IC 31-25-2
Chapter 2. General Duties of the Department of Child Services
IC 31-25-2-1 "Department"
Sec. 1. As used in this article, "department" refers to the
department of child services established by IC 31-25-1-1. As added by P.L.145-2006, SEC.271.
IC 31-25-2-2 Personnel
Sec. 2. The director may employ necessary personnel to carry out
the department's responsibilities subject to:
(1) the budget agency's approval under IC 4-12-1-13; and
(2) IC 4-15-2. As added by P.L.145-2006, SEC.271.
IC 31-25-2-2.5 No personal liability for official acts
Sec. 2.5. The following are not personally liable, except to the
state, for an official act done or omitted in connection with
performance of duties under this title:
(1) The director of the department.
(2) Other officers and employees of the department. As added by P.L.146-2008, SEC.563.
IC 31-25-2-3 Department organization
Sec. 3. The director shall determine the best manner of organizing
the department to provide the necessary services throughout Indiana
to fulfill the purposes of this article. As added by P.L.145-2006, SEC.271.
IC 31-25-2-4 Family case manager caseload reports
Sec. 4. One (1) time every twelve (12) months, the department
shall submit a report to the budget committee and to the legislative
council that provides data and statistical information regarding
caseloads of family case managers. The report made to the legislative
council must be in an electronic format under IC 5-14-6. As added by P.L.145-2006, SEC.271. Amended by P.L.131-2009,
SEC.26.
IC 31-25-2-4.5 Annual report on notice of twenty-first century scholars program
to individuals receiving foster care
Sec. 4.5. One (1) time every year, the department shall submit a
report to the legislative council that provides:
(1) data and statistical information regarding the number of
individuals receiving foster care who are notified of the
twenty-first century scholars program under IC 21-12-6 and
IC 21-12-6.5, including the percentage of individuals receiving
foster care who are notified; and
(2) information regarding how the department notifies
individuals in foster care of the twenty-first century scholars
program under IC 21-12-6 and IC 21-12-6.5.
The report made to the legislative council must be in an electronic
format under IC 5-14-6. As added by P.L.100-2009, SEC.4.
IC 31-25-2-5 Caseload limitations
Sec. 5. (a) The department shall ensure that the department
maintains staffing levels of family case managers so that each county
has enough family case managers to allow caseloads to be at not
more than:
(1) twelve (12) active cases relating to initial assessments,
including investigations of an allegation of child abuse or
neglect; or
(2) seventeen (17) children monitored and supervised in active
cases relating to ongoing services.
(b) The department shall comply with the maximum caseload
ratios described in subsection (a). As added by P.L.145-2006, SEC.271. Amended by P.L.146-2008,
SEC.564.
IC 31-25-2-6 Report requirements
Sec. 6. The report required under section 4 of this chapter must do
the following:
(1) Indicate the department's progress in recruiting, training, and
retaining family case managers.
(2) Describe the methodology used to compute caseloads for
each family case manager.
(3) Indicate whether the statewide average caseloads for family
case managers exceed the caseload standards established by the
department.
(4) If the report indicates that average caseloads exceed
caseload standards, include a written plan that indicates the
steps that are being taken to reduce caseloads.
(5) Identify, describe, and, if appropriate, recommend best
management practices and resources required to achieve
effective and efficient delivery of child protection services. As added by P.L.145-2006, SEC.271. Amended by P.L.131-2009,
SEC.27.
IC 31-25-2-7 Department duties
Sec. 7. (a) The department is responsible for the following:
(1) Providing child protection services under this article.
(2) Providing and administering child abuse and neglect
prevention services.
(3) Providing and administering child services.
(4) Providing and administering family services.
(5) Providing family preservation services under IC 31-26-5.
(6) Regulating and licensing the following under IC 31-27:
(A) Child caring institutions.
(B) Foster family homes.
(C) Group homes.
(D) Child placing agencies.
(7) Administering the state's plan for the administration of Title
IV-D of the federal Social Security Act (42 U.S.C. 651 et seq.).
(8) Administering foster care services.
(9) Administering independent living services (as described in
42 U.S.C. 677 et seq.).
(10) Administering adoption services.
(11) Certifying and providing grants to the youth services
bureaus under IC 31-26-1.
(12) Administering the project safe program.
(13) Paying for programs and services as provided under
IC 31-40.
(b) This chapter does not authorize or require the department to:
(1) investigate or report on proceedings under IC 31-17-2
relating to a child who is not the subject of an open child in
need of services case under IC 31-34; or
(2) otherwise monitor child custody or visitation in dissolution
of marriage proceedings.
(c) This chapter does not authorize or require the department to:
(1) conduct home studies; or
(2) otherwise participate in guardianship proceedings under
IC 29-3;
other than those over which the juvenile court has jurisdiction under
IC 29-3-2-1(c) or IC 31-30-1-1(10). As added by P.L.145-2006, SEC.271. Amended by P.L.146-2008,
SEC.565.
IC 31-25-2-8 Department as single state agency responsible for administering
certain grants, funds, and programs; Title IV-E on behalf of Indian
children
Sec. 8. (a) The department is the single state agency responsible
for administering the following:
(1) Title IV-B of the federal Social Security Act under 42
U.S.C. 620 et seq.
(2) Title IV-E of the federal Social Security Act under 42
U.S.C. 670 et seq.
(3) The federal Child Abuse Prevention and Treatment Act
under 42 U.S.C. 5106 et seq.
(4) The federal Social Services Block Grant under 42 U.S.C.
1397 et seq.
(5) Any other federal program that provides funds to states for
services related to the prevention of child abuse and neglect,
child welfare services, foster care, independent living, or
adoption services.
(b) This subsection applies beginning October 1, 2009. Under 42
U.S.C. 671(a)(32), the department shall negotiate in good faith with
any Indian tribe, tribal organization, or tribal consortium in the state
that requests to develop an agreement with the state to administer all
or part of Title IV-E of the federal Social Security Act under 42
U.S.C. 670 et seq., on behalf of Indian children who are under the
authority of the tribe, tribal organization, or tribal consortium. As added by P.L.145-2006, SEC.271. Amended by P.L.131-2009,
SEC.28.
IC 31-25-2-9
Repealed
(Repealed by P.L.1-2009, SEC.174.)
IC 31-25-2-10 Department duties concerning staff
Sec. 10. (a) This section applies after June 30, 2008.
(b) The department of child services:
(1) must have sufficient qualified and trained staff to:
(A) fulfill the purpose of this article;
(B) comply with the maximum caseload ratios for:
(i) family case managers; and
(ii) child welfare caseworkers;
as set forth in IC 31-25-2-5;
(2) must be organized to maximize the continuity of
responsibility, care, and service of individual family case
managers toward individual children and families;
(3) must provide training to representatives of the department
regarding the legal duties of the representatives in carrying out
the responsibility of the department under section 7 of this
chapter, which may consist of various methods of informing the
representatives of their duties, in order to protect the legal rights
and safety of children and families from the initial time of
contact during the investigation through treatment; and
(4) must provide training to representatives of the child
protection services system regarding the constitutional rights of
the child's family, including a child's guardian or custodian, that
is the subject of an assessment of child abuse or neglect
consistent with the Fourth Amendment to the United States
Constitution and Article 1, Section 11 of the Constitution of the
State of Indiana. As added by P.L.145-2006, SEC.271. Amended by P.L.131-2009,
SEC.30.
IC 31-25-2-11 Powers, responsibilities, and duties
Sec. 11. (a) Except in cases involving a child who may be a victim
of institutional abuse or cases in which police investigation also
appears appropriate, the department is the primary public agency
responsible for:
(1) receiving;
(2) assessing or arranging for assessment of; and
(3) coordinating the assessment of;
all reports of a child who may be a victim of known or suspected
child abuse or neglect.
(b) In accordance with a local plan for child protection services,
the department shall, by juvenile court order:
(1) provide protection services to prevent cases where a child
may be a victim of further child abuse or neglect; and
(2) provide for or arrange for and coordinate and monitor the
provision of the services necessary to ensure the safety of
children.
