Ind. Code ch. 31-34-20

in effect

Ind. Code § 31-34-20-1 Dispositional decrees; conditions for placement of child in home or facility outside Indiana; written findings and conclusions

Sec. 1. (a) Subject to this section and sections 1.5 and 1.6 of this chapter, if a child is a child in need of services, the juvenile court may enter one (1) or more of the following dispositional decrees: (1) Order supervision of the child by the department. (2) Order the child to receive outpatient treatment: (A) at a social service agency or a psychological, a psychiatric, a medical, or an educational facility; or (B) from an individual practitioner. (3) Remove the child from the child's home and authorize the department to place the child in another home, shelter care facility, child caring institution, group home, or secure private facility. Placement under this subdivision includes authorization to control and discipline the child. (4) Award wardship of the child to the department for supervision, care, and placement. (5) Partially or completely emancipate the child under section 6 of this chapter. (6) Unless a finding has been made under IC 31-34-21-5.6 that reasonable efforts for family preservation or reunification are not required, order the child's parent, guardian, or custodian to complete reunification services recommended by the department and approved by the court under IC 31-34-18 and IC 31-34-19, which may include services described in section 3(a) of this chapter. In determining the reunification services that are appropriate, the court shall take into consideration: (A) any failure of the parent, guardian, or custodian to substantially participate in previously ordered services or substantially comply with a previous case plan; (B) any history of the parent, guardian, or custodian abusing the child while the parent, guardian, or custodian was under the influence of drugs or alcohol; (C) any history of the parent, guardian, or custodian directing violent behavior at the child or at a member of the child's immediate family; (D) whether the parent, guardian, or custodian continues to reside with an individual who abused the child; (E) any patterns of behavior by the parent, guardian, or custodian that have exposed the child to repeated abuse; (F) any testimony by a competent professional that remediation of the parent's, guardian's, or custodian's behavior is unlikely to be successful; and (G) whether the parent, guardian, or custodian has expressed an interest in reunification with the child. In determining the appropriateness of the reunification services, the court shall consider the child's health, welfare, and safety as the paramount concern. (7) Order a person who is a party to refrain from direct or indirect contact with the child. (8) Order a perpetrator of child abuse or neglect to refrain from returning to the child's residence. (b) A juvenile court may not place a child in a home or facility that is located outside Indiana unless: (1) the placement is recommended or approved by the director of the department or the director's designee; or (2) the juvenile court makes written findings based on clear and convincing evidence that: (A) the out-of-state placement is appropriate because there is not an equivalent facility with adequate services located in Indiana; (B) institutional care in the other jurisdiction is in the best interest of the child and will not produce undue hardship; or (C) the location of the home or facility is within a distance not greater than fifty (50) miles from the county of residence of the child. (c) If a dispositional decree under this section: (1) orders or approves removal of a child from the child's home or awards wardship of the child to the department; and (2) is the first juvenile court order in the child in need of services proceeding that authorizes or approves removal of the child from the child's parent, guardian, or custodian; the juvenile court shall include in the decree the appropriate findings and conclusions described in IC 31-34-5-3(b) and IC 31-34-5-3(c). [Pre-1997 Recodification Citation: 31-6-4-15.4(a) part.] As added by P.L.1-1997, SEC.17. Amended by P.L.70-2004, SEC.21; P.L.145-2006, SEC.311; P.L.146-2006, SEC.50; P.L.52-2007, SEC.10; P.L.146-2008, SEC.602; P.L.104-2015, SEC.39; P.L.46-2016, SEC.14; P.L.183-2017, SEC.48; P.L.172-2022, SEC.9; P.L.179-2025, SEC.16.

Ind. Code § 31-34-20-1.5 Placement in household with certain individuals prohibited; criminal history checks; exceptions; considerations

