2006 Indiana Code - CHAPTER 17. PREDISPOSITIONAL REPORT

IC 31-37-17
     Chapter 17. Predispositional Report

IC 31-37-17-1
Recommendation of care, treatment, or rehabilitation of child; alternative reports
    31-37-17-1 Sec. 1. (a) Upon finding that a child is a delinquent child, the juvenile court shall order a probation officer 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.
As added by P.L.1-1997, SEC.20. Amended by P.L.55-1997, SEC.25.

IC 31-37-17-1.1
Consultation with experts; participants in conference
    31-37-17-1.1 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 delinquent child.
    (b) A conference held under this chapter 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 mental retardation 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.26. Amended by P.L.253-1997(ss), SEC.28.5; P.L.145-2006, SEC.340.

IC 31-37-17-1.2
Mandatory attendance of child's school representative at conference
    31-37-17-1.2 Sec. 1.2. If a delinquent child is known to be eligible

for special education services or placement under IC 20-35-2 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.27. Amended by P.L.1-2005, SEC.210.

IC 31-37-17-1.3
Reports and forms
    31-37-17-1.3 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.
    (c) The probation officer or caseworker shall collect, maintain, and complete financial eligibility forms designated by the director to assist in obtaining federal reimbursement and other reimbursement.
As added by P.L.55-1997, SEC.28. Amended by P.L.273-1999, SEC.108.

IC 31-37-17-2
Participation by parent, guardian, or custodian; out-of-home placement with blood or adoptive relative caretaker
    31-37-17-2 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 a probation officer or caseworker believes that an out-of-home placement would be appropriate for a delinquent child, the probation officer or caseworker 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.20.

IC 31-37-17-3
Financial report
    31-37-17-3 Sec. 3. The probation officer or caseworker shall collect information and prepare a financial report, in the form prescribed by the department on the parent or the estate of the child to assist the juvenile court and the department in:
        (1) determining the person's financial responsibility; and
        (2) obtaining federal reimbursement;
for services provided for the child or the person.
As added by P.L.1-1997, SEC.20. Amended by P.L.273-1999, SEC.109; P.L.145-2006, SEC.341.

IC 31-37-17-4 Recommendation on care, treatment, rehabilitation, or placement
    31-37-17-4 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.
As added by P.L.1-1997, SEC.20. Amended by P.L.55-1997, SEC.29.

IC 31-37-17-5
Examinations
    31-37-17-5 Sec. 5. The juvenile court may do the following:
        (1) Authorize an 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.
As added by P.L.1-1997, SEC.20.

IC 31-37-17-6
Disclosure
    31-37-17-6 Sec. 6. (a) Predispositional reports shall be made available within a reasonable time 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.
As added by P.L.1-1997, SEC.20. Amended by P.L.197-1997, SEC.28.

IC 31-37-17-6.1
Predispositional report; contents
    31-37-17-6.1 Sec. 6.1. (a) The predispositional report prepared by a probation officer or caseworker shall 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) 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.
    (b) If a probation officer or a caseworker is considering an out-of-home placement, including placement with a blood or an adoptive relative caretaker, the probation officer or caseworker must 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) A probation officer or caseworker is not required to conduct a criminal history check under this section if:
        (1) the probation officer 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.30. Amended by P.L.70-2004, SEC.24; P.L.234-2005, SEC.186; P.L.145-2006, SEC.342.

IC 31-37-17-7
Victim notification
    31-37-17-7 Sec. 7. (a) This section shall not be construed to limit victim's rights granted by IC 35-40 or any other law.
    (b) In the case of a child who commits a delinquent act that would be a sex offense (as defined in IC 11-13-6-5.5(b)) if the child were an adult, the person preparing the predispositional report under section 1 of this chapter shall, before the predispositional report is prepared, notify each victim (as defined in IC 11-13-6-5.5) in the proceeding of the victim's rights under IC 11-13-6-5.5 and the procedures related to the exercises of those rights.
As added by P.L.77-2001, SEC.2.