Ind. Code § 31-28-1-4 — Indiana Code / Title 31 / Article 28 / Chapter 1 / Section 31-28-1-4
Transfer of records
Status: in_force

Sec. 4. The local office shall obtain the record from the provider required under section 3 of this chapter when the child:

(1) is placed in foster care; and

(2) is returned to the natural parents, adopted, or placed in another permanent plan.

As added by P.L.145-2006, SEC.274. Amended by P.L.128-2012, SEC.143.
Ind. Code § 31-30-3-3 — Indiana Code / Title 31 / Article 30 / Chapter 3 / Section 31-30-3-3
Act that would be felony relating to controlled substances
Status: in_force

Sec. 3. Upon motion of the prosecuting attorney and after a full investigation and a hearing, the court may waive jurisdiction if it finds that:

(1) the child is charged with an act that, if committed by an adult, would be a felony under IC 35-48-4;

(2) there is probable cause to believe that the child has committed the act;

(3) the child was at least sixteen (16) years of age when the act was allegedly committed; and

(4) it is in the best interests of the safety and the welfare of the community for the child to stand trial as an adult.

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

As added by P.L.1-1997, SEC.13.
Ind. Code § 31-16-15-13 — Indiana Code / Title 31 / Article 16 / Chapter 15 / Section 31-16-15-13
Repealed
Status: repealed

[Pre-1997 Recodification Citation: 31-2-10-15(a).]

As added by P.L.1-1997, SEC.8. Repealed by P.L.103-2007, SEC.51.
Ind. Code § 31-19-25-18 — Indiana Code / Title 31 / Article 19 / Chapter 25 / Section 31-19-25-18
Request to contact adoptee
Status: in_force

Sec. 18. An individual who submits a request for the release of identifying information under section 2 of this chapter may contact:

(1) a local office;

(2) a licensed child placing agency; or

(3) the attorney who arranged the adoption;

to request that the local office, the licensed child placing agency, or the attorney contact an adoptee whose consent is necessary before identifying information may be released under this chapter.

As added by P.L.191-2011, SEC.50. Amended by P.L.128-2012, SEC.80.
Ind. Code § 31-19-3-9 — Indiana Code / Title 31 / Article 19 / Chapter 3 / Section 31-19-3-9
Validity of notice; putative father residing outside Indiana
Status: in_force

Sec. 9. (a) A notice served in accordance with this chapter on a putative father who is a resident of Indiana is valid regardless of whether the notice is served within or outside Indiana.

(b) A notice served in accordance with this chapter outside Indiana on a putative father who is not a resident of Indiana is valid if the child was conceived:

(1) in Indiana; or

(2) outside Indiana, if the laws of the state in which the:

(A) father:

(i) is served notice; or

(ii) resides; or

(B) child was conceived;

allow a paternity or similar action to be filed before the birth of a child.

As added by P.L.146-2007, SEC.4.
Ind. Code § 31-19-18-4 — Indiana Code / Title 31 / Article 19 / Chapter 18 / Section 31-19-18-4
Publication of availability of adoption history information; public service announcements
Status: in_force

Sec. 4. (a) The state registrar shall publicize the availability of the adoption history information, including the availability of the information under this chapter and IC 31-19-19 through IC 31-19-25.5.

(b) The state registrar's publicity efforts must include periodic public service announcements regarding the availability of adoption history information.

[Pre-1997 Recodification Citation: 31-3-4-15.]

As added by P.L.1-1997, SEC.11. Amended by P.L.191-2011, SEC.16.
Ind. Code § 31-9-2.1-33 — Indiana Code / Title 31 / Article 9 / Chapter 2.1 / Section 31-9-2.1-33
"Child abuse or neglect"
Status: in_force

Sec. 33. (a) "Child abuse or neglect", for purposes of IC 31-32-11-1, IC 31-33, IC 31-34-7-4, and IC 31-39-8-4, refers to:

(1) a child described in IC 31-34-1-1 through IC 31-34-1-5 and IC 31-34-1-8 through IC 31-34-1-11, regardless of whether the child needs care, treatment, rehabilitation, or the coercive intervention of a court; or

(2) an individual who:

(A) is at least eighteen (18) years of age but less than twenty-one (21) years of age;

(B) resides, or has previously resided, at a residential facility licensed by the department; and

(C) is harmed or threatened with harm as a result of:

(i) a battery offense included in IC 35-42-2; or

(ii) sexual activity (as defined in IC 35-42-4-13(b));

committed by a member of the staff at the residential facility.

(b) For purposes of subsection (a), the term under subsection (a) does not refer to a child who is alleged to be a victim of a sexual offense under IC 35-42-4-3 unless the alleged offense under IC 35-42-4-3 involves the fondling or touching of the buttocks, genitals, or female breasts, regardless of whether the child needs care, treatment, rehabilitation, or the coercive intervention of a court.

(c) "Child abuse or neglect", for purposes of IC 31-34-2.3 and IC 31-42, refers to acts or omissions by a person against a child as described in IC 31-34-1-1 through IC 31-34-1-11, regardless of whether the child needs care, treatment, rehabilitation, or the coercive intervention of a court.

(d) "Child abuse or neglect" does not include raising or referring to a child in a manner consistent with the child's biological sex.

As added by P.L.145-2026, SEC.161.
Ind. Code § 31-34-15-1 — Indiana Code / Title 31 / Article 34 / Chapter 15 / Section 31-34-15-1
Requirement of case plan
Status: in_force

Sec. 1. In accordance with federal law, a case plan is required for each child in need of services who is under the supervision of the county as a result of:

(1) out-of-home placement; or

(2) issuance of a dispositional decree under IC 31-34-20.

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

As added by P.L.1-1997, SEC.17.
Ind. Code § 31-18.5-2-3 — Indiana Code / Title 31 / Article 18.5 / Chapter 2 / Section 31-18.5-2-3
Initiating and responding tribunal
Status: in_force

Sec. 3. Under this article, an Indiana tribunal may serve as an initiating tribunal to forward proceedings to a tribunal of another state, and as a responding tribunal for proceedings initiated in another state or a foreign country.

As added by P.L.206-2015, SEC.53.
Ind. Code § 31-11-7-4 — Indiana Code / Title 31 / Article 11 / Chapter 7 / Section 31-11-7-4
Husband's immunity for wife's contracts or torts
Status: in_force

Sec. 4. A husband is not liable for the contracts or torts of his wife.

[Pre-1997 Recodification Citation: 31-7-10-4.]

As added by P.L.1-1997, SEC.3.
Ind. Code § 31-12-1-2 — Indiana Code / Title 31 / Article 12 / Chapter 1 / Section 31-12-1-2
Designation of judges; sessions of court
Status: in_force

Sec. 2. In judicial circuits having at least three (3) judges of the superior court, probate court, and circuit court, the judges of the superior, probate, and circuit courts may annually, in January, designate one (1) or more of the judges to hear all cases under this chapter. The designated judges shall hold as many sessions of court each week as are necessary for the prompt disposition of the court's business.

[Pre-1997 Recodification Citation: 31-1-23-2.]

As added by P.L.1-1997, SEC.4. Amended by P.L.84-2016, SEC.132.
Ind. Code § 31-14-17-1 — Indiana Code / Title 31 / Article 14 / Chapter 17 / Section 31-14-17-1
Expenses of mother's pregnancy and childbirth
Status: in_force

Sec. 1. The court shall order the father to pay at least fifty percent (50%) of the reasonable expenses of the mother's pregnancy and childbirth, including the cost of:

(1) prenatal care;

(2) delivery;

(3) hospitalization;

(4) other necessary and reasonable expenses incurred in connection with the child's birth;

(5) postpartum expenses; and

(6) postnatal care.

[Pre-1997 Recodification Citation: 31-6-6.1-17.]

As added by P.L.1-1997, SEC.6. Amended by P.L.138-2001, SEC.10; P.L.119-2023, SEC.1.
Ind. Code § 31-12-2-5 — Indiana Code / Title 31 / Article 12 / Chapter 2 / Section 31-12-2-5
Appointment of referees, counselors, assistants, clerks, and other personnel; compensation; expenses
Status: in_force

Sec. 5. (a) The judges described in section 1(1) of this chapter and the judge described in section 1(2) of this chapter may appoint:

(1) one (1) or more professionally qualified domestic relations referees, counselors, and other necessary personnel, including a full-time director; and

(2) necessary assistants and clerks;

to serve during the pleasure of the appointing judge to staff the domestic relations counseling bureau.

(b) The appointing judge shall fix the compensation and expenses of the personnel appointed under this chapter, which shall be paid out of the county general fund.

[Pre-1997 Recodification Citation: 31-1-24-4.]

As added by P.L.1-1997, SEC.4.
Ind. Code § 31-17-5-0.2 — Indiana Code / Title 31 / Article 17 / Chapter 5 / Section 31-17-5-0.2
Application of certain amendments to prior law
Status: in_force

Sec. 0.2. The amendments made to IC 31-1-11.7-2 (before its repeal, now codified at sections 1, 8, 9, and 10 of this chapter) by P.L.293-1987 apply to the visitation rights of grandparents who have been granted visitation rights before September 1, 1985.

As added by P.L.220-2011, SEC.502.
Ind. Code § 31-30-3-2 — Indiana Code / Title 31 / Article 30 / Chapter 3 / Section 31-30-3-2
Heinous or aggravated act, or act as part of repetitive pattern of delinquent acts
Status: in_force

Sec. 2. Upon motion of the prosecuting attorney and after full investigation and hearing, the juvenile court may waive jurisdiction if it finds that:

(1) the child is charged with an act that is a felony:

(A) that is heinous or aggravated, with greater weight given to acts against the person than to acts against property; or

(B) that is a part of a repetitive pattern of delinquent acts, even though less serious;

(2) the child was at least fourteen (14) years of age when the act charged was allegedly committed;

(3) there is probable cause to believe that the child committed the act;

(4) the child is beyond rehabilitation under the juvenile justice system; and

(5) it is in the best interests of the safety and welfare of the community that the child stand trial as an adult.

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

As added by P.L.1-1997, SEC.13. Amended by P.L.67-2008, SEC.3.
Ind. Code § 31-15-6-10 — Indiana Code / Title 31 / Article 15 / Chapter 6 / Section 31-15-6-10
User fee; order for payment
Status: in_force

Sec. 10. The court may order either or both parents of a child for whom a guardian ad litem or court appointed special advocate is appointed under this chapter (or IC 31-1-11.5-28 before its repeal) to pay a user fee for the services provided under this chapter.

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

As added by P.L.1-1997, SEC.7.
Ind. Code § 31-11-4-5 — Indiana Code / Title 31 / Article 11 / Chapter 4 / Section 31-11-4-5
Distribution of information concerning serious communicable diseases that are sexually transmitted
Status: in_force

Sec. 5. (a) The clerk of the circuit court shall distribute to marriage license applicants written information or videotaped information approved by the HIV advisory council of the Indiana department of health concerning serious communicable diseases that are sexually transmitted.

(b) Written information and videotaped information distributed by each clerk of the circuit court under subsection (a) must provide current information on human immunodeficiency virus (HIV) infection and other serious communicable diseases that are sexually transmitted. The information must include an explanation of the following:

(1) The etiology of serious communicable diseases that are sexually transmitted.

(2) The behaviors that create a high risk of transmission of such diseases.

(3) Precautionary measures that reduce the risk of contracting such diseases.

(4) The necessity for consulting medical specialists if infection is suspected.

(c) At the time of application for a marriage license, each clerk of the circuit court shall:

(1) provide the marriage license applicants with written information furnished under subsection (a) concerning dangerous communicable diseases that are sexually transmitted; or

(2) show the marriage license applicants videotaped information furnished under subsection (a) concerning dangerous communicable diseases that are sexually transmitted.

(d) In addition to the information provided to marriage license applicants under subsection (c), each clerk of the circuit court shall inform each marriage license applicant that the applicant may be tested on a voluntary basis for human immunodeficiency virus (HIV) infection by the applicant's private physician or at another testing site. The clerk shall provide the marriage applicants with a list of testing sites in the community.

(e) An applicant who objects to the written information or videotaped information on religious grounds is not required to receive the information.

(f) If materials required by this section are not prepared by other sources, the Indiana department of health shall prepare the materials.

(g) The provider of the materials is responsible for all costs involved in the development, preparation, and distribution of the information required by this section. Except for the materials developed by the state, the state and county are not liable for the costs of materials used to implement this section and section 4 of this chapter.

[Pre-1997 Recodification Citation: 31-7-3-3.5.]

As added by P.L.1-1997, SEC.3. Amended by P.L.112-2020, SEC.58; P.L.56-2023, SEC.253.
Ind. Code § 31-19-5-2 — Indiana Code / Title 31 / Article 19 / Chapter 5 / Section 31-19-5-2
Establishment of registry; rules
Status: in_force

Sec. 2. The putative father registry is established within the Indiana department of health. The state department shall adopt rules under IC 4-22-2 to administer the registry.

[Pre-1997 Recodification Citation: 31-3-1.5-6.]

As added by P.L.1-1997, SEC.11. Amended by P.L.56-2023, SEC.265.
Ind. Code § 31-15-2-11 — Indiana Code / Title 31 / Article 15 / Chapter 2 / Section 31-15-2-11
Final hearing; action for legal separation pending when action for dissolution of marriage filed
Status: in_force

Sec. 11. If a petition has been filed in an action for legal separation under IC 31-15-3-2 (or IC 31-1-11.5-3(c) before its repeal), a final hearing on a petition or counter petition subsequently filed in an action for dissolution of marriage under section 2 of this chapter (or IC 31-1-11.5-3(a) before its repeal) may be held at any time after sixty (60) days after the petition in an action for legal separation under IC 31-15-3-2 has been filed.

[Pre-1997 Recodification Citation: 31-1-11.5-8(a) part.]

As added by P.L.1-1997, SEC.7.
Ind. Code § 31-40-5-3 — Indiana Code / Title 31 / Article 40 / Chapter 5 / Section 31-40-5-3
Purpose of grant program; funding formula
Status: in_force

Sec. 3. (a) The purpose of the juvenile diversion grant program is as follows:

(1) Prevent further involvement of the child in the formal legal system.

(2) Provide eligible children with alternatives to adjudication that require the least amount of supervision and conditions necessary consistent with the protection of the community and the child's risk of reoffending, as determined by a risk screening tool.

(3) Emphasize the use of restorative justice practices.

(4) Reduce recidivism and improve positive outcomes for a child through the provision of research based services, if warranted, that address the child's needs.

(b) The purpose of the juvenile community alternatives grant program is as follows:

(1) Provide cost effective, research based alternatives in lieu of the use of secure detention, out-of-home placement, and department of correction facilities in the community.

(2) Reduce the use of secure confinement and out-of-home placement.

(3) Reduce recidivism and improve positive outcomes for children.

(c) The Indiana criminal justice institute shall adopt a funding formula based on county population and performance measures that apply to grantees under the program taking into consideration the recommendations of the oversight committee.

As added by P.L.101-2022, SEC.31. Amended by P.L.201-2023, SEC.241; P.L.122-2025, SEC.3.
Ind. Code § 31-14-16-7 — Indiana Code / Title 31 / Article 14 / Chapter 16 / Section 31-14-16-7
Repealed
Status: repealed

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

As added by P.L.1-1997, SEC.6. Repealed by P.L.133-2002, SEC.69.
Ind. Code § 31-9-2.1-228 — Indiana Code / Title 31 / Article 9 / Chapter 2.1 / Section 31-9-2.1-228
"Sibling"
Status: in_force

Sec. 228. (a) "Sibling", for purposes of IC 31-19, IC 31-28-5, and IC 31-34 (except for IC 31-34-3-4.5), means a brother or sister by blood, half-blood, or adoption.

(b) "Sibling", for purposes of IC 31-34-3-4.5, means:

(1) a brother or sister by blood, half-blood, or adoption; and

(2) any other individual who would be considered a sibling if parental rights had not been terminated.

As added by P.L.145-2026, SEC.161.
Ind. Code § 31-9-2.1-52 — Indiana Code / Title 31 / Article 9 / Chapter 2.1 / Section 31-9-2.1-52
"Child welfare services"
Status: in_force

Sec. 52. "Child welfare services", for purposes of this title, means services provided under a child welfare program.

As added by P.L.145-2026, SEC.161.
Ind. Code § 31-37-19-1 — Indiana Code / Title 31 / Article 37 / Chapter 19 / Section 31-37-19-1
Entry of dispositional decrees; placement in foster family home or another facility; findings and conclusions; costs
Status: in_force

Sec. 1. (a) Subject to section 6.5 of this chapter, if a child is a delinquent child under IC 31-37-2, the juvenile court may enter one (1) or more of the following dispositional decrees:

(1) Order supervision of the child by the probation department.

(2) Order the child to receive outpatient treatment:

(A) at a social service agency or a psychological, a psychiatric, a medical, or an educational facility; or

(B) from an individual practitioner.

(3) Remove the child from the child's home and place the child in another home or a shelter care facility, child caring institution, group home, or secure private facility. Placement under this subdivision includes authorization to control and discipline the child.

(4) Award wardship to a:

(A) person, other than the department; or

(B) shelter care facility.

(5) Partially or completely emancipate the child under section 27 of this chapter.

(6) Order:

(A) the child; or

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

to receive family services.

(7) Order a person who is a party to refrain from direct or indirect contact with the child.

(b) If the child is removed from the child's home and placed in a foster family home or another facility, the juvenile court shall:

(1) approve a permanency plan for the child;

(2) find whether or not reasonable efforts were made to prevent or eliminate the need for the removal;

(3) designate responsibility for the placement and care of the child with the probation department; and

(4) find whether it:

(A) serves the best interests of the child to be removed; and

(B) would be contrary to the health and welfare of the child for the child to remain in the home.

(c) If a dispositional decree under this section:

(1) orders or approves removal of a child from the child's home or awards wardship of the child to a:

(A) person other than the department; or

(B) shelter care facility; and

(2) is the first court order in the delinquent child proceeding that authorizes or approves removal of the child from the child's parent, guardian, or custodian;

the court shall include in the decree the appropriate findings and conclusions described in IC 31-37-6-6(g) and IC 31-37-6-6(h).

(d) If the juvenile court orders supervision of the child by the probation department under subsection (a)(1), the child or the child's parent, guardian, or custodian is responsible for any costs resulting from the participation in a rehabilitative service or educational class provided by the probation department. Any costs collected for services provided by the probation department shall be deposited in the county supplemental juvenile probation services fund.

[Pre-1997 Recodification Citation: 31-6-4-15.4(a) part.]

As added by P.L.1-1997, SEC.20. Amended by P.L.70-2004, SEC.25; P.L.145-2006, SEC.345; P.L.146-2006, SEC.57; P.L.146-2008, SEC.647; P.L.147-2012, SEC.5; P.L.104-2015, SEC.43; P.L.85-2017, SEC.105; P.L.101-2022, SEC.26.
Ind. Code § 31-19-17-5 — Indiana Code / Title 31 / Article 19 / Chapter 17 / Section 31-19-17-5
Information of social, medical, psychological, and educational records concerning child for adoption granted before July 1, 1993; excluding information identifying birth parent
Status: in_force

Sec. 5. (a) This section applies to an adoption that is granted before July 1, 1993.

(b) Upon the request of an adoptee who:

(1) is at least twenty-one (21) years of age; and

(2) provides proof of identification;

a person, a licensed child placing agency, or a local office shall provide to the adoptee available information of social, medical, psychological, and educational records and reports concerning the adoptee. The person, licensed child placing agency, or local office shall exclude from the records information that would identify the birth parents unless an adoptee already knows the identity of the birth parents.

As added by P.L.100-2005, SEC.5. Amended by P.L.1-2006, SEC.499; P.L.58-2009, SEC.27; P.L.131-2009, SEC.25; P.L.1-2010, SEC.125; P.L.128-2012, SEC.62.
Ind. Code § 31-11-3-1 — Indiana Code / Title 31 / Article 11 / Chapter 3 / Section 31-11-3-1
Applicability of chapter
Status: in_force

Sec. 1. This chapter applies to a premarital agreement executed on or after July 1, 1995.

[Pre-1997 Recodification Citation: 31-7-2.5-1.]

As added by P.L.1-1997, SEC.3.
Ind. Code § 31-15-3-8 — Indiana Code / Title 31 / Article 15 / Chapter 3 / Section 31-15-3-8
Responsive pleading or counter petition
Status: in_force

Sec. 8. A responsive pleading or a counter petition may be filed under this chapter.

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

As added by P.L.1-1997, SEC.7.
Ind. Code § 31-40-5-4 — Indiana Code / Title 31 / Article 40 / Chapter 5 / Section 31-40-5-4
Use of available funds; annual report
Status: in_force

Sec. 4. (a) The Indiana criminal justice institute (as described in IC 5-2-6) may use available funds to strengthen the agency's grant management capacity to:

(1) serve as an efficient pass through to grantees;

(2) provide quality assurance and technical assistance to grantees; and

(3) support and coordinate data collection.

