2006 Indiana Code - CHAPTER 20. REVIEW OF DISPOSITIONAL DECREES; FORMAL REVIEW HEARINGS

IC 31-37-20
     Chapter 20. Review of Dispositional Decrees; Formal Review Hearings

IC 31-37-20-1
Progress reports; procedure for modification of decree
    31-37-20-1 Sec. 1. At any time after the date of an original dispositional decree, the juvenile court may order the department or the probation department to file a report on the progress made in implementing the decree. If, after reviewing the report, the juvenile court seeks to consider modification of the dispositional decree, the court shall proceed under IC 31-37-22.
As added by P.L.1-1997, SEC.20. Amended by P.L.145-2006, SEC.348.

IC 31-37-20-2
Periodic review of case
    31-37-20-2 Sec. 2. (a) The court shall hold a formal hearing:
        (1) every twelve (12) months after:
            (A) the date of the original dispositional decree; or
            (B) a delinquent child was removed from the child's parent, guardian, or custodian;
        whichever occurs first; or
        (2) more often if ordered by the juvenile court.
    (b) The court shall determine whether the dispositional decree should be modified and whether the present placement is in the best interest of the child. The court, in making the court's determination, may consider the following:
        (1) The services that have been provided or offered to a parent, guardian, or custodian to facilitate a reunion.
        (2) The extent to which the parent, guardian, or custodian has enhanced the ability to fulfill parental obligations.
        (3) The extent to which the parent, guardian, or custodian has visited the child, including the reasons for infrequent visitation.
        (4) The extent to which the parent, guardian, or custodian has cooperated with the department or probation department.
        (5) The child's recovery from any injuries suffered before removal.
        (6) Whether additional services are required for the child or the child's parent, guardian, or custodian and, if so, the nature of the services.
        (7) The extent to which the child has been rehabilitated.
As added by P.L.1-1997, SEC.20. Amended by P.L.145-2006, SEC.349.

IC 31-37-20-3
Formal hearing on continued jurisdiction and modification of decree
    31-37-20-3 Sec. 3. (a) The court shall hold a formal hearing on the question of continued jurisdiction:         (1) every eighteen (18) months after:
            (A) the date of the original dispositional decree; or
            (B) a delinquent child was removed from the child's parent, guardian, or custodian;
        whichever comes first; or
        (2) more often if ordered by the juvenile court.
    (b) The state must show that jurisdiction should continue by proving that the objectives of the dispositional decree have not been accomplished and that a continuation of the decree with or without modifications has a probability of success.
    (c) If the state does not sustain the state's burden for continued jurisdiction, the court may:
        (1) authorize a petition for termination of the parent-child relationship; or
        (2) discharge the child or the child's parent, guardian, or custodian.
As added by P.L.1-1997, SEC.20.

IC 31-37-20-4
Progress report required for case review or continued jurisdiction
    31-37-20-4 Sec. 4. Before a hearing under section 2 or 3 of this chapter, the probation department or the department shall prepare a report in accordance with IC 31-37-21 on the progress made in implementing the dispositional decree.
As added by P.L.1-1997, SEC.20. Amended by P.L.145-2006, SEC.350.

IC 31-37-20-5
Review of foster care placements; disclosure of confidential report or document
    31-37-20-5 Sec. 5. (a) The juvenile court may assign cases to a foster care review board established by the court to assist the court in reviewing foster care placements. The board shall:
        (1) review a foster care placement at the juvenile court's request; and
        (2) file a report, including findings and recommendations, with the court.
    (b) If the juvenile court believes the contents of a confidential report or document would benefit the review board, the court may provide the review board with an order authorizing disclosure of the document to the review board. The review board may not disclose the contents of a confidential report or document to a person who is not allowed disclosure by the court or by statute.
As added by P.L.1-1997, SEC.20.

IC 31-37-20-6
Review of child's legal settlement
    31-37-20-6 Sec. 6. (a) This section applies if a juvenile court reviews the implementation of a decree under this chapter (or

IC 31-6-4-19 before its repeal) or any other law concerning a child placed in a state licensed private or public health care facility, child care facility, or foster family home.
    (b) The juvenile court shall review the court's findings under IC 31-37-19-26 (or IC 31-6-4-18.5(b) before its repeal) and determine whether circumstances have changed the legal settlement of the child.
    (c) If the child's legal settlement has changed, the court shall issue an order that modifies the court's findings of fact concerning the legal settlement of the child.
    (d) If the court has not previously made findings of fact concerning legal settlement as provided in IC 31-37-19-26 the court shall make the appropriate findings in the court's order entered under this chapter.
    (e) The juvenile court shall comply with the reporting requirements under IC 20-26-11-9 concerning the legal settlement of the child.
As added by P.L.1-1997, SEC.20. Amended by P.L.1-2005, SEC.213.

IC 31-37-20-7
Discharge of child
    31-37-20-7 Sec. 7. When the juvenile court finds that the objectives of the dispositional decree have been met, the court shall discharge the child and the child's parent, guardian, or custodian.
As added by P.L.1-1997, SEC.20.