Placement of child with relative caretaker; criminal history check
required; exceptions
Sec. 2. (a) If a child alleged to be a child in need of services is
taken into custody under an order of the court under this chapter, the
court shall consider placing the child with a suitable and willing
blood or adoptive relative caretaker, including a grandparent, an
aunt, an uncle, or an adult sibling, before considering any other
out-of-home placement.
(b) Before placing a child in need of services with a blood relative
or an adoptive relative caretaker, the court may order the division of
family resources to:
(1) complete a home study of the relative's home; and
(2) provide the court with a placement recommendation.
(c) Except as provided in subsection (e), before placing a child in
need of services in an out-of-home placement, including placement
with a blood or an adoptive relative caretaker, the court shall order
the division of family resources to conduct a criminal history check
(as defined in IC 31-9-2-22.5) of each person who is:
(1) currently residing in the location designated as the
out-of-home placement; or
(2) in the reasonable belief of the division of family resources,
expected to be residing in the location designated as the
out-of-home placement during the time the child would be
placed in the location.
(d) Except as provided in subsection (f), a court may not order an
out-of-home placement if a person described in subsection (c)(1) or
(c)(2) has:
(1) committed an act resulting in a substantiated report of child
abuse or neglect; or
(2) been convicted of a felony listed in IC 12-17.4-4-11 or had
a juvenile adjudication for an act that would be a felony listed
in IC 12-17.4-4-11 if committed by an adult.
(e) The court is not required to order the division of family
resources to conduct a criminal history check under subsection (c) if
the court orders an out-of-home placement to an entity or a facility
that is not a residence (as defined in IC 3-5-2-42.5) or that is licensed
by the state.
(f) A court may order an out-of-home placement if:
(1) a person described in subsection (c)(1) or (c)(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
placement is in the best interest of the child.
However, a court may not order an out-of-home placement 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).
(g) In making its written finding under subsection (f), the court
shall consider the following:
(1) The length of time since the person committed the offense,
delinquent act, or 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.1-1997, SEC.17. Amended by P.L.70-2004, SEC.18;
P.L.234-2005, SEC.176.
Last modified: May 24, 2006