Ind. Code § 31-37-22-5 — Indiana Code / Title 31 / Article 37 / Chapter 22 / Section 31-37-22-5
Repealed
Status: repealed

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

As added by P.L.1-1997, SEC.20. Amended by P.L.146-2008, SEC.661. Repealed by P.L.187-2015, SEC.31.
Ind. Code § 31-16-11-1 — Indiana Code / Title 31 / Article 16 / Chapter 11 / Section 31-16-11-1
Costs of proceeding and attorney's fees
Status: in_force

Sec. 1. (a) The court periodically may order a party to pay a reasonable amount for:

(1) the cost to the other party of maintaining or defending any proceeding under this chapter, IC 31-16-2 through IC 31-16-10, or IC 31-16-12;

(2) attorney's fees; and

(3) 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.8. Amended by P.L.199-1997, SEC.5.
Ind. Code § 31-16-12-12 — Indiana Code / Title 31 / Article 16 / Chapter 12 / Section 31-16-12-12
Registration of child support order
Status: in_force

Sec. 12. (a) This section applies if:

(1) the parent who is entitled to receive child support; and

(2) the parent who is ordered to pay child support;

are both present in Indiana.

(b) The parent who is entitled to receive child support may register a child support order issued by another Indiana court or foreign court for the sole purpose of enforcement in accordance with IC 31-18.5-6-1 through IC 31-18.5-6-8 of the Uniform Interstate Family Support Act.

[Pre-1997 Recodification Citation: 31-1-11.5-13.5.]

As added by P.L.1-1997, SEC.8. Amended by P.L.206-2015, SEC.49.
Ind. Code § 31-19-24-14 — Indiana Code / Title 31 / Article 19 / Chapter 24 / Section 31-19-24-14
Appointment of confidential intermediary; requirements
Status: in_force

Sec. 14. A court may only appoint a person to serve as a confidential intermediary under this chapter if the person:

(1) agrees to abide by the order of the court under section 3 of this chapter without advocating either the opening or maintaining the confidentiality of adoption records;

(2) does not have a personal relationship with either the petitioner or the person from whom the medical, identifying, or nonidentifying information is being sought; and

(3) agrees to comply with the limitations set by the court in searching for the information specified by the court under section 3(4) of this chapter.

As added by P.L.196-1997, SEC.22.
Ind. Code § 31-19-2-7 — Indiana Code / Title 31 / Article 19 / Chapter 2 / Section 31-19-2-7
Medical report
Status: in_force

Sec. 7. (a) Except as provided in subsection (e), a medical report of the health status and medical history of the child sought to be adopted and the child's birth parents must:

(1) accompany a petition for adoption; or

(2) be filed not later than sixty (60) days after the filing of a petition for adoption.

(b) The medical report must:

(1) include neonatal, psychological, physiological, and medical care history; and

(2) be on forms prescribed by the state registrar.

(c) A copy of the medical report shall be sent to the following persons:

(1) The state registrar.

(2) The prospective adoptive parents.

(d) This section does not authorize the release of medical information that would result in the identification of an individual.

(e) This section does not apply to a petition for adoption under section 1 of this chapter.

[Pre-1997 Recodification Citation: 31-3-1-2(b).]

As added by P.L.1-1997, SEC.11. Amended by P.L.210-2019, SEC.3.
Ind. Code § 31-9-2.1-74 — Indiana Code / Title 31 / Article 9 / Chapter 2.1 / Section 31-9-2.1-74
"Delinquent child"
Status: in_force

Sec. 74. (a) "Delinquent child", for purposes of the juvenile law, except as provided in subsection (b), means:

(1) a child described in IC 31-37-1-1; or

(2) a child described in IC 31-37-2-1.

(b) "Delinquent child", for purposes of IC 31-37-23, has the meaning set forth in IC 31-37-23-4.

As added by P.L.145-2026, SEC.161.
Ind. Code § 31-40-5-1 — Indiana Code / Title 31 / Article 40 / Chapter 5 / Section 31-40-5-1
"Program"
Status: in_force

Sec. 1. As used in this chapter, "program" refers to:

(1) the juvenile diversion grant program; and

(2) the juvenile community alternatives grant program;

established by section 2 of this chapter.

As added by P.L.101-2022, SEC.31.
Ind. Code § 31-16-21-1 — Indiana Code / Title 31 / Article 16 / Chapter 21 / Section 31-16-21-1
Payment; fee; collection of unpaid fees
Status: in_force

Sec. 1. (a) Whenever in any court proceeding an order is in force for the support and maintenance of the other party to the proceeding, the individual required to pay the support shall pay the support.

(b) The clerk, if the payment is in cash, or the state central collection unit, for all forms of payment, shall collect from the individual, in addition to the payments, the annual support fee specified in IC 33-37-5-6.

(c) The clerk may collect any unpaid annual support fee that was due prior to January 1, 2011, through any lawful means.

(d) The state central collection unit may collect any unpaid annual support fee due after December 31, 2010, through any lawful means.

(e) The clerk or state central collection unit may contract with a collection agency licensed under IC 25-11 to collect past due annual support fees described in subsections (c) and (d).

[Pre-1997 Recodification Citation: 31-2-8-1.]

As added by P.L.1-1997, SEC.8. Amended by P.L.98-2004, SEC.103; P.L.148-2006, SEC.28; P.L.150-2018, SEC.16.
Ind. Code § 31-19-4-2 — Indiana Code / Title 31 / Article 19 / Chapter 4 / Section 31-19-4-2
Notice to putative father registered with putative father registry; name or address not provided by mother
Status: in_force

Sec. 2. Except as provided by IC 31-19-2.5-4, if:

(1) on or before the date the mother of a child executes a consent to the child's adoption, the mother has not provided an attorney or agency arranging the adoption with the name or address, or both, of the putative father of the child; and

(2) the putative father of the child has:

(A) failed or refused to consent to the adoption of the child or has not had the parent-child relationship terminated under IC 31-35 (or IC 31-6-5 before its repeal); and

(B) registered with the putative father registry under IC 31-19-5 (or IC 31-6-5 before its repeal) within the period under IC 31-19-5-12;

the putative father shall be given notice of the adoption proceedings under IC 31-19-2.5-6.

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

As added by P.L.1-1997, SEC.11. Amended by P.L.200-1999, SEC.15; P.L.61-2003, SEC.6; P.L.203-2021, SEC.9.
Ind. Code § 31-35-3-5 — Indiana Code / Title 31 / Article 35 / Chapter 3 / Section 31-35-3-5
Petition; verification and contents; permanency plan
Status: in_force

Sec. 5. (a) The verified petition filed under section 4 of this chapter must:

(1) be entitled "In the Matter of the Termination of the Parent-Child Relationship of ______________, a child, and _______________, the parent (or parents)"; and

(2) allege:

(A) that the victim of an offense listed in section 4(1) of this chapter is:

(i) the subject of the petition;

(ii) the biological or adoptive sibling of the subject of the petition; or

(iii) the child of a spouse of the individual whose parent-child relationship is sought to be terminated under this article;

(B) that the individual whose parent-child relationship is sought to be terminated under this article was convicted;

(C) that the child has been removed:

(i) from the parent under a dispositional decree; and

(ii) from the parent's custody for at least six (6) months under a court order;

(D) that one (1) of the following is true:

(i) There is a reasonable probability that the conditions that resulted in the child's removal or the reasons for placement outside the parent's home will not be remedied.

(ii) There is a reasonable probability that continuation of the parent-child relationship poses a threat to the well-being of the child.

(iii) The child has, on two (2) separate occasions, been adjudicated a child in need of services;

(E) that termination is in the best interests of the child; and

(F) that there is a satisfactory plan for the care and treatment of the child.

(b) At the time the petitioner files the verified petition described in subsection (a) with the juvenile or probate court, the petitioner shall also file a:

(1) copy of the order approving the permanency plan under IC 31-34-21-7 for the child; or

(2) permanency plan for the child as described by IC 31-34-21-7.5.

[Pre-1997 Recodification Citation: 31-6-5-4.2(b).]

As added by P.L.1-1997, SEC.18. Amended by P.L.21-2010, SEC.9; P.L.42-2017, SEC.3.
Ind. Code § 31-27-6-2 — Indiana Code / Title 31 / Article 27 / Chapter 6 / Section 31-27-6-2
Application for license; criminal history checks
Status: in_force

Sec. 2. (a) An applicant must apply for a child placing agency license on forms provided by the department.

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

(c) The 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, volunteer, or contractor of the applicant.

(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 it receives concerning each person described in subsection (d)(1) through (d)(3).

(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 the department receives concerning a person described in subsection (d).

(g) Except as provided in subsection (h) and section 2.5 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) or (d)(3) 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 child placing agency 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 child placing agency, 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 child placing agency; and

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

(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 or facility is responsible for any fees associated with a criminal history check.

(k) The department shall, at the applicant's request, inform the applicant whether the department has or does not have a record of the person who is the subject of a criminal history check and if 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 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.60; P.L.162-2011, SEC.37; P.L.128-2012, SEC.129; P.L.183-2017, SEC.25; P.L.243-2019, SEC.13; P.L.173-2022, SEC.3; P.L.62-2026, SEC.7; P.L.145-2026, SEC.186.
Ind. Code § 31-27-3-16 — Indiana Code / Title 31 / Article 27 / Chapter 3 / Section 31-27-3-16
Cooperation by licensees
Status: in_force

Sec. 16. A licensee shall cooperate with the department and any other state agency working on behalf of the department in carrying out the activities required by section 15 of this chapter, including permitting the department, the department of homeland security, and any other state agency working on behalf of the department to conduct announced or unannounced inspections.

As added by P.L.145-2006, SEC.273. Amended by P.L.128-2012, SEC.100; P.L.28-2026, SEC.41.
Ind. Code § 31-21-5-10 — Indiana Code / Title 31 / Article 21 / Chapter 5 / Section 31-21-5-10
Information required by each party in a child custody proceeding
Status: in_force

Sec. 10. (a) Subject to local law providing for the confidentiality of procedures, addresses, and other identifying information in a child custody proceeding, each party, in its first pleading or in an attached affidavit, shall provide information, under oath, regarding:

(1) the child's present address or whereabouts and the places where the child has lived during the immediately preceding five (5) years; and

(2) the names and present addresses of the persons with whom the child has lived during that period.

(b) The pleading or affidavit must state the following:

(1) Whether the party has participated, as a party or witness or in any other capacity, in any other proceeding concerning the custody of or visitation with the child and, if so, identify:

(A) the court;

(B) the case number; and

(C) the date of the child custody determination, if any.

(2) Whether the party knows of a proceeding that may affect the current proceeding, including proceedings for enforcement and proceedings relating to:

(A) domestic violence;

(B) protective orders;

(C) termination of parental rights; and

(D) adoptions;

and, if so, identify the court, the case number, and the nature of the proceeding.

(3) Whether the party knows the names and addresses of a person not a party to the proceeding who:

(A) has physical custody of the child; or

(B) claims rights of legal custody or physical custody of, or visitation with, the child;

and, if so, the names and addresses of the persons.

(c) If the information required by subsection (a) is not furnished, the court, on motion of a party or its own motion, may stay the proceeding until the information is furnished.

As added by P.L.138-2007, SEC.45.
Ind. Code § 31-36-1-4 — Indiana Code / Title 31 / Article 36 / Chapter 1 / Section 31-36-1-4
Child care centers or homes and schools that are to receive report
Status: in_force

Sec. 4. Not later than fifteen (15) days after completion of the report required by section 1 of this chapter, the law enforcement agency shall forward the contents of the report to the last:

(1) child care center or child care home in which the child was enrolled; or

(2) school the child attended in Indiana, if any;

if the child is less than thirteen (13) years of age.

[Pre-1997 Recodification Citation: 31-6-13-4(b).]

As added by P.L.1-1997, SEC.19.
Ind. Code § 31-19-2-10 — Indiana Code / Title 31 / Article 19 / Chapter 2 / Section 31-19-2-10
Notice of filing of petition; examination, correction, and amendment of form of petition
Status: in_force

Sec. 10. (a) Not more than five (5) days after a petition for adoption has been filed, the clerk of the court shall notify the court of the filing.

(b) Upon receiving notice under subsection (a) that a petition for adoption has been filed, the court shall promptly:

(1) examine the petition for adoption; and

(2) determine whether the petition for adoption is in proper form.

(c) If the court does not find the petition for adoption to be in proper form, the court shall return the petition for adoption immediately to the petitioner for adoption or the petitioner's attorney.

(d) If a petition for adoption is returned under subsection (c), the petitioner for adoption shall promptly correct and amend the petition for adoption to conform to the law.

[Pre-1997 Recodification Citation: 31-3-1-4(a).]

As added by P.L.1-1997, SEC.11.
Ind. Code § 31-34-9-7 — Indiana Code / Title 31 / Article 34 / Chapter 9 / Section 31-34-9-7
Parties to juvenile law proceedings; rights of parties
Status: in_force

Sec. 7. The:

(1) child;

(2) child's parents, guardian, or custodian;

(3) department; and

(4) guardian ad litem or court appointed special advocate;

are parties to the proceedings described in the juvenile law and have all rights of parties under the Indiana Rules of Trial Procedure, including rights of discovery, subpoena, examination of witnesses, and presentation of evidence at any hearing, including a fact finding hearing.

[Pre-1997 Recodification Citation: 31-6-4-10(g).]

As added by P.L.1-1997, SEC.17. Amended by P.L.145-2006, SEC.295; P.L.179-2025, SEC.13.
Ind. Code § 31-16-9-4 — Indiana Code / Title 31 / Article 16 / Chapter 9 / Section 31-16-9-4
Duty to furnish Social Security number and employer information
Status: in_force

Sec. 4. The custodial parent and the noncustodial parent shall furnish the following information to the clerk of the court and the state central collection unit at the time of the issuance or modification of a child support order:

(1) The parent's Social Security number.

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

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

As added by P.L.1-1997, SEC.8. Amended by P.L.138-2001, SEC.11; P.L.148-2006, SEC.15.
Ind. Code § 31-14-4-1 — Indiana Code / Title 31 / Article 14 / Chapter 4 / Section 31-14-4-1
Persons permitted to file action
Status: in_force

Sec. 1. A paternity action may be filed by the following persons:

(1) The mother or expectant mother.

(2) A man alleging that:

(A) he is the child's biological father; or

(B) he is the expectant father of an unborn child.

(3) The mother and a man alleging that he is her child's biological father, filing jointly.

(4) The expectant mother and a man alleging that he is the biological father of her unborn child, filing jointly.

(5) A child.

(6) If paternity of a child has not been established, the department by filing an action under this article for a child who is the subject of a child in need of services proceeding.

(7) If the paternity of a child has not been established:

(A) the department; or

(B) a prosecuting attorney operating under an agreement or contract with the department described in IC 31-25-4-13.1.

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

As added by P.L.1-1997, SEC.6. Amended by P.L.145-2006, SEC.220; P.L.206-2015, SEC.44; P.L.150-2018, SEC.13.
Ind. Code § 31-33-9-2 — Indiana Code / Title 31 / Article 33 / Chapter 9 / Section 31-33-9-2
Terms or conditions of protocol or agreement
Status: in_force

Sec. 2. The protocol or agreement must describe the specific terms or conditions of the designation, including the following:

(1) The manner in which reports of a child who may be a victim of child abuse or neglect and who is under the care of a public or private institution will be received.

(2) The manner in which the reports will be investigated.

(3) The remedial action that will be taken.

(4) The manner in which the department will be kept fully informed on the progress, findings, and disposition of the investigation.

[Pre-1997 Recodification Citation: 31-6-11-16(b).]

As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005, SEC.129.
Ind. Code § 31-9-2.1-62 — Indiana Code / Title 31 / Article 9 / Chapter 2.1 / Section 31-9-2.1-62
"Convention"
Status: in_force

Sec. 62. "Convention", 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 § 31-31-9-1 — Indiana Code / Title 31 / Article 31 / Chapter 9 / Section 31-31-9-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to a county having a consolidated city.

[1997 Recodification Citation: New.]

As added by P.L.1-1997, SEC.14.
Ind. Code § 31-21-2-8 — Indiana Code / Title 31 / Article 21 / Chapter 2 / Section 31-21-2-8
"Home state"
Status: in_force

Sec. 8. "Home state" means the state in which a child lived with:

(1) a parent; or

(2) a person acting as a parent;

for at least six (6) consecutive months immediately before the commencement of a child custody proceeding. In the case of a child less than six (6) months of age, the term means the state in which the child lived since birth with a parent or person acting as a parent. A period of temporary absence of the parent or person acting as a parent is part of the period.

As added by P.L.138-2007, SEC.45.
Ind. Code § 31-18.5-3-19 — Indiana Code / Title 31 / Article 18.5 / Chapter 3 / Section 31-18.5-3-19
Receipt and disbursement of payments
Status: in_force

Sec. 19. (a) A support enforcement agency or Indiana tribunal shall disburse promptly any amounts received under a support order, as directed by the order. The agency or tribunal shall furnish to a requesting party or tribunal of another state or a foreign country a certified statement by the custodian of the record of the amounts and dates of all payments received.

(b) If neither the obligor, nor the obligee who is an individual, nor the child resides in Indiana, upon request from the support enforcement agency of Indiana or another state, the support enforcement agency of this state or an Indiana tribunal shall:

(1) direct that the support payment be made to the support enforcement agency in the state in which the obligee is receiving services; and

(2) issue and send to the obligor's income payor a conforming income withholding order or an administrative notice of change of payee, reflecting the redirected payments.

(c) The support enforcement agency of Indiana receiving redirected payments from another state under a law similar to subsection (b) shall furnish to a requesting party or tribunal of the other state a certified statement by the custodian of the record of the amount and dates of all payments received.

As added by P.L.206-2015, SEC.53.
Ind. Code § 31-33-18-1.6 — Indiana Code / Title 31 / Article 33 / Chapter 18 / Section 31-33-18-1.6
"State legislator"
Status: in_force

Sec. 1.6. (a) As used in this section, "state legislator" means:

(1) a member of the United States Congress representing Indiana; or

(2) a member of the general assembly;

acting in the member's official capacity.

(b) The department shall disclose information that:

(1) concerns alleged or actual child abuse or neglect; and

(2) is requested by a state legislator;

to the state legislator not later than twenty (20) business days after receiving the state legislator's request for the information.

(c) If requested by a state legislator under subsection (b), or as necessary to provide information responsive to the request of a state legislator under subsection (b), the department shall disclose to the state legislator:

(1) unredacted department records regarding the alleged or actual child abuse or neglect, including the safe system review regarding the child abuse or neglect investigation; and

(2) information regarding actions taken by other entities, including:

(A) child welfare agencies;

(B) guardians ad litem;

(C) court appointed special advocates; and

(D) court officers;

with regard to the alleged or actual child abuse or neglect;

including records or information that predate July 1, 2026.

(d) A state legislator to whom an unredacted record is disclosed under this section may not permit disclosure of the record to a third party except in the interest of a legitimate government purpose in protecting children from child abuse or neglect.

(e) The director or the director's designee may disclose information to the news media to confirm, clarify, correct, or supplement information concerning an alleged or actual occurrence of child abuse or neglect that has been made public by a source other than the department, if the disclosure is limited to factual information regarding the department's investigation of the alleged or actual occurrence of child abuse or neglect.

(f) Not later than five (5) business days, or ten (10) business days for complex cases, after receiving a request from the news media regarding the death of a child whose death is suspected to be the result of child abuse or neglect, the department shall release to the news media the following information, to the extent the information is known:

(1) The child's age.

(2) The child's gender.

(3) A summary of:

(A) the actions taken by the department concerning the child, including any investigation of alleged child abuse and neglect concerning the child that was conducted by the department before the child's death or that was ongoing at the time of the child's death; and

(B) any petition that was filed alleging that the child was a child in need of services, including the disposition of the petition.

(g) A record released under this section that has been redacted to exclude the information described in section 1.5(g) of this chapter is not confidential.

(h) This section shall be construed as broadly as possible consistent with other Indiana and federal law.

