reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 12. Findings, Presumptions, and Evidence › 31-34-12-6. Admissibility of Privileged Communications

Sec. 6. Neither:
(1) the physician-patient privilege; nor
(2) the husband-wife privilege;
is grounds for excluding evidence in a proceeding in which the child is alleged to be a child in need of services.
[Pre-1997 Recodification Citation: 31-6-7-13(d).]
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 12. Findings, Presumptions, and Evidence › 31-34-12-7. Failure to Submit to Drug or Alcohol Test

Sec. 7. (a) For purposes of an assessment by the department, if:
(1) a parent, guardian, or custodian had care, custody, and control of the child immediately before the child died;
(2) a law enforcement officer or an employee of the department had probable cause to believe the parent, guardian, or custodian was impaired, intoxicated, or under the influence of drugs or alcohol immediately before or at the time of the child's death;
(3) a law enforcement officer or an employee of the department requests, not later than three (3) hours after the death of the child, the parent, guardian, or custodian to submit to a drug or alcohol screen test; and
(4) the parent, guardian, or custodian did not submit to a drug or alcohol screen test within three (3) hours after the request by a law enforcement officer or an employee of the department;
the failure to submit to the drug or alcohol test may be used to determine that the parent, guardian, or custodian was intoxicated or under the influence of alcohol or drugs at the time of the child's death for the purpose of the determination required under IC 31-33-8-12.
(b) Evidence from a drug or alcohol screen test administered under this section is not admissible as evidence in a criminal proceeding.
As added by P.L.131-2009, SEC.63.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 12. Findings, Presumptions, and Evidence › 31-34-12-8. Evidence of Financial Inability to Supply Food, Clothing, or Shelter

Sec. 8. A court may find that a child is not a child in need of services under IC 31-34-1-1 if the court finds, based on credible evidence presented by the child's parent, guardian, or custodian, that the parent, guardian, or custodian:
(1) is financially unable to supply the child with necessary food, clothing, or shelter; and
(2) has not failed, refused, or demonstrated an inability to seek financial or other reasonable means to do so.
As added by P.L.210-2019, SEC.8.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 12. Findings, Presumptions, and Evidence › 31-34-12-9. Rebuttable Presumption to Prohibit in Person Contact With Child

Sec. 9. If:
(1) a child is the subject of a petition alleging that the child is a child in need of services; and
(2) a parent of the child has been convicted of committing:
(A) aggravated battery (IC 35-42-2-1.5);
(B) strangulation (IC 35-42-2-9); or
(C) neglect of a dependent under IC 35-46-1-4(b)(2) or IC 35-46-1-4(b)(3);
against the child;
there is a rebuttable presumption that it is in the child's best interests to prohibit the parent from having in person contact with the child until a dispositional decree is entered or the petition is dismissed.
As added by P.L.244-2023, SEC.10.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 13. Child Videotape Testimony in Child in Need of Services Proceedings › 31-34-13-1. Application of Chapter

Sec. 1. This chapter applies to:
(1) an action initiated to determine if a child is a child in need of services under:
(A) IC 31-34-1-1 through IC 31-34-1-6;
(B) IC 31-34-1-10; or
(C) IC 31-34-1-11; and
(2) an administrative hearing conducted under IC 31-33-26-9 or IC 31-27-4-23.
[Pre-1997 Recodification Citation: 31-6-15-1 part.]
As added by P.L.1-1997, SEC.17. Amended by P.L.48-2012, SEC.61; P.L.183-2017, SEC.44; P.L.86-2018, SEC.221.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 13. Child Videotape Testimony in Child in Need of Services Proceedings › 31-34-13-2. Admissibility of Statements or Videotapes

Sec. 2. A statement or videotape that:
(1) is made by a child who at the time of the statement or videotape:
(A) is less than fourteen (14) years of age; or
(B) is at least fourteen (14) years of age but less than eighteen (18) years of age and has a disability attributable to an impairment of general intellectual functioning or adaptive behavior that:
(i) is likely to continue indefinitely;
(ii) constitutes a substantial disability to the child's ability to function normally in society; and
(iii) reflects the child's need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services that are of lifelong or extended duration and are individually planned and coordinated;
(2) concerns an act that is a material element in determining whether a child is a child in need of services; and
(3) is not otherwise admissible in evidence under statute or court rule;
is admissible in evidence in an action described in section 1 of this chapter if the requirements of section 3 of this chapter are met.
[Pre-1997 Recodification Citation: 31-6-15-2 part.]
As added by P.L.1-1997, SEC.17. Amended by P.L.1-2009, SEC.160.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 13. Child Videotape Testimony in Child in Need of Services Proceedings › 31-34-13-3. Requirements for Admissibility of Statements or Videotapes

