Shown verbatim: the complete text as captured from the official PDF posted by the Indiana General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the current version. The official bill page.
Second Regular Session of the 124th General Assembly (2026)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2025 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1092
AN ACT to amend the Indiana Code concerning family law and
juvenile law.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 4-38-11-1, AS ADDED BY P.L.293-2019,
SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. (a) The bureau (as defined in IC 4-33-2-3.7)
shall provide information to a certificate holder or vendor concerning
persons who are delinquent in child support.
(b) Prior to:
(1) a certificate holder disbursing a payout of six hundred dollars
($600) or more; in winnings, from sports wagering to a person
who is delinquent in child support and who is claiming the
winning sports wager in person at the certificate holder's facility,
the certificate holder: or
(2) a vendor disbursing a payout that triggers the vendor's
obligation to file Form W-2G or a substantially equivalent
form with the United States Internal Revenue Service;
the certificate holder or vendor shall check to determine if the
person claiming the payout is delinquent in child support.
(c) If the person claiming the payout described by subsection (b)
is delinquent in child support, the certificate holder or vendor:
(1) may deduct and retain an administrative fee in the amount of
the lesser of:
(A) three percent (3%) of the amount of delinquent child
support withheld under subdivision (2)(A); or
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(B) one hundred dollars ($100); and
(2) shall:
(A) withhold the amount of delinquent child support owed
from winnings;
(B) transmit to the bureau:
(i) the amount withheld for delinquent child support; and
(ii) identifying information, including the full name, address,
and Social Security number of the obligor and the child
support case identifier, the date and amount of the payment,
and the name and location of the licensed owner, operating
agent, vendor, or trustee; and
(C) issue the obligor a receipt in a form prescribed by the
bureau with the total amount withheld for delinquent child
support and the administrative fee.
(c) (d) The bureau shall notify the obligor at the address provided
by the certificate holder or vendor that the bureau intends to offset the
obligor's delinquent child support with the winnings.
(d) (e) The bureau shall hold the amount withheld from the
winnings of an obligor for ten (10) business days before applying the
amount as payment to the obligor's delinquent child support.
(e) (f) The delinquent child support required to be withheld under
this section and an administrative fee described under subsection (b)(1)
(c)(1) have priority over any secured or unsecured claim on winnings
except claims for federal or state taxes that are required to be withheld
under federal or state law.
SECTION 2. IC 31-14-11-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 1. If:
(1) a paternity affidavit is executed under IC 16-37-2-2.1; and
(2) the man who executed the paternity affidavit fails to set forth
evidence at a child support hearing that rebuts the man's paternity;
the paternity affidavit has not been set aside under
IC 16-37-2-2.1(k) or IC 16-37-2-2.1(l);
an order establishing paternity and child support for the child named
in the paternity affidavit may must be obtained at a child support
hearing without any further proceedings to establish the child's
paternity.
SECTION 3. IC 31-16-9-1, AS AMENDED BY P.L.150-2018,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. (a) This subsection applies before January 1,
2007. Upon entering an order for support in:
(1) a dissolution of marriage decree under IC 31-15-2;
(2) a legal separation decree under IC 31-15-3; or
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(3) a child support decree under IC 31-16-2;
the court shall require that support payments be made through the clerk
of the circuit court as trustee for remittance to the person entitled to
receive payments, unless the court has reasonable grounds for
providing or approving another method of payment.
(b) Beginning January 1, 2007, except as provided in subsection (c),
upon entering an order for support in:
(1) a dissolution of marriage decree under IC 31-15-2;
(2) a legal separation decree under IC 31-15-3; or
(3) a child support decree under IC 31-14-11 or IC 31-16-2;
the court shall require that support payments be made through the clerk
of the a circuit court, or the state central collection unit established by
IC 31-25-3-1, or a payment facility approved by the state, as trustee
for remittance to the person entitled to receive payments, unless the
court has reasonable grounds for providing or approving another
method of payment.
(c) The clerk of the a circuit court may only accept child support
payments that are paid in cash, and all noncash child support payments
must be paid to the state central collection unit established within the
child support bureau by IC 31-25-3-1 or a payment facility approved
by the state.
SECTION 4. IC 31-19-2-6, AS AMENDED BY P.L.206-2015,
SECTION 54, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 6. (a) A petition for adoption must specify the
following:
(1) The:
(A) name if known;
(B) sex, race, and age if known, or if unknown, the
approximate age; and
(C) place of birth;
of the child sought to be adopted.
(2) The new name to be given the child if a change of name is
desired.
