Sec. 8. (a) A person representing the interests of the state may file a motion to dismiss any petition that the person has filed under this chapter.
(b) If a person files a motion to dismiss under subsection (a), the person must provide to the court a statement that sets forth the reasons the person is requesting that the petition be dismissed.
(c) Not later than ten (10) days after the motion to dismiss is filed under subsection (a), the court shall:
(1) summarily grant the motion to dismiss; or
(2) set a date for a hearing on the motion to dismiss.
(d) If the court sets a hearing on the motion to dismiss under subsection (c)(2), the court may appoint:
(1) a guardian ad litem;
(2) a court appointed special advocate; or
(3) both a guardian ad litem and a court appointed special advocate;
to represent and protect the best interests of the child.
[Pre-1997 Recodification Citation: 31-6-4-11 part.]
As added by P.L.1-1997, SEC.17. Amended by P.L.129-2005, SEC.6.
Structure Indiana Code
Title 31. Family Law and Juvenile Law
Article 34. Juvenile Law: Children in Need of Services
Chapter 9. Filing of Petition Alleging That Child Is Child in Need of Services
31-34-9-3. Petition; Verification and Contents
31-34-9-4. Error in or Omission of Citation; Effect
31-34-9-5. Written Request That Child Be Taken Into Custody; Evidence; Finding
31-34-9-8. Dismissal on Motion of Person Representing Interests of State