IC 31-34-10
Chapter 10. Initial Hearing on Child in Need of Services Petition
and 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 in
need 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; schedule
of initial hearing; notice; petition alleging a child is a child in need
of services; additional initial hearings
Sec. 2. (a) The juvenile court shall hold an initial hearing on each
petition.
(b) The juvenile court shall set a time for the initial hearing. A
summons 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. The
clerk shall issue the summons under Rule 4 of the Indiana Rules of
Trial Procedure.
(d) If the initial hearing is not scheduled and held within the
specified time as described in this section, the child shall be released
to the child's parent, guardian, or custodian.
(e) The court may schedule an additional initial hearing on the
child in need of services petition if necessary to comply with the
procedures and requirements of this chapter with respect to any
person to whom a summons has been issued under this section.
(f) An additional initial hearing on the child in need of services
petition shall be held not more than thirty (30) calendar days after the
date of the first initial hearing on the child in need of services
petition, unless the court has:
(1) granted an extension of time for extraordinary
circumstances; and
(2) stated the extraordinary circumstance in a written court
order.
(g) The department shall provide notice of the date, time, place,
and purpose of the initial hearing and any additional initial hearing
scheduled under this section to each foster parent or other caretaker
with 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 issued
under subsection (b); and
(B) person who is required to be notified under this
subsection;
an opportunity to be heard; and
(2) allow a person described in subdivision (1) to make
recommendations to the court;
at the initial hearing.
(h) A petition alleging that a child is a child in need of services
shall be filed before a detention hearing concerning the child is held.
(i) If a detention hearing is held under IC 31-34-5, the initial
hearing on the child in need of services petition shall be held at the
same time as the detention hearing.
(j) The court may schedule an additional initial hearing on a child
in need of services petition if necessary to comply with the
procedures and requirements of this chapter with respect to any
person to whom a summons has been issued under this section.
(k) An additional initial hearing under subsection (j) shall be held
not more than thirty (30) calendar days after the date of the first
initial hearing on the child in need of services petition unless the
court:
(1) grants an extension of time for extraordinary circumstances;
and
(2) states the extraordinary circumstance in a written court
order. 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 special
advocate
Sec. 3. Before complying with the other requirements of this
chapter, the juvenile court shall first determine whether the following
conditions make it appropriate to appoint a guardian ad litem or a
court 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's
parent, guardian, or custodian to supply the child with the
necessary medical care; or
(D) because the location of both of the child's parents is
unknown;
the court shall appoint a guardian ad litem or court appointed
special 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 appointed
special advocate, or both, for the child.
(3) If the parent, guardian, or custodian of a child denies the
allegations of a petition under section 6 of this chapter, the
court shall appoint a guardian ad litem, court appointed special
advocate, 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 nature
of allegations and dispositional alternatives
Sec. 4. The court shall next inform the child, if the child is at an
age 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 the
child 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 of
adjudication
Sec. 5. The juvenile court shall inform the parent or guardian of
the estate that if the child is adjudicated a child in need of services:
(1) the parent, guardian, or custodian of the child may be
required to participate in a program of care, treatment, or
rehabilitation for the child;
(2) the parent or guardian may be held financially responsible
for services provided for the parent, guardian, or child; and
(3) the parent, guardian, or custodian of the child may
controvert the following:
(A) Allegations made at the child's dispositional or other
hearing concerning the parent's, guardian's, or custodian's
participation.
(B) Allegations concerning the parent's or guardian's
financial 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, or
custodian
Sec. 6. Except if a petition is filed under IC 31-34-1-6, the
juvenile court shall determine whether the parent, guardian, or
custodian admits or denies the allegations of the petition. A failure
to 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 of
services under IC 31-34-1-6, the juvenile court shall determine
whether the child admits or denies the allegations. A failure to
respond 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 allegations
under section 6 of this chapter, the juvenile court shall do the
following:
(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, the
juvenile court may hold a dispositional hearing immediately after the
initial hearing.
(b) If the allegations have been denied, the juvenile court may
hold the factfinding hearing immediately after the initial hearing.
(c) The following persons must consent to holding a hearing under
subsection (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.
