Title 31, FAMILY LAW AND JUVENILE LAW

Sec. 18. The department may conduct an inspection of a foster family home for the sole purpose of inquiry into matters as stated in the rules, including those directly affecting the health, safety, treatment, and general well-being of the children protected under this article. As…

Sec. 19. The department shall keep written records of the department's monitoring activities and onsite inspections. As added by P.L.145-2006, SEC.273.

supervision and care limits Sec. 2. (a) A person may not operate a therapeutic foster family home without a certificate issued under this article. (b) The state or a political subdivision of the state may not operate a therapeutic foster family home without a certificate issued u…

Sec. 20. The licensee shall cooperate with the department in carrying out the activities required by sections 18 through 19 of this chapter, including permitting the department to conduct announced or unannounced inspections. As added by P.L.145-2006, SEC.273.

Sec. 20.5. 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.22.

Sec. 21. (a) A licensee shall keep records required by the department regarding each child in the control and care of the licensee 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. 22. 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 licensee must request the meeting not more than ten …

Sec. 23. 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 licensee. The request must be made not more than thirty (30) calendar days after the licensee receives notice under…

Sec. 24. A hearing requested under section 23 of this chapter shall be held in accordance with IC 4-21.5-3. As added by P.L.145-2006, SEC.273.

Sec. 29. A foster family home shall cease operation when the license of the foster family home is revoked. As added by P.L.145-2006, SEC.273.

Sec. 30. (a) After the license of a foster family home is revoked, the department shall notify in writing each person responsible for each child in care, to ensure that the children are removed from the foster family home. (b) The written notice shall be sent to the last known ad…

Sec. 32. (a) The following constitute sufficient grounds for revocation of a license: (1) A determination by the department of child abuse or neglect by: (A) the licensee; (B) an employee or a volunteer of the licensee who has direct contact, on a regular and continuous basis, wi…

Sec. 33. (a) A licensee shall operate a foster family home in compliance with the rules established under this article and is subject to the disciplinary sanctions under subsection (b) if the department finds that the licensee has violated this article or a rule adopted under thi…

Sec. 34. (a) The department shall investigate a report of an unlicensed foster family home and report the department's findings to the attorney general and to the local office and the prosecuting attorney in the county where the foster family home is located. (b) The attorney gen…

Sec. 35. (a) A licensee must immediately contact the department if: (1) a foster child less than sixteen (16) years of age, while living in a foster home, engages in or is the victim of sexual contact (as defined in IC 25-1-9-3.5); (2) a foster child, while living in a foster hom…

Sec. 36. A person who knowingly or intentionally violates this chapter commits a Class B misdemeanor. As added by P.L.145-2006, SEC.273.

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. Sec. 4. The fire prevention and building safety commission shall provide consultation regarding the licensure of foster family homes to the department upon requ…

Sec. 5. (a) An applicant must apply for a foster family home license on forms provided by the department. (b) An applicant must submit the required information as part of the application. (c) An applicant must submit with the application a statement attesting the following: (1) W…

Sec. 6. (a) The following constitute sufficient grounds for a denial of a license application: (1) A determination by the department of child abuse or neglect by: (A) the applicant; (B) an employee or a volunteer of the applicant who has direct contact, on a regular and continuou…

Sec. 6.5. (a) As used in this section, "disability" has the meaning set forth in 42 U.S.C. 12102. (b) The department, in determining whether to grant an application for a license to operate a foster family home: (1) shall not discriminate against; and (2) shall take into consider…

Sec. 7. The department may not act on an incomplete application. The department shall return an incomplete application with a notation concerning omissions. The return of an incomplete application is without prejudice. As added by P.L.145-2006, SEC.273.

Sec. 8. (a) An applicant may not provide supervision and care as a foster family home if more than: (1) six (6) individuals, each of whom: (A) is less than eighteen (18) years of age; or (B) is at least eighteen (18) years of age and is receiving care and supervision under an ord…

Sec. 1. The interstate compact on the placement of children is enacted into law under this chapter and entered into with all other jurisdictions legally joining the compact in the form substantially as follows: ARTICLE I. PURPOSE AND POLICY It is the purpose and policy of the par…

Sec. 1.5. (a) This chapter remains in effect with respect to any state, territory, or possession of the United States, for the District of Columbia, or for the Commonwealth of Puerto Rico if the state, territory, or possession or the district or commonwealth has not adopted the i…

Sec. 2. Financial responsibility for a child placed under the provisions of the interstate compact on the placement of children shall be determined in accordance with Article V. However, for the partial or complete default of performance, the provisions of IC 31-2-1 (before its r…

Sec. 3. The "appropriate public authorities" as used in Article III of the interstate compact on the placement of children (section 1 of this chapter), with reference to this state, means the department, and the department shall receive and act with reference to notices required …

Sec. 4. As used in paragraph (a) of Article V of the interstate compact on the placement of children (section 1 of this chapter), the phrase "appropriate authority in the receiving state" with reference to this state means the department. As added by P.L.145-2006, SEC.274.

