CHAPTER 19. DISPOSITIONAL DECREES
IC 31-37-19
Chapter 19. Dispositional Decrees
IC 31-37-19-1
Entry of dispositional decrees; placement in foster family home oranother facility; findings and conclusions
Sec. 1. (a) Subject to section 6.5 of this chapter, if a child is adelinquent child under IC 31-37-2, the juvenile court may enter one(1) or more of the following dispositional decrees:
(1) Order supervision of the child by the probation 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 place the childin another home or shelter care facility. Placement under thissubdivision includes authorization to control and discipline thechild.
(4) Award wardship to a:
(A) person, other than the department; or
(B) shelter care facility.
(5) Partially or completely emancipate the child under section27 of this chapter.
(6) Order:
(A) the child; or
(B) the child's parent, guardian, or custodian;
to receive family services.
(7) Order a person who is a party to refrain from direct orindirect contact with the child.
(b) If the child is removed from the child's home and placed in afoster family home or another facility, the juvenile court shall:
(A) approve a permanency plan for the child;
(B) find whether or not reasonable efforts were made to preventor eliminate the need for the removal;
(C) designate responsibility for the placement and care of thechild with the probation department; and
(D) find whether it:
(i) serves the best interests of the child to be removed; and
(ii) would be contrary to the health and welfare of the childfor the child to remain in the home.
(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 a:
(A) person other than the department; or
(B) shelter care facility; and
(2) is the first court order in the delinquent child proceedingthat authorizes or approves removal of the child from the child'sparent, guardian, or custodian;
the court shall include in the decree the appropriate findings andconclusions described in IC 31-37-6-6(f) and IC 31-37-6-6(g).As added by P.L.1-1997, SEC.20. Amended by P.L.70-2004, SEC.25;P.L.145-2006, SEC.345; P.L.146-2006, SEC.57; P.L.146-2008,SEC.647.
IC 31-37-19-1.5
Completion of case plan; copies of case plan; elements included incase plan; review and update of case plan
Sec. 1.5. (a) This section applies to a delinquent child if the childis placed in an out-of-home residence or facility that is not a securedetention facility.
(b) The probation department, after negotiating with the child'sparent, guardian, or custodian, shall complete the child's case plannot later than sixty (60) days after the date of the child's firstplacement that the probation department requests to be paid for bythe department.
(c) A copy of the completed case plan shall be sent to thedepartment, to the child's parent, guardian, or custodian, and to anagency having the legal responsibility or authorization to care for,treat, or supervise the child not later than ten (10) days after theplan's completion.
(d) A child's case plan must be in a form prescribed by thedepartment that meets the specifications set by 45 CFR 1356.21, asamended. The case plan must include a description and discussion ofthe following:
(1) A permanency 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 implemented or recommended,including consideration of possible placement with any suitableand willing relative caretaker, before considering otherout-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 if remaining in the same school is not inthe best interests of the child.
(e) Each caretaker of a child and the probation department shallcooperate in the development of the case plan for the child. Theprobation department shall discuss with at least one (1) foster parentor other caretaker of a child the role of the substitute caretaker orfacility 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.
(f) The case plan must be reviewed and updated by the probationdepartment at least once every one hundred eighty (180) days.
As added by P.L.146-2008, SEC.648. Amended by P.L.131-2009,SEC.71.
IC 31-37-19-2
Dispositional decree that includes a 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.20. Amended by P.L.133-2002,SEC.36.
IC 31-37-19-3
Placement in shelter care facility outside county of residence;placement in home or facility outside Indiana
Sec. 3. (a) A juvenile court may not place a child who is adelinquent child under IC 31-37-2 in a shelter care facility that islocated outside the child's county of residence unless:
(1) placement of the child in a shelter care facility withadequate services located in the child's county of residence isunavailable; or
(2) the child's county of residence does not have an appropriateshelter care facility with adequate services.
(b) A juvenile court may not place a child in a home or facilitythat is not a secure detention facility and that is located outsideIndiana unless:
(1) the placement is recommended or approved by the directorof the department or the director's designee; or
(2) the court makes written findings based on clear andconvincing evidence that:
(A) the out-of-state placement is appropriate because there
is not a comparable facility with adequate services locatedin Indiana; or
(B) the location of the home or facility is within a distancenot more than fifty (50) miles from the county of residenceof the child.
