2016 Indiana Code TITLE 31. FAMILY LAW AND JUVENILE LAW ARTICLE 34. JUVENILE LAW: CHILDREN IN NEED OF SERVICES CHAPTER 21. REVIEW OF DISPOSITIONAL DECREES; FORMAL REVIEW HEARINGS
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IC 31-34-21
Chapter 21. Review of Dispositional Decrees; Formal Review
Hearings
IC 31-34-21-0.1
Application of certain amendments to chapter
Sec. 0.1. The addition of section 7.7 of this chapter by
P.L.217-2001 applies to all proceedings pending under IC 31-34 on
July 1, 2001, and to all proceedings commenced under IC 31-34 after
June 30, 2001.
As added by P.L.220-2011, SEC.515.
IC 31-34-21-0.2
First periodic case review; petition to terminate parent-child
relationship; conditions; required notice
Sec. 0.2. At a child's first periodic case review occurring after
June 30, 1998, the local office is required to advise the child's parent,
guardian, or custodian in writing that a petition to terminate the
parent-child relationship must be filed with respect to the child after
June 30, 1999, if the child has been removed from the child's parent
and has been under the supervision of a local office for at least
fifteen (15) months of the most recent twenty-two (22) months.
However, if a child's parent, guardian, or custodian fails to appear at
the first periodic case review occurring after June 30, 1998, the local
office shall make reasonable efforts to send notice of the advisement
to the last known address of the parent, guardian, or custodian.
As added by P.L.220-2011, SEC.516. Amended by P.L.128-2012,
SEC.166.
IC 31-34-21-1
Progress reports; procedure for modification of decree
Sec. 1. (a) At any time after the date of an original dispositional
decree, the juvenile court may order the department to file a report
on the progress made in implementing the decree.
(b) The juvenile court shall order the department to file a report
every three (3) months after the dispositional decree is entered on the
progress made in implementing the decree.
(c) If, after reviewing the report, the juvenile court seeks to
consider modification of the dispositional decree, the juvenile court
shall proceed under IC 31-34-23.
As added by P.L.1-1997, SEC.17. Amended by P.L.145-2006,
SEC.313; P.L.146-2006, SEC.51.
IC 31-34-21-2
Periodic case review
Sec. 2. (a) The case of each child in need of services under the
supervision of the department must be reviewed at least once every
six (6) months, or more often, if ordered by the court.
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(b) The first of these periodic case reviews must occur:
(1) at least six (6) months after the date of the child's removal
from the child's parent, guardian, or custodian; or
(2) at least six (6) months after the date of the dispositional
decree;
whichever comes first.
(c) Each periodic case review must be conducted by the juvenile
court in a formal court hearing.
(d) The court may perform a periodic case review any time after
a progress report is filed as described in section 1 of this chapter.
As added by P.L.1-1997, SEC.17. Amended by P.L.35-1998, SEC.9;
P.L.145-2006, SEC.314; P.L.146-2006, SEC.52; P.L.146-2008,
SEC.605.
IC 31-34-21-3
Progress report required before case review
Sec. 3. Before a case review under section 2 of this chapter, the
department shall prepare a report in accordance with IC 31-34-22 on
the progress made in implementing the dispositional decree.
As added by P.L.1-1997, SEC.17. Amended by P.L.145-2006,
SEC.315; P.L.146-2008, SEC.606.
IC 31-34-21-4
Notice of case review; testimony in periodic case review
Sec. 4. (a) Except as provided in subsection (f), at least seven (7)
days before the periodic case review, including a case review that is
a permanency hearing under section 7 of this chapter, the department
shall provide notice of the review to each of the following:
(1) The child's parent, guardian, or custodian.
(2) An attorney who has entered an appearance on behalf of the
child's parent, guardian, or custodian.
