reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 28. Child Services: Foster Care and Placement of Children › Chapter 4. Interstate Compact on the Placement of Children › 31-28-4-3. "Appropriate Public Authorities"; Notices; Responsibility

Sec. 3. The "appropriate public authorities" as used in Article III of the interstate compact on the placement of children (section 1 of this chapter), with reference to this state, means the department, and the department shall receive and act with reference to notices required by Article III.
As added by P.L.145-2006, SEC.274.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 28. Child Services: Foster Care and Placement of Children › Chapter 4. Interstate Compact on the Placement of Children › 31-28-4-4. "Appropriate Authority in Receiving State"

Sec. 4. As used in paragraph (a) of Article V of the interstate compact on the placement of children (section 1 of this chapter), the phrase "appropriate authority in the receiving state" with reference to this state means the department.
As added by P.L.145-2006, SEC.274.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 28. Child Services: Foster Care and Placement of Children › Chapter 4. Interstate Compact on the Placement of Children › 31-28-4-5. Agreements Between Party States; Authorization; Approval

Sec. 5. The officers and agencies of this state and the subdivisions of this state having authority to place children may enter into agreements with appropriate officers or agencies of or in other party states under paragraph (b) of Article V of the interstate compact on the placement of children (section 1 of this chapter). An agreement that contains a financial commitment or imposes a financial obligation on this state or a subdivision or agency of this state is not binding unless the agreement has the approval in writing of the auditor of state in the case of the state and of the chief local fiscal officer in the case of a subdivision of the state.
As added by P.L.145-2006, SEC.274.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 28. Child Services: Foster Care and Placement of Children › Chapter 4. Interstate Compact on the Placement of Children › 31-28-4-6. Visitation, Inspection, or Supervision Requirements of Children or Facilities Under Other Law; Fulfillment Under Compact

Sec. 6. A requirement for visitation, inspection, or supervision of children, homes, institutions, or other agencies in another party state that apply under the provisions of IC 31-27 is considered to be met if performed under an agreement entered into by appropriate officers or agencies of this state or a subdivision of this state as contemplated by paragraph (b) of Article V of the interstate compact on the placement of children (section 1 of this chapter).
As added by P.L.145-2006, SEC.274.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 28. Child Services: Foster Care and Placement of Children › Chapter 4. Interstate Compact on the Placement of Children › 31-28-4-7. Placement of Delinquent Children in Institution in Another State; Retained Jurisdiction

Sec. 7. A court having jurisdiction to place delinquent children may place the delinquent child in an institution in another state under Article VI of the interstate compact on the placement of children (section 1 of this chapter) and shall retain jurisdiction as provided in Article V.
As added by P.L.145-2006, SEC.274.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 28. Child Services: Foster Care and Placement of Children › Chapter 4. Interstate Compact on the Placement of Children › 31-28-4-8. "Executive Head"; Appointment of Compact Administrator

Sec. 8. As used in Article VII of the interstate compact on the placement of children (section 1 of this chapter), the term "executive head" means the governor. The governor may appoint a compact administrator in accordance with the terms of Article VII.
As added by P.L.145-2006, SEC.274.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 28. Child Services: Foster Care and Placement of Children › Chapter 5. Foster Care Sibling Visitation › 31-28-5-1. Application

Sec. 1. This chapter applies to:
(1) a child who receives foster care that is funded by the department or a local office; and
(2) a sibling of a child described in subdivision (1).
As added by P.L.133-2008, SEC.10. Amended by P.L.128-2012, SEC.151.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 28. Child Services: Foster Care and Placement of Children › Chapter 5. Foster Care Sibling Visitation › 31-28-5-2. Promotion of Sibling Visitation

Sec. 2. The department shall make reasonable efforts to promote sibling visitation for every child who receives foster care, including visitation when one (1) sibling receives foster care and another sibling does not.
As added by P.L.133-2008, SEC.10.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 28. Child Services: Foster Care and Placement of Children › Chapter 5. Foster Care Sibling Visitation › 31-28-5-3. Persons Who May Request Sibling Visitations; Department Establishment of Sibling Visitation; Department's Notice of Findings

Sec. 3. (a) A child, a child's adoptive parent, a child's foster parent, a child's guardian ad litem, a court appointed special advocate, or an agency that has the legal responsibility or authorization to care for, treat, or supervise a child may request the department to permit the child to have visitation with the child's sibling if the child or the child's sibling, or both, receive foster care.
(b) If the department finds that the sibling visitation requested under subsection (a) is in the best interests of:
(1) the child, if the child receives foster care; and
(2) the child's sibling, if the child's sibling receives foster care;
the department shall permit the sibling visitation and establish a sibling visitation schedule.
(c) Not later than seven (7) business days after receiving a request under subsection (a), the department shall provide notice of the department's findings under subsection (b) to the individual or agency that made the request.
As added by P.L.133-2008, SEC.10. Amended by P.L.244-2023, SEC.8.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 28. Child Services: Foster Care and Placement of Children › Chapter 5. Foster Care Sibling Visitation › 31-28-5-4. Department Denial of Sibling Visitation; Petitions to Juvenile Courts; Juvenile Court Orders

