CHAPTER 2. DEFINITIONS
IC 31-9-2
Chapter 2. Definitions
IC 31-9-2-0.3
"Abandoned"
Sec. 0.3. "Abandoned", for purposes of the Uniform ChildCustody Jurisdiction Act under IC 31-21, has the meaning set forthin IC 31-21-2-2.
As added by P.L.138-2007, SEC.6.
IC 31-9-2-0.4
"Abandoned child"
Sec. 0.4. "Abandoned child", for purposes of IC 31-34-21-4 andIC 31-35-2-6.5, means a child who is, or who appears to be, not morethan forty-five (45) days of age and whose parent:
(1) has knowingly or intentionally left the child with anemergency medical services provider; and
(2) did not express an intent to return for the child.
As added by P.L.1-2009, SEC.154.
IC 31-9-2-0.5
"Abandoned infant"
Sec. 0.5. "Abandoned infant", for purposes of IC 31-34-21-5.6,means:
(1) a child who is less than twelve (12) months of age andwhose parent, guardian, or custodian has knowingly orintentionally left the child in:
(A) an environment that endangers the child's life or health;or
(B) a hospital or medical facility;
and has no reasonable plan to assume the care, custody, andcontrol of the child; or
(2) a child who is, or who appears to be, not more thanforty-five (45) days of age and whose parent:
(A) has knowingly or intentionally left the child with anemergency medical services provider; and
(B) did not express an intent to return for the child.
As added by P.L.35-1998, SEC.2. Amended by P.L.133-2000, SEC.1;P.L.217-2001, SEC.2; P.L.1-2009, SEC.155.
IC 31-9-2-0.7
"Account"
Sec. 0.7. (a) "Account", for purposes of IC 31-25-4, has themeaning set forth in IC 31-25-4-3.
(b) "Account", for purposes of IC 31-26-1, has the meaning setforth in IC 31-26-1-1.
As added by P.L.145-2006, SEC.170.
IC 31-9-2-0.8
"Active duty" Sec. 0.8. "Active duty", for purposes of IC 31-14-13-6.3 andIC 31-17-2-21.3, means full-time service in:
(1) the armed forces of the United States (as defined inIC 5-9-4-3); or
(2) the National Guard (as defined in IC 5-9-4-4);
for a period that exceeds thirty (30) consecutive days in a calendaryear.
As added by P.L.80-2010, SEC.21.
IC 31-9-2-1
"Actual notice"
Sec. 1. "Actual notice", for purposes of IC 31-19-3, means writtennotice that is actually received by the putative father.
As added by P.L.1-1997, SEC.1.
IC 31-9-2-2
"Adoptee"
Sec. 2. "Adoptee", for purposes of IC 31-19-17 throughIC 31-19-24, means a person who has been legally adopted.
As added by P.L.1-1997, SEC.1.
IC 31-9-2-3
"Adoption"
Sec. 3. "Adoption", for purposes of IC 31-19-17 throughIC 31-19-24, means the judicial act of creating the relationship ofparent and child where the relationship did not exist previously.
As added by P.L.1-1997, SEC.1.
IC 31-9-2-4
"Adoption assistance state"
Sec. 4. "Adoption assistance state", for purposes of the InterstateCompact on Adoption Assistance under IC 31-19-29, has themeaning set forth in IC 31-19-29-2.
As added by P.L.1-1997, SEC.1.
IC 31-9-2-5
"Adoption history"
Sec. 5. "Adoption history", for purposes of IC 31-19-17 throughIC 31-19-24, means:
(1) identifying information (as defined in section 54 of thischapter);
(2) the medical history (as defined in section 78 of this chapter);and
(3) nonidentifying information (as defined in section 84 of thischapter).
As added by P.L.1-1997, SEC.1.
IC 31-9-2-5.5
"Adoption subsidy"
Sec. 5.5. "Adoption subsidy", for purposes of IC 31-19-26.5, has
the meaning set forth in IC 31-19-26.5-1.
As added by P.L.146-2008, SEC.532.
IC 31-9-2-6
"Adoptive parent"
Sec. 6. "Adoptive parent", for purposes of IC 31-19-11 andIC 31-19-17 through IC 31-19-24, means an adult who has becomea parent of a child through adoption.
As added by P.L.1-1997, SEC.1. Amended by P.L.129-2005, SEC.1.
IC 31-9-2-7
"Adult"
Sec. 7. (a) "Adult", for purposes of IC 31-19-17 throughIC 31-19-24, means a person who is at least twenty-one (21) years ofage.
(b) "Adult", for purposes of the juvenile law, means a personother than a child.
As added by P.L.1-1997, SEC.1.
IC 31-9-2-8
"Advisory board"
Sec. 8. "Advisory board", for purposes of IC 31-31-9, refers to thejuvenile detention center advisory board described in IC 31-31-9.
As added by P.L.1-1997, SEC.1.
IC 31-9-2-9
"Alleged father"
Sec. 9. "Alleged father", for purposes of IC 31-14, means any manclaiming to be or charged with being a child's biological father.
As added by P.L.1-1997, SEC.1.
IC 31-9-2-9.3
"Applicant"
Sec. 9.3. (a) "Applicant", for purposes of IC 31-25-3, IC 31-25-4,IC 31-26-2, and IC 31-26-3.5, means a person who has applied forassistance for the applicant or another person.
(b) "Applicant", for purposes of IC 31-27, means a person whoseeks a license to operate a child caring institution, foster familyhome, group home, or child placing agency.
As added by P.L.145-2006, SEC.171. Amended by P.L.146-2008,SEC.533.