(3) A prospective adoptive parent named in a petition for
adoption of the child filed under IC 31-19-2 if:
(A) each consent to adoption of the child that is required
under IC 31-19-9-1 has been executed in the form and
manner required by IC 31-19-9 and filed with the local
office;
(B) the court having jurisdiction in the adoption case has
determined under any applicable provision of IC 31-19-9
that consent to adoption is not required from a parent,
guardian, or custodian; or
(C) a petition to terminate the parent-child relationship
between the child and any parent who has not executed a
written consent to adoption under IC 31-19-9-2 has been
filed under IC 31-35 and is pending.
(4) The child's foster parent or long term foster parent.
(5) Any other person who:
(A) the department has knowledge is currently providing
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care for the child; and
(B) is not required to be licensed under IC 12-17.2 or
IC 31-27 to provide care for the child.
(6) Any other suitable relative or person whom the department
knows has had a significant or caretaking relationship to the
child.
(b) The department shall present proof of service of the notice
required by subsection (a) at the periodic case review.
(c) The department shall provide notices under this section as
provided in IC 31-32-1-4.
(d) The court shall provide to a person described in subsection (a)
an opportunity to be heard and to make any recommendations to the
court in a periodic case review, including a permanency hearing
under section 7 of this chapter. The right to be heard and to make
recommendations under this subsection includes:
(1) the right of a person described in subsection (a) to submit a
written statement to the court that, if served upon all parties to
the child in need of services proceeding and the persons
described in subsection (a), may be made a part of the court
record; and
(2) the right to present oral testimony to the court and cross
examine any of the witnesses at the hearing.
(e) Except as provided in subsection (f), this section does not
exempt the department from sending a notice of the review to each
party to the child in need of services proceeding.
(f) If the parent of an abandoned child does not disclose the
parent's name as allowed by IC 31-34-2.5-1(c), the parent is not
required to be notified of a proceeding described in subsection (a).
As added by P.L.1-1997, SEC.17. Amended by P.L.35-1998, SEC.10;
P.L.133-2000, SEC.6; P.L.217-2001, SEC.9; P.L.152-2003, SEC.2;
P.L.145-2006, SEC.316; P.L.72-2008, SEC.3; P.L.128-2012,
SEC.167.
IC 31-34-21-4.5
Foster parent's intervention
Sec. 4.5. (a) Except as provided in subsection (b) a foster parent,
long term foster parent, or a person who has been a foster parent may
petition the court to request intervention as a party to a proceeding
described in this chapter.
(b) A foster parent who has been:
(1) the subject of a substantiated report of child abuse or
neglect; or
(2) convicted of a felony listed in IC 31-27-4-13;
may not petition the court to intervene under this section.
(c) A court may grant a petition filed under this section if the
court determines that intervention of the petitioner is in the best
interests of the child.
As added by P.L.133-2000, SEC.7. Amended by P.L.152-2003,
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SEC.3; P.L.145-2006, SEC.317.
IC 31-34-21-4.6
"Long term foster parent"
Sec. 4.6. As used in this section, "long term foster parent" means
a foster parent who has provided care and supervision for a child for
at least:
(1) the twelve (12) most recent months; or
(2) fifteen (15) months of the most recent twenty-two (22)
months.
As added by P.L.152-2003, SEC.4.
IC 31-34-21-5
Determination; findings
Sec. 5. (a) The court shall determine:
(1) whether the child's case plan, services, and placement meet
the special needs and best interests of the child;
(2) whether the department has made reasonable efforts to
provide family services; and
(3) a projected date for the child's return home, the child's
adoption placement, the child's emancipation, or the
appointment of a legal guardian for the child under section
7.5(c)(1)(E) of this chapter.
(b) The determination of the court under subsection (a) must be
based on findings written after consideration of the following:
(1) Whether the department, the child, or the child's parent,
guardian, or custodian has complied with the child's case plan.
(2) Written documentation containing descriptions of:
(A) the family services that have been offered or provided to
the child or the child's parent, guardian, or custodian;
(B) the dates during which the family services were offered
or provided; and
(C) the outcome arising from offering or providing the
family services.
(3) The extent of the efforts made by the department to offer
and provide family services.
