§ 31-34-21-5 — Determinations; written findings; permanency plan requirements

(a) Subject to subsection (c), the court shall
determine:
(1) whether the child's case plan, services, and placement meet
the special needs and best interests of the child;
(2) whether the department has made reasonable efforts to
provide family services, unless a finding has been made under
section 5.6 of this chapter that reasonable efforts for family
preservation or reunification are not required; and
(3) a projected date for the child's return home, the child's
adoption placement, the child's emancipation, or the appointment
of a legal guardian for the child under section 7.5(c)(1)(D) of this
chapter.
(b) The determination of the court under subsection (a) must be
based on findings written after consideration of the following:
(1) Whether the department, the child, or the child's parent,
guardian, or custodian has complied with the child's case plan.
(2) Written documentation containing descriptions of:
(A) the family services that have been offered or provided to
the child or the child's parent, guardian, or custodian;
(B) the dates during which the family services were offered or
provided; and
(C) the outcome arising from offering or providing the family
services.
(3) The extent of the efforts made by the department to offer and
provide family services.
(4) The extent to which the parent, guardian, or custodian has
enhanced the ability to fulfill parental obligations.
(5) The extent to which the parent, guardian, or custodian has
visited the child, including the reasons for infrequent visitation.
(6) The extent to which the parent, guardian, or custodian has
cooperated with the department.
(7) The child's recovery from any injuries suffered before
removal.
(8) Whether any additional services are required for the child or
the child's parent, guardian, or custodian and, if so, the nature of
those services.
(9) The extent to which the child has been rehabilitated.
(10) If the child is placed out-of-home, whether the child is in the
least restrictive, most family-like setting, and whether the child is
placed close to the home of the child's parent, guardian, or
custodian.
(11) The extent to which the causes for the child's out-of-home
placement or supervision have been alleviated.
(12) Whether current placement or supervision by the department
should be continued.
(13) The extent to which the child's parent, guardian, or custodian
has participated or has been given the opportunity to participate
in case planning, periodic case reviews, dispositional reviews,
placement of the child, and visitation.
(14) Whether the department has made reasonable efforts to
reunify or preserve a child's family unless reasonable efforts are
not required under section 5.6 of this chapter.
(15) Subject to subsection (c), whether it is an appropriate time to
prepare or implement a permanency plan for the child under
section 7.5 of this chapter.
(16) If:
(A) the child has been in an out-of-home placement at any time
during the child in need of services proceeding; and
(B) the child's dispositional decree includes an order under IC 31-34-20-1(a)(6) requiring the child's parent, guardian, or
custodian to receive reunification services;
the amount of time remaining for the parent, guardian, or
custodian to complete the reunification services under IC 31-34-20-1.6.
(c) The permanency plan for a child who has, at the time of a
periodic case review or permanency hearing, been removed from the
child's parent for at least twelve (12) months of the most recent
twenty-two (22) months, must include at least one (1) intended
permanent or long term arrangement for care and custody of the child
under section 7.5(c) of this chapter other than reunification of the child
with the child's parent, guardian, or custodian.
[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.11; P.L.145-2006, SEC.318; P.L.146-2008, SEC.607; P.L.156-2020, SEC.118; P.L.69-2024, SEC.1; P.L.179-2025, SEC.18.