§ 31-34-4-7 — Court submission of certain proposed services, programs, and out-of-home placement to department; approval or disapproval by department; court orders; appeal by department

Indiana § 31-34-4-7

• Jurisdiction: Indiana
• Art. 34: JUVENILE LAW: CHILDREN IN NEED OF
• Ch. 4: Temporary Placement of Child Taken Into Custody

Text

(a) This section applies to services and
programs provided to or on behalf of a child alleged to be a child in
need of services at any time before:
(1) entry of a dispositional decree under IC 31-34-20; or
(2) approval of a program of informal adjustment under IC 31-34-8.
(b) Before a juvenile court orders or approves a service, a program,
or an out-of-home placement for a child that has not been
recommended by the department, the court shall submit the proposed
service, program, or placement to the department for consideration.
The department shall, within three (3) business days after receipt of the
court's proposal, submit to the court a report stating whether the
department approves or disapproves the proposed service, program, or
placement.
(c) If the department approves the service, program, or placement
recommended by the juvenile court, the court may enter an appropriate
order to implement the approved proposal. If the department does not
approve a service, program, or placement proposed by the juvenile
court, the department may recommend an alternative service, program,
or placement for the child.
(d) The juvenile court shall accept the recommendations of the
department regarding any predispositional services, programs, or
placement for the child, unless the juvenile court finds a
recommendation is:
(1) unreasonable, based on the facts and circumstances of the
case; or
(2) contrary to the welfare and best interests of the child.
(e) If the juvenile court does not accept the recommendations of the
department in the report submitted under subsection (b), the court may
enter an order that:
(1) requires the department to provide a specified service,
program, or placement until entry of a dispositional decree or
until the order is otherwise modified or terminated; and
(2) specifically states the reasons why the juvenile court is not
accepting the recommendations of the department, including the
court's findings under subsection (d).
(f) If the juvenile court enters its findings and order under
subsection (e), the department may appeal the juvenile court's order
under any available procedure provided by the Indiana Rules of Trial
Procedure or the Indiana Rules of Appellate Procedure to allow any
disputes arising under this section to be decided in an expeditious
manner.
(g) If the department prevails on appeal, the department shall pay
the following costs and expenses incurred by or on behalf of the child
before the date of the final decision:
(1) Any programs or services implemented during the appeal
initiated under subsection (f), other than the cost of an
out-of-home placement ordered by the juvenile court.
(2) Any out-of-home placement ordered by the juvenile court and
implemented after entry of the court order of placement, if the
juvenile court order includes written findings that the placement
is an emergency required to protect the health and welfare of the
child.
If the court has not made written findings that the placement is an
emergency, the department shall file a notice with the office of judicial
administration.

Legislative History

As added by P.L.146-2008, SEC.579. Amended by P.L.48-2012, SEC.57; P.L.156-2020, SEC.116.