As added by P.L.84-2026, SEC.11.
Ind. Code § 31-37-17-1 — Indiana Code / Title 31 / Article 37 / Chapter 17 / Section 31-37-17-1
Recommendation of care, treatment, or rehabilitation of child; alternative reports
Status: in_force

Sec. 1. (a) Upon finding that a child is a delinquent child, the juvenile court shall order a probation officer to prepare a predispositional report that contains:

(1) a statement of the needs of the child for care, treatment, rehabilitation, or placement;

(2) a recommendation for the care, treatment, rehabilitation, or placement of the child;

(3) if the recommendation includes an out-of-home placement other than a secure detention facility, information that the department requires to determine whether the child is eligible for assistance under Title IV-E of the federal Social Security Act (42 U.S.C. 670 et seq.);

(4) a statement of the department's concurrence with or its alternative proposal to the probation officer's predispositional report, as provided in section 1.4 of this chapter;

(5) a statement of whether the child receives Medicaid; and

(6) the results of the validated risk and needs assessment tool the probation officer conducted on the child.

If the juvenile court waives the preparation of a predispositional report under this section, the results of the validated risk and needs assessment tool shall still be provided to the juvenile court and any legal party to the case.

(b) Any of the following may prepare an alternative report for consideration by the court:

(1) The child.

(2) The child's:

(A) parent;

(B) guardian;

(C) guardian ad litem;

(D) court appointed special advocate; or

(E) custodian.

(c) The results of the predispositional report compiled under subsection (a) shall, as soon as practicable, be shared with:

(1) the juvenile court;

(2) the prosecuting attorney;

(3) the defense attorney; and

(4) any other party to the case;

to ensure that the safety and best interest of the child and the community are addressed.

(d) The juvenile court shall make a written finding that includes the results of the risk and needs assessment if the court orders an out-of-home placement.

[Pre-1997 Recodification Citation: 31-6-4-15(a) part.]

As added by P.L.1-1997, SEC.20. Amended by P.L.55-1997, SEC.25; P.L.146-2008, SEC.637; P.L.114-2009, SEC.2; P.L.131-2009, SEC.68; P.L.1-2010, SEC.127; P.L.101-2022, SEC.23.
Ind. Code § 31-10-3.5-1 — Indiana Code / Title 31 / Article 10 / Chapter 3.5 / Section 31-10-3.5-1
General prohibition against discrimination
Status: in_force

Sec. 1. (a) Except as provided in subsection (b), a governmental entity may not discriminate against any of the following:

(1) A person that provides, or declines to provide, an adoption or foster care service in a manner consistent with the person's sincerely held religious belief.

(2) An adoptive parent (as defined in IC 31-9-2-6) who raises, or intends to raise, a child in a manner consistent with the adoptive parent's sincerely held religious belief.

(3) A foster parent (as defined in IC 31-9-2-47) who raises, or intends to raise, a child in a manner consistent with the foster parent's sincerely held religious belief.

(4) A person that in a matter concerning adoption or foster care service:

(A) maintains any policy and procedure; or

(B) otherwise acts;

consistent with the person's sincerely held religious belief.

(b) A governmental entity may consider whether a person described in subsection (a) shares the same religion or faith tradition as:

(1) a child when considering placement of the child to prioritize the child's placement with a person of the same religion or faith tradition; or

(2) the child's parent or parents when considering placement of the child to prioritize the child's placement with a person who shares the same religion or faith tradition of the parent or parents of the child.

(c) A governmental entity may not discriminate against a person described in subsection (a) unless the discriminatory act:

(1) as applied to the person described in subsection (a), is required to advance a compelling governmental interest; and

(2) is the least restrictive means of advancing the governmental interest.

As added by P.L.43-2026, SEC.6.
Ind. Code § 31-34-2.5-3 — Indiana Code / Title 31 / Article 34 / Chapter 2.5 / Section 31-34-2.5-3
Treatment of safe haven infant as child taken into custody without court order
Status: in_force

Sec. 3. A safe haven infant for whom:

(1) the department of child services; or

(2) a licensed child placing agency;

assumes care, control, and custody under section 2 of this chapter shall be treated as a child taken into custody without a court order, except that efforts to locate the safe haven infant's parents or reunify the safe haven infant's family are not necessary, if the court makes a finding to that effect under IC 31-34-21-5.6(b)(5).

As added by P.L.133-2000, SEC.3. Amended by P.L.234-2005, SEC.170; P.L.45-2023, SEC.7.
Ind. Code § 31-9-2.1-11.5 — Indiana Code / Title 31 / Article 9 / Chapter 2.1 / Section 31-9-2.1-11.5
"Adoption or foster care service"
Status: in_force

Sec. 11.5. "Adoption or foster care service", for purposes of IC 31-10-3.5, refers to any one (1) or more of the following:

(1) Promoting foster parenting.

(2) Coordinating placement of a child in a home or facility licensed under IC 31-27.

(3) Recruiting a foster parent or an adoptive parent.

(4) Licensing or certifying a foster family home.

(5) Promoting adoption.

(6) Assisting with an adoption or supporting an adoptive parent.

(7) Performing or assisting with a home study.

(8) Assisting with a kinship guardianship or a kinship caregiver.

(9) Providing any family preservation service.

(10) Providing any family support service or temporary family reunification service.

As added by P.L.145-2026, SEC.161.
Ind. Code § 31-19-6-1 — Indiana Code / Title 31 / Article 19 / Chapter 6 / Section 31-19-6-1
Request for search of records pending adoption proceedings
Status: in_force

Sec. 1. An attorney or agency that arranges an adoption or may arrange an adoption may at any time request that the Indiana department of health search the Indiana department of health's records of:

(1) paternity determinations to determine whether a man's paternity of a child has been established in relation to a child who is or may be the subject of an adoption; and

(2) notices of filings of petitions to establish paternity.

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

As added by P.L.1-1997, SEC.11. Amended by P.L.58-2009, SEC.19; P.L.56-2023, SEC.279.
Ind. Code § 31-19-10-2 — Indiana Code / Title 31 / Article 19 / Chapter 10 / Section 31-19-10-2
Notice of intent to withdraw consent or to contest adoption
Status: in_force

Sec. 2. A person seeking to withdraw consent to an adoption under section 3 of this chapter or contesting an adoption must give notice of intent to withdraw consent to or contest the adoption to the following persons:

(1) All parties to the adoption.

(2) A person whose consent to adoption is required by IC 31-19-9.

[Pre-1997 Recodification Citation: 31-3-1-6.2.]

As added by P.L.1-1997, SEC.11.
Ind. Code § 31-11-8-2 — Indiana Code / Title 31 / Article 11 / Chapter 8 / Section 31-11-8-2
Prior existing marriage
Status: in_force

Sec. 2. A marriage is void if either party to the marriage had a wife or husband who was living when the marriage was solemnized.

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

As added by P.L.1-1997, SEC.3.
Ind. Code § 31-27-2-7 — Indiana Code / Title 31 / Article 27 / Chapter 2 / Section 31-27-2-7
Child caring institutions and group homes operated by churches and religious ministries
Status: in_force

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

Sec. 7. (a) Except as provided in subsections (b) and (c), the department shall exempt from licensure a child caring institution and a group home operated by a church or religious ministry that is a religious organization exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code (as defined in IC 6-3-1-11) and that does not:

(1) accept for care:

(A) a child who is a delinquent child under IC 31-37-1-1 or IC 31-37-2-1; or

(B) a child who is a child in need of services under IC 31-34-1-1 through IC 31-34-1-9; or

(2) operate a residential facility that provides child care on a twenty-four (24) hour basis for profit.

(b) The department shall adopt rules under IC 4-22-2 to govern the inspection of a child caring institution and a group home operated by a church or religious ministry with regard to sanitation.

(c) The fire prevention and building safety commission shall adopt rules under IC 4-22-2 to govern the inspection of a child caring institution and a group home operated by a church or religious ministry under this section. The rules must provide standards for fire alarms and fire drills.

(d) A child caring institution and a group home operated by a church or religious ministry under this section shall comply with the rules established by the department and the fire prevention and building safety commission under this section.

As added by P.L.145-2006, SEC.273.
Ind. Code § 31-9-2.1-209 — Indiana Code / Title 31 / Article 9 / Chapter 2.1 / Section 31-9-2.1-209
"Relocation"
Status: in_force

Sec. 209. "Relocation", for purposes of IC 31-14-13 and IC 31-17-2.2, means a change in the primary residence of an individual for a period of at least sixty (60) days.

As added by P.L.145-2026, SEC.161.
Ind. Code § 31-9-2.1-159 — Indiana Code / Title 31 / Article 9 / Chapter 2.1 / Section 31-9-2.1-159
"Medical history"
Status: in_force

Sec. 159. "Medical history", for purposes of IC 31-19-18 through IC 31-19-20, means:

(1) a comprehensive report required by IC 31-19-2-7; and

(2) any voluntary medical information transmitted to the state registrar under IC 31-19-18-3.

As added by P.L.145-2026, SEC.161.
Ind. Code § 31-26-4-1 — Indiana Code / Title 31 / Article 26 / Chapter 4 / Section 31-26-4-1
Purpose
Status: in_force

Sec. 1. (a) The purpose of the Indiana kids first trust program and this chapter is to recognize that:

(1) the children of the state are its single greatest resource;

(2) children require the utmost protection to guard their future and the future of the state;

(3) it is in the public interest to protect children from abuse and neglect; and

(4) it is in the public interest to reduce infant mortality.

(b) The Indiana kids first trust program shall provide funds for community programs that prevent child abuse and neglect.

(c) The Indiana kids first trust program shall provide funds for community programs that reduce infant mortality from the infant mortality account established by section 14 of this chapter.

As added by P.L.145-2006, SEC.272.
Ind. Code § 31-26-4-9 — Indiana Code / Title 31 / Article 26 / Chapter 4 / Section 31-26-4-9
Terms of board members
Status: in_force

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

Sec. 9. (a) The term of a board member begins on the later of the following:

(1) The day the term of the member whom the individual is appointed to succeed expires.

(2) The day the individual is appointed.

(b) The term of a member expires July 1 of the fourth year after the member is appointed. However, a member serves at the pleasure of the appointing authority.

(c) The appointing authority may reappoint a member for a new term.

(d) The appointing authority shall appoint an individual to fill a vacancy among the members.

As added by P.L.145-2006, SEC.272. Amended by P.L.93-2021, SEC.3.
Ind. Code § 31-19-2-1.1 — Indiana Code / Title 31 / Article 19 / Chapter 2 / Section 31-19-2-1.1
Name change by lifetime sex or violent offender
Status: in_force

Sec. 1.1. (a) This section applies only to an individual:

(1) who seeks to be adopted by a resident of Indiana under section 1 of this chapter; and

(2) who is a lifetime sex or violent offender.

(b) A court may not issue an order granting a petition for adoption of an individual described in subsection (a) unless all of the following conditions are met:

(1) The lifetime sex or violent offender complies with and meets the requirements of section 1 of this chapter.

(2) If the lifetime sex or violent offender intends to change the offender's name, the offender provides written notice of the petition for adoption and the new name to the local law enforcement authority in the:

(A) county of conviction; and

(B) county where the person resides.

(c) Upon proof that the notice described in subsection (b) has been properly served, the court shall grant the petition for adoption if all other requirements are met.

As added by P.L.244-2019, SEC.10.
Ind. Code § 31-10-2-3 — Indiana Code / Title 31 / Article 10 / Chapter 2 / Section 31-10-2-3
Rights of persons with a disability
Status: in_force

Sec. 3. The right of a person with a disability to parent the person's child may not be denied or restricted solely because the person has a disability.

As added by P.L.146-2021, SEC.5.
Ind. Code § 31-16-17-2 — Indiana Code / Title 31 / Article 16 / Chapter 17 / Section 31-16-17-2
Action for support; parties plaintiff
Status: in_force

Sec. 2. An action for support of a parent may be instituted against a child for violation of the duty to support a parent as required by section 1 of this chapter by filing a verified complaint in a circuit or superior court of the county of the residence of either parent. The plaintiff or plaintiffs must be:

(1) the parent or parents; or

(2) the:

(A) prosecuting attorney of the judicial circuit;

(B) local office of the county in which the parent resides;

(C) township trustee of the township in which the parent resides; or

(D) division of family resources;

on behalf of the parent.

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

As added by P.L.1-1997, SEC.8. Amended by P.L.3-2008, SEC.236; P.L.128-2012, SEC.43.
Ind. Code § 31-37-15-4 — Indiana Code / Title 31 / Article 37 / Chapter 15 / Section 31-37-15-4
Hearing; advisement to parent; decree
Status: in_force

Sec. 4. (a) The court may hold a hearing on a petition concurrently with any dispositional hearing or with any hearing to modify a dispositional decree.

(b) If the order concerns participation of a parent, the juvenile court shall advise the parent that failure to participate as required by an order issued under IC 31-37-19-24 (or IC 31-6-4-15.8 before its repeal) can lead to the termination of the parent-child relationship under IC 31-35.

(c) If the court finds that the allegations under section 3 of this chapter are true, the court shall enter a decree.

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

As added by P.L.1-1997, SEC.20.
Ind. Code § 31-25-2-18 — Indiana Code / Title 31 / Article 25 / Chapter 2 / Section 31-25-2-18
Rules
Status: in_force

Sec. 18. The department may adopt rules under IC 4-22-2 necessary to carry out the department's or bureau's duties under this article.

As added by P.L.145-2006, SEC.271.
Ind. Code § 31-25-4-3 — Indiana Code / Title 31 / Article 25 / Chapter 4 / Section 31-25-4-3
"Account"
Status: in_force

Sec. 3. (a) As used in this chapter with regard to a financial institution data match, "account" has the meaning set forth in 42 U.S.C. 666, and includes any of the following:

(1) A demand deposit account.

(2) A checking or negotiable order of withdrawal account.

(3) A savings account.

(4) A timed deposit account.

(5) A money market mutual fund account.

(b) As used in this chapter, "financial institution" has the meaning set forth in 42 U.S.C. 666, and includes the following:

(1) A depository institution, as defined in Section 3(c) of the Federal Deposit Insurance Act (12 U.S.C. 1813(c)).

(2) An institution affiliated party, as defined in Section 3(u) of the Federal Deposit Insurance Act (12 U.S.C. 1813(u)).

(3) A federal or state credit union, as defined in Section 101 of the Federal Credit Union Act (12 U.S.C. 1752), including an institution affiliated party of a credit union (as defined in Section 206(r) of the Act).

(4) A benefit association, insurance company, safe deposit company, money market mutual fund, or similar entity authorized to do business in Indiana.

As added by P.L.145-2006, SEC.271.
Ind. Code § 31-19-23-1 — Indiana Code / Title 31 / Article 19 / Chapter 23 / Section 31-19-23-1
Entities required to release nonidentifying information
Status: in_force

Sec. 1. The following persons shall release nonidentifying information concerning an adoption in the entity's possession to any person described in IC 31-19-18-2(a) upon request:

(1) The state registrar.

(2) The department.

(3) A local office.

(4) A licensed child placing agency.

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

(6) The attorney who arranged the adoption.

(7) A court.

[Pre-1997 Recodification Citation: 31-3-4-29.]

As added by P.L.1-1997, SEC.11. Amended by P.L.1-1998, SEC.162; P.L.145-2006, SEC.258; P.L.128-2012, SEC.72; P.L.186-2025, SEC.155.
Ind. Code § 31-18.5-3-16 — Indiana Code / Title 31 / Article 18.5 / Chapter 3 / Section 31-18.5-3-16
Special rules of evidence and procedure
Status: in_force

Sec. 16. (a) The physical presence of a nonresident party who is an individual in an Indiana tribunal is not required for the establishment, enforcement, or modification of a support order or the rendition of a judgment determining parentage of a child.

(b) An affidavit, a document substantially complying with federally mandated forms, or a document incorporated by reference in any of them, which would not be excluded under the hearsay rule if given in person, is admissible in evidence if given under penalty of perjury by a party or witness residing outside Indiana.

(c) A copy of the record of child support payments certified as a true copy of the original by the custodian of the record may be forwarded to a responding tribunal. The copy is evidence of facts asserted in it and is admissible to show whether payments were made.

(d) Copies of bills for testing for parentage of a child, and for prenatal and postnatal health care of the mother and child, furnished to the adverse party at least ten (10) days before trial, are admissible in evidence to prove the amount of the charges billed and that the charges were reasonable, necessary, and customary.

(e) Documentary evidence transmitted from outside Indiana to an Indiana tribunal by telephone, telecopier, or other electronic means that do not provide an original record may not be excluded from evidence on an objection based on the means of transmission.

(f) In a proceeding under this article, an Indiana tribunal shall permit a party or witness residing outside Indiana to be deposed or to testify under penalty of perjury by telephone, audiovisual means, or other electronic means at:

(1) a designated tribunal; or

(2) another location.

An Indiana tribunal shall cooperate with other tribunals in designating an appropriate location for the deposition or testimony.

(g) If a party called to testify at a civil hearing refuses to answer on the ground that the testimony may be self-incriminating, the trier of fact may draw an adverse inference from the refusal.

(h) A privilege against disclosure of communications between spouses does not apply in a proceeding under this article.

(i) The defense of immunity based on the relationship of husband and wife or parent and child does not apply in a proceeding under this article.

(j) A voluntary acknowledgment of parentage, certified as a true copy, is admissible to establish parentage of the child.

As added by P.L.206-2015, SEC.53.
Ind. Code § 31-30-2-2 — Indiana Code / Title 31 / Article 30 / Chapter 2 / Section 31-30-2-2
Notice of child's release from custody of department of correction
Status: in_force

Sec. 2. If the department of correction is awarded guardianship of a child under section 1(a)(2) of this chapter (or IC 31-6-2-3(a)(2) before its repeal), the department of correction shall notify the court awarding the guardianship when the department will release the child from the department's custody. The notification must be sent to the court at least ten (10) days before the child's release.

[Pre-1997 Recodification Citation: 31-6-2-3(b).]

As added by P.L.1-1997, SEC.13.
Ind. Code § 31-12-1.5-2 — Indiana Code / Title 31 / Article 12 / Chapter 1.5 / Section 31-12-1.5-2
Designation of judges; sessions of court
Status: in_force

Sec. 2. If the judges of a judicial circuit make the determination described in section 1 of this chapter, the judges shall designate by joint order one (1) or more of the judges in the judicial circuit to hear cases under this chapter. A judge designated under this section may hold as many sessions each week as are necessary for the prompt disposition of the court's business.

As added by P.L.80-2006, SEC.2.
Ind. Code § 31-34-21-4.6 — Indiana Code / Title 31 / Article 34 / Chapter 21 / Section 31-34-21-4.6
Repealed
Status: repealed

As added by P.L.152-2003, SEC.4. Repealed by P.L.210-2019, SEC.14.
Ind. Code § 31-37-19-17.2 — Indiana Code / Title 31 / Article 37 / Chapter 19 / Section 31-37-19-17.2
Fuel theft by delinquent child
Status: in_force

Sec. 17.2. (a) This section applies if a child is a delinquent child under IC 31-37-1 due to the commission of a delinquent act that, if committed by an adult, would be a theft or criminal conversion described in IC 35-43-4-8 (fuel theft).

(b) The juvenile court shall, in addition to any other order or decree the court makes under this chapter, order the bureau of motor vehicles to:

(1) suspend the child's driving privileges; or

(2) invalidate the child's driving privileges;

under IC 9-30-13-8 in the same manner as the bureau of motor vehicles is required to suspend the driving privileges of a person convicted of fuel theft.

As added by P.L.117-2001, SEC.5. Amended by P.L.125-2012, SEC.405.
Ind. Code § 31-28-7-1 — Indiana Code / Title 31 / Article 28 / Chapter 7 / Section 31-28-7-1
Removal from home based on petition to adopt
Status: in_force

Sec. 1. If the department temporarily places a child with:

(1) an unlicensed kinship caregiver; or

(2) a de facto custodian;

the department may not remove the child from the home of the unlicensed kinship caregiver or de facto custodian solely on the basis of the unlicensed kinship caregiver or de facto custodian having filed a petition to adopt the child.

As added by P.L.244-2023, SEC.9. Amended by P.L.46-2024, SEC.15.
Ind. Code § 31-31-6-1 — Indiana Code / Title 31 / Article 31 / Chapter 6 / Section 31-31-6-1
Reporter; manner of reporting
Status: in_force

Sec. 1. (a) The reporter of the court having juvenile jurisdiction serves as the reporter for the juvenile court.

(b) The reporter of the court shall report the proceedings of the juvenile court in the same manner and under the same laws governing reporters for other courts of record.

[Pre-1997 Recodification Citation: 31-6-9-3.]

As added by P.L.1-1997, SEC.14.
Ind. Code § 31-16-1-1 — Indiana Code / Title 31 / Article 16 / Chapter 1 / Section 31-16-1-1
Construction and application of IC 31-16-1 through IC 31-16-12
Status: in_force

Sec. 1. This chapter and IC 31-16-2 through IC 31-16-12 shall be construed and applied to promote the purpose and policy of this chapter and IC 31-16-2 through IC 31-16-12.

