Ind. Code ch. 2-5-36

Ind. Code ch. 2-5-36
in effect

Ind. Code § 2-5-36-1 Definitions

Sec. 1. The following definitions apply throughout this chapter: (1) "Commission" refers to the commission on improving the status of children in Indiana established by section 3 of this chapter. (2) "Vulnerable youth" means a child served by: (A) the department of child services; (B) the office of the secretary of family and social services; (C) the department of correction; or (D) a juvenile probation department. As added by P.L.119-2013, SEC.1.

Ind. Code § 2-5-36-2 "State agency"

Sec. 2. As used in this chapter, "state agency" has the meaning set forth in IC 4-6-3-1. As added by P.L.119-2013, SEC.1.

Ind. Code § 2-5-36-3 Commission established

Sec. 3. The commission on improving the status of children in Indiana is established. As added by P.L.119-2013, SEC.1.

Ind. Code § 2-5-36-4 Membership of commission

Sec. 4. The commission consists of twenty (20) members as follows: (1) One (1) legislative member appointed by the speaker of the house of representatives. (2) One (1) legislative member appointed by the minority leader of the house of representatives. (3) One (1) legislative member appointed by the president pro tempore of the senate. (4) One (1) legislative member appointed by the minority leader of the senate. (5) The secretary of education. (6) The director of the department of child services. (7) One (1) judge or justice with experience in juvenile law appointed by the chief justice of Indiana to serve on the commission for a period of four (4) years. (8) The executive director of the prosecuting attorneys council of Indiana. (9) The executive director of the public defender council of Indiana. (10) The secretary of family and social services. (11) The state health commissioner. (12) The director of the department of correction division of youth services. (13) One (1) representative of the juvenile probation system, appointed by the chief justice of Indiana for a period of four (4) years. (14) The director of the office of management and budget, or the director of the state budget agency, as selected by the governor. (15) A member of the governor's staff, to be appointed by the governor. (16) The chief administrative officer of the office of judicial administration. (17) The director of the division of mental health and addiction. (18) The attorney general, who shall serve as a nonvoting member. (19) Two (2) members, each of whom: (A) is at least eighteen (18) but less than thirty (30) years of age; and (B) has been a vulnerable youth for a period of at least one (1) year after the member became ten (10) years of age; appointed by the chairperson of the commission for a term of two (2) years. As added by P.L.119-2013, SEC.1. Amended by P.L.161-2018, SEC.2; P.L.43-2021, SEC.3; P.L.62-2021, SEC.1; P.L.137-2021, SEC.15.

Ind. Code § 2-5-36-5 Chairperson; agenda

Sec. 5. (a) The judge or justice appointed under section 4(7) of this chapter shall serve as the chairperson of the commission in calendar year 2013 and every third year thereafter. (b) The chairperson of the legislative council shall designate one (1) legislative member of the commission to serve as the chairperson of the commission in calendar year 2014 and every third year thereafter. (c) The member of the governor's staff appointed under section 4(15) of this chapter shall serve as the chairperson of the commission in calendar year 2015 and every third year thereafter. (d) The chairperson shall determine the agenda for the commission. As added by P.L.119-2013, SEC.1.

Ind. Code § 2-5-36-6 Removal of legislative member; vacancy

Sec. 6. (a) A legislative member of the commission may be removed at any time by the appointing authority who appointed the legislative member. (b) If a vacancy exists on the commission, the appointing authority who appointed the former member whose position has become vacant shall appoint an individual to fill the vacancy. As added by P.L.119-2013, SEC.1.

Ind. Code § 2-5-36-7 Per diem, mileage, and travel expenses

Sec. 7. Each member of the commission is entitled to receive the same per diem, mileage, and travel allowances paid to individuals who serve as legislative and lay members, respectively, of interim study committees established by the legislative council. As added by P.L.119-2013, SEC.1.

Ind. Code § 2-5-36-8 Voting requirements

Sec. 8. The affirmative votes of a majority of the voting members appointed to the commission are required for the commission to take action on any measure, including final reports and the appointment of an executive director. As added by P.L.119-2013, SEC.1. Amended by P.L.13-2017, SEC.1; P.L.62-2021, SEC.2.

