2017 Indiana Code
TITLE 31. Family Law and Juvenile Law
ARTICLE 32. JUVENILE LAW: JUVENILE COURT PROCEDURES
CHAPTER 3. Guardians Ad Litem and Court Appointed Special Advocates
31-32-3-11. Voluntary preventative program for at-risk children; criminal history check of staff and early intervention advocate; authorized actions; confidential information; request for assistance; civil and criminal immunity

     Sec. 11. (a) A juvenile court may establish a voluntary preventative program for at-risk children.

     (b) A juvenile court that establishes a program under subsection (a) may, after conducting a criminal history check of every individual who is likely to have contact with a child, appoint staff and an early intervention advocate to implement, coordinate, and carry out the purposes of the program. The court may not appoint an individual under this subsection if the results of the criminal history check disclose that the individual has a record of:

(1) a conviction for a felony;

(2) a conviction for a misdemeanor relating to the health and safety of a child; or

(3) a juvenile adjudication for an act that, if committed by an adult, would be a nonwaivable offense, as defined in IC 31-9-2-84.8.

     (c) The program staff or an early intervention advocate appointed under subsection (b) may:

(1) receive information concerning an at-risk child from any person; and

(2) use the information received under subdivision (1) to create, implement, and maintain an individualized plan for the at-risk child and the child's family if the child's parent, guardian, or custodian has consented to the participation of the child in the program. The individualized plan created under this subdivision may include a program of counseling, tutoring, or mentoring.

     (d) All information received under the program by the program staff or an early intervention advocate:

(1) is confidential; and

(2) may be disclosed only to the following:

(A) Program staff or an early intervention advocate appointed to the program under subsection (b).

(B) Any person or entity engaged by a person described in clause (A) in creating, implementing, and maintaining a plan for an at-risk child and the child's family.

(C) The juvenile court.

     (e) The privileged communication between:

(1) a husband and wife;

(2) a health care provider and the health care provider's patient;

(3) a juvenile client and a:

(A) licensed social worker;

(B) licensed clinical social worker;

(C) licensed marriage and family therapist;

(D) licensed mental health counselor;

(E) licensed addiction counselor; or

(F) licensed clinical addiction counselor;

(4) a school counselor and a student; or

(5) a school psychologist and a student;

may not prevent an individual described in this subsection from reporting to, requesting assistance from, or cooperating with program staff or an early intervention advocate under this section.

     (f) Any individual may request that a child receive assistance under a program established under subsection (a) if the individual believes a child may be an at-risk child.

     (g) After receiving a request that a child receive assistance under a program described in subsection (a), or after receiving information that a child may be an at-risk child, program staff or an early intervention advocate shall determine whether the child would benefit from the program. If the program staff or early intervention advocate determines that the child would benefit from the program, the staff or early intervention advocate shall inform the parent, guardian, or custodian of the determination and request that the parent, guardian, or custodian permit the child to participate in the program. The child (and the parent, guardian, or custodian) may participate in the program only with the consent of the parent, guardian, or custodian.

     (h) A person who:

(1) makes a good faith request under subsection (f);

(2) in good faith provides information concerning a child to program staff or an early intervention advocate appointed under subsection (b); or

(3) in good faith participates in a plan under this section;

is immune from civil or criminal liability.

     (i) Except as provided under IC 31-33-5, no information received under the program by the program staff or an early intervention advocate may be used against the child in a criminal or civil proceeding.

As added by P.L.183-2011, SEC.8. Amended by P.L.183-2017, SEC.30.