(b) The Indiana criminal justice institute shall prepare an annual report that details the performance measures collected and reported under IC 2-5-36-9.3(b)(4), including an analysis of the performance measures by race, ethnicity, gender, and other demographic factors. The report shall be provided to the governor, the chief justice, the legislative council, and the oversight committee before December 1 of each year. The report provided to the legislative council must be in an electronic format under IC 5-14-6.

As added by P.L.101-2022, SEC.31. Amended by P.L.201-2023, SEC.242; P.L.122-2025, SEC.4.
Ind. Code § 31-37-19-4 — Indiana Code / Title 31 / Article 37 / Chapter 19 / Section 31-37-19-4
Invalidation of driver's license or permit of delinquent child violating compulsory school attendance law
Status: in_force

Sec. 4. (a) This section applies if a child:

(1) is a delinquent child under IC 31-37-2 due to the commission of a delinquent act under IC 31-37-2-3 (or IC 31-6-4-1(a)(3) before its repeal); and

(2) has been previously determined to be a delinquent child under IC 31-37-2 (or IC 31-6-4-1(b)(2) before its repeal) due to the commission of a delinquent act under IC 31-37-2-3 (or IC 31-6-4-1(a)(3) before its repeal).

(b) The juvenile court shall, in addition to any other order or decree the juvenile court makes under this chapter, order the bureau of motor vehicles to invalidate the child's driver's license or permit for a period specified by the court that is not less than ninety (90) days but not more than one (1) year.

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

As added by P.L.1-1997, SEC.20.
Ind. Code § 31-17-2-19 — Indiana Code / Title 31 / Article 17 / Chapter 2 / Section 31-17-2-19
Travel and other expenses of witnesses
Status: in_force

Sec. 19. The court may tax as costs the payment of necessary travel and other expenses incurred by any person whose presence at the hearing the court considers necessary to determine the best interests of the child.

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

As added by P.L.1-1997, SEC.9.
Ind. Code § 31-19-26.5-9 — Indiana Code / Title 31 / Article 19 / Chapter 26.5 / Section 31-19-26.5-9
Limits on term of adoption subsidy agreement
Status: in_force

Sec. 9. (a) Except as provided in this section, the term of any adoption subsidy agreement under this chapter, including any extension of the original term, ends when any of the following events occurs:

(1) The child becomes eighteen (18) years of age.

(2) The child becomes emancipated.

(3) The adoptive parent or parents are no longer providing financial support to the child.

(4) The child dies.

(5) The child's adoption is terminated.

(b) The department may continue the adoption subsidy payments, in amounts determined by agreement among the department, the child, and the adoptive parents, during a time after the child becomes eighteen (18) years of age and before the child becomes twenty-one (21) years of age if:

(1) either:

(A) the child is enrolled in:

(i) a secondary school;

(ii) a public or private institution of higher education; or

(iii) a course of career or technical education leading to gainful employment; or

(B) the child needs continuing support and assistance for a physical, a medical, a mental, or an emotional condition that limits or prevents the child from becoming self-supporting; and

(2) the adoptive parent or parents:

(A) provide the principal source of financial support for the child's room, board, medical care, and other necessary living expenses; and

(B) are entitled to claim the child as a dependent on their federal or state income tax return or returns for the year in which the continued subsidy payments are made.

As added by P.L.146-2008, SEC.562.
Ind. Code § 31-19-7-1 — Indiana Code / Title 31 / Article 19 / Chapter 7 / Section 31-19-7-1
Prior written approval of placements; criminal history checks
Status: in_force

Sec. 1. (a) A child may not be placed in a proposed adoptive home without the prior written approval of a licensed child placing agency or the local office approved for that purpose by the department.

(b) Except as provided in subsection (d), before giving prior written approval for placement in a proposed adoptive home of a child, a licensed child placing agency or the department of child services shall conduct a criminal history check (as defined in IC 31-9-2.1-58) concerning the proposed adoptive parent and any other person who is currently residing in the proposed adoptive home.

(c) The prospective adoptive parent shall pay the fees and other costs of the criminal history check required under this section.

(d) A licensed child placing agency or the department of child services is not required to conduct a criminal history check (as defined in IC 31-9-2.1-58) if a prospective adoptive parent provides the licensed child placing agency or the local office with the results of a criminal history check conducted:

(1) in accordance with IC 31-9-2.1-58; and

(2) not more than one (1) year before the date on which the licensed child placing agency or the local office provides written approval for the placement.

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

As added by P.L.1-1997, SEC.11. Amended by P.L.234-2005, SEC.93; P.L.145-2006, SEC.247; P.L.138-2007, SEC.37; P.L.128-2012, SEC.48; P.L.145-2026, SEC.169.
Ind. Code § 31-11-1-3 — Indiana Code / Title 31 / Article 11 / Chapter 1 / Section 31-11-1-3
Bigamous marriages prohibited
Status: in_force

Sec. 3. Two (2) individuals may not marry each other if either individual has a husband or wife who is alive.

[Pre-1997 Recodification Citation: 31-7-1-4.]

As added by P.L.1-1997, SEC.3.
Ind. Code § 31-17-2-21 — Indiana Code / Title 31 / Article 17 / Chapter 2 / Section 31-17-2-21
Modification of child custody order
Status: in_force

Sec. 21. (a) The court may not modify a child custody order unless:

(1) the modification is in the best interests of the child; and

(2) there is a substantial change in one (1) or more of the factors that the court may consider under section 8 and, if applicable, section 8.5 of this chapter.

(b) In making its determination, the court shall consider the factors listed under section 8 of this chapter.

(c) The court shall not hear evidence on a matter occurring before the last custody proceeding between the parties unless the matter relates to a change in the factors relating to the best interests of the child as described by section 8 and, if applicable, section 8.5 of this chapter.

[Pre-1997 Recodification Citation: 31-1-11.5-22(d), (e), (f).]

As added by P.L.1-1997, SEC.9. Amended by P.L.96-1999, SEC.9.
Ind. Code § 31-11-8-5 — Indiana Code / Title 31 / Article 11 / Chapter 8 / Section 31-11-8-5
Common law marriages entered into after January 1, 1958
Status: in_force

Sec. 5. A marriage is void if the marriage is a common law marriage that was entered into after January 1, 1958.

[Pre-1997 Recodification Citation: 31-7-6-5.]

As added by P.L.1-1997, SEC.3.
Ind. Code § 31-19-24-15 — Indiana Code / Title 31 / Article 19 / Chapter 24 / Section 31-19-24-15
Breach of confidentiality
Status: in_force

Sec. 15. A person who knowingly or intentionally releases information in violation of sections 2 through 11 of this chapter commits a Class A misdemeanor.

As added by P.L.196-1997, SEC.23.
Ind. Code § 31-40-1-3.8 — Indiana Code / Title 31 / Article 40 / Chapter 1 / Section 31-40-1-3.8
Parental reimbursement for services provided by a county
Status: in_force

Sec. 3.8. (a) If a county is responsible for the payment of:

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

(2) the costs or expenses of services for or the placement of a delinquent child under section 2 of this chapter;

the juvenile court ordering the services that the county is responsible for may hold a hearing. The juvenile court shall use the Child Support Rules and Guidelines of the Indiana supreme court and the child support obligation worksheet developed by the Indiana supreme court to determine what each parent should pay for the services provided for the child under this section. If the parent participates with the treatment plans developed by the department or court, the parent or parents are entitled to receive a parenting time credit under the Child Support Rules and Guidelines.

(b) Each person described in subsection (a) shall, before a hearing under subsection (c) concerning payment or reimbursement of costs, furnish the court with an accurately completed and current child support obligation worksheet on the same form that is prescribed by the Indiana supreme court for child support orders.

(c) At:

(1) a detention hearing;

(2) a hearing that is held after the payment of costs by the county;

(3) the dispositional hearing; or

(4) any other hearing to consider modification of a dispositional decree;

the juvenile court shall order the child's parents to pay for, or reimburse the county for, the cost of services provided to the child or the parent unless the court makes a specific finding that the parent is unable to pay or that justice would not be served by ordering payment from the parent.

(d) Any parental reimbursement obligation under this section shall be paid directly to the clerk of the court so long as the child in need of services case, juvenile delinquency case, or juvenile status offense case is open. The clerk of the court shall keep track of all payments made by each parent and shall provide a receipt for each payment received. At the end of the child in need of services, juvenile delinquency, or juvenile status action, the clerk of the court shall provide an accounting of payments received, and the court may consider additional evidence of payment activity and determine the amount of parental reimbursement obligation that remains unpaid. The court shall reduce the unpaid balance to a final judgment that may be enforced in any court having jurisdiction over such matters.

(e) After a judgment for unpaid parental reimbursement obligation is rendered, payments made toward satisfaction of the judgment shall be made to the clerk of the court in the county where the enforcement action is filed.

(f) The county may collect any money that is owed under this section as provided by IC 36-1-4-17.

(g) Upon release from services ordered under this section, the parental reimbursement obligation payment ends. If there was a child support order for the child adjudicated delinquent, it reverts to the most recent child support order in effect before the child's adjudication. If the child is placed with a person other than a custodial parent, the juvenile court shall establish a new support order for the benefit of the child.

As added by P.L.204-2011, SEC.5.
Ind. Code § 31-9-2.1-164 — Indiana Code / Title 31 / Article 9 / Chapter 2.1 / Section 31-9-2.1-164
"Noncustodial parent"
Status: in_force

Sec. 164. "Noncustodial parent", for purposes of IC 31-14-15, IC 31-16-6-1.5, and IC 31-17-4, means the parent who is not the custodial parent.

As added by P.L.145-2026, SEC.161.
Ind. Code § 31-19-25.5-4 — Indiana Code / Title 31 / Article 19 / Chapter 25.5 / Section 31-19-25.5-4
Repealed
Status: repealed

As added by P.L.191-2011, SEC.55. Amended by P.L.190-2017, SEC.10. Repealed by P.L.3-2016, SEC.26.
Ind. Code § 31-37-20-4 — Indiana Code / Title 31 / Article 37 / Chapter 20 / Section 31-37-20-4
Progress report required for case review or continued jurisdiction
Status: in_force

Sec. 4. Before a hearing under section 2 or 3 of this chapter, the probation department shall prepare a report in accordance with IC 31-37-21 on the progress made in implementing the dispositional decree. A report under this section shall also include recommendations from the permanency roundtable under section 3 of this chapter.

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

As added by P.L.1-1997, SEC.20. Amended by P.L.145-2006, SEC.350; P.L.146-2008, SEC.657; P.L.48-2012, SEC.74.
Ind. Code § 31-33-27-2 — Indiana Code / Title 31 / Article 33 / Chapter 27 / Section 31-33-27-2
"Information"
Status: in_force

Sec. 2. As used in this chapter, "information" includes all files and records created or maintained by the department. The term includes the original and copies of documents, correspondence, messages, photographs, videotapes, audio recordings, audiovisual recordings, and any other material contained in electronic, paper, or digital form or in other media.

As added by P.L.48-2012, SEC.56.
Ind. Code § 31-19-5-10 — Indiana Code / Title 31 / Article 19 / Chapter 5 / Section 31-19-5-10
Registration form
Status: in_force

Sec. 10. A putative father shall register under this chapter on a registration form prescribed by the state department. The registration form must be signed by the putative father and notarized.

[Pre-1997 Recodification Citation: 31-3-1.5-11(b).]

As added by P.L.1-1997, SEC.11. Amended by P.L.56-2023, SEC.269.
Ind. Code § 31-16-17-9 — Indiana Code / Title 31 / Article 16 / Chapter 17 / Section 31-16-17-9
Jury verdict
Status: in_force

Sec. 9. If the trial is by jury, the verdict of the jury must state only that the jury finds in favor of each party that should recover.

[Pre-1997 Recodification Citation: 31-2-9-5 part.]

As added by P.L.1-1997, SEC.8.
Ind. Code § 31-9-2.1-21 — Indiana Code / Title 31 / Article 9 / Chapter 2.1 / Section 31-9-2.1-21
"Assessment"
Status: in_force

Sec. 21. "Assessment", for purposes of IC 31-25 and IC 31-33, means an initial and ongoing investigation or evaluation that includes:

(1) a review and determination of the safety issues that affect a child and:

(A) a child's parents, guardians, or custodians; or

(B) another individual residing in the residence where the child resides or is likely to reside;

(2) an identification of the underlying causes of the safety issues described in subdivision (1);

(3) a determination whether child abuse, neglect, or maltreatment occurred; and

(4) a determination of the needs of a child's family in order for the child to:

(A) remain in the home safely;

(B) be returned to the home safely; or

(C) be placed in an alternative living arrangement.

As added by P.L.145-2026, SEC.161.
Ind. Code § 31-9-2.1-82 — Indiana Code / Title 31 / Article 9 / Chapter 2.1 / Section 31-9-2.1-82
"Director"
Status: in_force

Sec. 82. "Director", for purposes of IC 31-25-1, IC 31-25-2, IC 31-33, IC 31-34, and IC 31-37, refers to the director of the department of child services.

As added by P.L.145-2026, SEC.161.
Ind. Code § 31-25-4-19 — Indiana Code / Title 31 / Article 25 / Chapter 4 / Section 31-25-4-19
Services for other than TANF recipients or applicants; application; fees
Status: in_force

Sec. 19. All services provided under section 17 of this chapter and IC 31-25-3-2 must be available to individuals (other than recipients or applicants for the federal Temporary Assistance for Needy Families (TANF) program (45 CFR 265)) upon application for the services, as required by 42 U.S.C. 654(6). An application fee as set by the Title IV-D agency must be paid in accordance with the department's rules adopted under IC 4-22-2. Fees other than the application fee must be imposed in accord with federal law governing this program.

As added by P.L.145-2006, SEC.271. Amended by P.L.128-2012, SEC.90.
Ind. Code § 31-27-4-32 — Indiana Code / Title 31 / Article 27 / Chapter 4 / Section 31-27-4-32
Grounds for revocation of license; waiver
Status: in_force

Sec. 32. (a) The following constitute sufficient grounds for revocation of a license:

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

(A) the licensee;

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

(C) a person who is residing in the home of the licensee.

(2) A criminal conviction of the licensee for any of the following:

(A) A felony.

(B) A misdemeanor related to the health or 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.

(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 licensee made false statements in the licensee's application for licensure.

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

(5) A determination by the department that:

(A) the licensee;

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

(C) a person residing in the licensee'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 licensee for a nonwaivable offense, as defined in IC 31-9-2.1-168 that, if committed by an adult, would be a felony.

(b) A license may also be revoked if an individual who resides in the residence of the licensee or an employee or volunteer of the licensee who has direct contact on a regular and continuous basis with children who are under the direct supervision of the licensee 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 licensee 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 licensee'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 licensee is granted a waiver by the department to:

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

(B) permit the individual to reside in the licensee'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.

(d) Notwithstanding subsection (b), if:

(1) a license could be revoked due to a criminal conviction of, or a determination of child abuse or neglect by, an employee or a volunteer of the licensee or an individual residing in the residence of the licensee; and

(2) the department determines that the employee or volunteer has been dismissed by the licensee within a reasonable time after the licensee became aware of the conviction or that the individual no longer resides in the licensee's residence;

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 revocation of a license.

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

As added by P.L.145-2006, SEC.273. Amended by P.L.138-2007, SEC.55; P.L.162-2011, SEC.32; P.L.183-2017, SEC.20; P.L.145-2026, SEC.181.
Ind. Code § 31-33-26-10 — Indiana Code / Title 31 / Article 33 / Chapter 26 / Section 31-33-26-10
Administration of index
Status: in_force

Sec. 10. The department shall administer the index in a manner that enables the department to do the following:

(1) Immediately identify and locate prior reports of child abuse or neglect through the use of the department's:

(A) computerized tracking system; and

(B) automated risk assessment system.

(2) Track steps in the investigative process to ensure compliance with all requirements for a report of child abuse or neglect.

(3) Maintain and produce aggregate statistical reports monitoring patterns of child abuse and neglect that the department shall make available to the public upon request.

(4) Serve as a resource for the evaluation, management, and planning of preventive and remedial services to children who have been subject to child abuse or neglect.

As added by P.L.138-2007, SEC.67.
Ind. Code § 31-30-1-10 — Indiana Code / Title 31 / Article 30 / Chapter 1 / Section 31-30-1-10
Paternity proceedings to enforce support
Status: in_force

Sec. 10. A circuit court and superior court have concurrent original jurisdiction with the juvenile court, including the probate court described in IC 33-31-1-9(b), for the purpose of establishing the paternity of a child in a proceeding under:

(1) IC 31-18.5;

(2) IC 31-1.5 (before its repeal); or

(3) IC 31-2-1 (before its repeal);

to enforce a duty of support.

[Pre-1997 Recodification Citation: 31-6-2-1.5(c).]

As added by P.L.1-1997, SEC.13. Amended by P.L.98-2004, SEC.106; P.L.206-2015, SEC.59; P.L.84-2016, SEC.133.
Ind. Code § 31-14-21-1 — Indiana Code / Title 31 / Article 14 / Chapter 21 / Section 31-14-21-1
Applicability of IC 31-14-21-1 through IC 31-14-21-7
Status: in_force

Sec. 1. Sections 1 through 7 of this chapter apply if a man who files or is a party to a paternity action under this article (or IC 31-6-6.1 before its repeal) is served with notice, or informed in any other manner, of a pending or potential adoption of a child who is the subject of the paternity action.

[Pre-1997 Recodification Citation: 31-6-6.1-2.1(a).]

As added by P.L.1-1997, SEC.6. Amended by P.L.203-2021, SEC.1.
Ind. Code § 31-31-5-1 — Indiana Code / Title 31 / Article 31 / Chapter 5 / Section 31-31-5-1
Appointment of probation officers and other employees
Status: in_force

Sec. 1. The judge of the juvenile court shall appoint a chief probation officer and may appoint other probation officers and an appropriate number of other employees to assist the probation department.

[Pre-1997 Recodification Citation: 31-6-9-4(a) part.]

As added by P.L.1-1997, SEC.14.
Ind. Code § 31-19-2-5 — Indiana Code / Title 31 / Article 19 / Chapter 2 / Section 31-19-2-5
Filing of petition; number of copies; verification
Status: in_force

Sec. 5. (a) Except as provided in subsection (b), a petition for adoption must be filed in triplicate.

(b) If a petition for adoption is sponsored by a licensed child placing agency, the petition for adoption must be filed in quadruplicate.

(c) The original copy of a petition for adoption must be verified by the oath or affirmation of each petitioner for adoption.

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

As added by P.L.1-1997, SEC.11. Amended by P.L.197-1997, SEC.13; P.L.1-2010, SEC.120.
Ind. Code § 31-27-3-11 — Indiana Code / Title 31 / Article 27 / Chapter 3 / Section 31-27-3-11
Denial of license
Status: in_force

Sec. 11. (a) The department shall deny a license when an applicant fails to meet the requirements for a license.

(b) The department shall send written notice by certified mail that the application has been denied and give the reasons for the denial.

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

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

As added by P.L.145-2006, SEC.273. Amended by P.L.128-2012, SEC.98.
Ind. Code § 31-15-5-1 — Indiana Code / Title 31 / Article 15 / Chapter 5 / Section 31-15-5-1
Protective order; procedure
Status: in_force

Sec. 1. Either party may request a protective order to prevent domestic or family violence at any time during the dissolution of marriage or legal separation action by filing a petition under IC 34-26-5 in the court in which the case is pending. The court may not require the moving party to give security. If the petitioner requests an ex parte protective order, the court shall immediately:

(1) review the request; and

(2) if required, set a hearing;

under IC 34-26-5. The procedure and law for a proceeding under this section are controlled by IC 34-26-5.

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

As added by P.L.1-1997, SEC.7. Amended by P.L.197-1997, SEC.6; P.L.133-2002, SEC.31; P.L.221-2003, SEC.6.
Ind. Code § 31-17-2-13 — Indiana Code / Title 31 / Article 17 / Chapter 2 / Section 31-17-2-13
Joint legal custody; finding required for award
Status: in_force

Sec. 13. The court may award legal custody of a child jointly if the court finds that an award of joint legal custody would be in the best interest of the child.

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

As added by P.L.1-1997, SEC.9.
Ind. Code § 31-42-1-7 — Indiana Code / Title 31 / Article 42 / Chapter 1 / Section 31-42-1-7
Access to medical treatment, service, or procedure
Status: in_force

Sec. 7. If a child does not have an affirmative right of access to a specific medical treatment, service, or procedure, then this chapter may not be construed to grant the parent a right to access that medical treatment, service, or procedure on behalf of the parent's child.