(c) Reasonable efforts must be made to provide family services
designed to prevent a child's removal from the child's parent,
guardian, or custodian. As added by P.L.145-2006, SEC.271. Amended by P.L.131-2009,
SEC.31.
IC 31-25-2-12 Notice of existence of photographs, x-rays, and physical medical
examination reports
Sec. 12. The department shall give notice of the existence and
location of photographs, x-rays, and physical medical examination
reports to:
(1) the appropriate prosecuting attorney; and
(2) the appropriate law enforcement agency, if the law
enforcement agency has not already received the items
described in this section under IC 31-33-10-3. As added by P.L.145-2006, SEC.271.
IC 31-25-2-13 Access to photographs, x-rays, and physical medical examination
reports
Sec. 13. Photographs, x-rays, or physical medical examination
reports shall be made available to:
(1) the law enforcement agency having jurisdiction;
(2) the department;
(3) the prosecuting attorney;
(4) the guardian ad litem; or
(5) the court appointed special advocate appointed by the
juvenile court;
for use in any judicial proceeding relating to the subject matter of a
report made under this article and, to the extent permissible under the
Indiana Rules of Trial Procedure, to the adverse party in any
proceeding arising under this article. As added by P.L.145-2006, SEC.271. IC 31-25-2-14 Cooperation with public and private agencies
Sec. 14. (a) The department shall cooperate with and shall seek
and receive the cooperation of appropriate public and private
agencies, including the following:
(1) Law enforcement agencies.
(2) The courts.
(3) Organizations, groups, and programs providing or concerned
with services related to the prevention, identification, or
treatment of a child who may be a victim of child abuse or
neglect.
(b) The department shall also cooperate with public and private
agencies, organizations, and groups that provide family services
designed to prevent a child's removal from the child's home.
(c) Cooperation and involvement under this section may include
the following:
(1) Consultation services.
(2) Planning.
(3) Case management.
(4) Public education and information services.
(5) Use of each other's facilities, staff, and other training. As added by P.L.145-2006, SEC.271.
IC 31-25-2-15 Purchase of services of public or private agency
Sec. 15. (a) Notwithstanding any other law, the department may
purchase and use the services of any public or private agency if
adequate provision is made for continuity of care and accountability.
(b) If the department purchases services under this article, the
state shall reimburse the expenses, to the extent allowed by state and
federal statutes, rules, and regulations, to the locality or agency in the
same manner and to the same extent as if the services were provided
directly by the department. As added by P.L.145-2006, SEC.271.
IC 31-25-2-16 Department of child services child care fund
Sec. 16. (a) The department of child services child care fund is
established for the purpose of providing training and facilitating
compliance with and enforcement of IC 31-25 through IC 31-28. The
fund shall be administered by the department.
(b) The fund consists of the fees and civil penalties collected
under IC 31-25 through IC 31-28.
(c) The expenses of administering the fund shall be paid from
money in the fund.
(d) 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. Interest that accrues
from these investments shall be deposited in the fund.
(e) Money in the fund at the end of a state fiscal year does not
revert to the state general fund. As added by P.L.145-2006, SEC.271.
IC 31-25-2-17
Repealed
(Repealed by P.L.146-2008, SEC.806.)
IC 31-25-2-18 Rules
Sec. 18. The department may adopt rules under IC 4-22-2
necessary to carry out the department's or bureau's duties under this
article. As added by P.L.145-2006, SEC.271.
IC 31-25-2-19 Adoption fees
Sec. 19. (a) The department may charge the following adoption
fees:
(1) An adoption placement fee that may not exceed the actual
costs incurred by the department for medical expenses of
children and mothers.
(2) A fee that does not exceed the time and travel costs incurred
by the department for home study and investigation concerning
a contemplated adoption.
(b) Fees charged under this section shall be deposited in the child
trust clearance account established under IC 31-25-2-20.2. Money
deposited under this subsection shall be expended by the department
for the following purposes without further appropriation:
(1) The care of children whose adoption is contemplated.
(2) The improvement of adoption services provided by the
department.
(c) The director may adopt rules governing the expenditure of
money under this section.
(d) The department may reduce or waive charges authorized under
this section in hardship cases or for other good cause after
investigation. The department may adopt forms on which the written
authorization is provided. As added by P.L.145-2006, SEC.271. Amended by P.L.146-2008,
SEC.566.
IC 31-25-2-20 Kinship care navigator pilot projects; proposal; kinship care
navigator requirements; contingent upon nonstate or private
funding; annual report; expiration
Sec. 20. (a) The department shall collaborate with at least one (1)
nonprofit community based agency to develop a grant proposal for
submission to potential funding sources, including governmental
entities and private foundations, to establish a minimum of three (3)
kinship care navigator pilot projects to assist kinship caregivers with
understanding and navigating the system of services for children in
out-of-home care.
(b) The proposal under subsection (a) must seek to do the
following:
(1) Divide the whole state into the following three (3) regions:
(A) Northern Indiana.
(B) Central Indiana.
(C) Southern Indiana.
(2) Establish at least one (1) kinship care navigator pilot project
in each region described under subdivision (1) with each project
managed by a participating community based agency.
(c) A person who acts as a kinship care navigator under the
kinship care navigator pilot project shall be required to do the
following:
(1) Have an understanding of the various state agency systems
serving kinship caregivers.
(2) Work in partnership with local community service
providers.
(3) Track trends, concerns, and other factors related to kinship
caregivers.
(4) Assist in establishing stable, respectful relationships
between kinship caregivers and department staff.
(d) The implementation of the kinship care navigator pilot
projects is contingent upon receipt of nonstate or private funding for
the pilot projects.
(e) The department shall report annually to the:
(1) legislative council in an electronic format under IC 5-14-6;
and
(2) governor;
on the implementation of the kinship care navigator pilot projects
with recommendations on statewide implementation of the pilot
projects beginning one (1) year after implementation of the pilot
projects.
(f) The report under subsection (e) must:
(1) provide data that demonstrates whether the kinship care
navigator pilot projects reduced barriers of access to services by
kinship caregivers;
(2) identify statutory and administrative barriers for kinship
caregivers; and
(3) provide recommendations to reduce or eliminate the barriers
to services without adverse consequences to children placed
with kinship caregivers.
(g) This SECTION expires January 1, 2011. As added by P.L.153-2007, SEC.3. Amended by P.L.3-2008,
SEC.239.
IC 31-25-2-20.1 Gift, devise, or bequest of personal property; investment of money;
child trust clearance account; commingling prohibited
Sec. 20.1. (a) The department may receive and administer a gift,
devise, or bequest of personal property, including the income from
real property, that is:
(1) to or for the benefit of a home or an institution in which
formerly abused or neglected children are cared for under the
supervision of the department; or
(2) for the benefit of children who are committed to the care or
supervision of the department.
(b) The department may invest or reinvest money received under
this section in the same types of securities in which life insurance
companies are authorized by law to invest the money of the life
insurance companies.
(c) The following shall be kept in the child trust clearance account
established under section 20.2 of this chapter and may not be
commingled with any other fund or account or with money received
from taxation:
(1) All money received by the department under this section.
(2) All money, proceeds, or income realized from real property
or other investments.
(d) Subject to the approval of the director, money described in
subsection (c)(1) or (c)(2) may be expended by the department in any
manner consistent with the purposes of the child trust clearance
account and with the intention of the donor. As added by P.L.146-2008, SEC.567.
IC 31-25-2-20.2 Receipt and administration of money to or for the benefit of
persons receiving payments or services; child trust clearance
account; commingling prohibited
Sec. 20.2. (a) This section does not apply to:
(1) money received before January 1, 2009, to reimburse the
county family and children's fund for expenditures made from
the appropriations of the counties; or
(2) money received after December 31, 2008, to reimburse the
department for expenditures made by the department for child
services.
(b) The department may receive and administer money available
to or for the benefit of a person receiving payments or services from
the department. The following apply to all money received under this
section:
(1) The money shall be kept in a special account known as the
child trust clearance account and may not be commingled with
any other money.
