§ 31-34-23-6 — Notice and hearing requirements; change in out-of-home placement

(a) Except as provided in section 3 of this
chapter, before changing a child's out-of-home placement, the
department shall file a motion requesting a change in placement if the
child:
(1) has been in the same out-of-home placement for at least one
(1) year; and
(2) is in:
(A) a foster family home; or
(B) the care of a relative.
(b) The person with whom the child is placed may:
(1) indicate in writing that the person:
(A) does not intend to contest the change of placement under
subsection (a); and
(B) waives the right to request a hearing under subsection (f);
and
(2) provide the writing to:
(A) the department; or
(B) the court.
(c) If the department files the motion described in subsection (a), the
department shall give notice to all persons affected. The department's
notice must state that the person affected may file a written objection
not later than ten (10) days after service of the department's notice.
(d) If a writing described in subsection (b)(1) is provided to the
department before the department files the motion described in
subsection (a), the department may file the writing with the motion
requesting a change in placement.
(e) If the court receives the writing described in subsection (b), the
court may rule on the department's motion without delay.
(f) If the person affected files a timely objection to the department's
motion requesting a change in out-of-home placement, the juvenile
court shall hold a hearing on the question.
(g) The department must show that the change in out-of-home
placement is in the best interests of the child.

Legislative History

As added by P.L.172-2022, SEC.12. Amended by P.L.105-2022, SEC.46.