Ind. Code § 31-19-11-1 — Indiana Code / Title 31 / Article 19 / Chapter 11 / Section 31-19-11-1
Decree; affidavit; criminal convictions and juvenile adjudications
Status: in_force

Note: This version of section amended by P.L.145-2026, SEC.170. See also following version of this section amended by P.L.158-2026, SEC.24.

Sec. 1. (a) Whenever the court has heard the evidence and finds that:

(1) the adoption requested is in the best interest of the child;

(2) the petitioner or petitioners for adoption are of sufficient ability to rear the child and furnish suitable support and education;

(3) the report of the investigation and recommendation under IC 31-19-8-5 has been filed;

(4) the attorney or agency arranging an adoption has filed with the court an affidavit prepared by the Indiana department of health under IC 31-19-5-16 indicating whether a man is entitled to notice of the adoption because the man has registered with the putative father registry in accordance with IC 31-19-5;

(5) proper notice arising under subdivision (4), if notice is necessary, of the adoption has been given;

(6) the attorney or agency has filed with the court an affidavit prepared by the Indiana department of health under:

(A) IC 31-19-6 indicating whether a record of a paternity determination; or

(B) IC 16-37-2-2(g) indicating whether a paternity affidavit executed under IC 16-37-2-2.1;

has been filed in relation to the child;

(7) proper consent, if consent is necessary, to the adoption has been given;

(8) the petitioner for adoption is not prohibited from adopting the child as the result of an inappropriate criminal history described in subsection (c) or (d); and

(9) the person, licensed child placing agency, or local office that has placed the child for adoption has provided the documents and other information required under IC 31-19-17 to the prospective adoptive parents;

the court shall grant the petition for adoption and enter an adoption decree.

(b) A court may not grant an adoption unless the Indiana department of health's affidavit under IC 31-19-5-16 is filed with the court as provided under subsection (a)(4).

(c) A juvenile adjudication for an act listed in IC 31-9-2.1-168 that would be a felony if committed by an adult, a conviction of a misdemeanor related to the health and safety of a child, or a conviction of a felony not listed in IC 31-9-2.1-168 by a petitioner for adoption or household member is a permissible basis for the court to deny the petition for adoption. In addition, the court may not grant an adoption if a petitioner for adoption has been convicted of a nonwaivable offense under IC 31-9-2.1-168. However, the court is not prohibited from granting an adoption based upon a felony conviction for:

(1) a felony under IC 9-30-5;

(2) battery (IC 35-42-2-1);

(3) criminal recklessness (IC 35-42-2-2) as a felony;

(4) criminal confinement (IC 35-42-3-3);

(5) arson (IC 35-43-1-1);

(6) nonsupport of a dependent child (IC 35-46-1-5);

(7) operating a motorboat while intoxicated (IC 35-46-9-6) as a felony;

(8) a felony involving a weapon under IC 35-47; or

(9) a felony relating to controlled substances under IC 35-48-4;

if the date of the conviction did not occur within the immediately preceding five (5) year period.

(d) A court may not grant an adoption if the petitioner is a sex or violent offender (as defined in IC 11-8-8-5) or a sexually violent predator (as defined in IC 35-38-1-7.5).

(e) In addition to this section, section 1.1 of this chapter applies when one (1) or more petitioners is a person with a disability.

[Pre-1997 Recodification Citations: 31-3-1-8(a); 31-3-1.5-14(c).]

As added by P.L.1-1997, SEC.11. Amended by P.L.257-1997(ss), SEC.38; P.L.200-1999, SEC.23; P.L.1-2002, SEC.126; P.L.123-2002, SEC.29; P.L.129-2005, SEC.3; P.L.140-2006, SEC.17 and P.L.173-2006, SEC.17; P.L.145-2006, SEC.253; P.L.1-2007, SEC.196; P.L.138-2007, SEC.44; P.L.216-2007, SEC.34; P.L.3-2008, SEC.238; P.L.21-2010, SEC.7; P.L.162-2011, SEC.16; P.L.128-2012, SEC.56; P.L.158-2013, SEC.311; P.L.243-2019, SEC.5; P.L.142-2020, SEC.38; P.L.146-2021, SEC.9; P.L.56-2023, SEC.282; P.L.145-2026, SEC.170.
Ind. Code § 31-39-7-2 — Indiana Code / Title 31 / Article 39 / Chapter 7 / Section 31-39-7-2
Law enforcement records
Status: in_force

Sec. 2. A person on whom law enforcement records subject to IC 31-39-3 and IC 31-39-4 are maintained may request the law enforcement agency to modify any information that the person believes is incorrect or misleading.

[Pre-1997 Recodification Citation: 31-6-8-1.2(i).]

As added by P.L.1-1997, SEC.22.
Ind. Code § 31-25-2-14 — Indiana Code / Title 31 / Article 25 / Chapter 2 / Section 31-25-2-14
Cooperation with public and private agencies
Status: in_force

Sec. 14. (a) The department shall cooperate with and shall seek and receive the cooperation of appropriate public and private agencies, including the following:

(1) Law enforcement agencies.

(2) The courts.

(3) Organizations, groups, and programs providing or concerned with services related to the prevention, identification, or treatment of a child who may be a victim of child abuse or neglect.

(b) The department shall also cooperate with public and private agencies, organizations, and groups that provide family services designed to prevent a child's removal from the child's home.

(c) Cooperation and involvement under this section may include the following:

(1) Consultation services.

(2) Planning.

(3) Case management.

(4) Public education and information services.

(5) Use of each other's facilities, staff, and other training.

As added by P.L.145-2006, SEC.271.
Ind. Code § 31-16-12-3 — Indiana Code / Title 31 / Article 16 / Chapter 12 / Section 31-16-12-3
Arrearages; court orders
Status: in_force

Sec. 3. (a) The obligation of a person to pay child support arrearages does not terminate when the person's duty to support a child ceases under IC 31-16-6-6 (or IC 31-1-11.5-12(e) before its repeal). The statutes applicable to the collection of child support obligations are applicable to the collection of child support arrearages described in this section.

(b) The court, upon request of a person or an agency entitled to receive child support payments, may issue an order that contains any of the following:

(1) A determination of the amount of child support arrearage due to a person or an agency entitled to receive child support payments.

(2) An order directing a person to pay the child support arrearage.

(3) The schedule and other terms on which a person is to pay a child support arrearage.

(4) Any other provision that the court determines to be appropriate.

An order issued under this subsection is enforceable to the same extent as an order or award in a child support decree.

[Pre-1997 Recodification Citation: 31-1-11.5-12(h).]

As added by P.L.1-1997, SEC.8. Amended by P.L.39-2002, SEC.2.
Ind. Code § 31-9-2.1-137 — Indiana Code / Title 31 / Article 9 / Chapter 2.1 / Section 31-9-2.1-137
"Issuing foreign country"
Status: in_force

Sec. 137. "Issuing foreign country", for purposes of the Uniform Interstate Family Support Act under IC 31-18.5, has the meaning set forth in IC 31-18.5-1-2.

As added by P.L.145-2026, SEC.161.
Ind. Code § 31-27-6-13 — Indiana Code / Title 31 / Article 27 / Chapter 6 / Section 31-27-6-13
Records of monitoring activities and inspections
Status: in_force

Sec. 13. The department shall keep written records of the department's monitoring activities and onsite inspections.

As added by P.L.145-2006, SEC.273.
Ind. Code § 31-25-4-18 — Indiana Code / Title 31 / Article 25 / Chapter 4 / Section 31-25-4-18
Order for genetic testing to establish paternity; income withholding
Status: in_force

Sec. 18. (a) Under 42 U.S.C. 666, the bureau has the authority, without a court order, to order genetic testing to establish paternity.

(b) The bureau may not order genetic testing as provided under this section without a request from a local child support attorney where an order for child support is entered.

(c) The bureau shall recognize and enforce the authority of a state agency from another state to take any action as required under 42 U.S.C. 666(c).

(d) The bureau shall notify the appropriate circuit court clerk in any case where an action of the bureau results in income withholding or a change of payee of a child support order in a Title IV-D case.

(e) In accordance with 42 U.S.C. 654B(a)(3), the bureau shall provide a single address to which income withholding payments may be sent.

As added by P.L.145-2006, SEC.271.
Ind. Code § 31-37-22-4.5 — Indiana Code / Title 31 / Article 37 / Chapter 22 / Section 31-37-22-4.5
Placement of delinquent child in out-of-home residence or facility; case plan
Status: in_force

Sec. 4.5. (a) This section applies to a delinquent child if the child is placed in an out-of-home residence or facility that is not a secure detention facility.

(b) The probation department, after negotiating with:

(1) the child's parent, guardian, or custodian; and

(2) any child representatives selected by the child and approved by the child's probation officer under IC 31-37-19-1.7;

shall complete the child's case plan not later than sixty (60) days after the date of the child's first placement that the probation department requests to be paid for by the department.

(c) A copy of the completed case plan shall be sent, not later than ten (10) days after the date of the completion of the plan, to:

(1) the department;

(2) the child's parent, guardian, or custodian;

(3) the child, if the child is at least fourteen (14) years of age;

(4) any child representatives selected by the child and approved by the child's probation officer under IC 31-37-19-1.7; and

(5) any agency having the legal responsibility or authorization to care for, treat, or supervise the child.

(d) A child's case plan must be in a form prescribed by the department that meets the specifications set by 45 CFR 1356.21, as amended. The case plan must include a description and discussion of the following:

(1) A permanency plan for the child and an estimated date for achieving the goal of the plan. However, a child who is less than sixteen (16) years of age may not have another planned, permanent living arrangement as the child's permanency plan.

(2) The appropriate placement for the child based on the child's special needs and best interests.

(3) The least restrictive family like setting that is close to the home of the child's parent, custodian, or guardian if out-of-home placement is implemented or recommended, including consideration of possible placement with any suitable and willing relative, before considering other out-of-home placements for the child.

(4) Family services recommended for the child, parent, guardian, or custodian.

(5) Efforts already made to provide family services to the child, parent, guardian, or custodian.

(6) Efforts that will be made to provide family services that are ordered by the court.

(7) A plan for ensuring the educational stability of the child while in foster care that includes assurances that the:

(A) placement of the child in foster care considers the appropriateness of the current educational setting of the child and the proximity to the school where the child presently is enrolled; and

(B) department has coordinated with local educational agencies to ensure:

(i) the child remains in the school where the child is enrolled at the time of removal; or

(ii) immediate and appropriate enrollment of the child in a different school, including arrangements for the transfer of the child's school records to the new school, if remaining in the same school is not in the best interests of the child.

(8) Any age appropriate activities that the child is interested in pursuing.

(9) If the case plan is for a child in foster care who is at least fourteen (14) years of age, the following:

(A) A document that describes the rights of the child with respect to:

(i) education, health, visitation, and court participation;

(ii) the right to be provided with the child's medical documents and other medical information; and

(iii) the right to stay safe and avoid exploitation.

(B) A signed acknowledgment by the child that the:

(i) child has been provided with a copy of the document described in clause (A); and

(ii) rights contained in the document have been explained to the individual in an age appropriate manner.

(e) The probation department and each caretaker of a child shall cooperate in the development of the case plan for the child. The probation department shall discuss with at least one (1) foster parent or other caretaker of a child the role of the substitute caretaker or facility regarding the following:

(1) Rehabilitation of the child and the child's parents, guardians, and custodians.

(2) Visitation arrangements.

(3) Services required to meet the special needs of the child.

(f) The case plan must be reviewed and updated by the probation department at least once every one hundred eighty (180) days.

As added by P.L.131-2009, SEC.72. Amended by P.L.123-2014, SEC.29; P.L.104-2015, SEC.48.
Ind. Code § 31-9-2.1-210 — Indiana Code / Title 31 / Article 9 / Chapter 2.1 / Section 31-9-2.1-210
"Residence"
Status: in_force

Sec. 210. "Residence", for purposes of the Interstate Compact on Juveniles under IC 31-37-23-1, has the meaning set forth in IC 31-37-23-1.

As added by P.L.145-2026, SEC.161.
Ind. Code § 31-37-26-6 — Indiana Code / Title 31 / Article 37 / Chapter 26 / Section 31-37-26-6
Competency determination made by the court; competency attainment services
Status: in_force

Sec. 6. (a) If the court determines that the juvenile is competent, the court shall proceed with the delinquency proceedings as provided by law. No statement that a child makes during an evaluation or hearing conducted under this chapter may be used against the child in any juvenile or adult proceeding.

(b) If the court determines that the juvenile is not competent, the court shall determine whether the child may attain competency within:

(1) one hundred eighty (180) days, if the child is alleged to have committed an act that would be a felony if committed by an adult; or

(2) ninety (90) days, if the child is alleged to have committed an act that would not be a felony if committed by an adult.

(c) If the court determines that the juvenile is not competent and will not attain competency within the relevant time periods as described in subsection (b), the court shall:

(1) dismiss the allegations without prejudice; or

(2) delay dismissing the allegations for not more than ninety (90) days and:

(A) refer the matter to the department and request that the department determine whether the child may be a child in need of services; or

(B) order a probation officer to:

(i) refer the child or the child's family to an entity certified or licensed by the division of mental health and addiction, or the bureau of disabilities services; or

(ii) otherwise secure services to reduce the potential that the child will engage in behavior that could result in delinquent child or other criminal charges.

If the court determines that the options described in subdivisions (1) and (2) are not in the best interests of the child, the court may, if it appears to the court that a child is mentally ill, refer the matter to the court having probate jurisdiction for civil commitment proceedings under IC 12-26 or initiate a civil commitment proceeding under IC 12-26.

(d) If the court determines that the juvenile is not competent but is reasonably likely to attain competency within the relevant time periods as described in subsection (b), the court may order the child to participate in services, other than a state institution, specifically designed to help the child attain competency, to be paid by the department subject to the requirements described in IC 31-37. If the court orders the child to receive competency attainment services, the court shall:

(1) identify a qualified provider to deliver the competency attainment services; and

(2) order a probation officer to contact that provider by a specified date to arrange for services.

(e) Not later than ten (10) days after the court identifies the qualified competency attainment services provider as described in subsection (d), the court shall transmit to the provider a copy of each competency assessment report it has received for review. The provider shall return the copies of the reports to the court upon the termination of the services.

(f) Not later than thirty (30) days after the probation officer contacts the competency attainment services provider under subsection (d), the provider shall submit to the court a competency attainment plan for the court's approval. If the court approves the plan, the court shall provide copies of the plan to the prosecuting attorney, the child's attorney, the child's guardian ad litem, if any, and the child's parents, guardian, or custodian.

(g) Competency attainment services provided to a child are subject to the following conditions and time periods measured from the date the court approves the plan:

(1) Services shall be provided in the least restrictive setting that is consistent with the child's ability to attain competency, and the safety of both the child and the community. If the child has been released on a temporary or interim order and refuses or fails to cooperate with the provider, the court may reassess the order and amend it to require a more appropriate setting.

(2) No child may be required to participate in competency attainment services for longer than is required for the child to attain competency. In addition, if a child is:

(A) in a nonresidential setting, the child may not be required to participate for more than:

(i) ninety (90) days if the child is charged with an act that would not be a felony if committed by an adult; or

(ii) one hundred eighty (180) days if the child is charged with an act that would be a felony or murder if committed by an adult;

(B) in a residential setting that is operated solely or in part for the purpose of providing competency attainment services, the child may not be ordered to participate for more than:

(i) forty-five (45) days if the child is charged with an act that would not be a felony if committed by an adult;

(ii) ninety (90) days if the child is charged with an act that would be a Level 4, Level 5, or Level 6 felony if committed by an adult; or

(iii) one hundred eighty (180) days if the child is charged with an act that would be murder or a Level 1, Level 2, or Level 3 felony if committed by an adult; and

(C) in a residential, detention, or other secured setting where the child has been placed for reasons other than to participate in competency attainment services, but where the child is also ordered to participate in competency attainment services, the child may not be required to participate for more than:

(i) ninety (90) days if the child is charged with an act that would not be a felony if committed by an adult; or

(ii) one hundred eighty (180) days if the child is charged with an act that would be a felony or murder if committed by an adult.

(h) The provider that provides the child's competency attainment services shall submit reports to the court as follows:

(1) The provider shall report on the child's progress every thirty (30) days, and upon the termination of services. The report may not include any details of the alleged offense as reported by the child.

(2) If the provider determines that the current setting is no longer the least restrictive setting that is consistent with the child's ability to attain competency and the safety of both the child and the community, the provider shall report this to the court within three (3) days of the determination.

(3) If the provider determines that the child has achieved the goals of the plan and is able to understand the nature and objectives of the proceeding against the child and to assist in the child's defense, with or without reasonable accommodations, the provider shall issue a report informing the court of that determination within three (3) days of the determination. If the provider believes that accommodations are necessary or desirable, the report shall include recommendations for accommodations.

(4) If the provider determines that the child will not achieve the goals of the plan within the applicable period of time under this section, the provider shall issue a report informing the court of the determination within three (3) days of the determination. The report shall include recommendations for services for the child that would support the safety of the child or the community.

(i) The court shall provide a copy of any report received under subsection (h) to the following:

(1) The prosecuting attorney.

(2) The attorney representing the child.

(3) The child's guardian ad litem, if any.

(4) The child's parent, guardian, or custodian, unless the court finds that providing a copy of the report is not in the best interests of the child.

(j) Not later than fifteen (15) days after receiving a report under subsection (h), the court may hold a hearing to determine if it should issue a new order. The court may order a new competency evaluation if the court believes that it may assist the court in making its determination. The child shall continue to participate in competency attainment services until a new order is issued or the required period of participation ends.

(k) If, following a hearing held under subsection (j), the court determines that the child has not or will not attain competency within the relevant period of time under subsection (g), the court shall:

(1) dismiss the allegations without prejudice; or

(2) delay dismissing the allegations for not more than ninety (90) days and:

(A) refer the matter to the department and request that the department determine whether the child may be a child in need of services; or

(B) order a probation officer to:

(i) refer the child or the child's family to an entity certified or licensed by the division of mental health and addiction, or the bureau of disabilities services; or

(ii) otherwise secure services to reduce the potential that the child will engage in behavior that could result in delinquent child or other criminal charges.

If the court determines that the options described in subdivision (1) or (2) are not in the best interests of the child, the court may, if it appears to the court that a child is mentally ill, refer the matter to the court having probate jurisdiction for civil commitment proceedings under IC 12-26 or initiate a civil commitment proceeding under IC 12-26.

(l) If, following a hearing held under subsection (j), the court determines that the child is competent, the court shall proceed with the delinquency proceedings as described in subsection (a).

(m) Allegations dismissed under subsections (c) and (k) do not preclude:

(1) a future proceeding against the child if the child eventually attains competency; or

(2) a civil action against the child based on the conduct that formed the basis of the allegations against the child.

(n) A referral made under subsection (c) or (k) does not establish an obligation on the division of mental health and addiction, a state institution, or the bureau of disabilities services to provide services to a referred child.

(o) Proceedings under this chapter do not toll the time limits under IC 31-37-11-5.

As added by P.L.157-2021, SEC.3. Amended by P.L.241-2023, SEC.17.
Ind. Code § 31-16-6-9 — Indiana Code / Title 31 / Article 16 / Chapter 6 / Section 31-16-6-9
Duty to furnish information; exception
Status: in_force

Sec. 9. (a) The custodial parent and noncustodial parent shall furnish the following information to the clerk of the court for entry into the Indiana support enforcement tracking system (ISETS) or its successor statewide automated support enforcement system at the time of the issuance or modification of a child support order:

(1) Except as provided in subsection (b), the parent's:

(A) Social Security number;

(B) current residence and mailing address;

(C) telephone numbers;

(D) date of birth; and

(E) driver's license number.

(2) The name, telephone number, and address of the parent's employer.

(b) An individual certified as a program participant in the address confidentiality program under IC 5-26.5 is not required to provide the individual's current residence and mailing address if the individual provides an address designated by the office of the attorney general under IC 5-26.5 as the individual's current residence and mailing address.

As added by P.L.80-2010, SEC.31. Amended by P.L.128-2012, SEC.35.
Ind. Code § 31-27-4-10 — Indiana Code / Title 31 / Article 27 / Chapter 4 / Section 31-27-4-10
Investigation of applicants
Status: in_force

Sec. 10. The department shall investigate a person seeking licensure to determine whether the person is in compliance with this article and the rules adopted under this article. The investigation shall be conducted at a reasonable time and in a reasonable manner in announced or unannounced visits. Activities may include onsite inspections, record reading, observation, and interviewing. The department may require that evidence of compliance with the rules be presented in a form and manner specified in the rules.

As added by P.L.145-2006, SEC.273.
Ind. Code § 31-19-4.5-1.5 — Indiana Code / Title 31 / Article 19 / Chapter 4.5 / Section 31-19-4.5-1.5
Notice to grandparent limited to issue of visitation; notice not required if child placed with department
Status: in_force

Sec. 1.5. A notice to a grandparent required under IC 31-19-2.5-3(a)(3) is:

(1) limited to the issue of visitation and may not be used to contest an adoption; and

(2) not required if the child to be adopted has been placed in the care, custody, or control of the department.".

