*HB1605.1*
February 10, 2025
HOUSE BILL No. 1605
_____
DIGEST OF HB 1605 (Updated February 10, 2025 12:32 pm - DI 151)
Citations Affected: IC 12-8; IC 31-9; IC 31-10; 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, except for an extension of the deadline for a
preliminary hearing to which parties to a CHINS proceeding may
consent under current law. 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
(Continued next page)
Effective: July 1, 2025.
McGuire, Lauer, Goss-Reaves,
Garcia Wilburn
January 21, 2025, read first time and referred to Committee on Judiciary.
February 10, 2025, amended, reported — Do Pass. Referred to Committee on Ways and
Means pursuant to Rule 126.3.
HB 1605—LS 7589/DI 119 Digest Continued
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.
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; (1) unanticipated, emergent circumstances; (2) the
circumstances of the case; or (3) the Indiana Rules of Trial Procedure.
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
(Continued next page)
HB 1605—LS 7589/DI 119HB 1605—LS 7589/DI 119 Digest Continued
(2) use the results of the criminal history check to decide whether it is
safe for the child to return home. Requires the department of child
services to provide to the court the results of a pre-reunification
criminal history check of a child's parent, guardian, or custodian.
Requires a court to hold a permanency hearing for a child: (1) who has
been removed from the child's parent, guardian, or 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: (1) unanticipated, emergent circumstances; (2) the circumstances
of the case; or (3) the Indiana Rules of Trial Procedure.
HB 1605—LS 7589/DI 119HB 1605—LS 7589/DI 119 February 10, 2025
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.
HB 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
HB 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. Except as provided in IC 31-34-11-1, a procedural
25 deadline set forth in:
26 (1) IC 31-34 with regard to a child in need of services
27 proceeding; or
28 (2) IC 31-35 with regard to a proceeding to terminate the
29 parent-child relationship;
30 is not subject to waiver, whether affirmative or implied, by a party
31 to the proceeding.
32 SECTION 7. IC 31-32-2-3.5 IS ADDED TO THE INDIANA CODE
33 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
34 1, 2025]: Sec. 3.5. An individual with whom a child is placed during
35 child in need of services proceedings regarding the child is entitled
36 to attend, in its entirety, any hearing conducted as part of:
37 (1) the child in need of services proceedings; or
38 (2) proceedings to terminate the parent-child relationship
39 resulting from a petition filed with regard to the child under
40 IC 31-35-2-4 during the child in need of services proceedings.
41 SECTION 8. IC 31-32-2.5-1, AS AMENDED BY P.L.46-2024,
42 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
HB 1605—LS 7589/DI 119 4
1 JULY 1, 2025]: Sec. 1. (a) Except as provided in subsection (b) and
2 subject to this chapter, an individual who is providing care and
3 supervision of a child as:
4 (1) a foster parent;
5 (2) a long term foster parent; or
6 (3) a person who has been a foster parent; or
7 (4) (3) an unlicensed kinship caregiver;
8 of a child may petition the court to request intervention as a party
9 during any stage of at the time the child is the subject of a child in
10 need of services proceeding under IC 31-34 or a termination of
11 parent-child relationship proceeding under IC 31-35 concerning the
12 child may intervene as a party during any stage of the proceeding
13 if the individual files a petition to intervene with the court and the
14 court makes the findings described in section 3 of this chapter.
15 (b) Any person described in subsection (a) who has been:
16 (1) the subject of a substantiated report of child abuse or neglect;
17 or
18 (2) convicted of a nonwaivable offense, as defined in
19 IC 31-9-2-84.8;
20 may not petition the court to intervene under this chapter.
21 SECTION 9. IC 31-32-2.5-3, AS ADDED BY P.L.210-2019,
22 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
23 JULY 1, 2025]: Sec. 3. (a) A court shall grant a petition to intervene
24 filed under this chapter if the court determines that intervention by the
25 petitioner is in the best interests of the child.
26 (b) A court shall grant a petition filed under this chapter
27 requesting intervention in a child in need of services proceeding
28 under IC 31-34 concerning a child for whom the petitioner is
29 providing care and supervision if the court determines that:
30 (1) the petitioner has provided care and supervision for the
31 child for at least twelve (12) months following the initial
32 removal of the child from the home of the child's parent,
33 guardian, or custodian, regardless of whether the twelve (12)
34 months during which the petitioner has provided care and
35 supervision for the child were consecutive;
36 (2) a petition to terminate the parent-child relationship has
37 been filed with regard to the child; or
38 (3) the child has been removed from the home of the child's
39 parent, guardian, or custodian for at least twelve (12) months
40 and the petitioner has filed a petition for adoption or
41 guardianship of the child.
42 (c) A court shall grant a petition filed under this chapter
HB 1605—LS 7589/DI 119 5
1 requesting intervention in a termination of parent-child
2 relationship proceeding under IC 31-35 concerning a child for
3 whom the petitioner is providing care and supervision.
4 SECTION 10. IC 31-34-1-2, AS AMENDED BY P.L.172-2022,
5 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6 JULY 1, 2025]: Sec. 2. (a) A child is a child in need of services if
7 before the child becomes eighteen (18) years of age:
8 (1) the child's physical or mental health is seriously endangered
9 due to injury by the act or omission of the child's parent, guardian,
10 or custodian, including failure of the child's parent, guardian,
11 or custodian to protect the child from exposure to the use,
12 possession, sale, or manufacture of illegal drugs; and
13 (2) the child needs care, treatment, or rehabilitation that:
14 (A) the child is not receiving; and
15 (B) is unlikely to be provided or accepted without the coercive
16 intervention of the court.
