reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 12. Initial Hearing and Issuance of Summons › 31-37-12-10. Consent by Emancipated Child

Sec. 10. If a child is emancipated:
(1) under IC 31-37-19-27;
(2) by virtue of having married; or
(3) in accordance with the laws of another state or jurisdiction;
it is only necessary for the child to consent to the factfinding hearing or the dispositional hearing described in section 9 of this chapter.
[Pre-1997 Recodification Citation: 31-6-4-13(j).]
As added by P.L.1-1997, SEC.20.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 13. Factfinding Hearing › 31-37-13-1. Hearsay Requirements; Notice; Opportunity to Be Heard

Sec. 1. (a) Unless the allegations of a petition have been admitted, the juvenile court shall hold a factfinding hearing.
(b) If the factfinding hearing is not held immediately after the initial hearing as provided under IC 31-37-12-9, the prosecuting attorney or probation department of the juvenile court shall provide notice of any factfinding hearing to each foster parent or other caretaker with whom the child has been placed for temporary care. The court shall provide a person required to be notified under this subsection an opportunity to be heard at the factfinding hearing.
[Pre-1997 Recodification Citation: 31-6-4-14(a) part.]
As added by P.L.1-1997, SEC.20. Amended by P.L.138-2007, SEC.83.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 13. Factfinding Hearing › 31-37-13-2. Judgment; Order of Predisposition Report; Scheduling of Dispositional Hearing; Dual Status Screening; Dual Status Determination

Sec. 2. (a) If the court finds that a child is a delinquent child, the court shall do the following:
(1) Enter judgment accordingly.
(2) Order a predispositional report.
(3) Schedule a dispositional hearing.
(4) Complete a dual status screening tool on the child, as described in IC 31-41-1-3, and determine whether the child is a dual status child as described in IC 31-41-1-2.
(b) If a child is determined to be a dual status child, the court may refer the child for an assessment by a dual status assessment team as described in IC 31-41.
[Pre-1997 Recodification Citation: 31-6-4-14(b) part.]
As added by P.L.1-1997, SEC.20. Amended by P.L.146-2008, SEC.635; P.L.66-2015, SEC.14.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 13. Factfinding Hearing › 31-37-13-3. Discharge of Child

Sec. 3. If the court finds that a child is not a delinquent child, the court shall discharge the child.
[Pre-1997 Recodification Citation: 31-6-4-14(c) part.]
As added by P.L.1-1997, SEC.20.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 13. Factfinding Hearing › 31-37-13-4. Judgment Entry; Continuance; Release From Juvenile Detention Facility Pending Entry of Judgment

Sec. 4. (a) Except as provided in subsection (b), at the close of all the evidence and before judgment is entered, the court may continue the case for not more than twelve (12) months.
(b) If the child or the child's parent, guardian, or custodian requests that judgment be entered, the judgment shall be entered not later than thirty (30) days after the request is made.
(c) If the child is in a juvenile detention facility, the child shall be released not later than forty-eight (48) hours, excluding Saturdays, Sundays, and legal holidays, pending the entry of judgment. A child released from a juvenile detention facility pending the entry of judgment may be detained in a shelter care facility.
[Pre-1997 Recodification Citation: 31-6-4-14(d) part.]
As added by P.L.1-1997, SEC.20. Amended by P.L.35-1998, SEC.26.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 13. Factfinding Hearing › 31-37-13-5. Findings Required Where Delinquent Act Would Be Felony if Committed by Adult; Notification to Office of Judicial Administration

Sec. 5. (a) If a finding of delinquency is based on a delinquent act that would be a felony if committed by an adult, the juvenile court shall state in the findings the following:
(1) The specific statute that was violated.
(2) The class or level of the felony had the violation been committed by an adult.
(b) If a finding of delinquency is based on a delinquent act that would be a serious violent felony (as defined in IC 35-47-4-5) if committed by an adult, the juvenile court shall, notwithstanding IC 31-39-1, transmit the finding to the office of judicial administration for transmission to NICS (as defined in IC 35-47-2.5-2.5) in accordance with IC 33-24-6-3.
[Pre-1997 Recodification Citation: 31-6-4-14(e).]
As added by P.L.1-1997, SEC.20. Amended by P.L.168-2014, SEC.45; P.L.142-2020, SEC.46.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 13. Factfinding Hearing › 31-37-13-6. State's Right to Appeal

Sec. 6. The right of the state to appeal in a juvenile delinquency case is governed by IC 35-38-4-2.
As added by P.L.110-2015, SEC.1.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 14. Findings, Presumptions, and Evidence › 31-37-14-1. Burden of Proof of Delinquent Act or Crime

Sec. 1. A finding by a juvenile court that a child committed a delinquent act, or that an adult committed a crime, must be based upon proof beyond a reasonable doubt.
[Pre-1997 Recodification Citation: 31-6-7-13(a) part.]
As added by P.L.1-1997, SEC.20.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 14. Findings, Presumptions, and Evidence › 31-37-14-2. Burden of Proof in Proceedings to Terminate Parental Rights

