Title 31, FAMILY LAW AND JUVENILE LAW

Sec. 1. Proceedings under this article must comply with the Indiana Rules of Civil Procedure. [Pre-1997 Recodification Citation: 31-1-11.5-4(e) part.] As added by P.L.1-1997, SEC.7.

Sec. 10. A decree under this chapter may include orders as provided in this article. [Pre-1997 Recodification Citation: 31-1-11.5-9(d) part.] As added by P.L.1-1997, SEC.7.

Sec. 11. A decree under this chapter may not include a maintenance provision that extends beyond the period of legal separation. [Pre-1997 Recodification Citation: 31-1-11.5-9(d) part.] As added by P.L.1-1997, SEC.7.

Sec. 2. A cause of action for legal separation is established. [Pre-1997 Recodification Citation: 31-1-11.5-3(c) part.] As added by P.L.1-1997, SEC.7.

Sec. 3. Legal separation shall be decreed upon a finding by a court: (1) that conditions in or circumstances of the marriage make it currently intolerable for both parties to live together; and (2) that the marriage should be maintained. [Pre-1997 Recodification Citation: 31-1-11…

Sec. 4. (a) A proceeding for legal separation is commenced by the filing of a petition entitled, "In Re the legal separation of _________ and _________". The petition must: (1) be verified; and (2) set forth the following: (A) The residence of each party and the length of residen…

Sec. 5. A proceeding may not be commenced under section 4 of this chapter if: (1) an action for dissolution of marriage filed under IC 31-15-2-4 (or IC 31-1-11.5-3(a) before its repeal) is pending; or (2) a provisional order or decree based on a petition for dissolution of marria…

Sec. 6. (a) At the time of the filing of a petition for legal separation under section 4 of this chapter, at least one (1) of the parties must have been: (1) a resident of Indiana; or (2) stationed at a United States military installation within Indiana; for six (6) months immedi…

Sec. 7. Whenever a petition is filed, a copy of the petition, including a copy of a summons, shall be served upon the other party to the marriage in the same manner as service of summons in civil actions generally. [Pre-1997 Recodification Citation: 31-1-11.5-5 part.] As added by…

Sec. 8. A responsive pleading or a counter petition may be filed under this chapter. [Pre-1997 Recodification Citation: 31-1-11.5-4(d) part.] As added by P.L.1-1997, SEC.7.

Sec. 9. In an action for legal separation under section 2 of this chapter, the court may grant a decree for a separation of the parties to the marriage for a period not to exceed one (1) year if the court finds that: (1) conditions in or circumstances of the marriage make it curr…

Sec. 1. Before the birth of a child: (1) a licensed child placing agency; (2) an attorney representing prospective adoptive parents of the child; or (3) an attorney representing the mother of the child; may serve the putative father of the child or cause the putative father to be…

Sec. 2. Providing the putative father with actual notice under section 1 of this chapter does not obligate the mother of the child to proceed with an adoptive placement of the child. [Pre-1997 Recodification Citation: 31-3-1-6.4(c).] As added by P.L.1-1997, SEC.11.

Sec. 3. (a) Upon the filing of a petition for adoption: (1) the licensed child placing agency sponsoring the adoption; or (2) the attorney representing the prospective adoptive parents; shall submit to the court an affidavit setting forth the circumstances surrounding the service…

Sec. 4. Notice of the potential adoption under this chapter must be provided to the putative father of the child in substantially the following form: "______________ (putative father's name), who has been named as the father of the unborn child of __________ (birth mother's name)…

Sec. 5. A putative father who files a paternity action as described by IC 31-19-9-15(2) after receiving notice of a potential adoption from an attorney or a licensed child placing agency under section 1 of this chapter shall notify the attorney or agency that the paternity action…

Sec. 6. If a putative father fails to provide notice to an attorney or a licensed child placing agency under section 5 of this chapter (or under IC 31-3-1-6.4(i) before its repeal), upon a motion of the prospective adoptive parents the court having jurisdiction over the paternity…

Sec. 7. If the court has already established the paternity of a father who fails to provide notice under section 5 of this chapter (or under IC 31-3-1-6.4(i) before its repeal), upon motion of the prospective adoptive parents the court shall: (1) set aside the paternity determina…

Sec. 8. The Indiana Rules of Trial Procedure do not apply to the giving of notice under this chapter. As added by P.L.200-1999, SEC.13.

Sec. 9. (a) A notice served in accordance with this chapter on a putative father who is a resident of Indiana is valid regardless of whether the notice is served within or outside Indiana. (b) A notice served in accordance with this chapter outside Indiana on a putative father wh…

Sec. 1. A child custody determination made by an Indiana court that has jurisdiction under this article binds each person who has: (1) been served with notice in accordance with Indiana law; (2) been notified in accordance with section 3 of this chapter; or (3) submitted to the j…

Sec. 2. If a question of existence or exercise of jurisdiction under this article is raised in a child custody proceeding, the question, on a request of a party, must be given priority on the court's calendar and handled expeditiously. As added by P.L.138-2007, SEC.45.