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

As added by P.L.1-1997, SEC.8.
Ind. Code § 31-14-13-7.5 — Indiana Code / Title 31 / Article 14 / Chapter 13 / Section 31-14-13-7.5
Court inclusion of written findings in custody order
Status: in_force

Sec. 7.5. (a) As used in this section, "custody order" means:

(1) a final order:

(A) awarding custody;

(B) modifying custody; or

(C) denying modification of custody;

under this chapter; or

(2) an appellate decision affirming or reversing an order described in subdivision (1).

The term does not include a preliminary order or provisional order awarding custody.

(b) The following shall be included in a custody order:

(1) A trial court shall include the court's findings of fact and conclusions of law on which the custody order is based.

(2) An appellate decision shall include the facts upon which the appellate court relied to affirm or reverse an order.

As added by P.L.38-2025, SEC.1.
Ind. Code § 31-34-1-9 — Indiana Code / Title 31 / Article 34 / Chapter 1 / Section 31-34-1-9
Disabled child deprived of necessary nutrition or medical or surgical intervention
Status: in_force

Sec. 9. A child in need of services under section 1, 2, 3, 4, 5, 6, 7, or 8 of this chapter includes a child with a disability who:

(1) is deprived of nutrition that is necessary to sustain life; or

(2) is deprived of medical or surgical intervention that is necessary to remedy or ameliorate a life threatening medical condition;

if the nutrition or medical or surgical intervention is generally provided to similarly situated children with or without disabilities.

[Pre-1997 Recodification Citation: 31-6-4-3(f).]

As added by P.L.1-1997, SEC.17. Amended by P.L.131-2009, SEC.58.
Ind. Code § 31-34-21-11 — Indiana Code / Title 31 / Article 34 / Chapter 21 / Section 31-34-21-11
Discharge of child
Status: in_force

Sec. 11. (a) When the juvenile court finds that the objectives of the dispositional decree have been met, the court shall discharge the child and the child's parent, guardian, or custodian.

(b) The objectives of the dispositional decree are not considered met solely because a court is prohibited from changing a child's placement under IC 31-34-23-6(g).

(c) If a child's placement has been stayed under IC 31-34-23-6(g), the court may not consider:

(1) the existence of a pending adoption; or

(2) any pending matters or hearings in the adoption;

to determine whether the objectives of the dispositional decree have been met under subsection (a).

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

As added by P.L.1-1997, SEC.17. Amended by P.L.116-2026, SEC.11.
Ind. Code § 31-11-3-7 — Indiana Code / Title 31 / Article 11 / Chapter 3 / Section 31-11-3-7
Amendment or revocation must be in writing; consideration not required
Status: in_force

Sec. 7. After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties. The amended agreement or the revocation is enforceable without consideration.

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

As added by P.L.1-1997, SEC.3.
Ind. Code § 31-33-26-6 — Indiana Code / Title 31 / Article 33 / Chapter 26 / Section 31-33-26-6
Data storage and retrieval requirements
Status: in_force

Sec. 6. The department shall store data regarding child abuse or neglect reports in a manner that allows the data to be retrieved based on the following, if known:

(1) The child's name.

(2) The child's date of birth.

(3) The alleged perpetrator's name.

(4) The child's mother's name.

(5) The child's father's name.

(6) The name of a sibling of the child.

(7) The name of the child's guardian or custodian if applicable.

As added by P.L.138-2007, SEC.67.
Ind. Code § 31-19-21-1 — Indiana Code / Title 31 / Article 19 / Chapter 21 / Section 31-19-21-1
Consent; contents
Status: in_force

Sec. 1. (a) An:

(1) adoptee who is at least twenty-one (21) years of age; or

(2) adoptive parent of an adoptee who is less than twenty-one (21) years of age;

may consent to the release of identifying information concerning the adoptee in a signed writing.

(b) The consent described in subsection (a) must identify the persons to whom the information may be released.

[Pre-1997 Recodification Citation: 31-3-4-27(a), (b).]

As added by P.L.1-1997, SEC.11. Amended by P.L.3-2016, SEC.8.
Ind. Code § 31-32-5-6 — Indiana Code / Title 31 / Article 32 / Chapter 5 / Section 31-32-5-6
Waiver of service of summons
Status: in_force

Sec. 6. Any person other than the child may waive service of summons if the person does so in writing.

[Pre-1997 Recodification Citation: 31-6-7-3(f).]

As added by P.L.1-1997, SEC.15.
Ind. Code § 31-9-2.1-15 — Indiana Code / Title 31 / Article 9 / Chapter 2.1 / Section 31-9-2.1-15
"Advisory board"
Status: in_force

Sec. 15. "Advisory board", for purposes of IC 31-31-9, refers to the juvenile detention center advisory board described in IC 31-31-9.

As added by P.L.145-2026, SEC.161.
Ind. Code § 31-12-2-11 — Indiana Code / Title 31 / Article 12 / Chapter 2 / Section 31-12-2-11
Gifts and donations
Status: in_force

Sec. 11. The domestic relations counseling bureau may receive gifts and donations from private sources under approval of the judges or the judge to supplement the bureau's budget.

[Pre-1997 Recodification Citation: 31-1-24-9 part.]

As added by P.L.1-1997, SEC.4.
Ind. Code § 31-40-6-0.3 — Indiana Code / Title 31 / Article 40 / Chapter 6 / Section 31-40-6-0.3
"Fund"
Status: in_force

Sec. 0.3. As used in this chapter, "fund" refers to the juvenile behavioral health competitive grant program fund established by section 5 of this chapter.

As added by P.L.201-2023, SEC.246. Amended by P.L.122-2025, SEC.7.
Ind. Code § 31-32-13-3 — Indiana Code / Title 31 / Article 32 / Chapter 13 / Section 31-32-13-3
Notice
Status: in_force

Sec. 3. The juvenile court must give notice to any person whose conduct will be regulated by an order issued under section 1 of this chapter to appear at a specified date and time concerning the relief requested under section 1 of this chapter.

[Pre-1997 Recodification Citation: 31-6-7-14(c).]

As added by P.L.1-1997, SEC.15.
Ind. Code § 31-18.5-2-10 — Indiana Code / Title 31 / Article 18.5 / Chapter 2 / Section 31-18.5-2-10
Application to nonresident subject to personal jurisdiction
Status: in_force

Sec. 10. An Indiana tribunal exercising personal jurisdiction over a nonresident in a proceeding under this article, under other Indiana law relating to a support order, or recognizing a foreign support order may:

(1) receive evidence from outside Indiana under IC 31-18.5-3-16;

(2) communicate with a tribunal outside Indiana under IC 31-18.5-3-17; and

(3) obtain discovery through a tribunal outside Indiana under IC 31-18.5-3-18.

In all other respects, IC 31-18.5-3 through IC 31-18.5-6 does not apply, and the tribunal shall apply the procedural and substantive law of Indiana.

As added by P.L.206-2015, SEC.53.
Ind. Code § 31-26-3.5-2 — Indiana Code / Title 31 / Article 26 / Chapter 3.5 / Section 31-26-3.5-2
Authority to establish and fund program; purposes of program
Status: in_force

Sec. 2. A child welfare program may be established and funded by the department for any of the following purposes:

(1) Protecting and promoting the welfare of children in a community who are, or are likely to be, at risk of becoming homeless, neglected, or abused due to lack of adequate or appropriate parental support or supervision, in order to reduce the likelihood that the children will become wards of a juvenile court or the department.

(2) Preventing, remedying, or assisting in the solution of problems that may result in the neglect, abuse, exploitation, or delinquency of children.

(3) Preventing unnecessary separation of children from their families by identifying family problems, assisting in the resolution of family problems, and preventing the breakup of families whenever prevention of child removal is possible and desirable.

(4) Providing services targeted to the assistance of children who are developmentally or physically disabled and their families, for the purposes of prevention of potential abuse, neglect, or abandonment of those children, and enabling the children to receive adequate family support and preparation to become self-supporting to the extent feasible.

(5) Providing family preservation services or family support services (both as defined in 42 U.S.C. 629a) for families and children who are not currently receiving individually designed services provided or funded by the department through an open juvenile court child in need of services or delinquency case.

(6) Providing child welfare substance abuse treatment services for families and children who have an open child welfare or delinquency case with the juvenile court.

As added by P.L.146-2008, SEC.570. Amended by P.L.243-2017, SEC.7.
Ind. Code § 31-27-5-6 — Indiana Code / Title 31 / Article 27 / Chapter 5 / Section 31-27-5-6
Grounds for denial of license application; waiver
Status: in_force

Sec. 6. (a) The following constitute sufficient grounds for a denial of a license application:

(1) A determination by the department of child abuse or neglect by:

(A) the applicant; or

(B) an employee, volunteer, or contractor of the applicant.

(2) A criminal conviction of the applicant, or the director or manager of a facility where children will be placed by the applicant, for any of the following:

(A) A felony.

(B) A misdemeanor related to the health and safety of a child.

(C) A misdemeanor for operating a child caring institution, foster family home, group home, or child placing agency without a license under this article (or IC 12-17.4 before its repeal).

(D) A misdemeanor for operating a child care center or child care home without a license under IC 12-17.2.

(3) A determination by the department that the applicant made false statements in the applicant's application for licensure.

(4) A determination by the department that the applicant made false statements in the records required by the department.

(5) A determination by the department that:

(A) the applicant; or

(B) an employee, volunteer, or contractor of the applicant;

previously operated a home or facility without a license required under any applicable provision of this article (or IC 12-17.4 before its repeal) or IC 12-17.2.

(6) A juvenile adjudication of the applicant for a nonwaivable offense, as defined in IC 31-9-2.1-168 that, if committed by an adult, would be a felony.

(7) A determination by the department that the applicant was previously licensed under this article and the license was revoked within one (1) year of the current application.

(b) An application for a license may also be denied if an employee, volunteer, or contractor of the applicant has had any of the following:

(1) A conviction of a nonwaivable offense, as defined in IC 31-9-2.1-168.

(2) A conviction of any other felony or a misdemeanor relating to the health and safety of a child, unless the applicant is granted a waiver by the department to employ or assign the person as a volunteer in a position described in this subsection.

(3) 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, unless the applicant is granted a waiver by the department to employ or assign the person as a volunteer in a position described in this subsection.

(c) In determining whether to grant a waiver under subsection (b), the department shall consider the following factors:

(1) The length of time that has passed since the disqualifying conviction.

(2) The severity, nature, and circumstances of the offense.

(3) Evidence of rehabilitation.

(4) The duties and qualifications required for the proposed employment positions, volunteer assignment, or contract.

(d) Notwithstanding subsection (a) or (b), if:

(1) a license application could be denied due to a criminal conviction of, or a determination of child abuse or neglect by, an employee, volunteer, or contractor of the applicant; and

(2) the department determines that the employee, volunteer, or contractor has been dismissed by the applicant within a reasonable time after the applicant became aware of the conviction or determination;

the criminal conviction of, or determination of child abuse or neglect by, the former employee, former volunteer, or former contractor does not constitute a sufficient basis for the denial of a license application.

(e) The department may adopt rules to implement this section.

As added by P.L.145-2006, SEC.273. Amended by P.L.138-2007, SEC.57; P.L.162-2011, SEC.35; P.L.128-2012, SEC.118; P.L.183-2017, SEC.23; P.L.243-2019, SEC.11; P.L.78-2026, SEC.7; P.L.145-2026, SEC.184.
Ind. Code § 31-34-10-4 — Indiana Code / Title 31 / Article 34 / Chapter 10 / Section 31-34-10-4
Duty to inform child and parent, guardian, or custodian of nature of allegations and dispositional alternatives
Status: in_force

Sec. 4. The court shall next inform the child, if the child is at an age of understanding, and the child's parent, guardian, or custodian, if the person is present, of the following:

(1) The nature of the allegations in the petition.

(2) The dispositional alternatives available to the court if the child is adjudicated a child in need of services.

[Pre-1997 Recodification Citation: 31-6-4-13.6(d).]

As added by P.L.1-1997, SEC.17.
Ind. Code § 31-26-4.5-5 — Indiana Code / Title 31 / Article 26 / Chapter 4.5 / Section 31-26-4.5-5
Use of the fund
Status: in_force

Sec. 5. (a) Money in the fund may be used to provide payments to foster youth for the purposes set forth in section 1(b) of this chapter.

(b) Money in the fund may not be granted to a state or local unit of government.

As added by P.L.59-2022, SEC.2.
Ind. Code § 31-32-10-3 — Indiana Code / Title 31 / Article 32 / Chapter 10 / Section 31-32-10-3
Civil discovery procedures
Status: in_force

Sec. 3. In cases other than those described by section 1 or 2 of this chapter, the law of discovery for civil cases applies.

[Pre-1997 Recodification Citation: 31-6-7-11(c).]

As added by P.L.1-1997, SEC.15.
Ind. Code § 31-17-3.5-1 — Indiana Code / Title 31 / Article 17 / Chapter 3.5 / Section 31-17-3.5-1
Bonds; requirements
Status: in_force

Sec. 1. A bond required under this article to secure enforcement of a custody order or parenting time order must:

(1) be in writing; and

(2) be secured by:

(A) at least one (1) resident freehold surety; or

(B) a commercial insurance company.

As added by P.L.171-2001, SEC.10. Amended by P.L.68-2005, SEC.41.
Ind. Code § 31-28-4-1 — Indiana Code / Title 31 / Article 28 / Chapter 4 / Section 31-28-4-1
Enactment; provision
Status: in_force

Sec. 1. The interstate compact on the placement of children is enacted into law under this chapter and entered into with all other jurisdictions legally joining the compact in the form substantially as follows:

ARTICLE I. PURPOSE AND POLICY

It is the purpose and policy of the party states to cooperate with each other in the interstate placement of children to the end that:

(a) Each child requiring placement shall receive the maximum opportunity to be placed in a suitable environment and with a person or an institution having appropriate qualifications and facilities to provide a necessary and desirable degree and type of care.

(b) The appropriate authorities in a state where a child is to be placed may have full opportunity to ascertain the circumstances of the proposed placement, thereby promoting full compliance with applicable requirements for the protection of the child.

(c) The proper authorities of the state from which the placement is made may obtain the most complete information on the basis of which to evaluate a projected placement before the placement is made.

(d) Appropriate jurisdictional arrangements for the care of children must be promoted.

ARTICLE II. DEFINITIONS

As used in this compact:

(a) "Child" means a person who, by reason of minority, is legally subject to parental, guardianship, or similar control.

(b) "Sending agency" means:

(1) a party state or a party state's officer or employee;

(2) a subdivision of a party state or the subdivision's officer or employee;

(3) a court of a party state;

(4) a person;

(5) a corporation;

(6) an association;

(7) a charitable agency; or

(8) any other entity;

that sends, brings, or causes to be sent or brought any child to another party state.

(c) "Receiving state" means the state to which a child is sent, brought, or caused to be sent or brought, whether by public authorities or private persons or agencies, and whether for placement with state or local public authorities or for placement with private agencies or persons.

(d) "Placement" means the arrangement for the care of a child by an individual in a free home, in a boarding home, or in a child-caring agency or institution but does not include an institution caring for the mentally ill, mentally defective, or epileptic or any institution primarily educational in character, and a hospital or other medical facility.

ARTICLE III. CONDITIONS FOR PLACEMENT

(a) A sending agency may not send, bring, or cause to be sent or brought into any other party state a child for placement in foster care or as a preliminary to a possible adoption unless the sending agency complies with each requirement under article III and with the receiving state's laws governing the placement of children.

(b) Before sending, bringing, or causing any child to be sent or brought into a receiving state for placement in foster care or as a preliminary to a possible adoption, the sending agency shall furnish the appropriate public authorities in the receiving state written notice of the intention to send, bring, or place the child in the receiving state. The notice shall contain the following:

(1) The child's name, place, and date of birth.

(2) The identity and address or addresses of the child's parents or legal guardian.

(3) The name and address of the person, agency, or institution to or with which the sending agency proposes to send, bring, or place the child.

(4) A full statement of the reasons for the proposed action and evidence of the authority under which the placement is proposed to be made.

(c) A public officer or agency in a receiving state that receives a notice under paragraph (b) of article III is entitled, upon request, to receive additional information necessary to carry out the purpose and policy of this compact from the sending agency or any other appropriate officer or agency of or in the sending agency's state.

(d) The child shall not be sent, brought, or caused to be sent or brought into the receiving state until the appropriate public authorities in the receiving state shall notify the sending agency, in writing, to the effect that the proposed placement does not appear to be contrary to the interests of the child.

ARTICLE IV. PENALTY FOR ILLEGAL PLACEMENT

The sending, bringing, or causing to be sent or brought into any receiving state of a child in violation of the terms of this compact shall constitute a violation of the laws respecting the placement of children of both the state in which the sending agency is located or from which the sending agency sends or brings the child and of the receiving state. The violation may be punished or penalized by the laws of either jurisdiction. In addition to liability for any punishment or penalty, any violation shall constitute full and sufficient grounds for the suspension or revocation of a license, permit, or other legal authorization held by the sending agency which empowers or allows the sending agency to place or care for children.

ARTICLE V. RETENTION OF JURISDICTION

(a) The sending agency shall retain jurisdiction over the child sufficient to determine all matters relating to the custody, supervision, care, treatment and disposition of the child, which the sending agency would have had if the child had remained in the sending agency's state, until the child is adopted, reaches majority, becomes self-supporting, or is discharged with the concurrence of the appropriate authority in the receiving state. The jurisdiction shall also include the power to effect or cause the child's return or transfer to another location and custody as provided by law. The sending agency shall continue to have financial responsibility for support and maintenance of the child during the period of placement. Nothing contained in this compact shall defeat a claim of jurisdiction by a receiving state sufficient to deal with an act of delinquency or crime committed within the receiving state.

(b) When a sending agency is a public agency, the sending agency may enter into an agreement with an authorized public or private agency in the receiving state providing for the performance of one (1) or more services in respect of such case by the latter as agent for the sending agency.

(c) Nothing in this compact shall be construed to prevent a private charitable agency authorized to place children in the receiving state from performing services or acting as agent in that state for a private charitable agency of the sending state. This compact does not prevent the agency in the receiving state from discharging financial responsibility for the support and maintenance of a child who has been placed on behalf of the sending agency without relieving the responsibility set forth in paragraph (a).

ARTICLE VI. INSTITUTIONAL

CARE OF DELINQUENT CHILDREN

A child adjudicated delinquent may be placed in an institution in another party jurisdiction under this compact, but no placement shall be made unless the child is given a court hearing on notice to the parent or guardian with opportunity to be heard prior to the child being sent to the other party jurisdiction for institutional care and the court finds that:

(1) equivalent facilities for the child are not available in the sending agency's jurisdiction; and

(2) institutional care in the other jurisdiction is in the best interest of the child and will not produce undue hardship.

ARTICLE VII. COMPACT ADMINISTRATOR

The executive head of each jurisdiction party to this compact shall designate an officer who shall be general coordinator of activities under this compact in the general coordinator's jurisdiction and who, acting jointly with like officers of other party jurisdictions, shall have power to promulgate rules and regulations to carry out more effectively the terms and provisions of this compact.

ARTICLE VIII. LIMITATIONS

This compact does not apply to:

(a) The sending or bringing of a child into a receiving state by the child's parent, stepparent, grandparent, adult brother or sister, adult uncle or aunt, or guardian and leaving the child with any such relative or nonagency guardian in the receiving state.

(b) Any placement, sending, or bringing of a child into a receiving state under any other interstate compact to which both the state from which the child is sent or brought and the receiving state are party, or to any other agreement between the states which has the force of law.

ARTICLE IX. ENACTMENT AND WITHDRAWAL

This compact shall be open to joinder by any state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and, with the consent of Congress, the Government of Canada or any province thereof. This compact shall become effective with respect to any jurisdiction when the jurisdiction has enacted the same into law. Withdrawal from this compact shall be by the enactment of a statute repealing the same, but shall not take effect until two (2) years after the effective date of the statute and until written notice of the withdrawal has been given by the withdrawing state to the governor of each other party jurisdiction. Withdrawal of a party state shall not affect the rights, duties, and obligations under this compact of any sending agency with respect to a placement made prior to the effective date of withdrawal.

ARTICLE X. CONSTRUCTION AND SEVERABILITY

The provisions of this compact shall be liberally construed to effectuate the compact's purposes. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability of this compact to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability of this compact to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.