As added by P.L.16-2017, SEC.4. Amended by P.L.190-2017, SEC.4.
Ind. Code § 31-27-6-15.5 — Indiana Code / Title 31 / Article 27 / Chapter 6 / Section 31-27-6-15.5
Personnel; qualifications
Status: in_force

Sec. 15.5. (a) A child placing agency shall establish minimum qualifications for each classification of employee. The standards in subsections (b) through (e) must be used as a guide by each child placing agency in establishing minimum qualifications for the classifications of an executive, a casework supervisor, a caseworker, and a worker in training, and by the department in the licensing of each child placing agency.

(b) An executive must have the following:

(1) A bachelor's degree.

(2) At least one (1) of the following:

(A) Five (5) years of paid experience in a field related to social work, at least two (2) years of which were:

(i) in social work; or

(ii) in a supervisory or administrative capacity in a field related to social work, including working for the department.

(B) A master's degree in social work, counseling, or a related human services area and at least two (2) years of paid experience:

(i) in social work; or

(ii) in a supervisory or administrative capacity in a field related to social work, including working for the department.

(c) A casework supervisor must have the following:

(1) A bachelor's degree.

(2) At least one (1) of the following:

(A) Three (3) years of supervised paid casework experience, at least one (1) year of which was with a child welfare agency (as defined in IC 31-9-2.1-50).

(B) At least eight (8) credit hours of master's degree level courses in:

(i) social work;

(ii) counseling; or

(iii) a human services area of study or related field;

and at least one (1) year of supervised paid casework with a child welfare agency (as defined in IC 31-9-2.1-50).

(d) A caseworker must have the following:

(1) A bachelor's degree.

(2) At least one (1) of the following:

(A) Three (3) years of supervised paid casework experience.

(B) One (1) year of supervised paid casework experience in a licensed child placing agency or with the department.

(C) One (1) year of graduate training in a recognized school of social work.

(e) A worker in training must have a bachelor's degree.

(f) A child placing agency must only employ a staff member who is:

(1) duly qualified;

(2) of good moral character; and

(3) in satisfactory health.

(g) An employee who is in a position on January 1, 2012, and who qualified for that position on December 31, 2011, is exempt from the requirements of this section.

As added by P.L.109-2024, SEC.7. Amended by P.L.81-2025, SEC.7; P.L.145-2026, SEC.188.
Ind. Code § 31-16-16-3 — Indiana Code / Title 31 / Article 16 / Chapter 16 / Section 31-16-16-3
Judgment as lien; priority; perfection
Status: in_force

Sec. 3. (a) A lien is created against the real and personal property of the obligor in the amount of a judgment described in section 2 of this chapter.

(b) A person holding a lien created by a judgment described in section 2 of this chapter:

(1) has the priority of an unperfected secured creditor in any enforcement proceeding instituted against the property; and

(2) may perfect the lien in the same manner as liens arising from other civil judgments are perfected.

[Pre-1997 Recodification Citation: 31-2-11-9.]

As added by P.L.1-1997, SEC.8. Amended by P.L.3-2008, SEC.233.
Ind. Code § 31-35-5-3 — Indiana Code / Title 31 / Article 35 / Chapter 5 / Section 31-35-5-3
Court order for use of videotapes
Status: in_force

Sec. 3. On the motion of the attorney for the department, the court may order that the testimony of a child be videotaped for use at proceedings to determine whether the parent-child relationship should be terminated.

[Pre-1997 Recodification Citation: 31-6-16-3 part.]

As added by P.L.1-1997, SEC.18. Amended by P.L.145-2006, SEC.333; P.L.146-2008, SEC.622.
Ind. Code § 31-25-2-17 — Indiana Code / Title 31 / Article 25 / Chapter 2 / Section 31-25-2-17
Repealed
Status: repealed

As added by P.L.145-2006, SEC.271. Repealed by P.L.146-2008, SEC.806.
Ind. Code § 31-16-15-5.5 — Indiana Code / Title 31 / Article 16 / Chapter 15 / Section 31-16-15-5.5
Income withholding order; lifting stay of implementation
Status: in_force

Sec. 5.5. (a) An obligor or an obligee may file a petition to lift a stay of implementation of an income withholding order.

(b) If an obligee files a petition under subsection (a), the court shall:

(1) set a date for a hearing on the petition; and

(2) send a written notice of the hearing to lift the stay of implementation of the income withholding order to the obligor in accordance with subsection (c).

The court must set a date for the hearing that is not more than twenty (20) days after the date the petition is filed.

(c) The notice under subsection (b)(2) must include the following:

(1) A statement as to whether the obligor is delinquent in the payment of child support.

(2) If applicable, the amount of child support the obligor is in arrears.

(3) A statement that if the petition is granted, the obligor's income shall be:

(A) withheld by the court for the payment of child support; and

(B) forwarded to the state central collection unit with a statement identifying:

(i) the cause number for each obligee;

(ii) the name of each obligor;

(iii) the name of each obligee with the amount of the withheld income forwarded by the income payor;

(iv) the Social Security number of each obligor; and

(v) the Indiana support enforcement tracking system (ISETS) or its successor statewide automated support enforcement system number for each obligee.

(4) The following statements:

(A) That the total amount of income to be withheld under an income withholding order from the obligor's income is the sum of:

(i) the obligor's current child support obligation; plus

(ii) the amount of arrearage payment ordered by the court; plus

(iii) a fee of two dollars ($2), which must be paid at the income payor's option to the income payor each time the income payor forwards income to the state central collection unit.

(B) That the total amount of income withheld may not exceed the maximum amount permitted by 15 U.S.C. 1673(b).

(C) That the income withholding order applies to the receipt of any current or subsequent income.

(D) That the only basis for contesting the petition to lift the stay of implementation of the income withholding order is a mistake of fact.

(E) That an obligor may contest the court's lifting the stay of the income withholding order by appearing at the hearing scheduled by the court on the petition to lift the stay.

(F) That if the obligor does not appear at the hearing, the court shall implement the income withholding order.

(G) That an income payor shall:

(i) begin withholding income not later than the first pay date after fourteen (14) days following the date the income withholding order is received by the income payor; and

(ii) report to the state central collection unit the date on which the income was withheld from the obligor's income.

(H) That if an income payor is required to withhold income from more than one (1) obligor, the income payor may combine the withheld amount of income into a single payment for all obligors who are required to make payments to the state central collection unit if the income payor identifies the part of the single payment that is attributable to each individual obligor.

(I) That if an obligor has:

(i) more than one (1) income withholding order against the obligor; and

(ii) insufficient disposable earnings to pay the amount of income withholding for all income withholding orders;

the income payor shall distribute the withheld income pro rata among the persons entitled to receive income under the income withholding orders, giving priority to a current income withholding order.

(J) That an income payor shall honor all withholding to the extent that the total amount withheld does not exceed limits imposed under 15 U.S.C. 1673(b).

(K) That the income withholding is binding upon the income payor until further notice by the court.

(L) That an income payor that:

(i) discharges the obligor from employment;

(ii) refuses to employ the obligor;

(iii) takes disciplinary action against the obligor employed by the income payor; or

(iv) otherwise discriminates against the obligor;

because of the existence of an income withholding order or the obligations imposed upon the income payor by the income withholding order, is subject to a penalty not to exceed five thousand dollars ($5,000) payable to the state and recoverable in a civil action.

(M) That if the income payor fails to withhold income in accordance with the income withholding order, the income payor is liable for:

(i) the accumulated amount the income payor should have withheld from the obligor's income; and

(ii) any interest, attorney's fees, and costs.

(N) That an income withholding order under this chapter has priority over any secured or unsecured claim on income, except for claims for federal, state, and local taxes.

(O) That the income payor must notify the court if the obligor:

(i) ceases employment with; or

(ii) no longer receives income from;

the income payor not later than ten (10) days after the date the obligor's employment or income ceases and provide the obligor's last known address and the name and address of the obligor's new income payor, if known, to the court.

(d) At a hearing under this section, the court shall grant the petition to lift the stay of implementation of the income withholding order if the obligor has failed to comply with the provisions of the support order, unless the court finds that the conditions under section 0.5(c)(2) of this chapter have been met.

(e) If the obligor files a petition to lift the stay of implementation of the income withholding order:

(1) a hearing is not required; and

(2) the court shall grant the petition.

(f) If the court grants the petition to lift the stay of implementation of the income withholding order, the court shall:

(1) implement the income withholding order; and

(2) send the income withholding order to the obligor's income payor.

As added by P.L.103-2007, SEC.31. Amended by P.L.128-2012, SEC.41.
Ind. Code § 31-9-2.1-136 — Indiana Code / Title 31 / Article 9 / Chapter 2.1 / Section 31-9-2.1-136
"Issuing court"
Status: in_force

Sec. 136. "Issuing court", for purposes of the Uniform Child Custody Jurisdiction Act under IC 31-21, has the meaning set forth in IC 31-21-2-10.

As added by P.L.145-2026, SEC.161.
Ind. Code § 31-37-8-2 — Indiana Code / Title 31 / Article 37 / Chapter 8 / Section 31-37-8-2
Contents of preliminary inquiry
Status: in_force

Sec. 2. A preliminary inquiry is an informal investigation into the facts and circumstances reported to the court. Whenever practicable, the preliminary inquiry should include the following information:

(1) The child's background.

(2) The child's current status.

(3) The child's school performance.

(4) If the child has been detained:

(A) efforts made to prevent removal of the child from the child's home, including the identification of any emergency situation that prevented reasonable efforts to avoid removal;

(B) whether it is in the best interests of the child to be removed from the home environment; and

(C) whether remaining in the home would be contrary to the health and welfare of the child.

(5) The results of a dual status screening tool to determine whether the child is a dual status child, as described in IC 31-41-1-2.

(6) The results of a risk screening tool conducted on the child to inform diversion decisions.

[Pre-1997 Recodification Citation: 31-6-4-7(b).]

As added by P.L.1-1997, SEC.20. Amended by P.L.146-2008, SEC.626; P.L.66-2015, SEC.10; P.L.101-2022, SEC.15.
Ind. Code § 31-36-3-3 — Indiana Code / Title 31 / Article 36 / Chapter 3 / Section 31-36-3-3
Notification to department; investigation of a child; notification to parents
Status: in_force

Sec. 3. (a) Except as provided in subsection (d), if a child voluntarily enters an emergency shelter or a shelter care facility, the shelter or facility shall notify the department, not later than twenty-four (24) hours after the child enters the shelter or facility, of the following:

(1) The name of the child.

(2) The location of the shelter or facility.

(3) Whether the child alleges that the child is the subject of abuse or neglect.

(b) The department shall conduct an investigation concerning the child not later than forty-eight (48) hours after receiving notification from the emergency shelter or shelter care facility under subsection (a).

(c) The department shall notify the child's parent, guardian, or custodian that the child is in an emergency shelter or a shelter care facility not later than seventy-two (72) hours after the child enters the shelter or facility. However, if the department has reason to believe that the child is a victim of child abuse or neglect, the department may not notify the child's parent, guardian, or custodian as to the specific shelter or facility the child has entered.

(d) An emergency shelter or a shelter care facility is not required to notify the department of a child who is an emancipated minor.

As added by P.L.133-2008, SEC.11.
Ind. Code § 31-9-2.1-57 — Indiana Code / Title 31 / Article 9 / Chapter 2.1 / Section 31-9-2.1-57
"Concurrent planning"
Status: in_force

Sec. 57. (a) Subject to subsection (b), "concurrent planning", for purposes of IC 31-34 and IC 31-35, means the establishment of a case plan with concurrent permanency plan goals, including the following:

(1) Return to or continuation of existing custodial care within the home of the child's parent, guardian, or custodian or placement of the child with the child's noncustodial parent.

(2) Placement of the child for adoption.

(3) Placement of the child with a fit and willing relative who is able and willing to act as the child's permanent custodian and carry out the responsibilities required by the permanency plan.

(4) Appointment of a legal guardian.

(5) A supervised independent living arrangement or foster care for the child with a permanency plan of another planned, permanent living arrangement. However, a child less than sixteen (16) years of age may not have another planned, permanent living arrangement as the child's permanency plan.

(b) "Concurrent planning", for purposes of IC 31-34, requires the identification of two (2) permanency plan goals and simultaneous reasonable efforts toward both goals with knowledge of all participants.

As added by P.L.145-2026, SEC.161.
Ind. Code § 31-31-8-4 — Indiana Code / Title 31 / Article 31 / Chapter 8 / Section 31-31-8-4
Operation and budget of juvenile detention or juvenile shelter care facility in certain counties
Status: in_force

Sec. 4. (a) This section applies to a county having a population of more than one hundred twelve thousand (112,000) and less than one hundred twenty thousand (120,000).

(b) Notwithstanding section 3 of this chapter, the juvenile court shall operate a juvenile detention facility or juvenile shelter care facility established in the county. However, the county legislative body shall determine the budget for the juvenile detention facility or juvenile shelter care facility. The expenses for the juvenile detention facility shall be paid from the county general fund.

[Pre-1997 Recodification Citation: 31-6-9-5(f).]

As added by P.L.1-1997, SEC.14. Amended by P.L.273-1999, SEC.97; P.L.170-2002, SEC.130; P.L.146-2008, SEC.573; P.L.119-2012, SEC.160; P.L.104-2022, SEC.132.
Ind. Code § 31-16-15-24 — Indiana Code / Title 31 / Article 16 / Chapter 15 / Section 31-16-15-24
Repealed
Status: repealed

[Pre-1997 Recodification Citation: 31-2-10-19.3.]

As added by P.L.1-1997, SEC.8. Repealed by P.L.103-2007, SEC.51.
Ind. Code § 31-19-10-6 — Indiana Code / Title 31 / Article 19 / Chapter 10 / Section 31-19-10-6
Determination of contest of adoption
Status: in_force

Sec. 6. After setting the matter for a hearing under section 5 of this chapter, the court:

(1) may dismiss the petition to contest the adoption under IC 31-19-10-1.2(g) or on other procedural grounds; or

(2) shall, after hearing evidence at the hearing:

(A) dismiss the petition for adoption if the court:

(i) finds that the person who filed the motion to contest the adoption has established that it is in the best interests of the child that the motion to contest the adoption be granted;

(ii) finds that a required consent to adoption has not been obtained in writing or has not been implied under IC 31-19-9; or

(iii) permits a necessary consent to adoption to be withdrawn; or

(B) deny the motion to contest the adoption.

[Pre-1997 Recodification Citation: 31-3-1-6.3(c).]

As added by P.L.1-1997, SEC.11. Amended by P.L.203-2021, SEC.22.
Ind. Code § 31-16-6-6 — Indiana Code / Title 31 / Article 16 / Chapter 6 / Section 31-16-6-6
Termination of child support obligation; exceptions; petition for educational needs
Status: in_force

Sec. 6. (a) The duty to support a child under this chapter, which does not include support for educational needs, ceases when the child becomes nineteen (19) years of age unless any of the following conditions occurs:

(1) The child is emancipated before becoming nineteen (19) years of age. In this case the child support, except for the educational needs outlined in section 2(a)(1) of this chapter, terminates at the time of emancipation, although an order for educational needs may continue in effect until further order of the court.

(2) The child is incapacitated. In this case the child support continues during the incapacity or until further order of the court.

(3) The child:

(A) is at least eighteen (18) years of age;

(B) has not attended a secondary school or postsecondary educational institution for the prior four (4) months and is not enrolled in a secondary school or postsecondary educational institution; and

(C) is or is capable of supporting himself or herself through employment.

In this case the child support terminates upon the court's finding that the conditions prescribed in this subdivision exist. However, if the court finds that the conditions set forth in clauses (A) through (C) are met but that the child is only partially supporting or is capable of only partially supporting himself or herself, the court may order that support be modified instead of terminated.

(4) The child is a full-time student in a secondary school (as defined in IC 20-18-2-18) and a parent or guardian of the child files notice under subsection (c) advising the court that the child continues or will continue to be enrolled in secondary school. In this case, the child support:

(1) continues until; and

(2) terminates upon;

the child's graduation from secondary school.

(b) For purposes of determining if a child is emancipated under subsection (a)(1), if the court finds that the child:

(1) is on active duty in the United States armed services;

(2) has married; or

(3) is not under the care or control of:

(A) either parent; or

(B) an individual or agency approved by the court;

the court shall find the child emancipated and terminate the child support.

(c) Notice under subsection (a)(4) must:

(1) be filed with the court and provided to each party to the child support proceeding:

(A) not earlier than the date on which the child becomes seventeen (17) years of age; and

(B) not later than the date on which the child becomes nineteen (19) years of age; and

(2) include:

(A) proof of the child's enrollment; and

(B) the child's expected graduation date.

(d) If:

(1) a parent or guardian files a notice under subsection (a)(4); and

(2) an objection or request for a hearing is not filed by a party to the child support proceeding not later than thirty (30) days after the party receives the notice;

the court may, without holding a hearing, issue an order continuing child support through the date on which the child is expected to graduate.

(e) If a court has established a duty to support a child in a court order issued before July 1, 2012, the:

(1) parent or guardian of the child; or

(2) child;

may file a petition for educational needs until the child becomes twenty-one (21) years of age.

(f) If a court has established a duty to support a child in a court order issued after June 30, 2012, the:

(1) parent or guardian of the child; or

(2) child;

may file a petition for educational needs until the child becomes nineteen (19) years of age.

(g) If:

(1) an order was issued after June 30, 2012, that denied support for educational needs to a child who was less than twenty-one (21) years of age at the time the petition for educational needs was filed; and

(2) support for educational needs was denied based on the fact that the child was older than eighteen (18) years of age;

notwithstanding any other law, a parent or guardian of the child or the child may file with the court a subsequent petition for educational needs. The court shall consider the petition on the merits in accordance with this section and may not consider the absence of subsection (e) from law at the time of the initial filing.

[Pre-1997 Recodification Citation: 31-1-11.5-12(e), (f).]

As added by P.L.1-1997, SEC.8. Amended by P.L.2-2007, SEC.362; P.L.80-2010, SEC.30; P.L.111-2012, SEC.2; P.L.207-2013, SEC.45; P.L.263-2019, SEC.1; P.L.74-2026, SEC.165.
Ind. Code § 31-11-11-7 — Indiana Code / Title 31 / Article 11 / Chapter 11 / Section 31-11-11-7
Solemnization of marriage between persons prohibited from marrying
Status: in_force

Sec. 7. A person who knowingly solemnizes a marriage of individuals who are prohibited from marrying by IC 31-11-1 commits a Class B misdemeanor.

[Pre-1997 Recodification Citation: 31-7-9-7.]

As added by P.L.1-1997, SEC.3.
Ind. Code § 31-18.5-5-4 — Indiana Code / Title 31 / Article 18.5 / Chapter 5 / Section 31-18.5-5-4
Immunity from civil liability
Status: in_force

Sec. 4. An income payor that complies with an income withholding order issued in another state in accordance with this section is not subject to civil liability to an individual or agency with regard to the income payor's withholding of child support from the obligor's income.

As added by P.L.206-2015, SEC.53.
Ind. Code § 31-19-24-12 — Indiana Code / Title 31 / Article 19 / Chapter 24 / Section 31-19-24-12
Immunity of confidential intermediary
Status: in_force

Sec. 12. (a) A confidential intermediary discharging in good faith the confidential intermediary's responsibilities under this chapter is immune from all civil and criminal liability that otherwise might result.

(b) The provisions regarding the representations, duties, and appointment of a guardian ad litem or court appointed special advocate described under IC 31-32-3 apply to a confidential intermediary appointed under this chapter.

[Pre-1997 Recodification Citation: 31-3-4-23.]

As added by P.L.1-1997, SEC.11. Amended by P.L.196-1997, SEC.21.
Ind. Code § 31-34-6-3 — Indiana Code / Title 31 / Article 34 / Chapter 6 / Section 31-34-6-3
Placement in facility located outside child's county of residence
Status: in_force

Sec. 3. A juvenile court or the department may not place a child in a shelter care facility that is located outside the child's county of residence unless placement of the child in a comparable facility with adequate services located in the child's county of residence is unavailable or the child's county of residence does not have an appropriate comparable facility with adequate services.

[Pre-1997 Recodification Citation: 31-6-4-6.5(e) part.]

As added by P.L.1-1997, SEC.17. Amended by P.L.146-2008, SEC.582; P.L.104-2015, SEC.34.
Ind. Code § 31-19-3-7 — Indiana Code / Title 31 / Article 19 / Chapter 3 / Section 31-19-3-7
Vacation of paternity determination; intervention by adoptive parents
Status: in_force

Sec. 7. If the court has already established the paternity of a father who fails to provide notice under section 5 of this chapter (or under IC 31-3-1-6.4(i) before its repeal), upon motion of the prospective adoptive parents the court shall:

(1) set aside the paternity determination in order to reinstate the paternity action; and

(2) allow the prospective adoptive parents to intervene as described under section 6 of this chapter.

[Pre-1997 Recodification Citation: 31-3-1-6.4(k).]

As added by P.L.1-1997, SEC.11.
Ind. Code § 31-37-19-10 — Indiana Code / Title 31 / Article 37 / Chapter 19 / Section 31-37-19-10
Confinement of delinquent child at least 14 years of age having two prior delinquency adjudications and who commits an act that would be a felony against a person or a Level 1 through Level 4 felony conviction for burglary or a controlled substance offense
Status: in_force

Sec. 10. (a) This section applies to a child who:

(1) is adjudicated a delinquent child for an act that if committed by an adult would be:

(A) a felony against a person;

(B) a Level 1, Level 2, Level 3, or Level 4 felony that is a controlled substances offense under IC 35-48-4-1 through IC 35-48-4-5; or

(C) burglary as a Level 1, Level 2, Level 3, or Level 4 felony under IC 35-43-2-1;

(2) is at least fourteen (14) years of age at the time the child committed the act for which the child is being placed; and

(3) has two (2) unrelated prior adjudications of delinquency for acts that would be felonies if committed by an adult.

