reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 40. Juvenile Law: Funding › Chapter 6. Juvenile Behavioral Health Competitive Grant Pilot Program › 31-40-6-4. Local Advisory Council; Application Solicitation Process; Informational and Educational Sessions; Review of Applications

Sec. 4. (a) The local or regional justice reinvestment advisory council (as described in IC 33-38-9.5-4), or another local collaborative body that includes stakeholders across the juvenile justice system, shall:
(1) manage grant solicitation, with support for rural communities as a required funding priority; and
(2) determine how funding and programming could be used more effectively.
(b) The advisory council shall consider efficiency that may be achieved by implementing the program on a regional basis.
(c) The Indiana criminal justice institute shall coordinate with the oversight committee, workgroup, and office to develop a statewide solicitation process for applications for the grants from the fund and shall conduct outreach activities to inform all potential applicants of the grant opportunities available under this chapter.
(d) The Indiana criminal justice institute, in coordination with the commission, oversight committee, workgroup, and office, shall conduct informational and educational sessions for potential and actual applicants, including opportunities for questions and clarification.
(e) Subject to the Indiana criminal justice institute solicitation process developed under subsection (c), the oversight committee, or a subgroup of the oversight committee, shall review applications for grants under this chapter and make recommendations to the board of trustees of the Indiana criminal justice institute regarding funding decisions. The review of applications should be done in consultation with a representative from the department of child services, the department of correction, the division of mental health and addiction, the Indiana criminal justice institute, the office, and experienced practitioners in the mental and behavioral health profession.
As added by P.L.101-2022, SEC.32. Amended by P.L.201-2023, SEC.251.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 40. Juvenile Law: Funding › Chapter 6. Juvenile Behavioral Health Competitive Grant Pilot Program › 31-40-6-4.5. Administration of Grants

Sec. 4.5. The Indiana criminal justice institute shall administer grants for the juvenile behavioral health competitive grant pilot program in consultation with the oversight committee and the workgroup, taking into consideration the grant program report prepared and submitted to the commission by the oversight committee under IC 2-5-36-9.3(b).
As added by P.L.201-2023, SEC.252.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 40. Juvenile Law: Funding › Chapter 6. Juvenile Behavioral Health Competitive Grant Pilot Program › 31-40-6-5. Competitive Grant Pilot Program Fund; Purpose of Fund

Sec. 5. (a) The juvenile behavioral health competitive grant pilot program fund is established to provide grants under this chapter. The fund shall be administered by the Indiana criminal justice institute (as described in IC 5-2-6).
(b) The fund consists of:
(1) money appropriated to the fund by the general assembly;
(2) money received from state or federal grants or programs that concern alternative detention and recidivism reduction for juveniles; and
(3) donations, gifts, and money received from any other source, including transfers from other funds or accounts.
(c) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public funds may be invested.
(d) Money in the fund at the end of a state fiscal year does not revert to the state general fund but remains in the fund to be used exclusively for purposes of this chapter.
(e) Money in the fund is continuously appropriated for the purposes of this chapter.
As added by P.L.101-2022, SEC.32.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 41. Dual Status › Chapter 1. Definitions › 31-41-1-2. "Dual Status Child"

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.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 41. Dual Status › Chapter 1. Definitions › 31-41-1-3. "Dual Status Screening Tool"

Sec. 3. "Dual status screening tool" means a factual review of a child's status and history conducted by the case manager under IC 31-34 or the probation officer under IC 31-37 to determine whether a child meets the criteria for being a dual status child as defined by section 2 of this chapter.
As added by P.L.66-2015, SEC.17.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 41. Dual Status › Chapter 1. Definitions › 31-41-1-4. "Dual Status Assessment"

Sec. 4. "Dual status assessment" means a review by a dual status assessment team to assess a dual status child's:
(1) status;
(2) best interests;
(3) need for services; and
(4) level of needs, strengths, and risks of the child.
As added by P.L.66-2015, SEC.17. Amended by P.L.187-2015, SEC.35.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 41. Dual Status › Chapter 1. Definitions › 31-41-1-5. "Dual Status Assessment Team"

Sec. 5. "Dual status assessment team" means a committee assembled and convened by a juvenile court to recommend the proper legal course for a dual status child.
As added by P.L.66-2015, SEC.17.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 41. Dual Status › Chapter 2. Dual Status Assessment Team › 31-41-2-1. Juvenile Court Dual Status Child Determination

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.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 41. Dual Status › Chapter 2. Dual Status Assessment Team › 31-41-2-2. Dual Status Assessment Team

Sec. 2. (a) The dual status assessment team shall include:
(1) if the child has a department of child services case manager, the case manager;
(2) if the child does not have a department of child services case manager, a representative of the department of child services appointed by the local department of child services director;
(3) if the child has a probation officer, that probation officer;
(4) if the child does not have a probation officer, a probation officer appointed by the court; and
(5) a meeting facilitator, who may be a member of the dual status assessment team described in subdivisions (1) through (4) or may be a person appointed by the juvenile court.
(b) The dual status assessment team may include:
(1) the child if the juvenile court deems the child is age appropriate;
(2) the child's public defender or attorney;
(3) the child's parent, guardian, or custodian;
(4) the child's parent's attorney;
(5) a prosecuting attorney;
(6) the attorney for the department;
(7) a court appointed special advocate or a guardian at litem;
(8) a representative from the department of correction;
(9) a school representative;
(10) an educator;
(11) a therapist;
(12) the child's foster parent; and
(13) a service provider appointed by the team or the juvenile court.
As added by P.L.66-2015, SEC.17.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 41. Dual Status › Chapter 2. Dual Status Assessment Team › 31-41-2-3. Dual Status Team Meetings; Considerations

