CHAPTER 2. DEFINITIONS - Indiana Statutes

IC 31-9-2
     Chapter 2. Definitions

IC 31-9-2-0.3
"Abandoned"
     Sec. 0.3. "Abandoned", for purposes of the Uniform Child Custody Jurisdiction Act under IC 31-21, has the meaning set forth in IC 31-21-2-2.
As added by P.L.138-2007, SEC.6.

IC 31-9-2-0.4
"Abandoned child"
     Sec. 0.4. "Abandoned child", for purposes of IC 31-34-21-4 and IC 31-35-2-6.5, means a child who is, or who appears to be, not more than forty-five (45) days of age and whose parent:
        (1) has knowingly or intentionally left the child with an emergency medical services provider; and
        (2) did not express an intent to return for the child.
As added by P.L.1-2009, SEC.154.

IC 31-9-2-0.5
"Abandoned infant"
     Sec. 0.5. "Abandoned infant", for purposes of IC 31-34-21-5.6, means:
        (1) a child who is less than twelve (12) months of age and whose parent, guardian, or custodian has knowingly or intentionally left the child in:
            (A) an environment that endangers the child's life or health; or
            (B) a hospital or medical facility;
        and has no reasonable plan to assume the care, custody, and control of the child; or
        (2) a child who is, or who appears to be, not more than forty-five (45) days of age and whose parent:
            (A) has knowingly or intentionally left the child with an emergency medical services provider; and
            (B) did not express an intent to return for the child.
As added by P.L.35-1998, SEC.2. Amended by P.L.133-2000, SEC.1; P.L.217-2001, SEC.2; P.L.1-2009, SEC.155.

IC 31-9-2-0.7
"Account"
     Sec. 0.7. (a) "Account", for purposes of IC 31-25-4, has the meaning set forth in IC 31-25-4-3.
    (b) "Account", for purposes of IC 31-26-1, has the meaning set forth in IC 31-26-1-1.
As added by P.L.145-2006, SEC.170.

IC 31-9-2-0.8
"Active duty"      Sec. 0.8. "Active duty", for purposes of IC 31-14-13-6.3 and IC 31-17-2-21.3, means full-time service in:
        (1) the armed forces of the United States (as defined in IC 5-9-4-3); or
        (2) the National Guard (as defined in IC 5-9-4-4);
for a period that exceeds thirty (30) consecutive days in a calendar year.
As added by P.L.80-2010, SEC.21.

IC 31-9-2-1
"Actual notice"
     Sec. 1. "Actual notice", for purposes of IC 31-19-3, means written notice that is actually received by the putative father.
As added by P.L.1-1997, SEC.1.

IC 31-9-2-2
"Adoptee"
     Sec. 2. "Adoptee", for purposes of IC 31-19-17 through IC 31-19-24, means a person who has been legally adopted.
As added by P.L.1-1997, SEC.1.

IC 31-9-2-3
"Adoption"
     Sec. 3. "Adoption", for purposes of IC 31-19-17 through IC 31-19-24, means the judicial act of creating the relationship of parent and child where the relationship did not exist previously.
As added by P.L.1-1997, SEC.1.

IC 31-9-2-4
"Adoption assistance state"
     Sec. 4. "Adoption assistance state", for purposes of the Interstate Compact on Adoption Assistance under IC 31-19-29, has the meaning set forth in IC 31-19-29-2.
As added by P.L.1-1997, SEC.1.

IC 31-9-2-5
"Adoption history"
     Sec. 5. "Adoption history", for purposes of IC 31-19-17 through IC 31-19-24, means:
        (1) identifying information (as defined in section 54 of this chapter);
        (2) the medical history (as defined in section 78 of this chapter); and
        (3) nonidentifying information (as defined in section 84 of this chapter).
As added by P.L.1-1997, SEC.1.

IC 31-9-2-5.5
"Adoption subsidy"
     Sec. 5.5. "Adoption subsidy", for purposes of IC 31-19-26.5, has

the meaning set forth in IC 31-19-26.5-1.
As added by P.L.146-2008, SEC.532.

IC 31-9-2-6
"Adoptive parent"
     Sec. 6. "Adoptive parent", for purposes of IC 31-19-11 and IC 31-19-17 through IC 31-19-24, means an adult who has become a parent of a child through adoption.
As added by P.L.1-1997, SEC.1. Amended by P.L.129-2005, SEC.1.

IC 31-9-2-7
"Adult"
     Sec. 7. (a) "Adult", for purposes of IC 31-19-17 through IC 31-19-24, means a person who is at least twenty-one (21) years of age.
    (b) "Adult", for purposes of the juvenile law, means a person other than a child.
As added by P.L.1-1997, SEC.1.

IC 31-9-2-8
"Advisory board"
     Sec. 8. "Advisory board", for purposes of IC 31-31-9, refers to the juvenile detention center advisory board described in IC 31-31-9.
As added by P.L.1-1997, SEC.1.

IC 31-9-2-9
"Alleged father"
     Sec. 9. "Alleged father", for purposes of IC 31-14, means any man claiming to be or charged with being a child's biological father.
As added by P.L.1-1997, SEC.1.

IC 31-9-2-9.3
"Applicant"
     Sec. 9.3. (a) "Applicant", for purposes of IC 31-25-3, IC 31-25-4, IC 31-26-2, and IC 31-26-3.5, means a person who has applied for assistance for the applicant or another person.
    (b) "Applicant", for purposes of IC 31-27, means a person who seeks a license to operate a child caring institution, foster family home, group home, or child placing agency.
As added by P.L.145-2006, SEC.171. Amended by P.L.146-2008, SEC.533.