(4) The extent to which the parent, guardian, or custodian has
enhanced the ability to fulfill parental obligations.
(5) The extent to which the parent, guardian, or custodian has
visited the child, including the reasons for infrequent visitation.
(6) The extent to which the parent, guardian, or custodian has
cooperated with the department.
(7) The child's recovery from any injuries suffered before
removal.
(8) Whether any additional services are required for the child or
the child's parent, guardian, or custodian and, if so, the nature
of those services.
(9) The extent to which the child has been rehabilitated.
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(10) If the child is placed out-of-home, whether the child is in
the least restrictive, most family-like setting, and whether the
child is placed close to the home of the child's parent, guardian,
or custodian.
(11) The extent to which the causes for the child's out-of-home
placement or supervision have been alleviated.
(12) Whether current placement or supervision by the
department should be continued.
(13) The extent to which the child's parent, guardian, or
custodian has participated or has been given the opportunity to
participate in case planning, periodic case reviews, dispositional
reviews, placement of the child, and visitation.
(14) Whether the department has made reasonable efforts to
reunify or preserve a child's family unless reasonable efforts are
not required under section 5.6 of this chapter.
(15) Whether it is an appropriate time to prepare or implement
a permanency plan for the child under section 7.5 of this
chapter.
As added by P.L.1-1997, SEC.17. Amended by P.L.35-1998, SEC.11;
P.L.145-2006, SEC.318; P.L.146-2008, SEC.607.
IC 31-34-21-5.5
Reasonable efforts to preserve and reunify families
Sec. 5.5. (a) In determining the extent to which reasonable efforts
to reunify or preserve a family are appropriate under this chapter, the
child's health and safety are of paramount concern.
(b) Except as provided in section 5.6 of this chapter, the
department shall make reasonable efforts to preserve and reunify
families as follows:
(1) If a child has not been removed from the child's home, to
prevent or eliminate the need for removing the child from the
child's home.
(2) If a child has been removed from the child's home, to make
it possible for the child to return safely to the child's home as
soon as possible.
(c) The department may, before reunification of the child with a
parent, guardian, or custodian, conduct a criminal history check (as
defined in IC 31-9-2-22.5) of:
(1) the child's:
(A) parent;
(B) guardian; or
(C) custodian; or
(2) a household member of the:
(A) parent;
(B) guardian; or
(C) custodian.
(d) The department may use the results of a criminal history check
conducted under subsection (c) to decide whether it is safe for the
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child to return home.
As added by P.L.35-1998, SEC.12. Amended by P.L.1-1999, SEC.62;
P.L.145-2006, SEC.319; P.L.48-2012, SEC.64.
IC 31-34-21-5.6
Exceptions to requirement to make reasonable efforts to preserve
and reunify families
Sec. 5.6. Except as provided in subsection (c), a court may make
a finding described in this section at any phase of a child in need of
services proceeding.
(b) Reasonable efforts to reunify a child with the child's parent,
guardian, or custodian or preserve a child's family as described in
section 5.5 of this chapter are not required if the court finds any of
the following:
(1) A parent, guardian, or custodian of a child who is a child in
need of services has been convicted of:
(A) an offense described in IC 31-35-3-4(1)(B) or
IC 31-35-3-4(1)(D) through IC 31-35-3-4(1)(J) against a
victim who is:
(i) a child described in IC 31-35-3-4(2); or
(ii) a parent of the child; or
(B) a comparable offense as described in clause (A) in any
other state, territory, or country by a court of competent
jurisdiction.
(2) A parent, guardian, or custodian of a child who is a child in
need of services:
(A) has been convicted of:
(i) the murder (IC 35-42-1-1) or voluntary manslaughter
(IC 35-42-1-3) of a victim who is a child described in
IC 31-35-3-4(2)(B) or a parent of the child; or
(ii) a comparable offense described in item (i) in any other
state, territory, or country; or
(B) has been convicted of:
(i) aiding, inducing, or causing another person;
(ii) attempting; or
(iii) conspiring with another person;
to commit an offense described in clause (A).