Sec. 3. (a) The dual status assessment team shall meet within ten (10) days of the date ordered by the juvenile court.
(b) The dual status assessment team shall be convened by the facilitator described in section 2(a)(5) of this chapter.
(c) The dual status assessment team shall consider:
(1) any allegations of abuse or neglect suffered by the child; and
(2) any allegation that the child is a delinquent child under IC 31-37-1-1 or IC 31-37-2-1.
As added by P.L.66-2015, SEC.17. Amended by P.L.149-2016, SEC.83.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 41. Dual Status › Chapter 2. Dual Status Assessment Team › 31-41-2-4. Statements Communicated in a Dual Status Assessment Team Meeting

Sec. 4. All statements communicated in a dual status assessment team meeting are:
(1) not admissible as evidence against the child in any judicial proceeding; and
(2) not discoverable in any litigation.
As added by P.L.66-2015, SEC.17.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 41. Dual Status › Chapter 2. Dual Status Assessment Team › 31-41-2-5. Dual Status Team Considerations

Sec. 5. The dual status assessment team shall consider the child's best interests and well-being, including:
(1) the child's mental health, including any diagnosis;
(2) the child's school records, including attendance and achievement level;
(3) the child's statements;
(4) the statements of the child's parent, guardian, or custodian;
(5) the impact of the child's behavior on any victim;
(6) the safety of the community;
(7) the child's needs, strengths, and risks;
(8) the need for a parent participation plan;
(9) the efficacy and availability of services and community providers;
(10) whether appropriate supervision of the child can be achieved by the dismissal of a delinquency adjudication in deference to a child in need of services adjudication;
(11) whether appropriate supervision of the child can be achieved by combining a delinquency adjudication or informal adjustment with a child in need of services petition;
(12) the child's placement needs;
(13) restorative justice practices that may be appropriate;
(14) whether a child in need of services petition or informal adjustment should be filed or dismissed;
(15) whether a delinquency petition or informal adjustment should be filed or dismissed;
(16) the availability of coordinated services regardless of whether the child is adjudicated to be a child in need of services or a delinquent child;
(17) whether the team recommends the exercise of dual adjudication and the lead agency to provide supervision of the child; and
(18) any other information considered appropriate by the team.
As added by P.L.66-2015, SEC.17. Amended by P.L.149-2016, SEC.84.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 41. Dual Status › Chapter 2. Dual Status Assessment Team › 31-41-2-6. Dual Status Team Reports; Recommendations

Sec. 6. After a dual status assessment team has met to assess a child, the team shall:
(1) designate a member to prepare the written report for the juvenile court; and
(2) provide recommendations, including:
(A) whether the court should proceed with an additional initial hearing regarding the petition alleging the child is in need of services and dismiss a pending delinquency petition or informal adjustment at the conclusion of a child in need of services adjudication;
(B) whether the court should proceed with an additional initial hearing regarding a petition alleging that the child is a delinquent child under IC 31-37-1 and dismiss a pending child in need of services petition or informal adjustment upon conclusion of the delinquency adjudication;
(C) whether the court should proceed with an additional initial hearing and adjudication or informal adjustment concerning a child in need of services petition and a delinquency petition under IC 31-37-1;
(D) what agency should be the lead agency in a child's supervision; and
(E) any other matters relevant to the child's best interests, including any services to be included in a dispositional decree.
If the probation department of the juvenile court is designated as the lead agency under IC 31-41-3, any recommendations made by the dual status assessment team under subdivision (2) must be consistent with the funding provisions of IC 31-37.
As added by P.L.66-2015, SEC.17. Amended by P.L.187-2015, SEC.35.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 41. Dual Status › Chapter 3. Determination of Lead Agency › 31-41-3-1. Determination of Lead Agency

Sec. 1. (a) If a child has been adjudicated to be a:
(1) child in need of services under IC 31-34; and
(2) delinquent child under IC 31-37;
unless the court adopts a contrary recommendation by a dual status assessment team, the court making the later adjudication may determine if the department of child services or the probation department of the juvenile court shall be the lead agency that will supervise the dual status child.
(b) In making a determination under subsection (a), the court shall consider:
(1) the child's social and family situation;
(2) the child's experiences with the department of child services;
(3) the child's prior adjudications of delinquency;
(4) the recommendations of the dual status assessment team; and
(5) the needs, strengths, and risks of the child.
(c) The court may require the department of child services and the probation department of the juvenile court to work together in the supervision of a dual status child and for the purposes of filing a modification under IC 31-34-23 or IC 31-37-22. If the probation department of the juvenile court is designated as the lead agency under this chapter, any recommendations made by the probation department under this subsection must be consistent with the funding provisions of IC 31-37.
(d) A court may order any service for a dual status child under this chapter that is available:
(1) to a child in need of services under IC 31-34; or
(2) to a delinquent child under IC 31-37.
As added by P.L.66-2015, SEC.17. Amended by P.L.187-2015, SEC.35.
2023 Indiana Code › Title 32. Property › Article 11. Repealed

