reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 4. Temporary Placement of Child Taken Into Custody › 31-34-4-1. Application of Chapter

Sec. 1. This chapter applies only to a child alleged to be a child in need of services.
[Pre-1997 Recodification Citation: 31-6-4-6(a).]
As added by P.L.1-1997, SEC.17.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 4. Temporary Placement of Child Taken Into Custody › 31-34-4-3. Order to Take Child to Designated Place Pending Detention Hearing

Sec. 3. If a child is taken into custody under an order of the court, the law enforcement officer shall take the child to a place designated in the order to await a detention hearing.
[Pre-1997 Recodification Citation: 31-6-4-6(c).]
As added by P.L.1-1997, SEC.17.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 4. Temporary Placement of Child Taken Into Custody › 31-34-4-4. Release, Delivery, or Detention of Child Taken Into Custody Without Court Order

Sec. 4. If a child is taken into custody without an order of the court, the person taking the child into custody:
(1) may:
(A) release the child; or
(B) deliver the child to a place designated by the juvenile court; and
(2) if the child is detained, shall promptly notify the child's parent, guardian, or custodian and an intake officer:
(A) that the child is being held; and
(B) of the reasons for the child's detention.
[Pre-1997 Recodification Citation: 31-6-4-6(d).]
As added by P.L.1-1997, SEC.17.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 4. Temporary Placement of Child Taken Into Custody › 31-34-4-5. Investigation, Release, or Detention by Intake Officer of Child Taken Into Custody Without Court Order

Sec. 5. If the child was not taken into custody under an order of the court, the intake officer shall investigate the reasons for the child's detention. The intake officer shall release the child to the child's parent, guardian, or custodian upon the person's written promise to bring the child before the juvenile court at a time specified. However, the intake officer may place the child in detention if the intake officer reasonably believes that the child is a child in need of services and that:
(1) detention is necessary to protect the child;
(2) the child is unlikely to appear before the juvenile court for subsequent proceedings;
(3) the child has a reasonable basis for requesting that the child not be released; or
(4) the parent, guardian, or custodian:
(A) cannot be located; or
(B) is unable or unwilling to take custody of the child.
[Pre-1997 Recodification Citation: 31-6-4-6(e).]
As added by P.L.1-1997, SEC.17.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 4. Temporary Placement of Child Taken Into Custody › 31-34-4-6. Duty to Inform Parent, Custodian, or Guardian of Legal Rights

Sec. 6. (a) The department shall submit written information to a parent, custodian, or guardian of a child who is alleged to be abused or neglected regarding the following legal rights of the parent, custodian, or guardian:
(1) The right to have a detention hearing held by a court within forty-eight (48) hours after the child's removal from the home and to request return of the child at the hearing.
(2) The right to:
(A) be represented by an attorney;
(B) cross examine witnesses; and
(C) present evidence on the parent's, custodian's, or guardian's own behalf;
at each court proceeding on a petition alleging that the child is a child in need of services. The parent, guardian, or custodian has the right to be represented by a court appointed attorney under clause (A) upon the request of the parent, guardian, or custodian if the court finds that the parent, guardian, or custodian does not have sufficient financial means for obtaining representation as described in IC 34-10-1.
(3) The right not to make statements that incriminate the parent, custodian, or guardian and that an incriminating statement may be used during a court proceeding on a petition alleging that the child is a child in need of services.
(4) The right to request to have the case reviewed by the child protection team under IC 31-33-3-6.
(5) The right to be advised that after July 1, 1999, a petition to terminate the parent-child relationship must be filed whenever a child has been removed from the child's parent and has been under the supervision of the department for at least fifteen (15) months of the most recent twenty-two (22) months.
(b) The department shall submit the written information under subsection (a) to the child's parent, guardian, or custodian at the time:
(1) the child is taken into custody; or
(2) the department files a petition alleging that the child is a child in need of services;
whichever occurs earlier.
[Pre-1997 Recodification Citation: 31-6-4-6.1.]
As added by P.L.1-1997, SEC.17. Amended by P.L.35-1998, SEC.5; P.L.145-2006, SEC.291.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 4. Temporary Placement of Child Taken Into Custody › 31-34-4-8. Change in Temporary Out-of-Home Placement; Consideration of Separation of Siblings

