Sec. 26. (a) This section applies if a juvenile court:
(1) places a child;
(2) changes the placement of a child; or
(3) reviews the implementation of a decree under IC 31-37-20 (or IC 31-6-4-19 before its repeal) of a child placed;
in a state licensed private or public health care facility, child care facility, foster family home, or the home of a relative or other unlicensed caretaker.
(b) The juvenile court shall do the following:
(1) Make findings of fact concerning the legal settlement of the child.
(2) Apply IC 20-26-11-2(a)(1) through IC 20-26-11-2(a)(8) to determine where the child has legal settlement.
(3) Include the findings of fact required by this section in the:
(A) dispositional order;
(B) modification order; or
(C) other decree;
making or changing the placement of the child.
(c) The juvenile court may determine that the legal settlement of the child is in the school corporation in which the child will attend school under IC 20-26-11-8(d).
(d) The juvenile court shall comply with the reporting requirements under IC 20-26-11-9 concerning the legal settlement of the child.
(e) The juvenile court may place a child in a public school, regardless of whether the public school has a waiting list for admissions, if the court determines that the school's program meets the child's educational needs and the school agrees to the placement. A placement under this subsection does not affect the legal settlement of the child.
[Pre-1997 Recodification Citation: 31-6-4-18.5(b) part, (d) part.]
As added by P.L.1-1997, SEC.20. Amended by P.L.1-2005, SEC.211; P.L.13-2006, SEC.6; P.L.159-2007, SEC.6; P.L.65-2012, SEC.7; P.L.160-2012, SEC.58; P.L.38-2020, SEC.14.
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