Ind. Code ch. 31-34-21

Ind. Code ch. 31-34-21
in effect

Ind. Code § 31-34-21-0.1 Application of certain amendments to chapter

Sec. 0.1. The addition of section 7.7 of this chapter by P.L.217-2001 applies to all proceedings pending under IC 31-34 on July 1, 2001, and to all proceedings commenced under IC 31-34 after June 30, 2001. As added by P.L.220-2011, SEC.515.

Ind. Code § 31-34-21-0.2 First periodic case review; petition to terminate parent-child relationship; conditions; required notice

Sec. 0.2. At a child's first periodic case review occurring after June 30, 1998, the local office is required to advise the child's parent, guardian, or custodian in writing that a petition to terminate the parent-child relationship must be filed with respect to the child after June 30, 1999, if the child has been removed from the child's parent and has been under the supervision of a local office for at least fifteen (15) months of the most recent twenty-two (22) months. However, if a child's parent, guardian, or custodian fails to appear at the first periodic case review occurring after June 30, 1998, the local office shall make reasonable efforts to send notice of the advisement to the last known address of the parent, guardian, or custodian. As added by P.L.220-2011, SEC.516. Amended by P.L.128-2012, SEC.166.

Ind. Code § 31-34-21-1 Progress reports; procedure for modification of decree

Sec. 1. (a) At any time after the date of an original dispositional decree, the juvenile court may order the department to file a report on the progress made in implementing the decree. (b) The juvenile court shall order the department to file a report every three (3) months after the dispositional decree is entered on the progress made in implementing the decree. (c) If, after reviewing the report, the juvenile court seeks to consider modification of the dispositional decree, the juvenile court shall proceed under IC 31-34-23. [Pre-1997 Recodification Citation: 31-6-4-19(a) part.] As added by P.L.1-1997, SEC.17. Amended by P.L.145-2006, SEC.313; P.L.146-2006, SEC.51.

Ind. Code § 31-34-21-2 Periodic case review

Sec. 2. (a) The case of each child in need of services under the supervision of the department must be reviewed at least once every six (6) months, or more often, if ordered by the court. (b) The first of these periodic case reviews must occur: (1) at least six (6) months after the date of the child's removal from the child's parent, guardian, or custodian; or (2) at least six (6) months after the date of the dispositional decree; whichever comes first. (c) Each periodic case review must be conducted by the juvenile court in a formal court hearing. (d) The court may perform a periodic case review any time after a progress report is filed as described in section 1 of this chapter. [Pre-1997 Recodification Citation: 31-6-4-19(b) part.] As added by P.L.1-1997, SEC.17. Amended by P.L.35-1998, SEC.9; P.L.145-2006, SEC.314; P.L.146-2006, SEC.52; P.L.146-2008, SEC.605.

Ind. Code § 31-34-21-3 Progress report required before case review

Sec. 3. Before a case review under section 2 of this chapter, the department shall prepare a report in accordance with IC 31-34-22 on the progress made in implementing the dispositional decree. [Pre-1997 Recodification Citation: 31-6-4-19(d) part.] As added by P.L.1-1997, SEC.17. Amended by P.L.145-2006, SEC.315; P.L.146-2008, SEC.606.

