Introduced Version
HOUSE BILL No. 1311
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 31-34; IC 31-35-1-4.5.
Synopsis: Adoption for abandoned infants. Provides that when the
department of child services (department) or a licensed child placing
agency takes custody of a child who is voluntarily left with an
emergency services provider or in a newborn safety device, the
department or licensed child placing agency shall: (1) not later than 72
hours after taking custody of the child, contact each licensed child
placing agency in Indiana and request that the licensed child placing
agency inform the department of any suitable prospective adoptive
parent for the child known to the licensed child placing agency; and (2)
collaborate with licensed child placing agencies to identify a
prospective adoptive parent for the child. Requires the department to:
(1) request that the Indiana department of health conduct one or more
searches of the putative child registry on behalf of the child before a
petition is filed to terminate parental rights with regard to the child,
with at least one request being made not earlier than 30 days after the
estimated date of birth of the child; and (2) notify an individual
identified as a potential father by the registry search that the
individual's consent to termination of the parent-child relationship will
be irrevocably implied if the individual does not file a paternity action
with regard to the child. Provides that when considering an
out-of-home placement for the child during child in need of services
proceedings, if a court, the department, or the licensed child placing
agency is unable to locate a suitable and willing relative (or de facto
custodian, if applicable) with whom to place the child, the court or the
department shall consider placing the child with a prospective adoptive
parent before considering any other placement for the child. Requires
that a child's case plan include certain information.
Effective: July 1, 2025.
Lauer
January 13, 2025, read first time and referred to Committee on Judiciary.
2025 IN 1311—LS 7085/DI 148 Introduced
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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between statutes enacted by the 2024 Regular Session of the General Assembly.
HOUSE BILL No. 1311
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 31-34-2.5-2, AS AMENDED BY P.L.40-2024,
2 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 2. (a) Immediately after an emergency medical
4 services provider takes custody of a safe haven infant under section 1
5 of this chapter, the provider shall notify either:
6 (1) the department of child services; or
7 (2) a licensed child placing agency;
8 that the provider has taken custody of the safe haven infant.
9 (b) If notified under subsection (a), the department of child services
10 or a licensed child placing agency shall:
11 (1) assume the care, control, and custody of the safe haven infant
12 immediately after receiving notice under subsection (a);
13 (2) not later than forty-eight (48) hours after the department of
14 child services or a licensed child placing agency has taken
15 custody of the safe haven infant, contact the Indiana
16 clearinghouse for information on missing children, missing
17 veterans at risk, and missing endangered adults established by
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1 IC 10-13-5-5 and the National Center for Missing and Exploited
2 Children to determine if the safe haven infant has been reported
3 missing; and
4 (3) not later than seventy-two (72) hours after the department
5 of child services or a licensed child placing agency has taken
6 custody of the child, contact each licensed child placing
7 agency in Indiana and request that the licensed child placing
8 agency inform the department of any suitable prospective
9 adoptive parent for the child known to the licensed child
10 placing agency; and
11 (3) (4) fifteen (15) days after the department of child services or
12 a licensed child placing agency has taken custody of the safe
13 haven infant, contact the National Center for Missing and
14 Exploited Children a second time to determine if the safe haven
15 infant has been reported missing.
16 SECTION 2. IC 31-34-2.5-7 IS ADDED TO THE INDIANA CODE
17 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
18 1, 2025]: Sec. 7. (a) When the department takes custody of a child
19 under this chapter, the department shall request that the Indiana
20 department of health conduct a search of the putative father
21 registry:
22 (1) before a petition for termination of parental rights is filed
23 with regard to the child; and
24 (2) not earlier than thirty (30) days after the estimated date of
25 birth of the child;
26 based on the information known to the department regarding the
27 child. The department may request one (1) or more additional
28 searches of the putative father registry with regard to the child at
29 any time after the department takes custody of the child.
30 (b) The department shall send to an individual identified as a
31 potential father by a search under subsection (a) notice:
32 (1) that a search of the putative father registry has identified
33 the individual as the potential father of a child taken into
34 custody under this chapter; and
35 (2) that the individual's consent to termination of the
36 parent-child relationship will be irrevocably implied if the
37 individual does not file a paternity action with regard to the
38 child as provided under IC 31-35-1-4.5;
39 before a petition for termination of parental rights is filed with
40 regard to the child.
