reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 25.5. Requests for Information Concerning Adoptees and Pre-Adoptive Siblings › 31-19-25.5-6. Pre-Adoptive Sibling or Adoptee Less Than 21 Years of Age; Provide Information of Court Proceeding to Request Release of Adoption Information; Release of Name and Address Prohibited

Sec. 6. (a) If:
(1) an adoptee submits a request under section 2 of this chapter; and
(2) the pre-adoptive sibling of the adoptee is less than twenty-one (21) years of age;
the state registrar shall notify the adoptee if the pre-adoptive sibling has been located and provide information on requesting the release of adoption information under IC 31-19-24 to the adoptee. However, the state registrar may not release the name or address of the pre-adoptive sibling to the adoptee.
(b) If:
(1) a pre-adoptive sibling submits a request under section 2 of this chapter; and
(2) the adoptee is less than twenty-one (21) years of age;
the state registrar shall notify the pre-adoptive sibling if the adoptee has been located and provide information on requesting the release of adoption information under IC 31-19-24 to the pre-adoptive sibling. However, the state registrar may not release the name or address of the adoptee to the pre-adoptive sibling.
As added by P.L.191-2011, SEC.55.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 25.5. Requests for Information Concerning Adoptees and Pre-Adoptive Siblings › 31-19-25.5-7. Adoptive Parents Request Information; Request or Consent of Adult Pre-Adoptive Sibling Required; Provide Information of Court Proceeding to Request Release of Adoption Information

Sec. 7. (a) The adoptive parents of an adoptee who is less than twenty-one (21) years of age may submit a written request for information concerning the identity and present location of any pre-adoptive siblings of the adoptee.
(b) The state registrar shall release information concerning the name and present location of an adult pre-adoptive sibling to the adoptive parents if the pre-adoptive sibling submitted a written request under section 2 of this chapter.
(c) If a pre-adoptive sibling has not submitted a request under section 2 of this chapter, the state registrar shall do the following:
(1) Search the sealed adoption records for information concerning the pre-adoptive sibling.
(2) Release information to the adoptive parents only if the pre-adoptive sibling is at least twenty-one (21) years of age and consents to the release of the information.
(d) If a pre-adoptive sibling is less than twenty-one (21) years of age, the state registrar shall provide information on requesting the release of adoption information under IC 31-19-24 to the adoptive parents.
As added by P.L.191-2011, SEC.55.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 25.5. Requests for Information Concerning Adoptees and Pre-Adoptive Siblings › 31-19-25.5-8. Unable to Identify or Locate Pre-Adoptive Sibling or Deceased Cannot Be Identified or Located; Providing Information of Court Proceeding to Request Release of Adoption Information; Release of Information Prohibited

Sec. 8. (a) The state registrar shall notify an adoptee who has submitted a request under section 2 of this chapter if:
(1) the state registrar is unable to identify or locate a pre-adoptive sibling; or
(2) a pre-adoptive sibling is deceased and had not submitted a request under section 2 of this chapter.
The state registrar shall provide information to the adoptee on requesting the release of adoption information under IC 31-19-24. However, the state registrar may not release any information that may identify the pre-adoptive sibling under this section.
(b) The state registrar shall notify a pre-adoptive sibling who has submitted a request under section 2 of this chapter if:
(1) the state registrar is unable to identify or locate an adoptee; or
(2) an adoptee is deceased and had not submitted a request under section 2 of this chapter.
The state registrar shall provide information to the pre-adoptive sibling on requesting the release of adoption information under IC 31-19-24. However, the state registrar may not release any information that may identify the adoptee under this section.
As added by P.L.191-2011, SEC.55.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 25.5. Requests for Information Concerning Adoptees and Pre-Adoptive Siblings › 31-19-25.5-9. Withdrawal of Request or Consent

Sec. 9. A person may withdraw a:
(1) request by the person submitted under section 2 of this chapter; or
(2) consent by the person for the release of information under this chapter;
by submitting to the state registrar a statement signed by the person withdrawing the request or consent.
As added by P.L.191-2011, SEC.55.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 25.5. Requests for Information Concerning Adoptees and Pre-Adoptive Siblings › 31-19-25.5-10. Errors in Execution of Request or Consent

Sec. 10. The state registrar may contact a person who submits a request or consent under this chapter that is incorrectly or incompletely executed to inform the person regarding the error in the execution of the request or consent.
As added by P.L.191-2011, SEC.55.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 25.5. Requests for Information Concerning Adoptees and Pre-Adoptive Siblings › 31-19-25.5-11. Fee for Actual Expenses