Ind. Code § 31-34-21-4 Notice of case review; testimony in periodic case review

Sec. 4. (a) Except as provided in subsection (f), at least seven (7) days before the periodic case review, including a case review that is a permanency hearing under section 7 of this chapter, the department shall provide notice of the review to each of the following: (1) The child's parent, guardian, or custodian. (2) An attorney who has entered an appearance on behalf of the child's parent, guardian, or custodian. (3) A prospective adoptive parent named in a petition for adoption of the child filed under IC 31-19-2 if: (A) each consent to adoption of the child that is required under IC 31-19-9-1 has been executed in the form and manner required by IC 31-19-9 and filed with the local office; (B) the court having jurisdiction in the adoption case has determined under any applicable provision of IC 31-19-9 that consent to adoption is not required from a parent, guardian, or custodian; or (C) a petition to terminate the parent-child relationship between the child and any parent who has not executed a written consent to adoption under IC 31-19-9-2 has been filed under IC 31-35 and is pending. (4) The child's foster parent or long term foster parent. (5) Any other person who: (A) the department has knowledge is currently providing care for the child; and (B) is not required to be licensed under IC 12-17.2 or IC 31-27 to provide care for the child. (6) Any other suitable relative or person whom the department knows has had a significant or caretaking relationship to the child. (b) The department shall present proof of service of the notice required by subsection (a) at the periodic case review. (c) The department shall provide notices under this section as provided in IC 31-32-1-4. (d) The court shall provide to a person described in subsection (a) an opportunity to be heard and to make any recommendations to the court in a periodic case review, including a permanency hearing under section 7 of this chapter. The right to be heard and to make recommendations under this subsection includes: (1) the right of a person described in subsection (a) to submit a written statement to the court that, if served upon all parties to the child in need of services proceeding and the persons described in subsection (a), may be made a part of the court record; and (2) the right to present oral testimony to the court and cross examine any of the witnesses at the hearing. (e) The department and the office of judicial administration, in collaboration with foster parents and other stakeholders, shall prepare a form that may be used to provide written testimony to the court under this section. The department shall post the form on the department's website. Foster parents may provide written testimony to the court in a format other than the form described in this subsection. (f) Except as provided in subsection (g), this section does not exempt the department from sending a notice of the review to each party to the child in need of services proceeding. (g) If the parent of a safe haven infant does not disclose the parent's name as allowed by IC 31-34-2.5-1(c), the parent is not required to be notified of a proceeding described in subsection (a). [Pre-1997 Recodification Citation: 31-6-4-19(b) part.] As added by P.L.1-1997, SEC.17. Amended by P.L.35-1998, SEC.10; P.L.133-2000, SEC.6; P.L.217-2001, SEC.9; P.L.152-2003, SEC.2; P.L.145-2006, SEC.316; P.L.72-2008, SEC.3; P.L.128-2012, SEC.167; P.L.210-2019, SEC.12; P.L.30-2025, SEC.7.

Ind. Code § 31-34-21-4.5 Petition to request intervention

Sec. 4.5. A: (1) foster parent; (2) long term foster parent; (3) person who has been a foster parent; or (4) person who is an unlicensed kinship caregiver; may petition the court to request intervention as a party to a proceeding as set forth in IC 31-32-2.5. As added by P.L.133-2000, SEC.7. Amended by P.L.152-2003, SEC.3; P.L.145-2006, SEC.317; P.L.183-2017, SEC.51; P.L.210-2019, SEC.13; P.L.68-2022, SEC.4; P.L.46-2024, SEC.19.

Ind. Code § 31-34-21-5 Determinations; written findings; permanency plan requirements

