CHAPTER 2. GENERAL DUTIES OF THE DEPARTMENT OF CHILD SERVICES
IC 31-25-2
Chapter 2. General Duties of the Department of Child Services
IC 31-25-2-1
"Department"
Sec. 1. As used in this article, "department" refers to thedepartment of child services established by IC 31-25-1-1.
As added by P.L.145-2006, SEC.271.
IC 31-25-2-2
Personnel
Sec. 2. The director may employ necessary personnel to carry outthe department's responsibilities subject to:
(1) the budget agency's approval under IC 4-12-1-13; and
(2) IC 4-15-2.
As added by P.L.145-2006, SEC.271.
IC 31-25-2-2.5
No personal liability for official acts
Sec. 2.5. The following are not personally liable, except to thestate, for an official act done or omitted in connection withperformance of duties under this title:
(1) The director of the department.
(2) Other officers and employees of the department.
As added by P.L.146-2008, SEC.563.
IC 31-25-2-3
Department organization
Sec. 3. The director shall determine the best manner of organizingthe department to provide the necessary services throughout Indianato fulfill the purposes of this article.
As added by P.L.145-2006, SEC.271.
IC 31-25-2-4
Family case manager caseload reports
Sec. 4. One (1) time every twelve (12) months, the departmentshall submit a report to the budget committee and to the legislativecouncil that provides data and statistical information regardingcaseloads of family case managers. The report made to the legislativecouncil must be in an electronic format under IC 5-14-6.
As added by P.L.145-2006, SEC.271. Amended by P.L.131-2009,SEC.26.
IC 31-25-2-4.5
Annual report on notice of twenty-first century scholars programto individuals receiving foster care
Sec. 4.5. One (1) time every year, the department shall submit areport to the legislative council that provides:
(1) data and statistical information regarding the number ofindividuals receiving foster care who are notified of the
twenty-first century scholars program under IC 21-12-6 andIC 21-12-6.5, including the percentage of individuals receivingfoster care who are notified; and
(2) information regarding how the department notifiesindividuals in foster care of the twenty-first century scholarsprogram under IC 21-12-6 and IC 21-12-6.5.
The report made to the legislative council must be in an electronicformat under IC 5-14-6.
As added by P.L.100-2009, SEC.4.
IC 31-25-2-5
Caseload limitations
Sec. 5. (a) The department shall ensure that the departmentmaintains staffing levels of family case managers so that each countyhas enough family case managers to allow caseloads to be at notmore than:
(1) twelve (12) active cases relating to initial assessments,including investigations of an allegation of child abuse orneglect; or
(2) seventeen (17) children monitored and supervised in activecases relating to ongoing services.
(b) The department shall comply with the maximum caseloadratios described in subsection (a).
As added by P.L.145-2006, SEC.271. Amended by P.L.146-2008,SEC.564.
IC 31-25-2-6
Report requirements
Sec. 6. The report required under section 4 of this chapter must dothe following:
(1) Indicate the department's progress in recruiting, training, andretaining family case managers.
(2) Describe the methodology used to compute caseloads foreach family case manager.
(3) Indicate whether the statewide average caseloads for familycase managers exceed the caseload standards established by thedepartment.
(4) If the report indicates that average caseloads exceedcaseload standards, include a written plan that indicates thesteps that are being taken to reduce caseloads.
(5) Identify, describe, and, if appropriate, recommend bestmanagement practices and resources required to achieveeffective and efficient delivery of child protection services.
As added by P.L.145-2006, SEC.271. Amended by P.L.131-2009,SEC.27.
IC 31-25-2-7
Department duties
Sec. 7. (a) The department is responsible for the following:
(1) Providing child protection services under this article. (2) Providing and administering child abuse and neglectprevention services.
(3) Providing and administering child services.
(4) Providing and administering family services.
(5) Providing family preservation services under IC 31-26-5.
(6) Regulating and licensing the following under IC 31-27:
(A) Child caring institutions.
(B) Foster family homes.
(C) Group homes.
(D) Child placing agencies.
(7) Administering the state's plan for the administration of TitleIV-D of the federal Social Security Act (42 U.S.C. 651 et seq.).
(8) Administering foster care services.
(9) Administering independent living services (as described in42 U.S.C. 677 et seq.).
(10) Administering adoption services.
(11) Certifying and providing grants to the youth servicesbureaus under IC 31-26-1.
(12) Administering the project safe program.
