IC 31-37-20
Chapter 20. Review of Dispositional Decrees; Formal Review
Hearings
IC 31-37-20-1 Progress reports; procedure for modification of decree
Sec. 1. At any time after the date of an original dispositional
decree, the juvenile court may order the probation department to file
a report on the progress made in implementing the decree. If, after
reviewing the report, the juvenile court seeks to consider
modification of the dispositional decree, the court shall proceed
under IC 31-37-22. As added by P.L.1-1997, SEC.20. Amended by P.L.145-2006,
SEC.348; P.L.146-2008, SEC.654.
IC 31-37-20-2 Periodic review of case
Sec. 2. (a) The court shall hold a formal hearing:
(1) every twelve (12) months after:
(A) the date of the original dispositional decree; or
(B) a delinquent child was removed from the child's parent,
guardian, or custodian;
whichever occurs first; or
(2) more often if ordered by the juvenile court.
(b) The court shall determine whether the dispositional decree
should be modified and whether the present placement is in the best
interest of the child. The court, in making the court's determination,
may consider the following:
(1) The services that have been provided or offered to a parent,
guardian, or custodian to facilitate a reunion.
(2) The extent to which the parent, guardian, or custodian has
enhanced the ability to fulfill parental obligations.
(3) The extent to which the parent, guardian, or custodian has
visited the child, including the reasons for infrequent visitation.
(4) The extent to which the parent, guardian, or custodian has
cooperated with the probation department.
(5) The child's recovery from any injuries suffered before
removal.
(6) Whether additional services are required for the child or the
child's parent, guardian, or custodian and, if so, the nature of the
services.
(7) The extent to which the child has been rehabilitated.
(c) A review of the dispositional decree will be held at least once
every six (6) months, or more often, if ordered by the court. At the
review, the court shall determine whether or not the probation
department has made reasonable efforts to finalize a permanency
plan for the child, if required under IC 31-37-19-1.5. As added by P.L.1-1997, SEC.20. Amended by P.L.145-2006,
SEC.349; P.L.146-2008, SEC.655. IC 31-37-20-3 Formal hearing on continued jurisdiction and modification of
decree; periodic jurisdictional review
Sec. 3. (a) The court shall hold a formal hearing on the question
of continued jurisdiction:
(1) every eighteen (18) months after:
(A) the date of the original dispositional decree; or
(B) a delinquent child was removed from the child's parent,
guardian, or custodian;
whichever comes first; or
(2) more often if ordered by the juvenile court.
(b) The state must show that jurisdiction should continue by
proving that the objectives of the dispositional decree have not been
accomplished and that a continuation of the decree with or without
modifications has a probability of success.
(c) If the state does not sustain the state's burden for continued
jurisdiction, the court may:
(1) authorize a petition for termination of the parent-child
relationship; or
(2) discharge the child or the child's parent, guardian, or
custodian.
(d) A jurisdictional review of the dispositional decree, including
a review of the child's permanency plan, if required under
IC 31-37-19-1.5, shall be held at least once every twelve (12)
months. As added by P.L.1-1997, SEC.20. Amended by P.L.146-2008,
SEC.656.
IC 31-37-20-4 Progress report required for case review or continued jurisdiction
Sec. 4. Before a hearing under section 2 or 3 of this chapter, the
probation department shall prepare a report in accordance with
IC 31-37-21 on the progress made in implementing the dispositional
decree. As added by P.L.1-1997, SEC.20. Amended by P.L.145-2006,
SEC.350; P.L.146-2008, SEC.657.
IC 31-37-20-4.5 Notice of hearing; opportunity to be heard
Sec. 4.5. (a) At least ten (10) days before a hearing under section
2 or 3 of this chapter, the probation department shall send notice of
the hearing to each of the following:
(1) The child's parent, guardian, or custodian.
(2) An attorney who has entered an appearance on behalf of the
child's parent, guardian, or custodian.
(3) The child or an attorney who has entered an appearance on
behalf of the child.
(4) A prospective adoptive parent named in a petition for
adoption of the child filed under IC 31-19-2 if:
(A) each consent to adoption of the child that is required
under IC 31-19-9-1 has been executed in the form and
manner required by IC 31-19-9 and filed with the county
office;
(B) the court having jurisdiction in the adoption case has
determined under any applicable provision of IC 31-19-9
that consent to adoption is not required from a parent,
guardian, or custodian; or
(C) a petition to terminate the parent-child relationship
between the child and any parent who has not executed a
written consent to adoption under IC 31-19-9-2 has been
filed under IC 31-35 and is pending.
