Section 465IAC2-15-18. Termination of OYFC services

   (a) The department may terminate the placement agreement before the expiration of its term, in accordance with the procedure specified in this section and without order of the court having jurisdiction over the older youth or the older youth foster care case, for any of the following reasons:

(1) The youth fails to maintain the applicable program eligibility requirements, as provided in section 17 of this rule.

(2) The youth fails to provide to the assigned monitor any report as specified in section 17 of this rule, within the later of seven (7) days after the:

(A) date the report is due, as provided in the placement agreement; or

(B) youth receives a written or verbal reminder from the assigned monitor that the monthly report is overdue.

(3) The youth substantially or repeatedly violates any rules or standards of conduct specified in department policy, or required by the foster parent home in which the youth is residing for purposes of foster care, as provided in section 16 of this rule.

(4) The youth is:

(A) convicted of an offense described in section 8(a)(4)(A) of this rule; or

(B) adjudicated a delinquent based on a petition described in section 8(a)(4)(D)(ii) of this rule;

unless the charge or petition on which the conviction or adjudication was based was disclosed and considered before approval of the placement agreement for OYFC services under section 12 of this rule.

(5) Subject to subsection (c), the assigned monitor or the department receives credible evidence that the youth is obtaining, distributing, or using one (1) or more controlled substances or alcoholic beverages under circumstances prohibited by applicable state or federal law.

(6) Subject to subsection (d), a local office of the department has identified the youth as a perpetrator of substantiated child abuse or neglect, based on a report received and assessment completed after the date of signature of the placement agreement.

(7) The youth:

(A) has graduated from the school, or received the certification or degree from the educational program, that the department identified as the basis for eligibility of the youth for OYFC services under section 8(a)(1)(C), 8(a)(1)(D), or 8(a)(1)(F) of this rule; and

(B) is not employed, as described in section 8(a)(1)(A) or 8(a)(1)(B) of this rule.

(8) If eligibility of the youth for OYFC services was based on intent to enroll in a postsecondary educational program under section 8(a)(1)(E) of this rule, the youth failed to:

(A) complete enrollment in the program identified in the application, or a comparable educational program approved by the department, within six (6) months after the youth's eighteenth birthday; or

(B) begin attendance in the program within nine (9) months after the youth's eighteenth birthday.

(9) The youth is terminated or voluntarily withdraws from the school or educational program in which the youth was enrolled as provided in section 8(a)(1)(C), 8(a)(1)(D), or 8(a)(1)(F) of this rule.

(10) The youth has moved from the home in which the youth was residing for purposes of foster care, as provided in the placement agreement, without consent or approval of the department local office of the county where the home is located.

(11) The youth's transitional services plan agreement is terminated under any applicable provision of 465 IAC 2-14-13.

(12) The department discovered after approval of the application and placement agreement that the youth made a materially false or misleading statement in the application, or knowingly omitted a fact or facts material to determination of eligibility for OYFC services, if the false, misleading, or omitted information would have provided a ground for denial of the application under section 14(a)(1) of this rule.

(13) Subject to subsection (c), the assigned monitor recommends, and the local office director approves, termination of the placement agreement and OYFC services for other good cause.

  (b) If criminal charges are filed against the older youth:

(1) regarding an offense described in section 8(a)(4) of this rule;

(2) after the date of signature of the placement agreement; and

(3) while the youth is receiving OYFC services under the placement agreement;

the department may suspend the OYFC services provided under the placement agreement or the youth's transitional services plan agreement, pending disposition of the charges. However, the department will continue to pay the applicable foster care rate to the foster care home, as provided in section 15(e) of this rule, if the youth continues to reside in the home while the criminal charges are pending.

  (c) A termination based on subsection (a)(5) or (a)(13) will not be effective until a date stated in a written notice mailed or delivered to the older youth, that is not less than thirty-three (33) days after the date the notice is mailed or delivered. The notice:

(1) shall include a statement of the specific facts on which the proposed termination is based; and

(2) will provide to the youth an opportunity to present to the local office director of the county where the youth is residing, by written response and by personal interview if requested, any reasons why the proposed termination should not be approved.

The reasons may include evidence that the factual allegations stated in the notice are false or inaccurate.

  (d) A termination based on subsection (a)(6) will not be effective until completion of any administrative review and administrative hearing procedures, available under applicable rules or policies of the department, if the older youth timely submits a request for an administrative review or hearing as provided in those rules or policies.

  (e) A termination based on subsection (a)(8) will be effective immediately, on the date the termination notice is mailed or delivered to the youth.

  (f) Subject to subsections (c), (d), and (e), a termination notice under this section will be effective on the date stated in the notice. The effective date will not be earlier than ten (10) days after the date the notice is mailed or delivered to the youth. Within ten (10) days after the date of the notice, the youth may request informal counseling with the assigned monitor or another representative of the department, concerning the stated grounds for termination and any related facts or circumstances. The department may agree to suspend or delay the effective date at the request of the youth and counselor.

  (g) Except as provided in subsection (h), all OYFC services provided under the placement agreement will be suspended on the termination effective date, and will terminate upon expiration of the time allowed to request administrative review under section 19(d) of this rule. If administrative review is timely requested, the services will remain suspended until completion of the administrative review proceedings.

  (h) This subsection does not apply to a notice of termination of OYFC services under subsection (a)(8) for failure to enroll timely in a school or educational program, or under subsection (a)(10) for moving from the approved foster home without consent or approval of the department local office. The department will continue to make payments to the foster parent, as provided in section 15(e) of this rule, until expiration of the time for requesting administrative review of a termination notice under section 19 of this rule, or until a timely requested administrative review has been completed, if both the older youth and the foster parent request continuation of the placement during that time.

  (i) The older youth may terminate the placement agreement by giving written notice to the department that the youth:

(1) intends to move from the foster family home in which placement for foster care was approved by the department to another independent living arrangement, without prior approval of the department; or

(2) subject to subsection (j), does not intend to complete the program or services identified in the placement agreement, or maintain the applicable employment or educational requirements as specified in section 17 of this rule.

  (j) Termination of services provided under the older youth's transitional services plan agreement is subject to the procedures specified in 465 IAC 2-14-13.

  (k) Whenever a placement agreement is terminated under this section, the local office will:

(1) file with the court that approved the petition for OYFC services under IC 31-28-5.7-1(c) [IC 31-28-5.7 was repealed by P.L.48-2012, SECTION 33, effective March 14, 2012.] or section 12(e) of this rule a notice stating the effective date of termination; and

(2) request that the court terminate jurisdiction over the older youth and close the older youth foster care case.

  (l) The provisions of the placement agreement described in section 15(g) of this rule shall include a summary of the grounds and procedures for termination of the agreement, as provided in this section.

  (m) Upon termination of a placement agreement under this section, the assigned monitor will meet with the older youth to do the following:

(1) Review the provisions of the transitional services plan agreement, unless the transitional services plan agreement has been or will be terminated.

(2) Provide to the older youth information concerning other services that may be available to assist the youth, including, but not limited to, voluntary transition services for which the youth may be eligible under any applicable provision of 465 IAC 2-14.

(Department of Child Services; 465 IAC 2-15-18; filed Dec 10, 2010, 10:25 a.m.: 20110105-IR-465090168FRA)