Ind. Code § 31-28-6-1 — Indiana Code / Title 31 / Article 28 / Chapter 6 / Section 31-28-6-1
Enactment; provision
Status: in_force

Sec. 1. Subject to IC 31-28-4-1.5, the interstate compact for the placement of children is enacted into law under this chapter and entered into with all other jurisdictions legally joining the compact in a form consistent with the compact terms and provisions as stated in this section in a form substantially as follows:

ARTICLE I. PURPOSE

The purpose of this interstate compact for the placement of children is to do the following:

(1) Provide a process through which children subject to this compact are placed in safe and suitable homes in a timely manner.

(2) Facilitate ongoing supervision of a placement, the delivery of services, and communication between the states.

(3) Provide operating procedures that will ensure that children are placed in safe and suitable homes in a timely manner.

(4) Provide for the adoption and enforcement of administrative rules implementing the provisions of this compact and regulating the covered activities of the member states.

(5) Provide for uniform data collection and information sharing between member states under this compact.

(6) Promote coordination between this compact, the Interstate Compact for Juveniles, the Interstate Compact on Adoption and Medical Assistance, and other compacts that affect the placement of and that provide services to children otherwise subject to this compact.

(7) Provide for a state's continuing legal jurisdiction and responsibility for placement and care of a child that it would have had if the placement were intrastate.

(8) Provide for the promulgation of guidelines, in collaboration with Indian tribes, for interstate cases involving Indian children as is or may be permitted by federal law.

ARTICLE II. DEFINITIONS

The following definitions apply throughout this compact:

(1) "Approved placement" means the public child placing agency in the receiving state has determined that the placement is both safe and suitable for the child.

(2) "Assessment" means an evaluation of a prospective placement by a public child placing agency in the receiving state to determine whether the placement meets the individualized needs of the child, including, but not limited to, the child's safety and stability, health and well-being, and mental, emotional, and physical development. An assessment is applicable to a placement by a public child placing agency.

(3) "Certification" means to attest, declare, or swear to before a judge or notary public.

(4) "Child" means an individual who is less than eighteen (18) years of age.

(5) "Default" means the failure of a member state to perform the obligations or responsibilities imposed upon it by this compact, the bylaws, or rules of the interstate commission.

(6) "Home study" means an evaluation of a home environment that is conducted in accordance with the applicable requirements of the state in which the home is located and that documents the preparation and the suitability of the placement resource for placement of a child in accordance with the laws and requirements of the state in which the home is located.

(7) "Indian tribe" means any Indian tribe, band, nation, or other organized group or community of Indians recognized as eligible for services provided to Indians by the Secretary of the Interior because of their status as Indians, including any Alaskan native village as defined in section 3(c) of the Alaska Native Claims Settlement Act, 43 U.S.C. 1602(c).

(8) "Interstate commission for the placement of children" means the commission that is created under Article VIII of this compact and that is generally referred to as "the interstate commission".

(9) "Jurisdiction" means the power and authority of a court to hear and decide matters.

(10) "Legal risk adoption" means a placement made preliminary to an adoption in which the prospective adoptive parents acknowledge in writing that a child can be ordered returned to the sending state or the birth mother's state of residence, if different from the sending state, and a final decree of adoption shall not be entered in any jurisdiction until all required consents are obtained or are dispensed with in accordance with applicable law.

(11) "Legal risk placement" means legal risk adoption.

(12) "Member state" means a state that has enacted this compact.

(13) "Noncustodial parent" means a person who, at the time of the commencement of court proceedings in the sending state, does not have sole legal custody of the child or has joint legal custody of a child, and who is not the subject of allegations or findings of child abuse or neglect.

(14) "Nonmember state" means a state that has not enacted this compact.

(15) "Notice of residential placement" means information regarding a placement into a residential facility that is provided to the receiving state, including, but not limited to, the name of the child, the date and place of birth of the child, the identity and address of the parent or legal guardian, evidence of authority to make the placement, and the name and address of the facility in which the child will be placed. The term also includes information regarding a discharge and any unauthorized absence from the facility.

(16) "Placement" means the act by a public or private child placing agency intended to arrange for the care or custody of a child in another state.

(17) "Private child placing agency" means any private corporation, agency, foundation, institution, or charitable organization, or any private person or attorney, that facilitates, causes, or is involved in the placement of a child from one (1) state to another and that is not an instrumentality of the state or acting under color of state law.

(18) "Provisional placement" means a determination made by the public child placing agency in the receiving state that the receiving state has determined that the proposed placement is safe and suitable, and, to the extent allowable, the receiving state has temporarily waived its standards or requirements otherwise applicable to prospective foster or adoptive parents so as not to delay the placement. Completion of the receiving state requirements regarding training for prospective foster or adoptive parents shall not delay an otherwise safe and suitable placement.

(19) "Public child placing agency" means any government child welfare agency or child protection agency, or a private entity under contract with such an agency, regardless of whether the agency or entity acts on behalf of a state, county, municipality, or other governmental unit, that facilitates, causes, or is involved in the placement of a child from one (1) state to another.

(20) "Receiving state" means the state to which a child is sent, brought, or caused to be sent or brought.

(21) "Relative" means someone who is related to the child as a parent, stepparent, sibling by half or whole blood or by adoption, grandparent, aunt, uncle, or first cousin, or a nonrelative with such significant ties to the child that they may be regarded as relatives as determined by the court in the sending state.

(22) "Residential facility" means a facility providing a level of care that is sufficient to substitute for parental responsibility or foster care and is beyond what is needed for assessment or treatment of an acute condition. For purposes of the compact, residential facilities do not include institutions that are primarily educational in character, hospitals, or other medical facilities.

(23) "Rule" means a written directive, mandate, standard, or principle that is issued by the interstate commission and promulgated under Article XI of this compact, that is of general applicability, and that implements, interprets, or prescribes a policy or provision of the compact. A rule has the force and effect of an administrative rule in a member state, and includes the amendment, repeal, or suspension of an existing rule.

(24) "Sending state" means the state from which the placement of a child is initiated.

(25) "Service member's permanent duty station" means the military installation where an active duty armed services member is currently assigned and is physically located under competent orders that do not specify the duty as temporary.

(26) "Service member's state of legal residence" means the state in which the active duty armed services member is considered a resident for tax and voting purposes.

(27) "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern Marianas Islands, and any other territory of the United States.

(28) "State court" means a judicial body of a state that is vested by law with responsibility for adjudicating cases involving abuse, neglect, deprivation, delinquency, or status offenses of individuals less than eighteen (18) years of age.

(29) "Supervision" means monitoring provided by the receiving state once a child has been placed in a receiving state under this compact.

ARTICLE III. APPLICABILITY

(a) Except as otherwise provided in subsection (b) of this article, this compact applies to the following:

(1) The interstate placement of a child subject to ongoing court jurisdiction in the sending state, due to allegations or findings that the child has been abused, neglected, or deprived as defined by the laws of the sending state. However, the placement of such a child into a residential facility requires only notice of residential placement to the receiving state before placement.

(2) The interstate placement of a child adjudicated delinquent or unmanageable based on the laws of the sending state and subject to ongoing court jurisdiction of the sending state if:

(A) the child is being placed in a residential facility in another member state and is not covered under another compact; or

(B) the child is being placed in another member state and the determination of safety and suitability of the placement and services required is not provided through another compact.

(3) The interstate placement of any child by a public child placing agency or private child placing agency as defined in this compact as a preliminary step to a possible adoption.

(b) The provisions of this compact do not apply to the following:

(1) The interstate placement of a child in a custody proceeding in which a public child placing agency is not a party, if the placement is not intended to effectuate an adoption.

(2) The interstate placement of a child with a nonrelative in a receiving state by a parent with the legal authority to make such a placement. However, the placement is not intended to effectuate an adoption.

(3) The interstate placement of a child by one (1) relative with the lawful authority to make such a placement directly with a relative in a receiving state.

(4) The placement of a child not subject to subsection (a) into a residential facility by the child's parent.

(5) The placement of a child with a noncustodial parent if:

(A) the noncustodial parent proves to the satisfaction of a court in the sending state a substantial relationship with the child;

(B) the court in the sending state makes a written finding that placement with the noncustodial parent is in the best interests of the child; and

(C) the court in the sending state dismisses its jurisdiction in an interstate placement in which the public child placing agency is a party to the proceeding.

(6) A child entering the United States from a foreign country for the purpose of adoption or leaving the United States to go to a foreign country for the purpose of adoption in that country.

(7) Cases in which a United States citizen child living overseas with the child's family, at least one (1) member of which is in the United States armed services and is stationed overseas, is removed and placed in a state.

(8) The sending of a child by a public child placing agency or a private child placing agency for a visit as defined by the rules of the interstate commission.

(c) For purposes of determining the applicability of this compact to the placement of a child with a family having a member in the United States armed services, the public child placing agency or private child placing agency may choose the state of the service member's permanent duty station or the service member's declared legal residence.

(d) This compact shall not be construed to prohibit the concurrent application of the provisions of this compact with other applicable interstate compacts, including the interstate compact for juveniles and the interstate compact on adoption and medical assistance. The interstate commission may, in cooperation with other interstate compact commissions having responsibility for the interstate movement, placement, or transfer of children, promulgate like rules to ensure the coordination of services, the timely placement of children, and the reduction of unnecessary or duplicative administrative or procedural requirements.

ARTICLE IV. JURISDICTION

(a) Except as provided in subsection (h) and ARTICLE V, subsection (b)(2) and (b)(3), concerning private and independent adoptions, and in interstate placements in which the public child placing agency is not a party to a custody proceeding, the sending state retains jurisdiction over a child with respect to all matters of custody and disposition of the child which it would have had if the child had remained in the sending state. Jurisdiction also includes the power to order the return of the child to the sending state.

(b) When an issue of child protection or custody is brought before a court in the receiving state, the court shall confer with the court of the sending state to determine the most appropriate forum for adjudication.

(c) In cases that are before a court and are subject to this compact, the taking of testimony for hearings before any judicial officer may occur in person, by telephone, by audio-video conference, or by other means approved by the Interstate Commission. Judicial officers may communicate with other judicial officers and persons involved in the interstate process as permitted by the canons of judicial conduct and any rules adopted by the Interstate Commission.

(d) In accordance with its own laws, the court in the sending state shall have authority to terminate its jurisdiction if:

(1) the parent with whom the child is reunified in the receiving state is the subject of allegations or findings of abuse or neglect, but only with the concurrence of the public child placing agency in the receiving state;

(2) the child is adopted;

(3) the child reaches the age of majority under the laws of the sending state;

(4) the child achieves legal independence under the laws of the sending state;

(5) a guardianship is created by a court in the receiving state with the concurrence of the court in the sending state;

(6) an Indian tribe has petitioned for and received jurisdiction from the court in the sending state; or

(7) the public child placing agency of the sending state requests termination and has obtained the concurrence of the public child placing agency in the receiving state.

(e) When a sending state court terminates its jurisdiction, the receiving state child placing agency shall be notified.

(f) Nothing in this article shall defeat a claim of jurisdiction by a receiving state court sufficient to deal with an act of truancy, delinquency, crime, or behavior that involves a child as defined by the laws of the receiving state, that is committed by the child in the receiving state, and that would be a violation of the laws of the receiving state.

(g) This article does not limit the receiving state's ability to take emergency jurisdiction for the protection of the child.

(h) The substantive laws of the state in which an adoption will be finalized shall solely govern all issues relating to the adoption of the child, and the court in which the adoption proceeding is filed has subject matter jurisdiction regarding all substantive issues relating to the adoption, except:

(1) when the child is a ward of another court that established jurisdiction over the child prior to the placement;

(2) when the child is in the legal custody of a public agency in the sending state; or

(3) when a court in the sending state has otherwise appropriately assumed jurisdiction over the child, prior to the submission of the request for approval of placement.

(i) A final decree of adoption shall not be entered in any jurisdiction until the placement is authorized as an approved placement by the public child placing agency in the receiving state.

ARTICLE V. PLACEMENT EVALUATION

(a) Before sending, bringing, or causing a child to be sent or brought into a receiving state, the public child placing agency shall provide a written request for assessment to the receiving state.

(b) For placements by a private child placing agency, a child may be sent or brought, or caused to be sent or brought, into a receiving state, upon receipt and immediate review of the required content in a request for approval of a placement by both the sending state's and the receiving state's public child placing agency. The required content to accompany a request for approval shall include all of the following:

(1) A request for approval identifying the child, the birth parent(s), the prospective adoptive parent(s), and the supervising agency, signed by the person requesting approval.

(2) The appropriate consents or relinquishments signed by the birth parents in accordance with the laws of the sending state, or where permitted, the laws of the state where the adoption will be finalized.

(3) Certification by a licensed attorney or authorized agent of a private adoption agency that the consent or relinquishment is in compliance with the applicable laws of the sending state, or where permitted the laws of the state where finalization of the adoption will occur.

(4) A home study.

(5) An acknowledgment of legal risk signed by the prospective adoptive parents.

(c) The sending state and the receiving state may request additional information or documents before finalization of an approved placement, but they may not delay travel by the prospective adoptive parents with the child if the required content for approval has been submitted and has been received and reviewed by the public child placing agency in both the sending state and the receiving state.

(d) Approval from the public child placing agency in the receiving state for a provisional or approved placement is required as provided for in the rules of the interstate commission.

(e) The procedures for making and the request for an assessment shall contain all information and be in such form as provided for in the rules of the interstate commission.

(f) Upon receipt of a request from the public child placing agency of the sending state, the receiving state shall initiate an assessment of the proposed placement to determine its safety and suitability. If the proposed placement is a placement with a relative, the public child placing agency of the sending state may request a determination for a provisional placement.

(g) The public child placing agency in the receiving state may request from the public child placing agency or the private child placing agency in the sending state, and shall be entitled to receive, supporting or additional information necessary to complete the assessment or approve the placement.

(h) The public child placing agency in the receiving state shall approve a provisional placement and complete or arrange for the completion of the assessment within the timeframes established by the rules of the interstate commission.

(i) For a placement by a private child placing agency, the sending state shall not impose any additional requirements to complete the home study that are not required by the receiving state, unless the adoption is finalized in the sending state.

(j) The interstate commission may develop uniform standards for the assessment of the safety and suitability of interstate placements.

ARTICLE VI. PLACEMENT AUTHORITY

(a) Except as otherwise provided in this compact, no child subject to this compact shall be placed into a receiving state until approval for such placement is obtained.

(b) If the public child placing agency in the receiving state does not approve the proposed placement, the child shall not be placed. The receiving state shall provide written documentation of any such determination in accordance with the rules promulgated by the interstate commission. Such a determination is not subject to judicial review in the sending state.

(c) If the proposed placement is not approved, any interested party shall have standing to seek an administrative review of the receiving state's determination.

(d) The administrative review and any further judicial review associated with the determination shall be conducted in the receiving state under its applicable administrative procedures.

(e) If a determination not to approve the placement of the child in the receiving state is overturned upon review, the placement shall be considered approved. However, all administrative or judicial remedies must be exhausted or the time for such remedies must have passed.

ARTICLE VII. PLACING AGENCY RESPONSIBILITY

(a) For the interstate placement of a child made by a public child placing agency or state court:

(1) the public child placing agency in the sending state shall have financial responsibility for:

(A) the ongoing support and maintenance for the child during the period of the placement, unless otherwise provided for in the receiving state; and

(B) as determined by the public child placing agency in the sending state, services for the child beyond the public services for which the child is eligible in the receiving state;

(2) the receiving state shall have financial responsibility only for:

(A) any assessment conducted by the receiving state; and

(B) supervision conducted by the receiving state at the level necessary to support the placement as agreed upon by the public child placing agencies of the receiving and sending states; and

(3) nothing in this provision prohibits public child placing agencies in the sending state from entering into agreements with licensed agencies or persons in the receiving state to conduct assessments and provide supervision.

(b) For the placement of a child by a private child placing agency preliminary to a possible adoption, the private child placing agency shall be:

(1) legally responsible for the child during the period of placement as provided for in the law of the sending state until the finalization of the adoption; and

(2) financially responsible for the child absent a contractual agreement to the contrary.

(c) The public child placing agency in the receiving state shall provide timely assessments, as provided for in the rules of the interstate commission.

(d) The public child placing agency in the receiving state shall provide, or arrange for the provision of, supervision and services for the child, including timely reports, during the period of the placement.

(e) This compact does not limit the authority of the public child placing agency in the receiving state to contract with a licensed agency or person in the receiving state for an assessment or the provision of supervision or services for the child or otherwise authorize the provision of supervision or services by a licensed agency during the period of placement.

(f) Each member state shall provide for coordination among its branches of government concerning the state's participation in, and compliance with, the compact and interstate commission activities, through the creation of an advisory council or use of an existing body or board.

(g) Each member state shall establish a central state compact office, which shall be responsible for state compliance with the compact and the rules of the interstate commission.

(h) The public child placing agency in the sending state shall oversee compliance with the provisions of the Indian Child Welfare Act (25 U.S.C. 1901 et seq.) for placements subject to the provisions of this compact, before placement.

(i) With the consent of the interstate commission, states may enter into limited agreements that facilitate the timely assessment and provision of services and supervision of placements under this compact.

ARTICLE VIII. INTERSTATE COMMISSION FOR THE

PLACEMENT OF CHILDREN

The member states hereby establish, by way of this compact, a commission known as the "interstate commission for the placement of children". The activities of the interstate commission are the formation of public policy and are a discretionary state function. The interstate commission:

(1) is a joint commission of the member states and shall have the responsibilities, powers, and duties set forth herein, and such additional powers as may be conferred upon it by subsequent concurrent action of the respective legislatures of the member states;

(2) consists of one (1) commissioner from each member state, who shall be appointed by the executive head of the state human services administration with ultimate responsibility for the child welfare program, and who shall have the legal authority to vote on policy related matters governed by this compact binding the state;

(3) operates under:

(A) a requirement that each member state represented at a meeting of the interstate commission is entitled to one (1) vote;

(B) a requirement that a majority of the member states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the interstate commission;

(C) a requirement that a representative shall not delegate a vote to another member state;

(D) a requirement that a representative may delegate voting authority to another person from the same member state for a specified meeting; and

(E) a requirement that the interstate commission shall include, in addition to the commissioners of each member state, persons who are members of interested organizations as defined in the bylaws or rules of the interstate commission and who shall be ex officio and shall not be entitled to vote on any matter before the interstate commission; and

(4) shall establish an executive committee, which shall have the authority to administer the day to day operations and administration of the interstate commission but does not have the power to engage in rulemaking.

ARTICLE IX. POWERS AND DUTIES OF THE INTERSTATE

COMMISSION

The interstate commission has powers to do the following:

(1) Promulgate rules and take all necessary actions to effect the goals, purposes, and obligations as enumerated in this compact.

(2) Provide for dispute resolution among member states.

(3) Issue, upon request of a member state, advisory opinions concerning the meaning or interpretation of the interstate compact or the interstate commission's bylaws, rules, or actions.

(4) Enforce compliance with this compact or the bylaws or rules of the interstate commission under Article XII.

(5) Collect standardized data concerning the interstate placement of children subject to this compact as directed through its rules, which shall specify the data to be collected, the means of collection and data exchange, and reporting requirements.

(6) Establish and maintain offices as may be necessary for the transacting of its business.

(7) Purchase and maintain insurance and bonds.

(8) Hire or contract for services of personnel or consultants as necessary to carry out its functions under the compact and establish personnel qualification policies and rates of compensation.

(9) Establish and appoint committees and officers, including, but not limited to, an executive committee as required by Article X.

(10) Accept any and all donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of the donations and grants.

(11) Lease, purchase, accept contributions or donations of, or otherwise own, hold, improve, or use any property, whether real, personal, or mixed.

(12) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, whether real, personal, or mixed.

(13) Establish a budget and make expenditures.

(14) Adopt a seal and bylaws governing the management and operation of the interstate commission.

