SB 80

           Second Regular Session of the 124th General Assembly (2026)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
  Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2025 Regular Session of the General Assembly.
      SENATE ENROLLED ACT No. 80
    AN ACT to amend the Indiana Code concerning general provisions.
    Be it enacted by the General Assembly of the State of Indiana:
   SECTION 1. IC 2-5-55.7-3, AS ADDED BY P.L.162-2025,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3. (a) The task force consists of the following
twenty-two (22) members, all of whom are voting members:
     (1) Five (5) members of the senate, appointed as follows:
         (A) Three (3) members appointed by the president pro
         tempore, one (1) of whom serves as co-chair of the task force.
         (B) Two (2) members appointed by the minority leader.
     (2) Five (5) members of the house of representatives, appointed
     as follows:
         (A) Three (3) members appointed by the speaker, one (1) of
         whom serves as co-chair of the task force.
         (B) Two (2) members appointed by the minority leader.
     (3) One (1) member who is a judge appointed by the chief justice
     of the supreme court.
     (4) One (1) member appointed by the speaker who represents a
     child placing agency (as defined in IC 31-9-2-17.5).
     IC 31-9-2.1-46).
     (5) One (1) member appointed by the president pro tempore who
     either:
         (A) is an in-home provider; or
         (B) provides family preservation services (as defined in
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         IC 31-9-2-44.8). IC 31-9-2.1-94).
     (6) One (1) member appointed by the speaker who represents a:
         (A) child caring institution (as defined in IC 31-9-2-16.7);
         IC 31-9-2.1-42); or
         (B) private secure facility (as defined in IC 31-9-2-96.5).
         IC 31-9-2.1-186).
     (7) One (1) member appointed by the president pro tempore who
     is a group home (as defined in IC 31-9-2-48.5) IC 31-9-2.1-115)
     provider.
     (8) One (1) member appointed by the speaker who is an older
     foster youth services provider.
     (9) One (1) member appointed by the president pro tempore who
     is a preventative provider that runs a child welfare program (as
     defined in IC 31-26-3.5-1).
     (10) One (1) member appointed by the speaker who is at least
     eighteen (18) years of age and who has lived experience as a child
     within the child welfare system.
     (11) One (1) member appointed by the president pro tempore who
     is a juvenile probation officer.
     (12) The director of the department of child services.
     (13) A deputy director of the department of child services.
     (14) The chief of staff or director of the division of mental health
     and addiction.
   (b) The president pro tempore shall designate one (1) member
appointed under subsection (a)(1)(A) to serve as a co-chair of the task
force for the duration of the task force.
   (c) The speaker shall designate one (1) member appointed under
subsection (a)(2)(A) to serve as a co-chair of the task force for the
duration of the task force.
   (d) A member of the task force serves at the will of the member's
appointing authority for the duration of the task force.
   SECTION 2. IC 3-5-2-49.3, AS AMENDED BY P.L.238-2025,
SECTION 2, IS REPEALED [EFFECTIVE JULY 1, 2026]. Sec. 49.3.
"Uniformed services" means any of the following:
     (1) The United States Army.
     (2) The United States Navy.
     (3) The United States Air Force.
     (4) The United States Marine Corps.
     (5) The United States Coast Guard.
     (6) The United States Space Force.
     (7) The commissioned corps of the Public Health Service.
     (8) The commissioned corps of the National Oceanic and
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     Atmospheric Administration.
    SECTION 3. IC 3-5-2.1-100, AS ADDED BY P.L.186-2025,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 100. "Uniformed services" means any of the
following:
     (1) The United States Army.
     (2) The United States Navy.
     (3) The United States Air Force.
     (4) The United States Marine Corps.
     (5) The United States Coast Guard.
     (6) The United States Space Force.
     (7) The commissioned corps of the Public Health Service.
     (8) The commissioned corps of the National Oceanic and
     Atmospheric Administration.
    SECTION 4. IC 4-4-28-17 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 17. Money in an
account may not be considered:
     (1) an asset of an individual when determining the individual's
     eligibility for assistance under IC 12-14; or
     (2) a countable asset (as defined in IC 12-7-2-44.6).