IC 31-9-2-9.5
"Appropriate public authorities"
Sec. 9.5. "Appropriate public authorities", for purposes ofIC 31-28-4, has the meaning set forth in IC 31-28-4-3.
As added by P.L.145-2006, SEC.172.
IC 31-9-2-9.6
"Assessment" Sec. 9.6. "Assessment", for purposes of IC 31-25 and IC 31-33,means an initial and ongoing investigation or evaluation thatincludes:
(1) a review and determination of the safety issues that affect achild and:
(A) a child's parents, guardians, or custodians; or
(B) another individual residing in the residence where thechild resides or is likely to reside;
(2) an identification of the underlying causes of the safetyissues described in subdivision (1);
(3) a determination whether child abuse, neglect, ormaltreatment occurred; and
(4) a determination of the needs of a child's family in order forthe child to:
(A) remain in the home safely;
(B) be returned to the home safely; or
(C) be placed in an alternative living arrangement.
As added by P.L.131-2009, SEC.6.
IC 31-9-2-9.7
"Assistance"
Sec. 9.7. "Assistance", for purposes of the following statutes,means money or services regardless of the source, paid or furnishedunder any of the following statutes:
(1) IC 31-25-3.
(2) IC 31-25-4.
(3) IC 31-26-2.
(4) IC 31-26-3.5.
As added by P.L.145-2006, SEC.173. Amended by P.L.146-2008,SEC.534.
IC 31-9-2-10
"Birth parent"
Sec. 10. "Birth parent", for purposes of IC 31-19-17 throughIC 31-19-24, means:
(1) the woman who is legally presumed under Indiana law to bethe mother of biological origin of an adoptee;
(2) the man who is legally presumed under Indiana law to be thefather of biological origin of an adoptee; or
(3) a man who establishes paternity of a child born out ofwedlock:
(A) in a court proceeding; or
(B) by executing a paternity affidavit under IC 16-37-2-2.1.
As added by P.L.1-1997, SEC.1. Amended by P.L.197-1997, SEC.1.
IC 31-9-2-10.3
"Blind"
Sec. 10.3. "Blind", for purposes of IC 31-25-3, IC 31-25-4,IC 31-26-2, IC 31-28-1, IC 31-28-2, and IC 31-28-3, means anindividual who has vision in the better eye with correcting glasses of
20/200 or less, or a disqualifying visual field defect as determinedupon examination by an ophthalmologist or optometrist who hasbeen designated to make such examinations by the county office andapproved by the department.
As added by P.L.145-2006, SEC.174. Amended by P.L.146-2008,SEC.535.
IC 31-9-2-10.6
"Board"
Sec. 10.6. (a) "Board", for purposes of IC 31-25-4, has themeaning set forth in IC 31-25-4-34(a).
(b) "Board", for purposes of IC 31-26-4, has the meaning set forthin IC 31-26-4-2.
As added by P.L.145-2006, SEC.175.
IC 31-9-2-10.8
"Bureau"
Sec. 10.8. "Bureau", for purposes of IC 31-16-15 and IC 31-25 hasthe meaning set forth in IC 31-25-4-1.
As added by P.L.145-2006, SEC.176. Amended by P.L.103-2007,SEC.10.
IC 31-9-2-11
"Caseworker"
Sec. 11. "Caseworker", for purposes of the juvenile law, means anemployee of the department of child services who is classified as afamily case manager.
As added by P.L.1-1997, SEC.1. Amended by P.L.146-2006, SEC.11.
IC 31-9-2-12
"Center"
Sec. 12. "Center", for purposes of IC 31-31-9, means any securejuvenile detention center that operates in a county containing aconsolidated city except for a center operated by the federalgovernment. The term includes a juvenile detention facility.
As added by P.L.1-1997, SEC.1.
IC 31-9-2-13
"Child"
Sec. 13. (a) "Child", for purposes of IC 31-15, IC 31-16(excluding IC 31-16-12.5), and IC 31-17, means a child or childrenof both parties to the marriage. The term includes the following:
(1) Children born out of wedlock to the parties.
(2) Children born or adopted during the marriage of the parties.
(b) "Child", for purposes of the Uniform Interstate Family SupportAct under IC 31-18, has the meaning set forth in IC 31-18-1-2.
(c) "Child", for purposes of IC 31-19-5, includes an unborn child.
(d) Except as otherwise provided in this section, "child", forpurposes of the juvenile law, means:
(1) a person who is less than eighteen (18) years of age; (2) a person:
(A) who is eighteen (18), nineteen (19), or twenty (20) yearsof age; and
(B) who either:
(i) is charged with a delinquent act committed before theperson's eighteenth birthday; or
(ii) has been adjudicated a child in need of services beforethe person's eighteenth birthday; or
(3) a person:
(A) who is alleged to have committed an act that would havebeen murder if committed by an adult;
(B) who was less than eighteen (18) years of age at the timeof the alleged act; and
(C) who is less than twenty-one (21) years of age.
(e) "Child", for purposes of IC 31-36-3, means a person who isless than eighteen (18) years of age.
(f) "Child", for purposes of the Interstate Compact on Juvenilesunder IC 31-37-23-1, has the meaning set forth in IC 31-37-23-1.
(g) "Child", for purposes of IC 31-16-12.5, means an individualto whom child support is owed under:
(1) a child support order issued under IC 31-14-10 orIC 31-16-6; or
(2) any other child support order that is enforceable underIC 31-16-12.5.
(h) "Child", for purposes of IC 31-27 and IC 31-32-5, means anindividual who is less than eighteen (18) years of age.
