is located; and
   2. (B) relative is primarily responsible for support and maintenance of the home.
3. (3) A child caring institution licensed under IC 31-27-3 or applicable law of the state in which the institution is located.
4. (4) A group home licensed under IC 31-27-5 or applicable law of the state in which the home is located.
5. (5) A transitional living placement.
6. (6) An out-of-home placement pursuant to an Indiana court order.

(b) The term does not include detention or housing of an individual in:

1. (1) a juvenile detention facility, as defined in IC 31-9-2-71;
2. (2) a facility operated by the department of correction;
3. (3) a secure facility, as defined in IC 31-9-2-114, that is not licensed by the department;
4. (4) a forestry camp, training school, or any other facility operated primarily for detention of delinquent children; or
5. (5) an acute psychiatric facility.

(Department of Child Services; 465 IAC 2-15.1-4; filed Oct 12, 2016, 2:03 p.m.: 20161109-IR-465160055FRA; readopted filed May 6, 2022, 1:07 p.m.: 20220601-IR-465220094RFA)