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

(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.]

Legislative History

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.