Ind. Code § 2-5-36-9 Duties of the commission

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. Sec. 9. The commission shall do the following: (1) Study and evaluate the following: (A) Access to services for vulnerable youth. (B) Availability of services for vulnerable youth. (C) Duplication of services for vulnerable youth. (D) Funding of services available for vulnerable youth. (E) Barriers to service for vulnerable youth. (F) Communication and cooperation by agencies concerning vulnerable youth. (G) Implementation of programs or laws concerning vulnerable youth. (H) The consolidation of existing entities that serve vulnerable youth. (I) Data from state agencies relevant to evaluating progress, targeting efforts, and demonstrating outcomes. (J) Crimes of sexual violence against children. (K) The impact of social networking websites, cellular telephones and wireless communications devices, digital media, and new technology on crimes against children. (2) Review and make recommendations concerning pending legislation. (3) Promote information sharing concerning vulnerable youth across the state. (4) Promote best practices, policies, and programs. (5) Cooperate with: (A) other child focused commissions; (B) the judicial branch of government; (C) the executive branch of government; (D) stakeholders; and (E) members of the community. (6) Create and provide staff support to a statewide juvenile justice oversight body to carry out the following duties described in section 9.3 of this chapter: (A) Develop a plan to collect and report statewide juvenile justice data. (B) Establish procedures and policies related to the use of: (i) a validated risk screening tool and a validated risk and needs assessment tool; (ii) a detention tool to inform the use of secure detention; (iii) a plan to determine how information from the tools described in this clause is compiled and shared and with whom the information will be shared; and (iv) a plan to provide training to judicial officers on the implementation of the tools described in this clause. (C) Develop criteria for the use of diagnostic assessments as described in IC 31-37-19-11.7. (D) Develop a statewide plan to address the provision of broader behavioral health services to children in the juvenile justice system. (E) Develop a plan for the provision of transitional services for a child who is a ward of the department of correction as described in IC 31-37-19-11.5. (F) Develop a plan for grant programs described in section 9.3 of this chapter. The initial appointments and designations to the statewide juvenile justice oversight body described in this subdivision shall be made not later than May 31, 2022. The chief justice of the supreme court shall designate the chair of the statewide juvenile justice oversight body and shall make the initial appointments and designations to the statewide juvenile justice oversight body, which may incorporate members of an existing committee or subcommittee formed under the commission. The initial meeting of the oversight body shall be held not later than July 1, 2022. (7) Create and provide staff support to a statewide youth, family, and caregiver engagement initiative to carry out the following duties: (A) Provide staff support and funding for commission activities provided by a: (i) youth member of the commission appointed under section 4 of this chapter; or (ii) youth, family, or caregiver member of a commission committee, task force, or subcommittee who has been appointed as a community member. (B) Develop a statewide plan to support, encourage, and expand the engagement of youth, families, and caregivers in state policymaking impacting youth and children. (C) Provide and support educational: (i) opportunities; (ii) convenings; and (iii) experiences; that facilitate increased youth, family, and caregiver participation. (D) Support the efforts of other state agencies and community organizations that seek to support, encourage, and expand the engagement of youth, families, and caregivers in policy decisions impacting youth and children. (E) Solicit direct feedback from youth, families, and caregivers to inform commission recommendations concerning: (i) points of complexity and inefficiency in child serving systems; (ii) duplication of services and potential points of consolidation; and (iii) improving time to permanency and reducing the trauma of systems involvement. (8) Submit a report not later than September 1 of each year regarding the commission's work during the previous year. The report shall be submitted to the legislative council, the governor, and the chief justice of Indiana. The report to the legislative council must be in an electronic format under IC 5-14-6. As added by P.L.119-2013, SEC.1. Amended by P.L.156-2014, SEC.1; P.L.88-2016, SEC.1; P.L.13-2017, SEC.2; P.L.144-2018, SEC.1; P.L.103-2019, SEC.1; P.L.101-2022, SEC.1; P.L.9-2024, SEC.8; P.L.221-2025, SEC.1.

