IC 31TITLE 31. FAMILY LAW AND JUVENILE LAW
           Art. 1.REPEALED
           Art. 1.5.REPEALED
           Art. 2.REPEALED
           Art. 3.REPEALED
           Art. 4.REPEALED
           Art. 5.REPEALED
           Art. 5.5.REPEALED
           Art. 6.REPEALED
           Art. 7.REPEALED
           Art. 8.REPEALED
           Art. 9.DEFINITIONS
           Art. 10.GENERAL PROVISIONS
           Art. 11.FAMILY LAW: MARRIAGE
           Art. 12.FAMILY LAW: DOMESTIC RELATIONS COURTS
           Art. 13.FAMILY LAW: PARENT-CHILD RELATIONSHIP
           Art. 14.FAMILY LAW: ESTABLISHMENT OF PATERNITY
           Art. 15.FAMILY LAW: DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION
           Art. 16.FAMILY LAW: SUPPORT OF CHILDREN AND OTHER DEPENDENTS
           Art. 17.FAMILY LAW: CUSTODY AND VISITATION RIGHTS
           Art. 18.REPEALED
           Art. 18.5.FAMILY LAW: UNIFORM INTERSTATE FAMILY SUPPORT ACT
           Art. 19.FAMILY LAW: ADOPTION
           Art. 20.FAMILY LAW: HUMAN REPRODUCTION
           Art. 21.UNIFORM CHILD CUSTODY JURISDICTION ACT
           Art. 25.CHILD SERVICES: ADMINISTRATION
           Art. 26.CHILD SERVICES: PROGRAMS
           Art. 27.CHILD SERVICES: REGULATION OF RESIDENTIAL CHILD CARE
           Art. 28.CHILD SERVICES: FOSTER CARE AND PLACEMENT OF CHILDREN
           Art. 30.JUVENILE LAW: JUVENILE COURT JURISDICTION
           Art. 30.5.JUVENILE LAW: PRELIMINARY PROCEEDINGS
           Art. 31.JUVENILE LAW: JUVENILE COURT ADMINISTRATION
           Art. 32.JUVENILE LAW: JUVENILE COURT PROCEDURES
           Art. 33.JUVENILE LAW: REPORTING AND INVESTIGATION OF CHILD ABUSE AND NEGLECT
           Art. 34.JUVENILE LAW: CHILDREN IN NEED OF SERVICES
           Art. 35.JUVENILE LAW: TERMINATION OF PARENT-CHILD RELATIONSHIP
           Art. 36.JUVENILE LAW: MISSING CHILDREN
           Art. 37.JUVENILE LAW: DELINQUENCY
           Art. 38.REPEALED
           Art. 39.JUVENILE LAW: JUVENILE RECORDS
           Art. 40.JUVENILE LAW: FUNDING
           Art. 41.DUAL STATUS

 

IC 31-1ARTICLE 1. REPEALED

Repealed by P.L.1-1997, SEC.157.

 

IC 31-1.5ARTICLE 1.5. REPEALED

Repealed by P.L.1-1997, SEC.157.

 

IC 31-2ARTICLE 2. REPEALED

Repealed by P.L.1-1997, SEC.157.

 

IC 31-3ARTICLE 3. REPEALED

Repealed by P.L.1-1997, SEC.157.

 

IC 31-4ARTICLE 4. REPEALED

Repealed by Acts 1978, P.L.136, SEC.57.

 

IC 31-5ARTICLE 5. REPEALED

Repealed by Acts 1978, P.L.136, SEC.57.

 

IC 31-5.5ARTICLE 5.5. REPEALED

Repealed by Acts 1979, P.L.276, SEC.60.

 

IC 31-6ARTICLE 6. REPEALED

Repealed by P.L.1-1997, SEC.157.

 

IC 31-7ARTICLE 7. REPEALED

Repealed by P.L.1-1997, SEC.157.

 

IC 31-8ARTICLE 8. REPEALED

Repealed by P.L.1-1997, SEC.157.

 

IC 31-9ARTICLE 9. DEFINITIONS
           Ch. 1.General Provisions
           Ch. 2.Definitions

 

IC 31-9-1Chapter 1. General Provisions
           31-9-1-1Applicability of definitions
           31-9-1-2Inapplicability of definitions

 

IC 31-9-1-1Applicability of definitions

     Sec. 1. Except as otherwise provided, the definitions in this article apply throughout this title.

[1997 Recodification Citation: New.]

As added by P.L.1-1997, SEC.1.

 

IC 31-9-1-2Inapplicability of definitions

     Sec. 2. Except as otherwise provided, the definitions in this article do not apply to the following:

(1) IC 31-11-3.

(2) IC 31-21 (or IC 31-17-3 before its repeal).

(3) IC 31-18.5.

(4) IC 31-19-29.

(5) IC 31-37-23.

[1997 Recodification Citation: New.]

As added by P.L.1-1997, SEC.1. Amended by P.L.138-2007, SEC.5; P.L.206-2015, SEC.1.

 

IC 31-9-2Chapter 2. Definitions
           31-9-2-0.2Application of certain amendments to prior law
           31-9-2-0.3"Abandoned"
           31-9-2-0.4"Abandoned child"
           31-9-2-0.5"Abandoned infant"
           31-9-2-0.7"Account"
           31-9-2-0.8"Active duty"
           31-9-2-0.9"Act of rape"
           31-9-2-1"Actual notice"
           31-9-2-2"Adoptee"
           31-9-2-3"Adoption"
           31-9-2-4"Adoption assistance state"
           31-9-2-5"Adoption history"
           31-9-2-5.5"Adoption subsidy"
           31-9-2-6"Adoptive parent"
           31-9-2-7"Adult"
           31-9-2-8"Advisory board"
           31-9-2-8.5"Age or developmentally appropriate"
           31-9-2-9"Alleged father"
           31-9-2-9.3"Applicant"
           31-9-2-9.4"Application"
           31-9-2-9.5"Appropriate public authorities"
           31-9-2-9.6"Assessment"
           31-9-2-9.7"Assistance"
           31-9-2-9.9"At-risk child" or "at-risk children"
           31-9-2-10"Birth parent"
           31-9-2-10.3"Blind"
           31-9-2-10.6"Board"
           31-9-2-10.8"Bureau"
           31-9-2-10.9Repealed
           31-9-2-11"Caseworker"
           31-9-2-11.1"Case"
           31-9-2-12"Center"
           31-9-2-12.5"Central authority"
           31-9-2-13"Child"
           31-9-2-14"Child abuse or neglect"
           31-9-2-14.5"Child at imminent risk of placement"
           31-9-2-15"Child born in wedlock"
           31-9-2-16"Child born out of wedlock"
           31-9-2-16.3"Child care"
           31-9-2-16.4"Child caregiver"
           31-9-2-16.5"Child care provider"
           31-9-2-16.7"Child caring institution"
           31-9-2-16.8"Child custody determination"
           31-9-2-16.9"Child custody proceeding"
           31-9-2-17"Child in need of services"
           31-9-2-17.5"Child placing agency"
           31-9-2-17.8"Child services"
           31-9-2-18"Child support guidelines"
           31-9-2-19"Child support order"
           31-9-2-19.3"Child welfare agency"
           31-9-2-19.5"Child welfare services"
           31-9-2-19.6"Child welfare program"
           31-9-2-20"Child with a disability"
           31-9-2-20.3"Child with special needs"
           31-9-2-20.5"Commencement"
           31-9-2-21Repealed
           31-9-2-22"Compact"
           31-9-2-22.1"Concurrent planning"
           31-9-2-22.5"Conduct a criminal history check"
           31-9-2-23Repealed
           31-9-2-23.7"Contact"
           31-9-2-23.8"Contact preference form"
           31-9-2-24"Controlled substance"
           31-9-2-24.2"Convention"
           31-9-2-24.3"Convention support order"
           31-9-2-24.5"Costs of secure detention"
           31-9-2-25"Council"
           31-9-2-26Repealed
           31-9-2-27"Court"
           31-9-2-28"Court appointed special advocate"
           31-9-2-29"Crime"
           31-9-2-29.5"Crime involving domestic or family violence"
           31-9-2-29.7Repealed
           31-9-2-30"Custodial parent"
           31-9-2-31"Custodian"
           31-9-2-32Repealed
           31-9-2-33Repealed
           31-9-2-34Repealed
           31-9-2-35Repealed
           31-9-2-35.5"De facto custodian"
           31-9-2-36"Delinquent"
           31-9-2-37"Delinquent child"
           31-9-2-38"Delinquent juvenile"
           31-9-2-38.5"Department"
           31-9-2-39"Dependent child" or "neglected child"
           31-9-2-39.5"Destitute child"
           31-9-2-40"Director"
           31-9-2-40.5"Direct request"
           31-9-2-41"Dissolution decree"
           31-9-2-41.2Repealed
           31-9-2-42"Domestic or family violence"
           31-9-2-42.3"Drug or alcohol screen test"
           31-9-2-43"Duty of support"
           31-9-2-43.2"Early intervention advocate"
           31-9-2-43.3Repealed
           31-9-2-43.5"Emergency medical services provider"
           31-9-2-43.8"Evaluator"
           31-9-2-44"Executive authority"
           31-9-2-44.3Repealed
           31-9-2-44.5"Family or household member"
           31-9-2-44.8"Family preservation services"
           31-9-2-45"Family services"
           31-9-2-46"Final separation"
           31-9-2-46.1"Foreign central authority"
           31-9-2-46.2"Foreign country"
           31-9-2-46.3"Foreign support agreement"
           31-9-2-46.4"Foreign support order"
           31-9-2-46.5"Financial institution"
           31-9-2-46.6"Foreign tribunal"
           31-9-2-46.7"Foster care"
           31-9-2-46.9"Foster family home"
           31-9-2-47"Foster parent"
           31-9-2-47.6"Fund"
           31-9-2-48"Governor"
           31-9-2-48.3"Grandparent visitation"
           31-9-2-48.5"Group home"
           31-9-2-49"Guardian"
           31-9-2-50"Guardian ad litem"
           31-9-2-51"Hard to place child" or "hard to place children"
           31-9-2-52"Health care provider"
           31-9-2-53"Home state"
           31-9-2-54"Identifying information"
           31-9-2-54.5"Incapacitated person"
           31-9-2-55"Includes"
           31-9-2-56"Income"
           31-9-2-57"Income payor"
           31-9-2-58"Income withholding order"
           31-9-2-58.3"Index"
           31-9-2-58.5Repealed
           31-9-2-59Repealed
           31-9-2-59.5"Initial determination"
           31-9-2-60Repealed
           31-9-2-61"Initiating tribunal"
           31-9-2-62"Intake officer"
           31-9-2-63"Intended biological parent"
           31-9-2-64"Interested person"
           31-9-2-64.5"Issuing court"
           31-9-2-64.7"Issuing foreign country"
           31-9-2-65"Issuing state"
           31-9-2-66"Issuing tribunal"
           31-9-2-67"Joint legal custody"
           31-9-2-68"Judge"
           31-9-2-69"Juvenile"
           31-9-2-70"Juvenile court"
           31-9-2-71"Juvenile detention facility"
           31-9-2-72"Juvenile law"
           31-9-2-72.5Repealed
           31-9-2-72.6"Kinship care navigator"
           31-9-2-73"Law"
           31-9-2-74"Law enforcement agency"
           31-9-2-75"Legal settlement"
           31-9-2-76"Legend drug"
           31-9-2-76.3"Licensee"
           31-9-2-76.4Repealed
           31-9-2-76.5"Long term foster parent"
           31-9-2-76.6"Local office"
           31-9-2-77"Maternal or paternal grandparent"
           31-9-2-78"Medical history"
           31-9-2-79"Medical information"
           31-9-2-80Repealed
           31-9-2-80.5Repealed
           31-9-2-80.8"Modification"
           31-9-2-81Repealed
           31-9-2-81.5"Monitor"
           31-9-2-82"Neglected child" or "dependent child"
           31-9-2-83"Noncustodial parent"
           31-9-2-84"Nonidentifying information"
           31-9-2-84.6"Nonrelocating individual"
           31-9-2-84.7"Nonrelocating parent"
           31-9-2-84.8"Nonwaivable offense"
           31-9-2-85"Obligee"
           31-9-2-86"Obligor"
           31-9-2-87"Omission"
           31-9-2-87.5"Outside this state"
           31-9-2-88"Parent"
           31-9-2-88.5"Parenting time"
           31-9-2-88.7"Permanency roundtable"
           31-9-2-89"Person"
           31-9-2-89"Person"
           31-9-2-90"Person acting as parent"
           31-9-2-91"Petitioner"
           31-9-2-92"Physical custody"
           31-9-2-92.5"Plan"
           31-9-2-93"Pre-adoptive sibling"
           31-9-2-94"Preliminary inquiry"
           31-9-2-95"Premarital agreement"
           31-9-2-95.5Repealed
           31-9-2-96"Prior family law and juvenile law"
           31-9-2-97"Probation or parole"
           31-9-2-97.4"Professional health care provider"
           31-9-2-97.4"Professional health care provider"
           31-9-2-97.6"Project"
           31-9-2-98"Property"
           31-9-2-99"Prosecuting attorney"
           31-9-2-99.3"Provider"
           31-9-2-99.7"Public welfare"
           31-9-2-100"Putative father"
           31-9-2-100.5"Qualified medical practitioner"
           31-9-2-101"Reason to believe"
           31-9-2-101.5"Reasonable and prudent parent standard"
           31-9-2-102"Receiving state"
           31-9-2-102.5"Recipient"
           31-9-2-102.7"Record"
           31-9-2-103Repealed
           31-9-2-103.6"Region"
           31-9-2-103.7"Regional services council"
           31-9-2-104"Register"
           31-9-2-105"Registering tribunal"
           31-9-2-106"Registry"
           31-9-2-106.5Repealed
           31-9-2-107"Relative"
           31-9-2-107"Relative"
           31-9-2-107.5"Relocating individual"
           31-9-2-107.7"Relocation"
           31-9-2-108"Residence"
           31-9-2-109"Residence state"
           31-9-2-109.5"Residential placement committee"
           31-9-2-110"Respondent"
           31-9-2-111"Responding state"
           31-9-2-112"Responding tribunal"
           31-9-2-113Repealed
           31-9-2-113.5"School"
           31-9-2-113.7"Secure detention facility"
           31-9-2-114"Secure facility"
           31-9-2-115"Secure private facility"
           31-9-2-116"Sending state"
           31-9-2-116.4"Services"
           31-9-2-116.5"Services or items"
           31-9-2-117"Shelter care facility"
           31-9-2-117.3"Sibling"
           31-9-2-117.5Repealed
           31-9-2-118"Spousal support order"
           31-9-2-119"State"
           31-9-2-120"State department"
           31-9-2-121"State registrar"
           31-9-2-121.5Repealed
           31-9-2-122Repealed
           31-9-2-122.5"STEVE system"
           31-9-2-123"Substantiated"
           31-9-2-123.5"Successful adulthood services"
           31-9-2-123.7"Supervised independent living arrangement"
           31-9-2-124"Support enforcement agency"
           31-9-2-125"Support order"
           31-9-2-126"Surrogate"
           31-9-2-127"Surrogate agreement"
           31-9-2-128Repealed
           31-9-2-129"Team"
           31-9-2-129.5"Therapeutic foster family home"
           31-9-2-130"Title IV-D agency"
           31-9-2-130.2"Title IV-D case"
           31-9-2-130.3"Transitional services plan"
           31-9-2-130.5"Tribe"
           31-9-2-131"Tribunal"
           31-9-2-131.5"United States central authority"
           31-9-2-132"Unsubstantiated"
           31-9-2-133"Victim of child abuse or neglect"
           31-9-2-133.1"Victim of human or sexual trafficking"
           31-9-2-134"Voluntary information"
           31-9-2-134.5"Wardship"
           31-9-2-135"Warrant"
           31-9-2-136"Youth service bureau"

 

IC 31-9-2-0.2Application of certain amendments to prior law

     Sec. 0.2. The amendments made to IC 31-1-11.5-11(a) (before its repeal, now codified at section 46 of this chapter) by P.L.170-1988 do not apply to actions filed under IC 31-1-11.5-3 (before its repeal, now codified at IC 31-15-2-2, IC 31-15-2-3, and IC 31-16-2-2) that are filed before July 1, 1988.

As added by P.L.220-2011, SEC.487.

 

IC 31-9-2-0.3"Abandoned"

     Sec. 0.3. "Abandoned", for purposes of the Uniform Child Custody Jurisdiction Act under IC 31-21, has the meaning set forth in IC 31-21-2-2.

As added by P.L.138-2007, SEC.6.

 

IC 31-9-2-0.4"Abandoned child"

     Sec. 0.4. "Abandoned child", for purposes of IC 31-34-21-4 and IC 31-35-2-6.5, means a child who is, or who appears to be, not more than thirty (30) days of age and whose parent:

(1) has knowingly or intentionally left the child with an emergency medical services provider; and

(2) did not express an intent to return for the child.

As added by P.L.1-2009, SEC.154. Amended by P.L.128-2012, SEC.21.

 

IC 31-9-2-0.5"Abandoned infant"

     Sec. 0.5. "Abandoned infant", for purposes of IC 31-34-21-5.6, means:

(1) a child who is less than twelve (12) months of age and whose parent, guardian, or custodian has knowingly or intentionally left the child in:

(A) an environment that endangers the child's life or health; or

(B) a hospital or medical facility;

and has no reasonable plan to assume the care, custody, and control of the child; or

(2) a child who is, or who appears to be, not more than thirty (30) days of age and whose parent:

(A) has knowingly or intentionally left the child with an emergency medical services provider; and

(B) did not express an intent to return for the child.

As added by P.L.35-1998, SEC.2. Amended by P.L.133-2000, SEC.1; P.L.217-2001, SEC.2; P.L.1-2009, SEC.155; P.L.128-2012, SEC.22.

 

IC 31-9-2-0.7"Account"

     Sec. 0.7. (a) "Account", for purposes of IC 31-25-4, has the meaning set forth in IC 31-25-4-3.

     (b) "Account", for purposes of IC 31-26-1, has the meaning set forth in IC 31-26-1-1.

As added by P.L.145-2006, SEC.170.

 

IC 31-9-2-0.8"Active duty"

     Sec. 0.8. "Active duty", for purposes of IC 31-14-13-6.3, IC 31-17-2-21.3, IC 31-33-8-7, and IC 31-33-14-3, means full-time service in:

(1) the armed forces of the United States (as defined in IC 5-9-4-3); or

(2) the National Guard (as defined in IC 5-9-4-4);

for a period that exceeds thirty (30) consecutive days in a calendar year.

As added by P.L.80-2010, SEC.21. Amended by P.L.81-2016, SEC.1.

 

IC 31-9-2-0.9"Act of rape"

     Sec. 0.9. "Act of rape", for purposes of IC 31-35-3.5, means an act described in:

(1) IC 35-42-4-1; or

(2) IC 35-42-4-3(a) that:

(A) is committed by using or threatening the use of deadly force or while armed with a deadly weapon;

(B) results in serious bodily injury; or

(C) is facilitated by furnishing the victim, without the victim's knowledge, with a drug (as defined in IC 16-42-19-2(1)) or a controlled substance (as defined in IC 35-48-1-9) or knowing that the victim was furnished with the drug or controlled substance without the victim's knowledge.

As added by P.L.64-2016, SEC.1.

 

IC 31-9-2-1"Actual notice"

     Sec. 1. "Actual notice", for purposes of IC 31-19-3, means written notice that is actually received by the putative father.

[Pre-1997 Recodification Citation: 31-3-1-6.4(a).]

As added by P.L.1-1997, SEC.1.

 

IC 31-9-2-2"Adoptee"

     Sec. 2. "Adoptee", for purposes of IC 31-19-17 through IC 31-19-25.5, means a person who has been legally adopted.

[Pre-1997 Recodification Citation: 31-3-4-1.]

As added by P.L.1-1997, SEC.1. Amended by P.L.191-2011, SEC.1.

 

IC 31-9-2-3"Adoption"

     Sec. 3. "Adoption", for purposes of IC 31-19-17 through IC 31-19-25.5, means the judicial act of creating the relationship of parent and child where the relationship did not exist previously.

[Pre-1997 Recodification Citation: 31-3-4-2.]

As added by P.L.1-1997, SEC.1. Amended by P.L.191-2011, SEC.2.

 

IC 31-9-2-4"Adoption assistance state"

     Sec. 4. "Adoption assistance state", for purposes of the Interstate Compact on Adoption Assistance under IC 31-19-29, has the meaning set forth in IC 31-19-29-2.

[Pre-1997 Recodification Citation: 31-3-5-2(c).]

As added by P.L.1-1997, SEC.1.

 

IC 31-9-2-5"Adoption history"

     Sec. 5. "Adoption history", for purposes of IC 31-19-17 through IC 31-19-24, means:

(1) identifying information (as defined in section 54 of this chapter);

(2) the medical history (as defined in section 78 of this chapter); and

(3) nonidentifying information (as defined in section 84 of this chapter).

[Pre-1997 Recodification Citation: 31-3-4-2.5.]

As added by P.L.1-1997, SEC.1.

 

IC 31-9-2-5.5"Adoption subsidy"

     Sec. 5.5. "Adoption subsidy", for purposes of IC 31-19-26.5, has the meaning set forth in IC 31-19-26.5-1.

As added by P.L.146-2008, SEC.532.

 

IC 31-9-2-6"Adoptive parent"

     Sec. 6. "Adoptive parent", for purposes of IC 31-19-11 and IC 31-19-17 through IC 31-19-25.5, means an adult who has become a parent of a child through adoption.

[Pre-1997 Recodification Citation: 31-3-4-3.]

As added by P.L.1-1997, SEC.1. Amended by P.L.129-2005, SEC.1; P.L.191-2011, SEC.3.

 

IC 31-9-2-7"Adult"

     Sec. 7. (a) "Adult", for purposes of IC 31-19-17 through IC 31-19-25.5, means a person who is at least twenty-one (21) years of age.

     (b) "Adult", for purposes of the juvenile law, means a person other than a child.

[Pre-1997 Recodification Citations: subsection (a) formerly 31-3-4-4; subsection (b) formerly 31-6-1-6 part; 31-6-1-7.]

As added by P.L.1-1997, SEC.1. Amended by P.L.191-2011, SEC.4.

 

IC 31-9-2-8"Advisory board"

     Sec. 8. "Advisory board", for purposes of IC 31-31-9, refers to the juvenile detention center advisory board described in IC 31-31-9.

[Pre-1997 Recodification Citation: 31-6-9.5-1 part.]

As added by P.L.1-1997, SEC.1.

 

IC 31-9-2-8.5"Age or developmentally appropriate"

     Sec. 8.5. "Age or developmentally appropriate", for purposes of IC 31-34 and IC 31-37, means:

(1) activities or items that are generally:

(A) accepted as suitable for children of the same chronological age or level of maturity; or

(B) determined to be developmentally appropriate for a child based on the development of cognitive, emotional, physical, and behavioral capacities that are typical for an age or age group; and

(2) in the case of a specific child, activities or items that are suitable for the child based on the developmental stages attained by the child with respect to the cognitive, emotional, physical, and behavioral capacities of the child.

As added by P.L.104-2015, SEC.6.

 

IC 31-9-2-9"Alleged father"

     Sec. 9. "Alleged father", for purposes of IC 31-14, means any man claiming to be or charged with being a child's biological father.

[Pre-1997 Recodification Citation: 31-6-6.1-1.]

As added by P.L.1-1997, SEC.1.

 

IC 31-9-2-9.3"Applicant"

     Sec. 9.3. (a) "Applicant", for purposes of IC 31-25-3, IC 31-25-4, and IC 31-26-3.5, means a person who has applied for assistance for the applicant or another person.

     (b) "Applicant", for purposes of IC 31-27, means a person who seeks a license to operate a child caring institution, foster family home, group home, or child placing agency.

As added by P.L.145-2006, SEC.171. Amended by P.L.146-2008, SEC.533; P.L.128-2012, SEC.23.

 

IC 31-9-2-9.4"Application"

     Sec. 9.4. "Application", for purposes of the Uniform Interstate Family Support Act under IC 31-18.5, has the meaning set forth in IC 31-18.5-7-1.

As added by P.L.206-2015, SEC.2.

 

IC 31-9-2-9.5"Appropriate public authorities"

     Sec. 9.5. "Appropriate public authorities", for purposes of IC 31-28-4, has the meaning set forth in IC 31-28-4-3.

As added by P.L.145-2006, SEC.172.

 

IC 31-9-2-9.6"Assessment"

     Sec. 9.6. "Assessment", for purposes of IC 31-25 and IC 31-33, means an initial and ongoing investigation or evaluation that includes:

(1) a review and determination of the safety issues that affect a child and:

(A) a child's parents, guardians, or custodians; or

(B) another individual residing in the residence where the child resides or is likely to reside;

(2) an identification of the underlying causes of the safety issues described in subdivision (1);

(3) a determination whether child abuse, neglect, or maltreatment occurred; and

(4) a determination of the needs of a child's family in order for the child to:

(A) remain in the home safely;

(B) be returned to the home safely; or

(C) be placed in an alternative living arrangement.

As added by P.L.131-2009, SEC.6.

 

IC 31-9-2-9.7"Assistance"

     Sec. 9.7. "Assistance", for purposes of the following statutes, means money or services regardless of the source, paid or furnished under any of the following statutes:

(1) IC 31-25-3.

(2) IC 31-25-4.

(3) IC 31-26-3.5.

As added by P.L.145-2006, SEC.173. Amended by P.L.146-2008, SEC.534; P.L.128-2012, SEC.24.

 

IC 31-9-2-9.9"At-risk child" or "at-risk children"

     Sec. 9.9. "At-risk child" or "at-risk children", for purposes of IC 31-32-3, means a child or children who:

(1) are at risk of becoming involved in a juvenile proceeding;

(2) are at risk of being suspended or expelled from school;

(3) are at risk of dropping out of school;

(4) were previously children in need of services and who are in need of ongoing supervision and assistance; or

(5) have been victims of domestic violence.

As added by P.L.183-2011, SEC.1.

 

IC 31-9-2-10"Birth parent"

     Sec. 10. "Birth parent", for purposes of IC 31-19-17 through IC 31-19-25.5, means:

(1) the woman who is legally presumed under Indiana law to be the mother of biological origin of an adoptee;

(2) the man who is legally presumed under Indiana law to be the father of biological origin of an adoptee; or

(3) a man who establishes paternity of a child born out of wedlock:

(A) in a court proceeding; or

(B) by executing a paternity affidavit under IC 16-37-2-2.1.

[Pre-1997 Recodification Citation: 31-3-4-5.]

As added by P.L.1-1997, SEC.1. Amended by P.L.197-1997, SEC.1; P.L.191-2011, SEC.5.

 

IC 31-9-2-10.3"Blind"

     Sec. 10.3. "Blind", for purposes of IC 31-25-3, IC 31-25-4, IC 31-28-1, IC 31-28-2, and IC 31-28-3, means an individual who has vision in the better eye with correcting glasses of 20/200 or less, or a disqualifying visual field defect as determined upon examination by an ophthalmologist or optometrist who has been designated to make such examinations by the local office and approved by the department.

As added by P.L.145-2006, SEC.174. Amended by P.L.146-2008, SEC.535; P.L.128-2012, SEC.25.

 

IC 31-9-2-10.6"Board"

     Sec. 10.6. (a) "Board", for purposes of IC 31-25-4, has the meaning set forth in IC 31-25-4-34(a).

     (b) "Board", for purposes of IC 31-26-4, has the meaning set forth in IC 31-26-4-2.

As added by P.L.145-2006, SEC.175.

 

IC 31-9-2-10.8"Bureau"

     Sec. 10.8. "Bureau", for purposes of IC 31-16-15 and IC 31-25 has the meaning set forth in IC 31-25-4-1.

As added by P.L.145-2006, SEC.176. Amended by P.L.103-2007, SEC.10.

 

IC 31-9-2-10.9Repealed

As added by P.L.162-2011, SEC.4 and P.L.162-2011, SEC. 6. Repealed by P.L.183-2011, SEC.10.

 

IC 31-9-2-11"Caseworker"

     Sec. 11. "Caseworker", for purposes of the juvenile law, means an employee of the department of child services who is classified as a family case manager.

[Pre-1997 Recodification Citation: 31-6-1-6 part; 31-6-1-8.]

As added by P.L.1-1997, SEC.1. Amended by P.L.146-2006, SEC.11.

 

IC 31-9-2-11.1"Case"

     Sec. 11.1. "Case", for purposes of IC 31-33-18-1.5, has the meaning set forth in IC 31-33-18-1.5(d).

As added by P.L.183-2011, SEC.2.

 

IC 31-9-2-12"Center"

     Sec. 12. "Center", for purposes of IC 31-31-9, means any secure juvenile detention center that operates in a county containing a consolidated city except for a center operated by the federal government. The term includes a juvenile detention facility.

[Pre-1997 Recodification Citation: 31-6-9.5-1 part.]

As added by P.L.1-1997, SEC.1.

 

IC 31-9-2-12.5"Central authority"

     Sec. 12.5. "Central authority", for purposes of the Uniform Interstate Family Support Act under IC 31-18.5, has the meaning set forth in IC 31-18.5-7-1.

As added by P.L.206-2015, SEC.3.

 

IC 31-9-2-13"Child"

     Sec. 13. (a) "Child", for purposes of IC 31-15, IC 31-16 (excluding IC 31-16-12.5), and IC 31-17, means a child or children of both parties to the marriage. The term includes the following:

(1) Children born out of wedlock to the parties.

(2) Children born or adopted during the marriage of the parties.

     (b) "Child", for purposes of the Uniform Interstate Family Support Act under IC 31-18.5, has the meaning set forth in IC 31-18.5-1-2.

     (c) "Child", for purposes of IC 31-19-5, includes an unborn child.

     (d) Except as otherwise provided in this section, "child", for purposes of the juvenile law and IC 31-27, means:

(1) a person who is less than eighteen (18) years of age;

(2) a person:

(A) who is eighteen (18), nineteen (19), or twenty (20) years of age; and

(B) who either:

(i) is charged with a delinquent act committed before the person's eighteenth birthday; or

(ii) has been adjudicated a child in need of services before the person's eighteenth birthday; or

(3) a person:

(A) who is alleged to have committed an act that would have been murder if committed by an adult;

(B) who was less than eighteen (18) years of age at the time of the alleged act; and

(C) who is less than twenty-one (21) years of age.

     (e) "Child", for purposes of IC 31-36-3, means a person who is less than eighteen (18) years of age.

     (f) "Child", for purposes of the Interstate Compact on Juveniles under IC 31-37-23-1, has the meaning set forth in IC 31-37-23-1.

     (g) "Child", for purposes of IC 31-16-12.5, means an individual to whom child support is owed under:

(1) a child support order issued under IC 31-14-10 or IC 31-16-6; or

(2) any other child support order that is enforceable under IC 31-16-12.5.

     (h) "Child", for purposes of IC 31-32-5, means an individual who is less than eighteen (18) years of age.

     (i) "Child", for purposes of the Uniform Child Custody Jurisdiction Act under IC 31-21, has the meaning set forth in IC 31-21-2-3.

[Pre-1997 Recodification Citations: subsection (a) formerly 31-1-11.5-2(c); subsection (b) formerly 31-1.5-1-1 part; 31-1.5-1-2 part; subsection (c) formerly 31-3-1.5-2; subsection (d) formerly 31-6-1-6 part; 31-6-1-9; subsection (e) formerly 31-6-10-1 part.]

As added by P.L.1-1997, SEC.1. Amended by P.L.27-2004, SEC.1; P.L.145-2006, SEC.177; P.L.120-2007, SEC.1; P.L.138-2007, SEC.7; P.L.133-2008, SEC.4; P.L.48-2012, SEC.10; P.L.206-2015, SEC.4.

 

IC 31-9-2-14"Child abuse or neglect"

     Sec. 14. (a) "Child abuse or neglect", for purposes of IC 31-32-11-1, IC 31-33, IC 31-34-7-4, and IC 31-39-8-4, refers to a child described in IC 31-34-1-1 through IC 31-34-1-5 and IC 31-34-1-8 through IC 31-34-1-11, regardless of whether the child needs care, treatment, rehabilitation, or the coercive intervention of a court.

     (b) For purposes of subsection (a), the term under subsection (a) does not refer to a child who is alleged to be a victim of a sexual offense under IC 35-42-4-3 unless the alleged offense under IC 35-42-4-3 involves the fondling or touching of the buttocks, genitals, or female breasts, regardless of whether the child needs care, treatment, rehabilitation, or the coercive intervention of a court.

     (c) "Child abuse or neglect", for purposes of IC 31-34-2.3, refers to acts or omissions by a person against a child as described in IC 31-34-1-1 through IC 31-34-1-11, regardless of whether the child needs care, treatment, rehabilitation, or the coercive intervention of a court.

[Pre-1997 Recodification Citation: 31-6-11-2.1(2).]

As added by P.L.1-1997, SEC.1. Amended by P.L.1-2006, SEC.496; P.L.52-2007, SEC.6; P.L.48-2012, SEC.11; P.L.46-2016, SEC.4.

 

IC 31-9-2-14.5"Child at imminent risk of placement"

     Sec. 14.5. "Child at imminent risk of placement", for purposes of IC 31-26-5, has the meaning set forth in IC 31-26-5-1.

As added by P.L.145-2006, SEC.178.

 

IC 31-9-2-15"Child born in wedlock"

     Sec. 15. "Child born in wedlock", for purposes of IC 31-19-9, means a child born to:

(1) a woman; and

(2) a man who is presumed to be the child's father under IC 31-14-7-1(1) or IC 31-14-7-1(2) unless the presumption is rebutted.

[Pre-1997 Recodification Citation: 31-3-1-6(a).]

As added by P.L.1-1997, SEC.1.

 

IC 31-9-2-16"Child born out of wedlock"

     Sec. 16. "Child born out of wedlock", for purposes of IC 31-19-3, IC 31-19-4-4, and IC 31-19-9, means a child who is born to:

(1) a woman; and

(2) a man who is not presumed to be the child's father under IC 31-14-7-1(1) or IC 31-14-7-1(2).

[Pre-1997 Recodification Citations: 31-3-1-6(b); 31-3-1-6.1(f) part; 31-3-1-6.4(f) part.]

As added by P.L.1-1997, SEC.1.

 

IC 31-9-2-16.3"Child care"

     Sec. 16.3. "Child care", for purposes of IC 31-27, means a service that provides for the care, health, safety, and supervision of a child's social, emotional, and educational growth.

As added by P.L.145-2006, SEC.179.

 

IC 31-9-2-16.4"Child caregiver"

     Sec. 16.4. "Child caregiver", for purposes of section 31 of this chapter, means a person who provides, or is responsible for providing, care and supervision of a child (other than a child of whom the person is a parent, stepparent, grandparent, aunt, uncle, sibling, legal guardian or custodian with whom the person resides) at a residential property that is not the child's place of residence, if the person:

(1) is not required to be licensed as the operator of:

(A) a child care home under IC 12-17.2-5; or

(B) a foster family home under IC 31-27-4;

(2) provides care and supervision of a child while unattended by the child's:

(A) parent;

(B) guardian; or

(C) custodian with whom the child resides; and

(3) receives more than two thousand dollars ($2,000) in annual compensation for providing care and supervision of a child or children.

As added by P.L.124-2007, SEC.8.

 

IC 31-9-2-16.5"Child care provider"

     Sec. 16.5. "Child care provider", for purposes of IC 31-33-26, has the meaning set forth in IC 31-33-26-1.

As added by P.L.36-2001, SEC.1. Amended by P.L.138-2007, SEC.8.

 

IC 31-9-2-16.7"Child caring institution"

     Sec. 16.7. "Child caring institution", for purposes of IC 31-27, means:

(1) a residential facility that provides child care on a twenty-four (24) hour basis for more than ten (10) children; or

(2) a residential facility with a capacity of not more than ten (10) children that does not meet the residential structure requirements of a group home.

As added by P.L.145-2006, SEC.180.

 

IC 31-9-2-16.8"Child custody determination"

     Sec. 16.8. "Child custody determination", for purposes of the Uniform Child Custody Jurisdiction Act under IC 31-21, has the meaning set forth in IC 31-21-2-4.

As added by P.L.138-2007, SEC.9.

 

IC 31-9-2-16.9"Child custody proceeding"

     Sec. 16.9. "Child custody proceeding", for purposes of the Uniform Child Custody Jurisdiction Act under IC 31-21, has the meaning set forth in IC 31-21-2-5.

As added by P.L.138-2007, SEC.10.

 

IC 31-9-2-17"Child in need of services"

     Sec. 17. "Child in need of services", for purposes of this title, refers to a child described in IC 31-34-1.

[1997 Recodification Citation: New.]

As added by P.L.1-1997, SEC.1. Amended by P.L.145-2006, SEC.181; P.L.146-2008, SEC.536.

 

IC 31-9-2-17.5"Child placing agency"

     Sec. 17.5. "Child placing agency", for purposes of IC 31-27, means a person that provides child welfare services to children and families, including:

(1) home studies, investigation, and recommendation of families for the purpose of placing, arranging, or causing the placement of children for adoption, foster care, or residential care; and

(2) supervision of those placements.

As added by P.L.1-2007, SEC.189.

 

IC 31-9-2-17.8"Child services"

     Sec. 17.8. "Child services", for purposes of this title, means the following:

(1) Services, other than services that are costs of secure detention, specifically provided by or on behalf of the department for or on behalf of children who are:

(A) adjudicated to be:

(i) children in need of services under IC 31-34; or

(ii) delinquent children under IC 31-37;

(B) parties in a child in need of services case filed under IC 31-34 or in a delinquency case filed under IC 31-37 before adjudication or entry of a dispositional decree;

(C) subject to temporary care or supervision by the department under any applicable provision of IC 31-33, IC 31-34, or IC 31-37;

(D) recipients or beneficiaries of a program of informal adjustment approved under IC 31-34-8 or IC 31-37-9; or

(E) recipients or beneficiaries of:

(i) adoption assistance or kinship guardianship assistance under Title IV-E of the federal Social Security Act (42 U.S.C. 673), as amended;

(ii) adoption subsidies or assistance under IC 31-19-26.5;

(iii) assistance, including emergency assistance or assisted guardianships, provided under Title IV-A of the federal Social Security Act (42 U.S.C. 601 et seq.), as amended; or

(iv) other financial assistance provided to or for the benefit of a child who was previously adjudicated as a child in need of services or delinquent child, including a legal guardianship established to implement a permanency plan under IC 31-34-21-7.5(c)(1)(E) if IC 29-3-8-9 applies and the assistance is approved under a rule or published policy of the department.

(2) Costs of using an institution or facility for providing educational services to children described in subdivision (1)(A), under either IC 20-33-2-29 (if applicable) or IC 20-26-11-13 (if applicable).

As added by P.L.146-2008, SEC.537. Amended by P.L.229-2011, SEC.255; P.L.128-2012, SEC.26.

 

IC 31-9-2-18"Child support guidelines"

     Sec. 18. "Child support guidelines", for purposes of IC 31-16-8-1, refers to the guidelines adopted by the Indiana supreme court.

[Pre-1997 Recodification Citations: 31-1-11.5-17(a) part; 31-6-6.1-13(g) part.]

As added by P.L.1-1997, SEC.1. Amended by P.L.207-2013, SEC.16.

 

IC 31-9-2-19"Child support order"

     Sec. 19. "Child support order", for purposes of the Uniform Interstate Family Support Act under IC 31-18.5, has the meaning set forth in IC 31-18.5-1-2.

[Pre-1997 Recodification Citations: 31-1.5-1-1 part; 31-1.5-1-3 part.]

As added by P.L.1-1997, SEC.1. Amended by P.L.206-2015, SEC.5.

 

IC 31-9-2-19.3"Child welfare agency"

     Sec. 19.3. "Child welfare agency", for purposes of IC 31-25-2-20.4, means:

(1) the department of child services; and

(2) a person (as defined in IC 24-4-14-5) that, directly or indirectly, provides:

(A) services to a child or family of a child, for which payment is made, in whole or in part, by the department of child services or a local office of the department of child services;

(B) services to:

(i) a child who is; or

(ii) a family with;

a child at imminent risk of placement (as defined in IC 31-26-5-1) who is referred by the department of child services or a local office of the department of child services to the person for family support or family preservation services; or

(C) assistance to or works in cooperation with the department of child services in the investigations of allegations of possible child abuse or neglect in accordance with IC 31-33.

As added by P.L.138-2007, SEC.11.

 

IC 31-9-2-19.5"Child welfare services"

     Sec. 19.5. "Child welfare services", for purposes of this title, means services provided under a child welfare program.

As added by P.L.145-2006, SEC.182. Amended by P.L.146-2008, SEC.538.

 

IC 31-9-2-19.6"Child welfare program"

     Sec. 19.6. "Child welfare program", for purposes of this title, has the meaning set forth in IC 31-26-3.5-1.

As added by P.L.146-2008, SEC.539.

 

IC 31-9-2-20"Child with a disability"

     Sec. 20. "Child with a disability", for purposes of IC 31-34-1-9, means an individual who:

(1) is less than eighteen (18) years of age; and

(2) has a disability (as defined in IC 22-9-1-3(r)).

[Pre-1997 Recodification Citation: 31-6-4-3(g).]

As added by P.L.1-1997, SEC.1.

 

IC 31-9-2-20.3"Child with special needs"

     Sec. 20.3. "Child with special needs", for purposes of IC 31-19-26.5, has the meaning set forth in IC 31-19-26.5-2.

As added by P.L.146-2008, SEC.540.

 

IC 31-9-2-20.5"Commencement"

     Sec. 20.5. "Commencement", for purposes of the Uniform Child Custody Jurisdiction Act under IC 31-21, has the meaning set forth in IC 31-21-2-6.

As added by P.L.138-2007, SEC.12.

 

IC 31-9-2-21Repealed

[Pre-1997 Recodification Citation: 31-6-14-1.]

As added by P.L.1-1997, SEC.1. Repealed by P.L.131-2009, SEC.76.

 

IC 31-9-2-22"Compact"

     Sec. 22. "Compact", for purposes of IC 31-37-23, has the meaning set forth in IC 31-37-23-2.

[Pre-1997 Recodification Citation: 31-6-10-2 part.]

As added by P.L.1-1997, SEC.1.

 

IC 31-9-2-22.1"Concurrent planning"

     Sec. 22.1. (a) Subject to subsection (b), "concurrent planning", for purposes of IC 31-34 and IC 31-35, means the establishment of a case plan with concurrent permanency plan goals, including the following:

(1) 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.

(2) Placement of the child for adoption.

(3) Placement of the child with a fit and willing relative who is able and willing to act as the child's permanent custodian and carry out the responsibilities required by the permanency plan.

(4) Appointment of a legal guardian.

(5) 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.

     (b) "Concurrent planning", for purposes of IC 31-34, requires the identification of two (2) permanency plan goals and simultaneous reasonable efforts toward both goals with knowledge of all participants.

As added by P.L.183-2017, SEC.5.