(i) "Child", for purposes of the Uniform Child CustodyJurisdiction Act under IC 31-21, has the meaning set forth inIC 31-21-2-3.
As added by P.L.1-1997, SEC.1. Amended by P.L.27-2004, SEC.1;P.L.145-2006, SEC.177; P.L.120-2007, SEC.1; P.L.138-2007,SEC.7; P.L.133-2008, SEC.4.
IC 31-9-2-14
"Child abuse or neglect"
Sec. 14. (a) "Child abuse or neglect", for purposes ofIC 31-32-11-1, IC 31-33, IC 31-34-7-4, and IC 31-39-8-4, refers to achild who is alleged to be a child in need of services as described inIC 31-34-1-1 through IC 31-34-1-5.
(b) For purposes of subsection (a), the term under subsection (a)does not refer to a child who is alleged to be a child in need ofservices if the child is alleged to be a victim of a sexual offenseunder IC 35-42-4-3 unless the alleged offense under IC 35-42-4-3involves the fondling or touching of the buttocks, genitals, or femalebreasts.
(c) "Child abuse or neglect", for purposes of IC 31-34-2.3, refersto acts or omissions by a person against a child as described inIC 31-34-1-1 through IC 31-34-1-9.
As added by P.L.1-1997, SEC.1. Amended by P.L.1-2006, SEC.496;P.L.52-2007, SEC.6.
IC 31-9-2-14.5
"Child at imminent risk of placement"
Sec. 14.5. "Child at imminent risk of placement", for purposes ofIC 31-26-5, has the meaning set forth in IC 31-26-5-1.
As added by P.L.145-2006, SEC.178.
IC 31-9-2-15
"Child born in wedlock"
Sec. 15. "Child born in wedlock", for purposes of IC 31-19-9,means a child born to:
(1) a woman; and
(2) a man who is presumed to be the child's father underIC 31-14-7-1(1) or IC 31-14-7-1(2) unless the presumption isrebutted.
As added by P.L.1-1997, SEC.1.
IC 31-9-2-16
"Child born out of wedlock"
Sec. 16. "Child born out of wedlock", for purposes of IC 31-19-3,IC 31-19-4-4, and IC 31-19-9, means a child who is born to:
(1) a woman; and
(2) a man who is not presumed to be the child's father underIC 31-14-7-1(1) or IC 31-14-7-1(2).
As added by P.L.1-1997, SEC.1.
IC 31-9-2-16.3
"Child care"
Sec. 16.3. "Child care", for purposes of IC 31-27, means a servicethat provides for the care, health, safety, and supervision of a child'ssocial, emotional, and educational growth.
As added by P.L.145-2006, SEC.179.
IC 31-9-2-16.4
"Child caregiver"
Sec. 16.4. "Child caregiver", for purposes of section 31 of thischapter, means a person who provides, or is responsible forproviding, care and supervision of a child (other than a child ofwhom the person is a parent, stepparent, grandparent, aunt, uncle,sibling, legal guardian or custodian with whom the person resides)at a residential property that is not the child's place of residence, ifthe person:
(1) is not required to be licensed as the operator of:
(A) a child care home under IC 12-17.2-5; or
(B) a foster family home under IC 31-27-4;
(2) provides care and supervision of a child while unattended bythe child's:
(A) parent;
(B) guardian; or
(C) custodian with whom the child resides; and
(3) receives more than two thousand dollars ($2,000) in annual
compensation for providing care and supervision of a child orchildren.
As added by P.L.124-2007, SEC.8.
IC 31-9-2-16.5
"Child care provider"
Sec. 16.5. "Child care provider", for purposes of IC 31-33-26, hasthe meaning set forth in IC 31-33-26-1.
As added by P.L.36-2001, SEC.1. Amended by P.L.138-2007, SEC.8.
IC 31-9-2-16.7
"Child caring institution"
Sec. 16.7. "Child caring institution", for purposes of IC 31-27,means:
(1) a residential facility that provides child care on atwenty-four (24) hour basis for more than ten (10) children; or
(2) a residential facility with a capacity of not more than ten(10) children that does not meet the residential structurerequirements of a group home.
As added by P.L.145-2006, SEC.180.
IC 31-9-2-16.8
"Child custody determination"
Sec. 16.8. "Child custody determination", for purposes of theUniform Child Custody Jurisdiction Act under IC 31-21, has themeaning set forth in IC 31-21-2-4.
As added by P.L.138-2007, SEC.9.
IC 31-9-2-16.9
"Child custody proceeding"
Sec. 16.9. "Child custody proceeding", for purposes of theUniform Child Custody Jurisdiction Act under IC 31-21, has themeaning set forth in IC 31-21-2-5.
As added by P.L.138-2007, SEC.10.
IC 31-9-2-17
"Child in need of services"
Sec. 17. "Child in need of services", for purposes of this title,refers to a child described in IC 31-34-1.
As added by P.L.1-1997, SEC.1. Amended by P.L.145-2006,SEC.181; P.L.146-2008, SEC.536.
IC 31-9-2-17.5
"Child placing agency"
Sec. 17.5. "Child placing agency", for purposes of IC 31-27,means a person that provides child welfare services to children andfamilies, including:
(1) home studies, investigation, and recommendation of familiesfor the purpose of placing, arranging, or causing the placementof children for adoption, foster care, or residential care; and (2) supervision of those placements.
As added by P.L.1-2007, SEC.189.