Sec. 11. The Indiana department of health may charge a reasonable fee for actual expenses incurred in complying with this chapter.
As added by P.L.191-2011, SEC.55. Amended by P.L.56-2023, SEC.296.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 26. Repealed

[Pre-1997 Recodification Citations:
31-19-26-1formerly 31-3-3-2(a)31-19-26-2formerly 31-3-3-2(b)31-19-26-3formerly 31-3-3-2(c)31-19-26-4formerly 31-3-3-2(d), (e)31-19-26-5formerly 31-3-3-2(f), (g)31-19-26-6formerly 31-3-3-2(h).]
Repealed by P.L.146-2008, SEC.806.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 26.5. Adoption Subsidies › 31-19-26.5-0.2. Application of Certain Amendments to Prior Law

Sec. 0.2. The amendments made to IC 31-3-1-4 and IC 31-3-3-2 (before their repeal) by P.L.98-1990 apply to a petition for adoption that:
(1) seeks the payment of a subsidy; and
(2) is filed after June 30, 1990.
As added by P.L.220-2011, SEC.505.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 26.5. Adoption Subsidies › 31-19-26.5-1. "Adoption Subsidy"

Sec. 1. As used in this chapter, "adoption subsidy" means payments by the department to an adoptive parent of a child with special needs to assist with the cost of care of the child:
(1) after a final decree of adoption of the child has been entered under IC 31-19-11; and
(2) during the time the child is residing with and supported by the adoptive parent or parents.
As added by P.L.146-2008, SEC.562.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 26.5. Adoption Subsidies › 31-19-26.5-2. "Child With Special Needs"

Sec. 2. As used in this chapter, "child with special needs" means a child who:
(1) is a hard to place child; and
(2) meets the requirements of a special needs child, as specified in 42 U.S.C. 673(c) and the rules of the department applicable to those requirements.
As added by P.L.146-2008, SEC.562.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 26.5. Adoption Subsidies › 31-19-26.5-3. Payment of Adoption Subsidies

Sec. 3. (a) Subject to section 4 of this chapter, the department shall make payments of adoption subsidy under this chapter for the benefit of a child with special needs if the department has:
(1) either:
(A) entered into a written agreement under section 10.5 of this chapter with the adoptive parent or parents, before or at the time the court enters a final decree of adoption under IC 31-19-11-1, that specifies the amount, terms, and conditions of the adoption assistance payments; or
(B) received a written final order in an administrative appeal in accordance with section 12(4) of this chapter concluding that the adoptive parents are eligible for a subsidy payable under this chapter and determining the appropriate subsidy amount; and
(2) determined that the child is not eligible for adoption assistance under 42 U.S.C. 673.
(b) This section does not prohibit the department from modifying or terminating an agreement with the adoptive parent or parents under this chapter. However, the department may not terminate an agreement with the adoptive parent or parents due to insufficient funds in the adoption assistance account.
As added by P.L.146-2008, SEC.562. Amended by P.L.165-2021, SEC.184.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 26.5. Adoption Subsidies › 31-19-26.5-4. Priority for Funding if Funds Are Insufficient

Sec. 4. If the department determines that sufficient funds are not or will not be available in the adoption assistance account established under this chapter to make adoption subsidy payments to adoptive parents of all children who may be eligible for a subsidy payable under this chapter, the department may, in accordance with procedures established by rules:
(1) approve new adoption subsidy agreements only for the benefit of children for whom the department has wardship responsibility at the time the adoption petition is filed; or
(2) give priority to funding new adoption subsidy agreements for children for whom the department has had wardship responsibility.
As added by P.L.146-2008, SEC.562.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 26.5. Adoption Subsidies › 31-19-26.5-5. Adoption Subsidy Amount

Sec. 5. (a) Subject to subsection (b), the amount of adoption subsidy payments under this chapter may not exceed the amount that would be payable by the department for the monthly cost of care of the adopted child in a foster family home at the time the adoption subsidy agreement is made or the subsidy is payable under the terms of the agreement, whichever is greater.
(b) In the case of an adoptive parent of a child with special needs that is in the therapeutic foster care or therapeutic plus category of supervision, the amount of adoption subsidy payments under this chapter may not be less than an amount equal to fifty percent (50%) of the per diem rate determined by the department for the:
(1) therapeutic foster care; or
(2) therapeutic plus;
category of supervision, whichever is applicable, that would be payable by the department for the monthly cost of care of the adopted child in a foster family home at the time the adoption subsidy agreement is made or the subsidy is payable under the terms of the agreement, whichever is greater.
As added by P.L.146-2008, SEC.562. Amended by P.L.165-2021, SEC.185.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 26.5. Adoption Subsidies › 31-19-26.5-6. Additional Payments Under Certain Conditions

