Title 31, FAMILY LAW AND JUVENILE LAW

Sec. 4. Upon forfeiture, the proceeds of the security, a bond, or other guarantee ordered to secure enforcement of a custody order or parenting time order under this article that are not applied to the expenses described in section 3 of this chapter must be applied toward: (1) th…

Sec. 1. As used in this chapter, "child welfare program" means a program or an activity that is: (1) not a component of child services provided to or for the benefit of a particular child or family; and (2) designed to serve groups or categories of children or families in a commu…

Sec. 1.5. As used in this chapter, "child welfare substance abuse treatment services" includes the following: (1) Addiction counseling. (2) Inpatient detoxification. (3) Medication assisted treatment, including a federal Food and Drug Administration approved long acting, nonaddic…

Sec. 2. A child welfare program may be established and funded by the department for any of the following purposes: (1) Protecting and promoting the welfare of children in a community who are, or are likely to be, at risk of becoming homeless, neglected, or abused due to lack of a…

Sec. 2.5. Information and training concerning child welfare substance abuse treatment services must be provided as follows: (1) The office of judicial administration shall provide the information and training to juvenile court, circuit court, and superior court judges. (2) The de…

Sec. 3. (a) An application to establish a new child welfare program, or to continue or modify an existing child welfare program, may be submitted by a court, county executive, private nonprofit agency or organization, or an interested person based on guidelines and instructions i…

Sec. 4. A child welfare program must be approved by the director of the department or the director's designee. The director's approval shall specify the period for which operation of the program is approved and the procedure for submission of any request for continuation, extensi…

Sec. 5. The department shall establish policies and procedures for periodic review and evaluation of approved child welfare programs, including evaluation of the effectiveness and results of the program activities, as part of the consideration of any application to continue or mo…

Sec. 5.5. (a) An employee of a preventative provider that operates a child welfare program 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) y…

Sec. 6. (a) A child welfare program account is established in the state general fund to receive money for establishment, operation, or support of child welfare programs. Receipts credited to the child welfare program account may be derived from the following sources: (1) Any appr…

Sec. 7. The department may adopt rules under IC 4-22-2 that are necessary or appropriate to implement this chapter. As added by P.L.146-2008, SEC.570.

Sec. 1. Proceedings under this chapter are governed by the procedures prescribed by: (1) IC 31-32-1, IC 31-32-4 through IC 31-32-10, and IC 31-32-12 through IC 31-32-15; (2) IC 31-34; and (3) IC 31-37; but are distinct from proceedings under IC 31-34 and IC 31-37. As added by P.L…

Sec. 10. (a) The court shall send notice of the petition at the time of filing to the department of child services in the county in which the petition is filed. (b) If the department of child services: (1) receives a notice under subsection (a); and (2) determines that the child …

Sec. 11. If a court receives a notice from the department of child services under section 10(b) of this chapter, the court shall stay the proceeding for termination of the parent-child relationship until the court in which the child in need of services petition is pending enters …

Sec. 12. A court in which a child in need of services petition is pending shall notify a court in which a proceeding has been stayed under section 11 of this chapter of a dispositional decree not later than ten (10) days after the date the court enters the dispositional decree. A…

Sec. 2. The probate court has concurrent original jurisdiction with the juvenile court in proceedings on a petition to terminate a parent-child relationship under this chapter. As added by P.L.64-2016, SEC.3.

Sec. 3. Subject to section 4 of this chapter, if a child was conceived as a result of an act of rape, the parent who is the victim of the act of rape may file a verified petition with the juvenile or probate court to terminate the parent-child relationship between the child and t…

Sec. 4. (a) A parent who: (1) is the victim of an act of rape; and (2) is at least eighteen (18) years of age at the time the act of rape occurred; may not file a petition for termination of the parent-child relationship under this chapter more than one hundred eighty (180) days …

Sec. 5. The verified petition filed under section 3 of this chapter must: (1) be entitled "In the Matter of the Termination of the Parent-Child Relationship of ______________, a child, and _______________, the parent"; and (2) allege: (A) that the alleged perpetrator committed an…

Sec. 6. A showing by clear and convincing evidence that: (1) the alleged perpetrator committed an act of rape against a parent described in section 5(2)(A) of this chapter; and (2) the child was conceived as a result of the act of rape; is prima facie evidence that termination of…

Sec. 7. (a) The court shall terminate the parent-child relationship if the court finds: (1) by clear and convincing evidence that the allegations in a petition described in section 5(2)(A) and 5(2)(B) of this chapter are true; and (2) that termination of the parent-child relation…

Sec. 8. The court may appoint: (1) a guardian ad litem; (2) a court appointed special advocate; or (3) both a guardian ad litem and a court appointed special advocate; for a child in a proceeding under this chapter, as provided in IC 31-17-6-1. As added by P.L.64-2016, SEC.3.…

Sec. 9. The court may issue an emergency custody order removing the child from the custody of the alleged perpetrator of the act of rape if the court finds it is in the best interests of the child. As added by P.L.64-2016, SEC.3.

