Ind. Code » Title 31
Indiana Code

Ind. Code § 31-33-8-7 (2026)

Scope of assessment by department of child services; order for access to home, school, or other place, or for mental or physical examinations; petition to interview child; order; requirements

✓ current as of May 2026
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     Sec. 7. (a) The department's assessment, to the extent that is reasonably possible, must include the following:

(1) The nature, extent, and cause of the known or suspected child abuse or neglect.

(2) The identity of the person allegedly responsible for the child abuse or neglect.

(3) The names and conditions of other children in the home.

(4) An evaluation of the parent, guardian, custodian, or person responsible for the care of the child.

(5) The home environment and the relationship of the child to the parent, guardian, or custodian or other persons responsible for the child's care.

(6) All other data considered pertinent.

     (b) The assessment may include the following:

(1) A visit to the child's home.

(2) An interview with the subject child:

(A) upon receiving parental consent;

(B) upon receiving a court order; or

(C) if there are exigent circumstances as defined by IC 31-9-2-44.1.

(3) A physical, psychological, or psychiatric examination of any child in the home.

     (c) If:

(1) admission to the home, the school, or any other place that the child may be; or

(2) permission of the parent, guardian, custodian, or other persons responsible for the child for the physical, psychological, or psychiatric examination;

under subsection (b) cannot be obtained, the juvenile court, upon good cause shown, shall follow the procedures under IC 31-32-12.

     (d) If a custodial parent, a guardian, or a custodian of a child refuses to allow the department to interview the child after the caseworker has attempted to obtain the consent of the custodial parent, guardian, or custodian to interview the child, the department may petition a court to order the custodial parent, guardian, or custodian to make the child available to be interviewed by the caseworker.

     (e) If the court finds that:

(1) a custodial parent, a guardian, or a custodian has been informed of the hearing on a petition described under subsection (d); and

(2) the department has made reasonable and unsuccessful efforts to obtain the consent of the custodial parent, guardian, or custodian to interview the child;

the court shall specify in the order the efforts the department made to obtain the consent of the custodial parent, guardian, or custodian and may grant the motion to interview the child, either with or without the custodial parent, guardian, or custodian being present.

     (f) If the department requests to interview a child at the child's school, the school, except a nonaccredited nonpublic school that has less than one (1) employee, shall grant access to the department to interview the child alone, if the department employee presents:

(1) their credentials as a department case worker, or other proof of employment with the department, for inspection upon arrival at the school; and

(2) a written statement that the department "has parental consent or a court order, or exigent circumstances exist as defined by IC 31-9-2-44.1 to interview [insert child's name]". The written statement under this subdivision shall not disclose any of the facts of the allegations or evidence and may be transmitted to the school electronically.

     (g) If the department provides a written statement under subsection (f)(2), the school shall:

(1) not maintain the written statement in the child's file; and

(2) protect the child and the child's family's confidentiality regarding the written statement and the interview.

     (h) If a parent, guardian, or custodian of a child who is the subject of a substantiated investigation of abuse or neglect is an active duty member of the military, the department shall notify the United States Department of Defense Family Advocacy Program of the assessment concerning the child of the active duty member of the military upon request.

[Pre-1997 Recodification Citation: 31-6-11-11(h).]

As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005, SEC.122; P.L.131-2009, SEC.46; P.L.162-2011, SEC.45; P.L.81-2016, SEC.2; P.L.183-2017, SEC.37; P.L.213-2021, SEC.2.

