Title 31, FAMILY LAW AND JUVENILE LAW

Sec. 7. The court may modify an order granting or denying visitation rights whenever modification would serve the best interests of the child. [Pre-1997 Recodification Citation: 31-1-11.7-8.] As added by P.L.1-1997, SEC.9.

Sec. 8. (a) This section applies to a child born out of wedlock. (b) Visitation rights provided for in section 1 or 10 of this chapter survive the establishment of paternity of a child by a court proceeding other than an adoption proceeding. [Pre-1997 Recodification Citation: 31-…

Sec. 9. Visitation rights provided for in section 1 or 10 of this chapter survive the adoption of the child by any of the following: (1) A stepparent. (2) A person who is biologically related to the child as: (A) a grandparent; (B) a sibling; (C) an aunt; (D) an uncle; (E) a niec…

Sec. 1. (a) This chapter applies to a putative father whenever: (1) an adoption under IC 31-19-2 has been or may be filed regarding a child who may have been conceived by the putative father; and (2) on or before the date the child's mother executes a consent to the child's adopt…

Sec. 10. A putative father shall register under this chapter on a registration form prescribed by the state department. The registration form must be signed by the putative father and notarized. [Pre-1997 Recodification Citation: 31-3-1.5-11(b).] As added by P.L.1-1997, SEC.11. A…

Sec. 11. A putative father who registers under this chapter is responsible for: (1) verifying with the state department the accuracy of the registration; and (2) submitting to the state department an amended registration each time the information supplied by the putative father c…

Sec. 12. (a) To be entitled to notice of an adoption under IC 31-19-3 or IC 31-19-4, a putative father must register with the state department under section 5 of this chapter not later than: (1) thirty (30) days after the child's birth; or (2) the earlier of the date of the filin…

Sec. 13. The state department shall: (1) prescribe a registration form for the information that a putative father submits under section 9 of this chapter; and (2) make the registration forms available through: (A) the state department; (B) each clerk of a circuit court; and (C) e…

Sec. 14. (a) Each: (1) clerk of a circuit court; (2) branch office of the bureau of motor vehicles; (3) hospital; and (4) local health department; shall post in a conspicuous place a notice that informs the public about the purpose and operation of the registry. (b) The notice un…

Sec. 15. (a) An attorney or agency that arranges an adoption or may arrange an adoption may at any time request that the state department search the registry to determine whether a putative father: (1) is registered in relation to a mother whose child is or may be the subject of …

Sec. 16. (a) Not later than five (5) days after receiving a request under section 15 of this chapter, the state department shall submit an affidavit to the attorney or agency verifying whether a putative father: (1) is registered within the period specified by section 12 of this …

Sec. 17. Whenever the state department receives a request under section 15 of this chapter, the state department shall: (1) search the state department's records of paternity determinations and notices of filings of petitions to establish paternity filed under IC 31-14-9-2; and (…

Sec. 18. A putative father who fails to register within the period specified by section 12 of this chapter waives notice of an adoption proceeding. The putative father's waiver under this section constitutes an irrevocably implied consent to the child's adoption. [Pre-1997 Recodi…

Sec. 19. A putative father may revoke a registration at any time by submitting a signed, notarized statement revoking the registration. [Pre-1997 Recodification Citation: 31-3-1.5-17.] As added by P.L.1-1997, SEC.11.

Sec. 2. The putative father registry is established within the Indiana department of health. The state department shall adopt rules under IC 4-22-2 to administer the registry. [Pre-1997 Recodification Citation: 31-3-1.5-6.] As added by P.L.1-1997, SEC.11. Amended by P.L.56-2023, …

Sec. 20. A putative father must submit a registration under this chapter: (1) in person; or (2) by: (A) facsimile transmission; (B) mail; (C) private courier; or (D) express delivery service. [Pre-1997 Recodification Citation: 31-3-1.5-18(a).] As added by P.L.1-1997, SEC.11.…

Sec. 21. (a) Subject to subsection (b), upon written request by: (1) a putative father; (2) a mother; (3) a child; (4) any party or attorney of record in a pending adoption; (5) an attorney who represents: (A) prospective adoptive parents; (B) petitioners in an adoption; (C) a mo…

Sec. 22. (a) Except as provided in section 16 of this chapter, the state department shall immediately respond to requests regarding registrations under this chapter: (1) in writing; and (2) in a manner described by section 20 of this chapter. (b) The state department may charge a…

Sec. 23. Except as otherwise provided in this chapter, information contained within the registry is confidential. [Pre-1997 Recodification Citation: 31-3-1.5-20.] As added by P.L.1-1997, SEC.11.

Sec. 24. A person who knowingly or intentionally registers false information under this chapter commits a Class A misdemeanor. [Pre-1997 Recodification Citation: 31-3-1.5-21(a).] As added by P.L.1-1997, SEC.11.