(5) Any other person who:
(A) the probation department has knowledge is currently
providing care for the child; and
(B) is not required to be licensed under IC 12-17.2 or
IC 31-27 to provide care for the child.
(6) Any other suitable relative or person whom the probation
department knows has had a significant or caretaking
relationship to the child.
(b) The court shall provide to a person described in subsection (a)
an opportunity to be heard and to make any recommendations to the
court in a hearing under section 2 or 3 of this chapter. The right to be
heard and to make recommendations under this subsection includes:
(1) the right of a person described in subsection (a) to submit a
written statement to the court that, if served upon all parties to
the delinquency proceeding and the persons described in
subsection (a), may be made a part of the court record; and
(2) the right to present oral testimony to the court and
cross-examine any of the witnesses at the hearing.
(c) This section does not exempt the probation department from
sending a notice of the review to each party to the delinquency
proceeding.
(d) The court shall continue the hearing if, at the time set for the
hearing, the probation department has not provided the court with a
signed verification that any person required to be notified under this
section has been notified in the manner stated in the verification,
unless the person appears for the hearing. As added by P.L.138-2007, SEC.86.
IC 31-37-20-5 Review of foster care placements; disclosure of confidential report
or document
Sec. 5. (a) The juvenile court may assign cases to a foster care
review board established by the court to assist the court in reviewing
foster care placements. The board shall:
(1) review a foster care placement at the juvenile court's
request; and
(2) file a report, including findings and recommendations, with
the court.
(b) If the juvenile court believes the contents of a confidential
report or document would benefit the review board, the court may
provide the review board with an order authorizing disclosure of the
document to the review board. The review board may not disclose
the contents of a confidential report or document to a person who is
not allowed disclosure by the court or by statute. As added by P.L.1-1997, SEC.20.
IC 31-37-20-6 Review of child's legal settlement
Sec. 6. (a) This section applies if a juvenile court reviews the
implementation of a decree under this chapter (or IC 31-6-4-19
before its repeal) or any other law concerning a child placed in a
state licensed private or public health care facility, child care facility,
or foster family home.
(b) The juvenile court shall review the court's findings under
IC 31-37-19-26 (or IC 31-6-4-18.5(b) before its repeal) and
determine whether circumstances have changed the legal settlement
of the child.
(c) If the child's legal settlement has changed, the court shall issue
an order that modifies the court's findings of fact concerning the
legal settlement of the child.
(d) If the court has not previously made findings of fact
concerning legal settlement as provided in IC 31-37-19-26 the court
shall make the appropriate findings in the court's order entered under
this chapter.
(e) The juvenile court shall comply with the reporting
requirements under IC 20-26-11-9 concerning the legal settlement of
the child. As added by P.L.1-1997, SEC.20. Amended by P.L.1-2005, SEC.213.
IC 31-37-20-7 Discharge of child
Sec. 7. When the juvenile court finds that the objectives of the
dispositional decree have been met, the court shall discharge the
child and the child's parent, guardian, or custodian. As added by P.L.1-1997, SEC.20.
IC 31-37-20
Chapter 20. Review of Dispositional Decrees; Formal Review
Hearings
IC 31-37-20-1 Progress reports; procedure for modification of decree
Sec. 1. At any time after the date of an original dispositional
decree, the juvenile court may order the probation department to file
a report on the progress made in implementing the decree. If, after
reviewing the report, the juvenile court seeks to consider
modification of the dispositional decree, the court shall proceed
under IC 31-37-22. As added by P.L.1-1997, SEC.20. Amended by P.L.145-2006,
SEC.348; P.L.146-2008, SEC.654.
IC 31-37-20-2 Periodic review of case
Sec. 2. (a) The court shall hold a formal hearing:
(1) every twelve (12) months after:
(A) the date of the original dispositional decree; or
(B) a delinquent child was removed from the child's parent,
guardian, or custodian;
whichever occurs first; or
(2) more often if ordered by the juvenile court.
(b) The court shall determine whether the dispositional decree
should be modified and whether the present placement is in the best
interest of the child. The court, in making the court's determination,
may consider the following:
(1) The services that have been provided or offered to a parent,
guardian, or custodian to facilitate a reunion.
(2) The extent to which the parent, guardian, or custodian has
enhanced the ability to fulfill parental obligations.
(3) The extent to which the parent, guardian, or custodian has
visited the child, including the reasons for infrequent visitation.
(4) The extent to which the parent, guardian, or custodian has
cooperated with the probation department.
(5) The child's recovery from any injuries suffered before
removal.