Sec. 1. This chapter: (1) shall not be construed to affect notice of an adoption provided to a putative father under IC 31-19-4; (2) applies to a father who has abandoned, failed to support, or failed to communicate with a child; and (3) except for section 3 of this chapter, appl…

Sec. 1.5. A notice to a grandparent required under IC 31-19-2.5-3(a)(3) is: (1) limited to the issue of visitation and may not be used to contest an adoption; and (2) not required if the child to be adopted has been placed in the care, custody, or control of the department.". As …

Sec. 2. Except as provided in IC 31-19-2.5-4, if a petition for adoption alleges that consent to adoption is not required under IC 31-19-9-8, notice of the adoption must be given to the person from whom consent is allegedly not required under IC 31-19-9-8. Notice shall be given u…

Sec. 3. Notice of the adoption proceeding shall be given to a person entitled to notice under section 2 of this chapter in substantially the following form: "NOTICE OF ADOPTION ________ (person's name) is notified that a petition for adoption of a child, named __________ (child's…

Sec. 4. (a) The notice required by this chapter may be waived in writing before or after the birth of a child. (b) A waiver of notice under subsection (a) must: (1) be in writing and signed in the presence of a notary public; and (2) acknowledge that: (A) the waiver is irrevocabl…

Sec. 5. The description in the notice under section 3 of this chapter of the reasons consent to adoption is not required need only include enough information to put a reasonable person on notice that a petition for adoption that alleges the person's consent to adoption is unneces…

Sec. 7. The Indiana Rules of Trial Procedure do not apply to the provision of notice under this chapter. As added by P.L.203-2021, SEC.14.

Sec. 1. (a) The insuring foster youth trust program is established under this chapter to recognize that: (1) foster youth have limited access to resources as they begin to age out of the system; (2) foster youth require additional resources as they begin to age out of the system …

Sec. 10. The department or the department's designee may: (1) develop evaluation criteria, payment calculation standards, and other policies related to the implementation of this chapter; and (2) adopt and make available to foster youth a method for applying for funding under thi…

Sec. 3. As used in this chapter, "fund" refers to the insuring foster youth trust fund established by section 4 of this chapter. As added by P.L.59-2022, SEC.2.

Sec. 4. (a) The insuring foster youth trust fund is established to carry out the purposes of this chapter. (b) The fund consists of the following: (1) Appropriations made by the general assembly. (2) Interest as provided in subsection (f). (3) Fees collected from an insuring fost…

Sec. 5. (a) Money in the fund may be used to provide payments to foster youth for the purposes set forth in section 1(b) of this chapter. (b) Money in the fund may not be granted to a state or local unit of government. As added by P.L.59-2022, SEC.2.

Sec. 6. A foster youth is responsible for paying all costs of a policy of automobile insurance. A state or local government agency, foster parent, or entity providing services to a foster youth under a contract or at the direction of a state or local government agency shall not b…

Sec. 7. Before October 1 of each year, the department shall prepare a report to the general assembly in an electronic format under IC 5-14-6 regarding the funds received and payments made by the fund. As added by P.L.59-2022, SEC.2.

Sec. 8. The department may adopt rules under IC 4-22-2 to implement this chapter. As added by P.L.59-2022, SEC.2.

Sec. 9. The department may establish a nonprofit subsidiary corporation that is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code to solicit and accept private funding, gifts, donations, bequests, devises, and contributions. As added by P.L.…

Sec. 1. (a) Except as provided in subsection (b), a confidentiality agreement entered into between a foster parent and the department may not prohibit the foster parent from releasing or disclosing confidential information to a duly elected state government official for whom the …

Sec. 2. The department may not remove a foster child from the home of a foster parent solely on the basis of the foster parent having filed a petition to adopt the child. As added by P.L.244-2023, SEC.7.

Sec. 3. (a) The department shall provide a licensed foster parent a packet containing the following information: (1) The foster parent's rights, including the relevant statutes. (2) The grievance filing process with clear instructions and contact information. (3) A complete copy …

Sec. 1. As used in this chapter, "collaborative care" means any services or payments for services that the department provides for older youth under the terms of a collaborative care agreement, while the older youth is residing in: (1) a foster family home licensed under IC 31-27…

Sec. 2. As used in this chapter, "collaborative care agreement" means a voluntary agreement that: (1) is signed by the department, a guardian ad litem or court appointed special advocate participating with the consent of the youth, and the older youth; (2) is approved by a juveni…

Sec. 3. As used in this chapter, "host home" means: (1) the home of a person who is a relative of an older youth that is not licensed under IC 31-27-4 or a comparable law in another state where the home is located; or (2) the home of one (1) or more adults who are not relatives o…

Sec. 4. As used in this chapter, "older youth" means an individual who is at least eighteen (18) years of age but less than twenty-one (21) years of age. As added by P.L.48-2012, SEC.34. Amended by P.L.13-2013, SEC.78; P.L.198-2019, SEC.4.