Dispositional Hearing
IC 31-37-18 and IC 31-37-19
Chapter 18. Dispositional Hearing
IC 31-37-18-1
Sec. 1. The juvenile court shall hold a dispositional
hearing to consider the following:
(1) Alternatives for the care,
treatment, rehabilitation, or placement of the child.
(2) The necessity, nature, and
e
(3) The financial
responsibility of the parent or guardian of the estate for services provided
for the parent or guardian or the child.
IC 31-37-18-1.1
Sec. 1.1. At a dispositional hearing under this
chapter, the person that prepared the predispositional report:
(1) must be present; and
(2) must present testimony when
requested to e
(A) e
(B)
recommended the options that most closely coincide with the guidelines provided
in IC 31-37-17-4.
IC 31-37-18-2
Sec. 2. (a) Any predispositional report may be admitted
into evidence to the e
(b) If a report contains information that should not be
released to the child or the child's parent, guardian, or custodian, a factual
summary of the report may be admitted.
(c) The:
(1) child;
(2) child's parent, guardian,
or custodian; and
(3) person representing the
interests of the state;
shall be given a fair opportunity to controvert any part of the report admitted
into evidence.
IC 31-37-18-3
Sec. 3. If it appears to the juvenile court that a
child is mentally ill, the court may:
(1) refer the matter to the
court having probate jurisdiction for civil commitment proceedings under
IC 12-26; or
(2) initiate a civil commitment
proceeding under IC 12-26.
IC 31-37-18-4
Sec. 4. If:
(1) a child is referred to a
probate court;
(2) the juvenile court
initiates a commitment proceeding; or
(3) the court transfers a
commitment proceeding under IC 12-26-1-4;
the juvenile court shall discharge the child or continue the court's proceedings
under the juvenile law. However, if the child is under the custody or
supervision of a county office of family and children, the juvenile court may
not release the county office from the obligations of the county office to the
child pending the outcome of the proceeding under IC 12-26.
IC 31-37-18-5
Sec. 5. If the court authorizes a child who is under
the custody or supervision of a county office of family and children to be
placed in a state institution (as defined in IC 12-7-2-184) for voluntary treatment
in accordance with IC 12-26-3, the court may not release the county office
from obligations of the county office to the child until a parent, guardian, or
other responsible person approved by the court assumes the obligations.
IC 31-37-18-6
Sec. 6. If consistent with the safety of the community
and the best interest of the child, the juvenile court shall enter a
dispositional decree that:
(1) is:
(A) in
the least restrictive (most family like) and most appropriate setting available;
and
(B)
close to the parents' home, consistent with the best interest and special needs
of the child;
(2) least interferes with
family autonomy;
(3) is least disruptive of
family life;
(4) imposes the least restraint
on the freedom of the child and the child's parent, guardian, or custodian; and
(5) provides a reasonable
opportunity for participation by the child's parent, guardian, or custodian.
IC 31-37-18-7
Sec. 7. The juvenile court shall
send a copy of the dispositional report described in section 10 of this chapter
to each person who receives placement or wardship of the child.
IC 31-37-18-8 Sec. 8. The juvenile court shall advise the
child and the child's parent, guardian, or custodian of the procedures under
IC 31-37-22.
IC 31-37-18-9
Sec. 9. The juvenile court shall accompany the court's
dispositional decree with written findings and conclusions upon the record
concerning the following:
(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) The court's reasons for the
disposition.
IC 31-37-19
Chapter 19. Dispositional Decrees
IC 31-37-19-1
Sec. 1. If a child is a delinquent child under
IC 31-37-2, the juvenile court may enter one (1) or more of the following
dispositional decrees:
(1) Order supervision of the
child by the probation department or the county office of family and children.
(2) Order the child to receive
outpatient treatment:
(A) at
a social service agency or a psychological, a psychiatric, a medical, or an
educational facility; or
(B)
from an individual practitioner.
(3) Remove the child from the
child's home and place the child in another home or shelter care facility.
Placement under this subdivision includes authorization to control and
discipline the child.
(4) Award wardship to a person
or shelter care facility. Wardship under this subdivision does not include the
right to consent to the child's adoption.
(5) Partially or completely
emancipate the child under section 27 of this chapter.
