reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 20. Dispositional Decrees › 31-34-20-4. Decrees Limiting Contact With Child; Copies to Parties and Law Enforcement Agencies

Sec. 4. (a) The clerk of the court that enters a dispositional decree under this chapter that requires a person to refrain from direct or indirect contact with a child shall provide a copy of the decree to the following:
(1) Each party.
(2) The sheriff.
(3) The law enforcement agency of the municipality, if any, in which the child resides.
(b) Each sheriff and law enforcement agency that receives a decree under subsection (a) shall maintain a copy of the decree in the depository established by IC 5-2-9. The decree may be removed from the depository after the later of the following occurs:
(1) The lapse of one (1) year after the decree is entered.
(2) The date specified in the decree if any.
[Pre-1997 Recodification Citation: 31-6-4-16.1 part.]
As added by P.L.1-1997, SEC.17.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 20. Dispositional Decrees › 31-34-20-5. Determination and Reporting of Legal Settlement of Child

Sec. 5. (a) This section applies if the department or a juvenile court:
(1) places a child;
(2) changes the placement of a child; or
(3) reviews the implementation of a decree under IC 31-34-21 of a child placed;
in a state licensed private or public health care facility, child care facility, foster family home, or the home of a relative or other unlicensed caretaker.
(b) The juvenile court shall do the following:
(1) Make findings of fact concerning the legal settlement of the child.
(2) Apply IC 20-26-11-2(a)(1) through IC 20-26-11-2(a)(8) to determine where the child has legal settlement.
(3) Include the findings of fact required by this section in:
(A) the dispositional order;
(B) the modification order; or
(C) the other decree;
making or changing the placement of the child.
(c) The juvenile court may determine that the legal settlement of the child is in the school corporation in which the child will attend school under IC 20-26-11-8(d).
(d) The juvenile court shall comply with the reporting requirements under IC 20-26-11-9 concerning the legal settlement of the child.
(e) The department or a juvenile court may place a child in a public school, regardless of whether the public school has a waiting list for admissions, if the department or juvenile court determines that the school's program meets the child's educational needs and the school agrees to the placement. A placement under this subsection does not affect the legal settlement of the child.
[Pre-1997 Recodification Citation: 31-6-4-18.5(b) part, (d) part.]
As added by P.L.1-1997, SEC.17. Amended by P.L.1-2005, SEC.205; P.L.13-2006, SEC.5; P.L.159-2007, SEC.5; P.L.146-2008, SEC.604; P.L.65-2012, SEC.6; P.L.160-2012, SEC.57; P.L.38-2020, SEC.13.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 20. Dispositional Decrees › 31-34-20-6. Emancipation of Child; Findings; Terms

Sec. 6. (a) The juvenile court for the county in which a child resides may emancipate the child under section 1(a)(5) of this chapter upon a petition brought by the child.
(b) The court in which a petition is filed under subsection (a) shall appoint an attorney to serve as guardian ad litem for the child. The guardian ad litem shall investigate the statements contained in the petition and file a report of the investigation with the court.
(c) After receiving the report of the guardian ad litem under subsection (b) and holding a hearing, the court may grant the petition if the court finds:
(1) that emancipation is in the child's best interests; and
(2) that the child:
(A) wishes to be free from parental control and protection and no longer needs that control and protection;
(B) has sufficient money for the child's own support;
(C) understands the consequences of being free from parental control and protection; and
(D) has an acceptable plan for independent living.
(d) If the juvenile court completely emancipates the child, the child has all the rights and responsibilities of an adult. If the juvenile court partially emancipates the child, the court shall specify the terms of the emancipation, which may include the following:
(1) Suspension of the parent's or guardian's duty to support the child. In this case, the judgment of emancipation supersedes the support order of a court.
(2) Suspension of the following:
(A) The parent's or guardian's right to the control or custody of the child.
(B) The parent's right to the child's earnings.
(3) Empowering the child to consent to military enlistment.
(4) Empowering the child to consent to:
(A) medical;
(B) psychological;
(C) psychiatric;
(D) educational; or
(E) social;
services.
(5) Empowering the child to contract.
(6) Empowering the child to own property.
(e) An emancipated child remains subject to the following:
(1) IC 20-33-2 concerning compulsory school attendance.
(2) The continuing jurisdiction of the court.
(3) IC 31-11-1-4 concerning minimum age for marriage.
(4) Other specific constitutional and statutory age requirements applicable to the emancipated child because of the emancipated child's age, including requirements regarding voting, use of alcoholic beverages or tobacco products, and other health and safety regulations.
[Pre-1997 Recodification Citation: 31-6-4-15.7 part.]
As added by P.L.1-1997, SEC.17. Amended by P.L.1-2005, SEC.206; P.L.85-2017, SEC.104; P.L.94-2020, SEC.12.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 20. Dispositional Decrees › 31-34-20-7. Provision of Information by Department of Child Services