Sec. 4. (a) If the department denies a request for sibling visitation under section 3 of this chapter, the child's guardian ad litem or court appointed special advocate may petition the juvenile court with jurisdiction in the county in which the child receiving foster care is located for an order requiring sibling visitation.
(b) If the juvenile court determines it is in the best interests of the child receiving foster care to have sibling visitation, the juvenile court shall order sibling visitation and establish a schedule for the sibling visitation.
As added by P.L.133-2008, SEC.10.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 28. Child Services: Foster Care and Placement of Children › Chapter 5. Foster Care Sibling Visitation › 31-28-5-5. Appointment of Guardian Ad Litem or Court Appointed Special Advocate

Sec. 5. (a) The juvenile court may appoint a guardian ad litem or court appointed special advocate if a child receiving foster care requests sibling visitation.
(b) The provisions of IC 31-17-6 apply to a guardian ad litem or court appointed special advocate appointed under this section.
As added by P.L.133-2008, SEC.10.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 28. Child Services: Foster Care and Placement of Children › Chapter 5.8. Collaborative Care › 31-28-5.8-1. "Collaborative Care"

Sec. 1. As used in this chapter, "collaborative care" means any services or payments for services that the department provides for older youth under the terms of a collaborative care agreement, while the older youth is residing in:
(1) a foster family home licensed under IC 31-27-4 or a comparable law in the state where the home is located;
(2) a host home under an agreement with the older youth approved by the department;
(3) a child caring institution licensed under IC 31-27-3;
(4) a group home licensed under IC 31-27-5; or
(5) a supervised independent living arrangement approved by the department.
As added by P.L.48-2012, SEC.34.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 28. Child Services: Foster Care and Placement of Children › Chapter 5.8. Collaborative Care › 31-28-5.8-2. "Collaborative Care Agreement"

Sec. 2. As used in this chapter, "collaborative care agreement" means a voluntary agreement that:
(1) is signed by the department, a guardian ad litem or court appointed special advocate participating with the consent of the youth, and the older youth;
(2) is approved by a juvenile court under this chapter;
(3) includes provisions required or authorized under the department's rules concerning collaborative care services; and
(4) may be amended by agreement between the department, a guardian ad litem or court appointed special advocate participating with the consent of the youth, and the older youth without review or approval by the court.
As added by P.L.48-2012, SEC.34.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 28. Child Services: Foster Care and Placement of Children › Chapter 5.8. Collaborative Care › 31-28-5.8-3. "Host Home"

Sec. 3. As used in this chapter, "host home" means:
(1) the home of a person who is a relative of an older youth that is not licensed under IC 31-27-4 or a comparable law in another state where the home is located; or
(2) the home of one (1) or more adults who are not relatives of the older youth.
As added by P.L.48-2012, SEC.34. Amended by P.L.123-2014, SEC.19.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 28. Child Services: Foster Care and Placement of Children › Chapter 5.8. Collaborative Care › 31-28-5.8-4. "Older Youth"

Sec. 4. As used in this chapter, "older youth" means an individual who is at least eighteen (18) years of age but less than twenty-one (21) years of age.
As added by P.L.48-2012, SEC.34. Amended by P.L.13-2013, SEC.78; P.L.198-2019, SEC.4.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 28. Child Services: Foster Care and Placement of Children › Chapter 5.8. Collaborative Care › 31-28-5.8-5. Eligibility; Petitions

Sec. 5. (a) An older youth who received foster care under a court order on the day the individual attains eighteen (18) years of age is eligible to receive collaborative care services under applicable rules of the department at any time until the individual becomes twenty-one (21) years of age.
(b) An older youth may request the department to petition a juvenile court for approval of a collaborative care agreement under this chapter.
(c) A court may grant a petition described in subsection (b) if the court finds, consistent with applicable rules of the department, that the older youth is:
(1) employed;
(2) attending school or a vocational or educational certification or degree program;
(3) participating in a program or activity designed to promote, or remove barriers to, employment; or
(4) incapable of performing any of the activities in subdivisions (1) through (3) due to a medical condition documented by regularly updated information in the older youth's current case plan.
(d) A child who:
(1) is at least seventeen (17) years and six (6) months of age;
(2) is receiving foster care under a court order; and
(3) expects to be eligible for collaborative care under this chapter when the child becomes an older youth;
may request the department to start the process of planning for collaborative care under this chapter.
(e) If the governor declares a state of disaster emergency under IC 10-14-3-12, the director of the department, or the director's designee, may allow older youth who are receiving collaborative care services at the time of the declaration to continue to receive collaborative care services for the duration of the state of disaster emergency.
As added by P.L.48-2012, SEC.34. Amended by P.L.104-2015, SEC.28; P.L.198-2019, SEC.5; P.L.214-2021, SEC.2; P.L.9-2022, SEC.65.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 28. Child Services: Foster Care and Placement of Children › Chapter 5.8. Collaborative Care › 31-28-5.8-5.5. Conduct Criminal History Check

Sec. 5.5. The department may conduct a criminal history check of each person who is currently residing with an older youth in a:
(1) host home described in section 1(2) of this chapter; or
(2) supervised independent living arrangement described in section 1(5) of this chapter.
As added by P.L.104-2015, SEC.29.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 28. Child Services: Foster Care and Placement of Children › Chapter 5.8. Collaborative Care › 31-28-5.8-6. Updating Case Plans; Transitional Services Plan; Visitation With Family Case Manager