As added by P.L.101-2025, SEC.7.
Ind. Code § 31-19-10-0.5 — Indiana Code / Title 31 / Article 19 / Chapter 10 / Section 31-19-10-0.5
Standard of proof
Status: in_force

Sec. 0.5. The party bearing the burden of proof in a proceeding under this chapter must prove the party's case by clear and convincing evidence.

As added by P.L.130-2005, SEC.6.
Ind. Code § 31-28-5-5 — Indiana Code / Title 31 / Article 28 / Chapter 5 / Section 31-28-5-5
Appointment of guardian ad litem or court appointed special advocate
Status: in_force

Sec. 5. (a) The juvenile court may appoint a guardian ad litem or court appointed special advocate if a child receiving foster care requests sibling visitation.

(b) The provisions of IC 31-17-6 apply to a guardian ad litem or court appointed special advocate appointed under this section.

As added by P.L.133-2008, SEC.10.
Ind. Code § 31-27-8-4 — Indiana Code / Title 31 / Article 27 / Chapter 8 / Section 31-27-8-4
Volunteer records
Status: in_force

Sec. 4. A licensee shall maintain the following information for each volunteer:

(1) Name, address, and telephone number.

(2) Name, address, and telephone number of the person to be notified in the event of an emergency.

(3) Documentation of reference with an evaluation of the following:

(A) Ability, character, and suitability for working with children.

(B) Orientation and training, as required by 465 IAC 2-9-54 (in effect on January 1, 2023).

(4) Documentation of initial physical examination and annual tuberculosis testing, if working in food service or having direct contact with children.

As added by P.L.109-2024, SEC.11.
Ind. Code § 31-17-2-24 — Indiana Code / Title 31 / Article 17 / Chapter 2 / Section 31-17-2-24
Notice of passport application for child
Status: in_force

Sec. 24. (a) If either party to the custody order applies for a passport for the child, the party who applies for the child's passport shall do the following not less than ten (10) days before applying for the child's passport:

(1) File a notice of the passport application with the clerk of the court that issued the custody order.

(2) Send a copy of the notice to the other party.

(b) The parties may jointly agree in writing to waive the requirements of subsection (a).

[Pre-1997 Recodification Citation: 31-1-11.5-20(c), (d).]

As added by P.L.1-1997, SEC.9.
Ind. Code § 31-19-4-13 — Indiana Code / Title 31 / Article 19 / Chapter 4 / Section 31-19-4-13
Applicability of Rules of Trial Procedure
Status: in_force

Sec. 13. The Indiana Rules of Trial Procedure do not apply to the provision of notice under this chapter.

As added by P.L.200-1999, SEC.18. Amended by P.L.203-2021, SEC.12.
Ind. Code § 31-37-19-13 — Indiana Code / Title 31 / Article 37 / Chapter 19 / Section 31-37-19-13
Delinquent acts involving controlled or counterfeit substances or prescription drugs; invalidation of driver's license or permit
Status: in_force

Sec. 13. (a) This section applies if a child is a delinquent child under IC 31-37-1 due to the commission of a delinquent act that, if committed by an adult, would be:

(1) dealing in:

(A) a controlled substance (as defined in IC 35-48-1.1-7); or

(B) a counterfeit substance (as defined in IC 35-48-1.1-9);

(2) possessing:

(A) a controlled substance (as defined in IC 35-48-1.1-7); or

(B) a prescription drug (as defined in IC 35-48-1.1-35);

for which the child does not have a prescription; or

(3) conspiring to commit an act described in subdivision (1) or (2).

(b) The juvenile court shall, in addition to any other order or decree the court makes under this chapter, order the bureau of motor vehicles to invalidate the child's driver's license or permit for a period specified by the court of at least six (6) months but not more than one (1) year from the time the child would otherwise be eligible for a learner's permit.

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

As added by P.L.1-1997, SEC.20. Amended by P.L.111-2021, SEC.98; P.L.186-2025, SEC.164.
Ind. Code § 31-34-19-4 — Indiana Code / Title 31 / Article 34 / Chapter 19 / Section 31-34-19-4
Discharge of child; continuance of proceeding; no release of local office or the department of child services from obligations to child
Status: in_force

Sec. 4. If:

(1) a child is referred to a probate court;

(2) the juvenile court initiates a commitment proceeding; or

(3) the court transfers a commitment proceeding under IC 12-26-1-4;

the juvenile court shall discharge the child or continue the court's proceedings under the juvenile law. However, if the child is under the custody or supervision of a local office or the department, the juvenile court may not release the local office from the obligations of the local office or the department to the child pending the outcome of the proceeding under IC 12-26.

[Pre-1997 Recodification Citation: 31-6-4-15.3(c) part.]

As added by P.L.1-1997, SEC.17. Amended by P.L.145-2006, SEC.309; P.L.128-2012, SEC.163.
Ind. Code § 31-30-4-2 — Indiana Code / Title 31 / Article 30 / Chapter 4 / Section 31-30-4-2
Offenders less than 18 years of age; sentencing options
Status: in_force

Sec. 2. (a) Subject to subsection (c), if:

(1) an offender is:

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

(B) waived to a court with criminal jurisdiction under IC 31-30-3 because the offender committed an act that would be a felony if committed by an adult; and

(C) convicted of committing the felony or enters a plea of guilty to committing the felony; or

(2) an offender is:

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

(B) charged with a felony over which a juvenile court does not have jurisdiction under IC 31-30-1-4; and

(C) convicted of committing the felony by a court with criminal jurisdiction or enters a plea of guilty to committing the felony with the court;

the court may, upon its own motion, a motion of the prosecuting attorney, or a motion of the offender's legal representative, impose a sentence upon the conviction of the offender under this chapter.

(b) If a court elects to impose a sentence upon conviction of an offender under subsection (a) and, before the offender is sentenced, the department of correction determines that there is space available for the offender in a juvenile facility of the division of youth services of the department, the sentencing court may:

(1) impose an appropriate criminal sentence on the offender under IC 35-50-2;

(2) suspend the criminal sentence imposed, notwithstanding IC 35-50-2-2 (before its repeal), IC 35-50-2-2.1 (before its repeal), and IC 35-50-2-2.2;

(3) order the offender to be placed into the custody of the department of correction to be placed in the juvenile facility of the division of youth services; and

(4) provide that the successful completion of the placement of the offender in the juvenile facility is a condition of the suspended criminal sentence.

(c) The court may not impose a sentence on an offender under subsection (a) until:

(1) the prosecuting attorney has notified the victim of the felony of the possible imposition of a sentence on the offender under this chapter; and

(2) either:

(A) the probation department of the court has conducted a presentence investigation concerning the offender and reported its findings to the court; or

(B) the department of correction has conducted a diagnostic evaluation of the offender and reported its findings to the court.

As added by P.L.104-2013, SEC.1. Amended by P.L.168-2014, SEC.41; P.L.72-2023, SEC.2.
Ind. Code § 31-9-2.1-154 — Indiana Code / Title 31 / Article 9 / Chapter 2.1 / Section 31-9-2.1-154
"Lifetime sex or violent offender"
Status: in_force

Sec. 154. "Lifetime sex or violent offender" has the meaning set forth in IC 34-28-2-1.5.

As added by P.L.145-2026, SEC.161.
Ind. Code § 31-34-1-1 — Indiana Code / Title 31 / Article 34 / Chapter 1 / Section 31-34-1-1
Inability, refusal, or neglect of parent, guardian, or custodian to supply child with necessary food, clothing, shelter, medical care, education, or supervision
Status: in_force

Sec. 1. A child is a child in need of services if before the child becomes eighteen (18) years of age:

(1) the child's physical or mental condition is seriously impaired or seriously endangered as a result of the inability, refusal, or neglect of the child's parent, guardian, or custodian to supply the child with necessary food, clothing, shelter, medical care, education, or supervision:

(A) when the parent, guardian, or custodian is financially able to do so; or

(B) due to the failure, refusal, or inability of the parent, guardian, or custodian to seek financial or other reasonable means to do so; 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.

However, a child is not a child in need of services under this section solely because the child engages in an independent activity unless the parent, guardian, or custodian is so reckless as to endanger the health or safety of the child by allowing the child to engage in the independent activity, given the child's maturity, condition, and ability.

[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.76; P.L.198-2019, SEC.8; P.L.20-2026, SEC.2.
Ind. Code § 31-37-1-2 — Indiana Code / Title 31 / Article 37 / Chapter 1 / Section 31-37-1-2
Delinquent act
Status: in_force

Sec. 2. A child commits a delinquent act if, before becoming eighteen (18) years of age, the child commits a misdemeanor or felony offense, except for an act committed by a person over which the juvenile court lacks jurisdiction under IC 31-30-1. This section applies to an act alleged to have been committed before, on, or after July 1, 2023, regardless of whether the person becomes twenty-one (21) years of age before, on, or after July 1, 2023.

[Pre-1997 Recodification Citation: 31-6-4-1(a) part.]

As added by P.L.1-1997, SEC.20. Amended by P.L.84-2021, SEC.1; P.L.115-2023, SEC.9; P.L.218-2025, SEC.8.
Ind. Code § 31-35-1-12 — Indiana Code / Title 31 / Article 35 / Chapter 1 / Section 31-35-1-12
Required advisement to parents
Status: in_force

Sec. 12. For purposes of sections 6 and 8 of this chapter, the parents must be advised that:

(1) their consent is permanent and cannot be revoked or set aside unless it was obtained by fraud or duress or unless the parent is incompetent;

(2) when the court terminates the parent-child relationship:

(A) 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

(B) their consent to the child's adoption is not required;

(3) the parents have a right to the:

(A) care;

(B) custody; and

(C) control;

of their child as long as the parents fulfill their parental obligations;

(4) the parents have a right to a judicial determination of any alleged failure to fulfill their parental obligations in a proceeding to adjudicate their child a delinquent child or a child in need of services;

(5) the parents have a right to assistance in fulfilling their parental obligations after a court has determined that the parents are not doing so;

(6) proceedings to terminate the parent-child relationship against the will of the parents can be initiated only after:

(A) the child has been adjudicated a delinquent child or a child in need of services and removed from their custody following the adjudication; or

(B) a parent has been convicted and imprisoned for an offense listed in IC 31-35-3-4 (or has been convicted and imprisoned for an offense listed in IC 31-6-5-4.2(a) before its repeal), the child has been removed from the custody of the parents under a dispositional decree, and the child has been removed from the custody of the parents for six (6) months under a court order;

(7) the parents are entitled to representation by counsel, provided by the state if necessary, throughout any proceedings to terminate the parent-child relationship against the will of the parents;

(8) the parents will receive notice of the hearing, unless notice is waived under section 5(c) of this chapter, at which the court will decide if their consent was voluntary, and the parents may appear at the hearing and allege that the consent was not voluntary; and

(9) the parents' consent cannot be based upon a promise regarding the child's adoption or contact of any type with the child after the parents voluntarily relinquish their parental rights of the child after entry of an order under this chapter terminating the parent-child relationship.

[Pre-1997 Recodification Citation: 31-6-5-3.]

As added by P.L.1-1997, SEC.18. Amended by P.L.68-2005, SEC.56; P.L.146-2007, SEC.15; P.L.128-2012, SEC.171; P.L.179-2025, SEC.23.
Ind. Code § 31-18.5-1-4 — Indiana Code / Title 31 / Article 18.5 / Chapter 1 / Section 31-18.5-1-4
Support enforcement agency
Status: in_force

Sec. 4. (a) Remedies provided by this article are cumulative and do not affect the availability of remedies under other law or the recognition of a foreign support order on the basis of comity.

(b) This article does not:

(1) provide the exclusive method of establishing or enforcing a support order under Indiana law; or

(2) grant an Indiana tribunal jurisdiction to render judgment or issue an order relating to child custody, visitation, or parenting time in a proceeding under this article.

As added by P.L.206-2015, SEC.53.
Ind. Code § 31-34-20-1.5 — Indiana Code / Title 31 / Article 34 / Chapter 20 / Section 31-34-20-1.5-b
Placement in household with certain individuals prohibited; criminal history checks; exceptions; considerations
Status: in_force

Note: This version of section amended by P.L.158-2026, SEC.28. See also preceding version of this section amended by P.L.145-2026, SEC.207.

Sec. 1.5. (a) Except as provided in subsection (d), the juvenile court may not enter a dispositional decree approving or ordering placement of a child in another home under section 1(a)(3) of this chapter or awarding wardship to the department that will place the child in another home under section 1(a)(4) of this chapter if a person who is currently residing in the home in which the child would be placed under section 1(a)(3) or 1(a)(4) of this chapter has committed an act resulting in a substantiated report of child abuse or neglect, has a juvenile adjudication for an act that would be a nonwaivable offense, as defined in IC 31-9-2-84.8 if committed by an adult, or has a conviction for a nonwaivable offense, as defined in IC 31-9-2-84.8.

(b) The department or caseworker who prepared the predispositional report shall conduct a criminal history check (as defined in IC 31-9-2-22.5) to determine if a person described in subsection (a) has committed an act resulting in a substantiated report of child abuse or neglect, has a juvenile adjudication for an act that would be a nonwaivable offense, as defined in IC 31-9-2-84.8 if committed by an adult, or has a conviction for a nonwaivable offense, as defined in IC 31-9-2-84.8. However, the department or caseworker is not required to conduct a criminal history check under this section if criminal history information under IC 31-34-4-2 or IC 31-34-18-6.1 establishes whether a person described in subsection (a) has committed an act resulting in a substantiated report of child abuse or neglect, has a juvenile adjudication for an act that would be a nonwaivable offense, as defined in IC 31-9-2-84.8 if committed by an adult, or has a conviction for a nonwaivable offense, as defined in IC 31-9-2-84.8.

(c) The department or caseworker is not required to conduct a criminal history check under this section if:

(1) the department or caseworker is considering only an out-of-home placement to an entity or a facility that:

(A) is not a residence (as defined in IC 3-5-2.1-90); or

(B) is licensed by the state; or

(2) placement under this section is undetermined at the time the predispositional report is prepared.

(d) A juvenile court may enter a dispositional decree that approves placement of a child in another home or award wardship to the department that will place the child in a home with a person described in subsection (a) if:

(1) the person described in subsection (a) has:

(A) committed an act resulting in a substantiated report of child abuse or neglect;

(B) been convicted of:

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

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

(iii) criminal confinement (IC 35-42-3-3) as a felony;

(iv) arson (IC 35-43-1-1) as a felony;

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

(vi) operating a motorboat while intoxicated (IC 35-46-9-6) (before its repeal) as a felony;

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

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

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

if the conviction did not occur within the past five (5) years; or

(C) had a juvenile adjudication for a nonwaivable offense, as defined in IC 31-9-2-84.8 that, if committed by an adult, would be a felony; and

(2) the person's commission of the offense, delinquent act, or act of abuse or neglect described in subdivision (1) is not relevant to the person's present ability to care for a child, and placing a child in another home or awarding wardship to the department is in the best interest of the child.

However, a court may not enter a dispositional decree that approves placement of a child in another home or awards wardship to the department if the person has been convicted of a nonwaivable offense, as defined in IC 31-9-2-84.8 that is not specifically excluded under subdivision (1)(B).

(e) In considering the placement under subsection (d), the court shall consider the following:

(1) The length of time since the person committed the offense, delinquent act, or act that resulted in the substantiated report of abuse or neglect.

(2) The severity of the offense, delinquent act, or abuse or neglect.

(3) Evidence of the person's rehabilitation, including the person's cooperation with a treatment plan, if applicable.

As added by P.L.70-2004, SEC.22. Amended by P.L.234-2005, SEC.183; P.L.145-2006, SEC.312; P.L.1-2007, SEC.207; P.L.146-2008, SEC.603; P.L.162-2011, SEC.50; P.L.128-2012, SEC.165; P.L.158-2013, SEC.322; P.L.65-2016, SEC.15; P.L.183-2017, SEC.49; P.L.243-2019, SEC.17; P.L.142-2020, SEC.44; P.L.186-2025, SEC.161; P.L.158-2026, SEC.28.
Ind. Code § 31-11-7-5 — Indiana Code / Title 31 / Article 11 / Chapter 7 / Section 31-11-7-5
Portability agreement and portability election; obligation of surviving spouse or the personal representative of deceased spouse; petition for special administrator
Status: in_force

Sec. 5. (a) The following definitions apply throughout this section:

(1) "Deceased spouse" means the first member of a married couple to die.

(2) "DSUE amount" means "deceased spousal unused exclusion amount" as defined under Section 2010(c)(4) of the Internal Revenue Code, for federal estate tax and federal gift tax purposes, for a married individual who dies and is survived by a spouse.

(3) "Internal Revenue Code" means the Internal Revenue Code of 1986 as amended and applicable United States Department of Treasury regulations.

(4) "Portability agreement" means an executed premarital agreement or postmarital agreement under which a personal representative of the deceased spouse shall make a portability election after the death of that spouse and for the benefit of the surviving spouse.

(5) "Portability election" means an election by the personal representative of a deceased spouse, under Section 2010(c)(5) of the Internal Revenue Code, to effectively transfer a DSUE amount to a surviving spouse for federal estate tax and federal gift tax purposes.

(6) "Postmarital agreement" means a written agreement between two (2) spouses that is executed:

(A) after the spouses have entered into the marriage; and

(B) while the spouses are married to one another.

(7) "Premarital agreement" has the meaning set forth in IC 31-11-3-2.

(b) In order to permit a surviving spouse and the estate of a deceased spouse to timely comply with federal estate tax and federal gift tax reporting obligations, time is of the essence for performance of either party's obligations under a portability agreement and Section 2010(c)(5) of the Internal Revenue Code.

(c) A portability agreement is enforceable and effective according to its terms and is binding on the:

(1) spouses; and

(2) spouses' heirs, legatees, personal representatives, and other successors in interest;

without additional or separate consideration and without regard to the validity of other provisions in the same premarital agreement or postmarital agreement. The obligation of the deceased spouse's personal representative or other successor in interest to make a timely portability election is severable from any provision in a premarital agreement or postmarital agreement that is challenged or invalidated.

(d) A portability agreement becomes effective upon the death of a deceased spouse and remains effective and enforceable until the conclusion of the federal gift tax and federal estate tax proceedings of the surviving spouse.

(e) A surviving spouse may petition for the appointment of a special administrator under IC 29-1-10-15 to perform any obligation of the deceased spouse or the deceased spouse's successors in interest under a portability agreement, including:

(1) filing a federal estate tax for the deceased spouse;

(2) taking any action required to make a portability election; and

(3) obtaining information and documents to confirm the DSUE amount.

(f) If the estate of the deceased spouse is not otherwise required to file a federal estate tax return, then the surviving spouse shall, subject to the terms of a premarital agreement or postmarital agreement that contains a portability agreement, pay the reasonable costs and expenses associated with:

(1) preparing and filing the federal estate tax return and making the portability election for the deceased spouse; and

(2) determining the correct DSUE amount that was effectively transferred to the surviving spouse.

(g) After a portability election is made, the personal representative, surviving spouse, and any successors in interest have a continuing obligation to promptly exchange material documents and information necessary to cooperate and comply with an audit or examination by the Internal Revenue Service concerning:

(1) the federal estate tax return filed for the deceased spouse; or

(2) any federal gift tax return or federal estate tax return filed for the surviving spouse, during the surviving spouse's lifetime or after the surviving spouse's death.

This subsection applies regardless of whether the portability agreement contained an obligation to exchange the documents and materials described in this subsection.

(h) If the terms of a valid executed portability agreement conflict with this section the terms of a portability agreement control.

(i) Except as provided in subsection (j), if a surviving spouse remarries after the death of the deceased spouse, the parties' obligations under a portability agreement executed between the surviving spouse and the deceased spouse remain in full effect.

(j) If a surviving spouse remarries after the deceased spouse's death and the new spouse also predeceases the surviving spouse, a DSUE amount from the previously deceased spouse is effectively zero (0) under Section 2010(c)(4)(B) of the Internal Revenue Code, except to the extent that the surviving spouse has used part of the earlier deceased spouse's DSUE amount with respect to a lifetime gift made by the surviving spouse before the death of the immediately predeceased spouse.

As added by P.L.38-2023, SEC.21.
Ind. Code § 31-25-2-10 — Indiana Code / Title 31 / Article 25 / Chapter 2 / Section 31-25-2-10
Department duties concerning staff
Status: in_force

Sec. 10. (a) This section applies after June 30, 2008.

