Ind. Code ch. 31-37-17

Ind. Code ch. 31-37-17
in effect

Ind. Code § 31-37-17-1 Recommendation of care, treatment, or rehabilitation of child; alternative reports

Sec. 1. (a) Upon finding that a child is a delinquent child, the juvenile court shall order a probation officer to prepare a predispositional report that contains: (1) a statement of the needs of the child for care, treatment, rehabilitation, or placement; (2) a recommendation for the care, treatment, rehabilitation, or placement of the child; (3) if the recommendation includes an out-of-home placement other than a secure detention facility, information that the department requires to determine whether the child is eligible for assistance under Title IV-E of the federal Social Security Act (42 U.S.C. 670 et seq.); (4) a statement of the department's concurrence with or its alternative proposal to the probation officer's predispositional report, as provided in section 1.4 of this chapter; (5) a statement of whether the child receives Medicaid; and (6) the results of the validated risk and needs assessment tool the probation officer conducted on the child. If the juvenile court waives the preparation of a predispositional report under this section, the results of the validated risk and needs assessment tool shall still be provided to the juvenile court and any legal party to the case. (b) Any of the following may prepare an alternative report for consideration by the court: (1) The child. (2) The child's: (A) parent; (B) guardian; (C) guardian ad litem; (D) court appointed special advocate; or (E) custodian. (c) The results of the predispositional report compiled under subsection (a) shall, as soon as practicable, be shared with: (1) the juvenile court; (2) the prosecuting attorney; (3) the defense attorney; and (4) any other party to the case; to ensure that the safety and best interest of the child and the community are addressed. (d) The juvenile court shall make a written finding that includes the results of the risk and needs assessment if the court orders an out-of-home placement. [Pre-1997 Recodification Citation: 31-6-4-15(a) part.] As added by P.L.1-1997, SEC.20. Amended by P.L.55-1997, SEC.25; P.L.146-2008, SEC.637; P.L.114-2009, SEC.2; P.L.131-2009, SEC.68; P.L.1-2010, SEC.127; P.L.101-2022, SEC.23.

Ind. Code § 31-37-17-1.1 Consultation with experts; participants in conference

Sec. 1.1. (a) The person preparing the report under section 1 of this chapter: (1) may; or (2) if directed by the court, shall; confer with individuals who have expertise in professional areas related to the child's needs in the areas of appropriate care, treatment, rehabilitation, or placement for a delinquent child. (b) A conference held under this chapter may include representatives of the following: (1) The child's school. (2) The probation department. (3) The department. (4) A community mental health center located in the child's county of residence. (5) A community intellectual disability and other developmental disabilities center located in the child's county of residence. (6) Other persons as the court may direct. As added by P.L.55-1997, SEC.26. Amended by P.L.253-1997(ss), SEC.28.5; P.L.145-2006, SEC.340; P.L.117-2015, SEC.41.

Ind. Code § 31-37-17-1.2 Mandatory attendance of child's school representative at conference

Sec. 1.2. If a delinquent child is known to be eligible for special education services or placement under IC 20-35-2 and 511 IAC 7, the conference described in section 1.1 of this chapter must include a representative from the child's school. As added by P.L.55-1997, SEC.27. Amended by P.L.1-2005, SEC.210.

Ind. Code § 31-37-17-1.3 Reports and forms

Sec. 1.3. (a) The individuals participating in a meeting described in section 1.1 of this chapter shall assist the person preparing the report in recommending the care, treatment, rehabilitation, or placement of the child. (b) The individuals shall inform the person preparing the report of resources and programs that are available for the child. (c) The probation officer shall: (1) collect and maintain all information relevant to a determination of eligibility under Title IV-E of the federal Social Security Act (42 U.S.C. 670 et seq.); and (2) complete financial eligibility forms designated by the director to assist in obtaining federal reimbursement and other reimbursement. As added by P.L.55-1997, SEC.28. Amended by P.L.273-1999, SEC.108; P.L.146-2008, SEC.638.

Ind. Code § 31-37-17-1.4 Referral of predispositional report to department; review of predispositional report by department; concurrence or alternative proposal

Sec. 1.4. (a) If the predispositional report includes a recommended placement, program, or services that would be payable by the department under IC 31-40-1-2, a probation officer shall refer the officer's completed predispositional report, except for the statement required under section 1(a)(4) of this chapter, to the department within a reasonable time before its required disclosure under section 6 of this chapter to allow the department time to: (1) review; and (2) either concur with or offer an alternative proposal to the recommendations in; the predispositional report. (b) The department shall, after review of the predispositional report and any attachments necessary to verify the predispositional report, and within a reasonable time before the dispositional hearing, either: (1) concur with the predispositional report; or (2) communicate to the probation officer an alternative proposal regarding programs and services. As added by P.L.146-2008, SEC.639.