Note: This version of section amended by P.L.145-2026, SEC.207. See also following version of this section amended by P.L.158-2026, SEC.28. Sec. 1.5. (a) Except as provided in subsection (d), the juvenile court may not enter a dispositional decree approving or ordering placement of a child in another home under section 1(a)(3) of this chapter or awarding wardship to the department that will place the child in another home under section 1(a)(4) of this chapter if a person who is currently residing in the home in which the child would be placed under section 1(a)(3) or 1(a)(4) of this chapter has committed an act resulting in a substantiated report of child abuse or neglect, has a juvenile adjudication for an act that would be a nonwaivable offense, as defined in IC 31-9-2.1-168 if committed by an adult, or has a conviction for a nonwaivable offense, as defined in IC 31-9-2.1-168. (b) The department or caseworker who prepared the predispositional report shall conduct a criminal history check (as defined in IC 31-9-2.1-58) to determine if a person described in subsection (a) has committed an act resulting in a substantiated report of child abuse or neglect, has a juvenile adjudication for an act that would be a nonwaivable offense, as defined in IC 31-9-2.1-168 if committed by an adult, or has a conviction for a nonwaivable offense, as defined in IC 31-9-2.1-168. However, the department or caseworker is not required to conduct a criminal history check under this section if criminal history information under IC 31-34-4-2 or IC 31-34-18-6.1 establishes whether a person described in subsection (a) has committed an act resulting in a substantiated report of child abuse or neglect, has a juvenile adjudication for an act that would be a nonwaivable offense, as defined in IC 31-9-2.1-168 if committed by an adult, or has a conviction for a nonwaivable offense, as defined in IC 31-9-2.1-168. (c) The department or caseworker is not required to conduct a criminal history check under this section if: (1) the department or caseworker is considering only an out-of-home placement to an entity or a facility that: (A) is not a residence (as defined in IC 3-5-2.1-90); or (B) is licensed by the state; or (2) placement under this section is undetermined at the time the predispositional report is prepared. (d) A juvenile court may enter a dispositional decree that approves placement of a child in another home or award wardship to the department that will place the child in a home with a person described in subsection (a) if: (1) the person described in subsection (a) has: (A) committed an act resulting in a substantiated report of child abuse or neglect; (B) been convicted of: (i) battery (IC 35-42-2-1); (ii) criminal recklessness (IC 35-42-2-2) as a felony; (iii) criminal confinement (IC 35-42-3-3) as a felony; (iv) arson (IC 35-43-1-1) as a felony; (v) nonsupport of a dependent child (IC 35-46-1-5); (vi) operating a motorboat while intoxicated (IC 35-46-9-6) as a felony; (vii) a felony involving a weapon under IC 35-47; (viii) a felony relating to controlled substances under IC 35-48-4; or (ix) a felony under IC 9-30-5; if the conviction did not occur within the past five (5) years; or (C) had a juvenile adjudication for a nonwaivable offense, as defined in IC 31-9-2.1-168 that, if committed by an adult, would be a felony; and (2) the person's commission of the offense, delinquent act, or act of abuse or neglect described in subdivision (1) is not relevant to the person's present ability to care for a child, and placing a child in another home or awarding wardship to the department is in the best interest of the child. However, a court may not enter a dispositional decree that approves placement of a child in another home or awards wardship to the department if the person has been convicted of a nonwaivable offense, as defined in IC 31-9-2.1-168 that is not specifically excluded under subdivision (1)(B). (e) In considering the placement under subsection (d), the court shall consider the following: (1) The length of time since the person committed the offense, delinquent act, or act that resulted in the substantiated report of abuse or neglect. (2) The severity of the offense, delinquent act, or abuse or neglect. (3) Evidence of the person's rehabilitation, including the person's cooperation with a treatment plan, if applicable. As added by P.L.70-2004, SEC.22. Amended by P.L.234-2005, SEC.183; P.L.145-2006, SEC.312; P.L.1-2007, SEC.207; P.L.146-2008, SEC.603; P.L.162-2011, SEC.50; P.L.128-2012, SEC.165; P.L.158-2013, SEC.322; P.L.65-2016, SEC.15; P.L.183-2017, SEC.49; P.L.243-2019, SEC.17; P.L.142-2020, SEC.44; P.L.186-2025, SEC.161; P.L.145-2026, SEC.207.

Ind. Code § 31-34-20-1.5 Placement in household with certain individuals prohibited; criminal history checks; exceptions; considerations

