Ind. Allen Cnty. Fam. Local Rule LR02-JV00-37

A. Procedure – In all cases in which the court is to determine whether to

authorize a petition, the court shall conduct a hearing to consider the preliminary

inquiry and evidence of probable cause

to believe a child is a child in need of services. If probable cause is found and a petition

is authorized, the court shall schedule an Initial Hearing and order the parties to

participate in facilitation. From the evidence and reports presented the court shall:

1. Enter an order for the detention of the child or to release the child to the

child’s parent, guardian or custodian under the supervision of the Department of

Child Services;

2. Consider and determine whether to enter a provisional order for the

care, treatment and rehabilitation of the child, the parent, guardian, and/or

custodian;

3. Determine whether the child and/or the parent, guardian, and/or

custodian should be ordered to complete a mental health assessment and/or

psychological evaluation;

4. Determine whether the child and/or the parent guardian, and/or

custodian should be referred for services through the court’s Mental Health

Specialty Track; and,

5. Enter findings as to whether the state has made reasonable efforts to

prevent the removal of the child from the home or whether exigent circumstances

precluded the opportunity to provide services to the parent, guardian or custodian.

B. Facilitation – At the Court’s discretion, the court may order that a preliminary

hearing be first addressed in facilitation in the manner as set forth herein.