*EH1605.1*
March 19, 2025
ENGROSSED
HOUSE BILL No. 1605
_____
DIGEST OF HB 1605 (Updated March 17, 2025 6:15 pm - DI 148)
Citations Affected: IC 12-8; IC 12-14; 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 (FSSA) to provide address information to the
department of child services (department) under specified
circumstances subject to federal approval of a state plan amendment or
waiver allowing FSSA to do so. 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
(Continued next page)
Effective: July 1, 2025.
McGuire, Lauer, Goss-Reaves,
Garcia Wilburn
(SENATE SPONSORS — BROWN L, KOCH, FREEMAN, ALEXANDER)
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.
February 17, 2025, amended, reported — Do Pass.
February 19, 2025, read second time, ordered engrossed.
February 20, 2025, engrossed. Read third time, passed. Yeas 69, nays 23.
SENATE ACTION
March 3, 2025, read first time and referred to Committee on Family and Children Services.
March 18, 2025, amended, reported favorably — Do Pass; reassigned to Committee on
Appropriations.
EH 1605—LS 7589/DI 119 Digest Continued
(CHINS) proceeding; or (2) termination of parent-child relationship
(TPR) proceeding; is not subject to waiver by a party to the proceeding,
except as permitted in specified circumstances 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 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 that 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
(Continued next page)
EH 1605—LS 7589/DI 119EH 1605—LS 7589/DI 119 Digest Continued
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 if the
department conducts a criminal history check of: (1) a parent, guardian,
or custodian; or (2) a household member of the parent, guardian, or
custodian; before reunifying a child with the parent, guardian, or
custodian, the department shall (rather than may, under current law)
use the results of the criminal history check to decide whether it is safe
for the child to return home and shall provide the results of the criminal
history check to the court. 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 care and
custody arrangement 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 care and custody
arrangement for 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 under which adoption is the only intended
permanent or long term care and custody arrangement, 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 appointed 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. Provides that a
representative of a licensed child placing agency that is providing
services to a child during child in need of services (CHINS)
proceedings is entitled to attend, in its entirety, any hearing conducted
as part of: (1) the CHINS proceedings; or (2) termination of
parent-child relationship (TPR) proceedings resulting from a TPR
petition filed with regard to the child during the CHINS proceedings.
Provides that the requirement that DCS publish specified information
regarding a child to facilitate adoption of the child does not apply if the
child is already in a pre-adoptive placement in a proposed adoptive
home. Makes conforming and technical changes.
EH 1605—LS 7589/DI 119EH 1605—LS 7589/DI 119 March 19, 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.
ENGROSSED
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. (a) Subject to an approved
4 state plan amendment or waiver under subsection (b), the office of
5 the secretary shall, immediately upon request by the department
6 of child services, provide to the department of child services
7 address information that is maintained by the office of the
8 secretary and that is necessary for the department of child services
9 to:
10 (1) respond to a report of suspected child abuse or neglect
11 under IC 31-33; or
12 (2) take action concerning a child with regard to whom
13 exigent circumstances (as defined by IC 31-9-2-44.1) exist.
14 (b) The office of the secretary shall apply for any state plan
15 amendment or waiver necessary to implement this section.
EH 1605—LS 7589/DI 119 2
1 SECTION 2. IC 12-14-1-7, AS ADDED BY P.L.161-2007,
2 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 7. (a) A record that identifies an individual who
4 has applied for, or is receiving, cash assistance or supportive services
5 under the TANF program:
6 (1) is confidential; and
7 (2) is exempt from the disclosure requirements of IC 5-14-3-3.
8 (b) The division may use or disclose information concerning a
9 TANF applicant or recipient only for purposes directly connected to the
10 following:
11 (1) The administration, including establishing eligibility,
12 determining the amount of assistance, and providing services for
13 applicants and recipients, of a state plan or program approved
14 under:
15 (A) Title I;
16 (B) Title IV-A;
17 (C) Title IV-B;
18 (D) Title IV-D;
19 (E) Title IV-E;
20 (F) Title X;
21 (G) Title XIV;
22 (H) Title XV;
23 (I) Title XVI;
24 (J) Title XIX;
25 (K) Title XX; or
26 (L) Title XXI;
27 of the federal Social Security Act.
28 (2) An investigation, a prosecution, or a civil or criminal
29 proceeding conducted concerning the administration of the TANF
30 program or a program described in subdivision (1).
31 (3) The administration of any federal, state, or township program
32 that provides assistance or services to individuals on the basis of
33 need.
34 (4) A request by the department of child services under
35 IC 12-8-1.5-6.1.
36 (c) The division shall safeguard information, including the
37 following:
38 (1) The name and address of an applicant or a recipient.
39 (2) Information concerning the economic and social conditions of
40 an individual.
41 (3) The evaluation of information concerning an individual.
42 (4) Medical information.
EH 1605—LS 7589/DI 119 3
1 SECTION 3. IC 31-9-2-45.5 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2025]: Sec. 45.5. "Fentanyl containing substance", for purposes
4 of the juvenile law, has the meaning set forth in IC 35-31.5-2-130.6.
5 SECTION 4. IC 31-9-2-45.6 IS ADDED TO THE INDIANA CODE
6 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
7 1, 2025]: Sec. 45.6. "Fentanyl related substance", for purposes of
8 the juvenile law, has the meaning set forth in IC 35-31.5-2-130.5.
9 SECTION 5. IC 31-9-2-51 IS AMENDED TO READ AS
10 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 51. "Hard to place
11 child" or "hard to place children", for purposes of IC 31-19 and
12 IC 31-34, means a child who is or children who are disadvantaged:
13 (1) because of:
14 (A) ethnic background;
15 (B) race;
16 (C) color;
17 (D) language;
18 (E) physical, mental, or medical disability; or
19 (F) age; or
20 (2) because the child or children are members of a sibling group
21 that should be placed in the same home.
22 SECTION 6. IC 31-10-2-1, AS AMENDED BY P.L.45-2024,
23 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
24 JULY 1, 2025]: Sec. 1. It is the policy of this state and the purpose of
25 this title to:
26 (1) recognize the importance of family and children in our society,
27 including the parenting rights of a parent, regardless of whether
28 the parent has a disability;
29 (2) recognize the responsibility of the state to enhance the
30 viability of children and family in our society;
31 (3) acknowledge the responsibility each person owes to the other;
32 (4) recognize the responsibility of the state and of the
33 department of child services for the safety of children who are
34 abused or neglected;
35 (4) (5) strengthen family life by assisting parents to fulfill their
36 parental obligations while recognizing that a parent's interest
37 in receiving services at the time and expense of the state for
38 purposes of reunification is limited as set forth in
39 IC 31-34-20-1.6;
40 (5) (6) promote the safety of all children involved in the
41 juvenile justice system and ensure that children within the
42 juvenile justice system are treated as persons in need of care,
EH 1605—LS 7589/DI 119 4
1 protection, treatment, and rehabilitation;
2 (6) (7) remove children from families only when it is in the child's
3 best interest or in the best interest of public safety;
4 (8) ensure timely placement of children in foster care into
5 permanent homes;
6 (7) (9) make reasonable efforts to support and facilitate two-way
7 communication between a child's parent or parents and any
8 licensed foster parent or kinship caregiver caring for the child
9 following removal by the department of child services;
10 (8) (10) provide for adoption as a viable permanency plan for
11 children who are adjudicated children in need of services;
12 (9) (11) provide a juvenile justice system that protects the public
13 by enforcing the legal obligations that children have to society
14 and society has to children;
15 (10) (12) use diversionary programs when appropriate;
16 (11) (13) provide a judicial procedure that:
17 (A) ensures fair hearings;
18 (B) recognizes and enforces the legal rights of children and
19 their parents; and
20 (C) recognizes and enforces the accountability of children and
21 parents;
22 (12) (14) promote public safety and individual accountability by
23 the imposition of appropriate sanctions; and
24 (13) (15) provide a continuum of services developed in a
25 cooperative effort by local governments and the state.
