Sec. 10.5. (a) As used in this section, “court appointed special advocate” has the meaning set forth in IC 31-9-2-28.

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Terms Used In Indiana Code 31-32-3-10.5

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
     (b) As used in this section, “guardian ad litem” has the meaning set forth in IC 31-9-2-50.

     (c) When a juvenile court appoints a guardian ad litem or court appointed special advocate in a proceeding from a volunteer based program funded through IC 33-24-6-4, and, due to the caseload of the guardian ad litem program or court appointed special advocate program, the child is placed on a waiting list for guardian ad litem or court appointed special advocate services:

(1) the guardian ad litem program or court appointed special advocate program;

(2) any employee of or volunteer for the guardian ad litem program or court appointed special advocate program; and

(3) any individual acting as a contracted guardian ad litem;

are immune from civil liability based on the child being placed on the waiting list unless the placement of the child on the waiting list is the result of gross negligence or willful and wanton misconduct.

     (d) Nothing in this section shall be construed to negate the appointment of a:

(1) guardian ad litem; or

(2) court appointed special advocate;

when required by IC 31-34-10-3.

As added by P.L.120-2018, SEC.3.

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