Introduced Version
HOUSE BILL No. 1050
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 31-19.
Synopsis: Concurrent jurisdiction of juvenile court. Provides
concurrent jurisdiction over adoption proceedings to the juvenile court
in which a child in need of services (CHINS) proceeding, termination
of parental rights (TPR) proceeding, or a juvenile delinquency
proceeding is open or pending. Requires notice of a pending adoption
be given to the juvenile court if the child to be adopted is the subject of
an open or pending CHINS, TPR, or juvenile delinquency proceeding.
Provides that the juvenile court receiving notice of a pending adoption
has 10 days after receiving notice to exercise jurisdiction over the
adoption, decline jurisdiction over the adoption, or take matters under
consideration pending a hearing. Requires a petition for adoption to
include whether the child to be adopted is the subject of an open or
pending CHINS, TPR, or juvenile delinquency proceeding. Requires
the probate court to order the adoption proceeding with all papers and
files to be transferred to the juvenile court exercising jurisdiction over
the CHINS, TPR, or juvenile delinquency proceeding if the juvenile
court elects to exercise jurisdiction over the adoption.
Effective: July 1, 2024.
Zimmerman
January 8, 2024, read first time and referred to Committee on Judiciary.
2024 IN 1050—LS 6188/DI 148 Introduced
Second Regular Session of the 123rd General Assembly (2024)
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,
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Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
HOUSE BILL No. 1050
A BILL FOR 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:
1 SECTION 1. IC 31-19-1-2 IS AMENDED TO READ AS
2 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) Except as
3 provided in section 2.5 of this chapter, this section applies to each
4 Indiana county that has a separate probate court.
5 (b) The probate court has exclusive jurisdiction in all adoption
6 matters.
7 SECTION 2. IC 31-19-1-2.5 IS ADDED TO THE INDIANA CODE
8 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
9 1, 2024]: Sec. 2.5. (a) This section applies to a juvenile court that
10 has received notice as required by IC 31-19-2.5-3.
11 (b) If a child sought to be adopted is the subject of an open or
12 pending:
13 (1) child in need of services proceeding under IC 31-34;
14 (2) termination of parental rights proceeding under IC 31-35;
15 or
16 (3) delinquency proceeding under IC 31-37;
17 the juvenile court in which the open or pending proceeding was
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1 filed may exercise jurisdiction over the adoption matter involving
2 the child.
3 (c) The juvenile court has not more than ten (10) days after
4 receiving notice of a pending adoption to:
5 (1) exercise jurisdiction over the adoption;
6 (2) decline jurisdiction over the adoption; or
7 (3) take the matter under advisement pending a hearing.
8 (d) If the juvenile court exercises jurisdiction over the adoption
9 matter involving the child, the court where the petition to adopt
10 was filed must order the proceedings with all papers and files
11 pertaining to the petition to adopt transferred to the juvenile court.
12 SECTION 3. IC 31-19-2-6, AS AMENDED BY P.L.206-2015,
13 SECTION 54, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14 JULY 1, 2024]: Sec. 6. (a) A petition for adoption must specify the
15 following:
16 (1) The:
17 (A) name if known;
18 (B) sex, race, and age if known, or if unknown, the
19 approximate age; and
20 (C) place of birth;
21 of the child sought to be adopted.
22 (2) The new name to be given the child if a change of name is
23 desired.
24 (3) Whether or not the child possesses real or personal property
25 and, if so, the value and full description of the property.
26 (4) The:
27 (A) name, age, and place of residence of a petitioner for
28 adoption; and
29 (B) if married, place and date of their marriage.
30 (5) The name and place of residence, if known to the petitioner
31 for adoption, of:
32 (A) the parent or parents of the child;
33 (B) if the child is an orphan:
34 (i) the guardian; or
35 (ii) the nearest kin of the child if the child does not have a
36 guardian;
37 (C) the court or agency of which the child is a ward if the child
38 is a ward; or
39 (D) the agency sponsoring the adoption if there is a sponsor.
40 (6) The time, if any, during which the child lived in the home of
41 the petitioner for adoption.
42 (7) Whether the petitioner for adoption has been convicted of:
2024 IN 1050—LS 6188/DI 148 3
1 (A) a felony; or
2 (B) a misdemeanor relating to the health and safety of
3 children;
4 and, if so, the date and description of the conviction.
5 (8) Whether or not a current, ongoing child support order or
6 medical support order is in effect for the child sought to be
7 adopted.
8 (9) Whether or not a child sought to be adopted is the subject
9 of an open or pending:
10 (A) child in need of services proceeding under IC 31-34;
11 (B) termination of parental rights proceeding under
12 IC 31-35; or
13 (C) delinquency proceeding under IC 31-37;
14 and if so, identify the court where the proceeding is open or
15 pending.
16 (9) (10) Additional information consistent with the purpose and
17 provisions of this article that is considered relevant to the
18 proceedings.
19 (b) If a current, ongoing child support order or medical support
20 order is in effect for the child as described in subsection (a)(8), all of
21 the following must be filed with the petition described under subsection
22 (a):
23 (1) A copy of the child support order or medical support order.
24 (2) A statement as to whether the child support order or medical
25 support order is enforced by the prosecuting attorney through the
26 Title IV-D child support program under IC 31-25-4.
27 SECTION 4. IC 31-19-2.5-3, AS AMENDED BY P.L.203-2021,
28 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
29 JULY 1, 2024]: Sec. 3. (a) Except as provided in section 4 of this
30 chapter, notice must be given to:
31 (1) a person whose consent to adoption is required under
32 IC 31-19-9-1;
33 (2) a putative father who is entitled to notice under IC 31-19-4;
34 (3) a grandparent described in IC 31-19-4.5-1(3) of a child sought
35 to be adopted;
36 (4) a licensed child placing agency of which the child is a ward;
37 (5) if the child is the subject of an open or pending child in need
38 of services proceeding under IC 31-34 the:
39 (A) local office of the department of child services in the
40 county in which the child in need of services proceeding was
41 filed; and
2024 IN 1050—LS 6188/DI 148 4
1 (B) juvenile court in which the child in need of services
2 proceeding was filed;
3 (6) if the child is a subject of an open or pending termination
4 of parental rights proceeding under IC 31-35 the:
5 (A) local office of the department of child services in the
6 county in which the termination of parental rights
7 proceeding was filed; and
8 (B) juvenile court in which the termination of parental
9 rights proceeding was filed; and
10 (6) (7) if the child is a subject of an open or pending juvenile
11 delinquency proceeding under IC 31-37 the:
12 (A) entity, facility, or individual of which the child is a ward;
13 and
14 (B) juvenile court in which the juvenile delinquency
15 proceeding was filed.
16 (b) Proof of notice to those under subsection (a) shall be filed with
17 the court in the adoption proceeding before the final adoption hearing
18 can be scheduled.
19 (c) Failure to provide notice under this section shall require setting
20 aside the adoption decree if challenged by an entity or individual who
21 did not receive notice as required by this section. An adoption decree
22 may be challenged under this subsection for a period of not more than
23 forty-five (45) days after the date the adoption decree is entered.
2024 IN 1050—LS 6188/DI 148