IC 31-9-2-9.5
"Appropriate public authorities"
     Sec. 9.5. "Appropriate public authorities", for purposes of IC 31-28-4, has the meaning set forth in IC 31-28-4-3.
As added by P.L.145-2006, SEC.172.

IC 31-9-2-9.6
"Assessment"      Sec. 9.6. "Assessment", for purposes of IC 31-25 and IC 31-33, means an initial and ongoing investigation or evaluation that includes:
        (1) a review and determination of the safety issues that affect a child and:
            (A) a child's parents, guardians, or custodians; or
            (B) another individual residing in the residence where the child resides or is likely to reside;
        (2) an identification of the underlying causes of the safety issues described in subdivision (1);
        (3) a determination whether child abuse, neglect, or maltreatment occurred; and
        (4) a determination of the needs of a child's family in order for the child to:
            (A) remain in the home safely;
            (B) be returned to the home safely; or
            (C) be placed in an alternative living arrangement.
As added by P.L.131-2009, SEC.6.

IC 31-9-2-9.7
"Assistance"
     Sec. 9.7. "Assistance", for purposes of the following statutes, means money or services regardless of the source, paid or furnished under any of the following statutes:
        (1) IC 31-25-3.
        (2) IC 31-25-4.
        (3) IC 31-26-2.
        (4) IC 31-26-3.5.
As added by P.L.145-2006, SEC.173. Amended by P.L.146-2008, SEC.534.

IC 31-9-2-10
"Birth parent"
     Sec. 10. "Birth parent", for purposes of IC 31-19-17 through IC 31-19-24, means:
        (1) the woman who is legally presumed under Indiana law to be the mother of biological origin of an adoptee;
        (2) the man who is legally presumed under Indiana law to be the father of biological origin of an adoptee; or
        (3) a man who establishes paternity of a child born out of wedlock:
            (A) in a court proceeding; or
            (B) by executing a paternity affidavit under IC 16-37-2-2.1.
As added by P.L.1-1997, SEC.1. Amended by P.L.197-1997, SEC.1.

IC 31-9-2-10.3
"Blind"
     Sec. 10.3. "Blind", for purposes of IC 31-25-3, IC 31-25-4, IC 31-26-2, IC 31-28-1, IC 31-28-2, and IC 31-28-3, means an individual who has vision in the better eye with correcting glasses of

20/200 or less, or a disqualifying visual field defect as determined upon examination by an ophthalmologist or optometrist who has been designated to make such examinations by the county office and approved by the department.
As added by P.L.145-2006, SEC.174. Amended by P.L.146-2008, SEC.535.

IC 31-9-2-10.6
"Board"
     Sec. 10.6. (a) "Board", for purposes of IC 31-25-4, has the meaning set forth in IC 31-25-4-34(a).
    (b) "Board", for purposes of IC 31-26-4, has the meaning set forth in IC 31-26-4-2.
As added by P.L.145-2006, SEC.175.

IC 31-9-2-10.8
"Bureau"
     Sec. 10.8. "Bureau", for purposes of IC 31-16-15 and IC 31-25 has the meaning set forth in IC 31-25-4-1.
As added by P.L.145-2006, SEC.176. Amended by P.L.103-2007, SEC.10.

IC 31-9-2-11
"Caseworker"
     Sec. 11. "Caseworker", for purposes of the juvenile law, means an employee of the department of child services who is classified as a family case manager.
As added by P.L.1-1997, SEC.1. Amended by P.L.146-2006, SEC.11.

IC 31-9-2-12
"Center"
     Sec. 12. "Center", for purposes of IC 31-31-9, means any secure juvenile detention center that operates in a county containing a consolidated city except for a center operated by the federal government. The term includes a juvenile detention facility.
As added by P.L.1-1997, SEC.1.

IC 31-9-2-13
"Child"
     Sec. 13. (a) "Child", for purposes of IC 31-15, IC 31-16 (excluding IC 31-16-12.5), and IC 31-17, means a child or children of both parties to the marriage. The term includes the following:
        (1) Children born out of wedlock to the parties.
        (2) Children born or adopted during the marriage of the parties.
    (b) "Child", for purposes of the Uniform Interstate Family Support Act under IC 31-18, has the meaning set forth in IC 31-18-1-2.
    (c) "Child", for purposes of IC 31-19-5, includes an unborn child.
    (d) Except as otherwise provided in this section, "child", for purposes of the juvenile law, means:
        (1) a person who is less than eighteen (18) years of age;         (2) a person:
            (A) who is eighteen (18), nineteen (19), or twenty (20) years of age; and
            (B) who either:
                (i) is charged with a delinquent act committed before the person's eighteenth birthday; or
                (ii) has been adjudicated a child in need of services before the person's eighteenth birthday; or
        (3) a person:
            (A) who is alleged to have committed an act that would have been murder if committed by an adult;
            (B) who was less than eighteen (18) years of age at the time of the alleged act; and
            (C) who is less than twenty-one (21) years of age.
    (e) "Child", for purposes of IC 31-36-3, means a person who is less than eighteen (18) years of age.
    (f) "Child", for purposes of the Interstate Compact on Juveniles under IC 31-37-23-1, has the meaning set forth in IC 31-37-23-1.
    (g) "Child", for purposes of IC 31-16-12.5, means an individual to whom child support is owed under:
        (1) a child support order issued under IC 31-14-10 or IC 31-16-6; or
        (2) any other child support order that is enforceable under IC 31-16-12.5.
    (h) "Child", for purposes of IC 31-27 and IC 31-32-5, means an individual who is less than eighteen (18) years of age.
    (i) "Child", for purposes of the Uniform Child Custody Jurisdiction Act under IC 31-21, has the meaning set forth in IC 31-21-2-3.
As added by P.L.1-1997, SEC.1. Amended by P.L.27-2004, SEC.1; P.L.145-2006, SEC.177; P.L.120-2007, SEC.1; P.L.138-2007, SEC.7; P.L.133-2008, SEC.4.