Sec. 5. (a) Subject to subsection (c), the court shall determine: (1) whether the child's case plan, services, and placement meet the special needs and best interests of the child; (2) whether the department has made reasonable efforts to provide family services, unless a finding has been made under section 5.6 of this chapter that reasonable efforts for family preservation or reunification are not required; (3) if the child was removed from the care or custody of the child's parent, guardian, or custodian, a projected date for the child's return home; and (4) a projected date for the child's adoption placement, the child's emancipation, or the appointment of a legal guardian for the child under section 7.5(c)(1)(D) of this chapter. (b) The determination of the court under subsection (a) must be based on findings written after consideration of the following: (1) Whether the department, the child, or the child's parent, guardian, or custodian has complied with the child's case plan. (2) Written documentation containing descriptions of: (A) the family services that have been offered or provided to the child or the child's parent, guardian, or custodian; (B) the dates during which the family services were offered or provided; and (C) the outcome arising from offering or providing the family services. (3) The extent of the efforts made by the department to offer and provide family services. (4) The extent to which the parent, guardian, or custodian has enhanced the ability to fulfill parental obligations. (5) The extent to which the parent, guardian, or custodian has visited the child, including the reasons for infrequent visitation. (6) The extent to which the parent, guardian, or custodian has cooperated with the department. (7) The child's recovery from any injuries suffered before removal. (8) Whether any additional services are required for the child or the child's parent, guardian, or custodian and, if so, the nature of those services. (9) The extent to which the child has been rehabilitated. (10) If the child is placed out-of-home, whether the child is in the least restrictive, most family-like setting, and whether the child is placed close to the home of the child's parent, guardian, or custodian. (11) The extent to which the causes for the child's out-of-home placement or supervision have been alleviated. (12) Whether current placement or supervision by the department should be continued. (13) The extent to which the child's parent, guardian, or custodian has participated or has been given the opportunity to participate in case planning, periodic case reviews, dispositional reviews, placement of the child, and visitation. (14) Whether the department has made reasonable efforts to reunify or preserve a child's family unless reasonable efforts are not required under section 5.6 of this chapter. (15) Subject to subsection (c), whether it is an appropriate time to prepare or implement a permanency plan for the child under section 7.5 of this chapter. (16) If: (A) the child has been in an out-of-home placement at any time during the child in need of services proceeding; and (B) the child's dispositional decree includes an order under IC 31-34-20-1(a)(6) requiring the child's parent, guardian, or custodian to receive reunification services; the amount of time remaining for the parent, guardian, or custodian to complete the reunification services under IC 31-34-20-1.6. (c) The permanency plan for a child who has, at the time of a periodic case review or permanency hearing, been removed from the child's parent for at least twelve (12) months of the most recent twenty-two (22) months, must include at least one (1) intended permanent or long term arrangement for care and custody of the child under section 7.5(c) of this chapter other than reunification of the child with the child's parent, guardian, or custodian. [Pre-1997 Recodification Citation: 31-6-4-19(b) part.] As added by P.L.1-1997, SEC.17. Amended by P.L.35-1998, SEC.11; P.L.145-2006, SEC.318; P.L.146-2008, SEC.607; P.L.156-2020, SEC.118; P.L.69-2024, SEC.1; P.L.179-2025, SEC.18; P.L.84-2026, SEC.17.

Ind. Code § 31-34-21-5.5 Reasonable efforts to preserve and reunify families

Sec. 5.5. (a) In determining the extent to which reasonable efforts to reunify or preserve a family are appropriate under this chapter, the child's health, welfare, and safety are of paramount concern. (b) Except as provided in section 5.6 of this chapter, the department 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 31-9-2.1-58) 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. As added by P.L.35-1998, SEC.12. Amended by P.L.1-1999, SEC.62; P.L.145-2006, SEC.319; P.L.48-2012, SEC.64; P.L.179-2025, SEC.19; P.L.145-2026, SEC.208.

Ind. Code § 31-34-21-5.6 Exceptions to requirement to make reasonable efforts to preserve and reunify families