(b) The department of child services:

(1) must have sufficient qualified and trained staff to:

(A) fulfill the purpose of this article;

(B) comply with the maximum caseload ratios for:

(i) family case managers; and

(ii) child welfare caseworkers;

as set forth in IC 31-25-2-5;

(2) must be organized to maximize the continuity of responsibility, care, and service of individual family case managers toward individual children and families;

(3) must provide training to representatives of the department regarding the legal duties of the representatives in carrying out the responsibility of the department under section 7 of this chapter, which may consist of various methods of informing the representatives of their duties, in order to protect the legal rights and safety of children and families from the initial time of contact during the investigation through treatment;

(4) must provide training to representatives of the child protection services system regarding the constitutional rights of the child's family, including a child's guardian or custodian, that is the subject of an assessment of child abuse or neglect consistent with the Fourth Amendment to the United States Constitution and Article 1, Section 11 of the Constitution of the State of Indiana; and

(5) shall collaborate with the Indiana Statewide Independent Living Council, Self-Advocates of Indiana, and The Arc of Indiana, and may collaborate with other organizations representing persons with disabilities, to provide appropriate training programs conducted by a person with a disability to educate departmental employees in the rights and capabilities of persons with disabilities.

As added by P.L.145-2006, SEC.271. Amended by P.L.131-2009, SEC.30; P.L.146-2021, SEC.11.
Ind. Code § 31-41-2-1 — Indiana Code / Title 31 / Article 41 / Chapter 2 / Section 31-41-2-1
Juvenile court dual status child determination
Status: in_force

Sec. 1. After a juvenile court has determined that a child is a dual status child, the juvenile court may refer the child to be assessed by a dual status assessment team after:

(1) considering the reports provided pursuant to IC 31-34-7-2 or IC 31-37-8-5; or

(2) making a determination pursuant to IC 31-34-10-2(e) or IC 31-37-12-2(e).

However, all children identified as a dual status child under IC 31-41-1-2(1) through IC 31-41-1-2(3), or IC 31-41-1-2(6), shall be referred to the dual status assessment team.

As added by P.L.66-2015, SEC.17. Amended by P.L.157-2021, SEC.6.
Ind. Code § 31-34-7-1 — Indiana Code / Title 31 / Article 34 / Chapter 7 / Section 31-34-7-1
Preliminary inquiry
Status: in_force

Sec. 1. A person may give an intake officer written information indicating that a child is a child in need of services. If the intake officer completing the preliminary inquiry has reason to believe that the child is a child in need of services, the intake officer shall:

(1) make a preliminary inquiry to determine whether the interests of the child require further action; and

(2) complete the dual status screening tool on the child, as described in IC 31-41-1-3.

Whenever practicable, the preliminary inquiry should include information on the child's background, current status, and school performance.

[Pre-1997 Recodification Citation: 31-6-4-8(a), (b) part.]

As added by P.L.1-1997, SEC.17. Amended by P.L.66-2015, SEC.1.
Ind. Code § 31-32-3-8 — Indiana Code / Title 31 / Article 32 / Chapter 3 / Section 31-32-3-8
Term of appointment
Status: in_force

Sec. 8. (a) A guardian ad litem or court appointed special advocate serves until the juvenile court enters an order for discharge under IC 31-34-21-11 or IC 31-37-20-7.

(b) An early intervention advocate serves until the plan developed for an at-risk child under section 11 of this chapter has been terminated.

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

As added by P.L.1-1997, SEC.15. Amended by P.L.183-2011, SEC.6.
Ind. Code § 31-27-6-23 — Indiana Code / Title 31 / Article 27 / Chapter 6 / Section 31-27-6-23
Cessation of operation upon revocation of license
Status: in_force

Sec. 23. A child placing agency shall cease operation when the license of the child placing agency is revoked.

As added by P.L.145-2006, SEC.273.
Ind. Code § 31-34-8-8 — Indiana Code / Title 31 / Article 34 / Chapter 8 / Section 31-34-8-8
Repealed
Status: repealed

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

As added by P.L.1-1997, SEC.17. Amended by P.L.98-2004, SEC.112. Repealed by P.L.146-2008, SEC.805.
Ind. Code § 31-9-2.1-99 — Indiana Code / Title 31 / Article 9 / Chapter 2.1 / Section 31-9-2.1-99
"Final separation"
Status: in_force

Sec. 99. "Final separation", for purposes of IC 31-15-7, means the date of filing of the petition for dissolution of marriage under IC 31-15-2-4 (or IC 31-1-11.5-3 before its repeal). However, if:

(1) a legal separation proceeding involving the parties was pending when the petition for dissolution of marriage under IC 31-15-2-4 (or IC 31-1-11.5-3 before its repeal) was filed; or

(2) a provisional order or final decree for legal separation of the parties was in effect when the petition for dissolution of marriage under IC 31-15-2-4 (or IC 31-1-11.5-3 before its repeal) was filed;

the term means the date that the petition for legal separation was filed under IC 31-15-3-4 (or IC 31-1-11.5-3 before its repeal).

As added by P.L.145-2026, SEC.161.
Ind. Code § 31-19-25-18.5 — Indiana Code / Title 31 / Article 19 / Chapter 25 / Section 31-19-25-18.5
Contact and disclosure prohibited
Status: in_force

Sec. 18.5. An attorney, a licensed child placing agency, and a local office may not contact an adoptee, a birth parent, or an adoptive parent or disclose identifying information upon a request under section 18 of this chapter if the request involves an adoptee to whom both of the following apply:

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

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

As added by P.L.191-2011, SEC.51. Amended by P.L.128-2012, SEC.81; P.L.56-2023, SEC.293.
Ind. Code § 31-34-15-6 — Indiana Code / Title 31 / Article 34 / Chapter 15 / Section 31-34-15-6
Filing of paternity action by local prosecuting attorney's office
Status: in_force

Sec. 6. (a) This section applies whenever a child who was born out of wedlock is:

(1) or is alleged to be a child in need of services; and

(2) under the supervision of the department or a local office as a result of a court ordered out-of-home placement.

(b) The department or the local office may refer a child's case to the local prosecuting attorney's office for the filing of a paternity action if the:

(1) identity of the alleged father is known; and

(2) department or the local office reasonably believes that establishing the paternity of the child would be beneficial to the child.

The local prosecuting attorney's office shall file a paternity action regarding each case that is referred under this subsection.

As added by P.L.103-1997, SEC.5. Amended by P.L.145-2006, SEC.305; P.L.128-2012, SEC.162; P.L.150-2018, SEC.21.
Ind. Code § 31-15-6-3 — Indiana Code / Title 31 / Article 15 / Chapter 6 / Section 31-15-6-3
Protection of best interests of the child
Status: in_force

Sec. 3. A guardian ad litem or court appointed special advocate shall represent and protect the best interests of the child.

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

As added by P.L.1-1997, SEC.7.
Ind. Code § 31-16-14-3 — Indiana Code / Title 31 / Article 16 / Chapter 14 / Section 31-16-14-3
Process
Status: in_force

Sec. 3. Process in actions brought under this chapter is the same as in other civil actions.

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

As added by P.L.1-1997, SEC.8.
Ind. Code § 31-31-4-2 — Indiana Code / Title 31 / Article 31 / Chapter 4 / Section 31-31-4-2
Appointment
Status: in_force

Sec. 2. The judge of a juvenile court may appoint one (1) or more part-time juvenile court referees.

[Pre-1997 Recodification Citation: 31-6-9-2.1(b) part.]

As added by P.L.1-1997, SEC.14. Amended by P.L.98-2004, SEC.111; P.L.201-2011, SEC.11.
Ind. Code § 31-17-2.2-5 — Indiana Code / Title 31 / Article 17 / Chapter 2.2 / Section 31-17-2.2-5
Response to request for relocation; required information; burden of proof; exceptions
Status: in_force

Sec. 5. (a) Except as provided in subsection (b), a nonrelocating parent shall file a response not more than twenty (20) days after the day the nonrelocating parent is served notice from the relocating individual under section 3 of this chapter. The nonrelocating parent's response must include one (1) of the following:

(1) A statement that the nonrelocating parent does not:

(A) object to the relocation of the child; and

(B) request the modification of any custody, parenting time, grandparent visitation, or child support order.

(2) The following:

(A) A statement that the nonrelocating parent does not object to the relocation of the child.

(B) A motion requesting the modification of a custody, parenting time, grandparent visitation, or child support order as a result of the relocation.

(C) A request for a hearing on the motion filed under clause (B).

(3) The following:

(A) A statement that the nonrelocating parent objects to the relocation of the child.

(B) A motion requesting:

(i) a temporary or permanent order to prevent the relocation of the child; and

(ii) the modification of a custody, parenting time, grandparent visitation, or child support order as a result of the relocation.

(C) A request for a hearing on the motion filed under clause (B).

(b) A nonrelocating parent is not required to file a response under subsection (a) if the parties have executed and filed with the court a written agreement resolving all issues related to custody, parenting time, grandparent visitation, and child support resulting from the relocation of the child. The agreement must include a child support worksheet to be signed by the parties and attached to the agreement, if the agreement results in a modification of support.

(c) A motion filed under subsection (a)(2) or (a)(3) must state whether the relocating individual and the nonrelocating parent have participated in mediation or another alternate dispute resolution process regarding the relocation of the child.

(d) On the request of either party, the court shall hold a full evidentiary hearing to allow or restrain the relocation of the child and to review and modify, if appropriate, a custody order, parenting time order, grandparent visitation order, or child support order.

(e) The relocating individual has the burden of proof that the proposed relocation is made in good faith and for a legitimate reason.

(f) If the relocating individual meets the burden of proof under subsection (e), the burden shifts to the nonrelocating parent to show that the proposed relocation is not in the best interest of the child.

(g) If the nonrelocating parent fails to file a response under subsection (a), the relocating individual may relocate to the new residence.

As added by P.L.50-2006, SEC.7. Amended by P.L.186-2019, SEC.14.
Ind. Code § 31-27-4-16 — Indiana Code / Title 31 / Article 27 / Chapter 4 / Section 31-27-4-16
Duration of license; limitations; renewal
Status: in_force

Sec. 16. (a) A license for a foster family home is valid for four (4) years from the date of issuance, unless the license is revoked or voluntarily returned.

(b) A license issued under this chapter:

(1) is not transferable;

(2) applies only to the licensee and the location stated in the application; and

(3) remains the property of the department.

(c) A foster family home shall have the foster family home's license available for inspection.

(d) To extend a license an additional four (4) years, the home must apply for relicensure. The current license shall remain in effect during the relicensure process until the department issues a license or denies the application.

As added by P.L.145-2006, SEC.273. Amended by P.L.146-2006, SEC.31; P.L.128-2012, SEC.111.
Ind. Code § 31-17-6-6 — Indiana Code / Title 31 / Article 17 / Chapter 6 / Section 31-17-6-6
Subpoena powers; presentation of evidence
Status: in_force

Sec. 6. A guardian ad litem or court appointed special advocate appointed by a court under this chapter 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.9.
Ind. Code § 31-17-3.5-2 — Indiana Code / Title 31 / Article 17 / Chapter 3.5 / Section 31-17-3.5-2
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 said Principal shall faithfully comply with the requirements and conditions of said 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.10. Amended by P.L.68-2005, SEC.42.
Ind. Code § 31-19-19-2 — Indiana Code / Title 31 / Article 19 / Chapter 19 / Section 31-19-19-2
Agency files and records
Status: in_force

Sec. 2. (a) All files and records pertaining to the adoption proceedings in:

(1) the local office;

(2) the department; or

(3) any of the licensed child placing agencies;

are confidential and open to inspection only as provided in IC 31-19-13-2(2), IC 31-19-17, this chapter, or IC 31-19-20 through IC 31-19-25.5.

(b) The files and records described in subsection (a), including investigation records under IC 31-19-8-5 (or IC 31-3-1-4 before its repeal):

(1) are open to the inspection of the court hearing the petition for adoption; and

(2) on order of the court, may be:

(A) introduced into evidence; and

(B) made a part of the record;

in the adoption proceeding.

[Pre-1997 Recodification Citation: 31-3-1-5.]

As added by P.L.1-1997, SEC.11. Amended by P.L.197-1997, SEC.25; P.L.100-2005, SEC.6; P.L.145-2006, SEC.254; P.L.191-2011, SEC.20; P.L.128-2012, SEC.63.
Ind. Code § 31-9-2.1-37 — Indiana Code / Title 31 / Article 9 / Chapter 2.1 / Section 31-9-2.1-37
"Child born out of wedlock"
Status: in_force

Sec. 37. "Child born out of wedlock", for purposes of IC 31-19-3, IC 31-19-4-4, and IC 31-19-9, means a child who is born to:

(1) a woman; and

(2) a man who is not presumed to be the child's father under IC 31-14-7-1(1) or IC 31-14-7-1(2).

As added by P.L.145-2026, SEC.161.
Ind. Code § 31-18.5-5-1 — Indiana Code / Title 31 / Article 18.5 / Chapter 5 / Section 31-18.5-5-1
Income withholding order of another state
Status: in_force

Sec. 1. An income withholding order issued in another state may be sent by or on behalf of the obligee, or by the support enforcement agency, to the person defined as the obligor's income payor under IC 31-9-2.1-127 without first filing a petition or comparable pleading or registering the order with an Indiana tribunal.

As added by P.L.206-2015, SEC.53. Amended by P.L.145-2026, SEC.166.
Ind. Code § 31-34-6-2 — Indiana Code / Title 31 / Article 34 / Chapter 6 / Section 31-34-6-2
Placement with relative or de facto custodian; evaluation; background checks
Status: in_force

Sec. 2. (a) A juvenile court or the department shall consider placing a child alleged to be a child in need of services with a suitable and willing relative or de facto custodian of the child before considering any other placement for the child.

(b) A juvenile court or the department shall consider placing a child described in subsection (a) with a relative related by blood, marriage, or adoption before considering any other placement of the child.

(c) Before a child is placed with a relative or de facto custodian, a home evaluation and background checks described in IC 31-34-4-2 are required.

(d) A placement with whom a child has resided for at least twelve (12) months, consecutively or nonconsecutively, is presumed to be an individual who has a significant relationship with the child.

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

As added by P.L.1-1997, SEC.17. Amended by P.L.146-2008, SEC.581; P.L.123-2014, SEC.22; P.L.116-2026, SEC.7.
Ind. Code § 31-16-17-3 — Indiana Code / Title 31 / Article 16 / Chapter 17 / Section 31-16-17-3
Averments of complaint
Status: in_force

Sec. 3. The complaint must allege definite specific facts to establish:

(1) the duty to support; and

(2) the violation of the duty to support.

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

As added by P.L.1-1997, SEC.8.
Ind. Code § 31-34-3-5 — Indiana Code / Title 31 / Article 34 / Chapter 3 / Section 31-34-3-5
Immediate needs of child as first priority of department of child services
Status: in_force

Sec. 5. The department of child services must have as the department's first priority the immediate needs of the child for medical care, shelter, food, or other crisis services.

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

As added by P.L.1-1997, SEC.17. Amended by P.L.234-2005, SEC.175.
Ind. Code § 31-34-21-4.5 — Indiana Code / Title 31 / Article 34 / Chapter 21 / Section 31-34-21-4.5
Petition to request intervention
Status: in_force

Sec. 4.5. A:

(1) foster parent;

(2) long term foster parent;

(3) person who has been a foster parent; or

(4) person who is an unlicensed kinship caregiver;

may petition the court to request intervention as a party to a proceeding as set forth in IC 31-32-2.5.

As added by P.L.133-2000, SEC.7. Amended by P.L.152-2003, SEC.3; P.L.145-2006, SEC.317; P.L.183-2017, SEC.51; P.L.210-2019, SEC.13; P.L.68-2022, SEC.4; P.L.46-2024, SEC.19.
Ind. Code § 31-34-19-10 — Indiana Code / Title 31 / Article 34 / Chapter 19 / Section 31-34-19-10
Findings and conclusions
Status: in_force

Sec. 10. (a) The juvenile court shall accompany the court's dispositional decree with written findings and conclusions upon the record concerning the following:

(1) The needs of the child for care, treatment, rehabilitation, or placement, including any specific factors used to determine the child's best interest.

(2) The need for participation by the parent, guardian, or custodian in the plan of care for the child.

(3) Efforts made, if the child is a child in need of services, to:

(A) prevent the child's removal from; or

(B) reunite the child with;

the child's parent, guardian, or custodian in accordance with federal law.

(4) Family services that were offered and provided to:

(A) a child in need of services; or

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

in accordance with federal law.

(5) The court's reasons for the disposition.

(6) Whether the child is a dual status child under IC 31-41.

(b) The juvenile court may incorporate a finding or conclusion from a predispositional report as a written finding or conclusion upon the record in the court's dispositional decree.

[Pre-1997 Recodification Citation: 31-6-4-15.3(i) part.]

As added by P.L.1-1997, SEC.17. Amended by P.L.55-1997, SEC.23; P.L.146-2006, SEC.49; P.L.66-2015, SEC.8; P.L.116-2026, SEC.10.
Ind. Code § 31-35-2-6 — Indiana Code / Title 31 / Article 35 / Chapter 2 / Section 31-35-2-6
Request for hearing; timing of hearing; dismissal of petition
Status: in_force

Sec. 6. (a) Except when a hearing is required after June 30, 1999, under section 4.5 of this chapter, the person filing the petition shall request the court to set the petition for a hearing. Whenever a hearing is requested under this chapter, the court shall:

(1) commence a hearing on the petition not more than ninety (90) days after a petition is filed under this chapter; and

(2) complete a hearing on the petition not more than one hundred eighty (180) days after a petition is filed under this chapter.

(b) If a hearing is not held within the time set forth in subsection (a):

(1) upon filing of a motion with the court by a party; and

(2) absent a finding by the court that the extension of the deadline for the hearing is necessitated by:

(A) unanticipated, emergent circumstances;

(B) the circumstances of the case; or

(C) the Indiana Rules of Trial Procedure;

the court shall dismiss the petition to terminate the parent-child relationship without prejudice.

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

As added by P.L.1-1997, SEC.18. Amended by P.L.35-1998, SEC.21; P.L.146-2006, SEC.54; P.L.48-2012, SEC.68; P.L.244-2023, SEC.11; P.L.179-2025, SEC.26.
Ind. Code § 31-37-11-5 — Indiana Code / Title 31 / Article 37 / Chapter 11 / Section 31-37-11-5
Answer to petition alleging delinquency exceeding one year in aggregate
Status: in_force

Sec. 5. A child may not be required to answer a petition alleging that the child is a delinquent child for more than one (1) year in aggregate.

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

As added by P.L.1-1997, SEC.20.
Ind. Code § 31-37-20-7 — Indiana Code / Title 31 / Article 37 / Chapter 20 / Section 31-37-20-7
Discharge of child
Status: in_force

Sec. 7. When the juvenile court finds that the objectives of the dispositional decree have been met, the court shall discharge the child and the child's parent, guardian, or custodian.

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

As added by P.L.1-1997, SEC.20.
Ind. Code § 31-9-2.1-126 — Indiana Code / Title 31 / Article 9 / Chapter 2.1 / Section 31-9-2.1-126
"Income"
Status: in_force

Sec. 126. (a) "Income", for purposes of IC 31-16-15 and IC 31-16-16, means anything of value owed to an obligor.

(b) "Income", for purposes of the Uniform Interstate Family Support Act under IC 31-18.5, means earnings or other periodic entitlements to money from any source, and any other property subject to withholding for support under Indiana law (as defined in IC 31-18.5-1-2).

As added by P.L.145-2026, SEC.161.
Ind. Code § 31-33-18-7 — Indiana Code / Title 31 / Article 33 / Chapter 18 / Section 31-33-18-7
Notice to employer of child care worker who is subject of substantiated report
Status: in_force

Sec. 7. (a) Subject to subsection (b), the department may notify a child care worker's employer that a substantiated report for child abuse or neglect has been entered against the child care worker if the department:

(1) enters a new substantiated report against an individual that the department knows to be a child care worker (as defined in IC 31-9-2.1-40); and

(2) knows the identity of the child care worker's employer.

(b) If the department concludes that the health or safety of a child will be potentially endangered if the child care worker has continuing unsupervised contact with a child, the department shall notify the child care worker's employer that a substantiated report has been entered against the child care worker not more than two (2) business days after entering the child care worker's name into the child protection index.

As added by P.L.77-2023, SEC.11. Amended by P.L.170-2023, SEC.9; P.L.145-2026, SEC.199.
Ind. Code § 31-28-1-2 — Indiana Code / Title 31 / Article 28 / Chapter 1 / Section 31-28-1-2
"Provider"
Status: in_force

Sec. 2. As used in this chapter, "provider" has the meaning set forth in IC 16-39-7-1.

As added by P.L.145-2006, SEC.274.
Ind. Code § 31-19-14-1 — Indiana Code / Title 31 / Article 19 / Chapter 14 / Section 31-19-14-1
Expedited appeal proceedings
Status: in_force

Sec. 1. An appeal of an adoption decree shall be decided on an expedited basis.

