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.
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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provision adopted), the text of the new provision will appear in this style type. Also, the
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a new provision to the Indiana Code or the Indiana Constitution.
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between statutes enacted by the 2024 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1099
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 IC 31-9-2-0.4 IS REPEALED [EFFECTIVE JULY 1,
2025]. Sec. 0.4. "Abandoned child", for purposes of IC 31-34-21-4 and
IC 31-35-2-6.5, means a child who is, or who appears to be, not more
than thirty (30) days of age and whose parent:
(1) has knowingly or intentionally left the child with an
emergency medical services provider; and
(2) did not express an intent to return for the child.
SECTION 2. IC 31-9-2-0.5, AS AMENDED BY P.L.128-2012,
SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 0.5. "Abandoned infant", for purposes of
IC 31-34-21-5.6, means a child who is less than twelve (12) months
of age and whose parent, guardian, or custodian has knowingly or
intentionally left the child in:
(1) an environment that endangers the child's life or health;
or
(2) a hospital or medical facility;
and has no reasonable plan to assume the care, custody, and
control of the child.
(1) a child who is less than twelve (12) months of age and whose
parent, guardian, or custodian has knowingly or intentionally left
the child in:
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(A) an environment that endangers the child's life or health; or
(B) a hospital or medical facility;
and has no reasonable plan to assume the care, custody, and
control of the child; or
(2) a child who is, or who appears to be, not more than thirty (30)
days of age and whose parent:
(A) has knowingly or intentionally left the child with an
emergency medical services provider; and
(B) did not express an intent to return for the child.
SECTION 3. IC 31-9-2-47.3, AS ADDED BY P.L.46-2024,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 47.3. "Foster youth", for purposes of IC 31-26-4.5,
refers to an individual:
(1) who is at least sixteen (16) fifteen (15) years of age;
(2) who is not more than twenty-three (23) years of age; and
(3) who: is:
(A) is adjudicated a child in need of services under
IC 31-34-1; or
(B) an older youth in a collaborative care program under
IC 31-28-5.8; or was in foster care when the individual
became an adult (as defined by section 7(b) of this
chapter).
(C) a participant in voluntary older youth services provided by
a contractor of the department and referred to them by a
department employee.
SECTION 4. IC 31-9-2-113.1, AS ADDED BY P.L.45-2023,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 113.1. "Safe haven infant", for purposes of
IC 31-34 and IC 31-35, means a child:
(1) who is, or appears to be, not more than thirty (30) sixty (60)
days of age; and
(2) who has been voluntarily left:
(A) by a parent with an emergency medical services provider
(as defined in IC 16-41-10-1); or
(B) in a newborn safety device;
under IC 31-34-2.5-1.
SECTION 5. IC 31-19-2.5-6, AS AMENDED BY P.L.9-2024,
SECTION 496, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 6. (a) Except as provided in
subsections (b) and (c), notice may be given to an individual under
IC 31-19-4-1, IC 31-19-4-2, IC 31-19-4.5-2, IC 31-19-5-4,
IC 31-19-5-7, or IC 31-35-1.5 by:
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(1) sending a copy of the notice to:
(A) the individual's residence;
(B) the individual's place of business or employment; or
(C) any other address at which the individual may be found;
by certified mail, public delivery service, or other public means
that allow the sender to obtain a written acknowledgment of
receipt, with return receipt requested;
(2) personally delivering a copy of the notice to the individual;
(3) leaving a copy of the notice at, and sending another copy of
the notice by first class mail to:
(A) the individual's dwelling, house, or usual place of
residence;
(B) the individual's place of business or employment; or
(C) any other address at which the individual may be found; or
(4) giving notice by any other means that allows the individual's
receipt of the notice to reasonably be confirmed.
(b) Notice shall be given under IC 31-19-4-1, IC 31-19-4-2,
IC 31-19-4.5-2, IC 31-19-5-4, IC 31-19-5-7, or IC 31-35-1.5 to an
individual who is imprisoned or detained in an institution by delivering
or mailing a copy of the notice to the official in charge of the
institution. The official in charge of the institution shall:
(1) immediately deliver the notice to the individual;
(2) allow the individual to make provisions for adequate
representation by counsel; and
(3) indicate in an affidavit of service that the individual has
received the notice and been given an opportunity to retain
counsel.