(3) Whether or not the child possesses real or personal property
and, if so, the value and full description of the property.
(4) The:
(A) name, age, and place of residence of a petitioner for
adoption; and
(B) if married, place and date of their marriage.
(5) The name and place of residence, if known to the petitioner
for adoption, of:
(A) the parent or parents of the child;
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(B) if the child is an orphan:
(i) the guardian; or
(ii) the nearest kin of the child if the child does not have a
guardian;
(C) the court or agency of which the child is a ward if the child
is a ward; or
(D) the agency sponsoring the adoption if there is a sponsor.
(6) The time, if any, during which the child lived in the home of
the petitioner for adoption.
(7) Whether the petitioner for adoption has been convicted of:
(A) a felony; or
(B) a misdemeanor relating to the health and safety of
children;
and, if so, the date and description of the conviction.
(8) Whether or not a current, ongoing child support order or
medical support order is in effect for the child sought to be
adopted.
(9) If a child sought to be adopted is the subject of an open or
pending:
(A) child in need of services proceeding under IC 31-34; or
(B) delinquency proceeding under IC 31-37;
except an informal adjustment, the court in which the
proceeding is open or pending, the cause number, and the case
number, if known.
(9) (10) Additional information consistent with the purpose and
provisions of this article that is considered relevant to the
proceedings.
(b) If a current, ongoing child support order or medical support
order is in effect for the child as described in subsection (a)(8), all of
the following must be filed with the petition described under subsection
(a):
(1) A copy of the child support order or medical support order.
(2) A statement as to whether the child support order or medical
support order is enforced by the prosecuting attorney through the
Title IV-D child support program under IC 31-25-4.
SECTION 5. IC 31-27-3-3, AS AMENDED BY P.L.81-2025,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3. (a) An applicant must apply for a child caring
institution license on forms provided by the department.
(b) An applicant must submit the required information as part of the
application.
(c) The applicant must submit with the application a statement
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attesting the following:
(1) Whether the applicant has been convicted of:
(A) a felony; or
(B) a misdemeanor relating to the health and safety of
children.
(2) Whether the applicant has been charged with:
(A) a felony; or
(B) a misdemeanor relating to the health and safety of
children;
during the pendency of the application.
(d) The department, on behalf of an applicant, or, at the discretion
of the department, an applicant, shall conduct a criminal history check
of the following:
(1) Each individual who is an applicant.
(2) The director or manager of a facility where children will be
placed.
(3) Each employee or volunteer of the applicant.
(4) Each contractor or individual working in the child caring
institution who is likely to have unsupervised contact with
children in the child caring institution.
(5) Each volunteer of the applicant who is likely to have:
(A) unsupervised contact with children in the child caring
institution; or
(B) access to a child's electronic or physical medical
records.
(e) If the applicant conducts a criminal history check under
subsection (d), the applicant shall:
(1) maintain records of the information it receives concerning
each individual who is the subject of a criminal history check; and
(2) submit to the department a copy of the information it receives
concerning each person described in subsection (d)(1) through
(d)(4). (d)(5).
(f) If the department conducts a criminal history check on behalf of
an applicant under subsection (d), the department shall:
(1) determine whether the subject of a national fingerprint based
criminal history check has a record of:
(A) a conviction for a felony;
(B) a conviction for a misdemeanor relating to the health and
safety of a child; or
(C) a juvenile adjudication for a nonwaivable offense, as
defined in IC 31-9-2-84.8 that, if committed by an adult,
would be a felony;
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(2) notify the applicant of the determination under subdivision (1)
without identifying a specific offense or other identifying
information concerning a conviction or juvenile adjudication
contained in the national criminal history record information;
(3) submit to the applicant a copy of any state limited criminal
history report that the department receives on behalf of any person
described in subsection (d); and
(4) maintain a record of every report and all information the
department receives concerning a person described in subsection
(d).
(g) Except as provided in subsection (h), a criminal history check
described in subsection (d) is required only at the time an application
for a new license or the renewal of an existing license is submitted.
(h) Except as provided in subsection (i), a criminal history check of
each person described in subsection (d)(2) (d)(3), or (d)(4) through
(d)(5) must be completed on or before the date the person:
(1) is employed;
(2) is assigned as a volunteer; or
(3) enters into, or the person's employing entity enters into, a
contract with the applicant.
(i) An individual may be employed by a child caring institution as
an employee, volunteer, or contractor before a criminal history check
of the individual is completed as required under subsection (h) if all of
the following conditions are satisfied:
(1) The following checks have been completed regarding the
individual:
(A) A fingerprint based check of national crime information
data bases under IC 31-9-2-22.5(1).