Sec. 7. If the department receives information, including positive results of a drug or alcohol screen, that indicates that a parent, guardian, or custodian may have violated a dispositional order of the court, the department shall provide the information to the court to be made part of the court record in the child in need of services proceeding.
As added by P.L.105-2018, SEC.2.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 21. Review of Dispositional Decrees; Formal Review Hearings › 31-34-21-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The addition of section 7.7 of this chapter by P.L.217-2001 applies to all proceedings pending under IC 31-34 on July 1, 2001, and to all proceedings commenced under IC 31-34 after June 30, 2001.
As added by P.L.220-2011, SEC.515.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 21. Review of Dispositional Decrees; Formal Review Hearings › 31-34-21-0.2. First Periodic Case Review; Petition to Terminate Parent-Child Relationship; Conditions; Required Notice

Sec. 0.2. At a child's first periodic case review occurring after June 30, 1998, the local office is required to advise the child's parent, guardian, or custodian in writing that a petition to terminate the parent-child relationship must be filed with respect to the child after June 30, 1999, if the child has been removed from the child's parent and has been under the supervision of a local office for at least fifteen (15) months of the most recent twenty-two (22) months. However, if a child's parent, guardian, or custodian fails to appear at the first periodic case review occurring after June 30, 1998, the local office shall make reasonable efforts to send notice of the advisement to the last known address of the parent, guardian, or custodian.
As added by P.L.220-2011, SEC.516. Amended by P.L.128-2012, SEC.166.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 21. Review of Dispositional Decrees; Formal Review Hearings › 31-34-21-1. Progress Reports; Procedure for Modification of Decree

Sec. 1. (a) At any time after the date of an original dispositional decree, the juvenile court may order the department to file a report on the progress made in implementing the decree.
(b) The juvenile court shall order the department to file a report every three (3) months after the dispositional decree is entered on the progress made in implementing the decree.
(c) If, after reviewing the report, the juvenile court seeks to consider modification of the dispositional decree, the juvenile court shall proceed under IC 31-34-23.
[Pre-1997 Recodification Citation: 31-6-4-19(a) part.]
As added by P.L.1-1997, SEC.17. Amended by P.L.145-2006, SEC.313; P.L.146-2006, SEC.51.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 21. Review of Dispositional Decrees; Formal Review Hearings › 31-34-21-2. Periodic Case Review

Sec. 2. (a) The case of each child in need of services under the supervision of the department must be reviewed at least once every six (6) months, or more often, if ordered by the court.
(b) The first of these periodic case reviews must occur:
(1) at least six (6) months after the date of the child's removal from the child's parent, guardian, or custodian; or
(2) at least six (6) months after the date of the dispositional decree;
whichever comes first.
(c) Each periodic case review must be conducted by the juvenile court in a formal court hearing.
(d) The court may perform a periodic case review any time after a progress report is filed as described in section 1 of this chapter.
[Pre-1997 Recodification Citation: 31-6-4-19(b) part.]
As added by P.L.1-1997, SEC.17. Amended by P.L.35-1998, SEC.9; P.L.145-2006, SEC.314; P.L.146-2006, SEC.52; P.L.146-2008, SEC.605.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 21. Review of Dispositional Decrees; Formal Review Hearings › 31-34-21-3. Progress Report Required Before Case Review

Sec. 3. Before a case review under section 2 of this chapter, the department shall prepare a report in accordance with IC 31-34-22 on the progress made in implementing the dispositional decree.
[Pre-1997 Recodification Citation: 31-6-4-19(d) part.]
As added by P.L.1-1997, SEC.17. Amended by P.L.145-2006, SEC.315; P.L.146-2008, SEC.606.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 21. Review of Dispositional Decrees; Formal Review Hearings › 31-34-21-4.5. Petition to Request Intervention

Sec. 4.5. A:
(1) foster parent;
(2) long term foster parent;
(3) person who has been a foster parent; or
(4) person who is an unlicensed caregiver;
may petition the court to request intervention as a party to a proceeding as set forth in IC 31-32-2.5.
As added by P.L.133-2000, SEC.7. Amended by P.L.152-2003, SEC.3; P.L.145-2006, SEC.317; P.L.183-2017, SEC.51; P.L.210-2019, SEC.13; P.L.68-2022, SEC.4.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 21. Review of Dispositional Decrees; Formal Review Hearings › 31-34-21-5. Determination; Findings

