Indiana § 31-34-21-5 - Determinations; written findings; permanency plan requirements

§ 31-34-21-5. Determinations; written findings; permanency plan requirements

Sec. 5. (a) Subject to subsection (c), the court shall determine:

(1) whether the child's case plan, services, and placement meet the special needs and best interests of the child;

(2) whether the department has made reasonable efforts to provide family services, unless a finding has been made under section 5.6 of this chapter that reasonable efforts for family preservation or reunification are not required;

(3) if the child was removed from the care or custody of the child's parent, guardian, or custodian, a projected date for the child's return home; and

(4) a projected date for the child's adoption placement, the child's emancipation, or the appointment of a legal guardian for the child under section 7.5(c)(1)(D) of this chapter.

(b) The determination of the court under subsection (a) must be based on findings written after consideration of the following:

(1) Whether the department, the child, or the child's parent, guardian, or custodian has complied with the child's case plan.

(2) Written documentation containing descriptions of:

(A) the family services that have been offered or provided to the child or the child's parent, guardian, or custodian;

(B) the dates during which the family services were offered or provided; and

(C) the outcome arising from offering or providing the family services.

(3) The extent of the efforts made by the department to offer and provide family services.

(4) The extent to which the parent, guardian, or custodian has enhanced the ability to fulfill parental obligations.

(5) The extent to which the parent, guardian, or custodian has visited the child, including the reasons for infrequent visitation.

(6) The extent to which the parent, guardian, or custodian has cooperated with the department.

(7) The child's recovery from any injuries suffered before removal.

(8) Whether any additional services are required for the child or the child's parent, guardian, or custodian and, if so, the nature of those services.

(9) The extent to which the child has been rehabilitated.

(10) If the child is placed out-of-home, whether the child is in the least restrictive, most family-like setting, and whether the child is placed close to the home of the child's parent, guardian, or custodian.

(11) The extent to which the causes for the child's out-of-home placement or supervision have been alleviated.

(12) Whether current placement or supervision by the department should be continued.

(13) The extent to which the child's parent, guardian, or custodian has participated or has been given the opportunity to participate in case planning, periodic case reviews, dispositional reviews, placement of the child, and visitation.

(14) Whether the department has made reasonable efforts to reunify or preserve a child's family unless reasonable efforts are not required under section 5.6 of this chapter.

(15) Subject to subsection (c), whether it is an appropriate time to prepare or implement a permanency plan for the child under section 7.5 of this chapter.

(16) If:

(A) the child has been in an out-of-home placement at any time during the child in need of services proceeding; and

(B) the child's dispositional decree includes an order under IC 31-34-20-1(a)(6) requiring the child's parent, guardian, or custodian to receive reunification services;

the amount of time remaining for the parent, guardian, or custodian to complete the reunification services under IC 31-34-20-1.6.

(c) The permanency plan for a child who has, at the time of a periodic case review or permanency hearing, been removed from the child's parent for at least twelve (12) months of the most recent twenty-two (22) months, must include at least one (1) intended permanent or long term arrangement for care and custody of the child under section 7.5(c) of this chapter other than reunification of the child with the child's parent, guardian, or custodian.

[Pre-1997 Recodification Citation: 31-6-4-19(b) part.]

As added by P.L.1-1997, SEC.17. Amended by P.L.35-1998, SEC.11; P.L.145-2006, SEC.318; P.L.146-2008, SEC.607; P.L.156-2020, SEC.118; P.L.69-2024, SEC.1; P.L.179-2025, SEC.18; P.L.84-2026, SEC.17.