2018 Indiana Code
TITLE 31. Family Law and Juvenile Law
ARTICLE 34. JUVENILE LAW: CHILDREN IN NEED OF SERVICES
CHAPTER 9. Filing of Petition Alleging That Child Is Child in Need of Services
31-34-9-1. Request for authorization to file petition; representation of interests of state; deadlines and procedures

Universal Citation: IN Code § 31-34-9-1 (2018)
IC 31-34-9-1 Request for authorization to file petition; representation of interests of state; deadlines and procedures

     Sec. 1. (a) The attorney for the department:

(1) may request the juvenile court to authorize the filing of a petition alleging that a child is a child in need of services; and

(2) shall represent the interests of the state at this proceeding and at all subsequent proceedings on the petition.

     (b) A prosecuting attorney:

(1) may request the juvenile court to authorize the filing of a petition alleging that a child is a child in need of services under IC 31-34-1; and

(2) shall represent the interests of the state at this proceeding and at all subsequent proceedings on the petition, unless the prosecuting attorney and the department agree that the department shall represent the interests of the state at this proceeding and at all subsequent proceedings on the petition.

     (c) If a prosecuting attorney is representing the interests of the state at a subsequent proceeding after a petition is filed under this section, all deadlines and procedures concerning children in need of services under this article apply to the prosecuting attorney to the same extent as they apply to the department.

[Pre-1997 Recodification Citation: 31-6-4-10(a).]

As added by P.L.1-1997, SEC.17. Amended by P.L.145-2006, SEC.294; P.L.146-2008, SEC.588; P.L.236-2013, SEC.1.

 

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