FAC FIGHTING CPS IN INDIANA

FAMILIES AGAINST CORRUPTION FIGHTING CPS IN INDIANA

FAC FIGHTING CPS IN INDIANA is a social network

Events

Notes

Ombudsman Reference List for All State's

Created by Debbie Jan 27, 2010 at 4:14am. Last updated by Debbie Jan 27, 2010.

Bartholomew County DCS Office

Created by Debbie Jan 27, 2010 at 3:07am. Last updated by Debbie Jan 27, 2010.

ABOUT COUNTIES IN INDIANA:

Created by LisaNJGsevate Forjustice Dec 13, 2009 at 7:13am. Last updated by LisaNJGsevate Forjustice Jan 27, 2010.

Notes Home

Created by LisaNJGsevate Forjustice Nov 24, 2009 at 8:36pm. Last updated by LisaNJGsevate Forjustice Dec 13, 2009.

Forum

Samantha Lee

How to prepare for a CHINS hearing 2 Replies

Started by Samantha Lee. Last reply by Chicanoman Jun 15, 2010.

Debbie

CPS/DCS READ ALL ABOUT IT

Started by Debbie Feb 26, 2010.

Debbie

NEED LEGAL HELP AND MORE TRY THIS SITE

Started by Debbie Feb 26, 2010.

Debbie

WE NEED TO STOP THIS NOW!!! House Bill 1085 1 Reply

Started by Debbie. Last reply by Chicanoman Feb 18, 2010.

Blog Posts

Barbara Clayton

CONGRESS.ORG SOAPBOX

Posted by Barbara Clayton on February 17, 2010 at 8:08am

kimtopp

my story......

Posted by kimtopp on December 28, 2009 at 8:41am

Debbie

IN MEMORY of 11 YOUNG LIVES LOST

Posted by Debbie on December 12, 2009 at 7:00am

THE THREE POWERS THAT BE (OR NOT TO BE?!!?)

United States: three branches
Main article: Separation of powers under the United States Constitution
In the United States Constitution, Article I Section I gives Congress only those "legislative powers herein granted" and proceeds to list those permissible actions in Article I Section 8, while Section 9 lists actions that are prohibited for Congress. The vesting clause in Article II places no limits on the Executive branch, simply stating that, "The Executive Power shall be vested in a President of the United States of America."[6] The Supreme Court holds "The judicial Power" according to Article III, and it established the implication of Judicial review in Marbury vs Madison.[7] The federal government refers to the branches as "branches of government", while some systems use "government" to describe the executive. The Executive branch has attempted to claim power arguing for separation of powers to include being the Commander in Chief of a standing army since the Civil war, executive orders, emergency powers and security classifications since WWII, national security, signing statements, and the scope of the unitary executive.

Checks and balances (my ass,
just checking if you're actually reading this)
To prevent one branch from becoming supreme, and to induce the branches to cooperate, governance systems that employ a separation of powers need a way to balance each of the branches. Typically this was accomplished through a system of "checks and balances", the origin of which, like separation of powers itself, is specifically credited to Montesquieu. Checks and balances allows for a system based regulation that allows one branch to limit another, such as the power of Congress to alter the composition and jurisdiction of the federal courts.

<~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~>
FIRST ONE:

LEGISLATIVE BRANCH, AKA CONGRESS AKA THE ONES WHO MAKE THE LAWS
AKA: THE ONES WE VOTE FOR!!!

Controls all the money; taxes, borrows, and sets the budget (with exception of unappropriated spending by central bank).
Has sole power to declare war.
Oversees, investigates, and makes the rules for the government and its officers.
Confirms the heads of the executive branch.
Confirms federal judicial appointments, and defines by law the jurisdiction of the judicial branch in cases not specified by the Constitution.
Ratifies treaties.
Originates and tries cases of impeachment.
<~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~>
SECOND ONE:

EXECUTIVE BRANCH; AKA THE PRESIDENT;
AKA: THE GUY WHO THINKS HE'S IN CHARGE, BUT NO WAY IS HE
AKA: WE DONT VOTE FOR HIM, HIS ENEMIES DO..

Also known as the President.
Preserves, protects and defends the Constitution.
Faithfully executes the laws of the United States.
Executes the instructions of Congress.
May veto laws (but the veto may be overridden by Congress by a 2/3 majority) or refuse to execute them if s/he deems them unconstitutional.
Executes the spending authorized by Congress.
Executes the instructions of Congress when it declares war or makes rules for the military.
Declares states of emergency and publishes regulations and executive orders.
Creates treaties, and appoints judges and other executive heads, both with the advice and consent of the Senate.
Has the power to grant pardons for crimes against the United States.

<~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~>
THIRD ONE:

JUDICIAL BRANCH; AKA THE JUDGES WHO ROT ON THE BENCH;
AKA: THE SUPREME COURT OF THE LAND (not to be confused with OZ or Disney)

Also known as the Supreme Court, with inferior courts that are created and limited by Congress. ((psst: the guys we vote for, who run the government, who are responsible for their state's funds, aka title iv for cps))
Determines which jurisdiction any given case falls under.
May refuse to enforce laws that it deems unconstitutional.
(Except those that abolish parental rights)
Determines the disposition of prisoners. (but not their own)
May legally compel testimony and the production of evidence as the law provides.
Judges and competently administers uniform policies via the appeals process, but gives discretion in individual cases to low-level judges (the amount of discretion depends upon the standard of review, determined by the type of case in question).
Oversees and administers members of the judiciary.

ONCE AGAIN:
May legally compel testimony and the production of evidence as the law provides.
Judges and competently administers uniform policies via the appeals process, but gives discretion in individual cases to low-level judges (the amount of discretion depends upon the standard of review, determined by the type of case in question).
Oversees and administers members of the judiciary.

TRANSLATION: MAY LEGALLY ALLOW PROSECUTORS TO HAVE CPS WORKERS LIE IN COURT, AND REFUSE PUBLIC ACCESS TO THESE COURTS....
AKA: CONSIPIRACY TO COMMIT FRAUD....

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Maintaining balance
The theoretical independence [PLEAE NOTE THE WORD "THEORETICAL"]
of the executive and legislative branches is partly maintained by the fact that they are separately elected and are held directly accountable to the public. [WITH THE EXCEPTION OF A FEW GOVERNMENT ENTITIES, ONE BEING CPS]

There are also judicial prohibitions against certain types of interference in each others' affairs. (See "separation of powers" cases in the List of United States Supreme Court cases.) In recent years, there have been accusations that the power to interpret the law is being misused (judicial activism) by some judges in the US. In the checks and balances system, the judicial branch has the right to say that something is unconstitutional, like a law or a bill (Credited to an opinion written by Chief Justice John Marshall in the case of Marbury v. Madison (1803)).

The legal mechanisms constraining the powers of the three branches depend a great deal on the sentiment of the people. A common perception is that popular support establishes legitimacy and makes possible the actual implementation of legal authority. National crises (such as the Civil War, the Great Depression, pre-Pearl Harbor World War II, the Vietnam War) have been the times at which the principle of separation of powers has been most endangered, either through official "misbehavior" or through the willingness of the public to sacrifice such principles if more pressing problems are solved. The system of checks and balances is also self-reinforcing. Potential abuse of power may be deterred, and the legitimacy and sustainability of any power grab is hindered by the ability of the other two branches to take corrective action; though they still must actually do so, therefore accountability is not automatic. This is intended to reduce opportunities for tyranny.

However, as James Madison wrote in Federalist No. 51 regarding the ability of each branch to defend itself from actions by the others, "But it is not possible to give to each department an equal power of self-defense. In republican government, the legislative authority necessarily predominates." Bicameralism was, in part, intended to reduce the relative power of the legislature by turning it against itself, by having "different modes of election and different principles of action." (This is one of the arguments against the popular election of Senators, which was instituted by the Seventeenth Amendment.) But when the legislature is unified, it can obtain dominance over the other branches.

[edit] State and local governments
The American states mirror the executive/legislative/judicial division of the federal government. Major cities tend to do so as well, but the arrangements of local and regional governments vary widely. Because the judicial branch is often a part of a state or county government, the geographic jurisdiction of local judges is often not coterminous with municipal boundaries.

In many American states and local governments, executive authority and law enforcement authority are separated by allowing citizens to directly elect public prosecutors (district attorneys and state attorneys-general). In some states, judges are also directly elected.

Many localities also separate special powers from their executive and legislative branches through the direct election of sheriffs, school boards, transit agency boards, park commissioners, etc.

Juries (groups of randomly selected citizens) also have an important role in the checks-and-balances system. In criminal and civil cases where a jury trial is held, juries have the sole authority to not only determine the facts, but to judge the law, acting as a powerful buffer against arbitrary enforcement by the executive and judicial branches. In many jurisdictions they are also used to determine whether or not a trial is warranted, and in some places Grand Juries have independent investigative powers with regard to government operations

from wikipedia...thank you to whomever had the gust/guts to provide such info!

 
WELCOME TO FAMILIES AGAINST CORRUPTION FIGHTING CPS IN INDIANA!

AND PLEASE BE AWARE THAT WE ARE IN THE PROCESS OF MOVING TO A DIFFERENT NETWORK...

Please list the names of those who had destroyed your lives:
cps employees, supervisors; court employees: judges, court personal, casa employees; attorneys: district attorney, anyone representing cps;
public pretenders: ad litems, child guardians, anyone representing your child or yourself, and works for the state/ county where your cps case is being lied about.

Please join the County (in group section, at left..) where cps had abducted your child(ren), and mingle in with others to find corrupted judges, public pretenders, cps employees in common...thanks!


Map Courtesy of Digital Map Store

IN

NOTED EXCEPTIONS TO ABOVE:
The offices of: Children's Protective Services, local police departments, prosecutor's offices, family courts, local newpapers, and, most importantly: YOUR FRIENDLY NEIGHBORHOOD POLITICIAN (including, but not limited to: mayors, congressmen/women, state senators, and especially: YOUR WONDERFUL GOVERNOR)



BTW: I've heard a rumor that there is a conveyor belt under the sidewalks that lead from cps straight to family court....Is this true?