As added by P.L.145-2006, SEC.274.
Ind. Code § 31-19-25-3.5 — Indiana Code / Title 31 / Article 19 / Chapter 25 / Section 31-19-25-3.5
Sending copy of contact preference form to state registrar
Status: in_force

Sec. 3.5. The following persons shall send a copy of a contact preference form received by the person from a birth parent to the state registrar:

(1) The department.

(2) A local office.

(3) A licensed child placing agency.

(4) A professional health care provider.

(5) An attorney.

(6) A court.

As added by P.L.191-2011, SEC.44. Amended by P.L.128-2012, SEC.78; P.L.3-2016, SEC.15.
Ind. Code § 31-9-2.1-58 — Indiana Code / Title 31 / Article 9 / Chapter 2.1 / Section 31-9-2.1-58
"Conduct a criminal history check"
Status: in_force

Sec. 58. "Conduct a criminal history check", for purposes of IC 31-19, IC 31-26, IC 31-27, IC 31-28, IC 31-33, IC 31-34, IC 31-37, and IC 31-39-2-13.5, means to:

(1) request:

(A) the state police department to conduct a:

(i) fingerprint based criminal history background check of both national and state records data bases concerning a person who is at least eighteen (18) years of age in accordance with IC 10-13-3-27 and IC 10-13-3-39; or

(ii) national name based criminal history record check (as defined in IC 10-13-3-12.5) of a person who is at least eighteen (18) years of age as provided by IC 10-13-3-27.5; or

(B) if an individual has:

(i) a physical disability that prevents fingerprinting and a person approved by the department who is trained to take fingerprints or a qualified medical practitioner (as defined in section 196 of this chapter) verifies that the individual has a disabling condition that prevents fingerprinting; or

(ii) low quality fingerprints, as a result of age, occupation, or otherwise, that prevent fingerprint results from being obtained and the individual's fingerprints have been rejected the required number of times by automated fingerprint classification equipment or rejected by a person designated by the Indiana state police department to examine and classify fingerprints;

the state police department to conduct a national name based criminal history record check (as defined in IC 10-13-3-12.5) or request the state police department to release or allow inspection of a limited criminal history (as defined in IC 10-13-3-11) and the state police in every state the individual has resided in the past five (5) years to release or allow inspection of the state's criminal history;

(2) collect each substantiated report of child abuse or neglect reported in a jurisdiction where a probation officer, a caseworker, or the department of child services has reason to believe that a person who is fourteen (14) years of age or older, or a person for whom a fingerprint based criminal history background check is required under this title, resided within the previous five (5) years;

(3) conduct a check of the national sex offender registry maintained by the United States Department of Justice for all persons who are at least fourteen (14) years of age; and

(4) conduct a check of local criminal records in every jurisdiction where a person who is at least eighteen (18) years of age has resided within the previous five (5) years unless the department of child services or a court grants an exception to conducting this check.

As added by P.L.145-2026, SEC.161.
Ind. Code § 31-19-9-13 — Indiana Code / Title 31 / Article 19 / Chapter 9 / Section 31-19-9-13
Challenge of adoption or validity of implied consent by putative father; when precluded
Status: in_force

Sec. 13. A putative father whose consent to adoption is implied under this chapter or IC 31-19-5-18 is not entitled to challenge:

(1) the adoption; or

(2) the validity of the putative father's implied consent to the adoption.

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

As added by P.L.1-1997, SEC.11.
Ind. Code § 31-19-3-3 — Indiana Code / Title 31 / Article 19 / Chapter 3 / Section 31-19-3-3
Affidavit of service of actual notice
Status: in_force

Sec. 3. (a) Upon the filing of a petition for adoption:

(1) the licensed child placing agency sponsoring the adoption; or

(2) the attorney representing the prospective adoptive parents;

shall submit to the court an affidavit setting forth the circumstances surrounding the service of actual notice, including the time, if known, date, and manner in which the actual notice was provided.

(b) If notice is served upon the putative father under section 1(3) of this chapter:

(1) the licensed child placing agency sponsoring the adoption; or

(2) the attorney representing the prospective adoptive parents;

shall submit to the court an affidavit prepared by the attorney representing the mother of the child. An affidavit filed under this subsection must contain the same information as an affidavit filed under subsection (a).

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

As added by P.L.1-1997, SEC.11. Amended by P.L.197-1997, SEC.14; P.L.200-1999, SEC.11.
Ind. Code § 31-34-2-1 — Indiana Code / Title 31 / Article 34 / Chapter 2 / Section 31-34-2-1
Court order to take child into custody
Status: in_force

Sec. 1. A child may be taken into custody by a law enforcement officer under an order of the court.

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

As added by P.L.1-1997, SEC.17.
Ind. Code § 31-40-6-3 — Indiana Code / Title 31 / Article 40 / Chapter 6 / Section 31-40-6-3
Purpose of competitive grant program; use of grant funds; performance measures
Status: in_force

Sec. 3. (a) The purpose of the juvenile behavioral health competitive grant program is to support jurisdictions, particularly in rural areas, to evaluate a child's behavioral health needs and divert the child from formal court involvement and out-of-home placement into community or school based mental health treatment.

(b) Grant recipients shall use a validated mental health screening tool, and a full mental health assessment tool, if necessary, and may use the funds to conduct the following activities:

(1) Partnering with law enforcement to implement a program to divert a child from formal court proceedings.

(2) Creating crisis stabilization services and a mobile crisis unit.

(3) Providing comprehensive case management for a child or family in crisis.

(4) Identifying and strengthening community based intensive treatment and management services.

(5) Establishing telehealth services (as defined in IC 25-1-9.5-6) and programs.

(6) Supporting mental health evaluations, which include the use of telehealth services (as defined in IC 25-1-9.5-6).

(c) The Indiana criminal justice institute may consider those programs and activities identified for possible funding in the plan submitted to the commission by the oversight committee under IC 2-5-36-9.3(b), but may not rely exclusively on the plan in providing statewide funding under the program.

(d) The Indiana criminal justice institute shall adopt performance measures that apply to grantees under the program, taking into consideration the recommendations of the oversight committee.

As added by P.L.101-2022, SEC.32. Amended by P.L.201-2023, SEC.250; P.L.122-2025, SEC.10.
Ind. Code § 31-27-5-29 — Indiana Code / Title 31 / Article 27 / Chapter 5 / Section 31-27-5-29
Investigation of noncompliance; injunctions; corrective action plans; removal of children; informal meetings
Status: in_force

Sec. 29. (a) The department shall investigate a report of a licensed group home's noncompliance with this article and the rules adopted under this article. If there is reasonable cause to believe that noncompliance with this article and rules adopted under this article creates an imminent danger of serious bodily injury to a child or an imminent danger to the health of a child, the department shall report its findings to the attorney general and to the local office and the prosecuting attorney in the county where the group home is located.

(b) The attorney general or the department may do the following:

(1) Seek the issuance of a search warrant to assist in the investigation.

(2) File an action for injunctive relief to stop the operation of a group home if there is reasonable cause to believe that the group home's noncompliance with this article and the rules adopted under this article creates an imminent danger of serious bodily injury to a child or an imminent danger to the health of a child.

(c) The department may require a plan of corrective action for emergency protection of children described in subsection (b).

(d) The department may provide for the removal of children from a group home described in subsection (b).

(e) An opportunity for an informal meeting with the department shall be available after injunctive relief is ordered under subsection (b)(2).

As added by P.L.145-2006, SEC.273. Amended by P.L.128-2012, SEC.125.
Ind. Code § 31-16-15-2 — Indiana Code / Title 31 / Article 16 / Chapter 15 / Section 31-16-15-2
Lifting stay of implementation of income withholding order
Status: in_force

Sec. 2. A court shall lift a stay of implementation of an income withholding order granted under section 0.5(c) of this chapter upon occurrence of one (1) or more of the following:

(1) The obligor's support payment becomes delinquent.

(2) The obligor requests implementation of the income withholding order.

[Pre-1997 Recodification Citation: 31-2-10-7(b).]

As added by P.L.1-1997, SEC.8. Amended by P.L.103-2007, SEC.24.
Ind. Code § 31-19-26.5-11 — Indiana Code / Title 31 / Article 19 / Chapter 26.5 / Section 31-19-26.5-11
Priority for payments required by court orders
Status: in_force

Sec. 11. (a) Subject to sections 3 and 10.5 of this chapter, the department shall give priority to payments required by court orders for county adoption subsidies entered under IC 31-19-26 (before its repeal).

(b) The provisions of this chapter applicable to continuation, modification, or termination of adoption subsidy payments shall apply after January 1, 2009, to county adoption subsidy orders entered under IC 31-19-26 (before its repeal).

As added by P.L.146-2008, SEC.562. Amended by P.L.165-2021, SEC.188.
Ind. Code § 31-34-3-3 — Indiana Code / Title 31 / Article 34 / Chapter 3 / Section 31-34-3-3
Procedures for notice; custodial parent, guardian, or custodian believed to reside outside Indiana
Status: in_force

Sec. 3. If the custodial parent, guardian, or custodian is believed to reside outside Indiana, the department of child services shall send written notice by certified mail to the last known address of the noncustodial parent, guardian, or custodian on the same date that the child is taken into custody. However, if the child is not taken into custody on a business day, the department of child services shall send notice by certified mail on the next business day after the child is taken into custody.

[Pre-1997 Recodification Citation: 31-6-4-4.5(a) part.]

As added by P.L.1-1997, SEC.17. Amended by P.L.234-2005, SEC.174.
Ind. Code § 31-15-9.4-2 — Indiana Code / Title 31 / Article 15 / Chapter 9.4 / Section 31-15-9.4-2
Docketing; extension; report
Status: in_force

Sec. 2. When a case is ordered to mediation, the case shall be placed on the court docket for final hearing. The mediation process must be completed not later than sixty (60) days after the mediation order is entered. However, the sixty (60) day period may be extended by the court upon the court's own motion, upon agreement of the parties, or upon the recommendation of the mediator, but may not be extended beyond the date set for final hearing. Upon completion of the mediation process, the mediator shall promptly file the mediation report.

As added by P.L.199-1997, SEC.1.
Ind. Code § 31-9-2.1-5 — Indiana Code / Title 31 / Article 9 / Chapter 2.1 / Section 31-9-2.1-5
"Act of rape"
Status: in_force

Sec. 5. "Act of rape", for purposes of IC 31-35-3.5, means an act described in:

(1) IC 35-42-4-1;

(2) IC 35-42-4-3; or

(3) IC 35-42-4-9.

As added by P.L.145-2026, SEC.161.
Ind. Code § 31-19-5-3 — Indiana Code / Title 31 / Article 19 / Chapter 5 / Section 31-19-5-3
Purpose of registry
Status: in_force

Sec. 3. The registry's purpose is to determine the name and address of a father:

(1) whose name and address have not been disclosed by the mother of the child, on or before the date the mother executes a consent to the child's adoption, to:

(A) an attorney; or

(B) an agency;

that is arranging the adoption of the child; and

(2) who may have conceived a child for whom a petition for adoption has been or may be filed;

so that notice of the adoption may be provided to the putative father.

[Pre-1997 Recodification Citation: 31-3-1.5-7(a).]

As added by P.L.1-1997, SEC.11. Amended by P.L.1-2010, SEC.121.
Ind. Code § 31-16-15-28 — Indiana Code / Title 31 / Article 16 / Chapter 15 / Section 31-16-15-28
Full faith and credit
Status: in_force

Sec. 28. The courts and the Title IV-D agency shall give full faith and credit to income withholding orders that are issued in other states.

[Pre-1997 Recodification Citation: 31-2-10-23.]

As added by P.L.1-1997, SEC.8.
Ind. Code § 31-27-3-24 — Indiana Code / Title 31 / Article 27 / Chapter 3 / Section 31-27-3-24
Repealed
Status: repealed

As added by P.L.145-2006, SEC.273. Repealed by P.L.146-2006, SEC.60.
Ind. Code § 31-39-4-2 — Indiana Code / Title 31 / Article 39 / Chapter 4 / Section 31-39-4-2
Access to records by law enforcement officers
Status: in_force

Sec. 2. (a) The records of a law enforcement agency are available, without specific permission from the head of the agency, to a law enforcement officer acting within the scope of the officer's lawful duties.

(b) The law enforcement agency shall ensure that the records are accessible from the mobile terminal of a law enforcement officer, and are otherwise available to a law enforcement officer acting within the scope of the officer's duties in a timely manner.

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

As added by P.L.1-1997, SEC.22. Amended by P.L.77-2025, SEC.4.
Ind. Code § 31-15-1-1 — Indiana Code / Title 31 / Article 15 / Chapter 1 / Section 31-15-1-1
Construction and application of article
Status: in_force

Sec. 1. This article shall be construed and applied to promote the purposes and policies of this article.

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

As added by P.L.1-1997, SEC.7.
Ind. Code § 31-15-5-9 — Indiana Code / Title 31 / Article 15 / Chapter 5 / Section 31-15-5-9
Repealed
Status: repealed

[Pre-1997 Recodification Citation: 31-1-11.5-8.2(e) part.]

As added by P.L.1-1997, SEC.7. Repealed by P.L.133-2002, SEC.69.
Ind. Code § 31-28-5.8-8 — Indiana Code / Title 31 / Article 28 / Chapter 5.8 / Section 31-28-5.8-8
Closing collaborative care cases
Status: in_force

Sec. 8. (a) A court shall close a collaborative care case at the:

(1) expiration of the term of the collaborative care agreement; or

(2) termination of the collaborative care agreement as set forth in the agreement or by department rules.

(b) If the department terminates a collaborative care agreement before the expiration date without the concurrence of the older youth, the court may, upon the request of the older youth or a guardian ad litem or court appointed special advocate participating with the consent of the older youth under section 2 of this chapter:

(1) hold a hearing regarding the cause of the termination of the collaborative care agreement; and

(2) enter an order containing findings and conclusions regarding whether the department properly terminated the agreement for good cause.

As added by P.L.48-2012, SEC.34.
Ind. Code § 31-37-19-28 — Indiana Code / Title 31 / Article 37 / Chapter 19 / Section 31-37-19-28
Copy of dispositional decree of a Medicaid recipient child by court to division of family resources
Status: in_force

Sec. 28. (a) This section applies if a predispositional report indicates that a child receives Medicaid and a court places the child in:

(1) a juvenile detention facility; or

(2) a secure facility, not including a facility licensed as a child caring institution under IC 31-27.

(b) The court shall immediately provide a copy of the dispositional decree to the division of family resources.

As added by P.L.114-2009, SEC.3.
Ind. Code § 31-12-2-8 — Indiana Code / Title 31 / Article 12 / Chapter 2 / Section 31-12-2-8
Private counseling proceedings; confidential communications
Status: in_force

Sec. 8. (a) All counseling:

(1) proceedings;

(2) interviews; and

(3) conferences;

shall be held in private.

(b) All communications, verbal or written, and any record made as a result of the communications from the parties to the judge, the domestic relations counselor, or other person designated or recommended under this chapter in a counseling or conciliation proceeding:

(1) are considered to be made in confidence; and

(2) are not admissible and may not be used for any purpose in:

(A) any divorce or dissolution of marriage hearing; or

(B) any other proceeding.

[Pre-1997 Recodification Citation: 31-1-24-7.]

As added by P.L.1-1997, SEC.4.
Ind. Code § 31-34-1-15 — Indiana Code / Title 31 / Article 34 / Chapter 1 / Section 31-34-1-15
Effect of chapter on use of corporal punishment or religious practices
Status: in_force

Sec. 15. This chapter does not do any of the following:

(1) Limit the right of a parent, guardian, or custodian of a child to use reasonable corporal punishment when disciplining the child.

(2) Limit the lawful practice or teaching of religious beliefs.

[Pre-1997 Recodification Citation: 31-6-4-3(e).]

As added by P.L.1-1997, SEC.17.
Ind. Code § 31-27-4-4 — Indiana Code / Title 31 / Article 27 / Chapter 4 / Section 31-27-4-4-b
Consultation with department of homeland security
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. 4. The department of homeland security shall provide consultation regarding the licensure of foster family homes to the department upon request.

As added by P.L.145-2006, SEC.273. Amended by P.L.152-2026, SEC.473.
Ind. Code § 31-16-14-4 — Indiana Code / Title 31 / Article 16 / Chapter 14 / Section 31-16-14-4
Hearing; determination; order to pay money; judicial sale or lease; receivership
Status: in_force

Sec. 4. The court shall hold a hearing on the complaint and make a determination. If the court finds that the allegations in the complaint are true, the court may do any of the following:

(1) Order the defendant spouse to pay an amount that is just, equitable, and in the best interests of the dependent spouse and dependent children.

(2) Order the defendant spouse's real or personal property, or both, to be sold to the highest bidder on terms and upon notice as directed by the court.

(3) Order:

(A) the defendant spouse's real property or a part of the defendant spouse's real property to be leased; and

(B) the proceeds of the lease to be applied to the support of the dependent spouse and dependent children.

(4) Appoint a receiver of the defendant spouse's estate, require the receiver to take an oath and obtain a bond, and order the receiver to:

(A) reduce the estate to possession;

(B) collect the defendant spouse's rights, credits, and choses in action;

(C) manage, sell, mortgage, or lease the defendant spouse's real property; and

(D) sell the defendant spouse's personal property.

(5) Order other parties who are joined in the action under section 1(b) of this chapter to:

(A) pay indebtedness owed to the defendant spouse; or

(B) relinquish possession or control of the defendant spouse's rights, credits, and choses in action or other property;

to provide support for the dependent spouse and dependent children.

[Pre-1997 Recodification Citation: 31-7-11-4.]

As added by P.L.1-1997, SEC.8.
Ind. Code § 31-14-16-4 — Indiana Code / Title 31 / Article 14 / Chapter 16 / Section 31-14-16-4
Repealed
Status: repealed

[Pre-1997 Recodification Citation: 31-6-6.1-12.5(d) part.]

As added by P.L.1-1997, SEC.6. Repealed by P.L.133-2002, SEC.69.
Ind. Code § 31-19-26.5-6 — Indiana Code / Title 31 / Article 19 / Chapter 26.5 / Section 31-19-26.5-6
Additional payments under certain conditions
Status: in_force

Sec. 6. (a) In addition to the adoption subsidy payments determined under section 3 of this chapter, the department may make additional payments for medical or psychological care or treatment of the adoptive child if all the following conditions exist:

(1) The child is a child with special needs, based in whole or in part on a physical, a mental, an emotional, or a medical condition that:

(A) existed before the filing of the adoption petition; or

(B) is causally related to specific conditions that existed or events that occurred before the filing of the adoption petition;

as determined by a physician or psychologist licensed in Indiana.

(2) The child's adoptive parent has applied to the department, in the form and manner specified by the department, for assistance in payment of the cost of special services that the child needs to remedy or ameliorate the condition or conditions identified in subdivision (1).

(3) The department determines that:

(A) the services required are not and will not be covered by either:

(i) private health insurance available to the child or adoptive parent; or

(ii) the Medicaid program in Indiana or the state where the child currently resides; and

(B) payment of the cost of the required services without assistance will cause a significant financial burden and hardship to the adoptive family.

(4) Sufficient funds are available in the adoption assistance account to cover the cost of additional assistance provided under this section.

(b) A determination by the department under this section is not subject to administrative review or appeal, unless specifically authorized by rule of the department under section 12(4) of this chapter, but is subject to judicial review as provided in IC 4-21.5-5.

As added by P.L.146-2008, SEC.562.
Ind. Code § 31-9-2.1-24 — Indiana Code / Title 31 / Article 9 / Chapter 2.1 / Section 31-9-2.1-24
"Birth parent"
Status: in_force

Sec. 24. "Birth parent", for purposes of IC 31-19-17 through IC 31-19-25.5, means:

(1) the woman who is legally presumed under Indiana law to be the mother of biological origin of an adoptee;

(2) the man who is legally presumed under Indiana law to be the father of biological origin of an adoptee; or

(3) a man who establishes paternity of a child born out of wedlock:

(A) in a court proceeding; or

(B) by executing a paternity affidavit under IC 16-37-2-2.1.

As added by P.L.145-2026, SEC.161.
Ind. Code § 31-32-5-3 — Indiana Code / Title 31 / Article 32 / Chapter 5 / Section 31-32-5-3
Admissibility of excluded statement for impeachment purposes
Status: in_force

Sec. 3. If:

(1) a statement made knowingly and voluntarily cannot be admitted as evidence against a child because of failure to meet the requirements of section 1 of this chapter; and

(2) the child testifies in the child's own defense;

the statement may be admitted to impeach the child as a witness in the same manner as evidence of any other prior inconsistent statement can be admitted for impeachment.

