IC 31-34-20-1 Entry of dispositional decree; placement in home or facility outside
Indiana; 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 enter
one (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, a
psychiatric, a medical, or an educational facility; or
(B) from an individual practitioner.
(3) Remove the child from the child's home and authorize the
department to place the child in another home or shelter care
facility. Placement under this subdivision includes authorization
to control and discipline the child.
(4) Award wardship of the child to the department for
supervision, care, and placement.
(5) Partially or completely emancipate the child under section
6 of this chapter.
(6) Order the child's parent, guardian, or custodian to complete
services recommended by the department and approved by the
court 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 or
indirect contact with the child.
(8) Order a perpetrator of child abuse or neglect to refrain from
returning to the child's residence.
(b) A juvenile court may not place a child in a home or facility
that is located outside Indiana unless:
(1) the placement is recommended or approved by the director
of the department or the director's designee; or
(2) the juvenile court makes written findings based on clear and
convincing evidence that:
(A) the out-of-state placement is appropriate because there
is not a comparable facility with adequate services located in
Indiana; or
(B) the location of the home or facility is within a distance
not greater than fifty (50) miles from the county of residence
of 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 the department; and
(2) is the first juvenile court order in the child in need of
services proceeding that authorizes or approves removal of the
child from the child's parent, guardian, or custodian;
the juvenile court shall include in the decree the appropriate findings
and 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;
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 juvenile
court may not enter a dispositional decree approving or ordering
placement of a child in another home under section 1(a)(3) of this
chapter or awarding wardship to the department that will place the
child in another home under section 1(a)(4) of this chapter if a
person who is currently residing in the home in which the child
would be placed under section 1(a)(3) or 1(a)(4) of this chapter has
committed an act resulting in a substantiated report of child abuse or
neglect, has a juvenile adjudication 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 in IC 31-27-4-13.
(b) The department or caseworker who prepared the
predispositional report shall conduct a criminal history check (as
defined in IC 31-9-2-22.5) to determine if a person described in
subsection (a) has committed an act resulting in a substantiated
report of child abuse or neglect, has a juvenile adjudication 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 in IC 31-27-4-13.
However, the department or caseworker is not required to conduct a
criminal history check under this section if criminal history
information under IC 31-34-4-2 or IC 31-34-18-6.1 establishes
whether a person described in subsection (a) has committed an act
resulting in a substantiated report of child abuse or neglect, has a
juvenile adjudication 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 in IC 31-27-4-13.
(c) The department or caseworker is not required to conduct a
criminal history check under this section if:
(1) the department or caseworker is considering only an
out-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 the
predispositional report is prepared.
(d) A juvenile court may enter a dispositional decree that
approves placement of a child in another home or award wardship to
the department that will place the child in a home with a person
described in subsection (a) if:
(1) the person described in subsection (a) has:
(A) committed an act resulting in a substantiated report of
child 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 or
D 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 or
IC 35-47.5 as a Class C or D felony;
(vi) a felony relating to controlled substances under
IC 35-48-4 as a Class C or D felony; or
(vii) a felony that is substantially equivalent to a felony
listed in items (i) through (vi) for which the conviction
was entered in another state; and
(2) the court makes a written finding that the person's
commission of the offense, delinquent act, or act of abuse or
neglect described in subdivision (1) is not relevant to the
person's present ability to care for a child, and that the
dispositional decree placing a child in another home or
awarding wardship to a county office is in the best interest of
the child.
However, a court may not enter a dispositional decree that approves
placement of a child in another home or awards wardship to the
department if the person has been convicted of a felony listed in
IC 31-27-4-13 that is not specifically excluded under subdivision
(1)(B), or has a juvenile adjudication for an act that would be a
felony listed in IC 31-27-4-13 if committed by an adult that is not
specifically excluded under subdivision (1)(B).
(e) In making its written finding under subsection (d), the court
shall consider the following:
(1) The length of time since the person committed the offense,
delinquent act, or act that resulted in the substantiated report of
abuse or neglect.
(2) The severity of the offense, delinquent act, or abuse or
neglect.
