Indiana Code

Ind. Code § 31-34-10-2 (2026)

Initial hearing; service of petition and summons; determination of referral for dual status assessment; CHINS petition; additional initial hearings

✓ current as of May 2026

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Sec. 2. (a) The juvenile court shall hold an initial hearing on each petition within ten (10) days after the filing of the petition.

(b) The juvenile court shall set a time for the initial hearing. A summons shall be issued for the following:

(1) The child.

(2) The child's parent, guardian, custodian, guardian ad litem, or court appointed special advocate.

(3) Any other person necessary for the proceedings.

(c) A copy of the petition must accompany each summons. The clerk shall issue the summons under Rule 4 of the Indiana Rules of Trial Procedure.

(d) If the initial hearing is not scheduled and held within the specified time as described in this section, the child shall be released to the child's parent, guardian, or custodian.

(e) The juvenile court shall determine if a child should be referred for an assessment by a dual status assessment team as described in IC 31-41-1-5. In making its determination, the court shall consider the length of time since the delinquent act or the incident of abuse or neglect.

(f) The court may schedule an additional initial hearing on the child in need of services petition if necessary to comply with the procedures and requirements of this chapter with respect to any person to whom a summons has been issued under this section, including if the court refers a child to be assessed by a dual status assessment team. An additional initial hearing shall be conducted if the court refers a child to be assessed by a dual status assessment team unless the court has:

(1) granted an extension of time due to extraordinary circumstances; and

(2) stated the extraordinary circumstances in a written court order.

(g) Except for cases in which a child has been referred for an assessment by a dual status assessment team, an additional initial hearing on the child in need of services petition shall be held not more than thirty (30) calendar days after the date of the first initial hearing on the child in need of services petition, unless the court has:

(1) granted an extension of time for extraordinary circumstances; and

(2) stated the extraordinary circumstance in a written court order.

(h) The department shall provide notice of the date, time, place, and purpose of the initial hearing and any additional initial hearing scheduled under this section to each foster parent or other caretaker with whom the child has been temporarily placed under IC 31-34-2.5, IC 31-34-4, or IC 31-34-5. The court shall:

(1) provide a:

(A) person for whom a summons is required to be issued under subsection (b); and

(B) person who is required to be notified under this subsection;

an opportunity to be heard; and

(2) allow a person described in subdivision (1) to make recommendations to the court;

at the initial hearing.

(i) A petition alleging that a child is a child in need of services shall be filed before a detention hearing concerning the child is held.

(j) If a detention hearing is held under IC 31-34-5, the initial hearing on the child in need of services petition shall be held at the same time as the detention hearing.

(k) The court may schedule an additional initial hearing on a child in need of services petition if necessary to comply with the procedures and requirements of this chapter with respect to any person to whom a summons has been issued under this section.

(l) An additional initial hearing under subsection (k) shall be held not more than thirty (30) calendar days after the date of the first initial hearing on the child in need of services petition unless the court:

(1) grants an extension of time for extraordinary circumstances; and

(2) states the extraordinary circumstance in a written court order.

[Pre-1997 Recodification Citations: 31-6-4-13.6(b); 31-6-7-4 part.]

As added by P.L.1-1997, SEC.17. Amended by P.L.133-2000, SEC.4; P.L.217-2001, SEC.8; P.L.129-2005, SEC.7; P.L.138-2007, SEC.70; P.L.131-2009, SEC.62; P.L.48-2012, SEC.58; P.L.66-2015, SEC.4.

Notes of Decisions

Cited in 16 cases (2 in the last 5 years), 2000–2025 · leading case: Hite v. Vanderburgh Cnty. Off. of Fam. & Child., 845 N.E.2d 175 (Ind. Ct. App. 2006).

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Hite v. Vanderburgh Cnty. Off. of Fam. & Child., 845 N.E.2d 175 (Ind. Ct. App. 2006). · cites it 2× “Service in an initial hearing on a CHINS petition is governed by Ind.Code § 31-34-10-2, which provides: (a) The juvenile court shall hold an initial hearing on each petition.”

G.B. v. Dearborn Cnty. Div. of Fam. & Child., 754 N.E.2d 1027 (Ind. Ct. App. 2001). · cites it 2× “For example, in a CHINS case, the trial court must hold a detention hearing after notifying the child's parents of the time, place, and purpose of the hearing. Ind.”

Maybaum v. Putnam Cnty. Off. of Fam. & Child., 723 N.E.2d 951 (Ind. Ct. App. 2000). · cites it 3× “” I.C. § 31-34-10-2(a), (b). A copy of the petition “must accompany each summons.”

