Sec. 6. (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).]
As added by P.L.1-1997, SEC.13. Amended by P.L.145-2006, SEC.275; P.L.162-2011, SEC.40.
Structure Indiana Code
Title 31. Family Law and Juvenile Law
Article 30. Juvenile Law: Juvenile Court Jurisdiction
Chapter 1. Jurisdiction Generally
31-30-1-0.1. Application of Certain Amendments to Chapter
31-30-1-0.3. Transfer of Guardianship Matters to Juvenile Court
31-30-1-1. Exclusive Original Jurisdiction
31-30-1-2. Applicability of Juvenile Law to Certain Offenses
31-30-1-2.5. Persons Prohibited From Serving as Guardian or Custodian of a Child
31-30-1-3. Cases Involving Adults Charged With Crimes
31-30-1-5. Concurrent Original Jurisdiction With Probate Court
31-30-1-7. Juveniles Tried as Adults
31-30-1-8. Exclusive Jurisdiction of Juvenile Division of Marion Superior Court
31-30-1-10. Paternity Proceedings to Enforce Support
31-30-1-11. Transfer From Court Having Criminal Jurisdiction; Release on Recognizance; Detention