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Ind. Code § 31-34-21-5.5

Reasonable efforts to preserve and reunify families

Applied in 5 court decisions — leading case Termination of Parent-Child Relationship of A.P. v. Porter County Office of Family & Children (2000)

Most recently applied in In re the Matter of: R.H. (Minor Child) and T.H. (Mother) v. The Ind. Dept. of Child Services (May 2016)

As added by P.L.35-1998, SEC.12

How often courts cite this section

20002010201620
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

Sec. 5.5. (a) In determining the extent to which reasonable efforts to reunify or preserve a family are appropriate under this chapter, the child's health, welfare, and safety are of paramount concern.

(b) Except as provided in section 5.6 of this chapter, the department shall make reasonable efforts to preserve and reunify families as follows:

(1) If a child has not been removed from the child's home, to prevent or eliminate the need for removing the child from the child's home.

(2) If a child has been removed from the child's home, to make it possible for the child to return safely to the child's home as soon as possible.

(c) The department may, before reunification of the child with a parent, guardian, or custodian, conduct a criminal history check (as defined in IC 31-9-2-22.5) of:

(1) the child's:

(A) parent;

(B) guardian; or

(C) custodian; and

(2) any household member of the:

(A) parent;

(B) guardian; or

(C) custodian.

(d) The department shall:

(1) use the results of a criminal history check conducted under subsection (c) to decide whether it is safe for the child to return home; and

(2) provide the results of the criminal history check to the court.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.