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Ind. Code § 31-35-2-6

Request for hearing; timing of hearing; dismissal of petition

Applied in 9 court decisions — leading case Phelps v. Sybinsky (2000)

Most recently applied in In re Termination of the Parent-Child Relationship of M.P. (Minor Child) and K.P. (Mother) v. Indiana Department of Child Services (mem. dec.) (November 2018)

As added by P.L.1-1997, SEC.18

How often courts cite this section

199920002010201820
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. 6. (a) Except when a hearing is required after June 30, 1999, under section 4.5 of this chapter, the person filing the petition shall request the court to set the petition for a hearing. Whenever a hearing is requested under this chapter, the court shall:

(1) commence a hearing on the petition not more than ninety (90) days after a petition is filed under this chapter; and

(2) complete a hearing on the petition not more than one hundred eighty (180) days after a petition is filed under this chapter.

(b) If a hearing is not held within the time set forth in subsection (a):

(1) upon filing of a motion with the court by a party; and

(2) absent a finding by the court that the extension of the deadline for the hearing is necessitated by:

(A) unanticipated, emergent circumstances;

(B) the circumstances of the case; or

(C) the Indiana Rules of Trial Procedure;

the court shall dismiss the petition to terminate the parent-child relationship without prejudice.

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