(B) A national sex offender registry check under
IC 31-9-2-22.5(3).
(C) An in-state local criminal records check under
IC 31-9-2-22.5(4).
(D) An in-state child protection index check under
IC 31-33-26.
(2) If the individual has resided outside Indiana at any time during
the five (5) years preceding the individual's date of hiring by the
child caring institution, the following checks have been requested
regarding the individual:
(A) An out-of-state child abuse registry check under
IC 31-9-2-22.5(2).
(B) An out-of-state local criminal records check under
IC 31-9-2-22.5(4).
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(3) The individual's employment before the completion of the
criminal history check required under subsection (h) is limited to
training during which the individual:
(A) does not have contact with children who are under the care
and control of the child caring institution; and
(B) does not have access to records containing information
regarding children who are under the care and control of the
child caring institution.
(4) The individual completes an attestation, under penalty of
perjury, disclosing:
(A) any abuse or neglect complaints made against the
individual with the child welfare agency of a state other than
Indiana in which the individual resided within the five (5)
years preceding the date of the attestation; and
(B) any contact the individual had with a law enforcement
agency in connection with the individual's suspected or alleged
commission of a crime in a state other than Indiana in which
the individual resided within the five (5) years preceding the
date of the attestation.
(j) The applicant or facility is responsible for any fees associated
with a criminal history check.
(k) The department shall, at the applicant's request, inform the
applicant whether the department has or does not have a record of the
person who is the subject of a criminal history check and if the
department has identified the person as an alleged perpetrator of abuse
or neglect. The department may not provide to the applicant any details
or personally identifying information contained in any child protective
services investigation report.
(l) A person who is the subject of a criminal history check
conducted in accordance with this section may request the state police
department to provide the person with a copy of any state or national
criminal history report concerning the person.
SECTION 6. IC 31-27-3-5, AS AMENDED BY P.L.243-2019,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 5. (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; or
(B) an employee, volunteer, or contractor of the applicant.
(2) A criminal conviction of the applicant, or the director or
manager of a facility where children will be placed by the
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applicant, of:
(A) a felony;
(B) a misdemeanor related to the health and safety of a child;
(C) a misdemeanor for operating a child caring institution,
foster family home, group home, or child placing agency
without a license under this article (or IC 12-17.4 before its
repeal); or
(D) a misdemeanor for operating a child care center or child
care home without a license under IC 12-17.2.
(3) A determination by the department that the applicant made
false statements in the applicant's application for licensure.
(4) A determination by the department that the applicant made
false statements in the records required by the department.
(5) A determination by the department that:
(A) the applicant; or
(B) an employee, volunteer, or contractor of the applicant;
previously operated a home or facility without a license required
under any applicable provision of this article (or IC 12-17.4
before its repeal) or IC 12-17.2.
(6) A juvenile adjudication of the applicant for a nonwaivable
offense, as defined in IC 31-9-2-84.8 that, if committed by an
adult, would be a felony.
(7) A determination by the department that the applicant was
previously licensed under this article and the license was
revoked within one (1) year of the current application.
(b) An application for a license may also be denied if an employee,
volunteer, or contractor of the applicant has had any of the following:
(1) A conviction of a nonwaivable offense, as defined in
IC 31-9-2-84.8.
(2) A conviction of any other felony or a misdemeanor relating to
the health and safety of a child, unless the applicant is granted a
waiver by the department with regard to the employee, volunteer,
or contractor.
(3) A juvenile adjudication for a nonwaivable offense, as defined
in IC 31-9-2-84.8 that, if committed by an adult, would be a
felony, unless the applicant is granted a waiver by the department
with regard to the employee, volunteer, or contractor.
(c) In determining whether to grant a waiver under subsection (b),
the department shall consider the following factors:
(1) The length of time that has passed since the disqualifying
conviction.
(2) The severity, nature, and circumstances of the offense.
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(3) Evidence of rehabilitation.
(4) The duties and qualifications required for the proposed
employment positions, volunteer assignment, or contract.
(d) Notwithstanding subsection (a) or (b), if:
(1) a license application could be denied due to a criminal
conviction of, or a determination of child abuse or neglect by, an
employee, volunteer, or contractor of the applicant; and
(2) the department determines that the employee, volunteer, or
contractor has been dismissed by the applicant within a
reasonable time after the applicant became aware of the
conviction or determination;
the criminal conviction of, or determination of child abuse or neglect
by, the former employee, former volunteer, or former contractor does
not constitute a sufficient basis for the denial of a license application.
