Ind. Code ch. 31-25-2

Ind. Code ch. 31-25-2
in effect

Ind. Code § 31-25-2-1 "Department"

Sec. 1. As used in this article, "department" refers to the department of child services established by IC 31-25-1-1. As added by P.L.145-2006, SEC.271.

Ind. Code § 31-25-2-2 Personnel

Sec. 2. The director may employ necessary personnel to carry out the department's responsibilities subject to: (1) the budget agency's approval under IC 4-12-1-13; and (2) IC 4-15-2.2. As added by P.L.145-2006, SEC.271. Amended by P.L.6-2012, SEC.206.

Ind. Code § 31-25-2-2.5 No personal liability for official acts

Sec. 2.5. The following are not personally liable, except to the state, for an official act done or omitted in connection with performance of duties under this title: (1) The director of the department. (2) Other officers and employees of the department. As added by P.L.146-2008, SEC.563.

Ind. Code § 31-25-2-3 Department organization

Sec. 3. The director shall determine the best manner of organizing the department to provide the necessary services throughout Indiana to fulfill the purposes of this article. As added by P.L.145-2006, SEC.271.

Ind. Code § 31-25-2-4 Family case manager caseload reports

Sec. 4. One (1) time every twelve (12) months, the department shall submit a report to the budget committee and to the legislative council that provides data and statistical information regarding caseloads of family case managers. The report made to the legislative council must be in an electronic format under IC 5-14-6. As added by P.L.145-2006, SEC.271. Amended by P.L.131-2009, SEC.26.

Ind. Code § 31-25-2-5 Caseload limitations

Sec. 5. (a) The department shall ensure that the department maintains staffing levels of family case managers so that each region has enough family case managers to allow caseloads to be at not more than: (1) twelve (12) active cases relating to initial assessments, including investigations of an allegation of child abuse or neglect; (2) twelve (12) families monitored and supervised in active cases relating to ongoing in-home services; or (3) thirteen (13) children monitored and supervised in active cases relating to ongoing services who are in out-of-home placements. (b) The department shall comply with the maximum caseload ratios described in subsection (a). As added by P.L.145-2006, SEC.271. Amended by P.L.146-2008, SEC.564; P.L.128-2012, SEC.86; P.L.198-2019, SEC.2.

Ind. Code § 31-25-2-6 Report requirements

Sec. 6. The report required under section 4 of this chapter must do the following: (1) Indicate the department's progress in recruiting, training, and retaining family case managers. (2) Describe the methodology used to compute caseloads for each family case manager. (3) Indicate whether the statewide average caseloads for family case managers exceed the caseload standards established by the department. (4) If the report indicates that average caseloads exceed caseload standards, include a written plan that indicates the steps that are being taken to reduce caseloads. (5) Identify, describe, and, if appropriate, recommend best management practices and resources required to achieve effective and efficient delivery of child protection services. As added by P.L.145-2006, SEC.271. Amended by P.L.131-2009, SEC.27.

Ind. Code § 31-25-2-7 Department duties

Sec. 7. (a) The department is responsible for the following: (1) Providing child protection services under this article. (2) Providing and administering child abuse and neglect prevention services. (3) Providing and administering child services. (4) Providing and administering family services. (5) Providing family preservation services under IC 31-26-5. (6) Regulating and licensing the following under IC 31-27: (A) Child caring institutions. (B) Foster family homes. (C) Group homes. (D) Child placing agencies. (7) Administering the state's plan for the administration of Title IV-D of the federal Social Security Act (42 U.S.C. 651 et seq.). (8) Administering foster care services. (9) Administering successful adulthood services (as described in 42 U.S.C. 677 et seq.). (10) Administering adoption and guardianship services. (11) Certifying and providing grants to the youth services bureaus under IC 31-26-1. (12) Administering the project safe program. (13) Paying for programs and services as provided under IC 31-40. (14) Obtaining on an annual basis a consumer report, as defined in 42 U.S.C. 1681a(d), for each child at least fourteen (14) years of age who is in state foster care. (b) This chapter does not authorize or require the department to: (1) investigate or report on proceedings under IC 31-17-2 relating to a child who is not the subject of an open child in need of services case under IC 31-34; or (2) otherwise monitor child custody or visitation in dissolution of marriage proceedings. (c) This chapter does not authorize or require the department to: (1) conduct home studies; or (2) otherwise participate in guardianship proceedings under IC 29-3; other than those over which the juvenile court has jurisdiction under IC 29-3-2-1(c) or IC 31-30-1-1(a)(10). As added by P.L.145-2006, SEC.271. Amended by P.L.146-2008, SEC.565; P.L.128-2012, SEC.87; P.L.104-2015, SEC.15; P.L.115-2023, SEC.4.

