(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:(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 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.
Indiana Legal Code