CHAPTER 22. MODIFICATION OF DISPOSITIONAL DECREES
IC 31-37-22
Chapter 22. Modification of Dispositional Decrees
IC 31-37-22-1
Motion for modification
Sec. 1. While the juvenile court retains jurisdiction under
IC 31-30-2, the juvenile court may modify any dispositional decree:
(1) upon the juvenile court's own motion;
(2) upon the motion of:
(A) the child;
(B) the child's parent, guardian, custodian, or guardian ad
litem;
(C) the probation officer; or
(D) the prosecuting attorney; or
(3) upon the motion of any person providing services to the
child or to the child's parent, guardian, or custodian under a
decree of the court.
As added by P.L.1-1997, SEC.20. Amended by P.L.145-2006,
SEC.352; P.L.146-2008, SEC.659.
IC 31-37-22-2
Award of guardianship of child to department of correction
Sec. 2. If a child has been in the custody of the department of
correction under the juvenile court's original dispositional decree, the
juvenile court may not award guardianship of the child back to the
department unless the juvenile court holds a hearing and finds that
the child violated a modified dispositional decree.
As added by P.L.1-1997, SEC.20.
IC 31-37-22-3
Notice and hearing requirements; temporary order for emergency
change in child's residence
Sec. 3. (a) If the motion requests an emergency change in the
child's residence, the juvenile court may issue a temporary order.
However, the probation officer shall then give notice to the persons
affected and the juvenile court shall hold a hearing on the question
if requested.
(b) If the motion requests any other modification, the probation
officer shall give notice to the persons affected and the juvenile court
shall hold a hearing on the question.
(c) The procedures specified in IC 31-37-17-1.4 and
IC 31-37-18-9 apply to any modification of a dispositional decree
under this chapter that requires or would require payment by the
department, under IC 31-40-1, for any of the costs of programs,
placements, or services for or on behalf of the child.
As added by P.L.1-1997, SEC.20. Amended by P.L.146-2008,
SEC.660.
IC 31-37-22-4
Notification of report; notice
Sec. 4. If a hearing is required, IC 31-37-17 governs the
preparation and use of a modification report. The report shall be
prepared if the state or any person other than the child or the child's
parent, guardian, guardian ad litem, or custodian is requesting the
modification. Notice of any hearing under this chapter shall be given
in accordance with IC 31-37-18-1.3.
As added by P.L.1-1997, SEC.20. Amended by P.L.138-2007,
SEC.89.
IC 31-37-22-4.5
Placement of delinquent child in out-of-home residence or facility;
case plan
Sec. 4.5. (a) This section applies to a delinquent child if the child
is placed in an out-of-home residence or facility that is not a secure
detention facility.
(b) The probation department, after negotiating with the child's
parent, guardian, or custodian, shall complete the child's case plan
not later than sixty (60) days after the date of the child's first
placement that the probation department requests to be paid for by
the department.
(c) A copy of the completed case plan shall be sent to the
department, 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.
(d) A child's case plan must be in a form prescribed by the
department that meets the specifications set by 45 CFR 1356.21, as
amended. The case plan must include a description and discussion of
the following:
(1) A permanency 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 implemented or recommended,
including consideration of possible placement with any suitable
and willing relative caretaker, 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
presently is 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 and 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.
(e) The probation department and each caretaker of a child shall
cooperate in the development of the case plan for the child. The
probation department shall discuss with at least one (1) foster parent
or other caretaker of a child the role of the substitute caretaker or
facility 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.
(f) The case plan must be reviewed and updated by the probation
department at least once every one hundred eighty (180) days.
As added by P.L.131-2009, SEC.72.
IC 31-37-22-5
Placement of child in public or private facility for children
Sec. 5. If:
(1) a child is placed in a shelter care facility or other place of
residence as part of a court order with respect to a delinquent
act under IC 31-37-2-2;
(2) the child received a written warning of the consequences of
a violation of the placement at the hearing during which the
placement was ordered;
(3) the issuance of the warning was reflected in the records of
the hearing;
(4) the child is not held in a juvenile detention facility for more
than twenty-four (24) hours, excluding Saturdays, Sundays, and
legal holidays, before the hearing at which it is determined that
the child violated that part of the order concerning the child's
placement in a shelter care facility or other place of residence;
and
(5) the child's mental and physical condition may be endangered
if the child is not placed in a secure facility;
the juvenile court may modify its disposition order with respect to
the delinquent act and place the child in a public or private facility
for children under section 7 of this chapter.
