§ 31-34-4-6 — Duty to inform parent, custodian, or guardian of legal rights

Indiana § 31-34-4-6

• Jurisdiction: Indiana
• Art. 34: JUVENILE LAW: CHILDREN IN NEED OF
• Ch. 4: Temporary Placement of Child Taken Into Custody

Text

(a) The department shall submit written
information to a parent, custodian, or guardian of a child who is alleged
to be abused or neglected regarding the following legal rights of the
parent, custodian, or guardian:
(1) The right to have a detention hearing held by a court within
forty-eight (48) hours after the child's removal from the home and
to request return of the child at the hearing.
(2) The right to:
(A) be represented by an attorney;
(B) cross examine witnesses; and
(C) present evidence on the parent's, custodian's, or guardian's
own behalf;
at each court proceeding on a petition alleging that the child is a
child in need of services. The parent, guardian, or custodian has
the right to be represented by a court appointed attorney under
clause (A) upon the request of the parent, guardian, or custodian
if the court finds that the parent, guardian, or custodian does not
have sufficient financial means for obtaining representation as
described in IC 34-10-1.
(3) The right not to make statements that incriminate the parent,
custodian, or guardian and that an incriminating statement may be
used during a court proceeding on a petition alleging that the
child is a child in need of services.
(4) The right to request to have the case reviewed by the child
protection team under IC 31-33-3-6.
(5) The right to be advised that after July 1, 1999, a petition to
terminate the parent-child relationship must be filed whenever a
child has been removed from the child's parent and has been
under the supervision of the department for at least fifteen (15)
months of the most recent twenty-two (22) months.
(b) The department shall submit the written information under
subsection (a) to the child's parent, guardian, or custodian at the time:
(1) the child is taken into custody; or
(2) the department files a petition alleging that the child is a child
in need of services;
whichever occurs earlier.
[Pre-1997 Recodification Citation: 31-6-4-6.1.]

Legislative History

As added by P.L.1-1997, SEC.17. Amended by P.L.35-1998, SEC.5; P.L.145-2006, SEC.291.