 

Notes of Decisions
Cited in 7 cases (2 in the last 5 years), 2012–2024 · leading case: In the Matter of F.S., T.W., M.F., & B.F. (Minor Child.) v. Ind. Dept. of Child Servs. for Crawford Cnty., 53 N.E.3d 582 (Ind. Ct. App. 2016).
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In the Matter of F.S., T.W., M.F., & B.F. (Minor Child.) v. Ind. Dept. of Child Servs. for Crawford Cnty., 53 N.E.3d 582 (Ind. Ct. App. 2016). · cites it 40× “At the conclusion of the hearing, Mother’s counsel stated to the court her position supporting the refusal: *588 First of all, I’ve already mentioned the statute [Ind.Code § 31-33-8-7] itself. It just says the Court may [grant the motion to interview the child].”
In the Matter of G.W. (Minor Child) A.W. (Mother) & J.W. (Stepfather) v. The Indiana Dept. of Child Servs., 977 N.E.2d 381 (Ind. Ct. App. 2012). · cites it 50× “Mother argues that Indiana Code 31-33-8-7 is clear about what must be included in an assessment and what may be included in an assessment.”
In Re: The Matter of A.H., & S.H., Minor Child., V.H., Mother v. Indiana Dep't of Child Servs., 992 N.E.2d 960 (Ind. Ct. App. 2013). · cites it 51× “Mother, by counsel, agreed that Ind. Code § 31-33-8-7 permitted an assessment which included an interview of the children.”
J R v. Indiana Dep't of Child Servs. (Ind. Ct. App. 2024). · cites it 4× “Code § 31-33-8-12 ; see also Ind. Code § 31-33-8-7 (discussing the requirements for the assessment).”
In the Matter of: E.W., J.F., & A.W. (Minor Child.) & S.W. (Mother), & C.T. (Father) v. The Indiana Dep't of Child Servs., & Child Advocates, Inc. (mem. dec.) (Ind. Ct. App. 2020). · cites it 2× “I.C. § 31-33-8-7. In addition, a copy of the Motion to Compel filed by Court of Appeals of Indiana | Memorandum Decision 19A-JC-1881 | February 14, 2020 Page 12 of 27 FCM Tucker is not part of the Record on Appeal.”
In re the Matter of L.D., E.Z, & C.Z. (Minor Child.) & B.Z. (Father) v. Indiana Dep't of Child Servs. (mem. dec.) (Ind. Ct. App. 2020). · cites it 2× “Moreover, after reviewing the record, it is reasonable to infer that Mother allowed the family case manager to interview L.”
C K v. State of Indiana (Ind. Ct. App. 2024). · cites it 2× “[6] On September 22, 2023, DCS filed a verified motion pursuant to Indiana Code section 31-33-8-7 to compel C.K. to make the child available for an interview and otherwise cooperate with DCS.”
Ind. Code § 31-33-8-7(a): 1 case
In Re: The Matter of A.H., & S.H., Minor Child., V.H., Mother v. Indiana Dep't of Child Servs., 992 N.E.2d 960 (Ind. Ct. App. 2013). “Mother, by counsel, agreed that Ind. Code § 31-33-8-7 permitted an assessment which included an interview of the children.”
Ind. Code § 31-33-8-7(a)(3): 1 case
In the Matter of G.W. (Minor Child) A.W. (Mother) & J.W. (Stepfather) v. The Indiana Dept. of Child Servs., 977 N.E.2d 381 (Ind. Ct. App. 2012). “Mother argues that Indiana Code 31-33-8-7 is clear about what must be included in an assessment and what may be included in an assessment.”
Ind. Code § 31-33-8-7(b): 1 case
In the Matter of G.W. (Minor Child) A.W. (Mother) & J.W. (Stepfather) v. The Indiana Dept. of Child Servs., 977 N.E.2d 381 (Ind. Ct. App. 2012). “Mother argues that Indiana Code 31-33-8-7 is clear about what must be included in an assessment and what may be included in an assessment.”
Ind. Code § 31-33-8-7(b)(2): 2 cases
In the Matter of F.S., T.W., M.F., & B.F. (Minor Child.) v. Ind. Dept. of Child Servs. for Crawford Cnty., 53 N.E.3d 582 (Ind. Ct. App. 2016). “At the conclusion of the hearing, Mother’s counsel stated to the court her position supporting the refusal: *588 First of all, I’ve already mentioned the statute [Ind.Code § 31-33-8-7] itself. It just says the Court may [grant the motion to interview the child].”
