2020 Indiana Code
Title 31. Family Law and Juvenile Law
Article 41. Dual Status
Chapter 3. Determination of Lead Agency
31-41-3-1. Determination of Lead Agency

Sec. 1. (a) If a child has been adjudicated to be a:

(1) child in need of services under IC 31-34; and

(2) delinquent child under IC 31-37;

unless the court adopts a contrary recommendation by a dual status assessment team, the court making the later adjudication may determine if the department of child services or the probation department of the juvenile court shall be the lead agency that will supervise the dual status child.

(b) In making a determination under subsection (a), the court shall consider:

(1) the child's social and family situation;

(2) the child's experiences with the department of child services;

(3) the child's prior adjudications of delinquency;

(4) the recommendations of the dual status assessment team; and

(5) the needs, strengths, and risks of the child.

(c) The court may require the department of child services and the probation department of the juvenile court to work together in the supervision of a dual status child and for the purposes of filing a modification under IC 31-34-23 or IC 31-37-22. If the probation department of the juvenile court is designated as the lead agency under this chapter, any recommendations made by the probation department under this subsection must be consistent with the funding provisions of IC 31-37.

(d) A court may order any service for a dual status child under this chapter that is available:

(1) to a child in need of services under IC 31-34; or

(2) to a delinquent child under IC 31-37.

As added by P.L.66-2015, SEC.17. Amended by P.L.187-2015, SEC.35.