Emergency Guardianship Indiana: Temporary Orders for Relatives

When a Child Needs a Guardian Right Now

A phone call at midnight, a knock from DCS, a parent rushed to the hospital — and suddenly a grandparent or aunt is raising a child who was fine yesterday. Indiana law has a mechanism for exactly this situation: the emergency temporary guardianship under IC 29-3-3-4.

A temporary guardian can be appointed when four conditions are met: no guardian has been appointed, an emergency exists, the child's welfare requires immediate action, and no other person appears to have authority to act. If the child faces immediate and irreparable injury, the court can hold an expedited hearing — sometimes within days — even without advance notice to the parents.

The 90-Day Temporary Order

Indiana caps a temporary guardianship at 90 days from appointment. The court can grant one extension of up to 90 additional days if you file a motion, give notice to all parties, and the judge finds good cause to continue the arrangement.

That means 180 days is the absolute ceiling for temporary authority. If the child will need a guardian beyond that window, you must file a separate petition for permanent guardianship under IC 29-3-5 before the temporary order expires.

What the Court Needs to See

To get a temporary emergency order, you will typically need:

• A verified petition explaining the emergency — what happened, why parental care is unavailable, and why the child needs immediate protection
• Evidence of the emergency (hospital records, police reports, a DCS safety plan, or sworn statements from witnesses)
• Your completed Appearance form and Confidential Guardianship Information Sheet
• The CHINS Disclosure Form, if the child has been the subject of a substantiated abuse or neglect report, determined to be a CHINS, involved in an informal adjustment, or a party has been identified as a perpetrator in a substantiated report

If the court grants an ex parte order (one issued before the parents have a chance to respond), the parents must still receive notice afterward. If the child petitions to terminate or modify the appointment, the court must hear that petition at the earliest possible time.

Converting a Temporary Order to Permanent Guardianship

Most families who start with a temporary order need the permanent version. File your permanent guardianship petition while the temporary order is still active — waiting until it expires leaves a gap where you have no legal authority over the child.

The permanent petition follows the full IC 29-3 process: serving notice on all living parents, completing background checks, attending a hearing where the judge determines that guardianship is necessary for the child's care and supervision.

Standby Guardianship: The Planned Emergency

Indiana also offers a standby guardianship declaration under IC 29-3-3-7 — a parent or guardian may designate someone in writing to assume legal custody if the parent or guardian dies or becomes unable to care for the child. The standby guardian's authority activates immediately on the triggering event.

The critical rule: a standby guardianship expires 90 days after activation unless the standby guardian files a formal guardianship petition within that window. If a petition is filed on time, the standby authority stays in effect until the court rules.

Where to Start

Download the appropriate petition packet from Indiana Legal Help: the Minor Guardianship With Consent packet (CCA-GU-0520-4002) if all living parents and other interested parties consent, or the Minor Guardianship Without Consent packet (CCA-GU-1120-4002) if any required party does not consent or cannot be found.

For a complete walkthrough of the filing process, notice requirements, hearing preparation, and post-appointment duties, the Indiana Guardianship and Custody Court Process Guide covers every step from petition to Letters of Guardianship.

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