Sec. 2. A finding in a proceeding to terminate parental rights must be based upon clear and convincing evidence.
[Pre-1997 Recodification Citation: 31-6-7-13(a) part.]
As added by P.L.1-1997, SEC.20.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 14. Findings, Presumptions, and Evidence › 31-37-14-3. Burden of Proof in Other Cases

Sec. 3. A finding not covered by section 1 or 2 of this chapter must be based upon a preponderance of the evidence.
[Pre-1997 Recodification Citation: 31-6-7-13(a) part.]
As added by P.L.1-1997, SEC.20.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 15. Petition for Parental Participation › 31-37-15-1. Standing

Sec. 1. Any of the following may sign and file a petition for the juvenile court to require the participation of a parent, guardian, or custodian in a program of care, treatment, or rehabilitation for the child:
(1) The prosecuting attorney.
(2) A probation officer.
(3) The department of correction.
(4) The guardian ad litem or court appointed special advocate.
[Pre-1997 Recodification Citation: 31-6-4-17(a) part.]
As added by P.L.1-1997, SEC.20. Amended by P.L.145-2006, SEC.339; P.L.146-2008, SEC.636.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 15. Petition for Parental Participation › 31-37-15-2. Verification

Sec. 2. A petition filed under section 1 of this chapter must be verified.
[Pre-1997 Recodification Citation: 31-6-4-17(a) part.]
As added by P.L.1-1997, SEC.20.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 15. Petition for Parental Participation › 31-37-15-3. Caption; Allegations

Sec. 3. A petition seeking participation of a parent, guardian, or custodian must be entitled "In the Matter of the Participation of _________ the Parent, Guardian, or Custodian of _________". The petition must allege the following:
(1) That the respondent is the child's parent, guardian, or custodian.
(2) That the child has been adjudicated a delinquent child.
(3) That the parent, guardian, or custodian should:
(A) obtain assistance in fulfilling obligations as a parent, guardian, or custodian;
(B) provide specified care, treatment, or supervision for the child;
(C) work with a person providing care, treatment, or rehabilitation for the child; or
(D) refrain from direct or indirect contact with the child.
[Pre-1997 Recodification Citation: 31-6-4-17(b) part.]
As added by P.L.1-1997, SEC.20.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 15. Petition for Parental Participation › 31-37-15-4. Hearing; Advisement to Parent; Decree

Sec. 4. (a) The court may hold a hearing on a petition concurrently with any dispositional hearing or with any hearing to modify a dispositional decree.
(b) If the order concerns participation of a parent, the juvenile court shall advise the parent that failure to participate as required by an order issued under IC 31-37-19-24 (or IC 31-6-4-15.8 before its repeal) can lead to the termination of the parent-child relationship under IC 31-35.
(c) If the court finds that the allegations under section 3 of this chapter are true, the court shall enter a decree.
[Pre-1997 Recodification Citation: 31-6-4-17(d) part.]
As added by P.L.1-1997, SEC.20.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 16. Repealed

[Pre-1997 Recodification Citations:
31-37-16-1formerly 31-6-4-17(a) part31-37-16-2formerly 31-6-4-17(a) part31-37-16-3formerly 31-6-4-17(c) part31-37-16-4formerly 31-6-4-17(d) part31-37-16-5formerly 31-6-4-17(e) part.]
Repealed by P.L.133-2002, SEC.69.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 17. Predispositional Report › 31-37-17-1. Recommendation of Care, Treatment, or Rehabilitation of Child; Alternative Reports

Sec. 1. (a) Upon finding that a child is a delinquent child, the juvenile court shall order a probation officer to prepare a predispositional report that contains:
(1) a statement of the needs of the child for care, treatment, rehabilitation, or placement;
(2) a recommendation for the care, treatment, rehabilitation, or placement of the child;
(3) if the recommendation includes an out-of-home placement other than a secure detention facility, information that the department requires to determine whether the child is eligible for assistance under Title IV-E of the federal Social Security Act (42 U.S.C. 670 et seq.);
(4) a statement of the department's concurrence with or its alternative proposal to the probation officer's predispositional report, as provided in section 1.4 of this chapter;
(5) a statement of whether the child receives Medicaid; and
(6) the results of the validated risk and needs assessment tool the probation officer conducted on the child.
If the juvenile court waives the preparation of a predispositional report under this section, the results of the validated risk and needs assessment tool shall still be provided to the juvenile court and any legal party to the case.
(b) Any of the following may prepare an alternative report for consideration by the court:
(1) The child.
(2) The child's:
(A) parent;
(B) guardian;
(C) guardian ad litem;
(D) court appointed special advocate; or
(E) custodian.
(c) The results of the predispositional report compiled under subsection (a) shall, as soon as practicable, be shared with:
(1) the juvenile court;
(2) the prosecuting attorney;
(3) the defense attorney; and
(4) any other party to the case;
to ensure that the safety and best interest of the child and the community are addressed.
(d) The juvenile court shall make a written finding that includes the results of the risk and needs assessment if the court orders an out-of-home placement.
[Pre-1997 Recodification Citation: 31-6-4-15(a) part.]
As added by P.L.1-1997, SEC.20. Amended by P.L.55-1997, SEC.25; P.L.146-2008, SEC.637; P.L.114-2009, SEC.2; P.L.131-2009, SEC.68; P.L.1-2010, SEC.127; P.L.101-2022, SEC.23.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 17. Predispositional Report › 31-37-17-1.1. Consultation With Experts; Participants in Conference