(6) Whether additional services are required for the child or the
child's parent, guardian, or custodian and, if so, the nature of the
services.
(7) The extent to which the child has been rehabilitated.
(c) A review of the dispositional decree will be held at least once
every six (6) months, or more often, if ordered by the court. At the
review, the court shall determine whether or not the probation
department has made reasonable efforts to finalize a permanency
plan for the child, if required under IC 31-37-19-1.5. As added by P.L.1-1997, SEC.20. Amended by P.L.145-2006,
SEC.349; P.L.146-2008, SEC.655. IC 31-37-20-3 Formal hearing on continued jurisdiction and modification of
decree; periodic jurisdictional review
Sec. 3. (a) The court shall hold a formal hearing on the question
of continued jurisdiction:
(1) every eighteen (18) months after:
(A) the date of the original dispositional decree; or
(B) a delinquent child was removed from the child's parent,
guardian, or custodian;
whichever comes first; or
(2) more often if ordered by the juvenile court.
(b) The state must show that jurisdiction should continue by
proving that the objectives of the dispositional decree have not been
accomplished and that a continuation of the decree with or without
modifications has a probability of success.
(c) If the state does not sustain the state's burden for continued
jurisdiction, the court may:
(1) authorize a petition for termination of the parent-child
relationship; or
(2) discharge the child or the child's parent, guardian, or
custodian.
(d) A jurisdictional review of the dispositional decree, including
a review of the child's permanency plan, if required under
IC 31-37-19-1.5, shall be held at least once every twelve (12)
months. As added by P.L.1-1997, SEC.20. Amended by P.L.146-2008,
SEC.656.
IC 31-37-20-4 Progress report required for case review or continued jurisdiction
Sec. 4. Before a hearing under section 2 or 3 of this chapter, the
probation department shall prepare a report in accordance with
IC 31-37-21 on the progress made in implementing the dispositional
decree. As added by P.L.1-1997, SEC.20. Amended by P.L.145-2006,
SEC.350; P.L.146-2008, SEC.657.
IC 31-37-20-4.5 Notice of hearing; opportunity to be heard
Sec. 4.5. (a) At least ten (10) days before a hearing under section
2 or 3 of this chapter, the probation department shall send notice of
the hearing to each of the following:
(1) The child's parent, guardian, or custodian.
(2) An attorney who has entered an appearance on behalf of the
child's parent, guardian, or custodian.
(3) The child or an attorney who has entered an appearance on
behalf of the child.
(4) A prospective adoptive parent named in a petition for
adoption of the child filed under IC 31-19-2 if:
(A) each consent to adoption of the child that is required
under IC 31-19-9-1 has been executed in the form and
manner required by IC 31-19-9 and filed with the county
office;
(B) the court having jurisdiction in the adoption case has
determined under any applicable provision of IC 31-19-9
that consent to adoption is not required from a parent,
guardian, or custodian; or
(C) a petition to terminate the parent-child relationship
between the child and any parent who has not executed a
written consent to adoption under IC 31-19-9-2 has been
filed under IC 31-35 and is pending.
(5) Any other person who:
(A) the probation department has knowledge is currently
providing care for the child; and
(B) is not required to be licensed under IC 12-17.2 or
IC 31-27 to provide care for the child.
(6) Any other suitable relative or person whom the probation
department knows has had a significant or caretaking
relationship to the child.
(b) The court shall provide to a person described in subsection (a)
an opportunity to be heard and to make any recommendations to the
court in a hearing under section 2 or 3 of this chapter. The right to be
heard and to make recommendations under this subsection includes:
(1) the right of a person described in subsection (a) to submit a
written statement to the court that, if served upon all parties to
the delinquency proceeding and the persons described in
subsection (a), may be made a part of the court record; and
(2) the right to present oral testimony to the court and
cross-examine any of the witnesses at the hearing.
(c) This section does not exempt the probation department from
sending a notice of the review to each party to the delinquency
proceeding.
(d) The court shall continue the hearing if, at the time set for the
hearing, the probation department has not provided the court with a
signed verification that any person required to be notified under this
section has been notified in the manner stated in the verification,
unless the person appears for the hearing. As added by P.L.138-2007, SEC.86.
IC 31-37-20-5 Review of foster care placements; disclosure of confidential report
or document
Sec. 5. (a) The juvenile court may assign cases to a foster care
review board established by the court to assist the court in reviewing
foster care placements. The board shall:
(1) review a foster care placement at the juvenile court's
request; and
(2) file a report, including findings and recommendations, with
the court.