(2) The money may be expended by the department in any
manner consistent with the following:
(A) The purpose of the child trust clearance account or with
the intention of the donor of the money.
(B) Indiana law. As added by P.L.146-2008, SEC.568.
IC 31-25-2-20.4 Citizen review panels; membership; appointment; duties; response
to report; prohibited acts
Sec. 20.4. (a) The department shall establish at least three (3)
citizen review panels in accordance with the requirements of the
federal Child Abuse Prevention and Treatment Act under 42 U.S.C.
5106a.
(b) A citizen review panel consists of volunteer members who
broadly represent the community in which the panel is established,
including members who have expertise in the prevention and
treatment of child abuse and neglect.
(c) The department shall appoint the citizen review panels in the
following manner:
(1) One (1) panel must be a community child protection team
established in a county under IC 31-33-3-1, selected by the
director of the department with the consent of the team.
(2) One (1) panel must be either:
(A) the statewide child fatality review committee established
under IC 31-33-25-6; or
(B) a local child fatality review team established under
IC 31-33-24-6;
selected by the director of the department with the consent of
the committee or team.
(3) One (1) panel must be a foster care advisory panel
consisting of at least five (5) and not more than eleven (11)
members, selected to the extent feasible from the membership
of any foster care advisory group previously established or
recognized by the department. If the panel consists of seven (7)
or fewer members, the panel must include at least one (1) foster
parent licensed by the department through a county office and
one (1) foster parent licensed by the department through a child
placing agency licensed under IC 31-27-6. If the panel consists
of more than seven (7) members, the panel must include two (2)
foster parents licensed by the department through a county
office and two (2) foster parents licensed by the department
through a child placing agency licensed under IC 31-27-6.
Additional members of the panel must include one (1) or more
individuals who are employed by a child placing agency
licensed under IC 31-27-6 and who provide services to foster
families and children placed by the department in out-of-home
placements, and may include other representatives of child
welfare service providers or persons who provide training to
current or prospective foster parents. All members of this panel
must be individuals who are not employees of the department.
(4) The membership of any additional citizen review panels
established under this section shall be determined by the
director of the department, consistent with the guidelines for
panel membership stated in subsection (b) and the purposes and
functions of the panels as described in this section.
(5) Each citizen review panel shall be appointed for a term of
three (3) years beginning July 1, 2007. Upon expiration of the
term of the panel described in subdivision (1), the director of
the department shall select a community child protection team
established in a different county for the succeeding term. Upon
expiration of the term of the panel described in subdivision (2),
the director of the department shall select a different fatality
review team, or committee, if available, for the succeeding
term. Panels appointed under subdivision (3) or (4) may be
reappointed for successive terms, in the discretion of the
director of the department. The director may appoint individuals
as needed to fill vacancies that occur during the term of any
panel appointed under subdivision (3) or (4).
(d) A citizen review panel shall evaluate the extent to which a
child welfare agency is effectively discharging the agency's child
protection responsibilities by examining:
(1) the policies and procedures of child welfare agencies;
(2) if appropriate, specific child protective services cases; and
(3) other criteria the citizen review panel considers important to
ensure the protection of children.
(e) Each citizen review panel shall:
(1) meet at least one (1) time every three (3) months; and
(2) prepare and make available to the department and the public
an annual report that contains a summary of the activities of the
citizen review panel.
(f) The department shall, not more than six (6) months after the
date the department receives a report from a citizen review panel
under subsection (e), submit to the citizen review panel a written
response indicating whether and how the department will incorporate
the recommendations of the citizen review panel. The department
shall at the same time provide appropriate child welfare agencies
with copies of the department's written response.
(g) A child welfare agency shall make all reports and other
materials in the child welfare agency's possession available to a
citizen review panel established under this section, including any
reports and materials that the child welfare agency has received from
other agencies.
(h) A member of a citizen review panel may not disclose to a
person or government official any identifying information that is
provided to the citizen review panel about:
(1) a specific child protective services case or child welfare
agency case;
(2) a child or member of the child's family who is the subject of
a child protective services assessment; or
(3) any other individuals identified in confidential reports,
documents, or other materials.
(i) If a member of a citizen review panel violates subsection (h),
the department may remove the member from the citizen review
panel.
(j) A child welfare agency shall cooperate and work with each
citizen review panel established under this section. As added by P.L.138-2007, SEC.46. Amended by P.L.131-2009,
SEC.32. IC 31-25-2-21 Transitional services plan
Sec. 21. (a) As used in this section, "transitional services plan"
means a plan that provides information concerning the following to
an individual described in subsection (b):
(1) Education.
(2) Employment.
(3) Housing.
(4) Health care.
(5) Development of problem solving skills.
(6) Available local, state, and federal financial assistance.
(b) The department shall implement a program that provides a
transitional services plan to the following:
(1) An individual who has become or will become:
(A) eighteen (18) years of age; or
(B) emancipated;
while receiving foster care.
(2) An individual who:
(A) is at least eighteen (18) but less than twenty-one (21)
years of age; and
(B) is receiving foster care for older youth under
IC 31-28-5.7.
(c) The department shall adopt rules under IC 4-22-2, including
emergency rules under IC 4-22-2-37.1, necessary to implement the
program described in this section. As added by P.L.143-2008, SEC.6. Amended by P.L.131-2009,
SEC.33.
IC 31-25-2
Chapter 2. General Duties of the Department of Child Services
IC 31-25-2-1 "Department"
Sec. 1. As used in this article, "department" refers to the
department of child services established by IC 31-25-1-1. As added by P.L.145-2006, SEC.271.
IC 31-25-2-2 Personnel
Sec. 2. The director may employ necessary personnel to carry out
the department's responsibilities subject to:
(1) the budget agency's approval under IC 4-12-1-13; and
(2) IC 4-15-2. As added by P.L.145-2006, SEC.271.
IC 31-25-2-2.5 No personal liability for official acts
Sec. 2.5. The following are not personally liable, except to the
state, for an official act done or omitted in connection with
performance of duties under this title:
(1) The director of the department.
(2) Other officers and employees of the department. As added by P.L.146-2008, SEC.563.
IC 31-25-2-3 Department organization
Sec. 3. The director shall determine the best manner of organizing
the department to provide the necessary services throughout Indiana
to fulfill the purposes of this article. As added by P.L.145-2006, SEC.271.
IC 31-25-2-4 Family case manager caseload reports
Sec. 4. One (1) time every twelve (12) months, the department
shall submit a report to the budget committee and to the legislative
council that provides data and statistical information regarding
caseloads of family case managers. The report made to the legislative
council must be in an electronic format under IC 5-14-6. As added by P.L.145-2006, SEC.271. Amended by P.L.131-2009,
SEC.26.
IC 31-25-2-4.5 Annual report on notice of twenty-first century scholars program
to individuals receiving foster care
Sec. 4.5. One (1) time every year, the department shall submit a
report to the legislative council that provides:
(1) data and statistical information regarding the number of
individuals receiving foster care who are notified of the
twenty-first century scholars program under IC 21-12-6 and
IC 21-12-6.5, including the percentage of individuals receiving
foster care who are notified; and
(2) information regarding how the department notifies
individuals in foster care of the twenty-first century scholars
program under IC 21-12-6 and IC 21-12-6.5.
The report made to the legislative council must be in an electronic
format under IC 5-14-6. As added by P.L.100-2009, SEC.4.
IC 31-25-2-5 Caseload limitations
Sec. 5. (a) The department shall ensure that the department
maintains staffing levels of family case managers so that each county
has enough family case managers to allow caseloads to be at not
more than:
(1) twelve (12) active cases relating to initial assessments,
including investigations of an allegation of child abuse or
neglect; or
(2) seventeen (17) children monitored and supervised in active
cases relating to ongoing services.
(b) The department shall comply with the maximum caseload
ratios described in subsection (a). As added by P.L.145-2006, SEC.271. Amended by P.L.146-2008,
SEC.564.