Ind. Code § 2-5-36-9 Duties of the commission

Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027. Sec. 9. The commission shall do the following: (1) Study and evaluate the following: (A) Access to services for vulnerable youth. (B) Availability of services for vulnerable youth. (C) Duplication of services for vulnerable youth. (D) Funding of services available for vulnerable youth. (E) Barriers to service for vulnerable youth. (F) Communication and cooperation by agencies concerning vulnerable youth. (G) Implementation of programs or laws concerning vulnerable youth. (H) The consolidation of existing entities that serve vulnerable youth. (I) Data from state agencies relevant to evaluating progress, targeting efforts, and demonstrating outcomes. (J) Crimes of sexual violence against children. (K) The impact of social networking websites, cellular telephones and wireless communications devices, digital media, and new technology on crimes against children. (2) Review and make recommendations concerning pending legislation. (3) Promote information sharing concerning vulnerable youth across the state. (4) Promote best practices, policies, and programs. (5) Cooperate with: (A) other child focused commissions; (B) the judicial branch of government; (C) the executive branch of government; (D) stakeholders; and (E) members of the community. (6) Create and provide staff support to a statewide juvenile justice oversight body to carry out the following duties described in section 9.3 of this chapter: (A) Develop a plan to collect and report statewide juvenile justice data. (B) Establish procedures and policies related to the use of: (i) a validated risk screening tool and a validated risk and needs assessment tool; (ii) a detention tool to inform the use of secure detention; (iii) a plan to determine how information from the tools described in this clause is compiled and shared and with whom the information will be shared; and (iv) a plan to provide training to judicial officers on the implementation of the tools described in this clause. (C) Develop criteria for the use of diagnostic assessments as described in IC 31-37-19-11.7. (D) Develop a statewide plan to address the provision of broader behavioral health services to children in the juvenile justice system. (E) Develop a plan for the provision of transitional services for a child who is a ward of the department of correction as described in IC 31-37-19-11.5. (F) Develop a plan for grant programs described in section 9.3 of this chapter. The initial appointments and designations to the statewide juvenile justice oversight body described in this subdivision shall be made not later than May 31, 2022. The chief justice of the supreme court shall designate the chair of the statewide juvenile justice oversight body and shall make the initial appointments and designations to the statewide juvenile justice oversight body, which may incorporate members of an existing committee or subcommittee formed under the commission. The initial meeting of the oversight body shall be held not later than July 1, 2022. (7) Create and provide staff support to a statewide youth, family, and caregiver engagement initiative to carry out the following duties: (A) Provide staff support and funding for commission activities provided by a: (i) youth member of the commission appointed under section 4 of this chapter; or (ii) youth, family, or caregiver member of a commission committee, task force, or subcommittee who has been appointed as a community member. (B) Develop a statewide plan to support, encourage, and expand the engagement of youth, families, and caregivers in state policymaking impacting youth and children. (C) Provide and support educational: (i) opportunities; (ii) convenings; and (iii) experiences; that facilitate increased youth, family, and caregiver participation. (D) Support the efforts of other state agencies and community organizations that seek to support, encourage, and expand the engagement of youth, families, and caregivers in policy decisions impacting youth and children. (E) Solicit direct feedback from youth, families, and caregivers to inform commission recommendations concerning: (i) points of complexity and inefficiency in child serving systems; (ii) duplication of services and potential points of consolidation; and (iii) improving time to permanency and reducing the trauma of systems involvement. (8) Submit a report not later than September 1 of each year regarding the commission's work during the previous year. The report shall be submitted to the legislative council, the governor, and the chief justice of Indiana. The report to the legislative council must be in an electronic format under IC 5-14-6. (9) Perform the duties of the commission set forth in IC 31-26-4. As added by P.L.119-2013, SEC.1. Amended by P.L.156-2014, SEC.1; P.L.88-2016, SEC.1; P.L.13-2017, SEC.2; P.L.144-2018, SEC.1; P.L.103-2019, SEC.1; P.L.101-2022, SEC.1; P.L.9-2024, SEC.8; P.L.221-2025, SEC.1; P.L.152-2026, SEC.2.

