Sec. 6. (a) If consistent with the safety of the community and the best interest of the child, the juvenile court shall enter a dispositional decree that:

(1) is:

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Terms Used In Indiana Code 31-34-19-6

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
(A) in the least restrictive (most family like) and most appropriate setting available; and

(B) close to the parents’ home, consistent with the best interest and special needs of the child;

(2) least interferes with family autonomy;

(3) is least disruptive of family life;

(4) imposes the least restraint on the freedom of the child and the child’s parent, guardian, or custodian;

(5) provides a reasonable opportunity for participation by the child’s parent, guardian, or custodian; and

(6) provides a reasonable opportunity for the child’s parent who:

(A) is incarcerated; and

(B) has maintained a meaningful role in the child’s life;

to maintain a relationship with the child.

     (b) In determining whether reunification of a child with a parent, guardian, or custodian from whom the child has been removed is in the child’s best interest, a court shall do the following:

(1) The court shall determine whether reunifying the child with the parent, guardian, or custodian will result in separation of the child from a sibling of the child.

(2) If the court determines under subdivision (1) that reunifying the child with the parent, guardian, or custodian will result in separation of the child from a sibling of the child, the court shall consider whether separating the child from the child’s sibling is in the child’s best interest.

[Pre-1997 Recodification Citation: 31-6-4-15.3(e) part.]

As added by P.L.1-1997, SEC.17. Amended by P.L.55-1997, SEC.22; P.L.258-2019, SEC.2; P.L.65-2023, SEC.2.