Indiana Guardianship CHINS Disclosure and Background Check Requirements

Two requirements trip up more self-represented filers than almost anything else in an Indiana guardianship case: the conditional CHINS disclosure and the DCS criminal-history check. The CHINS disclosure is required when a party knows of one of the listed facts; the petitioner must provide the information, forms, or consents DCS needs to conduct the criminal-history check.

What the CHINS Disclosure Form Is

Under IC 29-3-2-7, a party to a minor guardianship proceeding who knows of certain child-welfare facts must submit a written disclosure to the court. In practice, the petitioner files the CHINS Disclosure Form when one of the listed conditions applies.

The form requires you to disclose whether:

• The child has been the subject of a substantiated report of child abuse or neglect
• The child has been determined to be a Child in Need of Services (CHINS) under IC 31-34
• The child has been involved in an informal adjustment under IC 31-34-8
• Any party to the guardianship proceeding has been identified as a perpetrator in a substantiated child abuse or neglect report

When the listed facts apply, IC 29-3-2-7 requires the petition and any response to be filed under seal. Under Access to Court Records Rule 5(B), a confidential filing needs an ACR form identifying the statutory ground. The separate Guardianship Information Sheet is also confidential under Trial Rule 3.1(A)(10); the packet includes an ACR form for that sheet.

Where to Get the Form

The standardized CHINS Disclosure Form is available as an additional form on both the "with consent" and "without consent" guardianship packet pages from Indiana Legal Help:

• With Consent packet: CCA-GU-0520-4002
• Without Consent packet: CCA-GU-1120-4002

The CHINS Disclosure form itself was revised in April 2024 (code: Minor-Guardianship-CHINS-Disclosure-202404.pdf). Make sure you're using the current version — courts may reject outdated forms.

The CCA-GU codes identify the forms; they are not statutory section numbers. Don't confuse them with IC statute references.

The Ongoing Duty to Update

Filing the CHINS Disclosure isn't a one-time obligation. Under IC 29-3-2-7, you have a continuing duty to file written updates with the court if any disclosed information changes while the case is pending. If DCS opens a new investigation involving the child or if a party becomes the subject of a substantiated abuse report after you filed, you must notify the court promptly.

DCS Background Checks

Separately from the CHINS Disclosure, Indiana guardianship proceedings require a background check of the petitioner and other household members. Under state judicial guidelines, DCS conducts or coordinates:

• Fingerprint-based FBI and state criminal history searches
• Indiana Child Protective Services (CPS) abuse/neglect registry checks
• National Sex Offender Registry verification
• Local court criminal record searches

You'll need to submit your information and consent for these checks. Fingerprinting is done through an approved state vendor, and you pay the processing fee directly — usually $30 to $60.

What Can Disqualify You

Indiana doesn't publish a rigid statutory list of automatic disqualifiers for guardianship of a minor's person, but certain findings will make appointment extremely unlikely:

• A substantiated finding of child abuse or neglect against you
• A conviction for a violent felony, sexual offense, or crime against a child
• An active entry on the sex offender registry
• An unresolved drug offense that raises concerns about the child's safety

The judge has discretion. A decades-old misdemeanor won't necessarily bar you, but the court weighs the nature, severity, and recency of any finding against the child's best interests. If you have a past record, disclose it honestly in your petition — trying to hide it only to have DCS turn it up later destroys your credibility.

How Long Background Checks Take

Processing times vary by county and the vendor's workload. Expect two to four weeks for fingerprint results, sometimes longer. Some courts won't schedule your hearing until background check clearances are on file, so submit early — ideally as soon as you file your petition.

If you've recently been cleared for a foster care license or another guardianship, ask the court whether those results can carry over. Some judges accept recent clearances to avoid redundant processing.

Our Indiana Guardianship and Custody Court Process Guide includes a complete filing checklist with the CHINS Disclosure and background check steps in sequence, so nothing falls through the cracks.

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