(b) If the juvenile court believes the contents of a confidential
report or document would benefit the review board, the court may
provide the review board with an order authorizing disclosure of the
document to the review board. The review board may not disclose
the contents of a confidential report or document to a person who is
not allowed disclosure by the court or by statute. As added by P.L.1-1997, SEC.20.
IC 31-37-20-6 Review of child's legal settlement
Sec. 6. (a) This section applies if a juvenile court reviews the
implementation of a decree under this chapter (or IC 31-6-4-19
before its repeal) or any other law concerning a child placed in a
state licensed private or public health care facility, child care facility,
or foster family home.
(b) The juvenile court shall review the court's findings under
IC 31-37-19-26 (or IC 31-6-4-18.5(b) before its repeal) and
determine whether circumstances have changed the legal settlement
of the child.
(c) If the child's legal settlement has changed, the court shall issue
an order that modifies the court's findings of fact concerning the
legal settlement of the child.
(d) If the court has not previously made findings of fact
concerning legal settlement as provided in IC 31-37-19-26 the court
shall make the appropriate findings in the court's order entered under
this chapter.
(e) The juvenile court shall comply with the reporting
requirements under IC 20-26-11-9 concerning the legal settlement of
the child. As added by P.L.1-1997, SEC.20. Amended by P.L.1-2005, SEC.213.
IC 31-37-20-7 Discharge of child
Sec. 7. When the juvenile court finds that the objectives of the
dispositional decree have been met, the court shall discharge the
child and the child's parent, guardian, or custodian. As added by P.L.1-1997, SEC.20.
IC 31-37-20
Chapter 20. Review of Dispositional Decrees; Formal Review
Hearings
IC 31-37-20-1 Progress reports; procedure for modification of decree
Sec. 1. At any time after the date of an original dispositional
decree, the juvenile court may order the probation department to file
a report on the progress made in implementing the decree. If, after
reviewing the report, the juvenile court seeks to consider
modification of the dispositional decree, the court shall proceed
under IC 31-37-22. As added by P.L.1-1997, SEC.20. Amended by P.L.145-2006,
SEC.348; P.L.146-2008, SEC.654.
IC 31-37-20-2 Periodic review of case
Sec. 2. (a) The court shall hold a formal hearing:
(1) every twelve (12) months after:
(A) the date of the original dispositional decree; or
(B) a delinquent child was removed from the child's parent,
guardian, or custodian;
whichever occurs first; or
(2) more often if ordered by the juvenile court.
(b) The court shall determine whether the dispositional decree
should be modified and whether the present placement is in the best
interest of the child. The court, in making the court's determination,
may consider the following:
(1) The services that have been provided or offered to a parent,
guardian, or custodian to facilitate a reunion.
(2) The extent to which the parent, guardian, or custodian has
enhanced the ability to fulfill parental obligations.
(3) The extent to which the parent, guardian, or custodian has
visited the child, including the reasons for infrequent visitation.
(4) The extent to which the parent, guardian, or custodian has
cooperated with the probation department.
(5) The child's recovery from any injuries suffered before
removal.
(6) Whether additional services are required for the child or the
child's parent, guardian, or custodian and, if so, the nature of the
services.
(7) The extent to which the child has been rehabilitated.
(c) A review of the dispositional decree will be held at least once
every six (6) months, or more often, if ordered by the court. At the
review, the court shall determine whether or not the probation
department has made reasonable efforts to finalize a permanency
plan for the child, if required under IC 31-37-19-1.5. As added by P.L.1-1997, SEC.20. Amended by P.L.145-2006,
SEC.349; P.L.146-2008, SEC.655. IC 31-37-20-3 Formal hearing on continued jurisdiction and modification of
decree; periodic jurisdictional review
Sec. 3. (a) The court shall hold a formal hearing on the question
of continued jurisdiction:
(1) every eighteen (18) months after:
(A) the date of the original dispositional decree; or
(B) a delinquent child was removed from the child's parent,
guardian, or custodian;
whichever comes first; or
(2) more often if ordered by the juvenile court.
(b) The state must show that jurisdiction should continue by
proving that the objectives of the dispositional decree have not been
accomplished and that a continuation of the decree with or without
modifications has a probability of success.
(c) If the state does not sustain the state's burden for continued
jurisdiction, the court may:
(1) authorize a petition for termination of the parent-child
relationship; or
(2) discharge the child or the child's parent, guardian, or
custodian.
(d) A jurisdictional review of the dispositional decree, including
a review of the child's permanency plan, if required under
IC 31-37-19-1.5, shall be held at least once every twelve (12)
months. As added by P.L.1-1997, SEC.20. Amended by P.L.146-2008,
SEC.656.