Sec. 5. (a) The court shall determine:
(1) whether the child's case plan, services, and placement meet the special needs and best interests of the child;
(2) whether the department has made reasonable efforts to provide family services; and
(3) a projected date for the child's return home, the child's adoption placement, the child's emancipation, or the appointment of a legal guardian for the child under section 7.5(c)(1)(D) of this chapter.
(b) The determination of the court under subsection (a) must be based on findings written after consideration of the following:
(1) Whether the department, the child, or the child's parent, guardian, or custodian has complied with the child's case plan.
(2) Written documentation containing descriptions of:
(A) the family services that have been offered or provided to the child or the child's parent, guardian, or custodian;
(B) the dates during which the family services were offered or provided; and
(C) the outcome arising from offering or providing the family services.
(3) The extent of the efforts made by the department to offer and provide family services.
(4) The extent to which the parent, guardian, or custodian has enhanced the ability to fulfill parental obligations.
(5) The extent to which the parent, guardian, or custodian has visited the child, including the reasons for infrequent visitation.
(6) The extent to which the parent, guardian, or custodian has cooperated with the department.
(7) The child's recovery from any injuries suffered before removal.
(8) Whether any additional services are required for the child or the child's parent, guardian, or custodian and, if so, the nature of those services.
(9) The extent to which the child has been rehabilitated.
(10) If the child is placed out-of-home, whether the child is in the least restrictive, most family-like setting, and whether the child is placed close to the home of the child's parent, guardian, or custodian.
(11) The extent to which the causes for the child's out-of-home placement or supervision have been alleviated.
(12) Whether current placement or supervision by the department should be continued.
(13) The extent to which the child's parent, guardian, or custodian has participated or has been given the opportunity to participate in case planning, periodic case reviews, dispositional reviews, placement of the child, and visitation.
(14) Whether the department has made reasonable efforts to reunify or preserve a child's family unless reasonable efforts are not required under section 5.6 of this chapter.
(15) Whether it is an appropriate time to prepare or implement a permanency plan for the child under section 7.5 of this chapter.
[Pre-1997 Recodification Citation: 31-6-4-19(b) part.]
As added by P.L.1-1997, SEC.17. Amended by P.L.35-1998, SEC.11; P.L.145-2006, SEC.318; P.L.146-2008, SEC.607; P.L.156-2020, SEC.118.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 21. Review of Dispositional Decrees; Formal Review Hearings › 31-34-21-5.5. Reasonable Efforts to Preserve and Reunify Families

Sec. 5.5. (a) In determining the extent to which reasonable efforts to reunify or preserve a family are appropriate under this chapter, the child's health and safety are of paramount concern.
(b) Except as provided in section 5.6 of this chapter, the department shall make reasonable efforts to preserve and reunify families as follows:
(1) If a child has not been removed from the child's home, to prevent or eliminate the need for removing the child from the child's home.
(2) If a child has been removed from the child's home, to make it possible for the child to return safely to the child's home as soon as possible.
(c) The department may, before reunification of the child with a parent, guardian, or custodian, conduct a criminal history check (as defined in IC 31-9-2-22.5) of:
(1) the child's:
(A) parent;
(B) guardian; or
(C) custodian; or
(2) a household member of the:
(A) parent;
(B) guardian; or
(C) custodian.
(d) The department may use the results of a criminal history check conducted under subsection (c) to decide whether it is safe for the child to return home.
As added by P.L.35-1998, SEC.12. Amended by P.L.1-1999, SEC.62; P.L.145-2006, SEC.319; P.L.48-2012, SEC.64.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 21. Review of Dispositional Decrees; Formal Review Hearings › 31-34-21-5.7. Permanency Plan; Requirement; Approval; Reports and Orders Not Required

Sec. 5.7. (a) This section applies at any phase of a child in need of services proceeding whenever a court enters a finding that reasonable efforts to reunify or preserve a child's family are not required under section 5.6 of this chapter.
(b) The department shall do the following:
(1) Complete a permanency plan for the child that complies with the requirements of section 7.5 of this chapter.
(2) Seek court approval of the permanency plan under section 7 of this chapter.
(3) Refer a case to the permanency roundtable if the department places a child in a child caring institution, group home, or private secure facility.
(c) Notwithstanding any otherwise applicable requirements under IC 31-34, whenever the department seeks approval of a permanency plan for the child under subsection (b), the following reports, orders, and hearings are not required:
(1) A predispositional report to consider participation of a child's parent, guardian, or custodian in any program of care, treatment, or rehabilitation of the child.
(2) A dispositional decree under IC 31-34-19-6 and findings and conclusions under IC 31-34-19-10 that concern:
(A) participation of the child's parent, guardian, or custodian in a program for future care or treatment of the child; or
(B) reasonable efforts to prevent the child's removal from the child's home or to reunite the child with the child's parent, guardian, or custodian.
As added by P.L.35-1998, SEC.14. Amended by P.L.145-2006, SEC.320; P.L.48-2012, SEC.65.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 21. Review of Dispositional Decrees; Formal Review Hearings › 31-34-21-5.8. Certain Reasonable Efforts Required if Preservation and Reunification Inconsistent With Permanency Plan; Progress Reports, Case Reviews, and Postdispositional Hearings Not Required

