2006 Indiana Code - CHAPTER 18. DISPOSITIONAL HEARING

IC 31-37-18
     Chapter 18. Dispositional Hearing

IC 31-37-18-1
Issues for consideration
    31-37-18-1 Sec. 1. The juvenile court shall hold a dispositional hearing 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.20. Amended by P.L.55-1997, SEC.31.

IC 31-37-18-1.1
Mandatory attendance at predispositional hearing by report preparer
    31-37-18-1.1 Sec. 1.1. At a dispositional hearing under this chapter, the person that prepared the predispositional report:
        (1) must be present; and
        (2) must present testimony when requested to explain how the individuals participating in the conference described in IC 31-37-17:
            (A) examined the available options; and
            (B) recommended the options that most closely coincide with the guidelines provided in IC 31-37-17-4.
As added by P.L.55-1997, SEC.32.

IC 31-37-18-2
Admissibility of reports
    31-37-18-2 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.20.

IC 31-37-18-3
Civil commitment of mentally ill child
    31-37-18-3 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.20.

IC 31-37-18-4
Discharge of child; continuance of proceeding; no release of county office of family and children or department of child services from obligations to child
    31-37-18-4 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 department from the obligations of the department to the child pending the outcome of the proceeding under IC 12-26.
As added by P.L.1-1997, SEC.20. Amended by P.L.145-2006, SEC.343.

IC 31-37-18-5
Release of department of child services from obligations to child placed in state institution for involuntary treatment
    31-37-18-5 Sec. 5. If the court authorizes a child who is under the custody or supervision of 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 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.20. Amended by P.L.145-2006, SEC.344.

IC 31-37-18-6
Dispositional decree; factors
    31-37-18-6 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.20. Amended by P.L.55-1997, SEC.33.

IC 31-37-18-7
Provision of copies of dispositional report
    31-37-18-7 Sec. 7. 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.20.

IC 31-37-18-8
Advisement of modification procedures
    31-37-18-8 Sec. 8. The juvenile court shall advise the child and the child's parent, guardian, or custodian of the procedures under IC 31-37-22.
As added by P.L.1-1997, SEC.20.

IC 31-37-18-9
Findings and conclusions
    31-37-18-9 Sec. 9. (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) 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.20. Amended by P.L.55-1997, SEC.34; P.L.146-2006, SEC.56.