IC 31-9-2-17.8
"Child services"
Sec. 17.8. "Child services", for purposes of this title, means thefollowing:
(1) Services, other than services that are costs of securedetention, specifically provided by or on behalf of thedepartment for or on behalf of children who are:
(A) adjudicated to be:
(i) children in need of services under IC 31-34; or
(ii) delinquent children under IC 31-37;
(B) parties in a child in need of services case filed underIC 31-34 or in a delinquency case filed under IC 31-37before adjudication or entry of a dispositional decree;
(C) subject to temporary care or supervision by thedepartment under any applicable provision of IC 31-33,IC 31-34, or IC 31-37;
(D) recipients or beneficiaries of a program of informaladjustment approved under IC 31-34-8 or IC 31-37-9; or
(E) recipients or beneficiaries of:
(i) adoption assistance under Title IV-E of the federalSocial Security Act (42 U.S.C. 673), as amended;
(ii) adoption subsidies or assistance under IC 31-19-26.5;or
(iii) assistance, including emergency assistance or assistedguardianships, provided under Title IV-A of the federalSocial Security Act (42 U.S.C. 601 et seq.), as amended.
(2) Costs of using an institution or facility for providingeducational services to children described in subdivision (1)(A),under either IC 20-33-2-29 (if applicable) or IC 20-26-11-13 (ifapplicable).
(3) Assistance awarded by the department to a destitute childunder IC 31-26-2.
As added by P.L.146-2008, SEC.537.
IC 31-9-2-18
"Child support guidelines"
Sec. 18. "Child support guidelines", for purposes of IC 31-14-11-8and IC 31-16-8-1, refers to the guidelines adopted by the Indianasupreme court.
As added by P.L.1-1997, SEC.1.
IC 31-9-2-19
"Child support order"
Sec. 19. "Child support order", for purposes of the UniformInterstate Family Support Act under IC 31-18, has the meaning setforth in IC 31-18-1-3.
As added by P.L.1-1997, SEC.1.
IC 31-9-2-19.3
"Child welfare agency"
Sec. 19.3. "Child welfare agency", for purposes ofIC 31-25-2-20.4, means:
(1) the department of child services; and
(2) a person (as defined in IC 24-4-14-5) that, directly orindirectly, provides:
(A) services to a child or family of a child, for whichpayment is made, in whole or in part, by the department ofchild services or a local office of the department of childservices;
(B) services to:
(i) a child who is; or
(ii) a family with;
a child at imminent risk of placement (as defined inIC 31-26-5-1) who is referred by the department of childservices or a local office of the department of child servicesto the person for family support or family preservationservices; or
(C) assistance to or works in cooperation with thedepartment of child services in the investigations ofallegations of possible child abuse or neglect in accordancewith IC 31-33.
As added by P.L.138-2007, SEC.11.
IC 31-9-2-19.5
"Child welfare services"
Sec. 19.5. "Child welfare services", for purposes of this title,means services provided under a child welfare program.
As added by P.L.145-2006, SEC.182. Amended by P.L.146-2008,SEC.538.
IC 31-9-2-19.6
"Child welfare program"
Sec. 19.6. "Child welfare program", for purposes of this title, hasthe meaning set forth in IC 31-26-3.5-1.
As added by P.L.146-2008, SEC.539.
IC 31-9-2-20
"Child with a disability"
Sec. 20. "Child with a disability", for purposes of IC 31-34-1-9,means an individual who:
(1) is less than eighteen (18) years of age; and
(2) has a disability (as defined in IC 22-9-1-3(r)).
As added by P.L.1-1997, SEC.1.
IC 31-9-2-20.3
"Child with special needs"
Sec. 20.3. "Child with special needs", for purposes ofIC 31-19-26.5, has the meaning set forth in IC 31-19-26.5-2.As added by P.L.146-2008, SEC.540.
IC 31-9-2-20.5
"Commencement"
Sec. 20.5. "Commencement", for purposes of the Uniform ChildCustody Jurisdiction Act under IC 31-21, has the meaning set forthin IC 31-21-2-6.
As added by P.L.138-2007, SEC.12.
IC 31-9-2-21
Repealed
(Repealed by P.L.131-2009, SEC.76.)
IC 31-9-2-22
"Compact"
Sec. 22. "Compact", for purposes of IC 31-37-23, has the meaningset forth in IC 31-37-23-2.
As added by P.L.1-1997, SEC.1.
IC 31-9-2-22.5
"Conduct a criminal history check"
Sec. 22.5. "Conduct a criminal history check", for purposes ofIC 31-19, IC 31-26, IC 31-27, IC 31-33, IC 31-34, IC 31-37, andIC 31-39-2-13.5, means to:
(1) request the state police department to:
(A) release or allow inspection of a limited criminal history(as defined in IC 10-13-3-11) and juvenile history data (asdefined in IC 10-13-4-4) concerning a person who is at leastfourteen (14) years of age and who is:
(i) for purposes of IC 31-19, IC 31-26, IC 31-33, IC 31-34,and IC 31-37, currently residing in a location designatedby the department of child services or by a juvenile courtas the out-of-home placement for a child at the time thechild will reside in the location; or
(ii) for purposes of IC 31-27-4-5, a resident of theapplicant's household who is at least fourteen (14) years ofage; and
(B) conduct a:
(i) fingerprint based criminal history background check ofboth national and state records data bases concerning aperson who is at least eighteen (18) years of age inaccordance with IC 10-13-3-27 and IC 10-13-3-39; or
(ii) national name based criminal history record check (asdefined in IC 10-13-3-12.5) of a person who is at leasteighteen (18) years of age as described in clause (A) asprovided by IC 10-13-3-27.5;
(2) collect each substantiated report of child abuse or neglectreported in a jurisdiction where a probation officer, acaseworker, or the department of child services has reason tobelieve that a person described in subdivision (1)(A), or a
person for whom a fingerprint based criminal historybackground check is required under IC 31, resided within theprevious five (5) years; and
(3) request information concerning any substantiated report ofchild abuse or neglect relating to a person described insubdivision (1)(A) that is contained in a national registry ofsubstantiated cases of child abuse or neglect that is establishedand maintained by the United States Department of Health andHuman Services, to the extent that the information is accessibleunder 42 U.S.C. 16990 and any applicable regulations orpolicies of the Department of Health and Human Services.