Sec. 5.8. (a) This section applies only if a court has approved a permanency plan for a child under section 7(b)(5) of this chapter.
(b) If the continuation of reasonable efforts to preserve and reunify a child in need of services with the child's family is inconsistent with the child's permanency plan, the department shall make reasonable efforts to:
(1) with court approval place the child in an out-of-home placement in accordance with the permanency plan; and
(2) complete whatever steps are necessary to finalize the permanent placement of the child in a timely manner.
(c) This subsection applies whenever the child's approved permanency plan under section 7 of this chapter is placement of the child for adoption or another planned, permanent living arrangement. Periodic progress reports, case reviews, and postdispositional hearings to determine whether or the extent to which the following have occurred are not required:
(1) Whether reasonable efforts have been made to eliminate the need for removal of the child from the child's home or to make it possible for the child to safely return to the child's home.
(2) Whether the child is placed in close proximity to the home of the child's parent, guardian, or custodian.
As added by P.L.35-1998, SEC.15. Amended by P.L.145-2006, SEC.321; P.L.162-2011, SEC.51.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 21. Review of Dispositional Decrees; Formal Review Hearings › 31-34-21-6. Repealed

[Pre-1997 Recodification Citation: 31-6-4-19(b) part.]
As added by P.L.1-1997, SEC.17. Repealed by P.L.35-1998, SEC.28.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 21. Review of Dispositional Decrees; Formal Review Hearings › 31-34-21-7.3. Internet Posting of Nonidentifying Information

Sec. 7.3. (a) This section applies after:
(1) a court authorizes the filing of a petition to terminate the parent-child relationship; or
(2) a petition to terminate the parent-child relationship is filed;
in relation to a child in need of services.
(b) The department shall post the following nonidentifying information on the Internet to facilitate a potential adoptive placement of the child:
(1) The child's age, gender, and summary of the child's educational, social, and medical background, including known disabilities.
(2) The reason the child was removed from the child's home.
(3) Whether a person has expressed an interest in adopting the child.
(4) The name, address, and telephone number of a contact person from:
(A) the department;
(B) the appropriate local office; or
(C) licensed child placing agency;
where a person who may be interested in adopting the child may obtain further information about adopting the child.
(5) Whether a petition to terminate the rights of the child's parents has been authorized or filed, and whether the rights of the child's parents have been terminated.
(6) An address and telephone number of:
(A) the department;
(B) the appropriate local office; or
(C) licensed child placing agency;
where a person who may be interested in adopting the child may obtain further information about adopting the child.
(c) The information posted under subsection (b) may not identify the name of any of the following persons:
(1) The child.
(2) The child's biological or adoptive parents.
(3) A sibling of the child.
(4) A caretaker of the child.
(d) The department shall update any relevant information under this section after either of the following:
(1) Each of the child's periodic reviews that occur after the information under this section is required to be posted.
(2) The rights of the child's parents have been terminated.
(e) The department shall remove the information required under subsection (b) from the Internet whenever the child is reunited with the child's family or an adoption of the child is filed under IC 31-19-2.
(f) Upon request, the department shall inform the person making the request of the address of the Internet web site containing the information described in this section.
As added by P.L.35-1998, SEC.17. Amended by P.L.145-2006, SEC.323; P.L.128-2012, SEC.168.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 21. Review of Dispositional Decrees; Formal Review Hearings › 31-34-21-7.6. Documents Provided to Individual Leaving Foster Care

Sec. 7.6. (a) This section applies to an individual who:
(1) is leaving foster care because the individual is eighteen (18) years of age or older; and
(2) has been in foster care for at least six (6) months.
(b) Before an individual described in subsection (a) leaves foster care, the department shall provide to the individual all the following documents that are applicable to the individual:
(1) An official or certified copy of the individual's United States birth certificate.
(2) A Social Security card issued for the individual by the Social Security Administration.
(3) Insurance records.
(4) A copy of the individual's medical records.
(5) A driver's license or identification card issued by the state.
(6) Information concerning the individual's enrollment in the Medicaid program.
(7) A foster care verification form.
As added by P.L.104-2015, SEC.42. Amended by P.L.124-2017, SEC.3; P.L.243-2019, SEC.19.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 21. Review of Dispositional Decrees; Formal Review Hearings › 31-34-21-7.7. Permanency Plan; Guardianship; Requirements and Terms and Conditions in Order; Jurisdiction