Sec. 5.6. (a) Except as provided in subsection (c), a court may make a finding described in this section at any phase of a child in need of services proceeding. (b) Reasonable efforts to reunify a child with the child's parent, guardian, or custodian or preserve a child's family as described in section 5.5 of this chapter are not required if the court finds any of the following: (1) A parent, guardian, or custodian of the child has been convicted of: (A) an offense described in IC 31-35-3-4(1)(B) or IC 31-35-3-4(1)(D) through IC 31-35-3-4(1)(J) against a victim who is: (i) a child described in IC 31-35-3-4(2)(B); or (ii) a parent of the child; or (B) a comparable offense as described in clause (A) in any other state, territory, or country by a court of competent jurisdiction. (2) A parent, guardian, or custodian of the child: (A) has been convicted of: (i) the murder (IC 35-42-1-1) or voluntary manslaughter (IC 35-42-1-3) of a victim who is a child described in IC 31-35-3-4(2)(B) or a parent of the child; or (ii) a comparable offense described in item (i) in any other state, territory, or country; (B) has been convicted of: (i) aiding, inducing, or causing another person; (ii) attempting; or (iii) conspiring with another person; to commit an offense described in clause (A); (C) is required to register: (i) as a sex offender under 34 U.S.C. 20913; or (ii) as a sex or violent offender under IC 36-2-13-5.5; or (D) committed an offense described in IC 31-34-1-3 or IC 31-34-1-3.5 against a child and the offense resulted in a conviction or a judgment under IC 31-34-11-2. (3) A parent, guardian, or custodian of the child has been convicted of: (A) battery as a Class A felony (for a crime committed before July 1, 2014) or Level 2 felony (for a crime committed after June 30, 2014); (B) battery as a Class B felony (for a crime committed before July 1, 2014) or Level 3 or Level 4 felony (for a crime committed after June 30, 2014); (C) battery as a Class C felony (for a crime committed before July 1, 2014) or Level 5 felony (for a crime committed after June 30, 2014); (D) aggravated battery (IC 35-42-2-1.5); (E) criminal recklessness (IC 35-42-2-2) 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); (F) neglect of a dependent (IC 35-46-1-4) as a Class B felony (for a crime committed before July 1, 2014) or a Level 1 or Level 3 felony (for a crime committed after June 30, 2014); (G) promotion of human labor trafficking, promotion of human sexual trafficking, promotion of child sexual trafficking, promotion of sexual trafficking of a younger child, child sexual trafficking, or human trafficking (IC 35-42-3.5-1 through IC 35-42-3.5-1.4) as a felony; or (H) a comparable offense described in clauses (A) through (G) under federal law or in another state, territory, or country; against a child described in IC 31-35-3-4(2)(B). (4) The parental rights of a parent with respect to a biological or adoptive sibling of the child have been involuntarily terminated by a court under: (A) IC 31-35-2 (involuntary termination involving a delinquent child or a child in need of services); (B) IC 31-35-3 (involuntary termination involving an individual convicted of a criminal offense); or (C) any comparable law described in clause (A) or (B) in any other state, territory, or country. (5) The child is an abandoned infant, provided that the court: (A) has appointed a guardian ad litem or court appointed special advocate for the child; and (B) after receiving a written report and recommendation from the guardian ad litem or court appointed special advocate, and after a hearing, finds that reasonable efforts to locate the child's parents or reunify the child's family would not be in the best interests of the child. (6) The child is a safe haven infant. (7) The child: (A) was the subject of two (2) or more previous: (i) child in need of services proceedings under this chapter; or (ii) proceedings under comparable law in another state; and (B) was removed from the home of the child's parent, guardian, or custodian under: (i) a dispositional decree entered under IC 31-34-20-1; or (ii) a court order issued under comparable law in another state; in each of the proceedings described in clause (A); and the court finds that each removal described in clause (B) was the result of conditions caused by the parent, guardian, or custodian. (c) During or at any time after the first periodic case review under IC 31-34-21-2 of a child in need of services proceeding, if the court finds that a parent, guardian, or custodian of the child has been charged with an offense described in subsection (b)(3) and is awaiting trial, the court may make a finding that reasonable efforts to reunify the child with the child's parent, guardian, or custodian or preserve the child's family as described in section 5.5 of this chapter may be suspended pending the disposition of the parent's, guardian's, or custodian's criminal charge. As added by P.L.35-1998, SEC.13. Amended by P.L.197-1999, SEC.5; P.L.133-2000, SEC.8; P.L.222-2001, SEC.2; P.L.217-2001, SEC.10; P.L.1-2003, SEC.78; P.L.158-2013, SEC.323; P.L.46-2016, SEC.15; P.L.144-2018, SEC.7; P.L.10-2019, SEC.125; P.L.45-2023, SEC.11; P.L.19-2024, SEC.1.