Sec. 1.1. (a) The person preparing the report under section 1 of this chapter:
(1) may; or
(2) if directed by the court, shall;
confer with individuals who have expertise in professional areas related to the child's needs in the areas of appropriate care, treatment, rehabilitation, or placement for a delinquent child.
(b) A conference held under this chapter may include representatives of the following:
(1) The child's school.
(2) The probation department.
(3) The department.
(4) A community mental health center located in the child's county of residence.
(5) A community intellectual disability and other developmental disabilities center located in the child's county of residence.
(6) Other persons as the court may direct.
As added by P.L.55-1997, SEC.26. Amended by P.L.253-1997(ss), SEC.28.5; P.L.145-2006, SEC.340; P.L.117-2015, SEC.41.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 17. Predispositional Report › 31-37-17-1.2. Mandatory Attendance of Child's School Representative at Conference

Sec. 1.2. If a delinquent child is known to be eligible for special education services or placement under IC 20-35-2 and 511 IAC 7, the conference described in section 1.1 of this chapter must include a representative from the child's school.
As added by P.L.55-1997, SEC.27. Amended by P.L.1-2005, SEC.210.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 17. Predispositional Report › 31-37-17-1.3. Reports and Forms

Sec. 1.3. (a) The individuals participating in a meeting described in section 1.1 of this chapter shall assist the person preparing the report in recommending the care, treatment, rehabilitation, or placement of the child.
(b) The individuals shall inform the person preparing the report of resources and programs that are available for the child.
(c) The probation officer shall:
(1) collect and maintain all information relevant to a determination of eligibility under Title IV-E of the federal Social Security Act (42 U.S.C. 670 et seq.); and
(2) complete financial eligibility forms designated by the director to assist in obtaining federal reimbursement and other reimbursement.
As added by P.L.55-1997, SEC.28. Amended by P.L.273-1999, SEC.108; P.L.146-2008, SEC.638.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 17. Predispositional Report › 31-37-17-1.4. Referral of Predispositional Report to Department; Review of Predispositional Report by Department; Concurrence or Alternative Proposal

Sec. 1.4. (a) If the predispositional report includes a recommended placement, program, or services that would be payable by the department under IC 31-40-1-2, a probation officer shall refer the officer's completed predispositional report, except for the statement required under section 1(a)(4) of this chapter, to the department within a reasonable time before its required disclosure under section 6 of this chapter to allow the department time to:
(1) review; and
(2) either concur with or offer an alternative proposal to the recommendations in;
the predispositional report.
(b) The department shall, after review of the predispositional report and any attachments necessary to verify the predispositional report, and within a reasonable time before the dispositional hearing, either:
(1) concur with the predispositional report; or
(2) communicate to the probation officer an alternative proposal regarding programs and services.
As added by P.L.146-2008, SEC.639.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 17. Predispositional Report › 31-37-17-2. Participation by Parent, Guardian, or Custodian; Out-of-Home Placement With Blood or Adoptive Relative Caretaker

Sec. 2. (a) In addition to providing the court with a recommendation for the care, treatment, or rehabilitation of the child, the person preparing the report shall consider the necessity, nature, and extent of the participation by a parent, guardian, or custodian in a program of care, treatment, or rehabilitation for the child.
(b) If a probation officer believes that an out-of-home placement would be appropriate for a delinquent child, the probation officer shall consider whether the child should be placed with a suitable and willing relative, before considering other out-of-home placements for the child.
[Pre-1997 Recodification Citation: 31-6-4-15(b) part.]
As added by P.L.1-1997, SEC.20. Amended by P.L.146-2008, SEC.640; P.L.123-2014, SEC.25.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 17. Predispositional Report › 31-37-17-3. Financial Report

Sec. 3. The probation officer shall collect information and prepare a financial report, in the form prescribed by the department, on the parent or the estate of the child to assist the juvenile court and the department in:
(1) determining the person's financial responsibility; and
(2) obtaining federal reimbursement;
for services provided for the child or the person.
[Pre-1997 Recodification Citation: 31-6-4-15(c) part.]
As added by P.L.1-1997, SEC.20. Amended by P.L.273-1999, SEC.109; P.L.145-2006, SEC.341; P.L.146-2008, SEC.641.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 17. Predispositional Report › 31-37-17-4. Recommendation on Care, Treatment, Rehabilitation, or Placement; Risk Assessment and Needs Assessment

