Section 465IAC2-15-10. Background checks and assessments

   (a) Upon determination under section 9 of this rule that an applicant for OYFC services meets the initial eligibility requirements, the local office of the department that made the determination shall do the following:

(1) Within five (5) business days after notification of eligibility under section 9(e) of this rule, do the following:

(A) Provide the youth with information regarding the required conduct of a background check, as described in section 8(a)(6)(A) of this rule, and take the steps necessary to complete that check.

(B) Make arrangements for completion of assessments of the youth, as required by this rule and the policies and procedures of the department applicable to those assessments. All assessments shall be completed within thirty (30) days after the initial eligibility determination under section 9 of this rule, unless extenuating circumstances require additional time for completion of any assessment. Any extension of time for completion of an assessment under this clause must be approved by the department's deputy director for field operations, or an executive manager or regional manager of the department as designee of the deputy director, and shall not exceed twenty (20) calendar days, unless the youth requests additional time for good cause and the additional time is approved by the department director or deputy director for field operations.

(2) After receipt of the background check and assessments as required under this subsection, review and evaluate the results of the background check, assessments, and any additional information obtained that is relevant to the eligibility conditions or requirements specified in section 8 of this rule. The local office will submit a written report and recommendation regarding those results to the department's permanency manager. The report shall be completed and submitted to the permanency manager within five (5) business days after receipt of the background check and assessment information, unless the permanency manager, for good cause, approves a request by the local office for an extension of time to complete the report, not exceeding an additional ten (10) business days.

  (b) The department will provide any assistance that the youth reasonably needs or requests in order to complete the assessments required in this section. The department will pay any costs or expenses incurred incident to completion of the background check and assessment requirements and procedures.

  (c) Upon receipt of a report and recommendation from a department local office as provided in subsection (a), the permanency manager of the department, or a designee approved by the deputy director for programs and services, will:

(1) make the determination whether to approve or deny the application; and

(2) transmit that determination to the local office.

  (d) The department will approve an application of an older youth who has been determined under section 9(d) of this rule to be eligible for OYFC services, if:

(1) the application, background check report, and any other information that the department obtains concerning the youth, shows no record of a:

(A) conviction of the applicant for any offense described in section 8(a)(4)(A) of this rule;

(B) juvenile delinquency adjudication described in section 8(a)(4)(B) of this rule; or

(C) determination of substantiated child abuse or neglect described in section 8(a)(4)(C) of this rule;

(2) the department has no knowledge or information that any criminal charge or delinquency petition has been filed against the applicant that:

(A) alleges commission of an offense described in section 8(a)(4)(D) of this rule; and

(B) is awaiting final determination or disposition by a court;

(3) the department has not received a report under IC 31-33-7 that:

(A) alleges the applicant is a perpetrator of child abuse or neglect (as defined in any provision of IC 31-34-1);

(B) the department has accepted for assessment under IC 31-33-8; and

(C) has not been, or will not be, determined to be unsubstantiated with respect to the applicant; and

(4) evaluation of the results of the assessments completed under subsection (a)(2) establishes that the older youth has no:

(A) history of alcohol or drug abuse that indicates a need for current treatment, counseling, or related services;

(B) current need for mental health services or treatment; or

(C) developmental delay or disability that requires special care, treatment, or services.

  (e) If evaluation of the results of the background check, assessments, and any other information obtained under subsection (a), indicates a current need for special care, treatment, or services related to any condition described in subsection (d)(4), the department may, in its discretion, approve an application of an otherwise eligible older youth for OYFC services, if the department determines that:

(1) the necessary services can be provided through the transitional services plan and placement agreement for the older youth while the youth is residing in a foster family home as provided in this rule; and

(2) a suitable foster family home is available or can be located that will:

(A) reasonably accommodate the special needs of the youth; and

(B) provide for the necessary and appropriate care, supervision, and services for the youth, in accordance with the terms and provisions of this rule and an individual services plan and agreement tailored to the particular needs of the youth.

(Department of Child Services; 465 IAC 2-15-10; filed Dec 10, 2010, 10:25 a.m.: 20110105-IR-465090168FRA)