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Indiana Code

Ind. Code § 31-34-9-7 (2025)

Parties to juvenile law proceedings; rights of parties

✓ 2025 Indiana Code: the 2026 session is not included
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     Sec. 7. The:

(1) child;

(2) child's parents, guardian, or custodian;

(3) department; and

(4) guardian ad litem or court appointed special advocate;

are parties to the proceedings described in the juvenile law and have all rights of parties under the Indiana Rules of Trial Procedure, including rights of discovery, subpoena, examination of witnesses, and presentation of evidence at any hearing, including a fact finding hearing.

[Pre-1997 Recodification Citation: 31-6-4-10(g).]

As added by P.L.1-1997, SEC.17. Amended by P.L.145-2006, SEC.295; P.L.179-2025, SEC.13.

 

Notes of Decisions
Cited in 14 cases (2 in the last 5 years), 1999–2025 · leading case: 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).
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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 4× “Ind. Code § 31-34-9-7 . But we have also recognized that CHINS proceedings carry a significant potential to "interfere with the rights of parents in the upbringing of their children.”
Maybaum v. Putnam Cnty. Off. of Fam. & Child., 723 N.E.2d 951 (Ind. Ct. App. 2000). · cites it 2× “See also I.C. § 31-34-9-7 (stating that a child’s parents are parties to the proceedings described in the juvenile law and have all rights of parties under the Indiana Trial Rules).”
N.H. v. Marion Cnty. Dep't of Child Servs., 866 N.E.2d 314 (Ind. Ct. App. 2007). · cites it 4× “Hardister further notes that if the filing of a CHINS petition automatically terminated a guardianship, a large part of the CHINS statute would be meaningless, as the CHINS statute specifically provides, inter alia, for a child’s guardian to be a party to the proceedings,…”
S.S. v. Indiana Dep't of Child Servs., 942 N.E.2d 894 (Ind. Ct. App. 2011). · cites it 7× “§ 31-34-9-7. After a CHINS petition is filed, the juvenile court must convene a hearing, id.”
Parker v. Putnam Cnty. Off. of Fam. & Child., 713 N.E.2d 863 (Ind. Ct. App. 1999). · cites it 2× “, Ind. Code § 31-34-9-7 (county office of family and children and guardian ad litem or court appointed special advocate are parties to CHINS proceedings).”
Commitment of J.M.F. v. State, 721 N.E.2d 267 (Ind. Ct. App. 1999). · cites it 2× “Ind.Code §§ 31-34-9-7,31-37-10-7. It is also true that the provisions for mental health commitments of children do not explicitly designate parents as parties.”
T.N. v. Indiana Dep't of Child Servs., 954 N.E.2d 519 (Ind. Ct. App. 2011). · cites it 2× “Ind.Code § 31-34-9-7. A parent may admit or contest the allegations in the CHINS petition.”
N.L. v. Marion Cnty. Dep't of Child Servs., 903 N.E.2d 80 (Ind. Ct. App. 2009). · cites it 2× “Moving on to our situation here, Indiana Code section 31-34-9-7 provides that "The (1) child; (2) child's parents, guardian, or custodian; (@@) department; and (4) guardian ad litem or court appointed special advocate; are parties to the proceedings described in the juvenile law…”
In re Kd, 942 N.E.2d 894 (Ind. Ct. App. 2011). · cites it 7× “[2] Stepfather's *902 status as a custodian makes him a party to the CHINS proceeding, see Ind. Code § 31-34-9-7 , and gives him a statutory right to subpoena witnesses, crossexamine witnesses, and introduce evidence.”
CHINS: J S v. Indiana Dep't of Child Servs., No. 24S-JC-00300 (Ind. June 19, 2025). · cites it 4× “” I.C. § 31-34-9-7. Those rights include the ability to file pleadings, receive service, obtain and present evidence, seek relief from the court, and otherwise use compulsory process.”
In re Ne, 903 N.E.2d 80 (Ind. Ct. App. 2009). · cites it 2× “Moving on to our situation here, Indiana Code section 31-34-9-7 provides that "The (1) child; (2) child's parents, guardian, or custodian; (3) department; and (4) guardian ad litem or court appointed special advocate; are parties to the proceedings described in the juvenile law…”
In re Jso, 938 N.E.2d 271 (Ind. Ct. App. 2010). · cites it 2× “§ 31-34-4-6 (county office of family and children shall submit *276 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.C.…”
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