CHAPTER 15. CASE PLAN
IC 31-34-15
Chapter 15. Case Plan
IC 31-34-15-1
Requirement of case plan
Sec. 1. In accordance with federal law, a case plan is required foreach child in need of services who is under the supervision of thecounty as a result of:
(1) out-of-home placement; or
(2) issuance of a dispositional decree under IC 31-34-20.
As added by P.L.1-1997, SEC.17.
IC 31-34-15-2
Time for completion
Sec. 2. The department, after negotiating with the child's parent,guardian, or custodian, shall complete a child's case plan not laterthan sixty (60) days after:
(1) the date of the child's first placement; or
(2) the date of a dispositional decree;
whichever comes first.
As added by P.L.1-1997, SEC.17. Amended by P.L.145-2006,SEC.302.
IC 31-34-15-3
Provision of copy of completed case plan
Sec. 3. A copy of the completed case plan shall be sent to thechild's parent, guardian, or custodian and to an agency having thelegal responsibility or authorization to care for, treat, or supervise thechild not later than ten (10) days after the plan's completion.
As added by P.L.1-1997, SEC.17. Amended by P.L.146-2008,SEC.595.
IC 31-34-15-4
Form; contents
Sec. 4. A child's case plan must be set out in a form prescribed bythe department that meets the specifications set by 45 CFR 1356.21.The case plan must include a description and discussion of thefollowing:
(1) A permanent plan for the child and an estimated date forachieving the goal of the plan.
(2) The appropriate placement for the child based on the child'sspecial needs and best interests.
(3) The least restrictive family-like setting that is close to thehome of the child's parent, custodian, or guardian ifout-of-home placement is recommended. If an out-of-homeplacement is appropriate, the county office or department shallconsider whether a child in need of services should be placedwith the child's suitable and willing blood or adoptive relativecaretaker, including a grandparent, an aunt, an uncle, or an adultsibling, 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 areordered by the court.
(7) A plan for ensuring the educational stability of the childwhile in foster care that includes assurances that the:
(A) placement of the child in foster care considers theappropriateness of the current educational setting of thechild and the proximity to the school where the child ispresently enrolled; and
(B) department has coordinated with local educationalagencies to ensure:
(i) the child remains in the school where the child isenrolled at the time of removal; or
(ii) immediate, appropriate enrollment of the child in adifferent school, including arrangements for the transfer ofthe child's school records to the new school, if remainingin the same school is not in the best interests of the child.
As added by P.L.1-1997, SEC.17. Amended by P.L.145-2006,SEC.303; P.L.131-2009, SEC.64.
IC 31-34-15-5
Cooperation in development of plan
Sec. 5. Each foster parent of a child and the department shallcooperate in the development of the case plan for the child. Thedepartment shall discuss with at least one (1) foster parent of a childthe foster parent's role 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.
As added by P.L.1-1997, SEC.17. Amended by P.L.145-2006,SEC.304.
IC 31-34-15-6
Filing of paternity action by local prosecuting attorney's office
Sec. 6. (a) This section applies whenever a child who was bornout of wedlock is:
(1) or is alleged to be a child in need of services; and
(2) under the supervision of the department or a county officeas a result of a court ordered out-of-home placement.
(b) The department or the county office shall refer a child's caseto the local prosecuting attorney's office for the filing of a paternityaction if the:
(1) identity of the alleged father is known; and
(2) department or the county office reasonably believes thatestablishing the paternity of the child would be beneficial to the
child.
The local prosecuting attorney's office shall file a paternity actionregarding each case that is referred under this subsection. Thedepartment shall sign the paternity petition as the child's next friend.
As added by P.L.103-1997, SEC.5. Amended by P.L.145-2006,SEC.305.