Sec. 3. (a) Family preservation services may provide: (1) comprehensive, coordinated, flexible, and accessible services; (2) intervention as early as possible with emphasis on establishing a safe and nurturing environment; (3) services to families who have members placed in care settings outside the nuclear family; and (4) planning options for temporary placement outside the family if it would endanger the child to remain in the home. (b) Unless authorized by a juvenile court, family preservation services may not include a temporary out-of-home placement if a person who is currently residing in the location designated as the out-of-home placement has committed an act resulting in a substantiated report of child abuse or neglect or has a juvenile adjudication or a conviction for a nonwaivable offense, as defined in IC 31-9-2-84.8 . (c) Before placing a child at imminent risk of placement in a temporary out-of-home placement, the department shall conduct a criminal history check (as defined in IC 31-9-2-22.5 ) for each person described in subsection (b). However, the department is not required to conduct a criminal history check under this section if the temporary out-of-home placement is made to an entity or facility that is not a residence (as defined in IC 3-5-2.1-90 ) or that is licensed by the state.
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