Title 31, FAMILY LAW AND JUVENILE LAW

Sec. 1. Except as provided by IC 31-19-2.5-4, if: (1) on or before the date the mother of a child executes a consent to the child's adoption, the mother has provided an attorney or agency arranging the adoption with the name and address of the putative father; and (2) the putativ…

Sec. 13. The Indiana Rules of Trial Procedure do not apply to the provision of notice under this chapter. As added by P.L.200-1999, SEC.18. Amended by P.L.203-2021, SEC.12.

Sec. 2. Except as provided by IC 31-19-2.5-4, if: (1) on or before the date the mother of a child executes a consent to the child's adoption, the mother has not provided an attorney or agency arranging the adoption with the name or address, or both, of the putative father of the …

Sec. 3. (a) Except as provided in subsection (c), if: (1) the mother of a child: (A) informs an attorney or agency arranging the child's adoption, on or before the date the child's mother executes a consent to the child's adoption, that the child was conceived outside Indiana; an…

Sec. 4. Notice of the adoption proceeding required under section 3 of this chapter shall be given to an unnamed putative father in substantially the following form: "NOTICE TO UNNAMED FATHER The unnamed putative father of the child born to ______ (mother's name) on _____ (date), …

Sec. 5. Notice of the adoption proceeding shall be given to: (1) the putative father who is entitled to notice under section 1 or 2 of this chapter; or (2) a named putative father under section 3 of this chapter; in substantially the following form: "NOTICE TO NAMED FATHER ______…

Sec. 6. Except as provided in section 3 of this chapter, if: (1) on or before the date the mother of a child executes a consent to the child's adoption, the mother does not disclose to the attorney or agency arranging the adoption the identity or address, or both, of the putative…

Sec. 7. If a putative father is entitled to notice under section 1, 2, or 3 of this chapter, upon service of notice to the putative father under IC 31-19-2.5-6, no further efforts to give notice to the putative father are necessary, regardless of whether the putative father actua…

Sec. 8. (a) The notice required by this chapter may be waived in writing before or after the birth of a child. (b) A waiver of notice under subsection (a) must: (1) be in writing and signed in the presence of a notary public; and (2) acknowledge that: (A) the waiver is irrevocabl…

Sec. 9. The notice required by this chapter is not necessary: (1) if actual notice has been given to a putative father under IC 31-19-3; or (2) if: (A) a person has attempted to give notice to a putative father at a particular address under IC 31-19-3; and (B) the putative father…

Sec. 1. An Indiana court may communicate with a court in another state concerning a proceeding arising under this article. As added by P.L.138-2007, SEC.45.

Sec. 10. Travel and other necessary and reasonable expenses incurred under sections 8 and 9 of this chapter may be assessed against the parties according to Indiana law. As added by P.L.138-2007, SEC.45.

Sec. 11. An Indiana court shall preserve the: (1) pleadings; (2) orders; (3) decrees; (4) records of hearings; (5) evaluations; and (6) other pertinent records; with respect to a child custody proceeding until the child becomes eighteen (18) years of age. On appropriate request b…

Sec. 2. The court may allow the parties to participate in the communication. If the parties are not able to participate in the communication, the parties must be given the opportunity to present facts and legal arguments before a decision on jurisdiction is made. As added by P.L.…

Sec. 3. Communication between courts regarding: (1) schedules; (2) calendars; (3) court records; and (4) similar matters; may occur without informing the parties. A record need not be made of the communication. As added by P.L.138-2007, SEC.45.

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

Sec. 5. In addition to other procedures available to a party, a party to a child custody proceeding may offer testimony of witnesses who are located in another state, including testimony of the parties and the child, by deposition or other means allowable in Indiana for testimony…

Sec. 6. An Indiana court may permit a person residing in another state to be deposed or to testify by: (1) telephone; (2) audiovisual means; or (3) other electronic means; before a designated court or another location in that state. An Indiana court shall cooperate with courts in…

Sec. 7. Documentary evidence transmitted from another state to an Indiana court by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the means of transmission. As added by P.L.138-2007, SEC.45.

Sec. 8. An Indiana court may request the appropriate court of another state to do the following: (1) Hold an evidentiary hearing. (2) Order a person to produce or give evidence under the procedures of the other state. (3) Order that an evaluation be made with respect to the custo…

Sec. 9. On the request of a court of another state, an Indiana court may: (1) hold a hearing; and (2) enter an order described in section 8 of this chapter. As added by P.L.138-2007, SEC.45.

Sec. 1. As used in this chapter, "bureau" refers to the child support bureau established by IC 31-25-3-1. As added by P.L.145-2006, SEC.271.

Sec. 10. The bureau shall make the agreements and maintain the communications necessary with the agency that administers Title IV-A of the federal Social Security Act to ensure proper operation of the total program. Prompt notice for action in all cases must be given between the …

Sec. 11. (a) The bureau shall maintain the state case registry required under 42 U.S.C. 654A(e). (b) The state case registry must contain the following: (1) Records of each case in which the bureau provides services. (2) Each child support order established or modified after Sept…

Sec. 12. The bureau shall make all contact with the federal courts necessary under federal law and guidelines. As added by P.L.145-2006, SEC.271.

