Introduced Version
HOUSE BILL No. 1605
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 12-8-1.5-6.1; IC 31-9-2; IC 31-10-2-1;
IC 31-32; IC 31-34; IC 31-35.
Synopsis: Juvenile law matters. Requires the family and social
services administration to provide address information to the
department of child services (department) under specified
circumstances. Provides that it is the policy of the state of Indiana and
the purpose of Indiana family and juvenile law to: (1) recognize the
responsibility of the state and of the department for the safety of
children who are abused or neglected; (2) recognize that a parent's
interest in receiving services at the time and expense of the state for
purposes of reunification is limited; (3) promote the safety of all
children involved in the juvenile justice system; and (4) ensure timely
placement of children in foster care into permanent homes. Provides
that a procedural deadline in a: (1) child in need of services (CHINS)
proceeding; or (2) termination of parent-child relationship (TPR)
proceeding; is not subject to waiver, whether affirmative or implied, by
a party to the proceeding. Provides that an individual with whom a
child is placed during CHINS proceedings is entitled to attend, in its
entirety, any hearing conducted as part of: (1) the CHINS proceedings;
or (2) TPR proceedings resulting from a TPR petition filed with regard
to the child during the CHINS proceedings. Provides that a court shall
allow an individual who is providing care and supervision of a child as:
(1) a foster parent; (2) a long term foster parent; or (3) an unlicensed
kinship caregiver; at the time the child is the subject of a CHINS
proceeding or TPR proceeding to intervene as a party during any stage
of the proceeding if the court makes specified findings. Provides that
a court shall allow an individual who is providing care and supervision
for a child to intervene in a TPR proceeding concerning the child.
(Continued next page)
Effective: July 1, 2025.
McGuire
January 21, 2025, read first time and referred to Committee on Judiciary.
2025 IN 1605—LS 7589/DI 119 Digest Continued
Provides that a child is a CHINS if, before the child becomes 18 years
of age: (1) the child's physical or mental health is seriously endangered
due to failure of the child's parent, guardian, or custodian to protect the
child from exposure to the use, possession, sale, or manufacture of
illegal drugs; and (2) the child needs care, treatment, or rehabilitation
that the child is not receiving and is unlikely to be provided or accepted
without the coercive intervention of the court. Removes a rebuttable
presumption in current law that a child's physical or mental health is
seriously endangered based on evidence of illegal manufacture of a
drug or controlled substance occurring at the child's residence and
provides that there is a rebuttable presumption that a child is a CHINS
if the court finds that the child's parent, guardian, or custodian willfully
or knowingly: (1) exposed the child to the illegal manufacture or
distribution of a legend drug or controlled substance; or (2) exposed the
child to: (A) methamphetamine; (B) fentanyl; or (C) a fentanyl
containing substance; for which the parent, guardian, or custodian did
not have a valid prescription. Amends the factors a court must consider
when determining whether to detain a child who has been removed
from the child's parent, guardian, or custodian to include considerations
relating to exposure of the child to a fentanyl containing substance or
fentanyl related substance. Provides that the rights of the: (1) child; (2)
child's parents, guardian, or custodian; (3) department; and (4)
guardian ad litem or court appointed special advocate; as parties to a
proceeding regarding the child under Indiana juvenile law include
rights of discovery, subpoena, examination of witnesses, and
presentation of evidence at any hearing in the proceeding. Provides that
the statutory deadline for holding of a factfinding hearing in a CHINS
proceeding may be extended if the court finds that the extension is
necessitated by unanticipated, emergent circumstances. Provides that
there is a rebuttable presumption that a child is a CHINS if the court
finds that the child lives in the same household as an adult who is
subject to an order issued in a CHINS proceeding that requires the
adult to participate in a program of care, treatment, or rehabilitation.
Adds factors that a court must consider in determining appropriate
reunification services in which a child's parent, guardian, or custodian
will be required to participate under the child's dispositional decree.
Provides that: (1) a dispositional decree that: (A) is entered under
specified circumstances; and (B) requires a parent, guardian, or
custodian to complete reunification services; may not provide for the
parent, guardian, or custodian to receive the reunification services for
more than a specified length of time, subject to extension for specified
causes; and (2) a court reviewing the dispositional decree shall
consider the amount of time remaining for the parent, guardian, or
custodian to complete the reunification services. Specifies that the
requirement that a court reviewing a dispositional decree must
determine whether the department has made reasonable efforts to
provide family services does not apply if a finding has been made that
reasonable efforts for family preservation or reunification are not
required. Provides that in determining the extent to which reasonable
efforts to reunify or preserve a family are appropriate, the child's
welfare (in addition to the child's health and safety, under current law)
is of paramount concern. Provides that the department, before
reunifying a child with the child's parent, guardian, or custodian, shall
(rather than may, under current law): (1) conduct a criminal history
check of: (A) the parent, guardian, or custodian; and (B) any household
member of the parent, guardian, or custodian; and (2) use the results of
the criminal history check to decide whether it is safe for the child to
return home. Requires a court to hold a permanency hearing for a child:
(1) who has been removed from the child's parent, guardian, or
(Continued next page)
2025 IN 1605—LS 7589/DI 1192025 IN 1605—LS 7589/DI 119 Digest Continued
custodian for at least 12 months; or (2) with regard to whom at least 12
months have expired since a dispositional decree was entered; at the
request of any party to the CHINS proceeding that requests a
permanency hearing on the basis that continuation of efforts to reunify
or preserve the child's family are inconsistent with the best interests of
the child. Provides that if a child has, at the time of a permanency
hearing, been removed from the child's parent for at least 12 of the
most recent 22 months, the permanency plan for the child must include
at least one intended permanent or long term arrangement for care and
custody of the child that would not return the child to the care and
custody of the parent, guardian, or custodian from whose care and
custody the child has been removed. Provides that if a child is less than
16 years of age, the intended permanent or long-term arrangement for
care and custody of the child may be guardianship or placement with
a permanent custodian only if the proposed guardian or custodian
appears before the court and testifies as to the individual's willingness
to assume custody of the child. Provides that: (1) if a court approves a
permanency plan for a child who is a CHINS under which adoption is
the only intended permanent or long term arrangement for care and
custody of the child, the department shall publish specified information
regarding the child to facilitate adoption of the child; and (2) the
information published by the department to facilitate adoption of a
child who is: (A) a CHINS; and (B) a hard to place child; may include
the child's first name and picture. Requires a court to hold an initial
hearing on a TPR petition not later than 30 days after the petition is
filed. Provides that under specified circumstances, a TPR petition
regarding a child and the child's parent: (1) must be filed by the
department; and (2) may be filed by: (A) the child's guardian ad litem
or court appoint special advocate; or (B) an individual: (i) with whom
the child is placed during the CHINS proceedings; and (ii) who is an
intervenor in the CHINS proceedings. Amends the allegations that may
be asserted in a TPR petition. Removes a provision requiring a person
that files a TPR petition to also file a: (1) copy of the order approving
the permanency plan for the child; or (2) permanency plan for the child.
