CHAPTER 11. FACTFINDING HEARING ON CHILD IN NEED OF SERVICES PETITION
IC 31-34-11
Chapter 11. Factfinding Hearing on Child in Need of Services
Petition
IC 31-34-11-1
Hearing requirements; extension of time; notice; opportunity to be
heard
Sec. 1. (a) Except as provided in subsection (b), unless the
allegations of a petition have been admitted, the juvenile court shall
complete a factfinding hearing not more than sixty (60) days after a
petition alleging that a child is a child in need of services is filed in
accordance with IC 31-34-9.
(b) The juvenile court may extend the time to complete a
factfinding hearing, as described in subsection (a), for an additional
sixty (60) days if all parties in the action consent to the additional
time.
(c) If the factfinding hearing is not held immediately after the
initial hearing as provided under IC 31-34-10-9, the department shall
provide notice of any factfinding hearing to each foster parent or
other caretaker with whom the child has been placed for temporary
care. The court shall provide a person who is required to be notified
under this subsection an opportunity to be heard at the factfinding
hearing.
As added by P.L.1-1997, SEC.17. Amended by P.L.146-2006,
SEC.46; P.L.138-2007, SEC.71.
IC 31-34-11-2
Judgment; order of predisposition report; scheduling of
dispositional hearing
Sec. 2. If the court finds that a child is a child in need of services,
the court shall:
(1) enter judgment accordingly;
(2) order a predisposition report; and
(3) schedule a dispositional hearing.
As added by P.L.1-1997, SEC.17.
IC 31-34-11-3
Discharge of child
Sec. 3. If the court finds that a child is not a child in need of
services, the court shall discharge the child.
As added by P.L.1-1997, SEC.17.
IC 31-34-11-4
Judgment entry; continuance; release from juvenile detention
facility pending entry of judgment
Sec. 4. (a) Except as provided in subsection (b), at the close of all
the evidence and before judgment is entered, the court may continue
the case for not more than twelve (12) months.
(b) If the:
(1) child;
(2) child's parent, guardian, or custodian; or
(3) department;
requests that judgment be entered, the judgment shall be entered not
later than thirty (30) days after the request is made.
(c) If the child is in a juvenile detention facility, the child shall be
released not later than forty-eight (48) hours, excluding Saturdays,
Sundays, and legal holidays, pending the entry of judgment. A child
released from a juvenile detention facility pending the entry of
judgment may be detained in a shelter care facility.
As added by P.L.1-1997, SEC.17. Amended by P.L.35-1998, SEC.7;
P.L.146-2006, SEC.47.