(3) A parent, guardian, or custodian of a child who is a child in
need of services has been convicted of:
(A) battery as a Class A felony (for a crime committed
before July 1, 2014) or Level 2 felony (for a crime
committed after June 30, 2014);
(B) battery as a Class B felony (for a crime committed
before July 1, 2014) or Level 3 or Level 4 felony (for a
crime committed after June 30, 2014);
(C) battery as a Class C felony (for a crime committed
before July 1, 2014) or Level 5 felony (for a crime
committed after June 30, 2014);
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(D) aggravated battery (IC 35-42-2-1.5);
(E) criminal recklessness (IC 35-42-2-2) as a Class C felony
(for a crime committed before July 1, 2014) or a Level 5
felony (for a crime committed after June 30, 2014);
(F) neglect of a dependent (IC 35-46-1-4) as a Class B felony
(for a crime committed before July 1, 2014) or a Level 1 or
Level 3 felony (for a crime committed after June 30, 2014);
(G) promotion of human trafficking, promotion of human
trafficking of a minor, sexual trafficking of a minor, or
human trafficking (IC 35-42-3.5-1) as a felony; or
(H) a comparable offense described in clauses (A) through
(G) under federal law or in another state, territory, or
country;
against a child described in IC 31-35-3-4(2)(B).
(4) The parental rights of a parent with respect to a biological
or adoptive sibling of a child who is a child in need of services
have been involuntarily terminated by a court under:
(A) IC 31-35-2 (involuntary termination involving a
delinquent child or a child in need of services);
(B) IC 31-35-3 (involuntary termination involving an
individual convicted of a criminal offense); or
(C) any comparable law described in clause (A) or (B) in
any other state, territory, or country.
(5) The child is an abandoned infant, provided that the court:
(A) has appointed a guardian ad litem or court appointed
special advocate for the child; and
(B) after receiving a written report and recommendation
from the guardian ad litem or court appointed special
advocate, and after a hearing, finds that reasonable efforts to
locate the child's parents or reunify the child's family would
not be in the best interests of the child.
(c) During or at any time after the first periodic case review under
IC 31-34-21-2 of a child in need of services proceeding, if the court
finds that a parent, guardian, or custodian of the child has been
charged with an offense described in subsection (b)(3) and is
awaiting trial, the court may make a finding that reasonable efforts
to reunify the child with the child's parent, guardian, or custodian or
preserve the child's family as described in section 5.5 of this chapter
may be suspended pending the disposition of the parent's, guardian's,
or custodian's criminal charge.
As added by P.L.35-1998, SEC.13. Amended by P.L.197-1999,
SEC.5; P.L.133-2000, SEC.8; P.L.222-2001, SEC.2; P.L.217-2001,
SEC.10; P.L.1-2003, SEC.78; P.L.158-2013, SEC.323; P.L.46-2016,
SEC.15.
IC 31-34-21-5.7
Permanency plan; requirement; approval; reports and orders not
required
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Sec. 5.7. (a) This section applies at any phase of a child in need
of services proceeding whenever a court enters a finding that
reasonable efforts to reunify or preserve a child's family are not
required under section 5.6 of this chapter.
(b) The department shall do the following:
(1) Complete a permanency plan for the child that complies
with the requirements of section 7.5 of this chapter.
(2) Seek court approval of the permanency plan under section
7 of this chapter.
(3) Refer a case to the permanency roundtable if the department
places a child in a child caring institution, group home, or
private secure facility.
(c) Notwithstanding any otherwise applicable requirements under
IC 31-34, whenever the department seeks approval of a permanency
plan for the child under subsection (b), the following reports, orders,
and hearings are not required:
(1) A predispositional report to consider participation of a
child's parent, guardian, or custodian in any program of care,
treatment, or rehabilitation of the child.