(15) Report annually to the legislatures, the governors, the judiciary, and the state advisory councils of the member states concerning the activities of the interstate commission during the preceding year. Such reports shall also include any recommendations that may have been adopted by the interstate commission.

(16) Coordinate and provide education, training, and public awareness regarding the interstate movement of children for officials involved in such activity.

(17) Maintain books and records in accordance with the bylaws of the interstate commission.

(18) Perform such functions as may be necessary or appropriate to achieve the purposes of this compact.

ARTICLE X. ORGANIZATION AND OPERATION OF THE

INTERSTATE COMMISSION

(a) Bylaws.

(1) Within twelve (12) months after the first interstate commission meeting, the interstate commission shall adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of this compact.

(2) The interstate commission's bylaws and rules shall establish conditions and procedures under which the interstate commission shall make its information and official records available to the public for inspection or copying. The interstate commission may exempt from disclosure information or official records to the extent they would adversely affect personal privacy rights or proprietary interests.

(b) Meetings.

(1) The interstate commission shall meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of a simple majority of the member states, shall call additional meetings.

(2) Public notice shall be given by the interstate commission of all meetings, and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the compact. The interstate commission and its committees may close a meeting, or part of a meeting, where it determines by two-thirds (2/3) vote that an open meeting would be likely to:

(A) relate solely to the interstate commission's internal personnel practices and procedures;

(B) disclose matters specifically exempted from disclosure by federal law;

(C) disclose financial or commercial information that is privileged, proprietary, or confidential in nature;

(D) involve accusing a person of a crime, or formally censuring a person;

(E) disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy or physically endanger one (1) or more persons;

(F) disclose investigative records compiled for law enforcement purposes; or

(G) specifically relate to the interstate commission's participation in a civil action or other legal proceeding.

(3) For a meeting, or part of a meeting, closed under this provision, the interstate commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exemption provision. The interstate commission shall keep minutes that shall fully and clearly describe all matters discussed in the meeting and shall provide a full and accurate summary of actions taken and the reasons for the actions, including a description of the views expressed and the record of a roll call vote. All documents considered in connection with an action shall be identified in the minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the interstate commission or by court order.

(4) The bylaws may provide for meetings of the interstate commission to be conducted by telecommunication or other electronic communication.

(c) Officers and staff.

(1) The interstate commission may, through its executive committee, appoint or retain a staff director for such period, upon such terms and conditions, and for such compensation as the interstate commission may deem appropriate. The staff director shall serve as secretary to the interstate commission, but shall not have a vote. The staff director may hire and supervise such other staff as may be authorized by the interstate commission.

(2) The interstate commission shall elect, from among its members, a chairperson and a vice chairperson of the executive committee and other necessary officers, each of whom shall have such authority and duties as may be specified in the bylaws.

(d) Qualified immunity, defense, and indemnification.

(1) The interstate commission's staff director and the employees of the commission are immune from suit and liability, either personally or in official capacity, for a claim for damage to or loss of property or personal injury or other civil liability caused or arising out of or relating to any actual or alleged act, error, or omission that occurred, or that the staff director or employee had a reasonable basis for believing occurred, within the scope of commission employment, duties, or responsibilities. The staff director or an employee is not protected from suit or liability for damage, loss, injury, or liability caused by a criminal act or intentional or willful and wanton misconduct.

(2) The liability of the interstate commission's staff director and employees or interstate commission representatives, acting within the scope of such person's employment or duties, for acts, errors, or omissions occurring within such person's state, may not exceed the limits of liability set forth under the Constitution and laws of that state for state officials, employees, and agents. The interstate commission is considered to be an instrumentality of the states for the purposes of any such action. Nothing in this subsection shall be construed to protect such person from suit or liability for damage, loss, injury, or liability caused by a criminal act or the intentional or willful and wanton misconduct of such person.

(3) The interstate commission shall defend the staff director and its employees and, subject to the approval of the attorney general or other appropriate legal counsel of the member state, shall defend the commissioner of a member state in a civil action seeking to impose liability arising out of an actual or alleged act, error, or omission that occurred within the scope of interstate commission employment, duties, or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of interstate commission employment, duties, or responsibilities, if the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such person.

(4) To the extent not covered by the state involved, member state, or the interstate commission, the representatives or employees of the interstate commission shall be held harmless in the amount of a settlement or judgment, including attorney's fees and costs, obtained against such persons arising out of an actual or alleged act, error, or omission that occurred within the scope of interstate commission employment, duties, or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of interstate commission employment, duties, or responsibilities, if the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such persons.

ARTICLE XI. RULEMAKING FUNCTIONS OF THE

INTERSTATE COMMISSION

(a) The interstate commission shall promulgate and publish rules in order to effectively and efficiently achieve the purposes of the compact.

(b) Rulemaking shall occur under the criteria set forth in this article and the bylaws and rules adopted pursuant thereto. Such rulemaking shall substantially conform to the principles of the "Model State Administrative Procedures Act," 1981 Act, Uniform Laws Annotated, Vol. 15, p. 1 (2000), or such other administrative procedure acts as the interstate commission deems appropriate and consistent with due process requirements under the United States Constitution as now or hereafter interpreted by the United States Supreme Court. All rules and amendments shall become binding as of the date specified, as published with the final version of the rule as approved by the interstate commission.

(c) When promulgating a rule, the interstate commission shall, at a minimum:

(1) publish the proposed rule's entire text, stating the reasons for that proposed rule;

(2) allow and invite any and all persons to submit written data, facts, opinions, and arguments, which information shall be added to the record and be made publicly available; and

(3) promulgate a final rule and its effective date, if appropriate, based on input from state or local officials or interested parties.

(d) Rules promulgated by the interstate commission shall have the force and effect of administrative rules and shall be binding in the compacting states to the extent and in the manner provided for in this compact.

(e) Not later than sixty (60) days after a rule is promulgated, an interested person may file a petition in the U.S. District Court for the District of Columbia or in the federal district court of the district where the interstate commission's principal office is located for judicial review of such rule. If the court finds that the interstate commission's action is not supported by substantial evidence in the rulemaking record, the court shall hold the rule unlawful and set it aside.

(f) A majority of the legislatures of the member states may reject a rule by enacting, in the same manner used to adopt the compact, a statute or resolution that provides that the rule shall have no further force and effect in any member state.

(g) The existing rules governing the operation of the interstate compact on the placement of children that are superseded by this act shall be null and void not less than twelve (12), but not more than twenty-four (24), months after the first meeting of the interstate commission created hereunder, as determined by the members during the first meeting.

(h) Within the first twelve (12) months of operation, the interstate commission shall promulgate rules addressing the following:

(1) Transition rules.

(2) Forms and procedures.

(3) Time lines.

(4) Data collection and reporting.

(5) Rulemaking.

(6) Visitation.

(7) Progress reports/supervision.

(8) Sharing of information/confidentiality.

(9) Financing of the interstate commission.

(10) Mediation, arbitration, and dispute resolution.

(11) Education, training, and technical assistance.

(12) Enforcement.

(13) Coordination with other interstate compacts.

(i) Upon determination by a majority of the members of the interstate commission that an emergency exists:

(1) the interstate commission may promulgate an emergency rule only if the emergency rule is required to:

(A) protect the children covered by this compact from an imminent threat to their health, safety, and well-being;

(B) prevent loss of federal or state funds; or

(C) meet a deadline for the promulgation of an administrative rule required by federal law;

(2) an emergency rule shall become effective immediately upon adoption, provided that the usual rulemaking procedures provided hereunder shall be retroactively applied to the rule as soon as reasonably possible, but not later than ninety (90) days after the effective date of the emergency rule; and

(3) an emergency rule shall be promulgated as provided for in the rules of the interstate commission.

ARTICLE XII. OVERSIGHT, DISPUTE RESOLUTION,

ENFORCEMENT

(a) Oversight.

(1) The interstate commission shall oversee the administration and operation of the compact.

(2) The executive, legislative, and judicial branches of state government in each member state shall enforce this compact and the rules of the interstate commission and shall take all actions necessary and appropriate to effectuate the compact's purposes and intent. The compact and its rules shall be binding in the compacting states to the extent and in the manner provided for in this compact.

(3) All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this compact.

(4) The interstate commission shall be entitled to receive service of process in any action in which the validity of a compact provision or rule is the issue for which a judicial determination has been sought and shall have standing to intervene in any proceedings. Failure to provide service of process to the interstate commission shall render any judgment, order, or other determination, however so captioned or classified, void as to the interstate commission, this compact, or the bylaws or rules of the interstate commission.

(b) Dispute resolution.

(1) The interstate commission shall attempt, upon the request of a member state, to resolve disputes that are subject to the compact and that may arise among member states and between member and nonmember states.

(2) The interstate commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes among compacting states. The costs of such mediation or dispute resolution shall be the responsibility of the parties to the dispute.

(c) Enforcement.

(1) If the interstate commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact, its bylaws, or rules, the interstate commission may:

(A) provide remedial training and specific technical assistance;

(B) provide written notice to the defaulting state and other member states of the nature of the default and the means of curing the default. The interstate commission shall specify the conditions by which the defaulting state must cure its default;

(C) by majority vote of the members, initiate against a defaulting member state legal action in the United States District Court for the District of Columbia or, at the discretion of the interstate commission, in the federal district where the interstate commission has its principal office, to enforce compliance with the provisions of the compact or with the interstate commission's bylaws or rules. The relief sought may include both injunctive relief and damages. If judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney's fees; or

(D) avail itself of any other remedies available under state law or the rules relating to the regulation of official or professional conduct.

ARTICLE XIII. FINANCING OF THE COMMISSION

(a) The interstate commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization, and ongoing activities.

(b) The interstate commission may levy on and collect an annual assessment from each member state to cover the cost of the operations and activities of the interstate commission and its staff, which must be in a total amount sufficient to cover the interstate commission's annual budget as approved by its members each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the interstate commission, which shall promulgate a rule binding upon all member states.

(c) The interstate commission shall not incur obligations of any kind before securing the funds adequate to meet the obligations. The interstate commission shall not pledge the credit of any of the member states, except by and with the authority of the member state.

(d) The interstate commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the interstate commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the interstate commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the interstate commission.

ARTICLE XIV. MEMBER STATES, EFFECTIVE DATE, AND

AMENDMENT

(a) Any state is eligible to become a member state.

(b) The compact shall become effective and binding upon legislative enactment of the compact into law by thirty-five (35) states. The effective date shall be the later of July 1, 2007, or upon enactment of the compact into law by the thirty-fifth state. Thereafter, the compact shall become effective and binding as to any other member state upon enactment of the compact into law by that state. The executive heads of the state human services administration with ultimate responsibility for the child welfare program of nonmember states or their designees shall be invited to participate in the activities of the interstate commission on a nonvoting basis before adoption of the compact by all states.

(c) The interstate commission may propose amendments to the compact for enactment by the member states. No amendment shall become effective and binding on the member states unless and until it is enacted into law by unanimous consent of the member states.

ARTICLE XV. WITHDRAWAL AND DISSOLUTION

(a) Withdrawal.

(1) Once effective, this compact continues in force and remains binding upon each and every member state. However, a member state may withdraw from the compact by specifically repealing the statute that enacted the compact into law.

(2) Withdrawal from this compact shall be by the enactment of a statute repealing the statute establishing the compact. The effective date of withdrawal is the effective date of the repeal of the statute.

(3) The withdrawing state shall immediately notify the president of the interstate commission in writing upon the introduction of legislation repealing this compact in the withdrawing state. The interstate commission shall then notify the other member states of the withdrawing state's intent to withdraw.

(4) The withdrawing state is responsible for all assessments, obligations, and liabilities incurred through the effective date of withdrawal.

(5) Reinstatement following withdrawal of a member state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the members of the interstate commission.

(b) Dissolution of compact.

(1) This compact shall dissolve effective upon the date of the withdrawal or default of the member state that reduces the membership in the compact to one (1) member state.

(2) Upon the dissolution of this compact, the compact becomes void and is of no further force or effect, and the business and affairs of the interstate commission shall be concluded and surplus funds shall be distributed in accordance with the bylaws.

ARTICLE XVI. SEVERABILITY AND CONSTRUCTION

(a) The provisions of this compact shall be severable, and if any phrase, clause, sentence, or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.

(b) The provisions of this compact shall be liberally construed to effectuate its purposes.

(c) Nothing in this compact shall be construed to prohibit the concurrent applicability of other interstate compacts to which the states are members.

ARTICLE XVII. BINDING EFFECT OF COMPACT AND OTHER

LAWS

(a) This compact does not prevent the enforcement of any other law of a member state that is not inconsistent with this compact.

(b) Binding effect of this compact.

(1) All lawful actions of the interstate commission, including all rules and bylaws promulgated by the interstate commission, are binding upon the member states.

(2) All agreements between the interstate commission and the member states are binding in accordance with their terms.

(3) If any provision of this compact exceeds the constitutional limits imposed on the legislature of any member state, the provision is ineffective to the extent of the conflict with the constitutional provision in question in that member state.

ARTICLE XVIII. INDIAN TRIBES

Notwithstanding any other provision in this compact, the interstate commission may promulgate guidelines to permit Indian tribes to utilize the compact to achieve any or all of the purposes of the compact as specified in Article I. The interstate commission shall make reasonable efforts to consult with Indian tribes in promulgating guidelines to reflect the diverse circumstances of the various Indian tribes.

As added by P.L.143-2008, SEC.12. Amended by P.L.128-2012, SEC.152.
Ind. Code § 31-35-4-3 — Indiana Code / Title 31 / Article 35 / Chapter 4 / Section 31-35-4-3
Requirements for admissibility of statements or videotapes
Status: in_force

Sec. 3. A statement or videotape described in section 2 of this chapter is admissible in evidence in an action to determine whether the parent-child relationship should be terminated if, after notice to the parties of a hearing and of their right to be present:

(1) the court finds that the time, content, and circumstances of the statement or videotape and any other evidence provide sufficient indications of reliability; and

(2) the child:

(A) testifies at the proceeding to determine whether the parent-child relationship should be terminated;

(B) was available for face-to-face cross-examination when the statement or videotape was made; or

(C) is found by the court to be unavailable as a witness because:

(i) a psychiatrist, physician, or psychologist has certified that the child's participation in the proceeding creates a substantial likelihood of emotional or mental harm to the child;

(ii) a physician has certified that the child cannot participate in the proceeding for medical reasons; or

(iii) the court has determined that the child is incapable of understanding the nature and obligation of an oath.

[Pre-1997 Recodification Citation: 31-6-15-3 part.]

As added by P.L.1-1997, SEC.18.
Ind. Code § 31-18.5-7-1 — Indiana Code / Title 31 / Article 18.5 / Chapter 7 / Section 31-18.5-7-1
Definitions
Status: in_force

Sec. 1. In this article:

(1) "Application" means a request under the Convention by an obligee, or obligor, or on behalf of a child, made through a central authority for assistance from another central authority.

(2) "Central authority" means the entity designated by the United States or a foreign country described in IC 31-18.5-1-2(5)(D) to perform the functions specified in the Convention.

(3) "Convention support order" means a support order of a tribunal of a foreign country described in IC 31-18.5-1-2(5)(D).

(4) "Direct request" means a petition filed by an individual in an Indiana tribunal in a proceeding involving:

(A) an obligee;

(B) an obligor; or

(C) a child residing outside the United States.

(5) "Foreign central authority" means the entity designated by a foreign country described in IC 31-18.5-1-2(5)(D) to perform the functions specified in the Convention.

(6) "Foreign support agreement":

(A) means an agreement for support in a record that:

(i) is enforceable as a support order in the country of origin;

(ii) has been formally drawn up or registered as an authentic instrument by a foreign tribunal or authenticated by, or concluded, registered, or filed with a foreign tribunal; and

(iii) may be reviewed and modified by a foreign tribunal; and

(B) includes a maintenance arrangement or authentic instrument under the Convention.

(7) "United States central authority" means the Secretary of the United States Department of Health and Human Services.

As added by P.L.206-2015, SEC.53.
Ind. Code § 31-35-6-4 — Indiana Code / Title 31 / Article 35 / Chapter 6 / Section 31-35-6-4
Rights, privileges, and obligations of parent and child upon termination of relationship
Status: in_force

Sec. 4. (a) If the juvenile or probate court terminates the parent-child relationship:

(1) all rights, powers, privileges, immunities, duties, and obligations, including any rights to custody, control, parenting time, or support, pertaining to the relationship, are permanently terminated; and

(2) the parent's consent to the child's adoption is not required.

(b) Any support obligations that accrued before the termination are not affected. However, the support payments shall be made under the juvenile or probate court's order.

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

As added by P.L.1-1997, SEC.18. Amended by P.L.68-2005, SEC.57.
Ind. Code § 31-19-24-11 — Indiana Code / Title 31 / Article 19 / Chapter 24 / Section 31-19-24-11
Imminent threat of death or serious bodily injury; proceedings without written pleadings
Status: in_force

Sec. 11. If an imminent threat of death or serious bodily injury exists, the court may conduct the proceedings authorized by this chapter without written pleadings.

[Pre-1997 Recodification Citation: 31-3-4-22(i).]

As added by P.L.1-1997, SEC.11.
Ind. Code § 31-37-6-2 — Indiana Code / Title 31 / Article 37 / Chapter 6 / Section 31-37-6-2
Time for hearing
Status: in_force

Sec. 2. If a child is not released, a detention hearing shall be held not later than forty-eight (48) hours, excluding Saturdays, Sundays, and legal holidays, after the child is taken into custody.

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

As added by P.L.1-1997, SEC.20.
Ind. Code § 31-9-2.1-109 — Indiana Code / Title 31 / Article 9 / Chapter 2.1 / Section 31-9-2.1-109
"Foster parent"
Status: in_force

Sec. 109. "Foster parent", for purposes of the juvenile law, means an individual who provides care and supervision to a child in a foster family home (as defined in section 108 of this chapter). The term includes a licensed kinship caregiver and an unlicensed kinship caregiver.

As added by P.L.145-2026, SEC.161.
Ind. Code § 31-37-12-6 — Indiana Code / Title 31 / Article 37 / Chapter 12 / Section 31-37-12-6
Duty to inform parent or guardian of estate of effect of adjudication
Status: in_force

Sec. 6. The juvenile court shall inform the parent or guardian of the estate of the following if a child is adjudicated a delinquent child:

(1) The parent, guardian, or custodian of the child may be required to participate in a program of care, treatment, or rehabilitation for the child.

(2) The parent or guardian may be held financially responsible for services provided for the child or the parent or guardian.

(3) The parent, guardian, or custodian of the child may controvert:

(A) an allegation made at the dispositional or other hearing concerning the participation of the parent, guardian, or custodian; or

(B) an allegation concerning the financial responsibility of the parent, guardian, or custodian for services that would be provided.

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

As added by P.L.1-1997, SEC.20.
Ind. Code § 31-9-2.1-68 — Indiana Code / Title 31 / Article 9 / Chapter 2.1 / Section 31-9-2.1-68
"Crime"
Status: in_force

Sec. 68. "Crime", for purposes of the juvenile law, means an offense for which an adult might be imprisoned or incarcerated if convicted under the law of the jurisdiction in which the offense is committed.

As added by P.L.145-2026, SEC.161.
Ind. Code § 31-33-26-1 — Indiana Code / Title 31 / Article 33 / Chapter 26 / Section 31-33-26-1
"Child care provider"; "index"
Status: in_force

Sec. 1. (a) As used in this chapter, "child care provider" means a person who:

(1) provides child care (as defined in IC 12-7-2.1-54) regardless of whether the person is required to be licensed or registered under IC 12-17.2; or

(2) is a child caring institution, a foster family home, a group home, or a child placing agency that is licensed or required to be licensed under IC 31-27.

(b) As used in this chapter, "index" refers to the child protection index established under section 2 of this chapter.