As added by P.L.1-1997, SEC.20. Amended by P.L.146-2008,SEC.649.
IC 31-37-19-4
Invalidation of driver's license or permit of delinquent childviolating compulsory school attendance law
Sec. 4. (a) This section applies if a child:
(1) is a delinquent child under IC 31-37-2 due to thecommission of a delinquent act under IC 31-37-2-3 (orIC 31-6-4-1(a)(3) before its repeal); and
(2) has been previously determined to be a delinquent childunder IC 31-37-2 (or IC 31-6-4-1(b)(2) before its repeal) due tothe commission of a delinquent act under IC 31-37-2-3 (orIC 31-6-4-1(a)(3) before its repeal).
(b) The juvenile court shall, in addition to any other order ordecree the juvenile court makes under this chapter, order the bureauof motor vehicles to invalidate the child's driver's license or permitfor a period specified by the court that is not less than ninety (90)days but not more than one (1) year.
As added by P.L.1-1997, SEC.20.
IC 31-37-19-5
Additional dispositional decrees
Sec. 5. (a) This section applies if a child is a delinquent childunder IC 31-37-1.
(b) The juvenile court may, in addition to an order under section6 of this chapter, enter at least one (1) of the following dispositionaldecrees:
(1) Order supervision of the child by the probation departmentas a condition of probation under this subdivision. The juvenilecourt shall after a determination under IC 11-8-8-5 require achild who is adjudicated a delinquent child for an act that wouldbe an offense described in IC 11-8-8-5 if committed by an adultto register with the local law enforcement authority underIC 11-8-8.
(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) Order the child to surrender the child's driver's license to thecourt for a specified period of time.
(4) Order the child to pay restitution if the victim providesreasonable evidence of the victim's loss, which the child maychallenge at the dispositional hearing.
(5) Partially or completely emancipate the child under section
27 of this chapter.
(6) Order the child to attend an alcohol and drug servicesprogram established under IC 12-23-14.
(7) Order the child to perform community restitution or servicefor a specified period of time.
(8) Order wardship of the child as provided in section 9 of thischapter.
As added by P.L.1-1997, SEC.20. Amended by P.L.32-2000, SEC.21;P.L.238-2001, SEC.16; P.L.116-2002, SEC.19; P.L.140-2006,SEC.19 and P.L.173-2006, SEC.19; P.L.145-2006, SEC.346;P.L.1-2007, SEC.208; P.L.146-2008, SEC.650.
IC 31-37-19-6
Additional actions by court on behalf of delinquent child
Sec. 6. (a) This section applies if a child is a delinquent childunder IC 31-37-1.
(b) Except as provided in section 10 of this chapter and subject tosection 6.5 of this chapter, the juvenile court may:
(1) enter any dispositional decree specified in section 5 of thischapter; and
(2) take any of the following actions:
(A) Award wardship to:
(i) the department of correction for housing in acorrectional facility for children; or
(ii) a community based correctional facility for children.
Wardship under this subdivision does not include the rightto consent to the child's adoption.
(B) If the child is less than seventeen (17) years of age, orderconfinement in a juvenile detention facility for not more thanthe lesser of:
(i) ninety (90) days; or
(ii) the maximum term of imprisonment that could havebeen imposed on the child if the child had been convictedas an adult offender for the act that the child committedunder IC 31-37-1 (or IC 31-6-4-1(b)(1) before its repeal).
(C) If the child is at least seventeen (17) years of age, orderconfinement in a juvenile detention facility for not more thanthe lesser of:
(i) one hundred twenty (120) days; or
(ii) the maximum term of imprisonment that could havebeen imposed on the child if the child had been convictedas an adult offender for the act that the child committedunder IC 31-37-1 (or IC 31-6-4-1(b)(1) before its repeal).
(D) Remove the child from the child's home and place thechild in another home or shelter care facility. Placementunder this subdivision includes authorization to control anddiscipline the child.
(E) Award wardship to a:
(i) person, other than the department; or
(ii) shelter care facility. Wardship under this subdivision does not include the rightto consent to the child's adoption.
(F) Place the child in a secure private facility for childrenlicensed under the laws of a state. Placement under thissubdivision includes authorization to control and disciplinethe child.