 

IC 31-9-2-22.5"Conduct a criminal history check"

     Sec. 22.5. "Conduct a criminal history check", for purposes of IC 31-19, IC 31-26, IC 31-27, IC 31-28, IC 31-33, IC 31-34, IC 31-37, and IC 31-39-2-13.5, means to:

(1) request:

(A) the state police department to conduct a:

(i) fingerprint based criminal history background check of both national and state records data bases concerning a person who is at least eighteen (18) years of age in accordance with IC 10-13-3-27 and IC 10-13-3-39; or

(ii) national name based criminal history record check (as defined in IC 10-13-3-12.5) of a person who is at least eighteen (18) years of age as provided by IC 10-13-3-27.5; or

(B) if an individual has:

(i) a physical disability that prevents fingerprinting and a person approved by the department who is trained to take fingerprints or a qualified medical practitioner (as defined in IC 31-9-2-100.5) verifies that the individual has a disabling condition that prevents fingerprinting; or

(ii) low quality fingerprints, as a result of age, occupation, or otherwise, that prevent fingerprint results from being obtained and the individual's fingerprints have been rejected the required number of times by automated fingerprint classification equipment or rejected by a person designated by the Indiana state police department to examine and classify fingerprints;

the state police department to conduct a national name based criminal history record check (as defined in IC 10-13-3-12.5) or request the state police department to release or allow inspection of a limited criminal history (as defined in IC 10-13-3-11) and the state police in every state the individual has resided in the past five (5) years to release or allow inspection of the state's criminal history;

(2) collect each substantiated report of child abuse or neglect reported in a jurisdiction where a probation officer, a caseworker, or the department of child services has reason to believe that a person who is fourteen (14) years of age or older, or a person for whom a fingerprint based criminal history background check is required under IC 31, resided within the previous five (5) years;

(3) conduct a check of the national sex offender registry maintained by the United States Department of Justice for all persons who are at least fourteen (14) years of age; and

(4) conduct a check of local law enforcement agency records in every jurisdiction where a person who is at least eighteen (18) years of age has resided within the previous five (5) years unless the department of child services or a court grants an exception to conducting this check.

As added by P.L.234-2005, SEC.81. Amended by P.L.145-2006, SEC.183; P.L.138-2007, SEC.13; P.L.162-2011, SEC.5; P.L.104-2015, SEC.7; P.L.25-2017, SEC.2.

 

IC 31-9-2-23Repealed

[Pre-1997 Recodification Citation: 31-1-11.6-2(1) part.]

As added by P.L.1-1997, SEC.1. Repealed by P.L.138-2007, SEC.93.

 

IC 31-9-2-23.7"Contact"

     Sec. 23.7. "Contact", for purposes of IC 31-33-18-1.5, has the meaning set forth in IC 31-33-18-1.5(d).

As added by P.L.183-2011, SEC.3.

 

IC 31-9-2-23.8"Contact preference form"

Effective 7-1-2018.

     Sec. 23.8. "Contact preference form" means the form prescribed by the state registrar under IC 31-19-25-4.6.

As added by P.L.3-2016, SEC.1.

 

IC 31-9-2-24"Controlled substance"

     Sec. 24. "Controlled substance", for purposes of the juvenile law, has the meaning set forth in IC 35-48-1.

[Pre-1997 Recodification Citations: 31-6-1-6 part; 31-6-1-10.]

As added by P.L.1-1997, SEC.1.

 

IC 31-9-2-24.2"Convention"

     Sec. 24.2. "Convention", for purposes of the Uniform Interstate Family Support Act under IC 31-18.5, has the meaning set forth in IC 31-18.5-1-2.

As added by P.L.206-2015, SEC.6.

 

IC 31-9-2-24.3"Convention support order"

     Sec. 24.3. "Convention support order", for purposes of the Uniform Interstate Family Support Act under IC 31-18.5, has the meaning set forth in IC 31-18.5-7-1.

As added by P.L.206-2015, SEC.7.

 

IC 31-9-2-24.5"Costs of secure detention"

     Sec. 24.5. "Costs of secure detention", for purposes of this title, has the meaning set forth in IC 31-40-1-1.5.

As added by P.L.146-2008, SEC.541.

 

IC 31-9-2-25"Council"

     Sec. 25. "Council", for purposes of IC 31-31-9, refers to the city-county council of the consolidated city within the county.

[Pre-1997 Recodification Citation: 31-6-9.5-1 part.]

As added by P.L.1-1997, SEC.1.

 

IC 31-9-2-26Repealed

[Pre-1997 Recodification Citations: 31-6-1-6 part; 31-6-1-11.]

As added by P.L.1-1997, SEC.1. Amended by P.L.145-2006, SEC.184; P.L.138-2007, SEC.14; P.L.146-2008, SEC.542. Repealed by P.L.128-2012, SEC.27.

 

IC 31-9-2-27"Court"

     Sec. 27. (a) "Court", for purposes of IC 31-15, IC 31-16, and IC 31-17, means the circuit, superior, or other courts of Indiana upon which jurisdiction to enter dissolution decrees has been or may be conferred.

     (b) "Court", for purposes of IC 31-16-15, refers to the court having jurisdiction over child support orders.

     (c) "Court", for purposes of IC 31-37-23, has the meaning set forth in IC 31-37-23-3.

     (d) "Court", for purposes of the Interstate Compact on Juveniles under IC 31-37-23-1, has the meaning set forth in IC 31-37-23-1.

     (e) "Court", for purposes of IC 31-27, means a circuit or superior court.

     (f) "Court", for purposes of the Uniform Child Custody Jurisdiction Act under IC 31-21, has the meaning set forth in IC 31-21-2-7.

[Pre-1997 Recodification Citations: subsection (a) formerly 31-1-11.5-2(a); subsection (b) formerly 31-2-10-1; subsection (c) formerly 31-6-10-2 part; subsection (d) formerly 31-6-10-1 part.]

As added by P.L.1-1997, SEC.1. Amended by P.L.145-2006, SEC.185; P.L.138-2007, SEC.15.

 

IC 31-9-2-28"Court appointed special advocate"

     Sec. 28. (a) "Court appointed special advocate", for purposes of IC 31-15-6, IC 31-17-6, IC 31-19-16, IC 31-19-16.5, IC 31-28-5, and the juvenile law, means a community volunteer who:

(1) has completed a training program approved by the court;

(2) has been appointed by a court to represent and protect the best interests of a child; and

(3) may research, examine, advocate, facilitate, and monitor a child's situation.

     (b) "Court appointed special advocate", for purposes of IC 31-33, IC 31-34, IC 31-35, and IC 31-37, means a community volunteer who:

(1) has completed a training program approved by the court that includes training in:

(A) the identification and treatment of child abuse and neglect; and

(B) early childhood, child, and adolescent development;

as required by 42 U.S.C. 5106a(b)(2)(B)(xiii);

(2) has been appointed by a court to represent and protect the best interests of a child; and

(3) may research, examine, advocate, facilitate, and monitor a child's situation.

[Pre-1997 Recodification Citations: 31-1-11.5-28(a); 31-6-1-6 part; 31-6-1-12.]

As added by P.L.1-1997, SEC.1. Amended by P.L.196-1997, SEC.1; P.L.14-2000, SEC.63; P.L.133-2008, SEC.5; P.L.48-2012, SEC.12.

 

IC 31-9-2-29"Crime"

     Sec. 29. "Crime", for purposes of the juvenile law, means an offense for which an adult might be imprisoned or incarcerated if convicted under the law of the jurisdiction in which the offense is committed.

[Pre-1997 Recodification Citations: 31-6-1-6 part; 31-6-1-13.]

As added by P.L.1-1997, SEC.1.

 

IC 31-9-2-29.5"Crime involving domestic or family violence"

     Sec. 29.5. "Crime involving domestic or family violence" means a crime that occurs when a family or household member commits, attempts to commit, or conspires to commit any of the following against another family or household member:

(1) A homicide offense under IC 35-42-1.

(2) A battery offense under IC 35-42-2.

(3) Kidnapping or confinement under IC 35-42-3.

(4) A sex offense under IC 35-42-4.

(5) Robbery under IC 35-42-5.

(6) Arson or mischief under IC 35-43-1.

(7) Burglary or trespass under IC 35-43-2.

(8) Disorderly conduct under IC 35-45-1.

(9) Intimidation or harassment under IC 35-45-2.

(10) Voyeurism under IC 35-45-4.

(11) Stalking under IC 35-45-10.

(12) An offense against the family under IC 35-46-1-2 through IC 35-46-1-8, IC 35-46-1-12, IC 35-46-1-15.1, or IC 35-46-1-15.3.

(13) Human and sexual trafficking crimes under IC 35-42-3.5.

(14) A crime involving animal cruelty and a family or household member under IC 35-46-3-12(b)(2) or IC 35-46-3-12.5.

As added by P.L.133-2002, SEC.20. Amended by P.L.173-2006, SEC.46; P.L.171-2007, SEC.1; P.L.111-2009, SEC.6; P.L.65-2016, SEC.12.

 

IC 31-9-2-29.7Repealed

As added by P.L.70-2004, SEC.10. Repealed by P.L.234-2005, SEC.192.

 

IC 31-9-2-30"Custodial parent"

     Sec. 30. "Custodial parent", for purposes of IC 31-14-13-8, IC 31-14-15, IC 31-16-6-1.5, IC 31-16-12.5, IC 31-17-2-22, and IC 31-17-4, means the parent who has been awarded physical custody of a child by a court.

[Pre-1997 Recodification Citations: 31-1-11.5-26(a) part; 31-6-6.1-12.1(a) part.]

As added by P.L.1-1997, SEC.1. Amended by P.L.27-2004, SEC.2; P.L.210-2011, SEC.1; P.L.207-2013, SEC.17.

 

IC 31-9-2-31"Custodian"

     Sec. 31. (a) "Custodian", for purposes of the juvenile law, means a person with whom a child resides.

     (b) "Custodian", for purposes of IC 31-34-1, includes any person who is:

(1) a license applicant or licensee of:

(A) a foster home or residential child care facility that is required to be licensed or is licensed under IC 31-27;

(B) a child care center that is required to be licensed or is licensed under IC 12-17.2-4; or

(C) a child care home that is required to be licensed or is licensed under IC 12-17.2-5;

(2) a person who is responsible for care, supervision, or welfare of children while providing services as an owner, operator, director, manager, supervisor, employee, or volunteer at:

(A) a home, center, or facility described in subdivision (1);

(B) a child care ministry, as defined in IC 12-7-2-28.8, that is exempt from licensing requirements and is registered or required to be registered under IC 12-17.2-6;

(C) a home, center, or facility of a child care provider, as defined in IC 12-7-2-149.1(4);

(D) a home, center, or facility that is the location of a program that provides child care, as defined in section 16.3 of this chapter, to serve migrant children and that is exempt from licensing under IC 12-17.2-2-8(6), whether or not the program is certified as described in IC 12-17.2-2-9; or

(E) a school, as defined in section 113.5 of this chapter;

(3) a child caregiver, as defined in section 16.4 of this chapter;

(4) a member of the household of the child's noncustodial parent; or

(5) an individual who has or intends to have direct contact, on a regular and continuing basis, with a child for whom the individual provides care and supervision.

[Pre-1997 Recodification Citations: subsection (a) formerly 31-6-1-6 part; 31-6-1-14; subsection (b) formerly 31-6-4-3(c).]

As added by P.L.1-1997, SEC.1. Amended by P.L.146-2006, SEC.12; P.L.124-2007, SEC.9; P.L.162-2011, SEC.7.

 

IC 31-9-2-32Repealed

[Pre-1997 Recodification Citation: 31-1-11.6-2(4) part.]

As added by P.L.1-1997, SEC.1. Repealed by P.L.138-2007, SEC.93.

 

IC 31-9-2-33Repealed

[Pre-1997 Recodification Citation: 31-1-11.6-2(2) part.]

As added by P.L.1-1997, SEC.1. Repealed by P.L.138-2007, SEC.93.

 

IC 31-9-2-34Repealed

[Pre-1997 Recodification Citation: 31-1-11.6-2(3) part.]

As added by P.L.1-1997, SEC.1. Repealed by P.L.138-2007, SEC.93.

 

IC 31-9-2-35Repealed

[Pre-1997 Recodification Citation: 31-1-11.6-2(4) part.]

As added by P.L.1-1997, SEC.1. Repealed by P.L.138-2007, SEC.93.

 

IC 31-9-2-35.5"De facto custodian"

     Sec. 35.5. "De facto custodian", for purposes of IC 31-14-13, IC 31-17-2, and IC 31-34-4, means a person who has been the primary caregiver for, and financial support of, a child who has resided with the person for at least:

(1) six (6) months if the child is less than three (3) years of age; or

(2) one (1) year if the child is at least three (3) years of age.

Any period after a child custody proceeding has been commenced may not be included in determining whether the child has resided with the person for the required minimum period. The term does not include a person providing care for a child in a foster family home (as defined in IC 31-9-2-46.9).

As added by P.L.96-1999, SEC.1. Amended by P.L.145-2006, SEC.186; P.L.52-2007, SEC.7.

 

IC 31-9-2-36"Delinquent"

     Sec. 36. (a) "Delinquent", for purposes of IC 31-16-15, refers to a situation in which an obligor is the equivalent of one (1) month in arrears in the payment of child support ordered by a court.

     (b) "Delinquent", for purposes of IC 31-16-16, refers to a situation in which an obligor is in arrears in the payment of child support ordered by a court in Indiana or another state that has jurisdiction over the support order.

[Pre-1997 Recodification Citations: subsection (a) formerly 31-2-10-2; subsection (b) formerly 31-2-11-1.]

As added by P.L.1-1997, SEC.1.

 

IC 31-9-2-37"Delinquent child"

     Sec. 37. (a) "Delinquent child", for purposes of the juvenile law, except as provided in subsection (b), means:

(1) a child described in IC 31-37-1-1; or

(2) a child described in IC 31-37-2-1.

     (b) "Delinquent child", for purposes of IC 31-37-23, has the meaning set forth in IC 31-37-23-4.

[1997 Recodification Citation: subsection (a) New; Pre-1997 Recodification Citation: subsection (b) formerly 31-6-10-2 part.]

As added by P.L.1-1997, SEC.1.

 

IC 31-9-2-38"Delinquent juvenile"

     Sec. 38. "Delinquent juvenile", for purposes of the Interstate Compact on Juveniles under IC 31-37-23-1, has the meaning set forth in IC 31-37-23-1.

[Pre-1997 Recodification Citation: 31-6-10-1 part.]

As added by P.L.1-1997, SEC.1.

 

IC 31-9-2-38.5"Department"

     Sec. 38.5. "Department", for purposes of IC 31-19 and IC 31-25 through IC 31-40, has the meaning set forth in IC 31-25-2-1.

As added by P.L.234-2005, SEC.82. Amended by P.L.145-2006, SEC.187; P.L.138-2007, SEC.16.

 

IC 31-9-2-39"Dependent child" or "neglected child"

     Sec. 39. "Dependent child" or "neglected child", for purposes of IC 31-37-23, has the meaning set forth in IC 31-37-23-5.

[Pre-1997 Recodification Citation: 31-6-10-2 part.]

As added by P.L.1-1997, SEC.1.

 

IC 31-9-2-39.5"Destitute child"

     Sec. 39.5. "Destitute child", for purposes of this title, means an individual:

(1) who is needy;

(2) who is not a public ward;

(3) who is less than eighteen (18) years of age;

(4) who has been deprived of parental support or care because of a parent's:

(A) death;

(B) continued absence from the home; or

(C) physical or mental incapacity;

(5) whose relatives liable for the individual's support are not able to provide adequate care or support for the individual without public assistance; and

(6) who is in need of foster care, under circumstances that do not require the individual to be made a public ward.

As added by P.L.145-2006, SEC.188. Amended by P.L.146-2008, SEC.543.

 

IC 31-9-2-40"Director"

     Sec. 40. "Director", for purposes of IC 31-25-1, IC 31-25-2, IC 31-33, IC 31-34, and IC 31-37, refers to the director of the department of child services.

[Pre-1997 Recodification Citation: 31-6-11-2.1(1).]

As added by P.L.1-1997, SEC.1. Amended by P.L.55-1997, SEC.10; P.L.234-2005, SEC.83; P.L.145-2006, SEC.190.

 

IC 31-9-2-40.5"Direct request"

     Sec. 40.5. "Direct request", for purposes of the Uniform Interstate Family Support Act under IC 31-18.5, has the meaning set forth in IC 31-18.5-7-1.

As added by P.L.206-2015, SEC.8.

 

IC 31-9-2-41"Dissolution decree"

     Sec. 41. "Dissolution decree", for purposes of IC 31-15, IC 31-16, and IC 31-17, means a judicial decree entered in a proceeding for the dissolution of marriage which:

(1) has the effect of terminating the marriage and restoring the parties to the state of unmarried persons; and

(2) may include those matters set forth in IC 31-15-2-16.

[Pre-1997 Recodification Citation: 31-1-11.5-2(b).]

As added by P.L.1-1997, SEC.1.

 

IC 31-9-2-41.2Repealed

As added by P.L.273-1999, SEC.95. Repealed by P.L.145-2006, SEC.376.

 

IC 31-9-2-42"Domestic or family violence"

     Sec. 42. "Domestic or family violence" means, except for an act of self defense, the occurrence of one (1) or more of the following acts committed by a family or household member:

(1) Attempting to cause, threatening to cause, or causing physical harm to another family or household member without legal justification.

(2) Placing a family or household member in fear of physical harm without legal justification.

(3) Causing a family or household member to involuntarily engage in sexual activity by force, threat of force, or duress.

(4) Beating (as described in IC 35-46-3-0.5(2)), torturing (as described in IC 35-46-3-0.5(5)), mutilating (as described in IC 35-46-3-0.5(3)), or killing a vertebrate animal without justification with the intent to threaten, intimidate, coerce, harass, or terrorize a family or household member.

For purposes of IC 22-4-15-1 and IC 34-26-5, domestic or family violence also includes stalking (as defined in IC 35-45-10-1) or a sex offense under IC 35-42-4, whether or not the stalking or sex offense is committed by a family or household member.

[Pre-1997 Recodification Citations: 31-1-11.5-2(d); 31-6-6.1-11(a) part.]

As added by P.L.1-1997, SEC.1. Amended by P.L.133-2002, SEC.21; P.L.189-2003, SEC.9; P.L.221-2003, SEC.3; P.L.97-2004, SEC.104; P.L.171-2007, SEC.2.

 

IC 31-9-2-42.3"Drug or alcohol screen test"

     Sec. 42.3. "Drug or alcohol screen test" means a test used to determine the presence or use of alcohol, a controlled substance, or a drug in a person's bodily substance.

As added by P.L.131-2009, SEC.7.

 

IC 31-9-2-43"Duty of support"

     Sec. 43. "Duty of support", for purposes of the Uniform Interstate Family Support Act under IC 31-18.5, has the meaning set forth in IC 31-18.5-1-2.

[Pre-1997 Recodification Citations: 31-1.5-1-1 part; 31-1.5-1-4 part.]

As added by P.L.1-1997, SEC.1. Amended by P.L.206-2015, SEC.9.

 

IC 31-9-2-43.2"Early intervention advocate"

     Sec. 43.2. "Early intervention advocate", for purposes of IC 31-32-3, means a volunteer or staff member of a preventative program who is appointed by the court as an officer of the court to assist, represent, and protect the interests of at-risk children.

As added by P.L.183-2011, SEC.4.

 

IC 31-9-2-43.3Repealed

As added by P.L.145-2006, SEC.189. Repealed by P.L.119-2013, SEC.4.

 

IC 31-9-2-43.5"Emergency medical services provider"

     Sec. 43.5. "Emergency medical services provider" has the meaning set forth in IC 16-41-10-1.

As added by P.L.133-2000, SEC.2.

 

IC 31-9-2-43.8"Evaluator"

     Sec. 43.8. "Evaluator", for purposes of IC 31-32-2 and IC 31-37-8-4.5, means a person responsible for providing mental health screening, evaluation, or treatment to a child in connection with a juvenile proceeding or probation proceeding under this title.

As added by P.L.120-2007, SEC.2.

 

IC 31-9-2-44"Executive authority"

     Sec. 44. "Executive authority", for purposes of IC 31-37-23, has the meaning set forth in IC 31-37-23-6.

[Pre-1997 Recodification Citation: 31-6-10-2 part.]

As added by P.L.1-1997, SEC.1.

 

IC 31-9-2-44.3Repealed

As added by P.L.145-2006, SEC.191. Repealed by P.L.146-2008, SEC.804.

 

IC 31-9-2-44.5"Family or household member"

     Sec. 44.5. (a) An individual is a "family or household member" of another person if the individual:

(1) is a current or former spouse of the other person;

(2) is dating or has dated the other person;

(3) is engaged or was engaged in a sexual relationship with the other person;

(4) is related by blood or adoption to the other person;

(5) is or was related by marriage to the other person;

(6) has or previously had an established legal relationship:

(A) as a guardian of the other person;

(B) as a ward of the other person;

(C) as a custodian of the other person;

(D) as a foster parent of the other person; or

(E) in a capacity with respect to the other person similar to those listed in clauses (A) through (D); or

(7) has a child in common with the other person.

     (b) An individual is a "family or household member" of both persons to whom subsection (a)(1), (a)(2), (a)(3), (a)(4), (a)(5), (a)(6), or (a)(7) applies if the individual is a minor child of one (1) of the persons.

As added by P.L.133-2002, SEC.22. Amended by P.L.97-2004, SEC.105.

 

IC 31-9-2-44.8"Family preservation services"

     Sec. 44.8. "Family preservation services", for purposes of IC 31-26-5 and IC 31-26-6, means short term, highly intensive services designed to protect, treat, and support the following:

(1) A family with a child at risk of placement by enabling the family to remain intact and care for the child at home.

(2) A family that adopts or plans to adopt an abused or neglected child who is at risk of placement or adoption disruption by assisting the family to achieve or maintain a stable, successful adoption of the child.

As added by P.L.138-2007, SEC.17. Amended by P.L.146-2008, SEC.544; P.L.2-2014, SEC.115.

 

IC 31-9-2-45"Family services"

     Sec. 45. "Family services", for purposes of the juvenile law, means services provided to:

(1) prevent a child from being removed from a parent, guardian, or custodian;

(2) reunite the child with a parent, guardian, or custodian; or

(3) implement a permanent plan of adoption, guardianship, or emancipation of a child.

[Pre-1997 Recodification Citations: 31-6-1-6 part; 31-6-1-15.]

As added by P.L.1-1997, SEC.1.

 

IC 31-9-2-46"Final separation"

     Sec. 46. "Final separation", for purposes of IC 31-15-7, means the date of filing of the petition for dissolution of marriage under IC 31-15-2-4 (or IC 31-1-11.5-3 before its repeal). However, if:

(1) a legal separation proceeding involving the parties was pending when the petition for dissolution of marriage under IC 31-15-2-4 (or IC 31-1-11.5-3 before its repeal) was filed; or

(2) a provisional order or final decree for legal separation of the parties was in effect when the petition for dissolution of marriage under IC 31-15-2-4 (or IC 31-1-11.5-3 before its repeal) was filed;

the term means the date that the petition for legal separation was filed under IC 31-15-3-4 (or IC 31-1-11.5-3 before its repeal).

[Pre-1997 Recodification Citation: 31-1-11.5-11(a).]

As added by P.L.1-1997, SEC.1.

 

IC 31-9-2-46.1"Foreign central authority"

     Sec. 46.1. "Foreign central authority", for purposes of the Uniform Interstate Family Support Act under IC 31-18.5, has the meaning set forth in IC 31-18.5-7-1.

As added by P.L.206-2015, SEC.10.

 

IC 31-9-2-46.2"Foreign country"

     Sec. 46.2. "Foreign country", for purposes of the Uniform Interstate Family Support Act under IC 31-18.5, has the meaning set forth in IC 31-18.5-1-2.

As added by P.L.206-2015, SEC.11.

 

IC 31-9-2-46.3"Foreign support agreement"

     Sec. 46.3. "Foreign support agreement", for purposes of the Uniform Interstate Family Support Act under IC 31-18.5, has the meaning set forth in IC 31-18.5-7-1.

As added by P.L.206-2015, SEC.12.

 

IC 31-9-2-46.4"Foreign support order"

     Sec. 46.4. "Foreign support order", for purposes of the Uniform Interstate Family Support Act under IC 31-18.5, has the meaning set forth in IC 31-18.5-1-2.

As added by P.L.206-2015, SEC.13.

 

IC 31-9-2-46.5"Financial institution"

     Sec. 46.5. "Financial institution", for purposes of IC 31-25-3 and IC 31-25-4, has the meaning set forth in IC 31-25-4-3.

As added by P.L.145-2006, SEC.192.

 

IC 31-9-2-46.6"Foreign tribunal"

     Sec. 46.6. "Foreign tribunal", for purposes of the Uniform Interstate Family Support Act under IC 31-18.5, has the meaning set forth in IC 31-18.5-1-2.

As added by P.L.206-2015, SEC.14.

 

IC 31-9-2-46.7"Foster care"

     Sec. 46.7. "Foster care", for purposes of IC 31-25, IC 31-26, IC 31-27, IC 31-28-1, IC 31-28-2, IC 31-28-3, IC 31-34-21-7.6, and IC 31-37-22-10, means living in:

(1) a place licensed under IC 31-27 or a comparable law of another state; or

(2) the home of an adult relative who is not licensed as a foster family home.

As added by P.L.145-2006, SEC.193. Amended by P.L.143-2008, SEC.1; P.L.48-2012, SEC.13; P.L.104-2015, SEC.8; P.L.149-2016, SEC.82.

 

IC 31-9-2-46.9"Foster family home"

     Sec. 46.9. "Foster family home", for purposes of IC 31-27, means a place where an individual resides and provides care and supervision on a twenty-four (24) hour basis to a child, as defined in section 13(d) of this chapter, who is receiving care and supervision under a juvenile court order or for purposes of placement.

As added by P.L.145-2006, SEC.194. Amended by P.L.143-2008, SEC.2; P.L.48-2012, SEC.14.

 

IC 31-9-2-47"Foster parent"

     Sec. 47. "Foster parent", for purposes of the juvenile law, means an individual who provides care and supervision to a child in a foster family home (as defined in IC 31-9-2-46.9).

[Pre-1997 Recodification Citations: 31-6-1-6 part; 31-6-1-16.]

As added by P.L.1-1997, SEC.1. Amended by P.L.145-2006, SEC.195; P.L.123-2014, SEC.2.

 

IC 31-9-2-47.6"Fund"

     Sec. 47.6. "Fund", for purposes of IC 31-26-4, has the meaning set forth in IC 31-26-4-3.

As added by P.L.145-2006, SEC.196.

 

IC 31-9-2-48"Governor"

     Sec. 48. "Governor", for purposes of IC 31-18.5-8, in the Uniform Interstate Family Support Act, has the meaning set forth in IC 31-18.5-8-1.

[Pre-1997 Recodification Citation: 31-1.5-8-1 part.]

As added by P.L.1-1997, SEC.1. Amended by P.L.206-2015, SEC.15.

 

IC 31-9-2-48.3"Grandparent visitation"

     Sec. 48.3. "Grandparent visitation", for purposes of IC 31-17-2.2, means visitation rights granted to a grandparent under IC 31-17-5.

As added by P.L.50-2006, SEC.1.

 

IC 31-9-2-48.5"Group home"

     Sec. 48.5. "Group home", for purposes of IC 31-27, means a residential structure in which care is provided on a twenty-four (24) hour basis for not more than ten (10) children.

As added by P.L.145-2006, SEC.197.

 

IC 31-9-2-49"Guardian"

     Sec. 49. (a) "Guardian", for purposes of IC 31-11-10-1, IC 31-15-2-5, and IC 31-15-3-4, has the meaning set forth in IC 29-3-1-6.

     (b) "Guardian", for purposes of the juvenile law, means a person appointed by a court to have the care and custody of a child or the child's estate, or both.

[Pre-1997 Recodification Citations: 31-6-1-6 part; 31-6-1-17.]

As added by P.L.1-1997, SEC.1. Amended by P.L.83-2014, SEC.9.

 

IC 31-9-2-50"Guardian ad litem"

     Sec. 50. (a) "Guardian ad litem", for purposes of IC 31-15-6, IC 31-19-16, IC 31-19-16.5, IC 31-28-5, and the juvenile law, means an attorney, a volunteer, or an employee of a county program designated under IC 33-24-6-4 who is appointed by a court to:

(1) represent and protect the best interests of a child; and

(2) provide the child with services requested by the court, including:

(A) researching;

(B) examining;

(C) advocating;

(D) facilitating; and

(E) monitoring;

the child's situation.

A guardian ad litem who is not an attorney must complete the same court approved training program that is required for a court appointed special advocate under section 28 of this chapter.

     (b) "Guardian ad litem", for purposes of IC 31-33, IC 31-34, IC 31-35 and IC 31-37, means an attorney, a volunteer, or an employee of a county program designated under IC 33-24-6-4 who:

(1) is appointed by a court to represent and protect the best interests of a child;

(2) is appointed by a court to provide the child with services requested by the court, including:

(A) researching;

(B) examining;

(C) advocating;

(D) facilitating; and

(E) monitoring;

the child's situation; and

(3) has completed training appropriate for the person's role, including training in:

(A) the identification and treatment of child abuse and neglect; and

(B) early childhood, child, and adolescent development;

as required by 42 U.S.C. 5106a(b)(2)(B)(xiii).

A guardian ad litem who is not an attorney must complete the same court approved training program that is required for a court appointed special advocate under section 28 of this chapter.

[Pre-1997 Recodification Citations: 31-1-11.5-28(b); 31-6-1-6 part; 31-6-1-18 part.]

As added by P.L.1-1997, SEC.1. Amended by P.L.196-1997, SEC.2; P.L.2-1998, SEC.72; P.L.98-2004, SEC.101; P.L.133-2008, SEC.6; P.L.1-2010, SEC.115; P.L.48-2012, SEC.15.

 

IC 31-9-2-51"Hard to place child" or "hard to place children"

     Sec. 51. "Hard to place child" or "hard to place children", for purposes of IC 31-19, means a child who is or children who are disadvantaged:

(1) because of:

(A) ethnic background;

(B) race;

(C) color;

(D) language;

(E) physical, mental, or medical disability; or

(F) age; or

(2) because the child or children are members of a sibling group that should be placed in the same home.

[Pre-1997 Recodification Citations: 31-3-1-1(b) part; 31-3-3-1(b).]

As added by P.L.1-1997, SEC.1. Amended by P.L.200-1999, SEC.1.

 

IC 31-9-2-52"Health care provider"

     Sec. 52. "Health care provider", for purposes of IC 31-32-6-4, IC 31-32-11-1, and IC 31-33, means any of the following:

(1) A licensed physician, intern, or resident.

(2) An osteopath.

(3) A chiropractor.

(4) A dentist.

(5) A podiatrist.

(6) A registered nurse or other licensed nurse.

(7) A mental health professional.

(8) A paramedic or an emergency medical technician.

(9) A social worker, an x-ray technician, or a laboratory technician employed by a hospital.

(10) A pharmacist.

(11) A person working under the direction of any of the practitioners listed in subdivisions (1) through (10).

[Pre-1997 Recodification Citation: 31-6-11-2.1(3).]

As added by P.L.1-1997, SEC.1. Amended by P.L.170-2009, SEC.10; P.L.1-2010, SEC.116.

 

IC 31-9-2-53"Home state"

     Sec. 53. (a) "Home state", for purposes of the Uniform Child Custody Jurisdiction Act under IC 31-21, has the meaning set forth in IC 31-21-2-8.

     (b) "Home state", for purposes of the Uniform Interstate Family Support Act under IC 31-18.5, has the meaning set forth in IC 31-18.5-1-2.

[Pre-1997 Recodification Citations: subsection (a) formerly 31-1-11.6-2(5) part; subsection (b) formerly 31-1.5-1-1 part; 31-1.5-1-5 part.]

As added by P.L.1-1997, SEC.1. Amended by P.L.138-2007, SEC.18; P.L.206-2015, SEC.16.

 

IC 31-9-2-54"Identifying information"

     Sec. 54. "Identifying information", for purposes of IC 31-19-9-6 and IC 31-19-17 through IC 31-19-25.5, means:

(1) any name that a party to an adoption has used or is using;

(2) any address that a party to an adoption has used or is using;

(3) the original certificates of birth stored with the state department of health with evidence of adoption under IC 31-19-13-2; and

(4) any other information, except the medical history, that may identify a person as a party to an adoption or as a birth parent, an adoptee, or an adoptive parent.

[Pre-1997 Recodification Citations: 31-3-1-6(h); 31-3-4-5.5.]

As added by P.L.1-1997, SEC.1. Amended by P.L.191-2011, SEC.6.

 

IC 31-9-2-54.5"Incapacitated person"

     Sec. 54.5. "Incapacitated person", for purposes of IC 31-11-10-1, IC 31-15-2-5, and IC 31-15-3-4, has the meaning set forth in IC 29-3-1-7.5.

As added by P.L.83-2014, SEC.10.

 

IC 31-9-2-55"Includes"

     Sec. 55. "Includes" means includes but is not limited to.

[1997 Recodification Citation: New.]

As added by P.L.1-1997, SEC.1.

 

IC 31-9-2-56"Income"

     Sec. 56. (a) "Income", for purposes of IC 31-16-15 and IC 31-16-16, means anything of value owed to an obligor.

     (b) "Income", for purposes of the Uniform Interstate Family Support Act under IC 31-18.5, means earnings or other periodic entitlements to money from any source, and any other property subject to withholding for support under Indiana law (as defined in IC 31-18.5-1-2).

[Pre-1997 Recodification Citations: 31-1.5-1-1 part; 31-1.5-1-6 part; 31-2-10-3; 31-2-11-2.]

As added by P.L.1-1997, SEC.1. Amended by P.L.206-2015, SEC.17.

 

IC 31-9-2-57"Income payor"

     Sec. 57. (a) "Income payor", for purposes of IC 31-16-15 and IC 31-16-16, means an employer or other person who owes income to an obligor (as defined in IC 31-9-2-86(a)).

     (b) "Income payor", for purposes of the Uniform Interstate Family Support Act under IC 31-18.5, means an employer or other person who owes income to an obligor (as defined in IC 31-18.5-1-2).

[Pre-1997 Recodification Citations: 31-1.5-1-1 part; 31-1.5-1-7 part; 31-2-10-4; 31-2-11-3.]

As added by P.L.1-1997, SEC.1. Amended by P.L.206-2015, SEC.18.

 

IC 31-9-2-58"Income withholding order"

     Sec. 58. (a) "Income withholding order", for purposes of IC 31-16-15 and IC 31-16-16, means an order or other legal process directed to an obligor's income payor to withhold:

(1) support; and

(2) support fees and maintenance fees as described in IC 33-37-5-6;

from the income of the obligor.

     (b) "Income withholding order", for purposes of the Uniform Interstate Family Support Act under IC 31-18.5, has the meaning set forth in IC 31-18.5-1-2.

[Pre-1997 Recodification Citations: 31-1.5-1-1 part; 31-1.5-1-8 part.]

As added by P.L.1-1997, SEC.1. Amended by P.L.206-2015, SEC.19.

 

IC 31-9-2-58.3"Index"

     Sec. 58.3. "Index", for purposes of IC 31-33-26, means the child protection index established under IC 31-33-26-2.

As added by P.L.138-2007, SEC.19.

 

IC 31-9-2-58.5Repealed

As added by P.L.70-2004, SEC.11. Repealed by P.L.131-2009, SEC.76.

 

IC 31-9-2-59Repealed

[Pre-1997 Recodification Citation: 31-1-11.6-2(6) part.]

As added by P.L.1-1997, SEC.1. Repealed by P.L.138-2007, SEC.93.

 

IC 31-9-2-59.5"Initial determination"

     Sec. 59.5. "Initial determination", for purposes of the Uniform Child Custody Jurisdiction Act under IC 31-21, has the meaning set forth in IC 31-21-2-9.

As added by P.L.138-2007, SEC.20.

 

IC 31-9-2-60Repealed

[Pre-1997 Recodification Citations: 31-1.5-1-1 part; 31-1.5-1-9 part.]

As added by P.L.1-1997, SEC.1. Repealed by P.L.206-2015, SEC.20.

 

IC 31-9-2-61"Initiating tribunal"

     Sec. 61. "Initiating tribunal", for purposes of the Uniform Interstate Family Support Act under IC 31-18.5, has the meaning set forth in IC 31-18.5-1-2.

[Pre-1997 Recodification Citations: 31-1.5-1-1 part; 31-1.5-1-10 part.]

As added by P.L.1-1997, SEC.1. Amended by P.L.206-2015, SEC.21.

 

IC 31-9-2-62"Intake officer"

     Sec. 62. "Intake officer", for purposes of the juvenile law, means a probation officer or a caseworker who performs the intake, preliminary inquiry, or other functions specified by the juvenile court or by the juvenile law.

[Pre-1997 Recodification Citations: 31-6-1-6 part; 31-6-1-19.]

As added by P.L.1-1997, SEC.1.

 

IC 31-9-2-63"Intended biological parent"

     Sec. 63. "Intended biological parent", for purposes of sections 126 and 127 of this chapter, means a party to a surrogate agreement who:

(1) agrees to be or is genetically related to a child borne by a surrogate; and

(2) is not the surrogate's spouse.

[Pre-1997 Recodification Citations: 31-8-1-1 part; 31-8-1-3.]

As added by P.L.1-1997, SEC.1.

 

IC 31-9-2-64"Interested person"

     Sec. 64. "Interested person", for purposes of IC 31-19-20 and IC 31-19-24, means any of the following:

(1) An adoptee.

(2) A birth parent.

(3) An adoptive parent.

(4) A relative of a birth parent.

(5) A relative of an adoptive parent.

(6) A relative of an adoptee.

(7) A pre-adoptive sibling (as defined in section 93 of this chapter).

(8) The department.

(9) An adoption agency.

(10) A court.

[Pre-1997 Recodification Citation: 31-3-4-6.]

As added by P.L.1-1997, SEC.1. Amended by P.L.145-2006, SEC.198; P.L.97-2013, SEC.1.

 

IC 31-9-2-64.5"Issuing court"

     Sec. 64.5. "Issuing court", for purposes of the Uniform Child Custody Jurisdiction Act under IC 31-21, has the meaning set forth in IC 31-21-2-10.

As added by P.L.138-2007, SEC.21.

 

IC 31-9-2-64.7"Issuing foreign country"

     Sec. 64.7. "Issuing foreign country", for purposes of the Uniform Interstate Family Support Act under IC 31-18.5, has the meaning set forth in IC 31-18.5-1-2.

As added by P.L.206-2015, SEC.22.

 

IC 31-9-2-65"Issuing state"

     Sec. 65. (a) "Issuing state", for purposes of the Uniform Interstate Family Support Act under IC 31-18.5, has the meaning set forth in IC 31-18.5-1-2.

     (b) "Issuing state", for purposes of the Uniform Child Custody Jurisdiction Act under IC 31-21, has the meaning set forth in IC 31-21-2-11.

[Pre-1997 Recodification Citations: 31-1.5-1-1 part; 31-1.5-1-11 part.]

As added by P.L.1-1997, SEC.1. Amended by P.L.138-2007, SEC.22; P.L.206-2015, SEC.23.

 

IC 31-9-2-66"Issuing tribunal"

     Sec. 66. "Issuing tribunal", for purposes of the Uniform Interstate Family Support Act under IC 31-18.5, has the meaning set forth in IC 31-18.5-1-2.

[Pre-1997 Recodification Citations: 31-1.5-1-1 part; 31-1.5-1-12 part.]

As added by P.L.1-1997, SEC.1. Amended by P.L.206-2015, SEC.24.

 

IC 31-9-2-67"Joint legal custody"

     Sec. 67. "Joint legal custody", for purposes of IC 31-14-13, IC 31-17-2-13, IC 31-17-2-14, and IC 31-17-2-15, means that the persons awarded joint custody will share authority and responsibility for the major decisions concerning the child's upbringing, including the child's education, health care, and religious training.

[Pre-1997 Recodification Citation: 31-1-11.5-21(f) part.]

As added by P.L.1-1997, SEC.1. Amended by P.L.95-2009, SEC.1.

 

IC 31-9-2-68"Judge"

     Sec. 68. "Judge", for purposes of the juvenile law, refers to the judge of the juvenile court.

[Pre-1997 Recodification Citations: 31-6-1-6 part; 31-6-1-20.]

As added by P.L.1-1997, SEC.1.

 

IC 31-9-2-69"Juvenile"

     Sec. 69. "Juvenile", for purposes of the Interstate Compact on Juveniles under IC 31-37-23-1, has the meaning set forth in IC 31-37-23-1.

[Pre-1997 Recodification Citation: 31-6-10-1 part.]

As added by P.L.1-1997, SEC.1.

 

IC 31-9-2-70"Juvenile court"

     Sec. 70. "Juvenile court", for purposes of the juvenile law, refers to a court having juvenile jurisdiction.

[Pre-1997 Recodification Citations: 31-6-1-6 part; 31-6-1-21.]

As added by P.L.1-1997, SEC.1.

 

IC 31-9-2-71"Juvenile detention facility"

     Sec. 71. "Juvenile detention facility", for purposes of the juvenile law, means a facility described in IC 31-31-8-2.

[Pre-1997 Recodification Citations: 31-6-1-6 part; 31-6-1-21.3.]

As added by P.L.1-1997, SEC.1.

 

IC 31-9-2-72"Juvenile law"

     Sec. 72. "Juvenile law" refers to IC 31-30 through IC 31-40.

[1997 Recodification Citation: New.]

As added by P.L.1-1997, SEC.1.

 

IC 31-9-2-72.5Repealed

As added by P.L.153-2007, SEC.1. Repealed by P.L.128-2012, SEC.28.

 

IC 31-9-2-72.6"Kinship care navigator"

     Sec. 72.6. "Kinship care navigator", for purposes of IC 31-25-2-20, means a person that assists kinship caregivers with understanding and navigating the system of services for children in out-of-home care under the pilot projects established under IC 31-25-2-20.

As added by P.L.153-2007, SEC.2.

 

IC 31-9-2-73"Law"

     Sec. 73. "Law", for purposes of the Uniform Interstate Family Support Act under IC 31-18.5, has the meaning set forth in IC 31-18.5-1-2.

[Pre-1997 Recodification Citations: 31-1.5-1-1 part; 31-1.5-1-13 part.]

As added by P.L.1-1997, SEC.1. Amended by P.L.206-2015, SEC.25.

 

IC 31-9-2-74"Law enforcement agency"

     Sec. 74. "Law enforcement agency", for purposes of IC 31-36, means a governmental agency or department whose principal function is the apprehension of criminal offenders.

[Pre-1997 Recodification Citation: 31-6-13-1.]

As added by P.L.1-1997, SEC.1.

 

IC 31-9-2-75"Legal settlement"

     Sec. 75. "Legal settlement", for purposes of IC 31-34-20-5, IC 31-34-21-10, IC 31-37-19-26, and IC 31-37-20-6, has the meaning set forth in IC 20-18-2-11.

[Pre-1997 Recodification Citation: 31-6-4-18.5(a).]

As added by P.L.1-1997, SEC.1. Amended by P.L.1-2005, SEC.198.

 

IC 31-9-2-76"Legend drug"

     Sec. 76. "Legend drug", for purposes of the juvenile law, has the meaning set forth in IC 16-18-2-199.

[Pre-1997 Recodification Citations: 31-6-1-6 part; 31-6-1-22.]

As added by P.L.1-1997, SEC.1.

 

IC 31-9-2-76.3"Licensee"

     Sec. 76.3. "Licensee", for purposes of IC 31-27, means a person who holds a valid license issued under IC 31-27.

As added by P.L.145-2006, SEC.199.

 

IC 31-9-2-76.4Repealed

As added by P.L.145-2006, SEC.200. Repealed by P.L.119-2013, SEC.5.

 

IC 31-9-2-76.5"Long term foster parent"

     Sec. 76.5. "Long term foster parent", for purposes of IC 31-34-21-4 and IC 31-34-21-4.5, has the meaning set forth in IC 31-34-21-4.6.

As added by P.L.152-2003, SEC.1. Amended by P.L.97-2004, SEC.106.

 

IC 31-9-2-76.6"Local office"

     Sec. 76.6. "Local office", for purposes of this title, refers to a local office established by the department to serve a county or a region.

As added by P.L.146-2008, SEC.545.

 

IC 31-9-2-77"Maternal or paternal grandparent"

     Sec. 77. "Maternal or paternal grandparent", for purposes of IC 31-17-5, includes:

(1) the adoptive parent of the child's parent;

(2) the parent of the child's adoptive parent; and

(3) the parent of the child's parent.

[Pre-1997 Recodification Citation: 31-1-11.7-1.]