As added by P.L.234-2005, SEC.81. Amended by P.L.145-2006,SEC.183; P.L.138-2007, SEC.13.
IC 31-9-2-23
Repealed
(Repealed by P.L.138-2007, SEC.93.)
IC 31-9-2-24
"Controlled substance"
Sec. 24. "Controlled substance", for purposes of the juvenile law,has the meaning set forth in IC 35-48-1.
As added by P.L.1-1997, SEC.1.
IC 31-9-2-24.5
"Costs of secure detention"
Sec. 24.5. "Costs of secure detention", for purposes of this title,has the meaning set forth in IC 31-40-1-1.5.
As added by P.L.146-2008, SEC.541.
IC 31-9-2-25
"Council"
Sec. 25. "Council", for purposes of IC 31-31-9, refers to thecity-county council of the consolidated city within the county.
As added by P.L.1-1997, SEC.1.
IC 31-9-2-26
"County office" or "county office of family and children"
Sec. 26. "County office" or "county office of family and children",for purposes of this title, refers to a local office of the department.
As added by P.L.1-1997, SEC.1. Amended by P.L.145-2006,SEC.184; P.L.138-2007, SEC.14; P.L.146-2008, SEC.542.
IC 31-9-2-27
"Court"
Sec. 27. (a) "Court", for purposes of IC 31-15, IC 31-16, andIC 31-17, means the circuit, superior, or other courts of Indiana uponwhich jurisdiction to enter dissolution decrees has been or may beconferred.
(b) "Court", for purposes of IC 31-16-15, refers to the court
having jurisdiction over child support orders.
(c) "Court", for purposes of IC 31-37-23, has the meaning setforth in IC 31-37-23-3.
(d) "Court", for purposes of the Interstate Compact on Juvenilesunder IC 31-37-23-1, has the meaning set forth in IC 31-37-23-1.
(e) "Court", for purposes of IC 31-27, means a circuit or superiorcourt.
(f) "Court", for purposes of the Uniform Child CustodyJurisdiction Act under IC 31-21, has the meaning set forth inIC 31-21-2-7.
As added by P.L.1-1997, SEC.1. Amended by P.L.145-2006,SEC.185; P.L.138-2007, SEC.15.
IC 31-9-2-28
"Court appointed special advocate"
Sec. 28. "Court appointed special advocate", for purposes ofIC 31-15-6, IC 31-17-6, IC 31-19-16, IC 31-19-16.5, IC 31-28-5, andthe juvenile law, means a community volunteer who:
(1) has completed a training program approved by the court;
(2) has been appointed by a court to represent and protect thebest interests of a child; and
(3) may research, examine, advocate, facilitate, and monitor achild's situation.
As added by P.L.1-1997, SEC.1. Amended by P.L.196-1997, SEC.1;P.L.14-2000, SEC.63; P.L.133-2008, SEC.5.
IC 31-9-2-29
"Crime"
Sec. 29. "Crime", for purposes of the juvenile law, means anoffense for which an adult might be imprisoned or incarcerated ifconvicted under the law of the jurisdiction in which the offense iscommitted.
As added by P.L.1-1997, SEC.1.
IC 31-9-2-29.5
"Crime involving domestic or family violence"
Sec. 29.5. "Crime involving domestic or family violence" meansa crime that occurs when a family or household member commits,attempts to commit, or conspires to commit any of the followingagainst another family or household member:
(1) A homicide offense under IC 35-42-1.
(2) A battery offense under IC 35-42-2.
(3) Kidnapping or confinement under IC 35-42-3.
(4) A sex offense under IC 35-42-4.
(5) Robbery under IC 35-42-5.
(6) Arson or mischief under IC 35-43-1.
(7) Burglary or trespass under IC 35-43-2.
(8) Disorderly conduct under IC 35-45-1.
(9) Intimidation or harassment under IC 35-45-2.
(10) Voyeurism under IC 35-45-4. (11) Stalking under IC 35-45-10.
(12) An offense against the family under IC 35-46-1-2 throughIC 35-46-1-8, IC 35-46-1-12, or IC 35-46-1-15.1.
(13) Human and sexual trafficking crimes under IC 35-42-3.5.
(14) A crime involving animal cruelty and a family orhousehold member under IC 35-46-3-12(b)(2) orIC 35-46-3-12.5.
As added by P.L.133-2002, SEC.20. Amended by P.L.173-2006,SEC.46; P.L.171-2007, SEC.1; P.L.111-2009, SEC.6.
IC 31-9-2-29.7
Repealed
(Repealed by P.L.234-2005, SEC.192.)
IC 31-9-2-30
"Custodial parent"
Sec. 30. "Custodial parent", for purposes of IC 31-14-13-8,IC 31-14-15, IC 31-16-12.5, IC 31-17-2-22, and IC 31-17-4, meansthe parent who has been awarded physical custody of a child by acourt.
As added by P.L.1-1997, SEC.1. Amended by P.L.27-2004, SEC.2.