(G) Order a person who is a respondent in a proceedingunder IC 31-37-16 (before its repeal) or IC 34-26-5 to refrainfrom direct or indirect contact with the child.
(c) If a dispositional decree under this section:
(1) orders or approves removal of a child from the child's home,or awards wardship of the child to a:
(A) person, other than the department; or
(B) shelter care facility; and
(2) is the first court order in the delinquent child proceedingthat authorizes or approves removal of the child from the child'sparent, guardian, or custodian;
the juvenile court shall include in the decree the appropriate findingsand conclusions described in IC 31-37-6-6(f) and IC 31-37-6-6(g).
As added by P.L.1-1997, SEC.20. Amended by P.L.1-2003, SEC.79;P.L.70-2004, SEC.26; P.L.146-2008, SEC.651.
IC 31-37-19-6.5
Prohibition against approval of placement of child or awardingwardship that results in placement with certain individuals
Sec. 6.5. (a) Except as provided in subsection (d), the juvenilecourt may not enter a dispositional decree approving placement of achild in another home under section 1(3) or 6(b)(2)(D) of this chapteror awarding wardship to a person or facility that results in aplacement with a person under section 1(4) or 6(b)(2)(E) of thischapter if a person who is currently residing in the home in which thechild would be placed under section 1(3), 1(4), 6(b)(2)(D), or6(b)(2)(E) of this chapter has committed an act resulting in asubstantiated report of child abuse or neglect, has a juvenileadjudication for an act that would be a felony listed in IC 31-27-4-13if committed by an adult, or has a conviction for a felony listed inIC 31-27-4-13.
(b) The juvenile probation officer 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 probation officer is not required to conduct a criminalhistory check under this section if criminal history informationobtained under IC 31-37-17-6.1 establishes whether a persondescribed in subsection (a) has committed an act resulting in asubstantiated report of child abuse or neglect, has a juvenileadjudication for an act that would be a felony listed in IC 31-27-4-13
if committed by an adult, or has a conviction for a felony listed inIC 31-27-4-13.
(c) The juvenile probation officer is not required to conduct acriminal history check under this section if:
(1) the probation officer is considering only an out-of-homeplacement 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) The juvenile court may enter a dispositional decree approvingplacement of a child in another home under section 1(3) or6(b)(2)(D) of this chapter or awarding wardship to a person orfacility that results in a placement with a person under section 1(4)or 6(b)(2)(E) of this chapter if:
(1) a 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 entry of adispositional decree placing the child in another home is in thebest interest of the child.
However, a court may not enter a dispositional decree placing a childin another home under section 1(3) or 6(b)(2)(D) of this chapter orawarding wardship to a person or facility under this subsection if aperson with whom the child is or will be placed has been convictedof a felony listed in IC 31-27-4-13 that is not specifically excludedunder subdivision (1)(B), or has a juvenile adjudication for an actthat would be a felony listed in IC 31-27-4-13 if committed by anadult that is not specifically 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.27. Amended by P.L.234-2005,SEC.187; P.L.145-2006, SEC.347; P.L.1-2007, SEC.209;P.L.146-2008, SEC.652.
IC 31-37-19-7
Age restrictions for wardship; confinement in facilities housingpersons charged with, imprisoned for, or incarcerated for crimes
Sec. 7. (a) With respect to a wardship awarded under section6(b)(2)(A) of this chapter, a child may not be awarded to thedepartment of correction, if the child:
(1) except as provided by subsection (b), is:
(A) less than twelve (12) years of age; or
(B) at least eighteen (18) years of age;
at the time of the dispositional decree; or
(2) was determined to be a delinquent child because the childviolated IC 7.1-5-7.
(b) A wardship may be awarded to the department of correctionif the child:
(1) is ten (10) or eleven (11) years of age; and
(2) is found to have committed an act that would have beenmurder if committed by an adult.
(c) The department of correction may not confine a delinquentchild, except as provided in IC 11-10-2-10, at:
(1) an adult correctional facility; or
(2) a shelter care facility;
that houses persons charged with, imprisoned for, or incarcerated forcrimes unless the child is restricted to an area of the facility wherethe child may have not more than haphazard or incidental sight orsound contact with persons charged with, imprisoned for, orincarcerated for crimes.
