Title 31, FAMILY LAW AND JUVENILE LAW

Sec. 11. "Issuing state" means the state in which a child custody determination is made. As added by P.L.138-2007, SEC.45.

Sec. 12. "Modification" means a child custody determination that changes, replaces, supersedes, or is otherwise made after a previous determination concerning the same child, regardless of whether the determination is made by the court that made the previous determination. As add…

Sec. 13. "Person" means an individual, a corporation, a business trust, an estate, a trust, a partnership, a limited liability company, an association, a joint venture, a government, a governmental subdivision, an agency or instrumentality, a public corporation, or any other lega…

Sec. 14. "Person acting as a parent" means a person, other than a parent, who: (1) has physical custody of the child or has had physical custody for a period of at least six (6) consecutive months, including a temporary absence, within one (1) year immediately before the commence…

Sec. 15. "Petitioner" means a person who seeks enforcement of: (1) an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction; or (2) a child custody determination. As added by P.L.138-2007, SEC.45.

Sec. 16. "Physical custody" means the physical care and supervision of a child. As added by P.L.138-2007, SEC.45.

Sec. 17. "Record" means information that is: (1) inscribed on a tangible medium; or (2) stored in an electronic or other medium; and that is retrievable in a perceivable form. As added by P.L.138-2007, SEC.45.

Sec. 18. "Respondent" means a person against whom a proceeding has been commenced for enforcement of: (1) an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction; or (2) a child custody determination. As added by P.L.138-200…

Sec. 19. "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or a territory or an insular possession subject to the jurisdiction of the United States. As added by P.L.138-2007, SEC.45.

Sec. 2. "Abandoned" means left without provision for reasonable and necessary care or supervision. As added by P.L.138-2007, SEC.45.

Sec. 20. "Tribe" means an Indian tribe or band or Alaskan Native village that is: (1) recognized by federal law; or (2) formally acknowledged by a state. As added by P.L.138-2007, SEC.45.

Sec. 21. "Warrant" means an order issued by a court authorizing law enforcement officers to take physical custody of a child. As added by P.L.138-2007, SEC.45.

Sec. 3. "Child" means a person who is less than eighteen (18) years of age. As added by P.L.138-2007, SEC.45.

Sec. 4. (a) "Child custody determination" means a judgment, decree, or other court order providing for: (1) legal custody; (2) physical custody; or (3) visitation; with respect to a child. (b) The term does not include an order relating to child support or other monetary obligati…

Sec. 5. (a) "Child custody proceeding" means a proceeding in which legal custody, physical custody, or visitation with respect to a child is an issue. The term includes a proceeding for: (1) dissolution of marriage or legal separation; (2) child abuse or neglect; (3) guardianship…

Sec. 6. "Commencement" means the filing of the first pleading in a proceeding. As added by P.L.138-2007, SEC.45.

Sec. 7. "Court" means an entity authorized by state law to establish, enforce, or modify a child custody determination. As added by P.L.138-2007, SEC.45.

Sec. 8. "Home state" means the state in which a child lived with: (1) a parent; or (2) a person acting as a parent; for at least six (6) consecutive months immediately before the commencement of a child custody proceeding. In the case of a child less than six (6) months of age, t…

Sec. 9. "Initial determination" means the first child custody determination concerning a child. As added by P.L.138-2007, SEC.45.

Sec. 1. As used in this article, "department" refers to the department of child services established by IC 31-25-1-1. As added by P.L.145-2006, SEC.271.

Sec. 10. (a) This section applies after June 30, 2008. (b) The department of child services: (1) must have sufficient qualified and trained staff to: (A) fulfill the purpose of this article; (B) comply with the maximum caseload ratios for: (i) family case managers; and (ii) child…

Sec. 11. (a) Except in cases involving a child who may be a victim of institutional abuse or cases in which police investigation also appears appropriate, the department is the primary public agency responsible for: (1) receiving; (2) assessing or arranging for assessment of; and…

Sec. 11.1. Subject to IC 31-33-8-7, the department shall have direct in-person contact with an alleged victim of child abuse or neglect not more than thirty (30) days before the department: (1) concludes an assessment under IC 31-33; or (2) dismisses or terminates a child in need…

Sec. 11.5. (a) For purposes of an administrative proceeding regarding an action taken by the department, the director or the director's designee is the ultimate authority of the department. (b) A designee of the director under subsection (a) must be: (1) a deputy director of the …

Sec. 12. The department shall give notice of the existence and location of photographs, x-rays, and physical medical examination reports to: (1) the appropriate prosecuting attorney; and (2) the appropriate law enforcement agency, if the law enforcement agency has not already rec…