17 (b) A child is a child in need of services if, before the child becomes
18 eighteen (18) years of age:
19 (1) the child is a victim of:
20 (A) an offense under IC 35-42-1-2.5;
21 (B) an offense under IC 35-42-2-1;
22 (C) an offense under IC 35-42-2-1.3;
23 (D) an offense under IC 35-42-2-1.5;
24 (E) an offense under IC 35-42-2-9;
25 (F) an offense under IC 35-42-2-10; or
26 (G) an offense under IC 35-46-1-4;
27 (2) the offense described in subdivision (1) was committed by the
28 parent, guardian, or custodian of the child; and
29 (3) the child needs care, treatment, or rehabilitation that:
30 (A) the child is not receiving; and
31 (B) is unlikely to be provided or accepted without the coercive
32 intervention of the court.
33 (c) A child is a child in need of services if, before the child becomes
34 eighteen (18) years of age, the child:
35 (1) lives in the same household as an adult who:
36 (A) committed:
37 (i) an offense described in subsection (b)(1); or
38 (ii) an offense under IC 35-42-1-1, IC 35-42-1-2,
39 IC 35-42-1-3, IC 35-42-1-4, or IC 35-42-1-5;
40 against another child who lives in the household and the
41 offense resulted in a conviction or a judgment under
42 IC 31-34-11-2; or
HB 1605—LS 7589/DI 119 6
1 (B) has been charged with committing an offense described in
2 clause (A) against another child who lives in the household
3 and is awaiting trial; and
4 (2) needs care, treatment, or rehabilitation that:
5 (A) the child is not receiving; and
6 (B) is unlikely to be provided or accepted without the coercive
7 intervention of the court.
8 (d) Evidence that the illegal manufacture of a drug or controlled
9 substance is occurring on property where a child resides creates a
10 rebuttable presumption that the child's physical or mental health is
11 seriously endangered.
12 SECTION 11. IC 31-34-5-3, AS AMENDED BY P.L.146-2008,
13 SECTION 580, IS AMENDED TO READ AS FOLLOWS
14 [EFFECTIVE JULY 1, 2025]: Sec. 3. (a) The juvenile court shall
15 release the child to the child's parent, guardian, or custodian. However,
16 the court may order the child detained if the court makes written
17 findings of fact upon the record of probable cause to believe that the
18 child is a child in need of services and that any of the following
19 factors applies:
20 (1) Detention is necessary to protect the child.
21 (2) The child is unlikely to appear before the juvenile court for
22 subsequent proceedings.
23 (3) The child has a reasonable basis for requesting that the child
24 not be released.
25 (4) The parent, guardian, or custodian:
26 (A) cannot be located; or
27 (B) is unable or unwilling to take custody of the child. or
28 (5) Consideration for the safety of the child precludes the use of
29 family services to prevent removal of the child. In considering
30 this factor, the court shall:
31 (A) give great weight to evidence:
32 (i) of the presence in the child's residence of; or
33 (ii) that the child has been exposed to;
34 a fentanyl containing substance or fentanyl related
35 substance for which the child's parent, guardian, or
36 custodian does not have a valid prescription; and
37 (B) evaluate whether the evidence described in clause (A)(i)
38 or (A)(ii) necessitates removal in consideration of the
39 following factors:
40 (i) The age of the child.
41 (ii) Whether the child is particularly vulnerable to the
42 harmful effects of the fentanyl containing substance or
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1 fentanyl related substance due to the child's medical or
2 developmental condition.
3 (iii) The risk of the child accidentally ingesting the
4 fentanyl containing substance or fentanyl related
5 substance.
6 (b) The juvenile court shall include in any order approving or
7 requiring detention of a child all findings and conclusions required
8 under:
9 (1) applicable provisions of Title IV-E of the federal Social
10 Security Act (42 U.S.C. 670 et seq.); or
11 (2) any applicable federal regulation, including 45 CFR 1356.21;
12 as a condition of eligibility of a child in need of services for assistance
13 under Title IV-E or any other federal law.
14 (c) Inclusion in a juvenile court order of language approved and
15 recommended by the judicial conference of Indiana, in relation to:
16 (1) removal from the child's home; or
17 (2) detention;
18 of a child who is alleged to be, or adjudicated as, a child in need of
19 services constitutes compliance with subsection (b).
20 SECTION 12. IC 31-34-9-7, AS AMENDED BY P.L.145-2006,
21 SECTION 295, IS AMENDED TO READ AS FOLLOWS
22 [EFFECTIVE JULY 1, 2025]: Sec. 7. The:
23 (1) child;
24 (2) child's parents, guardian, or custodian;
25 (3) department; and
26 (4) guardian ad litem or court appointed special advocate;
27 are parties to the proceedings described in the juvenile law and have all
28 rights of parties under the Indiana Rules of Trial Procedure, including
29 rights of discovery, subpoena, examination of witnesses, and
30 presentation of evidence at any hearing, including a fact finding
31 hearing.
32 SECTION 13. IC 31-34-11-1, AS AMENDED BY P.L.48-2012,
33 SECTION 59, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
34 JULY 1, 2025]: Sec. 1. (a) Except as provided in subsection (b), unless
35 the allegations of a petition have been admitted, the juvenile court shall
36 complete a factfinding hearing not more than sixty (60) days after a
37 petition alleging that a child is a child in need of services is filed in
38 accordance with IC 31-34-9.
39 (b) The juvenile court may extend the time to complete a factfinding
40 hearing, as described in subsection (a), for an additional sixty (60) days
41 if all parties in the action consent to the additional time.
42 (c) If the factfinding hearing is not held immediately after the initial
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1 hearing as provided under IC 31-34-10-9, the department shall provide
2 notice of any factfinding hearing to each foster parent or other
3 caretaker with whom the child has been placed for temporary care. The
4 court shall provide a person who is required to be notified under this
5 subsection an opportunity to be heard at the factfinding hearing.
6 (d) If the factfinding hearing is not held within the time set forth in
7 subsection (a) or (b), upon a motion with the court, the court shall
8 dismiss the case without prejudice unless the court finds that the
9 extension is necessitated by:
10 (1) unanticipated, emergent circumstances;
11 (2) the circumstances of the case; or
12 (3) the Indiana Rules of Trial Procedure.