As added by P.L.1-1997, SEC.20.
IC 31-37-19-8
Continuous or intermittent confinement; substandard juveniledetention facilities
Sec. 8. (a) Confinement under section 6(b)(2)(B) of this chaptermay be continuous or intermittent, including confinement at night oron weekends.
(b) A child may not be sent to a juvenile detention facility thatfails to meet standards established by law.
As added by P.L.1-1997, SEC.20.
IC 31-37-19-9
Confinement of delinquent child at least 13 but less than 16 yearsof age committing act that would be murder, kidnapping, rape,criminal deviate conduct, or robbery if committed by adult Sec. 9. (a) This section applies if a child is a delinquent childunder IC 31-37-1.
(b) After a juvenile court makes a determination underIC 11-8-8-5, the juvenile court may, in addition to an order undersection 6 of this chapter, and if the child:
(1) is at least thirteen (13) years of age and less than sixteen(16) years of age; and
(2) committed an act that, if committed by an adult, would be:
(A) murder (IC 35-42-1-1);
(B) kidnapping (IC 35-42-3-2);
(C) rape (IC 35-42-4-1);
(D) criminal deviate conduct (IC 35-42-4-2); or
(E) robbery (IC 35-42-5-1) if the robbery was committedwhile armed with a deadly weapon or if the robbery resultedin bodily injury or serious bodily injury;
order wardship of the child to the department of correction for afixed period that is not longer than the date the child becomeseighteen (18) years of age, subject to IC 11-10-2-10.
(c) Notwithstanding IC 11-10-2-5, the department of correctionmay not reduce the period ordered under this section (orIC 31-6-4-15.9(b)(8) before its repeal).
As added by P.L.1-1997, SEC.20. Amended by P.L.238-2001,SEC.17; P.L.140-2006, SEC.20 and P.L.173-2006, SEC.20.
IC 31-37-19-10
Confinement of delinquent child at least 14 years of agecommitting act that would be felony against person, Class A orClass B controlled substances felony, or burglary and two priorunrelated adjudications that would be felonies if committed by anadult
Sec. 10. (a) This section applies to a child who:
(1) is adjudicated a delinquent child for an act that if committedby an adult would be:
(A) a felony against a person;
(B) a Class A or Class B felony that is a controlledsubstances offense under IC 35-48-4-1 through IC 35-48-4-5;or
(C) burglary as a Class A or Class B felony underIC 35-43-2-1;
(2) is at least fourteen (14) years of age at the time the childcommitted the act for which the child is being placed; and
(3) has two (2) unrelated prior adjudications of delinquency foracts that would be felonies if committed by an adult.
(b) A court may place the child in a facility authorized under thischapter for not more than two (2) years.
(c) Notwithstanding IC 11-10-2-5, the department of correctionmay not reduce the period ordered under this section (orIC 31-6-4-15.9(n) before its repeal).
As added by P.L.1-1997, SEC.20.
IC 31-37-19-11
Confinement imposed under departmental classification system;limitation
Sec. 11. If a child:
(1) is adjudicated a delinquent child for a delinquent act; and
(2) becomes a ward of the department of correction under thischapter (or IC 31-6-4-15.9 before its repeal);
the department of correction may not at any time during the child'sconfinement impose a departmental classification system on the childthat would cause the child to be confined in a correctional facility forlonger than the period of confinement under a departmentalclassification system that existed on the date that the child committedthe delinquent act.
As added by P.L.1-1997, SEC.20.
IC 31-37-19-12
HIV testing of delinquent child; reporting; notice to and counselingof victims
Sec. 12. (a) This section applies if a child is a delinquent childunder IC 31-37-1 due to the commission of a delinquent act that, ifcommitted by an adult, would be:
(1) an offense relating to a criminal sexual act (as defined inIC 35-41-1-19.3) and the offense created an epidemiologicallydemonstrated risk of transmission of the humanimmunodeficiency virus (HIV); or
(2) an offense relating to controlled substances (as defined inIC 35-41-1-19.4) if the offense involved:
(A) the delivery by a person to another person; or
(B) the use by a person on another person;
of a contaminated sharp (as defined in IC 16-41-16-2) or otherparaphernalia that creates an epidemiologically demonstratedrisk of transmission of HIV by involving percutaneous contact.