(3) Evidence of the person's rehabilitation, including the
person'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; protective
order depository; confidential form
Sec. 2. If a court enters a dispositional decree that includes a no
contact order under section 1(7) of this chapter:
(1) the clerk of the court that enters a dispositional decree that
includes a no contact order under section 1(7) of this chapter
shall comply with IC 5-2-9; and
(2) the petitioner shall file a confidential form prescribed or
approved by the division of state court administration with the
clerk. 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 in
program of care, treatment, or rehabilitation for child
Sec. 3. If the juvenile court determines that a parent, guardian, or
custodian should participate in a program of care, treatment, or
rehabilitation 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 the
child.
(3) Work with a person providing care, treatment, or
rehabilitation for the child.
(4) Participate in a program operated by or through the
department 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 law
enforcement agencies
Sec. 4. (a) The clerk of the court that enters a dispositional decree
under this chapter that requires a person to refrain from direct or
indirect contact with a child shall provide a copy of the decree to the
following:
(1) Each party.
(2) The sheriff.
(3) The law enforcement agency of the municipality, if any, in
which the child resides.
(b) Each sheriff and law enforcement agency that receives a
decree under subsection (a) shall maintain a copy of the decree in the
depository established by IC 5-2-9. The decree may be removed from
the 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 juvenile
court:
(1) places a child;
(2) changes the placement of a child; or
(3) reviews the implementation of a decree under IC 31-34-21
of a child placed;
in a state licensed private or public health care facility, child care
facility, foster family home, or the home of a relative or other
unlicensed caretaker.
(b) The juvenile court shall do the following:
(1) Make findings of fact concerning the legal settlement of the
child.
(2) Apply IC 20-26-11-2(1) through IC 20-26-11-2(8) to
determine 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 of
the child is in the school corporation in which the child will attend
school under IC 20-26-11-8(d).
(d) The juvenile court shall comply with the reporting
requirements under IC 20-26-11-9 concerning the legal settlement of
the child.
(e) The department or a juvenile court may place a child in a
public school, regardless of whether the public school has a waiting
list for admissions, if the department or juvenile court determines
that the school's program meets the child's educational needs and the
school agrees to the placement. A placement under this subsection
does 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 under
section 1(5) of this chapter if the court finds that the child:
(1) wishes to be free from parental control and protection and
no longer needs that control and protection;
(2) has sufficient money for the child's own support;
(3) understands the consequences of being free from parental
control and protection; and
(4) has an acceptable plan for independent living.
(b) If the juvenile court partially or completely emancipates the
child, the court shall specify the terms of the emancipation, which
may include the following:
(1) Suspension of the parent's or guardian's duty to support the
child. In this case the judgment of emancipation supersedes the
support order of a court.
(2) Suspension of the following:
(A) The parent's or guardian's right to the control or custody
of 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.
IC 31-34-20-1 Entry of dispositional decree; placement in home or facility outside
Indiana; 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 enter
one (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, a
psychiatric, a medical, or an educational facility; or
(B) from an individual practitioner.
(3) Remove the child from the child's home and authorize the
department to place the child in another home or shelter care
facility. Placement under this subdivision includes authorization
to control and discipline the child.
(4) Award wardship of the child to the department for
supervision, care, and placement.
(5) Partially or completely emancipate the child under section
6 of this chapter.
(6) Order the child's parent, guardian, or custodian to complete
services recommended by the department and approved by the
court 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 or
indirect contact with the child.
(8) Order a perpetrator of child abuse or neglect to refrain from
returning to the child's residence.
(b) A juvenile court may not place a child in a home or facility
that is located outside Indiana unless:
(1) the placement is recommended or approved by the director
of the department or the director's designee; or
(2) the juvenile court makes written findings based on clear and
convincing evidence that:
(A) the out-of-state placement is appropriate because there
is not a comparable facility with adequate services located in
Indiana; or
(B) the location of the home or facility is within a distance
not greater than fifty (50) miles from the county of residence
of 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 the department; and
(2) is the first juvenile court order in the child in need of
services proceeding that authorizes or approves removal of the
child from the child's parent, guardian, or custodian;
the juvenile court shall include in the decree the appropriate findings
and 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;
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 juvenile
court may not enter a dispositional decree approving or ordering
placement of a child in another home under section 1(a)(3) of this
chapter or awarding wardship to the department that will place the
child in another home under section 1(a)(4) of this chapter if a
person who is currently residing in the home in which the child
would be placed under section 1(a)(3) or 1(a)(4) of this chapter has
committed an act resulting in a substantiated report of child abuse or
neglect, has a juvenile adjudication 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 in IC 31-27-4-13.