As added by P.L.1-1997, SEC.1.

 

IC 31-9-2-78"Medical history"

     Sec. 78. "Medical history", for purposes of IC 31-19-18 through IC 31-19-20, means:

(1) a comprehensive report required by IC 31-19-2-7; and

(2) any voluntary medical information transmitted to the state registrar under IC 31-19-18-3.

[Pre-1997 Recodification Citation: 31-3-4-7.]

As added by P.L.1-1997, SEC.1.

 

IC 31-9-2-79"Medical information"

     Sec. 79. "Medical information", for purposes of IC 31-19-18, IC 31-19-20, and IC 31-19-24, means any information that may affect the medical history of an adoptee.

[Pre-1997 Recodification Citation: 31-3-4-8.]

As added by P.L.1-1997, SEC.1.

 

IC 31-9-2-80Repealed

[Pre-1997 Recodification Citation: 31-6-14-3.]

As added by P.L.1-1997, SEC.1. Amended by P.L.1-2005, SEC.199. Repealed by P.L.131-2009, SEC.76.

 

IC 31-9-2-80.5Repealed

As added by P.L.145-2006, SEC.201. Repealed by P.L.119-2013, SEC.6.

 

IC 31-9-2-80.8"Modification"

     Sec. 80.8. "Modification", for purposes of the Uniform Child Custody Jurisdiction Act under IC 31-21, has the meaning set forth in IC 31-21-2-12.

As added by P.L.138-2007, SEC.23.

 

IC 31-9-2-81Repealed

[Pre-1997 Recodification Citation: 31-1-11.6-2(7) part.]

As added by P.L.1-1997, SEC.1. Repealed by P.L.138-2007, SEC.93.

 

IC 31-9-2-81.5"Monitor"

     Sec. 81.5. "Monitor", for purposes of IC 31-27, means observation to determine the licensee's continuing compliance with IC 31-27.

As added by P.L.145-2006, SEC.202.

 

IC 31-9-2-82"Neglected child" or "dependent child"

     Sec. 82. "Neglected child" or "dependent child", for purposes of IC 31-37-23, has the meaning set forth in IC 31-37-23-5.

[Pre-1997 Recodification Citation: 31-6-10-2 part.]

As added by P.L.1-1997, SEC.1.

 

IC 31-9-2-83"Noncustodial parent"

     Sec. 83. "Noncustodial parent", for purposes of IC 31-14-13-10, IC 31-14-15, IC 31-16-6-1.5, and IC 31-17-4, means the parent who is not the custodial parent.

[Pre-1997 Recodification Citations: 31-1-11.5-26(a) part; 31-6-6.1-11(h) part; 31-6-6.1-12.1(a) part.]

As added by P.L.1-1997, SEC.1. Amended by P.L.210-2011, SEC.2; P.L.207-2013, SEC.18.

 

IC 31-9-2-84"Nonidentifying information"

     Sec. 84. "Nonidentifying information", for purposes of IC 31-19-18, IC 31-19-21, IC 31-19-23, and IC 31-19-24, means any information, other than a medical history, that:

(1) concerns an interested person to an adoption; and

(2) does not identify a birth parent, an adoptive parent, or an adoptee.

[Pre-1997 Recodification Citation: 31-3-4-8.5.]

As added by P.L.1-1997, SEC.1.

 

IC 31-9-2-84.6"Nonrelocating individual"

     Sec. 84.6. "Nonrelocating individual", for purposes of IC 31-14-13 and IC 31-17-2.2, means an individual who has, or has filed an action seeking:

(1) custody of the child;

(2) parenting time with the child; or

(3) visitation with the child under IC 31-17-5.

As added by P.L.50-2006, SEC.2.

 

IC 31-9-2-84.7"Nonrelocating parent"

     Sec. 84.7. "Nonrelocating parent", for purposes of IC 31-17-2.2, means a parent of a child who has or is seeking:

(1) custody of the child; or

(2) parenting time with the child;

and does not intend to move the individual's principal residence.

As added by P.L.50-2006, SEC.3.

 

IC 31-9-2-84.8"Nonwaivable offense"

     Sec. 84.8. "Nonwaivable offense", for purposes of this title, means a conviction of any of the following felonies:

(1) Murder (IC 35-42-1-1).

(2) Causing suicide (IC 35-42-1-2).

(3) Assisting suicide (IC 35-42-1-2.5).

(4) Voluntary manslaughter (IC 35-42-1-3).

(5) Reckless homicide (IC 35-42-1-5).

(6) Battery (IC 35-42-2-1) within the past five (5) years.

(7) Domestic battery (IC 35-42-2-1.3).

(8) Aggravated battery (IC 35-42-2-1.5).

(9) Kidnapping (IC 35-42-3-2).

(10) Criminal confinement (IC 35-42-3-3) within the past five (5) years.

(11) Human and sexual trafficking (IC 35-42-3.5).

(12) A felony sex offense under IC 35-42-4.

(13) Carjacking (IC 35-42-5-2) (repealed) within the past five (5) years.

(14) Arson (IC 35-43-1-1) within the past five (5) years.

(15) Incest (IC 35-46-1-3).

(16) Neglect of a dependent (IC 35-46-1-4(a)(1) and IC 35-46-1-4(a)(2)).

(17) Child selling (IC 35-46-1-4(d)).

(18) A felony involving a weapon under IC 35-47 or IC 35-47.5 within the past five (5) years.

(19) A felony relating to controlled substances under IC 35-48-4 within the past five (5) years.

(20) An offense relating to material or a performance that is harmful to minors or obscene under IC 35-49-3.

(21) A felony under IC 9-30-5 within the past five (5) years.

(22) A felony that is substantially equivalent to a felony listed in subdivisions (1) through (21) for which the conviction was entered in another state.

As added by P.L.183-2017, SEC.6.

 

IC 31-9-2-85"Obligee"

     Sec. 85. (a) "Obligee", for purposes of IC 31-16-15 and IC 31-16-16, means a person who is entitled to receive a payment under a support order.

     (b) "Obligee", for purposes of the Uniform Interstate Family Support Act under IC 31-18.5, has the meaning set forth in IC 31-18.5-1-2.

[Pre-1997 Recodification Citations: subsection (a) formerly 31-2-11-4; subsection (b) formerly 31-1.5-1-1 part; 31-1.5-1-14 part.]

As added by P.L.1-1997, SEC.1. Amended by P.L.103-2007, SEC.11; P.L.206-2015, SEC.26.

 

IC 31-9-2-86"Obligor"

     Sec. 86. (a) "Obligor", for purposes of IC 31-16-15 and IC 31-16-16, means an individual who has been ordered by a court to pay child support.

     (b) "Obligor", for purposes of the Uniform Interstate Family Support Act under IC 31-18.5, has the meaning set forth in IC 31-18.5-1-2.

     (c) "Obligor", for purposes of IC 31-25-4, has the meaning set forth in IC 31-25-4-4.

[Pre-1997 Recodification Citations: subsection (a) formerly 31-2-10-5; 31-2-11-5; subsection (b) formerly 31-1.5-1-1 part; 31-1.5-1-15 part.]

As added by P.L.1-1997, SEC.1. Amended by P.L.145-2006, SEC.203; P.L.206-2015, SEC.27.

 

IC 31-9-2-87"Omission"

     Sec. 87. "Omission", for purposes of IC 31-34-1-2, means an occurrence in which the parent, guardian, or custodian allowed the child of the parent, guardian, or custodian to receive an injury that the parent, guardian, or custodian had a reasonable opportunity to prevent or mitigate.

[Pre-1997 Recodification Citation: 31-6-4-3(b).]

As added by P.L.1-1997, SEC.1.

 

IC 31-9-2-87.5"Outside this state"

     Sec. 87.5. "Outside this state", for purposes of the Uniform Interstate Family Support Act under IC 31-18.5, has the meaning set forth in IC 31-18.5-1-2.

As added by P.L.206-2015, SEC.28.

 

IC 31-9-2-88"Parent"

     Sec. 88. (a) "Parent", for purposes of the juvenile law, means a biological or an adoptive parent. Unless otherwise specified, the term includes both parents, regardless of their marital status.

     (b) "Parent", for purposes of IC 31-34-1, IC 31-34-8, IC 31-34-16, IC 31-34-19, IC 31-34-20 and IC 31-35-2, includes an alleged father.

[Pre-1997 Recodification Citations: 31-6-1-6 part 31-6-1-23.]

As added by P.L.1-1997, SEC.1. Amended by P.L.162-2011, SEC.8.

 

IC 31-9-2-88.5"Parenting time"

     Sec. 88.5. "Parenting time" means the time set aside by a court order for a parent and child to spend together.

As added by P.L.68-2005, SEC.8.

 

IC 31-9-2-88.7"Permanency roundtable"

     Sec. 88.7. "Permanency roundtable", for purposes of IC 31-34-21-5.7 and IC 31-37-20-3, means an intervention designed to facilitate the permanency planning process for youth placed out-of-home by identifying solutions for permanency obstacles.

As added by P.L.48-2012, SEC.16.

 

IC 31-9-2-89"Person"

     Note: This version of section effective until 7-1-2018. See also following version of this section, effective 7-1-2018.

     Sec. 89. (a) "Person", for purposes of IC 31-19-19, IC 31-19-22, IC 31-19-25, and the juvenile law, means:

(1) a human being;

(2) a corporation;

(3) a limited liability company;

(4) a partnership;

(5) an unincorporated association; or

(6) a governmental entity.

     (b) "Person", for purposes of section 44.5 of this chapter, means an adult or a minor.

     (c) "Person", for purposes of IC 31-27, means an individual who is at least twenty-one (21) years of age, a corporation, a partnership, a voluntary association, or other entity.

     (d) "Person", for purposes of the Uniform Child Custody Jurisdiction Act under IC 31-21, has the meaning set forth in IC 31-21-2-13.

     (e) "Person", for purposes of the Uniform Interstate Family Support Act under IC 31-18.5, has the meaning set forth in IC 31-18.5-1-2.

[Pre-1997 Recodification Citations: 31-6-1-6 part; 31-6-1-24.]

As added by P.L.1-1997, SEC.1. Amended by P.L.133-2002, SEC.23; P.L.145-2006, SEC.204; P.L.138-2007, SEC.24; P.L.42-2009, SEC.1; P.L.191-2011, SEC.7; P.L.206-2015, SEC.29.

 

IC 31-9-2-89"Person"

     Note: This version of section effective 7-1-2018. See also preceding version of this section, effective until 7-1-2018.

     Sec. 89. (a) "Person", for purposes of IC 31-19-19, IC 31-19-25, and the juvenile law, means:

(1) a human being;

(2) a corporation;

(3) a limited liability company;

(4) a partnership;

(5) an unincorporated association; or

(6) a governmental entity.

     (b) "Person", for purposes of section 44.5 of this chapter, means an adult or a minor.

     (c) "Person", for purposes of IC 31-27, means an individual who is at least twenty-one (21) years of age, a corporation, a partnership, a voluntary association, or other entity.

     (d) "Person", for purposes of the Uniform Child Custody Jurisdiction Act under IC 31-21, has the meaning set forth in IC 31-21-2-13.

     (e) "Person", for purposes of the Uniform Interstate Family Support Act under IC 31-18.5, has the meaning set forth in IC 31-18.5-1-2.

[Pre-1997 Recodification Citations: 31-6-1-6 part; 31-6-1-24.]

As added by P.L.1-1997, SEC.1. Amended by P.L.133-2002, SEC.23; P.L.145-2006, SEC.204; P.L.138-2007, SEC.24; P.L.42-2009, SEC.1; P.L.191-2011, SEC.7; P.L.206-2015, SEC.29; P.L.3-2016, SEC.2.

 

IC 31-9-2-90"Person acting as parent"

     Sec. 90. "Person acting as a parent", for purposes of the Uniform Child Custody Jurisdiction Act under IC 31-21, has the meaning set forth in IC 31-21-2-14.

[Pre-1997 Recodification Citation: 31-1-11.6-2(9) part.]

As added by P.L.1-1997, SEC.1. Amended by P.L.138-2007, SEC.25.

 

IC 31-9-2-91"Petitioner"

     Sec. 91. "Petitioner", for purposes of the Uniform Child Custody Jurisdiction Act under IC 31-21, has the meaning set forth in IC 31-21-2-15.

[Pre-1997 Recodification Citations: 31-1.5-1-1 part; 31-1.5-1-14 part.]

As added by P.L.1-1997, SEC.1. Amended by P.L.138-2007, SEC.26; P.L.206-2015, SEC.30.

 

IC 31-9-2-92"Physical custody"

     Sec. 92. "Physical custody", for purposes of the Uniform Child Custody Jurisdiction Act under IC 31-21, has the meaning set forth in IC 31-21-2-16.

[Pre-1997 Recodification Citation: 31-1-11.6-2(8) part.]

As added by P.L.1-1997, SEC.1. Amended by P.L.138-2007, SEC.27.

 

IC 31-9-2-92.5"Plan"

     Sec. 92.5. (a) "Plan", for purposes of IC 31-26-6, has the meaning set forth in IC 31-26-6-1.

     (b) "Plan", for purposes of IC 31-25-4, has the meaning set forth in IC 31-25-4-5.

As added by P.L.55-1997, SEC.11. Amended by P.L.145-2006, SEC.205; P.L.146-2008, SEC.546.

 

IC 31-9-2-93"Pre-adoptive sibling"

     Sec. 93. "Pre-adoptive sibling", for purposes of:

(1) IC 31-19-18;

(2) IC 31-19-16.5;

(3) IC 31-19-24; and

(4) IC 31-19-25.5;

means a person who would have been a sibling of an adoptee had the adoptee not been adopted, regardless of whether the person is born before or after the adoptee's adoption is finalized.

[Pre-1997 Recodification Citations: 31-3-4-8.6; 31-3-4.5-5(a).]

As added by P.L.1-1997, SEC.1. Amended by P.L.196-1997, SEC.3; P.L.2-1998, SEC.73; P.L.58-2009, SEC.1; P.L.191-2011, SEC.8.

 

IC 31-9-2-94"Preliminary inquiry"

     Sec. 94. "Preliminary inquiry", for purposes of IC 31-34 and IC 31-37, means an informal investigation into the facts and circumstances reported to the court.

[Pre-1997 Recodification Citation: 31-6-4-8(b) part 31-6-4-7(b).]

As added by P.L.1-1997, SEC.1. Amended by P.L.197-1997, SEC.2; P.L.2-1998, SEC.74.

 

IC 31-9-2-95"Premarital agreement"

     Sec. 95. "Premarital agreement", for purposes of the Uniform Premarital Agreement Act under IC 31-11-3, has the meaning set forth in IC 31-11-3-2.

[Pre-1997 Recodification Citation: 31-7-2.5-2 part.]

As added by P.L.1-1997, SEC.1.

 

IC 31-9-2-95.5Repealed

As added by P.L.145-2006, SEC.206. Repealed by P.L.1-2007, SEC.248.

 

IC 31-9-2-96"Prior family law and juvenile law"

     Sec. 96. "Prior family law and juvenile law", for purposes of IC 31-10, refers to the statutes that are repealed or amended in the recodification act of the 1997 regular session of the general assembly as the statutes existed before the effective date of the applicable or corresponding provision of the recodification act of the 1997 regular session of the general assembly.

[1997 Recodification Citation: New.]

As added by P.L.1-1997, SEC.1.

 

IC 31-9-2-97"Probation or parole"

     Sec. 97. "Probation or parole", for purposes of the Interstate Compact on Juveniles under IC 31-37-23-1, has the meaning set forth in IC 31-37-23-1.

[Pre-1997 Recodification Citation: 31-6-10-1 part.]

As added by P.L.1-1997, SEC.1.

 

IC 31-9-2-97.4"Professional health care provider"

     Note: This version of section effective until 7-1-2018. See also following version of this section, effective 7-1-2018.

     Sec. 97.4. "Professional health care provider", for purposes of IC 31-19-22 and IC 31-19-25, has the meaning set forth in IC 34-6-2-117.

As added by P.L.191-2011, SEC.9.

 

IC 31-9-2-97.4"Professional health care provider"

     Note: This version of section effective 7-1-2018. See also preceding version of this section, effective until 7-1-2018.

     Sec. 97.4. "Professional health care provider", for purposes of IC 31-19-25, has the meaning set forth in IC 34-6-2-117.

As added by P.L.191-2011, SEC.9. Amended by P.L.3-2016, SEC.3.

 

IC 31-9-2-97.6"Project"

     Sec. 97.6. "Project", for purposes of IC 31-26-4, has the meaning set forth in IC 31-26-4-4.

As added by P.L.145-2006, SEC.207.

 

IC 31-9-2-98"Property"

     Sec. 98. (a) "Property", for purposes of the Uniform Premarital Agreement Act under IC 31-11-3, has the meaning set forth in IC 31-11-3-3.

     (b) "Property", for purposes of IC 31-15, IC 31-16, and IC 31-17, means all the assets of either party or both parties, including:

(1) a present right to withdraw pension or retirement benefits;

(2) the right to receive pension or retirement benefits that are not forfeited upon termination of employment or that are vested (as defined in Section 411 of the Internal Revenue Code) but that are payable after the dissolution of marriage; and

(3) the right to receive disposable retired or retainer pay (as defined in 10 U.S.C. 1408(a)) acquired during the marriage that is or may be payable after the dissolution of marriage.

[Pre-1997 Recodification Citations: subsection (a) formerly 31-7-2.5-3 part; subsection (b) formerly 31-1-11.5-2(e).]

As added by P.L.1-1997, SEC.1.

 

IC 31-9-2-99"Prosecuting attorney"

     Sec. 99. "Prosecuting attorney", for purposes of the juvenile law, means the prosecuting attorney or the prosecuting attorney's deputy of the judicial circuit where the juvenile court is located.

[Pre-1997 Recodification Citations: 31-6-1-6 part; 31-6-1-25.]

As added by P.L.1-1997, SEC.1.

 

IC 31-9-2-99.3"Provider"

     Sec. 99.3. (a) "Provider", for purposes of IC 31-28-2 and IC 31-28-3, means an individual, a partnership, a corporation, or a governmental entity that is enrolled in the Medicaid program under rules adopted under IC 4-22-2 by the office of Medicaid policy and planning.

     (b) "Provider", for purposes of IC 31-28-1, has the meaning set forth in IC 31-28-1-2.

     (c) "Provider", for purposes of IC 31-27, means a person who operates a child caring institution, foster family home, group home, or child placing agency under IC 31-27.

As added by P.L.145-2006, SEC.208.

 

IC 31-9-2-99.7"Public welfare"

     Sec. 99.7. "Public welfare", for purposes of IC 31-25-3 and IC 31-25-4, means any form of public welfare or Social Security provided in IC 31-25-3 or IC 31-25-4. The term does not include direct township assistance as administered by township trustees under IC 12-20.

As added by P.L.145-2006, SEC.209. Amended by P.L.146-2008, SEC.547; P.L.128-2012, SEC.29.

 

IC 31-9-2-100"Putative father"

     Sec. 100. "Putative father", for purposes of IC 31-19 and IC 31-35-1, means a male of any age who is alleged to be or claims that he may be a child's father but who:

(1) is not presumed to be the child's father under IC 31-14-7-1(1) or IC 31-14-7-1(2); and

(2) has not established paternity of the child:

(A) in a court proceeding; or

(B) by executing a paternity affidavit under IC 16-37-2-2.1;

before the filing of an adoption petition.

[Pre-1997 Recodification Citations: 31-3-1-6.1(a); 31-3-1.5-4.]

As added by P.L.1-1997, SEC.1. Amended by P.L.200-1999, SEC.2.

 

IC 31-9-2-100.5"Qualified medical practitioner"

     Sec. 100.5. "Qualified medical practitioner", for purposes of IC 31-9-2 means the following:

(1) A physician licensed under IC 25-22.5.

(2) A physician assistant licensed under IC 25-27.5.

(3) A physical therapist licensed under IC 25-27.

(4) An advanced practice nurse licensed under IC 25-23.

(5) A chiropractor licensed under IC 25-10.

(6) A psychologist licensed under IC 25-33.

As added by P.L.162-2011, SEC.9.

 

IC 31-9-2-101"Reason to believe"

     Sec. 101. "Reason to believe", for purposes of IC 31-33, means evidence that, if presented to individuals of similar background and training, would cause the individuals to believe that a child was abused or neglected.

[Pre-1997 Recodification Citation: 31-6-11-2.1(4).]

As added by P.L.1-1997, SEC.1.

 

IC 31-9-2-101.5"Reasonable and prudent parent standard"

     Sec. 101.5. "Reasonable and prudent parent standard", for purposes of IC 31-27, IC 31-34, and IC 31-37, means the standard characterized by careful and sensible parental decisions that maintain the health, safety, and best interests of a child.

As added by P.L.104-2015, SEC.9.

 

IC 31-9-2-102"Receiving state"

     Sec. 102. "Receiving state", for purposes of the Interstate Compact on Juveniles under IC 31-37-23-1, has the meaning set forth in IC 31-37-23-1.

[Pre-1997 Recodification Citation: 31-6-10-1 part.]

As added by P.L.1-1997, SEC.1.

 

IC 31-9-2-102.5"Recipient"

     Sec. 102.5. "Recipient", for purposes of IC 31-25-3 and IC 31-25-4, means a person who has received or is receiving assistance for the person or another person.

As added by P.L.145-2006, SEC.210. Amended by P.L.146-2008, SEC.548; P.L.128-2012, SEC.30.

 

IC 31-9-2-102.7"Record"

     Sec. 102.7. (a) "Record", for purposes of the Uniform Interstate Family Support Act under IC 31-18.5, has the meaning set forth in IC 31-18.5-1-2.

     (b) "Record", for purposes of the Uniform Child Custody Jurisdiction Act under IC 31-21, has the meaning set forth in IC 31-21-2-17.

As added by P.L.138-2007, SEC.28. Amended by P.L.206-2015, SEC.31.

 

IC 31-9-2-103Repealed

[Pre-1997 Recodification Citation: 31-6-14-4.]

As added by P.L.1-1997, SEC.1. Repealed by P.L.131-2009, SEC.76.

 

IC 31-9-2-103.6"Region"

     Sec. 103.6. "Region", for purposes of this title, refers to an area in Indiana designated as a region by the department. However, for purposes of:

(1) IC 31-25-2-20, the term refers to a region established under IC 31-25-2-20; and

(2) IC 31-26-6, the term refers to a service region established under IC 31-26-6-3.

As added by P.L.146-2008, SEC.549.

 

IC 31-9-2-103.7"Regional services council"

     Sec. 103.7. "Regional services council", for purposes of this title, refers to a regional services council established for a region under IC 31-26-6-4.

As added by P.L.146-2008, SEC.550.

 

IC 31-9-2-104"Register"

     Sec. 104. "Register", for purposes of the Uniform Interstate Family Support Act under IC 31-18.5, has the meaning set forth in IC 31-18.5-1-2.

[Pre-1997 Recodification Citations: 31-1.5-1-1 part; 31-1.5-1-16 part.]

As added by P.L.1-1997, SEC.1. Amended by P.L.206-2015, SEC.32.

 

IC 31-9-2-105"Registering tribunal"

     Sec. 105. "Registering tribunal", for purposes of the Uniform Interstate Family Support Act under IC 31-18.5, has the meaning set forth in IC 31-18.5-1-2.

[Pre-1997 Recodification Citations: 31-1.5-1-1 part; 31-1.5-1-17 part.]

As added by P.L.1-1997, SEC.1. Amended by P.L.206-2015, SEC.33.

 

IC 31-9-2-106"Registry"

     Sec. 106. "Registry", for purposes of IC 31-19-5, refers to the putative father registry established by IC 31-19-5-2.

[Pre-1997 Recodification Citations: subsection (a) formerly 31-3-1.5-5; subsection (b) formerly 31-6-11-2.1(6).]

As added by P.L.1-1997, SEC.1. Amended by P.L.145-2006, SEC.211; P.L.138-2007, SEC.29.

 

IC 31-9-2-106.5Repealed

As added by P.L.145-2006, SEC.212. Amended by P.L.48-2012, SEC.17. Repealed by P.L.123-2014, SEC.3.

 

IC 31-9-2-107"Relative"

     Note: This version of section effective until 7-1-2018. See also following version of this section, effective 7-1-2018.

     Sec. 107. (a) "Relative", for purposes of IC 31-19-18, IC 31-19-22, and IC 31-19-25, means:

(1) an adoptive or whole blood related parent;

(2) a sibling; or

(3) a child.

     (b) "Relative", for purposes of IC 31-34-3, means:

(1) a maternal or paternal grandparent;

(2) an adult aunt or uncle;

(3) a parent of a child's sibling if the parent has legal custody of the sibling; or

(4) any other adult relative suggested by either parent of a child.

     (c) "Relative", for purposes of IC 31-27, IC 31-28-5.8, IC 31-34-4, IC 31-34-19, and IC 31-37, means any of the following in relation to a child:

(1) A parent.

(2) A grandparent.

(3) A brother.

(4) A sister.

(5) A stepparent.

(6) A stepgrandparent.

(7) A stepbrother.

(8) A stepsister.

(9) A first cousin.

(10) An uncle.

(11) An aunt.

(12) Any other individual with whom a child has an established and significant relationship.

[Pre-1997 Recodification Citation: 31-3-4-9.]

As added by P.L.1-1997, SEC.1. Amended by P.L.131-2009, SEC.8; P.L.191-2011, SEC.10; P.L.123-2014, SEC.4; P.L.104-2015, SEC.10.

 

IC 31-9-2-107"Relative"

     Note: This version of section effective 7-1-2018. See also preceding version of this section, effective until 7-1-2018.

     Sec. 107. (a) "Relative", for purposes of IC 31-19-18 and IC 31-19-25, means:

(1) an adoptive or whole blood related parent;

(2) a sibling; or

(3) a child.

     (b) "Relative", for purposes of IC 31-34-3, means:

(1) a maternal or paternal grandparent;

(2) an adult aunt or uncle;

(3) a parent of a child's sibling if the parent has legal custody of the sibling; or

(4) any other adult relative suggested by either parent of a child.

     (c) "Relative", for purposes of IC 31-27, IC 31-28-5.8, IC 31-34-4, IC 31-34-19, and IC 31-37, means any of the following in relation to a child:

(1) A parent.

(2) A grandparent.

(3) A brother.

(4) A sister.

(5) A stepparent.

(6) A stepgrandparent.

(7) A stepbrother.

(8) A stepsister.

(9) A first cousin.

(10) An uncle.

(11) An aunt.

(12) Any other individual with whom a child has an established and significant relationship.

[Pre-1997 Recodification Citation: 31-3-4-9.]

As added by P.L.1-1997, SEC.1. Amended by P.L.131-2009, SEC.8; P.L.191-2011, SEC.10; P.L.123-2014, SEC.4; P.L.104-2015, SEC.10; P.L.3-2016, SEC.4.

 

IC 31-9-2-107.5"Relocating individual"

     Sec. 107.5. "Relocating individual", for purposes of IC 31-17-2.2, means an individual who has or is seeking:

(1) custody of a child; or

(2) parenting time with a child;

and intends to move the individual's principal residence. The term does not include an individual granted visitation rights under IC 31-17-5.

As added by P.L.50-2006, SEC.4.

 

IC 31-9-2-107.7"Relocation"

     Sec. 107.7. "Relocation", for purposes of IC 31-17-2.2, means a change in the primary residence of an individual for a period of at least sixty (60) days.

As added by P.L.50-2006, SEC.5.

 

IC 31-9-2-108"Residence"

     Sec. 108. "Residence", for purposes of the Interstate Compact on Juveniles under IC 31-37-23-1, has the meaning set forth in IC 31-37-23-1.

[Pre-1997 Recodification Citation: 31-6-10-1 part.]

As added by P.L.1-1997, SEC.1.

 

IC 31-9-2-109"Residence state"

     Sec. 109. "Residence state", for purposes of the Interstate Compact on Adoption Assistance under IC 31-19-29, has the meaning set forth in IC 31-19-29-2.

[Pre-1997 Recodification Citation: 31-3-5-2(d).]

As added by P.L.1-1997, SEC.1.

 

IC 31-9-2-109.5"Residential placement committee"

     Sec. 109.5. "Residential placement committee", for purposes of IC 31-25-2-23, means a committee that reviews the placement of youth in a child caring institution, a private secure facility, or a group home licensed by the department to ensure that the placement is in the least restrictive, most family like, and most appropriate setting available and close to the parent's home, consistent with the best interests and special needs of the child.

As added by P.L.48-2012, SEC.18.

 

IC 31-9-2-110"Respondent"

     Sec. 110. "Respondent", for purposes of the Uniform Child Custody Jurisdiction Act under IC 31-21, has the meaning set forth in IC 31-21-2-18.

[Pre-1997 Recodification Citations: 31-1.5-1-1 part; 31-1.5-1-15 part.]

As added by P.L.1-1997, SEC.1. Amended by P.L.138-2007, SEC.30; P.L.206-2015, SEC.34.

 

IC 31-9-2-111"Responding state"

     Sec. 111. "Responding state", for purposes of the Uniform Interstate Family Support Act under IC 31-18.5, has the meaning set forth in IC 31-18.5-1-2.

[Pre-1997 Recodification Citations: 31-1.5-1-1 part; 31-1.5-1-18 part.]

As added by P.L.1-1997, SEC.1. Amended by P.L.206-2015, SEC.35.

 

IC 31-9-2-112"Responding tribunal"

     Sec. 112. "Responding tribunal", for purposes of the Uniform Interstate Family Support Act under IC 31-18.5, has the meaning set forth in IC 31-18.5-1-2.

[Pre-1997 Recodification Citations: 31-1.5-1-1 part; 31-1.5-1-19 part.]

As added by P.L.1-1997, SEC.1. Amended by P.L.206-2015, SEC.36.

 

IC 31-9-2-113Repealed

[Pre-1997 Recodification Citation: 31-6-14-5.]

As added by P.L.1-1997, SEC.1. Repealed by P.L.131-2009, SEC.76.

 

IC 31-9-2-113.5"School"

     Sec. 113.5. "School", for purposes of section 31 of this chapter and IC 31-39-2-13.8, means a:

(1) public school (including a charter school as defined in IC 20-24-1-4); or

(2) nonpublic school (as defined in IC 20-18-2-12);

that must comply with the education records privacy provisions of the federal Family Educational Rights and Privacy Act (20 U.S.C. 1232g) to be eligible to receive designated federal education funding.

As added by P.L.85-2004, SEC.50. Amended by P.L.1-2005, SEC.200; P.L.146-2006, SEC.13.

 

IC 31-9-2-113.7"Secure detention facility"

     Sec. 113.7. "Secure detention facility", for purposes of this title, has the meaning set forth in IC 31-40-1-1.5.

As added by P.L.146-2008, SEC.551.

 

IC 31-9-2-114"Secure facility"

     Sec. 114. "Secure facility", for purposes of the juvenile law, means a place of residence, other than a shelter care facility, that prohibits the departure of a child.

[Pre-1997 Recodification Citations: 31-6-1-6 part; 31-6-1-26.]

As added by P.L.1-1997, SEC.1.

 

IC 31-9-2-115"Secure private facility"

     Sec. 115. (a) Except as provided in subsection (b), "secure private facility", for purposes of the juvenile law, means the following:

(1) A facility that is licensed under IC 31-27 to operate as a secure private facility.

(2) A private facility that is licensed in another state to provide residential care and treatment to one (1) or more children in a secure facility other than a detention center, prison, jail, or similar correctional facility.

     (b) "Secure private facility", for purposes of IC 31-27, means a secure private facility other than the following:

(1) A juvenile detention facility established under IC 31-31-8 or IC 31-31-9 (or IC 31-6-9-5 or IC 31-6-9.5 before their repeal).

(2) A facility operated by the department of correction.

(3) A county jail.

(4) A detention center operated by a county sheriff.

[Pre-1997 Recodification Citations: 31-6-1-6 part; 31-6-1-28.]

As added by P.L.1-1997, SEC.1. Amended by P.L.145-2006, SEC.213.

 

IC 31-9-2-116"Sending state"

     Sec. 116. "Sending state", for purposes of the Interstate Compact on Juveniles under IC 31-37-23-1, has the meaning set forth in IC 31-37-23-1.

[Pre-1997 Recodification Citation: 31-6-10-1 part.]

As added by P.L.1-1997, SEC.1.

 

IC 31-9-2-116.4"Services"

     Sec. 116.4. "Services", for purposes of IC 31-40-1, has the meaning set forth in IC 31-40-1-1.5.

As added by P.L.146-2008, SEC.552.

 

IC 31-9-2-116.5"Services or items"

     Sec. 116.5. "Services or items", for purposes of IC 31-36-3, has the meaning set forth in IC 31-36-3-1.

As added by P.L.133-2008, SEC.7.

 

IC 31-9-2-117"Shelter care facility"

     Sec. 117. (a) Except as provided in subsection (b), "shelter care facility", for purposes of the juvenile law, means a place of residence that:

(1) is licensed under the laws of any state; and

(2) is not locked to prevent a child's departure unless the administrator determines that locking is necessary to protect the child's health.

     (b) "Shelter care facility", for purposes of IC 31-27-3 and IC 31-27-5, means a child caring institution or group home that provides temporary service twenty-four (24) hours a day for not more than twenty (20) consecutive days to a child:

(1) who is admitted to a residential facility on an emergency basis; and

(2) who is:

(A) receiving care and supervision under an order of a juvenile court;

(B) voluntarily placed by the parent or guardian of the child; or

(C) self-referred.

[Pre-1997 Recodification Citations: 31-6-1-6 part; 31-6-1-27.]

As added by P.L.1-1997, SEC.1. Amended by P.L.145-2006, SEC.214; P.L.48-2012, SEC.19; P.L.13-2013, SEC.75.

 

IC 31-9-2-117.3"Sibling"

     Sec. 117.3. (a) "Sibling", for purposes of IC 31-19, IC 31-28-5, and IC 31-34 (except for IC 31-34-3-4.5), means a brother or sister by blood, half-blood, or adoption.

     (b) "Sibling" for purposes of IC 31-34-3-4.5, means:

(1) a brother or sister by blood, half-blood, or adoption; and

(2) any other individual who would be considered a sibling if parental rights had not been terminated.

As added by P.L.133-2008, SEC.8. Amended by P.L.58-2009, SEC.2; P.L.104-2015, SEC.11.

 

IC 31-9-2-117.5Repealed

As added by P.L.145-2006, SEC.215. Amended by P.L.143-2008, SEC.3. Repealed by P.L.48-2012, SEC.20.

 

IC 31-9-2-118"Spousal support order"

     Sec. 118. "Spousal support order", for purposes of the Uniform Interstate Family Support Act under IC 31-18.5, has the meaning set forth in IC 31-18.5-1-2.

[Pre-1997 Recodification Citations: 31-1.5-1-1 part; 31-1.5-1-20 part.]

As added by P.L.1-1997, SEC.1. Amended by P.L.206-2015, SEC.37.

 

IC 31-9-2-119"State"

     Sec. 119. (a) "State", for purposes of the Uniform Child Custody Jurisdiction Act under IC 31-21, has the meaning set forth in IC 31-21-2-19.

     (b) "State", for purposes of the Uniform Interstate Family Support Act under IC 31-18.5, has the meaning set forth in IC 31-18.5-1-2.

     (c) "State", for purposes of the Interstate Compact on Adoption Assistance under IC 31-19-29, has the meaning set forth in IC 31-19-29-2.

     (d) "State", for purposes of the Interstate Compact on Juveniles under IC 31-37-23-1, has the meaning set forth in IC 31-37-23-1.

[Pre-1997 Recodification Citations: subsection (a) formerly 31-1-11.6-2(10) part; subsection (b) formerly 31-1.5-1-1 part; 31-1.5-1-21 part; subsection (c) formerly 31-3-5-2(b); subsection (d) formerly 31-6-10-1 part.]

As added by P.L.1-1997, SEC.1. Amended by P.L.138-2007, SEC.31; P.L.206-2015, SEC.38.

 

IC 31-9-2-120"State department"

     Sec. 120. "State department", for purposes of IC 31-19-5, refers to the state department of health.

[Pre-1997 Recodification Citation: 31-3-1.5-3.]

As added by P.L.1-1997, SEC.1.

 

IC 31-9-2-121"State registrar"

     Sec. 121. "State registrar", for purposes of IC 31-19-18 through IC 31-19-25.5, means the person who:

(1) is in charge of the division of the state department of health that administers the system of vital records; and

(2) has charge of the files and records pertaining to vital records.

[Pre-1997 Recodification Citation: 31-3-4-10.]

As added by P.L.1-1997, SEC.1. Amended by P.L.191-2011, SEC.11.

 

IC 31-9-2-121.5Repealed

As added by P.L.145-2006, SEC.216. Repealed by P.L.119-2013, SEC.7.

 

IC 31-9-2-122Repealed

[Pre-1997 Recodification Citations: 31-1.5-1-1 part; 31-1.5-1-22 part.]

As added by P.L.1-1997, SEC.1. Repealed by P.L.1-2010, SEC.156.

 

IC 31-9-2-122.5"STEVE system"

     Sec. 122.5. "STEVE system", for purposes of IC 31-19-20, IC 31-19-22, IC 31-19-25, and IC 31-19-25.5, refers to the State and Territorial Exchange of Vital Events Exchange System, administered by the National Association for Public Health Statistics and Information Systems.

As added by P.L.190-2017, SEC.1.

 

IC 31-9-2-123"Substantiated"

     Sec. 123. "Substantiated", when used in reference to a child abuse or neglect report made under IC 31-33, means a determination regarding the status of the report whenever facts obtained during an assessment of the report provide a preponderance of evidence that child abuse or neglect has occurred.

[Pre-1997 Recodification Citation: 31-6-11-2.1(7).]

As added by P.L.1-1997, SEC.1. Amended by P.L.146-2006, SEC.14; P.L.131-2009, SEC.9.

 

IC 31-9-2-123.5"Successful adulthood services"

     Sec. 123.5. "Successful adulthood services", for purposes of IC 31-25 and IC 31-28, means services for youth that are designed to assist youth who will age out of foster care with the skills and abilities necessary or desirable to be self-reliant, including housing and educational support, career exploration, vocational training, job placement and support, daily living skills, budgeting and financial management skills, substance abuse prevention, preventative health activities, and counseling.

As added by P.L.104-2015, SEC.12.

 

IC 31-9-2-123.7"Supervised independent living arrangement"

     Sec. 123.7. "Supervised independent living arrangement", for purposes of IC 31-28-5.8 and IC 31-34-21-7.5, means a living arrangement that provides housing for a youth that is not supervised on site, such as a dormitory, an apartment, or shared housing, and is not a foster home, host home, group home, child caring institution, or private secure facility.

As added by P.L.104-2015, SEC.13.

 

IC 31-9-2-124"Support enforcement agency"

     Sec. 124. "Support enforcement agency", for purposes of the Uniform Interstate Family Support Act under IC 31-18.5, has the meaning set forth in IC 31-18.5-1-2.

[Pre-1997 Recodification Citations: 31-1.5-1-1 part; 31-1.5-1-23 part.]

As added by P.L.1-1997, SEC.1. Amended by P.L.206-2015, SEC.39.

 

IC 31-9-2-125"Support order"

     Sec. 125. (a) "Support order", for purposes of IC 31-16-15 and IC 31-16-16, means any judgment, decree, or order of child support, including medical support, issued by a court, in Indiana or another state, that has jurisdiction over the support order. The term includes orders issued under IC 31-14 through IC 31-17.

     (b) "Support order", for purposes of the Uniform Interstate Family Support Act under IC 31-18.5, has the meaning set forth in IC 31-18.5-1-2.

[Pre-1997 Recodification Citations: subsection (a) formerly 31-2-11-6; subsection (b) formerly 31-1.5-1-1 part; 31-1.5-1-24 part.]

As added by P.L.1-1997, SEC.1. Amended by P.L.103-2007, SEC.12; P.L.206-2015, SEC.40.

 

IC 31-9-2-126"Surrogate"

     Sec. 126. "Surrogate", for purposes of IC 31-20, means a party to a surrogate agreement who agrees to bear or bears a child that is genetically related to:

(1) the party who agrees to bear or bears the child and an intended biological parent;

(2) an intended biological parent and a gamete donor who is not:

(A) an intended biological parent; and

(B) the spouse of the party who agrees to bear or bears the child; or

(3) two (2) intended biological parents of the child.

[Pre-1997 Recodification Citations: 31-8-1-1 part; 31-8-1-4.]

As added by P.L.1-1997, SEC.1.

 

IC 31-9-2-127"Surrogate agreement"

     Sec. 127. "Surrogate agreement", for purposes of IC 31-20, means an agreement that is entered into before the birth of a child between a surrogate and one (1) or more parties and that is intended by the parties at the time that the agreement is made to induce the surrogate to relinquish care, custody, and control over the child at birth to any of the following:

(1) An intended biological parent of the child.

(2) An intended biological parent of the child and another person who is not:

(A) genetically related to the child; and

(B) the surrogate's spouse.

(3) Two (2) intended biological parents of the child.

[Pre-1997 Recodification Citations: 31-8-1-1 part; 31-8-1-5.]

As added by P.L.1-1997, SEC.1.

 

IC 31-9-2-128Repealed

[Pre-1997 Recodification Citation: 31-6-11-12.5(a).]

As added by P.L.1-1997, SEC.1. Repealed by P.L.138-2007, SEC.93.

 

IC 31-9-2-129"Team"

     Sec. 129. "Team", for purposes of IC 31-33-3, refers to a community child protection team appointed under IC 31-33-3.

[Pre-1997 Recodification Citation: 31-6-11-14(a).]

As added by P.L.1-1997, SEC.1. Amended by P.L.55-1997, SEC.12; P.L.146-2008, SEC.553.

 

IC 31-9-2-129.5"Therapeutic foster family home"

     Sec. 129.5. "Therapeutic foster family home", for purposes of IC 31-27, means a foster family home:

(1) that provides care to:

(A) a child; or

(B) an individual at least eighteen (18) but less than twenty (20) years of age receiving collaborative care under IC 31-28-5.8;

who has serious emotional disturbances, significant behavioral health needs and functional impairments, or developmental or physical disabilities;

(2) in which the child or individual receives treatment in a family home through an integrated array of services supervised and supported by qualified program staff from:

(A) the department of child services;

(B) a managed care provider that contracts with the division of mental health and addiction; or

(C) a licensed child placing agency; and

(3) that meets the additional requirements of IC 31-27-4-2.

As added by P.L.1-2007, SEC.190. Amended by P.L.143-2008, SEC.4; P.L.162-2011, SEC.10; P.L.48-2012, SEC.21.

 

IC 31-9-2-130"Title IV-D agency"

     Sec. 130. "Title IV-D agency" means:

(1) the bureau of child support established in the department of child services established by IC 31-25-3-1; or

(2) a designated agent of the department described in IC 31-25-4-13.1.

[Pre-1997 Recodification Citation: 31-2-10-6.]

As added by P.L.1-1997, SEC.1. Amended by P.L.234-2005, SEC.84; P.L.145-2006, SEC.217; P.L.206-2015, SEC.41.

 

IC 31-9-2-130.2"Title IV-D case"

     Sec. 130.2. "Title IV-D case", for purposes of IC 31-16-15, means a case arising under Title IV-D of the federal Social Security Act (42 U.S.C. 651 through 669).

As added by P.L.103-2007, SEC.13.

 

IC 31-9-2-130.3"Transitional services plan"

     Sec. 130.3. "Transitional services plan", for purposes of IC 31-25-2-21, IC 31-34-15, and IC 31-37-19, has the meaning set forth in IC 31-25-2-21(a).

As added by P.L.143-2008, SEC.5. Amended by P.L.104-2015, SEC.14.

 

IC 31-9-2-130.5"Tribe"

     Sec. 130.5. "Tribe", for purposes of the Uniform Child Custody Jurisdiction Act under IC 31-21, has the meaning set forth in IC 31-21-2-20.

As added by P.L.138-2007, SEC.32.

