CHAPTER 11. FACTFINDING HEARING ON CHILD IN NEED OF SERVICES PETITION
IC 31-34-11
Chapter 11. Factfinding Hearing on Child in Need of ServicesPetition
IC 31-34-11-1
Hearing requirements; extension of time; notice; opportunity to beheard
Sec. 1. (a) Except as provided in subsection (b), unless theallegations of a petition have been admitted, the juvenile court shallcomplete a factfinding hearing not more than sixty (60) days after apetition alleging that a child is a child in need of services is filed inaccordance with IC 31-34-9.
(b) The juvenile court may extend the time to complete afactfinding hearing, as described in subsection (a), for an additionalsixty (60) days if all parties in the action consent to the additionaltime.
(c) If the factfinding hearing is not held immediately after theinitial hearing as provided under IC 31-34-10-9, the department shallprovide notice of any factfinding hearing to each foster parent orother caretaker with whom the child has been placed for temporarycare. The court shall provide a person who is required to be notifiedunder this subsection an opportunity to be heard at the factfindinghearing.
As added by P.L.1-1997, SEC.17. Amended by P.L.146-2006,SEC.46; P.L.138-2007, SEC.71.
IC 31-34-11-2
Judgment; order of predisposition report; scheduling ofdispositional hearing
Sec. 2. If the court finds that a child is a child in need of services,the court shall:
(1) enter judgment accordingly;
(2) order a predisposition report; and
(3) schedule a dispositional hearing.
As added by P.L.1-1997, SEC.17.
IC 31-34-11-3
Discharge of child
Sec. 3. If the court finds that a child is not a child in need ofservices, the court shall discharge the child.
As added by P.L.1-1997, SEC.17.
IC 31-34-11-4
Judgment entry; continuance; release from juvenile detentionfacility pending entry of judgment
Sec. 4. (a) Except as provided in subsection (b), at the close of allthe evidence and before judgment is entered, the court may continuethe case for not more than twelve (12) months.
(b) If the:
(1) child; (2) child's parent, guardian, or custodian; or
(3) department;
requests that judgment be entered, the judgment shall be entered notlater than thirty (30) days after the request is made.
(c) If the child is in a juvenile detention facility, the child shall bereleased not later than forty-eight (48) hours, excluding Saturdays,Sundays, and legal holidays, pending the entry of judgment. A childreleased from a juvenile detention facility pending the entry ofjudgment may be detained in a shelter care facility.
As added by P.L.1-1997, SEC.17. Amended by P.L.35-1998, SEC.7;P.L.146-2006, SEC.47.