IC 31-9-2-31
"Custodian"
Sec. 31. (a) "Custodian", for purposes of the juvenile law, meansa person with whom a child resides.
(b) "Custodian", for purposes of IC 31-34-1, includes any personwho is:
(1) a license applicant or licensee of:
(A) a foster home or residential child care facility that isrequired to be licensed or is licensed under IC 31-27;
(B) a child care center that is required to be licensed or islicensed under IC 12-17.2-4; or
(C) a child care home that is required to be licensed or islicensed under IC 12-17.2-5;
(2) a person who is responsible for care, supervision, or welfareof children while providing services as an owner, operator,director, manager, supervisor, employee, or volunteer at:
(A) a home, center, or facility described in subdivision (1);
(B) a child care ministry, as defined in IC 12-7-2-28.8, thatis exempt from licensing requirements and is registered orrequired to be registered under IC 12-17.2-6;
(C) a home, center, or facility of a child care provider, asdefined in IC 12-7-2-149.1(4);
(D) a home, center, or facility that is the location of aprogram that provides child care, as defined in section 16.3of this chapter, to serve migrant children and that is exemptfrom licensing under IC 12-17.2-2-8(6), whether or not theprogram is certified as described in IC 12-17.2-2-9; or
(E) a school, as defined in section 113.5 of this chapter; (3) a child caregiver, as defined in section 16.4 of this chapter;
(4) a member of the household of the child's noncustodialparent; or
(5) an individual who has direct contact, on a regular andcontinuing basis, with a child for whom care and supervision isprovided as described in this subsection.
As added by P.L.1-1997, SEC.1. Amended by P.L.146-2006, SEC.12;P.L.124-2007, SEC.9.
IC 31-9-2-32
Repealed
(Repealed by P.L.138-2007, SEC.93.)
IC 31-9-2-33
Repealed
(Repealed by P.L.138-2007, SEC.93.)
IC 31-9-2-34
Repealed
(Repealed by P.L.138-2007, SEC.93.)
IC 31-9-2-35
Repealed
(Repealed by P.L.138-2007, SEC.93.)
IC 31-9-2-35.5
"De facto custodian"
Sec. 35.5. "De facto custodian", for purposes of IC 31-14-13,IC 31-17-2, and IC 31-34-4, means a person who has been theprimary caregiver for, and financial support of, a child who hasresided with the person for at least:
(1) six (6) months if the child is less than three (3) years of age;or
(2) one (1) year if the child is at least three (3) years of age.
Any period after a child custody proceeding has been commencedmay not be included in determining whether the child has residedwith the person for the required minimum period. The term does notinclude a person providing care for a child in a foster family home(as defined in IC 31-9-2-46.9).
As added by P.L.96-1999, SEC.1. Amended by P.L.145-2006,SEC.186; P.L.52-2007, SEC.7.
IC 31-9-2-36
"Delinquent"
Sec. 36. (a) "Delinquent", for purposes of IC 31-16-15, refers toa situation in which an obligor is the equivalent of one (1) month inarrears in the payment of child support ordered by a court.
(b) "Delinquent", for purposes of IC 31-16-16, refers to a situationin which an obligor is in arrears in the payment of child supportordered by a court in Indiana or another state that has jurisdiction
over the support order.
As added by P.L.1-1997, SEC.1.
IC 31-9-2-37
"Delinquent child"
Sec. 37. (a) "Delinquent child", for purposes of the juvenile law,except as provided in subsection (b), means:
(1) a child described in IC 31-37-1-1; or
(2) a child described in IC 31-37-2-1.
(b) "Delinquent child", for purposes of IC 31-37-23, has themeaning set forth in IC 31-37-23-4.
As added by P.L.1-1997, SEC.1.
IC 31-9-2-38
"Delinquent juvenile"
Sec. 38. "Delinquent juvenile", for purposes of the InterstateCompact on Juveniles under IC 31-37-23-1, has the meaning set forthin IC 31-37-23-1.
As added by P.L.1-1997, SEC.1.
IC 31-9-2-38.5
"Department"
Sec. 38.5. "Department", for purposes of IC 31-19 and IC 31-25through IC 31-40, has the meaning set forth in IC 31-25-2-1.
As added by P.L.234-2005, SEC.82. Amended by P.L.145-2006,SEC.187; P.L.138-2007, SEC.16.
IC 31-9-2-39
"Dependent child" or "neglected child"
Sec. 39. "Dependent child" or "neglected child", for purposes ofIC 31-37-23, has the meaning set forth in IC 31-37-23-5.
As added by P.L.1-1997, SEC.1.
IC 31-9-2-39.5
"Destitute child"
Sec. 39.5. "Destitute child", for purposes of this title, means anindividual:
(1) who is needy;
(2) who is not a public ward;
(3) who is less than eighteen (18) years of age;
(4) who has been deprived of parental support or care becauseof a parent's:
(A) death;
(B) continued absence from the home; or
(C) physical or mental incapacity;
(5) whose relatives liable for the individual's support are notable to provide adequate care or support for the individualwithout public assistance; and
(6) who is in need of foster care, under circumstances that donot require the individual to be made a public ward.As added by P.L.145-2006, SEC.188. Amended by P.L.146-2008,SEC.543.
IC 31-9-2-40
"Director"
Sec. 40. "Director", for purposes of IC 31-25-1, IC 31-25-2,IC 31-33, IC 31-34, and IC 31-37, refers to the director of thedepartment of child services.
As added by P.L.1-1997, SEC.1. Amended by P.L.55-1997, SEC.10;P.L.234-2005, SEC.83; P.L.145-2006, SEC.190.