Sec. 4. (a) If consistent with the safety and best interest of the child and the community, the probation officer preparing the report shall recommend care, treatment, rehabilitation, or placement that:
(1) is based on the results of a validated risk and needs assessment tool;
(2) is:
(A) in the least restrictive (most family like) and most appropriate setting available; and
(B) close to the parents' home, consistent with the best interest and special needs of the child;
(3) least interferes with family autonomy;
(4) is least disruptive of family life;
(5) imposes the least restraint on the freedom of the child and the child's parent, guardian, or custodian; and
(6) provides a reasonable opportunity for participation by the child's parent, guardian, or custodian.
(b) If the report recommends a placement or services for which the department will be responsible for payment under IC 31-40-1, the report must include a risk assessment and needs assessment for the child. The probation officer shall submit to the department a copy of the report and the financial report prepared by the probation officer.
(c) If the report does not include the:
(1) risk assessment and needs assessment required in subsection (b); or
(2) information required to be provided under section 1(a)(3) of this chapter;
the department shall file a notice with the office of judicial administration.
[Pre-1997 Recodification Citation: 31-6-4-15(d) part.]
As added by P.L.1-1997, SEC.20. Amended by P.L.55-1997, SEC.29; P.L.146-2008, SEC.642; P.L.48-2012, SEC.71; P.L.161-2018, SEC.41; P.L.101-2022, SEC.24.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 17. Predispositional Report › 31-37-17-5. Examinations

Sec. 5. The juvenile court may do the following:
(1) Authorize an examination of the child under IC 31-32-12.
(2) Make provision for similar examination of the parent, guardian, or custodian if the person gives consent.
[Pre-1997 Recodification Citation: 31-6-4-15(e) part.]
As added by P.L.1-1997, SEC.20.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 17. Predispositional Report › 31-37-17-6. Disclosure

Sec. 6. (a) Predispositional reports shall be made available within a reasonable time before the dispositional hearing, unless the juvenile court determines on the record that the reports contain information that should not be released to the child or the child's parent, guardian, or custodian.
(b) The court shall provide a copy of the report to:
(1) each attorney, guardian ad litem, or court appointed special advocate representing the child; and
(2) each attorney representing the child's parent, guardian, or custodian.
(c) The court may provide a factual summary of the report to:
(1) the child; or
(2) the child's parent, guardian, or custodian.
[Pre-1997 Recodification Citation: 31-6-4-15(f) part.]
As added by P.L.1-1997, SEC.20. Amended by P.L.197-1997, SEC.28.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 17. Predispositional Report › 31-37-17-6.1. Predispositional Report; Contents

Sec. 6.1. (a) The predispositional report prepared by a probation officer must include the following information:
(1) A validated risk and needs assessment as described in section 1 of this chapter.
(2) A description of all dispositional options considered in preparing the report.
(3) An evaluation of each of the options considered in relation to the plan of care, treatment, rehabilitation, or placement recommended under the guidelines described in section 4 of this chapter.
(4) The name, occupation and position, and any relationship to the child of each person with whom the preparer of the report conferred as provided in section 1.1 of this chapter.
(5) The items required under section 1 of this chapter.
(6) The results of a dual status screening tool to determine whether the child is a dual status child as described in IC 31-41-1-2.
(b) If a probation officer is considering an out-of-home placement, including placement with a relative, the probation officer must conduct a criminal history check (as defined in IC 31-9-2-22.5) for each person who is currently residing in the location designated as the out-of-home placement. The results of the criminal history check must be included in the predispositional report.
(c) A probation officer is not required to conduct a criminal history check under this section if:
(1) the probation officer is considering only an out-of-home placement to an entity or a facility that:
(A) is not a residence (as defined in IC 3-5-2-42.5); or
(B) is licensed by the state; or
(2) placement under this section is undetermined at the time the predispositional report is prepared.
As added by P.L.55-1997, SEC.30. Amended by P.L.70-2004, SEC.24; P.L.234-2005, SEC.186; P.L.145-2006, SEC.342; P.L.146-2008, SEC.643; P.L.123-2014, SEC.26; P.L.66-2015, SEC.15; P.L.101-2022, SEC.25.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 17. Predispositional Report › 31-37-17-7. Victim Notification

Sec. 7. (a) This section shall not be construed to limit victim's rights granted by IC 35-40 or any other law.
(b) In the case of a child who commits a delinquent act that would be a sex offense (as defined in IC 11-13-6-5.5(b)) if the child were an adult, the person preparing the predispositional report under section 1 of this chapter shall, before the predispositional report is prepared, notify each victim (as defined in IC 11-13-6-5.5) in the proceeding of the victim's rights under IC 11-13-6-5.5 and the procedures related to the exercises of those rights.
As added by P.L.77-2001, SEC.2.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 17. Predispositional Report › 31-37-17-8. Exchange of Information

Sec. 8. Unless prohibited by federal law, a probation department and:
(1) the division of family resources;
(2) a local office; and
(3) the department of child services;
may exchange information for use in preparing a report under this chapter.
As added by P.L.131-2009, SEC.69. Amended by P.L.128-2012, SEC.174.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 18. Dispositional Hearing › 31-37-18-1. Issues for Consideration

