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P.L.145-2006, SEC.311; P.L.146-2006, SEC.50; P.L.52-2007,
SEC.10; P.L.146-2008, SEC.602.
IC 31-34-20-1.5
IC 31-34-20-2
IC 31-34-20-4
IC 31-34-20-5
IC 31-34-20-6
Placement in household with certain individuals prohibited;
criminal history checks; exceptions; considerations
Sec. 1.5. (a) Except as provided in subsection (d), the juvenile
court may not enter a dispositional decree approving or ordering
placement of a child in another home under section 1(a)(3) of this
chapter or awarding wardship to the department that will place the
child in another home under section 1(a)(4) of this chapter if a
person who is currently residing in the home in which the child
would be placed under section 1(a)(3) or 1(a)(4) of this chapter has
committed an act resulting in a substantiated report of child abuse or
neglect, has a juvenile adjudication for an act that would be a felony
listed in IC 31-27-4-13 if committed by an adult, or has a conviction
for a felony listed in IC 31-27-4-13.
(b) The department or caseworker who prepared the
predispositional report shall conduct a criminal history check (as
defined in IC 31-9-2-22.5) to determine if a person described in
subsection (a) has committed an act resulting in a substantiated
report of child abuse or neglect, has a juvenile adjudication for an act
that would be a felony listed in IC 31-27-4-13 if committed by an
adult, or has a conviction for a felony listed in IC 31-27-4-13.
However, the department or caseworker is not required to conduct a
criminal history check under this section if criminal history
information under IC 31-34-4-2 or IC 31-34-18-6.1 establishes
whether a person described in subsection (a) has committed an act
resulting in a substantiated report of child abuse or neglect, has a
juvenile adjudication for an act that would be a felony listed in
IC 31-27-4-13(a) if committed by an adult, or has a conviction for a
felony listed in IC 31-27-4-13(a).
(c) The department or caseworker is not required to conduct a
criminal history check under this section if:
(1) the department or caseworker 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.
(d) A juvenile court may enter a dispositional decree that
approves placement of a child in another home or award wardship to
the department that will place the child in a home with a person
described in subsection (a) if:
(1) the person described in subsection (a) has:
(A) committed an act resulting in a substantiated report of
child abuse or neglect;
(B) been convicted of:
(i) battery (IC 35-42-2-1) as a felony;
(ii) criminal confinement (IC 35-42-3-3) as a felony;
(iii) carjacking (IC 35-42-5-2) as a felony;
(iv) arson (IC 35-43-1-1) as a felony;
(v) a felony involving a weapon under IC 35-47 or
IC 35-47.5;
(vi) a felony relating to controlled substances under
IC 35-48-4;
(vii) a felony under IC 9-30-5; or
(viii) a felony that is substantially equivalent to a felony
listed in items (i) through (vii) for which the conviction
was entered in another state;
if the conviction did not occur within the past five (5) years;
or
(C) had a juvenile adjudication for an act listed in
IC 31-27-4-13(a) that, if committed by an adult, would be a
felony; and
(2) the person's commission of the offense, delinquent act, or
act of abuse or neglect described in subdivision (1) is not
relevant to the person's present ability to care for a child, and
placing a child in another home or awarding wardship to the
department is in the best interest of the child.
However, a court may not enter a dispositional decree that approves
placement of a child in another home or awards wardship to the
department if the person has been convicted of a felony listed in
IC 31-27-4-13(a) that is not specifically excluded under subdivision
(1)(B).
(e) In considering the placement under subsection (d), the court
shall consider the following:
(1) The length of time since the person committed the offense,
delinquent act, or act that resulted in the substantiated report of
abuse or neglect.
(2) The severity of the offense, delinquent act, or abuse or
neglect.
(3) Evidence of the person's rehabilitation, including the
person's cooperation with a treatment plan, if applicable.
As added by P.L.70-2004, SEC.22. Amended by P.L.234-2005,
SEC.183; P.L.145-2006, SEC.312; P.L.1-2007, SEC.207;
P.L.146-2008, SEC.603; P.L.162-2011, SEC.50; P.L.128-2012,
SEC.165.
Dispositional decree that includes no contact order; protective
order depository; confidential form
Sec. 2. If a court enters a dispositional decree that includes a no
contact order under section 1(7) of this chapter:
(1) the clerk of the court that enters a dispositional decree that
includes a no contact order under section 1(7) of this chapter
shall comply with IC 5-2-9; and
(2) the petitioner shall file a confidential form prescribed or
approved by the division of state court administration with the
clerk.