IC 31-25-2-6 Report requirements
Sec. 6. The report required under section 4 of this chapter must do
the following:
(1) Indicate the department's progress in recruiting, training, and
retaining family case managers.
(2) Describe the methodology used to compute caseloads for
each family case manager.
(3) Indicate whether the statewide average caseloads for family
case managers exceed the caseload standards established by the
department.
(4) If the report indicates that average caseloads exceed
caseload standards, include a written plan that indicates the
steps that are being taken to reduce caseloads.
(5) Identify, describe, and, if appropriate, recommend best
management practices and resources required to achieve
effective and efficient delivery of child protection services. As added by P.L.145-2006, SEC.271. Amended by P.L.131-2009,
SEC.27.
IC 31-25-2-7 Department duties
Sec. 7. (a) The department is responsible for the following:
(1) Providing child protection services under this article.
(2) Providing and administering child abuse and neglect
prevention services.
(3) Providing and administering child services.
(4) Providing and administering family services.
(5) Providing family preservation services under IC 31-26-5.
(6) Regulating and licensing the following under IC 31-27:
(A) Child caring institutions.
(B) Foster family homes.
(C) Group homes.
(D) Child placing agencies.
(7) Administering the state's plan for the administration of Title
IV-D of the federal Social Security Act (42 U.S.C. 651 et seq.).
(8) Administering foster care services.
(9) Administering independent living services (as described in
42 U.S.C. 677 et seq.).
(10) Administering adoption services.
(11) Certifying and providing grants to the youth services
bureaus under IC 31-26-1.
(12) Administering the project safe program.
(13) Paying for programs and services as provided under
IC 31-40.
(b) This chapter does not authorize or require the department to:
(1) investigate or report on proceedings under IC 31-17-2
relating to a child who is not the subject of an open child in
need of services case under IC 31-34; or
(2) otherwise monitor child custody or visitation in dissolution
of marriage proceedings.
(c) This chapter does not authorize or require the department to:
(1) conduct home studies; or
(2) otherwise participate in guardianship proceedings under
IC 29-3;
other than those over which the juvenile court has jurisdiction under
IC 29-3-2-1(c) or IC 31-30-1-1(10). As added by P.L.145-2006, SEC.271. Amended by P.L.146-2008,
SEC.565.
IC 31-25-2-8 Department as single state agency responsible for administering
certain grants, funds, and programs; Title IV-E on behalf of Indian
children
Sec. 8. (a) The department is the single state agency responsible
for administering the following:
(1) Title IV-B of the federal Social Security Act under 42
U.S.C. 620 et seq.
(2) Title IV-E of the federal Social Security Act under 42
U.S.C. 670 et seq.
(3) The federal Child Abuse Prevention and Treatment Act
under 42 U.S.C. 5106 et seq.
(4) The federal Social Services Block Grant under 42 U.S.C.
1397 et seq.
(5) Any other federal program that provides funds to states for
services related to the prevention of child abuse and neglect,
child welfare services, foster care, independent living, or
adoption services.
(b) This subsection applies beginning October 1, 2009. Under 42
U.S.C. 671(a)(32), the department shall negotiate in good faith with
any Indian tribe, tribal organization, or tribal consortium in the state
that requests to develop an agreement with the state to administer all
or part of Title IV-E of the federal Social Security Act under 42
U.S.C. 670 et seq., on behalf of Indian children who are under the
authority of the tribe, tribal organization, or tribal consortium. As added by P.L.145-2006, SEC.271. Amended by P.L.131-2009,
SEC.28.
IC 31-25-2-9
Repealed
(Repealed by P.L.1-2009, SEC.174.)
IC 31-25-2-10 Department duties concerning staff
Sec. 10. (a) This section applies after June 30, 2008.
(b) The department of child services:
(1) must have sufficient qualified and trained staff to:
(A) fulfill the purpose of this article;
(B) comply with the maximum caseload ratios for:
(i) family case managers; and
(ii) child welfare caseworkers;
as set forth in IC 31-25-2-5;
(2) must be organized to maximize the continuity of
responsibility, care, and service of individual family case
managers toward individual children and families;
(3) must provide training to representatives of the department
regarding the legal duties of the representatives in carrying out
the responsibility of the department under section 7 of this
chapter, which may consist of various methods of informing the
representatives of their duties, in order to protect the legal rights
and safety of children and families from the initial time of
contact during the investigation through treatment; and
(4) must provide training to representatives of the child
protection services system regarding the constitutional rights of
the child's family, including a child's guardian or custodian, that
is the subject of an assessment of child abuse or neglect
consistent with the Fourth Amendment to the United States
Constitution and Article 1, Section 11 of the Constitution of the
State of Indiana. As added by P.L.145-2006, SEC.271. Amended by P.L.131-2009,
SEC.30.
IC 31-25-2-11 Powers, responsibilities, and duties
Sec. 11. (a) Except in cases involving a child who may be a victim
of institutional abuse or cases in which police investigation also
appears appropriate, the department is the primary public agency
responsible for:
(1) receiving;
(2) assessing or arranging for assessment of; and
(3) coordinating the assessment of;
all reports of a child who may be a victim of known or suspected
child abuse or neglect.
(b) In accordance with a local plan for child protection services,
the department shall, by juvenile court order:
(1) provide protection services to prevent cases where a child
may be a victim of further child abuse or neglect; and
(2) provide for or arrange for and coordinate and monitor the
provision of the services necessary to ensure the safety of
children.
(c) Reasonable efforts must be made to provide family services
designed to prevent a child's removal from the child's parent,
guardian, or custodian. As added by P.L.145-2006, SEC.271. Amended by P.L.131-2009,
SEC.31.
IC 31-25-2-12 Notice of existence of photographs, x-rays, and physical medical
examination reports
Sec. 12. The department shall give notice of the existence and
location of photographs, x-rays, and physical medical examination
reports to:
(1) the appropriate prosecuting attorney; and
(2) the appropriate law enforcement agency, if the law
enforcement agency has not already received the items
described in this section under IC 31-33-10-3. As added by P.L.145-2006, SEC.271.
IC 31-25-2-13 Access to photographs, x-rays, and physical medical examination
reports
Sec. 13. Photographs, x-rays, or physical medical examination
reports shall be made available to:
(1) the law enforcement agency having jurisdiction;
(2) the department;
(3) the prosecuting attorney;
(4) the guardian ad litem; or
(5) the court appointed special advocate appointed by the
juvenile court;
for use in any judicial proceeding relating to the subject matter of a
report made under this article and, to the extent permissible under the
Indiana Rules of Trial Procedure, to the adverse party in any
proceeding arising under this article. As added by P.L.145-2006, SEC.271. IC 31-25-2-14 Cooperation with public and private agencies
Sec. 14. (a) The department shall cooperate with and shall seek
and receive the cooperation of appropriate public and private
agencies, including the following:
(1) Law enforcement agencies.
(2) The courts.
(3) Organizations, groups, and programs providing or concerned
with services related to the prevention, identification, or
treatment of a child who may be a victim of child abuse or
neglect.
(b) The department shall also cooperate with public and private
agencies, organizations, and groups that provide family services
designed to prevent a child's removal from the child's home.
(c) Cooperation and involvement under this section may include
the following:
(1) Consultation services.
(2) Planning.
(3) Case management.
(4) Public education and information services.
(5) Use of each other's facilities, staff, and other training. As added by P.L.145-2006, SEC.271.
IC 31-25-2-15 Purchase of services of public or private agency
Sec. 15. (a) Notwithstanding any other law, the department may
purchase and use the services of any public or private agency if
adequate provision is made for continuity of care and accountability.
(b) If the department purchases services under this article, the
state shall reimburse the expenses, to the extent allowed by state and
federal statutes, rules, and regulations, to the locality or agency in the
same manner and to the same extent as if the services were provided
directly by the department. As added by P.L.145-2006, SEC.271.
IC 31-25-2-16 Department of child services child care fund
Sec. 16. (a) The department of child services child care fund is
established for the purpose of providing training and facilitating
compliance with and enforcement of IC 31-25 through IC 31-28. The
fund shall be administered by the department.
