Section 31-34-23-6 - Notice and hearing requirements; change in out-of-home placement(a) Except as provided in section 3 of this chapter, before changing a child's out-of-home placement, the department shall file a motion requesting a change in placement if the child: (1) has been in the same out-of-home placement for at least one (1) year; and(2) is in: (A) a foster family home; or(B) the care of a relative.(b) The person with whom the child is placed may:(1) indicate in writing that the person:(A) does not intend to contest the change of placement under subsection (a); and(B) waives the right to request a hearing under subsection (f); and(2) provide the writing to: (c) If the department files the motion described in subsection (a), the department shall give notice to all persons affected. The department's notice must state that the person affected may file a written objection not later than ten (10) days after service of the department's notice.(d) If a writing described in subsection (b)(1) is provided to the department before the department files the motion described in subsection (a), the department may file the writing with the motion requesting a change in placement.(e) If the court receives the writing described in subsection (b), the court may rule on the department's motion without delay.(f) If the person affected files a timely objection to the department's motion requesting a change in out-of-home placement, the juvenile court shall hold a hearing on the question.(g) The department must show that the change in out-of-home placement is in the best interests of the child.Amended by P.L. 105-2022,SEC. 46, eff. 7/1/2022.Added by P.L. 172-2022,SEC. 12, eff. 7/1/2022.