Sec. 3. A statement or videotape described in section 2 of this chapter is admissible in evidence in an action to determine whether a child or a whole or half blood sibling of the child is a child in need of services if, after notice to the parties of a hearing and of their right to be present:
(1) the court finds that the time, content, and circumstances of the statement or videotape and any other evidence provide sufficient indications of reliability; and
(2) the child:
(A) testifies at the proceeding to determine whether the child or a whole or half blood sibling of the child is a child in need of services;
(B) was available for face-to-face cross-examination when the statement or videotape was made; or
(C) is found by the court to be unavailable as a witness because:
(i) a psychiatrist, physician, or psychologist has certified that the child's participation in the proceeding creates a substantial likelihood of emotional or mental harm to the child;
(ii) a physician has certified that the child cannot participate in the proceeding for medical reasons; or
(iii) the court has determined that the child is incapable of understanding the nature and obligation of an oath.
[Pre-1997 Recodification Citation: 31-6-15-3 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 13. Child Videotape Testimony in Child in Need of Services Proceedings › 31-34-13-4. Informing Parties of Intention to Introduce and Contents of Statements and Videotapes

Sec. 4. A statement or videotape may not be admitted in evidence under this chapter unless the attorney for the department informs the parties of:
(1) an intention to introduce the statement or videotape in evidence; and
(2) the content of the statement or videotape;
at least seven (7) days before the proceedings to give the parties a fair opportunity to prepare a response to the statement or videotape before the proceeding.
[Pre-1997 Recodification Citation: 31-6-15-5 part.]
As added by P.L.1-1997, SEC.17. Amended by P.L.145-2006, SEC.296; P.L.146-2008, SEC.589.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 14. Child Testimony by Closed Circuit Television in Child in Need of Services Proceedings › 31-34-14-1. Application of Chapter

Sec. 1. This chapter applies to an action to determine whether a child is a child in need of services under:
(1) IC 31-34-1-1 through IC 31-34-1-6;
(2) IC 31-34-1-10; or
(3) IC 31-34-1-11.
[Pre-1997 Recodification Citation: 31-6-16-1 part.]
As added by P.L.1-1997, SEC.17. Amended by P.L.183-2017, SEC.45; P.L.86-2018, SEC.222.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 14. Child Testimony by Closed Circuit Television in Child in Need of Services Proceedings › 31-34-14-2. Court Order for Use of Closed Circuit Television

Sec. 2. On the motion of the attorney for the department, the court may order that:
(1) the testimony of a child be taken in a room other than the courtroom and be transmitted to the courtroom by closed circuit television; and
(2) the questioning of the child by the parties be transmitted to the child by closed circuit television.
[Pre-1997 Recodification Citation: 31-6-16-2 part.]
As added by P.L.1-1997, SEC.17. Amended by P.L.145-2006, SEC.297; P.L.146-2008, SEC.590.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 14. Child Testimony by Closed Circuit Television in Child in Need of Services Proceedings › 31-34-14-3. Court Order for Use of Videotapes

Sec. 3. On the motion of the attorney for the department, the court may order that the testimony of a child be videotaped for use at proceedings to determine whether a child or a whole or half blood sibling of the child is a child in need of services.
[Pre-1997 Recodification Citation: 31-6-16-3 part.]
As added by P.L.1-1997, SEC.17. Amended by P.L.145-2006, SEC.298; P.L.146-2008, SEC.591.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 14. Child Testimony by Closed Circuit Television in Child in Need of Services Proceedings › 31-34-14-4. Children May Testify Outside Court Proceeding; Informing Parties of Intention to Testify