[Pre-Local Government Recodification Citations:
32-11-1.5-1New32-11-1.5-2formerly 18-1-7-232-11-1.5-3formerly 18-1-7-132-11-1.5-4formerly 18-1-7-332-11-1.5-5formerly 18-1-7-432-11-1.5-6formerly 18-1-7-532-11-1.5-7formerly 18-1-7-632-11-1.5-8formerly 18-1-7-732-11-1.5-9formerly 18-1-7-832-11-1.5-10formerly 18-1-7-932-11-1.5-11formerly 18-1-7-1032-11-1.5-12formerly 18-1-7-1132-11-1.5-13formerly 19-4-15-1.]
Repealed by P.L.2-2002, SEC.128.
2023 Indiana Code › Title 32. Property › Article 15. Repealed

[Pre-1998 Recodification Citations:
32-15-1-1formerly 34-4-20-132-15-1-2formerly 34-4-20-232-15-1-3formerly 34-4-20-332-15-1-4formerly 34-4-20-432-15-2-1formerly 34-1-48-132-15-2-2formerly 34-1-48-232-15-2-3formerly 34-1-48-332-15-2-4formerly 34-1-48-432-15-2-5formerly 34-1-48-532-15-2-6formerly 34-1-48-632-15-2-7formerly 34-1-48-732-15-2-8formerly 34-1-48-832-15-2-9formerly 34-1-48-932-15-2-10formerly 34-1-48-1032-15-2-11formerly 34-1-48-1132-15-2-12formerly 34-1-48-1232-15-2-13formerly 34-1-48-1332-15-2-14formerly 34-1-48-1432-15-2-15formerly 34-1-48-1532-15-2-16formerly 34-1-48-1632-15-2-17formerly 34-1-48-1732-15-2-18formerly 34-1-48-1832-15-2-19formerly 34-1-48-1932-15-2-20formerly 34-1-48-2032-15-2-21formerly 34-1-48-2132-15-2-22formerly 34-1-48-2232-15-2-23formerly 34-1-48-2332-15-3-1formerly 34-1-49-132-15-3-2formerly 34-1-49-232-15-3-3formerly 34-1-49-332-15-3-4formerly 34-1-49-432-15-3-5formerly 34-1-49-532-15-3-6formerly 34-1-49-632-15-3-7formerly 34-1-49-732-15-3-8formerly 34-1-49-832-15-3-9formerly 34-1-49-932-15-3-10formerly 34-1-49-1032-15-3-11formerly 34-1-49-1132-15-3-12formerly 34-1-49-1232-15-4-1formerly 34-1-50-132-15-4-2formerly 34-1-50-232-15-5-1formerly 34-1-51-132-15-6-1formerly 34-1-53-132-15-6-2formerly 34-1-53-232-15-6-3formerly 34-1-53-332-15-6-4formerly 34-1-53-432-15-6-5formerly 34-1-53-532-15-6-6formerly 34-1-53-632-15-6-6.5formerly 34-1-53-6.532-15-6-7formerly 34-1-53-732-15-6-8formerly 34-1-53-832-15-6-9formerly 34-1-53-932-15-6-10formerly 34-1-53-1032-15-6-11formerly 34-1-53-1132-15-6-12formerly 34-1-53-1232-15-7-1formerly 34-4-20.5-132-15-7-2formerly 34-4-20.5-232-15-7-3formerly 34-4-20.5-332-15-7-4formerly 34-4-20.5-432-15-7-5formerly 34-4-20.5-532-15-7-6formerly 34-4-20.5-632-15-7-7formerly 34-4-20.5-732-15-7-8formerly 34-4-20.5-832-15-7-9formerly 34-4-20.5-932-15-7-10formerly 34-4-20.5-10; 34-4-20.5-11; 34-1-27-232-15-8-2formerly 34-1-27-332-15-9-1formerly 34-1-67-432-15-10-1formerly 34-4-24-1.]
Repealed by P.L.2-2002, SEC.128.
2023 Indiana Code › Title 32. Property › Article 16. Effect of Recodification of Title 32 › Chapter 1. Effect of Recodification by the Act of the 2002 Regular Session of the General Assembly › 32-16-1-1. "Prior Property Law"

Sec.1. As used in this chapter, "prior property law" refers to the statutes that are repealed or amended in the recodification act of the 2002 regular session of the general assembly as the statutes existed before the effective date of the applicable or corresponding provision of the recodification act of the 2002 regular session of the general assembly.
[2002 Recodification Citation: New.]
As added by P.L.2-2002, SEC.1.
2023 Indiana Code › Title 32. Property › Article 16. Effect of Recodification of Title 32 › Chapter 1. Effect of Recodification by the Act of the 2002 Regular Session of the General Assembly › 32-16-1-2. Purpose of Recodification

Sec. 2. The purpose of the recodification act of the 2002 regular session of the general assembly is to recodify prior property law in a style that is clear, concise, and easy to interpret and apply. Except to the extent that:
(1) the recodification act of the 2002 regular session of the general assembly is amended to reflect the changes made in a provision of another bill that adds to, amends, or repeals a provision in the recodification act of the 2002 regular session of the general assembly; or
(2) the minutes of meetings of the code revision commission during 2001 expressly indicate a different purpose;
the substantive operation and effect of the prior property law continue uninterrupted as if the recodification act of the 2002 regular session of the general assembly had not been enacted.
[2002 Recodification Citation: New.]
As added by P.L.2-2002, SEC.1.
2023 Indiana Code › Title 32. Property › Article 16. Effect of Recodification of Title 32 › Chapter 1. Effect of Recodification by the Act of the 2002 Regular Session of the General Assembly › 32-16-1-3. Statutory Construction of Recodification