(6) Order:
(A) the
child; or
(B) the
child's parent, guardian, or custodian;
to receive family services.
(7) Order a person who is a
party to refrain from direct or indirect contact with the child.
IC 31-37-19-2
Sec. 2. If a court enters a dispositional decree under section
1(7) of this chapter:
(1) the clerk of the court that
enters a dispositional decree 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.
IC 31-37-19-3
Sec. 3. A court may not place a child who is a
delinquent child under IC 31-37-2 in a shelter care facility that is
located outside the child's county of residence unless:
(1) placement of the child in a
shelter care facility with adequate services located in the child's county of
residence is unavailable; or
(2) the child's county of
residence does not have an appropriate shelter care facility with adequate
services.
IC 31-37-19-4
Sec. 4. (a)
This section applies if a child:
(1) is a delinquent child under
IC 31-37-2 due to the commission of a delinquent act under
IC 31-37-2-3 (or IC 31-6-4-1(a)(3) before its repeal); and
(2) has been previously
determined to be a delinquent child under IC 31-37-2 (or
IC 31-6-4-1(b)(2) before its repeal) due to the commission of a delinquent
act under IC 31-37-2-3 (or IC 31-6-4-1(a)(3) before its repeal).
(b) The juvenile court shall, in addition to any other
order or decree the juvenile court makes under this chapter, order the bureau
of motor vehicles to invalidate the child's driver's license or permit for a
period specified by the court that is not less than ninety (90) days but not
more than one (1) year.
IC 31-37-19-5
Sec. 5. (a) This section applies if a child is a
delinquent child under IC 31-37-1.
(b) The juvenile court may, in addition to an order
under section 6 of this chapter, enter at least one (1) of the following
dispositional decrees:
(1) Order supervision of the
child by:
(A) the
probation department; or
(B) the
county office of family and children.
As a condition of probation under this subdivision, the
juvenile court shall after a determination under IC 5-2-12-4 require a
child who is adjudicated a delinquent child for an act that would be an offense
described in IC 5-2-12-4 if committed by an adult to register with a local
law enforcement authority under IC 5-2-12.
(2) Order the child to receive
outpatient treatment:
(A) at
a social service agency or a psychological, a psychiatric, a medical, or an
educational facility; or
(B)
from an individual practitioner.
(3) Order the child to
surrender the child's driver's license to the court for a specified period of
time.
(4) Order the child to pay
restitution if the victim provides reasonable evidence of the victim's loss,
which the child may challenge at the dispositional hearing.
(5) Partially or completely
emancipate the child under section 27 of this chapter.
(6) Order the child to attend
an alcohol and drug services program established under IC
(7) Order the child to perform
community restitution or service for a specified period of time.
(8) Order wardship of the child
as provided in section 9 of this chapter.
IC 31-37-19-6
Sec. 6. (a) This
section applies if a child is a delinquent child under IC 31-37-1.
(b) E
(1) enter any dispositional
decree specified in section 5 of this chapter; and
(2) take any of the following
actions:
(A)
Award wardship to:
(i)
the department of correction for housing in a correctional facility for
children; or
(ii)
a community based correctional facility for children.
Wardship
under this subdivision does not include the right to consent to the child's
adoption.
(B) If
the child is less than seventeen (17) years of age, order confinement in a
juvenile detention facility for not more than the lesser of:
(i)
ninety (90) days; or
(ii)
the ma
(C) If
the child is at least seventeen (17) years of age, order confinement in a juvenile
detention facility for not more than the lesser of:
(i)
one hundred twenty (120) days; or
(ii)
the ma
(D)
Remove the child from the child's home and place the child in another home or
shelter care facility. Placement under this subdivision includes authorization
to control and discipline the child.
(E)
Award wardship to a person or shelter care facility. Wardship under this
subdivision does not include the right to consent to the child's adoption.
(F)
Place the child in a secure private facility for children licensed under the
laws of a state. Placement under this subdivision includes authorization to
control and discipline the child.
(G)
Order a person who is a respondent in a proceeding under IC 31-37-16 to refrain
from direct or indirect contact with the child.
