Modification of Dispositional Decree
IC 31-37-22
IC 31-37-22-1
Sec. 1. While the juvenile court retains jurisdiction
under IC 31-30-2, the juvenile court may modify any dispositional decree:
(1) upon the juvenile court's
own motion;
(2) upon the motion of:
(A) the
child;
(B) the
child's parent, guardian, custodian, or guardian ad litem;
(C) the
probation officer;
(D) the
caseworker;
(E) the
prosecuting attorney; or
(F) the
attorney for the county office of family and children; or
(3) upon the motion of any
person providing services to the child or to the child's parent, guardian, or
custodian under a decree of the court.
IC 31-37-22-2
Sec. 2. If a child has been in the custody of the
department of correction under the juvenile court's original dispositional
decree, the juvenile court may not award guardianship of the child back to the
department unless the juvenile court holds a hearing and finds that the child
violated a modified dispositional decree.
IC 31-37-22-3
Sec. 3. (a) If the petitioner requests an emergency
change in the child's residence, the court may issue a temporary order.
However, the court shall then give notice to the persons affected and shall
hold a hearing on the question if requested.
(b) If the petition requests any other modification,
the court shall give notice to the persons affected and may hold a hearing on
the question.
IC 31-37-22-4
Sec. 4. If a hearing is required, IC 31-37-17
governs the preparation and use of a modification report. The report shall be
prepared if the state or any person other than the child or the child's parent,
guardian, guardian ad litem, or custodian is requesting the modification.
IC 31-37-22-5
Sec. 5. If:
(1) a child is placed in a
shelter care facility or other place of residence as part of a court order with
respect to a delinquent act under IC 31-37-2-2;
(2) the child received a
written warning of the consequences of a violation of the placement at the
hearing during which the placement was ordered;
(3) the issuance of the warning
was reflected in the records of the hearing;
(4) the child is not held in a
juvenile detention facility for more than twenty-four (24) hours, e
(5) the child's mental and
physical condition may be endangered if the child is not placed in a secure
facility;
the juvenile court may modify its disposition order with respect to the
delinquent act and place the child in a public or private facility for
children.
IC 31-37-22-6
Sec. 6. If:
(1) a child fails to comply
with IC 20-8.1-3 concerning compulsory school attendance as part of a
court order with respect to a delinquent act under IC 31-37-2-3 (or
IC 31-6-4-1(a)(3) before its repeal);
(2) the child received a
written warning of the consequences of a violation of the court order;
(3) the issuance of the warning
was reflected in the records of the hearing;
(4) the child is not held in a
juvenile detention facility for more than twenty-four (24) hours, e
(5) the child's mental and
physical condition may be endangered if the child is not placed in a secure
facility;
the juvenile court may modify its disposition order with respect to the
delinquent act and place the child in a public or private facility for children
under section 7 of this chapter.
IC 31-37-22-7
Sec. 7. (a) If the juvenile court modifies its
disposition order under section 5 or 6 of this chapter, the court may order the
child placed under one (1) of the following alternatives:
(1) In a nonlocal secure
private facility licensed under the laws of any state. Placement under this
alternative includes authorization to control and discipline the child.
(2) In a local secure private
facility licensed under
(3) In a local secure public
facility.
(4) In a local alternative
facility approved by the juvenile court.
(5) As a
ward of the department of correction for housing in any correctional facility
for children. Wardship under this alternative does not include the right to
consent to the child's adoption. However, without a determination of
unavailable housing by the department of correction, a child found to be
subject to section 5 or 6 of this chapter and placed in a secure facility of
the department of correction may not be housed with any child found to be
delinquent under any other provision of this article.
(b) If the juvenile court places a child under
subsection (a)(3) or (a)(4):
(1) the length of the placement
may not e
(2) the juvenile court shall
order specific treatment of the child designated to eliminate the child's
disobedience of the court's order of placement.
(c) The juvenile court shall retain jurisdiction over
any placement under this section (or IC 31-6-7-16(d) before its repeal)
and shall review each placement every three (3) months to determine whether
placement in a secure facility remains appropriate.
IC 31-37-22-8
Sec. 8. A local alternative facility seeking the
approval of the juvenile court shall provide the court with a description of
the following:
(1) The facility's location and
facilities.
(2) The facility's staff,
including personnel qualifications.
(3) The ma
(4) Funding sources.
(5) Programs that will be
provided for children who are housed in the facility.
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