Note: This version of section amended by P.L.158-2026, SEC.28. See also preceding version of this section amended by P.L.145-2026, SEC.207. Sec. 1.5. (a) Except as provided in subsection (d), the juvenile court may not enter a dispositional decree approving or ordering placement of a child in another home under section 1(a)(3) of this chapter or awarding wardship to the department that will place the child in another home under section 1(a)(4) of this chapter if a person who is currently residing in the home in which the child would be placed under section 1(a)(3) or 1(a)(4) of this chapter has committed an act resulting in a substantiated report of child abuse or neglect, has a juvenile adjudication for an act that would be a nonwaivable offense, as defined in IC 31-9-2-84.8 if committed by an adult, or has a conviction for a nonwaivable offense, as defined in IC 31-9-2-84.8. (b) The department or caseworker who prepared the predispositional report shall conduct a criminal history check (as defined in IC 31-9-2-22.5) to determine if a person described in subsection (a) has committed an act resulting in a substantiated report of child abuse or neglect, has a juvenile adjudication for an act that would be a nonwaivable offense, as defined in IC 31-9-2-84.8 if committed by an adult, or has a conviction for a nonwaivable offense, as defined in IC 31-9-2-84.8. However, the department or caseworker is not required to conduct a criminal history check under this section if criminal history information under IC 31-34-4-2 or IC 31-34-18-6.1 establishes whether a person described in subsection (a) has committed an act resulting in a substantiated report of child abuse or neglect, has a juvenile adjudication for an act that would be a nonwaivable offense, as defined in IC 31-9-2-84.8 if committed by an adult, or has a conviction for a nonwaivable offense, as defined in IC 31-9-2-84.8. (c) The department or caseworker is not required to conduct a criminal history check under this section if: (1) the department or caseworker is considering only an out-of-home placement to an entity or a facility that: (A) is not a residence (as defined in IC 3-5-2.1-90); or (B) is licensed by the state; or (2) placement under this section is undetermined at the time the predispositional report is prepared. (d) A juvenile court may enter a dispositional decree that approves placement of a child in another home or award wardship to the department that will place the child in a home with a person described in subsection (a) if: (1) the person described in subsection (a) has: (A) committed an act resulting in a substantiated report of child abuse or neglect; (B) been convicted of: (i) battery (IC 35-42-2-1); (ii) criminal recklessness (IC 35-42-2-2) as a felony; (iii) criminal confinement (IC 35-42-3-3) as a felony; (iv) arson (IC 35-43-1-1) as a felony; (v) nonsupport of a dependent child (IC 35-46-1-5); (vi) operating a motorboat while intoxicated (IC 35-46-9-6) (before its repeal) as a felony; (vii) a felony involving a weapon under IC 35-47; (viii) a felony relating to controlled substances under IC 35-48-4; or (ix) a felony under IC 9-30-5; if the conviction did not occur within the past five (5) years; or (C) had a juvenile adjudication for a nonwaivable offense, as defined in IC 31-9-2-84.8 that, if committed by an adult, would be a felony; and (2) the person's commission of the offense, delinquent act, or act of abuse or neglect described in subdivision (1) is not relevant to the person's present ability to care for a child, and placing a child in another home or awarding wardship to the department is in the best interest of the child. However, a court may not enter a dispositional decree that approves placement of a child in another home or awards wardship to the department if the person has been convicted of a nonwaivable offense, as defined in IC 31-9-2-84.8 that is not specifically excluded under subdivision (1)(B). (e) In considering the placement under subsection (d), the court shall consider the following: (1) The length of time since the person committed the offense, delinquent act, or act that resulted in the substantiated report of abuse or neglect. (2) The severity of the offense, delinquent act, or abuse or neglect. (3) Evidence of the person's rehabilitation, including the person's cooperation with a treatment plan, if applicable. As added by P.L.70-2004, SEC.22. Amended by P.L.234-2005, SEC.183; P.L.145-2006, SEC.312; P.L.1-2007, SEC.207; P.L.146-2008, SEC.603; P.L.162-2011, SEC.50; P.L.128-2012, SEC.165; P.L.158-2013, SEC.322; P.L.65-2016, SEC.15; P.L.183-2017, SEC.49; P.L.243-2019, SEC.17; P.L.142-2020, SEC.44; P.L.186-2025, SEC.161; P.L.158-2026, SEC.28.