Sec. 3. Subject to section 2 of this chapter, sections 4 through 9 of this chapter shall be applied to the statutory construction of the recodification act of the 2002 regular session of the general assembly.
[2002 Recodification Citation: New.]
As added by P.L.2-2002, SEC.1.
2023 Indiana Code › Title 32. Property › Article 16. Effect of Recodification of Title 32 › Chapter 1. Effect of Recodification by the Act of the 2002 Regular Session of the General Assembly › 32-16-1-4. Effect of Recodification

Sec. 4. (a) The recodification act of the 2002 regular session of the general assembly does not affect:
(1) any rights or liabilities accrued;
(2) any penalties incurred;
(3) any violations committed;
(4) any proceedings begun;
(5) any bonds, notes, loans, or other forms of indebtedness issued, incurred, or made;
(6) any tax levies made or authorized;
(7) any funds established;
(8) any patents issued;
(9) the validity, continuation, or termination of any contracts, easements, or leases executed;
(10) the validity, continuation, scope, termination, suspension, or revocation of:
(A) permits;
(B) licenses;
(C) certificates of registration;
(D) grants of authority; or
(E) limitations of authority; or
(11) the validity of court decisions entered regarding the constitutionality of any provision of the prior property law;
before the effective date of the recodification act of the 2002 regular session of the general assembly (July 1, 2002). Those rights, liabilities, penalties, offenses, proceedings, bonds, notes, loans, other forms of indebtedness, tax levies, funds, patents, contracts, leases, permits, licenses, certificates of registration, grants of authority, or limitations of authority continue and shall be imposed and enforced under prior property law as if the recodification act of the 2002 regular session of the general assembly had not been enacted.
(b) The recodification act of the 2002 regular session of the general assembly does not:
(1) extend, or cause to expire, a permit, license, certificate of registration, or other grant or limitation of authority; or
(2) in any way affect the validity, scope, or status of a license, permit, certificate of registration, or other grant or limitation of authority;
issued under the prior property law.
(c) The recodification act of the 2002 regular session of the general assembly does not affect the revocation, limitation, or suspension of a permit, license, certificate of registration, or other grant or limitation of authority based in whole or in part on violations of the prior property law or the rules adopted under the prior property law.
[2002 Recodification Citation: New.]
As added by P.L.2-2002, SEC.1.
2023 Indiana Code › Title 32. Property › Article 16. Effect of Recodification of Title 32 › Chapter 1. Effect of Recodification by the Act of the 2002 Regular Session of the General Assembly › 32-16-1-5. Recodification of Prior Property Law

Sec. 5. The recodification act of the 2002 regular session of the general assembly shall be construed as a recodification of prior property law. Except as provided in section 2(1) and 2(2) of this chapter, if the literal meaning of the recodification act of the 2002 regular session of the general assembly (including a literal application of an erroneous change to an internal reference) would result in a substantive change in the prior property law, the difference shall be construed as a typographical, spelling, or other clerical error that must be corrected by:
(1) inserting, deleting, or substituting words, punctuation, or other matters of style in the recodification act of the 2002 regular session of the general assembly; or
(2) using any other rule of statutory construction;
as necessary or appropriate to apply the recodification act of the 2002 regular session of the general assembly in a manner that does not result in a substantive change in the law. The principle of statutory construction that a court must apply the literal meaning of an act if the literal meaning of the act is unambiguous does not apply to the recodification act of the 2002 regular session of the general assembly to the extent that the recodification act of the 2002 regular session of the general assembly is not substantively identical to the prior property law.
[2002 Recodification Citation: New.]
As added by P.L.2-2002, SEC.1.
2023 Indiana Code › Title 32. Property › Article 16. Effect of Recodification of Title 32 › Chapter 1. Effect of Recodification by the Act of the 2002 Regular Session of the General Assembly › 32-16-1-6. References to Repealed Statutes

Sec. 6. Subject to section 9 of this chapter, a reference in a statute or rule to a statute that is repealed and replaced in the same or a different form in the recodification act of the 2002 regular session of the general assembly shall be treated after the effective date of the new provision as a reference to the new provision.
[2002 Recodification Citation: New.]
As added by P.L.2-2002, SEC.1.
2023 Indiana Code › Title 32. Property › Article 16. Effect of Recodification of Title 32 › Chapter 1. Effect of Recodification by the Act of the 2002 Regular Session of the General Assembly › 32-16-1-7. References to Citations

Sec. 7. A citation reference in the recodification act of the 2002 regular session of the general assembly to another provision of the recodification act of the 2002 regular session of the general assembly shall be treated as including a reference to the provision of prior property law that is substantively equivalent to the provision of the recodification act of the 2002 regular session of the general assembly that is referred to by the citation reference.
[2002 Recodification Citation: New.]
As added by P.L.2-2002, SEC.1.
2023 Indiana Code › Title 32. Property › Article 16. Effect of Recodification of Title 32 › Chapter 1. Effect of Recodification by the Act of the 2002 Regular Session of the General Assembly › 32-16-1-8. References to Prior Rules