13 SECTION 14. IC 31-34-12-4.6 IS ADDED TO THE INDIANA
14 CODE AS A NEW SECTION TO READ AS FOLLOWS
15 [EFFECTIVE JULY 1, 2025]: Sec. 4.6. (a) There is a rebuttable
16 presumption that a child is a child in need of services if the court
17 finds that the child lives in the same household as an adult who is
18 subject to an order requiring the adult to participate in a program
19 of care, treatment, or rehabilitation under IC 31-34-20-3.
20 (b) There is a rebuttable presumption that a child is a child in
21 need of services if the court finds that the child's parent, guardian,
22 or custodian willfully or knowingly:
23 (1) exposed the child to the illegal manufacture or distribution
24 of a legend drug or controlled substance; or
25 (2) exposed the child to:
26 (A) methamphetamine;
27 (B) fentanyl; or
28 (C) a fentanyl containing substance (as defined by
29 IC 35-48-1-16.7);
30 for which the parent, guardian, or custodian did not have a
31 valid prescription.
32 SECTION 15. IC 31-34-20-1, AS AMENDED BY P.L.172-2022,
33 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
34 JULY 1, 2025]: Sec. 1. (a) Subject to this section and section sections
35 1.5 and 1.6 of this chapter, if a child is a child in need of services, the
36 juvenile court may enter one (1) or more of the following dispositional
37 decrees:
38 (1) Order supervision of the child by the department.
39 (2) Order the child to receive outpatient treatment:
40 (A) at a social service agency or a psychological, a psychiatric,
41 a medical, or an educational facility; or
42 (B) from an individual practitioner.
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1 (3) Remove the child from the child's home and authorize the
2 department to place the child in another home, shelter care
3 facility, child caring institution, group home, or secure private
4 facility. Placement under this subdivision includes authorization
5 to control and discipline the child.
6 (4) Award wardship of the child to the department for
7 supervision, care, and placement.
8 (5) Partially or completely emancipate the child under section 6
9 of this chapter.
10 (6) Unless a finding has been made under IC 31-34-21-5.6 that
11 reasonable efforts for family preservation or reunification are
12 not required, order the child's parent, guardian, or custodian to
13 complete reunification services recommended by the department
14 and approved by the court under IC 31-34-18 and IC 31-34-19,
15 which may include services described in section 3(a) of this
16 chapter. In determining the reunification services that are
17 appropriate, the court shall take into consideration:
18 (A) any failure of the parent, guardian, or custodian to
19 substantially participate in previously ordered services or
20 substantially comply with a previous case plan;
21 (B) any history of the parent, guardian, or custodian
22 abusing the child while the parent, guardian, or custodian
23 was under the influence of drugs or alcohol;
24 (C) any history of the parent, guardian, or custodian
25 directing violent behavior at the child or at a member of
26 the child's immediate family;
27 (D) whether the parent, guardian, or custodian continues
28 to reside with an individual who abused the child;
29 (E) any patterns of behavior by the parent, guardian, or
30 custodian that have exposed the child to repeated abuse;
31 (F) any testimony by a competent professional that
32 remediation of the parent's, guardian's, or custodian's
33 behavior is unlikely to be successful; and
34 (G) whether the parent, guardian, or custodian has
35 expressed an interest in reunification with the child.
36 In determining the appropriateness of the reunification
37 services, the court shall consider the child's health, welfare,
38 and safety as the paramount concern.
39 (7) Order a person who is a party to refrain from direct or indirect
40 contact with the child.
41 (8) Order a perpetrator of child abuse or neglect to refrain from
42 returning to the child's residence.
HB 1605—LS 7589/DI 119 10
1 (b) A juvenile court may not place a child in a home or facility that
2 is located outside Indiana unless:
3 (1) the placement is recommended or approved by the director of
4 the department or the director's designee; or
5 (2) the juvenile court makes written findings based on clear and
6 convincing evidence that:
7 (A) the out-of-state placement is appropriate because there is
8 not an equivalent facility with adequate services located in
9 Indiana;
10 (B) institutional care in the other jurisdiction is in the best
11 interest of the child and will not produce undue hardship; or
12 (C) the location of the home or facility is within a distance not
13 greater than fifty (50) miles from the county of residence of
14 the child.
15 (c) If a dispositional decree under this section:
16 (1) orders or approves removal of a child from the child's home or
17 awards wardship of the child to the department; and
18 (2) is the first juvenile court order in the child in need of services
19 proceeding that authorizes or approves removal of the child from
20 the child's parent, guardian, or custodian;
21 the juvenile court shall include in the decree the appropriate findings
22 and conclusions described in IC 31-34-5-3(b) and IC 31-34-5-3(c).
23 SECTION 16. IC 31-34-20-1.6 IS ADDED TO THE INDIANA
24 CODE AS A NEW SECTION TO READ AS FOLLOWS
25 [EFFECTIVE JULY 1, 2025]: Sec. 1.6. (a) This section applies to a
26 child:
27 (1) who:
28 (A) is the subject of a child in need of services petition that
29 is filed after the child is removed from the care or custody
30 of the child's parent, guardian, or custodian under
31 IC 31-34-2-3, regardless of whether the child is returned to
32 the care or custody of the parent, guardian, or custodian at
33 any time before the entry of the dispositional decree; or
34 (B) is removed from the care or custody of the child's
35 parent, guardian, or custodian under the child's
36 dispositional decree under section 1(a)(3) of this chapter;
37 and
38 (2) whose dispositional decree includes an order under section
39 1(a)(6) of this chapter requiring a parent, guardian, or
40 custodian of the child to complete reunification services.