Provides that the deadline for holding a hearing regarding a TPR
petition may be extended if the court finds that extension of the
deadline is necessitated by unanticipated, emergent circumstances.
2025 IN 1605—LS 7589/DI 1192025 IN 1605—LS 7589/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. 1605
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 12-8-1.5-6.1 IS ADDED TO THE INDIANA
2 CODE AS A NEW SECTION TO READ AS FOLLOWS
3 [EFFECTIVE JULY 1, 2025]: Sec. 6.1. The office of the secretary
4 shall, immediately upon request by the department of child
5 services, provide to the department of child services address
6 information that is maintained by the office of the secretary and
7 that is necessary for the department of child services to:
8 (1) respond to a report of suspected child abuse or neglect
9 under IC 31-33; or
10 (2) take action concerning a child with regard to whom
11 exigent circumstances (as defined by IC 31-9-2-44.1) exist.
12 SECTION 2. IC 31-9-2-45.5 IS ADDED TO THE INDIANA CODE
13 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
14 1, 2025]: Sec. 45.5. "Fentanyl containing substance", for purposes
15 of the juvenile law, has the meaning set forth in IC 35-31.5-2-130.6.
2025 IN 1605—LS 7589/DI 119 2
1 SECTION 3. IC 31-9-2-45.6 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2025]: Sec. 45.6. "Fentanyl related substance", for purposes of
4 the juvenile law, has the meaning set forth in IC 35-31.5-2-130.5.
5 SECTION 4. IC 31-9-2-51 IS AMENDED TO READ AS
6 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 51. "Hard to place
7 child" or "hard to place children", for purposes of IC 31-19 and
8 IC 31-34, means a child who is or children who are disadvantaged:
9 (1) because of:
10 (A) ethnic background;
11 (B) race;
12 (C) color;
13 (D) language;
14 (E) physical, mental, or medical disability; or
15 (F) age; or
16 (2) because the child or children are members of a sibling group
17 that should be placed in the same home.
18 SECTION 5. IC 31-10-2-1, AS AMENDED BY P.L.45-2024,
19 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
20 JULY 1, 2025]: Sec. 1. It is the policy of this state and the purpose of
21 this title to:
22 (1) recognize the importance of family and children in our society,
23 including the parenting rights of a parent, regardless of whether
24 the parent has a disability;
25 (2) recognize the responsibility of the state to enhance the
26 viability of children and family in our society;
27 (3) acknowledge the responsibility each person owes to the other;
28 (4) recognize the responsibility of the state and of the
29 department of child services for the safety of children who are
30 abused or neglected;
31 (4) (5) strengthen family life by assisting parents to fulfill their
32 parental obligations while recognizing that a parent's interest
33 in receiving services at the time and expense of the state for
34 purposes of reunification is limited as set forth in
35 IC 31-34-20-1.6;
36 (5) (6) promote the safety of all children involved in the
37 juvenile justice system and ensure that children within the
38 juvenile justice system are treated as persons in need of care,
39 protection, treatment, and rehabilitation;
40 (6) (7) remove children from families only when it is in the child's
41 best interest or in the best interest of public safety;
42 (8) ensure timely placement of children in foster care into
2025 IN 1605—LS 7589/DI 119 3
1 permanent homes;
2 (7) (9) make reasonable efforts to support and facilitate two-way
3 communication between a child's parent or parents and any
4 licensed foster parent or kinship caregiver caring for the child
5 following removal by the department of child services;
6 (8) (10) provide for adoption as a viable permanency plan for
7 children who are adjudicated children in need of services;
8 (9) (11) provide a juvenile justice system that protects the public
9 by enforcing the legal obligations that children have to society
10 and society has to children;
11 (10) (12) use diversionary programs when appropriate;
12 (11) (13) provide a judicial procedure that:
13 (A) ensures fair hearings;
14 (B) recognizes and enforces the legal rights of children and
15 their parents; and
16 (C) recognizes and enforces the accountability of children and
17 parents;
18 (12) (14) promote public safety and individual accountability by
19 the imposition of appropriate sanctions; and
20 (13) (15) provide a continuum of services developed in a
21 cooperative effort by local governments and the state.
22 SECTION 6. IC 31-32-1-5 IS ADDED TO THE INDIANA CODE
23 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
24 1, 2025]: Sec. 5. A procedural deadline set forth in:
25 (1) IC 31-34 with regard to a child in need of services
26 proceeding; or
27 (2) IC 31-35 with regard to a proceeding to terminate the
28 parent-child relationship;
29 is not subject to waiver, whether affirmative or implied, by a party
30 to the proceeding.
31 SECTION 7. IC 31-32-2-3.5 IS ADDED TO THE INDIANA CODE
32 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
33 1, 2025]: Sec. 3.5. An individual with whom a child is placed during
34 child in need of services proceedings regarding the child is entitled
35 to attend, in its entirety, any hearing conducted as part of:
36 (1) the child in need of services proceedings; or
37 (2) proceedings to terminate the parent-child relationship
38 resulting from a petition filed with regard to the child under
39 IC 31-35-2-4 during the child in need of services proceedings.
40 SECTION 8. IC 31-32-2.5-1, AS AMENDED BY P.L.46-2024,
41 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42 JULY 1, 2025]: Sec. 1. (a) Except as provided in subsection (b) and
2025 IN 1605—LS 7589/DI 119 4
1 subject to this chapter, an individual who is providing care and
2 supervision of a child as:
3 (1) a foster parent;
4 (2) a long term foster parent; or
5 (3) a person who has been a foster parent; or
6 (4) (3) an unlicensed kinship caregiver;
7 of a child may petition the court to request intervention as a party
8 during any stage of at the time the child is the subject of a child in
9 need of services proceeding under IC 31-34 or a termination of
10 parent-child relationship proceeding under IC 31-35 concerning the
11 child may intervene as a party during any stage of the proceeding
12 if the individual files a petition to intervene with the court and the
13 court makes the findings described in section 3 of this chapter.
14 (b) Any person described in subsection (a) who has been:
15 (1) the subject of a substantiated report of child abuse or neglect;
16 or
17 (2) convicted of a nonwaivable offense, as defined in
18 IC 31-9-2-84.8;
19 may not petition the court to intervene under this chapter.
20 SECTION 9. IC 31-32-2.5-3, AS ADDED BY P.L.210-2019,
21 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
22 JULY 1, 2025]: Sec. 3. (a) A court shall grant a petition to intervene
23 filed under this chapter if the court determines that intervention by the
24 petitioner is in the best interests of the child.