Sec. 8. (a) As used in the recodification act of the 2002 regular session of the general assembly, a reference to rules adopted under any provision of this title or under any other provision of the recodification act of the 2002 regular session of the general assembly refers to either:
(1) rules adopted under the recodification act of the 2002 regular session of the general assembly; or
(2) rules adopted under the prior property law until those rules have been amended, repealed, or superseded.
(b) Rules adopted under the prior property law continue in effect after June 30, 2002, until the rules are amended, repealed, or suspended.
[2002 Recodification Citation: New.]
As added by P.L.2-2002, SEC.1.
2023 Indiana Code › Title 32. Property › Article 16. Effect of Recodification of Title 32 › Chapter 1. Effect of Recodification by the Act of the 2002 Regular Session of the General Assembly › 32-16-1-9. References to Prior Property Law

Sec. 9. (a) A reference in the recodification act of the 2002 regular session of the general assembly to a citation in the prior property law before its repeal is added in certain sections of the recodification act of the 2002 regular session of the general assembly only as an aid to the reader.
(b) The inclusion or omission in the recodification act of the 2002 regular session of the general assembly of a reference to a citation in the prior property law before its repeal does not affect:
(1) any rights or liabilities accrued;
(2) any penalties incurred;
(3) any violations committed;
(4) any proceedings begun;
(5) any bonds, notes, loans, or other forms of indebtedness issued, incurred, or made;
(6) any tax levies made;
(7) any funds established;
(8) any patents issued;
(9) the validity, continuation, or termination of contracts, easements, or leases executed;
(10) the validity, continuation, scope, termination, suspension, or revocation of:
(A) permits;
(B) licenses;
(C) certificates of registration;
(D) grants of authority; or
(E) limitations of authority; or
(11) the validity of court decisions entered regarding the constitutionality of any provision of the prior property law;
before the effective date of the recodification act of the 2002 regular session of the general assembly (July 1, 2002). Those rights, liabilities, penalties, offenses, proceedings, bonds, notes, loans, other forms of indebtedness, tax levies, funds, patents, contracts, leases, licenses, permits, certificates of registration, and other grants of authority continue and shall be imposed and enforced under prior property law as if the recodification act of the 2002 regular session of the general assembly had not been enacted.
(c) The inclusion or omission in the recodification act of the 2002 regular session of the general assembly of a citation to a provision in the prior property law does not affect the use of a prior conviction, violation, or noncompliance under the prior property law as the basis for revocation of a license, permit, certificate of registration, or other grant of authority under the recodification act of the 2002 regular session of the general assembly, as necessary or appropriate to apply the recodification act of the 2002 regular session of the general assembly in a manner that does not result in a substantive change in the law.
[2002 Recodification Citation: New.]
As added by P.L.2-2002, SEC.1.
2023 Indiana Code › Title 32. Property › Article 17. Interests in Property › Chapter 1. Fee Simple Interest › 32-17-1-1. "Grantor"

Sec. 1. As used in this chapter, "grantor" means every person by whom an estate or interest in land is:
(1) created;
(2) granted;
(3) bargained;
(4) sold;
(5) conveyed;
(6) transferred; or
(7) assigned.
[Pre-2002 Recodification Citation: 32-1-2-30.]
As added by P.L.2-2002, SEC.2.
2023 Indiana Code › Title 32. Property › Article 17. Interests in Property › Chapter 1. Fee Simple Interest › 32-17-1-2. Fee Simple Conveyance

Sec. 2. (a) A conveyance of land that is:
(1) worded in substance as "A.B. conveys and warrants to C.D." (insert a description of the premises) "for the sum of" (insert the consideration); and
(2) dated and signed, sealed, and acknowledged by the grantor;
is a conveyance in fee simple to the grantee and the grantee's heirs and assigns with a covenant as described in subsection (b).
(b) A conveyance in fee simple under subsection (a) includes a covenant from the grantor for the grantor and the grantor's heirs and personal representatives that the grantor:
(1) is lawfully seized of the premises;
(2) has good right to convey the premises;
(3) guarantees the quiet possession of the premises;
(4) guarantees that the premises are free from all encumbrances; and
(5) will warrant and defend the title to the premises against all lawful claims.
(c) If a transfer on death deed under IC 32-17-14 has been recorded before the death of the owner with the recorder of deeds in the county in which the real property is situated, a subsequent conveyance of the real property is void if it is not recorded before the death of the owner with the recorder of deeds in the county in which the real property is situated.
[Pre-2002 Recodification Citation: 32-1-2-12.]
As added by P.L.2-2002, SEC.2. Amended by P.L.231-2019, SEC.40.
2023 Indiana Code › Title 32. Property › Article 17. Interests in Property › Chapter 1. Fee Simple Interest › 32-17-1-3. Estates Tail; Abolition

Sec. 3. (a) Estates tail are abolished.
(b) An estate that under common law is a fee tail:
(1) is considered a fee simple; and
(2) if the estate is not limited by a valid remainder, is considered a fee simple absolute.
[Pre-2002 Recodification Citation: 32-1-2-33.]
As added by P.L.2-2002, SEC.2.
2023 Indiana Code › Title 32. Property › Article 17. Interests in Property › Chapter 1. Fee Simple Interest › 32-17-1-4. Lineal and Collateral Warranties; Abolition

