Title 31, FAMILY LAW AND JUVENILE LAW

Sec. 3. Except as provided in section 4 of this chapter, an Indiana court may not modify a child custody determination made by a court of another state unless an Indiana court has jurisdiction to make an initial determination under section 1(a)(1) or 1(a)(2) of this chapter and: …

Sec. 4. (a) An Indiana court has temporary emergency jurisdiction if the child is present in Indiana and: (1) the child has been abandoned; or (2) it is necessary in an emergency to protect the child because: (A) the child; (B) the child's sibling; or (C) the child's parent; is s…

Sec. 5. (a) Before a child custody determination is made under this article, notice and an opportunity to be heard in accordance with the standards of IC 31-21-3-3 must be given to the following persons: (1) Persons entitled to notice under Indiana law as in child custody proceed…

Sec. 6. (a) Except as otherwise provided in section 4 of this chapter, an Indiana court may not exercise its jurisdiction under this article if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child has been commenced in a court of an…

Sec. 7. In a proceeding to modify a child custody determination, an Indiana court shall determine whether a proceeding to enforce the determination has been commenced in another state. If a proceeding to enforce a child custody determination has been commenced in another state, t…

Sec. 8. (a) An Indiana court that has jurisdiction under this article to make a child custody determination may decline to exercise its jurisdiction at any time if the Indiana court determines that: (1) the Indiana court is an inconvenient forum under the circumstances; and (2) a…

Sec. 9. (a) Except as otherwise provided in section 4 of this chapter or by any other Indiana law, if an Indiana court has jurisdiction under this article because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise…

Sec. 1. As used in this chapter, "ombudsman" refers to the office of the department of child services ombudsman established within the Indiana department of administration by IC 4-13-19-3. The term includes an employee of the office of the department of child services ombudsman o…

Sec. 2. The department and the juvenile court with jurisdiction over a child shall provide the ombudsman with: (1) appropriate access to all records of the department concerning the child, excluding adoption records, but including all records of the department related to vendors …

Sec. 1. As used in this chapter, "child at imminent risk of placement" means a child less than eighteen (18) years of age who reasonably may be expected to face in the near future out-of-home placement under IC 31-27 through IC 31-28 and IC 31-30 through IC 31-40 as a result of a…

Sec. 2. The department may contract to provide or provide, when appropriate, within the limits of available funding, family preservation services to families with a child at imminent risk of placement. As added by P.L.145-2006, SEC.272.

Sec. 2.5. (a) Beginning October 1, 2019, the department shall use a per diem model to reimburse community based providers for providing family preservation services. (b) The department shall develop, and update as needed, procedures to determine an appropriate per diem rate under…

Sec. 3. (a) Family preservation services may provide: (1) comprehensive, coordinated, flexible, and accessible services; (2) intervention as early as possible with emphasis on establishing a safe and nurturing environment; (3) services to families who have members placed in care …

Sec. 4. Family preservation services must be delivered: (1) only to families and in situations where the services may reasonably be expected to avoid out-of-home placement of the child; and (2) to afford effective protection of the child, the family, and the community. As added b…

Sec. 5. (a) Family preservation services must include the following: (1) A twenty-four (24) hour crisis intervention service. (2) Risk assessment, case management, and monitoring. (3) Intensive in-home skill building and counseling. (4) After-care linkage. (b) The following servi…

Sec. 6. A caseworker who provides family preservation services may retain a maximum caseload of twelve (12) families. As added by P.L.145-2006, SEC.272.

Sec. 7. (a) An employee of a provider of home based family preservation services 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…

Sec. 1. (a) A person may not operate a group home without a license issued under this article. (b) The state or a political subdivision of the state may not operate a group home without a license issued under this article. (c) A person may not operate a group home if: (1) the num…

Sec. 10. A group home 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. 11. (a) The department may grant a waiver of the maximum stay for a child if the group home licensed as a shelter care facility applies for the waiver before the expiration of the maximum stay. (b) The group home shall document in the request for a waiver that the waiver is …

Sec. 12. (a) The department shall deny a license when an applicant fails to meet the requirements for a license. (b) The department shall send the applicant written notice by certified mail that the application has been denied and give the reasons for the denial. (c) An administr…

Sec. 13. The department shall investigate any premises that the department has reason to believe are being used for child care without a license in circumstances where a license is required. As added by P.L.145-2006, SEC.273.

Sec. 14. (a) A license for a group home expires four (4) years after the date of issuance, unless the license is revoked or voluntarily returned. (b) A license issued under this chapter: (1) is not transferable; (2) applies only to the licensee and the location stated in the appl…

Sec. 15. (a) The department may place a licensee on probationary status if the licensee is temporarily unable to comply with a rule and if: (1) the noncompliance does not present an immediate threat to the health and well-being of the children in the care of the licensee; (2) the…

Sec. 16. (a) The department shall keep written records of the monitoring activities and inspections. (b) The department of homeland security shall perform inspections of group homes in accordance with IC 22-14-2-11. As added by P.L.145-2006, SEC.273. Amended by P.L.28-2026, SEC.4…

Sec. 17. 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 16 of this chapter, including permitting the department, the department of homeland security, or any other sta…

Sec. 17.5. 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.23.

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

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 group home is in substantial compliance with food, health, safety, and sanitation standards as determined 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 licensee. The request must be made not more than thirty (30) days after the licensee receives notice under section …

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

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

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

Sec. 29. (a) The department shall investigate a report of a licensed group home's noncompliance with this article and the rules adopted under this article. If there is reasonable cause to believe that noncompliance with this article and rules adopted under this article creates an…

Sec. 3. (a) This section applies to: (1) a restriction; (2) a reservation; (3) a condition; (4) an exception; or (5) a covenant; that is created after June 30, 1990, in a subdivision plat, deed, or other instrument of or pertaining to the transfer, sale, lease, or use of property…

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 departmental decision is issued under sections 20 through 21 of this chapter if notice of an enforcement …

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 group home 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 under this articl…

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

Sec. 34. A court order granted under section 33(b)(2) of this chapter expires when the group home 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) An applicant must apply for a group home license on forms provided by the department. (b) An applicant must submit the required information as part of the application. (c) An applicant must submit with the application a statement attesting the following: (1) Whether t…

Sec. 4.5. (a) An employee of a group home 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 hire; and (2)…

Sec. 5. (a) A county may establish a child group home. The group home 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) This section does not a…

Sec. 6. (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…