Sec. 1. The juvenile court shall hold a dispositional hearing to consider the following:
(1) Alternatives for the care, treatment, rehabilitation, or placement of the child.
(2) The necessity, nature, and extent of the participation by a parent, a guardian, or a custodian in the program of care, treatment, or rehabilitation for the child.
(3) The financial responsibility of the parent or guardian of the estate for services provided for the parent or guardian or the child.
[Pre-1997 Recodification Citation: 31-6-4-15.3(a) part.]
As added by P.L.1-1997, SEC.20. Amended by P.L.55-1997, SEC.31.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 18. Dispositional Hearing › 31-37-18-1.1. Mandatory Attendance at Predispositional Hearing by Report Preparer or Probation Officer

Sec. 1.1. (a) At a dispositional hearing under this chapter, the person that prepared the predispositional report or a probation officer described in subsection (b):
(1) must be present; and
(2) must present testimony when requested to explain how the individuals participating in the conference described in IC 31-37-17:
(A) examined the available options; and
(B) recommended the options that most closely coincide with the guidelines provided in IC 31-37-17-4.
(b) A probation officer other than the person who prepared the predispositional report may satisfy the requirements of subsection (a) if the probation officer has knowledge of:
(1) a conference held under IC 31-37-17-1.1; and
(2) the report and recommendations made under IC 31-37-17-1.
As added by P.L.55-1997, SEC.32. Amended by P.L.142-2007, SEC.9.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 18. Dispositional Hearing › 31-37-18-1.3. Notice of Dispositional Hearing; Court Duties

Sec. 1.3. (a) The prosecuting attorney or probation department of the juvenile court shall provide notice of the date, time, place, and purpose of the dispositional hearing under this chapter to each:
(1) party or person for whom a summons is required to be issued under IC 31-37-12-2; and
(2) foster parent or other caretaker with whom the child is placed for temporary care;
at the time the dispositional hearing is scheduled.
(b) The court shall:
(1) provide a person who is required to be notified under subsection (a) an opportunity to be heard; and
(2) allow a person described in subdivision (1) to make recommendations to the court;
at the dispositional hearing.
As added by P.L.138-2007, SEC.84.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 18. Dispositional Hearing › 31-37-18-2. Admissibility of Reports; Opportunity to Controvert Report

Sec. 2. (a) Any predispositional report may be admitted into evidence to the extent that the report contains evidence of probative value even if the report would otherwise be excluded.
(b) If a report contains information that should not be released to the child or the child's parent, guardian, or custodian, a factual summary of the report may be admitted.
(c) The following shall be given a fair opportunity to controvert any part of the report admitted into evidence:
(1) The child.
(2) The child's parent, guardian, or custodian.
(3) The person representing the interests of the state.
(4) A foster parent or other caretaker who is entitled to notice of the dispositional hearing under section 1.3 of this chapter.
[Pre-1997 Recodification Citation: 31-6-4-15.3(b) part.]
As added by P.L.1-1997, SEC.20. Amended by P.L.138-2007, SEC.85.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 18. Dispositional Hearing › 31-37-18-3. Civil Commitment; Child With a Mental Illness

Sec. 3. If it appears to the juvenile court that a child has a mental illness, the court may:
(1) refer the matter to the court having probate jurisdiction for civil commitment proceedings under IC 12-26; or
(2) initiate a civil commitment proceeding under IC 12-26.
[Pre-1997 Recodification Citation: 31-6-4-15.3(c) part.]
As added by P.L.1-1997, SEC.20. Amended by P.L.99-2007, SEC.197.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 18. Dispositional Hearing › 31-37-18-4. Discharge of Child; Continuance of Proceeding; No Release of Department From Obligations to Child

Sec. 4. If:
(1) a child is referred to a probate court;
(2) the juvenile court initiates a commitment proceeding; or
(3) the court transfers a commitment proceeding under IC 12-26-1-4;
the juvenile court shall discharge the child or continue the court's proceedings under the juvenile law. However, if the child is under the custody or supervision of the department, the juvenile court may not release the department from the obligations of the department to the child pending the outcome of the proceeding under IC 12-26.
[Pre-1997 Recodification Citation: 31-6-4-15.3(c) part.]
As added by P.L.1-1997, SEC.20. Amended by P.L.145-2006, SEC.343; P.L.146-2008, SEC.644.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 18. Dispositional Hearing › 31-37-18-5. Release of Department of Child Services From Obligations to Child Placed in State Institution for Voluntary Treatment

Sec. 5. If the court authorizes a child who is under the custody or supervision of the department to be placed in a state institution (as defined in IC 12-7-2-184) for voluntary treatment in accordance with IC 12-26-3, the court may not release the department from obligations of the department to the child until the earlier of:
(1) the date the child is discharged; or
(2) the date that a parent, guardian, or other responsible person approved by the court assumes the obligations.
[Pre-1997 Recodification Citation: 31-6-4-15.3(d) part.]
As added by P.L.1-1997, SEC.20. Amended by P.L.145-2006, SEC.344; P.L.146-2008, SEC.645.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 18. Dispositional Hearing › 31-37-18-6. Dispositional Decree; Factors

