IC 31-37-20
    Chapter 20. Review of Dispositional Decrees; Formal ReviewHearings

IC 31-37-20-1
Progress reports; procedure for modification of decree
    Sec. 1. At any time after the date of an original dispositionaldecree, the juvenile court may order the probation department to filea report on the progress made in implementing the decree. If, afterreviewing the report, the juvenile court seeks to considermodification of the dispositional decree, the court shall proceedunder IC 31-37-22.
As added by P.L.1-1997, SEC.20. Amended by P.L.145-2006,SEC.348; P.L.146-2008, SEC.654.

IC 31-37-20-2
Periodic review of case
    Sec. 2. (a) The court shall hold a formal hearing:
        (1) every twelve (12) months after:
            (A) the date of the original dispositional decree; or
            (B) a delinquent child was removed from the child's parent,guardian, or custodian;
        whichever occurs first; or
        (2) more often if ordered by the juvenile court.
    (b) The court shall determine whether the dispositional decreeshould be modified and whether the present placement is in the bestinterest of the child. The court, in making the court's determination,may consider the following:
        (1) The services that have been provided or offered to a parent,guardian, or custodian to facilitate a reunion.
        (2) The extent to which the parent, guardian, or custodian hasenhanced the ability to fulfill parental obligations.
        (3) The extent to which the parent, guardian, or custodian hasvisited the child, including the reasons for infrequent visitation.
        (4) The extent to which the parent, guardian, or custodian hascooperated with the probation department.
        (5) The child's recovery from any injuries suffered beforeremoval.
        (6) Whether additional services are required for the child or thechild's parent, guardian, or custodian and, if so, the nature of theservices.
        (7) The extent to which the child has been rehabilitated.
    (c) A review of the dispositional decree will be held at least onceevery six (6) months, or more often, if ordered by the court. At thereview, the court shall determine whether or not the probationdepartment has made reasonable efforts to finalize a permanencyplan for the child, if required under IC 31-37-19-1.5.
As added by P.L.1-1997, SEC.20. Amended by P.L.145-2006,SEC.349; P.L.146-2008, SEC.655.
IC 31-37-20-3
Formal hearing on continued jurisdiction and modification ofdecree; periodic jurisdictional review
    Sec. 3. (a) The court shall hold a formal hearing on the questionof continued jurisdiction:
        (1) every eighteen (18) months after:
            (A) the date of the original dispositional decree; or
            (B) a delinquent child was removed from the child's parent,guardian, or custodian;
        whichever comes first; or
        (2) more often if ordered by the juvenile court.
    (b) The state must show that jurisdiction should continue byproving that the objectives of the dispositional decree have not beenaccomplished and that a continuation of the decree with or withoutmodifications has a probability of success.
    (c) If the state does not sustain the state's burden for continuedjurisdiction, the court may:
        (1) authorize a petition for termination of the parent-childrelationship; or
        (2) discharge the child or the child's parent, guardian, orcustodian.
    (d) A jurisdictional review of the dispositional decree, includinga review of the child's permanency plan, if required underIC 31-37-19-1.5, shall be held at least once every twelve (12)months.
As added by P.L.1-1997, SEC.20. Amended by P.L.146-2008,SEC.656.

IC 31-37-20-4
Progress report required for case review or continued jurisdiction
    Sec. 4. Before a hearing under section 2 or 3 of this chapter, theprobation department shall prepare a report in accordance withIC 31-37-21 on the progress made in implementing the dispositionaldecree.
As added by P.L.1-1997, SEC.20. Amended by P.L.145-2006,SEC.350; P.L.146-2008, SEC.657.

