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
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 2024 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1605
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 12-8-1.5-6.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 6.1. (a) Subject to an approved
state plan amendment or waiver under subsection (b), the office of
the secretary shall, immediately upon request by the department
of child services, provide to the department of child services
address information that is maintained by the office of the
secretary and that is necessary for the department of child services
to:
(1) respond to a report of suspected child abuse or neglect
under IC 31-33; or
(2) take action concerning a child with regard to whom
exigent circumstances (as defined by IC 31-9-2-44.1) exist.
(b) The office of the secretary shall apply for any state plan
amendment or waiver necessary to implement this section.
SECTION 2. IC 12-14-1-7, AS ADDED BY P.L.161-2007,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 7. (a) A record that identifies an individual who
has applied for, or is receiving, cash assistance or supportive services
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under the TANF program:
(1) is confidential; and
(2) is exempt from the disclosure requirements of IC 5-14-3-3.
(b) The division may use or disclose information concerning a
TANF applicant or recipient only for purposes directly connected to the
following:
(1) The administration, including establishing eligibility,
determining the amount of assistance, and providing services for
applicants and recipients, of a state plan or program approved
under:
(A) Title I;
(B) Title IV-A;
(C) Title IV-B;
(D) Title IV-D;
(E) Title IV-E;
(F) Title X;
(G) Title XIV;
(H) Title XV;
(I) Title XVI;
(J) Title XIX;
(K) Title XX; or
(L) Title XXI;
of the federal Social Security Act.
(2) An investigation, a prosecution, or a civil or criminal
proceeding conducted concerning the administration of the TANF
program or a program described in subdivision (1).
(3) The administration of any federal, state, or township program
that provides assistance or services to individuals on the basis of
need.
(4) A request by the department of child services under
IC 12-8-1.5-6.1.
(c) The division shall safeguard information, including the
following:
(1) The name and address of an applicant or a recipient.
(2) Information concerning the economic and social conditions of
an individual.
(3) The evaluation of information concerning an individual.
(4) Medical information.
SECTION 3. IC 31-9-2-45.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]: Sec. 45.5. "Fentanyl containing substance", for purposes
of the juvenile law, has the meaning set forth in IC 35-31.5-2-130.6.
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SECTION 4. IC 31-9-2-45.6 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]: Sec. 45.6. "Fentanyl related substance", for purposes of
the juvenile law, has the meaning set forth in IC 35-31.5-2-130.5.
SECTION 5. IC 31-9-2-51 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 51. "Hard to place
child" or "hard to place children", for purposes of IC 31-19 and
IC 31-34, means a child who is or children who are disadvantaged:
(1) because of:
(A) ethnic background;
(B) race;
(C) color;
(D) language;
(E) physical, mental, or medical disability; or
(F) age; or
(2) because the child or children are members of a sibling group
that should be placed in the same home.
SECTION 6. IC 31-10-2-1, AS AMENDED BY P.L.45-2024,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. It is the policy of this state and the purpose of
this title to:
(1) recognize the importance of family and children in our society,
including the parenting rights of a parent, regardless of whether
the parent has a disability;
(2) recognize the responsibility of the state to enhance the
viability of children and family in our society;
(3) acknowledge the responsibility each person owes to the other;
(4) recognize the responsibility of the state and of the
department of child services for the safety of children who are
abused or neglected;
(4) (5) strengthen family life by assisting parents to fulfill their
parental obligations while recognizing that a parent's interest
in receiving services at the time and expense of the state for
purposes of reunification is limited as set forth in
IC 31-34-20-1.6;
(5) (6) promote the safety of all children involved in the
juvenile justice system and ensure that children within the
juvenile justice system are treated as persons in need of care,
protection, treatment, and rehabilitation;
(6) (7) remove children from families only when it is in the child's
best interest or in the best interest of public safety;
(8) ensure timely placement of children in foster care into
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permanent homes;
(7) (9) make reasonable efforts to support and facilitate two-way
communication between a child's parent or parents and any
licensed foster parent or kinship caregiver caring for the child
following removal by the department of child services;
(8) (10) provide for adoption as a viable permanency plan for
children who are adjudicated children in need of services;
(9) (11) provide a juvenile justice system that protects the public
by enforcing the legal obligations that children have to society
and society has to children;
(10) (12) use diversionary programs when appropriate;
(11) (13) provide a judicial procedure that:
(A) ensures fair hearings;
(B) recognizes and enforces the legal rights of children and
their parents; and
(C) recognizes and enforces the accountability of children and
parents;
(12) (14) promote public safety and individual accountability by
the imposition of appropriate sanctions; and
(13) (15) provide a continuum of services developed in a
cooperative effort by local governments and the state.
SECTION 7. IC 31-32-1-5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]: Sec. 5. Except as provided in IC 31-34-11-1 and
IC 31-35-2-6, a procedural deadline set forth in:
(1) IC 31-34 with regard to a child in need of services
proceeding; or
(2) IC 31-35 with regard to a proceeding to terminate the
parent-child relationship;
is not subject to waiver, whether affirmative or implied, by a party
to the proceeding.