Ind. Code § 31-37-17-2 Participation by parent, guardian, or custodian; out-of-home placement with blood or adoptive relative caretaker

Sec. 2. (a) In addition to providing the court with a recommendation for the care, treatment, or rehabilitation of the child, the person preparing the report shall consider the necessity, nature, and extent of the participation by a parent, guardian, or custodian in a program of care, treatment, or rehabilitation for the child. (b) If a probation officer believes that an out-of-home placement would be appropriate for a delinquent child, the probation officer shall consider whether the child should be placed with a suitable and willing relative, before considering other out-of-home placements for the child. [Pre-1997 Recodification Citation: 31-6-4-15(b) part.] As added by P.L.1-1997, SEC.20. Amended by P.L.146-2008, SEC.640; P.L.123-2014, SEC.25.

Ind. Code § 31-37-17-3 Financial report

Sec. 3. The probation officer shall collect information and prepare a financial report, in the form prescribed by the department, on the parent or the estate of the child to assist the juvenile court and the department in: (1) determining the person's financial responsibility; and (2) obtaining federal reimbursement; for services provided for the child or the person. [Pre-1997 Recodification Citation: 31-6-4-15(c) part.] As added by P.L.1-1997, SEC.20. Amended by P.L.273-1999, SEC.109; P.L.145-2006, SEC.341; P.L.146-2008, SEC.641.

Ind. Code § 31-37-17-4 Recommendation on care, treatment, rehabilitation, or placement; risk assessment and needs assessment

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; (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.

Ind. Code § 31-37-17-5 Examinations

Sec. 5. The juvenile court may do the following: (1) Authorize an examination of the child under IC 31-32-12. (2) Make provision for similar examination of the parent, guardian, or custodian if the person gives consent. [Pre-1997 Recodification Citation: 31-6-4-15(e) part.] As added by P.L.1-1997, SEC.20.

Ind. Code § 31-37-17-6 Disclosure

Sec. 6. (a) Predispositional reports shall be made available within a reasonable time before the dispositional hearing, unless the juvenile court determines on the record that the reports contain information that should not be released to the child or the child's parent, guardian, or custodian. (b) The court shall provide a copy of the report to: (1) each attorney, guardian ad litem, or court appointed special advocate representing the child; and (2) each attorney representing the child's parent, guardian, or custodian. (c) The court may provide a factual summary of the report to: (1) the child; or (2) the child's parent, guardian, or custodian. [Pre-1997 Recodification Citation: 31-6-4-15(f) part.] As added by P.L.1-1997, SEC.20. Amended by P.L.197-1997, SEC.28.

Ind. Code § 31-37-17-6.1 Predispositional report; contents

Sec. 6.1. (a) The predispositional report prepared by a probation officer must include the following information: (1) A validated risk and needs assessment as described in section 1 of this chapter. (2) A description of all dispositional options considered in preparing the report. (3) An evaluation of each of the options considered in relation to the plan of care, treatment, rehabilitation, or placement recommended under the guidelines described in section 4 of this chapter. (4) The name, occupation and position, and any relationship to the child of each person with whom the preparer of the report conferred as provided in section 1.1 of this chapter. (5) The items required under section 1 of this chapter. (6) The results of a dual status screening tool to determine whether the child is a dual status child as described in IC 31-41-1-2. (b) If a probation officer is considering an out-of-home placement, including placement with a relative, the probation officer must conduct a criminal history check (as defined in IC 31-9-2.1-58) for each person who is currently residing in the location designated as the out-of-home placement. The results of the criminal history check must be included in the predispositional report. (c) A probation officer is not required to conduct a criminal history check under this section if: (1) the probation officer is considering only an out-of-home placement to an entity or a facility that: (A) is not a residence (as defined in IC 3-5-2.1-90); or (B) is licensed by the state; or (2) placement under this section is undetermined at the time the predispositional report is prepared. As added by P.L.55-1997, SEC.30. Amended by P.L.70-2004, SEC.24; P.L.234-2005, SEC.186; P.L.145-2006, SEC.342; P.L.146-2008, SEC.643; P.L.123-2014, SEC.26; P.L.66-2015, SEC.15; P.L.101-2022, SEC.25; P.L.186-2025, SEC.162; P.L.145-2026, SEC.213.

Ind. Code § 31-37-17-7 Victim notification

Sec. 7. (a) This section shall not be construed to limit victim's rights granted by IC 35-40 or any other law. (b) In the case of a child who commits a delinquent act that would be a sex offense (as defined in IC 11-13-6-5.5(b)) if the child were an adult, the person preparing the predispositional report under section 1 of this chapter shall, before the predispositional report is prepared, notify each victim (as defined in IC 11-13-6-5.5) in the proceeding of the victim's rights under IC 11-13-6-5.5 and the procedures related to the exercises of those rights. As added by P.L.77-2001, SEC.2.

Ind. Code § 31-37-17-8 Exchange of information

Sec. 8. Unless prohibited by federal law, a probation department and: (1) the division of family resources; (2) a local office; and (3) the department of child services; may exchange information for use in preparing a report under this chapter. As added by P.L.131-2009, SEC.69. Amended by P.L.128-2012, SEC.174.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/31Fetched: 10/17/2026

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