Ind. Code § 31-25-2-7.5 Remote child and family services

Sec. 7.5. (a) The department shall before October 1, 2021, establish policies and procedures to allow for child and family services to be provided remotely by October 1, 2021. Subject to subsection (b), these policies and procedures must allow a child and family services provider the discretion to initiate a consultation with the department for any child and family services the provider believes should be provided remotely. The child and family services provider and the child's case manager may take into consideration the following when determining whether remote child and family services are appropriate: (1) The child's: (A) CANS assessment; (B) case plan; and (C) safety plan. (2) The child's and family's: (A) initial safety assessment; (B) initial family risk assessment; and (C) preferences regarding the manner of receiving services. (3) Federal reimbursement requirements. (4) Evidence based practice requirements. (b) A child and family services provider's first meeting with a family, or with a child who lives with the child's family, must be conducted in person unless a declared health emergency makes an in person meeting unsafe. After a child and family services provider's first meeting with a family or with a child who lives with the child's family, or for purposes of providing services to a child who does not live with the child's family, a child and family services provider has the discretion to provide services to the child or family remotely for up to fourteen (14) days after the initial request for consultation if providing services remotely is in the best interests of the child and family, unless: (1) a decision is reached on the use of remote services at a child and family team meeting less than fourteen (14) days after the request for consultation; or (2) the department communicates to the child, family, and service provider a preliminary determination as to the role of remote services pending the child and family team meeting. The child and family services provider shall continue to meet with the child and family in person at least once a week as the department deems necessary. As added by P.L.144-2021, SEC.1.

Ind. Code § 31-25-2-8 Department as single state agency responsible for administering certain grants, funds, and programs; Title IV-E on behalf of Indian children

Sec. 8. (a) The department is the single state agency responsible for administering the following: (1) Title IV-B of the federal Social Security Act under 42 U.S.C. 621 et seq. (2) Title IV-E of the federal Social Security Act under 42 U.S.C. 670 et seq. (3) The federal Child Abuse Prevention and Treatment Act under 42 U.S.C. 5106 et seq. (4) The federal Social Services Block Grant under 42 U.S.C. 1397 et seq. (5) Any other federal program that provides funds to states for services related to the prevention of child abuse and neglect, child welfare services, foster care, successful adulthood services, or adoption services. (b) This subsection applies beginning October 1, 2009. Under 42 U.S.C. 671(a)(32), the department shall negotiate in good faith with any Indian tribe, tribal organization, or tribal consortium in the state that requests to develop an agreement with the state to administer all or part of Title IV-E of the federal Social Security Act under 42 U.S.C. 670 et seq., on behalf of Indian children who are under the authority of the tribe, tribal organization, or tribal consortium. As added by P.L.145-2006, SEC.271. Amended by P.L.131-2009, SEC.28; P.L.7-2015, SEC.51; P.L.104-2015, SEC.16.

Ind. Code § 31-25-2-8.5 Department of child services cost and rate reporting

Sec. 8.5. (a) The following definitions apply throughout this section: (1) "Child services provider" means a: (A) child caring institution licensed under IC 31-27-3; (B) group home licensed under IC 31-27-5; (C) child placing agency licensed under IC 31-27-6; or (D) private secure facility licensed under 465 IAC 2-11. (2) "Cost report" means a report that the department requires a child services provider to submit regarding costs incurred during a twelve (12) month period by or on behalf of each residential treatment program operated or administered by the child services provider. (3) "Rate year" means the year in which a rate is calculated. (b) Not later than May 1 of each year, the department shall prepare and submit to the director of the legislative services agency, for distribution to the members of the general assembly convening in November of that year, a report containing the following information for the most recently completed rate year: (1) The following information with regard to cost reports submitted to the department under 465 IAC 2-16: (A) The: (i) amount; and (ii) proportion, expressed as a percentage; of submitted costs that were disallowed by the department. (B) The proportion, expressed as a percentage, of the total amount of costs disallowed by the department that was disallowed under each category listed in 465 IAC 2-16-21(d)(1) through 465 IAC 2-16-21(d)(7). (C) The number of reviews requested under 465 IAC 2-16-26. (D) Of the total number of rates for which review was requested under 465 IAC 2-16-26, the proportion, expressed as a percentage, of: (i) rates increased upon review; (ii) rates decreased upon review; and (iii) rates neither increased nor decreased upon review. (2) The following information with regard to cost reports submitted to the department under 465 IAC 2-17: (A) The: (i) amount; and (ii) proportion, expressed as a percentage; of submitted costs that were disallowed by the department. (B) The proportion, expressed as a percentage, of the total amount of costs disallowed by the department that was disallowed under each category listed in 465 IAC 2-17-23(d)(1) through 465 IAC 2-17-23(d)(6). (C) The number of reviews requested under 465 IAC 2-17-27. (D) Of the total number of rates for which review was requested under 465 IAC 2-17-27, the proportion, expressed as a percentage, of: (i) rates increased upon review; (ii) rates decreased upon review; and (iii) rates neither increased nor decreased upon review. As added by P.L.61-2021, SEC.1.

