Indiana 2025 Regular Session

Indiana House Bill HB1311 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1311
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 31-34; IC 31-35-1-4.5.
7	7	Synopsis: Adoption for abandoned infants. Provides that when the
8	8	department of child services (department) or a licensed child placing
9	9	agency takes custody of a child who is voluntarily left with an
10	10	emergency services provider or in a newborn safety device, the
11	11	department or licensed child placing agency shall: (1) not later than 72
12	12	hours after taking custody of the child, contact each licensed child
13	13	placing agency in Indiana and request that the licensed child placing
14	14	agency inform the department of any suitable prospective adoptive
15	15	parent for the child known to the licensed child placing agency; and (2)
16	16	collaborate with licensed child placing agencies to identify a
17	17	prospective adoptive parent for the child. Requires the department to:
18	18	(1) request that the Indiana department of health conduct one or more
19	19	searches of the putative child registry on behalf of the child before a
20	20	petition is filed to terminate parental rights with regard to the child,
21	21	with at least one request being made not earlier than 30 days after the
22	22	estimated date of birth of the child; and (2) notify an individual
23	23	identified as a potential father by the registry search that the
24	24	individual's consent to termination of the parent-child relationship will
25	25	be irrevocably implied if the individual does not file a paternity action
26	26	with regard to the child. Provides that when considering an
27	27	out-of-home placement for the child during child in need of services
28	28	proceedings, if a court, the department, or the licensed child placing
29	29	agency is unable to locate a suitable and willing relative (or de facto
30	30	custodian, if applicable) with whom to place the child, the court or the
31	31	department shall consider placing the child with a prospective adoptive
32	32	parent before considering any other placement for the child. Requires
33	33	that a child's case plan include certain information.
34	34	Effective: July 1, 2025.
35	35	Lauer
36	36	January 13, 2025, read first time and referred to Committee on Judiciary.
37	37	2025 IN 1311—LS 7085/DI 148 Introduced
38	38	First Regular Session of the 124th General Assembly (2025)
39	39	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
40	40	Constitution) is being amended, the text of the existing provision will appear in this style type,
41	41	additions will appear in this style type, and deletions will appear in this style type.
42	42	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
43	43	provision adopted), the text of the new provision will appear in this style type. Also, the
44	44	word NEW will appear in that style type in the introductory clause of each SECTION that adds
45	45	a new provision to the Indiana Code or the Indiana Constitution.
46	46	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
47	47	between statutes enacted by the 2024 Regular Session of the General Assembly.
48	48	HOUSE BILL No. 1311
49	49	A BILL FOR AN ACT to amend the Indiana Code concerning
50	50	family law and juvenile law.
51	51	Be it enacted by the General Assembly of the State of Indiana:
52	52	1 SECTION 1. IC 31-34-2.5-2, AS AMENDED BY P.L.40-2024,
53	53	2 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
54	54	3 JULY 1, 2025]: Sec. 2. (a) Immediately after an emergency medical
55	55	4 services provider takes custody of a safe haven infant under section 1
56	56	5 of this chapter, the provider shall notify either:
57	57	6 (1) the department of child services; or
58	58	7 (2) a licensed child placing agency;
59	59	8 that the provider has taken custody of the safe haven infant.
60	60	9 (b) If notified under subsection (a), the department of child services
61	61	10 or a licensed child placing agency shall:
62	62	11 (1) assume the care, control, and custody of the safe haven infant
63	63	12 immediately after receiving notice under subsection (a);
64	64	13 (2) not later than forty-eight (48) hours after the department of
65	65	14 child services or a licensed child placing agency has taken
66	66	15 custody of the safe haven infant, contact the Indiana
67	67	16 clearinghouse for information on missing children, missing
68	68	17 veterans at risk, and missing endangered adults established by
69	69	2025 IN 1311—LS 7085/DI 148 2
70	70	1 IC 10-13-5-5 and the National Center for Missing and Exploited
71	71	2 Children to determine if the safe haven infant has been reported
72	72	3 missing; and
73	73	4 (3) not later than seventy-two (72) hours after the department
74	74	5 of child services or a licensed child placing agency has taken
75	75	6 custody of the child, contact each licensed child placing
76	76	7 agency in Indiana and request that the licensed child placing
77	77	8 agency inform the department of any suitable prospective
78	78	9 adoptive parent for the child known to the licensed child
79	79	10 placing agency; and
80	80	11 (3) (4) fifteen (15) days after the department of child services or
81	81	12 a licensed child placing agency has taken custody of the safe
82	82	13 haven infant, contact the National Center for Missing and
83	83	14 Exploited Children a second time to determine if the safe haven
84	84	15 infant has been reported missing.