[Pre-1997 Recodification Citation: 31-6-7-3(c).]

As added by P.L.1-1997, SEC.15.
Ind. Code § 31-31-9-11 — Indiana Code / Title 31 / Article 31 / Chapter 9 / Section 31-31-9-11
Expenses
Status: in_force

Sec. 11. All expenses for the operation of the juvenile detention center shall be paid out of the county general fund.

[Pre-1997 Recodification Citation: 31-6-9.5-6(f).]

As added by P.L.1-1997, SEC.14.
Ind. Code § 31-25-2-11.1 — Indiana Code / Title 31 / Article 25 / Chapter 2 / Section 31-25-2-11.1
Required direct in person contact
Status: in_force

Sec. 11.1. Subject to IC 31-33-8-7, the department shall have direct in-person contact with an alleged victim of child abuse or neglect not more than thirty (30) days before the department:

(1) concludes an assessment under IC 31-33; or

(2) dismisses or terminates a child in need of services case pending before a juvenile court.

As added by P.L.37-2026, SEC.1.
Ind. Code § 31-26-3.5-4 — Indiana Code / Title 31 / Article 26 / Chapter 3.5 / Section 31-26-3.5-4
Approval of program
Status: in_force

Sec. 4. A child welfare program must be approved by the director of the department or the director's designee. The director's approval shall specify the period for which operation of the program is approved and the procedure for submission of any request for continuation, extension, or modification of the approved program. The department may not pay for the costs of any programs that have not been approved by the director.

As added by P.L.146-2008, SEC.570.
Ind. Code § 31-33-8-16 — Indiana Code / Title 31 / Article 33 / Chapter 8 / Section 31-33-8-16
Voluntary service referral agreements
Status: in_force

Sec. 16. After an investigation by the department that a child is a child in need of services, but before petitioning the juvenile court for a dispositional decree or implementing a program of informal adjustment, the department may enter into a voluntary service referral agreement with the child's parent, guardian, or custodian. Under the terms of the agreement, the parent, guardian, or custodian shall successfully participate in and complete any family or rehabilitative services recommended by the department. If a person who enters into an agreement under this subsection fails to substantially carry out the terms of the agreement the department shall terminate the agreement. The department shall provide notice to the juvenile court of any voluntary service referral agreement entered into under this subsection.

As added by P.L.108-2019, SEC.239.
Ind. Code § 31-40-1-2 — Indiana Code / Title 31 / Article 40 / Chapter 1 / Section 31-40-1-2
Obligation of parent, guardian, or department for costs of services or return of child
Status: in_force

Sec. 2. (a) Except as otherwise provided in this section and subject to:

(1) this chapter; and

(2) any other provisions of IC 31-34, IC 31-37, or other applicable law relating to the particular program, activity, or service for which payment is made by or through the department;

the department shall pay the cost of any child services provided by or through the department for any child or the child's parent, guardian, or custodian.

(b) The department shall pay the cost of returning a child under IC 31-37-23 or IC 11-13-4.5-1.5.

(c) Except as provided under section 2.5 of this chapter, the department is not responsible for payment of any costs of secure detention.

(d) The department is not responsible for the payment of any costs or expenses for child services for a child placed in a child caring institution, a group home, or a private secure facility if the entity does not have an executed contract with the department, unless the child services to be provided by the entity are recommended or approved by the director of the department or the director's designee in writing prior to the placement.

(e) The department is not responsible for payment of any costs or expenses for housing or services provided to or for the benefit of a child placed by a juvenile court in a home or facility located outside Indiana, if the placement is not recommended or approved by the director of the department or the director's designee.

(f) If a county is responsible for the payment of:

(1) any costs or expenses of services for or the placement of a child in need of services; or

(2) the costs or expenses of services for or the placement of a delinquent child;

the court may order the parents to reimburse the county as set forth in section 3.8 of this chapter.

[Pre-1997 Recodification Citation: 31-6-4-18(b), (e) part.]

As added by P.L.1-1997, SEC.23. Amended by P.L.273-1999, SEC.119; P.L.146-2008, SEC.665; P.L.182-2009(ss), SEC.387; P.L.204-2011, SEC.3; P.L.48-2012, SEC.75.
Ind. Code § 31-31-1-1 — Indiana Code / Title 31 / Article 31 / Chapter 1 / Section 31-31-1-1
Appropriations
Status: in_force

Sec. 1. The county fiscal body shall appropriate sufficient money for the operation of the juvenile court.

[Pre-1997 Recodification Citation: 31-6-9-1.]

As added by P.L.1-1997, SEC.14.
Ind. Code § 31-16-12-8 — Indiana Code / Title 31 / Article 16 / Chapter 12 / Section 31-16-12-8
Suspension or denial of delinquent person's professional license
Status: in_force

Sec. 8. If a court finds that a person who is an applicant (as defined in IC 25-1-1.2-1), a practitioner (as defined in IC 25-1-1.2-6), an attorney, or a licensed teacher is delinquent (as defined in IC 31-25-4-2) as a result of an intentional violation of an order for support, the court shall issue an order to the board regulating the practice of the person's profession or occupation:

(1) requiring that the person's or practitioner's license be suspended until further order of the court; or

(2) ordering the board not to issue a license to the person who is the subject of the order if the person does not currently hold a license.

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

As added by P.L.1-1997, SEC.8. Amended by P.L.145-2006, SEC.235.
Ind. Code § 31-12-2-2 — Indiana Code / Title 31 / Article 12 / Chapter 2 / Section 31-12-2-2
Creation
Status: in_force

Sec. 2. For:

(1) any judicial circuit in which there is located a consolidated city, the judges described in section 1(1) of this chapter may establish a bureau of the courts; and

(2) a county having a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000), the judge of the circuit court may establish a bureau of the court;

known as the "Domestic Relations Counseling Bureau".

[Pre-1997 Recodification Citation: 31-1-24-2.]

As added by P.L.1-1997, SEC.4. Amended by P.L.11-2023, SEC.98.
Ind. Code § 31-11-4-12 — Indiana Code / Title 31 / Article 11 / Chapter 4 / Section 31-11-4-12
Refusal to issue marriage license; notice; hearing; finding; costs
Status: in_force

Sec. 12. (a) If it appears that two (2) individuals do not have a right to a marriage license, the clerk of the circuit court shall refuse to issue the license. If the clerk refuses to issue the license and if requested by the individuals, the clerk shall:

(1) certify the refusal to the circuit court; and

(2) notify the individuals of the clerk's actions.

(b) At the earliest practicable time, the court shall hold a hearing on whether a marriage license should be issued to the individuals. The court shall notify the individuals of the time and place of the hearing. The hearing shall be held without a jury and may be held in court or in chambers. The court's finding concerning the issuance of a license is final.

(c) The clerk of the circuit court shall:

(1) issue; or

(2) refuse to issue;

a marriage license in conformance with the court's order.

(d) The individuals who intend to marry are not liable for costs for any actions taken under this section.

[Pre-1997 Recodification Citation: 31-7-3-11.]

As added by P.L.1-1997, SEC.3.
Ind. Code § 31-19-8-6 — Indiana Code / Title 31 / Article 19 / Chapter 8 / Section 31-19-8-6
Contents of report
Status: in_force

Sec. 6. (a) The report required by section 5 of this chapter must, to the extent possible, include the following:

(1) The former environment and antecedents of the child.

(2) The fitness of the child for adoption.

(3) The suitability of the proposed home for the child.

(b) The report may not contain any of the following:

(1) Information concerning the financial condition of the prospective adoptive parents.

(2) A recommendation that a request for a subsidy be denied in whole or in part due to the financial condition of the prospective adoptive parents.

(c) The criminal history information required under IC 31-19-2-7.5 must accompany the report.

[Pre-1997 Recodification Citation: 31-3-1-4(e).]

As added by P.L.1-1997, SEC.11. Amended by P.L.200-1999, SEC.19; P.L.138-2007, SEC.41; P.L.131-2009, SEC.19; P.L.162-2011, SEC.14.
Ind. Code § 31-11-3-8 — Indiana Code / Title 31 / Article 11 / Chapter 3 / Section 31-11-3-8
Enforceability of agreement
Status: in_force

Sec. 8. (a) A premarital agreement is not enforceable if a party against whom enforcement is sought proves that:

(1) the party did not execute the agreement voluntarily; or

(2) the agreement was unconscionable when the agreement was executed.

(b) If:

(1) a provision of a premarital agreement modifies or eliminates spousal maintenance; and

(2) the modification or elimination causes one (1) party to the agreement extreme hardship under circumstances not reasonably foreseeable at the time of the execution of the agreement;

a court, notwithstanding the terms of the agreement, may require the other party to provide spousal maintenance to the extent necessary to avoid extreme hardship.

(c) A court shall decide an issue of unconscionability of a premarital agreement as a matter of law.

[Pre-1997 Recodification Citation: 31-7-2.5-8.]

As added by P.L.1-1997, SEC.3.
Ind. Code § 31-15-3-3 — Indiana Code / Title 31 / Article 15 / Chapter 3 / Section 31-15-3-3
Findings required for decree
Status: in_force

Sec. 3. Legal separation shall be decreed upon a finding by a court:

(1) that conditions in or circumstances of the marriage make it currently intolerable for both parties to live together; and

(2) that the marriage should be maintained.

[Pre-1997 Recodification Citation: 31-1-11.5-3(c) part.]

As added by P.L.1-1997, SEC.7.
Ind. Code § 31-19-12-3.5 — Indiana Code / Title 31 / Article 19 / Chapter 12 / Section 31-19-12-3.5
Processing a birth certificate; requirements
Status: in_force

Sec. 3.5. The Indiana department of health may not process a birth certificate with respect to a record for adoption that the Indiana department of health receives under this chapter unless the following has occurred regarding the adoption:

(1) The adoption history fee and the putative father registry fee have been paid to the Indiana department of health as required under IC 31-19-2-8.

(2) The report required to be prepared under IC 31-19-17-2 has been submitted to the Indiana department of health.

As added by P.L.113-2017, SEC.11. Amended by P.L.56-2023, SEC.285.
Ind. Code § 31-11-4-3 — Indiana Code / Title 31 / Article 11 / Chapter 4 / Section 31-11-4-3
County of residence or solemnization; place to obtain license
Status: in_force

Sec. 3. Individuals who intend to marry must obtain a marriage license from the clerk of the circuit court of the county of residence of either of the individuals. If neither of the individuals who intends to marry is a resident of Indiana, the individuals must obtain the marriage license from the clerk of the circuit court of the county in which the marriage is to be solemnized.

[Pre-1997 Recodification Citation: 31-7-3-2.]

As added by P.L.1-1997, SEC.3.
Ind. Code § 31-40-3-3 — Indiana Code / Title 31 / Article 40 / Chapter 3 / Section 31-40-3-3
Funds; disposition of unused money
Status: in_force

Sec. 3. Money remaining in the guardian ad litem fund or court appointed special advocate fund at the end of the county's fiscal year does not revert to any other fund but continues in the guardian ad litem fund or court appointed special advocate fund.

[Pre-1997 Recodification Citation: 31-6-4-18(i) part.]

As added by P.L.1-1997, SEC.23.
Ind. Code § 31-33-26-15 — Indiana Code / Title 31 / Article 33 / Chapter 26 / Section 31-33-26-15
Expungement and amendment of record procedures
Status: in_force

Sec. 15. (a) The department shall expunge a substantiated report contained within the index not later than ten (10) working days after any of the following occurs:

(1) A court having jurisdiction over a child in need of services proceeding determines that child abuse or neglect has not occurred.

(2) An administrative hearing officer under this chapter has issued a recommendation regarding a child abuse or neglect report and the ultimate authority of the department has issued a written final agency action determining that the report is unsubstantiated.

(3) A court having juvenile jurisdiction enters an order for expungement of the report under IC 31-33-27-5.

(b) The department shall amend a substantiated report contained in the index by deleting the name of an alleged perpetrator if:

(1) a court having jurisdiction over a child in need of services proceeding; or

(2) the ultimate authority of the department, after issuance of a recommendation by an administrative hearing officer under this chapter;

finds that the person was not a perpetrator of the child abuse or neglect that occurred.

As added by P.L.138-2007, SEC.67. Amended by P.L.131-2009, SEC.57; P.L.48-2012, SEC.55; P.L.13-2021, SEC.14.
Ind. Code § 31-9-2.1-120 — Indiana Code / Title 31 / Article 9 / Chapter 2.1 / Section 31-9-2.1-120
"Health care provider"
Status: in_force

Sec. 120. "Health care provider", for purposes of IC 31-32-6-4, IC 31-32-11-1, and IC 31-33, means any of the following:

(1) A licensed physician, intern, or resident.

(2) An osteopath.

(3) A chiropractor.

(4) A dentist.

(5) A podiatrist.

(6) A registered nurse or other licensed nurse.

(7) A mental health professional.

(8) A paramedic or an emergency medical technician.

(9) A social worker, an x-ray technician, or a laboratory technician employed by a hospital.

(10) A pharmacist.

(11) A person working under the direction of any of the practitioners listed in subdivisions (1) through (10).

As added by P.L.145-2026, SEC.161.
Ind. Code § 31-34-21-8 — Indiana Code / Title 31 / Article 34 / Chapter 21 / Section 31-34-21-8
Progress report required before formal hearing
Status: in_force

Sec. 8. Before a hearing under section 7 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.325; P.L.146-2008, SEC.609.
Ind. Code § 31-27-4-12 — Indiana Code / Title 31 / Article 27 / Chapter 4 / Section 31-27-4-12
Eligibility for waivers and variances
Status: in_force

Sec. 12. A foster family home may be eligible to receive a waiver or variance from the requirements of this chapter by complying with IC 31-27-2-8.

As added by P.L.145-2006, SEC.273.
Ind. Code § 31-16-20-7 — Indiana Code / Title 31 / Article 16 / Chapter 20 / Section 31-16-20-7
Application of chapter; multiple transfers
Status: in_force

Sec. 7. (a) This chapter applies to proceedings pending in:

(1) the court in which the dissolution was obtained; or

(2) any other court to which the proceedings have been transferred.

(b) Any number of transfers may be made, as the best interests of the children require.

[Pre-1997 Recodification Citation: 31-2-7-3.]

As added by P.L.1-1997, SEC.8.
Ind. Code § 31-9-2.1-128.7 — Indiana Code / Title 31 / Article 9 / Chapter 2.1 / Section 31-9-2.1-128.7
"Independent activity"
Status: in_force

Sec. 128.7. "Independent activity", for purposes of IC 31-34-1-1, includes any of the following when done by a child without the supervision of a parent, guardian, or custodian:

(1) Traveling on foot, by bicycle, or by public transportation.

(2) Playing outdoors.

(3) Remaining at home.

(4) Remaining in a stationary vehicle.

As added by P.L.145-2026, SEC.161.
Ind. Code § 31-21-6-6 — Indiana Code / Title 31 / Article 21 / Chapter 6 / Section 31-21-6-6
Enforcement of registered child custody determinations
Status: in_force

Sec. 6. (a) An Indiana court may grant a relief normally available under Indiana law to enforce a registered child custody determination made by a court of another state.

(b) An Indiana court shall recognize and enforce, but may not modify, except in accordance with IC 31-21-5, a registered child custody determination of a court of another state.

As added by P.L.138-2007, SEC.45.
Ind. Code § 31-26-4.5-9 — Indiana Code / Title 31 / Article 26 / Chapter 4.5 / Section 31-26-4.5-9
Establishment; nonprofit subsidiary corporation
Status: in_force

Sec. 9. The department may establish a nonprofit subsidiary corporation that is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code to solicit and accept private funding, gifts, donations, bequests, devises, and contributions.

As added by P.L.59-2022, SEC.2.
Ind. Code § 31-12-1-12 — Indiana Code / Title 31 / Article 12 / Chapter 1 / Section 31-12-1-12
Director of domestic relations counseling
Status: in_force

Sec. 12. The judge of a domestic relations court may appoint from among the domestic relations counselors one (1) counselor to act as director of domestic relations counseling. The director shall:

(1) be responsible for receiving all applications and assignments for counseling under the order of the court and assign the applications to domestic relations counselors for further counseling and proceedings under this chapter;

(2) cause reports to be made, statistics to be filed, and records to be kept as the judge of the domestic relations court directs; and

(3) act in a supervisory capacity to all other domestic relations counselors so that the counselors promptly and properly act upon all requests for counseling service.

[Pre-1997 Recodification Citation: 31-1-23-7.]

As added by P.L.1-1997, SEC.4.
Ind. Code § 31-34-1-10 — Indiana Code / Title 31 / Article 34 / Chapter 1 / Section 31-34-1-10
Child born with fetal alcohol syndrome, neonatal abstinence syndrome, or drugs in the child's body
Status: in_force

Sec. 10. Except as provided in sections 12 and 13 of this chapter, a child is a child in need of services if:

(1) the child is born with:

(A) fetal alcohol syndrome;

(B) neonatal abstinence syndrome; or

(C) any amount, including a trace amount, of a controlled substance, a legend drug, or a metabolite of a controlled substance or legend drug in the child's body, including the child's blood, urine, umbilical cord tissue, or meconium; and

(2) the child needs care, treatment, or rehabilitation that:

(A) the child is not receiving; or

(B) is unlikely to be provided or accepted without the coercive intervention of the court.

[Pre-1997 Recodification Citation: 31-6-4-3.1(a) part.]

As added by P.L.1-1997, SEC.17. Amended by P.L.183-2017, SEC.40; P.L.249-2017, SEC.1; P.L.243-2017, SEC.9.
Ind. Code § 31-36-1-3.5 — Indiana Code / Title 31 / Article 36 / Chapter 1 / Section 31-36-1-3.5
Information to the National Center for Missing and Exploited Children
Status: in_force

Sec. 3.5. (a) If the department receives a report concerning a missing child who is described in 42 U.S.C. 671(a)(9)(C)(i)(I), the department shall provide the following information to the National Center for Missing and Exploited Children:

(1) Within twenty-four (24) hours of receipt, a copy of the report received by the department.

(2) Any other information or documentation in the possession of the department concerning the missing child that the department determines may be relevant to the location and return of the missing child.

(b) If the department receives a report concerning a missing child who is not described in 42 U.S.C. 671(a)(9)(C)(i)(I), the department may provide a copy of any report received by the department that is relevant to the location of the child to the National Center for Missing and Exploited Children.

(c) If the department provides information to the National Center for Missing and Exploited Children as provided in subsection (a) or (b), the department shall also provide the following to the National Center for Missing and Exploited Children:

(1) A copy of any updated report provided to the department under IC 31-36-2-2.

(2) A copy of an assessment report completed by the department under IC 31-33-8.

(3) Any notification received by the department that the missing child has been located.

As added by P.L.183-2017, SEC.55. Amended by P.L.86-2018, SEC.223.
Ind. Code § 31-25-2-28 — Indiana Code / Title 31 / Article 25 / Chapter 2 / Section 31-25-2-28
Transfer of administration of child support bureau to department of state revenue; federal review; report
Status: in_force

Sec. 28. (a) Subject to federal approval, the department may enter into a written agreement with the department of state revenue to transfer the administration of the child support bureau established by IC 31-25-3 and all related duties to the department of state revenue.

(b) If the department receives federal approval and enters into a written agreement with the department of state revenue under subsection (a), the department shall submit a report detailing the agreement to the budget committee within thirty (30) days of entering into the agreement.

As added by P.L.213-2025, SEC.299.
Ind. Code § 31-37-3-5 — Indiana Code / Title 31 / Article 37 / Chapter 3 / Section 31-37-3-5
Cemeteries and other facilities to memorialize dead
Status: in_force

Sec. 5. A city, town, or county may:

(1) determine that a curfew time is necessary for the peace, order, and safety of a cemetery or other facility used to memorialize the dead; and

(2) by ordinance impose upon cemeteries or other facilities to memorialize the dead within the jurisdiction of the city, town, or county legislative body a curfew time that is earlier than the curfew times established by sections 2 and 3 of this chapter by not more than four (4) hours.

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

As added by P.L.1-1997, SEC.20.
Ind. Code § 31-25-4-31 — Indiana Code / Title 31 / Article 25 / Chapter 4 / Section 31-25-4-31
Data match system with financial institutions to block account with child support lien
Status: in_force

Sec. 31. (a) The bureau shall operate a data match system with each financial institution doing business in Indiana.