Sec. 6. (a) In addition to the adoption subsidy payments determined under section 3 of this chapter, the department may make additional payments for medical or psychological care or treatment of the adoptive child if all the following conditions exist:
(1) The child is a child with special needs, based in whole or in part on a physical, a mental, an emotional, or a medical condition that:
(A) existed before the filing of the adoption petition; or
(B) is causally related to specific conditions that existed or events that occurred before the filing of the adoption petition;
as determined by a physician or psychologist licensed in Indiana.
(2) The child's adoptive parent has applied to the department, in the form and manner specified by the department, for assistance in payment of the cost of special services that the child needs to remedy or ameliorate the condition or conditions identified in subdivision (1).
(3) The department determines that:
(A) the services required are not and will not be covered by either:
(i) private health insurance available to the child or adoptive parent; or
(ii) the Medicaid program in Indiana or the state where the child currently resides; and
(B) payment of the cost of the required services without assistance will cause a significant financial burden and hardship to the adoptive family.
(4) Sufficient funds are available in the adoption assistance account to cover the cost of additional assistance provided under this section.
(b) A determination by the department under this section is not subject to administrative review or appeal, unless specifically authorized by rule of the department under section 12(4) of this chapter, but is subject to judicial review as provided in IC 4-21.5-5.
As added by P.L.146-2008, SEC.562.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 26.5. Adoption Subsidies › 31-19-26.5-7. Certain Children Eligible for Medicaid

Sec. 7. An adoptive child who is:
(1) a child with special needs based on a medical, a physical, a mental, or an emotional condition that existed before the filing of the adoption petition; and
(2) the beneficiary of an agreement for adoption subsidy under this chapter;
is eligible for Medicaid.
As added by P.L.146-2008, SEC.562.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 26.5. Adoption Subsidies › 31-19-26.5-8. Submission of Reports; Modification or Discontinuance of Adoption Subsidy Payments

Sec. 8. (a) As a condition for continuation of subsidy payments under the agreement, the department may require the adoptive parents to submit a verified report, annually or at a time or times specified in the agreement or by rule, stating:
(1) the location of the parents;
(2) the location and condition of the child; and
(3) any additional information required by rule of the department or the agreement.
(b) The department may confirm the accuracy and veracity of the report from any reliable sources of information concerning the adoptive family and child, including any governmental or private agency that serves the area in which the child resides.
(c) If the report or information received by the department indicates a substantial change in the conditions that existed when the adoption subsidy agreement was signed, the department may, after notice to the adoptive parent or parents, modify or discontinue the adoption subsidy payments provided in the agreement.
As added by P.L.146-2008, SEC.562.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 26.5. Adoption Subsidies › 31-19-26.5-9. Limits on Term of Adoption Subsidy Agreement

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.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 26.5. Adoption Subsidies › 31-19-26.5-10. Adoption Assistance Account

Sec. 10. An adoption assistance account is established within the state general fund for the purpose of funding adoption subsidy payments under this chapter and the state's share of adoption assistance payments under 42 U.S.C. 673. The account consists of:
(1) amounts specifically appropriated to the department by the general assembly for adoption assistance;
(2) amounts allocated by the department to the adoption assistance account from department funds in accordance with section 10.5 of this chapter; and
(3) any other amounts contributed or paid to the department for adoption assistance under this chapter.
As added by P.L.146-2008, SEC.562. Amended by P.L.165-2021, SEC.186.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 26.5. Adoption Subsidies › 31-19-26.5-10.5. Required Agreement and Allocation of Funds From the Adoption Assistance Account

Sec. 10.5. (a) Subject to section 4 of this chapter, the department shall:
(1) enter into a written agreement described under section 3(a)(1)(A) of this chapter with each adoptive parent of a child with special needs who is eligible for an adoption subsidy under this chapter; and
(2) allocate funds to the adoption assistance account necessary to meet the requirements under section 3 of this chapter.
(b) This section does not require the department to enter into an agreement to:
(1) make additional payments under section 6 of this chapter; or
(2) continue adoption subsidy payments under section 9(b) of this chapter.
As added by P.L.165-2021, SEC.187.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 26.5. Adoption Subsidies › 31-19-26.5-11. Priority for Payments Required by Court Orders