IC 31-37-19-7
Sec. 7. (a) With respect to a wardship awarded under
section 6(b)(2)(A) of this chapter, a child may not be awarded to the
department of correction, if the child:
(1) e
(A)
less than twelve (12) years of age; or
(B)
at least eighteen (18) years of age;
at the time of the
dispositional decree; or
(2) was determined to be a
delinquent child because the child violated IC 7.1-5-7.
(b) A wardship may be awarded to the department of
correction if the child:
(1) is ten (10) or eleven (11)
years of age; and
(2) is found to have committed
an act that would have been murder if committed by an adult.
(c) The department of correction may not confine a
delinquent child, e
(1) an adult correctional
facility; or
(2) a shelter care facility;
that houses persons charged with, imprisoned for, or incarcerated for crimes
unless the child is restricted to an area of the facility where the child may
have not more than haphazard or incidental sight or sound contact with persons
charged with, imprisoned for, or incarcerated for crimes.
IC 31-37-19-8
Sec. 8. (a) Confinement under section 6(b)(2)(B) of
this chapter may be continuous or intermittent, including confinement at night
or on weekends.
(b) A child may not be sent to a juvenile detention
facility that fails to meet standards established by law.
IC 31-37-19-9
Sec. 9. (a) This section applies if a child is a
delinquent child under IC 31-37-1.
(b) After a juvenile court makes a determination under
IC 5-2-12-4, the juvenile court may, in addition to an order under section
6 of this chapter, and if the child:
(1) is at least thirteen (13)
years of age and less than si
(2) committed an act that, if
committed by an adult, would be:
(A)
murder (IC 35-42-1-1);
(B) kidnapping
(IC 35-42-3-2);
(C)
rape (IC 35-42-4-1);
(D)
criminal deviate conduct (IC 35-42-4-2); or
(E)
robbery (IC 35-42-5-1) if the robbery was committed while armed with a deadly
weapon or if the robbery resulted in bodily injury or serious bodily injury;
order wardship of the child to the department of correction for a fi
(c) Notwithstanding IC 11-10-2-5, the department
of correction may not reduce the period ordered under this section (or
IC 31-6-4-15.9(b)(8) before its repeal).
IC 31-37-19-10
Sec. 10. (a) This section applies to a child who:
(1) is adjudicated a delinquent
child for an act that if committed by an adult would be:
(A) a
felony against a person;
(B) a
Class A or Class B felony that is a controlled substances offense under
IC 35-48-4-1 through IC 35-48-4-5; or
(C)
burglary as a Class A or Class B felony under IC 35-43-2-1;
(2) is at least fourteen (14)
years of age at the time the child committed the act for which the child is
being placed; and
(3) has two (2) unrelated prior
adjudications of delinquency for acts that would be felonies if committed by an
adult.
(b) A court may place the child in a facility
authorized under this chapter for not more than two (2) years.
(c) Notwithstanding IC 11-10-2-5, the department
of correction may not reduce the period ordered under this section (or
IC 31-6-4-15.9(n) before its repeal).
IC 31-37-19-11
Sec. 11. If a child:
(1) is adjudicated a delinquent
child for a delinquent act; and
(2) becomes a ward of the
department of correction under this chapter (or IC 31-6-4-15.9 before its
repeal);
the department of correction may not at any time during the child's confinement
impose a departmental classification system on the child that would cause the
child to be confined in a correctional facility for longer than the period of
confinement under a departmental classification system that e
IC 31-37-19-12
Sec. 12. (a) This section applies if a child is a
delinquent child under IC 31-37-1 due to the commission of a delinquent
act that, if committed by an adult, would be:
(1) a se
(2) an offense related to
controlled substances listed in IC 35-38-1-7.1(f) if the offense involved:
(A) the
delivery by a person to another person; or
(B) the
use by a person on another person;
of a contaminated sharp (as
defined in IC 16-41-16-2) or other paraphernalia that creates an
epidemiologically demonstrated risk of transmission of HIV by involving
percutaneous contact.
(b) The juvenile court shall, in addition to any other
order or decree the court makes under this chapter, order the child to undergo
a screening test for the human immunodeficiency virus (HIV).
(c) If the screening test indicates
the presence of antibodies to HIV, the court shall order the child to undergo a
confirmatory test.