Ind. Code § 31-34-21-5.7 Permanency plan; requirement; approval; reports and orders not required

Sec. 5.7. (a) This section applies at any phase of a child in need of services proceeding whenever a court enters a finding that reasonable efforts to reunify or preserve a child's family are not required under section 5.6 of this chapter. (b) The department shall do the following: (1) Complete a permanency plan for the child that complies with the requirements of section 7.5 of this chapter. (2) Seek court approval of the permanency plan under section 7 of this chapter. (3) Refer a case to the permanency roundtable if the department places a child in a child caring institution, group home, or private secure facility. (c) Notwithstanding any otherwise applicable requirements under IC 31-34, whenever the department seeks approval of a permanency plan for the child under subsection (b), the following reports, orders, and hearings are not required: (1) A predispositional report to consider participation of a child's parent, guardian, or custodian in any program of care, treatment, or rehabilitation of the child. (2) A dispositional decree under IC 31-34-19-6 and findings and conclusions under IC 31-34-19-10 that concern: (A) participation of the child's parent, guardian, or custodian in a program for future care or treatment of the child; or (B) reasonable efforts to prevent the child's removal from the child's home or to reunite the child with the child's parent, guardian, or custodian. As added by P.L.35-1998, SEC.14. Amended by P.L.145-2006, SEC.320; P.L.48-2012, SEC.65.

Ind. Code § 31-34-21-5.8 Certain reasonable efforts required if preservation and reunification inconsistent with permanency plan; progress reports, case reviews, and postdispositional hearings not required

Sec. 5.8. (a) This section applies only if a court has approved a permanency plan for a child under section 7(b)(5) of this chapter. (b) If the continuation of reasonable efforts to preserve and reunify a child in need of services with the child's family is inconsistent with the child's permanency plan, the department shall make reasonable efforts to: (1) with court approval place the child in an out-of-home placement in accordance with the permanency plan; and (2) complete whatever steps are necessary to finalize the permanent placement of the child in a timely manner. (c) This subsection applies whenever the child's approved permanency plan under section 7 of this chapter is placement of the child for adoption or another planned, permanent living arrangement. Periodic progress reports, case reviews, and postdispositional hearings to determine whether or the extent to which the following have occurred are not required: (1) Whether reasonable efforts have been made to eliminate the need for removal of the child from the child's home or to make it possible for the child to safely return to the child's home. (2) Whether the child is placed in close proximity to the home of the child's parent, guardian, or custodian. As added by P.L.35-1998, SEC.15. Amended by P.L.145-2006, SEC.321; P.L.162-2011, SEC.51.

Ind. Code § 31-34-21-6 Repealed

[Pre-1997 Recodification Citation: 31-6-4-19(b) part.] As added by P.L.1-1997, SEC.17. Repealed by P.L.35-1998, SEC.28.

Ind. Code § 31-34-21-7 Deadline for permanency hearing; permanency plans; continuing juvenile court jurisdiction

