CHAPTER 18. DISPOSITIONAL HEARING
IC 31-37-18
Chapter 18. Dispositional Hearing
IC 31-37-18-1
Issues for consideration
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 extent of the participation by a
parent, a guardian, or a custodian in the program of care,
treatment, or rehabilitation for the child.
(3) The financial responsibility of the parent or guardian of the
estate for services provided for the parent or guardian or the
child.
As added by P.L.1-1997, SEC.20. Amended by P.L.55-1997, SEC.31.
IC 31-37-18-1.1
Mandatory attendance at predispositional hearing by report
preparer or probation officer
Sec. 1.1. (a) At a dispositional hearing under this chapter, the
person that prepared the predispositional report or a probation officer
described in subsection (b):
(1) must be present; and
(2) must present testimony when requested to explain how the
individuals participating in the conference described in
IC 31-37-17:
(A) examined the available options; and
(B) recommended the options that most closely coincide
with the guidelines provided in IC 31-37-17-4.
(b) A probation officer other than the person who prepared the
predispositional report may satisfy the requirements of subsection (a)
if the probation officer has knowledge of:
(1) a conference held under IC 31-37-17-1.1; and
(2) the report and recommendations made under IC 31-37-17-1.
As added by P.L.55-1997, SEC.32. Amended by P.L.142-2007,
SEC.9.
IC 31-37-18-1.3
Notice of dispositional hearing; court duties
Sec. 1.3. (a) The prosecuting attorney or probation department of
the juvenile court shall provide notice of the date, time, place, and
purpose of the dispositional hearing under this chapter to each:
(1) party or person for whom a summons is required to be
issued under IC 31-37-12-2; and
(2) foster parent or other caretaker with whom the child is
placed for temporary care;
at the time the dispositional hearing is scheduled.
(b) The court shall:
(1) provide a person who is required to be notified under
subsection (a) an opportunity to be heard; and
(2) allow a person described in subdivision (1) to make
recommendations to the court;
at the dispositional hearing.
As added by P.L.138-2007, SEC.84.
IC 31-37-18-2
Admissibility of reports; opportunity to controvert report
Sec. 2. (a) Any predispositional report may be admitted into
evidence to the extent that the report contains evidence of probative
value even if the report would otherwise be excluded.
(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 following shall be given a fair opportunity to controvert
any part of the report admitted into evidence:
(1) The child.
(2) The child's parent, guardian, or custodian.
(3) The person representing the interests of the state.
(4) A foster parent or other caretaker who is entitled to notice
of the dispositional hearing under section 1.3 of this chapter.
As added by P.L.1-1997, SEC.20. Amended by P.L.138-2007,
SEC.85.
IC 31-37-18-3
Civil commitment; child with a mental illness
Sec. 3. If it appears to the juvenile court that a child has a mental
illness, 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.
As added by P.L.1-1997, SEC.20. Amended by P.L.99-2007,
SEC.197.
IC 31-37-18-4
Discharge of child; continuance of proceeding; no release of
department from obligations to child
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 the department, the juvenile court may
not release the department from the obligations of the department to
the child pending the outcome of the proceeding under IC 12-26.
As added by P.L.1-1997, SEC.20. Amended by P.L.145-2006,
SEC.343; P.L.146-2008, SEC.644.
IC 31-37-18-5
Release of department of child services from obligations to child
placed in state institution for involuntary treatment
Sec. 5. If the court authorizes a child who is under the custody or
supervision of the department 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 department from
obligations of the department to the child until the earlier of:
(1) the date the child is discharged; or
(2) the date that a parent, guardian, or other responsible person
approved by the court assumes the obligations.
As added by P.L.1-1997, SEC.20. Amended by P.L.145-2006,
SEC.344; P.L.146-2008, SEC.645.
IC 31-37-18-6
Dispositional decree; factors
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.
As added by P.L.1-1997, SEC.20. Amended by P.L.55-1997, SEC.33.
IC 31-37-18-7
Provision of copies of dispositional report
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.
As added by P.L.1-1997, SEC.20.
IC 31-37-18-8
Advisement of modification procedures
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.
As added by P.L.1-1997, SEC.20.
IC 31-37-18-9
Filings and conclusions; written findings concerning
recommendations; appeal by department; payment of costs and
expenses
Sec. 9. (a) The juvenile court shall accompany the court's
dispositional decree with written findings and conclusions upon the
record concerning approval, modification, or rejection of the
dispositional recommendations submitted in the predispositional
report, including the following specific findings:
(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) Efforts made, if the child is removed from the child's parent,
guardian, or custodian, to:
(A) prevent the child's removal from; or
(B) reunite the child with;
the child's parent, guardian, or custodian.
(4) Family services that were offered and provided to:
(A) the child; or
(B) the child's parent, guardian, or custodian.
(5) The court's reasons for the disposition.
(b) If the department does not concur with the probation officer's
recommendations in the predispositional report and the juvenile court
does not follow the department's alternative recommendations, the
juvenile court shall:
(1) accompany the court's dispositional decree with written
findings that the department's recommendations contained in
the predispositional report are:
(A) unreasonable based on the facts and circumstances of the
case; or
(B) contrary to the welfare and best interests of the child;
and
(2) incorporate all documents referenced in the report submitted
to the probation officer or to the court by the department into
the order so that the documents are part of the record for any
appeal the department may pursue under subsection (d).
(c) The juvenile court may incorporate a finding or conclusion
from a predispositional report as a written finding or conclusion upon
the record in the court's dispositional decree.
(d) If the juvenile court enters findings and a decree under
subsection (b), the department may appeal the juvenile court's decree
under any available procedure provided by the Indiana Rules of Trial
Procedure or Indiana Rules of Appellate Procedure to allow any
disputes arising under this section to be decided in an expeditious
manner.
(e) If the department prevails on appeal, the department shall pay
the following costs and expenses incurred by or on behalf of the
child before the date of the final decision:
(1) any programs or services implemented during the appeal
initiated under subsection (d), other than the cost of an
out-of-home placement ordered by the juvenile court; and
(2) any out-of-home placement ordered by the juvenile court
and implemented after entry of the dispositional decree or
modification order, if the juvenile court has made written
findings that the placement is an emergency required to protect
the health and welfare of the child.
If the court has not made written findings that the placement is an
emergency, the county in which the juvenile court is located is
responsible for payment of all costs of the placement, including the
cost of services and programs provided by the home or facility where
the child was placed.
As added by P.L.1-1997, SEC.20. Amended by P.L.55-1997, SEC.34;
P.L.146-2006, SEC.56; P.L.146-2008, SEC.646; P.L.131-2009,
SEC.70.