Title 31, FAMILY LAW AND JUVENILE LAW

Sec. 6.5. (a) If a party fails to respond to an order to show cause issued under section 6(c) of this chapter by the date and time specified in the order to show cause, the court may issue a bench warrant for the party to be arrested and brought to the court to respond to the ord…

Sec. 7. If a court finds that a person is delinquent (as defined in IC 31-25-4-2) as a result of an intentional violation of an order for support, the court shall issue an order to the bureau of motor vehicles: (1) stating that the person is delinquent; and (2) ordering the follo…

Sec. 8. If a court finds that a person who is an applicant (as defined in IC 25-1-1.2-1), a practitioner (as defined in IC 25-1-1.2-6), an attorney, or a licensed teacher is delinquent (as defined in IC 31-25-4-2) as a result of an intentional violation of an order for support, t…

Sec. 9. If a court finds that a person who holds a license issued under IC 4-31-6, IC 4-33, or IC 4-35 is delinquent (as defined in IC 31-25-4-2) as a result of an intentional violation of an order for child support, the court shall issue an order to: (1) the Indiana horse racing…

Sec. 1. For each adoption and for each annulment or revocation of adoption decreed by an Indiana court, the clerk of the court shall prepare a record on a form prescribed and furnished by the Indiana department of health. The record must include the following: (1) All facts neces…

Sec. 2. (a) The official decree of each: (1) adoption; or (2) annulment or revocation of adoption; that is provided to the clerk of the circuit court for the official order book record must set forth all pertinent information that is necessary to make possible the establishment o…

Sec. 3. Not later than the tenth day of each calendar month, the clerk of the court shall forward to the Indiana department of health records of decrees of: (1) adoption; or (2) annulment, revocation, or amendment of adoption; entered in the preceding month, together with related…

Sec. 3.5. The Indiana department of health may not process a birth certificate with respect to a record for adoption that the Indiana department of health receives under this chapter unless the following has occurred regarding the adoption: (1) The adoption history fee and the pu…

Sec. 4. (a) When the Indiana department of health receives from a court a record of: (1) adoption; or (2) annulment, revocation, or amendment of adoption; for an individual born outside of Indiana, the Indiana department of health shall forward the record to the appropriate regis…

Sec. 5. (a) As used in this section, "record" includes the following: (1) A court document. (2) A medical record. (3) A social or medical history. (4) A photograph. (5) Correspondence being held for the benefit of: (A) a birth parent; (B) a person who was adopted; (C) an adoptive…

Sec. 1. If the procedures under IC 31-32-13 are followed, the juvenile court may authorize mental or physical examinations, including drug and alcohol screens, or treatment under the following circumstances: (1) If the court has not authorized the filing of a petition but a physi…

Sec. 2. (a) The juvenile court may order temporary confinement for not more than fourteen (14) days, excluding Saturdays, Sundays, and legal holidays, to complete the mental or physical examination of a child. (b) This section does not authorize a commitment under IC 12-26. [Pre-…

Sec. 3. Whenever an emergency has passed or whenever medical care is no longer necessary under section 1(2) of this chapter, the child shall be returned to the child's parent, guardian, or custodian unless: (1) a petition has been filed; and (2) the court has determined under IC …

Sec. 4. This chapter is in addition to, is not limited by, and does not limit IC 16-36-3. [Pre-1997 Recodification Citation: 31-6-7-12(d).] As added by P.L.1-1997, SEC.15.

Sec. 1. A finding by a juvenile court that a child committed a delinquent act, or that an adult committed a crime must be based upon proof beyond a reasonable doubt. [Pre-1997 Recodification Citation: 31-6-7-13(a) part.] As added by P.L.1-1997, SEC.17.

Sec. 2. Except as provided in IC 31-35-2-4.5(d), a finding in a proceeding to terminate parental rights must be based upon clear and convincing evidence. [Pre-1997 Recodification Citation: 31-6-7-13(a) part.] As added by P.L.1-1997, SEC.17. Amended by P.L.35-1998, SEC.8.

Sec. 3. A finding not covered by section 1 or 2 of this chapter must be based upon a preponderance of the evidence. [Pre-1997 Recodification Citation: 31-6-7-13(a) part.] As added by P.L.1-1997, SEC.17.

Sec. 4. A rebuttable presumption is raised that the child is a child in need of services because of an act or omission of the child's parent, guardian, or custodian if the state introduces competent evidence of probative value that: (1) the child has been injured; (2) at the time…

Sec. 4.5. (a) There is a rebuttable presumption that a child is a child in need of services if the state establishes that the child lives in the same household as an adult who: (1) committed an offense described in IC 31-34-1-2, IC 31-34-1-3, or IC 31-34-1-3.5 against a child and…

Sec. 4.6. (a) There is a rebuttable presumption that a child is a child in need of services if the court finds that the child lives in the same household as an adult who is subject to an order requiring the adult to participate in a program of care, treatment, or rehabilitation u…

Sec. 5. Evidence that a prior or subsequent act or omission by a parent, guardian, or custodian injured or neglected a child is admissible in proceedings alleging that a child is a child in need of services to show the following: (1) Intent, guilty knowledge, the absence of mista…

Sec. 6. Neither: (1) the physician-patient privilege; nor (2) the husband-wife privilege; is grounds for excluding evidence in a proceeding in which the child is alleged to be a child in need of services. [Pre-1997 Recodification Citation: 31-6-7-13(d).] As added by P.L.1-1997, S…