[Pre-1997 Recodification Citation: 31-3-1.3-1.]

As added by P.L.1-1997, SEC.11.
Ind. Code § 31-36-2-0.5 — Indiana Code / Title 31 / Article 36 / Chapter 2 / Section 31-36-2-0.5
Missing juvenile as high risk missing person
Status: in_force

Sec. 0.5. A missing juvenile is a high risk missing person under IC 5-2-17. A law enforcement agency receiving a report of a missing juvenile shall follow the procedures in IC 5-2-17 in addition to the procedures described in this chapter.

As added by P.L.92-2007, SEC.3.
Ind. Code § 31-30-3-4 — Indiana Code / Title 31 / Article 30 / Chapter 3 / Section 31-30-3-4
Act that would be murder
Status: in_force

Sec. 4. Upon motion of the prosecuting attorney and after full investigation and hearing, the juvenile court shall waive jurisdiction if it finds that:

(1) the child is charged with an act that would be murder if committed by an adult;

(2) there is probable cause to believe that the child has committed the act; and

(3) the child was at least twelve (12) years of age when the act charged was allegedly committed;

unless it would be in the best interests of the child and of the safety and welfare of the community for the child to remain within the juvenile justice system.

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

As added by P.L.1-1997, SEC.13. Amended by P.L.187-2015, SEC.26.
Ind. Code § 31-37-2-6 — Indiana Code / Title 31 / Article 37 / Chapter 2 / Section 31-37-2-6
Delinquent act; violation concerning minors and alcoholic beverages
Status: in_force

Sec. 6. A child commits a delinquent act if, before becoming eighteen (18) years of age, the child violates IC 7.1-5-7 concerning minors and alcoholic beverages.

[Pre-1997 Recodification Citation: 31-6-4-1(a) part.]

As added by P.L.1-1997, SEC.20.
Ind. Code § 31-33-8-13 — Indiana Code / Title 31 / Article 33 / Chapter 8 / Section 31-33-8-13
Court findings to be entered in the child protection index
Status: in_force

Sec. 13. Whenever a court finds that a child is a child in need of services on the basis of a child abuse or neglect report classified as substantiated under section 12 of this chapter, the department shall enter into the child protection index established under IC 31-33-26-2 identifiable information concerning the court's judgment.

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

As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005, SEC.127; P.L.138-2007, SEC.65.
Ind. Code § 31-21-1-2 — Indiana Code / Title 31 / Article 21 / Chapter 1 / Section 31-21-1-2
Child custody determination made by a tribe
Status: in_force

Sec. 2. (a) A child custody proceeding pertaining to an Indian child, as defined in the Indian Child Welfare Act (25 U.S.C. 1901 et seq.), is not subject to this article to the extent that it is governed by the Indian Child Welfare Act.

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

(c) A child custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of this article must be recognized and enforced under IC 31-21-6.

As added by P.L.138-2007, SEC.45.
Ind. Code § 31-21-5-4 — Indiana Code / Title 31 / Article 21 / Chapter 5 / Section 31-21-5-4
Temporary emergency jurisdiction; child custody determinations; communication with other courts
Status: in_force

Sec. 4. (a) An Indiana court has temporary emergency jurisdiction if the child is present in Indiana and:

(1) the child has been abandoned; or

(2) it is necessary in an emergency to protect the child because:

(A) the child;

(B) the child's sibling; or

(C) the child's parent;

is subjected to or threatened with mistreatment or abuse.

(b) If:

(1) there is no previous child custody determination that is entitled to be enforced under this article; and

(2) a child custody proceeding has not been commenced in a court of a state having jurisdiction under sections 1 through 3 of this chapter;

a child custody determination made under this section remains in effect until an order is obtained from a court of a state having jurisdiction under sections 1 through 3 of this chapter.

(c) If a child custody proceeding has not been or is not commenced in a court of a state having jurisdiction under sections 1 through 3 of this chapter, a child custody determination made under this section becomes a final determination, and, if it so provides, Indiana becomes the home state of the child.

(d) If:

(1) there is a previous child custody determination that is entitled to be enforced under this article; or

(2) a child custody proceeding has been commenced in a court of a state having jurisdiction under sections 1 through 3 of this chapter;

an order issued by an Indiana court under this section must specify in the order a period that the court considers adequate to allow the person seeking an order to obtain an order from the state having jurisdiction under sections 1 through 3 of this chapter.

(e) The order issued in Indiana remains in effect until an order is obtained from the other state within the period specified or the period expires.

(f) An Indiana court that has been asked to make a child custody determination under this section, on being informed that:

(1) a child custody proceeding has been commenced in; or

(2) a child custody determination has been made by;

a court of a state having jurisdiction under sections 1 through 3 of this chapter, shall immediately communicate with the other court.

(g) An Indiana court that is exercising jurisdiction under sections 1 through 3 of this chapter, on being informed that:

(1) a child custody proceeding has been commenced in; or

(2) a child custody determination has been made by;

a court of another state under a statute similar to this section, shall immediately communicate with the court of the other state to resolve the emergency, protect the safety of the parties and the child, and determine a period for the duration of the temporary order.

As added by P.L.138-2007, SEC.45.
Ind. Code § 31-17-4-10 — Indiana Code / Title 31 / Article 17 / Chapter 4 / Section 31-17-4-10
Missed parenting time; parent in military
Status: in_force

Sec. 10. A noncustodial parent who misses parenting time as the result of participation in an activity of:

(1) the Indiana National Guard; or

(2) a reserve component of the armed forces of the United States;

may make up the lost parenting time as provided in IC 10-16-7-22.

As added by P.L.103-1997, SEC.4. Amended by P.L.2-2003, SEC.72; P.L.68-2005, SEC.52.
Ind. Code § 31-17-2-3 — Indiana Code / Title 31 / Article 17 / Chapter 2 / Section 31-17-2-3
Commencement of proceeding
Status: in_force

Sec. 3. (a) A child custody proceeding is commenced in the court by:

(1) a parent by filing a petition under IC 31-15-2-4, IC 31-15-3-4, or IC 31-16-2-3;

(2) a person other than a parent by filing a petition seeking a determination of custody of the child; or

(3) a child, by the child's next friend, if the child is the subject of a:

(A) child in need of services petition under IC 31-34; or

(B) termination petition under IC 31-35.

(b) As used in this section, "child's next friend" means:

(1) the department;

(2) the child's court appointed special advocate; or

(3) the child's guardian ad litem.

[Pre-1997 Recodification Citation: 31-1-11.5-20(a) part.]

As added by P.L.1-1997, SEC.9. Amended by P.L.66-2023, SEC.1; P.L.9-2024, SEC.495.
Ind. Code § 31-25-4-4 — Indiana Code / Title 31 / Article 25 / Chapter 4 / Section 31-25-4-4
"Obligor"
Status: in_force

Sec. 4. As used in this chapter, "obligor" means a person whose support obligation is enforced by the Title IV-D agency.

As added by P.L.145-2006, SEC.271.
Ind. Code § 31-39-8-6 — Indiana Code / Title 31 / Article 39 / Chapter 8 / Section 31-39-8-6
Destruction of expunged records not relating to offense that would be a serious violent felony; retention of data
Status: in_force

Sec. 6. (a) This section does not apply to records relating to a finding that a child committed an offense that would be a serious violent felony (as defined by IC 35-31.5-2-294). Subject to subsections (b) and (c), the records shall be destroyed upon a grant of an expungement petition by the court including an expungement order issued under section 3.5 of this chapter.

(b) Data from the records in subsection (a) shall be maintained by the court on a secure data base that does not enable identification of the offender to the public or another person not having legal or statutory authority to access the records.

(c) The records maintained in the data base under subsection (b) may be used only for statistical analysis, research, and financial auditing purposes.

[Pre-1997 Recodification Citation: 31-6-8-2(e).]

As added by P.L.1-1997, SEC.22. Amended by P.L.86-2017, SEC.10; P.L.157-2021, SEC.5; P.L.77-2025, SEC.7.
Ind. Code § 31-21-5-2 — Indiana Code / Title 31 / Article 21 / Chapter 5 / Section 31-21-5-2
Exclusive, continuing jurisdiction of child custody cases
Status: in_force

Sec. 2. (a) Except as otherwise provided in section 4 of this chapter, an Indiana court that has made a child custody determination consistent with section 1 or 3 of this chapter has exclusive, continuing jurisdiction over the determination until:

(1) an Indiana court determines that:

(A) neither:

(i) the child;

(ii) the child's parents; nor

(iii) any person acting as a parent;

has a significant connection with Indiana; and

(B) substantial evidence is no longer available in Indiana concerning the child's care, protection, training, and personal relationships; or

(2) an Indiana court or a court of another state determines that:

(A) the child;

(B) the child's parents; and

(C) any person acting as a parent;

do not presently reside in Indiana.

(b) An Indiana court that:

(1) has made a child custody determination; and

(2) does not have exclusive, continuing jurisdiction under this section;

may modify the determination only if the Indiana court has jurisdiction to make an initial determination under section 1 of this chapter.

As added by P.L.138-2007, SEC.45.
Ind. Code § 31-30-3-8 — Indiana Code / Title 31 / Article 30 / Chapter 3 / Section 31-30-3-8
Order to hold child for proceedings; recognizance bond
Status: in_force

Sec. 8. If jurisdiction is waived, the juvenile court:

(1) shall order the child held for proceedings in the court to which the child is waived; and

(2) may fix a recognizance bond for the child to answer the charge in the court to which the child is waived.

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

As added by P.L.1-1997, SEC.13.
Ind. Code § 31-32-6-8 — Indiana Code / Title 31 / Article 32 / Chapter 6 / Section 31-32-6-8
Exclusion of child
Status: in_force

Sec. 8. In proceedings involving:

(1) the termination of the parent-child relationship; or

(2) a child in need of services;

the child may be excluded from any part of any hearing for good cause shown upon the record.

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

As added by P.L.1-1997, SEC.15.
Ind. Code § 31-16-9-3 — Indiana Code / Title 31 / Article 16 / Chapter 9 / Section 31-16-9-3
Notice of change of address, federal assistance, and other conditions affecting support order
Status: in_force

Sec. 3. (a) A party affected by a support order shall inform the clerk and the state central collection unit established within the child support bureau by IC 31-25-3-1 of any change of address not more than fifteen (15) days after the party's address is changed.

(b) At the time of the issuance or modification of a support order, the parties affected by the order shall inform the clerk of the court and the state central collection unit established within the child support bureau by IC 31-25-3-1 of:

(1) whether any of the parties is receiving or has received assistance under the:

(A) federal Aid to Families with Dependent Children program (42 U.S.C. 601 et seq.); or

(B) federal Temporary Assistance for Needy Families (TANF) program (45 CFR 260 et seq.); and

(2) the Social Security number of any child affected by the order.

The Social Security number required under subdivision (2) shall be kept confidential and used only to carry out the purposes of the Title IV-D program.

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

As added by P.L.1-1997, SEC.8. Amended by P.L.213-1999, SEC.11; P.L.148-2006, SEC.14; P.L.1-2007, SEC.192; P.L.3-2008, SEC.232; P.L.1-2009, SEC.158.
Ind. Code § 31-32-6-7 — Indiana Code / Title 31 / Article 32 / Chapter 6 / Section 31-32-6-7
Bench trials; jury trial for adult charged with crime; waiver of trial by jury
Status: in_force

Sec. 7. (a) Except as provided in subsection (b), all matters in juvenile court shall be tried to the court.

(b) A trial of an adult charged with a crime shall be tried to a jury unless:

(1) the adult requests a bench trial; or

(2) the adult waives the right to a jury trial under the Indiana Rules of Criminal Procedure.

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

As added by P.L.1-1997, SEC.15. Amended by P.L.108-2015, SEC.1.
Ind. Code § 31-37-18-1.1 — Indiana Code / Title 31 / Article 37 / Chapter 18 / Section 31-37-18-1.1
Mandatory attendance at predispositional hearing by report preparer or probation officer
Status: in_force

Sec. 1.1. (a) At a dispositional hearing under this chapter, the person that prepared the predispositional report or a probation officer described in subsection (b):

(1) must be present; and

(2) must present testimony when requested to explain how the individuals participating in the conference described in IC 31-37-17:

(A) examined the available options; and

(B) recommended the options that most closely coincide with the guidelines provided in IC 31-37-17-4.

(b) A probation officer other than the person who prepared the predispositional report may satisfy the requirements of subsection (a) if the probation officer has knowledge of:

(1) a conference held under IC 31-37-17-1.1; and

(2) the report and recommendations made under IC 31-37-17-1.

As added by P.L.55-1997, SEC.32. Amended by P.L.142-2007, SEC.9.
Ind. Code § 31-34-2-6 — Indiana Code / Title 31 / Article 34 / Chapter 2 / Section 31-34-2-6
Documentation by person taking child into custody without court order; forms
Status: in_force

Sec. 6. (a) A person taking a child into custody under section 3 of this chapter shall make written documentation evidencing the following:

(1) The facts establishing probable cause to believe that the child is a child in need of services.

(2) Why the child's physical or mental condition will be seriously impaired or seriously endangered if the child is not immediately taken into custody.

(3) Why the person is unable to obtain a court order and what steps have been taken to obtain a court order.

(4) Why the department of child services is unable to protect the safety of the child without taking the child into custody.

(5) Why the person is unable to obtain the assistance of a law enforcement officer if the child is taken into custody by a probation officer or caseworker without the assistance of a law enforcement officer.

(b) The department of child services shall create forms to be used for documentation under this section.

(c) The person taking the child into custody shall immediately forward a copy of the documentation to the department of child services to be included in the report required by IC 31-33-7-4.

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

As added by P.L.1-1997, SEC.17. Amended by P.L.234-2005, SEC.168.
Ind. Code § 31-37-18-8 — Indiana Code / Title 31 / Article 37 / Chapter 18 / Section 31-37-18-8
Advisement of modification procedures
Status: in_force

Sec. 8. The juvenile court shall advise the child and the child's parent, guardian, or custodian of the procedures under IC 31-37-22.

[Pre-1997 Recodification Citation: 31-6-4-15.3(h) part.]

As added by P.L.1-1997, SEC.20.
Ind. Code § 31-25-3-4 — Indiana Code / Title 31 / Article 25 / Chapter 3 / Section 31-25-3-4
Access to information and records; immunity from liability; confidential
Status: in_force

Sec. 4. (a) Notwithstanding any other law, the bureau or a prosecuting attorney, private attorney, or private entity that is operating under an agreement or contract described in IC 31-25-4-13.1 is entitled to obtain access, at no cost to the bureau or the prosecuting attorney, private attorney, or private entity that is operating under an agreement or contract described in IC 31-25-4-13.1, to the following records from the following agencies or entities:

(1) The following records of state and local agencies:

(A) Records of birth, marriage, and death.

(B) Tax and revenue records, including information related to residence addresses, employers, and assets.

(C) Records concerning real and titled personal property.

(D) Records of occupational, professional, and recreational licenses or permits.

(E) Records concerning the ownership and control of corporations, partnerships, and other business entities.

(F) Employment security records.

(G) Records of agencies administering public assistance programs.

(H) Records of the bureau of motor vehicles.

(I) Records of:

(i) the department of correction; and

(ii) county and municipal correction or confinement facilities.

(2) Subject to subsection (d), records of public utilities and cable television companies that relate to persons who owe or are owed support, or against whom a support obligation is sought, including:

(A) the person's name and address; and

(B) the name and address of the person's employer.

(3) Records held by financial institutions as provided under IC 31-25-4-31.

(4) Subject to policies adopted by the superintendent of the state police department concerning the disclosure of law enforcement records, any other records of a state or local agency.

(b) Upon the request of the bureau or a prosecuting attorney, private attorney, or private entity that is operating under an agreement or contract described in IC 31-25-4-13.1, an employer shall provide information related to the employment, earnings, benefits, and residential address and phone number of any employee.

(c) An agency or entity that possesses records described in subsection (a)(1) and (a)(3) shall provide information and records upon the request of the bureau or a prosecuting attorney, private attorney, or private entity that is operating under an agreement or contract under IC 31-25-4-13.1. Information described in this subsection shall be provided in response to a subpoena, or the bureau may enter into agreements to provide for electronic access to these records.

(d) An entity listed subsection (a)(2) shall provide the information only in response to a judicial or administrative subpoena issued by the bureau.

(e) An agency or entity described under subsection (a) that provides information under a request or subpoena under this section is not liable for disclosing information under the request or subpoena.

(f) All information received under this section is confidential. The bureau may disclose this information only as provided under IC 31-25-4-21.

As added by P.L.80-2010, SEC.47.
Ind. Code § 31-16-20-3 — Indiana Code / Title 31 / Article 16 / Chapter 20 / Section 31-16-20-3
Acceptance of proceedings by transferee court
Status: reserved

Sec. 3. The court to which the proceedings are transferred:

(1) shall accept the proceedings; and

(2) thereafter has jurisdiction over the children and matters relating to their support by the parent so ordered.

[Pre-1997 Recodification Citation: 31-2-7-1 part.]

As added by P.L.1-1997, SEC.8.
Ind. Code § 31-19-29-5 — Indiana Code / Title 31 / Article 19 / Chapter 29 / Section 31-19-29-5
Medical assistance identification; conditions; payment of benefits; nonresidents; rules; violations
Status: in_force

Sec. 5. (a) A child with special needs resident in this state who is the subject of an adoption assistance agreement with another state shall be entitled to receive a medical assistance identification from this state upon the filing in the local office for the county in which the child resides of a certified copy of the adoption assistance agreement obtained from the adoption assistance state. In accordance with rules of the department, the adoptive parents shall be required at least annually to show that the agreement is still in force or has been renewed.

(b) The department shall consider the holder of a medical assistance identification pursuant to this section as any other holder of a medical assistance identification under the laws of this state and shall process and make payment on claims on account of such holder in the same manner and pursuant to the same conditions and procedures as for other recipients of medical assistance.

(c) The department shall provide coverage and benefits for a child who is in another state and who is covered by an adoption assistance agreement made by the department for the coverage or benefits, if any, not provided by the residence state. To this end, the adoptive parents acting for the child may submit evidence of payment for services or benefit amounts not payable in the residence state and shall be reimbursed therefor. However, there shall be no reimbursement for services or benefit amounts covered under any insurance or other third party medical contract or arrangement held by the child or the adoptive parents. The department shall adopt rules implementing this subsection. The additional coverages and benefit amounts provided pursuant to this subsection shall be for services to the cost of which there is no federal contribution, or which, if federally aided, are not provided by the residence state. Among other things, such rules shall include procedures to be followed in obtaining prior approvals for services in those instances where required for the assistance.

(d) A person who submits any claim for payment or reimbursement for services or benefits pursuant to this section or makes any statement in connection therewith, which claim or statement the maker knows or should know to be false, misleading, or fraudulent commits a Level 6 felony.

(e) The provisions of this section shall apply only to medical assistance for children under adoption assistance agreements from states that have entered into a compact with this state under which the other state provides medical assistance to children with special needs under adoption assistance agreements made by this state. All other children entitled to medical assistance pursuant to adoption assistance agreements entered into by this state shall be eligible to receive it in accordance with the laws and procedures applicable thereto.

[Pre-1997 Recodification Citation: 31-3-5-5.]

As added by P.L.1-1997, SEC.11. Amended by P.L.145-2006, SEC.269; P.L.128-2012, SEC.85; P.L.158-2013, SEC.312.
Ind. Code § 31-9-2.1-188 — Indiana Code / Title 31 / Article 9 / Chapter 2.1 / Section 31-9-2.1-188
"Professional health care provider"
Status: in_force

Sec. 188. "Professional health care provider", for purposes of IC 31-19-25, has the meaning set forth in IC 34-6-2.1-165.

As added by P.L.145-2026, SEC.161.
Ind. Code § 31-34-4-5 — Indiana Code / Title 31 / Article 34 / Chapter 4 / Section 31-34-4-5
Investigation, release, or detention by intake officer of child taken into custody without court order
Status: in_force

Sec. 5. If the child was not taken into custody under an order of the court, the intake officer shall investigate the reasons for the child's detention. The intake officer shall release the child to the child's parent, guardian, or custodian upon the person's written promise to bring the child before the juvenile court at a time specified. However, the intake officer may place the child in detention if the intake officer reasonably believes that the child is a child in need of services and that:

(1) detention is necessary to protect the child;

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

(3) the child has a reasonable basis for requesting that the child not be released; or

(4) the parent, guardian, or custodian:

(A) cannot be located; or

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

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

As added by P.L.1-1997, SEC.17.
Ind. Code § 31-14-16-5 — Indiana Code / Title 31 / Article 14 / Chapter 16 / Section 31-14-16-5
Repealed
Status: repealed

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

As added by P.L.1-1997, SEC.6. Repealed by P.L.133-2002, SEC.69.
Ind. Code § 31-34-11-3 — Indiana Code / Title 31 / Article 34 / Chapter 11 / Section 31-34-11-3
Discharge of child
Status: in_force

Sec. 3. If the court finds that a child is not a child in need of services, the court shall discharge the child.