(b) The juvenile court shall, in addition to any other order ordecree the court makes under this chapter, order the child to undergoa screening test for the human immunodeficiency virus (HIV).
(c) If the screening test indicates the presence of antibodies toHIV, the court shall order the child to undergo a confirmatory test.
(d) If the confirmatory test confirms the presence of the HIVantibodies, the court shall report the results to the state departmentof health.
(e) The state department of health shall do the following:
(1) Notify potentially affected victims of the offense relating toa criminal sexual act (as defined in IC 35-41-1-19.3) or offenserelating to controlled substances (as defined in IC 35-41-1-19.4)of the HIV screening results.
(2) Provide counseling regarding HIV and a referral forappropriate health care to the victims.
As added by P.L.1-1997, SEC.20. Amended by P.L.125-2007, SEC.2.
IC 31-37-19-13 Delinquent acts involving controlled or counterfeit substances orprescription drugs; invalidation of operator's license or permit
Sec. 13. (a) This section applies if a child is a delinquent childunder IC 31-37-1 due to the commission of a delinquent act that, ifcommitted by an adult, would be:
(1) dealing in:
(A) a controlled substance (as defined in IC 35-48-1-9); or
(B) a counterfeit substance (as defined in IC 35-48-1-10);
(2) possessing:
(A) a controlled substance (as defined in IC 35-48-1-9); or
(B) a prescription drug (as defined in IC 35-48-1-25);
for which the child does not have a prescription; or
(3) conspiring to commit an act described in subdivision (1) or(2).
(b) The juvenile court shall, in addition to any other order ordecree the court makes under this chapter, order the bureau of motorvehicles to invalidate the child's operator's license or permit for aperiod specified by the court of at least six (6) months but not morethan one (1) year from the time the child would otherwise be eligiblefor a learner's permit.
As added by P.L.1-1997, SEC.20.
IC 31-37-19-14
Delinquent acts involving controlled or counterfeit substances orprescription drugs; prior adjudication of act on or near schoolproperty; invalidation of operator's license or permit
Sec. 14. (a) This section applies if:
(1) a child has been previously determined to be a delinquentchild under IC 31-37-1 (or IC 31-6-4-1(b)(1) before its repeal)due to the commission of a delinquent act described in section13(a)(1), 13(a)(2), or 13(a)(3) of this chapter (orIC 31-6-4-15.9(d)(1), IC 31-6-4-15.9(d)(2), orIC 31-6-4-15.9(d)(3) before its repeal); or
(2) the delinquent act described in section 13(a)(1), 13(a)(2), or13(a)(3) of this chapter (or IC 31-6-4-15.9(d)(1),IC 31-6-4-15.9(d)(2), or IC 31-6-4-15.9(d)(3) before its repeal)was committed:
(A) on school property;
(B) within one thousand (1,000) feet of school property; or
(C) on a school bus.
(b) The juvenile court shall, in addition to any other order ordecree the court makes under this chapter, order the bureau of motorvehicles to invalidate the child's operator's license for a periodspecified by the court of at least six (6) months but not more thantwo (2) years from the time the child would otherwise be eligible fora learner's permit.
As added by P.L.1-1997, SEC.20.
IC 31-37-19-15
Delinquent acts involving controlled or counterfeit substances or
prescription drugs; denial of learner's permit
Sec. 15. (a) This section applies if a child is a delinquent childunder IC 31-37-1 due to the commission of a delinquent act that, ifcommitted by an adult, would be:
(1) dealing in:
(A) a controlled substance (as defined in IC 35-48-1-9); or
(B) a counterfeit substance (as defined in IC 35-48-1-10);
(2) possessing:
(A) a controlled substance (as defined in IC 35-48-1-9); or
(B) a prescription drug (as defined in IC 35-48-1-25);
for which the child does not have a prescription; or
(3) conspiring to commit an act described in subdivision (1) or(2).
(b) The juvenile court shall, in addition to any other order ordecree the court makes under this chapter, order the bureau of motorvehicles not to issue the child a learner's permit for a period specifiedby the court of at least six (6) months but not more than one (1) yearfrom the time the child would otherwise be eligible for a learner'spermit.
As added by P.L.1-1997, SEC.20.
