§ 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

Indiana § 31-32-3-11

• Jurisdiction: Indiana
• Art. 32: JUVENILE LAW: JUVENILE COURT
• Ch. 3: Guardians Ad Litem and Court Appointed Special

Text

(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.

Legislative History

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