26 SECTION 7. IC 31-32-1-5 IS ADDED TO THE INDIANA CODE
27 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
28 1, 2025]: Sec. 5. Except as provided in IC 31-34-11-1 and
29 IC 31-35-2-6, a procedural deadline set forth in:
30 (1) IC 31-34 with regard to a child in need of services
31 proceeding; or
32 (2) IC 31-35 with regard to a proceeding to terminate the
33 parent-child relationship;
34 is not subject to waiver, whether affirmative or implied, by a party
35 to the proceeding.
36 SECTION 8. IC 31-32-2-3.5 IS ADDED TO THE INDIANA CODE
37 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
38 1, 2025]: Sec. 3.5. An individual with whom a child is placed, or a
39 representative of a licensed child placing agency (as defined by
40 IC 31-9-2-17.5) that is providing services to a child, during child in
41 need of services proceedings regarding the child is entitled to
42 attend, in its entirety, any hearing conducted as part of:
EH 1605—LS 7589/DI 119 5
1 (1) the child in need of services proceedings; or
2 (2) proceedings to terminate the parent-child relationship
3 resulting from a petition filed with regard to the child under
4 IC 31-35-2-4 during the child in need of services proceedings.
5 SECTION 9. IC 31-32-2.5-1, AS AMENDED BY P.L.46-2024,
6 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7 JULY 1, 2025]: Sec. 1. (a) Except as provided in subsection (b) and
8 subject to this chapter, an individual who is providing care and
9 supervision of a child as:
10 (1) a foster parent;
11 (2) a long term foster parent; or
12 (3) a person who has been a foster parent; or
13 (4) (3) an unlicensed kinship caregiver;
14 of a child may petition the court to request intervention as a party
15 during any stage of at the time the child is the subject of a child in
16 need of services proceeding under IC 31-34 or a termination of
17 parent-child relationship proceeding under IC 31-35 concerning the
18 child may intervene as a party during any stage of the proceeding
19 if the individual files a petition to intervene with the court and the
20 court makes the findings described in section 3 of this chapter.
21 (b) Any person described in subsection (a) who has been:
22 (1) the subject of a substantiated report of child abuse or neglect;
23 or
24 (2) convicted of a nonwaivable offense, as defined in
25 IC 31-9-2-84.8;
26 may not petition the court to intervene under this chapter.
27 SECTION 10. IC 31-32-2.5-3, AS ADDED BY P.L.210-2019,
28 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
29 JULY 1, 2025]: Sec. 3. (a) A court shall grant a petition to intervene
30 filed under this chapter if the court determines that intervention by the
31 petitioner is in the best interests of the child.
32 (b) A court shall grant a petition filed under this chapter
33 requesting intervention in a child in need of services proceeding
34 under IC 31-34 concerning a child for whom the petitioner is
35 providing care and supervision if the court determines that:
36 (1) the petitioner has provided care and supervision for the
37 child for at least twelve (12) months following the initial
38 removal of the child from the home of the child's parent,
39 guardian, or custodian, regardless of whether the twelve (12)
40 months during which the petitioner has provided care and
41 supervision for the child were consecutive;
42 (2) a petition to terminate the parent-child relationship has
EH 1605—LS 7589/DI 119 6
1 been filed with regard to the child; or
2 (3) the child has been removed from the home of the child's
3 parent, guardian, or custodian for at least twelve (12) months
4 and the petitioner has filed a petition for adoption or
5 guardianship of the child.
6 (c) A court shall grant a petition filed under this chapter
7 requesting intervention in a termination of parent-child
8 relationship proceeding under IC 31-35 concerning a child for
9 whom the petitioner is providing care and supervision.
10 SECTION 11. IC 31-34-1-2, AS AMENDED BY P.L.172-2022,
11 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12 JULY 1, 2025]: Sec. 2. (a) A child is a child in need of services if
13 before the child becomes eighteen (18) years of age:
14 (1) the child's physical or mental health is seriously endangered
15 due to injury by the act or omission of the child's parent, guardian,
16 or custodian, including failure of the child's parent, guardian,
17 or custodian to protect the child from exposure to the use,
18 possession, sale, or manufacture of illegal drugs; and
19 (2) the child needs care, treatment, or rehabilitation that:
20 (A) the child is not receiving; and
21 (B) is unlikely to be provided or accepted without the coercive
22 intervention of the court.
23 (b) A child is a child in need of services if, before the child becomes
24 eighteen (18) years of age:
25 (1) the child is a victim of:
26 (A) an offense under IC 35-42-1-2.5;
27 (B) an offense under IC 35-42-2-1;
28 (C) an offense under IC 35-42-2-1.3;
29 (D) an offense under IC 35-42-2-1.5;
30 (E) an offense under IC 35-42-2-9;
31 (F) an offense under IC 35-42-2-10; or
32 (G) an offense under IC 35-46-1-4;
33 (2) the offense described in subdivision (1) was committed by the
34 parent, guardian, or custodian of the child; and
35 (3) the child needs care, treatment, or rehabilitation that:
36 (A) the child is not receiving; and
37 (B) is unlikely to be provided or accepted without the coercive
38 intervention of the court.
39 (c) A child is a child in need of services if, before the child becomes
40 eighteen (18) years of age, the child:
41 (1) lives in the same household as an adult who:
42 (A) committed:
EH 1605—LS 7589/DI 119 7
1 (i) an offense described in subsection (b)(1); or
2 (ii) an offense under IC 35-42-1-1, IC 35-42-1-2,
3 IC 35-42-1-3, IC 35-42-1-4, or IC 35-42-1-5;
4 against another child who lives in the household and the
5 offense resulted in a conviction or a judgment under
6 IC 31-34-11-2; or
7 (B) has been charged with committing an offense described in
8 clause (A) against another child who lives in the household
9 and is awaiting trial; and
10 (2) needs care, treatment, or rehabilitation that:
11 (A) the child is not receiving; and
12 (B) is unlikely to be provided or accepted without the coercive
13 intervention of the court.
