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Indiana Code Title 31. Family Law and Juvenile Law § 31-34-21-4

Current as of January 02, 2024 | Updated by Findlaw Staff

Sec. 4. (a) Except as provided in subsection (f), at least seven (7) days before the periodic case review, including a case review that is a permanency hearing under section 7 of this chapter, the department shall provide notice of the review to each of the following:

(1) The child's parent, guardian, or custodian.

(2) An attorney who has entered an appearance on behalf of the child's parent, guardian, or custodian.

(3) A prospective adoptive parent named in a petition for adoption of the child filed under IC 31-19-2 if:

(A) each consent to adoption of the child that is required under IC 31-19-9-1 has been executed in the form and manner required by IC 31-19-9 and filed with the local office;

(B) the court having jurisdiction in the adoption case has determined under any applicable provision of IC 31-19-9 that consent to adoption is not required from a parent, guardian, or custodian;  or

(C) a petition to terminate the parent-child relationship between the child and any parent who has not executed a written consent to adoption under IC 31-19-9-2 has been filed under IC 31-35 and is pending.

(4) The child's foster parent or long term foster parent.

(5) Any other person who:

(A) the department has knowledge is currently providing care for the child;  and

(B) is not required to be licensed under IC 12-17.2 or IC 31-27 to provide care for the child.

(6) Any other suitable relative or person whom the department knows has had a significant or caretaking relationship to the child.

(b) The department shall present proof of service of the notice required by subsection (a) at the periodic case review.

(c) The department shall provide notices under this section as provided in IC 31-32-1-4.

(d) The court shall provide to a person described in subsection (a) an opportunity to be heard and to make any recommendations to the court in a periodic case review, including a permanency hearing under section 7 of this chapter.  The right to be heard and to make recommendations under this subsection includes:

(1) the right of a person described in subsection (a) to submit a written statement to the court that, if served upon all parties to the child in need of services proceeding and the persons described in subsection (a), may be made a part of the court record;  and

(2) the right to present oral testimony to the court and cross examine any of the witnesses at the hearing.

(e) The department and the office of judicial administration, in collaboration with foster parents and other stakeholders, shall prepare a form that may be used to provide written testimony to the court under this section.  The department shall post the form on the department's website.  Foster parents may provide written testimony to the court in a format other than the form described in this subsection.

(f) Except as provided in subsection (g), this section does not exempt the department from sending a notice of the review to each party to the child in need of services proceeding.

(g) If the parent of a safe haven infant does not disclose the parent's name as allowed by IC 31-34-2.5-1(c), the parent is not required to be notified of a proceeding described in subsection (a).

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Cite this article: FindLaw.com - Indiana Code Title 31. Family Law and Juvenile Law § 31-34-21-4 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-31-family-law-and-juvenile-law/in-code-sect-31-34-21-4/

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