31-30-1-6. Probate court jurisdiction over guardianship of person less than 18 years of age; additional proceedings

IN Code § 31-30-1-6 (2019) (N/A)

Copy with citation

Copy as parenthetical citation

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 to the department of child services; and

(2) direct the department of child services to initiate an assessment 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.

(d) If a juvenile court:

(1) issues an order establishing or modifying a guardianship of a minor; and

(2) requests additional proceedings regarding the guardianship of the minor;

the probate court that retains jurisdiction over the case or another appropriate court shall conduct additional proceedings.

[Pre-1997 Recodification Citation: 31-6-2-1.1(f).]

As added by P.L.1-1997, SEC.13. Amended by P.L.145-2006, SEC.275; P.L.162-2011, SEC.40.

Previous Section

31-30-1-5. Concurrent original jurisdiction with probate court

Next Section

31-30-1-7. Juveniles tried as adults