📋 Program Overview
Indiana's Guardian Ad Litem/CASA system operates through a network of county-based CASA programs coordinated under CASA of Indiana (formerly Indiana CASA Association), which affiliates with the National CASA/GAL Association. The primary state child welfare agency is the Indiana Department of Child Services (DCS), established in 2005 as a standalone agency separate from the Family and Social Services Administration (FSSA).
Indiana uses the term Child in Need of Services (CHINS) for its child welfare framework. IC 31-34 governs CHINS proceedings involving abuse and neglect. The GAL/CASA appointment statute is found at IC 31-34-10-3, which authorizes the court to appoint a CASA volunteer or attorney as GAL. Indiana courts also rely heavily on IC 31-17-6 for children's representatives in dissolution and custody matters, but CHINS cases under IC 31-34 are the primary venue for CASA GAL work.
⚖️ Legal Foundation
Indiana's child welfare framework is built around the CHINS statute in Title 31 of the Indiana Code. GALs must be familiar with the key provisions of IC 31-34 and the related termination of parental rights statute.
Authorizes the juvenile court to appoint a GAL or CASA representative to appear on behalf of a child in a CHINS proceeding. The GAL shall act in the best interests of the child, conduct an independent investigation, and make recommendations to the court. The GAL has the right to attend all hearings, review all records relating to the child, and submit reports to the court.
Defines the multiple categories of CHINS (abuse, neglect, status offenses, etc.). A child is a CHINS when the child's physical or mental condition is seriously endangered as a result of a parent's, guardian's, or custodian's failure to supply the child with necessary food, clothing, shelter, medical care, education, or supervision. These definitions trigger DCS involvement and CHINS court jurisdiction.
Section 19 governs the dispositional decree entered after a CHINS finding, including placement, services, and case plan requirements. Section 21 governs modification of the dispositional decree when circumstances change. GALs advocate at the dispositional hearing for services and placements in the child's best interests and may request modifications.
Requires a permanency plan for every child in DCS custody and periodic review hearings (at least annually) to assess progress. The permanency goal options are reunification, adoption, legal guardianship, or another planned permanent living arrangement. GALs independently assess and report on the appropriateness of the permanency plan at each review hearing.
Governs the petition for involuntary TPR in Indiana. DCS or the CASA may petition for TPR when reunification has failed and TPR is in the child's best interests. The GAL plays an active role in TPR proceedings, advocating for the child throughout the process. The burden of proof for TPR is "beyond a reasonable doubt" for the requisite findings.
Establishes Indiana's mandatory reporter framework. GALs are mandated reporters under Indiana law. Abuse reports are made to the DCS Child Abuse Hotline (1-800-800-5556). CHINS reporters have immunity from civil and criminal liability when reports are made in good faith.
👤 Your Role as GAL
An Indiana GAL/CASA volunteer serves as the court's independent advocate for the child's best interests in CHINS proceedings. Under IC 31-34-10-3, the GAL conducts an independent investigation, submits reports to the court, and advocates for the best interests of the child at every hearing — independent of DCS, parents, and other parties.
Review all DCS case records, school records, medical files, and prior court orders. Interview the child, foster parents, biological parents (where appropriate), teachers, therapists, and DCS family case managers. Visit the current placement and assess the home environment firsthand.
Present the child's best interests in court through written reports and oral statements. Request services the child is not receiving. Challenge DCS when its case plan does not adequately address the child's safety or well-being. File requests for court orders through your CASA supervisor when necessary.
Identify and link the child to services: tutoring, therapy, mentoring, extracurricular activities, and community supports. Coordinate with DCS, the foster family, schools, and service providers to ensure continuity of care across placement transitions.
Prepare written court reports before each hearing summarizing your investigation findings and best-interest recommendations. Attend all hearings. In Indiana, CASA volunteers may present their findings directly to the court. Always review your report with your CASA supervisor before filing.
Indiana's GAL statute explicitly grants GALs the right to review all records relating to the child — including DCS case records, medical records, school records, and mental health records — without requiring a separate court order for each record category. Carry a copy of your appointment order to every records request. If a provider refuses access, contact your CASA supervisor immediately rather than attempting to resolve the dispute yourself.
🤝 The Multidisciplinary Team
Indiana CHINS cases involve multiple state and private agency professionals. Understanding each party's distinct role helps the GAL maintain independence while collaborating effectively for the child's benefit.