IND FLG

LINK TO:
Fighting Child Protective Services False Accusations
Fighting Child Protective Services False Accusations






~ ~ ~ ~ ~ ~ ~ ~~ ~~~ ~ ~~~ ~~~ ~~ ~~~~ ~ ~~ ~ ~ ~ ~ ~ ~
FROM THE WEBPAGE "CHILD TRAFFICKING"
http://www.sandiegochildtrafficking.com/senators-report.php
NANCY SCHAEFER, EX SENATOR OF GEORGIA
Nancy Schaefer, formerly state senator in Georgia, is presenting one of her many speeches regarding the destruction of families by corruption in children protective services; Mrs. Scherfer had TRIED to assist over 300 families in the state of Georgia; as a result, she had been voted out of the senate; Mrs. Schaefer continues to join parents to fight against children's protective services.

Photos

Loading…
  • Add Photos
  • View All

Videos

FEATURED STORIES: FROM INDIANA NEWS PAPERS, REPORTS ON DCS/CPS AND PLACES THAT HELP CHILDREN ( South bend tribune, Indy Star, Fort Wayne, West Lafayette )

Arizona girl escapes prison in home http://www.journalgazette.net/apps/pbcs.dll/article?AID=/20100211/NEWS03/100219942

Working for fairness in foster-care system
http://www.indystar.com/article/20100227/OPINION01/2270332/Working-for-fairness-in-foster-care-system

DCS To Trim Dozens Of Jobs
http://www.theindychannel.com/money/22374356/detail.html

Centralized child abuse hotline leaves some wary
http://www.indystar.com/apps/pbcs.dll/article?AID=20101110361

Child-advocacy center reaches milestone
http://www.indystar.com/apps/pbcs.dll/article?AID=20101130387

State rolls out abuse hotline; locals watchful
http://www.journalgazette.net/apps/pbcs.dll/article?AID=2010301079959

Juvenile prisons grapple with sex abuse findings
2 Indiana facilities have rates much higher than national average
http://www.indystar.com/article/20100108/NEWS02/1080383/Sex-abuse-a-problem-in-juvenile-centers

Domestic dispute ends with police killing man
http://www.indystar.com/apps/pbcs.dll/article?AID=20101080367

Grants to help non-English speaking abuse victims
http://www.indystar.com/apps/pbcs.dll/article?AID=20101070319

Mom reflects on Aiyana's death, the turning point in county's child welfare
http://www.jconline.com/apps/pbcs.dll/article?AID=2009912240335

2 suits over DCS cuts in subsidies to be linked in federal court
Both seek to block losses for foster and adoptive parents, service providers

http://www.indystar.com/article/20100103/LOCAL/1030374/2-suits-over...

Indiana child care agencies: Cuts will hurt children
http://www.jconline.com/article/20091215/NEWS02/91215027

Children's fate in hands of the law
http://www.indystar.com/article/20091217/OPINION08/%20912170405/1291/OPINION08/Children-s-fate-in-hands-of-the-law

Verbatim: Child-welfare agencies file suit to block state funding cuts
http://www.journalgazette.net/article/20091215/BLOGS01/912159957


CPS HORROR TRUTH

New DCS ombudsman has no staff, little money
That's what Indiana's first DCS ombudsman will confront when she starts her new job this week
http://www.indystar.com/article/20091213/LOCAL/912130379/New-DCS-ombudsman-has-no-staff-little-money

Home away from home
http://www.indystar.com/apps/pbcs.dll/article?AID=2009912310381

Try incentives to turn dysfunctional into functional
http://www.indystar.com/apps/pbcs.dll/article?AID=2009912270339

Foot in the door for vulnerable kids
http://www.indystar.com/apps/pbcs.dll/article?AID=2009912150307

The children’s judge
Juvenile court’s Pratt makes sound changes to benefit families
http://www.journalgazette.net/apps/pbcs.dll/article?AID=/20091213/EDIT10/312139968

Judicial face-off in court
http://firstimpressions.theindianalawyer.com/content/?p=202%20-Cached

INDIANA STATE LAWS FOR CHILDREN'S PROTECIVE SERVICES:


THE CPS MANUAL SECTION:
http://www.childwelfare.gov/pubs/umnew.cfm
INDIANA LAWS:
http://www.childwelfare.gov/systemwide/laws_policies/state/index.cfm?event=stateStatutes.processSearch
INDIANA STATE LAWS

CHILD ABUSE & NEGLECT:
Child Witnesses to Domestic Violence
To better understand this issue and to view it across States, see the Child Witnesses to Domestic Violence: Summary of State Laws (PDF - 222 KB) publication.

Circumstances That Constitute Witnessing
Citation: Ann. Stat. § 31-14-14-5

[In civil law] This section applies if a court finds that a noncustodial parent has been convicted of a crime involving domestic or family violence that was witnessed or heard by the noncustodial parent's child.

Consequences
Citation: Ann. Stat. § 31-14-14-5

When a noncustodial parent has been convicted of domestic violence that was witnessed by the noncustodial parent's child, his or his parenting time with the child must be supervised:
For at least 1 year and not more than 2 years immediately following the crime involving domestic or family violence
Until the child becomes emancipated, whichever occurs first



(Back to Top)

Clergy as Mandatory Reporters of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Clergy as Mandatory Reporters of Child Abuse and Neglect: Summary of State Laws (PDF - 287 KB) publication.

Citation: Ind. Code Ann. § 31-33-5-1 (LexisNexis through 2007 Sess.)


In addition to any other duty to report arising under this article, an individual who has reason to believe that a child is a victim of child abuse or neglect shall make a report as required by this article.


(Back to Top)

Cross-Reporting Among Responders to Child Abuse and Neglect
To better understand this issue and to view it across States, see the Cross-Reporting Among Responders to Child Abuse and Neglect: Summary of State Laws (PDF - 267 KB) publication.

Ind. Code Ann. § 31-33-7-5 (LexisNexis through 2007 Reg. Sess.)

A copy of the written report of the department shall immediately be made available to:
The appropriate law enforcement agency
The prosecuting attorney
In a case involving death, the coroner for the coroner's consideration


Ind. Code Ann. § 31-33-7-7 (LexisNexis through 2007 Reg. Sess.)

When a law enforcement agency receives an initial report under the reporting law that a child may be a victim of child abuse or neglect, the law enforcement agency shall:
Immediately communicate the report to the department, whether or not the law enforcement agency has reason to believe there exists an imminent danger to the child's health or welfare
Conduct an immediate onsite investigation of the report along with the department whenever the law enforcement agency has reason to believe that an offense has been committed
In all cases, the law enforcement agency shall forward any information, including copies of investigation reports, on incidents of cases in which a child may be a victim of child abuse or neglect, whether or not obtained under the reporting laws, to the department and the juvenile court.



(Back to Top)

Definitions of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Definitions of Child Abuse and Neglect: Summary of State Laws (PDF - 442 KB) publication.

Physical Abuse
Citation: Ann. Code § 31-34-1-2

A child is a child in need of services if, before the child becomes age 18, the child's physical or mental health is seriously endangered due to injury by the act or omission of the child's parent, guardian, or custodian.
Evidence that the illegal manufacture of a drug or controlled substance is occurring on property where a child resides creates a rebuttable presumption that the child's physical or mental health is seriously endangered.

Neglect
Citation: Ann. Code §§ 31-34-1-1; 31-34-1-9; 31-34-1-10 ; 31-34-1-11

A child is a child in need of services if, before the child becomes age 18:

The child's physical or mental condition is seriously impaired or seriously endangered as a result of the inability, refusal, or neglect of the child's parent, guardian, or custodian to supply the child with necessary food, clothing, shelter, medical care, education, or supervision.
The child is born with fetal alcohol syndrome, or any amount, including a trace amount, of a controlled substance or a legend drug in the child's body.
The child has an injury, abnormal physical or psychological development, or is at a substantial risk of a life threatening condition that arises or is substantially aggravated because the child's mother used alcohol, a controlled substance, or a legend drug during pregnancy.
A child in need of services includes a child with a disability who is deprived of nutrition that is necessary to sustain life or is deprived of medical or surgical intervention that is necessary to remedy or ameliorate a life threatening medical condition, if the nutrition, medical, or surgical intervention is generally provided to similarly situated children with or without disabilities.

Sexual Abuse
Citation: Ann. Code §§ 31-34-1-3; 31-34-1-4; 31-34-1-5

A child is a child in need of services if, before the child becomes age 18, the child is the victim, lives in the same household as another child who was the victim, or lives in the same household as the adult who was convicted of a sex offense as defined in the criminal statutes pertaining to:

Rape
Criminal deviate conduct
Child molesting
Child exploitation or possession of child pornography
Child seduction
Sexual misconduct with a minor
Indecent exposure
Prostitution
Incest
A child is a child in need of services if, before the child becomes age 18, the child's parent, guardian, or custodian allows the child:

To participate in an obscene performance
To commit a sex offense prohibited by criminal statute


Emotional Abuse
Citation: Ann. Code § 31-34-1-2

A child is a child in need of services if the child's mental health is seriously endangered by the act or omission of the child's parent, guardian, or custodian.

Abandonment
Citation: Ann. Code § 31-9-2-0.5

Abandoned infant means:
A child who is less than 12 months old and whose parent, guardian, or custodian has knowingly or intentionally left the child in an environment that endangers the child's life or heath or in a hospital or medical facility and has no reasonable plan to assume the care, custody, and control of the child
A child who is, or appears to be, not more than 45 days old and whose parent has knowingly and intentionally left the child with an emergency medical services provider and did not express an intent to return for the child


Standards for Reporting
Citation: Ann. Code §§ 31-34-1-1; 31-34-1-2

A report is required when the parent's:
Inability or refusal to provide care for the child results in harm
Act or omission results in harm


Persons Responsible for the Child
Citation: Ann. Code §§ 31-9-2-0.5; 31-34-1-1 through 31-34-1-5

Responsible persons include the child's parent, guardian, or custodian.

Exceptions
Citation: Ann. Code §§ 31-34-1-12; 31-34-1-14; 31-34-1-15

A child is not a child in need of services if:
The presence of a controlled substance was from a valid medical prescription.
A parent fails to provide specific medical treatment for a child because of legitimate and genuine religious beliefs. This presumption does not do any of the following:
Prevent a court from ordering medical services when the health of the child requires it
Apply to situations in which the child's life or health is in serious danger
This chapter does not limit:

The right of the parent to use reasonable corporal punishment to discipline the child
The lawful practice or teaching of religious beliefs



(Back to Top)

Definitions of Domestic Violence
To better understand this issue and to view it across States, see the Definitions of Domestic Violence: Summary of State Laws (PDF - 639 KB) publication.

