Section 465IAC2-8-6. Termination of guardianship assistance payments

   (a) The division or county office shall terminate any monthly assistance payment and guardianship assistance agreement approved under section 5 of this rule upon occurrence of any of the following events:

(1) The child's attainment of age eighteen (18), except as provided in subsection (c).

(2) Entry of a court order awarding legal custody of the child to a person other than the guardian.

(3) Incarceration of the child in an adult correctional facility pursuant to a sentence and commitment order of a court of competent jurisdiction.

(4) Detention of the child in a juvenile detention center for a period of time of not less than one hundred eighty (180) days, pursuant to an order of a juvenile court having jurisdiction of the child.

(5) Entry of a dispositional decree in a child in need of services proceeding based on events occurring while the child is residing with the guardian and subsequent to the date of approval of the guardianship assistance agreement if the dispositional decree provides for removal of the child from the home of the guardian.

(6) Death of the child.

(7) Adoption of the child by the guardian or any other person under IC 31-19 or the adoption laws of any other state or county.

(8) Termination of the legal guardianship by order of the court having jurisdiction in the guardianship proceeding.

  (b) The division or county office may terminate any monthly assistance payment and guardianship assistance agreement approved under section 5 of this rule, upon occurrence of any of the following events:

(1) The child is no longer residing in the home of the guardian.

(2) The guardian has failed to submit to the county office the information required or requested by the county office for the annual review of eligibility and amount of the monthly assistance payment pursuant to section 5(e) of this rule.

(3) The guardian is not providing financial assistance necessary or adequate for the support and maintenance of the child.

(4) The guardian no longer satisfies one (1) or more of the criteria specified in section 3(6) of this rule.

(5) The guardian has failed to maintain medical insurance coverage for the child as required by section 7 of this rule.

(6) The child has been determined to be a child in need of services by an order entered by a juvenile court in a proceeding commenced under IC 31-34-9 after approval of the guardianship assistance agreement.

(7) The household in which the child resides is no longer a qualifying family.

(8) A successor guardian has been appointed for the child in the guardianship proceeding.

(9) The division or county office has determined that appropriated funds are no longer available to support continuation of monthly assistance payments.

  (c) The division or county office may continue monthly assistance payments to the guardian on behalf of the child, or make monthly assistance payments directly to the child, after the child has attained eighteen (18) years of age, if the child has not attained nineteen (19) years of age and is a full-time student in a secondary school (or in the equivalent level of vocational or technical training).

  (d) The division or county office shall send notice of termination of assistance under this section by certified mail to the guardian at the guardian's current or last known address. The division or county office shall separately mail a copy of the notice addressed to the child. The notice shall include a statement of the reason or reasons for termination as determined by the county office.

  (e) The effective date of termination of a monthly assistance payment and guardianship assistance agreement under this section shall be determined as follows:

(1) If termination is based on an event described in subsection (a), the end of the calendar month in which the event occurred.

(2) If termination is based on a decision by the division or county office pursuant to subsection (b), the end of the first calendar month that ends not less than ten (10) days after the date the notice is mailed to the guardian.

If the guardian or child has received a payment attributable to a month after the effective date of termination, as determined under this subsection, the guardian or child shall be obligated to repay the amount of that payment to the division or county office. (Department of Child Services; 465 IAC 2-8-6; 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 3-10.5-6) to the Department of Child Services (465 IAC 2-8-6) by P.L.234-2005, SECTION 195, effective July 1, 2005.