CHAPTER 18. DISPOSITIONAL HEARING
IC 31-37-18
Chapter 18. Dispositional Hearing
IC 31-37-18-1
Issues for consideration
Sec. 1. The juvenile court shall hold a dispositional hearing toconsider 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.20. Amended by P.L.55-1997, SEC.31.
IC 31-37-18-1.1
Mandatory attendance at predispositional hearing by reportpreparer or probation officer
Sec. 1.1. (a) At a dispositional hearing under this chapter, theperson that prepared the predispositional report or a probation officerdescribed in subsection (b):
(1) must be present; and
(2) must present testimony when requested to explain how theindividuals participating in the conference described inIC 31-37-17:
(A) examined the available options; and
(B) recommended the options that most closely coincidewith the guidelines provided in IC 31-37-17-4.
(b) A probation officer other than the person who prepared thepredispositional report may satisfy the requirements of subsection (a)if the probation officer has knowledge of:
(1) a conference held under IC 31-37-17-1.1; and
(2) the report and recommendations made under IC 31-37-17-1.
As added by P.L.55-1997, SEC.32. Amended by P.L.142-2007,SEC.9.
IC 31-37-18-1.3
Notice of dispositional hearing; court duties
Sec. 1.3. (a) The prosecuting attorney or probation department ofthe juvenile court shall provide notice of the date, time, place, andpurpose of the dispositional hearing under this chapter to each:
(1) party or person for whom a summons is required to beissued under IC 31-37-12-2; 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 who is 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.84.
IC 31-37-18-2
Admissibility of reports; opportunity to controvert report
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 following shall be given a fair opportunity to controvertany part of the report admitted into evidence:
(1) The child.
(2) The child's parent, guardian, or custodian.
(3) The person representing the interests of the state.
(4) A foster parent or other caretaker who is entitled to noticeof the dispositional hearing under section 1.3 of this chapter.
As added by P.L.1-1997, SEC.20. Amended by P.L.138-2007,SEC.85.
IC 31-37-18-3
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.20. Amended by P.L.99-2007,SEC.197.
IC 31-37-18-4
Discharge of child; continuance of proceeding; no release ofdepartment from 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 the department, the juvenile court maynot release the department from the obligations of the department tothe child pending the outcome of the proceeding under IC 12-26.
As added by P.L.1-1997, SEC.20. Amended by P.L.145-2006,SEC.343; P.L.146-2008, SEC.644.
IC 31-37-18-5
Release of department of child services from obligations to childplaced in state institution for involuntary treatment
Sec. 5. If the court authorizes a child who is under the custody orsupervision of the department to be placed in a state institution (asdefined in IC 12-7-2-184) for voluntary treatment in accordance withIC 12-26-3, the court may not release the department fromobligations of the department to the child until the earlier of:
(1) the date the child is discharged; or
(2) the date that a parent, guardian, or other responsible personapproved by the court assumes the obligations.
As added by P.L.1-1997, SEC.20. Amended by P.L.145-2006,SEC.344; P.L.146-2008, SEC.645.
IC 31-37-18-6
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.20. Amended by P.L.55-1997, SEC.33.
IC 31-37-18-7
Provision of copies of dispositional report
Sec. 7. 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.20.
IC 31-37-18-8
Advisement of modification procedures
Sec. 8. The juvenile court shall advise the child and the child'sparent, guardian, or custodian of the procedures under IC 31-37-22.
As added by P.L.1-1997, SEC.20.
IC 31-37-18-9
Filings and conclusions; written findings concerningrecommendations; appeal by department; payment of costs andexpenses
Sec. 9. (a) The juvenile court shall accompany the court's
dispositional decree with written findings and conclusions upon therecord concerning approval, modification, or rejection of thedispositional recommendations submitted in the predispositionalreport, including the following specific findings:
(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 removed from the child's parent,guardian, or custodian, to:
(A) prevent the child's removal from; or
(B) reunite the child with;
the child's parent, guardian, or custodian.
(4) Family services that were offered and provided to:
(A) the child; or
(B) the child's parent, guardian, or custodian.
(5) The court's reasons for the disposition.
(b) If the department does not concur with the probation officer'srecommendations in the predispositional report and the juvenile courtdoes not follow the department's alternative recommendations, thejuvenile court shall:
(1) accompany the court's dispositional decree with writtenfindings that the department's recommendations contained inthe predispositional report are:
(A) unreasonable based on the facts and circumstances of thecase; or
(B) contrary to the welfare and best interests of the child;and
(2) incorporate all documents referenced in the report submittedto the probation officer or to the court by the department intothe order so that the documents are part of the record for anyappeal the department may pursue under subsection (d).
(c) 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.
(d) If the juvenile court enters findings and a decree undersubsection (b), the department may appeal the juvenile court's decreeunder any available procedure provided by the Indiana Rules of TrialProcedure or Indiana Rules of Appellate Procedure to allow anydisputes arising under this section to be decided in an expeditiousmanner.
(e) 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 (d), other than the cost of anout-of-home placement ordered by the juvenile court; and
(2) any out-of-home placement ordered by the juvenile courtand implemented after entry of the dispositional decree ormodification order, if the juvenile court has made written
findings that the placement is an emergency required to protectthe health and welfare of the child.
If the court has not made written findings that the placement is anemergency, 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.1-1997, SEC.20. Amended by P.L.55-1997, SEC.34;P.L.146-2006, SEC.56; P.L.146-2008, SEC.646; P.L.131-2009,SEC.70.