41 SECTION 3. IC 31-34-6-2, AS AMENDED BY P.L.123-2014,
42 SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2025 IN 1311—LS 7085/DI 148 3
1 JULY 1, 2025]: Sec. 2. (a) A juvenile court or the department shall
2 consider placing a child alleged to be a child in need of services:
3 (1) with a suitable and willing relative or de facto custodian of the
4 child; or
5 (2) if:
6 (A) the child was taken into emergency custody under
7 IC 31-34-2.5; and
8 (B) the:
9 (i) department; or
10 (ii) licensed child placing agency;
11 is unable to identify a suitable and willing relative or de
12 facto custodian under subdivision (1);
13 with a prospective adoptive parent, including a prospective
14 adoptive parent identified under IC 31-34-2.5-5;
15 before considering any other placement for the child.
16 (b) A juvenile court or the department shall consider placing a child
17 described in subsection (a) with a relative related by blood, marriage,
18 or adoption before considering any other placement of the child.
19 (c) Before a child is placed with a relative, or de facto custodian, or
20 prospective adoptive parent under subsection (a), a home evaluation
21 and background checks described in IC 31-34-4-2 are required.
22 SECTION 4. IC 31-34-15-4, AS AMENDED BY P.L.213-2021,
23 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
24 JULY 1, 2025]: Sec. 4. A child's case plan must be set out in a form
25 prescribed by the department that meets the specifications set by 45
26 CFR 1356.21. The case plan must include a description and discussion
27 of the following:
28 (1) A permanent plan, or two (2) permanent plans if concurrent
29 planning, for the child and an estimated date for achieving the
30 goal of the plan or plans.
31 (2) The appropriate placement for the child based on the child's
32 special needs and best interests.
33 (3) The least restrictive family-like setting that is close to the
34 home of the child's parent, custodian, or guardian if out-of-home
35 placement is recommended. If an out-of-home placement is
36 appropriate, the local office or department shall consider whether
37 a child in need of services should be placed:
38 (A) with the child's suitable and willing blood or adoptive
39 relative caretaker, including a grandparent, an aunt, an uncle,
40 or an adult sibling; before considering other out-of-home
41 placements for the child. or
42 (B) with a prospective adoptive parent, including a
2025 IN 1311—LS 7085/DI 148 4
1 prospective adoptive parent identified under
2 IC 31-34-2.5-5 if:
3 (i) the child was taken into emergency custody under
4 IC 31-34-2.5; and
5 (ii) the department is unable to identify a suitable and
6 willing blood or adoptive relative caretaker under clause
7 (A).
8 (4) Family services recommended for the child, parent, guardian,
9 or custodian.
10 (5) Efforts already made to provide family services to the child,
11 parent, guardian, or custodian.
12 (6) Efforts that will be made to provide family services that are
13 ordered by the court.
14 (7) If the parent of a child is incarcerated:
15 (A) the services and treatment available to the parent at the
16 facility at which the parent is incarcerated; and
17 (B) how the parent and the child may be afforded visitation
18 opportunities, unless visitation with the parent is not in the
19 best interests of the child.
20 (8) A plan for ensuring the educational stability of the child while
21 in foster care that includes assurances that the:
22 (A) placement of the child in foster care considers the
23 appropriateness of the current educational setting of the child
24 and the proximity to the school where the child is presently
25 enrolled;
26 (B) department has coordinated with local educational
27 agencies to ensure:
28 (i) the child remains in the school where the child is enrolled
29 at the time of removal; or
30 (ii) immediate, appropriate enrollment of the child in a
31 different school, including arrangements for the transfer of
32 the child's school records to the new school, if remaining in
33 the same school is not in the best interests of the child; and
34 (C) child's school has been invited, by the department, to
35 provide information and participate in the case plan process.
36 The school may be invited through its principal or other
37 representative identified by law.
38 (9) Any age appropriate activities that the child is interested in
39 pursuing.
40 (10) If the case plan is for a child in foster care who is at least
41 fourteen (14) years of age, the following:
42 (A) A document that describes the rights of the child with
2025 IN 1311—LS 7085/DI 148 5
1 respect to:
2 (i) education, health, visitation, and court participation;
3 (ii) the right to be provided with the child's medical
4 documents and other medical information; and
5 (iii) the right to stay safe and avoid exploitation.
6 (B) A signed acknowledgment by the child that the:
7 (i) child has been provided with a copy of the document
8 described in clause (A); and
9 (ii) rights contained in the document have been explained to
10 the individual in an age appropriate manner.
