§ 31-34-21-7 — Deadline for permanency hearing; permanency plans; continuing juvenile court jurisdiction

Indiana § 31-34-21-7

• Jurisdiction: Indiana
• Art. 34: JUVENILE LAW: CHILDREN IN NEED OF
• Ch. 21: Review of Dispositional Decrees; Formal Review

Text

(a) The court shall hold a permanency
hearing:
(1) not more than thirty (30) days after a court finds that
reasonable efforts to reunify or preserve a child's family are not
required as described in section 5.6 of this chapter;
(2) every twelve (12) months after:
(A) the date of the original dispositional decree; or
(B) a child in need of services was removed from the child's
parent, guardian, or custodian;
whichever comes first;
(3) if:
(A) the child has been removed from the child's parent,
guardian, or custodian for at least twelve (12) months; or
(B) at least twelve (12) months have expired since the date on
which the child's dispositional decree was entered;
at the request of any party to the child in need of services
proceeding that requests the permanency hearing on the basis that
continuation of efforts to reunify or preserve the family are
inconsistent with the best interests of the child; or
(4) more often if ordered by the juvenile court.
(b) The court shall:
(1) make the determination and findings required by section 5 of
this chapter;
(2) consider the question of continued jurisdiction and whether
the dispositional decree should be modified;
(3) consider recommendations of persons listed under section 4
of this chapter, before approving a permanency plan under
subdivision (5);
(4) consult with the child in person, or through an interview with
or written statement or report submitted by:
(A) a guardian ad litem or court appointed special advocate for
the child;
(B) a case manager; or
(C) the person with whom the child is living and who has
primary responsibility for the care and supervision of the child;
in an age appropriate manner as determined by the court,
regarding the proposed permanency plan;
(5) consider and approve a permanency plan for the child:
(A) that complies with the requirements set forth in section 7.5
of this chapter; and
(B) if the child has, at the time of the permanency hearing, been
removed from the child's parent for at least twelve (12) months
of the most recent twenty-two (22) months, that includes 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 that would not return the child to the care and custody
of the parent, guardian, or custodian from whose care and
custody the child has been removed;
(6) determine whether an existing permanency plan must be
modified; and
(7) examine procedural safeguards used by the department to
protect parental rights.
(c) If a child is less than sixteen (16) years of age, the intended
permanent or long term arrangement for care and custody of the child
under section 7.5(c) of this chapter may be guardianship or placement
with a permanent custodian only if the proposed guardian or custodian
appears before the court and testifies as to the individual's willingness
to assume custody of the child.
(d) If the child is at least sixteen (16) years of age and the proposed
permanency plan provides for another planned permanent living
arrangement, the court shall, at each permanency hearing, do all the
following:
(1) Require the department to provide notice of the permanency
hearing to the child, in accordance with section 4(a) of this
chapter.
(2) Provide to the child an opportunity to be heard and to make
recommendations to the court, in accordance with section 4(d) of
this chapter.
(3) Require the department to document or provide testimony
regarding the intensive, ongoing, and, as of the date of the
hearing, unsuccessful efforts made by the department to return the
child home or secure a placement for the child with a fit and
willing relative, legal guardian, or adoptive parent, including
efforts through the use of search technology, such as social media,
to find biological or adoptive family members for the child.
(4) Ask the child about the desired permanency outcome for the
child and document the child's response.
(5) Make a judicial determination explaining why, as of the date
of the hearing, another planned permanent living arrangement is
the best permanency plan for the child and provide compelling
reasons why it continues to not be in the best interests of the child
to:
(A) return home;
(B) be placed for adoption;
(C) be placed with a legal guardian; or
(D) be placed with a fit and willing relative.
(6) Require the department to document or provide testimony
regarding the steps the department is taking to ensure that:
(A) the child's foster family home, group home, secure private
facility, or child caring institution is following the reasonable
and prudent parent standard; and
(B) the child has regular, ongoing opportunities to engage in
age or developmentally appropriate activities, including
consulting with the child in an age appropriate manner about
the opportunities for the child to participate in the activities.
(e) There is a rebuttable presumption that jurisdiction over the child
in a child in need of services proceeding continues for not longer than
twelve (12) months after the date of the original dispositional decree or
twelve (12) months after the child in need of services was removed
from the child's parent, guardian, or custodian, whichever occurs first.
The state may rebut the presumption and show that jurisdiction should
continue by proving that the objectives of the dispositional decree have
not been accomplished, that a continuation of the decree with or
without any modifications is necessary, and that it is in the child's best
interests for the court to maintain its jurisdiction over the child. If the
department does not sustain its burden for continued jurisdiction, the
court shall:
(1) direct the department to establish a permanency plan within
thirty (30) days; or
(2) discharge the child and the child's parent, guardian, or
custodian.
The court may retain jurisdiction to the extent necessary to carry out
any orders under subdivision (1).
[Pre-1997 Recodification Citation: 31-6-4-19(c).]

Legislative History

As added by P.L.1-1997, SEC.17. Amended by P.L.35-1998, SEC.16; P.L.1-1999, SEC.63; P.L.14-2000, SEC.64; P.L.145-2006, SEC.322; P.L.138-2007, SEC.74; P.L.72-2008, SEC.4; P.L.104-2015, SEC.40; P.L.69-2024, SEC.2; P.L.179-2025, SEC.20.