41 (b) Except as provided in subsections (c) and (d), a court may
42 not provide for a child's parent, guardian, or custodian to receive
HB 1605—LS 7589/DI 119 11
1 reunification services for more than:
2 (1) if the child is removed from the parent, guardian, or
3 custodian after June 30, 2025, and before July 1, 2026, fifteen
4 (15) months; or
5 (2) if the child is removed from the parent, guardian, or
6 custodian after June 30, 2026, twelve (12) months;
7 after the date of the child's removal under IC 31-34-2-3 or under
8 the child's dispositional decree, whichever is earlier.
9 (c) A court may extend the provision of reunification services to
10 a child's parent, guardian, or custodian for:
11 (1) a period of not more than ninety (90) days if the court
12 finds after an evidentiary hearing that:
13 (A) the parent, guardian, or custodian has substantially
14 complied with the child's dispositional decree; and
15 (B) the extension is in the child's best interests; and
16 (2) an additional period of not more than ninety (90) days
17 following an extension under subdivision (1) if the court:
18 (A) finds after an evidentiary hearing, by clear and
19 convincing evidence, that:
20 (i) the parent, guardian, or custodian has substantially
21 complied with the child's dispositional decree; and
22 (ii) the extension is in the child's best interests; and
23 (B) includes in the order for the extension:
24 (i) the facts upon which the court based the court's
25 findings under clause (A); and
26 (ii) the time period within which it is likely that
27 reunification of the child with the parent will occur.
28 (d) A court may extend the provision of reunification services to
29 a child's parent, guardian, or custodian if the court finds after an
30 evidentiary hearing that the child's parent, guardian, or custodian,
31 by no fault of the parent, guardian, or custodian, was not afforded
32 an adequate opportunity to substantially participate in the
33 reunification services.
34 (e) The following are not a basis for an extension under
35 subsection (c) or (d):
36 (1) Delay or failure by the parent, guardian, or custodian to
37 establish paternity or seek custody of the child.
38 (2) Failure of the parent, guardian, or custodian to
39 substantially participate in the reunification services due to
40 the conduct of the parent, guardian, or custodian.
41 (f) In determining whether to extend the provision of
42 reunification services to a child's parent under subsection (c) or
HB 1605—LS 7589/DI 119 12
1 (d), a court shall take into consideration the status of any minor
2 siblings of the child.
3 SECTION 17. IC 31-34-21-5, AS AMENDED BY P.L.69-2024,
4 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5 JULY 1, 2025]: Sec. 5. (a) Subject to subsection (c), the court shall
6 determine:
7 (1) whether the child's case plan, services, and placement meet
8 the special needs and best interests of the child;
9 (2) whether the department has made reasonable efforts to
10 provide family services, unless a finding has been made under
11 section 5.6 of this chapter that reasonable efforts for family
12 preservation or reunification are not required; and
13 (3) a projected date for the child's return home, the child's
14 adoption placement, the child's emancipation, or the appointment
15 of a legal guardian for the child under section 7.5(c)(1)(D) of this
16 chapter.
17 (b) The determination of the court under subsection (a) must be
18 based on findings written after consideration of the following:
19 (1) Whether the department, the child, or the child's parent,
20 guardian, or custodian has complied with the child's case plan.
21 (2) Written documentation containing descriptions of:
22 (A) the family services that have been offered or provided to
23 the child or the child's parent, guardian, or custodian;
24 (B) the dates during which the family services were offered or
25 provided; and
26 (C) the outcome arising from offering or providing the family
27 services.
28 (3) The extent of the efforts made by the department to offer and
29 provide family services.
30 (4) The extent to which the parent, guardian, or custodian has
31 enhanced the ability to fulfill parental obligations.
32 (5) The extent to which the parent, guardian, or custodian has
33 visited the child, including the reasons for infrequent visitation.
34 (6) The extent to which the parent, guardian, or custodian has
35 cooperated with the department.
36 (7) The child's recovery from any injuries suffered before
37 removal.
38 (8) Whether any additional services are required for the child or
39 the child's parent, guardian, or custodian and, if so, the nature of
40 those services.
41 (9) The extent to which the child has been rehabilitated.
42 (10) If the child is placed out-of-home, whether the child is in the
HB 1605—LS 7589/DI 119 13
1 least restrictive, most family-like setting, and whether the child is
2 placed close to the home of the child's parent, guardian, or
3 custodian.
4 (11) The extent to which the causes for the child's out-of-home
5 placement or supervision have been alleviated.
6 (12) Whether current placement or supervision by the department
7 should be continued.
8 (13) The extent to which the child's parent, guardian, or custodian
9 has participated or has been given the opportunity to participate
10 in case planning, periodic case reviews, dispositional reviews,
11 placement of the child, and visitation.
12 (14) Whether the department has made reasonable efforts to
13 reunify or preserve a child's family unless reasonable efforts are
14 not required under section 5.6 of this chapter.
15 (15) Subject to subsection (c), whether it is an appropriate time to
16 prepare or implement a permanency plan for the child under
17 section 7.5 of this chapter.
18 (16) If:
19 (A) the child has been in an out-of-home placement at any
20 time during the child in need of services proceeding; and
21 (B) the child's dispositional decree includes an order under
22 IC 31-34-20-1(a)(6) requiring the child's parent, guardian,
23 or custodian to receive reunification services;
24 the amount of time remaining for the parent, guardian, or
25 custodian to complete the reunification services under
26 IC 31-34-20-1.6.
27 (c) The permanency plan for a child who has, at the time of a
28 periodic case review or permanency hearing, been removed from the
29 child's parent for at least twelve (12) months of the most recent
30 twenty-two (22) months, must include at least one (1) intended
31 permanent or long term arrangement for care and custody of the child
32 under section 7.5(c) of this chapter other than reunification of the child
33 with the child's parent, guardian, or custodian.
34 SECTION 18. IC 31-34-21-5.5, AS AMENDED BY P.L.48-2012,
35 SECTION 64, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
36 JULY 1, 2025]: Sec. 5.5. (a) In determining the extent to which
37 reasonable efforts to reunify or preserve a family are appropriate under
38 this chapter, the child's health, welfare, and safety are of paramount
39 concern.
