Title 31, FAMILY LAW AND JUVENILE LAW

Sec. 15. (a) The department shall expunge a substantiated report contained within the index not later than ten (10) working days after any of the following occurs: (1) A court having jurisdiction over a child in need of services proceeding determines that child abuse or neglect h…

Sec. 16. (a) A person or an organization may have access to information contained in the index as follows: (1) A law enforcement agency may have access to a substantiated report for purposes of investigating or criminally prosecuting a person identified as a perpetrator of child …

Sec. 17. (a) If a court grants a name change under IC 34-28-2 (or IC 34-4-6 before its repeal) to a person: (1) against whom an allegation of child abuse or neglect has been substantiated; and (2) whose name is maintained within the index in accordance with this chapter; the pers…

Sec. 18. On July 1, 2007, all substantiated reports and other documents relating to child abuse or neglect cases contained in the child abuse registry under IC 31-33-17 (before its repeal) and the automated child protection system under IC 31-33-20 (before its repeal) shall be tr…

Sec. 2. The department shall establish and maintain a centralized, computerized child protection index to organize and access data regarding substantiated reports of child abuse and neglect that the department receives from throughout Indiana under this article. As added by P.L.1…

Sec. 3. In addition to the equipment needed to establish, operate, and maintain the index, the index must include the following components: (1) Automated risk assessment in which a family case manager or supervisor is able to review a substantiated child abuse or neglect case to …

Sec. 4. (a) In addition to the components described in section 3 of this chapter, the index must have the capability to maintain a case history file. (b) Whenever a person enters a new child abuse or neglect report into the index, the index must have the capability to automatical…

Sec. 5. (a) The department shall establish access restrictions in order to maintain the security and confidentiality of the index as required by this chapter. (b) The department of child services ombudsman established by IC 4-13-19-3 shall have read only access to the index conce…

Sec. 6. The department shall store data regarding child abuse or neglect reports in a manner that allows the data to be retrieved based on the following, if known: (1) The child's name. (2) The child's date of birth. (3) The alleged perpetrator's name. (4) The child's mother's na…

Sec. 7. The department may adopt rules under IC 4-22-2 to ensure that the confidentiality of and access to reports of child abuse or neglect are maintained as provided in this chapter. As added by P.L.138-2007, SEC.67.

Sec. 8. (a) This section does not apply to substantiated reports if a court has determined that a child is a child in need of services based on: (1) a report of child abuse or neglect that names the perpetrator as the individual who committed the child abuse or neglect; or (2) fa…

Sec. 9. (a) Except as provided in sections 11 and 12 of this chapter, the department shall conduct, or request that the office of administrative law proceedings assign an administrative hearing officer to conduct, an administrative hearing upon a request made under section 8 of t…

Sec. 1. (a) This chapter applies to a delinquency proceeding brought pursuant to IC 31-37-1 through IC 31-37-3. (b) In computing time under this chapter, Saturdays, Sundays, and legal holidays are not included in the computation if the time prescribed is less than fifteen (15) da…

Sec. 2. The following definitions apply throughout this chapter: (1) "Competent" and "competency" mean the present ability of a child to: (A) understand the nature and objectives of a proceeding against the child; and (B) assist in the child's defense. (2) "State institution" has…

Sec. 3. If, at any time before disposition, a court has reasonable grounds to believe that a child is not competent, the court shall order the child to undergo a competency evaluation as described in section 4 of this chapter, unless the child is represented by counsel and waives…

Sec. 4. (a) If the court orders a competency evaluation under section 3 of this chapter, the court shall appoint one (1) disinterested person to evaluate the child's competency. However, if a party requests the appointment of an additional person to conduct an evaluation, the cou…

Sec. 5. As soon as practicable after receiving the written competency evaluation, the court shall determine whether the child is competent for adjudication or disposition. Upon a motion by any party, the court shall conduct a hearing to determine competency. The child has: (1) th…

Sec. 6. (a) If the court determines that the juvenile is competent, the court shall proceed with the delinquency proceedings as provided by law. No statement that a child makes during an evaluation or hearing conducted under this chapter may be used against the child in any juven…

Sec. 1. The department shall carry out a program to place hard to place children in suitable adoptive homes in cases in which restoration to the biological family is not possible or appropriate. [Pre-1997 Recodification Citation: 31-3-3-3(a).] As added by P.L.1-1997, SEC.11. Amen…

Sec. 1.5. The department shall consider a child who is a ward of the department a hard to place child for determining eligibility for state adoption subsidies under IC 31-19-26.5. As added by P.L.42-2009, SEC.3. Amended by P.L.46-2024, SEC.8.

Sec. 2. The department may: (1) delegate a part of the program to a local office; and (2) deliver a program service through a contract with another person. [Pre-1997 Recodification Citation: 31-3-3-3(b).] As added by P.L.1-1997, SEC.11. Amended by P.L.145-2006, SEC.265; P.L.128-2…

Sec. 3. To carry out the program, the department may: (1) cooperate with adoption efforts with: (A) other states; and (B) the administrative unit in the United States Department of Health and Human Services that is established under 42 U.S.C. 5113; (2) exchange information with t…

Sec. 4. Money appropriated to the program does not revert to the state general fund at the end of the state fiscal year. As added by P.L.200-1999, SEC.24.

