IC 31-34-4
Chapter 4. Temporary Placement of Child Taken Into Custody
IC 31-34-4-1 Application of chapter
Sec. 1. This chapter applies only to a child alleged to be a child in
need of services. As added by P.L.1-1997, SEC.17.
IC 31-34-4-2 Placement of child with relative caretaker, de facto custodian, or
stepparent; criminal history check required; exceptions
Sec. 2. (a) If a child alleged to be a child in need of services is
taken into custody under an order of the court under this chapter and
the court orders out-of-home placement, the department is
responsible for that placement and care and must consider placing
the child with a:
(1) suitable and willing blood or an adoptive relative caretaker,
including a grandparent, an aunt, an uncle, or an adult sibling;
(2) de facto custodian; or
(3) stepparent;
before considering any other out-of-home placement.
(b) Before the department places a child in need of services with
a blood relative or an adoptive relative caretaker, a de facto
custodian, or a stepparent, the department shall complete an
evaluation based on a home visit of the relative's home.
(c) Except as provided in subsection (e), before placing a child in
need of services in an out-of-home placement, including placement
with a blood or an adoptive relative caretaker, a de facto custodian,
or a stepparent, the department shall conduct a criminal history check
of each person who is currently residing in the location designated as
the out-of-home placement.
(d) Except as provided in subsection (f), the department may not
make an out-of-home placement if a person described in subsection
(c) has:
(1) committed an act resulting in a substantiated report of child
abuse or neglect; or
(2) been convicted of a felony listed in IC 31-27-4-13 or had a
juvenile adjudication for an act that would be a felony listed in
IC 31-27-4-13 if committed by an adult.
(e) The department is not required to conduct a criminal history
check under subsection (c) if the department makes an out-of-home
placement to an entity or a facility that is not a residence (as defined
in IC 3-5-2-42.5) or that is licensed by the state.
(f) A court may order or the department may approve an
out-of-home placement if:
(1) a person described in subsection (c) 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
placement is in the best interest of the child.
However, a court or the department may not make an out-of-home
placement 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).
(g) In making its written finding under subsection (f), the court
shall consider the following:
(1) The length of time since the person committed the offense,
delinquent act, or 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.1-1997, SEC.17. Amended by P.L.70-2004, SEC.18;
P.L.234-2005, SEC.176; P.L.145-2006, SEC.290; P.L.1-2007,
SEC.206; P.L.52-2007, SEC.9; P.L.146-2008, SEC.578.
IC 31-34-4-3 Order to take child to designated place pending detention hearing
Sec. 3. If a child is taken into custody under an order of the court,
the law enforcement officer shall take the child to a place designated
in the order to await a detention hearing. As added by P.L.1-1997, SEC.17.
IC 31-34-4-4 Release, delivery, or detention of child taken into custody without
court order
Sec. 4. If a child is taken into custody without an order of the
court, the person taking the child into custody:
(1) may:
(A) release the child; or
(B) deliver the child to a place designated by the juvenile
court; and
(2) if the child is detained, shall promptly notify the child's
parent, guardian, or custodian and an intake officer:
(A) that the child is being held; and
(B) of the reasons for the child's detention. As added by P.L.1-1997, SEC.17.
IC 31-34-4-5 Investigation, release, or detention by intake officer of child taken
into custody without court order
Sec. 5. If the child was not taken into custody under an order of
the court, the intake officer shall investigate the reasons for the
child's detention. The intake officer shall release the child to the
child's parent, guardian, or custodian upon the person's written
promise to bring the child before the juvenile court at a time
specified. However, the intake officer may place the child in
detention if the intake officer reasonably believes that the child is a
child in need of services and that:
(1) detention is necessary to protect the child;
(2) the child is unlikely to appear before the juvenile court for
subsequent proceedings;
(3) the child has a reasonable basis for requesting that the child
not be released; or
(4) the parent, guardian, or custodian:
(A) cannot be located; or
(B) is unable or unwilling to take custody of the child. As added by P.L.1-1997, SEC.17.
