Title 31, FAMILY LAW AND JUVENILE LAW

Sec. 16. A licensee shall cooperate with the department and any other state agency working on behalf of the department in carrying out the activities required by section 15 of this chapter, including permitting the department, the department of homeland security, and any other st…

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. Sec. 17. The fire prevention and building safety commission may not adopt rules requiring the installation of a sprinkler system in a living unit of a licensed …

Sec. 18. (a) A licensee shall keep records regarding each child in the control and care of the licensee as the department requires and shall report to the department upon request the facts the department requires with reference to children. (b) The department shall keep records r…

Sec. 18.5. A licensee shall use the reasonable and prudent parent standard when determining whether to allow a child in foster care to participate in extracurricular, enrichment, cultural, and social activities. As added by P.L.104-2015, SEC.20.

Sec. 19. Except as provided in section 29 of this chapter, the department shall give a licensee thirty (30) days written notice by certified mail of an enforcement action. The licensee shall also be provided with the opportunity for an informal meeting with the department. The li…

Sec. 2. (a) A license may be issued only if the child caring institution is in substantial compliance with food, health, safety, and sanitation standards under rules adopted by the department under IC 31-27-2-4 or in accordance with a variance or waiver approved by the department…

Sec. 20. An administrative hearing concerning the decision of the department to impose a sanction under this chapter shall be provided upon a written request by the child caring institution. The request must be made not more than thirty (30) days after receiving notice under sect…

Sec. 21. A hearing requested under section 20 of this chapter shall be held in accordance with IC 4-21.5-3. As added by P.L.145-2006, SEC.273.

Sec. 26. A child caring institution shall cease operation when the license of the child caring institution is revoked. As added by P.L.145-2006, SEC.273.

Sec. 27. (a) After a license is revoked, the department shall notify in writing each person responsible for each child in care to ensure that those children are removed. (b) The written notice shall be sent to the last known address of the person responsible for the child in care…

Sec. 29. (a) The department shall investigate a report of a licensed child caring institution's noncompliance with this article or the rules adopted under this article. If there is reasonable cause to believe that a licensee's noncompliance with this article and rules adopted und…

Sec. 3. (a) An applicant must apply for a child caring institution license on forms provided by the department. (b) An applicant must submit the required information as part of the application. (c) The applicant must submit with the application a statement attesting the following…

Sec. 3.5. (a) An employee of a child caring institution shall undergo a background check to which the employee is required by federal law to submit for purposes of the employee's provision of child welfare services: (1) not later than four (4) years after the individual's date of…

Sec. 30. A court order granted under section 29(b)(2) of this chapter expires upon the later of the following: (1) Sixty (60) days after the order is issued. (2) When a final department decision is issued under sections 20 and 21 of this chapter if notice of an enforcement action…

Sec. 31. (a) The following constitute sufficient grounds for revocation of a license: (1) A determination by the department of child abuse or neglect by: (A) the licensee; or (B) an employee, volunteer, or contractor of the licensee. (2) A criminal conviction of the licensee, or …

Sec. 32. (a) A licensee shall operate a child caring institution in compliance with the rules established under this article and is subject to the disciplinary sanctions under subsection (b) if the department finds that the licensee has violated this article or a rule adopted und…

Sec. 33. (a) The department shall investigate a report of an unlicensed child caring institution and report the department's findings to the attorney general and to the local office and the prosecuting attorney in the county where the institution is located. (b) The attorney gene…

Sec. 34. A court order granted under section 33(b)(2) of this chapter expires when the child caring institution is issued a license. As added by P.L.145-2006, SEC.273.

Sec. 35. A person who knowingly or intentionally violates this chapter commits a Class B misdemeanor. As added by P.L.145-2006, SEC.273.

Sec. 4. (a) A county may establish a child caring institution. The child caring institution may be operated by: (1) the county; or (2) a public or private agency under contract with the county; and must be operated under the rules adopted by the director under this article. (b) T…

Sec. 5. (a) The following constitute sufficient grounds for a denial of a license application: (1) A determination by the department of child abuse or neglect by: (A) the applicant; or (B) an employee, volunteer, or contractor of the applicant. (2) A criminal conviction of the ap…

Sec. 6. The department may not act on an incomplete application. The department shall return an incomplete application with a notation concerning omissions. The return of an incomplete application is without prejudice. As added by P.L.145-2006, SEC.273.

Sec. 7. The department shall investigate a person seeking licensure to determine whether the person is in compliance with this article and the rules adopted under this article. The investigation shall be conducted at a reasonable time and in a reasonable manner, in announced or u…

Sec. 8. The department shall issue a license to a person who meets all of the license requirements when an investigation shows the applicant to be in compliance under this article. As added by P.L.145-2006, SEC.273.