Sec. 11. (a) Subject to sections 3 and 10.5 of this chapter, the department shall give priority to payments required by court orders for county adoption subsidies entered under IC 31-19-26 (before its repeal).
(b) The provisions of this chapter applicable to continuation, modification, or termination of adoption subsidy payments shall apply after January 1, 2009, to county adoption subsidy orders entered under IC 31-19-26 (before its repeal).
As added by P.L.146-2008, SEC.562. Amended by P.L.165-2021, SEC.188.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 26.5. Adoption Subsidies › 31-19-26.5-12. Adoption of Rules

Sec. 12. The department shall adopt rules under IC 4-22-2, as needed, to carry out this chapter. The rules must include at least the following subjects:
(1) The application and determination process for subsidies or other assistance provided under this chapter.
(2) The standards for determination of a child with special needs.
(3) The process for determining the duration, extension, modification, and termination of agreements, as provided in sections 8 and 9 of this chapter.
(4) The procedure for administrative review and appeal of determinations made by the department under this chapter.
(5) Subject to sections 3 and 10.5 of this chapter, the procedure for determining availability of funds for new subsidy agreements and continuation of existing agreements or orders under this chapter and IC 31-19-26 (before its repeal), including any funding limitations or priorities as provided in sections 4 and 11 of this chapter.
As added by P.L.146-2008, SEC.562. Amended by P.L.165-2021, SEC.189.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 26.5. Adoption Subsidies › 31-19-26.5-13. Applicability of Chapter

Sec. 13. This chapter does not affect:
(1) the legal status of an adoptive child;
(2) the rights and responsibilities of the adoptive parents as provided by law; or
(3) the eligibility of an adoptive child or adoptive parents for adoption assistance under Title IV-E of the Social Security Act (42 U.S.C. 673), federal and state regulations applicable to the Title IV-E adoption assistance program, or determination of the amount of any assistance provided by the department through the Title IV-E adoption assistance program.
As added by P.L.146-2008, SEC.562.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 27. Program for Adoption of Hard to Place Children › 31-19-27-1. Program to Place Hard to Place Children

Sec. 1. The department shall carry out a program to place hard to place children in suitable adoptive homes in cases in which restoration to the biological family is not possible or appropriate.
[Pre-1997 Recodification Citation: 31-3-3-3(a).]
As added by P.L.1-1997, SEC.11. Amended by P.L.145-2006, SEC.264.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 27. Program for Adoption of Hard to Place Children › 31-19-27-1.5. Hard to Place Child; Eligibility for Adoption Subsidies

Sec. 1.5. The department shall consider a child who is two (2) years of age or older a hard to place child for determining eligibility for state adoption subsidies.
As added by P.L.42-2009, SEC.3.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 27. Program for Adoption of Hard to Place Children › 31-19-27-2. Delegation of Program

Sec. 2. The department may:
(1) delegate a part of the program to a local office; and
(2) deliver a program service through a contract with another person.
[Pre-1997 Recodification Citation: 31-3-3-3(b).]
As added by P.L.1-1997, SEC.11. Amended by P.L.145-2006, SEC.265; P.L.128-2012, SEC.84.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 27. Program for Adoption of Hard to Place Children › 31-19-27-3. Powers of the Department

Sec. 3. To carry out the program, the department may:
(1) cooperate with adoption efforts with:
(A) other states; and
(B) the administrative unit in the United States Department of Health and Human Services that is established under 42 U.S.C. 5113;
(2) exchange information with the:
(A) federal adoption and foster care data gathering and analysis system; and
(B) national adoption information exchange system;
(3) conduct, directly or by grant to or contract with public or private nonprofit agencies or organizations, an education and training program on adoption, and prepare, publish, and disseminate, directly or by grant to or contract with public or private nonprofit agencies and organizations, to all:
(A) interested parties;
(B) public and private agencies and organizations, including hospitals, health care and family planning clinics, and social services agencies; and
(C) governmental bodies;
information, education, and training materials regarding the children who are available for adoption, adoption, and adoption assistance programs;
(4) provide directly, or by grant to or contract with public or private nonprofit agencies or organizations, including adoptive family groups and minority groups, technical assistance in planning, improving, developing, and carrying out programs and activities relating to adoption; and
(5) encourage involvement of:
(A) corporations; and
(B) small businesses;
in supporting adoption as a positive family strengthening option, including the establishment of adoption benefit programs for employees who adopt children.
[Pre-1997 Recodification Citation: 31-3-3-3(c).]
As added by P.L.1-1997, SEC.11. Amended by P.L.145-2006, SEC.266.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 27. Program for Adoption of Hard to Place Children › 31-19-27-4. Money Not Reverting to State General Fund

