CHINS Deskbook (2001)
Legal Reference by Frances G. Hill and Derelle Watson-Duvall
Preface -
IMPORTANT INFORMATION - PLEASE READ and see Order Form for the 2009 Cumulative Supplement which is now available.
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Statutory Changes: The CHINS Deskbook 2001 was completed in April, 2001. It does not contain statutory changes made by the Indiana General Assembly after 2000. Case law in the CHINS Deskbook 2001 concludes with Guardianship of L.L., 745 N. E. 2d 222 (Ind. Ct. App. 2001). Your own research is needed to update this book with new statutes and case law. See also the Case Law Updates on our website (www.kidsvoicein.org) for description and analysis of cases on Adoption, CASA/GAL, CHINS, Guardianship/Third Party Custody, Paternity Establishment and Termination of the Parent-Child Relationship since May, 2001 and for Delinquency cases since January 2003.
Following are some of the statutory changes since this book was published in 2001:
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The definition of the CHINS abuse category, discussed at Chapter 1, page 15 at III. A., has been amended to include a rebuttable presumption of child endangerment if illegal manufacturing of a drug or controlled substance is occurring on the property where the child resides. See I .C. 31-34-1-2. See also I.C. 31-34-1-3 and new statute, I.C. 31-34-12-4.5, for an additional CHINS definition when a child is living in the same household with a child molester. See also “2004 Indiana CHINS (Child in Need of Services) Statutes” article on our website. |
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Juvenile court jurisdiction, discussed at Chapter 3, page 2 at II. B., has been amended to allow the juvenile court to have exclusive original jurisdiction over guardianship of the person when a child has been adjudicated a CHINS, a child remains the subject of a pending CHINS proceeding, and a permanency plan under I.C. 31-34-21-7 that provides for the appointment of a guardian of the person has been approved by the juvenile court. See I.C. 31-30-1-1 (10); I.C. 31-30-2-1(d); and I.C. 31-34-21-7.7. |
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The statutory amendment which gives juvenile court jurisdiction over guardianship at I.C. 31-30-1-1(10) may, in some circumstances, render moot the discussion in Chapter 14, page 4 at III. 3. (c). |
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The discussion on appointment of counsel for parents in CHINS proceedings in Chapter 2, page 15 at IV. C.3. et seq. is modified by the 2002 amendments to I.C. 34-10-1-2. The new statute allows the court to assign an attorney to an indigent person after the court considers certain factors listed at I.C. 34-10-1-2 (c), including the indigent person’s ability to investigate and present claims without an attorney, given the type and complexity of the facts and legal issues, the likelihood that the indigent person will prevail on his claim or defense, and whether the indigent person made a diligent effort to obtain counsel. Despite the new law, due process may still require appointment of counsel for a parent, particularly when a parent is a minor, incarcerated, or emotionally or mentally impaired. |
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The Child Abuse Registry statutes, discussed in Chapter 4, page 19 at V., have been amended to allow parents to have access to Registry information concerning actual or potential child care providers. See I.C. 31-33-17-0.5 and I.C. 31-33-17-6. |
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Important Amendments concerning child abuse and neglect investigations became law on July 1, 2004. I.C. 31-9-2-58.5 defined the new term“indicated”as“facts obtained during an investigation of suspected child abuse or neglect that: (1) provide: (A) significant indications that a child may be at risk for abuse or neglect; or (B) evidence that abuse or neglect previously occurred; and (2) cannot be classified as substantiated or unsubstantiated.”I.C. 31-33-8-12(a) provides that a child protection services investigation may be classified as substantiated, indicated, or unsubstantiated. Unless there is a subsequent report within a one year period, I.C. 31-33-8-12(b) requires child protection service to expunge indicated investigation reports within one year after classification. The one year period is extended by a subsequent report. I.C. 31-33-8-12(c). |
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I.C. 31-34-1-16 allows for a parent to make a voluntary placement agreement with the division of family and children to obtain special treatment or care for a child with an emotional, behavioral, or mental disorder, or a developmental or physical disability solely because the parent is unable to provide the treatment or care. The parent is not required to transfer custody of the child nor may a termination of parental rights proceeding be initiated by the division. |
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The dispositional protective order statutes at I.C. 31-31-17-1 through I.C. 31-34-17-5, discussed in Chapter 8, page 18 at VIII., have been repealed and replaced with a no-contact procedure outlined at I.C. 31-34-25 through 5. |
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I.C. 31-14-7-1 has been amended to delete a paternity affiant father as a presumed father. A new statute, I.C. 31-14-7-3, provides that a man is a child’s legal father if he executed a paternity affidavit in accordance with I.C. 31-16-37-2-2.1 and the affidavit has not been rescinded or set aside. Presumed fathers are discussed in Chapter 12, page 10 at IV. L.. Paternity affidavits are discussed in Chapter 12, page 15 at VI. |
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A new statute, I.C. 31-14-1.5-1 through 4, establishes requirements for bonds to secure child support obligations and enforce custody/visitation orders in paternity proceedings. |
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Parental conviction and incarceration for battery as a class A or class B felony has been added to the list of parental crimes against a child, a child’s sibling or a step-sibling, as a reason to dispense with the need for parental consent to adoption. See I.C. 31-19-9-10. The statute is discussed in Chapter 13, page 10 at V. H. |
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Please note that the Indiana Supreme Court accepted transfer of In Re Guardianship of B.H., 730 N.E. 2d 743 (Ind. Ct. App. 2000), vacated the Court of Appeals opinion, and affirmed the trial court. The Supreme Court opinion is at 770 N.E. 2d 283 (Ind. 2002). |
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Please note that the Indiana Supreme Court accepted transfer of Sholes v. Sholes, 732 N.E. 2d 1252, vacated the Court of Appeals opinion, and reversed and remanded to the trial court for proceedings consistent with the Supreme Court opinion at Sholes v. Sholes, 760 N.E. 2d 156 (Ind. 2001). |
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These citations were omitted for cases referenced in the CHINS Deskbook (2001): A.P. v. PCOFC, 734 N.E.2d 1107 (Ind. Ct. App. 2000) trans. denied; Ferbert v. Marion County OFC, 743 N.E.2d 766 (Ind. Ct. App. 2001) (also cited as In Re T.F.); Hill v. Ramey, 744 N.E.2d 509 (Ind. Ct. App. 2001); In Re J.T., 742 N.E.2d 509 (Ind. Ct. App. 2001); and Guardianship of L.L., 745 N.E.2d 222 (Ind. Ct. App. 2001). |
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See website article “Adoption 2003 Statutory Amendments” by Frances G. Hill for significant amendments to Indiana Adoption law. (www.kidsvoicein.org). |
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