Section 465IAC2-15-8. Eligibility for older youth foster care services

   (a) An older youth may receive OYFC services, as provided in this rule and in accordance with department policies that implement this rule, if the older youth meets all of the following conditions:

(1) The youth:

(A) is employed by one (1) or more employers, for compensation, for work regularly performed during at least thirty-five (35) hours per week;

(B) is both:

(i) employed on a part-time basis by one (1) or more employers, for compensation, for work regularly performed during at least sixteen (16) hours per week; and

(ii) actively seeking, and making reasonable efforts, as determined by the department, to obtain full-time employment, as described in clause (A);

(C) is currently enrolled in good standing as a full-time student in a secondary school or a post-secondary vocational or educational certification or degree program and making satisfactory academic progress, as determined by the department based on information provided by the school or program in which the youth is enrolled, toward completion of the requirements of the school or program for receipt of the applicable degree or certification;

(D) is enrolled as a full-time student in a school or program described in clause (C) for the semester, term, or course of study that begins within three (3) months after the date the youth applies to the department for OYFC services as provided in this rule;

(E) intends to enroll within six (6) months after the youth's eighteenth birthday in a postsecondary vocational or educational certification or degree program that will commence within nine (9) months after the youth's eighteenth birthday; or

(F) is both:

(i) employed part-time, for compensation, for work regularly performed at least sixteen (16) hours per week; and

(ii) enrolled as a part-time student in a school or educational program leading to a degree or certification upon its satisfactory completion, in a manner and course of study approved by the school or program.

(2) The youth is a bona fide resident of Indiana.

(3) The youth:

(A) is not married;

(B) is a party to a decree of legal separation of the youth and his or her spouse, that has been granted under IC 31-15-3-9 and is in effect; or

(C) is a party to a proceeding for dissolution of marriage that was filed under IC 31-15-2-4 and is pending.

(4) Except as provided in section 12 of this rule, the youth:

(A) has not been convicted of:

(i) any felony described in IC 31-27-4-13;

(ii) any misdemeanor relating to the health or safety of a child (as determined by the department);

(iii) any other felony; or

(iv) four (4) or more misdemeanors resulting from separate and unrelated acts or occurrences;

(B) has not been adjudicated as a delinquent child under IC 31-37, or comparable law of another state, territory, or country, based on an act or acts that would be a criminal offense or offenses under Indiana law, described in clause (A), if committed by an adult;

(C) does not have a record of substantiated child abuse or neglect entered in the Indiana child protection index under IC 31-33-26, or in any comparable registry or index of child abuse or neglect determinations maintained by the United States or by any other state or United States territory or possession from which the department obtained background check information concerning the youth; and

(D) does not have a pending:

(i) criminal charge of commission of any felony, or any misdemeanor relating to the health or safety of a child; or

(ii) petition filed under IC 31-37-10-3 alleging commission, before the youth became eighteen (18) years of age, of a delinquent act that would have been a felony, or a misdemeanor related to the health and safety of a child, if committed by an adult.

(5) The youth is not named as an alleged perpetrator of child abuse or neglect in a report that the department has received and accepted for assessment under IC 31-33-8, unless the department determines that the report will be unsubstantiated regarding the youth.

(6) The youth or the department has completed, and the department has reviewed and evaluated the results of, the following procedures:

(A) A background check of the child protection index maintained by the department under IC 31-33-26-2, and any similar index or registry maintained in any state or jurisdiction where the youth resided within the previous five (5) years, for information concerning any substantiated report of child abuse or neglect identifying the youth as a perpetrator.

(B) Substance abuse, mental health, and developmental delay assessments, as provided in section 10 of this rule.

(7) The youth has not previously received OYFC services that have been terminated under section 18 of this rule.

(8) The youth is not receiving any services or assistance described in subsection (b).

(9) The youth has not been called into active duty as a member of any of the armed forces of the United States or the national guard, as specified in IC 5-9-4-1(a)(2).

  (b) If the older youth is participating in, and receiving assistance through the department under, any of the following programs, the youth is not eligible for OYFC services under this rule:

(1) Room and board services under the Chafee Foster Care Independence Program, 42 U.S.C. 677.

(2) Financial assistance for housing under the education and training voucher program described in 42 U.S.C. 677(i).

(Department of Child Services; 465 IAC 2-15-8; filed Dec 10, 2010, 10:25 a.m.: 20110105-IR-465090168FRA)