Notice of case review; testimony in periodic case review
Sec. 4. (a) Except as provided in subsection (f), at least ten (10)
days before the periodic case review, including a case review that is
a permanency hearing under section 7 of this chapter, the county
office of family and children shall send notice of the review to each
of the following:
(1) The child's parent, guardian, or custodian.
(2) An attorney who has entered an appearance on behalf of the
child's parent, guardian, or custodian.
(3) A prospective adoptive parent named in a petition for
adoption of the child filed under IC 31-19-2 if:
(A) each consent to adoption of the child that is required
under IC 31-19-9-1 has been executed in the form and
manner required by IC 31-19-9 and filed with the county
office of family and children;
(B) the court having jurisdiction in the adoption case has
determined under any applicable provision of IC 31-19-9
that consent to adoption is not required from a parent,
guardian, or custodian; or
(C) a petition to terminate the parent-child relationship
between the child and any parent who has not executed a
written consent to adoption under IC 31-19-9-2 has been
filed under IC 31-35 and is pending.
(4) Any other person who:
(A) the county office of family and children has knowledge
is currently providing care for the child; and
(B) is not required to be licensed under IC 12-17.2 or
IC 12-17.4 to provide care for the child.
(5) Any other suitable relative or person who the county office
knows has had a significant or caretaking relationship to the
child.
(b) At least ten (10) days before the periodic case review,
including a case review that is a permanency hearing under section
7 of this chapter, the county office of family and children shall
provide notice of the review to the child's foster parent or long term
foster parent by the same process prescribed under Indiana Trial Rule
4.1. The county office of family and children shall present proof of
service of the notice at the case review.
(c) The court shall provide to a person described in subsection (a)
or (b) an opportunity to be heard and to make any recommendations
to the court in a periodic case review, including a permanency
hearing under section 7 of this chapter. The right to be heard and to
make recommendations under this subsection includes:
(1) the right of a person described in subsection (a) or (b) to
submit a written statement to the court that, if served upon all
parties to the child in need of services proceeding and the
persons described in subsection (a) or (b), may be made a part
of the court record; and
(2) the right to present oral testimony to the court and cross
examine any of the witnesses at the hearing.
(d) Except as provided in subsection (f), this section does not
exempt the county office of family and children from sending a
notice of the review to each party to the child in need of services
proceeding.
(e) The court shall continue the review if, at the time of the
review, the county office of family and children has not provided the
court with signed verification from the child's foster parent or long
term foster parent, as obtained through subsection (b), that the foster
parent or long term foster parent, has been notified of the review at
least five (5) business days before the review. However, the court is
not required to continue the review if the child's foster parent or long
term foster parent appears for the review.
(f) If the parent of an abandoned child does not disclose the
parent's name as allowed by IC 31-34-2.5-1(c), the parent is not
required to be notified of a proceeding described in subsection (a).
As added by P.L.1-1997, SEC.17. Amended by P.L.35-1998, SEC.10;
P.L.133-2000, SEC.6; P.L.217-2001, SEC.9; P.L.152-2003, SEC.2.
Last modified: May 24, 2006