Sec. 8. If a child is placed under this article in a temporary out-of-home placement in a location in which a sibling of the child resides, the department shall, before changing the placement of the child, consider whether separating the child from the child's sibling is in the child's best interest.
As added by P.L.65-2023, SEC.1.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 5. Detention Hearing › 31-34-5-1. Time for Hearing; Notice; Petition Alleging a Child Is a Child in Need of Services

Sec. 1. (a) If a child taken into custody under IC 31-34-2 is not released, a detention hearing shall be held not later than forty-eight (48) hours, excluding Saturdays, Sundays, and any day on which a legal holiday is observed for state employees as provided under IC 1-1-9, after the child is taken into custody. If the detention hearing is not held, the child shall be released. Notice of the time, place, and purpose of the detention hearing shall be given to the following:
(1) The child.
(2) The child's parent, guardian, or custodian if the person can be located.
(3) Each foster parent or other caretaker with whom the child has been placed for temporary care under IC 31-34-4.
(b) The court shall:
(1) provide a person who is required to be notified under subsection (a)(2) or (a)(3) an opportunity to be heard; and
(2) allow a person described in subdivision (1) to make recommendations to the court;
at the detention hearing.
(c) A petition alleging that a child described in subsection (a) is a child in need of services shall be filed before a detention hearing is held for the child.
[Pre-1997 Recodification Citation: 31-6-4-6(f) part.]
As added by P.L.1-1997, SEC.17. Amended by P.L.35-1998, SEC.6; P.L.138-2007, SEC.68; P.L.131-2009, SEC.60.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 5. Detention Hearing › 31-34-5-1.5. Hearing After Emergency Medical Services Provider Takes Custody of a Child; Notification; Petition Alleging a Child Is a Child in Need of Services

Sec. 1.5. (a) This section applies to a child taken into custody under IC 31-34-2.5.
(b) The juvenile court shall hold a detention hearing after an emergency medical services provider takes custody of a child under IC 31-34-2.5. The court shall hold the detention hearing not later than forty-eight (48) hours after the emergency medical services provider takes the child into custody, excluding Saturdays, Sundays, and any day on which a legal holiday is observed for state employees as provided under IC 1-1-9. A petition alleging that a child described in subsection (a) is a child in need of services shall be filed before the detention hearing is held for the child.
(c) The department may notify the emergency medical services provider that has taken emergency custody of a child under IC 31-34-2.5 of the detention hearing. The emergency medical services provider may be heard at the detention hearing.
(d) The department shall notify each foster parent or other caretaker with whom the child has been temporarily placed under IC 31-34-2.5 of the detention hearing. The court shall:
(1) provide a 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 detention hearing.
As added by P.L.217-2001, SEC.7. Amended by P.L.145-2006, SEC.292; P.L.138-2007, SEC.69; P.L.131-2009, SEC.61.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 5. Detention Hearing › 31-34-5-2. Findings

Sec. 2. If a child has been removed from the child's parent, guardian, or custodian under IC 31-34-2-3 or IC 31-34-2-4, then, in accordance with federal law, at the detention hearing the court shall make written findings and conclusions that state the following:
(1) Whether removal of the child authorized by IC 31-34-2-3 or IC 31-34-2-4 was necessary to protect the child.
(2) A description of the family services available before removal of the child.
(3) Efforts made to provide family services before removal of the child.
(4) Why the efforts made to provide family services did not prevent removal of the child.
(5) Whether the efforts made to prevent removal of the child were reasonable.
[Pre-1997 Recodification Citation: 31-6-4-6(f) part.]
As added by P.L.1-1997, SEC.17.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 5. Detention Hearing › 31-34-5-3. Release; Findings Required for Detention Order; Approval of Services, Programs, and Placement; Court Order; Appeal; Payment of Costs

