Dispositional decree placing child in a household with certain
individuals prohibited; exceptions
Sec. 6.5. (a) Except as provided in subsection (c), the juvenile
court may not enter a dispositional decree placing a child in another
home under section 1(3) or 6(b)(2)(D) of this chapter or awarding
wardship to the county office of family and children that results in a
placement with a person under section 1(4) or 6(b)(2)(E) of this
chapter if a person who is:
(1) currently residing in the home in which the child would be
placed under section 1(3), 1(4), 6(b)(2)(D), or 6(b)(2)(E) of this
chapter; or
(2) reasonably expected to be residing in the home in which the
child would be placed under section 1(3), 1(4), 6(b)(2)(D), or
6(b)(2)(E) of this chapter during the time the child would be
placed in the home;
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)(1) or (a)(2) 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 31-37-17-6.1 establishes
whether a person described in subsection (a)(1) or (a)(2) 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) The juvenile court may enter a dispositional decree placing a
child in another home under section 1(3) or 6(b)(2)(D) of this chapter
or awarding wardship to the county office of family and children that
results in a placement with a person under section 1(4) or 6(b)(2)(E)
of this chapter if:
(1) a person described in subsection (a)(1) or (a)(2) 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 entry of a
dispositional decree placing the child in another home is in the
best interest of the child.
However, a court may not enter a dispositional decree placing a child
in another home under section 1(3) or 6(b)(2)(D) of this chapter or
awarding wardship to the county office of family and children 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).
(d) In making its written finding under subsection (c), 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.70-2004, SEC.27. Amended by P.L.234-2005,
SEC.187.
Last modified: May 24, 2006