IC 31-34-4-6 Duty to inform parent, custodian, or guardian of legal rights
Sec. 6. (a) The department shall submit written information to a
parent, custodian, or guardian of a child who is alleged to be abused
or neglected regarding the following legal rights of the parent,
custodian, or guardian:
(1) The right to have a detention hearing held by a court within
forty-eight (48) hours after the child's removal from the home
and to request return of the child at the hearing.
(2) The right to:
(A) be represented by an attorney;
(B) cross examine witnesses; and
(C) present evidence on the parent's, custodian's, or
guardian's own behalf;
at each court proceeding on a petition alleging that the child is
a child in need of services. The parent, guardian, or custodian
has the right to be represented by a court appointed attorney
under clause (A) upon the request of the parent, guardian, or
custodian if the court finds that the parent, guardian, or
custodian does not have sufficient financial means for obtaining
representation as described in IC 34-10-1.
(3) The right not to make statements that incriminate the parent,
custodian, or guardian and that an incriminating statement may
be used during a court proceeding on a petition alleging that the
child is a child in need of services.
(4) The right to request to have the case reviewed by the child
protection team under IC 31-33-3-6.
(5) The right to be advised that after July 1, 1999, a petition to
terminate the parent-child relationship must be filed whenever
a child has been removed from the child's parent and has been
under the supervision of the department for at least fifteen (15)
months of the most recent twenty-two (22) months.
(b) The department shall submit the written information under
subsection (a) to the child's parent, guardian, or custodian at the time:
(1) the child is taken into custody; or
(2) the department files a petition alleging that the child is a
child in need of services;
whichever occurs earlier. As added by P.L.1-1997, SEC.17. Amended by P.L.35-1998, SEC.5;
P.L.145-2006, SEC.291.
IC 31-34-4-7 Court submission of certain proposed services, programs, and
out-of-home placement to department; approval or disapproval by
department; court orders; appeal by department; payment of costs
Sec. 7. (a) This section applies to services and programs provided
to or on behalf of a child alleged to be a child in need of services at
any time before:
(1) entry of a dispositional decree under IC 31-34-20; or
(2) approval of a program of informal adjustment under
IC 31-34-8.
(b) Before a juvenile court orders or approves a service, a
program, or an out-of-home placement for a child that has not been
recommended by the department, the court shall submit the proposed
service, program, or placement to the department for consideration.
The department shall, within three (3) business days after receipt of
the court's proposal, submit to the court a report stating whether the
department approves or disapproves the proposed service, program,
or placement.
(c) If the department approves the service, program, or placement
recommended by the juvenile court, the court may enter an
appropriate order to implement the approved proposal. If the
department does not approve a service, program, or placement
proposed by the juvenile court, the department may recommend an
alternative service, program, or placement for the child.
(d) The juvenile court shall accept the recommendations of the
department regarding any predispositional services, programs, or
placement for the child, unless the juvenile court finds a
recommendation is:
(1) unreasonable, based on the facts and circumstances of the
case; or
(2) contrary to the welfare and best interests of the child.
(e) If the juvenile court does not accept the recommendations of
the department in the report submitted under subsection (b), the court
may enter an order that:
(1) requires the department to provide a specified service,
program, or placement until entry of a dispositional decree or
until the order is otherwise modified or terminated; and
(2) specifically states the reasons why the juvenile court is not
accepting the recommendations of the department, including the
court's findings under subsection (d).
(f) If the juvenile court enters its findings and order under
subsection (e), the department may appeal the juvenile court's order
under any available procedure provided by the Indiana Rules of Trial
Procedure or the Indiana Rules of Appellate Procedure to allow any
disputes arising under this section to be decided in an expeditious
manner.
(g) If the department prevails on appeal, the department shall pay
the following costs and expenses incurred by or on behalf of the
child before the date of the final decision:
(1) Any programs or services implemented during the appeal
initiated under subsection (f), other than the cost of an
out-of-home placement ordered by the juvenile court.
(2) Any out-of-home placement ordered by the juvenile court
and implemented after entry of the court order of placement, if
the juvenile court order includes written findings that the
placement is an emergency required to protect the health and
welfare of the child.
If the court has not made written findings that the placement is an
emergency, the county in which the juvenile court is located is
responsible for payment of all costs of the placement, including the
cost of services and programs provided by the home or facility where
the child was placed. As added by P.L.146-2008, SEC.579.