(b) A court may place the child in a facility authorized under this chapter for not more than two (2) years.

(c) Notwithstanding IC 11-10-2-5, the department of correction may not reduce the period ordered under this section (or IC 31-6-4-15.9(n) before its repeal).

[Pre-1997 Recodification Citation: 31-6-4-15.9(n).]

As added by P.L.1-1997, SEC.20. Amended by P.L.158-2013, SEC.331.
Ind. Code § 31-17-4-5 — Indiana Code / Title 31 / Article 17 / Chapter 4 / Section 31-17-4-5
Temporary restraining order against custodial parent
Status: in_force

Sec. 5. (a) If an application for an injunction has been filed under section 4 of this chapter (or IC 31-1-11.5-26 before its repeal), the court may grant, without notice, upon affidavit of the noncustodial parent, a temporary restraining order restraining the custodial parent from further violation of the parenting time order.

(b) In the affidavit, the noncustodial parent must state under penalties for perjury that:

(1) the noncustodial parent has been granted parenting time rights with the child; and

(2) the noncustodial parent regularly pays the support ordered by a court for the child.

[Pre-1997 Recodification Citation: 31-1-11.5-26(c) part.]

As added by P.L.1-1997, SEC.9. Amended by P.L.68-2005, SEC.50.
Ind. Code § 31-19-16-5 — Indiana Code / Title 31 / Article 19 / Chapter 16 / Section 31-19-16-5
Monetary damages
Status: in_force

Sec. 5. The court may not award monetary damages as a result of the filing of a petition under section 4 of this chapter.

[Pre-1997 Recodification Citation: 31-3-1-13(e).]

As added by P.L.1-1997, SEC.11.
Ind. Code § 31-36-3-2 — Indiana Code / Title 31 / Article 36 / Chapter 3 / Section 31-36-3-2
Shelter or services and items provided to children
Status: in_force

Sec. 2. An emergency shelter, a shelter care facility, or a program that provides services or items that are directly related to providing shelter to individuals who:

(1) are homeless; or

(2) have a low income;

may provide shelter and services or items that are directly related to providing shelter to a child without the notification, consent, or permission of the child's parent, guardian, or custodian.

As added by P.L.133-2008, SEC.11. Amended by P.L.72-2009, SEC.1.
Ind. Code § 31-14-13-9 — Indiana Code / Title 31 / Article 14 / Chapter 13 / Section 31-14-13-9
Custody modification proceeding; admissible evidence
Status: in_force

Sec. 9. In a proceeding for a custody modification, the court may not hear evidence on a matter occurring before the last custody proceeding between the parties unless the matter relates to a change in the factors relating to the best interests of the child as described in section 2 and, if applicable, section 2.5 of this chapter.

[Pre-1997 Recodification Citation: 31-6-6.1-11(g).]

As added by P.L.1-1997, SEC.6. Amended by P.L.96-1999, SEC.5.
Ind. Code § 31-35-6-2 — Indiana Code / Title 31 / Article 35 / Chapter 6 / Section 31-35-6-2
Referral for adoption; duties of guardian ad litem or court appointed special advocate
Status: in_force

Sec. 2. If the juvenile or probate court terminates the parent-child relationship and refers the matter to the court having probate jurisdiction for adoption proceedings, the guardian ad litem or court appointed special advocate shall do the following:

(1) Provide the county department with information regarding the best interests of the child.

(2) Review the adoption plan as prepared by the county department as to the best interests of the child.

(3) Report to the court with juvenile jurisdiction and, if requested, to the court having probate jurisdiction, regarding the plan and the plan's appropriateness in relationship to the best interests of the child.

[Pre-1997 Recodification Citation: 31-6-5-5(b).]

As added by P.L.1-1997, SEC.18.
Ind. Code § 31-18.5-2-7 — Indiana Code / Title 31 / Article 18.5 / Chapter 2 / Section 31-18.5-2-7
Determination of controlling child support order
Status: in_force

Sec. 7. (a) If a proceeding is brought under this article and only one (1) tribunal has issued a child support order, the order of that tribunal controls and must be recognized.

(b) If a proceeding is brought under this article, and two (2) or more child support orders have been issued by Indiana tribunals, another state, or a foreign country with regard to the same obligor and same child, an Indiana tribunal having personal jurisdiction over both the obligor and individual obligee shall apply the following rules and by order shall determine which order controls and must be recognized:

(1) If only one (1) of the tribunals would have continuing, exclusive jurisdiction under this article, the order of that tribunal controls.

(2) If more than one (1) of the tribunals would have continuing, exclusive jurisdiction under this article:

(A) an order issued by a tribunal in the current home state of the child controls; or

(B) if an order has not been issued in the current home state of the child, the order most recently issued controls.

(3) If none of the tribunals would have continuing, exclusive jurisdiction under this article, the Indiana tribunal shall issue a child support order, which controls.

(c) If two (2) or more child support orders have been issued for the same obligor and same child, upon request of a party who is an individual or that is the support enforcement agency, an Indiana tribunal having personal jurisdiction over both the obligor and the obligee who is an individual shall determine which order controls under subsection (b). The request may be filed with a registration for enforcement or registration for modification under IC 31-18.5-6, or may be filed as a separate proceeding.

(d) A request to determine which is the controlling order must be accompanied by a copy of every child support order in effect and the applicable record of payments. The requesting party shall give notice of the request to each party whose rights may be affected by the determination.

(e) The tribunal that issued the controlling order under subsection (a), (b), or (c) has continuing jurisdiction to the extent provided in section 5 or 6 of this chapter.

(f) An Indiana tribunal that determines by order which is the controlling order under subsection (b)(1), (b)(2), or (c), or that issues a new controlling order under subsection (b)(3), shall state in that order:

(1) the basis upon which the tribunal made its determination;

(2) the amount of prospective support, if any; and

(3) the total amount of consolidated arrears and accrued interest, if any, under all of the orders after all payments made are credited as provided by section 9 of this chapter.

(g) Within thirty (30) days after issuance of an order determining which is the controlling order, the party obtaining the order shall file a certified copy of the order in each tribunal that issued or registered an earlier order of child support. A party or support enforcement agency obtaining the order that fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the controlling order.

(h) An order that has been determined to be the controlling order, or a judgment for consolidated arrears of support and interest, if any, made under this section must be recognized in proceedings under this article.

As added by P.L.206-2015, SEC.53.
Ind. Code § 31-9-2.1-101 — Indiana Code / Title 31 / Article 9 / Chapter 2.1 / Section 31-9-2.1-101
"Foreign central authority"
Status: in_force

Sec. 101. "Foreign central authority", for purposes of the Uniform Interstate Family Support Act under IC 31-18.5, has the meaning set forth in IC 31-18.5-7-1.

As added by P.L.145-2026, SEC.161.
Ind. Code § 31-26-4-11 — Indiana Code / Title 31 / Article 26 / Chapter 4 / Section 31-26-4-11-b
Strategic plan; plan proposal and fund request method
Status: in_force

Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027.

Sec. 11. The commission shall adopt and make available to the public:

(1) a strategic plan to implement the purposes of this chapter; and

(2) a method for proposing projects and requesting funds from the Indiana kids first trust fund.

As added by P.L.145-2006, SEC.272. Amended by P.L.152-2026, SEC.462.
Ind. Code § 31-28-3-4 — Indiana Code / Title 31 / Article 28 / Chapter 3 / Section 31-28-3-4
Administrative rules
Status: in_force

Sec. 4. The director of the department shall adopt rules under IC 4-22-2 necessary to carry out this chapter.

As added by P.L.145-2006, SEC.274.
Ind. Code § 31-33-14-2 — Indiana Code / Title 31 / Article 33 / Chapter 14 / Section 31-33-14-2
Duty of department of child services to assist court
Status: in_force

Sec. 2. The department shall assist the juvenile court or the court having criminal jurisdiction during all stages of the proceedings in accordance with the purposes of this article.

[Pre-1997 Recodification Citation: 31-6-11-11(r).]

As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005, SEC.143.
Ind. Code § 31-26-3.5-6 — Indiana Code / Title 31 / Article 26 / Chapter 3.5 / Section 31-26-3.5-6
Child welfare program account established; sources of funds in account
Status: in_force

Sec. 6. (a) A child welfare program account is established in the state general fund to receive money for establishment, operation, or support of child welfare programs. Receipts credited to the child welfare program account may be derived from the following sources:

(1) Any appropriation made by the general assembly that is specifically designated for child welfare programs.

(2) Any part of the appropriation to the department that is set aside and allocated by the department for child welfare programs, at the discretion of the director.

(3) Any part of federal grant funds received by the department through Title IV-B Parts 1 and 2 of the Social Security Act (42 U.S.C. 621 et seq.) that is allocated by the department for child welfare programs under this chapter at the discretion of the director, subject to the terms and conditions of the grant.

(4) Any gifts received by the department from individuals or nongovernmental organizations, for purposes of child welfare programs. The department may receive and administer any gifts earmarked for specifically designated child welfare programs, in accordance with the terms of the gift.

(b) Any appropriation made by the general assembly for the child welfare program account remains in the child welfare program account until expended and does not revert to the state general fund at the expiration of the state fiscal year for which the appropriation was made.

As added by P.L.146-2008, SEC.570. Amended by P.L.7-2015, SEC.52.
Ind. Code § 31-26-4-3 — Indiana Code / Title 31 / Article 26 / Chapter 4 / Section 31-26-4-3
"Fund"
Status: in_force

Sec. 3. As used in this chapter, "fund" refers to the Indiana kids first trust fund established by section 12 of this chapter.

As added by P.L.145-2006, SEC.272.
Ind. Code § 31-9-2.1-143 — Indiana Code / Title 31 / Article 9 / Chapter 2.1 / Section 31-9-2.1-143
"Juvenile court"
Status: in_force

Sec. 143. "Juvenile court", for purposes of the juvenile law, refers to a court having juvenile jurisdiction.

As added by P.L.145-2026, SEC.161.
Ind. Code § 31-19-5-1 — Indiana Code / Title 31 / Article 19 / Chapter 5 / Section 31-19-5-1
Application of chapter
Status: in_force

Sec. 1. (a) This chapter applies to a putative father whenever:

(1) an adoption under IC 31-19-2 has been or may be filed regarding a child who may have been conceived by the putative father; and

(2) on or before the date the child's mother executes a consent to the child's adoption, the child's mother has not disclosed the name or address, or both, of the putative father to the attorney or agency that is arranging the child's adoption.

(b) This chapter does not apply if, on or before the date the child's mother executes a consent to the child's adoption, the child's mother discloses the name and address of the putative father to the attorney or agency that is arranging the child's adoption.

[Pre-1997 Recodification Citation: 31-3-1.5-1.]

As added by P.L.1-1997, SEC.11. Amended by P.L.58-2009, SEC.11; P.L.21-2010, SEC.4.
Ind. Code § 31-16-15-11 — Indiana Code / Title 31 / Article 16 / Chapter 15 / Section 31-16-15-11
Repealed
Status: repealed

[Pre-1997 Recodification Citation: 31-2-10-13.]

As added by P.L.1-1997, SEC.8. Repealed by P.L.103-2007, SEC.51.
Ind. Code § 31-15-4-10 — Indiana Code / Title 31 / Article 15 / Chapter 4 / Section 31-15-4-10
Joint counseling
Status: in_force

Sec. 10. The court may not require joint counseling of the parties under section 9 of this chapter:

(1) without the consent of both parties; or

(2) if there is evidence that the other party has demonstrated a pattern of domestic or family violence against a family or household member.

[Pre-1997 Recodification Citation: 31-1-11.5-7(f) part.]

As added by P.L.1-1997, SEC.7. Amended by P.L.133-2002, SEC.30.
Ind. Code § 31-25-2-20 — Indiana Code / Title 31 / Article 25 / Chapter 2 / Section 31-25-2-20
Expired
Status: repealed

As added by P.L.153-2007, SEC.3. Amended by P.L.3-2008, SEC.239. Expired 1-1-2011 by P.L.3-2008, SEC.239.
Ind. Code § 31-14-19-1 — Indiana Code / Title 31 / Article 14 / Chapter 19 / Section 31-14-19-1
Full faith and credit to paternity determination by foreign jurisdiction
Status: in_force

Sec. 1. A court or Title IV-D agency shall give full faith and credit to a paternity determination made by another state or foreign jurisdiction regardless of whether the determination is made through:

(1) a voluntary acknowledgment; or

(2) a judicial or an administrative process.

[Pre-1997 Recodification Citation: 31-6-6.1-20.]

As added by P.L.1-1997, SEC.6.
Ind. Code § 31-37-3-2 — Indiana Code / Title 31 / Article 37 / Chapter 3 / Section 31-37-3-2
Children 15 through 17 years of age; requirements for detention or custody
Status: in_force

Sec. 2. (a) It is a curfew violation for a child fifteen (15), sixteen (16), or seventeen (17) years of age to be in a public place:

(1) between 1 a.m. and 5 a.m. on Saturday or Sunday;

(2) after 11 p.m. on Sunday, Monday, Tuesday, Wednesday, or Thursday; or

(3) before 5 a.m. on Monday, Tuesday, Wednesday, Thursday, or Friday.

(b) A law enforcement officer may not detain a child or take a child into custody based on a violation of this section unless the law enforcement officer, after making a reasonable determination and considering the facts and surrounding circumstances, reasonably believes that:

(1) the child has violated this section; and

(2) there is no legal defense to the violation.

[Pre-1997 Recodification Citation: 31-6-4-2(a).]

As added by P.L.1-1997, SEC.20. Amended by P.L.87-2004, SEC.1.
Ind. Code § 31-26-6-6 — Indiana Code / Title 31 / Article 26 / Chapter 6 / Section 31-26-6-6
Evaluation of needs; determination of appropriate delivery mechanisms; recommendation regarding allocation and distribution of funds
Status: in_force

Sec. 6. (a) Each regional services council shall, according to guidelines and policies established by the department, include in its plan an evaluation of local child welfare service needs and a determination of appropriate delivery mechanisms. The policies shall provide an opportunity for local services providers to be represented in the evaluation of local child welfare service needs. In addition, the regional services council shall take public testimony regarding local service needs and system changes.

(b) The council shall also recommend in the plan, or any revision, addition, or update relating to implementation of a plan under section 12(a) of this chapter, the allocation and distribution among service providers of funds that:

(1) the department allocates to the service region; and

(2) are used to pay for the expenses of child welfare programs and child services administered by the department within the region.

As added by P.L.146-2008, SEC.571.
Ind. Code § 31-16-2-8 — Indiana Code / Title 31 / Article 16 / Chapter 2 / Section 31-16-2-8
Decree; findings; scope
Status: in_force

Sec. 8. (a) The court shall enter a decree in an action under section 2 of this chapter when the court finds:

(1) that there is a duty to support by the person alleged to have the duty;

(2) that the duty to support has not been fulfilled; and

(3) that an order should be entered under IC 31-16-6-1.

(b) The decree may include orders as provided for in IC 31-16-3.5 through IC 31-16-12.

[Pre-1997 Recodification Citations: 31-1-11.5-8(b); 31-1-11.5-9(b).]

As added by P.L.1-1997, SEC.8. Amended by P.L.1-2010, SEC.119.
Ind. Code § 31-32-4-4 — Indiana Code / Title 31 / Article 32 / Chapter 4 / Section 31-32-4-4
Payment for counsel
Status: in_force

Sec. 4. Payment for counsel shall be made under IC 31-40.

[Pre-1997 Recodification Citation: 31-6-7-2(c).]

As added by P.L.1-1997, SEC.15.
Ind. Code § 31-37-11-4 — Indiana Code / Title 31 / Article 37 / Chapter 11 / Section 31-37-11-4
Waiver granted; computation of time
Status: in_force

Sec. 4. If waiver is granted, the computation of time under Criminal Rule 4 commences on the date of the waiver order.

[Pre-1997 Recodification Citation: 31-6-7-6(d).]

As added by P.L.1-1997, SEC.20.
Ind. Code § 31-27-4-25 — Indiana Code / Title 31 / Article 27 / Chapter 4 / Section 31-27-4-25
Repealed
Status: repealed

As added by P.L.145-2006, SEC.273. Repealed by P.L.128-2012, SEC.113.
Ind. Code § 31-9-2.1-234 — Indiana Code / Title 31 / Article 9 / Chapter 2.1 / Section 31-9-2.1-234
"Substantially burden"
Status: in_force

Sec. 234. (a) "Substantially burden", for purposes of IC 31-42, means:

(1) constraining, inhibiting, curtailing, or denying the right of a parent, either directly or indirectly; or

(2) compelling any action contrary to the right of a parent;

to direct the upbringing, religious instruction, education, or health care of the parent's child.

(b) The term includes the following:

(1) Withholding benefits.

(2) Assessing criminal, civil, or administrative penalties or damages.

(3) Exclusion from governmental programs.

As added by P.L.145-2026, SEC.161.
Ind. Code § 31-37-5-3 — Indiana Code / Title 31 / Article 37 / Chapter 5 / Section 31-37-5-3
Release or detention of child taken into custody without court order
Status: in_force

Sec. 3. (a) If a child is not taken into custody under an order of the court, the law enforcement officer may release the child or may release the child to the child's parent, guardian, or custodian upon the person's written promise to bring the child before the juvenile court at a time specified. Subject to subsection (c), the law enforcement officer may place the child in detention if the law enforcement officer reasonably believes that:

(1) the child is unlikely to appear before the juvenile court for subsequent proceedings;

(2) the child has committed an act that would be murder or a Level 1 felony, Level 2 felony, Level 3 felony, or Level 4 felony if committed by an adult;

(3) detention is essential to protect the child or the community;

(4) the parent, guardian, or custodian:

(A) cannot be located; or

(B) is unable or unwilling to take custody of the child; or

(5) the child has a reasonable basis for requesting that the child not be released.

(b) If a child is detained for a reason specified in subsection (a)(4) or (a)(5), the child shall be detained under IC 31-37-7-1.

(c) Unless a law enforcement officer determines that detention is essential to protect a child or the community, the law enforcement officer who detains a child for a violation of the curfew law under IC 31-37-3 shall make a good faith effort to release the child to the child's parent, guardian, or custodian within a reasonable time after the child is detained.

[Pre-1997 Recodification Citation: 31-6-4-5(c).]

As added by P.L.1-1997, SEC.20. Amended by P.L.79-2001, SEC.3; P.L.158-2013, SEC.327.
Ind. Code § 31-27-5-4 — Indiana Code / Title 31 / Article 27 / Chapter 5 / Section 31-27-5-4
Application for license; criminal history checks
Status: in_force

Sec. 4. (a) An applicant must apply for a group home license on forms provided by the department.

(b) An applicant must submit the required information as part of the application.

(c) An applicant must submit with the application a statement attesting the following:

(1) Whether the applicant has been convicted of:

(A) a felony; or

(B) a misdemeanor relating to the health and safety of children.

(2) Whether the applicant has been charged with:

(A) a felony; or

(B) a misdemeanor relating to the health and safety of children;

during the pendency of the application.

(d) The department on behalf of an applicant, or, at the discretion of the department, an applicant, shall conduct a criminal history check of the following:

(1) Each individual who is an applicant.

(2) The director or manager of a facility where children will be placed.

(3) Each employee or volunteer of the applicant.

(4) Each contractor or individual working in the group home who is likely to have unsupervised contact with children in the group home.

(e) If the applicant conducts a criminal history check under subsection (d), the applicant shall:

(1) maintain records of the information it receives concerning each individual who is the subject of a criminal history check; and

(2) submit to the department a copy of the information the applicant receives concerning each person described in subsection (d)(1) through (d)(4).

(f) If the department conducts a criminal history check on behalf of an applicant under subsection (d), the department shall:

(1) determine whether the subject of a national fingerprint based criminal history check has a record of a:

(A) conviction for a felony;

(B) conviction for a misdemeanor relating to the health and safety of a child; or

(C) juvenile adjudication for a nonwaivable offense, as defined in IC 31-9-2.1-168 that, if committed by an adult, would be a felony;

(2) notify the applicant of the determination under subdivision (1) without identifying a specific offense or other identifying information concerning a conviction or juvenile adjudication contained in the national criminal history record information;

(3) submit to the applicant a copy of any state limited criminal history report that the department receives on behalf of any person described in subsection (d); and

(4) maintain a record of every report and all information it receives concerning a person described in subsection (d).

(g) Except as provided in subsection (h) and section 4.5 of this chapter, a criminal history check described in subsection (d) is required only at the time an application for a new license or the renewal of an existing license is submitted.

(h) Except as provided in subsection (i), a criminal history check of each person described in subsection (d)(2), (d)(3), or (d)(4) must be completed on or before the date the person:

(1) is employed;

(2) is assigned as a volunteer; or

(3) enters into, or the person's employing entity enters into, a contract with the applicant.

(i) An individual may be employed by a group home as an employee, volunteer, or contractor before a criminal history check of the individual is completed as required under subsection (h) if all of the following conditions are satisfied:

(1) The following checks have been completed regarding the individual:

(A) A fingerprint based check of national crime information data bases under IC 31-9-2.1-58(1).

