465 IAC 2-8-4 - Guardianship procedures

Authority: IC 12-13-5-1; IC 12-13-5-3

Affected: IC 29-3-5-1; IC 29-3-6-1; IC 31-34-21-7.5

Sec. 4.

(a) If the guardian has not previously established a legal guardianship for the child under IC 29-3, the county office having jurisdiction over the child will refer the prospective guardian to the attorney for the county office for the purpose of assisting the guardian in establishing a legal guardianship of the child's person that satisfies all requirements of IC 29-3 and IC 31-34-21-7.5(1)(E).

(b) If the county office has determined that the child and guardian meet all eligibility requirements for assistance as specified in sections 2 and 3 of this rule, the county office may, with the approval of the county director, file a petition under IC 29-3-5-1 for appointment of the guardian as a legal guardian of the child under IC 29-3. The county office may pay all or any designated portion of the legal costs and other expenses of the guardianship proceeding, including the services of the attorney for the county office, reasonably incurred by or on behalf of the guardian in order to establish and maintain the legal guardianship.

(c) The county office shall solicit consent of any parent of the child for establishment of a legal guardianship with assistance provided under this rule, if the parent is identified and can be contacted with reasonable efforts. The county office will document and present to the court in the guardianship proceeding a written report of its efforts to solicit parental consent and the results of those efforts. Consent of an identified parent is not a necessary condition for assistance to a prospective guardian in establishing a legal guardianship, or for provision of financial or other assistance to a child and guardian in accordance with this rule.

(d) The county office shall give notice of the filing of a guardianship petition under this section and any hearing thereon in accordance with IC 29-3-6-1(3).

Notes

465 IAC 2-8-4

Department of Child Services; 465 IAC 2-8-4; filed Jun 1, 2000, 11:20 a.m.: 23 IR 2427; readopted filed Jul 12, 2001, 1:40 p.m.: 24 IR 4235; readopted filed Nov 27, 2007, 6:52 a.m.: 20071226-IR-465070551RFA; readopted filed November 26, 2013, 4:02 p.m.: 20131225-IR-465130459RFA Readopted filed 10/10/2019, 10:42 a.m.: 20191106-IR-465190320RFA

Transferred from the Division of Family Resources ( 470 IAC 3-10.5-4) to the Department of Child Services (465 IAC 2-8-4) by P.L. 234-2005, SECTION 195, effective July 1, 2005.