85	85	16 SECTION 2. IC 31-34-2.5-7 IS ADDED TO THE INDIANA CODE
86	86	17 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
87	87	18 1, 2025]: Sec. 7. (a) When the department takes custody of a child
88	88	19 under this chapter, the department shall request that the Indiana
89	89	20 department of health conduct a search of the putative father
90	90	21 registry:
91	91	22 (1) before a petition for termination of parental rights is filed
92	92	23 with regard to the child; and
93	93	24 (2) not earlier than thirty (30) days after the estimated date of
94	94	25 birth of the child;
95	95	26 based on the information known to the department regarding the
96	96	27 child. The department may request one (1) or more additional
97	97	28 searches of the putative father registry with regard to the child at
98	98	29 any time after the department takes custody of the child.
99	99	30 (b) The department shall send to an individual identified as a
100	100	31 potential father by a search under subsection (a) notice:
101	101	32 (1) that a search of the putative father registry has identified
102	102	33 the individual as the potential father of a child taken into
103	103	34 custody under this chapter; and
104	104	35 (2) that the individual's consent to termination of the
105	105	36 parent-child relationship will be irrevocably implied if the
106	106	37 individual does not file a paternity action with regard to the
107	107	38 child as provided under IC 31-35-1-4.5;
108	108	39 before a petition for termination of parental rights is filed with
109	109	40 regard to the child.
110	110	41 SECTION 3. IC 31-34-6-2, AS AMENDED BY P.L.123-2014,
111	111	42 SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
112	112	2025 IN 1311—LS 7085/DI 148 3
113	113	1 JULY 1, 2025]: Sec. 2. (a) A juvenile court or the department shall
114	114	2 consider placing a child alleged to be a child in need of services:
115	115	3 (1) with a suitable and willing relative or de facto custodian of the
116	116	4 child; or
117	117	5 (2) if:
118	118	6 (A) the child was taken into emergency custody under
119	119	7 IC 31-34-2.5; and
120	120	8 (B) the:
121	121	9 (i) department; or
122	122	10 (ii) licensed child placing agency;
123	123	11 is unable to identify a suitable and willing relative or de
124	124	12 facto custodian under subdivision (1);
125	125	13 with a prospective adoptive parent, including a prospective
126	126	14 adoptive parent identified under IC 31-34-2.5-5;
127	127	15 before considering any other placement for the child.
128	128	16 (b) A juvenile court or the department shall consider placing a child
129	129	17 described in subsection (a) with a relative related by blood, marriage,
130	130	18 or adoption before considering any other placement of the child.
131	131	19 (c) Before a child is placed with a relative, or de facto custodian, or
132	132	20 prospective adoptive parent under subsection (a), a home evaluation
133	133	21 and background checks described in IC 31-34-4-2 are required.
134	134	22 SECTION 4. IC 31-34-15-4, AS AMENDED BY P.L.213-2021,
135	135	23 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
136	136	24 JULY 1, 2025]: Sec. 4. A child's case plan must be set out in a form
137	137	25 prescribed by the department that meets the specifications set by 45
138	138	26 CFR 1356.21. The case plan must include a description and discussion
139	139	27 of the following:
140	140	28 (1) A permanent plan, or two (2) permanent plans if concurrent
141	141	29 planning, for the child and an estimated date for achieving the
142	142	30 goal of the plan or plans.
143	143	31 (2) The appropriate placement for the child based on the child's
144	144	32 special needs and best interests.