Sec. 4. The court may not make an order under section 2 or 3 of this chapter unless:
(1) the testimony to be taken is the testimony of a child who at the time of the trial is:
(A) less than fourteen (14) years of age; or
(B) at least fourteen (14) years of age but less than eighteen (18) years of age and has a disability attributable to an impairment of general intellectual functioning or adaptive behavior that:
(i) is likely to continue indefinitely;
(ii) constitutes a substantial impairment of the child's ability to function normally in society; and
(iii) reflects the child's need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services that are of lifelong or extended duration and are individually planned and coordinated; and
(C) found by the court to be a child who should be permitted to testify outside the courtroom because:
(i) a psychiatrist, physician, or psychologist has certified that the child's testifying in the courtroom creates a substantial likelihood of emotional or mental harm to the child;
(ii) a physician has certified that the child cannot be present in the courtroom for medical reasons; or
(iii) evidence has been introduced concerning the effect of the child's testifying in the courtroom and the court finds that it is more likely than not that the child's testifying in the courtroom creates a substantial likelihood of emotional or mental harm to the child;
(2) the attorney for the department has informed the parties and their attorneys by written notice of the intention to have the child testify outside the courtroom; and
(3) the attorney for the department informed the parties and their attorneys under subdivision (2) at least seven (7) days before the proceedings to give the parties and their attorneys a fair opportunity to prepare a response before the proceedings to the motion of the attorney for the department to permit the child to testify outside the courtroom.
[Pre-1997 Recodification Citation: 31-6-16-4 part.]
As added by P.L.1-1997, SEC.17. Amended by P.L.145-2006, SEC.299; P.L.146-2008, SEC.592.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 14. Child Testimony by Closed Circuit Television in Child in Need of Services Proceedings › 31-34-14-5. Persons Who May Be Present During Child's Testimony; Closed Circuit Television

Sec. 5. If the court makes an order under section 2 of this chapter, only the following persons may be in the same room as the child during the child's testimony:
(1) Persons necessary to operate the closed circuit television equipment.
(2) Persons whose presence the court finds will contribute to the child's well-being.
(3) A court bailiff or court representative.
[Pre-1997 Recodification Citation: 31-6-16-5 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 14. Child Testimony by Closed Circuit Television in Child in Need of Services Proceedings › 31-34-14-6. Persons Who May Be Present During Child's Testimony; Videotapes

Sec. 6. If the court makes an order under section 3 of this chapter, only the following persons may be in the same room as the child during the child's videotaped testimony:
(1) The judge.
(2) The attorney for the department.
(3) The attorney for each party.
(4) Persons necessary to operate the electronic equipment.
(5) The court reporter.
(6) Persons whose presence the court finds will contribute to the child's well-being.
(7) The parties, who can observe and hear the testimony of the child without the child being able to observe or hear the parties. However, if a party is not represented by an attorney, the party may question the child.
[Pre-1997 Recodification Citation: 31-6-16-6 part.]
As added by P.L.1-1997, SEC.17. Amended by P.L.145-2006, SEC.300; P.L.146-2008, SEC.593.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 14. Child Testimony by Closed Circuit Television in Child in Need of Services Proceedings › 31-34-14-7. Persons Who May Question Child

Sec. 7. If the court makes an order under section 2 or 3 of this chapter, only the following persons may question the child:
(1) The attorney for the department.
(2) The attorneys for the parties.
(3) The judge.
[Pre-1997 Recodification Citation: 31-6-16-7 part.]
As added by P.L.1-1997, SEC.17. Amended by P.L.145-2006, SEC.301; P.L.146-2008, SEC.594.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 15. Case Plan › 31-34-15-1. Requirement of Case Plan

Sec. 1. In accordance with federal law, a case plan is required for each child in need of services who is under the supervision of the county as a result of:
(1) out-of-home placement; or
(2) issuance of a dispositional decree under IC 31-34-20.
[Pre-1997 Recodification Citation: 31-6-4-6.6(a).]
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 15. Case Plan › 31-34-15-2. Time for Completion