IC 31-34-4
Chapter 4. Temporary Placement of Child Taken Into Custody
IC 31-34-4-1 Application of chapter
Sec. 1. This chapter applies only to a child alleged to be a child in
need of services. As added by P.L.1-1997, SEC.17.
IC 31-34-4-2 Placement of child with relative caretaker, de facto custodian, or
stepparent; criminal history check required; exceptions
Sec. 2. (a) If a child alleged to be a child in need of services is
taken into custody under an order of the court under this chapter and
the court orders out-of-home placement, the department is
responsible for that placement and care and must consider placing
the child with a:
(1) suitable and willing blood or an adoptive relative caretaker,
including a grandparent, an aunt, an uncle, or an adult sibling;
(2) de facto custodian; or
(3) stepparent;
before considering any other out-of-home placement.
(b) Before the department places a child in need of services with
a blood relative or an adoptive relative caretaker, a de facto
custodian, or a stepparent, the department shall complete an
evaluation based on a home visit of the relative's home.
(c) Except as provided in subsection (e), before placing a child in
need of services in an out-of-home placement, including placement
with a blood or an adoptive relative caretaker, a de facto custodian,
or a stepparent, the department shall conduct a criminal history check
of each person who is currently residing in the location designated as
the out-of-home placement.
(d) Except as provided in subsection (f), the department may not
make an out-of-home placement if a person described in subsection
(c) has:
(1) committed an act resulting in a substantiated report of child
abuse or neglect; or
(2) been convicted of a felony listed in IC 31-27-4-13 or had a
juvenile adjudication for an act that would be a felony listed in
IC 31-27-4-13 if committed by an adult.
(e) The department is not required to conduct a criminal history
check under subsection (c) if the department makes an out-of-home
placement to an entity or a facility that is not a residence (as defined
in IC 3-5-2-42.5) or that is licensed by the state.
(f) A court may order or the department may approve an
out-of-home placement if:
(1) a person described in subsection (c) 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
placement is in the best interest of the child.
However, a court or the department may not make an out-of-home
placement 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).
(g) In making its written finding under subsection (f), the court
shall consider the following:
(1) The length of time since the person committed the offense,
delinquent act, or 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.1-1997, SEC.17. Amended by P.L.70-2004, SEC.18;
P.L.234-2005, SEC.176; P.L.145-2006, SEC.290; P.L.1-2007,
SEC.206; P.L.52-2007, SEC.9; P.L.146-2008, SEC.578.
IC 31-34-4-3 Order to take child to designated place pending detention hearing
Sec. 3. If a child is taken into custody under an order of the court,
the law enforcement officer shall take the child to a place designated
in the order to await a detention hearing. As added by P.L.1-1997, SEC.17.
IC 31-34-4-4 Release, delivery, or detention of child taken into custody without
court order
Sec. 4. If a child is taken into custody without an order of the
court, the person taking the child into custody:
(1) may:
(A) release the child; or
(B) deliver the child to a place designated by the juvenile
court; and
(2) if the child is detained, shall promptly notify the child's
parent, guardian, or custodian and an intake officer:
(A) that the child is being held; and
(B) of the reasons for the child's detention. As added by P.L.1-1997, SEC.17.
IC 31-34-4-5 Investigation, release, or detention by intake officer of child taken
into custody without court order
Sec. 5. If the child was not taken into custody under an order of
the court, the intake officer shall investigate the reasons for the
child's detention. The intake officer shall release the child to the
child's parent, guardian, or custodian upon the person's written
promise to bring the child before the juvenile court at a time
specified. However, the intake officer may place the child in
detention if the intake officer reasonably believes that the child is a
child in need of services and that:
(1) detention is necessary to protect the child;
(2) the child is unlikely to appear before the juvenile court for
subsequent proceedings;
(3) the child has a reasonable basis for requesting that the child
not be released; or
(4) the parent, guardian, or custodian:
(A) cannot be located; or
(B) is unable or unwilling to take custody of the child. As added by P.L.1-1997, SEC.17.
