IC 31-12-2
Chapter 2. Establishment of Domestic Relations Counseling
Bureau 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 consolidated
city and the judges of the superior court and the judge of the
circuit court determine that the social conditions in the county
and the number of domestic relations cases in the courts make
the procedures provided under this chapter necessary for the
full and proper consideration of the cases and the effectuation
of the purposes of this chapter.
(2) A county having a population of more than four hundred
thousand (400,000) but less than seven hundred thousand
(700,000) in which the judge of the circuit court determines that
the social conditions in the county and the number of domestic
relations cases in the county's courts make the procedures
provided under this chapter necessary for the full and proper
consideration of the cases and the effectuation of the purposes
of 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 consolidated
city, the judges described in section 1(1) of this chapter may
establish a bureau of the courts; and
(2) a county having a population of more than four hundred
thousand (400,000) but less than seven hundred thousand
(700,000), the judge of the circuit court may establish a bureau
of 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 domestic
relations proceeding to:
(1) report to the domestic relations bureau;
(2) cooperate in counseling; and
(3) furnish the counselor with pertinent information in a party's
knowledge. As added by P.L.1-1997, SEC.4.
IC 31-12-2-4 Actions and proceedings in which counseling services shall be
provided; referrals
Sec. 4. (a) A domestic relations counseling bureau shall provide
counseling service to the parties in separation, dissolution, or
annulment actions, including enforcement, modification, and
post-decree proceedings that are:
(1) filed in a court; and
(2) referred to the bureau by a judge with the intent to assist in
a reconciliation of the parties, in the care and treatment of
children, if any, and in the possible solution of any marriage
problems or issues in a proceeding, in promotion of the general
welfare.
(b) The bureau may receive cases referred to the bureau by
attorneys at law, the ministry, or other agencies before a divorce
action is filed, and counsel other married couples who seek the
bureau'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 other
personnel; compensation; expenses
Sec. 5. (a) The judges described in section 1(1) of this chapter and
the judge described in section 1(2) of this chapter may appoint:
(1) one (1) or more professionally qualified domestic relations
referees, counselors, and other necessary personnel, including
a full-time director; and
(2) necessary assistants and clerks;
to serve during the pleasure of the appointing judge to staff the
domestic relations counseling bureau.
(b) The appointing judge shall fix the compensation and expenses
of the personnel appointed under this chapter, which shall be paid
out 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 perform
the following duties in domestic relations cases and such other duties
as the judges described in section 1(1) of this chapter, the judge
described in section 1(2) of this chapter, or a magistrate assigns to
the domestic relations counseling bureau:
(1) The domestic relations counseling bureau shall promptly
receive all requests for counseling services for the purpose of
disposing of the requests under this chapter.
(2) Whenever a proceeding is initiated and either party requests
counseling or mediation, the domestic relations counseling
bureau shall, in the bureau's discretion, interview and counsel
each party or confer with both parties jointly for the purpose of
reconciling the differences between the parties and making
recommendations 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 relations
counseling 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 of
the welfare of the child; and
(D) any other matter pertaining to the marriage that may
affect the welfare of the child.
(4) Upon order of the judges described in section 1(1) of this
chapter 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 in
connection with child custody, support, and parenting time;
(B) provide assistance to the parties in the enforcement of
support orders; and
(C) cause reports to be made and statistics to be compiled,
which records and reports shall be kept as the judges
described in section 1(1) of this chapter or the judge
described in section 1(2) of this chapter directs.
(5) The domestic relations counseling bureau shall provide
supervision in connection with referred cases or other cases as
the judges described in section 1(1) of this chapter or the judge
described 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 for
divorce 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 domestic
relations counselor;
is not condonation on the part of either spouse of acts that may
constitute 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 made
as a result of the communications from the parties to the judge, the
domestic relations counselor, or other person designated or
recommended under this chapter in a counseling or conciliation
proceeding:
(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 a
majority 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 and
the judge described in section 1(2) of this chapter shall establish
uniform rules if applicable and may make special orders and rules as
necessary. 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 receive
gifts and donations from private sources under approval of the judges
or 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 counseling
service into bureau's service
Sec. 12. In a circuit or county that has a marriage counseling
service paid for by private money and supervised by a court, the
domestic relations counseling bureau may receive all records and
property of the existing service and incorporate the records and
property into the bureau's service. As added by P.L.1-1997, SEC.4.