(e) The department may adopt rules to implement this section.
SECTION 7. IC 31-27-5-6, AS AMENDED BY P.L.243-2019,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: 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; or
(B) an employee, volunteer, or contractor of the applicant.
(2) A criminal conviction of the applicant, or the director or
manager of a facility where children will be placed by the
applicant, for any of the following:
(A) A felony.
(B) A misdemeanor related to the health and safety of a child.
(C) A misdemeanor for operating a child caring institution,
foster family home, group home, or child placing agency
without a license under this article (or IC 12-17.4 before its
repeal).
(D) A misdemeanor for operating a child care center or child
care home without a license under IC 12-17.2.
(3) A determination by the department that the applicant made
false statements in the applicant's application for licensure.
(4) A determination by the department that the applicant made
false statements in the records required by the department.
(5) A determination by the department that:
(A) the applicant; or
(B) an employee, volunteer, or contractor of the applicant;
previously operated a home or facility without a license required
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under any applicable provision of this article (or IC 12-17.4
before its repeal) or IC 12-17.2.
(6) A juvenile adjudication of the applicant for a nonwaivable
offense, as defined in IC 31-9-2-84.8 that, if committed by an
adult, would be a felony.
(7) A determination by the department that the applicant was
previously licensed under this article and the license was
revoked within one (1) year of the current application.
(b) An application for a license may also be denied if an employee,
volunteer, or contractor of the applicant has had any of the following:
(1) A conviction of a nonwaivable offense, as defined in
IC 31-9-2-84.8.
(2) A conviction of any other felony or a misdemeanor relating to
the health and safety of a child, unless the applicant is granted a
waiver by the department to employ or assign the person as a
volunteer in a position described in this subsection.
(3) A juvenile adjudication for a nonwaivable offense, as defined
in IC 31-9-2-84.8 that, if committed by an adult, would be a
felony, unless the applicant is granted a waiver by the department
to employ or assign the person as a volunteer in a position
described in this subsection.
(c) In determining whether to grant a waiver under subsection (b),
the department shall consider the following factors:
(1) The length of time that has passed since the disqualifying
conviction.
(2) The severity, nature, and circumstances of the offense.
(3) Evidence of rehabilitation.
(4) The duties and qualifications required for the proposed
employment positions, volunteer assignment, or contract.
(d) Notwithstanding subsection (a) or (b), if:
(1) a license application could be denied due to a criminal
conviction of, or a determination of child abuse or neglect by, an
employee, volunteer, or contractor of the applicant; and
(2) the department determines that the employee, volunteer, or
contractor has been dismissed by the applicant within a
reasonable time after the applicant became aware of the
conviction or determination;
the criminal conviction of, or determination of child abuse or neglect
by, the former employee, former volunteer, or former contractor does
not constitute a sufficient basis for the denial of a license application.
(e) The department may adopt rules to implement this section.
SECTION 8. IC 31-27-6-3, AS AMENDED BY P.L.243-2019,
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SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3. (a) The following constitute sufficient grounds
for denial of a license application:
(1) A determination by the department of child abuse or neglect
by:
(A) the applicant; or
(B) an employee, volunteer, or contractor of the applicant.
(2) A criminal conviction of the applicant, or the director or
manager of a facility where children will be placed by the
licensee, for any of the following:
(A) A felony.
(B) A misdemeanor related to the health and safety of a child.
(C) A misdemeanor for operating a child caring institution,
foster family home, group home, or child placing agency
without a license under this article (or IC 12-17.4 before its
repeal).
(D) A misdemeanor for operating a child care center or child
care home without a license under IC 12-17.2.
(3) A determination by the department that the applicant made
false statements in the applicant's application for licensure.
(4) A determination by the department that the applicant made
false statements in the records required by the department.
(5) A determination by the department that:
(A) the applicant; or
(B) an employee, volunteer, or contractor of the applicant;
previously operated a home or facility without a license required
under any applicable provision of this article (or IC 12-17.4
before its repeal) or IC 12-17.2.
(6) A juvenile adjudication of the applicant for a nonwaivable
offense, as defined in IC 31-9-2-84.8 that, if committed by an
adult, would be a felony.
(7) A determination by the department that the applicant was
previously licensed under this article and the license was
revoked within one (1) year of the current application.
