2006 Indiana Code - CHAPTER 23. MODIFICATION OF DISPOSITIONAL DECREES
IC 31-34-23Chapter 23. Modification of Dispositional Decrees
IC 31-34-23-1
Motion for modification
31-34-23-1 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;
(C) the probation officer;
(D) the caseworker;
(E) the prosecuting attorney; or
(F) the attorney for the county office of family and children;
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.
As added by P.L.1-1997, SEC.17. Amended by P.L.129-2005, SEC.9.
IC 31-34-23-2
Award of guardianship of child to department of correction
31-34-23-2 Sec. 2. If a child has been in the custody of the
department of correction under the juvenile court's original
dispositional decree, the juvenile court may not award guardianship
of the child back to the department unless the juvenile court holds a
hearing and finds that the child violated a modified dispositional
decree.
As added by P.L.1-1997, SEC.17.
IC 31-34-23-3
Notice and hearing requirements; temporary order for
emergency change in child's residence
31-34-23-3 Sec. 3. (a) If the petitioner requests an emergency
change in the child's residence, the court may issue a temporary
order. However, the court shall then give notice to the persons
affected and shall hold a hearing on the question if requested.
(b) If the petition requests any other modification, the court shall
give notice to the persons affected and may hold a hearing on the
question.
As added by P.L.1-1997, SEC.17.
IC 31-34-23-4
Modification report
31-34-23-4 Sec. 4. If a hearing is required, IC 31-34-18 governs
the preparation and use of a modification report. The report shall be
prepared if the state 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.
As added by P.L.1-1997, SEC.17. Amended by P.L.129-2005,
SEC.10.
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