Determination; findings
Sec. 5. (a) The court shall determine:
(1) whether the child's case plan, services, and placement meet
the special needs and best interests of the child;
(2) whether the county office of family and children has made
reasonable efforts to provide family services; and
(3) a projected date for the child's return home, the child's
adoption placement, the child's emancipation, or the
appointment of a legal guardian for the child under section
7.5(1)(E) of this chapter.
(b) The determination of the court under subsection (a) must be
based on findings written after consideration of the following:
(1) Whether the county office of family and children, the child,
or the child's parent, guardian, or custodian has complied with
the child's case plan.
(2) Written documentation containing descriptions of:
(A) the family services that have been offered or provided to
the child or the child's parent, guardian, or custodian;
(B) the dates during which the family services were offered
or provided; and
(C) the outcome arising from offering or providing the
family services.
(3) The extent of the efforts made by the county office of family
and children to offer and provide family services.
(4) The extent to which the parent, guardian, or custodian has
enhanced the ability to fulfill parental obligations.
(5) The extent to which the parent, guardian, or custodian has
visited the child, including the reasons for infrequent visitation.
(6) The extent to which the parent, guardian, or custodian has
cooperated with the county office of family and children or
probation department.
(7) The child's recovery from any injuries suffered before
removal.
(8) Whether any additional services are required for the child or
the child's parent, guardian, or custodian and, if so, the nature
of those services.
(9) The extent to which the child has been rehabilitated.
(10) If the child is placed out-of-home, whether the child is in
the least restrictive, most family-like setting, and whether the
child is placed close to the home of the child's parent, guardian,
or custodian.
(11) The extent to which the causes for the child's out-of-home
placement or supervision have been alleviated.
(12) Whether current placement or supervision by the county
office of family and children should be continued.
(13) The extent to which the child's parent, guardian, or
custodian has participated or has been given the opportunity to
participate in case planning, periodic case reviews, dispositional
reviews, placement of the child, and visitation.
(14) Whether the county office of family and children has made
reasonable efforts to reunify or preserve a child's family unless
reasonable efforts are not required under section 5.6 of this
chapter.
(15) Whether it is an appropriate time to prepare or implement
a permanency plan for the child under section 7.5 of this
chapter.
As added by P.L.1-1997, SEC.17. Amended by P.L.35-1998, SEC.11.
Last modified: May 24, 2006