5.
(a)Except as provided in subsection (d),
the juvenile court may not enter a dispositional decree approving
placement of a child in another home under section 1(a)(3) or
6(b)(2)(D) of this chapter or awarding wardship to a person or facility
that results in a placement with a person under section 1(a)(4) or
6(b)(2)(E) of this chapter if a person who is currently residing in the
home in which the child would be placed under section 1(a)(3), 1(a)(4),
6(b)(2)(D), or 6(b)(2)(E) of this chapter has committed an act resulting
in a substantiated report of child abuse or neglect, has a juvenile
adjudication for an act that would be a nonwaivable offense, as defined
in IC 31-9-2-84.8 if committed by an adult, or has a conviction for a
nonwaivable offense, as defined in IC 31-9-2-84.8.
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5. (a) Except as provided in subsection (d),
the juvenile court may not enter a dispositional decree approving
placement of a child in another home under section 1(a)(3) or
6(b)(2)(D) of this chapter or awarding wardship to a person or facility
that results in a placement with a person under section 1(a)(4) or
6(b)(2)(E) of this chapter if a person who is currently residing in the
home in which the child would be placed under section 1(a)(3), 1(a)(4),
6(b)(2)(D), or 6(b)(2)(E) of this chapter has committed an act resulting
in a substantiated report of child abuse or neglect, has a juvenile
adjudication for an act that would be a nonwaivable offense, as defined
in IC 31-9-2-84.8 if committed by an adult, or has a conviction for a
nonwaivable offense, as defined in IC 31-9-2-84.8.
(b) The juvenile probation officer who prepared the predispositional
report shall conduct a criminal history check (as defined in IC 31-9-2-22.5) to determine if a person described in subsection (a) has
committed an act resulting in a substantiated report of child abuse or
neglect, has a juvenile adjudication for an act that would be a
nonwaivable offense, as defined in IC 31-9-2-84.8 if committed by an
adult, or has a conviction for a nonwaivable offense, as defined in IC 31-9-2-84.8. However, the probation officer is not required to conduct
a criminal history check under this section if criminal history
information obtained under IC 31-37-17-6.1 establishes whether a
person described in subsection (a) has committed an act resulting in a
substantiated report of child abuse or neglect, has a juvenile
adjudication for an act that would be a nonwaivable offense, as defined
in IC 31-9-2-84.8 if committed by an adult, or has a conviction for a
nonwaivable offense, as defined in IC 31-9-2-84.8.
(c) The juvenile probation officer is not required to conduct a
criminal history check under this section if:
(1) the probation officer is considering only an out-of-home
placement to an entity or a facility that:
(A) is not a residence (as defined in IC 3-5-2.1-90); or
(B) is licensed by the state; or
(2) placement under this section is undetermined at the time the
predispositional report is prepared.
(d) The juvenile court may enter a dispositional decree approving
placement of a child in another home under section 1(a)(3) or
6(b)(2)(D) of this chapter or awarding wardship to a person or facility
that results in a placement with a person under section 1(a)(4) or
6(b)(2)(E) of this chapter if:
(1) a person described in subsection (a) has:
(A) committed an act resulting in a substantiated report of child
abuse or neglect;
(B) been convicted of:
(i) a felony under IC 9-30-5;
(ii) battery (IC 35-42-2-1);
(iii) criminal recklessness (IC 35-42-2-2) as a felony;
(iv) criminal confinement (IC 35-42-3-3) as a felony;
(v) arson (IC 35-43-1-1) as a felony;
(vi) nonsupport of a dependent child (IC 35-46-1-5);
(vii) operating a motorboat while intoxicated (IC 35-46-9-6)
as a felony;
(viii) a felony involving a weapon under IC 35-47; or
(ix) a felony relating to controlled substances under IC 35-48-4;
if the conviction did not occur within the past five (5) years; or
(C) had a juvenile adjudication for a nonwaivable offense, as
defined in IC 31-9-2-84.8 that, if committed by an adult, would
be a felony; and
(2) the person's commission of the offense, delinquent act, or act
of abuse or neglect described in subdivision (1) is not relevant to
the person's present ability to care for a child, and placing the
child in another home is in the best interest of the child.
However, a court may not enter a dispositional decree placing a child
in another home under section 1(a)(3) or 6(b)(2)(D) of this chapter or
awarding wardship to a person or facility under this subsection if a
person with whom the child is or will be placed has been convicted of
a nonwaivable offense, as defined in IC 31-9-2-84.8 that is not
specifically excluded under subdivision (1)(B).
(e) In considering the placement under subsection (d), the court
shall consider the following:
(1) The length of time since the person committed the offense,
delinquent act, or act that resulted in the substantiated report of
abuse or neglect.
(2) The severity of the offense, delinquent act, or abuse or neglect.
(3) Evidence of the person's rehabilitation, including the person's
cooperation with a treatment plan, if applicable.