(B) A national sex offender registry check under IC 31-9-2.1-58(3).

(C) An in-state local criminal records check under IC 31-9-2.1-58(4).

(D) An in-state child protection index check under IC 31-33-26.

(2) If the individual has resided outside Indiana at any time during the five (5) years preceding the individual's date of hiring by the group home, the following checks have been requested regarding the individual:

(A) An out-of-state child abuse registry check under IC 31-9-2.1-58(2).

(B) An out-of-state local criminal records check under IC 31-9-2.1-58(4).

(3) The individual's employment before the completion of the criminal history check required under subsection (h) is limited to training during which the individual:

(A) does not have contact with children who are under the care and control of the group home; and

(B) does not have access to records containing information regarding children who are under the care and control of the group home.

(4) The individual completes an attestation, under penalty of perjury, disclosing:

(A) any abuse or neglect complaints made against the individual with the child welfare agency of a state other than Indiana in which the individual resided within the five (5) years preceding the date of the attestation; and

(B) any contact the individual had with a law enforcement agency in connection with the individual's suspected or alleged commission of a crime in a state other than Indiana in which the individual resided within the five (5) years preceding the date of the attestation.

(j) The applicant is responsible for any fees associated with a criminal history check.

(k) The department shall, at the applicant's request, inform the applicant as to whether the department has or does not have a record of the person who is the subject of a criminal history check and whether the department has identified the person as an alleged perpetrator of abuse or neglect. The department may not provide to the applicant any details or personally identifying information contained in any child protective services investigation report.

(l) A person who is the subject of a criminal history check conducted in accordance with this section may request the state police department to provide the person with a copy of any state or national criminal history report concerning the person.

As added by P.L.145-2006, SEC.273. Amended by P.L.138-2007, SEC.56; P.L.162-2011, SEC.34; P.L.128-2012, SEC.117; P.L.183-2017, SEC.22; P.L.243-2019, SEC.10; P.L.173-2022, SEC.2; P.L.81-2025, SEC.5; P.L.62-2026, SEC.5; P.L.145-2026, SEC.183.
Ind. Code § 31-9-2.1-139 — Indiana Code / Title 31 / Article 9 / Chapter 2.1 / Section 31-9-2.1-139
"Issuing tribunal"
Status: in_force

Sec. 139. "Issuing tribunal", for purposes of the Uniform Interstate Family Support Act under IC 31-18.5, has the meaning set forth in IC 31-18.5-1-2.

As added by P.L.145-2026, SEC.161.
Ind. Code § 31-19-3-1 — Indiana Code / Title 31 / Article 19 / Chapter 3 / Section 31-19-3-1
Prebirth notice to putative father
Status: in_force

Sec. 1. Before the birth of a child:

(1) a licensed child placing agency;

(2) an attorney representing prospective adoptive parents of the child; or

(3) an attorney representing the mother of the child;

may serve the putative father of the child or cause the putative father to be served with actual notice that the mother of the child is considering an adoptive placement for the child.

[Pre-1997 Recodification Citation: 31-3-1-6.4(b).]

As added by P.L.1-1997, SEC.11. Amended by P.L.200-1999, SEC.10.
Ind. Code § 31-14-14-5 — Indiana Code / Title 31 / Article 14 / Chapter 14 / Section 31-14-14-5
Supervised parenting time; conviction of crime involving domestic or family violence; batterer's intervention program
Status: in_force

Sec. 5. (a) This section applies if a court finds that a noncustodial parent has been convicted of a crime involving domestic or family violence that was witnessed or heard by the noncustodial parent's child.

(b) There is created a rebuttable presumption that the court shall order that the noncustodial parent's parenting time with the child must be supervised:

(1) for at least one (1) year and not more than two (2) years immediately following the crime involving domestic or family violence; or

(2) until the child becomes emancipated;

whichever occurs first.

(c) As a condition of granting the noncustodial parent unsupervised parenting time, the court may require the noncustodial parent to complete a batterer's intervention program certified by the Indiana coalition against domestic violence.

As added by P.L.188-1999, SEC.1. Amended by P.L.243-1999, SEC.1; P.L.133-2002, SEC.25; P.L.68-2005, SEC.23; P.L.162-2011, SEC.11.
Ind. Code § 31-37-13-4 — Indiana Code / Title 31 / Article 37 / Chapter 13 / Section 31-37-13-4
Judgment entry; continuance; release from juvenile detention facility pending entry of judgment
Status: in_force

Sec. 4. (a) Except as provided in subsection (b), at the close of all the evidence and before judgment is entered, the court may continue the case for not more than twelve (12) months.

(b) If the child or the child's parent, guardian, or custodian requests that judgment be entered, the judgment shall be entered not later than thirty (30) days after the request is made.

(c) If the child is in a juvenile detention facility, the child shall be released not later than forty-eight (48) hours, excluding Saturdays, Sundays, and legal holidays, pending the entry of judgment. A child released from a juvenile detention facility pending the entry of judgment may be detained in a shelter care facility.

[Pre-1997 Recodification Citation: 31-6-4-14(d) part.]

As added by P.L.1-1997, SEC.20. Amended by P.L.35-1998, SEC.26.
Ind. Code § 31-30-4-3 — Indiana Code / Title 31 / Article 30 / Chapter 4 / Section 31-30-4-3
Violation of suspended criminal sentence; court options
Status: in_force

Sec. 3. (a) If there is probable cause to believe that an offender described under section 2(b) of this chapter has:

(1) violated a condition of the offender's suspended criminal sentence; or

(2) committed a new offense;

the court shall conduct a review hearing to determine if the offender has committed the violation or the new offense unless the offender waives the hearing.

(b) If the court finds by a preponderance of the evidence after a review hearing conducted under subsection (a) that the offender has violated a condition of the offender's suspended criminal sentence or committed a new offense or if the offender waives the hearing, the court may:

(1) continue the offender's placement in the juvenile facility under section 2(b) of this chapter;

(2) order execution of all or part of the offender's previously suspended criminal sentence in an adult facility recommended by the department of correction; or

(3) make any other modifications to the sentence imposed on the offender under section 2(b) of this chapter the court considers appropriate.

As added by P.L.104-2013, SEC.1.
Ind. Code § 31-37-15-3 — Indiana Code / Title 31 / Article 37 / Chapter 15 / Section 31-37-15-3
Caption; allegations
Status: in_force

Sec. 3. A petition seeking participation of a parent, guardian, or custodian must be entitled "In the Matter of the Participation of _________ the Parent, Guardian, or Custodian of _________". The petition must allege the following:

(1) That the respondent is the child's parent, guardian, or custodian.

(2) That the child has been adjudicated a delinquent child.

(3) That the parent, guardian, or custodian should:

(A) obtain assistance in fulfilling obligations as a parent, guardian, or custodian;

(B) provide specified care, treatment, or supervision for the child;

(C) work with a person providing care, treatment, or rehabilitation for the child; or

(D) refrain from direct or indirect contact with the child.

[Pre-1997 Recodification Citation: 31-6-4-17(b) part.]

As added by P.L.1-1997, SEC.20.
Ind. Code § 31-19-21-7 — Indiana Code / Title 31 / Article 19 / Chapter 21 / Section 31-19-21-7
Sending copy of consent and withdrawal or modification of consent to state registrar
Status: in_force

Sec. 7. The following persons shall send a copy of a consent for the release of identifying information and any signed writing that withdraws or modifies a consent for the release of identifying information received by the person to the state registrar:

(1) The department.

(2) A local office.

(3) A licensed child placing agency.

(4) A professional health care provider (as defined in IC 34-6-2.1-165).

(5) An attorney.

(6) A court.

As added by P.L.191-2011, SEC.26. Amended by P.L.128-2012, SEC.66; P.L.186-2025, SEC.154.
Ind. Code § 31-27-6-6 — Indiana Code / Title 31 / Article 27 / Chapter 6 / Section 31-27-6-6
Issuance of license
Status: in_force

Sec. 6. The department shall issue a license to a person who meets all of the license requirements when an investigation shows the applicant to be in compliance under this article.

As added by P.L.145-2006, SEC.273.
Ind. Code § 31-19-26.5-0.2 — Indiana Code / Title 31 / Article 19 / Chapter 26.5 / Section 31-19-26.5-0.2
Application of certain amendments to prior law
Status: in_force

Sec. 0.2. The amendments made to IC 31-3-1-4 and IC 31-3-3-2 (before their repeal) by P.L.98-1990 apply to a petition for adoption that:

(1) seeks the payment of a subsidy; and

(2) is filed after June 30, 1990.

As added by P.L.220-2011, SEC.505.
Ind. Code § 31-31-3-1 — Indiana Code / Title 31 / Article 31 / Chapter 3 / Section 31-31-3-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to a judicial circuit having a population of not less than fifty thousand (50,000).

[Pre-1997 Recodification Citation: 31-6-9-2(a).]

As added by P.L.1-1997, SEC.14.
Ind. Code § 31-14-11-6 — Indiana Code / Title 31 / Article 14 / Chapter 11 / Section 31-14-11-6
Repealed
Status: repealed

[Pre-1997 Recodification Citation: 31-6-6.1-13(e).]

As added by P.L.1-1997, SEC.6. Repealed by P.L.207-2013, SEC.24.
Ind. Code § 31-33-8.5-2 — Indiana Code / Title 31 / Article 33 / Chapter 8.5 / Section 31-33-8.5-2
Providing written report to the prosecuting attorney
Status: in_force

Sec. 2. If the appropriate law enforcement agency determines that an institution, school, facility, organization, or agency knew that the alleged abuse was happening and failed to report the alleged abuse, law enforcement shall provide the prosecuting attorney with a complete written report of the investigation.

As added by P.L.168-2025, SEC.7.
Ind. Code § 31-19-9-18 — Indiana Code / Title 31 / Article 19 / Chapter 9 / Section 31-19-9-18
When implied consent to adoption irrevocable
Status: in_force

Sec. 18. (a) This section does not apply to the consent of an agency or local office that is served with notice under IC 31-19-4.5 and has lawful custody of a child whose adoption is being sought.

(b) The consent of a person who is served with notice under IC 31-19-4.5 to adoption is irrevocably implied without further court action if the person:

(1) fails to file a motion to contest the adoption under IC 31-19-10 not later than fifteen (15) days after service of notice under IC 31-19-4.5; or

(2) files a motion to contest the adoption under IC 31-19-10 and the motion is dismissed by the court under IC 31-19-10-1.2(g) or is otherwise denied by the court.

As added by P.L.61-2003, SEC.13. Amended by P.L.183-2017, SEC.9; P.L.86-2018, SEC.217; P.L.203-2021, SEC.18; P.L.89-2023, SEC.7.
Ind. Code § 31-19-16.5-3 — Indiana Code / Title 31 / Article 19 / Chapter 16.5 / Section 31-19-16.5-3
Effect of noncompliance with order
Status: in_force

Sec. 3. If postadoption contact is ordered under this chapter, the adoption is irrevocable even if the adoptive parents do not abide by the postadoption contact order.

As added by P.L.196-1997, SEC.11.
Ind. Code § 31-17-2-21.2 — Indiana Code / Title 31 / Article 17 / Chapter 2 / Section 31-17-2-21.2
Military duties; expedited hearing; allow evidence by electronic means
Status: in_force

Sec. 21.2. (a) Upon a motion of a parent who has received military temporary duty, deployment, or mobilization orders, the court shall hold an expedited hearing to determine or modify the custody of a child or parenting time with a child if the military duties of the parent have a material effect on the parent's ability to appear in person at a regularly scheduled hearing concerning custody or parenting time.

(b) Upon a motion of a parent who has received military temporary duty, deployment, or mobilization orders, the court shall, with reasonable notice, allow the parent to present testimony and evidence by:

(1) telephone;

(2) video teleconference;

(3) Internet; or

(4) other electronic means approved by the court;

in a custody or parenting time proceeding if the military duties of the parent have a material effect on the parent's ability to appear in person at a regularly scheduled hearing concerning custody or parenting time.

As added by P.L.55-2012, SEC.4.
Ind. Code § 31-19-5-19 — Indiana Code / Title 31 / Article 19 / Chapter 5 / Section 31-19-5-19
Revocation of registration
Status: in_force

Sec. 19. A putative father may revoke a registration at any time by submitting a signed, notarized statement revoking the registration.

[Pre-1997 Recodification Citation: 31-3-1.5-17.]

As added by P.L.1-1997, SEC.11.
Ind. Code § 31-11-3-5 — Indiana Code / Title 31 / Article 11 / Chapter 3 / Section 31-11-3-5
Content; child support unaffected
Status: in_force

Sec. 5. (a) Parties to a premarital agreement may contract with each other regarding the following matters:

(1) The rights and obligations of each of the parties in any property of either or both of them whenever and wherever acquired or located.

(2) The right to:

(A) buy;

(B) sell;

(C) use;

(D) exchange;

(E) abandon;

(F) lease;

(G) consume;

(H) expend;

(I) assign;

(J) create a security interest in;

(K) mortgage;

(L) encumber;

(M) dispose of; or

(N) otherwise manage and control;

property.

(3) The disposition of property upon:

(A) legal separation;

(B) dissolution of marriage;

(C) death; or

(D) the occurrence or nonoccurrence of any other event.

(4) The modification or elimination of spousal maintenance.

(5) The making of:

(A) a will;

(B) a trust; or

(C) other arrangement;

to carry out the provisions of the agreement.

(6) The ownership rights in and disposition of a death benefit from a life insurance policy.

(7) The choice of law governing the construction of the agreement.

(8) Any other matter not in violation of public policy or a statute imposing a criminal penalty, including the personal rights and obligations of the parties.

(b) A premarital agreement may not adversely affect the right of a child to support.

[Pre-1997 Recodification Citation: 31-7-2.5-5.]

As added by P.L.1-1997, SEC.3.
Ind. Code § 31-10-2-2 — Indiana Code / Title 31 / Article 10 / Chapter 2 / Section 31-10-2-2
Consideration of the best interests of the child
Status: in_force

Sec. 2. For purposes of:

(1) IC 31-33;

(2) IC 31-34; and

(3) IC 31-35;

all decisions made by the department or the court shall be made in consideration of the best interests of the child or children concerned.

As added by P.L.210-2019, SEC.2.
Ind. Code § 31-17-1-1 — Indiana Code / Title 31 / Article 17 / Chapter 1 / Section 31-17-1-1
Construction and application
Status: in_force

Sec. 1. This chapter, IC 31-17-2, IC 31-17-4, IC 31-17-6, and IC 31-17-7 shall be construed and applied to promote the purpose and policy of this chapter, IC 31-17-2, IC 31-17-4, IC 31-17-6, and IC 31-17-7.

[Pre-1997 Recodification Citation: 31-1-11.5-1(a) part.]

As added by P.L.1-1997, SEC.9.
Ind. Code § 31-19-6-3 — Indiana Code / Title 31 / Article 19 / Chapter 6 / Section 31-19-6-3
Release of copy of paternity determination and notice of filing of petition to establish paternity
Status: in_force

Sec. 3. (a) If a record of a paternity determination has been filed concerning a child who is the subject of a request under section 1 of this chapter, the Indiana department of health shall release a copy of the record of the paternity determination to the requesting attorney or agency.

(b) If a notice of a filing of a petition to establish paternity has been filed concerning a child who is the subject of a request under section 1 of this chapter, the Indiana department of health shall release a copy of the notice of the filing of the petition to the requesting attorney or agency.

[Pre-1997 Recodification Citation: 31-6-6.1-10.5(f).]

As added by P.L.1-1997, SEC.11. Amended by P.L.58-2009, SEC.21; P.L.56-2023, SEC.281.
Ind. Code § 31-26-4-8 — Indiana Code / Title 31 / Article 26 / Chapter 4 / Section 31-26-4-8-b
Repealed
Status: repealed

Note: This repeal of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027.

As added by P.L.145-2006, SEC.272. Amended by P.L.93-2021, SEC.2. Repealed by P.L.152-2026, SEC.459.
Ind. Code § 31-40-6-0.7 — Indiana Code / Title 31 / Article 40 / Chapter 6 / Section 31-40-6-0.7
"Oversight committee"
Status: in_force

Sec. 0.7. As used in this chapter, "oversight committee" means the statewide juvenile justice oversight body established under IC 2-5-36-9.3(a).

As added by P.L.201-2023, SEC.248.
Ind. Code § 31-16-15-26 — Indiana Code / Title 31 / Article 16 / Chapter 15 / Section 31-16-15-26
New income payor
Status: in_force

Sec. 26. If the Title IV-D agency or the court becomes aware that the obligor has a new income payor after income withholding has been implemented:

(1) if the order is an income withholding order implemented under section 2.5 of this chapter, the Title IV-D agency; or

(2) if the order is an income withholding order implemented under section 0.5 of this chapter or an income withholding order implemented after a stay has been lifted under section 5.5 of this chapter, the court or the Title IV-D agency;

shall send the income withholding order to the new income payor.

[Pre-1997 Recodification Citation: 31-2-10-21.]

As added by P.L.1-1997, SEC.8. Amended by P.L.103-2007, SEC.41.
Ind. Code § 31-33-5-1 — Indiana Code / Title 31 / Article 33 / Chapter 5 / Section 31-33-5-1
Duty to make report
Status: in_force

Sec. 1. In addition to any other duty to report arising under this article, an individual who has reason to believe that a child is a victim of child abuse or neglect shall make a report as required by this article.

[Pre-1997 Recodification Citation: 31-6-11-3(a).]

As added by P.L.1-1997, SEC.16.
Ind. Code § 31-19-9-7 — Indiana Code / Title 31 / Article 19 / Chapter 9 / Section 31-19-9-7
Contact preference forms
Status: in_force

Sec. 7. Upon request, the state registrar shall provide an individual or agency with a contact preference form required by section 6(2) of this chapter.

[Pre-1997 Recodification Citation: 31-3-1-6(i).]

As added by P.L.1-1997, SEC.11. Amended by P.L.3-2016, SEC.6.
Ind. Code § 31-9-2.1-158 — Indiana Code / Title 31 / Article 9 / Chapter 2.1 / Section 31-9-2.1-158
"Maternal or paternal grandparent"
Status: in_force

Sec. 158. "Maternal or paternal grandparent", for purposes of IC 31-17-5, includes:

(1) the adoptive parent of the child's parent;

(2) the parent of the child's adoptive parent; and

(3) the parent of the child's parent.

As added by P.L.145-2026, SEC.161.
Ind. Code § 31-40-5-5.5 — Indiana Code / Title 31 / Article 40 / Chapter 5 / Section 31-40-5-5.5
Administration of grants
Status: in_force

Sec. 5.5. (a) The Indiana criminal justice institute shall administer grants for:

(1) the juvenile diversion grant program described in section 1(1) of this chapter; and

(2) the juvenile community alternatives grant program described in section 1(2) of this chapter;

in consultation with the oversight committee and the workgroup, taking into consideration the grant program report prepared and submitted to the commission by the oversight committee under IC 2-5-36-9.3(b).

(b) Advances from the fund may be awarded before July 1, 2027, for purposes of the programs described in section 1(1) and 1(2) of this chapter. An advance may not be awarded under this subsection after June 30, 2027. This subsection expires July 2, 2027.

As added by P.L.201-2023, SEC.244. Amended by P.L.144-2024, SEC.16; P.L.122-2025, SEC.6.
Ind. Code § 31-37-21-2 — Indiana Code / Title 31 / Article 37 / Chapter 21 / Section 31-37-21-2
Provision of copies of reports and factual summaries of reports
Status: in_force

Sec. 2. (a) Except as provided by subsection (b), a report prepared by the state:

(1) for the juvenile court's review of the court's dispositional decree; or

(2) for use at a periodic case review or hearing under IC 31-37-20-2 or IC 31-37-20-3;

shall be made available to the child, and the child's parent, foster parent, guardian, guardian ad litem, custodian, court appointed special advocate, or any other person who is entitled to receive notice under IC 31-37-20-4.5 within a reasonable time after the report's presentation to the court or before the hearing.

(b) If the court determines on the record that the report contains information that should not be released to any person who is entitled to receive a report under subsection (a), the court is not required to make the report available to the person as required under subsection (a). However, the court shall provide a copy of the report to the following:

(1) Each attorney or a guardian ad litem representing the child.

(2) Each attorney representing the child's parent, guardian, or custodian.

(3) A court appointed special advocate.

(c) The court may also provide a factual summary of the report to the child or the child's parent, foster parent, guardian, or custodian.

[Pre-1997 Recodification Citations: 31-6-4-19(e) part; 31-6-4-19(g); 31-6-4-19.5 part.]

As added by P.L.1-1997, SEC.20. Amended by P.L.146-2006, SEC.58; P.L.138-2007, SEC.87.
Ind. Code § 31-9-2.1-249 — Indiana Code / Title 31 / Article 9 / Chapter 2.1 / Section 31-9-2.1-249
"Ultimate authority of the department"
Status: in_force

Sec. 249. "Ultimate authority of the department" refers to the director or the director's designee under IC 31-25-2-11.5.

As added by P.L.145-2026, SEC.161.
Ind. Code § 31-9-2.1-196 — Indiana Code / Title 31 / Article 9 / Chapter 2.1 / Section 31-9-2.1-196
"Qualified medical practitioner"
Status: in_force

Sec. 196. "Qualified medical practitioner", for purposes of this chapter, means the following:

(1) A physician licensed under IC 25-22.5.

(2) A physician assistant licensed under IC 25-27.5.