Ind. Code § 31-25-2-10 Department duties concerning staff

Sec. 10. (a) This section applies after June 30, 2008. (b) The department of child services: (1) must have sufficient qualified and trained staff to: (A) fulfill the purpose of this article; (B) comply with the maximum caseload ratios for: (i) family case managers; and (ii) child welfare caseworkers; as set forth in IC 31-25-2-5; (2) must be organized to maximize the continuity of responsibility, care, and service of individual family case managers toward individual children and families; (3) must provide training to representatives of the department regarding the legal duties of the representatives in carrying out the responsibility of the department under section 7 of this chapter, which may consist of various methods of informing the representatives of their duties, in order to protect the legal rights and safety of children and families from the initial time of contact during the investigation through treatment; (4) must provide training to representatives of the child protection services system regarding the constitutional rights of the child's family, including a child's guardian or custodian, that is the subject of an assessment of child abuse or neglect consistent with the Fourth Amendment to the United States Constitution and Article 1, Section 11 of the Constitution of the State of Indiana; and (5) shall collaborate with the Indiana Statewide Independent Living Council, Self-Advocates of Indiana, and The Arc of Indiana, and may collaborate with other organizations representing persons with disabilities, to provide appropriate training programs conducted by a person with a disability to educate departmental employees in the rights and capabilities of persons with disabilities. As added by P.L.145-2006, SEC.271. Amended by P.L.131-2009, SEC.30; P.L.146-2021, SEC.11.

Ind. Code § 31-25-2-11 Powers, responsibilities, and duties

Sec. 11. (a) Except in cases involving a child who may be a victim of institutional abuse or cases in which police investigation also appears appropriate, the department is the primary public agency responsible for: (1) receiving; (2) assessing or arranging for assessment of; and (3) coordinating the assessment of; all reports of a child who may be a victim of known or suspected child abuse or neglect. (b) In accordance with a local plan for child protection services, the department shall, by juvenile court order: (1) provide protection services to prevent cases where a child may be a victim of further child abuse or neglect; and (2) provide for or arrange for and coordinate and monitor the provision of the services necessary to ensure the safety of children. (c) Reasonable efforts must be made to provide family services designed to prevent a child's removal from the child's parent, guardian, or custodian. As added by P.L.145-2006, SEC.271. Amended by P.L.131-2009, SEC.31.

Ind. Code § 31-25-2-11.1 Required direct in person contact

Sec. 11.1. Subject to IC 31-33-8-7, the department shall have direct in-person contact with an alleged victim of child abuse or neglect not more than thirty (30) days before the department: (1) concludes an assessment under IC 31-33; or (2) dismisses or terminates a child in need of services case pending before a juvenile court. As added by P.L.37-2026, SEC.1.

Ind. Code § 31-25-2-11.5 Director or director's designee requirements

Sec. 11.5. (a) For purposes of an administrative proceeding regarding an action taken by the department, the director or the director's designee is the ultimate authority of the department. (b) A designee of the director under subsection (a) must be: (1) a deputy director of the department; or (2) an individual who: (A) is an attorney in good standing who is admitted to the practice of law in Indiana; and (B) is an employee of the department, except as otherwise allowed under state and federal law. As added by P.L.13-2021, SEC.8.

Ind. Code § 31-25-2-12 Notice of existence of photographs, x-rays, and physical medical examination reports

Sec. 12. The department shall give notice of the existence and location of photographs, x-rays, and physical medical examination reports to: (1) the appropriate prosecuting attorney; and (2) the appropriate law enforcement agency, if the law enforcement agency has not already received the items described in this section under IC 31-33-10-3. As added by P.L.145-2006, SEC.271.

Ind. Code § 31-25-2-13 Access to photographs, x-rays, and physical medical examination reports

Sec. 13. Photographs, x-rays, or physical medical examination reports shall be made available to: (1) the law enforcement agency having jurisdiction; (2) the department; (3) the prosecuting attorney; (4) the guardian ad litem; or (5) the court appointed special advocate appointed by the juvenile court; for use in any judicial proceeding relating to the subject matter of a report made under this article and, to the extent permissible under the Indiana Rules of Trial Procedure, to the adverse party in any proceeding arising under this article. As added by P.L.145-2006, SEC.271.