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

As added by P.L.1-1997, SEC.17.
Ind. Code § 31-17-2-22 — Indiana Code / Title 31 / Article 17 / Chapter 2 / Section 31-17-2-22
Custodial parent's violation of injunction or temporary restraining order considered in custody modification
Status: in_force

Sec. 22. An intentional violation by a custodial parent of an injunction or a temporary restraining order issued under IC 31-17-4-4 or IC 31-17-4-5 (or IC 31-1-11.5-26 before its repeal) may be considered a relevant factor under section 8 of this chapter that the court must consider in a proceeding for a custody modification under section 21 of this chapter.

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

As added by P.L.1-1997, SEC.9.
Ind. Code § 31-19-18-6 — Indiana Code / Title 31 / Article 19 / Chapter 18 / Section 31-19-18-6
Adoption history fund
Status: in_force

Sec. 6. (a) The adoption history fund is established for the purpose of carrying out this chapter and IC 31-19-19 through IC 31-19-25.5. The state registrar shall administer the fund.

(b) The expenses of administering the fund shall be paid from:

(1) money in the fund; or

(2) if revenues are insufficient, a supplemental appropriation.

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

[Pre-1997 Recodification Citations: 31-3-4-14(e); 31-3-4-18.]

As added by P.L.1-1997, SEC.11. Amended by P.L.191-2011, SEC.18.
Ind. Code § 31-32-16-10 — Indiana Code / Title 31 / Article 32 / Chapter 16 / Section 31-32-16-10
Drug and alcohol assessment
Status: in_force

Sec. 10. Notwithstanding IC 34-46-3 and IC 25-33-1-17, the judge may order a physician or a psychologist to submit a drug and alcohol assessment to the juvenile court in a proceeding under this chapter.

As added by P.L.196-2003, SEC.2.
Ind. Code § 31-27-3-3 — Indiana Code / Title 31 / Article 27 / Chapter 3 / Section 31-27-3-3
Application for license; criminal history checks
Status: in_force

Sec. 3. (a) An applicant must apply for a child caring institution license on forms provided by the department.

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

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

(1) Whether the applicant has been convicted of:

(A) a felony; or

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

(2) Whether the applicant has been charged with:

(A) a felony; or

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

during the pendency of the application.

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

(1) Each individual who is an applicant.

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

(3) Each employee of the applicant.

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

(5) Each volunteer of the applicant who is likely to have:

(A) unsupervised contact with children in the child caring institution; or

(B) access to a child's electronic or physical medical records.

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

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

(2) submit to the department a copy of the information it receives concerning each person described in subsection (d)(1) through (d)(5).

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

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

(A) a conviction for a felony;

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

(C) 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;

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

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

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

(g) Except as provided in subsection (h) and section 3.5 of this chapter, a criminal history check described in subsection (d) is required only at the time an application for a new license or the renewal of an existing license is submitted.

(h) Except as provided in subsection (i), a criminal history check of each person described in subsection (d)(2) through (d)(5) must be completed on or before the date the person:

(1) is employed;

(2) is assigned as a volunteer; or

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

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

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

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

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

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

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

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

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

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

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

(A) does not have contact with children who are under the care and control of the child caring institution; and

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

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

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

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

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

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

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

As added by P.L.145-2006, SEC.273. Amended by P.L.138-2007, SEC.47; P.L.162-2011, SEC.23; P.L.128-2012, SEC.96; P.L.183-2017, SEC.14; P.L.243-2019, SEC.7; P.L.173-2022, SEC.1; P.L.81-2025, SEC.3; P.L.62-2026, SEC.3; P.L.78-2026, SEC.5; P.L.145-2026, SEC.175.
Ind. Code § 31-19-28-2 — Indiana Code / Title 31 / Article 19 / Chapter 28 / Section 31-19-28-2
Full faith and credit
Status: in_force

Sec. 2. Every decree of a court terminating parental rights issued by a court of any other jurisdiction within or outside the United States shall be recognized in Indiana so that the rights and obligations of the parties concerning matters within the jurisdiction of Indiana shall be determined as though the decree were issued by an Indiana court.

[Pre-1997 Recodification Citation: 31-3-1-10(b).]

As added by P.L.1-1997, SEC.11.
Ind. Code § 31-16-12-5 — Indiana Code / Title 31 / Article 16 / Chapter 12 / Section 31-16-12-5
Additional remedies
Status: in_force

Sec. 5. The enforcement remedies provided under this chapter are in addition to other remedies available for collecting delinquent support.

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

As added by P.L.1-1997, SEC.8.
Ind. Code § 31-34-22-2 — Indiana Code / Title 31 / Article 34 / Chapter 22 / Section 31-34-22-2
Providing copies of reports and factual summaries of reports
Status: in_force

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

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

(2) prepared for use at a periodic case review under IC 31-34-21-2 or hearing under IC 31-34-21-7;

shall be made available to the child, and the child's parent, foster parent, guardian, guardian ad litem, court appointed special advocate, custodian, or any other person who is entitled to receive notice of the periodic case review or permanency hearing under IC 31-34-21-4 at least forty-eight (48) hours before the hearing.

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

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

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

(3) Each court appointed special advocate.

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

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

As added by P.L.1-1997, SEC.17. Amended by P.L.129-2005, SEC.8; P.L.146-2006, SEC.53; P.L.138-2007, SEC.76; P.L.62-2018, SEC.2.
Ind. Code § 31-35-1.5-6 — Indiana Code / Title 31 / Article 35 / Chapter 1.5 / Section 31-35-1.5-6
Notice to unnamed or unknown putative parent
Status: in_force

Sec. 6. Notice given to an unnamed or unknown putative parent under section 5 of this chapter must be published once a week for three (3) consecutive weeks in the print edition or electronic edition of a newspaper of general circulation in:

(1) the county in which the safe haven infant was voluntarily surrendered; and

(2) each contiguous county to the county described in subdivision (1).

As added by P.L.45-2023, SEC.13.
Ind. Code § 31-16-12.5-7 — Indiana Code / Title 31 / Article 16 / Chapter 12.5 / Section 31-16-12.5-7
Distribution of refund
Status: in_force

Sec. 7. (a) The department of state revenue shall submit the refund amount set forth in the final order to the clerk of the circuit court for distribution.

(b) If the custodial parent:

(1) has received or is receiving assistance under the Title IV-A program; or

(2) has assigned child support payments under IC 12-14-7-1;

during the period of time for which child support is owed by the obligor, the court shall determine whether a portion of the refund must be distributed to the state under subsection (c).

(c) If the court determines that an amount is owed to the state under subsection (b), the court shall order the clerk of the circuit court to distribute the refund:

(1) to the state in an amount determined by the court; and

(2) to the custodial parent in any amount remaining after distribution under subdivision (1).

As added by P.L.27-2004, SEC.4.
Ind. Code § 31-32-13-7 — Indiana Code / Title 31 / Article 32 / Chapter 13 / Section 31-32-13-7
Issuance of emergency order
Status: in_force

Sec. 7. If:

(1) the juvenile court determines on the juvenile court's review of the record that an emergency exists; or

(2) the moving party demonstrates by sworn testimony or affidavit that an emergency exists;

the juvenile court may issue an emergency order without a hearing.

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

As added by P.L.1-1997, SEC.15.
Ind. Code § 31-25-2-23 — Indiana Code / Title 31 / Article 25 / Chapter 2 / Section 31-25-2-23
Permanency roundtable duties; residential placement committee
Status: in_force

Sec. 23. (a) The department shall establish a permanency roundtable (as defined in IC 31-9-2.1-176). The permanency roundtable shall review:

(1) a child's permanency plan under IC 31-34-21-5.7 if the child is placed in a child caring institution, group home, or private secure facility; and

(2) a child's permanency plan under IC 31-37-20-3 if the child is placed in a child caring institution, group home, or private secure facility;

and make recommendations to the court.

(b) The department shall establish a residential placement committee (as defined in IC 31-9-2.1-212). The residential placement committee shall, before a case plan is approved by the local office or court, review:

(1) a child's placement in a child caring institution, group home, or private secure facility under IC 31-34-15-2; and

(2) a child's placement in a child caring institution, group home, or private secure facility under IC 31-37-19-1.5 if the placement is contrary to the department's recommendation under IC 31-37-17-1.4;

and make recommendations to the court.

As added by P.L.48-2012, SEC.25. Amended by P.L.123-2014, SEC.8; P.L.145-2026, SEC.171.
Ind. Code § 31-30-3-12 — Indiana Code / Title 31 / Article 30 / Chapter 3 / Section 31-30-3-12
Secure facility; adult inmates
Status: in_force

Sec. 12. (a) The following definitions apply throughout this section:

(1) "Juvenile arrestee" means a child who:

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

(B) has been charged as an adult; and

(C) is awaiting trial, sentencing, or other legal process.

(2) "Sight or sound contact with adult inmates" means any:

(A) physical;

(B) clear visual; or

(C) verbal;

contact between a juvenile arrestee and an adult inmate that is not brief and inadvertent.

(b) A juvenile arrestee who is housed in a secure facility may not be held in:

(1) an adult facility, except as provided in IC 31-37-7-2; or

(2) a facility that permits sight or sound contact with adult inmates;

unless a court finds, after a hearing, that it is in the best interests of justice for the juvenile arrestee to be housed in an adult facility or a facility permitting sight or sound contact with adult inmates. If a court orders a juvenile arrestee to be housed in an adult facility or a facility permitting sight or sound contact with adult inmates, the court shall issue its decision in writing.

(c) In making a determination under subsection (b), the court shall consider:

(1) the age of the juvenile arrestee;

(2) the physical and mental maturity of the juvenile arrestee;

(3) the present mental state of the juvenile arrestee, including whether the juvenile arrestee presents an imminent risk of harm to the arrestee or others;

(4) the nature and circumstances of the alleged offense;

(5) any prior history of delinquent or criminal acts of the juvenile arrestee;

(6) the relative ability of the available adult and juvenile detention facilities to not only meet the specific needs of the juvenile but also to protect the safety of the public as well as the safety of other detained youth; and

(7) any other relevant factors.

(d) If a court determines it is in the best interests of justice for the juvenile arrestee to be housed in an adult facility or a facility permitting sight or sound contact with adult inmates, the court may order that the juvenile arrestee be held in an adult facility or a facility permitting sight or sound contact with adult inmates for not more than one hundred eighty (180) days.

(e) The court may extend the one hundred eighty (180) day period described in subsection (d) for one (1) or more additional sixty (60) day periods, if the court finds, in writing, that there is good cause to extend the juvenile arrestee's placement in an adult facility or a facility permitting sight or sound contact with adult inmates. However, the juvenile arrestee may waive the good cause requirement if the juvenile arrestee prefers to keep the same placement.

(f) If the court orders a juvenile arrestee to be held under subsection (d) or (e), the court shall hold a hearing at least one (1) time every thirty (30) days to review whether it is still in the interests of justice to house the arrestee in the adult facility or the facility permitting sight or sound contact with adult inmates.

As added by P.L.157-2021, SEC.1.
Ind. Code § 31-9-2.1-163 — Indiana Code / Title 31 / Article 9 / Chapter 2.1 / Section 31-9-2.1-163
"Neglected child"; "dependent child"
Status: in_force

Sec. 163. "Neglected child" or "dependent child", for purposes of IC 31-37-23, has the meaning set forth in IC 31-37-23-5.

As added by P.L.145-2026, SEC.161.
Ind. Code § 31-27-5-34 — Indiana Code / Title 31 / Article 27 / Chapter 5 / Section 31-27-5-34
Expiration of injunctions for unlicensed operation
Status: in_force

Sec. 34. A court order granted under section 33(b)(2) of this chapter expires when the group home is issued a license.

As added by P.L.145-2006, SEC.273.
Ind. Code § 31-33-8-1 — Indiana Code / Title 31 / Article 33 / Chapter 8 / Section 31-33-8-1
Investigations by the department of child services; time of initiation; investigations of child care ministries
Status: in_force

Sec. 1. (a) The department shall initiate an appropriately thorough child protection assessment of every report of known or suspected child abuse or neglect the department receives, whether in accordance with this article or otherwise, unless the report is screened out and referred to a law enforcement agency.

(b) If a report of known or suspected child abuse or neglect is received from a judge or prosecutor requesting the department to initiate a child protection assessment, the department shall initiate an assessment in accordance with this section.

(c) If a report of known or suspected child abuse or neglect is received from:

(1) medical personnel;

(2) school personnel;

(3) a social worker;

(4) law enforcement officials or personnel;

(5) judiciary personnel; or

(6) prosecuting attorney personnel;

the department shall forward the report to the local office to determine if the department will initiate an assessment in accordance with this section.

(d) If the department believes that a child is in imminent danger of serious bodily harm, the department shall initiate an onsite assessment immediately, but not later than two (2) hours, after receiving the report.

(e) If the report alleges a child may be a victim of child abuse, the assessment shall be initiated immediately, but not later than twenty-four (24) hours after receipt of the report.

(f) If reports of child neglect are received, the assessment shall be initiated within a reasonably prompt time, but not later than five (5) days, with the primary consideration being the well-being of the child who is the subject of the report.

(g) If the report alleges that a child lives with a parent, guardian, or custodian who is married to or lives with a person who:

(1) has been convicted of:

(A) neglect of a dependent under IC 35-46-1-4; or

(B) a battery offense under IC 35-42-4; or

(2) is required to register as a sex or violent offender under IC 11-8-8;

the department shall initiate an assessment within a reasonably prompt time, but not later than five (5) days after the department receives the report, with the primary consideration being the well-being of the child who is the subject of the report.

(h) If the safety or well-being of a child appears to be endangered or the facts otherwise warrant, the assessment shall be initiated regardless of the time of day.

(i) If a report alleges abuse or neglect and involves a child care ministry that is exempt from licensure under IC 12-17.2-6, the department and the appropriate law enforcement agency shall jointly conduct an investigation. The investigation shall be conducted under the requirements of this section and section 2(b) of this chapter.

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

As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005, SEC.117; P.L.124-2007, SEC.10; P.L.131-2009, SEC.43; P.L.205-2013, SEC.339; P.L.198-2019, SEC.7; P.L.84-2026, SEC.8.
Ind. Code § 31-17-2-4 — Indiana Code / Title 31 / Article 17 / Chapter 2 / Section 31-17-2-4
Repealed
Status: repealed

[Pre-1997 Recodification Citation: 31-1-11.5-20(b).]

As added by P.L.1-1997, SEC.9. Repealed by P.L.50-2006, SEC.9.
Ind. Code § 31-16-12.5-8 — Indiana Code / Title 31 / Article 16 / Chapter 12.5 / Section 31-16-12.5-8
Interest charges
Status: in_force

Sec. 8. A final order issued under section 6 of this chapter may include interest charges in an amount determined under IC 31-16-12-2.

As added by P.L.27-2004, SEC.4. Amended by P.L.207-2013, SEC.50.
Ind. Code § 31-14-21-9.1 — Indiana Code / Title 31 / Article 14 / Chapter 21 / Section 31-14-21-9.1
Duty of court to order blood or genetic testing
Status: in_force

Sec. 9.1. (a) Except as provided under section 13 of this chapter and subject to IC 31-19-2-14, at the initial hearing held under section 9 of this chapter, the court shall order all the parties to the paternity action to undergo blood or genetic testing.

(b) If the alleged father is unable to pay for the initial costs of the testing, the court shall order that the tests be paid by the Indiana department of health from putative father registry fees collected under IC 31-19-2-8(2). The Indiana department of health may recover costs from an individual found to be the biological father of the child in the action.

As added by P.L.200-1999, SEC.4. Amended by P.L.58-2009, SEC.6; P.L.56-2023, SEC.262.
Ind. Code § 31-19-2-1 — Indiana Code / Title 31 / Article 19 / Chapter 2 / Section 31-19-2-1
Adoption of adult; petition; venue; consent; investigation
Status: in_force

Sec. 1. (a) Subject to section 1.1 of this chapter, an individual who is at least eighteen (18) years of age may be adopted by a resident of Indiana:

(1) upon proper petition to the court having jurisdiction in probate matters in any county in Indiana; and

(2) with the consent of the individual acknowledged in open court.

(b) If the court in which a petition for adoption is filed under this section considers it necessary, the court may order:

(1) the type of investigation that is conducted in an adoption of a child who is less than eighteen (18) years of age; or

(2) any other inquiry that the court considers advisable;

before granting the petition for adoption.

[Pre-1997 Recodification Citation: 31-3-1-11 part.]

As added by P.L.1-1997, SEC.11. Amended by P.L.244-2019, SEC.9; P.L.203-2021, SEC.2.
Ind. Code § 31-27-4.5-1 — Indiana Code / Title 31 / Article 27 / Chapter 4.5 / Section 31-27-4.5-1
Foster parent's right to disclose confidential information; limitations; exceptions
Status: in_force

Sec. 1. (a) Except as provided in subsection (b), a confidentiality agreement entered into between a foster parent and the department may not prohibit the foster parent from releasing or disclosing confidential information to a duly elected state government official for whom the information is relevant to the official's responsibility under the law to protect children from child abuse and neglect.

(b) A foster parent may provide an elected state government official with information regarding a child in the foster parent's care. However, a foster parent may not release or disclose the following information regarding a child who is or was in foster care or under the supervision of a juvenile court, or regarding the child's parent, guardian, or custodian:

(1) Medical records.

(2) Mental health records.

(3) Education records.

(4) Social Security number.

(5) Juvenile court records, as set forth in IC 31-39-1.

(6) Law enforcement records, as set forth in IC 31-39-3.

(7) A report prepared under IC 31-19-17-2.

(8) Identifying information (as defined in IC 31-33-18-1.5) regarding the child's parent, guardian, or custodian.

(9) Information shared at a meeting at which the foster parent was present only with the consent of a child's parent, guardian, or custodian.

(c) The department may not:

(1) take adverse action against a foster parent's license under IC 31-27-4; or

(2) remove a foster child from the home of a foster parent;

solely on the basis of the foster parent having spoken to a duly elected state government official, provided the foster parent did not provide the state government official with information the foster parent is prohibited from releasing under subsection (b).

As added by P.L.244-2023, SEC.7.
Ind. Code § 31-17-4-9 — Indiana Code / Title 31 / Article 17 / Chapter 4 / Section 31-17-4-9
Additional remedies
Status: in_force

Sec. 9. The remedies in this chapter are in addition to and do not limit other civil or criminal remedies available to the noncustodial parent.

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

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

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

As added by P.L.1-1997, SEC.7. Repealed by P.L.133-2002, SEC.69.
Ind. Code § 31-10-3.5-4 — Indiana Code / Title 31 / Article 10 / Chapter 3.5 / Section 31-10-3.5-4
Exemptions
Status: in_force

Sec. 4. This chapter does not:

(1) prohibit the department from taking an action authorized by state law to prevent child abuse or neglect as defined in IC 31-9-2-14(c); or

(2) limit the department from enforcing licensing requirements under IC 31-27 that are consistent with this chapter.

As added by P.L.43-2026, SEC.6.
Ind. Code § 31-9-2.1-48 — Indiana Code / Title 31 / Article 9 / Chapter 2.1 / Section 31-9-2.1-48
"Child support guidelines"
Status: in_force

Sec. 48. "Child support guidelines", for purposes of IC 31-16-8-1, refers to the guidelines adopted by the Indiana supreme court.

As added by P.L.145-2026, SEC.161.
Ind. Code § 31-39-4-8 — Indiana Code / Title 31 / Article 39 / Chapter 4 / Section 31-39-4-8
Interested persons
Status: in_force

Sec. 8. (a) The head of a law enforcement agency or that person's designee may grant any person having a legitimate interest in the work of the agency or in a particular case access to the agency's confidential records. In exercising discretion, the head of a law enforcement agency shall consider that the best interests of the safety and welfare of the community are generally served by the public's ability to obtain information about:

(1) the identity of anyone charged with the alleged commission of any act that would be murder or a felony if committed by an adult; and

(2) the identity of anyone charged with the alleged commission of an act that would be part of a pattern of less serious offenses.

(b) A person having access to records under this section is not bound by the confidentiality provisions of IC 31-39-3 and may disclose the contents of the records.

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

As added by P.L.1-1997, SEC.22.
Ind. Code § 31-19-28-3 — Indiana Code / Title 31 / Article 19 / Chapter 28 / Section 31-19-28-3
Consent
Status: in_force

Sec. 3. Every consent to adoption taken in a jurisdiction outside Indiana that:

(1) is valid under the law in force in the state, territory, or country where the consent to adoption was taken; or

(2) would be valid if the consent to adoption had been taken in Indiana;

is a valid consent to an adoption.

