Indiana Code
Ind. Code § 31-34-7-3 (2025)
Decision whether to request authorization to file petition
✓ 2025 Indiana Code: the 2026 session is not included
Sec. 3. The person representing the interests of the state and receiving the preliminary inquiry and recommendations shall decide whether to request authorization to file a petition. This decision is final only as to the office of the person making the decision.
[Pre-1997 Recodification Citation: 31-6-4-8(d).]
As added by P.L.1-1997, SEC.17.
Notes of Decisions
Cited in 4
cases (1 in the last 5 years), 2000–2025 · leading case: In Re Kb, 793 N.E.2d 1191 (Ind. Ct. App. 2003).
In Re Kb, 793 N.E.2d 1191 (Ind. Ct. App. 2003). “The person representing the interests of the state and receiving the preliminary inquiry and recommendations shall decide whether to request authorization from the juvenile court to file a petition.”
Miles v. Miami Cnty. Div. of Fam. & Child., 723 N.E.2d 956 (Ind. Ct. App. 2000). “Ind.Code § 31-34-7-3. Under the CHINS statute, “[a] child is a child in need of services if before the child becomes eighteen (18) years of age: (1) the child’s physical or mental health is seriously endangered due to injury by the act or omission of the child’s parent,…”
In Re CW, 723 N.E.2d 956 (Ind. Ct. App. 2000). “Ind.Code § 31-34-7-3. Under the CHINS statute, "[a] child is a child in need of services if before the child becomes eighteen (18) years of age: (1) the child's physical or mental health is seriously endangered due to injury by the act or omission of the child's parent,…”
CHINS: J S v. Indiana Dep't of Child Servs., No. 24S-JC-00300 (Ind. June 19, 2025). “I.C. §§ 31-34-7-3, 31-34-9-1(a)–(b). The court must approve the filing if it “finds probable cause to believe that the child is a child in need of services.”
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