CHAPTER 18. PREDISPOSITIONAL REPORT
IC 31-34-18
Chapter 18. Predispositional Report
IC 31-34-18-1
Predispositional report; recommendation of care, treatment, orrehabilitation of child; alternative reports
Sec. 1. (a) Upon finding that a child is a child in need of services,the juvenile court shall order the department or a caseworker toprepare a predispositional report that contains a:
(1) statement of the needs of the child for care, treatment,rehabilitation, or placement; and
(2) recommendation for the care, treatment, rehabilitation, orplacement of the child.
(b) Any of the following may prepare an alternative report forconsideration by the court:
(1) The child.
(2) The child's:
(A) parent;
(B) guardian;
(C) guardian ad litem;
(D) court appointed special advocate; or
(E) custodian.
As added by P.L.1-1997, SEC.17. Amended by P.L.55-1997, SEC.14;P.L.146-2008, SEC.597.
IC 31-34-18-1.1
Consultation with experts; participants in conference
Sec. 1.1. (a) The person preparing the report under section 1 ofthis chapter:
(1) may; or
(2) if directed by the court, shall;
confer with individuals who have expertise in professional areasrelated to the child's needs in the areas of appropriate care, treatment,rehabilitation, or placement for a child in need of services.
(b) A conference held under this section may includerepresentatives of the following:
(1) The child's school.
(2) The probation department.
(3) The department.
(4) A community mental health center located in the child'scounty of residence.
(5) A community mental retardation and other developmentaldisabilities center located in the child's county of residence.
(6) Other persons as the court may direct.
As added by P.L.55-1997, SEC.15. Amended by P.L.145-2006,SEC.307.
IC 31-34-18-1.2
Mandatory attendance of child's school representative atconference Sec. 1.2. If a child in need of services is known to be eligible forspecial education services or placement under IC 20-35 and 511 IAC7, the conference described in section 1.1 of this chapter mustinclude a representative from the child's school.
As added by P.L.55-1997, SEC.16. Amended by P.L.1-2005,SEC.204.
IC 31-34-18-1.3
Reports by meeting participants
Sec. 1.3. (a) The individuals participating in a meeting describedin section 1.1 of this chapter shall assist the person preparing thereport in recommending the care, treatment, rehabilitation, orplacement of the child.
(b) The individuals shall inform the person preparing the reportof resources and programs that are available for the child.
As added by P.L.55-1997, SEC.17.
IC 31-34-18-2
Predispositional report; participation by parent, guardian, orcustodian; out-of-home placement with blood or adoptive relativecaretaker
Sec. 2. (a) In addition to providing the court with arecommendation for the care, treatment, or rehabilitation of the child,the person preparing the report shall consider the necessity, nature,and extent of the participation by a parent, guardian, or custodian ina program of care, treatment, or rehabilitation for the child.
(b) If the department or caseworker believes that an out-of-homeplacement would be appropriate for a child in need of services, thedepartment or caseworker shall consider whether the child should beplaced with 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 thechild.
As added by P.L.1-1997, SEC.17. Amended by P.L.146-2008,SEC.598.
IC 31-34-18-3
Financial reports
Sec. 3. The department or caseworker shall also prepare afinancial report on the parent or the estate of the child to assist thejuvenile court in determining the person's financial responsibility forservices provided for the child or the person.
As added by P.L.1-1997, SEC.17. Amended by P.L.146-2008,SEC.599.
IC 31-34-18-4
Recommendation on care, treatment, rehabilitation, or placement
Sec. 4. If consistent with the safety and best interest of the childand the community, the person preparing the report shall recommendcare, treatment, rehabilitation, or placement that: (1) is:
(A) in the least restrictive (most family like) and mostappropriate setting available; and
(B) close to the parents' home, consistent with the bestinterest and special needs of the child;
(2) least interferes with family autonomy;
(3) is least disruptive of family life;
(4) imposes the least restraint on the freedom of the child andthe child's parent, guardian, or custodian; and
(5) provides a reasonable opportunity for participation by thechild's parent, guardian, or custodian.
As added by P.L.1-1997, SEC.17. Amended by P.L.55-1997, SEC.18.
IC 31-34-18-5
Examinations
Sec. 5. The juvenile court may do the following:
(1) Authorize any examination of the child under IC 31-32-12.
(2) Make provision for similar examination of the parent,guardian, or custodian if the person gives consent.
As added by P.L.1-1997, SEC.17.
IC 31-34-18-6
Disclosure
Sec. 6. (a) Predispositional reports shall be made available withina reasonable time before the dispositional hearing, unless thejuvenile court determines on the record that the reports containinformation that should not be released to the child or the child'sparent, guardian, or custodian.
(b) The court shall provide a copy of the report to:
(1) each attorney, guardian ad litem, or court appointed specialadvocate representing the child; and
(2) each attorney representing the child's parent, guardian, orcustodian.
(c) The court may provide a factual summary of the report to:
(1) the child; or
(2) the child's parent, guardian, or custodian.
As added by P.L.1-1997, SEC.17. Amended by P.L.197-1997,SEC.27.
IC 31-34-18-6.1
Predispositional report; contents
Sec. 6.1. (a) The predispositional report prepared by thedepartment or caseworker must include the following information:
(1) A description of all dispositional options considered inpreparing the report.
(2) An evaluation of each of the options considered in relationto the plan of care, treatment, rehabilitation, or placementrecommended under the guidelines described in section 4 of thischapter.
(3) The name, occupation and position, and any relationship to
the child of each person with whom the preparer of the reportconferred as provided in section 1.1 of this chapter.
(b) If the department or caseworker is considering an out-of-homeplacement, including placement with a blood or an adoptive relativecaretaker, the department or caseworker shall conduct a criminalhistory check (as defined in IC 31-9-2-22.5) for each person who iscurrently residing in the location designated as the out-of-homeplacement. The results of the criminal history check must be includedin the predispositional report.
(c) The department or caseworker is not required to conduct acriminal history check under this section if:
(1) the department or caseworker is considering only anout-of-home placement to an entity or a facility that:
(A) is not a residence (as defined in IC 3-5-2-42.5); or
(B) is licensed by the state; or
(2) placement under this section is undetermined at the time thepredispositional report is prepared.
As added by P.L.55-1997, SEC.19. Amended by P.L.70-2004,SEC.19; P.L.234-2005, SEC.181; P.L.145-2006, SEC.308;P.L.146-2008, SEC.600.