Sec. 7. (a) For a child who is at least fourteen (14) years of age, the department shall consult with the child in the development of the child’s case plan or transitional services plan. If the department determines that the child is unable to participate effectively in the development of a case plan or transitional services plan due to a physical, mental, emotional, or intellectual disability, the department may excuse the child from this requirement by documenting in the plan the reasons for the child’s inability to participate in the development of the applicable plan. If the child refuses to participate in the development of the applicable plan for reasons other than a physical, mental, emotional, or intellectual disability, the department shall record the refusal and document efforts made to obtain the child’s input or participation in the development of the applicable plan.

     (b) The child may select not more than two (2) child representatives to represent the child in the development of the child’s case plan or transitional services plan. A child representative selected under this section:

(1) must be:

(A) at least eighteen (18) years of age; and

(B) a member of the case planning team; and

(2) may not be a foster parent of or caseworker for the child.

     (c) The child may select one (1) of the child representatives who is a member of the child’s case planning team to also be the child’s adviser and, as necessary, advocate, with respect to the application of the reasonable and prudent parent standard to the child.

     (d) The department may reject an individual selected by a child to be a member of the case planning team at any time if the department has good cause to believe that the individual would not act in the best interests of the child.

As added by P.L.104-2015, SEC.38.