§ 31-37-5-8 — Juvenile court submission of proposed service, program, or placement to department; approval or disapproval by department; emergencies; entry of order by juvenile court; appeal by department

(a) This section applies to services and
programs provided to or on behalf of a child alleged to be a delinquent
child at any time before:
(1) entry of a dispositional decree under IC 31-37-19; or
(2) approval of a program of informal adjustment under IC 31-37-9.
(b) Except as provided in subsection (c), before a juvenile court
orders or approves a service, a program, or an out-of-home placement
for a child:
(1) that is recommended by a probation officer or proposed by the
juvenile court;
(2) for which the costs would be payable by the department under
IC 31-40-1-2; and
(3) that has not been approved by the department;
the juvenile court shall submit the proposed service, program, or
placement to the department for consideration. The department shall,
not later than three (3) business days after receipt of the
recommendation or proposal, submit to the court a report stating
whether the department approves or disapproves the proposed service,
program, or placement.
(c) If the juvenile court makes written findings and concludes that
an emergency exists requiring an immediate out-of-home placement to
protect the health and welfare of the child, the juvenile court may order
or authorize implementation of the placement without first complying
with the procedure specified in this section. After entry of an order
under this subsection, the juvenile court shall submit a copy of the
order to the department for consideration under this section of possible
modification or alternatives to the placement and any related services
or programs included in the order.
(d) If the department approves the service, program, or placement
recommended by the probation officer or juvenile court, the juvenile
court may enter an appropriate order to implement the approved
proposal. If the department does not approve a service, program, or
placement recommended by the probation officer or proposed by the
juvenile court, the department may recommend an alternative service,
program, or placement for the child.
(e) 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.
(f) If the juvenile court does not accept the recommendations of the
department in the report submitted under subsection (b), the court:
(1) may enter an order that:
(A) 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
(B) specifically states the reasons why the juvenile court is not
accepting the recommendations of the department, including
the juvenile court's findings under subsection (e); and
(2) must 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 (g).
(g) If the juvenile court enters its findings and order under
subsections (e) and (f), 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.
(h) If the department prevails on an appeal initiated under
subsection (g), 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,
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
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.

Legislative History

As added by P.L.146-2008, SEC.623. Amended by P.L.131-2009, SEC.67; P.L.48-2012, SEC.70; P.L.156-2020, SEC.121.