Shown verbatim: the complete text as captured from the official PDF posted by the Indiana General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the current version. The official bill page.
Second Regular Session of the 124th General Assembly (2026)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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between statutes enacted by the 2025 Regular Session of the General Assembly.
SENATE ENROLLED ACT No. 171
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 31-19-2.5-3, AS AMENDED BY P.L.203-2021,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 3. (a) Except as provided in section 4 of this
chapter, notice must be given to:
(1) a person whose consent to adoption is required under
IC 31-19-9-1;
(2) a putative father who is entitled to notice under IC 31-19-4;
(3) a grandparent described in IC 31-19-4.5-1(3) of a child sought
to be adopted;
(4) a licensed child placing agency of which the child is a ward;
(5) if the child is the subject of an open or pending child in need
of services proceeding under IC 31-34, the local office of the
department of child services in the county in which the child in
need of services proceeding was filed; and
(6) if the child is a subject of an open or pending juvenile
delinquency proceeding under IC 31-37, the entity, facility, or
individual of which the child is a ward.
(b) Proof of notice to those under subsection (a) shall be filed with
the court in the adoption proceeding before the final adoption hearing
can be scheduled.
(c) Failure to provide notice under this section shall require setting
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aside the adoption decree if challenged by an entity or individual who
did not receive notice as required by this section. An adoption decree
may be challenged under this subsection for a period of not more than
forty-five (45) days after the date the adoption decree is entered.
(d) If notice is provided to the local office of the department of
child services under subsection (a)(5), the local office of the
department of child services shall provide notice to the court in
which the child in need of services proceeding is open or pending.
Notice under this subsection:
(1) is solely for the purpose of allowing the court to notify the
parties:
(A) that an adoption petition has been filed; and
(B) of the cause number and name of the petitioner for the
adoption petition; and
(2) must be provided to the court not later than seven (7)
business days after the local office of the department of child
services receives notice under subsection (a)(5).
SECTION 2. IC 31-19-9-2, AS AMENDED BY P.L.89-2023,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2. (a) The consent to adoption may be
executed or acknowledged at any time after the birth of the child, either
in the presence of:
(1) the court, in person or by video conferencing;
(2) an attorney, in person or by video conferencing;
(2) (3) a notary public or other person authorized to take
acknowledgments; or
(3) (4) an authorized agent of:
(A) the department; or
(B) a licensed child placing agency.
(b) The child's mother may not execute a consent to adoption before
the birth of the child.
(c) The child's father may execute a consent to adoption before the
birth of the child if the consent to adoption:
(1) is in writing;
(2) is signed by the child's father in the presence of a notary
public; and
(3) contains an acknowledgment that:
(A) the consent to adoption is irrevocable; and
(B) the child's father will not receive notice of the adoption
proceedings.
(d) A child's father who consents to the adoption of the child under
subsection (c) may not challenge or contest the child's adoption.
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(e) Except as provided in subsection (f) or (g), a person who
executes a written consent to the adoption of a child may not execute
a second or subsequent written consent to have another person adopt
the child unless one (1) or more of the following apply:
(1) Each original petitioner provides a written statement that the
petitioner is not adopting the child.
(2) The person consenting to the adoption has been permitted to
withdraw the first consent to adoption under IC 31-19-10.
(3) The court dismisses the petition for adoption filed by the
original petitioner or petitioners for adoption based upon a
showing, by clear and convincing evidence, that it is not in the
best interests of the child that the petition for adoption be granted.
(4) The court denies the petition to adopt the child filed by the
original petitioner or petitioners for adoption.
(f) The department may execute more than one (1) written consent
to the adoption of a child if the department determines that the
execution of more than one (1) written consent is in the best interests
of the child.
(g) The parents of a child who is a ward of the department may
execute a second or subsequent consent if:
(1) the court with jurisdiction over the child in need of services
determines that adoption by the person to whom consents were
originally signed is not in the child's best interest; or
(2) if the child's placement with the person who has petitioned or
intends to petition to adopt the child is disrupted.
SECTION 3. IC 31-19-16-2, AS AMENDED BY P.L.128-2012,
SECTION 57, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2. A court may grant postadoption contact
privileges if:
(1) the court determines that the best interests of the child would
be served by granting postadoption contact privileges;
(2) the child is at least two (2) years twelve (12) months of age
and the court finds that there is a significant emotional attachment
between the child and the birth parent;
(3) each adoptive parent consents to the granting of postadoption
contact privileges;
(4) the adoptive parents and the birth parents:
(A) execute a postadoption contact agreement; and
(B) file the agreement with the court;
(5) the licensed child placing agency sponsoring the adoption and
the child's court appointed special advocate or guardian ad litem
appointed under IC 31-32-3 recommends to the court the
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postadoption contact agreement, or if there is no licensed child
placing agency sponsoring the adoption, the local office or other
agency that prepared an adoption report under IC 31-19-8-5 is
informed of the contents of the postadoption contact agreement
and comments on the agreement in the agency's report to the
court;
(6) consent to postadoption contact is obtained from the child if
the child is at least twelve (12) years of age; and
(7) the postadoption contact agreement is approved by the court.