     IC 12-7-2.1-91).
    SECTION 5. IC 4-10-15-2, AS AMENDED BY P.L.218-2005,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. The warrants may be drawn for the necessary
and current expenses of the following:
     (1) All psychiatric hospitals (as defined in IC 12-7-2-184).
     IC 12-7-2.1-318).
     (2) The Indiana School for the Deaf, established by IC 20-22-2-1.
     (3) The Indiana School for the Blind and Visually Impaired,
     established by IC 20-21-2-1.
     (4) The Indiana Veterans' Home.
     (5) The Plainfield Juvenile Correctional Facility.
    SECTION 6. IC 4-15-2.2-11, AS AMENDED BY P.L.189-2018,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 11. As used in this chapter, "state institution"
means any of the following:
     (1) A state institution (as defined in IC 12-7-2-184).
     IC 12-7-2.1-318).
     (2) A correctional facility owned by the state and operated by the
     department of correction.
     (3) The Indiana School for the Deaf established by IC 20-22-2-1.
     (4) The Indiana School for the Blind and Visually Impaired
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      established by IC 20-21-2-1.
      (5) The Indiana Veterans' Home as described in IC 10-17-9.
      (6) Any other facility owned and operated by the state whose
      employees participate in the state civil service.
    SECTION 7. IC 4-20.5-1-12, AS AMENDED BY P.L.56-2023,
SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 12. "State institution" refers to any of the
following:
      (1) A state institution (as defined in IC 12-7-2-184).
      IC 12-7-2.1-318).
      (2) An institution under the administrative control of the Indiana
      department of health.
      (3) A correctional facility under the administrative control of the
      department of correction.
    SECTION 8. IC 4-20.5-4-2, AS AMENDED BY P.L.56-2023,
SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. (a) This section applies only to the following
agencies:
      (1) A division (as defined in IC 12-7-2-69(c)),
      IC 12-7-2.1-124(c)), for a state institution under the
      administrative control of the division.
      (2) The Indiana department of health, for an institution under the
      administrative control of the Indiana department of health.
      (3) The department of correction, for a correctional facility under
      the administrative control of the department of correction.
    (b) An agency may acquire property by eminent domain.
    (c) Before an agency may acquire property under this section, the
governor must approve the acquisition in writing.
    SECTION 9. IC 4-20.5-10-1, AS AMENDED BY P.L.56-2023,
SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. This chapter applies only to the following
agencies:
      (1) A division (as defined in IC 12-7-2-69(c)),
      IC 12-7-2.1-124(c)), for a state institution under the
      administrative control of the division.
      (2) The Indiana department of health, for an institution under the
      administrative control of the Indiana department of health.
      (3) The department of correction, for a correctional facility under
      the administrative control of the department of correction.
    SECTION 10. IC 4-20.5-11-1, AS AMENDED BY P.L.56-2023,
SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. This chapter applies only to the following
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agencies:
      (1) A division (as defined in IC 12-7-2-69(c)),
      IC 12-7-2.1-124(c)), for a state institution under the
      administrative control of the division.
      (2) The Indiana department of health, for an institution under the
      administrative control of the Indiana department of health.
      (3) The department of correction, for a correctional facility under
      the administrative control of the department of correction.
   SECTION 11. IC 4-24-1-1, AS AMENDED BY P.L.67-2017,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. The warden of any state penal or correctional
institution or of any state institution (as defined by IC 12-7-2-184) in
IC 12-7-2.1-318) may compensate any employee of the institution for
damages to the personal property of the employee which damages
occurred in the ordinary course of the employees' employment and
which damages were in no way caused by the negligence of the
employee.
   SECTION 12. IC 4-24-7-1, AS AMENDED BY P.L.136-2018,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. For all claims that any state institution (as
defined by IC 12-7-2-184) in IC 12-7-2.1-318) may have against any
county for the payment of clothing furnished to any patient of such
institution, which patient was admitted to such institution from such
county, the superintendent or warden of such institution shall make out
an account therefor against such county, in a manner as provided under
this chapter.
