Ind. Code ch. 31-34-10

in effect

Ind. Code § 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.

Ind. Code § 31-34-10-2 Initial hearing; service of petition and summons; determination of referral for dual status assessment; CHINS petition; additional initial hearings

Sec. 2. (a) The juvenile court shall hold an initial hearing on each petition within ten (10) days after the filing of the 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 juvenile court shall determine if a child should be referred for an assessment by a dual status assessment team as described in IC 31-41-1-5. In making its determination, the court shall consider the length of time since the delinquent act or the incident of abuse or neglect. (f) 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, including if the court refers a child to be assessed by a dual status assessment team. An additional initial hearing shall be conducted if the court refers a child to be assessed by a dual status assessment team unless the court has: (1) granted an extension of time due to extraordinary circumstances; and (2) stated the extraordinary circumstances in a written court order. (g) Except for cases in which a child has been referred for an assessment by a dual status assessment team, 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. (h) 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. (i) 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. (j) 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. (k) 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. (l) An additional initial hearing under subsection (k) 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. [Pre-1997 Recodification Citations: 31-6-4-13.6(b); 31-6-7-4 part.] 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; P.L.48-2012, SEC.58; P.L.66-2015, SEC.4.

Ind. Code § 31-34-10-2.5 Repealed

As added by P.L.133-2000, SEC.5. Repealed by P.L.217-2001, SEC.16.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/31Fetched: 10/17/2026