40 (b) Except as provided in section 5.6 of this chapter, the department
41 shall make reasonable efforts to preserve and reunify families as
42 follows:
HB 1605—LS 7589/DI 119 14
1 (1) If a child has not been removed from the child's home, to
2 prevent or eliminate the need for removing the child from the
3 child's home.
4 (2) If a child has been removed from the child's home, to make it
5 possible for the child to return safely to the child's home as soon
6 as possible.
7 (c) The department may, shall, before reunification of the child with
8 a parent, guardian, or custodian, conduct a criminal history check (as
9 defined in IC 31-9-2-22.5) of:
10 (1) the child's:
11 (A) parent;
12 (B) guardian; or
13 (C) custodian; or and
14 (2) a any household member of the:
15 (A) parent;
16 (B) guardian; or
17 (C) custodian.
18 (d) The department may shall:
19 (1) use the results of a criminal history check conducted under
20 subsection (c) to decide whether it is safe for the child to return
21 home; and
22 (2) provide the results of the criminal history check to the
23 court.
24 SECTION 19. IC 31-34-21-7, AS AMENDED BY P.L.69-2024,
25 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26 JULY 1, 2025]: Sec. 7. (a) The court shall hold a permanency hearing:
27 (1) not more than thirty (30) days after a court finds that
28 reasonable efforts to reunify or preserve a child's family are not
29 required as described in section 5.6 of this chapter;
30 (2) every twelve (12) months after:
31 (A) the date of the original dispositional decree; or
32 (B) a child in need of services was removed from the child's
33 parent, guardian, or custodian;
34 whichever comes first; or
35 (3) if:
36 (A) the child has been removed from the child's parent,
37 guardian, or custodian for at least twelve (12) months; or
38 (B) at least twelve (12) months have expired since the date
39 on which the child's dispositional decree was entered;
40 at the request of any party to the child in need of services
41 proceeding that requests the permanency hearing on the basis
42 that continuation of efforts to reunify or preserve the family
HB 1605—LS 7589/DI 119 15
1 are inconsistent with the best interests of the child; or
2 (3) (4) more often if ordered by the juvenile court.
3 (b) The court shall:
4 (1) make the determination and findings required by section 5 of
5 this chapter;
6 (2) consider the question of continued jurisdiction and whether
7 the dispositional decree should be modified;
8 (3) consider recommendations of persons listed under section 4
9 of this chapter, before approving a permanency plan under
10 subdivision (5);
11 (4) consult with the child in person, or through an interview with
12 or written statement or report submitted by:
13 (A) a guardian ad litem or court appointed special advocate for
14 the child;
15 (B) a case manager; or
16 (C) the person with whom the child is living and who has
17 primary responsibility for the care and supervision of the
18 child;
19 in an age appropriate manner as determined by the court,
20 regarding the proposed permanency plan;
21 (5) consider and approve a permanency plan for the child:
22 (A) that complies with the requirements set forth in section 7.5
23 of this chapter; and
24 (B) if the child has, at the time of the permanency hearing,
25 been removed from the child's parent for at least twelve (12)
26 months of the most recent twenty-two (22) months, that
27 includes at least one (1) intended permanent or long term
28 arrangement for care and custody of the child under section
29 7.5(c) of this chapter other than reunification of that would
30 not return the child with the child's to the care and custody
31 of the parent, guardian, or custodian from whose care and
32 custody the child has been removed;
33 (6) determine whether an existing permanency plan must be
34 modified; and
35 (7) examine procedural safeguards used by the department to
36 protect parental rights.
37 (c) If a child is less than sixteen (16) years of age, the intended
38 permanent or long-term arrangement for care and custody of the
39 child under section 7.5(c) of this chapter may be guardianship or
40 placement with a permanent custodian only if the proposed
41 guardian or custodian appears before the court and testifies as to
42 the individual's willingness to assume custody of the child.
HB 1605—LS 7589/DI 119 16
1 (c) (d) If the child is at least sixteen (16) years of age and the
2 proposed permanency plan provides for another planned permanent
3 living arrangement, the court shall, at each permanency hearing, do all
4 the following:
5 (1) Require the department to provide notice of the permanency
6 hearing to the child, in accordance with section 4(a) of this
7 chapter.
8 (2) Provide to the child an opportunity to be heard and to make
9 recommendations to the court, in accordance with section 4(d) of
10 this chapter.
11 (3) Require the department to document or provide testimony
12 regarding the intensive, ongoing, and, as of the date of the
13 hearing, unsuccessful efforts made by the department to return the
14 child home or secure a placement for the child with a fit and
15 willing relative, legal guardian, or adoptive parent, including
16 efforts through the use of search technology, such as social media,
17 to find biological or adoptive family members for the child.
18 (4) Ask the child about the desired permanency outcome for the
19 child and document the child's response.
20 (5) Make a judicial determination explaining why, as of the date
21 of the hearing, another planned permanent living arrangement is
22 the best permanency plan for the child and provide compelling
23 reasons why it continues to not be in the best interests of the child
24 to:
25 (A) return home;
26 (B) be placed for adoption;
27 (C) be placed with a legal guardian; or
28 (D) be placed with a fit and willing relative.
29 (6) Require the department to document or provide testimony
30 regarding the steps the department is taking to ensure that:
31 (A) the child's foster family home, group home, secure private
32 facility, or child caring institution is following the reasonable
33 and prudent parent standard; and
34 (B) the child has regular, ongoing opportunities to engage in
35 age or developmentally appropriate activities, including
36 consulting with the child in an age appropriate manner about
37 the opportunities for the child to participate in the activities.