Sec. 6. (a) The department shall, jointly with a guardian ad litem or court appointed special advocate participating with the consent of the youth and with the older youth, develop, implement, and update periodically a case plan that is consistent with requirements set forth in:
(1) 45 CFR 1356.21(g);
(2) IC 31-34-15-4; and
(3) the collaborative care agreement.
(b) The case plan must include a transitional services plan, as described in IC 31-25-2-21 and the applicable rules of the department.
(c) The case plan shall provide for visitation between the older youth and a department family case manager at least once every thirty (30) days.
As added by P.L.48-2012, SEC.34.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 28. Child Services: Foster Care and Placement of Children › Chapter 5.8. Collaborative Care › 31-28-5.8-7. Periodic Reviews by Court; Notice; Participation; Orders

Sec. 7. (a) A court that approves a collaborative care agreement under this chapter shall conduct periodic reviews during the term of the agreement. The court shall review the agreement and the progress made in complying with the provisions of the agreement and case plan developed under section 6 of this chapter.
(b) The court shall conduct each periodic review in a formal court hearing.
(c) The department shall provide a notice of a hearing, as provided in IC 31-32-1-4, at least seven (7) days before the date of the hearing to the following:
(1) The older youth.
(2) The foster parent or any other caretaker with whom the older youth is living, if applicable.
(3) Any caseworker responsible for visitation with the older youth.
(4) Any person or agency identified in the collaborative care agreement as a provider of services to the older youth.
(5) Any person or entity providing successful adulthood services to the older youth developed under IC 31-25-2-7(a)(9) or 465 IAC 2-14.
(6) A guardian ad litem or court appointed special advocate participating with the consent of the older youth.
(d) A person to whom the department gives notice under subsection (c) is entitled to participate in a periodic review hearing as set forth in IC 31-34-21-4(d).
(e) The department shall prepare and submit to the court a written progress report for the periodic review hearing. The department shall provide a copy of the report with the notice of the hearing provided under subsection (c).
(f) The court must hold a periodic review hearing:
(1) not later than six (6) months after the date the court grants a petition under section 5 of this chapter; and
(2) at least once every six (6) months until the collaborative care agreement is terminated.
(g) After each periodic review hearing, the court shall enter an order that includes findings and conclusions concerning the progress made in implementing the collaborative care agreement and case plan of the older youth. If a permanency plan has been approved or modified for the youth, the court shall also review the permanency plan.
As added by P.L.48-2012, SEC.34. Amended by P.L.104-2015, SEC.30.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 28. Child Services: Foster Care and Placement of Children › Chapter 5.8. Collaborative Care › 31-28-5.8-8. Closing Collaborative Care Cases

Sec. 8. (a) A court shall close a collaborative care case at the:
(1) expiration of the term of the collaborative care agreement; or
(2) termination of the collaborative care agreement as set forth in the agreement or by department rules.
(b) If the department terminates a collaborative care agreement before the expiration date without the concurrence of the older youth, the court may, upon the request of the older youth or a guardian ad litem or court appointed special advocate participating with the consent of the older youth under section 2 of this chapter:
(1) hold a hearing regarding the cause of the termination of the collaborative care agreement; and
(2) enter an order containing findings and conclusions regarding whether the department properly terminated the agreement for good cause.
As added by P.L.48-2012, SEC.34.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 28. Child Services: Foster Care and Placement of Children › Chapter 6.7. Release of Social Security Numbers to Caregivers of Foster Children › 31-28-6.7-1. Request for Release of Foster Child's Social Security Number

Sec. 1. Subject to section 2 of this chapter, an individual may complete a form requesting that the department release a child's Social Security number if the following criteria are met:
(1) The individual:
(A) provides or has provided care and supervision to the child under a court order for purposes of placement in a child in need of services case or juvenile delinquency case; and
(B) wishes to claim the child as a dependent for income tax purposes.
(2) The child was placed in the individual's home by:
(A) a court order; or
(B) the department.
As added by P.L.77-2023, SEC.7.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 28. Child Services: Foster Care and Placement of Children › Chapter 6.7. Release of Social Security Numbers to Caregivers of Foster Children › 31-28-6.7-2. Request for Release of Foster Child's Social Security Number; Form

Sec. 2. The department shall develop a form to be used for requests made under this chapter. The form must include a section requiring the individual requesting the Social Security number to attest that the individual:
(1) is requesting the child's Social Security number exclusively for income tax purposes;
(2) has read and understands the Internal Revenue Service guidelines for claiming dependents; and
(3) understands that the child's Social Security number is confidential and that there may be criminal and civil penalties for unauthorized disclosure of the child's Social Security number.
As added by P.L.77-2023, SEC.7.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 28. Child Services: Foster Care and Placement of Children › Chapter 6.7. Release of Social Security Numbers to Caregivers of Foster Children › 31-28-6.7-3. Request for Release of Foster Child's Social Security Number; Deadline for Determination

Sec. 3. The department shall approve or deny a request for a child's Social Security number submitted under this chapter not later than ten (10) business days after receiving a properly completed form.
As added by P.L.77-2023, SEC.7.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 28. Child Services: Foster Care and Placement of Children › Chapter 6.7. Release of Social Security Numbers to Caregivers of Foster Children › 31-28-6.7-4. Request for Release of Foster Child's Social Security Number; Approval