IC 31-9-2-14
"Child abuse or neglect"
     Sec. 14. (a) "Child abuse or neglect", for purposes of IC 31-32-11-1, IC 31-33, IC 31-34-7-4, and IC 31-39-8-4, refers to a child who is alleged to be a child in need of services as described in IC 31-34-1-1 through IC 31-34-1-5.
    (b) For purposes of subsection (a), the term under subsection (a) does not refer to a child who is alleged to be a child in need of services if the child is alleged to be a victim of a sexual offense under IC 35-42-4-3 unless the alleged offense under IC 35-42-4-3 involves the fondling or touching of the buttocks, genitals, or female breasts.
    (c) "Child abuse or neglect", for purposes of IC 31-34-2.3, refers to acts or omissions by a person against a child as described in IC 31-34-1-1 through IC 31-34-1-9.
As added by P.L.1-1997, SEC.1. Amended by P.L.1-2006, SEC.496; P.L.52-2007, SEC.6.
IC 31-9-2-14.5
"Child at imminent risk of placement"
     Sec. 14.5. "Child at imminent risk of placement", for purposes of IC 31-26-5, has the meaning set forth in IC 31-26-5-1.
As added by P.L.145-2006, SEC.178.

IC 31-9-2-15
"Child born in wedlock"
     Sec. 15. "Child born in wedlock", for purposes of IC 31-19-9, means a child born to:
        (1) a woman; and
        (2) a man who is presumed to be the child's father under IC 31-14-7-1(1) or IC 31-14-7-1(2) unless the presumption is rebutted.
As added by P.L.1-1997, SEC.1.

IC 31-9-2-16
"Child born out of wedlock"
     Sec. 16. "Child born out of wedlock", for purposes of IC 31-19-3, IC 31-19-4-4, and IC 31-19-9, means a child who is born to:
        (1) a woman; and
        (2) a man who is not presumed to be the child's father under IC 31-14-7-1(1) or IC 31-14-7-1(2).
As added by P.L.1-1997, SEC.1.

IC 31-9-2-16.3
"Child care"
     Sec. 16.3. "Child care", for purposes of IC 31-27, means a service that provides for the care, health, safety, and supervision of a child's social, emotional, and educational growth.
As added by P.L.145-2006, SEC.179.

IC 31-9-2-16.4
"Child caregiver"
     Sec. 16.4. "Child caregiver", for purposes of section 31 of this chapter, means a person who provides, or is responsible for providing, care and supervision of a child (other than a child of whom the person is a parent, stepparent, grandparent, aunt, uncle, sibling, legal guardian or custodian with whom the person resides) at a residential property that is not the child's place of residence, if the person:
        (1) is not required to be licensed as the operator of:
            (A) a child care home under IC 12-17.2-5; or
            (B) a foster family home under IC 31-27-4;
        (2) provides care and supervision of a child while unattended by the child's:
            (A) parent;
            (B) guardian; or
            (C) custodian with whom the child resides; and
        (3) receives more than two thousand dollars ($2,000) in annual

compensation for providing care and supervision of a child or children.
As added by P.L.124-2007, SEC.8.

IC 31-9-2-16.5
"Child care provider"
     Sec. 16.5. "Child care provider", for purposes of IC 31-33-26, has the meaning set forth in IC 31-33-26-1.
As added by P.L.36-2001, SEC.1. Amended by P.L.138-2007, SEC.8.

IC 31-9-2-16.7
"Child caring institution"
     Sec. 16.7. "Child caring institution", for purposes of IC 31-27, means:
        (1) a residential facility that provides child care on a twenty-four (24) hour basis for more than ten (10) children; or
        (2) a residential facility with a capacity of not more than ten (10) children that does not meet the residential structure requirements of a group home.
As added by P.L.145-2006, SEC.180.

IC 31-9-2-16.8
"Child custody determination"
     Sec. 16.8. "Child custody determination", for purposes of the Uniform Child Custody Jurisdiction Act under IC 31-21, has the meaning set forth in IC 31-21-2-4.
As added by P.L.138-2007, SEC.9.

IC 31-9-2-16.9
"Child custody proceeding"
     Sec. 16.9. "Child custody proceeding", for purposes of the Uniform Child Custody Jurisdiction Act under IC 31-21, has the meaning set forth in IC 31-21-2-5.
As added by P.L.138-2007, SEC.10.

IC 31-9-2-17
"Child in need of services"
     Sec. 17. "Child in need of services", for purposes of this title, refers to a child described in IC 31-34-1.
As added by P.L.1-1997, SEC.1. Amended by P.L.145-2006, SEC.181; P.L.146-2008, SEC.536.

IC 31-9-2-17.5
"Child placing agency"
     Sec. 17.5. "Child placing agency", for purposes of IC 31-27, means a person that provides child welfare services to children and families, including:
        (1) home studies, investigation, and recommendation of families for the purpose of placing, arranging, or causing the placement of children for adoption, foster care, or residential care; and         (2) supervision of those placements.
As added by P.L.1-2007, SEC.189.

