Indiana § 31-37-18-9 - Findings and conclusions; written findings concerning recommendations; appeal by department

§ 31-37-18-9. Findings and conclusions; written findings concerning recommendations; appeal by department

Sec. 9. (a) The juvenile court shall accompany the court's dispositional decree with written findings and conclusions upon the record concerning approval, modification, or rejection of the dispositional recommendations submitted in the predispositional report, including the following specific findings:

(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 removed from the child's parent, guardian, or custodian, to:

(A) prevent the child's removal from; or

(B) reunite the child with;

the child's parent, guardian, or custodian.

(4) Family services that were offered and provided to:

(A) the child; or

(B) the child's parent, guardian, or custodian.

(5) The court's reasons for the disposition.

(6) Whether the child is a dual status child under IC 31-41.

(b) If the department does not concur with the probation officer's recommendations in the predispositional report and the juvenile court does not follow the department's alternative recommendations, the juvenile court shall:

(1) accompany the court's dispositional decree with written findings that the department's recommendations contained in the predispositional report are:

(A) unreasonable based on the facts and circumstances of the case; or

(B) contrary to the welfare and best interests of the child; and

(2) incorporate all documents referenced in the report submitted to the probation officer or to the court by the department into the order so that the documents are part of the record for any appeal the department may pursue under subsection (d).

(c) 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.

(d) If the juvenile court enters findings and a decree under subsection (b), the department may appeal the juvenile court's decree under any available procedure provided by the Indiana Rules of Trial Procedure or Indiana Rules of Appellate Procedure to allow any disputes arising under this section to be decided in an expeditious manner.

(e) 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 (d), 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 juvenile 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 department shall file a notice with the office of judicial administration.

[Pre-1997 Recodification Citation: 31-6-4-15.3(i) part.]

As added by P.L.1-1997, SEC.20. Amended by P.L.55-1997, SEC.34; P.L.146-2006, SEC.56; P.L.146-2008, SEC.646; P.L.131-2009, SEC.70; P.L.48-2012, SEC.72; P.L.66-2015, SEC.16; P.L.156-2020, SEC.122.

IC 31-37-19Chapter 19. Dispositional Decrees

31-37-19-1Entry of dispositional decrees; placement in foster family home or another facility; findings and conclusions; costs 31-37-19-1.5Completion of case plan; copies of case plan; contents; review and update 31-37-19-1.7Consult with child; selection of child representatives; adviser 31-37-19-2Dispositional decree that includes a no contact order; protective order depository; confidential form 31-37-19-3Placement in shelter care facility outside county of residence; placement in home or facility outside Indiana 31-37-19-4Invalidation of driver's license or permit of delinquent child violating compulsory school attendance law 31-37-19-5Additional dispositional decrees; costs 31-37-19-6Additional actions by court on behalf of delinquent child 31-37-19-6.5Placement prohibited in residence of individual who has committed certain acts or offenses; criminal history check; exceptions; considerations 31-37-19-6.5Placement prohibited in residence of individual who has committed certain acts or offenses; criminal history check; exceptions; considerations 31-37-19-7Age restrictions for wardship; confinement in facilities housing persons charged with, imprisoned for, or incarcerated for crimes 31-37-19-8Continuous or intermittent confinement; substandard juvenile detention facilities 31-37-19-9Confinement of delinquent child at least 13 but less than 16 years of age committing act that would be murder, kidnapping, rape, criminal deviate conduct, or robbery if committed by adult 31-37-19-10Confinement of delinquent child at least 14 years of age having two prior delinquency adjudications and who commits an act that would be a felony against a person or a Level 1 through Level 4 felony conviction for burglary or a controlled substance offense 31-37-19-11Confinement imposed under departmental classification system; limitation 31-37-19-11.5Transitional services; data collection; annual report 31-37-19-11.7Telehealth services 31-37-19-12HIV testing of delinquent child; reporting; notice to and counseling of victims 31-37-19-13Delinquent acts involving controlled or counterfeit substances or prescription drugs; invalidation of driver's license or permit 31-37-19-14Delinquent acts involving controlled or counterfeit substances or prescription drugs; prior adjudication of act on or near school property; invalidation of driver's license or permit 31-37-19-15Delinquent acts involving controlled or counterfeit substances or prescription drugs; denial of learner's permit 31-37-19-16Delinquent acts involving controlled or counterfeit substances or prescription drugs; prior adjudication of act on or near school property; denial of learner's permit 31-37-19-17Delinquent acts involving criminal vandalism or use of graffiti; suspension of driver's license or invalidation of learner's permit 31-37-19-17.2Fuel theft by delinquent child 31-37-19-17.3Suspension of child's driving privileges; reinstatement; specialized driving privileges; termination 31-37-19-17.4Court may order a delinquent child to receive counseling 31-37-19-18Surrendering and forwarding driver's licenses or permits 31-37-19-19Period of invalidation or denial of license or permit; maximum; order to allow receipt of license or permit before completion of period 31-37-19-20Restitution or removal of graffiti; rescission of order suspending or invalidating driver's license or learner's permit 31-37-19-21Juvenile detention facility confining child for more than 30 days; criteria 31-37-19-22Dispositional decree containing a no contact order for child needing care, treatment, or rehabilitation; protective order depository; confidential form 31-37-19-23Placement in facility located outside child's county of residence 31-37-19-24Order for participation by parent, guardian, or custodian in program of care, treatment, or rehabilitation for child 31-37-19-25Decree limiting contact with child; copies to parties and law enforcement agencies 31-37-19-26Determination and reporting of legal settlement 31-37-19-27Emancipation of child; findings; terms 31-37-19-28Copy of dispositional decree of a Medicaid recipient child by court to division of family resources