SECTION 8. IC 31-32-2-3.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]: Sec. 3.5. An individual with whom a child is placed, or a
representative of a licensed child placing agency (as defined by
IC 31-9-2-17.5) that is providing services to a child, during child in
need of services proceedings regarding the child is entitled to
attend, in its entirety, any hearing conducted as part of:
(1) the child in need of services proceedings; or
(2) proceedings to terminate the parent-child relationship
resulting from a petition filed with regard to the child under
IC 31-35-2-4 during the child in need of services proceedings.
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SECTION 9. IC 31-32-2.5-1, AS AMENDED BY P.L.46-2024,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. (a) Except as provided in subsection (b) and
subject to this chapter, an individual who is providing care and
supervision of a child as:
(1) a foster parent;
(2) a long term foster parent; or
(3) a person who has been a foster parent; or
(4) (3) an unlicensed kinship caregiver;
of a child may petition the court to request intervention as a party
during any stage of at the time the child is the subject of a child in
need of services proceeding under IC 31-34 or a termination of
parent-child relationship proceeding under IC 31-35 concerning the
child may intervene as a party during any stage of the proceeding
if the individual files a petition to intervene with the court and the
court makes the findings described in section 3 of this chapter.
(b) Any person described in subsection (a) who has been:
(1) the subject of a substantiated report of child abuse or neglect;
or
(2) convicted of a nonwaivable offense, as defined in
IC 31-9-2-84.8;
may not petition the court to intervene under this chapter.
SECTION 10. IC 31-32-2.5-3, AS ADDED BY P.L.210-2019,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 3. (a) A court shall grant a petition to intervene
filed under this chapter if the court determines that intervention by the
petitioner is in the best interests of the child.
(b) A court shall grant a petition filed under this chapter
requesting intervention in a child in need of services proceeding
under IC 31-34 concerning a child for whom the petitioner is
providing care and supervision if the court determines that:
(1) the petitioner has provided care and supervision for the
child for at least twelve (12) months following the initial
removal of the child from the home of the child's parent,
guardian, or custodian, regardless of whether the twelve (12)
months during which the petitioner has provided care and
supervision for the child were consecutive;
(2) a petition to terminate the parent-child relationship has
been filed with regard to the child; or
(3) the child has been removed from the home of the child's
parent, guardian, or custodian for at least twelve (12) months
and the petitioner has filed a petition for adoption or
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guardianship of the child.
(c) A court shall grant a petition filed under this chapter
requesting intervention in a termination of parent-child
relationship proceeding under IC 31-35 concerning a child for
whom the petitioner is providing care and supervision.
SECTION 11. IC 31-34-1-2, AS AMENDED BY P.L.172-2022,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 2. (a) A child is a child in need of services if
before the child becomes eighteen (18) years of age:
(1) the child's physical or mental health is seriously endangered
due to injury by the act or omission of the child's parent, guardian,
or custodian, including failure of the child's parent, guardian,
or custodian to protect the child from exposure to the use,
possession, sale, or manufacture of illegal drugs; and
(2) the child needs care, treatment, or rehabilitation that:
(A) the child is not receiving; and
(B) is unlikely to be provided or accepted without the coercive
intervention of the court.
(b) A child is a child in need of services if, before the child becomes
eighteen (18) years of age:
(1) the child is a victim of:
(A) an offense under IC 35-42-1-2.5;
(B) an offense under IC 35-42-2-1;
(C) an offense under IC 35-42-2-1.3;
(D) an offense under IC 35-42-2-1.5;
(E) an offense under IC 35-42-2-9;
(F) an offense under IC 35-42-2-10; or
(G) an offense under IC 35-46-1-4;
(2) the offense described in subdivision (1) was committed by the
parent, guardian, or custodian of the child; and
(3) the child needs care, treatment, or rehabilitation that:
(A) the child is not receiving; and
(B) is unlikely to be provided or accepted without the coercive
intervention of the court.
(c) A child is a child in need of services if, before the child becomes
eighteen (18) years of age, the child:
(1) lives in the same household as an adult who:
(A) committed:
(i) an offense described in subsection (b)(1); or
(ii) an offense under IC 35-42-1-1, IC 35-42-1-2,
IC 35-42-1-3, IC 35-42-1-4, or IC 35-42-1-5;
against another child who lives in the household and the
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offense resulted in a conviction or a judgment under
IC 31-34-11-2; or
(B) has been charged with committing an offense described in
clause (A) against another child who lives in the household
and is awaiting trial; and
(2) needs care, treatment, or rehabilitation that:
(A) the child is not receiving; and
(B) is unlikely to be provided or accepted without the coercive
intervention of the court.
(d) Evidence that the illegal manufacture of a drug or controlled
substance is occurring on property where a child resides creates a
rebuttable presumption that the child's physical or mental health is
seriously endangered.
SECTION 12. IC 31-34-5-3, AS AMENDED BY P.L.146-2008,
SECTION 580, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: 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 services and that any of the following
factors applies:
(1) Detention is necessary to protect the child.
(2) The child is unlikely to appear before the juvenile court for
subsequent proceedings.
(3) The child has a reasonable basis for requesting that the child
not be released.
(4) The parent, guardian, or custodian:
(A) cannot be located; or
(B) is unable or unwilling to take custody of the child. or
(5) Consideration for the safety of the child precludes the use of
family services to prevent removal of the child. In considering
this factor, the court shall:
(A) give great weight to evidence:
(i) of the presence in the child's residence of; or
(ii) that the child has been exposed to;
a fentanyl containing substance or fentanyl related
substance for which the child's parent, guardian, or
custodian does not have a valid prescription; and
(B) evaluate whether the evidence described in clause (A)(i)
or (A)(ii) necessitates removal in consideration of the
following factors:
(i) The age of the child.