IC 31-9-2-17.8
"Child services"
     Sec. 17.8. "Child services", for purposes of this title, means the following:
        (1) Services, other than services that are costs of secure detention, specifically provided by or on behalf of the department for or on behalf of children who are:
            (A) adjudicated to be:
                (i) children in need of services under IC 31-34; or
                (ii) delinquent children under IC 31-37;
            (B) parties in a child in need of services case filed under IC 31-34 or in a delinquency case filed under IC 31-37 before adjudication or entry of a dispositional decree;
            (C) subject to temporary care or supervision by the department under any applicable provision of IC 31-33, IC 31-34, or IC 31-37;
            (D) recipients or beneficiaries of a program of informal adjustment approved under IC 31-34-8 or IC 31-37-9; or
            (E) recipients or beneficiaries of:
                (i) adoption assistance under Title IV-E of the federal Social Security Act (42 U.S.C. 673), as amended;
                (ii) adoption subsidies or assistance under IC 31-19-26.5; or
                (iii) assistance, including emergency assistance or assisted guardianships, provided under Title IV-A of the federal Social Security Act (42 U.S.C. 601 et seq.), as amended.
        (2) Costs of using an institution or facility for providing educational services to children described in subdivision (1)(A), under either IC 20-33-2-29 (if applicable) or IC 20-26-11-13 (if applicable).
        (3) Assistance awarded by the department to a destitute child under IC 31-26-2.
As added by P.L.146-2008, SEC.537.

IC 31-9-2-18
"Child support guidelines"
     Sec. 18. "Child support guidelines", for purposes of IC 31-14-11-8 and IC 31-16-8-1, refers to the guidelines adopted by the Indiana supreme court.
As added by P.L.1-1997, SEC.1.

IC 31-9-2-19
"Child support order"
     Sec. 19. "Child support order", for purposes of the Uniform Interstate Family Support Act under IC 31-18, has the meaning set forth in IC 31-18-1-3.
As added by P.L.1-1997, SEC.1.
IC 31-9-2-19.3
"Child welfare agency"
     Sec. 19.3. "Child welfare agency", for purposes of IC 31-25-2-20.4, means:
        (1) the department of child services; and
        (2) a person (as defined in IC 24-4-14-5) that, directly or indirectly, provides:
            (A) services to a child or family of a child, for which payment is made, in whole or in part, by the department of child services or a local office of the department of child services;
            (B) services to:
                (i) a child who is; or
                (ii) a family with;
            a child at imminent risk of placement (as defined in IC 31-26-5-1) who is referred by the department of child services or a local office of the department of child services to the person for family support or family preservation services; or
            (C) assistance to or works in cooperation with the department of child services in the investigations of allegations of possible child abuse or neglect in accordance with IC 31-33.
As added by P.L.138-2007, SEC.11.

IC 31-9-2-19.5
"Child welfare services"
     Sec. 19.5. "Child welfare services", for purposes of this title, means services provided under a child welfare program.
As added by P.L.145-2006, SEC.182. Amended by P.L.146-2008, SEC.538.

IC 31-9-2-19.6
"Child welfare program"
     Sec. 19.6. "Child welfare program", for purposes of this title, has the meaning set forth in IC 31-26-3.5-1.
As added by P.L.146-2008, SEC.539.

IC 31-9-2-20
"Child with a disability"
     Sec. 20. "Child with a disability", for purposes of IC 31-34-1-9, means an individual who:
        (1) is less than eighteen (18) years of age; and
        (2) has a disability (as defined in IC 22-9-1-3(r)).
As added by P.L.1-1997, SEC.1.

IC 31-9-2-20.3
"Child with special needs"
     Sec. 20.3. "Child with special needs", for purposes of IC 31-19-26.5, has the meaning set forth in IC 31-19-26.5-2. As added by P.L.146-2008, SEC.540.

IC 31-9-2-20.5
"Commencement"
     Sec. 20.5. "Commencement", for purposes of the Uniform Child Custody Jurisdiction Act under IC 31-21, has the meaning set forth in IC 31-21-2-6.
As added by P.L.138-2007, SEC.12.

IC 31-9-2-21
Repealed
    (Repealed by P.L.131-2009, SEC.76.)

IC 31-9-2-22
"Compact"
     Sec. 22. "Compact", for purposes of IC 31-37-23, has the meaning set forth in IC 31-37-23-2.
As added by P.L.1-1997, SEC.1.

IC 31-9-2-22.5
"Conduct a criminal history check"
     Sec. 22.5. "Conduct a criminal history check", for purposes of IC 31-19, IC 31-26, IC 31-27, IC 31-33, IC 31-34, IC 31-37, and IC 31-39-2-13.5, means to:
        (1) request the state police department to:
            (A) release or allow inspection of a limited criminal history (as defined in IC 10-13-3-11) and juvenile history data (as defined in IC 10-13-4-4) concerning a person who is at least fourteen (14) years of age and who is:
                (i) for purposes of IC 31-19, IC 31-26, IC 31-33, IC 31-34, and IC 31-37, currently residing in a location designated by the department of child services or by a juvenile court as the out-of-home placement for a child at the time the child will reside in the location; or
                (ii) for purposes of IC 31-27-4-5, a resident of the applicant's household who is at least fourteen (14) years of age; and
            (B) conduct a:
                (i) fingerprint based criminal history background check of both national and state records data bases concerning a person who is at least eighteen (18) years of age in accordance with IC 10-13-3-27 and IC 10-13-3-39; or
                (ii) national name based criminal history record check (as defined in IC 10-13-3-12.5) of a person who is at least eighteen (18) years of age as described in clause (A) as provided by IC 10-13-3-27.5;
        (2) collect each substantiated report of child abuse or neglect reported in a jurisdiction where a probation officer, a caseworker, or the department of child services has reason to believe that a person described in subdivision (1)(A), or a

person for whom a fingerprint based criminal history background check is required under IC 31, resided within the previous five (5) years; and
        (3) request information concerning any substantiated report of child abuse or neglect relating to a person described in subdivision (1)(A) that is contained in a national registry of substantiated cases of child abuse or neglect that is established and maintained by the United States Department of Health and Human Services, to the extent that the information is accessible under 42 U.S.C. 16990 and any applicable regulations or policies of the Department of Health and Human Services.
As added by P.L.234-2005, SEC.81. Amended by P.L.145-2006, SEC.183; P.L.138-2007, SEC.13.

