CHAPTER 20. DISPOSITIONAL DECREES
IC 31-34-20
Chapter 20. Dispositional Decrees
IC 31-34-20-1
Entry of dispositional decree; placement in home or facility outsideIndiana; removal of child; award of wardship
Sec. 1. (a) Subject to this section and section 1.5 of this chapter,if a child is a child in need of services, the juvenile court may enterone (1) or more of the following dispositional decrees:
(1) Order supervision of the child by the department.
(2) Order the child to receive outpatient treatment:
(A) at a social service agency or a psychological, apsychiatric, a medical, or an educational facility; or
(B) from an individual practitioner.
(3) Remove the child from the child's home and authorize thedepartment to place the child in another home or shelter carefacility. Placement under this subdivision includes authorizationto control and discipline the child.
(4) Award wardship of the child to the department forsupervision, care, and placement.
(5) Partially or completely emancipate the child under section6 of this chapter.
(6) Order the child's parent, guardian, or custodian to completeservices recommended by the department and approved by thecourt under IC 31-34-16, IC 31-34-18, and IC 31-34-19.
(7) Order a person who is a party to refrain from direct orindirect contact with the child.
(8) Order a perpetrator of child abuse or neglect to refrain fromreturning to the child's residence.
(b) A juvenile court may not place a child in a home or facilitythat is located outside Indiana unless:
(1) the placement is recommended or approved by the directorof the department or the director's designee; or
(2) the juvenile court makes written findings based on clear andconvincing evidence that:
(A) the out-of-state placement is appropriate because thereis not a comparable facility with adequate services located inIndiana; or
(B) the location of the home or facility is within a distancenot greater than fifty (50) miles from the county of residenceof the child.
(c) If a dispositional decree under this section:
(1) orders or approves removal of a child from the child's homeor awards wardship of the child to the department; and
(2) is the first juvenile court order in the child in need ofservices proceeding that authorizes or approves removal of thechild from the child's parent, guardian, or custodian;
the juvenile court shall include in the decree the appropriate findingsand conclusions described in IC 31-34-5-3(b) and IC 31-34-5-3(c).
As added by P.L.1-1997, SEC.17. Amended by P.L.70-2004, SEC.21;
P.L.145-2006, SEC.311; P.L.146-2006, SEC.50; P.L.52-2007,SEC.10; P.L.146-2008, SEC.602.
IC 31-34-20-1.5
Placement in household with certain individuals prohibited;exceptions; criminal history checks
Sec. 1.5. (a) Except as provided in subsection (d), the juvenilecourt may not enter a dispositional decree approving or orderingplacement of a child in another home under section 1(a)(3) of thischapter or awarding wardship to the department that will place thechild in another home under section 1(a)(4) of this chapter if aperson who is currently residing in the home in which the childwould be placed under section 1(a)(3) or 1(a)(4) of this chapter hascommitted an act resulting in a substantiated report of child abuse orneglect, has a juvenile adjudication for an act that would be a felonylisted in IC 31-27-4-13 if committed by an adult, or has a convictionfor a felony listed in IC 31-27-4-13.
(b) The department or caseworker who prepared thepredispositional report shall conduct a criminal history check (asdefined in IC 31-9-2-22.5) to determine if a person described insubsection (a) has committed an act resulting in a substantiatedreport of child abuse or neglect, has a juvenile adjudication for an actthat would be a felony listed in IC 31-27-4-13 if committed by anadult, or has a conviction for a felony listed in IC 31-27-4-13.However, the department or caseworker is not required to conduct acriminal history check under this section if criminal historyinformation under IC 31-34-4-2 or IC 31-34-18-6.1 establisheswhether a person described in subsection (a) has committed an actresulting in a substantiated report of child abuse or neglect, has ajuvenile adjudication for an act that would be a felony listed inIC 31-27-4-13 if committed by an adult, or has a conviction for afelony listed in IC 31-27-4-13.
(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.
(d) A juvenile court may enter a dispositional decree thatapproves placement of a child in another home or award wardship tothe department that will place the child in a home with a persondescribed in subsection (a) if:
(1) the person described in subsection (a) has:
(A) committed an act resulting in a substantiated report ofchild abuse or neglect; or
(B) been convicted or had a juvenile adjudication for:
(i) reckless homicide (IC 35-42-1-5);
(ii) battery (IC 35-42-2-1) as a Class C or D felony; (iii) criminal confinement (IC 35-42-3-3) as a Class C orD felony;
(iv) arson (IC 35-43-1-1) as a Class C or D felony;
(v) a felony involving a weapon under IC 35-47 orIC 35-47.5 as a Class C or D felony;
(vi) a felony relating to controlled substances underIC 35-48-4 as a Class C or D felony; or
(vii) a felony that is substantially equivalent to a felonylisted in items (i) through (vi) for which the convictionwas entered in another state; and
(2) the court makes a written finding that the person'scommission of the offense, delinquent act, or act of abuse orneglect described in subdivision (1) is not relevant to theperson's present ability to care for a child, and that thedispositional decree placing a child in another home orawarding wardship to a county office is in the best interest ofthe child.
However, a court may not enter a dispositional decree that approvesplacement of a child in another home or awards wardship to thedepartment if the person has been convicted of a felony listed inIC 31-27-4-13 that is not specifically excluded under subdivision(1)(B), or has a juvenile adjudication for an act that would be afelony listed in IC 31-27-4-13 if committed by an adult that is notspecifically excluded under subdivision (1)(B).
