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Ind. Code § 31-34-9-1

Request for authorization to file petition; representation of interests of state; deadlines and procedures

Applied in 3 court decisions — leading case Christopher Smith v. State of Indiana (2014)

Most recently applied in Christopher Smith v. State of Indiana (March 2014)

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

How often courts cite this section

20072010201410
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

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.

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