Sec. 3. (a) The juvenile court shall release the child to the child's parent, guardian, or custodian. However, the court may order the child detained if the court makes written findings of fact upon the record of probable cause to believe that the child is a child in need of services and that:
(1) detention is necessary to protect the child;
(2) the child is unlikely to appear before the juvenile court for subsequent proceedings;
(3) the child has a reasonable basis for requesting that the child not be released;
(4) the parent, guardian, or custodian:
(A) cannot be located; or
(B) is unable or unwilling to take custody of the child; or
(5) consideration for the safety of the child precludes the use of family services to prevent removal of the child.
(b) The juvenile court shall include in any order approving or requiring detention of a child all findings and conclusions required under:
(1) applicable provisions of Title IV-E of the federal Social Security Act (42 U.S.C. 670 et seq.); or
(2) any applicable federal regulation, including 45 CFR 1356.21;
as a condition of eligibility of a child in need of services for assistance under Title IV-E or any other federal law.
(c) Inclusion in a juvenile court order of language approved and recommended by the judicial conference of Indiana, in relation to:
(1) removal from the child's home; or
(2) detention;
of a child who is alleged to be, or adjudicated as, a child in need of services constitutes compliance with subsection (b).
[Pre-1997 Recodification Citation: 31-6-4-6(g).]
As added by P.L.1-1997, SEC.17. Amended by P.L.146-2008, SEC.580.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 5. Detention Hearing › 31-34-5-3.5. Release of a Child; Conditions

Sec. 3.5. If the juvenile court releases a child to the child's parent, guardian, or custodian under section 3 of this chapter, the court may impose conditions on the child or the child's parent, guardian, or custodian to ensure the safety of the child's physical or mental health.
As added by P.L.146-2006, SEC.45.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 5. Detention Hearing › 31-34-5-4. Order to Appear for Additional Detention Hearing

Sec. 4. Upon the juvenile court's own motion or upon the motion of the person representing the interests of the state, the parent, guardian, or custodian of a child who has been released may be ordered to appear with the child for an additional detention hearing.
[Pre-1997 Recodification Citation: 31-6-4-6(h).]
As added by P.L.1-1997, SEC.17.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 5. Detention Hearing › 31-34-5-5. Petition for Additional Detention Hearings

Sec. 5. A child detained under section 3 or 4 of this chapter or the child's parent, guardian, or custodian may petition the juvenile court for additional detention hearings.
[Pre-1997 Recodification Citation: 31-6-4-6(i).]
As added by P.L.1-1997, SEC.17.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 6. Detention of Alleged Child in Need of Services › 31-34-6-1. Detention in Certain Facilities Prohibited

Sec. 1. A child alleged to be a child in need of services may not be held in:
(1) a secure detention facility;
(2) a community based correctional facility for children;
(3) a juvenile detention facility; or
(4) a shelter care facility that houses persons charged with, imprisoned for, or incarcerated for crimes.
[Pre-1997 Recodification Citation: 31-6-4-6.5(a) part.]
As added by P.L.1-1997, SEC.17. Amended by P.L.104-2015, SEC.33.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 6. Detention of Alleged Child in Need of Services › 31-34-6-2. Placement With Relative or De Facto Custodian; Evaluation; Background Checks

Sec. 2. (a) A juvenile court or the department shall consider placing a child alleged to be a child in need of services with a suitable and willing relative or de facto custodian of the child before considering any other placement for the child.
(b) A juvenile court or the department shall consider placing a child described in subsection (a) with a relative related by blood, marriage, or adoption before considering any other placement of the child.
(c) Before a child is placed with a relative or de facto custodian, a home evaluation and background checks described in IC 31-34-4-2 are required.
[Pre-1997 Recodification Citation: 31-6-4-6.5(d).]
As added by P.L.1-1997, SEC.17. Amended by P.L.146-2008, SEC.581; P.L.123-2014, SEC.22.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 6. Detention of Alleged Child in Need of Services › 31-34-6-3. Placement in Facility Located Outside Child's County of Residence