Defined in Domestic Violence Civil Laws
Citation: Ann. Stat. §§ 31-9-2-29.5; 31-9-2-42

''Crime involving domestic or family violence'' means a crime that occurs when a family or household member commits, attempts to commit, or conspires to commit any of the following against another family or household member:
A homicide offense
A battery offense
Kidnapping or confinement
A sex offense
Robbery
Arson or mischief
Burglary or trespass
Disorderly conduct
Intimidation or harassment
Voyeurism
Stalking
An offense against the family under §§ 35-46-1-2 through 35-46-1-8, 35-46-1-12, or 35-46-1-15.1
Human and sexual trafficking crimes
A crime involving animal cruelty and a family or household member
''Domestic or family violence'' means, except for an act of self-defense, the occurrence of one or more of the following acts committed by a family or household member:

Attempting to cause, threatening to cause, or causing physical harm to another family or household member without legal justification
Placing a family or household member in fear of physical harm without legal justification
Causing a family or household member to involuntarily engage in sexual activity by force, threat of force, or duress
Beating, torturing, mutilating, or killing a vertebrate animal without justification with the intent to threaten, intimidate, coerce, harass, or terrorize a family or household member


Defined in Child Abuse Reporting and Child Protection Laws
Citation:

This issue is not addressed in the statutes reviewed.

Defined in Criminal Laws
Citation: Ann. Stat. §§ 35-41-1-6.3; 35-31-1-6.5

''Crime of domestic violence'' means an offense or the attempt to commit an offense that:
Has as an element the use of physical force or threatened use of a deadly weapon
Is committed against a:
Current or former spouse, parent, or guardian of the defendant
Person with whom the defendant shared a child in common
Person who was cohabiting with or had cohabited with the defendant as a spouse, parent, or guardian
Person who was or had been similarly situated to a spouse, parent, or guardian of the defendant
''Crime involving domestic or family violence'' has the same meaning as § 31-9-2-29.5 above.

Persons Included in the Definition
Citation: Ann. Code §§ 31-9-2-44.5; 35-41-1-10.6

[In civil and criminal law] An individual is a ''family or household member'' of another person if the individual:

Is a current or former spouse of the other person
Is dating or has dated the other person
Is engaged or was engaged in a sexual relationship with the other person
Is related by blood or adoption to the other person
Is or was related by marriage to the other person
Has or previously had an established legal relationship:
As a guardian of the other person
As a ward of the other person
As a custodian of the other person
As a foster parent of the other person
In a capacity with respect to the other person similar to those listed above
Has a child in common with the other person
An individual is a ''family or household member'' of both persons listed above if the individual is a minor child of one of the persons.



(Back to Top)

Disclosure of Confidential Child Abuse and Neglect Records
To better understand this issue and to view it across States, see the Disclosure of Confidential Child Abuse and Neglect Records: Summary of State Laws (PDF - 574 KB) publication.

Confidentiality of Records
Citation: Ann. Stat. §§ 31-33-18-1; 31-33-26-7

Reports made under this article, and any other information obtained, reports written, or photographs taken concerning the reports that are in the possession of the Division of Family Resources, the county office, or the department are confidential.
The department may adopt rules to ensure that the confidentiality of and access to reports of child abuse or neglect in the child abuse index are maintained as provided in this chapter.

Persons or Entities Allowed Access to Records
Ann. Stat. §§ 31-33-18-2; 31-33-18-3; 31-33-26-16

The reports and other material described in § 31-33-18-1 and records in the child abuse index shall be made available only to the following:

A public or private child protective agency investigating or treating a child or family that is the subject of a report
A police or other law enforcement agency, prosecuting attorney, or coroner in the case of the death of a child who is investigating a report of a child who may be a victim of child abuse or neglect
A physician who reasonably suspects that a child may be a victim of child abuse or neglect
An individual legally authorized to place a child in protective custody to determine whether to place the child in protective custody
An agency having the legal responsibility or authorization to care for, treat, or supervise a child who is the subject of a report
An individual named in the report who is alleged to be abused or neglected
The child’s guardian ad litem or Court Appointed Special Advocate, or both
Each parent, guardian, custodian, or other person responsible for the welfare of a child named in a report and an attorney of the person
A court or grand jury for determination of an issue before it
An appropriate State or local official responsible for the child protective service or legislation carrying out the official's appointed functions
A foster care review board
The community child protection team
A person about whom a report has been made
An employee of the department, a caseworker, or a juvenile probation officer conducting a criminal history check to determine the appropriateness of an out-of-home placement
A local child fatality review team
The statewide child fatality review committee
A citizen review panel
Individuals engaged in research


When Public Disclosure of Records is Allowed
Citation: Ann. Stat. §§ 31-33-18-1(b); 31-33-18-1.5

Except as provided below, all records held by the Division of Family Resources, a county office, the department, a local child fatality review team, or the statewide child fatality review committee regarding the death of a child determined to be a result of abuse, abandonment, or neglect are confidential and may not be disclosed.
Unless information in a record is otherwise confidential under State or Federal law, a record regarding the death or near fatality of a child determined to be a result of abuse, abandonment, or neglect that has been redacted in accordance with this section is not confidential and may be disclosed to any person who requests the record.

Prior to release, the record shall be transmitted to the court exercising juvenile jurisdiction in the county in which the death of the child occurred. The court shall, within 30 days, redact the record to exclude identifying information of a person or other information not relevant to establishing the facts and circumstances leading to the death of the child.

Use of Records for Employment Screening
Citation: Ann. Stat. § 31-33-26-16

A person or an organization may have access to information contained in the child abuse index as follows:

A child care provider may have access to any information relating to a substantiated report of child abuse or neglect that names an employee, applicant, volunteer who would have direct contact with children, or household resident as the perpetrator of child abuse or neglect.
Representatives of the Division of Family Resources may have access to any information relating to a substantiated report of child abuse or neglect that would constitute a basis for denial or revocation of a license for a child care center or a child care home.
Representatives of the department may have access to any information relating to a substantiated report of child abuse or neglect that would constitute a basis for denial or revocation of a license for a child care institution, foster family home, group home, or child-placing agency.
Any representative of the department or a court having juvenile jurisdiction may have access to any information relating to a substantiated report of child abuse or neglect in connection with a determination of an appropriate out-of-home placement for a child that requires a criminal history check concerning any person.
The department shall provide any information contained in a substantiated report of child abuse or neglect that is included in the index to an authorized agency of another State that requests information concerning a prospective foster or adoptive parent, or any other adult living in the home of a prospective foster or adoptive parent.
To determine the eligibility of a child care provider to receive a voucher payment, the Division of Family Resources may use information contained in the index concerning whether a child has been found by a court to be a child in need of services based on a report of child abuse or neglect naming an individual as a perpetrator.



(Back to Top)

Establishment and Maintenance of Central Registries for Child Abuse Reports
To better understand this issue and to view it across States, see the Establishment and Maintenance of Central Registries for Child Abuse Reports: Summary of State Laws (PDF - 310 KB) publication.

Establishment
Citation: Ann. Code § 31-33-26-2
The Department of Child Services shall establish and maintain a centralized, computerized child protection index to organize and access data regarding substantiated reports of child abuse and neglect that the department receives from throughout Indiana.

Purpose
Citation: Ann. Code §§ 31-33-26-3; 31-33-26-10
The index must include:
Automated risk assessment for reviewing a substantiated child abuse or neglect case to determine prior case history
The capability to allow supervisors to monitor child abuse and neglect cases and reports
The automated production of standard reports that compiles information gathered on forms used by caseworkers to report on child abuse and neglect cases
The automation of other data for planning and evaluation
The capability of same day notification and transfer of statistical information to the department regarding new and closed child abuse and neglect cases
The enabling of child welfare supervisors to review a child abuse or neglect determination at any point after the investigation is initially classified as substantiated, to confirm the status of the case, and to allow for the consolidated management of cases
The capability for adjusting the index's programming at a later date if additional reporting requirements occur
A word processing capability to allow case notes to be recorded with each substantiated case
The department shall administer the index in a manner that enables the department to do the following:

Immediately identify and locate prior reports of child abuse or neglect through the use of the department's computerized tracking system and automated risk assessment system
Track steps in the investigative process to ensure compliance with all requirements for a report of child abuse or neglect
Maintain and produce aggregate statistical reports monitoring patterns of child abuse and neglect that the department shall make available to the public upon request
Serve as a resource for the evaluation, management, and planning of preventive and remedial services to children who have been subject to child abuse or neglect


Contents
Citation: Ann. Code § 31-33-26-6
The department shall store data regarding child abuse or neglect reports in a manner that allows the data to be retrieved based on the following, if known:
The child's name
The child's date of birth
The alleged perpetrator's name
The child's mother's name
The child's father's name
The name of a sibling of the child
The name of the child's guardian or custodian, if applicable


Maintenance
Citation: Ann. Code § 31-33-26-18
The department shall maintain and administer all reports and documents transferred to and included in the child protection index as provided in this chapter.


(Back to Top)

Immunity for Reporters of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Immunity for Reporters of Child Abuse and Neglect: Summary of State Laws (PDF - 174 KB) publication.

Citation: Ind. Code Ann. § 31-33-6-2 (LexisNexis through 2008 Reg. Sess.)
Statute:
Immunity does not attach for a person who has acted maliciously or in bad faith.

Citation: Ind. Code Ann. § 31-33-6-1 (LexisNexis through 2008 Reg. Sess.)
Statute:
Except as provided in § 31-33-6-2, a person, other than a person accused of child abuse or neglect, who makes or causes to be made a report of a child who may be a victim of child abuse or neglect; is a health-care provider and detains a child for purposes of causing photographs, x-rays, or a physical medical examination to be made; makes any other report of a child who may be a victim of child abuse or neglect; or participates in any judicial or other proceeding resulting from a report that a child may be a victim of child abuse or neglect or relating to the subject matter of the report, is immune from any civil or criminal liability that might otherwise be imposed because of such actions.

Citation: Ind. Code Ann. § 31-33-6-3 (LexisNexis through 2008 Reg. Sess.)
Statute:
A person who makes a report that a child may be a victim of child abuse or neglect or assists in any requirement of the reporting laws is presumed to have acted in good faith.


(Back to Top)

Making and Screening Reports of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Making and Screening Reports of Child Abuse and Neglect: Summary of State Laws (PDF - 619 KB) publication.