Sec. 4. (a) The department shall approve a request made under this chapter if:
(1) the child lived with the individual making the request in the eighteen (18) months preceding the request; and
(2) the child lived with the individual making the request for:
(A) at least six (6) months in any one (1) calendar year; or
(B) more than one-half (1/2) of the days the child lived in the calendar year if the child was born or died in the calendar year.
(b) If the department approves a request, the department shall:
(1) provide the child's Social Security number to the individual; and
(2) notify the parents of the child that the child's Social Security number has been disclosed under this chapter if parental rights for the child have not been terminated.
As added by P.L.77-2023, SEC.7.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 28. Child Services: Foster Care and Placement of Children › Chapter 6.7. Release of Social Security Numbers to Caregivers of Foster Children › 31-28-6.7-5. Request for Release of Foster Child's Social Security Number; Denial

Sec. 5. (a) The department shall deny a request made under this chapter if:
(1) the child does not have a Social Security number;
(2) the department does not have a record of the child's Social Security number; or
(3) the conditions in section 4 of this chapter are not met.
(b) If the department denies a request, the response to the request must include the reason for the denial.
As added by P.L.77-2023, SEC.7.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 28. Child Services: Foster Care and Placement of Children › Chapter 6.7. Release of Social Security Numbers to Caregivers of Foster Children › 31-28-6.7-6. Request for Release of Foster Child's Social Security Number; Adoption of Rules

Sec. 6. The department may adopt rules under IC 4-22-2 to implement this chapter.
As added by P.L.77-2023, SEC.7.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 28. Child Services: Foster Care and Placement of Children › Chapter 6.7. Release of Social Security Numbers to Caregivers of Foster Children › 31-28-6.7-7. Release of Foster Child's Social Security Number Under Court Order

Sec. 7. Nothing in this chapter prohibits a court from ordering the department to release the child's Social Security number.
As added by P.L.77-2023, SEC.7.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 28. Child Services: Foster Care and Placement of Children › Chapter 7. Rights of Unlicensed Caregivers and De Facto Custodians › 31-28-7-1. Removal From Home Based on Petition to Adopt

Sec. 1. If the department temporarily places a child with:
(1) an unlicensed caregiver; or
(2) a de facto custodian;
the department may not remove the child from the home of the unlicensed caregiver or de facto custodian solely on the basis of the unlicensed caregiver or de facto custodian having filed a petition to adopt the child.
As added by P.L.244-2023, SEC.9.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 30. Juvenile Law: Juvenile Court Jurisdiction › Chapter 1. Jurisdiction Generally › 31-30-1-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The following amendments to this chapter apply as follows:
(1) The amendments made to section 1(a) of this chapter by P.L.217-2001 apply to all proceedings pending under IC 31-34 on July 1, 2001, and to all proceedings commenced under IC 31-34 after June 30, 2001.
(2) The amendments made to section 2.5 of this chapter by P.L.131-2009 apply to proceedings pending on or initiated on or after May 12, 2009.
As added by P.L.220-2011, SEC.508. Amended by P.L.115-2023, SEC.5.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 30. Juvenile Law: Juvenile Court Jurisdiction › Chapter 1. Jurisdiction Generally › 31-30-1-0.3. Transfer of Guardianship Matters to Juvenile Court

Sec. 0.3. On July 1, 2001, all guardianship of the person matters:
(1) that are pending in a court other than a juvenile court; and
(2) over which a juvenile court has exclusive original jurisdiction under this chapter, as amended by P.L.217-2001;
shall be transferred to the juvenile court. A matter transferred under this section shall be treated as if it were originally filed in the juvenile court.
As added by P.L.220-2011, SEC.510.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 30. Juvenile Law: Juvenile Court Jurisdiction › Chapter 1. Jurisdiction Generally › 31-30-1-1. Exclusive Original Jurisdiction

Sec. 1. (a) A juvenile court has exclusive original jurisdiction, except as provided in sections 9, 10, 12, and 13 of this chapter, in the following:
(1) Proceedings in which a child, including a child of divorced parents, is alleged to be a delinquent child under IC 31-37.
(2) Proceedings in which a child, including a child of divorced parents, is alleged to be a child in need of services under IC 31-34.
(3) Proceedings concerning the paternity of a child under IC 31-14.
(4) Proceedings under the interstate compact on juveniles under IC 31-37-23.
(5) Proceedings governing the participation of a parent, guardian, or custodian in a program of care, treatment, or rehabilitation for a child under IC 31-34-20 or IC 31-37-15.
(6) Proceedings under IC 31-34-4, IC 31-34-5, IC 31-37-5, and IC 31-37-6 governing the detention of a child before a petition has been filed.
(7) Proceedings to issue a protective order under IC 31-32-13.
(8) Proceedings in which a child less than sixteen (16) years of age is alleged to have committed an act that would be a misdemeanor traffic offense if committed by an adult.
(9) Proceedings in which a child is alleged to have committed an act that would be an offense under IC 9-30-5 if committed by an adult.
(10) Guardianship of the person proceedings for a child:
(A) who has been adjudicated as a child in need of services;
(B) for whom a juvenile court has approved a permanency plan under IC 31-34-21-7 that provides for the appointment of a guardian of the person; and
(C) who is the subject of a pending child in need of services proceeding under IC 31-34.
(11) Proceedings concerning involuntary drug and alcohol treatment under IC 31-32-16.
(12) Proceedings under the interstate compact for juveniles under IC 11-13-4.5-1.5.
(13) Proceedings under IC 31-28-5.8.
(14) Other proceedings specified by law.
(b) A juvenile court has jurisdiction over a person who is at least twenty-one (21) years of age for an alleged offense:
(1) committed while the person was a child; and
(2) that could not have been waived under IC 31-30-3.
[Pre-1997 Recodification Citation: 31-6-2-1.1(a).]
As added by P.L.1-1997, SEC.13. Amended by P.L.164-1999, SEC.1; P.L.217-2001, SEC.3; P.L.196-2003, SEC.1; P.L.137-2011, SEC.6; P.L.48-2012, SEC.35; P.L.172-2022, SEC.6; P.L.115-2023, SEC.6.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 30. Juvenile Law: Juvenile Court Jurisdiction › Chapter 1. Jurisdiction Generally › 31-30-1-2. Applicability of Juvenile Law to Certain Offenses

