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Indiana Statutes, Title 31

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Indiana/Statutes

← All Indiana coverage

Title 31, FAMILY LAW AND JUVENILE LAW

295 chapters · 2,470 sections in this title.

All chapters in Title 312,470 Ch 2, General Policy Provisions267 Ch 2.1, Definitions266 Ch 4, Marriage Licenses and Certificates223 Ch 3, Uniform Premarital Agreement Act175 Ch 6, Authority to Solemnize Marriages174 Ch 5, Filing of Paternity Action; Limitations173 Ch 1, Effect of the Recodification Act of …168 Ch 8, Void Marriages77 Ch 7, Rights and Liabilities Incident to M…71 Ch 9, Voidable Marriages69 Ch 19, Paternity Determination by Foreign J…58 Ch 10, Actions to Annul Voidable Marriages50 Ch 15, Temporary Restraining Orders and Per…49 Ch 12, Enforcement of Child Support Orders47

2,470 sections·Filtered byTitle 31✕

Ind. Code § 31-32-5-2 Child's waiver of right to meaningful consultation
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Sec. 2. The child may waive the child's right to meaningful consultation under section 1(2)(C) of this chapter if: (1) the child is informed of that right; (2) the child's waiver is made in the presence of the child's custodial parent, guardian, custodian, guardian ad litem, or a…
Ind. Code § 31-32-5-3 Admissibility of excluded statement for impeachment purposes
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Sec. 3. If: (1) a statement made knowingly and voluntarily cannot be admitted as evidence against a child because of failure to meet the requirements of section 1 of this chapter; and (2) the child testifies in the child's own defense; the statement may be admitted to impeach the…
Ind. Code § 31-32-5-4 Waiver of rights during custodial interrogation
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Sec. 4. In determining whether any waiver of rights during custodial interrogation was made knowingly and voluntarily, the juvenile court shall consider all the circumstances of the waiver, including the following: (1) The child's physical, mental, and emotional maturity. (2) Whe…
Ind. Code § 31-32-5-5 Parent's waiver of right to representation by counsel

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Sec. 5. A parent who is entitled to representation by counsel may waive that right if the parent does so knowingly and voluntarily. [Pre-1997 Recodification Citation: 31-6-7-3(e).] As added by P.L.1-1997, SEC.15.

Ind. Code § 31-32-5-6 Waiver of service of summons

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Sec. 6. Any person other than the child may waive service of summons if the person does so in writing. [Pre-1997 Recodification Citation: 31-6-7-3(f).] As added by P.L.1-1997, SEC.15.

Ind. Code § 31-32-5-7 Waiver of right of parent, guardian, or custodian to be present at hearing concerning child

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Sec. 7. The right of a parent, guardian, or custodian to be present at any hearing concerning the person's child is waived by the person's failure to appear after lawful notice. [Pre-1997 Recodification Citation: 31-6-7-3(g).] As added by P.L.1-1997, SEC.15.

Ind. Code § 31-33-5-1 Duty to make report

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Sec. 1. In addition to any other duty to report arising under this article, an individual who has reason to believe that a child is a victim of child abuse or neglect shall make a report as required by this article. [Pre-1997 Recodification Citation: 31-6-11-3(a).] As added by P.…

Ind. Code § 31-33-5-2 Report; exception for delegation of duty to report; notification of individual in charge

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Sec. 2. (a) If an individual is required to make a report under this article in the individual's capacity as a member of the staff of a public or private institution, school, facility, organization, or agency, the individual shall immediately make a report to: (1) the department;…

Ind. Code § 31-33-5-3 Effect of compliance on individual's own duty to report

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Sec. 3. This chapter does not relieve an individual of the obligation to report on the individual's own behalf, unless a report has already been made to the best of the individual's belief. [Pre-1997 Recodification Citation: 31-6-11-3(b) part.] As added by P.L.1-1997, SEC.16.

