CHAPTER 18. PREDISPOSITIONAL REPORT
IC 31-34-18
Chapter 18. Predispositional Report
IC 31-34-18-1
Predispositional report; recommendation of care, treatment, or
rehabilitation of child; alternative reports
Sec. 1. (a) Upon finding that a child is a child in need of services,
the juvenile court shall order the department or a caseworker to
prepare a predispositional report that contains a:
(1) statement of the needs of the child for care, treatment,
rehabilitation, or placement; and
(2) recommendation for the care, treatment, rehabilitation, or
placement of the child.
(b) Any of the following may prepare an alternative report for
consideration by the court:
(1) The child.
(2) The child's:
(A) parent;
(B) guardian;
(C) guardian ad litem;
(D) court appointed special advocate; or
(E) custodian.
As added by P.L.1-1997, SEC.17. Amended by P.L.55-1997, SEC.14;
P.L.146-2008, SEC.597.
IC 31-34-18-1.1
Consultation with experts; participants in conference
Sec. 1.1. (a) The person preparing the report under section 1 of
this chapter:
(1) may; or
(2) if directed by the court, shall;
confer with individuals who have expertise in professional areas
related to the child's needs in the areas of appropriate care, treatment,
rehabilitation, or placement for a child in need of services.
(b) A conference held under this section may include
representatives of the following:
(1) The child's school.
(2) The probation department.
(3) The department.
(4) A community mental health center located in the child's
county of residence.
(5) A community mental retardation and other developmental
disabilities center located in the child's county of residence.
(6) Other persons as the court may direct.
As added by P.L.55-1997, SEC.15. Amended by P.L.145-2006,
SEC.307.
IC 31-34-18-1.2
Mandatory attendance of child's school representative at
conference
Sec. 1.2. If a child in need of services is known to be eligible for
special education services or placement under IC 20-35 and 511 IAC
7, the conference described in section 1.1 of this chapter must
include a representative from the child's school.
As added by P.L.55-1997, SEC.16. Amended by P.L.1-2005,
SEC.204.
IC 31-34-18-1.3
Reports by meeting participants
Sec. 1.3. (a) The individuals participating in a meeting described
in section 1.1 of this chapter shall assist the person preparing the
report in recommending the care, treatment, rehabilitation, or
placement of the child.
(b) The individuals shall inform the person preparing the report
of resources and programs that are available for the child.
As added by P.L.55-1997, SEC.17.
IC 31-34-18-2
Predispositional report; participation by parent, guardian, or
custodian; out-of-home placement with blood or adoptive relative
caretaker
Sec. 2. (a) In addition to providing the court with a
recommendation for the care, treatment, or rehabilitation of the child,
the person preparing the report shall consider the necessity, nature,
and extent of the participation by a parent, guardian, or custodian in
a program of care, treatment, or rehabilitation for the child.
(b) If the department or caseworker believes that an out-of-home
placement would be appropriate for a child in need of services, the
department or caseworker shall consider whether the child 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.
As added by P.L.1-1997, SEC.17. Amended by P.L.146-2008,
SEC.598.
IC 31-34-18-3
Financial reports
Sec. 3. The department or caseworker shall also prepare a
financial report on the parent or the estate of the child to assist the
juvenile court in determining the person's financial responsibility for
services provided for the child or the person.
As added by P.L.1-1997, SEC.17. Amended by P.L.146-2008,
SEC.599.
IC 31-34-18-4
Recommendation on care, treatment, rehabilitation, or placement
Sec. 4. If consistent with the safety and best interest of the child
and the community, the person preparing the report shall recommend
care, treatment, rehabilitation, or placement that:
(1) is:
(A) in the least restrictive (most family like) and most
appropriate setting available; and
(B) close to the parents' home, consistent with the best
interest and special needs of the child;
(2) least interferes with family autonomy;
(3) is least disruptive of family life;
(4) imposes the least restraint on the freedom of the child and
the child's parent, guardian, or custodian; and
(5) provides a reasonable opportunity for participation by the
child's parent, guardian, or custodian.
As added by P.L.1-1997, SEC.17. Amended by P.L.55-1997, SEC.18.
IC 31-34-18-5
Examinations
Sec. 5. The juvenile court may do the following:
(1) Authorize any examination of the child under IC 31-32-12.
(2) Make provision for similar examination of the parent,
guardian, or custodian if the person gives consent.
As added by P.L.1-1997, SEC.17.
IC 31-34-18-6
Disclosure
Sec. 6. (a) Predispositional reports shall be made available within
a reasonable time before the dispositional hearing, unless the
juvenile court determines on the record that the reports contain
information that should not be released to the child or the child's
parent, guardian, or custodian.
(b) The court shall provide a copy of the report to:
(1) each attorney, guardian ad litem, or court appointed special
advocate representing the child; and
(2) each attorney representing the child's parent, guardian, or
custodian.
(c) The court may provide a factual summary of the report to:
(1) the child; or
(2) the child's parent, guardian, or custodian.
As added by P.L.1-1997, SEC.17. Amended by P.L.197-1997,
SEC.27.
IC 31-34-18-6.1
Predispositional report; contents
Sec. 6.1. (a) The predispositional report prepared by the
department or caseworker must include the following information:
(1) A description of all dispositional options considered in
preparing the report.
(2) An evaluation of each of the options considered in relation
to the plan of care, treatment, rehabilitation, or placement
recommended under the guidelines described in section 4 of this
chapter.
(3) The name, occupation and position, and any relationship to
the child of each person with whom the preparer of the report
conferred as provided in section 1.1 of this chapter.
(b) If the department or caseworker is considering an out-of-home
placement, including placement with a blood or an adoptive relative
caretaker, the department or caseworker shall conduct a criminal
history check (as defined in IC 31-9-2-22.5) for each person who is
currently residing in the location designated as the out-of-home
placement. The results of the criminal history check must be included
in the predispositional report.
(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.
As added by P.L.55-1997, SEC.19. Amended by P.L.70-2004,
SEC.19; P.L.234-2005, SEC.181; P.L.145-2006, SEC.308;
P.L.146-2008, SEC.600.