Indiana § 31-37-12-2 - Initial hearing; service of petition and summons; notice; determination of referral for dual status assessment

§ 31-37-12-2. Initial hearing; service of petition and summons; notice; determination of referral for dual status assessment

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, or guardian ad litem.

(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) The prosecuting attorney or the probation department of the juvenile court shall provide notice of the time, place, and purpose of the initial hearing scheduled or held under this section to each foster parent or other caretaker with whom the child has been placed for temporary care under IC 31-37-5 or IC 31-37-7. The court shall:

(1) provide a:

(A) person for whom a summons is required to be issued under subsection (b); and

(B) person 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.

(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. In making its determination, the court shall consider the length of time since the delinquent act or the incident of abuse or neglect.

(f) If the court refers the child for an assessment by a dual status assessment team, the court shall schedule an additional initial hearing on the petition if the court refers a child to be assessed by a dual status assessment team unless the court:

(1) grants an extension of time due to extraordinary circumstances; and

(2) states the extraordinary circumstances in a written court order.

[Pre-1997 Recodification Citations: 31-6-4-13(b); 31-6-7-4 part.]

As added by P.L.1-1997, SEC.20. Amended by P.L.138-2007, SEC.82; P.L.66-2015, SEC.13.