Information Maintained by the Office of Code Revision Indiana Legislative Services Agency
IC 31-37-20
     Chapter 20. Review of Dispositional Decrees; Formal Review Hearings

IC 31-37-20-1
Progress reports; procedure for modification of decree
     Sec. 1. At any time after the date of an original dispositional decree, the juvenile court may order the probation department to file a report on the progress made in implementing the decree. If, after reviewing the report, the juvenile court seeks to consider modification of the dispositional decree, the court shall proceed under IC 31-37-22.
As added by P.L.1-1997, SEC.20. Amended by P.L.145-2006, SEC.348; P.L.146-2008, SEC.654.

IC 31-37-20-2
Periodic review of case
     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.
As added by P.L.1-1997, SEC.20. Amended by P.L.145-2006, SEC.349; P.L.146-2008, SEC.655.

IC 31-37-20-3
Formal hearing on continued jurisdiction; periodic jurisdiction review; referral to permanency roundtable
     Sec. 3. (a) The court shall hold a formal hearing on the question of continued jurisdiction:
        (1) every eighteen (18) 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 comes first; or
        (2) more often if ordered by the juvenile court.
    (b) The state must show that jurisdiction should continue by proving that the objectives of the dispositional decree have not been accomplished and that a continuation of the decree with or without modifications has a probability of success.
    (c) If the state does not sustain the state's burden for continued jurisdiction, the court may:
        (1) authorize a petition for termination of the parent-child relationship; or
        (2) discharge the child or the child's parent, guardian, or custodian.
    (d) A jurisdictional review of the dispositional decree, including a review of the child's permanency plan, if required under IC 31-37-19-1.5, shall be held at least once every twelve (12) months.
    (e) The department shall refer a child's permanency plan to a permanency roundtable before a jurisdictional review under subsection (d). The permanency roundtable may make recommendations regarding a permanency plan, and the recommendations must be included in a report under section 4 of this chapter.
As added by P.L.1-1997, SEC.20. Amended by P.L.146-2008, SEC.656; P.L.48-2012, SEC.73.

IC 31-37-20-4
Progress report required for case review or continued jurisdiction
     Sec. 4. Before a hearing under section 2 or 3 of this chapter, the probation department shall prepare a report in accordance with IC 31-37-21 on the progress made in implementing the dispositional decree. A report under this section shall also include recommendations from the permanency roundtable under section 3 of this chapter.
As added by P.L.1-1997, SEC.20. Amended by P.L.145-2006, SEC.350; P.L.146-2008, SEC.657; P.L.48-2012, SEC.74.

IC 31-37-20-4.5
Notice of hearing; opportunity to be heard
     Sec. 4.5. (a) At least ten (10) days before a hearing under section 2 or 3 of this chapter, the probation department shall send notice of the hearing to each of the following:

        (1) The child's parent, guardian, or custodian.
        (2) An attorney who has entered an appearance on behalf of the child's parent, guardian, or custodian.
        (3) The child or an attorney who has entered an appearance on behalf of the child.
        (4) A prospective adoptive parent named in a petition for adoption of the child filed under IC 31-19-2 if:
            (A) each consent to adoption of the child that is required under IC 31-19-9-1 has been executed in the form and manner required by IC 31-19-9 and filed with the local office;
            (B) the court having jurisdiction in the adoption case has determined under any applicable provision of IC 31-19-9 that consent to adoption is not required from a parent, guardian, or custodian; or
            (C) a petition to terminate the parent-child relationship between the child and any parent who has not executed a written consent to adoption under IC 31-19-9-2 has been filed under IC 31-35 and is pending.
        (5) Any other person who:
            (A) the probation department has knowledge is currently providing care for the child; and
            (B) is not required to be licensed under IC 12-17.2 or IC 31-27 to provide care for the child.
        (6) Any other suitable relative or person whom the probation department knows has had a significant or caretaking relationship to the child.
    (b) The court shall provide to a person described in subsection (a) an opportunity to be heard and to make any recommendations to the court in a hearing under section 2 or 3 of this chapter. The right to be heard and to make recommendations under this subsection includes:
        (1) the right of a person described in subsection (a) to submit a written statement to the court that, if served upon all parties to the delinquency proceeding and the persons described in subsection (a), may be made a part of the court record; and
        (2) the right to present oral testimony to the court and cross-examine any of the witnesses at the hearing.
    (c) This section does not exempt the probation department from sending a notice of the review to each party to the delinquency proceeding.
    (d) The court shall continue the hearing if, at the time set for the hearing, the probation department has not provided the court with a signed verification that any person required to be notified under this section has been notified in the manner stated in the verification, unless the person appears for the hearing.
As added by P.L.138-2007, SEC.86. Amended by P.L.128-2012, SEC.175.

IC 31-37-20-5
Review of foster care placements; disclosure of confidential report

or document
     Sec. 5. (a) The juvenile court may assign cases to a foster care review board established by the court to assist the court in reviewing foster care placements. The board shall:
        (1) review a foster care placement at the juvenile court's request; and
        (2) file a report, including findings and recommendations, with the court.
    (b) If the juvenile court believes the contents of a confidential report or document would benefit the review board, the court may provide the review board with an order authorizing disclosure of the document to the review board. The review board may not disclose the contents of a confidential report or document to a person who is not allowed disclosure by the court or by statute.
As added by P.L.1-1997, SEC.20.

IC 31-37-20-6
Review of child's legal settlement
     Sec. 6. (a) This section applies if a juvenile court reviews the implementation of a decree under this chapter (or IC 31-6-4-19 before its repeal) or any other law concerning a child placed in a state licensed private or public health care facility, child care facility, or foster family home.
    (b) The juvenile court shall review the court's findings under IC 31-37-19-26 (or IC 31-6-4-18.5(b) before its repeal) and determine whether circumstances have changed the legal settlement of the child.
    (c) If the child's legal settlement has changed, the court shall issue an order that modifies the court's findings of fact concerning the legal settlement of the child.
    (d) If the court has not previously made findings of fact concerning legal settlement as provided in IC 31-37-19-26 the court shall make the appropriate findings in the court's order entered under this chapter.
    (e) The juvenile court shall comply with the reporting requirements under IC 20-26-11-9 concerning the legal settlement of the child.
As added by P.L.1-1997, SEC.20. Amended by P.L.1-2005, SEC.213.

IC 31-37-20-7
Discharge of child
     Sec. 7. When the juvenile court finds that the objectives of the dispositional decree have been met, the court shall discharge the child and the child's parent, guardian, or custodian.
As added by P.L.1-1997, SEC.20.