Sec. 7. (a) For purposes of an assessment by the department, if: (1) a parent, guardian, or custodian had care, custody, and control of the child immediately before the child died; (2) a law enforcement officer or an employee of the department had probable cause to believe the pa…

Sec. 8. A court may find that a child is not a child in need of services under IC 31-34-1-1 if the court finds, based on credible evidence presented by the child's parent, guardian, or custodian, that the parent, guardian, or custodian: (1) is financially unable to supply the chi…

Sec. 9. If: (1) a child is the subject of a petition alleging that the child is a child in need of services; and (2) a parent of the child has been convicted of committing: (A) aggravated battery (IC 35-42-2-1.5); (B) strangulation (IC 35-42-2-9); or (C) neglect of a dependent un…

Sec. 1. This chapter applies only to a child alleged to be a delinquent child. [Pre-1997 Recodification Citation: 31-6-4-13(a).] As added by P.L.1-1997, SEC.20.

Sec. 10. If a child is emancipated: (1) under IC 31-37-19-27; (2) by virtue of having married; or (3) in accordance with the laws of another state or jurisdiction; it is only necessary for the child to consent to the factfinding hearing or the dispositional hearing described in s…

Sec. 2. (a) The juvenile court shall hold an initial hearing on each petition. (b) The juvenile court shall set a time for the initial hearing. A summons shall be issued for the following: (1) The child. (2) The child's parent, guardian, custodian, or guardian ad litem. (3) Any o…

Sec. 3. (a) Before complying with the other requirements of this section, the juvenile court shall first determine whether counsel has been: (1) waived under IC 31-32-5; or (2) previously obtained. (b) If counsel has not been waived or previously obtained, the juvenile court shal…

Sec. 4. The court shall next determine whether the prosecuting attorney intends to seek a waiver of jurisdiction under IC 31-30-3. If a waiver is sought, the court: (1) may not accept an admission or a denial of the allegations from the child under section 9 of this chapter; and …

Sec. 5. The juvenile court shall inform the child and the child's parent, guardian, or custodian, if the person is present, of the following: (1) The nature of the allegations against the child. (2) The child's right to the following: (A) Be represented by counsel. (B) Have a spe…

Sec. 6. The juvenile court shall inform the parent or guardian of the estate of the following if a child is adjudicated a delinquent child: (1) The parent, guardian, or custodian of the child may be required to participate in a program of care, treatment, or rehabilitation for th…

Sec. 7. (a) If: (1) the prosecuting attorney has not requested that the juvenile court waive the court's jurisdiction; or (2) a waiver has been requested and denied; the juvenile court shall determine whether a child admits or denies the allegations of a petition. (b) A failure t…

Sec. 8. If a child admits the allegations of a petition, the juvenile court shall do the following: (1) Enter judgment accordingly. (2) Schedule a dispositional hearing. [Pre-1997 Recodification Citation: 31-6-4-13(h).] As added by P.L.1-1997, SEC.20.

Sec. 9. (a) If a child has admitted the allegations of a petition, the juvenile court may hold the dispositional hearing immediately after the initial hearing. (b) If a child denies the allegations, the juvenile court may hold the factfinding hearing immediately after the initial…

Sec. 1. A biological mother of a child born out of wedlock has sole legal custody of the child, except as provided in IC 16-37-2-2.1, and unless a statute or court order provides otherwise under the following: (1) IC 12-26 (involuntary commitment of a child). (2) IC 29-3 (guardia…

Sec. 10.2. Except as provided in IC 31-17-2.2-4, an individual who has or is seeking: (1) custody of a child; (2) parenting time with a child; or (3) grandparent's visitation under IC 31-17-5; shall at all times keep all other individuals who have or are seeking rights with the c…

Sec. 10.5. The following must comply with IC 31-17-2.2: (1) A nonrelocating individual. (2) A relocating individual. As added by P.L.186-2019, SEC.8.

Sec. 11. (a) If any party to a custody order applies for a passport for the child, the party who applies for the child's passport shall do the following not less than ten (10) days before applying for the child's passport: (1) File a notice of the passport application with the cl…

Sec. 12. (a) If a person files a petition to establish or modify custody of a child, any person who: (1) is a party to the custody proceeding; and (2) has knowledge that: (A) a party to the custody proceeding has been determined to be a perpetrator of a substantiated report of ch…

Sec. 2. The court shall determine custody in accordance with the best interests of the child. In determining the child's best interests, there is not a presumption favoring either parent. The court shall consider all relevant factors, including the following: (1) The age and sex …

Sec. 2.3. (a) In a proceeding to which this chapter applies, the court may award legal custody of a child jointly if the court finds that an award of joint legal custody would be in the best interest of the child. (b) An award of joint legal custody under this section does not re…

Sec. 2.5. (a) This section applies only if the court finds by clear and convincing evidence that the child has been cared for by a de facto custodian. (b) In addition to the factors listed in section 2 of this chapter, the court shall consider the following factors in determining…

Sec. 3. (a) The court may interview the child in chambers to ascertain the child's wishes. (b) The court may permit counsel to be present at the interview. (c) If counsel is present at the interview, a record may be made of the interview and made part of the record for purposes o…

Sec. 4. Except as otherwise provided in an order by a court, the custodial parent may determine the child's upbringing, which includes education, health care, and religious training, unless the court determines that the best interests of the child require a limitation on this aut…

Sec. 5. The court may order the probation department or any licensed child placing agency to supervise the placement to ensure that the custodial or parenting time terms of the decree are carried out if: (1) both parents or the child request supervision; or (2) the court finds th…