(b) The department or caseworker who prepared the
predispositional report shall conduct a criminal history check (as
defined in IC 31-9-2-22.5) to determine if a person described in
subsection (a) has committed an act resulting in a substantiated
report of child abuse or neglect, has a juvenile adjudication 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 in IC 31-27-4-13.
However, the department or caseworker is not required to conduct a
criminal history check under this section if criminal history
information under IC 31-34-4-2 or IC 31-34-18-6.1 establishes
whether a person described in subsection (a) has committed an act
resulting in a substantiated report of child abuse or neglect, has a
juvenile adjudication 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 in IC 31-27-4-13.
(c) The department or caseworker is not required to conduct a
criminal history check under this section if:
(1) the department or caseworker is considering only an
out-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 the
predispositional report is prepared.
(d) A juvenile court may enter a dispositional decree that
approves placement of a child in another home or award wardship to
the department that will place the child in a home with a person
described in subsection (a) if:
(1) the person described in subsection (a) has:
(A) committed an act resulting in a substantiated report of
child 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 or
D 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 or
IC 35-47.5 as a Class C or D felony;
(vi) a felony relating to controlled substances under
IC 35-48-4 as a Class C or D felony; or
(vii) a felony that is substantially equivalent to a felony
listed in items (i) through (vi) for which the conviction
was entered in another state; and
(2) the court makes a written finding that the person's
commission of the offense, delinquent act, or act of abuse or
neglect described in subdivision (1) is not relevant to the
person's present ability to care for a child, and that the
dispositional decree placing a child in another home or
awarding wardship to a county office is in the best interest of
the child.
However, a court may not enter a dispositional decree that approves
placement of a child in another home or awards wardship to the
department if the person has been convicted of a felony listed in
IC 31-27-4-13 that is not specifically excluded under subdivision
(1)(B), or has a juvenile adjudication for an act that would be a
felony listed in IC 31-27-4-13 if committed by an adult that is not
specifically excluded under subdivision (1)(B).
(e) In making its written finding under subsection (d), the court
shall consider the following:
(1) The length of time since the person committed the offense,
delinquent act, or act that resulted in the substantiated report of
abuse or neglect.
(2) The severity of the offense, delinquent act, or abuse or
neglect.
(3) Evidence of the person's rehabilitation, including the
person'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; protective
order depository; confidential form
Sec. 2. If a court enters a dispositional decree that includes a no
contact order under section 1(7) of this chapter:
(1) the clerk of the court that enters a dispositional decree that
includes a no contact order under section 1(7) of this chapter
shall comply with IC 5-2-9; and
(2) the petitioner shall file a confidential form prescribed or
approved by the division of state court administration with the
clerk. 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 in
program of care, treatment, or rehabilitation for child
Sec. 3. If the juvenile court determines that a parent, guardian, or
custodian should participate in a program of care, treatment, or
rehabilitation 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 the
child.
(3) Work with a person providing care, treatment, or
rehabilitation for the child.
(4) Participate in a program operated by or through the
department 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 law
enforcement agencies
Sec. 4. (a) The clerk of the court that enters a dispositional decree
under this chapter that requires a person to refrain from direct or
indirect contact with a child shall provide a copy of the decree to the
following:
(1) Each party.
(2) The sheriff.
(3) The law enforcement agency of the municipality, if any, in
which the child resides.
(b) Each sheriff and law enforcement agency that receives a
decree under subsection (a) shall maintain a copy of the decree in the
depository established by IC 5-2-9. The decree may be removed from
the 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 juvenile
court:
(1) places a child;
(2) changes the placement of a child; or
(3) reviews the implementation of a decree under IC 31-34-21
of a child placed;
in a state licensed private or public health care facility, child care
facility, foster family home, or the home of a relative or other
unlicensed caretaker.
