IC 31-12-2
    Chapter 2. Establishment of Domestic Relations CounselingBureau in Certain Counties; Provision of Counseling Services

IC 31-12-2-1
Application of law
    Sec. 1. This chapter applies only to the following:
        (1) A judicial circuit in which there is located a consolidatedcity and the judges of the superior court and the judge of thecircuit court determine that the social conditions in the countyand the number of domestic relations cases in the courts makethe procedures provided under this chapter necessary for thefull and proper consideration of the cases and the effectuationof the purposes of this chapter.
        (2) A county having a population of more than four hundredthousand (400,000) but less than seven hundred thousand(700,000) in which the judge of the circuit court determines thatthe social conditions in the county and the number of domesticrelations cases in the county's courts make the proceduresprovided under this chapter necessary for the full and properconsideration of the cases and the effectuation of the purposesof this chapter.
As added by P.L.1-1997, SEC.4.

IC 31-12-2-2
Creation
    Sec. 2. For:
        (1) any judicial circuit in which there is located a consolidatedcity, the judges described in section 1(1) of this chapter mayestablish a bureau of the courts; and
        (2) a county having a population of more than four hundredthousand (400,000) but less than seven hundred thousand(700,000), the judge of the circuit court may establish a bureauof the court;
known as the "Domestic Relations Counseling Bureau".
As added by P.L.1-1997, SEC.4.

IC 31-12-2-3
Order compelling party to cooperate in counseling services
    Sec. 3. A judge may order either or both parties in a domesticrelations proceeding to:
        (1) report to the domestic relations bureau;
        (2) cooperate in counseling; and
        (3) furnish the counselor with pertinent information in a party'sknowledge.
As added by P.L.1-1997, SEC.4.

IC 31-12-2-4
Actions and proceedings in which counseling services shall beprovided; referrals    Sec. 4. (a) A domestic relations counseling bureau shall providecounseling service to the parties in separation, dissolution, orannulment actions, including enforcement, modification, andpost-decree proceedings that are:
        (1) filed in a court; and
        (2) referred to the bureau by a judge with the intent to assist ina reconciliation of the parties, in the care and treatment ofchildren, if any, and in the possible solution of any marriageproblems or issues in a proceeding, in promotion of the generalwelfare.
    (b) The bureau may receive cases referred to the bureau byattorneys at law, the ministry, or other agencies before a divorceaction is filed, and counsel other married couples who seek thebureau's services of their own volition.
As added by P.L.1-1997, SEC.4.

IC 31-12-2-5
Appointment of referees, counselors, assistants, clerks, and otherpersonnel; compensation; expenses
    Sec. 5. (a) The judges described in section 1(1) of this chapter andthe judge described in section 1(2) of this chapter may appoint:
        (1) one (1) or more professionally qualified domestic relationsreferees, counselors, and other necessary personnel, includinga full-time director; and
        (2) necessary assistants and clerks;
to serve during the pleasure of the appointing judge to staff thedomestic relations counseling bureau.
    (b) The appointing judge shall fix the compensation and expensesof the personnel appointed under this chapter, which shall be paidout of the county general fund.
As added by P.L.1-1997, SEC.4.

IC 31-12-2-6
Duties of bureau
    Sec. 6. The domestic relations counseling bureau shall performthe following duties in domestic relations cases and such other dutiesas the judges described in section 1(1) of this chapter, the judgedescribed in section 1(2) of this chapter, or a magistrate assigns tothe domestic relations counseling bureau:
        (1) The domestic relations counseling bureau shall promptlyreceive all requests for counseling services for the purpose ofdisposing of the requests under this chapter.
        (2) Whenever a proceeding is initiated and either party requestscounseling or mediation, the domestic relations counselingbureau shall, in the bureau's discretion, interview and counseleach party or confer with both parties jointly for the purpose ofreconciling the differences between the parties and makingrecommendations to the judge of any court upon referral.
        (3) In each case assigned to the bureau in which the custody,support, or welfare of a child is involved, to protect and

conserve the interest of the child, the domestic relationscounseling bureau shall investigate and report upon:
            (A) the status and condition of the parties to the cause;
            (B) the status and condition of the child;
            (C) the provisions made or to be made for the protection ofthe welfare of the child; and
            (D) any other matter pertaining to the marriage that mayaffect the welfare of the child.
        (4) Upon order of the judges described in section 1(1) of thischapter or the judge described in section 1(2) of this chapter,the domestic relations counseling bureau shall:
            (A) make post-divorce studies of problems arising inconnection with child custody, support, and parenting time;
            (B) provide assistance to the parties in the enforcement ofsupport orders; and
            (C) cause reports to be made and statistics to be compiled,which records and reports shall be kept as the judgesdescribed in section 1(1) of this chapter or the judgedescribed in section 1(2) of this chapter directs.
        (5) The domestic relations counseling bureau shall providesupervision in connection with referred cases or other cases asthe judges described in section 1(1) of this chapter or the judgedescribed in section 1(2) of this chapter may order.
As added by P.L.1-1997, SEC.4. Amended by P.L.68-2005, SEC.10.

IC 31-12-2-7
Counseling service not condonation of acts constituting grounds fordivorce or dissolution of marriage
    Sec. 7. The:
        (1) use of counseling service provided under this chapter; and
        (2) action taken that has been recommended by the domesticrelations counselor;
is not condonation on the part of either spouse of acts that mayconstitute grounds for divorce or dissolution of the marriage.
As added by P.L.1-1997, SEC.4.

IC 31-12-2-8
Private counseling proceedings; confidential communications
    Sec. 8. (a) All counseling:
        (1) proceedings;
        (2) interviews; and
        (3) conferences;
shall be held in private.
    (b) All communications, verbal or written, and any record madeas a result of the communications from the parties to the judge, thedomestic relations counselor, or other person designated orrecommended under this chapter in a counseling or conciliationproceeding:
        (1) are considered to be made in confidence; and
        (2) are not admissible and may not be used for any purpose in:            (A) any divorce or dissolution of marriage hearing; or
            (B) any other proceeding.
As added by P.L.1-1997, SEC.4.

IC 31-12-2-9
Majority decision of judges
    Sec. 9. The judges in carrying out this chapter must act by amajority of all their number.
As added by P.L.1-1997, SEC.4.

IC 31-12-2-10
Rules; special orders
    Sec. 10. The judges described in section 1(1) of this chapter andthe judge described in section 1(2) of this chapter shall establishuniform rules if applicable and may make special orders and rules asnecessary.
As added by P.L.1-1997, SEC.4.

IC 31-12-2-11
Gifts and donations
    Sec. 11. The domestic relations counseling bureau may receivegifts and donations from private sources under approval of the judgesor the judge to supplement the bureau's budget.
As added by P.L.1-1997, SEC.4.

IC 31-12-2-12
Incorporation of records and property of marriage counselingservice into bureau's service
    Sec. 12. In a circuit or county that has a marriage counselingservice paid for by private money and supervised by a court, thedomestic relations counseling bureau may receive all records andproperty of the existing service and incorporate the records andproperty into the bureau's service.
As added by P.L.1-1997, SEC.4.