§ 31-34-21-4 — Notice of case review; testimony in periodic case review

(a) Except as provided in subsection (f), at
least seven (7) days before the periodic case review, including a case
review that is a permanency hearing under section 7 of this chapter, the
department shall provide notice of the review to each of the following:
(1) The child's parent, guardian, or custodian.
(2) An attorney who has entered an appearance on behalf of the
child's parent, guardian, or custodian.
(3) A prospective adoptive parent named in a petition for adoption
of the child filed under IC 31-19-2 if:
(A) each consent to adoption of the child that is required under
IC 31-19-9-1 has been executed in the form and manner
required by IC 31-19-9 and filed with the local office;
(B) the court having jurisdiction in the adoption case has
determined under any applicable provision of IC 31-19-9 that
consent to adoption is not required from a parent, guardian, or
custodian; or
(C) a petition to terminate the parent-child relationship between
the child and any parent who has not executed a written consent
to adoption under IC 31-19-9-2 has been filed under IC 31-35
and is pending.
(4) The child's foster parent or long term foster parent.
(5) Any other person who:
(A) the department has knowledge is currently providing care
for the child; and
(B) is not required to be licensed under IC 12-17.2 or IC 31-27
to provide care for the child.
(6) Any other suitable relative or person whom the department
knows has had a significant or caretaking relationship to the child.
(b) The department shall present proof of service of the notice
required by subsection (a) at the periodic case review.
(c) The department shall provide notices under this section as
provided in IC 31-32-1-4.
(d) The court shall provide to a person described in subsection (a)
an opportunity to be heard and to make any recommendations to the
court in a periodic case review, including a permanency hearing under
section 7 of this chapter. The right to be heard and to make
recommendations under this subsection includes:
(1) the right of a person described in subsection (a) to submit a
written statement to the court that, if served upon all parties to the
child in need of services proceeding and the persons described in
subsection (a), may be made a part of the court record; and
(2) the right to present oral testimony to the court and cross
examine any of the witnesses at the hearing.
(e) The department and the office of judicial administration, in
collaboration with foster parents and other stakeholders, shall prepare
a form that may be used to provide written testimony to the court under
this section. The department shall post the form on the department's
website. Foster parents may provide written testimony to the court in
a format other than the form described in this subsection.
(f) Except as provided in subsection (g), this section does not
exempt the department from sending a notice of the review to each
party to the child in need of services proceeding.
(g) If the parent of a safe haven infant does not disclose the parent's
name as allowed by IC 31-34-2.5-1(c), the parent is not required to be
notified of a proceeding described in subsection (a).
[Pre-1997 Recodification Citation: 31-6-4-19(b)
part.]

Legislative History

As added by P.L.1-1997, SEC.17. Amended by P.L.35-1998, SEC.10; P.L.133-2000, SEC.6; P.L.217-2001, SEC.9; P.L.152-2003, SEC.2; P.L.145-2006, SEC.316; P.L.72-2008, SEC.3; P.L.128-2012, SEC.167; P.L.210-2019, SEC.12; P.L.30-2025, SEC.7.