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IC 31-37-22-1
Motion for modification
Sec. 1. While the juvenile court retains jurisdiction under
IC 31-30-2, the juvenile court may modify any dispositional decree:
(1) upon the juvenile court's own motion;
(2) upon the motion of:
(A) the child;
(B) the child's parent, guardian, custodian, or guardian ad
litem;
(C) the probation officer; or
(D) the prosecuting attorney; or
(3) upon the motion of any person providing services to the
child or to the child's parent, guardian, or custodian under a
decree of the court.
As added by P.L.1-1997, SEC.20. Amended by P.L.145-2006,
SEC.352; P.L.146-2008, SEC.659.
IC 31-37-22-2
Award of guardianship of child to department of correction
Sec. 2. If a child has been in the custody of the department of
correction under the juvenile court's original dispositional decree, the
juvenile court may not award guardianship of the child back to the
department unless the juvenile court holds a hearing and finds that
the child violated a modified dispositional decree.
As added by P.L.1-1997, SEC.20.
IC 31-37-22-3 Version a
Notice and hearing requirements; temporary order for emergency
change in child's residence
Note: This version of section effective until 1-1-2009. See also
following version of this section, effective 1-1-2009.
Sec. 3. (a) If the petitioner requests an emergency change in the
child's residence, the court may issue a temporary order. However,
the court shall then give notice to the persons affected and shall hold
a hearing on the question if requested.
(b) If the petition requests any other modification, the court shall
give notice to the persons affected and may hold a hearing on the
question.
As added by P.L.1-1997, SEC.20.
IC 31-37-22-3 Version b
Notice and hearing requirements; temporary order for emergency
change in child's residence
Note: This version of section effective 1-1-2009. See also
preceding version of this section, effective until 1-1-2009.
Sec. 3. (a) If the motion requests an emergency change in the
child's residence, the juvenile court may issue a temporary order.
However, the probation officer shall then give notice to the persons
affected and the juvenile court shall hold a hearing on the question
if requested.
(b) If the motion requests any other modification, the probation
officer shall give notice to the persons affected and the juvenile court
shall hold a hearing on the question.
(c) The procedures specified in IC 31-37-17-1.4 and
IC 31-37-18-9 apply to any modification of a dispositional decree
under this chapter that requires or would require payment by the
department, under IC 31-40-1, for any of the costs of programs,
placements, or services for or on behalf of the child.
As added by P.L.1-1997, SEC.20. Amended by P.L.146-2008,
SEC.660.
IC 31-37-22-4
Notification of report; notice
Sec. 4. If a hearing is required, IC 31-37-17 governs the
preparation and use of a modification report. The report shall be
prepared if the state or any person other than the child or the child's
parent, guardian, guardian ad litem, or custodian is requesting the
modification. Notice of any hearing under this chapter shall be given
in accordance with IC 31-37-18-1.3.
As added by P.L.1-1997, SEC.20. Amended by P.L.138-2007,
SEC.89.
IC 31-37-22-5
Placement of child in public or private facility for children
Sec. 5. If:
(1) a child is placed in a shelter care facility or other place of
residence as part of a court order with respect to a delinquent
act under IC 31-37-2-2;
(2) the child received a written warning of the consequences of
a violation of the placement at the hearing during which the
placement was ordered;
(3) the issuance of the warning was reflected in the records of
the hearing;
(4) the child is not held in a juvenile detention facility for more
than twenty-four (24) hours, excluding Saturdays, Sundays, and
legal holidays, before the hearing at which it is determined that
the child violated that part of the order concerning the child's
placement in a shelter care facility or other place of residence;
and
(5) the child's mental and physical condition may be endangered
if the child is not placed in a secure facility;
the juvenile court may modify its disposition order with respect to
the delinquent act and place the child in a public or private facility
for children under section 7 of this chapter.
As added by P.L.1-1997, SEC.20. Amended by P.L.146-2008,
SEC.661.
IC 31-37-22-7
Alternative facilities for placement
Sec. 7. (a) If the juvenile court modifies its disposition order
under section 5 or 6 of this chapter, the court may order the child
placed under one (1) of the following alternatives:
(1) In a nonlocal secure private facility licensed under the laws
of any state. Placement under this alternative includes
authorization to control and discipline the child.
(2) In a local secure private facility licensed under Indiana law.
Placement under this alternative includes authorization to
control and discipline the child.
(3) In a local secure public facility.
(4) In a local alternative facility approved by the juvenile court.
(5) As a ward of the department of correction for housing in any
correctional facility for children. Wardship under this
alternative does not include the right to consent to the child's
adoption. However, without a determination of unavailable
housing by the department of correction, a child found to be
subject to section 5 or 6 of this chapter and placed in a secure
facility of the department of correction may not be housed with
any child found to be delinquent under any other provision of
this article.
(b) If the juvenile court places a child under subsection (a)(3) or
(a)(4):
(1) the length of the placement may not exceed thirty (30) days;
and
IC 31-37-22-8
Description by local alternative facility seeking court approval
Sec. 8. A local alternative facility seeking the approval of the
juvenile court shall provide the court with a description of the
following:
(1) The facility's location and facilities.
(2) The facility's staff, including personnel qualifications.
(3) The maximum number of children who may be housed in
the facility, including a ratio of staff to children when the
facility is at maximum capacity.
(4) Funding sources.
(5) Programs that will be provided for children who are housed
in the facility.
As added by P.L.1-1997, SEC.20.