 

IC 31-9-2-131"Tribunal"

     Sec. 131. "Tribunal", for purposes of the Uniform Interstate Family Support Act under IC 31-18.5, has the meaning set forth in IC 31-18.5-1-2.

[Pre-1997 Recodification Citations: 31-1.5-1-1 part; 31-1.5-1-25 part.]

As added by P.L.1-1997, SEC.1. Amended by P.L.206-2015, SEC.42.

 

IC 31-9-2-131.5"United States central authority"

     Sec. 131.5. "United States central authority", for purposes of the Uniform Interstate Family Support Act under IC 31-18.5, has the meaning set forth in IC 31-18.5-7-1.

As added by P.L.206-2015, SEC.43.

 

IC 31-9-2-132"Unsubstantiated"

     Sec. 132. "Unsubstantiated", for purposes of IC 31-33 and IC 31-39-8-4, means a determination regarding the status of a report made under IC 31-33 whenever facts obtained during an assessment of the report provide credible evidence that child abuse or neglect has not occurred.

[Pre-1997 Recodification Citation: 31-6-11-2.1(8).]

As added by P.L.1-1997, SEC.1. Amended by P.L.131-2009, SEC.10.

 

IC 31-9-2-133"Victim of child abuse or neglect"

     Sec. 133. (a) "Victim of child abuse or neglect", for purposes of IC 31-32-11-1 and IC 31-33, refers to a child as described in:

(1) IC 31-34-1-1 through IC 31-34-1-5;

(2) IC 31-34-1-10(a); or

(3) IC 31-34-1-11;

regardless of whether the child needs care, treatment, rehabilitation, or the coercive intervention of a court.

     (b) The term does not include a child who is alleged to be a victim of a sexual offense under IC 35-42-4-3 unless the alleged offense under IC 35-42-4-3 involves the fondling or touching of the buttocks, genitals, or female breasts.

[Pre-1997 Recodification Citation: 31-6-11-2.1(9).]

As added by P.L.1-1997, SEC.1. Amended by P.L.48-2012, SEC.22; P.L.183-2017, SEC.7.

 

IC 31-9-2-133.1"Victim of human or sexual trafficking"

     Sec. 133.1. "Victim of human or sexual trafficking", for purposes of IC 31-34-1-3.5, refers to a child who is recruited, harbored, transported, or engaged in:

(1) forced labor;

(2) involuntary servitude;

(3) prostitution;

(4) juvenile prostitution, as defined in IC 35-31.5-2-178.5;

(5) child exploitation, as defined in IC 35-42-4-4(b);

(6) marriage, unless authorized by a court under IC 31-11-1-6; or

(7) trafficking for the purpose of prostitution, juvenile prostitution, or participation in sexual conduct as defined in IC 35-42-4-4(a)(4).

As added by P.L.46-2016, SEC.5. Amended by P.L.86-2017, SEC.3.

 

IC 31-9-2-134"Voluntary information"

     Sec. 134. "Voluntary information", for purposes of IC 31-19-18, means the information transmitted to the state registrar as provided in IC 31-19-18-3.

[Pre-1997 Recodification Citation: 31-3-4-11.]

As added by P.L.1-1997, SEC.1.

 

IC 31-9-2-134.5"Wardship"

     Sec. 134.5. (a) "Wardship", for purposes of the juvenile law, means the responsibility for temporary care and custody of a child by transferring the rights and obligations from the child's parent, guardian, or custodian to the person granted wardship. Except to the extent a right or an obligation is specifically addressed in the court order establishing wardship, the rights and obligations of the person granted wardship include making decisions concerning the:

(1) physical custody of the child;

(2) care and supervision of the child;

(3) child's visitation with parents, relatives, or other individuals; and

(4) medical care and treatment of the child.

     (b) "Wardship" does not apply to requirements for consenting to an adoption under IC 31-19-9.

As added by P.L.146-2006, SEC.15.

 

IC 31-9-2-135"Warrant"

     Sec. 135. (a) "Warrant", for purposes of IC 31-25-3 and IC 31-25-4, means an instrument that is:

(1) the equivalent of a money payment; and

(2) immediately convertible into cash by the payee for the full face amount of the instrument.

     (b) "Warrant", for purposes of the Uniform Child Custody Jurisdiction Act under IC 31-21, has the meaning set forth in IC 31-21-2-21.

As added by P.L.145-2006, SEC.218. Amended by P.L.103-2007, SEC.14; P.L.138-2007, SEC.33; P.L.146-2008, SEC.554; P.L.128-2012, SEC.31.

 

IC 31-9-2-136"Youth service bureau"

     Sec. 136. "Youth service bureau", for purposes of IC 31-26-1, has the meaning set forth in IC 31-26-1-2.

As added by P.L.145-2006, SEC.219.

 

IC 31-10ARTICLE 10. GENERAL PROVISIONS
           Ch. 1.Effect of the Recodification Act of the 1997 Regular Session of the General Assembly
           Ch. 2.General Policy Provisions

 

IC 31-10-1Chapter 1. Effect of the Recodification Act of the 1997 Regular Session of the General Assembly
           31-10-1-1Purpose of recodification act
           31-10-1-2Statutory construction
           31-10-1-3Effect on existing rights and liabilities
           31-10-1-4Recodification of prior family law and juvenile law
           31-10-1-5References to repealed or replaced statutes
           31-10-1-6References to provisions of recodification act
           31-10-1-7References to rules
           31-10-1-8References to provisions of prior family law and juvenile law

 

IC 31-10-1-1Purpose of recodification act

     Sec. 1. The purpose of the recodification act of the 1997 regular session of the general assembly is to recodify prior family law and juvenile law in a style that is clear, concise, and easy to interpret and apply. Except to the extent that:

(1) the recodification act of the 1997 regular session of the general assembly is amended to reflect the changes made in a provision of another bill that adds to, amends, or repeals a provision in the recodification act of the 1997 regular session of the general assembly; or

(2) the minutes of meetings of the code revision commission during 1996 expressly indicate a different purpose;

the substantive operation and effect of the prior family law and juvenile law continue uninterrupted as if the recodification act of the 1997 regular session of the general assembly had not been enacted.

[1997 Recodification Citation: New.]

As added by P.L.1-1997, SEC.2.

 

IC 31-10-1-2Statutory construction

     Sec. 2. Subject to section 1 of this chapter, sections 3 through 8 of this chapter shall be applied to the statutory construction of the recodification act of the 1997 regular session of the general assembly.

[1997 Recodification Citation: New.]

As added by P.L.1-1997, SEC.2.

 

IC 31-10-1-3Effect on existing rights and liabilities

     Sec. 3. (a) The recodification act of the 1997 regular session of the general assembly does not affect:

(1) any rights or liabilities accrued;

(2) any penalties incurred;

(3) any violations committed;

(4) any proceedings begun;

(5) any bonds, notes, loans, or other forms of indebtedness issued, incurred, or made;

(6) any tax levies made or authorized;

(7) any funds established;

(8) any patents issued;

(9) the validity, continuation, or termination of any contracts or leases executed;

(10) the validity, continuation, scope, termination, suspension, or revocation of:

(A) permits;

(B) licenses;

(C) certificates of registration;

(D) grants of authority; or

(E) limitations of authority; or

(11) the validity of court decisions entered regarding the constitutionality of any provision of the prior family law and juvenile law;

before the effective date of the recodification act of the 1997 regular session of the general assembly (July 1, 1997). Those rights, liabilities, penalties, offenses, proceedings, bonds, notes, loans, other forms of indebtedness, tax levies, funds, patents, contracts, leases, permits, licenses, certificates of registration, grants of authority, or limitations of authority continue and shall be imposed and enforced under prior family law and juvenile law as if the recodification act of the 1997 regular session of the general assembly had not been enacted.

     (b) The recodification act of the 1997 regular session of the general assembly does not:

(1) extend, or cause to expire, a permit, license, certificate of registration, or other grant or limitation of authority; or

(2) in any way affect the validity, scope, or status of a license, permit, certificate of registration, or other grant or limitation of authority;

issued under the prior family law and juvenile law.

     (c) The recodification act of the 1997 regular session of the general assembly does not affect the revocation, limitation, or suspension of a permit, license, certificate of registration, or other grant or limitation of authority based in whole or in part on violations of the prior family law and juvenile law or the rules adopted under the prior family law and juvenile law.

[1997 Recodification Citation: New.]

As added by P.L.1-1997, SEC.2.

 

IC 31-10-1-4Recodification of prior family law and juvenile law

     Sec. 4. The recodification act of the 1997 regular session of the general assembly shall be construed as a recodification of prior family law and juvenile law. Except as provided in section 1(1) and 1(2) of this chapter, if the literal meaning of the recodification act of the 1997 regular session of the general assembly would result in a substantive change in the prior family law and juvenile law, the difference shall be construed as a typographical, spelling, or other clerical error that must be corrected by:

(1) inserting, deleting, or substituting words, punctuation, or other matters of style in the recodification act of the 1997 regular session of the general assembly; or

(2) using any other rule of statutory construction;

as necessary or appropriate to apply the recodification act of the 1997 regular session of the general assembly in a manner that does not result in a substantive change in the law. The principle of statutory construction that a court must apply the literal meaning of an act if the literal meaning of the act is unambiguous does not apply to the recodification act of the 1997 regular session of the general assembly to the extent that the recodification act of the 1997 regular session of the general assembly is not substantively identical to the prior family law and juvenile law.

[1997 Recodification Citation: New.]

As added by P.L.1-1997, SEC.2.

 

IC 31-10-1-5References to repealed or replaced statutes

     Sec. 5. Subject to section 8 of this chapter, a reference in a statute or rule to a statute that is repealed and replaced in the same or a different form in the recodification act of the 1997 regular session of the general assembly shall be treated after the effective date of the new provision as a reference to the new provision.

[1997 Recodification Citation: New.]

As added by P.L.1-1997, SEC.2.

 

IC 31-10-1-6References to provisions of recodification act

     Sec. 6. A citation reference in the recodification act of the 1997 regular session of the general assembly to another provision of the recodification act of the 1997 regular session of the general assembly shall be treated as including a reference to the provision of prior family law and juvenile law that is substantively equivalent to the provision of the recodification act of the 1997 regular session of the general assembly that is referred to by the citation reference.

[1997 Recodification Citation: New.]

As added by P.L.1-1997, SEC.2.

 

IC 31-10-1-7References to rules

     Sec. 7. (a) As used in the recodification act of the 1997 regular session of the general assembly, a reference to rules adopted under any provision of this title or under any other provision of the recodification act of the 1997 regular session of the general assembly refers to either:

(1) rules adopted under the recodification act of the 1997 regular session of the general assembly; or

(2) rules adopted under the prior family law and juvenile law until those rules have been amended, repealed, or superseded.

     (b) Rules adopted under the prior family law and juvenile law continue in effect after June 30, 1997, until the rules are amended, repealed, or suspended.

[1997 Recodification Citation: New.]

As added by P.L.1-1997, SEC.2.

 

IC 31-10-1-8References to provisions of prior family law and juvenile law

     Sec. 8. (a) A reference in the recodification act of the 1997 regular session of the general assembly to a citation in the prior family law and juvenile law before its repeal is added in certain sections of the recodification act of the 1997 regular session of the general assembly only as an aid to the reader.

     (b) The inclusion or omission in the recodification act of the 1997 regular session of the general assembly of a reference to a citation in the prior family law and juvenile law before its repeal does not affect:

(1) any rights or liabilities accrued;

(2) any penalties incurred;

(3) any violations committed;

(4) any proceedings begun;

(5) any bonds, notes, loans, or other forms of indebtedness issued, incurred, or made;

(6) any tax levies made;

(7) any funds established;

(8) any patents issued;

(9) the validity, continuation, or termination of contracts or leases executed;

(10) the validity, continuation, scope, termination, suspension, or revocation of:

(A) permits;

(B) licenses;

(C) certificates of registration;

(D) grants of authority; or

(E) limitations of authority; or

(11) the validity of court decisions entered regarding the constitutionality of any provision of the prior family law and juvenile law;

before the effective date of the recodification act of the 1997 regular session of the general assembly (July 1, 1997). Those rights, liabilities, penalties, offenses, proceedings, bonds, notes, loans, other forms of indebtedness, tax levies, funds, patents, contracts, leases, licenses, permits, certificates of registration, and other grants of authority continue and shall be imposed and enforced under prior family law and juvenile law as if the recodification act of the 1997 regular session of the general assembly had not been enacted.

     (c) The inclusion or omission in the recodification act of the 1997 regular session of the general assembly of a citation to a provision in the prior family law and juvenile law does not affect the use of a prior conviction, violation, or noncompliance under the prior family law and juvenile law as the basis for revocation of a license, permit, certificate of registration, or other grant of authority under the recodification act of the 1997 regular session of the general assembly, as necessary or appropriate to apply the recodification act of the 1997 regular session of the general assembly in a manner that does not result in a substantive change in the law.

[1997 Recodification Citation: New.]

As added by P.L.1-1997, SEC.2.

 

IC 31-10-2Chapter 2. General Policy Provisions
           31-10-2-1Policy and purpose

 

IC 31-10-2-1Policy and purpose

     Sec. 1. It is the policy of this state and the purpose of this title to:

(1) recognize the importance of family and children in our society;

(2) recognize the responsibility of the state to enhance the viability of children and family in our society;

(3) acknowledge the responsibility each person owes to the other;

(4) strengthen family life by assisting parents to fulfill their parental obligations;

(5) ensure that children within the juvenile justice system are treated as persons in need of care, protection, treatment, and rehabilitation;

(6) remove children from families only when it is in the child's best interest or in the best interest of public safety;

(7) provide for adoption as a viable permanency plan for children who are adjudicated children in need of services;

(8) provide a juvenile justice system that protects the public by enforcing the legal obligations that children have to society and society has to children;

(9) use diversionary programs when appropriate;

(10) provide a judicial procedure that:

(A) ensures fair hearings;

(B) recognizes and enforces the legal rights of children and their parents; and

(C) recognizes and enforces the accountability of children and parents;

(11) promote public safety and individual accountability by the imposition of appropriate sanctions; and

(12) provide a continuum of services developed in a cooperative effort by local governments and the state.

[Pre-1997 Recodification Citation: 31-6-1-1.1.]

As added by P.L.1-1997, SEC.2. Amended by P.L.35-1998, SEC.3.

 

IC 31-11ARTICLE 11. FAMILY LAW: MARRIAGE
           Ch. 0.1.Legislative Intent
           Ch. 1.Who May Marry
           Ch. 2.Consent to Marry Required for Certain Individuals
           Ch. 3.Uniform Premarital Agreement Act
           Ch. 4.Marriage Licenses and Certificates
           Ch. 5.Repealed
           Ch. 6.Authority to Solemnize Marriages
           Ch. 7.Rights and Liabilities Incident to Marriage
           Ch. 8.Void Marriages
           Ch. 9.Voidable Marriages
           Ch. 10.Actions to Annul Voidable Marriages
           Ch. 11.Offenses

 

IC 31-11-0.1Chapter 0.1. Legislative Intent
           31-11-0.1-1"Repealed statutes"
           31-11-0.1-2P.L.180-1986 intended to be codification and restatement; no effect on rights, liabilities, penalties, violations, or proceedings before March 4, 1986

 

IC 31-11-0.1-1"Repealed statutes"

     Sec. 1. As used in this chapter, "repealed statutes" refer to the following statutes repealed by P.L.180-1986:

(1) IC 16-1-37-7.

(2) IC 31-1-1.

(3) IC 31-1-2.

(4) IC 31-1-3.

(5) IC 31-1-4.

(6) IC 31-1-5.

(7) IC 31-1-6.

(8) IC 31-1-7.

(9) IC 31-1-8.

(10) IC 31-1-9.

As added by P.L.220-2011, SEC.488.

 

IC 31-11-0.1-2P.L.180-1986 intended to be codification and restatement; no effect on rights, liabilities, penalties, violations, or proceedings before March 4, 1986

     Sec. 2. (a) P.L.180-1986 is intended to be a codification and restatement of applicable or corresponding provisions of the repealed statutes. If P.L.180-1986 repeals and replaces a provision in the same form or in a restated form, the substantive operation and effect of that provision continue uninterrupted.

     (b) P.L.180-1986 does not affect any:

(1) rights or liabilities accrued;

(2) penalties incurred;

(3) violations committed; or

(4) proceedings begun;

before March 4, 1986. Those rights, liabilities, penalties, offenses, and proceedings continue and shall be imposed and enforced under prior law as if P.L.180-1986 had not been enacted.

As added by P.L.220-2011, SEC.488.

 

IC 31-11-1Chapter 1. Who May Marry
           31-11-1-1Same sex marriages prohibited
           31-11-1-2Marriage to close relative prohibited; marriages between cousins; exceptions
           31-11-1-3Bigamous marriages prohibited
           31-11-1-4Minimum age for marriage
           31-11-1-5Consent to underage marriage
           31-11-1-6Issuance of marriage license to underage persons; procedure; confidentiality of records

 

IC 31-11-1-1Same sex marriages prohibited

     Sec. 1. (a) Only a female may marry a male. Only a male may marry a female.

     (b) A marriage between persons of the same gender is void in Indiana even if the marriage is lawful in the place where it is solemnized.

[Pre-1997 Recodification Citation: 31-7-1-2.]

As added by P.L.1-1997, SEC.3. Amended by P.L.198-1997, SEC.1.

 

IC 31-11-1-2Marriage to close relative prohibited; marriages between cousins; exceptions

     Sec. 2. Two (2) individuals may not marry each other if the individuals are more closely related than second cousins. However, two (2) individuals may marry each other if the individuals are:

(1) first cousins; and

(2) both at least sixty-five (65) years of age.

[Pre-1997 Recodification Citation: 31-7-1-3.]

As added by P.L.1-1997, SEC.3.

 

IC 31-11-1-3Bigamous marriages prohibited

     Sec. 3. Two (2) individuals may not marry each other if either individual has a husband or wife who is alive.

[Pre-1997 Recodification Citation: 31-7-1-4.]

As added by P.L.1-1997, SEC.3.

 

IC 31-11-1-4Minimum age for marriage

     Sec. 4. Except as provided in section 5 or 6 of this chapter, two (2) individuals may not marry each other unless both individuals are at least eighteen (18) years of age.

[Pre-1997 Recodification Citation: 31-7-1-5.]

As added by P.L.1-1997, SEC.3.

 

IC 31-11-1-5Consent to underage marriage

     Sec. 5. Two (2) individuals may marry each other if:

(1) both individuals are at least seventeen (17) years of age;

(2) each individual who is less than eighteen (18) years of age receives the consent required by IC 31-11-2; and

(3) the individuals are not prohibited from marrying each other for a reason set forth in this article.

[Pre-1997 Recodification Citation: 31-7-1-6.]

As added by P.L.1-1997, SEC.3.

 

IC 31-11-1-6Issuance of marriage license to underage persons; procedure; confidentiality of records

     Sec. 6. (a) Two (2) individuals may marry each other if:

(1) the individuals are not prohibited from marrying for a reason set forth in this article; and

(2) a circuit or superior court of the county of residence of either individual considers the information required to be submitted by subsection (b) and authorizes the clerk of the circuit court to issue the individuals a marriage license.

     (b) A court may not authorize the clerk of the circuit court to issue a marriage license under subsection (a) unless:

(1) the individuals have filed with the court a verified petition that includes allegations that:

(A) the female is at least fifteen (15) years of age;

(B) the female is pregnant or is a mother;

(C) each of the individuals who is less than eighteen (18) years of age has received the consent required by IC 31-11-2;

(D) the male is at least fifteen (15) years of age and is either:

(i) the putative father of the expected child of the female; or

(ii) the father of the female's child; and

(E) the individuals desire to marry each other;

(2) the court has provided notice of the hearing required by this section to both parents of both petitioners or, if applicable to either petitioner:

(A) to the legally appointed guardian or custodian of a petitioner; or

(B) to one (1) parent of a petitioner if the other parent:

(i) is deceased;

(ii) has abandoned the petitioner;

(iii) is mentally incompetent;

(iv) is an individual whose whereabouts is unknown; or

(v) is a noncustodial parent who is delinquent in the payment of court ordered child support on the date the petition is filed;

(3) a hearing is held on the petition in which the petitioners and interested persons, including parents, guardians, and custodians, are given an opportunity to appear and present evidence; and

(4) the allegations of the petition filed under subdivision (1) have been proven.

     (c) A court's authorization granted under subsection (a):

(1) constitutes part of the confidential files of the clerk of the circuit court; and

(2) may be inspected only by written permission of a circuit, superior, or juvenile court.

[Pre-1997 Recodification Citation: 31-7-1-7.]

As added by P.L.1-1997, SEC.3.

 

IC 31-11-2Chapter 2. Consent to Marry Required for Certain Individuals
           31-11-2-1Necessity of consent to marry
           31-11-2-2Execution of consent to marry
           31-11-2-3Issuance of marriage license to minor not obtaining required consent; procedure

 

IC 31-11-2-1Necessity of consent to marry

     Sec. 1. Except as provided in section 3 of this chapter, each individual who is less than eighteen (18) years of age must obtain consent under this chapter before the individual may marry.

[Pre-1997 Recodification Citation: 31-7-2-1.]

As added by P.L.1-1997, SEC.3.

 

IC 31-11-2-2Execution of consent to marry

     Sec. 2. (a) A consent to marry under this chapter must be signed and verified in the presence of the clerk of the circuit court by:

(1) both parents, natural or adoptive, of the individual who is less than eighteen (18) years of age;

(2) the legally appointed guardian of the individual;

(3) one (1) parent of the individual if legal custody has been awarded to that parent by a judicial decree; or

(4) one (1) parent if the other parent:

(A) is deceased;

(B) has abandoned the individual who is less than eighteen (18) years of age;

(C) is physically or mentally incompetent to furnish the written consent; or

(D) is an individual whose whereabouts is unknown.

     (b) If only one (1) parent signs the consent under subsection (a)(3) or (a)(4), the consent must contain a verified statement of fact that explains why only one (1) parent is required to sign the consent.

[Pre-1997 Recodification Citation: 31-7-2-2.]

As added by P.L.1-1997, SEC.3.

 

IC 31-11-2-3Issuance of marriage license to minor not obtaining required consent; procedure

     Sec. 3. (a) An individual who is less than eighteen (18) years of age may marry if:

(1) the individual petitions the judge of the circuit or superior court of a county that is:

(A) the county of residence of the individual or the county of residence of the individual that the individual intends to marry; or

(B) a county that adjoins a county described in clause (A);

(2) the judge of the circuit or superior court directs the clerk of the circuit court to issue the individuals who intend to marry each other a license to marry without obtaining the consent required by section 1 of this chapter; and

(3) the individual is not prohibited from marrying for a reason set forth in IC 31-11-1.

     (b) The petition made under subsection (a)(1) may be made in writing or orally. The judge of the court may conduct investigations and hold hearings on the petition. The judge may, by written order, direct the clerk of the circuit court to issue a marriage license under subsection (a)(2) if the judge:

(1) considers the facts relevant to the issue presented by the petition;

(2) finds that good and sufficient reason for the order has been shown; and

(3) finds that the order is in the best interest of all persons concerned with the issues raised in the petition.

[Pre-1997 Recodification Citation: 31-7-2-3.]

As added by P.L.1-1997, SEC.3.

 

IC 31-11-3Chapter 3. Uniform Premarital Agreement Act
           31-11-3-1Applicability of chapter
           31-11-3-2"Premarital agreement" defined
           31-11-3-3"Property" defined
           31-11-3-4Agreement must be in writing; consideration not required
           31-11-3-5Content; child support unaffected
           31-11-3-6Effective date
           31-11-3-7Amendment or revocation must be in writing; consideration not required
           31-11-3-8Enforceability of agreement
           31-11-3-9Effect of void marriage
           31-11-3-10Tolling of statute of limitations during marriage; equitable defenses

 

IC 31-11-3-1Applicability of chapter

     Sec. 1. This chapter applies to a premarital agreement executed on or after July 1, 1995.

[Pre-1997 Recodification Citation: 31-7-2.5-1.]

As added by P.L.1-1997, SEC.3.

 

IC 31-11-3-2"Premarital agreement" defined

     Sec. 2. As used in this chapter, "premarital agreement" means an agreement between prospective spouses that:

(1) is executed in contemplation of marriage; and

(2) becomes effective upon marriage.

[Pre-1997 Recodification Citation: 31-7-2.5-2 part.]

As added by P.L.1-1997, SEC.3.

 

IC 31-11-3-3"Property" defined

     Sec. 3. As used in this chapter, "property" means an interest, present or future, legal or equitable, vested or contingent, in real and personal property, including income and earnings.

[Pre-1997 Recodification Citation: 31-7-2.5-3 part.]

As added by P.L.1-1997, SEC.3.

 

IC 31-11-3-4Agreement must be in writing; consideration not required

     Sec. 4. A premarital agreement must be in writing and signed by both parties. The agreement is enforceable without consideration.

[Pre-1997 Recodification Citation: 31-7-2.5-4.]

As added by P.L.1-1997, SEC.3.

 

IC 31-11-3-5Content; child support unaffected

     Sec. 5. (a) Parties to a premarital agreement may contract with each other regarding the following matters:

(1) The rights and obligations of each of the parties in any property of either or both of them whenever and wherever acquired or located.

(2) The right to:

(A) buy;

(B) sell;

(C) use;

(D) exchange;

(E) abandon;

(F) lease;

(G) consume;

(H) expend;

(I) assign;

(J) create a security interest in;

(K) mortgage;

(L) encumber;

(M) dispose of; or

(N) otherwise manage and control;

property.

(3) The disposition of property upon:

(A) legal separation;

(B) dissolution of marriage;

(C) death; or

(D) the occurrence or nonoccurrence of any other event.

(4) The modification or elimination of spousal maintenance.

(5) The making of:

(A) a will;

(B) a trust; or

(C) other arrangement;

to carry out the provisions of the agreement.

(6) The ownership rights in and disposition of a death benefit from a life insurance policy.

(7) The choice of law governing the construction of the agreement.

(8) Any other matter not in violation of public policy or a statute imposing a criminal penalty, including the personal rights and obligations of the parties.

     (b) A premarital agreement may not adversely affect the right of a child to support.

[Pre-1997 Recodification Citation: 31-7-2.5-5.]

As added by P.L.1-1997, SEC.3.

 

IC 31-11-3-6Effective date

     Sec. 6. A premarital agreement becomes effective upon marriage.

[Pre-1997 Recodification Citation: 31-7-2.5-6.]

As added by P.L.1-1997, SEC.3.

 

IC 31-11-3-7Amendment or revocation must be in writing; consideration not required

     Sec. 7. After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties. The amended agreement or the revocation is enforceable without consideration.

[Pre-1997 Recodification Citation: 31-7-2.5-7.]

As added by P.L.1-1997, SEC.3.

 

IC 31-11-3-8Enforceability of agreement

     Sec. 8. (a) A premarital agreement is not enforceable if a party against whom enforcement is sought proves that:

(1) the party did not execute the agreement voluntarily; or

(2) the agreement was unconscionable when the agreement was executed.

     (b) If:

(1) a provision of a premarital agreement modifies or eliminates spousal maintenance; and

(2) the modification or elimination causes one (1) party to the agreement extreme hardship under circumstances not reasonably foreseeable at the time of the execution of the agreement;

a court, notwithstanding the terms of the agreement, may require the other party to provide spousal maintenance to the extent necessary to avoid extreme hardship.

     (c) A court shall decide an issue of unconscionability of a premarital agreement as a matter of law.

[Pre-1997 Recodification Citation: 31-7-2.5-8.]

As added by P.L.1-1997, SEC.3.

 

IC 31-11-3-9Effect of void marriage

     Sec. 9. If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.

[Pre-1997 Recodification Citation: 31-7-2.5-9.]

As added by P.L.1-1997, SEC.3.

 

IC 31-11-3-10Tolling of statute of limitations during marriage; equitable defenses

     Sec. 10. Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties to the agreement. However, equitable defenses limiting the time for enforcement, including laches and estoppel, are available to either party.

[Pre-1997 Recodification Citation: 31-7-2.5-10.]

As added by P.L.1-1997, SEC.3.

 

IC 31-11-4Chapter 4. Marriage Licenses and Certificates
           31-11-4-0.2Effect of enactment of prior law
           31-11-4-0.3Legalization of court orders relating to certain marriages; issuance of duplicate license; state department of health shall accept order
           31-11-4-0.4Legalization of certain marriage licenses issued after August 31, 1984, and before April 16, 1985
           31-11-4-1Marriage license required to marry
           31-11-4-2Prerequisites for issuance of marriage license
           31-11-4-3County of residence or solemnization; place to obtain license
           31-11-4-4Application; sexually transmitted diseases acknowledgment; religious objections
           31-11-4-5Distribution of information concerning dangerous communicable diseases that are sexually transmitted
           31-11-4-6Proof of birth date
           31-11-4-7Birth date information required for issuance of marriage license
           31-11-4-8Filing of consent to marry; entry of notice of filing
           31-11-4-9Expiration of application
           31-11-4-10Expiration of license
           31-11-4-11Conditions precluding issuance of marriage license
           31-11-4-12Refusal to issue marriage license; notice; hearing; finding; costs
           31-11-4-13Duty to present marriage license to individual authorized to solemnize marriages
           31-11-4-14Marriage license as authorization of solemnization of marriage
           31-11-4-15Marriage certificates
           31-11-4-16Completion, disposition, filing, and recording of marriage certificates and marriage licenses
           31-11-4-17Failure to file marriage certificates and marriage licenses; declaratory order upon proof of marriage; legal effect; recording requirements
           31-11-4-18Records of marriage; paper or electronic forms; index
           31-11-4-19Public inspection of statistical data from marriage records

 

IC 31-11-4-0.2Effect of enactment of prior law

     Sec. 0.2. The addition of IC 31-7-3-15.5 (before its repeal, now codified at section 17 of this chapter) by P.L.143-1994 applies to marriages performed before, on, and after March 8, 1994.

As added by P.L.220-2011, SEC.489.

 

IC 31-11-4-0.3Legalization of court orders relating to certain marriages; issuance of duplicate license; state department of health shall accept order

     Sec. 0.3. (a) If before March 8, 1994:

(1) an individual who solemnized a marriage failed to appropriately complete the marriage certificate or timely file the duplicate marriage certificate and marriage license with the clerk as required by IC 31-7-3-15 (before its repeal, now codified at section 16 of this chapter);

(2) a party to the marriage petitioned a circuit court with jurisdiction in the county in which the marriage occurred to affirm the marriage as of the date the marriage occurred; and

(3) the court issued an order affirming the marriage as of the date the marriage occurred;

the court order is legalized and has the same legal effect as a properly attested and filed marriage certificate.

     (b) If the clerk of the court receives a court order affirming the marriage described in subsection (a), the clerk of the court shall issue a duplicate license with the date the marriage occurred to the party who sought declaratory relief.

     (c) The state department of health shall accept the order described in subsection (a) as it accepts other marriage records received from county clerks.

As added by P.L.220-2011, SEC.490.

 

IC 31-11-4-0.4Legalization of certain marriage licenses issued after August 31, 1984, and before April 16, 1985

     Sec. 0.4. A marriage solemnized under the legal authority of a license that:

(1) was issued under the authority of a circuit, superior, or juvenile court after August 31, 1984, and before April 16, 1985; and

(2) would have been validly issued under IC 31-1-1-1 if that statute had been in effect;

is legalized if performed in conformity with all other statutes in effect at the time of the marriage.

As added by P.L.220-2011, SEC.491.

 

IC 31-11-4-1Marriage license required to marry

     Sec. 1. Before two (2) individuals may marry each other, the individuals must obtain a marriage license under this chapter.

[Pre-1997 Recodification Citation: 31-7-1-1.]

As added by P.L.1-1997, SEC.3.

 

IC 31-11-4-2Prerequisites for issuance of marriage license

     Sec. 2. A clerk of a circuit court may not issue a marriage license unless the individuals who apply for the license have the authority to marry each other under IC 31-11-1.

[Pre-1997 Recodification Citation: 31-7-3-1.]

As added by P.L.1-1997, SEC.3.

 

IC 31-11-4-3County of residence or solemnization; place to obtain license

     Sec. 3. Individuals who intend to marry must obtain a marriage license from the clerk of the circuit court of the county of residence of either of the individuals. If neither of the individuals who intends to marry is a resident of Indiana, the individuals must obtain the marriage license from the clerk of the circuit court of the county in which the marriage is to be solemnized.

[Pre-1997 Recodification Citation: 31-7-3-2.]

As added by P.L.1-1997, SEC.3.

 

IC 31-11-4-4Application; sexually transmitted diseases acknowledgment; religious objections

     Sec. 4. (a) An application for a marriage license must be written and verified. The application must contain the following information concerning each of the applicants:

(1) Full name.

(2) Birthplace.

(3) Residence.

(4) Age.

(5) Names of dependent children.

(6) Full name, including the maiden name of a mother, last known residence, and, if known, the place of birth of:

(A) the birth parents of the applicant if the applicant is not adopted; or

(B) the adoptive parents of the applicant if the applicant is adopted.

(7) A statement of facts necessary to determine whether any legal impediment to the proposed marriage exists.

(8) Except as provided in subsection (e), an acknowledgment that both applicants must sign, affirming that the applicants have received the information described in section 5 of this chapter, including a list of test sites for the virus that causes AIDS (acquired immune deficiency syndrome). The acknowledgment required by this subdivision must be in the following form:

ACKNOWLEDGMENT

     I acknowledge that I have received information regarding dangerous communicable diseases that are sexually transmitted and a list of test sites for the virus that causes AIDS (acquired immune deficiency syndrome).

__________________________                    ____________

Signature of Applicant                                    Date

__________________________                    ____________

Signature of Applicant                                    Date

     (b) The clerk of the circuit court shall record the application, including the license and certificate of marriage, in a book provided for that purpose. This book is a public record.

     (c) The state department of health shall develop uniform forms for applications for marriage licenses. The state department of health shall furnish these forms to the circuit court clerks. The state department of health may periodically revise these forms.

     (d) The state department of health shall require that the record of marriage form developed under subsection (c) must include each applicant's Social Security number. Any Social Security numbers collected on the record of marriage form shall be kept confidential and used only to carry out the purposes of the Title IV-D program. A person who knowingly or intentionally violates confidentiality regarding an applicant's Social Security numbers as described in this subsection commits a Class A infraction.

     (e) Notwithstanding subsection (a), a person who objects on religious grounds is not required to:

(1) verify the application under subsection (a) by oath or affirmation; or

(2) sign the acknowledgment described in subsection (a)(8).

However, before the clerk of the circuit court may issue a marriage license to a member of the Old Amish Mennonite church, the bishop of that member must sign a statement that the information in the application is true.

     (f) If a person objects on religious grounds to:

(1) verifying the application under subsection (a) by oath or affirmation; or

(2) signing the acknowledgment described in subsection (a)(8);

the clerk of the circuit court shall indicate that fact on the application for a marriage license.

[Pre-1997 Recodification Citation: 31-7-3-3.]

As added by P.L.1-1997, SEC.3. Amended by P.L.213-1999, SEC.8; P.L.86-2002, SEC.5.

 

IC 31-11-4-5Distribution of information concerning dangerous communicable diseases that are sexually transmitted

     Sec. 5. (a) The clerk of the circuit court shall distribute to marriage license applicants written information or videotaped information approved by the AIDS advisory council of the state department of health concerning dangerous communicable diseases that are sexually transmitted.

     (b) Written information and videotaped information distributed by each clerk of the circuit court under subsection (a) must provide current information on human immunodeficiency virus (HIV) infection and other dangerous communicable diseases that are sexually transmitted. The information must include an explanation of the following:

(1) The etiology of dangerous communicable diseases that are sexually transmitted.

(2) The behaviors that create a high risk of transmission of such diseases.

(3) Precautionary measures that reduce the risk of contracting such diseases.

(4) The necessity for consulting medical specialists if infection is suspected.

     (c) At the time of application for a marriage license, each clerk of the circuit court shall:

(1) provide the marriage license applicants with written information furnished under subsection (a) concerning dangerous communicable diseases that are sexually transmitted; or

(2) show the marriage license applicants videotaped information furnished under subsection (a) concerning dangerous communicable diseases that are sexually transmitted.

     (d) In addition to the information provided to marriage license applicants under subsection (c), each clerk of the circuit court shall inform each marriage license applicant that the applicant may be tested on a voluntary basis for human immunodeficiency virus (HIV) infection by the applicant's private physician or at another testing site. The clerk shall provide the marriage applicants with a list of testing sites in the community.

     (e) An applicant who objects to the written information or videotaped information on religious grounds is not required to receive the information.

     (f) If materials required by this section are not prepared by other sources, the state department of health shall prepare the materials.

     (g) The provider of the materials is responsible for all costs involved in the development, preparation, and distribution of the information required by this section. Except for the materials developed by the state, the state and county are not liable for the costs of materials used to implement this section and section 4 of this chapter.

[Pre-1997 Recodification Citation: 31-7-3-3.5.]

As added by P.L.1-1997, SEC.3.

 

IC 31-11-4-6Proof of birth date

     Sec. 6. Each individual who applies for a marriage license must submit to the clerk of the circuit court:

(1) a certified copy of the individual's birth certificate;

(2) a certified copy of a judicial decree issued under IC 34-28-1 (or IC 34-4-3 before its repeal) that establishes the date of the individual's birth;

(3) any written evidence of the individual's date of birth that is satisfactory to the clerk; or

(4) a valid operator's license or other identification issued by a state that contains the individual's date of birth and current address.

[Pre-1997 Recodification Citation: 31-7-3-4.]

As added by P.L.1-1997, SEC.3. Amended by P.L.1-1998, SEC.158.

 

IC 31-11-4-7Birth date information required for issuance of marriage license

     Sec. 7. A clerk of a circuit court or a deputy of the clerk may not issue a marriage license unless the application for the license is accompanied by the information required to be submitted by section 6 of this chapter.

[Pre-1997 Recodification Citation: 31-7-3-5.]

As added by P.L.1-1997, SEC.3.

 

IC 31-11-4-8Filing of consent to marry; entry of notice of filing

     Sec. 8. If a written consent is required by IC 31-11-2, a clerk of a circuit court may not receive an application for a marriage license unless:

(1) the clerk has filed the consent form in the clerk's office; and

(2) the clerk has entered a notice of the filing on the marriage license docket.

[Pre-1997 Recodification Citation: 31-7-3-6.]

As added by P.L.1-1997, SEC.3.

 

IC 31-11-4-9Expiration of application

     Sec. 9. An application for a marriage license expires sixty (60) days after the application is filed with the clerk of the circuit court unless a license to marry is issued under the application within that time.

[Pre-1997 Recodification Citation: 31-7-3-7.]

As added by P.L.1-1997, SEC.3.

 

IC 31-11-4-10Expiration of license

     Sec. 10. A marriage license expires sixty (60) days after the license is issued unless a marriage is solemnized under the license within that time.

[Pre-1997 Recodification Citation: 31-7-3-8.]

As added by P.L.1-1997, SEC.3.

 

IC 31-11-4-11Conditions precluding issuance of marriage license

     Sec. 11. A clerk of a circuit court may not issue a marriage license if either of the individuals who applies for the license:

(1) has been adjudged to be mentally incompetent unless the clerk finds that the adjudication is no longer in effect; or

(2) is under the influence of an alcoholic beverage or a narcotic drug.

[Pre-1997 Recodification Citation: 31-7-3-10.]

As added by P.L.1-1997, SEC.3.

 

IC 31-11-4-12Refusal to issue marriage license; notice; hearing; finding; costs

     Sec. 12. (a) If it appears that two (2) individuals do not have a right to a marriage license, the clerk of the circuit court shall refuse to issue the license. If the clerk refuses to issue the license and if requested by the individuals, the clerk shall:

(1) certify the refusal to the circuit court; and

(2) notify the individuals of the clerk's actions.

     (b) At the earliest practicable time, the court shall hold a hearing on whether a marriage license should be issued to the individuals. The court shall notify the individuals of the time and place of the hearing. The hearing shall be held without a jury and may be held in court or in chambers. The court's finding concerning the issuance of a license is final.

     (c) The clerk of the circuit court shall:

(1) issue; or

(2) refuse to issue;

a marriage license in conformance with the court's order.

     (d) The individuals who intend to marry are not liable for costs for any actions taken under this section.

[Pre-1997 Recodification Citation: 31-7-3-11.]

As added by P.L.1-1997, SEC.3.

 

IC 31-11-4-13Duty to present marriage license to individual authorized to solemnize marriages

     Sec. 13. Individuals who intend to marry each other must present a marriage license that is issued under this chapter to an individual who is authorized by IC 31-11-6 to solemnize marriages.

[Pre-1997 Recodification Citation: 31-7-3-12.]

As added by P.L.1-1997, SEC.3.

 

IC 31-11-4-14Marriage license as authorization of solemnization of marriage

     Sec. 14. A marriage license that is issued under this chapter is the legal authority for an individual who is authorized to solemnize marriages to marry two (2) individuals.

[Pre-1997 Recodification Citation: 31-7-3-13.]

As added by P.L.1-1997, SEC.3.

 

IC 31-11-4-15Marriage certificates

     Sec. 15. Each marriage license must have two (2) certificates attached to the license. The state department of health shall prescribe a uniform form for these certificates. One (1) certificate must be marked "Original" and one (1) certificate must be marked "Duplicate". Each certificate must contain the following:

MARRIAGE CERTIFICATE

I ________ (name) certify that on ______ (date) at ______ in _______ County, Indiana, _______ of ______ County, ______ (state) and _______ of ______ County, _____ (state) were married by me as authorized under a marriage license that was issued by the Clerk of the Circuit Court of _______ County, Indiana, dated _______.

Signed

(OFFICIAL DESIGNATION)

[Pre-1997 Recodification Citation: 31-7-3-14.]

As added by P.L.1-1997, SEC.3.

 

IC 31-11-4-16Completion, disposition, filing, and recording of marriage certificates and marriage licenses

     Sec. 16. (a) The individual who solemnizes a marriage shall do the following:

(1) Complete the original and duplicate certificates described in section 15 of this chapter.

(2) Give the original certificate to the individuals who married each other.

(3) Not later than thirty (30) days after the date of the marriage, file the duplicate certificate and the license to marry with the clerk of the circuit court who issued the marriage license.

     (b) The clerk of the circuit court shall record the duplicate certificate and license to marry as prescribed by the state department of health under section 15 of this chapter.

     (c) If a duplicate certificate and marriage license are filed with a clerk of the circuit court who did not issue the marriage license, the clerk shall return the certificate and license to the clerk of the circuit court who issued the license.

[Pre-1997 Recodification Citation: 31-7-3-15.]

As added by P.L.1-1997, SEC.3.

 

IC 31-11-4-17Failure to file marriage certificates and marriage licenses; declaratory order upon proof of marriage; legal effect; recording requirements

     Sec. 17. (a) If the individual who solemnizes a marriage fails to:

(1) appropriately complete the certificate of marriage; or

(2) timely file the duplicate marriage certificate and marriage license with the clerk of the circuit court;

as required by section 16 of this chapter, either party to the marriage may file for a declaratory judgment in the circuit court with jurisdiction in the county in which the marriage occurred.

     (b) Upon proof by oral testimony or affidavits, the court may issue a declaratory order that:

(1) the marriage of the individuals listed was solemnized before the date the original marriage license expired;

(2) any error by the party who solemnized the marriage does not affect the validity of the marriage; and

(3) the clerk of the circuit court shall:

(A) accept the order for filing; and

(B) issue a duplicate marriage license with the date the marriage occurred to the party who sought declaratory relief.

     (c) A court order issued under this section has the same legal effect as a properly attested and filed marriage certificate.

     (d) The clerk of the circuit court shall record the duplicate license and court order and forward a copy of the marriage records to the state department of health on at least a monthly basis.

[Pre-1997 Recodification Citations: 31-7-3-15.5; 31-7-3-16 part.]

