2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 37. Juvenile Law: Delinquency › Chapter 22. Modification of Dispositional Decrees › 31-37-22-4.5. Placement of Delinquent Child in Out-of-Home Residence or Facility; Case Plan

Sec. 4.5. (a) This section applies to a delinquent child if the child is placed in an out-of-home residence or facility that is not a secure detention facility.
(b) The probation department, after negotiating with:
(1) the child's parent, guardian, or custodian; and
(2) any child representatives selected by the child and approved by the child's probation officer under IC 31-37-19-1.7;
shall complete the child's case plan not later than sixty (60) days after the date of the child's first placement that the probation department requests to be paid for by the department.
(c) A copy of the completed case plan shall be sent, not later than ten (10) days after the date of the completion of the plan, to:
(1) the department;
(2) the child's parent, guardian, or custodian;
(3) the child, if the child is at least fourteen (14) years of age;
(4) any child representatives selected by the child and approved by the child's probation officer under IC 31-37-19-1.7; and
(5) any agency having the legal responsibility or authorization to care for, treat, or supervise the child.
(d) A child's case plan must be in a form prescribed by the department that meets the specifications set by 45 CFR 1356.21, as amended. The case plan must include a description and discussion of the following:
(1) A permanency plan for the child and an estimated date for achieving the goal of the plan. However, a child who is less than sixteen (16) years of age may not have another planned, permanent living arrangement as the child's permanency plan.
(2) The appropriate placement for the child based on the child's special needs and best interests.
(3) The least restrictive family like setting that is close to the home of the child's parent, custodian, or guardian if out-of-home placement is implemented or recommended, including consideration of possible placement with any suitable and willing relative, before considering other out-of-home placements for the child.
(4) Family services recommended for the child, parent, guardian, or custodian.
(5) Efforts already made to provide family services to the child, parent, guardian, or custodian.
(6) Efforts that will be made to provide family services that are ordered by the court.
(7) A plan for ensuring the educational stability of the child while in foster care that includes assurances that the:
(A) placement of the child in foster care considers the appropriateness of the current educational setting of the child and the proximity to the school where the child presently is enrolled; and
(B) department has coordinated with local educational agencies to ensure:
(i) the child remains in the school where the child is enrolled at the time of removal; or
(ii) immediate and appropriate enrollment of the child in a different school, including arrangements for the transfer of the child's school records to the new school, if remaining in the same school is not in the best interests of the child.
(8) Any age appropriate activities that the child is interested in pursuing.
(9) If the case plan is for a child in foster care who is at least fourteen (14) years of age, the following:
(A) A document that describes the rights of the child with respect to:
(i) education, health, visitation, and court participation;
(ii) the right to be provided with the child's medical documents and other medical information; and
(iii) the right to stay safe and avoid exploitation.
(B) A signed acknowledgment by the child that the:
(i) child has been provided with a copy of the document described in clause (A); and
(ii) rights contained in the document have been explained to the individual in an age appropriate manner.
(e) The probation department and each caretaker of a child shall cooperate in the development of the case plan for the child. The probation department shall discuss with at least one (1) foster parent or other caretaker of a child the role of the substitute caretaker or facility regarding the following:
(1) Rehabilitation of the child and the child's parents, guardians, and custodians.
(2) Visitation arrangements.
(3) Services required to meet the special needs of the child.
(f) The case plan must be reviewed and updated by the probation department at least once every one hundred eighty (180) days.
As added by P.L.131-2009, SEC.72. Amended by P.L.123-2014, SEC.29; P.L.104-2015, SEC.48.