(c) If a petitioner for adoption of a child or a petitioner for the
termination of the parent-child relationship of a safe haven infant
(under IC 31-35-1.5) does not know the address of an individual
entitled to notice under IC 31-19-4-3, IC 31-19-4.5-2, or
IC 31-35-1.5-5, the notice must be provided to the individual as
follows:
(1) If the petitioner knows the county in which the individual
resides, the notice must be published once a week for three (3)
consecutive weeks in the print edition or electronic edition of a
newspaper of general circulation in the county.
(2) If the petitioner does not know the county in which the
individual resides, the notice must be published as follows:
(A) If the child or safe haven infant is less than thirty (30)
sixty (60) days of age at the time the petition for adoption or
petition for the termination of the parent-child relationship of
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a safe haven infant is filed, the notice must be published once
a week for three (3) consecutive weeks in the print edition or
electronic edition of a newspaper of general circulation in the
county in which the child was conceived or in which the safe
haven infant was voluntarily surrendered.
(B) If the child is at least thirty (30) sixty (60) days of age but
less than six (6) months of age at the time the petition for
adoption is filed, the notice must be published once a week for
three (3) consecutive weeks in the print edition or electronic
edition of:
(i) a newspaper of general circulation in the county in which
the child lived for the greatest proportion of the first six (6)
months of the child's life; and
(ii) a newspaper of general circulation in the county in
which the child was conceived, if different from the county
described in item (i).
(C) If the child is six (6) months of age or older at the time the
petition for adoption is filed, the notice must be published
once a week for three (3) consecutive weeks in the print
edition or electronic edition of a newspaper of general
circulation in the county in which the child lived for the
greatest proportion of the six (6) month period ending on the
date on which the petition for adoption is filed.
(d) If an individual:
(1) is served with notice of an adoption or notice to terminate the
parent-child relationship of a safe haven infant;
(2) is notified that:
(A) the individual is being served with notice; and
(B) if the individual refuses to accept the offer or tender of the
notice, the offer or tender of the notice is adequate service of
the notice, and the individual may not challenge the service of
the notice; and
(3) refuses to accept the offer or tender of the notice;
the offer or tender of the notice is adequate service of the notice, and
the individual may not challenge the service of the notice.
(e) A person accepting service of notice for another individual under
this section:
(1) shall promptly deliver the notice to the individual;
(2) shall promptly notify the individual that the person is in
possession of the notice; or
(3) if the person is not able to deliver the notice to the individual,
shall, not later than three (3) days after accepting the notice,
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notify the attorney or adoption agency attempting to serve the
notice that the person was unable to deliver the notice to the
individual.
(f) An individual to whom service is made or attempted under this
section may not impose a sanction, penalty, or punishment on, or
discriminate in any manner whatsoever against, the individual serving
or attempting to serve the notice. Willful violation of this section is
punishable as contempt of the court with jurisdiction over the adoption
proceeding.
SECTION 6. IC 31-34-2.5-1, AS AMENDED BY P.L.45-2023,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. (a) An emergency medical services provider (as
defined in IC 16-41-10-1) shall, without a court order, take custody of
a child who is, or who appears to be, not more than thirty (30) sixty
(60) days of age if except as provided in subsection (h), the child is
voluntarily left:
(1) with the provider by the child's parent;
(2) in a newborn safety device that:
(A) has been approved by a hospital licensed under IC 16-21;
(B) is physically located inside a hospital that is staffed
continuously on a twenty-four (24) hour basis every day to
provide care to patients in an emergency; and
(C) is located in an area that is conspicuous and visible to
hospital staff;
(3) in a newborn safety device that was installed on or before
January 1, 2017, and is located at a site that is staffed by an
emergency medical services provider (as defined in
IC 16-41-10-1);
(4) in a newborn safety device that:
(A) is located at a facility, fire department, or emergency
medical services station that:
(i) is staffed by an emergency medical services provider (as
defined in IC 16-41-10-1) on a twenty-four (24) hour seven
(7) day a week basis; and
(ii) has a dual alarm system to dispatch the nearest
emergency medical services provider to retrieve the
newborn infant if all emergency medical services providers
are dispatched to an emergency;
(B) is located in an area that is conspicuous and visible to
staff; and
(C) includes an adequate dual alarm system connected to the
site that is tested at least one (1) time per month to ensure the
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alarm system is in working order;
(5) in a newborn safety device that:
(A) is located at a volunteer fire department that:
(i) meets the minimum response time established by the
county, not to exceed four (4) minutes; and
(ii) is located within one (1) mile of a hospital, police
station, or emergency medical services station that is staffed
on a twenty-four (24) hour per day, seven (7) day a week
basis with full-time personnel who hold a valid
cardiopulmonary resuscitation certification and that meets
the minimum response time established by the county, not
to exceed four (4) minutes;
(B) is equipped with an alert system:
(i) that, when the newborn safety device is opened,
automatically connects to the 911 system and transmits a
request for immediate dispatch of an emergency medical
services provider (as defined in IC 16-41-10-1) to the
location of the newborn safety device; and
(ii) that is tested at least one (1) time per month to ensure
the alert system is in working order; and
(C) is equipped with a video surveillance system that allows
members of a fire department to monitor the inside of the
newborn safety device twenty-four (24) hours a day and that:
(i) has at least two (2) firefighters who are responsible for
monitoring the inside of the newborn safety device
twenty-four (24) hours a day; and
(ii) is an independent surveillance system from the alert
system described in clause (B); or
(6) with medical staff after delivery in a hospital or other medical
facility when the child's parent notifies the medical staff that the
parent is voluntarily relinquishing the child;
and the parent does not express an intent to return for the child.
