Authority: IC 31-25-2-18

Affected: IC 29-3-5; IC 29-3-8-9; IC 31-9-2-17.8; IC 31-25-2-7; IC 31-25-2-8; IC 31-34-21-7.5; IC 31-34-21-11

Sec. 23. The forms of guardianship assistance described in section 19 of this rule are subject to the following terms and conditions:

1. (1) The periodic payment amount under a Title IV-E guardianship assistance agreement, or state guardianship assistance agreement, shall:

   1. (A) be negotiated between the department and the guardian, taking into consideration the circumstances of the guardian and the needs of the child;
   2. (B) be for an amount that is more than zero dollars ($0) but does not exceed the foster care maintenance payment rate that would have been paid on behalf of the child in foster care;
   3. (C) be paid to the guardian at regular intervals determined by the department;

   4. (D) be subject to increase or decrease during the term of the agreement:

      1. (i) by agreement between the department and the guardian, due to a change in the child's or family's circumstances; or
      2. (ii) in the discretion of the department, by a percentage equivalent to the percentage of any increase or decrease in the applicable foster care maintenance payment rates;
   5. (E) begin under any guardianship assistance agreement after a copy of the final order creating the guardianship and the signed guardianship assistance agreement are submitted to the department; and
   6. (F) be effective as of the date of entry of the order creating the guardianship containing the provisions required in IC 29-3-8-9(f).

2. (2) The department may unilaterally, without consent of the guardian or amendment of the agreement, institute an across-the-board reduction of the payment amount specified in a state guardianship assistance agreement, if:

   1. (A) the department determines that the reduction is necessary due to the insufficiency of available funds; and
   2. (B) the state guardianship assistance agreement authorizes the department to make percentage reductions in the periodic payment.
3. The department will send to the guardian, not less than thirty (30) days before the effective date of any reduction of the periodic payment amount under this subdivision, a notice stating the effective date and amount of the reduced periodic payment, the reasons for the reduction, and the estimated time and conditions for expiration of the reduction.
4. (3) If the child is determined to be eligible for Title IV-E guardianship assistance and thus eligible for Medicaid, Medicaid coverage for the child under a guardianship assistance agreement will begin when a copy of the order creating the guardianship and the signed guardianship assistance agreement are submitted to the department.
5. (4) Medicaid benefits shall be provided in accordance with applicable provisions of 405 IAC.
6. (5) Nonrecurring expenses payable to a guardian pursuant to a signed NRE agreement shall not exceed the amount allowable by state or federal law per eligible child for whom a guardianship assistance agreement has been signed.

7. (6) A request for payment of nonrecurring guardianship expenses pursuant to a signed NRE agreement must be submitted to the department in the manner prescribed by the department no later than two (2) years after:

   1. (A) entry of the order creating the guardianship; or

   2. (B) if a final order creating a guardianship is not entered, the earlier of:

      1. (i) notice to the department of a decision not to proceed with the guardianship; or
      2. (ii) the filing of a motion to dismiss a petition for appointment of a guardian.

(Department of Child Services; 465 IAC 4-2-23; filed Dec 14, 2016, 12:05 p.m.: 20170111-IR-465160216FRA; readopted filed Apr 8, 2022, 2:22 p.m.: 20220504-IR-465220018RFA)