The DCS employee responsible for the child's case plan, placement coordination, and service referrals. FCMs in Indiana operate under the DCS Local Office structure. The FCM represents DCS's position — which is presumed to align with the child's best interests but may not always do so.
The attorney representing DCS in CHINS proceedings — typically a DCS Staff Attorney or county-contracted attorney. Presents DCS's case and legal position. Represents the agency, not the child independently.
Appointed counsel for the biological parent(s). Their obligation is client-directed — advocating for reunification and preservation of parental rights — not for the child's best interests independently.
Some Indiana courts appoint a separate attorney to represent the child's expressed wishes, distinct from the CASA GAL who advocates for best interests. Indiana recognizes these as separate roles; know which role you hold under your court's order.
You — independently investigating and advocating for the child's best interests. Your independence from DCS and from the parents is what makes the CASA/GAL role uniquely valuable in Indiana's CHINS process.
Your program contact who reviews court reports, provides training and support, connects you with community resources, and communicates with the court on program-level matters. Consult your supervisor before taking any significant action in the case.
The licensed or kinship placement providing day-to-day care for the child. Often the most current and detailed source of information about the child's daily functioning, school attendance, medical appointments, and emotional state.
Presides over all CHINS hearings, issues all orders, and makes all findings. Indiana Circuit and Superior Courts with juvenile jurisdiction vary significantly by county in terms of docket size and case management practices.
🏛️ The CHINS Court Process in Indiana
Indiana CHINS proceedings under IC 31-34 follow a structured sequence from the initial removal or DCS intervention through a final permanency determination. Understanding the timeline is essential for effective GAL advocacy at every stage.
DCS removes the child based on an immediate safety risk or proceeds with an Informal Adjustment (voluntary services) if removal is not immediately necessary. For removals without a prior court order, DCS must file a CHINS petition within 48 hours or release the child from protective custody.
Must be held within 48 hours of removal (excluding weekends and holidays). The court determines whether continued removal is necessary. The CHINS petition is filed at or before this hearing. The court may appoint a GAL at this stage.
The court appoints a GAL/CASA volunteer under IC 31-34-10-3 at or shortly after the initial hearing. Begin reviewing DCS records, prior court orders, and school records immediately. Make initial contact with the child as soon as possible after appointment.
The court determines whether the child is a CHINS. Must be held within 60 days of the CHINS petition (or within 20 days if the child is detained and not released). The GAL presents evidence and recommendations regarding the CHINS finding.
If the child is adjudicated a CHINS, the court enters a dispositional decree under IC 31-34-19 establishing the case plan, placement, and required services. The GAL advocates for appropriate placement and services addressing the child's specific needs and safety.
Periodic review hearings (at minimum every 6 months) allow the court to monitor DCS's reasonable efforts, case plan compliance, and the child's well-being. The GAL files a written report before each review and advocates for services or placement changes as circumstances warrant.
Under IC 31-34-21-7, the court holds a permanency hearing within 12 months of removal (or within 30 days of aggravated circumstances). The GAL provides an independent assessment of the permanency plan and advocates for the goal that best serves the child's long-term best interests.
If reunification is not achievable, DCS or the GAL may petition for Termination of Parental Rights under IC 31-35-2. The GAL continues to advocate for the child throughout TPR proceedings and supports the adoption or guardianship process through finalization.
📅 Hearing Types & GAL Responsibilities
| Hearing | Timing | GAL Focus |
|---|---|---|
| Detention / Initial Hearing | Within 48 hrs of removal | Confirm appointment; assess immediate safety; identify urgent needs; advocate for appropriate temporary placement |
| Fact-Finding (Adjudicatory) Hearing | Within 60 days of petition (20 days if detained) | Present evidence supporting or challenging CHINS finding; advocate for the child's best interests throughout |
| Dispositional Hearing | Shortly after fact-finding | Recommend appropriate placement, services, and case plan elements; flag any unmet needs or concerns about the proposed plan |
| Review Hearing | Every 6 months (or more frequently) | File written report; assess reasonable efforts and child's well-being; advocate for services not yet provided or modifications needed |
| Permanency Hearing | Within 12 months of placement | Advocate for the permanency goal serving the child's long-term interests; assess DCS's concurrent planning and reasonable efforts |
| TPR Hearing | Per DCS / GAL petition under IC 31-35-2 | Advocate for or against TPR based on best interests; report on child's attachment to parents and prospective adoptive placement |
| Post-TPR / Pre-Adoption Review | Every 6 months post-TPR | Monitor adoption or guardianship progress; advocate for timely finalization; flag any delays |
🦅 ICWA & Tribal Inquiry in Indiana
The Indian Child Welfare Act (25 U.S.C. §§ 1901–1963) applies in any custody proceeding involving a child who is an Indian child — a member of, or eligible for membership in, a federally recognized tribe where the biological parent is also a member. ICWA protections apply regardless of where the child lives or whether the state has tribal reservations within its borders.
