Probate court jurisdiction over guardianship of person less than 18
years of age
Sec. 6. (a) Subject to subsections (b) and (c), this article does not
prohibit a probate court from exercising its jurisdiction over
guardianship of a person who is less than eighteen (18) years of age.
(b) If allegations in the petition for guardianship or allegations
produced at guardianship proceedings indicate that the person for
whom the guardianship is requested meets the definition of a child
in need of services under IC 31-34-1, the probate court on its own
motion or at the request of a party shall:
(1) send the petition for guardianship or the record of
guardianship proceedings, or both, to the prosecuting attorney
or the attorney for the county office of family and children; and
(2) direct the prosecuting attorney or the attorney for the county
office of family and children to initiate an investigation and
proceedings in the juvenile court to determine whether the
person for whom the guardianship is requested is a child in need
of services.
(c) The probate court retains jurisdiction over the matter until the
juvenile court authorizes the filing of a petition under IC 31-34-9.
As added by P.L.1-1997, SEC.13.
Last modified: May 24, 2006