As added by P.L.1-1997, SEC.3.

 

IC 31-11-4-18Records of marriage; paper or electronic forms; index

     Sec. 18. (a) The clerk of the circuit court shall forward records of marriage to the state department of health on at least a monthly basis. A clerk:

(1) may forward a record of marriage to the state department of health in:

(A) a paper form; or

(B) an electronic form by using:

(i) an automated system developed by the judicial technology and automation project; or

(ii) another automated system approved by the state department of health; and

(2) who forwards a record of marriage to the state department of health in an electronic form is not required to forward the record of marriage to the state department of health in a paper form.

     (b) The state department of health shall:

(1) prescribe a form for recording marriages;

(2) accept a court order under section 17 of this chapter (or IC 31-7-3-15.5 before its repeal) in place of a marriage certificate;

(3) prepare an annual index of all marriages solemnized in Indiana and furnish at least one (1) index to the Indiana state library; and

(4) furnish reports on records of marriage published by the state department of health to the Indiana state library.

[Pre-1997 Recodification Citation: 31-7-3-16 part.]

As added by P.L.1-1997, SEC.3. Amended by P.L.22-2012, SEC.1.

 

IC 31-11-4-19Public inspection of statistical data from marriage records

     Sec. 19. Statistical data derived from records of marriages are open to public inspection.

[Pre-1997 Recodification Citation: 31-7-3-16 part.]

As added by P.L.1-1997, SEC.3.

 

IC 31-11-5Chapter 5. Repealed

[Pre-1997 Recodification Citations:

31-11-5-1         formerly 31-7-4-2

31-11-5-2         formerly 31-7-4-3

31-11-5-3         formerly 31-7-4-4

31-11-5-4         formerly 31-7-4-5

31-11-5-5         formerly 31-7-4-7

31-11-5-6         formerly 31-7-4-8.]

Repealed by P.L.41-2005, SEC.2.

 

IC 31-11-6Chapter 6. Authority to Solemnize Marriages
           31-11-6-1Persons authorized to solemnize marriages

 

IC 31-11-6-1Persons authorized to solemnize marriages

     Sec. 1. (a) Marriages may be solemnized by any of the following:

(1) A member of the clergy of a religious organization (even if the cleric does not perform religious functions for an individual congregation), such as a minister of the gospel, a priest, a bishop, an archbishop, or a rabbi.

(2) A judge.

(3) A mayor, within the mayor's county.

(4) A clerk or a clerk-treasurer of a city or town, within a county in which the city or town is located.

(5) A clerk of the circuit court.

(6) The governor.

(7) The lieutenant governor.

(8) A member of the general assembly.

(9) The Friends Church, in accordance with the rules of the Friends Church.

(10) The German Baptists, in accordance with the rules of their society.

(11) The Bahai faith, in accordance with the rules of the Bahai faith.

(12) The Church of Jesus Christ of Latter Day Saints, in accordance with the rules of the Church of Jesus Christ of Latter Day Saints.

(13) An imam of a masjid (mosque), in accordance with the rules of the religion of Islam.

     (b) The governor, the lieutenant governor, or a member of the general assembly may not accept any money for solemnizing a marriage.

[Pre-1997 Recodification Citation: 31-7-5-1.]

As added by P.L.1-1997, SEC.3. Amended by P.L.34-1999, SEC.1; P.L.93-2017, SEC.1.

 

IC 31-11-7Chapter 7. Rights and Liabilities Incident to Marriage
           31-11-7-1Abolition of legal disabilities of married women to make contracts
           31-11-7-2Married women's property rights
           31-11-7-3Tort liability of married women
           31-11-7-4Husband's immunity for wife's contracts or torts

 

IC 31-11-7-1Abolition of legal disabilities of married women to make contracts

     Sec. 1. All legal disabilities of a married woman to make contracts are abolished.

[Pre-1997 Recodification Citation: 31-7-10-1.]

As added by P.L.1-1997, SEC.3.

 

IC 31-11-7-2Married women's property rights

     Sec. 2. A married woman has the same rights concerning real and personal property that an unmarried woman has.

[Pre-1997 Recodification Citation: 31-7-10-2.]

As added by P.L.1-1997, SEC.3.

 

IC 31-11-7-3Tort liability of married women

     Sec. 3. A married woman is liable for torts committed by the woman.

[Pre-1997 Recodification Citation: 31-7-10-3.]

As added by P.L.1-1997, SEC.3.

 

IC 31-11-7-4Husband's immunity for wife's contracts or torts

     Sec. 4. A husband is not liable for the contracts or torts of his wife.

[Pre-1997 Recodification Citation: 31-7-10-4.]

As added by P.L.1-1997, SEC.3.

 

IC 31-11-8Chapter 8. Void Marriages
           31-11-8-0.3Legalization of certain marriages between first cousins
           31-11-8-1Marriages void without legal proceedings
           31-11-8-2Prior existing marriage
           31-11-8-3Marriage to close relative; marriages between cousins; exceptions
           31-11-8-4Mentally incompetent persons
           31-11-8-5Common law marriages entered into after January 1, 1958
           31-11-8-6Foreign marriage solemnized between Indiana residents to evade Indiana law

 

IC 31-11-8-0.3Legalization of certain marriages between first cousins

     Sec. 0.3. Marriages between first cousins that were solemnized before April 9, 1907, are legalized.

As added by P.L.220-2011, SEC.492.

 

IC 31-11-8-1Marriages void without legal proceedings

     Sec. 1. A marriage that is solemnized in Indiana and is void under section 2, 3, or 5 of this chapter is void without any legal proceedings.

[Pre-1997 Recodification Citation: 31-7-6-1.]

As added by P.L.1-1997, SEC.3.

 

IC 31-11-8-2Prior existing marriage

     Sec. 2. A marriage is void if either party to the marriage had a wife or husband who was living when the marriage was solemnized.

[Pre-1997 Recodification Citation: 31-7-6-2.]

As added by P.L.1-1997, SEC.3.

 

IC 31-11-8-3Marriage to close relative; marriages between cousins; exceptions

     Sec. 3. A marriage is void if the parties to the marriage are more closely related than second cousins. However, a marriage is not void if:

(1) the marriage was solemnized after September 1, 1977;

(2) the parties to the marriage are first cousins; and

(3) both of the parties were at least sixty-five (65) years of age when the marriage was solemnized.

[Pre-1997 Recodification Citation: 31-7-6-3.]

As added by P.L.1-1997, SEC.3.

 

IC 31-11-8-4Mentally incompetent persons

     Sec. 4. A marriage is void if either party to the marriage was mentally incompetent when the marriage was solemnized.

[Pre-1997 Recodification Citation: 31-7-6-4.]

As added by P.L.1-1997, SEC.3.

 

IC 31-11-8-5Common law marriages entered into after January 1, 1958

     Sec. 5. A marriage is void if the marriage is a common law marriage that was entered into after January 1, 1958.

[Pre-1997 Recodification Citation: 31-7-6-5.]

As added by P.L.1-1997, SEC.3.

 

IC 31-11-8-6Foreign marriage solemnized between Indiana residents to evade Indiana law

     Sec. 6. A marriage is void if the parties to the marriage:

(1) are residents of Indiana;

(2) had their marriage solemnized in another state with the intent to:

(A) evade IC 31-11-4-4 or IC 31-11-4-11 (or IC 31-7-3-3 or IC 31-7-3-10 before their repeal); and

(B) subsequently return to Indiana and reside in Indiana; and

(3) without having established residence in another state in good faith, return to Indiana and reside in Indiana after the marriage is solemnized.

[Pre-1997 Recodification Citation: 31-7-6-6.]

As added by P.L.1-1997, SEC.3.

 

IC 31-11-9Chapter 9. Voidable Marriages
           31-11-9-1Actions to annul voidable marriages
           31-11-9-2Incapacity to marry because of age or mental incompetence
           31-11-9-3Fraud

 

IC 31-11-9-1Actions to annul voidable marriages

     Sec. 1. Actions to annul voidable marriages under this chapter are governed by IC 31-11-10.

[1997 Recodification Citation: New.]

As added by P.L.1-1997, SEC.3.

 

IC 31-11-9-2Incapacity to marry because of age or mental incompetence

     Sec. 2. A marriage is voidable if a party to the marriage was incapable because of age or mental incompetency of contracting the marriage.

[Pre-1997 Recodification Citation: 31-7-7-1 part.]

As added by P.L.1-1997, SEC.3.

 

IC 31-11-9-3Fraud

     Sec. 3. A marriage is voidable if the marriage was brought about through fraud on the part of one (1) of the parties to the marriage.

[Pre-1997 Recodification Citation: 31-7-7-2(a) part.]

As added by P.L.1-1997, SEC.3.

 

IC 31-11-10Chapter 10. Actions to Annul Voidable Marriages
           31-11-10-0.3Legalization of certain judgments for annulment of marriage
           31-11-10-1Action by party incapable of contracting marriage; petition filed by guardian
           31-11-10-2Action by victim of fraud; defense
           31-11-10-3Jurisdiction
           31-11-10-4Procedure; filing in county of guardian's residence

 

IC 31-11-10-0.3Legalization of certain judgments for annulment of marriage

     Sec. 0.3. A judgment for annulment of marriage that was:

(1) entered before February 27, 1937;

(2) granted because of fraud on the part of a party to the marriage; and

(3) granted in a case in which the defendant received service by publication;

is legalized.

As added by P.L.220-2011, SEC.493.

 

IC 31-11-10-1Action by party incapable of contracting marriage; petition filed by guardian

     Sec. 1. (a) This section applies to a marriage that is voidable under IC 31-11-9-2 on the ground that a party to the marriage was incapable because of age or mental incompetency of contracting the marriage.

     (b) The incapable party described in subsection (a) may file an action to annul the marriage in a court that has jurisdiction over the action under section 3 of this chapter.

     (c) If a guardian of an incapacitated person is filing a petition for annulment of a marriage on behalf of the incapacitated person, the petition for annulment must set forth the name and address of the guardian.

     (d) If a guardian of an incapacitated person files a petition for annulment of a marriage on behalf of the incapacitated person, the guardian shall file with the petition a copy of the court order granting authority to petition for annulment of marriage described in IC 29-3-9-12.2.

[Pre-1997 Recodification Citation: 31-7-7-1 part.]

As added by P.L.1-1997, SEC.3. Amended by P.L.83-2014, SEC.11.

 

IC 31-11-10-2Action by victim of fraud; defense

     Sec. 2. (a) This section applies to a marriage that is voidable under IC 31-11-9-3 on the ground that the marriage was brought about through fraud on the part of one (1) of the parties to the marriage.

     (b) The alleged victim of fraud described in subsection (a) may file an action to annul the marriage in a court that has jurisdiction over the action under section 3 of this chapter.

     (c) It is a defense in an action brought under this section that, after the discovery of the alleged fraud, the alleged victim continued to cohabit with the other party to the marriage.

[Pre-1997 Recodification Citation: 31-7-7-2(a) part, (b).]

As added by P.L.1-1997, SEC.3.

 

IC 31-11-10-3Jurisdiction

     Sec. 3. A circuit or superior court has jurisdiction over actions to annul voidable marriages under this chapter.

[Pre-1997 Recodification Citation: 31-7-7-3.]

As added by P.L.1-1997, SEC.3.

 

IC 31-11-10-4Procedure; filing in county of guardian's residence

     Sec. 4. (a) An action to annul a voidable marriage under this chapter must be conducted in accordance with IC 31-15.

     (b) If a court has authorized a guardian to file an action to annul a marriage on behalf of an incapacitated person under IC 29-3-9-12.2, the guardian may file an action to annul a marriage in the guardian's county of residence if the guardian has resided in that county for at least three (3) months immediately preceding the filing of the action.

[Pre-1997 Recodification Citation: 31-7-7-4.]

As added by P.L.1-1997, SEC.3. Amended by P.L.83-2014, SEC.12.

 

IC 31-11-11Chapter 11. Offenses
           31-11-11-1False information in marriage license application
           31-11-11-2False information in verified written consent
           31-11-11-3False information concerning applicant's physical condition
           31-11-11-4Acceptance of false information concerning applicant's physical condition
           31-11-11-5Solemnization of marriage in violation of this article
           31-11-11-6Attempt to solemnize marriage by person not authorized to solemnize marriages
           31-11-11-7Solemnization of marriage between persons prohibited from marrying
           31-11-11-8Failure to timely file marriage license and duplicate marriage certificate

 

IC 31-11-11-1False information in marriage license application

     Sec. 1. A person who knowingly furnishes false information to a clerk of the circuit court when the person applies for a marriage license under IC 31-11-4 commits a Level 6 felony.

[Pre-1997 Recodification Citation: 31-7-9-1.]

As added by P.L.1-1997, SEC.3. Amended by P.L.158-2013, SEC.307.

 

IC 31-11-11-2False information in verified written consent

     Sec. 2. A person who knowingly furnishes false information in a verified written consent under IC 31-11-2 commits a Level 6 felony.

[Pre-1997 Recodification Citation: 31-7-9-2.]

As added by P.L.1-1997, SEC.3. Amended by P.L.158-2013, SEC.308.

 

IC 31-11-11-3False information concerning applicant's physical condition

     Sec. 3. An applicant for a marriage license who knowingly furnishes false information concerning the applicant's physical condition to the clerk of a circuit court commits a Level 6 felony.

[Pre-1997 Recodification Citation: 31-7-9-3.]

As added by P.L.1-1997, SEC.3. Amended by P.L.41-2005, SEC.1; P.L.158-2013, SEC.309.

 

IC 31-11-11-4Acceptance of false information concerning applicant's physical condition

     Sec. 4. A clerk of the circuit court or a deputy of the clerk who issues a license to marry, knowing that the information concerning the physical condition of an applicant is false, commits a Class B misdemeanor.

[Pre-1997 Recodification Citation: 31-7-9-4.]

As added by P.L.1-1997, SEC.3.

 

IC 31-11-11-5Solemnization of marriage in violation of this article

     Sec. 5. A person who:

(1) is authorized to solemnize marriages by IC 31-11-6; and

(2) solemnizes a marriage in violation of this article;

commits a Class C infraction.

[Pre-1997 Recodification Citation: 31-7-9-5.]

As added by P.L.1-1997, SEC.3.

 

IC 31-11-11-6Attempt to solemnize marriage by person not authorized to solemnize marriages

     Sec. 6. A person who:

(1) attempts to solemnize a marriage; and

(2) is not authorized to solemnize marriages by IC 31-11-6;

commits a Class B misdemeanor.

[Pre-1997 Recodification Citation: 31-7-9-6.]

As added by P.L.1-1997, SEC.3.

 

IC 31-11-11-7Solemnization of marriage between persons prohibited from marrying

     Sec. 7. A person who knowingly solemnizes a marriage of individuals who are prohibited from marrying by IC 31-11-1 commits a Class B misdemeanor.

[Pre-1997 Recodification Citation: 31-7-9-7.]

As added by P.L.1-1997, SEC.3.

 

IC 31-11-11-8Failure to timely file marriage license and duplicate marriage certificate

     Sec. 8. A person who:

(1) solemnizes a marriage; and

(2) fails to file the marriage license and a duplicate marriage certificate with the clerk of the circuit court not later than ninety (90) days after the date the marriage was solemnized;

commits a Class C infraction.

[Pre-1997 Recodification Citation: 31-7-9-8.]

As added by P.L.1-1997, SEC.3.

 

IC 31-12ARTICLE 12. FAMILY LAW: DOMESTIC RELATIONS COURTS
           Ch. 1.Domestic Relations Courts; Provision of Counseling Services
           Ch. 1.5.Other Domestic Relations Courts
           Ch. 2.Establishment of Domestic Relations Counseling Bureau in Certain Counties; Provision of Counseling Services
           Ch. 3.Family Relations Division of Court
           Ch. 4.Domestic Relations Counseling Bureau Fee

 

IC 31-12-1Chapter 1. Domestic Relations Courts; Provision of Counseling Services
           31-12-1-1Determination of necessity to establish court
           31-12-1-2Designation of judges; sessions of court
           31-12-1-3Designation of court
           31-12-1-4Jurisdiction; supplemental powers
           31-12-1-5Absence or inability of judge to perform duties; appointment of substitute
           31-12-1-6Duty of clerk of judicial circuit court to file cases in domestic relations court
           31-12-1-7Forms of action; caption
           31-12-1-8Petition invoking jurisdiction for reconciliation or amicable settlement
           31-12-1-9Appointment of referees, counselors, assistants, and clerks; compensation; expenses
           31-12-1-10Referee's duties
           31-12-1-11Counselor's duties
           31-12-1-12Director of domestic relations counseling
           31-12-1-13Counseling service not condonation of acts constituting grounds for dissolution of marriage
           31-12-1-14Private counseling proceedings; confidential communications
           31-12-1-15Setting cause for hearing
           31-12-1-16Court of record

 

IC 31-12-1-1Determination of necessity to establish court

     Sec. 1. (a) This chapter applies only in judicial circuits in which the judges of the superior and circuit courts determine that:

(1) the social conditions in the county; and

(2) the number of domestic relations cases in the courts;

make the procedures provided in this chapter necessary for the full and proper consideration of the cases and to carry out this chapter.

     (b) The majority of the judges of the superior and circuit courts in each judicial circuit shall make the determination under subsection (a) annually in January.

[Pre-1997 Recodification Citation: 31-1-23-1.]

As added by P.L.1-1997, SEC.4.

 

IC 31-12-1-2Designation of judges; sessions of court

     Sec. 2. In judicial circuits having at least three (3) judges of the superior court, probate court, and circuit court, the judges of the superior, probate, and circuit courts may annually, in January, designate one (1) or more of the judges to hear all cases under this chapter. The designated judges shall hold as many sessions of court each week as are necessary for the prompt disposition of the court's business.

[Pre-1997 Recodification Citation: 31-1-23-2.]

As added by P.L.1-1997, SEC.4. Amended by P.L.84-2016, SEC.132.

 

IC 31-12-1-3Designation of court

     Sec. 3. Each court exercising the jurisdiction conferred by this chapter may be designated as a domestic relations court.

[Pre-1997 Recodification Citation: 31-1-23-3.]

As added by P.L.1-1997, SEC.4.

 

IC 31-12-1-4Jurisdiction; supplemental powers

     Sec. 4. (a) Whenever a domestic relations court is established under this chapter, the domestic relations court has jurisdiction over all proceedings in the following causes of action:

(1) Dissolution of marriage.

(2) Separation.

(3) Annulment.

(4) Child support.

(5) Paternity.

     (b) A domestic relations court has jurisdiction that other courts in Indiana have over the causes of action listed in subsection (a). A domestic relations court may dispose of the causes of action listed in subsection (a) in the manner provided by statute for those causes of action. However, this chapter grants supplemental powers to domestic relations courts to aid the court in determining the difference between the parties and in protecting the welfare and rights of the child or children involved.

[Pre-1997 Recodification Citation: 31-1-23-10 part.]

As added by P.L.1-1997, SEC.4. Amended by P.L.197-1997, SEC.3.

 

IC 31-12-1-5Absence or inability of judge to perform duties; appointment of substitute

     Sec. 5. (a) If a judge appointed to act as judge of the domestic relations court is:

(1) on vacation;

(2) absent; or

(3) for any reason unable to perform the judge's duties;

a majority of the judges of the superior and circuit courts may appoint another of the judges to act as judge of the domestic relations court during that period.

     (b) A judge appointed under subsection (a) has all the powers and authority of the judge of the domestic relations court in cases under this chapter.

[Pre-1997 Recodification Citation: 31-1-23-4.]

As added by P.L.1-1997, SEC.4.

 

IC 31-12-1-6Duty of clerk of judicial circuit court to file cases in domestic relations court

     Sec. 6. The clerk of the courts in a judicial circuit in which a domestic relations court is established shall file all cases listed in section 4(a) of this chapter in the domestic relations court.

[Pre-1997 Recodification Citation: 31-1-23-10 part.]

As added by P.L.1-1997, SEC.4.

 

IC 31-12-1-7Forms of action; caption

     Sec. 7. The forms of action for:

(1) dissolution of marriage;

(2) annulment;

(3) separation;

(4) child support; or

(5) paternity;

that are available to the parties under statute are the forms of action in any domestic relations court established under this chapter. However, the caption of the cause must show that the cause is filed in the Domestic Relations Court of _____________ County.

[Pre-1997 Recodification Citation: 31-1-23-11 part.]

As added by P.L.1-1997, SEC.4. Amended by P.L.197-1997, SEC.4.

 

IC 31-12-1-8Petition invoking jurisdiction for reconciliation or amicable settlement

     Sec. 8. Before the filing of an action for dissolution of marriage, annulment, separation, child support, or paternity, either spouse or both spouses may file in the domestic relations court a petition invoking the jurisdiction of the court for:

(1) the purpose of preserving the marriage by effecting a reconciliation between the parties; or

(2) the amicable settlement of the controversy between the spouses so as to avoid further litigation over the issue involved.

[Pre-1997 Recodification Citation: 31-1-23-11 part.]

As added by P.L.1-1997, SEC.4. Amended by P.L.197-1997, SEC.5.

 

IC 31-12-1-9Appointment of referees, counselors, assistants, and clerks; compensation; expenses

     Sec. 9. (a) In each of the judicial circuits in which this chapter applies, judges of the superior and circuit courts may appoint one (1) or more professionally qualified domestic relations:

(1) referees;

(2) counselors;

(3) assistants; and

(4) clerks;

as are considered necessary to serve at the pleasure of the appointing judge.

     (b) The appointing judge shall fix the compensation and expense of the personnel appointed under this chapter, which shall be paid out of the county general fund.

[Pre-1997 Recodification Citation: 31-1-23-5.]

As added by P.L.1-1997, SEC.4.

 

IC 31-12-1-10Referee's duties

     Sec. 10. A domestic relations referee shall perform such duties as the judge of the domestic relations court assigns to the referee.

[Pre-1997 Recodification Citation: 31-1-23-6 part.]

As added by P.L.1-1997, SEC.4.

 

IC 31-12-1-11Counselor's duties

     Sec. 11. A domestic relations counselor shall, when directed by the judge of any domestic relations court, perform the following duties in domestic relations cases and such other duties as the judge of the domestic relations court assigns to the counselor:

(1) The domestic relations counselor shall promptly receive all requests for counseling services for the purpose of disposing of the requests under this chapter.

(2) Whenever a petition is filed and either party requests counseling, the domestic relations counselor shall, in the counselor's discretion:

(A) interview and counsel each plaintiff and, if feasible and desirable, each defendant; or

(B) confer with both jointly;

for the purpose of reconciling the differences between the parties and making recommendations to the judge of the domestic relations court.

(3) In each case assigned to the domestic relations court in which the custody, support, or welfare of a child is involved, in order to protect and conserve the interest of the child, the domestic relations counselor shall investigate and report upon:

(A) the status and condition of the parties to the cause;

(B) the status and condition of the child;

(C) the provisions made or to be made for the protection of the welfare of the child; and

(D) any other matter pertaining to the marriage that may affect the welfare of the child.

(4) Upon request of the domestic relations court judge, the counselor shall:

(A) make post-dissolution studies of problems arising in connection with child custody, support, and parenting time;

(B) provide assistance to the parties in the enforcement of support orders; and

(C) cause reports to be made and statistics to be compiled, which records and reports shall be kept as the judge of the domestic relations court may direct.

(5) The counselor shall provide such supervision in connection with the exercise of the jurisdiction of the domestic relations court as the judge may order.

[Pre-1997 Recodification Citation: 31-1-23-6 part.]

As added by P.L.1-1997, SEC.4. Amended by P.L.68-2005, SEC.9.

 

IC 31-12-1-12Director of domestic relations counseling

     Sec. 12. The judge of a domestic relations court may appoint from among the domestic relations counselors one (1) counselor to act as director of domestic relations counseling. The director shall:

(1) be responsible for receiving all applications and assignments for counseling under the order of the court and assign the applications to domestic relations counselors for further counseling and proceedings under this chapter;

(2) cause reports to be made, statistics to be filed, and records to be kept as the judge of the domestic relations court directs; and

(3) act in a supervisory capacity to all other domestic relations counselors so that the counselors promptly and properly act upon all requests for counseling service.

[Pre-1997 Recodification Citation: 31-1-23-7.]

As added by P.L.1-1997, SEC.4.

 

IC 31-12-1-13Counseling service not condonation of acts constituting grounds for dissolution of marriage

     Sec. 13. The:

(1) use of counseling service provided under this chapter; and

(2) action taken that has been recommended by the domestic relations counselor;

is not condonation on the part of either spouse of acts that may constitute grounds for dissolution of the marriage.

[Pre-1997 Recodification Citation: 31-1-23-8.]

As added by P.L.1-1997, SEC.4.

 

IC 31-12-1-14Private counseling proceedings; confidential communications

     Sec. 14. (a) All counseling:

(1) proceedings;

(2) interviews; and

(3) conferences;

shall be held in private.

     (b) All communications, verbal or written, and any record made as a result of the communications from the parties to the judge, the domestic relations counselor, or other person designated or recommended under this chapter in a counseling or conciliation proceeding:

(1) are considered to be made in confidence; and

(2) are not admissible and may not be used for any purpose in:

(A) any divorce or dissolution of marriage hearing; or

(B) any other proceeding.

[Pre-1997 Recodification Citation: 31-1-23-9.]

As added by P.L.1-1997, SEC.4.

 

IC 31-12-1-15Setting cause for hearing

     Sec. 15. If after a reasonable time it appears that the use of counseling services under this chapter is not effective, the court shall, upon application of either party, set the cause for hearing on the court's trial docket.

[Pre-1997 Recodification Citation: 31-1-23-13.]

As added by P.L.1-1997, SEC.4.

 

IC 31-12-1-16Court of record

     Sec. 16. (a) This section does not apply to counseling proceedings, interviews, conferences, and communications that are confidential under section 14 of this chapter.

     (b) A domestic relations court established under this chapter is a court of record and all proceedings in the court must be of record.

[Pre-1997 Recodification Citation: 31-1-23-12.]

As added by P.L.1-1997, SEC.4.

 

IC 31-12-1.5Chapter 1.5. Other Domestic Relations Courts
           31-12-1.5-1Determination of necessity to establish court
           31-12-1.5-2Designation of judges; sessions of court
           31-12-1.5-3Designation of court
           31-12-1.5-4Jurisdiction; supplemental powers
           31-12-1.5-5Absence or inability of judge to perform duties; appointment of substitute
           31-12-1.5-6Application of domestic relations courts provisions
           31-12-1.5-7Domestic relations counseling appointments

 

IC 31-12-1.5-1Determination of necessity to establish court

     Sec. 1. (a) This chapter applies in a judicial circuit in which a majority of the judges of the circuit and superior courts determine that:

(1) the social conditions of the county; and

(2) the number of domestic relations cases in the courts;

make the procedures described in IC 31-12-1 necessary for the full and proper consideration of domestic relations cases.

     (b) The judges shall make the determination described in subsection (a) annually in January.

As added by P.L.80-2006, SEC.2.

 

IC 31-12-1.5-2Designation of judges; sessions of court

     Sec. 2. If the judges of a judicial circuit make the determination described in section 1 of this chapter, the judges shall designate by joint order one (1) or more of the judges in the judicial circuit to hear cases under this chapter. A judge designated under this section may hold as many sessions each week as are necessary for the prompt disposition of the court's business.

As added by P.L.80-2006, SEC.2.

 

IC 31-12-1.5-3Designation of court

     Sec. 3. A court exercising the jurisdiction described in section 2 of this chapter may be designated as a domestic relations court.

As added by P.L.80-2006, SEC.2.

 

IC 31-12-1.5-4Jurisdiction; supplemental powers

     Sec. 4. A court designated as a domestic relations court under section 3 of this chapter has the jurisdiction and special powers described in IC 31-12-1-4. A court designated as a domestic relations court under this chapter, IC 31-12-1, or IC 31-12-2 retains jurisdiction to hear any type of case the court had jurisdiction to hear before the court was designated as a domestic relations court.

As added by P.L.80-2006, SEC.2.

 

IC 31-12-1.5-5Absence or inability of judge to perform duties; appointment of substitute

     Sec. 5. (a) If a judge appointed to act as judge of the domestic relations court is:

(1) on vacation;

(2) absent; or

(3) for any reason unable to perform the judge's duties;

a majority of the judges of the superior and circuit courts may appoint another of the judges to act as judge of the domestic relations court during that period.

     (b) A judge appointed under subsection (a) has all the powers and authority of the regularly presiding judge of the domestic relations court.

As added by P.L.80-2006, SEC.2.

 

IC 31-12-1.5-6Application of domestic relations courts provisions

     Sec. 6. IC 31-12-1-6 through IC 31-12-1-16 apply to a domestic relations court established under this chapter.

As added by P.L.80-2006, SEC.2.

 

IC 31-12-1.5-7Domestic relations counseling appointments

     Sec. 7. (a) The judges of the circuit and superior courts may appoint:

(1) a director of domestic relations counseling; or

(2) at least one (1) counselor under this chapter or under IC 31-12-1.

     (b) A counselor described in subsection (a)(2) or the organization led by the director described in subsection (a)(1) is designated as a domestic relations counseling bureau.

As added by P.L.80-2006, SEC.2.

 

IC 31-12-2Chapter 2. Establishment of Domestic Relations Counseling Bureau in Certain Counties; Provision of Counseling Services
           31-12-2-1Application of law
           31-12-2-2Creation
           31-12-2-3Order compelling party to cooperate in counseling services
           31-12-2-4Actions and proceedings in which counseling services shall be provided; referrals
           31-12-2-5Appointment of referees, counselors, assistants, clerks, and other personnel; compensation; expenses
           31-12-2-6Duties of bureau
           31-12-2-7Counseling service not condonation of acts constituting grounds for divorce or dissolution of marriage
           31-12-2-8Private counseling proceedings; confidential communications
           31-12-2-9Majority decision of judges
           31-12-2-10Rules; special orders
           31-12-2-11Gifts and donations
           31-12-2-12Incorporation of records and property of marriage counseling service into bureau's service

 

IC 31-12-2-1Application of law

     Sec. 1. This chapter applies only to the following:

(1) A judicial circuit in which there is located a consolidated city and the judges of the superior court and the judge of the circuit court determine that the social conditions in the county and the number of domestic relations cases in the courts make the procedures provided under this chapter necessary for the full and proper consideration of the cases and the effectuation of the purposes of this chapter.

(2) A county having a population of more than four hundred thousand (400,000) but less than seven hundred thousand (700,000) in which the judge of the circuit court determines that the social conditions in the county and the number of domestic relations cases in the county's courts make the procedures provided under this chapter necessary for the full and proper consideration of the cases and the effectuation of the purposes of this chapter.

[Pre-1997 Recodification Citation: 31-1-24-1.]

As added by P.L.1-1997, SEC.4.

 

IC 31-12-2-2Creation

     Sec. 2. For:

(1) any judicial circuit in which there is located a consolidated city, the judges described in section 1(1) of this chapter may establish a bureau of the courts; and

(2) a county having a population of more than four hundred thousand (400,000) but less than seven hundred thousand (700,000), the judge of the circuit court may establish a bureau of the court;

known as the "Domestic Relations Counseling Bureau".

[Pre-1997 Recodification Citation: 31-1-24-2.]

As added by P.L.1-1997, SEC.4.

 

IC 31-12-2-3Order compelling party to cooperate in counseling services

     Sec. 3. A judge may order either or both parties in a domestic relations proceeding to:

(1) report to the domestic relations bureau;

(2) cooperate in counseling; and

(3) furnish the counselor with pertinent information in a party's knowledge.

[Pre-1997 Recodification Citation: 31-1-24-5 part.]

As added by P.L.1-1997, SEC.4.

 

IC 31-12-2-4Actions and proceedings in which counseling services shall be provided; referrals

     Sec. 4. (a) A domestic relations counseling bureau shall provide counseling service to the parties in separation, dissolution, or annulment actions, including enforcement, modification, and post-decree proceedings that are:

(1) filed in a court; and

(2) referred to the bureau by a judge with the intent to assist in a reconciliation of the parties, in the care and treatment of children, if any, and in the possible solution of any marriage problems or issues in a proceeding, in promotion of the general welfare.

     (b) The bureau may receive cases referred to the bureau by attorneys at law, the ministry, or other agencies before a divorce action is filed, and counsel other married couples who seek the bureau's services of their own volition.

[Pre-1997 Recodification Citation: 31-1-24-3.]

As added by P.L.1-1997, SEC.4.

 

IC 31-12-2-5Appointment of referees, counselors, assistants, clerks, and other personnel; compensation; expenses

     Sec. 5. (a) The judges described in section 1(1) of this chapter and the judge described in section 1(2) of this chapter may appoint:

(1) one (1) or more professionally qualified domestic relations referees, counselors, and other necessary personnel, including a full-time director; and

(2) necessary assistants and clerks;

to serve during the pleasure of the appointing judge to staff the domestic relations counseling bureau.

     (b) The appointing judge shall fix the compensation and expenses of the personnel appointed under this chapter, which shall be paid out of the county general fund.

[Pre-1997 Recodification Citation: 31-1-24-4.]

As added by P.L.1-1997, SEC.4.

 

IC 31-12-2-6Duties of bureau

     Sec. 6. The domestic relations counseling bureau shall perform the following duties in domestic relations cases and such other duties as the judges described in section 1(1) of this chapter, the judge described in section 1(2) of this chapter, or a magistrate assigns to the domestic relations counseling bureau:

(1) The domestic relations counseling bureau shall promptly receive all requests for counseling services for the purpose of disposing of the requests under this chapter.

(2) Whenever a proceeding is initiated and either party requests counseling or mediation, the domestic relations counseling bureau shall, in the bureau's discretion, interview and counsel each party or confer with both parties jointly for the purpose of reconciling the differences between the parties and making recommendations to the judge of any court upon referral.

(3) In each case assigned to the bureau in which the custody, support, or welfare of a child is involved, to protect and conserve the interest of the child, the domestic relations counseling bureau shall investigate and report upon:

(A) the status and condition of the parties to the cause;

(B) the status and condition of the child;

(C) the provisions made or to be made for the protection of the welfare of the child; and

(D) any other matter pertaining to the marriage that may affect the welfare of the child.

(4) Upon order of the judges described in section 1(1) of this chapter or the judge described in section 1(2) of this chapter, the domestic relations counseling bureau shall:

(A) make post-divorce studies of problems arising in connection with child custody, support, and parenting time;

(B) provide assistance to the parties in the enforcement of support orders; and

(C) cause reports to be made and statistics to be compiled, which records and reports shall be kept as the judges described in section 1(1) of this chapter or the judge described in section 1(2) of this chapter directs.

(5) The domestic relations counseling bureau shall provide supervision in connection with referred cases or other cases as the judges described in section 1(1) of this chapter or the judge described in section 1(2) of this chapter may order.

[Pre-1997 Recodification Citation: 31-1-24-5 part.]

As added by P.L.1-1997, SEC.4. Amended by P.L.68-2005, SEC.10.

 

IC 31-12-2-7Counseling service not condonation of acts constituting grounds for divorce or dissolution of marriage

     Sec. 7. The:

(1) use of counseling service provided under this chapter; and

(2) action taken that has been recommended by the domestic relations counselor;

is not condonation on the part of either spouse of acts that may constitute grounds for divorce or dissolution of the marriage.

[Pre-1997 Recodification Citation: 31-1-24-6.]

As added by P.L.1-1997, SEC.4.

 

IC 31-12-2-8Private counseling proceedings; confidential communications

     Sec. 8. (a) All counseling:

(1) proceedings;

(2) interviews; and

(3) conferences;

shall be held in private.

     (b) All communications, verbal or written, and any record made as a result of the communications from the parties to the judge, the domestic relations counselor, or other person designated or recommended under this chapter in a counseling or conciliation proceeding:

(1) are considered to be made in confidence; and

(2) are not admissible and may not be used for any purpose in:

(A) any divorce or dissolution of marriage hearing; or

(B) any other proceeding.

[Pre-1997 Recodification Citation: 31-1-24-7.]

As added by P.L.1-1997, SEC.4.

 

IC 31-12-2-9Majority decision of judges

     Sec. 9. The judges in carrying out this chapter must act by a majority of all their number.

[Pre-1997 Recodification Citation: 31-1-24-8 part.]

As added by P.L.1-1997, SEC.4.

 

IC 31-12-2-10Rules; special orders

     Sec. 10. The judges described in section 1(1) of this chapter and the judge described in section 1(2) of this chapter shall establish uniform rules if applicable and may make special orders and rules as necessary.

[Pre-1997 Recodification Citation: 31-1-24-8 part.]

As added by P.L.1-1997, SEC.4.

 

IC 31-12-2-11Gifts and donations

     Sec. 11. The domestic relations counseling bureau may receive gifts and donations from private sources under approval of the judges or the judge to supplement the bureau's budget.

[Pre-1997 Recodification Citation: 31-1-24-9 part.]

As added by P.L.1-1997, SEC.4.

 

IC 31-12-2-12Incorporation of records and property of marriage counseling service into bureau's service

     Sec. 12. In a circuit or county that has a marriage counseling service paid for by private money and supervised by a court, the domestic relations counseling bureau may receive all records and property of the existing service and incorporate the records and property into the bureau's service.

[Pre-1997 Recodification Citation: 31-1-24-9 part.]

As added by P.L.1-1997, SEC.4.

 

IC 31-12-3Chapter 3. Family Relations Division of Court
           31-12-3-1Establishment
           31-12-3-2Persons authorized to administer division
           31-12-3-3Services offered by division; conciliation procedures

 

IC 31-12-3-1Establishment

     Sec. 1. Any court that exercises jurisdiction over domestic relations cases may establish a family relations division of the court.

[Pre-1997 Recodification Citation: 31-1-11.5-19 part.]

As added by P.L.1-1997, SEC.4.

 

IC 31-12-3-2Persons authorized to administer division

     Sec. 2. The family relations division may be administered by:

(1) the community mental health center;

(2) a managed care provider (as defined in IC 12-7-2-127(b)); or

(3) any other person approved by the court.

[Pre-1997 Recodification Citation: 31-1-11.5-19 part.]

As added by P.L.1-1997, SEC.4.

 

IC 31-12-3-3Services offered by division; conciliation procedures

     Sec. 3. The family relations division shall offer counseling and related services to persons before the court. Conciliation procedures are governed by IC 31-15-9.

[Pre-1997 Recodification Citation: 31-1-11.5-19 part; part new.]

As added by P.L.1-1997, SEC.4.

 

IC 31-12-4Chapter 4. Domestic Relations Counseling Bureau Fee
           31-12-4-1Fees; domestic relations counseling services
           31-12-4-2Domestic relations counseling bureau fund
           31-12-4-3Gifts and donations

 

IC 31-12-4-1Fees; domestic relations counseling services

     Sec. 1. (a) Upon order of a judge or group of judges described in IC 31-12-1, IC 31-12-1.5, or IC 31-12-2, and in accordance with this chapter, a court that provides domestic relations counseling services may charge a fee for these services.

     (b) In addition to any other domestic relations counseling services ordered by the court, a domestic relations counseling bureau may provide the following domestic relations counseling services:

(1) Screening.

(2) Investigation.

(3) Reporting.

(4) Evaluation.

(5) Counseling.

(6) Mediation.

As added by P.L.80-2006, SEC.3.

 

IC 31-12-4-2Domestic relations counseling bureau fund

     Sec. 2. (a) If a judge or group of judges issues an order under section 1 of this chapter to charge a domestic relations counseling fee, the judge must also adopt by court rule a schedule of fees. The schedule of fees is not effective until approved by the county fiscal body in accordance with this chapter.

     (b) Upon request of a judge or group of judges that issued an order under section 1 of this chapter, the county fiscal body may adopt an ordinance to create a county domestic relations counseling bureau fund to fund the services of a domestic relations court and a domestic relations counseling bureau.

     (c) If the county fiscal body creates a domestic relations counseling bureau fund, any fees collected by the domestic relations counseling bureau shall be deposited in the fund.

     (d) The fund shall be administered by the judge or group of judges who are signatories to the order described in section 1 of this chapter.

     (e) The expenses of administering the fund shall be paid from the money in the fund.

     (f) Any money in the fund at the end of a fiscal year does not revert to the county general fund.

     (g) The county fiscal body may appropriate money from the domestic relations counseling bureau fund to support the domestic relations counseling bureau. However, a county fiscal body may not transfer funds that have been previously appropriated to the budget of the domestic relations counseling bureau as a consequence of an appropriation from the domestic relations counseling bureau fund.

As added by P.L.80-2006, SEC.3.

 

IC 31-12-4-3Gifts and donations

     Sec. 3. With the prior approval of the judge or group of judges described in IC 31-12-1, IC 31-12-1.5, or IC 31-12-2, a domestic relations counseling bureau may receive gifts and donations from a private source to supplement the budget of the domestic relations counseling bureau.

As added by P.L.80-2006, SEC.3.

 

IC 31-13ARTICLE 13. FAMILY LAW: PARENT-CHILD RELATIONSHIP
           Ch. 1.Children of Void or Voidable Marriages
           Ch. 2.Children Born Out of Wedlock
           Ch. 3.Termination of Parent-Child Relationship

 

IC 31-13-1Chapter 1. Children of Void or Voidable Marriages
           31-13-1-1Parties to marriage more closely related than second cousins
           31-13-1-2Bigamous marriages
           31-13-1-3Child of annulled marriage

 

IC 31-13-1-1Parties to marriage more closely related than second cousins

     Sec. 1. If a marriage is void because the parties to the marriage are more closely related than second cousins, the children of the marriage shall be treated as if the children are children of a marriage that is not void.

[Pre-1997 Recodification Citation: 31-7-8-1.]

As added by P.L.1-1997, SEC.5.

 

IC 31-13-1-2Bigamous marriages

     Sec. 2. If:

(1) a marriage is void because either of the parties to the marriage has a living husband or wife; and

(2) either of the parties to the marriage did not reasonably believe that either of the parties had a living husband or wife;

the children of the marriage shall be treated as if the children are children of a marriage that is not void if the children were conceived before the discovery that a party to the marriage had a living husband or wife.

[Pre-1997 Recodification Citation: 31-7-8-2.]

As added by P.L.1-1997, SEC.5.

 

IC 31-13-1-3Child of annulled marriage

     Sec. 3. A child of a marriage that is annulled under IC 31-11-10 (or IC 31-7-7 before its repeal) is considered to be a child of a valid marriage if the child is conceived before the marriage is annulled.

[Pre-1997 Recodification Citation: 31-7-8-5.]

As added by P.L.1-1997, SEC.5.

 

IC 31-13-2Chapter 2. Children Born Out of Wedlock
           31-13-2-1Petition to establish whether child was born in wedlock; notice; hearing; determination; review
           31-13-2-2Finality of determination; subsequent review on petition of defendant less than 18 years of age at time of determination
           31-13-2-3Child of common law marriage consummated before January 2, 1958

 

IC 31-13-2-1Petition to establish whether child was born in wedlock; notice; hearing; determination; review

     Sec. 1. (a) A person interested in establishing whether a child was born in wedlock may file a petition to maintain an action to determine whether the child was born in wedlock. The petition must:

(1) be filed in the circuit or superior court of a county in which either of the parties to the marriage resides;

(2) set forth the facts concerning the child's birth; and

(3) name as defendants in the action all persons interested in the question of whether the child was born in wedlock.

The petitioner shall give the persons described in subdivision (3) notice in accordance with IC 31-16-2-5.

     (b) The court shall hold a hearing on the petition filed under subsection (a) and shall make a determination on the question of whether the child was born in wedlock.

     (c) An appeal of the court's determination under subsection (b) may be taken to the supreme court. An appeal taken under this subsection is governed by the same rules that apply to other civil actions that are appealed.

[Pre-1997 Recodification Citation: 31-7-8-3.]

As added by P.L.1-1997, SEC.5.

 

IC 31-13-2-2Finality of determination; subsequent review on petition of defendant less than 18 years of age at time of determination

     Sec. 2. (a) Except as provided in subsection (b), a final determination made under section 1 of this chapter (or IC 31-7-8-3 before its repeal) is conclusive among the parties to the action and among persons who make claims under parties to the action.

