CHAPTER 2. ASSISTANCE OF DESTITUTE CHILDREN
IC 31-26-2
Chapter 2. Assistance of Destitute Children
IC 31-26-2-1
Eligibility for assistance
Sec. 1. The department shall provide assistance under this chapterto a destitute child who is living in a suitable foster family home orinstitution conforming to the standards of care and health underIndiana law and the department's rules.
As added by P.L.145-2006, SEC.272.
IC 31-26-2-2
Amount of assistance
Sec. 2. The department shall determine the amount of assistanceto be granted to a destitute child. In determining the amount underrules adopted by the department, the county office shall consider thefollowing:
(1) The resources and necessary expenditures of the child.
(2) The conditions existing in each case.
(3) Whether the amount is sufficient when added to all otherincome and support available to provide the child with areasonable subsistence.
However, a Holocaust victim's settlement payment received by thechild may not be considered a resource of the child by the countyoffice when determining the amount of assistance for the destitutechild.
As added by P.L.145-2006, SEC.272.
IC 31-26-2-3
Total amount; limits; exceptions
Sec. 3. The total amount that the department pays to a destitutechild under section 2 of this chapter, other than for medical expenses,may not exceed the designated amount per day established by therules of the department, except:
(1) as otherwise provided in this chapter; or
(2) for additional amounts established by the department's rules.
As added by P.L.145-2006, SEC.272.
IC 31-26-2-4
Immediate needs provision; excessive needs provision; adjustment
Sec. 4. (a) Whenever a child is initially determined to be eligiblefor assistance as a destitute child under this chapter, the departmentunder the department's rules may provide for the child's immediateneeds.
(b) If the child's needs exceed the designated amount per dayestablished by the department's rules, the department may provideassistance to the child if the deduction is made within six (6) monthsfrom the date of any payment from future allowances so that theaverage allowances will not exceed the designated amount per dayestablished by the department's rules.As added by P.L.145-2006, SEC.272.
IC 31-26-2-5
Total amount paid for child in licensed child caring institution;exceptions
Sec. 5. (a) The total amount paid to a destitute child being caredfor in a licensed child caring institution, other than for medicalexpenses, may not exceed the designated amount per day establishedby the department's rules, except:
(1) as otherwise provided in this chapter; or
(2) as established by the department's rules.
(b) Additional amounts established by the department's rules maynot exceed the maximum amounts established by the federal SocialSecurity Act (42 U.S.C. 602) or supplementary or related acts as thebasis for reimbursement from federal money.
As added by P.L.145-2006, SEC.272.
IC 31-26-2-6
Medical care recipients; effect upon total amount of assistance paid
Sec. 6. (a) If a destitute child is determined to be in need ofmedical care, payment for necessary care may be included in theaward to the recipient, even if the following exist:
(1) Payment for the care may increase the amount of the awardin excess of the maximum amounts otherwise allowed by thischapter.
(2) Payment for the care, regardless of maximum monthlylimitations in this chapter, is to be made directly to the person,corporation, association, institution, or agency furnishing thecare.
(b) Direct payments under subsection (a) may be made during thelifetime of the child either:
(1) before or after the child reaches the maximum age fordestitute children; or
(2) after the death of the child, for care furnished before thechild reaches the maximum age for destitute children.
(c) The county office shall establish and submit for review andapproval by the department a plan for furnishing necessary medicalcare, adjusted to the medical facilities and the needs in the county.
As added by P.L.145-2006, SEC.272.
IC 31-26-2-7
Application for assistance
Sec. 7. An application for assistance for a destitute child underthis chapter must be made to the county office in which the destitutechild resides. The application must be in writing. The departmentshall prescribe the manner and the form on which the applicationmust be made.
As added by P.L.145-2006, SEC.272.
IC 31-26-2-8 Postsecondary education award; effect upon eligibility forassistance
Sec. 8. Except as provided by federal law, if an individualreceives a state or federal higher education award that is paid directlyto an approved postsecondary educational institution (as defined inIC 21-7-13-6(a)) for the individual's benefit:
(1) the individual is not required to report the award as incomeor as a resource of that individual when applying for assistancefor a destitute child under this chapter; and
(2) the award must not be considered income or a resource ofthe individual in determining eligibility for assistance to adestitute child under this chapter.
