Placement in household with certain individuals prohibited;
exceptions; criminal history checks
Sec. 1.5. (a) Except as provided in subsection (d) the juvenile
court may not enter a dispositional decree placing a child in another
home under section 1(3) of this chapter or awarding wardship to a
county office of family and children that will place the child with a
person under section 1(4) 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) or 1(4) of this chapter; or
(2) reasonably expected to be residing in the home in which the
child would be placed under section 1(3) or 1(4) 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 31-34-4-2 or IC 31-34-18-6.1
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) A probation officer or caseworker is not required to conduct
a criminal history check under this section if:
(1) the probation officer or caseworker is considering only an
out-of-home placement to an entity or a facility that:
(A) is not a residence (as defined in IC 3-5-2-42.5); or
(B) is licensed by the state; or
(2) placement under this section is undetermined at the time the
predispositional report is prepared.
(d) A court may enter a dispositional decree placing a child in
another home or award wardship to a county office of family and
children 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 the
dispositional decree placing a child in another home or
awarding wardship to a county office of family and children is
in the best interest of the child.
However, a court may not enter a dispositional decree placing a child
in another home or award wardship to a 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 (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.70-2004, SEC.22. Amended by P.L.234-2005,
SEC.183.
Last modified: May 24, 2006