(b) The fund consists of the fees and civil penalties collected
under IC 31-25 through IC 31-28.
(c) The expenses of administering the fund shall be paid from
money in the fund.
(d) 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. Interest that accrues
from these investments shall be deposited in the fund.
(e) Money in the fund at the end of a state fiscal year does not
revert to the state general fund. As added by P.L.145-2006, SEC.271.
IC 31-25-2-17
Repealed
(Repealed by P.L.146-2008, SEC.806.)
IC 31-25-2-18 Rules
Sec. 18. The department may adopt rules under IC 4-22-2
necessary to carry out the department's or bureau's duties under this
article. As added by P.L.145-2006, SEC.271.
IC 31-25-2-19 Adoption fees
Sec. 19. (a) The department may charge the following adoption
fees:
(1) An adoption placement fee that may not exceed the actual
costs incurred by the department for medical expenses of
children and mothers.
(2) A fee that does not exceed the time and travel costs incurred
by the department for home study and investigation concerning
a contemplated adoption.
(b) Fees charged under this section shall be deposited in the child
trust clearance account established under IC 31-25-2-20.2. Money
deposited under this subsection shall be expended by the department
for the following purposes without further appropriation:
(1) The care of children whose adoption is contemplated.
(2) The improvement of adoption services provided by the
department.
(c) The director may adopt rules governing the expenditure of
money under this section.
(d) The department may reduce or waive charges authorized under
this section in hardship cases or for other good cause after
investigation. The department may adopt forms on which the written
authorization is provided. As added by P.L.145-2006, SEC.271. Amended by P.L.146-2008,
SEC.566.
IC 31-25-2-20 Kinship care navigator pilot projects; proposal; kinship care
navigator requirements; contingent upon nonstate or private
funding; annual report; expiration
Sec. 20. (a) The department shall collaborate with at least one (1)
nonprofit community based agency to develop a grant proposal for
submission to potential funding sources, including governmental
entities and private foundations, to establish a minimum of three (3)
kinship care navigator pilot projects to assist kinship caregivers with
understanding and navigating the system of services for children in
out-of-home care.
(b) The proposal under subsection (a) must seek to do the
following:
(1) Divide the whole state into the following three (3) regions:
(A) Northern Indiana.
(B) Central Indiana.
(C) Southern Indiana.
(2) Establish at least one (1) kinship care navigator pilot project
in each region described under subdivision (1) with each project
managed by a participating community based agency.
(c) A person who acts as a kinship care navigator under the
kinship care navigator pilot project shall be required to do the
following:
(1) Have an understanding of the various state agency systems
serving kinship caregivers.
(2) Work in partnership with local community service
providers.
(3) Track trends, concerns, and other factors related to kinship
caregivers.
(4) Assist in establishing stable, respectful relationships
between kinship caregivers and department staff.
(d) The implementation of the kinship care navigator pilot
projects is contingent upon receipt of nonstate or private funding for
the pilot projects.
(e) The department shall report annually to the:
(1) legislative council in an electronic format under IC 5-14-6;
and
(2) governor;
on the implementation of the kinship care navigator pilot projects
with recommendations on statewide implementation of the pilot
projects beginning one (1) year after implementation of the pilot
projects.
(f) The report under subsection (e) must:
(1) provide data that demonstrates whether the kinship care
navigator pilot projects reduced barriers of access to services by
kinship caregivers;
(2) identify statutory and administrative barriers for kinship
caregivers; and
(3) provide recommendations to reduce or eliminate the barriers
to services without adverse consequences to children placed
with kinship caregivers.
(g) This SECTION expires January 1, 2011. As added by P.L.153-2007, SEC.3. Amended by P.L.3-2008,
SEC.239.
IC 31-25-2-20.1 Gift, devise, or bequest of personal property; investment of money;
child trust clearance account; commingling prohibited
Sec. 20.1. (a) The department may receive and administer a gift,
devise, or bequest of personal property, including the income from
real property, that is:
(1) to or for the benefit of a home or an institution in which
formerly abused or neglected children are cared for under the
supervision of the department; or
(2) for the benefit of children who are committed to the care or
supervision of the department.
(b) The department may invest or reinvest money received under
this section in the same types of securities in which life insurance
companies are authorized by law to invest the money of the life
insurance companies.
(c) The following shall be kept in the child trust clearance account
established under section 20.2 of this chapter and may not be
commingled with any other fund or account or with money received
from taxation:
(1) All money received by the department under this section.
(2) All money, proceeds, or income realized from real property
or other investments.
(d) Subject to the approval of the director, money described in
subsection (c)(1) or (c)(2) may be expended by the department in any
manner consistent with the purposes of the child trust clearance
account and with the intention of the donor. As added by P.L.146-2008, SEC.567.
IC 31-25-2-20.2 Receipt and administration of money to or for the benefit of
persons receiving payments or services; child trust clearance
account; commingling prohibited
Sec. 20.2. (a) This section does not apply to:
(1) money received before January 1, 2009, to reimburse the
county family and children's fund for expenditures made from
the appropriations of the counties; or
(2) money received after December 31, 2008, to reimburse the
department for expenditures made by the department for child
services.
(b) The department may receive and administer money available
to or for the benefit of a person receiving payments or services from
the department. The following apply to all money received under this
section:
(1) The money shall be kept in a special account known as the
child trust clearance account and may not be commingled with
any other money.
(2) The money may be expended by the department in any
manner consistent with the following:
(A) The purpose of the child trust clearance account or with
the intention of the donor of the money.
(B) Indiana law. As added by P.L.146-2008, SEC.568.
IC 31-25-2-20.4 Citizen review panels; membership; appointment; duties; response
to report; prohibited acts
Sec. 20.4. (a) The department shall establish at least three (3)
citizen review panels in accordance with the requirements of the
federal Child Abuse Prevention and Treatment Act under 42 U.S.C.
5106a.
(b) A citizen review panel consists of volunteer members who
broadly represent the community in which the panel is established,
including members who have expertise in the prevention and
treatment of child abuse and neglect.
(c) The department shall appoint the citizen review panels in the
following manner:
(1) One (1) panel must be a community child protection team
established in a county under IC 31-33-3-1, selected by the
director of the department with the consent of the team.
(2) One (1) panel must be either:
(A) the statewide child fatality review committee established
under IC 31-33-25-6; or
(B) a local child fatality review team established under
IC 31-33-24-6;
selected by the director of the department with the consent of
the committee or team.
(3) One (1) panel must be a foster care advisory panel
consisting of at least five (5) and not more than eleven (11)
members, selected to the extent feasible from the membership
of any foster care advisory group previously established or
recognized by the department. If the panel consists of seven (7)
or fewer members, the panel must include at least one (1) foster
parent licensed by the department through a county office and
one (1) foster parent licensed by the department through a child
placing agency licensed under IC 31-27-6. If the panel consists
of more than seven (7) members, the panel must include two (2)
foster parents licensed by the department through a county
office and two (2) foster parents licensed by the department
through a child placing agency licensed under IC 31-27-6.
Additional members of the panel must include one (1) or more
individuals who are employed by a child placing agency
licensed under IC 31-27-6 and who provide services to foster
families and children placed by the department in out-of-home
placements, and may include other representatives of child
welfare service providers or persons who provide training to
current or prospective foster parents. All members of this panel
must be individuals who are not employees of the department.
(4) The membership of any additional citizen review panels
established under this section shall be determined by the
director of the department, consistent with the guidelines for
panel membership stated in subsection (b) and the purposes and
functions of the panels as described in this section.
(5) Each citizen review panel shall be appointed for a term of
three (3) years beginning July 1, 2007. Upon expiration of the
term of the panel described in subdivision (1), the director of
the department shall select a community child protection team
established in a different county for the succeeding term. Upon
expiration of the term of the panel described in subdivision (2),
the director of the department shall select a different fatality
review team, or committee, if available, for the succeeding
term. Panels appointed under subdivision (3) or (4) may be
reappointed for successive terms, in the discretion of the
director of the department. The director may appoint individuals
as needed to fill vacancies that occur during the term of any
panel appointed under subdivision (3) or (4).
