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Indiana Code

Ind. Code § 31-34-4-6 (2025)

Duty to inform parent, custodian, or guardian of legal rights

✓ 2025 Indiana Code: the 2026 session is not included
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     Sec. 6. (a) The department 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 34-10-1.

(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 department for at least fifteen (15) months of the most recent twenty-two (22) months.

     (b) The department 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 department files a petition alleging that the child is a child in need of services;

whichever occurs earlier.

[Pre-1997 Recodification Citation: 31-6-4-6.1.]

As added by P.L.1-1997, SEC.17. Amended by P.L.35-1998, SEC.5; P.L.145-2006, SEC.291.

 

Notes of Decisions
Cited in 17 cases (2 in the last 5 years), 2008–2025 · leading case: J.A. v. Indiana Dep't of Child Servs., 4 N.E.3d 1158 (Ind. 2014).
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J.A. v. Indiana Dep't of Child Servs., 4 N.E.3d 1158 (Ind. 2014). · cites it 14× “Ind.Code § 31-34-4-6 (2008). One such right given to the parent is “[t]he right 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). · cites it 2× “2014) (finding, inter alia , that Ind. Code § 31-34-4-6 provides a statutory right to court appointed counsel for a parent in a CHINS case if the parent requests the appointment of counsel and the trial court finds the parent to be indigent); In re T.”
Lanny B. v. Marion Cnty. Dep't of Child Servs., 889 N.E.2d 326 (Ind. Ct. App. 2008). · cites it 2× “Ind.Code Ann. § 31-34-4-6 (West, PREMISE through 2007 1st Regular Sess.”
In the Matter of: Q.J., Jr., Q.J., Bre.J., Ba.J., Bri.J., & Bro.J., Child. in Need of Servs., Q.J., Sr. (Father) v. Indiana Dep't of Child Servs., 92 N.E.3d 1092 (Ind. Ct. App. 2018). · cites it 2× “[39] Indiana Code Section 31-34-4-6 entitles Father to an attorney at each court proceeding on a CHINS petition.”
In Re the Adoption of K.W.: M.W. v. S.L. & T.L., 21 N.E.3d 96 (Ind. Ct. App. 2014). · cites it 4× “” And one such person “designated by law” — designated by Section 31-34-4-6 specifically — is the indigent parent who requests a court-appointed attorney in a CHINS proceeding and is found by the trial court to be indigent.”
In the Matter of the Involuntary Termination of the Parent-Child Relationship of G.P., & J.A. v. The Indiana Dep't of Child Servs., 985 N.E.2d 786 (Ind. Ct. App. 2013). · cites it 2× “Indiana Code section 31-34-4-6 lists the legal rights of which parents in CHINS cases must be informed, including the right to be represented by an attorney upon the request of the parent, if the court finds that the parent is indigent.”
In the Termination of the Parent-Child Relationship of: X.S. (Minor Child), & S.S. (Father) v. The Indiana Dep't of Child Servs., & Lake Cnty. Court Appointed Special Advocate (mem. dec.), 117 N.E.3d 601 (Ind. Ct. App. 2018). · cites it 2× “"A parent who is entitled to representation by counsel may waive that right if the parent does so knowingly and voluntarily .”
S.O. v. Indiana Dep't of Child Servs., 938 N.E.2d 271 (Ind. Ct. App. 2010). “§ 31-34-4-6 (county office of family and children shall sub *276 mit written information to parent of alleged CHINS regarding parent's legal rights to be represented by counsel, cross-examine witnesses, and present evidence on parent's behalf at each CHINS court proceeding); I.”
In Re Lb, 889 N.E.2d 326 (Ind. Ct. App. 2008). · cites it 2× “Ind.Code Ann. § 31-34-4-6 (West, PREMISE through 2007 1st Regular Sess.”
In re the Involuntary Termination of the Parent-Child Relationship of G.P., a Minor Child, & His Mother, J.A. v. Indiana Dep't of Child Servs. & Child Advocates, Inc., No. 49S02-1308-JT-558 (Ind. Mar. 13, 2014). · cites it 14× “Ind. Code § 31-34-4-6 (2008). One such right given to the parent is “[t]he right to .”
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.), 144 N.E.3d 205 (Ind. Ct. App. 2020). · cites it 8× “Indiana Code Section 31-34-4-6 [26] Father next argues that “[t]he Initial Hearing was held on 12/27/2018 just hours after DCS filed its initial pleadings, effectively violating IC 31-34-4-6 and denying any semblance of due process (Mullane V Central Hanover Bank and Trust Co,…”
In the Matter of the Term. of the Parent-Child Relationship of L.P. & B.C., B.P. & I.P. v. Ind. Dept. of Child Servs. (mem. dec.), No. 40A04-1507-JT-868 (Ind. Ct. App. Feb. 9, 2016). · cites it 6× “Ind. Code § 31-34-4-6 (a)(2). [37] The Due Process Clause of the United States Constitution “prohibits state action that deprives a person of life, liberty, or property without a fair proceeding.”
Show all 17 citing cases →
Ind. Code § 31-34-4-6(a): 2 cases
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.), 144 N.E.3d 205 (Ind. Ct. App. 2020). “Indiana Code Section 31-34-4-6 [26] Father next argues that “[t]he Initial Hearing was held on 12/27/2018 just hours after DCS filed its initial pleadings, effectively violating IC 31-34-4-6 and denying any semblance of due process (Mullane V Central Hanover Bank and Trust Co,…”
CHINS: J S v. Indiana Dep't of Child Servs., No. 24S-JC-00300 (Ind. June 19, 2025).
Ind. Code § 31-34-4-6(a)(2): 2 cases
J.A. v. Indiana Dep't of Child Servs., 4 N.E.3d 1158 (Ind. 2014). “Ind.Code § 31-34-4-6 (2008). One such right given to the parent is “[t]he right to .”
Termination: E C v. Indiana Dep't of Child Servs., No. 25A-JT-00084 (Ind. Ct. App. Aug. 27, 2025).
Ind. Code § 31-34-4-6(a)(2)(A): 1 case
J.A. v. Indiana Dep't of Child Servs., 4 N.E.3d 1158 (Ind. 2014). “Ind.Code § 31-34-4-6 (2008). One such right given to the parent is “[t]he right to .”
Ind. Code § 31-34-4-6(b): 2 cases
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.), 144 N.E.3d 205 (Ind. Ct. App. 2020). “Indiana Code Section 31-34-4-6 [26] Father next argues that “[t]he Initial Hearing was held on 12/27/2018 just hours after DCS filed its initial pleadings, effectively violating IC 31-34-4-6 and denying any semblance of due process (Mullane V Central Hanover Bank and Trust Co,…”
CHINS: J S v. Indiana Dep't of Child Servs., No. 24S-JC-00300 (Ind. June 19, 2025).
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