IC 31-34-10
    Chapter 10. Initial Hearing on Child in Need of Services Petitionand Issuance of Summons

IC 31-34-10-1
Application of chapter
    Sec. 1. This chapter applies only to a child alleged to be a child inneed of services.
As added by P.L.1-1997, SEC.17.

IC 31-34-10-2
Initial hearing; service of copy of petition and summons; scheduleof initial hearing; notice; petition alleging a child is a child in needof services; additional initial hearings
    Sec. 2. (a) The juvenile court shall hold an initial hearing on eachpetition.
    (b) The juvenile court shall set a time for the initial hearing. Asummons shall be issued for the following:
        (1) The child.
        (2) The child's parent, guardian, custodian, guardian ad litem,or court appointed special advocate.
        (3) Any other person necessary for the proceedings.
    (c) A copy of the petition must accompany each summons. Theclerk shall issue the summons under Rule 4 of the Indiana Rules ofTrial Procedure.
    (d) If the initial hearing is not scheduled and held within thespecified time as described in this section, the child shall be releasedto the child's parent, guardian, or custodian.
    (e) The court may schedule an additional initial hearing on thechild in need of services petition if necessary to comply with theprocedures and requirements of this chapter with respect to anyperson to whom a summons has been issued under this section.
    (f) An additional initial hearing on the child in need of servicespetition shall be held not more than thirty (30) calendar days after thedate of the first initial hearing on the child in need of servicespetition, unless the court has:
        (1) granted an extension of time for extraordinarycircumstances; and
        (2) stated the extraordinary circumstance in a written courtorder.
    (g) The department shall provide notice of the date, time, place,and purpose of the initial hearing and any additional initial hearingscheduled under this section to each foster parent or other caretakerwith whom the child has been temporarily placed under IC 31-34-2.5,IC 31-34-4, or IC 31-34-5. The court shall:
        (1) provide a:
            (A) person for whom a summons is required to be issuedunder subsection (b); and
            (B) person who is required to be notified under thissubsection;        an opportunity to be heard; and
        (2) allow a person described in subdivision (1) to makerecommendations to the court;
at the initial hearing.
    (h) A petition alleging that a child is a child in need of servicesshall be filed before a detention hearing concerning the child is held.
    (i) If a detention hearing is held under IC 31-34-5, the initialhearing on the child in need of services petition shall be held at thesame time as the detention hearing.
    (j) The court may schedule an additional initial hearing on a childin need of services petition if necessary to comply with theprocedures and requirements of this chapter with respect to anyperson to whom a summons has been issued under this section.
    (k) An additional initial hearing under subsection (j) shall be heldnot more than thirty (30) calendar days after the date of the firstinitial hearing on the child in need of services petition unless thecourt:
        (1) grants an extension of time for extraordinary circumstances;and
        (2) states the extraordinary circumstance in a written courtorder.
As added by P.L.1-1997, SEC.17. Amended by P.L.133-2000, SEC.4;P.L.217-2001, SEC.8; P.L.129-2005, SEC.7; P.L.138-2007, SEC.70;P.L.131-2009, SEC.62.

IC 31-34-10-2.5
Repealed
    (Repealed by P.L.217-2001, SEC.16.)

IC 31-34-10-3
Appointment of guardian ad litem or court appointed specialadvocate
    Sec. 3. Before complying with the other requirements of thischapter, the juvenile court shall first determine whether the followingconditions make it appropriate to appoint a guardian ad litem or acourt appointed special advocate, or both, for the child:
        (1) If the child is alleged to be a child in need of services:
            (A) under IC 31-34-1-6;
            (B) under IC 31-34-1-10 or IC 31-34-1-11;
            (C) due to the inability, refusal, or neglect of the child'sparent, guardian, or custodian to supply the child with thenecessary medical care; or
            (D) because the location of both of the child's parents isunknown;
        the court shall appoint a guardian ad litem or court appointedspecial advocate, or both, for the child.
        (2) If the child is alleged to be a child in need of services under:
            (A) IC 31-34-1-1;
            (B) IC 31-34-1-2;
            (C) IC 31-34-1-3;            (D) IC 31-34-1-4;
            (E) IC 31-34-1-5;
            (F) IC 31-34-1-7; or
            (G) IC 31-34-1-8;
        the court shall appoint a guardian ad litem, court appointedspecial advocate, or both, for the child.
        (3) If the parent, guardian, or custodian of a child denies theallegations of a petition under section 6 of this chapter, thecourt shall appoint a guardian ad litem, court appointed specialadvocate, or both, for the child.
As added by P.L.1-1997, SEC.17. Amended by P.L.234-2005,SEC.180.

IC 31-34-10-4
Duty to inform child and parent, guardian, or custodian of natureof allegations and dispositional alternatives
    Sec. 4. The court shall next inform the child, if the child is at anage of understanding, and the child's parent, guardian, or custodian,if the person is present, of the following:
        (1) The nature of the allegations in the petition.
        (2) The dispositional alternatives available to the court if thechild is adjudicated a child in need of services.
As added by P.L.1-1997, SEC.17.

IC 31-34-10-5
Duty to inform parent or guardian of estate of effect ofadjudication
    Sec. 5. The juvenile court shall inform the parent or guardian ofthe estate that if the child is adjudicated a child in need of services:
        (1) the parent, guardian, or custodian of the child may berequired to participate in a program of care, treatment, orrehabilitation for the child;
        (2) the parent or guardian may be held financially responsiblefor services provided for the parent, guardian, or child; and
        (3) the parent, guardian, or custodian of the child maycontrovert the following:
            (A) Allegations made at the child's dispositional or otherhearing concerning the parent's, guardian's, or custodian'sparticipation.
            (B) Allegations concerning the parent's or guardian'sfinancial responsibility for services that would be provided.
As added by P.L.1-1997, SEC.17.

IC 31-34-10-6
Admission or denial of allegations by parent, guardian, orcustodian
    Sec. 6. Except if a petition is filed under IC 31-34-1-6, thejuvenile court shall determine whether the parent, guardian, orcustodian admits or denies the allegations of the petition. A failureto respond constitutes a denial.As added by P.L.1-1997, SEC.17.

IC 31-34-10-7
Child's admission or denial of allegations
    Sec. 7. If a petition alleges that the child is a child in need ofservices under IC 31-34-1-6, the juvenile court shall determinewhether the child admits or denies the allegations. A failure torespond constitutes a denial.
As added by P.L.1-1997, SEC.17.

IC 31-34-10-8
Procedure following admission of allegations by parent, guardian,or custodian
    Sec. 8. If the parent, guardian, or custodian admits the allegationsunder section 6 of this chapter, the juvenile court shall do thefollowing:
        (1) Enter judgment accordingly.
        (2) Schedule a dispositional hearing.
As added by P.L.1-1997, SEC.17.

IC 31-34-10-9
Dispositional hearing; factfinding hearing; consent
    Sec. 9. (a) If the allegations of a petition have been admitted, thejuvenile court may hold a dispositional hearing immediately after theinitial hearing.
    (b) If the allegations have been denied, the juvenile court mayhold the factfinding hearing immediately after the initial hearing.
    (c) The following persons must consent to holding a hearing undersubsection (a) or (b) immediately after the initial hearing:
        (1) The child if competent to do so.
        (2) The child's:
            (A) counsel;
            (B) guardian ad litem;
            (C) court appointed special advocate;
            (D) parent;
            (E) guardian; or
            (F) custodian.
        (3) The person representing the interests of the state.
As added by P.L.1-1997, SEC.17.