Reporting Procedures

Individual Responsibility
Citation: Ann. Code §§ 31-33-5-1 to 31-33-5-4
A mandated reporter who has reason to believe that a child is a victim of abuse or neglect shall immediately make an oral report to the Department of Child Services or a local law enforcement agency.

Content of Reports
Citation: Ann. Code § 31-33-7-4
The department shall make a written report of a child who may be a victim of child abuse or neglect no later than 48 hours after receipt of the oral report.
Written reports must be made on forms supplied by the administrator. The written reports must include, if known, the following information:

The names and addresses of the child and the child's parents, guardian, custodian, or other person responsible for the child's care
The child's age and sex
The nature and apparent extent of the child's injuries, abuse, or neglect, including any evidence of prior injuries of the child or abuse or neglect of the child or the child's siblings
The name of the person allegedly responsible for causing the injury, abuse, or neglect
The source of the report
The name of the person making the report and where the person can be reached
The actions taken by the reporting source, including the following:
Taking of photographs and x-rays
Removing or keeping of the child
Notifying the coroner
The written documentation required by § 31-34-2-3 if a child was taken into custody without a court order
Any other information that the director requires by rule or the person making the report believes might be helpful


Special Reporting Procedures

Suspicious Deaths
Citation: Ann. Code §§ 31-33-7-5; 31-33-7-6
A copy of the written report of the local child protection service shall immediately be made available to the coroner for the coroner's consideration in a case involving death. Upon receiving a written report, the coroner shall accept the report for investigation and report the findings to:
The appropriate law enforcement agency
The prosecuting attorney
The department
The hospital, if the institution making the report is a hospital


Substance-Exposed Infants
Not addressed in statutes reviewed.

Screening Reports
Citation: Ann. Code §§ 31-33-7-1; 31-33-8-1; 31-33-8-7(a); 31-33-8-12(a)
The department shall arrange for receipt, on a 24-hour, 7-day per week basis, of all reports of suspected child abuse or neglect.
The department shall initiate an immediate and appropriately thorough child protection investigation of every report of known or suspected child abuse or neglect the department receives.

If the report alleges a child may be a victim of child abuse, the investigation shall be initiated immediately, but not later than 24 hours after receipt of the report.
If reports of child neglect are received, the investigation shall be initiated within a reasonably prompt time, but not later than 5 days, with the primary consideration being the well-being of the child who is the subject of the report.
If the immediate safety or well-being of a child appears to be endangered or the facts otherwise warrant, the investigation shall be initiated regardless of the time of day.
If the department has reason to believe that the child is in imminent danger of serious bodily harm, the department shall initiate an immediate, onsite investigation within 1 hour.
The department's investigation, to the extent that is reasonably possible, must include the following:

The nature, extent, and cause of the known or suspected child abuse or neglect
The identity of the person allegedly responsible for the child abuse or neglect
The names and conditions of other children in the home
An evaluation of the parent, guardian, custodian, or person responsible for the care of the child
An evaluation of the home environment and the relationship of the child to the parent, guardian, custodian, or other persons responsible for the child's care
All other data considered pertinent
Upon completion of an investigation, the department shall classify reports as substantiated, indicated, or unsubstantiated.



(Back to Top)

Mandatory Reporters of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Mandatory Reporters of Child Abuse and Neglect: Summary of State Laws (PDF - 633 KB) publication.

Professionals Required to Report
Citation: Ann. Code § 31-33-5-2

Mandatory reporters include any staff member of a medical or other public or private institution, school, facility, or agency.

Reporting by Other Persons
Citation: Ann. Code § 31-33-5-1

Any person who has reason to believe that a child is a victim of abuse or neglect must report.

Standards for Making a Report
Citation: Ann. Code §§ 31-33-5-1; 31-33-5-2

A report is required when any person has reason to believe that a child is a victim of abuse or neglect.

Privileged Communications
Citation: Ann. Code § 31-32-11-1

The following privileges are not permitted, and shall not be grounds for failing to report:
Husband-wife privilege
Health care provider-patient privilege
Therapist-client privilege between a certified social worker, certified clinical social worker, or certified marriage and family therapist and a client of any of these professionals
Any privilege between a school counselor or psychologist and a student


Inclusion of Reporter's Name in Report
Citation: Ann. Code § 31-33-7-4

The written report must include the name and contact information for the person making the report.

Disclosure of Reporter Identity
Citation: Ann. Code § 31-33-18-2

The report shall be made available to the person about whom a report has been made, with protection for the identity of:
Any person reporting known or suspected child abuse or neglect
Any other person if the person or agency making the information available finds that disclosure of the information would be likely to endanger the life or safety of the person
The report may also be made available to each parent, guardian, custodian, or other person responsible for the welfare of a child named in a report, with protection for the identity of reporters and other appropriate individuals.



(Back to Top)

Parental Drug Use As Child Abuse
To better understand this issue and to view it across States, see the Parental Drug Use As Child Abuse: Summary of State Laws (PDF - 324 KB) publication.

Citation: Ind. Code Ann. § 31-34-1-2 (LexisNexis through 2008 2nd Reg. Sess.)

Statute Text:

A child is a ''child in need of services'' if before the child becomes age 18:
The child's physical or mental health is seriously endangered due to injury by the act or omission of the child's parent, guardian, or custodian.
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.
Evidence that the illegal manufacture of a drug or controlled substance is occurring on property where a child resides creates a rebuttable presumption that the child's physical or mental health is seriously endangered.

Citation: Ind. Code Ann. §§ 31-34-1-10; 31-34-1-11 (LexisNexis through 2008 2nd Reg. Sess.)

Statute Text:

Except as provided in statute, a child is a ''child in need of services'' if:

The child is born with fetal alcohol syndrome or any amount, including a trace amount, of a controlled substance or a legend drug in the child's body.
The child has an injury, has abnormal physical or psychological development. or is at a substantial risk of a life-threatening condition that arises or is substantially aggravated because the child's mother used alcohol, a controlled substance, or a legend drug during pregnancy.
The child needs care, treatment, or rehabilitation that the child is not receiving or is unlikely to be provided or accepted without the coercive intervention of the court.



(Back to Top)

Penalties for Failure to Report and False Reporting of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Penalties for Failure to Report and False Reporting of Child Abuse and Neglect: Summary of State Laws (PDF - 166 KB) publication.

Failure to Report
Ann. Code § 31-33-22-1

A person who knowingly fails to make a report required by law commits a Class B misdemeanor.
A person who, in his capacity as a staff member of a medical or other institution, school, facility, or agency, is required to make a report to the individual in charge of the institution, school, facility, or agency, or his designated agent, and who knowingly fails to make a report commits a Class B misdemeanor. This penalty is imposed in addition to the penalty imposed above.

False Reporting
Ann. Code § 31-33-22-3(a)-(b)

A person who intentionally communicates to a law enforcement agency or the department a report of child abuse or neglect knowing the report to be false commits a Class A misdemeanor. The offense is a Class D felony if the person has a previous unrelated conviction for making a report of child abuse or neglect knowing the report to be false.

A person who intentionally communicates to a law enforcement agency or the department a report of child abuse or neglect knowing the report to be false is liable to the person accused of child abuse or neglect for actual damages. The finder of fact may award punitive damages and attorney's fees in an amount determined by the finder of fact against the person.



(Back to Top)

Review and Expunction of Central Registries and Reporting Records
To better understand this issue and to view it across States, see the Review and Expunction of Central Registries and Reporting Records: Summary of State Laws (PDF - 502 KB) publication.

Right of the Reported Person to Review and Challenge Records
Ann. Code § 31-33-26-8

This section does not apply to substantiated reports if a court has determined that a child is a child in need of services based on:
A report of child abuse or neglect that names the perpetrator as the individual who committed the child abuse or neglect
Facts presented to the court at a hearing in a child in need of services case that are consistent with the facts and conclusions stated in the report, if the department approved the substantiated report after the court's determination
No later than 30 days after the Department of Children and Family Services enters a substantiated child abuse or neglect report into the index, the department shall notify:

The parent, guardian, or custodian of the child who is named in the report as the victim of the child abuse or neglect
Any person identified as the perpetrator, if other than the child's parent, guardian, or custodian
The department shall state the following in a notice to the perpetrator of a substantiated report:

The report has been classified as substantiated.
The perpetrator may request that a substantiated report be amended or expunged at an administrative hearing if the perpetrator does not agree with the classification of the report unless a court is in the process of making a determination.
The perpetrator's request for an administrative hearing to contest the classification of a substantiated report must be received by the department not more than 30 days after the notice is served.
If the perpetrator fails to request an administrative hearing within 30 days, the perpetrator named in a substantiated report may request an administrative hearing to contest the classification of the report if the perpetrator demonstrates that the failure to request an administrative hearing was due to excusable neglect or fraud. The Indiana Rules of Civil Procedure provide the standard for excusable neglect or fraud.

When Records Must Be Expunged
Ann. Code §§ 31-33-26-14; 31-33-26-15

The Department of Child Services shall immediately amend or expunge from the child protection index a substantiated report containing an inaccuracy arising from an administrative or a clerical error.

The department shall expunge a substantiated report contained within the index as follows:

No later than 10 working days after any of the following occurs:
A court having jurisdiction over a child in need of services proceeding determines that child abuse or neglect has not occurred.
An administrative hearing officer finds that the child abuse or neglect report is unsubstantiated.
A court having juvenile jurisdiction enters an order for expunction of the report under § 31-33-7-6.5.
No later than 20 years after a court determines that a child is a child in need of services based upon the report.
The department shall amend a substantiated report contained in the index by deleting the name of an alleged perpetrator if a court having jurisdiction over a child in need of services proceeding or an administrative hearing officer under this chapter finds that the person was not a perpetrator of the child abuse or neglect that occurred.

If the subsection above does not apply, the department shall expunge the substantiated report no later than the date on which any child who is named in the report as a victim of child abuse or neglect becomes age 24.

The department shall expunge an indicated report contained in the index at the time specified in § 31-33-8-12. The department shall expunge an unsubstantiated report contained in the index no later than 6 months after the date the report was entered into the index.



(Back to Top)

Child Welfare
Case Planning for Families Involved With Child Welfare Agencies
To better understand this issue and to view it across States, see the Case Planning for Families Involved With Child Welfare Agencies: Summary of State Laws (PDF - 696 KB) publication.