IC 31-37-19-16
Delinquent acts involving controlled or counterfeit substances orprescription drugs; prior adjudication of act on or near schoolproperty; denial of learner's permit
Sec. 16. (a) This section applies if:
(1) a child has been previously determined to be a delinquentchild under IC 31-37-1 (or IC 31-6-4-1(b)(1) before its repeal)due to the commission of a delinquent act described in section15(a)(1), 15(a)(2), or 15(a)(3) of this chapter (orIC 31-6-4-15.9(e)(1), IC 31-6-4-15.9(e)(2), orIC 31-6-4-15.9(e)(3) before its repeal); or
(2) the delinquent act described in section 15(a)(1), 15(a)(2), or15(a)(3) of this chapter (or IC 31-6-4-15.9(e)(1),IC 31-6-4-15.9(e)(2), or IC 31-6-4-15.9(e)(3) before its repeal)was committed:
(A) on school property;
(B) within one thousand (1,000) feet of school property; or
(C) on a school bus.
(b) The juvenile court shall, in addition to any other order ordecree the court makes under this chapter, order the bureau of motorvehicles not to issue the child a learner's permit for a period specifiedby the court of at least six (6) months but not more than two (2) yearsfrom the time the child would otherwise be eligible for a learner'spermit.
As added by P.L.1-1997, SEC.20.
IC 31-37-19-17
Delinquent acts involving criminal mischief or use of graffiti;suspension of operator's license or invalidation of learner's permit Sec. 17. (a) This section applies if a child is a delinquent childunder IC 31-37-1 due to the commission of a delinquent act that, ifcommitted by an adult, would be criminal mischief or institutionalcriminal mischief under IC 35-43-1-2 that involves the use of graffiti.
(b) The juvenile court may, in addition to any other order ordecree the court makes under this chapter, order the bureau of motorvehicles to:
(1) suspend the child's operator's license; or
(2) invalidate the child's learner's permit;
for one (1) year beginning the date of the order.
As added by P.L.1-1997, SEC.20.
IC 31-37-19-17.2
Fuel theft by delinquent child
Sec. 17.2. (a) This section applies if a child is a delinquent childunder IC 31-37-1 due to the commission of a delinquent act that, ifcommitted by an adult, would be a theft or criminal conversiondescribed in IC 35-43-4-8 (fuel theft).
(b) The juvenile court shall, in addition to any other order ordecree the court makes under this chapter, order the bureau of motorvehicles to:
(1) suspend the child's operator's license; or
(2) invalidate the child's learner's permit;
under IC 9-25-6-21 in the same manner as the bureau of motorvehicles is required to suspend the driving privileges of a personconvicted of fuel theft.
As added by P.L.117-2001, SEC.5.
IC 31-37-19-17.3
Suspension of child's driving privileges; reinstatement;probationary privileges; termination
Sec. 17.3. (a) This section applies if a child is a delinquent childunder IC 31-37-1 due to the commission of a delinquent act that, ifcommitted by an adult, would be an offense under IC 9-30-5.
(b) The juvenile court shall, in addition to any other order ordecree the court makes under this chapter, recommend thesuspension of the child's driving privileges as provided in IC 9-30-5.If a court recommends suspension of a child's driving privilegesunder this section, the bureau of motor vehicles shall comply withthe recommendation of suspension as provided in IC 9-30-6-12.
(c) If a court recommends suspension of a child's drivingprivileges under this section, the court may order the bureau of motorvehicles to reinstate the child's driving privileges as provided inIC 9-30-6-11.
(d) If a juvenile court orders the bureau of motor vehicles toreinstate a child's driving privileges under subsection (c), the bureaushall comply with the order. Unless the order for reinstatement isissued as provided under IC 9-30-6-11(a)(2) because of a violationof the speedy trial provisions applicable to the juvenile court, thebureau shall also do the following: (1) Remove any record of the suspension from the bureau'srecord keeping system.
(2) Reinstate the privileges without cost to the person.
(e) If:
(1) a juvenile court recommends suspension of a child's drivingprivileges under this section; and
(2) the child did not refuse to submit to a chemical test offeredas provided under IC 9-30-6-2 during the investigation of thedelinquent act that would be an offense under IC 9-30-5 ifcommitted by an adult;
the juvenile court may stay the execution of the suspension of thechild's driving privileges and grant the child probationary drivingprivileges for one hundred eighty (180) days.