Ind. Code § 31-25-2-14 Cooperation with public and private agencies

Sec. 14. (a) The department shall cooperate with and shall seek and receive the cooperation of appropriate public and private agencies, including the following: (1) Law enforcement agencies. (2) The courts. (3) Organizations, groups, and programs providing or concerned with services related to the prevention, identification, or treatment of a child who may be a victim of child abuse or neglect. (b) The department shall also cooperate with public and private agencies, organizations, and groups that provide family services designed to prevent a child's removal from the child's home. (c) Cooperation and involvement under this section may include the following: (1) Consultation services. (2) Planning. (3) Case management. (4) Public education and information services. (5) Use of each other's facilities, staff, and other training. As added by P.L.145-2006, SEC.271.

Ind. Code § 31-25-2-14.5 Child advocacy centers; duties; confidentiality; civil immunity

Sec. 14.5. (a) The department may use a child advocacy center to coordinate a multidisciplinary team for responding to, and through the conclusion of, reports involving child abuse or neglect. (b) A child advocacy center shall do the following: (1) Coordinate a multidisciplinary team that consists of a representative from or described by each of the following: (A) The child advocacy center. (B) Law enforcement. (C) The department. (D) The prosecuting attorney's office. (E) A medical provider. (F) A mental health provider. (G) A victim advocate. Multidisciplinary team members may fill more than one (1) role, within the scope of the team member's practice, as needed. (2) Offer cultural competency and diversity training to the multidisciplinary team members. (3) Provide a dedicated child-focused setting designed to provide a safe, comfortable, and neutral place for a forensic interview and other child advocacy center services. (4) Use written protocols signed by each member of the multidisciplinary team. (5) Use a case tracking system to provide information on essential demographic and case information. (6) Verify that multidisciplinary team members who are responsible for providing: (A) medical evaluations have specific training in child abuse or child sexual abuse examinations; and (B) mental health services are trained in and deliver trauma-focused, evidence-supported mental health treatments. (c) Except as provided in subsection (d), the files, reports, records, communications, and working papers used or developed in providing services through a child advocacy center are confidential and are not public records. (d) A multidisciplinary team member may share with other multidisciplinary team members any information or records concerning the child, the child's family, or the person who is the subject of the investigation of suspected child abuse or neglect for the purpose of: (1) facilitating a forensic interview; (2) facilitating a case discussion or case review; or (3) providing services to the child or the child's caregivers. The information shared under this subsection remains confidential. (e) Except as provided in subsection (f), a: (1) member of a child advocacy center's board of directors; or (2) volunteer or employee of a child advocacy center; is immune from civil liability for acts or omissions related to the individual's participation in the multidisciplinary team response described in subsection (a). (f) An individual is not immune from civil liability under subsection (e) if the: (1) act or omission amounts to: (A) gross negligence; or (B) willful or wanton misconduct; or (2) individual has been charged with or suspected of abusing or neglecting the child who is the subject of the investigation or services provided. As added by P.L.54-2024, SEC.3.

Ind. Code § 31-25-2-15 Purchase of services of public or private agency

Sec. 15. (a) Notwithstanding any other law, the department may purchase and use the services of any public or private agency if adequate provision is made for continuity of care and accountability. (b) If the department purchases services under this article, the state shall reimburse the expenses, to the extent allowed by state and federal statutes, rules, and regulations, to the locality or agency in the same manner and to the same extent as if the services were provided directly by the department. As added by P.L.145-2006, SEC.271.

Ind. Code § 31-25-2-16 Department of child services child care fund

Sec. 16. (a) The department of child services child care fund is established for the purpose of providing training and facilitating compliance with and enforcement of IC 31-25 through IC 31-28. The fund shall be administered by the department. (b) The fund consists of the fees and civil penalties collected under IC 31-25 through IC 31-28. (c) The expenses of administering the fund shall be paid from money in the fund. (d) 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 funds may be invested. Interest that accrues from these investments shall be deposited in the fund. (e) Money in the fund at the end of a state fiscal year does not revert to the state general fund. As added by P.L.145-2006, SEC.271.

Ind. Code § 31-25-2-18 Rules

Sec. 18. The department may adopt rules under IC 4-22-2 necessary to carry out the department's or bureau's duties under this article. As added by P.L.145-2006, SEC.271.

Ind. Code § 31-25-2-19 Adoption fees

Sec. 19. (a) The department may charge the following adoption fees: (1) An adoption placement fee that may not exceed the actual costs incurred by the department for medical expenses of children and mothers. (2) A fee that does not exceed the time and travel costs incurred by the department for home study and investigation concerning a contemplated adoption. (b) Fees charged under this section shall be deposited in the child trust clearance account established under IC 31-25-2-20.2. Money deposited under this subsection shall be expended by the department for the following purposes without further appropriation: (1) The care of children whose adoption is contemplated. (2) The improvement of adoption services provided by the department. (c) The director may adopt rules governing the expenditure of money under this section. (d) The department may reduce or waive charges authorized under this section in hardship cases or for other good cause after investigation. The department may adopt forms on which the written authorization is provided. As added by P.L.145-2006, SEC.271. Amended by P.L.146-2008, SEC.566.