(d) If the confirmatory test confirms the presence of
the HIV antibodies, the court shall report the results to the state department
of health.
(e) The state department of health shall do the
following:
(1) Notify victims of the
crimes listed in IC 35-38-1-7.1(e) and IC 35-38-1-7.1(f) of the HIV
screening results.
(2) Provide counseling
regarding HIV and a referral for appropriate health care to the victims.
IC 31-37-19-13
Sec. 13. (a) This section applies if a child is a
delinquent child under IC 31-37-1 due to the commission of a delinquent
act that, if committed by an adult, would be:
(1) dealing in:
(A) a
controlled substance (as defined in IC 35-48-1-9); or
(B) a
counterfeit substance (as defined in IC 35-48-1-10);
(2) possessing:
(A) a
controlled substance (as defined in IC 35-48-1-9); or
(B) a
prescription drug (as defined in IC 35-48-1-25);
for which the child does not
have a prescription; or
(3) conspiring to commit an act
described in subdivision (1) or (2).
(b) The juvenile court shall, in addition to any other
order or decree the court makes under this chapter, order the bureau of motor
vehicles to invalidate the child's operator's license or permit for a period
specified by the court of at least six (6) months but not more than one (1)
year from the time the child would otherwise be eligible for a learner's
permit.
IC 31-37-19-14
Sec. 14. (a) This section applies if:
(1) a child has been previously
determined to be a delinquent child under IC 31-37-1 (or
IC 31-6-4-1(b)(1) before its repeal) due to the commission of a delinquent
act described in section 13(a)(1), 13(a)(2), or 13(a)(3) of this chapter (or
IC 31-6-4-15.9(d)(1), IC 31-6-4-15.9(d)(2), or
IC 31-6-4-15.9(d)(3) before its repeal); or
(2) the delinquent act
described in section 13(a)(1), 13(a)(2), or 13(a)(3) of this chapter (or
IC 31-6-4-15.9(d)(1), IC 31-6-4-15.9(d)(2), or
IC 31-6-4-15.9(d)(3) before its repeal) was committed:
(A) on
school property;
(B)
within one thousand (1,000) feet of school property; or
(C) on
a school bus.
(b) The juvenile court shall, in addition to any other
order or decree the court makes under this chapter, order the bureau of motor
vehicles to invalidate the child's operator's license for a period specified by
the court of at least six (6) months but not more than two (2) years from the
time the child would otherwise be eligible for a learner's permit.
IC 31-37-19-15
Sec. 15. (a) This section applies if a child is a
delinquent child under IC 31-37-1 due to the commission of a delinquent
act that, if committed by an adult, would be:
(1) dealing in:
(A) a
controlled substance (as defined in IC 35-48-1-9); or
(B) a
counterfeit substance (as defined in IC 35-48-1-10);
(2) possessing:
(A) a
controlled substance (as defined in IC 35-48-1-9); or
(B) a
prescription drug (as defined in IC 35-48-1-25);
for which the child does not
have a prescription; or
(3) conspiring to commit an act
described in subdivision (1) or (2).
(b) The juvenile court shall, in addition to any other
order or decree the court makes under this chapter, order the bureau of motor
vehicles not to issue the child a learner's permit for a period specified by
the court of at least six (6) months but not more than one (1) year from the
time the child would otherwise be eligible for a learner's permit.
IC 31-37-19-16
Sec. 16. (a) This section applies if:
(1) a child has been previously
determined to be a delinquent child under IC 31-37-1 (or
IC 31-6-4-1(b)(1) before its repeal) due to the commission of a delinquent
act described in section 15(a)(1), 15(a)(2), or 15(a)(3) of this chapter (or
IC 31-6-4-15.9(e)(1), IC 31-6-4-15.9(e)(2), or
IC 31-6-4-15.9(e)(3) before its repeal); or
(2) the delinquent act
described in section 15(a)(1), 15(a)(2), or 15(a)(3) of this chapter (or
IC 31-6-4-15.9(e)(1), IC 31-6-4-15.9(e)(2), or
IC 31-6-4-15.9(e)(3) before its repeal) was committed:
(A) on
school property;
(B)
within one thousand (1,000) feet of school property; or
(C) on
a school bus.