Sec. 2. The department, after negotiating with:
(1) the child's parent, guardian, or custodian;
(2) the child, if the child is at least fourteen (14) years of age; and
(3) any child representatives selected by the child under section 7 of this chapter;
shall complete a child's case plan not later than sixty (60) days after the date of the child's first placement or the date of a dispositional decree, whichever occurs first.
[Pre-1997 Recodification Citation: 31-6-4-6.6(b) part.]
As added by P.L.1-1997, SEC.17. Amended by P.L.145-2006, SEC.302; P.L.104-2015, SEC.35.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 15. Case Plan › 31-34-15-3. Provision of Copy of Completed Case Plan

Sec. 3. A copy of the completed case plan shall be sent, not later than ten (10) days after the plan's completion, to:
(1) the child's parent, guardian, or custodian;
(2) the child, if the child is at least fourteen (14) years of age;
(3) any child representatives selected by the child under section 7 of this chapter; and
(4) any agency having the legal responsibility or authorization to care for, treat, or supervise the child.
[Pre-1997 Recodification Citation: 31-6-4-6.6(b) part.]
As added by P.L.1-1997, SEC.17. Amended by P.L.146-2008, SEC.595; P.L.104-2015, SEC.36.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 15. Case Plan › 31-34-15-5. Cooperation in Development of Plan

Sec. 5. Each foster parent of a child and the department shall cooperate in the development of the case plan for the child. The department shall discuss with at least one (1) foster parent of a child the foster parent's role 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.
[Pre-1997 Recodification Citation: 31-6-4-6.6(d).]
As added by P.L.1-1997, SEC.17. Amended by P.L.145-2006, SEC.304.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 15. Case Plan › 31-34-15-6. Filing of Paternity Action by Local Prosecuting Attorney's Office

Sec. 6. (a) This section applies whenever a child who was born out of wedlock is:
(1) or is alleged to be a child in need of services; and
(2) under the supervision of the department or a local office as a result of a court ordered out-of-home placement.
(b) The department or the local office may refer a child's case to the local prosecuting attorney's office for the filing of a paternity action if the:
(1) identity of the alleged father is known; and
(2) department or the local office reasonably believes that establishing the paternity of the child would be beneficial to the child.
The local prosecuting attorney's office shall file a paternity action regarding each case that is referred under this subsection.
As added by P.L.103-1997, SEC.5. Amended by P.L.145-2006, SEC.305; P.L.128-2012, SEC.162; P.L.150-2018, SEC.21.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 15. Case Plan › 31-34-15-7. Consult With Child; Selection of Child Representatives; Adviser

Sec. 7. (a) For a child who is at least fourteen (14) years of age, the department shall consult with the child in the development of the child's case plan or transitional services plan. If the department 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 department 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 department 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; and
(2) may not be a foster parent of or caseworker for the child.
(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 department may reject an individual selected by a child to be a member of the case planning team at any time if the department 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.38.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 16. Repealed

[Pre-1997 Recodification Citations:
31-34-16-1formerly 31-6-4-17(a) part31-34-16-2formerly 31-6-4-17(a) part31-34-16-3formerly 31-6-4-17(b) part31-34-16-4formerly 31-6-4-17(d) part.]
Repealed by P.L.172-2022, SEC.8.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 17. Repealed

[Pre-1997 Recodification Citations:
31-34-17-1formerly 31-6-4-17(a) part31-34-17-2formerly 31-6-4-17(a) part31-34-17-3formerly 31-6-4-17(c) part31-34-17-4formerly 31-6-4-17(d) part31-34-17-5formerly 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 34. Juvenile Law: Children in Need of Services › Chapter 18. Predispositional Report › 31-34-18-1. Predispositional Report; Recommendation of Care, Treatment, or Rehabilitation of Child; Alternative Reports

Sec. 1. (a) Upon finding that a child is a child in need of services, the juvenile court shall order the department or a caseworker to prepare a predispositional report that contains a:
(1) statement of the needs of the child for care, treatment, rehabilitation, or placement; and
(2) recommendation for the care, treatment, rehabilitation, or placement of the child.
(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.
[Pre-1997 Recodification Citation: 31-6-4-15(a) part.]
As added by P.L.1-1997, SEC.17. Amended by P.L.55-1997, SEC.14; P.L.146-2008, SEC.597.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 18. Predispositional Report › 31-34-18-1.1. 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 child in need of services.
(b) A conference held under this section 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.15. Amended by P.L.145-2006, SEC.307; P.L.117-2015, SEC.40.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 18. Predispositional Report › 31-34-18-1.2. Mandatory Attendance of Child's School Representative at Conference

