Sec. 3. (a) The court shall hold a formal hearing on the question of continued jurisdiction:

(1) every eighteen (18) months after:

criminal case

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Terms Used In Indiana Code 31-37-20-3

  • 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.
  • juvenile: as used in this article means any person who is a minor under the law of the state of residence of the parent, guardian, person or agency entitled to the legal custody of such minor. See Indiana Code 31-37-23-1
(A) the date of the original dispositional decree; or

(B) a delinquent child was removed from the child’s parent, guardian, or custodian;

whichever comes first; or

(2) more often if ordered by the juvenile court.

     (b) The state must show that jurisdiction should continue by proving that the objectives of the dispositional decree have not been accomplished and that a continuation of the decree with or without modifications has a probability of success.

     (c) If the state does not sustain the state’s burden for continued jurisdiction, the court may:

(1) authorize a petition for termination of the parent-child relationship; or

(2) discharge the child or the child’s parent, guardian, or custodian.

     (d) A jurisdictional review of the dispositional decree, including a review of the child’s permanency plan, if required under IC 31-37-19-1.5, shall be held at least once every twelve (12) months.

     (e) The department shall refer a child’s permanency plan to a permanency roundtable before a jurisdictional review under subsection (d). The permanency roundtable may make recommendations regarding a permanency plan, and the recommendations must be included in a report under section 4 of this chapter.

[Pre-1997 Recodification Citation: 31-6-4-19(i).]

As added by P.L.1-1997, SEC.20. Amended by P.L.146-2008, SEC.656; P.L.48-2012, SEC.73.

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