Sec. 1. (a) Upon finding that a child is a delinquent child, the juvenile court shall order a probation officer to prepare a predispositional report that contains:

(1) a statement of the needs of the child for care, treatment, rehabilitation, or placement;

criminal case

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Terms Used In Indiana Code 31-37-17-1

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • Defense attorney: Represent defendants in criminal matters.
  • 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.
  • juvenile: as used in this article means any person who is a minor under the law of the state of residence of the parent, guardian, person or agency entitled to the legal custody of such minor. See Indiana Code 31-37-23-1
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
(2) a recommendation for the care, treatment, rehabilitation, or placement of the child;

(3) if the recommendation includes an out-of-home placement other than a secure detention facility, information that the department requires to determine whether the child is eligible for assistance under Title IV-E of the federal Social Security Act (42 U.S.C. § 670 et seq.);

(4) a statement of the department’s concurrence with or its alternative proposal to the probation officer’s predispositional report, as provided in section 1.4 of this chapter;

(5) a statement of whether the child receives Medicaid; and

(6) the results of the validated risk and needs assessment tool the probation officer conducted on the child.

If the juvenile court waives the preparation of a predispositional report under this section, the results of the validated risk and needs assessment tool shall still be provided to the juvenile court and any legal party to the case.

     (b) Any of the following may prepare an alternative report for consideration by the court:

(1) The child.

(2) The child’s:

(A) parent;

(B) guardian;

(C) guardian ad litem;

(D) court appointed special advocate; or

(E) custodian.

     (c) The results of the predispositional report compiled under subsection (a) shall, as soon as practicable, be shared with:

(1) the juvenile court;

(2) the prosecuting attorney;

(3) the defense attorney; and

(4) any other party to the case;

to ensure that the safety and best interest of the child and the community are addressed.

     (d) The juvenile court shall make a written finding that includes the results of the risk and needs assessment if the court orders an out-of-home placement.

[Pre-1997 Recodification Citation: 31-6-4-15(a) part.]

As added by P.L.1-1997, SEC.20. Amended by P.L.55-1997, SEC.25; P.L.146-2008, SEC.637; P.L.114-2009, SEC.2; P.L.131-2009, SEC.68; P.L.1-2010, SEC.127; P.L.101-2022, SEC.23.

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