Sec. 5.5. (a) In determining the extent to which reasonable efforts to reunify or preserve a family are appropriate under this chapter, the child’s health and safety are of paramount concern.

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Terms Used In Indiana Code 31-34-21-5.5

  • 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.
     (b) Except as provided in section 5.6 of this chapter, the department shall make reasonable efforts to preserve and reunify families as follows:

(1) If a child has not been removed from the child’s home, to prevent or eliminate the need for removing the child from the child’s home.

(2) If a child has been removed from the child’s home, to make it possible for the child to return safely to the child’s home as soon as possible.

     (c) The department may, before reunification of the child with a parent, guardian, or custodian, conduct a criminal history check (as defined in IC 31-9-2-22.5) of:

(1) the child’s:

(A) parent;

(B) guardian; or

(C) custodian; or

(2) a household member of the:

(A) parent;

(B) guardian; or

(C) custodian.

     (d) The department may use the results of a criminal history check conducted under subsection (c) to decide whether it is safe for the child to return home.

As added by P.L.35-1998, SEC.12. Amended by P.L.1-1999, SEC.62; P.L.145-2006, SEC.319; P.L.48-2012, SEC.64.

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