2016 Indiana Code TITLE 31. FAMILY LAW AND JUVENILE LAW ARTICLE 32. JUVENILE LAW: JUVENILE COURT PROCEDURES CHAPTER 3. GUARDIANS AD LITEM AND COURT APPOINTED SPECIAL ADVOCATES
Download as PDF
IC 31-32-3
Chapter 3. Guardians Ad Litem and Court Appointed Special
Advocates
IC 31-32-3-1
Appointment
Sec. 1. (a) The juvenile court may appoint a guardian ad litem or
a court appointed special advocate, or both, for the child at any time.
(b) The juvenile court may appoint an early intervention advocate
for a child who is participating in a preventative program for at-risk
children that has been established by the court under section 11 of
this chapter.
As added by P.L.1-1997, SEC.15. Amended by P.L.183-2011, SEC.5.
IC 31-32-3-2
Persons ineligible for appointment
Sec. 2. A court may not appoint a party to the proceedings, an
employee of a party to the proceedings, or a representative of a party
to the proceedings as the:
(1) guardian ad litem;
(2) court appointed special advocate;
(3) guardian ad litem program; or
(4) court appointed special advocate program;
for a child involved in the proceedings.
As added by P.L.1-1997, SEC.15.
IC 31-32-3-3
Appointment of child's attorney as guardian ad litem or court
appointed special advocate
Sec. 3. A guardian ad litem or court appointed special advocate
need not be an attorney, but the attorney representing the child may
be appointed the child's guardian ad litem or court appointed special
advocate.
As added by P.L.1-1997, SEC.15.
IC 31-32-3-4
Representation by attorney
Sec. 4. The guardian ad litem or the court appointed special
advocate may be represented by an attorney.
As added by P.L.1-1997, SEC.15.
IC 31-32-3-5
Court appointment of attorney
Sec. 5. If necessary to protect the child's interests, the court may
appoint an attorney to represent the guardian ad litem or the court
appointed special advocate. The court may only appoint one (1)
attorney under this section.
As added by P.L.1-1997, SEC.15.
Indiana Code 2016
IC 31-32-3-6
Representation of best interests of child
Sec. 6. A guardian ad litem or court appointed special advocate
shall represent and protect the best interests of the child.
As added by P.L.1-1997, SEC.15.
IC 31-32-3-7
Officers of the court
Sec. 7. The guardian ad litem or the court appointed special
advocate, or both, shall be considered officers of the court for the
purpose of representing the child's interests.
As added by P.L.1-1997, SEC.15.
IC 31-32-3-8
Term of appointment
Sec. 8. (a) A guardian ad litem or court appointed special
advocate serves until the juvenile court enters an order for discharge
under IC 31-34-21-11 or IC 31-37-20-7.
(b) An early intervention advocate serves until the plan developed
for an at-risk child under section 11 of this chapter has been
terminated.
As added by P.L.1-1997, SEC.15. Amended by P.L.183-2011, SEC.6.
IC 31-32-3-9
Fees
Sec. 9. If any fees arise, payment shall be made under IC 31-40.
As added by P.L.1-1997, SEC.15.
IC 31-32-3-10
Civil immunity; employee of or volunteer for an early intervention
advocate; preventative program staff member
Sec. 10. Except for gross misconduct, if:
(1) a guardian ad litem;
(2) a court appointed special advocate;
(3) an employee of a county guardian ad litem or court
appointed special advocate program;
(4) a volunteer for a county guardian ad litem or court
appointed special advocate program;
(5) an early intervention advocate; or
(6) an employee of or volunteer for an early intervention
advocate or staff member of a preventative program established
by the court under section 11 of this chapter;
performs the person's duties in good faith, the person is immune from
any civil liability that may occur as a result of that person's
performance during the time that the person is acting within the
scope of the person's duties.
As added by P.L.1-1997, SEC.15. Amended by P.L.183-2011, SEC.7.
Indiana Code 2016
IC 31-32-3-11
Voluntary preventative program for at-risk children; criminal
history check of staff and early intervention advocate; authorized
actions; confidential information; request for assistance; civil and
criminal immunity
Sec. 11. (a) A juvenile court may establish a voluntary
preventative program for at-risk children.
(b) A juvenile court that establishes a program under subsection
(a) may, after conducting a criminal history check of every individual
who is likely to have contact with a child, appoint staff and an early
intervention advocate to implement, coordinate, and carry out the
purposes of the program. The court may not appoint an individual
under this subsection if the results of the criminal history check
disclose that the individual has a record of:
(1) a conviction for a felony;
(2) a conviction for a misdemeanor relating to the health and
safety of a child; or
(3) a juvenile adjudication for an act that, if committed by an
adult, would be a felony listed in IC 31-27-4-13(a).
(c) The program staff or an early intervention advocate appointed
under subsection (b) may:
(1) receive information concerning an at-risk child from any
person; and
(2) use the information received under subdivision (1) to create,
implement, and maintain an individualized plan for the at-risk
child and the child's family if the child's parent, guardian, or
custodian has consented to the participation of the child in the
program. The individualized plan created under this subdivision
may include a program of counseling, tutoring, or mentoring.
(d) All information received under the program by the program
staff or an early intervention advocate:
(1) is confidential; and
(2) may be disclosed only to the following:
(A) Program staff or an early intervention advocate
appointed to the program under subsection (b).
(B) Any person or entity engaged by a person described in
clause (A) in creating, implementing, and maintaining a plan
for an at-risk child and the child's family.
(C) The juvenile court.
(e) The privileged communication between:
(1) a husband and wife;
(2) a health care provider and the health care provider's patient;
(3) a juvenile client and a:
(A) licensed social worker;
(B) licensed clinical social worker;
(C) licensed marriage and family therapist;
(D) licensed mental health counselor;
(E) licensed addiction counselor; or
Indiana Code 2016
(F) licensed clinical addiction counselor;
(4) a school counselor and a student; or
(5) a school psychologist and a student;
may not prevent an individual described in this subsection from
reporting to, requesting assistance from, or cooperating with program
staff or an early intervention advocate under this section.
(f) Any individual may request that a child receive assistance
under a program established under subsection (a) if the individual
believes a child may be an at-risk child.
(g) After receiving a request that a child receive assistance under
a program described in subsection (a), or after receiving information
that a child may be an at-risk child, program staff or an early
intervention advocate shall determine whether the child would
benefit from the program. If the program staff or early intervention
advocate determines that the child would benefit from the program,
the staff or early intervention advocate shall inform the parent,
guardian, or custodian of the determination and request that the
parent, guardian, or custodian permit the child to participate in the
program. The child (and the parent, guardian, or custodian) may
participate in the program only with the consent of the parent,
guardian, or custodian.
(h) A person who:
(1) makes a good faith request under subsection (f);
(2) in good faith provides information concerning a child to
program staff or an early intervention advocate appointed under
subsection (b); or
(3) in good faith participates in a plan under this section;
is immune from civil or criminal liability.
(i) Except as provided under IC 31-33-5, no information received
under the program by the program staff or an early intervention
advocate may be used against the child in a criminal or civil
proceeding.
As added by P.L.183-2011, SEC.8.
Indiana Code 2016
Disclaimer: These codes may not be the most recent version. Indiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