(d) A citizen review panel shall evaluate the extent to which a
child welfare agency is effectively discharging the agency's child
protection responsibilities by examining:
(1) the policies and procedures of child welfare agencies;
(2) if appropriate, specific child protective services cases; and
(3) other criteria the citizen review panel considers important to
ensure the protection of children.
(e) Each citizen review panel shall:
(1) meet at least one (1) time every three (3) months; and
(2) prepare and make available to the department and the public
an annual report that contains a summary of the activities of the
citizen review panel.
(f) The department shall, not more than six (6) months after the
date the department receives a report from a citizen review panel
under subsection (e), submit to the citizen review panel a written
response indicating whether and how the department will incorporate
the recommendations of the citizen review panel. The department
shall at the same time provide appropriate child welfare agencies
with copies of the department's written response.
(g) A child welfare agency shall make all reports and other
materials in the child welfare agency's possession available to a
citizen review panel established under this section, including any
reports and materials that the child welfare agency has received from
other agencies.
(h) A member of a citizen review panel may not disclose to a
person or government official any identifying information that is
provided to the citizen review panel about:
(1) a specific child protective services case or child welfare
agency case;
(2) a child or member of the child's family who is the subject of
a child protective services assessment; or
(3) any other individuals identified in confidential reports,
documents, or other materials.
(i) If a member of a citizen review panel violates subsection (h),
the department may remove the member from the citizen review
panel.
(j) A child welfare agency shall cooperate and work with each
citizen review panel established under this section. As added by P.L.138-2007, SEC.46. Amended by P.L.131-2009,
SEC.32. IC 31-25-2-21 Transitional services plan
Sec. 21. (a) As used in this section, "transitional services plan"
means a plan that provides information concerning the following to
an individual described in subsection (b):
(1) Education.
(2) Employment.
(3) Housing.
(4) Health care.
(5) Development of problem solving skills.
(6) Available local, state, and federal financial assistance.
(b) The department shall implement a program that provides a
transitional services plan to the following:
(1) An individual who has become or will become:
(A) eighteen (18) years of age; or
(B) emancipated;
while receiving foster care.
(2) An individual who:
(A) is at least eighteen (18) but less than twenty-one (21)
years of age; and
(B) is receiving foster care for older youth under
IC 31-28-5.7.
(c) The department shall adopt rules under IC 4-22-2, including
emergency rules under IC 4-22-2-37.1, necessary to implement the
program described in this section. As added by P.L.143-2008, SEC.6. Amended by P.L.131-2009,
SEC.33.
IC 31-25-2
Chapter 2. General Duties of the Department of Child Services
IC 31-25-2-1 "Department"
Sec. 1. As used in this article, "department" refers to the
department of child services established by IC 31-25-1-1. As added by P.L.145-2006, SEC.271.
IC 31-25-2-2 Personnel
Sec. 2. The director may employ necessary personnel to carry out
the department's responsibilities subject to:
(1) the budget agency's approval under IC 4-12-1-13; and
(2) IC 4-15-2. As added by P.L.145-2006, SEC.271.
IC 31-25-2-2.5 No personal liability for official acts
Sec. 2.5. The following are not personally liable, except to the
state, for an official act done or omitted in connection with
performance of duties under this title:
(1) The director of the department.
(2) Other officers and employees of the department. As added by P.L.146-2008, SEC.563.
IC 31-25-2-3 Department organization
Sec. 3. The director shall determine the best manner of organizing
the department to provide the necessary services throughout Indiana
to fulfill the purposes of this article. As added by P.L.145-2006, SEC.271.
IC 31-25-2-4 Family case manager caseload reports
Sec. 4. One (1) time every twelve (12) months, the department
shall submit a report to the budget committee and to the legislative
council that provides data and statistical information regarding
caseloads of family case managers. The report made to the legislative
council must be in an electronic format under IC 5-14-6. As added by P.L.145-2006, SEC.271. Amended by P.L.131-2009,
SEC.26.
IC 31-25-2-4.5 Annual report on notice of twenty-first century scholars program
to individuals receiving foster care
Sec. 4.5. One (1) time every year, the department shall submit a
report to the legislative council that provides:
(1) data and statistical information regarding the number of
individuals receiving foster care who are notified of the
twenty-first century scholars program under IC 21-12-6 and
IC 21-12-6.5, including the percentage of individuals receiving
foster care who are notified; and
(2) information regarding how the department notifies
individuals in foster care of the twenty-first century scholars
program under IC 21-12-6 and IC 21-12-6.5.
The report made to the legislative council must be in an electronic
format under IC 5-14-6. As added by P.L.100-2009, SEC.4.
IC 31-25-2-5 Caseload limitations
Sec. 5. (a) The department shall ensure that the department
maintains staffing levels of family case managers so that each county
has enough family case managers to allow caseloads to be at not
more than:
(1) twelve (12) active cases relating to initial assessments,
including investigations of an allegation of child abuse or
neglect; or
(2) seventeen (17) children monitored and supervised in active
cases relating to ongoing services.
(b) The department shall comply with the maximum caseload
ratios described in subsection (a). As added by P.L.145-2006, SEC.271. Amended by P.L.146-2008,
SEC.564.
IC 31-25-2-6 Report requirements
Sec. 6. The report required under section 4 of this chapter must do
the following:
(1) Indicate the department's progress in recruiting, training, and
retaining family case managers.
(2) Describe the methodology used to compute caseloads for
each family case manager.
(3) Indicate whether the statewide average caseloads for family
case managers exceed the caseload standards established by the
department.
(4) If the report indicates that average caseloads exceed
caseload standards, include a written plan that indicates the
steps that are being taken to reduce caseloads.
(5) Identify, describe, and, if appropriate, recommend best
management practices and resources required to achieve
effective and efficient delivery of child protection services. As added by P.L.145-2006, SEC.271. Amended by P.L.131-2009,
SEC.27.
IC 31-25-2-7 Department duties
Sec. 7. (a) The department is responsible for the following:
(1) Providing child protection services under this article.
(2) Providing and administering child abuse and neglect
prevention services.
(3) Providing and administering child services.
(4) Providing and administering family services.
(5) Providing family preservation services under IC 31-26-5.
(6) Regulating and licensing the following under IC 31-27:
(A) Child caring institutions.
(B) Foster family homes.
(C) Group homes.
(D) Child placing agencies.
(7) Administering the state's plan for the administration of Title
IV-D of the federal Social Security Act (42 U.S.C. 651 et seq.).
(8) Administering foster care services.
(9) Administering independent living services (as described in
42 U.S.C. 677 et seq.).
(10) Administering adoption services.
(11) Certifying and providing grants to the youth services
bureaus under IC 31-26-1.
(12) Administering the project safe program.
(13) Paying for programs and services as provided under
IC 31-40.
(b) This chapter does not authorize or require the department to:
(1) investigate or report on proceedings under IC 31-17-2
relating to a child who is not the subject of an open child in
need of services case under IC 31-34; or
(2) otherwise monitor child custody or visitation in dissolution
of marriage proceedings.
(c) This chapter does not authorize or require the department to:
(1) conduct home studies; or
(2) otherwise participate in guardianship proceedings under
IC 29-3;
other than those over which the juvenile court has jurisdiction under
IC 29-3-2-1(c) or IC 31-30-1-1(10). As added by P.L.145-2006, SEC.271. Amended by P.L.146-2008,
SEC.565.
IC 31-25-2-8 Department as single state agency responsible for administering
certain grants, funds, and programs; Title IV-E on behalf of Indian
children
Sec. 8. (a) The department is the single state agency responsible
for administering the following:
(1) Title IV-B of the federal Social Security Act under 42
U.S.C. 620 et seq.
(2) Title IV-E of the federal Social Security Act under 42
U.S.C. 670 et seq.
(3) The federal Child Abuse Prevention and Treatment Act
under 42 U.S.C. 5106 et seq.
