Predispositional Report

 

IC 31-37-17
    
IC 31-37-17-1
    Sec. 1. (a) Upon finding that a child is a delinquent child, the juvenile court shall order a probation officer or a caseworker to prepare a predispositional report that contains a:
        (1) statement of the needs of the child for care, treatment, rehabilitation, or placement; and
        (2) recommendation for the care, treatment, rehabilitation, or placement of the child.
    (b) Any of the following may prepare an alternative report for consideration by the court:
        (1) The child.
        (2) The child's:
            (A) parent;
            (B) guardian;
            (C) guardian ad litem;
            (D) court appointed special advocate; or
            (E) custodian.

IC 31-37-17-1.1
    Sec. 1.1. (a) The person preparing the report under section 1 of this chapter:
        (1) may; or
        (2) if directed by the court, shall;
confer with individuals who have expertise in professional areas related to the child's needs in the areas of appropriate care, treatment, rehabilitation, or placement for a delinquent child.
    (b) A conference held under this chapter may include representatives of the following:
        (1) The child's school.
        (2) The probation department.
        (3) The county office of family and children.
        (4) A community mental health center located in the child's county of residence.
        (5) A community mental retardation and other developmental disabilities center located in the child's county of residence.
        (6) Other persons as the court may direct.

IC 31-37-17-1.2
    Sec. 1.2. If a delinquent child is known to be eligible for special education services or placement under IC 20-1-6 and 511 IAC 7, the conference described in section 1.1 of this chapter must include a representative from the child's school.

IC 31-37-17-1.3

    Sec. 1.3. (a) The individuals participating in a meeting described in section 1.1 of this chapter shall assist the person preparing the report in recommending the care, treatment, rehabilitation, or placement of the child.
    (b) The individuals shall inform the person preparing the report of resources and programs that are available for the child.
    (c) The probation officer or caseworker shall collect, maintain, and complete financial eligibility forms designated by the director to assist in obtaining federal reimbursement and other reimbursement.

IC 31-37-17-2
    Sec. 2. (a) In addition to providing the court with a recommendation for the care, treatment, or rehabilitation of the child, the person preparing the report shall consider the necessity, nature, and extent of the participation by a parent, guardian, or custodian in a program of care, treatment, or rehabilitation for the child.
    (b) If a probation officer or caseworker believes that an out-of-home placement would be appropriate for a delinquent child, the probation officer or caseworker shall consider whether the child should be placed with the child's suitable and willing blood or adoptive relative caretaker, including a grandparent, an aunt, an uncle, or an adult sibling, before considering other out-of-home placements for the child.

IC 31-37-17-3
    Sec. 3. The probation officer or caseworker shall collect information and prepare a financial report, in the form prescribed by the division, on the parent or the estate of the child to assist the juvenile court and the county office in:
        (1) determining the person's financial responsibility; and
        (2) obtaining federal reimbursement;
for services provided for the child or the person.

IC 31-37-17-4
    Sec. 4. If consistent with the safety and best interest of the child and the community, the person preparing the report shall recommend care, treatment, rehabilitation, or placement 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 31-37-17-5
    Sec. 5. The juvenile court may do the following:
        (1) Authorize an examination of the child under IC 31-32-12.
        (2) Make provision for similar examination of the parent, guardian, or custodian if the person gives consent.

IC 31-37-17-6
    Sec. 6. (a) Predispositional reports shall be made available within a reasonable time before the dispositional hearing, unless the juvenile court determines on the record that the reports contain information that should not be released to the child or the child's parent, guardian, or custodian.
    (b) The court shall provide a copy of the report to:
        (1) each attorney, guardian ad litem, or court appointed special advocate representing the child; and
        (2) each attorney representing the child's parent, guardian, or custodian.
    (c) The court may provide a factual summary of the report to:
        (1) the child; or
        (2) the child's parent, guardian, or custodian.

IC 31-37-17-6.1
    Sec. 6.1. The predispositional report prepared by a probation officer or caseworker shall include the following information:
        (1) A description of all dispositional options considered in preparing the report.
        (2) An evaluation of each of the options considered in relation to the plan of care, treatment, rehabilitation or placement recommended under the guidelines described in section 4 of this chapter.
        (3) The name, occupation and position, and any relationship to the child of each person with whom the preparer of the report conferred as provided in section 1.1 of this chapter.

IC 31-37-17-7
    Sec. 7. (a) This section shall not be construed to limit victim's rights granted by IC 35-40 or any other law.
    (b) In the case of a child who commits a delinquent act that would be a sex offense (as defined in IC 11-13-6-5.5(b)) if the child were an adult, the person preparing the predispositional report under section 1 of this chapter shall, before the predispositional report is prepared, notify each victim (as defined in IC 11-13-6-5.5) in the proceeding of the victim's rights under IC 11-13-6-5.5 and the procedures related to the exercises of those rights.

 

 

 

Jurisdiction     

 

Juvenile Court Rights

Preliminary Inquiry

Informal Adjustment

Right of Counsel

Detention Hearing

Initial Hearing

 

Fact Finding Hearing

Dispositional Hearing           

Predispositional Report

Review Hearing

 

Modification Hearing           

Parental Responsibility

Waiver to Adult Court  

Juvenile Records