Title 31, FAMILY LAW AND JUVENILE LAW

Sec. 68. "Crime", for purposes of the juvenile law, means an offense for which an adult might be imprisoned or incarcerated if convicted under the law of the jurisdiction in which the offense is committed. As added by P.L.145-2026, SEC.161.

Sec. 69. "Crime involving domestic or family violence" means a crime that occurs when a family or household member commits, attempts to commit, or conspires to commit any of the following against another family or household member: (1) A homicide offense under IC 35-42-1. (2) A b…

Sec. 7. "Actual notice", for purposes of IC 31-19-3, means written notice that is actually received by the putative father. As added by P.L.145-2026, SEC.161.

Sec. 70. "Custodial parent", for purposes of IC 31-14-13-8, IC 31-14-15, IC 31-16-6-1.5, IC 31-16-12.5, IC 31-17-2-22, and IC 31-17-4, means the parent who has been awarded physical custody of a child by a court. As added by P.L.145-2026, SEC.161.

Sec. 71. (a) "Custodian", for purposes of the juvenile law, means a person with whom a child resides. (b) "Custodian", for purposes of IC 31-34-1, includes any person who is: (1) a license applicant or licensee of: (A) a foster home or residential child care facility that is requ…

Sec. 72. "De facto custodian", for purposes of IC 31-14-13, IC 31-17-2, and IC 31-34-4, means a person who has been the primary caregiver for, and financial support of, a child who has resided with the person for at least: (1) six (6) months if the child is less than three (3) ye…

Sec. 73. (a) "Delinquent", for purposes of IC 31-16-15, refers to a situation in which an obligor is the equivalent of one (1) month in arrears in the payment of child support ordered by a court. (b) "Delinquent", for purposes of IC 31-16-16, refers to a situation in which an obl…

Sec. 74. (a) "Delinquent child", for purposes of the juvenile law, except as provided in subsection (b), means: (1) a child described in IC 31-37-1-1; or (2) a child described in IC 31-37-2-1. (b) "Delinquent child", for purposes of IC 31-37-23, has the meaning set forth in IC 31…

Sec. 75. "Delinquent juvenile", for purposes of the Interstate Compact on Juveniles under IC 31-37-23-1, has the meaning set forth in IC 31-37-23-1. As added by P.L.145-2026, SEC.161.

Sec. 76. "Department", for purposes of this chapter, IC 31-19, and IC 31-25 through IC 31-40, has the meaning set forth in IC 31-25-2-1. As added by P.L.145-2026, SEC.161.

Sec. 77. "Dependent child" or "neglected child", for purposes of IC 31-37-23, has the meaning set forth in IC 31-37-23-5. As added by P.L.145-2026, SEC.161.

Sec. 78. "Destitute child", for purposes of this title, means an individual: (1) who is needy; (2) who is not a public ward; (3) who is less than eighteen (18) years of age; (4) who has been deprived of parental support or care because of a parent's: (A) death; (B) continued abse…

Sec. 79. "Detention tool" means a validated instrument that assesses a child's risk for rearrest in order to inform a decision on the use of secure detention. As added by P.L.145-2026, SEC.161.

Sec. 8. "Adoptee", for purposes of IC 31-19-17 through IC 31-19-25.5, means a person who has been legally adopted. As added by P.L.145-2026, SEC.161.

Sec. 80. "Diagnostic assessment" means a clinical evaluation provided by a certified professional in order to gather information to determine appropriate behavioral health treatment for a child. As added by P.L.145-2026, SEC.161.

Sec. 81. "Direct request", for purposes of the Uniform Interstate Family Support Act under IC 31-18.5, has the meaning set forth in IC 31-18.5-7-1. As added by P.L.145-2026, SEC.161.

Sec. 82. "Director", for purposes of IC 31-25-1, IC 31-25-2, IC 31-33, IC 31-34, and IC 31-37, refers to the director of the department of child services. As added by P.L.145-2026, SEC.161.

Sec. 82.5. "Discriminate", for purposes of IC 31-10-3.5, includes any one (1) or more of the following acts when done wholly or partially based on a person's sincerely held religious belief: (1) Denying or otherwise making unavailable any funding to the person, including: (A) a s…

Sec. 83. "Dissolution decree", for purposes of IC 31-15, IC 31-16, and IC 31-17, means a judicial decree entered in a proceeding for the dissolution of marriage which: (1) has the effect of terminating the marriage and restoring the parties to the state of unmarried persons; and …

Sec. 84. "Domestic or family violence" means, except for an act of self-defense, the occurrence of one (1) or more of the following acts committed by a family or household member: (1) Attempting to cause, threatening to cause, or causing physical harm to another family or househo…

Sec. 85. "Drug or alcohol screen test" means a test used to determine the presence or use of alcohol, a controlled substance, or a drug in a person's bodily substance. As added by P.L.145-2026, SEC.161.

Sec. 86. "Duty of support", for purposes of the Uniform Interstate Family Support Act under IC 31-18.5, has the meaning set forth in IC 31-18.5-1-2. As added by P.L.145-2026, SEC.161.

Sec. 87. "Early intervention advocate", for purposes of IC 31-32-3, means a volunteer or staff member of a preventative program who is appointed by the court as an officer of the court to assist, represent, and protect the interests of at-risk children. As added by P.L.145-2026, …

Sec. 88. "Emergency medical services provider" has the meaning set forth in IC 16-41-10-1. As added by P.L.145-2026, SEC.161.