(3) A physical therapist licensed under IC 25-27.

(4) An advanced practice registered nurse licensed under IC 25-23.

(5) A chiropractor licensed under IC 25-10.

(6) A psychologist licensed under IC 25-33.

As added by P.L.145-2026, SEC.161.
Ind. Code § 31-19-25-4 — Indiana Code / Title 31 / Article 19 / Chapter 25 / Section 31-19-25-4
Repealed
Status: repealed

[Pre-1997 Recodification Citation: 31-3-4.5-4(b).]

As added by P.L.1-1997, SEC.11. Amended by P.L.191-2011, SEC.45. Repealed by P.L.3-2016, SEC.16.
Ind. Code § 31-28-2-4 — Indiana Code / Title 31 / Article 28 / Chapter 2 / Section 31-28-2-4
Copies to foster parents and certain foster care recipients
Status: in_force

Sec. 4. (a) The local office shall provide a copy of the medical treatment records maintained under this chapter to the person who provides foster care to a child unless otherwise prohibited by state or federal law.

(b) The local office shall provide an individual who:

(1) is at least eighteen (18) years of age; and

(2) leaves foster care after receiving foster care for at least six (6) months;

a copy of the individual's medical treatment records in the local office's possession.

As added by P.L.145-2006, SEC.274. Amended by P.L.128-2012, SEC.147; P.L.104-2015, SEC.25; P.L.46-2024, SEC.12.
Ind. Code § 31-41-1-3 — Indiana Code / Title 31 / Article 41 / Chapter 1 / Section 31-41-1-3
"Dual status screening tool"
Status: in_force

Sec. 3. "Dual status screening tool" means a factual review of a child's status and history conducted by the case manager under IC 31-34 or the probation officer under IC 31-37 to determine whether a child meets the criteria for being a dual status child as defined by section 2 of this chapter.

As added by P.L.66-2015, SEC.17.
Ind. Code § 31-14-11-2 — Indiana Code / Title 31 / Article 14 / Chapter 11 / Section 31-14-11-2
Child support order
Status: in_force

Sec. 2. The court may order either or both parents to pay any reasonable amount for child support.

[Pre-1997 Recodification Citation: 31-6-6.1-13(a).]

As added by P.L.1-1997, SEC.6. Amended by P.L.86-2002, SEC.6; P.L.148-2006, SEC.8; P.L.80-2010, SEC.22; P.L.207-2013, SEC.19.
Ind. Code § 31-32-3-10.5 — Indiana Code / Title 31 / Article 32 / Chapter 3 / Section 31-32-3-10.5
Civil immunity for placement of a child on a waiting list for guardian ad litem or court appointed special advocate services
Status: in_force

Sec. 10.5. (a) As used in this section, "court appointed special advocate" has the meaning set forth in IC 31-9-2.1-67.

(b) As used in this section, "guardian ad litem" has the meaning set forth in IC 31-9-2.1-117.

(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. Amended by P.L.145-2026, SEC.194.
Ind. Code § 31-19-5-8 — Indiana Code / Title 31 / Article 19 / Chapter 5 / Section 31-19-5-8
Registry data access points
Status: in_force

Sec. 8. The state department shall store the registry's data to make the data accessible under the following:

(1) The putative father's name.

(2) The mother's name.

(3) The child's name, if known.

[Pre-1997 Recodification Citation: 31-3-1.5-10.]

As added by P.L.1-1997, SEC.11. Amended by P.L.56-2023, SEC.267.
Ind. Code § 31-39-2-13.5 — Indiana Code / Title 31 / Article 39 / Chapter 2 / Section 31-39-2-13.5
Juvenile court records available to certain persons to determine appropriateness of certain out-of-home placements
Status: in_force

Sec. 13.5. The records of the juvenile court are available without a court order to an employee of the department of child services, a caseworker, or a juvenile probation officer conducting a criminal history check (as defined in IC 31-9-2.1-58) under IC 31-26-5-3, IC 31-34, or IC 31-37 to determine the appropriateness of an out-of-home placement for a:

(1) child at imminent risk of placement;

(2) child in need of services; or

(3) delinquent child.

As added by P.L.70-2004, SEC.29. Amended by P.L.234-2005, SEC.189; P.L.145-2006, SEC.360; P.L.145-2026, SEC.217.
Ind. Code § 31-16-11-2 — Indiana Code / Title 31 / Article 16 / Chapter 11 / Section 31-16-11-2
Exemption for Title IV-D agencies
Status: in_force

Sec. 2. Neither costs or attorney's fees may be taxed against an agency, or the agency's agents, that is authorized to maintain proceedings under this chapter, IC 31-16-2 through IC 31-16-10, or IC 31-16-12 by Title IV-D of the federal Social Security Act (42 U.S.C. 651 through 669) and IC 31-25-4-17.

[Pre-1997 Recodification Citation: 31-1-11.5-16(b) part.]

As added by P.L.1-1997, SEC.8. Amended by P.L.145-2006, SEC.233.
Ind. Code § 31-39-5-4 — Indiana Code / Title 31 / Article 39 / Chapter 5 / Section 31-39-5-4
Destruction
Status: in_force

Sec. 4. (a) Upon written request of the child or the child's parent, guardian, or custodian, a law enforcement agency shall destroy or deliver to the child any of the child's fingerprints or photographs taken under section 1 of this chapter that are within that agency's possession if:

(1) the child was taken into custody and no petition was filed against the child;

(2) the petition was dismissed because of mistaken identity;

(3) the petition was dismissed because no delinquent act was actually committed; or

(4) the petition was dismissed for lack of probable cause.

(b) If the child has a record of prior arrests or if another charge is pending against the child, the law enforcement agency does not have to destroy the child's fingerprints or photographs.

[Pre-1997 Recodification Citation: 31-6-8-1.5(d), (e) part.]

As added by P.L.1-1997, SEC.22.
Ind. Code § 31-19-9-0.2 — Indiana Code / Title 31 / Article 19 / Chapter 9 / Section 31-19-9-0.2
Application of certain amendments to prior law
Status: in_force

Sec. 0.2. The amendments made to IC 31-3-1-6 (before its repeal, now codified in IC 31-19-2, IC 31-19-4, this chapter, and IC 31-19-10) by P.L.293-1987 apply to a petition for adoption, except for a petition on which an adoption decree has been entered before May 4, 1987.

As added by P.L.220-2011, SEC.504.
Ind. Code § 31-16-9-2 — Indiana Code / Title 31 / Article 16 / Chapter 9 / Section 31-16-9-2
Records; accounting
Status: in_force

Sec. 2. (a) The clerk of the circuit court shall maintain records listing the following:

(1) The amount of the payments.

(2) The date when payments are required to be made.

(3) The names and addresses of the parties affected by the order.

(4) The information required to be submitted to the clerk under sections 3 and 4 of this chapter.

(b) If the clerk elects under IC 5-13-6-4(a) not to follow the accounting and depository procedures required by IC 5-13-6, the clerk shall comply with IC 5-13-6-4(b).

[Pre-1997 Recodification Citation: 31-1-11.5-13(b).]

As added by P.L.1-1997, SEC.8.
Ind. Code § 31-37-22-2 — Indiana Code / Title 31 / Article 37 / Chapter 22 / Section 31-37-22-2
Award of guardianship of child to department of correction
Status: in_force

Sec. 2. If a child has been in the custody of the department of correction under the juvenile court's original dispositional decree, the juvenile court may not award guardianship of the child back to the department unless the juvenile court holds a hearing and finds that the child violated a modified dispositional decree.

[Pre-1997 Recodification Citation: 31-6-7-16(a) part.]

As added by P.L.1-1997, SEC.20.
Ind. Code § 31-19-25-2.5 — Indiana Code / Title 31 / Article 19 / Chapter 25 / Section 31-19-25-2.5
Release prohibited; request information; affidavit
Status: in_force

Sec. 2.5. (a) Except as provided in subsection (b), if an individual requests the release of identifying information under section 2 of this chapter regarding an adoptee who is less than twenty-one (21) years of age, the state registrar, the department, a local office, a licensed child placing agency, a professional health care provider, an attorney, and a court may not release identifying information under this chapter unless the adoptee's adoptive parent has submitted a written consent for the release of identifying information.

(b) The state registrar, the department, a local office, a licensed child placing agency, a professional health care provider, an attorney, and a court may not release identifying information under this chapter if the request for the release of identifying information involves an adoptee to whom both of the following apply:

(1) The adoptee is less than twenty-one (21) years of age.

(2) The adoptee's name is on the list provided to the Indiana department of health under IC 31-25-2-22.

(c) A licensed child placing agency, a professional health care provider, an attorney, and a court:

(1) may request that the Indiana department of health search the list provided under IC 31-25-2-22 to determine whether an adoptee's name is on the list; and

(2) shall, at the time of the request, provide:

(A) the name of the adoptee at the time parental rights were terminated; and

(B) an affidavit under penalty of perjury affirming that the licensed child placing agency, professional health care provider, attorney, or court is seeking information regarding the adoptee for the purpose of providing identifying information under this chapter.

(d) Not later than five (5) days after the Indiana department of health receives a request and affidavit under subsection (c), the Indiana department of health shall submit an affidavit to the child placing agency, professional health care provider, attorney, or court verifying whether the adoptee's name is on the list provided under IC 31-25-2-22.

As added by P.L.191-2011, SEC.42. Amended by P.L.128-2012, SEC.76; P.L.56-2023, SEC.290.
Ind. Code § 31-26-6-12 — Indiana Code / Title 31 / Article 26 / Chapter 6 / Section 31-26-6-12
Quarterly meetings; additional meetings; quorum; designation of representative or proxy; application of public meetings law
Status: in_force

Sec. 12. (a) A regional services council shall meet at least quarterly to do the following:

(1) Develop, review, or revise a strategy for implementation of an approved plan that identifies:

(A) the manner in which prevention and early intervention services will be provided or improved;

(B) how local collaboration will improve children's services; and

(C) how different funds can be used to serve children and families more effectively.

(2) Reorganize as needed and select its vice chairperson for the ensuing year.

(3) Review the implementation of the plan and prepare revisions, additions, or updates of the plan that the regional services council considers necessary or appropriate to improve the quality and efficiency of early intervention child welfare services provided in accordance with the plan.

(b) The chairperson or vice chairperson of a regional services council may convene any additional meetings of the regional services council that are, in the chairperson's or vice chairperson's opinion, necessary or appropriate.

(c) A majority of the voting members of the regional services council appointed under section 7 of this chapter constitutes a quorum for the transaction of official business that includes taking final action (as defined in IC 5-14-1.5-2(g)). The regional services council may hold a meeting in the absence of a quorum to discuss any items of public business related to its responsibilities and functions as described in this chapter, without taking final action.

(d) A judicial officer or prosecuting attorney who is a member of the regional services council under section 7 of this chapter may designate in writing a person as the member's representative or proxy to attend any meeting of the council specified in the designation. Any designee under this subsection shall be a voting member of the council and be included for purposes of a quorum under subsection (c).

(e) Any department employee who is a member of the regional services council under section 7 of this chapter may designate in writing a person as the member's representative or proxy to attend any meeting of the council specified in the designation. Any designee under this subsection shall be a voting member of the council and be included for purposes of a quorum under subsection (c).

(f) All meetings of a regional services council under this chapter are subject to applicable provisions of IC 5-14-1.5.

As added by P.L.146-2008, SEC.571.
Ind. Code § 31-19-25-16 — Indiana Code / Title 31 / Article 19 / Chapter 25 / Section 31-19-25-16
Search of death certificates
Status: in_force

Sec. 16. If an individual submits a request for the release of identifying information under section 2 of this chapter, the state registrar shall search the death certificates in the state registrar's possession regarding:

(1) a related adoptee:

(A) who has not submitted a consent for the release of information under IC 31-19-21; and

(B) whose consent is necessary before identifying information may be released to the individual who has submitted the request; or

(2) a birth parent who has filed a written nonrelease form (before July 1, 2018) or a contact preference form (after June 30, 2018).

As added by P.L.191-2011, SEC.48. Amended by P.L.3-2016, SEC.24.
Ind. Code § 31-14-5-6 — Indiana Code / Title 31 / Article 14 / Chapter 5 / Section 31-14-5-6
Necessary parties
Status: in_force

Sec. 6. The child, the child's mother, and each person alleged to be the father are necessary parties to each action.

[Pre-1997 Recodification Citation: 31-6-6.1-2(c).]

As added by P.L.1-1997, SEC.6.
Ind. Code § 31-27-4-7 — Indiana Code / Title 31 / Article 27 / Chapter 4 / Section 31-27-4-7
Incomplete applications
Status: in_force

Sec. 7. The department may not act on an incomplete application. The department shall return an incomplete application with a notation concerning omissions. The return of an incomplete application is without prejudice.

As added by P.L.145-2006, SEC.273.
Ind. Code § 31-19-4.5-1 — Indiana Code / Title 31 / Article 19 / Chapter 4.5 / Section 31-19-4.5-1
Application
Status: in_force

Sec. 1. This chapter:

(1) shall not be construed to affect notice of an adoption provided to a putative father under IC 31-19-4;

(2) applies to a father who has abandoned, failed to support, or failed to communicate with a child; and

(3) except for section 3 of this chapter, applies to a grandparent who:

(A) is the grandparent of a child sought to be adopted; and

(B) has:

(i) an existing right to petition for visitation under IC 31-17-5; and

(ii) a right to visitation that will not be terminated after the adoption under IC 31-17-5-9;

at a time prior to the date of the filing of the petition for adoption.

As added by P.L.61-2003, SEC.10. Amended by P.L.146-2007, SEC.7; P.L.16-2017, SEC.3; P.L.190-2017, SEC.3.
Ind. Code § 31-19-4-7 — Indiana Code / Title 31 / Article 19 / Chapter 4 / Section 31-19-4-7
Actual notice not required
Status: in_force

Sec. 7. If a putative father is entitled to notice under section 1, 2, or 3 of this chapter, upon service of notice to the putative father under IC 31-19-2.5-6, no further efforts to give notice to the putative father are necessary, regardless of whether the putative father actually receives the notice.

[Pre-1997 Recodification Citation: 31-3-1-6.1(i).]

As added by P.L.1-1997, SEC.11. Amended by P.L.197-1997, SEC.15; P.L.146-2007, SEC.6; P.L.203-2021, SEC.11.
Ind. Code § 31-27-4-9 — Indiana Code / Title 31 / Article 27 / Chapter 4 / Section 31-27-4-9
Repealed
Status: repealed

As added by P.L.145-2006, SEC.273. Amended by P.L.48-2012, SEC.31. Repealed by P.L.123-2014, SEC.15.
Ind. Code § 31-37-5-1 — Indiana Code / Title 31 / Article 37 / Chapter 5 / Section 31-37-5-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies only to a child alleged to be a delinquent child.

[Pre-1997 Recodification Citation: 31-6-4-5(a) part.]

As added by P.L.1-1997, SEC.20.
Ind. Code § 31-37-8.5-2 — Indiana Code / Title 31 / Article 37 / Chapter 8.5 / Section 31-37-8.5-2
Consent
Status: in_force

Sec. 2. The child and the child's parent, guardian, custodian, or attorney must consent to the child's participation in juvenile diversion.

As added by P.L.101-2022, SEC.18.
Ind. Code § 31-41-1-5 — Indiana Code / Title 31 / Article 41 / Chapter 1 / Section 31-41-1-5
"Dual status assessment team"
Status: in_force

Sec. 5. "Dual status assessment team" means a committee assembled and convened by a juvenile court to recommend the proper legal course for a dual status child.

As added by P.L.66-2015, SEC.17.
Ind. Code § 31-34-4-8 — Indiana Code / Title 31 / Article 34 / Chapter 4 / Section 31-34-4-8
Change in temporary out-of-home placement; consideration of separation of siblings
Status: in_force

Sec. 8. If a child is placed under this article in a temporary out-of-home placement in a location in which a sibling of the child resides, the department shall, before changing the placement of the child, consider whether separating the child from the child's sibling is in the child's best interest.

As added by P.L.65-2023, SEC.1.
Ind. Code § 31-25-4-16 — Indiana Code / Title 31 / Article 25 / Chapter 4 / Section 31-25-4-16
Contracts with nongovernmental providers
Status: in_force

Sec. 16. The bureau may contract for services from nongovernmental providers under the guidelines established for all state agency contracts.

As added by P.L.145-2006, SEC.271.
Ind. Code § 31-34-21-3 — Indiana Code / Title 31 / Article 34 / Chapter 21 / Section 31-34-21-3
Progress report required before case review
Status: in_force

Sec. 3. Before a case review under section 2 of this chapter, the department shall prepare a report in accordance with IC 31-34-22 on the progress made in implementing the dispositional decree.

[Pre-1997 Recodification Citation: 31-6-4-19(d) part.]

As added by P.L.1-1997, SEC.17. Amended by P.L.145-2006, SEC.315; P.L.146-2008, SEC.606.
Ind. Code § 31-27-6-8 — Indiana Code / Title 31 / Article 27 / Chapter 6 / Section 31-27-6-8
Denial of license
Status: in_force

Sec. 8. (a) The department shall deny a license when an applicant fails to meet the requirements for a license.

(b) If the department denies an applicant a license under subsection (a), the department shall send the applicant written notice by certified mail that the application has been denied and give the reasons for the denial.

(c) An administrative hearing concerning the denial of a license shall be provided upon written request by the applicant. The request must be made not more than thirty (30) days after the applicant receives the written notice under subsection (b).

(d) An administrative hearing shall be held in accordance with IC 4-21.5-3.

As added by P.L.145-2006, SEC.273. Amended by P.L.128-2012, SEC.131.
Ind. Code § 31-18.5-3-14 — Indiana Code / Title 31 / Article 18.5 / Chapter 3 / Section 31-18.5-3-14
Limited immunity of petitioner
Status: in_force

Sec. 14. (a) Participation by a petitioner in a proceeding under this article before a responding tribunal, whether:

(1) in person;

(2) by private attorney; or

(3) through services provided by the support enforcement agency;

does not confer personal jurisdiction over the petitioner in another proceeding.

(b) A petitioner is not amenable to service of civil process while physically present in Indiana to participate in a proceeding under this article.

(c) The immunity granted by this section does not extend to civil litigation based on acts unrelated to a proceeding under this article committed by a party while physically present in Indiana to participate in the proceeding.

As added by P.L.206-2015, SEC.53.
Ind. Code § 31-37-13-1 — Indiana Code / Title 31 / Article 37 / Chapter 13 / Section 31-37-13-1
Hearsay requirements; notice; opportunity to be heard
Status: in_force

Sec. 1. (a) Unless the allegations of a petition have been admitted, the juvenile court shall hold a factfinding hearing.

(b) If the factfinding hearing is not held immediately after the initial hearing as provided under IC 31-37-12-9, the prosecuting attorney or probation department of the juvenile court shall provide notice of any factfinding hearing to each foster parent or other caretaker with whom the child has been placed for temporary care. The court shall provide a person required to be notified under this subsection an opportunity to be heard at the factfinding hearing.

[Pre-1997 Recodification Citation: 31-6-4-14(a) part.]

As added by P.L.1-1997, SEC.20. Amended by P.L.138-2007, SEC.83.
Ind. Code § 31-33-18-2 — Indiana Code / Title 31 / Article 33 / Chapter 18 / Section 31-33-18-2
Disclosure of unredacted material to certain persons
Status: in_force

Sec. 2. Except as otherwise prohibited by federal law, the reports and other material described in section 1(a) of this chapter and the unredacted reports and other material described in section 1(b) of this chapter shall be made available only to the following:

(1) Persons authorized by this article.

(2) A legally mandated public or private child protective agency investigating a report of child abuse or neglect or treating a child or family that is the subject of a report or record.

(3) Any of the following who are investigating a report of a child who may be a victim of child abuse or neglect:

(A) A police officer or other law enforcement agency.

(B) A prosecuting attorney.

(C) A coroner, in the case of the death of a child.

(4) A physician who has before the physician a child whom the physician reasonably suspects may be a victim of child abuse or neglect.

(5) An individual legally authorized to place a child in protective custody if:

(A) the individual has before the individual a child whom the individual reasonably suspects may be a victim of abuse or neglect; and

(B) the individual requires the information in the report or record to determine whether to place the child in protective custody.

(6) A person having the legal responsibility or authorization to care for, treat, or supervise a child who is the subject of a report or record, including a service provider that requires access to the unredacted reports or material to assess:

(A) the suitability of the provider or the provider's services for the child; or

(B) the suitability of the child for the provider or for the provider's services;

before providing care, treatment, or supervision for the child.

(7) A parent, guardian, custodian, or other person who is responsible for the child's welfare.

(8) An individual named in the report or record who is alleged to be abused or neglected or, if the individual named in the report is a child or is otherwise incompetent, the individual's guardian ad litem or the individual's court appointed special advocate, or both.

(9) Each parent, guardian, custodian, or other person responsible for the welfare of a child named in a report or record and an attorney of the person described under this subdivision, with protection for the identity of reporters and other appropriate individuals.

(10) A court, for redaction of the record in accordance with section 1.5 of this chapter, or upon the court's finding that access to the records may be necessary for determination of an issue before the court. However, except for disclosure of a redacted record in accordance with section 1.5 of this chapter, access is limited to in camera inspection unless the court determines that public disclosure of the information contained in the records is necessary for the resolution of an issue then pending before the court.