IC 31-9-2-23
Repealed
     (Repealed by P.L.138-2007, SEC.93.)

IC 31-9-2-24
"Controlled substance"
     Sec. 24. "Controlled substance", for purposes of the juvenile law, has the meaning set forth in IC 35-48-1.
As added by P.L.1-1997, SEC.1.

IC 31-9-2-24.5
"Costs of secure detention"
     Sec. 24.5. "Costs of secure detention", for purposes of this title, has the meaning set forth in IC 31-40-1-1.5.
As added by P.L.146-2008, SEC.541.

IC 31-9-2-25
"Council"
     Sec. 25. "Council", for purposes of IC 31-31-9, refers to the city-county council of the consolidated city within the county.
As added by P.L.1-1997, SEC.1.

IC 31-9-2-26
"County office" or "county office of family and children"
     Sec. 26. "County office" or "county office of family and children", for purposes of this title, refers to a local office of the department.
As added by P.L.1-1997, SEC.1. Amended by P.L.145-2006, SEC.184; P.L.138-2007, SEC.14; P.L.146-2008, SEC.542.

IC 31-9-2-27
"Court"
     Sec. 27. (a) "Court", for purposes of IC 31-15, IC 31-16, and IC 31-17, means the circuit, superior, or other courts of Indiana upon which jurisdiction to enter dissolution decrees has been or may be conferred.
    (b) "Court", for purposes of IC 31-16-15, refers to the court

having jurisdiction over child support orders.
    (c) "Court", for purposes of IC 31-37-23, has the meaning set forth in IC 31-37-23-3.
    (d) "Court", for purposes of the Interstate Compact on Juveniles under IC 31-37-23-1, has the meaning set forth in IC 31-37-23-1.
    (e) "Court", for purposes of IC 31-27, means a circuit or superior court.
    (f) "Court", for purposes of the Uniform Child Custody Jurisdiction Act under IC 31-21, has the meaning set forth in IC 31-21-2-7.
As added by P.L.1-1997, SEC.1. Amended by P.L.145-2006, SEC.185; P.L.138-2007, SEC.15.

IC 31-9-2-28
"Court appointed special advocate"
     Sec. 28. "Court appointed special advocate", for purposes of IC 31-15-6, IC 31-17-6, IC 31-19-16, IC 31-19-16.5, IC 31-28-5, and the juvenile law, means a community volunteer who:
        (1) has completed a training program approved by the court;
        (2) has been appointed by a court to represent and protect the best interests of a child; and
        (3) may research, examine, advocate, facilitate, and monitor a child's situation.
As added by P.L.1-1997, SEC.1. Amended by P.L.196-1997, SEC.1; P.L.14-2000, SEC.63; P.L.133-2008, SEC.5.

IC 31-9-2-29
"Crime"
     Sec. 29. "Crime", for purposes of the juvenile law, means an offense for which an adult might be imprisoned or incarcerated if convicted under the law of the jurisdiction in which the offense is committed.
As added by P.L.1-1997, SEC.1.

IC 31-9-2-29.5
"Crime involving domestic or family violence"
     Sec. 29.5. "Crime involving domestic or family violence" means a crime that occurs when a family or household member commits, attempts to commit, or conspires to commit any of the following against another family or household member:
        (1) A homicide offense under IC 35-42-1.
        (2) A battery offense under IC 35-42-2.
        (3) Kidnapping or confinement under IC 35-42-3.
        (4) A sex offense under IC 35-42-4.
        (5) Robbery under IC 35-42-5.
        (6) Arson or mischief under IC 35-43-1.
        (7) Burglary or trespass under IC 35-43-2.
        (8) Disorderly conduct under IC 35-45-1.
        (9) Intimidation or harassment under IC 35-45-2.
        (10) Voyeurism under IC 35-45-4.         (11) Stalking under IC 35-45-10.
        (12) An offense against the family under IC 35-46-1-2 through IC 35-46-1-8, IC 35-46-1-12, or IC 35-46-1-15.1.
        (13) Human and sexual trafficking crimes under IC 35-42-3.5.
        (14) A crime involving animal cruelty and a family or household member under IC 35-46-3-12(b)(2) or IC 35-46-3-12.5.
As added by P.L.133-2002, SEC.20. Amended by P.L.173-2006, SEC.46; P.L.171-2007, SEC.1; P.L.111-2009, SEC.6.

IC 31-9-2-29.7
Repealed
     (Repealed by P.L.234-2005, SEC.192.)

IC 31-9-2-30
"Custodial parent"
     Sec. 30. "Custodial parent", for purposes of IC 31-14-13-8, IC 31-14-15, IC 31-16-12.5, IC 31-17-2-22, and IC 31-17-4, means the parent who has been awarded physical custody of a child by a court.
As added by P.L.1-1997, SEC.1. Amended by P.L.27-2004, SEC.2.