Sec. 4. Lineal and collateral warranties with all their incidents are abolished. However, the heirs and devisees of a person who has made a covenant or agreement is answerable upon that covenant or agreement:
(1) to the extent of property descended or devised to the heirs and devisees; and
(2) in the manner prescribed by law.
[Pre-2002 Recodification Citation: 32-1-2-10.]
As added by P.L.2-2002, SEC.2.
2023 Indiana Code › Title 32. Property › Article 17. Interests in Property › Chapter 2. Estate › 32-17-2-1. Application; Two or More Persons; Conveyances and Devises

Sec. 1. (a) This section does not apply to:
(1) mortgages;
(2) conveyances in trust; or
(3) conveyances made to husband and wife.
(b) Every estate vested in executors or trustees as executors shall be held by them in joint tenancy.
(c) Except as provided in subsection (b), a conveyance or devise of land or of any interest in land made to two (2) or more persons creates an estate in common and not in joint tenancy unless:
(1) it is expressed in the conveyance or devise that the grantees or devisees hold the land or interest in land in joint tenancy and to the survivor of them; or
(2) the intent to create an estate in joint tenancy manifestly appears from the tenor of the instrument.
[Pre-2002 Recodification Citations: 32-1-2-7; 32-1-2-8.]
As added by P.L.2-2002, SEC.2.
2023 Indiana Code › Title 32. Property › Article 17. Interests in Property › Chapter 2. Estate › 32-17-2-2. Deed of Release or Quitclaim

Sec. 2. A deed of release or quitclaim passes all the estate that the grantor (as defined in IC 32-17-1-1) may convey by a deed of bargain and sale.
[Pre-2002 Recodification Citation: 32-1-2-9.]
As added by P.L.2-2002, SEC.2.
2023 Indiana Code › Title 32. Property › Article 17. Interests in Property › Chapter 2. Estate › 32-17-2-3. Future Estates; Life Estates; Remainders

Sec. 3. (a) A freehold estate and a chattel real may be created to begin at a future day.
(b) An estate for life:
(1) may be created in a term of years with or without the intervention of a precedent estate; and
(2) a remainder may be limited on the estate for life.
(c) A remainder of a freehold or a chattel real, either contingent or vested, may be created, expectant on the termination of a term of years.
[Pre-2002 Recodification Citation: 32-1-2-34.]
As added by P.L.2-2002, SEC.2.
2023 Indiana Code › Title 32. Property › Article 17. Interests in Property › Chapter 2. Estate › 32-17-2-4. Contingent Remainder

Sec. 4. A remainder may be limited on a contingency. If the contingency occurs, the contingency abridges or determines the precedent estate.
[Pre-2002 Recodification Citation: 32-1-2-35.]
As added by P.L.2-2002, SEC.2.
2023 Indiana Code › Title 32. Property › Article 17. Interests in Property › Chapter 2. Estate › 32-17-2-5. Conveyance by Tenant for Life or Years

Sec. 5. A conveyance made by a tenant for life or years that purports to grant or convey a greater estate than the tenant possesses or can lawfully convey:
(1) does not result in a forfeiture of the tenants's estate; and
(2) passes to the grantee or alienee all the estate that the tenant may lawfully convey.
[Pre-2002 Recodification Citation: 32-1-2-36.]
As added by P.L.2-2002, SEC.2.
2023 Indiana Code › Title 32. Property › Article 17. Interests in Property › Chapter 3. Tenancy › 32-17-3-1. Husband and Wife Purchase or Lease of Real Estate; Rights of Survivor

Sec. 1. (a) This section applies to a written contract in which a husband and wife:
(1) purchase real estate; or
(2) lease real estate with an option to purchase.
(b) Except as provided in subsection (d), a contract described in subsection (a) creates an estate by the entireties in the husband and wife. The interest of neither party is severable during the marriage.
(c) Upon the death of either party to the marriage, the survivor is considered to have owned the whole of all rights under the contract from its inception.
(d) If:
(1) a contract described in subsection (a) expressly creates a tenancy in common; or
(2) it appears from the tenor of a contract described in subsection (a) that the contract was intended to create a tenancy in common;
the contract shall be construed to create a tenancy in common.
[Pre-2002 Recodification Citation: 32-4-2-1.]
As added by P.L.2-2002, SEC.2.
2023 Indiana Code › Title 32. Property › Article 17. Interests in Property › Chapter 3. Tenancy › 32-17-3-2. Divorce

Sec. 2. If a husband and wife are divorced while a contract described in section 1(a) of this chapter is in effect, the husband and wife own the interest in the contract and the equity created by the contract in equal shares.
[Pre-2002 Recodification Citation: 32-4-2-2.]
As added by P.L.2-2002, SEC.2.
2023 Indiana Code › Title 32. Property › Article 17. Interests in Property › Chapter 3. Tenancy › 32-17-3-3. Title Bond or Contract for Sale of Land; Survivorship

Sec. 3. If:
(1) a husband and wife execute a title bond or contract for the conveyance of real estate owned by them as tenants by the entireties; and
(2) one (1) of the spouses dies:
(A) during the continuance of the marriage; and
(B) before the whole of the agreed purchase price has been paid;
the interest of the deceased spouse in the unpaid part of the purchase price passes to the surviving spouse in the same right as the surviving spouse's rights of survivorship in real estate held as tenants by the entireties.
[Pre-2002 Recodification Citation: 32-4-3-1.]
As added by P.L.2-2002, SEC.2.
2023 Indiana Code › Title 32. Property › Article 17. Interests in Property › Chapter 3. Tenancy › 32-17-3-4. Husband and Wife; Joint Deed of Conveyance