(b) Each financial institution doing business in Indiana shall provide information to the bureau on all noncustodial parents who:

(1) hold one (1) or more accounts with the financial institution; and

(2) are delinquent.

(c) In order to provide the information required under subsection (b), a financial institution shall either:

(1) identify noncustodial parents by comparing records maintained by the financial institution with records provided by the bureau by:

(A) name; and

(B) either Social Security number or tax identification number; or

(2) submit to the bureau a report, in a form satisfactory to the bureau, that includes the Social Security number or tax identification number of each individual maintaining an account at the financial institution. The reports submitted under this subdivision must be accessible to:

(A) the department of state revenue established by IC 6-8.1-2-1 or its agents for use only in tax judgment and levy administration described in IC 6-8.1-8-8.7(b)(2); or

(B) the department of workforce development established by IC 22-4.1-2-1 or its agents for use only in the collection of unpaid final assessments described in IC 22-4-29-14(b)(2).

(d) The information required under subsection (b) must:

(1) be provided on a quarterly basis; and

(2) include the:

(A) name;

(B) address of record; and

(C) either the Social Security number or tax identification number;

of an individual identified under subsection (b).

(e) When the bureau has determined that the information required under subsection (d)(2) is identical for an individual who holds an account with a financial institution and an individual whose name appears on the quarterly list prepared by the bureau under section 30 of this chapter, the bureau shall provide a notice of the match if action is to be initiated to block or encumber the account by establishing a lien for child support payment to the:

(1) individual; and

(2) financial institution holding the account.

(f) The notice under section (e) must inform the individual that:

(1) the individual's account in a financial institution is subject to a child support lien; and

(2) the individual may file an appeal with the bureau within twenty (20) days after the date the notice was issued.

(g) The bureau shall hold a hearing under 465 IAC 3-3. The department's final action following a hearing held under this subsection is subject to judicial review as provided in 465 IAC 3-3.

(h) The state's lien on assets under this section is subordinate to any prior lien perfected by:

(1) a financial institution; or

(2) another legitimate lien holder.

(i) A lien issued under this section remains in effect until the earliest of:

(1) one hundred twenty (120) days after issuance;

(2) the date the asset on which the lien is issued is surrendered; or

(3) the date the lien is released by an action of the bureau.

(j) This section does not preclude a financial institution from exercising its right to:

(1) charge back or recoup a deposit to an account; or

(2) set off from an account held by the financial institution in which the noncustodial parent has an interest in any debts owed to the financial institution that existed before:

(A) the state's lien; and

(B) notification to the financial institution of the child support delinquency.

(k) A financial institution ordered to block or encumber an account under this section is entitled to collect its normally scheduled account activity fees to maintain the account during the period the account is blocked or encumbered.

(l) All information provided by a financial institution under this section is confidential and is available only to the bureau or its agents for use only in child support enforcement activities.

(m) A financial institution providing information required under this section is not liable for:

(1) disclosing the required information to the bureau, the department of state revenue established by IC 6-8.1-2-1, or the department of workforce development established by IC 22-4.1-2-1;

(2) blocking or surrendering any of an individual's assets in response to a lien imposed by:

(A) the bureau under this section; or

(B) a person or entity acting on behalf of the bureau; or

(3) any other action taken in good faith to comply with this section.

(n) The department shall pay a financial institution performing the data match required by this section a reasonable fee for providing the service that does not exceed the actual cost incurred by the financial institution.

(o) This section does not prevent the bureau or its agents from encumbering an obligor's account with a financial institution by any other remedy available for the enforcement of a child support order.

As added by P.L.145-2006, SEC.271. Amended by P.L.103-2007, SEC.47; P.L.138-2008, SEC.7; P.L.123-2014, SEC.10.
Ind. Code § 31-26-4-12 — Indiana Code / Title 31 / Article 26 / Chapter 4 / Section 31-26-4-12
Indiana kids first trust fund
Status: in_force

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

Sec. 12. (a) The Indiana kids first trust fund is established to carry out the purposes of this chapter.

(b) The fund consists of the following:

(1) Appropriations made by the general assembly.

(2) Interest as provided in subsection (e).

(3) Fees from kids first trust license plates issued under IC 9-18-30 (before its expiration) or IC 9-18.5-14.

(4) Money donated to the fund, including donations from a nonprofit subsidiary corporation established under section 17 of this chapter.

(5) Money transferred to the fund from other funds.

(c) The treasurer of state shall administer the fund.

(d) The expenses of administering the fund and this chapter shall be paid from the fund.

(e) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public trust funds are invested. Interest that accrues from these investments shall be deposited in the fund.

(f) An appropriation made by the general assembly to the fund shall be allotted and allocated at the beginning of the fiscal period for which the appropriation was made.

(g) Money in the fund at the end of a state fiscal year does not revert to the state general fund or any other fund.

(h) Subject to this chapter, there is annually appropriated to the department all money in the fund for the purposes of this chapter. However, the department may not request the allotment of money from the appropriation for a project that has not been approved and recommended by the board.

As added by P.L.145-2006, SEC.272. Amended by P.L.198-2016, SEC.660; P.L.93-2021, SEC.4.
Ind. Code § 31-40-6-0.1 — Indiana Code / Title 31 / Article 40 / Chapter 6 / Section 31-40-6-0.1
"Commission"
Status: in_force

Sec. 0.1. As used in this chapter, "commission" means the commission on improving the status of children in Indiana established by IC 2-5-36-3.

As added by P.L.201-2023, SEC.245.
Ind. Code § 31-16-6.4-1 — Indiana Code / Title 31 / Article 16 / Chapter 6.4 / Section 31-16-6.4-1
Factors in determination
Status: in_force

Sec. 1. Whenever the court issues an order under this article, other than an ex parte order, the court shall determine whether the proceeding should be referred to mediation. In making this determination, the court shall consider:

(1) the ability of the parties to pay for the mediation services; and

(2) whether mediation is appropriate in helping the parties resolve their disputes.

As added by P.L.199-1997, SEC.2.
Ind. Code § 31-34-21-5.5 — Indiana Code / Title 31 / Article 34 / Chapter 21 / Section 31-34-21-5.5
Reasonable efforts to preserve and reunify families
Status: in_force

Sec. 5.5. (a) In determining the extent to which reasonable efforts to reunify or preserve a family are appropriate under this chapter, the child's health, welfare, and safety are of paramount concern.

(b) Except as provided in section 5.6 of this chapter, the department shall make reasonable efforts to preserve and reunify families as follows:

(1) If a child has not been removed from the child's home, to prevent or eliminate the need for removing the child from the child's home.

(2) If a child has been removed from the child's home, to make it possible for the child to return safely to the child's home as soon as possible.

(c) The department may, before reunification of the child with a parent, guardian, or custodian, conduct a criminal history check (as defined in IC 31-9-2.1-58) of:

(1) the child's:

(A) parent;

(B) guardian; or

(C) custodian; and

(2) any household member of the:

(A) parent;

(B) guardian; or

(C) custodian.

(d) The department shall:

(1) use the results of a criminal history check conducted under subsection (c) to decide whether it is safe for the child to return home; and

(2) provide the results of the criminal history check to the court.

As added by P.L.35-1998, SEC.12. Amended by P.L.1-1999, SEC.62; P.L.145-2006, SEC.319; P.L.48-2012, SEC.64; P.L.179-2025, SEC.19; P.L.145-2026, SEC.208.
Ind. Code § 31-37-17-7 — Indiana Code / Title 31 / Article 37 / Chapter 17 / Section 31-37-17-7
Victim notification
Status: in_force

Sec. 7. (a) This section shall not be construed to limit victim's rights granted by IC 35-40 or any other law.

(b) In the case of a child who commits a delinquent act that would be a sex offense (as defined in IC 11-13-6-5.5(b)) if the child were an adult, the person preparing the predispositional report under section 1 of this chapter shall, before the predispositional report is prepared, notify each victim (as defined in IC 11-13-6-5.5) in the proceeding of the victim's rights under IC 11-13-6-5.5 and the procedures related to the exercises of those rights.

As added by P.L.77-2001, SEC.2.
Ind. Code § 31-34-15-4 — Indiana Code / Title 31 / Article 34 / Chapter 15 / Section 31-34-15-4
Form; contents
Status: in_force

Sec. 4. A child's case plan must be set out in a form prescribed by the department that meets the specifications set by 45 CFR 1356.21. The case plan must include a description and discussion of the following:

(1) A permanent plan, or two (2) permanent plans if concurrent planning, for the child and an estimated date for achieving the goal of the plan or plans.

(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 recommended. If an out-of-home placement is appropriate, the local office or department shall consider whether a child in need of services should be placed with the child's suitable and willing blood or adoptive relative caretaker, including a grandparent, an aunt, an uncle, or an adult sibling, 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) If the parent of a child is incarcerated:

(A) the services and treatment available to the parent at the facility at which the parent is incarcerated; and

(B) how the parent and the child may be afforded visitation opportunities, unless visitation with the parent is not in the best interests of the child.

(8) 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;

(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, 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; and

(C) child's school has been invited, by the department, to provide information and participate in the case plan process. The school may be invited through its principal or other representative identified by law.

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

(10) 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.

(11) Any efforts made by the department to enable the child's school to provide appropriate support to and protect the safety of the child, if, in developing the case plan, the department coordinates with officials in the child's school to enable the school to provide appropriate support to and protect the safety of the child.

[Pre-1997 Recodification Citation: 31-6-4-6.6(c).]

As added by P.L.1-1997, SEC.17. Amended by P.L.145-2006, SEC.303; P.L.131-2009, SEC.64; P.L.128-2012, SEC.161; P.L.104-2015, SEC.37; P.L.183-2017, SEC.46; P.L.105-2018, SEC.1; P.L.258-2019, SEC.1; P.L.213-2021, SEC.3.
Ind. Code § 31-34-14-7 — Indiana Code / Title 31 / Article 34 / Chapter 14 / Section 31-34-14-7
Persons who may question child
Status: in_force

Sec. 7. If the court makes an order under section 2 or 3 of this chapter, only the following persons may question the child:

(1) The attorney for the department.

(2) The attorneys for the parties.

(3) The judge.

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

As added by P.L.1-1997, SEC.17. Amended by P.L.145-2006, SEC.301; P.L.146-2008, SEC.594.
Ind. Code § 31-32-5-7 — Indiana Code / Title 31 / Article 32 / Chapter 5 / Section 31-32-5-7
Waiver of right of parent, guardian, or custodian to be present at hearing concerning child
Status: in_force

Sec. 7. The right of a parent, guardian, or custodian to be present at any hearing concerning the person's child is waived by the person's failure to appear after lawful notice.

[Pre-1997 Recodification Citation: 31-6-7-3(g).]

As added by P.L.1-1997, SEC.15.
Ind. Code § 31-33-26-17 — Indiana Code / Title 31 / Article 33 / Chapter 26 / Section 31-33-26-17
Name changes
Status: in_force

Sec. 17. (a) If a court grants a name change under IC 34-28-2 (or IC 34-4-6 before its repeal) to a person:

(1) against whom an allegation of child abuse or neglect has been substantiated; and

(2) whose name is maintained within the index in accordance with this chapter;

the person must notify the department regarding the name change not more than ten (10) business days after the court enters a decree changing the person's name.

(b) The notice under subsection (a) must include a copy of the decree of the court that changes the name of the person, certified under the seal of the clerk of court.

As added by P.L.138-2007, SEC.67.
Ind. Code § 31-28-5.8-4 — Indiana Code / Title 31 / Article 28 / Chapter 5.8 / Section 31-28-5.8-4
"Older youth"
Status: in_force

Sec. 4. As used in this chapter, "older youth" means an individual who is at least eighteen (18) years of age but less than twenty-one (21) years of age.

As added by P.L.48-2012, SEC.34. Amended by P.L.13-2013, SEC.78; P.L.198-2019, SEC.4.
Ind. Code § 31-17-2-11 — Indiana Code / Title 31 / Article 17 / Chapter 2 / Section 31-17-2-11
Temporary custodian
Status: in_force

Sec. 11. (a) If, in a proceeding for custody or modification of custody under IC 31-15, this chapter, IC 31-17-4, IC 31-17-6, or IC 31-17-7, the court:

(1) requires supervision during the noncustodial parent's parenting time privileges; or

(2) suspends the noncustodial parent's parenting time privileges;

the court shall enter a conditional order naming a temporary custodian for the child.

(b) A temporary custodian named by the court under this section receives temporary custody of a child upon the death of the child's custodial parent.

(c) Upon the death of a custodial parent, a temporary custodian named by a court under this section may petition the court having probate jurisdiction over the estate of the child's custodial parent for an order under IC 29-3-3-6 naming the temporary custodian as the temporary guardian of the child.

[Pre-1997 Recodification Citation: 31-1-11.5-27.]

As added by P.L.1-1997, SEC.9. Amended by P.L.68-2005, SEC.33.
Ind. Code § 31-18.5-7-9 — Indiana Code / Title 31 / Article 18.5 / Chapter 7 / Section 31-18.5-7-9
Partial enforcement
Status: in_force

Sec. 9. If an Indiana tribunal does not recognize and enforce a Convention support order in its entirety, it shall enforce any severable part of the order. An application or direct request may seek recognition and partial enforcement of a Convention support order.

As added by P.L.206-2015, SEC.53.
Ind. Code § 31-26-4.5-2 — Indiana Code / Title 31 / Article 26 / Chapter 4.5 / Section 31-26-4.5-2
Repealed
Status: repealed

As added by P.L.59-2022, SEC.2. Repealed by P.L.46-2024, SEC.9.
Ind. Code § 31-9-2.1-43 — Indiana Code / Title 31 / Article 9 / Chapter 2.1 / Section 31-9-2.1-43
"Child custody determination"
Status: in_force

Sec. 43. "Child custody determination", for purposes of the Uniform Child Custody Jurisdiction Act under IC 31-21, has the meaning set forth in IC 31-21-2-4.

As added by P.L.145-2026, SEC.161.
Ind. Code § 31-27-4.5-3 — Indiana Code / Title 31 / Article 27 / Chapter 4.5 / Section 31-27-4.5-3
Department's duty to provide informational packet; required contents; delivery of packet
Status: in_force

Sec. 3. (a) The department shall provide a licensed foster parent a packet containing the following information:

(1) The foster parent's rights, including the relevant statutes.

(2) The grievance filing process with clear instructions and contact information.

(3) A complete copy of the department's policy manual.

(b) The packet described in subsection (a) must be provided to the licensed foster parent in an electronic format unless the foster parent is unable to receive the packet in an electronic format.

(c) The department shall deliver the packet described in subsection (a):

(1) immediately to all currently licensed foster parents; and

(2) upon licensure for all future foster parents.

As added by P.L.244-2023, SEC.7.
Ind. Code § 31-42-1-2 — Indiana Code / Title 31 / Article 42 / Chapter 1 / Section 31-42-1-2
Governmental entity prohibited from substantially burdening parental rights
Status: in_force

Sec. 2. A governmental entity may not substantially burden a parent's fundamental right to direct the:

(1) upbringing;

(2) religious instruction;

(3) education; or

(4) health care;

of the parent's child, unless the burden, as applied to the parent and the child, is required to advance a compelling governmental interest and is the least restrictive means of advancing the governmental interest.

As added by P.L.101-2025, SEC.7.
Ind. Code § 31-33-11-1 — Indiana Code / Title 31 / Article 33 / Chapter 11 / Section 31-33-11-1
Conditions for release of child under investigation for abuse or neglect; expenses of extended hospital stay
Status: in_force

Sec. 1. (a) Whenever:

(1) a child is subject to assessment by the department for reported child abuse or neglect;

(2) the child is a patient in a hospital; and

(3) the hospital has reported or has been informed of the report and assessment;

the hospital may not release the child to the child's parent, guardian, custodian, or to a court approved placement until the hospital receives authorization or a copy of a court order from the department indicating that the child may be released to the child's parent, guardian, custodian, or court approved placement.

(b) If the authorization that is granted under this section is verbal, the department shall send a letter to the hospital confirming that the department has granted authorization for the child's release.

(c) The individual or third party payor responsible financially for the hospital stay of the child remains responsible for any extended stay under this section. If no party is responsible for the extended stay, the department shall pay the expenses of the extended hospital stay.

[Pre-1997 Recodification Citation: 31-6-11-6.5.]

As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005, SEC.133; P.L.131-2009, SEC.51.
Ind. Code § 31-19-25-17 — Indiana Code / Title 31 / Article 19 / Chapter 25 / Section 31-19-25-17
Deceased adoptee or birth parent; release of identifying information
Status: in_force

Sec. 17. (a) If, upon searching the death certificates under section 16 of this chapter, the state registrar finds that an adoptee or a birth parent is deceased, the state registrar shall:

(1) inform the individual requesting the release of the identifying information under section 2 of this chapter of the death; and

(2) release the identifying information if additional consent is not required by this chapter.

(b) The state registrar may not release identifying information under subsection (a) concerning:

(1) a birth parent or adoptee if additional consent is required by this chapter; or

(2) a birth parent if a contact preference form submitted by the birth parent that evidences the birth parent's lack of consent to the release of identifying information specifically states that the contact preference form remains in effect after the birth parent's death.

As added by P.L.191-2011, SEC.49. Amended by P.L.3-2016, SEC.25.
Ind. Code § 31-9-2-21.5 — Indiana Code / Title 31 / Article 9 / Chapter 2 / Section 31-9-2-21.5-b
"Commission"
Status: repealed

Revisor's Note: P.L.145-2026 repealed IC 31-9-2 and relocated the chapter to IC 31-9-2.1, effective July 1, 2026.

Note: This version of section added by P.L.152-2026, SEC.451, effective 7-1-2027. See also preceding repeal of this chapter by P.L.145-2026, SEC.160.

Sec. 21.5. "Commission", for purposes of IC 31-26-4, has the meaning set forth in IC 31-26-4-2.1.

As added by P.L.152-2026, SEC.451.
Ind. Code § 31-21-5-1 — Indiana Code / Title 31 / Article 21 / Chapter 5 / Section 31-21-5-1
Jurisdiction requirements
Status: in_force

Sec. 1. (a) Except as otherwise provided in section 4 of this chapter, an Indiana court has jurisdiction to make an initial child custody determination only if one (1) of the following applies:

(1) Indiana is the home state of the child on the date of the commencement of the proceeding or was the home state of the child within six (6) months before the commencement of the proceeding, and the child is absent from Indiana but a parent or person acting as a parent continues to live in Indiana.

(2) A court of another state does not have jurisdiction under subdivision (1) or a court of the home state of the child has declined to exercise jurisdiction on the ground that Indiana is the more appropriate forum under section 8 or 9 of this chapter, and:

(A) the child and the child's parents, or the child and at least one (1) parent or person acting as a parent, have a significant connection with Indiana other than mere physical presence; and

(B) substantial evidence is available in Indiana concerning the child's care, protection, training, and personal relationships.

(3) All courts having jurisdiction under subdivision (1) or (2) have declined to exercise jurisdiction on the ground that an Indiana court is the more appropriate forum to determine the custody of the child under section 8 or 9 of this chapter.

(4) No court of any other state would have jurisdiction under the criteria specified in subdivision (1), (2), or (3).

(b) The jurisdictional requirements described in this section provide the exclusive jurisdictional basis for making a child custody determination by an Indiana court.

(c) Physical presence of, or personal jurisdiction over, a party or a child is not necessary or sufficient to make a child custody determination.

As added by P.L.138-2007, SEC.45.
Ind. Code § 31-37-22-1 — Indiana Code / Title 31 / Article 37 / Chapter 22 / Section 31-37-22-1
Motion for modification
Status: in_force

Sec. 1. (a) While the juvenile court retains jurisdiction under IC 31-30-2, the juvenile court may modify any dispositional decree:

(1) upon the juvenile court's own motion;

(2) upon the motion of:

(A) the child;

(B) the child's parent, guardian, custodian, or guardian ad litem;

(C) the probation officer; or

(D) the prosecuting attorney; or

(3) upon the motion of any person providing services to the child or to the child's parent, guardian, or custodian under a decree of the court.

(b) Upon receipt of a motion under section 11 of this chapter, the juvenile court shall reinstate its jurisdiction to conduct a hearing and issue an appropriate order in accordance with section 11 of this chapter.