Sec. 2. Except as provided in IC 33-33-45-6 and section 8 of this chapter, the juvenile law does not apply to the following:
(1) A child who is alleged to have committed a violation of a statute defining an infraction, except as provided under IC 7.1-5-7.
(2) A child who is alleged to have committed a violation of an ordinance.
(3) A child who:
(A) is alleged to have committed an act that would be a felony if committed by an adult; and
(B) has previously been waived under IC 31-30-3 (or IC 31-6-2-4 before its repeal) to a court having felony jurisdiction.
[Pre-1997 Recodification Citation: 31-6-2-1.1(b).]
As added by P.L.1-1997, SEC.13. Amended by P.L.98-2004, SEC.104; P.L.67-2008, SEC.1.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 30. Juvenile Law: Juvenile Court Jurisdiction › Chapter 1. Jurisdiction Generally › 31-30-1-2.5. Persons Prohibited From Serving as Guardian or Custodian of a Child

Sec. 2.5. A juvenile court may not appoint a person to serve as the guardian or custodian of a child or permit a person to continue to serve as a guardian or custodian of a child if the person:
(1) is a sexually violent predator (as described in IC 35-38-1-7.5);
(2) was at least eighteen (18) years of age at the time of the offense and committed child molesting (IC 35-42-4-3) or sexual misconduct with a minor (IC 35-42-4-9) against a child less than sixteen (16) years of age:
(A) by using or threatening the use of deadly force;
(B) while armed with a deadly weapon; or
(C) that resulted in serious bodily injury; or
(3) was less than eighteen (18) years of age at the time of the offense but was tried and convicted as an adult of an offense described in:
(A) IC 35-42-4-1;
(B) IC 35-42-4-2 (before its repeal);
(C) IC 35-42-4-3 as a Class A or Class B felony (for crimes committed before July 1, 2014) or as a Level 1, Level 2, or Level 3 felony (for crimes committed after June 30, 2014);
(D) IC 35-42-4-5(a)(1);
(E) IC 35-42-4-5(a)(2);
(F) IC 35-42-4-5(a)(3) (before that provision was redesignated by P.L.158-2013, SECTION 441);
(G) IC 35-42-4-5(b)(1) as a Class A or Class B felony (for crimes committed before July 1, 2014) or as a Level 2, Level 3, or Level 4 felony (for crimes committed after June 30, 2014);
(H) IC 35-42-4-5(b)(2); or
(I) IC 35-42-4-5(b)(3) as a Class A or Class B felony (for crimes committed before July 1, 2014) or as a Level 1, Level 2, or Level 3 felony (for crimes committed after June 30, 2014).
As added by P.L.139-2006, SEC.3, P.L.140-2006, SEC.18, and P.L.173-2006, SEC.18. Amended by P.L.131-2009, SEC.38; P.L.158-2013, SEC.314; P.L.214-2013, SEC.24; P.L.168-2014, SEC.39; P.L.86-2018, SEC.218; P.L.142-2020, SEC.39.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 30. Juvenile Law: Juvenile Court Jurisdiction › Chapter 1. Jurisdiction Generally › 31-30-1-3. Cases Involving Adults Charged With Crimes

Sec. 3. A juvenile court has concurrent original jurisdiction in cases involving adults charged with the crime of:
(1) neglect of a dependent (IC 35-46-1-4);
(2) contributing to delinquency (IC 35-46-1-8);
(3) violating the compulsory school attendance law IC 20-33-2);
(4) criminal confinement of a child (IC 35-42-3-3); or
(5) interference with custody (IC 35-42-3-4).
[Pre-1997 Recodification Citation: 31-6-2-1.1(c).]
As added by P.L.1-1997, SEC.13. Amended by P.L.1-2005, SEC.202.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 30. Juvenile Law: Juvenile Court Jurisdiction › Chapter 1. Jurisdiction Generally › 31-30-1-5. Concurrent Original Jurisdiction With Probate Court

