Notice of hearing
Sec. 6.5. (a) This section applies to hearings under this chapter
relating to a child in need of services.
(b) At least ten (10) days before a hearing on a petition or motion
under this chapter:
(1) the person or entity who filed the petition to terminate the
parent-child relationship under section 4 of this chapter; or
(2) the person or entity who filed a motion to dismiss the
petition to terminate the parent-child relationship under section
4.5(d) of this chapter;
shall send notice of the review to the persons listed in subsections (c)
and (d).
(c) Except as provided in subsection (h), the following persons
shall receive notice of a hearing on a petition or motion filed under
this chapter:
(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 an 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
of family and children knows has had a significant or caretaking
relationship to the child.
(6) Any other party to the child in need of services proceeding.
(d) At least ten (10) days before a hearing on a petition or motion
under this chapter, the county office of family and children shall
provide notice of the hearing to the child's foster parent by:
(1) certified mail; or
(2) face to face contact by the county office of family and
children caseworker.
(e) The court shall provide to a person described in subsection (c)
or (d) an opportunity to be heard and make recommendations to the
court at the hearing. The right to be heard and to make
recommendations under this subsection includes the right of a person
described in subsection (c) or (d) 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 subsections (c) and (d), may
be made a part of the court record.
(f) The court shall continue the hearing if, at the time of the
hearing, the county office of family and children has not provided the
court with signed verification from the foster parent, as obtained
through subsection (d), that the foster parent has been notified of the
hearing at least five (5) business days before the hearing. However,
the court is not required to continue the hearing if the child's foster
parent appears for the hearing.
(g) A person described in subsection (c)(2) through (c)(4) or
subsection (d) does not become a party to a proceeding under this
chapter as the result of the person's right to notice and the
opportunity to be heard under this section.
(h) 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 hearing described in subsection (c).
As added by P.L.35-1998, SEC.22. Amended by P.L.200-1999,
SEC.31; P.L.133-2000, SEC.9; P.L.217-2001, SEC.12.
Last modified: May 24, 2006