§ 31-33-8-7 — Scope of assessment by department of child services; order for access to home, school, or other place, or for mental or physical examinations; petition to interview child; order; requirements

(a) The department's assessment, to the extent
that is reasonably possible, must include the following:
(1) The nature, extent, and cause of the known or suspected child
abuse or neglect.
(2) The identity of the person allegedly responsible for the child
abuse or neglect.
(3) The names and conditions of other children in the home.
(4) An evaluation of the parent, guardian, custodian, or person
responsible for the care of the child.
(5) The home environment and the relationship of the child to the
parent, guardian, or custodian or other persons responsible for the
child's care.
(6) All other data considered pertinent.
(b) The assessment may include the following:
(1) A visit to the child's home.
(2) An interview with the subject child:
(A) upon receiving parental consent;
(B) upon receiving a court order; or
(C) if there are exigent circumstances as defined by IC 31-9-2-44.1.
(3) A physical, psychological, or psychiatric examination of any
child in the home.
(c) If:
(1) admission to the home, the school, or any other place that the
child may be; or
(2) permission of the parent, guardian, custodian, or other persons
responsible for the child for the physical, psychological, or
psychiatric examination;
under subsection (b) cannot be obtained, the juvenile court, upon good
cause shown, shall follow the procedures under IC 31-32-12.
(d) If a custodial parent, a guardian, or a custodian of a child refuses
to allow the department to interview the child after the caseworker has
attempted to obtain the consent of the custodial parent, guardian, or
custodian to interview the child, the department may petition a court to
order the custodial parent, guardian, or custodian to make the child
available to be interviewed by the caseworker.
(e) If the court finds that:
(1) a custodial parent, a guardian, or a custodian has been
informed of the hearing on a petition described under subsection
(d); and
(2) the department has made reasonable and unsuccessful efforts
to obtain the consent of the custodial parent, guardian, or
custodian to interview the child;
the court shall specify in the order the efforts the department made to
obtain the consent of the custodial parent, guardian, or custodian and
may grant the motion to interview the child, either with or without the
custodial parent, guardian, or custodian being present.
(f) If the department requests to interview a child at the child's
school, the school, except a nonaccredited nonpublic school that has
less than one (1) employee, shall grant access to the department to
interview the child alone, if the department employee presents:
(1) their credentials as a department case worker, or other proof
of employment with the department, for inspection upon arrival
at the school; and
(2) a written statement that the department "has parental consent
or a court order, or exigent circumstances exist as defined by IC 31-9-2-44.1 to interview [insert child's name]". The written
statement under this subdivision shall not disclose any of the facts
of the allegations or evidence and may be transmitted to the
school electronically.
(g) If the department provides a written statement under subsection
(f)(2), the school shall:
(1) not maintain the written statement in the child's file; and
(2) protect the child and the child's family's confidentiality
regarding the written statement and the interview.
(h) If a parent, guardian, or custodian of a child who is the subject
of a substantiated investigation of abuse or neglect is an active duty
member of the military, the department shall notify the United States
Department of Defense Family Advocacy Program of the assessment
concerning the child of the active duty member of the military upon
request.
[Pre-1997 Recodification Citation: 31-6-11-11(h).]

Legislative History

As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005, SEC.122; P.L.131-2009, SEC.46; P.L.162-2011, SEC.45; P.L.81-2016, SEC.2; P.L.183-2017, SEC.37; P.L.213-2021, SEC.2.