Ind. Code § 31-34-20-1.6 Limitation on provision of reunification services to parent, guardian, or custodian of child alleged to be in need of services

Sec. 1.6. (a) This section applies to a parent, guardian, or custodian of a child: (1) who is the subject of a proceeding regarding a petition alleging that the child is a child in need of services, regardless of whether: (A) the child is removed from the care or custody of the parent, guardian, or custodian; or (B) the child, if removed, is returned to the care or custody of the parent, guardian, or custodian; at any time before or after the entry of a dispositional decree in the proceeding; and (2) who has been: (A) ordered by the court in the proceeding; or (B) directed by the department; to complete reunification services. (b) Except as provided in subsections (c) and (d), the court in a proceeding regarding a petition alleging that a child is a child in need of services may not provide for a child's parent, guardian, or custodian to receive reunification services for more than: (1) if the child in need of services petition is filed after June 30, 2025, and before July 1, 2026, fifteen (15) months; or (2) if the child in need of services petition is filed after June 30, 2026, twelve (12) months; after the date on which the petition is filed. (c) A court may extend the provision of reunification services to a child's parent, guardian, or custodian for: (1) a period of not more than ninety (90) days if the court finds after an evidentiary hearing that: (A) the parent, guardian, or custodian has substantially complied with the child's dispositional decree; and (B) the extension is in the child's best interests; and (2) an additional period of not more than ninety (90) days following an extension under subdivision (1) if the court: (A) finds after an evidentiary hearing, by clear and convincing evidence, that: (i) the parent, guardian, or custodian has substantially complied with the child's dispositional decree; and (ii) the extension is in the child's best interests; and (B) includes in the order for the extension: (i) the facts upon which the court based the court's findings under clause (A); and (ii) the time period within which it is likely that reunification of the child with the parent will occur. (d) A court may extend the provision of reunification services to a child's parent, guardian, or custodian if the court finds after an evidentiary hearing that the child's parent, guardian, or custodian, by no fault of the parent, guardian, or custodian, was not afforded an adequate opportunity to substantially participate in the reunification services. (e) The following are not a basis for an extension under subsection (c) or (d): (1) Delay or failure by the parent, guardian, or custodian to establish paternity or seek custody of the child. (2) Failure of the parent, guardian, or custodian to substantially participate in the reunification services due to the conduct of the parent, guardian, or custodian. (f) In determining whether to extend the provision of reunification services to a child's parent under subsection (c) or (d), a court shall take into consideration the status of any minor siblings of the child. As added by P.L.179-2025, SEC.17. Amended by P.L.84-2026, SEC.16.

Ind. Code § 31-34-20-2 Dispositional decree that includes no contact order; protective order depository; confidential form

Sec. 2. If a court enters a dispositional decree that includes a no contact order under section 1(a)(7) of this chapter: (1) the clerk of the court that enters a dispositional decree that includes a no contact order under section 1(a)(7) of this chapter shall comply with IC 5-2-9; and (2) the petitioner shall file a confidential form prescribed or approved by the office of judicial administration with the clerk. [Pre-1997 Recodification Citation: 31-6-4-15.4(b) part.] As added by P.L.1-1997, SEC.17. Amended by P.L.133-2002, SEC.34; P.L.85-2017, SEC.103; P.L.156-2020, SEC.117.

Ind. Code § 31-34-20-3 Order for participation by parent, guardian, or custodian in program of care, treatment, or rehabilitation for child; failure to participate

Sec. 3. (a) If the juvenile court determines that a parent, guardian, or custodian should participate in a program of care, treatment, or rehabilitation for the child, the court may order the parent, guardian, or custodian to do the following: (1) Obtain assistance in fulfilling the obligations as a parent, guardian, or custodian. (2) Provide specified care, treatment, or supervision for the child. (3) Work with a person providing care, treatment, or rehabilitation for the child. (4) Participate in a program operated by or through the department of correction. (5) Participate in a mental health or addiction treatment program. (b) If a dispositional decree requires a parent to participate in a program of care, treatment, or rehabilitation described in subsection (a), the juvenile court shall advise the parent that failure to participate as required by an order under this chapter, or a modified order under IC 31-34-23, can lead to the termination of the parent-child relationship under IC 31-35. [Pre-1997 Recodification Citation: 31-6-4-15.8 part.] As added by P.L.1-1997, SEC.17. Amended by P.L.183-2017, SEC.50; P.L.172-2022, SEC.10.

Ind. Code § 31-34-20-4 Decrees limiting contact with child; copies to parties and law enforcement agencies

Sec. 4. (a) The clerk of the court that enters a dispositional decree under this chapter that requires a person to refrain from direct or indirect contact with a child shall provide a copy of the decree to the following: (1) Each party. (2) The sheriff. (3) The law enforcement agency of the municipality, if any, in which the child resides. (b) Each sheriff and law enforcement agency that receives a decree under subsection (a) shall maintain a copy of the decree in the depository established by IC 5-2-9. The decree may be removed from the depository after the later of the following occurs: (1) The lapse of one (1) year after the decree is entered. (2) The date specified in the decree if any. [Pre-1997 Recodification Citation: 31-6-4-16.1 part.] As added by P.L.1-1997, SEC.17.