IC 31-9-2-31
"Custodian"
     Sec. 31. (a) "Custodian", for purposes of the juvenile law, means a person with whom a child resides.
    (b) "Custodian", for purposes of IC 31-34-1, includes any person who is:
        (1) a license applicant or licensee of:
            (A) a foster home or residential child care facility that is required to be licensed or is licensed under IC 31-27;
            (B) a child care center that is required to be licensed or is licensed under IC 12-17.2-4; or
            (C) a child care home that is required to be licensed or is licensed under IC 12-17.2-5;
        (2) a person who is responsible for care, supervision, or welfare of children while providing services as an owner, operator, director, manager, supervisor, employee, or volunteer at:
            (A) a home, center, or facility described in subdivision (1);
            (B) a child care ministry, as defined in IC 12-7-2-28.8, that is exempt from licensing requirements and is registered or required to be registered under IC 12-17.2-6;
            (C) a home, center, or facility of a child care provider, as defined in IC 12-7-2-149.1(4);
            (D) a home, center, or facility that is the location of a program that provides child care, as defined in section 16.3 of this chapter, to serve migrant children and that is exempt from licensing under IC 12-17.2-2-8(6), whether or not the program is certified as described in IC 12-17.2-2-9; or
            (E) a school, as defined in section 113.5 of this chapter;         (3) a child caregiver, as defined in section 16.4 of this chapter;
        (4) a member of the household of the child's noncustodial parent; or
        (5) an individual who has direct contact, on a regular and continuing basis, with a child for whom care and supervision is provided as described in this subsection.
As added by P.L.1-1997, SEC.1. Amended by P.L.146-2006, SEC.12; P.L.124-2007, SEC.9.

IC 31-9-2-32
Repealed
     (Repealed by P.L.138-2007, SEC.93.)

IC 31-9-2-33
Repealed
     (Repealed by P.L.138-2007, SEC.93.)

IC 31-9-2-34
Repealed
     (Repealed by P.L.138-2007, SEC.93.)

IC 31-9-2-35
Repealed
     (Repealed by P.L.138-2007, SEC.93.)

IC 31-9-2-35.5
"De facto custodian"
     Sec. 35.5. "De facto custodian", for purposes of IC 31-14-13, IC 31-17-2, and IC 31-34-4, means a person who has been the primary caregiver for, and financial support of, a child who has resided with the person for at least:
        (1) six (6) months if the child is less than three (3) years of age; or
        (2) one (1) year if the child is at least three (3) years of age.
Any period after a child custody proceeding has been commenced may not be included in determining whether the child has resided with the person for the required minimum period. The term does not include a person providing care for a child in a foster family home (as defined in IC 31-9-2-46.9).
As added by P.L.96-1999, SEC.1. Amended by P.L.145-2006, SEC.186; P.L.52-2007, SEC.7.

IC 31-9-2-36
"Delinquent"
     Sec. 36. (a) "Delinquent", for purposes of IC 31-16-15, refers to a situation in which an obligor is the equivalent of one (1) month in arrears in the payment of child support ordered by a court.
    (b) "Delinquent", for purposes of IC 31-16-16, refers to a situation in which an obligor is in arrears in the payment of child support ordered by a court in Indiana or another state that has jurisdiction

over the support order.
As added by P.L.1-1997, SEC.1.

IC 31-9-2-37
"Delinquent child"
     Sec. 37. (a) "Delinquent child", for purposes of the juvenile law, except as provided in subsection (b), means:
        (1) a child described in IC 31-37-1-1; or
        (2) a child described in IC 31-37-2-1.
    (b) "Delinquent child", for purposes of IC 31-37-23, has the meaning set forth in IC 31-37-23-4.
As added by P.L.1-1997, SEC.1.

IC 31-9-2-38
"Delinquent juvenile"
     Sec. 38. "Delinquent juvenile", for purposes of the Interstate Compact on Juveniles under IC 31-37-23-1, has the meaning set forth in IC 31-37-23-1.
As added by P.L.1-1997, SEC.1.

IC 31-9-2-38.5
"Department"
     Sec. 38.5. "Department", for purposes of IC 31-19 and IC 31-25 through IC 31-40, has the meaning set forth in IC 31-25-2-1.
As added by P.L.234-2005, SEC.82. Amended by P.L.145-2006, SEC.187; P.L.138-2007, SEC.16.

IC 31-9-2-39
"Dependent child" or "neglected child"
     Sec. 39. "Dependent child" or "neglected child", for purposes of IC 31-37-23, has the meaning set forth in IC 31-37-23-5.
As added by P.L.1-1997, SEC.1.

IC 31-9-2-39.5
"Destitute child"
     Sec. 39.5. "Destitute child", for purposes of this title, means an individual:
        (1) who is needy;
        (2) who is not a public ward;
        (3) who is less than eighteen (18) years of age;
        (4) who has been deprived of parental support or care because of a parent's:
            (A) death;
            (B) continued absence from the home; or
            (C) physical or mental incapacity;
        (5) whose relatives liable for the individual's support are not able to provide adequate care or support for the individual without public assistance; and
        (6) who is in need of foster care, under circumstances that do not require the individual to be made a public ward. As added by P.L.145-2006, SEC.188. Amended by P.L.146-2008, SEC.543.

IC 31-9-2-40
"Director"
     Sec. 40. "Director", for purposes of IC 31-25-1, IC 31-25-2, IC 31-33, IC 31-34, and IC 31-37, refers to the director of the department of child services.
As added by P.L.1-1997, SEC.1. Amended by P.L.55-1997, SEC.10; P.L.234-2005, SEC.83; P.L.145-2006, SEC.190.

