2013 Indiana Code
TITLE 12. HUMAN SERVICES
ARTICLE 26. VOLUNTARY AND INVOLUNTARY TREATMENT OF MENTALLY ILL INDIVIDUALS
CHAPTER 8. COMMITMENT OF A CHILD
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IC 12-26-8
Chapter 8. Commitment of a Child
IC 12-26-8-1
Appointment of advocate or guardian; persons authorized to be
appointed as advocate; representation and protection of child's
best interests
Sec. 1. (a) A juvenile court that conducts a proceeding under this
article shall appoint a court appointed special advocate, a guardian
ad litem, or both for the child before the court begins a proceeding
under this article.
(b) An advocate is not required to be an attorney.
(c) An attorney representing the child may be appointed as the
child's advocate.
(d) The court may not appoint any of the following to be a child's
advocate:
(1) A party to the proceeding.
(2) An employee of a party to the proceeding.
(3) A representative of a party to the proceeding.
(e) An advocate shall represent and protect the best interests of
the child.
As added by P.L.2-1992, SEC.20.
IC 12-26-8-2
Advocate; officer of juvenile court
Sec. 2. A child's advocate is an officer of the juvenile court for the
purpose of representing the child's interests.
As added by P.L.2-1992, SEC.20.
IC 12-26-8-3
Representation of advocate by counsel; appointment of counsel
Sec. 3. (a) A child's advocate may be represented by an attorney.
(b) If necessary to protect the child's interests, the juvenile court
may appoint an attorney to represent an advocate of a child. The
court may appoint only one (1) attorney under this subsection.
As added by P.L.2-1992, SEC.20.
IC 12-26-8-4
Commitment of child; review by advocate; assistance provided by
facility superintendent
Sec. 4. (a) Within thirty (30) days after a child is first committed
to a facility by a juvenile court, the child's advocate shall do all of the
following:
(1) Visit the facility.
(2) Evaluate the services delivered to the child.
(3) Evaluate whether the commitment continues to be
appropriate for the child.
(b) The child's advocate shall conduct a review similar to that
required under subsection (a):
(1) sixty (60) days after the child is first committed;
(2) six (6) months after the child is first committed; and
(3) every six (6) months after the review required by
subdivision (2).
(c) The superintendent of the facility shall provide necessary
assistance to carry out the reviews required by this section.
As added by P.L.2-1992, SEC.20.
IC 12-26-8-5
Advocate reviews; report; recipients of report
Sec. 5. The child's advocate shall submit a report of each review
required by section 4 of this chapter to all of the following:
(1) The committing juvenile court.
(2) The superintendent of the facility.
(3) A county office that has wardship of the child.
(4) Each party to the commitment proceeding.
As added by P.L.2-1992, SEC.20. Amended by P.L.4-1993, SEC.204;
P.L.5-1993, SEC.217.
IC 12-26-8-6
Advocate; access to reports relevant to child; confidential reports
Sec. 6. (a) A child's advocate shall be given access to all reports
relevant to the child.
(b) IC 31-39-2 applies to the release of reports that are
confidential under IC 31-39-1.
As added by P.L.2-1992, SEC.20. Amended by P.L.1-1997, SEC.87.
IC 12-26-8-7
Payment of fees to be made under IC 31-6-4-18
Sec. 7. Payment of any fees shall be made under IC 31-40.
As added by P.L.2-1992, SEC.20. Amended by P.L.1-1997, SEC.88.
IC 12-26-8-8
Obligations of county offices to children under custody or
supervision committed to state institutions
Sec. 8. If a child under the custody or supervision of a county
office is committed to a state institution, the court may not release
the county office from the county office's obligations to the child
unless the court appoints a guardian for the child under IC 12-26-16.
As added by P.L.2-1992, SEC.20. Amended by P.L.4-1993, SEC.205;
P.L.5-1993, SEC.218.
IC 12-26-8-9
Repealed
(Repealed by P.L.128-2012, SEC.18.)
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