IC 31-12-2
Chapter 2. Establishment of Domestic Relations Counseling
Bureau 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 consolidated
city and the judges of the superior court and the judge of the
circuit court determine that the social conditions in the county
and the number of domestic relations cases in the courts make
the procedures provided under this chapter necessary for the
full and proper consideration of the cases and the effectuation
of the purposes of this chapter.
(2) A county having a population of more than four hundred
thousand (400,000) but less than seven hundred thousand
(700,000) in which the judge of the circuit court determines that
the social conditions in the county and the number of domestic
relations cases in the county's courts make the procedures
provided under this chapter necessary for the full and proper
consideration of the cases and the effectuation of the purposes
of 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 consolidated
city, the judges described in section 1(1) of this chapter may
establish a bureau of the courts; and
(2) a county having a population of more than four hundred
thousand (400,000) but less than seven hundred thousand
(700,000), the judge of the circuit court may establish a bureau
of 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 domestic
relations proceeding to:
(1) report to the domestic relations bureau;
(2) cooperate in counseling; and
(3) furnish the counselor with pertinent information in a party's
knowledge. As added by P.L.1-1997, SEC.4.
IC 31-12-2-4 Actions and proceedings in which counseling services shall be
provided; referrals
Sec. 4. (a) A domestic relations counseling bureau shall provide
counseling service to the parties in separation, dissolution, or
annulment actions, including enforcement, modification, and
post-decree proceedings that are:
(1) filed in a court; and
(2) referred to the bureau by a judge with the intent to assist in
a reconciliation of the parties, in the care and treatment of
children, if any, and in the possible solution of any marriage
problems or issues in a proceeding, in promotion of the general
welfare.
(b) The bureau may receive cases referred to the bureau by
attorneys at law, the ministry, or other agencies before a divorce
action is filed, and counsel other married couples who seek the
bureau'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 other
personnel; compensation; expenses
Sec. 5. (a) The judges described in section 1(1) of this chapter and
the judge described in section 1(2) of this chapter may appoint:
(1) one (1) or more professionally qualified domestic relations
referees, counselors, and other necessary personnel, including
a full-time director; and
(2) necessary assistants and clerks;
to serve during the pleasure of the appointing judge to staff the
domestic relations counseling bureau.
(b) The appointing judge shall fix the compensation and expenses
of the personnel appointed under this chapter, which shall be paid
out 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 perform
the following duties in domestic relations cases and such other duties
as the judges described in section 1(1) of this chapter, the judge
described in section 1(2) of this chapter, or a magistrate assigns to
the domestic relations counseling bureau:
(1) The domestic relations counseling bureau shall promptly
receive all requests for counseling services for the purpose of
disposing of the requests under this chapter.
(2) Whenever a proceeding is initiated and either party requests
counseling or mediation, the domestic relations counseling
bureau shall, in the bureau's discretion, interview and counsel
each party or confer with both parties jointly for the purpose of
reconciling the differences between the parties and making
recommendations 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 relations
counseling 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 of
the welfare of the child; and
(D) any other matter pertaining to the marriage that may
affect the welfare of the child.
(4) Upon order of the judges described in section 1(1) of this
chapter 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 in
connection with child custody, support, and parenting time;
(B) provide assistance to the parties in the enforcement of
support orders; and
(C) cause reports to be made and statistics to be compiled,
which records and reports shall be kept as the judges
described in section 1(1) of this chapter or the judge
described in section 1(2) of this chapter directs.
(5) The domestic relations counseling bureau shall provide
supervision in connection with referred cases or other cases as
the judges described in section 1(1) of this chapter or the judge
described 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 for
divorce 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 domestic
relations counselor;
is not condonation on the part of either spouse of acts that may
constitute 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 made
as a result of the communications from the parties to the judge, the
domestic relations counselor, or other person designated or
recommended under this chapter in a counseling or conciliation
proceeding:
(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 a
majority 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 and
the judge described in section 1(2) of this chapter shall establish
uniform rules if applicable and may make special orders and rules as
necessary. 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 receive
gifts and donations from private sources under approval of the judges
or 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 counseling
service into bureau's service
Sec. 12. In a circuit or county that has a marriage counseling
service paid for by private money and supervised by a court, the
domestic relations counseling bureau may receive all records and
property of the existing service and incorporate the records and
property into the bureau's service. As added by P.L.1-1997, SEC.4.
