§ 31-37-20-2 — Periodic review of case; requirements concerning another planned permanent living arrangement

Indiana § 31-37-20-2

• Jurisdiction: Indiana
• Art. 37: JUVENILE LAW: DELINQUENCY
• Ch. 20: Review of Dispositional Decrees; Formal Review

Text

(a) The court shall hold a formal hearing:
(1) every twelve (12) months after:
(A) the date of the original dispositional decree; or
(B) a delinquent child was removed from the child's parent,
guardian, or custodian;
whichever occurs first; or
(2) more often if ordered by the juvenile court.
(b) The court shall determine whether the dispositional decree
should be modified and whether the present placement is in the best
interest of the child. The court, in making the court's determination,
may consider the following:
(1) The services that have been provided or offered to a parent,
guardian, or custodian to facilitate a reunion.
(2) The extent to which the parent, guardian, or custodian has
enhanced the ability to fulfill parental obligations.
(3) The extent to which the parent, guardian, or custodian has
visited the child, including the reasons for infrequent visitation.
(4) The extent to which the parent, guardian, or custodian has
cooperated with the probation department.
(5) The child's recovery from any injuries suffered before
removal.
(6) Whether additional services are required for the child or the
child's parent, guardian, or custodian and, if so, the nature of the
services.
(7) The extent to which the child has been rehabilitated.
(c) A review of the dispositional decree will be held at least once
every six (6) months, or more often, if ordered by the court. At the
review, the court shall determine whether or not the probation
department has made reasonable efforts to finalize a permanency plan
for the child, if required under IC 31-37-19-1.5.
(d) For children who have a permanency plan of another planned
permanent living arrangement, the court shall:
(1) require the probation officer to document or provide testimony
regarding the intensive, ongoing, and, as of the date of the
hearing, unsuccessful efforts made by the probation officer 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;
(2) ask the child about the desired permanency outcome for the
child and document the child's response;
(3) 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; and
(4) require the probation officer to document or provide testimony
regarding the steps the probation officer 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 by
consulting with the child in an age appropriate manner about
the opportunities of the child to participate in the activities.
[Pre-1997 Recodification Citation: 31-6-4-19(h).]

Legislative History

As added by P.L.1-1997, SEC.20. Amended by P.L.145-2006, SEC.349; P.L.146-2008, SEC.655; P.L.104-2015, SEC.46.