25 (b) A court shall grant a petition filed under this chapter
26 requesting intervention in a child in need of services proceeding
27 under IC 31-34 concerning a child for whom the petitioner is
28 providing care and supervision if the court determines that:
29 (1) the petitioner has provided care and supervision for the
30 child for at least twelve (12) months following the initial
31 removal of the child from the home of the child's parent,
32 guardian, or custodian, regardless of whether the twelve (12)
33 months during which the petitioner has provided care and
34 supervision for the child were consecutive;
35 (2) a petition to terminate the parent-child relationship has
36 been filed with regard to the child; or
37 (3) the child has been removed from the home of the child's
38 parent, guardian, or custodian for at least twelve (12) months
39 and the petitioner has filed a petition for adoption or
40 guardianship of the child.
41 (c) A court shall grant a petition filed under this chapter
42 requesting intervention in a termination of parent-child
2025 IN 1605—LS 7589/DI 119 5
1 relationship proceeding under IC 31-35 concerning a child for
2 whom the petitioner is providing care and supervision.
3 SECTION 10. IC 31-34-1-2, AS AMENDED BY P.L.172-2022,
4 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5 JULY 1, 2025]: Sec. 2. (a) A child is a child in need of services if
6 before the child becomes eighteen (18) years of age:
7 (1) the child's physical or mental health is seriously endangered
8 due to injury by the act or omission of the child's parent, guardian,
9 or custodian, including failure of the child's parent, guardian,
10 or custodian to protect the child from exposure to the use,
11 possession, sale, or manufacture of illegal drugs; and
12 (2) the child needs care, treatment, or rehabilitation that:
13 (A) the child is not receiving; and
14 (B) is unlikely to be provided or accepted without the coercive
15 intervention of the court.
16 (b) A child is a child in need of services if, before the child becomes
17 eighteen (18) years of age:
18 (1) the child is a victim of:
19 (A) an offense under IC 35-42-1-2.5;
20 (B) an offense under IC 35-42-2-1;
21 (C) an offense under IC 35-42-2-1.3;
22 (D) an offense under IC 35-42-2-1.5;
23 (E) an offense under IC 35-42-2-9;
24 (F) an offense under IC 35-42-2-10; or
25 (G) an offense under IC 35-46-1-4;
26 (2) the offense described in subdivision (1) was committed by the
27 parent, guardian, or custodian of the child; and
28 (3) the child needs care, treatment, or rehabilitation that:
29 (A) the child is not receiving; and
30 (B) is unlikely to be provided or accepted without the coercive
31 intervention of the court.
32 (c) A child is a child in need of services if, before the child becomes
33 eighteen (18) years of age, the child:
34 (1) lives in the same household as an adult who:
35 (A) committed:
36 (i) an offense described in subsection (b)(1); or
37 (ii) an offense under IC 35-42-1-1, IC 35-42-1-2,
38 IC 35-42-1-3, IC 35-42-1-4, or IC 35-42-1-5;
39 against another child who lives in the household and the
40 offense resulted in a conviction or a judgment under
41 IC 31-34-11-2; or
42 (B) has been charged with committing an offense described in
2025 IN 1605—LS 7589/DI 119 6
1 clause (A) against another child who lives in the household
2 and is awaiting trial; and
3 (2) needs care, treatment, or rehabilitation that:
4 (A) the child is not receiving; and
5 (B) is unlikely to be provided or accepted without the coercive
6 intervention of the court.
7 (d) Evidence that the illegal manufacture of a drug or controlled
8 substance is occurring on property where a child resides creates a
9 rebuttable presumption that the child's physical or mental health is
10 seriously endangered.
11 SECTION 11. IC 31-34-5-3, AS AMENDED BY P.L.146-2008,
12 SECTION 580, IS AMENDED TO READ AS FOLLOWS
13 [EFFECTIVE JULY 1, 2025]: Sec. 3. (a) The juvenile court shall
14 release the child to the child's parent, guardian, or custodian. However,
15 the court may order the child detained if the court makes written
16 findings of fact upon the record of probable cause to believe that the
17 child is a child in need of services and that any of the following
18 factors applies:
19 (1) Detention is necessary to protect the child.
20 (2) The child is unlikely to appear before the juvenile court for
21 subsequent proceedings.
22 (3) The child has a reasonable basis for requesting that the child
23 not be released.
24 (4) The parent, guardian, or custodian:
25 (A) cannot be located; or
26 (B) is unable or unwilling to take custody of the child. or
27 (5) Consideration for the safety of the child precludes the use of
28 family services to prevent removal of the child. In considering
29 this factor, the court shall:
30 (A) give great weight to evidence:
31 (i) of the presence in the child's residence of; or
32 (ii) that the child has been exposed to;
33 a fentanyl containing substance or fentanyl related
34 substance for which the child's parent, guardian, or
35 custodian does not have a valid prescription; and
36 (B) evaluate whether the evidence described in clause (A)(i)
37 or (A)(ii) necessitates removal in consideration of the
38 following factors:
39 (i) The age of the child.
40 (ii) Whether the child is particularly vulnerable to the
41 harmful effects of the fentanyl containing substance or
42 fentanyl related substance due to the child's medical or
2025 IN 1605—LS 7589/DI 119 7
1 developmental condition.
2 (iii) The risk of the child accidentally ingesting the
3 fentanyl containing substance or fentanyl related
4 substance.
5 (b) The juvenile court shall include in any order approving or
6 requiring detention of a child all findings and conclusions required
7 under:
8 (1) applicable provisions of Title IV-E of the federal Social
9 Security Act (42 U.S.C. 670 et seq.); or
10 (2) any applicable federal regulation, including 45 CFR 1356.21;
11 as a condition of eligibility of a child in need of services for assistance
12 under Title IV-E or any other federal law.
13 (c) Inclusion in a juvenile court order of language approved and
14 recommended by the judicial conference of Indiana, in relation to:
15 (1) removal from the child's home; or
16 (2) detention;
17 of a child who is alleged to be, or adjudicated as, a child in need of
18 services constitutes compliance with subsection (b).
19 SECTION 12. IC 31-34-9-7, AS AMENDED BY P.L.145-2006,
20 SECTION 295, IS AMENDED TO READ AS FOLLOWS
21 [EFFECTIVE JULY 1, 2025]: Sec. 7. The:
22 (1) child;
23 (2) child's parents, guardian, or custodian;
24 (3) department; and
25 (4) guardian ad litem or court appointed special advocate;
26 are parties to the proceedings described in the juvenile law and have all
27 rights of parties under the Indiana Rules of Trial Procedure, including
28 rights of discovery, subpoena, examination of witnesses, and
29 presentation of evidence at any hearing, including a fact finding
30 hearing.
31 SECTION 13. IC 31-34-11-1, AS AMENDED BY P.L.48-2012,
32 SECTION 59, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33 JULY 1, 2025]: Sec. 1. (a) Except as provided in subsection (b), unless
34 the allegations of a petition have been admitted, the juvenile court shall
35 complete a factfinding hearing not more than sixty (60) days after a
36 petition alleging that a child is a child in need of services is filed in
37 accordance with IC 31-34-9.