IC 31-34-4-6 Duty to inform parent, custodian, or guardian of legal rights
Sec. 6. (a) The department shall submit written information to a
parent, custodian, or guardian of a child who is alleged to be abused
or neglected regarding the following legal rights of the parent,
custodian, or guardian:
(1) The right to have a detention hearing held by a court within
forty-eight (48) hours after the child's removal from the home
and to request return of the child at the hearing.
(2) The right to:
(A) be represented by an attorney;
(B) cross examine witnesses; and
(C) present evidence on the parent's, custodian's, or
guardian's own behalf;
at each court proceeding on a petition alleging that the child is
a child in need of services. The parent, guardian, or custodian
has the right to be represented by a court appointed attorney
under clause (A) upon the request of the parent, guardian, or
custodian if the court finds that the parent, guardian, or
custodian does not have sufficient financial means for obtaining
representation as described in IC 34-10-1.
(3) The right not to make statements that incriminate the parent,
custodian, or guardian and that an incriminating statement may
be used during a court proceeding on a petition alleging that the
child is a child in need of services.
(4) The right to request to have the case reviewed by the child
protection team under IC 31-33-3-6.
(5) The right to be advised that after July 1, 1999, a petition to
terminate the parent-child relationship must be filed whenever
a child has been removed from the child's parent and has been
under the supervision of the department for at least fifteen (15)
months of the most recent twenty-two (22) months.
(b) The department shall submit the written information under
subsection (a) to the child's parent, guardian, or custodian at the time:
(1) the child is taken into custody; or
(2) the department files a petition alleging that the child is a
child in need of services;
whichever occurs earlier. As added by P.L.1-1997, SEC.17. Amended by P.L.35-1998, SEC.5;
P.L.145-2006, SEC.291.
IC 31-34-4-7 Court submission of certain proposed services, programs, and
out-of-home placement to department; approval or disapproval by
department; court orders; appeal by department; payment of costs
Sec. 7. (a) This section applies to services and programs provided
to or on behalf of a child alleged to be a child in need of services at
any time before:
(1) entry of a dispositional decree under IC 31-34-20; or
(2) approval of a program of informal adjustment under
IC 31-34-8.
(b) Before a juvenile court orders or approves a service, a
program, or an out-of-home placement for a child that has not been
recommended by the department, the court shall submit the proposed
service, program, or placement to the department for consideration.
The department shall, within three (3) business days after receipt of
the court's proposal, submit to the court a report stating whether the
department approves or disapproves the proposed service, program,
or placement.
(c) If the department approves the service, program, or placement
recommended by the juvenile court, the court may enter an
appropriate order to implement the approved proposal. If the
department does not approve a service, program, or placement
proposed by the juvenile court, the department may recommend an
alternative service, program, or placement for the child.
(d) The juvenile court shall accept the recommendations of the
department regarding any predispositional services, programs, or
placement for the child, unless the juvenile court finds a
recommendation is:
(1) unreasonable, based on the facts and circumstances of the
case; or
(2) contrary to the welfare and best interests of the child.
(e) If the juvenile court does not accept the recommendations of
the department in the report submitted under subsection (b), the court
may enter an order that:
(1) requires the department to provide a specified service,
program, or placement until entry of a dispositional decree or
until the order is otherwise modified or terminated; and
(2) specifically states the reasons why the juvenile court is not
accepting the recommendations of the department, including the
court's findings under subsection (d).
(f) If the juvenile court enters its findings and order under
subsection (e), the department may appeal the juvenile court's order
under any available procedure provided by the Indiana Rules of Trial
Procedure or the Indiana Rules of Appellate Procedure to allow any
disputes arising under this section to be decided in an expeditious
manner.
(g) If the department prevails on appeal, the department shall pay
the following costs and expenses incurred by or on behalf of the
child before the date of the final decision:
(1) Any programs or services implemented during the appeal
initiated under subsection (f), other than the cost of an
out-of-home placement ordered by the juvenile court.
(2) Any out-of-home placement ordered by the juvenile court
and implemented after entry of the court order of placement, if
the juvenile court order includes written findings that the
placement is an emergency required to protect the health and
welfare of the child.
If the court has not made written findings that the placement is an
emergency, the county in which the juvenile court is located is
responsible for payment of all costs of the placement, including the
cost of services and programs provided by the home or facility where
the child was placed. As added by P.L.146-2008, SEC.579.