Sec. 4. Money appropriated to the program does not revert to the state general fund at the end of the state fiscal year.
As added by P.L.200-1999, SEC.24.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 28. Adoption Decrees in Foreign Jurisdictions › 31-19-28-1. Foreign Decrees; Effect; Name Change

Sec. 1. Whenever a person is adopted outside Indiana, under the laws of the state, territory, or country where the adoption took place:
(1) the adoption decree:
(A) when filed with the clerk of the court of any county in Indiana; and
(B) when entered upon the order book of the court in open session;
has the same force and effect as if the adoption decree were made in accordance with this article;
(2) the adopted person:
(A) has the same rights; and
(B) is capable of taking by inheritance, upon the death of the adoptive parent, property located in Indiana;
as though the person had been adopted according to the laws of Indiana; and
(3) if a name other than a name in the adoption decree is requested, the adopted person shall take the name requested in a petition filed under this section.
[Pre-1997 Recodification Citation: 31-3-1-10(a).]
As added by P.L.1-1997, SEC.11. Amended by P.L.130-2005, SEC.11.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 28. Adoption Decrees in Foreign Jurisdictions › 31-19-28-2. Full Faith and Credit

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.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 28. Adoption Decrees in Foreign Jurisdictions › 31-19-28-3. Consent

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.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 28. Adoption Decrees in Foreign Jurisdictions › 31-19-28-4. Jurisdiction

Sec. 4. The court where an adoption proceeding is pending has jurisdiction over a person if the person's consent to the adoption taken outside Indiana includes a provision that the person giving the consent to adoption submits to the jurisdiction of the Indiana courts.
[Pre-1997 Recodification Citation: 31-3-1-10(d).]
As added by P.L.1-1997, SEC.11.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 29. Interstate Compacts on Adoption Assistance › 31-19-29-1. Legislative Findings; Purposes

Sec. 1. (a) The general assembly finds the following:
(1) Finding adoptive families for children, for whom state assistance is desirable pursuant to 42 U.S.C. 673, and assuring the protection of the interests of the children affected during the entire assistance period, require special measures when the adoptive parents move to other states or are residents of another state.
(2) Provision of medical and other necessary services for children, with state assistance, encounters special difficulties when the provision of services takes place in other states.
(b) The purposes of this chapter are the following:
(1) Authorize the department to enter into interstate agreements with agencies of other states for the protection of children on behalf of whom adoption assistance is being provided by the department.
(2) Provide procedures for interstate children's adoption assistance payments, including medical payments.
[Pre-1997 Recodification Citation: 31-3-5-1.]
As added by P.L.1-1997, SEC.11. Amended by P.L.145-2006, SEC.267.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 29. Interstate Compacts on Adoption Assistance › 31-19-29-2. Authorization of the Department to Enter Compacts; Definitions

Sec. 2. (a) The department is authorized to develop, participate in the development of, negotiate, and enter into one (1) or more interstate compacts on behalf of this state with other states to implement one (1) or more of the purposes set forth in this chapter. When so entered into, and for so long as it shall remain in force, such a compact shall have the force and effect of law.
(b) For the purposes of this chapter, the term "state" shall mean a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, or a territory or possession of or administered by the United States.
(c) For the purposes of this chapter, the term "adoption assistance state" means the state that is signatory to an adoption assistance agreement in a particular case.
(d) For the purposes of this chapter, the term "residence state" means the state of which the child is a resident by virtue of the residence of the adoptive parents.
[Pre-1997 Recodification Citation: 31-3-5-2(a).]
As added by P.L.1-1997, SEC.11. Amended by P.L.145-2006, SEC.268.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 29. Interstate Compacts on Adoption Assistance › 31-19-29-3. Mandatory Provisions

Sec. 3. A compact entered into pursuant to the authority conferred by this chapter shall have the following content:
(1) A provision making it available for joinder by all states.
(2) A provision or provisions for withdrawal from the compact upon written notice to the parties, but with a period of one (1) year between the date of the notice and the effective date of the withdrawal.
(3) A requirement that the protections afforded by or pursuant to the compact continue in force for the duration of the adoption assistance and be applicable to all children and their adoptive parents who on the effective date of the withdrawal are receiving adoption assistance from a party state other than the one in which they are resident and have their principal place of abode.
(4) A requirement that each instance of adoption assistance to which the compact applies be covered by an adoption assistance agreement in writing between the adoptive parents and the state child welfare agency of the state which undertakes to provide the adoption assistance, and further, that any such agreement be expressly for the benefit of the adopted child and enforceable by the adoptive parents, and the state agency providing the adoption assistance.
(5) Such other provisions as may be appropriate to implement the proper administration of the compact.
[Pre-1997 Recodification Citation: 31-3-5-3.]
As added by P.L.1-1997, SEC.11.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 29. Interstate Compacts on Adoption Assistance › 31-19-29-4. Permissive Provisions