As added by P.L.138-2007, SEC.67. Amended by P.L.145-2026, SEC.200.
Ind. Code § 31-35-3.5-6 — Indiana Code / Title 31 / Article 35 / Chapter 3.5 / Section 31-35-3.5-6
Commission of rape is prima facie evidence that termination of parental rights is in the best interests of a child conceived as a result of the rape
Status: in_force

Sec. 6. A showing by clear and convincing evidence that:

(1) the alleged perpetrator committed an act of rape against a parent described in section 5(2)(A) of this chapter; and

(2) the child was conceived as a result of the act of rape;

is prima facie evidence that termination of the parent-child relationship between the alleged perpetrator and the child is in the best interests of the child.

As added by P.L.64-2016, SEC.3.
Ind. Code § 31-27-4-6 — Indiana Code / Title 31 / Article 27 / Chapter 4 / Section 31-27-4-6
Grounds for denial of license applications; 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;

(B) an employee or a volunteer of the applicant who has direct contact, on a regular and continuous basis, with children who are under the direct supervision of the applicant; or

(C) a person residing in the applicant's residence.

(2) A criminal conviction of the applicant of 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 care center or child care home without a license under IC 12-17.2-5; or

(D) a misdemeanor for operating a foster family home without a license under this chapter (or IC 12-17.4-4 before its repeal).

(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;

(B) an employee or a volunteer of the applicant who has direct contact, on a regular and continuous basis, with children who are under the direct supervision of the applicant; or

(C) a person residing in the applicant's residence;

previously operated a child care center or child care home without a license under IC 12-17.2-5 or a foster family home without a license under this chapter (or IC 12-17.4-4 before its repeal).

(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.

(b) An application for a license may also be denied if an individual who resides in the residence of the applicant or an employee or volunteer of the applicant who has direct contact on a regular and continuous basis with children who are under the direct supervision 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 or to permit the individual to reside in the applicant's residence.

(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:

(A) employ or assign the person as a volunteer in a position described in this subsection; or

(B) permit the individual to reside in the applicant's residence.

(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 or volunteer assignment.

(5) The nature and extent of unsupervised contact with children residing in the home.

(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, a volunteer, or a person residing in the residence of the applicant; and

(2) the department determines that the employee or volunteer has been dismissed before the employee or volunteer has direct contact on a regular and continuing basis with a child who is or will be placed in a facility operated by the applicant or that the person residing in the residence no longer resides there;

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

(e) The following do not constitute a sufficient basis for the denial of a license application:

(1) The applicant's immunization status or refusal to receive an immunization.

(2) The immunization status of or refusal to receive an immunization by:

(A) an individual who resides in the applicant's residence; or

(B) an employee or volunteer of the applicant who has direct contact on a regular and continuous basis with children who are under the direct supervision of the applicant.

(f) Nothing in this section prohibits a licensed child placing agency from making placement decisions based on the individual needs of a medically fragile child or on biological parental preferences.

(g) 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.52; P.L.162-2011, SEC.29; P.L.128-2012, SEC.109; P.L.183-2017, SEC.18; P.L.45-2023, SEC.4; P.L.145-2026, SEC.179.
Ind. Code § 31-19-9-4 — Indiana Code / Title 31 / Article 19 / Chapter 9 / Section 31-19-9-4
Forms
Status: in_force

Sec. 4. The department may furnish to the clerks of courts prescribed forms for use by parents or other persons when giving consent to adoption.

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

As added by P.L.1-1997, SEC.11. Amended by P.L.145-2006, SEC.252.
Ind. Code § 31-27-3-21 — Indiana Code / Title 31 / Article 27 / Chapter 3 / Section 31-27-3-21
Procedure for administrative hearings
Status: in_force

Sec. 21. A hearing requested under section 20 of this chapter shall be held in accordance with IC 4-21.5-3.

As added by P.L.145-2006, SEC.273.
Ind. Code § 31-16-6-7 — Indiana Code / Title 31 / Article 16 / Chapter 6 / Section 31-16-6-7
Effect of child's emancipation or death of parent obligated to pay support
Status: in_force

Sec. 7. (a) Unless otherwise agreed in writing or expressly provided in the order, provisions for child support are terminated:

(1) by the emancipation of the child; but

(2) not by the death of the parent obligated to pay the child support.

(b) If the parent obligated to pay support dies, the amount of support may be modified or revoked to the extent just and appropriate under the circumstances on petition of representatives of the parent's estate.

[Pre-1997 Recodification Citation: 31-1-11.5-17(d).]

As added by P.L.1-1997, SEC.8.
Ind. Code § 31-33-27-1 — Indiana Code / Title 31 / Article 33 / Chapter 27 / Section 31-33-27-1
"Expunge" or "Expungement"
Status: in_force

Sec. 1. As used in this chapter, "expunge" or "expungement" means:

(1) the removal or deletion of all information maintained by the department concerning a report, assessment, or determination under this article relating to an incident or condition of child abuse or neglect; and

(2) the destruction or delivery of the information to a person to whom the information pertains.

As added by P.L.48-2012, SEC.56.
Ind. Code § 31-34-18-4 — Indiana Code / Title 31 / Article 34 / Chapter 18 / Section 31-34-18-4
Recommendation on care, treatment, rehabilitation, or placement
Status: in_force

Sec. 4. If consistent with the safety and best interest of the child and the community, the person preparing the report shall recommend care, treatment, rehabilitation, or placement that:

(1) is:

(A) in the least restrictive (most family like) and most appropriate setting available; and

(B) close to the parents' home, consistent with the best interest and special needs of the child;

(2) least interferes with family autonomy;

(3) is least disruptive of family life;

(4) imposes the least restraint on the freedom of the child and the child's parent, guardian, or custodian; and

(5) provides a reasonable opportunity for participation by the child's parent, guardian, or custodian.

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

As added by P.L.1-1997, SEC.17. Amended by P.L.55-1997, SEC.18.
Ind. Code § 31-34-20-5 — Indiana Code / Title 31 / Article 34 / Chapter 20 / Section 31-34-20-5
Determination and reporting of legal settlement of child
Status: in_force

Sec. 5. (a) This section applies if the department or a juvenile court:

(1) places a child;

(2) changes the placement of a child; or

(3) reviews the implementation of a decree under IC 31-34-21 of a child placed;

in a state licensed private or public health care facility, child care facility, foster family home, or the home of a relative or other unlicensed caretaker.

(b) The juvenile court shall do the following:

(1) Make findings of fact concerning the legal settlement of the child.

(2) Apply IC 20-26-11-2(a)(1) through IC 20-26-11-2(a)(8) to determine where the child has legal settlement.

(3) Include the findings of fact required by this section in:

(A) the dispositional order;

(B) the modification order; or

(C) the other decree;

making or changing the placement of the child.

(c) The juvenile court may determine that the legal settlement of the child is in the school corporation in which the child will attend school under IC 20-26-11-8(d).

(d) The juvenile court shall comply with the reporting requirements under IC 20-26-11-9 concerning the legal settlement of the child.

(e) The department or a juvenile court may place a child in a public school, regardless of whether the public school has a waiting list for admissions, if the department or juvenile court determines that the school's program meets the child's educational needs and the school agrees to the placement. A placement under this subsection does not affect the legal settlement of the child.

[Pre-1997 Recodification Citation: 31-6-4-18.5(b) part, (d) part.]

As added by P.L.1-1997, SEC.17. Amended by P.L.1-2005, SEC.205; P.L.13-2006, SEC.5; P.L.159-2007, SEC.5; P.L.146-2008, SEC.604; P.L.65-2012, SEC.6; P.L.160-2012, SEC.57; P.L.38-2020, SEC.13.
Ind. Code § 31-17-2-6 — Indiana Code / Title 31 / Article 17 / Chapter 2 / Section 31-17-2-6
Hearing
Status: in_force

Sec. 6. Custody proceedings must receive priority in being set for hearing.

[Pre-1997 Recodification Citation: 31-1-11.5-23(a).]

As added by P.L.1-1997, SEC.9.
Ind. Code § 31-27-3-3.5 — Indiana Code / Title 31 / Article 27 / Chapter 3 / Section 31-27-3-3.5
Employee completion of federally mandated background check
Status: in_force

Sec. 3.5. (a) An employee of a child caring institution shall undergo a background check to which the employee is required by federal law to submit for purposes of the employee's provision of child welfare services:

(1) not later than four (4) years after the individual's date of hire; and

(2) one (1) time every four (4) years thereafter.

(b) If an employee described in subsection (a) has completed the federally required background check to provide child welfare services, the employee is not required to complete a separate background check for providing additional child welfare services for the same employer.

As added by P.L.62-2026, SEC.4.
Ind. Code § 31-21-6-4 — Indiana Code / Title 31 / Article 21 / Chapter 6 / Section 31-21-6-4
Registry of child custody determinations made in another state; registering court duties; notice requirements
Status: in_force

Sec. 4. (a) A child custody determination issued by a court of another state may be registered in Indiana, with or without a simultaneous request for enforcement, by sending the following to the appropriate Indiana court:

(1) A letter or other document requesting registration.

(2) Two (2) copies, including one (1) certified copy, of the determination sought to be registered and a statement under penalty of perjury that to the best of the knowledge and belief of the person seeking registration the order has not been modified.

(3) Except as otherwise provided in section 13 of this chapter:

(A) the name and address of the person seeking registration; and

(B) the name of a parent or person acting as a parent who has been awarded custody or visitation in the child custody determination sought to be registered.

(b) On receipt of the documents required by subsection (a), the registering court shall:

(1) cause the determination to be filed as a foreign judgment, together with one (1) copy of the accompanying documents and information, regardless of their form; and

(2) serve notice on each person named under subsection (a)(3) and provide the person with an opportunity to contest the registration in accordance with this section.

(c) The notice required by subsection (b)(2) must state the following:

(1) A registered determination is enforceable as of the date of the registration in the same manner as a child custody determination issued by an Indiana court.

(2) A hearing to contest the validity of the registered determination must be requested not more than twenty (20) days after service of notice.

(3) Failure to contest the registration shall:

(A) result in confirmation of the child custody determination; and

(B) preclude further contest of that determination with respect to a matter that may have otherwise been asserted.

As added by P.L.138-2007, SEC.45.
Ind. Code § 31-32-12-1 — Indiana Code / Title 31 / Article 32 / Chapter 12 / Section 31-32-12-1
Mental or physical examination or treatment
Status: in_force

Sec. 1. If the procedures under IC 31-32-13 are followed, the juvenile court may authorize mental or physical examinations, including drug and alcohol screens, or treatment under the following circumstances:

(1) If the court has not authorized the filing of a petition but a physician certifies that an emergency exists, the court:

(A) may order medical or physical examination or treatment of the child; and

(B) may order the child detained in a health care facility while the emergency exists.

(2) If the court has not authorized the filing of a petition but a physician certifies that continued medical care is necessary to protect the child after the emergency has passed, the court:

(A) may order medical services for a reasonable length of time; and

(B) may order the child detained while medical services are provided.

(3) If the court has authorized the filing of a petition alleging that a child is a delinquent child or a child in need of services, the court may order examination of the child to provide information for the dispositional hearing. The court may also order medical examinations and treatment of the child under any circumstances otherwise permitted by this section.

(4) After a child has been adjudicated a delinquent child or a child in need of services, the court may order examinations and treatment under IC 31-34-20 or IC 31-37-19.

[Pre-1997 Recodification Citation: 31-6-7-12(a).]

As added by P.L.1-1997, SEC.15. Amended by P.L.183-2017, SEC.31.
Ind. Code § 31-25-2-9 — Indiana Code / Title 31 / Article 25 / Chapter 2 / Section 31-25-2-9
Repealed
Status: repealed

As added by P.L.145-2006, SEC.271. Repealed by P.L.1-2009, SEC.174.
Ind. Code § 31-30-4-1 — Indiana Code / Title 31 / Article 30 / Chapter 4 / Section 31-30-4-1
Application
Status: in_force

Sec. 1. This chapter applies to the following:

(1) An offender who:

(A) is less than eighteen (18) years of age;

(B) has been waived to a court with criminal jurisdiction under IC 31-30-3; and

(C) is charged as an adult offender.

(2) An offender who:

(A) is less than eighteen (18) years of age; and

(B) does not come under the jurisdiction of a juvenile court because the offender is charged with an offense listed in IC 31-30-1-4.

As added by P.L.104-2013, SEC.1.
Ind. Code § 31-27-6-17 — Indiana Code / Title 31 / Article 27 / Chapter 6 / Section 31-27-6-17
Administrative hearings
Status: in_force

Sec. 17. An administrative hearing concerning the decision of the department to impose a sanction under this chapter shall be provided upon a written request by the licensee. The request must be made not more than thirty (30) days after the licensee receives notice under section 16 of this chapter. The written request must be made separately from an informal meeting request made under section 16 of this chapter.

As added by P.L.145-2006, SEC.273. Amended by P.L.128-2012, SEC.134.
Ind. Code § 31-18.5-7-10 — Indiana Code / Title 31 / Article 18.5 / Chapter 7 / Section 31-18.5-7-10
Foreign support agreement
Status: in_force

Sec. 10. (a) Except as otherwise provided in subsections (c) and (d), an Indiana tribunal shall recognize and enforce a foreign support agreement registered in Indiana.

(b) An application or direct request for recognition and enforcement of a foreign support agreement must be accompanied by:

(1) a complete text of the foreign support agreement; and

(2) a record stating that the foreign support agreement is enforceable as an order of support in the issuing country.

(c) An Indiana tribunal may vacate the registration of a foreign support agreement only if, acting on its own motion, the tribunal finds that recognition and enforcement would be manifestly incompatible with public policy.

(d) In a contest of a foreign support agreement, an Indiana tribunal may refuse recognition and enforcement of the agreement if it finds:

(1) recognition and enforcement of the agreement is manifestly incompatible with public policy;

(2) the agreement was obtained by fraud or falsification;

(3) the agreement is incompatible with a support order involving the same parties and having the same purpose in Indiana, another state, or a foreign country if the support order is entitled to recognition and enforcement under this article in Indiana; or

(4) the record submitted under subsection (b) lacks authenticity or integrity.

(e) A proceeding for recognition and enforcement of a foreign support agreement must be suspended during the pendency of a challenge to or appeal of the agreement before a tribunal of another state or a foreign country.

As added by P.L.206-2015, SEC.53.
Ind. Code § 31-19-16-2 — Indiana Code / Title 31 / Article 19 / Chapter 16 / Section 31-19-16-2
Procedure
Status: in_force

Sec. 2. A court may grant postadoption contact privileges if:

(1) the court determines that the best interests of the child would be served by granting postadoption contact privileges;

(2) the child is at least twelve (12) months of age and the court finds that there is a significant emotional attachment between the child and the birth parent;

(3) each adoptive parent consents to the granting of postadoption contact privileges;

(4) the adoptive parents and the birth parents:

(A) execute a postadoption contact agreement; and

(B) file the agreement with the court;

(5) the licensed child placing agency sponsoring the adoption and the child's court appointed special advocate or guardian ad litem appointed under IC 31-32-3 recommends to the court the postadoption contact agreement, or if there is no licensed child placing agency sponsoring the adoption, the local office or other agency that prepared an adoption report under IC 31-19-8-5 is informed of the contents of the postadoption contact agreement and comments on the agreement in the agency's report to the court;

(6) consent to postadoption contact is obtained from the child if the child is at least twelve (12) years of age; and

(7) the postadoption contact agreement is approved by the court.

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

As added by P.L.1-1997, SEC.11. Amended by P.L.196-1997, SEC.5; P.L.128-2012, SEC.57; P.L.116-2026, SEC.3; P.L.84-2026, SEC.6.
Ind. Code § 31-33-7-4 — Indiana Code / Title 31 / Article 33 / Chapter 7 / Section 31-33-7-4
Written report; contents
Status: in_force

Sec. 4. (a) Except as provided in subsection (b), the department shall make a written report of a child who may be a victim of child abuse or neglect not later than forty-eight (48) hours after receipt of the oral or written report required of individuals by IC 31-33-5-4.

(b) The department shall make a written report of a child who is a missing child (as defined in IC 10-13-5-4) not later than twenty-four (24) hours after receipt of the oral or written report required of individuals by IC 31-33-5-4.

(c) Written reports under this section must be made on forms supplied by the administrator. The written reports must include, if known, the following information:

(1) The names and addresses of the following:

(A) The child.

(B) The child's parents, guardian, custodian, or other person responsible for the child's care.

(2) The child's age and sex.

(3) The nature and apparent extent of the child's injuries, abuse, or neglect, including any evidence of prior:

(A) injuries of the child; or

(B) abuse or neglect of the child or the child's siblings.

(4) The name of the person allegedly responsible for causing the injury, abuse, or neglect.

(5) The source of the report.

(6) The person making the report and where the person can be reached.

(7) The actions taken by the reporting source, including the following:

(A) Taking of photographs and x-rays.

(B) Removal or keeping of the child.

(C) Notifying the coroner.

(8) The written documentation required by IC 31-34-2-3 if a child was taken into custody without a court order.

(9) If the report concerns a missing child, any information concerning the time and circumstances related to the child becoming a missing child, including the child's last known location.

(10) Any other information that:

(A) the director requires by rule; or

(B) the person making the report believes might be helpful.

[Pre-1997 Recodification Citation: 31-6-11-5(a).]

As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005, SEC.111; P.L.183-2017, SEC.36.
Ind. Code § 31-9-2.1-192 — Indiana Code / Title 31 / Article 9 / Chapter 2.1 / Section 31-9-2.1-192
"Prospective adoptive parent"
Status: in_force

Sec. 192. "Prospective adoptive parent", for purposes of IC 31-19-2-15, means a person who has filed a petition for adoption of a child under IC 31-19-2-2.

As added by P.L.145-2026, SEC.161.
Ind. Code § 31-31-3-2 — Indiana Code / Title 31 / Article 31 / Chapter 3 / Section 31-31-3-2
Magistrates
Status: in_force

Sec. 2. (a) Except as provided in subsection (b), (c), or (d) after June 30, 2014, the judge of the juvenile court may appoint not more than one (1) full-time magistrate under IC 33-23-5.

(b) The judge of the juvenile court may appoint more than one (1) full-time magistrate only if the appointment of an additional magistrate is expressly authorized by the general assembly.

(c) Except as provided in subsection (d), if the judge of the juvenile court appointed one (1) or more full-time magistrates under this section before July 1, 2014, the judge may continue to appoint or reappoint a full-time magistrate to each of those positions after June 30, 2014.

(d) The judges of the Marion County juvenile courts may appoint not more than eleven (11) full-time magistrates under IC 33-23-5.

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

As added by P.L.1-1997, SEC.14. Amended by P.L.98-2004, SEC.109; P.L.23-2014, SEC.1; P.L.113-2014, SEC.119; P.L.224-2025, SEC.1.
Ind. Code § 31-32-6-1 — Indiana Code / Title 31 / Article 32 / Chapter 6 / Section 31-32-6-1
Adults charged with contempt or criminal charges
Status: in_force

Sec. 1. All proceedings in the juvenile court involving adults charged with:

(1) contempt of court; or

(2) criminal charges;

shall be tried in open court.

[Pre-1997 Recodification Citation: 31-6-7-10(a).]

As added by P.L.1-1997, SEC.15.
Ind. Code § 31-16-6-1.5 — Indiana Code / Title 31 / Article 16 / Chapter 6 / Section 31-16-6-1.5
Claiming child for tax purposes; considerations; conditions
Status: in_force

Sec. 1.5. (a) A court shall specify in a child support order which parent of a child may claim the child as a dependent for purposes of federal and state taxes.

(b) In determining which parent may claim the child as a dependent under subsection (a), the court shall consider the following:

(1) The value of claiming the child as a dependent at the marginal tax rate of each parent.

(2) The income of each parent.

(3) The age of the child or children and the number of years that the child or children could be claimed as a dependent or dependents.

(4) Each parent's percentage of the costs of supporting the child or children.

(5) If applicable, the financial aid benefit for postsecondary education for the child or children.

(6) If applicable, the financial burden each parent assumed under the property settlement in a dissolution proceeding.