Sec. 5. A juvenile court has concurrent original jurisdiction with the probate court in the following proceedings:
(1) Proceedings to commit children under IC 12-26.
(2) Proceedings to terminate the parent-child relationship under IC 31-35.
However, the juvenile court's jurisdiction is limited as described in IC 12-26-1-4.
[Pre-1997 Recodification Citation: 31-6-2-1.1(e).]
As added by P.L.1-1997, SEC.13.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 30. Juvenile Law: Juvenile Court Jurisdiction › Chapter 1. Jurisdiction Generally › 31-30-1-6. Probate Court Jurisdiction Over Guardianship of Person Less Than 18 Years of Age; Additional Proceedings

Sec. 6. (a) Subject to subsections (b) and (c), this article does not prohibit a probate court from exercising its jurisdiction over guardianship of a person who is less than eighteen (18) years of age.
(b) If allegations in the petition for guardianship or allegations produced at guardianship proceedings indicate that the person for whom the guardianship is requested meets the definition of a child in need of services under IC 31-34-1, the probate court on its own motion or at the request of a party shall:
(1) send the petition for guardianship or the record of guardianship to the department of child services; and
(2) direct the department of child services to initiate an assessment to determine whether the person for whom the guardianship is requested is a child in need of services.
(c) The probate court retains jurisdiction over the matter until the juvenile court authorizes the filing of a petition under IC 31-34-9.
(d) If a juvenile court:
(1) issues an order establishing or modifying a guardianship of a minor; and
(2) requests additional proceedings regarding the guardianship of the minor;
the probate court that retains jurisdiction over the case or another appropriate court shall conduct additional proceedings.
[Pre-1997 Recodification Citation: 31-6-2-1.1(f).]
As added by P.L.1-1997, SEC.13. Amended by P.L.145-2006, SEC.275; P.L.162-2011, SEC.40.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 30. Juvenile Law: Juvenile Court Jurisdiction › Chapter 1. Jurisdiction Generally › 31-30-1-7. Juveniles Tried as Adults

Sec. 7. A juvenile court has concurrent original jurisdiction in cases involving individuals who are subject to prosecution under IC 14-15-10-3.
[Pre-1997 Recodification Citation: 31-6-2-1.1(g).]
As added by P.L.1-1997, SEC.13.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 30. Juvenile Law: Juvenile Court Jurisdiction › Chapter 1. Jurisdiction Generally › 31-30-1-8. Exclusive Jurisdiction of Juvenile Division of Marion Superior Court

Sec. 8. The juvenile division of the Marion superior court established under IC 33-33-49 has exclusive jurisdiction over a child who:
(1) has been taken into custody in Marion County; and
(2) has allegedly committed an act that would be a misdemeanor traffic offense if committed by an adult.
[Pre-1997 Recodification Citation: 31-6-2-1.1(h).]
As added by P.L.1-1997, SEC.13. Amended by P.L.98-2004, SEC.105.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 30. Juvenile Law: Juvenile Court Jurisdiction › Chapter 1. Jurisdiction Generally › 31-30-1-9. Concurrent Original Jurisdiction of Act That Would Be Murder or Felony by Child Who Left Indiana; Transfer Following Extradition

Sec. 9. (a) A court having felony jurisdiction has concurrent original jurisdiction with the juvenile court if there is probable cause to believe that:
(1) a child has committed an act that would be murder or a felony if committed by an adult;
(2) the child has left Indiana; and
(3) the state cannot obtain jurisdiction over the child in any other lawful manner except under the proceedings authorized for the extradition of alleged felons.
(b) Upon the return of any child under the criminal extradition law, the court having felony jurisdiction shall immediately transfer the child to the juvenile court under section 11 of this chapter.
[Pre-1997 Recodification Citation: 31-6-2-1.5(a), (b).]
As added by P.L.1-1997, SEC.13.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 30. Juvenile Law: Juvenile Court Jurisdiction › Chapter 1. Jurisdiction Generally › 31-30-1-10. Paternity Proceedings to Enforce Support

Sec. 10. A circuit court and superior court have concurrent original jurisdiction with the juvenile court, including the probate court described in IC 33-31-1-9(b), for the purpose of establishing the paternity of a child in a proceeding under:
(1) IC 31-18.5;
(2) IC 31-1.5 (before its repeal); or
(3) IC 31-2-1 (before its repeal);
to enforce a duty of support.
[Pre-1997 Recodification Citation: 31-6-2-1.5(c).]
As added by P.L.1-1997, SEC.13. Amended by P.L.98-2004, SEC.106; P.L.206-2015, SEC.59; P.L.84-2016, SEC.133.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 30. Juvenile Law: Juvenile Court Jurisdiction › Chapter 1. Jurisdiction Generally › 31-30-1-11. Transfer From Court Having Criminal Jurisdiction; Release on Recognizance; Detention