When Case Plans Are Required
Citation: Ann. Code §§ 31-34-15-1; 31-34-15-2

In accordance with Federal law, a case plan is required for each child in need of services who is under the supervision of the Department of Child Services as a result of an out-of-home placement or the issuance of a dispositional decree.
The department shall complete a child's case plan not later than 60 days after the date of the child's first placement or the date of a dispositional decree, whichever comes first.


Who May Participate in the Case Planning Process
Citation: Ann. Code § 31-34-15-2

The Department of Child Services, after negotiating with the child's parent, guardian, or custodian, shall complete the child's case plan.

Contents of a Case Plan
Ann. Code § 31-34-15-4

The case plan must include a description and discussion of the following:
A permanent plan for the child and an estimated date for achieving the goal of the plan
The appropriate placement for the child based on the child's special needs and best interests
The least restrictive familylike setting that is close to the home of the child's parent, custodian, or guardian if out-of-home placement is recommended
Family services recommended for the child, parent, guardian, or custodian
Efforts already made to provide family services to the child, parent, guardian, or custodian
Efforts that will be made to provide family services that are ordered by the court
If an out-of-home placement is appropriate, the county office or department shall consider whether the child should be placed with the child's suitable and willing blood or adoptive relative caregiver, including a grandparent, aunt, uncle, or adult sibling, before considering other out-of-home placements for the child.



(Back to Top)

Concurrent Planning for Permanency for Children
To better understand this issue and to view it across States, see the Concurrent Planning for Permanency for Children: Summary of State Laws (PDF - 200 KB) publication.

Statute Text:

This issue is not addressed in the statutes reviewed.


(Back to Top)

Court Hearings for the Permanent Placement of Children
To better understand this issue and to view it across States, see the Court Hearings for the Permanent Placement of Children: Summary of State Laws (PDF - 528 KB) publication.

Schedule of Hearings
Citation: Ann. Code §§ 31-34-21-2; 31-34-21-7
The case of each child in need of services under the supervision of the Department of Child Services must be reviewed at least once every 6 months, or more often, if ordered by the court. The first of these periodic case reviews must occur at least 6 months after the date of the child's removal from the child's home, or at least 6 months after the date of the dispositional decree, whichever comes first.
Each periodic case review must be conducted by the juvenile court in a formal court hearing. The court may perform a case review any time after a progress report has been filed.

The court shall hold a permanency hearing:

No later than 30 days after a court finds that reasonable efforts to reunify or preserve a child's family are not required
Every 12 months after the date of the original dispositional decree or the date that the child in need of services was removed from the child's parent, guardian, or custodian, whichever comes first
More often if ordered by the juvenile court


Persons Entitled to Attend Hearings
Citation: Ann. Code § 31-34-21-4
At least 7 days prior to a hearing, the department shall provide notice to each of the following:
The child's parent, guardian, or custodian
An attorney who has entered an appearance on behalf of the child's parent, guardian, or custodian
A prospective adoptive parent
The child's foster parent
Any other person who the department knows is currently providing care for the child
Any other suitable relative or person who the department knows has had a significant or caregiving relationship to the child
The court shall provide to a person described above an opportunity to be heard and to make recommendations to the court. The right to be heard and to make recommendations includes:

The right to submit a written statement to the court that, if served upon all parties to the child in need of services proceeding and the persons described above, may be made a part of the court record
The right to present oral testimony to the court and cross-examine any of the witnesses at the hearing


Determinations Made at Hearings
Citation: Ann. Code §§ 31-34-21-5; 31-34-21-7
At the review hearing, the court shall determine:
Whether the child's case plan, services, and placement meet the special needs and best interests of the child
Whether the department has made reasonable efforts to provide family services
A projected date for the child's return home, adoption, emancipation, or placement with a legal guardian
At the permanency hearing, the court shall:

Make the determination and findings required by § 31-34-21-5
Consider the question of continued jurisdiction and whether the dispositional decree should be modified
Consider the recommendations of persons listed under § 31-34-21-4 before approving a permanency plan
Consult with the child in an age-appropriate manner regarding the proposed permanency plan
Consider and approve a permanency plan for the child that complies with the requirements of § 31-34-21-7.5
Determine whether an existing permanency plan must be modified
Examine procedural safeguards used by the department to protect parental rights
If the child is at least age 16 and the proposed permanency plan provides for the transition of the child from foster care to independent living, the court shall:

Require the department to provide notice of the permanency hearing to the child
Provide to the child an opportunity to be heard and to make recommendations to the court


Permanency Options
Citation: Ann. Code § 31-34-21-7.5
The intended permanent or long-term arrangements for care and custody of the child may include any of the following arrangements that the court considers most appropriate and consistent with the best interests of the child:
Return to the home of the child's parent, guardian, or custodian or placement of the child with the child's noncustodial parent
Initiation of a proceeding for termination of the parent-child relationship
Placement for adoption
Placement of the child with another responsible person, including:
An adult sibling
A grandparent
An aunt or uncle
Another relative
Appointment of a legal guardian
Placement in another planned permanent living arrangement



(Back to Top)

Criminal Background Checks for Prospective Foster and Adoptive Parents
To better understand this issue and to view it across States, see the Criminal Background Checks for Prospective Foster and Adoptive Parents: Summary of State Laws (PDF - 553 KB) publication.

Requirements for Foster Parents
Citation: Ann. Code § 31-27-4-5

[Effective July 1, 2007]
The department or, at the discretion of the department, an applicant, shall conduct a criminal history check of:
The applicant's employees and volunteers who have or will have direct contact, on a regular and continuing basis, with children who are or will be under the direct supervision of the applicant
All household members who are at least age 14
The department shall make a determination whether the subject of a national fingerprint-based criminal history check has a record of a conviction for a felony or a misdemeanor relating to the health and safety of a child.
A criminal history check is required only at the time an application for a new license or the renewal of an existing license is submitted.
A fingerprint-based criminal history background check under § 31-9-2-22.5 (see above) for an employee or volunteer must be completed not later than the first 90 days of employment or assignment of a volunteer.


Requirements for Adoptive Parents
Citation: Ann. Code §§31-19-7-1; 31-9-2-22.5

[Effective July 1, 2007]
A child may not be placed in a proposed adoptive home without the prior written approval of a licensed child-placing agency or the Department of Child Services. Before giving approval for placement of a child in a proposed adoptive home, a licensed child-placing agency or the department shall conduct a criminal history check (as defined below) concerning the proposed adoptive parent and any other person who is currently residing in the proposed adoptive home.

''Conduct a criminal history check'' means to:

Request the State police department to:
Release a limited criminal history and juvenile history data concerning a person who is at least age 14 and who is a resident of the applicant's household
Conduct a fingerprint-based criminal history background check of both national and State records databases concerning a person who is at least age 18
Conduct a national name-based criminal history record check of a person who is at least age 18
Collect each substantiated report of child abuse or neglect reported in a jurisdiction where a probation officer, a caseworker, or the Department of Child Services has reason to believe that a person for whom a criminal history background check is required has resided within the previous 5 years
Request information concerning any substantiated report of child abuse and neglect relating to a person described above that is contained in a national registry of substantiated cases that is maintained by the U.S. Department of Health and Human Services



(Back to Top)

Determining the Best Interests of the Child
To better understand this issue and to view it across States, see the Determining the Best Interests of the Child: Summary of State Laws (PDF - 385 KB) publication.

Citation: Ind. Code Ann. § 31-34-19-6 (LexisNexis through 2007 Reg. Sess.)

Statute Text:

If consistent with the safety of the community and the best interests of the child, the juvenile court shall enter a dispositional decree that:
Is in the least restrictive (most familylike) and most appropriate setting available
Is close to the parents' home, consistent with the best interests and special needs of the child
Least interferes with family autonomy
Is least disruptive of family life
Imposes the least restraint on the freedom of the child and the child's parent, guardian, or custodian
Provides a reasonable opportunity for participation by the child's parent, guardian, or custodian



(Back to Top)

Grounds for Involuntary Termination of Parental Rights
To better understand this issue and to view it across States, see the Grounds for Involuntary Termination of Parental Rights: Summary of State Laws (PDF - 444 KB) publication.

Circumstances That Are Grounds for Termination of Parental Rights
Ann. Code §§ 31-34-21-5.6; 31-35-2-4.5

A petition to terminate parental rights may be filed when one or more of the following circumstances are present:
The parent has abandoned the child.
The parent has been convicted of:
Causing a suicide, involuntary manslaughter, rape, criminal deviate conduct, child molesting, exploitation, or incest, and the victim is a child of the parent or the parent of the child
Murder or voluntary manslaughter of another child of the parent or a parent of the child
Aiding, abetting, attempting, or soliciting to commit any of the above offenses
Battery, aggravated battery, criminal recklessness, or neglect of a dependent against the child or another child of the parent
The child has been in foster care for 15 of the most recent 22 months.
Parental rights to another child of the parent have been involuntarily terminated.


Circumstances That Are Exceptions to Termination of Parental Rights
Ann. Code § 31-35-2-4.5

A petition to terminate parental rights may be dismissed if:
The current case plan has documented a compelling reason that termination is not in the best interests of the child.
A compelling reason may include the fact that the child is being cared for by a relative who is the guardian of the child.
The county office of family and children has not provided services to the family as required in the case plan.



(Back to Top)

Infant Safe Haven Laws
To better understand this issue and to view it across States, see the Infant Safe Haven Laws: Summary of State Laws (PDF - 660 KB) publication.

Infant's Age
Ann. Code § 31-34-2.5-1

The relinquished child may not be more than 45 days old.

Who May Relinquish the Infant
Ann. Code § 31-34-2.5-1

The child may be relinquished by his or her parent or any person designated by the parent.

Who May Receive the Infant
Ann. Code § 31-34-2.5-1

The child may be left with an emergency medical services provider.

Responsibilities of the Safe Haven Provider
Ann. Code §§ 31-34-2.5-1; 31-34-2.5-2

An emergency medical services provider shall, without a court order, take custody of a child who is, or who appears to be, not more than 45 days old if:
The child is voluntarily left with the provider by the child's parent.
The parent does not express an intent to return for the child.
An emergency medical services provider who takes custody of a child under this section shall perform any act necessary to protect the child's physical health or safety.
Immediately after an emergency medical services provider takes custody of a child, the provider shall notify the Department of Child Services that the provider has taken custody of the child. Not later than 48 hours after the department has taken custody of the child, it shall contact the Indiana Clearinghouse for Information on Missing Children to determine if the child has been reported missing.

Immunity for the Provider

This issue is not addressed in the statutes reviewed.

