Introduced Version
HOUSE BILL No. 1526
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 31-26-7; IC 31-33-15-1; IC 31-34.
Synopsis: Children in need of services. Provides that when the
department of child services (department) enters into a contract with a
provider to provide services under the department's community
partners for child safety program, the contract must require the
provider to: (1) submit monthly reports to the department regarding the
progress of an individual receiving services from the provider; and (2)
immediately report to the department under specified circumstances.
Requires a court in an action regarding a report of child abuse or
neglect or an action regarding a petition alleging that a child is a child
in need of services (CHINS action) to appoint a guardian ad litem or
court appointed special advocate, or both, if the court finds that there
is a documented history of: (1) chronic abuse of alcohol or a controlled
substance by; or (2) substantiated allegations of physical or sexual
abuse having been committed by; the child's parent, guardian, or
custodian. Provides that evidence that a child's parent, guardian, or
custodian is actively engaged in chronic use of a controlled substance
creates a rebuttable presumption that the child's physical or mental
health is seriously endangered for purposes of finding that the child is
a child in need of services. Provides that if the court in a CHINS action
finds that a child is a child in need of services and that the child's
parent, guardian, or custodian is actively engaged in chronic use of a
controlled substance: (1) there is a rebuttable presumption that removal
of the child from the child's home is in the child's best interests; and (2)
the dispositional decree entered by the court must require the parent,
guardian, or custodian to: (A) participate in drug abuse treatment
services; and (B) submit to routine, randomly scheduled drug testing.
Effective: July 1, 2025.
DeVon
January 21, 2025, read first time and referred to Committee on Judiciary.
2025 IN 1526—LS 7655/DI 119 Introduced
First Regular Session of the 124th General Assembly (2025)
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 2024 Regular Session of the General Assembly.
HOUSE BILL No. 1526
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 31-26-7 IS ADDED TO THE INDIANA CODE AS
2 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2025]:
4 Chapter 7. Community Partners for Child Safety
5 Sec. 1. As used in this chapter, "community partners for child
6 safety" refers to the department's provision of voluntary child
7 abuse and neglect prevention services to individuals through a
8 regionally organized network of contracted service providers, with
9 a primary emphasis on provision of services to families that do not
10 include a child who is subject to a child in need of services
11 proceeding or delinquency proceeding.
12 Sec. 2. As used in this chapter, "CPCS provider" means a
13 service provider with which the department contracts to provide
14 services under the department's community partners for child
15 safety program.
16 Sec. 3. The department shall require in a contract entered into
17 with a CPCS provider that the CPCS provider must:
2025 IN 1526—LS 7655/DI 119 2
1 (1) submit monthly reports to the department regarding the
2 progress of an individual receiving services from the CPCS
3 provider under the contract; and
4 (2) immediately report to the department the existence of
5 circumstances in which:
6 (A) an individual receiving services from the CPCS
7 provider is not substantively participating in the services;
8 and
9 (B) the individual presents an immediate risk to the safety
10 of a child.
11 SECTION 2. IC 31-33-15-1 IS AMENDED TO READ AS
12 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 1. In every judicial
13 proceeding under this article, the court:
14 (1) may appoint for the child a guardian ad litem or a court
15 appointed special advocate, or both, under IC 31-32-3; and
16 (2) shall appoint for the child a guardian ad litem or a court
17 appointed special advocate, or both, under IC 31-32-3 if the
18 court finds that there is a documented history of:
19 (A) chronic abuse of alcohol or a controlled substance by;
20 or
21 (B) substantiated allegations of physical or sexual abuse
22 having been committed by;
23 the child's parent, guardian, or custodian.
24 SECTION 3. IC 31-34-1-2, AS AMENDED BY P.L.172-2022,
25 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26 JULY 1, 2025]: Sec. 2. (a) A child is a child in need of services if
27 before the child becomes eighteen (18) years of age:
28 (1) the child's physical or mental health is seriously endangered
29 due to injury by the act or omission of the child's parent, guardian,
30 or custodian; and
31 (2) the child needs care, treatment, or rehabilitation that:
32 (A) the child is not receiving; and
33 (B) is unlikely to be provided or accepted without the coercive
34 intervention of the court.