(11) A grand jury upon the grand jury's determination that access to the records is necessary in the conduct of the grand jury's official business.

(12) An appropriate state or local official responsible for child protection services or legislation, including a member of the general assembly, carrying out the official's official functions.

(13) The community child protection team appointed under IC 31-33-3 (or IC 31-6-11-14 before its repeal), upon request, to enable the team to carry out the team's purpose under IC 31-33-3.

(14) A person about whom a report has been made, with protection for the identity of:

(A) any person reporting known or suspected child abuse or neglect; and

(B) any other person if the person or agency making the information available finds that disclosure of the information would be likely to endanger the life or safety of the person.

(15) An employee of the department, a caseworker, or a juvenile probation officer conducting a criminal history check under IC 31-26-5, IC 31-34, or IC 31-37 to determine the appropriateness of an out-of-home placement for a:

(A) child at imminent risk of placement;

(B) child in need of services; or

(C) delinquent child.

The results of a criminal history check conducted under this subdivision must be disclosed to a court determining the placement of a child described in clauses (A) through (C).

(16) A local child fatality review team established under IC 16-49-2.

(17) The statewide child fatality review committee established by IC 16-49-4.

(18) The department.

(19) The division of family resources, if the investigation report:

(A) is classified as substantiated; and

(B) concerns:

(i) an applicant for a license to operate;

(ii) a person licensed to operate;

(iii) an employee of; or

(iv) a volunteer providing services at;

a child care center licensed under IC 12-17.2-4 or a child care home licensed under IC 12-17.2-5.

(20) A citizen review panel established under IC 31-25-2-20.4.

(21) The department of child services ombudsman established by IC 4-13-19-3.

(22) The secretary of education with protection for the identity of:

(A) any person reporting known or suspected child abuse or neglect; and

(B) any other person if the person or agency making the information available finds that disclosure of the information would be likely to endanger the life or safety of the person.

(23) The state child fatality review coordinator employed by the Indiana department of health under IC 16-49-5-1.

(24) A person who operates a child caring institution, group home, or secure private facility if all the following apply:

(A) The child caring institution, group home, or secure private facility is licensed under IC 31-27.

(B) The report or other materials concern:

(i) an employee of;

(ii) a volunteer providing services at; or

(iii) a child placed at;

the child caring institution, group home, or secure private facility.

(C) The allegation in the report occurred at the child caring institution, group home, or secure private facility.

(25) A person who operates a child placing agency if all the following apply:

(A) The child placing agency is licensed under IC 31-27.

(B) The report or other materials concern:

(i) a child placed in a foster home licensed by the child placing agency;

(ii) a person licensed by the child placing agency to operate a foster family home;

(iii) an employee of the child placing agency or a foster family home licensed by the child placing agency; or

(iv) a volunteer providing services at the child placing agency or a foster family home licensed by the child placing agency.

(C) The allegations in the report occurred in the foster family home or in the course of employment or volunteering at the child placing agency or foster family home.

(26) The National Center for Missing and Exploited Children.

(27) A local domestic violence fatality review team established under IC 12-18-8, as determined by the department to be relevant to the death or near fatality that the local domestic violence fatality review team is reviewing.

(28) The statewide domestic violence fatality review committee established under IC 12-18-9-3, as determined by the department to be relevant to the death or near fatality that the statewide domestic violence fatality review committee is reviewing.

(29) The statewide maternal mortality review committee established under IC 16-50-1-3, as determined by the department to be relevant to the case of maternal morbidity or maternal mortality that the statewide maternal mortality review committee is reviewing.

(30) A local fetal-infant mortality review team established under IC 16-49-6, as determined by the department to be relevant to the case of fetal or infant fatality that the local fetal-infant mortality review team is reviewing.

(31) A suicide and overdose fatality review team established under IC 16-49.5-2, as determined by the department to be relevant to the case of a suicide or overdose fatality that the suicide and overdose fatality review team is reviewing.

(32) The office of administrative law proceedings for a matter that is the subject of an administrative proceeding before the office of administrative law proceedings.

(33) A tribal representative, agency, or organization authorized by the Indian child's tribe to care for, diagnose, treat, review, evaluate, or monitor active efforts regarding an Indian child, and the Indian child's parent, guardian, or custodian.

(34) The United States Department of State and foreign governments to comply with federal law and treaties.

(35) A child advocacy center when the child advocacy center has before it an investigation of child abuse or neglect in which it is facilitating a forensic interview or facilitating a case discussion or case review.

(36) The office of the attorney general or a prosecutor for purposes of a criminal investigation by the office of the attorney general or prosecutor.

[Pre-1997 Recodification Citation: 31-6-11-18(a) part.]

As added by P.L.1-1997, SEC.16. Amended by P.L.70-2004, SEC.16; P.L.234-2005, SEC.155; P.L.145-2006, SEC.285; P.L.146-2006, SEC.43; P.L.138-2007, SEC.66; P.L.182-2009(ss), SEC.380; P.L.48-2012, SEC.39; P.L.119-2013, SEC.12; P.L.123-2014, SEC.20; P.L.46-2016, SEC.6; P.L.258-2017, SEC.14; P.L.48-2018, SEC.4; P.L.31-2019, SEC.6; P.L.112-2020, SEC.59; P.L.13-2021, SEC.11; P.L.43-2021, SEC.143; P.L.137-2021, SEC.34; P.L.56-2023, SEC.305; P.L.77-2023, SEC.10; P.L.54-2024, SEC.4; P.L.84-2026, SEC.12.
Ind. Code § 31-11-4-18 — Indiana Code / Title 31 / Article 11 / Chapter 4 / Section 31-11-4-18
Records of marriage; paper or electronic forms; index
Status: in_force

Sec. 18. (a) The clerk of the circuit court shall forward records of marriage to the Indiana department of health on at least a monthly basis. A clerk:

(1) may forward a record of marriage to the Indiana department of health in:

(A) a paper form; or

(B) an electronic form by using:

(i) an automated system developed by the office of judicial administration; or

(ii) another automated system approved by the Indiana department of health; and

(2) who forwards a record of marriage to the Indiana department of health in an electronic form is not required to forward the record of marriage to the Indiana department of health in a paper form.

(b) The Indiana department of health shall:

(1) prescribe a form for recording marriages;

(2) accept a court order under section 17 of this chapter (or IC 31-7-3-15.5 before its repeal) in place of a marriage certificate;

(3) prepare an annual index of all marriages solemnized in Indiana and furnish at least one (1) index to the Indiana state library; and

(4) furnish reports on records of marriage published by the Indiana department of health to the Indiana state library.

[Pre-1997 Recodification Citation: 31-7-3-16 part.]

As added by P.L.1-1997, SEC.3. Amended by P.L.22-2012, SEC.1; P.L.161-2018, SEC.37; P.L.56-2023, SEC.258.
Ind. Code § 31-26-3.5-7 — Indiana Code / Title 31 / Article 26 / Chapter 3.5 / Section 31-26-3.5-7
Rules
Status: in_force

Sec. 7. The department may adopt rules under IC 4-22-2 that are necessary or appropriate to implement this chapter.

As added by P.L.146-2008, SEC.570.
Ind. Code § 31-27-4-20 — Indiana Code / Title 31 / Article 27 / Chapter 4 / Section 31-27-4-20
Cooperation by licensees
Status: in_force

Sec. 20. The licensee shall cooperate with the department in carrying out the activities required by sections 18 through 19 of this chapter, including permitting the department to conduct announced or unannounced inspections.

As added by P.L.145-2006, SEC.273.
Ind. Code § 31-11-11-6 — Indiana Code / Title 31 / Article 11 / Chapter 11 / Section 31-11-11-6
Attempt to solemnize marriage by person not authorized to solemnize marriages
Status: in_force

Sec. 6. A person who:

(1) attempts to solemnize a marriage; and

(2) is not authorized to solemnize marriages by IC 31-11-6;

commits a Class B misdemeanor.

[Pre-1997 Recodification Citation: 31-7-9-6.]

As added by P.L.1-1997, SEC.3.
Ind. Code § 31-19-9-1 — Indiana Code / Title 31 / Article 19 / Chapter 9 / Section 31-19-9-1
Consents required
Status: in_force

Sec. 1. (a) Except as otherwise provided in this chapter, a petition to adopt a child who is less than eighteen (18) years of age may be granted only if written consent to adoption has been executed by the following:

(1) Each parent of a child born in wedlock, including a man who is presumed to be the child's biological father under IC 31-14-7-1(1) if the man is the biological or adoptive parent of the child.

(2) The mother of a child born out of wedlock and the biological father of the child if the father's paternity has been established by:

(A) a court proceeding other than the adoption proceeding, except as provided in IC 31-14-20-2; or

(B) a paternity affidavit executed under IC 16-37-2-2.1;

unless the putative father gives implied consent to the adoption under section 15 of this chapter.

(3) Each person, agency, or local office having lawful custody of the child whose adoption is being sought.

(4) The court having jurisdiction of the custody of the child if the legal guardian or custodian of the person of the child is not empowered to consent to the adoption.

(5) The child to be adopted if the child is more than fourteen (14) years of age.

(6) The spouse of the child to be adopted if the child is married.

(7) A man who is not the biological father of the child, if:

(A) the man has proven to the court that it is in the best interest of the child to be adopted to require his consent; and

(B) the paternity of the child has been established by:

(i) a court proceeding other than the adoption proceeding, except as provided in IC 31-14-20-2; or

(ii) a paternity affidavit executed under IC 16-37-2-2.1;

unless the putative father gives implied consent to the adoption under section 15 of this chapter.

(b) A parent who is less than eighteen (18) years of age may consent to an adoption without the concurrence of:

(1) the individual's parent or parents; or

(2) the guardian of the individual's person;

unless the court, in the court's discretion, determines that it is in the best interest of the child to be adopted to require the concurrence.

[Pre-1997 Recodification Citation: 31-3-1-6(c).]

As added by P.L.1-1997, SEC.11. Amended by P.L.197-1997, SEC.17; P.L.58-2009, SEC.22; P.L.128-2012, SEC.54; P.L.89-2023, SEC.2.
Ind. Code § 31-34-14-6 — Indiana Code / Title 31 / Article 34 / Chapter 14 / Section 31-34-14-6
Persons who may be present during child's testimony; videotapes
Status: in_force

Sec. 6. If the court makes an order under section 3 of this chapter, only the following persons may be in the same room as the child during the child's videotaped testimony:

(1) The judge.

(2) The attorney for the department.

(3) The attorney for each party.

(4) Persons necessary to operate the electronic equipment.

(5) The court reporter.

(6) Persons whose presence the court finds will contribute to the child's well-being.

(7) The parties, who can observe and hear the testimony of the child without the child being able to observe or hear the parties. However, if a party is not represented by an attorney, the party may question the child.

[Pre-1997 Recodification Citation: 31-6-16-6 part.]

As added by P.L.1-1997, SEC.17. Amended by P.L.145-2006, SEC.300; P.L.146-2008, SEC.593.
Ind. Code § 31-17-7-1 — Indiana Code / Title 31 / Article 17 / Chapter 7 / Section 31-17-7-1
Costs and attorney's fees; order for direct payment to attorney
Status: in_force

Sec. 1. (a) The court periodically may order a party to pay a reasonable amount for the cost to the other party of maintaining or defending any proceeding under IC 31-17-2, IC 31-17-4, IC 31-17-6, or this chapter and for attorney's fees and mediation services, including amounts for legal services provided and costs incurred before the commencement of the proceedings or after entry of judgment.

(b) The court may order the amount to be paid directly to the attorney, who may enforce the order in the attorney's name.

[Pre-1997 Recodification Citation: 31-1-11.5-16(a) part.]

As added by P.L.1-1997, SEC.9. Amended by P.L.199-1997, SEC.6.
Ind. Code § 31-16-15-16 — Indiana Code / Title 31 / Article 16 / Chapter 15 / Section 31-16-15-16
Combination of withheld amounts for multiple obligors in single payment; multiple withholdings paid electronically; civil penalty
Status: in_force

Sec. 16. (a) Except as provided in subsection (b), if the income payor is required to withhold income from more than one (1) obligor under this chapter, the income payor may combine in a single payment the withheld amounts for all obligors who have been ordered to pay to the state central collection unit established by IC 31-25-3-1 if the income payor separately identifies the part of the single payment that is attributable to each individual obligor.

(b) If the income payor:

(1) is required to withhold income from more than one (1) obligor under this chapter; and

(2) employs more than fifty (50) employees;

the income payor shall make payments to the state central collection unit established by IC 31-25-3-1 through electronic funds transfer or through electronic or Internet access made available by the state central collection unit.

(c) The department of child services shall assess a civil penalty of twenty-five dollars ($25) per obligor per pay period against an income payor that:

(1) is required to make a payment under subsection (b); and

(2) does not make the payment through electronic funds transfer or other means described in subsection (b).

The department shall deposit the penalties into the state general fund.

[Pre-1997 Recodification Citation: 31-2-10-16(c).]

As added by P.L.1-1997, SEC.8. Amended by P.L.86-2002, SEC.13; P.L.234-2005, SEC.91; P.L.148-2006, SEC.24; P.L.103-2007, SEC.34.
Ind. Code § 31-27-6-2.5 — Indiana Code / Title 31 / Article 27 / Chapter 6 / Section 31-27-6-2.5
Employee completion of federally mandated background check
Status: in_force

Sec. 2.5. (a) An employee of a child placing agency shall undergo a background check to which the employee is required by federal law to submit for purposes of the employee's provision of child welfare services:

(1) not later than four (4) years after the individual's date of hire; and

(2) one (1) time every four (4) years thereafter.

(b) If an employee described in subsection (a) has completed the federally required background check to provide child welfare services, the employee is not required to complete a separate background check for providing additional child welfare services for the same employer.

As added by P.L.62-2026, SEC.8.
Ind. Code § 31-19-28-1 — Indiana Code / Title 31 / Article 19 / Chapter 28 / Section 31-19-28-1
Foreign decrees; effect; name change
Status: in_force

Sec. 1. Whenever a person is adopted outside Indiana, under the laws of the state, territory, or country where the adoption took place:

(1) the adoption decree:

(A) when filed with the clerk of the court of any county in Indiana; and

(B) when entered upon the order book of the court in open session;

has the same force and effect as if the adoption decree were made in accordance with this article;

(2) the adopted person:

(A) has the same rights; and

(B) is capable of taking by inheritance, upon the death of the adoptive parent, property located in Indiana;

as though the person had been adopted according to the laws of Indiana; and

(3) if a name other than a name in the adoption decree is requested, the adopted person shall take the name requested in a petition filed under this section.

[Pre-1997 Recodification Citation: 31-3-1-10(a).]

As added by P.L.1-1997, SEC.11. Amended by P.L.130-2005, SEC.11.
Ind. Code § 31-9-2.1-38 — Indiana Code / Title 31 / Article 9 / Chapter 2.1 / Section 31-9-2.1-38
"Child care"
Status: in_force

Sec. 38. "Child care", for purposes of section 40 of this chapter and IC 31-27, means a service that provides for the care, health, safety, and supervision of a child's social, emotional, and educational growth.

As added by P.L.145-2026, SEC.161.
Ind. Code § 31-33-9-1 — Indiana Code / Title 31 / Article 33 / Chapter 9 / Section 31-33-9-1
Written protocol or agreement designating agency primarily responsible for investigation
Status: in_force

Sec. 1. (a) Through a written protocol or agreement, the department shall designate the public or private agencies primarily responsible for investigating reports involving a child who:

(1) may be a victim of child abuse or neglect; and

(2) is under the care of a public or private institution.

(b) The designated agency must be different from and separately administered from the agency involved in the alleged act or omission. Subject to this limitation, the agency:

(1) may be:

(A) the department; or

(B) a law enforcement agency; and

(2) may not be the office of the prosecuting attorney.

[Pre-1997 Recodification Citation: 31-6-11-16(a).]

As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005, SEC.128.
Ind. Code § 31-26-1-7 — Indiana Code / Title 31 / Article 26 / Chapter 1 / Section 31-26-1-7
Matching grants to bureaus
Status: in_force

Sec. 7. A grant under section 5(b) or 6 of this chapter must be matched by an equal amount of money raised by the youth service bureau from sources other than the state.

As added by P.L.145-2006, SEC.272.
Ind. Code § 31-9-2.1-212 — Indiana Code / Title 31 / Article 9 / Chapter 2.1 / Section 31-9-2.1-212
"Residential placement committee"
Status: in_force

Sec. 212. "Residential placement committee", for purposes of IC 31-25-2-23, means a committee that reviews the placement of youth in a child caring institution, a private secure facility, or a group home licensed by the department to ensure that the placement is in the least restrictive, most family like, and most appropriate setting available and close to the parent's home, consistent with the best interests and special needs of the child.

As added by P.L.145-2026, SEC.161.
Ind. Code § 31-40-6-1.2 — Indiana Code / Title 31 / Article 40 / Chapter 6 / Section 31-40-6-1.2
"Workgroup"
Status: in_force

Sec. 1.2. As used in this chapter, "workgroup" refers to the grant process workgroup created by the oversight committee.

As added by P.L.201-2023, SEC.249.
Ind. Code § 31-28-2-3 — Indiana Code / Title 31 / Article 28 / Chapter 2 / Section 31-28-2-3
Maintenance of records
Status: in_force

Sec. 3. The local office shall maintain the medical treatment records received under section 2 of this chapter.

As added by P.L.145-2006, SEC.274. Amended by P.L.128-2012, SEC.146; P.L.46-2024, SEC.11.
Ind. Code § 31-11-11-2 — Indiana Code / Title 31 / Article 11 / Chapter 11 / Section 31-11-11-2
Repealed
Status: repealed

[Pre-1997 Recodification Citation: 31-7-9-2.]

As added by P.L.1-1997, SEC.3. Amended by P.L.158-2013, SEC.308. Repealed by P.L.94-2020, SEC.11.
Ind. Code § 31-16-17-7 — Indiana Code / Title 31 / Article 16 / Chapter 17 / Section 31-16-17-7
Additional parties defendant; admissibility of evidence
Status: in_force

Sec. 7. (a) The court on the court's own motion may order other children made additional parties defendant.

(b) In the trial of the action, evidence may be admitted concerning support and care furnished to or by children other than the defendants.

[Pre-1997 Recodification Citation: 31-2-9-3 part.]

As added by P.L.1-1997, SEC.8.
Ind. Code § 31-14-11-10 — Indiana Code / Title 31 / Article 14 / Chapter 11 / Section 31-14-11-10
Repealed
Status: repealed

[Pre-1997 Recodification Citation: 31-6-6.1-15(b).]

As added by P.L.1-1997, SEC.6. Repealed by P.L.207-2013, SEC.28.
Ind. Code § 31-17-2-16 — Indiana Code / Title 31 / Article 17 / Chapter 2 / Section 31-17-2-16
Counseling for child
Status: in_force

Sec. 16. Upon:

(1) the court's own motion;

(2) the motion of a party;

(3) the motion of the child;

(4) the motion of the child's guardian ad litem; or

(5) the motion of the court appointed special advocate;

the court may order the custodian or the joint custodians to obtain counseling for the child under such terms and conditions as the court considers appropriate.

[Pre-1997 Recodification Citation: 31-1-11.5-21(h).]

As added by P.L.1-1997, SEC.9. Amended by P.L.129-2005, SEC.2.
Ind. Code § 31-32-8-1 — Indiana Code / Title 31 / Article 32 / Chapter 8 / Section 31-32-8-1
Affidavit; time for filing
Status: in_force

Sec. 1. Except as provided in section 2 of this chapter, a change of judge may be granted only for good cause shown by affidavit filed at least twenty-four (24) hours before the fact-finding hearing.

[Pre-1997 Recodification Citation: 31-6-7-9(a).]

As added by P.L.1-1997, SEC.15.
Ind. Code § 31-31-4-1 — Indiana Code / Title 31 / Article 31 / Chapter 4 / Section 31-31-4-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to a judicial circuit having a population of less than fifty thousand (50,000).

[Pre-1997 Recodification Citation: 31-6-9-2.1(a).]

As added by P.L.1-1997, SEC.14.
Ind. Code § 31-37-14-1 — Indiana Code / Title 31 / Article 37 / Chapter 14 / Section 31-37-14-1
Burden of proof of delinquent act or crime
Status: in_force

Sec. 1. A finding by a juvenile court that a child committed a delinquent act, or that an adult committed a crime, must be based upon proof beyond a reasonable doubt.

[Pre-1997 Recodification Citation: 31-6-7-13(a) part.]

As added by P.L.1-1997, SEC.20.
Ind. Code § 31-33-8-3 — Indiana Code / Title 31 / Article 33 / Chapter 8 / Section 31-33-8-3
Photographs and x-rays
Status: in_force

Sec. 3. (a) Except as provided in subsection (b), the department shall:

(1) cause color photographs to be taken of the areas of trauma visible on a child who is subject to a report; and

(2) if medically indicated, cause a radiological examination of the child to be performed.

(b) If the law enforcement agency participates in the assessment, the law enforcement agency shall cause the color photographs to be taken as provided by this section.

(c) The department shall reimburse the expenses of the photographs and x-rays.

[Pre-1997 Recodification Citation: 31-6-11-11(e).]

