Indiana § 31-34-4-2 Placement of child with relative caretaker or de facto custodian;
evaluation; criminal history check required; exceptions; out-of-home
placement; considerations

Indiana Statutes

§ 31-34-4-2 — Placement of child with relative caretaker or de facto custodian; evaluation; criminal history check required; exceptions; out-of-home placement; considerations

Indiana § 31-34-4-2

Art. 34JUVENILE LAW: CHILDREN IN NEED OF

Ch. 4Temporary Placement of Child Taken Into Custody

This text of Indiana § 31-34-4-2 (Placement of child with relative caretaker or de facto custodian; evaluation; criminal history check required; exceptions; out-of-home placement; considerations) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 31-34-4-2 (2026).

Text

(a)If a child alleged to be a child in need of services is taken into custody under an order of the court under this chapter and the court orders out-of-home placement, the department is responsible for that placement and care and must consider placing the child with a:

(1)suitable and willing relative; or

(2)de facto custodian; before considering any other out-of-home placement.

(b)The department shall consider placing a child described in subsection (a) with a relative related by blood, marriage, or adoption before considering any other placement of the child.

(c)Before the department places a child in need of services with a relative or a de facto custodian, the department shall complete an evaluation based on a home visit of the relative's home.

(d)Except as provided in subsectio

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(a) If a child alleged to be a child in need of
services is taken into custody under an order of the court under this
chapter and the court orders out-of-home placement, the department is
responsible for that placement and care and must consider placing the
child with a:
(1) suitable and willing relative; or
(2) de facto custodian;
before considering any other out-of-home placement.
(b) The department shall consider placing a child described in
subsection (a) with a relative related by blood, marriage, or adoption
before considering any other placement of the child.
(c) Before the department places a child in need of services with a
relative or a de facto custodian, the department shall complete an
evaluation based on a home visit of the relative's home.
(d) Except as provided in subsection (f), before placing a child in
need of services in an out-of-home placement, the department shall
conduct a criminal history check of each person who is currently
residing in the location designated as the out-of-home placement.
(e) Except as provided in subsection (g), the department may not
make an out-of-home placement if a person described in subsection (d)
has:
(1) committed an act resulting in a substantiated report of child
abuse or neglect; or
(2) been convicted of a nonwaivable offense, as defined in IC 31-9-2-84.8 or had a juvenile adjudication for an act that would
be a nonwaivable offense, as defined in IC 31-9-2-84.8 if
committed by an adult.
(f) The department is not required to conduct a criminal history
check under subsection (d) if the department makes an out-of-home
placement to an entity or a facility that is not a residence (as defined in
IC 3-5-2.1-90) or that is licensed by the state.
(g) A court may order or the department may approve an
out-of-home placement if:
(1) a person described in subsection (d) has:
(A) committed an act resulting in a substantiated report of child
abuse or neglect;
(B) been convicted of:
(i) battery (IC 35-42-2-1);
(ii) criminal recklessness (IC 35-42-2-2) as a felony;
(iii) criminal confinement (IC 35-42-3-3) as a felony;
(iv) arson (IC 35-43-1-1) as a felony;
(v) nonsupport of a dependent child (IC 35-46-1-5);
(vi) operating a motorboat while intoxicated (IC 35-46-9-6)
as a felony;
(vii) a felony involving a weapon under IC 35-47;
(viii) a felony relating to controlled substances under IC 35-48-4; or
(ix) a felony under IC 9-30-5;
if the conviction did not occur within the past five (5) years; or
(C) had a juvenile adjudication for a nonwaivable offense, as
defined in IC 31-9-2-84.8 that, if committed by an adult, would
be a felony; and
(2) the person's commission of the offense, delinquent act, or act
of abuse or neglect described in subdivision (1) is not relevant to
the person's present ability to care for a child, and the placement
is in the best interest of the child.
However, a court or the department shall not make an out-of-home
placement if the person has been convicted of a nonwaivable offense,
as defined in IC 31-9-2-84.8 that is not specifically excluded under
subdivision (1)(B).
(h) In considering the placement under subsection (g), the court or
the department shall consider the following:
(1) The length of time since the person committed the offense,
delinquent act, or abuse or neglect.
(2) The severity of the offense, delinquent act, or abuse or neglect.
(3) Evidence of the person's rehabilitation, including the person's
cooperation with a treatment plan, if applicable.
[Pre-1997 Recodification Citation: 31-6-4-6(b).]

Legislative History

As added by P.L.1-1997, SEC.17. Amended by P.L.70-2004, SEC.18; P.L.234-2005, SEC.176; P.L.145-2006, SEC.290; P.L.1-2007, SEC.206; P.L.52-2007, SEC.9; P.L.146-2008, SEC.578; P.L.162-2011, SEC.49; P.L.128-2012, SEC.159; P.L.158-2013, SEC.321; P.L.123-2014, SEC.21; P.L.65-2016, SEC.14; P.L.183-2017, SEC.42; P.L.243-2019, SEC.16; P.L.142-2020, SEC.43; P.L.46-2024, SEC.18; P.L.186-2025, SEC.159.