14 (d) Evidence that the illegal manufacture of a drug or controlled
15 substance is occurring on property where a child resides creates a
16 rebuttable presumption that the child's physical or mental health is
17 seriously endangered.
18 SECTION 12. IC 31-34-5-3, AS AMENDED BY P.L.146-2008,
19 SECTION 580, IS AMENDED TO READ AS FOLLOWS
20 [EFFECTIVE JULY 1, 2025]: Sec. 3. (a) The juvenile court shall
21 release the child to the child's parent, guardian, or custodian. However,
22 the court may order the child detained if the court makes written
23 findings of fact upon the record of probable cause to believe that the
24 child is a child in need of services and that any of the following
25 factors applies:
26 (1) Detention is necessary to protect the child.
27 (2) The child is unlikely to appear before the juvenile court for
28 subsequent proceedings.
29 (3) The child has a reasonable basis for requesting that the child
30 not be released.
31 (4) The parent, guardian, or custodian:
32 (A) cannot be located; or
33 (B) is unable or unwilling to take custody of the child. or
34 (5) Consideration for the safety of the child precludes the use of
35 family services to prevent removal of the child. In considering
36 this factor, the court shall:
37 (A) give great weight to evidence:
38 (i) of the presence in the child's residence of; or
39 (ii) that the child has been exposed to;
40 a fentanyl containing substance or fentanyl related
41 substance for which the child's parent, guardian, or
42 custodian does not have a valid prescription; and
EH 1605—LS 7589/DI 119 8
1 (B) evaluate whether the evidence described in clause (A)(i)
2 or (A)(ii) necessitates removal in consideration of the
3 following factors:
4 (i) The age of the child.
5 (ii) Whether the child is particularly vulnerable to the
6 harmful effects of the fentanyl containing substance or
7 fentanyl related substance due to the child's medical or
8 developmental condition.
9 (iii) The risk of the child accidentally ingesting the
10 fentanyl containing substance or fentanyl related
11 substance.
12 (b) The juvenile court shall include in any order approving or
13 requiring detention of a child all findings and conclusions required
14 under:
15 (1) applicable provisions of Title IV-E of the federal Social
16 Security Act (42 U.S.C. 670 et seq.); or
17 (2) any applicable federal regulation, including 45 CFR 1356.21;
18 as a condition of eligibility of a child in need of services for assistance
19 under Title IV-E or any other federal law.
20 (c) Inclusion in a juvenile court order of language approved and
21 recommended by the judicial conference of Indiana, in relation to:
22 (1) removal from the child's home; or
23 (2) detention;
24 of a child who is alleged to be, or adjudicated as, a child in need of
25 services constitutes compliance with subsection (b).
26 SECTION 13. IC 31-34-9-7, AS AMENDED BY P.L.145-2006,
27 SECTION 295, IS AMENDED TO READ AS FOLLOWS
28 [EFFECTIVE JULY 1, 2025]: Sec. 7. The:
29 (1) child;
30 (2) child's parents, guardian, or custodian;
31 (3) department; and
32 (4) guardian ad litem or court appointed special advocate;
33 are parties to the proceedings described in the juvenile law and have all
34 rights of parties under the Indiana Rules of Trial Procedure, including
35 rights of discovery, subpoena, examination of witnesses, and
36 presentation of evidence at any hearing, including a fact finding
37 hearing.
38 SECTION 14. IC 31-34-11-1, AS AMENDED BY P.L.48-2012,
39 SECTION 59, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40 JULY 1, 2025]: Sec. 1. (a) Except as provided in subsection (b), unless
41 the allegations of a petition have been admitted, the juvenile court shall
42 complete a factfinding hearing not more than sixty (60) days after a
EH 1605—LS 7589/DI 119 9
1 petition alleging that a child is a child in need of services is filed in
2 accordance with IC 31-34-9.
3 (b) The juvenile court may extend the time to complete a factfinding
4 hearing, as described in subsection (a), for an additional sixty (60) days
5 if all parties in the action consent to the additional time.
6 (c) If the factfinding hearing is not held immediately after the initial
7 hearing as provided under IC 31-34-10-9, the department shall provide
8 notice of any factfinding hearing to each foster parent or other
9 caretaker with whom the child has been placed for temporary care. The
10 court shall provide a person who is required to be notified under this
11 subsection an opportunity to be heard at the factfinding hearing.
12 (d) If the factfinding hearing is not held within the time set forth in
13 subsection (a) or (b), upon a motion with the court, the court shall
14 dismiss the case without prejudice unless the court finds that the
15 extension is necessitated by:
16 (1) unanticipated, emergent circumstances;
17 (2) the circumstances of the case; or
18 (3) the Indiana Rules of Trial Procedure.
19 SECTION 15. IC 31-34-12-4.6 IS ADDED TO THE INDIANA
20 CODE AS A NEW SECTION TO READ AS FOLLOWS
21 [EFFECTIVE JULY 1, 2025]: Sec. 4.6. (a) There is a rebuttable
22 presumption that a child is a child in need of services if the court
23 finds that the child lives in the same household as an adult who is
24 subject to an order requiring the adult to participate in a program
25 of care, treatment, or rehabilitation under IC 31-34-20-3.
26 (b) There is a rebuttable presumption that a child is a child in
27 need of services if the court finds that the child's parent, guardian,
28 or custodian willfully or knowingly:
29 (1) exposed the child to the illegal manufacture or distribution
30 of a legend drug or controlled substance; or
31 (2) exposed the child to:
32 (A) methamphetamine;
33 (B) fentanyl; or
34 (C) a fentanyl containing substance (as defined by
35 IC 35-48-1-16.7);
36 for which the parent, guardian, or custodian did not have a
37 valid prescription.
38 SECTION 16. IC 31-34-20-1, AS AMENDED BY P.L.172-2022,
39 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40 JULY 1, 2025]: Sec. 1. (a) Subject to this section and section sections
41 1.5 and 1.6 of this chapter, if a child is a child in need of services, the
42 juvenile court may enter one (1) or more of the following dispositional
EH 1605—LS 7589/DI 119 10
1 decrees:
2 (1) Order supervision of the child by the department.
3 (2) Order the child to receive outpatient treatment:
4 (A) at a social service agency or a psychological, a psychiatric,
5 a medical, or an educational facility; or
6 (B) from an individual practitioner.
7 (3) Remove the child from the child's home and authorize the
8 department to place the child in another home, shelter care
9 facility, child caring institution, group home, or secure private
10 facility. Placement under this subdivision includes authorization
11 to control and discipline the child.
12 (4) Award wardship of the child to the department for
13 supervision, care, and placement.
14 (5) Partially or completely emancipate the child under section 6
15 of this chapter.