IC 31-37-20-4 Progress report required for case review or continued jurisdiction
Sec. 4. Before a hearing under section 2 or 3 of this chapter, the
probation department shall prepare a report in accordance with
IC 31-37-21 on the progress made in implementing the dispositional
decree. As added by P.L.1-1997, SEC.20. Amended by P.L.145-2006,
SEC.350; P.L.146-2008, SEC.657.
IC 31-37-20-4.5 Notice of hearing; opportunity to be heard
Sec. 4.5. (a) At least ten (10) days before a hearing under section
2 or 3 of this chapter, the probation department shall send notice of
the hearing to each of the following:
(1) The child's parent, guardian, or custodian.
(2) An attorney who has entered an appearance on behalf of the
child's parent, guardian, or custodian.
(3) The child or an attorney who has entered an appearance on
behalf of the child.
(4) A prospective adoptive parent named in a petition for
adoption of the child filed under IC 31-19-2 if:
(A) each consent to adoption of the child that is required
under IC 31-19-9-1 has been executed in the form and
manner required by IC 31-19-9 and filed with the county
office;
(B) the court having jurisdiction in the adoption case has
determined under any applicable provision of IC 31-19-9
that consent to adoption is not required from a parent,
guardian, or custodian; or
(C) a petition to terminate the parent-child relationship
between the child and any parent who has not executed a
written consent to adoption under IC 31-19-9-2 has been
filed under IC 31-35 and is pending.
(5) Any other person who:
(A) the probation department has knowledge is currently
providing care for the child; and
(B) is not required to be licensed under IC 12-17.2 or
IC 31-27 to provide care for the child.
(6) Any other suitable relative or person whom the probation
department knows has had a significant or caretaking
relationship to the child.
(b) The court shall provide to a person described in subsection (a)
an opportunity to be heard and to make any recommendations to the
court in a hearing under section 2 or 3 of this chapter. The right to be
heard and to make recommendations under this subsection includes:
(1) the right of a person described in subsection (a) to submit a
written statement to the court that, if served upon all parties to
the delinquency proceeding and the persons described in
subsection (a), may be made a part of the court record; and
(2) the right to present oral testimony to the court and
cross-examine any of the witnesses at the hearing.
(c) This section does not exempt the probation department from
sending a notice of the review to each party to the delinquency
proceeding.
(d) The court shall continue the hearing if, at the time set for the
hearing, the probation department has not provided the court with a
signed verification that any person required to be notified under this
section has been notified in the manner stated in the verification,
unless the person appears for the hearing. As added by P.L.138-2007, SEC.86.
IC 31-37-20-5 Review of foster care placements; disclosure of confidential report
or document
Sec. 5. (a) The juvenile court may assign cases to a foster care
review board established by the court to assist the court in reviewing
foster care placements. The board shall:
(1) review a foster care placement at the juvenile court's
request; and
(2) file a report, including findings and recommendations, with
the court.
(b) If the juvenile court believes the contents of a confidential
report or document would benefit the review board, the court may
provide the review board with an order authorizing disclosure of the
document to the review board. The review board may not disclose
the contents of a confidential report or document to a person who is
not allowed disclosure by the court or by statute. As added by P.L.1-1997, SEC.20.
IC 31-37-20-6 Review of child's legal settlement
Sec. 6. (a) This section applies if a juvenile court reviews the
implementation of a decree under this chapter (or IC 31-6-4-19
before its repeal) or any other law concerning a child placed in a
state licensed private or public health care facility, child care facility,
or foster family home.
(b) The juvenile court shall review the court's findings under
IC 31-37-19-26 (or IC 31-6-4-18.5(b) before its repeal) and
determine whether circumstances have changed the legal settlement
of the child.
(c) If the child's legal settlement has changed, the court shall issue
an order that modifies the court's findings of fact concerning the
legal settlement of the child.
(d) If the court has not previously made findings of fact
concerning legal settlement as provided in IC 31-37-19-26 the court
shall make the appropriate findings in the court's order entered under
this chapter.
(e) The juvenile court shall comply with the reporting
requirements under IC 20-26-11-9 concerning the legal settlement of
the child. As added by P.L.1-1997, SEC.20. Amended by P.L.1-2005, SEC.213.
IC 31-37-20-7 Discharge of child
Sec. 7. When the juvenile court finds that the objectives of the
dispositional decree have been met, the court shall discharge the
child and the child's parent, guardian, or custodian. As added by P.L.1-1997, SEC.20.
