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 chapter
to a destitute child who is living in a suitable foster family home or
institution conforming to the standards of care and health under
Indiana 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 assistance
to be granted to a destitute child. In determining the amount under
rules adopted by the department, the county office shall consider the
following:
(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 other
income and support available to provide the child with a
reasonable subsistence.
However, a Holocaust victim's settlement payment received by the
child may not be considered a resource of the child by the county
office when determining the amount of assistance for the destitute
child. 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 destitute
child under section 2 of this chapter, other than for medical expenses,
may not exceed the designated amount per day established by the
rules 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 eligible
for assistance as a destitute child under this chapter, the department
under the department's rules may provide for the child's immediate
needs.
(b) If the child's needs exceed the designated amount per day
established by the department's rules, the department may provide
assistance to the child if the deduction is made within six (6) months
from the date of any payment from future allowances so that the
average allowances will not exceed the designated amount per day
established 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 cared
for in a licensed child caring institution, other than for medical
expenses, may not exceed the designated amount per day established
by 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 may
not exceed the maximum amounts established by the federal Social
Security Act (42 U.S.C. 602) or supplementary or related acts as the
basis 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 of
medical care, payment for necessary care may be included in the
award to the recipient, even if the following exist:
(1) Payment for the care may increase the amount of the award
in excess of the maximum amounts otherwise allowed by this
chapter.
(2) Payment for the care, regardless of maximum monthly
limitations in this chapter, is to be made directly to the person,
corporation, association, institution, or agency furnishing the
care.
(b) Direct payments under subsection (a) may be made during the
lifetime of the child either:
(1) before or after the child reaches the maximum age for
destitute children; or
(2) after the death of the child, for care furnished before the
child reaches the maximum age for destitute children.
(c) The county office shall establish and submit for review and
approval by the department a plan for furnishing necessary medical
care, 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 under
this chapter must be made to the county office in which the destitute
child resides. The application must be in writing. The department
shall prescribe the manner and the form on which the application
must be made. As added by P.L.145-2006, SEC.272.
IC 31-26-2-8 Postsecondary education award; effect upon eligibility for
assistance
Sec. 8. Except as provided by federal law, if an individual
receives a state or federal higher education award that is paid directly
to an approved postsecondary educational institution (as defined in
IC 21-7-13-6(a)) for the individual's benefit:
(1) the individual is not required to report the award as income
or as a resource of that individual when applying for assistance
for a destitute child under this chapter; and
(2) the award must not be considered income or a resource of
the individual in determining eligibility for assistance to a
destitute 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's
application or need for assistance, the county office shall promptly
conduct an investigation and make a record regarding the child's
circumstances to determine the following:
(1) The need of the child.
(2) The facts supporting the application made under this
chapter.
(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 section
9 of this chapter, the department shall do the following:
(1) Determine whether the child is eligible for assistance under
this chapter and the department's rules.
(2) Determine the amount of the assistance and the date on
which the assistance is to begin.
(3) Make an award, including any subsequent modification of
the award, with which the department shall comply until the
award or modified award is vacated.
(4) Notify the applicant and the department of the county
office's decision in writing.
(b) The department shall provide assistance to the recipient at
least 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 child
if the department determines the account is necessary or beneficial
to the child's welfare.
(b) The county office shall pay to a designated person from the
account 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) that
exceeds the child's immediate needs:
(1) may be credited to the child's account for a period of not
more 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 the
destitute 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 this
chapter, facts supporting the award of assistance, as prescribed by the
department, must be entered on a certificate.
(b) The department shall prescribe the form for the certificate
under subsection (a). The certificate must bear the impress of the
department's seal.
(c) The department shall prepare four (4) copies of the certificate
under subsection (a). The department shall distribute copies of the
certificate 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 the
department.
(3) One (1) copy must be filed with and retained by the office
of 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 under
this chapter, the department shall reconsider whether the assistance
is 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 department
may change or withdraw the amount of assistance if the county office
or department finds that the child's circumstances have altered
sufficiently to warrant the action.
(c) The county office or department may revoke or suspend the
assistance if the child becomes ineligible for assistance under this
chapter. If assistance is revoked or suspended, the county office shall
immediately do the following:
(1) Report the decision to the department.
(2) Submit to the department the county office's record of
investigation 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 an
investigation that a child on whose behalf an application for
assistance has been made is:
(1) a destitute child; and
(2) living or is expected to live in a foster family home or an
institution meeting the requirements of this chapter;
assistance may be allowed for the support of the child without
complying 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 Indiana
law that the child requires, unless the child's needs are provided for
by this chapter. As added by P.L.145-2006, SEC.272.