Sec. 6. If consistent with the safety of the community and the best interest of the child, the juvenile court shall enter a dispositional decree that:
(1) is:
(A) in the least restrictive (most family like) and most appropriate setting available; and
(B) close to the parents' home, consistent with the best interest and special needs of the child;
(2) least interferes with family autonomy;
(3) is least disruptive of family life;
(4) imposes the least restraint on the freedom of the child and the child's parent, guardian, or custodian; and
(5) provides a reasonable opportunity for participation by the child's parent, guardian, or custodian.
[Pre-1997 Recodification Citation: 31-6-4-15.3(e) part.]
As added by P.L.1-1997, SEC.20. Amended by P.L.55-1997, SEC.33.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 18. Dispositional Hearing › 31-37-18-7. Provision of Copies of Dispositional Report

Sec. 7. The juvenile court shall send a copy of the dispositional report described in section 10 of this chapter to each person who receives placement or wardship of the child.
[Pre-1997 Recodification Citation: 31-6-4-15.3(g) part.]
As added by P.L.1-1997, SEC.20.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 18. Dispositional Hearing › 31-37-18-8. Advisement of Modification Procedures

Sec. 8. The juvenile court shall advise the child and the child's parent, guardian, or custodian of the procedures under IC 31-37-22.
[Pre-1997 Recodification Citation: 31-6-4-15.3(h) part.]
As added by P.L.1-1997, SEC.20.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 19. Dispositional Decrees › 31-37-19-1. Entry of Dispositional Decrees; Placement in Foster Family Home or Another Facility; Findings and Conclusions; Costs

Sec. 1. (a) Subject to section 6.5 of this chapter, if a child is a delinquent child under IC 31-37-2, the juvenile court may enter one (1) or more of the following dispositional decrees:
(1) Order supervision of the child by the probation department.
(2) Order the child to receive outpatient treatment:
(A) at a social service agency or a psychological, a psychiatric, a medical, or an educational facility; or
(B) from an individual practitioner.
(3) Remove the child from the child's home and place the child in another home or a shelter care facility, child caring institution, group home, or secure private facility. Placement under this subdivision includes authorization to control and discipline the child.
(4) Award wardship to a:
(A) person, other than the department; or
(B) shelter care facility.
(5) Partially or completely emancipate the child under section 27 of this chapter.
(6) Order:
(A) the child; or
(B) the child's parent, guardian, or custodian;
to receive family services.
(7) Order a person who is a party to refrain from direct or indirect contact with the child.
(b) If the child is removed from the child's home and placed in a foster family home or another facility, the juvenile court shall:
(1) approve a permanency plan for the child;
(2) find whether or not reasonable efforts were made to prevent or eliminate the need for the removal;
(3) designate responsibility for the placement and care of the child with the probation department; and
(4) find whether it:
(A) serves the best interests of the child to be removed; and
(B) would be contrary to the health and welfare of the child for the child to remain in the home.
(c) If a dispositional decree under this section:
(1) orders or approves removal of a child from the child's home or awards wardship of the child to a:
(A) person other than the department; or
(B) shelter care facility; and
(2) is the first court order in the delinquent child proceeding that authorizes or approves removal of the child from the child's parent, guardian, or custodian;
the court shall include in the decree the appropriate findings and conclusions described in IC 31-37-6-6(g) and IC 31-37-6-6(h).
(d) If the juvenile court orders supervision of the child by the probation department under subsection (a)(1), the child or the child's parent, guardian, or custodian is responsible for any costs resulting from the participation in a rehabilitative service or educational class provided by the probation department. Any costs collected for services provided by the probation department shall be deposited in the county supplemental juvenile probation services fund.
[Pre-1997 Recodification Citation: 31-6-4-15.4(a) part.]
As added by P.L.1-1997, SEC.20. Amended by P.L.70-2004, SEC.25; P.L.145-2006, SEC.345; P.L.146-2006, SEC.57; P.L.146-2008, SEC.647; P.L.147-2012, SEC.5; P.L.104-2015, SEC.43; P.L.85-2017, SEC.105; P.L.101-2022, SEC.26.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 19. Dispositional Decrees › 31-37-19-1.7. Consult With Child; Selection of Child Representatives; Adviser

Sec. 1.7. (a) For a child who is at least fourteen (14) years of age, the probation officer shall consult with the child in the development of the child's case plan or transitional services plan. If the probation officer determines that the child is unable to participate effectively in the development of a case plan or transitional services plan due to a physical, mental, emotional, or intellectual disability, the probation officer may excuse the child from this requirement by documenting in the plan the reasons for the child's inability to participate in the development of the applicable plan. If the child refuses to participate in the development of the applicable plan for reasons other than a physical, mental, emotional, or intellectual disability, the probation officer shall record the refusal and document efforts made to obtain the child's input or participation in the development of the applicable plan.
(b) The child may select not more than two (2) child representatives to represent the child in the development of the child's case plan or transitional services plan. A child representative selected under this section:
(1) must be:
(A) at least eighteen (18) years of age; and
(B) a member of the case planning team;
(2) may not be a foster parent of or caseworker for the child; and
(3) must be approved by the child's probation officer.
(c) The child may select one (1) of the child representatives who is a member of the child's case planning team to also be the child's adviser and, as necessary, advocate, with respect to the application of the reasonable and prudent parent standard to the child.
(d) The probation officer may reject an individual selected by a child to be a member of the case planning team at any time if the probation officer has good cause to believe that the individual would not act in the best interests of the child.
As added by P.L.104-2015, SEC.45. Amended by P.L.187-2015, SEC.29.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 19. Dispositional Decrees › 31-37-19-2. Dispositional Decree That Includes a No Contact Order; Protective Order Depository; Confidential Form