IC 31-37-20-4.5
Notice of hearing; opportunity to be heard
    Sec. 4.5. (a) At least ten (10) days before a hearing under section2 or 3 of this chapter, the probation department shall send notice ofthe hearing to each of the following:
        (1) The child's parent, guardian, or custodian.
        (2) An attorney who has entered an appearance on behalf of thechild's parent, guardian, or custodian.
        (3) The child or an attorney who has entered an appearance onbehalf of the child.
        (4) A prospective adoptive parent named in a petition foradoption of the child filed under IC 31-19-2 if:
            (A) each consent to adoption of the child that is required

under IC 31-19-9-1 has been executed in the form andmanner required by IC 31-19-9 and filed with the countyoffice;
            (B) the court having jurisdiction in the adoption case hasdetermined under any applicable provision of IC 31-19-9that consent to adoption is not required from a parent,guardian, or custodian; or
            (C) a petition to terminate the parent-child relationshipbetween the child and any parent who has not executed awritten consent to adoption under IC 31-19-9-2 has beenfiled under IC 31-35 and is pending.
        (5) Any other person who:
            (A) the probation department has knowledge is currentlyproviding care for the child; and
            (B) is not required to be licensed under IC 12-17.2 orIC 31-27 to provide care for the child.
        (6) Any other suitable relative or person whom the probationdepartment knows has had a significant or caretakingrelationship to the child.
    (b) The court shall provide to a person described in subsection (a)an opportunity to be heard and to make any recommendations to thecourt in a hearing under section 2 or 3 of this chapter. The right to beheard and to make recommendations under this subsection includes:
        (1) the right of a person described in subsection (a) to submit awritten statement to the court that, if served upon all parties tothe delinquency proceeding and the persons described insubsection (a), may be made a part of the court record; and
        (2) the right to present oral testimony to the court andcross-examine any of the witnesses at the hearing.
    (c) This section does not exempt the probation department fromsending a notice of the review to each party to the delinquencyproceeding.
    (d) The court shall continue the hearing if, at the time set for thehearing, the probation department has not provided the court with asigned verification that any person required to be notified under thissection has been notified in the manner stated in the verification,unless the person appears for the hearing.
As added by P.L.138-2007, SEC.86.

IC 31-37-20-5
Review of foster care placements; disclosure of confidential reportor document
    Sec. 5. (a) The juvenile court may assign cases to a foster carereview board established by the court to assist the court in reviewingfoster care placements. The board shall:
        (1) review a foster care placement at the juvenile court'srequest; and
        (2) file a report, including findings and recommendations, withthe court.
    (b) If the juvenile court believes the contents of a confidential

report or document would benefit the review board, the court mayprovide the review board with an order authorizing disclosure of thedocument to the review board. The review board may not disclosethe contents of a confidential report or document to a person who isnot allowed disclosure by the court or by statute.
As added by P.L.1-1997, SEC.20.

IC 31-37-20-6
Review of child's legal settlement
    Sec. 6. (a) This section applies if a juvenile court reviews theimplementation of a decree under this chapter (or IC 31-6-4-19before its repeal) or any other law concerning a child placed in astate licensed private or public health care facility, child care facility,or foster family home.
    (b) The juvenile court shall review the court's findings underIC 31-37-19-26 (or IC 31-6-4-18.5(b) before its repeal) anddetermine whether circumstances have changed the legal settlementof the child.
    (c) If the child's legal settlement has changed, the court shall issuean order that modifies the court's findings of fact concerning thelegal settlement of the child.
    (d) If the court has not previously made findings of factconcerning legal settlement as provided in IC 31-37-19-26 the courtshall make the appropriate findings in the court's order entered underthis chapter.
    (e) The juvenile court shall comply with the reportingrequirements under IC 20-26-11-9 concerning the legal settlement ofthe child.
As added by P.L.1-1997, SEC.20. Amended by P.L.1-2005, SEC.213.

IC 31-37-20-7
Discharge of child
    Sec. 7. When the juvenile court finds that the objectives of thedispositional decree have been met, the court shall discharge thechild and the child's parent, guardian, or custodian.
As added by P.L.1-1997, SEC.20.