§ 31-30-1-6 — Probate court jurisdiction over guardianship of person less than 18 years of age; additional proceedings

Indiana § 31-30-1-6

• Jurisdiction: Indiana
• Art. 30: JUVENILE LAW: JUVENILE COURT
• Ch. 1: Jurisdiction Generally

Text

(a) Subject to subsections (b) and (c), this
article does not prohibit a probate court from exercising its jurisdiction
over guardianship of a person who is less than eighteen (18) years of
age.
(b) If allegations in the petition for guardianship or allegations
produced at guardianship proceedings indicate that the person for
whom the guardianship is requested meets the definition of a child in
need of services under IC 31-34-1, the probate court on its own motion
or at the request of a party shall:
(1) send the petition for guardianship or the record of
guardianship to the department of child services; and
(2) direct the department of child services to initiate an
assessment to determine whether the person for whom the
guardianship is requested is a child in need of services.
(c) The probate court retains jurisdiction over the matter until the
juvenile court authorizes the filing of a petition under IC 31-34-9.
(d) If a juvenile court:
(1) issues an order establishing or modifying a guardianship of a
minor; and
(2) requests additional proceedings regarding the guardianship of
the minor;
the probate court that retains jurisdiction over the case or another
appropriate court shall conduct additional proceedings.
[Pre-1997 Recodification Citation: 31-6-2-1.1(f).]

Legislative History

As added by P.L.1-1997, SEC.13. Amended by P.L.145-2006, SEC.275; P.L.162-2011, SEC.40.