Sec. 7.7. (a) If the juvenile court approves a permanency plan under section 7 of this chapter that provides for the appointment of a guardian for a child, the juvenile court may appoint a guardian of the person and administer a guardianship for the child under IC 29-3.
(b) If a guardianship of the person proceeding for the child is pending in a probate court, the probate court shall transfer the proceeding to the juvenile court.
(c) In creating a guardianship of a minor, a probate or juvenile court may include in an order the requirements and terms and conditions described in IC 29-3-8-9(a).
(d) If the juvenile court closes a child in need of services case after creating a guardianship, the juvenile court order creating the guardianship survives the closure of the child in need of services case.
(e) If the juvenile court closes the child in need of services case after creating a guardianship, the probate court may assume or reassume jurisdiction of the guardianship and take further action as necessary.
As added by P.L.217-2001, SEC.11. Amended by P.L.162-2011, SEC.52.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 21. Review of Dispositional Decrees; Formal Review Hearings › 31-34-21-8. Progress Report Required Before Formal Hearing

Sec. 8. Before a hearing under section 7 of this chapter, the department shall prepare a report in accordance with IC 31-34-22 on the progress made in implementing the dispositional decree.
[Pre-1997 Recodification Citation: 31-6-4-19(d) part.]
As added by P.L.1-1997, SEC.17. Amended by P.L.145-2006, SEC.325; P.L.146-2008, SEC.609.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 21. Review of Dispositional Decrees; Formal Review Hearings › 31-34-21-9. Repealed

[Pre-1997 Recodification Citation: 31-6-4-19(j) part.]
As added by P.L.1-1997, SEC.17. Repealed by P.L.46-2016, SEC.16.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 21. Review of Dispositional Decrees; Formal Review Hearings › 31-34-21-10. Review of Child's Legal Settlement

Sec. 10. (a) This section applies when a juvenile court reviews the implementation of a decree under this chapter or any other law concerning a child placed in a state licensed private or public health care facility, child care facility, or foster family home.
(b) The juvenile court shall review the court's findings under IC 31-34-20-5 and determine whether circumstances have changed the legal settlement of the child.
(c) If the child's legal settlement has changed, the court shall issue an order that modifies the court's findings of fact concerning the legal settlement of the child.
(d) If the court has not previously made findings of fact concerning legal settlement as provided in IC 31-34-20-5, the court shall make the appropriate findings in its order entered under this chapter.
(e) The juvenile court shall comply with the reporting requirements under IC 20-26-11-9 concerning the legal settlement of the child.
[Pre-1997 Recodification Citation: 31-6-4-18.5(c) part, (d) part.]
As added by P.L.1-1997, SEC.17. Amended by P.L.1-2005, SEC.207.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 21. Review of Dispositional Decrees; Formal Review Hearings › 31-34-21-11. Discharge of Child

Sec. 11. When the juvenile court finds that the objectives of the dispositional decree have been met, the court shall discharge the child and the child's parent, guardian, or custodian.
[Pre-1997 Recodification Citation: 31-6-4-19(g) part.]
As added by P.L.1-1997, SEC.17.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 22. Reports Required for Reviewing Dispositional Decrees › 31-34-22-1. Progress Report; Modification Report

Sec. 1. (a) Before a case review under IC 31-34-21-2 or hearing under IC 31-34-21-7, the department shall prepare a report on the progress made in implementing the dispositional decree, including the progress made in rehabilitating the child, preventing placement out-of-home, or reuniting the family.
(b) When preparing the report required by subsection (a), if the child is placed in foster care, the department shall consult the foster parent of the child about the child's progress made while in the foster parent's care. The department shall include as part of the report the information gathered from the foster parent.
(c) If modification of the dispositional decree is recommended, the department shall prepare a modification report containing the information required by IC 31-34-18 and request a formal court hearing.
(d) If the child has been removed from the child's home for less than twelve (12) months, a report described in subsection (a) must include an explanation of the department's ongoing effort to identify all adult relatives of the child and adult siblings who may be considered as out-of-home placements for the child.
[Pre-1997 Recodification Citation: 31-6-4-19(d) part.]
As added by P.L.1-1997, SEC.17. Amended by P.L.138-2007, SEC.75; P.L.146-2008, SEC.610; P.L.210-2019, SEC.15.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 22. Reports Required for Reviewing Dispositional Decrees › 31-34-22-2. Providing Copies of Reports and Factual Summaries of Reports