16 (6) Unless a finding has been made under IC 31-34-21-5.6 that
17 reasonable efforts for family preservation or reunification are
18 not required, order the child's parent, guardian, or custodian to
19 complete reunification services recommended by the department
20 and approved by the court under IC 31-34-18 and IC 31-34-19,
21 which may include services described in section 3(a) of this
22 chapter. In determining the reunification services that are
23 appropriate, the court shall take into consideration:
24 (A) any failure of the parent, guardian, or custodian to
25 substantially participate in previously ordered services or
26 substantially comply with a previous case plan;
27 (B) any history of the parent, guardian, or custodian
28 abusing the child while the parent, guardian, or custodian
29 was under the influence of drugs or alcohol;
30 (C) any history of the parent, guardian, or custodian
31 directing violent behavior at the child or at a member of
32 the child's immediate family;
33 (D) whether the parent, guardian, or custodian continues
34 to reside with an individual who abused the child;
35 (E) any patterns of behavior by the parent, guardian, or
36 custodian that have exposed the child to repeated abuse;
37 (F) any testimony by a competent professional that
38 remediation of the parent's, guardian's, or custodian's
39 behavior is unlikely to be successful; and
40 (G) whether the parent, guardian, or custodian has
41 expressed an interest in reunification with the child.
42 In determining the appropriateness of the reunification
EH 1605—LS 7589/DI 119 11
1 services, the court shall consider the child's health, welfare,
2 and safety as the paramount concern.
3 (7) Order a person who is a party to refrain from direct or indirect
4 contact with the child.
5 (8) Order a perpetrator of child abuse or neglect to refrain from
6 returning to the child's residence.
7 (b) A juvenile court may not place a child in a home or facility that
8 is located outside Indiana unless:
9 (1) the placement is recommended or approved by the director of
10 the department or the director's designee; or
11 (2) the juvenile court makes written findings based on clear and
12 convincing evidence that:
13 (A) the out-of-state placement is appropriate because there is
14 not an equivalent facility with adequate services located in
15 Indiana;
16 (B) institutional care in the other jurisdiction is in the best
17 interest of the child and will not produce undue hardship; or
18 (C) the location of the home or facility is within a distance not
19 greater than fifty (50) miles from the county of residence of
20 the child.
21 (c) If a dispositional decree under this section:
22 (1) orders or approves removal of a child from the child's home or
23 awards wardship of the child to the department; and
24 (2) is the first juvenile court order in the child in need of services
25 proceeding that authorizes or approves removal of the child from
26 the child's parent, guardian, or custodian;
27 the juvenile court shall include in the decree the appropriate findings
28 and conclusions described in IC 31-34-5-3(b) and IC 31-34-5-3(c).
29 SECTION 17. IC 31-34-20-1.6 IS ADDED TO THE INDIANA
30 CODE AS A NEW SECTION TO READ AS FOLLOWS
31 [EFFECTIVE JULY 1, 2025]: Sec. 1.6. (a) This section applies to a
32 child:
33 (1) who:
34 (A) is the subject of a child in need of services petition that
35 is filed after the child is removed from the care or custody
36 of the child's parent, guardian, or custodian under
37 IC 31-34-2-3, regardless of whether the child is returned to
38 the care or custody of the parent, guardian, or custodian at
39 any time before the entry of the dispositional decree; or
40 (B) is removed from the care or custody of the child's
41 parent, guardian, or custodian under the child's
42 dispositional decree under section 1(a)(3) of this chapter;
EH 1605—LS 7589/DI 119 12
1 and
2 (2) whose dispositional decree includes an order under section
3 1(a)(6) of this chapter requiring a parent, guardian, or
4 custodian of the child to complete reunification services.
5 (b) Except as provided in subsections (c) and (d), a court may
6 not provide for a child's parent, guardian, or custodian to receive
7 reunification services for more than:
8 (1) if the child is removed from the parent, guardian, or
9 custodian after June 30, 2025, and before July 1, 2026, fifteen
10 (15) months; or
11 (2) if the child is removed from the parent, guardian, or
12 custodian after June 30, 2026, twelve (12) months;
13 after the date of the child's removal under IC 31-34-2-3 or under
14 the child's dispositional decree, whichever is earlier.
15 (c) A court may extend the provision of reunification services to
16 a child's parent, guardian, or custodian for:
17 (1) a period of not more than ninety (90) days if the court
18 finds after an evidentiary hearing that:
19 (A) the parent, guardian, or custodian has substantially
20 complied with the child's dispositional decree; and
21 (B) the extension is in the child's best interests; and
22 (2) an additional period of not more than ninety (90) days
23 following an extension under subdivision (1) if the court:
24 (A) finds after an evidentiary hearing, by clear and
25 convincing evidence, that:
26 (i) the parent, guardian, or custodian has substantially
27 complied with the child's dispositional decree; and
28 (ii) the extension is in the child's best interests; and
29 (B) includes in the order for the extension:
30 (i) the facts upon which the court based the court's
31 findings under clause (A); and
32 (ii) the time period within which it is likely that
33 reunification of the child with the parent will occur.
34 (d) A court may extend the provision of reunification services to
35 a child's parent, guardian, or custodian if the court finds after an
36 evidentiary hearing that the child's parent, guardian, or custodian,
37 by no fault of the parent, guardian, or custodian, was not afforded
38 an adequate opportunity to substantially participate in the
39 reunification services.
40 (e) The following are not a basis for an extension under
41 subsection (c) or (d):
42 (1) Delay or failure by the parent, guardian, or custodian to
EH 1605—LS 7589/DI 119 13
1 establish paternity or seek custody of the child.
2 (2) Failure of the parent, guardian, or custodian to
3 substantially participate in the reunification services due to
4 the conduct of the parent, guardian, or custodian.
5 (f) In determining whether to extend the provision of
6 reunification services to a child's parent under subsection (c) or
7 (d), a court shall take into consideration the status of any minor
8 siblings of the child.
9 SECTION 18. IC 31-34-21-5, AS AMENDED BY P.L.69-2024,
10 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11 JULY 1, 2025]: Sec. 5. (a) Subject to subsection (c), the court shall
12 determine:
13 (1) whether the child's case plan, services, and placement meet
14 the special needs and best interests of the child;
15 (2) whether the department has made reasonable efforts to
16 provide family services, unless a finding has been made under
17 section 5.6 of this chapter that reasonable efforts for family
18 preservation or reunification are not required; and
19 (3) a projected date for the child's return home, the child's
20 adoption placement, the child's emancipation, or the appointment
21 of a legal guardian for the child under section 7.5(c)(1)(D) of this
22 chapter.
23 (b) The determination of the court under subsection (a) must be
24 based on findings written after consideration of the following:
25 (1) Whether the department, the child, or the child's parent,
26 guardian, or custodian has complied with the child's case plan.
27 (2) Written documentation containing descriptions of:
28 (A) the family services that have been offered or provided to
29 the child or the child's parent, guardian, or custodian;
30 (B) the dates during which the family services were offered or
31 provided; and
32 (C) the outcome arising from offering or providing the family
33 services.
34 (3) The extent of the efforts made by the department to offer and
35 provide family services.
36 (4) The extent to which the parent, guardian, or custodian has
37 enhanced the ability to fulfill parental obligations.
