Sec. 4. (a) If consistent with the safety and best interest of the child and the community, the probation officer preparing the report shall recommend care, treatment, rehabilitation, or placement that:

(1) is based on the results of a validated risk and needs assessment tool;

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Terms Used In Indiana Code 31-37-17-4

  • 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.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
(2) is:

(A) in the least restrictive (most family like) and most appropriate setting available; and

(B) close to the parents’ home, consistent with the best interest and special needs of the child;

(3) least interferes with family autonomy;

(4) is least disruptive of family life;

(5) imposes the least restraint on the freedom of the child and the child’s parent, guardian, or custodian; and

(6) provides a reasonable opportunity for participation by the child’s parent, guardian, or custodian.

     (b) If the report recommends a placement or services for which the department will be responsible for payment under IC 31-40-1, the report must include a risk assessment and needs assessment for the child. The probation officer shall submit to the department a copy of the report and the financial report prepared by the probation officer.

     (c) If the report does not include the:

(1) risk assessment and needs assessment required in subsection (b); or

(2) information required to be provided under section 1(a)(3) of this chapter;

the department shall file a notice with the office of judicial administration.

[Pre-1997 Recodification Citation: 31-6-4-15(d) part.]

As added by P.L.1-1997, SEC.20. Amended by P.L.55-1997, SEC.29; P.L.146-2008, SEC.642; P.L.48-2012, SEC.71; P.L.161-2018, SEC.41; P.L.101-2022, SEC.24.