Duty to inform parent, custodian, or guardian of legal rights
Sec. 6. (a) The county office of family and children shall submit
written information to a parent, custodian, or guardian of a child who
is alleged to be abused or neglected regarding the following legal
rights of the parent, custodian, or guardian:
(1) The right to have a detention hearing held by a court within
forty-eight (48) hours after the child's removal from the home
and to request return of the child at the hearing.
(2) The right to:
(A) be represented by an attorney;
(B) cross examine witnesses; and
(C) present evidence on the parent's, custodian's, or
guardian's own behalf;
at each court proceeding on a petition alleging that the child is
a child in need of services. The parent, guardian, or custodian
has the right to be represented by a court appointed attorney
under clause (A) upon the request of the parent, guardian, or
custodian if the court finds that the parent, guardian, or
custodian does not have sufficient financial means for obtaining
representation as described in IC 34-1-1-3.
(3) The right not to make statements that incriminate the parent,
custodian, or guardian and that an incriminating statement may
be used during a court proceeding on a petition alleging that the
child is a child in need of services.
(4) The right to request to have the case reviewed by the child
protection team under IC 31-33-3-6.
(5) The right to be advised that after July 1, 1999, a petition to
terminate the parent-child relationship must be filed whenever
a child has been removed from the child's parent and has been
under the supervision of the county office of family and
children for at least fifteen (15) months of the most recent
twenty-two (22) months.
(b) The county office of family and children shall submit the
written information under subsection (a) to the child's parent,
guardian, or custodian at the time:
(1) the child is taken into custody; or
(2) the county office of family and children files a petition
alleging that the child is a child in need of services;
whichever occurs earlier.
As added by P.L.1-1997, SEC.17. Amended by P.L.35-1998, SEC.5.
Last modified: May 24, 2006