(b) An application for a license may also be denied if an employee,
volunteer, or contractor of the applicant has had any of the following:
(1) A conviction of a nonwaivable offense, as defined in
IC 31-9-2-84.8.
(2) A conviction of any other felony or a misdemeanor relating to
the health and safety of a child, unless the applicant is granted a
waiver by the department with regard to the employee, volunteer,
or contractor.
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(3) A juvenile adjudication for a nonwaivable offense, as defined
in IC 31-9-2-84.8 that, if committed by an adult, would be a
felony, unless the applicant is granted a waiver by the department
with regard to the employee, volunteer, or contractor.
(c) In determining whether to grant a waiver under subsection (b),
the department shall consider the following factors:
(1) The length of time that has passed since the disqualifying
conviction.
(2) The severity, nature, and circumstances of the offense.
(3) Evidence of rehabilitation.
(4) The duties and qualifications required for the proposed
employment positions, volunteer assignment, or contract.
(d) Notwithstanding subsection (a) or (b), if:
(1) a license application could be denied due to a criminal
conviction of, or a determination of child abuse or neglect by, an
employee, volunteer, or contractor of the applicant; and
(2) the department determines that the employee, volunteer, or
contractor has been dismissed by the applicant within a
reasonable time after the applicant became aware of the
conviction or determination;
the criminal conviction of, or determination of child abuse or neglect
by, the former employee, former volunteer, or former contractor does
not constitute a sufficient basis for the denial of a license application.
(e) The department may adopt rules to implement this section.
SECTION 9. IC 31-33-8-7, AS AMENDED BY P.L.213-2021,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 7. (a) The department's assessment, to the extent
that is reasonably possible, must include the following:
(1) The nature, extent, and cause of the known or suspected child
abuse or neglect.
(2) The identity of the person allegedly responsible for the child
abuse or neglect.
(3) The names and conditions of other children in the home.
(4) An evaluation of the parent, guardian, custodian, or person
responsible for the care of the child.
(5) The home environment and the relationship of the child to the
parent, guardian, or custodian or other persons responsible for the
child's care.
(6) All other data considered pertinent.
(b) The assessment may include the following:
(1) A visit to the child's home.
(2) An interview with the subject child:
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(A) upon receiving parental consent;
(B) upon receiving a court order; or
(C) if there are exigent circumstances as defined by
IC 31-9-2-44.1.
(3) A physical, psychological, or psychiatric examination of any
child in the home.
(c) If:
(1) admission to the home, the school, or any other place that the
child may be; or
(2) permission of the parent, guardian, custodian, or other persons
responsible for the child for the physical, psychological, or
psychiatric examination;
under subsection (b) cannot be obtained, the juvenile court, upon good
cause shown, shall follow the procedures under IC 31-32-12.
(d) If a custodial parent, a guardian, or a custodian of a child refuses
to allow the department to interview the child after the caseworker has
attempted to obtain the consent of the custodial parent, guardian, or
custodian to interview the child, the department may petition a court to
order the custodial parent, guardian, or custodian to make the child
available to be interviewed by the caseworker.
(e) If the court finds that:
(1) a custodial parent, a guardian, or a custodian has been
informed of the hearing on a petition described under subsection
(d); and
(2) the department has made reasonable and unsuccessful efforts
to obtain the consent of the custodial parent, guardian, or
custodian to interview the child;
the court shall specify in the order the efforts the department made to
obtain the consent of the custodial parent, guardian, or custodian and
may grant the motion to interview the child, either with or without the
custodial parent, guardian, or custodian being present.
(f) If the department requests to interview a child at the child's
school, the school, except a nonaccredited nonpublic school that has
less than one (1) employee, shall grant access to the department to
interview the child alone, if the department employee presents:
(1) their credentials as a department case worker, department
issued credential, or other proof of employment with the
department, for inspection upon arrival at the school; and
(2) a written statement that the department "has parental consent
or a court order, or exigent circumstances exist as defined by
IC 31-9-2-44.1 to interview [insert child's name]". The written
statement under this subdivision shall not disclose any of the facts
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of the allegations or evidence and may be transmitted to the
school electronically.
(g) If the department provides a written statement under subsection
(f)(2), the school shall:
(1) not maintain the written statement in the child's file; and
(2) protect the child and the child's family's confidentiality
regarding the written statement and the interview.
(h) If a parent, guardian, or custodian of a child who is the subject
of a substantiated investigation of abuse or neglect is an active duty
member of the military, the department shall notify the United States
Department of Defense Family Advocacy Program of the assessment
concerning the child of the active duty member of the military upon
request.
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Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
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