Determining the Best Interests of the Child - Indiana

Date: September 2023

Guiding Principles

This issue is not addressed in the statutes reviewed.

 Best Interests Factors

Citation: Ann. Code § 31-34-19-6 

If consistent with the safety of the community and the best interests of the child, the juvenile court shall enter a dispositional decree that meets the following criteria:

  • Is in the least restrictive (most family-like) and most appropriate setting available
  • Is close to the parents' home, consistent with the best interests and special needs of the child
  • Interferes least with family autonomy
  • Is least disruptive of family life
  • Imposes the least restraint on the freedom of the child and the child's parent, guardian, or custodian
  • Provides a reasonable opportunity for participation by the child's parent, guardian, or custodian
  • Provides a reasonable opportunity for the child's parent who is incarcerated and has maintained a meaningful role in the child's life to maintain a relationship with the child

Other Considerations

Citation: Ann. Code §§ 31-34-4-8; 31-34-19-6

If a child is placed in a temporary out-of-home placement in a location in which a sibling of the child resides, the Department of Child Services shall, before changing the placement of the child, consider whether separating the child from the child's sibling is in the child's best interests.

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:

  • The court shall determine whether reunifying the child with the parent, guardian, or custodian will result in separation of the child from their sibling.
  • If the court determines that reunifying the child with the parent, guardian, or custodian will result in separation of the child from their sibling, the court shall consider whether separating the child from their sibling is in the child's best interests.

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