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(ii) Whether the child is particularly vulnerable to the
harmful effects of the fentanyl containing substance or
fentanyl related substance due to the child's medical or
developmental condition.
(iii) The risk of the child accidentally ingesting the
fentanyl containing substance or fentanyl related
substance.
(b) The juvenile court shall include in any order approving or
requiring detention of a child all findings and conclusions required
under:
(1) applicable provisions of Title IV-E of the federal Social
Security Act (42 U.S.C. 670 et seq.); or
(2) any applicable federal regulation, including 45 CFR 1356.21;
as a condition of eligibility of a child in need of services for assistance
under Title IV-E or any other federal law.
(c) Inclusion in a juvenile court order of language approved and
recommended by the judicial conference of Indiana, in relation to:
(1) removal from the child's home; or
(2) detention;
of a child who is alleged to be, or adjudicated as, a child in need of
services constitutes compliance with subsection (b).
SECTION 13. IC 31-34-9-7, AS AMENDED BY P.L.145-2006,
SECTION 295, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 7. The:
(1) child;
(2) child's parents, guardian, or custodian;
(3) department; and
(4) guardian ad litem or court appointed special advocate;
are parties to the proceedings described in the juvenile law and have all
rights of parties under the Indiana Rules of Trial Procedure, including
rights of discovery, subpoena, examination of witnesses, and
presentation of evidence at any hearing, including a fact finding
hearing.
SECTION 14. IC 31-34-11-1, AS AMENDED BY P.L.48-2012,
SECTION 59, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. (a) Except as provided in subsection (b), unless
the allegations of a petition have been admitted, the juvenile court shall
complete a factfinding hearing not more than sixty (60) days after a
petition alleging that a child is a child in need of services is filed in
accordance with IC 31-34-9.
(b) The juvenile court may extend the time to complete a factfinding
hearing, as described in subsection (a), for an additional sixty (60) days
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if all parties in the action consent to the additional time.
(c) If the factfinding hearing is not held immediately after the initial
hearing as provided under IC 31-34-10-9, the department shall provide
notice of any factfinding hearing to each foster parent or other
caretaker with whom the child has been placed for temporary care. The
court shall provide a person who is required to be notified under this
subsection an opportunity to be heard at the factfinding hearing.
(d) If the factfinding hearing is not held within the time set forth in
subsection (a) or (b), upon a motion with the court, the court shall
dismiss the case without prejudice unless the court finds that the
extension is necessitated by:
(1) unanticipated, emergent circumstances;
(2) the circumstances of the case; or
(3) the Indiana Rules of Trial Procedure.
SECTION 15. IC 31-34-12-4.6 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 4.6. (a) There is a rebuttable
presumption that a child is a child in need of services if the court
finds that the child lives in the same household as an adult who is
subject to an order requiring the adult to participate in a program
of care, treatment, or rehabilitation under IC 31-34-20-3.
(b) There is a rebuttable presumption that a child is a child in
need of services if the court finds that the child's parent, guardian,
or custodian willfully or knowingly:
(1) exposed the child to the illegal manufacture or distribution
of a legend drug or controlled substance; or
(2) exposed the child to:
(A) methamphetamine;
(B) fentanyl; or
(C) a fentanyl containing substance (as defined by
IC 35-48-1-16.7);
for which the parent, guardian, or custodian did not have a
valid prescription.
SECTION 16. IC 31-34-20-1, AS AMENDED BY P.L.172-2022,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. (a) Subject to this section and section sections
1.5 and 1.6 of this chapter, if a child is a child in need of services, the
juvenile court may enter one (1) or more of the following dispositional
decrees:
(1) Order supervision of the child by the department.
(2) Order the child to receive outpatient treatment:
(A) at a social service agency or a psychological, a psychiatric,
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a medical, or an educational facility; or
(B) from an individual practitioner.
(3) Remove the child from the child's home and authorize the
department to place the child in another home, shelter care
facility, child caring institution, group home, or secure private
facility. Placement under this subdivision includes authorization
to control and discipline the child.
(4) Award wardship of the child to the department for
supervision, care, and placement.
(5) Partially or completely emancipate the child under section 6
of this chapter.
(6) Unless a finding has been made under IC 31-34-21-5.6 that
reasonable efforts for family preservation or reunification are
not required, order the child's parent, guardian, or custodian to
complete reunification services recommended by the department
and approved by the court under IC 31-34-18 and IC 31-34-19,
which may include services described in section 3(a) of this
chapter. In determining the reunification services that are
appropriate, the court shall take into consideration:
(A) any failure of the parent, guardian, or custodian to
substantially participate in previously ordered services or
substantially comply with a previous case plan;
(B) any history of the parent, guardian, or custodian
abusing the child while the parent, guardian, or custodian
was under the influence of drugs or alcohol;
(C) any history of the parent, guardian, or custodian
directing violent behavior at the child or at a member of
the child's immediate family;
(D) whether the parent, guardian, or custodian continues
to reside with an individual who abused the child;
(E) any patterns of behavior by the parent, guardian, or
custodian that have exposed the child to repeated abuse;
(F) any testimony by a competent professional that
remediation of the parent's, guardian's, or custodian's
behavior is unlikely to be successful; and
(G) whether the parent, guardian, or custodian has
expressed an interest in reunification with the child.