In re the Matter of L.D., E.Z, & C.Z. (Minor Child.) & B.Z. (Father) v. Indiana Dep't of Child Servs. (mem. dec.) (Ind. Ct. App. 2020). “Moreover, after reviewing the record, it is reasonable to infer that Mother allowed the family case manager to interview L.”
Ind. Code § 31-33-8-7(b)(3): 1 case
In the Matter of G.W. (Minor Child) A.W. (Mother) & J.W. (Stepfather) v. The Indiana Dept. of Child Servs., 977 N.E.2d 381 (Ind. Ct. App. 2012). “Mother argues that Indiana Code 31-33-8-7 is clear about what must be included in an assessment and what may be included in an assessment.”
Ind. Code § 31-33-8-7(c)(2): 1 case
In the Matter of G.W. (Minor Child) A.W. (Mother) & J.W. (Stepfather) v. The Indiana Dept. of Child Servs., 977 N.E.2d 381 (Ind. Ct. App. 2012). “Mother argues that Indiana Code 31-33-8-7 is clear about what must be included in an assessment and what may be included in an assessment.”
Ind. Code § 31-33-8-7(d): 3 cases
In the Matter of F.S., T.W., M.F., & B.F. (Minor Child.) v. Ind. Dept. of Child Servs. for Crawford Cnty., 53 N.E.3d 582 (Ind. Ct. App. 2016). “At the conclusion of the hearing, Mother’s counsel stated to the court her position supporting the refusal: *588 First of all, I’ve already mentioned the statute [Ind.Code § 31-33-8-7] itself. It just says the Court may [grant the motion to interview the child].”
In Re: The Matter of A.H., & S.H., Minor Child., V.H., Mother v. Indiana Dep't of Child Servs., 992 N.E.2d 960 (Ind. Ct. App. 2013). “Mother, by counsel, agreed that Ind. Code § 31-33-8-7 permitted an assessment which included an interview of the children.”
In the Matter of G.W. (Minor Child) A.W. (Mother) & J.W. (Stepfather) v. The Indiana Dept. of Child Servs., 977 N.E.2d 381 (Ind. Ct. App. 2012). “Mother argues that Indiana Code 31-33-8-7 is clear about what must be included in an assessment and what may be included in an assessment.”
Ind. Code § 31-33-8-7(e): 3 cases
In the Matter of F.S., T.W., M.F., & B.F. (Minor Child.) v. Ind. Dept. of Child Servs. for Crawford Cnty., 53 N.E.3d 582 (Ind. Ct. App. 2016). “At the conclusion of the hearing, Mother’s counsel stated to the court her position supporting the refusal: *588 First of all, I’ve already mentioned the statute [Ind.Code § 31-33-8-7] itself. It just says the Court may [grant the motion to interview the child].”
In the Matter of G.W. (Minor Child) A.W. (Mother) & J.W. (Stepfather) v. The Indiana Dept. of Child Servs., 977 N.E.2d 381 (Ind. Ct. App. 2012). “Mother argues that Indiana Code 31-33-8-7 is clear about what must be included in an assessment and what may be included in an assessment.”
In Re: The Matter of A.H., & S.H., Minor Child., V.H., Mother v. Indiana Dep't of Child Servs., 992 N.E.2d 960 (Ind. Ct. App. 2013). “Mother, by counsel, agreed that Ind. Code § 31-33-8-7 permitted an assessment which included an interview of the children.”
Ind. Code § 31-33-8-7(e)(l): 1 case
In the Matter of F.S., T.W., M.F., & B.F. (Minor Child.) v. Ind. Dept. of Child Servs. for Crawford Cnty., 53 N.E.3d 582 (Ind. Ct. App. 2016). “At the conclusion of the hearing, Mother’s counsel stated to the court her position supporting the refusal: *588 First of all, I’ve already mentioned the statute [Ind.Code § 31-33-8-7] itself. It just says the Court may [grant the motion to interview the child].”
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