2006 Indiana Code - CHAPTER 21. REPORTS REQUIRED FOR REVIEWING DISPOSITIONAL DECREES
IC 31-37-21Chapter 21. Reports Required for Reviewing Dispositional Decrees
IC 31-37-21-1
Progress report; modification report
31-37-21-1 Sec. 1. (a) Before a hearing under IC 31-37-20-2 or
IC 31-37-20-3, the probation department or the department 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 department 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 department shall prepare a
modification report containing the information required by
IC 31-37-17 and request a formal court hearing.
As added by P.L.1-1997, SEC.20. Amended by P.L.145-2006,
SEC.351.
IC 31-37-21-2
Provision of copies of reports and factual summaries of reports
31-37-21-2 Sec. 2. (a) Except as provided by subsection (b), a
report prepared by the state:
(1) for the juvenile court's review of the court's dispositional
decree; or
(2) for use at a periodic case review or hearing under
IC 31-37-20-2 or IC 31-37-20-3;
shall be made available to the child, and the child's parent, foster
parent, guardian, guardian ad litem, custodian, or court appointed
special advocate 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 under
subsection (a). However, the court shall provide a copy of the report
to the following:
(1) Each attorney or a guardian ad litem representing the child.
(2) Each attorney representing the child's parent, guardian, or
custodian.
(3) A 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.20. Amended by P.L.146-2006,
SEC.58.
IC 31-37-21-3
Admissibility of reports and factual summaries of reports
31-37-21-3 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.20.
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