IC 31-34-9
Chapter 9. Filing of Petition Alleging That Child Is Child in Need
of Services
IC 31-34-9-1 Request for authorization to file petition; representation of
interests of state
Sec. 1. The attorney for the department:
(1) may request the juvenile court to authorize the filing of a
petition alleging that a child is a child in need of services; and
(2) shall represent the interests of the state at this proceeding
and 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 of
probable cause that is contained in the report of the preliminary
inquiry or an affidavit of probable cause.
(2) Authorize the filing of a petition if the court finds probable
cause 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 to
be a Child in Need of Services";
(3) be signed and filed by the person representing the interests
of the state; and
(4) contain the following information:
(A) A citation to the provision of the juvenile law that gives
the juvenile court jurisdiction in the proceeding.
(B) A citation to the provision of the juvenile law that
defines a child in need of services.
(C) A concise statement of the facts upon which the
allegations are based, including the date and location at
which 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 the
removal.
(ii) Reasons why family services were not provided before
the removal of the child if family services were not
provided. 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 ground
for:
(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, or
custodian'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 request
in writing that the child be taken into custody.
(b) The person must support this request with sworn testimony or
affidavit. The court may grant the request if the court makes written
findings of fact upon the record that a ground for detention exists
under 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 child
taken into custody, the court shall proceed under IC 31-34-5-1 and
IC 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 have
all 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 file
a motion to dismiss any petition that the person has filed under this
chapter.
(b) If a person files a motion to dismiss under subsection (a), the
person must provide to the court a statement that sets forth the
reasons the person is requesting that the petition be dismissed.
(c) Not later than ten (10) days after the motion to dismiss is filed
under 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 under
subsection (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 special
advocate;
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.
IC 31-34-9
Chapter 9. Filing of Petition Alleging That Child Is Child in Need
of Services
IC 31-34-9-1 Request for authorization to file petition; representation of
interests of state
Sec. 1. The attorney for the department:
(1) may request the juvenile court to authorize the filing of a
petition alleging that a child is a child in need of services; and
(2) shall represent the interests of the state at this proceeding
and 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 of
probable cause that is contained in the report of the preliminary
inquiry or an affidavit of probable cause.
(2) Authorize the filing of a petition if the court finds probable
cause 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 to
be a Child in Need of Services";
(3) be signed and filed by the person representing the interests
of the state; and
(4) contain the following information:
(A) A citation to the provision of the juvenile law that gives
the juvenile court jurisdiction in the proceeding.
(B) A citation to the provision of the juvenile law that
defines a child in need of services.
(C) A concise statement of the facts upon which the
allegations are based, including the date and location at
which 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 the
removal.
(ii) Reasons why family services were not provided before
the removal of the child if family services were not
provided. 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 ground
for:
(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, or
custodian'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 request
in writing that the child be taken into custody.
(b) The person must support this request with sworn testimony or
affidavit. The court may grant the request if the court makes written
findings of fact upon the record that a ground for detention exists
under 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 child
taken into custody, the court shall proceed under IC 31-34-5-1 and
IC 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 have
all 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 file
a motion to dismiss any petition that the person has filed under this
chapter.
(b) If a person files a motion to dismiss under subsection (a), the
person must provide to the court a statement that sets forth the
reasons the person is requesting that the petition be dismissed.
(c) Not later than ten (10) days after the motion to dismiss is filed
under 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 under
subsection (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 special
advocate;
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.
IC 31-34-9
Chapter 9. Filing of Petition Alleging That Child Is Child in Need
of Services
IC 31-34-9-1 Request for authorization to file petition; representation of
interests of state
Sec. 1. The attorney for the department:
(1) may request the juvenile court to authorize the filing of a
petition alleging that a child is a child in need of services; and
(2) shall represent the interests of the state at this proceeding
and 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 of
probable cause that is contained in the report of the preliminary
inquiry or an affidavit of probable cause.
(2) Authorize the filing of a petition if the court finds probable
cause 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 to
be a Child in Need of Services";
(3) be signed and filed by the person representing the interests
of the state; and
(4) contain the following information:
(A) A citation to the provision of the juvenile law that gives
the juvenile court jurisdiction in the proceeding.
(B) A citation to the provision of the juvenile law that
defines a child in need of services.
(C) A concise statement of the facts upon which the
allegations are based, including the date and location at
which 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 the
removal.
(ii) Reasons why family services were not provided before
the removal of the child if family services were not
provided. 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 ground
for:
(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, or
custodian'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 request
in writing that the child be taken into custody.
(b) The person must support this request with sworn testimony or
affidavit. The court may grant the request if the court makes written
findings of fact upon the record that a ground for detention exists
under 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 child
taken into custody, the court shall proceed under IC 31-34-5-1 and
IC 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 have
all 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 file
a motion to dismiss any petition that the person has filed under this
chapter.
(b) If a person files a motion to dismiss under subsection (a), the
person must provide to the court a statement that sets forth the
reasons the person is requesting that the petition be dismissed.
(c) Not later than ten (10) days after the motion to dismiss is filed
under 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 under
subsection (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 special
advocate;
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.