Ind. Code § 31-25-2-20 Expired

As added by P.L.153-2007, SEC.3. Amended by P.L.3-2008, SEC.239. Expired 1-1-2011 by P.L.3-2008, SEC.239.

Ind. Code § 31-25-2-20.1 Gift, devise, or bequest of personal property; investment of money; child trust clearance account; commingling prohibited

Sec. 20.1. (a) The department may receive and administer a gift, devise, or bequest of personal property, including the income from real property, that is: (1) to or for the benefit of a home or an institution in which formerly abused or neglected children are cared for under the supervision of the department; or (2) for the benefit of children who are committed to the care or supervision of the department. (b) The department may invest or reinvest money received under this section in the same types of securities in which life insurance companies are authorized by law to invest the money of the life insurance companies. (c) The following shall be kept in the child trust clearance account established under section 20.2 of this chapter and may not be commingled with any other fund or account or with money received from taxation: (1) All money received by the department under this section. (2) All money, proceeds, or income realized from real property or other investments. (d) Subject to the approval of the director, money described in subsection (c)(1) or (c)(2) may be expended by the department in any manner consistent with the purposes of the child trust clearance account and with the intention of the donor. As added by P.L.146-2008, SEC.567.

Ind. Code § 31-25-2-20.2 Receipt and administration of money to or for the benefit of persons receiving payments or services; child trust clearance account; commingling prohibited

Sec. 20.2. (a) This section does not apply to: (1) money received before January 1, 2009, to reimburse the county family and children's fund for expenditures made from the appropriations of the counties; or (2) money received after December 31, 2008, to reimburse the department for expenditures made by the department for child services. (b) The department may receive and administer money available to or for the benefit of a person receiving payments or services from the department. The following apply to all money received under this section: (1) The money shall be kept in a special account known as the child trust clearance account and may not be commingled with any other money. (2) The money may be expended by the department in any manner consistent with the following: (A) The purpose of the child trust clearance account or with the intention of the donor of the money. (B) Indiana law. As added by P.L.146-2008, SEC.568.

Ind. Code § 31-25-2-20.4 Citizen review panels; membership; appointment; duties; response to report; prohibited acts

Sec. 20.4. (a) The department shall establish at least three (3) citizen review panels in accordance with the requirements of the federal Child Abuse Prevention and Treatment Act under 42 U.S.C. 5106a. (b) A citizen review panel consists of volunteer members who broadly represent the community in which the panel is established, including members who have expertise in the prevention and treatment of child abuse and neglect. (c) The department shall appoint the citizen review panels in the following manner: (1) One (1) panel must be a community child protection team established in a county under IC 31-33-3-1, selected by the director of the department with the consent of the team. (2) One (1) panel must be either: (A) the statewide child fatality review committee established under IC 16-49-4; or (B) a local child fatality review team established under IC 16-49-2; selected by the director of the department with the consent of the committee or team. (3) One (1) panel must be a foster care advisory panel consisting of at least five (5) and not more than eleven (11) members, selected to the extent feasible from the membership of any foster care advisory group previously established or recognized by the department. If the panel consists of seven (7) or fewer members, the panel must include at least one (1) foster parent licensed by the department and one (1) foster parent licensed by the department through a child placing agency licensed under IC 31-27-6. If the panel consists of more than seven (7) members, the panel must include two (2) foster parents licensed by the department and two (2) foster parents licensed by the department through a child placing agency licensed under IC 31-27-6. Additional members of the panel must include one (1) or more individuals who are employed by a child placing agency licensed under IC 31-27-6 and who provide services to foster families and children placed by the department in out-of-home placements, and may include other representatives of child welfare service providers or persons who provide training to current or prospective foster parents. All members of this panel must be individuals who are not employees of the department. (4) The membership of any additional citizen review panels established under this section shall be determined by the director of the department, consistent with the guidelines for panel membership stated in subsection (b) and the purposes and functions of the panels as described in this section. (5) Each citizen review panel shall be appointed for a term of three (3) years beginning July 1, 2007. Upon expiration of the term of the panel described in subdivision (1), the director of the department shall select a community child protection team established in a different county for the succeeding term. Upon expiration of the term of the panel described in subdivision (2), the director of the department shall select a different fatality review team, or committee, if available, for the succeeding term. Panels appointed under subdivision (3) or (4) may be reappointed for successive terms, in the discretion of the director of the department. The director may appoint individuals as needed to fill vacancies that occur during the term of any panel appointed under subdivision (3) or (4). (d) A citizen review panel shall evaluate the extent to which a child welfare agency is effectively discharging the agency's child protection responsibilities by examining: (1) the policies and procedures of child welfare agencies; (2) if appropriate, specific child protective services cases; and (3) other criteria the citizen review panel considers important to ensure the protection of children. (e) Each citizen review panel shall: (1) meet at least one (1) time every three (3) months; and (2) prepare and make available to the department and the public an annual report that contains a summary of the activities of the citizen review panel. (f) The department shall, not more than six (6) months after the date the department receives a report from a citizen review panel under subsection (e), submit to the citizen review panel a written response indicating whether and how the department will incorporate the recommendations of the citizen review panel. The department shall at the same time provide appropriate child welfare agencies with copies of the department's written response. (g) A child welfare agency shall make all reports and other materials in the child welfare agency's possession available to a citizen review panel established under this section, including any reports and materials that the child welfare agency has received from other agencies. (h) A member of a citizen review panel may not disclose to a person or government official any identifying information that is provided to the citizen review panel about: (1) a specific child protective services case or child welfare agency case; (2) a child or member of the child's family who is the subject of a child protective services assessment; or (3) any other individuals identified in confidential reports, documents, or other materials. (i) If a member of a citizen review panel violates subsection (h), the department may remove the member from the citizen review panel. (j) A child welfare agency shall cooperate and work with each citizen review panel established under this section. As added by P.L.138-2007, SEC.46. Amended by P.L.131-2009, SEC.32; P.L.128-2012, SEC.88; P.L.119-2013, SEC.8.