(13) Paying for programs and services as provided underIC 31-40.
(b) This chapter does not authorize or require the department to:
(1) investigate or report on proceedings under IC 31-17-2relating to a child who is not the subject of an open child inneed of services case under IC 31-34; or
(2) otherwise monitor child custody or visitation in dissolutionof marriage proceedings.
(c) This chapter does not authorize or require the department to:
(1) conduct home studies; or
(2) otherwise participate in guardianship proceedings underIC 29-3;
other than those over which the juvenile court has jurisdiction underIC 29-3-2-1(c) or IC 31-30-1-1(10).
As added by P.L.145-2006, SEC.271. Amended by P.L.146-2008,SEC.565.
IC 31-25-2-8
Department as single state agency responsible for administeringcertain grants, funds, and programs; Title IV-E on behalf of Indianchildren
Sec. 8. (a) The department is the single state agency responsiblefor administering the following:
(1) Title IV-B of the federal Social Security Act under 42U.S.C. 620 et seq.
(2) Title IV-E of the federal Social Security Act under 42U.S.C. 670 et seq.
(3) The federal Child Abuse Prevention and Treatment Actunder 42 U.S.C. 5106 et seq.
(4) The federal Social Services Block Grant under 42 U.S.C.1397 et seq. (5) Any other federal program that provides funds to states forservices related to the prevention of child abuse and neglect,child welfare services, foster care, independent living, oradoption services.
(b) This subsection applies beginning October 1, 2009. Under 42U.S.C. 671(a)(32), the department shall negotiate in good faith withany Indian tribe, tribal organization, or tribal consortium in the statethat requests to develop an agreement with the state to administer allor part of Title IV-E of the federal Social Security Act under 42U.S.C. 670 et seq., on behalf of Indian children who are under theauthority of the tribe, tribal organization, or tribal consortium.
As added by P.L.145-2006, SEC.271. Amended by P.L.131-2009,SEC.28.
IC 31-25-2-9
Repealed
(Repealed by P.L.1-2009, SEC.174.)
IC 31-25-2-10
Department duties concerning staff
Sec. 10. (a) This section applies after June 30, 2008.
(b) The department of child services:
(1) must have sufficient qualified and trained staff to:
(A) fulfill the purpose of this article;
(B) comply with the maximum caseload ratios for:
(i) family case managers; and
(ii) child welfare caseworkers;
as set forth in IC 31-25-2-5;
(2) must be organized to maximize the continuity ofresponsibility, care, and service of individual family casemanagers toward individual children and families;
(3) must provide training to representatives of the departmentregarding the legal duties of the representatives in carrying outthe responsibility of the department under section 7 of thischapter, which may consist of various methods of informing therepresentatives of their duties, in order to protect the legal rightsand safety of children and families from the initial time ofcontact during the investigation through treatment; and
(4) must provide training to representatives of the childprotection services system regarding the constitutional rights ofthe child's family, including a child's guardian or custodian, thatis the subject of an assessment of child abuse or neglectconsistent with the Fourth Amendment to the United StatesConstitution and Article 1, Section 11 of the Constitution of theState of Indiana.
As added by P.L.145-2006, SEC.271. Amended by P.L.131-2009,SEC.30.
IC 31-25-2-11
Powers, responsibilities, and duties Sec. 11. (a) Except in cases involving a child who may be a victimof institutional abuse or cases in which police investigation alsoappears appropriate, the department is the primary public agencyresponsible for:
(1) receiving;
(2) assessing or arranging for assessment of; and
(3) coordinating the assessment of;
all reports of a child who may be a victim of known or suspectedchild abuse or neglect.
(b) In accordance with a local plan for child protection services,the department shall, by juvenile court order:
(1) provide protection services to prevent cases where a childmay be a victim of further child abuse or neglect; and
(2) provide for or arrange for and coordinate and monitor theprovision of the services necessary to ensure the safety ofchildren.
(c) Reasonable efforts must be made to provide family servicesdesigned to prevent a child's removal from the child's parent,guardian, or custodian.
As added by P.L.145-2006, SEC.271. Amended by P.L.131-2009,SEC.31.
IC 31-25-2-12
Notice of existence of photographs, x-rays, and physical medicalexamination reports
Sec. 12. The department shall give notice of the existence andlocation of photographs, x-rays, and physical medical examinationreports to:
(1) the appropriate prosecuting attorney; and
(2) the appropriate law enforcement agency, if the lawenforcement agency has not already received the itemsdescribed in this section under IC 31-33-10-3.