IC 31-34-4
Chapter 4. Temporary Placement of Child Taken Into Custody
IC 31-34-4-1 Application of chapter
Sec. 1. This chapter applies only to a child alleged to be a child in
need of services. As added by P.L.1-1997, SEC.17.
IC 31-34-4-2 Placement of child with relative caretaker, de facto custodian, or
stepparent; criminal history check required; exceptions
Sec. 2. (a) If a child alleged to be a child in need of services is
taken into custody under an order of the court under this chapter and
the court orders out-of-home placement, the department is
responsible for that placement and care and must consider placing
the child with a:
(1) suitable and willing blood or an adoptive relative caretaker,
including a grandparent, an aunt, an uncle, or an adult sibling;
(2) de facto custodian; or
(3) stepparent;
before considering any other out-of-home placement.
(b) Before the department places a child in need of services with
a blood relative or an adoptive relative caretaker, a de facto
custodian, or a stepparent, the department shall complete an
evaluation based on a home visit of the relative's home.
(c) Except as provided in subsection (e), before placing a child in
need of services in an out-of-home placement, including placement
with a blood or an adoptive relative caretaker, a de facto custodian,
or a stepparent, the department shall conduct a criminal history check
of each person who is currently residing in the location designated as
the out-of-home placement.
(d) Except as provided in subsection (f), the department may not
make an out-of-home placement if a person described in subsection
(c) has:
(1) committed an act resulting in a substantiated report of child
abuse or neglect; or
(2) been convicted of a felony listed in IC 31-27-4-13 or had a
juvenile adjudication for an act that would be a felony listed in
IC 31-27-4-13 if committed by an adult.
(e) The department is not required to conduct a criminal history
check under subsection (c) if the department makes an out-of-home
placement to an entity or a facility that is not a residence (as defined
in IC 3-5-2-42.5) or that is licensed by the state.
(f) A court may order or the department may approve an
out-of-home placement if:
(1) a person described in subsection (c) 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
placement is in the best interest of the child.
However, a court or the department may not make an out-of-home
placement 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).
(g) In making its written finding under subsection (f), the court
shall consider the following:
(1) The length of time since the person committed the offense,
delinquent act, or 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.1-1997, SEC.17. Amended by P.L.70-2004, SEC.18;
P.L.234-2005, SEC.176; P.L.145-2006, SEC.290; P.L.1-2007,
SEC.206; P.L.52-2007, SEC.9; P.L.146-2008, SEC.578.
IC 31-34-4-3 Order to take child to designated place pending detention hearing
Sec. 3. If a child is taken into custody under an order of the court,
the law enforcement officer shall take the child to a place designated
in the order to await a detention hearing. As added by P.L.1-1997, SEC.17.
IC 31-34-4-4 Release, delivery, or detention of child taken into custody without
court order
Sec. 4. If a child is taken into custody without an order of the
court, the person taking the child into custody:
(1) may:
(A) release the child; or
(B) deliver the child to a place designated by the juvenile
court; and
(2) if the child is detained, shall promptly notify the child's
parent, guardian, or custodian and an intake officer:
(A) that the child is being held; and
(B) of the reasons for the child's detention. As added by P.L.1-1997, SEC.17.
IC 31-34-4-5 Investigation, release, or detention by intake officer of child taken
into custody without court order
Sec. 5. If the child was not taken into custody under an order of
the court, the intake officer shall investigate the reasons for the
child's detention. The intake officer shall release the child to the
child's parent, guardian, or custodian upon the person's written
promise to bring the child before the juvenile court at a time
specified. However, the intake officer may place the child in
detention if the intake officer reasonably believes that the child is a
child in need of services and that:
(1) detention is necessary to protect the child;
(2) the child is unlikely to appear before the juvenile court for
subsequent proceedings;
(3) the child has a reasonable basis for requesting that the child
not be released; or
(4) the parent, guardian, or custodian:
(A) cannot be located; or
(B) is unable or unwilling to take custody of the child. As added by P.L.1-1997, SEC.17.