As added by P.L.1-1997, SEC.20. Amended by P.L.146-2008,
SEC.661.
IC 31-37-22-6
Placement of child for noncompliance concerning compulsory
school attendance
Sec. 6. If:
(1) a child fails to comply with IC 20-33-2 concerning
compulsory school attendance as part of a court order with
respect to a delinquent act under IC 31-37-2-3 (or
IC 31-6-4-1(a)(3) before its repeal);
(2) the child received a written warning of the consequences of
a violation of the court order;
(3) the issuance of the warning was reflected in the records of
the hearing;
(4) the child is not held in a juvenile detention facility for more
than twenty-four (24) hours, excluding Saturdays, Sundays, and
legal holidays, before the hearing at which it is determined that
the child violated that part of the order concerning the child's
school attendance; and
(5) the child's mental and physical condition may be endangered
if the child is not placed in a secure facility;
the juvenile court may modify its disposition order with respect to
the delinquent act and place the child in a public or private facility
for children under section 7 of this chapter.
As added by P.L.1-1997, SEC.20. Amended by P.L.1-2005, SEC.214.
IC 31-37-22-7
Alternative facilities for placement
Sec. 7. (a) If the juvenile court modifies its disposition order
under section 5 or 6 of this chapter, the court may order the child
placed under one (1) of the following alternatives:
(1) In a nonlocal secure private facility licensed under the laws
of any state. Placement under this alternative includes
authorization to control and discipline the child.
(2) In a local secure private facility licensed under Indiana law.
Placement under this alternative includes authorization to
control and discipline the child.
(3) In a local secure public facility.
(4) In a local alternative facility approved by the juvenile court.
(5) As a ward of the department of correction for housing in any
correctional facility for children. Wardship under this
alternative does not include the right to consent to the child's
adoption. However, without a determination of unavailable
housing by the department of correction, a child found to be
subject to section 5 or 6 of this chapter and placed in a secure
facility of the department of correction may not be housed with
any child found to be delinquent under any other provision of
this article.
(b) If the juvenile court places a child under subsection (a)(3) or
(a)(4):
(1) the length of the placement may not exceed thirty (30) days;
and
(2) the juvenile court shall order specific treatment of the child
designated to eliminate the child's disobedience of the court's
order of placement.
(c) The juvenile court shall retain jurisdiction over any placement
under this section (or IC 31-6-7-16(d) before its repeal) and shall
review each placement every three (3) months to determine whether
placement in a secure facility remains appropriate.
As added by P.L.1-1997, SEC.20.
IC 31-37-22-8
Description by local alternative facility seeking court approval
Sec. 8. A local alternative facility seeking the approval of the
juvenile court shall provide the court with a description of the
following:
(1) The facility's location and facilities.
(2) The facility's staff, including personnel qualifications.
(3) The maximum number of children who may be housed in
the facility, including a ratio of staff to children when the
facility is at maximum capacity.
(4) Funding sources.
(5) Programs that will be provided for children who are housed
in the facility.
As added by P.L.1-1997, SEC.20.
IC 31-37-22-9
Copy of modified dispositional order for former Medicaid child
recipient by court to division of family resources
Sec. 9. If:
(1) a juvenile court modifies its disposition order under this
chapter;
(2) the child named in the order received Medicaid before
disposition as indicated by the predispositional report; and
(3) the juvenile court previously placed or intends to place the
child in:
(A) a juvenile detention facility; or
(B) a secure facility, not including a facility licensed as a
child caring institution under IC 31-27;
the court shall immediately provide a copy of the modified
dispositional decree to the division of family resources.
As added by P.L.114-2009, SEC.4.