Sec. 3. Before complying with the other requirements of this chapter, the juvenile court shall first determine whether the following conditions make it appropriate to appoint a guardian ad litem or a court appointed special advocate, or both, for the child:
(1) If the child is alleged to be a child in need of services:
(A) under IC 31-34-1-6;
(B) under IC 31-34-1-10 or IC 31-34-1-11;
(C) due to the inability, refusal, or neglect of the child's parent, guardian, or custodian to supply the child with the necessary medical care; or
(D) because the location of both of the child's parents is unknown;
the court shall appoint a guardian ad litem or court appointed special advocate, or both, for the child.
(2) If the child is alleged to be a child in need of services under:
(A) IC 31-34-1-1;
(B) IC 31-34-1-2;
(C) IC 31-34-1-3;
(D) IC 31-34-1-3.5;
(E) IC 31-34-1-4;
(F) IC 31-34-1-5;
(G) IC 31-34-1-7; or
(H) IC 31-34-1-8;
the court shall appoint a guardian ad litem, court appointed special advocate, or both, for the child.
(3) If the parent, guardian, or custodian of a child denies the allegations of a petition under section 6 of this chapter, the court shall appoint a guardian ad litem, court appointed special advocate, or both, for the child.
[Pre-1997 Recodification Citation: 31-6-4-13.6(c).]
As added by P.L.1-1997, SEC.17. Amended by P.L.234-2005, SEC.180; P.L.46-2016, SEC.10; P.L.183-2017, SEC.43; P.L.86-2018, SEC.220.
Structure Indiana Code
Title 31. Family Law and Juvenile Law
Article 34. Juvenile Law: Children in Need of Services
Chapter 10. Initial Hearing on Child in Need of Services Petition and Issuance of Summons
31-34-10-1. Application of Chapter
31-34-10-3. Appointment of Guardian Ad Litem or Court Appointed Special Advocate
31-34-10-5. Duty to Inform Parent or Guardian of Estate of Effect of Adjudication
31-34-10-6. Admission or Denial of Allegations by Parent, Guardian, or Custodian
31-34-10-7. Child's Admission or Denial of Allegations
31-34-10-8. Procedure Following Admission of Allegations by Parent, Guardian, or Custodian
31-34-10-9. Dispositional Hearing; Factfinding Hearing; Consent