Sec. 1.2. If a child in need of services is known to be eligible for special education services or placement under IC 20-35 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.16. Amended by P.L.1-2005, SEC.204.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 18. Predispositional Report › 31-34-18-1.3. Reports by Meeting Participants

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.
As added by P.L.55-1997, SEC.17.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 18. Predispositional Report › 31-34-18-2. Predispositional Report; 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 the department or caseworker believes that an out-of-home placement would be appropriate for a child in need of services, the department or caseworker shall:
(1) exercise due diligence to identify all adult relatives of the child and adult siblings; and
(2) consider whether the child should be placed with the child's suitable and willing blood or adoptive relative caretaker, including a grandparent, an aunt, an uncle, or an adult sibling, 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.17. Amended by P.L.146-2008, SEC.598; P.L.210-2019, SEC.9.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 18. Predispositional Report › 31-34-18-3. Financial Reports

Sec. 3. The department or caseworker shall also prepare a financial report on the parent or the estate of the child to assist the juvenile court in determining the person's financial responsibility 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.17. Amended by P.L.146-2008, SEC.599.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 18. Predispositional Report › 31-34-18-4. Recommendation on Care, Treatment, Rehabilitation, or Placement

Sec. 4. If consistent with the safety and best interest of the child and the community, the person preparing the report shall recommend care, treatment, rehabilitation, or placement 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(d) part.]
As added by P.L.1-1997, SEC.17. Amended by P.L.55-1997, SEC.18.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 18. Predispositional Report › 31-34-18-5. Examinations

Sec. 5. The juvenile court may do the following:
(1) Authorize any 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.17.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 18. Predispositional Report › 31-34-18-6. Disclosure

Sec. 6. (a) Predispositional reports shall be made available at least forty-eight (48) hours 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.17. Amended by P.L.197-1997, SEC.27; P.L.62-2018, SEC.1.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 18. Predispositional Report › 31-34-18-6.1. Predispositional Report; Contents

Sec. 6.1. (a) The predispositional report prepared by the department or caseworker must include the following information:
(1) A description of all dispositional options considered in preparing the report.
(2) 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.
(3) A description of the due diligence efforts that the department has made to identify all adult relatives of the child.
(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 report and recommendations of the dual status assessment team if the child is a dual status child under IC 31-41.
(b) If the department or caseworker is considering an out-of-home placement, including placement with a blood or an adoptive relative caretaker, the department or caseworker shall 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) The department or caseworker is not required to conduct a criminal history check under this section if:
(1) the department or caseworker 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.19. Amended by P.L.70-2004, SEC.19; P.L.234-2005, SEC.181; P.L.145-2006, SEC.308; P.L.146-2008, SEC.600; P.L.66-2015, SEC.6; P.L.210-2019, SEC.10.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 19. Dispositional Hearing › 31-34-19-1. Dispositional Hearing; Issues for Consideration

Sec. 1. (a) The juvenile court shall complete a dispositional hearing not more than thirty (30) days after the date the court finds that a child is a child in need of services 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.
(4) The recommendations and report of a dual status assessment team if the child is a dual status child.
(b) If the dispositional hearing is not completed in the time set forth in subsection (a), upon a filing of a motion with the court, the court shall dismiss the case without prejudice.
[Pre-1997 Recodification Citation: 31-6-4-15.3(a) part.]
As added by P.L.1-1997, SEC.17. Amended by P.L.55-1997, SEC.20; P.L.146-2006, SEC.48; P.L.48-2012, SEC.62; P.L.66-2015, SEC.7.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 19. Dispositional Hearing › 31-34-19-1.1. Mandatory Attendance at Predispositional Hearing by Report Preparer

Sec. 1.1. At a dispositional hearing under this chapter, the person that prepared the predispositional report:
(1) must be present, if possible; and
(2) if present, shall provide testimony when requested to explain how the individuals participating in the conference described in IC 31-34-18:
(A) examined the available options; and
(B) recommended the options that most closely coincide with the guidelines provided in IC 31-34-18-4.
As added by P.L.55-1997, SEC.21.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 19. Dispositional Hearing › 31-34-19-1.3. Notice of Disposition of Hearing; Duties of Court