As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005, SEC.119; P.L.131-2009, SEC.44.
Ind. Code § 31-25-2-5 — Indiana Code / Title 31 / Article 25 / Chapter 2 / Section 31-25-2-5
Caseload limitations
Status: in_force

Sec. 5. (a) The department shall ensure that the department maintains staffing levels of family case managers so that each region has enough family case managers to allow caseloads to be at not more than:

(1) twelve (12) active cases relating to initial assessments, including investigations of an allegation of child abuse or neglect;

(2) twelve (12) families monitored and supervised in active cases relating to ongoing in-home services; or

(3) thirteen (13) children monitored and supervised in active cases relating to ongoing services who are in out-of-home placements.

(b) The department shall comply with the maximum caseload ratios described in subsection (a).

As added by P.L.145-2006, SEC.271. Amended by P.L.146-2008, SEC.564; P.L.128-2012, SEC.86; P.L.198-2019, SEC.2.
Ind. Code § 31-27-5-25 — Indiana Code / Title 31 / Article 27 / Chapter 5 / Section 31-27-5-25
Repealed
Status: repealed

As added by P.L.145-2006, SEC.273. Repealed by P.L.146-2006, SEC.60.
Ind. Code § 31-16-15-18 — Indiana Code / Title 31 / Article 16 / Chapter 15 / Section 31-16-15-18
Notice by income payor following cessation of employment or income
Status: in_force

Sec. 18. The income payor shall:

(1) notify:

(A) the Title IV-D agency in a case arising under section 2.5 of this chapter; or

(B) the court in a case arising under section 0.5, 2, or 5.5 of this chapter;

when the obligor ceases to receive income not later than ten (10) days after the employment or income ceases; and

(2) provide:

(A) the obligor's last known address; and

(B) the name and address of the obligor's new income payor if known.

[Pre-1997 Recodification Citation: 31-2-10-16(e).]

As added by P.L.1-1997, SEC.8. Amended by P.L.103-2007, SEC.36.
Ind. Code § 31-34-21-7.5 — Indiana Code / Title 31 / Article 34 / Chapter 21 / Section 31-34-21-7.5
Placement prohibited in residence of individual who has committed certain acts or offenses; criminal history check; contents of permanency plans
Status: in_force

Note: This version of section amended by P.L.145-2026, SEC.209. See also following version of this section amended by P.L.158-2026, SEC.29.

Sec. 7.5. (a) Except as provided in subsection (d), the juvenile court may not approve a permanency plan under subsection (c)(1)(C), (c)(1)(D), or (c)(1)(E) if a person who is currently residing with a person described in subsection (c)(1)(C) or (c)(1)(D) or in a residence in which the child would be placed under subsection (c)(1)(E) has committed an act resulting in a substantiated report of child abuse or neglect, has a juvenile adjudication for an act that would be a nonwaivable offense, as defined in IC 31-9-2.1-168 if committed by an adult, or has a conviction for a nonwaivable offense, as defined in IC 31-9-2.1-168.

(b) Before requesting juvenile court approval of a permanency plan, the department shall conduct a criminal history check (as defined in IC 31-9-2.1-58) to determine if a person described in subsection (a) has committed an act resulting in a substantiated report of child abuse or neglect, has a juvenile adjudication for an act that would be a nonwaivable offense, as defined in IC 31-9-2.1-168 if committed by an adult, or has a conviction for a nonwaivable offense, as defined in IC 31-9-2.1-168. However, the department is not required to conduct a criminal history check under this section if criminal history information under IC 31-34-4-2, IC 31-34-18-6.1, or IC 31-34-20-1.5 establishes whether a person described in subsection (a) has committed an act resulting in a substantiated report of child abuse or neglect, has a juvenile adjudication for an act that would be a nonwaivable offense, as defined in IC 31-9-2.1-168 if committed by an adult, or has a conviction for a nonwaivable offense, as defined in IC 31-9-2.1-168.

(c) A permanency plan, or plans, if concurrent planning, under this chapter includes the following:

(1) The intended permanent or long term arrangements for care and custody of the child that may include any one (1), or two (2), if concurrent planning, of the following arrangements that the department or the court considers most appropriate and consistent with the best interests of the child:

(A) Return to or continuation of existing custodial care within the home of the child's parent, guardian, or custodian or placement of the child with the child's noncustodial parent.

(B) Placement of the child for adoption.

(C) Placement of the child with a responsible person, including:

(i) an adult sibling;

(ii) a grandparent;

(iii) an aunt;

(iv) an uncle;

(v) a custodial parent of a sibling of the child; or

(vi) another relative;

who is able and willing to act as the child's permanent custodian and carry out the responsibilities required by the permanency plan.

(D) Appointment of a legal guardian. The legal guardian appointed under this section is a caretaker in a judicially created relationship between the child and caretaker that is intended to be permanent and self-sustaining as evidenced by the transfer to the caretaker of the following parental rights with respect to the child:

(i) Care, custody, and control of the child.

(ii) Decision making concerning the child's upbringing.

(E) A supervised independent living arrangement or foster care for the child with a permanency plan of another planned, permanent living arrangement. However, a child less than sixteen (16) years of age may not have another planned, permanent living arrangement as the child's permanency plan.

(2) A time schedule for implementing the applicable provisions of the permanency plan.

(3) Provisions for temporary or interim arrangements for care and custody of the child, pending completion of implementation of the permanency plan.

(4) Other items required to be included in a case plan under IC 31-34-15 or federal law, consistent with the permanent or long term arrangements described by the permanency plan.

(d) A juvenile court may approve a permanency plan if:

(1) a person described in subsection (a) has:

(A) committed an act resulting in a substantiated report of child abuse or neglect;

(B) been convicted of:

(i) battery (IC 35-42-2-1);

(ii) criminal recklessness (IC 35-42-2-2) as a felony;

(iii) criminal confinement (IC 35-42-3-3) as a felony;

(iv) arson (IC 35-43-1-1) as a felony;

(v) nonsupport of a dependent child (IC 35-46-1-5);

(vi) operating a motorboat while intoxicated (IC 35-46-9-6) as a felony;

(vii) a felony involving a weapon under IC 35-47;

(viii) a felony relating to controlled substances under IC 35-48-4; or

(ix) a felony under IC 9-30-5;

if the conviction did not occur within the past five (5) years; or

(C) had a juvenile adjudication for a nonwaivable offense, as defined in IC 31-9-2.1-168 that, if committed by an adult, would be a felony; and

(2) the person's commission of the offense, delinquent act, or act of abuse or neglect described in subdivision (1) is not relevant to the person's present ability to care for a child, and that approval of the permanency plan is in the best interest of the child.

However, a court may not approve a permanency plan if the person has been convicted of a nonwaivable offense, as defined in IC 31-9-2.1-168 that is not specifically excluded under subdivision (1)(B), or has a juvenile adjudication for an act that would be a nonwaivable offense, as defined in IC 31-9-2.1-168 if committed by an adult that is not specifically excluded under subdivision (1)(B).

(e) In making its written finding under subsection (d), the court shall consider the following:

(1) The length of time since the person committed the offense, delinquent act, or act that resulted in the substantiated report of abuse or neglect.

(2) The severity of the offense, delinquent act, or abuse or neglect.

(3) Evidence of the person's rehabilitation, including the person's cooperation with a treatment plan, if applicable.

As added by P.L.35-1998, SEC.18. Amended by P.L.70-2004, SEC.23; P.L.234-2005, SEC.184; P.L.145-2006, SEC.324; P.L.146-2008, SEC.608; P.L.128-2012, SEC.169; P.L.158-2013, SEC.324; P.L.104-2015, SEC.41; P.L.65-2016, SEC.16; P.L.183-2017, SEC.52; P.L.243-2019, SEC.18; P.L.142-2020, SEC.45; P.L.156-2020, SEC.119; P.L.145-2026, SEC.209.
Ind. Code § 31-9-1-1 — Indiana Code / Title 31 / Article 9 / Chapter 1 / Section 31-9-1-1
Applicability of definitions
Status: in_force

Sec. 1. Except as otherwise provided, the definitions in this article apply throughout this title.

[1997 Recodification Citation: New.]

As added by P.L.1-1997, SEC.1.
Ind. Code § 31-19-5-21 — Indiana Code / Title 31 / Article 19 / Chapter 5 / Section 31-19-5-21
Request for certified copy of registration or for information; request for copy of notice of filing of petition to establish paternity; persons qualified to apply
Status: in_force

Sec. 21. (a) Subject to subsection (b), upon written request by:

(1) a putative father;

(2) a mother;

(3) a child;

(4) any party or attorney of record in a pending adoption;

(5) an attorney who represents:

(A) prospective adoptive parents;

(B) petitioners in an adoption;

(C) a mother;

(D) a putative father; or

(E) a licensed child placing agency;

(6) a licensed child placing agency that represents:

(A) prospective adoptive parents;

(B) petitioners in an adoption;

(C) a mother; or

(D) a putative father; or

(7) a court that presides over a pending adoption;

the state department shall furnish a certified copy of a putative father's registration form and a copy of any notice of a filing of a petition to establish paternity prepared under IC 31-14-9-0.5.

(b) The state department may release the certified copy of the registration form to a person under subsection (a)(1) through (a)(3) only if the information contained in the registration form names the requesting person.

(c) A person listed under subsection (a), who requests information about a registration from the state department, must do the following:

(1) Submit the request in writing.

(2) Under the penalties of perjury, state that the requesting person is entitled to receive the information under this chapter.

(3) Submit the request in a manner described by section 20(1) or 20(2) of this chapter.

[Pre-1997 Recodification Citations: 31-3-1.5-18(b); 31-3-1.5-19.]

As added by P.L.1-1997, SEC.11. Amended by P.L.58-2009, SEC.18; P.L.56-2023, SEC.277.
Ind. Code § 31-36-1-2 — Indiana Code / Title 31 / Article 36 / Chapter 1 / Section 31-36-1-2
Time for preparing report
Status: in_force

Sec. 2. The law enforcement agency shall prepare the report required by section 1 of this chapter as soon as practicable, but not later than five (5) hours after the law enforcement agency received the notification about a missing child. However, a law enforcement agency is not required to prepare the report required by section 1 of this chapter earlier than twenty-four (24) hours after the law enforcement agency received the notification about a missing child if:

(1) the law enforcement agency received a previous, unrelated notification that the child was missing; and

(2) the law enforcement agency has reason to believe that the child is missing because the child has committed a delinquent act under IC 31-37-2-2.

[Pre-1997 Recodification Citation: 31-6-13-3(a).]

As added by P.L.1-1997, SEC.19.
Ind. Code § 31-34-5-4 — Indiana Code / Title 31 / Article 34 / Chapter 5 / Section 31-34-5-4
Order to appear for additional detention hearing
Status: in_force

Sec. 4. Upon the juvenile court's own motion or upon the motion of the person representing the interests of the state, the parent, guardian, or custodian of a child who has been released may be ordered to appear with the child for an additional detention hearing.

[Pre-1997 Recodification Citation: 31-6-4-6(h).]

As added by P.L.1-1997, SEC.17.
Ind. Code § 31-13-1-3 — Indiana Code / Title 31 / Article 13 / Chapter 1 / Section 31-13-1-3
Child of annulled marriage
Status: in_force

Sec. 3. A child of a marriage that is annulled under IC 31-11-10 (or IC 31-7-7 before its repeal) is considered to be a child of a valid marriage if the child is conceived before the marriage is annulled.

[Pre-1997 Recodification Citation: 31-7-8-5.]

As added by P.L.1-1997, SEC.5.
Ind. Code § 31-9-2.1-251 — Indiana Code / Title 31 / Article 9 / Chapter 2.1 / Section 31-9-2.1-251
"Unlicensed kinship caregiver"
Status: in_force

Sec. 251. "Unlicensed kinship caregiver", for purposes of section 109 of this chapter, IC 31-32-2.5, IC 31-34-21-4.5, and IC 31-28-7, means a relative (as defined in section 207(c) of this chapter) who is:

(1) providing care and supervision to a child under a court order for purposes of placement in a child in need of services case or juvenile delinquency case; and

(2) not licensed as a foster parent under IC 31-27-4.

As added by P.L.145-2026, SEC.161.
Ind. Code § 31-19-8-1 — Indiana Code / Title 31 / Article 19 / Chapter 8 / Section 31-19-8-1
Period of supervision as prerequisite to adoption
Status: in_force

Sec. 1. An adoption may be granted in Indiana only after:

(1) the court has heard the evidence; and

(2) except as provided in section 2(c) of this chapter, a period of supervision, as described in section 2 of this chapter, by:

(A) a licensed child placing agency for a child who has not been adjudicated to be a child in need of services; or

(B) the department, if the child is the subject of an open child in need of services action.

[Pre-1997 Recodification Citation: 31-3-1-3 part.]

As added by P.L.1-1997, SEC.11. Amended by P.L.145-2006, SEC.248; P.L.138-2007, SEC.38; P.L.131-2009, SEC.15; P.L.128-2012, SEC.50.
Ind. Code § 31-16-2-1 — Indiana Code / Title 31 / Article 16 / Chapter 2 / Section 31-16-2-1
Applicability of Indiana Rules of Civil Procedure
Status: in_force

Sec. 1. Proceedings under this chapter and IC 31-16-3.5 through IC 31-16-12 must comply with the Indiana Rules of Civil Procedure.

[Pre-1997 Recodification Citation: 31-1-11.5-4(e) part.]

As added by P.L.1-1997, SEC.8. Amended by P.L.1-2010, SEC.117.
Ind. Code § 31-11-4-0.3 — Indiana Code / Title 31 / Article 11 / Chapter 4 / Section 31-11-4-0.3
Legalization of court orders relating to certain marriages; issuance of duplicate license; Indiana department of health shall accept order
Status: in_force

Sec. 0.3. (a) If before March 8, 1994:

(1) an individual who solemnized a marriage failed to appropriately complete the marriage certificate or timely file the duplicate marriage certificate and marriage license with the clerk as required by IC 31-7-3-15 (before its repeal, now codified at section 16 of this chapter);

(2) a party to the marriage petitioned a circuit court with jurisdiction in the county in which the marriage occurred to affirm the marriage as of the date the marriage occurred; and

(3) the court issued an order affirming the marriage as of the date the marriage occurred;

the court order is legalized and has the same legal effect as a properly attested and filed marriage certificate.

(b) If the clerk of the court receives a court order affirming the marriage described in subsection (a), the clerk of the court shall issue a duplicate license with the date the marriage occurred to the party who sought declaratory relief.

(c) The Indiana department of health shall accept the order described in subsection (a) as it accepts other marriage records received from county clerks.

As added by P.L.220-2011, SEC.490. Amended by P.L.56-2023, SEC.251.
Ind. Code § 31-39-2-14 — Indiana Code / Title 31 / Article 39 / Chapter 2 / Section 31-39-2-14
Filing of copies of access order or agreement with researcher
Status: in_force

Sec. 14. Whenever the juvenile court grants access to its records, the court shall place a copy of the access order in the file of each person to whose records the order applies. However, if the access order is a general access order or an agreement under section 11 of this chapter (or IC 31-6-8-1(e) before its repeal), the copy shall be placed in a general file containing all general access orders or agreements under section 11 of this chapter (or IC 31-6-8-1(e) before its repeal).

[Pre-1997 Recodification Citation: 31-6-8-1(f).]

As added by P.L.1-1997, SEC.22.
Ind. Code § 31-35-1-11 — Indiana Code / Title 31 / Article 35 / Chapter 1 / Section 31-35-1-11
Default judgment; waiver of notice
Status: in_force

Sec. 11. (a) If the court makes findings of fact upon the record that:

(1) one (1) parent has made a valid consent to the termination of the parent-child relationship;

(2) the other parent:

(A) is required under this chapter to consent to the termination of the parent-child relationship;

(B) cannot be located, after a good faith effort has been made to do so, or has been located but fails to appear at the termination hearing; and

(C) has been served with notice of the hearing in the most effective means under the circumstances; and

(3) the investigation that may be required by section 7 of this chapter has been completed and entered on the record;

the court may enter a default judgment against the unavailable parent and terminate as to both parents.

(b) A parent may waive the notice required by subsection (a)(2)(C) if the waiver:

(1) is in writing;

(2) is signed by the parent in the presence of a notary public; and

(3) contains an acknowledgment that:

(A) the waiver is irrevocable; and

(B) the parent will not receive notice of:

(i) adoption; or

(ii) termination of parent-child relationship;

proceedings.

(c) A parent who waives notice under subsection (b) may not challenge or contest:

(1) the termination of the parent-child relationship; or

(2) the child's adoption.

[Pre-1997 Recodification Citation: 31-6-5-2(g).]

As added by P.L.1-1997, SEC.18. Amended by P.L.200-1999, SEC.28; P.L.130-2005, SEC.13.
Ind. Code § 31-25-4-22 — Indiana Code / Title 31 / Article 25 / Chapter 4 / Section 31-25-4-22
Disclosure of information to consumer reporting agencies; procedures
Status: in_force

Sec. 22. The bureau shall establish procedures for providing information to a consumer reporting agency (as defined by the federal Fair Credit Reporting Act (15 U.S.C. 1681a(f))) concerning the amount of overdue support owed by a parent. Information provided under this section must be provided in accordance with federal statutes and regulations governing the Title IV-D program (42 U.S.C. 651).

As added by P.L.145-2006, SEC.271.
Ind. Code § 31-19-3-6 — Indiana Code / Title 31 / Article 19 / Chapter 3 / Section 31-19-3-6
Adoptive parents' intervention in paternity action
Status: in_force

Sec. 6. If a putative father fails to provide notice to an attorney or a licensed child placing agency under section 5 of this chapter (or under IC 31-3-1-6.4(i) before its repeal), upon a motion of the prospective adoptive parents the court having jurisdiction over the paternity action shall allow the prospective adoptive parents to intervene in the paternity action under Rule 24 of the Indiana Rules of Trial Procedure.

[Pre-1997 Recodification Citation: 31-3-1-6.4(j).]

As added by P.L.1-1997, SEC.11.
Ind. Code § 31-16-12-6.5 — Indiana Code / Title 31 / Article 16 / Chapter 12 / Section 31-16-12-6.5
Failure to respond to order to show cause; escrow
Status: in_force

Sec. 6.5. (a) If a party fails to respond to an order to show cause issued under section 6(c) of this chapter by the date and time specified in the order to show cause, the court may issue a bench warrant for the party to be arrested and brought to the court to respond to the order to show cause.

(b) The court must determine an escrow that a party ordered to show cause under section 6(c) of this chapter is required to deposit with the clerk of the circuit court before the hearing to show cause. If the child support arrearage amount is less than five hundred dollars ($500), the court shall set the required escrow at the amount of the arrearage. If the arrearage is more than five hundred dollars ($500), the court shall set the required escrow at not less than five hundred dollars ($500) and not more than one hundred percent (100%) of the arrearage.

(c) All escrow received by a clerk of the circuit court under this section shall be deposited in a single account. The clerk shall:

(1) keep an accounting of all money deposited in the escrow account;

(2) issue a receipt to any person who pays money to the clerk under this section; and

(3) transfer money out of the escrow account only after receiving an order to transfer money issued by the court that issued the bench warrant.

(d) If a party is arrested under subsection (a), the party shall remain in custody until the hearing to show cause unless the party posts the escrow amount required in the bench warrant.

(e) If a party is arrested outside the business hours of the clerk of the circuit court, the party may post the escrow amount stated in the bench warrant with the arresting officer.

(f) The arresting officer or clerk receiving an escrow amount shall give the party a receipt for the escrow on a form substantially as follows:

"Date:_____________________

Escrow received from____________________ (referred to in this receipt as respondent) to assure the performance of the respondent's child support arrearage. The respondent shall appear for a hearing to show cause at ________(time) on _________(date) at the following address:

_______________________________________________________

_______________________________________________________

(Address to be furnished by respondent for receipt of notice.)

The hearing is for the respondent to answer an order to show cause. If the respondent is found to be in contempt, further proceedings related to the respondent's contempt may occur.

If the respondent fails to appear at the time and date listed above, fails to submit to the jurisdiction of the court, or fails to abide by the court's orders, the Court may direct the Clerk of the Circuit Court to distribute the escrow deposited with the Clerk of the Circuit Court under state and federal child support distribution laws.

If the respondent appears at the time and location indicated above and the Court determines the respondent owes an arrearage under the support order that is the basis of the order to show cause or owes any costs to the Court, the Court may direct the Clerk of the Circuit Court to distribute the escrow deposited with the Clerk of the Circuit Court under state and federal child support distribution laws.

By depositing the escrow amount and accepting this receipt, the recipient of this receipt waives a claim to the money following a Court order for distribution of child support.

Printed name and signature of person receiving escrow deposit: ______________________

Agency or department of person receiving escrow deposit: __________________________.".

(g) A law enforcement officer who receives escrow money under this section shall deposit the money with the clerk of the circuit court that issued the bench warrant within two (2) business days after receiving the escrow money.

(h) If a party is arrested under subsection (a) and cannot post the escrow amount required in the bench warrant, the party is entitled to a hearing within forty-eight (48) hours after the party's arrest, excluding weekends and holidays, if the court is able to hold the hearing within that period. If the court cannot hold a hearing within forty-eight (48) hours, the court shall review the escrow amount ordered in the bench warrant, may modify the escrow amount in the bench warrant to ensure that the party appears at future hearings, and shall set a date for a hearing. At the hearing, the party shall explain to the court why the party cannot post the required escrow deposit required by the bench warrant. The party shall also respond to the court's order to show cause.

