This text of Indiana § 31-34-20-1.5 (Placement in household with certain individuals prohibited; criminal
history checks; exceptions; considerations) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
5.
(a)Except as provided in subsection (d),
the juvenile court may not enter a dispositional decree approving or
ordering placement of a child in another home under section 1(a)(3) of
this chapter or awarding wardship to the department that will place the
child in another home under section 1(a)(4) of this chapter if a person
who is currently residing in the home in which the child would be
placed under section 1(a)(3) or 1(a)(4) of this chapter has committed
an act resulting in a substantiated report of child abuse or neglect, has
a juvenile adjudication for an act that would be a nonwaivable offense,
as defined in IC 31-9-2-84.8 if committed by an adult, or has a
conviction for a nonwaivable offense, as defined in IC 31-9-2-84.8.
(b)The department or caseworker who prepared the predisp
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5. (a) Except as provided in subsection (d),
the juvenile court may not enter a dispositional decree approving or
ordering placement of a child in another home under section 1(a)(3) of
this chapter or awarding wardship to the department that will place the
child in another home under section 1(a)(4) of this chapter if a person
who is currently residing in the home in which the child would be
placed under section 1(a)(3) or 1(a)(4) of this chapter has committed
an act resulting in a substantiated report of child abuse or neglect, has
a juvenile adjudication for an act that would be a nonwaivable offense,
as defined in IC 31-9-2-84.8 if committed by an adult, or has a
conviction for a nonwaivable offense, as defined in IC 31-9-2-84.8.
(b) The department or caseworker who prepared the predispositional
report shall conduct a criminal history check (as defined in IC 31-9-2-22.5) to determine if a person described in subsection (a) has
committed an act resulting in a substantiated report of child abuse or
neglect, has a juvenile adjudication for an act that would be a
nonwaivable offense, as defined in IC 31-9-2-84.8 if committed by an
adult, or has a conviction for a nonwaivable offense, as defined in IC 31-9-2-84.8. However, the department or caseworker is not required to
conduct a criminal history check under this section if criminal history
information under IC 31-34-4-2 or IC 31-34-18-6.1 establishes whether
a person described in subsection (a) has committed an act resulting in
a substantiated report of child abuse or neglect, has a juvenile
adjudication for an act that would be a nonwaivable offense, as defined
in IC 31-9-2-84.8 if committed by an adult, or has a conviction for a
nonwaivable offense, as defined in IC 31-9-2-84.8.
(c) The department or caseworker is not required to conduct a
criminal history check under this section if:
(1) the department or caseworker is considering only an
out-of-home placement to an entity or a facility that:
(A) is not a residence (as defined in IC 3-5-2.1-90); or
(B) is licensed by the state; or
(2) placement under this section is undetermined at the time the
predispositional report is prepared.
(d) A juvenile court may enter a dispositional decree that approves
placement of a child in another home or award wardship to the
department that will place the child in a home with a person described
in subsection (a) if:
(1) the person described in subsection (a) has:
(A) committed an act resulting in a substantiated report of child
abuse or neglect;
(B) been convicted of:
(i) battery (IC 35-42-2-1);
(ii) criminal recklessness (IC 35-42-2-2) as a felony;
(iii) criminal confinement (IC 35-42-3-3) as a felony;
(iv) arson (IC 35-43-1-1) as a felony;
(v) nonsupport of a dependent child (IC 35-46-1-5);
(vi) operating a motorboat while intoxicated (IC 35-46-9-6)
as a felony;
(vii) a felony involving a weapon under IC 35-47;
(viii) a felony relating to controlled substances under IC 35-48-4; or
(ix) a felony under IC 9-30-5;
if the conviction did not occur within the past five (5) years; or
(C) had a juvenile adjudication for a nonwaivable offense, as
defined in IC 31-9-2-84.8 that, if committed by an adult, would
be a felony; and
(2) the person's commission of the offense, delinquent act, or act
of abuse or neglect described in subdivision (1) is not relevant to
the person's present ability to care for a child, and placing a child
in another home or awarding wardship to the department is in the
best interest of the child.
However, a court may not enter a dispositional decree that approves
placement of a child in another home or awards wardship to the
department if the person has been convicted of a nonwaivable offense,
as defined in IC 31-9-2-84.8 that is not specifically excluded under
subdivision (1)(B).
(e) In considering the placement under subsection (d), the court
shall consider the following:
(1) The length of time since the person committed the offense,
delinquent act, or act that resulted in the substantiated report of
abuse or neglect.
(2) The severity of the offense, delinquent act, or abuse or neglect.
(3) Evidence of the person's rehabilitation, including the person's
cooperation with a treatment plan, if applicable.