Ind. Code ch. 31-26-4

in effect

Ind. Code § 31-26-4-1 Purpose

Sec. 1. (a) The purpose of the Indiana kids first trust program and this chapter is to recognize that: (1) the children of the state are its single greatest resource; (2) children require the utmost protection to guard their future and the future of the state; (3) it is in the public interest to protect children from abuse and neglect; and (4) it is in the public interest to reduce infant mortality. (b) The Indiana kids first trust program shall provide funds for community programs that prevent child abuse and neglect. (c) The Indiana kids first trust program shall provide funds for community programs that reduce infant mortality from the infant mortality account established by section 14 of this chapter. As added by P.L.145-2006, SEC.272.

Ind. Code § 31-26-4-2 "Board"

Note: This version of section effective until 7-1-2027. See also following repeal of this section, effective 7-1-2027. Sec. 2. As used in this chapter, "board" refers to the Indiana kids first trust fund board established by section 5 of this chapter. As added by P.L.145-2006, SEC.272.

Ind. Code § 31-26-4-2 Repealed

Note: This repeal of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027. As added by P.L.145-2006, SEC.272. Repealed by P.L.152-2026, SEC.452.

Ind. Code § 31-26-4-2.1 "Commission"

Effective 7-1-2027. Sec. 2.1. As used in this chapter, "commission" refers to the commission on improving the status of children in Indiana established by IC 2-5-36-3. As added by P.L.152-2026, SEC.453.

Ind. Code § 31-26-4-2.3 Treatment of references to Indiana children's trust fund board; transfer of property to board

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. Sec. 2.3. (a) After June 30, 2003, any reference in a statute or rule referring to the Indiana children's trust fund board is considered a reference to the board. (b) On July 1, 2003, the board becomes the owner of all the personal property and assets and assumes the obligations and liabilities of the Indiana children's trust fund board, as it existed before July 1, 2003. As added by P.L.220-2011, SEC.506.

Ind. Code § 31-26-4-2.3 References to Indiana children's trust fund board; transfer of certain personal property, assets, obligations, and liabilities to the commission on improving the status of children in Indiana

Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027. Sec. 2.3. (a) After June 30, 2003, and before July 1, 2027, any reference in a statute or rule referring to the Indiana children's trust fund board is considered a reference to the board. (b) This subsection does not apply after June 30, 2027. On July 1, 2003, the board becomes the owner of all the personal property and assets and assumes the obligations and liabilities of the Indiana children's trust fund board, as it existed before July 1, 2003. (c) After June 30, 2027, any reference in a statute or rule referring to the Indiana children's trust fund board is considered a reference to the commission. (d) On July 1, 2027, the commission becomes the owner of all the personal property and assets and assumes the obligations and liabilities of the Indiana children's trust fund board, as it existed before July 1, 2027. As added by P.L.220-2011, SEC.506. Amended by P.L.152-2026, SEC.454.

Ind. Code § 31-26-4-3 "Fund"

Sec. 3. As used in this chapter, "fund" refers to the Indiana kids first trust fund established by section 12 of this chapter. As added by P.L.145-2006, SEC.272.

Ind. Code § 31-26-4-4 "Project"

Sec. 4. As used in this chapter, "project" means an undertaking: (1) that furthers the purposes of this chapter; and (2) for which an expenditure from the fund may be made. As added by P.L.145-2006, SEC.272.

Ind. Code § 31-26-4-5 Indiana kids first trust fund board

Note: This version of section effective until 7-1-2027. See also following repeal of this section, effective 7-1-2027. Sec. 5. (a) The Indiana kids first trust fund board is established. (b) The purpose of the board is to determine whether proposed projects under this chapter should be approved and to perform other duties given to the board by this chapter. The board shall approve projects and recommend to the department that the projects receive funds under sections 12 and 14 of this chapter. (c) The board shall, before January 1 of each year, prepare a budget for expenditures from the fund for the following state fiscal year. The budget must contain priorities for expenditures from the fund to accomplish the projects that have been approved under this chapter. The budget shall be submitted to the department and the budget committee. (d) The board may employ staff necessary to carry out the duties of the board. (e) The board may establish a nonprofit subsidiary corporation under section 17 of this chapter. As added by P.L.145-2006, SEC.272. Amended by P.L.93-2021, SEC.1.

Ind. Code § 31-26-4-5 Repealed

Note: This repeal of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027. As added by P.L.145-2006, SEC.272. Amended by P.L.93-2021, SEC.1. Repealed by P.L.152-2026, SEC.455.