35 (b) A child is a child in need of services if, before the child becomes
36 eighteen (18) years of age:
37 (1) the child is a victim of:
38 (A) an offense under IC 35-42-1-2.5;
39 (B) an offense under IC 35-42-2-1;
40 (C) an offense under IC 35-42-2-1.3;
41 (D) an offense under IC 35-42-2-1.5;
42 (E) an offense under IC 35-42-2-9;
2025 IN 1526—LS 7655/DI 119 3
1 (F) an offense under IC 35-42-2-10; or
2 (G) an offense under IC 35-46-1-4;
3 (2) the offense described in subdivision (1) was committed by the
4 parent, guardian, or custodian of the child; and
5 (3) the child needs care, treatment, or rehabilitation that:
6 (A) the child is not receiving; and
7 (B) is unlikely to be provided or accepted without the coercive
8 intervention of the court.
9 (c) A child is a child in need of services if, before the child becomes
10 eighteen (18) years of age, the child:
11 (1) lives in the same household as an adult who:
12 (A) committed:
13 (i) an offense described in subsection (b)(1); or
14 (ii) an offense under IC 35-42-1-1, IC 35-42-1-2,
15 IC 35-42-1-3, IC 35-42-1-4, or IC 35-42-1-5;
16 against another child who lives in the household and the
17 offense resulted in a conviction or a judgment under
18 IC 31-34-11-2; or
19 (B) has been charged with committing an offense described in
20 clause (A) against another child who lives in the household
21 and is awaiting trial; and
22 (2) needs care, treatment, or rehabilitation that:
23 (A) the child is not receiving; and
24 (B) is unlikely to be provided or accepted without the coercive
25 intervention of the court.
26 (d) Evidence that:
27 (1) the child's parent, guardian, or custodian is actively
28 engaged in chronic use of a controlled substance; or
29 (2) the illegal manufacture of a drug or controlled substance is
30 occurring on property where a child resides;
31 creates a rebuttable presumption that the child's physical or mental
32 health is seriously endangered.
33 SECTION 4. IC 31-34-10-3, AS AMENDED BY P.L.86-2018,
34 SECTION 220, IS AMENDED TO READ AS FOLLOWS
35 [EFFECTIVE JULY 1, 2025]: Sec. 3. Before complying with the other
36 requirements of this chapter, the juvenile court shall first determine
37 whether the following conditions make it appropriate to appoint a
38 guardian ad litem or a court appointed special advocate, or both, for the
39 child:
40 (1) If the child is alleged to be a child in need of services:
41 (A) under IC 31-34-1-6;
42 (B) under IC 31-34-1-10 or IC 31-34-1-11;
2025 IN 1526—LS 7655/DI 119 4
1 (C) due to the inability, refusal, or neglect of the child's parent,
2 guardian, or custodian to supply the child with the necessary
3 medical care; or
4 (D) because the location of both of the child's parents is
5 unknown;
6 the court shall appoint a guardian ad litem or court appointed
7 special advocate, or both, for the child.
8 (2) If the child is alleged to be a child in need of services under:
9 (A) IC 31-34-1-1;
10 (B) IC 31-34-1-2;
11 (C) IC 31-34-1-3;
12 (D) IC 31-34-1-3.5;
13 (E) IC 31-34-1-4;
14 (F) IC 31-34-1-5;
15 (G) IC 31-34-1-7; or
16 (H) IC 31-34-1-8;
17 the court shall appoint a guardian ad litem, court appointed
18 special advocate, or both, for the child.
19 (3) If the parent, guardian, or custodian of a child denies the
20 allegations of a petition under section 6 of this chapter, the court
21 shall appoint a guardian ad litem, court appointed special
22 advocate, or both, for the child.
