Indiana Code

Ind. Code § 31-34-19-2 (2026)

Admissibility of reports

✓ current as of May 2026
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     Sec. 2. (a) Any predispositional report may be admitted into evidence to the extent that the report contains evidence of probative value even if the report would otherwise be excluded.

     (b) If a report contains information that should not be released to the child or the child's parent, guardian, or custodian, a factual summary of the report may be admitted.

     (c) The:

(1) child;

(2) child's parent, guardian, or custodian;

(3) person representing the interests of the state; and

(4) foster parent or other caretaker who is entitled to notice of the dispositional hearing under section 1.3 of this chapter;

shall be given a fair opportunity to controvert any part of the report admitted into evidence.

[Pre-1997 Recodification Citation: 31-6-4-15.3(b) part.]

As added by P.L.1-1997, SEC.17. Amended by P.L.138-2007, SEC.73.

 

Notes of Decisions
Cited in 4 cases, 2011–2017 · leading case: In the Matter of K.D. & K.S. S.S. v. The Indiana Dept. of Child Servs. & Child Advocates, Inc., 962 N.E.2d 1249 (Ind. 2012).
In the Matter of K.D. & K.S. S.S. v. The Indiana Dept. of Child Servs. & Child Advocates, Inc., 962 N.E.2d 1249 (Ind. 2012). · cites it 2× “” Ind.Code § 31-34-19-2(a). The contested fact-finding hearing held by the juvenile court in the present case did not afford Stepfather the same due process as he would have received in a contested fact-finding hearing.”
In Re Kd, 942 N.E.2d 894 (Ind. Ct. App. 2011). · cites it 2× “1990) (hearsay inadmissible at factfinding hearing); Ind.Code § 31-34-19-2 (DCS's predispositional report admissible at dispositional hearing to the extent that the report contains evidence of probative value even if the report would otherwise be excluded); C.”
In the Matter of R.J., A Minor Child, A Child in Need Of Servs., S.E. v. The Indiana Dep't of Child Servcies (mem. dec.) (Ind. Ct. App. 2017). · cites it 2× “§ 31-37-21-3(a) (governing reports prepared for review or modification hearings)”). [25] DCS’s December 21, 2016 Motion to Modify Dispositional Decree referenced the modification report filed on December 15, 2016, which in turn referenced any “Predispositional Report/Progress…”
In the Matter of: M.W., Minor Child, A Child in Need of Servs., E.W., Father v. Indiana Dep't of Child Servs. (Ind. Ct. App. 2013). · cites it 2× “”); Ind. Code § 31-34-19-2 (“Any predispositional report may be admitted into evidence to the extent that the report contains evidence of probative value even if the report would otherwise be excluded.”
Ind. Code § 31-34-19-2(a): 1 case
In the Matter of K.D. & K.S. S.S. v. The Indiana Dept. of Child Servs. & Child Advocates, Inc., 962 N.E.2d 1249 (Ind. 2012). “” Ind.Code § 31-34-19-2(a). The contested fact-finding hearing held by the juvenile court in the present case did not afford Stepfather the same due process as he would have received in a contested fact-finding hearing.”
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