In determining the appropriateness of the reunification
services, the court shall consider the child's health, welfare,
and safety as the paramount concern.
(7) Order a person who is a party to refrain from direct or indirect
contact with the child.
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(8) Order a perpetrator of child abuse or neglect to refrain from
returning to the child's residence.
(b) A juvenile court may not place a child in a home or facility that
is located outside Indiana unless:
(1) the placement is recommended or approved by the director of
the department or the director's designee; or
(2) the juvenile court makes written findings based on clear and
convincing evidence that:
(A) the out-of-state placement is appropriate because there is
not an equivalent facility with adequate services located in
Indiana;
(B) institutional care in the other jurisdiction is in the best
interest of the child and will not produce undue hardship; or
(C) the location of the home or facility is within a distance not
greater than fifty (50) miles from the county of residence of
the child.
(c) If a dispositional decree under this section:
(1) orders or approves removal of a child from the child's home or
awards wardship of the child to the department; and
(2) is the first juvenile court order in the child in need of services
proceeding that authorizes or approves removal of the child from
the child's parent, guardian, or custodian;
the juvenile court shall include in the decree the appropriate findings
and conclusions described in IC 31-34-5-3(b) and IC 31-34-5-3(c).
SECTION 17. IC 31-34-20-1.6 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 1.6. (a) This section applies to a
child:
(1) who:
(A) is the subject of a child in need of services petition that
is filed after the child is removed from the care or custody
of the child's parent, guardian, or custodian under
IC 31-34-2-3, regardless of whether the child is returned to
the care or custody of the parent, guardian, or custodian at
any time before the entry of the dispositional decree; or
(B) is removed from the care or custody of the child's
parent, guardian, or custodian under the child's
dispositional decree under section 1(a)(3) of this chapter;
and
(2) whose dispositional decree includes an order under section
1(a)(6) of this chapter requiring a parent, guardian, or
custodian of the child to complete reunification services.
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(b) Except as provided in subsections (c) and (d), a court may
not provide for a child's parent, guardian, or custodian to receive
reunification services for more than:
(1) if the child is removed from the parent, guardian, or
custodian after June 30, 2025, and before July 1, 2026, fifteen
(15) months; or
(2) if the child is removed from the parent, guardian, or
custodian after June 30, 2026, twelve (12) months;
after the date of the child's removal under IC 31-34-2-3 or under
the child's dispositional decree, whichever is earlier.
(c) A court may extend the provision of reunification services to
a child's parent, guardian, or custodian for:
(1) a period of not more than ninety (90) days if the court
finds after an evidentiary hearing that:
(A) the parent, guardian, or custodian has substantially
complied with the child's dispositional decree; and
(B) the extension is in the child's best interests; and
(2) an additional period of not more than ninety (90) days
following an extension under subdivision (1) if the court:
(A) finds after an evidentiary hearing, by clear and
convincing evidence, that:
(i) the parent, guardian, or custodian has substantially
complied with the child's dispositional decree; and
(ii) the extension is in the child's best interests; and
(B) includes in the order for the extension:
(i) the facts upon which the court based the court's
findings under clause (A); and
(ii) the time period within which it is likely that
reunification of the child with the parent will occur.
(d) A court may extend the provision of reunification services to
a child's parent, guardian, or custodian if the court finds after an
evidentiary hearing that the child's parent, guardian, or custodian,
by no fault of the parent, guardian, or custodian, was not afforded
an adequate opportunity to substantially participate in the
reunification services.
(e) The following are not a basis for an extension under
subsection (c) or (d):
(1) Delay or failure by the parent, guardian, or custodian to
establish paternity or seek custody of the child.
(2) Failure of the parent, guardian, or custodian to
substantially participate in the reunification services due to
the conduct of the parent, guardian, or custodian.
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(f) In determining whether to extend the provision of
reunification services to a child's parent under subsection (c) or
(d), a court shall take into consideration the status of any minor
siblings of the child.
SECTION 18. IC 31-34-21-5, AS AMENDED BY P.L.69-2024,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 5. (a) Subject to subsection (c), the court shall
determine:
(1) whether the child's case plan, services, and placement meet
the special needs and best interests of the child;
(2) whether the department has made reasonable efforts to
provide family services, unless a finding has been made under
section 5.6 of this chapter that reasonable efforts for family
preservation or reunification are not required; and
(3) a projected date for the child's return home, the child's
adoption placement, the child's emancipation, or the appointment
of a legal guardian for the child under section 7.5(c)(1)(D) of this
chapter.
(b) The determination of the court under subsection (a) must be
based on findings written after consideration of the following:
(1) Whether the department, the child, or the child's parent,
guardian, or custodian has complied with the child's case plan.
(2) Written documentation containing descriptions of:
(A) the family services that have been offered or provided to
the child or the child's parent, guardian, or custodian;
(B) the dates during which the family services were offered or
provided; and
(C) the outcome arising from offering or providing the family
services.
(3) The extent of the efforts made by the department to offer and
provide family services.
(4) The extent to which the parent, guardian, or custodian has
enhanced the ability to fulfill parental obligations.