Sec. 1.3. (a) The department 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 31-34-10-2; 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 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.72.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 19. Dispositional Hearing › 31-34-19-2. Admissibility of Reports

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:
(1) child;
(2) child's parent, guardian, or custodian;
(3) person representing the interests of the state; and
(4) foster parent or other caretaker who is entitled to notice of the dispositional hearing under section 1.3 of this chapter;
shall be given a fair opportunity to controvert any part of the report admitted into evidence.
[Pre-1997 Recodification Citation: 31-6-4-15.3(b) part.]
As added by P.L.1-1997, SEC.17. Amended by P.L.138-2007, SEC.73.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 19. Dispositional Hearing › 31-34-19-3. 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.17. Amended by P.L.99-2007, SEC.196.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 19. Dispositional Hearing › 31-34-19-4. Discharge of Child; Continuance of Proceeding; No Release of Local Office or the Department of Child Services 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 a local office or the department, the juvenile court may not release the local office from the obligations of the local office or 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.17. Amended by P.L.145-2006, SEC.309; P.L.128-2012, SEC.163.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 19. Dispositional Hearing › 31-34-19-5. Release of Local Office or the Department of Child Services From Obligations to Child Placed in State Institution

Sec. 5. If the court authorizes a child who is under the custody or supervision of a local office or 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 local office or the department to the child until 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.17. Amended by P.L.145-2006, SEC.310; P.L.128-2012, SEC.164.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 19. Dispositional Hearing › 31-34-19-6. Dispositional Decree; Considerations

Sec. 6. (a) 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;
(5) provides a reasonable opportunity for participation by the child's parent, guardian, or custodian; and
(6) provides a reasonable opportunity for the child's parent who:
(A) is incarcerated; and
(B) has maintained a meaningful role in the child's life;
to maintain a relationship with the child.
(b) In determining whether reunification of a child with a parent, guardian, or custodian from whom the child has been removed is in the child's best interest, a court shall do the following:
(1) The court shall determine whether reunifying the child with the parent, guardian, or custodian will result in separation of the child from a sibling of the child.
(2) If the court determines under subdivision (1) that reunifying the child with the parent, guardian, or custodian will result in separation of the child from a sibling of the child, the court shall consider whether separating the child from the child's sibling is in the child's best interest.
[Pre-1997 Recodification Citation: 31-6-4-15.3(e) part.]
As added by P.L.1-1997, SEC.17. Amended by P.L.55-1997, SEC.22; P.L.258-2019, SEC.2; P.L.65-2023, SEC.2.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 19. Dispositional Hearing › 31-34-19-7. Placement of Child; Relative; Evaluation; Background Checks

Sec. 7. (a) In addition to the factors under section 6 of this chapter, if the court enters a dispositional decree regarding a child in need of services that includes an out-of-home placement, the court shall:
(1) order the department to continue exercising due diligence to identify all adult relatives of the child and adult siblings who may be considered as out-of-home placements for the child until the child has been in an out-of-home placement for at least twelve (12) months; and
(2) consider whether the child should be placed with the child's suitable and willing relative before considering other out-of-home placements for the child.
(b) A juvenile court shall consider placing a child described in subsection (a) with a relative related by blood, marriage, or adoption before considering any other placement of the child.
(c) Before a child is placed with a relative or de facto custodian, a home evaluation and background checks described in IC 31-34-4-2 are required.
[Pre-1997 Recodification Citation: 31-6-4-15.3(f).]
As added by P.L.1-1997, SEC.17. Amended by P.L.70-2004, SEC.20; P.L.234-2005, SEC.182; P.L.123-2014, SEC.23; P.L.210-2019, SEC.11.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 19. Dispositional Hearing › 31-34-19-8. Provision of Copies of Dispositional Report

Sec. 8. 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.17.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 19. Dispositional Hearing › 31-34-19-9. Advisement of Modification Procedures

Sec. 9. The juvenile court shall advise the child and the child's parent, guardian, or custodian of the procedures under IC 31-34-23.
[Pre-1997 Recodification Citation: 31-6-4-15.3(h) 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 19. Dispositional Hearing › 31-34-19-10. Findings and Conclusions

