Indiana Code
Ind. Code § 31-32-2-3 (2026)
Rights of parent, guardian, or custodian
✓ current as of May 2026
Sec. 3. (a) This section applies to the following proceedings:
(1) Proceedings to determine whether a child is a child in need of services.
(2) Proceedings to determine whether the parent, guardian, or custodian of a child should participate in a program of care, treatment, or rehabilitation for the child.
(3) Proceedings to determine whether the parent or guardian of the estate of a child should be held financially responsible for any services provided to the parent or guardian or the child of the parent or guardian.
(4) Proceedings to terminate the parent-child relationship.
(b) A parent, guardian, or custodian is entitled:
(1) to cross-examine witnesses;
(2) to obtain witnesses or tangible evidence by compulsory process; and
(3) to introduce evidence on behalf of the parent, guardian, or custodian.
[Pre-1997 Recodification Citation: 31-6-3-2(a), (b).]
As added by P.L.1-1997, SEC.15.
Notes of Decisions
Cited in 40
cases (6 in the last 5 years), 2000–2026 · leading case: B.T. v. Clark Cnty. Div. of Fam. & Child., 791 N.E.2d 792 (Ind. Ct. App. 2003).
B.T. v. Clark Cnty. Div. of Fam. & Child., 791 N.E.2d 792 (Ind. Ct. App. 2003). “" Furthermore, Indiana Code § 31-32-2-3(b) provides that in proceedings to terminate the parent-child relationship, "[a] parent, guardian, or custodian is entitled: (1) to cross-examine witnesses; (2) to obtain witnesses or tangible evidence by compulsory process; and (3) to…”
In the Matter of Eq.W., M.W., A.W., S.W., & Ez.W. (Minor Child.) V.B. (Mother) v. Indiana Dep't of Child Servs., 124 N.E.3d 1201 (Ind. 2019). “Code § 31-32-1-4 (requiring notice of CHINS proceedings to all parties); Ind. Code § 31-32-2-3 (giving parents the right to cross-examine witnesses, obtain witnesses and evidence by compulsory process, and introduce evidence); In re G.”
In the Matter of: L.C. (Minor Child), Child in Need of Servs. & S.C. (Father) v. The Indiana Dep't of Child Servs., 23 N.E.3d 37 (Ind. Ct. App. 2015). “As for the particulars of the fact- finding hearing, Indiana Code section 31-32-2-3 provides, in part, that during (1) Proceedings to determine whether a child is a child in need of services [or] (2) Proceedings to determine whether the parent, guardian, or custodian of a child…”
J.A. v. Indiana Dep't of Child Servs., 4 N.E.3d 1158 (Ind. 2014). “The Indiana Code also requires a trial court to appoint counsel for a parent in a TPR proceeding when the parent does not have an attorney to represent his or her interests without conflict and has not waived his or her right to that counsel.”
Z.G. v. Marion Cnty. Dep't of Child Servs., 954 N.E.2d 910 (Ind. 2011). “Ind.Code § 31-32-2-3(b) (2008). In balancing the three — prong Mathews test, we first note that the private interest affected by the proceeding is substantial — a parent’s interest in the care, custody, and control of her child.”
S. R. v. M. J., 71 N.E.3d 436 (Ind. Ct. App. 2017). “See I.C. § 31-32-2-3(b)(l) (stipulating that in a termination proceeding, a parent is entitled to cross-examine witnesses).”
In Re Termination of the Parent-Child Relation., 883 N.E.2d 830 (Ind. Ct. App. 2008). “See I.C. § 31-32-2-3(b) (entitling a parent to cross-examine witnesses, obtain evidence by compulsory process, and introduce evidence on his or her behalf); Cannon v.”
D.A. v. Monroe Cnty. Dep't of Child Servs., 869 N.E.2d 501 (Ind. Ct. App. 2007). “Not only does Indiana Code § 31-32-2-3(b) provide that a parent in a proceeding to terminate the parent-child relationship “is entitled .”