(2) A dispositional decree under IC 31-34-19-6 and findings and
conclusions under IC 31-34-19-10 that concern:
(A) participation of the child's parent, guardian, or custodian
in a program for future care or treatment of the child; or
(B) reasonable efforts to prevent the child's removal from the
child's home or to reunite the child with the child's parent,
guardian, or custodian.
As added by P.L.35-1998, SEC.14. Amended by P.L.145-2006,
SEC.320; P.L.48-2012, SEC.65.
IC 31-34-21-5.8
Certain reasonable efforts required if preservation and
reunification inconsistent with permanency plan; progress reports,
case reviews, and postdispositional hearings not required
Sec. 5.8. (a) This section applies only if a court has approved a
permanency plan for a child under section 7(b)(5) of this chapter.
(b) If the continuation of reasonable efforts to preserve and
reunify a child in need of services with the child's family is
inconsistent with the child's permanency plan, the department shall
make reasonable efforts to:
(1) with court approval place the child in an out-of-home
placement in accordance with the permanency plan; and
(2) complete whatever steps are necessary to finalize the
permanent placement of the child in a timely manner.
(c) This subsection applies whenever the child's approved
permanency plan under section 7 of this chapter is placement of the
child for adoption or another planned, permanent living arrangement.
Periodic progress reports, case reviews, and postdispositional
hearings to determine whether or the extent to which the following
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have occurred are not required:
(1) Whether reasonable efforts have been made to eliminate the
need for removal of the child from the child's home or to make
it possible for the child to safely return to the child's home.
(2) Whether the child is placed in close proximity to the home
of the child's parent, guardian, or custodian.
As added by P.L.35-1998, SEC.15. Amended by P.L.145-2006,
SEC.321; P.L.162-2011, SEC.51.
IC 31-34-21-6
Repealed
(Repealed by P.L.35-1998, SEC.28.)
IC 31-34-21-7
Permanency hearing
Sec. 7. (a) The court shall hold a permanency hearing:
(1) not more than thirty (30) days after a court finds that
reasonable efforts to reunify or preserve a child's family are not
required as described in section 5.6 of this chapter;
(2) every twelve (12) months after:
(A) the date of the original dispositional decree; or
(B) a child in need of services was removed from the child's
parent, guardian, or custodian;
whichever comes first; or
(3) more often if ordered by the juvenile court.
(b) The court shall:
(1) make the determination and findings required by section 5
of this chapter;
(2) consider the question of continued jurisdiction and whether
the dispositional decree should be modified;
(3) consider recommendations of persons listed under section
4 of this chapter, before approving a permanency plan under
subdivision (5);
(4) consult with the child in person, or through an interview
with or written statement or report submitted by:
(A) a guardian ad litem or court appointed special advocate
for the child;
(B) a case manager; or
(C) the person with whom the child is living and who has
primary responsibility for the care and supervision of the
child;
in an age appropriate manner as determined by the court,
regarding the proposed permanency plan;
(5) consider and approve a permanency plan for the child that
complies with the requirements set forth in section 7.5 of this
chapter;
(6) determine whether an existing permanency plan must be
modified; and
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(7) examine procedural safeguards used by the department to
protect parental rights.
(c) If the child is at least sixteen (16) years of age and the
proposed permanency plan provides for another planned permanent
living arrangement, the court shall, at each permanency hearing, do
all the following:
(1) Require the department to provide notice of the permanency
hearing to the child, in accordance with section 4(a) of this
chapter.
(2) Provide to the child an opportunity to be heard and to make
recommendations to the court, in accordance with section 4(d)
of this chapter.
(3) Require the department to document or provide testimony
regarding the intensive, ongoing, and, as of the date of the
hearing, unsuccessful efforts made by the department to return
the child home or secure a placement for the child with a fit and
willing relative, legal guardian, or adoptive parent, including
efforts through the use of search technology, such as social
media, to find biological or adoptive family members for the
child.
(4) Ask the child about the desired permanency outcome for the
child and document the child's response.
