IC 31-34-22
Chapter 22. Reports Required for Reviewing Dispositional
Decrees
IC 31-34-22-1 Progress report; modification report
Sec. 1. (a) Before a case review under IC 31-34-21-2 or hearing
under IC 31-34-21-7, the department shall prepare a report on the
progress made in implementing the dispositional decree, including
the progress made in rehabilitating the child, preventing placement
out-of-home, or reuniting the family.
(b) Before preparing the report required by subsection (a), the
department shall consult a foster parent of the child about the child's
progress made while in the foster parent's care.
(c) If modification of the dispositional decree is recommended,
the department shall prepare a modification report containing the
information required by IC 31-34-18 and request a formal court
hearing. As added by P.L.1-1997, SEC.17. Amended by P.L.138-2007,
SEC.75; P.L.146-2008, SEC.610.
IC 31-34-22-2 Providing copies of reports and factual summaries of reports
Sec. 2. (a) Except as provided in subsection (b), a report prepared
by the state:
(1) for the juvenile court's review of the court's dispositional
decree; or
(2) prepared for use at a periodic case review under
IC 31-34-21-2 or hearing under IC 31-34-21-7;
shall be made available to the child, and the child's parent, foster
parent, guardian, guardian ad litem, court appointed special advocate,
custodian, or any other person who is entitled to receive notice of the
periodic case review or permanency hearing under IC 31-34-21-4
within a reasonable time after the report's presentation to the court or
before the hearing.
(b) If the court determines on the record that the report contains
information that should not be released to any person entitled to
receive a report under subsection (a), the court is not required to
make the report available to the person as required in subsection (a).
However, the court shall provide a copy of the report to the
following:
(1) Each attorney or guardian ad litem representing the child.
(2) Each attorney representing the child's parent, guardian, or
custodian.
(3) Each court appointed special advocate.
(c) The court may also provide a factual summary of the report to
the child or the child's parent, foster parent, guardian, or custodian. As added by P.L.1-1997, SEC.17. Amended by P.L.129-2005, SEC.8;
P.L.146-2006, SEC.53; P.L.138-2007, SEC.76. IC 31-34-22-3 Admissibility of reports and factual summaries of reports
Sec. 3. (a) Any report may be admitted into evidence to the extent
that the report contains evidence of probative value even if the
evidence would otherwise be excluded.
(b) If a report contains information that should not be released to
the child or the child's parent, guardian, custodian, or any other
person who is entitled to receive a report under section 2 of this
chapter, a factual summary of the report may be admitted.
(c) The following shall be given a fair opportunity to controvert
any part of the report admitted into evidence:
(1) The child.
(2) The child's parent, guardian, or custodian.
(3) The person representing the interests of the state.
(4) Any other person who is entitled to receive a report under
section 2 of this chapter. As added by P.L.1-1997, SEC.17. Amended by P.L.138-2007,
SEC.77.
IC 31-34-22
Chapter 22. Reports Required for Reviewing Dispositional
Decrees
IC 31-34-22-1 Progress report; modification report
Sec. 1. (a) Before a case review under IC 31-34-21-2 or hearing
under IC 31-34-21-7, the department shall prepare a report on the
progress made in implementing the dispositional decree, including
the progress made in rehabilitating the child, preventing placement
out-of-home, or reuniting the family.
(b) Before preparing the report required by subsection (a), the
department shall consult a foster parent of the child about the child's
progress made while in the foster parent's care.
(c) If modification of the dispositional decree is recommended,
the department shall prepare a modification report containing the
information required by IC 31-34-18 and request a formal court
hearing. As added by P.L.1-1997, SEC.17. Amended by P.L.138-2007,
SEC.75; P.L.146-2008, SEC.610.
IC 31-34-22-2 Providing copies of reports and factual summaries of reports
Sec. 2. (a) Except as provided in subsection (b), a report prepared
by the state:
(1) for the juvenile court's review of the court's dispositional
decree; or
(2) prepared for use at a periodic case review under
IC 31-34-21-2 or hearing under IC 31-34-21-7;
shall be made available to the child, and the child's parent, foster
parent, guardian, guardian ad litem, court appointed special advocate,
custodian, or any other person who is entitled to receive notice of the
periodic case review or permanency hearing under IC 31-34-21-4
within a reasonable time after the report's presentation to the court or
before the hearing.