Ind. Code § 2-5-36-9.3 Statewide juvenile justice oversight body

Sec. 9.3. (a) In addition to the duties prescribed to the commission under section 9 of this chapter, the commission shall form and establish a statewide juvenile justice oversight body that will oversee implementation of the assigned duties described in this section. (b) Not later than July 1, 2023, the statewide juvenile justice oversight body shall develop a plan to collect and report statewide juvenile justice data. The plan shall be submitted to the commission and the legislative council in an electronic format under IC 5-14-6. The plan shall include the following: (1) Provide goals for the collection of juvenile justice data. (2) Create shared definitions concerning juvenile justice data. (3) Set standard protocols and procedures for data collection and quality assurance, including a plan to track data across the juvenile justice continuum. (4) Establish a minimum set of performance and data measures that counties shall collect and report annually, including equity measures. (5) Establish how data should be reported and to whom. (6) Establish a research agenda to evaluate the effectiveness of interventions. (7) Determine the costs of collecting and reporting data described in this subsection. (c) Not later than July 1, 2023, the statewide juvenile justice oversight body shall do the following: (1) Review and establish statewide procedures, policies, and an implementation plan related to the use of: (A) a validated risk screening tool to inform statewide diversion decisions; (B) a validated risk and needs assessment tool to inform statewide dispositional decisions, especially the use of out-of-home placement; and (C) a detention tool to inform the initial and ongoing use of secure detention, while considering factors related to public safety and failure to appear for court. (2) Develop criteria for the use of diagnostic assessments as described in IC 31-37-19-11.7. (3) Develop a statewide plan to address the provision of broader behavioral health services to a child in the juvenile justice system. (4) Develop policies, protocols, and a statewide implementation plan to guide the provision of transitional services for a child who is the ward of the department of correction as described in IC 31-37-19-11.5. (5) Establish policies and protocols for research based pretrial diversion and informal adjustment programs and practices. (6) Any other activities as identified by the oversight body. (d) Not later than January 1, 2026, the statewide juvenile justice oversight body shall develop and submit a plan for grant programs described in IC 31-40-5 and IC 31-40-6 to the commission and the legislative council in an electronic format under IC 5-14-6. The oversight body shall determine: (1) the amount of money dedicated to each grant; (2) the funding formula, accounting for the needs of both more rural and more populated communities; (3) the required set of performance measures that counties receiving the grants must collect and report; and (4) the process to streamline and manage the entire grant life cycle for all programs described in IC 31-40-5 and IC 31-40-6. The planning process shall define the parameters of using the funds, with allowance for a proportion of the funding to be used for staffing, training, and administrative expenses to support the needs of rural communities with limited service capacity. (e) Following the development of the plans described in subsections (b), (c), and (d), the statewide juvenile justice oversight body shall support the implementation of the plans. The commission, the Indiana office of court services, and the office of judicial administration shall provide staff support to the statewide juvenile justice oversight body in the implementation of the plans. Implementation actions include the following: (1) Researching, identifying, and making recommendations regarding barriers to implementation, including systemic, legislative, and data collection related barriers. (2) Researching, identifying, and making recommendations regarding effective and ineffective interventions. (3) Researching, identifying, and making recommendations regarding the needs of rural communities with limited service capacity. (4) Supporting the juvenile diversion and juvenile community alternatives grant programs under IC 31-40-5 and the juvenile behavioral health competitive grant program under IC 31-40-6. (5) Supporting education and outreach with regard to the statewide procedures, protocols, policies, and processes identified in plans described in subsections (b), (c), and (d). (6) Partnering with the commission to integrate the expertise of youth, families, and caregivers with direct experience in the juvenile justice system into the statewide juvenile justice oversight body's research, identification of issues, and recommendations. (f) Not later than September 1 of each year, the statewide juvenile justice oversight body shall submit to the legislative council, the commission, and the chief justice of Indiana a report describing the implementation actions taken under subsection (e) during the preceding year. The report to the legislative council must be in an electronic format under IC 5-14-6. As added by P.L.101-2022, SEC.2. Amended by P.L.122-2025, SEC.1.

Ind. Code § 2-5-36-10 Requesting and receiving information

Sec. 10. The commission may do the following: (1) Request information or a presentation from an agency involved with vulnerable youth. (2) Request and review outcome data from an agency related to vulnerable youth. (3) Receive information from experts concerning vulnerable youth. As added by P.L.119-2013, SEC.1.

Ind. Code § 2-5-36-10.5 Executive director

Sec. 10.5. (a) The commission may appoint an individual to serve as executive director of the commission as provided by section 8 of this chapter. (b) The executive director shall perform the duties assigned to the executive director by the commission. (c) To serve as an executive director, an individual must, at a minimum, meet the following qualifications: (1) Possess a degree from a college or university (as defined in IC 21-7-13-10). (2) Have any other qualifications the commission considers necessary. (d) Compensation of the executive director shall be paid from the fund established by section 13 of this chapter. As added by P.L.13-2017, SEC.3. Amended by P.L.201-2023, SEC.48.

Ind. Code § 2-5-36-11 Staff support

Sec. 11. The office of judicial administration shall provide support staff for: (1) the commission; and (2) the executive director of the commission. As added by P.L.119-2013, SEC.1. Amended by P.L.13-2017, SEC.4; P.L.161-2018, SEC.3.

Ind. Code § 2-5-36-12 Expiration

Sec. 12. The commission and this chapter expire January 1, 2029. As added by P.L.53-2014, SEC.42. Amended by P.L.161-2018, SEC.4.

Ind. Code § 2-5-36-13 Commission on improving the status of children fund; purpose

Sec. 13. (a) The commission on improving the status of children fund is established to support the staffing and operations of the commission. (b) The fund consists of the following: (1) Appropriations from the state general fund. (2) Grants. (3) Donations. (c) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public funds may be invested. As added by P.L.201-2023, SEC.49.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/2Fetched: 10/17/2026

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