38 (b) The juvenile court may extend the time to complete a factfinding
39 hearing, as described in subsection (a), for an additional sixty (60) days
40 if all parties in the action consent to the additional time.
41 (c) If the factfinding hearing is not held immediately after the initial
42 hearing as provided under IC 31-34-10-9, the department shall provide
2025 IN 1605—LS 7589/DI 119 8
1 notice of any factfinding hearing to each foster parent or other
2 caretaker with whom the child has been placed for temporary care. The
3 court shall provide a person who is required to be notified under this
4 subsection an opportunity to be heard at the factfinding hearing.
5 (d) If the factfinding hearing is not held within the time set forth in
6 subsection (a) or (b), upon a motion with the court, the court shall
7 dismiss the case without prejudice unless the court finds that the
8 extension is necessitated by unanticipated, emergent
9 circumstances.
10 SECTION 14. IC 31-34-12-4.6 IS ADDED TO THE INDIANA
11 CODE AS A NEW SECTION TO READ AS FOLLOWS
12 [EFFECTIVE JULY 1, 2025]: Sec. 4.6. (a) There is a rebuttable
13 presumption that a child is a child in need of services if the court
14 finds that the child lives in the same household as an adult who is
15 subject to an order requiring the adult to participate in a program
16 of care, treatment, or rehabilitation under IC 31-34-20-3.
17 (b) There is a rebuttable presumption that a child is a child in
18 need of services if the court finds that the child's parent, guardian,
19 or custodian willfully or knowingly:
20 (1) exposed the child to the illegal manufacture or distribution
21 of a legend drug or controlled substance; or
22 (2) exposed the child to:
23 (A) methamphetamine;
24 (B) fentanyl; or
25 (C) a fentanyl containing substance (as defined by
26 IC 35-48-1-16.7);
27 for which the parent, guardian, or custodian did not have a
28 valid prescription.
29 SECTION 15. IC 31-34-20-1, AS AMENDED BY P.L.172-2022,
30 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
31 JULY 1, 2025]: Sec. 1. (a) Subject to this section and section sections
32 1.5 and 1.6 of this chapter, if a child is a child in need of services, the
33 juvenile court may enter one (1) or more of the following dispositional
34 decrees:
35 (1) Order supervision of the child by the department.
36 (2) Order the child to receive outpatient treatment:
37 (A) at a social service agency or a psychological, a psychiatric,
38 a medical, or an educational facility; or
39 (B) from an individual practitioner.
40 (3) Remove the child from the child's home and authorize the
41 department to place the child in another home, shelter care
42 facility, child caring institution, group home, or secure private
2025 IN 1605—LS 7589/DI 119 9
1 facility. Placement under this subdivision includes authorization
2 to control and discipline the child.
3 (4) Award wardship of the child to the department for
4 supervision, care, and placement.
5 (5) Partially or completely emancipate the child under section 6
6 of this chapter.
7 (6) Unless a finding has been made under IC 31-34-21-5.6 that
8 reasonable efforts for family preservation or reunification are
9 not required, order the child's parent, guardian, or custodian to
10 complete reunification services recommended by the department
11 and approved by the court under IC 31-34-18 and IC 31-34-19,
12 which may include services described in section 3(a) of this
13 chapter. In determining the reunification services that are
14 appropriate, the court shall take into consideration:
15 (A) any failure of the parent, guardian, or custodian to
16 substantially participate in previously ordered services or
17 substantially comply with a previous case plan;
18 (B) any history of the parent, guardian, or custodian
19 abusing the child while the parent, guardian, or custodian
20 was under the influence of drugs or alcohol;
21 (C) any history of the parent, guardian, or custodian
22 directing violent behavior at the child or at a member of
23 the child's immediate family;
24 (D) whether the parent, guardian, or custodian continues
25 to reside with an individual who abused the child;
26 (E) any patterns of behavior by the parent, guardian, or
27 custodian that have exposed the child to repeated abuse;
28 (F) any testimony by a competent professional that
29 remediation of the parent's, guardian's, or custodian's
30 behavior is unlikely to be successful; and
31 (G) whether the parent, guardian, or custodian has
32 expressed an interest in reunification with the child.
33 In determining the appropriateness of the reunification
34 services, the court shall consider the child's health, welfare,
35 and safety as the paramount concern.
36 (7) Order a person who is a party to refrain from direct or indirect
37 contact with the child.
38 (8) Order a perpetrator of child abuse or neglect to refrain from
39 returning to the child's residence.
40 (b) A juvenile court may not place a child in a home or facility that
41 is located outside Indiana unless:
42 (1) the placement is recommended or approved by the director of
2025 IN 1605—LS 7589/DI 119 10
1 the department or the director's designee; or
2 (2) the juvenile court makes written findings based on clear and
3 convincing evidence that:
4 (A) the out-of-state placement is appropriate because there is
5 not an equivalent facility with adequate services located in
6 Indiana;
7 (B) institutional care in the other jurisdiction is in the best
8 interest of the child and will not produce undue hardship; or
9 (C) the location of the home or facility is within a distance not
10 greater than fifty (50) miles from the county of residence of
11 the child.
12 (c) If a dispositional decree under this section:
13 (1) orders or approves removal of a child from the child's home or
14 awards wardship of the child to the department; and
15 (2) is the first juvenile court order in the child in need of services
16 proceeding that authorizes or approves removal of the child from
17 the child's parent, guardian, or custodian;
18 the juvenile court shall include in the decree the appropriate findings
19 and conclusions described in IC 31-34-5-3(b) and IC 31-34-5-3(c).
20 SECTION 16. IC 31-34-20-1.6 IS ADDED TO THE INDIANA
21 CODE AS A NEW SECTION TO READ AS FOLLOWS
22 [EFFECTIVE JULY 1, 2025]: Sec. 1.6. (a) This section applies to a
23 child:
24 (1) who:
25 (A) is the subject of a child in need of services petition that
26 is filed after the child is removed from the care or custody
27 of the child's parent, guardian, or custodian under
28 IC 31-34-2-3, regardless of whether the child is returned to
29 the care or custody of the parent, guardian, or custodian at
30 any time before the entry of the dispositional decree; or
31 (B) is removed from the care or custody of the child's
32 parent, guardian, or custodian under the child's
33 dispositional decree under section 1(a)(3) of this chapter;
34 and
35 (2) whose dispositional decree includes an order under section
36 1(a)(6) of this chapter requiring a parent, guardian, or
37 custodian of the child to complete reunification services.
38 (b) Except as provided in subsections (c) and (d), a court may
39 not provide for a child's parent, guardian, or custodian to receive
40 reunification services for more than:
41 (1) if the child is removed from the parent, guardian, or
42 custodian after June 30, 2025, and before July 1, 2026, fifteen
2025 IN 1605—LS 7589/DI 119 11
1 (15) months; or
2 (2) if the child is removed from the parent, guardian, or
3 custodian after June 30, 2026, twelve (12) months;
4 after the date of the child's removal under IC 31-34-2-3 or under
5 the child's dispositional decree, whichever is earlier.