(7) Any other relevant factors.

(c) If a court designates that the noncustodial parent of a child may claim the child as a dependent for purposes of federal and state taxes, the court shall order the custodial parent of the child to take all actions necessary to release the custodial parent's claim to the exemption in the manner required under Section 152(e) of the Internal Revenue Code.

(d) If a court determines that a parent who is ordered to pay child support may claim the child as a dependent under subsection (a), the court shall include in the order that the parent may only claim the child as a dependent for federal and state tax purposes if the parent has paid at least ninety-five percent (95%) of the parent's child support for the calendar year for which the parent is ordered to claim the child as a dependent by January 31 of the following year.

As added by P.L.210-2011, SEC.4. Amended by P.L.6-2012, SEC.203.
Ind. Code § 31-32-3-7 — Indiana Code / Title 31 / Article 32 / Chapter 3 / Section 31-32-3-7
Officers of the court
Status: in_force

Sec. 7. The guardian ad litem or the court appointed special advocate, or both, shall be considered officers of the court for the purpose of representing the child's interests.

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

As added by P.L.1-1997, SEC.15.
Ind. Code § 31-21-5-8 — Indiana Code / Title 31 / Article 21 / Chapter 5 / Section 31-21-5-8
Court declining exercise of jurisdiction
Status: in_force

Sec. 8. (a) An Indiana court that has jurisdiction under this article to make a child custody determination may decline to exercise its jurisdiction at any time if the Indiana court determines that:

(1) the Indiana court is an inconvenient forum under the circumstances; and

(2) a court of another state is a more appropriate forum.

The issue of inconvenient forum may be raised on motion of a party, the court's own motion, or request of another court.

(b) Before determining whether an Indiana court is an inconvenient forum, the Indiana court shall consider whether it is appropriate for a court of another state to exercise jurisdiction. For this purpose, the Indiana court shall allow the parties to submit information and shall consider the relevant factors, including the following:

(1) Whether domestic violence has occurred and is likely to continue in the future and which state is best able to protect the parties and the child.

(2) The length of time the child has resided outside Indiana.

(3) The distance between the Indiana court and the court in the state that would assume jurisdiction.

(4) The relative financial circumstances of the parties.

(5) An agreement of the parties as to which state should assume jurisdiction.

(6) The nature and location of the evidence required to resolve the pending litigation, including the child's testimony.

(7) The ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence.

(8) The familiarity of the court of each state with the facts and issues in the pending litigation.

(c) If an Indiana court determines that it is an inconvenient forum and that a court of another state is a more appropriate forum, the Indiana court:

(1) shall stay the proceedings on condition that a child custody proceeding be promptly commenced in another designated state; and

(2) may impose any other condition the Indiana court considers just and proper.

(d) An Indiana court may decline to exercise its jurisdiction under this article if a child custody determination is incidental to an action for dissolution of marriage or another proceeding while still retaining jurisdiction over the dissolution of marriage or other proceeding.

As added by P.L.138-2007, SEC.45.
Ind. Code § 31-14-11-23 — Indiana Code / Title 31 / Article 14 / Chapter 11 / Section 31-14-11-23
Termination of child support obligation; fraud or mistake of fact
Status: repealed

Sec. 23. If a court vacates or has vacated a man's paternity of a child based on fraud or mistake of fact, the man's child support obligation, including any arrearage, terminates.

[Pre-1997 Recodification Citation: 31-6-6.1-21.]

As added by P.L.1-1997, SEC.6.
Ind. Code § 31-16-6-3 — Indiana Code / Title 31 / Article 16 / Chapter 6 / Section 31-16-6-3
Setting aside parent's property
Status: in_force

Sec. 3. As part of the child support order the court may set apart the part of the property of either parent or both parents that appears necessary and proper for the support of the child.

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

As added by P.L.1-1997, SEC.8.
Ind. Code § 31-27-2-5 — Indiana Code / Title 31 / Article 27 / Chapter 2 / Section 31-27-2-5
Monitoring of licensed entities
Status: in_force

Sec. 5. (a) The department shall monitor the entities licensed under this article for continued compliance with this article and the rules adopted by the department, including conducting the following:

(1) Onsite inspections, record reading, observation, and interviewing.

(2) An onsite licensing study at least one (1) time a year in announced or unannounced visits.

(b) The department is entitled to access to the premises, personnel, children in care, and records, including case records, foster care records, personnel files, corporate and fiscal records, and board minutes of the licensee. Access shall also be provided to personnel from other state agencies or other persons who provide inspections at the request of the department.

As added by P.L.145-2006, SEC.273.
Ind. Code § 31-40-5-0.7 — Indiana Code / Title 31 / Article 40 / Chapter 5 / Section 31-40-5-0.7
"Oversight committee"
Status: in_force

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

As added by P.L.201-2023, SEC.239.
Ind. Code § 31-16-2-6 — Indiana Code / Title 31 / Article 16 / Chapter 2 / Section 31-16-2-6
Residence
Status: in_force

Sec. 6. In an action for child support under section 2 of this chapter, one (1) of the parties must reside in the county at the time of the filing of the action.

[Pre-1997 Recodification Citation: 31-1-11.5-6(c).]

As added by P.L.1-1997, SEC.8.
Ind. Code § 31-21-2-16 — Indiana Code / Title 31 / Article 21 / Chapter 2 / Section 31-21-2-16
"Physical custody"
Status: in_force

Sec. 16. "Physical custody" means the physical care and supervision of a child.

As added by P.L.138-2007, SEC.45.
Ind. Code § 31-34-8-2 — Indiana Code / Title 31 / Article 34 / Chapter 8 / Section 31-34-8-2
Consent
Status: in_force

Sec. 2. The child and the child's parent, guardian, custodian, or attorney must consent to a program of informal adjustment.

[Pre-1997 Recodification Citation: 31-6-4-12(b) part.]

As added by P.L.1-1997, SEC.17.
Ind. Code § 31-9-2.1-182 — Indiana Code / Title 31 / Article 9 / Chapter 2.1 / Section 31-9-2.1-182
"Pre-adoptive sibling"
Status: in_force

Sec. 182. "Pre-adoptive sibling", for purposes of:

(1) IC 31-19-18;

(2) IC 31-19-16.5;

(3) IC 31-19-24; and

(4) IC 31-19-25.5;

means a person who would have been a sibling of an adoptee had the adoptee not been adopted, regardless of whether the person is born before or after the adoptee's adoption is finalized.

As added by P.L.145-2026, SEC.161.
Ind. Code § 31-11-7-2 — Indiana Code / Title 31 / Article 11 / Chapter 7 / Section 31-11-7-2
Married women's property rights
Status: in_force

Sec. 2. A married woman has the same rights concerning real and personal property that an unmarried woman has.

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

As added by P.L.1-1997, SEC.3.
Ind. Code § 31-26-4-17 — Indiana Code / Title 31 / Article 26 / Chapter 4 / Section 31-26-4-17
Nonprofit subsidiary corporation; duties; report
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. 17. (a) The board 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.

(b) The board shall study the topic of establishing a nonprofit subsidiary corporation described in subsection (a). Not later than December 31, 2021, the board shall submit a report to the general assembly in an electronic format under IC 5-14-6 addressing the board's findings and determinations under this subsection. If the board determines to establish a nonprofit subsidiary corporation as described in subsection (a), the report must also include an implementation plan and estimated budget for the establishment of the nonprofit subsidiary corporation.

(c) A subsidiary corporation established under this section is governed by a board of directors comprised of members appointed by the Indiana kids first trust fund board. Employees of the Indiana kids first trust fund board may serve on the board of directors of the subsidiary corporation. A subsidiary corporation established under this section:

(1) shall use money received under subsection (a) to carry out, in any manner, the purposes and programs of the board;

(2) shall report to the budget committee each year concerning:

(A) the use of money received; and

(B) the balances in any accounts or funds established by the subsidiary corporation;

(3) may donate money received to the Indiana kids first trust fund; and

(4) may deposit money received in an account or fund that is:

(A) administered by the subsidiary corporation; and

(B) not part of the state treasury.

(d) The board of directors of a subsidiary corporation established under this section shall post the minutes of a meeting on the subsidiary corporation's Internet web site not later than ten (10) days after the minutes are approved by the board of directors.

(e) Employees of the Indiana kids first trust fund board shall provide administrative support for a subsidiary corporation established under this section. Employees of the board directly involved in the subsidiary corporation may engage in fundraising activities on behalf of the subsidiary corporation.

(f) The state board of accounts shall annually audit a subsidiary corporation established under this section.

As added by P.L.93-2021, SEC.5.
Ind. Code § 31-35-1-4 — Indiana Code / Title 31 / Article 35 / Chapter 1 / Section 31-35-1-4
Petition; verification and contents
Status: in_force

Sec. 4. (a) If requested by the parents:

(1) the local office; or

(2) a licensed child placing agency;

may sign and file a verified petition with the juvenile or probate court for the voluntary termination of the parent-child relationship.

(b) The petition must:

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

(2) allege that:

(A) the parents are the child's natural or adoptive parents;

(B) the parents, including the alleged or adjudicated father if the child was born out of wedlock:

(i) knowingly and voluntarily consent to the termination of the parent-child relationship; or

(ii) are not required to consent to the termination of the parent-child relationship under section 6(c) of this chapter;

(C) termination is in the child's best interest;

(D) the petitioner has developed a satisfactory plan of care and treatment for the child; and

(E) if the petitioner is a licensed child placing agency, that the termination is in furtherance of an adoption or other approved permanency plan.

(c) At the time the petitioner files the verified petition described in subsection (b) 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: 31-6-5-2(a) part.]

As added by P.L.1-1997, SEC.18. Amended by P.L.200-1999, SEC.25; P.L.146-2007, SEC.12; P.L.128-2012, SEC.170; P.L.42-2017, SEC.1; P.L.183-2017, SEC.53.
Ind. Code § 31-19-8-7 — Indiana Code / Title 31 / Article 19 / Chapter 8 / Section 31-19-8-7
Summary consideration of agency's report; continuance
Status: in_force

Sec. 7. The court shall summarily consider the report submitted under section 5 of this chapter. If the court finds that further investigation or further supervision is necessary, the court shall continue the case to a later date that the court considers advisable for final determination. At that time the court shall determine the case.

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

As added by P.L.1-1997, SEC.11. Amended by P.L.138-2007, SEC.42; P.L.131-2009, SEC.20.
Ind. Code § 31-27-6-18 — Indiana Code / Title 31 / Article 27 / Chapter 6 / Section 31-27-6-18
Procedure for administrative hearings
Status: in_force

Sec. 18. A hearing requested under section 17 of this chapter shall be held in accordance with IC 4-21.5-3.

As added by P.L.145-2006, SEC.273.
Ind. Code § 31-28-1-5 — Indiana Code / Title 31 / Article 28 / Chapter 1 / Section 31-28-1-5
Forms
Status: in_force

Sec. 5. The department shall provide the necessary forms to each provider to carry out the purposes of this chapter.

As added by P.L.145-2006, SEC.274.
Ind. Code § 31-11-4-11 — Indiana Code / Title 31 / Article 11 / Chapter 4 / Section 31-11-4-11
Conditions precluding issuance of marriage license
Status: in_force

Sec. 11. A clerk of a circuit court may not issue a marriage license if either of the individuals who applies for the license:

(1) has been adjudged to be mentally incompetent unless the clerk finds that the adjudication is no longer in effect;

(2) is under the influence of an alcoholic beverage or a narcotic drug; or

(3) is a lifetime sex or violent offender, unless the individual submits an affidavit stating under the penalties of perjury that the individual has provided written notice of the person's:

(A) intent to marry; and

(B) intended married name;

to the local law enforcement authority in the county of conviction and in the person's county of residence.

[Pre-1997 Recodification Citation: 31-7-3-10.]

As added by P.L.1-1997, SEC.3. Amended by P.L.244-2019, SEC.5.
Ind. Code § 31-39-2-2 — Indiana Code / Title 31 / Article 39 / Chapter 2 / Section 31-39-2-2
Juvenile court judge and staff
Status: in_force

Sec. 2. The records of the juvenile court are available without a court order to the judge or any authorized staff member.

[Pre-1997 Recodification Citation: 31-6-8-1(b) part.]

As added by P.L.1-1997, SEC.22.
Ind. Code § 31-19-14-4 — Indiana Code / Title 31 / Article 19 / Chapter 14 / Section 31-19-14-4
Expiration of time to challenge; appeal for lack of notice or defective proceedings barred
Status: in_force

Sec. 4. After the expiration of the period described in section 2 of this chapter, neither a person whose parental rights are terminated by the entry of an adoption decree nor any other person may challenge the adoption decree even if:

(1) notice of the adoption was not given; or

(2) the adoption proceedings were in any other manner defective.

[Pre-1997 Recodification Citation: 31-3-1.3-2(c).]

As added by P.L.1-1997, SEC.11. Amended by P.L.113-2017, SEC.12.
Ind. Code § 31-21-1-3 — Indiana Code / Title 31 / Article 21 / Chapter 1 / Section 31-21-1-3
Child custody determination made by a foreign country
Status: in_force

Sec. 3. (a) An Indiana court shall treat a foreign country as if the foreign country were a state of the United States for purposes of applying IC 31-21-3 through IC 31-21-5.

(b) Except as otherwise provided in subsection (c), a child custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standard of this article must be recognized and enforced under IC 31-21-6.

(c) An Indiana court need not apply this article if the child custody law of a foreign country violates the fundamental principles of human rights.

As added by P.L.138-2007, SEC.45.
Ind. Code § 31-9-2.1-107 — Indiana Code / Title 31 / Article 9 / Chapter 2.1 / Section 31-9-2.1-107
"Foster care"
Status: in_force

Sec. 107. "Foster care", for purposes of IC 31-25, IC 31-26, IC 31-27, IC 31-28-1, IC 31-28-2, IC 31-28-3, IC 31-34-21-7.6, and IC 31-37-22-10, means living in:

(1) a place licensed under IC 31-27 or a comparable law of another state; or

(2) the home of an adult relative who is not licensed as a foster family home.

As added by P.L.145-2026, SEC.161.
Ind. Code § 31-34-23-3 — Indiana Code / Title 31 / Article 34 / Chapter 23 / Section 31-34-23-3
Notice and hearing requirements; change in out-of-home placement; temporary order for emergency change of placement
Status: in_force

Sec. 3. (a) If the department determines that the out-of-home placement of a child is placing the child's life or health in imminent danger, the department shall either:

(1) change the placement of the child and file an emergency motion with the court; or

(2) request the court to issue a temporary order for an emergency change in the child's placement.

(b) If the department acts under subsection (a), the department shall give notice to all persons affected. The department's notice must state that the person affected may file a written objection not later than ten (10) days after service of the department's notice. If the person affected files a timely objection, the juvenile court shall hold a hearing on the question.

(c) If the motion requests any other modification, the department shall give notice to the persons affected, and the juvenile court shall hold a hearing on the question.

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

As added by P.L.1-1997, SEC.17. Amended by P.L.146-2008, SEC.612; P.L.119-2018, SEC.1; P.L.172-2022, SEC.11.
Ind. Code § 31-19-4.5-4 — Indiana Code / Title 31 / Article 19 / Chapter 4.5 / Section 31-19-4.5-4
Waiver of notice
Status: in_force

Sec. 4. (a) The notice required by this chapter may be waived in writing before or after the birth of a child.

(b) A waiver of notice under subsection (a) must:

(1) be in writing and signed in the presence of a notary public; and

(2) acknowledge that:

(A) the waiver is irrevocable; and

(B) the person signing the waiver will not receive notice of the adoption proceedings.

A person who waives notice of an adoption may not challenge or contest an adoption of the child.

As added by P.L.61-2003, SEC.10. Amended by P.L.130-2005, SEC.3.
Ind. Code § 31-16-9-0.3 — Indiana Code / Title 31 / Article 16 / Chapter 9 / Section 31-16-9-0.3
Wage deductions for child support order; employer collection of certain fees
Status: in_force

Sec. 0.3. An employer who makes a deduction from an employee's wages, in accordance with an assignment of wages for the payment of child support ordered by the court before September 1, 1985, under IC 31-1-11.5-13 (before its repeal, now codified in this chapter and at IC 31-16-12), may collect a fee of two dollars ($2) each time the employer makes a deduction. The fee may be deducted by the employer from the employee's wages each time the employer makes the deduction for support.

As added by P.L.220-2011, SEC.500.
Ind. Code § 31-9-2.1-45 — Indiana Code / Title 31 / Article 9 / Chapter 2.1 / Section 31-9-2.1-45
"Child in need of services"
Status: in_force

Sec. 45. "Child in need of services", for purposes of this title, refers to a child described in IC 31-34-1.

As added by P.L.145-2026, SEC.161.
Ind. Code § 31-34-2.3-4 — Indiana Code / Title 31 / Article 34 / Chapter 2.3 / Section 31-34-2.3-4
Hearing; notice
Status: in_force

Sec. 4. (a) A juvenile court shall hold a hearing on the temporary child protective order issued under this chapter not more than forty-eight (48) hours (excluding Saturdays, Sundays, and any day on which a legal holiday is observed for state employees as provided in IC 1-1-9) after the temporary child protective order is issued.

(b) The department shall provide notice of the time, place, and purpose of the hearing to the following:

(1) The child.

(2) The child's parent, guardian, or custodian if the person can be located.

(3) Any adult with whom the child is residing.

(4) The alleged perpetrator of child abuse or neglect.

As added by P.L.52-2007, SEC.8.
Ind. Code § 31-34-13-1 — Indiana Code / Title 31 / Article 34 / Chapter 13 / Section 31-34-13-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to:

(1) an action initiated to determine if a child is a child in need of services under:

(A) IC 31-34-1-1 through IC 31-34-1-6;

(B) IC 31-34-1-10; or

(C) IC 31-34-1-11; and

(2) an administrative hearing conducted under IC 31-33-26-9 or IC 31-27-4-23.

[Pre-1997 Recodification Citation: 31-6-15-1 part.]

As added by P.L.1-1997, SEC.17. Amended by P.L.48-2012, SEC.61; P.L.183-2017, SEC.44; P.L.86-2018, SEC.221.
Ind. Code § 31-9-2.1-238 — Indiana Code / Title 31 / Article 9 / Chapter 2.1 / Section 31-9-2.1-238
"Support enforcement agency"
Status: in_force

Sec. 238. "Support enforcement agency", 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 § 31-26-4-5.5 — Indiana Code / Title 31 / Article 26 / Chapter 4 / Section 31-26-4-5.5
Duties and powers of the commission
Status: in_force

Effective 7-1-2027.

Sec. 5.5. (a) After June 30, 2027, the commission shall determine whether proposed projects under this chapter should be approved and to perform other duties as directed by this chapter. The commission shall approve projects and recommend to the department that the projects receive funds under sections 12 and 14 of this chapter.

(b) The commission shall annually prepare a budget for expenditures from the fund for the following state fiscal year. The budget must contain priorities for expenditures from the fund to accomplish the projects that have been approved under this chapter. The commission shall submit a budget to the department and the budget committee before January 1, 2028, and each year thereafter.

(c) The commission may employ staff necessary to carry out the duties of the commission under this chapter.

(d) The commission may establish a nonprofit subsidiary corporation under section 17 of this chapter (before its repeal).

As added by P.L.152-2026, SEC.456.
Ind. Code § 31-19-2-15 — Indiana Code / Title 31 / Article 19 / Chapter 2 / Section 31-19-2-15
Information provided to current foster parent and prospective adoptive parent; explanation of information; signature
Status: in_force

Sec. 15. (a) When the licensed child placing agency or local office that will conduct the inspection and supervision required under IC 31-19-7-1 and submit the report required under IC 31-19-8-5 has been determined, the licensed child placing agency or local office shall provide to the child's current foster parent and to the prospective adoptive parent a document that contains the following information:

(1) A description of the information that must be provided to the court in the report required under IC 31-19-8-5.

