CHAPTER 19. DISPOSITIONAL HEARING
IC 31-34-19
Chapter 19. Dispositional Hearing
IC 31-34-19-1
Dispositional hearing; issues for consideration
Sec. 1. The juvenile court shall complete a dispositional hearing
not more than thirty (30) days after the date the court finds that a
child is a child in need of services to consider the following:
(1) Alternatives for the care, treatment, rehabilitation, or
placement of the child.
(2) The necessity, nature, and extent of the participation by a
parent, a guardian, or a custodian in the program of care,
treatment, or rehabilitation for the child.
(3) The financial responsibility of the parent or guardian of the
estate for services provided for the parent or guardian or the
child.
As added by P.L.1-1997, SEC.17. Amended by P.L.55-1997, SEC.20;
P.L.146-2006, SEC.48.
IC 31-34-19-1.1
Mandatory attendance at predispositional hearing by report
preparer
Sec. 1.1. At a dispositional hearing under this chapter, the person
that prepared the predispositional report:
(1) must be present, if possible; and
(2) if present, shall provide testimony when requested to
explain how the individuals participating in the conference
described in IC 31-34-18:
(A) examined the available options; and
(B) recommended the options that most closely coincide
with the guidelines provided in IC 31-34-18-4.
As added by P.L.55-1997, SEC.21.
IC 31-34-19-1.3
Notice of disposition of hearing; duties of court
Sec. 1.3. (a) The department shall provide notice of the date, time,
place, and purpose of the dispositional hearing under this chapter to
each:
(1) party or person for whom a summons is required to be
issued under IC 31-34-10-2; and
(2) foster parent or other caretaker with whom the child is
placed for temporary care;
at the time the dispositional hearing is scheduled.
(b) The court shall:
(1) provide a person required to be notified under subsection (a)
an opportunity to be heard; and
(2) allow a person described in subdivision (1) to make
recommendations to the court;
at the dispositional hearing.
As added by P.L.138-2007, SEC.72.
IC 31-34-19-2
Admissibility of reports
Sec. 2. (a) Any predispositional report may be admitted into
evidence to the extent that the report contains evidence of probative
value even if the report would otherwise be excluded.
(b) If a report contains information that should not be released to
the child or the child's parent, guardian, or custodian, a factual
summary of the report may be admitted.
(c) The:
(1) child;
(2) child's parent, guardian, or custodian;
(3) person representing the interests of the state; and
(4) foster parent or other caretaker who is entitled to notice of
the dispositional hearing under section 1.3 of this chapter;
shall be given a fair opportunity to controvert any part of the report
admitted into evidence.
As added by P.L.1-1997, SEC.17. Amended by P.L.138-2007,
SEC.73.
IC 31-34-19-3
Civil commitment; child with a mental illness
Sec. 3. If it appears to the juvenile court that a child has a mental
illness, the court may:
(1) refer the matter to the court having probate jurisdiction for
civil commitment proceedings under IC 12-26; or
(2) initiate a civil commitment proceeding under IC 12-26.
As added by P.L.1-1997, SEC.17. Amended by P.L.99-2007,
SEC.196.
IC 31-34-19-4
Discharge of child; continuance of proceeding; no release of county
office of family and children or the department of child services
from obligations to child
Sec. 4. If:
(1) a child is referred to a probate court;
(2) the juvenile court initiates a commitment proceeding; or
(3) the court transfers a commitment proceeding under
IC 12-26-1-4;
the juvenile court shall discharge the child or continue the court's
proceedings under the juvenile law. However, if the child is under
the custody or supervision of a county office or the department, the
juvenile court may not release the county office from the obligations
of the county office or the department to the child pending the
outcome of the proceeding under IC 12-26.
As added by P.L.1-1997, SEC.17. Amended by P.L.145-2006,
SEC.309.
IC 31-34-19-5
Release of county office of family and children or the department
of child services from obligations to child placed in state institution
for voluntary treatment
Sec. 5. If the court authorizes a child who is under the custody or
supervision of a county office or the department to be placed in a
state institution (as defined in IC 12-7-2-184) for voluntary treatment
in accordance with IC 12-26-3, the court may not release the
department from obligations of the county office or the department
to the child until a parent, guardian, or other responsible person
approved by the court assumes the obligations.
As added by P.L.1-1997, SEC.17. Amended by P.L.145-2006,
SEC.310.
