Ind. Code ch. 31-28-5.8

Ind. Code ch. 31-28-5.8
in effect

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 31-28-5.8-3 "Host home"

Sec. 3. As used in this chapter, "host home" means: (1) the home of a person who is a relative of 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 relatives of the older youth. As added by P.L.48-2012, SEC.34. Amended by P.L.123-2014, SEC.19.

Ind. Code § 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-one (21) years of age. As added by P.L.48-2012, SEC.34. Amended by P.L.13-2013, SEC.78; P.L.198-2019, SEC.4.

Ind. Code § 31-28-5.8-5 Eligibility; petitions

Sec. 5. (a) An older youth who received foster care under a court order on the day the individual attains eighteen (18) years of age is eligible to receive collaborative care services under applicable rules of the department at any time until the individual becomes twenty-one (21) 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. (e) If the governor declares a state of disaster emergency under IC 10-14-3-12, the director of the department, or the director's designee, may allow older youth who are receiving collaborative care services at the time of the declaration to continue to receive collaborative care services for the duration of the state of disaster emergency. As added by P.L.48-2012, SEC.34. Amended by P.L.104-2015, SEC.28; P.L.198-2019, SEC.5; P.L.214-2021, SEC.2; P.L.9-2022, SEC.65.

Ind. Code § 31-28-5.8-5.5 Conduct criminal history check

Sec. 5.5. The department may conduct a criminal history check of each person who is currently residing with an older youth in a: (1) host home described in section 1(2) of this chapter; or (2) supervised independent living arrangement described in section 1(5) of this chapter. As added by P.L.104-2015, SEC.29.

Ind. Code § 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.

Ind. Code § 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 successful adulthood 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. Amended by P.L.104-2015, SEC.30.

Ind. Code § 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.

Ind. Code § 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.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/31Fetched: 10/17/2026