Maybaum v. Putnam Cnty. Off. of Fam. & Child., 723 N.E.2d 951 (Ind. Ct. App. 2000). “See Ind.Code § 31-32-2-3 (stating that in CHINS proceedings a parent is entitled to cross-examine witnesses, obtain witnesses or tangible evidence by compulsory process and to introduce evidence on his behalf).”
In the Matter of the Termination of the Parent-Child Relationship of: D.P. & D.P.E. & J.P. (Mother) v. Ind. Dept. of Child Servs., 27 N.E.3d 1162 (Ind. Ct. App. 2015). “I.C. §§ 31-32-2-3(b)(l)-(3). Finally, parents are entitled to court-appointed counsel when they have not already waived that right, I.”
In the Matter of V.C., Child Alleged to be in Need of Servs. v. Indiana Dept. of Child Servs., 967 N.E.2d 50 (Ind. Ct. App. 2012). “err in failing to issue the requested subpoena to maternal aunt after Father failed to provide the juvenile court with maternal aunt's address, and that the juvenile court acted within its discretion in *55 denying Father's request for a continuance, we further conclude that the…”
S.S. v. Indiana Dep't of Child Servs., 942 N.E.2d 894 (Ind. Ct. App. 2011). “Code § 31-34-10-8(1), the Code also guarantees parents, guardians, and custodians “in proceedings to determine whether a child is a child in need of services” the rights “(1) to cross-examine witnesses; (2) to obtain witnesses or tangible evidence by compulsory process; and (3)…”
— Ind. Code § 31-32-2-3(b) — 18 cases
B.T. v. Clark Cnty. Div. of Fam. & Child., 791 N.E.2d 792 (Ind. Ct. App. 2003). “" Furthermore, Indiana Code § 31-32-2-3(b) provides that in proceedings to terminate the parent-child relationship, "[a] parent, guardian, or custodian is entitled: (1) to cross-examine witnesses; (2) to obtain witnesses or tangible evidence by compulsory process; and (3) to…”
J.A. v. Indiana Dep't of Child Servs., 4 N.E.3d 1158 (Ind. 2014). “The Indiana Code also requires a trial court to appoint counsel for a parent in a TPR proceeding when the parent does not have an attorney to represent his or her interests without conflict and has not waived his or her right to that counsel.”
Z.G. v. Marion Cnty. Dep't of Child Servs., 954 N.E.2d 910 (Ind. 2011). “Ind.Code § 31-32-2-3(b) (2008). In balancing the three — prong Mathews test, we first note that the private interest affected by the proceeding is substantial — a parent’s interest in the care, custody, and control of her child.”
In Re Termination of the Parent-Child Relation., 883 N.E.2d 830 (Ind. Ct. App. 2008). “See I.C. § 31-32-2-3(b) (entitling a parent to cross-examine witnesses, obtain evidence by compulsory process, and introduce evidence on his or her behalf); Cannon v.”
D.A. v. Monroe Cnty. Dep't of Child Servs., 869 N.E.2d 501 (Ind. Ct. App. 2007). “Not only does Indiana Code § 31-32-2-3(b) provide that a parent in a proceeding to terminate the parent-child relationship “is entitled .”
— Ind. Code § 31-32-2-3(b)(1) — 1 case
Sr v. Mj (Ind. Ct. App. 2017).
— Ind. Code § 31-32-2-3(b)(2) — 1 case
Termination: J W v. Indiana Dep't of Child Servs. (Ind. Ct. App. 2025).
— Ind. Code § 31-32-2-3(b)(l) — 2 cases
S. R. v. M. J., 71 N.E.3d 436 (Ind. Ct. App. 2017). “See I.C. § 31-32-2-3(b)(l) (stipulating that in a termination proceeding, a parent is entitled to cross-examine witnesses).”
In the Matter of the Termination of the Parent-Child Relationship of: D.P. & D.P.E. & J.P. (Mother) v. Ind. Dept. of Child Servs., 27 N.E.3d 1162 (Ind. Ct. App. 2015). “I.C. §§ 31-32-2-3(b)(l)-(3). Finally, parents are entitled to court-appointed counsel when they have not already waived that right, I.”
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