   SECTION 13. IC 5-1.2-2-32, AS ADDED BY P.L.189-2018,
SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 32. "Health facility", for purposes of IC 5-1.2-7,
means any facility or building that is:
      (1) owned or used by a participating provider;
      (2) located:
          (A) in Indiana; or
          (B) outside Indiana, if the participating provider that operates
          the facility or building, or an affiliate of the participating
          provider, also operates a substantial health facility or facilities,
          as determined by the authority, in Indiana; and
      (3) utilized, directly or indirectly:
          (A) in:
            (i) health care;
            (ii) habilitation, rehabilitation, or therapeutic services;
            (iii) medical research;
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           (iv) the training or teaching of health care personnel; or
           (v) any related supporting services;
         (B) to provide:
           (i) a residential facility for individuals with a physical,
           mental, or emotional disability;
           (ii) a residential facility for individuals with a physical or
           mental illness; or
           (iii) a residential facility for the elderly; or
         (C) as a licensed child caring institution that provides
         residential care described in IC 12-7-2-29(1)
         IC 12-7-2.1-60(1) or corresponding provisions of the laws of
         the state in which the facility or building is located.
   SECTION 14. IC 5-1.2-2-33, AS ADDED BY P.L.189-2018,
SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 33. "Health facility property", for purposes of
IC 5-1.2-7, means any tangible or intangible property or asset owned
or used by a participating provider that:
     (1) is determined by the authority to be necessary or helpful,
     directly or indirectly, to provide:
         (A) health care;
         (B) medical research;
         (C) training or teaching of health care personnel;
         (D) habilitation, rehabilitation, or therapeutic services; or
         (E) any related supporting services;
     regardless of whether the property is in existence at the time of,
     or is to be provided after the making of, the finding;
     (2) is:
         (A) a residential facility for individuals with a physical,
         mental, or emotional disability;
         (B) a residential facility for individuals with a physical or
         mental illness; or
         (C) a residential facility for the elderly; or
     (3) is a licensed child caring institution providing residential care
     described in IC 12-7-2-29(1) IC 12-7-2.1-60(1) or corresponding
     provisions of the laws of the state in which the property is located.
   SECTION 15. IC 5-1.2-2-55, AS AMENDED BY SEA 222-2026,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 55. "Participating provider", for purposes of
financing a health facility and health facility property under IC 5-1.2-7,
means a person, corporation, municipal corporation, political
subdivision, or other entity, public or private, that:
     (1) is located in Indiana or outside Indiana;
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   (2) contracts with the authority for the financing or refinancing of,
   or the lease or other acquisition of, health facility property that is
   located:
       (A) in Indiana; or
       (B) outside Indiana, if the financing, refinancing, lease, or
       other acquisition also includes a substantial component, as
       determined by the authority, for the benefit of a health facility
       or facilities located in Indiana;
   (3) is:
       (A) licensed under IC 12-25, IC 16-21, IC 16-28, or
       corresponding laws of the state in which the property is
       located;
       (B) a regional blood center;
       (C) a community mental health center or community
       intellectual disability and other developmental disabilities
       center (as defined in IC 12-7-2-38 and IC 12-7-2-39
       IC 12-7-2.1-78 and IC 12-7-2.1-77 or corresponding
       provisions of laws of the state in which the property is
       located);
       (D) an entity that:
          (i) contracts with the division of disability, aging, and
          rehabilitative services or the division of mental health and
          addiction to provide the program described in
          IC 12-11-1.1-1(e) or IC 12-22-2; or
          (ii) provides a similar program under the laws of the state in
          which the entity is located;
       (E) a vocational rehabilitation center established under
       IC 12-12-1-4.1(a)(1) or corresponding provisions of the laws
       of the state in which the property is located;
       (F) the owner or operator of a facility that is utilized, directly
       or indirectly, to provide health care, habilitation, rehabilitation,
       therapeutic services, medical research, the training or teaching
       of health care personnel, or any related supporting services, or
       of a residential facility for individuals with a physical, mental,
       or emotional disability, individuals with a physical or mental
       illness, or the elderly;
       (G) a licensed child caring institution providing residential
       care described in IC 12-7-2-29(1) IC 12-7-2.1-60(1) or
       corresponding provisions of the laws of the state in which the
       property is located;
       (H) an integrated health care system between or among
       providers, a health care purchasing alliance, a health insurer
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          or third party administrator that is a participant in an integrated
          health care system, a health maintenance or preferred provider
          organization, or a foundation that supports a health care
          provider; or
          (I) an individual, business entity, or governmental entity that
          owns an equity or membership interest in any of the
          organizations described in clauses (A) through (H); and
      (4) in the case of a person, corporation, municipal corporation,
      political subdivision, or other entity located outside Indiana, is
      owned or controlled by, under common control with, affiliated
      with, or part of an obligated group that includes an entity that
      provides one (1) or more of the following services or facilities in
      Indiana:
          (A) A facility that provides:
             (i) health care;
             (ii) habilitation, rehabilitation, or therapeutic services;
             (iii) medical research;
             (iv) training or teaching of health care personnel; or
             (v) any related supporting services.