(f) If a juvenile court orders a suspension under this section andthe child did not refuse to submit to a chemical test offered underIC 9-30-6-2 during the investigation of the delinquent act that wouldhave been an offense under IC 9-30-5 if committed by an adult, thejuvenile court may grant the child probationary driving privileges forone hundred eighty (180) days in conformity with the procedures inIC 9-30-5-12. The standards and procedures in IC 9-30-5-11 andIC 9-30-5-13 apply to an action under this subsection.
(g) A child whose driving privileges are suspended under thissection is entitled to credit for any days during which the license wassuspended under IC 31-37-5-7, if the child did not refuse to submitto a chemical test offered as provided under IC 9-30-6-2 during theinvestigation of the delinquent act that would be an offense underIC 9-30-5 if committed by an adult.
(h) A period of suspension of driving privileges imposed underthis section must be consecutive to any period of suspension imposedunder IC 31-37-5-7. However, if the juvenile court finds in thesentencing order that it is in the best interest of society, the juvenilecourt may terminate all or any part of the remaining suspensionunder IC 31-37-5-7.
(i) The bureau of motor vehicles may adopt rules under IC 4-22-2to carry out this section.
As added by P.L.32-2000, SEC.22.
IC 31-37-19-17.4
Court may order a delinquent child to receive counseling
Sec. 17.4. (a) This section applies if a child is a delinquent childunder IC 31-37-1 due to the commission of a delinquent act that, ifcommitted by an adult, would be an offense relating to a criminalsexual act (as defined in IC 35-41-1-19.3).
(b) The juvenile court may, in addition to any other order ordecree the court makes under this chapter, order:
(1) the child; and
(2) the child's parent or guardian;
to receive psychological counseling as directed by the court, subjectto the applicable provisions of IC 31-37-17-1.4 and IC 31-37-18-9.
As added by P.L.70-2004, SEC.28. Amended by P.L.125-2007,
SEC.3; P.L.146-2008, SEC.653.
IC 31-37-19-18
Surrendering and forwarding driver's licenses or permits
Sec. 18. If the court orders invalidation or denial of issuance of adriver's license or permit as described in IC 31-37-5-7 or section 4,13, 14, 15, 16, 17, or 17.3 of this chapter (or IC 31-6-4-15.9(c),IC 31-6-4-15.9(d), IC 31-6-4-15.9(e), or IC 31-6-4-15.9(f) before therepeal of IC 31-6-4-15.9):
(1) the bureau of motor vehicles shall comply with the order forinvalidation or denial of issuance; and
(2) the child shall surrender to the court all driver's licenses orpermits of the child and the court shall immediately forward thelicenses or permits to the bureau of motor vehicles.
If a juvenile court recommends suspension of driving privilegesunder section 17.3 of this chapter, IC 9-30-6-12(b), IC 9-30-6-12(c),and IC 9-30-6-12(d) apply to the child's driving privileges.
As added by P.L.1-1997, SEC.20. Amended by P.L.32-2000, SEC.23.
IC 31-37-19-19
Period of invalidation or denial of license or permit; maximum;order to allow receipt of license or permit before completion ofperiod
Sec. 19. The juvenile court may:
(1) enter an order for the maximum period of invalidation ordenial of issuance under sections 13, 14, 15, and 16 of thischapter; and
(2) following a determination that the child has committed nofurther delinquent acts, enter an order to allow the child toreceive a license or permit before the period of invalidation ordenial is completed.
As added by P.L.1-1997, SEC.20.
IC 31-37-19-20
Restitution or removal of graffiti; rescission of order suspendingor invalidating operator's license or learner's permit
Sec. 20. (a) This section applies if the juvenile court has enteredan order for suspension or invalidation of an operator's license or alearner's permit under section 17 of this chapter (or IC 31-6-4-15.9(f)before its repeal).
(b) Following a determination by the juvenile court that the childhas removed or painted over the graffiti or has made other suitablerestitution, the court may:
(1) rescind the order for suspension or invalidation; and
(2) allow the child to receive a license or permit before theperiod of suspension or invalidation ends.
