Sec. 1. (a) Subject to this section and section 1.5 of this chapter, if a child is a child in need of services, the juvenile court may enter one (1) or more of the following dispositional decrees:

(1) Order supervision of the child by the department.

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Terms Used In Indiana Code 31-34-20-1

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(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 authorize the department to place the child in another home, 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 of the child to the department for supervision, care, and placement.

(5) Partially or completely emancipate the child under section 6 of this chapter.

(6) Order the child’s parent, guardian, or custodian to complete services recommended by the department and approved by the court under IC 31-34-18 and IC 31-34-19, which may include services described in section 3(a) of this chapter.

(7) Order a person who is a party to refrain from direct or indirect contact with the child.

(8) Order a perpetrator of child abuse or neglect to refrain from returning to the child’s residence.

     (b) A juvenile court may not place a child in a home or facility that is located outside Indiana unless:

(1) the placement is recommended or approved by the director of the department or the director’s designee; or

(2) the juvenile court makes written findings based on clear and convincing evidence that:

(A) the out-of-state placement is appropriate because there is not an equivalent facility with adequate services located in Indiana;

(B) institutional care in the other jurisdiction is in the best interest of the child and will not produce undue hardship; or

(C) the location of the home or facility is within a distance not greater than fifty (50) miles from the county of residence of the child.

     (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 the department; and

(2) is the first juvenile court order in the child in need of services proceeding that authorizes or approves removal of the child from the child’s parent, guardian, or custodian;

the juvenile court shall include in the decree the appropriate findings and conclusions described in IC 31-34-5-3(b) and IC 31-34-5-3(c).

[Pre-1997 Recodification Citation: 31-6-4-15.4(a) part.]

As added by P.L.1-1997, SEC.17. Amended by P.L.70-2004, SEC.21; P.L.145-2006, SEC.311; P.L.146-2006, SEC.50; P.L.52-2007, SEC.10; P.L.146-2008, SEC.602; P.L.104-2015, SEC.39; P.L.46-2016, SEC.14; P.L.183-2017, SEC.48; P.L.172-2022, SEC.9.

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