(5) The extent to which the parent, guardian, or custodian has
visited the child, including the reasons for infrequent visitation.
(6) The extent to which the parent, guardian, or custodian has
cooperated with the department.
(7) The child's recovery from any injuries suffered before
removal.
(8) Whether any additional services are required for the child or
the child's parent, guardian, or custodian and, if so, the nature of
those services.
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(9) The extent to which the child has been rehabilitated.
(10) If the child is placed out-of-home, whether the child is in the
least restrictive, most family-like setting, and whether the child is
placed close to the home of the child's parent, guardian, or
custodian.
(11) The extent to which the causes for the child's out-of-home
placement or supervision have been alleviated.
(12) Whether current placement or supervision by the department
should be continued.
(13) The extent to which the child's parent, guardian, or custodian
has participated or has been given the opportunity to participate
in case planning, periodic case reviews, dispositional reviews,
placement of the child, and visitation.
(14) Whether the department has made reasonable efforts to
reunify or preserve a child's family unless reasonable efforts are
not required under section 5.6 of this chapter.
(15) Subject to subsection (c), whether it is an appropriate time to
prepare or implement a permanency plan for the child under
section 7.5 of this chapter.
(16) If:
(A) the child has been in an out-of-home placement at any
time during the child in need of services proceeding; and
(B) the child's dispositional decree includes an order under
IC 31-34-20-1(a)(6) requiring the child's parent, guardian,
or custodian to receive reunification services;
the amount of time remaining for the parent, guardian, or
custodian to complete the reunification services under
IC 31-34-20-1.6.
(c) The permanency plan for a child who has, at the time of a
periodic case review or permanency hearing, been removed from the
child's parent for at least twelve (12) months of the most recent
twenty-two (22) months, must include at least one (1) intended
permanent or long term arrangement for care and custody of the child
under section 7.5(c) of this chapter other than reunification of the child
with the child's parent, guardian, or custodian.
SECTION 19. IC 31-34-21-5.5, AS AMENDED BY P.L.48-2012,
SECTION 64, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 5.5. (a) In determining the extent to which
reasonable efforts to reunify or preserve a family are appropriate under
this chapter, the child's health, welfare, and safety are of paramount
concern.
(b) Except as provided in section 5.6 of this chapter, the department
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shall make reasonable efforts to preserve and reunify families as
follows:
(1) If a child has not been removed from the child's home, to
prevent or eliminate the need for removing the child from the
child's home.
(2) If a child has been removed from the child's home, to make it
possible for the child to return safely to the child's home as soon
as possible.
(c) The department may, before reunification of the child with a
parent, guardian, or custodian, conduct a criminal history check (as
defined in IC 31-9-2-22.5) of:
(1) the child's:
(A) parent;
(B) guardian; or
(C) custodian; or and
(2) a any household member of the:
(A) parent;
(B) guardian; or
(C) custodian.
(d) The department may shall:
(1) use the results of a criminal history check conducted under
subsection (c) to decide whether it is safe for the child to return
home; and
(2) provide the results of the criminal history check to the
court.
SECTION 20. IC 31-34-21-7, AS AMENDED BY P.L.69-2024,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 7. (a) The court shall hold a permanency hearing:
(1) not more than thirty (30) days after a court finds that
reasonable efforts to reunify or preserve a child's family are not
required as described in section 5.6 of this chapter;
(2) every twelve (12) months after:
(A) the date of the original dispositional decree; or
(B) a child in need of services was removed from the child's
parent, guardian, or custodian;
whichever comes first; or
(3) if:
(A) the child has been removed from the child's parent,
guardian, or custodian for at least twelve (12) months; or
(B) at least twelve (12) months have expired since the date
on which the child's dispositional decree was entered;
at the request of any party to the child in need of services
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proceeding that requests the permanency hearing on the basis
that continuation of efforts to reunify or preserve the family
are inconsistent with the best interests of the child; or
(3) (4) more often if ordered by the juvenile court.
(b) The court shall:
(1) make the determination and findings required by section 5 of
this chapter;
(2) consider the question of continued jurisdiction and whether
the dispositional decree should be modified;
(3) consider recommendations of persons listed under section 4
of this chapter, before approving a permanency plan under
subdivision (5);
(4) consult with the child in person, or through an interview with
or written statement or report submitted by:
(A) a guardian ad litem or court appointed special advocate for
the child;
(B) a case manager; or
(C) the person with whom the child is living and who has
primary responsibility for the care and supervision of the
child;
in an age appropriate manner as determined by the court,
regarding the proposed permanency plan;
(5) consider and approve a permanency plan for the child:
(A) that complies with the requirements set forth in section 7.5
of this chapter; and
(B) if the child has, at the time of the permanency hearing,
been removed from the child's parent for at least twelve (12)
months of the most recent twenty-two (22) months, that
includes at least one (1) intended permanent or long term
arrangement for care and custody of the child under section
7.5(c) of this chapter other than reunification of that would
not return the child with the child's to the care and custody
of the parent, guardian, or custodian from whose care and
custody the child has been removed;
(6) determine whether an existing permanency plan must be
modified; and
(7) examine procedural safeguards used by the department to
protect parental rights.
