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:

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Terms Used In Indiana Code 31-34-10-3

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
(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.

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