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

§ 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.