38 (5) The extent to which the parent, guardian, or custodian has
39 visited the child, including the reasons for infrequent visitation.
40 (6) The extent to which the parent, guardian, or custodian has
41 cooperated with the department.
42 (7) The child's recovery from any injuries suffered before
EH 1605—LS 7589/DI 119 14
1 removal.
2 (8) Whether any additional services are required for the child or
3 the child's parent, guardian, or custodian and, if so, the nature of
4 those services.
5 (9) The extent to which the child has been rehabilitated.
6 (10) If the child is placed out-of-home, whether the child is in the
7 least restrictive, most family-like setting, and whether the child is
8 placed close to the home of the child's parent, guardian, or
9 custodian.
10 (11) The extent to which the causes for the child's out-of-home
11 placement or supervision have been alleviated.
12 (12) Whether current placement or supervision by the department
13 should be continued.
14 (13) The extent to which the child's parent, guardian, or custodian
15 has participated or has been given the opportunity to participate
16 in case planning, periodic case reviews, dispositional reviews,
17 placement of the child, and visitation.
18 (14) Whether the department has made reasonable efforts to
19 reunify or preserve a child's family unless reasonable efforts are
20 not required under section 5.6 of this chapter.
21 (15) Subject to subsection (c), whether it is an appropriate time to
22 prepare or implement a permanency plan for the child under
23 section 7.5 of this chapter.
24 (16) If:
25 (A) the child has been in an out-of-home placement at any
26 time during the child in need of services proceeding; and
27 (B) the child's dispositional decree includes an order under
28 IC 31-34-20-1(a)(6) requiring the child's parent, guardian,
29 or custodian to receive reunification services;
30 the amount of time remaining for the parent, guardian, or
31 custodian to complete the reunification services under
32 IC 31-34-20-1.6.
33 (c) The permanency plan for a child who has, at the time of a
34 periodic case review or permanency hearing, been removed from the
35 child's parent for at least twelve (12) months of the most recent
36 twenty-two (22) months, must include at least one (1) intended
37 permanent or long term arrangement for care and custody of the child
38 under section 7.5(c) of this chapter other than reunification of the child
39 with the child's parent, guardian, or custodian.
40 SECTION 19. IC 31-34-21-5.5, AS AMENDED BY P.L.48-2012,
41 SECTION 64, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42 JULY 1, 2025]: Sec. 5.5. (a) In determining the extent to which
EH 1605—LS 7589/DI 119 15
1 reasonable efforts to reunify or preserve a family are appropriate under
2 this chapter, the child's health, welfare, and safety are of paramount
3 concern.
4 (b) Except as provided in section 5.6 of this chapter, the department
5 shall make reasonable efforts to preserve and reunify families as
6 follows:
7 (1) If a child has not been removed from the child's home, to
8 prevent or eliminate the need for removing the child from the
9 child's home.
10 (2) If a child has been removed from the child's home, to make it
11 possible for the child to return safely to the child's home as soon
12 as possible.
13 (c) The department may, before reunification of the child with a
14 parent, guardian, or custodian, conduct a criminal history check (as
15 defined in IC 31-9-2-22.5) of:
16 (1) the child's:
17 (A) parent;
18 (B) guardian; or
19 (C) custodian; or and
20 (2) a any household member of the:
21 (A) parent;
22 (B) guardian; or
23 (C) custodian.
24 (d) The department may shall:
25 (1) use the results of a criminal history check conducted under
26 subsection (c) to decide whether it is safe for the child to return
27 home; and
28 (2) provide the results of the criminal history check to the
29 court.
30 SECTION 20. IC 31-34-21-7, AS AMENDED BY P.L.69-2024,
31 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32 JULY 1, 2025]: Sec. 7. (a) The court shall hold a permanency hearing:
33 (1) not more than thirty (30) days after a court finds that
34 reasonable efforts to reunify or preserve a child's family are not
35 required as described in section 5.6 of this chapter;
36 (2) every twelve (12) months after:
37 (A) the date of the original dispositional decree; or
38 (B) a child in need of services was removed from the child's
39 parent, guardian, or custodian;
40 whichever comes first; or
41 (3) if:
42 (A) the child has been removed from the child's parent,
EH 1605—LS 7589/DI 119 16
1 guardian, or custodian for at least twelve (12) months; or
2 (B) at least twelve (12) months have expired since the date
3 on which the child's dispositional decree was entered;
4 at the request of any party to the child in need of services
5 proceeding that requests the permanency hearing on the basis
6 that continuation of efforts to reunify or preserve the family
7 are inconsistent with the best interests of the child; or
8 (3) (4) more often if ordered by the juvenile court.
9 (b) The court shall:
10 (1) make the determination and findings required by section 5 of
11 this chapter;
12 (2) consider the question of continued jurisdiction and whether
13 the dispositional decree should be modified;
14 (3) consider recommendations of persons listed under section 4
15 of this chapter, before approving a permanency plan under
16 subdivision (5);
17 (4) consult with the child in person, or through an interview with
18 or written statement or report submitted by:
19 (A) a guardian ad litem or court appointed special advocate for
20 the child;
21 (B) a case manager; or
22 (C) the person with whom the child is living and who has
23 primary responsibility for the care and supervision of the
24 child;
25 in an age appropriate manner as determined by the court,
26 regarding the proposed permanency plan;
27 (5) consider and approve a permanency plan for the child:
28 (A) that complies with the requirements set forth in section 7.5
29 of this chapter; and
30 (B) if the child has, at the time of the permanency hearing,
31 been removed from the child's parent for at least twelve (12)
32 months of the most recent twenty-two (22) months, that
33 includes at least one (1) intended permanent or long term
34 arrangement for care and custody of the child under section
35 7.5(c) of this chapter other than reunification of that would
36 not return the child with the child's to the care and custody
37 of the parent, guardian, or custodian from whose care and
38 custody the child has been removed;
39 (6) determine whether an existing permanency plan must be
40 modified; and
41 (7) examine procedural safeguards used by the department to
42 protect parental rights.
EH 1605—LS 7589/DI 119 17
1 (c) If a child is less than sixteen (16) years of age, the intended
2 permanent or long term arrangement for care and custody of the
3 child under section 7.5(c) of this chapter may be guardianship or
4 placement with a permanent custodian only if the proposed
5 guardian or custodian appears before the court and testifies as to
6 the individual's willingness to assume custody of the child.
7 (c) (d) If the child is at least sixteen (16) years of age and the
8 proposed permanency plan provides for another planned permanent
9 living arrangement, the court shall, at each permanency hearing, do all
10 the following:
11 (1) Require the department to provide notice of the permanency
12 hearing to the child, in accordance with section 4(a) of this
13 chapter.
14 (2) Provide to the child an opportunity to be heard and to make
15 recommendations to the court, in accordance with section 4(d) of
16 this chapter.
