§ 31-34-15-7 — Consult with child; selection of child representatives; adviser

(a) For a child who is at least fourteen (14)
years of age, the department shall consult with the child in the
development of the child's case plan or transitional services plan. If the
department determines that the child is unable to participate effectively
in the development of a case plan or transitional services plan due to a
physical, mental, emotional, or intellectual disability, the department
may excuse the child from this requirement by documenting in the plan
the reasons for the child's inability to participate in the development of
the applicable plan. If the child refuses to participate in the
development of the applicable plan for reasons other than a physical,
mental, emotional, or intellectual disability, the department shall record
the refusal and document efforts made to obtain the child's input or
participation in the development of the applicable plan.
(b) The child may select not more than two (2) child representatives
to represent the child in the development of the child's case plan or
transitional services plan. A child representative selected under this
section:
(1) must be:
(A) at least eighteen (18) years of age; and
(B) a member of the case planning team; and
(2) may not be a foster parent of or caseworker for the child.
(c) The child may select one (1) of the child representatives who is
a member of the child's case planning team to also be the child's
adviser and, as necessary, advocate, with respect to the application of
the reasonable and prudent parent standard to the child.
(d) The department may reject an individual selected by a child to
be a member of the case planning team at any time if the department
has good cause to believe that the individual would not act in the best
interests of the child.

Legislative History

As added by P.L.104-2015, SEC.38.