[Pre-1997 Recodification Citation: 31-3-1-10(c).]

As added by P.L.1-1997, SEC.11.
Ind. Code § 31-26-5-2 — Indiana Code / Title 31 / Article 26 / Chapter 5 / Section 31-26-5-2
Department contracting to provide family preservation services
Status: in_force

Sec. 2. The department may contract to provide or provide, when appropriate, within the limits of available funding, family preservation services to families with a child at imminent risk of placement.

As added by P.L.145-2006, SEC.272.
Ind. Code § 31-9-2.1-172 — Indiana Code / Title 31 / Article 9 / Chapter 2.1 / Section 31-9-2.1-172
"Omission"
Status: in_force

Sec. 172. "Omission", for purposes of IC 31-34-1-2, means an occurrence in which the parent, guardian, or custodian allowed the child of the parent, guardian, or custodian to receive an injury that the parent, guardian, or custodian had a reasonable opportunity to prevent or mitigate.

As added by P.L.145-2026, SEC.161.
Ind. Code § 31-26-4-5 — Indiana Code / Title 31 / Article 26 / Chapter 4 / Section 31-26-4-5-b
Repealed
Status: repealed

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

As added by P.L.145-2006, SEC.272. Amended by P.L.93-2021, SEC.1. Repealed by P.L.152-2026, SEC.455.
Ind. Code § 31-30-1-4 — Indiana Code / Title 31 / Article 30 / Chapter 1 / Section 31-30-1-4
Juvenile court lacks jurisdiction over individuals at least 16 years of age committing certain felonies; retention and transfer of jurisdiction by court having adult criminal jurisdiction; criminal court jurisdiction over adult charged with offense committed as a child
Status: in_force

Sec. 4. (a) The juvenile court does not have jurisdiction over an individual for an alleged violation of:

(1) IC 35-41-5-1(a) (attempted murder);

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

(3) IC 35-42-3-2 (kidnapping);

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

(5) IC 35-42-4-2 (criminal deviate conduct) (before its repeal);

(6) IC 35-42-5-1 (robbery) if:

(A) the robbery was committed while armed with a deadly weapon; or

(B) the robbery results in bodily injury or serious bodily injury;

(7) IC 35-42-5-2 (carjacking) (before its repeal);

(8) IC 35-47-10 (children and firearms), if charged as a felony, unless:

(A) the child is charged with a felony under IC 35-47-10-5(a)(1) and not any other provision under IC 35-47-10;

(B) the felony charged under IC 35-47-10-5(a)(1) is the only felony charge pending against the child;

(C) the child has not more than one (1) prior conviction or adjudication under IC 35-47-10-5 or IC 35-47-2-1.5; and

(D) if the child has a prior conviction under IC 35-47-10-5 or IC 35-47-2-1.5, the conviction is a misdemeanor; or

(9) any offense that may be joined under IC 35-34-1-9(a)(2) with any crime listed in this subsection;

if the individual was at least sixteen (16) years of age but less than eighteen (18) years of age at the time of the alleged violation.

(b) Once an individual described in subsection (a) has been charged with any offense listed in subsection (a), the court having adult criminal jurisdiction shall retain jurisdiction over the case if the individual pleads guilty to or is convicted of any offense listed in subsection (a)(1) through (a)(8).

(c) If:

(1) an individual described in subsection (a) is charged with one (1) or more offenses listed in subsection (a);

(2) all the charges under subsection (a)(1) through (a)(8) resulted in an acquittal or were dismissed; and

(3) the individual pleads guilty to or is convicted of any offense other than an offense listed in subsection (a)(1) through (a)(8);

the court having adult criminal jurisdiction may withhold judgment and transfer jurisdiction to the juvenile court for adjudication and disposition. In determining whether to transfer jurisdiction to the juvenile court for adjudication and disposition, the court having adult criminal jurisdiction shall consider whether there are appropriate services available in the juvenile justice system, whether the child is amenable to rehabilitation under the juvenile justice system, and whether it is in the best interests of the safety and welfare of the community that the child be transferred to juvenile court. All orders concerning release conditions remain in effect until a juvenile court detention hearing, which must be held not later than forty-eight (48) hours, excluding Saturdays, Sundays, and legal holidays, after the order of transfer of jurisdiction.

(d) A court having adult criminal jurisdiction, and not a juvenile court, has jurisdiction over a person who is at least twenty-one (21) years of age for an alleged offense:

(1) committed while the person was a child; and

(2) that could have been waived under IC 31-30-3.

This subsection applies to a criminal proceeding for an alleged offense regardless of whether the offense was committed before, on, or after July 1, 2023, or the juvenile becomes twenty-one (21) years of age before, on, or after July 1, 2023.

[Pre-1997 Recodification Citation: 31-6-2-1.1(d).]

As added by P.L.1-1997, SEC.13. Amended by P.L.17-2001, SEC.7; P.L.151-2006, SEC.12; P.L.216-2007, SEC.35; P.L.67-2008, SEC.2; P.L.158-2013, SEC.315; P.L.214-2013, SEC.25; P.L.168-2014, SEC.40; P.L.84-2015, SEC.1; P.L.28-2016, SEC.1; P.L.175-2022, SEC.4; P.L.115-2023, SEC.7; P.L.148-2024, SEC.15; P.L.218-2025, SEC.7; P.L.158-2026, SEC.25.
Ind. Code § 31-19-4-12 — Indiana Code / Title 31 / Article 19 / Chapter 4 / Section 31-19-4-12
Repealed
Status: repealed

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

As added by P.L.1-1997, SEC.11. Repealed by P.L.61-2003, SEC.22.
Ind. Code § 31-25-2-3 — Indiana Code / Title 31 / Article 25 / Chapter 2 / Section 31-25-2-3
Department organization
Status: in_force

Sec. 3. The director shall determine the best manner of organizing the department to provide the necessary services throughout Indiana to fulfill the purposes of this article.

As added by P.L.145-2006, SEC.271.
Ind. Code § 31-27-4-29 — Indiana Code / Title 31 / Article 27 / Chapter 4 / Section 31-27-4-29
Cessation of operation following revocation of license
Status: in_force

Sec. 29. A foster family home shall cease operation when the license of the foster family home is revoked.

As added by P.L.145-2006, SEC.273.
Ind. Code § 31-15-4-8 — Indiana Code / Title 31 / Article 15 / Chapter 4 / Section 31-15-4-8
Temporary orders
Status: in_force

Sec. 8. (a) The court may issue an order for temporary maintenance or support in such amounts and on such terms that are just and proper. However, the court shall require that the support payments be made through the clerk of the circuit court as trustee for remittance to the person entitled to receive benefits, unless the court has reasonable grounds for providing or approving another method of payment.

(b) The court may issue:

(1) a temporary restraining order;

(2) a custody order; or

(3) an order for possession of property;

to the extent the court considers proper.

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

As added by P.L.1-1997, SEC.7.
Ind. Code § 31-9-2.1-227 — Indiana Code / Title 31 / Article 9 / Chapter 2.1 / Section 31-9-2.1-227
"Shelter care facility"
Status: in_force

Sec. 227. (a) Except as provided in subsection (b), "shelter care facility", for purposes of the juvenile law, means a place of residence that:

(1) is licensed under the laws of any state; and

(2) is not locked to prevent a child's departure unless the administrator determines that locking is necessary to protect the child's health.

(b) "Shelter care facility", for purposes of IC 31-27-3 and IC 31-27-5, means a child caring institution or group home that provides temporary service twenty-four (24) hours a day for not more than twenty (20) consecutive days to a child:

(1) who is admitted to a residential facility on an emergency basis; and

(2) who is:

(A) receiving care and supervision under an order of a juvenile court;

(B) voluntarily placed by the parent or guardian of the child; or

(C) self-referred.

As added by P.L.145-2026, SEC.161.
Ind. Code § 31-27-5-35 — Indiana Code / Title 31 / Article 27 / Chapter 5 / Section 31-27-5-35
Violations of chapter
Status: in_force

Sec. 35. A person who knowingly or intentionally violates this chapter commits a Class B misdemeanor.

As added by P.L.145-2006, SEC.273.
Ind. Code § 31-27-3-13 — Indiana Code / Title 31 / Article 27 / Chapter 3 / Section 31-27-3-13
Duration of license; limitations; renewal; public display
Status: in_force

Sec. 13. (a) A license for a child caring institution expires four (4) years after the date of issuance, unless the license is revoked or voluntarily returned.

(b) A license issued under this chapter:

(1) is not transferable;

(2) applies only to the licensee and the location stated in the application; and

(3) remains the property of the department.

(c) When a licensee submits a timely application for renewal, the current license remains in effect until the department issues a license or denies the application.

(d) A current license must be publicly displayed.

As added by P.L.145-2006, SEC.273. Amended by P.L.146-2006, SEC.27; P.L.128-2012, SEC.99.
Ind. Code § 31-37-19-6.5 — Indiana Code / Title 31 / Article 37 / Chapter 19 / Section 31-37-19-6.5
Placement prohibited in residence of individual who has committed certain acts or offenses; criminal history check; exceptions; considerations
Status: in_force

Note: This version of section amended by P.L.145-2026, SEC.215. See also following version of this section amended by P.L.158-2026, SEC.30.

Sec. 6.5. (a) Except as provided in subsection (d), the juvenile court may not enter a dispositional decree approving placement of a child in another home under section 1(a)(3) or 6(b)(2)(D) of this chapter or awarding wardship to a person or facility that results in a placement with a person under section 1(a)(4) or 6(b)(2)(E) of this chapter if a person who is currently residing in the home in which the child would be placed under section 1(a)(3), 1(a)(4), 6(b)(2)(D), or 6(b)(2)(E) of this chapter has committed an act resulting in a substantiated report of child abuse or neglect, has a juvenile adjudication for an act that would be a nonwaivable offense, as defined in IC 31-9-2.1-168 if committed by an adult, or has a conviction for a nonwaivable offense, as defined in IC 31-9-2.1-168.

(b) The juvenile probation officer who prepared the predispositional report shall conduct a criminal history check (as defined in IC 31-9-2.1-58) to determine if a person described in subsection (a) has committed an act resulting in a substantiated report of child abuse or neglect, has a juvenile adjudication for an act that would be a nonwaivable offense, as defined in IC 31-9-2.1-168 if committed by an adult, or has a conviction for a nonwaivable offense, as defined in IC 31-9-2.1-168. However, the probation officer is not required to conduct a criminal history check under this section if criminal history information obtained under IC 31-37-17-6.1 establishes whether a person described in subsection (a) has committed an act resulting in a substantiated report of child abuse or neglect, has a juvenile adjudication for an act that would be a nonwaivable offense, as defined in IC 31-9-2.1-168 if committed by an adult, or has a conviction for a nonwaivable offense, as defined in IC 31-9-2.1-168.

(c) The juvenile probation officer is not required to conduct a criminal history check under this section if:

(1) the probation officer is considering only an out-of-home placement to an entity or a facility that:

(A) is not a residence (as defined in IC 3-5-2.1-90); or

(B) is licensed by the state; or

(2) placement under this section is undetermined at the time the predispositional report is prepared.

(d) The juvenile court may enter a dispositional decree approving placement of a child in another home under section 1(a)(3) or 6(b)(2)(D) of this chapter or awarding wardship to a person or facility that results in a placement with a person under section 1(a)(4) or 6(b)(2)(E) of this chapter if:

(1) a person described in subsection (a) has:

(A) committed an act resulting in a substantiated report of child abuse or neglect;

(B) been convicted of:

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

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

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

(iv) criminal confinement (IC 35-42-3-3) as a felony;

(v) arson (IC 35-43-1-1) as a felony;

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

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

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

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

if the conviction did not occur within the past five (5) years; or

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

(2) the person's commission of the offense, delinquent act, or act of abuse or neglect described in subdivision (1) is not relevant to the person's present ability to care for a child, and placing the child in another home is in the best interest of the child.

However, a court may not enter a dispositional decree placing a child in another home under section 1(a)(3) or 6(b)(2)(D) of this chapter or awarding wardship to a person or facility under this subsection if a person with whom the child is or will be placed has been convicted of a nonwaivable offense, as defined in IC 31-9-2.1-168 that is not specifically excluded under subdivision (1)(B).

(e) In considering the placement under subsection (d), the court shall consider the following:

(1) The length of time since the person committed the offense, delinquent act, or act that resulted in the substantiated report of abuse or neglect.

(2) The severity of the offense, delinquent act, or abuse or neglect.

(3) Evidence of the person's rehabilitation, including the person's cooperation with a treatment plan, if applicable.

As added by P.L.70-2004, SEC.27. Amended by P.L.234-2005, SEC.187; P.L.145-2006, SEC.347; P.L.1-2007, SEC.209; P.L.146-2008, SEC.652; P.L.162-2011, SEC.55; P.L.158-2013, SEC.329; P.L.65-2016, SEC.19; P.L.183-2017, SEC.57; P.L.243-2019, SEC.20; P.L.142-2020, SEC.47; P.L.186-2025, SEC.163; P.L.145-2026, SEC.215.
Ind. Code § 31-35-2-8 — Indiana Code / Title 31 / Article 35 / Chapter 2 / Section 31-35-2-8
Determination; formal order
Status: in_force

Sec. 8. (a) Except as provided in section 4.5(d) of this chapter, if the court finds that the allegations in a petition described in section 4 of this chapter are true, the court shall terminate the parent-child relationship.

(b) If the court does not find that the allegations in the petition are true, the court shall dismiss the petition.

(c) The court shall write a formal order with:

(1) findings of fact that support the entry of the conclusions required by subsections (a) and (b); and

(2) any specific factors used to determine the child's best interest.

[Pre-1997 Recodification Citation: 31-6-5-4.3 part.]

As added by P.L.1-1997, SEC.18. Amended by P.L.35-1998, SEC.23; P.L.128-2012, SEC.173; P.L.116-2026, SEC.13.
Ind. Code § 31-32-13-9 — Indiana Code / Title 31 / Article 32 / Chapter 13 / Section 31-32-13-9
Protective order depositories; confidential form
Status: in_force

Sec. 9. When a court issues an order or an emergency order under this chapter:

(1) the clerk of the court shall comply with IC 5-2-9; and

(2) the petitioner shall file a confidential form prescribed or approved by the office of judicial administration with the clerk.

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

As added by P.L.1-1997, SEC.15. Amended by P.L.161-2018, SEC.39.
Ind. Code § 31-25-2-13 — Indiana Code / Title 31 / Article 25 / Chapter 2 / Section 31-25-2-13
Access to photographs, x-rays, and physical medical examination reports
Status: in_force

Sec. 13. Photographs, x-rays, or physical medical examination reports shall be made available to:

(1) the law enforcement agency having jurisdiction;

(2) the department;

(3) the prosecuting attorney;

(4) the guardian ad litem; or

(5) the court appointed special advocate appointed by the juvenile court;

for use in any judicial proceeding relating to the subject matter of a report made under this article and, to the extent permissible under the Indiana Rules of Trial Procedure, to the adverse party in any proceeding arising under this article.

As added by P.L.145-2006, SEC.271.
Ind. Code § 31-40-1-3 — Indiana Code / Title 31 / Article 40 / Chapter 1 / Section 31-40-1-3
Payment by parent or guardian for cost of services provided by or through department of child services; presumption of indigency
Status: in_force

Sec. 3. (a) Subject to subsection (f), a parent or guardian of the estate of a child adjudicated a delinquent child or a child in need of services is financially responsible as provided in this chapter (or IC 31-6-4-18(e) before its repeal) for any services provided by or through the department.

(b) Each person described in subsection (a) shall, before a hearing under subsection (c) concerning payment or reimbursement of costs, furnish the court and the department with an accurately completed and current child support obligation worksheet on the same form that is prescribed by the Indiana supreme court for child support orders.

(c) At:

(1) a detention hearing;

(2) a hearing that is held after the payment of costs by the department under section 2 of this chapter (or IC 31-6-4-18(b) before its repeal);

(3) the dispositional hearing; or

(4) any other hearing to consider modification of a dispositional decree;

the juvenile court may not order the child's parents or the guardian of the child's estate to pay for, or reimburse the department for the cost of services provided to the child or the parent or guardian unless the court makes a specific finding that the parent or guardian is able to pay.

(d) Any parental reimbursement obligation under this section shall be paid directly to the department and not to the local court clerk so long as the child in need of services case or juvenile delinquency case is open. The department shall keep track of all payments made by each parent and shall provide a receipt for each payment received. At the end of the child in need of services or juvenile delinquency action, the department shall provide an accounting of payments received, and the court may consider additional evidence of payment activity and determine the amount of parental reimbursement obligation that remains unpaid. The court shall reduce the unpaid balance to a final judgment that may be enforced in any court having jurisdiction over such matters.

(e) After a judgment for unpaid parental reimbursement obligation is rendered, payments made toward satisfaction of the judgment shall be made to the clerk of the court in the county where the enforcement action is filed and shall be promptly forwarded to the department in the same manner as any other judgment payment.

(f) A parent is presumed indigent unless a court makes a specific finding that states otherwise.

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

As added by P.L.1-1997, SEC.23. Amended by P.L.273-1999, SEC.120; P.L.146-2008, SEC.667; P.L.182-2009(ss), SEC.388; P.L.101-2022, SEC.30; P.L.151-2023, SEC.1.
Ind. Code § 31-33-7-8 — Indiana Code / Title 31 / Article 33 / Chapter 7 / Section 31-33-7-8
Reports after initiation of assessment or investigation; contents; confidentiality
Status: in_force

Sec. 8. (a) This section applies if the department receives a report of suspected child abuse or neglect from:

(1) a hospital;

(2) a community mental health center;

(3) a managed care provider (as defined in IC 12-7-2.1-219);

(4) a referring physician;

(5) a dentist;

(6) a licensed psychologist;

(7) a school;

(8) a child caring institution licensed under IC 31-27;

(9) a group home licensed under IC 31-27 or IC 12-28-4;

(10) a secure private facility; or

(11) a child placing agency (as defined in IC 31-9-2.1-46).

(b) Not later than forty-five (45) days after the date the department initiates an assessment or investigation of a report of suspected child abuse or neglect from a person described in subsection (a), the department shall send a report to:

(1) the administrator of the hospital;

(2) the community mental health center;

(3) the managed care provider;

(4) the referring physician;

(5) the dentist;

(6) the principal of the school;

(7) a licensed psychologist;

(8) a child caring institution licensed under IC 31-27;

(9) a group home licensed under IC 31-27 or IC 12-28-4;

(10) a secure private facility; or

(11) a child placing agency (as defined in IC 31-9-2.1-46).

The report must contain the items listed in subsection (d) that are known at the time the report is sent.

(c) The administrator, director, referring physician, dentist, licensed psychologist, or principal may appoint a designee to receive the report.

(d) A report made by the department under this section must contain the following information:

(1) The name of the alleged victim of child abuse or neglect.

(2) The name of the alleged perpetrator and the alleged perpetrator's relationship to the alleged victim.

(3) Whether the assessment is closed.

(4) Whether the department has made an assessment of the case and has not taken any further action.

(5) The caseworker's name and telephone number.

(6) The date the report is prepared.

(7) Other information that the department may prescribe.

(e) A report made under this section:

(1) is confidential; and

(2) may be made available only to:

(A) the agencies named in this section; and

(B) the persons and agencies listed in IC 31-33-18-2.

[Pre-1997 Recodification Citation: 31-6-11-22.]

As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005, SEC.116; P.L.131-2009, SEC.42; P.L.162-2011, SEC.44; P.L.198-2019, SEC.6; P.L.145-2026, SEC.196.
Ind. Code § 31-31-2-2 — Indiana Code / Title 31 / Article 31 / Chapter 2 / Section 31-31-2-2
Costs
Status: in_force

Sec. 2. An adult who is convicted of an offense in the juvenile court is liable for costs under IC 33-37-4-1.

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

As added by P.L.1-1997, SEC.14. Amended by P.L.98-2004, SEC.108.
Ind. Code § 31-9-2.1-30 — Indiana Code / Title 31 / Article 9 / Chapter 2.1 / Section 31-9-2.1-30
"Center"
Status: in_force

Sec. 30. "Center", for purposes of IC 31-31-9, means any secure juvenile detention center that operates in a county containing a consolidated city except for a center operated by the federal government. The term includes a juvenile detention facility.

As added by P.L.145-2026, SEC.161.
Ind. Code § 31-35-2-3 — Indiana Code / Title 31 / Article 35 / Chapter 2 / Section 31-35-2-3
Jurisdiction
Status: in_force

Sec. 3. The probate court has concurrent original jurisdiction with the juvenile court in proceedings on a petition to terminate the parent-child relationship involving a delinquent child or a child in need of services under this chapter.

