2006 Indiana Code - CHAPTER 19. DISPOSITIONAL HEARING
IC 31-34-19Chapter 19. Dispositional Hearing
IC 31-34-19-1
Dispositional hearing; issues for consideration
31-34-19-1 Sec. 1. 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.
As added by P.L.1-1997, SEC.17. Amended by P.L.55-1997, SEC.20;
P.L.146-2006, SEC.48.
IC 31-34-19-1.1
Mandatory attendance at predispositional hearing by report
preparer
31-34-19-1.1 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.
IC 31-34-19-2
Admissibility of reports
31-34-19-2 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; and
(3) person representing the interests of the state;
shall be given a fair opportunity to controvert any part of the report
admitted into evidence.
As added by P.L.1-1997, SEC.17.
IC 31-34-19-3
Civil commitment of mentally ill child
31-34-19-3 Sec. 3. If it appears to the juvenile court that a child
is mentally ill, 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.
As added by P.L.1-1997, SEC.17.
IC 31-34-19-4
Discharge of child; continuance of proceeding; no release of
county office of family and children or the department of child
services from obligations to child
31-34-19-4 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 county office or the department, the
juvenile court may not release the county office from the obligations
of the county office or the department to the child pending the
outcome of the proceeding under IC 12-26.
As added by P.L.1-1997, SEC.17. Amended by P.L.145-2006,
SEC.309.
IC 31-34-19-5
Release of county office of family and children or the department
of child services from obligations to child placed in state
institution for voluntary treatment
31-34-19-5 Sec. 5. If the court authorizes a child who is under the
custody or supervision of a county 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 county office or the
department to the child until a parent, guardian, or other responsible
person approved by the court assumes the obligations.
As added by P.L.1-1997, SEC.17. Amended by P.L.145-2006,
SEC.310.
IC 31-34-19-6
Dispositional decree; factors
31-34-19-6 Sec. 6. If consistent with the safety of the community
and the best interest of the child, the juvenile court shall enter a
dispositional decree that:
(1) is:
(A) in the least restrictive (most family like) and most
appropriate setting available; and
(B) close to the parents' home, consistent with the best
interest and special needs of the child;
(2) least interferes with family autonomy;
(3) is least disruptive of family life;
(4) imposes the least restraint on the freedom of the child and
the child's parent, guardian, or custodian; and
(5) provides a reasonable opportunity for participation by the
child's parent, guardian, or custodian.
As added by P.L.1-1997, SEC.17. Amended by P.L.55-1997, SEC.22.
IC 31-34-19-7
Factors to consider for dispositional decrees that include
out-of-home placement
31-34-19-7 Sec. 7. 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 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.
As added by P.L.1-1997, SEC.17. Amended by P.L.70-2004, SEC.20;
P.L.234-2005, SEC.182.
IC 31-34-19-8
Provision of copies of dispositional report
31-34-19-8 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.
As added by P.L.1-1997, SEC.17.
IC 31-34-19-9
Advisement of modification procedures
31-34-19-9 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.
As added by P.L.1-1997, SEC.17.
IC 31-34-19-10
Findings and conclusions
31-34-19-10 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.
(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.
As added by P.L.1-1997, SEC.17. Amended by P.L.55-1997, SEC.23;
P.L.146-2006, SEC.49.
Disclaimer: These codes may not be the most recent version. Indiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.