First Regular Session of the 123rd General Assembly (2023)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
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between statutes enacted by the 2022 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1169
AN ACT to amend the Indiana Code concerning family law and
juvenile law.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 31-34-4-8 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2023]: Sec. 8. If a child is placed under this article in a
temporary out-of-home placement in a location in which a sibling
of the child resides, the department shall, before changing the
placement of the child, consider whether separating the child from
the child's sibling is in the child's best interest.
SECTION 2. IC 31-34-19-6, AS AMENDED BY P.L.258-2019,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 6. (a) If consistent with the safety of the
community and the best interest of the child, the juvenile court shall
enter a dispositional decree that:
(1) is:
(A) in the least restrictive (most family like) and most
appropriate setting available; and
(B) close to the parents' home, consistent with the best interest
and special needs of the child;
(2) least interferes with family autonomy;
(3) is least disruptive of family life;
(4) imposes the least restraint on the freedom of the child and the
child's parent, guardian, or custodian;
HEA 1169 — Concur 2
(5) provides a reasonable opportunity for participation by the
child's parent, guardian, or custodian; and
(6) provides a reasonable opportunity for the child's parent who:
(A) is incarcerated; and
(B) has maintained a meaningful role in the child's life;
to maintain a relationship with the child.
(b) In determining whether reunification of a child with a
parent, guardian, or custodian from whom the child has been
removed is in the child's best interest, a court shall do the
following:
(1) The court shall determine whether reunifying the child
with the parent, guardian, or custodian will result in
separation of the child from a sibling of the child.
(2) If the court determines under subdivision (1) that
reunifying the child with the parent, guardian, or custodian
will result in separation of the child from a sibling of the child,
the court shall consider whether separating the child from the
child's sibling is in the child's best interest.
SECTION 3. IC 31-34-23-7 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2023]: Sec. 7. If a child is placed under a dispositional decree in
an out-of-home placement in a location in which a sibling of the
child resides, a court shall, in considering a motion requesting a
change in the child's placement, consider whether separating the
child from the child's sibling is in the child's best interest.
HEA 1169 — Concur Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
HEA 1169 — Concur