17 (3) Require the department to document or provide testimony
18 regarding the intensive, ongoing, and, as of the date of the
19 hearing, unsuccessful efforts made by the department to return the
20 child home or secure a placement for the child with a fit and
21 willing relative, legal guardian, or adoptive parent, including
22 efforts through the use of search technology, such as social media,
23 to find biological or adoptive family members for the child.
24 (4) Ask the child about the desired permanency outcome for the
25 child and document the child's response.
26 (5) Make a judicial determination explaining why, as of the date
27 of the hearing, another planned permanent living arrangement is
28 the best permanency plan for the child and provide compelling
29 reasons why it continues to not be in the best interests of the child
30 to:
31 (A) return home;
32 (B) be placed for adoption;
33 (C) be placed with a legal guardian; or
34 (D) be placed with a fit and willing relative.
35 (6) Require the department to document or provide testimony
36 regarding the steps the department is taking to ensure that:
37 (A) the child's foster family home, group home, secure private
38 facility, or child caring institution is following the reasonable
39 and prudent parent standard; and
40 (B) the child has regular, ongoing opportunities to engage in
41 age or developmentally appropriate activities, including
42 consulting with the child in an age appropriate manner about
EH 1605—LS 7589/DI 119 18
1 the opportunities for the child to participate in the activities.
2 (d) (e) There is a rebuttable presumption that jurisdiction over the
3 child in a child in need of services proceeding continues for not longer
4 than twelve (12) months after the date of the original dispositional
5 decree or twelve (12) months after the child in need of services was
6 removed from the child's parent, guardian, or custodian, whichever
7 occurs first. The state may rebut the presumption and show that
8 jurisdiction should continue by proving that the objectives of the
9 dispositional decree have not been accomplished, that a continuation
10 of the decree with or without any modifications is necessary, and that
11 it is in the child's best interests for the court to maintain its jurisdiction
12 over the child. If the department does not sustain its burden for
13 continued jurisdiction, the court shall:
14 (1) direct the department to establish a permanency plan within
15 thirty (30) days; or
16 (2) discharge the child and the child's parent, guardian, or
17 custodian.
18 The court may retain jurisdiction to the extent necessary to carry out
19 any orders under subdivision (1).
20 SECTION 21. IC 31-34-21-7.3, AS AMENDED BY P.L.128-2012,
21 SECTION 168, IS AMENDED TO READ AS FOLLOWS
22 [EFFECTIVE JULY 1, 2025]: Sec. 7.3. (a) This section applies after:
23 (1) a court approves a permanency plan for a child under
24 which the only intended permanent or long term arrangement
25 for care and custody of the child is placement of the child for
26 adoption, if the child is not already in a pre-adoptive
27 placement in a proposed adoptive home;
28 (1) (2) a court authorizes the filing of a petition to terminate the
29 parent-child relationship; or
30 (2) (3) a petition to terminate the parent-child relationship is filed;
31 in relation to a child in need of services.
32 (b) The department shall post the following nonidentifying
33 information on the Internet to facilitate a potential adoptive placement
34 of the child:
35 (1) The child's age, gender, and summary of the child's
36 educational, social, and medical background, including known
37 disabilities.
38 (2) The reason the child was removed from the child's home.
39 (3) Whether a person has expressed an interest in adopting the
40 child.
41 (4) The name, address, and telephone number of a contact person
42 from:
EH 1605—LS 7589/DI 119 19
1 (A) the department;
2 (B) the appropriate local office; or
3 (C) licensed child placing agency;
4 where a person who may be interested in adopting the child may
5 obtain further information about adopting the child.
6 (5) Whether a petition to terminate the rights of the child's parents
7 has been authorized or filed, and whether the rights of the child's
8 parents have been terminated.
9 (6) An address and telephone number of:
10 (A) the department;
11 (B) the appropriate local office; or
12 (C) licensed child placing agency;
13 where a person who may be interested in adopting the child may
14 obtain further information about adopting the child.
15 (c) Except as provided in subsection (d), the information posted
16 under subsection (b) may not identify the name of any of the following
17 persons:
18 (1) The child.
19 (2) The child's biological or adoptive parents.
20 (3) A sibling of the child.
21 (4) A caretaker of the child.
22 (d) If the child is a hard to place child, the information posted
23 by the department under subsection (b) may include the child's
24 first name and picture.
25 (d) (e) The department shall update any relevant information under
26 this section after either of the following:
27 (1) Each of the child's periodic reviews that occur after the
28 information under this section is required to be posted.
29 (2) The rights of the child's parents have been terminated.
30 (e) (f) The department shall remove the information required under
31 subsection (b) from the Internet whenever the child is reunited with the
32 child's family or an adoption of the child is filed under IC 31-19-2.
33 (f) (g) Upon request, the department shall inform the person making
34 the request of the address of the Internet web site website containing
35 the information described in this section.
36 SECTION 22. IC 31-35-1-5, AS AMENDED BY P.L.146-2007,
37 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
38 JULY 1, 2025]: Sec. 5. (a) The court shall hold an initial hearing on
39 a petition filed under section 4 of this chapter not later than thirty
40 (30) days after the date on which the petition is filed.
41 (a) (b) Except as provided in subsection (b), (c), the parents shall be
42 notified of the hearing in accordance with IC 31-32-9.
EH 1605—LS 7589/DI 119 20
1 (b) (c) A parent who has made a valid consent to the termination of
2 a parent-child relationship may waive the notice required by subsection
3 (a) (b) if the waiver:
4 (1) is in writing either:
5 (A) in the parent's consent to terminate the parent-child
6 relationship; or
7 (B) in a separate document;
8 (2) is signed by the parent in the presence of a notary public; and
9 (3) contains an acknowledgment that:
10 (A) the waiver is irrevocable; and
11 (B) the parent will not receive notice of:
12 (i) adoption; or
13 (ii) termination of parent-child relationship;
14 proceedings.
15 SECTION 23. IC 31-35-1-12, AS AMENDED BY P.L.128-2012,
16 SECTION 171, IS AMENDED TO READ AS FOLLOWS
17 [EFFECTIVE JULY 1, 2025]: Sec. 12. For purposes of sections 6 and
18 8 of this chapter, the parents must be advised that:
19 (1) their consent is permanent and cannot be revoked or set aside
20 unless it was obtained by fraud or duress or unless the parent is
21 incompetent;
22 (2) when the court terminates the parent-child relationship:
23 (A) all rights, powers, privileges, immunities, duties, and
24 obligations, including any rights to custody, control, parenting
25 time, or support pertaining to the relationship, are permanently
26 terminated; and
27 (B) their consent to the child's adoption is not required;
28 (3) the parents have a right to the:
29 (A) care;
30 (B) custody; and
31 (C) control;
32 of their child as long as the parents fulfill their parental
33 obligations;
34 (4) the parents have a right to a judicial determination of any
35 alleged failure to fulfill their parental obligations in a proceeding
36 to adjudicate their child a delinquent child or a child in need of
37 services;
38 (5) the parents have a right to assistance in fulfilling their parental
39 obligations after a court has determined that the parents are not
40 doing so;
41 (6) proceedings to terminate the parent-child relationship against
42 the will of the parents can be initiated only after:
EH 1605—LS 7589/DI 119 21
1 (A) the child has been adjudicated a delinquent child or a child
2 in need of services and removed from their custody following
3 the adjudication; or
4 (B) a parent has been convicted and imprisoned for an offense
5 listed in IC 31-35-3-4 (or has been convicted and imprisoned
6 for an offense listed in IC 31-6-5-4.2(a) before its repeal), the
7 child has been removed from the custody of the parents under
8 a dispositional decree, and the child has been removed from
9 the custody of the parents for six (6) months under a court
10 order;
11 (7) the parents are entitled to representation by counsel, provided
12 by the state if necessary, throughout any proceedings to terminate
13 the parent-child relationship against the will of the parents;
14 (8) the parents will receive notice of the hearing, unless notice is
15 waived under section 5(b) 5(c) of this chapter, at which the court
16 will decide if their consent was voluntary, and the parents may
17 appear at the hearing and allege that the consent was not
18 voluntary; and
19 (9) the parents' consent cannot be based upon a promise regarding
20 the child's adoption or contact of any type with the child after the
21 parents voluntarily relinquish their parental rights of the child
22 after entry of an order under this chapter terminating the
23 parent-child relationship.