Protection for Relinquishing Parent
Ann. Code §§ 31-34-2.5-1; 35-46-1-4

A person who voluntarily leaves a child with an emergency services provider is not required to disclose his or her name or the parent's name.

If the accused person left a dependent child, who was not more than 30 days old at the time the alleged act occurred, with an emergency medical provider who took custody of the child, it is a defense to a prosecution for abandonment or neglect of a dependent when:

The prosecution is based solely on the alleged act of leaving the child with the emergency medical services provider.
The alleged act did not result in bodily injury or serious bodily injury to the child.


Effect on Parental Rights
Ann. Code §§ 31-34-2.5-2; 31-34-2.5-3

The Department of Child Services shall assume the care, control, and custody of the child immediately after receiving notice from the emergency services provider.
A child for whom the Department of Child Services assumes care, control, and custody shall be treated as a child taken into custody without a court order, except that efforts to locate the child's parents or reunify the child's family are not necessary, if after receiving a written report and recommendation from the guardian ad litem or court-appointed special advocate, the court finds that reasonable efforts to locate the child's parents or reunify the child's family would not be in the best interests of the child.



(Back to Top)

Online Resources for State Child Welfare Law and Policy
To better understand this issue and to view it across States, see the Online Resources for State Child Welfare Law and Policy (PDF - 472 KB) publication.

Statutes:

Website for Statutes: www.in.gov/legislative/ic/code/
Citations:

Adoption: Title 31, Article 19
Child Protection: Title 31, Article 33
Child Welfare: Title 31, Articles 28, 34, 35

Regulation/Policy

Website for Administrative Code: www.in.gov/legislative/iac/iac_title?iact=465
Note:
See Article 2





Website for Agency Policies: www.in.gov/dcs/2355.htm



Other Resources


Department of Child Services

Indiana Foster Family Resource Guide
in.gov/dcs/files/1003NewFosterGuide4Web.pdf (PDF - 1690 KB)
Family Preservation: Revised/New Service Standards
www.in.gov/dcs/2464.htm

(Back to Top)

Placement of Children With Relatives
To better understand this issue and to view it across States, see the Placement of Children With Relatives: Summary of State Laws (PDF - 310 KB) publication.

Relative Placement for Foster Care and Guardianship
Citation: Ann. Code § 31-34-4-2
The court shall consider placing a child with a suitable and willing blood or adoptive relative caregiver, including a grandparent, aunt, uncle, adult sibling, de facto custodian, or stepparent, before considering any other out-of-home placement.

Requirements for Placement with Relatives
Citation: Ann. Code § 31-34-4-2
Before placement, the court may order the Division of Family and Children to complete a home study of the relative's home and provide a placement recommendation.
The court shall order the division to complete a criminal history check of each person residing in the home. The child may not be placed in the home if any person has committed an act of child abuse or neglect, or a felony or delinquent act involving homicide, battery, arson, use of a weapon, or a felony related to controlled substances.

If the relative has committed any of the offenses listed above, the court may place the child in his or her care if the court makes a written finding that the relative's commission of the offense, delinquent act, or act of abuse or neglect is not relevant to the relative's present ability to care for a child, and that the placement is in the best interests of the child.

Relatives Who May Adopt

This issue is not addressed in the statutes reviewed.

Requirements for Adoption by Relatives

This issue is not addressed in the statutes reviewed.



(Back to Top)

Reasonable Efforts to Preserve or Reunify Families and Achieve Permanency for Children
To better understand this issue and to view it across States, see the Reasonable Efforts to Preserve or Reunify Families and Achieve Permanency for Children: Summary of State Laws (PDF - 368 KB) publication.

What Are Reasonable Efforts
Citation: Ann. Code § 31-34-21-5.5
''Reasonable efforts'' refer to measures taken to provide services to preserve and reunify families.

When Reasonable Efforts Are Required
Citation: Ann. Code § 31-34-21-5.5
The department shall make reasonable efforts to preserve and reunify families as follows:
If the child has not been removed from the home, to prevent or eliminate the need for removing the child
If the child has been removed from the home, to make it possible for the child to return safely home as soon as possible


When Reasonable Efforts Are NOT Required
Citation: Ann. Code § 31-34-21-5.6
Reasonable efforts to reunite a child with his or her family or to preserve a family are not required when the court finds any of the following:
A parent has been convicted of causing a suicide, involuntary manslaughter, rape, criminal deviate conduct, child molesting, or exploitation of a victim who is the parent’s child or the child’s other parent.
A parent has been convicted of murder or voluntary manslaughter of a victim who is the parent's child or the child’s other parent.
A parent has been convicted of attempting, aiding, or conspiring to commit any of the above crimes.
A parent has been convicted of battery, aggravated battery, criminal recklessness, or neglect against a child.
The parental rights of a parent with respect to a sibling have been involuntarily terminated.
The child is an abandoned infant.



(Back to Top)

Standby Guardianship
To better understand this issue and to view it across States, see the Standby Guardianship: Summary of State Laws (PDF - 256 KB) publication.

These issues are not addressed in statutes reviewed.
(Back to Top)

Adoption
Access to Adoption Records
To better understand this issue and to view it across States, see the Access to Adoption Records: Summary of State Laws (PDF - 504 KB) publication.

Who May Access Information
Citation: Ann. Stat. § 31-19-18-2

Effective July 1, 2009
The following persons may transmit identifying information and nonidentifying information to the State registrar for inclusion with the adoption history:

An adoptee who is an adult
A birth parent
An adoptive parent
A pre-adoptive sibling who is at least age 21
The spouse or relative of a deceased adoptee if the relationship existed at the time of the adoptee's death
The spouse or relative of a deceased birth parent if the relationship existed at the time of the birth parent's death


Access to Nonidentifying Information
Citation: Ann. Stat. §§ 31-19-17-3; 31-19-17-5

The person, licensed child-placing agency, or county office shall release all available social, medical, psychological, and educational records concerning the child to:
The adoptive parent
Upon request, the adoptee who is at least age 21
The report shall exclude information that would identify the birth parents unless the adoptive parent or adoptee who requests the information knows the identity of the birth parents.

For an adoption that was granted before 7-1-1993: Upon the request of an adoptee who is at least age 21, the licensed child-placing agency or a county office shall provide to the adoptee available information of social, medical, psychological, and educational records and reports. Information that would identify the birth parents shall be excluded from the report unless an adoptee already knows the identity of the birth parents.

Mutual Access to Identifying Information
Citation: Ann. Stat. §§ 31-19-22-2; 31-19-25-2; 31-19-25-3; 31-19-25-6; 31-19-25-8; 31-19-25-9

For adoptions before 12-31-1993: Identifying information shall be released if requested by a person listed in § 31-19-18-2 if the adult adoptee and the birth parent have submitted a written consent to the State Registrar.

For adoptions after 12-31-1993: Identifying information shall be released to the adult adoptee upon written request to the State Registrar unless the birth parent has submitted a written nonrelease form that indicates the birth parent's lack of consent to release of identifying information.

An adoptee who is at least age 21 or a preadoptive sibling who is at least age 21 may submit a written request to the State Registrar stating an interest in being reunited with any preadoptive siblings and authorizing the release of their name and present location to any preadoptive siblings who make similar inquiries.

If an adoptee or a preadoptive sibling submits a written request to be reunited with a preadoptive sibling, but the preadoptive sibling has not made a similar inquiry, the State Registrar shall search the adoption records for information concerning the preadoptive sibling and if possible, contact and advise the sibling of the request unless the sibling is younger than age 21. If the sibling is at least age 21, he or she shall make the final decision as to whether to release his or her name and present location to the requesting person. If the sibling is under age 21, the sibling's parents shall make the final decision regarding release of the sibling's name and present location to the requesting person.

The adoptive parents of an adoptee who is under age 21 may submit a written request for information concerning the identity and present location of any preadoptive siblings of the child. The State Registrar shall release the name and present location of the preadoptive sibling to the adoptive parents if the preadoptive sibling submitted a written request authorizing the release of the information.

Access to Original Birth Certificate
Citation: Ann. Stat. § 31-19-13-2

The original birth certificate is withheld from inspection except for a child adopted by a stepparent or as provided in statutes pertaining to release of identifying information.

Where the Information Can Be Located

Indiana Adoption History Registry, Indiana State Department of Health, Vital Statistics

(Back to Top)

Collection of Family Information About Adopted Persons, Birth Parents, and Adoptive Parents
To better understand this issue and to view it across States, see the Collection of Family Information About Adopted Persons, Birth Parents, and Adoptive Parents: Summary of State Laws (PDF - 371 KB) publication.

Agency or Person Gathering Information or Preparing Report
Citation: Ann. Code §§ 31-19-2-7.5; 31-19-17-2
The investigation of the prospective adoptive parent shall be conducted by:
A licensed child-placing agency
A county office of family and children
The report on the birth parents shall be prepared by:

The person placing the child
A licensed child-placing agency
A county office of family and children


Contents of Report About Person to be Adopted
Citation: Ann. Code §§ 31-19-2-7; 31-19-8-6
A report shall be prepared that includes the child's:
Health status and medical history, including neonatal, psychological, physiological, and medical care
The former environment and antecedents of the child
Possible barriers to the child's placement, including ethnic background, race, language, disabilities, or membership in a sibling group


Contents of Report About Birth Parents
Citation: Ann. Code §§ 31-19-2-7; 31-19-17-2
The report on the birth parents shall include:
The health status of the birth parents
A medical history
A summary of medical, psychological, and educational records


Contents of Report About Adoptive Parents
Citation: §§ 31-19-8-6; 31-19-2-7.5
The investigation of the adoptive parents shall address:
The suitability of the proposed adoptive home
The results of a criminal background check
The report may not contain information concerning the financial condition of the adoptive parents.



(Back to Top)

Consent to Adoption
To better understand this issue and to view it across States, see the Consent to Adoption: Summary of State Laws (PDF - 474 KB) publication.

Who Must Consent to an Adoption
Citation: Ann. Code § 31-19-9-1
Written consent to adoption must be executed by the following:
Each living parent of a child born in wedlock
The mother of a child born out of wedlock and the father of a child who has established paternity
Each person, agency, or county office of family and children having lawful custody of the child
The court having jurisdiction of the custody of the child, if the legal guardian or custodian of the person of the child is not empowered to consent to the adoption
The spouse of the child to be adopted, if the child is married
A parent who is under age 18 may consent to an adoption without the concurrence of the individual's parents or guardian unless the court, in the court's discretion, determines that it is in the best interest of the child to be adopted to require the concurrence.