Matter of Termination of Parent-Child Rel. of Lvn, 799 N.E.2d 63 (Ind. Ct. App. 2003). · cites it 4× “Code § 31-35-2-6; see also Ind.Code §§ 31-34-10-2, -8, -9, and 11-1, -2.”

Newby v. Boone Cnty. Div. of Fam. & Child., 799 N.E.2d 63 (Ind. Ct. App. 2003). · cites it 2× “Code § 31-35-2-6; see also Ind.Code §§ 31-34-10-2, -8, -9, and 11-1, -2.”

F.T. v. Indiana Dep't of Child Servs., 934 N.E.2d 1253 (Ind. Ct. App. 2010). · cites it 2× “Indiana Code Section 31-34-10-2(b) provides that an initial hearing on each CHINS petition shall be held and a summons "shall be issued for the following: (1) The child.”

N.H. v. Marion Cnty. Dep't of Child Servs., 866 N.E.2d 314 (Ind. Ct. App. 2007). · cites it 2× “Code § 31-34-9-7, for the guardian to be served a summons for an initial CHINS hearing, Ind.Code § 31-34-10-2, and for the juvenile court to order a guardian to participate in services, Ind.”

S.O. v. Indiana Dep't of Child Servs., 938 N.E.2d 271 (Ind. Ct. App. 2010). “§ 31-34-10-2 (summons to attend initial hearing on CHINS petition shall be issued to parent of child); I.”

CHINS: J S v. Indiana Dep't of Child Servs. (Ind. 2025). · cites it 8× “I.C. § 31-34-10-2(a). At the initial hearing, the court must inform the child—if they are “at an age of understanding”—and the parents of the nature of the allegations and the dispositional alternatives that might follow a CHINS adjudication.”

S.S. v. Indiana Dep't of Child Servs., 942 N.E.2d 894 (Ind. Ct. App. 2011). “§ 31-34-10-2, inform the child, his parent, and any other parties as to the nature of the proceedings, id.”

In the Matter of: E.W., J.F., & A.W. (Minor Child.) & S.W. (Mother), & C.T. (Father) v. The Indiana Dep't of Child Servs., & Child Advocates, Inc. (mem. dec.) (Ind. Ct. App. 2020). · cites it 4× “I.C. §§ 31-34-10-2(a)-(b). Thus, the CHINS statute requires that a juvenile court set a time for the initial hearing on the CHINS petition and hold the hearing within ten days of the filing of the petition.”

In Re Jso, 938 N.E.2d 271 (Ind. Ct. App. 2010). · cites it 2× “§ 31-34-5-1 (notice of time, place, and purpose of detention hearing shall be given to child's parent if the person can be located); I.C. § 31-34-10-2 (summons to attend initial hearing on CHINS petition shall be issued to parent of child); I.”

Show all 16 citing cases →

— Ind. Code § 31-34-10-2(a) — 3 cases

Maybaum v. Putnam Cnty. Off. of Fam. & Child., 723 N.E.2d 951 (Ind. Ct. App. 2000). “” I.C. § 31-34-10-2(a), (b). A copy of the petition “must accompany each summons.”

In the Matter of: E.W., J.F., & A.W. (Minor Child.) & S.W. (Mother), & C.T. (Father) v. The Indiana Dep't of Child Servs., & Child Advocates, Inc. (mem. dec.) (Ind. Ct. App. 2020). “I.C. §§ 31-34-10-2(a)-(b). Thus, the CHINS statute requires that a juvenile court set a time for the initial hearing on the CHINS petition and hold the hearing within ten days of the filing of the petition.”

CHINS: J S v. Indiana Dep't of Child Servs. (Ind. 2025). “I.C. § 31-34-10-2(a). At the initial hearing, the court must inform the child—if they are “at an age of understanding”—and the parents of the nature of the allegations and the dispositional alternatives that might follow a CHINS adjudication.”

— Ind. Code § 31-34-10-2(b) — 3 cases

F.T. v. Indiana Dep't of Child Servs., 934 N.E.2d 1253 (Ind. Ct. App. 2010). “Indiana Code Section 31-34-10-2(b) provides that an initial hearing on each CHINS petition shall be held and a summons "shall be issued for the following: (1) The child.”

— Ind. Code § 31-34-10-2(b)(1) — 1 case

— Ind. Code § 31-34-10-2(c) — 2 cases

Maybaum v. Putnam Cnty. Off. of Fam. & Child., 723 N.E.2d 951 (Ind. Ct. App. 2000). “” I.C. § 31-34-10-2(a), (b). A copy of the petition “must accompany each summons.”

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