Sec. 11. (a) Except as provided in section 9 of this chapter, if a court having criminal jurisdiction determines that a defendant is alleged to have committed a crime before the defendant is eighteen (18) years of age, the court shall immediately transfer the case, together with certified copies of all papers, documents, and testimony, to the juvenile court. The juvenile court shall proceed as if it had received a referral under IC 31-37-8.
(b) The court having criminal jurisdiction shall release the child on the child's own recognizance or to the child's parent, guardian, or custodian upon that person's written promise to bring the child before the juvenile court at a specified time. However, the court may order the child detained if the court finds probable cause to believe that the child committed an act that would be a crime if committed by an adult and that:
(1) the child is unlikely to appear before the juvenile court for subsequent proceedings;
(2) detention is essential to protect the child or the community;
(3) the parent, guardian, or custodian:
(A) cannot be located; or
(B) is unable or unwilling to take custody of the child; or
(4) the child has a reasonable basis for requesting that he or she not be released.
If the child is detained for a reason specified by subdivision (3) or (4), the child must be detained in accordance with IC 31-37-7-1.
(c) If the child is not released, the child shall be delivered to a place designated by the juvenile court. The court having criminal jurisdiction shall promptly notify the child's parent, guardian, or custodian and an intake officer of where the child is being held and the reasons for the child's detention.
(d) A child transferred to the juvenile court under this section (or IC 31-6-2-2 before its repeal) may not be released on bail.
[Pre-1997 Recodification Citation: 31-6-2-2.]
As added by P.L.1-1997, SEC.13.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 30. Juvenile Law: Juvenile Court Jurisdiction › Chapter 1. Jurisdiction Generally › 31-30-1-12. Jurisdiction of Child Custody, Parenting Time, or Child Support Proceeding in Marriage Dissolution; Survival of Order

Sec. 12. (a) Subject to subsection (b), a court having jurisdiction under IC 31-17-2 of a child custody, parenting time, or child support proceeding in a marriage dissolution has concurrent original jurisdiction with the juvenile court for the purpose of modifying custody, parenting time, or child support of a child who is under the jurisdiction of the juvenile court because:
(1) the child is the subject of a child in need of services proceeding;
(2) the child is the subject of a juvenile delinquency proceeding that does not involve an act described under IC 31-37-1-2; or
(3) the child is the subject of a paternity proceeding.
(b) Whenever the court having child custody jurisdiction under IC 31-17-2 in a marriage dissolution modifies child custody as provided by this section, the modification is effective only when the juvenile court having jurisdiction of the child in the child in need of services proceeding or the juvenile delinquency proceeding:
(1) enters an order adopting and approving the child custody modification; or
(2) terminates the child in need of services proceeding, the juvenile delinquency proceeding, or the paternity proceeding.
(c) If, under this section, a juvenile court:
(1) modifies child custody, child support, or parenting time; and
(2) terminates a child in need of services proceeding or a juvenile delinquency proceeding regarding the child;
the order modifying child custody, child support, or parenting time survives the termination of the child in need of services proceeding or the juvenile delinquency proceeding until the court having concurrent original jurisdiction under subsection (a) assumes or reassumes primary jurisdiction of the case to address all issues.
(d) A court that assumes or reassumes jurisdiction of a case under subsection (c) may modify child custody, child support, or parenting time in accordance with applicable modification statutes.
As added by P.L.164-1999, SEC.2. Amended by P.L.162-2011, SEC.41; P.L.183-2017, SEC.28.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 30. Juvenile Law: Juvenile Court Jurisdiction › Chapter 1. Jurisdiction Generally › 31-30-1-13. Jurisdiction of Child Custody Proceeding in Paternity Proceeding; Paternity of Child; Survival of Order

Sec. 13. (a) Subject to subsection (c), a court having jurisdiction under IC 31-14 over establishment or modification of paternity, child custody, parenting time, or child support in a paternity proceeding has concurrent original jurisdiction with another juvenile court for the purpose of establishing or modifying paternity, custody, parenting time, or child support of a child who is under the jurisdiction of the other juvenile court because:
(1) the child is the subject of a child in need of services proceeding; or
(2) the child is the subject of a juvenile delinquency proceeding that does not involve an act described under IC 31-37-1-2.
(b) Subject to subsection (d), a court having jurisdiction over a child who is the subject of a child in need of services proceeding or juvenile delinquency proceeding has concurrent jurisdiction with a court having jurisdiction under IC 31-14 for the purpose of establishing or modifying paternity, custody, parenting time, or child support of the child.
(c) Whenever the court having child custody jurisdiction under IC 31-14 in a paternity proceeding modifies child custody as provided by this section, the modification is effective only when the juvenile court with jurisdiction over the child in need of services proceeding or juvenile delinquency proceeding:
(1) enters an order adopting and approving the child custody modification; or
(2) terminates the child in need of services proceeding or the juvenile delinquency proceeding.
(d) If, under this section, a juvenile court:
(1) establishes or modifies paternity, custody, child support, or parenting time of a child; and
(2) terminates a child in need of services proceeding or a juvenile delinquency proceeding regarding the child;
the order establishing or modifying paternity, custody, child support, or parenting time survives the termination of the child in need of services proceeding or the juvenile delinquency proceeding until the court having concurrent original jurisdiction under subsection (a) assumes or reassumes primary jurisdiction of the case to address all other issues.
(e) A court that assumes or reassumes jurisdiction of a case under subsection (d) may modify child custody, child support, or parenting time in accordance with applicable modification statutes.
As added by P.L.164-1999, SEC.3. Amended by P.L.162-2011, SEC.42; P.L.183-2017, SEC.29; P.L.66-2023, SEC.2.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 30. Juvenile Law: Juvenile Court Jurisdiction › Chapter 2. Continuing Jurisdiction › 31-30-2-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The amendments made to section 1 of this chapter by P.L.217-2001 apply to all proceedings pending under IC 31-34 on July 1, 2001, and to all proceedings commenced under IC 31-34 after June 30, 2001.
As added by P.L.220-2011, SEC.511.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 30. Juvenile Law: Juvenile Court Jurisdiction › Chapter 2. Continuing Jurisdiction › 31-30-2-2. Notice of Child's Release From Custody of Department of Correction