(b) The juvenile court shall do the following:
(1) Make findings of fact concerning the legal settlement of the
child.
(2) Apply IC 20-26-11-2(1) through IC 20-26-11-2(8) to
determine 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 of
the child is in the school corporation in which the child will attend
school under IC 20-26-11-8(d).
(d) The juvenile court shall comply with the reporting
requirements under IC 20-26-11-9 concerning the legal settlement of
the child.
(e) The department or a juvenile court may place a child in a
public school, regardless of whether the public school has a waiting
list for admissions, if the department or juvenile court determines
that the school's program meets the child's educational needs and the
school agrees to the placement. A placement under this subsection
does 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 under
section 1(5) of this chapter if the court finds that the child:
(1) wishes to be free from parental control and protection and
no longer needs that control and protection;
(2) has sufficient money for the child's own support;
(3) understands the consequences of being free from parental
control and protection; and
(4) has an acceptable plan for independent living.
(b) If the juvenile court partially or completely emancipates the
child, the court shall specify the terms of the emancipation, which
may include the following:
(1) Suspension of the parent's or guardian's duty to support the
child. In this case the judgment of emancipation supersedes the
support order of a court.
(2) Suspension of the following:
(A) The parent's or guardian's right to the control or custody
of 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.
IC 31-34-20-1 Entry of dispositional decree; placement in home or facility outside
Indiana; 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 enter
one (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, a
psychiatric, a medical, or an educational facility; or
(B) from an individual practitioner.
(3) Remove the child from the child's home and authorize the
department to place the child in another home or shelter care
facility. Placement under this subdivision includes authorization
to control and discipline the child.
(4) Award wardship of the child to the department for
supervision, care, and placement.
(5) Partially or completely emancipate the child under section
6 of this chapter.
(6) Order the child's parent, guardian, or custodian to complete
services recommended by the department and approved by the
court 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 or
indirect contact with the child.
(8) Order a perpetrator of child abuse or neglect to refrain from
returning to the child's residence.
(b) A juvenile court may not place a child in a home or facility
that is located outside Indiana unless:
(1) the placement is recommended or approved by the director
of the department or the director's designee; or
(2) the juvenile court makes written findings based on clear and
convincing evidence that:
(A) the out-of-state placement is appropriate because there
is not a comparable facility with adequate services located in
Indiana; or
(B) the location of the home or facility is within a distance
not greater than fifty (50) miles from the county of residence
of 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 the department; and
(2) is the first juvenile court order in the child in need of
services proceeding that authorizes or approves removal of the
child from the child's parent, guardian, or custodian;
the juvenile court shall include in the decree the appropriate findings
and 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;
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 juvenile
court may not enter a dispositional decree approving or ordering
placement of a child in another home under section 1(a)(3) of this
chapter or awarding wardship to the department that will place the
child in another home under section 1(a)(4) of this chapter if a
person who is currently residing in the home in which the child
would be placed under section 1(a)(3) or 1(a)(4) of this chapter has
committed an act resulting in a substantiated report of child abuse or
neglect, has a juvenile adjudication 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 in IC 31-27-4-13.
(b) The department or caseworker who prepared the
predispositional report shall conduct a criminal history check (as
defined in IC 31-9-2-22.5) to determine if a person described in
subsection (a) has committed an act resulting in a substantiated
report of child abuse or neglect, has a juvenile adjudication 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 in IC 31-27-4-13.
However, the department or caseworker is not required to conduct a
criminal history check under this section if criminal history
information under IC 31-34-4-2 or IC 31-34-18-6.1 establishes
whether a person described in subsection (a) has committed an act
resulting in a substantiated report of child abuse or neglect, has a
juvenile adjudication 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 in IC 31-27-4-13.
(c) The department or caseworker is not required to conduct a
criminal history check under this section if:
(1) the department or caseworker is considering only an
out-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 the
predispositional report is prepared.