(b) If the court determines on the record that the report contains
information that should not be released to any person entitled to
receive a report under subsection (a), the court is not required to
make the report available to the person as required in subsection (a).
However, the court shall provide a copy of the report to the
following:
(1) Each attorney or guardian ad litem representing the child.
(2) Each attorney representing the child's parent, guardian, or
custodian.
(3) Each court appointed special advocate.
(c) The court may also provide a factual summary of the report to
the child or the child's parent, foster parent, guardian, or custodian. As added by P.L.1-1997, SEC.17. Amended by P.L.129-2005, SEC.8;
P.L.146-2006, SEC.53; P.L.138-2007, SEC.76. IC 31-34-22-3 Admissibility of reports and factual summaries of reports
Sec. 3. (a) Any report may be admitted into evidence to the extent
that the report contains evidence of probative value even if the
evidence would otherwise be excluded.
(b) If a report contains information that should not be released to
the child or the child's parent, guardian, custodian, or any other
person who is entitled to receive a report under section 2 of this
chapter, a factual summary of the report may be admitted.
(c) The following shall be given a fair opportunity to controvert
any part of the report admitted into evidence:
(1) The child.
(2) The child's parent, guardian, or custodian.
(3) The person representing the interests of the state.
(4) Any other person who is entitled to receive a report under
section 2 of this chapter. As added by P.L.1-1997, SEC.17. Amended by P.L.138-2007,
SEC.77.
IC 31-34-22
Chapter 22. Reports Required for Reviewing Dispositional
Decrees
IC 31-34-22-1 Progress report; modification report
Sec. 1. (a) Before a case review under IC 31-34-21-2 or hearing
under IC 31-34-21-7, the department shall prepare a report on the
progress made in implementing the dispositional decree, including
the progress made in rehabilitating the child, preventing placement
out-of-home, or reuniting the family.
(b) Before preparing the report required by subsection (a), the
department shall consult a foster parent of the child about the child's
progress made while in the foster parent's care.
(c) If modification of the dispositional decree is recommended,
the department shall prepare a modification report containing the
information required by IC 31-34-18 and request a formal court
hearing. As added by P.L.1-1997, SEC.17. Amended by P.L.138-2007,
SEC.75; P.L.146-2008, SEC.610.
IC 31-34-22-2 Providing copies of reports and factual summaries of reports
Sec. 2. (a) Except as provided in subsection (b), a report prepared
by the state:
(1) for the juvenile court's review of the court's dispositional
decree; or
(2) prepared for use at a periodic case review under
IC 31-34-21-2 or hearing under IC 31-34-21-7;
shall be made available to the child, and the child's parent, foster
parent, guardian, guardian ad litem, court appointed special advocate,
custodian, or any other person who is entitled to receive notice of the
periodic case review or permanency hearing under IC 31-34-21-4
within a reasonable time after the report's presentation to the court or
before the hearing.
(b) If the court determines on the record that the report contains
information that should not be released to any person entitled to
receive a report under subsection (a), the court is not required to
make the report available to the person as required in subsection (a).
However, the court shall provide a copy of the report to the
following:
(1) Each attorney or guardian ad litem representing the child.
(2) Each attorney representing the child's parent, guardian, or
custodian.
(3) Each court appointed special advocate.
(c) The court may also provide a factual summary of the report to
the child or the child's parent, foster parent, guardian, or custodian. As added by P.L.1-1997, SEC.17. Amended by P.L.129-2005, SEC.8;
P.L.146-2006, SEC.53; P.L.138-2007, SEC.76. IC 31-34-22-3 Admissibility of reports and factual summaries of reports
Sec. 3. (a) Any report may be admitted into evidence to the extent
that the report contains evidence of probative value even if the
evidence would otherwise be excluded.
(b) If a report contains information that should not be released to
the child or the child's parent, guardian, custodian, or any other
person who is entitled to receive a report under section 2 of this
chapter, a factual summary of the report may be admitted.
(c) The following shall be given a fair opportunity to controvert
any part of the report admitted into evidence:
(1) The child.
(2) The child's parent, guardian, or custodian.
(3) The person representing the interests of the state.
(4) Any other person who is entitled to receive a report under
section 2 of this chapter. As added by P.L.1-1997, SEC.17. Amended by P.L.138-2007,
SEC.77.