Sec. 89. "Emergency shelter", for purposes of IC 31-27, means a short term place of residence, other than a private secure facility, that: (1) is not locked to prevent a child's departure unless the administrator determines that locking is necessary to protect the child's health;…

Sec. 9. "Adoption", for purposes of IC 31-19-17 through IC 31-19-25.5, means the judicial act of creating the relationship of parent and child where the relationship did not exist previously. As added by P.L.145-2026, SEC.161.

Sec. 90. "Evaluator", for purposes of IC 31-32-2 and IC 31-37-8-4.5, means a person responsible for providing mental health screening, evaluation, or treatment to a child in connection with a juvenile proceeding or probation proceeding under this title. As added by P.L.145-2026, …

Sec. 91. "Executive authority", for purposes of IC 31-37-23, has the meaning set forth in IC 31-37-23-6. As added by P.L.145-2026, SEC.161.

Sec. 92. (a) "Exigent circumstances", as applied to an action by the department with regard to a child, means that: (1) the department has definite and articulable evidence giving rise to a reasonable suspicion that the child or a child residing in the home with the child: (A) ha…

Sec. 93. (a) An individual is a "family or household member" of another person if the individual: (1) is a current or former spouse of the other person; (2) is dating or has dated the other person; (3) is engaged or was engaged in a sexual relationship with the other person; (4) …

Sec. 94. "Family preservation services", for purposes of IC 31-26-5 and IC 31-26-6, means short term, highly intensive services designed to protect, treat, and support the following: (1) A family with a child at risk of placement by enabling the family to remain intact and care f…

Sec. 95. "Family services", for purposes of the juvenile law, means services provided to: (1) prevent a child from being removed from a parent, guardian, or custodian; (2) reunite the child with a parent, guardian, or custodian; or (3) implement a permanent plan of adoption, guar…

Sec. 96. "Fentanyl containing substance", for purposes of the juvenile law, has the meaning set forth in IC 35-31.5-2-130.6. As added by P.L.145-2026, SEC.161.

Sec. 97. "Fentanyl related substance", for purposes of the juvenile law, has the meaning set forth in IC 35-31.5-2-130.5. As added by P.L.145-2026, SEC.161.

Sec. 98. "Final agency action" means, with respect to an administrative action taken by the department, the issuance of an order by the ultimate authority of the department that: (1) disposes of all issues for all parties to an administrative proceeding regarding the action after…

Sec. 99. "Final separation", for purposes of IC 31-15-7, means the date of filing of the petition for dissolution of marriage under IC 31-15-2-4 (or IC 31-1-11.5-3 before its repeal). However, if: (1) a legal separation proceeding involving the parties was pending when the petiti…

Sec. 1. Sections 1 through 7 of this chapter apply if a man who files or is a party to a paternity action under this article (or IC 31-6-6.1 before its repeal) is served with notice, or informed in any other manner, of a pending or potential adoption of a child who is the subject…

Sec. 13. Upon notice that a court in which an adoption is pending has assumed jurisdiction of a paternity action under IC 31-19-2-14, the court in which the paternity action was pending shall stay all proceedings in the paternity action until further order from the court in which…

Sec. 2. Sections 1 through 7 of this chapter do not apply to a man whose paternity of a child is established before the filing of a petition to adopt the man's child. [Pre-1997 Recodification Citation: 31-6-6.1-2.1(b).] As added by P.L.1-1997, SEC.6.

Sec. 3. A putative father shall give notice of the paternity action to an attorney or agency that serves the putative father with notice as described in section 1(1) of this chapter. [Pre-1997 Recodification Citation: 31-6-6.1-2.1(c).] As added by P.L.1-1997, SEC.6.

Sec. 4. A putative father who has not been served with notice of a paternity action as described in section 1(1) of this chapter but knows: (1) that an adoption has been filed; and (2) the court in which the adoption is pending; shall serve the clerk of the court having jurisdict…

Sec. 5. The notice required by sections 3 and 4 of this chapter must include: (1) the name of the court; (2) the cause number; and (3) the date of filing; of the paternity action. [Pre-1997 Recodification Citation: 31-6-6.1-2.1(e).] As added by P.L.1-1997, SEC.6.…

Sec. 6. If: (1) a putative father fails to provide notice under section 3 or 4 of this chapter; and (2) the prospective adoptive parents file a motion to intervene; the court with jurisdiction over the paternity action shall allow the prospective adoptive parents to intervene in …

Sec. 7. If the court has already established the paternity of a father who fails to provide notice under section 3 or 4 of this chapter and the prospective adoptive parents file a motion to intervene, the court shall: (1) set aside the paternity determination to reinstate the pat…

Sec. 8. (a) If: (1) an adoption of a child who is the subject of the paternity action is pending; and (2) the prospective adoptive parents file a motion to intervene; the court having jurisdiction over the paternity action under this article shall allow the prospective adoptive p…

Sec. 9. (a) Except as provided under section 13 of this chapter and subject to IC 31-19-2-14, if a court presiding over a paternity action under this article knows of: (1) a pending adoption of a child who is the subject of the paternity action; and (2) the court in which the ado…