§ 29-3-8-9 — Requirements, terms, and conditions included in order creating guardianship; requirements for modifying or terminating guardianship; notify and refer to department of child services; conduct of hearing

(a) A probate or juvenile court may include in
its order creating a guardianship of a minor the following:
(1) A requirement that the minor must reside with the guardian
until the guardianship is terminated or modified.
(2) Any terms and conditions that a parent must meet in order to
seek modification or termination of the guardianship.
(b) Except as provided in IC 29-3-12, if an order creating a
guardianship contains terms and conditions described in subsection
(a)(2), the court may modify or terminate the guardianship only if the
parent:
(1) complies with the terms and conditions; and
(2) proves the parent's current fitness to assume all parental
obligations by a preponderance of the evidence.
(c) If:
(1) a petition is filed for modification, resignation, or removal of
the guardian or termination of the guardianship before the parent
complies with the court ordered terms and conditions described
in subsection (a)(2); and
(2) the minor:
(A) was the subject of a petition alleging the child to be a child
in need of services; or
(B) is participating in a program of informal adjustment;
the court shall refer the petition to the department of child services for
the department of child services to determine the placement of the child
in accordance with the best interests of the child.
(d) A court shall notify the department of child services:
(1) if:
(A) the court appoints a guardian for a minor who:
(i) was the subject of a petition alleging the minor to be a
child in need of services; or
(ii) is participating in a program of informal adjustment; and
(B) a petition to modify or terminate the guardianship of the
minor or a petition regarding the death, resignation, or removal
of the guardian is filed; and
(2) of any hearings related to the petitions described under
subdivision (1)(B).
(e) If a minor was the subject of a petition alleging the minor to be
a child in need of services or is participating in a program of informal
adjustment, the court shall do the following at a hearing regarding a
petition filed under this section:
(1) Consider the position of the department of child services.
(2) If requested by the department of child services, allow the
department of child services to present evidence regarding:
(A) whether the guardianship should be modified or terminated;
(B) the fitness of the parent to provide for the care and
supervision of the minor at the time of the hearing;
(C) the appropriate care and placement of the child; and
(D) the best interests of the child.
(f) The department of child services or the proposed guardian shall
notify the court creating a guardianship if the department of child
services has approved financial assistance to a guardian for the benefit
of the protected person, as a component of child services (as defined in
IC 31-9-2-17.8(1)(E)). If the guardian will be provided assistance as a
component of child services, the court shall order the guardian to
provide financial support to the protected person to the extent the
following resources do not fully support the needs of the protected
person:
(1) The guardianship property of the protected person.
(2) Child support or other financial assistance received by the
guardian from the protected person's parent or parents.
(3) Periodic payments the guardian receives from the department
of child services for support of the protected person as set forth in
the department of child service's rules or the terms of the
guardianship assistance agreement.

Legislative History

As added by P.L.162-2011, SEC.3. Amended by P.L.48-2012, SEC.8.