(c) If a child is less than sixteen (16) years of age, the intended
permanent or long term arrangement for care and custody of the
child under section 7.5(c) of this chapter may be guardianship or
placement with a permanent custodian only if the proposed
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guardian or custodian appears before the court and testifies as to
the individual's willingness to assume custody of the child.
(c) (d) If the child is at least sixteen (16) years of age and the
proposed permanency plan provides for another planned permanent
living arrangement, the court shall, at each permanency hearing, do all
the following:
(1) Require the department to provide notice of the permanency
hearing to the child, in accordance with section 4(a) of this
chapter.
(2) Provide to the child an opportunity to be heard and to make
recommendations to the court, in accordance with section 4(d) of
this chapter.
(3) Require the department to document or provide testimony
regarding the intensive, ongoing, and, as of the date of the
hearing, unsuccessful efforts made by the department to return the
child home or secure a placement for the child with a fit and
willing relative, legal guardian, or adoptive parent, including
efforts through the use of search technology, such as social media,
to find biological or adoptive family members for the child.
(4) Ask the child about the desired permanency outcome for the
child and document the child's response.
(5) Make a judicial determination explaining why, as of the date
of the hearing, another planned permanent living arrangement is
the best permanency plan for the child and provide compelling
reasons why it continues to not be in the best interests of the child
to:
(A) return home;
(B) be placed for adoption;
(C) be placed with a legal guardian; or
(D) be placed with a fit and willing relative.
(6) Require the department to document or provide testimony
regarding the steps the department is taking to ensure that:
(A) the child's foster family home, group home, secure private
facility, or child caring institution is following the reasonable
and prudent parent standard; and
(B) the child has regular, ongoing opportunities to engage in
age or developmentally appropriate activities, including
consulting with the child in an age appropriate manner about
the opportunities for the child to participate in the activities.
(d) (e) There is a rebuttable presumption that jurisdiction over the
child in a child in need of services proceeding continues for not longer
than twelve (12) months after the date of the original dispositional
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decree or twelve (12) months after the child in need of services was
removed from the child's parent, guardian, or custodian, whichever
occurs first. The state may rebut the presumption and show that
jurisdiction should continue by proving that the objectives of the
dispositional decree have not been accomplished, that a continuation
of the decree with or without any modifications is necessary, and that
it is in the child's best interests for the court to maintain its jurisdiction
over the child. If the department does not sustain its burden for
continued jurisdiction, the court shall:
(1) direct the department to establish a permanency plan within
thirty (30) days; or
(2) discharge the child and the child's parent, guardian, or
custodian.
The court may retain jurisdiction to the extent necessary to carry out
any orders under subdivision (1).
SECTION 21. IC 31-34-21-7.3, AS AMENDED BY P.L.128-2012,
SECTION 168, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 7.3. (a) This section applies after:
(1) a court approves a permanency plan for a child under
which the only intended permanent or long term arrangement
for care and custody of the child is placement of the child for
adoption, if the child is not already in a pre-adoptive
placement in a proposed adoptive home;
(1) (2) a court authorizes the filing of a petition to terminate the
parent-child relationship; or
(2) (3) a petition to terminate the parent-child relationship is filed;
in relation to a child in need of services.
(b) The department shall post the following nonidentifying
information on the Internet to facilitate a potential adoptive placement
of the child:
(1) The child's age, gender, and summary of the child's
educational, social, and medical background, including known
disabilities.
(2) The reason the child was removed from the child's home.
(3) Whether a person has expressed an interest in adopting the
child.
(4) The name, address, and telephone number of a contact person
from:
(A) the department;
(B) the appropriate local office; or
(C) licensed child placing agency;
where a person who may be interested in adopting the child may
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obtain further information about adopting the child.
(5) Whether a petition to terminate the rights of the child's parents
has been authorized or filed, and whether the rights of the child's
parents have been terminated.
(6) An address and telephone number of:
(A) the department;
(B) the appropriate local office; or
(C) licensed child placing agency;
where a person who may be interested in adopting the child may
obtain further information about adopting the child.
(c) Except as provided in subsection (d), the information posted
under subsection (b) may not identify the name of any of the following
persons:
(1) The child.
(2) The child's biological or adoptive parents.
(3) A sibling of the child.
(4) A caretaker of the child.
(d) If the child is a hard to place child, the information posted
by the department under subsection (b) may include the child's
first name and picture.
(d) (e) The department shall update any relevant information under
this section after either of the following:
(1) Each of the child's periodic reviews that occur after the
information under this section is required to be posted.
(2) The rights of the child's parents have been terminated.
(e) (f) The department shall remove the information required under
subsection (b) from the Internet whenever the child is reunited with the
child's family or an adoption of the child is filed under IC 31-19-2.
(f) (g) Upon request, the department shall inform the person making
the request of the address of the Internet web site website containing
the information described in this section.
SECTION 22. IC 31-35-1-5, AS AMENDED BY P.L.146-2007,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 5. (a) The court shall hold an initial hearing on
a petition filed under section 4 of this chapter not later than thirty
(30) days after the date on which the petition is filed.
(a) (b) Except as provided in subsection (b), (c), the parents shall be
notified of the hearing in accordance with IC 31-32-9.
