2006 Indiana Code - CHAPTER 22. REPORTS REQUIRED FOR REVIEWING DISPOSITIONAL DECREES
IC 31-34-22Chapter 22. Reports Required for Reviewing Dispositional Decrees
IC 31-34-22-1
Progress report; modification report
31-34-22-1 Sec. 1. (a) Before a case review under IC 31-34-21-2
or hearing under IC 31-34-21-7, the probation department or the
county office of family and children 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) Before preparing the report required by subsection (a), the
probation department or the county office of family and children
shall consult a foster parent of the child about the child's progress
made while in the foster parent's care.
(c) If modification of the dispositional decree is recommended,
the probation department or the county office of family and children
shall prepare a modification report containing the information
required by IC 31-34-18 and request a formal court hearing.
As added by P.L.1-1997, SEC.17.
IC 31-34-22-2
Providing copies of reports and factual summaries of reports
31-34-22-2 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,
or custodian within a reasonable time after the report's presentation
to the court or before the hearing.
(b) If the court determines on the record that the report contains
information that should not be released to the child or the child's
parent, foster parent, guardian, or custodian, 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.
(d) In addition to the requirements of subsection (a), any report
prepared by the state for the juvenile court's review shall also be
made available to any court appointed special advocate within the
same time period and in the same manner as required in the case of
a parent under subsection (a). However, if under subsection (a) the
court determines on the record that the report contains information
that should not be released to the parent, the court shall still provide
a copy of the report to any court appointed special advocate.
As added by P.L.1-1997, SEC.17. Amended by P.L.129-2005, SEC.8;
P.L.146-2006, SEC.53.
IC 31-34-22-3
Admissibility of reports and factual summaries of reports
31-34-22-3 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, 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.
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