     (b) A defendant who was less than eighteen (18) years of age at the time the determination under section 1 of this chapter (or IC 31-7-8-3 before its repeal) became final may petition the circuit or superior court in which the original action was taken to review the determination. This petition must be filed before the individual becomes nineteen (19) years of age.

[Pre-1997 Recodification Citation: 31-7-8-4.]

As added by P.L.1-1997, SEC.5.

 

IC 31-13-2-3Child of common law marriage consummated before January 2, 1958

     Sec. 3. A child of a common law marriage that was consummated before January 2, 1958, is considered to be a child of a valid marriage.

[Pre-1997 Recodification Citation: 31-7-8-6.]

As added by P.L.1-1997, SEC.5.

 

IC 31-13-3Chapter 3. Termination of Parent-Child Relationship
           31-13-3-1Law governing termination

 

IC 31-13-3-1Law governing termination

     Sec. 1. The termination of a parent-child relationship is governed by IC 31-35.

[1997 Recodification Citation: New.]

As added by P.L.1-1997, SEC.5.

 

IC 31-14ARTICLE 14. FAMILY LAW: ESTABLISHMENT OF PATERNITY
           Ch. 1.General Provisions
           Ch. 1.5.Security to Secure Child Support, Custody, and Parenting Time Rights
           Ch. 2.Methods of Establishing Paternity
           Ch. 3.Rules of Procedure in Paternity Actions
           Ch. 4.Parties Entitled to File Paternity Action
           Ch. 5.Filing of Paternity Action; Limitations
           Ch. 6.Blood Testing in Paternity Actions
           Ch. 7.Presumption of Paternity
           Ch. 8.Paternity Hearing
           Ch. 9.Record of Paternity Determination
           Ch. 10.Hearing to Determine Support, Custody, and Parenting Time Following Determination of Paternity
           Ch. 11.Support Following Determination of Paternity
           Ch. 12.Repealed
           Ch. 13.Custody Following Determination of Paternity
           Ch. 14.Parenting Time Following Determination of Paternity
           Ch. 15.Temporary Restraining Orders and Permanent Injunctions Against Custodial Parents
           Ch. 16.Protective Orders
           Ch. 17.Expenses of Childbirth
           Ch. 18.Court Costs
           Ch. 19.Paternity Determination by Foreign Jurisdiction
           Ch. 20.Registration With Putative Father Registry
           Ch. 21.Requirements When Adoption Pending for Child Who Is Subject of Paternity Action

 

IC 31-14-1Chapter 1. General Provisions
           31-14-1-1Public policy regarding establishment of paternity
           31-14-1-2Legalization of certain paternity and related orders

 

IC 31-14-1-1Public policy regarding establishment of paternity

     Sec. 1. The general assembly favors the public policy of establishing paternity under this article of a child born out of wedlock.

[Pre-1997 Recodification Citation: 31-6-6.1-1.5.]

As added by P.L.1-1997, SEC.6.

 

IC 31-14-1-2Legalization of certain paternity and related orders

     Sec. 2. A determination of paternity or related order that:

(1) was issued before May 1, 1989;

(2) was issued five (5) or more months after the father's death; and

(3) resulted from a civil proceeding for the establishment of paternity that was filed in accordance with IC 31-6-6.1-6 (before its repeal, now codified at IC 31-14-5 and IC 31-14-11):

(A) during the father's lifetime; or

(B) within five (5) months after the father's death;

is legalized and validated to the same extent as if the determination of paternity or related order had been issued during the father's lifetime or within five (5) months after the father's death.

As added by P.L.220-2011, SEC.494.

 

IC 31-14-1.5Chapter 1.5. Security to Secure Child Support, Custody, and Parenting Time Rights
           31-14-1.5-1Bonds; requirements
           31-14-1.5-2Bonds; form
           31-14-1.5-3Forfeiture; use of proceeds
           31-14-1.5-4Forfeiture; excess proceeds

 

IC 31-14-1.5-1Bonds; requirements

     Sec. 1. A bond required under this article to secure the obligation of child support, enforcement of a custody order, or enforcement of a parenting time order must:

(1) be in writing; and

(2) be secured by:

(A) at least one (1) resident freehold surety; or

(B) a commercial insurance company.

As added by P.L.171-2001, SEC.1. Amended by P.L.68-2005, SEC.11.

 

IC 31-14-1.5-2Bonds; form

     Sec. 2. A bond described in section 1 of this chapter may be prepared in substantially the following form:

STATE OF INDIANA                            )

                                                                ) SS:

COUNTY OF __________________)

                                                                                          )

                                                                                          )

IN THE MATTER OF:

                                                                                          )

                                                                                          )

Name of Parent (As the Principal)

                                                                                          )

Name of Parent (As the Obligee)

                                                                                          )

                                                                                          )

CHILD:

                                                                                          )

Name of Child

                                                                                          )

     KNOW ALL MEN BY THESE PRESENTS, that we _________, as Principal, and _____, as Surety, are held and firmly bound unto _____, as Obligee, in the penal sum of ____ Dollars ($____), for the payment of which well and truly to be made we hereby bind ourselves and our heirs, administrators, successors, and assigns, jointly and severally, firmly by these presents.

     WHEREAS, an Order was duly made and entered by the above Court in the State of Indiana, County of ____, dated ____, defining custody, parenting time, and support rights regarding the named children.

     NOW THEREFORE, the conditions of this obligation are such that:

     1.        No right of action on this bond shall be granted for the use or benefit of any individual, partnership, corporation, or other entity, other than the named Obligee.

     2.        It is agreed that neither this bond nor the obligation of this bond, nor any interest in this bond, may be assigned without the prior express written consent of the Surety.

     3.        Payment under this bond shall be conditioned upon the Obligee's, or the representative of the Obligee's, filing a motion with the court seeking a declaration of forfeiture of the bond and the Court's finding and entry of a final judgment ordering the Principal and Surety to make such payment. A certified copy of the filing shall be provided to the Surety at its address of record. The Surety shall make payment within thirty (30) days of receiving notification of the final judgment directly to a Trustee appointed by the Court who shall administer the funds in a fiduciary capacity.

     4.        The Surety shall not be liable hereunder for any amount larger than the face amount of this bond.

     5.        This bond and the obligation hereunder shall terminate and be of no further effect if the Court order requiring it is modified in any way without the Surety's consent, the Court order expires, or this cause is removed to another jurisdiction.

     6.        The Surety may file a motion with the Court for discharge of this bond and its obligation hereunder for any good cause. Good cause includes, but is not limited to, misrepresentation or fraud in the initial application for this bond, nonpayment of premium, loss of collateral, or resignation of the Indemnitor. The Surety shall give notice of any such motion to the Obligee.

     NOW THEREFORE, if the Principal faithfully complies with the requirements and conditions of the Court Order within the limitations and parameters set forth therein, then this Obligation shall be void, otherwise it shall remain in full force and effect.

     In witness whereof, each party to this bond has caused it to be executed at the place and on the date indicated below.

     Signed, sealed and dated on this ____ day of ____, 20___.

Principal:                                           Surety:

__________________________       ___________________________

(Name and address of Principal)        (Name and address of Surety)

__________________________       ___________________________

(Signature of Principal)                     (Countersigned by attorney-in-fact)

        (Surety seal)

Witness:

As added by P.L.171-2001, SEC.1. Amended by P.L.68-2005, SEC.12.

 

IC 31-14-1.5-3Forfeiture; use of proceeds

     Sec. 3. Upon forfeiture, the proceeds of the security, a bond, or other guarantee ordered to secure the obligation of child support, enforcement of a custody order, or enforcement of a parenting time order under this article may only be used to:

(1) reimburse the nonviolating party for actual costs or damages incurred in upholding the court's order;

(2) locate and return the child to the residence as set forth in the court's order, if the security, bond, or guarantee covers custody or parenting time, or both; or

(3) reimburse reasonable fees and court costs to the court appointed trustee.

As added by P.L.171-2001, SEC.1. Amended by P.L.68-2005, SEC.13.

 

IC 31-14-1.5-4Forfeiture; excess proceeds

     Sec. 4. Upon forfeiture, the proceeds of the security, a bond, or other guarantee ordered to secure the obligation of child support, enforcement of a custody order, or enforcement of a parenting time order under this article that are not applied to the expenses described in section 3 of this chapter must be applied toward:

(1) the child's postsecondary education; or

(2) the support and maintenance of the child.

As added by P.L.171-2001, SEC.1. Amended by P.L.68-2005, SEC.14; P.L.2-2007, SEC.357.

 

IC 31-14-2Chapter 2. Methods of Establishing Paternity
           31-14-2-1Exclusive methods of establishing paternity

 

IC 31-14-2-1Exclusive methods of establishing paternity

     Sec. 1. A man's paternity may only be established:

(1) in an action under this article; or

(2) by executing a paternity affidavit in accordance with IC 16-37-2-2.1.

[Pre-1997 Recodification Citation: 31-6-6.1-9(b) part.]

As added by P.L.1-1997, SEC.6.

 

IC 31-14-3Chapter 3. Rules of Procedure in Paternity Actions
           31-14-3-1Application of Indiana Rules of Civil Procedure
           31-14-3-2Venue

 

IC 31-14-3-1Application of Indiana Rules of Civil Procedure

     Sec. 1. The Indiana Rules of Civil Procedure apply to paternity actions.

[Pre-1997 Recodification Citation: 31-6-6.1-19.]

As added by P.L.1-1997, SEC.6.

 

IC 31-14-3-2Venue

     Sec. 2. Venue lies in the county in which the child, the mother, or the alleged father resides.

[Pre-1997 Recodification Citation: 31-6-6.1-4.]

As added by P.L.1-1997, SEC.6.

 

IC 31-14-4Chapter 4. Parties Entitled to File Paternity Action
           31-14-4-1Persons permitted to file action
           31-14-4-2Repealed
           31-14-4-3Department or prosecuting attorney permitted to file action

 

IC 31-14-4-1Persons permitted to file action

     Sec. 1. A paternity action may be filed by the following persons:

(1) The mother or expectant mother.

(2) A man alleging that:

(A) he is the child's biological father; or

(B) he is the expectant father of an unborn child.

(3) The mother and a man alleging that he is her child's biological father, filing jointly.

(4) The expectant mother and a man alleging that he is the biological father of her unborn child, filing jointly.

(5) A child.

(6) If paternity of a child has not been established, the department in a child in need of services proceeding.

(7) If the paternity of a child has not been established:

(A) the department; or

(B) a prosecuting attorney operating under an agreement or contract with the department described in IC 31-25-4-13.1.

[Pre-1997 Recodification Citation: 31-6-6.1-2(a) part.]

As added by P.L.1-1997, SEC.6. Amended by P.L.145-2006, SEC.220; P.L.206-2015, SEC.44.

 

IC 31-14-4-2Repealed

[Pre-1997 Recodification Citation: 31-6-6.1-3.]

As added by P.L.1-1997, SEC.6. Amended by P.L.103-1997, SEC.2; P.L.145-2006, SEC.221. Repealed by P.L.206-2015, SEC.45.

 

IC 31-14-4-3Department or prosecuting attorney permitted to file action

     Sec. 3. The department or a prosecuting attorney operating under an agreement or contract described in IC 31-25-4-13.1, may file a paternity action if:

(1) the mother;

(2) the person with whom the child resides; or

(3) the department;

has executed an assignment of support rights under Title IV-D of the federal Social Security Act (42 U.S.C. 651 through 669).

[Pre-1997 Recodification Citation: 31-6-6.1-2(b).]

As added by P.L.1-1997, SEC.6. Amended by P.L.145-2006, SEC.222; P.L.206-2015, SEC.46.

 

IC 31-14-5Chapter 5. Filing of Paternity Action; Limitations
           31-14-5-1Verification of petition; caption
           31-14-5-2Petition by minors and incompetent persons; time for filing petition; tolling of limitations during period of incompetency
           31-14-5-3Time for filing action
           31-14-5-4Action by division or county office of family and children furnishing public assistance; time for filing action
           31-14-5-5Action to be filed during lifetime or within five months of death of alleged father
           31-14-5-6Necessary parties
           31-14-5-7Registration with putative father registry
           31-14-5-8Action not barred by child's death or stillbirth or mother's death
           31-14-5-9Barred from establishing paternity

 

IC 31-14-5-1Verification of petition; caption

     Sec. 1. Each petition in a paternity action must:

(1) be verified; and

(2) be captioned "In the Matter of the Paternity of ________".

[Pre-1997 Recodification Citation: 31-6-6.1-5.]

As added by P.L.1-1997, SEC.6.

 

IC 31-14-5-2Petition by minors and incompetent persons; time for filing petition; tolling of limitations during period of incompetency

     Sec. 2. (a) A person less than eighteen (18) years of age may file a petition if the person is competent except for the person's age. A person who is otherwise incompetent may file a petition through the person's guardian, guardian ad litem, or next friend.

     (b) Except as provided in subsection (c), a child may file a paternity petition at any time before the child reaches twenty (20) years of age.

     (c) If a child is incompetent on the child's eighteenth birthday, the child may file a petition not later than two (2) years after the child becomes competent.

[Pre-1997 Recodification Citations: 31-6-6.1-2(a) part; 31-6-6.1-6(b).]

As added by P.L.1-1997, SEC.6.

 

IC 31-14-5-3Time for filing action

     Sec. 3. (a) This section does not apply to an action filed by the department or its agents under section 4 of this chapter (or IC 31-6-6.1-6(c) before its repeal).

     (b) The mother, a man alleging to be the child's father, or the department or its agents must file a paternity action not later than two (2) years after the child is born, unless:

(1) both the mother and the alleged father waive the limitation on actions and file jointly;

(2) support has been furnished by the alleged father or by a person acting on his behalf, either voluntarily or under an agreement with:

(A) the mother;

(B) a person acting on the mother's behalf; or

(C) a person acting on the child's behalf;

(3) the mother, the department, or a prosecuting attorney operating under an agreement or contract described in IC 31-25-4-13.1 files a petition after the alleged father has acknowledged in writing that he is the child's biological father;

(4) the alleged father files a petition after the mother has acknowledged in writing that he is the child's biological father;

(5) the petitioner was incompetent at the time the child was born; or

(6) a responding party cannot be served with summons during the two (2) year period.

     (c) If any of the conditions described in subsection (b) exist, the paternity petition must be filed not later than two (2) years after the condition described in subsection (b) ceases to exist.

[Pre-1997 Recodification Citation: 31-6-6.1-6(a).]

As added by P.L.1-1997, SEC.6. Amended by P.L.145-2006, SEC.223; P.L.206-2015, SEC.47.

 

IC 31-14-5-4Action by division or county office of family and children furnishing public assistance; time for filing action

     Sec. 4. If:

(1) public assistance has been furnished for the child by the division of family resources; and

(2) an assignment of support rights under Title IV-D of the federal Social Security Act (42 U.S.C. 651 through 669) has been executed on behalf of the child;

the division of family resources or the county office of family and children may file an action before the child becomes nineteen (19) years of age or graduates from high school, whichever occurs first.

[Pre-1997 Recodification Citation: 31-6-6.1-6(c).]

As added by P.L.1-1997, SEC.6. Amended by P.L.145-2006, SEC.224.

 

IC 31-14-5-5Action to be filed during lifetime or within five months of death of alleged father

     Sec. 5. Notwithstanding any other provision of this chapter, an action must be filed:

(1) during the lifetime of the alleged father; or

(2) not later than five (5) months after his death.

[Pre-1997 Recodification Citation: 31-6-6.1-6(d).]

As added by P.L.1-1997, SEC.6.

 

IC 31-14-5-6Necessary parties

     Sec. 6. The child, the child's mother, and each person alleged to be the father are necessary parties to each action.

[Pre-1997 Recodification Citation: 31-6-6.1-2(c).]

As added by P.L.1-1997, SEC.6.

 

IC 31-14-5-7Registration with putative father registry

     Sec. 7. A man who files or is a party to a paternity action shall register with the putative father registry under IC 31-19-5.

[1997 Recodification Citation: New.]

As added by P.L.1-1997, SEC.6.

 

IC 31-14-5-8Action not barred by child's death or stillbirth or mother's death

     Sec. 8. An action not otherwise barred is not barred by:

(1) the death or stillbirth of the child; or

(2) the death of the mother.

[Pre-1997 Recodification Citation: 31-6-6.1-6(g).]

As added by P.L.1-1997, SEC.6.

 

IC 31-14-5-9Barred from establishing paternity

     Sec. 9. A man who is barred under IC 31-19 from establishing paternity may not establish paternity by:

(1) filing a paternity action as next friend of a child; or

(2) requesting a prosecuting attorney to file a paternity action.

As added by P.L.21-2010, SEC.1.

 

IC 31-14-6Chapter 6. Blood Testing in Paternity Actions
           31-14-6-0.1Effect of certain amendments to chapter on certain court orders
           31-14-6-1Blood or genetic testing
           31-14-6-2Objections and admissibility
           31-14-6-3Test results; effect; admissibility
           31-14-6-4Costs of blood or genetic testing
           31-14-6-5Chain of custody of blood or genetic specimens taken for testing

 

IC 31-14-6-0.1Effect of certain amendments to chapter on certain court orders

     Sec. 0.1. The amendments made to section 4 of this chapter by P.L.44-2003 do not negate a court order entered before July 1, 2003, requiring an individual found to be the biological father of a child to reimburse the state or a political subdivision for the costs of genetic testing.

As added by P.L.220-2011, SEC.495.

 

IC 31-14-6-1Blood or genetic testing

     Sec. 1. Upon the motion of any party, the court shall order all of the parties to a paternity action to undergo blood or genetic testing. A qualified expert approved by the court shall perform the tests.

[Pre-1997 Recodification Citation: 31-6-6.1-8(a).]

As added by P.L.1-1997, SEC.6.

 

IC 31-14-6-2Objections and admissibility

     Sec. 2. A party may object to the admissibility of genetic test results obtained under section 1 of this chapter (or IC 31-6-6.1-8(a) before its repeal) if the party files a written objection at least thirty (30) days before a scheduled hearing at which the test results may be offered as evidence. If a party does not file an objection under this section (or IC 31-6-6.1-8(b) before its repeal), the test results are admissible as evidence of paternity without the necessity of:

(1) foundation testimony; or

(2) other proof;

regarding the accuracy of the test results.

[Pre-1997 Recodification Citation: 31-6-6.1-8(b).]

As added by P.L.1-1997, SEC.6.

 

IC 31-14-6-3Test results; effect; admissibility

     Sec. 3. The results of the tests and the finding of the expert:

(1) constitute conclusive evidence if the results and finding exclude a party as the biological father of the child; and

(2) are admissible in all paternity proceedings, unless the court excludes the results or finding for good cause.

[Pre-1997 Recodification Citation: 31-6-6.1-8(c).]

As added by P.L.1-1997, SEC.6.

 

IC 31-14-6-4Costs of blood or genetic testing

     Sec. 4. If the state or a political subdivision of the state pays the initial costs of blood testing or genetic testing in a paternity action, the state or political subdivision may recover those costs from an individual found to be the biological parent of the child in the action. The court shall determine the manner in which reimbursement for the costs is to be made.

[Pre-1997 Recodification Citation: 31-6-6.1-8(d).]

As added by P.L.1-1997, SEC.6. Amended by P.L.44-2003, SEC.1.

 

IC 31-14-6-5Chain of custody of blood or genetic specimens taken for testing

     Sec. 5. The chain of custody of blood or genetic specimens taken for testing may be established through verified documentation of each change of custody if:

(1) the documentation was made at or around the time of the change of custody;

(2) the documentation was made in the course of a regularly conducted business activity; and

(3) the documentation was made as a regular practice of a business activity.

[Pre-1997 Recodification Citation: 31-6-6.1-8(e).]

As added by P.L.1-1997, SEC.6. Amended by P.L.213-1999, SEC.9.

 

IC 31-14-7Chapter 7. Presumption of Paternity
           31-14-7-1Presumptions; child's biological father
           31-14-7-2Rebuttable presumption; child's biological father
           31-14-7-3Paternity affidavits

 

IC 31-14-7-1Presumptions; child's biological father

     Sec. 1. A man is presumed to be a child's biological father if:

(1) the:

(A) man and the child's biological mother are or have been married to each other; and

(B) child is born during the marriage or not later than three hundred (300) days after the marriage is terminated by death, annulment, or dissolution;

(2) the:

(A) man and the child's biological mother attempted to marry each other by a marriage solemnized in apparent compliance with the law, even though the marriage:

(i) is void under IC 31-11-8-2, IC 31-11-8-3, IC 31-11-8-4, or IC 31-11-8-6; or

(ii) is voidable under IC 31-11-9; and

(B) child is born during the attempted marriage or not later than three hundred (300) days after the attempted marriage is terminated by death, annulment, or dissolution; or

(3) the man undergoes a genetic test that indicates with at least a ninety-nine percent (99%) probability that the man is the child's biological father.

[Pre-1997 Recodification Citation: 31-6-6.1-9(a).]

As added by P.L.1-1997, SEC.6. Amended by P.L.138-2001, SEC.6.

 

IC 31-14-7-2Rebuttable presumption; child's biological father

     Sec. 2. (a) If there is not a presumed biological father under section 1 of this chapter, there is a rebuttable presumption that a man is the child's biological father if, with the consent of the child's mother, the man:

(1) receives the child into the man's home; and

(2) openly holds the child out as the man's biological child.

     (b) The circumstances under this section do not establish the man's paternity. A man's paternity may only be established as described in IC 31-14-2-1.

[Pre-1997 Recodification Citation: 31-6-6.1-9(b) part.]

As added by P.L.1-1997, SEC.6. Amended by P.L.138-2001, SEC.7; P.L.1-2009, SEC.156.

 

IC 31-14-7-3Paternity affidavits

     Sec. 3. A man is a child's legal father if the man executed a paternity affidavit in accordance with IC 16-37-2-2.1 and the paternity affidavit has not been rescinded or set aside under IC 16-37-2-2.1.

As added by P.L.138-2001, SEC.8.

 

IC 31-14-8Chapter 8. Paternity Hearing
           31-14-8-1Finding of paternity without hearing
           31-14-8-2Default order against alleged father failing to appear at hearing
           31-14-8-3Repealed
           31-14-8-4Continuance of final hearing

 

IC 31-14-8-1Finding of paternity without hearing

     Sec. 1. The court may enter a finding that a man is the child's biological father without first holding a hearing on the matter if:

(1) the mother and the alleged father in the paternity issue execute and file with the court a verified written stipulation; or

(2) the parties have filed a joint petition alleging;

that the man is the child's biological father.

[Pre-1997 Recodification Citation: 31-6-6.1-7(c).]

As added by P.L.1-1997, SEC.6.

 

IC 31-14-8-2Default order against alleged father failing to appear at hearing

     Sec. 2. If a man who is the alleged father in a paternity action under this article fails to appear for a hearing relating to the man's paternity, the court shall enter a default order against the man upon a showing that the man received notice of the hearing.

[Pre-1997 Recodification Citation: 31-6-6.1-8.5.]

As added by P.L.1-1997, SEC.6.

 

IC 31-14-8-3Repealed

[Pre-1997 Recodification Citation: 31-6-6.1-7(b).]

As added by P.L.1-1997, SEC.6. Repealed by P.L.257-1997(ss), SEC.40.

 

IC 31-14-8-4Continuance of final hearing

     Sec. 4. Upon the request of any party, the court shall grant a continuance of the final paternity hearing until after the child is born.

[Pre-1997 Recodification Citation: 31-6-6.1-7(a).]

As added by P.L.1-1997, SEC.6.

 

IC 31-14-9Chapter 9. Record of Paternity Determination
           31-14-9-0.5Notice of filing of petition to establish paternity
           31-14-9-1Preparation of record of paternity determination
           31-14-9-2Submission to department

 

IC 31-14-9-0.5Notice of filing of petition to establish paternity

     Sec. 0.5. Upon the filing of a petition to establish paternity, the clerk of the court shall prepare a notice of the filing on a form prescribed and furnished by the state department of health. The notice must include the following:

(1) The name of the child.

(2) The name of the mother of the child.

(3) The name and address of the man alleged or alleging to be the father of the child.

(4) The name of the petitioner.

(5) The date the petition was filed.

(6) The name of the court and cause number.

As added by P.L.58-2009, SEC.3.

 

IC 31-14-9-1Preparation of record of paternity determination

     Sec. 1. Upon a finding that a man is a child's biological father, the clerk of the court shall prepare a record of the paternity determination on a form prescribed and furnished by the state department of health. The record must include the following:

(1) Facts necessary to locate and identify the birth certificate of the child whose paternity has been established.

(2) A notice from the court indicating that the child's paternity has been established in a court proceeding under this article (or IC 31-6-6.1 before its repeal), including identification of the court action and proceedings.

(3) The name and address of the child's father.

[Pre-1997 Recodification Citation: 31-6-6.1-10.5(b).]

As added by P.L.1-1997, SEC.6.

 

IC 31-14-9-2Submission to department

     Sec. 2. (a) Not later than the tenth day of each month, the clerk of the court shall forward to the state department of health the following:

(1) Each record of a paternity determination entered during the preceding month.

(2) Each order entered during the preceding month indicating that a court has set aside a paternity determination.

(3) Any other related reports that the state department of health requires.

     (b) Not later than five (5) days after a petition to establish paternity has been filed, the clerk of the court shall forward to the state department of health a notice required by section 0.5 of this chapter related to the petition to establish paternity.

[Pre-1997 Recodification Citation: 31-6-6.1-10.5(c).]

As added by P.L.1-1997, SEC.6. Amended by P.L.58-2009, SEC.4.

 

IC 31-14-10Chapter 10. Hearing to Determine Support, Custody, and Parenting Time Following Determination of Paternity
           31-14-10-1Hearing to determine support, custody, and parenting time following initial determination of paternity; order to probation officer to prepare report
           31-14-10-2Consultation with probation officer; referral of child for evaluation
           31-14-10-3Findings and orders without hearing

 

IC 31-14-10-1Hearing to determine support, custody, and parenting time following initial determination of paternity; order to probation officer to prepare report

     Sec. 1. Upon finding that a man is the child's biological father, the court shall, in the initial determination, conduct a hearing to determine the issues of support, custody, and parenting time. Upon the request of any party or on the court's own motion, the court may order a probation officer to prepare a report to assist the court in determining these matters.

[Pre-1997 Recodification Citation: 31-6-6.1-10(a).]

As added by P.L.1-1997, SEC.6. Amended by P.L.68-2005, SEC.15; P.L.146-2008, SEC.555.

 

IC 31-14-10-2Consultation with probation officer; referral of child for evaluation

     Sec. 2. The probation officer may do the following:

(1) Consult with any person who may have information about the child and the child's potential custodial arrangements.

(2) Upon approval of the court, refer the child for professional diagnosis and evaluation.

(3) Without consent from the child's parent or guardian, consult with and obtain information concerning the child from:

(A) medical;

(B) psychiatric;

(C) psychological; or

(D) other;

persons who have knowledge of the child.

[Pre-1997 Recodification Citation: 31-6-6.1-10(b).]

As added by P.L.1-1997, SEC.6. Amended by P.L.146-2008, SEC.556.

 

IC 31-14-10-3Findings and orders without hearing

     Sec. 3. The court may make findings and orders without holding the hearing required by section 1 of this chapter if:

(1) the mother and the alleged father execute and file with the court a verified written stipulation; or

(2) the parties have filed a joint petition;

resolving the issues of custody, child support, and parenting time. The court shall incorporate provisions of the written stipulation or joint petition into orders entered under this section.

[Pre-1997 Recodification Citation: 31-6-6.1-10(c).]

As added by P.L.1-1997, SEC.6. Amended by P.L.68-2005, SEC.16.

 

IC 31-14-11Chapter 11. Support Following Determination of Paternity
           31-14-11-0.2Application of certain amendments to prior law
           31-14-11-1Issuance of paternity and child support order upon execution of paternity affidavit
           31-14-11-1.1Temporary order for child support
           31-14-11-2Child support order
           31-14-11-2.3Child support order subject to provisions
           31-14-11-2.5Repealed
           31-14-11-3Repealed
           31-14-11-4Repealed
           31-14-11-5Date for support obligation to begin
           31-14-11-6Repealed
           31-14-11-7Repealed
           31-14-11-8Repealed
           31-14-11-9Repealed
           31-14-11-10Repealed
           31-14-11-11Repealed
           31-14-11-12Repealed
           31-14-11-13Repealed
           31-14-11-14Repealed
           31-14-11-15Repealed
           31-14-11-16Repealed
           31-14-11-17Repealed
           31-14-11-18Repealed
           31-14-11-19Repealed
           31-14-11-20Repealed
           31-14-11-21Repealed
           31-14-11-22Repealed
           31-14-11-23Termination of child support obligation; fraud or mistake of fact
           31-14-11-24Repealed

 

IC 31-14-11-0.2Application of certain amendments to prior law

     Sec. 0.2. The amendments made to IC 31-6-6.1-13 by P.L.155-1990 (before its repeal, now codified in this chapter) apply only to a support order issued after June 30, 1990.

As added by P.L.220-2011, SEC.496.

 

IC 31-14-11-1Issuance of paternity and child support order upon execution of paternity affidavit

     Sec. 1. If:

(1) a paternity affidavit is executed under IC 16-37-2-2.1; and

(2) the man who executed the paternity affidavit fails to set forth evidence at a child support hearing that rebuts the man's paternity;

an order establishing paternity and child support for the child named in the paternity affidavit may be obtained at a child support hearing without any further proceedings to establish the child's paternity.

[Pre-1997 Recodification Citation: 31-6-6.1-9.5.]

As added by P.L.1-1997, SEC.6.

 

IC 31-14-11-1.1Temporary order for child support

     Sec. 1.1. In a paternity proceeding, the court shall issue a temporary order for child support if there is clear and convincing evidence that the man involved in the proceeding is the child's biological father.

As added by P.L.257-1997(ss), SEC.39.

 

IC 31-14-11-2Child support order

     Sec. 2. The court may order either or both parents to pay any reasonable amount for child support.

[Pre-1997 Recodification Citation: 31-6-6.1-13(a).]

As added by P.L.1-1997, SEC.6. Amended by P.L.86-2002, SEC.6; P.L.148-2006, SEC.8; P.L.80-2010, SEC.22; P.L.207-2013, SEC.19.

 

IC 31-14-11-2.3Child support order subject to provisions

     Sec. 2.3. A child support order issued under this chapter is subject to the provisions in IC 31-16-6 through IC 31-16-13.

As added by P.L.207-2013, SEC.20.

 

IC 31-14-11-2.5Repealed

As added by P.L.210-2011, SEC.3. Repealed by P.L.207-2013, SEC.21.

 

IC 31-14-11-3Repealed

[Pre-1997 Recodification Citation: 31-6-6.1-13(b).]

As added by P.L.1-1997, SEC.6. Amended by P.L.86-2002, SEC.7; P.L.80-2010, SEC.23. Repealed by P.L.207-2013, SEC.22.

 

IC 31-14-11-4Repealed

[Pre-1997 Recodification Citation: 31-6-6.1-13(c).]

As added by P.L.1-1997, SEC.6. Amended by P.L.2-2007, SEC.358. Repealed by P.L.207-2013, SEC.23.

 

IC 31-14-11-5Date for support obligation to begin

     Sec. 5. The support order:

(1) may include the period dating from the birth of the child; and

(2) must include the period dating from the filing of the paternity action.

[Pre-1997 Recodification Citation: 31-6-6.1-13(h).]

As added by P.L.1-1997, SEC.6.

 

IC 31-14-11-6Repealed

[Pre-1997 Recodification Citation: 31-6-6.1-13(e).]

As added by P.L.1-1997, SEC.6. Repealed by P.L.207-2013, SEC.24.

 

IC 31-14-11-7Repealed

[Pre-1997 Recodification Citation: 31-6-6.1-14.]

As added by P.L.1-1997, SEC.6. Amended by P.L.171-2001, SEC.2. Repealed by P.L.207-2013, SEC.25.

 

IC 31-14-11-8Repealed

[Pre-1997 Recodification Citation: 31-6-6.1-13(g).]

As added by P.L.1-1997, SEC.6. Repealed by P.L.207-2013, SEC.26.

 

IC 31-14-11-9Repealed

[Pre-1997 Recodification Citation: 31-6-6.1-15(a).]

As added by P.L.1-1997, SEC.6. Amended by P.L.148-2006, SEC.9. Repealed by P.L.207-2013, SEC.27.

 

IC 31-14-11-10Repealed

[Pre-1997 Recodification Citation: 31-6-6.1-15(b).]

As added by P.L.1-1997, SEC.6. Repealed by P.L.207-2013, SEC.28.

 

IC 31-14-11-11Repealed

[Pre-1997 Recodification Citation: 31-6-6.1-16(a).]

As added by P.L.1-1997, SEC.6. Amended by P.L.257-1997(ss), SEC.36; P.L.145-2006, SEC.225; P.L.148-2006, SEC.10; P.L.3-2008, SEC.229. Repealed by P.L.207-2013, SEC.29.

 

IC 31-14-11-12Repealed

[Pre-1997 Recodification Citation: 31-6-6.1-16(b).]

As added by P.L.1-1997, SEC.6. Amended by P.L.257-1997(ss), SEC.37; P.L.128-2012, SEC.32. Repealed by P.L.207-2013, SEC.30; P.L.205-2013, SEC.356.

 

IC 31-14-11-13Repealed

[Pre-1997 Recodification Citation: 31-6-6.1-16(c).]

As added by P.L.1-1997, SEC.6. Amended by P.L.128-2012, SEC.33. Repealed by P.L.207-2013, SEC.31.

 

IC 31-14-11-14Repealed

[Pre-1997 Recodification Citation: 31-6-6.1-16(e).]

As added by P.L.1-1997, SEC.6. Amended by P.L.138-2001, SEC.9; P.L.80-2010, SEC.24; P.L.128-2012, SEC.34. Repealed by P.L.207-2013, SEC.32.

 

IC 31-14-11-15Repealed

[Pre-1997 Recodification Citation: 31-6-6.1-16(d).]

As added by P.L.1-1997, SEC.6. Amended by P.L.213-1999, SEC.10; P.L.148-2006, SEC.11; P.L.1-2007, SEC.191; P.L.3-2008, SEC.230; P.L.1-2009, SEC.157. Repealed by P.L.207-2013, SEC.33.

 

IC 31-14-11-16Repealed

[Pre-1997 Recodification Citation: 31-6-6.1-16(g).]

As added by P.L.1-1997, SEC.6. Repealed by P.L.207-2013, SEC.34.

 

IC 31-14-11-17Repealed

[Pre-1997 Recodification Citation: 31-6-6.1-13(d).]

As added by P.L.1-1997, SEC.6. Repealed by P.L.207-2013, SEC.35.

 

IC 31-14-11-18Repealed

[Pre-1997 Recodification Citation: 31-6-6.1-13(f).]

As added by P.L.1-1997, SEC.6. Amended by P.L.111-2012, SEC.1. Repealed by P.L.207-2013, SEC.36.

 

IC 31-14-11-19Repealed

[Pre-1997 Recodification Citation: 31-6-6.1-6(e) part.]

As added by P.L.1-1997, SEC.6. Repealed by P.L.207-2013, SEC.37.

 

IC 31-14-11-20Repealed

[Pre-1997 Recodification Citation: 31-6-6.1-6(e) part.]

As added by P.L.1-1997, SEC.6. Repealed by P.L.207-2013, SEC.38.

 

IC 31-14-11-21Repealed

[Pre-1997 Recodification Citation: 31-6-6.1-6(f).]

As added by P.L.1-1997, SEC.6. Repealed by P.L.207-2013, SEC.39.

 

IC 31-14-11-22Repealed

[Pre-1997 Recodification Citation: 31-6-6.1-13(i).]

As added by P.L.1-1997, SEC.6. Repealed by P.L.207-2013, SEC.40.

 

IC 31-14-11-23Termination of child support obligation; fraud or mistake of fact

     Sec. 23. If a court vacates or has vacated a man's paternity of a child based on fraud or mistake of fact, the man's child support obligation, including any arrearage, terminates.

[Pre-1997 Recodification Citation: 31-6-6.1-21.]

As added by P.L.1-1997, SEC.6.

 

IC 31-14-11-24Repealed

[Pre-1997 Recodification Citation: 31-6-6.1-16(f).]

As added by P.L.1-1997, SEC.6. Repealed by P.L.207-2013, SEC.41.

 

IC 31-14-12Chapter 12. Repealed

[Pre-1997 Recodification Citations:

31-14-12-1            formerly 31-6-6.1-15.5

31-14-12-2            formerly 31-6-6.1-16(h)

31-14-12-3            formerly 31-6-6.1-16(i)

31-14-12-4            formerly 31-6-6.1-16(j)

31-14-12-5            formerly 31-6-6.1-16(k)

31-14-12-6            formerly 31-6-6.1-16(l)

31-14-12-7            formerly 31-6-6.1-16(m)

31-14-12-8            formerly 31-6-6.1-16(n)

31-14-12-9            formerly 31-6-6.1-16(o).]

Repealed by P.L.207-2013, SEC.42.

 

IC 31-14-13Chapter 13. Custody Following Determination of Paternity
           31-14-13-1Sole legal custody in biological mother; exceptions
           31-14-13-2Factors of custody determination
           31-14-13-2.3Joint legal custody; finding required for award; factors considered in making award
           31-14-13-2.5Consideration of de facto custodian factors
           31-14-13-3Interview of child in chambers
           31-14-13-4Authority of custodial parent to determine child's upbringing
           31-14-13-5Supervision of placement
           31-14-13-6Modification of child custody order
           31-14-13-6.1Delegation of parenting time during deployment; automatically terminates upon return
           31-14-13-6.2Military duties, expedited hearing; allow evidence by electronic means
           31-14-13-6.3Parent's active duty service not a factor; temporary modification of custody
           31-14-13-6.5Security, bond, or guarantee
           31-14-13-6.7Security, bond, or guarantee; determinations
           31-14-13-7Determination; factors considered
           31-14-13-8Custody modification proceeding; violation of injunction or temporary restraining order as factor
           31-14-13-9Custody modification proceeding; admissible evidence
           31-14-13-10Notice of intent to move residence
           31-14-13-11Notice of passport application for child
           31-14-13-12Submissions to the court; court requests for information

 

IC 31-14-13-1Sole legal custody in biological mother; exceptions

     Sec. 1. A biological mother of a child born out of wedlock has sole legal custody of the child, except as provided in IC 16-37-2-2.1, and unless a statute or court order provides otherwise under the following:

(1) IC 12-26 (involuntary commitment of a child).

(2) IC 29-3 (guardianship and protective proceedings under the probate code).

(3) IC 31-14 (custody of a child born outside of a marriage).

(4) IC 31-34 (child in need of services).

(5) IC 31-37 (delinquent child).

(6) IC 35-46 (offenses against the family).

(7) IC 35-50 (criminal sentences).

(8) An order by a court that has jurisdiction over the child.

[Pre-1997 Recodification Citation: 31-6-6.1-19.5.]

As added by P.L.1-1997, SEC.6. Amended by P.L.25-2010, SEC.2.

 

IC 31-14-13-2Factors of custody determination

     Sec. 2. The court shall determine custody in accordance with the best interests of the child. In determining the child's best interests, there is not a presumption favoring either parent. The court shall consider all relevant factors, including the following:

(1) The age and sex of the child.

(2) The wishes of the child's parents.

(3) The wishes of the child, with more consideration given to the child's wishes if the child is at least fourteen (14) years of age.

(4) The interaction and interrelationship of the child with:

(A) the child's parents;

(B) the child's siblings; and

(C) any other person who may significantly affect the child's best interest.

(5) The child's adjustment to home, school, and community.

(6) The mental and physical health of all individuals involved.

(7) Evidence of a pattern of domestic or family violence by either parent.

(8) Evidence that the child has been cared for by a de facto custodian, and if the evidence is sufficient, the court shall consider the factors described in section 2.5(b) of this chapter.

[Pre-1997 Recodification Citation: 31-6-6.1-11(a) part.]

As added by P.L.1-1997, SEC.6. Amended by P.L.96-1999, SEC.2; P.L.133-2002, SEC.24.

 

IC 31-14-13-2.3Joint legal custody; finding required for award; factors considered in making award

     Sec. 2.3. (a) In a proceeding to which this chapter applies, the court may award legal custody of a child jointly if the court finds that an award of joint legal custody would be in the best interest of the child.

     (b) An award of joint legal custody under this section does not require an equal division of physical custody of the child.

     (c) In determining whether an award of joint legal custody under this section would be in the best interest of the child, the court shall consider it a matter of primary, but not determinative, importance that the persons awarded joint legal custody have agreed to an award of joint legal custody. The court shall also consider:

(1) the fitness and suitability of each of the persons awarded joint legal custody;

(2) whether the persons awarded joint legal custody are willing and able to communicate and cooperate in advancing the child's welfare;

(3) the wishes of the child, with more consideration given to the child's wishes if the child is at least fourteen (14) years of age;

(4) whether the child has established a close and beneficial relationship with both of the persons awarded joint legal custody;

(5) whether the persons awarded joint legal custody:

(A) live in close proximity to each other; and

(B) plan to continue to do so;

(6) the nature of the physical and emotional environment in the home of each of the persons awarded joint legal custody; and

(7) whether there is a pattern of domestic or family violence.

As added by P.L.95-2009, SEC.2.

 

IC 31-14-13-2.5Consideration of de facto custodian factors

     Sec. 2.5. (a) This section applies only if the court finds by clear and convincing evidence that the child has been cared for by a de facto custodian.

     (b) In addition to the factors listed in section 2 of this chapter, the court shall consider the following factors in determining custody:

(1) The wishes of the child's de facto custodian.

(2) The extent to which the child has been cared for, nurtured, and supported by the de facto custodian.

(3) The intent of the child's parent in placing the child with the de facto custodian.

(4) The circumstances under which the child was allowed to remain in the custody of the de facto custodian, including whether the child was placed with the de facto custodian to allow the parent seeking custody to:

(A) seek employment;

(B) work; or

(C) attend school.

     (c) If a court determines that a child is in the custody of a de facto custodian, the court shall make the de facto custodian a party to the proceeding.

     (d) The court shall award custody of the child to the child's de facto custodian if the court determines that it is in the best interests of the child.

     (e) If the court awards custody of the child to the child's de facto custodian, the de facto custodian is considered to have legal custody of the child under Indiana law.

As added by P.L.96-1999, SEC.3.

 

IC 31-14-13-3Interview of child in chambers

     Sec. 3. (a) The court may interview the child in chambers to ascertain the child's wishes.

     (b) The court may permit counsel to be present at the interview.

     (c) If counsel is present at the interview, a record may be made of the interview and made part of the record for purposes of appeal.

[Pre-1997 Recodification Citation: 31-6-6.1-11(d).]

As added by P.L.1-1997, SEC.6.

 

IC 31-14-13-4Authority of custodial parent to determine child's upbringing

     Sec. 4. Except as otherwise provided in an order by a court, the custodial parent may determine the child's upbringing, which includes education, health care, and religious training, unless the court determines that the best interests of the child require a limitation on this authority.

[Pre-1997 Recodification Citation: 31-6-6.1-11(b).]

As added by P.L.1-1997, SEC.6. Amended by P.L.95-2009, SEC.3.

 

IC 31-14-13-5Supervision of placement

     Sec. 5. The court may order the probation department or any licensed child placing agency to supervise the placement to ensure that the custodial or parenting time terms of the decree are carried out if:

(1) both parents or the child request supervision; or

(2) the court finds that without supervision the child's physical health and well-being would be endangered or the child's emotional development would be significantly impaired.

[Pre-1997 Recodification Citation: 31-6-6.1-11(c).]

As added by P.L.1-1997, SEC.6. Amended by P.L.68-2005, SEC.17; P.L.146-2008, SEC.557.