Sec. 2. (a) Except as provided in subsection (b), a report prepared by the state:
(1) for the juvenile court's review of the court's dispositional decree; or
(2) prepared for use at a periodic case review under IC 31-34-21-2 or hearing under IC 31-34-21-7;
shall be made available to the child, and the child's parent, foster parent, guardian, guardian ad litem, court appointed special advocate, custodian, or any other person who is entitled to receive notice of the periodic case review or permanency hearing under IC 31-34-21-4 at least forty-eight (48) hours before the hearing.
(b) If the court determines on the record that the report contains information that should not be released to any person entitled to receive a report under subsection (a), the court is not required to make the report available to the person as required in subsection (a). However, the court shall provide a copy of the report to the following:
(1) Each attorney or guardian ad litem representing the child.
(2) Each attorney representing the child's parent, guardian, or custodian.
(3) Each court appointed special advocate.
(c) The court may also provide a factual summary of the report to the child or the child's parent, foster parent, guardian, or custodian.
[Pre-1997 Recodification Citations: 31-6-4-19(e) part; 31-6-4-19.5 part; 31-6-4-19(g).]
As added by P.L.1-1997, SEC.17. Amended by P.L.129-2005, SEC.8; P.L.146-2006, SEC.53; P.L.138-2007, SEC.76; P.L.62-2018, SEC.2.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 22. Reports Required for Reviewing Dispositional Decrees › 31-34-22-3. Admissibility of Reports and Factual Summaries of Reports

Sec. 3. (a) Any report may be admitted into evidence to the extent that the report contains evidence of probative value even if the evidence would otherwise be excluded.
(b) If a report contains information that should not be released to the child or the child's parent, guardian, custodian, or any other person who is entitled to receive a report under section 2 of this chapter, 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) Any other person who is entitled to receive a report under section 2 of this chapter.
[Pre-1997 Recodification Citation: 31-6-4-19(f) part.]
As added by P.L.1-1997, SEC.17. Amended by P.L.138-2007, SEC.77.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 23. Modification of Dispositional Decrees › 31-34-23-1. Motion for Modification

Sec. 1. While the juvenile court retains jurisdiction under IC 31-30-2, the juvenile court may modify any dispositional decree:
(1) upon the juvenile court's own motion;
(2) upon the motion of:
(A) the child;
(B) the child's:
(i) parent;
(ii) guardian;
(iii) custodian;
(iv) court appointed special advocate; or
(v) guardian ad litem; or
(C) the attorney for the department; or
(3) upon the motion of any person providing services to the child or to the child's parent, guardian, or custodian under a decree of the court.
[Pre-1997 Recodification Citation: 31-6-7-16(a) part.]
As added by P.L.1-1997, SEC.17. Amended by P.L.129-2005, SEC.9; P.L.146-2008, SEC.611.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 23. Modification of Dispositional Decrees › 31-34-23-2. Repealed

[Pre-1997 Recodification Citation: 31-6-7-16(a) part.]
As added by P.L.1-1997, SEC.17. Repealed by P.L.146-2008, SEC.804.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 23. Modification of Dispositional Decrees › 31-34-23-3. Notice and Hearing Requirements; Change in Out-of-Home Placement; Temporary Order for Emergency Change of Placement

Sec. 3. (a) If the department determines that the out-of-home placement of a child is placing the child's life or health in imminent danger, the department shall either:
(1) change the placement of the child and file an emergency motion with the court; or
(2) request the court to issue a temporary order for an emergency change in the child's placement.
(b) If the department acts under subsection (a), the department shall give notice to all persons affected. The department's notice must state that the person affected may file a written objection not later than ten (10) days after service of the department's notice. If the person affected files a timely objection, the juvenile court shall hold a hearing on the question.
(c) If the motion requests any other modification, the department shall give notice to the persons affected, and the juvenile court shall hold a hearing on the question.
[Pre-1997 Recodification Citation: 31-6-7-16(b) part.]
As added by P.L.1-1997, SEC.17. Amended by P.L.146-2008, SEC.612; P.L.119-2018, SEC.1; P.L.172-2022, SEC.11.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 23. Modification of Dispositional Decrees › 31-34-23-4. Modification Report

Sec. 4. If a hearing is required, IC 31-34-18 and IC 31-34-19 apply to the preparation and use of a modification report. The report shall be prepared if the department or any person other than the child or the child's parent, guardian, guardian ad litem, court appointed special advocate, or custodian is requesting the modification. Notice of any hearing under this chapter shall be given in accordance with IC 31-34-19-1.3.
[Pre-1997 Recodification Citation: 31-6-7-16(b) part.]
As added by P.L.1-1997, SEC.17. Amended by P.L.129-2005, SEC.10; P.L.138-2007, SEC.78; P.L.146-2008, SEC.613.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 23. Modification of Dispositional Decrees › 31-34-23-5. Placement of a Child With a Previous Placement

