Sec. 3. (a) Except as provided in subsection (b), before changing the out-of-home placement of a child who has been in the same out-of-home placement for at least one (1) year, the department must file a motion requesting a change in placement. Upon filing the motion, the department shall give notice to the persons affected. The notice must state that the person with whom the child is placed may file a written objection to the motion to change out-of-home placement not later than fifteen (15) days after receipt that requests a hearing on the question. If an objection is timely filed, the juvenile court shall hold a hearing on the question. The department must show that the change in out-of-home placement is in the best interests of the child.
(b) If the department determines that the out-of-home placement of a child is placing the child's life or health in imminent danger, the department shall either:
(1) change the placement of the child and file an emergency motion with the court; or
(2) request the court to issue a temporary order for an emergency change in the child's residence.
If the department requests an emergency change in the child's residence, the court may issue a temporary order. However, the department shall then give notice to the persons affected and the juvenile court shall hold a hearing on the question.
(c) If the motion requests any other modification, the department shall give notice to the persons affected, and the juvenile court shall hold a hearing on the question.
[Pre-1997 Recodification Citation: 31-6-7-16(b) part.]
As added by P.L.1-1997, SEC.17. Amended by P.L.146-2008, SEC.612; P.L.119-2018, SEC.1.
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