As added by P.L.1-1997, SEC.20.
IC 31-37-19-21
Juvenile detention facility confining child for more than 30 days;
criteria
Sec. 21. As part of a dispositional decree, a child may only beconfined in a juvenile detention facility for more than thirty (30)days if the facility meets the following criteria:
(1) The facility provides to delinquent children a program thatincludes recreation, education, counseling, and health care.
(2) The program provides services and treatment to:
(A) meet the individual needs of the delinquent child;
(B) involve the delinquent child's family if possible; and
(C) provide transitional services for delinquent childrenreturning to community placement.
(3) The program must be administered and operated by staffwho are qualified through education and training to providerehabilitation and treatment.
(4) The juvenile detention facility must meet the state standardsand licensing requirements established by 210 IAC 6.
As added by P.L.1-1997, SEC.20.
IC 31-37-19-22
Dispositional decree containing a no contact order for childneeding care, treatment, or rehabilitation; protective orderdepository; confidential form
Sec. 22. If a court issues a dispositional decree that includes a nocontact order under section 6(b)(2)(G) of this chapter:
(1) the clerk of the court shall 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.20. Amended by P.L.133-2002,SEC.37.
IC 31-37-19-23
Placement in facility located outside child's county of residence
Sec. 23. A court may not place a child who is a delinquent childunder IC 31-37-1 (or IC 31-6-4-1(b)(1) before its repeal) in:
(1) a community based correctional facility for children;
(2) a juvenile detention facility;
(3) a secure facility;
(4) a secure private facility; or
(5) a shelter care facility;
that is located outside the child's county of residence unlessplacement of the child in a comparable facility with adequateservices located in the child's county of residence is unavailable orthe child's county of residence does not have an appropriatecomparable facility with adequate services.
As added by P.L.1-1997, SEC.20.
IC 31-37-19-24
Order for participation by parent, guardian, or custodian inprogram of care, treatment, or rehabilitation for child Sec. 24. If the juvenile court determines that a parent, guardian,or custodian should participate in a program of care, treatment, orrehabilitation for the child, the court may order the parent, guardian,or custodian to:
(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; and
(4) participate in a program operated by or through thedepartment of correction.
As added by P.L.1-1997, SEC.20.
IC 31-37-19-25
Decree limiting contact with child; copies to parties and lawenforcement agencies
Sec. 25. (a) The clerk of the court that enters a dispositionaldecree under this article that requires a person to refrain from director indirect contact with a child shall provide a copy of the decree tothe following:
(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.20.
IC 31-37-19-26
Determination and reporting of legal settlement
Sec. 26. (a) This section applies if a juvenile court:
(1) places a child;
(2) changes the placement of a child; or
(3) reviews the implementation of a decree under IC 31-37-20(or IC 31-6-4-19 before its repeal) of 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 the:
(A) dispositional order; (B) modification order; or
(C) 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 juvenile court may place a child in a public school,regardless of whether the public school has a waiting list foradmissions, if the court determines that the school's program meetsthe child's educational needs and the school agrees to the placement.A placement under this subsection does not affect the legalsettlement of the child.
As added by P.L.1-1997, SEC.20. Amended by P.L.1-2005, SEC.211;P.L.13-2006, SEC.6; P.L.159-2007, SEC.6.
IC 31-37-19-27
Emancipation of child
Sec. 27. (a) The juvenile court may emancipate a child undersection 1(5) or 5(b)(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) Whenever the juvenile court partially or completelyemancipates the child, the court shall specify the terms of theemancipation, which may 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:
(A) the parent's or guardian's right to the control or custodyof the child; and
(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: (1) IC 20-33-2 concerning compulsory school attendance; and
(2) the continuing jurisdiction of the court.
As added by P.L.1-1997, SEC.20. Amended by P.L.1-2005, SEC.212.
IC 31-37-19-28
Copy of dispositional decree of a Medicaid recipient child by courtto division of family resources
Sec. 28. (a) This section applies if a predispositional reportindicates that a child receives Medicaid and a court places the childin:
(1) a juvenile detention facility; or
(2) a secure facility, not including a facility licensed as a childcaring institution under IC 31-27.
(b) The court shall immediately provide a copy of thedispositional decree to the division of family resources.
As added by P.L.114-2009, SEC.3.