IC 31-9-2-41
"Dissolution decree"
Sec. 41. "Dissolution decree", for purposes of IC 31-15, IC 31-16,and IC 31-17, means a judicial decree entered in a proceeding for thedissolution of marriage which:
(1) has the effect of terminating the marriage and restoring theparties to the state of unmarried persons; and
(2) may include those matters set forth in IC 31-15-2-16.
As added by P.L.1-1997, SEC.1.
IC 31-9-2-41.2
Repealed
(Repealed by P.L.145-2006, SEC.376.)
IC 31-9-2-42
"Domestic or family violence"
Sec. 42. "Domestic or family violence" means, except for an actof self defense, the occurrence of one (1) or more of the followingacts committed by a family or household member:
(1) Attempting to cause, threatening to cause, or causingphysical harm to another family or household member withoutlegal justification.
(2) Placing a family or household member in fear of physicalharm without legal justification.
(3) Causing a family or household member to involuntarilyengage in sexual activity by force, threat of force, or duress.
(4) Beating (as described in IC 35-46-3-0.5(2)), torturing (asdescribed in IC 35-46-3-0.5(5)), mutilating (as described inIC 35-46-3-0.5(3)), or killing a vertebrate animal withoutjustification with the intent to threaten, intimidate, coerce,harass, or terrorize a family or household member.
For purposes of IC 22-4-15-1 and IC 34-26-5, domestic or familyviolence also includes stalking (as defined in IC 35-45-10-1) or a sexoffense under IC 35-42-4, whether or not the stalking or sex offenseis committed by a family or household member.
As added by P.L.1-1997, SEC.1. Amended by P.L.133-2002, SEC.21;P.L.189-2003, SEC.9; P.L.221-2003, SEC.3; P.L.97-2004, SEC.104;P.L.171-2007, SEC.2.
IC 31-9-2-42.3
"Drug or alcohol screen test"
Sec. 42.3. "Drug or alcohol screen test" means a test used todetermine the presence or use of alcohol, a controlled substance, ora drug in a person's bodily substance.
As added by P.L.131-2009, SEC.7.
IC 31-9-2-43
"Duty of support"
Sec. 43. "Duty of support", for purposes of the Uniform InterstateFamily Support Act under IC 31-18, has the meaning set forth inIC 31-18-1-4.
As added by P.L.1-1997, SEC.1.
IC 31-9-2-43.3
"Emergency medical services"
Sec. 43.3. "Emergency medical services", for purposes ofIC 31-33-24, has the meaning set forth in IC 31-33-24-2.
(b) "Emergency medical services", for purposes of IC 31-33-25,has the meaning set forth in IC 31-33-25-2.
As added by P.L.145-2006, SEC.189.
IC 31-9-2-43.5
"Emergency medical services provider"
Sec. 43.5. "Emergency medical services provider" has themeaning set forth in IC 16-41-10-1.
As added by P.L.133-2000, SEC.2.
IC 31-9-2-43.8
"Evaluator"
Sec. 43.8. "Evaluator", for purposes of IC 31-32-2 andIC 31-37-8-4.5, means a person responsible for providing mentalhealth screening, evaluation, or treatment to a child in connectionwith a juvenile proceeding or probation proceeding under this title.
As added by P.L.120-2007, SEC.2.
IC 31-9-2-44
"Executive authority"
Sec. 44. "Executive authority", for purposes of IC 31-37-23, hasthe meaning set forth in IC 31-37-23-6.
As added by P.L.1-1997, SEC.1.
IC 31-9-2-44.3
Repealed
(Repealed by P.L.146-2008, SEC.804.)
IC 31-9-2-44.5
"Family or household member"
Sec. 44.5. (a) An individual is a "family or household member" ofanother person if the individual: (1) is a current or former spouse of the other person;
(2) is dating or has dated the other person;
(3) is engaged or was engaged in a sexual relationship with theother person;
(4) is related by blood or adoption to the other person;
(5) is or was related by marriage to the other person;
(6) has or previously had an established legal relationship:
(A) as a guardian of the other person;
(B) as a ward of the other person;
(C) as a custodian of the other person;
(D) as a foster parent of the other person; or
(E) in a capacity with respect to the other person similar tothose listed in clauses (A) through (D); or
(7) has a child in common with the other person.
(b) An individual is a "family or household member" of bothpersons to whom subsection (a)(1), (a)(2), (a)(3), (a)(4), (a)(5),(a)(6), or (a)(7) applies if the individual is a minor child of one (1)of the persons.
As added by P.L.133-2002, SEC.22. Amended by P.L.97-2004,SEC.105.
IC 31-9-2-44.8
"Family preservation services"
Sec. 44.8. "Family preservation services", for purposes ofIC 31-26-6, means short term, highly intensive services designed toprotect, treat, and support the following:
(1) A family with a child at risk of placement by enabling thefamily to remain intact and care for the child at home.
(2) A family that adopts or plans to adopt an abused orneglected child who is at risk of placement or adoptiondisruption by assisting the family to achieve or maintain astable, successful adoption of the child.
As added by P.L.138-2007, SEC.17. Amended by P.L.146-2008,SEC.544.
IC 31-9-2-45
"Family services"
Sec. 45. "Family services", for purposes of the juvenile law,means services provided to:
(1) prevent a child from being removed from a parent, guardian,or custodian;
(2) reunite the child with a parent, guardian, or custodian; or
(3) implement a permanent plan of adoption, guardianship, oremancipation of a child.
As added by P.L.1-1997, SEC.1.