(2) Contact information for individuals employed by the licensed child placing agency or local office in a supervisory capacity.

(b) The licensed child placing agency or local office shall explain the contents of the document described in subsection (a) to the child's current foster parent and to the prospective adoptive parent. The child's current foster parent, the prospective adoptive parent, and the licensed child placing agency or local office shall be requested to sign the document acknowledging that:

(1) the child's current foster parent and the prospective adoptive parent have been provided with a copy of the document described in subsection (a); and

(2) the contents of the document have been explained to the child's current foster parent and to the prospective adoptive parent.

As added by P.L.26-2018, SEC.2.
Ind. Code § 31-16-6-4 — Indiana Code / Title 31 / Article 16 / Chapter 6 / Section 31-16-6-4
Medical support
Status: in_force

Sec. 4. (a) A child support order must require either parent or both parents to provide medical support for the child through health insurance coverage if the health insurance coverage is available to the parent at a reasonable cost.

(b) An order for medical support under this section shall be enforced under 42 U.S.C. 666(a)(19).

[Pre-1997 Recodification Citation: 31-1-11.5-12.1.]

As added by P.L.1-1997, SEC.8. Amended by P.L.86-2002, SEC.10; P.L.103-2007, SEC.18; P.L.80-2010, SEC.29.
Ind. Code § 31-34-8-7 — Indiana Code / Title 31 / Article 34 / Chapter 8 / Section 31-34-8-7
Report on extent of compliance
Status: in_force

Sec. 7. (a) Not later than five (5) months after the department implements a program of informal adjustment under this chapter, the department shall file with the court a report indicating the extent of compliance with the program.

(b) If the court approves an extension of the period of the informal adjustment under section 6 of this chapter, the department shall file a supplemental report not later than eight (8) months after the department implements the program of informal adjustment updating the court on the status of a person's compliance with the program.

[Pre-1997 Recodification Citation: 31-6-4-12(g) part.]

As added by P.L.1-1997, SEC.17. Amended by P.L.234-2005, SEC.179; P.L.146-2008, SEC.587.
Ind. Code § 31-27-3-10 — Indiana Code / Title 31 / Article 27 / Chapter 3 / Section 31-27-3-10
Waiver of maximum stay for child
Status: in_force

Sec. 10. (a) The department may grant a waiver of the maximum stay for a child if the child caring institution licensed as a shelter care facility applies for the waiver before the expiration of the maximum stay.

(b) The child caring institution shall document in the request for a waiver that the waiver is in the best interest of the child.

As added by P.L.145-2006, SEC.273. Amended by P.L.48-2012, SEC.26; P.L.81-2025, SEC.4.
Ind. Code § 31-15-1-2 — Indiana Code / Title 31 / Article 15 / Chapter 1 / Section 31-15-1-2
Purposes and policies of article
Status: in_force

Sec. 2. The purposes and policies of this article are as follows:

(1) To abolish the existing grounds for absolute and limited divorce and to provide as the basis for dissolution of marriage:

(A) irretrievable breakdown of the marriage;

(B) the conviction of either party, subsequent to the marriage, of a felony;

(C) impotence existing at the time of the marriage; and

(D) incurable insanity of either party for a period of at least two (2) years.

(2) To provide for the appropriate procedures for the dissolution of marriage.

(3) To provide for the disposition of property, child support, and child custody.

(4) To provide for separation agreements.

(5) To provide for a temporary legal separation.

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

As added by P.L.1-1997, SEC.7.
Ind. Code § 31-11-4-17 — Indiana Code / Title 31 / Article 11 / Chapter 4 / Section 31-11-4-17
Failure to file marriage certificates and marriage licenses; declaratory order upon proof of marriage; legal effect; recording requirements
Status: in_force

Sec. 17. (a) If the individual who solemnizes a marriage fails to:

(1) appropriately complete the certificate of marriage; or

(2) timely file the duplicate marriage certificate and marriage license with the clerk of the circuit court;

as required by section 16 of this chapter, either party to the marriage may file for a declaratory judgment in the circuit court with jurisdiction in the county in which the marriage occurred.

(b) Upon proof by oral testimony or affidavits, the court may issue a declaratory order that:

(1) the marriage of the individuals listed was solemnized before the date the original marriage license expired;

(2) any error by the party who solemnized the marriage does not affect the validity of the marriage; and

(3) the clerk of the circuit court shall:

(A) accept the order for filing; and

(B) issue a duplicate marriage license with the date the marriage occurred to the party who sought declaratory relief.

(c) A court order issued under this section has the same legal effect as a properly attested and filed marriage certificate.

(d) The clerk of the circuit court shall record the duplicate license and court order and forward a copy of the marriage records to the Indiana department of health on at least a monthly basis.

[Pre-1997 Recodification Citations: 31-7-3-15.5; 31-7-3-16 part.]

As added by P.L.1-1997, SEC.3. Amended by P.L.56-2023, SEC.257.
Ind. Code § 31-18.5-8-2 — Indiana Code / Title 31 / Article 18.5 / Chapter 8 / Section 31-18.5-8-2
Conditions of rendition
Status: in_force

Sec. 2. (a) Before making a demand that the governor of another state surrender an individual charged criminally in Indiana with having failed to provide for the support of an obligee, the governor of Indiana may require a prosecutor of Indiana to demonstrate that at least sixty (60) days previously the obligee had initiated proceedings for support under this article or that the proceeding would be of no avail.

(b) If, under this article or a law substantially similar to this article, the governor of another state makes a demand that the governor of Indiana surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the governor may require a prosecuting attorney to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the governor may delay honoring the demand for a reasonable time to permit the initiation of a proceeding.

(c) If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the governor may decline to honor the demand. If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the governor may decline to honor the demand if the individual is complying with the support order.

As added by P.L.206-2015, SEC.53.
Ind. Code § 31-19-25.5-1 — Indiana Code / Title 31 / Article 19 / Chapter 25.5 / Section 31-19-25.5-1
Application
Status: in_force

Sec. 1. Except as provided under sections 6 and 7 of this chapter, this chapter applies to:

(1) adoptees; and

(2) pre-adoptive siblings;

who are at least twenty-one (21) years of age.

As added by P.L.191-2011, SEC.55.
Ind. Code § 31-26-1-4 — Indiana Code / Title 31 / Article 26 / Chapter 1 / Section 31-26-1-4
Youth service bureau grant account
Status: in_force

Sec. 4. (a) The youth service bureau grant account is established within the state general fund to provide grants to youth service bureaus. The account consists of money:

(1) appropriated by the general assembly;

(2) received in the form of donations; and

(3) from any other source.

(b) The account shall be administered by the department.

(c) The treasurer of state shall invest the money in the account not currently needed to meet the obligations of the account in the same manner as other public funds may be invested.

(d) Money in the account at the end of a state fiscal year does not revert to the state general fund.

As added by P.L.145-2006, SEC.272.
Ind. Code § 31-26-4-14 — Indiana Code / Title 31 / Article 26 / Chapter 4 / Section 31-26-4-14
Infant mortality account
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. 14. (a) The infant mortality account is established within the fund for the purpose of providing money for education and programs approved by the board under section 5(b) of this chapter to reduce infant mortality in Indiana. The account shall be administered by the treasurer of state.

(b) Expenses of administering the account shall be paid from money in the account. The account consists of the following:

(1) Appropriations to the account.

(2) Money donated to the account.

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

(d) Money in the account at the end of a state fiscal year does not revert to the state general fund.

As added by P.L.145-2006, SEC.272. Amended by P.L.156-2011, SEC.40.
Ind. Code § 31-14-14-2.5 — Indiana Code / Title 31 / Article 14 / Chapter 14 / Section 31-14-14-2.5
Security, bond, or guarantee
Status: in_force

Sec. 2.5. The court may provide in:

(1) a parenting time order; or

(2) a modification of a parenting time order;

for the security, bond, or other guarantee that is satisfactory to secure enforcement of the parenting time order.

As added by P.L.171-2001, SEC.5. Amended by P.L.68-2005, SEC.21.
Ind. Code § 31-10-2-1.5 — Indiana Code / Title 31 / Article 10 / Chapter 2 / Section 31-10-2-1.5
Consideration of child's safety preeminent in determination of child's best interests
Status: in_force

Sec. 1.5. For purposes of IC 31-19, IC 31-28, IC 31-34, and IC 31-35, the department or a court shall consider ensuring the child's safety to be the most important consideration in the determination of a child's best interests under this title.

As added by P.L.70-2024, SEC.2.
Ind. Code § 31-39-7-1 — Indiana Code / Title 31 / Article 39 / Chapter 7 / Section 31-39-7-1
Juvenile court records
Status: in_force

Sec. 1. A person on whom juvenile court records subject to IC 31-39-1 and IC 31-39-2 are maintained may request the court to modify any information that the person believes is incorrect or misleading.

[Pre-1997 Recodification Citation: 31-6-8-1(j).]

As added by P.L.1-1997, SEC.22.
Ind. Code § 31-26-6-2 — Indiana Code / Title 31 / Article 26 / Chapter 6 / Section 31-26-6-2
"Regional services council"
Status: in_force

Sec. 2. As used in this chapter, "regional services council" means a council appointed as provided in section 7 of this chapter.

As added by P.L.146-2008, SEC.571.
Ind. Code § 31-15-6-11 — Indiana Code / Title 31 / Article 15 / Chapter 6 / Section 31-15-6-11
User fee; collection procedures
Status: in_force

Sec. 11. The court shall establish one (1) of the following procedures to be used to collect the user fee:

(1) The court may order the clerk of the court to collect the user fee and deposit the user fee into the county's guardian ad litem fund or court appointed special advocate fund. The fiscal body of the county shall appropriate money collected as user fees under this chapter to the court having jurisdiction over custody actions for the court's use in providing guardian ad litem or court appointed special advocate services, including the costs of representation.

(2) The court may order either or both parents to pay the user fee to the:

(A) guardian ad litem program that provided the services; or

(B) court appointed special advocate program that provided the services.

(3) The court may order either or both parents to pay the user fee to the individual or attorney guardian ad litem that provided the services.

[Pre-1997 Recodification Citation: 31-1-11.5-28(k) part.]

As added by P.L.1-1997, SEC.7.
Ind. Code § 31-34-14-1 — Indiana Code / Title 31 / Article 34 / Chapter 14 / Section 31-34-14-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to an action to determine whether a child is a child in need of services under:

(1) IC 31-34-1-1 through IC 31-34-1-6;

(2) IC 31-34-1-10; or

(3) IC 31-34-1-11.

[Pre-1997 Recodification Citation: 31-6-16-1 part.]

As added by P.L.1-1997, SEC.17. Amended by P.L.183-2017, SEC.45; P.L.86-2018, SEC.222.
Ind. Code § 31-34-21-5 — Indiana Code / Title 31 / Article 34 / Chapter 21 / Section 31-34-21-5
Determinations; written findings; permanency plan requirements
Status: in_force

Sec. 5. (a) Subject to subsection (c), the court shall determine:

(1) whether the child's case plan, services, and placement meet the special needs and best interests of the child;

(2) whether the department has made reasonable efforts to provide family services, unless a finding has been made under section 5.6 of this chapter that reasonable efforts for family preservation or reunification are not required;

(3) if the child was removed from the care or custody of the child's parent, guardian, or custodian, a projected date for the child's return home; and

(4) a projected date for the child's adoption placement, the child's emancipation, or the appointment of a legal guardian for the child under section 7.5(c)(1)(D) of this chapter.

(b) The determination of the court under subsection (a) must be based on findings written after consideration of the following:

(1) Whether the department, the child, or the child's parent, guardian, or custodian has complied with the child's case plan.

(2) Written documentation containing descriptions of:

(A) the family services that have been offered or provided to the child or the child's parent, guardian, or custodian;

(B) the dates during which the family services were offered or provided; and

(C) the outcome arising from offering or providing the family services.

(3) The extent of the efforts made by the department to offer and provide family services.

(4) The extent to which the parent, guardian, or custodian has enhanced the ability to fulfill parental obligations.

(5) The extent to which the parent, guardian, or custodian has visited the child, including the reasons for infrequent visitation.

(6) The extent to which the parent, guardian, or custodian has cooperated with the department.

(7) The child's recovery from any injuries suffered before removal.

(8) Whether any additional services are required for the child or the child's parent, guardian, or custodian and, if so, the nature of those services.

(9) The extent to which the child has been rehabilitated.

(10) If the child is placed out-of-home, whether the child is in the least restrictive, most family-like setting, and whether the child is placed close to the home of the child's parent, guardian, or custodian.

(11) The extent to which the causes for the child's out-of-home placement or supervision have been alleviated.

(12) Whether current placement or supervision by the department should be continued.

(13) The extent to which the child's parent, guardian, or custodian has participated or has been given the opportunity to participate in case planning, periodic case reviews, dispositional reviews, placement of the child, and visitation.

(14) Whether the department has made reasonable efforts to reunify or preserve a child's family unless reasonable efforts are not required under section 5.6 of this chapter.

(15) Subject to subsection (c), whether it is an appropriate time to prepare or implement a permanency plan for the child under section 7.5 of this chapter.

(16) If:

(A) the child has been in an out-of-home placement at any time during the child in need of services proceeding; and

(B) the child's dispositional decree includes an order under IC 31-34-20-1(a)(6) requiring the child's parent, guardian, or custodian to receive reunification services;

the amount of time remaining for the parent, guardian, or custodian to complete the reunification services under IC 31-34-20-1.6.

(c) The permanency plan for a child who has, at the time of a periodic case review or permanency hearing, been removed from the child's parent for at least twelve (12) months of the most recent twenty-two (22) months, must include at least one (1) intended permanent or long term arrangement for care and custody of the child under section 7.5(c) of this chapter other than reunification of the child with the child's parent, guardian, or custodian.

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

As added by P.L.1-1997, SEC.17. Amended by P.L.35-1998, SEC.11; P.L.145-2006, SEC.318; P.L.146-2008, SEC.607; P.L.156-2020, SEC.118; P.L.69-2024, SEC.1; P.L.179-2025, SEC.18; P.L.84-2026, SEC.17.
Ind. Code § 31-37-19-11 — Indiana Code / Title 31 / Article 37 / Chapter 19 / Section 31-37-19-11
Confinement imposed under departmental classification system; limitation
Status: in_force

Sec. 11. If a child:

(1) is adjudicated a delinquent child for a delinquent act; and

(2) becomes a ward of the department of correction under this chapter (or IC 31-6-4-15.9 before its repeal);

the department of correction may not at any time during the child's confinement impose a departmental classification system on the child that would cause the child to be confined in a correctional facility for longer than the period of confinement under a departmental classification system that existed on the date that the child committed the delinquent act.

[Pre-1997 Recodification Citation: 31-6-4-21.]

As added by P.L.1-1997, SEC.20.
Ind. Code § 31-26-4-10 — Indiana Code / Title 31 / Article 26 / Chapter 4 / Section 31-26-4-10
Compensation 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. 10. (a) Each member of the board who is not a state employee is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). The member is also entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.

(b) Each member of the board who is a state employee is entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.

As added by P.L.145-2006, SEC.272.
Ind. Code § 31-37-23-2 — Indiana Code / Title 31 / Article 37 / Chapter 23 / Section 31-37-23-2
"Compact" defined
Status: in_force

Sec. 2. As used in this chapter, "compact" refers to the interstate compact on juveniles.

[Pre-1997 Recodification Citation: 31-6-10-2 part.]

As added by P.L.1-1997, SEC.20.
Ind. Code § 31-19-11-0.5 — Indiana Code / Title 31 / Article 19 / Chapter 11 / Section 31-19-11-0.5
Expedited proceedings
Status: in_force

Sec. 0.5. A court shall expedite all proceedings under this chapter.

As added by P.L.89-2023, SEC.11.
Ind. Code § 31-19-24-4 — Indiana Code / Title 31 / Article 19 / Chapter 24 / Section 31-19-24-4
Search for information and persons
Status: in_force

Sec. 4. The confidential intermediary shall:

(1) make complete and reasonable efforts to locate the medical, identifying, or nonidentifying information;

(2) attempt to locate any person necessary to obtain the medical, identifying, or nonidentifying information;

(3) inform the person contacted of the medical or other need set forth by the petitioner; and

(4) obtain the needed medical, identifying, or nonidentifying information.

[Pre-1997 Recodification Citation: 31-3-4-22(c).]

As added by P.L.1-1997, SEC.11. Amended by P.L.196-1997, SEC.15.
Ind. Code § 31-21-2-17 — Indiana Code / Title 31 / Article 21 / Chapter 2 / Section 31-21-2-17
"Record"
Status: in_force

Sec. 17. "Record" means information that is:

(1) inscribed on a tangible medium; or

(2) stored in an electronic or other medium;

and that is retrievable in a perceivable form.

As added by P.L.138-2007, SEC.45.
Ind. Code § 31-17-2-8 — Indiana Code / Title 31 / Article 17 / Chapter 2 / Section 31-17-2-8
Custody order
Status: in_force

Sec. 8. The court shall determine custody and enter a custody order in accordance with the best interests of the child. In determining the best interests of the child, there is no presumption favoring either parent. The court shall consider all relevant factors, including the following:

(1) The age and sex of the child.

(2) The wishes of the child's parent or parents.

(3) The wishes of the child, with more consideration given to the child's wishes if the child is at least fourteen (14) years of age.

(4) The interaction and interrelationship of the child with:

(A) the child's parent or parents;

(B) the child's sibling; and

(C) any other person who may significantly affect the child's best interests.

(5) The child's adjustment to the child's:

(A) home;

(B) school; and

(C) community.

(6) The mental and physical health of all individuals involved.

(7) Evidence of a pattern of domestic or family violence by either parent.

(8) Evidence that the child has been cared for by a de facto custodian, and if the evidence is sufficient, the court shall consider the factors described in section 8.5(b) of this chapter.

(9) A designation in a power of attorney of:

(A) the child's parent; or

(B) a person found to be a de facto custodian of the child.

[Pre-1997 Recodification Citation: 31-1-11.5-21(a).]

As added by P.L.1-1997, SEC.9. Amended by P.L.96-1999, SEC.7; P.L.133-2002, SEC.32; P.L.194-2017, SEC.14.
Ind. Code § 31-15-7-5 — Indiana Code / Title 31 / Article 15 / Chapter 7 / Section 31-15-7-5
Presumption for equal division of marital property; rebuttal
Status: in_force

Sec. 5. The court shall presume that an equal division of the marital property between the parties is just and reasonable. However, this presumption may be rebutted by a party who presents relevant evidence, including evidence concerning the following factors, that an equal division would not be just and reasonable:

(1) The contribution of each spouse to the acquisition of the property, regardless of whether the contribution was income producing.

(2) The extent to which the property was acquired by each spouse:

(A) before the marriage; or

(B) through inheritance or gift.

(3) The economic circumstances of each spouse at the time the disposition of the property is to become effective, including the desirability of awarding the family residence or the right to dwell in the family residence for such periods as the court considers just to the spouse having custody of any children.

(4) The conduct of the parties during the marriage as related to the disposition or dissipation of their property.

(5) The earnings or earning ability of the parties as related to:

(A) a final division of property; and

(B) a final determination of the property rights of the parties.

[Pre-1997 Recodification Citation: 31-1-11.5-11(c).]

As added by P.L.1-1997, SEC.7.
Ind. Code § 31-32-6-2 — Indiana Code / Title 31 / Article 32 / Chapter 6 / Section 31-32-6-2
Exclusion of public
Status: in_force

Sec. 2. The juvenile court shall determine whether the public should be excluded from a proceeding other than a juvenile proceeding described in section 3 of this chapter.

[Pre-1997 Recodification Citation: 31-6-7-10(b).]

As added by P.L.1-1997, SEC.15.
Ind. Code § 31-25-4-32 — Indiana Code / Title 31 / Article 25 / Chapter 4 / Section 31-25-4-32
Finding obligor delinquent; notice; order to suspend driving privileges; licenses and permits; sanctions
Status: in_force

Sec. 32. (a) When the Title IV-D agency finds that an obligor is delinquent, the Title IV-D agency shall send, to a verified address, a notice to the obligor that does the following:

(1) Specifies that the obligor is delinquent.

