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.
(d) A jurisdictional review of the dispositional decree, including a review of the child's permanency plan, if required under IC 31-37-19-1.5, shall be held at least once every twelve (12) months.
(e) The department shall refer a child's permanency plan to a permanency roundtable before a jurisdictional review under subsection (d). The permanency roundtable may make recommendations regarding a permanency plan, and the recommendations must be included in a report under section 4 of this chapter.
[Pre-1997 Recodification Citation: 31-6-4-19(i).]
As added by P.L.1-1997, SEC.20. Amended by P.L.146-2008, SEC.656; P.L.48-2012, SEC.73.
Structure Indiana Code
Title 31. Family Law and Juvenile Law
Article 37. Juvenile Law: Delinquency
Chapter 20. Review of Dispositional Decrees; Formal Review Hearings
31-37-20-1. Progress Reports; Procedure for Modification of Decree
31-37-20-4. Progress Report Required for Case Review or Continued Jurisdiction
31-37-20-4.5. Notice of Hearing; Opportunity to Be Heard
31-37-20-6. Review of Child's Legal Settlement
31-37-20-7. Discharge of Child
31-37-20-8. Documents Provided to Individual Leaving Foster Care