(5) Make a judicial determination explaining why, as of the date
of the hearing, another planned permanent living arrangement
is the best permanency plan for the child and provide
compelling reasons why it continues to not be in the best
interests of the child to:
(A) return home;
(B) be placed for adoption;
(C) be placed with a legal guardian; or
(D) be placed with a fit and willing relative.
(6) Require the department to document or provide testimony
regarding the steps the department is taking to ensure that:
(A) the child's foster family home, group home, secure
private facility, or child caring institution is following the
reasonable and prudent parent standard; and
(B) the child has regular, ongoing opportunities to engage in
age or developmentally appropriate activities, including
consulting with the child in an age appropriate manner about
the opportunities for the child to participate in the activities.
(d) There is a rebuttable presumption that jurisdiction over the
child in a child in need of services proceeding continues for not
longer than twelve (12) months after the date of the original
dispositional decree or twelve (12) months after the child in need of
services was removed from the child's parent, guardian, or custodian,
whichever occurs first. The state may rebut the presumption and
show that jurisdiction should continue by proving that the objectives
of the dispositional decree have not been accomplished, that a
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continuation of the decree with or without any modifications is
necessary, and that it is in the child's best interests for the court to
maintain its jurisdiction over the child. If the department does not
sustain its burden for continued jurisdiction, the court shall:
(1) direct the department to establish a permanency plan within
thirty (30) days; or
(2) discharge the child and the child's parent, guardian, or
custodian.
The court may retain jurisdiction to the extent necessary to carry out
any orders under subdivision (1).
As added by P.L.1-1997, SEC.17. Amended by P.L.35-1998, SEC.16;
P.L.1-1999, SEC.63; P.L.14-2000, SEC.64; P.L.145-2006, SEC.322;
P.L.138-2007, SEC.74; P.L.72-2008, SEC.4; P.L.104-2015, SEC.40.
IC 31-34-21-7.3
Internet posting of nonidentifying information
Sec. 7.3. (a) This section applies after:
(1) a court authorizes the filing of a petition to terminate the
parent-child relationship; or
(2) a petition to terminate the parent-child relationship is filed;
in relation to a child in need of services.
(b) The department shall post the following nonidentifying
information on the Internet to facilitate a potential adoptive
placement of the child:
(1) The child's age, gender, and summary of the child's
educational, social, and medical background, including known
disabilities.
(2) The reason the child was removed from the child's home.
(3) Whether a person has expressed an interest in adopting the
child.
(4) The name, address, and telephone number of a contact
person from:
(A) the department;
(B) the appropriate local office; or
(C) licensed child placing agency;
where a person who may be interested in adopting the child may
obtain further information about adopting the child.
(5) Whether a petition to terminate the rights of the child's
parents has been authorized or filed, and whether the rights of
the child's parents have been terminated.
(6) An address and telephone number of:
(A) the department;
(B) the appropriate local office; or
(C) licensed child placing agency;
where a person who may be interested in adopting the child may
obtain further information about adopting the child.
(c) The information posted under subsection (b) may not identify
the name of any of the following persons:
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(1) The child.
(2) The child's biological or adoptive parents.
(3) A sibling of the child.
(4) A caretaker of the child.
(d) The department shall update any relevant information under
this section after either of the following:
(1) Each of the child's periodic reviews that occur after the
information under this section is required to be posted.
(2) The rights of the child's parents have been terminated.
(e) The department shall remove the information required under
subsection (b) from the Internet whenever the child is reunited with
the child's family or an adoption of the child is filed under
IC 31-19-2.
(f) Upon request, the department shall inform the person making
the request of the address of the Internet web site containing the
information described in this section.
As added by P.L.35-1998, SEC.17. Amended by P.L.145-2006,
SEC.323; P.L.128-2012, SEC.168.