Ind. Code § 31-26-4-5.5 Duties and powers of the commission

Effective 7-1-2027. Sec. 5.5. (a) After June 30, 2027, the commission shall determine whether proposed projects under this chapter should be approved and to perform other duties as directed by this chapter. The commission shall approve projects and recommend to the department that the projects receive funds under sections 12 and 14 of this chapter. (b) The commission shall annually prepare a budget for expenditures from the fund for the following state fiscal year. The budget must contain priorities for expenditures from the fund to accomplish the projects that have been approved under this chapter. The commission shall submit a budget to the department and the budget committee before January 1, 2028, and each year thereafter. (c) The commission may employ staff necessary to carry out the duties of the commission under this chapter. (d) The commission may establish a nonprofit subsidiary corporation under section 17 of this chapter (before its repeal). As added by P.L.152-2026, SEC.456.

Ind. Code § 31-26-4-6 Members of board

Note: This version of section effective until 7-1-2027. See also following repeal of this section, effective 7-1-2027. Sec. 6. The board consists of the following ten (10) members: (1) Two (2) individuals who are not members of the general assembly, appointed by the president pro tempore of the senate with advice from the minority leader of the senate. (2) Two (2) individuals who are not members of the general assembly, appointed by the speaker of the house of representatives with advice from the minority leader of the house of representatives. (3) The director of the department or the director's designee. (4) Four (4) individuals appointed by the governor as follows: (A) One (1) individual who represents the general public. (B) Two (2) individuals who represent child advocacy organizations. (C) One (1) individual who represents the medical community. (5) The commissioner of the Indiana department of health or the commissioner's designee. An individual designated by the commissioner under this subdivision must have knowledge of or experience in issues relating to: (A) the prevention of child abuse and neglect; and (B) the reduction of infant mortality. As added by P.L.145-2006, SEC.272. Amended by P.L.56-2023, SEC.298.

Ind. Code § 31-26-4-6 Repealed

Note: This repeal of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027. As added by P.L.145-2006, SEC.272. Amended by P.L.56-2023, SEC.298. Repealed by P.L.152-2026, SEC.457.

Ind. Code § 31-26-4-7 Chairperson and vice chairperson of board

Note: This version of section effective until 7-1-2027. See also following repeal of this section, effective 7-1-2027. Sec. 7. (a) The members shall annually choose a chairperson and vice chairperson from among the members of the board under this section. (b) The director of the department or the director's designee may not serve as chairperson or vice chairperson. (c) If the member chosen as chairperson was appointed as a member by the president pro tempore of the senate or the speaker of the house of representatives, the vice chairperson must be chosen from among the members appointed by the governor. If the member chosen as chairperson was appointed as a member by the governor, the vice chairperson must be chosen from among the members appointed by the president pro tempore of the senate or the speaker of the house of representatives. As added by P.L.145-2006, SEC.272.

Ind. Code § 31-26-4-7 Repealed

Note: This repeal of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027. As added by P.L.145-2006, SEC.272. Repealed by P.L.152-2026, SEC.458.

Ind. Code § 31-26-4-8 Meetings; quorum; voting of board; minutes

Note: This version of section effective until 7-1-2027. See also following repeal of this section, effective 7-1-2027. Sec. 8. (a) The board shall meet at least quarterly and at the call of the chair. (b) A majority of the appointed members of the board constitutes a quorum. The board may take action only in the presence of a quorum. (c) The affirmative vote of a majority of the members of the board participating in a board meeting is necessary for the board to take any action at the meeting. (d) The board shall post the minutes of a meeting on the board's Internet web site not later than ten (10) days after the minutes are approved by the board. As added by P.L.145-2006, SEC.272. Amended by P.L.93-2021, SEC.2.

Ind. Code § 31-26-4-8 Repealed

Ind. Code § 31-26-4-9 Terms of board members

Note: This version of section effective until 7-1-2027. See also following repeal of this section, effective 7-1-2027. Sec. 9. (a) The term of a board member begins on the later of the following: (1) The day the term of the member whom the individual is appointed to succeed expires. (2) The day the individual is appointed. (b) The term of a member expires July 1 of the fourth year after the member is appointed. However, a member serves at the pleasure of the appointing authority. (c) The appointing authority may reappoint a member for a new term. (d) The appointing authority shall appoint an individual to fill a vacancy among the members. As added by P.L.145-2006, SEC.272. Amended by P.L.93-2021, SEC.3.

Ind. Code § 31-26-4-9 Repealed

Ind. Code § 31-26-4-10 Compensation of board members

Note: This version of section effective until 7-1-2027. See also following repeal of this section, effective 7-1-2027. Sec. 10. (a) Each member of the board who is not a state employee is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). The member is also entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency. (b) Each member of the board who is a state employee is entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency. As added by P.L.145-2006, SEC.272.

