Indiana Code
Ind. Code § 31-34-9-2 (2026)
Authorization to file petition; evidence; finding; determination for dual status assessment
✓ current as of May 2026
Sec. 2. The juvenile court shall do the following:
(1) Consider the preliminary inquiry and the evidence of probable cause that is contained in the report of the preliminary inquiry or an affidavit of probable cause.
(2) Authorize the filing of a petition if the court finds probable cause to believe that the child is a child in need of services.
(3) Determine if a child should be referred for an assessment by a dual status assessment team as described in IC 31-41-1-5.
[Pre-1997 Recodification Citation: 31-6-4-10(b).]
As added by P.L.1-1997, SEC.17. Amended by P.L.66-2015, SEC.3.
Notes of Decisions
Cited in 9
cases (1 in the last 5 years), 2003–2025 · leading case: In the Matter of: J.R. & M.R., Child. in Need of Servs., D.R. (Mother) & M.R. (Father) v. Indiana Dep't of Child Servs., 98 N.E.3d 652 (Ind. Ct. App. 2018).
In the Matter of: J.R. & M.R., Child. in Need of Servs., D.R. (Mother) & M.R. (Father) v. Indiana Dep't of Child Servs., 98 N.E.3d 652 (Ind. Ct. App. 2018). “Ind. Code § 31-34-9-2 . [10] We note that "[a] CHINS finding should consider the family's condition not just when the case was filed, but also when it is heard.”
In Re: The Matter of A.H., & S.H., Minor Child., V.H., Mother v. Indiana Dep't of Child Servs., 992 N.E.2d 960 (Ind. Ct. App. 2013). “Code § 31-34-9-1 , that the juvenile court shall consider the inquiry “and the evidence of probable cause that is contained in the report of the preliminary inquiry or an affidavit of probable cause” and authorize the filing of a petition if the court finds probable cause to…”
In Re Kb, 793 N.E.2d 1191 (Ind. Ct. App. 2003). “See I.C. § 31-34-9-2. LPOFC filed the petition the same date.”
In Re Tb, 895 N.E.2d 321 (Ind. Ct. App. 2008). “Ind. Code § 31-34-9-2 . "Unless the allegations of a petition have been admitted, the juvenile court shall hold a factfinding hearing.”
In re K.B., 793 N.E.2d 1191 (Ind. Ct. App. 2003). “§ 31-34-9-2. LPOFC filed the petition the same date.”
Bailey v. Indiana Newspapers, Inc., 895 N.E.2d 321 (Ind. Ct. App. 2008). “Ind. Code § 31-34-9-2 . “Unless the allegations of a petition have been admitted, the juvenile court shall hold a factfinding hearing.”
In the Matter of J.F. (Minor Child), & L.F. (Mother) v. The Indiana Dep't of Child Servs. (mem. dec.) (Ind. Ct. App. 2016). “See Ind. Code § 31-34-9-2 (2) (requiring a juvenile court to [a]uthorize the filing of a petition if the court finds probable cause to believe that the child is a [CHINS]”).”
CHINS: J S v. Indiana Dep't of Child Servs. (Ind. 2025). “” I.C. § 31-34-9-2(2). The petition must be verified and provide enumerated information, including a citation to the relevant statute defining “a child in need of services.”
In re the Matter of: R.H. (Minor Child) & T.H. (Mother) v. The Ind. Dept. of Child Servs., 55 N.E.3d 304 (Ind. Ct. App. 2016). “Ind, Code § 31-34-9-2. Unless the parents admit the allegations of the petition, the juvenile court must hold a fact-finding hearing within sixty days.”
— Ind. Code § 31-34-9-2(2) — 1 case
CHINS: J S v. Indiana Dep't of Child Servs. (Ind. 2025). “” I.C. § 31-34-9-2(2). The petition must be verified and provide enumerated information, including a citation to the relevant statute defining “a child in need of services.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.