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 chapter
to a destitute child who is living in a suitable foster family home or
institution conforming to the standards of care and health under
Indiana 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 assistance
to be granted to a destitute child. In determining the amount under
rules adopted by the department, the county office shall consider the
following:
(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 other
income and support available to provide the child with a
reasonable subsistence.
However, a Holocaust victim's settlement payment received by the
child may not be considered a resource of the child by the county
office when determining the amount of assistance for the destitute
child. 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 destitute
child under section 2 of this chapter, other than for medical expenses,
may not exceed the designated amount per day established by the
rules 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 eligible
for assistance as a destitute child under this chapter, the department
under the department's rules may provide for the child's immediate
needs.
(b) If the child's needs exceed the designated amount per day
established by the department's rules, the department may provide
assistance to the child if the deduction is made within six (6) months
from the date of any payment from future allowances so that the
average allowances will not exceed the designated amount per day
established 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 cared
for in a licensed child caring institution, other than for medical
expenses, may not exceed the designated amount per day established
by 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 may
not exceed the maximum amounts established by the federal Social
Security Act (42 U.S.C. 602) or supplementary or related acts as the
basis 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 of
medical care, payment for necessary care may be included in the
award to the recipient, even if the following exist:
(1) Payment for the care may increase the amount of the award
in excess of the maximum amounts otherwise allowed by this
chapter.
(2) Payment for the care, regardless of maximum monthly
limitations in this chapter, is to be made directly to the person,
corporation, association, institution, or agency furnishing the
care.
(b) Direct payments under subsection (a) may be made during the
lifetime of the child either:
(1) before or after the child reaches the maximum age for
destitute children; or
(2) after the death of the child, for care furnished before the
child reaches the maximum age for destitute children.
(c) The county office shall establish and submit for review and
approval by the department a plan for furnishing necessary medical
care, 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 under
this chapter must be made to the county office in which the destitute
child resides. The application must be in writing. The department
shall prescribe the manner and the form on which the application
must be made. As added by P.L.145-2006, SEC.272.
IC 31-26-2-8 Postsecondary education award; effect upon eligibility for
assistance
Sec. 8. Except as provided by federal law, if an individual
receives a state or federal higher education award that is paid directly
to an approved postsecondary educational institution (as defined in
IC 21-7-13-6(a)) for the individual's benefit:
(1) the individual is not required to report the award as income
or as a resource of that individual when applying for assistance
for a destitute child under this chapter; and
(2) the award must not be considered income or a resource of
the individual in determining eligibility for assistance to a
destitute 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's
application or need for assistance, the county office shall promptly
conduct an investigation and make a record regarding the child's
circumstances to determine the following:
(1) The need of the child.
(2) The facts supporting the application made under this
chapter.
(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 section
9 of this chapter, the department shall do the following:
(1) Determine whether the child is eligible for assistance under
this chapter and the department's rules.
(2) Determine the amount of the assistance and the date on
which the assistance is to begin.
(3) Make an award, including any subsequent modification of
the award, with which the department shall comply until the
award or modified award is vacated.
(4) Notify the applicant and the department of the county
office's decision in writing.
(b) The department shall provide assistance to the recipient at
least 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 child
if the department determines the account is necessary or beneficial
to the child's welfare.
(b) The county office shall pay to a designated person from the
account 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) that
exceeds the child's immediate needs:
(1) may be credited to the child's account for a period of not
more 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 the
destitute 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 this
chapter, facts supporting the award of assistance, as prescribed by the
department, must be entered on a certificate.
(b) The department shall prescribe the form for the certificate
under subsection (a). The certificate must bear the impress of the
department's seal.
(c) The department shall prepare four (4) copies of the certificate
under subsection (a). The department shall distribute copies of the
certificate 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 the
department.
(3) One (1) copy must be filed with and retained by the office
of 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 under
this chapter, the department shall reconsider whether the assistance
is 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 department
may change or withdraw the amount of assistance if the county office
or department finds that the child's circumstances have altered
sufficiently to warrant the action.
(c) The county office or department may revoke or suspend the
assistance if the child becomes ineligible for assistance under this
chapter. If assistance is revoked or suspended, the county office shall
immediately do the following:
(1) Report the decision to the department.
(2) Submit to the department the county office's record of
investigation 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 an
investigation that a child on whose behalf an application for
assistance has been made is:
(1) a destitute child; and
(2) living or is expected to live in a foster family home or an
institution meeting the requirements of this chapter;
assistance may be allowed for the support of the child without
complying 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 Indiana
law that the child requires, unless the child's needs are provided for
by this chapter. As added by P.L.145-2006, SEC.272.
