§ 31-41-3-1 — Determination of lead agency

(a) If a child has been adjudicated to be a:
(1) child in need of services under IC 31-34; and
(2) delinquent child under IC 31-37;
unless the court adopts a contrary recommendation by a dual status
assessment team, the court making the later adjudication may
determine if the department of child services or the probation
department of the juvenile court shall be the lead agency that will
supervise the dual status child.
(b) In making a determination under subsection (a), the court shall
consider:
(1) the child's social and family situation;
(2) the child's experiences with the department of child services;
(3) the child's prior adjudications of delinquency;
(4) the recommendations of the dual status assessment team; and
(5) the needs, strengths, and risks of the child.
(c) The court may require the department of child services and the
probation department of the juvenile court to work together in the
supervision of a dual status child and for the purposes of filing a
modification under IC 31-34-23 or IC 31-37-22. If the probation
department of the juvenile court is designated as the lead agency under
this chapter, any recommendations made by the probation department
under this subsection must be consistent with the funding provisions of
IC 31-37.
(d) A court may order any service for a dual status child under this
chapter that is available:
(1) to a child in need of services under IC 31-34; or
(2) to a delinquent child under IC 31-37.

Legislative History

As added by P.L.66-2015, SEC.17. Amended by P.L.187-2015, SEC.35.