2012 Indiana Code
TITLE 31. FAMILY LAW AND JUVENILE LAW
ARTICLE 28. CHILD SERVICES: FOSTER CARE AND PLACEMENT OF CHILDREN
CHAPTER 5.8. COLLABORATIVE CARE

IC 31-28-5.8
Chapter 5.8. Collaborative Care

IC 31-28-5.8-1
"Collaborative care"
Sec. 1. As used in this chapter, "collaborative care" means any services or payments for services that the department provides for older youth under the terms of a collaborative care agreement, while the older youth is residing in:
(1) a foster family home licensed under IC 31-27-4 or a comparable law in the state where the home is located;
(2) a host home under an agreement with the older youth approved by the department;
(3) a child caring institution licensed under IC 31-27-3;
(4) a group home licensed under IC 31-27-5; or
(5) a supervised independent living arrangement approved by the department.
As added by P.L.48-2012, SEC.34.

IC 31-28-5.8-2
"Collaborative care agreement"
Sec. 2. As used in this chapter, "collaborative care agreement" means a voluntary agreement that:
(1) is signed by the department, a guardian ad litem or court appointed special advocate participating with the consent of the youth, and the older youth;
(2) is approved by a juvenile court under this chapter;
(3) includes provisions required or authorized under the department's rules concerning collaborative care services; and
(4) may be amended by agreement between the department, a guardian ad litem or court appointed special advocate participating with the consent of the youth, and the older youth without review or approval by the court.
As added by P.L.48-2012, SEC.34.

IC 31-28-5.8-3
"Host home"
Sec. 3. As used in this chapter, "host home" means:
(1) the home of a person related to an older youth that is not licensed under IC 31-27-4 or a comparable law in another state where the home is located; or
(2) the home of one (1) or more adults who are not related to the older youth.
As added by P.L.48-2012, SEC.34.

IC 31-28-5.8-4
"Older youth"
Sec. 4. As used in this chapter, "older youth" means an individual who is at least eighteen (18) years of age but less than twenty (20) years age. As added by P.L.48-2012, SEC.34.

IC 31-28-5.8-5
Eligibility; petitions
Sec. 5. (a) An older youth who received foster care under a court order during the month before the individual became eighteen (18) years of age is eligible to receive collaborative care services at any time until the individual becomes twenty (20) years of age.
(b) An older youth may request the department to petition a juvenile court for approval of a collaborative care agreement under this chapter.
(c) A court may grant a petition described in subsection (b) if the court finds, consistent with applicable rules of the department, that the older youth is:
(1) employed;
(2) attending school or a vocational or educational certification or degree program;
(3) participating in a program or activity designed to promote or remove barriers to employment; or
(4) incapable of performing any of the activities in subdivisions (1) through (3) due to a medical condition documented by regularly updated information in the older youth's current case plan.
(d) A child who:
(1) is at least seventeen (17) years and six (6) months of age;
(2) is receiving foster care under a court order; and
(3) expects to be eligible for collaborative care under this chapter when the child becomes an older youth;
may request the department to start the process of planning for collaborative care under this chapter.
As added by P.L.48-2012, SEC.34.

IC 31-28-5.8-6
Updating case plans; transitional services plan; visitation with family case manager
Sec. 6. (a) The department shall, jointly with a guardian ad litem or court appointed special advocate participating with the consent of the youth and with the older youth, develop, implement, and update periodically a case plan that is consistent with requirements set forth in:
(1) 45 CFR 1356.21(g);
(2) IC 31-34-15-4; and
(3) the collaborative care agreement.
(b) The case plan must include a transitional services plan, as described in IC 31-25-2-21 and the applicable rules of the department.
(c) The case plan shall provide for visitation between the older youth and a department family case manager at least once every thirty (30) days.
As added by P.L.48-2012, SEC.34.
IC 31-28-5.8-7
Periodic reviews by court; notice; participation; orders
Sec. 7. (a) A court that approves a collaborative care agreement under this chapter shall conduct periodic reviews during the term of the agreement. The court shall review the agreement and the progress made in complying with the provisions of the agreement and case plan developed under section 6 of this chapter.
(b) The court shall conduct each periodic review in a formal court hearing.
(c) The department shall provide a notice of a hearing, as provided in IC 31-32-1-4, at least seven (7) days before the date of the hearing to the following:
(1) The older youth.
(2) The foster parent or any other caretaker with whom the older youth is living, if applicable.
(3) Any caseworker responsible for visitation with the older youth.
(4) Any person or agency identified in the collaborative care agreement as a provider of services to the older youth.
(5) Any person or entity providing independent living services to the older youth developed under IC 31-25-2-7(a)(9) or 465 IAC 2-14.
(6) A guardian ad litem or court appointed special advocate participating with the consent of the older youth.
(d) A person to whom the department gives notice under subsection (c) is entitled to participate in a periodic review hearing as set forth in IC 31-34-21-4(d).
(e) The department shall prepare and submit to the court a written progress report for the periodic review hearing. The department shall provide a copy of the report with the notice of the hearing provided under subsection (c).
(f) The court must hold a periodic review hearing:
(1) not later than six (6) months after the date the court grants a petition under section 5 of this chapter; and
(2) at least once every six (6) months until the collaborative care agreement is terminated.
(g) After each periodic review hearing, the court shall enter an order that includes findings and conclusions concerning the progress made in implementing the collaborative care agreement and case plan of the older youth. If a permanency plan has been approved or modified for the youth, the court shall also review the permanency plan.
As added by P.L.48-2012, SEC.34.

IC 31-28-5.8-8
Closing collaborative care cases
Sec. 8. (a) A court shall close a collaborative care case at the:
(1) expiration of the term of the collaborative care agreement; or
(2) termination of the collaborative care agreement as set forth

in the agreement or by department rules.
(b) If the department terminates a collaborative care agreement before the expiration date without the concurrence of the older youth, the court may, upon the request of the older youth or a guardian ad litem or court appointed special advocate participating with the consent of the older youth under section 2 of this chapter:
(1) hold a hearing regarding the cause of the termination of the collaborative care agreement; and
(2) enter an order containing findings and conclusions regarding whether the department properly terminated the agreement for good cause.
As added by P.L.48-2012, SEC.34.

IC 31-28-5.8-9
Adoption of rules
Sec. 9. The department shall adopt rules under IC 4-22-2 to implement this chapter.
As added by P.L.48-2012, SEC.34.

IC 31-28-5.8-10
Recipients of older youth foster care
Sec. 10. (a) This section applies to an individual receiving older youth foster care under IC 31-28-5.7 before the effective date of this chapter.
(b) The individual and the department may, by September 1, 2012, sign and submit to a court having jurisdiction over the older youth foster care case a new collaborative care agreement if the individual is eligible for collaborative care under this chapter.
(c) If the individual and the department do not sign a new collaborative care agreement under this chapter, the following continue to apply to the individual described in subsection (a):
(1) IC 31-28-5.7 and rules of the department adopted under IC 31-28-5.7-2; and
(2) any placement agreement or transitional services plan between the individual and department;
in effect before the effective date of this chapter.
(d) The department may adopt rules under IC 4-22-2, including emergency rules under IC 4-22-2-37.1, necessary to implement this section.
(e) This section expires June 30, 2015.
As added by P.L.48-2012, SEC.34.