(2) Describes the amount of child support that the obligor is in arrears.

(3) States that unless the obligor:

(A) pays the obligor's child support arrearage in full;

(B) establishes a payment plan with the Title IV-D agency to pay the arrearage, which includes an income withholding order; or

(C) requests a hearing under section 33 of this chapter;

within twenty (20) days after the date the notice is mailed, the Title IV-D agency shall issue an order to the bureau of motor vehicles stating that the obligor is delinquent and that the obligor's driving privileges shall be suspended.

(4) Explains that the obligor has twenty (20) days after the notice is mailed to do one (1) of the following:

(A) Pay the obligor's child support arrearage in full.

(B) Establish a payment plan with the Title IV-D agency to pay the arrearage, which includes an income withholding order under IC 31-16-15-2 or IC 31-16-15-2.5.

(C) Request a hearing under section 33 of this chapter.

(5) Explains that if the obligor has not satisfied any of the requirements of subdivision (4) not later than twenty (20) days after the notice is mailed, that the Title IV-D agency shall issue a notice to:

(A) the board or department that regulates the obligor's profession or occupation, if any, that the obligor is delinquent and that the obligor may be subject to sanctions under IC 25-1-1.2, including suspension or revocation of the obligor's professional or occupational license;

(B) the supreme court disciplinary commission if the obligor is licensed to practice law;

(C) the department of education established by IC 20-19-3-1 if the obligor is a licensed teacher;

(D) the Indiana horse racing commission if the obligor holds or applies for a license issued under IC 4-31-6;

(E) the Indiana gaming commission if the obligor holds or applies for a license issued under IC 4-33 and IC 4-35;

(F) the commissioner of the department of insurance if the obligor holds or is an applicant for a license issued under IC 27-1-15.6, IC 27-1-15.8, or IC 27-10-3;

(G) the director of the department of natural resources if the obligor holds or is an applicant for a license issued by the department of natural resources under:

(i) IC 14-22-12 (fishing, hunting, and trapping licenses);

(ii) IC 14-22-16 (bait dealer's license);

(iii) IC 14-22-19 (fur buyer's license);

(iv) IC 14-24-7 (nursery dealer's license); or

(v) IC 14-31-3 (ginseng dealer's license); or

(H) the alcohol and tobacco commission if the obligor holds or applies for an employee's permit under IC 7.1-3-18-9(a)(3).

(6) Explains that the only basis for contesting the issuance of an order under subdivision (3) or (5) is a mistake of fact.

(7) Explains that an obligor may contest the Title IV-D agency's determination to issue an order under subdivision (3) or (5) by making written application to the Title IV-D agency not later than twenty (20) days after the date the notice is mailed.

(8) Explains the procedures to:

(A) pay the obligor's child support arrearage in full; and

(B) establish a payment plan with the Title IV-D agency to pay the arrearage, which must include an income withholding order under IC 31-16-15-2 or IC 31-16-15-2.5.

(b) Whenever the Title IV-D agency finds that an obligor is delinquent and has failed to:

(1) pay the obligor's child support arrearage in full;

(2) establish a payment plan with the Title IV-D agency to pay the arrearage, which includes an income withholding order under IC 31-16-15-2 or IC 31-16-15-2.5; or

(3) request a hearing under section 33 of this chapter not later than twenty (20) days after the date the notice described in subsection (a) is mailed;

the Title IV-D agency shall issue an order to the bureau of motor vehicles stating that the obligor is delinquent.

(c) An order issued under subsection (b) must require the following:

(1) If the obligor who is the subject of the order holds a driving license or permit on the date the order is issued, that the driving privileges of the obligor be suspended until further order of the Title IV-D agency.

(2) If the obligor who is the subject of the order does not hold a driving license or permit on the date the order is issued, that the bureau of motor vehicles may not issue a driving license or permit to the obligor until the bureau of motor vehicles receives a further order from the Title IV-D agency.

(d) The Title IV-D agency shall provide the:

(1) full name;

(2) date of birth;

(3) verified address; and

(4) Social Security number or driving license number;

of the obligor to the bureau of motor vehicles.

(e) Whenever the Title IV-D agency finds that an obligor who is an applicant (as defined in IC 25-1-1.2-1) or a practitioner (as defined in IC 25-1-1.2-6) is delinquent and the applicant or practitioner has failed to:

(1) pay the obligor's child support arrearage in full;

(2) establish a payment plan with the Title IV-D agency to pay the arrearage, which includes an income withholding order under IC 31-16-15-2 or IC 31-16-15-2.5; or

(3) request a hearing under section 33 of this chapter;

the Title IV-D agency shall issue an order to the board regulating the practice of the obligor's profession or occupation stating that the obligor is delinquent.

(f) An order issued under subsection (e) must direct the board or department regulating the obligor's profession or occupation to impose the appropriate sanctions described under IC 25-1-1.2.

(g) Whenever the Title IV-D agency finds that an obligor who is an attorney or a licensed teacher is delinquent and the attorney or licensed teacher has failed to:

(1) pay the obligor's child support arrearage in full;

(2) establish a payment plan with the Title IV-D agency to pay the arrearage, which includes an income withholding order under IC 31-16-15-2 or IC 31-16-15-2.5; or

(3) request a hearing under section 33 of this chapter;

the Title IV-D agency shall notify the supreme court disciplinary commission if the obligor is an attorney, or the department of education if the obligor is a licensed teacher, that the obligor is delinquent.

(h) Whenever the Title IV-D agency finds that an obligor who holds a license issued under IC 4-31-6, IC 4-33, or IC 4-35 has failed to:

(1) pay the obligor's child support arrearage in full;

(2) establish a payment plan with the Title IV-D agency to pay the arrearage, which includes an income withholding order under IC 31-16-15-2 or IC 31-16-15-2.5; or

(3) request a hearing under section 33 of this chapter;

the Title IV-D agency shall issue an order to the Indiana horse racing commission if the obligor holds a license issued under IC 4-31-6, or to the Indiana gaming commission if the obligor holds a license issued under IC 4-33 or IC 4-35, stating that the obligor is delinquent and directing the commission to impose the appropriate sanctions described in IC 4-31-6-11, IC 4-33-8.5-3, or IC 4-35-6.7-2.

(i) Whenever the Title IV-D agency finds that an obligor who holds a license issued under IC 27-1-15.6, IC 27-1-15.8, or IC 27-10-3 has failed to:

(1) pay the obligor's child support arrearage in full;

(2) establish a payment plan with the Title IV-D agency to pay the arrearage, which includes an income withholding order under IC 31-16-15-2 or IC 31-16-15-2.5; or

(3) request a hearing under section 33 of this chapter;

the Title IV-D agency shall issue an order to the commissioner of the department of insurance stating that the obligor is delinquent and directing the commissioner to impose the appropriate sanctions described in IC 27-1-15.6-29 or IC 27-10-3-20.

(j) Whenever the Title IV-D agency finds that an obligor who holds a license issued by the department of natural resources under IC 14-22-12, IC 14-22-16, IC 14-22-19, IC 14-24-7, or IC 14-31-3 has failed to:

(1) pay the obligor's child support arrearage in full;

(2) establish a payment plan with the Title IV-D agency to pay the arrearage, which includes an income withholding order under IC 31-16-15-2 or IC 31-16-15-2.5; or

(3) request a hearing under section 33 of this chapter;

the Title IV-D agency shall issue an order to the director of the department of natural resources stating that the obligor is delinquent and directing the director to suspend or revoke a license issued to the obligor by the department of natural resources as provided in IC 14-11-3.

(k) If the Title IV-D agency finds that an obligor who holds an employee's permit issued under IC 7.1-3-18-9(a)(3) has failed to:

(1) pay the obligor's child support arrearage in full;

(2) establish a payment plan with the Title IV-D agency to pay the arrearage, which includes an income withholding order under IC 31-16-15-2 or IC 31-16-15-2.5; or

(3) request a hearing under section 33 of this chapter;

the Title IV-D agency shall issue an order to the alcohol and tobacco commission stating that the obligor is delinquent and directing the alcohol and tobacco commission to impose the appropriate sanctions under IC 7.1-3-23-44.

(l) A person's most recent address on file with the bureau constitutes a verified address for purposes of this section.

(m) When an obligor who was the subject of an order issued by the Title IV-D agency under subsection (b), (e), (g), (h), (i), (j), or (k) has:

(1) paid the obligor's child support arrearage in full; or

(2) established a payment plan with the Title IV-D agency to pay the arrearage, which includes an income withholding order under IC 31-16-15-2 or IC 31-16-15-2.5;

the Title IV-D agency shall provide notice to the appropriate entity under subsection (b), (e), (g), (h), (i), (j), or (k) that the obligor has addressed the delinquency.

As added by P.L.145-2006, SEC.271. Amended by P.L.103-2007, SEC.48; P.L.131-2009, SEC.34; P.L.80-2010, SEC.50; P.L.150-2018, SEC.19; P.L.141-2022, SEC.55.
Ind. Code § 31-16-15-9 — Indiana Code / Title 31 / Article 16 / Chapter 15 / Section 31-16-15-9
Repealed
Status: repealed

[Pre-1997 Recodification Citation: 31-2-10-11.]

As added by P.L.1-1997, SEC.8. Repealed by P.L.103-2007, SEC.51.
Ind. Code § 31-16-2-3 — Indiana Code / Title 31 / Article 16 / Chapter 2 / Section 31-16-2-3
Caption; standing
Status: in_force

Sec. 3. A proceeding for child support must be commenced by the filing of a petition entitled, "In Re the support of __________". The petition may be filed by any person entitled to receive child support payments.

[Pre-1997 Recodification Citation: 31-1-11.5-4(b) part.]

As added by P.L.1-1997, SEC.8.
Ind. Code § 31-34-2.3-0.1 — Indiana Code / Title 31 / Article 34 / Chapter 2.3 / Section 31-34-2.3-0.1
Repealed
Status: repealed

As added by P.L.220-2011, SEC.513. Repealed by P.L.63-2012, SEC.36.
Ind. Code § 31-9-2.1-141 — Indiana Code / Title 31 / Article 9 / Chapter 2.1 / Section 31-9-2.1-141
"Judge"
Status: in_force

Sec. 141. "Judge", for purposes of the juvenile law, refers to the judge of the juvenile court.

As added by P.L.145-2026, SEC.161.
Ind. Code § 31-19-20-3 — Indiana Code / Title 31 / Article 19 / Chapter 20 / Section 31-19-20-3
Fees; disposition
Status: in_force

Sec. 3. (a) The Indiana department of health may charge a reasonable fee for the state registrar's search for:

(1) further medical history information under section 2(a) of this chapter; or

(2) death certificates in the Indiana death registration system, including files sent through the STEVE system.

(b) Fees collected under this section shall be deposited in the adoption history fund established by IC 31-19-18-6 and must be used for the automation of adoption history information and death certificates and for improved service delivery.

[Pre-1997 Recodification Citations: 31-3-4-14(e); 31-3-4-28(k).]

As added by P.L.1-1997, SEC.11. Amended by P.L.190-2017, SEC.5; P.L.56-2023, SEC.289.
Ind. Code § 31-31-8-5 — Indiana Code / Title 31 / Article 31 / Chapter 8 / Section 31-31-8-5
Rules
Status: in_force

Sec. 5. (a) Juvenile detention facilities shall be operated in accordance with rules adopted by the department of correction.

(b) Shelter care facilities shall be operated in accordance with rules adopted by the department of child services under IC 31-27.

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

As added by P.L.1-1997, SEC.14. Amended by P.L.145-2006, SEC.276.
Ind. Code § 31-15-7-9.1 — Indiana Code / Title 31 / Article 15 / Chapter 7 / Section 31-15-7-9.1
Revocation or modification of property disposition orders; fraud
Status: in_force

Sec. 9.1. (a) The orders concerning property disposition entered under this chapter (or IC 31-1-11.5-9 before its repeal) may not be revoked or modified, except in case of fraud.

(b) If fraud is alleged, the fraud must be asserted not later than six (6) years after the order is entered.

As added by P.L.2-1998, SEC.75.
Ind. Code § 31-14-9-1 — Indiana Code / Title 31 / Article 14 / Chapter 9 / Section 31-14-9-1
Preparation of record of paternity determination
Status: in_force

Sec. 1. Upon a finding that a man is a child's biological father, the clerk of the court shall prepare a record of the paternity determination on a form prescribed and furnished by the Indiana department of health. The record must include the following:

(1) Facts necessary to locate and identify the birth certificate of the child whose paternity has been established.

(2) A notice from the court indicating that the child's paternity has been established in a court proceeding under this article (or IC 31-6-6.1 before its repeal), including identification of the court action and proceedings.

(3) The name and address of the child's father.

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

As added by P.L.1-1997, SEC.6. Amended by P.L.56-2023, SEC.260.
Ind. Code § 31-35-1.5-11 — Indiana Code / Title 31 / Article 35 / Chapter 1.5 / Section 31-35-1.5-11
Fees charged by child placing agency to prospective adoptive family
Status: in_force

Sec. 11. A licensed child placing agency that files a petition under section 4 of this chapter with respect to a safe haven infant may not charge a prospective adoptive family of the safe haven infant a fee that exceeds the direct costs incurred by the licensed child placing agency for services related to:

(1) the placement of the safe haven infant with the family; and

(2) the licensed child placement agency's participation in the proceedings under this chapter concerning the petition.

As added by P.L.45-2023, SEC.13.
Ind. Code § 31-27-3-27 — Indiana Code / Title 31 / Article 27 / Chapter 3 / Section 31-27-3-27
Notice
Status: in_force

Sec. 27. (a) After a license is revoked, the department shall notify in writing each person responsible for each child in care to ensure that those children are removed.

(b) The written notice shall be sent to the last known address of the person responsible for the child in care and shall state that the license of the child caring institution has been revoked.

As added by P.L.145-2006, SEC.273. Amended by P.L.146-2006, SEC.29.
Ind. Code § 31-36-2-3 — Indiana Code / Title 31 / Article 36 / Chapter 2 / Section 31-36-2-3
Dental records; examination; copies
Status: in_force

Sec. 3. (a) If a child has:

(1) been reported missing to a law enforcement agency; and

(2) not been located within thirty (30) days after the report was made to the law enforcement agency;

the law enforcement agency conducting the investigation of the missing child may request a parent or guardian of the missing child to provide written consent for the law enforcement agency to examine a copy of the missing child's dental records.

(b) A dentist receiving a request from a law enforcement agency with written consent provided under subsection (a) shall provide a copy of the missing child's dental records to the law enforcement agency.

[Pre-1997 Recodification Citation: 31-6-13-7.]

As added by P.L.1-1997, SEC.19.
Ind. Code § 31-34-21-7 — Indiana Code / Title 31 / Article 34 / Chapter 21 / Section 31-34-21-7
Deadline for permanency hearing; permanency plans; continuing juvenile court jurisdiction
Status: in_force

Sec. 7. (a) The court shall hold a permanency hearing:

(1) not more than thirty (30) days after a court finds that reasonable efforts to reunify or preserve a child's family are not required as described in section 5.6 of this chapter;

(2) every twelve (12) months after:

(A) the date of the original dispositional decree; or

(B) a child in need of services was removed from the child's parent, guardian, or custodian;

whichever comes first;

(3) if:

(A) the child has been removed from the child's parent, guardian, or custodian for at least twelve (12) months; or

(B) at least twelve (12) months have expired since the date on which the child's dispositional decree was entered;

at the request of any party to the child in need of services proceeding that requests the permanency hearing on the basis that continuation of efforts to reunify or preserve the family are inconsistent with the best interests of the child; or

(4) more often if ordered by the juvenile court.

(b) The court shall:

(1) make the determination and findings required by section 5 of this chapter;

(2) consider the question of continued jurisdiction and whether the dispositional decree should be modified;

(3) consider recommendations of persons listed under section 4 of this chapter, before approving a permanency plan under subdivision (5);

(4) consult with the child in person, or through an interview with or written statement or report submitted by:

(A) a guardian ad litem or court appointed special advocate for the child;

(B) a case manager; or

(C) the person with whom the child is living and who has primary responsibility for the care and supervision of the child;

in an age appropriate manner as determined by the court, regarding the proposed permanency plan;

(5) consider and approve a permanency plan for the child:

(A) that complies with the requirements set forth in section 7.5 of this chapter; and

(B) if the child has, at the time of the permanency hearing, been removed from the child's parent for at least twelve (12) months of the most recent twenty-two (22) months, that includes at least one (1) intended permanent or long term arrangement for care and custody of the child under section 7.5(c) of this chapter that would not return the child to the care and custody of the parent, guardian, or custodian from whose care and custody the child has been removed;

(6) determine whether an existing permanency plan must be modified; and

(7) examine procedural safeguards used by the department to protect parental rights.

(c) If a child is less than sixteen (16) years of age, the intended permanent or long term arrangement for care and custody of the child under section 7.5(c) of this chapter may be guardianship or placement with a permanent custodian only if the proposed guardian or custodian appears before the court and testifies as to the individual's willingness to assume custody of the child.

(d) If the child is at least sixteen (16) years of age and the proposed permanency plan provides for another planned permanent living arrangement, the court shall, at each permanency hearing, do all the following:

(1) Require the department to provide notice of the permanency hearing to the child, in accordance with section 4(a) of this chapter.

(2) Provide to the child an opportunity to be heard and to make recommendations to the court, in accordance with section 4(d) of this chapter.

(3) Require the department to document or provide testimony regarding the intensive, ongoing, and, as of the date of the hearing, unsuccessful efforts made by the department to return the child home or secure a placement for the child with a fit and willing relative, legal guardian, or adoptive parent, including efforts through the use of search technology, such as social media, to find biological or adoptive family members for the child.

(4) Ask the child about the desired permanency outcome for the child and document the child's response.

(5) Make a judicial determination explaining why, as of the date of the hearing, another planned permanent living arrangement is the best permanency plan for the child and provide compelling reasons why it continues to not be in the best interests of the child to:

(A) return home;

(B) be placed for adoption;

(C) be placed with a legal guardian; or

(D) be placed with a fit and willing relative.

(6) Require the department to document or provide testimony regarding the steps the department is taking to ensure that:

(A) the child's foster family home, group home, secure private facility, or child caring institution is following the reasonable and prudent parent standard; and

(B) the child has regular, ongoing opportunities to engage in age or developmentally appropriate activities, including consulting with the child in an age appropriate manner about the opportunities for the child to participate in the activities.

(e) There is a rebuttable presumption that jurisdiction over the child in a child in need of services proceeding continues for not longer than twelve (12) months after the date of the original dispositional decree or twelve (12) months after the child in need of services was removed from the child's parent, guardian, or custodian, whichever occurs first. The state may rebut the presumption and show that jurisdiction should continue by proving that the objectives of the dispositional decree have not been accomplished, that a continuation of the decree with or without any modifications is necessary, and that it is in the child's best interests for the court to maintain its jurisdiction over the child. If the department does not sustain its burden for continued jurisdiction, the court shall:

(1) direct the department to establish a permanency plan within thirty (30) days; or

(2) discharge the child and the child's parent, guardian, or custodian.

The court may retain jurisdiction to the extent necessary to carry out any orders under subdivision (1).

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

As added by P.L.1-1997, SEC.17. Amended by P.L.35-1998, SEC.16; P.L.1-1999, SEC.63; P.L.14-2000, SEC.64; P.L.145-2006, SEC.322; P.L.138-2007, SEC.74; P.L.72-2008, SEC.4; P.L.104-2015, SEC.40; P.L.69-2024, SEC.2; P.L.179-2025, SEC.20.
Ind. Code § 31-27-5-33 — Indiana Code / Title 31 / Article 27 / Chapter 5 / Section 31-27-5-33
Investigation of unlicensed group homes; injunctions; civil penalties
Status: in_force

Sec. 33. (a) The department shall investigate a report of an unlicensed group home and report the department's 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 is operating without a license required under this article.