IC 31-34-19-6
Dispositional decree; factors
Sec. 6. If consistent with the safety of the community and the best
interest of the child, the juvenile court shall enter a dispositional
decree 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.22.
IC 31-34-19-6.1
Juvenile court entering dispositional decree; department
consideration of juvenile court recommendations; written findings
by juvenile court; appeal by department; payment of costs and
expenses
Sec. 6.1. (a) Before entering its dispositional decree, the juvenile
court shall do the following:
(1) Consider the recommendations for the needs of the child for
care, treatment, rehabilitation, or placement made by the
department in the department's predispositional report.
(2) Consider the recommendations for the needs of the child for
care, treatment, rehabilitation, or placement made by the parent,
guardian or custodian, guardian ad litem or court appointed
special advocate, foster parent, other caretaker of the child, or
other party to the proceeding.
(3) If the juvenile court determines that the best interests of the
child require consideration of other dispositional options,
submit the juvenile court's own recommendations for care,
treatment, rehabilitation, or placement of the child.
(b) If the juvenile court accepts the recommendations in the
department's predispositional report, the juvenile court shall enter its
dispositional decree with its findings and conclusions under section
10 of this chapter.
(c) If during or after conclusion of the dispositional hearing, the
juvenile court does not accept the recommendations of the
department as set out under subsection (a) in the predispositional
report and states that the juvenile court wants the department to
consider the recommendations made under subsection (a)(2) or
(a)(3), the dispositional hearing shall be continued for not more than
seven (7) business days after service of notice of the juvenile court's
determination. The department shall consider the recommendations
that the juvenile court requested the department to consider and
submit to the juvenile court a supplemental predispositional report
stating the department's final recommendations and reasons for
accepting or rejecting the recommendations that were not included
in the department's original predispositional report. If the juvenile
court accepts the recommendations in the department's supplemental
report, the juvenile court may adopt the recommendations as its
findings and enter its dispositional decree.
(d) The juvenile court shall accept each final recommendation of
the department contained in a supplemental predispositional report
submitted under subsection (c), unless the juvenile court finds that
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 one (1) or more of the
department's final recommendations contained in the department's
supplemental predispositional report, the juvenile court shall:
(1) enter its dispositional decree with its written findings and
conclusions under sections 6 and 10 of this chapter; and
(2) specifically state why the juvenile court is not accepting the
final recommendations of the department.
(f) If the juvenile court enters its findings and decree under
subsections (d) and (e), the department may appeal the juvenile
court's decree 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 dispositional decree or
modification order, if the court has made 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.601.
IC 31-34-19-7
Factors to consider for dispositional decrees that include
out-of-home placement
Sec. 7. In addition to the factors under section 6 of this chapter,
if the court enters a dispositional decree regarding a child in need of
services that includes an out-of-home placement, the court 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.70-2004, SEC.20;
P.L.234-2005, SEC.182.
IC 31-34-19-8
Provision of copies of dispositional report
Sec. 8. The juvenile court shall send a copy of the dispositional
report described in section 10 of this chapter to each person who
receives placement or wardship of the child.
As added by P.L.1-1997, SEC.17.
IC 31-34-19-9
Advisement of modification procedures
Sec. 9. The juvenile court shall advise the child and the child's
parent, guardian, or custodian of the procedures under IC 31-34-23.
As added by P.L.1-1997, SEC.17.
IC 31-34-19-10
Findings and conclusions
Sec. 10. (a) The juvenile court shall accompany the court's
dispositional decree with written findings and conclusions upon the
record concerning the following:
(1) The needs of the child for care, treatment, rehabilitation, or
placement.
(2) The need for participation by the parent, guardian, or
custodian in the plan of care for the child.
(3) Efforts made, if the child is a child in need of services, to:
(A) prevent the child's removal from; or
(B) reunite the child with;
the child's parent, guardian, or custodian in accordance with
federal law.
(4) Family services that were offered and provided to:
(A) a child in need of services; or
(B) the child's parent, guardian, or custodian;
in accordance with federal law.
(5) The court's reasons for the disposition.
(b) The juvenile court may incorporate a finding or conclusion
from a predispositional report as a written finding or conclusion upon
the record in the court's dispositional decree.
As added by P.L.1-1997, SEC.17. Amended by P.L.55-1997, SEC.23;
P.L.146-2006, SEC.49.