145	145	33 (3) The least restrictive family-like setting that is close to the
146	146	34 home of the child's parent, custodian, or guardian if out-of-home
147	147	35 placement is recommended. If an out-of-home placement is
148	148	36 appropriate, the local office or department shall consider whether
149	149	37 a child in need of services should be placed:
150	150	38 (A) with the child's suitable and willing blood or adoptive
151	151	39 relative caretaker, including a grandparent, an aunt, an uncle,
152	152	40 or an adult sibling; before considering other out-of-home
153	153	41 placements for the child. or
154	154	42 (B) with a prospective adoptive parent, including a
155	155	2025 IN 1311—LS 7085/DI 148 4
156	156	1 prospective adoptive parent identified under
157	157	2 IC 31-34-2.5-5 if:
158	158	3 (i) the child was taken into emergency custody under
159	159	4 IC 31-34-2.5; and
160	160	5 (ii) the department is unable to identify a suitable and
161	161	6 willing blood or adoptive relative caretaker under clause
162	162	7 (A).
163	163	8 (4) Family services recommended for the child, parent, guardian,
164	164	9 or custodian.
165	165	10 (5) Efforts already made to provide family services to the child,
166	166	11 parent, guardian, or custodian.
167	167	12 (6) Efforts that will be made to provide family services that are
168	168	13 ordered by the court.
169	169	14 (7) If the parent of a child is incarcerated:
170	170	15 (A) the services and treatment available to the parent at the
171	171	16 facility at which the parent is incarcerated; and
172	172	17 (B) how the parent and the child may be afforded visitation
173	173	18 opportunities, unless visitation with the parent is not in the
174	174	19 best interests of the child.
175	175	20 (8) A plan for ensuring the educational stability of the child while
176	176	21 in foster care that includes assurances that the:
177	177	22 (A) placement of the child in foster care considers the
178	178	23 appropriateness of the current educational setting of the child
179	179	24 and the proximity to the school where the child is presently
180	180	25 enrolled;
181	181	26 (B) department has coordinated with local educational
182	182	27 agencies to ensure:
183	183	28 (i) the child remains in the school where the child is enrolled
184	184	29 at the time of removal; or
185	185	30 (ii) immediate, appropriate enrollment of the child in a
186	186	31 different school, including arrangements for the transfer of
187	187	32 the child's school records to the new school, if remaining in
188	188	33 the same school is not in the best interests of the child; and
189	189	34 (C) child's school has been invited, by the department, to
190	190	35 provide information and participate in the case plan process.
191	191	36 The school may be invited through its principal or other
192	192	37 representative identified by law.
193	193	38 (9) Any age appropriate activities that the child is interested in
194	194	39 pursuing.
195	195	40 (10) If the case plan is for a child in foster care who is at least
196	196	41 fourteen (14) years of age, the following:
197	197	42 (A) A document that describes the rights of the child with
198	198	2025 IN 1311—LS 7085/DI 148 5
199	199	1 respect to:
200	200	2 (i) education, health, visitation, and court participation;
201	201	3 (ii) the right to be provided with the child's medical
202	202	4 documents and other medical information; and
203	203	5 (iii) the right to stay safe and avoid exploitation.
204	204	6 (B) A signed acknowledgment by the child that the:
205	205	7 (i) child has been provided with a copy of the document
206	206	8 described in clause (A); and
207	207	9 (ii) rights contained in the document have been explained to
208	208	10 the individual in an age appropriate manner.
209	209	11 (11) Any efforts made by the department to enable the child's
210	210	12 school to provide appropriate support to and protect the safety of
211	211	13 the child, if, in developing the case plan, the department
212	212	14 coordinates with officials in the child's school to enable the school
213	213	15 to provide appropriate support to and protect the safety of the
214	214	16 child.
215	215	17 SECTION 5. IC 31-34-18-2, AS AMENDED BY P.L.210-2019,
216	216	18 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
217	217	19 JULY 1, 2025]: Sec. 2. (a) In addition to providing the court with a
218	218	20 recommendation for the care, treatment, or rehabilitation of the child,
219	219	21 the person preparing the report shall consider the necessity, nature, and
220	220	22 extent of the participation by a parent, guardian, or custodian in a
221	221	23 program of care, treatment, or rehabilitation for the child.