11 (11) Any efforts made by the department to enable the child's
12 school to provide appropriate support to and protect the safety of
13 the child, if, in developing the case plan, the department
14 coordinates with officials in the child's school to enable the school
15 to provide appropriate support to and protect the safety of the
16 child.
17 SECTION 5. IC 31-34-18-2, AS AMENDED BY P.L.210-2019,
18 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
19 JULY 1, 2025]: Sec. 2. (a) In addition to providing the court with a
20 recommendation for the care, treatment, or rehabilitation of the child,
21 the person preparing the report shall consider the necessity, nature, and
22 extent of the participation by a parent, guardian, or custodian in a
23 program of care, treatment, or rehabilitation for the child.
24 (b) If the department or caseworker believes that an out-of-home
25 placement would be appropriate for a child in need of services, the
26 department or caseworker shall:
27 (1) exercise due diligence to identify all adult relatives of the
28 child and adult siblings; and
29 (2) consider whether the child should be placed:
30 (A) with the child's suitable and willing blood or adoptive
31 relative caretaker, including a grandparent, an aunt, an uncle,
32 or an adult sibling; or
33 (B) if:
34 (i) the child was taken into emergency custody under
35 IC 31-34-2.5; and
36 (ii) the department is unable to identify a suitable and
37 willing blood or adoptive relative caretaker under clause
38 (A);
39 with a prospective adoptive parent, including a prospective
40 adoptive parent identified under IC 31-34-2.5-5;
41 before considering other out-of-home placements for the child.
42 SECTION 6. IC 31-34-19-7, AS AMENDED BY P.L.210-2019,
2025 IN 1311—LS 7085/DI 148 6
1 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2 JULY 1, 2025]: Sec. 7. (a) In addition to the factors under section 6 of
3 this chapter, if the court enters a dispositional decree regarding a child
4 in need of services that includes an out-of-home placement, the court
5 shall:
6 (1) order the department to continue exercising due diligence to
7 identify:
8 (A) all adult relatives of the child and adult siblings; and
9 (B) if the child was taken into emergency custody under
10 IC 31-34-2.5, prospective adoptive parents, including
11 prospective adoptive parents identified under
12 IC 31-34-2.5-5;
13 who may be considered as out-of-home placements for the child
14 until the child has been in an out-of-home placement for at least
15 twelve (12) months; and
16 (2) consider whether the child should be placed:
17 (A) with the child's suitable and willing relative; or
18 (B) if:
19 (i) the child was taken into emergency custody under
20 IC 31-34-2.5; and
21 (ii) the department is unable to identify a suitable and
22 willing relative under clause (A);
23 with a prospective adoptive parent, including a prospective
24 adoptive parent identified under IC 31-34-2.5-5;
25 before considering other out-of-home placements for the child.
26 (b) A juvenile court shall consider placing a child described in
27 subsection (a) with a relative related by blood, marriage, or adoption
28 before considering any other placement of the child.
29 (c) Before a child is placed with a relative or de facto custodian, a
30 home evaluation and background checks described in IC 31-34-4-2 are
31 required.
32 SECTION 7. IC 31-35-1-4.5, AS AMENDED BY P.L.1-2010,
33 SECTION 126, IS AMENDED TO READ AS FOLLOWS
34 [EFFECTIVE JULY 1, 2025]: Sec. 4.5. The putative father's consent
35 to the termination of the parent-child relationship is irrevocably
36 implied without further court action if the father:
37 (1) fails to file a paternity action under IC 31-14 or in a court
38 located in another state that is competent to obtain jurisdiction
39 over the paternity action, not more than thirty (30) days after
40 receiving:
41 (A) actual notice under IC 31-19-3 of the mother's intent to
42 proceed with an adoptive placement of the child, regardless of
2025 IN 1311—LS 7085/DI 148 7
1 whether:
2 (A) (i) the child is born before or after the expiration of the
3 thirty (30) day period; or
4 (B) (ii) a petition for adoption or for the termination of the
5 parent-child relationship is filed; or
6 (B) notice under IC 31-34-2.5-7; or
7 (2) files a paternity action:
8 (A) under IC 31-14; or
9 (B) in a court located in another state that is competent to
10 obtain jurisdiction over the paternity action;
11 during the thirty (30) day period prescribed by subdivision (1) and
12 fails to establish paternity in the paternity proceeding within a
13 reasonable period determined under IC 31-14-21-9 through
14 IC 31-14-21-9.2 or the laws applicable to a court of another state
15 when the court obtains jurisdiction over the paternity action.
2025 IN 1311—LS 7085/DI 148