Sec. 10. (a) The juvenile court shall accompany the court's dispositional decree with written findings and conclusions upon the record concerning the following:
(1) The needs of the child for care, treatment, rehabilitation, or placement.
(2) The need for participation by the parent, guardian, or custodian in the plan of care for the child.
(3) Efforts made, if the child is a child in need of services, to:
(A) prevent the child's removal from; or
(B) reunite the child with;
the child's parent, guardian, or custodian in accordance with federal law.
(4) Family services that were offered and provided to:
(A) a child in need of services; or
(B) the child's parent, guardian, or custodian;
in accordance with federal law.
(5) The court's reasons for the disposition.
(6) Whether the child is a dual status child under IC 31-41.
(b) The juvenile court may incorporate a finding or conclusion from a predispositional report as a written finding or conclusion upon the record in the court's dispositional decree.
[Pre-1997 Recodification Citation: 31-6-4-15.3(i) part.]
As added by P.L.1-1997, SEC.17. Amended by P.L.55-1997, SEC.23; P.L.146-2006, SEC.49; P.L.66-2015, SEC.8.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 20. Dispositional Decrees › 31-34-20-1. Entry of Dispositional Decree; Placement in Home or Facility Outside Indiana; Findings and Conclusions

Sec. 1. (a) Subject to this section and section 1.5 of this chapter, if a child is a child in need of services, the juvenile court may enter one (1) or more of the following dispositional decrees:
(1) Order supervision of the child by the 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 authorize the department to place the child in another home, 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 of the child to the department for supervision, care, and placement.
(5) Partially or completely emancipate the child under section 6 of this chapter.
(6) Order the child's parent, guardian, or custodian to complete services recommended by the department and approved by the court under IC 31-34-18 and IC 31-34-19, which may include services described in section 3(a) of this chapter.
(7) Order a person who is a party to refrain from direct or indirect contact with the child.
(8) Order a perpetrator of child abuse or neglect to refrain from returning to the child's residence.
(b) A juvenile court may not place a child in a home or facility 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 juvenile 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 greater than fifty (50) miles from the county of residence of 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 the department; and
(2) is the first juvenile court order in the child in need of services 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 31-34-5-3(b) and IC 31-34-5-3(c).
[Pre-1997 Recodification Citation: 31-6-4-15.4(a) part.]
As added by P.L.1-1997, SEC.17. Amended by P.L.70-2004, SEC.21; P.L.145-2006, SEC.311; P.L.146-2006, SEC.50; P.L.52-2007, SEC.10; P.L.146-2008, SEC.602; P.L.104-2015, SEC.39; P.L.46-2016, SEC.14; P.L.183-2017, SEC.48; P.L.172-2022, SEC.9.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 20. Dispositional Decrees › 31-34-20-2. Dispositional Decree That Includes 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.17. Amended by P.L.133-2002, SEC.34; P.L.85-2017, SEC.103; P.L.156-2020, SEC.117.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 20. Dispositional Decrees › 31-34-20-3. Order for Participation by Parent, Guardian, or Custodian in Program of Care, Treatment, or Rehabilitation for Child; Failure to Participate

Sec. 3. (a) If the juvenile court determines that a parent, guardian, or custodian should participate in a program of care, treatment, or rehabilitation for the child, the court may order the parent, guardian, or custodian to do the following:
(1) Obtain assistance in fulfilling the obligations as a parent, guardian, or custodian.
(2) Provide specified care, treatment, or supervision for the child.
(3) Work with a person providing care, treatment, or rehabilitation for the child.
(4) Participate in a program operated by or through the department of correction.
(5) Participate in a mental health or addiction treatment program.
(b) If a dispositional decree requires a parent to participate in a program of care, treatment, or rehabilitation described in subsection (a), the juvenile court shall advise the parent that failure to participate as required by an order under this chapter, or a modified order under IC 31-34-23, can lead to the termination of the parent-child relationship under IC 31-35.
[Pre-1997 Recodification Citation: 31-6-4-15.8 part.]
As added by P.L.1-1997, SEC.17. Amended by P.L.183-2017, SEC.50; P.L.172-2022, SEC.10.