CHAPTER 19. DISPOSITIONAL HEARING
IC 31-34-19
Chapter 19. Dispositional Hearing
IC 31-34-19-1
Dispositional hearing; issues for consideration
Sec. 1. The juvenile court shall complete a dispositional hearingnot more than thirty (30) days after the date the court finds that achild is a child in need of services to consider the following:
(1) Alternatives for the care, treatment, rehabilitation, orplacement of the child.
(2) The necessity, nature, and extent of the participation by aparent, a guardian, or a custodian in the program of care,treatment, or rehabilitation for the child.
(3) The financial responsibility of the parent or guardian of theestate for services provided for the parent or guardian or thechild.
As added by P.L.1-1997, SEC.17. Amended by P.L.55-1997, SEC.20;P.L.146-2006, SEC.48.
IC 31-34-19-1.1
Mandatory attendance at predispositional hearing by reportpreparer
Sec. 1.1. At a dispositional hearing under this chapter, the personthat prepared the predispositional report:
(1) must be present, if possible; and
(2) if present, shall provide testimony when requested toexplain how the individuals participating in the conferencedescribed in IC 31-34-18:
(A) examined the available options; and
(B) recommended the options that most closely coincidewith the guidelines provided in IC 31-34-18-4.
As added by P.L.55-1997, SEC.21.
IC 31-34-19-1.3
Notice of disposition of hearing; duties of court
Sec. 1.3. (a) The department shall provide notice of the date, time,place, and purpose of the dispositional hearing under this chapter toeach:
(1) party or person for whom a summons is required to beissued under IC 31-34-10-2; and
(2) foster parent or other caretaker with whom the child isplaced for temporary care;
at the time the dispositional hearing is scheduled.
(b) The court shall:
(1) provide a person required to be notified under subsection (a)an opportunity to be heard; and
(2) allow a person described in subdivision (1) to makerecommendations to the court;
at the dispositional hearing.
As added by P.L.138-2007, SEC.72.
IC 31-34-19-2
Admissibility of reports
Sec. 2. (a) Any predispositional report may be admitted intoevidence to the extent that the report contains evidence of probativevalue even if the report would otherwise be excluded.
(b) If a report contains information that should not be released tothe child or the child's parent, guardian, or custodian, a factualsummary of the report may be admitted.
(c) The:
(1) child;
(2) child's parent, guardian, or custodian;
(3) person representing the interests of the state; and
(4) foster parent or other caretaker who is entitled to notice ofthe dispositional hearing under section 1.3 of this chapter;
shall be given a fair opportunity to controvert any part of the reportadmitted into evidence.
As added by P.L.1-1997, SEC.17. Amended by P.L.138-2007,SEC.73.
IC 31-34-19-3
Civil commitment; child with a mental illness
Sec. 3. If it appears to the juvenile court that a child has a mentalillness, the court may:
(1) refer the matter to the court having probate jurisdiction forcivil commitment proceedings under IC 12-26; or
(2) initiate a civil commitment proceeding under IC 12-26.
As added by P.L.1-1997, SEC.17. Amended by P.L.99-2007,SEC.196.
IC 31-34-19-4
Discharge of child; continuance of proceeding; no release of countyoffice of family and children or the department of child servicesfrom obligations to child
Sec. 4. If:
(1) a child is referred to a probate court;
(2) the juvenile court initiates a commitment proceeding; or
(3) the court transfers a commitment proceeding underIC 12-26-1-4;
the juvenile court shall discharge the child or continue the court'sproceedings under the juvenile law. However, if the child is underthe custody or supervision of a county office or the department, thejuvenile court may not release the county office from the obligationsof the county office or the department to the child pending theoutcome of the proceeding under IC 12-26.
As added by P.L.1-1997, SEC.17. Amended by P.L.145-2006,SEC.309.
IC 31-34-19-5
Release of county office of family and children or the departmentof child services from obligations to child placed in state institution
for voluntary treatment
Sec. 5. If the court authorizes a child who is under the custody orsupervision of a county office or the department to be placed in astate institution (as defined in IC 12-7-2-184) for voluntary treatmentin accordance with IC 12-26-3, the court may not release thedepartment from obligations of the county office or the departmentto the child until a parent, guardian, or other responsible personapproved by the court assumes the obligations.
As added by P.L.1-1997, SEC.17. Amended by P.L.145-2006,SEC.310.
IC 31-34-19-6
Dispositional decree; factors
Sec. 6. If consistent with the safety of the community and the bestinterest of the child, the juvenile court shall enter a dispositionaldecree 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.22.
IC 31-34-19-6.1
Juvenile court entering dispositional decree; departmentconsideration of juvenile court recommendations; written findingsby juvenile court; appeal by department; payment of costs andexpenses
Sec. 6.1. (a) Before entering its dispositional decree, the juvenilecourt shall do the following:
(1) Consider the recommendations for the needs of the child forcare, treatment, rehabilitation, or placement made by thedepartment in the department's predispositional report.
