Note: This version of section effective until 7-1-2023. See also following version of this section, effective 7-1-2023.
Sec. 1. (a) Subject to section 6.5 of this chapter, if a child is a delinquent child under IC 31-37-2, the juvenile court may enter one (1) or more of the following dispositional decrees:
(1) Order supervision of the child by the probation department.
(2) Order the child to receive outpatient treatment:
(A) at a social service agency or a psychological, a psychiatric, a medical, or an educational facility; or
(B) from an individual practitioner.
(3) Remove the child from the child's home and place the child in another home or a shelter care facility, child caring institution, group home, or secure private facility. Placement under this subdivision includes authorization to control and discipline the child.
(4) Award wardship to a:
(A) person, other than the department; or
(B) shelter care facility.
(5) Partially or completely emancipate the child under section 27 of this chapter.
(6) Order:
(A) the child; or
(B) the child's parent, guardian, or custodian;
to receive family services.
(7) Order a person who is a party to refrain from direct or indirect contact with the child.
(b) If the child is removed from the child's home and placed in a foster family home or another facility, the juvenile court shall:
(1) approve a permanency plan for the child;
(2) find whether or not reasonable efforts were made to prevent or eliminate the need for the removal;
(3) designate responsibility for the placement and care of the child with the probation department; and
(4) find whether it:
(A) serves the best interests of the child to be removed; and
(B) would be contrary to the health and welfare of the child for the child to remain in the home.
(c) If a dispositional decree under this section:
(1) orders or approves removal of a child from the child's home or awards wardship of the child to a:
(A) person other than the department; or
(B) shelter care facility; and
(2) is the first court order in the delinquent child proceeding that authorizes or approves removal of the child from the child's parent, guardian, or custodian;
the court shall include in the decree the appropriate findings and conclusions described in IC 31-37-6-6(f) and IC 31-37-6-6(g).
(d) If the juvenile court orders supervision of the child by the probation department under subsection (a)(1), the child or the child's parent, guardian, or custodian is responsible for any costs resulting from the participation in a rehabilitative service or educational class provided by the probation department. Any costs collected for services provided by the probation department shall be deposited in the county supplemental juvenile probation services fund.
[Pre-1997 Recodification Citation: 31-6-4-15.4(a) part.]
As added by P.L.1-1997, SEC.20. Amended by P.L.70-2004, SEC.25; P.L.145-2006, SEC.345; P.L.146-2006, SEC.57; P.L.146-2008, SEC.647; P.L.147-2012, SEC.5; P.L.104-2015, SEC.43; P.L.85-2017, SEC.105.
Structure Indiana Code
Title 31. Family Law and Juvenile Law
Article 37. Juvenile Law: Delinquency
Chapter 19. Dispositional Decrees
31-37-19-1.5. Completion of Case Plan; Copies of Case Plan; Contents; Review and Update
31-37-19-1.7. Consult With Child; Selection of Child Representatives; Adviser
31-37-19-5. Additional Dispositional Decrees; Costs
31-37-19-6. Additional Actions by Court on Behalf of Delinquent Child
31-37-19-6-b. Additional Actions by Court on Behalf of Delinquent Child
31-37-19-8. Continuous or Intermittent Confinement; Substandard Juvenile Detention Facilities
31-37-19-11. Confinement Imposed Under Departmental Classification System; Limitation
31-37-19-11.5. Transitional Services; Data Collection; Annual Report
31-37-19-11.7. Telehealth Services
31-37-19-12. HIV Testing of Delinquent Child; Reporting; Notice to and Counseling of Victims
31-37-19-17.2. Fuel Theft by Delinquent Child
31-37-19-17.4. Court May Order a Delinquent Child to Receive Counseling
31-37-19-18. Surrendering and Forwarding Driver's Licenses or Permits
31-37-19-21. Juvenile Detention Facility Confining Child for More Than 30 Days; Criteria
31-37-19-23. Placement in Facility Located Outside Child's County of Residence
31-37-19-25. Decree Limiting Contact With Child; Copies to Parties and Law Enforcement Agencies
31-37-19-26. Determination and Reporting of Legal Settlement