Sec. 5. (a) If a child who was:
(1) placed in an out-of-home placement during child in need of services proceedings; and
(2) moved from the out-of-home placement to an in-home placement;
is returned to an out-of-home placement, the court and the department shall make a reasonable attempt to place the child in the out-of-home placement in which the child was placed under subdivision (1) if the out-of-home placement is appropriate under IC 31-27-4 and IC 31-34-4-2 and the placement is in the child's best interests.
(b) If a child described in subsection (a) has been placed in more than one (1) out-of-home placement before being removed from the in-home placement described in subsection (a)(2), the court and the department shall place the child in the out-of-home placement that is in the best interests of the child.
As added by P.L.210-2019, SEC.16.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 23. Modification of Dispositional Decrees › 31-34-23-6. Notice and Hearing Requirements; Change in Out-of-Home Placement

Sec. 6. (a) Except as provided in section 3 of this chapter, before changing a child's out-of-home placement, the department shall file a motion requesting a change in placement if the child:
(1) has been in the same out-of-home placement for at least one (1) year; and
(2) is in:
(A) a foster family home; or
(B) the care of a relative.
(b) The person with whom the child is placed may:
(1) indicate in writing that the person:
(A) does not intend to contest the change of placement under subsection (a); and
(B) waives the right to request a hearing under subsection (f); and
(2) provide the writing to:
(A) the department; or
(B) the court.
(c) If the department files the motion described in subsection (a), the department shall give notice to all persons affected. The department's notice must state that the person affected may file a written objection not later than ten (10) days after service of the department's notice.
(d) If a writing described in subsection (b)(1) is provided to the department before the department files the motion described in subsection (a), the department may file the writing with the motion requesting a change in placement.
(e) If the court receives the writing described in subsection (b), the court may rule on the department's motion without delay.
(f) If the person affected files a timely objection to the department's motion requesting a change in out-of-home placement, the juvenile court shall hold a hearing on the question.
(g) The department must show that the change in out-of-home placement is in the best interests of the child.
As added by P.L.172-2022, SEC.12. Amended by P.L.105-2022, SEC.46.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 23. Modification of Dispositional Decrees › 31-34-23-7. Change in Out-of-Home Placement; Consideration of Separation of Siblings

Sec. 7. If a child is placed under a dispositional decree in an out-of-home placement in a location in which a sibling of the child resides, a court shall, in considering a motion requesting a change in the child's placement, consider whether separating the child from the child's sibling is in the child's best interest.
As added by P.L.65-2023, SEC.3.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 25. No Contact Orders › 31-34-25-1. Eligible to File Petition for No Contact Order

Sec. 1. Any of the following may sign and file a petition for the juvenile court to require a person to refrain from direct or indirect contact with a child or a member of a foster family home (as defined in IC 31-9-2-46.9):
(1) The attorney for the department.
(2) The guardian ad litem or court appointed special advocate.
As added by P.L.133-2002, SEC.35. Amended by P.L.146-2008, SEC.614; P.L.65-2016, SEC.17.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 25. No Contact Orders › 31-34-25-3. Petition Requirements

Sec. 3. A petition seeking to restrain a person from contact must be entitled "In the Matter of a No Contact Order for ___________". The petition must allege the following:
(1) That the respondent is likely to have direct or indirect contact with the child in the absence of an order under this chapter.
(2) That the child has been adjudicated a child in need of services.
(3) That the best interests of the child will be served if the person refrains from direct or indirect contact with the child.
As added by P.L.133-2002, SEC.35.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 25. No Contact Orders › 31-34-25-4. Hearing; Findings

Sec. 4. (a) The court may hold a hearing on a petition concurrently with a dispositional hearing or with a hearing to modify a dispositional decree.
(b) If the court finds that the allegations under section 3 of this chapter are true, the court shall enter a decree.
As added by P.L.133-2002, SEC.35.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 25. No Contact Orders › 31-34-25-5. Protective Order Depository

Sec. 5. If a court enters a decree that requires a person to refrain from direct or indirect contact with a child, the clerk of the court shall comply with IC 5-2-9.
As added by P.L.133-2002, SEC.35.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 35. Juvenile Law: Termination of Parent-Child Relationship › Chapter 1. Voluntary Termination of Parent-Child Relationship by Parents › 31-35-1-1. Application of Chapter

Sec. 1. (a) Except as provided in subsection (b), this chapter applies to the voluntary termination of the parent-child relationship by parents.
(b) This chapter does not apply to termination of the parent-child relationship involving a safe haven infant.
[1997 Recodification Citation: New.]
As added by P.L.1-1997, SEC.18. Amended by P.L.45-2023, SEC.12.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 35. Juvenile Law: Termination of Parent-Child Relationship › Chapter 1. Voluntary Termination of Parent-Child Relationship by Parents › 31-35-1-2. Law Governing Proceedings

