Parental rights., the official text

First Regular Session of the 124th General Assembly (2025)

PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.

 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
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a new provision to the Indiana Code or the Indiana Constitution.
 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.

  SENATE ENROLLED ACT No. 143

   AN ACT to amend the Indiana Code concerning family law and
juvenile law.

   Be it enacted by the General Assembly of the State of Indiana:

   SECTION 1. IC 31-9-2-13, AS AMENDED BY P.L.109-2024,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 13. (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

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      (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.

   (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.
   SECTION 2. IC 31-9-2-14, AS AMENDED BY P.L.109-2024,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 14. (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;

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         (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) 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.
   SECTION 3. IC 31-9-2-47.9 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]: Sec. 47.9. (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.
   SECTION 4. IC 31-9-2-51.9 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]: Sec. 51.9. "Health care", for purposes of IC 31-42, has the
meaning set forth in IC 16-36-1-1.
   SECTION 5. IC 31-9-2-88, AS AMENDED BY P.L.172-2022,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 88. (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.

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   (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.

   SECTION 6. IC 31-9-2-122.9 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 122.9. (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.
   SECTION 7. IC 31-42 IS ADDED TO THE INDIANA CODE AS
A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2025]:
   ARTICLE 42. PARENTAL RIGHTS AND
RESPONSIBILITIES
   Chapter 1. Rights of Parents
   Sec. 1. This chapter applies to all statutes enacted by the general
assembly unless a statute is exempted by reference to a specific
statute within this chapter.
   Sec. 2. A governmental entity may not substantially burden a
parent's fundamental right to direct the:
      (1) upbringing;
      (2) religious instruction;
      (3) education; or
      (4) health care;
of the parent's child, unless the burden, as applied to the parent
and the child, is required to advance a compelling governmental
interest and is the least restrictive means of advancing the
governmental interest.
   Sec. 3. (a) A governmental entity may not:
      (1) advise, direct, or coerce a child to withhold information
      from the child's parent; or
      (2) deny a child's parent access to information that:

         (A) is in the control of the governmental entity;

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         (B) is requested by the child's parent; and
         (C) relates to the child's health care or social, emotional,
         and behavioral well-being.
   (b) This section does not apply if:
      (1) the parent's access to the requested information is
      prohibited by state or federal law or a court order; or
      (2) a law enforcement officer requests that the information
      not be released because the parent is subject to a criminal
      investigation related to the child.
   Sec. 4. (a) Notwithstanding IC 34-13-3-3(a)(8), a parent may
bring suit against a governmental entity for a violation of this
chapter.
   (b) A parent may raise this chapter as a defense in a judicial or
administrative proceeding brought against the parent by a
governmental entity or a private entity.
   Sec. 5. Relief against the governmental entity may include any
of the following:
      (1) Declaratory relief.
      (2) Injunctive relief.
      (3) Compensatory damages.
      (4) Reasonable attorney's fees and costs.
   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); 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.
   Sec. 7. If a child does not have an affirmative right of access to
a specific medical treatment, service, or procedure, then this
chapter may not be construed to grant the parent a right to access
that medical treatment, service, or procedure on behalf of the

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parent's child.

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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:

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