6 (c) A court may extend the provision of reunification services to
7 a child's parent, guardian, or custodian for:
8 (1) a period of not more than ninety (90) days if the court
9 finds after an evidentiary hearing that:
10 (A) the parent, guardian, or custodian has substantially
11 complied with the child's dispositional decree; and
12 (B) the extension is in the child's best interests; and
13 (2) an additional period of not more than ninety (90) days
14 following an extension under subdivision (1) if the court:
15 (A) finds after an evidentiary hearing, by clear and
16 convincing evidence, that:
17 (i) the parent, guardian, or custodian has substantially
18 complied with the child's dispositional decree; and
19 (ii) the extension is in the child's best interests; and
20 (B) includes in the order for the extension:
21 (i) the facts upon which the court based the court's
22 findings under clause (A); and
23 (ii) the time period within which it is likely that
24 reunification of the child with the parent will occur.
25 (d) A court may extend the provision of reunification services to
26 a child's parent, guardian, or custodian if the court finds after an
27 evidentiary hearing that the child's parent, guardian, or custodian,
28 by no fault of the parent, guardian, or custodian, was not afforded
29 an adequate opportunity to substantially participate in the
30 reunification services.
31 (e) The following are not a basis for an extension under
32 subsection (c) or (d):
33 (1) Delay or failure by the parent, guardian, or custodian to
34 establish paternity or seek custody of the child.
35 (2) Failure of the parent, guardian, or custodian to
36 substantially participate in the reunification services due to
37 the conduct of the parent, guardian, or custodian.
38 (f) In determining whether to extend the provision of
39 reunification services to a child's parent under subsection (c) or
40 (d), a court shall take into consideration the status of any minor
41 siblings of the child.
42 SECTION 17. IC 31-34-21-5, AS AMENDED BY P.L.69-2024,
2025 IN 1605—LS 7589/DI 119 12
1 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2 JULY 1, 2025]: Sec. 5. (a) Subject to subsection (c), the court shall
3 determine:
4 (1) whether the child's case plan, services, and placement meet
5 the special needs and best interests of the child;
6 (2) whether the department has made reasonable efforts to
7 provide family services, unless a finding has been made under
8 section 5.6 of this chapter that reasonable efforts for family
9 preservation or reunification are not required; and
10 (3) a projected date for the child's return home, the child's
11 adoption placement, the child's emancipation, or the appointment
12 of a legal guardian for the child under section 7.5(c)(1)(D) of this
13 chapter.
14 (b) The determination of the court under subsection (a) must be
15 based on findings written after consideration of the following:
16 (1) Whether the department, the child, or the child's parent,
17 guardian, or custodian has complied with the child's case plan.
18 (2) Written documentation containing descriptions of:
19 (A) the family services that have been offered or provided to
20 the child or the child's parent, guardian, or custodian;
21 (B) the dates during which the family services were offered or
22 provided; and
23 (C) the outcome arising from offering or providing the family
24 services.
25 (3) The extent of the efforts made by the department to offer and
26 provide family services.
27 (4) The extent to which the parent, guardian, or custodian has
28 enhanced the ability to fulfill parental obligations.
29 (5) The extent to which the parent, guardian, or custodian has
30 visited the child, including the reasons for infrequent visitation.
31 (6) The extent to which the parent, guardian, or custodian has
32 cooperated with the department.
33 (7) The child's recovery from any injuries suffered before
34 removal.
35 (8) Whether any additional services are required for the child or
36 the child's parent, guardian, or custodian and, if so, the nature of
37 those services.
38 (9) The extent to which the child has been rehabilitated.
39 (10) If the child is placed out-of-home, whether the child is in the
40 least restrictive, most family-like setting, and whether the child is
41 placed close to the home of the child's parent, guardian, or
42 custodian.
2025 IN 1605—LS 7589/DI 119 13
1 (11) The extent to which the causes for the child's out-of-home
2 placement or supervision have been alleviated.
3 (12) Whether current placement or supervision by the department
4 should be continued.
5 (13) The extent to which the child's parent, guardian, or custodian
6 has participated or has been given the opportunity to participate
7 in case planning, periodic case reviews, dispositional reviews,
8 placement of the child, and visitation.
9 (14) Whether the department has made reasonable efforts to
10 reunify or preserve a child's family unless reasonable efforts are
11 not required under section 5.6 of this chapter.
12 (15) Subject to subsection (c), whether it is an appropriate time to
13 prepare or implement a permanency plan for the child under
14 section 7.5 of this chapter.
15 (16) If:
16 (A) the child has been in an out-of-home placement at any
17 time during the child in need of services proceeding; and
18 (B) the child's dispositional decree includes an order under
19 IC 31-34-20-1(a)(6) requiring the child's parent, guardian,
20 or custodian to receive reunification services;
21 the amount of time remaining for the parent, guardian, or
22 custodian to complete the reunification services under
23 IC 31-34-20-1.6.
24 (c) The permanency plan for a child who has, at the time of a
25 periodic case review or permanency hearing, been removed from the
26 child's parent for at least twelve (12) months of the most recent
27 twenty-two (22) months, must include at least one (1) intended
28 permanent or long term arrangement for care and custody of the child
29 under section 7.5(c) of this chapter other than reunification of the child
30 with the child's parent, guardian, or custodian.
31 SECTION 18. IC 31-34-21-5.5, AS AMENDED BY P.L.48-2012,
32 SECTION 64, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33 JULY 1, 2025]: Sec. 5.5. (a) In determining the extent to which
34 reasonable efforts to reunify or preserve a family are appropriate under
35 this chapter, the child's health, welfare, and safety are of paramount
36 concern.
37 (b) Except as provided in section 5.6 of this chapter, the department
38 shall make reasonable efforts to preserve and reunify families as
39 follows:
40 (1) If a child has not been removed from the child's home, to
41 prevent or eliminate the need for removing the child from the
42 child's home.
2025 IN 1605—LS 7589/DI 119 14
1 (2) If a child has been removed from the child's home, to make it
2 possible for the child to return safely to the child's home as soon
3 as possible.
4 (c) The department may, shall, before reunification of the child with
5 a parent, guardian, or custodian, conduct a criminal history check (as
6 defined in IC 31-9-2-22.5) of:
7 (1) the child's:
8 (A) parent;
9 (B) guardian; or
10 (C) custodian; or and
11 (2) a any household member of the:
12 (A) parent;
13 (B) guardian; or
14 (C) custodian.
15 (d) The department may shall use the results of a criminal history
16 check conducted under subsection (c) to decide whether it is safe for
17 the child to return home.