(4) The federal Social Services Block Grant under 42 U.S.C.
1397 et seq.
(5) Any other federal program that provides funds to states for
services related to the prevention of child abuse and neglect,
child welfare services, foster care, independent living, or
adoption services.
(b) This subsection applies beginning October 1, 2009. Under 42
U.S.C. 671(a)(32), the department shall negotiate in good faith with
any Indian tribe, tribal organization, or tribal consortium in the state
that requests to develop an agreement with the state to administer all
or part of Title IV-E of the federal Social Security Act under 42
U.S.C. 670 et seq., on behalf of Indian children who are under the
authority of the tribe, tribal organization, or tribal consortium. As added by P.L.145-2006, SEC.271. Amended by P.L.131-2009,
SEC.28.
IC 31-25-2-9
Repealed
(Repealed by P.L.1-2009, SEC.174.)
IC 31-25-2-10 Department duties concerning staff
Sec. 10. (a) This section applies after June 30, 2008.
(b) The department of child services:
(1) must have sufficient qualified and trained staff to:
(A) fulfill the purpose of this article;
(B) comply with the maximum caseload ratios for:
(i) family case managers; and
(ii) child welfare caseworkers;
as set forth in IC 31-25-2-5;
(2) must be organized to maximize the continuity of
responsibility, care, and service of individual family case
managers toward individual children and families;
(3) must provide training to representatives of the department
regarding the legal duties of the representatives in carrying out
the responsibility of the department under section 7 of this
chapter, which may consist of various methods of informing the
representatives of their duties, in order to protect the legal rights
and safety of children and families from the initial time of
contact during the investigation through treatment; and
(4) must provide training to representatives of the child
protection services system regarding the constitutional rights of
the child's family, including a child's guardian or custodian, that
is the subject of an assessment of child abuse or neglect
consistent with the Fourth Amendment to the United States
Constitution and Article 1, Section 11 of the Constitution of the
State of Indiana. As added by P.L.145-2006, SEC.271. Amended by P.L.131-2009,
SEC.30.
IC 31-25-2-11 Powers, responsibilities, and duties
Sec. 11. (a) Except in cases involving a child who may be a victim
of institutional abuse or cases in which police investigation also
appears appropriate, the department is the primary public agency
responsible for:
(1) receiving;
(2) assessing or arranging for assessment of; and
(3) coordinating the assessment of;
all reports of a child who may be a victim of known or suspected
child abuse or neglect.
(b) In accordance with a local plan for child protection services,
the department shall, by juvenile court order:
(1) provide protection services to prevent cases where a child
may be a victim of further child abuse or neglect; and
(2) provide for or arrange for and coordinate and monitor the
provision of the services necessary to ensure the safety of
children.
(c) Reasonable efforts must be made to provide family services
designed to prevent a child's removal from the child's parent,
guardian, or custodian. As added by P.L.145-2006, SEC.271. Amended by P.L.131-2009,
SEC.31.
IC 31-25-2-12 Notice of existence of photographs, x-rays, and physical medical
examination reports
Sec. 12. The department shall give notice of the existence and
location of photographs, x-rays, and physical medical examination
reports to:
(1) the appropriate prosecuting attorney; and
(2) the appropriate law enforcement agency, if the law
enforcement agency has not already received the items
described in this section under IC 31-33-10-3. As added by P.L.145-2006, SEC.271.
IC 31-25-2-13 Access to photographs, x-rays, and physical medical examination
reports
Sec. 13. Photographs, x-rays, or physical medical examination
reports shall be made available to:
(1) the law enforcement agency having jurisdiction;
(2) the department;
(3) the prosecuting attorney;
(4) the guardian ad litem; or
(5) the court appointed special advocate appointed by the
juvenile court;
for use in any judicial proceeding relating to the subject matter of a
report made under this article and, to the extent permissible under the
Indiana Rules of Trial Procedure, to the adverse party in any
proceeding arising under this article. As added by P.L.145-2006, SEC.271. IC 31-25-2-14 Cooperation with public and private agencies
Sec. 14. (a) The department shall cooperate with and shall seek
and receive the cooperation of appropriate public and private
agencies, including the following:
(1) Law enforcement agencies.
(2) The courts.
(3) Organizations, groups, and programs providing or concerned
with services related to the prevention, identification, or
treatment of a child who may be a victim of child abuse or
neglect.
(b) The department shall also cooperate with public and private
agencies, organizations, and groups that provide family services
designed to prevent a child's removal from the child's home.
(c) Cooperation and involvement under this section may include
the following:
(1) Consultation services.
(2) Planning.
(3) Case management.
(4) Public education and information services.
(5) Use of each other's facilities, staff, and other training. As added by P.L.145-2006, SEC.271.
IC 31-25-2-15 Purchase of services of public or private agency
Sec. 15. (a) Notwithstanding any other law, the department may
purchase and use the services of any public or private agency if
adequate provision is made for continuity of care and accountability.
(b) If the department purchases services under this article, the
state shall reimburse the expenses, to the extent allowed by state and
federal statutes, rules, and regulations, to the locality or agency in the
same manner and to the same extent as if the services were provided
directly by the department. As added by P.L.145-2006, SEC.271.
IC 31-25-2-16 Department of child services child care fund
Sec. 16. (a) The department of child services child care fund is
established for the purpose of providing training and facilitating
compliance with and enforcement of IC 31-25 through IC 31-28. The
fund shall be administered by the department.
(b) The fund consists of the fees and civil penalties collected
under IC 31-25 through IC 31-28.
(c) The expenses of administering the fund shall be paid from
money in the fund.
(d) 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. Interest that accrues
from these investments shall be deposited in the fund.
(e) Money in the fund at the end of a state fiscal year does not
revert to the state general fund. As added by P.L.145-2006, SEC.271.
IC 31-25-2-17
Repealed
(Repealed by P.L.146-2008, SEC.806.)
IC 31-25-2-18 Rules
Sec. 18. The department may adopt rules under IC 4-22-2
necessary to carry out the department's or bureau's duties under this
article. As added by P.L.145-2006, SEC.271.
IC 31-25-2-19 Adoption fees
Sec. 19. (a) The department may charge the following adoption
fees:
(1) An adoption placement fee that may not exceed the actual
costs incurred by the department for medical expenses of
children and mothers.
(2) A fee that does not exceed the time and travel costs incurred
by the department for home study and investigation concerning
a contemplated adoption.
(b) Fees charged under this section shall be deposited in the child
trust clearance account established under IC 31-25-2-20.2. Money
deposited under this subsection shall be expended by the department
for the following purposes without further appropriation:
(1) The care of children whose adoption is contemplated.
(2) The improvement of adoption services provided by the
department.
(c) The director may adopt rules governing the expenditure of
money under this section.
(d) The department may reduce or waive charges authorized under
this section in hardship cases or for other good cause after
investigation. The department may adopt forms on which the written
authorization is provided. As added by P.L.145-2006, SEC.271. Amended by P.L.146-2008,
SEC.566.
IC 31-25-2-20 Kinship care navigator pilot projects; proposal; kinship care
navigator requirements; contingent upon nonstate or private
funding; annual report; expiration
Sec. 20. (a) The department shall collaborate with at least one (1)
nonprofit community based agency to develop a grant proposal for
submission to potential funding sources, including governmental
entities and private foundations, to establish a minimum of three (3)
kinship care navigator pilot projects to assist kinship caregivers with
understanding and navigating the system of services for children in
out-of-home care.
(b) The proposal under subsection (a) must seek to do the
following:
(1) Divide the whole state into the following three (3) regions:
(A) Northern Indiana.
(B) Central Indiana.
(C) Southern Indiana.
(2) Establish at least one (1) kinship care navigator pilot project
in each region described under subdivision (1) with each project
managed by a participating community based agency.
(c) A person who acts as a kinship care navigator under the
kinship care navigator pilot project shall be required to do the
following:
(1) Have an understanding of the various state agency systems
serving kinship caregivers.