Sec. 3. A juvenile court or the department may not place a child in a shelter care facility that is located outside the child's county of residence unless placement of the child in a comparable facility with adequate services located in the child's county of residence is unavailable or the child's county of residence does not have an appropriate comparable facility with adequate services.
[Pre-1997 Recodification Citation: 31-6-4-6.5(e) part.]
As added by P.L.1-1997, SEC.17. Amended by P.L.146-2008, SEC.582; P.L.104-2015, SEC.34.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 7. Information About Children in Need of Services, Investigation, and Preliminary Inquiry › 31-34-7-1. Preliminary Inquiry

Sec. 1. A person may give an intake officer written information indicating that a child is a child in need of services. If the intake officer completing the preliminary inquiry has reason to believe that the child is a child in need of services, the intake officer shall:
(1) make a preliminary inquiry to determine whether the interests of the child require further action; and
(2) complete the dual status screening tool on the child, as described in IC 31-41-1-3.
Whenever practicable, the preliminary inquiry should include information on the child's background, current status, and school performance.
[Pre-1997 Recodification Citation: 31-6-4-8(a), (b) part.]
As added by P.L.1-1997, SEC.17. Amended by P.L.66-2015, SEC.1.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 7. Information About Children in Need of Services, Investigation, and Preliminary Inquiry › 31-34-7-2. Provision of Preliminary Inquiry and Recommendation to Attorney for Department

Sec. 2. The intake officer shall send to the attorney for the department a copy of the preliminary inquiry. The intake officer shall recommend whether to:
(1) file a petition;
(2) file a petition and recommend that the child be referred for an assessment by a dual status assessment team as described in IC 31-41-1-5;
(3) informally adjust the case;
(4) informally adjust the case and recommend that the child be referred for an assessment by the dual status assessment team as described in IC 31-41-1-5;
(5) refer the child to another agency; or
(6) dismiss the case.
[Pre-1997 Recodification Citation: 31-6-4-8(c).]
As added by P.L.1-1997, SEC.17. Amended by P.L.145-2006, SEC.293; P.L.146-2008, SEC.583; P.L.66-2015, SEC.2.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 7. Information About Children in Need of Services, Investigation, and Preliminary Inquiry › 31-34-7-3. Decision Whether to Request Authorization to File Petition

Sec. 3. The person representing the interests of the state and receiving the preliminary inquiry and recommendations shall decide whether to request authorization to file a petition. This decision is final only as to the office of the person making the decision.
[Pre-1997 Recodification Citation: 31-6-4-8(d).]
As added by P.L.1-1997, SEC.17.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 7. Information About Children in Need of Services, Investigation, and Preliminary Inquiry › 31-34-7-4. Access by Accused to Report

Sec. 4. A person who is accused of committing child abuse or neglect is entitled under IC 31-33-18-2(13) to access to a report relevant to an alleged accusation.
[Pre-1997 Recodification Citation: 31-6-11-18(a) part.]
As added by P.L.1-1997, SEC.17. Amended by P.L.46-2016, SEC.9.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 8. Program of Informal Adjustment › 31-34-8-1. Implementation of Program; Statement by Court of Reasons for Denial; Program Considered Approved in Certain Circumstances

Sec. 1. (a) After the preliminary inquiry and upon approval by the juvenile court, the intake officer may implement a program of informal adjustment if the officer has probable cause to believe that the child is a child in need of services.
(b) If the juvenile court denies a program of informal adjustment, the court shall state its reasons for the denial. The reasons may include that:
(1) the juvenile court finds no probable cause to believe that the child is a child in need of services; or
(2) the juvenile court finds that the coercive intervention of the juvenile court is required.
(c) If the juvenile court does not act to either:
(1) approve or deny a program of informal adjustment; or
(2) set a hearing date;
within ten (10) days of its submission to the juvenile court, the program of informal adjustment is considered approved.
(d) If:
(1) the juvenile court sets a hearing under subsection (c); and
(2) the hearing is not concluded and action taken to approve or deny the program of informal adjustment within thirty (30) days of the submission of the program to the juvenile court;
the program of informal adjustment is considered approved.
[Pre-1997 Recodification Citation: 31-6-4-12(a) part.]
As added by P.L.1-1997, SEC.17. Amended by P.L.146-2008, SEC.584.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 8. Program of Informal Adjustment › 31-34-8-2. Consent