(d) A juvenile court may enter a dispositional decree that
approves placement of a child in another home or award wardship to
the department that will place the child in a home with a person
described in subsection (a) if:
(1) the person described in subsection (a) has:
(A) committed an act resulting in a substantiated report of
child 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 or
D 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 or
IC 35-47.5 as a Class C or D felony;
(vi) a felony relating to controlled substances under
IC 35-48-4 as a Class C or D felony; or
(vii) a felony that is substantially equivalent to a felony
listed in items (i) through (vi) for which the conviction
was entered in another state; and
(2) the court makes a written finding that the person's
commission of the offense, delinquent act, or act of abuse or
neglect described in subdivision (1) is not relevant to the
person's present ability to care for a child, and that the
dispositional decree placing a child in another home or
awarding wardship to a county office is in the best interest of
the child.
However, a court may not enter a dispositional decree that approves
placement of a child in another home or awards wardship to the
department if the person has been convicted of a felony listed in
IC 31-27-4-13 that is not specifically excluded under subdivision
(1)(B), or has a juvenile adjudication for an act that would be a
felony listed in IC 31-27-4-13 if committed by an adult that is not
specifically excluded under subdivision (1)(B).
(e) In making its written finding under subsection (d), the court
shall consider the following:
(1) The length of time since the person committed the offense,
delinquent act, or act that resulted in the substantiated report of
abuse or neglect.
(2) The severity of the offense, delinquent act, or abuse or
neglect.
(3) Evidence of the person's rehabilitation, including the
person'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; protective
order depository; confidential form
Sec. 2. If a court enters a dispositional decree that includes a no
contact order under section 1(7) of this chapter:
(1) the clerk of the court that enters a dispositional decree that
includes a no contact order under section 1(7) of this chapter
shall comply with IC 5-2-9; and
(2) the petitioner shall file a confidential form prescribed or
approved by the division of state court administration with the
clerk. 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 in
program of care, treatment, or rehabilitation for child
Sec. 3. If the juvenile court determines that a parent, guardian, or
custodian should participate in a program of care, treatment, or
rehabilitation 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 the
child.
(3) Work with a person providing care, treatment, or
rehabilitation for the child.
(4) Participate in a program operated by or through the
department 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 law
enforcement agencies
Sec. 4. (a) The clerk of the court that enters a dispositional decree
under this chapter that requires a person to refrain from direct or
indirect contact with a child shall provide a copy of the decree to the
following:
(1) Each party.
(2) The sheriff.
(3) The law enforcement agency of the municipality, if any, in
which the child resides.
(b) Each sheriff and law enforcement agency that receives a
decree under subsection (a) shall maintain a copy of the decree in the
depository established by IC 5-2-9. The decree may be removed from
the 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 juvenile
court:
(1) places a child;
(2) changes the placement of a child; or
(3) reviews the implementation of a decree under IC 31-34-21
of a child placed;
in a state licensed private or public health care facility, child care
facility, foster family home, or the home of a relative or other
unlicensed caretaker.
(b) The juvenile court shall do the following:
(1) Make findings of fact concerning the legal settlement of the
child.
(2) Apply IC 20-26-11-2(1) through IC 20-26-11-2(8) to
determine 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 of
the child is in the school corporation in which the child will attend
school under IC 20-26-11-8(d).
(d) The juvenile court shall comply with the reporting
requirements under IC 20-26-11-9 concerning the legal settlement of
the child.
(e) The department or a juvenile court may place a child in a
public school, regardless of whether the public school has a waiting
list for admissions, if the department or juvenile court determines
that the school's program meets the child's educational needs and the
school agrees to the placement. A placement under this subsection
does 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 under
section 1(5) of this chapter if the court finds that the child:
(1) wishes to be free from parental control and protection and
no longer needs that control and protection;
(2) has sufficient money for the child's own support;
(3) understands the consequences of being free from parental
control and protection; and
(4) has an acceptable plan for independent living.
(b) If the juvenile court partially or completely emancipates the
child, the court shall specify the terms of the emancipation, which
may include the following:
(1) Suspension of the parent's or guardian's duty to support the
child. In this case the judgment of emancipation supersedes the
support order of a court.
(2) Suspension of the following:
(A) The parent's or guardian's right to the control or custody
of 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.