18 SECTION 19. IC 31-34-21-7, AS AMENDED BY P.L.69-2024,
19 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
20 JULY 1, 2025]: Sec. 7. (a) The court shall hold a permanency hearing:
21 (1) not more than thirty (30) days after a court finds that
22 reasonable efforts to reunify or preserve a child's family are not
23 required as described in section 5.6 of this chapter;
24 (2) every twelve (12) months after:
25 (A) the date of the original dispositional decree; or
26 (B) a child in need of services was removed from the child's
27 parent, guardian, or custodian;
28 whichever comes first; or
29 (3) if:
30 (A) the child has been removed from the child's parent,
31 guardian, or custodian for at least twelve (12) months; or
32 (B) at least twelve (12) months have expired since the date
33 on which the child's dispositional decree was entered;
34 at the request of any party to the child in need of services
35 proceeding that requests the permanency hearing on the basis
36 that continuation of efforts to reunify or preserve the family
37 are inconsistent with the best interests of the child; or
38 (3) (4) more often if ordered by the juvenile court.
39 (b) The court shall:
40 (1) make the determination and findings required by section 5 of
41 this chapter;
42 (2) consider the question of continued jurisdiction and whether
2025 IN 1605—LS 7589/DI 119 15
1 the dispositional decree should be modified;
2 (3) consider recommendations of persons listed under section 4
3 of this chapter, before approving a permanency plan under
4 subdivision (5);
5 (4) consult with the child in person, or through an interview with
6 or written statement or report submitted by:
7 (A) a guardian ad litem or court appointed special advocate for
8 the child;
9 (B) a case manager; or
10 (C) the person with whom the child is living and who has
11 primary responsibility for the care and supervision of the
12 child;
13 in an age appropriate manner as determined by the court,
14 regarding the proposed permanency plan;
15 (5) consider and approve a permanency plan for the child:
16 (A) that complies with the requirements set forth in section 7.5
17 of this chapter; and
18 (B) if the child has, at the time of the permanency hearing,
19 been removed from the child's parent for at least twelve (12)
20 months of the most recent twenty-two (22) months, that
21 includes at least one (1) intended permanent or long term
22 arrangement for care and custody of the child under section
23 7.5(c) of this chapter other than reunification of that would
24 not return the child with the child's to the care and custody
25 of the parent, guardian, or custodian from whose care and
26 custody the child has been removed;
27 (6) determine whether an existing permanency plan must be
28 modified; and
29 (7) examine procedural safeguards used by the department to
30 protect parental rights.
31 (c) If a child is less than sixteen (16) years of age, the intended
32 permanent or long-term arrangement for care and custody of the
33 child under section 7.5(c) of this chapter may be guardianship or
34 placement with a permanent custodian only if the proposed
35 guardian or custodian appears before the court and testifies as to
36 the individual's willingness to assume custody of the child.
37 (c) (d) If the child is at least sixteen (16) years of age and the
38 proposed permanency plan provides for another planned permanent
39 living arrangement, the court shall, at each permanency hearing, do all
40 the following:
41 (1) Require the department to provide notice of the permanency
42 hearing to the child, in accordance with section 4(a) of this
2025 IN 1605—LS 7589/DI 119 16
1 chapter.
2 (2) Provide to the child an opportunity to be heard and to make
3 recommendations to the court, in accordance with section 4(d) of
4 this chapter.
5 (3) Require the department to document or provide testimony
6 regarding the intensive, ongoing, and, as of the date of the
7 hearing, unsuccessful efforts made by the department to return the
8 child home or secure a placement for the child with a fit and
9 willing relative, legal guardian, or adoptive parent, including
10 efforts through the use of search technology, such as social media,
11 to find biological or adoptive family members for the child.
12 (4) Ask the child about the desired permanency outcome for the
13 child and document the child's response.
14 (5) Make a judicial determination explaining why, as of the date
15 of the hearing, another planned permanent living arrangement is
16 the best permanency plan for the child and provide compelling
17 reasons why it continues to not be in the best interests of the child
18 to:
19 (A) return home;
20 (B) be placed for adoption;
21 (C) be placed with a legal guardian; or
22 (D) be placed with a fit and willing relative.
23 (6) Require the department to document or provide testimony
24 regarding the steps the department is taking to ensure that:
25 (A) the child's foster family home, group home, secure private
26 facility, or child caring institution is following the reasonable
27 and prudent parent standard; and
28 (B) the child has regular, ongoing opportunities to engage in
29 age or developmentally appropriate activities, including
30 consulting with the child in an age appropriate manner about
31 the opportunities for the child to participate in the activities.
32 (d) (e) There is a rebuttable presumption that jurisdiction over the
33 child in a child in need of services proceeding continues for not longer
34 than twelve (12) months after the date of the original dispositional
35 decree or twelve (12) months after the child in need of services was
36 removed from the child's parent, guardian, or custodian, whichever
37 occurs first. The state may rebut the presumption and show that
38 jurisdiction should continue by proving that the objectives of the
39 dispositional decree have not been accomplished, that a continuation
40 of the decree with or without any modifications is necessary, and that
41 it is in the child's best interests for the court to maintain its jurisdiction
42 over the child. If the department does not sustain its burden for
2025 IN 1605—LS 7589/DI 119 17
1 continued jurisdiction, the court shall:
2 (1) direct the department to establish a permanency plan within
3 thirty (30) days; or
4 (2) discharge the child and the child's parent, guardian, or
5 custodian.
6 The court may retain jurisdiction to the extent necessary to carry out
7 any orders under subdivision (1).
8 SECTION 20. IC 31-34-21-7.3, AS AMENDED BY P.L.128-2012,
9 SECTION 168, IS AMENDED TO READ AS FOLLOWS
10 [EFFECTIVE JULY 1, 2025]: Sec. 7.3. (a) This section applies after:
11 (1) a court approves a permanency plan for a child under
12 which the only intended permanent or long term arrangement
13 for care and custody of the child is placement of the child for
14 adoption;
15 (1) (2) a court authorizes the filing of a petition to terminate the
16 parent-child relationship; or
17 (2) (3) a petition to terminate the parent-child relationship is filed;
18 in relation to a child in need of services.
19 (b) The department shall post the following nonidentifying
20 information on the Internet to facilitate a potential adoptive placement
21 of the child:
22 (1) The child's age, gender, and summary of the child's
23 educational, social, and medical background, including known
24 disabilities.
25 (2) The reason the child was removed from the child's home.
26 (3) Whether a person has expressed an interest in adopting the
27 child.
28 (4) The name, address, and telephone number of a contact person
29 from:
30 (A) the department;
31 (B) the appropriate local office; or
32 (C) licensed child placing agency;
33 where a person who may be interested in adopting the child may
34 obtain further information about adopting the child.
35 (5) Whether a petition to terminate the rights of the child's parents
36 has been authorized or filed, and whether the rights of the child's
37 parents have been terminated.
38 (6) An address and telephone number of:
39 (A) the department;
40 (B) the appropriate local office; or
41 (C) licensed child placing agency;
42 where a person who may be interested in adopting the child may
2025 IN 1605—LS 7589/DI 119 18
1 obtain further information about adopting the child.