38 (d) (e) There is a rebuttable presumption that jurisdiction over the
39 child in a child in need of services proceeding continues for not longer
40 than twelve (12) months after the date of the original dispositional
41 decree or twelve (12) months after the child in need of services was
42 removed from the child's parent, guardian, or custodian, whichever
HB 1605—LS 7589/DI 119 17
1 occurs first. The state may rebut the presumption and show that
2 jurisdiction should continue by proving that the objectives of the
3 dispositional decree have not been accomplished, that a continuation
4 of the decree with or without any modifications is necessary, and that
5 it is in the child's best interests for the court to maintain its jurisdiction
6 over the child. If the department does not sustain its burden for
7 continued jurisdiction, the court shall:
8 (1) direct the department to establish a permanency plan within
9 thirty (30) days; or
10 (2) discharge the child and the child's parent, guardian, or
11 custodian.
12 The court may retain jurisdiction to the extent necessary to carry out
13 any orders under subdivision (1).
14 SECTION 20. IC 31-34-21-7.3, AS AMENDED BY P.L.128-2012,
15 SECTION 168, IS AMENDED TO READ AS FOLLOWS
16 [EFFECTIVE JULY 1, 2025]: Sec. 7.3. (a) This section applies after:
17 (1) a court approves a permanency plan for a child under
18 which the only intended permanent or long term arrangement
19 for care and custody of the child is placement of the child for
20 adoption;
21 (1) (2) a court authorizes the filing of a petition to terminate the
22 parent-child relationship; or
23 (2) (3) a petition to terminate the parent-child relationship is filed;
24 in relation to a child in need of services.
25 (b) The department shall post the following nonidentifying
26 information on the Internet to facilitate a potential adoptive placement
27 of the child:
28 (1) The child's age, gender, and summary of the child's
29 educational, social, and medical background, including known
30 disabilities.
31 (2) The reason the child was removed from the child's home.
32 (3) Whether a person has expressed an interest in adopting the
33 child.
34 (4) The name, address, and telephone number of a contact person
35 from:
36 (A) the department;
37 (B) the appropriate local office; or
38 (C) licensed child placing agency;
39 where a person who may be interested in adopting the child may
40 obtain further information about adopting the child.
41 (5) Whether a petition to terminate the rights of the child's parents
42 has been authorized or filed, and whether the rights of the child's
HB 1605—LS 7589/DI 119 18
1 parents have been terminated.
2 (6) An address and telephone number of:
3 (A) the department;
4 (B) the appropriate local office; or
5 (C) licensed child placing agency;
6 where a person who may be interested in adopting the child may
7 obtain further information about adopting the child.
8 (c) Except as provided in subsection (d), the information posted
9 under subsection (b) may not identify the name of any of the following
10 persons:
11 (1) The child.
12 (2) The child's biological or adoptive parents.
13 (3) A sibling of the child.
14 (4) A caretaker of the child.
15 (d) If the child is a hard to place child, the information posted
16 by the department under subsection (b) may include the child's
17 first name and picture.
18 (d) (e) The department shall update any relevant information under
19 this section after either of the following:
20 (1) Each of the child's periodic reviews that occur after the
21 information under this section is required to be posted.
22 (2) The rights of the child's parents have been terminated.
23 (e) (f) The department shall remove the information required under
24 subsection (b) from the Internet whenever the child is reunited with the
25 child's family or an adoption of the child is filed under IC 31-19-2.
26 (f) (g) Upon request, the department shall inform the person making
27 the request of the address of the Internet web site containing the
28 information described in this section.
29 SECTION 21. IC 31-35-1-5, AS AMENDED BY P.L.146-2007,
30 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
31 JULY 1, 2025]: Sec. 5. (a) The court shall hold an initial hearing on
32 a petition filed under section 4 of this chapter not later than thirty
33 (30) days after the date on which the petition is filed.
34 (a) (b) Except as provided in subsection (b), (c), the parents shall be
35 notified of the hearing in accordance with IC 31-32-9.
36 (b) (c) A parent who has made a valid consent to the termination of
37 a parent-child relationship may waive the notice required by subsection
38 (a) (b) if the waiver:
39 (1) is in writing either:
40 (A) in the parent's consent to terminate the parent-child
41 relationship; or
42 (B) in a separate document;
HB 1605—LS 7589/DI 119 19
1 (2) is signed by the parent in the presence of a notary public; and
2 (3) contains an acknowledgment that:
3 (A) the waiver is irrevocable; and
4 (B) the parent will not receive notice of:
5 (i) adoption; or
6 (ii) termination of parent-child relationship;
7 proceedings.
8 SECTION 22. IC 31-35-1-12, AS AMENDED BY P.L.128-2012,
9 SECTION 171, IS AMENDED TO READ AS FOLLOWS
10 [EFFECTIVE JULY 1, 2025]: Sec. 12. For purposes of sections 6 and
11 8 of this chapter, the parents must be advised that:
12 (1) their consent is permanent and cannot be revoked or set aside
13 unless it was obtained by fraud or duress or unless the parent is
14 incompetent;
15 (2) when the court terminates the parent-child relationship:
16 (A) all rights, powers, privileges, immunities, duties, and
17 obligations, including any rights to custody, control, parenting
18 time, or support pertaining to the relationship, are permanently
19 terminated; and
20 (B) their consent to the child's adoption is not required;
21 (3) the parents have a right to the:
22 (A) care;
23 (B) custody; and
24 (C) control;
25 of their child as long as the parents fulfill their parental
26 obligations;
27 (4) the parents have a right to a judicial determination of any
28 alleged failure to fulfill their parental obligations in a proceeding
29 to adjudicate their child a delinquent child or a child in need of
30 services;
31 (5) the parents have a right to assistance in fulfilling their parental
32 obligations after a court has determined that the parents are not
33 doing so;
34 (6) proceedings to terminate the parent-child relationship against
35 the will of the parents can be initiated only after:
36 (A) the child has been adjudicated a delinquent child or a child
37 in need of services and removed from their custody following
38 the adjudication; or
39 (B) a parent has been convicted and imprisoned for an offense
40 listed in IC 31-35-3-4 (or has been convicted and imprisoned
41 for an offense listed in IC 31-6-5-4.2(a) before its repeal), the
42 child has been removed from the custody of the parents under
HB 1605—LS 7589/DI 119 20
1 a dispositional decree, and the child has been removed from
2 the custody of the parents for six (6) months under a court
3 order;
4 (7) the parents are entitled to representation by counsel, provided
5 by the state if necessary, throughout any proceedings to terminate
6 the parent-child relationship against the will of the parents;
7 (8) the parents will receive notice of the hearing, unless notice is
8 waived under section 5(b) 5(c) of this chapter, at which the court
9 will decide if their consent was voluntary, and the parents may
10 appear at the hearing and allege that the consent was not
11 voluntary; and
12 (9) the parents' consent cannot be based upon a promise regarding
13 the child's adoption or contact of any type with the child after the
14 parents voluntarily relinquish their parental rights of the child
15 after entry of an order under this chapter terminating the
16 parent-child relationship.