IC 31-9-2-41
"Dissolution decree"
     Sec. 41. "Dissolution decree", for purposes of IC 31-15, IC 31-16, and IC 31-17, means a judicial decree entered in a proceeding for the dissolution of marriage which:
        (1) has the effect of terminating the marriage and restoring the parties to the state of unmarried persons; and
        (2) may include those matters set forth in IC 31-15-2-16.
As added by P.L.1-1997, SEC.1.

IC 31-9-2-41.2
Repealed
     (Repealed by P.L.145-2006, SEC.376.)

IC 31-9-2-42
"Domestic or family violence"
     Sec. 42. "Domestic or family violence" means, except for an act of self defense, the occurrence of one (1) or more of the following acts committed by a family or household member:
        (1) Attempting to cause, threatening to cause, or causing physical harm to another family or household member without legal justification.
        (2) Placing a family or household member in fear of physical harm without legal justification.
        (3) Causing a family or household member to involuntarily engage in sexual activity by force, threat of force, or duress.
        (4) Beating (as described in IC 35-46-3-0.5(2)), torturing (as described in IC 35-46-3-0.5(5)), mutilating (as described in IC 35-46-3-0.5(3)), or killing a vertebrate animal without justification with the intent to threaten, intimidate, coerce, harass, or terrorize a family or household member.
For purposes of IC 22-4-15-1 and IC 34-26-5, domestic or family violence also includes stalking (as defined in IC 35-45-10-1) or a sex offense under IC 35-42-4, whether or not the stalking or sex offense is committed by a family or household member.
As added by P.L.1-1997, SEC.1. Amended by P.L.133-2002, SEC.21; P.L.189-2003, SEC.9; P.L.221-2003, SEC.3; P.L.97-2004, SEC.104; P.L.171-2007, SEC.2.
IC 31-9-2-42.3
"Drug or alcohol screen test"
     Sec. 42.3. "Drug or alcohol screen test" means a test used to determine the presence or use of alcohol, a controlled substance, or a drug in a person's bodily substance.
As added by P.L.131-2009, SEC.7.

IC 31-9-2-43
"Duty of support"
     Sec. 43. "Duty of support", for purposes of the Uniform Interstate Family Support Act under IC 31-18, has the meaning set forth in IC 31-18-1-4.
As added by P.L.1-1997, SEC.1.

IC 31-9-2-43.3
"Emergency medical services"
     Sec. 43.3. "Emergency medical services", for purposes of IC 31-33-24, has the meaning set forth in IC 31-33-24-2.
    (b) "Emergency medical services", for purposes of IC 31-33-25, has the meaning set forth in IC 31-33-25-2.
As added by P.L.145-2006, SEC.189.

IC 31-9-2-43.5
"Emergency medical services provider"
     Sec. 43.5. "Emergency medical services provider" has the meaning set forth in IC 16-41-10-1.
As added by P.L.133-2000, SEC.2.

IC 31-9-2-43.8
"Evaluator"
     Sec. 43.8. "Evaluator", for purposes of IC 31-32-2 and IC 31-37-8-4.5, means a person responsible for providing mental health screening, evaluation, or treatment to a child in connection with a juvenile proceeding or probation proceeding under this title.
As added by P.L.120-2007, SEC.2.

IC 31-9-2-44
"Executive authority"
     Sec. 44. "Executive authority", for purposes of IC 31-37-23, has the meaning set forth in IC 31-37-23-6.
As added by P.L.1-1997, SEC.1.

IC 31-9-2-44.3
Repealed
     (Repealed by P.L.146-2008, SEC.804.)

IC 31-9-2-44.5
"Family or household member"
     Sec. 44.5. (a) An individual is a "family or household member" of another person if the individual:         (1) is a current or former spouse of the other person;
        (2) is dating or has dated the other person;
        (3) is engaged or was engaged in a sexual relationship with the other person;
        (4) is related by blood or adoption to the other person;
        (5) is or was related by marriage to the other person;
        (6) has or previously had an established legal relationship:
            (A) as a guardian of the other person;
            (B) as a ward of the other person;
            (C) as a custodian of the other person;
            (D) as a foster parent of the other person; or
            (E) in a capacity with respect to the other person similar to those listed in clauses (A) through (D); or
        (7) has a child in common with the other person.
    (b) An individual is a "family or household member" of both persons to whom subsection (a)(1), (a)(2), (a)(3), (a)(4), (a)(5), (a)(6), or (a)(7) applies if the individual is a minor child of one (1) of the persons.
As added by P.L.133-2002, SEC.22. Amended by P.L.97-2004, SEC.105.

IC 31-9-2-44.8
"Family preservation services"
     Sec. 44.8. "Family preservation services", for purposes of IC 31-26-6, means short term, highly intensive services designed to protect, treat, and support the following:
        (1) A family with a child at risk of placement by enabling the family to remain intact and care for the child at home.
        (2) A family that adopts or plans to adopt an abused or neglected child who is at risk of placement or adoption disruption by assisting the family to achieve or maintain a stable, successful adoption of the child.
As added by P.L.138-2007, SEC.17. Amended by P.L.146-2008, SEC.544.

IC 31-9-2-45
"Family services"
     Sec. 45. "Family services", for purposes of the juvenile law, means services provided to:
        (1) prevent a child from being removed from a parent, guardian, or custodian;
        (2) reunite the child with a parent, guardian, or custodian; or
        (3) implement a permanent plan of adoption, guardianship, or emancipation of a child.
As added by P.L.1-1997, SEC.1.