IC 31-34-21-7.5
Permanency plans prohibited if household contains certain
individuals; conduct criminal history check; contents of
permanency plans
Sec. 7.5. (a) Except as provided in subsection (d), the juvenile
court may not approve a permanency plan under subsection
(c)(1)(D), (c)(1)(E), or (c)(1)(F) if a person who is currently residing
with a person described in subsection (c)(1)(D) or (c)(1)(E) or in a
residence in which the child would be placed under subsection
(c)(1)(F) has committed an act resulting in a substantiated report of
child abuse or neglect, has a juvenile adjudication for an act that
would be a felony listed in IC 31-27-4-13 if committed by an adult,
or has a conviction for a felony listed in IC 31-27-4-13.
(b) Before requesting juvenile court approval of a permanency
plan, the department shall conduct a criminal history check (as
defined in IC 31-9-2-22.5) to determine if a person described in
subsection (a) has committed an act resulting in a substantiated
report of child abuse or neglect, has a juvenile adjudication for an act
that would be a felony listed in IC 31-27-4-13 if committed by an
adult, or has a conviction for a felony listed in IC 31-27-4-13.
However, the department is not required to conduct a criminal
history check under this section if criminal history information under
IC 31-34-4-2, IC 31-34-18-6.1, or IC 31-34-20-1.5 establishes
whether a person described in subsection (a) has committed an act
resulting in a substantiated report of child abuse or neglect, has a
juvenile adjudication for an act that would be a felony listed in
IC 31-27-4-13 if committed by an adult, or has a conviction for a
felony listed in IC 31-27-4-13.
(c) A permanency plan under this chapter includes the following:
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(1) The intended permanent or long term arrangements for care
and custody of the child that may include any of the following
arrangements that the department or the court considers most
appropriate and consistent with the best interests of the child:
(A) Return to or continuation of existing custodial care
within the home of the child's parent, guardian, or custodian
or placement of the child with the child's noncustodial
parent.
(B) Initiation of a proceeding for termination of the
parent-child relationship under IC 31-35.
(C) Placement of the child for adoption.
(D) Placement of the child with a responsible person,
including:
(i) an adult sibling;
(ii) a grandparent;
(iii) an aunt;
(iv) an uncle;
(v) a custodial parent of a sibling of the child; or
(vi) another relative;
who is able and willing to act as the child's permanent
custodian and carry out the responsibilities required by the
permanency plan.
(E) Appointment of a legal guardian. The legal guardian
appointed under this section is a caretaker in a judicially
created relationship between the child and caretaker that is
intended to be permanent and self-sustaining as evidenced
by the transfer to the caretaker of the following parental
rights with respect to the child:
(i) Care, custody, and control of the child.
(ii) Decision making concerning the child's upbringing.
(F) A supervised independent living arrangement or foster
care for the child with a permanency plan of another
planned, permanent living arrangement. However, a child
less than sixteen (16) years of age may not have another
planned, permanent living arrangement as the child's
permanency plan.
(2) A time schedule for implementing the applicable provisions
of the permanency plan.
(3) Provisions for temporary or interim arrangements for care
and custody of the child, pending completion of implementation
of the permanency plan.
(4) Other items required to be included in a case plan under
IC 31-34-15 or federal law, consistent with the permanent or
long term arrangements described by the permanency plan.
(d) A juvenile court may approve a permanency plan if:
(1) a person described in subsection (a) has:
(A) committed an act resulting in a substantiated report of
child abuse or neglect;
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(B) been convicted of:
(i) a battery offense included in IC 35-42-2 as a felony;
(ii) criminal confinement (IC 35-42-3-3) as a felony;
(iii) carjacking (IC 35-42-5-2) (repealed) as a felony;
(iv) arson (IC 35-43-1-1) as a felony;
(v) a felony involving a weapon under IC 35-47 or a felony
involving controlled explosives under IC 35-47.5;
(vi) a felony relating to controlled substances under
IC 35-48-4;
(vii) a felony under IC 9-30-5; or
(viii) a felony that is substantially equivalent to a felony
listed in this clause for which the conviction was entered
in another jurisdiction;
if the conviction did not occur within the past five (5) years;
or
(C) had a juvenile adjudication for an act listed in
IC 31-27-4-13(a) that, if committed by an adult, would be a
felony; and
(2) the person's commission of the offense, delinquent act, or
act of abuse or neglect described in subdivision (1) is not
relevant to the person's present ability to care for a child, and
that approval of the permanency plan is in the best interest of
the child.