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

As added by P.L.1-1997, SEC.18.
Ind. Code § 31-26-6-5.5 — Indiana Code / Title 31 / Article 26 / Chapter 6 / Section 31-26-6-5.5
Description of plan implementation
Status: in_force

Sec. 5.5. Each regional services council shall include in the plan a description of how the department will implement the plan in the service region, including the following:

(1) Organization.

(2) Staffing.

(3) Mode of operations.

(4) Financing of the child protection services.

(5) The provisions made for the purchase of services.

(6) Interagency relations.

As added by P.L.104-2015, SEC.18.
Ind. Code § 31-35-5-7 — Indiana Code / Title 31 / Article 35 / Chapter 5 / Section 31-35-5-7
Persons who may question child testifying by closed circuit television or videotape
Status: in_force

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

(1) The prosecuting attorney or the attorney for the department.

(2) The attorneys for the parties.

(3) The judge.

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

As added by P.L.1-1997, SEC.18. Amended by P.L.145-2006, SEC.336.
Ind. Code § 31-33-3-5 — Indiana Code / Title 31 / Article 33 / Chapter 3 / Section 31-33-3-5
Recommendation to the department of child services
Status: in_force

Sec. 5. The community child protection team may recommend to the department that a petition be filed in the juvenile court on behalf of the subject child if the team believes this would best serve the interests of the child.

[Pre-1997 Recodification Citation: 31-6-11-15(g).]

As added by P.L.1-1997, SEC.16. Amended by P.L.234-2005, SEC.104; P.L.162-2011, SEC.43.
Ind. Code § 31-16-17-5 — Indiana Code / Title 31 / Article 16 / Chapter 17 / Section 31-16-17-5
Attorney's fees
Status: in_force

Sec. 5. In an action brought under this chapter in which:

(1) the parent is the plaintiff; and

(2) judgment is entered for the plaintiff;

the plaintiff is also entitled to recover reasonable attorney's fees, which the court trying the action shall enter as a part of the judgment.

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

As added by P.L.1-1997, SEC.8.
Ind. Code § 31-9-2.1-97 — Indiana Code / Title 31 / Article 9 / Chapter 2.1 / Section 31-9-2.1-97
"Fentanyl related substance"
Status: in_force

Sec. 97. "Fentanyl related substance", for purposes of the juvenile law, has the meaning set forth in IC 35-31.5-2-130.5.

As added by P.L.145-2026, SEC.161.
Ind. Code § 31-18.5-7-3 — Indiana Code / Title 31 / Article 18.5 / Chapter 7 / Section 31-18.5-7-3
Relationship of child support bureau to United States central authority
Status: in_force

Sec. 3. The child support bureau of Indiana is recognized as the agency designated by the United States central authority to perform specific functions under the Convention.

As added by P.L.206-2015, SEC.53.
Ind. Code § 31-41-1-2 — Indiana Code / Title 31 / Article 41 / Chapter 1 / Section 31-41-1-2
"Dual status child"
Status: in_force

Sec. 2. "Dual status child" means:

(1) a child who is alleged to be or is presently adjudicated to be a child in need of services under IC 31-34-10 or IC 31-34-11 and is alleged to be or is presently adjudicated to be a delinquent child under IC 31-37-12 or IC 31-37-13;

(2) a child who is presently named in an informal adjustment under IC 31-34-8 and who is adjudicated a delinquent child under IC 31-37-12 or IC 31-37-13;

(3) a child who is presently named in an informal adjustment under IC 31-37-9 and who is adjudicated to be a child in need of services under IC 31-34-10 or IC 31-34-11;

(4) a child who:

(A) has been previously adjudicated to be a child in need of services under IC 31-34-10 or IC 31-34-11; or

(B) was a participant in a program of informal adjustment under IC 31-34-8;

and who was under a wardship that had been terminated or was in a program of informal adjustment that had concluded before the current delinquency petition;

(5) a child who was:

(A) previously adjudicated to be a delinquent child under IC 31-37-12 or IC 31-37-13 that was closed; and

(B) a participant in a program of informal adjustment under IC 31-37-9 which was concluded prior to a child in need of services proceeding; and

(6) a child:

(A) who is eligible for release from commitment of the department of correction;

(B) whose parent, guardian, or custodian:

(i) cannot be located; or

(ii) is unwilling to take custody of the child; and

(C) for whom the department of correction is requesting a modification of the dispositional decree under IC 31-30-2-4.

As added by P.L.66-2015, SEC.17.
Ind. Code § 31-9-2.1-127 — Indiana Code / Title 31 / Article 9 / Chapter 2.1 / Section 31-9-2.1-127
"Income payor"
Status: in_force

Sec. 127. (a) "Income payor", for purposes of IC 31-16-15 and IC 31-16-16, means an employer or other person who owes income to an obligor (as defined in section 170(a) of this chapter).

(b) "Income payor", for purposes of the Uniform Interstate Family Support Act under IC 31-18.5, means an employer or other person who owes income to an obligor (as defined in IC 31-18.5-1-2).

As added by P.L.145-2026, SEC.161.
Ind. Code § 31-39-3-4 — Indiana Code / Title 31 / Article 39 / Chapter 3 / Section 31-39-3-4
Confidentiality and access to law enforcement records
Status: in_force

Sec. 4. (a) All law enforcement records except those described in sections 2 and 3 of this chapter are confidential and are available only in accordance with IC 31-39-4.

(b) Each law enforcement agency shall take appropriate actions to protect the records described in subsection (a) from unauthorized disclosure.

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

As added by P.L.1-1997, SEC.22.
Ind. Code § 31-15-6-12 — Indiana Code / Title 31 / Article 15 / Chapter 6 / Section 31-15-6-12
Funds
Status: in_force

Sec. 12. Money remaining in a county's:

(1) guardian ad litem fund; or

(2) court appointed special advocate fund;

at the end of the county's fiscal year does not revert to any other fund.

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

As added by P.L.1-1997, SEC.7.
Ind. Code § 31-10-1-6 — Indiana Code / Title 31 / Article 10 / Chapter 1 / Section 31-10-1-6
References to provisions of recodification act
Status: in_force

Sec. 6. A citation reference in the recodification act of the 1997 regular session of the general assembly to another provision of the recodification act of the 1997 regular session of the general assembly shall be treated as including a reference to the provision of prior family law and juvenile law that is substantively equivalent to the provision of the recodification act of the 1997 regular session of the general assembly that is referred to by the citation reference.

[1997 Recodification Citation: New.]

As added by P.L.1-1997, SEC.2.
Ind. Code § 31-34-21-7.6 — Indiana Code / Title 31 / Article 34 / Chapter 21 / Section 31-34-21-7.6
Documents provided to individual leaving foster care
Status: in_force

Sec. 7.6. (a) This section applies to an individual who:

(1) is leaving foster care because the individual is eighteen (18) years of age or older; and

(2) has been in foster care for at least six (6) months.

(b) Before an individual described in subsection (a) leaves foster care, the department shall provide to the individual all the following documents that are applicable to the individual:

(1) An official or certified copy of the individual's United States birth certificate.

(2) A Social Security card issued for the individual by the Social Security Administration.

(3) Insurance records.

(4) A copy of the individual's medical records.

(5) A driver's license or identification card issued by the state.

(6) Information concerning the individual's enrollment in the Medicaid program.

(7) A foster care verification form.

As added by P.L.104-2015, SEC.42. Amended by P.L.124-2017, SEC.3; P.L.243-2019, SEC.19.
Ind. Code § 31-19-25.5-5 — Indiana Code / Title 31 / Article 19 / Chapter 25.5 / Section 31-19-25.5-5
Adoptions filed after December 31, 1993; requirements to release information of adoptee and pre-adoptive sibling; search of death certificates; nonrelease form filed by birth parent; provide information of court proceeding to request release of adoption information
Status: in_force

Sec. 5. (a) Except as provided under subsections (c) and (e), the state registrar shall release the name and address of a pre-adoptive sibling to an adoptee who submits a written request under section 2 of this chapter if:

(1) the pre-adoptive sibling of the adoptee has submitted a written request under section 2 of this chapter; and

(2) a birth parent has not filed a:

(A) written nonrelease form (before July 1, 2018); or

(B) contact preference form (after June 30, 2018) with the state registrar under IC 31-19-25 that evidences the birth parent's lack of consent to the release of identifying information.

(b) Except as provided under subsections (c) and (e), the state registrar shall release the name and address of an adoptee to a pre-adoptive sibling of the adoptee who submits a written request under section 2 of this chapter if:

(1) the adoptee has submitted a written request under section 2 of this chapter; and

(2) a birth parent has not filed a:

(A) written nonrelease form (before July 1, 2018); or

(B) contact preference form (after June 30, 2018) with the state registrar under IC 31-19-25 that evidences the birth parent's lack of consent to the release of identifying information.

(c) Except as provided under subsection (f), the state registrar shall release information under this section if:

(1) both the adoptee and pre-adoptive sibling of the adoptee have submitted requests under section 2 of this chapter; and

(2) the adoptee or pre-adoptive sibling who requested information under section 2 of this chapter submits:

(A) a death certificate;

(B) an obituary; or

(C) any other form of evidence approved by the Indiana department of health;

indicating that a birth parent is deceased to the state registrar for each birth parent who is named on the adoptee's original birth certificate.

(d) The state registrar shall search the death certificates and the STEVE system in the state registrar's possession regarding a birth parent if:

(1) an adoptee and a pre-adoptive sibling of the adoptee have submitted written requests to be in contact; and

(2) a birth parent has filed a contact preference form under IC 31-19-25 that evidences the birth parent's lack of consent to the release of identifying information.

(e) Except as provided under subsection (f), if, upon searching the death certificates and the STEVE system under subsection (d), the state registrar finds that a birth parent is deceased, the state registrar shall:

(1) inform the adoptee and pre-adoptive sibling of the death; and

(2) release the information if additional consent is not required by this chapter.

(f) The state registrar may not release information under this section to an adoptee or pre-adoptive sibling if:

(1) additional consent is required under this chapter; or

(2) a:

(A) nonrelease form (before July 1, 2018); or

(B) contact preference form (after June 30, 2018) that evidences the birth parent's lack of consent to the release of identifying information;

submitted by a birth parent specifically states that the nonrelease form or contact preference form shall remain in effect after the birth parent's death.

(g) If the state registrar is prohibited from releasing the name and address of the pre-adoptive sibling under this section, the state registrar shall provide information on requesting the release of adoption information under IC 31-19-24 to the adoptee or pre-adoptive sibling.

As added by P.L.191-2011, SEC.55. Amended by P.L.6-2012, SEC.205; P.L.3-2016, SEC.27; P.L.190-2017, SEC.11; P.L.56-2023, SEC.295.
Ind. Code § 31-18.5-2-1 — Indiana Code / Title 31 / Article 18.5 / Chapter 2 / Section 31-18.5-2-1
Personal jurisdiction over nonresident
Status: in_force

Sec. 1. (a) In a proceeding to establish or enforce a support order or to determine parentage of a child, an Indiana tribunal may exercise personal jurisdiction over a nonresident individual or the individual's guardian or custodian if:

(1) the individual is personally served with a summons, notice, or subpoena within this state;

(2) the individual submits to the jurisdiction of Indiana by consent in a record, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction;

(3) the individual resided with the child in Indiana;

(4) the individual resided in Indiana and provided prenatal expenses or support for the child;

(5) the child resides in Indiana as a result of the acts or directives of the individual;

(6) the individual engaged in sexual intercourse in Indiana and the child may have been conceived by that act of intercourse;

(7) the individual asserted parentage of a child in the putative father registry administered in Indiana by the Indiana department of health; or

(8) there is any other basis consistent with the constitutions of Indiana and the United States for the exercise of personal jurisdiction.

(b) The bases of personal jurisdiction set forth in subsection (a) or in any other Indiana law may not be used to acquire personal jurisdiction for an Indiana tribunal to modify a child support order of another state unless the requirements of IC 31-18.5-6-11 are met, or, in the case of a foreign support order, unless the requirements of IC 31-18.5-6-15 are met.

As added by P.L.206-2015, SEC.53. Amended by P.L.56-2023, SEC.263.
Ind. Code § 31-19-12-5 — Indiana Code / Title 31 / Article 19 / Chapter 12 / Section 31-19-12-5
Transfer of adoption records to state registrar
Status: in_force

Sec. 5. (a) As used in this section, "record" includes the following:

(1) A court document.

(2) A medical record.

(3) A social or medical history.

(4) A photograph.

(5) Correspondence being held for the benefit of:

(A) a birth parent;

(B) a person who was adopted;

(C) an adoptive parent; or

(D) a sibling of the person who was adopted.

(b) A child placing agency, governmental entity, or licensed attorney who arranges or facilitates an adoption may, after entry of the adoption decree, transfer an adoption record to the state registrar for inclusion in the adoption history program administered by the state registrar, or, after giving notice to the state registrar, to a transferee agency that assumes responsibility for the preservation of records maintained as part of the adoption history program.

(c) An attorney who complies with this section does not violate attorney-client privilege.

(d) A record maintained or transferred under this section is confidential.

As added by P.L.130-2005, SEC.7.
Ind. Code § 31-30-4-7 — Indiana Code / Title 31 / Article 30 / Chapter 4 / Section 31-30-4-7
Revocation of suspended criminal sentence; credit for time served
Status: in_force

Sec. 7. If the suspension of a criminal sentence is revoked under this chapter, all time served by an offender in a juvenile facility of the division of youth services of the department of correction shall be credited toward any criminal sentence imposed on the offender under this chapter.

As added by P.L.104-2013, SEC.1.
Ind. Code § 31-15-7-7 — Indiana Code / Title 31 / Article 15 / Chapter 7 / Section 31-15-7-7
Tax consequences of property division
Status: in_force

Sec. 7. The court, in determining what is just and reasonable in dividing property under this chapter, shall consider the tax consequences of the property disposition with respect to the present and future economic circumstances of each party.

[Pre-1997 Recodification Citation: 31-1-11.5-11.1.]

As added by P.L.1-1997, SEC.7.
Ind. Code § 31-34-21-7.5 — Indiana Code / Title 31 / Article 34 / Chapter 21 / Section 31-34-21-7.5-b
Placement prohibited in residence of individual who has committed certain acts or offenses; criminal history check; contents of permanency plans
Status: in_force

Note: This version of section amended by P.L.158-2026, SEC.29. See also preceding version of this section amended by P.L.145-2026, SEC.209.

Sec. 7.5. (a) Except as provided in subsection (d), the juvenile court may not approve a permanency plan under subsection (c)(1)(C), (c)(1)(D), or (c)(1)(E) if a person who is currently residing with a person described in subsection (c)(1)(C) or (c)(1)(D) or in a residence in which the child would be placed under subsection (c)(1)(E) has committed an act resulting in a substantiated report of child abuse or neglect, has a juvenile adjudication for an act that would be a nonwaivable offense, as defined in IC 31-9-2-84.8 if committed by an adult, or has a conviction for a nonwaivable offense, as defined in IC 31-9-2-84.8.

(b) Before requesting juvenile court approval of a permanency plan, the department shall conduct a criminal history check (as defined in IC 31-9-2-22.5) to determine if a person described in subsection (a) has committed an act resulting in a substantiated report of child abuse or neglect, has a juvenile adjudication for an act that would be a nonwaivable offense, as defined in IC 31-9-2-84.8 if committed by an adult, or has a conviction for a nonwaivable offense, as defined in IC 31-9-2-84.8. However, the department is not required to conduct a criminal history check under this section if criminal history information under IC 31-34-4-2, IC 31-34-18-6.1, or IC 31-34-20-1.5 establishes whether a person described in subsection (a) has committed an act resulting in a substantiated report of child abuse or neglect, has a juvenile adjudication for an act that would be a nonwaivable offense, as defined in IC 31-9-2-84.8 if committed by an adult, or has a conviction for a nonwaivable offense, as defined in IC 31-9-2-84.8.

(c) A permanency plan, or plans, if concurrent planning, under this chapter includes the following:

(1) The intended permanent or long term arrangements for care and custody of the child that may include any one (1), or two (2), if concurrent planning, of the following arrangements that the department or the court considers most appropriate and consistent with the best interests of the child:

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

(B) Placement of the child for adoption.

(C) Placement of the child with a responsible person, including:

(i) an adult sibling;

(ii) a grandparent;

(iii) an aunt;

(iv) an uncle;

(v) a custodial parent of a sibling of the child; or

(vi) another relative;

who is able and willing to act as the child's permanent custodian and carry out the responsibilities required by the permanency plan.

(D) Appointment of a legal guardian. The legal guardian appointed under this section is a caretaker in a judicially created relationship between the child and caretaker that is intended to be permanent and self-sustaining as evidenced by the transfer to the caretaker of the following parental rights with respect to the child:

(i) Care, custody, and control of the child.

(ii) Decision making concerning the child's upbringing.

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

(2) A time schedule for implementing the applicable provisions of the permanency plan.

(3) Provisions for temporary or interim arrangements for care and custody of the child, pending completion of implementation of the permanency plan.

(4) Other items required to be included in a case plan under IC 31-34-15 or federal law, consistent with the permanent or long term arrangements described by the permanency plan.

(d) A juvenile court may approve a permanency plan if:

(1) a person described in subsection (a) has:

(A) committed an act resulting in a substantiated report of child abuse or neglect;

(B) been convicted of:

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

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

(iii) criminal confinement (IC 35-42-3-3) as a felony;

(iv) arson (IC 35-43-1-1) as a felony;

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

(vi) operating a motorboat while intoxicated (IC 35-46-9-6) (before its repeal) as a felony;

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

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

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

if the conviction did not occur within the past five (5) years; or

(C) had a juvenile adjudication for a nonwaivable offense, as defined in IC 31-9-2-84.8 that, if committed by an adult, would be a felony; and

(2) the person's commission of the offense, delinquent act, or act of abuse or neglect described in subdivision (1) is not relevant to the person's present ability to care for a child, and that approval of the permanency plan is in the best interest of the child.

However, a court may not approve a permanency plan if the person has been convicted of a nonwaivable offense, as defined in IC 31-9-2-84.8 that is not specifically excluded under subdivision (1)(B), or has a juvenile adjudication for an act that would be a nonwaivable offense, as defined in IC 31-9-2-84.8 if committed by an adult that is not specifically excluded under subdivision (1)(B).

(e) In making its written finding under subsection (d), the court shall consider the following:

(1) The length of time since the person committed the offense, delinquent act, or act that resulted in the substantiated report of abuse or neglect.

(2) The severity of the offense, delinquent act, or abuse or neglect.

(3) Evidence of the person's rehabilitation, including the person's cooperation with a treatment plan, if applicable.

As added by P.L.35-1998, SEC.18. Amended by P.L.70-2004, SEC.23; P.L.234-2005, SEC.184; P.L.145-2006, SEC.324; P.L.146-2008, SEC.608; P.L.128-2012, SEC.169; P.L.158-2013, SEC.324; P.L.104-2015, SEC.41; P.L.65-2016, SEC.16; P.L.183-2017, SEC.52; P.L.243-2019, SEC.18; P.L.142-2020, SEC.45; P.L.156-2020, SEC.119; P.L.158-2026, SEC.29.
Ind. Code § 31-28-6.7-6 — Indiana Code / Title 31 / Article 28 / Chapter 6.7 / Section 31-28-6.7-6
Request for release of foster child's Social Security number; adoption of rules
Status: in_force

Sec. 6. The department may adopt rules under IC 4-22-2 to implement this chapter.

As added by P.L.77-2023, SEC.7.
Ind. Code § 31-9-2.1-257 — Indiana Code / Title 31 / Article 9 / Chapter 2.1 / Section 31-9-2.1-257
"Warrant"
Status: in_force

Sec. 257. (a) "Warrant", for purposes of IC 31-25-3 and IC 31-25-4, means an instrument that is:

(1) the equivalent of a money payment; and

(2) immediately convertible into cash by the payee for the full face amount of the instrument.

(b) "Warrant", for purposes of the Uniform Child Custody Jurisdiction Act under IC 31-21, has the meaning set forth in IC 31-21-2-21.

As added by P.L.145-2026, SEC.161.
Ind. Code § 31-19-11-4 — Indiana Code / Title 31 / Article 19 / Chapter 11 / Section 31-19-11-4
Names
Status: in_force

Sec. 4. If a new name is requested in a petition for adoption, upon the entry of an adoption decree the child shall take the name requested.

[Pre-1997 Recodification Citation: 31-3-1-8(d).]

As added by P.L.1-1997, SEC.11.
Ind. Code § 31-21-2-1 — Indiana Code / Title 31 / Article 21 / Chapter 2 / Section 31-21-2-1
Definitions application
Status: in_force

Sec. 1. The definitions in this chapter apply throughout this article.

As added by P.L.138-2007, SEC.45.