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

As added by P.L.1-1997, SEC.20. Amended by P.L.145-2006, SEC.352; P.L.146-2008, SEC.659; P.L.86-2017, SEC.5.
Ind. Code § 31-30-4-4 — Indiana Code / Title 31 / Article 30 / Chapter 4 / Section 31-30-4-4
Reclassification of offender in a juvenile facility; transfer to adult facility
Status: in_force

Sec. 4. (a) The department of correction may reclassify an offender placed in a juvenile facility under section 2(b) of this chapter and transfer the offender to an appropriate adult facility if the department determines that placement of the offender in any juvenile facility of the division of youth services is no longer appropriate.

(b) If the department of correction reclassifies and transfers an offender under this section:

(1) the department shall notify the sentencing court of the circumstances of the reclassification and transfer; and

(2) the sentencing court:

(A) shall hold a review hearing concerning the reclassification and transfer of the offender; and

(B) after the hearing is conducted under clause (A), may order execution of all or part of the offender's suspended criminal sentence in an adult facility of the department of correction.

As added by P.L.104-2013, SEC.1.
Ind. Code § 31-19-2.5-3 — Indiana Code / Title 31 / Article 19 / Chapter 2.5 / Section 31-19-2.5-3
Required notice
Status: in_force

Sec. 3. (a) Except as provided in section 4 of this chapter, notice must be given to:

(1) a person whose consent to adoption is required under IC 31-19-9-1;

(2) a putative father who is entitled to notice under IC 31-19-4;

(3) a grandparent described in IC 31-19-4.5-1(3) of a child sought to be adopted;

(4) a licensed child placing agency of which the child is a ward;

(5) if the child is the subject of an open or pending child in need of services proceeding under IC 31-34, the local office of the department of child services in the county in which the child in need of services proceeding was filed; and

(6) if the child is a subject of an open or pending juvenile delinquency proceeding under IC 31-37, the entity, facility, or individual of which the child is a ward.

(b) Proof of notice to those under subsection (a) shall be filed with the court in the adoption proceeding before the final adoption hearing can be scheduled.

(c) Failure to provide notice under this section shall require setting aside the adoption decree if challenged by an entity or individual who did not receive notice as required by this section. An adoption decree may be challenged under this subsection for a period of not more than forty-five (45) days after the date the adoption decree is entered.

(d) If notice is provided to the local office of the department of child services under subsection (a)(5), the local office of the department of child services shall provide notice to the court in which the child in need of services proceeding is open or pending. Notice under this subsection:

(1) is solely for the purpose of allowing the court to notify the parties:

(A) that an adoption petition has been filed; and

(B) of the cause number and name of the petitioner for the adoption petition; and

(2) must be provided to the court not later than seven (7) business days after the local office of the department of child services receives notice under subsection (a)(5).

As added by P.L.61-2003, SEC.4. Amended by P.L.97-2004, SEC.108; P.L.1-2007, SEC.195; P.L.128-2012, SEC.47; P.L.16-2017, SEC.2; P.L.190-2017, SEC.2; P.L.203-2021, SEC.5; P.L.116-2026, SEC.1.
Ind. Code § 31-25-6-1 — Indiana Code / Title 31 / Article 25 / Chapter 6 / Section 31-25-6-1
Implementation of telephone contacts
Status: in_force

Sec. 1. The department shall implement and make available telephone contacts for family case managers for the purpose of providing access to assistance in finding placement with a relative, foster placement, or other suitable placement for a child.

As added by P.L.210-2019, SEC.5.
Ind. Code § 31-11-0.1-2 — Indiana Code / Title 31 / Article 11 / Chapter 0.1 / Section 31-11-0.1-2
P.L.180-1986 intended to be codification and restatement; no effect on rights, liabilities, penalties, violations, or proceedings before March 4, 1986
Status: repealed

Sec. 2. (a) P.L.180-1986 is intended to be a codification and restatement of applicable or corresponding provisions of the repealed statutes. If P.L.180-1986 repeals and replaces a provision in the same form or in a restated form, the substantive operation and effect of that provision continue uninterrupted.

(b) P.L.180-1986 does not affect any:

(1) rights or liabilities accrued;

(2) penalties incurred;

(3) violations committed; or

(4) proceedings begun;

before March 4, 1986. Those rights, liabilities, penalties, offenses, and proceedings continue and shall be imposed and enforced under prior law as if P.L.180-1986 had not been enacted.

As added by P.L.220-2011, SEC.488.
Ind. Code § 31-25-2-7.5 — Indiana Code / Title 31 / Article 25 / Chapter 2 / Section 31-25-2-7.5
Remote child and family services
Status: in_force

Sec. 7.5. (a) The department shall before October 1, 2021, establish policies and procedures to allow for child and family services to be provided remotely by October 1, 2021. Subject to subsection (b), these policies and procedures must allow a child and family services provider the discretion to initiate a consultation with the department for any child and family services the provider believes should be provided remotely. The child and family services provider and the child's case manager may take into consideration the following when determining whether remote child and family services are appropriate:

(1) The child's:

(A) CANS assessment;

(B) case plan; and

(C) safety plan.

(2) The child's and family's:

(A) initial safety assessment;

(B) initial family risk assessment; and

(C) preferences regarding the manner of receiving services.

(3) Federal reimbursement requirements.

(4) Evidence based practice requirements.

(b) A child and family services provider's first meeting with a family, or with a child who lives with the child's family, must be conducted in person unless a declared health emergency makes an in person meeting unsafe. After a child and family services provider's first meeting with a family or with a child who lives with the child's family, or for purposes of providing services to a child who does not live with the child's family, a child and family services provider has the discretion to provide services to the child or family remotely for up to fourteen (14) days after the initial request for consultation if providing services remotely is in the best interests of the child and family, unless:

(1) a decision is reached on the use of remote services at a child and family team meeting less than fourteen (14) days after the request for consultation; or

(2) the department communicates to the child, family, and service provider a preliminary determination as to the role of remote services pending the child and family team meeting.

The child and family services provider shall continue to meet with the child and family in person at least once a week as the department deems necessary.

As added by P.L.144-2021, SEC.1.
Ind. Code § 31-25-4-23 — Indiana Code / Title 31 / Article 25 / Chapter 4 / Section 31-25-4-23
Title IV-D agency; incentive payments; distribution from county treasury
Status: in_force

Sec. 23. (a) Subject to subsection (d), the Title IV-D agency shall provide incentive payments to counties for enforcing and collecting the support rights that have been assigned to the state. The incentive payments shall be made by the Title IV-D agency directly to the county and deposited in the county treasury for distribution on a quarterly basis and in the following manner:

(1) Twenty-two and two-tenths percent (22.2%) of the incentive payments shall be distributed to the Title IV-D incentive fund established in accordance with section 23.5 of this chapter by each county that receives payments under this subdivision.

(2) Thirty-three and four-tenths percent (33.4%) of the incentive payments shall be distributed to the operating budget of the prosecuting attorney.

(3) Twenty-two and two-tenths percent (22.2%) of the incentive payments shall be distributed to the operating budget of the circuit court clerk.

(b) Notwithstanding IC 36-2-5-2(b), distribution from the county treasury under subsection (a) shall be made without the necessity of first obtaining an appropriation from the county fiscal body.

(c) The amount that a county receives and the terms under which the incentive payment is paid must be in accordance with relevant federal statutes and the federal regulations promulgated under the statutes. However, amounts received as incentive payments may not, without the approval of the county fiscal body, be used to increase or supplement the salary of an elected official. The amounts received as incentive payments must be used to supplement, rather than take the place of, other funds used for Title IV-D program activities.

(d) The Title IV-D agency shall retain twenty-two and two-tenths percent (22.2%) of the incentive payments described in subsection (a).

As added by P.L.145-2006, SEC.271. Amended by P.L.146-2006, SEC.23; P.L.1-2007, SEC.198; P.L.162-2011, SEC.20.
Ind. Code § 31-27-5-1 — Indiana Code / Title 31 / Article 27 / Chapter 5 / Section 31-27-5-1
Group home operation; necessity for license; number of children and location of home
Status: in_force

Sec. 1. (a) A person may not operate a group home without a license issued under this article.

(b) The state or a political subdivision of the state may not operate a group home without a license issued under this article.

(c) A person may not operate a group home if:

(1) the number of children maintained on the premises at any one (1) time is greater than the number authorized by the license; or

(2) the children are maintained in a building or place not designated by the license.

As added by P.L.145-2006, SEC.273.
Ind. Code § 31-21-2-12 — Indiana Code / Title 31 / Article 21 / Chapter 2 / Section 31-21-2-12
"Modification"
Status: in_force

Sec. 12. "Modification" means a child custody determination that changes, replaces, supersedes, or is otherwise made after a previous determination concerning the same child, regardless of whether the determination is made by the court that made the previous determination.

As added by P.L.138-2007, SEC.45.
Ind. Code § 31-9-2.1-25 — Indiana Code / Title 31 / Article 9 / Chapter 2.1 / Section 31-9-2.1-25
"Blind"
Status: in_force

Sec. 25. "Blind", for purposes of IC 31-25-3, IC 31-25-4, IC 31-28-1, IC 31-28-2, and IC 31-28-3, means an individual who has vision in the better eye with correcting glasses of 20/200 or less, or a disqualifying visual field defect as determined upon examination by an ophthalmologist or optometrist who has been designated to make such examinations by the local office and approved by the department.

As added by P.L.145-2026, SEC.161.
Ind. Code § 31-25-2-24 — Indiana Code / Title 31 / Article 25 / Chapter 2 / Section 31-25-2-24
Report concerning child fatalities and near fatalities
Status: in_force

Sec. 24. (a) Before December 31 of each year, the department shall annually prepare a report concerning all child fatalities or near fatalities in Indiana that are the result of child abuse or neglect in the preceding calendar year. The report must include the following information:

(1) A summary of the information gathered concerning child fatalities or near fatalities resulting from abuse or neglect.

(2) Demographic information regarding victims, perpetrators, and households involved in child fatalities or near fatalities resulting from abuse or neglect.

(3) An analysis of the primary risk factors involved in child fatalities or near fatalities resulting from abuse or neglect.

(4) A summary of the most frequent causes of child fatalities or near fatalities resulting from abuse or neglect.

(5) A description of the manner in which the information was assembled.

The department shall post the report prepared under this section on the department's website.

(b) As part of the summary of information described in subsection (a)(1), the report must include the following information for each child fatality or near fatality:

(1) Whether, at the time of the child's fatality or near fatality or at any time before the child's fatality or near fatality, the child was alleged or adjudicated to be a child in need of services under IC 31-34-1 or was the subject of a program of informal adjustment.

(2) Whether, at the time of the event that led to the child's fatality or near fatality, the child:

(A) had been ordered to remain in the child's home;

(B) was on a trial home visit;

(C) was placed in foster care; or

(D) was residing in a residential treatment facility.

(3) The following information regarding each report of known or suspected child abuse or neglect that the department received regarding the child and screened out:

(A) The date on which the report was received.

(B) The documented reason or reasons for:

(i) the recommendation of the department's intake personnel that the report be screened out; and

(ii) the approval of the recommendation under item (i) by each department supervisor, director, or other official that reviewed the recommendation.

Names or other identifying information of department employees may be omitted or redacted from the information reported under this subdivision.

(4) A detailed description of the actions taken by the department concerning the child, including the following:

(A) A summary of any investigation of alleged child abuse and neglect concerning the child, including any relevant risk and safety assessment concerning the child, that was conducted by the department before the child fatality or that was ongoing at the time of the child fatality.

(B) With regard to an investigation reported under clause (A) that resulted in a determination that the allegation of child abuse or neglect was unsubstantiated:

(i) a narrative, chronological summary of the investigation; and

(ii) the department's reasoning for determining that the allegation was unsubstantiated.

This subdivision does not apply to a near fatality.

(5) The name of the judge who presided over any detention hearing concerning the child under IC 31-34-5 the result of which was release of the child to the child's parent, guardian, or custodian.

(6) If the child was the subject of one (1) or more petitions alleging that the child was a child in need of services:

(A) for each child in need of services petition:

(i) the allegations that prompted the filing of the child in need of services petition;

(ii) a narrative, chronological summary of the child in need of services proceeding;

(iii) any judicial findings that were issued by the court in the child in need of services proceeding; and

(iv) a description of the disposition of the petition, including a description of the dispositional decree, if any, entered by the court; and

(B) the name of the judge who presided over the most recent child in need of services proceeding concerning the child.

This subdivision does not apply to a near fatality.

(7) A summary of any child abuse and neglect investigation conducted concerning the child after the child's fatality or near fatality, including:

(A) the nature and extent of the child's present and past injuries;

(B) medical information pertaining to the child's fatality, if applicable; and

(C) information regarding any criminal charges brought in connection with the investigation, including the name of any individual convicted of criminal charges brought in connection with the investigation.

(8) What actions the department took in response to the child fatality or near fatality, including any:

(A) change to policy or practice; or

(B) recommendation for a change in policy, practice, or law.

(9) If the child was the subject of a child in need of services proceeding and:

(A) the proceeding was dismissed; or

(B) the child was discharged under IC 31-34-21-11;

before the child's death, a brief summary of the reasons for the court's action under clause (A) or (B).

(c) As part of the annual report required by subsection (a), before December 31 of each year, the department shall report the following:

(1) The number of child fatalities or near fatalities in Indiana in the preceding calendar year for whom abuse or neglect was suspected to be a factor in the child fatality or near fatality.

(2) The:

(A) number of children described in subdivision (1) whose cause of fatality or near fatality was determined to be related to abuse or neglect; and

(B) number of children described in subdivision (1) whose cause of fatality or near fatality was determined to be unrelated to abuse or neglect.

(3) The number of children described in subdivision (2)(A) who were the subject of a department assessment based on an allegation of abuse or neglect.

(4) The number of children described in subdivision (3) who were the subject of a department assessment based on an allegation of abuse or neglect that was determined to be substantiated.

(5) The number of children described in subdivision (3) who were the subject of a department assessment based on an allegation of abuse or neglect that was determined to be unsubstantiated.

(6) For each child described in subdivision (3), the following information:

(A) The cause and manner of the child fatality or near fatality.

(B) The:

(i) number of department assessments of the child that were based on an allegation of abuse or neglect that was determined to be substantiated; and

(ii) number of department assessments of the child that were based on an allegation of abuse or neglect that was determined to be unsubstantiated.

(C) The child's relationship to the perpetrator or perpetrators of the abuse or neglect to which the child fatality or near fatality was determined to be related.

(D) For each perpetrator described in clause (C):

(i) whether, prior to the allegation of abuse or neglect to which the fatality or near fatality of the child described in subdivision (3) was related, a substantiated allegation of abuse or neglect resulted in the perpetrator being determined to have abused or neglected the child or another child;

(ii) the number of substantiated reports of abuse or neglect described in item (i);

(iii) whether, before the allegation of abuse or neglect to which the fatality or near fatality of the child described in subdivision (3) was related, an investigation of an allegation of abuse or neglect of the child or of another child resulted in the allegation being determined to be unsubstantiated; and

(iv) the number of unsubstantiated reports of abuse or neglect described in item (iii).

(d) Not later than January 31 of each year, the department shall provide to the executive director of the legislative services agency, for distribution to the interim study committee on child services, a copy of the most recent annual report prepared by the department under this section. The report provided to the executive director of the legislative services agency under this subsection must be in an electronic format under IC 5-14-6.

As added by P.L.119-2013, SEC.9. Amended by P.L.98-2019, SEC.1; P.L.148-2021, SEC.7; P.L.76-2022, SEC.2; P.L.11-2023, SEC.99; P.L.84-2026, SEC.7.
Ind. Code § 31-17-2-18 — Indiana Code / Title 31 / Article 17 / Chapter 2 / Section 31-17-2-18
Continuing supervision
Status: in_force

Sec. 18. If both parents or all contestants agree to the order or if the court finds that, in the absence of the order, the child's physical health might be endangered or the child's emotional development significantly impaired, the court may order:

(1) the court social service agency;

(2) the staff of the juvenile court;

(3) the local probation department; or

(4) a private agency employed by the court for that purpose;

to exercise continuing supervision over the case to assure that the custodial or parenting time terms of the decree are carried out.

[Pre-1997 Recodification Citation: 31-1-11.5-21(c).]

As added by P.L.1-1997, SEC.9. Amended by P.L.68-2005, SEC.34; P.L.146-2008, SEC.559.
Ind. Code § 31-16-10-1 — Indiana Code / Title 31 / Article 16 / Chapter 10 / Section 31-16-10-1
Payments of child support to third persons
Status: in_force

Sec. 1. Upon entering an order under IC 31-16-6-1 or at any subsequent time, the court may order, upon the proper showing that a person other than the person awarded custody under IC 31-17-2-8 (or IC 31-1-11.5-21 before its repeal) should receive payments, that the clerk of the circuit court or the person obligated to make the payments transmit those payments to any third person agreed upon by the parties and approved by the court or appointed by the court, including the following:

(1) A trustee.

(2) The guardian of the estate of the child.

(3) Any third person.

(4) The department or any appropriate social service agency.

(5) The state agency administering Title IV-D of the federal Social Security Act (42 U.S.C. 651 through 669).

(6) The township trustee.

[Pre-1997 Recodification Citation: 31-1-11.5-14(a) part.]

As added by P.L.1-1997, SEC.8. Amended by P.L.139-2000, SEC.3; P.L.128-2012, SEC.37.
Ind. Code § 31-35-2-4 — Indiana Code / Title 31 / Article 35 / Chapter 2 / Section 31-35-2-4
Petition to terminate parent-child relationship; filing; required allegations
Status: in_force

Sec. 4. (a) A petition to terminate the parent-child relationship involving a child adjudicated as a delinquent child or child in need of services may be signed and filed with the juvenile or probate court by any of the following:

(1) The attorney for the department.

(2) The child's court appointed special advocate.

(3) The child's guardian ad litem.

(4) An individual:

(A) with whom the child is placed during; and

(B) who is an intervenor in;

the child in need of services proceedings regarding the child as provided in section 3.5 of this chapter.

(b) A petition filed under subsection (a) must be entitled "In the Matter of the Termination of the Parent-Child Relationship of ___________, a child, and ____________, the child's parent (or parents)".

(c) A petition filed under subsection (a) must allege:

(1) the existence of one (1) or more of the circumstances described in subsection (d);

(2) that there is a satisfactory plan for care and treatment of the child; and

(3) that termination of the parent-child relationship is in the child's best interests.

(d) A petition filed under subsection (a) must allege the existence of one (1) or more of the following circumstances:

(1) That a court has entered a finding under IC 31-34-21-5.6 that reasonable efforts for family preservation or reunification are not required, including a description of the court's finding, the date of the finding, and the manner in which the finding was made.

(2) That:

(A) the child has been removed from the parent and has been under the supervision of a local office or probation department for at least fifteen (15) months of the most recent twenty-two (22) months, beginning with the date the child is removed from the home as a result of the child being alleged to be a child in need of services or a delinquent child; and

(B) despite the department's reasonable efforts to preserve and reunify the child's family under IC 31-34-21-5.5, the parent has been unable to remedy the circumstances that resulted in the child being placed in care outside the parent's home.

(3) That there is a reasonable probability that the conditions that resulted in the child's removal or the reasons for placement outside the home of the parents will not be remedied.

(4) That there is a reasonable probability that the continuation of the parent-child relationship poses a threat to the well-being, safety, physical health, or life of the child.

(5) That the child has, on two (2) separate occasions, been adjudicated a child in need of services.

(6) That:

(A) at least ninety (90) days have passed since the filing of the petition alleging that the child is a child in need of services; and

(B) the identity or location of the parent is unknown despite reasonable efforts having been made to identify or locate the parent.

(7) That the parent:

(A) failed to substantially comply with the child's dispositional decree for a period of at least twelve (12) months following the child's:

(i) removal from the parent's home under IC 31-34-2; or

(ii) adjudication as a child in need of services;

whichever occurred earlier, unless the parent's failure to substantially comply with the child's dispositional decree was due to the failure of the department to make reasonable efforts to preserve and reunify the child's family under IC 31-34-21-5.5; or

(B) is unlikely or unable to substantially comply with the child's dispositional decree.

(8) That the parent is incarcerated and one (1) or more of the following is true:

(A) The parent is expected to remain incarcerated for a significant portion of the remaining time during which the child is less than eighteen (18) years of age. When determining whether the portion of the remaining time is significant, the court shall consider the following factors:

(i) The age of the child.

(ii) The relationship between the child and the parent.

(iii) The nature of the parent's current and past provision for the child's developmental, cognitive, psychological, and physical needs.

(iv) The parent's history of criminal behavior, including the frequency of the parent's incarceration and the unavailability of the parent to the child due to the parent's incarceration.

(v) Any other factor the court considers relevant.