Ind. Code § 31-26-4-10 Repealed

Note: This repeal of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027. As added by P.L.145-2006, SEC.272. Repealed by P.L.152-2026, SEC.461.

Ind. Code § 31-26-4-11 Strategic plan; plan proposal and fund request method

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. Sec. 11. The board shall adopt and make available to the public: (1) a strategic plan to implement the purposes of this chapter; and (2) a method for proposing projects and requesting funds from the Indiana kids first trust fund. As added by P.L.145-2006, SEC.272.

Ind. Code § 31-26-4-11 Strategic plan; plan proposal and fund request method

Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027. Sec. 11. The commission shall adopt and make available to the public: (1) a strategic plan to implement the purposes of this chapter; and (2) a method for proposing projects and requesting funds from the Indiana kids first trust fund. As added by P.L.145-2006, SEC.272. Amended by P.L.152-2026, SEC.462.

Ind. Code § 31-26-4-12 Indiana kids first trust fund

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. Sec. 12. (a) The Indiana kids first trust fund is established to carry out the purposes of this chapter. (b) The fund consists of the following: (1) Appropriations made by the general assembly. (2) Interest as provided in subsection (e). (3) Fees from kids first trust license plates issued under IC 9-18-30 (before its expiration) or IC 9-18.5-14. (4) Money donated to the fund, including donations from a nonprofit subsidiary corporation established under section 17 of this chapter. (5) Money transferred to the fund from other funds. (c) The treasurer of state shall administer the fund. (d) The expenses of administering the fund and this chapter shall be paid from the fund. (e) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public trust funds are invested. Interest that accrues from these investments shall be deposited in the fund. (f) An appropriation made by the general assembly to the fund shall be allotted and allocated at the beginning of the fiscal period for which the appropriation was made. (g) Money in the fund at the end of a state fiscal year does not revert to the state general fund or any other fund. (h) Subject to this chapter, there is annually appropriated to the department all money in the fund for the purposes of this chapter. However, the department may not request the allotment of money from the appropriation for a project that has not been approved and recommended by the board. As added by P.L.145-2006, SEC.272. Amended by P.L.198-2016, SEC.660; P.L.93-2021, SEC.4.

Ind. Code § 31-26-4-12 Indiana kids first trust fund

Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027. Sec. 12. (a) The Indiana kids first trust fund is established to carry out the purposes of this chapter. (b) The fund consists of the following: (1) Appropriations made by the general assembly. (2) Interest as provided in subsection (e). (3) Fees from kids first trust license plates issued under IC 9-18-30 (before its expiration) or IC 9-18.5-14. (4) Money donated to the fund, including donations from a nonprofit subsidiary corporation established under section 17 of this chapter (before its repeal). (5) Money transferred to the fund from other funds. (c) The treasurer of state shall administer the fund. (d) The expenses of administering the fund and this chapter shall be paid from the fund. (e) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public trust funds are invested. Interest that accrues from these investments shall be deposited in the fund. (f) An appropriation made by the general assembly to the fund shall be allotted and allocated at the beginning of the fiscal period for which the appropriation was made. (g) Money in the fund at the end of a state fiscal year does not revert to the state general fund or any other fund. (h) Subject to this chapter, there is annually appropriated to the department all money in the fund for the purposes of this chapter. However, the department may not request the allotment of money from the appropriation for a project that has not been approved and recommended by the commission. As added by P.L.145-2006, SEC.272. Amended by P.L.198-2016, SEC.660; P.L.93-2021, SEC.4; P.L.152-2026, SEC.463.

Ind. Code § 31-26-4-13 Use of fund money

Sec. 13. (a) Except as provided in subsection (b), money in the fund may be used for projects that propose to accomplish the following: (1) The support, development, and operation in local communities of programs that prevent child abuse and neglect. (2) The development of innovative local programs of education and training concerning child abuse and neglect. (3) The promotion of public awareness of child abuse and neglect. (4) Statewide efforts to prevent child abuse and neglect. (b) Money in the infant mortality account established within the fund under section 14 of this chapter may be used only for projects that: (1) support, develop, and operate programs that reduce infant mortality in local communities; (2) develop innovative local programs of education and training concerning infant mortality; (3) promote public awareness of infant mortality; or (4) promote statewide efforts to reduce infant mortality. (c) Money in the fund may not be granted to a state or local unit of government. (d) The cost of any salary and benefits paid to staff employed under this chapter: (1) shall be paid from money in the fund; and (2) may not exceed forty-five thousand dollars ($45,000) during any fiscal year. As added by P.L.145-2006, SEC.272.