Sec. 2. The child and the child's parent, guardian, custodian, or attorney must consent to a program of informal adjustment.
[Pre-1997 Recodification Citation: 31-6-4-12(b) part.]
As added by P.L.1-1997, SEC.17.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 8. Program of Informal Adjustment › 31-34-8-3. Petition for Compliance; Notice; Hearing; Order; Contempt

Sec. 3. (a) Upon the filing of a petition for compliance and after notice and a hearing on the petition for compliance, the juvenile court may order the parent, guardian, or custodian of a child to participate in a program of informal adjustment implemented under section 1 of this chapter.
(b) A parent, guardian, or custodian who fails to participate in a program of informal adjustment after being ordered under subsection (a) to participate may be found in contempt of court.
[Pre-1997 Recodification Citation: 31-6-4-12(c) part.]
As added by P.L.1-1997, SEC.17. Amended by P.L.146-2008, SEC.585.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 8. Program of Informal Adjustment › 31-34-8-4. Repealed

[Pre-1997 Recodification Citation: 31-6-4-12(d) part.]
As added by P.L.1-1997, SEC.17. Amended by P.L.234-2005, SEC.177. Repealed by P.L.138-2007, SEC.93.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 8. Program of Informal Adjustment › 31-34-8-5. Repealed

[Pre-1997 Recodification Citation: 31-6-4-12(e) part.]
As added by P.L.1-1997, SEC.17. Amended by P.L.234-2005, SEC.178. Repealed by P.L.146-2008, SEC.804.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 8. Program of Informal Adjustment › 31-34-8-6. Duration of Program; Extension

Sec. 6. A program of informal adjustment may not exceed six (6) months, except by approval of the juvenile court. The juvenile court may extend a program of informal adjustment an additional three (3) months.
[Pre-1997 Recodification Citation: 31-6-4-12(f) part.]
As added by P.L.1-1997, SEC.17. Amended by P.L.146-2008, SEC.586.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 8. Program of Informal Adjustment › 31-34-8-7. Report on Extent of Compliance

Sec. 7. (a) Not later than five (5) months after the department implements a program of informal adjustment under this chapter, the department shall file with the court a report indicating the extent of compliance with the program.
(b) If the court approves an extension of the period of the informal adjustment under section 6 of this chapter, the department shall file a supplemental report not later than eight (8) months after the department implements the program of informal adjustment updating the court on the status of a person's compliance with the program.
[Pre-1997 Recodification Citation: 31-6-4-12(g) part.]
As added by P.L.1-1997, SEC.17. Amended by P.L.234-2005, SEC.179; P.L.146-2008, SEC.587.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 8. Program of Informal Adjustment › 31-34-8-8. Repealed

[Pre-1997 Recodification Citation: 31-6-4-12(h) part.]
As added by P.L.1-1997, SEC.17. Amended by P.L.98-2004, SEC.112. Repealed by P.L.146-2008, SEC.805.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 8. Program of Informal Adjustment › 31-34-8-9. Repealed

[Pre-1997 Recodification Citation: 31-6-4-12(i) part.]
As added by P.L.1-1997, SEC.17. Amended by P.L.98-2004, SEC.113. Repealed by P.L.146-2008, SEC.805.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 9. Filing of Petition Alleging That Child Is Child in Need of Services › 31-34-9-1. Request for Authorization to File Petition; Representation of Interests of State; Deadlines and Procedures

Sec. 1. (a) 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.
(b) A prosecuting attorney:
(1) may request the juvenile court to authorize the filing of a petition alleging that a child is a child in need of services under IC 31-34-1; and
(2) shall represent the interests of the state at this proceeding and at all subsequent proceedings on the petition, unless the prosecuting attorney and the department agree that the department shall represent the interests of the state at this proceeding and at all subsequent proceedings on the petition.
(c) If a prosecuting attorney is representing the interests of the state at a subsequent proceeding after a petition is filed under this section, all deadlines and procedures concerning children in need of services under this article apply to the prosecuting attorney to the same extent as they apply to the department.
[Pre-1997 Recodification Citation: 31-6-4-10(a).]
As added by P.L.1-1997, SEC.17. Amended by P.L.145-2006, SEC.294; P.L.146-2008, SEC.588; P.L.236-2013, SEC.1.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 9. Filing of Petition Alleging That Child Is Child in Need of Services › 31-34-9-2. Authorization to File Petition; Evidence; Finding; Determination for Dual Status Assessment

