Title 31, FAMILY LAW AND JUVENILE LAW

Sec. 1. A man is presumed to be a child's biological father if: (1) the: (A) man and the child's biological mother are or have been married to each other; and (B) child is born during the marriage or not later than three hundred (300) days after the marriage is terminated by deat…

Sec. 2. (a) If there is not a presumed biological father under section 1 of this chapter, there is a rebuttable presumption that a man is the child's biological father if, with the consent of the child's mother, the man: (1) receives the child into the man's home; and (2) openly …

Sec. 3. A man is a child's legal father if the man executed a paternity affidavit in accordance with IC 16-37-2-2.1 and the paternity affidavit has not been rescinded or set aside under IC 16-37-2-2.1. As added by P.L.138-2001, SEC.8.

Sec. 0.2. The rebuttable presumption established under IC 31-1-11.5-11(c) (before its repeal, now codified at section 5 of this chapter), as amended by P.L.283-1987, does not apply to the division of marital property in actions for marriage dissolution filed before September 1, 1…

Sec. 0.3. The general assembly: (1) recognizes that reform of certain elements concerning the manner in which property of spouses is transferred upon the death of a spouse, when there is no will, has become necessary; (2) recognizes inconsistencies in the manner in which the prop…

Sec. 1. The court may order maintenance in: (1) final dissolution of marriage decrees entered under IC 31-15-2-16; and (2) legal separation decrees entered under IC 31-15-3-9; after making the findings required by section 2 of this chapter. [Pre-1997 Recodification Citation: 31-1…

Sec. 10. Notwithstanding any other law, all orders and awards contained in a dissolution of marriage decree or legal separation decree may be enforced by: (1) contempt; (2) an income withholding order; or (3) any other remedies available for the enforcement of a court order; exce…

Sec. 2. A court may make the following findings concerning maintenance: (1) If the court finds a spouse to be physically or mentally incapacitated to the extent that the ability of the incapacitated spouse to support himself or herself is materially affected, the court may find t…

Sec. 3. Provisions of an order with respect to maintenance ordered under section 1 of this chapter (or IC 31-1-11.5-9(c) before its repeal) may be modified or revoked. Except as provided in IC 31-16-8-2, modification may be made only: (1) upon a showing of changed circumstances s…

Sec. 4. (a) In an action for dissolution of marriage under IC 31-15-2-2, the court shall divide the property of the parties, whether: (1) owned by either spouse before the marriage; (2) acquired by either spouse in his or her own right: (A) after the marriage; and (B) before fina…

Sec. 5. The court shall presume that an equal division of the marital property between the parties is just and reasonable. However, this presumption may be rebutted by a party who presents relevant evidence, including evidence concerning the following factors, that an equal divis…

Sec. 6. If the court finds there is little or no marital property, the court may award either spouse a money judgment not limited to the property existing at the time of final separation. However, this award may be made only for the financial contribution of one (1) spouse toward…

Sec. 7. The court, in determining what is just and reasonable in dividing property under this chapter, shall consider the tax consequences of the property disposition with respect to the present and future economic circumstances of each party. [Pre-1997 Recodification Citation: 3…

Sec. 8. Upon entering an order under this chapter, the court may provide for the security, bond, or other guarantee that is satisfactory to the court to secure the division of property. [Pre-1997 Recodification Citation: 31-1-11.5-15 part.] As added by P.L.1-1997, SEC.7.

Sec. 9.1. (a) The orders concerning property disposition entered under this chapter (or IC 31-1-11.5-9 before its repeal) may not be revoked or modified, except in case of fraud. (b) If fraud is alleged, the fraud must be asserted not later than six (6) years after the order is e…

Sec. 1. (a) The court periodically may order a party to pay a reasonable amount for the cost to the other party of maintaining or defending any proceeding under IC 31-17-2, IC 31-17-4, IC 31-17-6, or this chapter and for attorney's fees and mediation services, including amounts f…

Sec. 2. Neither costs nor attorney's fees may be taxed against an agency or its agents that is authorized to maintain proceedings under IC 31-17-2, IC 31-17-4, IC 31-17-6, or this chapter by Title IV-D of the federal Social Security Act (42 U.S.C. 651 through 669) and IC 31-25-4-…

Sec. 1. (a) A child may not be placed in a proposed adoptive home without the prior written approval of a licensed child placing agency or the local office approved for that purpose by the department. (b) Except as provided in subsection (d), before giving prior written approval …

Sec. 2. Whenever the written approval for placement of a child in a proposed adoptive home is obtained from a licensed child placing agency, the consent of the department is not required unless the child is a ward of the department. [Pre-1997 Recodification Citation: 31-3-1-3 par…

Sec. 3. Approval under this chapter for placement in a proposed adoptive home must be filed with the petition for adoption. [Pre-1997 Recodification Citation: 31-3-1-3 part.] As added by P.L.1-1997, SEC.11.

Sec. 1. In applying and construing this article, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. As added by P.L.138-2007, SEC.45.

Sec. 2. If a provision of this article or its application to a person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this article that can be given effect without the invalid provision or application, and to this end the provis…

Sec. 3. A motion or other request for relief made: (1) in a child custody proceeding; or (2) to enforce a child custody determination; that was commenced before July 1, 2007, is governed by the law in effect at the time the motion or other request was made. As added by P.L.138-20…

Sec. 1. As used in this chapter, "base rate" has the same meaning as set forth in 465 IAC 2-16-4 (as in effect on December 31, 2021). As added by P.L.173-2022, SEC.4.