(b) (c) A parent who has made a valid consent to the termination of
a parent-child relationship may waive the notice required by subsection
(a) (b) if the waiver:
(1) is in writing either:
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(A) in the parent's consent to terminate the parent-child
relationship; or
(B) in a separate document;
(2) is signed by the parent in the presence of a notary public; and
(3) contains an acknowledgment that:
(A) the waiver is irrevocable; and
(B) the parent will not receive notice of:
(i) adoption; or
(ii) termination of parent-child relationship;
proceedings.
SECTION 23. IC 31-35-1-12, AS AMENDED BY P.L.128-2012,
SECTION 171, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 12. For purposes of sections 6 and
8 of this chapter, the parents must be advised that:
(1) their consent is permanent and cannot be revoked or set aside
unless it was obtained by fraud or duress or unless the parent is
incompetent;
(2) when the court terminates the parent-child relationship:
(A) all rights, powers, privileges, immunities, duties, and
obligations, including any rights to custody, control, parenting
time, or support pertaining to the relationship, are permanently
terminated; and
(B) their consent to the child's adoption is not required;
(3) the parents have a right to the:
(A) care;
(B) custody; and
(C) control;
of their child as long as the parents fulfill their parental
obligations;
(4) the parents have a right to a judicial determination of any
alleged failure to fulfill their parental obligations in a proceeding
to adjudicate their child a delinquent child or a child in need of
services;
(5) the parents have a right to assistance in fulfilling their parental
obligations after a court has determined that the parents are not
doing so;
(6) proceedings to terminate the parent-child relationship against
the will of the parents can be initiated only after:
(A) the child has been adjudicated a delinquent child or a child
in need of services and removed from their custody following
the adjudication; or
(B) a parent has been convicted and imprisoned for an offense
HEA 1605 — Concur
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listed in IC 31-35-3-4 (or has been convicted and imprisoned
for an offense listed in IC 31-6-5-4.2(a) before its repeal), the
child has been removed from the custody of the parents under
a dispositional decree, and the child has been removed from
the custody of the parents for six (6) months under a court
order;
(7) the parents are entitled to representation by counsel, provided
by the state if necessary, throughout any proceedings to terminate
the parent-child relationship against the will of the parents;
(8) the parents will receive notice of the hearing, unless notice is
waived under section 5(b) 5(c) of this chapter, at which the court
will decide if their consent was voluntary, and the parents may
appear at the hearing and allege that the consent was not
voluntary; and
(9) the parents' consent cannot be based upon a promise regarding
the child's adoption or contact of any type with the child after the
parents voluntarily relinquish their parental rights of the child
after entry of an order under this chapter terminating the
parent-child relationship.
SECTION 24. IC 31-35-2-3.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 3.5. (a) The department shall, and
any of the following individuals may, file a petition under section
4 of this chapter with regard to a child and the child's parent if one
(1) or more of the circumstances described in subsection (b) occur:
(1) The child's guardian ad litem or court appointed special
advocate.
(2) An individual:
(A) with whom the child is placed during the child in need
of services proceedings; and
(B) who is an intervenor in the child in need of services
proceedings.
(b) The circumstances under which the department shall, or an
individual described in subsection (a) may, file a petition under
subsection (a) are as follows:
(1) Federal law requires the filing of a petition under section
4 of this chapter with regard to the child.
(2) The parent:
(A) either:
(i) has not completed; or
(ii) has not benefited from;
reunification services in which the parent was ordered to
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participate under the child's dispositional decree; and
(B) either:
(i) has not been granted an extension of the reunification
services under IC 31-34-20-1.6; or
(ii) has exhausted all extensions of the reunification
services available under IC 31-34-20-1.6.
(3) A previous petition was filed under section 4 of this
chapter with regard to the child and was subsequently
dismissed under section 4.5 of this chapter, and ninety (90)
days or more have elapsed since the petition was dismissed.
SECTION 25. IC 31-35-2-4, AS AMENDED BY P.L.70-2024,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 4. (a) A petition to terminate the parent-child
relationship involving a child adjudicated as a delinquent child or child
in need of services may be signed and filed with the juvenile or probate
court by any of the following:
(1) The attorney for the department.
(2) The child's court appointed special advocate.
(3) The child's guardian ad litem.
(4) An individual:
(A) with whom the child is placed during; and
(B) who is an intervenor in;
the child in need of services proceedings regarding the child
as provided in section 3.5 of this chapter.
(b) A petition filed under subsection (a) must be entitled "In the
Matter of the Termination of the Parent-Child Relationship of
___________, a child, and ____________, the child's parent (or
parents)".
(c) A petition filed under subsection (a) must allege:
(1) the existence of one (1) or more of the circumstances
described in subsection (d);
(2) that there is a satisfactory plan for care and treatment of the
child; and
(3) that termination of the parent-child relationship is in the
child's best interests.
(d) A petition filed under subsection (a) must allege the existence
of one (1) or more of the following circumstances:
(1) That a court has entered a finding under IC 31-34-21-5.6 that
reasonable efforts for family preservation or reunification are not
required, including a description of the court's finding, the date of
the finding, and the manner in which the finding was made.
(2) That:
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(A) the child has been removed from the parent and has been
under the supervision of a local office or probation department
for at least fifteen (15) months of the most recent twenty-two
(22) months, beginning with the date the child is removed
from the home as a result of the child being alleged to be a
child in need of services or a delinquent child; and
(B) despite the department's reasonable efforts to preserve and
reunify the child's family under IC 31-34-21-5.5, the parent
has been unable to remedy the circumstances that resulted in
the child being placed in care outside the parent's home.