Age When Consent of Adoptee is Considered or Required
Citation: Ann. Code § 31-19-9-1
A child age 14 or older must consent to the adoption.

When Parental Consent is not Needed
Citation: Ann. Code §§ 31-19-9-8 to 31-19-9-10
Consent is not required from any of the following:

A parent who is adjudged to have abandoned the child for at least 6 months immediately prior to filing of the petition
A parent of a child in the custody of another person who fails for a period of at least 1 year to communicate significantly or provide for the care and support of the child when able to do so
A biological father of a child born out of wedlock who has not established paternity
A biological father of a child born out of wedlock whose child was conceived as a result of rape, child molesting, sexual misconduct with a minor, or incest
A putative father whose consent to adoption is irrevocably implied, who established paternity after an adoption petition was filed, or who failed to register with the putative father registry
A parent who has relinquished the right to consent or whose rights have been terminated
A parent judicially declared incompetent or mentally defective
A legal guardian who has unreasonably failed to consent to the adoption
A parent who has been found to be unfit
A biological father who had denied paternity before or after the birth of the child
Consent to adoption is not required from a parent if the parent is convicted of committing any of the crimes listed below and the victim is the child’s other parent:

Murder, causing suicide, or voluntary manslaughter
An attempt to commit a crime described above
A crime in another State that is substantially similar to a crime described above
Consent to adoption is not required from a parent if the parent is convicted of any of the following and the victim is another child of the parent:

Murder, causing suicide, or voluntary manslaughter
Rape, criminal deviate conduct, child molesting, or incest
Neglect of a dependent or battery


When Consent Can Be Executed
Citation: Ann. Code § 31-19-9-2
The consent to adoption may be executed at any time after the birth of the child. The child's mother may not execute a consent to adoption before the birth of the child.
The child's father may execute a consent to adoption before the birth of the child if the consent to adoption:

Is in writing
Is signed by the child's father in the presence of a notary public
Contains an acknowledgment that the consent to adoption is irrevocable and the child's father will not receive notice of the adoption proceedings


How Consent Must Be Executed
Citation: Ann. Code § 31-19-9-2
The consent to adoption may be executed either in the presence of:
The court
A notary public or other person authorized to take acknowledgments
An authorized agent of the department, a county office of family and children, or a licensed child-placing agency


Revocation of Consent
Citation: Ann. Code §§ 31-19-9-2(d);31-19-10-3; 31-19-10-4
A child's father who consents to the adoption of the child prior to the child's birth may not challenge or contest the child's adoption.
A consent to adoption may be withdrawn no later than 30 days after consent to adoption is signed, if the court finds that the person seeking the withdrawal is acting in the best interest of the person sought to be adopted.

A consent to adoption may not be withdrawn after the entry of the adoption decree.



(Back to Top)

Court Jurisdiction and Venue for Adoption Petitions
To better understand this issue and to view it across States, see the Court Jurisdiction and Venue for Adoption Petitions: Summary of State Laws (PDF - 233 KB) publication.

Jurisdiction
Citation: Ann. Stat. §§ 31-19-1-2; 31-19-2-1
In each county that has a separate probate court, the probate court has exclusive jurisdiction in all adoption matters. In other counties, adoption petitions are heard by the court that handles probate matters.

Venue
Citation: Ann. Stat. §§ 31-19-2-2; 31-19-2-3

A resident of Indiana who seeks to adopt a child may file a petition for adoption with the court having probate jurisdiction in the county in which:
The petitioner for adoption resides.
A licensed child-placing agency or governmental agency having custody of the child is located.
The child resides.
An individual who is not a resident of Indiana and who seeks to adopt a hard-to-place child may file a petition for adoption with the court having probate jurisdiction in the county in which:

The licensed child-placing agency or governmental agency having custody of the child is located.
The child resides.



(Back to Top)

State Recognition of Intercountry Adoptions Finalized Abroad
To better understand this issue and to view it across States, see the State Recognition of Intercountry Adoptions Finalized Abroad: Summary of State Laws (PDF - 414 KB) publication.

Effect and Recognition of a Foreign Adoption Decree
Citation: Ann. Code § 31-19-28-1

Whenever a person is adopted outside Indiana, under the laws of the State, Territory, or country where the adoption took place:
The adoption decree, when filed with the clerk of the court of any county in Indiana and when entered upon the order book of the court in open session, has the same force and effect as if the adoption decree were made in accordance with this article.
The adopted person has the same rights and is capable of taking by inheritance, upon the death of the adoptive parent, property located in Indiana, as though the person had been adopted according to the laws of Indiana.


Readoption After an Intercountry Adoption

This issue is not addressed in the statutes reviewed.

Application for a U.S. Birth Certificate

This issue is not addressed in the statutes reviewed.


(Back to Top)

Intestate Inheritance Rights for Adopted Children
To better understand this issue and to view it across States, see the Intestate Inheritance Rights for Adopted Children: Summary of State Laws (PDF - 333 KB) publication.

Birth Parents in Relation to Adopted Person
Citation: Ann. Code § 29-1-2-8
For all purposes of intestate succession, an adopted child shall cease to be treated as a child of the birth parent(s) and any previous adopting parent(s). However, if a birth parent of a child marries the adopting parent, the adopted child shall inherit from the child's birth parent as though the child had not been adopted, and from the child's adoptive parent as though the child were their birth child. In addition, if a person who is related to a child within the sixth degree adopts the child, the child shall upon the occasion of each death in the child's family have the right of inheritance through the child's birth parents or adopting parents.

Adoptive Parents in Relation to Adopted Person
Citation: Ann. Code § 29-1-2-8
For all purposes of intestate succession, an adopted child shall be treated as a natural child of the child's adopting parent(s).


(Back to Top)

Postadoption Contact Agreements Between Birth and Adoptive Families
To better understand this issue and to view it across States, see the Postadoption Contact Agreements Between Birth and Adoptive Families: Summary of State Laws (PDF - 443 KB) publication.

What may be included in postadoption contact agreements?
Citation: Ann. Code §§ 31-19-16-3; 31-19-16-9

A postadoption contact agreement must contain the following provisions:
An acknowledgment by the birth parents that the adoption is irrevocable, even if the adoptive parents do not abide by the postadoption contact agreement
An acknowledgment by the adoptive parents that the agreement grants the birth parents the right to seek enforcement of the postadoption privileges set forth in the agreement
Postadoption contact privileges are permissible without court approval in an adoption of a child who is less than 2 years old upon the agreement of the adoptive parents and a birth parent. However, postadoption contact privileges under this section may not include visitation. A postadoption contact agreement under this section is not enforceable and does not affect the finality of the adoption.

Who may be a party to a postadoption contact agreement?
Citation: Ann. Code §§ 31-19-16-1; 31-19-16.5-1

At the time an adoption decree is entered, the court entering the adoption decree may grant postadoption contact privileges to a birth parent who has consented to the adoption or voluntarily terminated the parent-child relationship.

At the time an adoption decree is entered, the court may order the adoptive parents to provide specific postadoption contact for an adopted child who is at least 2 years old with a preadoptive sibling if:

The court determines that the postadoption contact would serve the best interests of the adopted child.
Each adoptive parent consents to the court's order for postadoption contact privileges.


What is the role of the court in postadoption contact agreements?
Citation: Ann. Code §§ 31-19-16-2; 31-19-16.5-2

A court may grant postadoption contact privileges if:
The court determines that the best interests of the child would be served.
The child is at least 2 years old and the court finds that there is a significant emotional attachment between the child and the birth parent.
Each adoptive parent consents to the granting of postadoption contact privileges.
The adoptive parents and the birth parents execute a postadoption contact agreement and file the agreement with the court.
The licensed child-placing agency sponsoring the adoption and the child's court-appointed special advocate or guardian ad litem recommends to the court the postadoption contact agreement, or if there is no licensed child-placing agency sponsoring the adoption, the county Office of Family and Children or other agency that prepared an adoption report is informed of the contents of the agreement and comments on the agreement in the agency's report to the court.
Consent to postadoption contact is obtained from the child if the child is at least 12 years old.
The postadoption contact agreement is approved by the court.
In making its determination, the court shall consider any relevant evidence, including the following:

A recommendation made by a licensed child-placing agency sponsoring the adoption
A recommendation made by the adopted child's court-appointed special advocate or guardian ad litem
A recommendation made by the county Office of Family and Children or other agency that prepared a report of its investigation and its recommendation as to the advisability of the adoption
The wishes expressed by the adopted child or adoptive parents


Are agreements legally enforceable?
Citation: Ann. Code §§ 31-19-16-4; 31-19-16-6; 31-19-16.5-4; 31-19-16.5-5

A birth parent or an adoptive parent may file a petition with the court entering the adoption decree to modify the postadoption contact agreement or to compel a birth parent or an adoptive parent to comply with the postadoption contact agreement.
Before the court hears a motion to compel compliance with an agreement, the court may appoint a guardian ad litem or court-appointed special advocate to represent and protect the best interests of the child. However, the court may only appoint a guardian ad litem or court-appointed special advocate for the adopted child if the interests of an adoptive parent differ from the child's interests to the extent that the court determines that the appointment is necessary to protect the best interests of the child.

The following persons may file a petition requesting that the court vacate or modify a postadoption contact order with a preadoptive sibling or to compel an adoptive parent to comply with the postadoption contact order:

A preadoptive sibling by a next friend, guardian ad litem, or court-appointed special advocate
The adopted child by a next friend, guardian ad litem, or court-appointed special advocate
An adoptive parent


How may an agreement be terminated or modified?
Citation: Ann. Code §§ 31-19-16-4; 31-19-16-6; 31-19-16.5-4; 31-19-16.5-5

A birth parent or an adoptive parent may file a petition with the court entering the adoption decree to modify the postadoption contact agreement.
The court may void or modify a postadoption contact agreement at any time before or after the adoption if the court determines after a hearing that the best interests of the child requires the voiding or modifying of the agreement.

Before the court voids or modifies an agreement, the court may appoint a guardian ad litem or court-appointed special advocate to represent and protect the best interests of the child.

The following persons may file a petition requesting that the court vacate or modify a postadoption contact order with a preadoptive sibling:

A preadoptive sibling by a next friend, guardian ad litem, or court-appointed special advocate
The adopted child by a next friend, guardian ad litem, or court-appointed special advocate
An adoptive parent
The court may vacate or modify a postadoption contact order entered under this chapter at any time after the adoption if the court determines, after a hearing, that it is in the best interests of the adopted child.