 

IC 31-14-13-6Modification of child custody order

     Sec. 6. The court may not modify a child custody order unless:

(1) modification is in the best interests of the child; and

(2) there is a substantial change in one (1) or more of the factors that the court may consider under section 2 and, if applicable, section 2.5 of this chapter.

[Pre-1997 Recodification Citation: 31-6-6.1-11(e).]

As added by P.L.1-1997, SEC.6. Amended by P.L.96-1999, SEC.4.

 

IC 31-14-13-6.1Delegation of parenting time during deployment; automatically terminates upon return

     Sec. 6.1. (a) Upon the motion of a parent who has received military deployment orders, the court may delegate the parent's parenting time, or a part of the parent's parenting time, during the time the parent is deployed to a person who has a close and substantial relationship with the parent's child if the court finds that delegating the parent's parenting time is in the best interests of the child.

     (b) If a court delegates parenting time under subsection (a), the order delegating parenting time automatically terminates after the parent returns from deployment.

     (c) A court may terminate an order delegating parenting time if the court determines that the delegated parenting time is no longer in the best interests of the child.

As added by P.L.55-2012, SEC.1.

 

IC 31-14-13-6.2Military duties, expedited hearing; allow evidence by electronic means

     Sec. 6.2. (a) Upon a motion of a parent who has received military temporary duty, deployment, or mobilization orders, the court shall hold an expedited hearing to determine or modify the custody of a child or parenting time with a child if the military duties of the parent have a material effect on the parent's ability to appear in person at a regularly scheduled hearing concerning custody or parenting time.

     (b) Upon a motion of a parent who has received military temporary duty, deployment, or mobilization orders, the court shall, with reasonable notice, allow the parent to present testimony and evidence by:

(1) telephone;

(2) video teleconference;

(3) Internet; or

(4) other electronic means approved by the court;

in a custody or parenting time proceeding if the military duties of the parent have a material effect on the parent's ability to appear in person at a regularly scheduled hearing concerning custody or parenting time.

As added by P.L.55-2012, SEC.2.

 

IC 31-14-13-6.3Parent's active duty service not a factor; temporary modification of custody

     Sec. 6.3. (a) A court may not consider a parent's absence or relocation due to active duty service as a factor in determining custody or permanently modifying a child custody order.

     (b) If a court temporarily modifies a custody order due to a parent's active duty service, the order temporarily modifying the custody order terminates automatically not later than ten (10) days after the date the parent notifies the temporary custodian in writing that the parent has returned from active duty service. This subsection does not prevent a court from modifying a child custody order as provided under this article after a parent returns from active duty service.

As added by P.L.80-2010, SEC.28.

 

IC 31-14-13-6.5Security, bond, or guarantee

     Sec. 6.5. The court may provide in:

(1) a custody order; or

(2) a modification of a custody order;

for the security, bond, or other guarantee that is satisfactory to the court to secure enforcement of the custody order.

As added by P.L.171-2001, SEC.3.

 

IC 31-14-13-6.7Security, bond, or guarantee; determinations

     Sec. 6.7. (a) The court shall consider requiring security, a bond, or another guarantee under section 6.5 of this chapter if the court makes a finding under subdivision (1), (2), (4), or (7) by clear and convincing evidence. If the court makes a finding under subdivision (1), (2), (4), or (7), the court shall also consider subdivisions (3), (5), (6), (8), and (9) in determining the amount of security, bond, or other guarantee. In making a determination under this section, the court shall consider the following:

(1) Whether a party has previously taken a child out of Indiana or another state in violation of a custody, parenting time, or visitation order.

(2) Whether a party has previously threatened to take a child out of Indiana or another state in violation of a custody, parenting time, or visitation order.

(3) Whether a party has strong ties to Indiana.

(4) Whether a party:

(A) is a citizen of another country;

(B) has strong emotional or cultural ties to the other country; and

(C) has indicated or threatened to take a child out of Indiana to the other country.

(5) Whether a party has friends or family living outside Indiana.

(6) Whether a party does not have a financial reason to stay in Indiana, such as whether the party is unemployed, able to work anywhere, or is financially independent.

(7) Whether a party has engaged in planning that would facilitate removal from Indiana, such as quitting a job, selling the party's primary residence, terminating a lease, closing an account, liquidating other assets, hiding or destroying documents, applying for a passport, applying for a birth certificate, or applying for school or medical records.

(8) Whether a party has a history of marital instability, a lack of parental cooperation, domestic violence, or child abuse.

(9) Whether a party has a criminal record.

After considering evidence, the court shall issue a written determination of security, bond, or other written guarantee supported by findings of fact and conclusions of law.

     (b) If a motion for change of judge or change of venue is filed, the court may, before a determination of change of judge or change of venue, consider security, bond, or other guarantee under this chapter.

As added by P.L.171-2001, SEC.4. Amended by P.L.68-2005, SEC.18.

 

IC 31-14-13-7Determination; factors considered

     Sec. 7. In making a determination, the court shall consider the factors listed under section 2 of this chapter.

[Pre-1997 Recodification Citation: 31-6-6.1-11(f).]

As added by P.L.1-1997, SEC.6.

 

IC 31-14-13-8Custody modification proceeding; violation of injunction or temporary restraining order as factor

     Sec. 8. An intentional violation by a custodial parent of an injunction or a temporary restraining order issued under IC 31-14-15 (or IC 31-6-6.1-12.1 before its repeal) may be considered a relevant factor under section 2 of this chapter that the court must consider in a proceeding for a custody modification under this chapter.

[Pre-1997 Recodification Citation: 31-6-6.1-12.1(f).]

As added by P.L.1-1997, SEC.6.

 

IC 31-14-13-9Custody modification proceeding; admissible evidence

     Sec. 9. In a proceeding for a custody modification, the court may not hear evidence on a matter occurring before the last custody proceeding between the parties unless the matter relates to a change in the factors relating to the best interests of the child as described in section 2 and, if applicable, section 2.5 of this chapter.

[Pre-1997 Recodification Citation: 31-6-6.1-11(g).]

As added by P.L.1-1997, SEC.6. Amended by P.L.96-1999, SEC.5.

 

IC 31-14-13-10Notice of intent to move residence

     Sec. 10. If an individual who has been awarded custody of or parenting time with a child under this article (or IC 31-6-6.1-11 before its repeal) intends to move the individual's residence, the individual must:

(1) file a notice of that intent with the clerk of the court that issued the custody or parenting time order; and

(2) send a copy of the notice to each nonrelocating individual in accordance with IC 31-17-2.2.

[Pre-1997 Recodification Citation: 31-6-6.1-11(h) part.]

As added by P.L.1-1997, SEC.6. Amended by P.L.50-2006, SEC.6.

 

IC 31-14-13-11Notice of passport application for child

     Sec. 11. (a) If any party to a custody order applies for a passport for the child, the party who applies for the child's passport shall do the following not less than ten (10) days before applying for the child's passport:

(1) File a notice of the passport application with the clerk of the court that issued the custody order.

(2) Send a copy of the notice to the other party.

     (b) The parties may jointly agree in writing to waive the requirements of subsection (a).

[Pre-1997 Recodification Citation: 31-6-6.1-11(i), (j).]

As added by P.L.1-1997, SEC.6. Amended by P.L.96-1999, SEC.6.

 

IC 31-14-13-12Submissions to the court; court requests for information

     Sec. 12. (a) If a person files a petition to establish or modify custody of a child, any person who:

(1) is a party to the custody proceeding; and

(2) has knowledge that:

(A) a party to the custody proceeding has been determined to be a perpetrator of a substantiated report of child abuse or neglect;

(B) the child named in the petition has been the subject of a substantiated report of child abuse or neglect;

(C) the child named in the petition has been determined to be a child in need of services under IC 31-34; or

(D) the child named in the petition has been involved in an informal adjustment under IC 31-34-8;

shall submit to the court in writing under seal that a party to the custody proceeding is a person described in subdivision (2)(A) or the child named in the petition is a child described in subdivision (2)(B), (2)(C), or (2)(D).

     (b) A court reviewing a petition to establish or modify the custody of a child may request information from the department of child services regarding a petition or proceeding described in subsection (a)(2). The department shall provide a response under seal to the court's request for information not later than ten (10) days after the department receives the court's request for the information.

As added by P.L.239-2013, SEC.2.

 

IC 31-14-14Chapter 14. Parenting Time Following Determination of Paternity
           31-14-14-0.2Application of certain amendments to prior law
           31-14-14-1Parenting time rights of noncustodial parent; in chambers interview of child; rebuttable presumption for supervised parenting time
           31-14-14-2Modification or denial of parenting time
           31-14-14-2.5Security, bond, or guarantee
           31-14-14-3Grant or denial of visitation rights to noncustodial parent; effect on visitation rights of grandparent
           31-14-14-4Missed parenting time; noncustodial parent in military
           31-14-14-5Supervised parenting time; conviction of crime involving domestic or family violence; batterer's intervention program
           31-14-14-6Submissions to the court; court requests for information

 

IC 31-14-14-0.2Application of certain amendments to prior law

     Sec. 0.2. The amendments made to IC 31-6-6.1-12 (before its repeal, now codified in this chapter) by P.L.270-1989 apply to adoptions in which a final order is issued by a trial court after May 5, 1989.

As added by P.L.220-2011, SEC.497.

 

IC 31-14-14-1Parenting time rights of noncustodial parent; in chambers interview of child; rebuttable presumption for supervised parenting time

     Sec. 1. (a) A noncustodial parent is entitled to reasonable parenting time rights unless the court finds, after a hearing, that parenting time might:

(1) endanger the child's physical health and well-being; or

(2) significantly impair the child's emotional development.

     (b) The court may interview the child in chambers to assist the court in determining the child's perception of whether parenting time by the noncustodial parent might endanger the child's physical health or significantly impair the child's emotional development.

     (c) In a hearing under subsection (a), there is a rebuttable presumption that a person who has been convicted of:

(1) child molesting (IC 35-42-4-3); or

(2) child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c));

might endanger the child's physical health and well-being or significantly impair the child's emotional development.

     (d) If a court grants parenting time rights to a person who has been convicted of:

(1) child molesting (IC 35-42-4-3); or

(2) child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c));

there is a rebuttable presumption that the parenting time with the child must be supervised.

     (e) The court may permit counsel to be present at the interview. If counsel is present:

(1) a record may be made of the interview; and

(2) the interview may be made part of the record for purposes of appeal.

[Pre-1997 Recodification Citation: 31-6-6.1-12(a).]

As added by P.L.1-1997, SEC.6. Amended by P.L.15-2004, SEC.1; P.L.68-2005, SEC.19; P.L.95-2009, SEC.4; P.L.13-2016, SEC.8.

 

IC 31-14-14-2Modification or denial of parenting time

     Sec. 2. The court may modify an order granting or denying parenting time rights whenever modification would serve the best interests of the child.

[Pre-1997 Recodification Citation: 31-6-6.1-12(b).]

As added by P.L.1-1997, SEC.6. Amended by P.L.68-2005, SEC.20.

 

IC 31-14-14-2.5Security, bond, or guarantee

     Sec. 2.5. The court may provide in:

(1) a parenting time order; or

(2) a modification of a parenting time order;

for the security, bond, or other guarantee that is satisfactory to secure enforcement of the parenting time order.

As added by P.L.171-2001, SEC.5. Amended by P.L.68-2005, SEC.21.

 

IC 31-14-14-3Grant or denial of visitation rights to noncustodial parent; effect on visitation rights of grandparent

     Sec. 3. An order granting or denying visitation rights to a noncustodial parent does not affect visitation rights granted to a grandparent under IC 31-17-5-1 or IC 31-17-5-10 (or IC 31-1-11.7-2 before its repeal).

[Pre-1997 Recodification Citation: 31-6-6.1-12(c).]

As added by P.L.1-1997, SEC.6.

 

IC 31-14-14-4Missed parenting time; noncustodial parent in military

     Sec. 4. A noncustodial parent who misses parenting time as the result of participation in an activity of:

(1) the Indiana National Guard; or

(2) a reserve component of the armed forces of the United States;

may make up the lost parenting time as provided in IC 10-16-7-22.

As added by P.L.103-1997, SEC.3. Amended by P.L.2-2003, SEC.71; P.L.68-2005, SEC.22.

 

IC 31-14-14-5Supervised parenting time; conviction of crime involving domestic or family violence; batterer's intervention program

     Sec. 5. (a) This section applies if a court finds that a noncustodial parent has been convicted of a crime involving domestic or family violence that was witnessed or heard by the noncustodial parent's child.

     (b) There is created a rebuttable presumption that the court shall order that the noncustodial parent's parenting time with the child must be supervised:

(1) for at least one (1) year and not more than two (2) years immediately following the crime involving domestic or family violence; or

(2) until the child becomes emancipated;

whichever occurs first.

     (c) As a condition of granting the noncustodial parent unsupervised parenting time, the court may require the noncustodial parent to complete a batterer's intervention program certified by the Indiana coalition against domestic violence.

As added by P.L.188-1999, SEC.1. Amended by P.L.243-1999, SEC.1; P.L.133-2002, SEC.25; P.L.68-2005, SEC.23; P.L.162-2011, SEC.11.

 

IC 31-14-14-6Submissions to the court; court requests for information

     Sec. 6. (a) If a person files a petition to establish or modify parenting time with a child, any person who:

(1) is a party to the parenting time proceeding; and

(2) has knowledge that:

(A) a party to the parenting time proceeding has been determined to be a perpetrator of a substantiated report of child abuse or neglect;

(B) the child named in the petition has been the subject of a substantiated report of child abuse or neglect;

(C) the child named in the petition has been determined to be a child in need of services under IC 31-34; or

(D) the child named in the petition has been involved in an informal adjustment under IC 31-34-8;

shall submit to the court in writing under seal that a party to the parenting time proceeding is a person described in subdivision (2)(A) or the child named in the petition is a child described in subdivision (2)(B), (2)(C), or (2)(D).

     (b) A court reviewing a petition to establish or modify parenting time may request information from the department of child services regarding a petition or proceeding described in subsection (a)(2). The department shall provide a response under seal to the court's request for information not later than ten (10) days after the department receives the court's request for the information.

As added by P.L.239-2013, SEC.3.

 

IC 31-14-15Chapter 15. Temporary Restraining Orders and Permanent Injunctions Against Custodial Parents
           31-14-15-1Parenting time rights; permanent injunction against custodial parent
           31-14-15-2Parenting time rights; temporary restraining order against custodial parent
           31-14-15-3Security
           31-14-15-4Remedies for contempt
           31-14-15-5Additional remedies

 

IC 31-14-15-1Parenting time rights; permanent injunction against custodial parent

     Sec. 1. A noncustodial parent who:

(1) has been granted parenting time rights with a child who lives with the custodial parent;

(2) regularly pays support ordered by a court for the child; and

(3) is barred by a custodial parent from exercising parenting time rights ordered for the noncustodial parent and the child;

may file, in the court that has jurisdiction over the paternity action, an application for an injunction against the custodial parent under Rule 65 of the Indiana Rules of Trial Procedure.

[Pre-1997 Recodification Citation: 31-6-6.1-12.1(b).]

As added by P.L.1-1997, SEC.6. Amended by P.L.68-2005, SEC.24.

 

IC 31-14-15-2Parenting time rights; temporary restraining order against custodial parent

     Sec. 2. (a) If:

(1) an application for an injunction is filed under this chapter (or IC 31-6-6.1-12.1 before its repeal); and

(2) the noncustodial parent submits an affidavit as described in subsection (b);

the court may grant, without notice, a temporary restraining order restraining the custodial parent from further violation of the parenting time order.

     (b) In the affidavit, the noncustodial parent shall state under penalties for perjury:

(1) that the noncustodial parent has been granted parenting time rights with the child; and

(2) that the noncustodial parent regularly pays the support ordered by a court for the child.

     (c) The court shall hold a hearing upon the restraining order at the earliest convenience of the court.

[Pre-1997 Recodification Citation: 31-6-6.1-12.1(c).]

As added by P.L.1-1997, SEC.6. Amended by P.L.68-2005, SEC.25.

 

IC 31-14-15-3Security

     Sec. 3. (a) This section does not apply to an order under IC 31-14-13-6.5 or IC 31-14-14-2.5.

     (b) A court may not require an applicant for a temporary restraining order or an injunction under this chapter (or IC 31-6-6.1-12.1 before its repeal) to give security.

[Pre-1997 Recodification Citation: 31-6-6.1-12.1(d).]

As added by P.L.1-1997, SEC.6. Amended by P.L.171-2001, SEC.6; P.L.207-2013, SEC.43.

 

IC 31-14-15-4Remedies for contempt

     Sec. 4. A court that finds a violation without justifiable cause by a custodial parent of an injunction or a temporary restraining order issued under this chapter (or IC 31-6-6.1-12.1 before its repeal):

(1) shall find the custodial parent in contempt of court;

(2) shall order the exercise of parenting time that was not exercised due to the violation under this section (or IC 31-6-6.1-12.1(e) before its repeal) at a time the court considers compatible with the schedules of the noncustodial parent and the child;

(3) may order payment by the custodial parent of reasonable attorney's fees, costs, and expenses to the noncustodial parent; and

(4) may order the custodial parent to perform community restitution or service without compensation in a manner specified by the court.

[Pre-1997 Recodification Citation: 31-6-6.1-12.1(e).]

As added by P.L.1-1997, SEC.6. Amended by P.L.32-2000, SEC.17; P.L.68-2005, SEC.26.

 

IC 31-14-15-5Additional remedies

     Sec. 5. The remedies in this chapter are in addition to and do not limit other civil or criminal remedies available to the noncustodial parent.

[Pre-1997 Recodification Citation: 31-6-6.1-12.1(g).]

As added by P.L.1-1997, SEC.6.

 

IC 31-14-16Chapter 16. Protective Orders
           31-14-16-1Protective order; procedure
           31-14-16-2Repealed
           31-14-16-3Repealed
           31-14-16-4Repealed
           31-14-16-5Repealed
           31-14-16-6Repealed
           31-14-16-7Repealed
           31-14-16-8Repealed

 

IC 31-14-16-1Protective order; procedure

     Sec. 1. A parent may request a court to issue a protective order against the other parent to prevent domestic or family violence at any time after a final decree of paternity is issued under this article (or IC 31-6-6.1 before its repeal) if the parties have an unemancipated child. The parent must file a petition under IC 34-26-5 in the court in which the case is pending, and the court may not require the moving party to give security. If the petitioner requests an ex parte protective order, the court shall immediately:

(1) review the request; and

(2) if required, set a hearing;

under IC 34-26-5. The procedure and law for a proceeding under this section are controlled by IC 34-26-5.

[Pre-1997 Recodification Citation: 31-6-6.1-12.5(a).]

As added by P.L.1-1997, SEC.6. Amended by P.L.133-2002, SEC.26; P.L.221-2003, SEC.4.

 

IC 31-14-16-2Repealed

[Pre-1997 Recodification Citation: 31-6-6.1-12.5(b).]

As added by P.L.1-1997, SEC.6. Amended by P.L.171-2001, SEC.7. Repealed by P.L.133-2002, SEC.69.

 

IC 31-14-16-3Repealed

[Pre-1997 Recodification Citation: 31-6-6.1-12.5(c).]

As added by P.L.1-1997, SEC.6. Repealed by P.L.133-2002, SEC.69.

 

IC 31-14-16-4Repealed

[Pre-1997 Recodification Citation: 31-6-6.1-12.5(d) part.]

As added by P.L.1-1997, SEC.6. Repealed by P.L.133-2002, SEC.69.

 

IC 31-14-16-5Repealed

[Pre-1997 Recodification Citation: 31-6-6.1-12.5(d) part.]

As added by P.L.1-1997, SEC.6. Repealed by P.L.133-2002, SEC.69.

 

IC 31-14-16-6Repealed

[Pre-1997 Recodification Citation: 31-6-6.1-12.5(e).]

As added by P.L.1-1997, SEC.6. Repealed by P.L.133-2002, SEC.69.

 

IC 31-14-16-7Repealed

[Pre-1997 Recodification Citation: 31-6-6.1-12.5(f).]

As added by P.L.1-1997, SEC.6. Repealed by P.L.133-2002, SEC.69.

 

IC 31-14-16-8Repealed

[Pre-1997 Recodification Citation: 31-6-6.1-12.5(g).]

As added by P.L.1-1997, SEC.6. Repealed by P.L.133-2002, SEC.69.

 

IC 31-14-17Chapter 17. Expenses of Childbirth
           31-14-17-1Expenses of mother's pregnancy and childbirth

 

IC 31-14-17-1Expenses of mother's pregnancy and childbirth

     Sec. 1. The court shall order the father to pay at least fifty percent (50%) of the reasonable and necessary expenses of the mother's pregnancy and childbirth, including the cost of:

(1) prenatal care;

(2) delivery;

(3) hospitalization; and

(4) postnatal care.

[Pre-1997 Recodification Citation: 31-6-6.1-17.]

As added by P.L.1-1997, SEC.6. Amended by P.L.138-2001, SEC.10.

 

IC 31-14-18Chapter 18. Court Costs
           31-14-18-1Expenses of medical tests
           31-14-18-2Costs of maintaining action and attorney's fees

 

IC 31-14-18-1Expenses of medical tests

     Sec. 1. The court may tax as costs the reasonable expenses of any medical tests authorized under IC 31-14-6 (or IC 31-6-6.1-8 before its repeal).

[Pre-1997 Recodification Citation: 31-6-6.1-18(a).]

As added by P.L.1-1997, SEC.6.

 

IC 31-14-18-2Costs of maintaining action and attorney's fees

     Sec. 2. (a) The court may order a party to pay:

(1) a reasonable amount for the cost to the other party of maintaining an action under this article; and

(2) a reasonable amount for attorney's fees, including amounts for legal services provided and costs incurred, before the commencement of the proceedings or after entry of judgment.

     (b) The court may order the amount to be paid directly to the attorney, who may enforce the order in the attorney's name.

     (c) Except as otherwise provided by law, neither costs nor attorney's fees may be taxed against an agency or the agency's agents that is authorized to maintain proceedings under this article by Title IV-D of the federal Social Security Act (42 U.S.C. 651 through 669) and IC 31-25-4-17.

[Pre-1997 Recodification Citation: 31-6-6.1-18(b), (c).]

As added by P.L.1-1997, SEC.6. Amended by P.L.145-2006, SEC.230.

 

IC 31-14-19Chapter 19. Paternity Determination by Foreign Jurisdiction
           31-14-19-1Full faith and credit to paternity determination by foreign jurisdiction

 

IC 31-14-19-1Full faith and credit to paternity determination by foreign jurisdiction

     Sec. 1. A court or Title IV-D agency shall give full faith and credit to a paternity determination made by another state or foreign jurisdiction regardless of whether the determination is made through:

(1) a voluntary acknowledgment; or

(2) a judicial or an administrative process.

[Pre-1997 Recodification Citation: 31-6-6.1-20.]

As added by P.L.1-1997, SEC.6.

 

IC 31-14-20Chapter 20. Registration With Putative Father Registry
           31-14-20-1Duty to register
           31-14-20-2Failure to register; effect on parental rights in adoption proceedings

 

IC 31-14-20-1Duty to register

     Sec. 1. (a) This section does not apply to a man whose paternity is established under this article (or IC 31-6-6.1 before its repeal) before the filing of a petition to adopt the man's child.

     (b) A man who files or is a party to a paternity action under this article shall register with the putative father registry under IC 31-19-5 within the period provided under IC 31-19-5-12.

[Pre-1997 Recodification Citation: 31-6-6.1-2(d).]

As added by P.L.1-1997, SEC.6.

 

IC 31-14-20-2Failure to register; effect on parental rights in adoption proceedings

     Sec. 2. (a) A man who fails to register with the putative father registry as required by section 1 of this chapter waives the right to notice of an adoption of a child who is the subject of the paternity action:

(1) if the adoption is filed before the man establishes paternity; and

(2) in which the child's mother does not disclose to an attorney or agency arranging the adoption the name or address of the child's putative father.

     (b) A waiver under this section constitutes the man's irrevocably implied consent to the child's adoption.

[Pre-1997 Recodification Citation: 31-6-6.1-2(e).]

As added by P.L.1-1997, SEC.6.

 

IC 31-14-21Chapter 21. Requirements When Adoption Pending for Child Who Is Subject of Paternity Action
           31-14-21-1Applicability of IC 31-14-21-1 through IC 31-14-21-7
           31-14-21-2Nonapplicability of IC 31-14-21-1 through IC 31-14-21-7
           31-14-21-3Putative father's notice of paternity action; notice to attorney or agency in adoption proceedings
           31-14-21-4Putative father's notice of paternity action; notice to clerk having jurisdiction over adoption
           31-14-21-5Content of notice
           31-14-21-6Failure to provide notice; intervention by adoptive parents
           31-14-21-7Failure to provide notice; vacation of paternity determination; intervention by adoptive parents
           31-14-21-8Intervention by adoptive parents; purposes of intervention; objections to errors in paternity proceedings
           31-14-21-9Duty of court with jurisdiction to establish paternity within period prescribed by chapter
           31-14-21-9.1Duty of court to order blood or genetic testing
           31-14-21-9.2Final hearing to determine paternity and ruling
           31-14-21-10Repealed
           31-14-21-11Repealed
           31-14-21-12Repealed
           31-14-21-13Stay proceedings in paternity action

 

IC 31-14-21-1Applicability of IC 31-14-21-1 through IC 31-14-21-7

     Sec. 1. Sections 1 through 7 of this chapter apply if a man who files or is a party to a paternity action under this article (or IC 31-6-6.1 before its repeal) is:

(1) served with notice under:

(A) IC 31-19-3 (or IC 31-3-1-6.4 before its repeal); or

(B) IC 31-19-4-1 through IC 31-19-4-9 (or IC 31-3-1-6.1 before its repeal); or

(2) informed in any other manner;

of a pending or potential adoption of a child who is the subject of the paternity action.

[Pre-1997 Recodification Citation: 31-6-6.1-2.1(a).]

As added by P.L.1-1997, SEC.6.

 

IC 31-14-21-2Nonapplicability of IC 31-14-21-1 through IC 31-14-21-7

     Sec. 2. Sections 1 through 7 of this chapter do not apply to a man whose paternity of a child is established before the filing of a petition to adopt the man's child.

[Pre-1997 Recodification Citation: 31-6-6.1-2.1(b).]

As added by P.L.1-1997, SEC.6.

 

IC 31-14-21-3Putative father's notice of paternity action; notice to attorney or agency in adoption proceedings

     Sec. 3. A putative father shall give notice of the paternity action to an attorney or agency that serves the putative father with notice as described in section 1(1) of this chapter.

[Pre-1997 Recodification Citation: 31-6-6.1-2.1(c).]

As added by P.L.1-1997, SEC.6.

 

IC 31-14-21-4Putative father's notice of paternity action; notice to clerk having jurisdiction over adoption

     Sec. 4. A putative father who has not been served with notice of a paternity action as described in section 1(1) of this chapter but knows:

(1) that an adoption has been filed; and

(2) the court in which the adoption is pending;

shall serve the clerk of the court having jurisdiction over the adoption with notice of the paternity action.

[Pre-1997 Recodification Citation: 31-6-6.1-2.1(d).]

As added by P.L.1-1997, SEC.6.

 

IC 31-14-21-5Content of notice

     Sec. 5. The notice required by sections 3 and 4 of this chapter must include:

(1) the name of the court;

(2) the cause number; and

(3) the date of filing;

of the paternity action.

[Pre-1997 Recodification Citation: 31-6-6.1-2.1(e).]

As added by P.L.1-1997, SEC.6.

 

IC 31-14-21-6Failure to provide notice; intervention by adoptive parents

     Sec. 6. If:

(1) a putative father fails to provide notice under section 3 or 4 of this chapter; and

(2) the prospective adoptive parents file a motion to intervene;

the court with jurisdiction over the paternity action shall allow the prospective adoptive parents to intervene in the paternity action under Rule 24 of the Indiana Rules of Trial Procedure as described in section 8 of this chapter.

[Pre-1997 Recodification Citation: 31-6-6.1-2.1(f).]

As added by P.L.1-1997, SEC.6.

 

IC 31-14-21-7Failure to provide notice; vacation of paternity determination; intervention by adoptive parents

     Sec. 7. If the court has already established the paternity of a father who fails to provide notice under section 3 or 4 of this chapter and the prospective adoptive parents file a motion to intervene, the court shall:

(1) set aside the paternity determination to reinstate the paternity action; and

(2) allow the prospective adoptive parents to intervene as described in section 6 of this chapter.

[Pre-1997 Recodification Citation: 31-6-6.1-2.1(g).]

As added by P.L.1-1997, SEC.6.

 

IC 31-14-21-8Intervention by adoptive parents; purposes of intervention; objections to errors in paternity proceedings

     Sec. 8. (a) If:

(1) an adoption of a child who is the subject of the paternity action is pending; and

(2) the prospective adoptive parents file a motion to intervene;

the court having jurisdiction over the paternity action under this article shall allow the prospective adoptive parents to intervene in the paternity action under Rule 24 of the Indiana Rules of Trial Procedure.

     (b) The prospective adoptive parents may intervene under this section solely for purposes of:

(1) receiving notice of the paternity proceedings; and

(2) attempting to ensure that the putative father's paternity is not established unless the putative father is the child's biological father.

     (c) A prospective adoptive parent may object to any error that occurs during the paternity proceedings.

[Pre-1997 Recodification Citation: 31-6-6.1-2(f).]

As added by P.L.1-1997, SEC.6.

 

IC 31-14-21-9Duty of court with jurisdiction to establish paternity within period prescribed by chapter

     Sec. 9. (a) Except as provided under section 13 of this chapter and subject to IC 31-19-2-14, if a court presiding over a paternity action under this article knows of:

(1) a pending adoption of a child who is the subject of the paternity action; and

(2) the court in which the adoption is pending;

the court having jurisdiction over the paternity action shall establish a child's paternity within the period prescribed by this chapter.

     (b) Except as provided under section 13 of this chapter and subject to IC 31-19-2-14, the court shall conduct an initial hearing not more than thirty (30) days after:

(1) the filing of the paternity petition; or

(2) the birth of the child;

whichever occurs later.

[Pre-1997 Recodification Citation: 31-6-6.1-2.2(a).]

As added by P.L.1-1997, SEC.6. Amended by P.L.200-1999, SEC.3; P.L.61-2003, SEC.1; P.L.58-2009, SEC.5.

 

IC 31-14-21-9.1Duty of court to order blood or genetic testing

     Sec. 9.1. (a) Except as provided under section 13 of this chapter and subject to IC 31-19-2-14, at the initial hearing held under section 9 of this chapter, the court shall order all the parties to the paternity action to undergo blood or genetic testing.

     (b) If the alleged father is unable to pay for the initial costs of the testing, the court shall order that the tests be paid by the state department of health from putative father registry fees collected under IC 31-19-2-8(2). The state department of health may recover costs from an individual found to be the biological father of the child in the action.

As added by P.L.200-1999, SEC.4. Amended by P.L.58-2009, SEC.6.

 

IC 31-14-21-9.2Final hearing to determine paternity and ruling

     Sec. 9.2. Subject to IC 31-19-2-14 and section 13 of this chapter, not later than ninety (90) days after the initial hearing held under section 9 of this chapter, the court shall conduct a final hearing to determine paternity. Not more than fourteen (14) days after the final hearing, the court shall issue its ruling in the paternity action.

As added by P.L.200-1999, SEC.5. Amended by P.L.58-2009, SEC.7.

 

IC 31-14-21-10Repealed

[Pre-1997 Recodification Citation: 31-6-6.1-2.2(b).]

As added by P.L.1-1997, SEC.6. Repealed by P.L.200-1999, SEC.34.

 

IC 31-14-21-11Repealed

[Pre-1997 Recodification Citation: 31-6-6.1-2.2(c).]

As added by P.L.1-1997, SEC.6. Repealed by P.L.200-1999, SEC.34.

 

IC 31-14-21-12Repealed

[Pre-1997 Recodification Citation: 31-6-6.1-2.2(d).]

As added by P.L.1-1997, SEC.6. Repealed by P.L.200-1999, SEC.34.

 

IC 31-14-21-13Stay proceedings in paternity action

     Sec. 13. Upon notice that a court in which an adoption is pending has assumed jurisdiction of a paternity action under IC 31-19-2-14, the court in which the paternity action was pending shall stay all proceedings in the paternity action until further order from the court in which the adoption is pending.

As added by P.L.58-2009, SEC.8.

 

IC 31-15ARTICLE 15. FAMILY LAW: DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION
           Ch. 1.General Provisions
           Ch. 2.Actions for Dissolution of Marriage
           Ch. 3.Actions for Legal Separation
           Ch. 4.Provisional Orders in Dissolution and Legal Separation Actions
           Ch. 5.Protective Orders in Dissolution and Legal Separation Actions
           Ch. 6.Appointment of Guardians Ad Litem and Court Appointed Special Advocates in Dissolution and Legal Separation Actions
           Ch. 7.Disposition of Property and Maintenance
           Ch. 8.Support of Children and Other Dependents
           Ch. 9.Conciliation
           Ch. 9.4.Mediation
           Ch. 10.Costs and Attorney's Fees

 

IC 31-15-1Chapter 1. General Provisions
           31-15-1-1Construction and application of article
           31-15-1-2Purposes and policies of article

 

IC 31-15-1-1Construction and application of article

     Sec. 1. This article shall be construed and applied to promote the purposes and policies of this article.

[Pre-1997 Recodification Citation: 31-1-11.5-1(a) part.]

As added by P.L.1-1997, SEC.7.

 

IC 31-15-1-2Purposes and policies of article

     Sec. 2. The purposes and policies of this article are as follows:

(1) To abolish the existing grounds for absolute and limited divorce and to provide as the basis for dissolution of marriage:

(A) irretrievable breakdown of the marriage;

(B) the conviction of either party, subsequent to the marriage, of a felony;

(C) impotence existing at the time of the marriage; and

(D) incurable insanity of either party for a period of at least two (2) years.

(2) To provide for the appropriate procedures for the dissolution of marriage.

(3) To provide for the disposition of property, child support, and child custody.

(4) To provide for separation agreements.

(5) To provide for a temporary legal separation.

[Pre-1997 Recodification Citation: 31-1-11.5-1(b) part.]

As added by P.L.1-1997, SEC.7.

 

IC 31-15-2Chapter 2. Actions for Dissolution of Marriage
           31-15-2-1Applicability of Indiana Rules of Civil Procedure
           31-15-2-2Cause of action established
           31-15-2-3Grounds for decree
           31-15-2-4Caption
           31-15-2-5Verified petition; averments; guardian filing petition
           31-15-2-6Residence; filing in county of guardian's residence
           31-15-2-7Venue; legal separation proceeding pending or order in effect; disposition
           31-15-2-8Service of petition and summons
           31-15-2-9Responsive pleading or counter petition
           31-15-2-10Final hearing
           31-15-2-11Final hearing; action for legal separation pending when action for dissolution of marriage filed
           31-15-2-12Motion to dismiss by party who filed action; counter petition; hearing
           31-15-2-13Summary dissolution decree
           31-15-2-14Bifurcation of issues; summary disposition orders
           31-15-2-15Final hearing; evidence; dissolution decree; continuance; motion for dissolution
           31-15-2-16Dissolution decree; scope; finality; remarriage pending appeal
           31-15-2-17Agreements
           31-15-2-18Name change of woman

 

IC 31-15-2-1Applicability of Indiana Rules of Civil Procedure

     Sec. 1. Proceedings under this article must comply with the Indiana Rules of Civil Procedure.

[Pre-1997 Recodification Citation: 31-1-11.5-4(e) part.]

As added by P.L.1-1997, SEC.7.

 

IC 31-15-2-2Cause of action established

     Sec. 2. A cause of action for dissolution of marriage is established.

[Pre-1997 Recodification Citation: 31-1-11.5-3(a) part.]

As added by P.L.1-1997, SEC.7.

 

IC 31-15-2-3Grounds for decree

     Sec. 3. Dissolution of marriage shall be decreed upon a finding by a court of one (1) of the following grounds and no other ground:

(1) Irretrievable breakdown of the marriage.

(2) The conviction of either of the parties, subsequent to the marriage, of a felony.

(3) Impotence, existing at the time of the marriage.

(4) Incurable insanity of either party for a period of at least two (2) years.

[Pre-1997 Recodification Citation: 31-1-11.5-3(a) part.]

As added by P.L.1-1997, SEC.7.

 

IC 31-15-2-4Caption

     Sec. 4. A proceeding for dissolution of marriage is commenced by the filing of a petition entitled, "In Re the marriage of _________ and __________."

[Pre-1997 Recodification Citation: 31-1-11.5-4(a) part.]

As added by P.L.1-1997, SEC.7.

 

IC 31-15-2-5Verified petition; averments; guardian filing petition

     Sec. 5. (a) A petition for dissolution of marriage must:

(1) be verified; and

(2) set forth the following:

(A) The residence of each party and the length of residence in the state and county.

(B) The date of the marriage.

(C) The date on which the parties separated.

(D) The name, age, and address of:

(i) any living child less than twenty-one (21) years of age; and

(ii) any incapacitated child;

of the marriage and whether the wife is pregnant.

(E) The grounds for dissolution of the marriage.

(F) The relief sought.

(G) If a guardian of an incapacitated person is filing the petition for dissolution of marriage on behalf of the incapacitated person, the name and address of the guardian.

     (b) If a guardian of an incapacitated person files a petition for dissolution of a marriage on behalf of the incapacitated person, the guardian shall file with the petition a copy of the court order granting authority to petition for dissolution of marriage described in IC 29-3-9-12.2.

[Pre-1997 Recodification Citation: 31-1-11.5-4(a) part.]

As added by P.L.1-1997, SEC.7. Amended by P.L.83-2014, SEC.13.

 

IC 31-15-2-6Residence; filing in county of guardian's residence

     Sec. 6. (a) At the time of the filing of a petition under section 4 of this chapter, at least one (1) of the parties must have been:

(1) a resident of Indiana; or

(2) stationed at a United States military installation within Indiana;

for six (6) months immediately preceding the filing of the petition.

     (b) Except as provided in subsection (c), at the time of the filing of a petition under section 4 of this chapter, at least one (1) of the parties must have been:

(1) a resident of the county; or

(2) stationed at a United States military installation within the county;

where the petition is filed for three (3) months immediately preceding the filing of the petition.

     (c) If a court has authorized a guardian to file a petition under section 4 of this chapter on behalf of an incapacitated person under IC 29-3-9-12.2, the guardian may file the petition for dissolution in the guardian's county of residence if the guardian has resided in that county for at least three (3) months immediately preceding the filing of the petition.

[Pre-1997 Recodification Citation: 31-1-11.5-6(a) part, (b) part.]

As added by P.L.1-1997, SEC.7. Amended by P.L.83-2014, SEC.14.

 

IC 31-15-2-7Venue; legal separation proceeding pending or order in effect; disposition

     Sec. 7. (a) A petition or counter petition for dissolution of marriage must be filed in the court in which:

(1) a legal separation proceeding is pending; or

(2) a provisional order or decree for legal separation is in effect;

if the petition for legal separation was filed before the petition or counter petition for dissolution of marriage.

     (b) If a petition or counter petition for dissolution of marriage under section 4 of this chapter is filed while a provisional order or decree for legal separation is in effect, the procedure for dissolution of marriage continues. The provisional order or decree for legal separation remains in effect only:

(1) until the effective date of the provisional order on the petition or counter petition for dissolution; or

(2) until the provisional order or decree for legal separation expires;

whichever occurs first.

     (c) The court shall dismiss a petition for legal separation if, at the time the petition for dissolution is filed, neither:

(1) a provisional order; nor

(2) a decree for legal separation;

has been granted.

[Pre-1997 Recodification Citation: 31-1-11.5-8.5.]

As added by P.L.1-1997, SEC.7.

 

IC 31-15-2-8Service of petition and summons

     Sec. 8. Whenever a petition is filed, a copy of the petition, including a copy of a summons, shall be served upon the other party to the marriage in the same manner as service of summons in civil actions generally.

[Pre-1997 Recodification Citation: 31-1-11.5-5 part.]

As added by P.L.1-1997, SEC.7.

 

IC 31-15-2-9Responsive pleading or counter petition

     Sec. 9. A responsive pleading or a counter petition may be filed under this chapter.

[Pre-1997 Recodification Citation: 31-1-11.5-4(d) part.]

As added by P.L.1-1997, SEC.7.

 

IC 31-15-2-10Final hearing

     Sec. 10. Except as provided in sections 13 and 14 of this chapter, in an action for a dissolution of marriage under section 2 of this chapter, a final hearing shall be conducted not earlier than sixty (60) days after the filing of the petition.

[Pre-1997 Recodification Citation: 31-1-11.5-8(a) part.]

As added by P.L.1-1997, SEC.7.

 

IC 31-15-2-11Final hearing; action for legal separation pending when action for dissolution of marriage filed

     Sec. 11. If a petition has been filed in an action for legal separation under IC 31-15-3-2 (or IC 31-1-11.5-3(c) before its repeal), a final hearing on a petition or counter petition subsequently filed in an action for dissolution of marriage under section 2 of this chapter (or IC 31-1-11.5-3(a) before its repeal) may be held at any time after sixty (60) days after the petition in an action for legal separation under IC 31-15-3-2 has been filed.

[Pre-1997 Recodification Citation: 31-1-11.5-8(a) part.]

As added by P.L.1-1997, SEC.7.

 

IC 31-15-2-12Motion to dismiss by party who filed action; counter petition; hearing

     Sec. 12. (a) This section applies if a party who filed an action for dissolution of marriage under section 2 of this chapter (or IC 31-1-11.5-3(a) before its repeal) files a motion to dismiss the action.

     (b) A party that files an action shall serve each other party to the action with a copy of the motion.

     (c) A party to the action may file a counter petition under section 2 of this chapter not later than five (5) days after the filing of the motion to dismiss. If a party files a counter petition under this subsection, the court shall set the petition and counter petition for final hearing not earlier than sixty (60) days after the initial petition was filed.

[Pre-1997 Recodification Citation: 31-1-11.5-8.1.]

As added by P.L.1-1997, SEC.7.

 

IC 31-15-2-13Summary dissolution decree

     Sec. 13. At least sixty (60) days after a petition is filed in an action for dissolution of marriage under section 2 of this chapter, the court may enter a summary dissolution decree without holding a final hearing under this chapter if there have been filed with the court verified pleadings, signed by both parties, containing:

(1) a written waiver of final hearing; and

(2) either:

(A) a statement that there are no contested issues in the action; or

(B) a written agreement made in accordance with section 17 of this chapter that settles any contested issues between the parties.

[Pre-1997 Recodification Citation: 31-1-11.5-8(d).]

As added by P.L.1-1997, SEC.7.

 

IC 31-15-2-14Bifurcation of issues; summary disposition orders

     Sec. 14. (a) The court may bifurcate the issues in an action for dissolution of marriage filed under section 2 of this chapter (or IC 31-1-11.5-3(a) before its repeal) to provide for a summary disposition of uncontested issues and a final hearing of contested issues. The court may enter a summary disposition order under this section upon the filing with the court of verified pleadings, signed by both parties, containing:

(1) a written waiver of a final hearing in the matter of:

(A) uncontested issues specified in the waiver; or

(B) contested issues specified in the waiver upon which the parties have reached an agreement;

(2) a written agreement made in accordance with section 17 of this chapter pertaining to contested issues settled by the parties; and

(3) a statement:

(A) specifying contested issues remaining between the parties; and

(B) requesting the court to order a final hearing as to contested issues to be held under this chapter.

     (b) The court shall include in a summary disposition order entered under this section a date for a final hearing of contested issues.

[Pre-1997 Recodification Citation: 31-1-11.5-8(e).]

As added by P.L.1-1997, SEC.7.