17 SECTION 23. IC 31-35-2-3.5 IS ADDED TO THE INDIANA
18 CODE AS A NEW SECTION TO READ AS FOLLOWS
19 [EFFECTIVE JULY 1, 2025]: Sec. 3.5. (a) The department shall, and
20 any of the following individuals may, file a petition under section
21 4 of this chapter with regard to a child and the child's parent if one
22 (1) or more of the circumstances described in subsection (b) occur:
23 (1) The child's guardian ad litem or court appoint special
24 advocate.
25 (2) An individual:
26 (A) with whom the child is placed during the child in need
27 of services proceedings; and
28 (B) who is an intervenor in the child in need of services
29 proceedings.
30 (b) The circumstances under which the department shall, or an
31 individual described in subsection (a) may, file a petition under
32 subsection (a) are as follows:
33 (1) Federal law requires the filing of a petition under section
34 4 of this chapter with regard to the child.
35 (2) The parent:
36 (A) either:
37 (i) has not completed; or
38 (ii) has not benefitted from;
39 reunification services in which the parent was ordered to
40 participate under the child's dispositional decree; and
41 (B) either:
42 (i) has not been granted an extension of the reunification
HB 1605—LS 7589/DI 119 21
1 services under IC 31-34-20-1.6; or
2 (ii) has exhausted all extensions of the reunification
3 services available under IC 31-34-20-1.6.
4 (3) A previous petition was filed under section 4 of this
5 chapter with regard to the child and was subsequently
6 dismissed under section 4.5 of this chapter, and ninety (90)
7 days or more have elapsed since the petition was dismissed.
8 SECTION 24. IC 31-35-2-4, AS AMENDED BY P.L.70-2024,
9 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10 JULY 1, 2025]: Sec. 4. (a) A petition to terminate the parent-child
11 relationship involving a child adjudicated as a delinquent child or child
12 in need of services may be signed and filed with the juvenile or probate
13 court by any of the following:
14 (1) The attorney for the department.
15 (2) The child's court appointed special advocate.
16 (3) The child's guardian ad litem.
17 (4) An individual:
18 (A) with whom the child is placed during; and
19 (B) who is an intervenor in;
20 the child in need of services proceedings regarding the child
21 as provided in section 3.5 of this chapter.
22 (b) A petition filed under subsection (a) must be entitled "In the
23 Matter of the Termination of the Parent-Child Relationship of
24 ___________, a child, and ____________, the child's parent (or
25 parents)".
26 (c) A petition filed under subsection (a) must allege:
27 (1) the existence of one (1) or more of the circumstances
28 described in subsection (d);
29 (2) that there is a satisfactory plan for care and treatment of the
30 child; and
31 (3) that termination of the parent-child relationship is in the
32 child's best interests.
33 (d) A petition filed under subsection (a) must allege the existence
34 of one (1) or more of the following circumstances:
35 (1) That a court has entered a finding under IC 31-34-21-5.6 that
36 reasonable efforts for family preservation or reunification are not
37 required, including a description of the court's finding, the date of
38 the finding, and the manner in which the finding was made.
39 (2) That:
40 (A) the child has been removed from the parent and has been
41 under the supervision of a local office or probation department
42 for at least fifteen (15) months of the most recent twenty-two
HB 1605—LS 7589/DI 119 22
1 (22) months, beginning with the date the child is removed
2 from the home as a result of the child being alleged to be a
3 child in need of services or a delinquent child; and
4 (B) despite the department's reasonable efforts to preserve and
5 reunify the child's family under IC 31-34-21-5.5, the parent
6 has been unable to remedy the circumstances that resulted in
7 the child being placed in care outside the parent's home.
8 (3) That there is a reasonable probability that the conditions that
9 resulted in the child's removal or the reasons for placement
10 outside the home of the parents will not be remedied.
11 (4) That there is a reasonable probability that the continuation of
12 the parent-child relationship poses a threat to the well-being,
13 safety, physical health, or life of the child.
14 (5) That the child has, on two (2) separate occasions, been
15 adjudicated a child in need of services.
16 (6) That:
17 (A) at least ninety (90) days have passed since the filing of the
18 petition alleging that the child is a child in need of services;
19 and
20 (B) the identity or location of the parent is unknown despite
21 reasonable efforts having been made to identify or locate the
22 parent.
23 (7) That the parent:
24 (A) failed to substantially comply with the child's dispositional
25 decree for a period of at least twelve (12) months following the
26 child's:
27 (i) removal from the parent's home under IC 31-34-2; or
28 (ii) adjudication as a child in need of services;
29 whichever occurred earlier, unless the parent's failure to
30 substantially comply with the child's dispositional decree was
31 due to the failure of the department to make reasonable efforts
32 to preserve and reunify the child's family under
33 IC 31-34-21-5.5; or
34 (B) is unlikely or unable to substantially comply with the
35 child's dispositional decree.