IC 31-9-2-46
"Final separation"
Sec. 46. "Final separation", for purposes of IC 31-15-7, means thedate of filing of the petition for dissolution of marriage under
IC 31-15-2-4 (or IC 31-1-11.5-3 before its repeal). However, if:
(1) a legal separation proceeding involving the parties waspending when the petition for dissolution of marriage underIC 31-15-2-4 (or IC 31-1-11.5-3 before its repeal) was filed; or
(2) a provisional order or final decree for legal separation of theparties was in effect when the petition for dissolution ofmarriage under IC 31-15-2-4 (or IC 31-1-11.5-3 before itsrepeal) was filed;
the term means the date that the petition for legal separation wasfiled under IC 31-15-3-4 (or IC 31-1-11.5-3 before its repeal).
As added by P.L.1-1997, SEC.1.
IC 31-9-2-46.5
"Financial institution"
Sec. 46.5. "Financial institution", for purposes of IC 31-25-3 andIC 31-25-4, has the meaning set forth in IC 31-25-4-3.
As added by P.L.145-2006, SEC.192.
IC 31-9-2-46.7
"Foster care"
Sec. 46.7. "Foster care", for purposes of IC 31-25, IC 31-26,IC 31-27, IC 31-28-1, IC 31-28-2, IC 31-28-3, and IC 31-28-5.7,means living in a place licensed under IC 31-27.
As added by P.L.145-2006, SEC.193. Amended by P.L.143-2008,SEC.1.
IC 31-9-2-46.9
"Foster family home"
Sec. 46.9. (a) "Foster family home", for purposes of IC 31-27,means a place where an individual resides and provides care andsupervision on a twenty-four (24) hour basis to:
(1) a child who satisfies the conditions set forth in subsection(b);
(2) an individual:
(A) who is at least eighteen (18) but less than twenty-one(21) years of age;
(B) who was placed in foster care under the order of a court;and
(C) who satisfies the conditions set forth in subsection (b);or
(3) an individual:
(A) who is at least eighteen (18) but less than twenty-one(21) years of age;
(B) who is receiving foster care for older youth; and
(C) who is no longer under the care and supervision of thejuvenile court for purposes of placement.
(b) A child or an individual described in subsection (a)(1) or(a)(2):
(1) may not be the:
(A) child; (B) stepchild;
(C) grandchild;
(D) niece;
(E) nephew; or
(F) sibling;
of the individual providing care and supervision;
(2) must be separated from the child's or individual's:
(A) parent;
(B) stepparent;
(C) guardian;
(D) custodian; or
(E) other relative; and
(3) must be receiving care and supervision under an order of ajuvenile court or for the purposes of placement.
(c) This section may not be construed to require the licensing ofan individual who provides foster care to a relative.
As added by P.L.145-2006, SEC.194. Amended by P.L.143-2008,SEC.2.
IC 31-9-2-47
"Foster parent"
Sec. 47. "Foster parent", for purposes of the juvenile law, meansan individual who provides care and supervision to a child in:
(1) a foster family home (as defined in IC 31-9-2-46.9); or
(2) a home approved as a foster family home under IC 31-27.
As added by P.L.1-1997, SEC.1. Amended by P.L.145-2006,SEC.195.
IC 31-9-2-47.6
"Fund"
Sec. 47.6. "Fund", for purposes of IC 31-26-4, has the meaning setforth in IC 31-26-4-3.
As added by P.L.145-2006, SEC.196.
IC 31-9-2-48
"Governor"
Sec. 48. "Governor", for purposes of IC 31-18-8 in the UniformInterstate Family Support Act, has the meaning set forth inIC 31-18-8-1(a).
As added by P.L.1-1997, SEC.1.
IC 31-9-2-48.3
"Grandparent visitation"
Sec. 48.3. "Grandparent visitation", for purposes of IC 31-17-2.2,means visitation rights granted to a grandparent under IC 31-17-5.
As added by P.L.50-2006, SEC.1.
IC 31-9-2-48.5
"Group home"
Sec. 48.5. "Group home", for purposes of IC 31-27, means a
residential structure in which care is provided on a twenty-four (24)hour basis for not more than ten (10) children.
As added by P.L.145-2006, SEC.197.
IC 31-9-2-49
"Guardian"
Sec. 49. "Guardian", for purposes of the juvenile law, means aperson appointed by a court to have the care and custody of a childor the child's estate, or both.
As added by P.L.1-1997, SEC.1.
IC 31-9-2-50
"Guardian ad litem"
Sec. 50. "Guardian ad litem", for purposes of IC 31-15-6,IC 31-19-16, IC 31-19-16.5, IC 31-28-5, and the juvenile law, meansan attorney, a volunteer, or an employee of a county programdesignated under IC 33-24-6-4 who is appointed by a court to:
(1) represent and protect the best interests of a child; and
(2) provide the child with services requested by the court,including:
(A) researching;
(B) examining;
(C) advocating;
(D) facilitating; and
(E) monitoring;
the child's situation.
A guardian ad litem who is not an attorney must complete the samecourt approved training program that is required for a courtappointed special advocate under section 28 of this chapter.
As added by P.L.1-1997, SEC.1. Amended by P.L.196-1997, SEC.2;P.L.2-1998, SEC.72; P.L.98-2004, SEC.101; P.L.133-2008, SEC.6;P.L.1-2010, SEC.115.
IC 31-9-2-51
"Hard to place child" or "hard to place children"
Sec. 51. "Hard to place child" or "hard to place children", forpurposes of IC 31-19, means a child who is or children who aredisadvantaged:
(1) because of:
(A) ethnic background;
(B) race;
(C) color;
(D) language;
(E) physical, ment