Indiana was historically home to the Miami, Potawatomi, Delaware (Lenape), Shawnee, and other nations. While Indiana has no federally recognized tribal reservations within the state today, the Pokagon Band of Potawatomi (Michigan/Indiana border area) is the most active federally recognized tribe monitoring Indiana CHINS cases. The Miami Tribe of Oklahoma, which originated in Indiana, also actively monitors Indiana cases involving Miami descendants. ICWA inquiry is mandatory in every CHINS proceeding.
Mandatory ICWA Inquiry Steps
Indiana-Specific ICWA Considerations
Indiana courts apply ICWA under federal law and the 2016 BIA regulations (25 C.F.R. Part 23). There is no separate Indiana ICWA statute, but IC 31-34 proceedings must comply with all ICWA procedural requirements when triggered. Key considerations for Indiana GALs:
- Northern Indiana counties (Cass, Miami, Wabash, Fulton) historically have higher concentrations of Miami and Potawatomi descendants — ICWA inquiries in these counties may more frequently trigger tribal contact
- The Pokagon Band maintains an active ICWA department specifically covering Indiana and southwestern Michigan cases — expect tribal intervention when Potawatomi ancestry is identified
- The Miami Tribe of Oklahoma traces its origins directly to Indiana and actively monitors Indiana CHINS cases involving Miami descendants, even for families with no apparent reservation connections
- ICWA "active efforts" require individualized, culturally appropriate efforts to work with the family — not merely providing a referral list
🪶 Tribal Resources & Contacts
🎓 Education Rights of Foster Youth
Education stability is one of the most critical advocacy areas for Indiana GALs. Children in Indiana's foster care system change schools frequently, lose academic credits, and face disproportionate referrals for special education or disciplinary removal. Indiana has aligned its education policies with federal requirements under ESSA and McKinney-Vento.
Indiana's implementation of ESSA Title I Part A requires every school district to collaborate with DCS to keep foster children in their school of origin when it is in their best interests. Transportation must be arranged even when placement crosses district lines. GALs should advocate for a formal School of Origin determination at every placement change and ensure transportation is arranged before the change occurs.
Foster children in temporary placements may qualify for McKinney-Vento protections including immediate school enrollment, records transfer, and transportation. Indiana's McKinney-Vento coordinator at IDOE oversees statewide implementation. Some foster children qualify under both ESSA and McKinney-Vento simultaneously.
Key Education Advocacy Points for Indiana GALs
Extended Foster Care & Education
Indiana's Extended Foster Care (EFC) program allows youth to remain in DCS care until age 21 under IC 31-28-5.8 and related provisions. Youth may remain in care if they are enrolled in secondary school or a GED program, enrolled in post-secondary education or vocational training, or employed. Additionally, Indiana youth aging out of foster care are eligible for tuition-free attendance at Indiana public colleges and universities through the Education and Training Voucher (ETV) program and the Indiana state fee remission program (IC 21-14-12). GALs should begin advocating for EFC planning no later than age 16 and ensure every aging-out youth is aware of Indiana's tuition benefit before their 18th birthday.
📝 Courtroom Practice in Indiana Juvenile Court
Indiana juvenile courts vary significantly by county in size and formality. Marion County (Indianapolis) has a dedicated Juvenile Court with a large docket and formal procedures. Many rural Indiana counties hear juvenile matters in general civil courts with smaller dockets and more informal proceedings. Know your county's practices before your first hearing.