Sec. 7. (a) The court shall hold a permanency hearing: (1) not more than thirty (30) days after a court finds that reasonable efforts to reunify or preserve a child's family are not required as described in section 5.6 of this chapter; (2) every twelve (12) months after: (A) the date of the original dispositional decree; or (B) a child in need of services was removed from the child's parent, guardian, or custodian; whichever comes first; (3) if: (A) the child has been removed from the child's parent, guardian, or custodian for at least twelve (12) months; or (B) at least twelve (12) months have expired since the date on which the child's dispositional decree was entered; at the request of any party to the child in need of services proceeding that requests the permanency hearing on the basis that continuation of efforts to reunify or preserve the family are inconsistent with the best interests of the child; or (4) more often if ordered by the juvenile court. (b) The court shall: (1) make the determination and findings required by section 5 of this chapter; (2) consider the question of continued jurisdiction and whether the dispositional decree should be modified; (3) consider recommendations of persons listed under section 4 of this chapter, before approving a permanency plan under subdivision (5); (4) consult with the child in person, or through an interview with or written statement or report submitted by: (A) a guardian ad litem or court appointed special advocate for the child; (B) a case manager; or (C) the person with whom the child is living and who has primary responsibility for the care and supervision of the child; in an age appropriate manner as determined by the court, regarding the proposed permanency plan; (5) consider and approve a permanency plan for the child: (A) that complies with the requirements set forth in section 7.5 of this chapter; and (B) if the child has, at the time of the permanency hearing, been removed from the child's parent for at least twelve (12) months of the most recent twenty-two (22) months, that includes at least one (1) intended permanent or long term arrangement for care and custody of the child under section 7.5(c) of this chapter that would not return the child to the care and custody of the parent, guardian, or custodian from whose care and custody the child has been removed; (6) determine whether an existing permanency plan must be modified; and (7) examine procedural safeguards used by the department to protect parental rights. (c) If a child is less than sixteen (16) years of age, the intended permanent or long term arrangement for care and custody of the child under section 7.5(c) of this chapter may be guardianship or placement with a permanent custodian only if the proposed guardian or custodian appears before the court and testifies as to the individual's willingness to assume custody of the child. (d) If the child is at least sixteen (16) years of age and the proposed permanency plan provides for another planned permanent living arrangement, the court shall, at each permanency hearing, do all the following: (1) Require the department to provide notice of the permanency hearing to the child, in accordance with section 4(a) of this chapter. (2) Provide to the child an opportunity to be heard and to make recommendations to the court, in accordance with section 4(d) of this chapter. (3) Require the department to document or provide testimony regarding the intensive, ongoing, and, as of the date of the hearing, unsuccessful efforts made by the department to return the child home or secure a placement for the child with a fit and willing relative, legal guardian, or adoptive parent, including efforts through the use of search technology, such as social media, to find biological or adoptive family members for the child. (4) Ask the child about the desired permanency outcome for the child and document the child's response. (5) Make a judicial determination explaining why, as of the date of the hearing, another planned permanent living arrangement is the best permanency plan for the child and provide compelling reasons why it continues to not be in the best interests of the child to: (A) return home; (B) be placed for adoption; (C) be placed with a legal guardian; or (D) be placed with a fit and willing relative. (6) Require the department to document or provide testimony regarding the steps the department is taking to ensure that: (A) the child's foster family home, group home, secure private facility, or child caring institution is following the reasonable and prudent parent standard; and (B) the child has regular, ongoing opportunities to engage in age or developmentally appropriate activities, including consulting with the child in an age appropriate manner about the opportunities for the child to participate in the activities. (e) There is a rebuttable presumption that jurisdiction over the child in a child in need of services proceeding continues for not longer than twelve (12) months after the date of the original dispositional decree or twelve (12) months after the child in need of services was removed from the child's parent, guardian, or custodian, whichever occurs first. The state may rebut the presumption and show that jurisdiction should continue by proving that the objectives of the dispositional decree have not been accomplished, that a continuation of the decree with or without any modifications is necessary, and that it is in the child's best interests for the court to maintain its jurisdiction over the child. If the department does not sustain its burden for continued jurisdiction, the court shall: (1) direct the department to establish a permanency plan within thirty (30) days; or (2) discharge the child and the child's parent, guardian, or custodian. The court may retain jurisdiction to the extent necessary to carry out any orders under subdivision (1). [Pre-1997 Recodification Citation: 31-6-4-19(c).] As added by P.L.1-1997, SEC.17. Amended by P.L.35-1998, SEC.16; P.L.1-1999, SEC.63; P.L.14-2000, SEC.64; P.L.145-2006, SEC.322; P.L.138-2007, SEC.74; P.L.72-2008, SEC.4; P.L.104-2015, SEC.40; P.L.69-2024, SEC.2; P.L.179-2025, SEC.20.

Ind. Code § 31-34-21-7.3 Internet posting of information to facilitate adoption of child

