CHAPTER 8. COMMITMENT OF A CHILD
IC 12-26-8
Chapter 8. Commitment of a Child
IC 12-26-8-1
Appointment of advocate or guardian; persons authorized to beappointed as advocate; representation and protection of child'sbest interests
Sec. 1. (a) A juvenile court that conducts a proceeding under thisarticle shall appoint a court appointed special advocate, a guardianad litem, or both for the child before the court begins a proceedingunder this article.
(b) An advocate is not required to be an attorney.
(c) An attorney representing the child may be appointed as thechild's advocate.
(d) The court may not appoint any of the following to be a child'sadvocate:
(1) A party to the proceeding.
(2) An employee of a party to the proceeding.
(3) A representative of a party to the proceeding.
(e) An advocate shall represent and protect the best interests ofthe child.
As added by P.L.2-1992, SEC.20.
IC 12-26-8-2
Advocate; officer of juvenile court
Sec. 2. A child's advocate is an officer of the juvenile court for thepurpose of representing the child's interests.
As added by P.L.2-1992, SEC.20.
IC 12-26-8-3
Representation of advocate by counsel; appointment of counsel
Sec. 3. (a) A child's advocate may be represented by an attorney.
(b) If necessary to protect the child's interests, the juvenile courtmay appoint an attorney to represent an advocate of a child. Thecourt may appoint only one (1) attorney under this subsection.
As added by P.L.2-1992, SEC.20.
IC 12-26-8-4
Commitment of child; review by advocate; assistance provided byfacility superintendent
Sec. 4. (a) Within thirty (30) days after a child is first committedto a facility by a juvenile court, the child's advocate shall do all of thefollowing:
(1) Visit the facility.
(2) Evaluate the services delivered to the child.
(3) Evaluate whether the commitment continues to beappropriate for the child.
(b) The child's advocate shall conduct a review similar to thatrequired under subsection (a):
(1) sixty (60) days after the child is first committed; (2) six (6) months after the child is first committed; and
(3) every six (6) months after the review required bysubdivision (2).
(c) The superintendent of the facility shall provide necessaryassistance to carry out the reviews required by this section.
As added by P.L.2-1992, SEC.20.
IC 12-26-8-5
Advocate reviews; report; recipients of report
Sec. 5. The child's advocate shall submit a report of each reviewrequired by section 4 of this chapter to all of the following:
(1) The committing juvenile court.
(2) The superintendent of the facility.
(3) A county office that has wardship of the child.
(4) Each party to the commitment proceeding.
As added by P.L.2-1992, SEC.20. Amended by P.L.4-1993, SEC.204;P.L.5-1993, SEC.217.
IC 12-26-8-6
Advocate; access to reports relevant to child; confidential reports
Sec. 6. (a) A child's advocate shall be given access to all reportsrelevant to the child.
(b) IC 31-39-2 applies to the release of reports that areconfidential under IC 31-39-1.
As added by P.L.2-1992, SEC.20. Amended by P.L.1-1997, SEC.87.
IC 12-26-8-7
Payment of fees to be made under IC 31-6-4-18
Sec. 7. Payment of any fees shall be made under IC 31-40.
As added by P.L.2-1992, SEC.20. Amended by P.L.1-1997, SEC.88.
IC 12-26-8-8
Obligations of county offices to children under custody orsupervision committed to state institutions
Sec. 8. If a child under the custody or supervision of a countyoffice is committed to a state institution, the court may not releasethe county office from the county office's obligations to the childunless the court appoints a guardian for the child under IC 12-26-16.
As added by P.L.2-1992, SEC.20. Amended by P.L.4-1993, SEC.205;P.L.5-1993, SEC.218.
IC 12-26-8-9
Progress reports; case reviews
Sec. 9. A juvenile court that commits a child under this articleshall require the department of child services for a child who is achild in need of services or the probation department for the court toreport to the court on the progress made in implementing thecommitment at least every six (6) months. If the committed child isa child in need of services, the department of child services shallperform case reviews of the child's commitment under IC 31-34-21.As added by P.L.2-1992, SEC.20. Amended by P.L.4-1993, SEC.206;P.L.5-1993, SEC.219; P.L.1-1997, SEC.89; P.L.146-2008, SEC.417.