IC 31-34-4-6 Duty to inform parent, custodian, or guardian of legal rights
Sec. 6. (a) The department shall submit written information to a
parent, custodian, or guardian of a child who is alleged to be abused
or neglected regarding the following legal rights of the parent,
custodian, or guardian:
(1) The right to have a detention hearing held by a court within
forty-eight (48) hours after the child's removal from the home
and to request return of the child at the hearing.
(2) The right to:
(A) be represented by an attorney;
(B) cross examine witnesses; and
(C) present evidence on the parent's, custodian's, or
guardian's own behalf;
at each court proceeding on a petition alleging that the child is
a child in need of services. The parent, guardian, or custodian
has the right to be represented by a court appointed attorney
under clause (A) upon the request of the parent, guardian, or
custodian if the court finds that the parent, guardian, or
custodian does not have sufficient financial means for obtaining
representation as described in IC 34-10-1.
(3) The right not to make statements that incriminate the parent,
custodian, or guardian and that an incriminating statement may
be used during a court proceeding on a petition alleging that the
child is a child in need of services.
(4) The right to request to have the case reviewed by the child
protection team under IC 31-33-3-6.
(5) The right to be advised that after July 1, 1999, a petition to
terminate the parent-child relationship must be filed whenever
a child has been removed from the child's parent and has been
under the supervision of the department for at least fifteen (15)
months of the most recent twenty-two (22) months.
(b) The department shall submit the written information under
subsection (a) to the child's parent, guardian, or custodian at the time:
(1) the child is taken into custody; or
(2) the department files a petition alleging that the child is a
child in need of services;
whichever occurs earlier. As added by P.L.1-1997, SEC.17. Amended by P.L.35-1998, SEC.5;
P.L.145-2006, SEC.291.
IC 31-34-4-7 Court submission of certain proposed services, programs, and
out-of-home placement to department; approval or disapproval by
department; court orders; appeal by department; payment of costs
Sec. 7. (a) This section applies to services and programs provided
to or on behalf of a child alleged to be a child in need of services at
any time before:
(1) entry of a dispositional decree under IC 31-34-20; or
(2) approval of a program of informal adjustment under
IC 31-34-8.
(b) Before a juvenile court orders or approves a service, a
program, or an out-of-home placement for a child that has not been
recommended by the department, the court shall submit the proposed
service, program, or placement to the department for consideration.
The department shall, within three (3) business days after receipt of
the court's proposal, submit to the court a report stating whether the
department approves or disapproves the proposed service, program,
or placement.
(c) If the department approves the service, program, or placement
recommended by the juvenile court, the court may enter an
appropriate order to implement the approved proposal. If the
department does not approve a service, program, or placement
proposed by the juvenile court, the department may recommend an
alternative service, program, or placement for the child.
(d) The juvenile court shall accept the recommendations of the
department regarding any predispositional services, programs, or
placement for the child, unless the juvenile court finds a
recommendation is:
(1) unreasonable, based on the facts and circumstances of the
case; or
(2) contrary to the welfare and best interests of the child.
(e) If the juvenile court does not accept the recommendations of
the department in the report submitted under subsection (b), the court
may enter an order that:
(1) requires the department to provide a specified service,
program, or placement until entry of a dispositional decree or
until the order is otherwise modified or terminated; and
(2) specifically states the reasons why the juvenile court is not
accepting the recommendations of the department, including the
court's findings under subsection (d).
(f) If the juvenile court enters its findings and order under
subsection (e), the department may appeal the juvenile court's order
under any available procedure provided by the Indiana Rules of Trial
Procedure or the Indiana Rules of Appellate Procedure to allow any
disputes arising under this section to be decided in an expeditious
manner.
(g) If the department prevails on appeal, the department shall pay
the following costs and expenses incurred by or on behalf of the
child before the date of the final decision:
(1) Any programs or services implemented during the appeal
initiated under subsection (f), other than the cost of an
out-of-home placement ordered by the juvenile court.
(2) Any out-of-home placement ordered by the juvenile court
and implemented after entry of the court order of placement, if
the juvenile court order includes written findings that the
placement is an emergency required to protect the health and
welfare of the child.
If the court has not made written findings that the placement is an
emergency, the county in which the juvenile court is located is
responsible for payment of all costs of the placement, including the
cost of services and programs provided by the home or facility where
the child was placed. As added by P.L.146-2008, SEC.579.