Sec. 7.3. (a) This section applies after: (1) a court approves a permanency plan for a child under which the only intended permanent or long term arrangement for care and custody of the child is placement of the child for adoption, if the child is not already in a pre-adoptive placement in a proposed adoptive home; (2) a court authorizes the filing of a petition to terminate the parent-child relationship; or (3) a petition to terminate the parent-child relationship is filed; in relation to a child in need of services. (b) The department shall post the following nonidentifying information on the Internet to facilitate a potential adoptive placement of the child: (1) The child's age, gender, and summary of the child's educational, social, and medical background, including known disabilities. (2) The reason the child was removed from the child's home. (3) Whether a person has expressed an interest in adopting the child. (4) The name, address, and telephone number of a contact person from: (A) the department; (B) the appropriate local office; or (C) the appropriate licensed child placing agency; where a person who may be interested in adopting the child may obtain further information about adopting the child. (5) Whether a petition to terminate the rights of the child's parents has been authorized or filed, and whether the rights of the child's parents have been terminated. (6) An address and telephone number of: (A) the department; (B) the appropriate local office; or (C) the appropriate licensed child placing agency; where a person who may be interested in adopting the child may obtain further information about adopting the child. (c) Except as provided in subsection (d), the information posted under subsection (b) may not identify the name of any of the following persons: (1) The child. (2) The child's biological or adoptive parents. (3) A sibling of the child. (4) A caretaker of the child. (d) If the child is a hard to place child, the information posted by the department under subsection (b) may include the child's first name and picture. (e) The department shall update any relevant information under this section after either of the following: (1) Each of the child's periodic reviews that occur after the information under this section is required to be posted. (2) The rights of the child's parents have been terminated. (f) The department shall remove the information required under subsection (b) from the Internet whenever the child is reunited with the child's family or an adoption of the child is filed under IC 31-19-2. (g) Upon request, the department shall inform the person making the request of the address of the website containing the information described in this section. As added by P.L.35-1998, SEC.17. Amended by P.L.145-2006, SEC.323; P.L.128-2012, SEC.168; P.L.179-2025, SEC.21; P.L.23-2026, SEC.267.

Ind. Code § 31-34-21-7.5 Placement prohibited in residence of individual who has committed certain acts or offenses; criminal history check; contents of permanency plans

Note: This version of section amended by P.L.145-2026, SEC.209. See also following version of this section amended by P.L.158-2026, SEC.29. 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 31-9-2.1-168 if committed by an adult, or has a conviction for a nonwaivable offense, as defined in 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 31-9-2.1-58) 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 31-9-2.1-168 if committed by an adult, or has a conviction for a nonwaivable offense, as defined in 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 31-9-2.1-168 if committed by an adult, or has a conviction for a nonwaivable offense, as defined in 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. (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 31-9-2.1-168 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 31-9-2.1-168 that is not specifically excluded under subdivision (1)(B), or has a juvenile adjudication for an act that would be a nonwaivable offense, as defined in 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. As added by P.L.35-1998, SEC.18. Amended by P.L.70-2004, SEC.23; P.L.234-2005, SEC.184; P.L.145-2006, SEC.324; P.L.146-2008, SEC.608; P.L.128-2012, SEC.169; P.L.158-2013, SEC.324; P.L.104-2015, SEC.41; P.L.65-2016, SEC.16; P.L.183-2017, SEC.52; P.L.243-2019, SEC.18; P.L.142-2020, SEC.45; P.L.156-2020, SEC.119; P.L.145-2026, SEC.209.

Ind. Code § 31-34-21-7.5 Placement prohibited in residence of individual who has committed certain acts or offenses; criminal history check; contents of permanency plans

Note: This version of section amended by P.L.158-2026, SEC.29. See also preceding version of this section amended by P.L.145-2026, SEC.209. 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 if committed by an adult, or has a conviction for a nonwaivable offense, as defined in IC 31-9-2-84.8. (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) 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 if committed by an adult, or has a conviction for a nonwaivable offense, as defined in IC 31-9-2-84.8. 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 if committed by an adult, or has a conviction for a nonwaivable offense, as defined in IC 31-9-2-84.8. (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. (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) (before its repeal) 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 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 that is not specifically excluded under subdivision (1)(B), or has 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 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. As added by P.L.35-1998, SEC.18. Amended by P.L.70-2004, SEC.23; P.L.234-2005, SEC.184; P.L.145-2006, SEC.324; P.L.146-2008, SEC.608; P.L.128-2012, SEC.169; P.L.158-2013, SEC.324; P.L.104-2015, SEC.41; P.L.65-2016, SEC.16; P.L.183-2017, SEC.52; P.L.243-2019, SEC.18; P.L.142-2020, SEC.45; P.L.156-2020, SEC.119; P.L.158-2026, SEC.29.

