Rights of Foster Children

Basic Court Rights:

·       Right to be present in court for hearings, except for good cause shown on record (IC 31-32-6-8)

·       Right to a best interest advocate (GAL/CASA) (IC 31-34-10-3). A guardian ad litem or court appointed special advocate shall represent and protect the best interests of the child." (Ind. Code 31-32-3-6)

·       Right to cross examine, obtain witnesses through subpoena, and introduce evidence (IC 31-32-2-1)

Initial Hearing/Detention Rights:

·       Right to have detention hearing held within 48 hours if removed from the home, or else be released back home (I.C. 31-34-5-1)

·       Right to notice of the time, place and purpose of the detention and initial hearing and must be given an opportunity to be heard and to make recommendations to the court.  Child gets a copy of the CHINS petition with their summons. (I.C. 31-34-5-1; I.C. 31-34-10-2)

·       Right to be informed of the nature of the allegations and disposition alternatives at initial hearing (IC 31-34-10-4)

·       Right to request additional detention hearings (IC 31-34-5-5)

·       At the initial hearing, the court must inform the child, if the child is at an age of understanding, of the nature of the allegations in the CHINS petition and the dispositional alternatives available to the court if the child is found to be a CHINS. (IC 31-34-10-4)

·       Required to admit or deny allegations in CHINS 6 and CHINS 3.5 (IC 31-34-10-7)

·       If court wants to have factfinding or dispo immediately after the initial hearing, child must consent (IC 31-34-10-9)

Factfinding Rights:

·       Right to attend the factfinding and present evidence, cross-examine (IC 31-34-11-1)

·       Right to fact finding in 60 days (IC 31-34-11-1)

Disposition Rights:

·       Right to hearing within 30 days of being found CHINS (IC 31-34-19-1)

·       Right to advance notice of the date, time, place and purpose of the dispositional hearing, and the opportunity to be heard and to make recommendations to the court.  (I.C. 31-34-19-1.3)

·       Right to prepare an alternative predispositional report for the court (IC 31-34-18-1) and right to controvert any portion of another party’s predispositional report (IC 31-34-19-2)