24 SECTION 24. IC 31-35-2-3.5 IS ADDED TO THE INDIANA
25 CODE AS A NEW SECTION TO READ AS FOLLOWS
26 [EFFECTIVE JULY 1, 2025]: Sec. 3.5. (a) The department shall, and
27 any of the following individuals may, file a petition under section
28 4 of this chapter with regard to a child and the child's parent if one
29 (1) or more of the circumstances described in subsection (b) occur:
30 (1) The child's guardian ad litem or court appointed special
31 advocate.
32 (2) An individual:
33 (A) with whom the child is placed during the child in need
34 of services proceedings; and
35 (B) who is an intervenor in the child in need of services
36 proceedings.
37 (b) The circumstances under which the department shall, or an
38 individual described in subsection (a) may, file a petition under
39 subsection (a) are as follows:
40 (1) Federal law requires the filing of a petition under section
41 4 of this chapter with regard to the child.
42 (2) The parent:
EH 1605—LS 7589/DI 119 22
1 (A) either:
2 (i) has not completed; or
3 (ii) has not benefited from;
4 reunification services in which the parent was ordered to
5 participate under the child's dispositional decree; and
6 (B) either:
7 (i) has not been granted an extension of the reunification
8 services under IC 31-34-20-1.6; or
9 (ii) has exhausted all extensions of the reunification
10 services available under IC 31-34-20-1.6.
11 (3) A previous petition was filed under section 4 of this
12 chapter with regard to the child and was subsequently
13 dismissed under section 4.5 of this chapter, and ninety (90)
14 days or more have elapsed since the petition was dismissed.
15 SECTION 25. IC 31-35-2-4, AS AMENDED BY P.L.70-2024,
16 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17 JULY 1, 2025]: Sec. 4. (a) A petition to terminate the parent-child
18 relationship involving a child adjudicated as a delinquent child or child
19 in need of services may be signed and filed with the juvenile or probate
20 court by any of the following:
21 (1) The attorney for the department.
22 (2) The child's court appointed special advocate.
23 (3) The child's guardian ad litem.
24 (4) An individual:
25 (A) with whom the child is placed during; and
26 (B) who is an intervenor in;
27 the child in need of services proceedings regarding the child
28 as provided in section 3.5 of this chapter.
29 (b) A petition filed under subsection (a) must be entitled "In the
30 Matter of the Termination of the Parent-Child Relationship of
31 ___________, a child, and ____________, the child's parent (or
32 parents)".
33 (c) A petition filed under subsection (a) must allege:
34 (1) the existence of one (1) or more of the circumstances
35 described in subsection (d);
36 (2) that there is a satisfactory plan for care and treatment of the
37 child; and
38 (3) that termination of the parent-child relationship is in the
39 child's best interests.
40 (d) A petition filed under subsection (a) must allege the existence
41 of one (1) or more of the following circumstances:
42 (1) That a court has entered a finding under IC 31-34-21-5.6 that
EH 1605—LS 7589/DI 119 23
1 reasonable efforts for family preservation or reunification are not
2 required, including a description of the court's finding, the date of
3 the finding, and the manner in which the finding was made.
4 (2) That:
5 (A) the child has been removed from the parent and has been
6 under the supervision of a local office or probation department
7 for at least fifteen (15) months of the most recent twenty-two
8 (22) months, beginning with the date the child is removed
9 from the home as a result of the child being alleged to be a
10 child in need of services or a delinquent child; and
11 (B) despite the department's reasonable efforts to preserve and
12 reunify the child's family under IC 31-34-21-5.5, the parent
13 has been unable to remedy the circumstances that resulted in
14 the child being placed in care outside the parent's home.
15 (3) That there is a reasonable probability that the conditions that
16 resulted in the child's removal or the reasons for placement
17 outside the home of the parents will not be remedied.
18 (4) That there is a reasonable probability that the continuation of
19 the parent-child relationship poses a threat to the well-being,
20 safety, physical health, or life of the child.
21 (5) That the child has, on two (2) separate occasions, been
22 adjudicated a child in need of services.
23 (6) That:
24 (A) at least ninety (90) days have passed since the filing of the
25 petition alleging that the child is a child in need of services;
26 and
27 (B) the identity or location of the parent is unknown despite
28 reasonable efforts having been made to identify or locate the
29 parent.
30 (7) That the parent:
31 (A) failed to substantially comply with the child's dispositional
32 decree for a period of at least twelve (12) months following the
33 child's:
34 (i) removal from the parent's home under IC 31-34-2; or
35 (ii) adjudication as a child in need of services;
36 whichever occurred earlier, unless the parent's failure to
37 substantially comply with the child's dispositional decree was
38 due to the failure of the department to make reasonable efforts
39 to preserve and reunify the child's family under
40 IC 31-34-21-5.5; or
41 (B) is unlikely or unable to substantially comply with the
42 child's dispositional decree.
EH 1605—LS 7589/DI 119 24
1 (8) That the parent is incarcerated and one (1) or more of the
2 following is true:
3 (A) The parent is expected to remain incarcerated for a
4 significant portion of the remaining time during which the
5 child is less than eighteen (18) years of age. When
6 determining whether the portion of the remaining time is
7 significant, the court shall consider the following factors:
8 (i) The age of the child.
9 (ii) The relationship between the child and the parent.
10 (iii) The nature of the parent's current and past
11 provision for the child's developmental, cognitive,
12 psychological, and physical needs.
13 (iv) The parent's history of criminal behavior, including
14 the frequency of the parent's incarceration and the
15 unavailability of the parent to the child due to the
16 parent's incarceration.
17 (v) Any other factor the court considers relevant.