36 (8) That the parent is incarcerated and one (1) or more of the
37 following is true:
38 (A) The parent is expected to remain incarcerated for a
39 significant portion of the remaining time during which the
40 child is less than eighteen (18) years of age. When
41 determining whether the portion of the remaining time is
42 significant, the court shall consider the following factors:
HB 1605—LS 7589/DI 119 23
1 (i) The age of the child.
2 (ii) The relationship between the child and the parent.
3 (iii) The nature of the parent's current and past
4 provision for the child's developmental, cognitive,
5 psychological, and physical needs.
6 (iv) The parent's history of criminal behavior, including
7 the frequency of the parent's incarceration and the
8 unavailability of the parent to the child due to the
9 parent's incarceration.
10 (v) Any other factor the court considers relevant.
11 (B) The parent is a sexually violent predator (as defined by
12 IC 35-38-1-7.5).
13 (9) That the parent:
14 (A) has a history of extensive, abusive, and chronic use of
15 alcohol or a controlled substance that renders the parent
16 incapable of caring for the child; and
17 (B) either:
18 (i) has refused or failed to complete available treatment for
19 the alcohol or controlled substance use during the two (2)
20 year period immediately preceding the filing date of the
21 petition under subsection (a); or
22 (ii) has completed treatment for the alcohol or controlled
23 substance use but has resumed use of alcohol or a
24 controlled substance after being reunified with the child.
25 (10) That:
26 (A) a test administered at the child's birth that indicated that
27 the child's blood, urine, umbilical cord tissue, or meconium
28 contained any amount of alcohol or a controlled substance, or
29 metabolites of such substances, the presence of which was not
30 the result of medical treatment administered to the mother or
31 the child; and
32 (B) the parent:
33 (i) is the biological mother of at least one (1) other child
34 who was adjudicated a child in need of services after a
35 finding of harm to the child's health or welfare due to
36 exposure to alcohol or a controlled substance; and
37 (ii) had the opportunity to participate in substance abuse
38 treatment following the finding under item (i).
39 (11) That the child was conceived as a result of:
40 (A) an offense under IC 35-42-3.5 (human and sexual
41 trafficking);
42 (B) rape (IC 35-42-4-1);
HB 1605—LS 7589/DI 119 24
1 (C) child molestation (IC 35-42-4-3);
2 (D) sexual misconduct with a minor (IC 35-42-4-9); or
3 (E) an offense committed in another jurisdiction the elements
4 of which are substantially similar to the elements of an offense
5 described in clause (A), (B), (C), or (D);
6 committed by the biological parent of the child whose
7 parent-child relationship with the child is the subject of the
8 petition.
9 (12) That the parent is required to register as a sex or violent
10 offender under IC 11-8-8.
11 (13) That one (1) or more circumstances described in section
12 3.5 of this chapter have occurred.
13 (e) If the department intends to file a motion to dismiss under
14 section 4.5 of this chapter, the petition must indicate whether at least
15 one (1) of the factors listed in section 4.5(d)(1) through 4.5(d)(4) of this
16 chapter applies and specify each factor that would apply as the basis for
17 filing a motion to dismiss the petition.
18 (f) At the time the petitioner files a petition under this section with
19 the juvenile or probate court, the petitioner shall also file a:
20 (1) copy of the order approving the permanency plan under
21 IC 31-34-21-7 for the child; or
22 (2) permanency plan for the child as described by
23 IC 31-34-21-7.5.
24 SECTION 25. IC 31-35-2-6, AS AMENDED BY P.L.244-2023,
25 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26 JULY 1, 2025]: Sec. 6. (a) Except when a hearing is required after June
27 30, 1999, under section 4.5 of this chapter, the person filing the petition
28 shall request the court to set the petition for a hearing. Whenever a
29 hearing is requested under this chapter, the court shall:
30 (1) commence a hearing on the petition not more than ninety (90)
31 days after a petition is filed under this chapter; and
32 (2) complete a hearing on the petition not more than one hundred
33 eighty (180) days after a petition is filed under this chapter.
34 (b) If a hearing is not held within the time set forth in subsection (a):
35 (1) upon filing of a motion with the court by a party; and
36 (2) absent good cause shown for the failure to hold the hearing
37 within the time set forth in subsection (a); a finding by the court
38 that the extension of the deadline for the hearing is
39 necessitated by:
40 (A) unanticipated, emergent circumstances;
41 (B) the circumstances of the case; or
42 (C) the Indiana Rules of Trial Procedure;
HB 1605—LS 7589/DI 119 25
1 the court shall dismiss the petition to terminate the parent-child
2 relationship without prejudice.
HB 1605—LS 7589/DI 119 26
COMMITTEE REPORT
Mr. Speaker: Your Committee on Judiciary, to which was referred
House Bill 1605, has had the same under consideration and begs leave
to report the same back to the House with the recommendation that said
bill be amended as follows:
Page 3, line 24, delete "A" and insert "Except as provided in
IC 31-34-11-1, a".
Page 8, line 8, delete "by unanticipated, emergent" and insert "by:
(1) unanticipated, emergent circumstances;
(2) the circumstances of the case; or
(3) the Indiana Rules of Trial Procedure.".
Page 8, delete line 9.
Page 14, line 15, delete "shall" and insert "shall:
(1)".
Page 14, line 17, delete "." and insert "; and
(2) provide the results of the criminal history check to the
court.".
Page 24, line 33, delete "by unanticipated, emergent circumstances;"
and insert "by:
(A) unanticipated, emergent circumstances;
(B) the circumstances of the case; or
(C) the Indiana Rules of Trial Procedure;".
and when so amended that said bill do pass.
(Reference is to HB 1605 as introduced.)
JETER
Committee Vote: yeas 10, nays 2.
HB 1605—LS 7589/DI 119