Section 465IAC2-14-12. Contents of transitional services plans

   (a) A transitional services plan shall include, at a minimum, the successful adulthood services specified in section 6(b) of this rule.

  (b) The transitional services plan may include any additional successful adulthood services described in section 6(c) of this rule.

  (c) All successful adulthood services provided in the transitional services plan shall conform to the applicable service standards approved by the department for the Chafee Foster Care Independence Program for which federal funding is provided under 42 U.S.C. 677, including services relating to mentoring and lifelong connections, that are in effect during the term of the plan.

  (d) A transitional services plan shall also include documentation that the youth has been provided an explanation of, and an opportunity to sign after the youth has attained eighteen (18) years of age, any health care power of attorney, health care proxy, or similar document recognized under Indiana law that the youth may request, which may include:

(1) a health care power of attorney (IC 30-5-5-17);

(2) appointment of a health care representative (IC 16-36-1-7);

(3) a disqualification of designated individuals for purposes of making or participating in health care treatment decisions (IC 16-36-1-9);

(4) a psychiatric advance directive (IC 16-36-1.7);

(5) a living will declaration (IC 16-36-4-10);

(6) a life prolonging procedures will declaration (IC 16-36-4-11); or

(7) an out of hospital do not resuscitate (DNR) declaration (IC 16-36-5-15).

  (e) A transitional services plan shall also include the document described in IC 31-28-5.8, containing the description of rights and signed acknowledgement.

  (f) This subsection applies if the juvenile court continues jurisdiction under IC 31-30-2-1, after the youth has attained eighteen (18) years of age, in the youth's:

(1) child in need of services case under IC 31-34, with continuing wardship responsibility of the department; or

(2) delinquency case under IC 31-37, with continuing wardship responsibility of a county probation department.

The department or probation officer will not give the youth an opportunity to sign a document described in subsection (d)(1) or (d)(2) immediately after the youth has attained eighteen (18) years of age. In that event, the department or probation officer will give the youth another opportunity to sign either of those documents at a time within ninety (90) days before the date the court case is expected to close and the youth discharged from court supervision and wardship, effective on the date of closing of the case.

  (g) A youth to whom subsection (f) applies may sign any of the documents described in subsection (d)(3) through (d)(7) at any time after the youth attains eighteen (18) years of age. (Department of Child Services; 465 IAC 2-14-12; filed Dec 10, 2010, 10:21 a.m.: 20110105-IR-465090167FRA; filed Oct 12, 2016, 2:03 p.m.: 20161109-IR-465160055FRA)