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,
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.
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.
SENATE ENROLLED ACT No. 171
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 31-34-21-5.6, AS AMENDED BY P.L.45-2023,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 5.6. (a) Except as provided in subsection (c), a
court may make a finding described in this section at any phase of a
child in need of services proceeding.
(b) Reasonable efforts to reunify a child with the child's parent,
guardian, or custodian or preserve a child's family as described in
section 5.5 of this chapter are not required if the court finds any of the
following:
(1) A parent, guardian, or custodian of a the child who is a child
in need of services has been convicted of:
(A) an offense described in IC 31-35-3-4(1)(B) or
IC 31-35-3-4(1)(D) through IC 31-35-3-4(1)(J) against a
victim who is:
(i) a child described in IC 31-35-3-4(2);
IC 31-35-3-4(2)(B); or
(ii) a parent of the child; or
(B) a comparable offense as described in clause (A) in any
other state, territory, or country by a court of competent
jurisdiction.
(2) A parent, guardian, or custodian of a the child: who is a child
SEA 171 2
in need of services:
(A) has been convicted of:
(i) the murder (IC 35-42-1-1) or voluntary manslaughter (IC
35-42-1-3) of a victim who is a child described in
IC 31-35-3-4(2)(B) or a parent of the child; or
(ii) a comparable offense described in item (i) in any other
state, territory, or country; or
(B) has been convicted of:
(i) aiding, inducing, or causing another person;
(ii) attempting; or
(iii) conspiring with another person;
to commit an offense described in clause (A);
(C) is required to register:
(i) as a sex offender under 34 U.S.C. 20913; or
(ii) as a sex or violent offender under IC 36-2-13-5.5; or
(D) committed an offense described in IC 31-34-1-3 or
IC 31-34-1-3.5 against a child and the offense resulted in a
conviction or a judgment under IC 31-34-11-2.
(3) A parent, guardian, or custodian of a the child who is a child
in need of services has been convicted of:
(A) battery as a Class A felony (for a crime committed before
July 1, 2014) or Level 2 felony (for a crime committed after
June 30, 2014);
(B) battery as a Class B felony (for a crime committed before
July 1, 2014) or Level 3 or Level 4 felony (for a crime
committed after June 30, 2014);
(C) battery as a Class C felony (for a crime committed before
July 1, 2014) or Level 5 felony (for a crime committed after
June 30, 2014);
(D) aggravated battery (IC 35-42-2-1.5);
(E) criminal recklessness (IC 35-42-2-2) as a Class C felony
(for a crime committed before July 1, 2014) or a Level 5
felony (for a crime committed after June 30, 2014);
(F) neglect of a dependent (IC 35-46-1-4) as a Class B felony
(for a crime committed before July 1, 2014) or a Level 1 or
Level 3 felony (for a crime committed after June 30, 2014);
(G) promotion of human labor trafficking, promotion of human
sexual trafficking, promotion of child sexual trafficking,
promotion of sexual trafficking of a younger child, child
sexual trafficking, or human trafficking (IC 35-42-3.5-1
through IC 35-42-3.5-1.4) as a felony; or
(H) a comparable offense described in clauses (A) through (G)
SEA 171 3
under federal law or in another state, territory, or country;
against a child described in IC 31-35-3-4(2)(B).
(4) The parental rights of a parent with respect to a biological or
adoptive sibling of a the child who is a child in need of services
have been involuntarily terminated by a court under:
(A) IC 31-35-2 (involuntary termination involving a
delinquent child or a child in need of services);
(B) IC 31-35-3 (involuntary termination involving an
individual convicted of a criminal offense); or
(C) any comparable law described in clause (A) or (B) in any
other state, territory, or country.
(5) The child is an abandoned infant, provided that the court:
(A) has appointed a guardian ad litem or court appointed
special advocate for the child; and
(B) after receiving a written report and recommendation from
the guardian ad litem or court appointed special advocate, and
after a hearing, finds that reasonable efforts to locate the
child's parents or reunify the child's family would not be in the
best interests of the child.
(6) The child is a safe haven infant.
(7) The child:
(A) was the subject of two (2) or more previous:
(i) child in need of services proceedings under this
chapter; or
(ii) proceedings under comparable law in another state;
and
(B) was removed from the home of the child's parent,
guardian, or custodian under:
(i) a dispositional decree entered under IC 31-34-20-1; or
(ii) a court order issued under comparable law in
another state;
in each of the proceedings described in clause (A);
and the court finds that each removal described in clause (B)
was the result of conditions caused by the parent, guardian, or
custodian.
(c) During or at any time after the first periodic case review under
IC 31-34-21-2 of a child in need of services proceeding, if the court
finds that a parent, guardian, or custodian of the child has been charged
with an offense described in subsection (b)(3) and is awaiting trial, the
court may make a finding that reasonable efforts to reunify the child
with the child's parent, guardian, or custodian or preserve the child's
family as described in section 5.5 of this chapter may be suspended
SEA 171 4
pending the disposition of the parent's, guardian's, or custodian's
criminal charge.
SEA 171 President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date: Time:
SEA 171