Indiana Code
Chapter 1. Circumstances Under Which a Child Is a Child in Need of Services
31-34-1-16. Termination of Parental Rights or Transfer of Custody May Not Be Required; Voluntary Placement Agreements

Sec. 16. (a) The department may not:
(1) initiate a court proceeding to:
(A) terminate the parental rights concerning; or
(B) transfer legal custody of; or
(2) require a parent, guardian, or custodian to consent to:
(A) the termination of parental rights; or
(B) transfer of legal custody of;
a child with an emotional, a behavioral, or a mental disorder or a developmental or physical disability who is voluntarily placed out of the home for the purpose of obtaining special treatment or care, solely because the parent, guardian, or custodian is unable to provide the treatment or care. Relinquishment of custody of a child described in this subsection may not be made a condition for receipt of services or care delivered or funded by the department or the local office.
(b) When a child described in subsection (a) is voluntarily placed out of the home to receive special treatment or care, the department and the parent, guardian, or custodian of the child may execute a voluntary placement agreement that includes the following:
(1) A statement that, by entering into a voluntary placement agreement, the parent, guardian, or custodian of the child is not transferring legal custody of the child to the department.
(2) A statement specifying the legal status of the child.
(3) A statement specifying the rights and obligations of the parent, guardian, or custodian.
As added by P.L.282-2001, SEC.3. Amended by P.L.145-2006, SEC.289; P.L.128-2012, SEC.157.

<< Previous

Structure Indiana Code

Indiana Code

Title 31. Family Law and Juvenile Law

Article 34. Juvenile Law: Children in Need of Services

Chapter 1. Circumstances Under Which a Child Is a Child in Need of Services

31-34-1-0.1. Repealed

31-34-1-1. Inability, Refusal, or Neglect of Parent, Guardian, or Custodian to Supply Child With Necessary Food, Clothing, Shelter, Medical Care, Education, or Supervision

31-34-1-2. Act or Omission of Parent, Guardian, or Custodian Seriously Endangering Child's Physical or Mental Health; Victim of Specified Offense

31-34-1-3. Victim of Specified Offense; Living in Household With a Child Victim of a Specified Offense or an Adult Who Committed or Is Charged With a Specified Offense

31-34-1-3.5. Victim of Human or Sexual Trafficking

31-34-1-4. Parent, Guardian, or Custodian Allowing Child's Participation in Obscene Performance

31-34-1-5. Parent, Guardian, or Custodian Allowing Child to Commit Sex Offense

31-34-1-6. Child Substantially Endangering Own or Another's Health

31-34-1-7. Parent, Guardian, or Custodian Failing to Participate in School Disciplinary Proceeding

31-34-1-8. Missing Child

31-34-1-9. Disabled Child Deprived of Necessary Nutrition or Medical or Surgical Intervention

31-34-1-10. Child Born With Fetal Alcohol Syndrome, Neonatal Abstinence Syndrome, or Drugs in the Child's Body

31-34-1-11. Risks or Injuries Arising From Use of Alcohol, Controlled Substance, or Legend Drug by Child's Mother During Pregnancy

31-34-1-12. Exception for Mother's Good Faith Use of Legend Drug According to Prescription

31-34-1-13. Exception for Mother's Good Faith Use of Controlled Substance According to Prescription

31-34-1-14. Exception for Failure of Parent, Guardian, or Custodian to Provide Medical Treatment Because of Religious Beliefs; Rebuttable Presumption; Effect of Presumption

31-34-1-15. Effect of Chapter on Use of Corporal Punishment or Religious Practices

31-34-1-16. Termination of Parental Rights or Transfer of Custody May Not Be Required; Voluntary Placement Agreements