IC 31-34-9
    Chapter 9. Filing of Petition Alleging That Child Is Child in Needof Services

IC 31-34-9-1
Request for authorization to file petition; representation ofinterests of state
    Sec. 1. The attorney for the department:
        (1) may request the juvenile court to authorize the filing of apetition alleging that a child is a child in need of services; and
        (2) shall represent the interests of the state at this proceedingand at all subsequent proceedings on the petition.
As added by P.L.1-1997, SEC.17. Amended by P.L.145-2006,SEC.294; P.L.146-2008, SEC.588.

IC 31-34-9-2
Authorization to file petition; evidence; finding
    Sec. 2. The juvenile court shall do the following:
        (1) Consider the preliminary inquiry and the evidence ofprobable cause that is contained in the report of the preliminaryinquiry or an affidavit of probable cause.
        (2) Authorize the filing of a petition if the court finds probablecause to believe that the child is a child in need of services.
As added by P.L.1-1997, SEC.17.

IC 31-34-9-3
Petition; verification and contents
    Sec. 3. A petition must:
        (1) be verified;
        (2) be entitled "In the Matter of ________, a Child Alleged tobe a Child in Need of Services";
        (3) be signed and filed by the person representing the interestsof the state; and
        (4) contain the following information:
            (A) A citation to the provision of the juvenile law that givesthe juvenile court jurisdiction in the proceeding.
            (B) A citation to the provision of the juvenile law thatdefines a child in need of services.
            (C) A concise statement of the facts upon which theallegations are based, including the date and location atwhich the alleged facts occurred.
            (D) The child's:
                (i) name;
                (ii) birth date; and
                (iii) residence address;
            if known.
            (E) The name and residence address of the child's parent,guardian, or custodian if known.
            (F) The name and title of the person signing the petition.
            (G) A statement indicating whether the child has been

removed from the child's parent, guardian, or custodian, and,if so, a description of the following:
                (i) Efforts made to provide the child or the child's parent,guardian, or custodian with family services before theremoval.
                (ii) Reasons why family services were not provided beforethe removal of the child if family services were notprovided.
As added by P.L.1-1997, SEC.17.

IC 31-34-9-4
Error in or omission of citation; effect
    Sec. 4. Error in a citation or the omission of a citation is groundfor:
        (1) dismissal of the petition; or
        (2) reversal of the adjudication;
only if the error or omission misleads the child or the child's parent,guardian, or custodian to the child's, parent's, guardian's, orcustodian's prejudice.
As added by P.L.1-1997, SEC.17.

IC 31-34-9-5
Written request that child be taken into custody; evidence; finding
    Sec. 5. (a) If a petition is authorized, the person filing may requestin writing that the child be taken into custody.
    (b) The person must support this request with sworn testimony oraffidavit. The court may grant the request if the court makes writtenfindings of fact upon the record that a ground for detention existsunder IC 31-34-5-3.
As added by P.L.1-1997, SEC.17.

IC 31-34-9-6
Detention hearing
    Sec. 6. If the juvenile court grants the request to have the childtaken into custody, the court shall proceed under IC 31-34-5-1 andIC 31-34-5-2.
As added by P.L.1-1997, SEC.17.

IC 31-34-9-7
Parties
    Sec. 7. The:
        (1) child;
        (2) child's parents, guardian, or custodian;
        (3) department; and
        (4) guardian ad litem or court appointed special advocate;
are parties to the proceedings described in the juvenile law and haveall rights of parties under the Indiana Rules of Trial Procedure.
As added by P.L.1-1997, SEC.17. Amended by P.L.145-2006,SEC.295.
IC 31-34-9-8
Dismissal on motion of person representing interests of state
    Sec. 8. (a) A person representing the interests of the state may filea motion to dismiss any petition that the person has filed under thischapter.
    (b) If a person files a motion to dismiss under subsection (a), theperson must provide to the court a statement that sets forth thereasons the person is requesting that the petition be dismissed.
    (c) Not later than ten (10) days after the motion to dismiss is filedunder subsection (a), the court shall:
        (1) summarily grant the motion to dismiss; or
        (2) set a date for a hearing on the motion to dismiss.
    (d) If the court sets a hearing on the motion to dismiss undersubsection (c)(2), the court may appoint:
        (1) a guardian ad litem;
        (2) a court appointed special advocate; or
        (3) both a guardian ad litem and a court appointed specialadvocate;
to represent and protect the best interests of the child.
As added by P.L.1-1997, SEC.17. Amended by P.L.129-2005, SEC.6.