Sec. 4. A child’s case plan must be set out in a form prescribed by the department that meets the specifications set by 45 C.F.R. § 1356.21. The case plan must include a description and discussion of the following:

(1) A permanent plan, or two (2) permanent plans if concurrent planning, for the child and an estimated date for achieving the goal of the plan or plans.

(2) The appropriate placement for the child based on the child’s special needs and best interests.

(3) The least restrictive family-like setting that is close to the home of the child’s parent, custodian, or guardian if out-of-home placement is recommended. If an out-of-home placement is appropriate, the local office or department shall consider whether a child in need of services should be placed with the child’s suitable and willing blood or adoptive relative caretaker, including a grandparent, an aunt, an uncle, or an adult sibling, before considering other out-of-home placements for the child.

(4) Family services recommended for the child, parent, guardian, or custodian.

(5) Efforts already made to provide family services to the child, parent, guardian, or custodian.

(6) Efforts that will be made to provide family services that are ordered by the court.

(7) If the parent of a child is incarcerated:

(A) the services and treatment available to the parent at the facility at which the parent is incarcerated; and

(B) how the parent and the child may be afforded visitation opportunities, unless visitation with the parent is not in the best interests of the child.

(8) A plan for ensuring the educational stability of the child while in foster care that includes assurances that the:

(A) placement of the child in foster care considers the appropriateness of the current educational setting of the child and the proximity to the school where the child is presently enrolled;

(B) department has coordinated with local educational agencies to ensure:

(i) the child remains in the school where the child is enrolled at the time of removal; or

(ii) immediate, appropriate enrollment of the child in a different school, including arrangements for the transfer of the child’s school records to the new school, if remaining in the same school is not in the best interests of the child; and

(C) child’s school has been invited, by the department, to provide information and participate in the case plan process. The school may be invited through its principal or other representative identified by law.

(9) Any age appropriate activities that the child is interested in pursuing.

(10) If the case plan is for a child in foster care who is at least fourteen (14) years of age, the following:

(A) A document that describes the rights of the child with respect to:

(i) education, health, visitation, and court participation;

(ii) the right to be provided with the child’s medical documents and other medical information; and

(iii) the right to stay safe and avoid exploitation.

(B) A signed acknowledgment by the child that the:

(i) child has been provided with a copy of the document described in clause (A); and

(ii) rights contained in the document have been explained to the individual in an age appropriate manner.

(11) Any efforts made by the department to enable the child’s school to provide appropriate support to and protect the safety of the child, if, in developing the case plan, the department coordinates with officials in the child’s school to enable the school to provide appropriate support to and protect the safety of the child.

[Pre-1997 Recodification Citation: 31-6-4-6.6(c).]

As added by P.L.1-1997, SEC.17. Amended by P.L.145-2006, SEC.303; P.L.131-2009, SEC.64; P.L.128-2012, SEC.161; P.L.104-2015, SEC.37; P.L.183-2017, SEC.46; P.L.105-2018, SEC.1; P.L.258-2019, SEC.1; P.L.213-2021, SEC.3.