Ind. Code § 31-25-2-21 Transitional services plan; participation by child representatives

Sec. 21. (a) As used in this section, "transitional services plan" means a plan that provides information concerning the following to an individual described in subsection (b): (1) Education. (2) Employment. (3) Housing. (4) Health care, including information concerning the individual's eligibility and participation in the Medicaid program. (5) Development of problem solving skills. (6) Available local, state, and federal financial assistance. (b) The department shall implement a program that provides a transitional services plan to the following: (1) An individual who has become or will become: (A) eighteen (18) years of age; or (B) emancipated; while receiving foster care. (2) An individual who: (A) is at least eighteen (18) but less than twenty-one (21) years of age; and (B) is receiving collaborative care under IC 31-28-5.8. (c) A transitional services plan for an individual described in subsection (b) shall contain a document that: (1) describes the rights of the individual with respect to: (A) education, health, visitation, and court participation; (B) the right to be provided with the individual's medical documents and any other medical information; and (C) the right to stay safe and avoid exploitation; and (2) includes a signed acknowledgment by the individual that the: (A) individual has been provided with a copy of the document described in subdivision (1); and (B) rights contained in the document have been explained to the individual in an age appropriate manner. (d) The individual's child representatives selected by the individual under IC 31-34-15-7 or IC 31-37-19-1.7 may participate in the development of a transitional services plan for the individual. (e) The department, as part of the program described in this section, in cooperation with the office of Medicaid policy and planning, shall include, as part of the transitional services plan for an individual described in subsection (b), the enrollment of the individual in the Medicaid program. (f) The department shall adopt rules under IC 4-22-2 necessary to implement the program described in this section. As added by P.L.143-2008, SEC.6. Amended by P.L.131-2009, SEC.33; P.L.48-2012, SEC.24; P.L.104-2015, SEC.17; P.L.124-2017, SEC.2; P.L.198-2019, SEC.3; P.L.93-2024, SEC.203.

Ind. Code § 31-25-2-22 Provide list to Indiana department of health; electronic means

Sec. 22. (a) The department shall, at least one (1) time each month, provide to the Indiana department of health a list containing the names and dates of birth of children identified in the records of the department to whom all of the following apply: (1) The parent-child relationship between the child and a birth parent was terminated under IC 31-35 or IC 31-6-5-1 (before its repeal). (2) The child is less than twenty-one (21) years of age. (3) The name of the child has not been included previously in a list provided to the Indiana department of health under this section. (b) The department shall provide the list described under subsection (a) through electronic means agreed to by the department and the Indiana department of health. As added by P.L.191-2011, SEC.56. Amended by P.L.56-2023, SEC.297.

Ind. Code § 31-25-2-23 Permanency roundtable duties; residential placement committee

Sec. 23. (a) The department shall establish a permanency roundtable (as defined in IC 31-9-2.1-176). The permanency roundtable shall review: (1) a child's permanency plan under IC 31-34-21-5.7 if the child is placed in a child caring institution, group home, or private secure facility; and (2) a child's permanency plan under IC 31-37-20-3 if the child is placed in a child caring institution, group home, or private secure facility; and make recommendations to the court. (b) The department shall establish a residential placement committee (as defined in IC 31-9-2.1-212). The residential placement committee shall, before a case plan is approved by the local office or court, review: (1) a child's placement in a child caring institution, group home, or private secure facility under IC 31-34-15-2; and (2) a child's placement in a child caring institution, group home, or private secure facility under IC 31-37-19-1.5 if the placement is contrary to the department's recommendation under IC 31-37-17-1.4; and make recommendations to the court. As added by P.L.48-2012, SEC.25. Amended by P.L.123-2014, SEC.8; P.L.145-2026, SEC.171.