Ind. Code § 31-33-5-4 Immediate oral or written report to department of child services or law enforcement agency

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Sec. 4. (a) Except as provided in subsection (b), a person who has a duty under this chapter to report that a child may be a victim of child abuse or neglect shall immediately make an oral or written report to: (1) the department; or (2) the appropriate law enforcement agency. (b…

Ind. Code § 31-33-5-5 Prohibition on policy that restricts or delays an individual's duty to report

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Sec. 5. (a) This section does not apply to a hospital licensed under IC 16-21-2. (b) A medical institution or other public or private institution, public or nonpublic school, school corporation, facility, or agency may not establish any policy that restricts or delays the duty of…

Ind. Code § 31-34-5-1 Time for hearing; notice; petition alleging a child is a child in need of services

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Sec. 1. (a) If a child taken into custody under IC 31-34-2 is not released, a detention hearing shall be held not later than forty-eight (48) hours, excluding Saturdays, Sundays, and any day on which a legal holiday is observed for state employees as provided under IC 1-1-9, afte…

Ind. Code § 31-34-5-1.5 Hearing after emergency medical services provider takes custody of a child; notification; petition alleging a child is a child in need of services

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Sec. 1.5. (a) This section applies to a child taken into custody under IC 31-34-2.5. (b) The juvenile court shall hold a detention hearing after an emergency medical services provider takes custody of a child under IC 31-34-2.5. The court shall hold the detention hearing not late…

Ind. Code § 31-34-5-2 Findings

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Sec. 2. If a child has been removed from the child's parent, guardian, or custodian under IC 31-34-2-3 or IC 31-34-2-4, then, in accordance with federal law, at the detention hearing the court shall make written findings and conclusions that state the following: (1) Whether remov…

Ind. Code § 31-34-5-3 Release or detention of child; findings required for detention; contents of detention order

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Sec. 3. (a) The juvenile court shall release the child to the child's parent, guardian, or custodian. However, the court may order the child detained if the court makes written findings of fact upon the record of probable cause to believe that the child is a child in need of serv…

Ind. Code § 31-34-5-3.5 Release of a child; conditions

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Sec. 3.5. If the juvenile court releases a child to the child's parent, guardian, or custodian under section 3 of this chapter, the court may impose conditions on the child or the child's parent, guardian, or custodian to ensure the safety of the child's physical or mental health…

Ind. Code § 31-34-5-4 Order to appear for additional detention hearing

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Sec. 4. Upon the juvenile court's own motion or upon the motion of the person representing the interests of the state, the parent, guardian, or custodian of a child who has been released may be ordered to appear with the child for an additional detention hearing. [Pre-1997 Recodi…

Ind. Code § 31-34-5-5 Petition for additional detention hearings

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Sec. 5. A child detained under section 3 or 4 of this chapter or the child's parent, guardian, or custodian may petition the juvenile court for additional detention hearings. [Pre-1997 Recodification Citation: 31-6-4-6(i).] As added by P.L.1-1997, SEC.17.

Ind. Code § 31-35-5-1 Application of chapter

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Sec. 1. This chapter applies to an action to determine whether to terminate a parent-child relationship under: (1) IC 31-35-2; or (2) IC 31-35-3. [Pre-1997 Recodification Citation: 31-6-16-1 part.] As added by P.L.1-1997, SEC.18.

Ind. Code § 31-35-5-2 Court order for use of closed circuit television

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Sec. 2. On the motion of the attorney for the department, the court may order that: (1) the testimony of a child be taken in a room other than the courtroom and be transmitted to the courtroom by closed circuit television; and (2) the questioning of the child by the parties be tr…

Ind. Code § 31-35-5-3 Court order for use of videotapes

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Sec. 3. On the motion of the attorney for the department, the court may order that the testimony of a child be videotaped for use at proceedings to determine whether the parent-child relationship should be terminated. [Pre-1997 Recodification Citation: 31-6-16-3 part.] As added b…

Ind. Code § 31-35-5-4 Children who may testify outside courtroom; informing parties of intention to testify

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Sec. 4. The court may not make an order under section 2 or 3 of this chapter unless: (1) the testimony to be taken is the testimony of a child who at the time of the trial is: (A) less than fourteen (14) years of age; or (B) at least fourteen (14) years of age but less than eight…

Ind. Code § 31-35-5-5 Persons who may be present during child's testimony; closed circuit television