IC 31-12-2
Chapter 2. Establishment of Domestic Relations Counseling
Bureau 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 consolidated
city and the judges of the superior court and the judge of the
circuit court determine that the social conditions in the county
and the number of domestic relations cases in the courts make
the procedures provided under this chapter necessary for the
full and proper consideration of the cases and the effectuation
of the purposes of this chapter.
(2) A county having a population of more than four hundred
thousand (400,000) but less than seven hundred thousand
(700,000) in which the judge of the circuit court determines that
the social conditions in the county and the number of domestic
relations cases in the county's courts make the procedures
provided under this chapter necessary for the full and proper
consideration of the cases and the effectuation of the purposes
of 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 consolidated
city, the judges described in section 1(1) of this chapter may
establish a bureau of the courts; and
(2) a county having a population of more than four hundred
thousand (400,000) but less than seven hundred thousand
(700,000), the judge of the circuit court may establish a bureau
of 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 domestic
relations proceeding to:
(1) report to the domestic relations bureau;
(2) cooperate in counseling; and
(3) furnish the counselor with pertinent information in a party's
knowledge. As added by P.L.1-1997, SEC.4.
IC 31-12-2-4 Actions and proceedings in which counseling services shall be
provided; referrals
Sec. 4. (a) A domestic relations counseling bureau shall provide
counseling service to the parties in separation, dissolution, or
annulment actions, including enforcement, modification, and
post-decree proceedings that are:
(1) filed in a court; and
(2) referred to the bureau by a judge with the intent to assist in
a reconciliation of the parties, in the care and treatment of
children, if any, and in the possible solution of any marriage
problems or issues in a proceeding, in promotion of the general
welfare.
(b) The bureau may receive cases referred to the bureau by
attorneys at law, the ministry, or other agencies before a divorce
action is filed, and counsel other married couples who seek the
bureau'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 other
personnel; compensation; expenses
Sec. 5. (a) The judges described in section 1(1) of this chapter and
the judge described in section 1(2) of this chapter may appoint:
(1) one (1) or more professionally qualified domestic relations
referees, counselors, and other necessary personnel, including
a full-time director; and
(2) necessary assistants and clerks;
to serve during the pleasure of the appointing judge to staff the
domestic relations counseling bureau.
(b) The appointing judge shall fix the compensation and expenses
of the personnel appointed under this chapter, which shall be paid
out 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 perform
the following duties in domestic relations cases and such other duties
as the judges described in section 1(1) of this chapter, the judge
described in section 1(2) of this chapter, or a magistrate assigns to
the domestic relations counseling bureau:
(1) The domestic relations counseling bureau shall promptly
receive all requests for counseling services for the purpose of
disposing of the requests under this chapter.
(2) Whenever a proceeding is initiated and either party requests
counseling or mediation, the domestic relations counseling
bureau shall, in the bureau's discretion, interview and counsel
each party or confer with both parties jointly for the purpose of
reconciling the differences between the parties and making
recommendations 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 relations
counseling 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 of
the welfare of the child; and
(D) any other matter pertaining to the marriage that may
affect the welfare of the child.
(4) Upon order of the judges described in section 1(1) of this
chapter 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 in
connection with child custody, support, and parenting time;
(B) provide assistance to the parties in the enforcement of
support orders; and
(C) cause reports to be made and statistics to be compiled,
which records and reports shall be kept as the judges
described in section 1(1) of this chapter or the judge
described in section 1(2) of this chapter directs.
(5) The domestic relations counseling bureau shall provide
supervision in connection with referred cases or other cases as
the judges described in section 1(1) of this chapter or the judge
described 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 for
divorce 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 domestic
relations counselor;
is not condonation on the part of either spouse of acts that may
constitute 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 made
as a result of the communications from the parties to the judge, the
domestic relations counselor, or other person designated or
recommended under this chapter in a counseling or conciliation
proceeding:
(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 a
majority 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 and
the judge described in section 1(2) of this chapter shall establish
uniform rules if applicable and may make special orders and rules as
necessary. 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 receive
gifts and donations from private sources under approval of the judges
or 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 counseling
service into bureau's service
Sec. 12. In a circuit or county that has a marriage counseling
service paid for by private money and supervised by a court, the
domestic relations counseling bureau may receive all records and
property of the existing service and incorporate the records and
property into the bureau's service. As added by P.L.1-1997, SEC.4.
