In Indiana, families have the right to protect minor children that they suspect are being abused or neglected. These family members can approach the court and provide evidence to acquire guardianship of the identified child. The following are details about filing for guardianship through Family Law in Auburn, Indiana.
Identifying Hazards or Risks in the Home
The family member must see the abuse and neglect first-hand. They must witness these actions before they make any allegations. They cannot present false testimony based on hearsay. All details that they provide the court must be based on their own observations. They must identify the hazard or risk to the child in their own statement and provide clear evidence of these allegations.
Contacting Child Protective Services
The family member must follow proper channels to start their claim. They must first contact child protective services. These services will assign a caseworker to evaluate the child and the condition within the home. They are trained to identify hazards and risks through their own investigation. Once they conclude their investigation through a home study, they provide the court with their findings.
Meeting with the Judge
Next, the family member will meet with the judge. The first assignment is temporary custody due to endangerment. They can acquire this assignment if the judge sees just cause for removal from the child’s current home. This assignment lasts around a year typically and will require several home studies to assess the treatment and care of the child.
Permanent Guardianship Assignments
After one year, the family member and the biological parent are required to attend a new hearing. This hearing determines if the family member will receive a guardianship based on the current conditions of the child’s home. If a risk to the child is present, the family member is assigned the guardianship.
In Indiana, families retain the right to take action when a child is abused or neglected. They can petition the court for guardianship and remove the child from their current home. Families that need assistance through family law in Auburn, Indiana for a guardianship contact Yoder & Kraus for more information today.