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Sec. 5. If the court makes an order under section 2 of this chapter, only the following persons may be in the same room as the child during the child's testimony: (1) Persons necessary to operate the closed circuit television equipment. (2) Persons whose presence the court finds …

Ind. Code § 31-35-5-6 Persons who may be present during child's testimony; videotapes

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Sec. 6. If the court makes an order under section 3 of this chapter, only the following persons may be in the same room as the child during the child's videotaped testimony: (1) The judge. (2) The prosecuting attorney or the attorney for the department. (3) The attorney for each …

Ind. Code § 31-35-5-7 Persons who may question child testifying by closed circuit television or videotape

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Sec. 7. If the court makes an order under section 2 or 3 of this chapter, only the following persons may question the child: (1) The prosecuting attorney or the attorney for the department. (2) The attorneys for the parties. (3) The judge. [Pre-1997 Recodification Citation: 31-6-…

Ind. Code § 31-37-5-1 Application of chapter

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Sec. 1. This chapter applies only to a child alleged to be a delinquent child. [Pre-1997 Recodification Citation: 31-6-4-5(a) part.] As added by P.L.1-1997, SEC.20.

Ind. Code § 31-37-5-2 Taking child to designated place pending detention hearing

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Sec. 2. If a child is taken into custody under an order of the court, the law enforcement officer shall take the child to a place designated in the order to await a detention hearing. [Pre-1997 Recodification Citation: 31-6-4-5(b).] As added by P.L.1-1997, SEC.20.

Ind. Code § 31-37-5-3 Release or detention of child taken into custody without court order

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Sec. 3. (a) If a child is not taken into custody under an order of the court, the law enforcement officer may release the child or may release the child to the child's parent, guardian, or custodian upon the person's written promise to bring the child before the juvenile court at…

Ind. Code § 31-37-5-4 Detention at designated place; notice

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Sec. 4. If the child is not released, the child shall be delivered to a place designated by the court. The law enforcement officer shall immediately notify the child's parent, guardian, or custodian and an intake officer of the following: (1) Where the child is being held. (2) Th…

Ind. Code § 31-37-5-5 Investigation, release, or detention by intake officer of child taken into custody without court order

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Sec. 5. (a) If the child was not taken into custody under an order of the court, an intake officer shall investigate the reasons for the child's detention and use a validated detention tool prior to a decision being made. The results of the detention tool shall be used by the int…

Ind. Code § 31-37-5-6 Detention hearing

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Sec. 6. If a child taken into custody is not released, a detention hearing must be held in accordance with IC 31-37-6-2. [1997 Recodification Citation: New.] As added by P.L.1-1997, SEC.20.

Ind. Code § 31-37-5-7 Suspension of child's driving privileges; reinstatement; probationary privileges; removal from record

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Sec. 7. (a) If a child is alleged to have committed an act that would be an offense under IC 9-30-5 if committed by an adult, a juvenile court shall recommend the immediate suspension of the child's driving privileges as provided in IC 9-30-5. If a court recommends suspension of …

Ind. Code § 31-37-5-8 Juvenile court submission of proposed service, program, or placement to department; approval or disapproval by department; emergencies; entry of order by juvenile court; appeal by department

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Sec. 8. (a) This section applies to services and programs provided to or on behalf of a child alleged to be a delinquent child at any time before: (1) entry of a dispositional decree under IC 31-37-19; or (2) approval of a program of informal adjustment under IC 31-37-9. (b) Exce…

Ind. Code § 31-39-5-1 Taking and filing

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Sec. 1. (a) A law enforcement agency may take and file the fingerprints or photographs of a child if: (1) the child is taken into custody for an act that would be a felony if committed by an adult; and (2) the child was at least fourteen (14) years of age when the act was alleged…

Ind. Code § 31-39-5-2 Separation from adult files; confidentiality

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Sec. 2. Fingerprint and photograph files of children shall be separated from those of adults. The files are subject to the confidentiality provisions of IC 31-39-3. [Pre-1997 Recodification Citation: 31-6-8-1.5(b).] As added by P.L.1-1997, SEC.22.

