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Ind. Code § 31-37-17-4

Recommendation on care, treatment, rehabilitation, or placement; risk assessment and needs assessment

Applied in 1 court decision — leading case E.M.W. v. State (2002)

Most recently applied in E.M.W. v. State (February 2002)

As added by P.L.1-1997, SEC.20

Sec. 4. (a) If consistent with the safety and best interest of the child and the community, the probation officer preparing the report shall recommend care, treatment, rehabilitation, or placement that:

(1) is based on the results of a validated risk and needs assessment tool;

(2) is:

(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;

(3) least interferes with family autonomy;

(4) is least disruptive of family life;

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

(6) provides a reasonable opportunity for participation by the child's parent, guardian, or custodian.

(b) If the report recommends a placement or services for which the department will be responsible for payment under IC 31-40-1, the report must include a risk assessment and needs assessment for the child. The probation officer shall submit to the department a copy of the report and the financial report prepared by the probation officer.

(c) If the report does not include the:

(1) risk assessment and needs assessment required in subsection (b); or

(2) information required to be provided under section 1(a)(3) of this chapter;

the department shall file a notice with the office of judicial administration.

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