Sec. 2. If a court enters a dispositional decree that includes a no contact order under section 1(a)(7) of this chapter:
(1) the clerk of the court that enters a dispositional decree that includes a no contact order under section 1(a)(7) of this chapter shall comply with IC 5-2-9; and
(2) the petitioner shall file a confidential form prescribed or approved by the office of judicial administration with the clerk.
[Pre-1997 Recodification Citation: 31-6-4-15.4(b) part.]
As added by P.L.1-1997, SEC.20. Amended by P.L.133-2002, SEC.36; P.L.85-2017, SEC.106; P.L.161-2018, SEC.42.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 19. Dispositional Decrees › 31-37-19-3. Placement in Shelter Care Facility Outside County of Residence; Placement in Home or Facility Outside Indiana

Sec. 3. (a) A juvenile court may not place a child who is a delinquent child under IC 31-37-2 in a shelter care facility that is located outside the child's county of residence unless:
(1) placement of the child in a shelter care facility with adequate services located in the child's county of residence is unavailable; or
(2) the child's county of residence does not have an appropriate shelter care facility with adequate services.
(b) A juvenile court may not place a child in a home or facility that is not a secure detention facility and that is located outside Indiana unless:
(1) the placement is recommended or approved by the director of the department or the director's designee; or
(2) the court makes written findings based on clear and convincing evidence that:
(A) the out-of-state placement is appropriate because there is not an equivalent facility with adequate services located in Indiana;
(B) institutional care in the other jurisdiction is in the best interest of the child and will not produce undue hardship; or
(C) the location of the home or facility is within a distance not more than fifty (50) miles from the county of residence of the child.
[Pre-1997 Recodification Citation: 31-6-4-15.4(c).]
As added by P.L.1-1997, SEC.20. Amended by P.L.146-2008, SEC.649; P.L.46-2016, SEC.18; P.L.183-2017, SEC.56.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 19. Dispositional Decrees › 31-37-19-4. Invalidation of Driver's License or Permit of Delinquent Child Violating Compulsory School Attendance Law

Sec. 4. (a) This section applies if a child:
(1) is a delinquent child under IC 31-37-2 due to the commission of a delinquent act under IC 31-37-2-3 (or IC 31-6-4-1(a)(3) before its repeal); and
(2) has been previously determined to be a delinquent child under IC 31-37-2 (or IC 31-6-4-1(b)(2) before its repeal) due to the commission of a delinquent act under IC 31-37-2-3 (or IC 31-6-4-1(a)(3) before its repeal).
(b) The juvenile court shall, in addition to any other order or decree the juvenile court makes under this chapter, order the bureau of motor vehicles to invalidate the child's driver's license or permit for a period specified by the court that is not less than ninety (90) days but not more than one (1) year.
[Pre-1997 Recodification Citation: 31-6-4-15.9(c).]
As added by P.L.1-1997, SEC.20.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 19. Dispositional Decrees › 31-37-19-5. Additional Dispositional Decrees; Costs

Sec. 5. (a) This section applies if a child is a delinquent child under IC 31-37-1.
(b) The juvenile court may, in addition to an order under section 6 of this chapter, enter at least one (1) of the following dispositional decrees:
(1) Order supervision of the child by the probation department as a condition of probation under this subdivision. The juvenile court shall after a determination under IC 11-8-8-5 require a child who is adjudicated a delinquent child for an act that would be an offense described in IC 11-8-8-5 if committed by an adult to register with the local law enforcement authority under IC 11-8-8.
(2) Order the child to receive outpatient treatment:
(A) at a social service agency or a psychological, a psychiatric, a medical, or an educational facility; or
(B) from an individual practitioner.
(3) Order the child to surrender the child's driver's license to the court for a specified period of time.
(4) Order the child to pay restitution if the victim provides reasonable evidence of the victim's loss, which the child may challenge at the dispositional hearing.
(5) Partially or completely emancipate the child under section 27 of this chapter.
(6) Order the child to attend an alcohol and drug services program established under IC 12-23-14.
(7) Order the child to perform community restitution or service for a specified period of time.
(8) Order wardship of the child as provided in section 9 of this chapter.
(c) If the juvenile court orders supervision of the child by the probation department under subsection (b)(1), the child or the child's parent, guardian, or custodian is responsible for any costs resulting from the participation in a rehabilitative service or educational class provided by the probation department. Any costs collected for services or classes provided by the probation department shall be deposited in the county supplemental juvenile probation services fund.
[Pre-1997 Recodification Citation: 31-6-4-15.9(b) part.]
As added by P.L.1-1997, SEC.20. Amended by P.L.32-2000, SEC.21; P.L.238-2001, SEC.16; P.L.116-2002, SEC.19; P.L.140-2006, SEC.19 and P.L.173-2006, SEC.19; P.L.145-2006, SEC.346; P.L.1-2007, SEC.208; P.L.146-2008, SEC.650; P.L.147-2012, SEC.6.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 19. Dispositional Decrees › 31-37-19-6. Additional Actions by Court on Behalf of Delinquent Child