18 (B) The parent is a sexually violent predator (as defined by
19 IC 35-38-1-7.5).
20 (9) That the parent:
21 (A) has a history of extensive, abusive, and chronic use of
22 alcohol or a controlled substance that renders the parent
23 incapable of caring for the child; and
24 (B) either:
25 (i) has refused or failed to complete available treatment for
26 the alcohol or controlled substance use during the two (2)
27 year period immediately preceding the filing date of the
28 petition under subsection (a); or
29 (ii) has completed treatment for the alcohol or controlled
30 substance use but has resumed use of alcohol or a
31 controlled substance after being reunified with the child.
32 (10) That:
33 (A) a test administered at the child's birth that indicated that
34 the child's blood, urine, umbilical cord tissue, or meconium
35 contained any amount of alcohol or a controlled substance, or
36 metabolites of such substances, the presence of which was not
37 the result of medical treatment administered to the mother or
38 the child; and
39 (B) the parent:
40 (i) is the biological mother of at least one (1) other child
41 who was adjudicated a child in need of services after a
42 finding of harm to the child's health or welfare due to
EH 1605—LS 7589/DI 119 25
1 exposure to alcohol or a controlled substance; and
2 (ii) had the opportunity to participate in substance abuse
3 treatment following the finding under item (i).
4 (11) That the child was conceived as a result of:
5 (A) an offense under IC 35-42-3.5 (human and sexual
6 trafficking);
7 (B) rape (IC 35-42-4-1);
8 (C) child molestation (IC 35-42-4-3);
9 (D) sexual misconduct with a minor (IC 35-42-4-9); or
10 (E) an offense committed in another jurisdiction the elements
11 of which are substantially similar to the elements of an offense
12 described in clause (A), (B), (C), or (D);
13 committed by the biological parent of the child whose
14 parent-child relationship with the child is the subject of the
15 petition.
16 (12) That the parent is required to register as a sex or violent
17 offender under IC 11-8-8.
18 (13) That one (1) or more circumstances described in section
19 3.5 of this chapter have occurred.
20 (e) If the department intends to file a motion to dismiss under
21 section 4.5 of this chapter, the petition must indicate whether at least
22 one (1) of the factors listed in section 4.5(d)(1) through 4.5(d)(4) of this
23 chapter applies and specify each factor that would apply as the basis for
24 filing a motion to dismiss the petition.
25 (f) At the time the petitioner files a petition under this section with
26 the juvenile or probate court, the petitioner shall also file a:
27 (1) copy of the order approving the permanency plan under
28 IC 31-34-21-7 for the child; or
29 (2) permanency plan for the child as described by
30 IC 31-34-21-7.5.
31 SECTION 26. IC 31-35-2-6, AS AMENDED BY P.L.244-2023,
32 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33 JULY 1, 2025]: Sec. 6. (a) Except when a hearing is required after June
34 30, 1999, under section 4.5 of this chapter, the person filing the petition
35 shall request the court to set the petition for a hearing. Whenever a
36 hearing is requested under this chapter, the court shall:
37 (1) commence a hearing on the petition not more than ninety (90)
38 days after a petition is filed under this chapter; and
39 (2) complete a hearing on the petition not more than one hundred
40 eighty (180) days after a petition is filed under this chapter.
41 (b) If a hearing is not held within the time set forth in subsection (a):
42 (1) upon filing of a motion with the court by a party; and
EH 1605—LS 7589/DI 119 26
1 (2) absent good cause shown for the failure to hold the hearing
2 within the time set forth in subsection (a); a finding by the court
3 that the extension of the deadline for the hearing is
4 necessitated by:
5 (A) unanticipated, emergent circumstances;
6 (B) the circumstances of the case; or
7 (C) the Indiana Rules of Trial Procedure;
8 the court shall dismiss the petition to terminate the parent-child
9 relationship without prejudice.
EH 1605—LS 7589/DI 119 27
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.
_____
COMMITTEE REPORT
Mr. Speaker: Your Committee on Ways and Means, 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, after "IC 31-34-11-1" delete "," and insert "and
IC 31-35-2-6,".
Page 14, line 7, reset in roman "may,".
Page 14, line 7, delete "shall,".
EH 1605—LS 7589/DI 119 28
and when so amended that said bill do pass.
(Reference is to HB 1605 as printed February 10, 2025.)
THOMPSON
Committee Vote: yeas 16, nays 7.
_____
COMMITTEE REPORT
Mr. President: The Senate Committee on Family and Children
Services, to which was referred House Bill No. 1605, has had the same
under consideration and begs leave to report the same back to the
Senate with the recommendation that said bill be AMENDED as
follows:
Page 1, line 3, delete "The" and insert "(a) Subject to an approved
state plan amendment or waiver under subsection (b), the".
Page 1, between lines 11 and 12, begin a new paragraph and insert:
"(b) The office of the secretary shall apply for any state plan
amendment or waiver necessary to implement this section.
SECTION 2. IC 12-14-1-7, AS ADDED BY P.L.161-2007,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 7. (a) A record that identifies an individual who
has applied for, or is receiving, cash assistance or supportive services
under the TANF program:
(1) is confidential; and
(2) is exempt from the disclosure requirements of IC 5-14-3-3.
(b) The division may use or disclose information concerning a
TANF applicant or recipient only for purposes directly connected to the
following:
(1) The administration, including establishing eligibility,
determining the amount of assistance, and providing services for
applicants and recipients, of a state plan or program approved
under:
(A) Title I;
(B) Title IV-A;
(C) Title IV-B;
(D) Title IV-D;
(E) Title IV-E;
(F) Title X;
(G) Title XIV;
EH 1605—LS 7589/DI 119 29
(H) Title XV;
(I) Title XVI;
(J) Title XIX;
(K) Title XX; or
(L) Title XXI;
of the federal Social Security Act.
(2) An investigation, a prosecution, or a civil or criminal
proceeding conducted concerning the administration of the TANF
program or a program described in subdivision (1).
(3) The administration of any federal, state, or township program
that provides assistance or services to individuals on the basis of
need.
(4) A request by the department of child services under
IC 12-8-1.5-6.1.
(c) The division shall safeguard information, including the
following:
(1) The name and address of an applicant or a recipient.
(2) Information concerning the economic and social conditions of
an individual.
(3) The evaluation of information concerning an individual.
(4) Medical information.".
Page 3, line 34, after "placed" insert ", or a representative of a
licensed child placing agency (as defined by IC 31-9-2-17.5) that is
providing services to a child,".
Page 15, line 38, delete "long-term" and insert "long term".
Page 17, line 20, delete "adoption;" and insert "adoption, if the
child is not already in a pre-adoptive placement in a proposed
adoptive home;".
Page 18, line 27, strike "Internet web site" and insert "website".
Page 20, line 23, delete "appoint" and insert "appointed".
Page 20, line 38, delete "benefitted" and insert "benefited".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass and be reassigned to the
Senate Committee on Appropriations.
(Reference is to HB 1605 as printed February 17, 2025.)
WALKER G, Chairperson
Committee Vote: Yeas 7, Nays 0.
EH 1605—LS 7589/DI 119