However, a court may not approve a permanency plan if the person
has been convicted of a felony listed in IC 31-27-4-13 that is not
specifically excluded under subdivision (1)(B), or has a juvenile
adjudication for an act that would be a felony listed in IC 31-27-4-13
if committed by an adult that is not specifically excluded under
subdivision (1)(B).
(e) In making its written finding under subsection (d), the court
shall consider the following:
(1) The length of time since the person committed the offense,
delinquent act, or act that resulted in the substantiated report of
abuse or neglect.
(2) The severity of the offense, delinquent act, or abuse or
neglect.
(3) Evidence of the person's rehabilitation, including the
person's cooperation with a treatment plan, if applicable.
As added by P.L.35-1998, SEC.18. Amended by P.L.70-2004,
SEC.23; P.L.234-2005, SEC.184; P.L.145-2006, SEC.324;
P.L.146-2008, SEC.608; P.L.128-2012, SEC.169; P.L.158-2013,
SEC.324; P.L.104-2015, SEC.41; P.L.65-2016, SEC.16.
IC 31-34-21-7.6
Documents provided to individual leaving foster care
Sec. 7.6. (a) This section applies to an individual who:
(1) is leaving foster care because the individual is eighteen (18)
years of age or older; and
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(2) has been in foster care for at least six (6) months.
(b) Before an individual described in subsection (a) leaves foster
care, the department shall provide to the individual all the following
documents that are applicable to the individual:
(1) An official or certified copy of the individual's United States
birth certificate.
(2) A Social Security card issued for the individual by the
Social Security Administration.
(3) Insurance records.
(4) A copy of the individual's medical records.
(5) A driver's license or identification card issued by the state.
As added by P.L.104-2015, SEC.42.
IC 31-34-21-7.7
Permanency plan; guardianship; requirements and terms and
conditions in order; jurisdiction
Sec. 7.7. (a) If the juvenile court approves a permanency plan
under section 7 of this chapter that provides for the appointment of
a guardian for a child, the juvenile court may appoint a guardian of
the person and administer a guardianship for the child under IC 29-3.
(b) If a guardianship of the person proceeding for the child is
pending in a probate court, the probate court shall transfer the
proceeding to the juvenile court.
(c) In creating a guardianship of a minor, a probate or juvenile
court may include in an order the requirements and terms and
conditions described in IC 29-3-8-9(a).
(d) If the juvenile court closes a child in need of services case
after creating a guardianship, the juvenile court order creating the
guardianship survives the closure of the child in need of services
case.
(e) If the juvenile court closes the child in need of services case
after creating a guardianship, the probate court may assume or
reassume jurisdiction of the guardianship and take further action as
necessary.
As added by P.L.217-2001, SEC.11. Amended by P.L.162-2011,
SEC.52.
IC 31-34-21-8
Progress report required before formal hearing
Sec. 8. Before a hearing under section 7 of this chapter, the
department shall prepare a report in accordance with IC 31-34-22 on
the progress made in implementing the dispositional decree.
As added by P.L.1-1997, SEC.17. Amended by P.L.145-2006,
SEC.325; P.L.146-2008, SEC.609.
IC 31-34-21-9
Repealed
(As added by P.L.1-1997, SEC.17. Repealed by P.L.46-2016,
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SEC.16.)
IC 31-34-21-10
Review of child's legal settlement
Sec. 10. (a) This section applies when a juvenile court reviews the
implementation of a decree under this chapter 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 31-34-20-5 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 31-34-20-5, the court
shall make the appropriate findings in its 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.17. Amended by P.L.1-2005, SEC.207.
IC 31-34-21-11
Discharge of child
Sec. 11. 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.17.
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