(b) The juvenile court shall, in addition to any other
order or decree the court makes under this chapter, order the bureau of motor
vehicles not to issue the child a learner's permit for a period specified by
the court of at least six (6) months but not more than two (2) years from the
time the child would otherwise be eligible for a learner's permit.
IC 31-37-19-17
Sec. 17. (a) This section applies if a child is a
delinquent child under IC 31-37-1 due to the commission of a delinquent
act that, if committed by an adult, would be criminal mischief or institutional
criminal mischief under IC 35-43-1-2 that involves the use of graffiti.
(b) The juvenile court may, in
addition to any other order or decree the court makes under this chapter, order
the bureau of motor vehicles to:
(1) suspend the child's
operator's license; or
(2) invalidate the child's
learner's permit;
for one (1) year beginning the date of the order.
IC 31-37-19-17.3
Sec. 17.3. (a) This section applies if a child is a delinquent
child under IC 31-37-1 due to the commission of a delinquent act that, if
committed by an adult, would be an offense under IC
(b) The juvenile court shall, in addition to any other
order or decree the court makes under this chapter, recommend the suspension of
the child's driving privileges as provided in IC
(c) If a court recommends suspension of a child's
driving privileges under this section, the court may order the bureau of motor
vehicles to reinstate the child's driving privileges as provided in
IC 9-30-6-11.
(d) If a juvenile court orders the bureau of motor
vehicles to reinstate a child's driving privileges under subsection (c), the
bureau shall comply with the order. Unless the order for reinstatement is
issued as provided under IC 9-30-6-11(a)(2) because of a violation of the
speedy trial provisions applicable to the juvenile court, the bureau shall also
do the following:
(1) Remove any record of the
suspension from the bureau's record keeping system.
(2) Reinstate the privileges
without cost to the person.
(e) If:
(1) a juvenile court recommends
suspension of a child's driving privileges under this section; and
(2) the child did not refuse to
submit to a chemical test offered as provided under IC 9-30-6-2 during the
investigation of the delinquent act that would be an offense under
IC 9-30-5 if committed by an adult;
the juvenile court may stay the e
(f) If a juvenile court orders a suspension under this
section and the child did not refuse to submit to a chemical test offered under
IC 9-30-6-2 during the investigation of the delinquent act that would have
been an offense under IC 9-30-5 if committed by an adult, the juvenile
court may grant the child probationary driving privileges for one hundred
eighty (180) days in conformity with the procedures in IC 9-30-5-12. The
standards and procedures in IC 9-30-5-11 and IC 9-30-5-13 apply to an
action under this subsection.
(g) A child whose driving privileges are suspended
under this section is entitled to credit for any days during which the license
was suspended under IC 31-37-5-7, if the child did not refuse to submit to
a chemical test offered as provided under IC 9-30-6-2 during the
investigation of the delinquent act that would be an offense under
IC 9-30-5 if committed by an adult.
(h) A period of suspension of driving privileges
imposed under this section must be consecutive to any period of suspension
imposed under IC 31-37-5-7. However, if the juvenile court finds in the
sentencing order that it is in the best interest of society, the juvenile court
may terminate all or any part of the remaining suspension under IC 31-37-5-7.
(i) The bureau of motor vehicles may adopt rules under
IC
IC 31-37-19-17.2
Sec. 17.2. (a) This section applies if a child is a
delinquent child under IC 31-37-1 due to the commission of a delinquent act
that, if committed by an adult, would be a theft or criminal conversion
described in IC 35-43-4-8 (fuel theft).
(b) The juvenile court shall, in addition to any other
order or decree the court makes under this chapter, order the bureau of motor
vehicles to:
(1) suspend the child's
operator's license; or
(2) invalidate the child's
learner's permit;
under IC 9-25-6-21 in the same manner as the bureau of motor vehicles is
required to suspend the driving privileges of a person convicted of fuel theft.
IC 31-37-19-18
Sec. 18. If the court orders invalidation or denial of
issuance of a driver's license or permit as described in IC 31-37-5-7 or
section 4, 13, 14, 15, 16, 17, or 17.3 of this chapter (or
IC 31-6-4-15.9(c), IC 31-6-4-15.9(d), IC 31-6-4-15.9(e), or
IC 31-6-4-15.9(f) before the repeal of IC 31-6-4-15.9):
(1) the bureau of motor
vehicles shall comply with the order for invalidation or denial of issuance;
and
(2) the child shall surrender
to the court all driver's licenses or permits of the child and the court shall
immediately forward the licenses or permits to the bureau of motor vehicles.
