Permanency plans prohibited if household contains certain
individuals; exceptions
Sec. 7.5. (a) Except as provided in subsection (d), the juvenile
court may not approve a permanency plan under subsection
(c)(1)(D), (c)(1)(E), or (c)(1)(F) if a person who is currently residing
with a person described in subsection (c)(1)(D) or (c)(1)(E) or in a
residence in which the child would be placed under subsection
(c)(1)(F) has committed an act resulting in a substantiated report of
child abuse or neglect, has a juvenile adjudication for an act that
would be a felony listed in IC 12-17.4-4-11 if committed by an adult,
or has a conviction for a felony listed in IC 12-17.4-4-11.
(b) The juvenile court shall order the probation officer or
caseworker who prepared the predispositional report to conduct a
criminal history check (as defined in IC 31-9-2-22.5) to determine if
a person described in subsection (a) has committed an act resulting
in a substantiated report of child abuse or neglect, has a juvenile
adjudication for an act that would be a felony listed in
IC 12-17.4-4-11 if committed by an adult, or has a conviction for a
felony listed in IC 12-17.4-4-11. However, the juvenile court is not
required to order a criminal history check under this section if
criminal history information under IC 31-34-4-2, IC 31-34-18-6.1, or
IC 31-34-20-1.5 establishes whether a person described in subsection
(a) has committed an act resulting in a substantiated report of child
abuse or neglect, has a juvenile adjudication for an act that would be
a felony listed in IC 12-17.4-4-11 if committed by an adult, or has a
conviction for a felony listed in IC 12-17.4-4-11.
(c) A permanency plan under this chapter includes the following:
(1) The intended permanent or long term arrangements for care
and custody of the child that may include any of the following
arrangements that the court considers most appropriate and
consistent with the best interests of the child:
(A) Return to or continuation of existing custodial care
within the home of the child's parent, guardian, or custodian
or placement of the child with the child's noncustodial
parent.
(B) Initiation of a proceeding by the agency or appropriate
person for termination of the parent-child relationship under
IC 31-35.
(C) Placement of the child for adoption.
(D) Placement of the child with a responsible person,
including:
(i) an adult sibling;
(ii) a grandparent;
(iii) an aunt;
(iv) an uncle; or
(v) another relative;
who is able and willing to act as the child's permanent
custodian and carry out the responsibilities required by the
permanency plan.
(E) Appointment of a legal guardian. The legal guardian
appointed under this section is a caretaker in a judicially
created relationship between the child and caretaker that is
intended to be permanent and self-sustaining as evidenced
by the transfer to the caretaker of the following parental
rights with respect to the child:
(i) Care, custody, and control of the child.
(ii) Decision making concerning the child's upbringing.
(F) Placement of the child in another planned, permanent
living arrangement.
(2) A time schedule for implementing the applicable provisions
of the permanency plan.
(3) Provisions for temporary or interim arrangements for care
and custody of the child, pending completion of implementation
of the permanency plan.
(4) Other items required to be included in a case plan under
IC 31-34-15 or federal law, consistent with the permanent or
long term arrangements described by the permanency plan.
(d) A juvenile court may approve a permanency plan if:
(1) a person described in subsection (a) has:
(A) committed an act resulting in a substantiated report of
child abuse or neglect; or
(B) been convicted or had a juvenile adjudication for:
(i) reckless homicide (IC 35-42-1-5);
(ii) battery (IC 35-42-2-1) as a Class C or D felony;
(iii) criminal confinement (IC 35-42-3-3) as a Class C or
D felony;
(iv) arson (IC 35-43-1-1) as a Class C or D felony;
(v) a felony involving a weapon under IC 35-47 or
IC 35-47.5 as a Class C or D felony;
(vi) a felony relating to controlled substances under
IC 35-48-4 as a Class C or D felony; or
(vii) a felony that is substantially equivalent to a felony
listed in items (i) through (vi) for which the conviction
was entered in another state; and
(2) the court makes a written finding that the person's
commission of the offense, delinquent act, or act of abuse or
neglect described in subdivision (1) is not relevant to the
person's present ability to care for a child, and that approval of
the permanency plan is in the best interest of the child.
However, a court may not approve a permanency plan if the person
has been convicted of a felony listed in IC 12-17.4-4-11 that is not
specifically excluded under subdivision (1)(B), or has a juvenile
adjudication for an act that would be a felony listed in
IC 12-17.4-4-11 if committed by an adult that is not specifically
excluded under subdivision (1)(B).
(e) In making its written finding under subsection (d), the court
shall consider the following:
(1) The length of time since the person committed the offense,
delinquent act, or act that resulted in the substantiated report of
abuse or neglect.
(2) The severity of the offense, delinquent act, or abuse or
neglect.
(3) Evidence of the person's rehabilitation, including the
person's cooperation with a treatment plan, if applicable.
As added by P.L.35-1998, SEC.18. Amended by P.L.70-2004,
SEC.23; P.L.234-2005, SEC.184.
Last modified: May 24, 2006