Indiana Code Title 16. Health § 16-39-3-8

Sec. 8. If an emergency exists in which a child is alleged to be a child in need of services under IC 31-34-1 and the department of child services seeks access to the mental health records of the parent, guardian, or custodian of the child as a part of a preliminary inquiry under IC 31-34-7, the department of child services may file a verified petition, which sets forth the facts the department of child services alleges constitute an emergency, seeking an emergency hearing under this section.  A request for access to a patient's mental health record under this section shall be heard by the juvenile court having jurisdiction under IC 31-30 through IC 31-40.  Notice of a hearing to be conducted under this section shall be served not later than twenty-four (24) hours before the hearing to all persons entitled to receive notice under section 4 of this chapter.  If actual notice cannot be given, the department of child services shall file with the court an affidavit stating that verbal notice or written notice left at the last known address of the respondent was attempted not less than twenty-four (24) hours before the hearing.  A hearing under this section shall be held not later than forty-eight (48) hours after the petition for an emergency hearing is filed.  The juvenile court shall enter written findings concerning the release or denial of the release of the mental health records of the parent, guardian, or custodian.  The juvenile court shall order the release of the mental health records if the court finds the following by a preponderance of the evidence: