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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.
SENATE ENROLLED ACT No. 80
AN ACT to amend the Indiana Code concerning general provisions.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 2-5-55.7-3, AS ADDED BY P.L.162-2025,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3. (a) The task force consists of the following
twenty-two (22) members, all of whom are voting members:
(1) Five (5) members of the senate, appointed as follows:
(A) Three (3) members appointed by the president pro
tempore, one (1) of whom serves as co-chair of the task force.
(B) Two (2) members appointed by the minority leader.
(2) Five (5) members of the house of representatives, appointed
as follows:
(A) Three (3) members appointed by the speaker, one (1) of
whom serves as co-chair of the task force.
(B) Two (2) members appointed by the minority leader.
(3) One (1) member who is a judge appointed by the chief justice
of the supreme court.
(4) One (1) member appointed by the speaker who represents a
child placing agency (as defined in IC 31-9-2-17.5).
IC 31-9-2.1-46).
(5) One (1) member appointed by the president pro tempore who
either:
(A) is an in-home provider; or
(B) provides family preservation services (as defined in
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IC 31-9-2-44.8). IC 31-9-2.1-94).
(6) One (1) member appointed by the speaker who represents a:
(A) child caring institution (as defined in IC 31-9-2-16.7);
IC 31-9-2.1-42); or
(B) private secure facility (as defined in IC 31-9-2-96.5).
IC 31-9-2.1-186).
(7) One (1) member appointed by the president pro tempore who
is a group home (as defined in IC 31-9-2-48.5) IC 31-9-2.1-115)
provider.
(8) One (1) member appointed by the speaker who is an older
foster youth services provider.
(9) One (1) member appointed by the president pro tempore who
is a preventative provider that runs a child welfare program (as
defined in IC 31-26-3.5-1).
(10) One (1) member appointed by the speaker who is at least
eighteen (18) years of age and who has lived experience as a child
within the child welfare system.
(11) One (1) member appointed by the president pro tempore who
is a juvenile probation officer.
(12) The director of the department of child services.
(13) A deputy director of the department of child services.
(14) The chief of staff or director of the division of mental health
and addiction.
(b) The president pro tempore shall designate one (1) member
appointed under subsection (a)(1)(A) to serve as a co-chair of the task
force for the duration of the task force.
(c) The speaker shall designate one (1) member appointed under
subsection (a)(2)(A) to serve as a co-chair of the task force for the
duration of the task force.
(d) A member of the task force serves at the will of the member's
appointing authority for the duration of the task force.
SECTION 2. IC 3-5-2-49.3, AS AMENDED BY P.L.238-2025,
SECTION 2, IS REPEALED [EFFECTIVE JULY 1, 2026]. Sec. 49.3.
"Uniformed services" means any of the following:
(1) The United States Army.
(2) The United States Navy.
(3) The United States Air Force.
(4) The United States Marine Corps.
(5) The United States Coast Guard.
(6) The United States Space Force.
(7) The commissioned corps of the Public Health Service.
(8) The commissioned corps of the National Oceanic and
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Atmospheric Administration.
SECTION 3. IC 3-5-2.1-100, AS ADDED BY P.L.186-2025,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 100. "Uniformed services" means any of the
following:
(1) The United States Army.
(2) The United States Navy.
(3) The United States Air Force.
(4) The United States Marine Corps.
(5) The United States Coast Guard.
(6) The United States Space Force.
(7) The commissioned corps of the Public Health Service.
(8) The commissioned corps of the National Oceanic and
Atmospheric Administration.
SECTION 4. IC 4-4-28-17 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 17. Money in an
account may not be considered:
(1) an asset of an individual when determining the individual's
eligibility for assistance under IC 12-14; or
(2) a countable asset (as defined in IC 12-7-2-44.6).
IC 12-7-2.1-91).
SECTION 5. IC 4-10-15-2, AS AMENDED BY P.L.218-2005,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. The warrants may be drawn for the necessary
and current expenses of the following:
(1) All psychiatric hospitals (as defined in IC 12-7-2-184).
IC 12-7-2.1-318).
(2) The Indiana School for the Deaf, established by IC 20-22-2-1.
(3) The Indiana School for the Blind and Visually Impaired,
established by IC 20-21-2-1.
(4) The Indiana Veterans' Home.
(5) The Plainfield Juvenile Correctional Facility.
SECTION 6. IC 4-15-2.2-11, AS AMENDED BY P.L.189-2018,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 11. As used in this chapter, "state institution"
means any of the following:
(1) A state institution (as defined in IC 12-7-2-184).
IC 12-7-2.1-318).
(2) A correctional facility owned by the state and operated by the
department of correction.
(3) The Indiana School for the Deaf established by IC 20-22-2-1.
(4) The Indiana School for the Blind and Visually Impaired
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established by IC 20-21-2-1.
(5) The Indiana Veterans' Home as described in IC 10-17-9.
(6) Any other facility owned and operated by the state whose
employees participate in the state civil service.
SECTION 7. IC 4-20.5-1-12, AS AMENDED BY P.L.56-2023,
SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 12. "State institution" refers to any of the
following:
(1) A state institution (as defined in IC 12-7-2-184).
IC 12-7-2.1-318).
(2) An institution under the administrative control of the Indiana
department of health.
(3) A correctional facility under the administrative control of the
department of correction.
SECTION 8. IC 4-20.5-4-2, AS AMENDED BY P.L.56-2023,
SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. (a) This section applies only to the following
agencies:
(1) A division (as defined in IC 12-7-2-69(c)),
IC 12-7-2.1-124(c)), for a state institution under the
administrative control of the division.
(2) The Indiana department of health, for an institution under the
administrative control of the Indiana department of health.
(3) The department of correction, for a correctional facility under
the administrative control of the department of correction.
(b) An agency may acquire property by eminent domain.
(c) Before an agency may acquire property under this section, the
governor must approve the acquisition in writing.
SECTION 9. IC 4-20.5-10-1, AS AMENDED BY P.L.56-2023,
SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. This chapter applies only to the following
agencies:
(1) A division (as defined in IC 12-7-2-69(c)),
IC 12-7-2.1-124(c)), for a state institution under the
administrative control of the division.
(2) The Indiana department of health, for an institution under the
administrative control of the Indiana department of health.
(3) The department of correction, for a correctional facility under
the administrative control of the department of correction.
SECTION 10. IC 4-20.5-11-1, AS AMENDED BY P.L.56-2023,
SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. This chapter applies only to the following
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agencies:
(1) A division (as defined in IC 12-7-2-69(c)),
IC 12-7-2.1-124(c)), for a state institution under the
administrative control of the division.
(2) The Indiana department of health, for an institution under the
administrative control of the Indiana department of health.
(3) The department of correction, for a correctional facility under
the administrative control of the department of correction.
SECTION 11. IC 4-24-1-1, AS AMENDED BY P.L.67-2017,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. The warden of any state penal or correctional
institution or of any state institution (as defined by IC 12-7-2-184) in
IC 12-7-2.1-318) may compensate any employee of the institution for
damages to the personal property of the employee which damages
occurred in the ordinary course of the employees' employment and
which damages were in no way caused by the negligence of the
employee.
SECTION 12. IC 4-24-7-1, AS AMENDED BY P.L.136-2018,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. For all claims that any state institution (as
defined by IC 12-7-2-184) in IC 12-7-2.1-318) may have against any
county for the payment of clothing furnished to any patient of such
institution, which patient was admitted to such institution from such
county, the superintendent or warden of such institution shall make out
an account therefor against such county, in a manner as provided under
this chapter.
SECTION 13. IC 5-1.2-2-32, AS ADDED BY P.L.189-2018,
SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 32. "Health facility", for purposes of IC 5-1.2-7,
means any facility or building that is:
(1) owned or used by a participating provider;
(2) located:
(A) in Indiana; or
(B) outside Indiana, if the participating provider that operates
the facility or building, or an affiliate of the participating
provider, also operates a substantial health facility or facilities,
as determined by the authority, in Indiana; and
(3) utilized, directly or indirectly:
(A) in:
(i) health care;
(ii) habilitation, rehabilitation, or therapeutic services;
(iii) medical research;
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(iv) the training or teaching of health care personnel; or
(v) any related supporting services;
(B) to provide:
(i) a residential facility for individuals with a physical,
mental, or emotional disability;
(ii) a residential facility for individuals with a physical or
mental illness; or
(iii) a residential facility for the elderly; or
(C) as a licensed child caring institution that provides
residential care described in IC 12-7-2-29(1)
IC 12-7-2.1-60(1) or corresponding provisions of the laws of
the state in which the facility or building is located.
SECTION 14. IC 5-1.2-2-33, AS ADDED BY P.L.189-2018,
SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 33. "Health facility property", for purposes of
IC 5-1.2-7, means any tangible or intangible property or asset owned
or used by a participating provider that:
(1) is determined by the authority to be necessary or helpful,
directly or indirectly, to provide:
(A) health care;
(B) medical research;
(C) training or teaching of health care personnel;
(D) habilitation, rehabilitation, or therapeutic services; or
(E) any related supporting services;
regardless of whether the property is in existence at the time of,
or is to be provided after the making of, the finding;
(2) is:
(A) a residential facility for individuals with a physical,
mental, or emotional disability;
(B) a residential facility for individuals with a physical or
mental illness; or
(C) a residential facility for the elderly; or
(3) is a licensed child caring institution providing residential care
described in IC 12-7-2-29(1) IC 12-7-2.1-60(1) or corresponding
provisions of the laws of the state in which the property is located.
SECTION 15. IC 5-1.2-2-55, AS AMENDED BY SEA 222-2026,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 55. "Participating provider", for purposes of
financing a health facility and health facility property under IC 5-1.2-7,
means a person, corporation, municipal corporation, political
subdivision, or other entity, public or private, that:
(1) is located in Indiana or outside Indiana;
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(2) contracts with the authority for the financing or refinancing of,
or the lease or other acquisition of, health facility property that is
located:
(A) in Indiana; or
(B) outside Indiana, if the financing, refinancing, lease, or
other acquisition also includes a substantial component, as
determined by the authority, for the benefit of a health facility
or facilities located in Indiana;
(3) is:
(A) licensed under IC 12-25, IC 16-21, IC 16-28, or
corresponding laws of the state in which the property is
located;
(B) a regional blood center;
(C) a community mental health center or community
intellectual disability and other developmental disabilities
center (as defined in IC 12-7-2-38 and IC 12-7-2-39
IC 12-7-2.1-78 and IC 12-7-2.1-77 or corresponding
provisions of laws of the state in which the property is
located);
(D) an entity that:
(i) contracts with the division of disability, aging, and
rehabilitative services or the division of mental health and
addiction to provide the program described in
IC 12-11-1.1-1(e) or IC 12-22-2; or
(ii) provides a similar program under the laws of the state in
which the entity is located;
(E) a vocational rehabilitation center established under
IC 12-12-1-4.1(a)(1) or corresponding provisions of the laws
of the state in which the property is located;
(F) the owner or operator of a facility that is utilized, directly
or indirectly, to provide health care, habilitation, rehabilitation,
therapeutic services, medical research, the training or teaching
of health care personnel, or any related supporting services, or
of a residential facility for individuals with a physical, mental,
or emotional disability, individuals with a physical or mental
illness, or the elderly;
(G) a licensed child caring institution providing residential
care described in IC 12-7-2-29(1) IC 12-7-2.1-60(1) or
corresponding provisions of the laws of the state in which the
property is located;
(H) an integrated health care system between or among
providers, a health care purchasing alliance, a health insurer
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or third party administrator that is a participant in an integrated
health care system, a health maintenance or preferred provider
organization, or a foundation that supports a health care
provider; or
(I) an individual, business entity, or governmental entity that
owns an equity or membership interest in any of the
organizations described in clauses (A) through (H); and
(4) in the case of a person, corporation, municipal corporation,
political subdivision, or other entity located outside Indiana, is
owned or controlled by, under common control with, affiliated
with, or part of an obligated group that includes an entity that
provides one (1) or more of the following services or facilities in
Indiana:
(A) A facility that provides:
(i) health care;
(ii) habilitation, rehabilitation, or therapeutic services;
(iii) medical research;
(iv) training or teaching of health care personnel; or
(v) any related supporting services.
(B) A residential facility for:
(i) individuals with a physical, mental, or emotional
disability;
(ii) individuals with a physical or mental illness; or
(iii) the elderly.
(C) A licensed child caring institution providing residential
care described in IC 12-7-2-29(1). IC 12-7-2.1-60(1).
SECTION 16. IC 5-2-1-9, AS AMENDED BY P.L.170-2023,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 9. (a) The board shall adopt in accordance with
IC 4-22-2 all necessary rules to carry out the provisions of this chapter.
The rules, which shall be adopted only after necessary and proper
investigation and inquiry by the board, shall include the establishment
of the following:
(1) A consistent and uniform statewide deadly force policy and
training program, that is consistent with state and federal law.
Upon adoption by the law enforcement training board, the policy
and training program must be implemented, without modification,
by all Indiana law enforcement agencies, offices, or departments.
(2) A consistent and uniform statewide defensive tactics policy
and training program, that is consistent with state and federal law.
Upon adoption by the law enforcement training board, the policy
and training program must be implemented, without modification,
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by all Indiana law enforcement agencies, offices, or departments.
(3) A uniform statewide minimum standard for vehicle pursuits
consistent with state and federal law.
(4) Minimum standards of physical, educational, mental, and
moral fitness which shall govern the acceptance of any person for
training by any law enforcement training school or academy
meeting or exceeding the minimum standards established
pursuant to this chapter.
(5) Minimum standards for law enforcement training schools
administered by towns, cities, counties, law enforcement training
centers, agencies, or departments of the state.
(6) Minimum standards for courses of study, attendance
requirements, equipment, and facilities for approved town, city,
county, and state law enforcement officer, police reserve officer,
and conservation reserve officer training schools.
(7) Minimum standards for a course of study on cultural diversity
awareness, including training on the U nonimmigrant visa created
through the federal Victims of Trafficking and Violence
Protection Act of 2000 (P.L. 106-386) that must be required for
each person accepted for training at a law enforcement training
school or academy. Cultural diversity awareness study must
include an understanding of cultural issues related to race,
religion, gender, age, domestic violence, national origin, and
physical and mental disabilities.
(8) Minimum qualifications for instructors at approved law
enforcement training schools.
(9) Minimum basic training requirements which law enforcement
officers appointed to probationary terms shall complete before
being eligible for continued or permanent employment.
(10) Minimum basic training requirements which law
enforcement officers appointed on other than a permanent basis
shall complete in order to be eligible for continued employment
or permanent appointment.
(11) Minimum basic training requirements which law
enforcement officers appointed on a permanent basis shall
complete in order to be eligible for continued employment.
(12) Minimum basic training requirements for each person
accepted for training at a law enforcement training school or
academy that include six (6) hours of training in interacting with:
(A) persons with autism, mental illness, addictive disorders,
intellectual disabilities, and developmental disabilities;
(B) missing endangered adults (as defined in IC 12-7-2-131.3);
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IC 12-7-2.1-227); and
(C) persons with Alzheimer's disease or related senile
dementia;
to be provided by persons approved by the secretary of family and
social services and the board. The training must include an
overview of the crisis intervention teams.
(13) Minimum standards for a course of study on human and
sexual trafficking that must be required for each person accepted
for training at a law enforcement training school or academy and
for inservice training programs for law enforcement officers. The
course must cover the following topics:
(A) Examination of the human and sexual trafficking laws
(IC 35-42-3.5).
(B) Identification of human and sexual trafficking.
(C) Communicating with traumatized persons.
(D) Therapeutically appropriate investigative techniques.
(E) Collaboration with federal law enforcement officials.
(F) Rights of and protections afforded to victims.
(G) Providing documentation that satisfies the Declaration of
Law Enforcement Officer for Victim of Trafficking in Persons
(Form I-914, Supplement B) requirements established under
federal law.
(H) The availability of community resources to assist human
and sexual trafficking victims.
(14) Minimum standards for ongoing specialized, intensive, and
integrative training for persons responsible for investigating
sexual assault cases involving adult victims. This training must
include instruction on:
(A) the neurobiology of trauma;
(B) trauma informed interviewing; and
(C) investigative techniques.
(15) Minimum standards for de-escalation training. De-escalation
training shall be taught as a part of existing use-of-force training
and not as a separate topic.
(16) Minimum standards regarding best practices for crowd
control, protests, and First Amendment activities.
(17) Minimum standards for basic training and inservice training
programs, which may be completed online or by other means of
virtual instruction, that occur after December 31, 2024, and that
address the mental health and wellness of law enforcement
officers including:
(A) healthy coping skills to preserve the mental health of law
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enforcement officers and manage the stress and trauma of
policing;
(B) recognizing:
(i) symptoms of posttraumatic stress disorder; and
(ii) signs of suicidal behavior; and
(C) information on mental health resources available for law
enforcement officers.
All statewide policies and minimum standards shall be documented in
writing and published on the Indiana law enforcement academy (ILEA)
website. Any policy, standard, or training program implemented,
adopted, or promulgated by a vote of the board may only subsequently
be modified or rescinded by a two-thirds (2/3) majority vote of the
board.
(b) A law enforcement officer appointed after July 5, 1972, and
before July 1, 1993, may not enforce the laws or ordinances of the state
or any political subdivision unless the officer has, within one (1) year
from the date of appointment, successfully completed the minimum
basic training requirements established under this chapter by the board.
If a person fails to successfully complete the basic training
requirements within one (1) year from the date of employment, the
officer may not perform any of the duties of a law enforcement officer
involving control or direction of members of the public or exercising
the power of arrest until the officer has successfully completed the
training requirements. This subsection does not apply to any law
enforcement officer appointed before July 6, 1972, or after June 30,
1993.
(c) Military leave or other authorized leave of absence from law
enforcement duty during the first year of employment after July 6,
1972, shall toll the running of the first year, which shall be calculated
by the aggregate of the time before and after the leave, for the purposes
of this chapter.
(d) Except as provided in subsections (e), (m), (t), and (u), a law
enforcement officer appointed to a law enforcement department or
agency after June 30, 1993, may not:
(1) make an arrest;
(2) conduct a search or a seizure of a person or property; or
(3) carry a firearm;
unless the law enforcement officer successfully completes, at a board
certified law enforcement academy or at a law enforcement training
center under section 10.5 or 15.2 of this chapter, the basic training
requirements established by the board under this chapter.
(e) This subsection does not apply to:
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(1) a gaming agent employed as a law enforcement officer by the
Indiana gaming commission; or
(2) an:
(A) attorney; or
(B) investigator;
designated by the securities commissioner as a police officer of
the state under IC 23-19-6-1(k).
Before a law enforcement officer appointed after June 30, 1993,
completes the basic training requirements, the law enforcement officer
may exercise the police powers described in subsection (d) if the
officer successfully completes the pre-basic course established in
subsection (f). Successful completion of the pre-basic course authorizes
a law enforcement officer to exercise the police powers described in
subsection (d) for one (1) year after the date the law enforcement
officer is appointed.
(f) The board shall adopt rules under IC 4-22-2 to establish a
pre-basic course for the purpose of training:
(1) law enforcement officers;
(2) police reserve officers (as described in IC 36-8-3-20); and
(3) conservation reserve officers (as described in IC 14-9-8-27);
regarding the subjects of arrest, search and seizure, the lawful use of
force, de-escalation training, interacting with individuals with autism,
and the operation of an emergency vehicle. The pre-basic course must
be offered on a periodic basis throughout the year at regional sites
statewide. The pre-basic course must consist of at least forty (40) hours
of course work. The board may prepare the classroom part of the
pre-basic course using available technology in conjunction with live
instruction. The board shall provide the course material, the instructors,
and the facilities at the regional sites throughout the state that are used
for the pre-basic course. In addition, the board may certify pre-basic
courses that may be conducted by other public or private training
entities, including postsecondary educational institutions.
(g) Subject to subsection (h), the board shall adopt rules under
IC 4-22-2 to establish a mandatory inservice training program for
police officers and police reserve officers (as described in
IC 36-8-3-20). After June 30, 1993, a law enforcement officer who has
satisfactorily completed basic training and has been appointed to a law
enforcement department or agency on either a full-time or part-time
basis is not eligible for continued employment unless the officer
satisfactorily completes the mandatory inservice training requirements
established by rules adopted by the board. Inservice training must
include de-escalation training. Inservice training must also include:
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(1) training:
(A) in interacting with persons with mental illness, addictive
disorders, intellectual disabilities, autism, developmental
disabilities, and Alzheimer's disease or related senile
dementia; and
(B) provided by persons approved by the secretary of family
and social services and the board;
(2) after December 31, 2024, annual training, which may be
completed online or by other means of virtual instruction, that
addresses the mental health and wellness of law enforcement
officers including:
(A) healthy coping skills to preserve the mental health of law
enforcement officers and manage the stress and trauma of
policing;
(B) recognizing:
(i) symptoms of posttraumatic stress disorder; and
(ii) signs of suicidal behavior; and
(C) information on mental health resources available for law
enforcement officers; and
(3) training concerning:
(A) human and sexual trafficking; and
(B) high risk missing persons (as defined in IC 5-2-17-1).
The board may approve courses offered by other public or private
training entities, including postsecondary educational institutions, as
necessary in order to ensure the availability of an adequate number of
inservice training programs. The board may waive an officer's inservice
training requirements if the board determines that the officer's reason
for lacking the required amount of inservice training hours is due to
either an emergency situation or the unavailability of courses.
(h) This subsection applies only to a mandatory inservice training
program under subsection (g). Notwithstanding subsection (g), the
board may, without adopting rules under IC 4-22-2, modify the course
work of a training subject matter, modify the number of hours of
training required within a particular subject matter, or add a new
subject matter, if the board satisfies the following requirements:
(1) The board must conduct at least two (2) public meetings on
the proposed modification or addition.
(2) After approving the modification or addition at a public
meeting, the board must post notice of the modification or
addition on the Indiana law enforcement academy's website at
least thirty (30) days before the modification or addition takes
effect.
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If the board does not satisfy the requirements of this subsection, the
modification or addition is void. This subsection does not authorize the
board to eliminate any inservice training subject matter required under
subsection (g).
(i) The board shall also adopt rules establishing a town marshal and
conservancy district marshal basic training program, subject to the
following:
(1) The program must require fewer hours of instruction and class
attendance and fewer courses of study than are required for the
mandated basic training program.
(2) Certain parts of the course materials may be studied by a
candidate at the candidate's home in order to fulfill requirements
of the program.
(3) Law enforcement officers successfully completing the
requirements of the program are eligible for appointment only in
towns employing the town marshal system (IC 36-5-7) or a
conservancy district that employs a conservancy district marshal
under IC 14-33-25 and having not more than one (1) marshal and
six (6) deputies.
(4) The limitation imposed by subdivision (3) does not apply to an
officer who has successfully completed the mandated basic
training program.
(5) The time limitations imposed by subsections (b) and (c) for
completing the training are also applicable to the marshal basic
training program.
(6) The program must require training in interacting with
individuals with autism.
(j) The board shall adopt rules under IC 4-22-2 to establish an
executive training program. The executive training program must
include training in the following areas:
(1) Liability.
(2) Media relations.
(3) Accounting and administration.
(4) Discipline.
(5) Department policy making.
(6) Lawful use of force and de-escalation training.
(7) Department programs.
(8) Emergency vehicle operation.
(9) Cultural diversity.
(10) After December 31, 2024, mental health and wellness and
suicide prevention of law enforcement officers. The training
requirement under this subdivision may be provided as part of an
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online course or by other means of virtual instruction.
(k) A police chief shall apply for admission to the executive training
program within two (2) months of the date the police chief initially
takes office. A police chief must successfully complete the executive
training program within six (6) months of the date the police chief
initially takes office. However, if space in the executive training
program is not available at a time that will allow completion of the
executive training program within six (6) months of the date the police
chief initially takes office, the police chief must successfully complete
the next available executive training program that is offered after the
police chief initially takes office.
(l) A police chief who fails to comply with subsection (k) may not
continue to serve as the police chief until completion of the executive
training program. For the purposes of this subsection and subsection
(k), "police chief" refers to:
(1) the police chief of any city;
(2) the police chief of any town having a metropolitan police
department; and
(3) the chief of a consolidated law enforcement department
established under IC 36-3-1-5.1.
A town marshal or a conservancy district marshal is not considered to
be a police chief for these purposes, but a town marshal or a
conservancy district marshal may enroll in the executive training
program.
(m) A fire investigator in the department of homeland security
appointed after December 31, 1993, is required to comply with the
basic training standards established under this chapter.
(n) The board shall adopt rules under IC 4-22-2 to establish a
program to certify handgun safety courses, including courses offered
in the private sector, that meet standards approved by the board for
training probation officers in handgun safety as required by
IC 11-13-1-3.5(2).
(o) The board shall adopt rules under IC 4-22-2 to establish a
refresher course for an officer who:
(1) is hired by an Indiana law enforcement department or agency
as a law enforcement officer;
(2) has not been employed as a law enforcement officer for:
(A) at least two (2) years; and
(B) less than six (6) years before the officer is hired under
subdivision (1); and
(3) completed at any time a basic training course certified or
recognized by the board before the officer is hired under
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subdivision (1).
(p) An officer to whom subsection (o) applies must successfully
complete the refresher course described in subsection (o) not later than
six (6) months after the officer's date of hire, or the officer loses the
officer's powers of:
(1) arrest;
(2) search; and
(3) seizure.
(q) The board shall adopt rules under IC 4-22-2 to establish a
refresher course for an officer who:
(1) is appointed by an Indiana law enforcement department or
agency as a reserve police officer; and
(2) has not worked as a reserve police officer for at least two (2)
years after:
(A) completing the pre-basic course; or
(B) leaving the individual's last appointment as a reserve
police officer.
An officer to whom this subsection applies must successfully complete
the refresher course established by the board in order to work as a
reserve police officer.
(r) This subsection applies to an individual who, at the time the
individual completes a board certified or recognized basic training
course, has not been appointed as a law enforcement officer by an
Indiana law enforcement department or agency. If the individual is not
employed as a law enforcement officer for at least two (2) years after
completing the basic training course, the individual must successfully
retake and complete the basic training course as set forth in subsection
(d).
(s) The board shall adopt rules under IC 4-22-2 to establish a
refresher course for an individual who:
(1) is appointed as a board certified instructor of law enforcement
training; and
(2) has not provided law enforcement training instruction for
more than one (1) year after the date the individual's instructor
certification expired.
An individual to whom this subsection applies must successfully
complete the refresher course established by the board in order to
renew the individual's instructor certification.
(t) This subsection applies only to a gaming agent employed as a
law enforcement officer by the Indiana gaming commission. A gaming
agent appointed after June 30, 2005, may exercise the police powers
described in subsection (d) if:
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(1) the agent successfully completes the pre-basic course
established in subsection (f); and
(2) the agent successfully completes any other training courses
established by the Indiana gaming commission in conjunction
with the board.
(u) This subsection applies only to a securities enforcement officer
designated as a law enforcement officer by the securities
commissioner. A securities enforcement officer may exercise the police
powers described in subsection (d) if:
(1) the securities enforcement officer successfully completes the
pre-basic course established in subsection (f); and
(2) the securities enforcement officer successfully completes any
other training courses established by the securities commissioner
in conjunction with the board.
(v) This subsection applies only to a correctional police officer
employed by the department of correction. A correctional police officer
may exercise the police powers described in subsection (d) if:
(1) the officer successfully completes the pre-basic course
described in subsection (f); and
(2) the officer successfully completes any other training courses
established by the department of correction in conjunction with
the board.
(w) This subsection applies only to the sexual assault training
described in subsection (a)(14). The board shall:
(1) consult with experts on the neurobiology of trauma, trauma
informed interviewing, and investigative techniques in developing
the sexual assault training; and
(2) develop the sexual assault training and begin offering the
training not later than July 1, 2022.
(x) After July 1, 2023, a law enforcement officer who regularly
investigates sexual assaults involving adult victims must complete the
training requirements described in subsection (a)(14) within one (1)
year of being assigned to regularly investigate sexual assaults involving
adult victims.
(y) A law enforcement officer who regularly investigates sexual
assaults involving adult victims may complete the training
requirements described in subsection (a)(14) by attending a:
(1) statewide or national training; or
(2) department hosted local training.
(z) Notwithstanding any other provisions of this section, the board
is authorized to establish certain required standards of training and
procedure.
SEA 80 — CC 1
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SECTION 17. IC 5-2-17-1, AS AMENDED BY P.L.40-2024,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. As used in this chapter, "high risk missing
person" means a person whose whereabouts are not known and who
may be at risk of injury or death. The term includes the following:
(1) A person who is missing as the result of abduction by a
stranger.
(2) A person whose disappearance may be the result of the
commission of a crime.
(3) A person whose disappearance occurred under circumstances
that are inherently dangerous.
(4) A person who is missing for more than thirty (30) days.
(5) A missing person who is in need of medical attention or
prescription medication.
(6) A missing person who may be at risk due to abduction by a
noncustodial parent.
(7) A missing person who is mentally impaired.
(8) A missing person who is less than twenty-one (21) years of
age.
(9) A missing person who has previously been the victim of a
threat of violence or an act of violence.
(10) A missing person who has been determined by a law
enforcement agency to be:
(A) at risk of injury or death; or
(B) a person that meets any of the descriptions in subdivisions
(1) through (9).
(11) A missing person who is an endangered adult (as defined in
IC 12-7-2-131.3). IC 12-7-2.1-227).
(12) A missing person who is a veteran at risk (as defined in
IC 12-7-2-197.3). IC 12-7-2.1-346).
SECTION 18. IC 5-2-17-3, AS AMENDED BY P.L.40-2024,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3. A law enforcement agency receiving a report
of a missing:
(1) child less than eighteen (18) years of age shall comply with
the requirements of IC 31-36-2;
(2) endangered adult (as defined in IC 12-7-2-131.3)
IC 12-7-2.1-227) shall comply with the requirements of
IC 12-10-18; or
(3) veteran at risk (as defined in IC 12-7-2-197.3)
IC 12-7-2.1-346) shall comply with the requirements of
IC 12-10-18;
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in addition to the procedures described in this chapter.
SECTION 19. IC 5-11-1-16, AS AMENDED BY P.L.157-2020,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 16. (a) As used in this article, "municipality"
means any county, township, city, town, school corporation, special
taxing district, or other political subdivision of Indiana.
(b) As used in this article, "state" means any board, commission,
department, division, bureau, committee, agency, governmental
subdivision, military body, authority, or other instrumentality of the
state, but does not include a municipality.
(c) As used in this article, "public office" means the office of any
and every individual who for or on behalf of the state or any
municipality or any public hospital holds, receives, disburses, or keeps
the accounts of the receipts and disbursements of any public funds.
(d) As used in this article, "public officer" means any individual
who holds, receives, disburses, or is required by law to keep any
account of public funds or other funds for which the individual is
accountable by virtue of the individual's public office.
(e) As used in this article, "entity" means any provider of goods,
services, or other benefits that is:
(1) maintained in whole or in part at public expense; or
(2) supported in whole or in part by appropriations or public funds
or by taxation.
The term does not include the state or a municipality (as defined in this
section).
(f) As used in this article, a "public hospital" means either of the
following:
(1) An institution licensed under IC 16-21 and which is owned by
the state or an agency of the state or one which is a municipal
corporation. A hospital is a municipal corporation if its governing
board members are appointed by elected officials of a
municipality.
(2) A state institution (as defined in IC 12-7-2-184).
IC 12-7-2.1-318).
(g) As used in this article, "audit committee" refers to the audit and
financial reporting subcommittee of the legislative council established
by IC 2-5-1.1-6.3.
(h) As used in this article, "audited entity" has the meaning set forth
in IC 2-5-1.1-6.3.
(i) As used in this article, "development authority" has the meaning
set forth in the following:
(1) IC 36-7.5-1-8.
SEA 80 — CC 1
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(2) IC 36-7.6-1-8.
(j) As used in this article, "responsible officer of an audited entity"
refers to the chief executive officer or another individual who has
executive decision making authority for the audited entity with respect
to a compliance obligation prescribed by or established under this
article or another law.
SECTION 20. IC 5-16-15-5, AS ADDED BY P.L.149-2021,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 5. (a) As used in this chapter, "public works
project" refers to a construction project governed by an applicable
public works statute.
(b) The term does not include any of the following:
(1) A project on the state highway system (as defined in
IC 8-23-1-40). IC 8-23-1.1-39).
(2) A railroad project (as defined in IC 8-5-15-1).
SECTION 21. IC 5-22-12-1, AS AMENDED BY P.L.143-2022,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. This chapter applies only to the following
governmental bodies:
(1) A state institution (as defined in IC 12-7-2-184).
IC 12-7-2.1-318).
(2) A penal facility operated by the department of correction.
(3) A political subdivision.
SECTION 22. IC 5-22-15-24 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 24. (a) This section
applies in addition to any requirements placed upon a governmental
entity by the United States Department of Agriculture under the
National School Lunch Program or the School Breakfast Program.
(b) This section applies to:
(1) a governmental entity listed in section 1 of this chapter; or
(2) a business that contracts with a governmental entity listed in
section 1 of this chapter;
that purchases food or beverages to be processed and served in a
building or room owned or operated by the governmental entity.
(c) High calcium foods and beverages are preferred supplies. A
purchasing agent shall give a preference to foods and beverages that:
(1) contain a higher level of calcium than products of the same
type and quality; and
(2) are equal in price to or lower in price than products of the
same type and quality.
(d) Notwithstanding subsection (c), if the director of a state
institution (as defined in IC 12-7-2-184) IC 12-7-2.1-318) determines
SEA 80 — CC 1
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that a high calcium food or beverage that is preferred under subsection
(c) would interfere with the proper treatment and care of a patient of
the state institution, the purchasing agent for the state institution is not
required to purchase the high calcium food or beverage for that patient.
SECTION 23. IC 6-1.1-10-51, AS ADDED BY P.L.230-2025,
SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 51. (a) As used in this section, "child care" has the
meaning set forth in IC 12-7-2-28.2. IC 12-7-2.1-54.
(b) As used in this section, "early learning advisory committee"
refers to the early learning advisory committee established by
IC 12-17.2-3.8-5.
(c) As used in this section, "employer" means any person,
corporation, limited liability company, partnership, or other entity with
employees employed at a physical location in Indiana. The term
includes a pass through entity. However, the term does not include an
employer who is in the business of operating a child care facility.
(d) As used in this section, "office" refers to the office of the
secretary of family and social services established by IC 12-8-1.5-1.
(e) The part of the gross assessed value of tangible property that is
attributable to tangible property owned and used by an employer, or a
parent company, subsidiary, or affiliate company of an employer, to
provide child care for children of the employer's employees and
children of the employees of another business in accordance with an
agreement entered into under subsection (g) is exempt from property
taxation if the following conditions are met:
(1) The child care is provided in a facility located on the
employer's property.
(2) Subject to subsection (g), the child care is provided only for
children of the employer's employees.
(3) The child care facility is licensed by the division of family
resources under IC 12-17.2.
(4) The part of the employer's property used to provide child care
meets standards established by the office and the early learning
advisory committee for the number of children to be served by the
child care facility.
(f) The child care facility may be operated by the employer or under
a contract described in Section 45F(c)(1)(A)(iii) of the Internal
Revenue Code to provide child care services to the employer's
employees.
(g) An employer may provide child care in a facility described in
subsection (e)(1) for the children of the employees of another business
if the employer and the other business enter into an agreement that
SEA 80 — CC 1
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outlines the terms under which the child care is to be provided to the
children of the employees of the other business.
SECTION 24. IC 6-1.1-12-11, AS AMENDED BY P.L.68-2025,
SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 11. (a) Except as provided in section 40.5 of this
chapter, an individual may have the sum of twelve thousand four
hundred eighty dollars ($12,480) deducted from the assessed value of
real property, mobile home not assessed as real property, or
manufactured home not assessed as real property that the individual
owns, or that the individual is buying under a contract that provides
that the individual is to pay property taxes on the real property, mobile
home, or manufactured home, if the contract or a memorandum of the
contract is recorded in the county recorder's office, and if:
(1) the individual is blind or the individual has a disability;
(2) the real property, mobile home, or manufactured home is
principally used and occupied by the individual as the individual's
residence;
(3) the individual's taxable gross income for the calendar year
preceding the year in which the deduction is claimed did not
exceed seventeen thousand dollars ($17,000); and
(4) the individual:
(A) owns the real property, mobile home, or manufactured
home; or
(B) is buying the real property, mobile home, or manufactured
home under contract;
on the date the statement required by section 12 of this chapter is
filed.
(b) For purposes of this section, taxable gross income does not
include income which is not taxed under the federal income tax laws.
(c) For purposes of this section, "blind" has the same meaning as the
definition contained in IC 12-7-2-21(1). IC 12-7-2.1-38(1).
(d) For purposes of this section, "individual with a disability" means
a person unable to engage in any substantial gainful activity by reason
of a medically determinable physical or mental impairment which:
(1) can be expected to result in death; or
(2) has lasted or can be expected to last for a continuous period of
not less than twelve (12) months.
(e) An individual with a disability filing a claim under this section
shall submit proof of the disability. Proof that a claimant is eligible to
receive disability benefits under the federal Social Security Act (42
U.S.C. 301 et seq.) shall constitute proof of disability for purposes of
this section.
SEA 80 — CC 1
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(f) An individual with a disability not covered under the federal
Social Security Act shall be examined by a physician and the
individual's status as an individual with a disability determined by
using the same standards as used by the Social Security Administration.
The costs of this examination shall be borne by the claimant.
(g) An individual who has sold real property, a mobile home not
assessed as real property, or a manufactured home not assessed as real
property to another person under a contract that provides that the
contract buyer is to pay the property taxes on the real property, mobile
home, or manufactured home may not claim the deduction provided
under this section against that real property, mobile home, or
manufactured home.
(h) This section applies only to property taxes imposed for an
assessment date before January 1, 2025.
(i) This section expires January 1, 2027.
SECTION 25. IC 6-1.1-51.3-2, AS AMENDED BY P.L.230-2025,
SECTION 60, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. (a) An individual is entitled to a credit against
local property taxes imposed on the individual's real property, or
mobile home or manufactured home within the county, if:
(1) the individual is blind or the individual has a disability;
(2) the real property, mobile home, or manufactured home is
principally used and occupied by the individual as the individual's
residence; and
(3) the individual:
(A) owns the real property, mobile home, or manufactured
home; or
(B) is buying the real property, mobile home, or manufactured
home under contract;
on the date the credit is claimed, and in the case of clause (B), the
contract or a memorandum of the contract is recorded in the
county recorder's office.
(b) The amount of the credit is equal to one hundred twenty-five
dollars ($125).
(c) For purposes of this section, "blind" has the same meaning as the
definition contained in IC 12-7-2-21(1). IC 12-7-2.1-38(1).
(d) For purposes of this section, "individual with a disability" means
a person unable to engage in any substantial gainful activity by reason
of a medically determinable physical or mental impairment which:
(1) can be expected to result in death; or
(2) has lasted or can be expected to last for a continuous period of
not less than twelve (12) months.
SEA 80 — CC 1
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(e) An individual with a disability filing a claim under this section
shall submit proof of the disability. Proof that a claimant is eligible to
receive disability benefits under the federal Social Security Act (42
U.S.C. 301 et seq.) shall constitute proof of disability for purposes of
this section.
(f) An individual with a disability not covered under the federal
Social Security Act shall be examined by a physician and the
individual's status as an individual with a disability determined by
using the same standards as used by the Social Security Administration.
The costs of this examination shall be borne by the claimant.
(g) An individual who has sold real property, a mobile home not
assessed as real property, or a manufactured home not assessed as real
property to another person under a contract that provides that the
contract buyer is to pay the property taxes on the real property, mobile
home, or manufactured home may not claim the credit provided under
this section against that real property, mobile home, or manufactured
home.
(h) An individual wishing to claim a credit under this section must
file a statement, on forms prescribed by the department of local
government finance, with the county auditor and provide
documentation necessary to substantiate the individual's eligibility for
the credit. The statement must be completed and dated on or before
January 15 of the calendar year in which the property taxes are first due
and payable. The statement may be filed in person or by mail. If
mailed, the mailing must be postmarked on or before the last day for
filing. An individual who remains eligible for the credit in the
following year is not required to file a statement to apply for the credit
in the following year. However, an individual who receives a credit
under this section in a particular year and who becomes ineligible for
the credit in the following year shall notify the auditor of the county in
which the homestead is located of the individual's ineligibility not later
than sixty (60) days after the individual becomes ineligible.
SECTION 26. IC 6-3.6-3-6, AS AMENDED BY HEA 1210-2026,
SECTION 118, IS REPEALED [EFFECTIVE JULY 1, 2028]. Sec. 6.
(a) This section applies to a county in which the county adopting body
is a local income tax council.
(b) In the case of a city or town that lies within more than one (1)
county, the county auditor of each county shall base the allocations
required by subsections (d) and (e) on the population of that part of the
city or town that lies within the county for which the allocations are
being made.
(c) Each local income tax council has a total of one hundred (100)
SEA 80 — CC 1
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votes.
(d) Each county, city, or town that is a member of a local income tax
council is allocated a percentage of the total one hundred (100) votes
that may be cast. The percentage that a city or town is allocated for a
year equals the same percentage that the population of the city or town
bears to the population of the county. The percentage that the county
is allocated for a year equals the same percentage that the population
of all areas in the county not located in a city or town bears to the
population of the county.
(e) This subsection applies only to a county with a single voting
bloc. Each individual who sits on the fiscal body of a county, city, or
town that is a member of the local income tax council is allocated for
a year the number of votes equal to the total number of votes allocated
to the particular county, city, or town under subsection (d) divided by
the number of members on the fiscal body of the county, city, or town.
This subsection expires May 31, 2028.
(f) On or before January 1 of each year, the county auditor shall
certify to each member of the local income tax council the number of
votes, rounded to the nearest one hundredth (0.01), each member has
for that year.
(g) This subsection applies only to a county with a single voting
bloc. On or before January 1 of each year, in addition to the
certification to each member of the local income tax council under
subsection (f), the county auditor shall certify to each individual who
sits on the fiscal body of each county, city, or town that is a member of
the local income tax council the number of votes, rounded to the
nearest one hundredth (0.01), each individual has under subsection (e)
for that year. This subsection expires May 31, 2028.
SECTION 27. IC 6-3.6-3-8, AS AMENDED BY HEA 1210-2026,
SECTION 119, IS REPEALED [EFFECTIVE JULY 1, 2028]. Sec. 8.
(a) This section applies to a county in which the county adopting body
is a local income tax council.
(b) Except as provided in subsection (e), any member of a local
income tax council may present an ordinance for passage. To do so, the
member must adopt a resolution to propose the ordinance to the local
income tax council and distribute a copy of the proposed ordinance to
the county auditor. The county auditor shall treat any proposed
ordinance distributed to the auditor under this section as a casting of all
that member's votes in favor of the proposed ordinance.
(c) Except as provided in subsection (f), the county auditor shall
deliver copies of a proposed ordinance the auditor receives to all
members of the local income tax council within ten (10) days after
SEA 80 — CC 1
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receipt. Subject to subsection (d), once a member receives a proposed
ordinance from the county auditor, the member shall vote on it within
thirty (30) days after receipt.
(d) Except as provided in subsection (h), if, before the elapse of
thirty (30) days after receipt of a proposed ordinance, the county
auditor notifies the member that the members of the local income tax
council have cast a majority of the votes on the local income tax
council for or against the proposed ordinance the member need not
vote on the proposed ordinance.
(e) This subsection applies only to a county with a single voting bloc
that proposes to increase (but not decrease) a tax rate in the county. The
fiscal body of any county, city, or town that is a member of a local
income tax council may adopt a resolution to propose an ordinance to
increase a tax rate in the county to be voted on by the local income tax
council as a whole as required under section 9.5 of this chapter and
distribute a copy of the proposed ordinance to the county auditor. The
county auditor shall treat the vote tally on the resolution adopted under
this subsection for each individual who is a member of the fiscal body
of the county, city, or town as the voting record for that individual
either for or against the ordinance being proposed for consideration by
the local income tax council as a whole under section 9.5 of this
chapter. This subsection expires May 31, 2028.
(f) This subsection applies only to a county with a single voting bloc
that proposes to increase (but not decrease) a tax rate in the county. The
county auditor shall deliver copies of a proposed ordinance the auditor
receives under subsection (e) to the fiscal officers of all members of the
local income tax council (other than the member proposing the
ordinance under subsection (e)) within ten (10) days after receipt.
Subject to subsection (h), once a member receives a proposed
ordinance from the county auditor, the member shall vote on it within
thirty (30) days after receipt. This subsection expires May 31, 2028.
(g) This subsection applies only to a county with a single voting
bloc that proposes to increase (but not decrease) a tax rate in the
county. The fiscal body of each county, city, or town voting on a
resolution to propose an ordinance under subsection (e), or voting on
a proposed ordinance being considered by the local income tax council
as a whole under section 9.5 of this chapter, must take a roll call vote
on the resolution or the proposed ordinance. If an individual who sits
on the fiscal body is absent from the meeting in which a vote is taken
or abstains from voting on the resolution or proposed ordinance, the
fiscal officer of the county, city, or town shall nevertheless consider
that individual's vote as a "no" vote against the resolution or the
SEA 80 — CC 1
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proposed ordinance being considered, whichever is applicable, for
purposes of the vote tally under this section and shall note on the vote
tally that the individual's "no" vote is due to absence or abstention. The
fiscal body of each county, city, or town shall certify the roll call vote
on a resolution or a proposed ordinance, either for or against, to the
county auditor as set forth under this chapter. This subsection expires
May 31, 2028.
(h) This subsection applies only to a county with a single voting
bloc that proposes to increase (but not decrease) a tax rate in the
county. If, before the elapse of thirty (30) days after receipt of a
proposed ordinance under subsection (e), the county auditor notifies
the member that the individuals who sit on the fiscal bodies of the
county, cities, and towns that are members of the local income tax
council have cast a majority of the votes on the local income tax
council for or against a proposed ordinance voting as a whole under
section 9.5 of this chapter, the member need not vote on the proposed
ordinance under subsection (e). This subsection expires May 31, 2028.
SECTION 28. IC 6-3.6-6-12, AS AMENDED BY P.L.230-2025,
SECTION 82, IS REPEALED [EFFECTIVE JULY 1, 2027]. Sec. 12.
(a) Except as provided in this chapter and IC 6-3.6-11, this section
applies to an allocation of certified shares in all counties.
(b) The allocation amount of a civil taxing unit during a calendar
year must be based on the amounts for the calendar year preceding the
distribution year and is equal to the amount determined using the
following formula:
STEP ONE: Determine the sum of the total property taxes being
imposed by the civil taxing unit.
STEP TWO: Determine the sum of the following:
(A) Amounts appropriated from property taxes to pay the
principal of or interest on any debenture or other debt
obligation issued after June 30, 2005, other than an obligation
described in subsection (c).
(B) Amounts appropriated from property taxes to make
payments on any lease entered into after June 30, 2005, other
than a lease described in subsection (d).
STEP THREE: Subtract the STEP TWO amount from the STEP
ONE amount.
STEP FOUR: In the case of a qualifying municipality as defined
in IC 6-1.1-18.5-31(d) that is located in a county described in
IC 6-1.1-18.5-31(a), and only for the allocation of certified shares
in 2027 and 2028, STEP THREE multiplied by seventy percent
(70%).
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STEP FIVE: Determine the sum of:
(A) the:
(i) STEP THREE amount; or
(ii) STEP FOUR amount in the case of a qualifying
municipality as defined in IC 6-1.1-18.5-31(d) that is located
in a county described in IC 6-1.1-18.5-31(a);
(B) the civil taxing unit's certified shares plus the amount
distributed under section 3(a)(2) of this chapter for the
previous calendar year; plus
(C) in the case of a qualifying municipality as defined in
IC 6-1.1-18.5-31(d) that is located in a county described in
IC 6-1.1-18.5-31(a), and only for the allocation of certified
shares in 2026, the amount of the levy for the municipality's
debt service and lease rental funds that was certified in 2025
multiplied by fifty-four and five-tenths percent (54.5%). This
clause expires January 1, 2027.
The allocation amount is subject to adjustment as provided in
IC 36-8-19-7.5.
(c) Except as provided in this subsection, an appropriation for the
calendar year preceding the distribution year from property taxes to
repay interest and principal of a debt obligation is not deducted from
the allocation amount for a civil taxing unit if:
(1) the debt obligation was issued; and
(2) the proceeds were appropriated from property taxes;
to refund or otherwise refinance a debt obligation or a lease issued
before July 1, 2005. However, an appropriation from property taxes
related to a debt obligation issued after June 30, 2005, is deducted if
the debt extends payments on a debt or lease beyond the time in which
the debt or lease would have been payable if the debt or lease had not
been refinanced or increases the total amount that must be paid on a
debt or lease in excess of the amount that would have been paid if the
debt or lease had not been refinanced. The amount of the deduction is
the annual amount for each year of the extension period or the annual
amount of the increase over the amount that would have been paid.
(d) Except as provided in this subsection, an appropriation for the
calendar year preceding the distribution year from property taxes to
make payments on a lease is not deducted from the allocation amount
for a civil taxing unit if:
(1) the lease was issued; and
(2) the proceeds were appropriated from property taxes;
to refinance a debt obligation or lease issued before July 1, 2005.
However, an appropriation from property taxes related to a lease
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entered into after June 30, 2005, is deducted if the lease extends
payments on a debt or lease beyond the time in which the debt or lease
would have been payable if the debt or lease had not been refinanced
or increases the total amount that must be paid on a debt or lease in
excess of the amount that would have been paid if the debt or lease had
not been refinanced. The amount of the deduction is the annual amount
for each year of the extension period or the annual amount of the
increase over the amount that would have been paid.
SECTION 29. IC 6-3.6-9-15, AS AMENDED BY P.L.230-2025,
SECTION 85, IS REPEALED [EFFECTIVE JANUARY 1, 2028]. Sec.
15. (a) If the budget agency determines that the balance in a county
trust account exceeds fifteen percent (15%) (or the percentage set forth
in subsection (g), if applicable) of the certified distributions to be made
to the county in the determination year, the budget agency shall make
a supplemental distribution to the county from the county's trust
account. The budget agency shall use the trust account balance as of
December 31 of the year that precedes the determination year by two
(2) years (referred to as the "trust account balance year" in this section).
(b) A supplemental distribution described in subsection (a) must be:
(1) made at the same time as the determinations are provided to
the county auditor under subsection (d)(3); and
(2) allocated in the same manner as certified distributions for the
purposes described in this article.
(c) The amount of a supplemental distribution described in
subsection (a) is equal to the amount by which:
(1) the balance in the county trust account; minus
(2) the amount of any supplemental or special distribution that has
not yet been accounted for in the last known balance of the
county's trust account;
exceeds fifteen percent (15%) (or the percentage set forth in subsection
(g), if applicable) of the certified distributions to be made to the county
in the determination year.
(d) For a county that qualifies for a supplemental distribution under
this section in a year, the following apply:
(1) Before February 15, the budget agency shall update the
information described in section 9 of this chapter to include the
excess account balances to be distributed under this section.
(2) Before May 2, the budget agency shall provide the amount of
the supplemental distribution for the county to the department of
local government finance and to the county auditor.
(3) The department of local government finance shall determine
for the county and each taxing unit within the county:
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(A) the amount and allocation of the supplemental distribution
attributable to the taxes that were imposed as of December 31
of the trust account balance year, including any specific
distributions for that year; and
(B) the amount of the allocation for each of the purposes set
forth in this article, using the allocation percentages in effect
in the trust account balance year.
The department of local government finance shall provide these
determinations to the county auditor before May 16 of the
determination year.
(4) Before June 1, the county auditor shall distribute to each
taxing unit the amount of the supplemental distribution that is
allocated to the taxing unit under subdivision (3). However, for a
county with a former tax to provide for a levy freeze under
IC 6-3.6-11-1, the supplemental distribution shall first be
distributed as determined in any resolution adopted under
IC 6-3.6-11-1(d).
For determinations before 2019, the tax rates in effect under and the
allocation methods specified in the former income tax laws shall be
used for the determinations under subdivision (3).
(e) For any part of a supplemental distribution attributable to
property tax credits under a former income tax or IC 6-3.6-5, the
adopting body for the county may allocate the supplemental
distribution to property tax credits for not more than the three (3) years
after the year the supplemental distribution is received.
(f) Any income earned on money held in a trust account established
for a county under this chapter shall be deposited in that trust account.
(g) This subsection applies only to counties that contain at least four
(4) municipalities (cities or towns) each with a population greater than
forty thousand (40,000), as determined by the most recent federal
decennial census, in which at least one (1) of those municipalities
meets the definition of a qualifying municipality under
IC 6-1.1-18.5-31(d). The following percentages apply for purposes of
the determinations under subsections (a) and (c):
(1) For the determination year beginning after December 31,
2025, and ending before January 1, 2027, twelve and five-tenths
percent (12.5%).
(2) For the determination year beginning after December 31,
2026, and ending before January 1, 2028, ten percent (10%).
(3) For a determination year beginning after December 31, 2027,
and ending before January 1, 2029, seven and five-tenths percent
(7.5%).
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(4) For the determination year beginning after December 31,
2028, and ending before January 1, 2030, five percent (5%).
(5) For the determination year beginning after December 31,
2029, and ending before January 1, 2031, two and one-half
percent (2.5%).
(6) For the determination year beginning after December 31,
2030, one percent (1%).
SECTION 30. IC 8-1-31-5, AS AMENDED BY P.L.61-2022,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 5. As used in this chapter, "eligible infrastructure
improvements" means projects that:
(1) are:
(A) new water or wastewater utility distribution or collection
plant projects; or
(B) projects to relocate existing utility plant, including projects
to relocate utility plant or equipment to accommodate the
construction, reconstruction, or improvement of a highway,
street, or road (as defined in IC 8-23-1-23), IC 8-23-1.1-22),
including projects under IC 8-25;
(2) do not increase revenues by connecting to new customers,
even if the projects provide greater available capacity with respect
to an eligible utility's distribution or collection plant; and
(3) either:
(A) for a public utility:
(i) are in service and used and useful; and
(ii) were not included in the public utility's rate base in its
most recent general rate case; or
(B) for a municipally owned or not-for-profit utility:
(i) are or will be extensions or replacements of projects
described in subdivision (1), as described in section
5.5(2)(B) or 5.5(3)(B) of this chapter, as applicable;
(ii) were not included on the utility's balance sheet as plant
in service in the utility's most recent general rate case; and
(iii) are not infrastructure improvements that are being
recovered or have been recovered through rates or another
rate adjustment mechanism.
SECTION 31. IC 8-1-31-13, AS AMENDED BY P.L.39-2023,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 13. (a) The commission may not approve a
petition filed under section 8 or 10 of this chapter to the extent it
would:
(1) for a public utility, produce total adjustment revenues
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exceeding ten percent (10%) of the eligible utility's base revenue
level approved by the commission in the eligible utility's most
recent general rate proceeding; or
(2) for a municipally owned or not-for-profit utility, produce total
adjustment revenues over the course of each twelve (12) month
recovery period that exceed ten percent (10%) of the eligible
utility's base revenue level approved by the commission in the
eligible utility's most recent general rate proceeding.
(b) Subsection (a) does not apply to:
(1) infrastructure improvement costs associated with eligible
infrastructure improvements that are placed in service due to the
construction, reconstruction, or improvement of a highway, street,
or road (as defined in IC 8-23-1-23), IC 8-23-1.1-22), including
projects under IC 8-25; or
(2) property taxes associated with eligible infrastructure
improvements.
SECTION 32. IC 8-4.5-1-16, AS AMENDED BY P.L.164-2020,
SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 16. "Recreational trail" means a trail or path that:
(1) includes a corridor along any part of its length;
(2) is intended to be used for:
(A) bicycling;
(B) exercising;
(C) hiking;
(D) running;
(E) riding:
(i) in or on a vehicle of any kind, regardless of the means of
propelling the vehicle; or
(ii) on any animal;
(F) walking; or
(G) any other recreational purpose; and
(3) is funded through the recreational trails program under
IC 8-4.5-5.
However, the term does not include a highway, road, or street, or road
(as defined in IC 8-23-1-23). IC 8-23-1.1-22).
SECTION 33. IC 8-15.7-2-6, AS ADDED BY P.L.47-2006,
SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 6. "Highway, street, or road" has the meaning set
forth in IC 8-23-1-23. IC 8-23-1.1-22.
SECTION 34. IC 8-15.7-2-14, AS AMENDED BY P.L.203-2007,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 14. (a) Subject to IC 8-15.7-1-5, "project" means
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all or part of the following:
(1) A limited access facility (as defined in IC 8-23-1-28).
IC 8-23-1.1-27).
(2) A tollway.
(3) Roads and bridges.
(4) Passenger and freight railroad systems, including:
(A) the costs of environmental impact studies;
(B) property, equipment, and appurtenances necessary to
operate a railroad, including lines, routes, roads, rights-of-way,
easements, licenses, permits, track upgrades, rail grade
crossings, locomotives, passenger cars, freight cars, and other
railroad cars of any type or class; and
(C) other costs that the department determines are necessary
to develop a passenger or freight railroad system in Indiana.
(5) All or part of a bridge, tunnel, overpass, underpass,
interchange, structure, ramp, access road, service road, entrance
plaza, approach, tollhouse, utility corridor, toll gantry, rest stop,
service area, or administration, storage, or other building or
facility, including temporary facilities and buildings or facilities
and structures that will not be tolled, that the department
determines is appurtenant, necessary, or desirable for the
development, financing, or operation of the facilities described in
subdivisions (1) through (4).
(6) An improvement, betterment, enlargement, extension, or
reconstruction of all or part of any of the facilities described in
this section, including a nontolled part, that is separately
designated by name or number.
(b) The term does not include a passenger railroad system that is
operated by a commuter transportation district established under
IC 8-5-15.
SECTION 35. IC 8-15.7-2-21, AS ADDED BY P.L.47-2006,
SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 21. "Transportation plan" has the meaning set
forth in IC 8-23-1-41. IC 8-23-1.1-41.
SECTION 36. IC 8-23-1 IS REPEALED [EFFECTIVE JULY 1,
2026]. (Definitions for Indiana Department of Transportation Law).
SECTION 37. IC 8-23-1.1 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]:
Chapter 1.1. Definitions
Sec. 1. The definitions in this chapter apply throughout this
article.
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Sec. 2. The definitions in IC 36-1-2 apply to this article.
Sec. 3. "Abandonment" means the cessation of use of
right-of-way activity upon a site with no intention to reclaim or use
the site again for highway purposes.
Sec. 4. "Adjacent area" means an area that is adjacent to and
within six hundred sixty (660) feet of the nearest edge of the
right-of-way of an interstate or primary highway.
Sec. 5. "Agency" has the meaning set forth in IC 4-22-2-3.
Sec. 6. "Arterial highway" means a highway designed primarily
for through traffic, usually on a continuous route.
Sec. 7. "Arterial street" means a street designed primarily for
through traffic, usually on a continuous route.
Sec. 8. "Authority" refers to the Indiana finance authority
established by IC 5-1.2-3.
Sec. 9. "Automobile graveyard" means an establishment or
place of business that is maintained, used, or operated for storing,
keeping, buying, or selling wrecked, scrapped, ruined, or
dismantled motor vehicles or motor vehicle parts.
Sec. 10. (a) "Changeable message sign" means a sign that
satisfies all of the following:
(1) The message on the sign may be changed mechanically,
electronically, or by remote control.
(2) The static display on the face of the sign:
(A) does not display any copy or message that moves,
appears to move, or flashes; and
(B) lasts at least eight (8) seconds.
(3) A message change takes no more than two (2) seconds.
(b) The term includes electronic billboards and trimovement
signs.
Sec. 11. "Commerce corridor" means that part of a recognized
system of highways that:
(1) directly facilitates intrastate, interstate, or international
commerce and travel;
(2) enhances economic vitality and international
competitiveness; or
(3) provides service to all parts of Indiana and the United
States.
Sec. 12. "Commissioner" refers to the commissioner of the
department.
Sec. 13. "County arterial highway system" means a system of
highways designated by the county highway authority as having
the greatest general importance to the county and for which
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responsibility is assigned to the county highway authority.
Sec. 14. "County local highway system" means the roads and
streets used primarily for access to residence, business, farm, or
other abutting property and for which responsibility is assigned to
the county highway authority.
Sec. 15. "Curb" means a stone or row of stones, or a similar
construction of concrete or other material, along the margin of a
roadway as a limit to the roadway and a restraint upon and
protection to the adjoining sidewalk space.
Sec. 16. "Department" refers to the Indiana department of
transportation established by IC 8-23-2-1.
Sec. 17. "Directional and other official signs and notices"
includes signs and notices pertaining to natural, scenic, and
historical attractions that are required or authorized by law and
conform to the national standards adopted by the United States
Secretary of Commerce under 23 U.S.C. 131(c).
Sec. 18. "Electronic billboard" means a programmable sign
capable of presenting a large amount of:
(1) text;
(2) symbolic imagery; or
(3) both text and symbolic imagery.
Sec. 19. "Erect" means to construct, build, raise, assemble,
place, affix, attach, create, paint, draw, or in any way bring into
being or establish. The term does not include an activity performed
as an incident to the change of an advertising message or normal
maintenance or repair of a sign structure.
Sec. 20. "Executive" has the meaning set forth in IC 36-1-2-5.
However, for a consolidated city, the term means the city-county
council.
Sec. 21. "Extraordinary cost" means the cost to a utility to
relocate existing facilities that is either:
(1) more than ten percent (10%) of the total operating
revenue received by the utility during the utility's most recent
full fiscal year; or
(2) more than fifty percent (50%) of the total estimated cost
of a proposed highway or bridge construction or
improvement project.
Sec. 22. "Highway, street, or road" means a public way for
purposes of vehicular traffic, including the entire area within the
right-of-way. However, the term does not include a highway for
purposes of IC 8-2.1.
Sec. 23. "Information center" means an area or site established
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and maintained at safety rest areas for the purpose of informing
the public of places of interest within Indiana and providing other
information that the department considers desirable.
Sec. 24. "Interstate system" means the part of the national
system of interstate and defense highways located within Indiana
as officially designated by the department and approved by the
United States Secretary of Commerce under 23 U.S.C.
Sec. 25. "Junk" means old or scrap copper, brass, rope, rags,
batteries, paper, trash, rubber debris, waste, or junked,
dismantled, or wrecked automobiles or automobile parts, iron,
steel, and other old scrap ferrous or nonferrous material.
Sec. 26. "Junkyard" means an establishment or place of
business that is maintained, operated, or used for storing, keeping,
buying, or selling junk, or for the maintenance or operation of an
automobile graveyard. The term includes garbage dumps and
sanitary fills. The term does not include a scrap metal processing
facility.
Sec. 27. "Limited access facility" means a highway or street
designed for through traffic, over, from, or to which owners or
occupiers of abutting land or other persons have either no right or
easement or a limited right or easement of direct access, light, air,
or view because their property abuts upon the limited access
facility or for any other reason. The highways or streets may be
parkways from which trucks, buses, and other commercial vehicles
are excluded or freeways open to use by all customary forms of
highway and street traffic.
Sec. 28. "Maintain" means allow to exist.
Sec. 29. "Main-traveled way" means the traveled way of a
highway on which through traffic is carried. For a divided
highway, the term includes the traveled way of each of the
separated roadways for traffic in opposite directions. The term
does not include frontage roads, turning roadways, or parking
areas.
Sec. 30. "Municipal arterial street system" means a system of
arterial streets and highways designated by the municipal street
authority as having the greatest importance to the municipality
and for which responsibility is assigned to the municipal street
authority.
Sec. 31. "Municipal local street system" means roads and streets
used primarily for access to residence, business, or other abutting
property and for which responsibility is assigned to the municipal
street authority.
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Sec. 32. "Primary system" means the part of connected main
highways as officially designated by the department and approved
by the United States Secretary of Commerce under 23 U.S.C.
Sec. 33. "Road paving material" means bituminous or portland
concrete surfaces.
Sec. 34. "Safety rest area" means an area or site established and
maintained within adjacent areas by or under public supervision
or control for the convenience of the traveling public.
Sec. 35. "Scrap metal processing facility" means an
establishment having facilities for processing iron, steel, or
nonferrous metal and whose principal product is scrap iron, steel,
or scrap for sale for remelting purposes only.
Sec. 36. "Secretary" refers to the United States Secretary of
Transportation.
Sec. 37. "Sign" means an outdoor sign, display, device, notice,
bulletin, figure, painting, drawing, message, placard, poster,
billboard, or other thing that is designated, intended, or used to
advertise or inform.
Sec. 38. "State aid director" refers to the chief administrative
officer of the office of the department that administers programs
of state and federal aid to local units of government, or the officer's
designee.
Sec. 39. "State highway system" means the system of highways
and streets that are of general economic importance to Indiana as
a whole and for which responsibility is assigned to the department.
Sec. 40. "Substantial completion" refers to the date, as
determined by the department, when the construction of the
contract is sufficiently completed in accordance with the plans and
specifications, as modified by any change orders, so that the
construction can be used for its intended purpose.
Sec. 41. "Transportation plan" means a statement evaluating
transportation policy objectives and projecting specific long range
comprehensive actions to accomplish policy objectives.
Sec. 42. "Traveled way" means the part of the roadway for the
movement of vehicles. The term does not include shoulders or
auxiliary lanes.
Sec. 43. "Trimovement sign" means a sign that displays three
(3) separate images sequentially by rotating triangular cylinders.
Sec. 44. (a) "Unzoned commercial or industrial area" means an
adjacent area not zoned under state or local statute, rule, or
ordinance on which there is located one (1) or more permanent
structures for commercial or industrial activities other than a sign
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or upon which a commercial or an industrial activity is actually
conducted, whether or not there is a permanent structure located
upon the adjacent area, and the area:
(1) extending six hundred (600) feet beyond the edge of the
commercial or industrial activity as determined under
subsection (c); and
(2) located along either side of an interstate or a primary
highway.
The term does not include land contiguous to an interstate or a
primary highway that has been designated as scenic by the state.
(b) The term does not include the following areas:
(1) Within three hundred (300) feet of a building used
primarily as a residence, unless the owner of the building
consents in writing to the particular commercial use.
(2) Within five hundred (500) feet of the following:
(A) A public park garden.
(B) A recreation area or forest preserve.
(C) A church or school.
(D) An officially designated historic battlefield, museum,
or historical monument.
(E) A safety rest or recreation area, publicly owned,
controlled, and maintained under 23 U.S.C. 319.
(F) A sanitary or other facility for the accommodation of
motorists, publicly owned, controlled, and maintained
under 23 U.S.C. 319.
(3) Within seven hundred fifty (750) feet of a strip of land in
which an interest has been acquired by the state for the
restoration, preservation, or enhancement of scenic beauty
that is publicly controlled and maintained under 23 U.S.C.
319.
(c) Distance from a commercial or an industrial activity
described under subsection (a):
(1) must be:
(A) measured from the outer edges of the regularly used
building, parking lot, storage areas, or processing areas of
the commercial or industrial activity; and
(B) parallel to the edge of the pavement of the highway;
and
(2) may not be measured from the property line of the
commercial or industrial activity, unless the property line is
located on an area described in subdivision (1)(A).
Sec. 45. "Urban area" means:
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(1) an urbanized area designated by the Bureau of the Census;
(2) if an urbanized area lies within more than one (1) state, the
part of the area that lies within the boundaries of Indiana; or
(3) an urban place designated by the Bureau of the Census
having a population of at least five thousand (5,000) that is not
within an urbanized area and is within boundaries
cooperatively established by the department and local
officials.
Sec. 46. "Utility" has the meaning set forth in IC 8-1-9-2(a).
Sec. 47. "Visible" means capable of being seen (whether or not
legible) without visual aid by a person of normal visual acuity using
the highway system.
Sec. 48. "Work program" means a schedule of steps to be
followed in implementing a transportation plan, including the
following:
(1) A description of the sequence of steps.
(2) The time limit within which each step is to be completed.
(3) The product of each step.
(4) The staff and resources required.
Sec. 49. "Zoned commercial or industrial areas" means those
areas that are zoned for business, industry, commerce, or trade
under a zoning ordinance.
SECTION 38. IC 8-23-9.5-11, AS ADDED BY P.L.60-2023,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 11. (a) As used in this chapter, "project" means
services provided using a two-phase contract with a CMGC or a PDB
for preconstruction services and construction services to design,
construct, alter, or repair:
(1) a state highway;
(2) a limited access facility (as defined in IC 8-23-1-28);
IC 8-23-1.1-27);
(3) a public highway (as defined in IC 9-25-2-4);
(4) a tollway;
(5) a bridge; and
(6) a passenger and freight railroad system.
(b) The term does not include a passenger railroad system that is
operated by a commuter transportation district created by IC 8-5-15.
SECTION 39. IC 8-23-10-0.5, AS AMENDED BY P.L.85-2017,
SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 0.5. (a) The definitions in IC 5-16-13 apply to this
section.
(b) For purposes of IC 5-16-13-10(c) and this section, a contractor
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must be qualified under this chapter before doing any work on a public
works project that is the construction, improvement, alteration, repair,
or maintenance of a highway, street, or road (as defined by
IC 8-23-1-23) in IC 8-23-1.1-22) or alley.
(c) Notwithstanding the applicability date specified in
IC 5-16-13-10(c) and subject to subsection (d), the requirement that a
contractor must be qualified under this chapter before doing any work
on a public works project applies to a public works contract awarded
after December 31, 2016.
(d) This subsection applies to a public works project awarded after
December 31, 2016, by a local unit. A contractor in any contractor tier
is not required to be qualified under this chapter before doing any work
on a public works project awarded by a local unit whenever:
(1) the total amount of the contract awarded to the contractor for
work on the public works project is less than three hundred
thousand dollars ($300,000); and
(2) the local unit complies with IC 36-1-12 in awarding the
contract for the public works project.
SECTION 40. IC 8-23-20-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 1. (a) The department
and the United States Secretary of Commerce shall enter into
agreements under 23 U.S.C. concerning the regulation of billboards,
signs, junkyards, and scrap metal processing areas in areas adjacent to
the interstate and primary highway systems. The agreements must
conform to the provisions of 23 U.S.C. to ensure that federal funds to
Indiana are continued.
(b) An agreement between the state and the United States Secretary
of Commerce entered into under 23 U.S.C. 131 must contain the
definition of "unzoned commercial or industrial area" found in
IC 8-23-1-43. IC 8-23-1.1-44. If the state has received from the
Secretary a formal notice of a proposed determination to withhold
funds from the state because of an asserted unacceptability of the
definition, the governor shall modify the definition. The modification
may be made during a hearing on the notice held by the Secretary
under 23 U.S.C. 131, or, if as a matter of law the Secretary decides to
withhold funds prior to a hearing, the governor:
(1) may modify the definition before a hearing; and
(2) shall request a hearing under 23 U.S.C. 131.
SECTION 41. IC 8-23-26-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 1. (a) This chapter does
not apply to a project let under IC 8-23-11.
(b) This chapter applies only to projects on the state highway system
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(as defined in IC 8-23-1-40). IC 8-23-1.1-39).
SECTION 42. IC 8-23-32-1, AS ADDED BY P.L.120-2023,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. This chapter applies to a part of a road or bridge
on the interstate system (as defined by IC 8-23-1-25) in
IC 8-23-1.1-24) or a U.S. route.
SECTION 43. IC 9-18.5-8-4, AS AMENDED BY P.L.129-2018,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 4. (a) The bureau shall issue a permanent parking
placard to an individual:
(1) who is certified by a health care provider listed in subsection
(b) as having:
(A) a permanent physical disability that requires the use of a
wheelchair, a walker, braces, or crutches;
(B) permanently lost the use of one (1) or both legs; or
(C) a permanent and severe restriction in mobility due to a
pulmonary or cardiovascular disability, an arthritic condition,
or an orthopedic or neurological impairment;
(2) who is certified to be permanently:
(A) blind (as defined in IC 12-7-2-21(2)); IC 12-7-2.1-38(2));
or
(B) visually impaired (as defined in IC 12-7-2-198);
IC 12-7-2.1-349);
by an optometrist or ophthalmologist who has a valid unrestricted
license to practice optometry or ophthalmology in Indiana; or
(3) who:
(A) has been issued; or
(B) is otherwise eligible to receive;
a disabled Hoosier veteran license plate under IC 9-18.5-5 and
requests a permanent parking placard.
The certification must be provided in a manner and form prescribed by
the bureau.
(b) A certification required under subsection (a)(1) may be provided
by the following:
(1) A physician having a valid and unrestricted license to practice
medicine.
(2) A physician who is a commissioned medical officer of:
(A) the armed forces of the United States; or
(B) the United States Public Health Service.
(3) A physician who is a medical officer of the United States
Department of Veterans Affairs.
(4) A chiropractor with a valid and unrestricted license under
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IC 25-10-1.
(5) A podiatrist with a valid and unrestricted license under
IC 25-29-1.
(6) An advanced practice registered nurse with a valid and
unrestricted license under IC 25-23.
(7) A physician assistant with a valid and unrestricted license
under IC 25-27.5.
(c) A permanent placard issued under this section remains in effect
until:
(1) a health care provider listed in subsection (b); or
(2) an optometrist or ophthalmologist that has a valid unrestricted
license to practice optometry or ophthalmology in Indiana;
certifies that the recipient's disability is no longer considered to be
permanent.
SECTION 44. IC 9-18.5-8-5, AS AMENDED BY P.L.256-2017,
SECTION 136, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 5. (a) The bureau shall issue a
temporary placard to an individual who is certified by:
(1) a health care provider listed in section 4(b) of this chapter as
having:
(A) a temporary physical disability that requires the temporary
use of a wheelchair, a walker, braces, or crutches;
(B) temporarily lost the use of one (1) or both legs; or
(C) a temporary and severe restriction in mobility due to a
pulmonary or cardiovascular disability, an arthritic condition,
or an orthopedic or neurological impairment; or
(2) an optometrist or ophthalmologist who has a valid unrestricted
license to practice optometry or ophthalmology in Indiana to be
temporarily:
(A) blind (as defined in IC 12-7-2-21(2)); IC 12-7-2.1-38(2));
or
(B) visually impaired (as defined in IC 12-7-2-198).
IC 12-7-2.1-349).
(b) A certification under this section must:
(1) be in a manner and form prescribed by the bureau; and
(2) state the expected duration, including an end date, of the
condition on which the certification is based.
(c) A temporary placard issued under this section expires on the
earlier of the following:
(1) One (1) year after the date on which the placard is issued.
(2) The end date set forth in the certification under subsection (b).
SECTION 45. IC 9-20-1-3, AS AMENDED BY P.L.93-2024,
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SECTION 92, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3. (a) This subsection does not apply to any
highway or street in the state highway system. Except as provided in
subsection (e), local authorities, with respect to highways under their
jurisdiction, may by ordinance:
(1) prohibit the operation of vehicles upon any highway; or
(2) impose restrictions as to the weight of vehicles to be operated
upon any highway;
for a total period not to exceed ninety (90) days in any one (1) year,
whenever any highway by reason of deterioration, rain, snow, or other
climatic conditions will be seriously damaged or destroyed without the
regulation of vehicles.
(b) A local authority adopting an ordinance under subsection (a)
shall erect or cause to be erected and maintained signs specifying the
terms of the ordinance at each end of that part of any highway affected
by the ordinance and at intersecting highways. The ordinance may not
be enforced until the signs are erected and maintained.
(c) Except as provided in subsection (e), local authorities with
respect to highways under their jurisdiction, except highways in the
state highway system and state maintained routes through cities and
towns, may by ordinance do the following:
(1) Prohibit the operation of trucks or other commercial vehicles.
(2) Impose limitations as to the weight, size, or use of those
vehicles on designated highways.
The prohibitions and limitations must be designated by appropriate
signs placed on the highways.
(d) The Indiana department of transportation has the same authority
granted to local authorities in subsections (a) and (c) to determine by
executive order and to impose restrictions as to weight, size, and use of
vehicles operated upon a highway in the state highway system,
including state maintained routes through cities and towns. These
restrictions may not be enforced until signs giving notice of the
restrictions are erected upon the highway or part of the highway
affected by the order.
(e) The commissioner of the Indiana department of transportation
may designate an order adopted under subsection (d) as a rule and
adopt the order as a rule under IC 4-22-2.
(f) A local authority may not, in an ordinance passed under
subsection (a) or (c), prohibit the operation of buses that are not more
than forty-five (45) feet in length on any segment of the primary system
(as defined in IC 8-23-1-33) IC 8-23-1.1-32) that was in existence on
June 1, 1991.
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SECTION 46. IC 9-24-9-3, AS AMENDED BY P.L.116-2017,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3. (a) Except as provided in section 4.1 of this
chapter, the application of an individual less than eighteen (18) years
of age for a permit or driver's license under this chapter must be signed
and sworn to or affirmed by one (1) of the following in order of
preference:
(1) The parent having custody of the minor applicant or a
designee of the custodial parent specified by the custodial parent.
(2) The noncustodial parent (as defined in IC 31-9-2-83)
IC 31-9-2.1-164) of the minor applicant or a designee of the
noncustodial parent specified by the noncustodial parent.
(3) The guardian having custody of the minor applicant.
(4) In the absence of a person described in subdivisions (1)
through (3), any other adult who is willing to assume the
obligations imposed by the provisions of this chapter.
(b) The bureau shall require an individual signing an application
under subsection (a) to present a valid form of identification in a
manner prescribed by the bureau.
SECTION 47. IC 9-24-16-3, AS AMENDED BY P.L.141-2024,
SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3. (a) An identification card:
(1) issued in the form of a physical credential must have the same
dimensions and shape as a driver's license; and
(2) in the form of a mobile credential must contain the same data
contained in a driver's license;
but the card must have markings sufficient to distinguish the card from
a driver's license.
(b) Except as provided in subsection (g), the front side of an
identification card issued in the form of a physical credential must
contain the expiration date of the identification card and the following
information about the individual to whom the card is being issued:
(1) Full legal name.
(2) The address of the principal residence.
(3) Date of birth.
(4) Date of issue and date of expiration.
(5) Unique identification number.
(6) Gender.
(7) Weight.
(8) Height.
(9) Color of eyes and hair.
(10) Reproduction of the signature of the individual identified.
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(11) Whether the individual is blind (as defined in
IC 12-7-2-21(1)). IC 12-7-2.1-38(1)).
(12) If the individual is less than eighteen (18) years of age at the
time of issuance, the dates on which the individual will become:
(A) eighteen (18) years of age; and
(B) twenty-one (21) years of age.
(13) If the individual is at least eighteen (18) years of age but less
than twenty-one (21) years of age at the time of issuance, the date
on which the individual will become twenty-one (21) years of age.
(14) Digital photograph of the individual.
(c) The information contained on the identification card as required
by subsection (b)(12) or (b)(13) for an individual who is less than
twenty-one (21) years of age at the time of issuance shall be notated
prominently on the identification card issued in the form of a physical
credential.
(d) If the individual complies with section 2(f) or 2(g) of this
chapter, an indication of the individual's veteran status or status as the
surviving spouse of a veteran of the armed forces of the United States,
as applicable, shall be shown on the identification card issued in the
form of a physical credential.
(e) If the applicant for an identification card issued in the form of a
physical credential submits information to the bureau concerning the
applicant's medical condition, the bureau shall place an identifying
symbol on the face of the identification card issued in the form of a
physical credential to indicate that the applicant has a medical
condition of note. The bureau shall include information on the
identification card issued in the form of a physical credential that
briefly describes the medical condition of the holder of the card issued
in the form of a physical credential. The information must be printed
in a manner that alerts a person reading the card issued in the form of
a physical credential to the existence of the medical condition. The
applicant for an identification card issued in the form of a physical
credential is responsible for the accuracy of the information concerning
the medical condition submitted under this subsection. The bureau
shall inform an applicant that submission of information under this
subsection is voluntary.
(f) An identification card issued by the state to an individual who
has temporary lawful status as indicated by:
(1) a valid, unexpired nonimmigrant visa or has nonimmigrant
visa status for entry in the United States;
(2) a pending application for asylum in the United States;
(3) a pending or approved application for temporary protected
SEA 80 — CC 1
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status in the United States;
(4) having an approved deferred action status; or
(5) a pending application for adjustment of status to that of an
alien lawfully admitted for permanent residence in the United
States or conditional permanent residence status in the United
States;
must be issued in the form of a physical credential and clearly
identified as a temporary identification card. A temporary identification
card issued under this subsection may not be renewed without the
presentation of valid documentary evidence proving that the holder of
the identification card's temporary status has been extended.
(g) For purposes of subsection (b), an individual certified as a
program participant in the address confidentiality program under
IC 5-26.5 is not required to provide the address of the individual's
principal residence, but may provide an address designated by the
office of the attorney general under IC 5-26.5 as the address of the
individual's principal residence.
(h) The bureau shall validate an identification card issued in the
form of a physical credential for motor driven cycle operation upon a
highway by endorsement to an individual who:
(1) applies for or has previously been issued an identification card
under this chapter;
(2) makes the appropriate application for endorsement; and
(3) satisfactorily completes the test required under section 3.6 of
this chapter.
The bureau shall place a designation on the face of the identification
card issued in the form of a physical credential to indicate that the
individual has received a motor driven cycle endorsement.
SECTION 48. IC 9-30-14-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 3. To qualify as a
victim impact program under section 2 of this chapter, a program must
do the following:
(1) Provide an opportunity to participate in a victim impact
program in the county in which the court is located.
(2) Present each victim impact program described in subdivision
(1) with at least one (1) speaker who is one (1) of the following:
(A) A person who was injured as a result of the operation of a
vehicle by another person who operated the vehicle under the
influence of alcohol or a controlled substance listed in
schedule I or II under IC 35-48-2.
(B) A family member or a friend of a person who was injured
or died as a result of the operation of a vehicle by another
SEA 80 — CC 1
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person who operated the vehicle under the influence of alcohol
or a controlled substance listed in schedule I or II under
IC 35-48-2.
(C) A person who was convicted in Indiana of a covered
offense or in another state of an offense that is substantially
similar to a covered offense.
(D) A person who has been or is involved in a program
designed to control the use or otherwise rehabilitate a person
who is an alcohol abuser (as defined in IC 12-7-2-11),
IC 12-7-2.1-18), a drug abuser (as defined in IC 12-7-2-73),
IC 12-7-2.1-129), or both.
(3) Require a person to visit a specified emergency medical care
facility, a coroner facility, or a chronic alcoholism treatment
center under supervision, as specified by the court.
SECTION 49. IC 10-13-3-2.5, AS ADDED BY P.L.146-2006,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2.5. As used in this chapter, "caseworker" has the
meaning set forth in IC 31-9-2-11. IC 31-9-2.1-29.
SECTION 50. IC 10-13-3-36, AS AMENDED BY P.L.51-2016,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 36. (a) The department may not charge a fee for
responding to a request for the release of a limited criminal history
record if the request is made by a nonprofit organization:
(1) that has been in existence for at least ten (10) years; and
(2) that:
(A) has a primary purpose of providing an individual
relationship for a child with an adult volunteer if the request
is made as part of a background investigation of a prospective
adult volunteer for the organization;
(B) is a community intellectual disability and other
developmental disabilities center (as defined in IC 12-7-2-39);
IC 12-7-2.1-77);
(C) is a supervised group living facility licensed under
IC 12-28-5;
(D) is an area agency on aging designated under IC 12-10-1;
(E) is a community action agency (as defined in
IC 12-14-23-2);
(F) is the owner or operator of a hospice program licensed
under IC 16-25-3; or
(G) is a community mental health center (as defined in
IC 12-7-2-38). IC 12-7-2.1-78).
(b) Except as provided in subsection (d), the department may not
SEA 80 — CC 1
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charge a fee for responding to a request for the release of a limited
criminal history record made by the department of child services or the
division of family resources if the request is made as part of a
background investigation of an applicant for a license under IC 12-17.2
or IC 31-27.
(c) The department may not charge a fee for responding to a request
for the release of a limited criminal history if the request is made by a
school corporation, special education cooperative, or nonpublic school
(as defined in IC 20-18-2-12) as part of a background investigation of
a prospective or current employee or a prospective or current adult
volunteer for the school corporation, special education cooperative, or
nonpublic school.
(d) As used in this subsection, "state agency" means an authority, a
board, a branch, a commission, a committee, a department, a division,
or another instrumentality of state government, including the executive
and judicial branches of state government, the principal secretary of the
senate, the principal clerk of the house of representatives, the executive
director of the legislative services agency, a state elected official's
office, or a body corporate and politic, but does not include a state
educational institution. The department may not charge a fee for
responding to a request for the release of a limited criminal history if
the request is made:
(1) by a state agency; and
(2) through the computer gateway that is administered by the
office of technology established by IC 4-13.1-2-1.
(e) The department may not charge a fee for responding to a request
for the release of a limited criminal history record made by the Indiana
professional licensing agency established by IC 25-1-5-3 if the request
is:
(1) made through the computer gateway that is administered by
the office of technology; and
(2) part of a background investigation of a practitioner or an
individual who has applied for a license issued by a board (as
defined in IC 25-1-9-1).
(f) The department may not charge a church or religious society a
fee for responding to a request for the release of a limited criminal
history record if:
(1) the church or religious society is a religious organization
exempt from federal income taxation under Section 501 of the
Internal Revenue Code;
(2) the request is made as part of a background investigation of a
prospective or current employee or a prospective or current adult
SEA 80 — CC 1
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volunteer; and
(3) the employee or volunteer works in a nonprofit program or
ministry of the church or religious society, including a child care
ministry registered under IC 12-17.2-6.
(g) The department may not charge the school of education of a
public or private postsecondary educational institution a fee for
responding to a request for the release of a limited criminal history
record if the request is made as part of a background investigation of
a student before or after the student begins the student's field or
classroom experience. However, the department may charge the
student a fee for responding to a request for the release of a limited
criminal history record.
SECTION 51. IC 10-13-3-39, AS AMENDED BY P.L.110-2023,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 39. (a) The department is designated as the
authorized agency to receive requests for, process, and disseminate the
results of national criminal history background checks that comply with
this section and 42 U.S.C. 5119a.
(b) A qualified entity may contact the department to request a
national criminal history background check on any of the following
persons:
(1) A person who seeks to be or is employed with the qualified
entity. A request under this subdivision must be made not later
than three (3) months after the person is initially employed by the
qualified entity.
(2) A person who seeks to volunteer or is a volunteer with the
qualified entity. A request under this subdivision must be made
not later than three (3) months after the person initially volunteers
with the qualified entity.
(3) A person for whom a national criminal history background
check is required under any law relating to the licensing of a
home, center, or other facility for purposes of day care or
residential care of children.
(4) A person for whom a national criminal history background
check is permitted for purposes of:
(A) placement of a child in a foster family home, a prospective
adoptive home, or the home of a relative, legal guardian to
whom IC 29-3-8-9 applies, or other caretaker under section
27.5 of this chapter or IC 31-34;
(B) a report concerning an adoption as required by IC 31-19-8;
(C) collaborative care host homes and supervised independent
living arrangements as provided in IC 31-28-5.8-5.5; or
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(D) reunification of a child with a parent, guardian, or
custodian as provided in IC 31-34-21-5.5.
(5) A person for whom a national criminal history background
check is required for the licensing of a group home, child caring
institution, child placing agency, or foster home under IC 31-27.
(6) A person for whom a national criminal history background
check is required for determining the individual's suitability as an
employee of a contractor of the state under section 38.5(a)(1) of
this chapter.
(c) A qualified entity must submit a request under subsection (b) in
the form required by the department and provide a set of the person's
fingerprints and any required fees with the request.
(d) If a qualified entity makes a request in conformity with
subsection (b), the department shall submit the set of fingerprints
provided with the request to the Federal Bureau of Investigation for a
national criminal history background check. The department shall
respond to the request in conformity with:
(1) the requirements of 42 U.S.C. 5119a; and
(2) the regulations prescribed by the Attorney General of the
United States under 42 U.S.C. 5119a.
(e) Subsection (f):
(1) applies to a qualified entity that:
(A) is not a school corporation or a special education
cooperative; or
(B) is a school corporation or a special education cooperative
and seeks a national criminal history background check for a
volunteer; and
(2) does not apply to a qualified entity that is a:
(A) home health agency licensed under IC 16-27-1; or
(B) personal services agency licensed under IC 16-27-4.
(f) After receiving the results of a national criminal history
background check from the Federal Bureau of Investigation, the
department shall make a determination whether the person who is the
subject of a request has been convicted of:
(1) an offense described in IC 20-26-5-11.2;
(2) in the case of a foster family home, a nonwaivable offense as
defined in IC 31-9-2-84.8; IC 31-9-2.1-168;
(3) in the case of a prospective adoptive home, a nonwaivable
offense under IC 31-9-2-84.8; IC 31-9-2.1-168;
(4) any other felony; or
(5) any misdemeanor;
and convey the determination to the requesting qualified entity.
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(g) This subsection applies to a qualified entity that:
(1) is a school corporation or a special education cooperative; and
(2) seeks a national criminal history background check to
determine whether to employ or continue the employment of a
certificated employee, a noncertificated employee, or an adjunct
teacher who holds a permit under IC 20-28-5-27 of a school
corporation or an equivalent position with a special education
cooperative.
After receiving the results of a national criminal history background
check from the Federal Bureau of Investigation, the department may
exchange identification records concerning convictions for offenses
described in IC 20-26-5-11.2 with the school corporation or special
education cooperative solely for purposes of making an employment
determination. The exchange may be made only for the official use of
the officials with authority to make the employment determination. The
exchange is subject to the restrictions on dissemination imposed under
P.L.92-544, (86 Stat. 1115) (1972).
(h) This subsection applies to a qualified entity (as defined in
IC 10-13-3-16) section 16 of this chapter) that is a public agency
under IC 5-14-1.5-2(a)(1). After receiving the results of a national
criminal history background check from the Federal Bureau of
Investigation, the department shall provide a copy to the public agency.
Except as permitted by federal law, the public agency may not share the
information contained in the national criminal history background
check with a private agency.
(i) This subsection applies to a qualified entity that is a:
(1) home health agency licensed under IC 16-27-1; or
(2) personal services agency licensed under IC 16-27-4.
After receiving the results of a national criminal history background
check from the Federal Bureau of Investigation, the department shall
make a determination whether the applicant has been convicted of an
offense described in IC 16-27-2-5(a) and convey the determination to
the requesting qualified entity.
(j) The department:
(1) may permanently retain an applicant's fingerprints submitted
under this section; and
(2) shall retain the applicant's fingerprints separately from
fingerprints collected under section 24 of this chapter.
SECTION 52. IC 10-16-7-22, AS AMENDED BY P.L.68-2005,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 22. If a member of the Indiana National Guard or
a member of a reserve component of the armed forces of the United
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States:
(1) is a noncustodial parent (as defined in IC 31-9-2-83);
IC 31-9-2.1-164);
(2) misses parenting time as provided in an order issued under
IC 31-14-14 or IC 31-17-4 due to participating in an activity
required under this chapter; and
(3) notifies the custodial parent at least seven (7) days before the
member misses the anticipated parenting time described in
subdivision (2), unless the member is unable to provide notice
due to a government emergency;
the member shall be allowed to make up the lost parenting time at the
member's earliest convenience but not later than one (1) month after
the member misses the parenting time under this section, if exercising
the lost parenting time does not conflict with the child's school
schedule.
SECTION 53. IC 11-8-8-4.5, AS AMENDED BY HEA 1303-2026,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 4.5. (a) Except as provided in section 22 of this
chapter, as used in this chapter, "sex offender" means a person
convicted of any of the following offenses:
(1) Rape (IC 35-42-4-1).
(2) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).
(3) Child molesting (IC 35-42-4-3).
(4) Child exploitation (IC 35-42-4-4).
(5) Vicarious sexual gratification (including performing sexual
conduct in the presence of a minor) (IC 35-42-4-5).
(6) Child solicitation (IC 35-42-4-6).
(7) Child seduction (IC 35-42-4-7).
(8) Sexual misconduct with a minor (IC 35-42-4-9) as a Class A,
Class B, or Class C felony (for a crime committed before July 1,
2014) or a Level 1, Level 2, Level 4, or Level 5 felony (for a
crime committed after June 30, 2014), unless:
(A) the person is convicted of sexual misconduct with a minor
as a Class C felony (for a crime committed before July 1,
2014) or a Level 5 felony (for a crime committed after June
30, 2014);
(B) the person is not more than:
(i) four (4) years older than the victim if the offense was
committed after June 30, 2007; or
(ii) five (5) years older than the victim if the offense was
committed before July 1, 2007; and
(C) the sentencing court finds that the person should not be
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required to register as a sex offender.
(9) Incest (IC 35-46-1-3).
(10) Sexual battery (IC 35-42-4-8).
(11) Kidnapping (IC 35-42-3-2), if the victim is less than eighteen
(18) years of age, and the person who kidnapped the victim is not
the victim's parent or guardian.
(12) Criminal confinement (IC 35-42-3-3), if the victim is less
than eighteen (18) years of age, and the person who confined or
removed the victim is not the victim's parent or guardian.
(13) Possession of child sex abuse material (IC 35-42-4-4(d) or
IC 35-42-4-4(e)) (before July 1, 2026), or a child sex abuse
material offense under IC 35-42-4-4.5 (after June 30, 2026).
(14) Promoting prostitution (IC 35-45-4-4) as a Class B felony
(for a crime committed before July 1, 2014) or a Level 4 felony
(for a crime committed after June 30, 2014).
(15) Promotion of human sexual trafficking under
IC 35-42-3.5-1.1.
(16) Promotion of child sexual trafficking under
IC 35-42-3.5-1.2(a).
(17) Promotion of sexual trafficking of a younger child (IC
35-42-3.5-1.2(c)).
(18) Child sexual trafficking (IC 35-42-3.5-1.3).
(19) Human trafficking under IC 35-42-3.5-1.4 if the victim is
less than eighteen (18) years of age.
(20) Sexual misconduct by a service provider with a detained or
supervised child (IC 35-44.1-3-10(c)).
(b) The term includes:
(1) a person who is required to register as a sex offender in any
jurisdiction;
(2) a person who has been designated:
(A) a sex offender;
(B) a sexually violent predator; or
(C) with a substantially equivalent designation;
in another jurisdiction and who was or would be subjected to the
sex offender registration reporting requirements in the other
jurisdiction if the person resided, worked, volunteered, attended
school, or owned real property in that jurisdiction, as determined
by the department;
(3) a person who has been convicted of failure to register as a sex
offender in any jurisdiction; and
(4) a child who has committed a delinquent act, or a person
prosecuted under IC 31-30-1-4(d) for an offense described in
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subsection (a) committed when the person was less than eighteen
(18) years of age, but who was at least twenty-one (21) years of
age when the charge was filed, and who:
(A) is at least fourteen (14) years of age;
(B) is on probation, is on parole, is discharged from a facility
by the department of correction, is discharged from a secure
private facility (as defined in IC 31-9-2-115),
IC 31-9-2.1-223), or is discharged from a juvenile detention
facility as a result of an adjudication as a delinquent child for
an act that would be an offense described in subsection (a) if
committed by an adult; and
(C) is found by a court by clear and convincing evidence to be
likely to repeat an act that would be an offense described in
subsection (a) if committed by an adult.
(c) In making a determination under subsection (b)(4)(C), the court
shall consider expert testimony concerning whether a child is likely to
repeat an act that would be an offense described in subsection (a) if
committed by an adult.
(d) A person ordered to register under subsection (b)(4) may
petition the court to reconsider the order at any time after completing
court ordered sex offender treatment. The court shall consider expert
testimony concerning whether a child or person is likely to repeat an
offense described in subsection (a) or an act that would be an offense
described in subsection (a) if committed by an adult.
SECTION 54. IC 11-8-8-5, AS AMENDED BY HEA 1303-2026,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 5. (a) Except as provided in section 22 of this
chapter, as used in this chapter, "sex or violent offender" means a
person convicted of any of the following offenses:
(1) Rape (IC 35-42-4-1).
(2) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).
(3) Child molesting (IC 35-42-4-3).
(4) Child exploitation (IC 35-42-4-4).
(5) Vicarious sexual gratification (including performing sexual
conduct in the presence of a minor) (IC 35-42-4-5).
(6) Child solicitation (IC 35-42-4-6).
(7) Child seduction (IC 35-42-4-7).
(8) Sexual misconduct with a minor (IC 35-42-4-9) as a Class A,
Class B, or Class C felony (for a crime committed before July 1,
2014) or a Level 1, Level 2, Level 4, or Level 5 felony (for a
crime committed after June 30, 2014), unless:
(A) the person is convicted of sexual misconduct with a minor
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as a Class C felony (for a crime committed before July 1,
2014) or a Level 5 felony (for a crime committed after June
30, 2014);
(B) the person is not more than:
(i) four (4) years older than the victim if the offense was
committed after June 30, 2007; or
(ii) five (5) years older than the victim if the offense was
committed before July 1, 2007; and
(C) the sentencing court finds that the person should not be
required to register as a sex offender.
(9) Incest (IC 35-46-1-3).
(10) Sexual battery (IC 35-42-4-8).
(11) Kidnapping (IC 35-42-3-2), if the victim is less than eighteen
(18) years of age, and the person who kidnapped the victim is not
the victim's parent or guardian.
(12) Criminal confinement (IC 35-42-3-3), if the victim is less
than eighteen (18) years of age, and the person who confined or
removed the victim is not the victim's parent or guardian.
(13) Possession of child sex abuse material (IC 35-42-4-4(d) or
IC 35-42-4-4(e)) (before July 1, 2026), or a child sex abuse
material offense under IC 35-42-4-4.5 (after June 30, 2026).
(14) Promoting prostitution (IC 35-45-4-4) as a Class B felony
(for a crime committed before July 1, 2014) or a Level 4 felony
(for a crime committed after June 30, 2014).
(15) Promotion of human sexual trafficking under
IC 35-42-3.5-1.1.
(16) Promotion of child sexual trafficking under
IC 35-42-3.5-1.2(a).
(17) Promotion of sexual trafficking of a younger child (IC
35-42-3.5-1.2(c)).
(18) Child sexual trafficking (IC 35-42-3.5-1.3).
(19) Human trafficking under IC 35-42-3.5-1.4 if the victim is
less than eighteen (18) years of age.
(20) Murder (IC 35-42-1-1).
(21) Voluntary manslaughter (IC 35-42-1-3).
(22) Sexual misconduct by a service provider with a detained or
supervised child (IC 35-44.1-3-10(c)).
(b) The term includes:
(1) a person who is required to register as a sex or violent
offender in any jurisdiction;
(2) a person who has been designated:
(A) a sex offender;
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(B) a sexually violent predator; or
(C) with a substantially equivalent designation;
in another jurisdiction, and who was or would be subjected to the
sex offender registration reporting requirements in the other
jurisdiction if the person resided, worked, volunteered, attended
school, or owned real property in that jurisdiction, as determined
by the department;
(3) a person who has been convicted of failure to register as a sex
offender in any jurisdiction; and
(4) a child who has committed a delinquent act, or a person
prosecuted under IC 31-30-1-4(d) for an offense described in
subsection (a) committed when the person was less than eighteen
(18) years of age, but who was at least twenty-one (21) years of
age when the charge was filed, and who:
(A) is at least fourteen (14) years of age;
(B) is on probation, is on parole, is discharged from a facility
by the department of correction, is discharged from a secure
private facility (as defined in IC 31-9-2-115),
IC 31-9-2.1-223), or is discharged from a juvenile detention
facility as a result of an adjudication as a delinquent child for
an act that would be an offense described in subsection (a) if
committed by an adult; and
(C) is found by a court by clear and convincing evidence to be
likely to repeat an act that would be an offense described in
subsection (a) if committed by an adult.
(c) In making a determination under subsection (b)(4)(C), the court
shall consider expert testimony concerning whether a child is likely to
repeat an act that would be an offense described in subsection (a) if
committed by an adult.
(d) A person ordered to register under subsection (b)(4) may
petition the court to reconsider the order at any time after completing
court ordered sex offender treatment. The court shall consider expert
testimony concerning whether a child or person is likely to repeat an
offense described in subsection (a) or an act that would be an offense
described in subsection (a) if committed by an adult.
SECTION 55. IC 11-8-8-7, AS AMENDED BY THE TECHNICAL
CORRECTIONS BILL OF THE 2026 GENERAL ASSEMBLY, IS
AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2026]:
Sec. 7. (a) Subject to section 19 of this chapter, the following persons
must register under this chapter:
(1) A sex or violent offender who resides in Indiana. A sex or
violent offender resides in Indiana if either of the following
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applies:
(A) The sex or violent offender spends or intends to spend at
least seven (7) days (including part of a day) in Indiana during
a one hundred eighty (180) day period.
(B) The sex or violent offender owns real property in Indiana
and returns to Indiana at any time.
(2) A sex or violent offender who works or carries on a vocation
or intends to work or carry on a vocation full time or part time: for
a period:
(A) for a period exceeding seven (7) consecutive days; or
(B) for a total period exceeding fourteen (14) days;
during any calendar year in Indiana regardless of whether the sex
or violent offender is financially compensated, volunteered, or is
acting for the purpose of government or educational benefit.
(3) A sex or violent offender who is enrolled or intends to be
enrolled on a full-time or part-time basis in any public or private
educational institution, including any secondary school, trade, or
professional institution, or postsecondary educational institution.
(b) Except as provided in subsection (e), a sex or violent offender
who resides in Indiana shall register with the local law enforcement
authority in the county where the sex or violent offender resides. If a
sex or violent offender resides in more than one (1) county, the sex or
violent offender shall register with the local law enforcement authority
in each county in which the sex or violent offender resides. If the sex
or violent offender is also required to register under subsection (a)(2)
or (a)(3), the sex or violent offender shall also register with the local
law enforcement authority in the county in which the offender is
required to register under subsection (c) or (d).
(c) A sex or violent offender described in subsection (a)(2) shall
register with the local law enforcement authority in the county where
the sex or violent offender is or intends to be employed or carry on a
vocation. If a sex or violent offender is or intends to be employed or
carry on a vocation in more than one (1) county, the sex or violent
offender shall register with the local law enforcement authority in each
county. If the sex or violent offender is also required to register under
subsection (a)(1) or (a)(3), the sex or violent offender shall also register
with the local law enforcement authority in the county in which the
offender is required to register under subsection (b) or (d).
(d) A sex or violent offender described in subsection (a)(3) shall
register with the local law enforcement authority in the county where
the sex or violent offender is enrolled or intends to be enrolled as a
student. If the sex or violent offender is also required to register under
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subsection (a)(1) or (a)(2), the sex or violent offender shall also register
with the local law enforcement authority in the county in which the
offender is required to register under subsection (b) or (c).
(e) A sex or violent offender described in subsection (a)(1)(B) shall
register with the local law enforcement authority in the county in which
the real property is located. If the sex or violent offender is also
required to register under subsection (a)(1)(A), (a)(2), or (a)(3), the sex
or violent offender shall also register with the local law enforcement
authority in the county in which the offender is required to register
under subsection (b), (c), or (d).
(f) A sex or violent offender committed to the department shall
register with the department before the sex or violent offender is placed
in a community transition program, placed in a work release program,
or released from incarceration, whichever occurs first. The department
shall forward the sex or violent offender's registration information to
the local law enforcement authority of every county in which the sex or
violent offender is required to register. If a sex or violent offender
released from the department under this subsection:
(1) informs the department of the offender's intended location of
residence upon release; and
(2) does not move to this location upon release;
the offender shall, not later than seventy-two (72) hours after the date
on which the offender is released, report in person to the local law
enforcement authority having jurisdiction over the offender's current
address or location.
(g) This subsection does not apply to a sex or violent offender who
is a sexually violent predator. A sex or violent offender not committed
to the department shall register not more than seven (7) days after the
sex or violent offender:
(1) is released from a penal facility (as defined in
IC 35-31.5-2-232);
(2) is released from a secure private facility (as defined in
IC 31-9-2-115); IC 31-9-2.1-223);
(3) is released from a juvenile detention facility;
(4) is transferred to a community transition program;
(5) is placed on parole;
(6) is placed on probation;
(7) is placed on home detention; or
(8) arrives at the place where the sex or violent offender is
required to register under subsection (b), (c), or (d);
whichever occurs first. A sex or violent offender required to register in
more than one (1) county under subsection (b), (c), (d), or (e) shall
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register in each appropriate county not more than seventy-two (72)
hours after the sex or violent offender's arrival in that county or
acquisition of real estate in that county.
(h) This subsection applies to a sex or violent offender who is a
sexually violent predator. A sex or violent offender who is a sexually
violent predator shall register not more than seventy-two (72) hours
after the sex or violent offender:
(1) is released from a penal facility (as defined in
IC 35-31.5-2-232);
(2) is released from a secure private facility (as defined in
IC 31-9-2-115); IC 31-9-2.1-223);
(3) is released from a juvenile detention facility;
(4) is transferred to a community transition program;
(5) is placed on parole;
(6) is placed on probation;
(7) is placed on home detention; or
(8) arrives at the place where the sexually violent predator is
required to register under subsection (b), (c), or (d);
whichever occurs first. A sex or violent offender who is a sexually
violent predator required to register in more than one (1) county under
subsection (b), (c), (d), or (e) shall register in each appropriate county
not more than seventy-two (72) hours after the offender's arrival in that
county or acquisition of real estate in that county.
(i) The local law enforcement authority with whom a sex or violent
offender registers under this section shall make and publish a
photograph of the sex or violent offender on the Indiana sex and violent
offender registry website established under IC 36-2-13-5.5. The local
law enforcement authority shall make a photograph of the sex or
violent offender that complies with the requirements of IC 36-2-13-5.5
at least once per year. The sheriff of a county containing a consolidated
city shall provide the police chief of the consolidated city with all
photographic and computer equipment necessary to enable the police
chief of the consolidated city to transmit sex or violent offender
photographs (and other identifying information required by
IC 36-2-13-5.5) to the Indiana sex and violent offender registry website
established under IC 36-2-13-5.5. In addition, the sheriff of a county
containing a consolidated city shall provide all funding for the county's
financial obligation for the establishment and maintenance of the
Indiana sex and violent offender registry website established under
IC 36-2-13-5.5.
(j) When a sex or violent offender registers, the local law
enforcement authority shall:
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(1) immediately update the Indiana sex and violent offender
registry website established under IC 36-2-13-5.5;
(2) notify every law enforcement agency having jurisdiction in the
county where the sex or violent offender resides; and
(3) update the National Crime Information Center National Sex
Offender Registry data base via the Indiana data and
communications system (IDACS).
When a sex or violent offender from a jurisdiction outside Indiana
registers a change of address, electronic mail address, instant
messaging username, electronic chat room username, social networking
website username, employment, vocation, or enrollment in Indiana, the
local law enforcement authority shall provide the department with the
information provided by the sex or violent offender during registration.
SECTION 56. IC 11-8-8-9, AS AMENDED BY P.L.3-2008,
SECTION 87, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 9. (a) Not more than seven (7) days before an
Indiana sex or violent offender who is required to register under this
chapter is scheduled to be released from a secure private facility (as
defined in IC 31-9-2-115), IC 31-9-2.1-223), or released from a
juvenile detention facility, an official of the facility shall do the
following:
(1) Orally inform the sex or violent offender of the sex or violent
offender's duty to register under this chapter and require the sex
or violent offender to sign a written statement that the sex or
violent offender was orally informed or, if the sex or violent
offender refuses to sign the statement, certify that the sex or
violent offender was orally informed of the duty to register.
(2) Deliver a form advising the sex or violent offender of the sex
or violent offender's duty to register under this chapter and require
the sex or violent offender to sign a written statement that the sex
or violent offender received the written notice or, if the sex or
violent offender refuses to sign the statement, certify that the sex
or violent offender was given the written notice of the duty to
register.
(3) Obtain the address where the sex or violent offender expects
to reside after the sex or violent offender's release.
(4) Transmit to the local law enforcement authority in the county
where the sex or violent offender expects to reside the sex or
violent offender's name, date of release or transfer, new address,
and the offense or delinquent act committed by the sex or violent
offender.
(b) Not more than seventy-two (72) hours after a sex or violent
SEA 80 — CC 1
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offender who is required to register under this chapter is released or
transferred as described in subsection (a), an official of the facility shall
transmit to the state police the following:
(1) The sex or violent offender's fingerprints, photograph, and
identification factors.
(2) The address where the sex or violent offender expects to
reside after the sex or violent offender's release.
(3) The complete criminal history data (as defined in
IC 10-13-3-5) or, if the sex or violent offender committed a
delinquent act, juvenile history data (as defined in IC 10-13-4-4)
of the sex or violent offender.
(4) Information regarding the sex or violent offender's past
treatment for mental disorders.
(5) Information as to whether the sex or violent offender has been
determined to be a sexually violent predator.
(c) This subsection applies if a sex or violent offender is placed on
probation or in a community corrections program without being
confined in a penal facility. The probation office serving the court in
which the sex or violent offender is sentenced shall perform the duties
required under subsections (a) and (b).
(d) For any sex or violent offender who is not committed to the
department, the probation office of the sentencing court shall transmit
to the department a copy of:
(1) the sex or violent offender's:
(A) sentencing order; and
(B) presentence investigation; and
(2) any other information required by the department to make a
determination concerning sex or violent offender registration.
SECTION 57. IC 11-8-8-13, AS AMENDED BY P.L.214-2013,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 13. (a) To verify a sex or violent offender's current
residence, the local law enforcement authority having jurisdiction over
the area of the sex or violent offender's current principal address or
location shall do the following:
(1) Contact each offender in a manner approved or prescribed by
the department at least one (1) time per year.
(2) Contact each offender who is designated a sexually violent
predator in a manner approved or prescribed by the department at
least once every ninety (90) days.
(3) Personally visit each sex or violent offender in the county at
the sex or violent offender's listed address at least one (1) time per
year, beginning seven (7) days after the local law enforcement
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authority receives a notice under section 7 of this chapter or the
date the sex or violent offender is:
(A) released from a penal facility (as defined in
IC 35-31.5-2-232), a secure private facility (as defined in
IC 31-9-2-115), IC 31-9-2.1-223), or a juvenile detention
facility;
(B) placed in a community transition program;
(C) placed in a community corrections program;
(D) placed on parole; or
(E) placed on probation;
whichever occurs first.
(4) Personally visit each sex or violent offender who is designated
a sexually violent predator under IC 35-38-1-7.5 at least once
every ninety (90) days, beginning seven (7) days after the local
law enforcement authority receives a notice under section 7 of
this chapter or the date the sex or violent offender is:
(A) released from a penal facility (as defined in
IC 35-31.5-2-232), a secure private facility (as defined in
IC 31-9-2-115), IC 31-9-2.1-223), or a juvenile detention
facility;
(B) placed in a community transition program;
(C) placed in a community corrections program;
(D) placed on parole; or
(E) placed on probation;
whichever occurs first.
(b) If a sex or violent offender appears not to reside at the sex or
violent offender's listed address, the local law enforcement authority
shall immediately notify the department and the prosecuting attorney.
SECTION 58. IC 11-10-4-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 1. (a) As used in this
chapter, the terms used in IC 12-26 have the meanings set forth in
IC 12-7-2. IC 12-7-2.1.
(b) As used in this chapter, "qualified medical personnel" has the
meaning set out in IC 11-10-3-1.
SECTION 59. IC 11-10-12-5.7, AS AMENDED BY P.L.6-2021,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 5.7. (a) The department shall assist a committed
offender who has a mental illness or addictive disorder in securing
treatment through an approved Medicaid program, as the authorized
representative as described in IC 11-10-3-7 or as a health navigator
under the requirements of IC 27-19-2-12, so that the committed
offender might be eligible for treatment when the offender is:
SEA 80 — CC 1
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(1) released on parole;
(2) assigned to a community transition program;
(3) discharged from the department; or
(4) required to receive inpatient psychiatric services while
incarcerated to the extent authorized under federal law.
(b) The department shall provide the assistance described in
subsection (a) in sufficient time to ensure that the committed offender
will be able to receive treatment at the time the committed offender is:
(1) released on parole;
(2) assigned to a community transition program; or
(3) discharged from the department.
(c) Subject to federal law, an inmate placed in a work release
program or other department program involving alternative sentencing
programs is eligible for Medicaid covered services.
(d) The department may use a community mental health center (as
defined in IC 12-7-2-38), IC 12-7-2.1-78), hospital, mental health
professional, or other provider certified or licensed by the division of
mental health and addiction to provide treatment for a mental illness or
addictive disorder through the Medicaid program.
(e) The department may permit an offender committed to the
department to remain within a treatment facility operated by the
department for not more than fourteen (14) days past the offender's
mandatory release date, if:
(1) the offender has a serious physical or mental disorder or
disability;
(2) the offender is being held in the treatment facility operated by
the department until the offender may be placed in a similar
treatment setting outside the department;
(3) the department made a good faith effort to timely place the
offender in a treatment setting outside the department on or before
the offender's mandatory release date; and
(4) the offender:
(A) consents to being held in a treatment facility operated by
the department beyond the offender's mandatory release date;
or
(B) has been ordered by a court to be committed to a treatment
setting outside the department.
SECTION 60. IC 11-12-3.7-2.8, AS ADDED BY P.L.187-2015,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2.8. As used in this chapter, "developmental
disability" has the meaning set forth in IC 12-7-2-61. IC 12-7-2.1-118.
SECTION 61. IC 11-12-5-10, AS ADDED BY P.L.185-2015,
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SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 10. (a) This section is effective beginning
September 1, 2015.
(b) The sheriff, in consultation with the county executive or a person
designated by the county executive, shall assist an offender who has a
mental illness or addictive disorder in securing treatment for the mental
illness or for substance abuse addiction, as the authorized
representative as described in IC 11-10-3-7 or as a health navigator
under the requirements of IC 27-19-2-12, so that the offender might be
eligible for treatment when the offender is subsequently released from
the county jail or required to receive inpatient psychiatric services
while incarcerated to the extent authorized under federal law.
(c) The sheriff shall provide the assistance described in subsection
(b) in sufficient time to ensure that the offender will be able to receive
treatment at the time the committed offender is released from the
county jail.
(d) A sheriff shall use a community mental health center (as defined
in IC 12-7-2-38) IC 12-7-2.1-78) or a provider certified or licensed by
the division of mental health and addiction, including a hospital or
outreach eligibility worker, to assist with securing treatment for a
mental illness or addictive disorder through the Medicaid program
under this section.
SECTION 62. IC 12-7-2 IS REPEALED [EFFECTIVE JULY 1,
2026]. (Definitions for Human Services Law).
SECTION 63. IC 12-7-2.1 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]:
Chapter 2.1. Definitions
Sec. 1. "9-8-8 crisis response center", for purposes of
IC 12-21-8, has the meaning set forth in IC 12-21-8-1.
Sec. 2. "9-8-8 suicide and crisis lifeline", for purposes of
IC 12-21-8, has the meaning set forth in IC 12-21-8-1.2.
Sec. 3. "ABLE account", for purposes of IC 12-11-14, has the
meaning set forth in IC 12-11-14-1.
Sec. 4. "Activities of daily living", for purposes of IC 12-10-10
and IC 12-10-11.5, has the meaning set forth in IC 12-10-10-1.5.
Sec. 5. "Addiction treatment team", for purposes of
IC 12-23-19.5, has the meaning set forth in IC 12-23-19.5-1.
Sec. 6. "Administrator", for purposes of:
(1) IC 12-10-15, has the meaning set forth in IC 12-10-15-1.5;
and
(2) IC 12-24-17, has the meaning set forth in IC 12-24-17-1.
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Sec. 7. "Adult entertainment establishment", for purposes of
IC 12-13-14-4.5, means a place that provides adult oriented
entertainment in which performers disrobe or perform in an
unclothed state for entertainment.
Sec. 8. "Adult protective services unit", for purposes of
IC 12-10-3, has the meaning set forth in IC 12-10-3-1.
Sec. 9. "Advance", for purposes of IC 12-20-25-41, has the
meaning set forth in IC 12-20-25-41.
Sec. 10. "Advanced practice registered nurse", for purposes of
IC 12-15-5-14, has the meaning set forth in IC 12-15-5-14(a).
Sec. 11. "Advisory committee", for purposes of IC 12-15-35-51,
has the meaning set forth in IC 12-15-35-51.
Sec. 12. "Advocacy", for purposes of IC 12-28-1, has the
meaning set forth in IC 12-28-1-2.
Sec. 13. "Advocate", for purposes of IC 12-26, refers to a person
who:
(1) is a court appointed special advocate (as defined in
IC 31-9-2.1-67); or
(2) is a guardian ad litem (as defined in IC 31-9-2.1-117).
Sec. 14. "Affected agency", for purposes of IC 12-16-1, has the
meaning set forth in IC 12-16-1-1.
Sec. 15. "Aged", for purposes of IC 12-10-1 and IC 12-10-2,
means an individual who is at least sixty (60) years of age.
Sec. 16. "Agency" means the following:
(1) For purposes of IC 12-12.7-2, the meaning set forth in
IC 12-12.7-2-1.
(2) For purposes of IC 12-32-1, the meaning set forth in
IC 12-32-1-1.
Sec. 17. "Alcohol abuse", for purposes of IC 12-23, means
repeated episodes of intoxication or drinking which impair health
or interfere with an individual's effectiveness on the job, at home,
in the community, or operating a motor vehicle.
Sec. 18. "Alcohol abuser", for purposes of IC 12-23, means an
individual who has had repeated episodes of intoxication or
drinking which impair the individual's health or interfere with the
individual's effectiveness on the job, at home, in the community, or
in operating a motor vehicle.
Sec. 19. "Alcohol and drug services program", for purposes of
IC 12-23, means a service for a person:
(1) arrested for, charged with, or convicted of a misdemeanor
or felony;
(2) against whom a:
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(A) complaint for an infraction is filed; or
(B) judgment for an infraction is entered; or
(3) who is referred to a program under IC 12-23-14-5;
which provides intervention, education, referral, treatment, or
rehabilitation, under the operation of a court or under private
contract.
Sec. 20. "Alcoholic", for purposes of IC 12-23, means an
individual who chronically and habitually uses alcoholic beverages
to the extent that the individual:
(1) loses the power of self-control with respect to the use of
alcoholic beverages; and
(2) becomes a menace to the public morals, health, safety, or
welfare of the members of society in general.
Sec. 21. "Alcoholism", for purposes of IC 12-23, means the
abnormal condition which the effect of alcohol produces in an
alcoholic.
Sec. 22. "Alzheimer's and dementia special care", for purposes
of IC 12-10-5.5, has the meaning set forth in IC 12-10-5.5-1.
Sec. 23. "Ancillary services", for purposes of IC 12-10-17.1, has
the meaning set forth in IC 12-10-17.1-2.
Sec. 24. "Applicant" means the following:
(1) For purposes of the following statutes, a person who has
applied for assistance for the applicant or another person
under any of the following statutes:
(A) IC 12-10-6.
(B) IC 12-13.
(C) IC 12-14.
(D) IC 12-15.
(E) IC 12-19.
(2) For purposes of IC 12-17-12, the meaning set forth in
IC 12-17-12-1.
(3) For purposes of IC 12-17-13, the meaning set forth in
IC 12-17-13-1.
(4) For purposes of IC 12-17.2, a person who seeks a license to
operate a child care center or child care home.
(5) For purposes of IC 31-27, a person who seeks a license to
operate a child caring institution, foster family home, group
home, or child placing agency.
Sec. 25. "Appropriate and medically necessary", for purposes
of IC 12-15-35, has the meaning set forth in IC 12-15-35-1.
Sec. 26. "Approved postsecondary educational institution" has
the meaning set forth in IC 21-7-13-6(a).
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Sec. 27. "Area agency", for purposes of IC 12-10-5.7, has the
meaning set forth in IC 12-10-5.7-1.
Sec. 28. "Asset disregard", for purposes of IC 12-15-39.6, has
the meaning set forth in IC 12-15-39.6-10.
Sec. 29. "Assistance", for purposes of the following statutes,
means money or services regardless of the source, paid or
furnished under any of the following statutes:
(1) IC 12-10-6.
(2) IC 12-13.
(3) IC 12-14.
(4) IC 12-15.
(5) IC 12-19.
Sec. 30. "Assisted living services", for purposes of IC 12-8-1.6,
has the meaning set forth in IC 12-8-1.6-1.
Sec. 31. "Attendant care services", for purposes of
IC 12-10-17.1, has the meaning set forth in IC 12-10-17.1-3.
Sec. 32. "Authority", for purposes of IC 12-11-14, has the
meaning set forth in IC 12-11-14-2.
Sec. 33. (a) "Autism", for purposes of IC 12-11-8, has the
meaning set forth in IC 12-11-8-1.
(b) "Autism", for purposes of IC 12-11-1.1-6 and IC 12-28-4-13,
refers to an autism spectrum disorder that is described in the most
recent edition of the Diagnostic and Statistical Manual of Mental
Disorders of the American Psychiatric Association.
Sec. 34. "Automated teller machine", for purposes of
IC 12-13-14, has the meaning set forth in IC 12-13-14-1.
Sec. 35. "Basic necessities", for purposes of IC 12-20, includes
those services or items essential to meet the minimum standards of
health, safety, and decency, including the following:
(1) Medical care described in IC 12-20-16-2.
(2) Clothing and footwear.
(3) Food.
(4) Shelter.
(5) Transportation to seek and accept employment on a
reasonable basis.
(6) Household essentials.
(7) Essential utility services.
(8) Other services or items the township trustee determines
are necessities.
Sec. 36. "Basic services", for purposes of IC 12-10-17.1, has the
meaning set forth in IC 12-10-17.1-4.
Sec. 37. "Battery", for purposes of IC 12-10-3, includes battery
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(IC 35-42-2-1), domestic battery (IC 35-42-2-1.3), and aggravated
battery (IC 35-42-2-1.5).
Sec. 38. "Blind" means the following:
(1) For purposes of the following statutes, the term refers to
an individual who has vision in the better eye with correcting
glasses of 20/200 or less, or a disqualifying visual field defect
as determined upon examination by an ophthalmologist or
optometrist who has been designated to make such
examinations by the county office and approved by the
division of family resources or by the division in the manner
provided in any of the following statutes:
(A) IC 12-10-6.
(B) IC 12-13.
(C) IC 12-14.
(D) IC 12-15.
(E) IC 12-19.
(2) For purposes of the following statutes, the term refers to
an individual who has a central visual acuity of 20/200 or less
in the individual's better eye with the best correction or a field
of vision that is not greater than twenty (20) degrees at its
widest diameter:
(A) IC 12-12-1.
(B) IC 12-12-3.
(C) IC 12-12-5.
(D) IC 12-12-6.
Sec. 39. "Board" has the following meaning:
(1) For purposes of IC 12-8-6.5-14, the meaning set forth in
IC 12-8-6.5-14(a).
(2) For purposes of IC 12-8-6.5-14.1, the meaning set forth in
IC 12-8-6.5-14.1(a).
(3) For purposes of IC 12-8-6.5-14.3, the meaning set forth in
IC 12-8-6.5-14.3(a).
(4) For purposes of IC 12-8-6.5-15, the meaning set forth in
IC 12-8-6.5-15(a).
(5) For purposes of IC 12-10-10 and IC 12-10-11, the
community and home options to institutional care for the
elderly and disabled board established by IC 12-10-11-1.
(6) For purposes of IC 12-11-14, the meaning set forth in
IC 12-11-14-3.
(7) For purposes of IC 12-15-35, the meaning set forth in
IC 12-15-35-2.
Sec. 40. "Body", for purposes of IC 12-8-2.5, has the meaning
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set forth in IC 12-8-2.5-1.
Sec. 41. "Broker", for purposes of IC 12-15-30.5, has the
meaning set forth in IC 12-15-30.5-1.
Sec. 42. "Bureau" means the following:
(1) For purposes of IC 12-10, the bureau of better aging
established by IC 12-10-1-1.
(2) For purposes of IC 12-11, the bureau of disabilities
services established by IC 12-11-1.1-1.
(3) For purposes of IC 12-12, the rehabilitation services
bureau of the division of disability, aging, and rehabilitative
services established by IC 12-12-1-1.
Sec. 43. "Buy-in program", as used in IC 12-15-41, has the
meaning set forth in IC 12-15-41-1.
Sec. 43.6. "Candy", for purposes of IC 12-14-30-10, has the
meaning set forth in IC 12-14-30-10(a).
Sec. 44. "Caregiver", for purposes of IC 12-17.2, means an
individual who is assigned by a provider the responsibility for
supervising a specific child in the care of the provider.
Sec. 45. "Caretaker", for purposes of IC 12-10, has the meaning
set forth in IC 12-10-22-1.
Sec. 46. "Case management", for purposes of IC 12-10-1 and
IC 12-10-10, has the meaning set forth in IC 12-10-10-1.
Sec. 47. "CCDF", for purposes of IC 12-17.2-7.2, has the
meaning set forth in IC 12-17.2-7.2-0.4.
Sec. 48. "Center", for purposes of IC 12-26, means a community
mental health center.
Sec. 49. "Center for independent living", for purposes of
IC 12-12-8, has the meaning set forth in IC 12-12-8-1.
Sec. 50. "Certified community behavioral health clinic", for
purposes of IC 12-15-1.3-25, has the meaning set forth in
IC 12-15-1.3-25.
Sec. 50.5 "Certified peer", for purposes of IC 12-21, means an
individual who is trained and certified by the division of mental
health and addiction or an approved nationally accredited
certification body to provide ongoing support to individuals and
families of individuals who are receiving mental health or
substance use recovery supports and services.
Sec. 51. "Chemical test", for purposes of IC 12-23-14, means an
analysis of an individual's:
(1) blood;
(2) breath;
(3) hair;
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(4) sweat;
(5) saliva;
(6) urine; or
(7) other bodily substance;
to determine the presence of alcohol or a controlled substance (as
defined in IC 35-48-1.1-7).
Sec. 52. "Chief magistrate", for purposes of IC 12-28-3, has the
meaning set forth in IC 12-28-3-3.
Sec. 53. "Child" means the following:
(1) For purposes of IC 12-17.2, an individual who is less than
eighteen (18) years of age.
(2) For purposes of IC 12-26, the meaning set forth in
IC 31-9-2.1-32(d).
Sec. 54. "Child care", for purposes of IC 12-17.2, means a
service that provides for the care, health, safety, and supervision
of a child's social, emotional, and educational growth.
Sec. 55. "Child care center", for purposes of IC 12-17.2, means
a nonresidential building where at least one (1) child receives child
care from a provider:
(1) while unattended by a parent, legal guardian, or
custodian;
(2) for regular compensation; and
(3) for more than four (4) hours but less than twenty-four (24)
hours in each of ten (10) consecutive days per year, excluding
intervening Saturdays, Sundays, and holidays.
Sec. 56. "Child care employee", for purposes of IC 12-17.2-7.2,
has the meaning set forth in IC 12-17.2-7.2-0.5.
Sec. 57. (a) Except as provided in subsection (c), "child care
home", for purposes of IC 12-17.2, means a residential structure
in which at least eight (8) children, or at least four (4) children
under twelve (12) months of age, (not including the children for
whom the provider is a parent, stepparent, guardian, custodian, or
other relative) at any time receive child care from a provider:
(1) while unattended by a parent, legal guardian, or
custodian;
(2) for regular compensation; and
(3) for more than six (6) hours per day but less than
twenty-four (24) hours per day for ten (10) consecutive days,
not including Saturdays, Sundays, and holidays.
(b) The term includes:
(1) a class I child care home; and
(2) a class II child care home.
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(c) A child who is:
(1) a relative of a provider;
(2) under the custody or guardianship of a provider; or
(3) at least fourteen (14) years of age and does not require
child care;
is not a child described under subsection (a).
Sec. 58. "Child care ministry", for purposes of IC 12-17.2,
means child care operated by a church or religious ministry that
is a religious organization exempt from federal income taxation
under Section 501 of the Internal Revenue Code.
Sec. 59. "Child care program", for purposes of IC 12-17.2-3.5,
has the meaning set forth in IC 12-17.2-3.5-1.2.
Sec. 60. "Child caring institution", for purposes of section
149(3) of this chapter and IC 12-26, means an institution that:
(1) operates under a license issued under IC 31-27;
(2) provides for delivery of mental health services that are
appropriate to the needs of the individual; and
(3) complies with the rules adopted under IC 4-22-2 by the
department of child services.
Sec. 61. "Child in need of services", for purposes of the
following statutes, has the meaning set forth in IC 31-34-1-1
through IC 31-34-1-9:
(1) IC 12-13.
(2) IC 12-14.
(3) IC 12-15.
(4) IC 12-19.
Sec. 62. "Child of a child care employee", for purposes of
IC 12-17.2-7.2, has the meaning set forth in IC 12-17.2-7.2-0.6.
Sec. 63. "Child welfare services", for purposes of the following
statutes, has the meaning set forth in IC 31-9-2.1-52:
(1) IC 12-13.
(2) IC 12-14.
(3) IC 12-15.
Sec. 64. "Children's hospital", for purposes of IC 12-15-15-1.2,
has the meaning set forth in IC 12-15-15-1.2(a).
Sec. 65. "Chronic pain" means pain that:
(1) persists beyond the usual course of an acute disease or
healing of an injury; or
(2) may be associated with an acute or chronic pathologic
process that causes continuous or intermittent pain for a
period of months or years.
Sec. 66. "Chronic pain management", for purposes of
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IC 12-15-5, means evidence based health care products and
services intended to relieve chronic pain that has lasted for at least
three (3) months. The term includes:
(1) prescription drugs;
(2) physical therapy;
(3) occupational therapy;
(4) chiropractic care; and
(5) osteopathic manipulative treatment.
Sec. 67. "Chronically medically dependent" for purposes of
IC 12-15-36, has the meaning set forth in IC 12-15-36-2.
Sec. 68. (a) As used in this chapter, "class I child care home"
means a child care home that serves any combination of full-time
and part-time children, not to exceed at any one (1) time twelve
(12) children plus three (3) children who are enrolled in at least
full-day kindergarten.
(b) A child:
(1) for whom a provider of care in the child care home is a
parent, stepparent, guardian, custodian, or other relative and
who is at least seven (7) years of age; or
(2) who is at least fourteen (14) years of age and does not
require child care;
shall not be counted in determining whether the child care home is
within the limit set forth in subsection (a).
Sec. 69. (a) As used in this chapter, "class II child care home"
means a child care home that serves more than twelve (12) children
but not more than any combination of sixteen (16) full-time and
part-time children at any one (1) time.
(b) A child:
(1) for whom a provider of care in the child care home is a
parent, stepparent, guardian, custodian, or other relative and
who is at least seven (7) years of age; or
(2) who is at least fourteen (14) years of age and does not
require child care;
shall not be counted in determining whether the child care home is
within the limit set forth in subsection (a).
Sec. 70. (a) "Clean claim", for purposes of IC 12-15-13, except
for IC 12-15-13-1 and IC 12-15-13-1.5, has the meaning set forth in
IC 12-15-13-0.5.
(b) "Clean claim", for purposes of IC 12-15-12.7, IC 12-15-13-1,
and IC 12-15-13-1.5, has the meaning set forth in IC 12-15-13-0.6.
Sec. 71. (a) "Coalition", for purposes of IC 12-18-8, has the
meaning set forth in IC 12-18-8-1.
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(b) "Coalition", for purposes of IC 12-18-9, has the meaning set
forth in IC 12-18-9-1.
Sec. 72. "Commission" means the following:
(1) For purposes of IC 12-10-2, the meaning set forth in
IC 12-10-2-1.
(2) For purposes of IC 12-12-2, the meaning set forth in
IC 12-12-2-1.
(3) For purposes of IC 12-13-14, the meaning set forth in
IC 12-13-14-1.
(4) For purposes of IC 12-15-30.5, the meaning set forth in
IC 12-15-30.5-2.
(5) For purposes of IC 12-15-33, the meaning set forth in
IC 12-15-33-1.
(6) For purposes of IC 12-21-7.1, the meaning set forth in
IC 12-21-7.1-1.
(7) For purposes of IC 12-28-1, the meaning set forth in
IC 12-28-1-3.
Sec. 73. "Commissioner", for purposes of IC 12-12-8, has the
meaning set forth in IC 12-12-8-1.5.
Sec. 74. "Community action agency", for purposes of
IC 12-14-23, has the meaning set forth in IC 12-14-23-2.
Sec. 75. "Community and home care services", for purposes of
IC 12-10-10, has the meaning set forth in IC 12-10-10-2.
Sec. 76. "Community based residential program", for purposes
of IC 12-22-2, refers to the programs described in IC 12-22-2-3.5.
Sec. 77. "Community intellectual disability and other
developmental disabilities centers", for purposes of IC 12-29
(except as provided in IC 12-29-3-6), means a program of services
that meets the following conditions:
(1) Is approved by the division of disability, aging, and
rehabilitative services.
(2) Is organized for the purpose of providing multiple services
for persons with developmental disabilities.
(3) Is operated by one (1) of the following or any combination
of the following:
(A) A city, a town, a county, or another political
subdivision of Indiana.
(B) An agency of the state.
(C) An agency of the United States.
(D) A political subdivision of another state.
(E) A hospital owned or operated by a unit of government
described in clauses (A) through (D).
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(F) A building authority organized for the purpose of
constructing facilities to be leased to units of government.
(G) A corporation incorporated under IC 23-7-1.1 (before
its repeal August 1, 1991) or IC 23-17.
(H) A nonprofit corporation incorporated in another state.
(I) A university or college.
(4) Is accredited for the services provided by one (1) of the
following organizations:
(A) The Commission on Accreditation of Rehabilitation
Facilities (CARF), or its successor.
(B) The Council on Quality and Leadership in Supports for
People with Disabilities, or its successor.
(C) The Joint Commission on Accreditation of Healthcare
Organizations (JCAHO), or its successor.
(D) The National Commission on Quality Assurance, or its
successor.
(E) An independent national accreditation organization
approved by the secretary.
Sec. 78. "Community mental health center" means a program
of services that meets the following conditions:
(1) Is approved by the division of mental health and addiction.
(2) Is organized for the purpose of providing multiple services
for persons with mental illness or a chronic addictive
disorder.
(3) Is operated by one (1) of the following or any combination
of the following:
(A) A city, a town, a county, or another political
subdivision of Indiana.
(B) An agency of the state.
(C) An agency of the United States.
(D) A political subdivision of another state.
(E) A hospital owned or operated by a unit of government
described in clauses (A) through (D).
(F) A building authority organized for the purpose of
constructing facilities to be leased to units of government.
(G) A corporation incorporated under IC 23-7-1.1 (before
its repeal August 1, 1991) or IC 23-17.
(H) A nonprofit corporation incorporated in another state.
(I) A university or college.
Sec. 79. "Community spouse", for purposes of IC 12-15-2,
means an individual who:
(1) is the spouse of an individual who resides in a nursing
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facility or another medical institution; and
(2) does not reside in a nursing facility or another medical
institution.
Sec. 80. "Compendia", for purposes of IC 12-15-35 and
IC 12-15-35.5, has the meaning set forth in IC 12-15-35-3.
Sec. 81. "Comprehensive risk contract" has the meaning set
forth in 42 CFR 438.2.
Sec. 82. "Consumer control", for purposes of IC 12-12-8, has
the meaning set forth in IC 12-12-8-2.
Sec. 83. (a) "Continuum of care" means a range of services:
(1) defined by the division in rules adopted under IC 4-22-2 to
provide a comprehensive continuum of care by a community
mental health center or other provider; and
(2) based on recovery focused models of care and that are
intended to meet the individual treatment needs of the
behavioral health consumer.
(b) The continuum of care may include the following services:
(1) Wellness programs.
(2) Engagement services.
(3) Outpatient and inpatient services.
(4) Rehabilitative and habilitative services.
(5) Residential care and supported housing.
(6) Acute intensive services.
All services must support prevention and treatment of mental
health and addiction for all populations.
Sec. 84. "Contracting county", for purposes of IC 12-30-7, has
the meaning set forth in IC 12-30-7-2.
Sec. 85. "Contracting state", for purposes of IC 12-11-14, has
the meaning set forth in IC 12-11-14-4.
Sec. 86. "Contribution", for purposes of IC 12-17-12, has the
meaning set forth in IC 12-17-12-2.
Sec. 87. "Control board", for purposes of IC 12-20-25, has the
meaning set forth in IC 12-20-25-2.
Sec. 88. (a) "Cooperate", for purposes of IC 12-14-2-24,
IC 12-14-7-2, and IC 12-14-7-3, includes, with regard to nonparent
custodians or guardians, the following:
(1) To appear at appointments, in person or by telephone,
with a prosecuting attorney related to:
(A) establishing:
(i) paternity; or
(ii) an order for child support; or
(B) enforcing an order for child support.
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(2) To return telephone calls and respond to correspondence
when requested by a prosecuting attorney.
(3) To supply information, to the extent known by the
nonparent custodian or guardian, for a prosecuting attorney
to proceed with appropriate actions to:
(A) establish paternity of a dependent child;
(B) locate parents; or
(C) establish a child support order with respect to a child.
(4) To appear at hearings regarding:
(A) establishment of paternity of a child or a child support
order; or
(B) enforcement of a child support order;
if attendance is necessary as determined by the prosecuting
attorney.
(b) Information under subsection (a)(3) includes:
(1) identification of potential fathers of a dependent child, if
known and paternity has not been established; and
(2) the following information, if known, regarding any parent
or potential parent of a dependent child:
(A) The full legal name and nicknames.
(B) The Social Security number.
(C) The current or last known address and telephone
number.
(D) The current or last known employer, including the
name and address of the employer.
(E) If a student, the current or last known school.
(F) The criminal record, including where and when the
parent or potential parent was incarcerated.
(G) The date of birth or age.
(H) The race.
(I) Any known group or organizational affiliations.
(J) The names and addresses of close friends or relatives.
(K) Any other information that the prosecuting attorney
requests to help locate or identify a parent of a dependent
child.
(L) A recent photograph.
Sec. 89. "Council" means the following:
(1) For purposes of IC 12-9-4, the meaning set forth in
IC 12-9-4-1.
(2) For purposes of IC 12-12-8, the meaning set forth in
IC 12-12-8-2.5.
(3) For purposes of IC 12-13-4, the meaning set forth in
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IC 12-13-4-1.
(4) For purposes of IC 12-12.7-2, the meaning set forth in
IC 12-12.7-2-2.
(5) For purposes of IC 12-21-4, the meaning set forth in
IC 12-21-4-1.
Sec. 90. "Counseling", for purposes of IC 12-15-35, has the
meaning set forth in IC 12-15-35-4.
Sec. 91. "Countable asset" means the following:
(1) For purposes of IC 12-10-10, property that is included in
determining assets in the same manner as determining an
individual's eligibility for the Medicaid aged and disabled
waiver.
(2) For purposes of IC 12-20, noncash property that is not
necessary for the health, safety, or decent living standard of
a household that:
(A) is owned wholly or in part by the applicant or a
member of the applicant's household;
(B) the applicant or the household member has the legal
right to sell or liquidate; and
(C) includes:
(i) real property other than property that is used for the
production of income or that is the primary residence of
the household;
(ii) savings and checking accounts, certificates of deposit,
bonds, stocks, and other intangibles that have a net cash
value; and
(iii) boats, other vehicles, or any other personal property
used solely for recreational or entertainment purposes.
Sec. 92. "Countable income", for purposes of IC 12-20, means
a monetary amount either paid to an applicant or a member of an
applicant's household not more than thirty (30) days before the
date of application for township assistance, or accrued and legally
available for withdrawal by an applicant or a member of an
applicant's household at the time of application or not more than
thirty (30) days after the date of application for township
assistance. The term includes the following:
(1) Gross wages before mandatory deductions.
(2) Social Security benefits, including Supplemental Security
Income.
(3) Aid to Families with Dependent Children.
(4) Unemployment compensation.
(5) Worker's compensation (except compensation that is
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restricted for the payment of medical expenses).
(6) Vacation pay.
(7) Sick benefits.
(8) Strike benefits.
(9) Private or public pensions.
(10) Taxable income from self-employment.
(11) Bartered goods and services provided by another
individual for the payment of nonessential needs on behalf of
an applicant or an applicant's household if monetary
compensation or the provision of basic necessities would have
been reasonably available from that individual.
(12) Child support.
(13) Gifts of cash, goods, or services.
(14) Other sources of revenue or services that the township
trustee may reasonably determine to be countable income.
Sec. 93. "Countable resources", for purposes of IC 12-15-41, has
the meaning set forth in IC 12-15-41-2.
Sec. 94. "County director" refers to a director of a county office
of the division of family resources.
Sec. 95. "County home", for purposes of IC 12-20, means a
residential facility owned, staffed, maintained, and operated by a
county government for eligible county residents who are able to
perform activities of daily living with little or no assistance,
including the following activities:
(1) Bathing.
(2) Dressing.
(3) Grooming.
(4) Walking.
(5) Using the toilet.
(6) Eating.
Sec. 96. "County office" refers to a county office of the division
of family resources.
Sec. 97. "Court", for purposes of IC 12-17.2, means a circuit or
superior court.
Sec. 98. "Covered entity", for purposes of IC 12-15-23.5, has the
meaning set forth in IC 12-15-23.5-1.
Sec. 99. "Covered medical services", for purposes of IC 12-16-1,
has the meaning set forth in IC 12-16-1-2.
Sec. 100. "Covered outpatient drug", for purposes of
IC 12-15-35, has the meaning set forth in IC 12-15-35-4.5.
Sec. 101. "Covered population", for purposes of IC 12-15-12.7
and IC 12-15-13-1.8, has the meaning set forth in
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IC 12-15-13-1.8(a).
Sec. 102. "Creditor", for purposes of IC 12-20-25, has the
meaning set forth in IC 12-20-25-3.
Sec. 103. "Crisis receiving and stabilization services", for
purposes of IC 12-21-8, has the meaning set forth in IC 12-21-8-2.
Sec. 104. "Criteria", for purposes of IC 12-15-35, has the
meaning set forth in IC 12-15-35-5.
Sec. 105. "Cross-disability", for purposes of IC 12-12-8, has the
meaning set forth in IC 12-12-8-3.
Sec. 106. "Cross-indicated drug", for purposes of IC 12-15-35.5,
has the meaning set forth in IC 12-15-35.5-2.
Sec. 107. "Crowd out", for purposes of IC 12-17.6, has the
meaning set forth in IC 12-17.6-1-2.
Sec. 108. "Custodial authority of a building", for purposes of
the following statutes, means the person authorized to contract for
the provision of vending services in the building:
(1) IC 12-12-5.
(2) IC 12-12-6.
Sec. 109. (a) Except as provided in subsection (b), "dangerous",
for purposes of IC 12-26, means a condition in which an individual
as a result of mental illness, presents a substantial risk that the
individual will harm the individual or others.
(b) "Dangerous", for purposes of IC 12-26-5, means a condition
in which an individual presents a substantial risk that the
individual will harm the individual or others.
Sec. 110. "Dangerous felony", for purposes of IC 12-17.2, means
one (1) or more of the following felonies:
(1) Murder (IC 35-42-1-1).
(2) Attempted murder (IC 35-41-5-1).
(3) Voluntary manslaughter (IC 35-42-1-3).
(4) Involuntary manslaughter (IC 35-42-1-4).
(5) Reckless homicide (IC 35-42-1-5).
(6) Aggravated battery (IC 35-42-2-1.5).
(7) Kidnapping (IC 35-42-3-2).
(8) Rape (IC 35-42-4-1).
(9) Criminal deviate conduct (IC 35-42-4-2) (before its
repeal).
(10) Child molesting (IC 35-42-4-3).
(11) Sexual misconduct with a minor as a Class A felony (for
a crime committed before July 1, 2014) or a Level 1 felony
(for a crime committed after June 30, 2014) under
IC 35-42-4-9(a)(2) or a Class B felony (for a crime committed
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before July 1, 2014) or a Level 2 felony (for a crime
committed after June 30, 2014) under IC 35-42-4-9(b)(2).
(12) Robbery as a Class A or Class B felony (for a crime
committed before July 1, 2014) or a Level 2 or Level 3 felony
(for a crime committed after June 30, 2014) (IC 35-42-5-1).
(13) Burglary as a Class A or Class B felony (for a crime
committed before July 1, 2014) or a Level 2 or Level 3 felony
(for a crime committed after June 30, 2014) (IC 35-43-2-1).
(14) Battery as a felony (IC 35-42-2-1).
(15) Domestic battery (IC 35-42-2-1.3).
(16) Strangulation (IC 35-42-2-9).
(17) Criminal confinement (IC 35-42-3-3).
(18) Sexual battery (IC 35-42-4-8).
Sec. 111. "Decertify", for purposes of IC 12-17.2-3.5, means to
remove, for any period of less than two (2) years, a provider's
eligibility to receive a voucher payment.
Sec. 112. "Delinquent child", for purposes of the following
statutes, has the meaning set forth in IC 31-37-1 and IC 31-37-2:
(1) IC 12-13.
(2) IC 12-14.
(3) IC 12-15.
(4) IC 12-19.
Sec. 113. "Department", for purposes of IC 12-13-14, has the
meaning set forth in IC 12-13-14-1.
Sec. 114. (a) "Dependent child", for purposes of the statutes
listed in subsection (b), means a needy individual who satisfies
either of the following conditions:
(1) The individual is less than sixteen (16) years of age.
(2) The individual is less than eighteen (18) years of age and
the county office that has jurisdiction of the individual finds
all of the following:
(A) The individual regularly attends school.
(B) The individual has been deprived of parental support
or care because of a parent's:
(i) death;
(ii) continued absence from the home; or
(iii) physical or mental incapacity.
(C) The individual's parent or other relative who is legally
responsible for the child's support is not able to provide
adequately for the individual without public assistance.
(D) The individual is living in the home of at least one (1)
of the following relatives:
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(i) The individual's parent.
(ii) The individual's sibling.
(iii) The individual's grandparent.
(iv) The individual's stepparent.
(v) The individual's stepbrother or stepsister.
(vi) The individual's aunt or uncle.
(b) This section applies to the following statutes:
(1) IC 12-13.
(2) IC 12-14.
(3) IC 12-15.
(4) IC 12-19.
Sec. 115. "Designated beneficiary", for purposes of IC 12-11-14,
has the meaning set forth in IC 12-11-14-5.
Sec. 116. (a) Except as provided in subsection (b), "designee"
means an office director, division director, or other employee of the
office of the secretary with expertise or knowledge concerning the
area for which the individual is being designated.
(b) The definition set forth in subsection (a) does not apply to
the following:
(1) Designations for purposes of administrative proceedings
under IC 4-21.5.
(2) IC 12-11-1.1-10.
(3) IC 12-15-11-2.5.
(4) IC 12-15-13-3.5.
(5) IC 12-15-13-4.
(6) Designations of superintendents under IC 12-21-2-3 or
IC 12-24-2-2.
(7) IC 12-30-2-15.
Sec. 117. (a) "Destitute child", for purposes of the statutes listed
in subsection (b), means an individual:
(1) who is needy;
(2) who is not a public ward;
(3) who is less than eighteen (18) years of age;
(4) who has been deprived of parental support or care because
of a parent's:
(A) death;
(B) continued absence from the home; or
(C) physical or mental incapacity;
(5) whose relatives liable for the individual's support are not
able to provide adequate care or support for the individual
without public assistance; and
(6) who is in need of foster care, under circumstances that do
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not require the individual to be made a public ward.
(b) This section applies to the following statutes:
(1) IC 12-13.
(2) IC 12-14.
(3) IC 12-15.
(4) IC 12-19.
Sec. 118. (a) Except as provided in subsection (b),
"developmental disability" means a severe, chronic disability of an
individual that meets all of the following conditions:
(1) Is attributable to:
(A) intellectual disability, cerebral palsy, epilepsy, or
autism; or
(B) any other condition (other than a sole diagnosis of
mental illness) found to be closely related to intellectual
disability, because this condition results in similar
impairment of general intellectual functioning or adaptive
behavior or requires treatment or services similar to those
required for a person with an intellectual disability.
(2) Is manifested before the individual is twenty-two (22)
years of age.
(3) Is likely to continue indefinitely.
(4) Results in substantial functional limitations in at least
three (3) of the following areas of major life activities:
(A) Self-care.
(B) Understanding and use of language.
(C) Learning.
(D) Mobility.
(E) Self-direction.
(F) Capacity for independent living.
(G) Economic self-sufficiency.
(b) The definition in subsection (a) does not apply and may not
affect services provided to an individual receiving:
(1) home and community based Medicaid waiver; or
(2) ICF/IID;
services through the division on June 30, 2011.
Sec. 119. "Direct support professional", for purposes of
IC 12-11-16, has the meaning set forth in IC 12-11-16-1.
Sec. 120. "Director" refers to the following:
(1) With respect to a particular division, the director of the
division.
(2) With respect to a particular state institution, the director
who has administrative control of and responsibility for the
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state institution.
(3) For purposes of IC 12-10-15, the term refers to the
director of the bureau of better aging.
(4) For purposes of IC 12-25, the term refers to the director
of the division of mental health and addiction.
(5) For purposes of IC 12-26, the term:
(A) refers to the director who has administrative control of
and responsibility for the appropriate state institution; and
(B) includes the director's designee.
(6) If subdivisions (1) through (5) do not apply, the term
refers to the director of any of the divisions.
Sec. 121. "Discharge", for purposes of IC 12-26, means the final
and complete release of an individual with a mental illness from the
care, treatment, training, or detention at a facility to which the
individual was committed or entered voluntarily for mental illness.
Sec. 122. "Dispense", for purposes of IC 12-23-18-8, has the
meaning set forth in IC 12-23-18-8(a).
Sec. 123. "Distressed township", for purposes of IC 12-20-25,
has the meaning set forth in IC 12-20-25-4.
Sec. 127. (a) "Division", except as provided in subsections (b),
(c), and (d), refers to any of the following:
(1) The division of disability, aging, and rehabilitative services
established by IC 12-9-1-1.
(2) The division of family resources established by
IC 12-13-1-1.
(3) The division of mental health and addiction established by
IC 12-21-1-1.
(b) The term refers to the following:
(1) For purposes of the following statutes, the division of
disability, aging, and rehabilitative services established by
IC 12-9-1-1:
(A) IC 12-9.
(B) IC 12-10.
(C) IC 12-11.
(D) IC 12-12.
(E) IC 12-12.7.
(F) IC 12-28-5.
(2) For purposes of the following statutes, the division of
family resources established by IC 12-13-1-1:
(A) IC 12-8-12.
(B) IC 12-13.
(C) IC 12-14.
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(D) IC 12-15.
(E) IC 12-16.
(F) IC 12-17.
(G) IC 12-17.2.
(H) IC 12-18.
(I) IC 12-19.
(J) IC 12-20.
(3) For purposes of the following statutes, the division of
mental health and addiction established by IC 12-21-1-1:
(A) IC 12-21.
(B) IC 12-22.
(C) IC 12-23.
(D) IC 12-25.
(c) With respect to a particular state institution, the term refers
to the division whose director has administrative control of and
responsibility for the state institution.
(d) For purposes of IC 12-24, IC 12-26, and IC 12-27, the term
refers to the division whose director has administrative control of
and responsibility for the appropriate state institution.
Sec. 125. "Domestic violence", for purposes of IC 12-18-8, has
the meaning set forth in IC 34-6-2.1-50.
Sec. 126. "Doula" means an individual who is trained and
certified by a nationally recognized institution in providing
emotional and physical support, but not medical or midwife care,
to pregnant women before, during, and after childbirth.
Sec. 127. "Drug", for purposes of IC 12-23, means a drug or a
controlled substance (as defined in IC 35-48-1.1).
Sec. 128. "Drug abuse", for purposes of IC 12-23, means:
(1) psychological or physical dependence on the effect of drugs
or harmful substances; or
(2) abuse of the use of drugs or harmful substances;
that is harmful to the individual or society.
Sec. 129. "Drug abuser", for purposes of IC 12-23, means an
individual who:
(1) has developed a psychological or physical dependence on
the effects of drugs or harmful substances; or
(2) abuses the use of drugs or harmful substances;
so that the individual or society is harmed.
Sec. 130. "Drug-disease contraindication", for purposes of
IC 12-15-35, has the meaning set forth in IC 12-15-35-6.
Sec. 131. "Drug-drug interaction", for purposes of IC 12-15-35,
has the meaning set forth in IC 12-15-35-7.
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Sec. 132. "Drug utilization review" or "DUR", for purposes of
IC 12-15-35, has the meaning set forth in IC 12-15-35-8.
Sec. 133. "Early intervention services", for purposes of
IC 12-12.7-2, has the meaning set forth in IC 12-12.7-2-3.
Sec. 134. "EBT card", for purposes of IC 12-13-14-15, has the
meaning set forth in IC 12-13-14-15(a).
Sec. 135. "EBT program", for purposes of IC 12-13-14, has the
meaning set forth in IC 12-13-14-1.
Sec. 136. (a) "Eligible individual", for purposes of:
(1) IC 12-10-10, has the meaning set forth in IC 12-10-10-4;
and
(2) IC 12-11-14, has the meaning set forth in IC 12-11-14-6.
(b) "Eligible individual" has the meaning set forth in
IC 12-14-18-1.5 for purposes of the following:
(1) IC 12-10-6.
(2) IC 12-14-2.
(3) IC 12-14-18.
(4) IC 12-14-19.
(5) IC 12-15-2.
(6) IC 12-15-3.
(7) IC 12-16-3.5.
(8) IC 12-20-5.5.
Sec. 137. (a) "Emergency", for purposes of IC 12-20, means an
unpredictable circumstance or a series of unpredictable
circumstances that:
(1) place the health or safety of a household or a member of a
household in jeopardy; and
(2) cannot be remedied in a timely manner by means other
than township assistance.
(b) "Emergency", for purposes of IC 12-17.6, has the meaning
set forth in IC 12-17.6-1-2.6.
Sec. 138. "Emergency medical condition", for purposes of
IC 12-15-12, has the meaning set forth in IC 12-15-12-0.3.
Sec. 138.7. "Emergency medical responder", for purposes of
IC 12-10-21, has the meaning set forth in IC 12-10-21-1.
Sec. 139. "Emergency medical services", for purposes of
IC 12-15-5-18.5, has the meaning set forth in IC 16-18-2-110.
Sec. 140. "Emergency services", for purposes of IC 12-15-12,
has the meaning set forth in IC 12-15-12-0.5.
Sec. 141. (a) "Employed", "employee", "employment", or
"employs", for purposes of IC 12-17.2-3.5, has the meaning set
forth in IC 12-17.2-3.5-1.3.
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(b) "Employee", for purposes of IC 12-23-23, has the meaning
set forth in IC 12-23-23-1.
Sec. 142. "Endangered adult", for purposes of IC 12-8-1.5-18
and IC 12-10-3, has the meaning set forth in IC 12-10-3-2.
Sec. 143. "Endangered adult medical alert" means an alert
indicating that law enforcement officials are searching for a
missing endangered adult.
Sec. 144. "Enforcement action", for purposes of IC 12-17.2,
refers to the following:
(1) Revocation or decertification of eligibility for a voucher
payment under IC 12-17.2-3.5.
(2) Denial, suspension, or revocation of a:
(A) license under IC 12-17.2-4 or IC 12-17.2-5; or
(B) registration under IC 12-17.2-6.
Sec. 145. "Essential person", for purposes of IC 12-14, has the
meaning set forth in IC 12-14-2-0.5.
Sec. 146. "Estate", for purposes of IC 12-15-9, has the meaning
set forth in IC 12-15-9-0.5.
Sec. 146.5. "Ethical standards", for purposes of IC 12-23-25, has
the meaning set forth in IC 12-23-25-1.
Sec. 147. "Executive authority", for purposes of IC 12-28-3, has
the meaning set forth in IC 12-28-3-3.
Sec. 148. (a) "Expenses and obligations", for purposes of the
statutes listed in subsection (b), refer to expenses, obligations,
assistance, and claims:
(1) of a county office;
(2) incurred in the administration of the welfare services of
the county;
(3) incurred as provided by law; and
(4) for:
(A) assistance for aged persons in need;
(B) assistance to dependent children; and
(C) other assistance or services that a county office is
authorized by law to allow.
(b) This section applies to the following statutes:
(1) IC 12-13.
(2) IC 12-14.
(3) IC 12-15.
(4) IC 12-19.
Sec. 149. "Facility" means the following:
(1) For purposes of IC 12-17-12, the meaning set forth in
IC 12-17-12-3.
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(2) For purposes of IC 12-17-13, the meaning set forth in
IC 12-17-13-2.
(3) For purposes of IC 12-26, a hospital, a health and hospital
corporation established under IC 16-22-8, a psychiatric
hospital, a community mental health center, another
institution, a program, a managed care provider, or a child
caring institution:
(A) where an individual with a mental illness can receive
rehabilitative treatment, or habilitation and care, in the
least restrictive environment suitable for the necessary
care, treatment, and protection of the individual and
others; and
(B) that has adequate space and treatment staff
appropriate to the needs of the individual as determined by
the superintendent of the facility.
The term includes all services, programs, and centers of the
facility, wherever located.
(4) For purposes of IC 12-15-32, the meaning set forth in
IC 12-15-32-1.
Sec. 150. "Family or household member", for purposes of
IC 12-18-8, has the meaning set forth in IC 12-18-8-3.
Sec. 151. "Federal act", for purposes of IC 12-12-8, has the
meaning set forth in IC 12-12-8-3.2.
Sec. 152. "Federal department", for purposes of IC 12-26-9, has
the meaning set forth in IC 12-26-9-1.
Sec. 153. "Federal facility", for purposes of IC 12-26-9, has the
meaning set forth in IC 12-26-9-2.
Sec. 154. "Federal income poverty level", for purposes of
IC 12-15-2, has the meaning set forth in IC 12-15-2-1.
Sec. 155. "Federal public benefit", for purposes of IC 12-32-1,
has the meaning set forth in IC 12-32-1-2.
Sec. 156. "Financial institution", for purposes of IC 12-13-14,
has the meaning set forth in IC 12-13-14-1.
Sec. 157. "Fiscal body", for purposes of IC 12-20, has the
meaning set forth in IC 36-1-2-6.
Sec. 158. "Flight" or "fled", for purposes of IC 12-28-3, has the
meaning set forth in IC 12-28-3-1.
Sec. 159. "Food retailer", for purposes of IC 12-13-14, has the
meaning set forth in IC 12-13-14-1(f).
Sec. 160. "Forcible felony", for purposes of IC 12-23, has the
meaning set forth in IC 35-31.5-2-138.
Sec. 161. (a) "Foster care", for purposes of the statutes listed in
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subsection (b), means living in a place licensed under IC 31-27.
(b) This section applies to the following statutes:
(1) IC 12-13.
(2) IC 12-14.
(3) IC 12-15.
(4) IC 12-19.
Sec. 162. "Functional eligibility assessment", for purposes of
IC 12-10-11.5-4.5, has the meaning set forth in
IC 12-10-11.5-4.5(a).
Sec. 163. "Functional eligibility determination", for purposes of
IC 12-10-11.5-4.5, has the meaning set forth in
IC 12-10-11.5-4.5(b).
Sec. 164. "Fund" means the following:
(1) For purposes of IC 12-12-1-9, the fund described in
IC 12-12-1-9.
(2) For purposes of IC 12-15-20, the meaning set forth in
IC 12-15-20-1.
(3) For purposes of IC 12-17-12, the meaning set forth in
IC 12-17-12-4.
(4) For purposes of IC 12-17.2-7.2, the meaning set forth in
IC 12-17.2-7.2-4.7.
(5) For purposes of IC 12-17.6, the meaning set forth in
IC 12-17.6-1-3.
(6) For purposes of IC 12-21-9, the meaning set forth in
IC 12-21-9-1.
(7) For purposes of IC 12-23-2, the meaning set forth in
IC 12-23-2-1.
(8) For purposes of IC 12-23-18, the meaning set forth in
IC 12-23-18-4.
(9) For purposes of IC 12-24-6, the meaning set forth in
IC 12-24-6-1.
(10) For purposes of IC 12-24-14, the meaning set forth in
IC 12-24-14-1.
(11) For purposes of IC 12-30-7, the meaning set forth in
IC 12-30-7-3.
Sec. 165. "Gatekeeper", for purposes of IC 12-24, IC 12-25, and
IC 12-26, means an entity identified in IC 12-24-12-10 that is
actively involved in the evaluation and planning of and treatment
for a committed individual beginning after the commitment
through the planning of the individual's transition back into the
community, including case management services for the individual
in the community.
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Sec. 166. "Governmental entity", for purposes of IC 12-10-3,
has the meaning set forth in IC 12-10-3-3.
Sec. 167. "Governor", for purposes of IC 12-28-3, has the
meaning set forth in IC 12-28-3-3.
Sec. 168. "Grantee agency", for purposes of IC 12-8-10, has the
meaning set forth in IC 12-8-10-2.
Sec. 169. (a) "Grant-in-aid", for purposes of the statutes listed
in subsection (b), means any money paid by the federal government
to the state or any money paid by the state to a county for the
purpose of defraying any of the expenses, claims, allowances,
assistance, or obligations authorized by this title.
(b) This section applies to the following statutes:
(1) IC 12-13.
(2) IC 12-14.
(3) IC 12-15.
(4) IC 12-19.
Sec. 170. "Gravely disabled", for purposes of IC 12-26, means
a condition in which an individual, as a result of mental illness, is
in danger of coming to harm because the individual:
(1) is unable to provide for that individual's food, clothing,
shelter, or other essential human needs;
(2) has a substantial impairment or an obvious deterioration
of that individual's judgment, reasoning, or behavior that
results in the individual's inability to function independently;
or
(3) lacks a fixed, regular, and adequate shelter, resulting in
the individual remaining outdoors in places not designed for
or ordinarily used for sleeping during weather conditions that
are likely to result in death or serious physical injury, if:
(A) the individual has refused transportation to a shelter
or mental health service provider; and
(B) a shelter or mental health service provider was
reasonably offered and available.
Sec. 171. "Group", for purposes of IC 12-8-10, has the meaning
set forth in IC 12-8-10-3.
Sec. 172. "Group size", for purposes of IC 12-17.2-3.5, means
the number of children who routinely work, learn, eat, sleep, and
play together inside and outside a facility where a provider
operates a child care program.
Sec. 173. "Guidelines", for purposes of IC 12-23-23, has the
meaning set forth in IC 12-23-23-2.
Sec. 174. "Harmful substance", for purposes of IC 12-23, means
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any substance used by an individual to produce the effect of a
controlled substance, although the substance is not classified as a
controlled substance under IC 35-48.
Sec. 175. "Health facility", for purposes of IC 12-10-5.5, has the
meaning set forth in IC 12-10-5.5-2.
Sec. 176. "Health maintenance organization", for purposes of
IC 12-15-39.6, has the meaning set forth in IC 27-13-1-19.
Sec. 177. "Health related services":
(1) for purposes of IC 12-10-15, has the meaning set forth in
IC 12-10-15-2; and
(2) for purposes of IC 12-10-17.1, has the meaning set forth in
IC 12-10-17.1-5.
Sec. 178. "Holocaust victim's settlement payment" has the
meaning set forth in IC 12-14-18-1.7 for purposes of the following:
(1) IC 12-10-6.
(2) IC 12-14-2.
(3) IC 12-14-18.
(4) IC 12-14-19.
(5) IC 12-15-2.
(6) IC 12-15-3.
(7) IC 12-16-3.5.
(8) IC 12-20-5.5.
Sec. 179. "Home and community based services waiver", for
purposes of IC 12-8-1.6, has the meaning set forth in IC 12-8-1.6-2.
Sec. 180. "Home health agency", for purposes of IC 12-15-34,
has the meaning set forth in IC 12-15-34-1.
Sec. 181. "Home health services", for purposes of IC 12-15-34,
has the meaning set forth in IC 12-15-34-2.
Sec. 182. "Hospice", for purposes of IC 12-15-40, has the
meaning set forth in IC 12-15-40-2.
Sec. 183. "Hospice program", for purposes of IC 12-15-40, has
the meaning set forth in IC 12-15-40-3.
Sec. 184. "Hospice program patient", for purposes of
IC 12-15-40, has the meaning set forth in IC 12-15-40-4.
Sec. 185. "Hospice services", for purposes of IC 12-15-5 and
IC 12-15-40, has the meaning set forth in IC 12-15-40-5.
Sec. 186. "Hospital" means the following:
(1) For purposes of IC 12-15-11.5, the meaning set forth in
IC 12-15-11.5-1.
(2) For purposes of IC 12-15-18, the meaning set forth in
IC 12-15-18-2.
(3) For purposes of IC 12-16, except IC 12-16-1, the term
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refers to a hospital licensed under IC 16-21.
Sec. 187. "Household", for purposes of IC 12-20, means any of
the following:
(1) An individual living alone.
(2) A family related by blood.
(3) A group of individuals living together at one (1) residence
as a domestic unit with mutual economic dependency.
Sec. 188. "Housing with services establishment", for purposes
of IC 12-10-5.5, IC 12-10-11.5, and IC 12-10-15, has the meaning
set forth in IC 12-10-15-3.
Sec. 189. (a) "Immediate family", for purposes of the statutes
listed in subsection (b), means the following:
(1) If a Medicaid applicant is married, the applicant's spouse
and dependent children less than twenty-one (21) years of age.
(2) If a Medicaid applicant is not married, the following:
(A) If the applicant is divorced, the parent having custody.
(B) If the applicant is less than twenty-one (21) years of
age:
(i) the parent having custody; and
(ii) the dependent children less than twenty-one (21)
years of age of the parent or parents.
(C) If clauses (A) and (B) do not apply, the applicant's
parents.
(b) This section applies to the following statutes:
(1) IC 12-14-1 through IC 12-14-8.
(2) IC 12-15, except IC 12-15-32, IC 12-15-33, and
IC 12-15-34.
Sec. 190. "Incapacitated", for purposes of IC 12-23, means
having been judged incapacitated under IC 29-3 by a court.
Sec. 191. "Incapacitated by alcohol", for purposes of IC 12-23,
means that an individual, as the result of the use of alcohol, has the
individual's judgment impaired and is incapable of realizing and
making a rational decision with respect to the individual's need for
treatment.
Sec. 192. "Incapacitated individual", for purposes of IC 12-10-7,
has the meaning set forth in IC 12-10-7-1.
Sec. 193. "Indebtedness", for purposes of IC 12-20-25, has the
meaning set forth in IC 12-20-25-5.
Sec. 194. "Indigent adult", for purposes of IC 12-10-7, has the
meaning set forth in IC 12-10-7-2.
Sec. 195. (a) "Individual in need of self-directed in-home care",
for purposes of IC 12-8-1.7, has the meaning set forth in
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IC 12-8-1.7-2.
(b) "Individual in need of self-directed in-home care", for
purposes of IC 12-10-17.1, has the meaning set forth in
IC 12-10-17.1-6.
Sec. 196. (a) "Individual with a disability", for purposes of
IC 12-12-8, has the meaning set forth in IC 12-12-8-3.4.
(b) "Individual with a disability", for purposes of IC 12-10-10,
has the meaning set forth in IC 12-10-10-3.
Sec. 197. "Individual with a mental illness", for purposes of
IC 12-21-2 and IC 12-24-17, means an individual who:
(1) has a psychiatric disorder that substantially impairs the
individual's mental health; and
(2) requires care, treatment, training, or detention:
(A) because of the psychiatric disorder; or
(B) for the welfare of the individual or others of the
community in which the individual resides.
Sec. 198. "Individual with a significant disability", for purposes
of IC 12-12-8, has the meaning set forth in IC 12-12-8-3.6.
Sec. 199. "Infants and toddlers with disabilities", for purposes
of IC 12-12.7-2, has the meaning set forth in IC 12-12.7-2-4.
Sec. 200. "Institution", for purposes of IC 12-10-11.5, has the
meaning set forth in IC 12-10-11.5-1.
Sec. 201. "Institutional provider", for purposes of
IC 12-15-13-4, has the meaning set forth in IC 12-15-13-4(a).
Sec. 202. (a) "Insurer", for purposes of the statutes listed in
subsection (b), means an insurance company, a health maintenance
organization (as defined in IC 27-13-1-19), a self-funded employee
benefit plan, a pension fund, a retirement system, or a similar
entity that:
(1) does business in Indiana; and
(2) is under an obligation to make payments for medical
services as a result of injury, illness, or disease suffered by an
individual.
(b) This section applies to the following statutes:
(1) IC 12-14-1 through IC 12-14-8.
(2) IC 12-15, except IC 12-15-32, IC 12-15-33, and
IC 12-15-34.
Sec. 202.5. "Integrated reentry and correctional support" refers
to mental health and substance use services and support, including
certified peer support recovery resources and treatment, provided
to individuals during incarceration and reentry.
Sec. 203. "Interim period", for purposes of IC 12-20-27, has the
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meaning set forth in IC 12-20-27-1.5.
Sec. 204. "Intervention", for purposes of IC 12-15-35, has the
meaning set forth in IC 12-15-35-9.
Sec. 205. "Intoxicated", for purposes of IC 12-23, means the
state of an individual in which the individual's mental or physical
functioning is substantially impaired as a result of the use of
alcohol, drugs, or harmful substances.
Sec. 206. "Knew" or "know", for purposes of IC 12-15-23,
means that a person, regarding information:
(1) has actual knowledge of information;
(2) acts in deliberate ignorance of the truth or falsity of the
information; or
(3) acts in reckless disregard of the truth or falsity of the
information.
Sec. 207. "Legal assistance developer", for purposes of
IC 12-10-13, has the meaning set forth in IC 12-10-13-3.2.
Sec. 208. "Legal representative", for purposes of IC 12-10-13,
has the meaning set forth in IC 12-10-13-3.3.
Sec. 209. "Level of services", for purposes of IC 12-8-1.6, has
the meaning set forth in IC 12-8-1.6-3.
Sec. 210. "Licensed health professional", for purposes of
IC 12-10-17.1, has the meaning set forth in IC 12-10-17.1-7.
Sec. 211. "Licensee", for purposes of IC 12-17.2, means a person
who holds a valid license issued under IC 12-17.2.
Sec. 212. "Life threatening emergency", for purposes of
IC 12-10-3, has the meaning set forth in IC 12-10-3-4.
Sec. 213. "Local domestic violence fatality review team", for
purposes of IC 12-18-8, has the meaning set forth in IC 12-18-8-5.
Sec. 214. "Long term care", for purposes of IC 12-15-39.6, has
the meaning set forth in IC 12-15-39.6-1.
Sec. 215. (a) "Long term care facility", for purposes of
IC 12-15-39.6, has the meaning set forth in IC 12-15-39.6-2.
(b) "Long term care facility", for purposes of IC 12-10-13, has
the meaning set forth in IC 12-10-13-3.6.
Sec. 216. "Long term care insurance", for purposes of
IC 12-15-39.6, has the meaning set forth in IC 12-15-39.6-3.
Sec. 217. "Low income utilization rate", for purposes of
IC 12-15-16-6, has the meaning set forth in IC 12-15-16-6(a).
Sec. 218. (a) Except as provided in subsection (b), "managed
care organization" means a person that has a comprehensive risk
contract with the office of Medicaid policy and planning under
IC 12-15.
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(b) "Managed care organization", for purposes of IC 12-15-12.7
and IC 12-15-13-1.8, means a person that contracts with the office
of Medicaid policy and planning to provide services under a risk
based managed care program for the covered population (as
defined in section 101 of this chapter).
Sec. 219. "Managed care provider", for purposes of IC 12-14-1
through IC 12-14-8 and IC 12-15 (except IC 12-15-21, IC 12-15-33,
and IC 12-15-34), means either of the following:
(1) A physician licensed under IC 25-22.5 who:
(A) is primarily engaged in general practice, family
practice, internal medicine, pediatric medicine, or
obstetrics and gynecology; and
(B) has entered into a provider agreement for the provision
of physician services under IC 12-15-11-4.
(2) A partnership, corporation, or other entity that:
(A) employs or contracts with physicians licensed under
IC 25-22.5 who are primarily engaged in general practice,
family practice, internal medicine, pediatric medicine, or
obstetrics and gynecology; and
(B) has entered into a provider agreement for the provision
of physician services under IC 12-15-11-4.
Sec. 220. "Medicaid inpatient utilization rate", for purposes of
IC 12-15-16 and IC 12-15-17-1, has the meaning set forth in
IC 12-15-16-2(a).
Sec. 221. "Medicaid program" refers to the program established
under IC 12-15.
Sec. 222. "Medical institution", for purposes of IC 12-15-8.5,
has the meaning set forth in IC 12-15-8.5-1.
Sec. 223. "Medication assisted treatment" means evidence based
addiction treatment that, to the extent needed by the patient,
includes the following:
(1) A treatment plan that encompasses comprehensive
therapy with detoxification, psychosocial support, and
counseling.
(2) Access to federal Food and Drug Administration approved
medications and devices that are used for the prevention of
relapse and treatment of the following:
(A) Opioid dependence and with the treatment goal of
opioid abstinence or the use of the lowest appropriate dose.
(B) Alcohol dependence.
Sec. 224. "Member", for purposes of IC 12-8-2.5, has the
meaning set forth in IC 12-8-2.5-2.
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Sec. 225. "Member of the applicant's household", for purposes
of IC 12-20-6-0.5, has the meaning set forth in IC 12-20-6-0.5.
Sec. 226. "Mental illness" or "mentally ill" means the following:
(1) For purposes of IC 12-23-5, IC 12-24, and IC 12-26, a
psychiatric disorder that:
(A) substantially disturbs an individual's thinking, feeling,
or behavior; and
(B) impairs the individual's ability to function.
The term includes intellectual disability, alcoholism, and
addiction to narcotics or dangerous drugs, and, for purposes
of IC 12-26-5, the term includes temporary impairment as a
result of alcohol or drug use.
(2) For purposes of IC 12-28-4 and IC 12-28-5, a psychiatric
disorder that:
(A) substantially disturbs an individual's thinking, feeling,
or behavior; and
(B) impairs the individual's ability to function.
The term does not include developmental disability.
Sec. 227. "Missing endangered adult", for purposes of
IC 12-10-18, means an individual at least eighteen (18) years of age
who is reported missing to a law enforcement agency and is, or is
believed to be:
(1) a temporary or permanent resident of Indiana;
(2) at a location that cannot be determined by an individual
familiar with the missing individual; and
(3) incapable of returning to the missing individual's
residence without assistance by reason of:
(A) mental illness;
(B) intellectual disability;
(C) dementia; or
(D) another physical or mental incapacity of managing or
directing the management of the individual's property or
providing or directing the provision of self-care.
Sec. 228. "Mobile crisis team", for purposes of IC 12-21-8 and
IC 12-29-5, has the meaning set forth in IC 12-21-8-3.
Sec. 229. "Mobile integrated healthcare", for purposes of
IC 12-29-5, has the meaning set forth in IC 16-31-12-1.
Sec. 230. "Monitor", for purposes of IC 12-17.2, means
observation to determine the licensee's continuing compliance with
IC 12-17.2.
Sec. 231. "National criminal history background check", for
purposes of IC 12-17.2, has the meaning set forth in IC 10-13-3-12.
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Sec. 232. "Nonemergency medical transportation", for purposes
of IC 12-15-30.5, has the meaning set forth in IC 12-15-30.5-3.
Sec. 233. "Noninstitutional provider", for purposes of
IC 12-15-13-3.5, has the meaning set forth in IC 12-15-13-3.5(a).
Sec. 234. "Nursing facility" has the meaning set forth in 42
U.S.C. 1396r(a).
Sec. 235. "Office" means the following:
(1) Except as provided in subdivisions (2) through (5), the
office of the secretary established by IC 12-8-1.5-1.
(2) For purposes of IC 12-10-13, the meaning set forth in
IC 12-10-13-4.
(3) For purposes of IC 12-15-13, the meaning set forth in
IC 12-15-13-0.4.
(4) For purposes of IC 12-17.2-7.2, the meaning set forth in
IC 12-17.2-7.2-3.
(5) For purposes of IC 12-17.6, the meaning set forth in
IC 12-17.6-1-4.
Sec. 235. "Office" means the following:
(1) Except as provided in subdivisions (2) through (7), the
office of Medicaid policy and planning established by
IC 12-8-6.5-1.
(2) For purposes of IC 12-10-13, the meaning set forth in
IC 12-10-13-4.
(3) For purposes of IC 12-15-5-14, the meaning set forth in
IC 12-15-5-14(b).
(4) For purposes of IC 12-15-5-15, the meaning set forth in
IC 12-15-5-15(b).
(5) For purposes of IC 12-15-5-16, the meaning set forth in
IC 12-15-5-16(b).
(6) For purposes of IC 12-15-13, the meaning set forth in
IC 12-15-13-0.4.
(7) For purposes of IC 12-15-13.5, the meaning set forth in
IC 12-15-13.5-1.
(8) For purposes of IC 12-17.6, the meaning set forth in
IC 12-17.6-1-4.
Sec. 236. "Office of the secretary" refers to the office of the
secretary of family and social services established by IC 12-8-1.5-1,
its offices, or divisions.
Sec. 237. (a) "Ombudsman", for purposes of IC 12-10-13, has
the meaning set forth in IC 12-10-13-4.5.
(b) "Ombudsman", for purposes of IC 12-11-13, has the
meaning set forth in IC 12-11-13-2.
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Sec. 238. "Operator", for purposes of IC 12-10-15, has the
meaning set forth in IC 12-10-15-4.
Sec. 239. "Opioid treatment program" means a program
through which opioid agonist medication is dispensed to an
individual in the treatment of opiate addiction and for which
certification is required under 42 CFR Part 8.
Sec. 240. "Out-of-school-time program", for purposes of
IC 12-17.2, means child care provided to a child who is at least five
(5) years of age but less than fifteen (15) years of age:
(1) before school is in session or after the school day;
(2) during the summer; or
(3) any other time when school is not in session.
Sec. 241. "Overutilization or underutilization", for purposes of
IC 12-15-35, has the meaning set forth in IC 12-15-35-10.
Sec. 241.5. "Owner", for purposes of IC 12-23-25, has the
meaning set forth in IC 12-23-25-2.
Sec. 242. "Paths to QUALITY program", for purposes of
IC 12-17.2-2-14.2, refers to the program established by
IC 12-17.2-2-14.2(b).
Sec. 243. "Patient" means the following:
(1) For purposes of IC 12-24-1-4, an individual who is
admitted to a state institution for observation, diagnosis, or
treatment.
(2) For purposes of IC 12-24-7, the meaning set forth in
IC 12-24-7-1.
(3) For purposes of IC 12-24-6, IC 12-24-13, IC 12-24-14, and
IC 12-24-15, an individual with a mental illness, an individual
who appears to have a mental illness, or an individual with an
intellectual disability who is:
(A) in or under the supervision and control of a state
institution; or
(B) because of mental illness, under the supervision and
control of a circuit, superior, or juvenile court.
(4) For purposes of IC 12-24-17, the meaning set forth in
IC 12-24-17-2.
(5) For purposes of IC 12-27, an individual receiving mental
health services or developmental training. The term includes
a client of a service provider.
Sec. 244. "Patient Protection and Affordable Care Act" refers
to the federal Patient Protection and Affordable Care Act (P.L.
111-148), as amended by the federal Health Care and Education
Reconciliation Act of 2010 (P.L. 111-152), as amended from time
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to time, and regulations or guidance issued under those acts.
Sec. 245. "Peer", for purposes of IC 12-21-8, has the meaning
set forth in IC 12-21-8-5.
Sec. 246. (a) "Person", except as provided in subsections (b)
through (d), means an association, a corporation, a limited liability
company, a governmental entity, an individual, or a partnership.
(b) "Person", for purposes of IC 12-13-14, has the meaning set
forth in IC 12-13-14-1.
(c) "Person", for purposes of IC 12-17.2, means an individual
who is at least twenty-one (21) years of age, a corporation, a
partnership, a voluntary association, or other entity.
(d) "Person", for purposes of IC 12-15-2-20, means an
individual who is:
(1) at least twenty-one (21) years of age; and
(2) applying for or receiving Medicaid assistance.
Sec. 247. "Person with a disability" means, for purposes of the
following statutes, an individual who has a physical or mental
disability and meets the program eligibility requirements of the
division of disability, aging, and rehabilitative services:
(1) IC 12-8-1.5-10.
(2) IC 12-12-1.
(3) IC 12-12-6.
Sec. 248. "Personal services attendant", for purposes of
IC 12-10-17.1, has the meaning set forth in IC 12-10-17.1-8.
Sec. 249. "Pharmacist", for purposes of IC 12-15-35, has the
meaning set forth in IC 12-15-35-11.
Sec. 250. "Physician" means the following:
(1) For purposes of IC 12-10-17.1 and IC 12-15-35, an
individual who is licensed to practice medicine in Indiana
under IC 25-22.5.
(2) For purposes of IC 12-26, either of the following:
(A) An individual who holds a license to practice medicine
under IC 25-22.5.
(B) A medical officer of the United States government who
is in Indiana performing the officer's official duties.
Sec. 251. "Physician services" means the following:
(1) For purposes of IC 12-15-11, the meaning set forth in
IC 12-15-11-1.
(2) For purposes of IC 12-15-12, services provided by an
individual licensed under IC 25-22.5 while engaged in the
practice of medicine (as defined in IC 25-22.5-1-1.1(a)).
Sec. 252. "Plan", for purposes of IC 12-15-44.2 and
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IC 12-15-44.5, has the meaning set forth in IC 12-15-44.5-2.
Sec. 253. "Planning authority", for purposes of IC 12-28-4, has
the meaning set forth in IC 12-28-4-2.
Sec. 254. "Point of sale terminal", for purposes of IC 12-13-14,
has the meaning set forth in IC 12-13-14-1.
Sec. 255. "Political subdivision", for purposes of the following
statutes, has the meaning set forth in IC 36-1-2-13:
(1) IC 12-8.
(2) IC 12-13-4.
(3) IC 12-32-1.
Sec. 256. "Post-stabilization care services", for purposes of
IC 12-15-12, has the meaning set forth in IC 12-15-12-0.7.
Sec. 257. "Potential eligible provider or existing eligible
provider", for purposes of IC 12-17.2-7.2, has the meaning set
forth in IC 12-17.2-7.2-5.5.
Sec. 258. "Preschool", for purposes of IC 12-17.2, means a
program that provides an educational experience through an age
appropriate written curriculum for children at least thirty (30)
months of age who are not eligible to enter kindergarten and that:
(1) conducts sessions for not more than four (4) hours a day;
(2) enrolls children for only one (1) session a day;
(3) does not serve meals on the premises;
(4) maintains a child to staff ratio of not more than fifteen (15)
children to one (1) staff member;
(5) supervises children at all times with a person who is at
least eighteen (18) years of age; and
(6) does not operate for more than ten (10) consecutive days.
Sec. 259. "Preschool child care program", for purposes of
IC 12-17-13, has the meaning set forth in IC 12-17-13-3.
Sec. 260. "Preventative care services", for purposes of
IC 12-15-44.5, has the meaning set forth in IC 12-15-44.5-2.3.
Sec. 261. "Primary business", for purposes of IC 12-13-14, has
the meaning set forth in IC 12-13-14-1.
Sec. 262. "Private psychiatric institution", for purposes of
IC 12-15-18, has the meaning set forth in IC 12-15-18-3.
Sec. 263. "Program" refers to the following:
(1) For purposes of IC 12-10-5.7, the meaning set forth in
IC 12-10-5.7-2.
(2) For purposes of IC 12-10-7, the adult guardianship
services program established by IC 12-10-7-5.
(3) For purposes of IC 12-10-10, the meaning set forth in
IC 12-10-10-5.
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(4) For purposes of IC 12-10-21, the meaning set forth in
IC 12-10-21-3.
(5) For purposes of IC 12-15-12.7, the meaning set forth in
IC 12-15-12.7-1.
(6) For purposes of IC 12-17.2-2-14.2, the meaning set forth in
IC 12-17.2-2-14.2(a).
(7) For purposes of IC 12-17.6, the meaning set forth in
IC 12-17.6-1-5.
Sec. 263.4. "Program participant", for purposes of IC 12-10-21,
has the meaning set forth in IC 12-10-21-4.
Sec. 264. "Property", for purposes of IC 12-12-1, has the
meaning set forth in IC 35-31.5-2-253.
Sec. 265. "Prospective DUR", for purposes of IC 12-15-35, has
the meaning set forth in IC 12-15-35-13.
Sec. 266. "Protective services", for purposes of IC 12-10-3, has
the meaning set forth in IC 12-10-3-5.
Sec. 267. "Provider" means the following:
(1) For purposes of IC 12-10-7, the meaning set forth in
IC 12-10-7-3.
(2) For purposes of the following statutes, an individual, a
partnership, a corporation, or a governmental entity that is
enrolled in the Medicaid program under rules adopted under
IC 4-22-2 by the office of Medicaid policy and planning:
(A) IC 12-14-1 through IC 12-14-8.
(B) IC 12-15, except IC 12-15-32, IC 12-15-33, and
IC 12-15-34.
(C) IC 12-17.6.
(3) Except as provided in subdivisions (4) and (6), for
purposes of IC 12-17.2, a person who operates a child care
center or child care home under IC 12-17.2.
(4) For purposes of IC 12-17.2-3.5, a person that:
(A) provides child care; and
(B) is directly paid for the provision of the child care under
the federal Child Care and Development Fund voucher
program administered under 45 CFR 98 and 45 CFR 99.
The term does not include an individual who provides services
to a person described in clauses (A) and (B), regardless of
whether the individual receives compensation.
(5) For purposes of IC 12-21-1 through IC 12-29-2, an
organization:
(A) that:
(i) provides mental health services, as defined under 42
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U.S.C. 300x-2(c);
(ii) provides addiction services; or
(iii) provides children's mental health services;
(B) that has entered into a provider agreement with the
division of mental health and addiction under IC 12-21-2-7
to provide services in the least restrictive, most
appropriate setting; and
(C) that is operated by one (1) of the following:
(i) A city, town, county, or other political subdivision of
the state.
(ii) An agency of the state or of the United States.
(iii) A political subdivision of another state.
(iv) A hospital owned or operated by a unit of
government or a building authority that is organized for
the purpose of constructing facilities to be leased to units
of government.
(v) A corporation incorporated under IC 23-7-1.1 (before
its repeal August 1, 1991) or IC 23-17.
(vi) An organization that is exempt from federal income
taxation under Section 501(c)(3) of the Internal Revenue
Code.
(vii) A university or college.
(6) For purposes of IC 12-17.2-2-10, the following:
(A) A person described in subdivision (4).
(B) A child care center licensed under IC 12-17.2-4.
(C) A child care home licensed under IC 12-17.2-5.
(7) For purposes of IC 12-11-13, an authorized provider entity
that delivers services administered by the bureau of
disabilities services.
Sec. 268. "Psilocybin", for purposes of IC 12-21-9, has the
meaning set forth in IC 12-21-9-2.
Sec. 269. "Psychiatric disorder", for purposes of section 226(2)
of this chapter, means a mental disorder or disease. The term does
not include the following:
(1) An intellectual disability.
(2) A developmental disability.
(3) Alcoholism.
(4) Addiction to narcotic or dangerous drugs.
Sec. 270. "Psychiatric hospital", for purposes of section 149 of
this chapter, means any of the following:
(1) A state institution.
(2) A general hospital:
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(A) licensed by the Indiana department of health; and
(B) that maintains and operates facilities for the
observation, care, treatment, and detention of individuals
who have a mental illness.
(3) A private psychiatric hospital licensed by the division of
mental health and addiction.
Sec. 271. (a) "Public welfare", for purposes of the statutes listed
in subsection (b), means any form of public welfare or Social
Security provided for in the statutes listed in subsection (b). The
term does not include direct township assistance as administered
by township trustees under IC 12-20.
(b) This section applies to the following statutes:
(1) IC 12-13.
(2) IC 12-14.
(3) IC 12-15.
(4) IC 12-19.
Sec. 272. "Qualified ABLE program", for purposes of
IC 12-11-14, has the meaning set forth in IC 12-11-14-7.
Sec. 273. "Qualified disability expense", for purposes of
IC 12-11-14, has the meaning set forth in IC 12-11-14-8.
Sec. 274. "Qualified entity", for purposes of IC 12-15-2.3, has
the meaning set forth in IC 12-15-2.3-2.
Sec. 275. "Qualified long term care policy", for purposes of
IC 12-15-39.6, has the meaning set forth in IC 12-15-39.6-5.
Sec. 276. "Qualified Medicare beneficiary", for purposes of
IC 12-15-2-26, has the meaning set forth in IC 12-15-2-26(b).
Sec. 277. "Qualified provider" means the following:
(1) For purposes of IC 12-15-1-16:
(A) a school based nurse; or
(B) another provider who:
(i) is licensed and in good standing with the Indiana
professional licensing agency; and
(ii) is employed by or contracts with a school corporation
that participates in Medicaid.
(2) For purposes of IC 12-15-4, a provider who:
(A) is enrolled in the Indiana Medicaid program; and
(B) maintains a valid agreement, as prescribed by the
office, to make determinations concerning presumptive
eligibility.
Sec. 278. "Qualifying individual", for purposes of IC 12-15-2-26,
has the meaning set forth in IC 12-15-2-26(c).
Sec. 279. "Reason to believe", for purposes of IC 12-10-3, has
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the meaning set forth in IC 12-10-3-6.
Sec. 280. "Reasonable means of communication", for purposes
of IC 12-27-3, has the meaning set forth in IC 12-27-3-1.
Sec. 281. "Recipient" means the following:
(1) For purposes of the following statutes, a person who has
received or is receiving assistance for the person or another
person under any of the following statutes:
(A) IC 12-10-6.
(B) IC 12-13.
(C) IC 12-14.
(D) IC 12-15.
(E) IC 12-19.
(2) For purposes of IC 12-20-10 and IC 12-20-11:
(A) a single individual receiving township assistance; or
(B) if township assistance is received by a household with
at least two (2) individuals, the member of the household
most suited to perform available work.
Sec. 282. "Recovery residence" means an abstinence based
living environment for individuals that promotes recovery from:
(1) alcohol; and
(2) other drug;
abuse and related issues. An abstinence based living environment,
for purposes of opioid addiction, may include individuals who are
in a treatment that includes medication assisted treatment with a
goal of opioid abstinence or the minimum clinically necessary
medication dose.
Sec. 158.3. "Recovery residence services", for purposes of
IC 12-23-25, has the meaning set forth in IC 12-23-25-3.
Sec. 283. "Reentry court program", for purposes of
IC 12-14-29, has the meaning set forth in IC 12-14-29-1.
Sec. 284. "Region", for purposes of IC 12-10-7, has the meaning
set forth in IC 12-10-7-4.
Sec. 285. (a) "Rehabilitation", for purposes of the statutes listed
in subsection (b), means a process of providing services to meet the
current and future needs of persons with disabilities so that the
individuals may prepare for and engage in gainful employment to
the extent of their capabilities, as provided in 29 U.S.C. 720.
(b) This section applies to the following statutes:
(1) IC 12-8-1.5-10.
(2) IC 12-12-1.
(3) IC 12-12-3.
(4) IC 12-12-6.
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Sec. 286. "Rehabilitation center", for purposes of IC 12-12-3,
refers to the rehabilitation center established under IC 12-12-3-1.
Sec. 287. "Rehabilitation technology", for purposes of
IC 12-12-6, has the meaning set forth in IC 12-12-6-1.
Sec. 288. "Related", for purposes of IC 12-17.2, means any of
the following relationships to an individual who is less than
eighteen (18) years of age by marriage, blood, or adoption:
(1) Parent.
(2) Grandparent.
(3) Brother.
(4) Sister.
(5) Stepparent.
(6) Stepgrandparent.
(7) Stepbrother.
(8) Stepsister.
(9) First cousin.
(10) Uncle.
(11) Aunt.
Sec. 289. "Request for proposals", for purposes of IC 12-8-12,
has the meaning set forth in IC 12-8-12-3.
Sec. 290. "Research institution", for purposes of IC 12-21-9, has
the meaning set forth in IC 12-21-9-3.
Sec. 291. "Resident" has the following meaning:
(1) For purposes of IC 12-10-15, the meaning set forth in
IC 12-10-15-5.
(2) For purposes of IC 12-16, except IC 12-16-1, an individual
who has actually resided in Indiana for at least ninety (90)
days.
(3) For purposes of IC 12-20-8, the meaning set forth in
IC 12-20-8-1.
(4) For purposes of IC 12-24-5, the meaning set forth in
IC 12-24-5-1.
Sec. 292. "Residential facility", for purposes of IC 12-28-4 and
IC 12-28-5, refers to a residential facility for individuals with a
developmental disability.
Sec. 293. "Residential facility for individuals with a
developmental disability", for purposes of IC 12-28-4 and
IC 12-28-5, means a facility that provides residential services for
individuals with a developmental disability in a program described
in IC 12-11-1.1-1(e)(1) or IC 12-11-1.1-1(e)(2).
Sec. 294. (a) "Responsible party", for purposes of IC 12-24-6,
IC 12-24-13, IC 12-24-14, and IC 12-24-15, means any of the
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following:
(1) The patient.
(2) The parents of the patient if the patient is not more than
eighteen (18) years of age.
(3) The spouse of the patient.
(4) The estate of the patient.
(5) A legal guardian of the patient in the guardian's
representative capacity.
(6) A trustee of the patient if the trust authorizes payment for
the care, treatment, maintenance, or support of the patient.
(b) The term does not include the children of the patient.
Sec. 295. "Retailer", for purposes of IC 12-13-14, has the
meaning set forth in IC 12-13-14-1.
Sec. 296. "Retrospective DUR", for purposes of IC 12-15-35, has
the meaning set forth in IC 12-15-35-14.
Sec. 297. "Safe sleeping practices", for purposes of IC 12-17.2,
means standards for infants concerning safe sleeping and sudden
unexpected infant death risk reduction that have been approved by
the division of family resources.
Sec. 298. "School", for purposes of IC 12-14-2-23, has the
meaning set forth in IC 12-14-2-23(b).
Sec. 299. "School age child care program", for purposes of
IC 12-17-12, has the meaning set forth in IC 12-17-12-5.
Sec. 300. "School based nurse", for purposes of section 277 of
this chapter, means a registered nurse or licensed practical nurse
licensed under IC 25-23-1 who is employed by or contracts with a
school corporation that participates in Medicaid to provide school
based Medicaid covered services for a Medicaid recipient.
Sec. 301. "School corporation", for purposes of IC 12-17-12, has
the meaning set forth in IC 12-17-12-6.
Sec. 302. "School property", for purposes of IC 12-17.2, means
a building owned or leased by a:
(1) school corporation;
(2) public school; or
(3) private school;
within the school district in which the school is located.
Sec. 303. (a) Except as provided in subsection (b), "secretary"
refers to the secretary of family and social services appointed
under IC 12-8-1.5-2.
(b) "Secretary", for purposes of IC 12-13-14, has the meaning
set forth in IC 12-13-14-1.
Sec. 304. "Self-directed in-home health care", for purposes of
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IC 12-10-17.1, has the meaning set forth in IC 12-10-17.1-9.
Sec. 305. "Service provider", for purposes of IC 12-27, means
any of the following:
(1) A state institution.
(2) A private psychiatric hospital licensed under IC 12-25.
(3) A community mental health center.
(4) A community intellectual disability and other
developmental disabilities center.
(5) A service provider certified by the division of mental
health and addiction to provide substance abuse treatment
programs.
(6) A service provider or program receiving money from or
through a division.
(7) Any other service provider, hospital, clinic, program,
agency, or private practitioner if the individual receiving
mental health services or developmental training was
admitted without the individual's consent.
(8) A managed care provider (as defined in section 219 of this
chapter).
Sec. 306. "Services" means the following:
(1) For purposes of IC 12-10-1 and IC 12-10-2, those services
designed to provide assistance to the aged and the aging,
including the following:
(A) Nutritional programs.
(B) Facilities improvement.
(C) Transportation services.
(D) Senior volunteer programs.
(E) Supplementary health services.
(F) Programs for leisure time activities.
(G) Housing and employment counseling.
(H) Informational, referral, and counseling programs to
aid the aging and aged in availing themselves of existing
services intended to aid the aged in attaining and
maintaining self-sufficiency, personal well-being, and
maximum participation in community life.
(I) Other services required under regulations established
under the Older Americans Act (42 U.S.C. 3001 et seq.).
(2) For purposes of IC 12-28-1, the meaning set forth in
IC 12-28-1-4.
Sec. 307. (a) "Shelter", for purposes of IC 12-20, means a house,
a mobile home, an apartment, a group of rooms, or a single room
that is occupied or is intended for occupancy as separate living
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quarters where the occupant or intended occupant:
(1) does not live and eat with any other individual in the
building; and
(2) has direct access to the occupant's living quarters from the
outside of the building or through a common hall.
(b) Notwithstanding subsection (a), "shelter", for purposes of
IC 12-20-17-2, has the meaning set forth in IC 12-20-17-2.
Sec. 308. "Single source drug" means an outpatient drug that is
produced or distributed under an original new drug application
approved by the federal Food and Drug Administration, including
a drug product marketed by any cross-licensed producers or
distributors operating under the new drug application.
Sec. 309. "SNAP" refers to the federal Supplemental Nutrition
Assistance Program under 7 U.S.C. 2011 et seq.
Sec. 310. "Social Services Block Grant" refers to the block grant
under 42 U.S.C. 1397 et seq.
Sec. 310.5. "Soft drink", for purposes of IC 12-14-30-10, has the
meaning set forth in IC 12-14-30-10(b).
Sec. 311. "Solicitation", for purposes of IC 12-15-25-1, has the
meaning set forth in IC 12-15-25-1.
Sec. 312. "Special needs", for purposes of IC 12-10, has the
meaning set forth in IC 12-10-22-2.
Sec. 313. "Special skilled services", for purposes of IC 12-15-36,
has the meaning set forth in IC 12-15-36-3.
Sec. 314. "Specialist", for purposes of IC 12-10-5.7, has the
meaning set forth in IC 12-10-5.7-3.
Sec. 315. "Specified low-income Medicare beneficiary", for
purposes of IC 12-15-2-26, has the meaning set forth in
IC 12-15-2-26(d).
Sec. 316. "Standards", for purposes of IC 12-15-35, has the
meaning set forth in IC 12-15-35-15.
Sec. 317. "State domestic violence fatality review coordinator",
for purposes of IC 12-18-9, has the meaning set forth in
IC 12-18-9-2.
Sec. 318. (a) "State institution" means an institution:
(1) owned or operated by the state;
(2) for the observation, care, treatment, or detention of an
individual; and
(3) under the administrative control of a division.
(b) The term includes the following:
(1) Evansville State Hospital.
(2) Evansville State Psychiatric Treatment Center for
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Children.
(3) Logansport State Hospital.
(4) Madison State Hospital.
(5) Richmond State Hospital.
(6) The Neurodiagnostic Institute and Advanced Treatment
Center.
Sec. 319. "State of Indiana general educational development
(GED) diploma", for purposes of IC 12-14-5, has the meaning set
forth in IC 12-14-5-2.
Sec. 320. "State ombudsman", for purposes of IC 12-10-13, has
the meaning set forth in IC 12-10-13-6.
Sec. 321. "State or local public benefit", for purposes of
IC 12-32-1, has the meaning set forth in IC 12-32-1-3.
Sec. 322. "State plan", for purposes of:
(1) IC 12-8-6.5, refers to the state Medicaid plan for the
Medicaid program; and
(2) IC 12-12-8, has the meaning set forth in IC 12-12-8-3.8.
Sec. 323. "Superintendent" has the following meaning:
(1) For purposes of IC 12-24, the term refers to the
administrative head of a state institution appointed under
IC 12-24-2-2.
(2) For purposes of IC 12-24-6, IC 12-24-15, and IC 12-24-17,
the term includes:
(A) an employee; or
(B) an individual who holds a license to practice medicine
under IC 25-22.5;
designated as a deputy or an agent of the individual described
in subdivision (1).
(3) For purposes of IC 12-26, the term means the chief
administrative officer of a facility and includes the chief
administrative officer's designee.
Sec. 324. "Supervised group living facility", for purposes of
IC 12-28-4 and IC 12-28-5, refers to a supervised group living
facility for individuals with a developmental disability.
Sec. 325. "Supervised group living facility for individuals with
a developmental disability", for purposes of IC 12-28-4 and
IC 12-28-5, refers to a supervised group living facility for
individuals with a developmental disability in a program described
in IC 12-11-1.1-1(e)(1).
Sec. 326. "Support", for purposes of IC 12-20-25-41, has the
meaning set forth in IC 12-20-25-41.
Sec. 327. "Supportive services", for purposes of IC 12-10-15,
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has the meaning set forth in IC 12-10-15-6.
Sec. 328. "SURS", for purposes of IC 12-15-35, has the meaning
set forth in IC 12-15-35-16.
Sec. 329. "TANF", for purposes of IC 12-20, refers to the
federal Temporary Assistance for Needy Families program under
42 U.S.C. 601 et seq.
Sec. 330. "TANF program" refers to the federal Temporary
Assistance for Needy Families program under 42 U.S.C. 601 et seq.
Sec. 331. "Telehealth services", for purposes of IC 12-15-5-11,
has the meaning set forth in IC 12-15-5-11(a).
Sec. 332. "Therapeutic appropriateness", for purposes of
IC 12-15-35, has the meaning set forth in IC 12-15-35-17.
Sec. 333. "Therapeutic classification" or "therapeutic
category", for purposes of IC 12-15-35, has the meaning set forth
in IC 12-15-35-17.5.
Sec. 334. "Therapeutic duplication", for purposes of
IC 12-15-35, has the meaning set forth in IC 12-15-35-18.
Sec. 335. "Title IV-A" refers to Title IV-A of the federal Social
Security Act.
Sec. 336. "Title IV-A Agency", for purposes of IC 12-17, refers
to the division of family resources.
Sec. 337. "Total number of households containing township
assistance recipients", for purposes of IC 12-20-28-3, has the
meaning set forth in IC 12-20-28-3(c).
Sec. 338. "Total number of recipients", for purposes of
IC 12-20-28-3, has the meaning set forth in the following:
(1) IC 12-20-28-3(d). This subdivision expires January 1, 2023.
(2) IC 12-20-28-3(e). This subdivision applies after December
31, 2022.
Sec. 339. "Total number of requests for assistance", for
purposes of IC 12-20-28-3, has the meaning set forth in
IC 12-20-28-3(f).
Sec. 340. "Treatment by the department", for purposes of
IC 12-23, means treatment in a treatment program within Indiana
that is certified under IC 12-23-1-6.
Sec. 341. "Treatment team", for purposes of IC 12-24-7, has the
meaning set forth in IC 12-24-7-2.
Sec. 342. "Trustees", for purposes of IC 12-15-18, has the
meaning set forth in IC 12-15-18-3.5.
Sec. 343. "Tuberculosis", for purposes of IC 12-30-7-27, has the
meaning set forth in IC 12-30-7-27.
Sec. 344. "Unit", for purposes of IC 12-12-7, has the meaning set
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forth in IC 12-12-7-1.
Sec. 345. "Vending facilities", for purposes of IC 12-12-5, means
automatic vending machines and snack bars and the auxiliary
equipment necessary for the sale of newspapers, periodicals,
confections, tobacco products, foods, beverages, and other articles
or services dispensed automatically or manually and prepared on
or off the premises in accordance with all applicable health laws.
Sec. 346. "Veteran at risk" means a veteran or active duty
member of the armed forces of the United States, the national
guard, or a reserve component of the armed forces of the United
States who is known, based on information provided by a person
making a report under IC 12-10-18-1, to have a physical or mental
health condition that is related to the veteran's military service.
Sec. 347. "Veteran at risk alert" means an alert indicating that
law enforcement officials are searching for a missing veteran at
risk.
Sec. 348. "Veteran crisis line", for purposes of IC 12-21-8, has
the meaning set forth in IC 12-21-8-5.5.
Sec. 349. (a) "Visually impaired", for purposes of the statutes
listed in subsection (b), refers to an individual who has a visual
acuity between 20/60 and 20/200 in the individual's better eye with
the best correction or a corresponding loss in visual field.
(b) This section applies to the following statutes:
(1) IC 12-12-1.
(2) IC 12-12-3.
Sec. 350. "Vocational rehabilitation services", for purposes of
IC 12-28-1, has the meaning set forth in IC 12-28-1-5.
Sec. 351. "Volunteer", for purposes of IC 12-17.2, means an
individual who, without compensation, provides services to a child
care home, child care center, provider (as defined in section 267(4)
of this chapter), or child care ministry for at least eight (8) hours
per month.
Sec. 352. "Voucher payment", for purposes of IC 12-17.2-3.5,
has the meaning set forth in IC 12-17.2-3.5-3.
Sec. 353. "Waiver training", for purposes of IC 12-23-21, has
the meaning set forth in IC 12-23-21-1.
Sec. 354. (a) "Warrant", for purposes of the statutes listed in
subsection (b), means an instrument that is:
(1) the equivalent of a money payment; and
(2) immediately convertible into cash by the payee for the full
face amount of the instrument.
(b) This section applies to the following statutes:
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(1) IC 12-10-6.
(2) IC 12-13.
(3) IC 12-14.
(4) IC 12-15.
(5) IC 12-19.
Sec. 355. "Waste", for purposes of IC 12-15-35.5, has the
meaning set forth in IC 12-15-35.5-2.6.
Sec. 356. "Wasted resources", for purposes of IC 12-20, means:
(1) the amount of money or resources expended by an
applicant or an adult member of an applicant's household
seeking township assistance during the thirty (30) days before
the date of application for township assistance for items or
services that are not basic necessities;
(2) income, resources, or tax supported services lost or
reduced as a result of a voluntary act during the sixty (60)
days before the date of application for township assistance by
an adult member of an applicant's household unless the adult
member can establish a good reason for the act; or
(3) lump sum amounts of money or resources from tax
refunds, lawsuits, inheritances, or pension payments of at
least four hundred dollars ($400) that are expended by:
(A) an applicant seeking township assistance; or
(B) an adult member of the applicant's household;
during the one hundred eighty (180) days immediately
preceding the date of application for township assistance for
items or services that are not basic necessities if, at the time of
the expenditure, there were amounts due and owing for items
or services constituting basic necessities.
SECTION 64. IC 12-8-1.5-6.1, AS ADDED BY P.L.179-2025,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: 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) in IC 31-9-2.1-92)
exist.
(b) The office of the secretary shall apply for any state plan
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amendment or waiver necessary to implement this section.
SECTION 65. IC 12-8-12-8, AS ADDED BY P.L.102-2022,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 8. (a) This section does not apply to an individual
who:
(1) is less than eighteen (18) years of age;
(2) is more than sixty-four (64) years of age;
(3) is medically certified as:
(A) physically; or
(B) mentally;
unfit for employment;
(4) is pregnant;
(5) is a parent or caretaker who personally provides care for a
dependent child who has a:
(A) serious medical condition; or
(B) disability;
as determined by the secretary;
(6) is receiving unemployment compensation and complying with
work requirements under IC 22-4;
(7) is participating in a treatment and rehabilitation program for
a drug or alcohol addiction;
(8) is participating in:
(A) an adult basic education program;
(B) a workforce training, certification, or credentialing
program; or
(C) a course of study at a postsecondary institution;
(9) has been awarded a federal or state financial aid award or
grant;
(10) is a victim of domestic or family violence (as defined in
IC 31-9-2-42); IC 31-9-2.1-84);
(11) separated from service in the armed forces (as defined in
IC 36-8-4.7-3) not more than one hundred eighty (180) days
before applying for TANF assistance; or
(12) has experienced homelessness.
(b) As used in this section, "IMPACT mandatory" means, with
respect to an individual who applies for or receives TANF assistance,
a determination by the division that the individual is required, as a
condition of receiving TANF assistance, to participate in the IMPACT
program.
(c) The secretary shall adopt rules under this section that require, at
a minimum, the following:
(1) After submitting an application for TANF assistance, an
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IMPACT mandatory applicant must, as a condition of eligibility,
provide evidence of the applicant's job search activities. The
evidence of job search activities must include, at a minimum,
evidence of:
(A) six (6) contacts by the applicant with employers; and
(B) submission by the applicant of three (3) job applications
or resumes;
after the applicant's submission of the application.
(2) An IMPACT mandatory individual whose application for
TANF assistance is approved or who receives TANF assistance,
whichever comes first, must participate in the IMPACT program
as directed by the division.
(d) The secretary may suspend application of rules adopted by the
secretary under subsection (c) to individuals residing in an area in
which:
(1) the unemployment rate is ten percent (10%) or greater; or
(2) an insufficient number of jobs is available to provide
employment for residents of the area, as demonstrated by one (1)
or more of the following:
(A) The United States Department of Labor's Employment and
Training Administration has designated the area as a labor
surplus area.
(B) The United States Department of Labor has determined
that the area qualifies for extended unemployment benefits.
(C) The area has a low and declining ratio of employment to
population.
(D) The average unemployment rate in the area for the
immediately preceding twenty-four (24) month period is
twenty percent (20%) or more above the national average
unemployment rate during the same twenty-four (24) month
period.
SECTION 66. IC 12-9-2-6, AS AMENDED BY P.L.117-2015,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 6. (a) The secretary shall act for the division in
entering into contracts for the disbursal of money and the providing of
service for approved community intellectual disability and other
developmental disability centers where constructed and operated or
maintained by private nonprofit organizations, a local public agency,
or any other state agency that the secretary determines to be best suited
to advance programs for individuals with developmental disabilities.
(b) Before entering into a contract under this section, the secretary
shall submit the contract to the attorney general for approval as to form
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and legality.
(c) A contract under this section must do the following:
(1) Specify the services to be provided and the client populations
to whom services must be provided.
(2) Specify that the definition of developmental disability set forth
in IC 12-7-2-61 IC 12-7-2.1-118 must be used to determine the
eligibility of an individual for reimbursement of the center by the
division for the center's services for individuals with a
developmental disability. The division shall reimburse the centers
at rates established by rule.
(3) Provide for a reduction in funding for failure to comply with
terms of the contract.
SECTION 67. IC 12-10-6-5, AS AMENDED BY P.L.56-2023,
SECTION 88, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 5. (a) An individual who is determined under
section 2.1(a)(2) of this chapter to be incapable of residing in the
individual's own home because of mental illness may be admitted to a
home or facility that provides residential care to the extent that money
is available for the care.
(b) Within thirty (30) days after an individual with a mental illness
is placed in a home or facility that provides residential care, a
comprehensive care plan must be developed for the individual.
(c) The residential care facility, in cooperation with the community
mental health center or an individual's managed care provider (as
defined in IC 12-7-2-127(b)) IC 12-7-2.1-267(5)) serving the area in
which the residential care facility is located, shall develop the
comprehensive care plan for the individual. The plan must include the
following:
(1) Psychosocial rehabilitation services that are provided within
the community.
(2) A comprehensive range of activities to meet multiple levels of
need, including the following:
(A) Recreational and socialization activities.
(B) Social skills.
(C) Educational, training, occupational, and work programs.
(D) Opportunities for progression into less restrictive and
more independent living arrangements.
(3) Appropriate alternate placement if the individual's needs
cannot be met by the facility.
(d) The Indiana department of health shall, in coordination with the
division of mental health and addiction and the division, adopt rules
under IC 4-22-2 to govern:
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(1) residential care; and
(2) the comprehensive care plan;
provided to individuals with a mental illness who reside under this
chapter in a home or facility that provides residential care.
SECTION 68. IC 12-10-10-2, AS AMENDED BY P.L.167-2025,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. As used in this chapter, "community and home
care services" means services provided within the limits of available
funding to an eligible individual. The term includes the following:
(1) Homemaker services and attendant care, including personal
care services.
(2) Respite care services and other support services for primary
or family caregivers.
(3) Adult day care services.
(4) Home health services and supplies.
(5) Home delivered meals.
(6) Transportation.
(7) Attendant care services provided by a registered personal
services attendant under IC 12-10-17.1 to persons described in
IC 12-10-17.1-6.
(8) Other services necessary to prevent and reduce:
(A) hospitalization and institutionalization; and
(B) the need for Medicaid home and community based
services;
of eligible individuals when feasible.
(9) Other services, not covered by Medicaid, including equipment
and building modifications, necessary to:
(A) prevent individuals with intellectual or developmental
disabilities from being institutionalized; and
(B) help an individual described in clause (A) to transition out
of a health facility licensed under IC 16-28 or a group home
(as defined by IC 31-9-2-48.5). in IC 31-9-2.1-115).
(10) Support services that provide education, resources, and
strategies to help caregivers and family members of individuals
with dementia.
SECTION 69. IC 12-14-2-16 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 16. If an investigation
discloses that a child is a dependent child and the child is living or will
live with at least one (1) of the relatives prescribed in IC 12-7-2-58,
IC 12-7-2.1-114, assistance may be allowed for the support of the child
without complying with an Indiana law other than this article.
SECTION 70. IC 12-14-2-24, AS AMENDED BY P.L.80-2010,
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SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 24. (a) A dependent child and a parent or an
essential person are not eligible for TANF assistance under this chapter
unless the mother of the dependent child:
(1) initiates a court proceeding to establish paternity, other than
an adoption proceeding, except as provided in IC 31-14-20-2;
(2) executes a paternity affidavit under IC 16-37-2-2.1; or
(3) requests, at the time of application or renewal, that the Title
IV-D agency or its agents file a paternity action under
IC 31-14-4-3.
(b) A person applying for assistance under this chapter is not
required to comply with subsection (a) if:
(1) the father of the dependent child has been charged with an act
of rape, incest, or child molesting that occurred against the
dependent child's mother within ten (10) months before the birth
of the dependent child;
(2) the mother of the dependent child is deceased;
(3) the division determines under rules adopted by the division
under IC 4-22-2 that the mother of the dependent child could not
know the identity of the child's father;
(4) the mother of the dependent child provides proof, and the
division agrees, that the physical health or safety of the mother or
the dependent child would be jeopardized if the mother complies
with subsection (a); or
(5) the dependent child is living in the family home of a relative
other than the mother of the child as described under
IC 12-14-1-1(a) and the relative provides proof, and the division
agrees, that the physical health or safety of the mother, relative,
or dependent child would be jeopardized if the relative complies
with subsection (a).
(c) If a dependent child's mother is a party to a paternity action filed
under IC 31-14 (or IC 31-6-6.1 before its repeal), a county office shall
revoke assistance under this chapter if the mother fails to pursue the
paternity action.
(d) The office may not delay payments otherwise owing to a
provider if the mother fails to comply with this section.
(e) Except as provided in subsection (b)(1), (b)(3), and (b)(5), if a
child is residing with a nonparent guardian or custodian, the nonparent
guardian or custodian shall make a good faith effort to cooperate with
a prosecuting attorney or the division by providing to the prosecuting
attorney or the division any information regarding the potential
paternity of the child.
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(f) The nonparent custodian or guardian is presumed to make a good
faith effort under subsection (e) if the nonparent custodian or guardian
does one (1) or more of the following:
(1) Responds to telephone calls from a prosecuting attorney or
correspondence from a prosecuting attorney.
(2) Appears for an appointment, in person or by telephone, with
a prosecuting attorney.
(3) Appears at a court hearing when requested by a prosecuting
attorney.
(4) Does one (1) or more of the following:
(A) Provides information described in IC 12-7-2-43.5(b),
IC 12-7-2.1-88(b), to the extent the information is known.
(B) Affirms that the information described in
IC 12-7-2-43.5(b) IC 12-7-2.1-88(b) is not known.
(g) Before making a determination that the nonparent custodian or
guardian is not making a good faith effort to cooperate, the prosecuting
attorney shall consider one (1) or more of the following:
(1) Whether the nonparent custodian or guardian could
reasonably be expected to provide the information.
(2) The age of the child for whom child support is being sought.
(3) The circumstances surrounding the conception of the child.
(4) The age and mental capacity of the nonparent custodian or
guardian.
(5) The time that has expired since the nonparent custodian or
guardian has last had contact with:
(A) the alleged father of the child;
(B) a parent of the child; or
(C) a relative of the persons listed in clause (A) or (B).
(6) Any credible information that demonstrates an inability to
provide correct information about an alleged father or a parent of
the child because of deception by the alleged father or parent.
(7) Any other credible information obtained by the prosecuting
attorney that demonstrates the nonparent custodian or guardian
has knowledge of the information sought by the prosecuting
attorney.
SECTION 71. IC 12-14-7-2, AS AMENDED BY THE
TECHNICAL CORRECTIONS BILL OF THE 2026 GENERAL
ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. (a) If:
(1) the parents of a dependent child are (1) separated or divorced;
and
(2) there is no court order for the support of the child;
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the other parent shall cooperate, within federal regulations, with the
state agency responsible for administering Title IV-D of the federal
Social Security Act in obtaining a support order.
(b) If a child is residing with a nonparent guardian or custodian, the
nonparent guardian or custodian shall make a good faith effort to
cooperate with the division and any agency responsible for
administering Title IV-D of the federal Social Security Act in obtaining
and enforcing a child support order.
(c) The nonparent custodian or guardian is presumed to make a
good faith effort under subsection (b) if the nonparent custodian or
guardian does one (1) or more of the following:
(1) Responds to telephone calls from a prosecuting attorney or
correspondence from a prosecuting attorney.
(2) Appears for an appointment, in person or by telephone, with
a prosecuting attorney.
(3) Appears at a court hearing when requested by a prosecuting
attorney.
(4) Does one (1) or more of the following:
(A) Provides information described in IC 12-7-2-43.5(b),
IC 12-7-2.1-88(b), to the extent the information is known.
(B) Affirms that the information described in
IC 12-7-2-43.5(b) IC 12-7-2.1-88(b) is not known.
(d) Before making a determination that the nonparent custodian or
guardian is not making a good faith effort to cooperate, the prosecuting
attorney shall consider one (1) or more of the following:
(1) Whether the nonparent custodian or guardian could
reasonably be expected to provide the information.
(2) The age of the child for whom child support is being sought.
(3) The circumstances surrounding the conception of the child.
(4) The age and mental capacity of the nonparent custodian or
guardian.
(5) The time that has expired since the nonparent custodian or
guardian has last had contact with:
(A) the alleged father of the child;
(B) a parent of the child; or
(C) a relative of the persons listed in clause (A) or (B).
(6) Any credible information that demonstrates an inability to
provide correct information about an alleged father or a parent of
the child because of deception by the alleged father or parent.
(7) Any other credible information obtained by the prosecutor that
demonstrates the nonparent custodian or guardian has knowledge
of the information sought by the prosecuting attorney.
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SECTION 72. IC 12-14-7-3, AS AMENDED BY P.L.80-2010,
SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3. (a) If a child is born out of wedlock, the mother
shall, when establishing the paternity of the child and obtaining a
support order, cooperate with the state agency responsible for
administering Title IV-D of the federal Social Security Act, in
compliance with federal regulations governing Title IV-D of the federal
Social Security Act.
(b) If a child is residing with a nonparent guardian or custodian, the
nonparent guardian or custodian shall make a good faith effort to
cooperate with the division and with any agency responsible for
administering Title IV-D of the federal Social Security Act by
providing any information known to the nonparent guardian or
custodian regarding the potential paternity of the child.
(c) If a child is residing with a nonparent guardian or custodian, the
nonparent guardian or custodian shall make a good faith effort to
cooperate with the division and any agency responsible for
administering Title IV-D of the federal Social Security Act in the
establishment and enforcement of a child support order.
(d) The nonparent custodian or guardian is presumed to make a
good faith effort under subsections (b) and (c) if the nonparent
custodian or guardian does one (1) or more of the following:
(1) Responds to telephone calls from a prosecutor or
correspondence from a prosecuting attorney.
(2) Appears for an appointment, in person or by telephone, with
a prosecuting attorney.
(3) Appears at a court hearing when requested by a prosecuting
attorney.
(4) Does one (1) or more of the following:
(A) Provides information described in IC 12-7-2-43.5(b),
IC 12-7-2.1-88(b), to the extent the information is known.
(B) Affirms that the information described in
IC 12-7-2-43.5(b) IC 12-7-2.1-88(b) is not known.
(e) Before making a determination that the nonparent custodian or
guardian is not making a good faith effort to cooperate, the prosecuting
attorney shall consider one (1) or more of the following:
(1) Whether the nonparent custodian or guardian could
reasonably be expected to provide the information.
(2) The age of the child for whom child support is being sought.
(3) The circumstances surrounding the conception of the child.
(4) The age and mental capacity of the nonparent custodian or
guardian.
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(5) The time that has expired since the nonparent custodian or
guardian has last had contact with:
(A) the alleged father of the child;
(B) a parent of the child; or
(C) a relative of the persons listed in clause (A) or (B).
(6) Any credible information that demonstrates an inability to
provide correct information about an alleged father or a parent of
the child because of deception by the alleged father or parent.
(7) Any other credible information obtained by the prosecuting
attorney that demonstrates the nonparent custodian or guardian
has knowledge of the information sought by the prosecuting
attorney.
SECTION 73. IC 12-14-31-4, AS ADDED BY P.L.57-2025,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 4. A household that, at the time of the office of the
secretary's initial determination of the household's income eligibility for
purposes of entry into the CCDF program, includes a foster parent (as
defined in IC 31-9-2-47) IC 31-9-2.1-109) is eligible for assistance
under the CCDF program for children in foster care (as defined in
IC 31-9-2-46.7). IC 31-9-2.1-107).
SECTION 74. IC 12-15-13.5-6, AS ADDED BY P.L.127-2020,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 6. (a) Subject to subsection (b), a recovery audit
shall not require documentation, at the time of service, for services
provided by a community mental health center (as defined in
IC 12-7-2-38) IC 12-7-2.1-78) when the documentation is part of an
ongoing plan of treatment or a documentation of specific treatment
methods.
(b) The direct service provider shall complete documentation
described in subsection (a) within a reasonable time frame, but not later
than thirty (30) days from the date of service, prior to Medicaid billing.
(c) Any supervising provider in a community mental health center
is eligible to review documentation in order to certify a plan of
treatment or review specific treatment methods at intervals not greater
than ninety (90) days.
(d) A supervising provider described in subsection (c) may review
the documentation described in subsection (c) regardless of:
(1) whether the supervising provider is providing direct
supervision; and
(2) the location where the service was provided.
A review described under this subsection must be documented by the
signature of the supervising provider.
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(e) In developing a plan of treatment, the following must be
completed to demonstrate active treatment with a client:
(1) A signed client consent form.
(2) The completion of a list of requirements concerning audit
compliance, as determined by the division in collaboration with
community mental health centers, that verifies active participation
in the development of the client's plan of treatment.
(3) Either:
(A) the signature of the client on the client's plan of treatment;
or
(B) if the direct care provider, after a good faith effort, is
unable to obtain the client's signature on the client's plan of
treatment:
(i) the provision of documentation by the provider of the
reasons the provider was unable to obtain the signature;
(ii) the continuation of attempting to obtain the client's
signature on the client's plan of treatment; and
(iii) a determination by the division, based on the
documentation in item (i), that the direct care provider has
made a good faith effort to obtain the signature.
SECTION 75. IC 12-15-32-11, AS AMENDED BY P.L.35-2016,
SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 11. (a) The office may assess community
residential facilities for the developmentally disabled (as defined in
IC 12-7-2-61) IC 12-7-2.1-118) and intermediate care facilities for
individuals with intellectual disabilities (ICF/IID) (as defined in
IC 16-29-4-2) that are not operated by the state in an amount not to
exceed ten percent (10%) of the total annual revenue of the facility for
the facility's preceding fiscal year.
(b) The assessments shall be paid to the office of Medicaid policy
and planning in equal monthly amounts on or before the tenth day of
each calendar month. The office may withhold Medicaid payments to
a provider described in subsection (a) that fails to pay an assessment
within thirty (30) days after the due date. The amount withheld may not
exceed the amount of the assessments due.
(c) Revenue from the assessments shall be credited to a special
account within the state general fund to be called the Medicaid
assessment account. Money in the account may be used only for
services for which federal financial participation under Medicaid is
available to match state funds. An amount equivalent to the federal
financial participation estimated to be received for services financed
from assessments under subsection (a) shall be used to finance
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Medicaid services provided by facilities described in subsection (a).
(d) If federal financial participation to match the assessments in
subsection (a) becomes unavailable under federal law, the authority to
impose the assessments terminates on the date that the federal
statutory, regulatory, or interpretive change takes effect.
SECTION 76. IC 12-17.2-2-5.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 5.5. (a)
Notwithstanding IC 12-7-2-149.1, IC 12-7-2.1-267, as used in this
section, "provider" means a person who provides child care under this
article.
(b) When the division adopts an administrative rule or a policy
statement to administer this article, the division shall make the
administrative rule or policy statement available to the public upon
request.
(c) When the division adopts an administrative rule or a policy
statement to administer this article, the administrative rule or policy
statement must specifically identify the type of provider to which the
administrative rule or policy statement applies.
(d) When the division provides information to the public concerning
an administrative rule or a policy statement adopted by the division,
each document provided must specifically identify the type of provider
to which the administrative rule or policy statement applies.
SECTION 77. IC 12-17.2-4-5, AS AMENDED BY P.L.121-2020,
SECTION 5, 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 services
established by IC 31-25-1-1 of child abuse or neglect (as defined
in IC 31-9-2-14) IC 31-9-2.1-33) by:
(A) the applicant;
(B) an employee of the applicant who may be present on the
premises of the child care center during operating hours of the
child care center; or
(C) a volunteer of the applicant who may be present on the
premises of the child care center during operating hours of the
child care center.
(2) A criminal conviction of the applicant, or an employee or
volunteer of the applicant who may be present on the premises of
the child care center during operating hours of the child care
center, of any of the following:
(A) A felony:
(i) related to the health or safety of a child;
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(ii) that is a sex offense (as defined in IC 11-8-8-5.2);
(iii) that is a dangerous felony; or
(iv) that is not a felony otherwise described in items (i)
through (iii), and less than ten (10) years have elapsed from
the date the person was discharged from probation,
imprisonment, or parole, whichever discharge date is latest.
(B) A misdemeanor related to the health or safety of a child.
(C) A misdemeanor for operating a child care center without
a license under section 35 of this chapter, or a substantially
similar offense in another jurisdiction if the offense is directly
or indirectly related to jeopardizing the health or safety of a
child.
(D) A misdemeanor for operating a child care home without a
license under IC 12-17.2-5-35, or a substantially similar
offense in another jurisdiction if the offense is directly or
indirectly related to jeopardizing the health or safety of a child.
(3) A determination by the division that the applicant made false
statements in the applicant's application for licensure.
(4) A determination by the division that the applicant made false
statements in the records required by the division.
(5) A determination by the division that the applicant previously
operated a:
(A) child care center without a license under this chapter; or
(B) child care home without a license under IC 12-17.2-5.
(b) Notwithstanding subsection (a)(2), if:
(1) a license application is denied due to a criminal conviction of
an employee or a volunteer of the applicant; and
(2) the division determines that the employee or volunteer has
been dismissed by the applicant;
the criminal conviction of the former employee or former volunteer
does not require denial of a license application.
SECTION 78. IC 12-17.2-4-32, AS AMENDED BY HEA
1202-2026, SECTION 24, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 32. (a) The following constitute
sufficient grounds for revocation of a license:
(1) A determination by the department of child services of child
abuse or neglect (as defined in IC 31-9-2-14) IC 31-9-2.1-33) by:
(A) the licensee;
(B) an employee of the licensee who may be present on the
premises of the child care center during operating hours of the
child care center; or
(C) a volunteer of the licensee who may be present on the
SEA 80 — CC 1
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premises of the child care center during operating hours of the
child care center.
(2) A criminal conviction of the licensee, or an employee or
volunteer of the licensee who may be present on the premises of
the child care center during operating hours of the child care
center, of any of the following:
(A) A felony:
(i) related to the health or safety of a child;
(ii) that is a sex offense (as defined in IC 11-8-8-5.2);
(iii) that is a dangerous felony; or
(iv) that is not a felony otherwise described in items (i)
through (iii), and less than ten (10) years have elapsed from
the date the person was discharged from probation,
imprisonment, or parole, whichever discharge date is latest.
(B) A misdemeanor related to the health or safety of a child.
(C) A misdemeanor for operating a child care center without
a license under section 35 of this chapter, or a substantially
similar offense in another jurisdiction if the offense is directly
or indirectly related to jeopardizing the health or safety of a
child.
(D) A misdemeanor for operating a child care home without a
license under IC 12-17.2-5-35, or a substantially similar
offense in another jurisdiction if the offense is directly or
indirectly related to jeopardizing the health or safety of a child.
(3) A determination by the division that the licensee made false
statements in the licensee's application for licensure.
(4) A determination by the division that the licensee made false
statements in the records required by the division.
(5) A determination by the division that the licensee previously
operated a:
(A) child care center without a license under this chapter; or
(B) child care home without a license under IC 12-17.2-5.
(6) A determination by the division that the operator of the child
care center has failed to comply with an order of the department
of homeland security.
(b) Notwithstanding subsection (a)(2), if:
(1) a license is revoked due to a criminal conviction of an
employee or a volunteer of the licensee; and
(2) the division determines that the employee or volunteer has
been dismissed by the licensee;
the criminal conviction of the former employee or former volunteer
does not require revocation of a license.
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SECTION 79. IC 12-17.2-5-4, AS AMENDED BY P.L.74-2022,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 4. (a) The following constitute sufficient grounds
for a denial of a license application:
(1) A determination by the department of child services
established by IC 31-25-1-1 of child abuse or neglect (as defined
in IC 31-9-2-14) IC 31-9-2.1-33) by:
(A) the applicant;
(B) a member of the applicant's household;
(C) an employee of the applicant who may be present on the
premises of the child care home during operating hours of the
child care home; or
(D) a volunteer of the applicant who may be present on the
premises of the child care home during operating hours of the
child care home.
(2) A criminal conviction of the applicant, or an employee or
volunteer of the applicant who may be present on the premises of
the child care home during operating hours of the child care
home, or a member of the applicant's household, of any of the
following:
(A) A felony:
(i) related to the health or safety of a child;
(ii) that is a sex offense (as defined in IC 11-8-8-5.2);
(iii) that is a dangerous felony; or
(iv) that is not a felony otherwise described in items (i)
through (iii), and less than ten (10) years have elapsed from
the date the person was discharged from probation,
imprisonment, or parole, whichever discharge date is latest.
(B) A misdemeanor related to the health or safety of a child.
(C) A misdemeanor for operating a child care center without
a license under IC 12-17.2-4-35, or a substantially similar
offense committed in another jurisdiction if the offense is
directly or indirectly related to jeopardizing the health or
safety of a child.
(D) A misdemeanor for operating a child care home without a
license under section 35 of this chapter, or a substantially
similar offense committed in another jurisdiction if the offense
is directly or indirectly related to jeopardizing the health or
safety of a child.
(3) A determination by the division that the applicant made false
statements in the applicant's application for licensure.
(4) A determination by the division that the applicant made false
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statements in the records required by the division.
(5) A determination by the division that the applicant previously
operated a:
(A) child care center without a license under IC 12-17.2-4; or
(B) child care home without a license under this chapter.
(b) Notwithstanding subsection (a)(2), if:
(1) a license application is denied due to a criminal conviction of:
(A) an employee or a volunteer of the applicant; or
(B) a member of the applicant's household; and
(2) the division determines that the:
(A) employee or volunteer has been dismissed by the
applicant; or
(B) member of the applicant's household is no longer a
member of the applicant's household;
the criminal conviction of the former employee, former volunteer, or
former member does not require denial of a license application.
SECTION 80. IC 12-17.2-5-6.3, AS AMENDED BY P.L.74-2022,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 6.3. (a) To qualify for a license to operate a class
I child care home under this chapter, a person must do the following:
(1) Provide documentation to the division that the licensee has
received a high school diploma or a high school equivalency
certificate as described in IC 12-14-5-2.
(2) Provide documentation to the division that the licensee:
(A) has completed;
(B) is enrolled in; or
(C) agrees to complete within the next three (3) years;
a child development associate credential program or a similar
program approved by the division.
(3) Complete the training course taught or approved by the
division concerning safe sleeping practices for a child within the
person's care as described in IC 12-17.2-2-1(10).
The division may grant a waiver or variance of the requirement under
subdivision (2).
(b) A class I child care home may serve three (3) school age
children under IC 12-7-2-33.7 IC 12-7-2.1-68 if the child care home
meets the following conditions:
(1) Provides at least thirty-five (35) square feet for each child.
(2) Maintains the child to staff ratio required under rules adopted
by the division for each age group of children in attendance.
(3) Has an illuminated exit sign over each required exit or
emergency lighting for each required exit.
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SECTION 81. IC 12-17.2-5-7.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 7.5. (a) The license
issued to a person for the operation of a child care home under section
7 of this chapter shall indicate whether the child care home is licensed
as a class I child care home or a class II child care home.
(b) A person who:
(1) holds a license to operate a class I child care home; and
(2) at any time serves a number of children greater than the
number allowed under IC 12-7-2-33.7; IC 12-7-2.1-68;
is subject to sanctions under section 33 of this chapter, a civil penalty
under section 34 of this chapter, and the criminal penalty set forth in
section 35 of this chapter.
(c) A person who:
(1) holds a license to operate a class II child care home; and
(2) at any time:
(A) serves a number of children greater than the number
allowed under IC 12-7-2-33.8; IC 12-7-2.1-69; or
(B) fails to comply with the requirements for class II child care
homes set forth in section 6.5 of this chapter;
is subject to sanctions under section 33 of this chapter, a civil penalty
under section 34 of this chapter, and the criminal penalty set forth in
section 35 of this chapter.
SECTION 82. IC 12-17.2-5-32, AS AMENDED BY P.L.74-2022,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 32. (a) The following constitute sufficient grounds
for revocation of a license:
(1) A determination by the department of child services of child
abuse or neglect (as defined in IC 31-9-2-14) IC 31-9-2.1-33) by:
(A) the licensee;
(B) a member of the licensee's household;
(C) an employee of the licensee who may be present on the
premises of the child care home during operating hours of the
child care home; or
(D) a volunteer of the licensee who may be present on the
premises of the child care home during operating hours of the
child care home.
(2) A criminal conviction of the licensee, an employee or
volunteer of the licensee who may be present on the premises of
the child care home during operating hours of the child care
home, or a member of the licensee's household of any of the
following:
(A) A felony:
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(i) related to the health or safety of a child;
(ii) that is a sex offense (as defined in IC 11-8-8-5.2);
(iii) that is a dangerous felony; or
(iv) that is not a felony otherwise described in items (i)
through (iii), and less than ten (10) years have elapsed from
the date the person was discharged from probation,
imprisonment, or parole, whichever discharge date is latest.
(B) A misdemeanor related to the health or safety of a child.
(C) A misdemeanor for operating a child care center without
a license under IC 12-17.2-4-35, or a substantially similar
offense committed in another jurisdiction if the offense is
directly or indirectly related to jeopardizing the health or
safety of a child.
(D) A misdemeanor for operating a child care home without a
license under section 35 of this chapter, or a substantially
similar offense committed in another jurisdiction if the offense
is directly or indirectly related to jeopardizing the health or
safety of a child.
(3) A determination by the division that the licensee made false
statements in the licensee's application for licensure.
(4) A determination by the division that the licensee made false
statements in the records required by the division.
(5) A determination by the division that the licensee previously
operated a:
(A) child care center without a license under IC 12-17.2-4; or
(B) child care home without a license under this chapter.
(b) Notwithstanding subsection (a)(2), if:
(1) a license is revoked due to a criminal conviction of:
(A) an employee or a volunteer of the licensee's; or
(B) a resident of the licensee's household; and
(2) the division determines that the:
(A) employee or volunteer has been dismissed by the licensee;
or
(B) member of the licensee's household is no longer a member
of the licensee's household;
the criminal conviction of the former employee, former volunteer, or
former member does not require revocation of a license.
SECTION 83. IC 12-17.2-6-16, AS AMENDED BY P.L.121-2020,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 16. (a) The following constitute sufficient grounds
for denial of an application for registration under this chapter:
(1) A determination by the department of child services of child
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abuse or neglect (as defined in IC 31-9-2-14) IC 31-9-2.1-33) by:
(A) the applicant;
(B) an employee of the applicant who may be present on the
premises of the child care ministry during operating hours of
the child care ministry; or
(C) a volunteer of the applicant who may be present on the
premises of the child care ministry during operating hours of
the child care ministry.
(2) A criminal conviction of the applicant, or an employee or
volunteer of the applicant who may be present on the premises of
the child care ministry during operating hours of the child care
ministry, of any of the following:
(A) A felony:
(i) related to the health or safety of a child;
(ii) that is a sex offense (as defined in IC 11-8-8-5.2);
(iii) that is a dangerous felony; or
(iv) that is not a felony otherwise described in items (i)
through (iii), and less than ten (10) years have elapsed from
the date the person was discharged from probation,
imprisonment, or parole, whichever discharge date is latest.
(B) A misdemeanor related to the health or safety of a child.
(C) A misdemeanor for operating a child care ministry without
a registration under this chapter, or a substantially similar
offense in another jurisdiction if the offense is directly or
indirectly related to jeopardizing the health or safety of a child.
(D) A misdemeanor for operating a child care center without
a license under IC 12-17.2-4-35, or a substantially similar
offense in another jurisdiction if the offense is directly or
indirectly related to jeopardizing the health or safety of a child.
(E) A misdemeanor for operating a child care home without a
license under IC 12-17.2-5-35, or a substantially similar
offense in another jurisdiction if the offense is directly or
indirectly related to jeopardizing the health or safety of a child.
(3) A determination by the division that the applicant made false
statements in the applicant's application for registration.
(4) A determination by the division that the applicant made false
statements in the records required by the division.
(5) A determination by the division that the applicant previously
operated a:
(A) child care ministry without a registration under this
chapter;
(B) child care center without a license under IC 12-17.2-4; or
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(C) child care home without a license under IC 12-17.2-5.
(b) Notwithstanding subsection (a)(2), if:
(1) a registration application is denied due to a criminal
conviction of an employee or a volunteer of the applicant; and
(2) the division determines that the employee or volunteer has
been dismissed by the applicant;
the criminal conviction of the former employee or former volunteer
does not require denial of the registration application.
SECTION 84. IC 12-17.2-6-19, AS AMENDED BY HEA
1202-2026, SECTION 29, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 19. (a) The following constitute
sufficient grounds for revocation of a registration under this chapter:
(1) A determination by the department of child services of child
abuse or neglect (as defined in IC 31-9-2-14) IC 31-9-2.1-33) by:
(A) the operator of the child care ministry;
(B) an employee of the child care ministry who may be present
on the premises of the child care ministry during operating
hours of the child care ministry; or
(C) a volunteer of the child care ministry who may be present
on the premises of the child care ministry during operating
hours of the child care ministry.
(2) A criminal conviction of the operator of the child care
ministry, or an employee or volunteer of the child care ministry
who may be present on the premises of the child care ministry
during operating hours of the child care ministry, of any of the
following:
(A) A felony:
(i) related to the health or safety of a child;
(ii) that is a sex offense (as defined in IC 11-8-8-5.2);
(iii) that is a dangerous felony; or
(iv) that is not a felony otherwise described in items (i)
through (iii), and less than ten (10) years have elapsed from
the date the person was discharged from probation,
imprisonment, or parole, whichever discharge date is latest.
(B) A misdemeanor related to the health or safety of a child.
(C) A misdemeanor for operating a child care ministry without
a registration under this chapter, or a substantially similar
offense in another jurisdiction if the offense is directly or
indirectly related to jeopardizing the health or safety of a child.
(D) A misdemeanor for operating a child care center without
a license under IC 12-17.2-4-35, or a substantially similar
offense in another jurisdiction if the offense is directly or
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indirectly related to jeopardizing the health or safety of a child.
(E) A misdemeanor for operating a child care home without a
license under IC 12-17.2-5-35, or a substantially similar
offense in another jurisdiction if the offense is directly or
indirectly related to jeopardizing the health or safety of a child.
(3) A determination by the division that the operator of the child
care ministry made false statements in the child care ministry's
registration application.
(4) A determination by the division that the operator of the child
care ministry made false statements in the records required by the
division.
(5) A determination by the division that the operator of the child
care ministry previously operated a:
(A) child care ministry without a registration under this
chapter;
(B) child care center without a license under IC 12-17.2-4; or
(C) child care home without a license under IC 12-17.2-5.
(6) A determination by the division that the operator of the child
care ministry has failed to comply with an order of the department
of homeland security.
(b) Notwithstanding subsection (a)(2), if:
(1) a registration is revoked due to a criminal conviction of an
employee or a volunteer of the child care ministry; and
(2) the division determines that the employee or volunteer has
been dismissed by the child care ministry;
the criminal conviction of the former employee or former volunteer
does not require revocation of the registration.
SECTION 85. IC 12-17.2-7.6-3, AS AMENDED BY SEA
222-2026, SECTION 66, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 3. (a) Not later than January 1,
2025, after soliciting and considering recommendations from
appropriate stakeholders, the office of the secretary shall develop a
regulatory model that:
(1) is applicable only to micro facilities;
(2) incorporates waivers or variances from the office of the
secretary's rules applicable to providers under this article; and
(3) provides for a balance between the goals of:
(A) increasing the availability of child care, particularly in
geographic areas facing a critical shortage of child care, by
reducing the costs of operating a micro facility; and
(B) ensuring the health and safety of children for whom a
micro facility provides child care.
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(b) In determining waivers or variances to be incorporated under
subsection (a)(2), the office of the secretary shall consider efficiencies
such as:
(1) allowing a micro facility to be operated in either a residential
or nonresidential building;
(2) prescribing educational requirements for staff members of a
micro facility that are tailored to the needs of providing child care
to groups of thirty (30) children or less; and
(3) allowing for supervision of children of diverse age groups in
a manner that maximizes use of limited facility space.
(c) Not later than March 1, 2025, the office of the secretary shall
establish and administer a pilot program under which:
(1) a licensee under IC 12-7-2-28.4 IC 12-7-2.1-55 or
IC 12-7-2-28.8 IC 12-7-2.1-58 that:
(A) operates an existing micro facility; or
(B) proposes to begin operating a new micro facility not more
than sixty (60) days after the date of the licensee's application
under this subdivision;
may apply to participate in the pilot program in a manner
prescribed by the office of the secretary;
(2) the office of the secretary shall select at least three (3)
licensees that apply under subdivision (1) and:
(A) allow a selected licensee described in subdivision (1)(A)
to operate the licensee's existing micro facility; and
(B) allow a selected licensee described in subdivision (1)(B)
to operate the licensee's proposed micro facility;
under the regulatory model developed under subsection (a); and
(3) the office of the secretary shall:
(A) monitor the operation of the micro facilities operating
under the regulatory model under subdivision (2); and
(B) evaluate the degree to which the operation of the micro
facilities under the regulatory model serves the balance
described in subsection (a)(3).
(d) The office of the secretary shall, to the extent practicable, select
licensees for participation in the pilot program such that the micro
facilities operated by the licensees are located in areas:
(1) that are geographically diverse from one another; and
(2) in which there exists a critical shortage of child care providers.
(e) A waiver or variance applied to a micro facility under this
section expires on the earlier of:
(1) the date specified by the office of the secretary; or
(2) December 31, 2027.
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SECTION 86. IC 12-17.6-1-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 6. "Provider" has the
meaning set forth in IC 12-7-2-149.1(2). IC 12-7-2.1-267(2).
SECTION 87. IC 12-21-2-3, AS AMENDED BY SEA 222-2026,
SECTION 68, AND AS AMENDED BY HEA 1296-2026, SECTION
5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2026]: Sec. 3. The secretary or the secretary's designee shall do the
following:
(1) Organize the division, create the appropriate personnel
positions, and employ personnel necessary to discharge the
statutory duties and powers of the division or a bureau of the
division.
(2) Subject to the approval of the state personnel department,
establish personnel qualifications for all deputy directors,
assistant directors, bureau heads, and superintendents.
(3) Subject to the approval of the budget director and the
governor, establish the compensation of all deputy directors,
assistant directors, bureau heads, and superintendents.
(4) Study the entire problem of mental health, mental illness, and
addictions existing in Indiana.
(5) Adopt rules under IC 4-22-2 for the following:
(A) Standards for the operation of private institutions that are
licensed under IC 12-25 for the diagnosis, treatment, and care
of individuals with psychiatric disorders, addictions, or other
abnormal mental conditions.
(B) Licensing or certifying community residential programs
described in IC 12-22-2-3.5 for individuals with serious
mental illness (SMI), serious emotional disturbance (SED), or
chronic addiction (CA) with the exception of psychiatric
residential treatment facilities.
(C) Subject to IC 12-29-2-21, certifying community mental
health centers to operate in Indiana.
(D) Establish exclusive geographic primary service areas for
community mental health centers. The rules must include the
following:
(i) Criteria and procedures to justify the change to the
boundaries of a community mental health center's primary
service area.
(ii) Criteria and procedures to justify the change of an
assignment of a community mental health center to a
primary service area.
(iii) A provision specifying that the criteria and procedures
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determined in items (i) and (ii) must include an option for
the county and the community mental health center to
initiate a request for a change in primary service area or
provider assignment.
(iv) A provision specifying the criteria and procedures
determined in items (i) and (ii) may not limit an eligible
consumer's right to choose or access the services of any
provider who is certified by the division of mental health
and addiction to provide public supported mental health
services.
(E) The implementation and administration of certification
requirements and standards for the following:
(i) Certified community behavioral health clinics.
(ii) Recovery community organizations.
(iii) Recovery residences, for residential care and supported
housing for chronic addiction in a recovery residence.
(iv) Certified peers.
(6) Institute programs, in conjunction with an accredited college
or university and with the approval, if required by law, of the
commission for higher education, for the instruction of students
of mental health and other related occupations. The programs may
be designed to meet requirements for undergraduate and
postgraduate degrees and to provide continuing education and
research.
(7) Develop programs to educate the public in regard to the
prevention, diagnosis, treatment, and care of all abnormal mental
conditions.
(8) Make the facilities of the state institutions available for the
instruction of medical students, student nurses, interns, and
resident and fellow physicians under the supervision of the faculty
of any accredited school of medicine or osteopathy located in
Indiana or an accredited residency or fellowship training program
in connection with research and instruction in psychiatric
disorders.
(9) Institute a stipend program designed to improve the quality
and quantity of staff that state institutions employ.
(10) Establish, supervise, and conduct community programs,
either directly or by contract, for the diagnosis, treatment, and
prevention of psychiatric disorders.
(11) Adopt rules under IC 4-22-2 concerning the records and data
to be kept concerning individuals admitted to state institutions,
community mental health centers, or other providers.
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(12) Compile information and statistics concerning the ethnicity
and gender of a program or service recipient.
(13) Establish standards for services described in IC 12-7-2-40.6
IC 12-7-2.1-83 for community mental health centers and other
providers.
(14) Provide that the standards for services provided by recovery
residences for residential care and supported housing for chronic
addiction, when used as a recovery residence, be certified by the
division or the division's designee to ensure adherence to
standards determined by the division.
(15) Provide that the standards for services provided by recovery
community organizations for behavioral health recovery, when
used as a recovery community organization, be certified by the
division or the division's designee to ensure adherence to
standards determined by the division.
(16) Certify integrated reentry and correctional support programs
to ensure adherence to standards determined by the division or a
certification body approved by the division.
(17) Require the division to:
(A) provide best practice recommendations to community
mental health centers; and
(B) work with community mental health centers in a
collaborative manner in order to ensure improved health
outcomes as a part of reviews or audits.
Documentation developed as a part of an incident or death
reporting audit or review is confidential and may only be shared
between the division and the community mental health center.
SECTION 88. IC 12-21-8-10, AS AMENDED BY SEA 222-2026,
SECTION 70, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 10. (a) The division shall coordinate:
(1) available onsite response services of crisis calls using state
and locally funded mobile crisis teams; and
(2) crisis receiving and stabilization services resulting from a
9-8-8 call.
(b) The mobile crisis teams must be certified by the division and
must include:
(1) a peer certified by the division; and
(2) at least one (1) of the following:
(A) A behavioral health professional licensed under
IC 25-23.6.
(B) An other behavioral health professional (OBHP), as
defined in 440 IAC 11-1-12.
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(C) Emergency medical services personnel licensed under
IC 16-31.
(D) Law enforcement based coresponder behavioral health
teams.
(c) Crisis response services provided by a mobile crisis team must
be provided under the supervision of:
(1) a behavioral health professional licensed under IC 25-23.6;
(2) a licensed physician; or
(3) an advanced practice registered nurse (as defined in
IC 12-7-2-3.1). IC 12-7-2.1-10).
The supervision required under this subsection may be performed
remotely.
SECTION 89. IC 12-23-1-13, AS ADDED BY P.L.220-2011,
SECTION 274, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 13. Notwithstanding the
amendments made to IC 12-7-2-12 (repealed July 1, 2026, and
reenacted at IC 12-7-2.1-19) by P.L.168-2002, a person participating
in an alcohol and drug services program before July 1, 2002, solely as
a result of committing an infraction may continue in the program until
the person successfully completes the program or is removed for a
violation or noncompliance, whichever occurs first.
SECTION 90. IC 12-24-19-1, AS AMENDED BY P.L.99-2007,
SECTION 121, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 1. (a) This chapter applies only to
a patient who is transferred or discharged from a state institution
administered by the division of mental health and addiction.
(b) This chapter does not apply to any of the following:
(1) An individual who is admitted to a state institution only for
evaluation purposes.
(2) An individual who is incompetent to stand trial.
(3) An individual who has a developmental disability (as defined
in IC 12-7-2-61). IC 12-7-2.1-118).
(4) An individual in an alcohol and drug services program who is
not concurrently diagnosed with a mental illness.
(5) An individual who has escaped from the facility to which the
individual was involuntarily committed.
(6) An individual who was admitted to a facility for voluntary
treatment and who has left the facility against the advice of the
attending physician.
SECTION 91. IC 12-29-2-13, AS AMENDED BY P.L.143-2011,
SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 13. (a) This section applies to Lake County.
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(b) In addition to any other appropriation under this article, the
county annually may fund each center serving the county from the
county's general fund in an amount not exceeding the following:
(1) For 2004, the product of the amount determined under section
2(b)(1) of this chapter multiplied by seven hundred fifty-two
thousandths (0.752).
(2) For 2005 and each year thereafter, the product of the amount
determined under section 2(b)(2) of this chapter for that year
multiplied by seven hundred fifty-two thousandths (0.752).
(c) The receipts from the tax levied under this section shall be used
for the leasing, purchasing, constructing, or operating of facilities for
community based residential programs (as defined in IC 12-7-2-40)
IC 12-7-2.1-76) for individuals with a mental illness.
(d) Money appropriated under this section must be:
(1) budgeted under IC 6-1.1-17; and
(2) included in the center's budget submitted to the division of
mental health and addiction.
(e) Permission for a levy increase in excess of the levy limitations
may be ordered under IC 6-1.1-18.5-15 only if the levy increase is
approved by the division of mental health and addiction for a
community mental health center.
SECTION 92. IC 13-20-25-10, AS AMENDED BY SEA 277-2026,
SECTION 210, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 10. (a) A person:
(1) who:
(A) is not required to submit a recycling activity report under
section 9 of this chapter; but
(B) recycled recyclable materials during a calendar year;
(2) who:
(A) meets the definition of "scrap metal processing facility" set
forth in IC 8-23-1-36; IC 8-23-1.1-35;
(B) meets the definition of "automotive salvage recycler" set
forth in IC 9-13-2-10;
(C) meets the definition of "recycling facility" set forth in
IC 9-13-2-150.3;
(D) is engaged in business subject to IC 9-22-3;
(E) meets the definition of "automotive salvage rebuilder" set
forth in IC 9-32-2.1-5;
(F) meets the definition of "scrap metal processor" set forth in
IC 13-11-2-196.5;
(G) meets the definition of "core buyer" set forth in
IC 25-37.5-1-0.2; or
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(H) meets the definition of "valuable metal dealer" set forth in
IC 25-37.5-1-1(b); or
(3) who:
(A) is not required to submit a recycling activity report under
section 9 of this chapter; but
(B) took action during a calendar year to recover, from the
solid waste stream, for purposes of:
(i) use or reuse;
(ii) conversion into raw materials; or
(iii) use in the production of new products;
materials that were not municipal waste;
may voluntarily submit a recycling activity report to the commissioner
concerning the person's recycling activity during the calendar year.
(b) The commissioner may include information reported to the
commissioner under this section in the annual reports that the
commissioner is required to submit under IC 4-23-5.5-6.
SECTION 93. IC 14-19-3-1, AS AMENDED BY SEA 15-2026,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. (a) The department may not charge a price of
admission to:
(1) inpatients of state or federally owned or operated hospitals or
institutions and their supervisors;
(2) foster families who reside together in the same foster family
home licensed under IC 31-27-4;
(3) individuals who meet the definition of foster youth set forth in
IC 31-9-2-47.3(a); IC 31-9-2.1-110(b); or
(4) a Gold Star family member who displays:
(A) an Indiana Gold Star family member license plate under
IC 9-18.5-33; or
(B) a free annual pass;
for the use of any property owned or managed by the department for
purposes of this article.
(b) If necessary, the department may adopt rules concerning the
appropriate form of identification or documentation required for
admission to a location described in subsection (a).
SECTION 94. IC 14-22-11-8, AS AMENDED BY P.L.155-2015,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 8. (a) This section does not apply to the following:
(1) A person who is:
(A) a resident of Indiana; and
(B) an individual born before April 1, 1943.
(2) A person who is less than eighteen (18) years of age.
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(3) A person who is legally blind.
(4) A person who is a resident patient of a state mental institution.
(5) A person who is:
(A) a resident of a health facility (as defined in
IC 16-18-2-167) licensed in Indiana; and
(B) taking part in a supervised activity of the health facility.
(6) A person who:
(A) is a resident of Indiana; and
(B) has a developmental disability (as defined by
IC 12-7-2-61). in IC 12-7-2.1-118).
(7) A person whose only participation in fishing is to assist an
individual described in subdivision (3), (4), (5), or (6).
(8) A resident of Indiana who fishes during a free sport fishing
day designated under IC 14-22-18.
(b) Every person must have a fishing license in the person's
possession when fishing in:
(1) waters containing state owned fish;
(2) waters of the state; or
(3) boundary waters of the state.
(c) Every person must have a valid electronically generated
trout-salmon stamp in the person's possession to legally fish for or take
trout or salmon in:
(1) waters containing state owned fish;
(2) waters of the state; or
(3) boundary waters of the state.
SECTION 95. IC 14-22-12-1.8, AS AMENDED BY P.L.233-2015,
SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1.8. (a) As used in this section, "individual with
special circumstances" means an individual who:
(1) has a developmental disability (as defined by IC 12-7-2-61);
in IC 12-7-2.1-118);
(2) is determined to be a student with a disability (as defined in
IC 20-35-1-8); or
(3) has a permanent disability as determined by rules adopted by
the department.
(b) As used in this section, "special circumstances hunter" means an
individual with special circumstances who hunts under a special
circumstances hunting safety card issued under this section.
(c) As used in this section, "special circumstances hunting safety
card" refers to the card issued to a special circumstances hunter.
(d) The department may issue a special circumstances hunting
safety card to a resident or nonresident who qualifies under the rules
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adopted by the department as authorized under this section.
(e) The commission shall establish the criteria for determining
qualifications for a special circumstances hunting safety card.
(f) A special circumstances hunter may hunt in Indiana if the special
circumstances hunter attends the course of instruction in hunter
education offered by the department or the department's agent under
IC 14-22-35.
(g) A special circumstances hunter must:
(1) comply with the requirements under this article, including
obtaining a valid hunting license issued under IC 14-22-11, and
the rules adopted by the department; and
(2) while hunting, be accompanied by an individual who:
(A) is at least eighteen (18) years of age; and
(B) holds a valid hunting license issued under IC 14-22-11.
(h) An individual described in subsection (g)(2) who accompanies
a special circumstances hunter:
(1) must be in close enough proximity to monitor the special
circumstances hunter's activities and communicate with the
special circumstances hunter at all times; and
(2) may not accompany more than two (2) holders of a special
circumstances hunting safety card at one (1) time.
(i) The department shall adopt rules under IC 4-22-2 to carry out
this section.
SECTION 96. IC 16-18-2-167, AS AMENDED BY P.L.117-2015,
SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 167. (a) "Health facility":
(1) except for purposes of IC 16-28-15, means a building, a
structure, an institution, or other place for the reception,
accommodation, board, care, or treatment extending beyond a
continuous twenty-four (24) hour period in a week of more than
four (4) individuals who need or desire such services because of
physical or mental illness, infirmity, or impairment; and
(2) for purposes of IC 16-28-15, has the meaning set forth in
IC 16-28-15-3.
(b) The term does not include the premises used for the reception,
accommodation, board, care, or treatment in a household or family, for
compensation, of a person related by blood to the head of the
household or family (or to the spouse of the head of the household or
family) within the degree of consanguinity of first cousins.
(c) The term does not include any of the following:
(1) Hotels, motels, or mobile homes when used as such.
(2) Hospitals or mental hospitals, except for that part of a hospital
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that provides long term care services and functions as a health
facility, in which case that part of the hospital is licensed under
IC 16-21-2, but in all other respects is subject to IC 16-28.
(3) Hospices that furnish inpatient care and are licensed under
IC 16-25-3.
(4) Institutions operated by the federal government.
(5) Foster family homes or day care centers.
(6) Schools for individuals who are deaf or blind.
(7) Day schools for individuals with an intellectual disability.
(8) Day care centers.
(9) Children's homes and child placement agencies.
(10) Offices of practitioners of the healing arts.
(11) Any institution in which health care services and private duty
nursing services are provided that is listed and certified by the
Commission for Accreditation of Christian Science Nursing
Organizations/Facilities, Inc.
(12) Industrial clinics providing only emergency medical services
or first aid for employees.
(13) A residential facility (as defined in IC 12-7-2-165).
IC 12-7-2.1-292).
(14) Maternity homes.
(15) Offices of Christian Science practitioners.
SECTION 97. IC 16-18-2-179, AS AMENDED BY HEA
1358-2026, SECTION 5, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 179. (a) "Hospital", except as
provided in subsections (b) through (h), means a hospital that is
licensed under IC 16-21-2.
(b) "Hospital", for purposes of IC 16-21, means an institution, a
place, a building, or an agency that holds out to the general public that
it is operated for hospital purposes and that it provides care,
accommodations, facilities, and equipment, in connection with the
services of a physician, to individuals who may need medical or
surgical services. The term does not include the following:
(1) Freestanding health facilities.
(2) Hospitals or institutions specifically intended to diagnose,
care, and treat the following:
(A) Individuals with a mental illness (as defined in
IC 12-7-2-117.6). IC 12-7-2.1-197).
(B) Individuals with developmental disabilities (as defined in
IC 12-7-2-61). IC 12-7-2.1-118).
(3) Offices of physicians where patients are not regularly kept as
bed patients.
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(4) Convalescent homes, boarding homes, or homes for the aged.
(5) Rural emergency hospitals.
(c) "Hospital", for purposes of IC 16-22-8, has the meaning set forth
in IC 16-22-8-5.
(d) "Hospital", for purposes of IC 16-23.5, has the meaning set forth
in IC 16-23.5-1-9.
(e) "Hospital" or "tuberculosis hospital", for purposes of IC 16-24,
means an institution or a facility for the treatment of individuals with
tuberculosis.
(f) "Hospital", for purposes of IC 16-34, means a hospital (as
defined in subsection (b)) that:
(1) is required to be licensed under IC 16-21-2; or
(2) is operated by an agency of the United States.
(g) "Hospital", for purposes of IC 16-38-7, means an institution, a
place, a building, or an agency that holds out to the general public that
it is operated for hospital purposes and that it provides care,
accommodations, facilities, and equipment, in connection with the
services of a physician, to individuals who may need medical or
surgical services. The term does not include the following:
(1) Freestanding health facilities.
(2) Long term acute care hospitals.
(3) Hospitals that do not provide emergency services.
(4) Hospitals or institutions specifically intended to diagnose,
care, and treat the following:
(A) Individuals with a mental illness.
(B) Individuals with developmental disabilities.
(5) Offices of physicians where patients are not regularly kept as
bed patients.
(6) Convalescent homes, boarding homes, or homes for the aged.
(7) Rehabilitation facilities.
(h) "Hospital", for purposes of IC 16-41-12, has the meaning set
forth in IC 16-41-12-6.
SECTION 98. IC 16-18-2-224.1, AS ADDED BY P.L.203-2017,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 224.1. "Medication assisted treatment" has the
meaning set forth in IC 12-7-2-128.7. IC 12-7-2.1-223.
SECTION 99. IC 16-18-2-225.6, AS ADDED BY P.L.210-2025,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 225.6. "Mental health facility", for purposes of
IC 16-31, means the following:
(1) A certified community behavioral health clinic (as defined in
IC 12-15-1.3-25(a)).
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(2) A community mental health center (as defined in
IC 12-7-2-38) IC 12-7-2.1-78) certified under
IC 12-21-2-3(5)(C).
SECTION 100. IC 16-18-2-344, AS AMENDED BY P.L.10-2019,
SECTION 68, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 344. "Superintendent", for purposes of IC 16-36-3,
has the meaning set forth in IC 12-7-2-188(3). IC 12-7-2.1-323(3).
SECTION 101. IC 16-21-14-1, AS ADDED BY P.L.133-2019,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. (a) This section and section 2 of this chapter do
not apply to the following:
(1) A hospital that primarily provides inpatient and outpatient
services to a pediatric population.
(2) A psychiatric hospital (as defined in IC 12-7-2-151).
IC 12-7-2.1-270).
(b) Each hospital shall adopt, implement, and periodically update
evidence based sepsis guidelines for the early recognition and
treatment of patients with sepsis, severe sepsis, or septic shock that are
based on generally accepted guidelines. The sepsis guidelines must
include components specific to the identification, care, and treatment
of adults.
SECTION 102. IC 16-32-4-2, AS ADDED BY P.L.56-2016,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. As used in this chapter, "developmental
disability" has the meaning set forth in IC 12-7-2-61. IC 12-7-2.1-118.
SECTION 103. IC 16-33-4-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 5. The Indiana Soldiers'
and Sailors' Children's Home is established as a state residential school
and home for the care of Indiana children who are in need of residential
care and would qualify for educational service. Preference shall be
given to the admission of children of members of the armed forces and
children of families of veterans who meet these admission criteria. A
child who requires residential placement in a secure facility (as defined
in IC 31-9-2-114), IC 31-9-2.1-222), a juvenile detention facility, or a
detention center for the safety of the child or others may not be placed
at the home.
SECTION 104. IC 16-35-2-10, AS AMENDED BY P.L.99-2007,
SECTION 159, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 10. (a) An individual who:
(1) has autism (as defined in IC 12-7-2-19(b));
IC 12-7-2.1-33(b)); and
(2) is less than twenty-one (21) years of age;
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has an eligible medical condition under this chapter.
(b) The state department shall extend all care, services, and
materials provided under this chapter to an individual described in
subsection (a) who meets any additional eligibility criteria established
by the state department under this chapter.
SECTION 105. IC 16-36-1.5-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 6. In order to comply
with this chapter, a mental health provider needs to obtain only one (1)
consent for mental health services for a patient while admitted in or
treated as an outpatient at the main facility or a clinic of any of the
following:
(1) A psychiatric hospital (as defined in IC 12-7-2-151).
IC 12-7-2.1-270).
(2) A hospital (as defined in IC 16-18-2-179(b)).
(3) A community mental health center (as defined in
IC 12-7-2-38). IC 12-7-2.1-78).
SECTION 106. IC 16-36-3-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 1. As used in this
chapter, "appropriate facility" has the meaning set forth in
IC 12-7-2-82(3). IC 12-7-2.1-149(3).
SECTION 107. IC 16-36-3-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 2. As used in this
chapter, "superintendent" has the meaning set forth in
IC 12-7-2-188(3). IC 12-7-2.1-323(3).
SECTION 108. IC 16-37-2-2, AS AMENDED BY P.L.138-2019,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. (a) A person in attendance at a live birth shall
do the following:
(1) File with the local health officer the following:
(A) A certificate of birth.
(B) Any paternity affidavit executed under section 2.1(c)(1) of
this chapter.
Except as provided in IC 16-37-1-3.1(f), the person in attendance
at a live birth shall use the Indiana birth registration system
established under IC 16-37-1-3.1 to electronically file a birth
certificate or paternity affidavit under this subdivision.
(2) Advise the mother of a child born out of wedlock of:
(A) the availability of paternity affidavits under section 2.1 of
this chapter; and
(B) the existence of the putative father registry established by
IC 31-19-5-2.
(b) If there was no person in attendance at the birth, one (1) of the
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parents shall file with the local health officer the following:
(1) A certificate of birth.
(2) Any paternity affidavit executed under section 2.1 of this
chapter.
(c) If:
(1) no person was in attendance at the birth and neither parent is
able to prepare the certificate; or
(2) the local health officer does not receive a certificate of birth;
the local health officer shall prepare a certificate of birth from
information secured from any person who has knowledge of the birth.
(d) A local health department shall inform the Title IV-D agency (as
defined in IC 31-9-2-130) IC 31-9-2.1-244) regarding each paternity
affidavit executed under section 2.1 of this chapter that the local health
department receives under this section.
(e) A paternity affidavit executed under section 2.1(c)(1) of this
chapter shall be filed with the local health officer not more than five (5)
days after the child's birth.
(f) An attorney or agency that arranges an adoption may at any time
request that the state department search its records to determine
whether a man executed a paternity affidavit under section 2.1 of this
chapter in relation to a child who is or may be the subject of an
adoption that the attorney or agency is arranging.
(g) Not more than ten (10) days after receiving a request from an
attorney or agency under subsection (f), the state department shall
submit an affidavit to the attorney or agency verifying whether a
paternity affidavit has been filed under this section. If a paternity
affidavit has been filed regarding a child who is the subject of a request
under subsection (f), the state department shall release a copy of the
paternity affidavit to the requesting attorney or agency.
SECTION 109. IC 16-39-2-6, AS AMENDED BY SEA 222-2026,
SECTION 94, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 6. (a) Without the consent of the patient, the
patient's mental health record may only be disclosed as follows:
(1) To individuals who meet the following conditions:
(A) Are employed by:
(i) the provider at the same facility or agency;
(ii) a managed care provider (as defined in IC 12-7-2-127);
IC 12-7-2.1-219); or
(iii) a health care provider or mental health care provider, if
the mental health records are needed to provide health care
or mental health services to the patient.
(B) Are involved in the planning, provision, and monitoring of
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services.
(2) To the extent necessary to obtain payment for services
rendered or other benefits to which the patient may be entitled, as
provided in IC 16-39-5-3.
(3) To the patient's court appointed counsel and to the Indiana
protection and advocacy services commission.
(4) For research conducted in accordance with IC 16-39-5-3 and
the rules of the division of mental health and addiction, the rules
of the division of disability, aging, and rehabilitative services, the
rules of the provider, or the rules of the Indiana archives and
records administration and the oversight committee on public
records.
(5) To the division of mental health and addiction for the purpose
of data collection, research, and monitoring managed care
providers (as defined in IC 12-7-2-127) IC 12-7-2.1-219) who are
operating under a contract with the division of mental health and
addiction.
(6) To the extent necessary to make reports or give testimony
required by the statutes pertaining to admissions, transfers,
discharges, and guardianship proceedings.
(7) To a law enforcement agency if any of the following
conditions are met:
(A) A patient escapes from a facility to which the patient is
committed under IC 12-26.
(B) The superintendent of the facility determines that failure
to provide the information may result in bodily harm to the
patient or another individual.
(C) A patient commits or threatens to commit a crime on
facility premises or against facility personnel.
(D) A patient is in the custody of a law enforcement officer or
agency for any reason and:
(i) the information to be released is limited to medications
currently prescribed for the patient or to the patient's history
of adverse medication reactions; and
(ii) the provider determines that the release of the
medication information will assist in protecting the health,
safety, or welfare of the patient.
Mental health records released under this clause must be
maintained in confidence by the law enforcement agency
receiving them.
(8) To a coroner or medical examiner, in the performance of the
individual's duties.
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(9) To a school in which the patient is enrolled if the
superintendent of the facility determines that the information will
assist the school in meeting educational needs of the patient.
(10) To the extent necessary to satisfy reporting requirements
under the following statutes:
(A) IC 12-10-3-10.
(B) IC 12-24-17-5.
(C) IC 16-41-2-3.
(D) IC 16-49-3-3.
(E) IC 16-49-4-5.
(F) IC 16-49-6-6.
(G) IC 16-49.5-2-6.
(H) IC 16-50-1-8.
(I) IC 31-25-3-2.
(J) IC 31-33-5-4.
(K) IC 34-30-16-2.
(L) IC 35-46-1-13.
(11) To the extent necessary to satisfy release of information
requirements under the following statutes:
(A) IC 12-24-11-2.
(B) IC 12-24-12-3, IC 12-24-12-4, and IC 12-24-12-6.
(C) IC 12-26-11.
(12) To another health care provider in a health care emergency.
(13) For legitimate business purposes as described in
IC 16-39-5-3.
(14) Under a court order under IC 16-39-3.
(15) With respect to records from a mental health or
developmental disability facility, to the United States Secret
Service if the following conditions are met:
(A) The request does not apply to alcohol or drug abuse
records described in 42 U.S.C. 290dd-2 unless authorized by
a court order under 42 U.S.C. 290dd-2(b)(2)(c).
(B) The request relates to the United States Secret Service's
protective responsibility and investigative authority under 18
U.S.C. 3056, 18 U.S.C. 871, or 18 U.S.C. 879.
(C) The request specifies an individual patient.
(D) The director or superintendent of the facility determines
that disclosure of the mental health record may be necessary
to protect a person under the protection of the United States
Secret Service from serious bodily injury or death.
(E) The United States Secret Service agrees to only use the
mental health record information for investigative purposes
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and not disclose the information publicly.
(F) The mental health record information disclosed to the
United States Secret Service includes only:
(i) the patient's name, age, and address;
(ii) the date of the patient's admission to or discharge from
the facility; and
(iii) any information that indicates whether or not the patient
has a history of violence or presents a danger to the person
under protection.
(16) To the statewide bureau of disabilities services ombudsman
established under IC 12-11-13, in the performance of the
ombudsman's duties.
(b) If a licensed mental health professional, a licensed paramedic,
a representative of a mobile integrated healthcare program (as
described in IC 16-31-12), or a representative of a mental health
community paramedicine program in the course of rendering a
treatment intervention, determines that a patient may be a harm to
himself or herself or others, the licensed mental health professional, the
licensed paramedic, the representative of the mobile integrated
healthcare program (as described in IC 16-31-12), or the representative
of the mental health community paramedicine program may request a
patient's individualized mental health safety plan from a psychiatric
crisis center, psychiatric inpatient unit, or psychiatric residential
treatment provider. Each psychiatric crisis center, psychiatric inpatient
unit, and psychiatric residential treatment provider shall, upon request
and without the consent of the patient, share a patient's individualized
mental health safety plan that is in the standard format established by
the division of mental health and addiction under IC 12-21-5-6 with the
following individuals who demonstrate proof of licensure and commit
to protecting the information in compliance with state and federal
privacy laws:
(1) A licensed mental health professional.
(2) A licensed paramedic.
(3) A representative of a mobile integrated healthcare program (as
described in IC 16-31-12).
(4) A representative of a mental health community paramedicine
program.
An individualized mental health safety plan disclosed under this
subsection may be used only to support a patient's welfare and safety
and is considered otherwise confidential information under applicable
state and federal laws.
(c) After information is disclosed under subsection (a)(15) and if the
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patient is evaluated to be dangerous, the records shall be interpreted in
consultation with a licensed mental health professional on the staff of
the United States Secret Service.
(d) A person who discloses information under subsection (a)(7),
(a)(15), or (b) in good faith is immune from civil and criminal liability.
SECTION 110. IC 16-39-11-4.5, AS ADDED BY P.L.1-2022,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 4.5. (a) As used in this chapter, "Indiana
governmental entity" means:
(1) the state (as defined in IC 5-11-1-16(b));
(2) a state educational institution (as defined in IC 21-7-13-32);
(3) a political subdivision (as defined in IC 36-1-2-13); or
(4) a public school corporation (as defined in IC 4-4-38.5-6.2).
(b) The term does not include the following:
(1) A state institution (as defined in IC 12-7-2-184).
IC 12-7-2.1-318).
(2) A hospital organized or operated under IC 16-22-1 through
IC 16-22-5, IC 16-22-8, or IC 16-23-1.
SECTION 111. IC 16-41-21.2-2, AS ADDED BY P.L.125-2023,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. As used in this chapter, "child care facility"
means any of the following:
(1) A child care center (as defined in IC 12-7-2-28.4).
IC 12-7-2.1-55).
(2) A child care home (as defined in IC 12-7-2-28.6).
IC 12-7-2.1-57).
SECTION 112. IC 16-41-21.2-3, AS ADDED BY P.L.125-2023,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3. As used in this chapter, "preschool" has the
meaning set forth in IC 12-7-2-143.5. IC 12-7-2.1-258.
SECTION 113. IC 16-41-40-5, AS AMENDED BY P.L.145-2006,
SECTION 145, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 5. (a) A program established under
this chapter must include the distribution of readily understandable
information and instructional materials regarding childhood hazards.
Information concerning shaken baby syndrome, must explain its
medical effects on infants and children and emphasize preventive
measures.
(b) The information and instructional materials described in
subsection (a) concerning shaken baby syndrome must be provided
without cost by the following:
(1) Each hospital licensed under IC 16-21, to a parent or guardian
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of each newborn upon discharge from the hospital.
(2) The department of child services to each provider (as defined
in IC 12-7-2-149.1 IC 12-7-2.1-267 or IC 31-9-2-99.3)
IC 31-9-2.1-193) when:
(A) the provider applies for a license from the division or the
department of child services under IC 12-17.2 or IC 31-27; or
(B) the division or the department of child services inspects a
facility operated by a provider.
SECTION 114. IC 16-42-5.2-3, AS AMENDED BY P.L.139-2005,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3. This chapter does not apply to the following:
(1) Hospitals licensed under IC 16-21.
(2) Health facilities licensed under IC 16-28.
(3) Housing with services establishments that are required to file
disclosure statements under IC 12-10-15.
(4) Continuing care retirement communities required to file
disclosure statements under IC 23-2-4.
(5) Community mental health centers (as defined in
IC 12-7-2-38). IC 12-7-2.1-78).
(6) Private mental health institutions licensed under IC 12-25.
(7) An area agency on aging designated under IC 12-10-1 that
provides food under a nutrition service program. However, the
premises where the food is prepared is not exempt from the
requirements under this chapter.
(8) A food pantry that:
(A) is operated or affiliated with a nonprofit organization that
is exempt from federal income taxation under Section
501(c)(3) of the Internal Revenue Code; and
(B) distributes food, which may include food from the United
States Department of Agriculture, to needy persons.
However, a food bank or other facility that distributes donated
food to other organizations is not exempt from the requirements
of this chapter.
SECTION 115. IC 20-18-2-9, AS AMENDED BY P.L.99-2007,
SECTION 161, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 9. "Individualized education
program" means a written statement developed for a child by a group
that includes:
(1) a representative of the school corporation or public agency
responsible for educating the child;
(2) the child's teacher;
(3) the child's parent, guardian, or custodian;
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(4) if appropriate, the child; and
(5) if the provision of services for a child with a serious emotional
disability is considered, a mental health professional provided by:
(A) the community mental health center (as described in
IC 12-29); or
(B) a managed care provider (as defined in IC 12-7-2-127(b));
IC 12-7-2.1-267(5));
serving the community in which the child resides;
and that describes the special education to be provided to the child.
SECTION 116. IC 20-19-3-17, AS AMENDED BY P.L.214-2025,
SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 17. (a) As used in this section, "foster care" has
the meaning set forth in IC 31-9-2-46.7. IC 31-9-2.1-107.
(b) As used in this section, "foster care youth" means students in
foster care.
(c) As used in this section, "graduation rate" has the meaning set
forth in IC 20-26-13-6.
(d) The state board shall, in collaboration with the department and
the department of child services, annually prepare a report on foster
care youth educational outcomes that includes the following:
(1) The annual graduation rate of foster care youth, including the
following information:
(A) The graduation rate for each of the following:
(i) Foster care youth who received a waiver from
postsecondary readiness competency requirements under
IC 20-32-4-4.1.
(ii) Foster care youth who did not receive a waiver from
postsecondary readiness competency requirements under
IC 20-32-4-4.1.
(B) The number and percentage of foster care youth who
received each type of diploma.
(2) The adjusted cohort graduation rate for foster care youth,
including the adjusted cohort graduation rate for each of the
following:
(A) Foster care youth who received a waiver from
postsecondary readiness competency requirements under
IC 20-32-4-4.1.
(B) Foster care youth who did not receive a waiver from
postsecondary readiness competency requirements under
IC 20-32-4-4.1.
(3) The number and percentage for each of the following:
(A) Foster care youth who were promoted to the next grade
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level at the end of the school year.
(B) Foster care youth who were retained in the same grade
level for the next school year.
(C) Foster care youth who were suspended during the school
year.
(D) Foster care youth who were expelled during the school
year.
(E) Foster care youth who met academic standards on
statewide assessment program tests (as defined in
IC 20-32-2-2.3) administered during the school year.
The information reported under this subdivision must also be
disaggregated by race, grade, gender, free or reduced price lunch
status, and eligibility for special education.
(4) The number and percentage of eligible foster care youth who
are enrolled in the prekindergarten program under IC 12-17.2-7.2.
(5) The number and percentage of foster care youth who passed
the reading skills evaluation administered under IC 20-32-8.5-2.
(6) The number and percentage of foster care youth enrolled in
schools, disaggregated by the category or designation of the
school under IC 20-31-8-3.
(7) The number and percentage of foster care youth enrolled in
schools, disaggregated by the type of school, including public
schools, charter schools, and secure private facilities (as defined
in IC 31-9-2-115). IC 31-9-2.1-223).
(e) Not later than April 1 of each year, the department shall submit
the report described in subsection (d) to the following:
(1) Department of child services.
(2) Legislative council in an electronic format under IC 5-14-6.
SECTION 117. IC 20-19-3-18, AS AMENDED BY P.L.214-2025,
SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 18. (a) As used in this section, "graduation rate"
has the meaning set forth in IC 20-26-13-6.
(b) The state board shall, in collaboration with the department and
the department of child services, annually prepare a report on homeless
youth educational outcomes that includes the following:
(1) The annual graduation rate of homeless youth, including the
following information:
(A) The graduation rate for each of the following:
(i) Homeless youth who received a waiver from
postsecondary readiness competency requirements under
IC 20-32-4-4.1.
(ii) Homeless youth who did not receive a waiver from
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postsecondary readiness competency requirements under
IC 20-32-4-4.1.
(B) The number and percentage of homeless youth who
received each type of diploma.
(2) The adjusted cohort graduation rate for homeless youth,
including the adjusted cohort graduation rate for each of the
following:
(A) Homeless youth who received a waiver from
postsecondary readiness competency requirements under
IC 20-32-4-4.1.
(B) Homeless youth who did not receive a waiver from
postsecondary readiness competency requirements under
IC 20-32-4-4.1.
(3) The number and percentage of each of the following:
(A) Homeless youth who were promoted to the next grade
level at the end of the school year.
(B) Homeless youth who were retained in the same grade level
for the next school year.
(C) Homeless youth who were suspended during the school
year.
(D) Homeless youth who were expelled during the school year.
(E) Homeless youth who met academic standards on statewide
assessment program tests (as defined in IC 20-32-2-2.3)
administered during the school year.
The information reported under this subdivision must also be
disaggregated by race, grade, gender, free or reduced price lunch
status, and eligibility for special education.
(4) The number and percentage of eligible homeless youth who
are enrolled in the prekindergarten program under IC 12-17.2-7.2.
(5) The number and percentage of homeless youth who passed the
reading skills evaluation administered under IC 20-32-8.5-2.
(6) The number and percentage of homeless youth enrolled in
schools, disaggregated by the category or designation of the
school under IC 20-31-8-3.
(7) The number and percentage of homeless youth enrolled in
schools, disaggregated by the type of school, including public
schools, charter schools, and secure private facilities (as defined
in IC 31-9-2-115). IC 31-9-2.1-223).
(c) Not later than June 1 of each year, the department shall submit
the report described in subsection (b) to the following:
(1) The Indiana housing and community development authority.
(2) The legislative council in an electronic format under
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IC 5-14-6.
SECTION 118. IC 20-26-11-11.5, AS AMENDED BY P.L.93-2024,
SECTION 140, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 11.5. (a) The following definitions
apply to this section:
(1) "ADM" means average daily membership (as defined in
IC 20-18-2-2).
(2) "Facility" means a secure private facility described in
IC 31-9-2-115(a)(1). IC 31-9-2.1-223(a)(1).
(3) "School corporation" means the Indiana school or charter
school that is receiving state tuition support for the student at the
time of the student's admission to the facility.
(4) "Student" means an individual who:
(A) is more than five (5) years of age and less than
twenty-three (23) years of age;
(B) has been admitted to a facility; and
(C) was enrolled in a school corporation during the school year
immediately preceding the student's admission to the facility.
(b) This section applies to a student if:
(1) the student is placed in a facility under the written order of a
physician licensed under IC 25-22.5;
(2) the written order of the physician licensed under IC 25-22.5
is based on medical necessity, as determined by a physician
licensed under IC 25-22.5; and
(3) the student receives educational services provided by the
facility.
(c) A facility shall provide written notice to the school corporation
not later than five (5) business days (excluding weekends and holidays)
after a student described in subsection (b) is admitted to the facility.
The written notice must include the following:
(1) The student's name, address, and date of birth.
(2) The date on which the student was admitted to the facility.
(3) A copy of the physician's written order.
(4) A statement that the student has opted out of attending school
under section 8 of this chapter.
(5) A statement that the facility will provide all educational
services to the student during the student's admission in the
facility.
(d) The school corporation shall pay the facility a daily per diem as
determined under subsection (e) for the educational services provided
by the facility to the student during the student's admission in the
facility. The school corporation may not be required to pay for any
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educational services provided to the student by the facility exceeding
one hundred eighty (180) instructional days or an amount exceeding
the student's proportionate share of state distributions paid to the school
corporation, as determined under subsection (e).
(e) A school corporation shall pay to the facility an amount, prorated
according to the number of instructional days for which the student
receives the educational services, equal to:
(1) the student's proportionate share (as compared to the school
corporation's total ADM) of basic tuition support (as determined
under IC 20-43-6-3) distributions that are made to the school
corporation for the school year; and
(2) any special education grants received by the school
corporation for the student under IC 20-43-7.
Upon request of a facility, the department shall verify the amounts
described in this subsection for a student admitted to the facility.
(f) A school corporation responsible for making a per diem payment
under this section shall pay the facility not later than sixty (60) days
after receiving an invoice from the facility. The school corporation and
the facility are entitled to the same remedies for disagreements over
amounts or nonpayment of an amount due as are provided under the
laws governing transfer tuition.
(g) For each student admitted to a facility, the facility shall provide
the following in accordance with rules adopted by the state board:
(1) An educational opportunity, including special education and
related services, that is comparable to that of a student attending
a school in the school corporation.
(2) A level of educational services from the facility that is
comparable to that of a student attending a school in the school
corporation.
(3) Unless otherwise provided in a student's individualized
education program (as defined in IC 20-18-2-9), educational
services that include at least the following:
(A) An instructional day that meets the requirements of
IC 20-30-2-2.
(B) A school year with at least one hundred eighty (180)
student instructional days as provided under IC 20-30-2-3.
(C) Educationally appropriate textbooks and other materials.
(D) Educational services provided by licensed teachers.
(h) The state board shall adopt a rule under IC 4-22-2 that addresses
the responsibilities of the school corporation and the facility with
regard to a student with an individualized education program.
(i) This section does not limit a student's right to attend a school as
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provided in section 8 of this chapter.
(j) The state board shall adopt rules under IC 4-22-2 as necessary to
implement this section.
SECTION 119. IC 20-27-9-7, AS AMENDED BY P.L.2-2017,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 7. (a) As used in this section, "developmental
disability" has the meaning set forth in IC 12-7-2-61. IC 12-7-2.1-118.
(b) A special education cooperative operating under IC 36-1-7,
IC 20-35-5, or IC 20-26-10 or a school corporation may enter into an
agreement with an agency or organization serving persons with a
developmental disability in which a school bus or special purpose bus
used by the special education cooperative or school corporation may be
used to transport persons with a developmental disability who are at
least two (2) years of age to and from programs for persons with a
developmental disability.
(c) An increased cost of transportation for persons with a
developmental disability shall be borne by the persons transported or
the agency or organization serving persons with a developmental
disability. However, a person with a developmental disability may not
be required to pay for transportation provided under this section if the
required payment is contrary to law.
SECTION 120. IC 20-27-12-0.3, AS ADDED BY P.L.167-2018,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 0.3. As used in this chapter, "foster care" has the
meaning set forth in IC 31-9-2-46.7. IC 31-9-2.1-107.
SECTION 121. IC 20-33-2.5-4, AS ADDED BY P.L.125-2024,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 4. Each governing authority shall adopt a truancy
prevention policy regarding absent students that includes the following:
(1) A school shall immediately provide written notification to the
parent of an absent student that includes the following
information:
(A) That the student is an absent student based on the student's
school attendance.
(B) That the parent is responsible for:
(i) monitoring the absent student's school attendance; and
(ii) ensuring the absent student attends school in accordance
with compulsory attendance laws.
(C) That the school will be initiating truancy prevention
measures regarding the absent student.
(D) That the parent is required to attend an attendance
conference regarding the truancy prevention measures that the
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school will be implementing for the absent student.
(E) That, if the student meets the requirements of a habitual
truant, the:
(i) superintendent or attendance officer of the school is
required to report the student to an intake officer of the
juvenile court or the department of child services in
accordance with IC 20-33-2-25;
(ii) juvenile court may determine that the student is
committing a delinquent act as provided under IC 31-37-2-3;
and
(iii) parent of the student may be subject to prosecution
under IC 35-46-1-4.
(2) Except as provided under section 5 of this chapter, a school
shall hold an attendance conference with at least the following
individuals to discuss the student's absences and establish a plan
for the student to prevent future absences:
(A) A representative of the school.
(B) A teacher of the student.
(C) The student's parent.
(D) A representative chosen by the student's parent who may
provide insight into the student's absenteeism if the student's
parent:
(i) makes a request to the school that the representative
attend; and
(ii) provides notice to the school regarding the identification
of the representative;
at least forty-eight (48) hours before the attendance
conference.
(3) A school shall establish a plan under subdivision (2) that may
include the following:
(A) Any wraparound services that are able to be provided to
the absent student to ensure the absent student attends school.
(B) A specific description of the behavior that is required or
prohibited for the absent student.
(C) The period for which the plan will be effective, not to
exceed forty-five (45) instructional days after the date the plan
is established.
(D) Any additional disciplinary action the school will take if
the absent student does not comply with the plan.
(E) If applicable, a referral to counseling, mentoring, or other
services for the student.
(F) If applicable, whether a parent is expected to attend the
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counseling, mentoring, or other services under clause (E) with
the student.
(G) To the extent possible, the signature of the parent of the
student agreeing to comply with the plan.
(4) A school shall offer additional counseling or services to an
absent student if the school determines that the student's absences
are related to any of the following:
(A) The student's pregnancy.
(B) That the student is in foster care (as defined in
IC 31-9-2-46.7). IC 31-9-2.1-107).
(C) That the student is homeless.
(D) That the student has a severe or life threatening illness or
related treatment.
SECTION 122. IC 20-35-6-2, AS AMENDED BY P.L.245-2023,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. (a) The secretary of education may contract
with in-state or out-of-state public and private schools, state agencies,
or child caring institutions (as defined in IC 12-7-2-29(1))
IC 12-7-2.1-60(1)) to pay, with any funds appropriated for this
purpose, the excess costs of educating children of school age:
(1) who have been identified as eligible for special education
services; and
(2) whose disability is of such intensity as to preclude
achievement in the existing local public school setting.
The state shall pay the costs of the services that exceed the amount a
school corporation is required to pay, as determined by the department
under subsection (b).
(b) The department shall determine the amount a school corporation
must pay before the state will pay excess costs described in subsection
(a). At a minimum, school corporations shall pay their share of the total
tuition costs for children with disabilities served under this section.
(c) The state board shall adopt rules under IC 4-22-2 necessary to
implement this section.
(d) Money appropriated for the purposes of this section does not
revert to the state general fund.
SECTION 123. IC 20-50-3-1.1, AS ADDED BY P.L.46-2016,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1.1. As used in this chapter, "foster care" has the
meaning set forth in IC 31-9-2-46.7. IC 31-9-2.1-107.
SECTION 124. IC 20-51.4-5.5-4, AS AMENDED BY
P.L.213-2025, SECTION 237, IS REPEALED [EFFECTIVE JULY 1,
2026]. Sec. 4. (a) If it is reasonably expected by the department that a
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CSA participating entity will receive, from payments made under the
CSA program, more than one hundred thousand dollars ($100,000)
during a particular school year, the CSA participating entity shall, on
or before a date prescribed by the department, provide the department
evidence, in a manner prescribed by the department, indicating that the
CSA participating entity has unencumbered assets sufficient to pay the
department an amount equal to the amount expected to be paid to the
CSA participating entity under the CSA program during the particular
school year.
(b) Each CSA participating entity that accepts payments made from
a CSA account under this article shall provide a receipt to the parent of
a career scholarship student or to the emancipated career scholarship
student for each payment made.
SECTION 125. IC 21-12-6-5, AS AMENDED BY P.L.186-2025,
SECTION 118, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 5. (a) Unless a student qualifies
under subsection (b), to qualify to participate in the program, a student
must meet the following requirements:
(1) Be a resident of Indiana.
(2) Be:
(A) enrolled in grade 7 or 8 at a:
(i) public school; or
(ii) nonpublic school that is accredited either by the Indiana
state board of education or by a national or regional
accrediting agency whose accreditation is accepted as a
school improvement plan under IC 20-31-4.1-2; or
(B) otherwise qualified under the rules of the commission that
are adopted under IC 21-18.5-4-9(2) to include students who
are in grades other than grade 8 as eligible students.
(3) Be a member of a household with an annual income of not
more than the amount required for the individual to qualify for
free or reduced price lunches under the national school lunch
program, as determined for the immediately preceding taxable
year for the household for which the student was claimed as a
dependent.
(4) Agree that the student will:
(A) graduate from a secondary school located in Indiana that
meets the admission criteria of an eligible institution;
(B) not illegally use controlled substances (as defined in
IC 35-48-1.1-7);
(C) not commit a crime or an infraction described in
IC 9-30-5;
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(D) not commit any other crime or delinquent act (as described
in IC 31-37-1-2 or IC 31-37-2-2 through IC 31-37-2-5 (or
IC 31-6-4-1(a)(1) through IC 31-6-4-1(a)(5) before their
repeal));
(E) timely apply, when the eligible student is a senior in high
school:
(i) for admission to an eligible institution; and
(ii) for any federal and state student financial assistance
available to the eligible student to attend an eligible
institution;
(F) achieve a cumulative grade point average upon graduation
of:
(i) at least 2.0, if the student graduates from high school
before July 1, 2014; and
(ii) at least 2.5, if the student graduates from high school
after June 30, 2014;
on a 4.0 grading scale (or its equivalent if another grading
scale is used) for courses taken during grades 9, 10, 11, and
12; and
(G) complete an academic success program required under the
rules adopted by the commission, if the student initially enrolls
in high school after June 30, 2013.
(b) A student qualifies to participate in the program if the student:
(1) before or during grade 7 or grade 8, is placed by or with the
consent of the department of child services, by a court order, or by
a child placing agency in:
(A) a foster family home;
(B) the home of a relative or other unlicensed caretaker;
(C) a child caring institution; or
(D) a group home;
(2) meets the requirements in subsection (a)(1) through (a)(2);
and
(3) agrees in writing, together with the student's caseworker (as
defined in IC 31-9-2-11) IC 31-9-2.1-29) or legal guardian, to the
conditions set forth in subsection (a)(4).
(c) The commission may require that an applicant apply
electronically to participate in the program using an online Internet
application on the commission's website.
SECTION 126. IC 21-12-6-14, AS AMENDED BY P.L.107-2012,
SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 14. (a) This section applies to a student described
in section 5(b) of this chapter.
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(b) A caseworker (as defined in IC 31-9-2-11) IC 31-9-2.1-29) shall
provide each student to whom the caseworker is assigned information
concerning the program at the appropriate time for the student to
receive the information, shall explain the program to the student, and
shall provide the student with information concerning:
(1) Pell grants;
(2) Chafee grants;
(3) federal supplemental grants;
(4) the Free Application for Federal Student Aid;
(5) individual development accounts (as described under
IC 4-4-28); and
(6) the commission for higher education's programs under
IC 21-18.5-3-1.
(c) A student who receives information under this section shall sign
a written acknowledgment that the student received the information.
The written acknowledgment must be placed in the student's case file.
SECTION 127. IC 21-12-6-15, AS ADDED BY P.L.39-2010,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 15. A caseworker (as defined in IC 31-9-2-11)
IC 31-9-2.1-29) shall provide each foster parent of a student described
in section 5(b) of this chapter to whom the caseworker is assigned
information concerning individual development accounts (as described
under IC 4-4-28).
SECTION 128. IC 21-18-20-5, AS AMENDED BY P.L.213-2025,
SECTION 250, IS REPEALED [EFFECTIVE JULY 1, 2026]. Sec. 5.
(a) The commission shall develop and implement a comprehensive
career navigation and coaching system for Indiana that does both of the
following:
(1) Provides timely, comprehensive, relevant, and useful
information on careers, including at least:
(A) general and industry sector based regional, state, national,
and global information to identify both immediate and
potential career opportunities arising from:
(i) current employer needs;
(ii) developing or foreseeable talent needs and trends; and
(iii) other factors identified by the commission;
(B) state, regional, and local labor market supply and demand
information from the department of workforce development,
industry sectors, and other verifiable sources; and
(C) educational requirements and attainment information from
employers, the department of workforce development, and
other verifiable sources.
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(2) Establishes strategies and identifies capacity to deliver career
navigation and coaching to kindergarten through grade 12
students, including at least:
(A) processes for identifying an individual's aptitude for and
interest in, and the education and training required for, various
career and employment opportunities;
(B) the use of approved intermediaries, career coaches, and
other coaching resources;
(C) qualifications for career coaches and a training program to
enable the career coaches to provide relevant information to
the individuals being served;
(D) the incorporation and ongoing usage of Internet based
systems that are interoperable with the comprehensive career
navigation and coaching system; and
(E) career exploration, engagement, and experience.
(b) All high schools in Indiana may participate in the comprehensive
career navigation and coaching system developed under subsection (a).
(c) In developing and implementing the comprehensive career
navigation and coaching system described in subsection (a), the
commission shall:
(1) work in consultation with, and receive cooperation, support,
and assistance from:
(A) the department of workforce development, governor's
workforce cabinet, and department; and
(B) the resources, providers, and institutions that the
department of workforce development, and department use
and oversee;
(2) explore approaches and models from Indiana and other states
and countries;
(3) where appropriate, use pilot programs or other scaling
approaches to develop and implement the comprehensive career
navigation and coaching system in a cost effective and efficient
manner; and
(4) initially focus on students enrolled in high school.
SECTION 129. IC 22-3-2-2.3, AS AMENDED BY SEA 222-2026,
SECTION 108, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 2.3. (a) As used in this section,
"volunteer worker" means a person who:
(1) performs services:
(A) for a state institution (as defined in IC 12-7-2-184);
IC 12-7-2.1-318); and
(B) for which the person does not receive compensation of any
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nature; and
(2) has been approved and accepted as a volunteer worker by the
director of:
(A) the division of disability, aging, and rehabilitative
services; or
(B) the division of mental health and addiction.
(b) Services of any nature performed by a volunteer worker for a
state institution (as defined in IC 12-7-2-184) IC 12-7-2.1-318) are
governmental services. A volunteer worker is subject to the medical
benefits described under this chapter through IC 22-3-6. However, a
volunteer worker is not under this chapter through IC 22-3-6.
SECTION 130. IC 22-4-2-30, AS AMENDED BY P.L.56-2023,
SECTION 206, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 30. For all purposes of this article,
the term "hospital" means:
(1) an institution defined in IC 16-18-2-179(b) and licensed by the
Indiana department of health; or
(2) a state institution (as defined in IC 12-7-2-184).
IC 12-7-2.1-318).
SECTION 131. IC 22-4-14-3, AS AMENDED BY SEA 214-2026,
SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3. (a) A claimant who is receiving benefits as
determined under IC 22-4-15-1(c)(8) may restrict the claimant's
availability because of the claimant's need to address the physical,
psychological, or legal effects of being a victim of domestic or family
violence (as defined in IC 31-9-2-42). IC 31-9-2.1-84).
(b) An unemployed claimant shall be eligible to receive benefits
with respect to any week only if the claimant:
(1) is physically and mentally able to work;
(2) is available for work;
(3) is found by the department to be actively making an effort to
secure full-time work; and
(4) participates in reemployment services and reemployment and
eligibility assessment activities when directed by the department
as provided under sections 3.2 and 3.5 of this chapter, unless the
department determines that:
(A) the claimant has completed the reemployment services; or
(B) failure by the claimant to participate in or complete the
reemployment services is excused by the director under
IC 22-4-14-2(b).
(c) For the purpose of this article, unavailability for work of a
claimant exists in, but is not limited to, any case in which, with respect
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to any week, it is found:
(1) that the claimant is engaged by any unit, agency, or
instrumentality of the United States, in charge of public works or
assistance through public employment, or any unit, agency, or
instrumentality of this state, or any political subdivision thereof,
in charge of any public works or assistance through public
employment;
(2) that the claimant is in full-time active military service of the
United States, or is enrolled in civilian service as a conscientious
objector to military service;
(3) that the claimant is suspended for misconduct in connection
with the the claimant's work; or
(4) that the claimant is in attendance at a regularly established
public or private school during the customary hours of the
claimant's occupation or is in any vacation period intervening
between regular school terms during which the claimant is a
student. However, this subdivision does not apply to any claimant
who is attending a regularly established school, has been regularly
employed and upon becoming unemployed makes an effort to
secure full-time work and is available for suitable full-time work
with the claimant's last employer, or is available for any other
full-time employment deemed suitable.
(d) Notwithstanding any other provisions in this section or
IC 22-4-15-2, no otherwise eligible claimant shall be denied benefits
for any week because the claimant is in training with the approval of
the department, nor shall the claimant be denied benefits with respect
to any week in which the claimant is in training with the approval of
the department by reason of the application of the provisions of this
section with respect to the availability for work or active search for
work or by reason of the application of the provisions of IC 22-4-15-2
relating to failure to apply for, or the refusal to accept, suitable work.
The department may by rule prescribe the conditions under which
approval of such training will be granted.
(e) Notwithstanding subsection (b), (c), or (d), or IC 22-4-15-2, an
otherwise eligible claimant shall not be denied benefits for any week
or determined not able, available, and actively seeking work, because
the claimant is responding to a summons for jury service. The claimant
shall:
(1) obtain from the court proof of the claimant's jury service; and
(2) provide to the department, in the manner the department
prescribes by rule, proof of the claimant's jury service.
(f) If an otherwise eligible claimant is unable to work or unavailable
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for work on any normal work day of the week, the claimant shall be
eligible to receive benefits with respect to such week reduced by
one-third (1/3) of the claimant's weekly benefit amount for each day of
such inability to work or unavailability for work.
(g) A claimant has made an effort to secure full-time work with
respect to any week in which any of the following apply:
(1) The claimant has completed activities directed by the
department under sections 3.2 and 3.5 of this chapter.
(2) The claimant has performed at least two (2) acceptable work
search activities, including any work search activities provided by
the department to the claimant through the claimant's uplink home
page.
(3) The claimant has affirmed that the claimant has made an effort
to secure full-time work.
(4) The claimant applies to, and accepts if offered, suitable jobs
referred to the claimant by the department.
(h) For purposes of this section, acceptable work search activities
may include:
(1) creating a reemployment plan, in conjunction with a work one
office;
(2) creating a resume;
(3) uploading the claimant's resume to Indiana career connect;
(4) registering for work with Indiana career connect, a placement
firm, temporary work agencies, or an educational institution with
job placement offices;
(5) using online career tools reasonably expected to improve the
claimant's likelihood of finding employment;
(6) logging on and looking for work in Indiana career connect;
(7) using reemployment services in a work one center or
completing similar online or self-service activities;
(8) completing job applications for employers that have, or are
reasonably expected to have, job openings, or following through
on job referrals or job development attempts, as directed by state
workforce or unemployment insurance staff;
(9) applying for or participating in employment and training
services provided by partner programs in work one centers;
(10) creating a personal user profile on a professional networking
site appropriate for the claimant's prior training and experience;
(11) participating in work related networking events;
(12) making contacts or in person visits to employers that have,
or are reasonably expected to have, job openings;
(13) taking a civil service exam; or
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(14) going on interviews with employers virtually or in person.
(i) For purposes of this section, the department will determine
whether work is suitable on a case by case basis pursuant to the criteria
set forth in IC 22-4-15-2. The following apply with respect to suitable
work:
(1) In order to maintain benefit eligibility, when the department
directs, a claimant must apply for any available position.
(2) Suitable work must be accepted, if the offer is received by a
claimant at any time after the claimant's separation from
employment.
(3) Failure to accept suitable work, without good cause, will result
in the claimant being ineligible for benefits.
(j) Except for activities that the department will verify under
subsection (h)(1), (h)(3), (h)(5), (h)(6), and (h)(8), for a period of six
(6) months following the week in which the work search activities
occurred, the claimant must keep a detailed record of the claimant's
weekly work search activities so that the department can verify the
activity for an audit or eligibility review. A detailed record includes the
following information:
(1) The date of the activity.
(2) The name of the employer, event host, organizer, platform, or
other identifying information, such as a job reference number.
(3) Contact information, such as the employer's mailing address,
telephone number, electronic mail address, or website address,
and name of the person contacted, if available.
(4) Details of the position for which the claimant applied or
activity in which the claimant participated.
(5) Method of contact or participation.
(6) Confirmation of the claimant's contact or participation.
(7) Results of the claimant's contact or participation.
(k) A contemporaneous document generated by an employer, an
event host, an organizer, a platform, or other relevant third party that
includes the date and details of an activity as well as confirmation of
the claimant's submission or participation, will be presumed to satisfy
the requirements of subsection (j).
(l) The department may allow a claimant to satisfy the requirements
of subsection (j) through a document other than one described in
subsection (j) or (k), but the claimant must demonstrate the reliability
and appropriateness of the documentation.
SECTION 132. IC 22-4-15-1, AS AMENDED BY SEA 214-2026,
SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. (a) Regarding an individual's most recent
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separation from employment before filing an initial or additional claim
for benefits, an individual who voluntarily left the employment without
good cause in connection with the work or was discharged from the
employment for just cause is ineligible for waiting period or benefit
rights for the week in which the disqualifying separation occurred and
until:
(1) the individual has earned remuneration in employment in at
least eight (8) weeks; and
(2) the remuneration earned equals or exceeds the product of the
weekly benefit amount multiplied by eight (8).
If the qualification amount has not been earned at the expiration of an
individual's benefit period, the unearned amount shall be carried
forward to an extended benefit period or to the benefit period of a
subsequent claim.
(b) When it has been determined that an individual has been
separated from employment under disqualifying conditions as outlined
in this section, the maximum benefit amount of the individual's current
claim, as initially determined, shall be reduced by an amount
determined as follows:
(1) For the first separation from employment under disqualifying
conditions, the maximum benefit amount of the individual's
current claim is equal to the result of:
(A) the maximum benefit amount of the individual's current
claim, as initially determined; multiplied by
(B) seventy-five percent (75%);
rounded (if not already a multiple of one dollar ($1)) to the next
higher dollar.
(2) For the second separation from employment under
disqualifying conditions, the maximum benefit amount of the
individual's current claim is equal to the result of:
(A) the maximum benefit amount of the individual's current
claim determined under subdivision (1); multiplied by
(B) eighty-five percent (85%);
rounded (if not already a multiple of one dollar ($1)) to the next
higher dollar.
(3) For the third and any subsequent separation from employment
under disqualifying conditions, the maximum benefit amount of
the individual's current claim is equal to the result of:
(A) the maximum benefit amount of the individual's current
claim determined under subdivision (2); multiplied by
(B) ninety percent (90%);
rounded (if not already a multiple of one dollar ($1)) to the next
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higher dollar.
(c) The disqualifications provided in this section shall be subject to
the following modifications:
(1) An individual shall not be subject to disqualification because
of separation from the individual's employment if:
(A) the individual left to accept with another employer
previously secured permanent full-time work which offered
reasonable expectation of continued covered employment and
betterment of wages or working conditions and thereafter was
employed on said job;
(B) having been simultaneously employed by two (2)
employers, the individual leaves one (1) such employer
voluntarily without good cause in connection with the work
but remains in employment with the second employer with a
reasonable expectation of continued employment; or
(C) the individual left to accept recall made by a base period
employer.
(2) An individual whose unemployment is the result of medically
substantiated physical disability and who is involuntarily
unemployed after having made reasonable efforts to maintain the
employment relationship shall not be subject to disqualification
under this section for such separation.
(3) An individual who left work to enter the armed forces of the
United States shall not be subject to disqualification under this
section for such leaving of work.
(4) An individual whose employment is terminated under the
compulsory retirement provision of a collective bargaining
agreement to which the employer is a party, or under any other
plan, system, or program, public or private, providing for
compulsory retirement and who is otherwise eligible shall not be
deemed to have left the individual's work voluntarily without
good cause in connection with the work. However, if such
individual subsequently becomes reemployed and thereafter
voluntarily leaves work without good cause in connection with the
work, the individual shall be deemed ineligible as outlined in this
section.
(5) An otherwise eligible individual shall not be denied benefits
for any week because the individual is in training approved under
Section 236(a)(1) of the Trade Act of 1974, nor shall the
individual be denied benefits by reason of leaving work to enter
such training, provided the work left is not suitable employment,
or because of the application to any week in training of provisions
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in this law (or any applicable federal unemployment
compensation law), relating to availability for work, active search
for work, or refusal to accept work. For purposes of this
subdivision, the term "suitable employment" means with respect
to an individual, work of a substantially equal or higher skill level
than the individual's past adversely affected employment (as
defined for purposes of the Trade Act of 1974), and wages for
such work at not less than eighty percent (80%) of the individual's
average weekly wage as determined for the purposes of the Trade
Act of 1974.
(6) An individual is not subject to disqualification because of
separation from the individual's employment if:
(A) the employment was outside the individual's labor market;
(B) the individual left to accept previously secured full-time
work with an employer in the individual's labor market; and
(C) the individual actually became employed with the
employer in the individual's labor market.
(7) An individual who, but for the voluntary separation to move
to another labor market to join a spouse who had moved to that
labor market, shall not be disqualified for that voluntary
separation, if the individual is otherwise eligible for benefits.
Benefits paid to the spouse whose eligibility is established under
this subdivision shall not be charged against the employer from
whom the spouse voluntarily separated.
(8) An individual shall not be subject to disqualification if the
individual voluntarily left employment or was discharged due to
circumstances directly caused by domestic or family violence (as
defined in IC 31-9-2-42). IC 31-9-2.1-84). An individual who
may be entitled to benefits based on this modification may apply
to the office of the attorney general under IC 5-26.5 to have an
address designated by the office of the attorney general to serve
as the individual's address for purposes of this article.
(9) An individual shall not be subject to disqualification if the
individual:
(A) has requested an exemption from an employer's
COVID-19 immunization requirement;
(B) has complied with the requirements set forth in
IC 22-5-4.6; and
(C) was discharged from employment for failing or refusing to
receive an immunization against COVID-19.
As used in this subsection, "labor market" means the area surrounding
an individual's permanent residence, outside which the individual
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cannot reasonably commute on a daily basis. In determining whether
an individual can reasonably commute under this subdivision, the
department shall consider the nature of the individual's job.
(d) "Discharge for just cause" as used in this section is defined to
include but not be limited to:
(1) separation initiated by an employer for falsification of an
employment application to obtain employment through
subterfuge;
(2) knowing violation of a reasonable and uniformly enforced rule
of an employer, including a rule regarding attendance;
(3) if an employer does not have a rule regarding attendance, an
individual's unsatisfactory attendance, if good cause for absences
or tardiness is not established;
(4) damaging the employer's property through willful and wanton
misconduct;
(5) refusing to obey instructions;
(6) conduct endangering safety of self or coworkers;
(7) incarceration in jail following conviction of a misdemeanor or
felony by a court of competent jurisdiction; or
(8) any breach of duty in connection with work which is
reasonably owed an employer by an employee.
(e) For purposes of subsection (d), the following apply:
(1) An employer rule will be found to be reasonable if it:
(A) is lawful;
(B) is related to the employer's business operations;
(C) is intended by the employer to broadly apply to classes,
categories, or all employees; and
(D) does not create a harsh or unconscionable requirement for
employees.
(2) In order to qualify as a breach of duty for unemployment
insurance purposes, the duty must be:
(A) reasonably connected to the work;
(B) reasonably owed to the employer by the employee; and
(C) of a nature that a reasonable employee would recognize as
a violation of the duty and would understand that a violation
of the duty would subject the individual to discharge.
(3) A breach of duty reasonably owed to an employer includes
conduct that establishes that the individual:
(A) damaged the employer's trust and confidence in the
individual's ability to effectively perform the job;
(B) willfully failed to meet the employer's reasonable
expectation;
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(C) chose a course of action that the individual knew, or
should have known, would negatively impact the employer's
financial interests;
(D) demonstrated an intentional or substantial disregard for the
employer's interests;
(E) intentionally or knowingly injured, or attempted to injure,
the employer's financial interests;
(F) intentionally chose a course of action that set the
individual's interests against the employer's interests to the
detriment of the employer;
(G) showed carelessness or negligence to such a degree, or
with such recurrence, as to cause damage to the employer's
interests; or
(H) performed some volitional act or exercised some control
over the circumstances resulting in discharge from
employment.
(f) To verify that domestic or family violence has occurred, an
individual who applies for benefits under subsection (c)(8) shall
provide one (1) of the following:
(1) A report of a law enforcement agency (as defined in
IC 10-13-3-10).
(2) A protection order issued under IC 34-26-5.
(3) A foreign protection order (as defined in IC 34-6-2.1-76).
(4) An affidavit from a domestic violence service provider
verifying services provided to the individual by the domestic
violence service provider.
(g) An individual will not be considered to have voluntarily left
employment for good cause in connection with the work unless it is
established that a reasonable individual in the same or similar
circumstances would also have left the employment.
(h) A voluntary leave of employment due to excessive discipline, or
inappropriate comments or conduct by managers or coworkers, does
not constitute good cause in connection with the work unless it is
established that an individual in the same or similar circumstances
would reasonably believe that the:
(1) conduct was severe and pervasive;
(2) conduct:
(A) was motivated by the individual's:
(i) race;
(ii) age;
(iii) sex;
(iv) national origin; or
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(v) religious beliefs or other status protected by law;
(B) endangered the individual's physical safety; or
(C) endangered the individual's mental health; and
(3) the individual reported the conduct pursuant to the employer's
procedures, if any, but no employer action was taken within a
reasonable period of time.
(i) An individual who leaves employment in anticipation of an
imminent discharge does so with good cause if it is established that the:
(1) discharge was imminent; and
(2) imminent discharge would not have been for just cause.
(j) If an employer gives an employee the opportunity to submit a
resignation from employment, rather than be discharged, and the
employee resigns, this is a quit in lieu of discharge, and the separation
will be analyzed under the discharge for just cause criteria, as the
employer is the moving party in the separation.
SECTION 133. IC 22-4.1-18-1, AS AMENDED BY HEA
1195-2026, SECTION 4, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 1. This chapter applies to an
individual who is:
(1) at least eighteen (18) years of age; or
(2) less than eighteen (18) years of age and meets the following
requirements:
(A) The individual has completed:
(i) the Indiana career explorer program; and
(ii) an assessment approved by the department that measures
Indiana high school equivalency test readiness.
(B) The individual has received a written recommendation
from at least one (1) of the following, as applicable:
(i) The individual's parent if the individual attends a
nonaccredited nonpublic school that has less than one (1)
employee.
(ii) The superintendent (as defined in IC 20-18-2-21),
principal, or head of the school the individual attends, or the
appropriate designee, if the individual attends a school that
employs more than one (1) employee.
(iii) A judge (as defined in IC 31-9-2-68). IC 31-9-2.1-141).
SECTION 134. IC 22-12-7-15, AS ADDED BY P.L.160-2025,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 15. (a) Except as provided by subsection (c), if a
property is inspected by the department or plans were reviewed by the
department, neither the department nor a political subdivision may
require compliance with a new or different set of building, fire safety,
SEA 80 — CC 1
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or equipment laws than were originally enforced by the department:
(1) before July 1, 2025; or
(2) two (2) years after the earlier of the date of the:
(A) initial inspection; or
(B) plan review.
(b) A child care home (as defined in IC 12-7-2-28.6)
IC 12-7-2.1-57) that was licensed to operate in a Class 2 structure by
the office of the secretary of family and social services before July 1,
2025, may continue to operate in the structure notwithstanding the
provisions of this article and 675 IAC 13.
(c) Subsection (a) does not apply to any of the following:
(1) Any:
(A) fraud;
(B) material misrepresentation; or
(C) other act of bad faith;
that results in misapplication of the appropriate requirements.
(2) A change of use or occupancy of the structure or equipment.
(3) A condition imposed in a variance issued by the:
(A) department; or
(B) commission.
(4) Any new construction, addition, or alteration of the structure
or equipment.
(5) A violation that would qualify for an emergency order under
section 6(a)(1) of this chapter.
(6) Any maintenance requirements.
SECTION 135. IC 24-5-14-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 12. A caller may not
use an automatic dialing-announcing device to make a telephone call
to the following:
(1) A hospital (as defined in IC 16-18-2-179(b)).
(2) An ambulatory outpatient surgical center (as defined in
IC 16-18-2-14).
(3) A health facility (as defined in IC 16-18-2-167).
(4) An emergency medical services facility (as defined in
IC 16-18-2-111).
(5) A business providing emergency ambulance services (as
defined in IC 16-18-2-107).
(6) A state institution (as defined in IC 12-7-2-184).
IC 12-7-2.1-318).
(7) A private mental health institution licensed under IC 12-25.
(8) A residential facility (as defined in IC 12-7-2-165).
IC 12-7-2.1-292).
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(9) A law enforcement agency (as defined in IC 10-13-3-10).
(10) A fire department (as defined in IC 36-8-17-2).
SECTION 136. IC 25-1-9.5-2.5, AS AMENDED BY P.L.109-2022,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2.5. (a) As used in this chapter, "health care
services" includes the following:
(1) The following concerning a patient:
(A) Assessment.
(B) Diagnosis.
(C) Evaluation.
(D) Consultation.
(E) Treatment.
(F) Monitoring of a patient.
(2) Transfer of medical data.
(3) Patient health related education.
(4) Health administration.
(b) The term does not include case management services, care
management services, service coordination services, or care
coordination services:
(1) as defined in IC 12-7-2-25; IC 12-7-2.1-46;
(2) provided to individuals under the Indiana Medicaid program
or Medicaid waivers; or
(3) provided to individuals under any other programs
administered by the office of the secretary of family and social
services or the Indiana department of health.
SECTION 137. IC 25-37.5-1-1, AS AMENDED BY P.L.222-2013,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. (a) When used in this chapter, "valuable metal"
means any product made of metal that readily may be resold. The term:
(1) includes metal bossies and small component motor vehicle
parts; and
(2) does not include the following:
(A) A beverage can.
(B) Used jewelry regulated under IC 24-4-13.
(C) Precious metal regulated under IC 24-4-19.
(b) As used in this chapter, "valuable metal dealer" means any
individual, firm, corporation, limited liability company, or partnership
engaged in the business of purchasing and reselling valuable metal
either at a permanently established place of business or in connection
with a business of an itinerant nature, including junk shops, junk yards,
junk stores, auto wreckers, scrap metal dealers or processors, salvage
yards, collectors of or dealers in junk, and junk cars or trucks. The term
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includes a core buyer. The term does not include a person who
purchases a vehicle and obtains title to the vehicle.
(c) As used in this chapter, "purchase" means acquiring a valuable
metal product for a consideration, but does not include purchases
between scrap metal processing facilities (as defined in IC 8-23-1-36).
IC 8-23-1.1-35).
SECTION 138. IC 27-1-4.5-2, AS ADDED BY P.L.239-2025,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 2. As used in this chapter, "insurer" includes the
following:
(1) An insurer (as defined in IC 27-1-2-3(x)) that issues a policy
of accident and sickness insurance (as defined in IC 27-8-5-1(a)).
However, the term does not include the coverages described in
IC 27-8-5-2.5(a).
(2) A health maintenance organization (as defined in
IC 27-13-1-19) that provides coverage for basic health care
services (as defined in IC 27-13-1-4).
(3) A managed care organization (as defined in IC 12-7-2-126.9)
IC 12-7-2.1-218) that provides services to a Medicaid recipient.
(4) A prepaid health care delivery plan under IC 5-10-8-7(c) that
provides group health coverage for state employees.
SECTION 139. IC 27-1-22-20.1, AS AMENDED BY SEA 15-2026,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 20.1. (a) For purposes of this section, an
individual is a "foster youth" if:
(1) the department of child services; or
(2) a designee of the department of child services;
certifies or acknowledges that the individual is a foster youth (as
defined by IC 31-9-2-47.3(a)). IC 31-9-2.1-110(b)).
(b) The department of child services established by IC 31-25-1-1
shall make available to foster youths and to the public a list, provided
by the Insurance Institute of Indiana, identifying insurers that may
provide automobile insurance coverage outside the plan described in
subsection (c) for a minor without a guardian cosigner. The list of
insurers shall be reviewed annually.
(c) An assigned risk automobile insurance plan established by
insurers under section 20 of this chapter must, subject to the rules of
the plan, make automobile insurance available to a foster youth who:
(1) is at least sixteen (16) years of age and not more than
twenty-three (23) years of age; and
(2) is receiving services from the department of child services.
(d) An applicant who is a foster youth is responsible for paying all
SEA 80 — CC 1
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costs of a policy of automobile insurance issued under subsection (c).
A state or local government agency, foster parent, or entity providing
services to an applicant under a contract or at the direction of a state or
local government agency shall not be required to pay any costs
associated with a policy of automobile insurance issued under
subsection (c) and shall not be liable for any damages that result from
the foster youth's operation of an automobile owned and insured by the
foster youth.
SECTION 140. IC 27-1-24.2-1, AS ADDED BY P.L.189-2025,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. (a) This chapter applies to a policy or contract
that is issued, delivered, entered into, renewed, or amended after
December 31, 2025.
(b) This chapter does not apply to the following:
(1) Medicaid or a managed care organization (as defined in
IC 12-7-2-126.9). IC 12-7-2.1-218).
(2) Except as provided in section 18 of this chapter, a state
employee health plan (as defined in IC 5-10-8-6.7).
SECTION 141. IC 27-1-24.5-0.7, AS ADDED BY P.L.152-2024,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 0.7. As used in this chapter, "contract holder"
means:
(1) an individual or entity that offers health insurance coverage to
its employees or members through a self-funded health benefit
plan, including a self-funded health benefit plan that complies
with the federal Employee Retirement Income Security Act
(ERISA) of 1974 (29 U.S.C. 1001 et seq.);
(2) a health plan; or
(3) Medicaid or a managed care organization (as defined in
IC 12-7-2-126.9) IC 12-7-2.1-218) that provides services to a
Medicaid recipient;
that contracts with a pharmacy benefit manager to provide services.
SECTION 142. IC 27-1-37.5-16, AS AMENDED BY P.L.144-2025,
SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 16. (a) Except as provided in subsection (b), the
department shall establish, post, and maintain on the department's
website a standardized prior authorization form for use by health care
providers and utilization review entities for purposes of any notice or
authorization required by a utilization review entity with respect to
payment for a health care service rendered to a covered individual.
(b) After December 31, 2020, a Medicaid managed care
organization (as defined in IC 12-7-2-126.9) IC 12-7-2.1-218) shall use
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a standardized prior authorization form prescribed by the office of the
secretary of family and social services.
SECTION 143. IC 27-1-37.6-9, AS ADDED BY P.L.203-2023,
SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 9. (a) As used in this chapter, "health plan" means
any of the following:
(1) A policy of accident and sickness insurance (as defined in
IC 27-8-5-1). However, the term does not include the coverages
described in IC 27-8-5-2.5(a).
(2) A contract with a health maintenance organization (as defined
in IC 27-13-1-19) that provides coverage for basic health care
services (as defined in IC 27-13-1-4).
(3) A self-insurance program established under IC 5-10-8-7(b) to
provide health care coverage.
(b) The term includes the following:
(1) The insurer that issues a policy of accident and sickness
insurance described in subsection (a)(1).
(2) The health maintenance organization referred to in subsection
(a)(2).
(3) The entity with which the state contracts for the administration
of the self-insurance program established under IC 5-10-8-7(b) to
provide health care coverage.
(c) The term does not include a Medicaid managed care
organization, as defined in IC 12-7-2-126.9. IC 12-7-2.1-218.
SECTION 144. IC 27-1-44.5-2, AS AMENDED BY P.L.216-2025,
SECTION 45, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. As used in this chapter, "health payer" includes
the following:
(1) Medicare.
(2) Medicaid or a managed care organization (as defined in
IC 12-7-2-126.9) IC 12-7-2.1-218) that has contracted with
Medicaid to provide services to a Medicaid recipient.
(3) An insurer that issues a policy of accident and sickness
insurance (as defined in IC 27-8-5-1), except for the following
types of coverage:
(A) Accident only, credit, dental, vision, long term care, or
disability income insurance.
(B) Coverage issued as a supplement to liability insurance.
(C) Automobile medical payment insurance.
(D) A specified disease policy.
(E) A policy that provides indemnity benefits not based on any
expense incurred requirements, including a plan that provides
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coverage for:
(i) hospital confinement, critical illness, or intensive care; or
(ii) gaps for deductibles or copayments.
(F) Worker's compensation or similar insurance.
(G) A student health plan.
(H) A supplemental plan that always pays in addition to other
coverage.
(4) A health maintenance organization (as defined in
IC 27-13-1-19).
(5) A pharmacy benefit manager (as defined in IC 27-1-24.5-12).
(6) An administrator (as defined in IC 27-1-25-1).
(7) A multiple employer welfare arrangement (as defined in
IC 27-1-34-1).
(8) An employee benefit plan that is subject to the federal
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1001 et seq.), including a third party administrator of an employee
benefit plan.
(9) A state employee health plan (as defined in IC 5-10-8-6.7(a)).
(10) An insurance producer, for purposes of the required
reporting under IC 27-1-15.6-13.6.
(11) Any other person identified by the commissioner for
participation in the data base described in this chapter.
SECTION 145. IC 27-1-46.5-3, AS ADDED BY P.L.216-2025,
SECTION 46, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3. (a) As used in this chapter and except as
provided in subsection (b), "hospital" means an acute care hospital
licensed under IC 16-21.
(b) The term does not include the following:
(1) A hospital specifically intended to diagnose, care, and treat the
following:
(A) Individuals with a mental illness (as defined in
IC 12-7-2-117.6). IC 12-7-2.1-197).
(B) Individuals with a developmental disability (as defined in
IC 12-7-2-61). IC 12-7-2.1-118).
(2) A hospital designated by the Medicaid program as a long term
care hospital.
(3) A hospital that is a Medicare certified, freestanding
rehabilitation hospital.
(4) A hospital that is operated by the federal government.
(5) A critical access hospital.
(6) A rural emergency hospital.
SECTION 146. IC 27-2-25.5-4, AS AMENDED BY P.L.186-2025,
SEA 80 — CC 1
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SECTION 295, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 4. (a) A plan sponsor that contracts
with a third party administrator, the office of the secretary of family
and social services that contracts with a managed care organization (as
defined in IC 12-7-2-126.9) IC 12-7-2.1-218) to provide services to a
Medicaid recipient, or the state personnel department that contracts
with a prepaid health care delivery plan under IC 5-10-8-7(c) to
provide group health coverage for state employees may, one (1) time
in a calendar year and not earlier than six (6) months following a
previously requested audit, request an audit of compliance with the
contract. If requested by the plan sponsor, office of the secretary of
family and social services, or state personnel department, the audit
shall include full disclosure of the following concerning data specific
to the plan sponsor, office of the secretary, or state personnel
department:
(1) Claims data described in section 1 of this chapter.
(2) Claims received by the third party administrator, managed
care organization, or prepaid health care delivery plan on any of
the following:
(A) The CMS-1500 form or its successor form.
(B) The HCFA-1500 form or its successor form.
(C) The HIPAA X12 837P electronic claims transaction for
professional services, or its successor transaction.
(D) The HIPAA X12 837I institutional form or its successor
form.
(E) The CMS-1450 form or its successor form.
(F) The UB-04 form or its successor form.
The forms or transaction may be modified as necessary to comply
with the federal Health Insurance Portability and Accountability
Act (HIPAA) (P.L. 104-191).
(3) Claims payments, electronic funds transfer, or remittance
advice notices provided by the third party administrator, managed
care organization, or prepaid health care delivery plan as ASC
X12N 835 files or a successor format. The files may be modified
only as necessary to comply with the federal Health Insurance
Portability and Accountability Act (HIPAA) (P.L. 104-191). In
the event that paper claims are provided, the third party
administrator, managed care organization, or prepaid health care
delivery plan shall convert the paper claims to the ASC X12N 835
electronic format or a successor format.
(4) Any fees charged to the plan sponsor, office of the secretary
of family and social services, or state personnel department
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related to plan administration and claims processing, including
renegotiation fees, access fees, repricing fees, or enhanced review
fees.
(b) A third party administrator, managed care organization, or
prepaid health care delivery plan may not impose:
(1) fees for:
(A) requesting an audit under this section; or
(B) selecting an auditor other than an auditor designated by the
third party administrator, managed care organization, or
prepaid health care delivery plan; or
(2) conditions that would restrict a party's right to conduct an
audit under this section, including restrictions on the:
(A) time period of the audit;
(B) number of claims analyzed;
(C) type of analysis conducted;
(D) data elements used in the analysis; or
(E) selection of an auditor as long as the auditor:
(i) does not have a conflict of interest;
(ii) meets a threshold for liability insurance specified in the
contract between the parties;
(iii) does not work on a contingent fee basis; and
(iv) does not have a history of breaching nondisclosure
agreements.
(c) A third party administrator, managed care organization, or
prepaid health care delivery plan shall provide claims data to the
contract holder not later than fifteen (15) business days after the claims
data is requested.
(d) Information provided in an audit under this section must be
provided in accordance with the federal Health Insurance Portability
and Accountability Act (HIPAA) (P.L. 104-191).
(e) A contract that is entered into, issued, amended, or renewed after
June 30, 2024, may not contain a provision that violates this section.
(f) A violation of this section is an unfair or deceptive act or practice
in the business of insurance under IC 27-4-1-4.
(g) The department may also adopt rules under IC 4-22-2 to set forth
fines for a violation under this section.
SECTION 147. IC 27-8-5-15.5, AS AMENDED BY P.L.56-2023,
SECTION 245, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 15.5. (a) As used The following
terms are defined for use in this section:
"Alcohol abuse" has the meaning set forth in IC 12-7-2-10.
IC 12-7-2.1-17.
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"Community mental health center" has the meaning set forth in
IC 12-7-2-38 and IC 12-7-2-39. IC 12-7-2.1-77 and IC 12-7-2.1-78.
"Division of mental health and addiction" refers to the division
created under IC 12-21-1-1.
"Drug abuse" has the meaning set forth in IC 12-7-2-72.
IC 12-7-2.1-128.
"Indiana department of health" refers to the department established
by IC 16-19-1-1.
"Inpatient services" means services that require the beneficiary of
the services to remain overnight in the facility in which the services are
offered.
"Mental illness" has the meaning set forth in IC 12-7-2-130(1).
IC 12-7-2.1-226(1).
"Psychiatric hospital" has the meaning set forth in IC 12-7-2-151.
IC 12-7-2.1-270.
"Substance abuse" means drug abuse or alcohol abuse.
(b) An insurance policy that provides coverage for inpatient services
for the treatment of:
(1) mental illness;
(2) substance abuse; or
(3) both mental illness and substance abuse;
may not exclude coverage for inpatient services for the treatment of
mental illness or substance abuse that are provided by a community
mental health center or by any psychiatric hospital licensed by the
Indiana department of health or the division of mental health and
addiction to offer those services.
SECTION 148. IC 27-8-5-15.8, AS ADDED BY P.L.103-2020,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 15.8. (a) As used in this section, "treatment of a
mental illness or substance abuse" means:
(1) treatment for a mental illness, as defined in IC 12-7-2-130(1);
IC 12-7-2.1-226(1); and
(2) treatment for drug abuse or alcohol abuse.
(b) As used in this section, "act" refers to the Paul Wellstone and
Pete Domenici Mental Health Parity and Addiction Act of 2008 and
any amendments thereto, plus any federal guidance or regulations
relevant to that act, including 45 CFR 146.136, 45 CFR 147.136, 45
CFR 147.160, and 45 CFR 156.115(a)(3).
(c) As used in this section, "nonquantitative treatment limitations"
refers to those limitations described in 26 CFR 54.9812-1, 29 CFR
2590.712, and 45 CFR 146.136.
(d) An insurer that issues a policy of accident and sickness
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insurance that provides coverage of services for treatment of a mental
illness or substance abuse shall submit a report to the department not
later than December 31 of each year that contains the following
information:
(1) A description of the processes:
(A) used to develop or select the medical necessity criteria for
coverage of services for treatment of a mental illness or
substance abuse; and
(B) used to develop or select the medical necessity criteria for
coverage of services for treatment of other medical or surgical
conditions.
(2) Identification of all nonquantitative treatment limitations that
are applied to:
(A) coverage of services for treatment of a mental illness or
substance abuse; and
(B) coverage of services for treatment of other medical or
surgical conditions;
within each classification of benefits.
(e) There may be no separate nonquantitative treatment limitations
that apply to coverage of services for treatment of a mental illness or
substance abuse that do not apply to coverage of services for treatment
of other medical or surgical conditions within any classification of
benefits.
(f) An insurer that issues a policy of accident and sickness insurance
that provides coverage of services for treatment of a mental illness or
substance abuse shall also submit an analysis showing the insurer's
compliance with this section and the act to the department not later
than December 31 of each year. The analysis must do the following:
(1) Identify the factors used to determine that a nonquantitative
treatment limitation will apply to a benefit, including factors that
were considered but rejected.
(2) Identify and define the specific evidentiary standards used to
define the factors and any other evidence relied upon in designing
each nonquantitative treatment limitation.
(3) Provide the comparative analyses, including the results of the
analyses, performed to determine the following:
(A) That the processes and strategies used to design each
nonquantitative treatment limitation for coverage of services
for treatment of a mental illness or substance abuse are
comparable to, and applied no more stringently than, the
processes and strategies used to design each nonquantitative
treatment limitation for coverage of services for treatment of
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other medical or surgical conditions.
(B) That the processes and strategies used to apply each
nonquantitative treatment limitation for treatment of a mental
illness or substance abuse are comparable to, and applied no
more stringently than, the processes and strategies used to
apply each nonquantitative limitation for treatment of other
medical or surgical conditions.
(g) The department shall adopt rules to ensure compliance with this
section and the applicable provisions of the act.
SECTION 149. IC 27-8-23-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 4. As used in this
chapter, "insurer" has the meaning set forth in IC 12-7-2-120.
IC 12-7-2.1-202.
SECTION 150. IC 27-13-7-14.2, AS ADDED BY P.L.103-2020,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 14.2. (a) As used in this section, "treatment of a
mental illness or substance abuse" means:
(1) treatment for a mental illness, as defined in IC 12-7-2-130(1);
IC 12-7-2.1-226(1); and
(2) treatment for drug abuse or alcohol abuse.
(b) As used in this section, "act" refers to the Paul Wellstone and
Pete Domenici Mental Health Parity and Addiction Act of 2008 and
any amendments thereto, plus any federal guidance or regulations
relevant to that act, including 45 CFR 146.136, 45 CFR 147.136, 45
CFR 147.160, and 45 CFR 156.115(a)(3).
(c) As used in this section, "nonquantitative treatment limitations"
refers to those limitations described in 26 CFR 54.9812-1, 29 CFR
2590.712, and 45 CFR 146.136.
(d) An individual contract or a group contract that provides
coverage of services for treatment of a mental illness or substance
abuse shall submit a report to the department not later than December
31 of each year that contains the following information:
(1) A description of the processes:
(A) used to develop or select the medical necessity criteria for
coverage of services for treatment of a mental illness or
substance abuse; and
(B) used to develop or select the medical necessity criteria for
coverage of services for treatment of other medical or surgical
conditions.
(2) Identification of all nonquantitative treatment limitations that
are applied to:
(A) coverage of services for treatment of a mental illness or
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substance abuse; and
(B) coverage of services for treatment of other medical or
surgical conditions;
within each classification of benefits.
(e) There may be no separate nonquantitative treatment limitations
that apply to coverage of services for treatment of a mental illness or
substance abuse that do not apply to coverage of services for treatment
of other medical or surgical conditions within any classification of
benefits.
(f) An individual contract or a group contract that provides coverage
of services for treatment of a mental illness or substance abuse shall
also submit an analysis showing the insurer's compliance with this
section and the act to the department not later than December 31 of
each year. The analysis must do the following:
(1) Identify the factors used to determine that a nonquantitative
treatment limitation will apply to a benefit, including factors that
were considered but rejected.
(2) Identify and define the specific evidentiary standards used to
define the factors and any other evidence relied upon in designing
each nonquantitative treatment limitation.
(3) Provide the comparative analyses, including the results of the
analyses, performed to determine the following:
(A) That the processes and strategies used to design each
nonquantitative treatment limitation for coverage of services
for treatment of a mental illness or substance abuse are
comparable to, and applied no more stringently than, the
processes and strategies used to design each nonquantitative
treatment limitation for coverage of services for treatment of
other medical or surgical conditions.
(B) That the processes and strategies used to apply each
nonquantitative treatment limitation for treatment of a mental
illness or substance abuse are comparable to, and applied no
more stringently than, the processes and strategies used to
apply each nonquantitative limitation for treatment of other
medical or surgical conditions.
(g) The department shall adopt rules to ensure compliance with this
section and the applicable provisions of the act.
SECTION 151. IC 28-1-1-3.9, AS ADDED BY SEA 15-2026,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3.9. For purposes of section 7 of this chapter,
"foster youth" means an individual who is:
(1) at least sixteen (16) years of age; and
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(2) certified or acknowledged as a foster youth (as defined in
IC 31-9-2-47.3(a)) IC 31-9-2.1-110(b)) by the department of
child services or a designee of the department of child services.
SECTION 152. IC 29-3-1-2.5, AS AMENDED BY P.L.11-2023,
SECTION 93, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2.5. "Conduct a criminal history check" means to:
(1) request:
(A) the state police department to conduct a:
(i) fingerprint based criminal history background check of
both national and state records data bases concerning a
person who is at least eighteen (18) years of age in
accordance with IC 10-13-3-27 and IC 10-13-3-39; or
(ii) national name based criminal history record check (as
defined in IC 10-13-3-12.5) of a person who is at least
eighteen (18) years of age as provided under
IC 10-13-3-27.5; or
(B) if an individual has:
(i) a physical disability that prevents fingerprinting and a
person approved by the department of child services who is
trained to take fingerprints or a qualified medical
practitioner (as defined in IC 31-9-2-100.5)
IC 31-9-2.1-196) verifies that the individual has a disabling
condition that prevents fingerprinting; or
(ii) low quality fingerprints, as a result of age, occupation, or
otherwise, that prevent fingerprint results from being
obtained and the individual's fingerprints have been rejected
the required number of times by automated fingerprint
classification equipment or rejected by a person designated
by the state police department to examine and classify
fingerprints;
the state police department to conduct a national name based
criminal history record check (as defined in IC 10-13-3-12.5)
or request the state police department to release or allow
inspection of a limited criminal history (as defined in
IC 10-13-3-11) and the state police in every state the
individual has resided in the past five (5) years to release or
allow inspection of the individual's criminal history;
(2) collect each substantiated report of child abuse or neglect
reported in a jurisdiction where a probation officer, a caseworker,
or the department of child services has reason to believe that a
person who is fourteen (14) years of age or older, or a person for
whom a fingerprint based criminal history background check is
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required under IC 31, resided within the previous five (5) years;
(3) conduct a check of the national sex offender registry
maintained by the United States Department of Justice for all
persons who are at least fourteen (14) years of age; and
(4) conduct a check of local law enforcement agency records in
every jurisdiction where a person who is at least eighteen (18)
years of age has resided within the previous five (5) years unless
the department of child services or a court grants an exception to
conducting this check.
SECTION 153. IC 29-3-1-3.5, AS ADDED BY P.L.194-2017,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3.5. "De facto custodian" has the meaning set
forth in IC 31-9-2-35.5. IC 31-9-2.1-72.
SECTION 154. IC 29-3-1-7.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 7.5. "Incapacitated
person" means an individual who:
(1) cannot be located upon reasonable inquiry;
(2) is unable:
(A) to manage in whole or in part the individual's property;
(B) to provide self-care; or
(C) to perform both activities in clauses (A) and (B);
because of insanity, mental illness, mental deficiency, physical
illness, infirmity, habitual drunkenness, excessive use of drugs,
incarceration, confinement, detention, duress, fraud, undue
influence of others on the individual, or other incapacity; or
(3) has a developmental disability (as defined in IC 12-7-2-61).
IC 12-7-2.1-118).
SECTION 155. IC 29-3-3-6, AS AMENDED BY P.L.68-2005,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 6. (a) The surviving parent of a minor does not
have the right to custody of the minor without a proceeding authorized
by law if the parent was not granted custody of the minor in a
dissolution of marriage decree and the conditions specified in this
section exist.
(b) If:
(1) the surviving parent, at the time of the custodial parent's death,
had required supervision during parenting time privileges granted
under a dissolution of marriage decree involving the minor; or
(2) the surviving parent's parenting time privileges with the minor
had been suspended at the time of the death of the custodial
parent;
the court on petition by any person, including a temporary custodian
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named under IC 31-17-2-11 (or IC 31-1-11.5-27 before its repeal), or
on the court's own motion, may appoint a temporary guardian for the
minor for a specified period not to exceed sixty (60) days.
(c) If a petition is filed under this section, a court shall appoint a
guardian ad litem (as defined in IC 31-9-2-50) IC 31-9-2.1-117) or a
court appointed special advocate (as defined in IC 31-9-2-28)
IC 31-9-2.1-67) for the child. A guardian ad litem or court appointed
special advocate appointed under this section serves until removed by
the court.
(d) If a temporary guardian is appointed without notice and the
minor files a petition that the guardianship be terminated or the court
order modified, the court shall hold a hearing and make a determination
on the petition at the earliest possible time.
(e) A temporary guardian appointed under this section has only the
responsibilities and powers that are ordered by the court.
(f) A proceeding under this section may be joined with a proceeding
under IC 29-3-4 or IC 29-3-5.
(g) The court shall appoint a guardian under this article if the court
finds that the surviving parent is not entitled to the right of custody of
the minor.
SECTION 156. IC 29-3-5-1.5, AS ADDED BY P.L.104-2015,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1.5. A petitioner for appointment as a guardian of
a minor in a guardianship to which IC 29-3-8-9 applies shall submit the
necessary information, forms, or consents for the department of child
services to conduct a criminal history check (as defined in
IC 31-9-2-22.5) IC 31-9-2.1-58) of the petitioner and any other
household members before the court appoints the guardian under this
chapter or during the guardianship administration.
SECTION 157. IC 29-3-8-9, AS AMENDED BY P.L.48-2012,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 9. (a) A probate or juvenile court may include in
its order creating a guardianship of a minor the following:
(1) A requirement that the minor must reside with the guardian
until the guardianship is terminated or modified.
(2) Any terms and conditions that a parent must meet in order to
seek modification or termination of the guardianship.
(b) Except as provided in IC 29-3-12, if an order creating a
guardianship contains terms and conditions described in subsection
(a)(2), the court may modify or terminate the guardianship only if the
parent:
(1) complies with the terms and conditions; and
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(2) proves the parent's current fitness to assume all parental
obligations by a preponderance of the evidence.
(c) If:
(1) a petition is filed for modification, resignation, or removal of
the guardian or termination of the guardianship before the parent
complies with the court ordered terms and conditions described
in subsection (a)(2); and
(2) the minor:
(A) was the subject of a petition alleging the child to be a child
in need of services; or
(B) is participating in a program of informal adjustment;
the court shall refer the petition to the department of child services for
the department of child services to determine the placement of the child
in accordance with the best interests of the child.
(d) A court shall notify the department of child services:
(1) if:
(A) the court appoints a guardian for a minor who:
(i) was the subject of a petition alleging the minor to be a
child in need of services; or
(ii) is participating in a program of informal adjustment; and
(B) a petition to modify or terminate the guardianship of the
minor or a petition regarding the death, resignation, or removal
of the guardian is filed; and
(2) of any hearings related to the petitions described under
subdivision (1)(B).
(e) If a minor was the subject of a petition alleging the minor to be
a child in need of services or is participating in a program of informal
adjustment, the court shall do the following at a hearing regarding a
petition filed under this section:
(1) Consider the position of the department of child services.
(2) If requested by the department of child services, allow the
department of child services to present evidence regarding:
(A) whether the guardianship should be modified or
terminated;
(B) the fitness of the parent to provide for the care and
supervision of the minor at the time of the hearing;
(C) the appropriate care and placement of the child; and
(D) the best interests of the child.
(f) The department of child services or the proposed guardian shall
notify the court creating a guardianship if the department of child
services has approved financial assistance to a guardian for the benefit
of the protected person, as a component of child services (as defined in
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IC 31-9-2-17.8(1)(E)). IC 31-9-2.1-47(1)(E)). If the guardian will be
provided assistance as a component of child services, the court shall
order the guardian to provide financial support to the protected person
to the extent the following resources do not fully support the needs of
the protected person:
(1) The guardianship property of the protected person.
(2) Child support or other financial assistance received by the
guardian from the protected person's parent or parents.
(3) Periodic payments the guardian receives from the department
of child services for support of the protected person as set forth in
the department of child service's rules or the terms of the
guardianship assistance agreement.
SECTION 158. IC 29-3-9-1, AS AMENDED BY P.L.238-2025,
SECTION 83, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. (a) As used in this section, "department" means
the department of child services established by IC 31-25-1-1.
(b) As used in this section and except as otherwise provided in this
section, "foster care" has the meaning set forth in IC 31-9-2-46.7.
IC 31-9-2.1-107.
(c) Except as provided in subsections (d) and (h), by a properly
executed power of attorney, a parent of a minor or a guardian (other
than a temporary guardian) of a protected person may delegate to
another person for:
(1) any period during which the care and custody of the minor or
protected person is entrusted to an institution furnishing care,
custody, education, or training; or
(2) a period not exceeding twelve (12) months;
any powers regarding health care, support, custody, or property of the
minor or protected person. A delegation described in this subsection is
effective immediately unless otherwise stated in the power of attorney.
(d) A parent of a minor or a guardian of a protected person may not
delegate under subsection (c) the power to:
(1) consent to the marriage or adoption of a protected person who
is a minor; or
(2) petition the court to request the authority to petition for
dissolution of marriage, legal separation, or annulment of
marriage on behalf of a protected person as provided under
section 12.2 of this chapter.
(e) Subject to IC 30-5-5-16, a person having a power of attorney
executed under subsection (c) has and shall exercise, for the period
during which the power is effective, all other authority of the parent or
guardian respecting the health care, support, custody, or property of the
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minor or protected person except any authority expressly excluded in
the written instrument delegating the power. The parent or guardian
remains responsible for any act or omission of the person having the
power of attorney with respect to the affairs, property, and person of the
minor or protected person as though the power of attorney had never
been executed.
(f) A delegation of powers executed under subsection (c) does not,
as a result of the execution of the power of attorney, subject any of the
parties to any laws, rules, or regulations concerning the licensing or
regulation of foster family homes, child placing agencies, or child
caring institutions under IC 31-27.
(g) Any child who is the subject of a power of attorney executed
under subsection (c) is not considered to be placed in foster care. The
parties to a power of attorney executed under subsection (c), including
a child, a protected person, a parent or guardian of a child or protected
person, or an attorney in fact, are not, as a result of the execution of the
power of attorney, subject to any foster care requirements or foster care
licensing regulations.
(h) A foster family home licensed under IC 31-27-4 may not provide
overnight or regular and continuous care and supervision to a child
who is the subject of a power of attorney executed under subsection (c)
while providing care to a child placed in the home by the department
or under a juvenile court order under a foster family home license.
Upon request, the department may grant an exception to this
subsection.
(i) A parent who:
(1) is a member in the:
(A) active or reserve component of the armed forces of the
United States, including the:
(i) United States Army;
(ii) United States Navy;
(iii) United States Air Force;
(iv) United States Space Force;
(v) United States Marine Corps;
(vi) Indiana National Guard; or
(vii) United States Coast Guard; or
(B) commissioned corps of the:
(i) National Oceanic and Atmospheric Administration; or
(ii) Public Health Service of the United States Department
of Health and Human Services;
detailed by proper authority for duty with the United States
Army or United States Navy; or
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(2) is required to:
(A) enter or serve in the active military service of the United
States under a call or order of the President of the United
States; or
(B) serve on state active duty;
may delegate the powers designated in subsection (c) for a period
longer than twelve (12) months if the parent is on active duty service.
However, the term of delegation may not exceed the term of active duty
service plus thirty (30) days. The power of attorney must indicate that
the parent is required to enter or serve in the active military service of
the United States and include the estimated beginning and ending dates
of the active duty service.
(j) Except as otherwise stated in the power of attorney delegating
powers under this section, a delegation of powers under this section
may be revoked at any time by a written instrument of revocation that:
(1) identifies the power of attorney revoked; and
(2) is signed by the:
(A) parent of a minor; or
(B) guardian of a protected person;
who executed the power of attorney.
SECTION 159. IC 29-3-12-6, AS ADDED BY P.L.115-2012,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 6. (a) If a protected person:
(1) is a minor; and
(2) has been adjudicated an incapacitated person;
the court may not terminate the guardianship of the protected person
when the protected person attains eighteen (18) years of age.
(b) If a protected person is:
(1) a minor; and
(2) a recipient or beneficiary of financial assistance provided by
the department of child services through a guardianship described
in IC 31-9-2-17.8(1)(E); IC 31-9-2.1-47(1)(E);
the court may not terminate the guardianship of the protected person
when the protected person attains eighteen (18) years of age.
SECTION 160. IC 31-9-2 IS REPEALED [EFFECTIVE JULY 1,
2026]. (Family Law and Juvenile Law Definitions).
SECTION 161. IC 31-9-2.1 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]:
Chapter 2.1. Definitions
Sec. 1. The amendments made to IC 31-1-11.5-11(a) (before its
repeal, now codified at section 99 of this chapter) by P.L.170-1988
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do not apply to actions filed under IC 31-1-11.5-3 (before its repeal,
now codified at IC 31-15-2-2, IC 31-15-2-3, and IC 31-16-2-2) that
are filed before July 1, 1988.
Sec. 2. "Abandoned", for purposes of the Uniform Child
Custody Jurisdiction Act under IC 31-21, has the meaning set forth
in IC 31-21-2-2.
Sec. 3. "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.
Sec. 4. (a) "Account", for purposes of IC 31-25-4, has the
meaning set forth in IC 31-25-4-3.
(b) "Account", for purposes of IC 31-26-1, has the meaning set
forth in IC 31-26-1-1.
Sec. 5. "Act of rape", for purposes of IC 31-35-3.5, means an act
described in:
(1) IC 35-42-4-1;
(2) IC 35-42-4-3; or
(3) IC 35-42-4-9.
Sec. 6. "Active duty", for purposes of IC 31-14-13-6.3,
IC 31-17-2-21.3, IC 31-33-8-7, and IC 31-33-14-3, means full-time
service in:
(1) the armed forces of the United States (as defined in
IC 5-9-4-3); or
(2) the National Guard (as defined in IC 5-9-4-4);
for a period that exceeds thirty (30) consecutive days in a calendar
year.
Sec. 7. "Actual notice", for purposes of IC 31-19-3, means
written notice that is actually received by the putative father.
Sec. 8. "Adoptee", for purposes of IC 31-19-17 through
IC 31-19-25.5, means a person who has been legally adopted.
Sec. 9. "Adoption", for purposes of IC 31-19-17 through
IC 31-19-25.5, means the judicial act of creating the relationship of
parent and child where the relationship did not exist previously.
Sec. 10. "Adoption assistance state", for purposes of the
Interstate Compact on Adoption Assistance under IC 31-19-29, has
the meaning set forth in IC 31-19-29-2.
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Sec. 11. "Adoption history", for purposes of IC 31-19-17
through IC 31-19-24, means:
(1) identifying information (as defined in section 122 of this
chapter);
(2) the medical history (as defined in section 159 of this
chapter); and
(3) nonidentifying information (as defined in section 165 of
this chapter).
Sec. 11.5. "Adoption or foster care service", for purposes of
IC 31-10-3.5, refers to any one (1) or more of the following:
(1) Promoting foster parenting.
(2) Coordinating placement of a child in a home or facility
licensed under IC 31-27.
(3) Recruiting a foster parent or an adoptive parent.
(4) Licensing or certifying a foster family home.
(5) Promoting adoption.
(6) Assisting with an adoption or supporting an adoptive
parent.
(7) Performing or assisting with a home study.
(8) Assisting with a kinship guardianship or a kinship
caregiver.
(9) Providing any family preservation service.
(10) Providing any family support service or temporary
family reunification service.
Sec. 12. "Adoption subsidy", for purposes of IC 31-19-26.5, has
the meaning set forth in IC 31-19-26.5-1.
Sec. 13. "Adoptive parent", for purposes of IC 31-19-11 and
IC 31-19-17 through IC 31-19-25.5, means an adult who has
become a parent of a child through adoption.
Sec. 14. (a) "Adult", for purposes of IC 31-19-17 through
IC 31-19-25.5, means a person who is at least twenty-one (21) years
of age.
(b) "Adult", for purposes of the juvenile law, means a person
other than a child.
(c) "Adult", for purposes of IC 31-11, means:
(1) a person at least eighteen (18) years of age; or
(2) a:
(A) married minor who is at least sixteen (16) years of age;
or
(B) minor who has been completely emancipated by a
court;
subject to specific constitutional and statutory age
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requirements and health and safety regulations that remain
applicable to the person because of the person's age.
Sec. 15. "Advisory board", for purposes of IC 31-31-9, refers to
the juvenile detention center advisory board described in
IC 31-31-9.
Sec. 16. "Age or developmentally appropriate", for purposes of
IC 31-34 and IC 31-37, means:
(1) activities or items that are generally:
(A) accepted as suitable for children of the same
chronological age or level of maturity; or
(B) determined to be developmentally appropriate for a
child based on the development of cognitive, emotional,
physical, and behavioral capacities that are typical for an
age or age group; and
(2) in the case of a specific child, activities or items that are
suitable for the child based on the developmental stages
attained by the child with respect to the cognitive, emotional,
physical, and behavioral capacities of the child.
Sec. 17. "Alleged father", for purposes of IC 31-14, means any
man claiming to be or charged with being a child's biological
father.
Sec. 18. (a) "Applicant", for purposes of IC 31-25-3, IC 31-25-4,
and IC 31-26-3.5, means a person who has applied for assistance
for the applicant or another person.
(b) "Applicant", for purposes of IC 31-27, means a person who
seeks a license to operate a child caring institution, foster family
home, group home, or child placing agency.
Sec. 19. "Application", for purposes of the Uniform Interstate
Family Support Act under IC 31-18.5, has the meaning set forth in
IC 31-18.5-7-1.
Sec. 20. "Appropriate public authorities", for purposes of
IC 31-28-4, has the meaning set forth in IC 31-28-4-3.
Sec. 21. "Assessment", for purposes of IC 31-25 and IC 31-33,
means an initial and ongoing investigation or evaluation that
includes:
(1) a review and determination of the safety issues that affect
a child and:
(A) a child's parents, guardians, or custodians; or
(B) another individual residing in the residence where the
child resides or is likely to reside;
(2) an identification of the underlying causes of the safety
issues described in subdivision (1);
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(3) a determination whether child abuse, neglect, or
maltreatment occurred; and
(4) a determination of the needs of a child's family in order
for the child to:
(A) remain in the home safely;
(B) be returned to the home safely; or
(C) be placed in an alternative living arrangement.
Sec. 22. "Assistance", for purposes of the following statutes,
means money or services regardless of the source, paid or
furnished under any of the following statutes:
(1) IC 31-25-3.
(2) IC 31-25-4.
(3) IC 31-26-3.5.
Sec. 23. "At-risk child" or "at-risk children", for purposes of
IC 31-32-3, means a child or children who:
(1) are at risk of becoming involved in a juvenile proceeding;
(2) are at risk of being suspended or expelled from school;
(3) are at risk of dropping out of school;
(4) were previously children in need of services and who are
in need of ongoing supervision and assistance; or
(5) have been victims of domestic violence.
Sec. 24. "Birth parent", for purposes of IC 31-19-17 through
IC 31-19-25.5, means:
(1) the woman who is legally presumed under Indiana law to
be the mother of biological origin of an adoptee;
(2) the man who is legally presumed under Indiana law to be
the father of biological origin of an adoptee; or
(3) a man who establishes paternity of a child born out of
wedlock:
(A) in a court proceeding; or
(B) by executing a paternity affidavit under IC 16-37-2-2.1.
Sec. 25. "Blind", for purposes of IC 31-25-3, IC 31-25-4,
IC 31-28-1, IC 31-28-2, and IC 31-28-3, means an individual who
has vision in the better eye with correcting glasses of 20/200 or less,
or a disqualifying visual field defect as determined upon
examination by an ophthalmologist or optometrist who has been
designated to make such examinations by the local office and
approved by the department.
Sec. 26. (a) "Board", for purposes of IC 31-25-4, has the
meaning set forth in IC 31-25-4-34(a).
(b) "Board", for purposes of IC 31-26-4, has the meaning set
forth in IC 31-26-4-2.
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Sec. 27. "Bureau", for purposes of IC 31-16-15 and IC 31-25,
has the meaning set forth in IC 31-25-4-1.
Sec. 28. "Case", for purposes of IC 31-33-18-1.5, has the
meaning set forth in IC 31-33-18-1.5(d).
Sec. 29. "Caseworker", for purposes of the juvenile law
(excluding IC 31-27), means an employee of the department of
child services who is classified as a family case manager.
Sec. 30. "Center", for purposes of IC 31-31-9, means any secure
juvenile detention center that operates in a county containing a
consolidated city except for a center operated by the federal
government. The term includes a juvenile detention facility.
Sec. 31. "Central authority", for purposes of the Uniform
Interstate Family Support Act under IC 31-18.5, has the meaning
set forth in IC 31-18.5-7-1.
Sec. 32. (a) "Child", for purposes of IC 31-15, IC 31-16
(excluding IC 31-16-12.5), and IC 31-17, means a child or children
of both parties to the marriage. The term includes the following:
(1) Children born out of wedlock to the parties.
(2) Children born or adopted during the marriage of the
parties.
(b) "Child", for purposes of the Uniform Interstate Family
Support Act under IC 31-18.5, has the meaning set forth in
IC 31-18.5-1-2.
(c) "Child", for purposes of IC 31-19-5, includes an unborn
child.
(d) Except as otherwise provided in this section, "child", for
purposes of the juvenile law and IC 31-27, means:
(1) a person who is less than eighteen (18) years of age;
(2) a person:
(A) who is eighteen (18), nineteen (19), or twenty (20) years
of age; and
(B) who either:
(i) is charged with a delinquent act committed before the
person's eighteenth birthday; or
(ii) has been adjudicated a child in need of services
before the person's eighteenth birthday; or
(3) a person:
(A) who is alleged to have committed an act that would
have been murder if committed by an adult;
(B) who was less than eighteen (18) years of age at the time
of the alleged act; and
(C) who is less than twenty-one (21) years of age.
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(e) "Child", for purposes of IC 31-36-3, means a person who is
less than eighteen (18) years of age.
(f) "Child", for purposes of the Interstate Compact on Juveniles
under IC 31-37-23-1, has the meaning set forth in IC 31-37-23-1.
(g) "Child", for purposes of IC 31-16-12.5, means an individual
to whom child support is owed under:
(1) a child support order issued under IC 31-14-10 or
IC 31-16-6; or
(2) any other child support order that is enforceable under
IC 31-16-12.5.
(h) "Child", for purposes of IC 31-32-5, means an individual
who is less than eighteen (18) years of age.
(i) "Child", for purposes of the Uniform Child Custody
Jurisdiction Act under IC 31-21, has the meaning set forth in
IC 31-21-2-3.
(j) "Child", for purposes of IC 31-35-2-4.5, means an individual
who is:
(1) less than eighteen (18) years of age; and
(2) a delinquent child or a child in need of services.
(k) "Child", for purposes of IC 31-33, includes an individual
who:
(1) is at least eighteen (18) years of age but less than
twenty-one (21) years of age; and
(2) resides, or has previously resided, at a residential facility
licensed by the department.
(l) "Child", for purposes of IC 31-42, means an unemancipated
individual who is less than eighteen (18) years of age.
Sec. 33. (a) "Child abuse or neglect", for purposes of
IC 31-32-11-1, IC 31-33, IC 31-34-7-4, and IC 31-39-8-4, refers to:
(1) a child described in IC 31-34-1-1 through IC 31-34-1-5 and
IC 31-34-1-8 through IC 31-34-1-11, regardless of whether the
child needs care, treatment, rehabilitation, or the coercive
intervention of a court; or
(2) an individual who:
(A) is at least eighteen (18) years of age but less than
twenty-one (21) years of age;
(B) resides, or has previously resided, at a residential
facility licensed by the department; and
(C) is harmed or threatened with harm as a result of:
(i) a battery offense included in IC 35-42-2; or
(ii) sexual activity (as defined in IC 35-42-4-13(b));
committed by a member of the staff at the residential
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facility.
(b) For purposes of subsection (a), the term under subsection (a)
does not refer to a child who is alleged to be a victim of a sexual
offense under IC 35-42-4-3 unless the alleged offense under
IC 35-42-4-3 involves the fondling or touching of the buttocks,
genitals, or female breasts, regardless of whether the child needs
care, treatment, rehabilitation, or the coercive intervention of a
court.
(c) "Child abuse or neglect", for purposes of IC 31-34-2.3 and
IC 31-42, refers to acts or omissions by a person against a child as
described in IC 31-34-1-1 through IC 31-34-1-11, regardless of
whether the child needs care, treatment, rehabilitation, or the
coercive intervention of a court.
(d) "Child abuse or neglect" does not include raising or
referring to a child in a manner consistent with the child's
biological sex.
Sec. 34. "Child advocacy center", for purposes of
IC 31-25-2-14.5 and IC 31-33-18-2, means a child focused, trauma
informed community based organization that:
(1) is:
(A) recognized by the Indiana Chapter of National
Children's Alliance; and
(B) designed to collaborate on reports of child abuse or
neglect;
(2) coordinates a multidisciplinary team; and
(3) facilitates forensic interviews.
Sec. 35. "Child at imminent risk of placement", for purposes of
IC 31-26-5, has the meaning set forth in IC 31-26-5-1.
Sec. 36. "Child born in wedlock", for purposes of IC 31-19-9,
means a child born to:
(1) a woman; and
(2) a man who is presumed to be the child's father under
IC 31-14-7-1(1) or IC 31-14-7-1(2) unless the presumption is
rebutted.
Sec. 37. "Child born out of wedlock", for purposes of
IC 31-19-3, IC 31-19-4-4, and IC 31-19-9, means a child who is
born to:
(1) a woman; and
(2) a man who is not presumed to be the child's father under
IC 31-14-7-1(1) or IC 31-14-7-1(2).
Sec. 38. "Child care", for purposes of section 40 of this chapter
and IC 31-27, means a service that provides for the care, health,
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safety, and supervision of a child's social, emotional, and
educational growth.
Sec. 39. "Child care provider", for purposes of IC 31-33-26, has
the meaning set forth in IC 31-33-26-1.
Sec. 40. "Child care worker", for purposes of IC 31-33, means
an individual who:
(1) is:
(A) employed, other than self-employed as an owner; or
(B) actively seeking employment;
with an agency, facility, or home described in section 71(b)(2)
of this chapter;
(2) is a child caregiver; or
(3) has, or will have, direct contact with a child to whom the
individual is not a relative (as defined in section 207(c)(1)
through 207(c)(11) of this chapter) on a regular and
continuing basis through current employment with any
agency, facility, or home that provides:
(A) child care; or
(B) services to, or for the benefit of, a child who is a victim
of child abuse or neglect (as described in section 33(c) of
this chapter).
Sec. 41. "Child caregiver", for purposes of sections 40 and 71 of
this chapter, means a person who provides, or is responsible for
providing, care and supervision of a child (other than a child of
whom the person is a parent, stepparent, grandparent, aunt, uncle,
sibling, legal guardian, or custodian with whom the person resides)
at a residential property that is not the child's place of residence,
if the person:
(1) is not required to be licensed as the operator of:
(A) a child care home under IC 12-17.2-5; or
(B) a foster family home under IC 31-27-4;
(2) provides care and supervision of a child while unattended
by the child's:
(A) parent;
(B) guardian; or
(C) custodian with whom the child resides; and
(3) receives more than two thousand dollars ($2,000) in
annual compensation for providing care and supervision of a
child or children.
Sec. 42. "Child caring institution", for purposes of IC 31-27,
means:
(1) a residential facility that provides child care on a
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twenty-four (24) hour basis for more than ten (10) children;
or
(2) a residential facility with a capacity of not more than ten
(10) children that does not meet the residential structure
requirements of a group home.
Sec. 43. "Child custody determination", for purposes of the
Uniform Child Custody Jurisdiction Act under IC 31-21, has the
meaning set forth in IC 31-21-2-4.
Sec. 44. "Child custody proceeding", for purposes of the
Uniform Child Custody Jurisdiction Act under IC 31-21, has the
meaning set forth in IC 31-21-2-5.
Sec. 45. "Child in need of services", for purposes of this title,
refers to a child described in IC 31-34-1.
Sec. 46. "Child placing agency", for purposes of IC 31-27,
means a person that provides child welfare services to children and
families, including:
(1) home studies, investigation, and recommendation of
families for the purpose of placing, arranging, or causing the
placement of children for adoption, foster care, or residential
care; and
(2) supervision of those placements.
Sec. 47. "Child services", for purposes of this title, means the
following:
(1) Services, other than services that are costs of secure
detention, specifically provided by or on behalf of the
department for or on behalf of children who are:
(A) adjudicated to be:
(i) children in need of services under IC 31-34; or
(ii) delinquent children under IC 31-37;
(B) parties in a child in need of services case filed under
IC 31-34 or in a delinquency case filed under IC 31-37
before adjudication or entry of a dispositional decree;
(C) subject to temporary care or supervision by the
department under any applicable provision of IC 31-33,
IC 31-34, or IC 31-37;
(D) recipients or beneficiaries of a program of informal
adjustment approved under IC 31-34-8 or IC 31-37-9; or
(E) recipients or beneficiaries of:
(i) adoption assistance or kinship guardianship
assistance under Title IV-E of the federal Social Security
Act (42 U.S.C. 673), as amended;
(ii) adoption subsidies or assistance under IC 31-19-26.5;
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(iii) assistance, including emergency assistance or
assisted guardianships, provided under Title IV-A of the
federal Social Security Act (42 U.S.C. 601 et seq.), as
amended; or
(iv) other financial assistance provided to or for the
benefit of a child who was previously adjudicated as a
child in need of services or delinquent child, including a
legal guardianship established to implement a
permanency plan under IC 31-34-21-7.5(c)(1)(E) if
IC 29-3-8-9 applies and the assistance is approved under
a rule or published policy of the department.
(2) Costs of using an institution or facility for providing
educational services to children described in subdivision
(1)(A), under either IC 20-33-2-29 (if applicable) or
IC 20-26-11-13 (if applicable).
Sec. 48. "Child support guidelines", for purposes of
IC 31-16-8-1, refers to the guidelines adopted by the Indiana
supreme court.
Sec. 49. "Child support order", for purposes of the Uniform
Interstate Family Support Act under IC 31-18.5, has the meaning
set forth in IC 31-18.5-1-2.
Sec. 50. "Child welfare agency", for purposes of IC 31-25-2-20.4
and IC 31-33-18-1.6, means:
(1) the department of child services; and
(2) a person (as defined in IC 24-4-14-5) that, directly or
indirectly, provides:
(A) services to a child or family of a child, for which
payment is made, in whole or in part, by the department of
child services or a local office of the department of child
services;
(B) services to:
(i) a child who is; or
(ii) a family with;
a child at imminent risk of placement (as defined in
IC 31-26-5-1) who is referred by the department of child
services or a local office of the department of child services
to the person for family support or family preservation
services; or
(C) assistance to or works in cooperation with the
department of child services in the investigations of
allegations of possible child abuse or neglect in accordance
with IC 31-33.
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Sec. 51. "Child welfare program", for purposes of this title, has
the meaning set forth in IC 31-26-3.5-1.
Sec. 52. "Child welfare services", for purposes of this title,
means services provided under a child welfare program.
Sec. 53. "Child with a disability", for purposes of IC 31-34-1-9,
means an individual who:
(1) is less than eighteen (18) years of age; and
(2) has a disability (as defined in IC 22-9-1-3(r)).
Sec. 54. "Child with special needs", for purposes of
IC 31-19-26.5, has the meaning set forth in IC 31-19-26.5-2.
Sec. 55. "Commencement", for purposes of the Uniform Child
Custody Jurisdiction Act under IC 31-21, has the meaning set forth
in IC 31-21-2-6.
Sec. 56. "Compact", for purposes of IC 31-37-23, has the
meaning set forth in IC 31-37-23-2.
Sec. 57. (a) Subject to subsection (b), "concurrent planning", for
purposes of IC 31-34 and IC 31-35, means the establishment of a
case plan with concurrent permanency plan goals, including the
following:
(1) Return to or continuation of existing custodial care within
the home of the child's parent, guardian, or custodian or
placement of the child with the child's noncustodial parent.
(2) Placement of the child for adoption.
(3) Placement of the child with a fit and willing relative who
is able and willing to act as the child's permanent custodian
and carry out the responsibilities required by the permanency
plan.
(4) Appointment of a legal guardian.
(5) A supervised independent living arrangement or foster
care for the child with a permanency plan of another planned,
permanent living arrangement. However, a child less than
sixteen (16) years of age may not have another planned,
permanent living arrangement as the child's permanency
plan.
(b) "Concurrent planning", for purposes of IC 31-34, requires
the identification of two (2) permanency plan goals and
simultaneous reasonable efforts toward both goals with knowledge
of all participants.
Sec. 58. "Conduct a criminal history check", for purposes of
IC 31-19, IC 31-26, IC 31-27, IC 31-28, IC 31-33, IC 31-34,
IC 31-37, and IC 31-39-2-13.5, means to:
(1) request:
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(A) the state police department to conduct a:
(i) fingerprint based criminal history background check
of both national and state records data bases concerning
a person who is at least eighteen (18) years of age in
accordance with IC 10-13-3-27 and IC 10-13-3-39; or
(ii) national name based criminal history record check
(as defined in IC 10-13-3-12.5) of a person who is at least
eighteen (18) years of age as provided by
IC 10-13-3-27.5; or
(B) if an individual has:
(i) a physical disability that prevents fingerprinting and
a person approved by the department who is trained to
take fingerprints or a qualified medical practitioner (as
defined in section 196 of this chapter) verifies that the
individual has a disabling condition that prevents
fingerprinting; or
(ii) low quality fingerprints, as a result of age,
occupation, or otherwise, that prevent fingerprint results
from being obtained and the individual's fingerprints
have been rejected the required number of times by
automated fingerprint classification equipment or
rejected by a person designated by the Indiana state
police department to examine and classify fingerprints;
the state police department to conduct a national name
based criminal history record check (as defined in
IC 10-13-3-12.5) or request the state police department to
release or allow inspection of a limited criminal history (as
defined in IC 10-13-3-11) and the state police in every state
the individual has resided in the past five (5) years to
release or allow inspection of the state's criminal history;
(2) collect each substantiated report of child abuse or neglect
reported in a jurisdiction where a probation officer, a
caseworker, or the department of child services has reason to
believe that a person who is fourteen (14) years of age or
older, or a person for whom a fingerprint based criminal
history background check is required under this title, resided
within the previous five (5) years;
(3) conduct a check of the national sex offender registry
maintained by the United States Department of Justice for all
persons who are at least fourteen (14) years of age; and
(4) conduct a check of local criminal records in every
jurisdiction where a person who is at least eighteen (18) years
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of age has resided within the previous five (5) years unless the
department of child services or a court grants an exception to
conducting this check.
Sec. 59. "Contact", for purposes of IC 31-33-18-1.5, has the
meaning set forth in IC 31-33-18-1.5(d).
Sec. 60. "Contact preference form" means the form prescribed
by the state registrar under IC 31-19-25-4.6.
Sec. 61. "Controlled substance", for purposes of the juvenile
law, has the meaning set forth in IC 35-48-1.1.
Sec. 62. "Convention", for purposes of the Uniform Interstate
Family Support Act under IC 31-18.5, has the meaning set forth in
IC 31-18.5-1-2.
Sec. 63. "Convention support order", for purposes of the
Uniform Interstate Family Support Act under IC 31-18.5, has the
meaning set forth in IC 31-18.5-7-1.
Sec. 64. "Costs of secure detention", for purposes of this title,
has the meaning set forth in IC 31-40-1-1.5.
Sec. 65. "Council", for purposes of IC 31-31-9, refers to the
city-county council of the consolidated city within the county.
Sec. 66. (a) "Court", for purposes of IC 31-15, IC 31-16, and
IC 31-17, means the circuit, superior, or other courts of Indiana
upon which jurisdiction to enter dissolution decrees has been or
may be conferred.
(b) "Court", for purposes of IC 31-16-15, refers to the court
having jurisdiction over child support orders.
(c) "Court", for purposes of IC 31-37-23, has the meaning set
forth in IC 31-37-23-3.
(d) "Court", for purposes of the Interstate Compact on
Juveniles under IC 31-37-23-1, has the meaning set forth in
IC 31-37-23-1.
(e) "Court", for purposes of IC 31-27, means a circuit or
superior court.
(f) "Court", for purposes of the Uniform Child Custody
Jurisdiction Act under IC 31-21, has the meaning set forth in
IC 31-21-2-7.
Sec. 67. (a) "Court appointed special advocate", for purposes of
IC 31-15-6, IC 31-17-6, IC 31-19-16, IC 31-19-16.5, IC 31-28-5,
IC 31-32-3-10.5, and the juvenile law, means a community
volunteer who:
(1) has completed a training program approved by the court;
(2) has been appointed by a court to represent and protect the
best interests of a child; and
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(3) may research, examine, advocate, facilitate, and monitor
a child's situation.
(b) "Court appointed special advocate", for purposes of
IC 31-32-3-10.5, IC 31-33, IC 31-34, IC 31-35, and IC 31-37, means
a community volunteer who:
(1) has completed a training program approved by the court
that includes training in:
(A) the identification and treatment of child abuse and
neglect; and
(B) early childhood, child, and adolescent development;
as required by 42 U.S.C. 5106a(b)(2)(B)(xiii);
(2) has been appointed by a court to represent and protect the
best interests of a child; and
(3) may research, examine, advocate, facilitate, and monitor
a child's situation.
Sec. 68. "Crime", for purposes of the juvenile law, means an
offense for which an adult might be imprisoned or incarcerated if
convicted under the law of the jurisdiction in which the offense is
committed.
Sec. 69. "Crime involving domestic or family violence" means
a crime that occurs when a family or household member commits,
attempts to commit, or conspires to commit any of the following
against another family or household member:
(1) A homicide offense under IC 35-42-1.
(2) A battery offense under IC 35-42-2.
(3) Kidnapping or confinement under IC 35-42-3.
(4) A sex offense under IC 35-42-4.
(5) Robbery under IC 35-42-5.
(6) Arson or vandalism under IC 35-43-1.
(7) Burglary or trespass under IC 35-43-2.
(8) Disorderly conduct under IC 35-45-1.
(9) Intimidation or harassment under IC 35-45-2.
(10) Voyeurism under IC 35-45-4.
(11) Stalking under IC 35-45-10.
(12) An offense against the family under IC 35-46-1-2 through
IC 35-46-1-8, IC 35-46-1-12, IC 35-46-1-15.1, or
IC 35-46-1-15.3.
(13) Human and sexual trafficking crimes under IC 35-42-3.5.
(14) A crime involving animal cruelty and a family or
household member under IC 35-46-3-12(b)(2) or
IC 35-46-3-12.5.
Sec. 70. "Custodial parent", for purposes of IC 31-14-13-8,
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IC 31-14-15, IC 31-16-6-1.5, IC 31-16-12.5, IC 31-17-2-22, and
IC 31-17-4, means the parent who has been awarded physical
custody of a child by a court.
Sec. 71. (a) "Custodian", for purposes of the juvenile law, means
a person with whom a child resides.
(b) "Custodian", for purposes of IC 31-34-1, includes any
person who is:
(1) a license applicant or licensee of:
(A) a foster home or residential child care facility that is
required to be licensed or is licensed under IC 31-27;
(B) a child care center that is required to be licensed or is
licensed under IC 12-17.2-4; or
(C) a child care home that is required to be licensed or is
licensed under IC 12-17.2-5;
(2) a person who is responsible for care, supervision, or
welfare of children while providing services as an owner,
operator, director, manager, supervisor, employee, or
volunteer at:
(A) a home, center, or facility described in subdivision (1);
(B) a child care ministry, as defined in IC 12-7-2.1-58, that
is exempt from licensing requirements and is registered or
required to be registered under IC 12-17.2-6;
(C) a home, center, or facility of a child care provider, as
defined in IC 12-7-2.1-267(5);
(D) a home, center, or facility that is the location of a
program that provides child care, as defined in section 38
of this chapter, to serve migrant children and that is
exempt from licensing under IC 12-17.2-2-8(6), whether or
not the program is certified as described in IC 12-17.2-2-9;
or
(E) a school, as defined in section 220 of this chapter;
(3) a child caregiver, as defined in section 41 of this chapter;
(4) a member of the household of the child's noncustodial
parent; or
(5) an individual who has or intends to have direct contact, on
a regular and continuing basis, with a child for whom the
individual provides care and supervision.
Sec. 72. "De facto custodian", for purposes of IC 31-14-13,
IC 31-17-2, and IC 31-34-4, means a person who has been the
primary caregiver for, and financial support of, a child who has
resided with the person for at least:
(1) six (6) months if the child is less than three (3) years of
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age; or
(2) one (1) year if the child is at least three (3) years of age.
Any period after a child custody proceeding has been commenced
may not be included in determining whether the child has resided
with the person for the required minimum period. The term does
not include a person providing care for a child in a foster family
home (as defined in section 108 of this chapter).
Sec. 73. (a) "Delinquent", for purposes of IC 31-16-15, refers to
a situation in which an obligor is the equivalent of one (1) month in
arrears in the payment of child support ordered by a court.
(b) "Delinquent", for purposes of IC 31-16-16, refers to a
situation in which an obligor is in arrears in the payment of child
support ordered by a court in Indiana or another state that has
jurisdiction over the support order.
Sec. 74. (a) "Delinquent child", for purposes of the juvenile law,
except as provided in subsection (b), means:
(1) a child described in IC 31-37-1-1; or
(2) a child described in IC 31-37-2-1.
(b) "Delinquent child", for purposes of IC 31-37-23, has the
meaning set forth in IC 31-37-23-4.
Sec. 75. "Delinquent juvenile", for purposes of the Interstate
Compact on Juveniles under IC 31-37-23-1, has the meaning set
forth in IC 31-37-23-1.
Sec. 76. "Department", for purposes of this chapter, IC 31-19,
and IC 31-25 through IC 31-40, has the meaning set forth in
IC 31-25-2-1.
Sec. 77. "Dependent child" or "neglected child", for purposes
of IC 31-37-23, has the meaning set forth in IC 31-37-23-5.
Sec. 78. "Destitute child", for purposes of this title, means an
individual:
(1) who is needy;
(2) who is not a public ward;
(3) who is less than eighteen (18) years of age;
(4) who has been deprived of parental support or care because
of a parent's:
(A) death;
(B) continued absence from the home; or
(C) physical or mental incapacity;
(5) whose relatives liable for the individual's support are not
able to provide adequate care or support for the individual
without public assistance; and
(6) who is in need of foster care, under circumstances that do
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not require the individual to be made a public ward.
Sec. 79. "Detention tool" means a validated instrument that
assesses a child's risk for rearrest in order to inform a decision on
the use of secure detention.
Sec. 80. "Diagnostic assessment" means a clinical evaluation
provided by a certified professional in order to gather information
to determine appropriate behavioral health treatment for a child.
Sec. 81. "Direct request", for purposes of the Uniform Interstate
Family Support Act under IC 31-18.5, has the meaning set forth in
IC 31-18.5-7-1.
Sec. 82. "Director", for purposes of IC 31-25-1, IC 31-25-2,
IC 31-33, IC 31-34, and IC 31-37, refers to the director of the
department of child services.
Sec. 82.5. "Discriminate", for purposes of IC 31-10-3.5, includes
any one (1) or more of the following acts when done wholly or
partially based on a person's sincerely held religious belief:
(1) Denying or otherwise making unavailable any funding to
the person, including:
(A) a state grant;
(B) a loan;
(C) a scholarship;
(D) a guarantee; or
(E) an entitlement or a state benefit.
(2) Terminating, altering the terms of, or refusing to enter
into a contract with the person, including a subcontract or
cooperative agreement.
(3) Refusing to recognize or taking any adverse action against
a person's:
(A) license;
(B) certificate;
(C) custody award or agreement; or
(D) any other similar status.
(4) Refusing to place a child with the person, except for the
reasons set forth in IC 31-10-3.5-1.
(5) Altering in any way the person's tax treatment, including:
(A) imposing a tax penalty;
(B) denying or otherwise making unavailable an exemption
from taxation; or
(C) disallowing or otherwise making unavailable a
deduction for state tax purposes of any charitable donation
made by or to the person.
(6) Imposing on the person any of the following:
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(A) A monetary fine.
(B) A fee.
(C) A penalty.
(D) A damages award.
(E) An injunction.
(7) Taking any of the following actions:
(A) Refusing to hire or promote the person.
(B) Forcing the person to resign.
(C) Firing, demoting, or disciplining the person.
(D) Altering the terms or conditions of the person's
employment.
(E) Retaliating against the person.
(F) Taking any other adverse employment action against
the person.
Sec. 83. "Dissolution decree", for purposes of IC 31-15,
IC 31-16, and IC 31-17, means a judicial decree entered in a
proceeding for the dissolution of marriage which:
(1) has the effect of terminating the marriage and restoring
the parties to the state of unmarried persons; and
(2) may include those matters set forth in IC 31-15-2-16.
Sec. 84. "Domestic or family violence" means, except for an act
of self-defense, the occurrence of one (1) or more of the following
acts committed by a family or household member:
(1) Attempting to cause, threatening to cause, or causing
physical harm to another family or household member
without legal justification.
(2) Placing a family or household member in fear of physical
harm without legal justification.
(3) Causing a family or household member to involuntarily
engage in sexual activity by force, threat of force, or duress.
(4) Abusing (as described in IC 35-46-3-0.5), torturing (as
described in IC 35-46-3-0.5), mutilating (as described in
IC 35-46-3-0.5), or killing a vertebrate animal without
justification with the intent to threaten, intimidate, coerce,
harass, or terrorize a family or household member.
For purposes of IC 22-4-15-1 and IC 34-26-5, domestic or family
violence also includes stalking (as defined in IC 35-45-10-1) or a sex
offense under IC 35-42-4, whether or not the stalking or sex offense
is committed by a family or household member.
Sec. 85. "Drug or alcohol screen test" means a test used to
determine the presence or use of alcohol, a controlled substance, or
a drug in a person's bodily substance.
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Sec. 86. "Duty of support", for purposes of the Uniform
Interstate Family Support Act under IC 31-18.5, has the meaning
set forth in IC 31-18.5-1-2.
Sec. 87. "Early intervention advocate", for purposes of
IC 31-32-3, means a volunteer or staff member of a preventative
program who is appointed by the court as an officer of the court to
assist, represent, and protect the interests of at-risk children.
Sec. 88. "Emergency medical services provider" has the
meaning set forth in IC 16-41-10-1.
Sec. 89. "Emergency shelter", for purposes of IC 31-27, means
a short term place of residence, other than a private secure facility,
that:
(1) is not locked to prevent a child's departure unless the
administrator determines that locking is necessary to protect
the child's health; and
(2) provides twenty-four (24) hours a day temporary care for
not more than sixty (60) consecutive days to a child who is
admitted on an emergency basis.
Sec. 90. "Evaluator", for purposes of IC 31-32-2 and
IC 31-37-8-4.5, means a person responsible for providing mental
health screening, evaluation, or treatment to a child in connection
with a juvenile proceeding or probation proceeding under this title.
Sec. 91. "Executive authority", for purposes of IC 31-37-23, has
the meaning set forth in IC 31-37-23-6.
Sec. 92. (a) "Exigent circumstances", as applied to an action by
the department with regard to a child, means that:
(1) the department has definite and articulable evidence
giving rise to a reasonable suspicion that the child or a child
residing in the home with the child:
(A) has been or is in imminent danger of being physically
or sexually abused; or
(B) has been or is in imminent danger of being neglected in
a manner that would lead a reasonable person to believe
the child's physical safety is seriously endangered;
(2) there is no less intrusive alternative to the department's
action that would reasonably and sufficiently protect the
child's imminent health or safety; and
(3) one (1) or more of the following applies:
(A) The parent, guardian, or custodian of the child:
(i) is the alleged perpetrator of the abuse or neglect of
the child; or
(ii) is allegedly aware of the abuse or neglect of the child
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and has allegedly not ensured the child's safety.
(B) There is reason to believe that:
(i) the safety of the child might be jeopardized; or
(ii) essential evidence regarding signs or symptoms of
abuse or neglect under subdivision (1) on or in the child's
body might not be available;
if the department's action is delayed or the child's parent,
guardian, or custodian is notified before the department's
action.
(C) The child is a homeless unaccompanied minor and is
voluntarily receiving services at an emergency shelter or
shelter care facility without the presence or consent of the
child's parent, guardian, or custodian.
(b) An allegation of educational neglect does not qualify as an
exigent circumstance.
Sec. 93. (a) An individual is a "family or household member" of
another person if the individual:
(1) is a current or former spouse of the other person;
(2) is dating or has dated the other person;
(3) is engaged or was engaged in a sexual relationship with the
other person;
(4) is related by blood or adoption to the other person;
(5) is or was related by marriage to the other person;
(6) has or previously had an established legal relationship:
(A) as a guardian of the other person;
(B) as a ward of the other person;
(C) as a custodian of the other person;
(D) as a foster parent of the other person; or
(E) in a capacity with respect to the other person similar to
those listed in clauses (A) through (D); or
(7) has a child in common with the other person.
(b) An individual is a "family or household member" of both
persons to whom subsection (a)(1), (a)(2), (a)(3), (a)(4), (a)(5),
(a)(6), or (a)(7) applies if the individual is a minor child of one (1)
of the persons.
Sec. 94. "Family preservation services", for purposes of
IC 31-26-5 and IC 31-26-6, means short term, highly intensive
services designed to protect, treat, and support the following:
(1) A family with a child at risk of placement by enabling the
family to remain intact and care for the child at home.
(2) A family that adopts or plans to adopt an abused or
neglected child who is at risk of placement or adoption
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disruption by assisting the family to achieve or maintain a
stable, successful adoption of the child.
Sec. 95. "Family services", for purposes of the juvenile law,
means services provided to:
(1) prevent a child from being removed from a parent,
guardian, or custodian;
(2) reunite the child with a parent, guardian, or custodian; or
(3) implement a permanent plan of adoption, guardianship, or
emancipation of a child.
Sec. 96. "Fentanyl containing substance", for purposes of the
juvenile law, has the meaning set forth in IC 35-31.5-2-130.6.
Sec. 97. "Fentanyl related substance", for purposes of the
juvenile law, has the meaning set forth in IC 35-31.5-2-130.5.
Sec. 98. "Final agency action" means, with respect to an
administrative action taken by the department, the issuance of an
order by the ultimate authority of the department that:
(1) disposes of all issues for all parties to an administrative
proceeding regarding the action after the parties to the
administrative proceeding have exhausted all administrative
remedies concerning the action; and
(2) is designated as a final order by the ultimate authority of
the department.
Sec. 99. "Final separation", for purposes of IC 31-15-7, means
the date of filing of the petition for dissolution of marriage under
IC 31-15-2-4 (or IC 31-1-11.5-3 before its repeal). However, if:
(1) a legal separation proceeding involving the parties was
pending when the petition for dissolution of marriage under
IC 31-15-2-4 (or IC 31-1-11.5-3 before its repeal) was filed; or
(2) a provisional order or final decree for legal separation of
the parties was in effect when the petition for dissolution of
marriage under IC 31-15-2-4 (or IC 31-1-11.5-3 before its
repeal) was filed;
the term means the date that the petition for legal separation was
filed under IC 31-15-3-4 (or IC 31-1-11.5-3 before its repeal).
Sec. 100. "Financial institution", for purposes of IC 31-25-3 and
IC 31-25-4, has the meaning set forth in IC 31-25-4-3.
Sec. 101. "Foreign central authority", for purposes of the
Uniform Interstate Family Support Act under IC 31-18.5, has the
meaning set forth in IC 31-18.5-7-1.
Sec. 102. "Foreign country", for purposes of the Uniform
Interstate Family Support Act under IC 31-18.5, has the meaning
set forth in IC 31-18.5-1-2.
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Sec. 103. "Foreign support agreement", for purposes of the
Uniform Interstate Family Support Act under IC 31-18.5, has the
meaning set forth in IC 31-18.5-7-1.
Sec. 104. "Foreign support order", for purposes of the Uniform
Interstate Family Support Act under IC 31-18.5, has the meaning
set forth in IC 31-18.5-1-2.
Sec. 105. "Foreign tribunal", for purposes of the Uniform
Interstate Family Support Act under IC 31-18.5, has the meaning
set forth in IC 31-18.5-1-2.
Sec. 106. "Forensic interview", for purposes of section 34 of this
chapter and IC 31-25-2-14.5, means an interview in response to a
report of child abuse or neglect conducted by a professional
specially trained in a nationally recognized model using a
multidisciplinary team approach.
Sec. 107. "Foster care", for purposes of IC 31-25, IC 31-26,
IC 31-27, IC 31-28-1, IC 31-28-2, IC 31-28-3, IC 31-34-21-7.6, and
IC 31-37-22-10, means living in:
(1) a place licensed under IC 31-27 or a comparable law of
another state; or
(2) the home of an adult relative who is not licensed as a foster
family home.
Sec. 108. "Foster family home", for purposes of IC 31-27 and
IC 31-34-23-6, means a place where an individual resides and
provides care and supervision on a twenty-four (24) hour basis to
a child, as defined in section 32(d) of this chapter, who is receiving
care and supervision under a juvenile court order or for purposes
of placement.
Sec. 109. "Foster parent", for purposes of the juvenile law,
means an individual who provides care and supervision to a child
in a foster family home (as defined in section 108 of this chapter).
The term includes a licensed kinship caregiver and an unlicensed
kinship caregiver.
Sec. 110. (a) "Foster youth", for purposes of IC 31-25-2-29,
refers to an individual:
(1) who is at least twelve (12) years of age;
(2) who is not more than twenty-three (23) years of age;
(3) who:
(A) is a child in need of services under IC 31-34-1; or
(B) is receiving collaborative care (as defined in
IC 31-28-5.8-1); and
(4) who is in an out-of-home placement.
(b) "Foster youth", for purposes of IC 31-26-4.5, refers to an
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individual:
(1) who is at least fifteen (15) years of age;
(2) who is not more than twenty-three (23) years of age; and
(3) who:
(A) is adjudicated a child in need of services under
IC 31-34-1; or
(B) was in foster care when the individual became an adult
(as defined in section 14(b) of this chapter).
Sec. 111. "Fund", for purposes of IC 31-26-4, has the meaning
set forth in IC 31-26-4-3.
Sec. 112. (a) "Governmental entity", for purposes of IC 31-42,
means the whole or any part of a branch, department, agency, or
instrumentality, or an official, or other individual or entity, acting
under color of law of any of the following:
(1) State government.
(2) A political subdivision (as defined in IC 36-1-2-13).
(3) An instrumentality of a governmental entity described in
subdivision (1) or (2), including a state educational institution,
a body politic, a body corporate and politic, or any other
similar entity established by law.
(b) The term does not include a hospital that is established and
operated under IC 16-22-2, IC 16-22-8, or IC 16-23.
Sec. 113. "Governor", for purposes of IC 31-18.5-8, in the
Uniform Interstate Family Support Act, has the meaning set forth
in IC 31-18.5-8-1.
Sec. 114. "Grandparent visitation", for purposes of
IC 31-17-2.2, means visitation rights granted to a grandparent
under IC 31-17-5.
Sec. 115. "Group home", for purposes of IC 31-27, means a
residential structure in which care is provided on a twenty-four
(24) hour basis for not more than ten (10) children.
Sec. 116. (a) "Guardian", for purposes of IC 31-11-10-1,
IC 31-15-2-5, and IC 31-15-3-4, has the meaning set forth in
IC 29-3-1-6.
(b) "Guardian", for purposes of the juvenile law, means a
person appointed by a court to have the care and custody of a child
or the child's estate, or both.
Sec. 117. (a) "Guardian ad litem", for purposes of IC 31-15-6,
IC 31-19-16, IC 31-19-16.5, IC 31-28-5, IC 31-32-3-10.5, and the
juvenile law, means an attorney, a volunteer, or an employee of a
county program designated under IC 33-24-6-4 who is appointed
by a court to:
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(1) represent and protect the best interests of a child; and
(2) provide the child with services requested by the court,
including:
(A) researching;
(B) examining;
(C) advocating;
(D) facilitating; and
(E) monitoring;
the child's situation.
A guardian ad litem who is not an attorney must complete the same
court approved training program that is required for a court
appointed special advocate under section 67 of this chapter.
(b) "Guardian ad litem", for purposes of IC 31-32-3-10.5,
IC 31-33, IC 31-34, IC 31-35, and IC 31-37, means an attorney, a
volunteer, or an employee of a county program designated under
IC 33-24-6-4 who:
(1) is appointed by a court to represent and protect the best
interests of a child;
(2) is appointed by a court to provide the child with services
requested by the court, including:
(A) researching;
(B) examining;
(C) advocating;
(D) facilitating; and
(E) monitoring;
the child's situation; and
(3) has completed training appropriate for the person's role,
including training in:
(A) the identification and treatment of child abuse and
neglect; and
(B) early childhood, child, and adolescent development;
as required by 42 U.S.C. 5106a(b)(2)(B)(xiii).
A guardian ad litem who is not an attorney must complete the same
court approved training program that is required for a court
appointed special advocate under section 67 of this chapter.
Sec. 118. "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;
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(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.
Sec. 119. "Health care", for purposes of IC 31-42, has the
meaning set forth in IC 16-36-1-1.
Sec. 120. "Health care provider", for purposes of IC 31-32-6-4,
IC 31-32-11-1, and IC 31-33, means any of the following:
(1) A licensed physician, intern, or resident.
(2) An osteopath.
(3) A chiropractor.
(4) A dentist.
(5) A podiatrist.
(6) A registered nurse or other licensed nurse.
(7) A mental health professional.
(8) A paramedic or an emergency medical technician.
(9) A social worker, an x-ray technician, or a laboratory
technician employed by a hospital.
(10) A pharmacist.
(11) A person working under the direction of any of the
practitioners listed in subdivisions (1) through (10).
Sec. 121. (a) "Home state", for purposes of the Uniform Child
Custody Jurisdiction Act under IC 31-21, has the meaning set forth
in IC 31-21-2-8.
(b) "Home state", for purposes of the Uniform Interstate Family
Support Act under IC 31-18.5, has the meaning set forth in
IC 31-18.5-1-2.
Sec. 122. "Identifying information", for purposes of
IC 31-19-9-6 and IC 31-19-17 through IC 31-19-25.5, means:
(1) any name that a party to an adoption has used or is using;
(2) any address that a party to an adoption has used or is
using;
(3) the original certificates of birth stored with the Indiana
department of health with evidence of adoption under
IC 31-19-13-2; and
(4) any other information, except the medical history, that
may identify a person as a party to an adoption or as a birth
parent, an adoptee, or an adoptive parent.
Sec. 123. "Incapacitated person", for purposes of IC 31-11-10-1,
IC 31-15-2-5, and IC 31-15-3-4, has the meaning set forth in
IC 29-3-1-7.5.
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Sec. 124. "Incarceration", for purposes of IC 31-16 and
IC 31-25-4, means confinement of an individual on a full-time basis
in a place of detention that prohibits the individual from gainful
employment, including home detention or a municipal, county,
state, or federal prison or jail. The term does not include an
individual on parole, probation, work release, community
corrections, or any other detention alternative program that allows
the individual to be gainfully employed.
Sec. 125. "Includes" means includes but is not limited to.
Sec. 126. (a) "Income", for purposes of IC 31-16-15 and
IC 31-16-16, means anything of value owed to an obligor.
(b) "Income", for purposes of the Uniform Interstate Family
Support Act under IC 31-18.5, means earnings or other periodic
entitlements to money from any source, and any other property
subject to withholding for support under Indiana law (as defined
in IC 31-18.5-1-2).
Sec. 127. (a) "Income payor", for purposes of IC 31-16-15 and
IC 31-16-16, means an employer or other person who owes income
to an obligor (as defined in section 170(a) of this chapter).
(b) "Income payor", for purposes of the Uniform Interstate
Family Support Act under IC 31-18.5, means an employer or other
person who owes income to an obligor (as defined in
IC 31-18.5-1-2).
Sec. 128. (a) "Income withholding order", for purposes of
IC 31-16-15 and IC 31-16-16, means an order or other legal
process directed to an obligor's income payor to withhold:
(1) support; and
(2) support fees and maintenance fees as described in
IC 33-37-5-6;
from the income of the obligor.
(b) "Income withholding order", for purposes of the Uniform
Interstate Family Support Act under IC 31-18.5, has the meaning
set forth in IC 31-18.5-1-2.
Sec. 128.7. "Independent activity", for purposes of IC 31-34-1-1,
includes any of the following when done by a child without the
supervision of a parent, guardian, or custodian:
(1) Traveling on foot, by bicycle, or by public transportation.
(2) Playing outdoors.
(3) Remaining at home.
(4) Remaining in a stationary vehicle.
Sec. 129. "Index", for purposes of IC 31-33-26, means the child
protection index established under IC 31-33-26-2.
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Sec. 130. "Indian child" has the same meaning as the term is
defined in the Indian Child Welfare Act (25 U.S.C. 1901 et seq.).
Sec. 131. "Initial determination", for purposes of the Uniform
Child Custody Jurisdiction Act under IC 31-21, has the meaning
set forth in IC 31-21-2-9.
Sec. 132. "Initiating tribunal", for purposes of the Uniform
Interstate Family Support Act under IC 31-18.5, has the meaning
set forth in IC 31-18.5-1-2.
Sec. 133. "Intake officer", for purposes of the juvenile law,
means a probation officer or a caseworker who performs the
intake, preliminary inquiry, or other functions specified by the
juvenile court or by the juvenile law.
Sec. 134. "Intended biological parent", for purposes of sections
240 and 241 of this chapter, means a party to a surrogate
agreement who:
(1) agrees to be or is genetically related to a child borne by a
surrogate; and
(2) is not the surrogate's spouse.
Sec. 135. "Interested person", for purposes of IC 31-19-20 and
IC 31-19-24, means any of the following:
(1) An adoptee.
(2) A birth parent.
(3) An adoptive parent.
(4) A relative of a birth parent.
(5) A relative of an adoptive parent.
(6) A relative of an adoptee.
(7) A pre-adoptive sibling (as defined in section 182 of this
chapter).
(8) The department.
(9) An adoption agency.
(10) A court.
Sec. 136. "Issuing court", for purposes of the Uniform Child
Custody Jurisdiction Act under IC 31-21, has the meaning set forth
in IC 31-21-2-10.
Sec. 137. "Issuing foreign country", for purposes of the Uniform
Interstate Family Support Act under IC 31-18.5, has the meaning
set forth in IC 31-18.5-1-2.
Sec. 138. (a) "Issuing state", for purposes of the Uniform
Interstate Family Support Act under IC 31-18.5, has the meaning
set forth in IC 31-18.5-1-2.
(b) "Issuing state", for purposes of the Uniform Child Custody
Jurisdiction Act under IC 31-21, has the meaning set forth in
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IC 31-21-2-11.
Sec. 139. "Issuing tribunal", for purposes of the Uniform
Interstate Family Support Act under IC 31-18.5, has the meaning
set forth in IC 31-18.5-1-2.
Sec. 140. "Joint legal custody", for purposes of IC 31-14-13,
IC 31-17-2-13, IC 31-17-2-14, and IC 31-17-2-15, means that the
persons awarded joint custody will share authority and
responsibility for the major decisions concerning the child's
upbringing, including the child's education, health care, and
religious training.
Sec. 141. "Judge", for purposes of the juvenile law, refers to the
judge of the juvenile court.
Sec. 142. "Juvenile", for purposes of the Interstate Compact on
Juveniles under IC 31-37-23-1, has the meaning set forth in
IC 31-37-23-1.
Sec. 143. "Juvenile court", for purposes of the juvenile law,
refers to a court having juvenile jurisdiction.
Sec. 144. "Juvenile detention facility", for purposes of the
juvenile law, means a facility described in IC 31-31-8-2.
Sec. 145. "Juvenile diversion" has the meaning set forth in
IC 31-37-8.5-1.
Sec. 146. "Juvenile law" refers to IC 31-30 through IC 31-40.
Sec. 147. "Kinship care navigator program", for purposes of
IC 31-25-2-25, means the program established by the department
of child services to assist kinship caregivers in learning about,
finding, and using programs and services to meet the needs of the
caregivers and of the children the caregivers are raising, and to
promote effective partnerships among public and private agencies
to ensure kinship caregiver families are served.
Sec. 148. "Law", for purposes of the Uniform Interstate Family
Support Act under IC 31-18.5, has the meaning set forth in
IC 31-18.5-1-2.
Sec. 149. "Law enforcement agency", for purposes of IC 31-36,
means a governmental agency or department whose principal
function is the apprehension of criminal offenders.
Sec. 150. "Legal settlement", for purposes of IC 31-34-20-5,
IC 31-34-21-10, IC 31-37-19-26, and IC 31-37-20-6, has the
meaning set forth in IC 20-18-2-11.
Sec. 151. "Legend drug", for purposes of the juvenile law, has
the meaning set forth in IC 16-18-2-199.
Sec. 152. "Licensed kinship caregiver" means a relative who is:
(1) providing care and supervision to a child under a court
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order for purposes of placement in a child in need of services
case or juvenile delinquency case; and
(2) licensed as a foster parent under IC 31-27-4.
Sec. 153. "Licensee", for purposes of IC 31-27, means a person
who holds a valid license issued under IC 31-27.
Sec. 154. "Lifetime sex or violent offender" has the meaning set
forth in IC 34-28-2-1.5.
Sec. 155. "Local law enforcement authority" has the meaning
set forth in IC 11-8-8-2.
Sec. 156. "Local office", for purposes of this title, refers to a
local office established by the department to serve a county or a
region.
Sec. 157. "Long term foster parent", for purposes of
IC 31-32-2.5 and IC 31-34-21, means a foster parent who has
provided care and supervision for a child:
(1) for at least the twelve (12) most recent months;
(2) for at least fifteen (15) months of the most recent
twenty-two (22) months; or
(3) if the child is less than twelve (12) months of age, for at
least six (6) months.
Sec. 158. "Maternal or paternal grandparent", for purposes of
IC 31-17-5, includes:
(1) the adoptive parent of the child's parent;
(2) the parent of the child's adoptive parent; and
(3) the parent of the child's parent.
Sec. 159. "Medical history", for purposes of IC 31-19-18
through IC 31-19-20, means:
(1) a comprehensive report required by IC 31-19-2-7; and
(2) any voluntary medical information transmitted to the state
registrar under IC 31-19-18-3.
Sec. 160. "Medical information", for purposes of IC 31-19-18,
IC 31-19-20, and IC 31-19-24, means any information that may
affect the medical history of an adoptee.
Sec. 161. "Modification", for purposes of the Uniform Child
Custody Jurisdiction Act under IC 31-21, has the meaning set forth
in IC 31-21-2-12.
Sec. 162. "Monitor", for purposes of IC 31-27, means
observation to determine the licensee's continuing compliance with
IC 31-27.
Sec. 162.5. "Near fatality", for purposes of IC 31-33-18.5, means
a severe childhood injury or condition that is certified by a
physician as being life threatening.
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Sec. 163. "Neglected child" or "dependent child", for purposes
of IC 31-37-23, has the meaning set forth in IC 31-37-23-5.
Sec. 164. "Noncustodial parent", for purposes of IC 31-14-15,
IC 31-16-6-1.5, and IC 31-17-4, means the parent who is not the
custodial parent.
Sec. 165. "Nonidentifying information", for purposes of
IC 31-19-18, IC 31-19-21, IC 31-19-23, and IC 31-19-24, means any
information, other than a medical history, that:
(1) concerns an interested person to an adoption; and
(2) does not identify a birth parent, an adoptive parent, or an
adoptee.
Sec. 166. "Nonrelocating individual", for purposes of
IC 31-14-13 and IC 31-17-2.2, means an individual who has, or has
filed an action seeking:
(1) custody of the child, whether by court order or by
paternity affidavit under IC 16-37-2;
(2) parenting time with the child, whether by court order or
by paternity affidavit under IC 16-37-2; or
(3) visitation with the child under IC 31-17-5.
Sec. 167. "Nonrelocating parent", for purposes of IC 31-14-13
and IC 31-17-2.2, means a parent of a child who has or is seeking:
(1) custody of the child, whether by court order or by
paternity affidavit under IC 16-37-2; or
(2) parenting time with the child, whether by court order or
by paternity affidavit under IC 16-37-2;
and does not intend to move the individual's principal residence.
Sec. 168. "Nonwaivable offense", for purposes of this title,
means a conviction of any of the following felonies:
(1) Murder (IC 35-42-1-1).
(2) Causing suicide (IC 35-42-1-2).
(3) Assisting suicide (IC 35-42-1-2.5).
(4) Voluntary manslaughter (IC 35-42-1-3).
(5) Involuntary manslaughter (IC 35-42-1-4).
(6) Reckless homicide (IC 35-42-1-5).
(7) Feticide (IC 35-42-1-6).
(8) Battery (IC 35-42-2-1) within the past five (5) years.
(9) Domestic battery (IC 35-42-2-1.3).
(10) Aggravated battery (IC 35-42-2-1.5).
(11) Criminal recklessness (IC 35-42-2-2) within the past five
(5) years.
(12) Strangulation (IC 35-42-2-9).
(13) Kidnapping (IC 35-42-3-2).
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(14) Criminal confinement (IC 35-42-3-3) within the past five
(5) years.
(15) Human and sexual trafficking (IC 35-42-3.5).
(16) A felony sex offense under IC 35-42-4.
(17) Arson (IC 35-43-1-1) within the past five (5) years.
(18) Incest (IC 35-46-1-3).
(19) Neglect of a dependent (IC 35-46-1-4(a) and
IC 35-46-1-4(b)).
(20) Child selling (IC 35-46-1-4(d)).
(21) Reckless supervision (IC 35-46-1-4.1).
(22) Nonsupport of a dependent child (IC 35-46-1-5) within
the past five (5) years.
(23) Operating a motorboat while intoxicated (IC 35-46-9-6)
within the past five (5) years.
(24) A felony involving a weapon under IC 35-47 within the
past five (5) years.
(25) A felony relating to controlled substances under
IC 35-48-4 within the past five (5) years.
(26) An offense relating to material or a performance that is
harmful to minors or obscene under IC 35-49-3.
(27) A felony under IC 9-30-5 within the past five (5) years.
(28) A felony related to the health or safety of a child (as
defined in section 32(h) of this chapter) or an endangered
adult (as defined in IC 12-10-3-2).
Sec. 169. (a) "Obligee", for purposes of IC 31-16-15 and
IC 31-16-16, means a person who is entitled to receive a payment
under a support order.
(b) "Obligee", for purposes of the Uniform Interstate Family
Support Act under IC 31-18.5, has the meaning set forth in
IC 31-18.5-1-2.
Sec. 170. (a) "Obligor", for purposes of IC 31-16-15 and
IC 31-16-16, means an individual who has been ordered by a court
to pay child support.
(b) "Obligor", for purposes of the Uniform Interstate Family
Support Act under IC 31-18.5, has the meaning set forth in
IC 31-18.5-1-2.
(c) "Obligor", for purposes of IC 31-25-4, has the meaning set
forth in IC 31-25-4-4.
Sec. 171. "Office of administrative law proceedings" means the
office of administrative law proceedings established by
IC 4-15-10.5-7.
Sec. 172. "Omission", for purposes of IC 31-34-1-2, means an
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occurrence in which the parent, guardian, or custodian allowed the
child of the parent, guardian, or custodian to receive an injury that
the parent, guardian, or custodian had a reasonable opportunity to
prevent or mitigate.
Sec. 173. "Outside this state", for purposes of the Uniform
Interstate Family Support Act under IC 31-18.5, has the meaning
set forth in IC 31-18.5-1-2.
Sec. 174. (a) "Parent", for purposes of the juvenile law, means
a biological or an adoptive parent. Unless otherwise specified, the
term includes both parents, regardless of their marital status.
(b) "Parent", for purposes of IC 31-34-1, IC 31-34-8,
IC 31-34-19, IC 31-34-20, and IC 31-35-2, includes an alleged
father.
(c) "Parent", for purposes of IC 31-42, means a child's:
(1) biological father or mother;
(2) adopting father or mother; or
(3) court appointed guardian or custodian.
Sec. 175. "Parenting time" means the time set aside by a court
order for a parent and child to spend together.
Sec. 176. "Permanency roundtable", for purposes of
IC 31-34-21-5.7 and IC 31-37-20-3, means an intervention designed
to facilitate the permanency planning process for youth placed
out-of-home by identifying solutions for permanency obstacles.
Sec. 177. (a) "Person", for purposes of IC 31-19-19, IC 31-19-25,
and the juvenile law, means:
(1) a human being;
(2) a corporation;
(3) a limited liability company;
(4) a partnership;
(5) an unincorporated association; or
(6) a governmental entity.
(b) "Person", for purposes of section 93 of this chapter, means
an adult or a minor.
(c) "Person", for purposes of IC 31-27, means an individual who
is at least twenty-one (21) years of age, a corporation, a
partnership, a voluntary association, or other entity.
(d) "Person", for purposes of the Uniform Child Custody
Jurisdiction Act under IC 31-21, has the meaning set forth in
IC 31-21-2-13.
(e) "Person", for purposes of the Uniform Interstate Family
Support Act under IC 31-18.5, has the meaning set forth in
IC 31-18.5-1-2.
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(f) "Person", for purposes of IC 31-10-3.5, means:
(1) an individual; or
(2) a legal entity, including a religious organization.
Sec. 178. "Person acting as a parent", for purposes of the
Uniform Child Custody Jurisdiction Act under IC 31-21, has the
meaning set forth in IC 31-21-2-14.
Sec. 179. "Petitioner", for purposes of the Uniform Child
Custody Jurisdiction Act under IC 31-21, has the meaning set forth
in IC 31-21-2-15.
Sec. 180. "Physical custody", for purposes of the Uniform Child
Custody Jurisdiction Act under IC 31-21, has the meaning set forth
in IC 31-21-2-16.
Sec. 181. (a) "Plan", for purposes of IC 31-26-6, has the
meaning set forth in IC 31-26-6-1.
(b) "Plan", for purposes of IC 31-25-4, has the meaning set forth
in IC 31-25-4-5.
Sec. 182. "Pre-adoptive sibling", for purposes of:
(1) IC 31-19-18;
(2) IC 31-19-16.5;
(3) IC 31-19-24; and
(4) IC 31-19-25.5;
means a person who would have been a sibling of an adoptee had
the adoptee not been adopted, regardless of whether the person is
born before or after the adoptee's adoption is finalized.
Sec. 183. "Preliminary inquiry", for purposes of IC 31-34 and
IC 31-37, means an informal investigation into the facts and
circumstances reported to the court.
Sec. 184. "Premarital agreement", for purposes of the Uniform
Premarital Agreement Act under IC 31-11-3, has the meaning set
forth in IC 31-11-3-2.
Sec. 185. "Prior family law and juvenile law", for purposes of
IC 31-10, refers to the statutes that are repealed or amended in the
recodification act of the 1997 regular session of the general
assembly as the statutes existed before the effective date of the
applicable or corresponding provision of the recodification act of
the 1997 regular session of the general assembly.
Sec. 186. (a) Except as provided in subsection (b), "private
secure facility", for purposes of the juvenile law, means the
following:
(1) A facility that is licensed under IC 31-27 to operate as a
private secure facility.
(2) A private facility that is licensed in another state to
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provide residential care and treatment to one (1) or more
children in a secure facility other than a detention center,
prison, jail, or similar correctional facility.
(b) "Private secure facility", for purposes of IC 31-27, means a
private secure facility other than the following:
(1) A juvenile detention facility established under IC 31-31-8
or IC 31-31-9 (or IC 31-6-9-5 or IC 31-6-9.5 before their
repeal).
(2) A facility operated by the department of correction.
(3) A county jail.
(4) A detention center operated by a county sheriff.
Sec. 187. "Probation or parole", for purposes of the Interstate
Compact on Juveniles under IC 31-37-23-1, has the meaning set
forth in IC 31-37-23-1.
Sec. 188. "Professional health care provider", for purposes of
IC 31-19-25, has the meaning set forth in IC 34-6-2.1-165.
Sec. 189. "Project", for purposes of IC 31-26-4, has the meaning
set forth in IC 31-26-4-4.
Sec. 190. (a) "Property", for purposes of the Uniform
Premarital Agreement Act under IC 31-11-3, has the meaning set
forth in IC 31-11-3-3.
(b) "Property", for purposes of IC 31-15, IC 31-16, and
IC 31-17, means all the assets of either party or both parties,
including:
(1) a present right to withdraw pension or retirement
benefits;
(2) the right to receive pension or retirement benefits that are
not forfeited upon termination of employment or that are
vested (as defined in Section 411 of the Internal Revenue
Code) but that are payable after the dissolution of marriage;
and
(3) the right to receive disposable retired or retainer pay (as
defined in 10 U.S.C. 1408(a)) acquired during the marriage
that is or may be payable after the dissolution of marriage.
Sec. 191. "Prosecuting attorney", for purposes of the juvenile
law, means the prosecuting attorney or the prosecuting attorney's
deputy.
Sec. 192. "Prospective adoptive parent", for purposes of
IC 31-19-2-15, means a person who has filed a petition for adoption
of a child under IC 31-19-2-2.
Sec. 193. (a) "Provider", for purposes of IC 31-28-2 and
IC 31-28-3, means an individual, a partnership, a corporation, or
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a governmental entity that is enrolled in the Medicaid program
under rules adopted under IC 4-22-2 by the office of Medicaid
policy and planning.
(b) "Provider", for purposes of IC 31-28-1, has the meaning set
forth in IC 31-28-1-2.
(c) "Provider", for purposes of IC 31-27, means a person who
operates a child caring institution, foster family home, group home,
or child placing agency under IC 31-27.
Sec. 194. "Public welfare", for purposes of IC 31-25-3 and
IC 31-25-4, means any form of public welfare or Social Security
provided in IC 31-25-3 or IC 31-25-4. The term does not include
direct township assistance as administered by township trustees
under IC 12-20.
Sec. 195. "Putative father", for purposes of IC 31-19 and
IC 31-35-1, means a male of any age who is alleged to be or claims
that he may be a child's father but who:
(1) is not presumed to be the child's father under
IC 31-14-7-1(1) or IC 31-14-7-1(2); and
(2) has not established paternity of the child:
(A) in a court proceeding; or
(B) by executing a paternity affidavit under IC 16-37-2-2.1;
before the filing of an adoption petition.
Sec. 196. "Qualified medical practitioner", for purposes of this
chapter, means the following:
(1) A physician licensed under IC 25-22.5.
(2) A physician assistant licensed under IC 25-27.5.
(3) A physical therapist licensed under IC 25-27.
(4) An advanced practice registered nurse licensed under
IC 25-23.
(5) A chiropractor licensed under IC 25-10.
(6) A psychologist licensed under IC 25-33.
Sec. 197. "Reason to believe", for purposes of IC 31-33, means
evidence that, if presented to individuals of similar background
and training, would cause the individuals to believe that a child was
abused or neglected.
Sec. 198. "Reasonable and prudent parent standard", for
purposes of IC 31-27, IC 31-34, and IC 31-37, means the standard
characterized by careful and sensible parental decisions that
maintain the health, safety, and best interests of a child.
Sec. 199. "Receiving state", for purposes of the Interstate
Compact on Juveniles under IC 31-37-23-1, has the meaning set
forth in IC 31-37-23-1.
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Sec. 200. "Recipient", for purposes of IC 31-25-3 and
IC 31-25-4, means a person who has received or is receiving
assistance for the person or another person.
Sec. 201. (a) "Record", for purposes of the Uniform Interstate
Family Support Act under IC 31-18.5, has the meaning set forth in
IC 31-18.5-1-2.
(b) "Record", for purposes of the Uniform Child Custody
Jurisdiction Act under IC 31-21, has the meaning set forth in
IC 31-21-2-17.
Sec. 202. "Region", for purposes of this title, refers to an area
in Indiana designated as a region by the department. However, for
purposes of IC 31-26-6, the term refers to a service region
established under IC 31-26-6.
Sec. 203. "Regional services council", for purposes of this title,
refers to a regional services council established for a region under
IC 31-26-6-4.
Sec. 204. "Register", for purposes of the Uniform Interstate
Family Support Act under IC 31-18.5, has the meaning set forth in
IC 31-18.5-1-2.
Sec. 205. "Registering tribunal", for purposes of the Uniform
Interstate Family Support Act under IC 31-18.5, has the meaning
set forth in IC 31-18.5-1-2.
Sec. 206. "Registry", for purposes of IC 31-19-5, refers to the
putative father registry established by IC 31-19-5-2.
Sec. 207. (a) "Relative", for purposes of IC 31-19-18 and
IC 31-19-25, means:
(1) an adoptive or whole blood related parent;
(2) a sibling; or
(3) a child.
(b) "Relative", for purposes of IC 31-34-3, means:
(1) a maternal or paternal grandparent;
(2) an adult aunt or uncle;
(3) a parent of a child's sibling if the parent has legal custody
of the sibling; or
(4) any other adult relative suggested by either parent of a
child.
(c) "Relative", for purposes of sections 40, 152, and 251 of this
chapter, IC 31-27, IC 31-28-5.8, IC 31-34-4, IC 31-34-19,
IC 31-34-23-6, and IC 31-37, means any of the following in relation
to a child:
(1) A parent.
(2) A grandparent.
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(3) A brother.
(4) A sister.
(5) A stepparent.
(6) A stepgrandparent.
(7) A stepbrother.
(8) A stepsister.
(9) A first cousin.
(10) An uncle.
(11) An aunt.
(12) Any other individual with whom a child has an
established and significant relationship.
Sec. 207.5. "Religious organization", for purposes of section 177
of this chapter, refers to any of the following:
(1) A house of worship, including a church, synagogue, shrine,
mosque, or temple.
(2) A religious:
(A) group;
(B) corporation;
(C) association;
(D) school or educational institution;
(E) ministry;
(F) order;
(G) society; or
(H) entity, regardless of whether the entity is integrated or
affiliated with a house of worship.
(3) Any officer, owner, employee, manager, religious leader,
clergy, or minister of an entity described in this section.
Sec. 208. "Relocating individual", for purposes of IC 31-14-13
and IC 31-17-2.2, means an individual who has or is seeking:
(1) custody of a child, whether by court order or by paternity
affidavit under IC 16-37-2; or
(2) parenting time with a child, whether by court order or by
paternity affidavit under IC 16-37-2;
and intends to move the individual's principal residence. The term
does not include an individual granted visitation rights under
IC 31-17-5.
Sec. 209. "Relocation", for purposes of IC 31-14-13 and
IC 31-17-2.2, means a change in the primary residence of an
individual for a period of at least sixty (60) days.
Sec. 210. "Residence", for purposes of the Interstate Compact
on Juveniles under IC 31-37-23-1, has the meaning set forth in
IC 31-37-23-1.
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Sec. 211. "Residence state", for purposes of the Interstate
Compact on Adoption Assistance under IC 31-19-29, has the
meaning set forth in IC 31-19-29-2.
Sec. 212. "Residential placement committee", for purposes of
IC 31-25-2-23, means a committee that reviews the placement of
youth in a child caring institution, a private secure facility, or a
group home licensed by the department to ensure that the
placement is in the least restrictive, most family like, and most
appropriate setting available and close to the parent's home,
consistent with the best interests and special needs of the child.
Sec. 213. "Respondent", for purposes of the Uniform Child
Custody Jurisdiction Act under IC 31-21, has the meaning set forth
in IC 31-21-2-18.
Sec. 214. "Responding state", for purposes of the Uniform
Interstate Family Support Act under IC 31-18.5, has the meaning
set forth in IC 31-18.5-1-2.
Sec. 215. "Responding tribunal", for purposes of the Uniform
Interstate Family Support Act under IC 31-18.5, has the meaning
set forth in IC 31-18.5-1-2.
Sec. 216. "Restorative justice services" has the meaning set
forth in IC 31-37-8.5-1.
Sec. 216.5. (a) "Reunification services" means all services that
are provided:
(1) to a parent, guardian, or custodian of a child who is the
subject of a petition alleging that the child is a child in need of
services; and
(2) with the intent of rehabilitating the relationship between
the child and the parent, guardian, or custodian.
(b) The term includes services such as:
(1) individual, group, and family counseling;
(2) inpatient, residential, or outpatient substance abuse
treatment services;
(3) mental health services;
(4) assistance to address domestic violence;
(5) services designed to provide temporary child care and
therapeutic services for families;
(6) peer-to-peer mentoring and support groups for parents
and primary caregivers;
(7) services and activities designed to facilitate access to and
visitation of children by parents and siblings;
(8) substance abuse treatment and screening; and
(9) transportation to or from any of the services and activities
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described in this subsection.
(c) The term does not include services provided to a parent,
guardian, or custodian of a child while the child is residing in a:
(1) child caring institution;
(2) group home; or
(3) private secure facility;
licensed by the department.
Sec. 217. "Risk and needs assessment tool" means a validated
instrument approved by the judicial conference of Indiana for use
at appropriate stages in the juvenile justice system to identify
specific risk factors and needs shown to be statistically related to
a child's risk of reoffending, and that when properly addressed
may reduce a child's risk of reoffending.
Sec. 218. "Risk screening tool" means a validated screening
instrument approved by the judicial conference of Indiana that:
(1) measures a child's risk to reoffend; and
(2) is used to inform a child's eligibility to participate in
juvenile diversion and informal adjustment.
Sec. 219. "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 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.
Sec. 220. "School", for purposes of section 71 of this chapter
and IC 31-39-2-13.8, means a:
(1) public school (including a charter school as defined in
IC 20-24-1-4); or
(2) nonpublic school (as defined in IC 20-18-2-12);
that must comply with the education records privacy provisions of
the federal Family Educational Rights and Privacy Act (20 U.S.C.
1232g) to be eligible to receive designated federal education
funding.
Sec. 220.5. "Screened out", with regard to a report of known or
suspected child abuse or neglect under IC 31-33, means that the
department:
(1) received the report under IC 31-33-7; and
(2) did not refer the report for investigation under IC 31-33-9
based on the department's determination that the report:
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(A) lacked sufficient information;
(B) did not contain allegations of child abuse or neglect;
(C) contained duplicative allegations that were previously
assessed by the department; or
(D) did not contain information indicating a current risk to
a child.
Sec. 221. "Secure detention facility", for purposes of this title,
has the meaning set forth in IC 31-40-1-1.5.
Sec. 222. "Secure facility", for purposes of the juvenile law,
means a place of residence, other than a shelter care facility, that
prohibits the departure of a child.
Sec. 223. (a) Except as provided in subsection (b), "secure
private facility", for purposes of the juvenile law, means the
following:
(1) A facility that is licensed under IC 31-27 to operate as a
secure private facility.
(2) A private facility that is licensed in another state to
provide residential care and treatment to one (1) or more
children in a secure facility other than a detention center,
prison, jail, or similar correctional facility.
(b) "Secure private facility", for purposes of IC 31-27, means a
secure private facility other than the following:
(1) A juvenile detention facility established under IC 31-31-8
or IC 31-31-9 (or IC 31-6-9-5 or IC 31-6-9.5 before their
repeal).
(2) A facility operated by the department of correction.
(3) A county jail.
(4) A detention center operated by a county sheriff.
Sec. 224. "Sending state", for purposes of the Interstate
Compact on Juveniles under IC 31-37-23-1, has the meaning set
forth in IC 31-37-23-1.
Sec. 225. "Services", for purposes of IC 31-40-1, has the
meaning set forth in IC 31-40-1-1.5.
Sec. 226. "Services or items", for purposes of IC 31-36-3, has
the meaning set forth in IC 31-36-3-1.
Sec. 227. (a) Except as provided in subsection (b), "shelter care
facility", for purposes of the juvenile law, means a place of
residence that:
(1) is licensed under the laws of any state; and
(2) is not locked to prevent a child's departure unless the
administrator determines that locking is necessary to protect
the child's health.
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(b) "Shelter care facility", for purposes of IC 31-27-3 and
IC 31-27-5, means a child caring institution or group home that
provides temporary service twenty-four (24) hours a day for not
more than twenty (20) consecutive days to a child:
(1) who is admitted to a residential facility on an emergency
basis; and
(2) who is:
(A) receiving care and supervision under an order of a
juvenile court;
(B) voluntarily placed by the parent or guardian of the
child; or
(C) self-referred.
Sec. 228. (a) "Sibling", for purposes of IC 31-19, IC 31-28-5, and
IC 31-34 (except for IC 31-34-3-4.5), means a brother or sister by
blood, half-blood, or adoption.
(b) "Sibling", for purposes of IC 31-34-3-4.5, means:
(1) a brother or sister by blood, half-blood, or adoption; and
(2) any other individual who would be considered a sibling if
parental rights had not been terminated.
Sec. 229. "Spousal support order", for purposes of the Uniform
Interstate Family Support Act under IC 31-18.5, has the meaning
set forth in IC 31-18.5-1-2.
Sec. 230. (a) "State", for purposes of the Uniform Child Custody
Jurisdiction Act under IC 31-21, has the meaning set forth in
IC 31-21-2-19.
(b) "State", for purposes of the Uniform Interstate Family
Support Act under IC 31-18.5, has the meaning set forth in
IC 31-18.5-1-2.
(c) "State", for purposes of the Interstate Compact on Adoption
Assistance under IC 31-19-29, has the meaning set forth in
IC 31-19-29-2.
(d) "State", for purposes of the Interstate Compact on Juveniles
under IC 31-37-23-1, has the meaning set forth in IC 31-37-23-1.
Sec. 230.5. "State benefit", for purposes of section 82.5 of this
chapter, means any program administered, controlled, or funded
by the state that provides any one (1) or more of the following:
(1) Cash.
(2) Payments.
(3) Grants.
(4) Contracts.
(5) Loans.
(6) In-kind assistance.
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Sec. 231. "State department", for purposes of IC 31-19-5, refers
to the Indiana department of health.
Sec. 232. "State registrar", for purposes of IC 31-19-18 through
IC 31-19-25.5, means the person who:
(1) is in charge of the division of the Indiana department of
health that administers the system of vital records; and
(2) has charge of the files and records pertaining to vital
records.
Sec. 233. "STEVE system", for purposes of IC 31-19-20,
IC 31-19-25, and IC 31-19-25.5, refers to the State and Territorial
Exchange of Vital Events Exchange System, administered by the
National Association for Public Health Statistics and Information
Systems.
Sec. 234. (a) "Substantially burden", for purposes of IC 31-42,
means:
(1) constraining, inhibiting, curtailing, or denying the right of
a parent, either directly or indirectly; or
(2) compelling any action contrary to the right of a parent;
to direct the upbringing, religious instruction, education, or health
care of the parent's child.
(b) The term includes the following:
(1) Withholding benefits.
(2) Assessing criminal, civil, or administrative penalties or
damages.
(3) Exclusion from governmental programs.
Sec. 235. "Substantiated", when used in reference to a child
abuse or neglect report made under IC 31-33, means a
determination regarding the status of the report whenever facts
obtained during an assessment of the report provide a
preponderance of evidence that child abuse or neglect has
occurred.
Sec. 236. "Successful adulthood services", for purposes of
IC 31-25 and IC 31-28, means services for youth that are designed
to assist youth who will age out of foster care with the skills and
abilities necessary or desirable to be self-reliant, including housing
and educational support, career exploration, vocational training,
job placement and support, daily living skills, budgeting and
financial management skills, substance abuse prevention,
preventative health activities, and counseling.
Sec. 237. "Supervised independent living arrangement", for
purposes of IC 31-28-5.8 and IC 31-34-21-7.5, means a living
arrangement that provides housing for a youth that is not
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supervised on site, such as a dormitory, an apartment, or shared
housing, and is not a foster home, host home, group home, child
caring institution, or private secure facility.
Sec. 238. "Support enforcement agency", for purposes of the
Uniform Interstate Family Support Act under IC 31-18.5, has the
meaning set forth in IC 31-18.5-1-2.
Sec. 239. (a) "Support order", for purposes of IC 31-16-15 and
IC 31-16-16, means any judgment, decree, or order of child
support, including medical support, issued by a court, in Indiana
or another state, that has jurisdiction over the support order. The
term includes orders issued under IC 31-14 through IC 31-17.
(b) "Support order", for purposes of the Uniform Interstate
Family Support Act under IC 31-18.5, has the meaning set forth in
IC 31-18.5-1-2.
Sec. 240. "Surrogate", for purposes of IC 31-20, means a party
to a surrogate agreement who agrees to bear or bears a child that
is genetically related to:
(1) the party who agrees to bear or bears the child and an
intended biological parent;
(2) an intended biological parent and a gamete donor who is
not:
(A) an intended biological parent; and
(B) the spouse of the party who agrees to bear or bears the
child; or
(3) two (2) intended biological parents of the child.
Sec. 241. "Surrogate agreement", for purposes of IC 31-20,
means an agreement that is entered into before the birth of a child
between a surrogate and one (1) or more parties and that is
intended by the parties at the time that the agreement is made to
induce the surrogate to relinquish care, custody, and control over
the child at birth to any of the following:
(1) An intended biological parent of the child.
(2) An intended biological parent of the child and another
person who is not:
(A) genetically related to the child; and
(B) the surrogate's spouse.
(3) Two (2) intended biological parents of the child.
Sec. 242. "Team", for purposes of IC 31-33-3, refers to a
community child protection team appointed under IC 31-33-3.
Sec. 243. "Therapeutic foster family home", for purposes of
IC 31-27, means a foster family home:
(1) that provides care to:
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(A) a child; or
(B) an individual at least eighteen (18) but less than
twenty-one (21) years of age receiving collaborative care
under IC 31-28-5.8;
who has serious emotional disturbances, significant
behavioral health needs and functional impairments, or
developmental or physical disabilities;
(2) in which the child or individual receives treatment in a
family home through an integrated array of services
supervised and supported by qualified program staff from:
(A) the department of child services;
(B) a managed care provider that contracts with the
division of mental health and addiction; or
(C) a licensed child placing agency; and
(3) that meets the additional requirements of IC 31-27-4-2.
Sec. 244. "Title IV-D agency" means:
(1) the bureau of child support established in the department
of child services established by IC 31-25-3-1; or
(2) a designated agent of the department described in
IC 31-25-4-13.1.
Sec. 245. "Title IV-D case", for purposes of IC 31-16-15, means
a case arising under Title IV-D of the federal Social Security Act
(42 U.S.C. 651 through 669).
Sec. 246. "Transitional services plan", for purposes of
IC 31-25-2-21, IC 31-34-15, and IC 31-37-19, has the meaning set
forth in IC 31-25-2-21(a).
Sec. 247. "Tribe", for purposes of the Uniform Child Custody
Jurisdiction Act under IC 31-21, has the meaning set forth in
IC 31-21-2-20.
Sec. 248. "Tribunal", for purposes of the Uniform Interstate
Family Support Act under IC 31-18.5, has the meaning set forth in
IC 31-18.5-1-2.
Sec. 249. "Ultimate authority of the department" refers to the
director or the director's designee under IC 31-25-2-11.5.
Sec. 250. "United States central authority", for purposes of the
Uniform Interstate Family Support Act under IC 31-18.5, has the
meaning set forth in IC 31-18.5-7-1.
Sec. 251. "Unlicensed kinship caregiver", for purposes of section
109 of this chapter, IC 31-32-2.5, IC 31-34-21-4.5, and IC 31-28-7,
means a relative (as defined in section 207(c) of this chapter) who
is:
(1) providing care and supervision to a child under a court
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order for purposes of placement in a child in need of services
case or juvenile delinquency case; and
(2) not licensed as a foster parent under IC 31-27-4.
Sec. 252. "Unsubstantiated", for purposes of IC 31-33 and
IC 31-39-8-4, means a determination regarding the status of a
report made under IC 31-33 whenever facts obtained during an
assessment of the report provide credible evidence that child abuse
or neglect has not occurred.
Sec. 253. (a) "Victim of child abuse or neglect", for purposes of
IC 31-32-11-1 and IC 31-33, refers to:
(1) a child as described in:
(A) IC 31-34-1-1 through IC 31-34-1-5;
(B) IC 31-34-1-10; or
(C) IC 31-34-1-11;
regardless of whether the child needs care, treatment,
rehabilitation, or the coercive intervention of a court; or
(2) an individual who:
(A) is at least eighteen (18) years of age but less than
twenty-one (21) years of age;
(B) resides, or has previously resided, at a residential
facility licensed by the department; and
(C) is harmed or threatened with harm as a result of:
(i) a battery offense included in IC 35-42-2; or
(ii) sexual activity (as defined in IC 35-42-4-13(b));
committed by a member of the staff at the residential
facility.
(b) The term does not include a child who is alleged to be a
victim of a sexual offense under IC 35-42-4-3 unless the alleged
offense under IC 35-42-4-3 involves the fondling or touching of the
buttocks, genitals, or female breasts.
Sec. 254. "Victim of human or sexual trafficking", for purposes
of IC 31-34-1-3.5, refers to a child who is recruited, harbored,
transported, or engaged in:
(1) forced labor;
(2) involuntary servitude;
(3) prostitution;
(4) juvenile prostitution, as defined in IC 35-31.5-2-178.5;
(5) child exploitation under IC 35-42-4-4;
(6) marriage, unless authorized by a court under
IC 31-11-1-7;
(7) trafficking for the purpose of prostitution, juvenile
prostitution, or participation in sexual conduct as defined in
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IC 35-42-4-4(a); or
(8) human trafficking as defined in IC 35-42-3.5-0.5.
Sec. 255. "Voluntary information", for purposes of IC 31-19-18,
means the information transmitted to the state registrar as
provided in IC 31-19-18-3.
Sec. 256. (a) "Wardship", for purposes of the juvenile law,
means the responsibility for temporary care and custody of a child
by transferring the rights and obligations from the child's parent,
guardian, or custodian to the person granted wardship. Except to
the extent a right or an obligation is specifically addressed in the
court order establishing wardship, the rights and obligations of the
person granted wardship include making decisions concerning the:
(1) physical custody of the child;
(2) care and supervision of the child;
(3) child's visitation with parents, relatives, or other
individuals; and
(4) medical care and treatment of the child.
(b) "Wardship" does not apply to requirements for consenting
to an adoption under IC 31-19-9.
Sec. 257. (a) "Warrant", for purposes of IC 31-25-3 and
IC 31-25-4, means an instrument that is:
(1) the equivalent of a money payment; and
(2) immediately convertible into cash by the payee for the full
face amount of the instrument.
(b) "Warrant", for purposes of the Uniform Child Custody
Jurisdiction Act under IC 31-21, has the meaning set forth in
IC 31-21-2-21.
Sec. 258. "Youth service bureau", for purposes of IC 31-26-1,
has the meaning set forth in IC 31-26-1-2.
SECTION 162. IC 31-12-3-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 2. The family relations
division may be administered by:
(1) the community mental health center;
(2) a managed care provider (as defined in IC 12-7-2-127(b));
IC 12-7-2.1-219); or
(3) any other person approved by the court.
SECTION 163. IC 31-15-7-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 4. (a) In an action for
dissolution of marriage under IC 31-15-2-2, the court shall divide the
property of the parties, whether:
(1) owned by either spouse before the marriage;
(2) acquired by either spouse in his or her own right:
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(A) after the marriage; and
(B) before final separation of the parties; or
(3) acquired by their joint efforts.
(b) The court shall divide the property in a just and reasonable
manner by:
(1) division of the property in kind;
(2) setting the property or parts of the property over to one (1) of
the spouses and requiring either spouse to pay an amount, either
in gross or in installments, that is just and proper;
(3) ordering the sale of the property under such conditions as the
court prescribes and dividing the proceeds of the sale; or
(4) ordering the distribution of benefits described in
IC 31-9-2-98(b)(2) IC 31-9-2.1-190(b)(2) or IC 31-9-2-98(b)(3)
IC 31-9-2.1-190(b)(3) that are payable after the dissolution of
marriage, by setting aside to either of the parties a percentage of
those payments either by assignment or in kind at the time of
receipt.
SECTION 164. IC 31-18.5-1-2, AS ADDED BY P.L.206-2015,
SECTION 53, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. In this article:
(1) "Child" means an individual, whether over or under the age of
majority, who is or is alleged to be owed a duty of support by the
individual's parent or who is or is alleged to be the beneficiary of
a support order directed to the parent.
(2) "Child support order" means a support order for a child,
including a child who has attained the age of majority under the
law of the issuing state or foreign country.
(3) "Convention" means the Convention on the International
Recovery of Child Support and Other Forms of Family
Maintenance, concluded at The Hague on November 23, 2007.
(4) "Duty of support" means an obligation imposed or imposable
by law to provide support for a:
(A) child;
(B) spouse; or
(C) former spouse;
including an unsatisfied obligation to provide support.
(5) "Foreign country" means a country, including a political
subdivision thereof, other than the United States, that authorizes
the issuance of support orders and:
(A) which has been declared under the law of the United
States to be a foreign reciprocating country;
(B) which has established a reciprocal arrangement for child
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support with Indiana as provided in IC 31-18.5-3-8;
(C) which has enacted a law or established procedures for the
issuance and enforcement of support orders which are
substantially similar to the procedures under this article; or
(D) in which the Convention is in force with respect to the
United States.
(6) "Foreign support order" means a support order of a foreign
tribunal.
(7) "Foreign tribunal" means a court, administrative agency, or
quasi-judicial entity of a foreign country which is authorized to:
(A) establish, enforce, or modify support orders; or
(B) determine parentage of a child.
The term includes a competent authority under the Convention.
(8) "Home state" means:
(A) the state or foreign country in which a child lived with a
parent or a person acting as parent for at least six (6)
consecutive months immediately preceding the time of filing
of a petition or comparable pleading for support; and
(B) if a child is less than six (6) months old, the state or
foreign country in which the child lived from birth with any
parent or person acting as parent.
A period of temporary absence of any parent or person acting as
parent is counted as part of the six (6) month or other period.
(9) "Income" includes earnings or other periodic entitlements to
money from any source and any other property subject to
withholding for support under Indiana law.
(10) "Income withholding order" means an order or other legal
process directed to an obligor's income payor (as defined in
IC 31-9-2-57) IC 31-9-2.1-127) or other debtor to withhold
support from the income of the obligor.
(11) "Initiating tribunal" means the tribunal of a state or foreign
country from which a petition or comparable pleading is
forwarded or in which a petition or comparable pleading is filed
for forwarding to another state or foreign country.
(12) "Issuing foreign country" means the foreign country in which
a tribunal issues a support order or a judgment determining
parentage of a child.
(13) "Issuing state" means the state in which a tribunal issues a
support order or a judgment determining parentage of a child.
(14) "Issuing tribunal" means the tribunal of a state or foreign
country that issues a support order or a judgment determining
parentage of a child.
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(15) "Law" includes decisional and statutory law and rules and
regulations having the force of law.
(16) "Obligee" means:
(A) an individual to whom a duty of support is or is alleged to
be owed or in whose favor:
(i) a support order; or
(ii) a judgment determining parentage of a child;
has been issued;
(B) a foreign country, state, or political subdivision of a state
to which the rights under a duty of support or support order
have been assigned or which has independent claims based on
financial assistance provided to an individual obligee in place
of child support;
(C) an individual seeking a judgment determining parentage
of the individual's child; or
(D) a person that is a creditor in a proceeding under
IC 31-18.5-7.
(17) "Obligor" means an individual or the estate of a decedent
that:
(A) owes or is alleged to owe a duty of support;
(B) is alleged but has not been adjudicated to be a parent of a
child;
(C) is liable under a support order; or
(D) is a debtor in a proceeding under IC 31-18.5-7.
(18) "Outside this state" means a location in another state or a
country other than the United States, whether or not the country
is a foreign country.
(19) "Person" means:
(A) an individual;
(B) a corporation;
(C) a business trust;
(D) an estate;
(E) a trust;
(F) a partnership;
(G) a limited liability company;
(H) an association;
(I) a joint venture;
(J) a public corporation;
(K) a government;
(L) a governmental subdivision, agency, or instrumentality; or
(M) any other legal or commercial entity.
(20) "Record" means information that is inscribed on a tangible
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medium or that is stored in an electronic or other medium and is
retrievable in perceivable form.
(21) "Register" means to file in an Indiana tribunal a support
order or judgment determining parentage of a child issued in
another state or a foreign country.
(22) "Registering tribunal" means a tribunal in which a support
order or judgment determining parentage of a child is registered.
(23) "Responding state" means a state in which a petition or
comparable pleading for support or to determine parentage of a
child is filed or to which a petition or comparable pleading is
forwarded for filing from another state or a foreign country.
(24) "Responding tribunal" means the authorized tribunal in a
responding state or foreign country.
(25) "Spousal support order" means a support order for a spouse
or former spouse of the obligor.
(26) "State" means:
(A) a state of the United States;
(B) the District of Columbia;
(C) Puerto Rico;
(D) the United States Virgin Islands; or
(E) any territory or insular possession under the jurisdiction of
the United States.
The term includes an Indian nation or tribe.
(27) "Support enforcement agency" means a public official,
governmental entity, or private agency authorized to:
(A) seek enforcement of support orders or laws relating to the
duty of support;
(B) seek establishment or modification of child support;
(C) request determination of parentage of a child;
(D) attempt to locate obligors or their assets; or
(E) request determination of the controlling child support
order.
(28) "Support order" means a judgment, decree, order, or
directive, whether:
(A) temporary;
(B) final; or
(C) subject to modification;
issued in a state or foreign country for the benefit of a child, a
spouse, or a former spouse, which provides for monetary support,
health care, arrearages, retroactive support, or reimbursement for
financial assistance provided to an individual obligee in place of
child support. The term may include related costs and fees,
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interest, income withholding, automatic adjustment, reasonable
attorney's fees, and other relief.
(29) "Tribunal" means a court, administrative agency, or
quasi-judicial entity authorized to establish, enforce, or modify
support orders or to determine parentage of a child.
SECTION 165. IC 31-18.5-1-3, AS ADDED BY P.L.206-2015,
SECTION 53, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3. (a) The court is the tribunal of Indiana.
(b) The Title IV-D agency (as defined in IC 31-9-2-130)
IC 31-9-2.1-244) is the support enforcement agency of Indiana.
SECTION 166. IC 31-18.5-5-1, AS ADDED BY P.L.206-2015,
SECTION 53, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. An income withholding order issued in another
state may be sent by or on behalf of the obligee, or by the support
enforcement agency, to the person defined as the obligor's income
payor under IC 31-9-2-57 IC 31-9-2.1-127 without first filing a petition
or comparable pleading or registering the order with an Indiana
tribunal.
SECTION 167. IC 31-19-2-7.5, AS AMENDED BY P.L.183-2017,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 7.5. (a) This section does not apply to a petitioner
for adoption who provides the licensed child placing agency or the
local office with the results of a criminal history check conducted:
(1) in accordance with IC 31-9-2-22.5; IC 31-9-2.1-58; and
(2) not more than one (1) year before the date on which the
petition is filed.
(b) Every petitioner for adoption shall submit the necessary
information, forms, or consents for:
(1) a licensed child placing agency; or
(2) the local office;
that conducts the inspection and investigation required for adoption of
a child under IC 31-19-8-5 to conduct a criminal history check (as
defined in IC 31-9-2-22.5) IC 31-9-2.1-58) of the petitioner as part of
its investigation.
(c) Except as provided in subsection (d), the petitioner for adoption
shall pay the fees and other costs of the criminal history check required
under this section.
(d) If the petitioner for adoption seeks to adopt a child who is under
the care and supervision of the department at the time of or any time
after the filing of the petition for adoption, the department may pay the
fees and other costs of the criminal history check required under this
section.
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SECTION 168. IC 31-19-2-12, AS AMENDED BY P.L.128-2012,
SECTION 46, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 12. As soon as a petition for adoption is found to
be in proper form, the clerk of the court shall forward one (1) copy of
the petition for adoption to a licensed child placing agency as described
in IC 31-9-2-17.5, IC 31-9-2.1-46, with preference to be given to the
agency, if any, sponsoring the adoption, as shown by the petition for
adoption.
SECTION 169. IC 31-19-7-1, AS AMENDED BY P.L.128-2012,
SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. (a) A child may not be placed in a proposed
adoptive home without the prior written approval of a licensed child
placing agency or the local office approved for that purpose by the
department.
(b) Except as provided in subsection (d), before giving prior written
approval for placement in a proposed adoptive home of a child, a
licensed child placing agency or the department of child services shall
conduct a criminal history check (as defined in IC 31-9-2-22.5)
IC 31-9-2.1-58) concerning the proposed adoptive parent and any other
person who is currently residing in the proposed adoptive home.
(c) The prospective adoptive parent shall pay the fees and other
costs of the criminal history check required under this section.
(d) A licensed child placing agency or the department of child
services is not required to conduct a criminal history check (as defined
in IC 31-9-2-22.5) IC 31-9-2.1-58) if a prospective adoptive parent
provides the licensed child placing agency or the local office with the
results of a criminal history check conducted:
(1) in accordance with IC 31-9-2-22.5; IC 31-9-2.1-58; and
(2) not more than one (1) year before the date on which the
licensed child placing agency or the local office provides written
approval for the placement.
SECTION 170. IC 31-19-11-1, AS AMENDED BY P.L.56-2023,
SECTION 282, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 1. (a) Whenever the court has heard
the evidence and finds that:
(1) the adoption requested is in the best interest of the child;
(2) the petitioner or petitioners for adoption are of sufficient
ability to rear the child and furnish suitable support and
education;
(3) the report of the investigation and recommendation under
IC 31-19-8-5 has been filed;
(4) the attorney or agency arranging an adoption has filed with the
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court an affidavit prepared by the Indiana department of health
under IC 31-19-5-16 indicating whether a man is entitled to notice
of the adoption because the man has registered with the putative
father registry in accordance with IC 31-19-5;
(5) proper notice arising under subdivision (4), if notice is
necessary, of the adoption has been given;
(6) the attorney or agency has filed with the court an affidavit
prepared by the Indiana department of health under:
(A) IC 31-19-6 indicating whether a record of a paternity
determination; or
(B) IC 16-37-2-2(g) indicating whether a paternity affidavit
executed under IC 16-37-2-2.1;
has been filed in relation to the child;
(7) proper consent, if consent is necessary, to the adoption has
been given;
(8) the petitioner for adoption is not prohibited from adopting the
child as the result of an inappropriate criminal history described
in subsection (c) or (d); and
(9) the person, licensed child placing agency, or local office that
has placed the child for adoption has provided the documents and
other information required under IC 31-19-17 to the prospective
adoptive parents;
the court shall grant the petition for adoption and enter an adoption
decree.
(b) A court may not grant an adoption unless the Indiana department
of health's affidavit under IC 31-19-5-16 is filed with the court as
provided under subsection (a)(4).
(c) A juvenile adjudication for an act listed in IC 31-9-2-84.8
IC 31-9-2.1-168 that would be a felony if committed by an adult, a
conviction of a misdemeanor related to the health and safety of a child,
or a conviction of a felony not listed in IC 31-9-2-84.8 IC 31-9-2.1-168
by a petitioner for adoption or household member is a permissible basis
for the court to deny the petition for adoption. In addition, the court
may not grant an adoption if a petitioner for adoption has been
convicted of a nonwaivable offense under IC 31-9-2-84.8.
IC 31-9-2.1-168. However, the court is not prohibited from granting an
adoption based upon a felony conviction for:
(1) a felony under IC 9-30-5;
(2) battery (IC 35-42-2-1);
(3) criminal recklessness (IC 35-42-2-2) as a felony;
(4) criminal confinement (IC 35-42-3-3);
(5) arson (IC 35-43-1-1);
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(6) nonsupport of a dependent child (IC 35-46-1-5);
(7) operating a motorboat while intoxicated (IC 35-46-9-6) as a
felony;
(8) a felony involving a weapon under IC 35-47; or
(9) a felony relating to controlled substances under IC 35-48-4;
if the date of the conviction did not occur within the immediately
preceding five (5) year period.
(d) A court may not grant an adoption if the petitioner is a sex or
violent offender (as defined in IC 11-8-8-5) or a sexually violent
predator (as defined in IC 35-38-1-7.5).
(e) In addition to this section, section 1.1 of this chapter applies
when one (1) or more petitioners is a person with a disability.
SECTION 171. IC 31-25-2-23, AS AMENDED BY P.L.123-2014,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 23. (a) The department shall establish a
permanency roundtable (as defined in IC 31-9-2-88.7).
IC 31-9-2.1-176). The permanency roundtable shall review:
(1) a child's permanency plan under IC 31-34-21-5.7 if the child
is placed in a child caring institution, group home, or private
secure facility; and
(2) a child's permanency plan under IC 31-37-20-3 if the child is
placed in a child caring institution, group home, or private secure
facility;
and make recommendations to the court.
(b) The department shall establish a residential placement
committee (as defined in IC 31-9-2-109.5). IC 31-9-2.1-212). The
residential placement committee shall, before a case plan is approved
by the local office or court, review:
(1) a child's placement in a child caring institution, group home,
or private secure facility under IC 31-34-15-2; and
(2) a child's placement in a child caring institution, group home,
or private secure facility under IC 31-37-19-1.5 if the placement
is contrary to the department's recommendation under
IC 31-37-17-1.4;
and make recommendations to the court.
SECTION 172. IC 31-26-5-3, AS AMENDED BY P.L.186-2025,
SECTION 158, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 3. (a) Family preservation services
may provide:
(1) comprehensive, coordinated, flexible, and accessible services;
(2) intervention as early as possible with emphasis on establishing
a safe and nurturing environment;
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(3) services to families who have members placed in care settings
outside the nuclear family; and
(4) planning options for temporary placement outside the family
if it would endanger the child to remain in the home.
(b) Unless authorized by a juvenile court, family preservation
services may not include a temporary out-of-home placement if a
person who is currently residing in the location designated as the
out-of-home placement has committed an act resulting in a
substantiated report of child abuse or neglect or has a juvenile
adjudication or a conviction for a nonwaivable offense, as defined in
IC 31-9-2-84.8. IC 31-9-2.1-168.
(c) Before placing a child at imminent risk of placement in a
temporary out-of-home placement, the department shall conduct a
criminal history check (as defined in IC 31-9-2-22.5) IC 31-9-2.1-58)
for each person described in subsection (b). However, the department
is not required to conduct a criminal history check under this section
if the temporary out-of-home placement is made to an entity or facility
that is not a residence (as defined in IC 3-5-2.1-90) or that is licensed
by the state.
SECTION 173. IC 31-27-2-1, AS AMENDED BY P.L.128-2012,
SECTION 93, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. The department shall perform the following
duties:
(1) Administer the licensing and monitoring of child caring
institutions, foster family homes, group homes, and child placing
agencies in accordance with this article.
(2) Ensure that a criminal history check of an applicant is
conducted under IC 31-9-2-22.5 IC 31-9-2.1-58 before issuing a
license.
(3) Provide for the issuance, denial, and revocation of licenses.
(4) Cooperate with governing bodies of child caring institutions,
foster family homes, group homes, and child placing agencies and
their staffs to improve standards of child care.
(5) Prepare at least biannually a directory of licensees, except for
foster family homes, with a description of the program capacity
and type of children served that will be distributed to the
legislature, licensees, and other interested parties as a public
document.
(6) Deposit all license application fees collected under section 2
of this chapter in the department of child services child care fund
established by IC 31-25-2-16.
SECTION 174. IC 31-27-2-8, AS AMENDED BY P.L.183-2017,
SEA 80 — CC 1
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SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 8. (a) Except as provided in subsection (f), the
department may grant a variance or waiver of a rule governing child
caring institutions, foster family homes, group homes, or child placing
agencies. A variance or waiver granted under this section must promote
statewide practices and must protect the rights of persons affected by
this article.
(b) The department may grant a variance to a rule if an applicant for
a license or a licensee under this article does the following:
(1) Submits to the department a written request for the variance
in the form and manner specified by the department.
(2) Documents that compliance with an alternative method of
compliance approved by the department will not be adverse to the
health, safety, or welfare of a child receiving services from the
applicant for the variance, as determined by the department.
(c) A variance granted under subsection (b) must be conditioned
upon compliance with the alternative method approved by the
department. Noncompliance constitutes the violation of a rule of the
department and may be the basis for revoking the variance.
(d) The department may grant a waiver of a rule if an applicant for
a license or a licensee under this article does the following:
(1) Submits to the department a written request for the waiver in
the form and manner specified by the department.
(2) Documents that compliance with the rule specified in the
application for the waiver will create an undue hardship on the
applicant for the waiver, as determined by the department.
(3) Documents that the applicant for the waiver will be in
substantial compliance with the rules adopted by the department
after the waiver is granted, as determined by the department.
(4) Documents that noncompliance with the rule specified in the
application for a waiver will not be adverse to the health, safety,
or welfare of a child receiving services from the applicant for the
waiver, as determined by the department.
(e) Except for a variance or waiver of a rule governing foster family
homes, a variance or waiver of a rule under this section that conflicts
with a building rule or fire safety rule adopted by the fire prevention
and building safety commission is not effective until the variance or
waiver is approved by the fire prevention and building safety
commission.
(f) A waiver may not be granted for an applicant who has been
convicted of a nonwaivable offense, as defined in IC 31-9-2-84.8.
IC 31-9-2.1-168.
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SECTION 175. IC 31-27-3-3, AS AMENDED BY HEA 1092-2026,
SECTION 5, AND BY HEA 1357-2026, 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
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 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)(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
SEA 80 — CC 1
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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 IC 31-9-2.1-168 that, if committed
by an adult, would be a felony;
(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) and section 3.5 of this
chapter, 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) 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). IC 31-9-2.1-58(1).
(B) A national sex offender registry check under
IC 31-9-2-22.5(3). IC 31-9-2.1-58(3).
(C) An in-state local criminal records check under
IC 31-9-2-22.5(4). IC 31-9-2.1-58(4).
(D) An in-state child protection index check under
IC 31-33-26.
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(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). IC 31-9-2.1-58(2).
(B) An out-of-state local criminal records check under
IC 31-9-2-22.5(4). IC 31-9-2.1-58(4).
(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 176. IC 31-27-3-5, AS AMENDED BY HEA 1042-2026,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
SEA 80 — CC 1
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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
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 IC 31-9-2.1-168 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. IC 31-9-2.1-168.
(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
SEA 80 — CC 1
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in IC 31-9-2-84.8 IC 31-9-2.1-168 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 177. IC 31-27-3-31, AS AMENDED BY HEA
1202-2026, SECTION 42, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 31. (a) The following constitute
sufficient grounds for revocation of a license:
(1) A determination by the department of child abuse or neglect
by:
(A) the licensee; or
(B) an employee, volunteer, or contractor of the licensee.
(2) A criminal conviction of the licensee, or the director or
manager of a facility where children will be placed by the
licensee, of any of the following:
(A) A felony.
(B) A misdemeanor related to the health or 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.
SEA 80 — CC 1
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(3) A determination by the department that the licensee made
false statements in the licensee's application for licensure.
(4) A determination by the department that the licensee made
false statements in the records required by the department.
(5) A determination by the department that:
(A) the licensee; or
(B) an employee, volunteer, or contractor of the licensee;
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 a licensee for a nonwaivable
offense, as defined in IC 31-9-2-84.8 IC 31-9-2.1-168 that, if
committed by an adult, would be a felony.
(7) A determination by the department that the operator of the
child caring institution has failed to comply with an order of the
department of homeland security.
(b) A license may also be revoked if an employee, volunteer, or
contractor of the licensee has had any of the following:
(1) A conviction of a nonwaivable offense, as defined in
IC 31-9-2-84.8. IC 31-9-2.1-168.
(2) A conviction of any other felony or a misdemeanor relating to
the health and safety of a child, unless the licensee 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 IC 31-9-2.1-168 that, if committed by an adult,
would be a felony, unless the licensee 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 could be revoked due to a criminal conviction of, or
a determination of child abuse or neglect by, an employee,
volunteer, or contractor of the licensee; and
(2) the department determines that the employee, volunteer, or
contractor has been dismissed by the licensee within a reasonable
SEA 80 — CC 1
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time after the licensee 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 revocation of a license.
(e) The department may adopt rules to implement this section.
SECTION 178. IC 31-27-4-5, AS AMENDED BY P.L.183-2017,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 5. (a) An applicant must apply for a foster family
home license on forms provided by the department.
(b) An applicant must submit the required information as part of the
application.
(c) An applicant must submit with the application a statement
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) An applicant shall submit the necessary information, forms, or
consents for the department to conduct a criminal history check for
each individual who is an applicant.
(e) The department or, at the discretion of the department, an
applicant, shall conduct a criminal history check of:
(1) the applicant's employees and volunteers who have or will
have direct contact, on a regular and continuing basis, with
children who are or will be under the direct supervision of the
applicant; and
(2) all household members.
(f) If the applicant conducts criminal history checks under
subsection (e), the applicant shall maintain records of the information
received concerning each individual subject of a criminal history
check.
(g) If the department conducts a criminal history check on behalf of
an applicant under subsection (e), the department shall:
(1) make a determination whether the subject of a national
fingerprint based criminal history check has a record of:
(A) a conviction for a felony;
SEA 80 — CC 1
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(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 IC 31-9-2.1-168 that, if committed
by an adult, would be a felony;
(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 (e); and
(4) maintain a record of every report and all information the
department receives concerning a person described in subsection
(e).
(h) Except as provided in subsection (i), a criminal history check
described in subsection (e) is required only at the time an application
for a new license or the renewal of an existing license is submitted.
(i) A criminal history check concerning a person described in
subsection (e) must be completed on or before the date the employee
or volunteer has direct contact on a regular and continuing basis with
a child placed in the home or the person first becomes a resident of the
applicant's household as described in subsection (e)(2).
(j) The applicant 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
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 179. IC 31-27-4-6, AS AMENDED BY P.L.45-2023,
SECTION 4, 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:
SEA 80 — CC 1
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(A) the applicant;
(B) an employee or a volunteer of the applicant who has direct
contact, on a regular and continuous basis, with children who
are under the direct supervision of the applicant; or
(C) a person residing in the applicant's residence.
(2) A criminal conviction of the applicant of 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 care center or child
care home without a license under IC 12-17.2-5; or
(D) a misdemeanor for operating a foster family home without
a license under this chapter (or IC 12-17.4-4 before its repeal).
(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;
(B) an employee or a volunteer of the applicant who has direct
contact, on a regular and continuous basis, with children who
are under the direct supervision of the applicant; or
(C) a person residing in the applicant's residence;
previously operated a child care center or child care home without
a license under IC 12-17.2-5 or a foster family home without a
license under this chapter (or IC 12-17.4-4 before its repeal).
(6) A juvenile adjudication of the applicant for a nonwaivable
offense, as defined in IC 31-9-2-84.8 IC 31-9-2.1-168 that, if
committed by an adult, would be a felony.
(b) An application for a license may also be denied if an individual
who resides in the residence of the applicant or an employee or
volunteer of the applicant who has direct contact on a regular and
continuous basis with children who are under the direct supervision 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. IC 31-9-2.1-168.
(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 or to permit
the individual to reside in the applicant's residence.
(3) A juvenile adjudication for a nonwaivable offense, as defined
in IC 31-9-2-84.8 IC 31-9-2.1-168 that, if committed by an adult,
SEA 80 — CC 1
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would be a felony, unless the applicant is granted a waiver by the
department to:
(A) employ or assign the person as a volunteer in a position
described in this subsection; or
(B) permit the individual to reside in the applicant's residence.
(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 or volunteer assignment.
(5) The nature and extent of unsupervised contact with children
residing in the home.
(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, a volunteer, or a person residing in the residence of the
applicant; and
(2) the department determines that the employee or volunteer has
been dismissed before the employee or volunteer has direct
contact on a regular and continuing basis with a child who is or
will be placed in a facility operated by the applicant or that the
person residing in the residence no longer resides there;
the criminal conviction of, or determination of child abuse or neglect
by, the former employee, former volunteer, or former household
resident does not constitute a sufficient basis for the denial of a license
application.
(e) The following do not constitute a sufficient basis for the denial
of a license application:
(1) The applicant's immunization status or refusal to receive an
immunization.
(2) The immunization status of or refusal to receive an
immunization by:
(A) an individual who resides in the applicant's residence; or
(B) an employee or volunteer of the applicant who has direct
contact on a regular and continuous basis with children who
are under the direct supervision of the applicant.
(f) Nothing in this section prohibits a licensed child placing agency
from making placement decisions based on the individual needs of a
medically fragile child or on biological parental preferences.
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(g) The department may adopt rules to implement this section.
SECTION 180. IC 31-27-4-13, AS AMENDED BY P.L.183-2017,
SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 13. (a) The department shall deny a license when
an applicant fails to meet the requirements for a license. The
department shall deny a license to an applicant who has been convicted
of a nonwaivable offense (as defined in IC 31-9-2-84.8).
IC 31-9-2.1-168).
(b) The department may deny a license to an applicant who:
(1) has been convicted of a felony that is not described in
subsection (a); or
(2) has had a juvenile adjudication for an act described in
subsection (a) that, if committed by an adult, would be a felony.
(c) The department shall send written notice by certified mail that
the application has been denied and give the reasons for the denial.
(d) An administrative hearing concerning the denial of a license
shall be provided upon written request by the applicant. The request
must be made not more than thirty (30) days after receiving the written
notice under subsection (c).
(e) An administrative hearing shall be held in accordance with
IC 4-21.5-3.
SECTION 181. IC 31-27-4-32, AS AMENDED BY P.L.183-2017,
SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 32. (a) The following constitute sufficient grounds
for revocation of a license:
(1) A determination by the department of child abuse or neglect
by:
(A) the licensee;
(B) an employee or a volunteer of the licensee who has direct
contact, on a regular and continuous basis, with children who
are under the direct supervision of the licensee; or
(C) a person who is residing in the home of the licensee.
(2) A criminal conviction of the licensee for any of the following:
(A) A felony.
(B) A misdemeanor related to the health or safety of a child.
(C) A misdemeanor for operating a child care center or child
care home without a license under IC 12-17.2-5.
(D) A misdemeanor for operating a foster family home without
a license under this chapter (or IC 12-17.4-4 before its repeal).
(3) A determination by the department that the licensee made
false statements in the licensee's application for licensure.
(4) A determination by the department that the licensee made
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false statements in the records required by the department.
(5) A determination by the department that:
(A) the licensee;
(B) an employee or a volunteer of the licensee who has direct
contact, on a regular and continuous basis, with children who
are under the direct supervision of the licensee; or
(C) a person residing in the licensee's residence;
previously operated a child care center or child care home without
a license under IC 12-17.2-5 or a foster family home without a
license under this chapter (or IC 12-17.4-4 before its repeal).
(6) A juvenile adjudication of the licensee for a nonwaivable
offense, as defined in IC 31-9-2-84.8 IC 31-9-2.1-168 that, if
committed by an adult, would be a felony.
(b) A license may also be revoked if an individual who resides in the
residence of the licensee or an employee or volunteer of the licensee
who has direct contact on a regular and continuous basis with children
who are under the direct supervision of the licensee has had any of the
following:
(1) A conviction of a nonwaivable offense, as defined in
IC 31-9-2-84.8. IC 31-9-2.1-168.
(2) A conviction of any other felony or a misdemeanor relating to
the health and safety of a child, unless the licensee is granted a
waiver by the department to employ or assign the person as a
volunteer in a position described in this subsection or to permit
the individual to reside in the licensee's residence.
(3) A juvenile adjudication for a nonwaivable offense, as defined
in IC 31-9-2-84.8 IC 31-9-2.1-168 that, if committed by an adult,
would be a felony, unless the licensee is granted a waiver by the
department to:
(A) employ or assign the individual as a volunteer in a position
described in this subsection; or
(B) permit the individual to reside in the licensee's residence.
(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 or volunteer assignment.
(d) Notwithstanding subsection (b), if:
(1) a license could be revoked due to a criminal conviction of, or
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a determination of child abuse or neglect by, an employee or a
volunteer of the licensee or an individual residing in the residence
of the licensee; and
(2) the department determines that the employee or volunteer has
been dismissed by the licensee within a reasonable time after the
licensee became aware of the conviction or that the individual no
longer resides in the licensee's residence;
the criminal conviction of, or determination of child abuse or neglect
by, the former employee, former volunteer, or former household
resident does not constitute a sufficient basis for the revocation of a
license.
(e) The department may adopt rules to implement this section.
SECTION 182. IC 31-27-4-33, AS AMENDED BY P.L.183-2017,
SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 33. (a) A licensee shall operate a foster family
home in compliance with the rules established under this article and is
subject to the disciplinary sanctions under subsection (b) if the
department finds that the licensee has violated this article or a rule
adopted under this article.
(b) After complying with the procedural provisions in sections 22
through 24 of this chapter, the department may revoke the license when
the department finds that a licensee has committed a violation under
subsection (a). However, the department shall permanently revoke the
license of a licensee who has been convicted of any of the nonwaivable
offenses, as defined in IC 31-9-2-84.8. IC 31-9-2.1-168. The
department may permanently revoke the license of a person who has
been convicted of a nonwaivable offense that is not described in
IC 31-9-2-84.8 IC 31-9-2.1-168 and for other reasons set forth in rules
adopted by the department.
SECTION 183. IC 31-27-5-4, AS AMENDED BY HEA 1357-2026,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 4. (a) An applicant must apply for a group home
license on forms provided by the department.
(b) An applicant must submit the required information as part of the
application.
(c) An applicant must submit with the application a statement
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:
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(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 group home who
is likely to have unsupervised contact with children in the group
home.
(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 the
applicant receives concerning each person described in subsection
(d)(1) through (d)(4).
(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) conviction for a misdemeanor relating to the health and
safety of a child; or
(C) juvenile adjudication for a nonwaivable offense, as defined
in IC 31-9-2-84.8 IC 31-9-2.1-168 that, if committed by an
adult, would be a felony;
(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 it
receives concerning a person described in subsection (d).
(g) Except as provided in subsection (h) and section 4.5 of this
chapter, a criminal history check described in subsection (d) is required
SEA 80 — CC 1
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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) 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 group home 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). IC 31-9-2.1-58(1).
(B) A national sex offender registry check under
IC 31-9-2-22.5(3). IC 31-9-2.1-58(3).
(C) An in-state local criminal records check under
IC 31-9-2-22.5(4). IC 31-9-2.1-58(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
group home, 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). IC 31-9-2.1-58(2).
(B) An out-of-state local criminal records check under
IC 31-9-2-22.5(4). IC 31-9-2.1-58(4).
(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 group home; and
(B) does not have access to records containing information
regarding children who are under the care and control of the
group home.
(4) The individual completes an attestation, under penalty of
perjury, disclosing:
(A) any abuse or neglect complaints made against the
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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 is responsible for any fees associated with a
criminal history check.
(k) The department shall, at the applicant's request, inform the
applicant as to whether the department has or does not have a record of
the person who is the subject of a criminal history check and whether
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 184. IC 31-27-5-6, AS AMENDED BY HEA 1092-2026,
SECTION 7, 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.
SEA 80 — CC 1
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(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 IC 31-9-2.1-168 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. IC 31-9-2.1-168.
(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 IC 31-9-2.1-168 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
SEA 80 — CC 1
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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 185. IC 31-27-5-31, AS AMENDED BY HEA
1202-2026, SECTION 47, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 31. (a) The following constitute
sufficient grounds for revocation of a license:
(1) A determination by the department of child abuse or neglect
by:
(A) the licensee; or
(B) an employee, volunteer, or contractor of the licensee.
(2) A criminal conviction of the licensee, 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 or 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 licensee made
false statements in the licensee's application for licensure.
(4) A determination by the department that the licensee made
false statements in the records required by the department.
(5) A determination by the department that:
(A) the licensee; or
(B) an employee, volunteer, or contractor of the licensee;
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 licensee for a nonwaivable
offense, as defined in IC 31-9-2-84.8 IC 31-9-2.1-168 that, if
committed by an adult, would be a felony.
(7) A determination by the department that the operator of a group
home has failed to comply with an order of the department of
homeland security.
(b) A license may also be revoked if an employee, volunteer, or
contractor of the licensee has had any of the following:
SEA 80 — CC 1
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(1) A conviction of a nonwaivable offense, as defined in
IC 31-9-2-84.8. IC 31-9-2.1-168.
(2) A conviction of any other felony or a misdemeanor relating to
the health and safety of a child, unless the licensee 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 IC 31-9-2.1-168 that, if committed by an adult,
would be a felony, unless the licensee 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 could be revoked due to a criminal conviction of, or
a determination of child abuse or neglect by, an employee,
volunteer, or contractor of the licensee; and
(2) the department determines that the employee, volunteer, or
contractor has been dismissed by the licensee within a reasonable
time after the licensee became aware of the conviction;
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 revocation of a license.
(e) The department may adopt rules to implement this section.
SECTION 186. IC 31-27-6-2, AS AMENDED BY HEA 1357-2026,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. (a) An applicant must apply for a child placing
agency 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
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:
SEA 80 — CC 1
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(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, volunteer, or contractor of the applicant.
(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)(3).
(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) conviction for a misdemeanor relating to the health and
safety of a child; or
(C) juvenile adjudication for a nonwaivable offense, as defined
in IC 31-9-2-84.8 IC 31-9-2.1-168 that, if committed by an
adult, would be a felony;
(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) and section 2.5 of this
chapter, 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.
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(h) Except as provided in subsection (i), a criminal history check of
each person described in subsection (d)(2) or (d)(3) 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 placing agency 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). IC 31-9-2.1-58(1).
(B) A national sex offender registry check under
IC 31-9-2-22.5(3). IC 31-9-2.1-58(3).
(C) An in-state local criminal records check under
IC 31-9-2-22.5(4). IC 31-9-2.1-58(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 placing agency, 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). IC 31-9-2.1-58(2).
(B) An out-of-state local criminal records check under
IC 31-9-2-22.5(4). IC 31-9-2.1-58(4).
(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 placing agency; and
(B) does not have access to records containing information
regarding children who are under the care and control of the
child placing agency.
(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)
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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
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 187. IC 31-27-6-3, AS AMENDED BY HEA 1092-2026,
SECTION 8, 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.
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(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 IC 31-9-2.1-168 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. IC 31-9-2.1-168.
(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 IC 31-9-2.1-168 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
SEA 80 — CC 1
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not constitute a sufficient basis for the denial of a license application.
(e) The department may adopt rules to implement this section.
SECTION 188. IC 31-27-6-15.5, AS AMENDED BY P.L.81-2025,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 15.5. (a) A child placing agency shall establish
minimum qualifications for each classification of employee. The
standards in subsections (b) through (e) must be used as a guide by
each child placing agency in establishing minimum qualifications for
the classifications of an executive, a casework supervisor, a
caseworker, and a worker in training, and by the department in the
licensing of each child placing agency.
(b) An executive must have the following:
(1) A bachelor's degree.
(2) At least one (1) of the following:
(A) Five (5) years of paid experience in a field related to social
work, at least two (2) years of which were:
(i) in social work; or
(ii) in a supervisory or administrative capacity in a field
related to social work, including working for the department.
(B) A master's degree in social work, counseling, or a related
human services area and at least two (2) years of paid
experience:
(i) in social work; or
(ii) in a supervisory or administrative capacity in a field
related to social work, including working for the department.
(c) A casework supervisor must have the following:
(1) A bachelor's degree.
(2) At least one (1) of the following:
(A) Three (3) years of supervised paid casework experience,
at least one (1) year of which was with a child welfare agency
(as defined in IC 31-9-2-19.3). IC 31-9-2.1-50).
(B) At least eight (8) credit hours of master's degree level
courses in:
(i) social work;
(ii) counseling; or
(iii) a human services area of study or related field;
and at least one (1) year of supervised paid casework with a
child welfare agency (as defined in IC 31-9-2-19.3).
IC 31-9-2.1-50).
(d) A caseworker must have the following:
(1) A bachelor's degree.
(2) At least one (1) of the following:
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(A) Three (3) years of supervised paid casework experience.
(B) One (1) year of supervised paid casework experience in a
licensed child placing agency or with the department.
(C) One (1) year of graduate training in a recognized school of
social work.
(e) A worker in training must have a bachelor's degree.
(f) A child placing agency must only employ a staff member who is:
(1) duly qualified;
(2) of good moral character; and
(3) in satisfactory health.
(g) An employee who is in a position on January 1, 2012, and who
qualified for that position on December 31, 2011, is exempt from the
requirements of this section.
SECTION 189. IC 31-27-6-28, AS AMENDED BY P.L.243-2019,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 28. (a) The following constitute sufficient grounds
for revocation of a license:
(1) A determination by the department of child abuse or neglect
(as defined in IC 31-9-2-14) IC 31-9-2.1-33) by:
(A) the licensee; or
(B) an employee, volunteer, or contractor of the licensee.
(2) A criminal conviction of the licensee, 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 or 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 licensee made
false statements in the licensee's application for licensure.
(4) A determination by the department that the licensee made
false statements in the records required by the department.
(5) A determination by the department that:
(A) the licensee; or
(B) an employee, volunteer, or contractor of the licensee;
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.
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(6) A juvenile adjudication of a licensee for a nonwaivable
offense, as defined in IC 31-9-2-84.8 IC 31-9-2.1-168 that, if
committed by an adult, would be a felony.
(b) A license may also be revoked if an employee, volunteer, or
contractor of the licensee has had any of the following:
(1) A conviction of a nonwaivable offense, as defined in
IC 31-9-2-84.8. IC 31-9-2.1-168.
(2) A conviction of any other felony or a misdemeanor relating to
the health and safety of a child, unless the licensee 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 IC 31-9-2.1-168 that, if committed by an adult,
would be a felony, unless the licensee 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 could be revoked due to a criminal conviction of, or
a determination of child abuse or neglect by, an employee,
volunteer, or contractor of the licensee; and
(2) the department determines that the employee, volunteer, or
contractor has been dismissed by the licensee within a reasonable
time after the licensee 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 revocation of a license.
(e) The department may adopt rules to implement this section.
SECTION 190. IC 31-27-7-2, AS ADDED BY P.L.173-2022,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. As used in this chapter, "child services
provider" means the following:
(1) A child caring institution, as defined in IC 31-9-2-16.7.
IC 31-9-2.1-42.
(2) A group home, as defined in IC 31-9-2-48.5. IC 31-9-2.1-115.
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(3) A licensed child placing agency, as defined in IC 31-9-2-17.5.
IC 31-9-2.1-46.
(4) A secure private facility, as defined in IC 31-9-2-115.
IC 31-9-2.1-223.
SECTION 191. IC 31-32-2-2.5, AS ADDED BY P.L.120-2007,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2.5. (a) This section applies only to a court
ordered or voluntary mental health:
(1) screening;
(2) assessment;
(3) evaluation; or
(4) treatment;
provided by or under the direction of an evaluator, as defined in
IC 31-9-2-43.8, IC 31-9-2.1-90, in conjunction with proceedings under
this article.
(b) Except as provided in subsection (d) and except for purposes of:
(1) a probation revocation proceeding; or
(2) a modification of a dispositional decree under IC 31-37-22;
a statement communicated to an evaluator in the evaluator's official
capacity may not be admitted as evidence against the child on the issue
of whether the child committed a delinquent act or a crime.
(c) This section does not affect the admissibility of evidence when
a juvenile interposes the defense of insanity.
(d) This section does not affect a disclosure or reporting
requirement in effect on July 1, 2007, under statute or in case law
regarding a statement that:
(1) relates directly to the facts or immediate circumstances of a
homicide; or
(2) reveals that the child may intend to commit a crime.
SECTION 192. IC 31-32-2-3.5, AS ADDED BY P.L.179-2025,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: 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) in IC 31-9-2.1-46) 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.
SECTION 193. IC 31-32-2.5-1, AS AMENDED BY P.L.179-2025,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
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JULY 1, 2026]: 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) an unlicensed kinship caregiver;
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 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; IC 31-9-2.1-168;
may not intervene under this chapter.
SECTION 194. IC 31-32-3-10.5, AS ADDED BY P.L.120-2018,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 10.5. (a) As used in this section, "court appointed
special advocate" has the meaning set forth in IC 31-9-2-28.
IC 31-9-2.1-67.
(b) As used in this section, "guardian ad litem" has the meaning set
forth in IC 31-9-2-50. IC 31-9-2.1-117.
(c) When a juvenile court appoints a guardian ad litem or court
appointed special advocate in a proceeding from a volunteer based
program funded through IC 33-24-6-4, and, due to the caseload of the
guardian ad litem program or court appointed special advocate
program, the child is placed on a waiting list for guardian ad litem or
court appointed special advocate services:
(1) the guardian ad litem program or court appointed special
advocate program;
(2) any employee of or volunteer for the guardian ad litem
program or court appointed special advocate program; and
(3) any individual acting as a contracted guardian ad litem;
are immune from civil liability based on the child being placed on the
waiting list unless the placement of the child on the waiting list is the
result of gross negligence or willful and wanton misconduct.
(d) Nothing in this section shall be construed to negate the
appointment of a:
(1) guardian ad litem; or
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(2) court appointed special advocate;
when required by IC 31-34-10-3.
SECTION 195. IC 31-32-3-11, AS AMENDED BY P.L.183-2017,
SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 11. (a) A juvenile court may establish a voluntary
preventative program for at-risk children.
(b) A juvenile court that establishes a program under subsection (a)
may, after conducting a criminal history check of every individual who
is likely to have contact with a child, appoint staff and an early
intervention advocate to implement, coordinate, and carry out the
purposes of the program. The court may not appoint an individual
under this subsection if the results of the criminal history check
disclose that the individual has a record of:
(1) a conviction for a felony;
(2) a conviction for a misdemeanor relating to the health and
safety of a child; or
(3) a juvenile adjudication for an act that, if committed by an
adult, would be a nonwaivable offense, as defined in
IC 31-9-2-84.8. IC 31-9-2.1-168.
(c) The program staff or an early intervention advocate appointed
under subsection (b) may:
(1) receive information concerning an at-risk child from any
person; and
(2) use the information received under subdivision (1) to create,
implement, and maintain an individualized plan for the at-risk
child and the child's family if the child's parent, guardian, or
custodian has consented to the participation of the child in the
program. The individualized plan created under this subdivision
may include a program of counseling, tutoring, or mentoring.
(d) All information received under the program by the program staff
or an early intervention advocate:
(1) is confidential; and
(2) may be disclosed only to the following:
(A) Program staff or an early intervention advocate appointed
to the program under subsection (b).
(B) Any person or entity engaged by a person described in
clause (A) in creating, implementing, and maintaining a plan
for an at-risk child and the child's family.
(C) The juvenile court.
(e) The privileged communication between:
(1) a husband and wife;
(2) a health care provider and the health care provider's patient;
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(3) a juvenile client and a:
(A) licensed social worker;
(B) licensed clinical social worker;
(C) licensed marriage and family therapist;
(D) licensed mental health counselor;
(E) licensed addiction counselor; or
(F) licensed clinical addiction counselor;
(4) a school counselor and a student; or
(5) a school psychologist and a student;
may not prevent an individual described in this subsection from
reporting to, requesting assistance from, or cooperating with program
staff or an early intervention advocate under this section.
(f) Any individual may request that a child receive assistance under
a program established under subsection (a) if the individual believes a
child may be an at-risk child.
(g) After receiving a request that a child receive assistance under a
program described in subsection (a), or after receiving information that
a child may be an at-risk child, program staff or an early intervention
advocate shall determine whether the child would benefit from the
program. If the program staff or early intervention advocate determines
that the child would benefit from the program, the staff or early
intervention advocate shall inform the parent, guardian, or custodian of
the determination and request that the parent, guardian, or custodian
permit the child to participate in the program. The child (and the
parent, guardian, or custodian) may participate in the program only
with the consent of the parent, guardian, or custodian.
(h) A person who:
(1) makes a good faith request under subsection (f);
(2) in good faith provides information concerning a child to
program staff or an early intervention advocate appointed under
subsection (b); or
(3) in good faith participates in a plan under this section;
is immune from civil or criminal liability.
(i) Except as provided under IC 31-33-5, no information received
under the program by the program staff or an early intervention
advocate may be used against the child in a criminal or civil
proceeding.
SECTION 196. IC 31-33-7-8, AS AMENDED BY P.L.198-2019,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 8. (a) This section applies if the department
receives a report of suspected child abuse or neglect from:
(1) a hospital;
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(2) a community mental health center;
(3) a managed care provider (as defined in IC 12-7-2-127);
IC 12-7-2.1-219);
(4) a referring physician;
(5) a dentist;
(6) a licensed psychologist;
(7) a school;
(8) a child caring institution licensed under IC 31-27;
(9) a group home licensed under IC 31-27 or IC 12-28-4;
(10) a secure private facility; or
(11) a child placing agency (as defined in IC 31-9-2-17.5).
IC 31-9-2.1-46).
(b) Not later than forty-five (45) days after the date the department
initiates an assessment or investigation of a report of suspected child
abuse or neglect from a person described in subsection (a), the
department shall send a report to:
(1) the administrator of the hospital;
(2) the community mental health center;
(3) the managed care provider;
(4) the referring physician;
(5) the dentist;
(6) the principal of the school;
(7) a licensed psychologist;
(8) a child caring institution licensed under IC 31-27;
(9) a group home licensed under IC 31-27 or IC 12-28-4;
(10) a secure private facility; or
(11) a child placing agency (as defined in IC 31-9-2-17.5).
IC 31-9-2.1-46).
The report must contain the items listed in subsection (d) that are
known at the time the report is sent.
(c) The administrator, director, referring physician, dentist, licensed
psychologist, or principal may appoint a designee to receive the report.
(d) A report made by the department under this section must contain
the following information:
(1) The name of the alleged victim of child abuse or neglect.
(2) The name of the alleged perpetrator and the alleged
perpetrator's relationship to the alleged victim.
(3) Whether the assessment is closed.
(4) Whether the department has made an assessment of the case
and has not taken any further action.
(5) The caseworker's name and telephone number.
(6) The date the report is prepared.
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(7) Other information that the department may prescribe.
(e) A report made under this section:
(1) is confidential; and
(2) may be made available only to:
(A) the agencies named in this section; and
(B) the persons and agencies listed in IC 31-33-18-2.
SECTION 197. IC 31-33-8-7, AS AMENDED BY HEA 1092-2026,
SECTION 9, 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:
(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. in IC 31-9-2.1-92.
(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
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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 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 in IC 31-9-2.1-92 to interview [insert child's
name]". The written statement under this subdivision shall not
disclose any of the facts 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.
SECTION 198. IC 31-33-18-6, AS AMENDED BY SEA 15-2026,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 6. For the purposes of IC 31-26-4.5, the
department may certify or acknowledge that an individual qualifies as
a foster youth under IC 31-9-2-47.3(a). IC 31-9-2.1-110(b).
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SECTION 199. IC 31-33-18-7, AS AMENDED BY P.L.170-2023,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 7. (a) Subject to subsection (b), the department
may notify a child care worker's employer that a substantiated report
for child abuse or neglect has been entered against the child care
worker if the department:
(1) enters a new substantiated report against an individual that the
department knows to be a child care worker (as defined in
IC 31-9-2-16.6); IC 31-9-2.1-40); and
(2) knows the identity of the child care worker's employer.
(b) If the department concludes that the health or safety of a child
will be potentially endangered if the child care worker has continuing
unsupervised contact with a child, the department shall notify the child
care worker's employer that a substantiated report has been entered
against the child care worker not more than two (2) business days after
entering the child care worker's name into the child protection index.
SECTION 200. IC 31-33-26-1, AS ADDED BY P.L.138-2007,
SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. (a) As used in this chapter, "child care
provider" means a person who:
(1) provides child care (as defined in IC 12-7-2-28.2)
IC 12-7-2.1-54) regardless of whether the person is required to be
licensed or registered under IC 12-17.2; or
(2) is a child caring institution, a foster family home, a group
home, or a child placing agency that is licensed or required to be
licensed under IC 31-27.
(b) As used in this chapter, "index" refers to the child protection
index established under section 2 of this chapter.
SECTION 201. IC 31-33-26-16, AS AMENDED BY P.L.13-2021,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 16. (a) A person or an organization may have
access to information contained in the index as follows:
(1) A law enforcement agency may have access to a substantiated
report for purposes of investigating or criminally prosecuting a
person identified as a perpetrator of child abuse or neglect.
(2) A child care provider, upon submitting a written consent for
release of information signed by an individual who:
(A) is employed by or who has applied for employment with
the child care provider;
(B) has volunteered to provide services to the child care
provider in a capacity that would place the individual in direct
contact, on a regular and continuous basis, with children who
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are or will be under the direct supervision of the child care
provider; or
(C) is at least eighteen (18) years of age and resides in the
home of the child care provider;
may have access to any information relating to a substantiated
report of child abuse or neglect that names the employee,
applicant, volunteer, or household resident as the perpetrator of
child abuse or neglect.
(3) A person may have access to any information that is contained
in the index pertaining to the person, with protection for the
identity of:
(A) a person who reports the child abuse or neglect; and
(B) any other appropriate person.
(4) A person or an agency to whom child abuse and neglect
reports are available under IC 31-33-18 may have access to
information contained in the index.
(5) Representatives of the division of family resources designated
by the director of the division may have access to and use any
information relating to a substantiated report of child abuse or
neglect that would constitute a basis for denial or revocation of a
license for a child care center under IC 12-17.2-4 or a child care
home under IC 12-17.2-5.
(6) Representatives of the department designated by the director
may have access to and use any information relating to a
substantiated report of child abuse or neglect that would
constitute a basis for denial or revocation of a license for a child
caring institution, foster family home, group home, or child
placing agency under IC 31-27.
(7) Any representative of the department, a court having juvenile
jurisdiction, and any party in a case under IC 31-34 or IC 31-37
may have access to and use any information relating to a
substantiated report of child abuse or neglect in connection with
a determination of an appropriate out of home placement for a
child under any applicable provision of IC 31-34 or IC 31-37 that
requires a criminal history check (as described in IC 31-9-2-22.5)
IC 31-9-2.1-58) concerning any person.
(8) The department shall provide any information contained in a
substantiated report of child abuse or neglect that is included in
the index to an authorized agency of another state that requests
information concerning a prospective foster or adoptive parent, or
any other adult living in the home of a prospective foster or
adoptive parent, in accordance with 42 U.S.C. 671(a)(20)(C).
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(9) The department shall transmit or provide to a national index
of substantiated cases of child abuse or neglect established in
accordance with 42 U.S.C. 16990:
(A) a copy of any substantiated report and related information
entered into the index; and
(B) information concerning expungement or amendment of
any substantiated report as provided in section 14 or 15 of this
chapter.
(10) To determine the eligibility of a child care provider to
receive a voucher payment (as defined in IC 12-17.2-3.5-3), the
division of family resources may use information contained in the
index concerning whether a child has been found by a court to be
a child in need of services based on a report of child abuse or
neglect naming an individual described in IC 12-17.2-3.5-4.1(a)
as a perpetrator.
(11) The office of administrative law proceedings may have
access to any information relating to a substantiated report of
child abuse or neglect that is the subject of an administrative
proceeding before the office of administrative law proceedings.
(b) Except as provided in this section or in rules adopted under
subsection (c), the department may not disclose information used in
connection with the department's activities under this section.
(c) The department shall adopt rules under IC 4-22-2 relating to the
procedure for disclosure of information described in this section.
SECTION 202. IC 31-34-1-3.5, AS AMENDED BY P.L.142-2020,
SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3.5. (a) A child is a child in need of services if,
before the child becomes eighteen (18) years of age:
(1) the child is the victim of human or sexual trafficking (as
defined in IC 31-9-2-133.1); IC 31-9-2.1-254); 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 considered a victim of human or sexual trafficking
regardless of whether the child consented to the conduct described in
subsection (a)(1).
SECTION 203. IC 31-34-3-4.5, AS AMENDED BY P.L.104-2015,
SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 4.5. (a) If a child is removed from the child's
parents under this chapter, within thirty (30) days after the removal of
the child from the parents the department shall exercise due diligence
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to identify and provide notice of the removal to:
(1) all adult relatives (as defined in IC 31-9-2-107)
IC 31-9-2.1-207) of the child, including relatives suggested by
either parent as required under 42 U.S.C. 671(a)(29); and
(2) all the child's siblings who are at least eighteen (18) years of
age.
(b) The department may not provide notice to a person under
subsection (a) if the department knows or suspects that the person has
caused family or domestic violence.
(c) A notice under subsection (a) must:
(1) state that the child has been removed from the parents by the
department;
(2) set forth the options the relative may have under federal, state,
or local laws, including the care and placement of the child and
other options that may be lost if the relative fails to respond to the
notice;
(3) describe the requirements for the relative to become a foster
parent;
(4) describe additional services available to the child placed in
foster care; and
(5) describe how a relative guardian of a child may subsequently
enter into an agreement with the department to receive financial
assistance through the adoption assistance program or
guardianship assistance program.
SECTION 204. IC 31-34-4-2, AS AMENDED BY SEA 171-2026,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. (a) If a child alleged to be a child in need of
services is taken into custody under an order of the court under this
chapter and the court orders out-of-home placement, the department is
responsible for that placement and care and must consider placing the
child with a:
(1) suitable and willing relative; or
(2) de facto custodian;
before considering any other out-of-home placement.
(b) The department shall consider placing a child described in
subsection (a) with a relative related by blood, marriage, or adoption
before considering any other placement of the child.
(c) Before the department places a child in need of services with a
relative or a de facto custodian, the department shall complete an
evaluation based on a home visit of the relative's home.
(d) Except as provided in subsection (f), before placing a child in
need of services in an out-of-home placement, the department shall
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conduct a criminal history check of each person who is currently
residing in the location designated as the out-of-home placement.
(e) Except as provided in subsection (g), the department may not
make an out-of-home placement if a person described in subsection (d)
has:
(1) committed an act resulting in a substantiated report of child
abuse or neglect; or
(2) been convicted of a nonwaivable offense, as defined in
IC 31-9-2-84.8 IC 31-9-2.1-168 or had a juvenile adjudication for
an act that would be a nonwaivable offense, as defined in
IC 31-9-2-84.8 IC 31-9-2.1-168 if committed by an adult.
(f) The department is not required to conduct a criminal history
check under subsection (d) if the department makes an out-of-home
placement to an entity or a facility that is not a residence (as defined in
IC 3-5-2.1-90) or that is licensed by the state.
(g) A court may order or the department may approve an
out-of-home placement if:
(1) a person described in subsection (d) has:
(A) committed an act resulting in a substantiated report of
child abuse or neglect;
(B) been convicted of:
(i) battery (IC 35-42-2-1);
(ii) criminal recklessness (IC 35-42-2-2) as a felony;
(iii) criminal confinement (IC 35-42-3-3) as a felony;
(iv) arson (IC 35-43-1-1) as a felony;
(v) nonsupport of a dependent child (IC 35-46-1-5);
(vi) operating a motorboat while intoxicated (IC 35-46-9-6)
as a felony;
(vii) a felony involving a weapon under IC 35-47;
(viii) a felony relating to controlled substances under
IC 35-48-4; or
(ix) a felony under IC 9-30-5;
if the conviction did not occur within the past five (5) years; or
(C) had a juvenile adjudication for a nonwaivable offense, as
defined in IC 31-9-2-84.8 IC 31-9-2.1-168 that, if committed
by an adult, would be a felony; and
(2) the person's commission of the offense, delinquent act, or act
of abuse or neglect described in subdivision (1) is not relevant to
the person's present ability to care for a child, and the placement
is in the best interest of the child.
However, a court or the department shall not make an out-of-home
placement if the person has been convicted of a nonwaivable offense,
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as defined in IC 31-9-2-84.8 IC 31-9-2.1-168 that is not specifically
excluded under subdivision (1)(B).
(h) In considering the placement under subsection (g), the court or
the department shall consider the following:
(1) The length of time since the person committed the offense,
delinquent act, or abuse or neglect.
(2) The severity of the offense, delinquent act, or abuse or neglect.
(3) Evidence of the person's rehabilitation, including the person's
cooperation with a treatment plan, if applicable.
(i) In considering any out-of-home placement, the department shall
consider the following to determine whether a particular out-of-home
placement is in the child's best interest:
(1) The caregiver is interested in providing permanence for the
child if reunification efforts ultimately fail.
(2) The expressed wishes of the child's birth parent and the child,
if applicable, unless the wishes are contrary to law, child safety,
or stability.
(3) The relationship of the caregiver with the child and the child's
family.
(4) The proximity of the placement home to the birth parents'
home and the child's current school or school district.
(5) The strengths and parenting style of the caregiver in relation
to the child's behavior and needs.
(6) The caregiver's willingness to interact with the birth family,
unless the caregiver has safety concerns.
(7) The caregiver's ability and willingness to accept placement of
the child and any of the child's siblings.
(8) If any sibling will be placed separately, the caregiver's ability
and willingness to provide or assist in maintaining frequent
visitation or other ongoing contact between the child and the
child's siblings.
(9) The child's fit with the family with regard to age, gender, and
sibling relationships.
(10) If the child has chronic behavioral health needs:
(A) whether the child's behavior will place other children in
the home at risk; and
(B) the caregiver's ability to provide the necessary level of
supervision to prevent harm to the child or others by the child.
(11) Whether placement in the home would comply with the
placement preferences prescribed by federal law.
SECTION 205. IC 31-34-18-6.1, AS AMENDED BY P.L.186-2025,
SECTION 160, IS AMENDED TO READ AS FOLLOWS
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[EFFECTIVE JULY 1, 2026]: Sec. 6.1. (a) The predispositional report
prepared by the department or caseworker must include the following
information:
(1) A description of all dispositional options considered in
preparing the report.
(2) An evaluation of each of the options considered in relation to
the plan of care, treatment, rehabilitation, or placement
recommended under the guidelines described in section 4 of this
chapter.
(3) A description of the due diligence efforts that the department
has made to identify all adult relatives of the child.
(4) The name, occupation and position, and any relationship to the
child of each person with whom the preparer of the report
conferred as provided in section 1.1 of this chapter.
(5) The report and recommendations of the dual status assessment
team if the child is a dual status child under IC 31-41.
(b) If the department or caseworker is considering an out-of-home
placement, including placement with a blood or an adoptive relative
caretaker, the department or caseworker shall conduct a criminal
history check (as defined in IC 31-9-2-22.5) IC 31-9-2.1-58) for each
person who is currently residing in the location designated as the
out-of-home placement. The results of the criminal history check must
be included in the predispositional report.
(c) The department or caseworker is not required to conduct a
criminal history check under this section if:
(1) the department or caseworker is considering only an
out-of-home placement to an entity or a facility that:
(A) is not a residence (as defined in IC 3-5-2.1-90); or
(B) is licensed by the state; or
(2) placement under this section is undetermined at the time the
predispositional report is prepared.
SECTION 206. IC 31-34-19-5, AS AMENDED BY P.L.128-2012,
SECTION 164, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 5. If the court authorizes a child
who is under the custody or supervision of a local office or the
department to be placed in a state institution (as defined in
IC 12-7-2-184) IC 12-7-2.1-318) for voluntary treatment in accordance
with IC 12-26-3, the court may not release the department from
obligations of the local office or the department to the child until a
parent, guardian, or other responsible person approved by the court
assumes the obligations.
SECTION 207. IC 31-34-20-1.5, AS AMENDED BY P.L.186-2025,
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SECTION 161, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 1.5. (a) Except as provided in
subsection (d), the juvenile court may not enter a dispositional decree
approving or ordering placement of a child in another home under
section 1(a)(3) of this chapter or awarding wardship to the department
that will place the child in another home under section 1(a)(4) of this
chapter if a person who is currently residing in the home in which the
child would be placed under section 1(a)(3) or 1(a)(4) of this chapter
has committed an act resulting in a substantiated report of child abuse
or neglect, has a juvenile adjudication for an act that would be a
nonwaivable offense, as defined in IC 31-9-2-84.8 IC 31-9-2.1-168 if
committed by an adult, or has a conviction for a nonwaivable offense,
as defined in IC 31-9-2-84.8. IC 31-9-2.1-168.
(b) The department or caseworker who prepared the predispositional
report shall conduct a criminal history check (as defined in
IC 31-9-2-22.5) IC 31-9-2.1-58) to determine if a person described in
subsection (a) has committed an act resulting in a substantiated report
of child abuse or neglect, has a juvenile adjudication for an act that
would be a nonwaivable offense, as defined in IC 31-9-2-84.8
IC 31-9-2.1-168 if committed by an adult, or has a conviction for a
nonwaivable offense, as defined in IC 31-9-2-84.8. IC 31-9-2.1-168.
However, the department or caseworker is not required to conduct a
criminal history check under this section if criminal history information
under IC 31-34-4-2 or IC 31-34-18-6.1 establishes whether a person
described in subsection (a) has committed an act resulting in a
substantiated report of child abuse or neglect, has a juvenile
adjudication for an act that would be a nonwaivable offense, as defined
in IC 31-9-2-84.8 IC 31-9-2.1-168 if committed by an adult, or has a
conviction for a nonwaivable offense, as defined in IC 31-9-2-84.8.
IC 31-9-2.1-168.
(c) The department or caseworker is not required to conduct a
criminal history check under this section if:
(1) the department or caseworker is considering only an
out-of-home placement to an entity or a facility that:
(A) is not a residence (as defined in IC 3-5-2.1-90); or
(B) is licensed by the state; or
(2) placement under this section is undetermined at the time the
predispositional report is prepared.
(d) A juvenile court may enter a dispositional decree that approves
placement of a child in another home or award wardship to the
department that will place the child in a home with a person described
in subsection (a) if:
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(1) the person described in subsection (a) has:
(A) committed an act resulting in a substantiated report of
child abuse or neglect;
(B) been convicted of:
(i) battery (IC 35-42-2-1);
(ii) criminal recklessness (IC 35-42-2-2) as a felony;
(iii) criminal confinement (IC 35-42-3-3) as a felony;
(iv) arson (IC 35-43-1-1) as a felony;
(v) nonsupport of a dependent child (IC 35-46-1-5);
(vi) operating a motorboat while intoxicated (IC 35-46-9-6)
as a felony;
(vii) a felony involving a weapon under IC 35-47;
(viii) a felony relating to controlled substances under
IC 35-48-4; or
(ix) a felony under IC 9-30-5;
if the conviction did not occur within the past five (5) years; or
(C) had a juvenile adjudication for a nonwaivable offense, as
defined in IC 31-9-2-84.8 IC 31-9-2.1-168 that, if committed
by an adult, would be a felony; and
(2) the person's commission of the offense, delinquent act, or act
of abuse or neglect described in subdivision (1) is not relevant to
the person's present ability to care for a child, and placing a child
in another home or awarding wardship to the department is in the
best interest of the child.
However, a court may not enter a dispositional decree that approves
placement of a child in another home or awards wardship to the
department if the person has been convicted of a nonwaivable offense,
as defined in IC 31-9-2-84.8 IC 31-9-2.1-168 that is not specifically
excluded under subdivision (1)(B).
(e) In considering the placement under subsection (d), the court
shall consider the following:
(1) The length of time since the person committed the offense,
delinquent act, or act that resulted in the substantiated report of
abuse or neglect.
(2) The severity of the offense, delinquent act, or abuse or neglect.
(3) Evidence of the person's rehabilitation, including the person's
cooperation with a treatment plan, if applicable.
SECTION 208. IC 31-34-21-5.5, AS AMENDED BY P.L.179-2025,
SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: 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
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concern.
(b) Except as provided in section 5.6 of this chapter, the department
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) IC 31-9-2.1-58) of:
(1) the child's:
(A) parent;
(B) guardian; or
(C) custodian; and
(2) any household member of the:
(A) parent;
(B) guardian; or
(C) custodian.
(d) The department 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 209. IC 31-34-21-7.5, AS AMENDED BY P.L.156-2020,
SECTION 119, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 7.5. (a) Except as provided in
subsection (d), the juvenile court may not approve a permanency plan
under subsection (c)(1)(C), (c)(1)(D), or (c)(1)(E) if a person who is
currently residing with a person described in subsection (c)(1)(C) or
(c)(1)(D) or in a residence in which the child would be placed under
subsection (c)(1)(E) has committed an act resulting in a substantiated
report of child abuse or neglect, has a juvenile adjudication for an act
that would be a nonwaivable offense, as defined in IC 31-9-2-84.8
IC 31-9-2.1-168 if committed by an adult, or has a conviction for a
nonwaivable offense, as defined in IC 31-9-2-84.8. IC 31-9-2.1-168.
(b) Before requesting juvenile court approval of a permanency plan,
the department shall conduct a criminal history check (as defined in
IC 31-9-2-22.5) IC 31-9-2.1-58) to determine if a person described in
subsection (a) has committed an act resulting in a substantiated report
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of child abuse or neglect, has a juvenile adjudication for an act that
would be a nonwaivable offense, as defined in IC 31-9-2-84.8
IC 31-9-2.1-168 if committed by an adult, or has a conviction for a
nonwaivable offense, as defined in IC 31-9-2-84.8. IC 31-9-2.1-168.
However, the department is not required to conduct a criminal history
check under this section if criminal history information under
IC 31-34-4-2, IC 31-34-18-6.1, or IC 31-34-20-1.5 establishes whether
a person described in subsection (a) has committed an act resulting in
a substantiated report of child abuse or neglect, has a juvenile
adjudication for an act that would be a nonwaivable offense, as defined
in IC 31-9-2-84.8 IC 31-9-2.1-168 if committed by an adult, or has a
conviction for a nonwaivable offense, as defined in IC 31-9-2-84.8.
IC 31-9-2.1-168.
(c) A permanency plan, or plans, if concurrent planning, under this
chapter includes the following:
(1) The intended permanent or long term arrangements for care
and custody of the child that may include any one (1), or two (2),
if concurrent planning, of the following arrangements that the
department or the court considers most appropriate and consistent
with the best interests of the child:
(A) Return to or continuation of existing custodial care within
the home of the child's parent, guardian, or custodian or
placement of the child with the child's noncustodial parent.
(B) Placement of the child for adoption.
(C) Placement of the child with a responsible person,
including:
(i) an adult sibling;
(ii) a grandparent;
(iii) an aunt;
(iv) an uncle;
(v) a custodial parent of a sibling of the child; or
(vi) another relative;
who is able and willing to act as the child's permanent
custodian and carry out the responsibilities required by the
permanency plan.
(D) Appointment of a legal guardian. The legal guardian
appointed under this section is a caretaker in a judicially
created relationship between the child and caretaker that is
intended to be permanent and self-sustaining as evidenced by
the transfer to the caretaker of the following parental rights
with respect to the child:
(i) Care, custody, and control of the child.
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(ii) Decision making concerning the child's upbringing.
(E) A supervised independent living arrangement or foster
care for the child with a permanency plan of another planned,
permanent living arrangement. However, a child less than
sixteen (16) years of age may not have another planned,
permanent living arrangement as the child's permanency plan.
(2) A time schedule for implementing the applicable provisions
of the permanency plan.
(3) Provisions for temporary or interim arrangements for care and
custody of the child, pending completion of implementation of the
permanency plan.
(4) Other items required to be included in a case plan under
IC 31-34-15 or federal law, consistent with the permanent or long
term arrangements described by the permanency plan.
(d) A juvenile court may approve a permanency plan if:
(1) a person described in subsection (a) has:
(A) committed an act resulting in a substantiated report of
child abuse or neglect;
(B) been convicted of:
(i) battery (IC 35-42-2-1);
(ii) criminal recklessness (IC 35-42-2-2) as a felony;
(iii) criminal confinement (IC 35-42-3-3) as a felony;
(iv) arson (IC 35-43-1-1) as a felony;
(v) nonsupport of a dependent child (IC 35-46-1-5);
(vi) operating a motorboat while intoxicated (IC 35-46-9-6)
as a felony;
(vii) a felony involving a weapon under IC 35-47;
(viii) a felony relating to controlled substances under
IC 35-48-4; or
(ix) a felony under IC 9-30-5;
if the conviction did not occur within the past five (5) years; or
(C) had a juvenile adjudication for a nonwaivable offense, as
defined in IC 31-9-2-84.8 IC 31-9-2.1-168 that, if committed
by an adult, would be a felony; and
(2) the person's commission of the offense, delinquent act, or act
of abuse or neglect described in subdivision (1) is not relevant to
the person's present ability to care for a child, and that approval
of the permanency plan is in the best interest of the child.
However, a court may not approve a permanency plan if the person has
been convicted of a nonwaivable offense, as defined in IC 31-9-2-84.8
IC 31-9-2.1-168 that is not specifically excluded under subdivision
(1)(B), or has a juvenile adjudication for an act that would be a
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nonwaivable offense, as defined in IC 31-9-2-84.8 IC 31-9-2.1-168 if
committed by an adult that is not specifically excluded under
subdivision (1)(B).
(e) In making its written finding under subsection (d), the court shall
consider the following:
(1) The length of time since the person committed the offense,
delinquent act, or act that resulted in the substantiated report of
abuse or neglect.
(2) The severity of the offense, delinquent act, or abuse or neglect.
(3) Evidence of the person's rehabilitation, including the person's
cooperation with a treatment plan, if applicable.
SECTION 210. IC 31-34-25-1, AS AMENDED BY P.L.65-2016,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. Any of the following may sign and file a
petition for the juvenile court to require a person to refrain from direct
or indirect contact with a child or a member of a foster family home (as
defined in IC 31-9-2-46.9): IC 31-9-2.1-108):
(1) The attorney for the department.
(2) The guardian ad litem or court appointed special advocate.
SECTION 211. IC 31-35-2-4.5, AS AMENDED BY P.L.69-2024,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 4.5. (a) This section applies if:
(1) a court has made a finding under IC 31-34-21-5.6 that
reasonable efforts for family preservation or reunification with
respect to a child in need of services are not required; or
(2) a child in need of services or a delinquent child:
(A) has been placed in:
(i) a foster family home, child caring institution, or group
home licensed under IC 31-27; or
(ii) the home of a relative (as defined in IC 31-9-2-107(c));
IC 31-9-2.1-207(c));
as directed by a court in a child in need of services proceeding
under IC 31-34 or a delinquency action under IC 31-37; and
(B) has been removed from a parent and has been under the
supervision of the department or county probation department
for not less than 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.
(b) A person described in section 4(a) of this chapter shall:
(1) file a petition to terminate the parent-child relationship under
section 4 of this chapter; and
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(2) request that the petition be set for hearing.
(c) If a petition under subsection (b) is filed by the child's court
appointed special advocate or guardian ad litem, the department shall
be joined as a party to the petition.
(d) A person described in section 4(a) of this chapter may file a
motion to dismiss the petition to terminate the parent-child relationship
if any of the following circumstances apply:
(1) That the current case plan prepared by or under the
supervision of the department or the probation department under
IC 31-34-15, IC 31-37-19-1.5, or IC 31-37-22-4.5 has
documented a compelling reason, based on facts and
circumstances stated in the petition or motion, for concluding that
filing, or proceeding to a final determination of, a petition to
terminate the parent-child relationship is not in the best interests
of the child. A compelling reason may include the fact that the
child is being cared for by a custodian who is a relative (as
defined in IC 31-9-2-107(c)). IC 31-9-2.1-207(c)).
(2) That:
(A) IC 31-34-21-5.6 is not applicable to the child;
(B) the department or the probation department has not
provided family services to the child, parent, or family of the
child in accordance with a currently effective case plan
prepared under IC 31-34-15 or IC 31-37-19-1.5 or a
permanency plan or dispositional decree approved under
IC 31-34 or IC 31-37, for the purpose of permitting and
facilitating safe return of the child to the child's home; and
(C) the period for completion of the program of family
services, as specified in the current case plan, permanency
plan, or decree, has not expired.
(3) That:
(A) IC 31-34-21-5.6 is not applicable to the child;
(B) the department has not provided family services to the
child, parent, or family of the child, in accordance with
applicable provisions of a currently effective case plan
prepared under IC 31-34-15 or IC 31-37-19-1.5, or a
permanency plan or dispositional decree approved under
IC 31-34 or IC 31-37; and
(C) the services that the department has not provided are
substantial and material in relation to implementation of a plan
to permit safe return of the child to the child's home.
(4) Subject to subsection (f), that:
(A) the parent is incarcerated or the parent's prior incarceration
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is a significant factor in the child having been under the
supervision of the department or a county probation
department for at least fifteen (15) of the most recent
twenty-two (22) months;
(B) the parent maintains a meaningful role in the child's life;
and
(C) the department has not documented a reason to conclude
that it would otherwise be in the child's best interests to
terminate the parent-child relationship.
The motion to dismiss shall specify which of the allegations described
in subdivisions (1) through (4) apply to the motion. If the court finds
that any of the allegations described in subdivisions (1) through (4) are
true, as established by a preponderance of the evidence, the court shall
dismiss the petition to terminate the parent-child relationship. In
determining whether to dismiss a petition to terminate a parent-child
relationship pursuant to a motion to dismiss that specifies allegations
described in subdivision (4), the court may consider the length of time
remaining in the incarcerated parent's sentence and any other factor the
court considers relevant.
(e) If:
(1) a child in need of services or a delinquent child has been
removed from a parent and has been under the supervision of the
department or county probation department for not less than
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
(2) a petition to terminate the parent-child relationship has not
been filed by the department or another person described in
section 4(a) of this chapter;
a foster parent, relative of the child, or de facto custodian with whom
the child has been placed for at least six (6) months may file a notice
with the court that the petition to terminate the parent-child relationship
has not been filed as required under subsection (b). Upon the filing of
the notice, if the petition to terminate the parent-child relationship has
not been filed, the court shall schedule a hearing within thirty (30)
days.
(f) Subsection (d)(4) does not apply if the person was incarcerated
for any of the following:
(1) A crime described in IC 31-35-3-4.
(2) A crime of child abuse (as defined in IC 5-2-22-1).
(3) Neglect of a dependent (IC 35-46-1-4) if:
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(A) the incarceration was for neglect of a dependent as a Level
5 or above felony; and
(B) the dependent would be the subject of the petition to
terminate the parent-child relationship.
(g) The department may not:
(1) take adverse action against a foster parent's license under
IC 31-27-4; or
(2) remove a child from the home of a foster parent, relative of the
child, or de facto custodian;
on the basis of the foster parent, relative, or de facto custodian filing a
notice with the court under subsection (e).
SECTION 212. IC 31-37-8-4.5, AS ADDED BY P.L.120-2007,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 4.5. (a) This section applies only to a court
ordered or voluntary mental health:
(1) screening;
(2) assessment;
(3) evaluation; or
(4) treatment;
provided by or under the direction of an evaluator, as defined in
IC 31-9-2-43.8, IC 31-9-2.1-90, in conjunction with proceedings under
this chapter.
(b) Notwithstanding section 4(5) of this chapter and except as
provided in subsection (d) and except for purposes of:
(1) a probation revocation proceeding; or
(2) a modification of a dispositional decree under IC 31-37-22;
a statement communicated to an evaluator in the evaluator's official
capacity may not be admitted as evidence against the child on the issue
of whether the child committed a delinquent act or a crime.
(c) This section does not affect the admissibility of evidence when
a juvenile interposes the defense of insanity.
(d) This section does not affect a disclosure or reporting
requirement in effect on July 1, 2007, under statute or in case law
regarding a statement that:
(1) relates directly to the facts or immediate circumstances of a
homicide; or
(2) reveals that the child may intend to commit a crime.
SECTION 213. IC 31-37-17-6.1, AS AMENDED BY P.L.186-2025,
SECTION 162, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 6.1. (a) The predispositional report
prepared by a probation officer must include the following information:
(1) A validated risk and needs assessment as described in section
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1 of this chapter.
(2) A description of all dispositional options considered in
preparing the report.
(3) An evaluation of each of the options considered in relation to
the plan of care, treatment, rehabilitation, or placement
recommended under the guidelines described in section 4 of this
chapter.
(4) The name, occupation and position, and any relationship to the
child of each person with whom the preparer of the report
conferred as provided in section 1.1 of this chapter.
(5) The items required under section 1 of this chapter.
(6) The results of a dual status screening tool to determine
whether the child is a dual status child as described in
IC 31-41-1-2.
(b) If a probation officer is considering an out-of-home placement,
including placement with a relative, the probation officer must conduct
a criminal history check (as defined in IC 31-9-2-22.5) IC 31-9-2.1-58)
for each person who is currently residing in the location designated as
the out-of-home placement. The results of the criminal history check
must be included in the predispositional report.
(c) A probation officer is not required to conduct a criminal history
check under this section if:
(1) the probation officer is considering only an out-of-home
placement to an entity or a facility that:
(A) is not a residence (as defined in IC 3-5-2.1-90); or
(B) is licensed by the state; or
(2) placement under this section is undetermined at the time the
predispositional report is prepared.
SECTION 214. IC 31-37-18-5, AS AMENDED BY P.L.146-2008,
SECTION 645, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 5. If the court authorizes a child
who is under the custody or supervision of the department to be placed
in a state institution (as defined in IC 12-7-2-184) IC 12-7-2.1-318) for
voluntary treatment in accordance with IC 12-26-3, the court may not
release the department from obligations of the department to the child
until the earlier of:
(1) the date the child is discharged; or
(2) the date that a parent, guardian, or other responsible person
approved by the court assumes the obligations.
SECTION 215. IC 31-37-19-6.5, AS AMENDED BY P.L.186-2025,
SECTION 163, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 6.5. (a) Except as provided in
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subsection (d), the juvenile court may not enter a dispositional decree
approving placement of a child in another home under section 1(a)(3)
or 6(b)(2)(D) of this chapter or awarding wardship to a person or
facility that results in a placement with a person under section 1(a)(4)
or 6(b)(2)(E) of this chapter if a person who is currently residing in the
home in which the child would be placed under section 1(a)(3), 1(a)(4),
6(b)(2)(D), or 6(b)(2)(E) of this chapter has committed an act resulting
in a substantiated report of child abuse or neglect, has a juvenile
adjudication for an act that would be a nonwaivable offense, as defined
in IC 31-9-2-84.8 IC 31-9-2.1-168 if committed by an adult, or has a
conviction for a nonwaivable offense, as defined in IC 31-9-2-84.8.
IC 31-9-2.1-168.
(b) The juvenile probation officer who prepared the predispositional
report shall conduct a criminal history check (as defined in
IC 31-9-2-22.5) IC 31-9-2.1-58) to determine if a person described in
subsection (a) has committed an act resulting in a substantiated report
of child abuse or neglect, has a juvenile adjudication for an act that
would be a nonwaivable offense, as defined in IC 31-9-2-84.8
IC 31-9-2.1-168 if committed by an adult, or has a conviction for a
nonwaivable offense, as defined in IC 31-9-2-84.8. IC 31-9-2.1-168.
However, the probation officer is not required to conduct a criminal
history check under this section if criminal history information
obtained under IC 31-37-17-6.1 establishes whether a person described
in subsection (a) has committed an act resulting in a substantiated
report of child abuse or neglect, has a juvenile adjudication for an act
that would be a nonwaivable offense, as defined in IC 31-9-2-84.8
IC 31-9-2.1-168 if committed by an adult, or has a conviction for a
nonwaivable offense, as defined in IC 31-9-2-84.8. IC 31-9-2.1-168.
(c) The juvenile probation officer is not required to conduct a
criminal history check under this section if:
(1) the probation officer is considering only an out-of-home
placement to an entity or a facility that:
(A) is not a residence (as defined in IC 3-5-2.1-90); or
(B) is licensed by the state; or
(2) placement under this section is undetermined at the time the
predispositional report is prepared.
(d) The juvenile court may enter a dispositional decree approving
placement of a child in another home under section 1(a)(3) or
6(b)(2)(D) of this chapter or awarding wardship to a person or facility
that results in a placement with a person under section 1(a)(4) or
6(b)(2)(E) of this chapter if:
(1) a person described in subsection (a) has:
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(A) committed an act resulting in a substantiated report of
child abuse or neglect;
(B) been convicted of:
(i) a felony under IC 9-30-5;
(ii) battery (IC 35-42-2-1);
(iii) criminal recklessness (IC 35-42-2-2) as a felony;
(iv) criminal confinement (IC 35-42-3-3) as a felony;
(v) arson (IC 35-43-1-1) as a felony;
(vi) nonsupport of a dependent child (IC 35-46-1-5);
(vii) operating a motorboat while intoxicated (IC 35-46-9-6)
as a felony;
(viii) a felony involving a weapon under IC 35-47; or
(ix) a felony relating to controlled substances under
IC 35-48-4;
if the conviction did not occur within the past five (5) years; or
(C) had a juvenile adjudication for a nonwaivable offense, as
defined in IC 31-9-2-84.8 IC 31-9-2.1-168 that, if committed
by an adult, would be a felony; and
(2) the person's commission of the offense, delinquent act, or act
of abuse or neglect described in subdivision (1) is not relevant to
the person's present ability to care for a child, and placing the
child in another home is in the best interest of the child.
However, a court may not enter a dispositional decree placing a child
in another home under section 1(a)(3) or 6(b)(2)(D) of this chapter or
awarding wardship to a person or facility under this subsection if a
person with whom the child is or will be placed has been convicted of
a nonwaivable offense, as defined in IC 31-9-2-84.8 IC 31-9-2.1-168
that is not specifically excluded under subdivision (1)(B).
(e) In considering the placement under subsection (d), the court
shall consider the following:
(1) The length of time since the person committed the offense,
delinquent act, or act that resulted in the substantiated report of
abuse or neglect.
(2) The severity of the offense, delinquent act, or abuse or neglect.
(3) Evidence of the person's rehabilitation, including the person's
cooperation with a treatment plan, if applicable.
SECTION 216. IC 31-37-26-2, AS ADDED BY P.L.157-2021,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. The following definitions apply throughout this
chapter:
(1) "Competent" and "competency" mean the present ability of a
child to:
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(A) understand the nature and objectives of a proceeding
against the child; and
(B) assist in the child's defense.
(2) "State institution" has the meaning set forth in IC 12-7-2-184.
IC 12-7-2.1-318.
SECTION 217. IC 31-39-2-13.5, AS AMENDED BY P.L.145-2006,
SECTION 360, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 13.5. The records of the juvenile
court are available without a court order to an employee of the
department of child services, a caseworker, or a juvenile probation
officer conducting a criminal history check (as defined in
IC 31-9-2-22.5) IC 31-9-2.1-58) under IC 31-26-5-3, IC 31-34, or
IC 31-37 to determine the appropriateness of an out-of-home placement
for a:
(1) child at imminent risk of placement;
(2) child in need of services; or
(3) delinquent child.
SECTION 218. IC 31-42-1-6, AS ADDED BY P.L.101-2025,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 6. This chapter does not do any of the following:
(1) Authorize a parent to:
(A) commit child abuse or neglect as defined in
IC 31-9-2-14(c); IC 31-9-2.1-33(c); or
(B) sue a judicial officer unless the judicial officer acts in clear
absence of jurisdiction.
(2) Prohibit a court from issuing an order that is otherwise
permitted by law.
(3) Prevent a person from asserting a defense or claim of
immunity available by statute or at common law, including
judicial immunity.
(4) Apply to an act or omission by a parent to end the life of a
child.
(5) Waive attorney-client privilege as governed by the Rules of
Professional Conduct of the Indiana supreme court.
(6) Waive immunities described in IC 31-32-3-10 and
IC 31-32-3-10.5.
SECTION 219. IC 32-17.5-8-2.5, AS ADDED BY P.L.80-2010,
SECTION 52, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2.5. (a) This section applies to a disclaimer of an
interest in property by a disclaimant who is delinquent (as defined in
IC 31-9-2-36(b)) IC 31-9-2.1-73(b)) before the disclaimer becomes
effective.
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(b) A disclaimer of an interest in property is barred up to the amount
of the disclaimant's child support arrearage.
SECTION 220. IC 33-23-1-8.5, AS ADDED BY P.L.203-2017,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 8.5. "Medication assisted treatment" has the
meaning set forth in IC 12-7-2-128.7. IC 12-7-2.1-223.
SECTION 221. IC 33-39-6-2, AS AMENDED BY P.L.201-2023,
SECTION 263, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 2. (a) A prosecuting attorney may
appoint one (1) chief deputy prosecuting attorney. The maximum
annual salary paid by the state of a chief deputy prosecuting attorney
appointed under this subsection is as follows:
(1) If the prosecuting attorney is a full-time prosecuting attorney
appointing a full-time chief deputy prosecuting attorney, the
annual salary of the chief deputy prosecuting attorney is equal to
seventy-five percent (75%) of the salary paid by the state to a
full-time prosecuting attorney.
(2) If the prosecuting attorney is a full-time prosecuting attorney
appointing a part-time chief deputy prosecuting attorney, the
annual salary of the chief deputy prosecuting attorney is equal to
seventy-five percent (75%) of the salary paid by the state to a
part-time prosecuting attorney serving the judicial district served
by the chief deputy prosecuting attorney.
(3) If the prosecuting attorney is a part-time prosecuting attorney
appointing a full-time chief deputy prosecuting attorney, the
annual salary of the chief deputy prosecuting attorney is equal to
seventy-five percent (75%) of the salary paid by the state to a
full-time prosecuting attorney.
(4) If the prosecuting attorney is a part-time prosecuting attorney
appointing a part-time chief deputy prosecuting attorney, the
annual salary of the chief deputy prosecuting attorney is equal to
seventy-five percent (75%) of the salary paid by the state to a
part-time prosecuting attorney.
(b) The prosecuting attorney in a county in which is located at least
one (1) institution operated by the department of correction that houses
at least one thousand five hundred (1,500) offenders may appoint two
(2) additional deputy prosecuting attorneys. In a county having two (2)
institutions, each of which houses at least one thousand five hundred
(1,500) offenders, the prosecuting attorney may appoint a third deputy
prosecuting attorney.
(c) The prosecuting attorney in a county in which is located an
institution operated by the department of correction that houses at least
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one hundred (100) but less than one thousand five hundred (1,500)
adult offenders may appoint one (1) additional deputy prosecuting
attorney.
(d) The prosecuting attorney in a county in which is located a state
institution (as defined in IC 12-7-2-184) IC 12-7-2.1-318) that has a
daily population of at least three hundred fifty (350) patients may
appoint one (1) additional deputy prosecuting attorney.
(e) The prosecuting attorney of Cass County may appoint one (1)
additional deputy prosecuting attorney.
(f) The annual salary of a deputy prosecuting attorney appointed
under subsections (b) through (e) may not be less than seventy percent
(70%) of the annual salary of a full-time prosecuting attorney.
(g) The salaries provided in this section shall be paid by the state
once every two (2) weeks from the state general fund. There is
appropriated annually out of the general fund of the state sufficient
funds to pay any amount necessary. However, the salaries fixed in this
chapter are determined to be maximum salaries to be paid by the state.
This chapter does not limit the power of counties comprising the
respective judicial circuits to pay additional salaries upon proper action
by the appropriate county officials.
(h) The various county councils shall appropriate annually for other
deputy prosecuting attorneys, investigators, clerical assistance, witness
fees, out-of-state travel, postage, telephone tolls and telegraph, repairs
to equipment, office supplies, other operating expenses, and equipment
an amount necessary for the proper discharge of the duties imposed by
law upon the office of the prosecuting attorney of each judicial circuit.
SECTION 222. IC 33-39-6-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 5. (a) The annual
minimum salary paid by the state to a full-time prosecuting attorney
described in section 6 of this chapter is equal to the minimum salary of
the circuit court judge of the same judicial circuit as the prosecuting
attorney.
(b) A prosecuting attorney of a judicial circuit, other than a full-time
prosecuting attorney described in section 6 of this chapter is entitled to
a minimum annual salary in an amount equal to sixty percent (60%) of
the salary provided in subsection (a), except as provided by subsection
(c).
(c) A prosecuting attorney, other than a full-time prosecuting
attorney described in section 6 of this chapter, of a judicial circuit:
(1) that has a population of less than eighty-five thousand
(85,000) and that adjoins any county having a population of more
than one hundred sixty thousand (160,000); or
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(2) in which is located:
(A) the Indiana state prison, the Pendleton Correctional
Facility, the Plainfield Correctional Facility, the Branchville
Correctional Facility, the Wabash Valley Correctional Facility,
or the Putnamville Correctional Facility; or
(B) a state institution (as defined in IC 12-7-2-184)
IC 12-7-2.1-318) that has a daily population of at least three
hundred fifty (350) patients;
is entitled to a minimum annual salary in an amount equal to sixty-six
percent (66%) of the salary provided in subsection (a).
(d) The state shall pay, from the state general fund, the minimum
annual salary of a prosecuting attorney. The state shall pay the
minimum annual salary in equal installments with payments being
made once every two (2) weeks.
SECTION 223. IC 34-6-2.1-123, AS ADDED BY P.L.186-2025,
SECTION 176, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 123. "Mental health service
provider", for purposes of IC 34-30-16, means any of the following:
(1) A physician licensed under IC 25-22.5.
(2) A hospital licensed under IC 16-21.
(3) A private institution licensed under IC 12-25.
(4) A psychologist licensed under IC 25-33.
(5) A school psychologist licensed by the Indiana state board of
education.
(6) A postsecondary educational institution counseling center
under the direction of a licensed psychologist, physician, or
mental health professional.
(7) A registered nurse or licensed practical nurse licensed under
IC 25-23.
(8) A clinical social worker licensed under IC 25-23.6-5-2.
(9) A partnership, a limited liability company, a corporation, or a
professional corporation (as defined in IC 23-1.5-1-10) whose
partners, members, or shareholders are mental health service
providers described in subdivisions (1) through (6).
(10) A community mental health center (as defined in
IC 12-7-2-38). IC 12-7-2.1-78).
(11) A program for the treatment, care, or rehabilitation of alcohol
abusers or drug abusers that is:
(A) certified under IC 12-23-1-6; or
(B) created and funded under IC 12-23-14 or IC 33-23-16.
(12) A state institution (as defined in IC 12-7-2-184).
IC 12-7-2.1-318).
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(13) A provider (as defined in IC 12-7-2-149.1(5)).
IC 12-7-2.1-267(5)).
SECTION 224. IC 34-6-2.1-165, AS ADDED BY P.L.186-2025,
SECTION 176, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 165. "Professional health care
provider", for purposes of IC 34-30-15, means:
(1) a physician licensed under IC 25-22.5;
(2) a dentist licensed under IC 25-14;
(3) a hospital licensed under IC 16-21;
(4) a podiatrist licensed under IC 25-29;
(5) a chiropractor licensed under IC 25-10;
(6) an optometrist licensed under IC 25-24;
(7) a psychologist licensed under IC 25-33;
(8) a pharmacist licensed under IC 25-26;
(9) a health facility licensed under IC 16-28-2;
(10) a registered or licensed practical nurse licensed under
IC 25-23;
(11) a physical therapist licensed under IC 25-27;
(12) a home health agency licensed under IC 16-27-1;
(13) a community mental health center (as defined in
IC 12-7-2-38); IC 12-7-2.1-78);
(14) a health care organization whose members, shareholders,
subsidiaries, affiliates, or partners are:
(A) professional health care providers described in
subdivisions (1) through (13);
(B) professional corporations comprised of health care
professionals (as defined in IC 23-1.5-1-8); or
(C) professional health care providers described in
subdivisions (1) through (13) and professional corporations
comprised of persons described in subdivisions (1) through
(13);
(15) a private psychiatric hospital licensed under IC 12-25;
(16) a preferred provider organization (including a preferred
provider arrangement or reimbursement agreement under
IC 27-8-11);
(17) a health maintenance organization (as defined in
IC 27-13-1-19) or a limited service health maintenance
organization (as defined in IC 27-13-34-4);
(18) a respiratory care practitioner licensed under IC 25-34.5;
(19) an occupational therapist licensed under IC 25-23.5;
(20) a state institution (as defined in IC 12-7-2-184);
IC 12-7-2.1-318);
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(21) a clinical social worker who is licensed under
IC 25-23.6-5-2;
(22) a provider (as defined in IC 12-7-2-149.1(5));
IC 12-7-2.1-267(5));
(23) a nonprofit health care organization affiliated with a hospital
that is owned or operated by a religious order, whose members are
members of that religious order;
(24) a nonprofit health care organization with one (1) or more
hospital affiliates;
(25) a health care organization that owns or controls, in whole or
in part, one (1) or more entities described in subdivisions (1)
through (24);
(26) a provider organization (as defined in IC 16-18-2-296);
(27) a paramedic licensed under IC 16-31;
(28) an emergency medical technician certified under IC 16-31;
(29) an emergency medical responder certified under IC 16-31; or
(30) an advanced emergency medical technician certified under
IC 16-31.
SECTION 225. IC 34-6-2.1-166, AS ADDED BY P.L.186-2025,
SECTION 176, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 166. "Professional staff", for
purposes of IC 34-30-15, means:
(1) all individual professional health care providers authorized to
provide health care in a hospital or other health care facility; or
(2) the multidisciplinary staff of a community mental health
center (as defined in IC 12-7-2-38). IC 12-7-2.1-78).
SECTION 226. IC 34-57-5-8, AS ADDED BY P.L.112-2005,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 8. (a) In a dissolution of marriage case, the family
law arbitrator shall:
(1) divide the property of the parties, regardless of whether the
property was:
(A) owned by either party before the marriage;
(B) acquired by either party in his or her own right:
(i) after the marriage; and
(ii) before final separation of the parties; or
(C) acquired by their joint efforts; and
(2) divide the property in a just and reasonable manner by:
(A) division of the property in kind;
(B) setting the property or parts of the property over to one (1)
of the parties and requiring either party to pay an amount,
either in gross or in installments, that is just and proper;
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(C) ordering the sale of the property under the conditions the
family law arbitrator prescribes and dividing the proceeds of
the sale; or
(D) ordering the distribution of benefits described in
IC 31-9-2-98(b)(2) IC 31-9-2.1-190(b)(2) or
IC 31-9-2-98(b)(3) IC 31-9-2.1-190(b)(3) that are payable
after the dissolution of marriage, by setting aside to either of
the parties a percentage of those payments either by
assignment or in kind at the time of receipt.
(b) The division of marital property under this section must comply
with IC 31-15-7-5.
SECTION 227. IC 35-31.5-2-139.3, AS ADDED BY P.L.65-2016,
SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 139.3. "Foster family home", for purposes of
IC 35-42-2-1, has the meaning set forth in IC 31-9-2-46.9.
IC 31-9-2.1-108.
SECTION 228. IC 35-31.5-2-196.5, AS ADDED BY P.L.203-2017,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 196.5. "Medication assisted treatment" has the
meaning set forth in IC 12-7-2-128.7. IC 12-7-2.1-223.
SECTION 229. IC 35-36-2-4, AS AMENDED BY P.L.161-2018,
SECTION 118, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 4. (a) Whenever a defendant is
found not responsible by reason of insanity at the time of the crime, the
prosecuting attorney shall file a written petition with the court under
IC 12-26-6-2(a)(3) or under IC 12-26-7. If a petition is filed under
IC 12-26-6-2(a)(3), the court shall hold a commitment hearing under
IC 12-26-6. If a petition is filed under IC 12-26-7, the court shall hold
a commitment hearing under IC 12-26-7.
(b) The hearing shall be conducted at the earliest opportunity after
the finding of not responsible by reason of insanity at the time of the
crime, and the defendant shall be detained in custody until the
completion of the hearing. The court may take judicial notice of
evidence introduced during the trial of the defendant and may call the
physicians appointed by the court to testify concerning whether the
defendant is currently mentally ill and dangerous or currently mentally
ill and gravely disabled, as those terms are defined by IC 12-7-2-96 in
IC 12-7-2.1-170 and IC 12-7-2-130(1). IC 12-7-2.1-226(1). The court
may subpoena any other persons with knowledge concerning the issues
presented at the hearing.
(c) The defendant has all the rights provided by the provisions of
IC 12-26 under which the petition against the defendant was filed. The
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prosecuting attorney may cross-examine the witnesses and present
relevant evidence concerning the issues presented at the hearing.
(d) If a court orders an individual to be committed under IC 12-26-6
or IC 12-26-7 following a verdict of not responsible by reason of
insanity at the time of the crime, the warden of the facility to which the
individual is committed and the attending physician are subject to the
requirements of IC 12-26-15-1.
(e) If a defendant is found not responsible by reason of insanity, the
court shall transmit any information required by the office of judicial
administration to the office of judicial administration for transmission
to the NICS (as defined in IC 35-47-2.5-2.5) in accordance with
IC 33-24-6-3.
SECTION 230. IC 35-36-2-5, AS AMENDED BY P.L.161-2018,
SECTION 119, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 5. (a) Except as provided by
subsection (e), whenever a defendant is found guilty but mentally ill at
the time of the crime or enters a plea to that effect that is accepted by
the court, the court shall sentence the defendant in the same manner as
a defendant found guilty of the offense.
(b) Before sentencing the defendant under subsection (a), the court
shall require the defendant to be evaluated by a physician licensed
under IC 25-22.5 who practices psychiatric medicine, a licensed
psychologist, or a community mental health center (as defined in
IC 12-7-2-38). IC 12-7-2.1-78). However, the court may waive this
requirement if the defendant was evaluated by a physician licensed
under IC 25-22.5 who practices psychiatric medicine, a licensed
psychologist, or a community mental health center and the evaluation
is contained in the record of the defendant's trial or plea agreement
hearing.
(c) If a defendant who is found guilty but mentally ill at the time of
the crime is committed to the department of correction, the defendant
shall be further evaluated and then treated in such a manner as is
psychiatrically indicated for the defendant's mental illness. Treatment
may be provided by:
(1) the department of correction; or
(2) the division of mental health and addiction after transfer under
IC 11-10-4.
(d) If a defendant who is found guilty but mentally ill at the time of
the crime is placed on probation, the court may, in accordance with
IC 35-38-2-2.3, require that the defendant undergo treatment.
(e) As used in this subsection, "individual with an intellectual
disability" means an individual who, before becoming twenty-two (22)
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years of age, manifests:
(1) significantly subaverage intellectual functioning; and
(2) substantial impairment of adaptive behavior;
that is documented in a court ordered evaluative report. If a court
determines under IC 35-36-9 that a defendant who is charged with a
murder for which the state seeks a death sentence is an individual with
an intellectual disability, the court shall sentence the defendant under
IC 35-50-2-3(a).
(f) If a defendant is found guilty but mentally ill, the court shall
transmit any information required by the office of judicial
administration to the office of judicial administration for transmission
to the NICS (as defined in IC 35-47-2.5-2.5) in accordance with
IC 33-24-6-3.
SECTION 231. IC 35-36-3-1, AS AMENDED BY P.L.85-2024,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. (a) If at any time before the final submission of
any criminal case to the court or the jury trying the case, the court has
reasonable grounds for believing that the defendant lacks the ability to
understand the proceedings and assist in the preparation of a defense,
the court shall immediately fix a time for a hearing to determine
whether the defendant has that ability.
(b) This subsection applies to a defendant charged with murder or
a Level 1, Level 2, Level 3, Level 4, or Level 5 felony. When a court
sets a hearing under subsection (a), the court shall appoint two (2) or
three (3) individuals to determine the defendant's competency. Each of
the appointed individuals must be a psychiatrist, or a psychologist
endorsed by the Indiana state board of examiners in psychology as a
health service provider in psychology. An individual appointed under
this subsection must be competent and disinterested.
(c) This subsection applies to a defendant charged with a
misdemeanor or a Level 6 felony. When a court sets a hearing under
subsection (a), the court shall appoint one (1) individual who:
(1) is a:
(A) psychiatrist; or
(B) psychologist endorsed by the Indiana state board of
examiners in psychology as a health service provider in
psychology;
(2) is competent and disinterested; and
(3) has expertise in determining competency.
(d) In addition to the psychiatrist or psychologist appointed under
subsection (c), the court may appoint not more than two (2) additional
individuals to assist the court in determining competency. Upon request
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of either party, the court shall appoint at least one (1), but not more
than two (2), additional individuals to assist the court in determining
competency. An individual appointed under this subsection may be an
individual:
(1) described in subsection (c); or
(2) who is competent and disinterested, has expertise in
determining competency, and is:
(A) licensed:
(i) under IC 25-23 as an advanced practice registered nurse
(APRN) with a certification as a psychiatric mental health
nurse practitioner;
(ii) under IC 25-27.5 as a physician assistant who specializes
in psychiatry or mental health; or
(iii) under IC 25-22.5 as a physician who specializes in
psychiatry or mental health; and
(B) certified by the division of mental health and addiction as
a competency evaluator.
(e) An individual appointed under this section may not be an
employee or a contractor of a state institution (as defined in
IC 12-7-2-184). IC 12-7-2.1-318). The individuals who are appointed
shall examine the defendant and testify at the hearing as to whether the
defendant can understand the proceedings and assist in the preparation
of the defendant's defense.
(f) At the hearing, other evidence relevant to whether the defendant
has the ability to understand the proceedings and assist in the
preparation of the defendant's defense may be introduced. If the court
finds that the defendant has the ability to understand the proceedings
and assist in the preparation of the defendant's defense, the trial shall
proceed. If the court finds that the defendant lacks this ability, it shall
delay or continue the trial and order the defendant committed to the
division of mental health and addiction. The division of mental health
and addiction shall provide competency restoration services or enter
into a contract for the provision of competency restoration services by
a third party in the:
(1) location where the defendant currently resides; or
(2) least restrictive setting appropriate to the needs of the
defendant and the safety of the defendant and others.
However, if the defendant is serving an unrelated executed sentence in
the department of correction at the time the defendant is committed to
the division of mental health and addiction under this section, the
division of mental health and addiction shall provide competency
restoration services or enter into a contract for the provision of
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competency restoration services by a third party at a department of
correction facility agreed upon by the division of mental health and
addiction or the third party contractor and the department of correction.
A contract entered into with a third party under this subsection may
confer to the third party all authority the division would have in
providing competency restoration services to the defendant at a state
institution (as defined in IC 12-7-2-184). IC 12-7-2.1-318).
(g) If the court makes a finding under subsection (f), the court shall
transmit any information required by the office of judicial
administration to the office of judicial administration for transmission
to the NICS (as defined in IC 35-47-2.5-2.5) in accordance with
IC 33-24-6-3.
SECTION 232. IC 35-36-3-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 2. Whenever the
defendant attains the ability to understand the proceedings and assist
in the preparation of the defendant's defense:
(1) the superintendent of the state institution (as defined in
IC 12-7-2-184); IC 12-7-2.1-318); or
(2) if the division of mental health and addiction entered into a
contract for the provision of competency restoration services, the
director or medical director of the third party contractor;
shall certify that fact to the proper court, which shall enter an order
directing the sheriff to return the defendant. The court shall enter such
an order immediately after being sufficiently advised of the defendant's
attainment of the ability to understand the proceedings and assist in the
preparation of the defendant's defense. Upon the return to court of any
defendant committed under section 1 of this chapter, the court shall
hold the trial as if no delay or postponement had occurred.
SECTION 233. IC 35-36-3-3, AS AMENDED BY P.L.85-2024,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3. (a) Within ninety (90) days after:
(1) a defendant's admission to a state institution (as defined in
IC 12-7-2-184); IC 12-7-2.1-318); or
(2) the initiation of competency restoration services to a defendant
by a third party contractor;
the superintendent of the state institution (as defined in IC 12-7-2-184)
IC 12-7-2.1-318) or the director or medical director of the third party
contractor, if the division of mental health and addiction has entered
into a contract for the provision of competency restoration services by
a third party, shall certify to the proper court whether the defendant has
a substantial probability of attaining the ability to understand the
proceedings and assist in the preparation of the defendant's defense
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within the foreseeable future.
(b) If a party files a motion to dismiss, the court may dismiss the
charges against the defendant without prejudice if the:
(1) defendant has been diagnosed with:
(A) dementia;
(B) Alzheimer's disease; or
(C) a traumatic brain injury;
(2) defendant's diagnosis substantially impacts the defendant's
ability to understand the proceedings and assist in the preparation
of the defendant's defense within the foreseeable future; and
(3) defendant is charged with a misdemeanor or a Level 6 felony.
(c) If a defendant's charges are not dismissed under subsection (b)
and a substantial probability does not exist, the state institution (as
defined in IC 12-7-2-184) IC 12-7-2.1-318) or the third party
contractor shall initiate regular commitment proceedings under
IC 12-26. If a substantial probability does exist, the state institution (as
defined in IC 12-7-2-184) IC 12-7-2.1-318) or third party contractor
shall retain the defendant:
(1) until the defendant attains the ability to understand the
proceedings and assist in the preparation of the defendant's
defense and is returned to the proper court for trial; or
(2) for six (6) months from the date of the:
(A) defendant's admission to a state institution (as defined in
IC 12-7-2-184); IC 12-7-2.1-318); or
(B) initiation of competency restoration services by a third
party contractor;
whichever first occurs.
SECTION 234. IC 35-36-3-4, AS AMENDED BY P.L.85-2024,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 4. If a defendant who was found under section 3
of this chapter to have had a substantial probability of attaining the
ability to understand the proceedings and assist in the preparation of
the defendant's defense:
(1) has not attained that ability within six (6) months after the date
of the:
(A) defendant's admission to a state institution (as defined in
IC 12-7-2-184); IC 12-7-2.1-318); or
(B) initiation of competency restoration services by a third
party contractor; or
(2) has not had the criminal charges dismissed under section 3(b)
of this chapter;
the state institution (as defined in IC 12-7-2-184) IC 12-7-2.1-318) or
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the third party contractor, if the division of mental health and addiction
has entered into a contract for the provision of competency restoration
services by a third party, shall institute regular commitment
proceedings under IC 12-26.
SECTION 235. IC 35-42-2-1, AS AMENDED BY P.L.148-2024,
SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. (a) As used in this section, "public safety
official" means:
(1) a law enforcement officer, including an alcoholic beverage
enforcement officer;
(2) an employee of a penal facility or a juvenile detention facility
(as defined in IC 31-9-2-71); IC 31-9-2.1-144);
(3) an employee of the department of correction;
(4) a probation officer;
(5) a parole officer;
(6) a community corrections worker;
(7) a home detention officer;
(8) a department of child services employee;
(9) a firefighter;
(10) an emergency medical services provider;
(11) a judicial officer;
(12) a bailiff of any court; or
(13) a special deputy (as described in IC 36-8-10-10.6).
(b) As used in this section, "relative" means an individual related by
blood, half-blood, adoption, marriage, or remarriage, including:
(1) a spouse;
(2) a parent or stepparent;
(3) a child or stepchild;
(4) a grandchild or stepgrandchild;
(5) a grandparent or stepgrandparent;
(6) a brother, sister, stepbrother, or stepsister;
(7) a niece or nephew;
(8) an aunt or uncle;
(9) a daughter-in-law or son-in-law;
(10) a mother-in-law or father-in-law; or
(11) a first cousin.
(c) Except as provided in subsections (d) through (k), a person who
knowingly or intentionally:
(1) touches another person in a rude, insolent, or angry manner;
or
(2) in a rude, insolent, or angry manner places any bodily fluid or
waste on another person;
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commits battery, a Class B misdemeanor.
(d) The offense described in subsection (c)(1) or (c)(2) is a Class A
misdemeanor if it:
(1) results in bodily injury to any other person; or
(2) is committed against a member of a foster family home (as
defined in IC 35-31.5-2-139.3) by a person who is not a resident
of the foster family home if the person who committed the offense
is a relative of a person who lived in the foster family home at the
time of the offense.
(e) The offense described in subsection (c)(1) or (c)(2) is a Level 6
felony if one (1) or more of the following apply:
(1) The offense results in moderate bodily injury to any other
person.
(2) The offense is committed against a public safety official while
the official is engaged in the official's official duty, unless the
offense is committed by a person detained or committed under
IC 12-26.
(3) The offense is committed against a person less than fourteen
(14) years of age and is committed by a person at least eighteen
(18) years of age.
(4) The offense is committed against a person of any age who has
a mental or physical disability and is committed by a person
having the care of the person with the mental or physical
disability, whether the care is assumed voluntarily or because of
a legal obligation.
(5) The offense is committed against an endangered adult (as
defined in IC 12-10-3-2).
(6) The offense:
(A) is committed against a member of a foster family home (as
defined in IC 35-31.5-2-139.3) by a person who is not a
resident of the foster family home if the person who committed
the offense is a relative of a person who lived in the foster
family home at the time of the offense; and
(B) results in bodily injury to the member of the foster family.
(f) The offense described in subsection (c)(2) is a Level 6 felony if
the person knew or recklessly failed to know that the bodily fluid or
waste placed on another person was infected with hepatitis,
tuberculosis, or human immunodeficiency virus.
(g) The offense described in subsection (c)(1) or (c)(2) is a Level 5
felony if one (1) or more of the following apply:
(1) The offense results in serious bodily injury to another person.
(2) The offense is committed with a deadly weapon.
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(3) The offense results in bodily injury to a pregnant woman if the
person knew of the pregnancy.
(4) The person has a previous conviction for a battery or
strangulation offense included in this chapter against the same
victim.
(5) The offense results in bodily injury to one (1) or more of the
following:
(A) A public safety official while the official is engaged in the
official's official duties, unless the offense is committed by a
person detained or committed under IC 12-26.
(B) A person less than fourteen (14) years of age if the offense
is committed by a person at least eighteen (18) years of age.
(C) A person who has a mental or physical disability if the
offense is committed by an individual having care of the
person with the disability, regardless of whether the care is
assumed voluntarily or because of a legal obligation.
(D) An endangered adult (as defined in IC 12-10-3-2).
(h) The offense described in subsection (c)(2) is a Level 5 felony if:
(1) the person knew or recklessly failed to know that the bodily
fluid or waste placed on another person was infected with
hepatitis, tuberculosis, or human immunodeficiency virus; and
(2) the person placed the bodily fluid or waste on a public safety
official, unless the offense is committed by a person detained or
committed under IC 12-26.
(i) The offense described in subsection (c)(1) or (c)(2) is a Level 4
felony if it results in serious bodily injury to an endangered adult (as
defined in IC 12-10-3-2).
(j) The offense described in subsection (c)(1) or (c)(2) is a Level 3
felony if it results in serious bodily injury to a person less than fourteen
(14) years of age if the offense is committed by a person at least
eighteen (18) years of age.
(k) The offense described in subsection (c)(1) or (c)(2) is a Level 2
felony if it results in the death of one (1) or more of the following:
(1) A person less than fourteen (14) years of age if the offense is
committed by a person at least eighteen (18) years of age.
(2) An endangered adult (as defined in IC 12-10-3-2).
SECTION 236. IC 35-42-4-7, AS AMENDED BY P.L.238-2025,
SECTION 87, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 7. (a) As used in this section, "adoptive parent"
has the meaning set forth in IC 31-9-2-6. IC 31-9-2.1-13.
(b) As used in this section, "adoptive grandparent" means the parent
of an adoptive parent.
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(c) As used in this section, "charter school" has the meaning set
forth in IC 20-18-2-2.5.
(d) As used in this section, "child care worker" means a person who:
(1) provides care, supervision, or instruction to a child within the
scope of the person's employment in a shelter care facility;
(2) is employed by a:
(A) school corporation;
(B) charter school;
(C) nonpublic school; or
(D) special education cooperative;
attended by a child who is the victim of a crime under this
chapter; or
(3) is:
(A) affiliated with a:
(i) school corporation;
(ii) charter school;
(iii) nonpublic school; or
(iv) special education cooperative;
attended by a child who is the victim of a crime under this
chapter, regardless of how or whether the person is
compensated;
(B) in a position of trust in relation to a child who attends the
school or cooperative;
(C) engaged in the provision of care or supervision to a child
who attends the school or cooperative; and
(D) at least four (4) years older than the child who is the
victim of a crime under this chapter.
The term does not include a student who attends the school or
cooperative.
(e) As used in this section, "coach" means a person who:
(1) provides care, supervision, or instruction to a child within the
scope of the person's employment in a youth sports organization;
(2) is employed by a youth sports organization attended by a child
who is the victim of a crime under this chapter; or
(3) is:
(A) affiliated with a youth sports organization attended by a
child who is the victim of a crime under this chapter,
regardless of how or whether the person is compensated;
(B) in a position of trust in relation to a child who participates
in the youth sports organization;
(C) engaged in the provision of care or supervision to a child
who participates in the youth sports organization; and
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(D) at least four (4) years older than the child who is the
victim of a crime under this chapter.
This term includes a coach who is nonteaching or a volunteer.
(f) As used in this section, "custodian" means any person who
resides with a child and is responsible for the child's welfare.
(g) As used in this section, "mental health professional" means:
(1) a mental health counselor licensed under IC 25-23.6-8.5;
(2) a psychologist; or
(3) a psychiatrist.
(h) As used in this section, "military recruiter" means a member of:
(1) the United States Air Force;
(2) the United States Army;
(3) the United States Coast Guard;
(4) the United States Marine Corps;
(5) the United States Navy;
(6) the United States Space Force;
(7) any reserve components of the military forces listed in
subdivisions (1) through (5); or
(8) the Indiana National Guard;
whose primary job function, classification, or specialty is recruiting
individuals to enlist with an entity listed in subdivisions (1) through
(8).
(i) As used in this section, "nonpublic school" has the meaning set
forth in IC 20-18-2-12.
(j) For purposes of this section, a person has a "professional
relationship" with a child if:
(1) the person:
(A) has a license issued by the state or a political subdivision
on the basis of the person's training and experience that
authorizes the person to carry out a particular occupation; or
(B) is employed in a position in which counseling, supervising,
instructing, or recruiting children forms a significant part of
the employment; and
(2) the person has a relationship with a child that is based on the
person's employment or licensed status as described in
subdivision (1).
The term includes a relationship between a child and a mental health
professional or military recruiter. The term does not include a coworker
relationship between a child and a person described in subdivision
(1)(B).
(k) As used in this section, "school corporation" has the meaning set
forth in IC 20-18-2-16.
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(l) As used in this section, "special education cooperative" has the
meaning set forth in IC 20-35-5-1.
(m) As used in this section, "stepparent" means an individual who
is married to a child's custodial or noncustodial parent and is not the
child's adoptive parent.
(n) As used in this section, "workplace supervisor" means an
individual who has authority over a child while the child is employed
at the child's place of employment. The term includes a person who is
responsible for determining the child's wages (including whether the
child will receive a raise) or who otherwise has the authority to take an
adverse employment action against the child.
(o) As used in this section, "youth sports organization" means an
athletic or recreational program that is organized for:
(1) competition against another team, club, or entity; or
(2) athletic instruction;
predominantly for children less than eighteen (18) years of age.
(p) If a person who:
(1) is at least eighteen (18) years of age; and
(2) is the:
(A) guardian, adoptive parent, adoptive grandparent,
custodian, or stepparent of;
(B) child care worker for; or
(C) coach of;
a child less than eighteen (18) years of age;
engages with the child in sexual intercourse, other sexual conduct (as
defined in IC 35-31.5-2-221.5), or any fondling or touching with the
intent to arouse or satisfy the sexual desires of either the child or the
adult, the person commits child seduction.
(q) A person who:
(1) has or had a professional relationship with a child less than
eighteen (18) years of age whom the person knows to be less than
eighteen (18) years of age;
(2) may exert undue influence on the child because of the person's
current or previous professional relationship with the child; and
(3) uses or exerts the person's professional relationship to engage
in sexual intercourse, other sexual conduct (as defined in
IC 35-31.5-2-221.5), or any fondling or touching with the child
with the intent to arouse or satisfy the sexual desires of the child
or the person;
commits child seduction.
(r) A law enforcement officer who:
(1) is at least four (4) years older than a child who is less than
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eighteen (18) years of age;
(2) has contact with the child while acting within the scope of the
law enforcement officer's official duties with respect to the child;
and
(3) uses or exerts the law enforcement officer's professional
relationship with the child to engage with the child in:
(A) sexual intercourse;
(B) other sexual conduct (as defined in IC 35-31.5-2-221.5);
or
(C) any fondling or touching with the child with the intent to
arouse or satisfy the sexual desires of the child or the law
enforcement officer;
commits child seduction.
(s) In determining whether a person used or exerted the person's
professional relationship with the child to engage in sexual intercourse,
other sexual conduct (as defined in IC 35-31.5-2-221.5), or any
fondling or touching with the intent to arouse or satisfy the sexual
desires of the child or the person under this section, the trier of fact
may consider one (1) or more of the following:
(1) The age difference between the person and the child.
(2) Whether the person was in a position of trust with respect to
the child.
(3) Whether the person's conduct with the child violated any
ethical obligations of the person's profession or occupation.
(4) The authority that the person had over the child.
(5) Whether the person exploited any particular vulnerability of
the child.
(6) Any other evidence relevant to the person's ability to exert
undue influence over the child.
(t) This subsection does not apply to a workplace supervisor who
had a dating relationship with the child before the child was employed
at the place of employment. A workplace supervisor who:
(1) is at least four (4) years older than a child who is less than
eighteen (18) years of age;
(2) supervises the child at the child's place of employment; and
(3) uses or exerts the workplace supervisor's supervisory
relationship with the child to engage with the child in:
(A) sexual intercourse;
(B) other sexual conduct (as defined in IC 35-31.5-2-221.5);
or
(C) any fondling or touching with the child with the intent to
arouse or satisfy the sexual desires of the child or the
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workplace supervisor;
commits child seduction.
(u) In determining whether a workplace supervisor used or exerted
the workplace supervisor's relationship with the child to engage in
sexual intercourse, other sexual conduct (as defined in
IC 35-31.5-2-221.5), or any fondling or touching with the intent to
arouse or satisfy the sexual desires of the child or the workplace
supervisor, the trier of fact may consider one (1) or more of the
following:
(1) The age difference between the workplace supervisor and the
child.
(2) Whether the workplace supervisor was in a position of trust
with respect to the child.
(3) Whether the workplace supervisor suggested to the child that
engaging or not engaging in sexual activity with the workplace
supervisor would or could affect the child at the child's place of
employment.
(4) The authority that the workplace supervisor had over the child.
(5) Whether the workplace supervisor exploited any particular
vulnerability of the child.
(6) Any other evidence relevant to the workplace supervisor's
ability to exert undue influence over the child.
(v) Child seduction under this section is:
(1) a Level 6 felony if the child is at least sixteen (16) years of age
but less than eighteen (18) years of age and the person or law
enforcement officer engaged in any fondling or touching with the
intent to arouse or satisfy the sexual desires of:
(A) the child; or
(B) the person or law enforcement officer;
(2) a Level 5 felony if the child is at least sixteen (16) years of age
but less than eighteen (18) years of age and the person or law
enforcement officer engaged in sexual intercourse or other sexual
conduct (as defined in IC 35-31.5-2-221.5) with the child;
(3) a Level 5 felony if the child is at least fourteen (14) years of
age but less than sixteen (16) years of age and the person or law
enforcement officer engaged in any fondling or touching with the
intent to arouse or satisfy the sexual desires of:
(A) the child; or
(B) the person or law enforcement officer;
(4) a Level 4 felony if the child is at least fourteen (14) years of
age but less than sixteen (16) years of age and the person or law
enforcement officer engaged in sexual intercourse or other sexual
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conduct (as defined in IC 35-31.5-2-221.5) with the child;
(5) a Level 3 felony if the child is thirteen (13) years of age or
under and the person or law enforcement officer engaged in any
fondling or touching with the intent to arouse or satisfy the sexual
desires of:
(A) the child; or
(B) the person or law enforcement officer; and
(6) a Level 2 felony if the child is thirteen (13) years of age or
under and the person or law enforcement officer engaged in
sexual intercourse or other sexual conduct (as defined in
IC 35-31.5-2-221.5) with the child.
SECTION 237. IC 35-44.1-1-4, AS AMENDED BY P.L.158-2013,
SECTION 499, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 4. (a) The following definitions
apply throughout this section:
(1) "Dependent" means any of the following:
(A) The spouse of a public servant.
(B) A child, stepchild, or adoptee (as defined in IC 31-9-2-2)
IC 31-9-2.1-8) of a public servant who is:
(i) unemancipated; and
(ii) less than eighteen (18) years of age.
(C) An individual more than one-half (1/2) of whose support
is provided during a year by the public servant.
(2) "Governmental entity served by the public servant" means the
immediate governmental entity being served by a public servant.
(3) "Pecuniary interest" means an interest in a contract or
purchase if the contract or purchase will result or is intended to
result in an ascertainable increase in the income or net worth of:
(A) the public servant; or
(B) a dependent of the public servant who:
(i) is under the direct or indirect administrative control of
the public servant; or
(ii) receives a contract or purchase order that is reviewed,
approved, or directly or indirectly administered by the public
servant.
(b) A public servant who knowingly or intentionally:
(1) has a pecuniary interest in; or
(2) derives a profit from;
a contract or purchase connected with an action by the governmental
entity served by the public servant commits conflict of interest, a Level
6 felony.
(c) It is not an offense under this section if any of the following
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apply:
(1) The public servant or the public servant's dependent receives
compensation through salary or an employment contract for:
(A) services provided as a public servant; or
(B) expenses incurred by the public servant as provided by
law.
(2) The public servant's interest in the contract or purchase and all
other contracts and purchases made by the governmental entity
during the twelve (12) months before the date of the contract or
purchase was two hundred fifty dollars ($250) or less.
(3) The contract or purchase involves utility services from a utility
whose rate structure is regulated by the state or federal
government.
(4) The public servant:
(A) acts in only an advisory capacity for a state supported
college or university; and
(B) does not have authority to act on behalf of the college or
university in a matter involving a contract or purchase.
(5) A public servant under the jurisdiction of the state ethics
commission (as provided in IC 4-2-6-2.5) obtains from the state
ethics commission, following full and truthful disclosure, written
approval that the public servant will not or does not have a
conflict of interest in connection with the contract or purchase
under IC 4-2-6 and this section. The approval required under this
subdivision must be:
(A) granted to the public servant before action is taken in
connection with the contract or purchase by the governmental
entity served; or
(B) sought by the public servant as soon as possible after the
contract is executed or the purchase is made and the public
servant becomes aware of the facts that give rise to a question
of conflict of interest.
(6) A public servant makes a disclosure that meets the
requirements of subsection (d) or (e) and is:
(A) not a member or on the staff of the governing body
empowered to contract or purchase on behalf of the
governmental entity, and functions and performs duties for the
governmental entity unrelated to the contract or purchase;
(B) appointed by an elected public servant;
(C) employed by the governing body of a school corporation
and the contract or purchase involves the employment of a
dependent or the payment of fees to a dependent;
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(D) elected; or
(E) a member of, or a person appointed by, the board of
trustees of a state supported college or university.
(7) The public servant is a member of the governing board of, or
is a physician employed or contracted by, a hospital organized or
operated under IC 16-22-1 through IC 16-22-5 or IC 16-23-1.
(d) A disclosure must:
(1) be in writing;
(2) describe the contract or purchase to be made by the
governmental entity;
(3) describe the pecuniary interest that the public servant has in
the contract or purchase;
(4) be affirmed under penalty of perjury;
(5) be submitted to the governmental entity and be accepted by
the governmental entity in a public meeting of the governmental
entity before final action on the contract or purchase;
(6) be filed within fifteen (15) days after final action on the
contract or purchase with:
(A) the state board of accounts; and
(B) if the governmental entity is a governmental entity other
than the state or a state supported college or university, the
clerk of the circuit court in the county where the governmental
entity takes final action on the contract or purchase; and
(7) contain, if the public servant is appointed, the written approval
of the elected public servant (if any) or the board of trustees of a
state supported college or university (if any) that appointed the
public servant.
(e) This subsection applies only to a person who is a member of, or
a person appointed by, the board of trustees of a state supported college
or university. A person to whom this subsection applies complies with
the disclosure requirements of this chapter with respect to the person's
pecuniary interest in a particular type of contract or purchase which is
made on a regular basis from a particular vendor if the individual files
with the state board of accounts and the board of trustees a statement
of pecuniary interest in that particular type of contract or purchase
made with that particular vendor. The statement required by this
subsection must be made on an annual basis.
SECTION 238. IC 35-44.1-2-3, AS AMENDED BY P.L.129-2025,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3. (a) As used in this section, "consumer product"
has the meaning set forth in IC 35-45-8-1.
(b) As used in this section, "misconduct" means a violation of a
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departmental rule or procedure of a law enforcement agency.
(c) A person who reports that:
(1) the person or another person has placed or intends to place an
explosive, a destructive device, or other destructive substance in
a building or transportation facility;
(2) there has been or there will be tampering with a consumer
product introduced into commerce; or
(3) there has been or will be placed or introduced a weapon of
mass destruction in a building or a place of assembly;
knowing the report to be false, commits false reporting, a Level 6
felony.
(d) A person who:
(1) gives:
(A) a false report of the commission of a crime; or
(B) false information to a law enforcement officer that relates
to the commission of a crime;
knowing the report or information to be false;
(2) gives a false alarm of fire to the fire department of a
governmental entity, knowing the alarm to be false;
(3) makes a false request for ambulance service to an ambulance
service provider, knowing the request to be false;
(4) gives a false report concerning a missing child (as defined in
IC 10-13-5-4), missing veteran at risk (as defined in
IC 12-7-2-197.3), IC 12-7-2.1-346), or missing endangered adult
(as defined in IC 12-7-2-131.3) IC 12-7-2.1-227) or gives false
information to a law enforcement officer or a governmental entity
that relates to a missing child, missing veteran at risk, or missing
endangered adult knowing the report or information to be false;
(5) makes a complaint against a law enforcement officer to the
state or municipality (as defined in IC 8-1-13-3(b)) that employs
the officer:
(A) alleging the officer engaged in misconduct while
performing the officer's duties; and
(B) knowing the complaint to be false;
(6) makes a false report of a missing person, knowing the report
or information is false;
(7) gives a false report of actions, behavior, or conditions
concerning:
(A) a septic tank soil absorption system under IC 8-1-2-125 or
IC 13-26-5-2.5; or
(B) a septic tank soil absorption system or constructed wetland
septic system under IC 36-9-23-30.1;
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knowing the report or information to be false; or
(8) makes a false report that a person is dangerous (as defined in
IC 35-47-14-1) knowing the report or information to be false;
commits false informing, a Class B misdemeanor except as provided
in subsection (e).
(e) The offense described in subsection (d) is:
(1) a Class A misdemeanor if it:
(A) substantially hinders any law enforcement process,
including by causing the dispatch of one (1) or more law
enforcement officers;
(B) results in harm to another person; or
(C) is committed under subsection (d)(8);
(2) a Level 6 felony if it:
(A) is committed under subsection (d)(8); and
(B) either:
(i) substantially hinders any law enforcement process,
including by causing the dispatch of one (1) or more law
enforcement officers;
(ii) results in harm to another person; or
(iii) would cause a reasonable person to feel terrorized,
frightened, intimidated, or threatened; and
(3) a Level 5 felony if it is committed under subsection (d)(8) and
results in serious bodily injury or death to another person.
SECTION 239. IC 35-44.1-3-5, AS AMENDED BY P.L.104-2024,
SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 5. (a) The following definitions apply throughout
this section:
(1) "Chemical intoxicant" means a substance that, when
introduced into a person's body, causes intoxication or a similar
physical effect. The term does not include an alcoholic beverage
or a cigarette or tobacco product (as defined in IC 6-7-2-5).
(2) "Juvenile facility" means the following:
(A) A secure facility (as defined in IC 31-9-2-114)
IC 31-9-2.1-222) in which a child is detained under IC 31 or
used for a child awaiting adjudication or adjudicated under
IC 31 as a child in need of services or a delinquent child.
(B) A shelter care facility (as defined in IC 31-9-2-117)
IC 31-9-2.1-227) in which a child is detained under IC 31 or
used for a child awaiting adjudication or adjudicated under
IC 31 as a child in need of services or a delinquent child.
(b) A person who, without the prior authorization of the person in
charge of a penal facility or juvenile facility, knowingly or
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intentionally:
(1) delivers, or carries into the penal facility or juvenile facility
with intent to deliver, an article to an inmate or child of the
facility;
(2) carries, or receives with intent to carry out of the penal facility
or juvenile facility, an article from an inmate or child of the
facility; or
(3) delivers, or carries to a worksite with the intent to deliver,
alcoholic beverages to an inmate or child of a jail work crew or
community work crew;
(including delivering, carrying, or receiving through the use of an
unmanned aerial vehicle) commits trafficking with an inmate, a Class
A misdemeanor. However, the offense is a Level 5 felony under
subdivision (1) or (2) if the article is a controlled substance, a chemical
intoxicant, a deadly weapon, or a cellular telephone or other wireless
or cellular communications device.
(c) If:
(1) the person who committed the offense under subsection (b) is
an employee of:
(A) the department of correction; or
(B) a penal facility;
and the article is a cigarette or tobacco product (as defined in
IC 6-7-2-5), the court shall order the person to pay a fine of at
least five hundred dollars ($500) and not more than five thousand
dollars ($5,000) under IC 35-50-3-2, in addition to any term of
imprisonment imposed under IC 35-50-3-2; or
(2) a person is convicted of committing a Level 5 felony under
subsection (b)(1) or (b)(2) because the article was a cellular
telephone or other wireless or cellular communication device, the
court shall order the person to pay a fine of at least five hundred
dollars ($500) and not more than ten thousand dollars ($10,000)
under IC 35-50-2-6(a) in addition to any term of imprisonment
imposed on the person under IC 35-50-2-6(a).
(d) A person who:
(1) is not an inmate of a penal facility or a child of a juvenile
facility; and
(2) knowingly or intentionally possesses in, or carries or causes to
be brought into, the penal facility or juvenile facility a deadly
weapon without the prior authorization of the person in charge of
the penal facility or juvenile facility;
commits carrying a deadly weapon into a correctional facility, a Level
5 felony.
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SECTION 240. IC 35-46-1-4.1, AS ADDED BY P.L.158-2013,
SECTION 551, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 4.1. (a) As used in this section,
"child care provider" means a person who provides child care in or on
behalf of:
(1) a child care center (as defined in IC 12-7-2-28.4);
IC 12-7-2.1-55); or
(2) a child care home (as defined in IC 12-7-2-28.6);
IC 12-7-2.1-57);
regardless of whether the child care center or child care home is
licensed.
(b) A child care provider who recklessly supervises a child commits
reckless supervision, a Class B misdemeanor. However, the offense is
a Class A misdemeanor if the offense results in serious bodily injury to
a child, and a Level 6 felony if the offense results in the death of a
child.
SECTION 241. IC 35-46-7-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 1. As used in this
chapter, "health care provider" means:
(1) a hospital licensed under IC 16-21;
(2) a health facility licensed under IC 16-28;
(3) a housing services establishment that is required to file a
disclosure statement under IC 12-15;
(4) a continuing care retirement community that is required to file
a disclosure statement under IC 23-2-4;
(5) a home health agency licensed under IC 16-27;
(6) a hospice licensed under IC 16-25;
(7) an entity that provides licensed or certified health care
professionals to:
(A) a health care provider; or
(B) a person who is in need of, or receives, professional health
care services;
(8) a community mental health center (as defined in
IC 12-7-2-38); IC 12-7-2.1-78);
(9) a private psychiatric hospital licensed under IC 12-25;
(10) a state institution (as defined in IC 12-7-2-184);
IC 12-7-2.1-318); or
(11) a community residential facility for the developmentally
disabled that is licensed under IC 12-28-5.
SECTION 242. IC 35-47-14-1, AS AMENDED BY P.L.289-2019,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. (a) For the purposes of this chapter, an
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individual is "dangerous" if:
(1) the individual presents an imminent risk of personal injury to
the individual or to another individual; or
(2) it is probable that the individual will present a risk of personal
injury to the individual or to another individual in the future and
the individual:
(A) has a mental illness (as defined in IC 12-7-2-130)
IC 12-7-2.1-226) that may be controlled by medication, and
has not demonstrated a pattern of voluntarily and consistently
taking the individual's medication while not under supervision;
or
(B) is the subject of documented evidence that would give rise
to a reasonable belief that the individual has a propensity for
violent or suicidal conduct.
(b) The fact that an individual has been released from a mental
health facility or has a mental illness that is currently controlled by
medication does not establish that the individual is dangerous for the
purposes of this chapter.
SECTION 243. IC 35-48-1.1-18, AS ADDED BY P.L.186-2025,
SECTION 249, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 18. "Enhancing circumstance"
means one (1) or more of the following:
(1) The person has a prior conviction for dealing in a controlled
substance that is not marijuana, hashish, hash oil, or salvia
divinorum.
(2) The person committed the offense while in possession of a
firearm.
(3) The person committed the offense:
(A) on a school bus; or
(B) in, on, or within five hundred (500) feet of:
(i) school property while a person under eighteen (18) years
of age was reasonably expected to be present; or
(ii) a public park while a person under eighteen (18) years
of age was reasonably expected to be present.
(4) The person delivered or financed the delivery of the drug to a
person under eighteen (18) years of age at least three (3) years
junior to the person.
(5) The person manufactured or financed the manufacture of the
drug.
(6) The person committed the offense in the physical presence of
a child less than eighteen (18) years of age, knowing that the child
was present and might be able to see or hear the offense.
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(7) The person committed the offense on the property of a:
(A) penal facility; or
(B) juvenile facility (as defined in IC 35-44.1-3-5).
(8) The person knowingly committed the offense in, on, or within
one hundred (100) feet of a facility. For purposes of this
subdivision, "facility" means a place that is:
(A) created and funded under IC 12-23-14 or IC 33-23-16;
(B) certified under IC 12-23-1-6; or
(C) used for the purpose of conducting a recovery or support
group meeting;
and at which a drug abuser (as defined in IC 12-7-2-73)
IC 12-7-2.1-129) may be provided with treatment, care, or
rehabilitation.
SECTION 244. IC 35-50-1-6, AS AMENDED BY P.L.74-2015,
SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 6. (a) Before a person who has been convicted of
an offense and committed to the department of correction is assigned
to a department of correction program or facility under IC 11-10-1, the
sentencing court may recommend that the department of correction
place the person in a secure private facility (as defined in
IC 31-9-2-115) IC 31-9-2.1-223) if:
(1) the person was less than sixteen (16) years of age on the date
of sentencing; and
(2) the court determines that the person would benefit from the
treatment offered by the facility.
(b) A secure private facility may terminate a placement and request
the department of correction to reassign a convicted person to another
department of correction facility or program.
(c) When a convicted person becomes twenty-one (21) years of age
or if a secure private facility terminates a placement under subsection
(b) a convicted person shall:
(1) be assigned to a department of correction facility or program
under IC 11-10-1-3(b); and
(2) serve the remainder of the sentence in the department of
correction facility or program.
(d) A person who is placed in a secure private facility under this
section:
(1) is entitled to earn educational credit and good time credit
under IC 35-50-6; and
(2) may be deprived of earned educational credit and good time
credit as provided under rules adopted by the department of
correction under IC 4-22-2.
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SECTION 245. IC 36-1-24-10, AS ADDED BY P.L.73-2018,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 10. A unit may enact or enforce a law or plan that
regulates, prohibits, or limits short term rentals only for the following
primary purposes:
(1) Protection of the public's health and safety related to:
(A) fire and building safety;
(B) sanitation;
(C) transportation;
(D) traffic control; and
(E) pollution control;
if enforcement is performed in the same manner as enforcement
that applies to similar properties that are not short term rentals.
(2) Residential use and zoning related to:
(A) noise;
(B) protection of welfare;
(C) property maintenance; and
(D) nuisance issues;
if enforcement is performed in the same manner as enforcement
that applies to similar properties that are not short term rentals.
(3) To limit or prohibit use of short term rentals for the following
purposes:
(A) To house sex offenders.
(B) To operate a structured sober living home.
(C) To manufacture, exhibit, distribute, or sell illegal drugs,
liquor, pornography, or obscenity.
(D) To operate an adult entertainment establishment (as
defined in IC 12-7-2-1.8). IC 12-7-2.1-7).
(4) To limit or prohibit short term rentals located within the
boundaries of a conservancy district established under IC 14-33.
(5) To provide the unit with an emergency contact for a short term
rental.
SECTION 246. IC 36-4-3-5.2, AS AMENDED BY P.L.211-2025,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 5.2. (a) As used in this section, "homeowners
association" means a corporation that satisfies all of the following:
(1) The corporation is exempt from federal income taxation under
26 U.S.C. 528.
(2) The control and management of the corporation is vested in a
board of directors.
(3) The corporation is organized and operated exclusively for the
benefit of two (2) or more persons who each own:
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(A) a dwelling in fee simple; or
(B) a commercial building in fee simple;
within the residential development.
(4) The purpose of the corporation is to:
(A) own, maintain, and operate common areas and facilities;
(B) administer and enforce covenants and restrictions on
property; and
(C) collect and distribute assessments on property;
located within the residential development.
(5) The corporation acts in accordance with the articles, bylaws,
or other documents governing the corporation to:
(A) adopt and enforce rules and regulations necessary for the
enjoyment of common areas, recreation facilities, and other
amenities located within the residential development; and
(B) exercise the corporation's power to:
(i) levy assessments on property within the residential
development; and
(ii) collect assessments on property located within the
residential development by enforcing the corporation's lien
and foreclosure rights.
(b) As used in this section, "municipality" means:
(1) a third class city; or
(2) a town having a population of more than thirty thousand
(30,000) located in a county having a population of more than one
hundred seventy-four thousand (174,000) and less than one
hundred eighty thousand (180,000).
(c) As used in this section, "residential development" means a parcel
of land that is subdivided or will be subdivided upon collection of the
annexation into:
(1) lots, parcels, tracts, units, or interests that:
(A) include an existing Class 2 structure (as defined in
IC 22-12-1-5); or
(B) are designated for the construction of a Class 2 structure;
each of which is encumbered by substantively identical restrictive
covenants concerning one (1) or more servient estates located
within the boundaries of the original undivided parcel, or other
governing document of record;
(2) lots, parcels, tracts, units, or interests that:
(A) include an existing Class 1 structure (as defined in
IC 22-12-1-4); or
(B) are designated for the construction of a Class 1 structure;
and
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(3) a common area.
(d) In addition to annexing territory under section 3, 4, 5, or 5.1 of
this chapter, a third class city may annex a residential development and
a public highway right-of-way that connects the residential
development to the corporate limits of the third class city. A town
described in subsection (b)(2) may annex a residential development.
An annexation by a third class city or a town under this section must
satisfy the following:
(1) This subdivision applies only to an annexation by a
municipality. The residential development is governed by a
homeowners association.
(2) The residential development has at least any combination of:
(A) three hundred (300) proposed or existing, or both, single
family lots within the proposed or existing residential
developments, in the case of an annexation by a third class
city; or
(B) five hundred (500) proposed or existing, or both, single
family lots within the proposed or existing residential
developments, in the case of an annexation by a town
described in subsection (b)(2).
(3) This subdivision applies only to an annexation by a
municipality. The residential development is located in its entirety
not more than four and five-tenths (4.5) miles outside the
municipality's corporate boundaries.
(4) This subdivision applies only to an annexation by a third class
city. The residential development dwellings are or will be upon
construction connected to the third class city's sewer or water
service.
(5) This subdivision applies only to an annexation by a
municipality. The residential development includes a commercial
area containing or proposed to contain buildings intended to be
used and operated for commercial purposes.
(6) This subdivision applies only to an annexation by a third class
city. The residential development is adjacent to the public
highway right-of-way.
(7) This subdivision applies only to an annexation by a third class
city. The public highway that connects the residential
development to the corporate limits of the city is part of the state
highway system (as defined in IC 8-23-1-40). IC 8-23-1.1-39).
(8) This subdivision applies only to an annexation by a third class
city. The city's annexation territory includes only the public
highway right-of-way and the residential development.
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(9) The aggregate external boundary of the annexation territory
that coincides with the boundary of the third class city is greater
than zero (0).
(10) This subdivision applies only to an annexation by a town
described in subsection (b)(2). An existing sewer line extends
from the residential development to the corporate limits of the
town. The residential development is or will be upon construction
connected to the town's sewer and water service.
(11) This subdivision applies only to an annexation by a town
described in subsection (b)(2). The cost of construction of the
residential development is at least five hundred million dollars
($500,000,000).
(12) The aggregate external boundary of the annexation territory
that coincides with the boundary of the town described in
subsection (b)(2) is zero (0).
(e) Unless the articles, bylaws, or other governing documents of the
homeowners association expressly provide otherwise, the board of
directors of the homeowners association may file a petition with the
legislative body of the municipality requesting the municipality to
annex all property within the residential development. The annexation
may proceed only if the municipality adopts a resolution approving the
initiation of the annexation process not more than sixty (60) days after
the petition is filed. If the municipality does not adopt a resolution
within the sixty (60) day period, the petition is void.
(f) If the legislative body of the municipality adopts a resolution
approving initiation of the annexation, the municipality shall prepare
a written preliminary fiscal plan that must be made available to the
public at each of the outreach program meetings under section 1.7 of
this chapter.
(g) Upon completion of the outreach program meetings and before
mailing the notification to landowners under section 2.2 of this chapter,
the legislative body of the municipality shall adopt a written fiscal plan
by resolution that incorporates any revisions to the preliminary fiscal
plan.
(h) The municipality shall hold a public hearing not earlier than
thirty (30) days after the date the annexation ordinance is introduced.
All interested parties must have the opportunity to testify as to the
proposed annexation. Notice of the hearing shall be:
(1) published in accordance with IC 5-3-1 except that the notice
shall be published at least thirty (30) days before the hearing; and
(2) mailed as set forth in section 2.2 of this chapter.
A municipality may adopt an ordinance not earlier than thirty (30) days
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or not later than sixty (60) days after the legislative body of the
municipality has held the public hearing under this subsection.
(i) A landowner may file a remonstrance against the annexation as
provided in section 11 of this chapter.
(j) Territory annexed under this section may not be considered a part
of the third class city for purposes of annexing additional territory
under section 3 or 4 of this chapter. However, territory annexed under
this chapter shall be considered a part of the third class city for
purposes of annexing additional territory under section 5 or 5.1 of this
chapter.
(k) For purposes of an annexation by a third class city under this
section:
(1) section 1.5 of this chapter does not apply; and
(2) the landowner of the public highway right-of-way that is part
of the state highway system (as defined in IC 8-23-1-40)
IC 8-23-1.1-39) is considered to be the state of Indiana.
(l) The redevelopment commission of a town described in
subsection (b)(2) may only enact a housing tax increment financing
district in Liberty Township in Hendricks County if the housing tax
increment financing district is approved by a resolution passed by the
Mill Creek School Corporation.
(m) The following apply only to an annexation by a town described
in subsection (b)(2):
(1) Any territory that is annexed under this section may not be
considered a part of the town for purposes of annexing additional
territory under section 3 or 4 of this chapter. However, any part of
the unincorporated area (including any property occupied by the
sewer line under subsection (d)(10)) that:
(A) adjoins the boundaries of the annexation territory; and
(B) extends one-half (1/2) mile from the boundaries of the
annexation territory;
may only be annexed by the town if the annexation is under
section 5.1 of this chapter.
(2) Any part of the unincorporated area (including any property
occupied by the sewer line under subsection (d)(10)) that extends:
(A) outside the one-half (1/2) mile area described in
subdivision (1); and
(B) to the corporate limits of the town;
is not a part of the annexation territory or the town for purposes
of annexing additional territory under this chapter.
SECTION 247. IC 36-7-4-1107 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 1107. (a) This section
SEA 80 — CC 1
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applies to a children's home providing residential care for eleven (11)
or more children that is operating in a residential area on January 1,
1992.
(b) As used in this section, "children's home" has the meaning set
forth in IC 12-7-2-29(1). IC 12-7-2.1-60(1).
(c) A zoning ordinance may not prevent improvements to a
children's home on the grounds that:
(1) the children's home is a business; or
(2) the persons residing in the children's home are not related.
(d) Except as provided in subsection (c), a children's home must
meet the same:
(1) zoning requirements;
(2) developmental standards; and
(3) building codes;
that apply to the improvement of residential structures in the same
residential district or classification as the children's home.
(e) As used in this subsection, "tract" has the meaning set forth in
IC 6-1.1-1-22.5. A children's home must comply with a restriction,
reservation, condition, exception, or covenant in a subdivision plat,
deed, or other instrument of, or pertaining to, the transfer, sale, lease,
or use of property that:
(1) applies to the tract on which the children's home is located;
and
(2) is in existence for that tract before the children's home
acquires ownership or use of the tract.
SECTION 248. IC 36-7-4-1108, AS AMENDED BY P.L.134-2024,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1108. (a) This section applies only to a child care
home that is used as the primary residence of the person who operates
the child care home regardless of whether the child care home meets
the definition set forth in IC 12-7-2-28.6. IC 12-7-2.1-57.
(b) A zoning ordinance may not do any of the following:
(1) Exclude a child care home from a residential area solely
because the child care home is a business.
(2) Impose limits on the number of children that may be served by
a child care home at any one (1) time that vary from the limits set
forth in IC 12-7-2-33.7 IC 12-7-2.1-68 and IC 12-7-2-33.8.
IC 12-7-2.1-69.
(3) Impose requirements or restrictions upon child care homes
that vary from the requirements and restrictions imposed upon
child care homes by rules adopted by the division of family
resources or the fire prevention and building safety commission.
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(c) Notwithstanding subsection (b), a child care home may be
required to meet the same:
(1) zoning requirements;
(2) developmental standards; and
(3) building codes;
that apply to other residential structures in the same residential district
or classification as the child care home.
SECTION 249. IC 36-7-24-3, AS AMENDED BY P.L.1-2009,
SECTION 167, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 3. As used in this chapter, "facility"
refers to the following:
(1) A secure facility for juveniles (as defined in IC 31-9-2-115).
IC 31-9-2.1-223).
(2) A shelter care facility for juveniles (as defined in
IC 31-9-2-117). IC 31-9-2.1-227).
SECTION 250. IC 36-7-33-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 3. As used in this
chapter, "state institution" has the meaning set forth in IC 12-7-2-184.
IC 12-7-2.1-318.
SECTION 251. IC 36-8-8-19, AS AMENDED BY P.L.6-2012,
SECTION 253, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 19. (a) The baseline statewide
physical examination required by section 7(a) of this chapter shall be
prescribed by the system board and shall be administered by the
appointing authority, as determined by the local board, after the
appointing authority extends a conditional offer for employment. The
baseline statewide physical examination shall be administered by a
licensed physician and must include all of the following:
(1) A general medical history.
(2) The tests identified in rules that shall be adopted by the system
board.
(b) The system board shall adopt minimum standards by rule that a
police officer or firefighter must meet for the baseline statewide
physical examination described in subsection (a). The baseline
statewide physical examination and related standards must:
(1) reflect the essential functions of the job;
(2) be consistent with business necessity; and
(3) be evaluated by the system board one (1) time before January
1, 2015, and every five (5) years thereafter.
(c) The system board shall, in consultation with the commissioner
of mental health, select the baseline statewide mental examination
described in section 7(a) of this chapter. The standards for passing the
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baseline statewide mental examination shall be determined by the local
board. The baseline statewide mental examination and related
standards must:
(1) reflect the essential functions of the job;
(2) be consistent with business necessity; and
(3) be evaluated by the system board one (1) time before January
1, 2015, and every five (5) years thereafter.
The purpose of the baseline statewide mental examination is to
determine if the police officer or firefighter is mentally suitable to be
a member of the department. The local board may designate a
community mental health center or a managed care provider (as
defined in IC 12-7-2-127(b)), IC 12-7-2.1-219), a hospital, a licensed
physician, or a licensed psychologist to administer the examination.
However, the results of a baseline statewide mental examination shall
be interpreted by a licensed physician or a licensed psychologist.
(d) The employer shall pay for no less than one-half (1/2) the cost
of the examinations.
(e) Each local board shall name the physicians who will conduct the
examinations under this section.
(f) If a local board determines that a candidate passes the local
physical and mental standards, if any, established under IC 36-8-3.2-6,
the baseline statewide physical examination described in subsection
(a), and the baseline statewide mental examination described in
subsection (c), the local board shall send the following to the Indiana
public retirement system:
(1) Copies and certification of the results of the baseline statewide
physical examination described in subsection (a).
(2) Certification of the results of the physical agility examination
required under IC 36-8-3.2-3 or IC 36-8-3.2-3.5.
(3) Certification of the results of the baseline statewide mental
examination described in subsection (c).
(g) The system board or the system board's designee shall then
determine whether the candidate passes the baseline statewide physical
standards adopted under subsection (b). If the candidate passes the
baseline statewide standards, the system board or the system board's
designee shall also determine whether the candidate has a Class 3
excludable condition under section 13.6 of this chapter. The system
board or the system board's designee shall retain the results of the
examinations and all documents related to the examination until the
police officer or firefighter retires or separates from the department.
(h) To the extent required by the federal Americans with Disabilities
Act, the system board shall do the following:
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(1) Treat the medical transcripts, reports, records, and other
material compiled under this section as confidential medical
records.
(2) Keep the transcripts, reports, records, and material described
in subdivision (1) in separate medical files for each member.
(i) A local board may, at the request of an appointing authority or on
the local board's own motion, issue subpoenas, discovery orders, and
protective orders in accordance with the Indiana Rules of Trial
Procedure to facilitate the receipt of accurate and original documents
necessary for the proper administration of this chapter. A subpoena or
order issued under this subsection:
(1) must be served in accordance with the Indiana Rules of Trial
Procedure; and
(2) may be enforced in the circuit or superior court with
jurisdiction for the county in which the subpoena or order is
served.
SECTION 252. IC 12-7-2-78.6, AS ADDED BY HEA 1296-2026,
SECTION 1, IS REPEALED [EFFECTIVE JULY 1, 2026]. Sec. 78.6.
"Ethical standards", for purposes of IC 12-23-25, has the meaning set
forth in IC 12-23-25-1.
SECTION 253. IC 12-7-2-117.9, AS ADDED BY HEA 1296-2026,
SECTION 2, IS REPEALED [EFFECTIVE JULY 1, 2026]. Sec. 117.9.
"Integrated reentry and correctional support" refers to mental health
and substance use services and support, including certified peer
support recovery resources and treatment, provided to individuals
during incarceration and reentry.
SECTION 254. IC 12-7-2-135.2, AS ADDED BY HEA 1296-2026,
SECTION 3, IS REPEALED [EFFECTIVE JULY 1, 2026]. Sec. 135.2.
"Owner", for purposes of IC 12-23-25, has the meaning set forth in
IC 12-23-25-2.
SECTION 255. IC 12-7-2-158.3, AS ADDED BY HEA 1296-2026,
SECTION 4, IS REPEALED [EFFECTIVE JULY 1, 2026]. Sec. 158.3.
"Recovery residence services", for purposes of IC 12-23-25, has the
meaning set forth in IC 12-23-25-3.
SECTION 256. IC 31-9-2-5.2, AS ADDED BY HEA 1389-2026,
SECTION 1, IS REPEALED [EFFECTIVE JULY 1, 2026]. Sec. 5.2.
"Adoption or foster care service", for purposes of IC 31-10-3.5, refers
to any one (1) or more of the following:
(1) Promoting foster parenting.
(2) Coordinating placement of a child in a home or facility
licensed under IC 31-27.
(3) Recruiting a foster parent or an adoptive parent.
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(4) Licensing or certifying a foster family home.
(5) Promoting adoption.
(6) Assisting with an adoption or supporting an adoptive parent.
(7) Performing or assisting with a home study.
(8) Assisting with a kinship guardianship or a kinship caregiver.
(9) Providing any family preservation service.
(10) Providing any family support service or temporary family
reunification service.
SECTION 257. IC 31-9-2-40.9, AS ADDED BY HEA 1389-2026,
SECTION 2, IS REPEALED [EFFECTIVE JULY 1, 2026]. Sec. 40.9.
"Discriminate", for purposes of IC 31-10-3.5, includes any one (1) or
more of the following acts when done wholly or partially based on a
person's sincerely held religious belief:
(1) Denying or otherwise making unavailable any funding to the
person, including:
(A) a state grant;
(B) a loan;
(C) a scholarship;
(D) a guarantee; or
(E) an entitlement or a state benefit.
(2) Terminating, altering the terms of, or refusing to enter into a
contract with the person, including a subcontract or cooperative
agreement.
(3) Refusing to recognize or taking any adverse action against a
person's:
(A) license;
(B) certificate;
(C) custody award or agreement; or
(D) any other similar status.
(4) Refusing to place a child with the person, except for the
reasons set forth in IC 31-10-3.5-1.
(5) Altering in any way the person's tax treatment, including:
(A) imposing a tax penalty;
(B) denying or otherwise making unavailable an exemption
from taxation; or
(C) disallowing or otherwise making unavailable a deduction
for state tax purposes of any charitable donation made by or to
the person.
(6) Imposing on the person any of the following:
(A) A monetary fine.
(B) A fee.
(C) A penalty.
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(D) A damages award.
(E) An injunction.
(7) Taking any of the following actions:
(A) Refusing to hire or promote the person.
(B) Forcing the person to resign.
(C) Firing, demoting, or disciplining the person.
(D) Altering the terms or conditions of the person's
employment.
(E) Retaliating against the person.
(F) Taking any other adverse employment action against the
person.
SECTION 258. IC 31-9-2-58.1, AS ADDED BY HEA 1035-2026,
SECTION 1, IS REPEALED [EFFECTIVE JULY 1, 2026]. Sec. 58.1.
"Independent activity", for purposes of IC 31-34-1-1, includes any of
the following when done by a child without the supervision of a parent,
guardian, or custodian:
(1) Traveling on foot, by bicycle, or by public transportation.
(2) Playing outdoors.
(3) Remaining at home.
(4) Remaining in a stationary vehicle.
SECTION 259. IC 31-9-2-89, AS AMENDED BY HEA 1389-2026,
SECTION 3, IS REPEALED [EFFECTIVE JULY 1, 2026]. Sec. 89. (a)
"Person", for purposes of IC 31-19-19, IC 31-19-25, and the juvenile
law, means:
(1) a human being;
(2) a corporation;
(3) a limited liability company;
(4) a partnership;
(5) an unincorporated association; or
(6) a governmental entity.
(b) "Person", for purposes of section 44.5 of this chapter, means an
adult or a minor.
(c) "Person", for purposes of IC 31-27, means an individual who is
at least twenty-one (21) years of age, a corporation, a partnership, a
voluntary association, or other entity.
(d) "Person", for purposes of the Uniform Child Custody
Jurisdiction Act under IC 31-21, has the meaning set forth in
IC 31-21-2-13.
(e) "Person", for purposes of the Uniform Interstate Family Support
Act under IC 31-18.5, has the meaning set forth in IC 31-18.5-1-2.
(f) "Person", for purposes of IC 31-10-3.5, means:
(1) an individual; or
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(2) a legal entity, including a religious organization.
SECTION 260. IC 31-9-2-107.2, AS ADDED BY HEA 1389-2026,
SECTION 4, IS REPEALED [EFFECTIVE JULY 1, 2026]. Sec. 107.2.
"Religious organization", for purposes of section 89 of this chapter,
refers to any of the following:
(1) A house of worship, including a church, synagogue, shrine,
mosque, or temple.
(2) A religious:
(A) group;
(B) corporation;
(C) association;
(D) school or educational institution;
(E) ministry;
(F) order;
(G) society; or
(H) entity, regardless of whether the entity is integrated or
affiliated with a house of worship.
(3) Any officer, owner, employee, manager, religious leader,
clergy, or minister of an entity described in this section.
SECTION 261. IC 31-9-2-119.5, AS ADDED BY HEA 1389-2025,
SECTION 5, IS REPEALED [EFFECTIVE JULY 1, 2026]. Sec. 119.5.
"State benefit", for purposes of section 40.9 of this chapter, means any
program administered, controlled, or funded by the state that provides
any one (1) or more of the following:
(1) Cash.
(2) Payments.
(3) Grants.
(4) Contracts.
(5) Loans.
(6) In-kind assistance.
SECTION 262. IC 31-9-2-29.5, AS AMENDED BY SEA 261-2026,
SECTION 2, IS REPEALED [EFFECTIVE JULY 1, 2026]. Sec. 29.5.
"Crime involving domestic or family violence" means a crime that
occurs when a family or household member commits, attempts to
commit, or conspires to commit any of the following against another
family or household member:
(1) A homicide offense under IC 35-42-1.
(2) A battery offense under IC 35-42-2.
(3) Kidnapping or confinement under IC 35-42-3.
(4) A sex offense under IC 35-42-4.
(5) Robbery under IC 35-42-5.
(6) Arson or vandalism under IC 35-43-1.
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(7) Burglary or trespass under IC 35-43-2.
(8) Disorderly conduct under IC 35-45-1.
(9) Intimidation or harassment under IC 35-45-2.
(10) Voyeurism under IC 35-45-4.
(11) Stalking under IC 35-45-10.
(12) An offense against the family under IC 35-46-1-2 through
IC 35-46-1-8, IC 35-46-1-12, IC 35-46-1-15.1, or
IC 35-46-1-15.3.
(13) Human and sexual trafficking crimes under IC 35-42-3.5.
(14) A crime involving animal cruelty and a family or household
member under IC 35-46-3-12(b)(2) or IC 35-46-3-12.5.
SECTION 263. IC 12-7-2-24.3, AS ADDED BY SEA 1-2026,
SECTION 2, IS REPEALED. [EFFECTIVE JULY 1, 2026]. Sec. 24.3.
"Candy", for purposes of IC 12-14-30-10, has the meaning set forth in
IC 12-14-30-10(a).
SECTION 264. IC 12-7-2-179.5, AS ADDED BY SEA 1-2026,
SECTION 3, IS REPEALED [EFFECTIVE JULY 1, 2026]. Sec. 179.5.
"Soft drink", for purposes of IC 12-14-30-10, has the meaning set forth
in IC 12-14-30-10(b).
SECTION 265. IC 35-31.5-2-273.2, AS AMENDED BY SEA
160-2026, SECTION 2, AND AS AMENDED BY SEA 261-2026,
SECTION 10, IS CORRECTED AND AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 273.2. "Refuse", for
purposes of IC 35-45-3-2 and IC 35-45-3-4, has the meaning set forth
in IC 35-45-3-2(b). IC 35-45-3-2.
SECTION 266. IC 16-21-6-6, AS AMENDED BY HEA 1358-2026,
SECTION 20, AND AS AMENDED BY SEA 76-2026, SECTION 15,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2027]: Sec. 6. In addition to the report
filed under section 3 of this chapter, each hospital shall, not more than
one hundred twenty (120) days after the end of each calendar quarter,
not later than October 1 of the year following the end of the hospital's
fiscal year, file with the state department, or the state department's
designated contractor, inpatient and outpatient discharge information
at the patient level, in a format prescribed by the state health
commissioner, including the following:
(1) The patient's:
(A) length of stay;
(B) diagnoses and surgical procedures performed during the
patient's stay;
(C) date of:
(i) admission;
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(ii) discharge; and
(iii) birth;
(D) type of admission;
(E) admission source;
(F) gender;
(G) race;
(H) discharge disposition; and
(I) payor, including:
(i) Medicare;
(ii) Medicaid;
(iii) a local government program;
(iv) commercial insurance;
(v) self-pay; and
(vi) charity care.
(2) The total charge for the patient's stay.
(3) The ZIP code of the patient's residence.
(4) Beginning October 1, 2013, all diagnosed external causes of
injury codes.
(5) Beginning January 1, 2027, in cases where Medicaid is the
patient's payor, the form of identification, if any, used by the
patient when the patient was admitted, including whether the
patient used an Indiana driver's license or identification card, a
temporary Indiana driver's license or identification card, a
driver's license or identification card issued by another state, a
form of identification issued by a foreign government, or no
identification.
SECTION 267. IC 31-9-2-47.3, AS AMENDED BY SEA 15-2026,
SECTION 4, IS REPEALED [EFFECTIVE JULY 1, 2026]. Sec. 47.3.
(a) "Foster youth", for purposes of IC 31-26-4.5, refers to an individual:
(1) who is at least fifteen (15) years of age;
(2) who is not more than twenty-three (23) years of age; and
(3) who:
(A) is adjudicated a child in need of services under
IC 31-34-1; or
(B) was in foster care when the individual became an adult (as
defined by section 7(b) of this chapter).
(b) "Foster youth", for purposes of IC 31-25-2-29, refers to an
individual:
(1) who is at least twelve (12) years of age;
(2) who is not more than twenty-three (23) years of age;
(3) who:
(A) is a child in need of services under IC 31-34-1; or
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(B) is receiving collaborative care (as defined in
IC 31-28-5.8-1); and
(4) who is in an out-of-home placement.
SECTION 268. IC 4-21.5-3-6, AS AMENDED BY SEA 169-2026,
SECTION 6, AND AS AMENDED BY SEA 222-2026, SECTION 4,
IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 6. (a) Notice shall be given under
this section concerning the following:
(1) A safety order under IC 22-8-1.1.
(2) Any order that:
(A) imposes a sanction on a person or terminates a legal right,
duty, privilege, immunity, or other legal interest of a person;
(B) is not described in section 4 or 5 of this chapter or
IC 4-21.5-4; and
(C) by statute becomes effective without a proceeding under
this chapter if there is no request for a review of the order
within a specified period after the order is issued or served.
(3) A notice of program reimbursement or equivalent
determination or other notice regarding a hospital's
reimbursement issued by the office of Medicaid policy and
planning or by a contractor of the office of Medicaid policy and
planning regarding a hospital's year end cost settlement.
(4) A determination of audit findings or an equivalent
determination by the office of Medicaid policy and planning or by
a contractor of the office of Medicaid policy and planning arising
from a Medicaid postpayment or concurrent audit of a hospital's
Medicaid claims.
(5) A license suspension or revocation under:
(A) IC 24-4.4-2; IC 37-1-3;
(B) IC 24-4.5-3; IC 37-2-4;
(C) IC 28-1-29;
(D) IC 28-7-5;
(E) IC 28-8-4.1;
(F) IC 28-8-5; or
(G) IC 28-8-6.
(6) An order issued by the secretary or the secretary's designee
against providers regulated by the office of the secretary, the
division bureau of better aging or the bureau of disabilities
services and not licensed by the Indiana department of health
under IC 16-27 or IC 16-28.
(b) When an agency issues an order described by subsection (a), the
agency shall give notice to the following persons:
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(1) Each person to whom the order is specifically directed.
(2) Each person to whom a law requires notice to be given.
A person who is entitled to notice under this subsection is not a party
to any proceeding resulting from the grant of a petition for review
under section 7 of this chapter unless the person is designated as a
party in the record of the proceeding.
(c) The notice must include the following:
(1) A brief description of the order.
(2) A brief explanation of the available procedures and the time
limit for seeking administrative review of the order under section
7 of this chapter.
(3) Any other information required by law.
(d) An order described in subsection (a) is effective fifteen (15) days
after the order is served, unless a statute other than this article specifies
a different date or the agency specifies a later date in its order. This
subsection does not preclude an agency from issuing, under
IC 4-21.5-4, an emergency or other temporary order concerning the
subject of an order described in subsection (a).
(e) If a petition for review of an order described in subsection (a) is
filed within the period set by section 7 of this chapter and a petition for
stay of effectiveness of the order is filed by a party or another person
who has a pending petition for intervention in the proceeding, an
administrative law judge shall, as soon as practicable, conduct a
preliminary hearing to determine whether the order should be stayed in
whole or in part. The burden of proof in the preliminary hearing is on
the person seeking the stay. The administrative law judge may stay the
order in whole or in part. The order concerning the stay may be issued
after an order described in subsection (a) becomes effective. The
resulting order concerning the stay shall be served on the parties and
any person who has a pending petition for intervention in the
proceeding. It must include a statement of the facts and law on which
it is based.
SECTION 269. IC 12-7-2-24, AS AMENDED BY SEA 222-2026,
SECTION 12, IS REPEALED [EFFECTIVE JULY 1, 2026]. Sec. 24.
"Bureau" means the following:
(1) For purposes of IC 12-10, the bureau of better aging
established by IC 12-10-1-1.
(2) For purposes of IC 12-11, the bureau of disabilities services
established by IC 12-11-1.1-1.
(3) For purposes of IC 12-12, the rehabilitation services bureau of
the division of disability, aging, and rehabilitative services
established by IC 12-12-1-1.
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SECTION 270. IC 12-7-2-24.8, AS AMENDED BY SEA 222-2026,
SECTION 13, IS REPEALED [EFFECTIVE JULY 1, 2026]. Sec. 24.8.
"Caretaker", for purposes of IC 12-10, has the meaning set forth in
IC 12-10-22-1.
SECTION 271. IC 12-7-2-26.4, AS ADDED BY SEA 222-2026,
SECTION 14, IS REPEALED [EFFECTIVE JULY 1, 2026]. Sec. 26.4.
"Certified peer", for purposes of IC 12-21, means an individual who is
trained and certified by the division of mental health and addiction or
an approved nationally accredited certification body to provide ongoing
support to individuals and families of individuals who are receiving
mental health or substance use recovery supports and services.
SECTION 272. IC 12-7-2-39, AS AMENDED BY SEA 222-2026,
SECTION 15, IS REPEALED [EFFECTIVE JULY 1, 2026]. Sec. 39.
"Community intellectual disability and other developmental disabilities
centers", for purposes of IC 12-29 (except as provided in IC 12-29-3-6),
means a program of services that meets the following conditions:
(1) Is approved by the division of disability, aging, and
rehabilitative services.
(2) Is organized for the purpose of providing multiple services for
persons with developmental disabilities.
(3) Is operated by one (1) of the following or any combination of
the following:
(A) A city, a town, a county, or another political subdivision
of Indiana.
(B) An agency of the state.
(C) An agency of the United States.
(D) A political subdivision of another state.
(E) A hospital owned or operated by a unit of government
described in clauses (A) through (D).
(F) A building authority organized for the purpose of
constructing facilities to be leased to units of government.
(G) A corporation incorporated under IC 23-7-1.1 (before its
repeal August 1, 1991) or IC 23-17.
(H) A nonprofit corporation incorporated in another state.
(I) A university or college.
(4) Is accredited for the services provided by one (1) of the
following organizations:
(A) The Commission on Accreditation of Rehabilitation
Facilities (CARF), or its successor.
(B) The Council on Quality and Leadership in Supports for
People with Disabilities, or its successor.
(C) The Joint Commission on Accreditation of Healthcare
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Organizations (JCAHO), or its successor.
(D) The National Commission on Quality Assurance, or its
successor.
(E) An independent national accreditation organization
approved by the secretary.
SECTION 273. IC 12-7-2-64, AS AMENDED BY SEA 222-2026,
SECTION 16, IS REPEALED [EFFECTIVE JULY 1, 2026]. Sec. 64.
"Director" refers to the following:
(1) With respect to a particular division, the director of the
division.
(2) With respect to a particular state institution, the director who
has administrative control of and responsibility for the state
institution.
(3) For purposes of IC 12-10-15, the term refers to the director of
the bureau of better aging.
(4) For purposes of IC 12-25, the term refers to the director of the
division of mental health and addiction.
(5) For purposes of IC 12-26, the term:
(A) refers to the director who has administrative control of and
responsibility for the appropriate state institution; and
(B) includes the director's designee.
(6) If subdivisions (1) through (5) do not apply, the term refers to
the director of any of the divisions.
SECTION 274. IC 12-7-2-69, AS AMENDED BY SEA 222-2026,
SECTION 17, IS REPEALED [EFFECTIVE JULY 1, 2026]. Sec. 69.
(a) "Division", except as provided in subsections (b), (c), and (d), refers
to any of the following:
(1) The division of disability, aging, and rehabilitative services
established by IC 12-9-1-1.
(2) The division of family resources established by IC 12-13-1-1.
(3) The division of mental health and addiction established by
IC 12-21-1-1.
(b) The term refers to the following:
(1) For purposes of the following statutes, the division of
disability, aging, and rehabilitative services established by
IC 12-9-1-1:
(A) IC 12-9.
(B) IC 12-10.
(C) IC 12-11.
(D) IC 12-12.
(E) IC 12-12.7.
(F) IC 12-28-5.
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(2) For purposes of the following statutes, the division of family
resources established by IC 12-13-1-1:
(A) IC 12-8-12.
(B) IC 12-13.
(C) IC 12-14.
(D) IC 12-15.
(E) IC 12-16.
(F) IC 12-17.
(G) IC 12-17.2.
(H) IC 12-18.
(I) IC 12-19.
(J) IC 12-20.
(3) For purposes of the following statutes, the division of mental
health and addiction established by IC 12-21-1-1:
(A) IC 12-21.
(B) IC 12-22.
(C) IC 12-23.
(D) IC 12-25.
(c) With respect to a particular state institution, the term refers to
the division whose director has administrative control of and
responsibility for the state institution.
(d) For purposes of IC 12-24, IC 12-26, and IC 12-27, the term
refers to the division whose director has administrative control of and
responsibility for the appropriate state institution.
SECTION 275. IC 12-7-2-76.6, AS AMENDED BY SEA 222-2026,
SECTION 18, IS REPEALED [EFFECTIVE JULY 1, 2026]. Sec. 76.6.
(a) "Emergency medical condition", for purposes of IC 12-15-12, has
the meaning set forth in IC 12-15-12-0.3.
(b) "Emergency medical responder", for purposes of IC 12-10-21,
has the meaning set forth in IC 12-10-21-1.
SECTION 276. IC 12-7-2-99, AS AMENDED BY SEA 222-2026,
SECTION 19, IS REPEALED [EFFECTIVE JULY 1, 2026]. Sec. 99.
"A person with a disability" means, for purposes of the following
statutes, an individual who has a physical or mental disability and
meets the program eligibility requirements of the division of disability,
aging, and rehabilitative services:
(1) IC 12-8-1.5-10.
(2) IC 12-12-1.
(3) IC 12-12-6.
SECTION 277. IC 12-7-2-146, AS AMENDED BY SEA 222-2026,
SECTION 20, IS REPEALED [EFFECTIVE JULY 1, 2026]. Sec. 146.
"Program" refers to the following:
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(1) For purposes of IC 12-10-5.7, the meaning set forth in
IC 12-10-5.7-2.
(2) For purposes of IC 12-10-7, the adult guardianship services
program established by IC 12-10-7-5.
(3) For purposes of IC 12-10-10, the meaning set forth in
IC 12-10-10-5.
(4) For purposes of IC 12-10-21, the meaning set forth in
IC 12-10-21-3.
(5) For purposes of IC 12-15-12.7, the meaning set forth in
IC 12-15-12.7-1.
(6) For purposes of IC 12-17.2-2-14.2, the meaning set forth in
IC 12-17.2-2-14.2(a).
(7) For purposes of IC 12-17.6, the meaning set forth in
IC 12-17.6-1-5.
SECTION 278. IC 12-7-2-146.2, AS ADDED BY SEA 222-2026,
SECTION 21, IS REPEALED [EFFECTIVE JULY 1, 2026]. Sec.
146.2. "Program participant", for purposes of IC 12-10-21, has the
meaning set forth in IC 12-10-21-4.
SECTION 279. IC 12-7-2-155.4, AS AMENDED BY SEA
222-2026, SECTION 22, IS REPEALED [EFFECTIVE JULY 1, 2026].
Sec. 155.4. "Qualified provider", means the following:
(1) For purposes of IC 12-15-1-16:
(A) a school based nurse; or
(B) another provider who:
(i) is licensed and in good standing with the Indiana
professional licensing agency; and
(ii) is employed by or contracts with a school corporation
that participates in Medicaid.
(2) For purposes of IC 12-15-4, a provider who:
(A) is enrolled in the Indiana Medicaid program; and
(B) maintains a valid agreement, as prescribed by the office,
to make determinations concerning presumptive eligibility.
SECTION 280. IC 12-7-2-180.1, AS AMENDED BY SEA
222-2026, SECTION 23, IS REPEALED [EFFECTIVE JULY 1, 2026].
Sec. 180.1. "Special needs", for purposes of IC 12-10, has the meaning
set forth in IC 12-10-22-2.
SECTION 281. IC 22-9-1-3, AS AMENDED BY SEA 169-2026,
SECTION 17, AND AS AMENDED BY HEA 1193-2026, SECTION
2, IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 3. As used in this chapter:
(a) "Person" means one (1) or more individuals, partnerships,
associations, organizations, limited liability companies, corporations,
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labor organizations, cooperatives, legal representatives, trustees,
trustees in bankruptcy, receivers, and other organized groups of
persons.
(b) "Commission" means the civil rights commission created under
section 4 of this chapter.
(c) "Director" means the director of the civil rights commission.
(d) "Deputy director" means the deputy director of the civil rights
commission.
(e) "Commission attorney" means the deputy attorney general, such
assistants of the attorney general as may be assigned to the
commission, or such other attorney as may be engaged by the
commission.
(f) "Consent agreement" means a formal agreement entered into in
lieu of adjudication.
(g) "Affirmative action" means those acts that the commission
determines necessary to assure compliance with the Indiana civil rights
law.
(h) "Employer" means the state or any political or civil subdivision
thereof and any person employing six (6) or more persons within the
state, except that the term "employer" does not include:
(1) any nonprofit corporation or association organized exclusively
for fraternal or religious purposes;
(2) any school, educational, or charitable religious institution
owned or conducted by or affiliated with a church or religious
institution; or
(3) any exclusively social club, corporation, or association that is
not organized for profit.
(i) "Employee" means any person employed by another for wages or
salary. However, the term does not include any individual employed:
(1) by the individual's parents, spouse, or child; or
(2) in the domestic service of any person.
(j) "Labor organization" means any organization that exists for the
purpose in whole or in part of collective bargaining or of dealing with
employers concerning grievances, terms, or conditions of employment
or for other mutual aid or protection in relation to employment.
(k) "Employment agency" means any person undertaking with or
without compensation to procure, recruit, refer, or place employees.
(l) "Discriminatory practice" means:
(1) the exclusion of a person from equal opportunities because of
race, religion, color, sex, disability, national origin, ancestry, or
status as a veteran;
(2) a system that excludes persons from equal opportunities
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because of race, religion, color, sex, disability, national origin,
ancestry, or status as a veteran;
(3) the promotion of racial segregation or separation in any
manner, including but not limited to the inducing of or the
attempting to induce for profit any person to sell or rent any
dwelling by representations regarding the entry or prospective
entry in the neighborhood of a person or persons of a particular
race, religion, color, sex, disability, national origin, or ancestry;
(4) a violation of IC 22-9-5 that occurs after July 25, 1992, and is
committed by a covered entity (as defined in IC 22-9-5-4);
(5) the performance of an abortion solely because of the race,
color, sex, disability, national origin, or ancestry of the fetus; or
(6) a violation of any of the following statutes protecting the right
of conscience regarding abortion:
(A) IC 16-34-1-4.
(B) IC 16-34-1-5.
(C) IC 16-34-1-6;
(7) a violation of a person's rights protected under:
(A) Title VI of the federal Civil Rights Act of 1964, as amended
(42 U.S.C. 2000e et seq.);
(B) Title VII of the federal Civil Rights Act of 1964, as
amended (42 U.S.C. 2000e et seq.); or
(C) Title IX of the Education Amendments of 1972 (20 U.S.C.
1681 et seq.); or
(8) an adverse action against a person because the person has
taken action to protect a right enjoyed by:
(A) the person; or
(B) another person;
under this article. As used in this subdivision, "taken action"
includes submitting or filing a charge or complaint with a private
or governmental entity or participating in any proceeding related
to a complaint of a discriminatory practice described under this
subsection.
Every discriminatory practice relating to the acquisition or sale of real
estate, education, public accommodations, employment, or the
extending of credit (as defined in IC 24-4.5-1-301.5) IC 37-2-2-14)
shall be considered unlawful unless it is specifically exempted by this
chapter.
(m) "Public accommodation" means any establishment that caters
or offers its services or facilities or goods to the general public.
(n) "Complainant" means:
(1) any individual charging on the individual's own behalf to have
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been personally aggrieved by a discriminatory practice; or
(2) the director or deputy director of the commission charging that
a discriminatory practice was committed against a person (other
than the director or deputy director) or a class of people, in order
to vindicate the public policy of the state (as defined in section 2
of this chapter).
(o) "Complaint" means any written grievance that is:
(1) sufficiently complete and filed by a complainant with the
commission; or
(2) filed by a complainant as a civil action in the circuit or
superior court having jurisdiction in the county in which the
alleged discriminatory practice occurred.
The original of any complaint filed under subdivision (1) shall be
signed and verified by the complainant.
(p) "Sufficiently complete" refers to a complaint that includes:
(1) the full name and address of the complainant;
(2) the name and address of the respondent against whom the
complaint is made;
(3) the alleged discriminatory practice and a statement of
particulars thereof;
(4) the date or dates and places of the alleged discriminatory
practice and if the alleged discriminatory practice is of a
continuing nature the dates between which continuing acts of
discrimination are alleged to have occurred; and
(5) a statement as to any other action, civil or criminal, instituted
in any other form based upon the same grievance alleged in the
complaint, together with a statement as to the status or disposition
of the other action.
No complaint shall be valid unless filed within one hundred eighty
(180) days from the date of the occurrence of the alleged
discriminatory practice.
(q) "Sex" as it applies to segregation or separation in this chapter
applies to all types of employment, education, public accommodations,
and housing. However:
(1) it shall not be a discriminatory practice to maintain separate
restrooms;
(2) it shall not be an unlawful employment practice for an
employer to hire and employ employees, for an employment
agency to classify or refer for employment any individual, for a
labor organization to classify its membership or to classify or refer
for employment any individual, or for an employer, labor
organization, or joint labor management committee controlling
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apprenticeship or other training or retraining programs to admit
or employ any other individual in any program on the basis of sex
in those certain instances where sex is a bona fide occupational
qualification reasonably necessary to the normal operation of that
particular business or enterprise; and
(3) it shall not be a discriminatory practice for a private or
religious educational institution to continue to maintain and
enforce a policy of admitting students of one (1) sex only.
(r) "Disabled" or "disability" means the physical or mental condition
of a person that constitutes a substantial disability. In reference to
employment under this chapter, "disabled or disability" also means the
physical or mental condition of a person that constitutes a substantial
disability unrelated to the person's ability to engage in a particular
occupation.
(s) "Veteran" means:
(1) a veteran of the armed forces of the United States;
(2) a member of the Indiana National Guard; or
(3) a member of a reserve component.
SECTION 282. IC 13-18-10-2.1, AS AMENDED BY SEA
277-2026, SECTION 161, AND AS AMENDED BY HEA 1355-2026,
SECTION 2, IS CORRECTED AND AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 2.1. (a) The
department:
(1) shall make a determination on an application submitted under
section 2 of this chapter not later than ninety (90) days after the
date the department receives the completed application, including
all required supplemental information, unless the department and
the applicant agree to a longer time; and
(2) may conduct any inquiry or investigation, consistent with the
department's duties under this chapter, the department considers
necessary before making a determination.
(b) If the department fails to make a determination on an application
not later than ninety (90) days after the date the department receives
the completed application, the applicant may request and receive
department shall issue a refund of an approval application fee paid by
the applicant, and the commissioner shall:
(1) continue to review the application;
(2) approve or deny the application as soon as practicable; and
(3) refund the applicant's application fee not later than twenty-five
(25) working business days after the receipt of the applicant's
request.
(c) The commissioner may suspend the processing of an application
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and the ninety (90) day period described under this section if the
department determines within thirty (30) days after the department
receives the application that the application is incomplete and has
mailed a notice of deficiency to the applicant that specifies the parts of
the application that:
(1) do not contain adequate information for the department to
process the application; or
(2) are not consistent with applicable law.
(d) The department may establish requirements in an approval
regarding that part of the confined feeding operation that concerns
manure handling and application to assure compliance with:
(1) this chapter;
(2) rules adopted under this chapter;
(3) the water pollution control laws;
(4) rules adopted under the water pollution control laws; and
(5) policies and statements adopted under IC 13-14-1-11.5
relative to confined feeding operations.
(e) Subject to subsection (f), the commissioner may deny an
application upon making either or both of the following findings:
(1) A responsible party intentionally misrepresented or concealed
any material fact in either or both of the following:
(A) An application for approval under section 1 of this
chapter.
(B) A disclosure statement required by section 1.4 of this
chapter.
(2) An enforcement action was resolved against a responsible
party as described in either or both of the following:
(A) Section 1.4(c)(5) of this chapter.
(B) Section 1.4(c)(6) of this chapter.
(f) Before making a determination to approve or deny an
application, the commissioner must consider the following factors:
(1) The nature and details of the acts attributed to the responsible
party.
(2) The degree of culpability of the responsible party.
(3) The responsible party's cooperation with the state, federal, or
foreign agencies involved in the investigation of the activities
involved in actions referred to in section 1.4(c)(5) and 1.4(c)(6)
of this chapter.
(4) The responsible party's dissociation from any other persons or
entities convicted in a criminal enforcement action referred to in
section 1.4(c)(5) and 1.4(c)(6) of this chapter.
(5) Prior or subsequent self-policing or internal education
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programs established by the responsible party to prevent acts,
omissions, or violations referred to in section 1.4(c)(5) and
1.4(c)(6) of this chapter.
(g) Except as provided in subsection (h), in taking action under
subsection (e), the commissioner must make separately stated findings
of fact to support the action taken. The findings of fact must:
(1) include a statement of ultimate fact; and
(2) be accompanied by a concise statement of the underlying
basic facts of record to support the findings.
(h) If the commissioner denies an application under subsection (e),
the commissioner is not required to explain the extent to which any of
the factors set forth in subsection (f) influenced the denial.
(i) The department may amend an approval under section 1 of this
chapter or revoke an approval under section 1 of this chapter:
(1) for failure to comply with:
(A) this chapter;
(B) rules adopted under this chapter;
(C) the water pollution control laws; or
(D) rules adopted under the water pollution control laws; and
(2) as needed to prevent discharges of manure into the
environment that pollute or threaten to pollute the waters of the
state.
(j) The department may not require changes to the design of a
confined feeding operation if the design:
(1) complies with this chapter; and
(2) is submitted and certified by a professional engineer
registered under IC 25-31-1.
SECTION 283. P.L.18-2026, SECTION 1, IS AMENDED TO
READ AS FOLLOWS [EFFECTIVE JULY 1, 2026]: SECTION 1. (a)
The amendment to the Constitution of the State of Indiana concerning
the residency of a city or town court judge, agreed to by the One
Hundred Twenty-Third General Assembly (P.L.254-2023) and the One
Hundred Twenty-Fourth General Assembly (P.L.244-2025), shall be
submitted to the electors of Indiana at the 2026 general election in the
manner provided for the submission of constitutional amendments
under IC 3.
(b) Under Article 16, Section 1 of the Constitution of the State of
Indiana, which requires the general assembly to submit constitutional
amendments to the electors at the next general election after the general
assembly agrees to the amendment referred to it by the last previously
elected general assembly, and in accordance with IC 3-10-3, the
general assembly prescribes the form in which the public question
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concerning the ratification of this state constitutional amendment must
appear on the 2026 general election ballot as follows:
"Public Question #1 "Public Question #2
Shall the Constitution of the State of Indiana be amended to permit
the judge of a city or town court to reside in: (1) the county in which
the court is located; or (2) the bordering county closest to the city or
town in which the court is located? (This question concerns Article 6,
Section 6 of the Constitution of the State of Indiana.)".
SECTION 284. IC 31-9-2-19.3, AS AMENDED BY HEA
1257-2026, SECTION 2, IS REPEALED [EFFECTIVE JULY 1, 2026].
Sec. 19.3. "Child welfare agency", for purposes of IC 31-25-2-20.4 and
IC 31-33-18-1.6, means:
(1) the department of child services; and
(2) a person (as defined in IC 24-4-14-5) that, directly or
indirectly, provides:
(A) services to a child or family of a child, for which payment
is made, in whole or in part, by the department of child
services or a local office of the department of child services;
(B) services to:
(i) a child who is; or
(ii) a family with;
a child at imminent risk of placement (as defined in
IC 31-26-5-1) who is referred by the department of child
services or a local office of the department of child services to
the person for family support or family preservation services;
or
(C) assistance to or works in cooperation with the department
of child services in the investigations of allegations of possible
child abuse or neglect in accordance with IC 31-33.
SECTION 285. IC 31-9-2-81.7, AS ADDED BY HEA 1257-2026,
SECTION 3, IS REPEALED [EFFECTIVE JULY 1, 2026]. Sec. 81.7.
"Near fatality", for purposes of IC 31-33-18.5, means a severe
childhood injury or condition that is certified by a physician as being
life threatening.
SECTION 286. IC 31-9-2-112.4, AS ADDED BY HEA 1257-2026,
SECTION 4, IS REPEALED [EFFECTIVE JULY 1, 2026]. Sec. 112.4.
(a) "Reunification services" means all services that are provided:
(1) to a parent, guardian, or custodian of a child who is the subject
of a petition alleging that the child is a child in need of services;
and
(2) with the intent of rehabilitating the relationship between the
child and the parent, guardian, or custodian.
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(b) The term includes services such as:
(1) individual, group, and family counseling;
(2) inpatient, residential, or outpatient substance abuse treatment
services;
(3) mental health services;
(4) assistance to address domestic violence;
(5) services designed to provide temporary child care and
therapeutic services for families;
(6) peer-to-peer mentoring and support groups for parents and
primary caregivers;
(7) services and activities designed to facilitate access to and
visitation of children by parents and siblings;
(8) substance abuse treatment and screening; and
(9) transportation to or from any of the services and activities
described in this subsection.
(c) The term does not include services provided to a parent,
guardian, or custodian of a child while the child is residing in a:
(1) child caring institution;
(2) group home; or
(3) private secure facility;
licensed by the department.
SECTION 287. IC 31-9-2-113.6, AS ADDED BY HEA 1257-2026,
SECTION 5, IS REPEALED [EFFECTIVE JULY 1, 2026]. Sec. 113.6.
"Screened out", with regard to a report of known or suspected child
abuse or neglect under IC 31-33, means that the department:
(1) received the report under IC 31-33-7; and
(2) did not refer the report for investigation under IC 31-33-9
based on the department's determination that the report:
(A) lacked sufficient information;
(B) did not contain allegations of child abuse or neglect;
(C) contained duplicative allegations that were previously
assessed by the department; or
(D) did not contain information indicating a current risk to a
child.
SECTION 288. IC 35-33-8-3.4, AS AMENDED BY HEA
1258-2026, SECTION 19, AND AS AMENDED BY SEA 2-2026,
SECTION 5, IS CORRECTED AND AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2027]: Sec. 3.4. (a) This
section applies only to a violent arrestee.
(b) The following definitions apply throughout this section:
(1) "Crime of violence" means an offense:
(A) described in IC 35-50-1-2(a); and
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(B) that is a Level 1, Level 2, Level 3, Level 4, or Level 5
felony.
(2) As used in this section, "violent arrestee" means a person
arrested for or charged with a crime of violence (as defined in
IC 35-31.5-2-79), that is a Level 1 felony, Level 2 felony, Level 3
felony, Level 4 felony, or Level 5 felony.
(c) A violent arrestee may only be released on bail set individually
by the court following a hearing held in open court. Before releasing a
violent arrestee on bail, the court must:
(1) review the probable cause affidavit or arrest warrant; and
(2) impose money bail payable by surety bond or cash deposit.
(2) set an amount for money bail, the full amount which must be
payable by:
(A) surety bond;
(B) cash deposit; or
(C) a combination surety bond and cash deposit.
(d) In accordance with IC 27-10-2-4.5(g)(2), a charitable bail
organization may not pay money bail imposed under this section on
behalf of a violent arrestee.
SECTION 289. IC 35-50-1-2, AS AMENDED BY HEA 1258-2026,
SECTION 25, AND AS AMENDED BY HEA 1303-2026, SECTION
35, IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 2. (a) As used in this section,
"crime of violence" means the following: has the meaning set forth in
IC 35-31.5-2-79.
(1) Murder (IC 35-42-1-1).
(2) Attempted murder (IC 35-41-5-1).
(3) Voluntary manslaughter (IC 35-42-1-3).
(4) Involuntary manslaughter (IC 35-42-1-4).
(5) Reckless homicide (IC 35-42-1-5).
(6) Battery (IC 35-42-2-1) as a:
(A) Level 2 felony;
(B) Level 3 felony;
(C) Level 4 felony; or
(D) Level 5 felony.
(7) Domestic battery (IC 35-42-2-1.3) as a:
(A) Level 2 felony;
(B) Level 3 felony;
(C) Level 4 felony; or
(D) Level 5 felony.
(8) Aggravated battery (IC 35-42-2-1.5).
(9) Kidnapping (IC 35-42-3-2).
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(10) Rape (IC 35-42-4-1).
(11) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).
(12) Child molesting (IC 35-42-4-3).
(13) Sexual misconduct with a minor as a Level 1 felony under
IC 35-42-4-9(a)(2) or a Level 2 felony under IC 35-42-4-9(b)(2).
(14) Robbery as a Level 2 felony or a Level 3 felony (IC
35-42-5-1).
(15) Burglary as a Level 1 felony, Level 2 felony, Level 3 felony,
or Level 4 felony (IC 35-43-2-1).
(16) Operating a vehicle while intoxicated causing death or
catastrophic injury (IC 9-30-5-5).
(17) Operating a vehicle while intoxicated causing serious bodily
injury to another person (IC 9-30-5-4).
(18) Child exploitation (IC 35-42-4-4). as a Level 5 felony under
IC 35-42-4-4(b) or a Level 4 felony under IC 35-42-4-4(c).
(19) Resisting law enforcement as a felony (IC 35-44.1-3-1).
(20) Unlawful possession of a firearm by a serious violent felon
(IC 35-47-4-5).
(21) Strangulation (IC 35-42-2-9) as a Level 5 felony.
(22) A child sexual abuse material offense (IC 35-42-4-4.5).
(b) As used in this section, "episode of criminal conduct" means
offenses or a connected series of offenses that are closely related in
time, place, and circumstance.
(c) Except as provided in subsection (e) or (f) the court shall
determine whether terms of imprisonment shall be served concurrently
or consecutively. The court may consider the:
(1) aggravating circumstances in IC 35-38-1-7.1(a); and
(2) mitigating circumstances in IC 35-38-1-7.1(b);
in making a determination under this subsection. The court may order
terms of imprisonment to be served consecutively even if the sentences
are not imposed at the same time. However, except for crimes of
violence, the total of the consecutive terms of imprisonment, exclusive
of terms of imprisonment under IC 35-50-2-8 and IC 35-50-2-10
(before its repeal) to which the defendant is sentenced for felony or
misdemeanor convictions arising out of an episode of criminal conduct
shall not exceed the period described in subsection (d).
(d) Except as provided in subsection (c), the total of the consecutive
terms of imprisonment to which the defendant is sentenced for
convictions arising out of an episode of criminal conduct may not
exceed the following:
(1) If the most serious crime for which the defendant is sentenced
is a Class C misdemeanor, the total of the consecutive terms of
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imprisonment may not exceed one (1) year.
(2) If the most serious crime for which the defendant is sentenced
is a Class B misdemeanor, the total of the consecutive terms of
imprisonment may not exceed two (2) years.
(3) If the most serious crime for which the defendant is sentenced
is a Class A misdemeanor, the total of the consecutive terms of
imprisonment may not exceed three (3) years.
(4) If the most serious crime for which the defendant is sentenced
is a Level 6 felony, the total of the consecutive terms of
imprisonment may not exceed four (4) years.
(5) If the most serious crime for which the defendant is sentenced
is a Level 5 felony, the total of the consecutive terms of
imprisonment may not exceed seven (7) years.
(6) If the most serious crime for which the defendant is sentenced
is a Level 4 felony, the total of the consecutive terms of
imprisonment may not exceed fifteen (15) years.
(7) If the most serious crime for which the defendant is sentenced
is a Level 3 felony, the total of the consecutive terms of
imprisonment may not exceed twenty (20) years.
(8) If the most serious crime for which the defendant is sentenced
is a Level 2 felony, the total of the consecutive terms of
imprisonment may not exceed thirty-two (32) years.
(9) If the most serious crime for which the defendant is sentenced
is a Level 1 felony, the total of the consecutive terms of
imprisonment may not exceed forty-two (42) years.
(e) If, after being arrested for one (1) crime, a person commits
another crime:
(1) before the date the person is discharged from probation,
parole, or a term of imprisonment imposed for the first crime; or
(2) while the person is released:
(A) upon the person's own recognizance; or
(B) on bond;
the terms of imprisonment for the crimes shall be served consecutively,
regardless of the order in which the crimes are tried and sentences are
imposed.
(f) If the factfinder determines under IC 35-50-2-11 that a person
used a firearm in the commission of the offense for which the person
was convicted, the term of imprisonment for the underlying offense and
the additional term of imprisonment imposed under IC 35-50-2-11
must be served consecutively.
SECTION 290. IC 35-31.5-2-79, AS AMENDED BY HEA
1258-2026, SECTION 17, IS AMENDED TO READ AS FOLLOWS
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[EFFECTIVE JULY 1, 2026]: Sec. 79. "Crime of violence", means the
following:
(1) Murder (IC 35-42-1-1).
(2) Attempted murder (IC 35-41-5-1).
(3) Voluntary manslaughter (IC 35-42-1-3).
(4) Involuntary manslaughter (IC 35-42-1-4).
(5) Reckless homicide (IC 35-42-1-5).
(6) Battery (IC 35-42-2-1) as a felony.
(7) Domestic battery (IC 35-42-2-1.3) as a felony.
(8) Aggravated battery (IC 35-42-2-1.5).
(9) Strangulation (IC 35-42-2-9) as a Level 5 felony.
(10) Kidnapping (IC 35-42-3-2).
(11) Rape (IC 35-42-4-1).
(12) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).
(13) Child molesting (IC 35-42-4-3).
(14) Child exploitation (IC 35-42-4-4). as a Level 5 felony under
IC 35-42-4-4(b) or a Level 4 felony under IC 35-42-4-4(c).
(15) A child sexual abuse material offense (IC 35-42-4-4.5).
(15) (16) Sexual misconduct with a minor as a:
(A) Class A felony under IC 35-42-4-9(a)(2) (for a crime
committed before July 1, 2014);
(B) Class B felony under IC 35-42-4-9(b)(2) (for a crime
committed before July 1, 2014);
(C) Level 1 felony under IC 35-42-4-9(a)(2) (for a crime
committed after June 30, 2014); or
(D) Level 2 felony under IC 35-42-4-9(b)(2) (for a crime
committed after June 30, 2014).
(16) (17) Robbery as a:
(A) Class A felony or Class B felony under IC 35-42-5-1 (for
a crime committed before July 1, 2014); or
(B) Level 2 felony or Level 3 felony under IC 35-42-5-1 (for
a crime committed after June 30, 2014).
(17) (18) Arson as a:
(A) Class A felony or Class B felony under IC 35-43-1-1 (for
a crime committed before July 1, 2014); or
(B) Level 2 felony, Level 3 felony, or Level 4 felony under
IC 35-43-1-1 (for a crime committed after June 30, 2014).
(18) (19) Burglary as a:
(A) Class A felony or Class B felony under IC 35-43-2-1 (for
a crime committed before July 1, 2014); or
(B) Level 1 felony, Level 2 felony, Level 3 felony, or Level 4
felony under IC 35-43-2-1 (for a crime committed after June
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30, 2014).
(19) (20) Escape (IC 35-44.1-3-4) as a Level 5 or higher felony.
(20) (21) Criminal stalking (IC 35-45-10-5) as a Level 5 or higher
felony.
(21) (22) Offenses relating to regulated explosives (IC 35-47.5-5).
(22) (23) Operating a vehicle while intoxicated causing death or
catastrophic injury (IC 9-30-5-5).
(23) (24) Operating a vehicle while intoxicated causing serious
bodily injury to another person (IC 9-30-5-4).
(24) (25) Resisting law enforcement as a felony (IC 35-44.1-3-1).
(25) (26) Unlawful possession of a firearm by a serious violent
felon (IC 35-47-4-5).
(26) (27) Dangerous possession of a firearm (IC 35-47-10-5), if:
(A) the child has at least two (2) unrelated prior convictions
under IC 35-47-10-5 or IC 35-47-2-1.5 (unlawful carrying of
a handgun);
(B) the child has at least two (2) unrelated prior delinquency
adjudications for an act that would be an offense under
IC 35-47-10-5 or IC 35-47-2-1.5 (unlawful carrying of a
handgun); or
(C) the child has at least one (1) unrelated prior:
(i) conviction under IC 35-47-10-5 or IC 35-47-2-1.5
(unlawful carrying of a handgun); and
(ii) delinquency adjudication for an act that would be an
offense under IC 35-47-10-5 or IC 35-47-2-1.5 (unlawful
carrying of a handgun).
(27) (28) Unlawful carrying of a handgun (IC 35-47-2-1.5), if:
(A) the person has two (2) unrelated prior convictions under
IC 35-47-2-1.5 or IC 35-47-10-5 (dangerous possession of a
firearm);
(B) the person has at least two (2) unrelated prior delinquency
adjudications for an act that would be an offense under
IC 35-47-2-1.5 or IC 35-47-10-5 (dangerous possession of a
firearm); or
(C) the person has at least one (1) unrelated prior:
(i) conviction under IC 35-47-2-1.5 or IC 35-47-10-5
(dangerous possession of a firearm); and
(ii) delinquency adjudication for an act that would be an
offense under IC 35-47-2-1.5 or IC 35-47-10-5 (dangerous
possession of a firearm).
SECTION 291. IC 11-12-2-2, AS AMENDED BY HEA 1033-2026,
SECTION 1, AND AS AMENDED BY HEA 1161-2026, SECTION
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3, IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 2. (a) To qualify for financial aid
under this chapter, a county must establish a community corrections
advisory board by resolution of the county executive or, in a county
having a consolidated city, by the city-county council. A community
corrections advisory board consists of:
(1) the county sheriff or the sheriff's designee;
(2) the prosecuting attorney or the prosecuting attorney's
designee;
(3) the executive of the most populous municipality in the county
or the executive's designee;
(4) in a county:
(A) without a consolidated city, two (2) judges having criminal
jurisdiction, if available, appointed by the circuit court judge
or the judges' designees; or
(B) with a consolidated city, one (1) of the judges must be the
chief judge selected under IC 33-33-49-14.1(c) and the other
judge shall be appointed by the chief judge;
(5) in a county:
(A) without a consolidated city, one (1) judge having juvenile
jurisdiction, appointed by the circuit court judge; or
(B) with a consolidated city, one (1) judge having juvenile
jurisdiction, appointed by the chief judge selected under
IC 33-33-49-14.1(c);
(6) one (1) public defender or the public defender's designee, if
available, or one (1) attorney with a substantial criminal defense
practice appointed by the county executive or, in a county having
a consolidated city, by the city-county council;
(7) one (1) victim, or victim advocate if available, appointed by
the county executive or, in a county having a consolidated city, by
the city-county council;
(8) one (1) ex-offender, if available, appointed by the county
executive or, in a county having a consolidated city, by the
city-county council;
(9) the director of the local office of the department of child
services or the director's designee;
(10) in a county:
(A) without a consolidated city, a representative from a
juvenile correctional facility or juvenile detention center in the
county, but if no facility exists, one (1) mental health
representative chosen by the judge described in subdivision
(5); or
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(B) with a consolidated city, a mental health representative,
which could include a representative from a juvenile
correctional facility or juvenile detention center in the county,
appointed by the chief judge selected under
IC 33-33-49-14.1(c);
(11) a representative from the Juvenile Detention Alternatives
Initiative, but if no program exists, a representative from the court
appointed special advocate program in the county or guardian ad
litem program in the county; and
(12) the following members appointed by the county executive or,
in a county having a consolidated city, by the city-county council:
(A) One (1) member of the county fiscal body or the member's
designee.
(B) One (1) probation officer.
(C) One (1) juvenile probation officer.
(D) One (1) educational administrator.
(E) One (1) representative of a private correctional agency, if
such an agency exists in the county.
(F) One (1) mental health administrator, or, if there is none
available in the county, one (1) psychiatrist, psychologist, or
physician.
(G) Four (4) lay persons, at least one (1) of whom must be a
member of a minority race if a racial minority resides in the
county and a member of that minority is willing to serve.
(b) Designees of officials designated under subsection (a)(1)
through (a)(6), (a)(9), and (a)(12)(A) serve at the pleasure of the
designating official.
(c) This subsection only applies to an advisory board appointed by
the county executive in a county not having a consolidated city. An
individual who is appointed a member of the advisory board serves at
the pleasure of the county executive as long as the county executive
retains all of the same members who served on the body when the
individual was appointed.
(c) (d) Members of the advisory board appointed by the county
executive or, in a county having a consolidated city, by the city-county
council, shall be appointed for a term of four (4) years. The criminal
defense attorney, the ex-offender, and the victim or victim advocate
shall be appointed for a term of four (4) years. Other members serve
only while holding the office or position held at the time of
appointment. The In a county that does not have a consolidated city,
the circuit court judge may fill the position of the judge having juvenile
court jurisdiction by self appointment if the circuit court judge is
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otherwise qualified. A vacancy occurring before the expiration of the
term of office shall be filled in the same manner as original
appointments for the unexpired term. Members may be reappointed.
(d) (e) Two (2) or more counties, by resolution of their county
executives or, in a county having a consolidated city, by the city-county
council, may combine to apply for financial aid under this chapter. If
counties so combine, the counties may establish one (1) community
corrections advisory board to serve these counties. This board must
contain the representation prescribed in subsection (a), but the
members may come from the participating counties as determined by
agreement of the county executives or, in a county having a
consolidated city, by the city-county council.
(e) (f) The members of the community corrections advisory board
shall, within thirty (30) days after the last initial appointment is made,
meet and elect one (1) member as chairman and another as vice
chairman and appoint a secretary-treasurer who need not be a member.
A majority of the members of a community corrections advisory board
may provide for a number of members that is:
(1) less than a majority of the members; and
(2) at least six (6);
to constitute a quorum for purposes of transacting business. The
affirmative votes of at least five (5) members, but not less than a
majority of the members present, are required for the board to take
action. A vacancy in the membership does not impair the right of a
quorum to transact business.
(f) (g) The county executive and county fiscal body shall provide
necessary assistance and appropriations to the community corrections
advisory board established for that county. Appropriations required
under this subsection are limited to amounts received from the
following sources:
(1) Department grants.
(2) User fees.
(3) Other funds as contained within an approved plan.
Additional funds may be appropriated as determined by the county
executive and county fiscal body.
SECTION 292. IC 31-9-2-133.1, AS AMENDED BY HEA
1303-2026, SECTION 14, IS REPEALED [EFFECTIVE JULY 1,
2026]. Sec. 133.1. "Victim of human or sexual trafficking", for
purposes of IC 31-34-1-3.5, refers to a child who is recruited, harbored,
transported, or engaged in:
(1) forced labor;
(2) involuntary servitude;
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(3) prostitution;
(4) juvenile prostitution, as defined in IC 35-31.5-2-178.5;
(5) child exploitation under IC 35-42-4-4;
(6) marriage, unless authorized by a court under IC 31-11-1-7;
(7) trafficking for the purpose of prostitution, juvenile
prostitution, or participation in sexual conduct as defined in
IC 35-42-4-4(a); or
(8) human trafficking as defined in IC 35-42-3.5-0.5.
SECTION 293. IC 35-38-1-7.1, AS AMENDED BY SEA 160-2026,
SECTION 3, AND AS AMENDED BY 1165-2026, SECTION 4, AND
AS AMENDED BY HEA 1258-2026, SECTION 20, IS CORRECTED
AND AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2026]: Sec. 7.1. (a) In determining what sentence to impose for a crime,
the court may consider the following aggravating circumstances:
(1) The harm, injury, loss, or damage suffered by the victim of an
offense was:
(A) significant; and
(B) greater than the elements necessary to prove the
commission of the offense.
(2) The person has a history of criminal or delinquent behavior.
(3) The victim of the offense was less than twelve (12) years of
age or at least sixty-five (65) years of age at the time the person
committed the offense.
(4) The person:
(A) committed a crime of violence (IC 35-50-1-2); (IC
35-31.5-2-79); and
(B) knowingly committed the offense in the presence or within
hearing of an individual who:
(i) was less than eighteen (18) years of age at the time the
person committed the offense; and
(ii) is not the victim of the offense.
(5) The person violated a protective order issued against the
person under IC 34-26-5 (or IC 31-1-11.5, IC 34-26-2, or
IC 34-4-5.1 before their repeal), a workplace violence restraining
order issued against the person under IC 34-26-6, or a no contact
order issued against the person.
(6) The person has recently violated the conditions of any
probation, parole, pardon, community corrections placement, or
pretrial release granted to the person.
(7) The victim of the offense was:
(A) a person with a disability (as defined in IC 27-7-6-12), and
the defendant knew or should have known that the victim was
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a person with a disability; or
(B) mentally or physically infirm.
(8) The person was in a position having care, custody, or control
of the victim of the offense.
(9) The injury to or death of the victim of the offense was the
result of shaken baby syndrome (as defined in IC 16-41-40-2) or
abusive head trauma.
(10) The person threatened to harm the victim of the offense or a
witness if the victim or witness told anyone about the offense.
(11) The person:
(A) committed trafficking with an inmate under
IC 35-44.1-3-5; and
(B) is an employee of the penal facility.
(12) The person committed the offense with bias due to the
victim's or the group's real or perceived characteristic, trait, belief,
practice, association, or other attribute the court chooses to
consider, including but not limited to an attribute described in
IC 10-13-3-1.
(13) The person is or has been an alien (as defined by 8 U.S.C.
1101(a)) unlawfully present in the United States. A determination
by the United States Department of Homeland Security that an
alien has come to, entered, or remained in the United States in
violation of law is evidence that the alien is or has been
unlawfully present in the United States.
(14) The offense involved dealing in a controlled substance under
IC 35-48-4 and the person distributed the controlled substance to
at least three (3) different individuals in a one hundred eighty
(180) day period.
(15) The person committed the offense while wearing a mask.
(15) (16) The offense resulted in the:
(A) death; or
(B) permanent loss or impairment of the function of a bodily
member or organ;
of an animal.
(b) The court may consider the following factors as mitigating
circumstances or as favoring suspending the sentence and imposing
probation:
(1) The crime neither caused nor threatened serious harm to
persons or property, or the person did not contemplate that it
would do so.
(2) The crime was the result of circumstances unlikely to recur.
(3) The victim of the crime induced or facilitated the offense.
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(4) There are substantial grounds tending to excuse or justify the
crime, though failing to establish a defense.
(5) The person acted under strong provocation.
(6) The person has no history of delinquency or criminal activity,
or the person has led a law-abiding life for a substantial period
before commission of the crime.
(7) The person is likely to respond affirmatively to probation or
short term imprisonment.
(8) The character and attitudes of the person indicate that the
person is unlikely to commit another crime.
(9) The person has made or will make restitution to the victim of
the crime for the injury, damage, or loss sustained.
(10) Imprisonment of the person will result in undue hardship to
the person or the dependents of the person.
(11) The person was convicted of a crime involving the use of
force against a person who had repeatedly inflicted physical or
sexual abuse upon the convicted person and evidence shows that
the convicted person suffered from the effects of battery as a
result of the past course of conduct of the individual who is the
victim of the crime for which the person was convicted.
(12) The person was convicted of a crime relating to a controlled
substance and the person's arrest or prosecution was facilitated in
part because the person:
(A) requested emergency medical assistance; or
(B) acted in concert with another person who requested
emergency medical assistance;
for an individual who reasonably appeared to be in need of
medical assistance due to the use of alcohol or a controlled
substance.
(13) The person has posttraumatic stress disorder, traumatic brain
injury, or a postconcussive brain injury.
(14) The person is a person described in IC 31-30-1-4(d) who
committed the offense while the person was a child but is now at
least twenty-one (21) years of age.
(15) The offense involved a controlled substance under
IC 35-48-4 and the person:
(A) sought treatment:
(i) in the three hundred sixty-five (365) day period
preceding the date of the commission of the offense; or
(ii) on or after the date on which the person committed the
offense, but before sentencing; and
(B) successfully completed treatment:
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(i) in the three hundred sixty-five (365) day period
preceding the date of the commission of the offense; or
(ii) on or after the date on which the person committed the
offense, but before sentencing.
(c) The criteria listed in subsections (a) and (b) do not limit the
matters that the court may consider in determining the sentence.
(d) A court may impose any sentence that is:
(1) authorized by statute; and
(2) permissible under the Constitution of the State of Indiana;
regardless of the presence or absence of aggravating circumstances or
mitigating circumstances.
(e) If a court suspends a sentence and orders probation for a person
described in subsection (b)(13), the court may require the person to
receive treatment for the person's injuries.
SECTION 294. IC 24-5-0.5-3, AS AMENDED BY HEA
1116-2026, SECTION 1, AND AS AMENDED BY SEA 169-2026,
SECTION 27, AND AS AMENDED BY HEA 1273-2026, SECTION
3, IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 3. (a) A supplier may not commit
an unfair, abusive, or deceptive act, omission, or practice in connection
with a consumer transaction. Such an act, omission, or practice by a
supplier is a violation of this chapter whether it occurs before, during,
or after the transaction. An act, omission, or practice prohibited by this
section includes both implicit and explicit misrepresentations.
(b) Without limiting the scope of subsection (a), the following acts,
and the following representations as to the subject matter of a
consumer transaction, made orally, in writing, or by electronic
communication, by a supplier, are deceptive acts:
(1) That such subject of a consumer transaction has sponsorship,
approval, performance, characteristics, accessories, uses, or
benefits it does not have which the supplier knows or should
reasonably know it does not have.
(2) That such subject of a consumer transaction is of a particular
standard, quality, grade, style, or model, if it is not and if the
supplier knows or should reasonably know that it is not.
(3) That such subject of a consumer transaction is new or unused,
if it is not and if the supplier knows or should reasonably know
that it is not.
(4) That such subject of a consumer transaction will be supplied
to the public in greater quantity than the supplier intends or
reasonably expects.
(5) That replacement or repair constituting the subject of a
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consumer transaction is needed, if it is not and if the supplier
knows or should reasonably know that it is not.
(6) That a specific price advantage exists as to such subject of a
consumer transaction, if it does not and if the supplier knows or
should reasonably know that it does not.
(7) That the supplier has a sponsorship, approval, or affiliation in
such consumer transaction the supplier does not have, and which
the supplier knows or should reasonably know that the supplier
does not have.
(8) That such consumer transaction involves or does not involve
a warranty, a disclaimer of warranties, or other rights, remedies,
or obligations, if the representation is false and if the supplier
knows or should reasonably know that the representation is false.
(9) That the consumer will receive a rebate, discount, or other
benefit as an inducement for entering into a sale or lease in return
for giving the supplier the names of prospective consumers or
otherwise helping the supplier to enter into other consumer
transactions, if earning the benefit, rebate, or discount is
contingent upon the occurrence of an event subsequent to the time
the consumer agrees to the purchase or lease.
(10) That the supplier is able to deliver or complete the subject of
the consumer transaction within a stated period of time, when the
supplier knows or should reasonably know the supplier could not.
If no time period has been stated by the supplier, there is a
presumption that the supplier has represented that the supplier
will deliver or complete the subject of the consumer transaction
within a reasonable time, according to the course of dealing or the
usage of the trade.
(11) That the consumer will be able to purchase the subject of the
consumer transaction as advertised by the supplier, if the supplier
does not intend to sell it.
(12) That the replacement or repair constituting the subject of a
consumer transaction can be made by the supplier for the estimate
the supplier gives a customer for the replacement or repair, if the
specified work is completed and:
(A) the cost exceeds the estimate by an amount equal to or
greater than ten percent (10%) of the estimate;
(B) the supplier did not obtain written permission from the
customer to authorize the supplier to complete the work even
if the cost would exceed the amounts specified in clause (A);
(C) the total cost for services and parts for a single transaction
is more than seven hundred fifty dollars ($750); and
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(D) the supplier knew or reasonably should have known that
the cost would exceed the estimate in the amounts specified in
clause (A).
(13) That the replacement or repair constituting the subject of a
consumer transaction is needed, and that the supplier disposes of
the part repaired or replaced earlier than seventy-two (72) hours
after both:
(A) the customer has been notified that the work has been
completed; and
(B) the part repaired or replaced has been made available for
examination upon the request of the customer.
(14) Engaging in the replacement or repair of the subject of a
consumer transaction if the consumer has not authorized the
replacement or repair, and if the supplier knows or should
reasonably know that it is not authorized.
(15) The act of misrepresenting the geographic location of the
supplier by listing an alternate business name or an assumed
business name (as described in IC 23-0.5-3-4) in a local telephone
directory if:
(A) the name misrepresents the supplier's geographic location;
(B) the listing fails to identify the locality and state of the
supplier's business;
(C) calls to the local telephone number are routinely forwarded
or otherwise transferred to a supplier's business location that
is outside the calling area covered by the local telephone
directory; and
(D) the supplier's business location is located in a county that
is not contiguous to a county in the calling area covered by the
local telephone directory.
(16) The act of listing an alternate business name or assumed
business name (as described in IC 23-0.5-3-4) in a directory
assistance data base if:
(A) the name misrepresents the supplier's geographic location;
(B) calls to the local telephone number are routinely forwarded
or otherwise transferred to a supplier's business location that
is outside the local calling area; and
(C) the supplier's business location is located in a county that
is not contiguous to a county in the local calling area.
(17) The violation by a supplier of IC 24-3-4 concerning
cigarettes for import or export.
(18) The act of a supplier in knowingly selling or reselling a
product to a consumer if the product has been recalled, whether
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by the order of a court or a regulatory body, or voluntarily by the
manufacturer, distributor, or retailer, unless the product has been
repaired or modified to correct the defect that was the subject of
the recall.
(19) The violation by a supplier of 47 U.S.C. 227, including any
rules or regulations issued under 47 U.S.C. 227.
(20) The violation by a supplier of the federal Fair Debt
Collection Practices Act (15 U.S.C. 1692 et seq.), including any
rules or regulations issued under the federal Fair Debt Collection
Practices Act (15 U.S.C. 1692 et seq.).
(21) A violation of IC 24-5-7 (concerning health spa services), as
set forth in IC 24-5-7-17.
(22) A violation of IC 24-5-8 (concerning business opportunity
transactions), as set forth in IC 24-5-8-20.
(23) A violation of IC 24-5-10 (concerning home consumer
transactions), as set forth in IC 24-5-10-18.
(24) A violation of IC 24-5-11 (concerning real property
improvement contracts), as set forth in IC 24-5-11-14.
(25) A violation of IC 24-5-12 (concerning telephone
solicitations), as set forth in IC 24-5-12-23.
(26) A violation of IC 24-5-13.5 (concerning buyback motor
vehicles), as set forth in IC 24-5-13.5-14.
(27) A violation of IC 24-5-14 (concerning automatic
dialing-announcing devices), as set forth in IC 24-5-14-13.
(28) A violation of IC 24-5-15 (concerning credit services
organizations), as set forth in IC 24-5-15-11.
(29) A violation of IC 24-5-16 (concerning unlawful motor
vehicle subleasing), as set forth in IC 24-5-16-18.
(30) A violation of IC 24-5-17 (concerning environmental
marketing claims), as set forth in IC 24-5-17-14.
(31) A violation of IC 24-5-19 (concerning deceptive commercial
solicitation), as set forth in IC 24-5-19-11.
(32) A violation of IC 24-5-21 (concerning prescription drug
discount cards), as set forth in IC 24-5-21-7.
(33) A violation of IC 24-5-23.5-7 (concerning real estate
appraisals), as set forth in IC 24-5-23.5-9.
(34) A violation of IC 24-5-26 (concerning identity theft), as set
forth in IC 24-5-26-3.
(35) A violation of IC 24-5.5 IC 37-4 (concerning mortgage
rescue fraud), as set forth in IC 24-5.5-6-1. IC 37-4-5-1.
(36) A violation of IC 24-8 (concerning promotional gifts and
contests), as set forth in IC 24-8-6-3.
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(37) A violation of IC 21-18.5-6 (concerning representations
made by a postsecondary credit bearing proprietary educational
institution), as set forth in IC 21-18.5-6-22.5.
(38) A violation of IC 24-5-15.5 (concerning collection actions of
a plaintiff debt buyer), as set forth in IC 24-5-15.5-6.
(39) A violation of IC 24-14 (concerning towing services), as set
forth in IC 24-14-10-1.
(40) A violation of IC 24-5-14.5 (concerning misleading or
inaccurate caller identification information), as set forth in
IC 24-5-14.5-12.
(41) A violation of IC 24-5-27 (concerning intrastate inmate
calling services), as set forth in IC 24-5-27-27.
(42) A violation of IC 15-21 (concerning sales of dogs by retail
pet stores), as set forth in IC 15-21-7-4.
(43) A violation of IC 24-4-23 (concerning the security of
information collected and transmitted by an adult oriented website
operator), as set forth in IC 24-4-23-14.
(44) A violation of IC 28-8-7 (concerning virtual currency
kiosks), as set forth in IC 28-8-7-9.
(44) (45) A violation of IC 24-4-27.5 (concerning proxy
advisors), as set forth in IC 24-4-27.5-12.
(c) Any representations on or within a product or its packaging or
in advertising or promotional materials which would constitute a
deceptive act shall be the deceptive act both of the supplier who places
such representation thereon or therein, or who authored such materials,
and such other suppliers who shall state orally or in writing that such
representation is true if such other supplier shall know or have reason
to know that such representation was false.
(d) If a supplier shows by a preponderance of the evidence that an
act resulted from a bona fide error notwithstanding the maintenance of
procedures reasonably adopted to avoid the error, such act shall not be
deceptive within the meaning of this chapter.
(e) It shall be a defense to any action brought under this chapter that
the representation constituting an alleged deceptive act was one made
in good faith by the supplier without knowledge of its falsity and in
reliance upon the oral or written representations of the manufacturer,
the person from whom the supplier acquired the product, any testing
organization, or any other person provided that the source thereof is
disclosed to the consumer.
(f) For purposes of subsection (b)(12), a supplier that provides
estimates before performing repair or replacement work for a customer
shall give the customer a written estimate itemizing as closely as
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possible the price for labor and parts necessary for the specific job
before commencing the work.
(g) For purposes of subsection (b)(15) and (b)(16), a telephone
company or other provider of a telephone directory or directory
assistance service or its officer or agent is immune from liability for
publishing the listing of an alternate business name or assumed
business name of a supplier in its directory or directory assistance data
base unless the telephone company or other provider of a telephone
directory or directory assistance service is the same person as the
supplier who has committed the deceptive act.
(h) For purposes of subsection (b)(18), it is an affirmative defense
to any action brought under this chapter that the product has been
altered by a person other than the defendant to render the product
completely incapable of serving its original purpose.
SECTION 295. IC 12-7-2-96, AS AMENDED BY SEA 285-2026,
SECTION 3, IS REPEALED [EFFECTIVE JULY 1, 2026]. Sec. 96.
"Gravely disabled", for purposes of IC 12-26, means a condition in
which an individual, as a result of mental illness, is in danger of
coming to harm because the individual:
(1) is unable to provide for that individual's food, clothing,
shelter, or other essential human needs;
(2) has a substantial impairment or an obvious deterioration of
that individual's judgment, reasoning, or behavior that results in
the individual's inability to function independently; or
(3) lacks a fixed, regular, and adequate shelter, resulting in the
individual remaining outdoors in places not designed for or
ordinarily used for sleeping during weather conditions that are
likely to result in death or serious physical injury, if:
(A) the individual has refused transportation to a shelter or
mental health service provider; and
(B) a shelter or mental health service provider was reasonably
offered and available.
SECTION 296. IC 35-31.5-2-300, AS AMENDED BY SEA
119-2026, SECTION 2, AND AS AMENDED BY HEA 1303-2026,
SECTION 22, IS CORRECTED AND AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 300. (a) "Sexual
conduct", for purposes of IC 35-42-3.5-0.5, and IC 35-42-4-4, and
IC 35-42-4-13, has the meaning set forth in IC 35-42-4-4(a).
IC 35-42-4-4.
(b) "Sexual conduct", for purposes of IC 35-49, has the meaning set
forth in IC 35-49-1-9.
SECTION 297. IC 35-42-4-14, AS AMENDED BY SEA 119-2026,
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SECTION 5, AND AS AMENDED BY HEA 1303-2026, SECTION
33, IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 14. (a) As used in this section,
"serious sex offender" means a person required to register as a sex
offender under IC 11-8-8 who is:
(1) found to be a sexually violent predator under IC 35-38-1-7.5;
or
(2) convicted of one (1) or more of the following offenses:
(A) Child molesting (IC 35-42-4-3).
(B) Child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c)).
(IC 35-42-4-4).
(C) Possession of child sex abuse material (IC 35-42-4-4(d) or
IC 35-42-4-4(e)) (before July 1, 2026), or a child sex abuse
material offense under IC 35-42-4-4.5 (after June 30, 2026).
(D) Vicarious sexual gratification (IC 35-42-4-5(a) and
IC 35-42-4-5(b)).
(E) Performing sexual conduct in the presence of a minor (IC
35-42-4-5(c)).
(F) Child solicitation (IC 35-42-4-6).
(G) Child seduction (IC 35-42-4-7).
(H) Sexual misconduct with a minor (IC 35-42-4-9).
(b) A serious sex offender who knowingly or intentionally enters:
(1) school property; or
(2) a:
(A) facility; or
(B) location holding an event;
that provides entertainment or programming primarily directed
toward a child less than eighteen (18) years of age;
commits unlawful entry by a serious sex offender, a Level 6 felony.
(c) It is a defense to a prosecution under subsection (b) that:
(1) a religious institution or house of worship is located on the
school property; and
(2) the person:
(A) enters the school property or other entity described in
IC 35-31.5-2-285(1)(A) through IC 35-31.5-2-285(1)(D) when
classes, extracurricular activities, or any other school activities
are not being held:
(i) for the sole purpose of attending worship services or
receiving religious instruction; and
(ii) not earlier than thirty (30) minutes before the beginning
of the worship services or religious instruction; and
(B) leaves the school property not later than thirty (30)
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minutes after the conclusion of the worship services or
religious instruction.
SECTION 298. IC 21-22-6-3, AS AMENDED BY SEA 254-2026,
SECTION 4, AND AS AMENDED BY HEA 1408-2026, SECTION
3, IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 3. The campus board consists of at
least seven (7) members, including the respective regional
representative of the state board of trustees appointed under
IC 21-22-3-3, who serves as a nonvoting member, and at least five (5)
members who are representative of the manufacturing, commercial,
agricultural, labor, and educational groups the knowledge or
experience areas described in IC 21-22-3-3(1) through
IC 21-22-3-3(9) of the campus service area, all appointed by the state
board of trustees. Membership may include a representative from a
school corporation that has part of its district within the campus service
area and at least one (1) Ivy Tech Community College student who is
enrolled at the campus. All members of the campus board must be
residents of the campus service area or represent an employer that
operates within the campus service area. Appointments are for three
(3) year terms, on a staggered basis, and all trustees must be citizens of
Indiana. Members may serve for an unlimited number of terms.
SECTION 299. IC 21-22-6-8, AS AMENDED BY SEA 254-2026,
SECTION 6, AND AS AMENDED BY HEA 1408-2026, SECTION
4, IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 8. A campus board shall do the
following:
(1) Make a careful analysis of the educational needs and
opportunities of the campus service area including an analysis of
programs and pathways designed to meet workforce and
employer demand. in accordance with IC 21-41-5.
(2) Develop and recommend to the state board of trustees a plan
for providing postsecondary:
(A) general education;
(B) liberal arts education; and
(C) occupational and technical education;
programs and appropriate workforce development, assessment,
and training services for the residents of that campus service area.
(3) Develop and recommend to the state board of trustees a plan
to:
(A) align postsecondary academic curriculum with employer
needs;
(B) provide relevant skills training opportunities; and
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(C) ensure college transferability;
for the residents of a campus service area.
(3) (4) Develop and recommend a Review the budget for campus
programs and operations, and make recommendations to the
campus chancellor for efficiencies in operation and alignment
with campus service area needs.
(4) (5) Identify and recommend methods to optimize the use of
facilities and equipment to support programs and pathways
designed to meet workforce and employer demand.
(5) (6) Facilitate and develop cooperation with employers,
community leaders, economic development efforts, area career
and technical education centers, and other public and private
education and training entities in order to provide postsecondary
general, liberal arts, and occupational and technical education
and training designed to meet to ensure alignment with workforce
and employer demand in an efficient and cost effective manner
and to avoid duplication of services.
(6) (7) Determine through evaluation, studies, or assessments the
degree to which the established training needs of the campus
service area are being met.
(7) (8) Make recommendations to the state board of trustees
concerning policies that appear to substantially affect the campus
board's capacity to deliver effective and efficient programming.
(8) (9) Review building utilization data prior to approving
capital requests or requests for proposals to ensure capital
investments are justified by enrollment projections and
operational efficiency data.S
ECTION 49. IC 20-20.5-11-5.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 5.5. A policy to provide employer
liability and worker's compensation insurance coverage under this
chapter is subject to the requirements of IC 27-7-19.S
ECTION 50. IC 20-20-38.5-5.5, AS ADDED BY HEA 1098-2026,
SECTION 1, IS REPEALED [EFFECTIVE JULY 1, 2026]. Sec. 5.5.
A policy to provide employer liability and worker's compensation
insurance coverage under this chapter is subject to the requirements of
IC 27-7-19.
SECTION 300. IC 20-20.5-11.5 IS ADDED TO THE INDIANA
CODE AS A NEW CHAPTER TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]:
Chapter 11.5. Agreements with Work Based Learning
Employers
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Sec. 1. As used in this chapter, "intermediary" has the meaning
set forth in IC 21-18-1-3.5.
Sec. 2. As used in this chapter, "school" means the following:
(1) A school maintained by a school corporation.
(2) A charter school.
Sec. 3. (a) As used in this chapter, "work based learning
program" refers to:
(1) an apprenticeship program (as defined in IC 20-43-8-0.3);
(2) a modern youth apprenticeship (as defined in
IC 20-51.4-2-9.5);
(3) a pre-apprenticeship program that meets the elements of
a quality pre-apprenticeship program established by the
United States Department of Labor; and
(4) a work based learning course (as defined in
IC 20-43-8-0.7).
(b) The term does not include the following:
(1) A virtual, remote, or online work based learning program
in which the student performs activities primarily outside of
an employer controlled physical worksite.
(2) An activity that does not involve ongoing work
responsibilities or recurring placement with an employer,
such as a career awareness visit or field trip.
Sec. 4. (a) If an intermediary, an industry talent association, or
a school connects a student with an employer to obtain work
experience as part of a work based learning program, the
intermediary, industry talent association, or school and the
employer shall enter into a written agreement under which the
employer assumes responsibility for obtaining worker's
compensation insurance coverage for any student who performs
services for the employer as part of the work based learning
program.
(b) An intermediary, an industry talent association, or a school
may comply with subsection (a) by entering into an agreement with
a third party employer of record.
SECTION 301. IC 20-20-38.6, AS ADDED BY HEA 1098-2026,
SECTION 2, IS REPEALED [EFFECTIVE JULY 1, 2026].
(Agreements with Work Based Learning Employers).
SECTION 302. IC 20-26-5-40.7, AS AMENDED BY SEA 78-2026,
SECTION 1, AND AS AMENDED BY HEA 1004-2026, SECTION
62, IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 40.7. (a) As used in this section,
"instructional time" has the meaning set forth in IC 20-30-2-1. "school
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day" means the entirety of the time a student is present on school
property for a student instructional day (as defined in IC 20-30-2-2).
(b) As used in this section, "school sanctioned wireless
communication device" means a wireless communication device that:
(1) is owned by a student or a third party vendor;
(2) is approved by the school for instructional use;
(3) is required or permitted by the school for participation in
classroom instruction;
(4) is subject to school managed network controls, filtering, or
monitoring that restrict access to noninstructional content during
the school day; and
(5) is not a cellular telephone, gaming device, or smartwatch
described in subsection (c)(5).
This subsection expires July 1, 2028.
(b) (c) As used in this section, "wireless communication device"
means any portable wireless device that has the capability to provide
voice, messaging, or other data communication between two (2) or
more parties, including a:
(1) cellular telephone;
(2) tablet computer;
(3) laptop computer; or
(4) gaming device; or
(5) smartwatch that is connected to a cellular telephone, a cell
tower, or the Internet.
The term does not include a device described in subsection (i).
(c) (d) Except as provided in subsection (e), each school corporation
and charter school shall adopt and implement a wireless
communication device policy that does the following:
(1) Except as provided in subdivisions (2) and (3), subdivision
(2), and subsection (d), prohibits a student from using a:
(A) wireless communication device during instructional time;
the school day; and
(B) school supplied wireless communication device for a
noneducational purpose during the school day;
(2) authorizes a teacher to allow a student to use a wireless
communication device for educational purposes during
instructional time; and
(3) permits a student to use a wireless communication device in
the event of an emergency or to manage the student's health care.
(2) Requires teacher directed use of a wireless communication
device for educational purposes during the school day to occur
only on the following:
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(A) Before July 1, 2028, on:
(i) a school supplied wireless communication device; or
(ii) if the school corporation or charter school does not
provide a school supplied wireless communication device,
a school sanctioned wireless communication device.
This clause expires July 1, 2028.
(B) After June 30, 2028, a school supplied wireless
communication device.
(3) Mandates one (1) of the following policies:
(A) A no device policy under which students are not permitted
to bring wireless communication devices to school.
(B) A storage policy under which wireless communication
devices may be brought to school, but must be stored away,
powered off, and inaccessible to a student throughout the
school day.
(d) (e) The policy adopted and implemented under subsection (c) (d)
may not prohibit a student from using a wireless communication device
during instructional time the school day if the use of the wireless
communication device is: included in the student's:
(1) included in the student's individualized education program; or
(2) included in the student's plan developed under Section 504 of
the federal Rehabilitation Act of 1973, 29 U.S.C. 794;
(3) necessary for the management of a documented medical
condition pursuant to an order provided by a licensed health care
provider;
(4) authorized by the superintendent or the superintendent's
designee at the appropriate time during an emergency, as
determined by the superintendent or designee; or
(5) necessary for language translation to ensure access for
multi-lingual learners, prioritizing school-managed wireless
communication devices or applications where available.
(e) (f) Each school corporation and charter school shall publish on
its website the wireless communication device policy established under
subsection (c). (d).
(g) The department shall publish model policy language and
implementation guidance consistent with this section, which may
include guidance for how existing lockers and resources can be used
to comply with this section.
(h) A school corporation, a school maintained by a school
corporation, a charter school, and personnel of a school corporation,
a school maintained by a school corporation, or a charter school, are
immune from civil liability for any actions taken in good faith to
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comply with this section. The civil immunity under this subsection does
not apply to an act or omission that constitutes gross negligence or
willful, wanton, or intentional misconduct.
(i) Notwithstanding subsections (a) through (g), a student may
possess and use an unobtrusive audio recording device solely for the
student's individual educational notetaking or personal learning
assistance if the device:
(1) is designed principally to capture spoken word audio for the
purpose described in this subsection, including through
recording, transcription, summarization, or other personal
assistant functionality;
(2) does not capture, store, or transmit images or video;
(3) is visible to the classroom teacher or other appropriate school
personnel at all times while in use;
(4) is provided to the school for inspection upon request; and
(5) is used in a manner consistent with applicable state and
federal law governing consent to audio recording.
(j) Except as provided in subsection (e), nothing in the exemption
under subsection (i) shall be interpreted to limit a school's authority
to adopt and enforce policies to control or restrict the possession or
use of audio recording devices described in subsection (i), including
policies that:
(1) restrict where and when such devices may be used while at
school;
(2) prohibit the use of the devices during an assessment or other
activity designated by the school;
(3) prohibit the real time transmission, broadcasting, or live
streaming of audio recorded by the devices;
(4) require advance notification to either a classroom teacher or
building administrator as may be applicable in the school's
policy before use;
(5) require that recorded material be stored, retained, or deleted
in a manner consistent with school policy; and
(6) require consent requirements consistent with applicable law
for the recording of another student or school employee.
(k) A school corporation or charter school that adopts a policy
under this section that permits the possession or use of an audio
recording device under subsection (i) shall include in the policy a
provision that a recording made under subsection (i) may not be used
for a disciplinary, evaluative, or supervisory purpose against a:
(1) student; or
(2) school employee.
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SECTION 303. IC 20-30-4-2, AS AMENDED BY SEA 88-2026,
SECTION 3, AND AS AMENDED BY HEA 1004-2026, SECTION
110, IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 2. (a) In consultation with the
student's school counselor, after seeking consultation with each
student's parents, and not later than the date on which the student
completes grade 8, each student shall develop a graduation plan that is
a part of the student's permanent school record and accessible to a
parent of the student in accordance with the Family Education Rights
and Privacy Act (20 U.S.C. 1232g et seq.).
(b) The graduation plan developed under subsection (a) must
include the following:
(1) A statement of intent to graduate from high school.
(2) An acknowledgment of the importance of:
(A) good citizenship;
(B) school attendance; and
(C) diligent study habits.
(3) The subject and skill areas of interest to the student.
(4) The postsecondary goals of the student aligned with the
graduation pathway requirements under IC 20-32-4-1.5.
(5) A program of study under the college/technology preparation
curriculum adopted by the state board under IC 20-30-10-2 for
grades 10, 11, and 12 that meets the interests, aptitude, and
postsecondary goals of the student.
(6) Assurances that, upon satisfactory fulfillment of the plan, the
student:
(A) is entitled to graduate; and
(B) will have taken at least the minimum variety and number
of courses necessary to gain admittance to a state educational
institution.
(7) An indication of assessments (other than the statewide
assessment program and the graduation examination (before July
1, 2018)) that the student plans to take voluntarily during grade 10
through grade 12 and which may include any of the following:
(A) The SAT Reasoning Test.
(B) The ACT test.
(C) The Classic Learning Test.
(C) (D) Advanced placement exams.
(D) (E) College readiness exams approved by the department.
(E) (F) Workforce readiness exams approved by the
department of workforce development established under
IC 22-4.1-2.
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(F) (G) Cambridge International examinations.
(c) A school corporation shall:
(1) provide a copy of a student's graduation plan developed
under this section to a parent of the student; and
(2) provide the parent described in subdivision (1) an opportunity
to consult with the school corporation on the student's graduation
plan.
SECTION 304. IC 6-6-6.5-13, AS AMENDED BY SEA 243-2026,
SECTION 27, AND AS AMENDED BY HEA 1210-2026, SECTION
155, IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 13. (a) As the basis for measuring
the tax imposed by this chapter, the department shall classify every
taxable aircraft in its proper class according to the following
classification plan:
CLASS DESCRIPTION
A Piston-driven
B Piston-driven,
and Pressurized
C Turbine driven
or other Powered
D Homebuilt, Gliders, or
Hot Air Balloons
(b) The tax imposed under this chapter is based on the age, class,
and maximum landing weight of the taxable aircraft. The amount of tax
imposed on the taxable aircraft is based on the following table:
Age Class A Class B Class C Class D
0-4 $.04/lb $.065/lb $.09/lb $.0175/lb
5-8 $.035/lb $.055/lb $.08/lb $.015/lb
9-12 $.03/lb $.05/lb $.07/lb $.0125/lb
13-16 $.025/lb $.025/lb $.025/lb $.01/lb
17-25 $.02/lb $.02/lb $.02/lb $.0075/lb
over 25 $.01/lb $.01/lb $.01/lb $.005/lb
(c) An aircraft owner, who sells an aircraft on which the owner has
paid the tax imposed under this chapter, is entitled to a credit for the
tax paid. The credit equals excise tax paid on the aircraft that was sold,
times the lesser of:
(1) ninety percent (90%); or
(2) ten percent (10%) times the number of months remaining in
the registration year after the sale of the aircraft.
The credit may only be used to reduce the tax imposed under this
chapter on another aircraft purchased by that owner during the
registration year in which the credit accrues. A person may not receive
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a refund for a credit under this subsection.
(d) A person who is entitled to a property tax deduction under
IC 6-1.1-12-13 (before its expiration) or IC 6-1.1-12-14 is entitled to
a credit against the tax imposed on the person's aircraft under this
chapter. The credit equals the amount of the property tax deduction to
which the person is entitled under IC 6-1.1-12-13 (before its
expiration) and IC 6-1.1-12-14 minus the amount of that deduction
used to offset the person's property taxes or vehicle excise taxes, times
seven hundredths (.07). The credit Additionally, a person entitled to a
property tax deduction under IC 6-1.1-51-10 is also entitled to a credit
against the tax imposed on the person's aircraft under this chapter.
Such credit equals the amount of the property tax deduction to which
the person is entitled under IC 6-1.1-51-10 minus the amount of that
deduction used to offset the person's property taxes (unless the aircraft
is subject to both the aircraft excise tax and personal property tax, in
which case the deduction shall apply to both property taxes and excise
taxes). The credits in this subsection may not exceed the amount of the
tax due under this chapter. The county auditor shall, upon the person's
request, furnish a certified statement showing the credit allowable
under this subsection. The department may not allow a credit under this
subsection until the auditor's statement has been filed in the
department's office.
SECTION 305. IC 36-7.5-7-10, AS AMENDED BY SEA 27-2026,
SECTION 28, AND AS AMENDED BY HEA 1210-2026, SECTION
267, IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 10. (a) A local county fund
known as the Lake County convention and event center reserve fund is
established to pay for:
(1) additions;
(2) refurbishment; and
(3) budget shortfalls or other unusual costs;
of a convention and event center that is constructed using money from
the convention fund under this chapter.
(b) The reserve fund consists of:
(1) transfers under IC 6-9-2-1.5(c) (as in effect before amendment
in the 2026 session of the general assembly); and
(2) gifts, grants, donations, or other contributions from any other
public or private source.
(c) The Lake County commissioners shall administer the reserve
fund until the convention center authority is established. Thereafter,
the convention center authority shall administer the reserve fund.
SECTION 306. IC 22-3-2-2.6, AS ADDED BY HEA 1098-2026,
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SECTION 4, IS AMENDED TO AS FOLLOWS [EFFECTIVE JULY
1, 2026]: Sec. 2.6. (a) As used in this section, "work based learning
program" has the meaning set forth in IC 20-20-38.6-3.
IC 20-20.5-11.5-3.
(b) Except as provided in subsection (c), a student who performs
services for an employer as part of a work based learning program:
(1) is entitled to compensation and benefits under IC 22-3-2
through IC 22-3-6; and
(2) may not recover any additional benefit otherwise payable as
a result of being less than seventeen (17) years of age under the
definition of a minor in IC 22-3-6-1.
(c) The following apply if a student is unpaid for the services
performed for an employer as part of a work based learning program:
(1) The student is not entitled to the following compensation:
(A) Temporary total disability compensation under
IC 22-3-3-8.
(B) Temporary partial disability compensation under
IC 22-3-3-9.
(2) In the case that death results from the injury, death benefits in
a lump sum amount of one hundred seventy-five thousand dollars
($175,000) shall be paid upon agreement or final award to any
dependents of the student under IC 22-3-3-18 through
IC 22-3-3-20, or, if the student has no dependents, to the student's
parents.
(d) Except for remedies available under IC 5-2-6.1, recovery under
this section is the exclusive right and remedy for:
(1) a student who performs services for an employer as part of a
work based learning program; and
(2) the personal representatives, dependents, or next of kin, at
common law or otherwise, of a student who performs services for
an employer as part of a work based learning program;
on account of personal injury or death by accident arising out of and in
the course of employment as part of the work based learning program.
SECTION 307. IC 22-3-6-1, AS AMENDED BY HEA 1098-2026,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. In IC 22-3-2 through IC 22-3-6, unless the
context otherwise requires:
(a) "Employer" includes the state and any political subdivision, any
municipal corporation within the state, any individual or the legal
representative of a deceased individual, firm, association, limited
liability company, limited liability partnership, or corporation or the
receiver or trustee of the same, using the services of another for pay. A
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corporation, limited liability company, or limited liability partnership
that controls the activities of another corporation, limited liability
company, or limited liability partnership, or a corporation and a limited
liability company or a corporation and a limited liability partnership
that are commonly owned entities, or the controlled corporation,
limited liability company, limited liability partnership, or commonly
owned entities, and a parent corporation and its subsidiaries shall each
be considered joint employers of the corporation's, the controlled
corporation's, the limited liability company's, the limited liability
partnership's, the commonly owned entities', the parent's, or the
subsidiaries' employees for purposes of IC 22-3-2-6 and IC 22-3-3-31.
Both a lessor and a lessee of employees shall each be considered joint
employers of the employees provided by the lessor to the lessee for
purposes of IC 22-3-2-6 and IC 22-3-3-31. If the employer is insured,
the term includes the employer's insurer so far as applicable. However,
the inclusion of an employer's insurer within this definition does not
allow an employer's insurer to avoid payment for services rendered to
an employee with the approval of the employer. The term also includes
an employer that employs a student as part of a work based learning
program to the extent set forth in IC 22-3-2-2.6. The term does not
include a nonprofit corporation that is recognized as tax exempt under
Section 501(c)(3) of the Internal Revenue Code (as defined in
IC 6-3-1-11(a)) to the extent the corporation enters into an independent
contractor agreement with a person for the performance of youth
coaching services on a part-time basis.
(b) "Employee" means every person, including a minor, in the
service of another, under any contract of hire or apprenticeship, written
or implied, except one whose employment is both casual and not in the
usual course of the trade, business, occupation, or profession of the
employer.
(1) An executive officer elected or appointed and empowered in
accordance with the charter and bylaws of a corporation, other
than a municipal corporation or governmental subdivision or a
charitable, religious, educational, or other nonprofit corporation,
is an employee of the corporation under IC 22-3-2 through
IC 22-3-6. An officer of a corporation who is an employee of the
corporation under IC 22-3-2 through IC 22-3-6 may elect not to
be an employee of the corporation under IC 22-3-2 through
IC 22-3-6. An officer of a corporation who is also an owner of any
interest in the corporation may elect not to be an employee of the
corporation under IC 22-3-2 through IC 22-3-6. If an officer
makes this election, the officer must serve written notice of the
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election on the corporation's insurance carrier and the board. An
officer of a corporation may not be considered to be excluded as
an employee under IC 22-3-2 through IC 22-3-6 until the notice
is received by the insurance carrier and the board.
(2) An executive officer of a municipal corporation or other
governmental subdivision or of a charitable, religious,
educational, or other nonprofit corporation may, notwithstanding
any other provision of IC 22-3-2 through IC 22-3-6, be brought
within the coverage of its insurance contract by the corporation by
specifically including the executive officer in the contract of
insurance. The election to bring the executive officer within the
coverage shall continue for the period the contract of insurance is
in effect, and during this period, the executive officers thus
brought within the coverage of the insurance contract are
employees of the corporation under IC 22-3-2 through IC 22-3-6.
(3) Any reference to an employee who has been injured, when the
employee is dead, also includes the employee's legal
representatives, dependents, and other persons to whom
compensation may be payable.
(4) An owner of a sole proprietorship may elect to include the
owner as an employee under IC 22-3-2 through IC 22-3-6 if the
owner is actually engaged in the proprietorship business. If the
owner makes this election, the owner must serve upon the owner's
insurance carrier and upon the board written notice of the
election. No owner of a sole proprietorship may be considered an
employee under IC 22-3-2 through IC 22-3-6 until the notice has
been received. If the owner of a sole proprietorship:
(A) is an independent contractor in the construction trades and
does not make the election provided under this subdivision,
the owner must obtain a certificate of exemption under
IC 22-3-2-14.5; or
(B) is an independent contractor and does not make the
election provided under this subdivision, the owner may obtain
a certificate of exemption under IC 22-3-2-14.5.
(5) A partner in a partnership may elect to include the partner as
an employee under IC 22-3-2 through IC 22-3-6 if the partner is
actually engaged in the partnership business. If a partner makes
this election, the partner must serve upon the partner's insurance
carrier and upon the board written notice of the election. No
partner may be considered an employee under IC 22-3-2 through
IC 22-3-6 until the notice has been received. If a partner in a
partnership:
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(A) is an independent contractor in the construction trades and
does not make the election provided under this subdivision,
the partner must obtain a certificate of exemption under
IC 22-3-2-14.5; or
(B) is an independent contractor and does not make the
election provided under this subdivision, the partner may
obtain a certificate of exemption under IC 22-3-2-14.5.
(6) Real estate professionals are not employees under IC 22-3-2
through IC 22-3-6 if:
(A) they are licensed real estate agents;
(B) substantially all their remuneration is directly related to
sales volume and not the number of hours worked; and
(C) they have written agreements with real estate brokers
stating that they are not to be treated as employees for tax
purposes.
(7) A person is an independent contractor and not an employee
under IC 22-3-2 through IC 22-3-6 if the person is an independent
contractor under the guidelines of the United States Internal
Revenue Service.
(8) An owner-operator that provides a motor vehicle and the
services of a driver under a written contract that is subject to
IC 8-2.1-24-23, 45 IAC 16-1-13, or 49 CFR 376 to a motor carrier
is not an employee of the motor carrier for purposes of IC 22-3-2
through IC 22-3-6. The owner-operator may elect to be covered
and have the owner-operator's drivers covered under a worker's
compensation insurance policy or authorized self-insurance that
insures the motor carrier if the owner-operator pays the premiums
as requested by the motor carrier. An election by an
owner-operator under this subdivision does not terminate the
independent contractor status of the owner-operator for any
purpose other than the purpose of this subdivision.
(9) A member or manager in a limited liability company may elect
to include the member or manager as an employee under
IC 22-3-2 through IC 22-3-6 if the member or manager is actually
engaged in the limited liability company business. If a member or
manager makes this election, the member or manager must serve
upon the member's or manager's insurance carrier and upon the
board written notice of the election. A member or manager may
not be considered an employee under IC 22-3-2 through IC 22-3-6
until the notice has been received.
(10) A student who performs services for an employer as part of
a work based learning program, either paid or unpaid, is an
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employee to the extent set forth in IC 22-3-2-2.6.
(11) A person who enters into an independent contractor
agreement with a nonprofit corporation that is recognized as tax
exempt under Section 501(c)(3) of the Internal Revenue Code (as
defined in IC 6-3-1-11(a)) to perform youth coaching services on
a part-time basis is not an employee for purposes of IC 22-3-2
through IC 22-3-6.
(12) An individual who is not an employee of the state or a
political subdivision is considered to be a temporary employee of
the state for purposes of IC 22-3-2 through IC 22-3-6 while
serving as a member of a mobile support unit on duty for training,
an exercise, or a response, as set forth in IC 10-14-3-19(c)(2)(B).
(13) A driver providing drive away operations is an independent
contractor and not an employee when:
(A) the vehicle being driven is the commodity being delivered;
and
(B) the driver has entered into an agreement with the party
arranging for the transportation that specifies the driver is an
independent contractor and not an employee.
(c) "Minor" means an individual who has not reached seventeen
(17) years of age.
(1) Unless otherwise provided in this subsection, a minor
employee shall be considered as being of full age for all purposes
of IC 22-3-2 through IC 22-3-6.
(2) If the employee is a minor who, at the time of the accident, is
employed, required, suffered, or permitted to work in violation of
IC 22-2-18-40 (before its expiration on June 30, 2021) and
IC 22-2-18.1-23, the amount of compensation and death benefits,
as provided in IC 22-3-2 through IC 22-3-6, shall be double the
amount which would otherwise be recoverable. The insurance
carrier shall be liable on its policy for one-half (1/2) of the
compensation or benefits that may be payable on account of the
injury or death of the minor, and the employer shall be liable for
the other one-half (1/2) of the compensation or benefits. If the
employee is a minor who is not less than sixteen (16) years of age
and who has not reached seventeen (17) years of age and who at
the time of the accident is employed, suffered, or permitted to
work at any occupation which is not prohibited by law, this
subdivision does not apply.
(3) A minor employee who, at the time of the accident, is a
student performing services for an employer as part of an
approved program under IC 20-37-2-7 or a work based learning
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program (as defined in IC 20-20-38.6-3) IC 20-20.5-11.5-3) shall
be considered a full-time employee for the purpose of computing
compensation for permanent impairment under IC 22-3-3-10. The
average weekly wages for such a student shall be calculated as
provided in subsection (d)(4).
(4) The rights and remedies granted in this subsection to a minor
under IC 22-3-2 through IC 22-3-6 on account of personal injury
or death by accident shall exclude all rights and remedies of the
minor, the minor's parents, or the minor's personal
representatives, dependents, or next of kin at common law,
statutory or otherwise, on account of the injury or death. This
subsection does not apply to minors who have reached seventeen
(17) years of age.
(d) "Average weekly wages" means the earnings of the injured
employee in the employment in which the employee was working at the
time of the injury during the period of fifty-two (52) weeks
immediately preceding the date of injury, divided by fifty-two (52),
except as follows:
(1) If the injured employee lost seven (7) or more calendar days
during this period, although not in the same week, then the
earnings for the remainder of the fifty-two (52) weeks shall be
divided by the number of weeks and parts thereof remaining after
the time lost has been deducted.
(2) Where the employment prior to the injury extended over a
period of less than fifty-two (52) weeks, the method of dividing
the earnings during that period by the number of weeks and parts
thereof during which the employee earned wages shall be
followed, if results just and fair to both parties will be obtained.
Where by reason of the shortness of the time during which the
employee has been in the employment of the employee's employer
or of the casual nature or terms of the employment it is
impracticable to compute the average weekly wages, as defined
in this subsection, regard shall be had to the average weekly
amount which during the fifty-two (52) weeks previous to the
injury was being earned by a person in the same grade employed
at the same work by the same employer or, if there is no person so
employed, by a person in the same grade employed in the same
class of employment in the same district.
(3) Wherever allowances of any character made to an employee
in lieu of wages are a specified part of the wage contract, they
shall be deemed a part of the employee's earnings.
(4) In computing the average weekly wages to be used in
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calculating an award for permanent impairment under
IC 22-3-3-10 for a student employee in an approved training
program under IC 20-37-2-7 or a work based learning program (as
defined in IC 20-20-38.6-3), IC 20-20.5-11.5-3), the following
formula shall be used. Calculate the product of:
(A) the student employee's hourly wage rate; multiplied by
(B) forty (40) hours.
The result obtained is the amount of the average weekly wages for
the student employee.
(e) "Injury" and "personal injury" mean only injury by accident
arising out of and in the course of the employment and do not include
a disease in any form except as it results from the injury.
(f) "Billing review service" refers to a person or an entity that
reviews a medical service provider's bills or statements for the purpose
of determining pecuniary liability. The term includes an employer's
worker's compensation insurance carrier if the insurance carrier
performs such a review.
(g) "Billing review standard" means the data used by a billing
review service to determine pecuniary liability.
(h) "Community" means a geographic service area based on ZIP
code districts defined by the United States Postal Service according to
the following groupings:
(1) The geographic service area served by ZIP codes with the first
three (3) digits 463 and 464.
(2) The geographic service area served by ZIP codes with the first
three (3) digits 465 and 466.
(3) The geographic service area served by ZIP codes with the first
three (3) digits 467 and 468.
(4) The geographic service area served by ZIP codes with the first
three (3) digits 469 and 479.
(5) The geographic service area served by ZIP codes with the first
three (3) digits 460, 461 (except 46107), and 473.
(6) The geographic service area served by the 46107 ZIP code and
ZIP codes with the first three (3) digits 462.
(7) The geographic service area served by ZIP codes with the first
three (3) digits 470, 471, 472, 474, and 478.
(8) The geographic service area served by ZIP codes with the first
three (3) digits 475, 476, and 477.
(i) "Medical service provider" refers to a person or an entity that
provides services or products to an employee under IC 22-3-2 through
IC 22-3-6. Except as otherwise provided in IC 22-3-2 through
IC 22-3-6, the term includes a medical service facility.
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(j) "Medical service facility" means any of the following that
provides a service or product under IC 22-3-2 through IC 22-3-6 and
uses the CMS 1450 (UB-04) form or the CMS 1500 (HCFA-1500)
form for Medicare reimbursement:
(1) An ambulatory outpatient surgical center (as defined in
IC 16-18-2-14).
(2) A hospital (as defined in IC 16-18-2-179).
(3) A hospital based health facility (as defined in
IC 16-18-2-180).
(4) A medical center (as defined in IC 16-18-2-223.4).
(k) "Pecuniary liability" means the responsibility of an employer or
the employer's insurance carrier for the payment of the charges for each
specific service or product for human medical treatment provided
under IC 22-3-2 through IC 22-3-6, as follows:
(1) This subdivision applies before July 1, 2014, to all medical
service providers, and after June 30, 2014, to a medical service
provider that is not a medical service facility. Payment of the
charges in a defined community, equal to or less than the charges
made by medical service providers at the eightieth percentile in
the same community for like services or products.
(2) Payment of the charges in a reasonable amount, which is
established by payment of one (1) of the following:
(A) The amount negotiated at any time between the medical
service facility and any of the following, if an amount has been
negotiated:
(i) The employer.
(ii) The employer's insurance carrier.
(iii) A billing review service on behalf of a person described
in item (i) or (ii).
(iv) A direct provider network that has contracted with a
person described in item (i) or (ii).
(B) Two hundred percent (200%) of the amount that would be
paid to the medical service facility on the same date for the
same service or product under the medical service facility's
Medicare reimbursement rate, if, after conducting the
negotiations described in clause (A), an agreement has not
been reached.
(l) "Service or product" or "services and products" refers to medical,
hospital, surgical, or nursing service, treatment, and supplies provided
under IC 22-3-2 through IC 22-3-6.
SECTION 308. IC 22-3-7-2.6, AS ADDED BY HEA 1098-2026,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
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JULY 1, 2026]: Sec. 2.6. (a) As used in this section, "work based
learning program" has the meaning set forth in IC 20-20-38.6-3.
IC 20-20.5-11.5-3.
(b) Except as provided in subsection (c), a student who performs
services for an employer as part of a work based learning program:
(1) is entitled to compensation and benefits under this chapter;
and
(2) may not recover any additional benefit otherwise payable as
a result of being less than seventeen (17) years of age under the
definition of a minor in section 9 of this chapter.
(c) The following apply if a student is unpaid for the services
performed for an employer as part of a work based learning program:
(1) The student is not entitled to the following compensation:
(A) Temporary total disability compensation under section 16
of this chapter.
(B) Temporary partial disability compensation under section
16 of this chapter.
(2) In the case that death results from the injury, death benefits in
a lump sum amount of one hundred seventy-five thousand dollars
($175,000) shall be paid upon agreement or final award to any
dependents of the student under sections 11 through 14 of this
chapter, or, if the student has no dependents, to the student's
parents.
(d) Except for remedies available under IC 5-2-6.1, recovery under
this section is the exclusive right and remedy for:
(1) a student who performs services for an employer as part of a
work based learning program; and
(2) the personal representatives, dependents, or next of kin, at
common law or otherwise, of a student who performs services for
an employer as part of a work based learning program;
on account of disablement or death by occupational disease arising out
of and in the course of employment as part of the work based learning
program.
SECTION 309. IC 27-7-19-5, AS ADDED BY HEA 1098-2026,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 5. As used in this chapter, "work based learning
program" has the meaning set forth in IC 20-20-38.6-3.
IC 20-20.5-11.5-3.
SECTION 310. An emergency is declared for this act.
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President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date: Time:
SEA 80 — CC 1Every fact on this page links to its source, starting with the official bill record.