Ind. Code § 31-25-2-24 Report concerning child fatalities and near fatalities

Sec. 24. (a) Before December 31 of each year, the department shall annually prepare a report concerning all child fatalities or near fatalities in Indiana that are the result of child abuse or neglect in the preceding calendar year. The report must include the following information: (1) A summary of the information gathered concerning child fatalities or near fatalities resulting from abuse or neglect. (2) Demographic information regarding victims, perpetrators, and households involved in child fatalities or near fatalities resulting from abuse or neglect. (3) An analysis of the primary risk factors involved in child fatalities or near fatalities resulting from abuse or neglect. (4) A summary of the most frequent causes of child fatalities or near fatalities resulting from abuse or neglect. (5) A description of the manner in which the information was assembled. The department shall post the report prepared under this section on the department's website. (b) As part of the summary of information described in subsection (a)(1), the report must include the following information for each child fatality or near fatality: (1) Whether, at the time of the child's fatality or near fatality or at any time before the child's fatality or near fatality, the child was alleged or adjudicated to be a child in need of services under IC 31-34-1 or was the subject of a program of informal adjustment. (2) Whether, at the time of the event that led to the child's fatality or near fatality, the child: (A) had been ordered to remain in the child's home; (B) was on a trial home visit; (C) was placed in foster care; or (D) was residing in a residential treatment facility. (3) The following information regarding each report of known or suspected child abuse or neglect that the department received regarding the child and screened out: (A) The date on which the report was received. (B) The documented reason or reasons for: (i) the recommendation of the department's intake personnel that the report be screened out; and (ii) the approval of the recommendation under item (i) by each department supervisor, director, or other official that reviewed the recommendation. Names or other identifying information of department employees may be omitted or redacted from the information reported under this subdivision. (4) A detailed description of the actions taken by the department concerning the child, including the following: (A) A summary of any investigation of alleged child abuse and neglect concerning the child, including any relevant risk and safety assessment concerning the child, that was conducted by the department before the child fatality or that was ongoing at the time of the child fatality. (B) With regard to an investigation reported under clause (A) that resulted in a determination that the allegation of child abuse or neglect was unsubstantiated: (i) a narrative, chronological summary of the investigation; and (ii) the department's reasoning for determining that the allegation was unsubstantiated. This subdivision does not apply to a near fatality. (5) The name of the judge who presided over any detention hearing concerning the child under IC 31-34-5 the result of which was release of the child to the child's parent, guardian, or custodian. (6) If the child was the subject of one (1) or more petitions alleging that the child was a child in need of services: (A) for each child in need of services petition: (i) the allegations that prompted the filing of the child in need of services petition; (ii) a narrative, chronological summary of the child in need of services proceeding; (iii) any judicial findings that were issued by the court in the child in need of services proceeding; and (iv) a description of the disposition of the petition, including a description of the dispositional decree, if any, entered by the court; and (B) the name of the judge who presided over the most recent child in need of services proceeding concerning the child. This subdivision does not apply to a near fatality. (7) A summary of any child abuse and neglect investigation conducted concerning the child after the child's fatality or near fatality, including: (A) the nature and extent of the child's present and past injuries; (B) medical information pertaining to the child's fatality, if applicable; and (C) information regarding any criminal charges brought in connection with the investigation, including the name of any individual convicted of criminal charges brought in connection with the investigation. (8) What actions the department took in response to the child fatality or near fatality, including any: (A) change to policy or practice; or (B) recommendation for a change in policy, practice, or law. (9) If the child was the subject of a child in need of services proceeding and: (A) the proceeding was dismissed; or (B) the child was discharged under IC 31-34-21-11; before the child's death, a brief summary of the reasons for the court's action under clause (A) or (B). (c) As part of the annual report required by subsection (a), before December 31 of each year, the department shall report the following: (1) The number of child fatalities or near fatalities in Indiana in the preceding calendar year for whom abuse or neglect was suspected to be a factor in the child fatality or near fatality. (2) The: (A) number of children described in subdivision (1) whose cause of fatality or near fatality was determined to be related to abuse or neglect; and (B) number of children described in subdivision (1) whose cause of fatality or near fatality was determined to be unrelated to abuse or neglect. (3) The number of children described in subdivision (2)(A) who were the subject of a department assessment based on an allegation of abuse or neglect. (4) The number of children described in subdivision (3) who were the subject of a department assessment based on an allegation of abuse or neglect that was determined to be substantiated. (5) The number of children described in subdivision (3) who were the subject of a department assessment based on an allegation of abuse or neglect that was determined to be unsubstantiated. (6) For each child described in subdivision (3), the following information: (A) The cause and manner of the child fatality or near fatality. (B) The: (i) number of department assessments of the child that were based on an allegation of abuse or neglect that was determined to be substantiated; and (ii) number of department assessments of the child that were based on an allegation of abuse or neglect that was determined to be unsubstantiated. (C) The child's relationship to the perpetrator or perpetrators of the abuse or neglect to which the child fatality or near fatality was determined to be related. (D) For each perpetrator described in clause (C): (i) whether, prior to the allegation of abuse or neglect to which the fatality or near fatality of the child described in subdivision (3) was related, a substantiated allegation of abuse or neglect resulted in the perpetrator being determined to have abused or neglected the child or another child; (ii) the number of substantiated reports of abuse or neglect described in item (i); (iii) whether, before the allegation of abuse or neglect to which the fatality or near fatality of the child described in subdivision (3) was related, an investigation of an allegation of abuse or neglect of the child or of another child resulted in the allegation being determined to be unsubstantiated; and (iv) the number of unsubstantiated reports of abuse or neglect described in item (iii). (d) Not later than January 31 of each year, the department shall provide to the executive director of the legislative services agency, for distribution to the interim study committee on child services, a copy of the most recent annual report prepared by the department under this section. The report provided to the executive director of the legislative services agency under this subsection must be in an electronic format under IC 5-14-6. As added by P.L.119-2013, SEC.9. Amended by P.L.98-2019, SEC.1; P.L.148-2021, SEC.7; P.L.76-2022, SEC.2; P.L.11-2023, SEC.99; P.L.84-2026, SEC.7.

