Title 31, FAMILY LAW AND JUVENILE LAW

Sec. 17. 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. 18. A hearing requested under section 17 of this chapter shall be held in accordance with IC 4-21.5-3. As added by P.L.145-2006, SEC.273.

Sec. 2. (a) An applicant must apply for a child placing agency 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: (1…

Sec. 2.5. (a) An employee of a child placing agency 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 hir…

Sec. 23. A child placing agency shall cease operation when the license of the child placing agency is revoked. As added by P.L.145-2006, SEC.273.

Sec. 24. (a) After the license of a child placing agency 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 child placing agency. (b) The written notice shall be sent to the last known…

Sec. 26. (a) The department shall investigate a report of a licensed child placing agency's noncompliance with this article and the rules adopted under this article. If there is reasonable cause to believe that a licensee's noncompliance with this article and rules adopted under …

Sec. 27. A court order granted under section 26(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 16 through 18 of this chapter if notice of an enforcement ac…

Sec. 28. (a) The following constitute sufficient grounds for revocation of a license: (1) A determination by the department of child abuse or neglect (as defined in IC 31-9-2.1-33) by: (A) the licensee; or (B) an employee, volunteer, or contractor of the licensee. (2) A criminal …

Sec. 29. (a) A licensee shall operate a child placing agency 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 t…

Sec. 3. (a) The following constitute sufficient grounds for 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 appl…

Sec. 30. (a) The department shall investigate a report of an unlicensed child placing agency and report the department's findings to the attorney general and to the local office and the prosecuting attorney in the county where the child placing agency is located. (b) The attorney…

Sec. 31. A court order granted under section 30(b)(2) of this chapter expires when the child placing agency is issued a license. As added by P.L.145-2006, SEC.273.

Sec. 32. 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. 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. 5. 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 un…

Sec. 6. 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. 7. A child placing agency 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. 8. (a) The department shall deny a license when an applicant fails to meet the requirements for a license. (b) If the department denies an applicant a license under subsection (a), the department shall send the applicant written notice by certified mail that the application …

Sec. 9. The department is responsible for investigating 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. 1. Subject to IC 31-28-4-1.5, the interstate compact for the placement of children is enacted into law under this chapter and entered into with all other jurisdictions legally joining the compact in a form consistent with the compact terms and provisions as stated in this se…

Sec. 1. (a) The reporter of the court having juvenile jurisdiction serves as the reporter for the juvenile court. (b) The reporter of the court shall report the proceedings of the juvenile court in the same manner and under the same laws governing reporters for other courts of re…

Sec. 1. All proceedings in the juvenile court involving adults charged with: (1) contempt of court; or (2) criminal charges; shall be tried in open court. [Pre-1997 Recodification Citation: 31-6-7-10(a).] As added by P.L.1-1997, SEC.15.

Sec. 2. The juvenile court shall determine whether the public should be excluded from a proceeding other than a juvenile proceeding described in section 3 of this chapter. [Pre-1997 Recodification Citation: 31-6-7-10(b).] As added by P.L.1-1997, SEC.15.

Sec. 3. Except as provided in section 4 of this chapter, a delinquency proceeding is open to the public whenever a petition alleging that the child has committed an act that would be murder or a felony if committed by an adult is filed under IC 31-37-10. [Pre-1997 Recodification …

Sec. 4. (a) Upon motion of the prosecuting attorney, the child, or the child's guardian ad litem, counsel, parent, guardian, or custodian, the court may issue an order closing a proceeding during the testimony of a child witness or child victim if the court finds that: (1) an all…

Sec. 5. In determining whether closing a proceeding is necessary to protect the welfare of a child witness or child victim, the court shall consider the following: (1) The nature of the allegation or defense. (2) The age of a child witness or child victim. (3) The psychological m…

Sec. 6. If a proceeding is closed to the public under section 4 of this chapter, the juvenile court shall: (1) make findings of fact concerning the closing of the proceeding; and (2) place the exclusion order in the file of the proceedings. [Pre-1997 Recodification Citation: 31-6…

Sec. 7. (a) Except as provided in subsection (b), all matters in juvenile court shall be tried to the court. (b) A trial of an adult charged with a crime shall be tried to a jury unless: (1) the adult requests a bench trial; or (2) the adult waives the right to a jury trial under…

