CHAPTER 22. MODIFICATION OF DISPOSITIONAL DECREES
IC 31-37-22
Chapter 22. Modification of Dispositional Decrees
IC 31-37-22-1
Motion for modification
Sec. 1. While the juvenile court retains jurisdiction underIC 31-30-2, the juvenile court may modify any dispositional decree:
(1) upon the juvenile court's own motion;
(2) upon the motion of:
(A) the child;
(B) the child's parent, guardian, custodian, or guardian adlitem;
(C) the probation officer; or
(D) the prosecuting attorney; or
(3) upon the motion of any person providing services to thechild or to the child's parent, guardian, or custodian under adecree of the court.
As added by P.L.1-1997, SEC.20. Amended by P.L.145-2006,SEC.352; P.L.146-2008, SEC.659.
IC 31-37-22-2
Award of guardianship of child to department of correction
Sec. 2. If a child has been in the custody of the department ofcorrection under the juvenile court's original dispositional decree, thejuvenile court may not award guardianship of the child back to thedepartment unless the juvenile court holds a hearing and finds thatthe child violated a modified dispositional decree.
As added by P.L.1-1997, SEC.20.
IC 31-37-22-3
Notice and hearing requirements; temporary order for emergencychange in child's residence
Sec. 3. (a) If the motion requests an emergency change in thechild's residence, the juvenile court may issue a temporary order.However, the probation officer shall then give notice to the personsaffected and the juvenile court shall hold a hearing on the questionif requested.
(b) If the motion requests any other modification, the probationofficer shall give notice to the persons affected and the juvenile courtshall hold a hearing on the question.
(c) The procedures specified in IC 31-37-17-1.4 andIC 31-37-18-9 apply to any modification of a dispositional decreeunder this chapter that requires or would require payment by thedepartment, under IC 31-40-1, for any of the costs of programs,placements, or services for or on behalf of the child.
As added by P.L.1-1997, SEC.20. Amended by P.L.146-2008,SEC.660.
IC 31-37-22-4
Notification of report; notice Sec. 4. If a hearing is required, IC 31-37-17 governs thepreparation and use of a modification report. The report shall beprepared if the state or any person other than the child or the child'sparent, guardian, guardian ad litem, or custodian is requesting themodification. Notice of any hearing under this chapter shall be givenin accordance with IC 31-37-18-1.3.
As added by P.L.1-1997, SEC.20. Amended by P.L.138-2007,SEC.89.
IC 31-37-22-4.5
Placement of delinquent child in out-of-home residence or facility;case plan
Sec. 4.5. (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
presently is 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 and appropriate enrollment of the child ina different school, including arrangements for the transferof the child's school records to the new school, ifremaining in the same school is not in the best interests ofthe child.
(e) The probation department and each caretaker of a child 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.131-2009, SEC.72.
IC 31-37-22-5
Placement of child in public or private facility for children
Sec. 5. If:
(1) a child is placed in a shelter care facility or other place ofresidence as part of a court order with respect to a delinquentact under IC 31-37-2-2;
(2) the child received a written warning of the consequences ofa violation of the placement at the hearing during which theplacement was ordered;
(3) the issuance of the warning was reflected in the records ofthe hearing;
(4) the child is not held in a juvenile detention facility for morethan twenty-four (24) hours, excluding Saturdays, Sundays, andlegal holidays, before the hearing at which it is determined thatthe child violated that part of the order concerning the child'splacement in a shelter care facility or other place of residence;and
(5) the child's mental and physical condition may be endangeredif the child is not placed in a secure facility;
the juvenile court may modify its disposition order with respect tothe delinquent act and place the child in a public or private facilityfor children under section 7 of this chapter.
As added by P.L.1-1997, SEC.20. Amended by P.L.146-2008,SEC.661.
IC 31-37-22-6
Placement of child for noncompliance concerning compulsory
school attendance
Sec. 6. If:
(1) a child fails to comply with IC 20-33-2 concerningcompulsory school attendance as part of a court order withrespect to a delinquent act under IC 31-37-2-3 (orIC 31-6-4-1(a)(3) before its repeal);
(2) the child received a written warning of the consequences ofa violation of the court order;
(3) the issuance of the warning was reflected in the records ofthe hearing;
(4) the child is not held in a juvenile detention facility for morethan twenty-four (24) hours, excluding Saturdays, Sundays, andlegal holidays, before the hearing at which it is determined thatthe child violated that part of the order concerning the child'sschool attendance; and
(5) the child's mental and physical condition may be endangeredif the child is not placed in a secure facility;
the juvenile court may modify its disposition order with respect tothe delinquent act and place the child in a public or private facilityfor children under section 7 of this chapter.
As added by P.L.1-1997, SEC.20. Amended by P.L.1-2005, SEC.214.
IC 31-37-22-7
Alternative facilities for placement
Sec. 7. (a) If the juvenile court modifies its disposition orderunder section 5 or 6 of this chapter, the court may order the childplaced under one (1) of the following alternatives:
(1) In a nonlocal secure private facility licensed under the lawsof any state. Placement under this alternative includesauthorization to control and discipline the child.
(2) In a local secure private facility licensed under Indiana law.Placement under this alternative includes authorization tocontrol and discipline the child.
(3) In a local secure public facility.
(4) In a local alternative facility approved by the juvenile court.
(5) As a ward of the department of correction for housing in anycorrectional facility for children. Wardship under thisalternative does not include the right to consent to the child'sadoption. However, without a determination of unavailablehousing by the department of correction, a child found to besubject to section 5 or 6 of this chapter and placed in a securefacility of the department of correction may not be housed withany child found to be delinquent under any other provision ofthis article.
(b) If the juvenile court places a child under subsection (a)(3) or(a)(4):
(1) the length of the placement may not exceed thirty (30) days;and
(2) the juvenile court shall order specific treatment of the childdesignated to eliminate the child's disobedience of the court's
order of placement.
(c) The juvenile court shall retain jurisdiction over any placementunder this section (or IC 31-6-7-16(d) before its repeal) and shallreview each placement every three (3) months to determine whetherplacement in a secure facility remains appropriate.
As added by P.L.1-1997, SEC.20.
IC 31-37-22-8
Description by local alternative facility seeking court approval
Sec. 8. A local alternative facility seeking the approval of thejuvenile court shall provide the court with a description of thefollowing:
(1) The facility's location and facilities.
(2) The facility's staff, including personnel qualifications.
(3) The maximum number of children who may be housed inthe facility, including a ratio of staff to children when thefacility is at maximum capacity.
(4) Funding sources.
(5) Programs that will be provided for children who are housedin the facility.
As added by P.L.1-1997, SEC.20.
IC 31-37-22-9
Copy of modified dispositional order for former Medicaid childrecipient by court to division of family resources
Sec. 9. If:
(1) a juvenile court modifies its disposition order under thischapter;
(2) the child named in the order received Medicaid beforedisposition as indicated by the predispositional report; and
(3) the juvenile court previously placed or intends to place thechild in:
(A) a juvenile detention facility; or
(B) a secure facility, not including a facility licensed as achild caring institution under IC 31-27;
the court shall immediately provide a copy of the modifieddispositional decree to the division of family resources.
As added by P.L.114-2009, SEC.4.