2 (c) Except as provided in subsection (d), the information posted
3 under subsection (b) may not identify the name of any of the following
4 persons:
5 (1) The child.
6 (2) The child's biological or adoptive parents.
7 (3) A sibling of the child.
8 (4) A caretaker of the child.
9 (d) If the child is a hard to place child, the information posted
10 by the department under subsection (b) may include the child's
11 first name and picture.
12 (d) (e) The department shall update any relevant information under
13 this section after either of the following:
14 (1) Each of the child's periodic reviews that occur after the
15 information under this section is required to be posted.
16 (2) The rights of the child's parents have been terminated.
17 (e) (f) The department shall remove the information required under
18 subsection (b) from the Internet whenever the child is reunited with the
19 child's family or an adoption of the child is filed under IC 31-19-2.
20 (f) (g) Upon request, the department shall inform the person making
21 the request of the address of the Internet web site containing the
22 information described in this section.
23 SECTION 21. IC 31-35-1-5, AS AMENDED BY P.L.146-2007,
24 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25 JULY 1, 2025]: Sec. 5. (a) The court shall hold an initial hearing on
26 a petition filed under section 4 of this chapter not later than thirty
27 (30) days after the date on which the petition is filed.
28 (a) (b) Except as provided in subsection (b), (c), the parents shall be
29 notified of the hearing in accordance with IC 31-32-9.
30 (b) (c) A parent who has made a valid consent to the termination of
31 a parent-child relationship may waive the notice required by subsection
32 (a) (b) if the waiver:
33 (1) is in writing either:
34 (A) in the parent's consent to terminate the parent-child
35 relationship; or
36 (B) in a separate document;
37 (2) is signed by the parent in the presence of a notary public; and
38 (3) contains an acknowledgment that:
39 (A) the waiver is irrevocable; and
40 (B) the parent will not receive notice of:
41 (i) adoption; or
42 (ii) termination of parent-child relationship;
2025 IN 1605—LS 7589/DI 119 19
1 proceedings.
2 SECTION 22. IC 31-35-1-12, AS AMENDED BY P.L.128-2012,
3 SECTION 171, IS AMENDED TO READ AS FOLLOWS
4 [EFFECTIVE JULY 1, 2025]: Sec. 12. For purposes of sections 6 and
5 8 of this chapter, the parents must be advised that:
6 (1) their consent is permanent and cannot be revoked or set aside
7 unless it was obtained by fraud or duress or unless the parent is
8 incompetent;
9 (2) when the court terminates the parent-child relationship:
10 (A) all rights, powers, privileges, immunities, duties, and
11 obligations, including any rights to custody, control, parenting
12 time, or support pertaining to the relationship, are permanently
13 terminated; and
14 (B) their consent to the child's adoption is not required;
15 (3) the parents have a right to the:
16 (A) care;
17 (B) custody; and
18 (C) control;
19 of their child as long as the parents fulfill their parental
20 obligations;
21 (4) the parents have a right to a judicial determination of any
22 alleged failure to fulfill their parental obligations in a proceeding
23 to adjudicate their child a delinquent child or a child in need of
24 services;
25 (5) the parents have a right to assistance in fulfilling their parental
26 obligations after a court has determined that the parents are not
27 doing so;
28 (6) proceedings to terminate the parent-child relationship against
29 the will of the parents can be initiated only after:
30 (A) the child has been adjudicated a delinquent child or a child
31 in need of services and removed from their custody following
32 the adjudication; or
33 (B) a parent has been convicted and imprisoned for an offense
34 listed in IC 31-35-3-4 (or has been convicted and imprisoned
35 for an offense listed in IC 31-6-5-4.2(a) before its repeal), the
36 child has been removed from the custody of the parents under
37 a dispositional decree, and the child has been removed from
38 the custody of the parents for six (6) months under a court
39 order;
40 (7) the parents are entitled to representation by counsel, provided
41 by the state if necessary, throughout any proceedings to terminate
42 the parent-child relationship against the will of the parents;
2025 IN 1605—LS 7589/DI 119 20
1 (8) the parents will receive notice of the hearing, unless notice is
2 waived under section 5(b) 5(c) of this chapter, at which the court
3 will decide if their consent was voluntary, and the parents may
4 appear at the hearing and allege that the consent was not
5 voluntary; and
6 (9) the parents' consent cannot be based upon a promise regarding
7 the child's adoption or contact of any type with the child after the
8 parents voluntarily relinquish their parental rights of the child
9 after entry of an order under this chapter terminating the
10 parent-child relationship.
11 SECTION 23. IC 31-35-2-3.5 IS ADDED TO THE INDIANA
12 CODE AS A NEW SECTION TO READ AS FOLLOWS
13 [EFFECTIVE JULY 1, 2025]: Sec. 3.5. (a) The department shall, and
14 any of the following individuals may, file a petition under section
15 4 of this chapter with regard to a child and the child's parent if one
16 (1) or more of the circumstances described in subsection (b) occur:
17 (1) The child's guardian ad litem or court appoint special
18 advocate.
19 (2) An individual:
20 (A) with whom the child is placed during the child in need
21 of services proceedings; and
22 (B) who is an intervenor in the child in need of services
23 proceedings.
24 (b) The circumstances under which the department shall, or an
25 individual described in subsection (a) may, file a petition under
26 subsection (a) are as follows:
27 (1) Federal law requires the filing of a petition under section
28 4 of this chapter with regard to the child.
29 (2) The parent:
30 (A) either:
31 (i) has not completed; or
32 (ii) has not benefitted from;
33 reunification services in which the parent was ordered to
34 participate under the child's dispositional decree; and
35 (B) either:
36 (i) has not been granted an extension of the reunification
37 services under IC 31-34-20-1.6; or
38 (ii) has exhausted all extensions of the reunification
39 services available under IC 31-34-20-1.6.
40 (3) A previous petition was filed under section 4 of this
41 chapter with regard to the child and was subsequently
42 dismissed under section 4.5 of this chapter, and ninety (90)
2025 IN 1605—LS 7589/DI 119 21
1 days or more have elapsed since the petition was dismissed.
2 SECTION 24. IC 31-35-2-4, AS AMENDED BY P.L.70-2024,
3 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4 JULY 1, 2025]: Sec. 4. (a) A petition to terminate the parent-child
5 relationship involving a child adjudicated as a delinquent child or child
6 in need of services may be signed and filed with the juvenile or probate
7 court by any of the following:
8 (1) The attorney for the department.
9 (2) The child's court appointed special advocate.
10 (3) The child's guardian ad litem.
11 (4) An individual:
12 (A) with whom the child is placed during; and
13 (B) who is an intervenor in;
14 the child in need of services proceedings regarding the child
15 as provided in section 3.5 of this chapter.
16 (b) A petition filed under subsection (a) must be entitled "In the
17 Matter of the Termination of the Parent-Child Relationship of
18 ___________, a child, and ____________, the child's parent (or
19 parents)".
