CHAPTER 15. CASE PLAN
IC 31-34-15
Chapter 15. Case Plan
IC 31-34-15-1
Requirement of case plan
Sec. 1. In accordance with federal law, a case plan is required for
each child in need of services who is under the supervision of the
county as a result of:
(1) out-of-home placement; or
(2) issuance of a dispositional decree under IC 31-34-20.
As added by P.L.1-1997, SEC.17.
IC 31-34-15-2
Time for completion
Sec. 2. The department, after negotiating with the child's parent,
guardian, or custodian, shall complete a child's case plan not later
than sixty (60) days after:
(1) the date of the child's first placement; or
(2) the date of a dispositional decree;
whichever comes first.
As added by P.L.1-1997, SEC.17. Amended by P.L.145-2006,
SEC.302.
IC 31-34-15-3
Provision of copy of completed case plan
Sec. 3. A copy of the completed case plan shall be sent to the
child's parent, guardian, or custodian and to an agency having the
legal responsibility or authorization to care for, treat, or supervise the
child not later than ten (10) days after the plan's completion.
As added by P.L.1-1997, SEC.17. Amended by P.L.146-2008,
SEC.595.
IC 31-34-15-4
Form; contents
Sec. 4. A child's case plan must be set out in a form prescribed by
the department that meets the specifications set by 45 CFR 1356.21.
The case plan must include a description and discussion of the
following:
(1) A permanent plan for the child and an estimated date for
achieving the goal of the plan.
(2) The appropriate placement for the child based on the child's
special needs and best interests.
(3) The least restrictive family-like setting that is close to the
home of the child's parent, custodian, or guardian if
out-of-home placement is recommended. If an out-of-home
placement is appropriate, the county office or department shall
consider whether a child in need of services should be placed
with the child's suitable and willing blood or adoptive relative
caretaker, including a grandparent, an aunt, an uncle, or an adult
sibling, before considering other out-of-home placements for
the child.
(4) Family services recommended for the child, parent,
guardian, or custodian.
(5) Efforts already made to provide family services to the child,
parent, guardian, or custodian.
(6) Efforts that will be made to provide family services that are
ordered by the court.
(7) A plan for ensuring the educational stability of the child
while in foster care that includes assurances that the:
(A) placement of the child in foster care considers the
appropriateness of the current educational setting of the
child and the proximity to the school where the child is
presently enrolled; and
(B) department has coordinated with local educational
agencies to ensure:
(i) the child remains in the school where the child is
enrolled at the time of removal; or
(ii) immediate, appropriate enrollment of the child in a
different school, including arrangements for the transfer of
the child's school records to the new school, if remaining
in the same school is not in the best interests of the child.
As added by P.L.1-1997, SEC.17. Amended by P.L.145-2006,
SEC.303; P.L.131-2009, SEC.64.
IC 31-34-15-5
Cooperation in development of plan
Sec. 5. Each foster parent of a child and the department shall
cooperate in the development of the case plan for the child. The
department shall discuss with at least one (1) foster parent of a child
the foster parent's role regarding the following:
(1) Rehabilitation of the child and the child's parents, guardians,
and custodians.
(2) Visitation arrangements.
(3) Services required to meet the special needs of the child.
As added by P.L.1-1997, SEC.17. Amended by P.L.145-2006,
SEC.304.
IC 31-34-15-6
Filing of paternity action by local prosecuting attorney's office
Sec. 6. (a) This section applies whenever a child who was born
out of wedlock is:
(1) or is alleged to be a child in need of services; and
(2) under the supervision of the department or a county office
as a result of a court ordered out-of-home placement.
(b) The department or the county office shall refer a child's case
to the local prosecuting attorney's office for the filing of a paternity
action if the:
(1) identity of the alleged father is known; and
(2) department or the county office reasonably believes that
establishing the paternity of the child would be beneficial to the
child.
The local prosecuting attorney's office shall file a paternity action
regarding each case that is referred under this subsection. The
department shall sign the paternity petition as the child's next friend.
As added by P.L.103-1997, SEC.5. Amended by P.L.145-2006,
SEC.305.