(2) Consider the recommendations for the needs of the child forcare, treatment, rehabilitation, or placement made by the parent,guardian or custodian, guardian ad litem or court appointedspecial advocate, foster parent, other caretaker of the child, orother party to the proceeding.
(3) If the juvenile court determines that the best interests of thechild require consideration of other dispositional options,submit the juvenile court's own recommendations for care,treatment, rehabilitation, or placement of the child.
(b) If the juvenile court accepts the recommendations in thedepartment's predispositional report, the juvenile court shall enter its
dispositional decree with its findings and conclusions under section10 of this chapter.
(c) If during or after conclusion of the dispositional hearing, thejuvenile court does not accept the recommendations of thedepartment as set out under subsection (a) in the predispositionalreport and states that the juvenile court wants the department toconsider the recommendations made under subsection (a)(2) or(a)(3), the dispositional hearing shall be continued for not more thanseven (7) business days after service of notice of the juvenile court'sdetermination. The department shall consider the recommendationsthat the juvenile court requested the department to consider andsubmit to the juvenile court a supplemental predispositional reportstating the department's final recommendations and reasons foraccepting or rejecting the recommendations that were not includedin the department's original predispositional report. If the juvenilecourt accepts the recommendations in the department's supplementalreport, the juvenile court may adopt the recommendations as itsfindings and enter its dispositional decree.
(d) The juvenile court shall accept each final recommendation ofthe department contained in a supplemental predispositional reportsubmitted under subsection (c), unless the juvenile court finds thata recommendation is:
(1) unreasonable, based on the facts and circumstances of thecase; or
(2) contrary to the welfare and best interests of the child.
(e) If the juvenile court does not accept one (1) or more of thedepartment's final recommendations contained in the department'ssupplemental predispositional report, the juvenile court shall:
(1) enter its dispositional decree with its written findings andconclusions under sections 6 and 10 of this chapter; and
(2) specifically state why the juvenile court is not accepting thefinal recommendations of the department.
(f) If the juvenile court enters its findings and decree undersubsections (d) and (e), the department may appeal the juvenilecourt's decree under any available procedure provided by the IndianaRules of Trial Procedure or the Indiana Rules of Appellate Procedureto allow any disputes arising under this section to be decided in anexpeditious manner.
(g) If the department prevails on appeal, the department shall paythe following costs and expenses incurred by or on behalf of thechild before the date of the final decision:
(1) Any programs or services implemented during the appealinitiated under subsection (f), other than the cost of anout-of-home placement ordered by the juvenile court.
(2) Any out-of-home placement ordered by the juvenile courtand implemented after entry of the dispositional decree ormodification order, if the court has made written findings thatthe placement is an emergency required to protect the healthand welfare of the child.
If the court has not made written findings that the placement is an
emergency, the county in which the juvenile court is located isresponsible for payment of all costs of the placement, including thecost of services and programs provided by the home or facility wherethe child was placed.
As added by P.L.146-2008, SEC.601.
IC 31-34-19-7
Factors to consider for dispositional decrees that includeout-of-home placement
Sec. 7. In addition to the factors under section 6 of this chapter,if the court enters a dispositional decree regarding a child in need ofservices that includes an out-of-home placement, the court shallconsider whether the child should be placed with the child's suitableand willing blood or adoptive relative caretaker, including agrandparent, an aunt, an uncle, or an adult sibling, before consideringother out-of-home placements for the child.
As added by P.L.1-1997, SEC.17. Amended by P.L.70-2004, SEC.20;P.L.234-2005, SEC.182.
IC 31-34-19-8
Provision of copies of dispositional report
Sec. 8. The juvenile court shall send a copy of the dispositionalreport described in section 10 of this chapter to each person whoreceives placement or wardship of the child.
As added by P.L.1-1997, SEC.17.
IC 31-34-19-9
Advisement of modification procedures
Sec. 9. The juvenile court shall advise the child and the child'sparent, guardian, or custodian of the procedures under IC 31-34-23.
As added by P.L.1-1997, SEC.17.
IC 31-34-19-10
Findings and conclusions
Sec. 10. (a) The juvenile court shall accompany the court'sdispositional decree with written findings and conclusions upon therecord concerning the following:
(1) The needs of the child for care, treatment, rehabilitation, orplacement.
(2) The need for participation by the parent, guardian, orcustodian in the plan of care for the child.
(3) Efforts made, if the child is a child in need of services, to:
(A) prevent the child's removal from; or
(B) reunite the child with;
the child's parent, guardian, or custodian in accordance withfederal law.
(4) Family services that were offered and provided to:
(A) a child in need of services; or
(B) the child's parent, guardian, or custodian;
in accordance with federal law. (5) The court's reasons for the disposition.
(b) The juvenile court may incorporate a finding or conclusionfrom a predispositional report as a written finding or conclusion uponthe record in the court's dispositional decree.
As added by P.L.1-1997, SEC.17. Amended by P.L.55-1997, SEC.23;P.L.146-2006, SEC.49.