Ind. Code ch. 31-26-5

in effect

Ind. Code § 31-26-5-1 "Child at imminent risk of placement"

Sec. 1. As used in this chapter, "child at imminent risk of placement" means a child less than eighteen (18) years of age who reasonably may be expected to face in the near future out-of-home placement under IC 31-27 through IC 31-28 and IC 31-30 through IC 31-40 as a result of at least one (1) of the following: (1) Dependency, abuse, or neglect. (2) Emotional disturbance. (3) Family conflict so extensive that reasonable control of the child is not exercised. (4) Delinquency adjudication. As added by P.L.145-2006, SEC.272.

Ind. Code § 31-26-5-2 Department contracting to provide family preservation services

Sec. 2. The department may contract to provide or provide, when appropriate, within the limits of available funding, family preservation services to families with a child at imminent risk of placement. As added by P.L.145-2006, SEC.272.

Ind. Code § 31-26-5-2.5 Per diem model reimbursement to community based providers for family preservation services

Sec. 2.5. (a) Beginning October 1, 2019, the department shall use a per diem model to reimburse community based providers for providing family preservation services. (b) The department shall develop, and update as needed, procedures to determine an appropriate per diem rate under subsection (a). As added by P.L.108-2019, SEC.238.

Ind. Code § 31-26-5-3 Duties of family preservation services

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; (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 31-9-2.1-168. (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 31-9-2.1-58) 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. As added by P.L.145-2006, SEC.272. Amended by P.L.183-2017, SEC.12; P.L.186-2025, SEC.158; P.L.145-2026, SEC.172.

Ind. Code § 31-26-5-4 Family preservation services; delivery of services

Sec. 4. Family preservation services must be delivered: (1) only to families and in situations where the services may reasonably be expected to avoid out-of-home placement of the child; and (2) to afford effective protection of the child, the family, and the community. As added by P.L.145-2006, SEC.272.

Ind. Code § 31-26-5-5 Family preservation services; required services; discretionary services

Sec. 5. (a) Family preservation services must include the following: (1) A twenty-four (24) hour crisis intervention service. (2) Risk assessment, case management, and monitoring. (3) Intensive in-home skill building and counseling. (4) After-care linkage. (b) The following services may be available as needed to families receiving family preservation services: (1) Emergency respite care. (2) Pre-adoption and post-adoption services. As added by P.L.145-2006, SEC.272.

Ind. Code § 31-26-5-6 Family preservation services; maximum caseload per caseworker

Sec. 6. A caseworker who provides family preservation services may retain a maximum caseload of twelve (12) families. As added by P.L.145-2006, SEC.272.

Ind. Code § 31-26-5-7 Employee completion of federally mandated background check

Sec. 7. (a) An employee of a provider of home based family preservation services shall undergo a background check to which the employee is required by federal law to submit for purposes of the employee's provision of child welfare services: (1) not later than four (4) years after the individual's date of hire; and (2) one (1) time every four (4) years thereafter. (b) If an employee described in subsection (a) has completed the federally required background check to provide child welfare services, the employee is not required to complete a separate background check for providing additional child welfare services for the same employer. As added by P.L.62-2026, SEC.2.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/31Fetched: 10/17/2026