(e) In making its written finding under subsection (d), the courtshall consider the following:
(1) The length of time since the person committed the offense,delinquent act, or act that resulted in the substantiated report ofabuse or neglect.
(2) The severity of the offense, delinquent act, or abuse orneglect.
(3) Evidence of the person's rehabilitation, including theperson's cooperation with a treatment plan, if applicable.
As added by P.L.70-2004, SEC.22. Amended by P.L.234-2005,SEC.183; P.L.145-2006, SEC.312; P.L.1-2007, SEC.207;P.L.146-2008, SEC.603.
IC 31-34-20-2
Dispositional decree that includes no contact order; protectiveorder depository; confidential form
Sec. 2. If a court enters a dispositional decree that includes a nocontact order under section 1(7) of this chapter:
(1) the clerk of the court that enters a dispositional decree thatincludes a no contact order under section 1(7) of this chaptershall comply with IC 5-2-9; and
(2) the petitioner shall file a confidential form prescribed orapproved by the division of state court administration with theclerk.
As added by P.L.1-1997, SEC.17. Amended by P.L.133-2002,SEC.34.
IC 31-34-20-3
Order for participation by parent, guardian, or custodian inprogram of care, treatment, or rehabilitation for child
Sec. 3. If the juvenile court determines that a parent, guardian, orcustodian should participate in a program of care, treatment, orrehabilitation for the child, the court may order the parent, guardian,or custodian to do the following:
(1) Obtain assistance in fulfilling the obligations as a parent,guardian, or custodian.
(2) Provide specified care, treatment, or supervision for thechild.
(3) Work with a person providing care, treatment, orrehabilitation for the child.
(4) Participate in a program operated by or through thedepartment of correction.
As added by P.L.1-1997, SEC.17.
IC 31-34-20-4
Decrees limiting contact with child; copies to parties and lawenforcement agencies
Sec. 4. (a) The clerk of the court that enters a dispositional decreeunder this chapter that requires a person to refrain from direct orindirect contact with a child shall provide a copy of the decree to thefollowing:
(1) Each party.
(2) The sheriff.
(3) The law enforcement agency of the municipality, if any, inwhich the child resides.
(b) Each sheriff and law enforcement agency that receives adecree under subsection (a) shall maintain a copy of the decree in thedepository established by IC 5-2-9. The decree may be removed fromthe depository after the later of the following occurs:
(1) The lapse of one (1) year after the decree is entered.
(2) The date specified in the decree if any.
As added by P.L.1-1997, SEC.17.
IC 31-34-20-5
Determination and reporting of legal settlement of child
Sec. 5. (a) This section applies if the department or a juvenilecourt:
(1) places a child;
(2) changes the placement of a child; or
(3) reviews the implementation of a decree under IC 31-34-21of a child placed;
in a state licensed private or public health care facility, child carefacility, foster family home, or the home of a relative or otherunlicensed caretaker.
(b) The juvenile court shall do the following:
(1) Make findings of fact concerning the legal settlement of thechild. (2) Apply IC 20-26-11-2(1) through IC 20-26-11-2(8) todetermine where the child has legal settlement.
(3) Include the findings of fact required by this section in:
(A) the dispositional order;
(B) the modification order; or
(C) the other decree;
making or changing the placement of the child.
(c) The juvenile court may determine that the legal settlement ofthe child is in the school corporation in which the child will attendschool under IC 20-26-11-8(d).
(d) The juvenile court shall comply with the reportingrequirements under IC 20-26-11-9 concerning the legal settlement ofthe child.
(e) The department or a juvenile court may place a child in apublic school, regardless of whether the public school has a waitinglist for admissions, if the department or juvenile court determinesthat the school's program meets the child's educational needs and theschool agrees to the placement. A placement under this subsectiondoes not affect the legal settlement of the child.
As added by P.L.1-1997, SEC.17. Amended by P.L.1-2005, SEC.205;P.L.13-2006, SEC.5; P.L.159-2007, SEC.5; P.L.146-2008, SEC.604.
IC 31-34-20-6
Emancipation of child; findings; terms
Sec. 6. (a) The juvenile court may emancipate a child undersection 1(5) of this chapter if the court finds that the child:
(1) wishes to be free from parental control and protection andno longer needs that control and protection;
(2) has sufficient money for the child's own support;
(3) understands the consequences of being free from parentalcontrol and protection; and
(4) has an acceptable plan for independent living.
(b) If the juvenile court partially or completely emancipates thechild, the court shall specify the terms of the emancipation, whichmay include the following:
(1) Suspension of the parent's or guardian's duty to support thechild. In this case the judgment of emancipation supersedes thesupport order of a court.
(2) Suspension of the following:
(A) The parent's or guardian's right to the control or custodyof the child.
(B) The parent's right to the child's earnings.
(3) Empowering the child to consent to marriage.
(4) Empowering the child to consent to military enlistment.
(5) Empowering the child to consent to:
(A) medical;
(B) psychological;
(C) psychiatric;
(D) educational; or
(E) social; services.
(6) Empowering the child to contract.
(7) Empowering the child to own property.
(c) An emancipated child remains subject to the following:
(1) IC 20-33-2 concerning compulsory school attendance.
(2) The continuing jurisdiction of the court.
As added by P.L.1-1997, SEC.17. Amended by P.L.1-2005, SEC.206.