CHAPTER 17. PREDISPOSITIONAL REPORT
IC 31-37-17
Chapter 17. Predispositional Report
IC 31-37-17-1
Recommendation of care, treatment, or rehabilitation of child;
alternative reports
Sec. 1. (a) Upon finding that a child is a delinquent child, the
juvenile court shall order a probation officer to prepare a
predispositional report that contains:
(1) a statement of the needs of the child for care, treatment,
rehabilitation, or placement;
(2) a recommendation for the care, treatment, rehabilitation, or
placement of the child;
(3) if the recommendation includes an out-of-home placement
other than a secure detention facility, information that the
department requires to determine whether the child is eligible
for assistance under Title IV-E of the federal Social Security
Act (42 U.S.C. 670 et seq.);
(4) a statement of the department's concurrence with or its
alternative proposal to the probation officer's predispositional
report, as provided in section 1.4 of this chapter; and
(5) a statement of whether the child receives Medicaid.
(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.20. Amended by P.L.55-1997, SEC.25;
P.L.146-2008, SEC.637; P.L.114-2009, SEC.2; P.L.131-2009,
SEC.68; P.L.1-2010, SEC.127.
IC 31-37-17-1.1
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 delinquent child.
(b) A conference held under this chapter 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.26. Amended by P.L.253-1997(ss),
SEC.28.5; P.L.145-2006, SEC.340.
IC 31-37-17-1.2
Mandatory attendance of child's school representative at
conference
Sec. 1.2. If a delinquent child is known to be eligible for special
education services or placement under IC 20-35-2 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.27. Amended by P.L.1-2005,
SEC.210.
IC 31-37-17-1.3
Reports and forms
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.
(c) The probation officer shall:
(1) collect and maintain all information relevant to a
determination of eligibility under Title IV-E of the federal
Social Security Act (42 U.S.C. 670 et seq.); and
(2) complete financial eligibility forms designated by the
director to assist in obtaining federal reimbursement and other
reimbursement.
As added by P.L.55-1997, SEC.28. Amended by P.L.273-1999,
SEC.108; P.L.146-2008, SEC.638.
IC 31-37-17-1.4
Referral of predispositional report to department; review of
predispositional report by department; concurrence or alternative
proposal
Sec. 1.4. (a) If the predispositional report includes a recommended
placement, program, or services that would be payable by the
department under IC 31-40-1-2, a probation officer shall refer the
officer's completed predispositional report, except for the statement
required under section 1(a)(4) of this chapter, to the department
within a reasonable time before its required disclosure under section
6 of this chapter to allow the department time to:
(1) review; and
(2) either concur with or offer an alternative proposal to the
recommendations in;
the predispositional report.
(b) The department shall, after review of the predispositional
report and any attachments necessary to verify the predispositional
report, and within a reasonable time before the dispositional hearing,
either:
(1) concur with the predispositional report; or
(2) communicate to the probation officer an alternative proposal
regarding programs and services.
As added by P.L.146-2008, SEC.639.
IC 31-37-17-2
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 a probation officer believes that an out-of-home placement
would be appropriate for a delinquent child, the probation officer
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.20. Amended by P.L.146-2008,
SEC.640.
IC 31-37-17-3
Financial report
Sec. 3. The probation officer shall collect information and prepare
a financial report, in the form prescribed by the department, on the
parent or the estate of the child to assist the juvenile court and the
department in:
(1) determining the person's financial responsibility; and
(2) obtaining federal reimbursement;
for services provided for the child or the person.
As added by P.L.1-1997, SEC.20. Amended by P.L.273-1999,
SEC.109; P.L.145-2006, SEC.341; P.L.146-2008, SEC.641.
IC 31-37-17-4
Recommendation on care, treatment, rehabilitation, or placement;
risk assessment and needs assessment
Sec. 4. (a) If consistent with the safety and best interest of the
child and the community, the probation officer 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.
(b) If the report recommends a placement or services for which
the department will be responsible for payment under IC 31-40-1, the
report must include a risk assessment and needs assessment for the
child. The probation officer shall submit to the department a copy of
the report and the financial report prepared by the probation officer.
(c) If the report does not include the:
(1) risk assessment and needs assessment required in subsection
(b); or
(2) information required to be provided under section 1(a)(3) of
this chapter;
the department is not responsible to pay for programs, services, or
placement for or on behalf of the child.
As added by P.L.1-1997, SEC.20. Amended by P.L.55-1997, SEC.29;
P.L.146-2008, SEC.642.
IC 31-37-17-5
Examinations
Sec. 5. The juvenile court may do the following:
(1) Authorize an 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.20.
IC 31-37-17-6
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.20. Amended by P.L.197-1997,
SEC.28.
IC 31-37-17-6.1
Predispositional report; contents
Sec. 6.1. (a) The predispositional report prepared by a probation
officer 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.
(4) The items required under section 1 of this chapter.
(b) If a probation officer is considering an out-of-home placement,
including placement with a blood or an adoptive relative caretaker,
the probation officer must 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) A probation officer is not required to conduct a criminal
history check under this section if:
(1) the probation officer 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.30. Amended by P.L.70-2004,
SEC.24; P.L.234-2005, SEC.186; P.L.145-2006, SEC.342;
P.L.146-2008, SEC.643.
IC 31-37-17-7
Victim notification
Sec. 7. (a) This section shall not be construed to limit victim's
rights granted by IC 35-40 or any other law.
(b) In the case of a child who commits a delinquent act that would
be a sex offense (as defined in IC 11-13-6-5.5(b)) if the child were
an adult, the person preparing the predispositional report under
section 1 of this chapter shall, before the predispositional report is
prepared, notify each victim (as defined in IC 11-13-6-5.5) in the
proceeding of the victim's rights under IC 11-13-6-5.5 and the
procedures related to the exercises of those rights.
As added by P.L.77-2001, SEC.2.
IC 31-37-17-8
Exchange of information
Sec. 8. Unless prohibited by federal law, a probation department
and:
(1) the division of family resources;
(2) a county office; and
(3) the department of child services;
may exchange information for use in preparing a report under this
chapter.
As added by P.L.131-2009, SEC.69.