Sec. 8. In proceedings involving: (1) the termination of the parent-child relationship; or (2) a child in need of services; the child may be excluded from any part of any hearing for good cause shown upon the record. [Pre-1997 Recodification Citation: 31-6-7-10(h).] As added by P…

Sec. 1. (a) Except as provided in subsection (b) and section 2 of this chapter, a person, other than a person accused of child abuse or neglect, who: (1) makes or causes to be made a report of a child who may be a victim of child abuse or neglect; (2) is a health care provider an…

Sec. 2. Immunity does not attach for a person who has acted with: (1) gross negligence; or (2) willful or wanton misconduct. [Pre-1997 Recodification Citation: 31-6-11-7 part.] As added by P.L.1-1997, SEC.16. Amended by P.L.106-2018, SEC.3.

Sec. 3. A person making a report that a child may be a victim of child abuse or neglect or assisting in any requirement of this article is presumed to have acted in good faith. [Pre-1997 Recodification Citation: 31-6-11-7 part.] As added by P.L.1-1997, SEC.16.

Sec. 1. A child alleged to be a child in need of services may not be held in: (1) a secure detention facility; (2) a community based correctional facility for children; (3) a juvenile detention facility; or (4) a shelter care facility that houses persons charged with, imprisoned …

Sec. 2. (a) A juvenile court or the department shall consider placing a child alleged to be a child in need of services with a suitable and willing relative or de facto custodian of the child before considering any other placement for the child. (b) A juvenile court or the depart…

Sec. 3. A juvenile court or the department may not place a child in a shelter care facility that is located outside the child's county of residence unless placement of the child in a comparable facility with adequate services located in the child's county of residence is unavaila…

Sec. 1. (a) If the juvenile or probate court terminates the parent-child relationship, the court may: (1) refer the matter to the court having probate jurisdiction for adoption proceedings; or (2) order any dispositional alternative specified by IC 31-34-20-1 or IC 31-37-19-1. (b…

Sec. 2. If the juvenile or probate court terminates the parent-child relationship and refers the matter to the court having probate jurisdiction for adoption proceedings, the guardian ad litem or court appointed special advocate shall do the following: (1) Provide the county depa…

Sec. 3. An appeal of a court's decision regarding the termination of the parent-child relationship does not prevent the court in the court's discretion from referring the matter for adoption proceedings while the appeal is pending. [Pre-1997 Recodification Citation: 31-6-5-5(c).]…

Sec. 4. (a) If the juvenile or probate court terminates the parent-child relationship: (1) all rights, powers, privileges, immunities, duties, and obligations, including any rights to custody, control, parenting time, or support, pertaining to the relationship, are permanently te…

Sec. 1. (a) This chapter applies only to a child alleged to be a delinquent child. (b) This chapter does not apply to a child less than twelve (12) years of age unless: (1) the child poses an imminent risk of harm to the community; or (2) the court makes a written finding that de…

Sec. 10. The juvenile court may require a child to surrender the child's driver's license as a condition of release to ensure the child's appearance at subsequent proceedings. [Pre-1997 Recodification Citation: 31-6-4-5(k).] As added by P.L.1-1997, SEC.20.

Sec. 2. If a child is not released, a detention hearing shall be held not later than forty-eight (48) hours, excluding Saturdays, Sundays, and legal holidays, after the child is taken into custody. [Pre-1997 Recodification Citation: 31-6-4-5(f) part.] As added by P.L.1-1997, SEC.…

Sec. 3. (a) Notice of the time, place, and purpose of a detention hearing shall be given to: (1) the child; (2) the child's parent, guardian, or custodian if the person can be located; and (3) each foster parent or other caretaker with whom the child has been placed for temporary…

Sec. 4. If a detention hearing is not held before the time specified by section 2 of this chapter, the child shall be released. [Pre-1997 Recodification Citation: 31-6-4-5(f) part.] As added by P.L.1-1997, SEC.20.

Sec. 5. The juvenile court: (1) shall inform the child and the child's parent, guardian, or custodian of the child's right to counsel and to refrain from testifying against himself or herself; and (2) may appoint counsel under IC 31-32-4. [Pre-1997 Recodification Citation: 31-6-4…