(B) The parent is a sexually violent predator (as defined by IC 35-38-1-7.5).

(9) That the parent:

(A) has a history of extensive, abusive, and chronic use of alcohol or a controlled substance that renders the parent incapable of caring for the child; and

(B) either:

(i) has refused or failed to complete available treatment for the alcohol or controlled substance use during the two (2) year period immediately preceding the filing date of the petition under subsection (a); or

(ii) has completed treatment for the alcohol or controlled substance use but has resumed use of alcohol or a controlled substance after being reunified with the child.

(10) That:

(A) a test administered at the child's birth that indicated that the child's blood, urine, umbilical cord tissue, or meconium contained any amount of alcohol or a controlled substance, or metabolites of such substances, the presence of which was not the result of medical treatment administered to the mother or the child; and

(B) the parent:

(i) is the biological mother of at least one (1) other child who was adjudicated a child in need of services after a finding of harm to the child's health or welfare due to exposure to alcohol or a controlled substance; and

(ii) had the opportunity to participate in substance abuse treatment following the finding under item (i).

(11) That the child was conceived as a result of:

(A) an offense under IC 35-42-3.5 (human and sexual trafficking);

(B) rape (IC 35-42-4-1);

(C) child molestation (IC 35-42-4-3);

(D) sexual misconduct with a minor (IC 35-42-4-9); or

(E) an offense committed in another jurisdiction the elements of which are substantially similar to the elements of an offense described in clause (A), (B), (C), or (D);

committed by the biological parent of the child whose parent-child relationship with the child is the subject of the petition.

(12) That the parent is required to register as a sex or violent offender under IC 11-8-8.

(13) That one (1) or more circumstances described in section 3.5 of this chapter have occurred.

(e) If the department intends to file a motion to dismiss under section 4.5 of this chapter, the petition must indicate whether at least one (1) of the factors listed in section 4.5(d)(1) through 4.5(d)(4) of this chapter applies and specify each factor that would apply as the basis for filing a motion to dismiss the petition.

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

As added by P.L.1-1997, SEC.18. Amended by P.L.35-1998, SEC.19; P.L.200-1999, SEC.29; P.L.146-2008, SEC.615; P.L.131-2009, SEC.65; P.L.21-2010, SEC.8; P.L.48-2012, SEC.66; P.L.42-2017, SEC.2; P.L.258-2019, SEC.3; P.L.70-2024, SEC.4; P.L.179-2025, SEC.25.
Ind. Code § 31-14-11-3 — Indiana Code / Title 31 / Article 14 / Chapter 11 / Section 31-14-11-3
Repealed
Status: repealed

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

As added by P.L.1-1997, SEC.6. Amended by P.L.86-2002, SEC.7; P.L.80-2010, SEC.23. Repealed by P.L.207-2013, SEC.22.
Ind. Code § 31-14-10-3 — Indiana Code / Title 31 / Article 14 / Chapter 10 / Section 31-14-10-3
Findings and orders without hearing
Status: in_force

Sec. 3. The court may make findings and orders without holding the hearing required by section 1 of this chapter if:

(1) the mother and the alleged father execute and file with the court a verified written stipulation; or

(2) the parties have filed a joint petition;

resolving the issues of custody, child support, and parenting time. The court shall incorporate provisions of the written stipulation or joint petition into orders entered under this section.

[Pre-1997 Recodification Citation: 31-6-6.1-10(c).]

As added by P.L.1-1997, SEC.6. Amended by P.L.68-2005, SEC.16.
Ind. Code § 31-37-19-19 — Indiana Code / Title 31 / Article 37 / Chapter 19 / Section 31-37-19-19
Period of invalidation or denial of license or permit; maximum; order to allow receipt of license or permit before completion of period
Status: in_force

Sec. 19. The juvenile court may:

(1) enter an order for the maximum period of invalidation or denial of issuance under sections 13, 14, 15, and 16 of this chapter; and

(2) following a determination that the child has committed no further delinquent acts, enter an order to allow the child to receive a license or permit before the period of invalidation or denial is completed.

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

As added by P.L.1-1997, SEC.20.
Ind. Code § 31-16-20-2 — Indiana Code / Title 31 / Article 16 / Chapter 20 / Section 31-16-20-2
Order of transfer of proceedings
Status: in_force

Sec. 2. The court may order the proceedings with:

(1) all papers and files pertaining to the order for support; and

(2) certified copies of all orders for support;

transferred to the court having jurisdiction over such matters in the county in which the parent or other person having custody of the children is residing.

[Pre-1997 Recodification Citation: 31-2-7-1 part.]

As added by P.L.1-1997, SEC.8.
Ind. Code § 31-37-1-1 — Indiana Code / Title 31 / Article 37 / Chapter 1 / Section 31-37-1-1
Delinquent child defined
Status: in_force

Sec. 1. A child is a delinquent child if, before becoming eighteen (18) years of age, the child commits a delinquent act described in this chapter.

[Pre-1997 Recodification Citation: 31-6-4-1(b) part.]

As added by P.L.1-1997, SEC.20.
Ind. Code § 31-17-2-8.2 — Indiana Code / Title 31 / Article 17 / Chapter 2 / Section 31-17-2-8.2
Court inclusion of written findings in custody order
Status: in_force

Sec. 8.2. (a) As used in this section, "custody order" means:

(1) a final order:

(A) awarding custody;

(B) modifying custody; or

(C) denying modification of custody;

under this chapter; or

(2) an appellate decision affirming or reversing an order described in subdivision (1).

The term does not include a preliminary order or provisional order awarding custody.

(b) The following shall be included in a custody order:

(1) A trial court shall include the court's findings of fact and conclusions of law on which the custody order is based.

(2) An appellate decision shall include the facts upon which the appellate court relied to affirm or reverse an order.

As added by P.L.38-2025, SEC.2.
Ind. Code § 31-31-10-2 — Indiana Code / Title 31 / Article 31 / Chapter 10 / Section 31-31-10-2
Report on delinquent children and children in need; filing; contents
Status: in_force

Sec. 2. (a) Each probation department shall, not later than October 1 of each year, file a report with the office of judicial administration that includes the information the probation department is required to maintain under section 1 of this chapter.

(b) The report under subsection (a) must:

(1) cover the previous state fiscal year; and

(2) include at least the following:

(A) The number of delinquent children and children in need of services who received juvenile law services.

(B) Demographic information relating to the delinquent children and children in need of services who received juvenile law services.

(C) All financial information relating to juvenile law services provided to delinquent children and children in need of services.

As added by P.L.55-1997, SEC.13. Amended by P.L.161-2018, SEC.38.
Ind. Code § 31-37-19-9 — Indiana Code / Title 31 / Article 37 / Chapter 19 / Section 31-37-19-9
Confinement of delinquent child at least 13 but less than 16 years of age committing act that would be murder, kidnapping, rape, criminal deviate conduct, or robbery if committed by adult
Status: in_force

Sec. 9. (a) This section applies if a child is a delinquent child under IC 31-37-1.

(b) After a juvenile court makes a determination under IC 11-8-8-5, the juvenile court may, in addition to an order under section 6 of this chapter, and if the child:

(1) is at least thirteen (13) years of age and less than sixteen (16) years of age; and

(2) committed an act that, if committed by an adult, would be:

(A) murder (IC 35-42-1-1);

(B) kidnapping (IC 35-42-3-2);

(C) rape (IC 35-42-4-1);

(D) criminal deviate conduct (IC 35-42-4-2) (repealed); or

(E) robbery (IC 35-42-5-1) if the robbery was committed while armed with a deadly weapon or if the robbery resulted in bodily injury or serious bodily injury;

order wardship of the child to the department of correction for a fixed period that is not longer than the date the child becomes eighteen (18) years of age, subject to IC 11-10-2-10.

(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(b)(8) before its repeal).

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

As added by P.L.1-1997, SEC.20. Amended by P.L.238-2001, SEC.17; P.L.140-2006, SEC.20 and P.L.173-2006, SEC.20; P.L.158-2013, SEC.330; P.L.214-2013, SEC.28.
Ind. Code § 31-9-2.1-199 — Indiana Code / Title 31 / Article 9 / Chapter 2.1 / Section 31-9-2.1-199
"Receiving state"
Status: in_force

Sec. 199. "Receiving state", 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 § 31-10-3.5-2 — Indiana Code / Title 31 / Article 10 / Chapter 3.5 / Section 31-10-3.5-2
Exception for prioritizing a child's placement
Status: in_force

Sec. 2. (a) Notwithstanding IC 34-13-3-3 and subject to subsection (b), a person may:

(1) bring a cause of action against a governmental entity for a violation of section 1 of this chapter; or

(2) assert the violation of section 1 of this chapter as a claim or defense in a judicial proceeding.

(b) A person may not bring a cause of action against any court under this section.

(c) A person does not need to exhaust any administrative remedy before commencing an action under this section.

As added by P.L.43-2026, SEC.6.
Ind. Code § 31-35-2-4.5 — Indiana Code / Title 31 / Article 35 / Chapter 2 / Section 31-35-2-4.5
Petition; filing; motion to dismiss
Status: in_force

Sec. 4.5. (a) This section applies if:

(1) a court has made a finding under IC 31-34-21-5.6 that reasonable efforts for family preservation or reunification with respect to a child in need of services are not required; or

(2) a child in need of services or a delinquent child:

(A) has been placed in:

(i) a foster family home, child caring institution, or group home licensed under IC 31-27; or

(ii) the home of a relative (as defined in IC 31-9-2.1-207(c));

as directed by a court in a child in need of services proceeding under IC 31-34 or a delinquency action under IC 31-37; and

(B) has been removed from a parent and has been under the supervision of the department or county probation department for not less than fifteen (15) months of the most recent twenty-two (22) months, beginning with the date the child is removed from the home as a result of the child being alleged to be a child in need of services or a delinquent child.

(b) A person described in section 4(a) of this chapter shall:

(1) file a petition to terminate the parent-child relationship under section 4 of this chapter; and

(2) request that the petition be set for hearing.

(c) If a petition under subsection (b) is filed by the child's court appointed special advocate or guardian ad litem, the department shall be joined as a party to the petition.

(d) A person described in section 4(a) of this chapter may file a motion to dismiss the petition to terminate the parent-child relationship if any of the following circumstances apply:

(1) That the current case plan prepared by or under the supervision of the department or the probation department under IC 31-34-15, IC 31-37-19-1.5, or IC 31-37-22-4.5 has documented a compelling reason, based on facts and circumstances stated in the petition or motion, for concluding that filing, or proceeding to a final determination of, a petition to terminate the parent-child relationship is not in the best interests of the child. A compelling reason may include the fact that the child is being cared for by a custodian who is a relative (as defined in IC 31-9-2.1-207(c)).

(2) That:

(A) IC 31-34-21-5.6 is not applicable to the child;

(B) the department or the probation department has not provided family services to the child, parent, or family of the child in accordance with a currently effective case plan prepared under IC 31-34-15 or IC 31-37-19-1.5 or a permanency plan or dispositional decree approved under IC 31-34 or IC 31-37, for the purpose of permitting and facilitating safe return of the child to the child's home; and

(C) the period for completion of the program of family services, as specified in the current case plan, permanency plan, or decree, has not expired.

(3) That:

(A) IC 31-34-21-5.6 is not applicable to the child;

(B) the department has not provided family services to the child, parent, or family of the child, in accordance with applicable provisions of a currently effective case plan prepared under IC 31-34-15 or IC 31-37-19-1.5, or a permanency plan or dispositional decree approved under IC 31-34 or IC 31-37; and

(C) the services that the department has not provided are substantial and material in relation to implementation of a plan to permit safe return of the child to the child's home.

(4) Subject to subsection (f), that:

(A) the parent is incarcerated or the parent's prior incarceration is a significant factor in the child having been under the supervision of the department or a county probation department for at least fifteen (15) of the most recent twenty-two (22) months;

(B) the parent maintains a meaningful role in the child's life; and

(C) the department has not documented a reason to conclude that it would otherwise be in the child's best interests to terminate the parent-child relationship.

The motion to dismiss shall specify which of the allegations described in subdivisions (1) through (4) apply to the motion. If the court finds that any of the allegations described in subdivisions (1) through (4) are true, as established by a preponderance of the evidence, the court shall dismiss the petition to terminate the parent-child relationship. In determining whether to dismiss a petition to terminate a parent-child relationship pursuant to a motion to dismiss that specifies allegations described in subdivision (4), the court may consider the length of time remaining in the incarcerated parent's sentence and any other factor the court considers relevant.

(e) If:

(1) a child in need of services or a delinquent child has been removed from a parent and has been under the supervision of the department or county probation department for not less than fifteen (15) months of the most recent twenty-two (22) months, beginning with the date the child is removed from the home as a result of the child being alleged to be a child in need of services or a delinquent child; and

(2) a petition to terminate the parent-child relationship has not been filed by the department or another person described in section 4(a) of this chapter;

a foster parent, relative of the child, or de facto custodian with whom the child has been placed for at least six (6) months may file a notice with the court that the petition to terminate the parent-child relationship has not been filed as required under subsection (b). Upon the filing of the notice, if the petition to terminate the parent-child relationship has not been filed, the court shall schedule a hearing within thirty (30) days.

(f) Subsection (d)(4) does not apply if the person was incarcerated for any of the following:

(1) A crime described in IC 31-35-3-4.

(2) A crime of child abuse (as defined in IC 5-2-22-1).

(3) Neglect of a dependent (IC 35-46-1-4) if:

(A) the incarceration was for neglect of a dependent as a Level 5 or above felony; and

(B) the dependent would be the subject of the petition to terminate the parent-child relationship.

(g) The department may not:

(1) take adverse action against a foster parent's license under IC 31-27-4; or

(2) remove a child from the home of a foster parent, relative of the child, or de facto custodian;

on the basis of the foster parent, relative, or de facto custodian filing a notice with the court under subsection (e).

As added by P.L.35-1998, SEC.20. Amended by P.L.200-1999, SEC.30; P.L.146-2008, SEC.616; P.L.131-2009, SEC.66; P.L.48-2012, SEC.67; P.L.123-2014, SEC.24; P.L.5-2015, SEC.65; P.L.210-2019, SEC.17; P.L.258-2019, SEC.4; P.L.156-2020, SEC.120; P.L.69-2024, SEC.3; P.L.145-2026, SEC.211.
Ind. Code § 31-33-15-1 — Indiana Code / Title 31 / Article 33 / Chapter 15 / Section 31-33-15-1
Appointment
Status: in_force

Sec. 1. In every judicial proceeding under this article, the court may appoint for the child a guardian ad litem or a court appointed special advocate, or both, under IC 31-32-3.

[Pre-1997 Recodification Citation: 31-6-11-9(a).]

As added by P.L.1-1997, SEC.16.
Ind. Code § 31-9-2.1-131 — Indiana Code / Title 31 / Article 9 / Chapter 2.1 / Section 31-9-2.1-131
"Initial determination"
Status: in_force

Sec. 131. "Initial determination", for purposes of the Uniform Child Custody Jurisdiction Act under IC 31-21, has the meaning set forth in IC 31-21-2-9.

As added by P.L.145-2026, SEC.161.
Ind. Code § 31-28-0.5-1 — Indiana Code / Title 31 / Article 28 / Chapter 0.5 / Section 31-28-0.5-1
Format of foster child health and medical records
Status: in_force

Sec. 1. Records, forms, and other health information required under IC 31-28-1 through IC 31-28-3 may be maintained:

(1) in physical format; or

(2) in electronic format.

As added by P.L.77-2023, SEC.6.
Ind. Code § 31-17-2.2-4 — Indiana Code / Title 31 / Article 17 / Chapter 2.2 / Section 31-17-2.2-4
Risk or harm in disclosing information
Status: in_force

Sec. 4. If a court finds that disclosure of the information required under IC 31-14-13-10.2 or section 0.5 or 3 of this chapter creates a significant risk of substantial harm to the individual required to provide the disclosure or to the child, the court may order:

(1) that the address, the telephone number, or other identifying information of the individual or child not be shared with other individuals or disclosed in the pleadings, other documents filed in the proceeding, or the final order;

(2) that the information required under section 3 of this chapter be maintained by the clerk of the court in a secure location separate from the pending case file;

(3) that the notice requirements under this chapter be waived to the extent necessary to protect the individual or child from significant risk of substantial harm; or

(4) other remedial action that the court considers necessary to facilitate the legitimate needs of the parties and the best interest of the child.

As added by P.L.50-2006, SEC.7. Amended by P.L.186-2019, SEC.13.
Ind. Code § 31-30.5-1-5 — Indiana Code / Title 31 / Article 30.5 / Chapter 1 / Section 31-30.5-1-5
Confidentiality of juvenile interrogations
Status: in_force

Sec. 5. A custodial interrogation recorded under this chapter is confidential at the discretion of the court.

As added by P.L.187-2015, SEC.27.
Ind. Code § 31-25-4-25 — Indiana Code / Title 31 / Article 25 / Chapter 4 / Section 31-25-4-25
Amounts distributed from department of child services
Status: in_force

Sec. 25. The amounts appropriated for duties performed by prosecuting attorneys, circuit court clerks, or other agents under this chapter shall be distributed directly from the department of child services.

As added by P.L.145-2006, SEC.271. Amended by P.L.146-2006, SEC.25; P.L.1-2007, SEC.200.
Ind. Code § 31-16-6-5 — Indiana Code / Title 31 / Article 16 / Chapter 6 / Section 31-16-6-5
Security, bond, or other guarantees
Status: in_force

Sec. 5. Upon entering an order under section 1 of this chapter, the court may provide for such security, bond, or other guarantee that is satisfactory to the court to secure the obligation to make child support payments.

[Pre-1997 Recodification Citation: 31-1-11.5-15 part.]

As added by P.L.1-1997, SEC.8.
Ind. Code § 31-34-23-6 — Indiana Code / Title 31 / Article 34 / Chapter 23 / Section 31-34-23-6
Notice and hearing requirements; change in out-of-home placement
Status: in_force

Sec. 6. (a) Except as provided in section 3 of this chapter, before changing a child's out-of-home placement, the department or any other party seeking a change in placement shall file a motion requesting a change in placement if the child:

(1) has been in the same out-of-home placement for at least twelve (12) months, consecutively or nonconsecutively; and

(2) is in:

(A) a foster family home; or

(B) the care of a relative.

(b) The person with whom the child is placed may:

(1) indicate in writing that the person:

(A) does not intend to contest the change of placement under subsection (a); and

(B) waives the right to request a hearing under subsection (f); and

(2) provide the writing to:

(A) the department; or

(B) the court.

(c) Except as provided in subsection (i), if any party files the motion described in subsection (a), the party shall give notice to all persons affected. The party's notice must state that the person affected may file a written objection not later than fifteen (15) days after service of the notice.

(d) If a writing described in subsection (b)(1) is provided to the department before the department files the motion described in subsection (a), the department may file the writing with the motion requesting a change in placement.

(e) If the motion filed by a party alleges substantiated exigent circumstances (as defined in IC 31-9-2-44.1) or the court receives the writing described in subsection (b), the court may rule on the party's motion without delay.

(f) If the person affected files a timely objection to the party's motion requesting a change in out-of-home placement, the juvenile court shall hold a hearing on the question.

(g) Except as provided in subsection (e), if:

(1) a child is the subject of an adoption petition filed under IC 31-19-2;

(2) the adoption petitioner is the current placement for the child; and

(3) the adoption petitioner has been the child's placement for at least twelve (12) months, consecutively or nonconsecutively;

the court shall not change the child's placement until the adoption petition under IC 31-19-2 has been ruled on.

(h) The party must show that the change in out-of-home placement is in the best interests of the child.

(i) If the party seeking a change of placement is a:

(1) parent (as defined in IC 31-9-2-88(a));

(2) guardian ad litem (as defined in IC 31-9-2-50); or

(3) court appointed special advocate;

the party must provide notice under subsection (c) to the department. The department shall provide notice of the motion requesting a change of placement to the child's out-of-home placement. The department's notice must state that the person affected may file a written objection not later than fifteen (15) days after service of the department's notice.

As added by P.L.172-2022, SEC.12. Amended by P.L.105-2022, SEC.46; P.L.116-2026, SEC.12.
Ind. Code § 31-42-1-1 — Indiana Code / Title 31 / Article 42 / Chapter 1 / Section 31-42-1-1
Applicability of chapter
Status: in_force

Sec. 1. This chapter applies to all statutes enacted by the general assembly unless a statute is exempted by reference to a specific statute within this chapter.

As added by P.L.101-2025, SEC.7.