Sec. 1. As used in this chapter, "expunge" or "expungement" means: (1) the removal or deletion of all information maintained by the department concerning a report, assessment, or determination under this article relating to an incident or condition of child abuse or neglect; and …

Sec. 2. As used in this chapter, "information" includes all files and records created or maintained by the department. The term includes the original and copies of documents, correspondence, messages, photographs, videotapes, audio recordings, audiovisual recordings, and any othe…

Sec. 3. (a) The department shall expunge child abuse or neglect information not later than twenty-four (24) years after the date of birth of the youngest child named in the department's assessment report as an alleged victim of child abuse or neglect, if: (1) the department appro…

Sec. 4. (a) The department shall expunge child abuse or neglect information relating to a substantiated report not later than the time specified for expungement of the report from the child protection index under IC 31-33-26-15. (b) The department shall amend information relating…

Sec. 5. (a) This section applies to information relating to substantiated reports in any records of the department. (b) An individual identified as a perpetrator of child abuse or neglect in a substantiated report may file a petition with a court exercising juvenile jurisdiction …

Sec. 6. If the department expunges child abuse or neglect information under this chapter: (1) at the request of a perpetrator named in an assessment report; (2) at or after the time for expungement specified in section 4(a) of this chapter; or (3) under a court order under sectio…

Sec. 1. Whenever a person is adopted outside Indiana, under the laws of the state, territory, or country where the adoption took place: (1) the adoption decree: (A) when filed with the clerk of the court of any county in Indiana; and (B) when entered upon the order book of the co…

Sec. 2. Every decree of a court terminating parental rights issued by a court of any other jurisdiction within or outside the United States shall be recognized in Indiana so that the rights and obligations of the parties concerning matters within the jurisdiction of Indiana shall…

Sec. 3. Every consent to adoption taken in a jurisdiction outside Indiana that: (1) is valid under the law in force in the state, territory, or country where the consent to adoption was taken; or (2) would be valid if the consent to adoption had been taken in Indiana; is a valid …

Sec. 4. The court where an adoption proceeding is pending has jurisdiction over a person if the person's consent to the adoption taken outside Indiana includes a provision that the person giving the consent to adoption submits to the jurisdiction of the Indiana courts. [Pre-1997 …

Sec. 1. (a) The general assembly finds the following: (1) Finding adoptive families for children, for whom state assistance is desirable pursuant to 42 U.S.C. 673, and assuring the protection of the interests of the children affected during the entire assistance period, require s…

Sec. 2. (a) The department is authorized to develop, participate in the development of, negotiate, and enter into one (1) or more interstate compacts on behalf of this state with other states to implement one (1) or more of the purposes set forth in this chapter. When so entered …

Sec. 3. A compact entered into pursuant to the authority conferred by this chapter shall have the following content: (1) A provision making it available for joinder by all states. (2) A provision or provisions for withdrawal from the compact upon written notice to the parties, bu…

Sec. 4. A compact entered into pursuant to the authority conferred by this chapter may contain provisions in addition to those required pursuant to section 3 of this chapter, as follows: (1) Provisions establishing procedures and entitlements to medical, developmental, child care…

Sec. 5. (a) A child with special needs resident in this state who is the subject of an adoption assistance agreement with another state shall be entitled to receive a medical assistance identification from this state upon the filing in the local office for the county in which the…

Sec. 6. Consistent with federal law, the department in connection with the administration of this chapter and any compact pursuant hereto shall include in any state plan made pursuant to the federal Adoption Assistance and Child Welfare Act of 1980 (P.L.96-272), Title IV-E and Ti…

Sec. 1. (a) Except as provided in subsection (b), a governmental entity may not discriminate against any of the following: (1) A person that provides, or declines to provide, an adoption or foster care service in a manner consistent with the person's sincerely held religious beli…

Sec. 2. (a) Notwithstanding IC 34-13-3-3 and subject to subsection (b), a person may: (1) bring a cause of action against a governmental entity for a violation of section 1 of this chapter; or (2) assert the violation of section 1 of this chapter as a claim or defense in a judici…

Sec. 3. Relief against the governmental entity may include any of the following: (1) Declaratory relief. (2) Injunctive relief. (3) Compensatory damages. (4) Reasonable attorney's fees and costs. As added by P.L.43-2026, SEC.6.

Sec. 4. This chapter does not: (1) prohibit the department from taking an action authorized by state law to prevent child abuse or neglect as defined in IC 31-9-2-14(c); or (2) limit the department from enforcing licensing requirements under IC 31-27 that are consistent with this…

Sec. 1. A bond required under this article to secure the obligation of child support must: (1) be in writing; and (2) be secured by: (A) at least one (1) resident freehold surety; or (B) a commercial insurance company. As added by P.L.171-2001, SEC.8.

Sec. 2. A bond described in section 1 of this chapter may be prepared in substantially the following form: STATE OF INDIANA ) ) SS: COUNTY OF _______________ ) ) ) IN THE MATTER OF: ) ) Name of Parent (As the Principal) ) Name of Parent (As the Obligee) ) ) CHILD: ) Name of Child…

Sec. 3. Upon forfeiture, the proceeds of the security, a bond, or other guarantee ordered to secure the obligation of child support, enforcement of a custody order, or enforcement of a parenting time order under this article may only be used to: (1) reimburse the nonviolating par…