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 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 county office of family and children or 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.

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.

 

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