SECTION 4. IC 31-19-16-9, AS AMENDED BY P.L.113-2017,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 9. Postadoption contact privileges are
permissible without court approval in an adoption of a child who is less
than two (2) years twelve (12) months of age upon the agreement of
the adoptive parents and a birth parent. However, postadoption contact
privileges under this section may not include visitation. A postadoption
contact agreement under this section:
(1) is not enforceable;
(2) may include contact through photographs, written and verbal
updates, and other forms of communication;
(3) does not have to be in writing; and
(4) does not affect the:
(A) validity of a:
(i) consent to an adoption; or
(ii) waiver of notice; or
(B) finality of the adoption.
SECTION 5. IC 31-19-19-4, AS AMENDED BY P.L.186-2025,
SECTION 152, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 4. All papers, records, and
information pertaining to the adoption, whether part of:
(1) the permanent record of the court; or
(2) a file in:
(A) the division of vital records;
(B) the department or local office;
(C) a licensed child placing agency; or
(D) a professional health care provider (as defined in
IC 34-6-2.1-165);
are confidential and may be disclosed only in accordance with
IC 31-19-2.5-3, IC 31-19-17, this chapter, or IC 31-19-20 through
IC 31-19-25.5.
SECTION 6. IC 31-34-4-2, AS AMENDED BY P.L.186-2025,
SECTION 159, IS AMENDED TO READ AS FOLLOWS
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[EFFECTIVE UPON PASSAGE]: 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
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 or had a juvenile adjudication for an act that
would be a nonwaivable offense, as defined in IC 31-9-2-84.8 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);
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(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 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,
as defined in IC 31-9-2-84.8 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
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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 7. IC 31-34-6-2, AS AMENDED BY P.L.123-2014,
SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2. (a) A juvenile court or the department shall
consider placing a child alleged to be a child in need of services with
a suitable and willing relative or de facto custodian of the child before
considering any other placement for the child.
(b) A juvenile court or 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 a child is placed with a relative or de facto custodian, a
home evaluation and background checks described in IC 31-34-4-2 are
required.
(d) A placement with whom a child has resided for at least
twelve (12) months, consecutively or nonconsecutively, is presumed
to be an individual who has a significant relationship with the
child.
SECTION 8. IC 31-34-18-2, AS AMENDED BY P.L.210-2019,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2. (a) In addition to providing the court with
a recommendation for the care, treatment, or rehabilitation of the child,
the person preparing the report shall consider the necessity, nature, and
extent of the participation by a parent, guardian, or custodian in a
program of care, treatment, or rehabilitation for the child.
(b) If the department or caseworker believes that an out-of-home
placement would be appropriate for a child in need of services, the
department or caseworker shall:
(1) exercise due diligence to identify all adult relatives of the
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child and adult siblings; and
(2) consider whether the child should be placed with the child's
suitable and willing blood or adoptive relative caretaker,
including a grandparent, an aunt, an uncle, or an adult sibling,
before considering other out-of-home placements for the child.
(c) 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 9. IC 31-34-19-6, AS AMENDED BY P.L.65-2023,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 6. (a) If consistent with the safety of the
community and the best interest of the child, the juvenile court shall
enter a dispositional decree that:
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(1) is:
(A) in the least restrictive (most family like) and most
appropriate setting available; and
(B) close to the parents' home, consistent with the best interest
and special needs of the child;
(2) least interferes with family autonomy;
(3) is least disruptive of family life;
(4) imposes the least restraint on the freedom of the child and the
child's parent, guardian, or custodian;
(5) provides a reasonable opportunity for participation by the
child's parent, guardian, or custodian; and
(6) provides a reasonable opportunity for the child's parent who:
(A) is incarcerated; and
(B) has maintained a meaningful role in the child's life;
to maintain a relationship with the child.
(b) In determining whether reunification of a child with a parent,
guardian, or custodian from whom the child has been removed is in the
child's best interest, a court shall do the following:
(1) The court shall determine whether reunifying the child with
the parent, guardian, or custodian will result in separation of the
child from a sibling of the child.
(2) If the court determines under subdivision (1) that reunifying
the child with the parent, guardian, or custodian will result in
separation of the child from a sibling of the child, the court shall
consider whether separating the child from the child's sibling is in
the child's best interest.
(c) If a dispositional decree is entered under this section, the
court shall write a formal order with the court's findings and
conclusions, including any specific factors used to determine the
child's best interest.