As added by P.L.145-2006, SEC.272. Amended by P.L.2-2007,SEC.364.
IC 31-26-2-9
Investigation; record
Sec. 9. Whenever the county office receives notice of a child'sapplication or need for assistance, the county office shall promptlyconduct an investigation and make a record regarding the child'scircumstances to determine the following:
(1) The need of the child.
(2) The facts supporting the application made under thischapter.
(3) Any other information that the department's rules require.
As added by P.L.145-2006, SEC.272.
IC 31-26-2-10
Eligibility; amount; payment; schedule
Sec. 10. (a) Upon the completion of an investigation under section9 of this chapter, the department shall do the following:
(1) Determine whether the child is eligible for assistance underthis chapter and the department's rules.
(2) Determine the amount of the assistance and the date onwhich the assistance is to begin.
(3) Make an award, including any subsequent modification ofthe award, with which the department shall comply until theaward or modified award is vacated.
(4) Notify the applicant and the department of the countyoffice's decision in writing.
(b) The department shall provide assistance to the recipient atleast monthly upon warrant of the auditor of state.
As added by P.L.145-2006, SEC.272. Amended by P.L.146-2008,SEC.569.
IC 31-26-2-11
Necessities account
Sec. 11. (a) The county office may establish an account for a childif the department determines the account is necessary or beneficialto the child's welfare. (b) The county office shall pay to a designated person from theaccount under subsection (a) an amount needed for the child's food,clothing, shelter, and other necessities.
(c) The balance of the remaining amount under subsection (b) thatexceeds the child's immediate needs:
(1) may be credited to the child's account for a period of notmore than six (6) months; and
(2) must be used for the child's benefit as the need arises;
if necessary records are maintained and payment is made for thedestitute child under the department's rules.
As added by P.L.145-2006, SEC.272.
IC 31-26-2-12
Certificate in support of award
Sec. 12. (a) If assistance is granted to a destitute child under thischapter, facts supporting the award of assistance, as prescribed by thedepartment, must be entered on a certificate.
(b) The department shall prescribe the form for the certificateunder subsection (a). The certificate must bear the impress of thedepartment's seal.
(c) The department shall prepare four (4) copies of the certificateunder subsection (a). The department shall distribute copies of thecertificate as follows:
(1) One (1) copy must be filed with and retained by the office.
(2) One (1) copy must be filed with and retained by thedepartment.
(3) One (1) copy must be filed with and retained by the officeof the county auditor.
(4) One (1) copy must be given to the recipient.
As added by P.L.145-2006, SEC.272.
IC 31-26-2-13
Reconsideration of amount
Sec. 13. (a) Whenever a destitute child receives assistance underthis chapter, the department shall reconsider whether the assistanceis to continue as frequently as:
(1) the department's rules require; or
(2) the department considers necessary.
(b) After an investigation, the county office or the departmentmay change or withdraw the amount of assistance if the county officeor department finds that the child's circumstances have alteredsufficiently to warrant the action.
(c) The county office or department may revoke or suspend theassistance if the child becomes ineligible for assistance under thischapter. If assistance is revoked or suspended, the county office shallimmediately do the following:
(1) Report the decision to the department.
(2) Submit to the department the county office's record ofinvestigation regarding the county office's decision.
(d) The department shall review each county office's decision to
revoke or suspend assistance under this section.
As added by P.L.145-2006, SEC.272.
IC 31-26-2-14
Support; application of law
Sec. 14. If the department or county office determines after aninvestigation that a child on whose behalf an application forassistance has been made is:
(1) a destitute child; and
(2) living or is expected to live in a foster family home or aninstitution meeting the requirements of this chapter;
assistance may be allowed for the support of the child withoutcomplying with any Indiana law other than this chapter.
As added by P.L.145-2006, SEC.272.
IC 31-26-2-15
Eligibility for other relief
Sec. 15. A destitute child is eligible for other relief under Indianalaw that the child requires, unless the child's needs are provided forby this chapter.
As added by P.L.145-2006, SEC.272.