(Back to Top)

Regulation of Private Domestic Adoption Expenses
To better understand this issue and to view it across States, see the Regulation of Private Domestic Adoption Expenses: Summary of State Laws (PDF - 592 KB) publication.

Birth Parent Expenses Allowed
Citation: Ann. Stat. § 35-46-1-9(b)

Payment of the following expenses is permitted:
Reasonable attorney fees
Hospital and medical costs related to the birth mother's pregnancy and child birth
Reasonable expenses for psychological counseling for the birth mother
Travel expenses and maternity clothes
Living expenses, including housing, utilities, and phone service, during the second and third trimester of pregnancy
Reimbursement of not more than actual wages lost as a result of the inability of the adopted person's birth mother to work at her regular, existing employment due to a medical condition, excluding a psychological condition
Any additional living expenses, as approved by the court


Birth Parent Expenses Not Allowed
Citation: Ann. Stat. § 35-46-1-9(b), (c)
Payments of expenses are subject to the following limitations:
Compensation for lost wages shall be offset by the living expenses paid and any unemployment compensation to which the mother is entitled.
Total expenses paid shall not exceed $3,000, unless approved by the court.
Payment of living expenses shall not extend beyond 6 weeks after the child's birth and may not exceed $1,000.



Allowable Payments for Arranging Adoption
Citation: Ann. Stat. § 35-46-1-9
Reasonable charges and fees levied by a licensed child placing agency or by a county office of family and children are permitted.

Allowable Payments for Relinquishing Child
Citation: Ann. Stat. § 35-46-1-9(a)
Except for expenses allowed, it is unlawful to transfer or receive property for waiving parental rights or consenting to adoption. The expenses paid must not be offered as an inducement to proceed with the adoption.

Allowable Fees Charged by Department/Agency
Citation: Ann. Stat. §§ 31-19-2-8; 31-19-7-1
The petitioner for adoption must attach to the petition for adoption:
An adoption history fee of $20, payable to the State Department of Health
A putative father registry fee of $50, payable to the State Department of Health for:
Administering the putative father registry
Paying for blood or genetic testing in a paternity action in which an adoption is pending, in accordance with § 31-14-21-9.1
The prospective adoptive parent shall pay the fees and other costs of the criminal history check required by law.

Accounting of Expenses Required by Court
Citation: Ann. Stat. § 35-46-1-9(c)
All fees and expenses paid must be disclosed to the court supervising the adoption.



(Back to Top)

Rights of Presumed (Putative) Fathers, The
To better understand this issue and to view it across States, see the Rights of Presumed (Putative) Fathers, The: Summary of State Laws (PDF - 925 KB) publication.

Legal definition of "father"
Ann. Code §§ 31-9-2-9; 31-9-2-88; 31-9-2-100

''Alleged father'' means any man claiming to be or charged with being a child's biological father.
''Parent,'' for purposes of the juvenile law, means a biological or an adoptive parent. Unless otherwise specified, the term includes both parents, regardless of their marital status.

''Putative father'' means a male of any age who is alleged to be or claims that he may be a child's father but who:

Is not presumed to be the child's father under §§ 31-14-7-1(1) or IC 31-14-7-1(2)
Has not established paternity of the child before the filing of an adoption petition:
In a court proceeding
By executing a paternity affidavit under § 16-37-2-2.1


Putative father registry
Ann. Code §§ 31-19-5-2; 31-19-5-3; 31-19-5-5

The putative father registry is established within the State Department of Health. The registry's purpose is to determine the name and address of a father:
Whose name and address have not been disclosed by the mother of the child, on or before the date the mother executes a consent to the child's adoption, to an attorney agency that is arranging the adoption of the child
Who may have conceived a child for whom a petition for adoption has been or may be filed to provide notice of the adoption to the putative father
If, on or before the date the mother of a child executes a consent to the child's adoption, the mother does not disclose to an attorney or agency that is arranging or may arrange an adoption of the child the name or address, or both, of the putative father of the child, the putative father must register under this chapter to entitle him to notice of the child's adoption.

Alternate means to establish paternity
Ann. Code § 16-37-2-2.1

Immediately before or after the birth of a child who is born out of wedlock, a person who attends or plans to attend the birth, including personnel of all public or private birthing hospitals, shall provide an opportunity for the child's mother and a man who reasonably appears to be the child's biological father to execute an affidavit acknowledging paternity of the child.

A paternity affidavit must be executed on a form provided by the department. The paternity affidavit is valid only if the affidavit is executed as follows:

If executed through a hospital, the affidavit must be completed not more than 72 hours after the child's birth.
If executed through a local health department, the affidavit must be completed before the child has reached the age of emancipation.
A paternity affidavit is not valid if it is executed after the mother of the child has executed a consent to adoption of the child and a petition to adopt the child has been filed. The affidavit must contain or be attached to all of the following:

The mother's sworn statement asserting that a person described in the affidavit is the child's biological father
A statement by a person identified as the father in the affidavit attesting to a belief that he is the child's biological father
Written information furnished by the child support bureau of the department of child services explaining the effect of an executed paternity affidavit and describing the availability of child support enforcement services
The Social Security number of each parent
If a man has executed a paternity affidavit in accordance with this section, the executed paternity affidavit conclusively establishes the man as the legal father of a child without any further proceedings by a court.

Required Information
Ann. Code 31-19-5-7(a)

The State Department of Health shall maintain the following information in the registry:

The putative father's:
Name
Address at which he may be served with notice of an adoption
Social Security number
Date of birth
The mother's:
Name, including all other names known to the putative father that the mother uses, if known
Address, if known
Social Security number, if known
Date of birth, if known
The child's:
Name, if known
Place of birth, if known
The date that the department receives a putative father's registration
The name of an attorney or agency that requests the department to search the registry to determine whether a putative father is registered in relation to a mother whose child is or may be the subject of an adoption
The date that the attorney or agency submits a request
Any other information that the department determines is necessary to access the information in the registry


Revocation of claim to paternity
Ann. Code §§ 31-19-5-19; 16-37-2-2.1

A putative father may revoke a registration at any time by submitting a signed, notarized statement revoking the registration.
A paternity affidavit that is properly executed under this § 16-37-2-2.1 may not be rescinded more than 60 days after the paternity affidavit is executed unless a court:

Has determined that fraud, duress, or material mistake of fact existed in the execution of the paternity affidavit
At the request of a man who is a party to a paternity affidavit, has ordered a genetic test, and the test indicates that the man is excluded as the father of the child
Unless good cause is shown, a court shall not suspend the legal responsibilities of a party to the executed paternity affidavit during a challenge to the affidavit.

The court may not set aside the paternity affidavit unless a genetic test excludes the person who executed the paternity affidavit as the child's biological father.

Access to information
Ann. Code § 31-19-5-21

The State Department of Health shall furnish a certified copy of a putative father's registration form, upon written request, to:

A putative father
A mother
A child
Any party or attorney of record in a pending adoption
An attorney who represents prospective adoptive parents or petitioners in an adoption
A licensed child-placing agency that represents prospective adoptive parents or petitioners in an adoption
A court that presides over a pending adoption



(Back to Top)

Use of Advertising and Facilitators in Adoptive Placements
To better understand this issue and to view it across States, see the Use of Advertising and Facilitators in Adoptive Placements: Summary of State Laws (PDF - 282 KB) publication.

Use of Advertisement
Citation: Ann. Code § 35-46-1-21

Only a licensed attorney or a licensed child-placing agency may place a paid advertisement or paid listing of a person's telephone number, on that person's own behalf, in a telephone directory that a child is offered or wanted for adoption, or that person is able to place, locate, or receive a child for adoption.


Use of Intermediaries/Facilitators
Citation: Ann. Code § 35-46-1-22


A person who knowingly or intentionally provides, engages in, or facilitates adoption services to a birth parent or prospective adoptive parent who resides in Indiana commits unauthorized adoption facilitation, a misdemeanor.

'Adoption services' means at least one of the following services that is provided for compensation, either directly or indirectly, and provided either before or after the services are rendered:

Arranging for the placement of a child
Identifying a child for adoption
Matching adoptive parents with birth parents
Arranging or facilitating an adoption
Taking or acknowledging consents or surrenders for termination of parental rights for adoption purposes
Performing background studies on the adoptive child or adoptive parents
Making determinations about the best interests of a child and the appropriateness in placing the child for adoption
Postplacement monitoring of a child before the adoption is finalized
The term adoption services does not include:

Legal services provided by an attorney
Adoption-related services provided by a government entity or by a person appointed to perform an investigation by the court
General education and training on adoption issues
Postadoption services, including supportive services to families to promote the well-being of members of adoptive families or birth families
This section does not apply to the following:

The Department of Child Services, an agency or person authorized to act on behalf of the department, or a similar agency in another State
The Division of Family Resources, an agency or person authorized to act on behalf of the division, or a similar agency in another State
A child-placing agency licensed under the laws of Indiana or another State
An attorney licensed to practice law in Indiana or another State
A birth parent or prospective adoptive parent acting on his or her own behalf

(Back to Top)

Who May Adopt, Be Adopted, or Place a Child for Adoption
To better understand this issue and to view it across States, see the Who May Adopt, Be Adopted, or Place a Child for Adoption: Summary of State Laws (PDF - 302 KB) publication.

Who May Adopt
Citation: Ann. Code §§ 31-19-2-2; 31-19-2-3; 31-19-2-4
The following persons may adopt:
A resident of Indiana may adopt.
A nonresident may adopt a hard to place child.
A husband and wife must petition jointly.


Who May Be Adopted
Citation: Ann. Code §§ 31-19-2-2; 31-19-2-1
The following persons may be adopted:
A child less than age 18
A person age 18 or older who consents to his or her adoption by a resident of Indiana


Who May Place a Child for Adoption
Citation: Ann. Code § 31-19-7-1
A parent may make a direct placement when the child is sought to be adopted by a stepparent, grandparent, aunt, or uncle. In all other cases, a child may not be placed in a proposed adoptive home without the prior written approval of a licensed child-placing agency or county office of family and children.






 
 
 

Music

Loading…

Birthdays

There are no birthdays today

Badge

Loading…

© 2012   Created by LisaNJGsevate Forjustice.   Powered by .

Badges  |  Report an Issue  |  Terms of Service