20 (c) A petition filed under subsection (a) must allege:
21 (1) the existence of one (1) or more of the circumstances
22 described in subsection (d);
23 (2) that there is a satisfactory plan for care and treatment of the
24 child; and
25 (3) that termination of the parent-child relationship is in the
26 child's best interests.
27 (d) A petition filed under subsection (a) must allege the existence
28 of one (1) or more of the following circumstances:
29 (1) That a court has entered a finding under IC 31-34-21-5.6 that
30 reasonable efforts for family preservation or reunification are not
31 required, including a description of the court's finding, the date of
32 the finding, and the manner in which the finding was made.
33 (2) That:
34 (A) the child has been removed from the parent and has been
35 under the supervision of a local office or probation department
36 for at least fifteen (15) months of the most recent twenty-two
37 (22) months, beginning with the date the child is removed
38 from the home as a result of the child being alleged to be a
39 child in need of services or a delinquent child; and
40 (B) despite the department's reasonable efforts to preserve and
41 reunify the child's family under IC 31-34-21-5.5, the parent
42 has been unable to remedy the circumstances that resulted in
2025 IN 1605—LS 7589/DI 119 22
1 the child being placed in care outside the parent's home.
2 (3) That there is a reasonable probability that the conditions that
3 resulted in the child's removal or the reasons for placement
4 outside the home of the parents will not be remedied.
5 (4) That there is a reasonable probability that the continuation of
6 the parent-child relationship poses a threat to the well-being,
7 safety, physical health, or life of the child.
8 (5) That the child has, on two (2) separate occasions, been
9 adjudicated a child in need of services.
10 (6) That:
11 (A) at least ninety (90) days have passed since the filing of the
12 petition alleging that the child is a child in need of services;
13 and
14 (B) the identity or location of the parent is unknown despite
15 reasonable efforts having been made to identify or locate the
16 parent.
17 (7) That the parent:
18 (A) failed to substantially comply with the child's dispositional
19 decree for a period of at least twelve (12) months following the
20 child's:
21 (i) removal from the parent's home under IC 31-34-2; or
22 (ii) adjudication as a child in need of services;
23 whichever occurred earlier, unless the parent's failure to
24 substantially comply with the child's dispositional decree was
25 due to the failure of the department to make reasonable efforts
26 to preserve and reunify the child's family under
27 IC 31-34-21-5.5; or
28 (B) is unlikely or unable to substantially comply with the
29 child's dispositional decree.
30 (8) That the parent is incarcerated and one (1) or more of the
31 following is true:
32 (A) The parent is expected to remain incarcerated for a
33 significant portion of the remaining time during which the
34 child is less than eighteen (18) years of age. When
35 determining whether the portion of the remaining time is
36 significant, the court shall consider the following factors:
37 (i) The age of the child.
38 (ii) The relationship between the child and the parent.
39 (iii) The nature of the parent's current and past
40 provision for the child's developmental, cognitive,
41 psychological, and physical needs.
42 (iv) The parent's history of criminal behavior, including
2025 IN 1605—LS 7589/DI 119 23
1 the frequency of the parent's incarceration and the
2 unavailability of the parent to the child due to the
3 parent's incarceration.
4 (v) Any other factor the court considers relevant.
5 (B) The parent is a sexually violent predator (as defined by
6 IC 35-38-1-7.5).
7 (9) That the parent:
8 (A) has a history of extensive, abusive, and chronic use of
9 alcohol or a controlled substance that renders the parent
10 incapable of caring for the child; and
11 (B) either:
12 (i) has refused or failed to complete available treatment for
13 the alcohol or controlled substance use during the two (2)
14 year period immediately preceding the filing date of the
15 petition under subsection (a); or
16 (ii) has completed treatment for the alcohol or controlled
17 substance use but has resumed use of alcohol or a
18 controlled substance after being reunified with the child.
19 (10) That:
20 (A) a test administered at the child's birth that indicated that
21 the child's blood, urine, umbilical cord tissue, or meconium
22 contained any amount of alcohol or a controlled substance, or
23 metabolites of such substances, the presence of which was not
24 the result of medical treatment administered to the mother or
25 the child; and
26 (B) the parent:
27 (i) is the biological mother of at least one (1) other child
28 who was adjudicated a child in need of services after a
29 finding of harm to the child's health or welfare due to
30 exposure to alcohol or a controlled substance; and
31 (ii) had the opportunity to participate in substance abuse
32 treatment following the finding under item (i).
33 (11) That the child was conceived as a result of:
34 (A) an offense under IC 35-42-3.5 (human and sexual
35 trafficking);
36 (B) rape (IC 35-42-4-1);
37 (C) child molestation (IC 35-42-4-3);
38 (D) sexual misconduct with a minor (IC 35-42-4-9); or
39 (E) an offense committed in another jurisdiction the elements
40 of which are substantially similar to the elements of an offense
41 described in clause (A), (B), (C), or (D);
42 committed by the biological parent of the child whose
2025 IN 1605—LS 7589/DI 119 24
1 parent-child relationship with the child is the subject of the
2 petition.
3 (12) That the parent is required to register as a sex or violent
4 offender under IC 11-8-8.
5 (13) That one (1) or more circumstances described in section
6 3.5 of this chapter have occurred.
7 (e) If the department intends to file a motion to dismiss under
8 section 4.5 of this chapter, the petition must indicate whether at least
9 one (1) of the factors listed in section 4.5(d)(1) through 4.5(d)(4) of this
10 chapter applies and specify each factor that would apply as the basis for
11 filing a motion to dismiss the petition.
12 (f) At the time the petitioner files a petition under this section with
13 the juvenile or probate court, the petitioner shall also file a:
14 (1) copy of the order approving the permanency plan under
15 IC 31-34-21-7 for the child; or
16 (2) permanency plan for the child as described by
17 IC 31-34-21-7.5.
18 SECTION 25. IC 31-35-2-6, AS AMENDED BY P.L.244-2023,
19 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
20 JULY 1, 2025]: Sec. 6. (a) Except when a hearing is required after June
21 30, 1999, under section 4.5 of this chapter, the person filing the petition
22 shall request the court to set the petition for a hearing. Whenever a
23 hearing is requested under this chapter, the court shall:
24 (1) commence a hearing on the petition not more than ninety (90)
25 days after a petition is filed under this chapter; and
26 (2) complete a hearing on the petition not more than one hundred
27 eighty (180) days after a petition is filed under this chapter.
28 (b) If a hearing is not held within the time set forth in subsection (a):
29 (1) upon filing of a motion with the court by a party; and
30 (2) absent good cause shown for the failure to hold the hearing
31 within the time set forth in subsection (a); a finding by the court
32 that the extension of the deadline for the hearing is
33 necessitated by unanticipated, emergent circumstances;
34 the court shall dismiss the petition to terminate the parent-child
35 relationship without prejudice.
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