Sec. 5. The officers and agencies of this state and the subdivisions of this state having authority to place children may enter into agreements with appropriate officers or agencies of or in other party states under paragraph (b) of Article V of the interstate compact on the plac…

Sec. 6. A requirement for visitation, inspection, or supervision of children, homes, institutions, or other agencies in another party state that apply under the provisions of IC 31-27 is considered to be met if performed under an agreement entered into by appropriate officers or …

Sec. 7. A court having jurisdiction to place delinquent children may place the delinquent child in an institution in another state under Article VI of the interstate compact on the placement of children (section 1 of this chapter) and shall retain jurisdiction as provided in Arti…

Sec. 8. As used in Article VII of the interstate compact on the placement of children (section 1 of this chapter), the term "executive head" means the governor. The governor may appoint a compact administrator in accordance with the terms of Article VII. As added by P.L.145-2006,…

Sec. 1. This chapter applies to the following: (1) An offender who: (A) is less than eighteen (18) years of age; (B) has been waived to a court with criminal jurisdiction under IC 31-30-3; and (C) is charged as an adult offender. (2) An offender who: (A) is less than eighteen (18…

Sec. 2. (a) Subject to subsection (c), if: (1) an offender is: (A) less than eighteen (18) years of age; (B) waived to a court with criminal jurisdiction under IC 31-30-3 because the offender committed an act that would be a felony if committed by an adult; and (C) convicted of c…

Sec. 3. (a) If there is probable cause to believe that an offender described under section 2(b) of this chapter has: (1) violated a condition of the offender's suspended criminal sentence; or (2) committed a new offense; the court shall conduct a review hearing to determine if th…

Sec. 4. (a) The department of correction may reclassify an offender placed in a juvenile facility under section 2(b) of this chapter and transfer the offender to an appropriate adult facility if the department determines that placement of the offender in any juvenile facility of …

Sec. 5. (a) At the request of a sentencing court, the department of correction shall provide a progress report to the sentencing court concerning an offender sentenced and placed in a juvenile facility under section 2(b) of this chapter. When the offender becomes eighteen (18) ye…

Sec. 6. (a) At any time before an offender placed in a juvenile facility under section 2(b) of this chapter becomes twenty-one (21) years of age, the department of correction may transfer the offender to an adult facility if the department of correction believes the offender is a…

Sec. 7. If the suspension of a criminal sentence is revoked under this chapter, all time served by an offender in a juvenile facility of the division of youth services of the department of correction shall be credited toward any criminal sentence imposed on the offender under thi…

Sec. 1. This chapter applies to a judicial circuit having a population of less than fifty thousand (50,000). [Pre-1997 Recodification Citation: 31-6-9-2.1(a).] As added by P.L.1-1997, SEC.14.

Sec. 2. The judge of a juvenile court may appoint one (1) or more part-time juvenile court referees. [Pre-1997 Recodification Citation: 31-6-9-2.1(b) part.] As added by P.L.1-1997, SEC.14. Amended by P.L.98-2004, SEC.111; P.L.201-2011, SEC.11.

Sec. 3. A person appointed as a part-time juvenile court referee under this chapter must be admitted to the practice of law in Indiana. [Pre-1997 Recodification Citation: 31-6-9-2.1(b) part.] As added by P.L.1-1997, SEC.14.

Sec. 4. The salary of a part-time juvenile court referee appointed under this chapter shall be paid from juvenile probation user's fees under IC 31-40-2 upon the approval of the county fiscal body. [Pre-1997 Recodification Citation: 31-6-9-2.1(b) part.] As added by P.L.1-1997, SE…

Sec. 5. A part-time juvenile court referee shall perform the duties described in IC 31-31-3-6. [Pre-1997 Recodification Citation: 31-6-9-2.1(c).] As added by P.L.1-1997, SEC.14.

Sec. 1. The following persons are entitled to be represented by counsel: (1) A child charged with a delinquent act, as provided by IC 31-32-2-2. (2) A parent, in a proceeding to terminate the parent-child relationship, as provided by IC 31-32-2-5. (3) Any other person designated …

Sec. 2. (a) If: (1) a child alleged to be a delinquent child does not have an attorney who may represent the child without a conflict of interest; and (2) the child has not lawfully waived the child's right to counsel under IC 31-32-5 (or IC 31-6-7-3 before its repeal); the juven…

Sec. 3. (a) If: (1) a parent in proceedings to terminate the parent-child relationship does not have an attorney who may represent the parent without a conflict of interest; and (2) the parent has not lawfully waived the parent's right to counsel under IC 31-32-5 (or IC 31-6-7-3 …