Sec. 4. A compact entered into pursuant to the authority conferred by this chapter may contain provisions in addition to those required pursuant to section 3 of this chapter, as follows:
(1) Provisions establishing procedures and entitlements to medical, developmental, child care, or other social services for the child in accordance with applicable laws, even though the child and the adoptive parents are in a state other than the one responsible for or providing the services or the funds to defray part or all of the costs thereof.
(2) Such other provisions as may be appropriate or incidental to the proper administration of the compact.
[Pre-1997 Recodification Citation: 31-3-5-4.]
As added by P.L.1-1997, SEC.11.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 19. Family Law: Adoption › Chapter 29. Interstate Compacts on Adoption Assistance › 31-19-29-6. Federal Aid

Sec. 6. Consistent with federal law, the department in connection with the administration of this chapter and any compact pursuant hereto shall include in any state plan made pursuant to the federal Adoption Assistance and Child Welfare Act of 1980 (P.L.96-272), Title IV-E and Title XIX of the federal Social Security Act, and any other applicable federal laws, the provision of adoption assistance and medical assistance for which the federal government pays some or all of the cost. The department shall apply for and administer all relevant federal aid in accordance with law.
[Pre-1997 Recodification Citation: 31-3-5-6.]
As added by P.L.1-1997, SEC.11. Amended by P.L.145-2006, SEC.270.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 20. Family Law: Human Reproduction › Chapter 1. Surrogate Agreements › 31-20-1-1. Public Policy Declaration

Sec. 1. The general assembly declares that it is against public policy to enforce any term of a surrogate agreement that requires a surrogate to do any of the following:
(1) Provide a gamete to conceive a child.
(2) Become pregnant.
(3) Consent to undergo or undergo an abortion.
(4) Undergo medical or psychological treatment or examination.
(5) Use a substance or engage in activity only in accordance with the demands of another person.
(6) Waive parental rights or duties to a child.
(7) Terminate care, custody, or control of a child.
(8) Consent to a stepparent adoption under IC 31-19 (or IC 31-3-1 before its repeal).
[Pre-1997 Recodification Citation: 31-8-2-1.]
As added by P.L.1-1997, SEC.12.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 20. Family Law: Human Reproduction › Chapter 1. Surrogate Agreements › 31-20-1-2. Void Agreements

Sec. 2. A surrogate agreement described in section 1 of this chapter that is formed after March 14, 1988, is void.
[Pre-1997 Recodification Citation: 31-8-2-2.]
As added by P.L.1-1997, SEC.12.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 20. Family Law: Human Reproduction › Chapter 1. Surrogate Agreements › 31-20-1-3. Best Interests of Child; Basis for Court Decisions

Sec. 3. After March 14, 1988, a court may not base a decision concerning the best interests of a child in any civil action solely on evidence that a surrogate and any other person:
(1) entered into a surrogate agreement; or
(2) acted in accordance with a surrogate agreement;
unless a party proves that the surrogate agreement was entered into through duress, fraud, or misrepresentation.
[Pre-1997 Recodification Citation: 31-8-2-3.]
As added by P.L.1-1997, SEC.12.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 21. Uniform Child Custody Jurisdiction Act › Chapter 1. Applicability › 31-21-1-1. Inapplicability

Sec. 1. This article does not apply to:
(1) an adoption proceeding; or
(2) a proceeding pertaining to the authorization of emergency medical care for a child.
As added by P.L.138-2007, SEC.45.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 21. Uniform Child Custody Jurisdiction Act › Chapter 1. Applicability › 31-21-1-2. Child Custody Determination Made by a Tribe

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.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 21. Uniform Child Custody Jurisdiction Act › Chapter 1. Applicability › 31-21-1-3. Child Custody Determination Made by a Foreign Country

Sec. 3. (a) An Indiana court shall treat a foreign country as if the foreign country were a state of the United States for purposes of applying IC 31-21-3 through IC 31-21-5.
(b) Except as otherwise provided in subsection (c), a child custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standard of this article must be recognized and enforced under IC 31-21-6.
(c) An Indiana court need not apply this article if the child custody law of a foreign country violates the fundamental principles of human rights.
As added by P.L.138-2007, SEC.45.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 21. Uniform Child Custody Jurisdiction Act › Chapter 2. Definitions › 31-21-2-4. "Child Custody Determination"