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.
(3) Determine if a child should be referred for an assessment by a dual status assessment team as described in IC 31-41-1-5.
[Pre-1997 Recodification Citation: 31-6-4-10(b).]
As added by P.L.1-1997, SEC.17. Amended by P.L.66-2015, SEC.3.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 9. Filing of Petition Alleging That Child Is Child in Need of Services › 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.
[Pre-1997 Recodification Citation: 31-6-4-10(c).]
As added by P.L.1-1997, SEC.17.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 9. Filing of Petition Alleging That Child Is Child in Need of Services › 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.
[Pre-1997 Recodification Citation: 31-6-4-10(d).]
As added by P.L.1-1997, SEC.17.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 9. Filing of Petition Alleging That Child Is Child in Need of Services › 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.
[Pre-1997 Recodification Citation: 31-6-4-10(e).]
As added by P.L.1-1997, SEC.17.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 9. Filing of Petition Alleging That Child Is Child in Need of Services › 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.
[Pre-1997 Recodification Citation: 31-6-4-10(f).]
As added by P.L.1-1997, SEC.17.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 9. Filing of Petition Alleging That Child Is Child in Need of Services › 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.
[Pre-1997 Recodification Citation: 31-6-4-10(g).]
As added by P.L.1-1997, SEC.17. Amended by P.L.145-2006, SEC.295.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 9. Filing of Petition Alleging That Child Is Child in Need of Services › 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.
[Pre-1997 Recodification Citation: 31-6-4-11 part.]
As added by P.L.1-1997, SEC.17. Amended by P.L.129-2005, SEC.6.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 10. Initial Hearing on Child in Need of Services Petition and Issuance of Summons › 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.
[Pre-1997 Recodification Citation: 31-6-4-13.6(a).]
As added by P.L.1-1997, SEC.17.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 10. Initial Hearing on Child in Need of Services Petition and Issuance of Summons › 31-34-10-2.5. Repealed

As added by P.L.133-2000, SEC.5. Repealed by P.L.217-2001, SEC.16.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 10. Initial Hearing on Child in Need of Services Petition and Issuance of Summons › 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 31-34-1-3.5;
(E) IC 31-34-1-4;
(F) IC 31-34-1-5;
(G) IC 31-34-1-7; or
(H) 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.
[Pre-1997 Recodification Citation: 31-6-4-13.6(c).]
As added by P.L.1-1997, SEC.17. Amended by P.L.234-2005, SEC.180; P.L.46-2016, SEC.10; P.L.183-2017, SEC.43; P.L.86-2018, SEC.220.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 10. Initial Hearing on Child in Need of Services Petition and Issuance of Summons › 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.
[Pre-1997 Recodification Citation: 31-6-4-13.6(d).]
As added by P.L.1-1997, SEC.17.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 10. Initial Hearing on Child in Need of Services Petition and Issuance of Summons › 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.
[Pre-1997 Recodification Citation: 31-6-4-13.6(e).]
As added by P.L.1-1997, SEC.17.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 10. Initial Hearing on Child in Need of Services Petition and Issuance of Summons › 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 or IC 31-34-1-3.5, 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.
[Pre-1997 Recodification Citation: 31-6-4-13.6(f).]
As added by P.L.1-1997, SEC.17. Amended by P.L.46-2016, SEC.11.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 10. Initial Hearing on Child in Need of Services Petition and Issuance of Summons › 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 or IC 31-34-1-3.5, the juvenile court shall determine whether the child admits or denies the allegations. A failure to respond constitutes a denial.
[Pre-1997 Recodification Citation: 31-6-4-13.6(g).]
As added by P.L.1-1997, SEC.17. Amended by P.L.46-2016, SEC.12.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 10. Initial Hearing on Child in Need of Services Petition and Issuance of Summons › 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.
[Pre-1997 Recodification Citation: 31-6-4-13.6(h).]
As added by P.L.1-1997, SEC.17.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 10. Initial Hearing on Child in Need of Services Petition and Issuance of Summons › 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.
[Pre-1997 Recodification Citation: 31-6-4-13.6(i).]
As added by P.L.1-1997, SEC.17.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 11. Factfinding Hearing on Child in Need of Services Petition › 31-34-11-1. Hearing Requirements; Extension of Time; Notice; Opportunity to Be Heard