Sec. 25. (a) A person who knowingly or intentionally releases or requests confidential information in violation of this chapter commits a Class A misdemeanor. (b) It is a defense under this section if the state registrar releases confidential information while acting: (1) in good…

Sec. 3. The registry's purpose is to determine the name and address of a father: (1) whose name and address have not been disclosed by the mother of the child, on or before the date the mother executes a consent to the child's adoption, to: (A) an attorney; or (B) an agency; that…

Sec. 4. A putative father of a child who registers in accordance with this chapter (or IC 31-3-1.5 before its repeal) is entitled to notice of the child's adoption under IC 31-19-2.5-6. [Pre-1997 Recodification Citation: 31-3-1.5-7(b).] As added by P.L.1-1997, SEC.11. Amended by …

Sec. 5. If, on or before the date the mother of a child executes a consent to the child's adoption, the mother does not disclose to an attorney or agency that: (1) is arranging; or (2) may arrange; an adoption of the child the name or address, or both, of the putative father of t…

Sec. 6. (a) This chapter does not relieve a man who is presumed to be a father under 31-14-7-2 from the obligation of registering in accordance with this chapter to be entitled to notice of an adoption of a child for whom the man may be the presumed father. (b) The filing of a pa…

Sec. 7. (a) The state department shall maintain the following information in the registry: (1) The putative father's: (A) name; (B) address at which the putative father may be served with notice of an adoption under IC 31-19-2.5-6; (C) Social Security number; and (D) date of birt…

Sec. 8. The state department shall store the registry's data to make the data accessible under the following: (1) The putative father's name. (2) The mother's name. (3) The child's name, if known. [Pre-1997 Recodification Citation: 31-3-1.5-10.] As added by P.L.1-1997, SEC.11. Am…

Sec. 9. (a) A putative father who registers under this chapter shall provide to the state department the following: (1) The putative father's: (A) name; (B) address at which the putative father may be served with notice of an adoption under Rule 4.1 of the Indiana Rules of Trial …

Sec. 1. (a) Except as otherwise provided in section 4 of this chapter, an Indiana court has jurisdiction to make an initial child custody determination only if one (1) of the following applies: (1) Indiana is the home state of the child on the date of the commencement of the proc…

Sec. 10. (a) Subject to local law providing for the confidentiality of procedures, addresses, and other identifying information in a child custody proceeding, each party, in its first pleading or in an attached affidavit, shall provide information, under oath, regarding: (1) the …

Sec. 11. If the declaration as to any of the items described in section 10(b)(1) through 10(b)(3) of this chapter is in the affirmative, the party shall give additional information under oath as required by the court. The court may examine the parties under oath as to details of …

Sec. 12. Each party has a continuing duty to inform the court of a proceeding in Indiana or any other state that may affect the current proceeding. As added by P.L.138-2007, SEC.45.

Sec. 13. If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of identifying information, the information must be sealed and may not be disclosed to the other party or the public unl…

Sec. 14. (a) In a child custody proceeding in Indiana, the court may order a party to the proceeding who is in Indiana to appear before the court in person with or without the child. The court may order any person who: (1) is in Indiana; and (2) has physical custody or control of…

Sec. 2. (a) Except as otherwise provided in section 4 of this chapter, an Indiana court that has made a child custody determination consistent with section 1 or 3 of this chapter has exclusive, continuing jurisdiction over the determination until: (1) an Indiana court determines …

Sec. 3. Except as provided in section 4 of this chapter, an Indiana court may not modify a child custody determination made by a court of another state unless an Indiana court has jurisdiction to make an initial determination under section 1(a)(1) or 1(a)(2) of this chapter and: …

Sec. 4. (a) An Indiana court has temporary emergency jurisdiction if the child is present in Indiana and: (1) the child has been abandoned; or (2) it is necessary in an emergency to protect the child because: (A) the child; (B) the child's sibling; or (C) the child's parent; is s…

Sec. 5. (a) Before a child custody determination is made under this article, notice and an opportunity to be heard in accordance with the standards of IC 31-21-3-3 must be given to the following persons: (1) Persons entitled to notice under Indiana law as in child custody proceed…

Sec. 6. (a) Except as otherwise provided in section 4 of this chapter, an Indiana court may not exercise its jurisdiction under this article if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child has been commenced in a court of an…

Sec. 7. In a proceeding to modify a child custody determination, an Indiana court shall determine whether a proceeding to enforce the determination has been commenced in another state. If a proceeding to enforce a child custody determination has been commenced in another state, t…

Sec. 8. (a) An Indiana court that has jurisdiction under this article to make a child custody determination may decline to exercise its jurisdiction at any time if the Indiana court determines that: (1) the Indiana court is an inconvenient forum under the circumstances; and (2) a…

Sec. 9. (a) Except as otherwise provided in section 4 of this chapter or by any other Indiana law, if an Indiana court has jurisdiction under this article because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise…

Sec. 1. As used in this chapter, "ombudsman" refers to the office of the department of child services ombudsman established within the Indiana department of administration by IC 4-13-19-3. The term includes an employee of the office of the department of child services ombudsman o…

Sec. 2. The department and the juvenile court with jurisdiction over a child shall provide the ombudsman with: (1) appropriate access to all records of the department concerning the child, excluding adoption records, but including all records of the department related to vendors …

Sec. 1. As used in this chapter, "child at imminent risk of placement" means a child less than eighteen (18) years of age who reasonably may be expected to face in the near future out-of-home placement under IC 31-27 through IC 31-28 and IC 31-30 through IC 31-40 as a result of a…

Sec. 2. The department may contract to provide or provide, when appropriate, within the limits of available funding, family preservation services to families with a child at imminent risk of placement. As added by P.L.145-2006, SEC.272.