IC 31-34-10
Chapter 10. Initial Hearing on Child in Need of Services Petition
and 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 in
need 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; schedule
of initial hearing; notice; petition alleging a child is a child in need
of services; additional initial hearings
Sec. 2. (a) The juvenile court shall hold an initial hearing on each
petition.
(b) The juvenile court shall set a time for the initial hearing. A
summons 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. The
clerk shall issue the summons under Rule 4 of the Indiana Rules of
Trial Procedure.
(d) If the initial hearing is not scheduled and held within the
specified time as described in this section, the child shall be released
to the child's parent, guardian, or custodian.
(e) The court may schedule an additional initial hearing on the
child in need of services petition if necessary to comply with the
procedures and requirements of this chapter with respect to any
person to whom a summons has been issued under this section.
(f) An additional initial hearing on the child in need of services
petition shall be held not more than thirty (30) calendar days after the
date of the first initial hearing on the child in need of services
petition, unless the court has:
(1) granted an extension of time for extraordinary
circumstances; and
(2) stated the extraordinary circumstance in a written court
order.
(g) The department shall provide notice of the date, time, place,
and purpose of the initial hearing and any additional initial hearing
scheduled under this section to each foster parent or other caretaker
with 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 issued
under subsection (b); and
(B) person who is required to be notified under this
subsection;
an opportunity to be heard; and
(2) allow a person described in subdivision (1) to make
recommendations to the court;
at the initial hearing.
(h) A petition alleging that a child is a child in need of services
shall be filed before a detention hearing concerning the child is held.
(i) If a detention hearing is held under IC 31-34-5, the initial
hearing on the child in need of services petition shall be held at the
same time as the detention hearing.
(j) The court may schedule an additional initial hearing on a child
in need of services petition if necessary to comply with the
procedures and requirements of this chapter with respect to any
person to whom a summons has been issued under this section.
(k) An additional initial hearing under subsection (j) shall be held
not more than thirty (30) calendar days after the date of the first
initial hearing on the child in need of services petition unless the
court:
(1) grants an extension of time for extraordinary circumstances;
and
(2) states the extraordinary circumstance in a written court
order. 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 special
advocate
Sec. 3. Before complying with the other requirements of this
chapter, the juvenile court shall first determine whether the following
conditions make it appropriate to appoint a guardian ad litem or a
court 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's
parent, guardian, or custodian to supply the child with the
necessary medical care; or
(D) because the location of both of the child's parents is
unknown;
the court shall appoint a guardian ad litem or court appointed
special 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 appointed
special advocate, or both, for the child.
(3) If the parent, guardian, or custodian of a child denies the
allegations of a petition under section 6 of this chapter, the
court shall appoint a guardian ad litem, court appointed special
advocate, 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 nature
of allegations and dispositional alternatives
Sec. 4. The court shall next inform the child, if the child is at an
age 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 the
child 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 of
adjudication
Sec. 5. The juvenile court shall inform the parent or guardian of
the estate that if the child is adjudicated a child in need of services:
(1) the parent, guardian, or custodian of the child may be
required to participate in a program of care, treatment, or
rehabilitation for the child;
(2) the parent or guardian may be held financially responsible
for services provided for the parent, guardian, or child; and
(3) the parent, guardian, or custodian of the child may
controvert the following:
(A) Allegations made at the child's dispositional or other
hearing concerning the parent's, guardian's, or custodian's
participation.
(B) Allegations concerning the parent's or guardian's
financial 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, or
custodian
Sec. 6. Except if a petition is filed under IC 31-34-1-6, the
juvenile court shall determine whether the parent, guardian, or
custodian admits or denies the allegations of the petition. A failure
to 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 of
services under IC 31-34-1-6, the juvenile court shall determine
whether the child admits or denies the allegations. A failure to
respond 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 allegations
under section 6 of this chapter, the juvenile court shall do the
following:
(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, the
juvenile court may hold a dispositional hearing immediately after the
initial hearing.
(b) If the allegations have been denied, the juvenile court may
hold the factfinding hearing immediately after the initial hearing.
(c) The following persons must consent to holding a hearing under
subsection (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.
