§ 31-30-2-1 — Continuing juvenile court jurisdiction

Indiana § 31-30-2-1

• Jurisdiction: Indiana
• Art. 30: JUVENILE LAW: JUVENILE COURT
• Ch. 2: Continuing Jurisdiction

Text

(a) Except as provided in subsections (b), (c),
and (h), the juvenile court's jurisdiction over a delinquent child or a
child in need of services and over the child's parent, guardian, or
custodian continues until:
(1) the child becomes twenty-one (21) years of age, unless the
court discharges the child and the child's parent, guardian, or
custodian at an earlier time; or
(2) guardianship of the child is awarded to the department of
correction.
(b) The juvenile court may, on its own motion, after guardianship of
a child is awarded to the department of correction, reinstate the court's
jurisdiction for the purpose of ordering the child's parent, guardian, or
custodian to participate in programs operated by or through the
department of correction.
(c) The juvenile court's jurisdiction over a parent or guardian of the
estate of a child under this section continues until the parent or
guardian of the estate has satisfied the financial obligation of the parent
or guardian of the estate that is imposed under IC 31-40 (or IC 31-6-4-18 before its repeal).
(d) Except as provided in subsection (g), the jurisdiction of the
juvenile court over a proceeding described in IC 31-30-1-1(a)(10) for
a guardianship of the person continues until the earlier of the date that:
(1) the juvenile court terminates the guardianship of the person;
or
(2) the child becomes:
(A) nineteen (19) years of age, if a child who is at least eighteen
(18) years of age is a full-time student in a secondary school or
the equivalent level of vocational or career and technical
education; or
(B) eighteen (18) years of age, if clause (A) does not apply.
If the guardianship of the person continues after the child becomes the
age specified in subdivision (2), the juvenile court shall transfer the
guardianship of the person proceedings to a court having probate
jurisdiction in the county in which the guardian of the person resides.
If the juvenile court has both juvenile and probate jurisdiction, the
juvenile court may transfer the guardianship of the person proceedings
to the probate docket of the court.
(e) The jurisdiction of the juvenile court to enter, modify, or enforce
a support order under IC 31-40-1-5 continues during the time that the
court retains jurisdiction over a guardianship of the person proceeding
described in IC 31-30-1-1(a)(10).
(f) At any time, a juvenile court may, with the consent of a probate
court, transfer to the probate court guardianship of the person
proceedings and any related support order initiated in the juvenile
court.
(g) A juvenile court may retain jurisdiction over an older youth, as
defined in IC 31-28-5.8-4, who is a recipient or beneficiary of:
(1) kinship guardianship assistance under Title IV-E of the federal
Social Security Act (42 U.S.C. 673), as amended; or
(2) other financial assistance provided to or for the benefit of a
child who:
(A) was previously adjudicated as a child in need of services or
delinquent child;
(B) is a protected person under a legal guardianship if IC 29-3-8-9(f) applies; and
(C) is approved for assistance under a rule or published policy
of the department.
(h) Upon receipt of a motion under IC 31-37-22-11, the juvenile
court shall reinstate its jurisdiction to conduct a hearing and issue an
appropriate order in accordance with IC 31-37-22-11.
[Pre-1997 Recodification Citation: 31-6-2-3(a).]

Legislative History

As added by P.L.1-1997, SEC.13. Amended by P.L.217-2001, SEC.4; P.L.234-2007, SEC.167; P.L.48-2012, SEC.36; P.L.86-2017, SEC.4; P.L.115-2023, SEC.8.