(i) If a party fails to appear at a hearing to respond to an order to show cause issued under this section after the party deposited the escrow amount set in the bench warrant, the court shall order the clerk of the circuit court to distribute the escrow under state and federal child support distribution laws. The court may also issue an additional bench warrant under subsection (a) for the party to respond to additional contempt charges.

(j) If a party posts the escrow amount set in a bench warrant, at a hearing to respond to an order to show cause under this section, the court shall determine how the escrow amount deposited is to be distributed under state and federal child distribution laws. If the escrow amount deposited exceeds the arrearage, the party is entitled to a refund.

(k) The court may set aside a finding of contempt under this section if the court finds, based on the hearing held under this section, that the party is in compliance with the court's orders.

(l) If a court finds a person to be in contempt of court under this section, the court may punish the person for contempt of court under IC 34-47.

As added by P.L.131-2009, SEC.12.
Ind. Code § 31-19-15-2 — Indiana Code / Title 31 / Article 19 / Chapter 15 / Section 31-19-15-2
Stepparent adoptions
Status: in_force

Sec. 2. (a) If the adoptive parent of a child is married to a biological parent of the child, the parent-child relationship of the biological parent is not affected by the adoption.

(b) If the adoptive parent of a child is married to a previous adoptive parent, the parent-child relationship of the previous adoptive parent is not affected by the adoption.

(c) After the adoption, the adoptive father or mother, or both:

(1) occupy the same position toward the child that the adoptive father or the adoptive mother, or both, would occupy if the adoptive father or adoptive mother, or both, were the biological father or mother; and

(2) are jointly and severally liable for the maintenance and education of the person.

[Pre-1997 Recodification Citation: 31-3-1-9(b).]

As added by P.L.1-1997, SEC.11. Amended by P.L.130-2005, SEC.9.
Ind. Code § 31-25-2-20.1 — Indiana Code / Title 31 / Article 25 / Chapter 2 / Section 31-25-2-20.1
Gift, devise, or bequest of personal property; investment of money; child trust clearance account; commingling prohibited
Status: in_force

Sec. 20.1. (a) The department may receive and administer a gift, devise, or bequest of personal property, including the income from real property, that is:

(1) to or for the benefit of a home or an institution in which formerly abused or neglected children are cared for under the supervision of the department; or

(2) for the benefit of children who are committed to the care or supervision of the department.

(b) The department may invest or reinvest money received under this section in the same types of securities in which life insurance companies are authorized by law to invest the money of the life insurance companies.

(c) The following shall be kept in the child trust clearance account established under section 20.2 of this chapter and may not be commingled with any other fund or account or with money received from taxation:

(1) All money received by the department under this section.

(2) All money, proceeds, or income realized from real property or other investments.

(d) Subject to the approval of the director, money described in subsection (c)(1) or (c)(2) may be expended by the department in any manner consistent with the purposes of the child trust clearance account and with the intention of the donor.

As added by P.L.146-2008, SEC.567.
Ind. Code § 31-37-19-18 — Indiana Code / Title 31 / Article 37 / Chapter 19 / Section 31-37-19-18
Surrendering and forwarding driver's licenses or permits
Status: in_force

Sec. 18. If the court orders invalidation or denial of issuance of driving privileges as described in IC 31-37-5-7 or section 4, 13, 14, 15, 16, 17, or 17.3 of this chapter (or IC 31-6-4-15.9(c), IC 31-6-4-15.9(d), IC 31-6-4-15.9(e), or IC 31-6-4-15.9(f) before the repeal of IC 31-6-4-15.9):

(1) the bureau of motor vehicles shall comply with the order for invalidation or denial of issuance; and

(2) the child shall surrender to the court all driver's licenses or permits of the child and the court shall immediately forward the licenses or permits to the bureau of motor vehicles.

If a juvenile court recommends suspension of driving privileges under section 17.3 of this chapter, IC 9-30-6-12(b), IC 9-30-6-12(c), IC 9-30-6-12(d), and IC 9-30-6-12(e) apply to the child's driving privileges.

[Pre-1997 Recodification Citation: 31-6-4-15.9(g).]

As added by P.L.1-1997, SEC.20. Amended by P.L.32-2000, SEC.23; P.L.109-2011, SEC.39; P.L.125-2012, SEC.406.
Ind. Code § 31-16-15-2.7 — Indiana Code / Title 31 / Article 16 / Chapter 15 / Section 31-16-15-2.7
Income withholding order; forms
Status: in_force

Sec. 2.7. (a) The bureau shall:

(1) prescribe standard forms for:

(A) an income withholding order; and

(B) a notice form; and

(2) make the forms listed in subdivision (1) available to:

(A) a court;

(B) a private attorney;

(C) an obligor; and

(D) an obligee.

(b) An income withholding order under this chapter must be issued in a form substantially similar to the form prescribed under subsection (a)(1)(A).

(c) An income withholding order form under subsection (a)(1)(A) must contain the following:

(1) The amount of income to be withheld.

(2) A statement that the total amount of income to be withheld is the sum of the following:

(A) The obligor's current child support obligation.

(B) The amount of any child support arrearage ordered by the court.

(C) An additional amount as determined under section 2.5(f) of this chapter for:

(i) any arrearage that has not been adjudicated, if no arrearage has been adjudicated previously; or

(ii) any additional arrearage that has not been adjudicated and accrues since the last adjudication of arrearage by the court.

(D) A fee of two dollars ($2) that must be paid at the income payor's option to the income payor each time the income payor forwards income to the state central collection unit.

(3) A statement that the total amount withheld under the income withholding order plus the fee under subdivision (2)(D) may not exceed the maximum amount permitted under 15 U.S.C. 1673(b).

(4) A statement that an income payor shall:

(A) begin withholding income not later than the first pay date after fourteen (14) days following the date the income withholding order is received by the income payor; and

(B) report to the state central collection unit the date on which the income was withheld from the obligor's income.

(5) A statement that if an income payor is required to withhold income from more than one (1) obligor, the income payor may combine the withheld amount of income into a single payment for all obligors who are required to make payments to the state central collection unit if the income payor identifies the part of the single payment that is attributable to each individual obligor.

(6) A statement that if the obligor has:

(A) more than one (1) income withholding order against the obligor; and

(B) insufficient disposable earnings to pay the amount of income withholding for all income withholding orders;

an income payor shall honor all withholdings to the extent that the total amount withheld does not exceed limits imposed under 15 U.S.C. 1673(b).

(7) A statement that the income payor shall distribute the withheld income pro rata among the persons entitled to receive income under the income withholding orders, giving priority to orders for current child support.

(8) A statement that the income payor may not distribute income as described under subdivision (7) in a manner that would result in one (1) of the current child support obligations not being honored.

(9) A statement that the income payor shall forward the amount withheld for current support and any arrears to the state central collection unit with a statement identifying the:

(A) cause number for the obligee;

(B) name of the obligor;

(C) name of the obligee with the applicable income withheld for each obligee forwarded from the income payor; and

(D) Indiana support enforcement tracking system (ISETS) or its successor statewide automated support enforcement system number for each obligee.

(10) A statement that the income withholding order is binding upon the income payor until further notice by the Title IV-D agency.

(11) A statement that if an income payor:

(A) discharges the obligor from employment;

(B) refuses to employ the obligor;

(C) takes disciplinary action against the obligor employed by the income payor; or

(D) otherwise discriminates against the obligor;

because of the existence of an income withholding order or the obligations imposed upon the income payor by the income withholding order, the income payor is subject to a penalty of not more than five thousand dollars ($5,000) payable to the state and recoverable in a civil action.

(12) A statement that if an income payor fails to withhold income in accordance with the income withholding order, the income payor is liable for:

(A) the accumulated amount the income payor should have withheld from the obligor's income; and

(B) any interest, attorney's fees, and costs.

(13) A statement that an income withholding order under this chapter has priority over any secured or unsecured claim on income, except for claims for federal, state, and local taxes.

(14) A statement that an income payor must:

(A) notify the Title IV-D agency if the obligor:

(i) ceases employment with; or

(ii) no longer receives income from;

the income payor, not later than ten (10) days after the date the obligor's employment or income ceases; and

(B) provide the obligor's last known address and the name and address of the obligor's new income payor, if known, to the Title IV-D agency.

As added by P.L.103-2007, SEC.27. Amended by P.L.80-2010, SEC.39; P.L.128-2012, SEC.39.
Ind. Code § 31-37-19-1.5 — Indiana Code / Title 31 / Article 37 / Chapter 19 / Section 31-37-19-1.5
Completion of case plan; copies of case plan; contents; review and update
Status: in_force

Sec. 1.5. (a) This section applies to a delinquent child if the child is placed in an out-of-home residence or facility that is not a secure detention facility.

(b) The probation department, after negotiating with:

(1) the child's parent, guardian, or custodian; and

(2) any child representatives selected by the child and approved by the child's probation officer under section 1.7 of this chapter;

shall complete the child's case plan not later than sixty (60) days after the date of the child's first placement that the probation department requests to be paid for by the department.

(c) A copy of the completed case plan shall be sent, not later than ten (10) days after the plan's completion, to:

(1) the department;

(2) the child's parent, guardian, or custodian;

(3) any child representatives selected by the child and approved by the child's probation officer under section 1.7 of this chapter; and

(4) any agency having the legal responsibility or authorization to care for, treat, or supervise the child.

(d) A child's case plan must be in a form prescribed by the department that meets the specifications set by 45 CFR 1356.21, as amended. The case plan must include a description and discussion of the following:

(1) A permanency plan for the child and an estimated date for achieving the goal of the plan. Another planned permanent living arrangement may not be the permanency plan for a child who is less than sixteen (16) years of age.

(2) The appropriate placement for the child based on the child's special needs and best interests.

(3) The least restrictive family-like setting that is close to the home of the child's parent, custodian, or guardian if out-of-home placement is implemented or recommended, including consideration of possible placement with any suitable and willing relative, before considering other out-of-home placements for the child.

(4) Family services recommended for the child, parent, guardian, or custodian.

(5) Efforts already made to provide family services to the child, parent, guardian, or custodian.

(6) Efforts that will be made to provide family services that are ordered by the court.

(7) A plan for ensuring the educational stability of the child while in foster care that includes assurances that the:

(A) placement of the child in foster care considers the appropriateness of the current educational setting of the child and the proximity to the school where the child is presently enrolled; and

(B) department has coordinated with local educational agencies to ensure:

(i) the child remains in the school where the child is enrolled at the time of removal; or

(ii) immediate, appropriate enrollment of the child in a different school if remaining in the same school is not in the best interests of the child.

(8) Any age appropriate activities that the child is interested in pursuing.

(9) If the case plan is for a child in foster care who is at least fourteen (14) years of age, the following:

(A) A document that describes the rights of the child with respect to:

(i) education, health, visitation, and court participation;

(ii) the right to be provided with the child's medical documents and other medical information; and

(iii) the right to stay safe and avoid exploitation.

(B) A signed acknowledgment by the child that the:

(i) child has been provided with a copy of the document described in clause (A); and

(ii) rights contained in the document have been explained to the individual in an age appropriate manner.

(e) Each caretaker of a child, the child representatives selected by the child and approved by the child's probation officer under section 1.7 of this chapter, and the probation department shall cooperate in the development of the case plan for the child. The probation department shall discuss with at least one (1) foster parent or other caretaker of a child the role of the substitute caretaker or facility regarding the following:

(1) Rehabilitation of the child and the child's parents, guardians, and custodians.

(2) Visitation arrangements.

(3) Services required to meet the special needs of the child.

(f) The case plan must be reviewed and updated by the probation department at least once every one hundred eighty (180) days.

As added by P.L.146-2008, SEC.648. Amended by P.L.131-2009, SEC.71; P.L.123-2014, SEC.27; P.L.104-2015, SEC.44.
Ind. Code § 31-18.5-6-7 — Indiana Code / Title 31 / Article 18.5 / Chapter 6 / Section 31-18.5-6-7
Contest of registration or enforcement
Status: in_force

Sec. 7. (a) A party contesting the validity or enforcement of a registered support order or seeking to vacate the registration has the burden of proving one (1) or more of the following defenses:

(1) The issuing tribunal lacked personal jurisdiction over the contesting party.

(2) The order was obtained by fraud.

(3) The order has been vacated, suspended, or modified by a later order.

(4) The issuing tribunal has stayed the order pending appeal.

(5) There is a defense under Indiana law to the remedy sought.

(6) Full or partial payment has been made.

(7) The statute of limitation under section 4 of this chapter precludes enforcement of some or all of the alleged arrearages.

(8) The alleged controlling order is not the controlling order.

(b) If a party presents evidence establishing a full or partial defense under subsection (a), a tribunal may:

(1) stay enforcement of a registered support order;

(2) continue the proceeding to permit production of additional relevant evidence; and

(3) issue other appropriate orders.

An uncontested part of the registered support order may be enforced by all remedies available under Indiana law.

(c) If the contesting party does not establish a defense under subsection (a) to the validity or enforcement of a registered support order, the registering tribunal shall issue an order confirming the order.

As added by P.L.206-2015, SEC.53.
Ind. Code § 31-14-15-5 — Indiana Code / Title 31 / Article 14 / Chapter 15 / Section 31-14-15-5
Additional remedies
Status: in_force

Sec. 5. The remedies in this chapter are in addition to and do not limit other civil or criminal remedies available to the noncustodial parent.

[Pre-1997 Recodification Citation: 31-6-6.1-12.1(g).]

As added by P.L.1-1997, SEC.6.
Ind. Code § 31-37-19-1.7 — Indiana Code / Title 31 / Article 37 / Chapter 19 / Section 31-37-19-1.7
Consult with child; selection of child representatives; adviser
Status: in_force

Sec. 1.7. (a) For a child who is at least fourteen (14) years of age, the probation officer shall consult with the child in the development of the child's case plan or transitional services plan. If the probation officer determines that the child is unable to participate effectively in the development of a case plan or transitional services plan due to a physical, mental, emotional, or intellectual disability, the probation officer may excuse the child from this requirement by documenting in the plan the reasons for the child's inability to participate in the development of the applicable plan. If the child refuses to participate in the development of the applicable plan for reasons other than a physical, mental, emotional, or intellectual disability, the probation officer shall record the refusal and document efforts made to obtain the child's input or participation in the development of the applicable plan.

(b) The child may select not more than two (2) child representatives to represent the child in the development of the child's case plan or transitional services plan. A child representative selected under this section:

(1) must be:

(A) at least eighteen (18) years of age; and

(B) a member of the case planning team;

(2) may not be a foster parent of or caseworker for the child; and

(3) must be approved by the child's probation officer.

(c) The child may select one (1) of the child representatives who is a member of the child's case planning team to also be the child's adviser and, as necessary, advocate, with respect to the application of the reasonable and prudent parent standard to the child.

(d) The probation officer may reject an individual selected by a child to be a member of the case planning team at any time if the probation officer has good cause to believe that the individual would not act in the best interests of the child.

As added by P.L.104-2015, SEC.45. Amended by P.L.187-2015, SEC.29.
Ind. Code § 31-33-18-6 — Indiana Code / Title 31 / Article 33 / Chapter 18 / Section 31-33-18-6
Review and certification of status of a child by the department
Status: in_force

Sec. 6. For the purposes of IC 31-26-4.5, the department may certify or acknowledge that an individual qualifies as a foster youth under IC 31-9-2.1-110(b).

As added by P.L.59-2022, SEC.3. Amended by P.L.46-2024, SEC.17; P.L.67-2026, SEC.6; P.L.145-2026, SEC.198.
Ind. Code § 31-12-1-8 — Indiana Code / Title 31 / Article 12 / Chapter 1 / Section 31-12-1-8
Petition invoking jurisdiction for reconciliation or amicable settlement
Status: in_force

Sec. 8. Before the filing of an action for dissolution of marriage, annulment, separation, child support, or paternity, either spouse or both spouses may file in the domestic relations court a petition invoking the jurisdiction of the court for:

(1) the purpose of preserving the marriage by effecting a reconciliation between the parties; or

(2) the amicable settlement of the controversy between the spouses so as to avoid further litigation over the issue involved.

[Pre-1997 Recodification Citation: 31-1-23-11 part.]

As added by P.L.1-1997, SEC.4. Amended by P.L.197-1997, SEC.5.
Ind. Code § 31-39-8-6.5 — Indiana Code / Title 31 / Article 39 / Chapter 8 / Section 31-39-8-6.5
Seal of expunged records relating to offense that would be a serious violent felony; access to sealed records by law enforcement officers; retention of data
Status: in_force

Sec. 6.5. (a) This section applies to records relating to a finding that a child committed an offense that would be a serious violent felony (as defined by IC 35-31.5-2-294). Records shall be sealed upon a grant of an expungement petition by the court. Sealed records under this section shall be made available to a law enforcement officer acting within the scope of the officer's duties, but, except as provided in subsections (b) and (c), may not be made available to the public without a court order.

(b) The court may maintain data from the records in subsection (a) on a secure data base, separate from the data base to which a law enforcement officer and persons with a court order have access, that does not enable identification of the offender to the public or another person not having legal or statutory authority to access the records.

(c) The records maintained in the data base under subsection (b) may be used only for statistical analysis, research, and financial auditing purposes.

As added by P.L.77-2025, SEC.8.
Ind. Code § 31-17-4-3 — Indiana Code / Title 31 / Article 17 / Chapter 4 / Section 31-17-4-3
Attorney's fees, court costs, and litigation expenses
Status: in_force

Sec. 3. (a) In any action filed to enforce or modify an order granting or denying parenting time rights, a court may award:

(1) reasonable attorney's fees;

(2) court costs; and

(3) other reasonable expenses of litigation.

(b) In determining whether to award reasonable attorney's fees, court costs, and other reasonable expenses of litigation, the court may consider among other factors:

(1) whether the petitioner substantially prevailed and whether the court found that the respondent knowingly or intentionally violated an order granting or denying rights; and

(2) whether the respondent substantially prevailed and the court found that the action was frivolous or vexatious.

[Pre-1997 Recodification Citation: 31-1-11.5-24(c).]

As added by P.L.1-1997, SEC.9. Amended by P.L.68-2005, SEC.48.
Ind. Code § 31-19-2-7.5 — Indiana Code / Title 31 / Article 19 / Chapter 2 / Section 31-19-2-7.5
Submission of information, forms, or consents for criminal history check
Status: in_force

Sec. 7.5. (a) This section does not apply to a petitioner for adoption who provides the licensed child placing agency or the local office with the results of a criminal history check conducted:

(1) in accordance with IC 31-9-2.1-58; and

(2) not more than one (1) year before the date on which the petition is filed.

(b) Every petitioner for adoption shall submit the necessary information, forms, or consents for:

(1) a licensed child placing agency; or

(2) the local office;

that conducts the inspection and investigation required for adoption of a child under IC 31-19-8-5 to conduct a criminal history check (as defined in IC 31-9-2.1-58) of the petitioner as part of its investigation.

(c) Except as provided in subsection (d), the petitioner for adoption shall pay the fees and other costs of the criminal history check required under this section.

(d) If the petitioner for adoption seeks to adopt a child who is under the care and supervision of the department at the time of or any time after the filing of the petition for adoption, the department may pay the fees and other costs of the criminal history check required under this section.

As added by P.L.200-1999, SEC.7. Amended by P.L.234-2005, SEC.92; P.L.128-2012, SEC.45; P.L.183-2017, SEC.8; P.L.145-2026, SEC.167.
Ind. Code § 31-14-13-6 — Indiana Code / Title 31 / Article 14 / Chapter 13 / Section 31-14-13-6
Modification of child custody order
Status: in_force

Sec. 6. The court may not modify a child custody order unless:

(1) modification is in the best interests of the child; and

(2) there is a substantial change in one (1) or more of the factors that the court may consider under section 2 and, if applicable, section 2.5 of this chapter.

[Pre-1997 Recodification Citation: 31-6-6.1-11(e).]

As added by P.L.1-1997, SEC.6. Amended by P.L.96-1999, SEC.4.
Ind. Code § 31-37-20-3 — Indiana Code / Title 31 / Article 37 / Chapter 20 / Section 31-37-20-3
Formal hearing on continued jurisdiction; periodic jurisdiction review; referral to permanency roundtable
Status: in_force

Sec. 3. (a) The court shall hold a formal hearing on the question of continued jurisdiction:

(1) every eighteen (18) months after:

(A) the date of the original dispositional decree; or

(B) a delinquent child was removed from the child's parent, guardian, or custodian;

whichever comes first; or

(2) more often if ordered by the juvenile court.

(b) The state must show that jurisdiction should continue by proving that the objectives of the dispositional decree have not been accomplished and that a continuation of the decree with or without modifications has a probability of success.

(c) If the state does not sustain the state's burden for continued jurisdiction, the court may:

(1) authorize a petition for termination of the parent-child relationship; or

(2) discharge the child or the child's parent, guardian, or custodian.

(d) A jurisdictional review of the dispositional decree, including a review of the child's permanency plan, if required under IC 31-37-19-1.5, shall be held at least once every twelve (12) months.

(e) The department shall refer a child's permanency plan to a permanency roundtable before a jurisdictional review under subsection (d). The permanency roundtable may make recommendations regarding a permanency plan, and the recommendations must be included in a report under section 4 of this chapter.

[Pre-1997 Recodification Citation: 31-6-4-19(i).]

As added by P.L.1-1997, SEC.20. Amended by P.L.146-2008, SEC.656; P.L.48-2012, SEC.73.