Ind. Code § 31-26-4-14 Infant mortality account

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. Sec. 14. (a) The infant mortality account is established within the fund for the purpose of providing money for education and programs approved by the board under section 5(b) of this chapter to reduce infant mortality in Indiana. The account shall be administered by the treasurer of state. (b) Expenses of administering the account shall be paid from money in the account. The account consists of the following: (1) Appropriations to the account. (2) Money donated to the account. (c) The treasurer of state shall invest the money in the account not currently needed to meet the obligations of the account in the same manner as other public money may be invested. Interest that accrues from these investments shall be deposited in the account. (d) Money in the account at the end of a state fiscal year does not revert to the state general fund. As added by P.L.145-2006, SEC.272. Amended by P.L.156-2011, SEC.40.

Ind. Code § 31-26-4-14 Infant mortality account

Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027. Sec. 14. (a) The infant mortality account is established within the fund for the purpose of providing money for education and programs approved by the commission under section 5.5(a) of this chapter to reduce infant mortality in Indiana. The account shall be administered by the treasurer of state. (b) Expenses of administering the account shall be paid from money in the account. The account consists of the following: (1) Appropriations to the account. (2) Money donated to the account. (c) The treasurer of state shall invest the money in the account not currently needed to meet the obligations of the account in the same manner as other public money may be invested. Interest that accrues from these investments shall be deposited in the account. (d) Money in the account at the end of a state fiscal year does not revert to the state general fund. As added by P.L.145-2006, SEC.272. Amended by P.L.156-2011, SEC.40; P.L.152-2026, SEC.464.

Ind. Code § 31-26-4-15 Annual report

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. Sec. 15. Before October 1 of each year, the board shall prepare a report concerning the program established by this chapter for the public and the general assembly. A report prepared under this section for the general assembly must be in an electronic format under IC 5-14-6. As added by P.L.145-2006, SEC.272.

Ind. Code § 31-26-4-15 Annual report

Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027. Sec. 15. (a) This subsection applies to a calendar year ending before January 1, 2027. Before October 1 of each year, the board shall prepare a report concerning the program established by this chapter for the public and the general assembly. A report prepared under this section for the general assembly must be in an electronic format under IC 5-14-6. (b) This subsection applies to a calendar year beginning after December 31, 2026. Before October 1 of each year, the commission shall prepare a report concerning the program established by this chapter for the public and the general assembly. The commission shall submit the report to the general assembly in an electronic format under IC 5-14-6. As added by P.L.145-2006, SEC.272. Amended by P.L.152-2026, SEC.465.

Ind. Code § 31-26-4-16 Adoption of rules

Sec. 16. The department may adopt rules under IC 4-22-2 to implement this chapter. As added by P.L.145-2006, SEC.272.

Ind. Code § 31-26-4-17 Nonprofit subsidiary corporation; duties; report

Note: This version of section effective until 7-1-2027. See also following repeal of this section, effective 7-1-2027. Sec. 17. (a) The board may establish a nonprofit subsidiary corporation that is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code to solicit and accept private funding, gifts, donations, bequests, devises, and contributions. (b) The board shall study the topic of establishing a nonprofit subsidiary corporation described in subsection (a). Not later than December 31, 2021, the board shall submit a report to the general assembly in an electronic format under IC 5-14-6 addressing the board's findings and determinations under this subsection. If the board determines to establish a nonprofit subsidiary corporation as described in subsection (a), the report must also include an implementation plan and estimated budget for the establishment of the nonprofit subsidiary corporation. (c) A subsidiary corporation established under this section is governed by a board of directors comprised of members appointed by the Indiana kids first trust fund board. Employees of the Indiana kids first trust fund board may serve on the board of directors of the subsidiary corporation. A subsidiary corporation established under this section: (1) shall use money received under subsection (a) to carry out, in any manner, the purposes and programs of the board; (2) shall report to the budget committee each year concerning: (A) the use of money received; and (B) the balances in any accounts or funds established by the subsidiary corporation; (3) may donate money received to the Indiana kids first trust fund; and (4) may deposit money received in an account or fund that is: (A) administered by the subsidiary corporation; and (B) not part of the state treasury. (d) The board of directors of a subsidiary corporation established under this section shall post the minutes of a meeting on the subsidiary corporation's Internet web site not later than ten (10) days after the minutes are approved by the board of directors. (e) Employees of the Indiana kids first trust fund board shall provide administrative support for a subsidiary corporation established under this section. Employees of the board directly involved in the subsidiary corporation may engage in fundraising activities on behalf of the subsidiary corporation. (f) The state board of accounts shall annually audit a subsidiary corporation established under this section. As added by P.L.93-2021, SEC.5.

Ind. Code § 31-26-4-17 Repealed

Note: This repeal of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027. As added by P.L.93-2021, SEC.5. Repealed by P.L.152-2026, SEC.466.

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