Sec. 4. (a) "Child custody determination" means a judgment, decree, or other court order providing for:
(1) legal custody;
(2) physical custody; or
(3) visitation;
with respect to a child.
(b) The term does not include an order relating to child support or other monetary obligation of a person.
As added by P.L.138-2007, SEC.45.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 21. Uniform Child Custody Jurisdiction Act › Chapter 2. Definitions › 31-21-2-5. "Child Custody Proceeding"

Sec. 5. (a) "Child custody proceeding" means a proceeding in which legal custody, physical custody, or visitation with respect to a child is an issue. The term includes a proceeding for:
(1) dissolution of marriage or legal separation;
(2) child abuse or neglect;
(3) guardianship;
(4) paternity;
(5) termination of parental rights; and
(6) protection from domestic violence;
in which the issue of child custody or visitation may appear.
(b) The term does not include a proceeding involving juvenile delinquency, contractual emancipation, or enforcement of child custody under IC 31-21-6.
As added by P.L.138-2007, SEC.45.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 21. Uniform Child Custody Jurisdiction Act › Chapter 2. Definitions › 31-21-2-8. "Home State"

Sec. 8. "Home state" means the state in which a child lived with:
(1) a parent; or
(2) a person acting as a parent;
for at least six (6) consecutive months immediately before the commencement of a child custody proceeding. In the case of a child less than six (6) months of age, the term means the state in which the child lived since birth with a parent or person acting as a parent. A period of temporary absence of the parent or person acting as a parent is part of the period.
As added by P.L.138-2007, SEC.45.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 21. Uniform Child Custody Jurisdiction Act › Chapter 2. Definitions › 31-21-2-12. "Modification"

Sec. 12. "Modification" means a child custody determination that changes, replaces, supersedes, or is otherwise made after a previous determination concerning the same child, regardless of whether the determination is made by the court that made the previous determination.
As added by P.L.138-2007, SEC.45.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 21. Uniform Child Custody Jurisdiction Act › Chapter 2. Definitions › 31-21-2-13. "Person"

Sec. 13. "Person" means an individual, a corporation, a business trust, an estate, a trust, a partnership, a limited liability company, an association, a joint venture, a government, a governmental subdivision, an agency or instrumentality, a public corporation, or any other legal or commercial entity.
As added by P.L.138-2007, SEC.45.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 21. Uniform Child Custody Jurisdiction Act › Chapter 2. Definitions › 31-21-2-14. "Person Acting as a Parent"

Sec. 14. "Person acting as a parent" means a person, other than a parent, who:
(1) has physical custody of the child or has had physical custody for a period of at least six (6) consecutive months, including a temporary absence, within one (1) year immediately before the commencement of a child custody proceeding; and
(2) has been awarded legal custody by a court or claims a right to legal custody under Indiana law.
As added by P.L.138-2007, SEC.45.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 21. Uniform Child Custody Jurisdiction Act › Chapter 2. Definitions › 31-21-2-15. "Petitioner"

Sec. 15. "Petitioner" means a person who seeks enforcement of:
(1) an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction; or
(2) a child custody determination.
As added by P.L.138-2007, SEC.45.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 21. Uniform Child Custody Jurisdiction Act › Chapter 2. Definitions › 31-21-2-17. "Record"

Sec. 17. "Record" means information that is:
(1) inscribed on a tangible medium; or
(2) stored in an electronic or other medium;
and that is retrievable in a perceivable form.
As added by P.L.138-2007, SEC.45.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 21. Uniform Child Custody Jurisdiction Act › Chapter 2. Definitions › 31-21-2-18. "Respondent"

Sec. 18. "Respondent" means a person against whom a proceeding has been commenced for enforcement of:
(1) an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction; or
(2) a child custody determination.
As added by P.L.138-2007, SEC.45.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 21. Uniform Child Custody Jurisdiction Act › Chapter 2. Definitions › 31-21-2-19. "State"

Sec. 19. "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or a territory or an insular possession subject to the jurisdiction of the United States.
As added by P.L.138-2007, SEC.45.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 21. Uniform Child Custody Jurisdiction Act › Chapter 2. Definitions › 31-21-2-20. "Tribe"