(3) That there is a reasonable probability that the conditions that
resulted in the child's removal or the reasons for placement
outside the home of the parents will not be remedied.
(4) That there is a reasonable probability that the continuation of
the parent-child relationship poses a threat to the well-being,
safety, physical health, or life of the child.
(5) That the child has, on two (2) separate occasions, been
adjudicated a child in need of services.
(6) That:
(A) at least ninety (90) days have passed since the filing of the
petition alleging that the child is a child in need of services;
and
(B) the identity or location of the parent is unknown despite
reasonable efforts having been made to identify or locate the
parent.
(7) That the parent:
(A) failed to substantially comply with the child's dispositional
decree for a period of at least twelve (12) months following the
child's:
(i) removal from the parent's home under IC 31-34-2; or
(ii) adjudication as a child in need of services;
whichever occurred earlier, unless the parent's failure to
substantially comply with the child's dispositional decree was
due to the failure of the department to make reasonable efforts
to preserve and reunify the child's family under
IC 31-34-21-5.5; or
(B) is unlikely or unable to substantially comply with the
child's dispositional decree.
(8) That the parent is incarcerated and one (1) or more of the
following is true:
(A) The parent is expected to remain incarcerated for a
significant portion of the remaining time during which the
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child is less than eighteen (18) years of age. When
determining whether the portion of the remaining time is
significant, the court shall consider the following factors:
(i) The age of the child.
(ii) The relationship between the child and the parent.
(iii) The nature of the parent's current and past
provision for the child's developmental, cognitive,
psychological, and physical needs.
(iv) The parent's history of criminal behavior, including
the frequency of the parent's incarceration and the
unavailability of the parent to the child due to the
parent's incarceration.
(v) Any other factor the court considers relevant.
(B) The parent is a sexually violent predator (as defined by
IC 35-38-1-7.5).
(9) That the parent:
(A) has a history of extensive, abusive, and chronic use of
alcohol or a controlled substance that renders the parent
incapable of caring for the child; and
(B) either:
(i) has refused or failed to complete available treatment for
the alcohol or controlled substance use during the two (2)
year period immediately preceding the filing date of the
petition under subsection (a); or
(ii) has completed treatment for the alcohol or controlled
substance use but has resumed use of alcohol or a
controlled substance after being reunified with the child.
(10) That:
(A) a test administered at the child's birth that indicated that
the child's blood, urine, umbilical cord tissue, or meconium
contained any amount of alcohol or a controlled substance, or
metabolites of such substances, the presence of which was not
the result of medical treatment administered to the mother or
the child; and
(B) the parent:
(i) is the biological mother of at least one (1) other child
who was adjudicated a child in need of services after a
finding of harm to the child's health or welfare due to
exposure to alcohol or a controlled substance; and
(ii) had the opportunity to participate in substance abuse
treatment following the finding under item (i).
(11) That the child was conceived as a result of:
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(A) an offense under IC 35-42-3.5 (human and sexual
trafficking);
(B) rape (IC 35-42-4-1);
(C) child molestation (IC 35-42-4-3);
(D) sexual misconduct with a minor (IC 35-42-4-9); or
(E) an offense committed in another jurisdiction the elements
of which are substantially similar to the elements of an offense
described in clause (A), (B), (C), or (D);
committed by the biological parent of the child whose
parent-child relationship with the child is the subject of the
petition.
(12) That the parent is required to register as a sex or violent
offender under IC 11-8-8.
(13) That one (1) or more circumstances described in section
3.5 of this chapter have occurred.
(e) If the department intends to file a motion to dismiss under
section 4.5 of this chapter, the petition must indicate whether at least
one (1) of the factors listed in section 4.5(d)(1) through 4.5(d)(4) of this
chapter applies and specify each factor that would apply as the basis for
filing a motion to dismiss the petition.
(f) At the time the petitioner files a petition under this section with
the juvenile or probate court, the petitioner shall also file a:
(1) copy of the order approving the permanency plan under
IC 31-34-21-7 for the child; or
(2) permanency plan for the child as described by
IC 31-34-21-7.5.
SECTION 26. IC 31-35-2-6, AS AMENDED BY P.L.244-2023,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 6. (a) Except when a hearing is required after June
30, 1999, under section 4.5 of this chapter, the person filing the petition
shall request the court to set the petition for a hearing. Whenever a
hearing is requested under this chapter, the court shall:
(1) commence a hearing on the petition not more than ninety (90)
days after a petition is filed under this chapter; and
(2) complete a hearing on the petition not more than one hundred
eighty (180) days after a petition is filed under this chapter.
(b) If a hearing is not held within the time set forth in subsection (a):
(1) upon filing of a motion with the court by a party; and
(2) absent good cause shown for the failure to hold the hearing
within the time set forth in subsection (a); a finding by the court
that the extension of the deadline for the hearing is
necessitated by:
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(A) unanticipated, emergent circumstances;
(B) the circumstances of the case; or
(C) the Indiana Rules of Trial Procedure;
the court shall dismiss the petition to terminate the parent-child
relationship without prejudice.
HEA 1605 — Concur
Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
HEA 1605 — ConcurEvery fact on this page links to its source, starting with the official bill record.