As added by P.L.145-2006, SEC.271.
IC 31-25-2-13
Access to photographs, x-rays, and physical medical examinationreports
Sec. 13. Photographs, x-rays, or physical medical examinationreports shall be made available to:
(1) the law enforcement agency having jurisdiction;
(2) the department;
(3) the prosecuting attorney;
(4) the guardian ad litem; or
(5) the court appointed special advocate appointed by thejuvenile court;
for use in any judicial proceeding relating to the subject matter of areport made under this article and, to the extent permissible under theIndiana Rules of Trial Procedure, to the adverse party in anyproceeding arising under this article.
As added by P.L.145-2006, SEC.271.
IC 31-25-2-14
Cooperation with public and private agencies
Sec. 14. (a) The department shall cooperate with and shall seekand receive the cooperation of appropriate public and privateagencies, including the following:
(1) Law enforcement agencies.
(2) The courts.
(3) Organizations, groups, and programs providing or concernedwith services related to the prevention, identification, ortreatment of a child who may be a victim of child abuse orneglect.
(b) The department shall also cooperate with public and privateagencies, organizations, and groups that provide family servicesdesigned to prevent a child's removal from the child's home.
(c) Cooperation and involvement under this section may includethe following:
(1) Consultation services.
(2) Planning.
(3) Case management.
(4) Public education and information services.
(5) Use of each other's facilities, staff, and other training.
As added by P.L.145-2006, SEC.271.
IC 31-25-2-15
Purchase of services of public or private agency
Sec. 15. (a) Notwithstanding any other law, the department maypurchase and use the services of any public or private agency ifadequate provision is made for continuity of care and accountability.
(b) If the department purchases services under this article, thestate shall reimburse the expenses, to the extent allowed by state andfederal statutes, rules, and regulations, to the locality or agency in thesame manner and to the same extent as if the services were provideddirectly by the department.
As added by P.L.145-2006, SEC.271.
IC 31-25-2-16
Department of child services child care fund
Sec. 16. (a) The department of child services child care fund isestablished for the purpose of providing training and facilitatingcompliance with and enforcement of IC 31-25 through IC 31-28. Thefund shall be administered by the department.
(b) The fund consists of the fees and civil penalties collectedunder IC 31-25 through IC 31-28.
(c) The expenses of administering the fund shall be paid frommoney in the fund.
(d) The treasurer of state shall invest the money in the fund notcurrently needed to meet the obligations of the fund in the samemanner as other public funds may be invested. Interest that accruesfrom these investments shall be deposited in the fund.
(e) Money in the fund at the end of a state fiscal year does not
revert to the state general fund.
As added by P.L.145-2006, SEC.271.
IC 31-25-2-17
Repealed
(Repealed by P.L.146-2008, SEC.806.)
IC 31-25-2-18
Rules
Sec. 18. The department may adopt rules under IC 4-22-2necessary to carry out the department's or bureau's duties under thisarticle.
As added by P.L.145-2006, SEC.271.
IC 31-25-2-19
Adoption fees
Sec. 19. (a) The department may charge the following adoptionfees:
(1) An adoption placement fee that may not exceed the actualcosts incurred by the department for medical expenses ofchildren and mothers.
(2) A fee that does not exceed the time and travel costs incurredby the department for home study and investigation concerninga contemplated adoption.
(b) Fees charged under this section shall be deposited in the childtrust clearance account established under IC 31-25-2-20.2. Moneydeposited under this subsection shall be expended by the departmentfor the following purposes without further appropriation:
(1) The care of children whose adoption is contemplated.
(2) The improvement of adoption services provided by thedepartment.
(c) The director may adopt rules governing the expenditure ofmoney under this section.
(d) The department may reduce or waive charges authorized underthis section in hardship cases or for other good cause afterinvestigation. The department may adopt forms on which the writtenauthorization is provided.
As added by P.L.145-2006, SEC.271. Amended by P.L.146-2008,SEC.566.
IC 31-25-2-20
Kinship care navigator pilot projects; proposal; kinship carenavigator requirements; contingent upon nonstate or privatefunding; annual report; expiration
Sec. 20. (a) The department shall collaborate with at least one (1)nonprofit community based agency to develop a grant proposal forsubmission to potential funding sources, including governmentalentities and private foundations, to establish a minimum of three (3)kinship care navigator pilot projects to assist kinship caregivers withunderstanding and navigating the system of services for children in
out-of-home care.