(3) Seek in a civil action a civil penalty not to exceed one hundred dollars ($100) a day for each day a group home is operating without a license required under this article.

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

(d) The civil penalties collected under this section shall be deposited in the department of child services child care fund established by IC 31-25-2-16.

As added by P.L.145-2006, SEC.273. Amended by P.L.1-2007, SEC.204; P.L.128-2012, SEC.128.
Ind. Code § 31-34-1-5 — Indiana Code / Title 31 / Article 34 / Chapter 1 / Section 31-34-1-5
Parent, guardian, or custodian allowing child to commit sex offense
Status: in_force

Sec. 5. A child is a child in need of services if before the child becomes eighteen (18) years of age:

(1) the child's parent, guardian, or custodian allows the child to commit a sex offense prohibited by IC 35-45-4; and

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

(A) the child is not receiving; and

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

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

As added by P.L.1-1997, SEC.17. Amended by P.L.2-2005, SEC.79.
Ind. Code § 31-26-4-6 — Indiana Code / Title 31 / Article 26 / Chapter 4 / Section 31-26-4-6
Members of board
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. 6. The board consists of the following ten (10) members:

(1) Two (2) individuals who are not members of the general assembly, appointed by the president pro tempore of the senate with advice from the minority leader of the senate.

(2) Two (2) individuals who are not members of the general assembly, appointed by the speaker of the house of representatives with advice from the minority leader of the house of representatives.

(3) The director of the department or the director's designee.

(4) Four (4) individuals appointed by the governor as follows:

(A) One (1) individual who represents the general public.

(B) Two (2) individuals who represent child advocacy organizations.

(C) One (1) individual who represents the medical community.

(5) The commissioner of the Indiana department of health or the commissioner's designee. An individual designated by the commissioner under this subdivision must have knowledge of or experience in issues relating to:

(A) the prevention of child abuse and neglect; and

(B) the reduction of infant mortality.

As added by P.L.145-2006, SEC.272. Amended by P.L.56-2023, SEC.298.
Ind. Code § 31-9-2.1-123 — Indiana Code / Title 31 / Article 9 / Chapter 2.1 / Section 31-9-2.1-123
"Incapacitated person"
Status: in_force

Sec. 123. "Incapacitated person", for purposes of IC 31-11-10-1, IC 31-15-2-5, and IC 31-15-3-4, has the meaning set forth in IC 29-3-1-7.5.

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

Sec. 4. The salary of a part-time juvenile court referee appointed under this chapter shall be paid from juvenile probation user's fees under IC 31-40-2 upon the approval of the county fiscal body.

[Pre-1997 Recodification Citation: 31-6-9-2.1(b) part.]

As added by P.L.1-1997, SEC.14.
Ind. Code § 31-35-3.5-3 — Indiana Code / Title 31 / Article 35 / Chapter 3.5 / Section 31-35-3.5-3
Petition to terminate parental rights
Status: in_force

Sec. 3. Subject to section 4 of this chapter, if a child was conceived as a result of an act of rape, the parent who is the victim of the act of rape may file a verified petition with the juvenile or probate court to terminate the parent-child relationship between the child and the alleged perpetrator of the act of rape.

As added by P.L.64-2016, SEC.3.
Ind. Code § 31-39-2-5 — Indiana Code / Title 31 / Article 39 / Chapter 2 / Section 31-39-2-5
Access to court records by prosecuting attorney and staff
Status: in_force

Sec. 5. The records of the juvenile court are available without a court order to the prosecuting attorney or any authorized staff member. The juvenile court shall cooperate with a prosecuting attorney or any authorized staff member to ensure that these records are accessible by web portal to the prosecuting attorney, and are otherwise available in a timely manner to a prosecuting attorney or any authorized staff member acting within the scope of their duties.

[Pre-1997 Recodification Citation: 31-6-8-1(b) part.]

As added by P.L.1-1997, SEC.22. Amended by P.L.77-2025, SEC.2.
Ind. Code § 31-16-17-11 — Indiana Code / Title 31 / Article 16 / Chapter 17 / Section 31-16-17-11
Continuing order; modification; execution
Status: in_force

Sec. 11. (a) An order of the court under section 10 of this chapter is a continuing order. The court has jurisdiction to modify the order with respect to:

(1) the order's continuation;

(2) the amount of support; and

(3) the method of payment at any time during the need of the parent or during the financial ability of the child.

(b) The order:

(1) must be for the payment of periodical amounts, equal or varying; and

(2) may be apportioned in different amounts between the respective children who may be parties defendant to the proceedings.

(c) Execution of the order:

(1) may issue on the judgment if an amount is due on the judgment; and

(2) shall be executed without any relief from valuation, appraisement, or exemption laws.

[Pre-1997 Recodification Citation: 31-2-9-5 part.]

As added by P.L.1-1997, SEC.8.
Ind. Code § 31-9-2.1-174 — Indiana Code / Title 31 / Article 9 / Chapter 2.1 / Section 31-9-2.1-174
"Parent"
Status: in_force

Sec. 174. (a) "Parent", for purposes of the juvenile law, means a biological or an adoptive parent. Unless otherwise specified, the term includes both parents, regardless of their marital status.

(b) "Parent", for purposes of IC 31-34-1, IC 31-34-8, IC 31-34-19, IC 31-34-20, and IC 31-35-2, includes an alleged father.

(c) "Parent", for purposes of IC 31-42, means a child's:

(1) biological father or mother;

(2) adopting father or mother; or

(3) court appointed guardian or custodian.

As added by P.L.145-2026, SEC.161.
Ind. Code § 31-19-11-2 — Indiana Code / Title 31 / Article 19 / Chapter 11 / Section 31-19-11-2
Custody provision in decree
Status: in_force

Sec. 2. If the child is a ward of:

(1) a guardian;

(2) an agency; or

(3) the department;

the court shall provide for the custody of the child in the adoption decree.

[Pre-1997 Recodification Citation: 31-3-1-8(b).]

As added by P.L.1-1997, SEC.11. Amended by P.L.146-2008, SEC.560.
Ind. Code § 31-37-22-4 — Indiana Code / Title 31 / Article 37 / Chapter 22 / Section 31-37-22-4
Notification of report; notice
Status: in_force

Sec. 4. If a hearing is required, IC 31-37-17 governs the preparation and use of a modification report. The report shall be prepared if the state or any person other than the child or the child's parent, guardian, guardian ad litem, or custodian is requesting the modification. Notice of any hearing under this chapter shall be given in accordance with IC 31-37-18-1.3.

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

As added by P.L.1-1997, SEC.20. Amended by P.L.138-2007, SEC.89.
Ind. Code § 31-15-6-7 — Indiana Code / Title 31 / Article 15 / Chapter 6 / Section 31-15-6-7
Subpoena powers; presentation of evidence
Status: in_force

Sec. 7. A guardian ad litem or court appointed special advocate appointed by a court under this chapter (or IC 31-1-11.5-28 before its repeal) may subpoena witnesses and present evidence regarding:

(1) the supervision of the action; or

(2) any investigation and report that the court requires of the guardian ad litem or court appointed special advocate.

[Pre-1997 Recodification Citation: 31-1-11.5-28(j) part.]

As added by P.L.1-1997, SEC.7.
Ind. Code § 31-16-12.5-5 — Indiana Code / Title 31 / Article 16 / Chapter 12.5 / Section 31-16-12.5-5
Hearing; notice
Status: in_force

Sec. 5. (a) If the court receives notification under section 4(b) of this chapter that the obligor is eligible for a state income tax refund, the court shall set the matter for a hearing at least thirty (30) days after the date that the court receives notification under section 4(b) of this chapter.

(b) If the court sets the matter for a hearing under subsection (a), the court must send notice of the hearing by certified mail, return receipt requested, to the most recent address of the obligor. The notice must include the date of the hearing and a copy of the petition filed under section 2 of this chapter.

(c) If the court receives notification under section 4(b) of this chapter that the obligor filed a joint state income tax return, the court shall send a notice to the individual with whom the obligor filed a joint state income tax return by certified mail, return receipt requested, and inform the individual:

(1) of the hearing date;

(2) that the court may order the individual's and obligor's joint state income tax refund to be intercepted for the obligor's past due child support payments; and

(3) that the individual may petition the court or provide testimony at the hearing that the individual believes that part of the individual's and obligor's joint state income tax refund should not be intercepted for the obligor's child support and should be paid to the individual.

As added by P.L.27-2004, SEC.4.
Ind. Code § 31-27-2-4 — Indiana Code / Title 31 / Article 27 / Chapter 2 / Section 31-27-2-4-b
Rules; establishment of standards
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. (a) The department shall adopt rules under IC 4-22-2 concerning the licensing and inspection of:

(1) child caring institutions, foster family homes, group homes, and child placing agencies after consultation with the:

(A) Indiana department of health; and

(B) department of homeland security; and

(2) child caring institutions and group homes that are licensed for infants and toddlers after consultation with the division of family resources.

(b) The rules adopted under subsection (a) shall be applied by the department in the licensing and inspection of applicants for a license and licensees under this article.

(c) The rules adopted under IC 4-22-2 must establish minimum standards for the care and treatment of children in a secure private facility.

(d) The rules described in subsection (c) must include standards governing the following:

(1) Admission criteria.

(2) General physical and environmental conditions.

(3) Services and programs to be provided to confined children.

(4) Procedures for ongoing monitoring and discharge planning.

(5) Procedures for the care and control of confined persons that are necessary to ensure the health, safety, and treatment of confined children.

(e) The department shall license a facility as a secure private facility if the facility:

(1) meets the minimum standards required under subsection (c);

(2) provides a continuum of care and services; and

(3) is licensed under IC 31-27-3.

(f) A waiver of the rules may not be granted for treatment and reporting requirements.

(g) Rules that the department of homeland security adopts under IC 22-13-2-2:

(1) establish the minimum building and fire safety requirements applicable to structures covered by this article; and

(2) take precedence over conflicting rules as provided for in IC 22-13-2-3.

(h) The department may not adopt rules regulating the same subject matter as rules adopted by the department of homeland security.

As added by P.L.145-2006, SEC.273. Amended by P.L.131-2009, SEC.35; P.L.162-2011, SEC.22; P.L.128-2012, SEC.95; P.L.56-2023, SEC.301; P.L.93-2024, SEC.204; P.L.1-2025, SEC.223; P.L.28-2026, SEC.38; P.L.152-2026, SEC.468.
Ind. Code § 31-16-9-5 — Indiana Code / Title 31 / Article 16 / Chapter 9 / Section 31-16-9-5
Duty of noncustodial parent to furnish employer and health insurance information and Social Security number
Status: in_force

Sec. 5. In all cases administered by the Title IV-D agency, the court shall order the noncustodial parent to inform the Title IV-D agency and the court of the following:

(1) The name and address of the noncustodial parent's current employer.

(2) Access to health insurance.

(3) Specific health insurance policy information.

(4) The noncustodial parent's Social Security number.

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

As added by P.L.1-1997, SEC.8.
Ind. Code § 31-21-2-15 — Indiana Code / Title 31 / Article 21 / Chapter 2 / Section 31-21-2-15
"Petitioner"
Status: in_force

Sec. 15. "Petitioner" means a person who seeks enforcement of:

(1) an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction; or

(2) a child custody determination.

As added by P.L.138-2007, SEC.45.
Ind. Code § 31-40-2-1.7 — Indiana Code / Title 31 / Article 40 / Chapter 2 / Section 31-40-2-1.7
Early payment of probation user's fee; recalculation of probation user's fee; discharge; multiple fees; wage garnishment
Status: in_force

Sec. 1.7. (a) A person may pay a monthly probation user's fee under section 1 or 1.5 of this chapter before the date the payment is required to be made without obtaining the prior approval of a court or a probation department. However, if a delinquent child is discharged from probation before the date the delinquent child was scheduled to be released from probation, any monthly probation user's fee paid in advance for the delinquent child may not be refunded.

(b) A probation department may petition a court to:

(1) impose a probation user's fee on a person; or

(2) increase a person's probation user's fee;

under section 1 or 1.5 of this chapter if the financial ability of the person to pay a probation user's fee changes while the person is on probation.

(c) An order to pay a probation user's fee under section 1 or 1.5 of this chapter:

(1) is a judgment lien that:

(A) attaches to the property of the person subject to the order;

(B) may be perfected;

(C) may be enforced to satisfy any payment that is delinquent under section 1 or 1.5 of this chapter; and

(D) expires;

in the same manner as a judgment lien created in a civil proceeding;

(2) is not discharged by the completion of the person's probationary period or other sentence imposed on the person; and

(3) is not discharged by the liquidation of a person's estate by a receiver under IC 32-30-5.

(d) A delinquent child placed on probation for more than one (1) delinquent act:

(1) may be required to pay more than one (1) initial probation user's fee; and

(2) may not be required to pay more than one (1) monthly probation user's fee per month;

to either the probation department or the clerk of the court.

(e) If a court orders a person to pay a probation user's fee under section 1 or 1.5 of this chapter, the court may garnish the wages, salary, and other income earned by the person to enforce the order.

As added by P.L.2-2005, SEC.82. Amended by P.L.125-2012, SEC.407; P.L.217-2014, SEC.185.
Ind. Code § 31-21-5-9 — Indiana Code / Title 31 / Article 21 / Chapter 5 / Section 31-21-5-9
Court declining exercise of jurisdiction if person engaged in unjustifiable conduct; exceptions; remedies; reasonable expenses
Status: in_force

Sec. 9. (a) Except as otherwise provided in section 4 of this chapter or by any other Indiana law, if an Indiana court has jurisdiction under this article because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise its jurisdiction unless:

(1) the child's parents and any person acting as a parent have acquiesced in the exercise of jurisdiction;

(2) a court of the state otherwise having jurisdiction under sections 1 through 3 of this chapter determines that Indiana is a more appropriate forum under section 8 of this chapter; or

(3) no court of any other state would have jurisdiction under the criteria specified in sections 1 through 3 of this chapter.

(b) If an Indiana court declines to exercise its jurisdiction under subsection (a), the Indiana court may fashion an appropriate remedy to:

(1) ensure the safety of the child; and

(2) prevent a repetition of the unjustifiable conduct;

including staying the proceeding until a child custody proceeding is commenced in a court having jurisdiction under sections 1 through 3 of this chapter.

(c) If a court dismisses a petition or stays a proceeding because it declines to exercise its jurisdiction under subsection (a), the court shall assess against the party seeking to invoke its jurisdiction necessary and reasonable expenses, including:

(1) costs;

(2) communication expenses;

(3) attorney's fees;

(4) investigative fees;

(5) expenses for witnesses;

(6) travel expenses; and

(7) child care during the course of the proceedings;

unless the party from whom fees are sought establishes that the assessment would be clearly inappropriate. The court may not assess fees, costs, or expenses against the state unless authorized by law other than this article.

As added by P.L.138-2007, SEC.45.
Ind. Code § 31-9-2.1-255 — Indiana Code / Title 31 / Article 9 / Chapter 2.1 / Section 31-9-2.1-255
"Voluntary information"
Status: in_force

Sec. 255. "Voluntary information", for purposes of IC 31-19-18, means the information transmitted to the state registrar as provided in IC 31-19-18-3.

As added by P.L.145-2026, SEC.161.
Ind. Code § 31-9-2.1-34 — Indiana Code / Title 31 / Article 9 / Chapter 2.1 / Section 31-9-2.1-34
"Child advocacy center"
Status: in_force

Sec. 34. "Child advocacy center", for purposes of IC 31-25-2-14.5 and IC 31-33-18-2, means a child focused, trauma informed community based organization that:

(1) is:

(A) recognized by the Indiana Chapter of National Children's Alliance; and

(B) designed to collaborate on reports of child abuse or neglect;

(2) coordinates a multidisciplinary team; and

(3) facilitates forensic interviews.

As added by P.L.145-2026, SEC.161.
Ind. Code § 31-10-1-1 — Indiana Code / Title 31 / Article 10 / Chapter 1 / Section 31-10-1-1
Purpose of recodification act
Status: in_force

Sec. 1. The purpose of the recodification act of the 1997 regular session of the general assembly is to recodify prior family law and juvenile law in a style that is clear, concise, and easy to interpret and apply. Except to the extent that:

(1) the recodification act of the 1997 regular session of the general assembly is amended to reflect the changes made in a provision of another bill that adds to, amends, or repeals a provision in the recodification act of the 1997 regular session of the general assembly; or

(2) the minutes of meetings of the code revision commission during 1996 expressly indicate a different purpose;

the substantive operation and effect of the prior family law and juvenile law continue uninterrupted as if the recodification act of the 1997 regular session of the general assembly had not been enacted.

[1997 Recodification Citation: New.]

As added by P.L.1-1997, SEC.2.
Ind. Code § 31-14-1.5-2 — Indiana Code / Title 31 / Article 14 / Chapter 1.5 / Section 31-14-1.5-2
Bonds; form
Status: in_force

Sec. 2. A bond described in section 1 of this chapter may be prepared in substantially the following form:

STATE OF INDIANA

)

) SS:

COUNTY OF __________________

)

)

)

IN THE MATTER OF:

)

)

Name of Parent (As the Principal)

)

Name of Parent (As the Obligee)

)

)

CHILD:

)

Name of Child

)

KNOW ALL MEN BY THESE PRESENTS, that we _________, as Principal, and _____, as Surety, are held and firmly bound unto _____, as Obligee, in the penal sum of ____ Dollars ($____), for the payment of which well and truly to be made we hereby bind ourselves and our heirs, administrators, successors, and assigns, jointly and severally, firmly by these presents.

WHEREAS, an Order was duly made and entered by the above Court in the State of Indiana, County of ____, dated ____, defining custody, parenting time, and support rights regarding the named children.

NOW THEREFORE, the conditions of this obligation are such that:

1. No right of action on this bond shall be granted for the use or benefit of any individual, partnership, corporation, or other entity, other than the named Obligee.

2. It is agreed that neither this bond nor the obligation of this bond, nor any interest in this bond, may be assigned without the prior express written consent of the Surety.

3. Payment under this bond shall be conditioned upon the Obligee's, or the representative of the Obligee's, filing a motion with the court seeking a declaration of forfeiture of the bond and the Court's finding and entry of a final judgment ordering the Principal and Surety to make such payment. A certified copy of the filing shall be provided to the Surety at its address of record. The Surety shall make payment within thirty (30) days of receiving notification of the final judgment directly to a Trustee appointed by the Court who shall administer the funds in a fiduciary capacity.

4. The Surety shall not be liable hereunder for any amount larger than the face amount of this bond.

5. This bond and the obligation hereunder shall terminate and be of no further effect if the Court order requiring it is modified in any way without the Surety's consent, the Court order expires, or this cause is removed to another jurisdiction.

6. The Surety may file a motion with the Court for discharge of this bond and its obligation hereunder for any good cause. Good cause includes, but is not limited to, misrepresentation or fraud in the initial application for this bond, nonpayment of premium, loss of collateral, or resignation of the Indemnitor. The Surety shall give notice of any such motion to the Obligee.

NOW THEREFORE, if the Principal faithfully complies with the requirements and conditions of the Court Order within the limitations and parameters set forth therein, then this Obligation shall be void, otherwise it shall remain in full force and effect.

In witness whereof, each party to this bond has caused it to be executed at the place and on the date indicated below.

Signed, sealed and dated on this ____ day of ____, 20___.