If a juvenile court recommends suspension of driving privileges under section
17.3 of this chapter, IC 9-30-6-12(b), IC 9-30-6-12(c), and
IC 9-30-6-12(d) apply to the child's driving privileges.
IC 31-37-19-19
Sec. 19. The juvenile court may:
(1) enter an order for the
maximum period of invalidation or denial of issuance under sections 13, 14, 15,
and 16 of this chapter; and
(2) following a determination
that the child has committed no further delinquent acts, enter an order to
allow the child to receive a license or permit before the period of
invalidation or denial is completed.
IC 31-37-19-20
Sec. 20. (a) This section applies if the juvenile court
has entered an order for suspension or invalidation of an operator's license or
a learner's permit under section 17 of this chapter (or IC 31-6-4-15.9(f)
before its repeal).
(b) Following a determination by the juvenile court
that the child has removed or painted over the graffiti or has made other
suitable restitution, the court may:
(1) rescind the order for
suspension or invalidation; and
(2) allow the child to receive
a license or permit before the period of suspension or invalidation ends.
IC 31-37-19-21
Sec. 21. As part of a dispositional decree, a child may
only be confined in a juvenile detention facility for more than thirty (30)
days if the facility meets the following criteria:
(1) The facility provides to
delinquent children a program that includes recreation, education, counseling,
and health care.
(2) The program provides
services and treatment to:
(A)
meet the individual needs of the delinquent child;
(B)
involve the delinquent child's family if possible; and
(C)
provide transitional services for delinquent children returning to community
placement.
(3) The program must be
administered and operated by staff who are qualified through education and
training to provide rehabilitation and treatment.
(4) The juvenile detention
facility must meet the state standards and licensing requirements established
by 210 IAC 6.
IC 31-37-19-22
Sec. 22. If a court issues a dispositional decree under
section 6(b)(2)(G) of this chapter:
(1) the clerk of the court
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.
IC 31-37-19-23
Sec. 23. A court may not place a child who is a
delinquent child under IC 31-37-1 (or IC 31-6-4-1(b)(1) before its
repeal) in:
(1) a community based
correctional facility for children;
(2) a juvenile detention
facility;
(3) a secure facility;
(4) a secure private facility;
or
(5) a
shelter care facility;
that is located outside the child's county of residence unless placement of the
child in a comparable facility with adequate services located in the child's
county of residence is unavailable or the child's county of residence does not
have an appropriate comparable facility with adequate services.
IC 31-37-19-24
Sec. 24. 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:
(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; and
(4) participate in a program
operated by or through the department of correction.
IC 31-37-19-25
Sec. 25. (a) The clerk of the court that enters a
dispositional decree under this article 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
(1) The lapse of one (1) year
after the decree is entered.
(2) The date specified in the
decree if any.
IC 31-37-19-26
Sec. 26. (a) This section applies if a juvenile court:
(1) places a child;
(2) changes the placement of a
child; or
(3) reviews the implementation
of a decree under IC 31-37-20 (or IC 31-6-4-19 before its repeal) of
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 do the following:
(1) Make findings of fact
concerning the legal settlement of the child.
(2) Apply
IC 20-8.1-6.1-1(a)(1) through IC 20-8.1-6.1-1(a)(7) to determine
where the child has legal settlement.
(3) Include
the findings of fact required by this section in the:
(A)
dispositional order;
(B)
modification order; or
(C)
other decree;
making or changing the
placement of the child.
(c) The juvenile court shall comply with the reporting
requirements under IC 20-8.1-6.1-5.5 concerning the legal settlement of
the child.
IC 31-37-19-27
Sec. 27. (a) The juvenile court may emancipate a child
under section 1(5) or 5(b)(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) Whenever 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:
(A) the
parent's or guardian's right to the control or custody of the child; and
(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:
(1) IC 20-8.1-3 concerning
compulsory school attendance; and
(2) the continuing jurisdiction
of the court.
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