Sec. 1. (a) Except as provided in subsection (b), unless the allegations of a petition have been admitted, the juvenile court shall complete a factfinding hearing not more than sixty (60) days after a petition alleging that a child is a child in need of services is filed in accordance with IC 31-34-9.
(b) The juvenile court may extend the time to complete a factfinding hearing, as described in subsection (a), for an additional sixty (60) days if all parties in the action consent to the additional time.
(c) If the factfinding hearing is not held immediately after the initial hearing as provided under IC 31-34-10-9, the department shall provide notice of any factfinding hearing to each foster parent or other caretaker with whom the child has been placed for temporary care. The court shall provide a person who is required to be notified under this subsection an opportunity to be heard at the factfinding hearing.
(d) If the factfinding hearing is not held within the time set forth in subsection (a) or (b), upon a motion with the court, the court shall dismiss the case without prejudice.
[Pre-1997 Recodification Citation: 31-6-4-14(a) part.]
As added by P.L.1-1997, SEC.17. Amended by P.L.146-2006, SEC.46; P.L.138-2007, SEC.71; P.L.48-2012, SEC.59.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 11. Factfinding Hearing on Child in Need of Services Petition › 31-34-11-2. Judgment; Order of Predisposition Report; Scheduling of Dispositional Hearing; Dual Status Assessment Team Report and Recommendations

Sec. 2. (a) 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;
(3) schedule a dispositional hearing; and
(4) complete a dual status screening tool on the child, as described in IC 31-41-1-3.
(b) If a court determines a child is a dual status child, the court may refer the child for an assessment by a dual status assessment team as described in IC 31-41-1-5.
[Pre-1997 Recodification Citation: 31-6-4-14(b) part.]
As added by P.L.1-1997, SEC.17. Amended by P.L.66-2015, SEC.5.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 11. Factfinding Hearing on Child in Need of Services Petition › 31-34-11-3. Discharge of Child

Sec. 3. If the court finds that a child is not a child in need of services, the court shall discharge the child.
[Pre-1997 Recodification Citation: 31-6-4-14(c) part.]
As added by P.L.1-1997, SEC.17.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 11. Factfinding Hearing on Child in Need of Services Petition › 31-34-11-4. Judgment Entry; Continuance; Release From Juvenile Detention Facility Pending Entry of Judgment

Sec. 4. (a) Except as provided in subsection (b), at the close of all the evidence and before judgment is entered, the court may continue the 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 not later than thirty (30) days after the request is made.
(c) If the child is in a juvenile detention facility, the child shall be released not later than forty-eight (48) hours, excluding Saturdays, Sundays, and legal holidays, pending the entry of judgment. A child released from a juvenile detention facility pending the entry of judgment may be detained in a shelter care facility.
[Pre-1997 Recodification Citation: 31-6-4-14(d) part.]
As added by P.L.1-1997, SEC.17. Amended by P.L.35-1998, SEC.7; P.L.146-2006, SEC.47.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 12. Findings, Presumptions, and Evidence › 31-34-12-1. Burden of Proof of Delinquent Act or Crime

Sec. 1. A finding by a juvenile court that a child committed a delinquent act, or that an adult committed a crime must be based upon proof beyond a reasonable doubt.
[Pre-1997 Recodification Citation: 31-6-7-13(a) part.]
As added by P.L.1-1997, SEC.17.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 12. Findings, Presumptions, and Evidence › 31-34-12-2. Burden of Proof in Proceedings to Terminate Parental Rights