(b) An emergency medical services provider who takes custody of
a child under this section shall perform any act necessary to protect the
child's physical health or safety.
(c) Any person who in good faith voluntarily leaves a child:
(1) with an emergency medical services provider;
(2) in a newborn safety device described in this section; or
(3) with medical staff as described in subsection (a)(6);
is not obligated to disclose the parent's name or the person's name.
(d) The following are immune from civil liability, unless the act or
omission constitutes gross negligence or willful or wanton misconduct:
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(1) An:
(A) emergency medical services provider; or
(B) employee of an emergency medical services provider;
for an act or omission relating to taking custody of a child under
subsection (a).
(2) A:
(A) medical staff person; or
(B) hospital or other medical facility;
for an act or omission relating to taking custody of a child under
subsection (a)(6).
(e) A hospital that approves the operation of a newborn safety
device that meets the requirements set forth in subsection (a)(2) is
immune from civil liability for an act or omission relating to the
operation of the newborn safety device unless the act or omission
constitutes gross negligence or willful or wanton misconduct.
(f) A newborn safety device described in subsection (a)(3) may
continue to operate without meeting the conditions set forth in
subsection (a)(2).
(g) A:
(1) facility, fire department, or emergency medical services
station or an employee of a facility, fire department, or emergency
medical services station that meets the requirements set forth in
subsection (a)(4); or
(2) volunteer fire department or a member of a volunteer fire
department that meets the requirements set forth in subsection
(a)(5);
is immune from civil liability for an act or omission relating to the
operation of the newborn safety device unless the act or omission
constitutes gross negligence or willful or wanton misconduct.
(h) Due to extenuating circumstances, if a child's parent or a person
is unable to give up custody of the child as described in subsection (a),
the child's parent or the person may request that an emergency medical
services provider (as defined in IC 16-41-10-1) take custody of the
child by:
(1) dialing the 911 emergency call number; and
(2) staying with the child until an emergency medical services
provider (as defined in IC 16-41-10-1) arrives to take custody of
the child.
The emergency medical dispatch agency (as defined in IC 16-31-3.5-1)
or the emergency medical services provider (as defined in
IC 16-41-10-1) shall inform the child's parent or the person described
in this subsection of the ability to remain anonymous as described in
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subsection (c).
SECTION 7. IC 31-34-21-4, AS AMENDED BY P.L.210-2019,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 4. (a) Except as provided in subsection (f), at least
seven (7) days before the periodic case review, including a case review
that is a permanency hearing under section 7 of this chapter, the
department shall provide notice of the review to each of the following:
(1) The child's parent, guardian, or custodian.
(2) An attorney who has entered an appearance on behalf of the
child's parent, guardian, or custodian.
(3) A prospective adoptive parent named in a petition for adoption
of the child filed under IC 31-19-2 if:
(A) each consent to adoption of the child that is required under
IC 31-19-9-1 has been executed in the form and manner
required by IC 31-19-9 and filed with the local office;
(B) the court having jurisdiction in the adoption case has
determined under any applicable provision of IC 31-19-9 that
consent to adoption is not required from a parent, guardian, or
custodian; or
(C) a petition to terminate the parent-child relationship
between the child and any parent who has not executed a
written consent to adoption under IC 31-19-9-2 has been filed
under IC 31-35 and is pending.
(4) The child's foster parent or long term foster parent.
(5) Any other person who:
(A) the department has knowledge is currently providing care
for the child; and
(B) is not required to be licensed under IC 12-17.2 or IC 31-27
to provide care for the child.
(6) Any other suitable relative or person whom the department
knows has had a significant or caretaking relationship to the child.