SECTION 10. IC 31-34-19-10, AS AMENDED BY P.L.66-2015,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 10. (a) The juvenile court shall accompany the
court's dispositional decree with written findings and conclusions upon
the record concerning the following:
(1) The needs of the child for care, treatment, rehabilitation, or
placement, including any specific factors used to determine the
child's best interest.
(2) The need for participation by the parent, guardian, or
custodian in the plan of care for the child.
(3) Efforts made, if the child is a child in need of services, to:
(A) prevent the child's removal from; or
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(B) reunite the child with;
the child's parent, guardian, or custodian in accordance with
federal law.
(4) Family services that were offered and provided to:
(A) a child in need of services; or
(B) the child's parent, guardian, or custodian;
in accordance with federal law.
(5) The court's reasons for the disposition.
(6) Whether the child is a dual status child under IC 31-41.
(b) The juvenile court may incorporate a finding or conclusion from
a predispositional report as a written finding or conclusion upon the
record in the court's dispositional decree.
SECTION 11. IC 31-34-21-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 11. (a) When the
juvenile court finds that the objectives of the dispositional decree have
been met, the court shall discharge the child and the child's parent,
guardian, or custodian.
(b) The objectives of the dispositional decree are not considered
met solely because a court is prohibited from changing a child's
placement under IC 31-34-23-6(g).
(c) If a child's placement has been stayed under
IC 31-34-23-6(g), the court may not consider:
(1) the existence of a pending adoption; or
(2) any pending matters or hearings in the adoption;
to determine whether the objectives of the dispositional decree
have been met under subsection (a).
SECTION 12. IC 31-34-23-6, AS AMENDED BY P.L.105-2022,
SECTION 46, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 6. (a) Except as provided in section 3 of this
chapter, before changing a child's out-of-home placement, the
department or any other party seeking a change in placement shall
file a motion requesting a change in placement if the child:
(1) has been in the same out-of-home placement for at least one
(1) year; twelve (12) months, consecutively or
nonconsecutively; and
(2) is in:
(A) a foster family home; or
(B) the care of a relative.
(b) The person with whom the child is placed may:
(1) indicate in writing that the person:
(A) does not intend to contest the change of placement under
subsection (a); and
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(B) waives the right to request a hearing under subsection (f);
and
(2) provide the writing to:
(A) the department; or
(B) the court.
(c) Except as provided in subsection (i), if the department any
party files the motion described in subsection (a), the department
party shall give notice to all persons affected. The department's
party's notice must state that the person affected may file a written
objection not later than ten (10) fifteen (15) days after service of the
department's notice.
(d) If a writing described in subsection (b)(1) is provided to the
department before the department files the motion described in
subsection (a), the department may file the writing with the motion
requesting a change in placement.
(e) If the court receives the writing described in subsection (b), the
court may rule on the department's motion without delay. If the motion
filed by a party alleges substantiated exigent circumstances (as
defined in IC 31-9-2-44.1) or the court receives the writing
described in subsection (b), the court may rule on the party's
motion without delay.
(f) If the person affected files a timely objection to the department's
party's motion requesting a change in out-of-home placement, the
juvenile court shall hold a hearing on the question.
(g) Except as provided in subsection (e), if:
(1) a child is the subject of an adoption petition filed under
IC 31-19-2;
(2) the adoption petitioner is the current placement for the
child; and
(3) the adoption petitioner has been the child's placement for
at least twelve (12) months, consecutively or
nonconsecutively;
the court shall not change the child's placement until the adoption
petition under IC 31-19-2 has been ruled on.
(g) (h) The department party must show that the change in
out-of-home placement is in the best interests of the child.
(i) If the party seeking a change of placement is a:
(1) parent (as defined in IC 31-9-2-88(a));
(2) guardian ad litem (as defined in IC 31-9-2-50); or
(3) court appointed special advocate;
the party must provide notice under subsection (c) to the
department. The department shall provide notice of the motion
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requesting a change of placement to the child's out-of-home
placement. The department's notice must state that the person
affected may file a written objection not later than fifteen (15) days
after service of the department's notice.
SECTION 13. IC 31-35-2-8, AS AMENDED BY P.L.128-2012,
SECTION 173, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 8. (a) Except as provided in
section 4.5(d) of this chapter, if the court finds that the allegations in
a petition described in section 4 of this chapter are true, the court shall
terminate the parent-child relationship.
(b) If the court does not find that the allegations in the petition are
true, the court shall dismiss the petition.
(c) The court shall enter write a formal order with:
(1) findings of fact that support the entry of the conclusions
required by subsections (a) and (b); and
(2) any specific factors used to determine the child's best
interest.
SECTION 14. 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 171 — ConcurEvery fact on this page links to its source, starting with the official bill record.