Sec. 4. (a) A joint deed of conveyance by a husband and wife is sufficient to convey and pass any interest described in the deed of either or both of them in land held by them as:
(1) tenants in common;
(2) joint tenants; or
(3) tenants by the entireties.
(b) An executed and recorded power of attorney by one (1) spouse to the other spouse authorizing the conveyance by the attorney in fact of any interest owned:
(1) individually by the grantor (as defined in IC 32-17-1-1) of the power of attorney; or
(2) with the grantor's spouse;
enables the attorney in fact through the exercise of the power of attorney to effectively convey the interest in land by individually making a deed of conveyance.
[Pre-2002 Recodification Citation: 32-1-2-6.]
As added by P.L.2-2002, SEC.2.
2023 Indiana Code › Title 32. Property › Article 17. Interests in Property › Chapter 4. Partition Proceedings › 32-17-4-1. Compelling Partition; Defendants

Sec. 1. (a) The following persons may compel partition of land held in joint tenancy or tenancy in common as provided under this chapter:
(1) A person that holds an interest in the land as a joint tenant or tenant-in-common either:
(A) in the person's own right; or
(B) as executor or trustee.
(2) If the sale of the estate of a decedent who held an interest in the land as a joint tenant or tenant in common is necessary, the decedent's administrator or executor.
(b) A trustee, an administrator, or an executor may be made a defendant in an action for the partition of real estate to answer as to any interest the trustee, administrator, or executor has in the real estate.
[Pre-2002 Recodification Citation: 32-4-5-1.]
As added by P.L.2-2002, SEC.2.
2023 Indiana Code › Title 32. Property › Article 17. Interests in Property › Chapter 4. Partition Proceedings › 32-17-4-2. Petition to Partition; Title Search

Sec. 2. (a) A person described in section 1(a) of this chapter may file a petition to compel partition in the circuit court, superior court, or probate court having probate jurisdiction of the county in which the land or any part of the land is located.
(b) A petition filed under subsection (a) must contain the following:
(1) A description of the premises.
(2) The rights and titles in the land of the parties interested.
(c) At the time a person files a petition under subsection (a), the person shall cause a title search to be made regarding the land that is the subject of the partition. The person shall file a copy of the results of the title search with the court.
[Pre-2002 Recodification Citation: 32-4-5-2.]
As added by P.L.2-2002, SEC.2. Amended by P.L.41-2012, SEC.2; P.L.84-2016, SEC.134.
2023 Indiana Code › Title 32. Property › Article 17. Interests in Property › Chapter 4. Partition Proceedings › 32-17-4-23. Partition of Fee and Life Estates

Sec. 23. A:
(1) person that owns:
(A) an undivided interest in fee simple in any lands; and
(B) a life estate in:
(i) the remaining part of the land; or
(ii) any part of the remaining portion of the land; or
(2) person that owns a fee in the land described in subdivision (1) that is subject to the undivided interest in fee and the life estate in the land;
may compel partition of the land and have the fee simple interest in the land set off and determined in the same manner as land is partitioned under Indiana law.
[Pre-2002 Recodification Citation: 32-4-6-1.]
As added by P.L.2-2002, SEC.2.
2023 Indiana Code › Title 32. Property › Article 17. Interests in Property › Chapter 5. Partition Investment Limitations › 32-17-5-1. Application of Chapter

Sec. 1. This chapter applies to a person that is entitled to:
(1) an estate in real estate for life or years;
(2) an estate tail;
(3) a fee simple;
(4) a conditional, base, or qualified fee;
(5) a particular, limited, or conditional estate in real estate; or
(6) an interest in personal property;
and any other person is entitled to a vested or contingent remainder, an executory devise, or any other vested or contingent interest in the same real estate or personal property.
[Pre-2002 Recodification Citation: 32-4-8-1 part.]
As added by P.L.2-2002, SEC.2.
2023 Indiana Code › Title 32. Property › Article 17. Interests in Property › Chapter 5. Partition Investment Limitations › 32-17-5-2. Decree Selling, Exchanging, or Leasing Property

Sec. 2. On application of a party in interest described in section 1 of this chapter, the circuit court, superior court, or probate court may, if all the parties are:
(1) parties to the proceedings and before the court; or
(2) properly served with notice as in other civil actions;
decree a sale, exchange, or lease of the real estate, or sale or exchange of the personal property, if the court considers a sale, exchange, or lease to be advantageous to the parties concerned.
[Pre-2002 Recodification Citation: 32-4-8-1 part.]
As added by P.L.2-2002, SEC.2. Amended by P.L.84-2016, SEC.135.
2023 Indiana Code › Title 32. Property › Article 17. Interests in Property › Chapter 5. Partition Investment Limitations › 32-17-5-3. Investment of Proceeds

Sec. 3. If the court decrees a sale, exchange, or lease under section 2 of this chapter, the court shall direct the investment of the proceeds of the:
(1) sale;
(2) terms of the instrument of exchange or lease; or
(3) limitations of the reversion and rents and income;
so as to inure as by the original grant, devise, or condition to the use of the same parties who would be entitled to the property sold or leased or the income of the personal property.
[Pre-2002 Recodification Citation: 32-4-8-1 part.]
As added by P.L.2-2002, SEC.2.
2023 Indiana Code › Title 32. Property › Article 17. Interests in Property › Chapter 5. Partition Investment Limitations › 32-17-5-4. Effect of Decree