IC 31-9-2-46
"Final separation"
     Sec. 46. "Final separation", for purposes of IC 31-15-7, means the date of filing of the petition for dissolution of marriage under

IC 31-15-2-4 (or IC 31-1-11.5-3 before its repeal). However, if:
        (1) a legal separation proceeding involving the parties was pending when the petition for dissolution of marriage under IC 31-15-2-4 (or IC 31-1-11.5-3 before its repeal) was filed; or
        (2) a provisional order or final decree for legal separation of the parties was in effect when the petition for dissolution of marriage under IC 31-15-2-4 (or IC 31-1-11.5-3 before its repeal) was filed;
the term means the date that the petition for legal separation was filed under IC 31-15-3-4 (or IC 31-1-11.5-3 before its repeal).
As added by P.L.1-1997, SEC.1.

IC 31-9-2-46.5
"Financial institution"
     Sec. 46.5. "Financial institution", for purposes of IC 31-25-3 and IC 31-25-4, has the meaning set forth in IC 31-25-4-3.
As added by P.L.145-2006, SEC.192.

IC 31-9-2-46.7
"Foster care"
     Sec. 46.7. "Foster care", for purposes of IC 31-25, IC 31-26, IC 31-27, IC 31-28-1, IC 31-28-2, IC 31-28-3, and IC 31-28-5.7, means living in a place licensed under IC 31-27.
As added by P.L.145-2006, SEC.193. Amended by P.L.143-2008, SEC.1.

IC 31-9-2-46.9
"Foster family home"
     Sec. 46.9. (a) "Foster family home", for purposes of IC 31-27, means a place where an individual resides and provides care and supervision on a twenty-four (24) hour basis to:
        (1) a child who satisfies the conditions set forth in subsection (b);
        (2) an individual:
            (A) who is at least eighteen (18) but less than twenty-one (21) years of age;
            (B) who was placed in foster care under the order of a court; and
            (C) who satisfies the conditions set forth in subsection (b); or
        (3) an individual:
            (A) who is at least eighteen (18) but less than twenty-one (21) years of age;
            (B) who is receiving foster care for older youth; and
            (C) who is no longer under the care and supervision of the juvenile court for purposes of placement.
    (b) A child or an individual described in subsection (a)(1) or (a)(2):
        (1) may not be the:
            (A) child;             (B) stepchild;
            (C) grandchild;
            (D) niece;
            (E) nephew; or
            (F) sibling;
        of the individual providing care and supervision;
        (2) must be separated from the child's or individual's:
            (A) parent;
            (B) stepparent;
            (C) guardian;
            (D) custodian; or
            (E) other relative; and
        (3) must be receiving care and supervision under an order of a juvenile court or for the purposes of placement.
    (c) This section may not be construed to require the licensing of an individual who provides foster care to a relative.
As added by P.L.145-2006, SEC.194. Amended by P.L.143-2008, SEC.2.

IC 31-9-2-47
"Foster parent"
     Sec. 47. "Foster parent", for purposes of the juvenile law, means an individual who provides care and supervision to a child in:
        (1) a foster family home (as defined in IC 31-9-2-46.9); or
        (2) a home approved as a foster family home under IC 31-27.
As added by P.L.1-1997, SEC.1. Amended by P.L.145-2006, SEC.195.

IC 31-9-2-47.6
"Fund"
     Sec. 47.6. "Fund", for purposes of IC 31-26-4, has the meaning set forth in IC 31-26-4-3.
As added by P.L.145-2006, SEC.196.

IC 31-9-2-48
"Governor"
     Sec. 48. "Governor", for purposes of IC 31-18-8 in the Uniform Interstate Family Support Act, has the meaning set forth in IC 31-18-8-1(a).
As added by P.L.1-1997, SEC.1.

IC 31-9-2-48.3
"Grandparent visitation"
     Sec. 48.3. "Grandparent visitation", for purposes of IC 31-17-2.2, means visitation rights granted to a grandparent under IC 31-17-5.
As added by P.L.50-2006, SEC.1.

IC 31-9-2-48.5
"Group home"
     Sec. 48.5. "Group home", for purposes of IC 31-27, means a

residential structure in which care is provided on a twenty-four (24) hour basis for not more than ten (10) children.
As added by P.L.145-2006, SEC.197.

IC 31-9-2-49
"Guardian"
     Sec. 49. "Guardian", for purposes of the juvenile law, means a person appointed by a court to have the care and custody of a child or the child's estate, or both.
As added by P.L.1-1997, SEC.1.

IC 31-9-2-50
"Guardian ad litem"
     Sec. 50. "Guardian ad litem", for purposes of IC 31-15-6, IC 31-19-16, IC 31-19-16.5, IC 31-28-5, and the juvenile law, means an attorney, a volunteer, or an employee of a county program designated under IC 33-24-6-4 who is appointed by a court to:
        (1) represent and protect the best interests of a child; and
        (2) provide the child with services requested by the court, including:
            (A) researching;
            (B) examining;
            (C) advocating;
            (D) facilitating; and
            (E) monitoring;
        the child's situation.
A guardian ad litem who is not an attorney must complete the same court approved training program that is required for a court appointed special advocate under section 28 of this chapter.
As added by P.L.1-1997, SEC.1. Amended by P.L.196-1997, SEC.2; P.L.2-1998, SEC.72; P.L.98-2004, SEC.101; P.L.133-2008, SEC.6; P.L.1-2010, SEC.115.

IC 31-9-2-51
"Hard to place child" or "hard to place children"
     Sec. 51. "Hard to place child" or "hard to place children", for purposes of IC 31-19, means a child who is or children who are disadvantaged:
        (1) because of:
            (A) ethnic background;
            (B) race;
            (C) color;
            (D) language;
            (E) physical, ment