222	222	24 (b) If the department or caseworker believes that an out-of-home
223	223	25 placement would be appropriate for a child in need of services, the
224	224	26 department or caseworker shall:
225	225	27 (1) exercise due diligence to identify all adult relatives of the
226	226	28 child and adult siblings; and
227	227	29 (2) consider whether the child should be placed:
228	228	30 (A) with the child's suitable and willing blood or adoptive
229	229	31 relative caretaker, including a grandparent, an aunt, an uncle,
230	230	32 or an adult sibling; or
231	231	33 (B) if:
232	232	34 (i) the child was taken into emergency custody under
233	233	35 IC 31-34-2.5; and
234	234	36 (ii) the department is unable to identify a suitable and
235	235	37 willing blood or adoptive relative caretaker under clause
236	236	38 (A);
237	237	39 with a prospective adoptive parent, including a prospective
238	238	40 adoptive parent identified under IC 31-34-2.5-5;
239	239	41 before considering other out-of-home placements for the child.
240	240	42 SECTION 6. IC 31-34-19-7, AS AMENDED BY P.L.210-2019,
241	241	2025 IN 1311—LS 7085/DI 148 6
242	242	1 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
243	243	2 JULY 1, 2025]: Sec. 7. (a) In addition to the factors under section 6 of
244	244	3 this chapter, if the court enters a dispositional decree regarding a child
245	245	4 in need of services that includes an out-of-home placement, the court
246	246	5 shall:
247	247	6 (1) order the department to continue exercising due diligence to
248	248	7 identify:
249	249	8 (A) all adult relatives of the child and adult siblings; and
250	250	9 (B) if the child was taken into emergency custody under
251	251	10 IC 31-34-2.5, prospective adoptive parents, including
252	252	11 prospective adoptive parents identified under
253	253	12 IC 31-34-2.5-5;
254	254	13 who may be considered as out-of-home placements for the child
255	255	14 until the child has been in an out-of-home placement for at least
256	256	15 twelve (12) months; and
257	257	16 (2) consider whether the child should be placed:
258	258	17 (A) with the child's suitable and willing relative; or
259	259	18 (B) if:
260	260	19 (i) the child was taken into emergency custody under
261	261	20 IC 31-34-2.5; and
262	262	21 (ii) the department is unable to identify a suitable and
263	263	22 willing relative under clause (A);
264	264	23 with a prospective adoptive parent, including a prospective
265	265	24 adoptive parent identified under IC 31-34-2.5-5;
266	266	25 before considering other out-of-home placements for the child.
267	267	26 (b) A juvenile court shall consider placing a child described in
268	268	27 subsection (a) with a relative related by blood, marriage, or adoption
269	269	28 before considering any other placement of the child.
270	270	29 (c) Before a child is placed with a relative or de facto custodian, a
271	271	30 home evaluation and background checks described in IC 31-34-4-2 are
272	272	31 required.
273	273	32 SECTION 7. IC 31-35-1-4.5, AS AMENDED BY P.L.1-2010,
274	274	33 SECTION 126, IS AMENDED TO READ AS FOLLOWS
275	275	34 [EFFECTIVE JULY 1, 2025]: Sec. 4.5. The putative father's consent
276	276	35 to the termination of the parent-child relationship is irrevocably
277	277	36 implied without further court action if the father:
278	278	37 (1) fails to file a paternity action under IC 31-14 or in a court
279	279	38 located in another state that is competent to obtain jurisdiction
280	280	39 over the paternity action, not more than thirty (30) days after
281	281	40 receiving:
282	282	41 (A) actual notice under IC 31-19-3 of the mother's intent to
283	283	42 proceed with an adoptive placement of the child, regardless of
284	284	2025 IN 1311—LS 7085/DI 148 7
285	285	1 whether:
286	286	2 (A) (i) the child is born before or after the expiration of the
287	287	3 thirty (30) day period; or
288	288	4 (B) (ii) a petition for adoption or for the termination of the
289	289	5 parent-child relationship is filed; or
290	290	6 (B) notice under IC 31-34-2.5-7; or
291	291	7 (2) files a paternity action:
292	292	8 (A) under IC 31-14; or
293	293	9 (B) in a court located in another state that is competent to
294	294	10 obtain jurisdiction over the paternity action;
295	295	11 during the thirty (30) day period prescribed by subdivision (1) and
296	296	12 fails to establish paternity in the paternity proceeding within a
297	297	13 reasonable period determined under IC 31-14-21-9 through
298	298	14 IC 31-14-21-9.2 or the laws applicable to a court of another state
299	299	15 when the court obtains jurisdiction over the paternity action.
300	300	2025 IN 1311—LS 7085/DI 148