Sec. 4. If all persons in being are parties who would be entitled to the property sold or leased or the income of the personal property if the contingency had happened at the date of the commencement of the proceedings, a decree under section 2 of this chapter is binding on any person that claims an interest in the real estate or personal property:
(1) under any party to the decree;
(2) under any person from whom a party to the decree claims; or
(3) from, under, or by the original:
(A) deed;
(B) will; or
(C) instrument;
by which the particular, limited, or conditional estate with remainders or executory devisees was created.
[Pre-2002 Recodification Citation: 32-4-8-1 part.]
As added by P.L.2-2002, SEC.2.
2023 Indiana Code › Title 32. Property › Article 17. Interests in Property › Chapter 5. Partition Investment Limitations › 32-17-5-5. Jurisdiction; Guardian Ad Litem

Sec. 5. (a) The circuit court, superior court, or probate court:
(1) of the county in which a will, deed, or instrument:
(A) is probated or recorded; and
(B) under or from which a party claims or derives the party's interest in the real or personal property that is the subject of the will, deed, or instrument; or
(2) that has jurisdiction of a trust from which the property is derived;
has jurisdiction to hear and determine the rights of the parties under this chapter. Proceedings under this chapter are commenced by complaint as in other civil actions.
(b) For an infant defendant who is a member of the class for whom property that is the subject of a proceeding under this chapter is held:
(1) in reversion;
(2) in remainder; or
(3) upon condition;
the court shall appoint a special guardian ad litem who is not related to any of the parties interested in the property. The living members stand for and represent the whole class, and the parties stand for and represent the full title and whole interest in the property.
[Pre-2002 Recodification Citation: 32-4-8-2.]
As added by P.L.2-2002, SEC.2. Amended by P.L.84-2016, SEC.136.
2023 Indiana Code › Title 32. Property › Article 17. Interests in Property › Chapter 5. Partition Investment Limitations › 32-17-5-6. Personal Property; Investment in Securities

Sec. 6. If the proceeds under section 3 of this chapter are invested in personal property, the court may, in the court's decree, direct additional investment:
(1) in securities; and
(2) upon terms and conditions;
that the court considers to be in the best interests of the parties.
[Pre-2002 Recodification Citation: 32-4-8-3.]
As added by P.L.2-2002, SEC.2.
2023 Indiana Code › Title 32. Property › Article 17. Interests in Property › Chapter 6. Powers of Appointment-Renunciation or Exercise › 32-17-6-1. Application of Chapter

Sec. 1. This chapter applies to a person who holds a power of appointment under any of the following:
(1) A last will and testament of a decedent.
(2) A deed.
(3) An indenture of trust inter vivos.
(4) An insurance policy.
(5) Any other contract or instrument.
[Pre-2002 Recodification Citation: 32-3-1-1 part.]
As added by P.L.2-2002, SEC.2.
2023 Indiana Code › Title 32. Property › Article 17. Interests in Property › Chapter 6. Powers of Appointment-Renunciation or Exercise › 32-17-6-2. Execution of Instruments; Renouncing or Exercising Power

Sec. 2. A person described in section 1 of this chapter may execute an appropriate written instrument to, in whole or in part:
(1) renounce the person's right of appointment; or
(2) exercise the person's power of appointment one (1) or more times.
[Pre-2002 Recodification Citation: 32-3-1-1 part.]
As added by P.L.2-2002, SEC.2.
2023 Indiana Code › Title 32. Property › Article 17. Interests in Property › Chapter 6. Powers of Appointment-Renunciation or Exercise › 32-17-6-3. Renouncing Right of Appointment

Sec. 3. A renouncement of a right of appointment is final and irrevocable unless the right to revoke the renouncement or to repossess the right of appointment is expressly reserved in the instrument of renouncement.
[Pre-2002 Recodification Citation: 32-3-1-1 part.]
As added by P.L.2-2002, SEC.2.
2023 Indiana Code › Title 32. Property › Article 17. Interests in Property › Chapter 6. Powers of Appointment-Renunciation or Exercise › 32-17-6-4. Power of Appointment

Sec. 4. Unless a person exercising a power of appointment expressly renounces and surrenders the right to revoke an appointment in the instrument of appointment, the person may subsequently revoke the appointment and may periodically:
(1) exercise;
(2) revoke the exercise of; and
(3) reexercise the power of appointment.
[Pre-2002 Recodification Citation: 32-3-1-1 part.]
As added by P.L.2-2002, SEC.2.
2023 Indiana Code › Title 32. Property › Article 17. Interests in Property › Chapter 6. Powers of Appointment-Renunciation or Exercise › 32-17-6-5. Effect of Subsequent Appointment

Sec. 5. A subsequent exercise of a right of appointment is a revocation of all prior appointments to the extent that the subsequent appointment conflicts or is inconsistent with any prior appointments.
[Pre-2002 Recodification Citation: 32-3-1-1 part.]
As added by P.L.2-2002, SEC.2.
2023 Indiana Code › Title 32. Property › Article 17. Interests in Property › Chapter 6. Powers of Appointment-Renunciation or Exercise › 32-17-6-6. Last Unrevoked Appointment

Sec. 6. The last unrevoked exercise of a power of appointment is effective and controlling.
[Pre-2002 Recodification Citation: 32-3-1-1 part.]
As added by P.L.2-2002, SEC.2.