Sec. 13. Photographs, x-rays, or physical medical examination reports shall be made available to: (1) the law enforcement agency having jurisdiction; (2) the department; (3) the prosecuting attorney; (4) the guardian ad litem; or (5) the court appointed special advocate appointed…

Sec. 14. (a) The department shall cooperate with and shall seek and receive the cooperation of appropriate public and private agencies, including the following: (1) Law enforcement agencies. (2) The courts. (3) Organizations, groups, and programs providing or concerned with servi…

Sec. 14.5. (a) The department may use a child advocacy center to coordinate a multidisciplinary team for responding to, and through the conclusion of, reports involving child abuse or neglect. (b) A child advocacy center shall do the following: (1) Coordinate a multidisciplinary …

Sec. 15. (a) Notwithstanding any other law, the department may purchase and use the services of any public or private agency if adequate provision is made for continuity of care and accountability. (b) If the department purchases services under this article, the state shall reimb…

Sec. 16. (a) The department of child services child care fund is established for the purpose of providing training and facilitating compliance with and enforcement of IC 31-25 through IC 31-28. The fund shall be administered by the department. (b) The fund consists of the fees an…

Sec. 18. The department may adopt rules under IC 4-22-2 necessary to carry out the department's or bureau's duties under this article. As added by P.L.145-2006, SEC.271.

Sec. 19. (a) The department may charge the following adoption fees: (1) An adoption placement fee that may not exceed the actual costs incurred by the department for medical expenses of children and mothers. (2) A fee that does not exceed the time and travel costs incurred by the…

Sec. 2. The director may employ necessary personnel to carry out the department's responsibilities subject to: (1) the budget agency's approval under IC 4-12-1-13; and (2) IC 4-15-2.2. As added by P.L.145-2006, SEC.271. Amended by P.L.6-2012, SEC.206.

Sec. 2.5. The following are not personally liable, except to the state, for an official act done or omitted in connection with performance of duties under this title: (1) The director of the department. (2) Other officers and employees of the department. As added by P.L.146-2008,…

Sec. 20.1. (a) The department may receive and administer a gift, devise, or bequest of personal property, including the income from real property, that is: (1) to or for the benefit of a home or an institution in which formerly abused or neglected children are cared for under the…

Sec. 20.2. (a) This section does not apply to: (1) money received before January 1, 2009, to reimburse the county family and children's fund for expenditures made from the appropriations of the counties; or (2) money received after December 31, 2008, to reimburse the department f…

Sec. 20.4. (a) The department shall establish at least three (3) citizen review panels in accordance with the requirements of the federal Child Abuse Prevention and Treatment Act under 42 U.S.C. 5106a. (b) A citizen review panel consists of volunteer members who broadly represent…

Sec. 21. (a) As used in this section, "transitional services plan" means a plan that provides information concerning the following to an individual described in subsection (b): (1) Education. (2) Employment. (3) Housing. (4) Health care, including information concerning the indiv…

Sec. 22. (a) The department shall, at least one (1) time each month, provide to the Indiana department of health a list containing the names and dates of birth of children identified in the records of the department to whom all of the following apply: (1) The parent-child relatio…

Sec. 23. (a) The department shall establish a permanency roundtable (as defined in IC 31-9-2.1-176). The permanency roundtable shall review: (1) a child's permanency plan under IC 31-34-21-5.7 if the child is placed in a child caring institution, group home, or private secure fac…

Sec. 24. (a) Before December 31 of each year, the department shall annually prepare a report concerning all child fatalities or near fatalities in Indiana that are the result of child abuse or neglect in the preceding calendar year. The report must include the following informati…

Sec. 25. The department shall submit a report, not later than December 31 of each year, to the general assembly concerning the kinship care navigator program. The report must include the following information: (1) How the program has provided outreach to kinship care families, in…

Sec. 26. (a) The department may collaborate with public and private entities to implement or participate in programs, including technology based platforms, designed to connect the department and local offices with supportive local community organizations that may provide assistan…

Sec. 28. (a) Subject to federal approval, the department may enter into a written agreement with the department of state revenue to transfer the administration of the child support bureau established by IC 31-25-3 and all related duties to the department of state revenue. (b) If …

Sec. 29. (a) The department shall collaborate with: (1) at least one (1) individual who is at least eighteen (18) years of age and who has lived experience as a child within the child welfare system; (2) at least one (1) child placing agency; and (3) any other person with experti…

Sec. 3. The director shall determine the best manner of organizing the department to provide the necessary services throughout Indiana to fulfill the purposes of this article. As added by P.L.145-2006, SEC.271.