As added by P.L.1-1997, SEC.17. Amended by P.L.133-2002,
SEC.34.
IC 31-34-20-3
Order for participation by parent, guardian, or custodian in
program of care, treatment, or rehabilitation for child
Sec. 3. If the juvenile court determines that a parent, guardian, or
custodian should participate in a program of care, treatment, or
rehabilitation for the child, the court may order the parent, guardian,
or custodian to do the following:
(1) Obtain assistance in fulfilling the obligations as a parent,
guardian, or custodian.
(2) Provide specified care, treatment, or supervision for the
child.
(3) Work with a person providing care, treatment, or
rehabilitation for the child.
(4) Participate in a program operated by or through the
department of correction.
As added by P.L.1-1997, SEC.17.
Decrees limiting contact with child; copies to parties and law
enforcement agencies
Sec. 4. (a) The clerk of the court that enters a dispositional decree
under this chapter that requires a person to refrain from direct or
indirect contact with a child shall provide a copy of the decree to the
following:
(1) Each party.
(2) The sheriff.
(3) The law enforcement agency of the municipality, if any, in
which the child resides.
(b) Each sheriff and law enforcement agency that receives a
decree under subsection (a) shall maintain a copy of the decree in the
depository established by IC 5-2-9. The decree may be removed from
the depository after the later of the following occurs:
(1) The lapse of one (1) year after the decree is entered.
(2) The date specified in the decree if any.
As added by P.L.1-1997, SEC.17.
Determination and reporting of legal settlement of child
Sec. 5. (a) This section applies if the department or a juvenile
court:
(1) places a child;
(2) changes the placement of a child; or
(3) reviews the implementation of a decree under IC 31-34-21
of a child placed;
in a state licensed private or public health care facility, child care
facility, foster family home, or the home of a relative or other
unlicensed caretaker.
(b) The juvenile court shall do the following:
(1) Make findings of fact concerning the legal settlement of the
child.
(2) Apply IC 20-26-11-2(1) through IC 20-26-11-2(8) to
determine where the child has legal settlement.
(3) Include the findings of fact required by this section in:
(A) the dispositional order;
(B) the modification order; or
(C) the other decree;
making or changing the placement of the child.
(c) The juvenile court may determine that the legal settlement of
the child is in the school corporation in which the child will attend
school under IC 20-26-11-8(d).
(d) The juvenile court shall comply with the reporting
requirements under IC 20-26-11-9 concerning the legal settlement of
the child.
(e) The department or a juvenile court may place a child in a
public school, regardless of whether the public school has a waiting
list for admissions, if the department or juvenile court determines
that the school's program meets the child's educational needs and the
school agrees to the placement. A placement under this subsection
does not affect the legal settlement of the child.
As added by P.L.1-1997, SEC.17. Amended by P.L.1-2005, SEC.205;
P.L.13-2006, SEC.5; P.L.159-2007, SEC.5; P.L.146-2008, SEC.604;
P.L.65-2012, SEC.6; P.L.160-2012, SEC.57.
Emancipation of child; findings; terms
Sec. 6. (a) The juvenile court may emancipate a child under
section 1(5) of this chapter if the court finds that the child:
(1) wishes to be free from parental control and protection and
no longer needs that control and protection;
(2) has sufficient money for the child's own support;
(3) understands the consequences of being free from parental
control and protection; and
(4) has an acceptable plan for independent living.
(b) If the juvenile court partially or completely emancipates the
child, the court shall specify the terms of the emancipation, which
may include the following:
(1) Suspension of the parent's or guardian's duty to support the
child. In this case the judgment of emancipation supersedes the
support order of a court.
(2) Suspension of the following:
(A) The parent's or guardian's right to the control or custody
of the child.
(B) The parent's right to the child's earnings.
(3) Empowering the child to consent to marriage.
(4) Empowering the child to consent to military enlistment.
(5) Empowering the child to consent to:
(A) medical;
(B) psychological;
(C) psychiatric;
(D) educational; or
(E) social;
services.
(6) Empowering the child to contract.
(7) Empowering the child to own property.
(c) An emancipated child remains subject to the following:
(1) IC 20-33-2 concerning compulsory school attendance.
(2) The continuing jurisdiction of the court.
As added by P.L.1-1997, SEC.17. Amended by P.L.1-2005, SEC.206.