 

IC 31-15-2-15Final hearing; evidence; dissolution decree; continuance; motion for dissolution

     Sec. 15. (a) At the final hearing on a petition for dissolution of marriage the court shall consider evidence, including agreements and verified pleadings filed with the court. If the court finds that the material allegations of the petition are true, the court:

(1) shall enter a dissolution decree as provided in section 16 of this chapter; or

(2) if the court finds that there is a reasonable possibility of reconciliation, may continue the matter and order the parties to seek reconciliation through any available counseling.

     (b) At any time forty-five (45) days after the date of a continuance:

(1) either party may move for the dissolution of the marriage; and

(2) the court may enter a dissolution decree as provided in section 16 of this chapter.

     (c) If no motion for the dissolution is filed, the matter shall be, automatically and without further action by the court, dismissed after the expiration of ninety (90) days from the date of continuance.

[Pre-1997 Recodification Citation: 31-1-11.5-8(a) part.]

As added by P.L.1-1997, SEC.7.

 

IC 31-15-2-16Dissolution decree; scope; finality; remarriage pending appeal

     Sec. 16. (a) The court shall enter a dissolution decree:

(1) when the court has made the findings required by section 15 of this chapter; or

(2) upon the filing of pleadings under section 13 of this chapter.

The decree may include orders as provided for in this article.

     (b) A dissolution decree is final when entered, subject to the right of appeal.

     (c) An appeal from the provisions of a dissolution decree that does not challenge the findings as to the dissolution of the marriage does not delay the finality of the provision of the decree that dissolves the marriage, so that the parties may remarry pending appeal.

[Pre-1997 Recodification Citation: 31-1-11.5-9(a).]

As added by P.L.1-1997, SEC.7.

 

IC 31-15-2-17Agreements

     Sec. 17. (a) To promote the amicable settlements of disputes that have arisen or may arise between the parties to a marriage attendant upon the dissolution of their marriage, the parties may agree in writing to provisions for:

(1) the maintenance of either of the parties;

(2) the disposition of any property owned by either or both of the parties; and

(3) the custody and support of the children of the parties.

     (b) In an action for dissolution of marriage:

(1) the terms of the agreement, if approved by the court, shall be incorporated and merged into the decree and the parties shall be ordered to perform the terms; or

(2) the court may make provisions for:

(A) the disposition of property;

(B) child support;

(C) maintenance; and

(D) custody;

as provided in this title.

     (c) The disposition of property settled by an agreement described in subsection (a) and incorporated and merged into the decree is not subject to subsequent modification by the court, except as the agreement prescribes or the parties subsequently consent.

[Pre-1997 Recodification Citation: 31-1-11.5-10.]

As added by P.L.1-1997, SEC.7.

 

IC 31-15-2-18Name change of woman

     Sec. 18. A woman who desires the restoration of her maiden or previous married name must set out the name she desires to be restored to her in her petition for dissolution as part of the relief sought. The court shall grant the name change upon entering the decree of dissolution.

[Pre-1997 Recodification Citation: 31-1-11.5-18.]

As added by P.L.1-1997, SEC.7.

 

IC 31-15-3Chapter 3. Actions for Legal Separation
           31-15-3-1Applicability of Indiana Rules of Civil Procedure
           31-15-3-2Cause of action established
           31-15-3-3Findings required for decree
           31-15-3-4Caption; verified petition; averments; guardian filing petition
           31-15-3-5Dissolution of marriage action; provisional order or decree as bar to legal separation proceeding
           31-15-3-6Residence; filing in county of guardian's residence
           31-15-3-7Service of petition and summons
           31-15-3-8Responsive pleading or counter petition
           31-15-3-9Decree; term; findings
           31-15-3-10Scope of decree
           31-15-3-11Maintenance

 

IC 31-15-3-1Applicability of Indiana Rules of Civil Procedure

     Sec. 1. Proceedings under this article must comply with the Indiana Rules of Civil Procedure.

[Pre-1997 Recodification Citation: 31-1-11.5-4(e) part.]

As added by P.L.1-1997, SEC.7.

 

IC 31-15-3-2Cause of action established

     Sec. 2. A cause of action for legal separation is established.

[Pre-1997 Recodification Citation: 31-1-11.5-3(c) part.]

As added by P.L.1-1997, SEC.7.

 

IC 31-15-3-3Findings required for decree

     Sec. 3. Legal separation shall be decreed upon a finding by a court:

(1) that conditions in or circumstances of the marriage make it currently intolerable for both parties to live together; and

(2) that the marriage should be maintained.

[Pre-1997 Recodification Citation: 31-1-11.5-3(c) part.]

As added by P.L.1-1997, SEC.7.

 

IC 31-15-3-4Caption; verified petition; averments; guardian filing petition

     Sec. 4. (a) A proceeding for legal separation is commenced by the filing of a petition entitled, "In Re the legal separation of _________ and _________". The petition must:

(1) be verified; and

(2) set forth the following:

(A) The residence of each party and the length of residence in the state and county.

(B) The date of the marriage.

(C) The date on which the parties separated.

(D) The names, ages, and addresses of:

(i) any living child less than twenty-one (21) years of age; and

(ii) any incapacitated child;

of the marriage and whether the wife is pregnant.

(E) The grounds for legal separation.

(F) The relief sought.

(G) If a guardian of an incapacitated person is filing the petition for legal separation on behalf of the incapacitated person, the name and address of the guardian.

     (b) If a guardian of an incapacitated person files a petition for legal separation on behalf of the incapacitated person, the guardian shall file with the petition a copy of the court order granting authority to petition for legal separation described in IC 29-3-9-12.2.

[Pre-1997 Recodification Citation: 31-1-11.5-4(c) part.]

As added by P.L.1-1997, SEC.7. Amended by P.L.83-2014, SEC.15.

 

IC 31-15-3-5Dissolution of marriage action; provisional order or decree as bar to legal separation proceeding

     Sec. 5. A proceeding may not be commenced under section 4 of this chapter if:

(1) an action for dissolution of marriage filed under IC 31-15-2-4 (or IC 31-1-11.5-3(a) before its repeal) is pending; or

(2) a provisional order or decree based on a petition for dissolution of marriage filed under IC 31-15-2-4 (or IC 31-1-11.5-3(a) before its repeal) has been granted.

[Pre-1997 Recodification Citation: 31-1-11.5-4(c) part.]

As added by P.L.1-1997, SEC.7.

 

IC 31-15-3-6Residence; filing in county of guardian's residence

     Sec. 6. (a) At the time of the filing of a petition for legal separation under section 4 of this chapter, at least one (1) of the parties must have been:

(1) a resident of Indiana; or

(2) stationed at a United States military installation within Indiana;

for six (6) months immediately preceding the filing of each petition.

     (b) Except as provided in subsection (c), at the time of the filing of a petition for legal separation under section 4 of this chapter, at least one (1) of the parties must have been:

(1) a resident of the county; or

(2) stationed at a United States military installation within the county;

where the petition is filed for three (3) months immediately preceding the filing of the petition.

     (c) If a court has authorized a guardian to file a petition for legal separation under section 4 of this chapter on behalf of an incapacitated person under IC 29-3-9-12.2, the guardian may file the petition in the guardian's county of residence if the guardian has resided in that county for at least three (3) months immediately preceding the filing of the petition.

[Pre-1997 Recodification Citation: 31-1-11.5-6(a) part, (b) part.]

As added by P.L.1-1997, SEC.7. Amended by P.L.83-2014, SEC.16.

 

IC 31-15-3-7Service of petition and summons

     Sec. 7. Whenever a petition is filed, a copy of the petition, including a copy of a summons, shall be served upon the other party to the marriage in the same manner as service of summons in civil actions generally.

[Pre-1997 Recodification Citation: 31-1-11.5-5 part.]

As added by P.L.1-1997, SEC.7.

 

IC 31-15-3-8Responsive pleading or counter petition

     Sec. 8. A responsive pleading or a counter petition may be filed under this chapter.

[Pre-1997 Recodification Citation: 31-1-11.5-4(d) part.]

As added by P.L.1-1997, SEC.7.

 

IC 31-15-3-9Decree; term; findings

     Sec. 9. In an action for legal separation under section 2 of this chapter, the court may grant a decree for a separation of the parties to the marriage for a period not to exceed one (1) year if the court finds that:

(1) conditions in or circumstances of the marriage make it currently intolerable for both parties to live together;

(2) the marriage should be maintained; and

(3) neither party has filed a petition or counter petition for dissolution of marriage under IC 31-15-2 (or IC 31-1-11.5 before its repeal).

[Pre-1997 Recodification Citations: 31-1-11.5-8(c), 31-1-11.5-9(d) part.]

As added by P.L.1-1997, SEC.7.

 

IC 31-15-3-10Scope of decree

     Sec. 10. A decree under this chapter may include orders as provided in this article.

[Pre-1997 Recodification Citation: 31-1-11.5-9(d) part.]

As added by P.L.1-1997, SEC.7.

 

IC 31-15-3-11Maintenance

     Sec. 11. A decree under this chapter may not include a maintenance provision that extends beyond the period of legal separation.

[Pre-1997 Recodification Citation: 31-1-11.5-9(d) part.]

As added by P.L.1-1997, SEC.7.

 

IC 31-15-4Chapter 4. Provisional Orders in Dissolution and Legal Separation Actions
           31-15-4-1Motions
           31-15-4-2Supporting affidavit
           31-15-4-3Motion for temporary restraining order
           31-15-4-4Hearing of motions
           31-15-4-5Preliminary hearing of petition for temporary support or custody of child
           31-15-4-6Determination
           31-15-4-7Temporary restraining order
           31-15-4-8Temporary orders
           31-15-4-9Counseling
           31-15-4-10Joint counseling
           31-15-4-11Change of venue or change from judge; effect on jurisdiction
           31-15-4-12Change of venue or change from judge; effect on provisional orders
           31-15-4-13Provisional order; rights not prejudiced
           31-15-4-14Provisional order; termination
           31-15-4-15Provisional order; revocation or modification
           31-15-4-16Repealed

 

IC 31-15-4-1Motions

     Sec. 1. (a) In an action for dissolution of marriage under IC 31-15-2 or legal separation under IC 31-15-3, either party may file a motion for any of the following:

(1) Temporary maintenance.

(2) Temporary support or custody of a child of the marriage entitled to support.

(3) Possession of property.

(4) Counseling.

(5) A protective order under IC 34-26-5.

     (b) If a party desires a protective order under subsection (a)(5), the party must file a petition under IC 34-26-5 in the court in which the case is pending, and the court may not require the moving party to give security. If the petitioner requests an ex parte protective order, the court shall immediately:

(1) review the request; and

(2) if required, set a hearing;

under IC 34-26-5. The procedure and law for a proceeding under this subsection are controlled by IC 34-26-5.

[Pre-1997 Recodification Citation: 31-1-11.5-7(a) part.]

As added by P.L.1-1997, SEC.7. Amended by P.L.133-2002, SEC.27; P.L.221-2003, SEC.5.

 

IC 31-15-4-2Supporting affidavit

     Sec. 2. Except for a protective order under section 1 of this chapter, the motion must be accompanied by an affidavit setting forth the following:

(1) The factual basis for the motion.

(2) The amounts requested or other relief sought.

[Pre-1997 Recodification Citation: 31-1-11.5-7(a) part.]

As added by P.L.1-1997, SEC.7. Amended by P.L.133-2002, SEC.28.

 

IC 31-15-4-3Motion for temporary restraining order

     Sec. 3. As a part of a motion for temporary maintenance, for support or custody of a child, or for possession of property under section 1 of this chapter or by independent motion accompanied by affidavit, either party may request the court to issue a temporary restraining order:

(1) restraining any person from transferring, encumbering, concealing, or in any way disposing of any property, except in the usual course of business or for the necessities of life; or

(2) granting temporary possession of property to either party.

[Pre-1997 Recodification Citation: 31-1-11.5-7(b) part.]

As added by P.L.1-1997, SEC.7. Amended by P.L.133-2002, SEC.29.

 

IC 31-15-4-4Hearing of motions

     Sec. 4. The motion for temporary maintenance, support or custody of a child, or possession of property under section 1 of this chapter shall be set for hearing by the court.

[Pre-1997 Recodification Citation: 31-1-11.5-7(c) part.]

As added by P.L.1-1997, SEC.7.

 

IC 31-15-4-5Preliminary hearing of petition for temporary support or custody of child

     Sec. 5. The court shall immediately schedule a preliminary hearing upon the filing of a petition for:

(1) temporary child support; or

(2) temporary custody of a child entitled to support.

[Pre-1997 Recodification Citation: 31-1-11.5-7(e) part.]

As added by P.L.1-1997, SEC.7.

 

IC 31-15-4-6Determination

     Sec. 6. The court shall determine:

(1) after the hearing; and

(2) not later than twenty-one (21) days after the petition is filed;

whether to grant or deny the petition.

[Pre-1997 Recodification Citation: 31-1-11.5-7(e) part.]

As added by P.L.1-1997, SEC.7.

 

IC 31-15-4-7Temporary restraining order

     Sec. 7. The court may issue a temporary restraining order if the court finds on the basis of the moving party's affidavit that injury would result to the moving party if an immediate order were not issued.

[Pre-1997 Recodification Citation: 31-1-11.5-7(b) part.]

As added by P.L.1-1997, SEC.7.

 

IC 31-15-4-8Temporary orders

     Sec. 8. (a) The court may issue an order for temporary maintenance or support in such amounts and on such terms that are just and proper. However, the court shall require that the support payments be made through the clerk of the circuit court as trustee for remittance to the person entitled to receive benefits, unless the court has reasonable grounds for providing or approving another method of payment.

     (b) The court may issue:

(1) a temporary restraining order;

(2) a custody order; or

(3) an order for possession of property;

to the extent the court considers proper.

[Pre-1997 Recodification Citation: 31-1-11.5-7(d) part.]

As added by P.L.1-1997, SEC.7.

 

IC 31-15-4-9Counseling

     Sec. 9. The court may require the parties to seek counseling for themselves or for a child of the parties under such terms and conditions that the court considers appropriate if:

(1) either party makes a motion for counseling in an effort to improve conditions of their marriage;

(2) a party, the child of the parties, the child's guardian ad litem or court appointed special advocate, or the court makes a motion for counseling for the child; or

(3) the court makes a motion for counseling for parties who are the parents of a child less than eighteen (18) years of age.

[Pre-1997 Recodification Citation: 31-1-11.5-7(f) part.]

As added by P.L.1-1997, SEC.7.

 

IC 31-15-4-10Joint counseling

     Sec. 10. The court may not require joint counseling of the parties under section 9 of this chapter:

(1) without the consent of both parties; or

(2) if there is evidence that the other party has demonstrated a pattern of domestic or family violence against a family or household member.

[Pre-1997 Recodification Citation: 31-1-11.5-7(f) part.]

As added by P.L.1-1997, SEC.7. Amended by P.L.133-2002, SEC.30.

 

IC 31-15-4-11Change of venue or change from judge; effect on jurisdiction

     Sec. 11. The filing by either party of a motion for change of venue or change from the judge during the period before the court makes a determination under section 6 of this chapter does not divest the court of jurisdiction to:

(1) hear evidence upon the petition;

(2) set an amount of temporary child support;

(3) determine temporary custody; or

(4) order appropriate parenting time.

[Pre-1997 Recodification Citation: 31-1-11.5-7(e) part.]

As added by P.L.1-1997, SEC.7. Amended by P.L.68-2005, SEC.27.

 

IC 31-15-4-12Change of venue or change from judge; effect on provisional orders

     Sec. 12. If the court grants a change of venue or change from the judge after the preliminary order of support, custody, or parenting time is issued, either party may:

(1) file a petition for a subsequent preliminary hearing on the issue of temporary child support, temporary custody, or parenting time;

(2) seek relief from the original order; and

(3) request that the court conduct a hearing relating to any other temporary order available under this article.

[Pre-1997 Recodification Citation: 31-1-11.5-7(e) part.]

As added by P.L.1-1997, SEC.7. Amended by P.L.68-2005, SEC.28.

 

IC 31-15-4-13Provisional order; rights not prejudiced

     Sec. 13. The issuance of a provisional order is without prejudice to the rights of the parties or the child as adjudicated at the final hearing in the proceeding.

[Pre-1997 Recodification Citation: 31-1-11.5-7(g) part.]

As added by P.L.1-1997, SEC.7.

 

IC 31-15-4-14Provisional order; termination

     Sec. 14. A provisional order terminates when:

(1) the final decree is entered subject to right of appeal; or

(2) the petition for dissolution or legal separation is dismissed.

[Pre-1997 Recodification Citation: 31-1-11.5-7(g) part.]

As added by P.L.1-1997, SEC.7.

 

IC 31-15-4-15Provisional order; revocation or modification

     Sec. 15. The terms of a provisional order may be revoked or modified before the final decree on a showing of the facts appropriate to revocation or modification.

[Pre-1997 Recodification Citation: 31-1-11.5-7(g) part.]

As added by P.L.1-1997, SEC.7.

 

IC 31-15-4-16Repealed

[Pre-1997 Recodification Citation: 31-1-11.5-7(h) part.]

As added by P.L.1-1997, SEC.7. Repealed by P.L.133-2002, SEC.69.

 

IC 31-15-5Chapter 5. Protective Orders in Dissolution and Legal Separation Actions
           31-15-5-1Protective order; procedure
           31-15-5-2Repealed
           31-15-5-3Repealed
           31-15-5-4Repealed
           31-15-5-5Repealed
           31-15-5-6Repealed
           31-15-5-7Repealed
           31-15-5-8Repealed
           31-15-5-9Repealed
           31-15-5-10Repealed
           31-15-5-11Repealed

 

IC 31-15-5-1Protective order; procedure

     Sec. 1. Either party may request a protective order to prevent domestic or family violence at any time during the dissolution of marriage or legal separation action by filing a petition under IC 34-26-5 in the court in which the case is pending. The court may not require the moving party to give security. If the petitioner requests an ex parte protective order, the court shall immediately:

(1) review the request; and

(2) if required, set a hearing;

under IC 34-26-5. The procedure and law for a proceeding under this section are controlled by IC 34-26-5.

[Pre-1997 Recodification Citation: 31-1-11.5-8.2(a) part.]

As added by P.L.1-1997, SEC.7. Amended by P.L.197-1997, SEC.6; P.L.133-2002, SEC.31; P.L.221-2003, SEC.6.

 

IC 31-15-5-2Repealed

[Pre-1997 Recodification Citation: 31-1-11.5-8.2(b) part.]

As added by P.L.1-1997, SEC.7. Amended by P.L.197-1997, SEC.7. Repealed by P.L.133-2002, SEC.69.

 

IC 31-15-5-3Repealed

[Pre-1997 Recodification Citation: 31-1-11.5-8.2(c) part.]

As added by P.L.1-1997, SEC.7. Repealed by P.L.133-2002, SEC.69.

 

IC 31-15-5-4Repealed

[Pre-1997 Recodification Citation: 31-1-11.5-8.2(d) part.]

As added by P.L.1-1997, SEC.7. Repealed by P.L.133-2002, SEC.69.

 

IC 31-15-5-5Repealed

[Pre-1997 Recodification Citation: 31-1-11.5-8.2(f) part.]

As added by P.L.1-1997, SEC.7. Repealed by P.L.133-2002, SEC.69.

 

IC 31-15-5-6Repealed

[Pre-1997 Recodification Citation: 31-1-11.5-8.2(f) part.]

As added by P.L.1-1997, SEC.7. Repealed by P.L.133-2002, SEC.69.

 

IC 31-15-5-7Repealed

[Pre-1997 Recodification Citation: 31-1-11.5-8.2(a) part.]

As added by P.L.1-1997, SEC.7. Repealed by P.L.133-2002, SEC.69.

 

IC 31-15-5-8Repealed

[Pre-1997 Recodification Citation: 31-1-11.5-8.2(g) part.]

As added by P.L.1-1997, SEC.7. Repealed by P.L.133-2002, SEC.69.

 

IC 31-15-5-9Repealed

[Pre-1997 Recodification Citation: 31-1-11.5-8.2(e) part.]

As added by P.L.1-1997, SEC.7. Repealed by P.L.133-2002, SEC.69.

 

IC 31-15-5-10Repealed

[Pre-1997 Recodification Citation: 31-1-11.5-8.2(h) part.]

As added by P.L.1-1997, SEC.7. Repealed by P.L.133-2002, SEC.69.

 

IC 31-15-5-11Repealed

[Pre-1997 Recodification Citation: 31-1-11.5-8.3 part.]

As added by P.L.1-1997, SEC.7. Repealed by P.L.133-2002, SEC.69.

 

IC 31-15-6Chapter 6. Appointment of Guardians Ad Litem and Court Appointed Special Advocates in Dissolution and Legal Separation Actions
           31-15-6-1Appointment
           31-15-6-2Persons ineligible for appointment
           31-15-6-3Protection of best interests of the child
           31-15-6-4Term of appointment
           31-15-6-5Officers of the court
           31-15-6-6Representation by attorney
           31-15-6-7Subpoena powers; presentation of evidence
           31-15-6-8Continuing supervision
           31-15-6-9Civil immunity
           31-15-6-10User fee; order for payment
           31-15-6-11User fee; collection procedures
           31-15-6-12Funds
           31-15-6-13User fee; report of receipt of payment

 

IC 31-15-6-1Appointment

     Sec. 1. A court in a proceeding under this article may appoint:

(1) a guardian ad litem;

(2) a court appointed special advocate; or

(3) both;

for a child at any time.

[Pre-1997 Recodification Citation: 31-1-11.5-28(c) part.]

As added by P.L.1-1997, SEC.7.

 

IC 31-15-6-2Persons ineligible for appointment

     Sec. 2. A court may not appoint a party to the proceedings, the party's employee, or the party's representative as the:

(1) guardian ad litem;

(2) court appointed special advocate;

(3) guardian ad litem program; or

(4) court appointed special advocate program;

for a child who is involved in the proceedings.

[Pre-1997 Recodification Citation: 31-1-11.5-28(h) part.]

As added by P.L.1-1997, SEC.7.

 

IC 31-15-6-3Protection of best interests of the child

     Sec. 3. A guardian ad litem or court appointed special advocate shall represent and protect the best interests of the child.

[Pre-1997 Recodification Citation: 31-1-11.5-28(d) part.]

As added by P.L.1-1997, SEC.7.

 

IC 31-15-6-4Term of appointment

     Sec. 4. A guardian ad litem or court appointed special advocate serves until the court enters an order for removal.

[Pre-1997 Recodification Citation: 31-1-11.5-28(d) part.]

As added by P.L.1-1997, SEC.7.

 

IC 31-15-6-5Officers of the court

     Sec. 5. The guardian ad litem or the court appointed special advocate, or both, are considered officers of the court for the purpose of representing the child's interests.

[Pre-1997 Recodification Citation: 31-1-11.5-28(f) part.]

As added by P.L.1-1997, SEC.7.

 

IC 31-15-6-6Representation by attorney

     Sec. 6. The guardian ad litem or the court appointed special advocate may be represented by an attorney. If necessary to protect the child's interests, the court may appoint an attorney to represent the guardian ad litem or the court appointed special advocate.

[Pre-1997 Recodification Citation: 31-1-11.5-28(e) part.]

As added by P.L.1-1997, SEC.7.

 

IC 31-15-6-7Subpoena powers; presentation of evidence

     Sec. 7. A guardian ad litem or court appointed special advocate appointed by a court under this chapter (or IC 31-1-11.5-28 before its repeal) may subpoena witnesses and present evidence regarding:

(1) the supervision of the action; or

(2) any investigation and report that the court requires of the guardian ad litem or court appointed special advocate.

[Pre-1997 Recodification Citation: 31-1-11.5-28(j) part.]

As added by P.L.1-1997, SEC.7.

 

IC 31-15-6-8Continuing supervision

     Sec. 8. The court may order a guardian ad litem or court appointed special advocate appointed by a court under this chapter (or IC 31-1-11.5-28 before its repeal) to exercise continuing supervision over the child to assure that the custodial or parenting time terms of an order entered by the court under this article (or IC 31-1-11.5 before its repeal) are carried out as required by the court.

[Pre-1997 Recodification Citation: 31-1-11.5-28(i) part.]

As added by P.L.1-1997, SEC.7. Amended by P.L.68-2005, SEC.29.

 

IC 31-15-6-9Civil immunity

     Sec. 9. Except for gross misconduct:

(1) a guardian ad litem;

(2) a court appointed special advocate;

(3) an employee of a county guardian ad litem or court appointed special advocate program; or

(4) a volunteer for a guardian ad litem or court appointed special advocate program;

who performs duties in good faith is immune from any civil liability that may occur as a result of that person's performance.

[Pre-1997 Recodification Citation: 31-1-11.5-28(g) part.]

As added by P.L.1-1997, SEC.7.

 

IC 31-15-6-10User fee; order for payment

     Sec. 10. The court may order either or both parents of a child for whom a guardian ad litem or court appointed special advocate is appointed under this chapter (or IC 31-1-11.5-28 before its repeal) to pay a user fee for the services provided under this chapter.

[Pre-1997 Recodification Citation: 31-1-11.5-28(k) part.]

As added by P.L.1-1997, SEC.7.

 

IC 31-15-6-11User fee; collection procedures

     Sec. 11. The court shall establish one (1) of the following procedures to be used to collect the user fee:

(1) The court may order the clerk of the court to collect the user fee and deposit the user fee into the county's guardian ad litem fund or court appointed special advocate fund. The fiscal body of the county shall appropriate money collected as user fees under this chapter to the court having jurisdiction over custody actions for the court's use in providing guardian ad litem or court appointed special advocate services, including the costs of representation.

(2) The court may order either or both parents to pay the user fee to the:

(A) guardian ad litem program that provided the services; or

(B) court appointed special advocate program that provided the services.

(3) The court may order either or both parents to pay the user fee to the individual or attorney guardian ad litem that provided the services.

[Pre-1997 Recodification Citation: 31-1-11.5-28(k) part.]

As added by P.L.1-1997, SEC.7.

 

IC 31-15-6-12Funds

     Sec. 12. Money remaining in a county's:

(1) guardian ad litem fund; or

(2) court appointed special advocate fund;

at the end of the county's fiscal year does not revert to any other fund.

[Pre-1997 Recodification Citation: 31-1-11.5-28(k) part.]

As added by P.L.1-1997, SEC.7.

 

IC 31-15-6-13User fee; report of receipt of payment

     Sec. 13. If the court orders either or both parents to pay the user fee according to section 11(2) or 11(3) of this chapter, the program or the individual or attorney guardian ad litem shall report to the court the receipt of payment not later than thirty (30) days after receiving the payment.

[Pre-1997 Recodification Citation: 31-1-11.5-28(l).]

As added by P.L.1-1997, SEC.7.

 

IC 31-15-7Chapter 7. Disposition of Property and Maintenance
           31-15-7-0.2Application of certain amendments to prior law
           31-15-7-0.3General assembly declarations
           31-15-7-1Order for maintenance
           31-15-7-2Findings concerning maintenance
           31-15-7-3Modification or revocation of order for maintenance
           31-15-7-4Division of property
           31-15-7-5Presumption for equal division of marital property; rebuttal
           31-15-7-6Monetary judgment to spouse for expenses of postsecondary education
           31-15-7-7Tax consequences of property division
           31-15-7-8Security, bond, or other guarantee of division of property
           31-15-7-9Repealed
           31-15-7-9.1Revocation or modification of property disposition orders; fraud
           31-15-7-10Enforcement

 

IC 31-15-7-0.2Application of certain amendments to prior law

     Sec. 0.2. The rebuttable presumption established under IC 31-1-11.5-11(c) (before its repeal, now codified at section 5 of this chapter), as amended by P.L.283-1987, does not apply to the division of marital property in actions for marriage dissolution filed before September 1, 1987.

As added by P.L.220-2011, SEC.498.

 

IC 31-15-7-0.3General assembly declarations

     Sec. 0.3. The general assembly:

(1) recognizes that reform of certain elements concerning the manner in which property of spouses is transferred upon the death of a spouse, when there is no will, has become necessary;

(2) recognizes inconsistencies in the manner in which the property of spouses is divided at marriage dissolution have become apparent;

(3) sees the need for spouses to be able to enter into a legal agreement during their lifetime, concerning which of their property shall be considered individually owned and which of their property shall be considered jointly owned; and

(4) agrees to enact the Property and Inheritance Rights of Spouses Act (amendments made to IC 29-1-2-1, IC 29-1-2-13, IC 29-1-3-6, and IC 31-1-11.5-11, before its repeal, now codified at IC 31-15-7-2 and IC 31-15-7-5).

As added by P.L.220-2011, SEC.499.

 

IC 31-15-7-1Order for maintenance

     Sec. 1. The court may order maintenance in:

(1) final dissolution of marriage decrees entered under IC 31-15-2-16; and

(2) legal separation decrees entered under IC 31-15-3-9;

after making the findings required by section 2 of this chapter.

[Pre-1997 Recodification Citation: 31-1-11.5-9(c) part.]

As added by P.L.1-1997, SEC.7. Amended by P.L.197-1997, SEC.8.

 

IC 31-15-7-2Findings concerning maintenance

     Sec. 2. A court may make the following findings concerning maintenance:

(1) If the court finds a spouse to be physically or mentally incapacitated to the extent that the ability of the incapacitated spouse to support himself or herself is materially affected, the court may find that maintenance for the spouse is necessary during the period of incapacity, subject to further order of the court.

(2) If the court finds that:

(A) a spouse lacks sufficient property, including marital property apportioned to the spouse, to provide for the spouse's needs; and

(B) the spouse is the custodian of a child whose physical or mental incapacity requires the custodian to forgo employment;

the court may find that maintenance is necessary for the spouse in an amount and for a period of time that the court considers appropriate.

(3) After considering:

(A) the educational level of each spouse at the time of marriage and at the time the action is commenced;

(B) whether an interruption in the education, training, or employment of a spouse who is seeking maintenance occurred during the marriage as a result of homemaking or child care responsibilities, or both;

(C) the earning capacity of each spouse, including educational background, training, employment skills, work experience, and length of presence in or absence from the job market; and

(D) the time and expense necessary to acquire sufficient education or training to enable the spouse who is seeking maintenance to find appropriate employment;

a court may find that rehabilitative maintenance for the spouse seeking maintenance is necessary in an amount and for a period of time that the court considers appropriate, but not to exceed three (3) years from the date of the final decree.

[Pre-1997 Recodification Citation: 31-1-11.5-11(e) part.]

As added by P.L.1-1997, SEC.7.

 

IC 31-15-7-3Modification or revocation of order for maintenance

     Sec. 3. Provisions of an order with respect to maintenance ordered under section 1 of this chapter (or IC 31-1-11.5-9(c) before its repeal) may be modified or revoked. Except as provided in IC 31-16-8-2, modification may be made only:

(1) upon a showing of changed circumstances so substantial and continuing as to make the terms unreasonable; or

(2) upon a showing that:

(A) a party has been ordered to pay an amount in child support that differs by more than twenty percent (20%) from the amount that would be ordered by applying the child support guidelines; and

(B) the order requested to be modified or revoked was issued at least twelve (12) months before the petition requesting modification was filed.

[Pre-1997 Recodification Citation: 31-1-11.5-17(a) part.]

As added by P.L.1-1997, SEC.7.

 

IC 31-15-7-4Division of property

     Sec. 4. (a) In an action for dissolution of marriage under IC 31-15-2-2, the court shall divide the property of the parties, whether:

(1) owned by either spouse before the marriage;

(2) acquired by either spouse in his or her own right:

(A) after the marriage; and

(B) before final separation of the parties; or

(3) acquired by their joint efforts.

     (b) The court shall divide the property in a just and reasonable manner by:

(1) division of the property in kind;

(2) setting the property or parts of the property over to one (1) of the spouses and requiring either spouse to pay an amount, either in gross or in installments, that is just and proper;

(3) ordering the sale of the property under such conditions as the court prescribes and dividing the proceeds of the sale; or

(4) ordering the distribution of benefits described in IC 31-9-2-98(b)(2) or IC 31-9-2-98(b)(3) that are payable after the dissolution of marriage, by setting aside to either of the parties a percentage of those payments either by assignment or in kind at the time of receipt.

[Pre-1997 Recodification Citation: 31-1-11.5-11(b).]

As added by P.L.1-1997, SEC.7.

 

IC 31-15-7-5Presumption for equal division of marital property; rebuttal

     Sec. 5. The court shall presume that an equal division of the marital property between the parties is just and reasonable. However, this presumption may be rebutted by a party who presents relevant evidence, including evidence concerning the following factors, that an equal division would not be just and reasonable:

(1) The contribution of each spouse to the acquisition of the property, regardless of whether the contribution was income producing.

(2) The extent to which the property was acquired by each spouse:

(A) before the marriage; or

(B) through inheritance or gift.

(3) The economic circumstances of each spouse at the time the disposition of the property is to become effective, including the desirability of awarding the family residence or the right to dwell in the family residence for such periods as the court considers just to the spouse having custody of any children.

(4) The conduct of the parties during the marriage as related to the disposition or dissipation of their property.

(5) The earnings or earning ability of the parties as related to:

(A) a final division of property; and

(B) a final determination of the property rights of the parties.

[Pre-1997 Recodification Citation: 31-1-11.5-11(c).]

As added by P.L.1-1997, SEC.7.

 

IC 31-15-7-6Monetary judgment to spouse for expenses of postsecondary education

     Sec. 6. If the court finds there is little or no marital property, the court may award either spouse a money judgment not limited to the property existing at the time of final separation. However, this award may be made only for the financial contribution of one (1) spouse toward tuition, books, and laboratory fees for the postsecondary education of the other spouse.

[Pre-1997 Recodification Citation: 31-1-11.5-11(d).]

As added by P.L.1-1997, SEC.7. Amended by P.L.2-2007, SEC.359.

 

IC 31-15-7-7Tax consequences of property division

     Sec. 7. The court, in determining what is just and reasonable in dividing property under this chapter, shall consider the tax consequences of the property disposition with respect to the present and future economic circumstances of each party.

[Pre-1997 Recodification Citation: 31-1-11.5-11.1.]

As added by P.L.1-1997, SEC.7.

 

IC 31-15-7-8Security, bond, or other guarantee of division of property

     Sec. 8. Upon entering an order under this chapter, the court may provide for the security, bond, or other guarantee that is satisfactory to the court to secure the division of property.

[Pre-1997 Recodification Citation: 31-1-11.5-15 part.]

As added by P.L.1-1997, SEC.7.

 

IC 31-15-7-9Repealed

[Pre-1997 Recodification Citation: 31-1-11.5-17(b) part.]

As added by P.L.1-1997, SEC.7. Repealed by P.L.197-1997, SEC.29.

 

IC 31-15-7-9.1Revocation or modification of property disposition orders; fraud

     Sec. 9.1. (a) The orders concerning property disposition entered under this chapter (or IC 31-1-11.5-9 before its repeal) may not be revoked or modified, except in case of fraud.

     (b) If fraud is alleged, the fraud must be asserted not later than six (6) years after the order is entered.

As added by P.L.2-1998, SEC.75.

 

IC 31-15-7-10Enforcement

     Sec. 10. Notwithstanding any other law, all orders and awards contained in a dissolution of marriage decree or legal separation decree may be enforced by:

(1) contempt;

(2) an income withholding order; or

(3) any other remedies available for the enforcement of a court order;

except as otherwise provided by this article.

[Pre-1997 Recodification Citation: 31-1-11.5-17(c) part.]

As added by P.L.1-1997, SEC.7. Amended by P.L.197-1997, SEC.9; P.L.148-2006, SEC.12.

 

IC 31-15-8Chapter 8. Support of Children and Other Dependents
           31-15-8-1Governing law

 

IC 31-15-8-1Governing law

     Sec. 1. The support of children and other dependents is governed by IC 31-16.

[1997 Recodification Citation: New.]

As added by P.L.1-1997, SEC.7.

 

IC 31-15-9Chapter 9. Conciliation
           31-15-9-1Authorized referrals
           31-15-9-2Costs

 

IC 31-15-9-1Authorized referrals

     Sec. 1. Conciliation procedures may include referrals to any of the following:

(1) The family relations division of the court, if established.

(2) Public or private marriage counselors.

(3) Family service agencies.

(4) Community mental health centers.

(5) Licensed psychologists.

(6) Physicians.

(7) Attorneys.

(8) Clergy.

(9) Mediators.

[Pre-1997 Recodification Citation: 31-1-11.5-19 part.]

As added by P.L.1-1997, SEC.7.

 

IC 31-15-9-2Costs

     Sec. 2. (a) Except as provided in subsection (b), the parties shall pay the costs of conciliation procedures that the court orders.

     (b) If the court determines that the parties will be unable to pay the costs without prejudicing their financial ability to provide themselves and any minor children with economic necessities, the costs shall be paid from the budget of the court.

[Pre-1997 Recodification Citation: 31-1-11.5-19 part.]

As added by P.L.1-1997, SEC.7.

 

IC 31-15-9.4Chapter 9.4. Mediation
           31-15-9.4-1Factors in determination
           31-15-9.4-2Docketing; extension; report

 

IC 31-15-9.4-1Factors in determination

     Sec. 1. Whenever the court issues an order under this article, other than an ex parte order, the court shall determine whether the proceeding should be referred to mediation. In making this determination, the court shall consider:

(1) the ability of the parties to pay for the mediation services; and

(2) whether mediation is appropriate in helping the parties resolve their disputes.

As added by P.L.199-1997, SEC.1.

 

IC 31-15-9.4-2Docketing; extension; report

     Sec. 2. When a case is ordered to mediation, the case shall be placed on the court docket for final hearing. The mediation process must be completed not later than sixty (60) days after the mediation order is entered. However, the sixty (60) day period may be extended by the court upon the court's own motion, upon agreement of the parties, or upon the recommendation of the mediator, but may not be extended beyond the date set for final hearing. Upon completion of the mediation process, the mediator shall promptly file the mediation report.

As added by P.L.199-1997, SEC.1.

 

IC 31-15-10Chapter 10. Costs and Attorney's Fees
           31-15-10-1Costs and attorney's fees; order for direct payment to attorney
           31-15-10-2Exemption for agencies

 

IC 31-15-10-1Costs and attorney's fees; order for direct payment to attorney

     Sec. 1. (a) The court periodically may order a party to pay a reasonable amount for the cost to the other party of maintaining or defending any proceeding under this article and for attorney's fees and mediation services, including amounts for legal services provided and costs incurred before the commencement of the proceedings or after entry of judgment.

     (b) The court may order the amount to be paid directly to the attorney, who may enforce the order in the attorney's name.

[Pre-1997 Recodification Citation: 31-1-11.5-16(a) part.]

As added by P.L.1-1997, SEC.7. Amended by P.L.199-1997, SEC.4.

 

IC 31-15-10-2Exemption for agencies

     Sec. 2. Neither costs or attorney fees may be taxed against an agency, or the agency's agents, that is authorized to maintain proceedings under this article by Title IV-D of the federal Social Security Act (42 U.S.C. 651 through 669) and IC 31-25-4-17.

[Pre-1997 Recodification Citation: 31-1-11.5-16(b) part.]

As added by P.L.1-1997, SEC.7. Amended by P.L.145-2006, SEC.231.

 

IC 31-16ARTICLE 16. FAMILY LAW: SUPPORT OF CHILDREN AND OTHER DEPENDENTS
           Ch. 1.General Provisions
           Ch. 2.Actions for Child Support
           Ch. 3.Repealed
           Ch. 3.5.Security to Secure Child Support
           Ch. 4.Repealed
           Ch. 5.Repealed
           Ch. 6.Child Support Orders
           Ch. 6.4.Mediation
           Ch. 7.Repealed
           Ch. 8.Modification of Child Support or Maintenance Orders
           Ch. 9.Method of Payment of Support
           Ch. 10.Child Support Payments to Third Parties
           Ch. 11.Costs and Attorney's Fees
           Ch. 12.Enforcement of Child Support Orders
           Ch. 12.5.Seizure of State Income Tax Refunds for Delinquent Child Support
           Ch. 13.Registration of Child Support Orders for Enforcement Purposes
           Ch. 14.Actions for Support of Dependents by Dependent Spouse
           Ch. 15.Child Support Income Withholding Orders
           Ch. 16.Enforceable Judgment Against a Person Delinquent in Payment of Child Support
           Ch. 17.Liability for Support of Parents
           Ch. 18.Repealed
           Ch. 19.Requirement That Support for Certain Dependents Be Paid Into Court or to Title IV-D Agency
           Ch. 20.Transfer of Jurisdiction Over Support Orders
           Ch. 21.Annual Fee Payable to Court in Addition to Support Payments

 

IC 31-16-1Chapter 1. General Provisions
           31-16-1-1Construction and application of IC 31-16-1 through IC 31-16-12
           31-16-1-2Purposes and policies of IC 31-16-1 through IC 31-16-12

 

IC 31-16-1-1Construction and application of IC 31-16-1 through IC 31-16-12

     Sec. 1. This chapter and IC 31-16-2 through IC 31-16-12 shall be construed and applied to promote the purpose and policy of this chapter and IC 31-16-2 through IC 31-16-12.

[Pre-1997 Recodification Citation: 31-1-11.5-1(a) part.]

As added by P.L.1-1997, SEC.8.

 

IC 31-16-1-2Purposes and policies of IC 31-16-1 through IC 31-16-12

     Sec. 2. The purpose and policy of this chapter and IC 31-16-2 through IC 31-16-12 are to provide for child support.

[Pre-1997 Recodification Citation: 31-1-11.5-1(b) part.]

As added by P.L.1-1997, SEC.8.

 

IC 31-16-2Chapter 2. Actions for Child Support
           31-16-2-1Applicability of Indiana Rules of Civil Procedure
           31-16-2-2Cause of action established
           31-16-2-3Caption; standing
           31-16-2-4Verified petition; averments
           31-16-2-5Service of petition and summons
           31-16-2-6Residence
           31-16-2-7Responsive pleading or counter petition
           31-16-2-8Decree; findings; scope

 

IC 31-16-2-1Applicability of Indiana Rules of Civil Procedure

     Sec. 1. Proceedings under this chapter and IC 31-16-3.5 through IC 31-16-12 must comply with the Indiana Rules of Civil Procedure.

[Pre-1997 Recodification Citation: 31-1-11.5-4(e) part.]

As added by P.L.1-1997, SEC.8. Amended by P.L.1-2010, SEC.117.

 

IC 31-16-2-2Cause of action established

     Sec. 2. A cause of action for child support is established.

[Pre-1997 Recodification Citation: 31-1-11.5-3(b).]

As added by P.L.1-1997, SEC.8.

 

IC 31-16-2-3Caption; standing

     Sec. 3. A proceeding for child support must be commenced by the filing of a petition entitled, "In Re the support of __________". The petition may be filed by any person entitled to receive child support payments.

[Pre-1997 Recodification Citation: 31-1-11.5-4(b) part.]

As added by P.L.1-1997, SEC.8.

 

IC 31-16-2-4Verified petition; averments

     Sec. 4. A petition for child support:

(1) must be verified; and

(2) must set forth the following:

(A) The relationship of the parties.

(B) The present residence of each party.

(C) The names and addresses of:

(i) each living child less than nineteen (19) years of age; and

(ii) each incapacitated child;

of the marriage.

(D) The relief sought.

[Pre-1997 Recodification Citation: 31-1-11.5-4(b) part.]

As added by P.L.1-1997, SEC.8. Amended by P.L.206-2015, SEC.48.

 

IC 31-16-2-5Service of petition and summons

     Sec. 5. Whenever a petition is filed, a copy of the petition, including a copy of a summons, shall be served upon the person alleged to be responsible for child support in the same manner as service of summons in civil actions generally.

[Pre-1997 Recodification Citation: 31-1-11.5-5 part.]

As added by P.L.1-1997, SEC.8.

 

IC 31-16-2-6Residence

     Sec. 6. In an action for child support under section 2 of this chapter, one (1) of the parties must reside in the county at the time of the filing of the action.

[Pre-1997 Recodification Citation: 31-1-11.5-6(c).]

As added by P.L.1-1997, SEC.8.

 

IC 31-16-2-7