Sec. 6. (a) This section applies if a child is a delinquent child under IC 31-37-1.
(b) Except as provided in section 10 of this chapter and subject to section 6.5 of this chapter, the juvenile court may:
(1) enter any dispositional decree specified in section 5 of this chapter; and
(2) take any of the following actions:
(A) Award wardship to:
(i) the department of correction for housing in a correctional facility for children; or
(ii) a community based correctional facility for children.
Wardship under this subdivision does not include the right to consent to the child's adoption.
(B) If the child is less than seventeen (17) years of age, order confinement in a juvenile detention facility for not more than the lesser of:
(i) ninety (90) days; or
(ii) the maximum term of imprisonment that could have been imposed on the child if the child had been convicted as an adult offender for the act that the child committed under IC 31-37-1 (or IC 31-6-4-1(b)(1) before its repeal).
(C) If the child is at least seventeen (17) years of age, order confinement in a juvenile detention facility for not more than the lesser of:
(i) one hundred twenty (120) days; or
(ii) the maximum term of imprisonment that could have been imposed on the child if the child had been convicted as an adult offender for the act that the child committed under IC 31-37-1 (or IC 31-6-4-1(b)(1) before its repeal).
(D) Remove the child from the child's home and place the child in another home or shelter care facility. Placement under this subdivision includes authorization to control and discipline the child.
(E) Award wardship to a:
(i) person, other than the department; or
(ii) shelter care facility.
Wardship under this subdivision does not include the right to consent to the child's adoption.
(F) Place the child in a secure private facility for children licensed under the laws of a state. Placement under this subdivision includes authorization to control and discipline the child.
(G) Order a person who is a respondent in a proceeding under IC 31-37-16 (before its repeal) or IC 34-26-5 to refrain from direct or indirect contact with the child.
(c) If a dispositional decree under this section:
(1) orders or approves removal of a child from the child's home, or awards wardship of the child to a:
(A) person, other than the department; or
(B) shelter care facility; and
(2) is the first court order in the delinquent child proceeding that authorizes or approves removal of the child from the child's parent, guardian, or custodian;
the juvenile court shall include in the decree the appropriate findings and conclusions described in IC 31-37-6-6(g) and IC 31-37-6-6(h).
[Pre-1997 Recodification Citation: 31-6-4-15.9(a).]
As added by P.L.1-1997, SEC.20. Amended by P.L.1-2003, SEC.79; P.L.70-2004, SEC.26; P.L.146-2008, SEC.651; P.L.101-2022, SEC.27.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 19. Dispositional Decrees › 31-37-19-7. Age Restrictions for Wardship; Confinement in Facilities Housing Persons Charged With, Imprisoned For, or Incarcerated for Crimes

Sec. 7. (a) With respect to a wardship awarded under section 6(b)(2)(A) of this chapter, a child may not be awarded to the department of correction, if the child:
(1) except as provided by subsection (b), is:
(A) less than twelve (12) years of age; or
(B) at least eighteen (18) years of age;
at the time of the dispositional decree; or
(2) was determined to be a delinquent child because the child violated IC 7.1-5-7.
(b) A wardship may be awarded to the department of correction if the child:
(1) is ten (10) or eleven (11) years of age; and
(2) is found to have committed an act that would have been murder if committed by an adult.
(c) The department of correction may not confine a delinquent child, except as provided in IC 11-10-2-10, at:
(1) an adult correctional facility; or
(2) a shelter care facility;
that houses persons charged with, imprisoned for, or incarcerated for crimes unless the child is restricted to an area of the facility where the child may have not more than haphazard or incidental sight or sound contact with persons charged with, imprisoned for, or incarcerated for crimes.
[Pre-1997 Recodification Citation: 31-6-4-15.6(a), (b).]
As added by P.L.1-1997, SEC.20.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 19. Dispositional Decrees › 31-37-19-8. Continuous or Intermittent Confinement; Substandard Juvenile Detention Facilities

Sec. 8. (a) Confinement under section 6(b)(2)(B) of this chapter may be continuous or intermittent, including confinement at night or on weekends.
(b) A child may not be sent to a juvenile detention facility that fails to meet standards established by law.
[Pre-1997 Recodification Citation: 31-6-4-15.6(c), (d).]
As added by P.L.1-1997, SEC.20.