2006 Indiana Code - CHAPTER 22. MODIFICATION OF DISPOSITIONAL DECREES
IC 31-37-22Chapter 22. Modification of Dispositional Decrees
IC 31-37-22-1
Motion for modification
31-37-22-1 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 parent, guardian, custodian, or guardian ad
litem;
(C) the probation officer;
(D) the caseworker;
(E) the prosecuting attorney; or
(F) the attorney for the department; 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.20. Amended by P.L.145-2006,
SEC.352.
IC 31-37-22-2
Award of guardianship of child to department of correction
31-37-22-2 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.20.
IC 31-37-22-3
Notice and hearing requirements; temporary order for
emergency change in child's residence
31-37-22-3 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.20.
IC 31-37-22-4
Modification report
31-37-22-4 Sec. 4. If a hearing is required, IC 31-37-17 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, or custodian is requesting the
modification.
As added by P.L.1-1997, SEC.20.
IC 31-37-22-5
Placement of child in public or private facility for children
31-37-22-5 Sec. 5. If:
(1) a child is placed in a shelter care facility or other place of
residence as part of a court order with respect to a delinquent
act under IC 31-37-2-2;
(2) the child received a written warning of the consequences of
a violation of the placement at the hearing during which the
placement was ordered;
(3) the issuance of the warning was reflected in the records of
the hearing;
(4) the child is not held in a juvenile detention facility for more
than twenty-four (24) hours, excluding Saturdays, Sundays, and
legal holidays, before the hearing at which it is determined that
the child violated that part of the order concerning the child's
placement in a shelter care facility or other place of residence;
and
(5) the child's mental and physical condition may be endangered
if the child is not placed in a secure facility;
the juvenile court may modify its disposition order with respect to
the delinquent act and place the child in a public or private facility
for children.
As added by P.L.1-1997, SEC.20.
IC 31-37-22-6
Placement of child for noncompliance concerning compulsory
school attendance
31-37-22-6 Sec. 6. If:
(1) a child fails to comply with IC 20-33-2 concerning
compulsory school attendance as part of a court order with
respect to a delinquent act under IC 31-37-2-3 (or
IC 31-6-4-1(a)(3) before its repeal);
(2) the child received a written warning of the consequences of
a violation of the court order;
(3) the issuance of the warning was reflected in the records of
the hearing;
(4) the child is not held in a juvenile detention facility for more
than twenty-four (24) hours, excluding Saturdays, Sundays, and
legal holidays, before the hearing at which it is determined that
the child violated that part of the order concerning the child's
school attendance; and
(5) the child's mental and physical condition may be endangered
if the child is not placed in a secure facility;
the juvenile court may modify its disposition order with respect to
the delinquent act and place the child in a public or private facility
for children under section 7 of this chapter.
As added by P.L.1-1997, SEC.20. Amended by P.L.1-2005, SEC.214.
IC 31-37-22-7
Alternative facilities for placement
31-37-22-7 Sec. 7. (a) If the juvenile court modifies its disposition
order under section 5 or 6 of this chapter, the court may order the
child placed under one (1) of the following alternatives:
(1) In a nonlocal secure private facility licensed under the laws
of any state. Placement under this alternative includes
authorization to control and discipline the child.
(2) In a local secure private facility licensed under Indiana law.
Placement under this alternative includes authorization to
control and discipline the child.
(3) In a local secure public facility.
(4) In a local alternative facility approved by the juvenile court.
(5) As a ward of the department of correction for housing in any
correctional facility for children. Wardship under this
alternative does not include the right to consent to the child's
adoption. However, without a determination of unavailable
housing by the department of correction, a child found to be
subject to section 5 or 6 of this chapter and placed in a secure
facility of the department of correction may not be housed with
any child found to be delinquent under any other provision of
this article.
(b) If the juvenile court places a child under subsection (a)(3) or
(a)(4):
(1) the length of the placement may not exceed thirty (30) days;
and
(2) the juvenile court shall order specific treatment of the child
designated to eliminate the child's disobedience of the court's
order of placement.
(c) The juvenile court shall retain jurisdiction over any placement
under this section (or IC 31-6-7-16(d) before its repeal) and shall
review each placement every three (3) months to determine whether
placement in a secure facility remains appropriate.
As added by P.L.1-1997, SEC.20.
IC 31-37-22-8
Description by local alternative facility seeking court approval
31-37-22-8 Sec. 8. A local alternative facility seeking the approval
of the juvenile court shall provide the court with a description of the
following:
(1) The facility's location and facilities.
(2) The facility's staff, including personnel qualifications.
(3) The maximum number of children who may be housed in
the facility, including a ratio of staff to children when the
facility is at maximum capacity.
(4) Funding sources.
(5) Programs that will be provided for children who are housed
in the facility.
As added by P.L.1-1997, SEC.20.
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