Indiana § 31-37-20-2 - Periodic review of case; requirements concerning another planned permanent living arrangement

§ 31-37-20-2. Periodic review of case; requirements concerning another planned permanent living arrangement

Sec. 2. (a) The court shall hold a formal hearing:

(1) every twelve (12) months after:

(A) the date of the original dispositional decree; or

(B) a delinquent child was removed from the child's parent, guardian, or custodian;

whichever occurs first; or

(2) more often if ordered by the juvenile court.

(b) The court shall determine whether the dispositional decree should be modified and whether the present placement is in the best interest of the child. The court, in making the court's determination, may consider the following:

(1) The services that have been provided or offered to a parent, guardian, or custodian to facilitate a reunion.

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

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

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

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

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

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

(c) A review of the dispositional decree will be held at least once every six (6) months, or more often, if ordered by the court. At the review, the court shall determine whether or not the probation department has made reasonable efforts to finalize a permanency plan for the child, if required under IC 31-37-19-1.5.

(d) For children who have a permanency plan of another planned permanent living arrangement, the court shall:

(1) require the probation officer to document or provide testimony regarding the intensive, ongoing, and, as of the date of the hearing, unsuccessful efforts made by the probation officer to return the child home or secure a placement for the child with a fit and willing relative, legal guardian, or adoptive parent, including efforts through the use of search technology, such as social media, to find biological or adoptive family members for the child;

(2) ask the child about the desired permanency outcome for the child and document the child's response;

(3) make a judicial determination explaining why, as of the date of the hearing, another planned permanent living arrangement is the best permanency plan for the child and provide compelling reasons why it continues to not be in the best interests of the child to:

(A) return home;

(B) be placed for adoption;

(C) be placed with a legal guardian; or

(D) be placed with a fit and willing relative; and

(4) require the probation officer to document or provide testimony regarding the steps the probation officer is taking to ensure that:

(A) the child's foster family home, group home, secure private facility, or child caring institution is following the reasonable and prudent parent standard; and

(B) the child has regular, ongoing opportunities to engage in age or developmentally appropriate activities, including by consulting with the child in an age appropriate manner about the opportunities of the child to participate in the activities.

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

As added by P.L.1-1997, SEC.20. Amended by P.L.145-2006, SEC.349; P.L.146-2008, SEC.655; P.L.104-2015, SEC.46.