Ind. Code § 31-34-20-5 Determination and reporting of legal settlement of child

Sec. 5. (a) This section applies if the department or a juvenile court: (1) places a child; (2) changes the placement of a child; or (3) reviews the implementation of a decree under IC 31-34-21 of a child placed; in a state licensed private or public health care facility, child care facility, foster family home, or the home of a relative or other unlicensed caretaker. (b) The juvenile court shall do the following: (1) Make findings of fact concerning the legal settlement of the child. (2) Apply IC 20-26-11-2(a)(1) through IC 20-26-11-2(a)(8) to determine where the child has legal settlement. (3) Include the findings of fact required by this section in: (A) the dispositional order; (B) the modification order; or (C) the other decree; making or changing the placement of the child. (c) The juvenile court may determine that the legal settlement of the child is in the school corporation in which the child will attend school under IC 20-26-11-8(d). (d) The juvenile court shall comply with the reporting requirements under IC 20-26-11-9 concerning the legal settlement of the child. (e) The department or a juvenile court may place a child in a public school, regardless of whether the public school has a waiting list for admissions, if the department or juvenile court determines that the school's program meets the child's educational needs and the school agrees to the placement. A placement under this subsection does not affect the legal settlement of the child. [Pre-1997 Recodification Citation: 31-6-4-18.5(b) part, (d) part.] As added by P.L.1-1997, SEC.17. Amended by P.L.1-2005, SEC.205; P.L.13-2006, SEC.5; P.L.159-2007, SEC.5; P.L.146-2008, SEC.604; P.L.65-2012, SEC.6; P.L.160-2012, SEC.57; P.L.38-2020, SEC.13.

Ind. Code § 31-34-20-6 Emancipation of child; findings; terms

Sec. 6. (a) The juvenile court for the county in which a child resides may emancipate the child under section 1(a)(5) of this chapter upon a petition brought by the child. (b) The court in which a petition is filed under subsection (a) shall appoint an attorney to serve as guardian ad litem for the child. The guardian ad litem shall investigate the statements contained in the petition and file a report of the investigation with the court. (c) After receiving the report of the guardian ad litem under subsection (b) and holding a hearing, the court may grant the petition if the court finds: (1) that emancipation is in the child's best interests; and (2) that the child: (A) wishes to be free from parental control and protection and no longer needs that control and protection; (B) has sufficient money for the child's own support; (C) understands the consequences of being free from parental control and protection; and (D) has an acceptable plan for independent living. (d) If the juvenile court completely emancipates the child, the child has all the rights and responsibilities of an adult. If the juvenile court partially emancipates the child, the court shall specify the terms of the emancipation, which may include the following: (1) Suspension of the parent's or guardian's duty to support the child. In this case, the judgment of emancipation supersedes the support order of a court. (2) Suspension of the following: (A) The parent's or guardian's right to the control or custody of the child. (B) The parent's right to the child's earnings. (3) Empowering the child to consent to military enlistment. (4) Empowering the child to consent to: (A) medical; (B) psychological; (C) psychiatric; (D) educational; or (E) social; services. (5) Empowering the child to contract. (6) Empowering the child to own property. (e) An emancipated child remains subject to the following: (1) IC 20-33-2 concerning compulsory school attendance. (2) The continuing jurisdiction of the court. (3) IC 31-11-1-4 concerning minimum age for marriage. (4) Other specific constitutional and statutory age requirements applicable to the emancipated child because of the emancipated child's age, including requirements regarding voting, use of alcoholic beverages or tobacco products, and other health and safety regulations. [Pre-1997 Recodification Citation: 31-6-4-15.7 part.] As added by P.L.1-1997, SEC.17. Amended by P.L.1-2005, SEC.206; P.L.85-2017, SEC.104; P.L.94-2020, SEC.12.

Ind. Code § 31-34-20-7 Provision of information by department of child services

Sec. 7. If the department receives information, including positive results of a drug or alcohol screen, that indicates that a parent, guardian, or custodian may have violated a dispositional order of the court, the department shall provide the information to the court to be made part of the court record in the child in need of services proceeding. As added by P.L.105-2018, SEC.2.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/31Fetched: 10/17/2026