IC 31-34-10
Chapter 10. Initial Hearing on Child in Need of Services Petition
and 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 in
need 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; schedule
of initial hearing; notice; petition alleging a child is a child in need
of services; additional initial hearings
Sec. 2. (a) The juvenile court shall hold an initial hearing on each
petition.
(b) The juvenile court shall set a time for the initial hearing. A
summons 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. The
clerk shall issue the summons under Rule 4 of the Indiana Rules of
Trial Procedure.
(d) If the initial hearing is not scheduled and held within the
specified time as described in this section, the child shall be released
to the child's parent, guardian, or custodian.
(e) The court may schedule an additional initial hearing on the
child in need of services petition if necessary to comply with the
procedures and requirements of this chapter with respect to any
person to whom a summons has been issued under this section.
(f) An additional initial hearing on the child in need of services
petition shall be held not more than thirty (30) calendar days after the
date of the first initial hearing on the child in need of services
petition, unless the court has:
(1) granted an extension of time for extraordinary
circumstances; and
(2) stated the extraordinary circumstance in a written court
order.
(g) The department shall provide notice of the date, time, place,
and purpose of the initial hearing and any additional initial hearing
scheduled under this section to each foster parent or other caretaker
with 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 issued
under subsection (b); and
(B) person who is required to be notified under this
subsection;
an opportunity to be heard; and
(2) allow a person described in subdivision (1) to make
recommendations to the court;
at the initial hearing.
(h) A petition alleging that a child is a child in need of services
shall be filed before a detention hearing concerning the child is held.
(i) If a detention hearing is held under IC 31-34-5, the initial
hearing on the child in need of services petition shall be held at the
same time as the detention hearing.
(j) The court may schedule an additional initial hearing on a child
in need of services petition if necessary to comply with the
procedures and requirements of this chapter with respect to any
person to whom a summons has been issued under this section.
(k) An additional initial hearing under subsection (j) shall be held
not more than thirty (30) calendar days after the date of the first
initial hearing on the child in need of services petition unless the
court:
(1) grants an extension of time for extraordinary circumstances;
and
(2) states the extraordinary circumstance in a written court
order. 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 special
advocate
Sec. 3. Before complying with the other requirements of this
chapter, the juvenile court shall first determine whether the following
conditions make it appropriate to appoint a guardian ad litem or a
court 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's
parent, guardian, or custodian to supply the child with the
necessary medical care; or
(D) because the location of both of the child's parents is
unknown;
the court shall appoint a guardian ad litem or court appointed
special 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 appointed
special advocate, or both, for the child.
(3) If the parent, guardian, or custodian of a child denies the
allegations of a petition under section 6 of this chapter, the
court shall appoint a guardian ad litem, court appointed special
advocate, 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 nature
of allegations and dispositional alternatives
Sec. 4. The court shall next inform the child, if the child is at an
age 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 the
child 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 of
adjudication
Sec. 5. The juvenile court shall inform the parent or guardian of
the estate that if the child is adjudicated a child in need of services:
(1) the parent, guardian, or custodian of the child may be
required to participate in a program of care, treatment, or
rehabilitation for the child;
(2) the parent or guardian may be held financially responsible
for services provided for the parent, guardian, or child; and
(3) the parent, guardian, or custodian of the child may
controvert the following:
(A) Allegations made at the child's dispositional or other
hearing concerning the parent's, guardian's, or custodian's
participation.
(B) Allegations concerning the parent's or guardian's
financial 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, or
custodian
Sec. 6. Except if a petition is filed under IC 31-34-1-6, the
juvenile court shall determine whether the parent, guardian, or
custodian admits or denies the allegations of the petition. A failure
to 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 of
services under IC 31-34-1-6, the juvenile court shall determine
whether the child admits or denies the allegations. A failure to
respond 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 allegations
under section 6 of this chapter, the juvenile court shall do the
following:
(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, the
juvenile court may hold a dispositional hearing immediately after the
initial hearing.
(b) If the allegations have been denied, the juvenile court may
hold the factfinding hearing immediately after the initial hearing.
(c) The following persons must consent to holding a hearing under
subsection (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.