Sec. 20. "Tribe" means an Indian tribe or band or Alaskan Native village that is:
(1) recognized by federal law; or
(2) formally acknowledged by a state.
As added by P.L.138-2007, SEC.45.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 21. Uniform Child Custody Jurisdiction Act › Chapter 3. Procedural Considerations › 31-21-3-1. Binding Nature of Child Custody Determination

Sec. 1. A child custody determination made by an Indiana court that has jurisdiction under this article binds each person who has:
(1) been served with notice in accordance with Indiana law;
(2) been notified in accordance with section 3 of this chapter; or
(3) submitted to the jurisdiction of the court;
and who has been given an opportunity to be heard. A child custody determination described in this section is conclusive as to the decided issues of law and fact except to the extent the determination is modified.
As added by P.L.138-2007, SEC.45.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 21. Uniform Child Custody Jurisdiction Act › Chapter 3. Procedural Considerations › 31-21-3-2. Question of Existence or Exercise of Jurisdiction Priority

Sec. 2. If a question of existence or exercise of jurisdiction under this article is raised in a child custody proceeding, the question, on a request of a party, must be given priority on the court's calendar and handled expeditiously.
As added by P.L.138-2007, SEC.45.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 21. Uniform Child Custody Jurisdiction Act › Chapter 3. Procedural Considerations › 31-21-3-3. Notice for Exercise of Jurisdiction to a Person Outside Indiana

Sec. 3. (a) Notice required for the exercise of jurisdiction when a person is outside Indiana may be given in a manner prescribed by:
(1) Indiana law for service of process; or
(2) the law of the state in which the service is made.
Notice must be given in a manner reasonably calculated to give actual notice but may be by publication if other means are not effective.
(b) Proof of service may be made in the manner prescribed by:
(1) Indiana law; or
(2) the law of the state in which the service is made.
(c) Notice is not required for the exercise of jurisdiction with respect to a person who submits to the jurisdiction of the court.
As added by P.L.138-2007, SEC.45.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 21. Uniform Child Custody Jurisdiction Act › Chapter 3. Procedural Considerations › 31-21-3-4. Party to a Child Custody Proceeding Not Subject to Other Proceedings in Indiana

Sec. 4. A party to a child custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a child custody determination, is not subject to personal jurisdiction in Indiana for another proceeding or purpose solely by reason of having participated, or of having been physically present for the purpose of participating, in the proceeding.
As added by P.L.138-2007, SEC.45.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 21. Uniform Child Custody Jurisdiction Act › Chapter 3. Procedural Considerations › 31-21-3-5. Persons Subject to Personal Jurisdiction Not Immune to Service of Process

Sec. 5. A person who is subject to personal jurisdiction in Indiana on a basis other than physical presence is not immune from service of process in Indiana. A person present in Indiana who is subject to the jurisdiction of another state is not immune from service of process allowable under the laws of that state.
As added by P.L.138-2007, SEC.45.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 21. Uniform Child Custody Jurisdiction Act › Chapter 3. Procedural Considerations › 31-21-3-6. Limited Immunity

Sec. 6. The immunity granted by section 4 of this chapter does not extend to civil litigation based on acts unrelated to the participation in a proceeding under this article committed by an individual while present in Indiana.
As added by P.L.138-2007, SEC.45.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 21. Uniform Child Custody Jurisdiction Act › Chapter 4. Communication and Cooperation Between Courts › 31-21-4-1. Court Communication With a Court in Another State

Sec. 1. An Indiana court may communicate with a court in another state concerning a proceeding arising under this article.
As added by P.L.138-2007, SEC.45.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 21. Uniform Child Custody Jurisdiction Act › Chapter 4. Communication and Cooperation Between Courts › 31-21-4-2. Party Communication

Sec. 2. The court may allow the parties to participate in the communication. If the parties are not able to participate in the communication, the parties must be given the opportunity to present facts and legal arguments before a decision on jurisdiction is made.
As added by P.L.138-2007, SEC.45.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 21. Uniform Child Custody Jurisdiction Act › Chapter 4. Communication and Cooperation Between Courts › 31-21-4-3. Communication Between Courts

Sec. 3. Communication between courts regarding:
(1) schedules;
(2) calendars;
(3) court records; and
(4) similar matters;
may occur without informing the parties. A record need not be made of the communication.
As added by P.L.138-2007, SEC.45.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 21. Uniform Child Custody Jurisdiction Act › Chapter 4. Communication and Cooperation Between Courts › 31-21-4-4. Record of Communication

Sec. 4. A record must be made of a communication under sections 1 and 2 of this chapter. The parties must be:
(1) promptly informed of the communication; and
(2) granted access to the record.
As added by P.L.138-2007, SEC.45.