Ind. Code § 31-25-2-25 Kinship care navigator program report

Sec. 25. The department shall submit a report, not later than December 31 of each year, to the general assembly concerning the kinship care navigator program. The report must include the following information: (1) How the program has provided outreach to kinship care families, including by establishing, publishing, and updating a kinship care Internet web site and other relevant guides or outreach materials. (2) How the program has coordinated with other state or local agencies that promote service coordination and provide information and referral services. (3) How the program has established partnerships between public and private agencies, including schools, community based or faith based organizations, and relevant government agencies, to increase the agencies' knowledge of the needs of kinship care families, current foster families, or potential foster families and promote better services for families. (4) Any other information regarding how the program is supporting any other activities designed to assist kinship caregivers in obtaining benefits and services to improve their caregiving. A report submitted under this section must be in an electronic format under IC 5-14-6. As added by P.L.106-2019, SEC.2. Amended by P.L.156-2020, SEC.113.

Ind. Code § 31-25-2-26 Collaborative child and family assistance programs

Sec. 26. (a) The department may collaborate with public and private entities to implement or participate in programs, including technology based platforms, designed to connect the department and local offices with supportive local community organizations that may provide assistance in meeting the needs of children and families in crisis. (b) Before September 30 of each year that the department is participating in programs described in subsection (a), the department shall report to the legislative council in an electronic format under IC 5-14-6 the following information for the preceding state fiscal year concerning the department's implementation or participation in the programs: (1) The number of requests submitted to any programs. (2) The number of requests met through any program. (3) The number of children provided services through any program. (4) The estimated economic impact. This subsection expires June 30, 2024. As added by P.L.187-2019, SEC.1.

Ind. Code § 31-25-2-28 Transfer of administration of child support bureau to department of state revenue; federal review; report

Sec. 28. (a) Subject to federal approval, the department may enter into a written agreement with the department of state revenue to transfer the administration of the child support bureau established by IC 31-25-3 and all related duties to the department of state revenue. (b) If the department receives federal approval and enters into a written agreement with the department of state revenue under subsection (a), the department shall submit a report detailing the agreement to the budget committee within thirty (30) days of entering into the agreement. As added by P.L.213-2025, SEC.299.

Ind. Code § 31-25-2-29 Foster youth bill of rights

Sec. 29. (a) The department shall collaborate with: (1) at least one (1) individual who is at least eighteen (18) years of age and who has lived experience as a child within the child welfare system; (2) at least one (1) child placing agency; and (3) any other person with expertise in older foster youth services; to develop and update periodically a statement that describes the rights and responsibilities of a foster youth and is titled "the foster youth bill of rights". (b) The statement required in subsection (a): (1) must summarize a foster youth's rights and responsibilities; and (2) must be: (A) distributed annually to a foster youth, including in a translated form for a foster youth with limited English proficiency; (B) distributed to a current or prospective foster parent (as defined in IC 31-9-2-47); and (C) published on the department's website. As added by P.L.67-2026, SEC.5.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/31Fetched: 10/17/2026

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