§ 31-37-18-9 — Findings and conclusions; written findings concerning recommendations; appeal by department

Indiana § 31-37-18-9

• Jurisdiction: Indiana
• Art. 37: JUVENILE LAW: DELINQUENCY
• Ch. 18: Dispositional Hearing

Text

(a) The juvenile court shall accompany the
court's dispositional decree with written findings and conclusions upon
the record concerning approval, modification, or rejection of the
dispositional recommendations submitted in the predispositional
report, including the following specific findings:
(1) The needs of the child for care, treatment, rehabilitation, or
placement.
(2) The need for participation by the parent, guardian, or
custodian in the plan of care for the child.
(3) Efforts made, if the child is removed from the child's parent,
guardian, or custodian, to:
(A) prevent the child's removal from; or
(B) reunite the child with;
the child's parent, guardian, or custodian.
(4) Family services that were offered and provided to:
(A) the child; or
(B) the child's parent, guardian, or custodian.
(5) The court's reasons for the disposition.
(6) Whether the child is a dual status child under IC 31-41.
(b) If the department does not concur with the probation officer's
recommendations in the predispositional report and the juvenile court
does not follow the department's alternative recommendations, the
juvenile court shall:
(1) accompany the court's dispositional decree with written
findings that the department's recommendations contained in the
predispositional report are:
(A) unreasonable based on the facts and circumstances of the
case; or
(B) contrary to the welfare and best interests of the child; and
(2) incorporate all documents referenced in the report submitted
to the probation officer or to the court by the department into the
order so that the documents are part of the record for any appeal
the department may pursue under subsection (d).
(c) The juvenile court may incorporate a finding or conclusion from
a predispositional report as a written finding or conclusion upon the
record in the court's dispositional decree.
(d) If the juvenile court enters findings and a decree under
subsection (b), the department may appeal the juvenile court's decree
under any available procedure provided by the Indiana Rules of Trial
Procedure or Indiana Rules of Appellate Procedure to allow any
disputes arising under this section to be decided in an expeditious
manner.
(e) 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 (d), 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 dispositional decree or
modification order, if the juvenile court has made 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.
[Pre-1997 Recodification Citation: 31-6-4-15.3(i)
part.]

Legislative History

As added by P.L.1-1997, SEC.20. Amended by P.L.55-1997, SEC.34; P.L.146-2006, SEC.56; P.L.146-2008, SEC.646; P.L.131-2009, SEC.70; P.L.48-2012, SEC.72; P.L.66-2015, SEC.16; P.L.156-2020, SEC.122.