Sec. 13.1. (a) This section applies after December 31, 2006. (b) The bureau shall make the agreements necessary for the effective administration of the plan with local governmental officials within Indiana. The bureau shall contract with: (1) a prosecuting attorney; (2) a private…

Sec. 14.1. (a) This section applies after December 31, 2006. (b) The bureau shall establish a program to allow a prosecuting attorney with which the bureau has contracted under section 13.1 of this chapter to contract with a collection agency licensed under IC 25-11 to provide ch…

Sec. 15. (a) The judge of a court having jurisdiction over actions arising under Title IV-D of the Social Security Act (42 U.S.C. 651) shall, when necessary to satisfy the federal requirement of expedited process for obtaining and enforcing support orders (42 U.S.C. 666(a)(2); 42…

Sec. 16. The bureau may contract for services from nongovernmental providers under the guidelines established for all state agency contracts. As added by P.L.145-2006, SEC.271.

Sec. 17. (a) The bureau shall do the following: (1) Collect support payments when the payments have been assigned to the state by the application for assistance under Title IV-A. (2) Assist in obtaining a support order, including an order for health insurance coverage under: (A) …

Sec. 17.5. (a) If the bureau or the clerk of the circuit court determines that a recipient of a court ordered support obligation has received a payment that the recipient is not entitled to because the payment: (1) was distributed to the incorrect recipient; (2) was made due to f…

Sec. 18. (a) Under 42 U.S.C. 666, the bureau has the authority, without a court order, to order genetic testing to establish paternity. (b) The bureau may not order genetic testing as provided under this section without a request from a local child support attorney where an order…

Sec. 19. All services provided under section 17 of this chapter and IC 31-25-3-2 must be available to individuals (other than recipients or applicants for the federal Temporary Assistance for Needy Families (TANF) program (45 CFR 265)) upon application for the services, as requir…

Sec. 19.5. (a) If a Title IV-D agency collects child support payments of at least the threshold amount established under 42 U.S.C. 654(6) on behalf of an individual who has never received Title IV-A assistance, the Title IV-D agency shall collect a fee in accordance with 42 U.S.C…

Sec. 2. As used in this chapter, "delinquent" means at least: (1) two thousand dollars ($2,000); or (2) three (3) months; past due on payment of court ordered child support. As added by P.L.145-2006, SEC.271.

Sec. 20. The bureau may receive the federal money available for the administration of Title IV-D of the federal Social Security Act and shall distribute money collected in accordance with federal regulations. As added by P.L.145-2006, SEC.271.

Sec. 21. (a) The bureau shall observe all possible safeguards for information obtained by the bureau with the minimum standard for the safeguards to be the federal regulations governing the safeguarding of information under this program. (b) The bureau or the prosecuting attorney…

Sec. 22. The bureau shall establish procedures for providing information to a consumer reporting agency (as defined by the federal Fair Credit Reporting Act (15 U.S.C. 1681a(f))) concerning the amount of overdue support owed by a parent. Information provided under this section mu…

Sec. 23. (a) Subject to subsection (d), the Title IV-D agency shall provide incentive payments to counties for enforcing and collecting the support rights that have been assigned to the state. The incentive payments shall be made by the Title IV-D agency directly to the county an…

Sec. 23.5. (a) Each county that receives payments under section 23(a)(1) of this chapter shall establish a Title IV-D incentive fund. (b) The incentive payments under section 23(a)(1) of this chapter shall be paid into the fund. (c) Money in the fund may be used only for child su…

Sec. 24. (a) Each circuit court clerk shall do the following: (1) Before January 1, 2007, receive support money assigned to the state and paid under the terms of a court order in the clerk's jurisdiction and pay the money to the Title IV-D agency within the time limits establishe…

Sec. 25. The amounts appropriated for duties performed by prosecuting attorneys, circuit court clerks, or other agents under this chapter shall be distributed directly from the department of child services. As added by P.L.145-2006, SEC.271. Amended by P.L.146-2006, SEC.25; P.L.1…

Sec. 26. (a) A recipient of the federal Temporary Assistance for Needy Families (TANF) program (45 CFR 265) who is aggrieved by the action of the Title IV-D agency in paying or not paying money to the recipient out of the support money collected by the agency under an assignment …

Sec. 27. The director of the department shall adopt rules necessary to implement Title IV-D of the federal Social Security Act and this chapter. The department shall send a copy of each proposed or adopted rule to the interim study committee on public health, behavioral health, a…

Sec. 28. A sufficient amount must be appropriated annually out of the state general fund for the administration of this chapter. As added by P.L.145-2006, SEC.271.

Sec. 29. (a) The bureau may, with the consent of the budget agency, establish child support enforcement revolving funds for the deposit of a part of the child support money collected by the bureau under this chapter. (b) The amount of money to be deposited in a revolving fund est…