Sec. 2. (a) A person may not operate a therapeutic foster family home without a certificate issued under this article.
(b) The state or a political subdivision of the state may not operate a therapeutic foster family home without a certificate issued under this article.
(c) The department may issue a certificate only for a therapeutic foster family home that meets:
(1) all the certification requirements of a foster family home; and
(2) the additional requirements described in this section.
(d) To receive a certificate for the operation of a therapeutic foster family home, a person must do the following:
(1) Be licensed as a foster parent under this chapter and 465 IAC 2-1-1 et seq.
(2) Participate in preservice training that includes:
(A) preservice training to be licensed as a foster parent under 465 IAC 2-1-1 et seq.; and
(B) additional preservice training in therapeutic foster care.
(e) A person who is issued a certificate to operate a therapeutic foster family home shall, within one (1) year after meeting the training requirements of subsection (d)(2) and, annually thereafter, participate in training that includes:
(1) training as required in order to be licensed as a foster parent under 465 IAC 2-1-1 et seq.; and
(2) additional training in therapeutic foster care.
(f) An operator of a therapeutic foster family home may not provide supervision and care in a therapeutic foster family home to more than four (4) children at the same time, including the children for whom the applicant or operator is a relative, guardian, or custodian, and only two (2) of the children may be foster children. The department may grant an exception to this subsection whenever the placement of siblings in the same therapeutic foster family home is desirable, the foster child has an established, meaningful relationship with the therapeutic foster parent, or it is otherwise in the foster child's best interests.
(g) An operator of a therapeutic foster family home that has a therapeutic foster child placed with the therapeutic foster family home may not accept a placement of a child who is not a therapeutic foster child unless the child who is not a therapeutic foster child is a sibling of the therapeutic foster child who is placed with the therapeutic foster family home or it is in the best interests of the child being placed.
(h) A therapeutic foster family home may provide care for an individual receiving collaborative care under IC 31-28-5.8.
(i) The department shall adopt rules under IC 4-22-2, including emergency rules under IC 4-22-2-37.1, necessary to carry out this section, including rules governing the number of hours of training required under subsections (d) and (e).
(j) If a therapeutic foster family home does not meet the requirements under subsection (f) or (g) on July 1, 2011, any foster child placed in the home prior to July 1, 2011, may remain placed. However, a new placement of a child may not be made in violation of this section.
As added by P.L.145-2006, SEC.273. Amended by P.L.143-2008, SEC.7; P.L.131-2009, SEC.36; P.L.162-2011, SEC.26; P.L.48-2012, SEC.28; P.L.13-2013, SEC.77; P.L.123-2014, SEC.13.
Structure Indiana Code
Title 31. Family Law and Juvenile Law
Article 27. Child Services: Regulation of Residential Child Care
Chapter 4. Regulation of Foster Homes
31-27-4-1. License Required to Operate Foster Family Home; Exception
31-27-4-2. Therapeutic Foster Home; Certificates; Requirements; Supervision and Care Limits
31-27-4-4. Consultation With Fire Prevention and Building Safety Commission
31-27-4-5. Apply for Licenses; Criminal History Checks
31-27-4-6. Grounds for Denial of License Applications; Waiver
31-27-4-6.5. "Disability"; Foster Family Home
31-27-4-7. Incomplete Applications
31-27-4-8. Supervision and Care Limits; Exceptions
31-27-4-10. Investigation of Applicants
31-27-4-11. Issuance of License
31-27-4-12. Eligibility for Waivers and Variances
31-27-4-13. Denial of License; Notice; Administrative Hearing Upon Written Request
31-27-4-14. Delegation of Investigations
31-27-4-15. Investigation of Unlicensed Premises
31-27-4-16. Duration of License; Limitations; Renewal
31-27-4-17. Probationary Status; Duration; Expiration; Extension
31-27-4-18. Inspection of Foster Family Homes
31-27-4-19. Records of Monitoring Activities and Inspections
31-27-4-20. Cooperation by Licensees
31-27-4-20.5. Use of Reasonable and Prudent Parent Standard
31-27-4-21. Records Regarding Children
31-27-4-22. Notice of Enforcement Actions; Informal Meetings
31-27-4-23. Administrative Hearings
31-27-4-24. Procedure for Administrative Hearings
31-27-4-29. Cessation of Operation Following Revocation of License
31-27-4-32. Grounds for Revocation of License; Waiver
31-27-4-33. Compliance With Rules; Disciplinary Sanctions; Revocation of License
31-27-4-34. Investigation of Unlicensed Home Reports; Enforcement