Review
Hearing
IC 31-37-20
IC 31-37-20-1
Sec. 1. At any time after the date of an original
dispositional decree, the juvenile court may order the county office of family
and children or 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.
IC 31-37-20-2
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 e
(3) The e
(4) The e
(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 e
IC 31-37-20-3
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.
IC 31-37-20-4
Sec. 4. Before a hearing under section 2 or 3 of this
chapter, the probation department or the county office of family and children
shall prepare a report in accordance with IC 31-37-21 on the progress made
in implementing the dispositional decree.
IC 31-37-20-5
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.
IC 31-37-20-6
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 20-8.1-6.1-5.5 concerning the legal settlement of
the child.
IC 31-37-20-7
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.
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