Section 465IAC2-8-5. Guardianship assistance payments

   (a) The division or county office will make monthly payments of financial assistance to a guardian eligible for assistance under section 3 of this rule, on behalf of a child eligible for assistance under section 2 of this rule, subject to all applicable conditions and limitations stated in this rule.

  (b) The division or county office will determine the amount of monthly payments to an eligible guardian under subsection (a) based on the needs of the child as determined in accordance with applicable guidelines for financial assistance to families and children provided through TANF, not exceeding a monthly payment of five hundred twelve dollars ($512) per child.

  (c) An approved monthly payment will be payable to the eligible guardian beginning with the month immediately following the month in which the latest of the following events occurs:

(1) Closure by the juvenile court of the child in need of services case of the child for whom the assistance is payable, by order entered pursuant to IC 31-34-21-11 discharging the child.

(2) Appointment of the guardian as a legal guardian of the person of the child, by order entered pursuant to IC 29-3-5.

  (d) The guardian shall apply for assistance under this rule to the county office having jurisdiction over the child in the form prescribed by the division. If the application is approved, the guardian and county director must sign a guardianship assistance agreement in the form prescribed by the division.

  (e) The county office will review at least annually the eligibility of the guardian and child for continuation of monthly assistance payments. The guardian must provide to the county office any financial and other information requested for purposes of the annual review. The county office may, at the time of and as part of the annual review, redetermine the amount of future monthly assistance payments based on the information provided or obtained by the county office and the applicable TANF guidelines.

  (f) The division may pay all or any portion of monthly assistance payments under this rule from funds available to the division through TANF. A county office may pay all or any portion of monthly assistance payments under this rule from the county family and children's fund established under IC 12-19-7 [IC 12-19-7 was repealed by P.L.146-2008, SECTION 806, effective January 1, 2009.], with approval of the division and conditioned on reimbursement of the family and children's fund from funds available to the division through TANF. (Department of Child Services; 465 IAC 2-8-5; 10.5-5; filed Jun 1, 2000, 11:20 a.m.: 23 IR 2428; readopted filed Jul 12, 2001, 1:40 p.m.: 24 IR 4235; readopted filed Nov 27, 2007, 6:52 a.m.: 20071226-IR-465070551RFA; readopted filed Nov 26, 2013, 4:02 p.m.: 20131225-IR-465130459RFA) NOTE: Transferred from the Division of Family Resources (470 IAC 3-10.5-5) to the Department of Child Services (465 IAC 2-8-5) by P.L.234-2005, SECTION 195, effective July 1, 2005.