Ind. Code § 31-34-21-7.6 Documents provided to individual leaving foster care

Sec. 7.6. (a) This section applies to an individual who: (1) is leaving foster care because the individual is eighteen (18) years of age or older; and (2) has been in foster care for at least six (6) months. (b) Before an individual described in subsection (a) leaves foster care, the department shall provide to the individual all the following documents that are applicable to the individual: (1) An official or certified copy of the individual's United States birth certificate. (2) A Social Security card issued for the individual by the Social Security Administration. (3) Insurance records. (4) A copy of the individual's medical records. (5) A driver's license or identification card issued by the state. (6) Information concerning the individual's enrollment in the Medicaid program. (7) A foster care verification form. As added by P.L.104-2015, SEC.42. Amended by P.L.124-2017, SEC.3; P.L.243-2019, SEC.19.

Ind. Code § 31-34-21-7.7 Permanency plan; guardianship; requirements and terms and conditions in order; jurisdiction

Sec. 7.7. (a) If the juvenile court approves a permanency plan under section 7 of this chapter that provides for the appointment of a guardian for a child, the juvenile court may appoint a guardian of the person and administer a guardianship for the child under IC 29-3. (b) If a guardianship of the person proceeding for the child is pending in a probate court, the probate court shall transfer the proceeding to the juvenile court. (c) In creating a guardianship of a minor, a probate or juvenile court may include in an order the requirements and terms and conditions described in IC 29-3-8-9(a). (d) If the juvenile court closes a child in need of services case after creating a guardianship, the juvenile court order creating the guardianship survives the closure of the child in need of services case. (e) If the juvenile court closes the child in need of services case after creating a guardianship, the probate court may assume or reassume jurisdiction of the guardianship and take further action as necessary. As added by P.L.217-2001, SEC.11. Amended by P.L.162-2011, SEC.52.

Ind. Code § 31-34-21-8 Progress report required before formal hearing

Sec. 8. Before a hearing under section 7 of this chapter, the department shall prepare a report in accordance with IC 31-34-22 on the progress made in implementing the dispositional decree. [Pre-1997 Recodification Citation: 31-6-4-19(d) part.] As added by P.L.1-1997, SEC.17. Amended by P.L.145-2006, SEC.325; P.L.146-2008, SEC.609.

Ind. Code § 31-34-21-9 Repealed

[Pre-1997 Recodification Citation: 31-6-4-19(j) part.] As added by P.L.1-1997, SEC.17. Repealed by P.L.46-2016, SEC.16.

Ind. Code § 31-34-21-10 Review of child's legal settlement

Sec. 10. (a) This section applies when a juvenile court reviews the implementation of a decree under this chapter or any other law concerning a child placed in a state licensed private or public health care facility, child care facility, or foster family home. (b) The juvenile court shall review the court's findings under IC 31-34-20-5 and determine whether circumstances have changed the legal settlement of the child. (c) If the child's legal settlement has changed, the court shall issue an order that modifies the court's findings of fact concerning the legal settlement of the child. (d) If the court has not previously made findings of fact concerning legal settlement as provided in IC 31-34-20-5, the court shall make the appropriate findings in its order entered under this chapter. (e) The juvenile court shall comply with the reporting requirements under IC 20-26-11-9 concerning the legal settlement of the child. [Pre-1997 Recodification Citation: 31-6-4-18.5(c) part, (d) part.] As added by P.L.1-1997, SEC.17. Amended by P.L.1-2005, SEC.207.

Ind. Code § 31-34-21-11 Discharge of child

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). [Pre-1997 Recodification Citation: 31-6-4-19(g) part.] As added by P.L.1-1997, SEC.17. Amended by P.L.116-2026, SEC.11.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/31Fetched: 10/17/2026