Sec. 2. Proceedings under this chapter are governed by the procedures prescribed by:
(1) IC 31-32-1, IC 31-32-4 through IC 31-32-10, and IC 31-32-12 through IC 31-32-15;
(2) IC 31-34; and
(3) IC 31-37;
but are distinct from proceedings under IC 31-34 and IC 31-37.
[Pre-1997 Recodification Citation: 31-6-5-1 part.]
As added by P.L.1-1997, SEC.18.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 35. Juvenile Law: Termination of Parent-Child Relationship › Chapter 1. Voluntary Termination of Parent-Child Relationship by Parents › 31-35-1-3. Jurisdiction

Sec. 3. The probate court has concurrent original jurisdiction with the juvenile court in proceedings on a petition filed under this chapter for the voluntary termination of the parent-child relationship.
[Pre-1997 Recodification Citation: 31-6-5-2(a) part.]
As added by P.L.1-1997, SEC.18.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 35. Juvenile Law: Termination of Parent-Child Relationship › Chapter 1. Voluntary Termination of Parent-Child Relationship by Parents › 31-35-1-4. Petition; Verification and Contents

Sec. 4. (a) If requested by the parents:
(1) the local office; or
(2) a licensed child placing agency;
may sign and file a verified petition with the juvenile or probate court for the voluntary termination of the parent-child relationship.
(b) The petition must:
(1) be entitled "In the Matter of the Termination of the Parent-Child Relationship of ______________, a child, and _____________, the child's parent (or parents)"; and
(2) allege that:
(A) the parents are the child's natural or adoptive parents;
(B) the parents, including the alleged or adjudicated father if the child was born out of wedlock:
(i) knowingly and voluntarily consent to the termination of the parent-child relationship; or
(ii) are not required to consent to the termination of the parent-child relationship under section 6(c) of this chapter;
(C) termination is in the child's best interest;
(D) the petitioner has developed a satisfactory plan of care and treatment for the child; and
(E) if the petitioner is a licensed child placing agency, that the termination is in furtherance of an adoption or other approved permanency plan.
(c) At the time the petitioner files the verified petition described in subsection (b) with the juvenile or probate court, the petitioner shall also file a:
(1) copy of the order approving the permanency plan under IC 31-34-21-7 for the child; or
(2) permanency plan for the child as described by IC 31-34-21-7.5.
[Pre-1997 Recodification Citation: 31-6-5-2(a) part.]
As added by P.L.1-1997, SEC.18. Amended by P.L.200-1999, SEC.25; P.L.146-2007, SEC.12; P.L.128-2012, SEC.170; P.L.42-2017, SEC.1; P.L.183-2017, SEC.53.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 35. Juvenile Law: Termination of Parent-Child Relationship › Chapter 1. Voluntary Termination of Parent-Child Relationship by Parents › 31-35-1-4.5. Putative Father's Consent to Termination Irrevocably Implied

Sec. 4.5. The putative father's consent to the termination of the parent-child relationship is irrevocably implied without further court action if the father:
(1) fails to file a paternity action under IC 31-14 or in a court located in another state that is competent to obtain jurisdiction over the paternity action, not more than thirty (30) days after receiving actual notice under IC 31-19-3 of the mother's intent to proceed with an adoptive placement of the child, regardless of whether:
(A) the child is born before or after the expiration of the thirty (30) day period; or
(B) a petition for adoption or for the termination of the parent-child relationship is filed; or
(2) files a paternity action:
(A) under IC 31-14; or
(B) in a court located in another state that is competent to obtain jurisdiction over the paternity action;
during the thirty (30) day period prescribed by subdivision (1) and fails to establish paternity in the paternity proceeding within a reasonable period determined under IC 31-14-21-9 through IC 31-14-21-9.2 or the laws applicable to a court of another state when the court obtains jurisdiction over the paternity action.
As added by P.L.200-1999, SEC.26. Amended by P.L.1-2010, SEC.126.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 35. Juvenile Law: Termination of Parent-Child Relationship › Chapter 1. Voluntary Termination of Parent-Child Relationship by Parents › 31-35-1-5. Notice of Hearing; Waiver

Sec. 5. (a) Except as provided in subsection (b), the parents shall be notified of the hearing in accordance with IC 31-32-9.
(b) A parent who has made a valid consent to the termination of a parent-child relationship may waive the notice required by subsection (a) if the waiver:
(1) is in writing either:
(A) in the parent's consent to terminate the parent-child relationship; or
(B) in a separate document;
(2) is signed by the parent in the presence of a notary public; and
(3) contains an acknowledgment that:
(A) the waiver is irrevocable; and
(B) the parent will not receive notice of:
(i) adoption; or
(ii) termination of parent-child relationship;
proceedings.
[Pre-1997 Recodification Citation: 31-6-5-2(b).]
As added by P.L.1-1997, SEC.18. Amended by P.L.146-2007, SEC.13.