- Submit your written report to your CASA supervisor at least 1 week before the hearing for review, then file with the court clerk per local rules
- Review the prior dispositional decree and identify any compliance issues or unmet services to raise
- Contact the DCS family case manager to verify factual updates (not to coordinate positions)
- Prepare the child for what will happen at the hearing in an age-appropriate way
- Address the judge as "Your Honor" and remain standing when addressing the court
- Present your report clearly and concisely — Indiana judges appreciate well-organized, factually grounded presentations
- As a GAL/CASA under IC 31-34-10-3, you may speak directly to the court in most Indiana counties
- If you disagree with a proposed order, state your objection to your supervisor who will communicate it to the court
- Obtain a copy of the signed order — this governs everything until the next hearing
- Review the order for any specific tasks assigned to DCS, the parents, or the CASA program
- Communicate the hearing outcome to the child in age-appropriate terms as promptly as possible
- Update your case notes and begin your investigation cycle for the next review period
- Indiana GALs (through their CASA program) have standing to seek reconsideration or appeal court orders adverse to the child's best interests
- Contact your CASA supervisor immediately — Indiana appeal deadlines are strict (typically 30 days)
- Document your reasoning thoroughly in writing before any appeal deadline expires
- Your program supervisor and legal counsel will guide the reconsideration or appeal process
📍 Local Resources — Indianapolis Metro (Marion County)
🧠 Mental Health Resources
Children in Indiana's CHINS system experience trauma-related disorders at dramatically elevated rates. GALs play a critical role in ensuring mental health needs are identified and addressed through appropriate evidence-based services — not just any referral that happens to be available.
🏠 Housing & Basic Needs
🌐 Indiana Statewide Resources
🇺🇸 Federal Resources
💛 Working with Children — Trauma-Informed Practice
Every child in Indiana's CHINS system has experienced trauma — whether from abuse, neglect, domestic violence, parental substance abuse, or the trauma of removal itself. Effective GALs use trauma-informed principles in every interaction with the child, and help the system respond to underlying trauma rather than reacting to surface behaviors.
Meet in familiar, safe locations. Avoid DCS offices if the child associates them with stressful events. Schools, libraries, parks, or the foster home (if positive) are typically better meeting environments than any agency office.
Children who have been neglected or repeatedly failed by caregivers and systems are exquisitely sensitive to broken promises. If you say you will call, call. If you say you will attend the school event, attend. Reliability is the foundation of trust with traumatized children.
Do not overpromise outcomes. Explain what you can and cannot control. "I can't promise what the judge will decide, but I will tell the judge exactly what you told me" is more trustworthy and more helpful than false reassurances about the future.
Even very young children have preferences that deserve to be heard. Ask about school, their placement, their relationships, and what they want. Reflect their views in your court report even when those views do not control your best-interest recommendation.
Indiana's foster care population includes significant Black, Latino, and Native American communities that are disproportionately represented in the CHINS system. Approach cultural and family differences with genuine curiosity. Advocate for culturally competent services and culturally connected placements where possible.
GAL volunteers are at risk for vicarious traumatization from repeated exposure to children's suffering and systemic failures. Attend debriefing sessions offered by your CASA program. Talk with your supervisor. Recognize warning signs: intrusive thoughts, emotional numbing, withdrawal, or burnout.
📄 Court Report Writing Guide — Indiana
The court report is your most powerful advocacy tool as an Indiana GAL. A well-written report educates the judge on facts the court record may not otherwise reflect and translates your best-interest findings into a clear, credible recommendation. Always review your report with your CASA supervisor before filing.
Child's name (or initials per local rules), cause number, court, hearing date, CASA volunteer name and contact, CASA program name. Include the date of your most recent in-person visit with the child.
List documents reviewed (DCS case plan, school records, medical records, therapy notes, prior court orders) and people interviewed (child, foster parent, family case manager, teacher, therapist). Documenting thoroughness establishes your credibility with the court.
Describe the current placement, the child's adjustment, and any changes since the last hearing. Note physical health, emotional state, school performance, peer relationships, and any recent crises or significant events in the placement.
Identify each service in the case plan and whether it has been accessed. Note barriers to service access. Flag any services ordered but not yet provided — this is critical for the court's "reasonable efforts" findings.
Objectively describe parent compliance with the dispositional decree without editorializing. Note visitation frequency, quality, and any missed visits. The court needs facts, not opinions, to make findings about DCS's reasonable efforts and parental fitness.
Report what the child told you about their placement, school, family relationships, and wishes — using the child's own words where appropriate and age-appropriate. Clearly distinguish between the child's statements and your interpretations.
State your recommendation clearly and specifically: what you believe should happen at this hearing and why. "Continue current placement and order enrollment in TF-CBT therapy within 30 days" is more useful and more likely to be adopted than "ensure child's needs are met."
List the specific orders you are requesting. Indiana GALs under IC 31-34-10-3 may present requests to the court. Providing the court with clear, specific proposed order language — reviewed by your supervisor — maximizes the likelihood your recommendations are adopted.