Section 465IAC2-15-4. "Foster care" defined

   (a) "Foster care", as used in section 5 of this rule, means full-time residential care and supervision of an individual who is less than eighteen (18) years of age, away from the home of the individual's parent, guardian, or custodian, in which the individual was residing before commencement of a case under IC 31-34 or IC 31-37. Foster care placement includes, but is not limited to, placement in any of the following, regardless of whether payment for the placement is or has been made by the department or any other person or agency:

(1) A foster family home licensed under IC 31-27-4, or applicable law of the state in which the home is located.

(2) The home of a relative of the individual, if the relative home is not:

(A) required to be licensed under IC 31-27-4, or applicable law of the state in which the home is located; and

(B) the home of a parent of the individual.

(3) A child caring institution licensed under IC 31-27-3, or applicable law of the state in which the institution is located.

(4) A group home licensed under IC 31-27-5, or applicable law of the state in which the home is located.

(5) Except as provided in subsection (c), any other home or facility in which the placement has been ordered or approved by a juvenile court in a case under IC 31-34 or IC 31-37.

  (b) The term, for purposes of sections 13, 15, 16, and 18 of this rule, means residential care and supervision of an older youth in a foster family home licensed:

(1) under IC 31-27-4; or

(2) in a state that adjoins Indiana, at a place that is not more than twenty-five (25) miles from the Indiana state line, if the youth previously resided in the same foster family home, as provided in section 13 of this rule.

  (c) The term, for purposes of this rule, does not include detention or housing of an individual in a:

(1) juvenile detention facility, as defined in IC 31-9-2-71;

(2) facility operated by the department of correction;

(3) secure facility, as defined in IC 31-9-2-114, that is not licensed by the department; or

(4) forestry camp, training school, or any other facility operated primarily for detention of delinquent children.

(Department of Child Services; 465 IAC 2-15-4; filed Dec 10, 2010, 10:25 a.m.: 20110105-IR-465090168FRA)