Sec. 9. A child caring institution may be eligible to receive a waiver or variance from the requirements of this chapter by complying with IC 31-27-2-8. As added by P.L.145-2006, SEC.273.

Sec. 1. This chapter applies to children who receive foster care that is funded by the department. As added by P.L.145-2006, SEC.274. Amended by P.L.128-2012, SEC.148.

Sec. 2. The department shall maintain medical records for children who receive foster care. The department shall do the following: (1) Maintain a record of medical care provided to a foster child. (2) Facilitate a provider in providing appropriate care to a foster child. (3) Allo…

Sec. 3. (a) The local office shall maintain the medical record for a foster child when the child is placed in foster care. The record must remain with the child until: (1) the child is returned to the natural parents; (2) the child is adopted; or (3) a legal guardian is appointed…

Sec. 4. The director of the department shall adopt rules under IC 4-22-2 necessary to carry out this chapter. As added by P.L.145-2006, SEC.274.

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)…

Sec. 10. A waiver order must include specific findings of fact to support the order. [Pre-1997 Recodification Citation: 31-6-2-4(j).] As added by P.L.1-1997, SEC.13.

Sec. 11. The prosecuting attorney shall file a copy of the waiver order with the court to which the child has been waived when the prosecuting attorney files the indictment or information. [Pre-1997 Recodification Citation: 31-6-2-4(k).] As added by P.L.1-1997, SEC.13.

Sec. 12. (a) The following definitions apply throughout this section: (1) "Juvenile arrestee" means a child who: (A) is less than eighteen (18) years of age; (B) has been charged as an adult; and (C) is awaiting trial, sentencing, or other legal process. (2) "Sight or sound conta…

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 agains…

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…

Sec. 4. Upon motion of the prosecuting attorney and after full investigation and hearing, the juvenile court shall waive jurisdiction if it finds that: (1) the child is charged with an act that would be murder if committed by an adult; (2) there is probable cause to believe that …

Sec. 5. Except for those cases in which the juvenile court has no jurisdiction in accordance with IC 31-30-1-4, the court shall, upon motion of the prosecuting attorney and after full investigation and hearing, waive jurisdiction if it finds that: (1) the child is charged with an…

Sec. 6. Upon motion by the prosecuting attorney, the juvenile court shall waive jurisdiction if it finds that: (1) the child is charged with an act which would be a felony if committed by an adult; and (2) the child has previously been convicted of a felony or a nontraffic misdem…

Sec. 7. A motion to waive jurisdiction may not be made or granted after: (1) the child has admitted the allegations in the petition at the initial hearing; or (2) the first witness has been sworn at the factfinding hearing. [Pre-1997 Recodification Citation: 31-6-2-4(g).] As adde…

Sec. 8. If jurisdiction is waived, the juvenile court: (1) shall order the child held for proceedings in the court to which the child is waived; and (2) may fix a recognizance bond for the child to answer the charge in the court to which the child is waived. [Pre-1997 Recodificat…

Sec. 9. The finding of probable cause required to waive jurisdiction is sufficient to establish probable cause in the court to which the child is waived. [Pre-1997 Recodification Citation: 31-6-2-4(i).] As added by P.L.1-1997, SEC.13.

Sec. 1. This chapter applies to a judicial circuit having a population of not less than fifty thousand (50,000). [Pre-1997 Recodification Citation: 31-6-9-2(a).] As added by P.L.1-1997, SEC.14.

Sec. 2. (a) Except as provided in subsection (b), (c), or (d) after June 30, 2014, the judge of the juvenile court may appoint not more than one (1) full-time magistrate under IC 33-23-5. (b) The judge of the juvenile court may appoint more than one (1) full-time magistrate only …

Sec. 3. The judge of a juvenile court may appoint one (1) or more part-time juvenile court referees. [Pre-1997 Recodification Citation: 31-6-9-2(c) part.] As added by P.L.1-1997, SEC.14. Amended by P.L.98-2004, SEC.110; P.L.201-2011, SEC.10.

Sec. 4. A person appointed as a part-time juvenile court referee under this chapter must be admitted to the practice of law in Indiana. [Pre-1997 Recodification Citation: 31-6-9-2(c) part.] As added by P.L.1-1997, SEC.14.

Sec. 5. The county shall pay the salary of a part-time juvenile court referee appointed under this chapter. [Pre-1997 Recodification Citation: 31-6-9-2(c) part.] As added by P.L.1-1997, SEC.14.