Ind. Code § 31-39-5-3 Fingerprinting and comparison

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Sec. 3. If: (1) latent fingerprints are found during the investigation of an offense; and (2) a law enforcement officer has probable cause to believe that the latent fingerprints belong to a certain child; the officer may fingerprint that child and compare the child's fingerprint…

Ind. Code § 31-39-5-4 Destruction

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Sec. 4. (a) Upon written request of the child or the child's parent, guardian, or custodian, a law enforcement agency shall destroy or deliver to the child any of the child's fingerprints or photographs taken under section 1 of this chapter that are within that agency's possessio…

Ind. Code § 31-39-5-5 Notice of rights

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Sec. 5. At the time a law enforcement agency takes a child's fingerprints or photographs, the law enforcement agency shall give written notice to the child and the child's parent, guardian, or custodian of the child's rights under section 4 of this chapter. The agency shall compl…

Ind. Code § 31-39-5-6 Destruction of copies forwarded to other agencies

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Sec. 6. Any law enforcement agency that has forwarded copies of fingerprints or photographs that the law enforcement agency must destroy under section 4 of this chapter to any agency of the United States, of any other state, or of this state, shall request in writing that all cop…

Ind. Code § 31-39-5-7 Expungement of record

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Sec. 7. Whenever fingerprints or photographs are expunged from the files of a law enforcement agency under section 4 of this chapter, the law enforcement agency may retain no other information on the incident. However, this section does not require the alteration of any law enfor…

Ind. Code § 31-40-5-0.1 "Commission"

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Sec. 0.1. As used in this chapter, "commission" means the commission on improving the status of children in Indiana established by IC 2-5-36-3. As added by P.L.201-2023, SEC.236.

Ind. Code § 31-40-5-0.3 "Fund"

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Sec. 0.3. As used in this chapter, "fund" refers to the juvenile diversion and community alternatives grant program fund established by section 6 of this chapter. As added by P.L.201-2023, SEC.237.

Ind. Code § 31-40-5-0.5 "Office"

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Sec. 0.5. As used in this chapter, "office" means the Indiana office of court services established by the supreme court. As added by P.L.201-2023, SEC.238.

Ind. Code § 31-40-5-0.7 "Oversight committee"

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Sec. 0.7. As used in this chapter, "oversight committee" means the statewide juvenile justice oversight body established under IC 2-5-36-9.3(a). As added by P.L.201-2023, SEC.239.

Ind. Code § 31-40-5-1 "Program"

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Sec. 1. As used in this chapter, "program" refers to: (1) the juvenile diversion grant program; and (2) the juvenile community alternatives grant program; established by section 2 of this chapter. As added by P.L.101-2022, SEC.31.

Ind. Code § 31-40-5-1.2 "Workgroup"

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Sec. 1.2. As used in this chapter, "workgroup" refers to the grant process workgroup created by the oversight committee. As added by P.L.201-2023, SEC.240.

Ind. Code § 31-40-5-2 Establishment of grant program

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Sec. 2. (a) The juvenile diversion grant program and the juvenile community alternatives grant program may be established, subject to available funding. (b) The Indiana criminal justice institute (as described in IC 5-2-6) shall administer the programs described in this chapter. …

Ind. Code § 31-40-5-3 Purpose of grant program; funding formula

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Sec. 3. (a) The purpose of the juvenile diversion grant program is as follows: (1) Prevent further involvement of the child in the formal legal system. (2) Provide eligible children with alternatives to adjudication that require the least amount of supervision and conditions nece…

Ind. Code § 31-40-5-4 Use of available funds; annual report

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Sec. 4. (a) The Indiana criminal justice institute (as described in IC 5-2-6) may use available funds to strengthen the agency's grant management capacity to: (1) serve as an efficient pass through to grantees; (2) provide quality assurance and technical assistance to grantees; a…

Ind. Code § 31-40-5-5 Collaborative service planning; application solicitation process; informational and educational sessions; review of applications

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Sec. 5. (a) A grantee participating in any program described in this chapter shall engage in collaborative service planning with the grantee's local or regional justice reinvestment advisory council (as described in IC 33-38-9.5-4), another local collaborative body that includes …