Sec. 3. (a) Notice required for the exercise of jurisdiction when a person is outside Indiana may be given in a manner prescribed by: (1) Indiana law for service of process; or (2) the law of the state in which the service is made. Notice must be given in a manner reasonably calc…

Sec. 4. A party to a child custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a child custody determination, is not subject to personal jurisdiction in Indiana for another proceeding or purpose solely by r…

Sec. 5. A person who is subject to personal jurisdiction in Indiana on a basis other than physical presence is not immune from service of process in Indiana. A person present in Indiana who is subject to the jurisdiction of another state is not immune from service of process allo…

Sec. 6. The immunity granted by section 4 of this chapter does not extend to civil litigation based on acts unrelated to the participation in a proceeding under this article committed by an individual while present in Indiana. As added by P.L.138-2007, SEC.45.

Sec. 1. (a) The child support bureau is established within the department. The bureau is charged with the administration of Title IV-D of the federal Social Security Act. (b) The state's plan for the administration of Title IV-D must comply with all provisions of state law and wi…

Sec. 2. (a) The bureau shall operate the state parent locator service. The bureau shall make all necessary requests and responses to the federal parent locator service and to the parent locator services of the other states. (b) To carry out the bureau's responsibilities under thi…

Sec. 3. The bureau established by section 1 of this chapter or an agent of the bureau may issue a subpoena under Indiana Trial Rule 45 to obtain any financial or other information needed to establish, modify, or enforce a child support order. As added by P.L.103-2007, SEC.44.

Sec. 4. (a) Notwithstanding any other law, the bureau or a prosecuting attorney, private attorney, or private entity that is operating under an agreement or contract described in IC 31-25-4-13.1 is entitled to obtain access, at no cost to the bureau or the prosecuting attorney, p…

Sec. 1. (a) A person may not operate a child caring institution without a license issued under this article. (b) The state or a political subdivision of the state may not operate a child caring institution or receive children for placement in a child caring institution without a …

Sec. 10. (a) The department may grant a waiver of the maximum stay for a child if the child caring institution licensed as a shelter care facility applies for the waiver before the expiration of the maximum stay. (b) The child caring institution shall document in the request for …

Sec. 11. (a) The department shall deny a license when an applicant fails to meet the requirements for a license. (b) The department shall send written notice by certified mail that the application has been denied and give the reasons for the denial. (c) An administrative hearing …

Sec. 12. 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. 13. (a) A license for a child caring institution expires four (4) years after the date of issuance, unless the license is revoked or voluntarily returned. (b) A license issued under this chapter: (1) is not transferable; (2) applies only to the licensee and the location stat…

Sec. 14. (a) The department may place a licensee on probationary status if the licensee is temporarily unable to comply with a rule and if: (1) the noncompliance does not present an immediate threat to the health and well-being of the children; (2) the licensee files a plan with …

Sec. 15. (a) The department shall do the following: (1) Make annual onsite inspections. (2) Keep written records of the monitoring activities and inspections. (b) The department of homeland security shall perform periodic inspections of child caring institutions. As added by P.L.…

Sec. 16. A licensee shall cooperate with the department and any other state agency working on behalf of the department in carrying out the activities required by section 15 of this chapter, including permitting the department, the department of homeland security, and any other st…

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. Sec. 17. The fire prevention and building safety commission may not adopt rules requiring the installation of a sprinkler system in a living unit of a licensed …

Sec. 18. (a) A licensee shall keep records regarding each child in the control and care of the licensee as the department requires and shall report to the department upon request the facts the department requires with reference to children. (b) The department shall keep records r…

Sec. 18.5. A licensee shall use the reasonable and prudent parent standard when determining whether to allow a child in foster care to participate in extracurricular, enrichment, cultural, and social activities. As added by P.L.104-2015, SEC.20.

Sec. 19. Except as provided in section 29 of this chapter, the department shall give a licensee thirty (30) days written notice by certified mail of an enforcement action. The licensee shall also be provided with the opportunity for an informal meeting with the department. The li…

Sec. 2. (a) A license may be issued only if the child caring institution is in substantial compliance with food, health, safety, and sanitation standards under rules adopted by the department under IC 31-27-2-4 or in accordance with a variance or waiver approved by the department…

Sec. 20. 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 child caring institution. The request must be made not more than thirty (30) days after receiving notice under sect…

Sec. 21. A hearing requested under section 20 of this chapter shall be held in accordance with IC 4-21.5-3. As added by P.L.145-2006, SEC.273.

Sec. 26. A child caring institution shall cease operation when the license of the child caring institution is revoked. As added by P.L.145-2006, SEC.273.