          (B) A residential facility for:
             (i) individuals with a physical, mental, or emotional
             disability;
             (ii) individuals with a physical or mental illness; or
             (iii) the elderly.
          (C) A licensed child caring institution providing residential
          care described in IC 12-7-2-29(1). IC 12-7-2.1-60(1).
    SECTION 16. IC 5-2-1-9, AS AMENDED BY P.L.170-2023,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 9. (a) The board shall adopt in accordance with
IC 4-22-2 all necessary rules to carry out the provisions of this chapter.
The rules, which shall be adopted only after necessary and proper
investigation and inquiry by the board, shall include the establishment
of the following:
      (1) A consistent and uniform statewide deadly force policy and
      training program, that is consistent with state and federal law.
      Upon adoption by the law enforcement training board, the policy
      and training program must be implemented, without modification,
      by all Indiana law enforcement agencies, offices, or departments.
      (2) A consistent and uniform statewide defensive tactics policy
      and training program, that is consistent with state and federal law.
      Upon adoption by the law enforcement training board, the policy
      and training program must be implemented, without modification,
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   by all Indiana law enforcement agencies, offices, or departments.
   (3) A uniform statewide minimum standard for vehicle pursuits
   consistent with state and federal law.
   (4) Minimum standards of physical, educational, mental, and
   moral fitness which shall govern the acceptance of any person for
   training by any law enforcement training school or academy
   meeting or exceeding the minimum standards established
   pursuant to this chapter.
   (5) Minimum standards for law enforcement training schools
   administered by towns, cities, counties, law enforcement training
   centers, agencies, or departments of the state.
   (6) Minimum standards for courses of study, attendance
   requirements, equipment, and facilities for approved town, city,
   county, and state law enforcement officer, police reserve officer,
   and conservation reserve officer training schools.
   (7) Minimum standards for a course of study on cultural diversity
   awareness, including training on the U nonimmigrant visa created
   through the federal Victims of Trafficking and Violence
   Protection Act of 2000 (P.L. 106-386) that must be required for
   each person accepted for training at a law enforcement training
   school or academy. Cultural diversity awareness study must
   include an understanding of cultural issues related to race,
   religion, gender, age, domestic violence, national origin, and
   physical and mental disabilities.
   (8) Minimum qualifications for instructors at approved law
   enforcement training schools.
   (9) Minimum basic training requirements which law enforcement
   officers appointed to probationary terms shall complete before
   being eligible for continued or permanent employment.
   (10) Minimum basic training requirements which law
   enforcement officers appointed on other than a permanent basis
   shall complete in order to be eligible for continued employment
   or permanent appointment.
   (11) Minimum basic training requirements which law
   enforcement officers appointed on a permanent basis shall
   complete in order to be eligible for continued employment.
   (12) Minimum basic training requirements for each person
   accepted for training at a law enforcement training school or
   academy that include six (6) hours of training in interacting with:
       (A) persons with autism, mental illness, addictive disorders,
       intellectual disabilities, and developmental disabilities;
       (B) missing endangered adults (as defined in IC 12-7-2-131.3);
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       IC 12-7-2.1-227); and
       (C) persons with Alzheimer's disease or related senile
       dementia;
   to be provided by persons approved by the secretary of family and
   social services and the board. The training must include an
   overview of the crisis intervention teams.
