2006 Indiana Code - CHAPTER 2. CONTINUING JURISDICTION
IC 31-30-2Chapter 2. Continuing Jurisdiction
IC 31-30-2-1
Continuing juvenile court jurisdiction
31-30-2-1 Sec. 1. (a) Except as provided in subsections (b) and
(c), the juvenile court's jurisdiction over a delinquent child or a child
in need of services and over the child's parent, guardian, or custodian
continues until:
(1) the child becomes twenty-one (21) years of age, unless the
court discharges the child and the child's parent, guardian, or
custodian at an earlier time; or
(2) guardianship of the child is awarded to the department of
correction.
(b) The juvenile court may, on its own motion, after guardianship
of a child is awarded to the department of correction, reinstate the
court's jurisdiction for the purpose of ordering the child's parent,
guardian, or custodian to participate in programs operated by or
through the department of correction.
(c) The juvenile court's jurisdiction over a parent or guardian of
the estate of a child under this section continues until the parent or
guardian of the estate has satisfied the financial obligation of the
parent or guardian of the estate that is imposed under IC 31-40 (or
IC 31-6-4-18 before its repeal).
(d) The jurisdiction of the juvenile court over a proceeding
described in IC 31-30-1-1(10) for a guardianship of the person
continues until the earlier of the date that:
(1) the juvenile court terminates the guardianship of the person;
or
(2) the child becomes:
(A) nineteen (19) years of age, if a child who is at least
eighteen (18) years of age is a full-time student in a
secondary school or the equivalent level of vocational or
technical training; or
(B) eighteen (18) years of age, if clause (A) does not apply.
If the guardianship of the person continues after the child becomes
the age specified in subdivision (2), the juvenile court shall transfer
the guardianship of the person proceedings to a court having probate
jurisdiction in the county in which the guardian of the person resides.
If the juvenile court has both juvenile and probate jurisdiction, the
juvenile court may transfer the guardianship of the person
proceedings to the probate docket of the court.
(e) The jurisdiction of the juvenile court to enter, modify, or
enforce a support order under IC 31-40-1-5 continues during the time
that the court retains jurisdiction over a guardianship of the person
proceeding described in IC 31-30-1-1(10).
(f) At any time, a juvenile court may, with the consent of a
probate court, transfer to the probate court guardianship of the person
proceedings and any related support order initiated in the juvenile
court.
As added by P.L.1-1997, SEC.13. Amended by P.L.217-2001, SEC.4.
IC 31-30-2-2
Notice of child's release from custody of department of
correction
31-30-2-2 Sec. 2. If the department of correction is awarded
guardianship of a child under section 1(a)(2) of this chapter (or
IC 31-6-2-3(a)(2) before its repeal), the department of correction
shall notify the court awarding the guardianship when the department
will release the child from the department's custody. The notification
must be sent to the court at least ten (10) days before the child's
release.
As added by P.L.1-1997, SEC.13.
IC 31-30-2-3
Sua sponte reinstatement of court's jurisdiction; modification of
decree
31-30-2-3 Sec. 3. After receiving notification under section 2 of
this chapter (or IC 31-6-2-3(b) before its repeal), a juvenile court
may within thirty (30) days after notification, on the court's own
motion, reinstate jurisdiction over the child for the purpose of
modifying under IC 31-34-23 or IC 31-37-22 the court's original
dispositional decree.
As added by P.L.1-1997, SEC.13.
IC 31-30-2-4
Petition for reinstatement of court's jurisdiction; modification
31-30-2-4 Sec. 4. The department of correction may petition the
court to reinstate the court's jurisdiction over the child and the child's
parent, guardian, or custodian to modify the court's decree under
IC 31-34-23 or IC 31-37-22 (or IC 31-6-7-16 before its repeal) or
order the child's parent, guardian, or custodian to participate in
programs operated by or through the department of correction.
As added by P.L.1-1997, SEC.13.
IC 31-30-2-5
Satisfaction of restitution order
31-30-2-5 Sec. 5. If any part of an order of restitution remains
unpaid at the time a child is released by the department of correction,
the court may reinstate jurisdiction over the child and place the child
under the supervision of the probation department until the
restitution order is satisfied.
As added by P.L.1-1997, SEC.13.
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