Sec. 2. Except as provided in IC 31-35-2-4.5(d), a finding in a proceeding to terminate parental rights must be based upon clear and convincing evidence.
[Pre-1997 Recodification Citation: 31-6-7-13(a) part.]
As added by P.L.1-1997, SEC.17. Amended by P.L.35-1998, SEC.8.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 12. Findings, Presumptions, and Evidence › 31-34-12-3. Burden of Proof in Other Cases

Sec. 3. A finding not covered by section 1 or 2 of this chapter must be based upon a preponderance of the evidence.
[Pre-1997 Recodification Citation: 31-6-7-13(a) part.]
As added by P.L.1-1997, SEC.17.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 12. Findings, Presumptions, and Evidence › 31-34-12-4. Presumption That Child Is Child in Need of Services

Sec. 4. A rebuttable presumption is raised that the child is a child in need of services because of an act or omission of the child's parent, guardian, or custodian if the state introduces competent evidence of probative value that:
(1) the child has been injured;
(2) at the time the child was injured, the parent, guardian, or custodian:
(A) had the care, custody, or control of the child; or
(B) had legal responsibility for the care, custody, or control of the child;
(3) the injury would not ordinarily be sustained except for the act or omission of a parent, guardian, or custodian; and
(4) there is a reasonable probability that the injury was not accidental.
[Pre-1997 Recodification Citation: 31-6-7-13(b).]
As added by P.L.1-1997, SEC.17. Amended by P.L.48-2012, SEC.60.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 12. Findings, Presumptions, and Evidence › 31-34-12-4.5. Presumption if Living in Household With Adult Who Committed or Has Been Charged With Specified Offense

Sec. 4.5. (a) There is a rebuttable presumption that a child is a child in need of services if the state establishes that the child lives in the same household as an adult who:
(1) committed an offense described in IC 31-34-1-2, IC 31-34-1-3, or IC 31-34-1-3.5 against a child and the offense resulted in a conviction or a judgment under IC 31-34-11-2; or
(2) has been charged with an offense described in IC 31-34-1-2, IC 31-34-1-3, or IC 31-34-1-3.5 against a child and is awaiting trial.
(b) The following may not be used as grounds to rebut the presumption under subsection (a):
(1) The child who is the victim of the offense described in IC 31-34-1-2 or IC 31-34-1-3 is not genetically related to the adult who committed the act, but the child presumed to be the child in need of services under this section is genetically related to the adult who committed the act.
(2) The child who is the victim of the offense described in IC 31-34-1-2 or IC 31-34-1-3 differs in age from the child presumed to be the child in need of services under this section.
(c) This section does not affect the ability to take a child into custody or emergency custody under IC 31-34-2 if the act of taking the child into custody or emergency custody is not based upon a presumption established under this section. However, if the presumption established under this section is the sole basis for taking a child into custody or emergency custody under IC 31-34-2, the court first must find cause to take the child into custody or emergency custody following a hearing in which the parent, guardian, or custodian of the child is accorded the rights described in IC 31-34-4-6(a)(2) through IC 31-34-4-6(a)(5).
As added by P.L.18-2004, SEC.2. Amended by P.L.16-2016, SEC.2; P.L.46-2016, SEC.13; P.L.71-2018, SEC.2.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 34. Juvenile Law: Children in Need of Services › Chapter 12. Findings, Presumptions, and Evidence › 31-34-12-5. Admissibility of Evidence of Prior or Subsequent Acts or Omissions

Sec. 5. Evidence that a prior or subsequent act or omission by a parent, guardian, or custodian injured or neglected a child is admissible in proceedings alleging that a child is a child in need of services to show the following:
(1) Intent, guilty knowledge, the absence of mistake or accident, identification, the existence of a common scheme or plan, or other similar purposes.
(2) A likelihood that the act or omission of the parent, guardian, or custodian is responsible for the child's current injury or condition.
[Pre-1997 Recodification Citation: 31-6-7-13(c).]
As added by P.L.1-1997, SEC.17. Amended by P.L.128-2012, SEC.160.