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Ind. Code § 31-34-23-3

Notice and hearing requirements; change in out-of-home placement; temporary order for emergency change of placement

Applied in 1 court decision — leading case In the Matter of: Ale.P., Ala.P., and J.P., Children Alleged to be in Need of Services, C.R. and A.R. v. The Indiana Department of Child Services (2017)

Most recently applied in In the Matter of: Ale.P., Ala.P., and J.P., Children Alleged to be in Need of Services, C.R. and A.R. v. The Indiana Department of Child Services (July 2017)

As added by P.L.1-1997, SEC.17

Sec. 3. (a) If the department determines that the out-of-home placement of a child is placing the child's life or health in imminent danger, the department shall either:

(1) change the placement of the child and file an emergency motion with the court; or

(2) request the court to issue a temporary order for an emergency change in the child's placement.

(b) If the department acts under subsection (a), the department shall give notice to all persons affected. The department's notice must state that the person affected may file a written objection not later than ten (10) days after service of the department's notice. If the person affected files a timely objection, the juvenile court shall hold a hearing on the question.

(c) If the motion requests any other modification, the department shall give notice to the persons affected, and the juvenile court shall hold a hearing on the question.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.