Sec. 2. As used in this chapter, "child services provider" means the following: (1) A child caring institution, as defined in IC 31-9-2.1-42. (2) A group home, as defined in IC 31-9-2.1-115. (3) A licensed child placing agency, as defined in IC 31-9-2.1-46. (4) A secure private f…

Sec. 3. As used in this chapter, "cost report" has the meaning set forth in 465 IAC 2-16-5 (as in effect on December 31, 2021). As added by P.L.173-2022, SEC.4.

Sec. 4. For purposes of this chapter, the department shall determine whether a cost is reasonable based on what a reasonable person would pay in the same or similar circumstances for the same or similar item or service. As added by P.L.173-2022, SEC.4.

Sec. 5. (a) A child services provider may request a review of the base rates approved by the department if the child services provider believes that an error or omission was made in the: (1) cost report that the child services provider submitted to the department; (2) department'…

Sec. 6. If the child services provider proves that a cost was previously covered for any provider, or is associated with: (1) accreditation; (2) staff safety; (3) child safety; or (4) a department requirement; the department may give special consideration to approval of the cost.…

Sec. 1. If the department temporarily places a child with: (1) an unlicensed kinship caregiver; or (2) a de facto custodian; the department may not remove the child from the home of the unlicensed kinship caregiver or de facto custodian solely on the basis of the unlicensed kinsh…

Sec. 1. Juvenile courts situated in adjacent counties may establish joint or multiple county guardian ad litem or court appointed special advocate services to carry out IC 31-34 and IC 31-37. [Pre-1997 Recodification Citation: 31-6-4-18(j) part.] As added by P.L.1-1997, SEC.14.…

Sec. 2. A juvenile court may contract to provide guardian ad litem or court appointed special advocate services for purposes of carrying out IC 31-34 and IC 31-37. [Pre-1997 Recodification Citation: 31-6-4-18(j) part.] As added by P.L.1-1997, SEC.14.

Sec. 1. If a child is alleged to be a delinquent child or a child in need of services, proceedings under the juvenile law may be commenced in the county: (1) where the child resides; (2) where the act occurred; or (3) where the condition exists. [Pre-1997 Recodification Citation:…

Sec. 2. A change of venue from the county may not be granted except under section 3 of this chapter. [Pre-1997 Recodification Citation: 31-6-7-7(b).] As added by P.L.1-1997, SEC.15.

Sec. 3. (a) Upon: (1) the juvenile court's own motion; (2) the motion of a child; or (3) the motion of the child's parent, guardian, or custodian; the juvenile court may assign a case to a juvenile court in the county of a child's residence at any time before the dispositional he…

Sec. 1. The department shall arrange for receipt, on a twenty-four (24) hour, seven (7) day per week basis, of all reports under this article of suspected child abuse or neglect. [Pre-1997 Recodification Citation: 31-6-11-11(a).] As added by P.L.1-1997, SEC.16. Amended by P.L.234…

Sec. 2. To carry out section 1 of this chapter, the department must use a phone access system for receiving calls that is standardized among all counties. The department shall adopt rules under IC 4-22-2 for the administration of this section. [Pre-1997 Recodification Citation: 3…

Sec. 3. The department shall cause to be inserted in each local telephone directory in the county a listing of the child abuse hotline's telephone number under the name "child abuse hotline". The child abuse hotline number under this section must be included with the other emerge…

Sec. 4. (a) Except as provided in subsection (b), the department shall make a written report of a child who may be a victim of child abuse or neglect not later than forty-eight (48) hours after receipt of the oral or written report required of individuals by IC 31-33-5-4. (b) The…

Sec. 5. A copy of the written report of the department shall immediately be made available to: (1) the appropriate law enforcement agency; (2) the prosecuting attorney; and (3) in a case involving death, the coroner for the coroner's consideration. [Pre-1997 Recodification Citati…

Sec. 6. Upon receiving a written report under section 5(3) of this chapter, the coroner shall: (1) accept a report for investigation; and (2) report the coroner's findings to: (A) the appropriate law enforcement agency; (B) the prosecuting attorney; (C) the department; and (D) th…

Sec. 7. (a) When a law enforcement agency receives an initial report under IC 31-33-5-4 that a child may be a victim of child abuse or neglect, the law enforcement agency shall: (1) immediately communicate the report to the department, whether or not the law enforcement agency ha…

Sec. 8. (a) This section applies if the department receives a report of suspected child abuse or neglect from: (1) a hospital; (2) a community mental health center; (3) a managed care provider (as defined in IC 12-7-2.1-219); (4) a referring physician; (5) a dentist; (6) a licens…

Sec. 1. A person may give an intake officer written information indicating that a child is a child in need of services. If the intake officer completing the preliminary inquiry has reason to believe that the child is a child in need of services, the intake officer shall: (1) make…

Sec. 2. The intake officer shall send to the attorney for the department a copy of the preliminary inquiry. The intake officer shall recommend whether to: (1) file a petition; (2) file a petition and recommend that the child be referred for an assessment by a dual status assessme…