(b) The department shall present proof of service of the notice
required by subsection (a) at the periodic case review.
(c) The department shall provide notices under this section as
provided in IC 31-32-1-4.
(d) The court shall provide to a person described in subsection (a)
an opportunity to be heard and to make any recommendations to the
court in a periodic case review, including a permanency hearing under
section 7 of this chapter. The right to be heard and to make
recommendations under this subsection includes:
(1) the right of a person described in subsection (a) to submit a
written statement to the court that, if served upon all parties to the
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child in need of services proceeding and the persons described in
subsection (a), may be made a part of the court record; and
(2) the right to present oral testimony to the court and cross
examine any of the witnesses at the hearing.
(e) The department and the office of judicial administration, in
collaboration with foster parents and other stakeholders, shall prepare
a form that may be used to provide written testimony to the court under
this section. The department shall post the form on the department's
Internet web site. website. Foster parents may provide written
testimony to the court in a format other than the form described in this
subsection.
(f) Except as provided in subsection (g), this section does not
exempt the department from sending a notice of the review to each
party to the child in need of services proceeding.
(g) If the parent of an abandoned child a safe haven infant does not
disclose the parent's name as allowed by IC 31-34-2.5-1(c), the parent
is not required to be notified of a proceeding described in subsection
(a).
SECTION 8. IC 31-35-2-6.5, AS AMENDED BY P.L.128-2012,
SECTION 172, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 6.5. (a) This section applies to
hearings under this chapter relating to a child in need of services.
(b) At least ten (10) days before a hearing on a petition or motion
under this chapter:
(1) the person or entity who filed the petition to terminate the
parent-child relationship under section 4 of this chapter; or
(2) the person or entity who filed a motion to dismiss the petition
to terminate the parent-child relationship under section 4.5(d) of
this chapter;
shall send notice of the review to the persons listed in subsections (c)
and (d).
(c) Except as provided in subsection (h), the following persons shall
receive notice of a hearing on a petition or motion filed under this
chapter:
(1) The child's parent, guardian, or custodian.
(2) An attorney who has entered an appearance on behalf of the
child's parent, guardian, or custodian.
(3) A prospective adoptive parent named in a petition for adoption
of the child filed under IC 31-19-2 if:
(A) each consent to adoption of the child that is required under
IC 31-19-9-1 has been executed in the form and manner
required by IC 31-19-9 and filed with the local office or the
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department;
(B) the court having jurisdiction in the adoption case has
determined under an applicable provision of IC 31-19-9 that
consent to adoption is not required from a parent, guardian, or
custodian; or
(C) a petition to terminate the parent-child relationship
between the child and any parent who has not executed a
written consent to adoption under IC 31-19-9-2, has been filed
under IC 31-35 and is pending.
(4) Any other person who:
(A) the department has knowledge is currently providing care
for the child; and
(B) is not required to be licensed under IC 12-17.2 or IC 31-27
to provide care for the child.
(5) Any other suitable relative or person who the department
knows has had a significant or caretaking relationship to the child.
(6) Any other party to the child in need of services proceeding.
(d) At least ten (10) days before a hearing on a petition or motion
under this chapter, the department shall provide notice of the hearing
to the child's foster parent by:
(1) certified mail; or
(2) face to face contact by the department caseworker.
(e) The court shall provide to a person described in subsection (c)
or (d) an opportunity to be heard and make recommendations to the
court at the hearing. The right to be heard and to make
recommendations under this subsection includes the right of a person
described in subsection (c) or (d) to submit a written statement to the
court that, if served upon all parties to the child in need of services
proceeding and the persons described in subsections (c) and (d), may
be made a part of the court record.
(f) The court shall continue the hearing if, at the time of the hearing,
the department has not provided the court with signed verification from
the foster parent, as obtained through subsection (d), that the foster
parent has been notified of the hearing at least five (5) business days
before the hearing. However, the court is not required to continue the
hearing if the child's foster parent appears for the hearing.
(g) A person described in subsection (c)(2) through (c)(5) or
subsection (d) does not become a party to a proceeding under this
chapter as the result of the person's right to notice and the opportunity
to be heard under this section.
(h) If the parent of an abandoned child a safe haven infant does not
disclose the parent's name as allowed by IC 31-34-2.5-1(c) or indicates
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that the child is being abandoned under IC 31-34-2.5, the parent is not
required to be notified of a hearing described in subsection (c).
HEA 1099
Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
HEA 1099Every fact on this page links to its source, starting with the official bill record.