Ind. Code ch. 31-34-23

in effect

Ind. Code § 31-34-23-1 Motion for modification

Sec. 1. While the juvenile court retains jurisdiction under IC 31-30-2, the juvenile court may modify any dispositional decree: (1) upon the juvenile court's own motion; (2) upon the motion of: (A) the child; (B) the child's: (i) parent; (ii) guardian; (iii) custodian; (iv) court appointed special advocate; or (v) guardian ad litem; or (C) the attorney for the department; or (3) upon the motion of any person providing services to the child or to the child's parent, guardian, or custodian under a decree of the court. [Pre-1997 Recodification Citation: 31-6-7-16(a) part.] As added by P.L.1-1997, SEC.17. Amended by P.L.129-2005, SEC.9; P.L.146-2008, SEC.611.

Ind. Code § 31-34-23-2 Repealed

[Pre-1997 Recodification Citation: 31-6-7-16(a) part.] As added by P.L.1-1997, SEC.17. Repealed by P.L.146-2008, SEC.804.

Ind. Code § 31-34-23-3 Notice and hearing requirements; change in out-of-home placement; temporary order for emergency change of placement

Sec. 3. (a) If the department determines that the out-of-home placement of a child is placing the child's life or health in imminent danger, the department shall either: (1) change the placement of the child and file an emergency motion with the court; or (2) request the court to issue a temporary order for an emergency change in the child's placement. (b) If the department acts under subsection (a), the department shall give notice to all persons affected. The department's notice must state that the person affected may file a written objection not later than ten (10) days after service of the department's notice. If the person affected files a timely objection, the juvenile court shall hold a hearing on the question. (c) If the motion requests any other modification, the department shall give notice to the persons affected, and the juvenile court shall hold a hearing on the question. [Pre-1997 Recodification Citation: 31-6-7-16(b) part.] As added by P.L.1-1997, SEC.17. Amended by P.L.146-2008, SEC.612; P.L.119-2018, SEC.1; P.L.172-2022, SEC.11.

Ind. Code § 31-34-23-4 Modification report

Sec. 4. If a hearing is required, IC 31-34-18 and IC 31-34-19 apply to the preparation and use of a modification report. The report shall be prepared if the department or any person other than the child or the child's parent, guardian, guardian ad litem, court appointed special advocate, or custodian is requesting the modification. Notice of any hearing under this chapter shall be given in accordance with IC 31-34-19-1.3. [Pre-1997 Recodification Citation: 31-6-7-16(b) part.] As added by P.L.1-1997, SEC.17. Amended by P.L.129-2005, SEC.10; P.L.138-2007, SEC.78; P.L.146-2008, SEC.613.

Ind. Code § 31-34-23-5 Placement of a child with a previous placement

Sec. 5. (a) If a child who was: (1) placed in an out-of-home placement during child in need of services proceedings; and (2) moved from the out-of-home placement to an in-home placement; is returned to an out-of-home placement, the court and the department shall make a reasonable attempt to place the child in the out-of-home placement in which the child was placed under subdivision (1) if the out-of-home placement is appropriate under IC 31-27-4 and IC 31-34-4-2 and the placement is in the child's best interests. (b) If a child described in subsection (a) has been placed in more than one (1) out-of-home placement before being removed from the in-home placement described in subsection (a)(2), the court and the department shall place the child in the out-of-home placement that is in the best interests of the child. As added by P.L.210-2019, SEC.16.

Ind. Code § 31-34-23-6 Notice and hearing requirements; change in out-of-home placement

Sec. 6. (a) Except as provided in section 3 of this chapter, before changing a child's out-of-home placement, the department or any other party seeking a change in placement shall file a motion requesting a change in placement if the child: (1) has been in the same out-of-home placement for at least twelve (12) months, consecutively or nonconsecutively; and (2) is in: (A) a foster family home; or (B) the care of a relative. (b) The person with whom the child is placed may: (1) indicate in writing that the person: (A) does not intend to contest the change of placement under subsection (a); and (B) waives the right to request a hearing under subsection (f); and (2) provide the writing to: (A) the department; or (B) the court. (c) Except as provided in subsection (i), if any party files the motion described in subsection (a), the party shall give notice to all persons affected. The party's notice must state that the person affected may file a written objection not later than fifteen (15) days after service of the notice. (d) If a writing described in subsection (b)(1) is provided to the department before the department files the motion described in subsection (a), the department may file the writing with the motion requesting a change in placement. (e) If the motion filed by a party alleges substantiated exigent circumstances (as defined in IC 31-9-2-44.1) or the court receives the writing described in subsection (b), the court may rule on the party's motion without delay. (f) If the person affected files a timely objection to the party's motion requesting a change in out-of-home placement, the juvenile court shall hold a hearing on the question. (g) Except as provided in subsection (e), if: (1) a child is the subject of an adoption petition filed under IC 31-19-2; (2) the adoption petitioner is the current placement for the child; and (3) the adoption petitioner has been the child's placement for at least twelve (12) months, consecutively or nonconsecutively; the court shall not change the child's placement until the adoption petition under IC 31-19-2 has been ruled on. (h) The party must show that the change in out-of-home placement is in the best interests of the child. (i) If the party seeking a change of placement is a: (1) parent (as defined in IC 31-9-2-88(a)); (2) guardian ad litem (as defined in IC 31-9-2-50); or (3) court appointed special advocate; the party must provide notice under subsection (c) to the department. The department shall provide notice of the motion requesting a change of placement to the child's out-of-home placement. The department's notice must state that the person affected may file a written objection not later than fifteen (15) days after service of the department's notice. As added by P.L.172-2022, SEC.12. Amended by P.L.105-2022, SEC.46; P.L.116-2026, SEC.12.

Ind. Code § 31-34-23-7 Change in out-of-home placement; consideration of separation of siblings

Sec. 7. If a child is placed under a dispositional decree in an out-of-home placement in a location in which a sibling of the child resides, a court shall, in considering a motion requesting a change in the child's placement, consider whether separating the child from the child's sibling is in the child's best interest. As added by P.L.65-2023, SEC.3.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/31Fetched: 10/17/2026