5.
(a)This section applies to a delinquent
child if the child is placed in an out-of-home residence or facility that
is not a secure detention facility.
(b)The probation department, after negotiating with:
(1)the child's parent, guardian, or custodian; and
(2)any child representatives selected by the child and approved
by the child's probation officer under IC 31-37-19-1.7;
shall complete the child's case plan not later than sixty (60) days after
the date of the child's first placement that the probation department
requests to be paid for by the department.
(c)A copy of the completed case plan shall be sent, not later than
ten (10) days after the date of the completion of the plan, to:
(2)the child's parent, guardian, or custodian;
(3)the child, if the child is a
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5. (a) This section applies to a delinquent
child if the child is placed in an out-of-home residence or facility that
is not a secure detention facility.
(b) The probation department, after negotiating with:
(1) the child's parent, guardian, or custodian; and
(2) any child representatives selected by the child and approved
by the child's probation officer under IC 31-37-19-1.7;
shall complete the child's case plan not later than sixty (60) days after
the date of the child's first placement that the probation department
requests to be paid for by the department.
(c) A copy of the completed case plan shall be sent, not later than
ten (10) days after the date of the completion of the plan, to:
(1) the department;
(2) the child's parent, guardian, or custodian;
(3) the child, if the child is at least fourteen (14) years of age;
(4) any child representatives selected by the child and approved
by the child's probation officer under IC 31-37-19-1.7; and
(5) any agency having the legal responsibility or authorization to
care for, treat, or supervise the child.
(d) A child's case plan must be in a form prescribed by the
department that meets the specifications set by 45 CFR 1356.21, as
amended. The case plan must include a description and discussion of
the following:
(1) A permanency plan for the child and an estimated date for
achieving the goal of the plan. However, a child who is less than
sixteen (16) years of age may not have another planned,
permanent living arrangement as the child's permanency plan.
(2) The appropriate placement for the child based on the child's
special needs and best interests.
(3) The least restrictive family like setting that is close to the
home of the child's parent, custodian, or guardian if out-of-home
placement is implemented or recommended, including
consideration of possible placement with any suitable and willing
relative, before considering other out-of-home placements for the
child.
(4) Family services recommended for the child, parent, guardian,
or custodian.
(5) Efforts already made to provide family services to the child,
parent, guardian, or custodian.
(6) Efforts that will be made to provide family services that are
ordered by the court.
(7) A plan for ensuring the educational stability of the child while
in foster care that includes assurances that the:
(A) placement of the child in foster care considers the
appropriateness of the current educational setting of the child
and the proximity to the school where the child presently is
enrolled; and
(B) department has coordinated with local educational agencies
to ensure:
(i) the child remains in the school where the child is enrolled
at the time of removal; or
(ii) immediate and appropriate enrollment of the child in a
different school, including arrangements for the transfer of
the child's school records to the new school, if remaining in
the same school is not in the best interests of the child.
(8) Any age appropriate activities that the child is interested in
pursuing.
(9) If the case plan is for a child in foster care who is at least
fourteen (14) years of age, the following:
(A) A document that describes the rights of the child with
respect to:
(i) education, health, visitation, and court participation;
(ii) the right to be provided with the child's medical
documents and other medical information; and
(iii) the right to stay safe and avoid exploitation.
(B) A signed acknowledgment by the child that the:
(i) child has been provided with a copy of the document
described in clause (A); and
(ii) rights contained in the document have been explained to
the individual in an age appropriate manner.
(e) The probation department and each caretaker of a child shall
cooperate in the development of the case plan for the child. The
probation department shall discuss with at least one (1) foster parent or
other caretaker of a child the role of the substitute caretaker or facility
regarding the following:
(1) Rehabilitation of the child and the child's parents, guardians,
and custodians.
(2) Visitation arrangements.
(3) Services required to meet the special needs of the child.
(f) The case plan must be reviewed and updated by the probation
department at least once every one hundred eighty (180) days.