Section 465IAC2-15-12. Conditional approval of applicant with certain criminal history

   (a) This section applies if an applicant for OYFC services under this rule:

(1) discloses in the application a:

(A) conviction of, or a pending criminal charge relating to, an offense or offenses that are described in section 8(a)(4)(A)(iii) or 8(a)(4)(A)(iv) of this rule; or

(B) a juvenile delinquency adjudication, or a pending juvenile delinquency petition, relating to an act described in section 8(a)(4)(B) of this rule; or

(2) has a record of a:

(A) conviction of an offense, or a juvenile delinquency adjudication, as described in subdivision (1); or

(B) substantiated determination of child abuse or neglect;

as determined by the department.

  (b) This section does not apply to any applicant who:

(1) has been convicted of, or has a pending criminal charge or juvenile delinquency petition concerning, any offense described in section 8(a)(4)(A)(i) or 8(a)(4)(A)(ii) of this rule; or

(2) is an alleged perpetrator of child abuse or neglect in a report described in section 10(d)(3) of this rule.

  (c) The department may recommend approval of OYFC services for an otherwise eligible applicant described in this section, if the department determines that the youth:

(1) has been substantially rehabilitated following:

(A) conviction of the offense;

(B) the delinquency adjudication;

(C) commission of the act that is the subject of a pending criminal charge or delinquency petition; or

(D) the substantiation of child abuse or neglect;

(2) does not have a continuing propensity to commit the offense or act that resulted in the:

(A) conviction;

(B) delinquency adjudication;

(C) pending criminal charge or delinquency petition; or

(D) substantiated determination; and

(3) is likely to:

(A) benefit from OYFC services provided through the department under this rule; and

(B) become capable, on a long-term basis, of self-support and independent living through continued employment experience, or completion of a current or prospective educational program, with the assistance of available OYFC services.

  (d) If the department recommends approval of OYFC services under this section, the local office will include in its petition filed with the court under section 11(b) of this rule:

(1) a statement of the facts and circumstances relating to any conviction, delinquency adjudication, or substantiated determination described in this section and the experience of the older youth after the conviction, adjudication, or determination; and

(2) an explanation of the reasons for the recommendation for approval of the petition.

  (e) The court may, in its discretion, grant a petition for approval of a program of OYFC services for the older youth that is recommended by the department under this section. (Department of Child Services; 465 IAC 2-15-12; filed Dec 10, 2010, 10:25 a.m.: 20110105-IR-465090168FRA)