(b) The proposal under subsection (a) must seek to do thefollowing:
(1) Divide the whole state into the following three (3) regions:
(A) Northern Indiana.
(B) Central Indiana.
(C) Southern Indiana.
(2) Establish at least one (1) kinship care navigator pilot projectin each region described under subdivision (1) with each projectmanaged by a participating community based agency.
(c) A person who acts as a kinship care navigator under thekinship care navigator pilot project shall be required to do thefollowing:
(1) Have an understanding of the various state agency systemsserving kinship caregivers.
(2) Work in partnership with local community serviceproviders.
(3) Track trends, concerns, and other factors related to kinshipcaregivers.
(4) Assist in establishing stable, respectful relationshipsbetween kinship caregivers and department staff.
(d) The implementation of the kinship care navigator pilotprojects is contingent upon receipt of nonstate or private funding forthe pilot projects.
(e) The department shall report annually to the:
(1) legislative council in an electronic format under IC 5-14-6;and
(2) governor;
on the implementation of the kinship care navigator pilot projectswith recommendations on statewide implementation of the pilotprojects beginning one (1) year after implementation of the pilotprojects.
(f) The report under subsection (e) must:
(1) provide data that demonstrates whether the kinship carenavigator pilot projects reduced barriers of access to services bykinship caregivers;
(2) identify statutory and administrative barriers for kinshipcaregivers; and
(3) provide recommendations to reduce or eliminate the barriersto services without adverse consequences to children placedwith kinship caregivers.
(g) This SECTION expires January 1, 2011.
As added by P.L.153-2007, SEC.3. Amended by P.L.3-2008,SEC.239.
IC 31-25-2-20.1
Gift, devise, or bequest of personal property; investment of money;child trust clearance account; commingling prohibited
Sec. 20.1. (a) The department may receive and administer a gift,devise, or bequest of personal property, including the income from
real property, that is:
(1) to or for the benefit of a home or an institution in whichformerly abused or neglected children are cared for under thesupervision of the department; or
(2) for the benefit of children who are committed to the care orsupervision of the department.
(b) The department may invest or reinvest money received underthis section in the same types of securities in which life insurancecompanies are authorized by law to invest the money of the lifeinsurance companies.
(c) The following shall be kept in the child trust clearance accountestablished under section 20.2 of this chapter and may not becommingled with any other fund or account or with money receivedfrom taxation:
(1) All money received by the department under this section.
(2) All money, proceeds, or income realized from real propertyor other investments.
(d) Subject to the approval of the director, money described insubsection (c)(1) or (c)(2) may be expended by the department in anymanner consistent with the purposes of the child trust clearanceaccount and with the intention of the donor.
As added by P.L.146-2008, SEC.567.
IC 31-25-2-20.2
Receipt and administration of money to or for the benefit ofpersons receiving payments or services; child trust clearanceaccount; commingling prohibited
Sec. 20.2. (a) This section does not apply to:
(1) money received before January 1, 2009, to reimburse thecounty family and children's fund for expenditures made fromthe appropriations of the counties; or
(2) money received after December 31, 2008, to reimburse thedepartment for expenditures made by the department for childservices.
(b) The department may receive and administer money availableto or for the benefit of a person receiving payments or services fromthe department. The following apply to all money received under thissection:
(1) The money shall be kept in a special account known as thechild trust clearance account and may not be commingled withany other money.
(2) The money may be expended by the department in anymanner consistent with the following:
(A) The purpose of the child trust clearance account or withthe intention of the donor of the money.
(B) Indiana law.
As added by P.L.146-2008, SEC.568.
IC 31-25-2-20.4
Citizen review panels; membership; appointment; duties; response
to report; prohibited acts
Sec. 20.4. (a) The department shall establish at least three (3)citizen review panels in accordance with the requirements of thefederal Child Abuse Prevention and Treatment Act under 42 U.S.C.5106a.
(b) A citizen review panel consists of volunteer members whobroadly represent the community in which the panel is established,including members who have expertise in the prevention andtreatment of child abuse and neglect.
(c) The department shall appoint the citizen review panels in thefollowing manner:
(1) One (1) panel must be a community child protection teamestablished in a county under IC 31-33-3-1, selected by thedirector of the department with the consent of the team.