Sec. 2. If the department of correction is awarded guardianship of a child under section 1(a)(2) of this chapter (or IC 31-6-2-3(a)(2) before its repeal), the department of correction shall notify the court awarding the guardianship when the department will release the child from the department's custody. The notification must be sent to the court at least ten (10) days before the child's release.
[Pre-1997 Recodification Citation: 31-6-2-3(b).]
As added by P.L.1-1997, SEC.13.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 30. Juvenile Law: Juvenile Court Jurisdiction › Chapter 2. Continuing Jurisdiction › 31-30-2-3. Sua Sponte Reinstatement of Court's Jurisdiction; Modification of Decree

Sec. 3. After receiving notification under section 2 of this chapter (or IC 31-6-2-3(b) before its repeal), a juvenile court may within thirty (30) days after notification, on the court's own motion, reinstate jurisdiction over the child for the purpose of modifying under IC 31-34-23 or IC 31-37-22 the court's original dispositional decree.
[Pre-1997 Recodification Citation: 31-6-2-3(c).]
As added by P.L.1-1997, SEC.13.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 30. Juvenile Law: Juvenile Court Jurisdiction › Chapter 2. Continuing Jurisdiction › 31-30-2-4. Petition for Reinstatement of Court's Jurisdiction; Modification

Sec. 4. (a) The department of correction may petition the court to reinstate the court's jurisdiction over the child and the child's parent, guardian, or custodian to modify the court's decree under IC 31-34-23 or IC 31-37-22 (or IC 31-6-7-16 before its repeal) or order the child's parent, guardian, or custodian to participate in programs operated by or through the department of correction.
(b) The department may petition a court to reinstate the court's jurisdiction over an older youth for purposes of IC 31-28-5.8, including an older youth who previously was a child in need of services who is eligible for collaborative care under IC 31-28-5.8.
[Pre-1997 Recodification Citation: 31-6-2-3(d).]
As added by P.L.1-1997, SEC.13. Amended by P.L.48-2012, SEC.37.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 30. Juvenile Law: Juvenile Court Jurisdiction › Chapter 2. Continuing Jurisdiction › 31-30-2-5. Satisfaction of Restitution Order

Sec. 5. If any part of an order of restitution remains unpaid at the time a child is released by the department of correction, the court may reinstate jurisdiction over the child and place the child under the supervision of the probation department until the restitution order is satisfied.
[Pre-1997 Recodification Citation: 31-6-2-3(e).]
As added by P.L.1-1997, SEC.13.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 30. Juvenile Law: Juvenile Court Jurisdiction › Chapter 3. Waiver of Jurisdiction › 31-30-3-1. Waiver of Jurisdiction Defined

Sec. 1. Waiver of jurisdiction refers to an order of the juvenile court that waives the case to a court that would have jurisdiction had the act been committed by an adult. Waiver is for the offense charged and all included offenses.
[Pre-1997 Recodification Citation: 31-6-2-4(a).]
As added by P.L.1-1997, SEC.13.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 30. Juvenile Law: Juvenile Court Jurisdiction › Chapter 3. Waiver of Jurisdiction › 31-30-3-2. Heinous or Aggravated Act, or Act as Part of Repetitive Pattern of Delinquent Acts

Sec. 2. Upon motion of the prosecuting attorney and after full investigation and hearing, the juvenile court may waive jurisdiction if it finds that:
(1) the child is charged with an act that is a felony:
(A) that is heinous or aggravated, with greater weight given to acts against the person than to acts against property; or
(B) that is a part of a repetitive pattern of delinquent acts, even though less serious;
(2) the child was at least fourteen (14) years of age when the act charged was allegedly committed;
(3) there is probable cause to believe that the child committed the act;
(4) the child is beyond rehabilitation under the juvenile justice system; and
(5) it is in the best interests of the safety and welfare of the community that the child stand trial as an adult.
[Pre-1997 Recodification Citation: 31-6-2-4(b).]
As added by P.L.1-1997, SEC.13. Amended by P.L.67-2008, SEC.3.
2023 Indiana Code › Title 31. Family Law and Juvenile Law › Article 30. Juvenile Law: Juvenile Court Jurisdiction › Chapter 3. Waiver of Jurisdiction › 31-30-3-3. Act That Would Be Felony Relating to Controlled Substances

Sec. 3. Upon motion of the prosecuting attorney and after a full investigation and a hearing, the court may waive jurisdiction if it finds that:
(1) the child is charged with an act that, if committed by an adult, would be a felony under IC 35-48-4;
(2) there is probable cause to believe that the child has committed the act;
(3) the child was at least sixteen (16) years of age when the act was allegedly committed; and
(4) it is in the best interests of the safety and the welfare of the community for the child to stand trial as an adult.
[Pre-1997 Recodification Citation: 31-6-2-4(c).]
As added by P.L.1-1997, SEC.13.