Principal:

Surety:

_______________________

_________________________

(Name and address of Principal)

(Name and address of Surety)

_______________________

_________________________

(Signature of Principal)

(Countersigned by attorney-in-fact)

(Surety seal)

Witness:

As added by P.L.171-2001, SEC.1. Amended by P.L.68-2005, SEC.12.
Ind. Code § 31-14-11-2.5 — Indiana Code / Title 31 / Article 14 / Chapter 11 / Section 31-14-11-2.5
Repealed
Status: repealed

As added by P.L.210-2011, SEC.3. Repealed by P.L.207-2013, SEC.21.
Ind. Code § 31-16-20-5 — Indiana Code / Title 31 / Article 16 / Chapter 20 / Section 31-16-20-5
Hearing requirement; contents of petition; notice
Status: in_force

Sec. 5. (a) Except as provided in section 6 of this chapter, the order for the transfer of the proceedings may be made only after a hearing is held on a petition filed by or on behalf of the parent or other person having custody of the children.

(b) The petition must:

(1) set forth:

(A) the facts upon which the petition is based; and

(B) the reasons for requesting the transfer of the proceedings; and

(2) be verified.

(c) Notice shall be issued on the petition to the other parent notifying the other parent of:

(1) the pendency of the petition; and

(2) the time and place where the hearing will be heard.

(d) The hearing court shall:

(1) advance the hearing on the docket; and

(2) promptly hold the hearing.

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

As added by P.L.1-1997, SEC.8.
Ind. Code § 31-25-3-2 — Indiana Code / Title 31 / Article 25 / Chapter 3 / Section 31-25-3-2
Duties of bureau; access to information
Status: in_force

Sec. 2. (a) The bureau shall operate the state parent locator service. The bureau shall make all necessary requests and responses to the federal parent locator service and to the parent locator services of the other states.

(b) To carry out the bureau's responsibilities under this chapter, the bureau or a prosecuting attorney, private attorney, or private entity operating under an agreement or contract described in IC 31-25-4-13.1 shall, subject to policies adopted by the superintendent of the state police department concerning the disclosure of law enforcement records, be granted access to information that is contained in an information system used by the state to locate an individual for purposes relating to motor vehicles or law enforcement.

(c) To carry out the bureau's responsibilities under this chapter, the bureau, through the parent locator service, may request information and assistance from a state, county, city, or town agency. Officers and employees of a state, county, city, or town agency shall cooperate with the bureau in determining the location of a parent who:

(1) owes child support; or

(2) has abandoned or deserted a child;

by providing the pertinent information relative to the location, income, and property of the parent, notwithstanding any other statute making the information confidential.

(d) Notwithstanding any other statute making the information confidential, each person doing business in Indiana shall provide the bureau or an agent of the bureau with the following information, if available, upon receipt of the certification described in subsection (e):

(1) Full name of the parent.

(2) Social Security number of the parent.

(3) Date of birth of the parent.

(4) Address of the parent's residence.

(5) Amount of wages earned by the parent.

(6) Number of dependents claimed by the parent on state and federal tax withholding forms.

(7) Name and address of the parent's employer.

(8) Name and address of any financial institution maintaining an account for the parent.

(9) Address of any real property owned by the parent.

(10) Name and address of the parent's health insurance carrier and health coverage policy number.

(e) The parent locator service shall certify that the information requested in subsection (d) is for the purpose of locating a parent who owes child support or who has abandoned a child and that the information obtained is to be treated as confidential by the bureau and any other state to which the information is released.

(f) A business in Indiana and each unit of state and local government shall comply with an administrative subpoena issued by a Title IV-D agency in another jurisdiction. The information requested may not be provided unless the Title IV-D agency of the other jurisdiction certifies that the information will be treated as confidential. The business or unit of government shall provide the Title IV-D agency of the other jurisdiction with the information listed in subsection (d), if available, if requested in the subpoena, upon certification by the Title IV-D agency of the other jurisdiction that the information is for the purpose of locating a parent who owes child support or who has abandoned or deserted a child.

(g) A person may not knowingly refuse to give the bureau, the bureau's agents, or the Title IV-D agency of another jurisdiction the following:

(1) The name of a parent of a child for whom the state is providing public assistance.

(2) Information that may assist the parent locator service or other jurisdiction in locating the parent of a child.

(h) Information obtained under this section may not be used in a criminal prosecution against the informant.

(i) A person may not knowingly give the bureau or the Title IV-D agency of another jurisdiction the incorrect name of a parent of a child or knowingly give the parent locator service incorrect information on the parent's whereabouts for the purpose of concealing the identity of the real parent of the child or the location of the parent.

As added by P.L.145-2006, SEC.271. Amended by P.L.80-2010, SEC.46.
Ind. Code § 31-26-5-6 — Indiana Code / Title 31 / Article 26 / Chapter 5 / Section 31-26-5-6
Family preservation services; maximum caseload per caseworker
Status: in_force

Sec. 6. A caseworker who provides family preservation services may retain a maximum caseload of twelve (12) families.

As added by P.L.145-2006, SEC.272.
Ind. Code § 31-17-2-21.5 — Indiana Code / Title 31 / Article 17 / Chapter 2 / Section 31-17-2-21.5
Security, bond, or guarantee
Status: in_force

Sec. 21.5. The court may provide in:

(1) a custody order; or

(2) a modification to a custody order;

for the security, bond, or other guarantee that is satisfactory to the court to secure enforcement of the custody order.

As added by P.L.171-2001, SEC.11.
Ind. Code § 31-14-14-1 — Indiana Code / Title 31 / Article 14 / Chapter 14 / Section 31-14-14-1
Parenting time rights of noncustodial parent; in chambers interview of child; rebuttable presumption for supervised parenting time
Status: in_force

Sec. 1. (a) A noncustodial parent is entitled to reasonable parenting time rights unless the court finds, after a hearing, that parenting time might:

(1) endanger the child's physical health and well-being; or

(2) significantly impair the child's emotional development.

(b) The court may interview the child in chambers to assist the court in determining the child's perception of whether parenting time by the noncustodial parent might endanger the child's physical health or significantly impair the child's emotional development.

(c) In a hearing under subsection (a), there is a rebuttable presumption that a person who has been convicted of:

(1) child molesting (IC 35-42-4-3); or

(2) child exploitation (IC 35-42-4-4);

might endanger the child's physical health and well-being or significantly impair the child's emotional development.

(d) Except as provided in subsection (e), if a court grants parenting time rights to a person who has been convicted of:

(1) child molesting (IC 35-42-4-3); or

(2) child exploitation (IC 35-42-4-4);

there is a rebuttable presumption that the parenting time with the child must be supervised.

(e) If a court grants parenting time rights to a person who has been convicted of:

(1) child molesting (IC 35-42-4-3); or

(2) child exploitation (IC 35-42-4-4);

within the previous five (5) years, the court shall order that the parenting time with the child must be supervised.

(f) The court may permit counsel to be present at the interview. If counsel is present:

(1) a record may be made of the interview; and

(2) the interview may be made part of the record for purposes of appeal.

[Pre-1997 Recodification Citation: 31-6-6.1-12(a).]

As added by P.L.1-1997, SEC.6. Amended by P.L.15-2004, SEC.1; P.L.68-2005, SEC.19; P.L.95-2009, SEC.4; P.L.13-2016, SEC.8; P.L.223-2019, SEC.1; P.L.92-2026, SEC.15.
Ind. Code § 31-21-5-11 — Indiana Code / Title 31 / Article 21 / Chapter 5 / Section 31-21-5-11
Additional information required by each party in a child custody proceeding
Status: in_force

Sec. 11. If the declaration as to any of the items described in section 10(b)(1) through 10(b)(3) of this chapter is in the affirmative, the party shall give additional information under oath as required by the court. The court may examine the parties under oath as to details of the information furnished and other matters pertinent to:

(1) the court's jurisdiction; and

(2) the disposition of the case.

As added by P.L.138-2007, SEC.45.
Ind. Code § 31-9-2.1-54 — Indiana Code / Title 31 / Article 9 / Chapter 2.1 / Section 31-9-2.1-54
"Child with special needs"
Status: in_force

Sec. 54. "Child with special needs", for purposes of IC 31-19-26.5, has the meaning set forth in IC 31-19-26.5-2.

As added by P.L.145-2026, SEC.161.
Ind. Code § 31-12-2-1 — Indiana Code / Title 31 / Article 12 / Chapter 2 / Section 31-12-2-1
Application of law
Status: in_force

Sec. 1. This chapter applies only to the following:

(1) A judicial circuit in which there is located a consolidated city and the judges of the superior court and the judge of the circuit court determine that the social conditions in the county and the number of domestic relations cases in the courts make the procedures provided under this chapter necessary for the full and proper consideration of the cases and the effectuation of the purposes of this chapter.

(2) A county having a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000) in which the judge of the circuit court determines that the social conditions in the county and the number of domestic relations cases in the county's courts make the procedures provided under this chapter necessary for the full and proper consideration of the cases and the effectuation of the purposes of this chapter.

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

As added by P.L.1-1997, SEC.4. Amended by P.L.11-2023, SEC.97.
Ind. Code § 31-19-11-5 — Indiana Code / Title 31 / Article 19 / Chapter 11 / Section 31-19-11-5
Dismissal of petition; gradual change of custody
Status: in_force

Sec. 5. (a) If the court dismisses a petition for adoption, the court shall determine the person who should have custody of the child.

(b) If the court determines that it is necessary to change the child's custody to another person, regardless of the person's right to immediate custody, the court may order a plan for a gradual change of custody to ease the child's transition unless the gradual change of custody would:

(1) endanger the child's physical health; or

(2) significantly impair the child's emotional development.

(c) The court may do the following:

(1) Implement a change of custody under this section by gradually increasing the child's visitation with each person who is entitled to custody.

(2) Order counseling for the child and the persons involved in the change of custody so that a plan for the gradual change of custody may be developed and implemented.

(3) Consult with the counselor who assists the persons in developing the plan to determine an order for the gradual change of custody that meets the child's best interests.

[Pre-1997 Recodification Citation: 31-3-1-8(e).]

As added by P.L.1-1997, SEC.11.
Ind. Code § 31-32-2.5-2 — Indiana Code / Title 31 / Article 32 / Chapter 2.5 / Section 31-32-2.5-2
Hearing
Status: in_force

Sec. 2. (a) Except as provided in subsection (b) or (c), a court may grant or deny a petition filed under this chapter with or without a hearing on the petition.

(b) This subsection applies to a child in need of services proceeding. If the petitioner to intervene under this chapter is a long term foster parent and:

(1) a petition to terminate the parent-child relationship has been filed under IC 31-35-2-4;

(2) the petitioner has filed a petition to adopt the child under IC 31-19-2-2; or

(3) the court ordered permanency plan for the child is no longer reunification;

the court shall hold a hearing on a petition to intervene under this chapter before a court may grant or deny a petition under this chapter.

(c) This subsection applies to a termination of parent-child relationship proceeding. If the petitioner to intervene under this chapter is a long term foster parent, the court shall hold a hearing on a petition to intervene under this chapter before a court may grant or deny a petition under this chapter.

As added by P.L.210-2019, SEC.7.
Ind. Code § 31-35-3-4 — Indiana Code / Title 31 / Article 35 / Chapter 3 / Section 31-35-3-4
Petition; conviction of certain offenses
Status: in_force

Sec. 4. If:

(1) an individual is convicted of the offense of:

(A) murder (IC 35-42-1-1);

(B) causing suicide (IC 35-42-1-2);

(C) voluntary manslaughter (IC 35-42-1-3);

(D) involuntary manslaughter (IC 35-42-1-4);

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

(F) criminal deviate conduct (IC 35-42-4-2) (repealed);

(G) child molesting (IC 35-42-4-3);

(H) child exploitation (IC 35-42-4-4);

(I) sexual misconduct with a minor (IC 35-42-4-9); or

(J) incest (IC 35-46-1-3); and

(2) the victim of the offense:

(A) was less than sixteen (16) years of age at the time of the offense; and

(B) is:

(i) the individual's biological or adoptive child; or

(ii) the child of a spouse of the individual who has committed the offense;

the attorney for the department, the child's guardian ad litem, or the court appointed special advocate may file a petition with the juvenile or probate court to terminate the parent-child relationship of the individual who has committed the offense with the victim of the offense, the victim's siblings, or any biological or adoptive child of that individual.

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

As added by P.L.1-1997, SEC.18. Amended by P.L.145-2006, SEC.329; P.L.146-2008, SEC.618; P.L.158-2013, SEC.325; P.L.214-2013, SEC.27.
Ind. Code § 31-9-2.1-41 — Indiana Code / Title 31 / Article 9 / Chapter 2.1 / Section 31-9-2.1-41
"Child caregiver"
Status: in_force

Sec. 41. "Child caregiver", for purposes of sections 40 and 71 of this chapter, means a person who provides, or is responsible for providing, care and supervision of a child (other than a child of whom the person is a parent, stepparent, grandparent, aunt, uncle, sibling, legal guardian, or custodian with whom the person resides) at a residential property that is not the child's place of residence, if the person:

(1) is not required to be licensed as the operator of:

(A) a child care home under IC 12-17.2-5; or

(B) a foster family home under IC 31-27-4;

(2) provides care and supervision of a child while unattended by the child's:

(A) parent;

(B) guardian; or

(C) custodian with whom the child resides; and

(3) receives more than two thousand dollars ($2,000) in annual compensation for providing care and supervision of a child or children.

As added by P.L.145-2026, SEC.161.
Ind. Code § 31-21-2-18 — Indiana Code / Title 31 / Article 21 / Chapter 2 / Section 31-21-2-18
"Respondent"
Status: in_force

Sec. 18. "Respondent" means a person against whom a proceeding has been commenced for enforcement of:

(1) an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction; or

(2) a child custody determination.

As added by P.L.138-2007, SEC.45.
Ind. Code § 31-19-5-24 — Indiana Code / Title 31 / Article 19 / Chapter 5 / Section 31-19-5-24
Registering false information
Status: in_force

Sec. 24. A person who knowingly or intentionally registers false information under this chapter commits a Class A misdemeanor.

[Pre-1997 Recodification Citation: 31-3-1.5-21(a).]

As added by P.L.1-1997, SEC.11.
Ind. Code § 31-25-4-28 — Indiana Code / Title 31 / Article 25 / Chapter 4 / Section 31-25-4-28
Appropriation
Status: in_force

Sec. 28. A sufficient amount must be appropriated annually out of the state general fund for the administration of this chapter.

As added by P.L.145-2006, SEC.271.
Ind. Code § 31-26-4-4 — Indiana Code / Title 31 / Article 26 / Chapter 4 / Section 31-26-4-4
"Project"
Status: in_force

Sec. 4. As used in this chapter, "project" means an undertaking:

(1) that furthers the purposes of this chapter; and

(2) for which an expenditure from the fund may be made.

As added by P.L.145-2006, SEC.272.
Ind. Code § 31-37-18-7 — Indiana Code / Title 31 / Article 37 / Chapter 18 / Section 31-37-18-7
Provision of copies of dispositional report
Status: in_force

Sec. 7. The juvenile court shall send a copy of the dispositional report described in section 10 of this chapter to each person who receives placement or wardship of the child.

[Pre-1997 Recodification Citation: 31-6-4-15.3(g) part.]

As added by P.L.1-1997, SEC.20.
Ind. Code § 31-32-4-2 — Indiana Code / Title 31 / Article 32 / Chapter 4 / Section 31-32-4-2
Court appointment of counsel to represent child
Status: in_force

Sec. 2. (a) If:

(1) a child alleged to be a delinquent child does not have an attorney who may represent the child without a conflict of interest; and

(2) the child has not lawfully waived the child's right to counsel under IC 31-32-5 (or IC 31-6-7-3 before its repeal);

the juvenile court shall appoint counsel for the child at the detention hearing or at the initial hearing, whichever occurs first, or at any earlier time.

(b) The court may appoint counsel to represent any child in any other proceeding.

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

As added by P.L.1-1997, SEC.15.
Ind. Code § 31-14-21-7 — Indiana Code / Title 31 / Article 14 / Chapter 21 / Section 31-14-21-7
Failure to provide notice; vacation of paternity determination; intervention by adoptive parents
Status: in_force

Sec. 7. If the court has already established the paternity of a father who fails to provide notice under section 3 or 4 of this chapter and the prospective adoptive parents file a motion to intervene, the court shall:

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

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

[Pre-1997 Recodification Citation: 31-6-6.1-2.1(g).]

As added by P.L.1-1997, SEC.6.
Ind. Code § 31-27-7-3 — Indiana Code / Title 31 / Article 27 / Chapter 7 / Section 31-27-7-3
"Cost report"
Status: in_force

Sec. 3. As used in this chapter, "cost report" has the meaning set forth in 465 IAC 2-16-5 (as in effect on December 31, 2021).

As added by P.L.173-2022, SEC.4.
Ind. Code § 31-15-7-8 — Indiana Code / Title 31 / Article 15 / Chapter 7 / Section 31-15-7-8
Security, bond, or other guarantee of division of property
Status: in_force

Sec. 8. Upon entering an order under this chapter, the court may provide for the security, bond, or other guarantee that is satisfactory to the court to secure the division of property.

[Pre-1997 Recodification Citation: 31-1-11.5-15 part.]

As added by P.L.1-1997, SEC.7.
Ind. Code § 31-19-24-10 — Indiana Code / Title 31 / Article 19 / Chapter 24 / Section 31-19-24-10
Review and release of court ordered information
Status: in_force

Sec. 10. The court shall review the medical, identifying, or nonidentifying information submitted under section 9 of this chapter. The court may order the release of the information to the petitioner under this section to the extent that the court determines is just based upon the emergency medical need or good cause shown under section 2(2)(B) of this chapter.

[Pre-1997 Recodification Citation: 31-3-4-22(h).]

As added by P.L.1-1997, SEC.11.
Ind. Code § 31-27-4-1 — Indiana Code / Title 31 / Article 27 / Chapter 4 / Section 31-27-4-1
License required to operate foster family home; exception
Status: in_force

Sec. 1. (a) Except as provided in subsection (d), a person may not operate a foster family home without a license issued under this article.

(b) The state or a political subdivision of the state may not operate a foster family home without a license issued under this article.

(c) A person may not operate a foster family 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.

(d) A person may operate a foster family home without a license issued under this article if the person is a relative of the child for whom the person is providing supervision and care.

As added by P.L.145-2006, SEC.273. Amended by P.L.48-2012, SEC.27; P.L.123-2014, SEC.12.
Ind. Code § 31-21-6-3 — Indiana Code / Title 31 / Article 21 / Chapter 6 / Section 31-21-6-3
Temporary orders
Status: in_force

Sec. 3. (a) An Indiana court that does not have jurisdiction to modify a child custody determination may issue a temporary order enforcing:

(1) a visitation schedule made by a court of another state; or

(2) the visitation provisions of a child custody determination of another state that does not provide for a specific visitation schedule.

(b) If an Indiana court makes an order under subsection (a)(2), the Indiana court shall specify in the order a period that it considers adequate to allow the petitioner to obtain an order from a court having jurisdiction under the criteria specified in IC 31-21-5. The order remains in effect until:

(1) an order is obtained from the court having jurisdiction; or

(2) the period expires.

As added by P.L.138-2007, SEC.45.
Ind. Code § 31-28-4-2 — Indiana Code / Title 31 / Article 28 / Chapter 4 / Section 31-28-4-2
Financial responsibility for placed children
Status: in_force

Sec. 2. Financial responsibility for a child placed under the provisions of the interstate compact on the placement of children shall be determined in accordance with Article V. However, for the partial or complete default of performance, the provisions of IC 31-2-1 (before its repeal), IC 31-1.5 (before its repeal), IC 31-18.5, IC 12-14-22-9, and IC 12-14-22-10 also may be invoked. In any appropriate case, financial support or contribution may be obtained by an appropriate agency in Indiana under IC 31-40 to aid in the discharge of the financial obligations of a sending agency that has placed a child in another state under the compact.

As added by P.L.145-2006, SEC.274. Amended by P.L.206-2015, SEC.58.
Ind. Code § 31-14-11-19 — Indiana Code / Title 31 / Article 14 / Chapter 11 / Section 31-14-11-19
Repealed
Status: repealed

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

As added by P.L.1-1997, SEC.6. Repealed by P.L.207-2013, SEC.37.