23 (4) If the court finds that there is a documented history of:
24 (A) chronic abuse of alcohol or a controlled substance by;
25 or
26 (B) substantiated allegations of physical or sexual abuse
27 having been committed by;
28 the child's parent, guardian, or custodian, the court shall
29 appoint a guardian ad litem, court appointed special advocate,
30 or both, for the child.
31 SECTION 5. IC 31-34-20-1, AS AMENDED BY P.L.172-2022,
32 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33 JULY 1, 2025]: Sec. 1. (a) Subject to this section and section sections
34 1.5 and 1.7 of this chapter, if a child is a child in need of services, the
35 juvenile court may enter one (1) or more of the following dispositional
36 decrees:
37 (1) Order supervision of the child by the department.
38 (2) Order the child to receive outpatient treatment:
39 (A) at a social service agency or a psychological, a psychiatric,
40 a medical, or an educational facility; or
41 (B) from an individual practitioner.
42 (3) Remove the child from the child's home and authorize the
2025 IN 1526—LS 7655/DI 119 5
1 department to place the child in another home, shelter care
2 facility, child caring institution, group home, or secure private
3 facility. Placement under this subdivision includes authorization
4 to control and discipline the child.
5 (4) Award wardship of the child to the department for
6 supervision, care, and placement.
7 (5) Partially or completely emancipate the child under section 6
8 of this chapter.
9 (6) Order the child's parent, guardian, or custodian to complete
10 services recommended by the department and approved by the
11 court under IC 31-34-18 and IC 31-34-19, which may include
12 services described in section 3(a) of this chapter.
13 (7) Order a person who is a party to refrain from direct or indirect
14 contact with the child.
15 (8) Order a perpetrator of child abuse or neglect to refrain from
16 returning to the child's residence.
17 (b) A juvenile court may not place a child in a home or facility that
18 is located outside Indiana unless:
19 (1) the placement is recommended or approved by the director of
20 the department or the director's designee; or
21 (2) the juvenile court makes written findings based on clear and
22 convincing evidence that:
23 (A) the out-of-state placement is appropriate because there is
24 not an equivalent facility with adequate services located in
25 Indiana;
26 (B) institutional care in the other jurisdiction is in the best
27 interest of the child and will not produce undue hardship; or
28 (C) the location of the home or facility is within a distance not
29 greater than fifty (50) miles from the county of residence of
30 the child.
31 (c) If a dispositional decree under this section:
32 (1) orders or approves removal of a child from the child's home or
33 awards wardship of the child to the department; and
34 (2) is the first juvenile court order in the child in need of services
35 proceeding that authorizes or approves removal of the child from
36 the child's parent, guardian, or custodian;
37 the juvenile court shall include in the decree the appropriate findings
38 and conclusions described in IC 31-34-5-3(b) and IC 31-34-5-3(c).
39 SECTION 6. IC 31-34-20-1.7 IS ADDED TO THE INDIANA
40 CODE AS A NEW SECTION TO READ AS FOLLOWS
41 [EFFECTIVE JULY 1, 2025]: Sec. 1.7. (a) This section applies if a
42 court finds that:
2025 IN 1526—LS 7655/DI 119 6
1 (1) a child is a child in need of services; and
2 (2) the child's parent, guardian, or custodian is actively
3 engaged in chronic use of a controlled substance.
4 (b) If a court makes the findings described in subsection (a):
5 (1) there is a rebuttable presumption that removal of the child
6 from the child's home under section 1(a)(3) or 1(a)(4) of this
7 chapter is in the child's best interests; and
8 (2) the court shall include in the dispositional decree an order
9 requiring the parent, guardian, or custodian to:
10 (A) participate in drug abuse treatment services; and
11 (B) submit to routine drug testing on a random schedule
12 determined by the department;
13 until the conclusion of the child in need of services proceeding
14 or until the court finds that the parent, guardian, or custodian
15 is no longer actively engaged in chronic use of a controlled
16 substance, whichever occurs first.
2025 IN 1526—LS 7655/DI 119