(2) Work in partnership with local community service
providers.
(3) Track trends, concerns, and other factors related to kinship
caregivers.
(4) Assist in establishing stable, respectful relationships
between kinship caregivers and department staff.
(d) The implementation of the kinship care navigator pilot
projects is contingent upon receipt of nonstate or private funding for
the pilot projects.
(e) The department shall report annually to the:
(1) legislative council in an electronic format under IC 5-14-6;
and
(2) governor;
on the implementation of the kinship care navigator pilot projects
with recommendations on statewide implementation of the pilot
projects beginning one (1) year after implementation of the pilot
projects.
(f) The report under subsection (e) must:
(1) provide data that demonstrates whether the kinship care
navigator pilot projects reduced barriers of access to services by
kinship caregivers;
(2) identify statutory and administrative barriers for kinship
caregivers; and
(3) provide recommendations to reduce or eliminate the barriers
to services without adverse consequences to children placed
with kinship caregivers.
(g) This SECTION expires January 1, 2011. As added by P.L.153-2007, SEC.3. Amended by P.L.3-2008,
SEC.239.
IC 31-25-2-20.1 Gift, devise, or bequest of personal property; investment of money;
child trust clearance account; commingling prohibited
Sec. 20.1. (a) The department may receive and administer a gift,
devise, or bequest of personal property, including the income from
real property, that is:
(1) to or for the benefit of a home or an institution in which
formerly abused or neglected children are cared for under the
supervision of the department; or
(2) for the benefit of children who are committed to the care or
supervision of the department.
(b) The department may invest or reinvest money received under
this section in the same types of securities in which life insurance
companies are authorized by law to invest the money of the life
insurance companies.
(c) The following shall be kept in the child trust clearance account
established under section 20.2 of this chapter and may not be
commingled with any other fund or account or with money received
from taxation:
(1) All money received by the department under this section.
(2) All money, proceeds, or income realized from real property
or other investments.
(d) Subject to the approval of the director, money described in
subsection (c)(1) or (c)(2) may be expended by the department in any
manner consistent with the purposes of the child trust clearance
account and with the intention of the donor. As added by P.L.146-2008, SEC.567.
IC 31-25-2-20.2 Receipt and administration of money to or for the benefit of
persons receiving payments or services; child trust clearance
account; commingling prohibited
Sec. 20.2. (a) This section does not apply to:
(1) money received before January 1, 2009, to reimburse the
county family and children's fund for expenditures made from
the appropriations of the counties; or
(2) money received after December 31, 2008, to reimburse the
department for expenditures made by the department for child
services.
(b) The department may receive and administer money available
to or for the benefit of a person receiving payments or services from
the department. The following apply to all money received under this
section:
(1) The money shall be kept in a special account known as the
child trust clearance account and may not be commingled with
any other money.
(2) The money may be expended by the department in any
manner consistent with the following:
(A) The purpose of the child trust clearance account or with
the intention of the donor of the money.
(B) Indiana law. As added by P.L.146-2008, SEC.568.
IC 31-25-2-20.4 Citizen review panels; membership; appointment; duties; response
to report; prohibited acts
Sec. 20.4. (a) The department shall establish at least three (3)
citizen review panels in accordance with the requirements of the
federal Child Abuse Prevention and Treatment Act under 42 U.S.C.
5106a.
(b) A citizen review panel consists of volunteer members who
broadly represent the community in which the panel is established,
including members who have expertise in the prevention and
treatment of child abuse and neglect.
(c) The department shall appoint the citizen review panels in the
following manner:
(1) One (1) panel must be a community child protection team
established in a county under IC 31-33-3-1, selected by the
director of the department with the consent of the team.
(2) One (1) panel must be either:
(A) the statewide child fatality review committee established
under IC 31-33-25-6; or
(B) a local child fatality review team established under
IC 31-33-24-6;
selected by the director of the department with the consent of
the committee or team.
(3) One (1) panel must be a foster care advisory panel
consisting of at least five (5) and not more than eleven (11)
members, selected to the extent feasible from the membership
of any foster care advisory group previously established or
recognized by the department. If the panel consists of seven (7)
or fewer members, the panel must include at least one (1) foster
parent licensed by the department through a county office and
one (1) foster parent licensed by the department through a child
placing agency licensed under IC 31-27-6. If the panel consists
of more than seven (7) members, the panel must include two (2)
foster parents licensed by the department through a county
office and two (2) foster parents licensed by the department
through a child placing agency licensed under IC 31-27-6.
Additional members of the panel must include one (1) or more
individuals who are employed by a child placing agency
licensed under IC 31-27-6 and who provide services to foster
families and children placed by the department in out-of-home
placements, and may include other representatives of child
welfare service providers or persons who provide training to
current or prospective foster parents. All members of this panel
must be individuals who are not employees of the department.
(4) The membership of any additional citizen review panels
established under this section shall be determined by the
director of the department, consistent with the guidelines for
panel membership stated in subsection (b) and the purposes and
functions of the panels as described in this section.
(5) Each citizen review panel shall be appointed for a term of
three (3) years beginning July 1, 2007. Upon expiration of the
term of the panel described in subdivision (1), the director of
the department shall select a community child protection team
established in a different county for the succeeding term. Upon
expiration of the term of the panel described in subdivision (2),
the director of the department shall select a different fatality
review team, or committee, if available, for the succeeding
term. Panels appointed under subdivision (3) or (4) may be
reappointed for successive terms, in the discretion of the
director of the department. The director may appoint individuals
as needed to fill vacancies that occur during the term of any
panel appointed under subdivision (3) or (4).
(d) A citizen review panel shall evaluate the extent to which a
child welfare agency is effectively discharging the agency's child
protection responsibilities by examining:
(1) the policies and procedures of child welfare agencies;
(2) if appropriate, specific child protective services cases; and
(3) other criteria the citizen review panel considers important to
ensure the protection of children.
(e) Each citizen review panel shall:
(1) meet at least one (1) time every three (3) months; and
(2) prepare and make available to the department and the public
an annual report that contains a summary of the activities of the
citizen review panel.
(f) The department shall, not more than six (6) months after the
date the department receives a report from a citizen review panel
under subsection (e), submit to the citizen review panel a written
response indicating whether and how the department will incorporate
the recommendations of the citizen review panel. The department
shall at the same time provide appropriate child welfare agencies
with copies of the department's written response.
(g) A child welfare agency shall make all reports and other
materials in the child welfare agency's possession available to a
citizen review panel established under this section, including any
reports and materials that the child welfare agency has received from
other agencies.
(h) A member of a citizen review panel may not disclose to a
person or government official any identifying information that is
provided to the citizen review panel about:
(1) a specific child protective services case or child welfare
agency case;
(2) a child or member of the child's family who is the subject of
a child protective services assessment; or
(3) any other individuals identified in confidential reports,
documents, or other materials.
(i) If a member of a citizen review panel violates subsection (h),
the department may remove the member from the citizen review
panel.
(j) A child welfare agency shall cooperate and work with each
citizen review panel established under this section. As added by P.L.138-2007, SEC.46. Amended by P.L.131-2009,
SEC.32. IC 31-25-2-21 Transitional services plan
Sec. 21. (a) As used in this section, "transitional services plan"
means a plan that provides information concerning the following to
an individual described in subsection (b):
(1) Education.
(2) Employment.
(3) Housing.
(4) Health care.
(5) Development of problem solving skills.
(6) Available local, state, and federal financial assistance.
(b) The department shall implement a program that provides a
transitional services plan to the following:
(1) An individual who has become or will become:
(A) eighteen (18) years of age; or
(B) emancipated;
while receiving foster care.
(2) An individual who:
(A) is at least eighteen (18) but less than twenty-one (21)
years of age; and
(B) is receiving foster care for older youth under
IC 31-28-5.7.
(c) The department shall adopt rules under IC 4-22-2, including
emergency rules under IC 4-22-2-37.1, necessary to implement the
program described in this section. As added by P.L.143-2008, SEC.6. Amended by P.L.131-2009,
SEC.33.