(2) One (1) panel must be either:
(A) the statewide child fatality review committee establishedunder IC 31-33-25-6; or
(B) a local child fatality review team established underIC 31-33-24-6;
selected by the director of the department with the consent ofthe committee or team.
(3) One (1) panel must be a foster care advisory panelconsisting of at least five (5) and not more than eleven (11)members, selected to the extent feasible from the membershipof any foster care advisory group previously established orrecognized by the department. If the panel consists of seven (7)or fewer members, the panel must include at least one (1) fosterparent licensed by the department through a county office andone (1) foster parent licensed by the department through a childplacing agency licensed under IC 31-27-6. If the panel consistsof more than seven (7) members, the panel must include two (2)foster parents licensed by the department through a countyoffice and two (2) foster parents licensed by the departmentthrough a child placing agency licensed under IC 31-27-6.Additional members of the panel must include one (1) or moreindividuals who are employed by a child placing agencylicensed under IC 31-27-6 and who provide services to fosterfamilies and children placed by the department in out-of-homeplacements, and may include other representatives of childwelfare service providers or persons who provide training tocurrent or prospective foster parents. All members of this panelmust be individuals who are not employees of the department.
(4) The membership of any additional citizen review panelsestablished under this section shall be determined by thedirector of the department, consistent with the guidelines forpanel membership stated in subsection (b) and the purposes andfunctions of the panels as described in this section.
(5) Each citizen review panel shall be appointed for a term ofthree (3) years beginning July 1, 2007. Upon expiration of theterm of the panel described in subdivision (1), the director of
the department shall select a community child protection teamestablished in a different county for the succeeding term. Uponexpiration of the term of the panel described in subdivision (2),the director of the department shall select a different fatalityreview team, or committee, if available, for the succeedingterm. Panels appointed under subdivision (3) or (4) may bereappointed for successive terms, in the discretion of thedirector of the department. The director may appoint individualsas needed to fill vacancies that occur during the term of anypanel appointed under subdivision (3) or (4).
(d) A citizen review panel shall evaluate the extent to which achild welfare agency is effectively discharging the agency's childprotection responsibilities by examining:
(1) the policies and procedures of child welfare agencies;
(2) if appropriate, specific child protective services cases; and
(3) other criteria the citizen review panel considers important toensure the protection of children.
(e) Each citizen review panel shall:
(1) meet at least one (1) time every three (3) months; and
(2) prepare and make available to the department and the publican annual report that contains a summary of the activities of thecitizen review panel.
(f) The department shall, not more than six (6) months after thedate the department receives a report from a citizen review panelunder subsection (e), submit to the citizen review panel a writtenresponse indicating whether and how the department will incorporatethe recommendations of the citizen review panel. The departmentshall at the same time provide appropriate child welfare agencieswith copies of the department's written response.
(g) A child welfare agency shall make all reports and othermaterials in the child welfare agency's possession available to acitizen review panel established under this section, including anyreports and materials that the child welfare agency has received fromother agencies.
(h) A member of a citizen review panel may not disclose to aperson or government official any identifying information that isprovided to the citizen review panel about:
(1) a specific child protective services case or child welfareagency case;
(2) a child or member of the child's family who is the subject ofa child protective services assessment; or
(3) any other individuals identified in confidential reports,documents, or other materials.
(i) If a member of a citizen review panel violates subsection (h),the department may remove the member from the citizen reviewpanel.
(j) A child welfare agency shall cooperate and work with eachcitizen review panel established under this section.
As added by P.L.138-2007, SEC.46. Amended by P.L.131-2009,SEC.32.
IC 31-25-2-21
Transitional services plan
Sec. 21. (a) As used in this section, "transitional services plan"means a plan that provides information concerning the following toan individual described in subsection (b):
(1) Education.
(2) Employment.
(3) Housing.
(4) Health care.
(5) Development of problem solving skills.
(6) Available local, state, and federal financial assistance.
(b) The department shall implement a program that provides atransitional services plan to the following:
(1) An individual who has become or will become:
(A) eighteen (18) years of age; or
(B) emancipated;
while receiving foster care.
(2) An individual who:
(A) is at least eighteen (18) but less than twenty-one (21)years of age; and
(B) is receiving foster care for older youth underIC 31-28-5.7.
(c) The department shall adopt rules under IC 4-22-2, includingemergency rules under IC 4-22-2-37.1, necessary to implement theprogram described in this section.
As added by P.L.143-2008, SEC.6. Amended by P.L.131-2009,SEC.33.