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 chapter
to a destitute child who is living in a suitable foster family home or
institution conforming to the standards of care and health under
Indiana 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 assistance
to be granted to a destitute child. In determining the amount under
rules adopted by the department, the county office shall consider the
following:
(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 other
income and support available to provide the child with a
reasonable subsistence.
However, a Holocaust victim's settlement payment received by the
child may not be considered a resource of the child by the county
office when determining the amount of assistance for the destitute
child. 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 destitute
child under section 2 of this chapter, other than for medical expenses,
may not exceed the designated amount per day established by the
rules 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 eligible
for assistance as a destitute child under this chapter, the department
under the department's rules may provide for the child's immediate
needs.
(b) If the child's needs exceed the designated amount per day
established by the department's rules, the department may provide
assistance to the child if the deduction is made within six (6) months
from the date of any payment from future allowances so that the
average allowances will not exceed the designated amount per day
established 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 cared
for in a licensed child caring institution, other than for medical
expenses, may not exceed the designated amount per day established
by 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 may
not exceed the maximum amounts established by the federal Social
Security Act (42 U.S.C. 602) or supplementary or related acts as the
basis 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 of
medical care, payment for necessary care may be included in the
award to the recipient, even if the following exist:
(1) Payment for the care may increase the amount of the award
in excess of the maximum amounts otherwise allowed by this
chapter.
(2) Payment for the care, regardless of maximum monthly
limitations in this chapter, is to be made directly to the person,
corporation, association, institution, or agency furnishing the
care.
(b) Direct payments under subsection (a) may be made during the
lifetime of the child either:
(1) before or after the child reaches the maximum age for
destitute children; or
(2) after the death of the child, for care furnished before the
child reaches the maximum age for destitute children.
(c) The county office shall establish and submit for review and
approval by the department a plan for furnishing necessary medical
care, 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 under
this chapter must be made to the county office in which the destitute
child resides. The application must be in writing. The department
shall prescribe the manner and the form on which the application
must be made. As added by P.L.145-2006, SEC.272.
IC 31-26-2-8 Postsecondary education award; effect upon eligibility for
assistance
Sec. 8. Except as provided by federal law, if an individual
receives a state or federal higher education award that is paid directly
to an approved postsecondary educational institution (as defined in
IC 21-7-13-6(a)) for the individual's benefit:
(1) the individual is not required to report the award as income
or as a resource of that individual when applying for assistance
for a destitute child under this chapter; and
(2) the award must not be considered income or a resource of
the individual in determining eligibility for assistance to a
destitute 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's
application or need for assistance, the county office shall promptly
conduct an investigation and make a record regarding the child's
circumstances to determine the following:
(1) The need of the child.
(2) The facts supporting the application made under this
chapter.
(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 section
9 of this chapter, the department shall do the following:
(1) Determine whether the child is eligible for assistance under
this chapter and the department's rules.
(2) Determine the amount of the assistance and the date on
which the assistance is to begin.
(3) Make an award, including any subsequent modification of
the award, with which the department shall comply until the
award or modified award is vacated.
(4) Notify the applicant and the department of the county
office's decision in writing.
(b) The department shall provide assistance to the recipient at
least 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 child
if the department determines the account is necessary or beneficial
to the child's welfare.
(b) The county office shall pay to a designated person from the
account 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) that
exceeds the child's immediate needs:
(1) may be credited to the child's account for a period of not
more 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 the
destitute 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 this
chapter, facts supporting the award of assistance, as prescribed by the
department, must be entered on a certificate.
(b) The department shall prescribe the form for the certificate
under subsection (a). The certificate must bear the impress of the
department's seal.
(c) The department shall prepare four (4) copies of the certificate
under subsection (a). The department shall distribute copies of the
certificate 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 the
department.
(3) One (1) copy must be filed with and retained by the office
of 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 under
this chapter, the department shall reconsider whether the assistance
is 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 department
may change or withdraw the amount of assistance if the county office
or department finds that the child's circumstances have altered
sufficiently to warrant the action.
(c) The county office or department may revoke or suspend the
assistance if the child becomes ineligible for assistance under this
chapter. If assistance is revoked or suspended, the county office shall
immediately do the following:
(1) Report the decision to the department.
(2) Submit to the department the county office's record of
investigation 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 an
investigation that a child on whose behalf an application for
assistance has been made is:
(1) a destitute child; and
(2) living or is expected to live in a foster family home or an
institution meeting the requirements of this chapter;
assistance may be allowed for the support of the child without
complying 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 Indiana
law that the child requires, unless the child's needs are provided for
by this chapter. As added by P.L.145-2006, SEC.272.