   (13) Minimum standards for a course of study on human and
   sexual trafficking that must be required for each person accepted
   for training at a law enforcement training school or academy and
   for inservice training programs for law enforcement officers. The
   course must cover the following topics:
       (A) Examination of the human and sexual trafficking laws
       (IC 35-42-3.5).
       (B) Identification of human and sexual trafficking.
       (C) Communicating with traumatized persons.
       (D) Therapeutically appropriate investigative techniques.
       (E) Collaboration with federal law enforcement officials.
       (F) Rights of and protections afforded to victims.
       (G) Providing documentation that satisfies the Declaration of
       Law Enforcement Officer for Victim of Trafficking in Persons
       (Form I-914, Supplement B) requirements established under
       federal law.
       (H) The availability of community resources to assist human
       and sexual trafficking victims.
   (14) Minimum standards for ongoing specialized, intensive, and
   integrative training for persons responsible for investigating
   sexual assault cases involving adult victims. This training must
   include instruction on:
       (A) the neurobiology of trauma;
       (B) trauma informed interviewing; and
       (C) investigative techniques.
   (15) Minimum standards for de-escalation training. De-escalation
   training shall be taught as a part of existing use-of-force training
   and not as a separate topic.
   (16) Minimum standards regarding best practices for crowd
   control, protests, and First Amendment activities.
   (17) Minimum standards for basic training and inservice training
   programs, which may be completed online or by other means of
   virtual instruction, that occur after December 31, 2024, and that
   address the mental health and wellness of law enforcement
   officers including:
       (A) healthy coping skills to preserve the mental health of law
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         enforcement officers and manage the stress and trauma of
         policing;
         (B) recognizing:
            (i) symptoms of posttraumatic stress disorder; and
            (ii) signs of suicidal behavior; and
         (C) information on mental health resources available for law
         enforcement officers.
All statewide policies and minimum standards shall be documented in
writing and published on the Indiana law enforcement academy (ILEA)
website. Any policy, standard, or training program implemented,
adopted, or promulgated by a vote of the board may only subsequently
be modified or rescinded by a two-thirds (2/3) majority vote of the
board.
    (b) A law enforcement officer appointed after July 5, 1972, and
before July 1, 1993, may not enforce the laws or ordinances of the state
or any political subdivision unless the officer has, within one (1) year
from the date of appointment, successfully completed the minimum
basic training requirements established under this chapter by the board.
If a person fails to successfully complete the basic training
requirements within one (1) year from the date of employment, the
officer may not perform any of the duties of a law enforcement officer
involving control or direction of members of the public or exercising
the power of arrest until the officer has successfully completed the
training requirements. This subsection does not apply to any law
enforcement officer appointed before July 6, 1972, or after June 30,
1993.
    (c) Military leave or other authorized leave of absence from law
enforcement duty during the first year of employment after July 6,
1972, shall toll the running of the first year, which shall be calculated
by the aggregate of the time before and after the leave, for the purposes
of this chapter.
    (d) Except as provided in subsections (e), (m), (t), and (u), a law
enforcement officer appointed to a law enforcement department or
agency after June 30, 1993, may not:
      (1) make an arrest;
      (2) conduct a search or a seizure of a person or property; or
      (3) carry a firearm;
unless the law enforcement officer successfully completes, at a board
certified law enforcement academy or at a law enforcement training
center under section 10.5 or 15.2 of this chapter, the basic training
requirements established by the board under this chapter.
    (e) This subsection does not apply to:
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      (1) a gaming agent employed as a law enforcement officer by the
      Indiana gaming commission; or
      (2) an:
          (A) attorney; or
          (B) investigator;
      designated by the securities commissioner as a police officer of
      the state under IC 23-19-6-1(k).
Before a law enforcement officer appointed after June 30, 1993,
completes the basic training requirements, the law enforcement officer
may exercise the police powers described in subsection (d) if the
officer successfully completes the pre-basic course established in
subsection (f). Successful completion of the pre-basic course authorizes
a law enforcement officer to exercise the police powers described in
subsection (d) for one (1) year after the date the law enforcement
officer is appointed.
    (f) The board shall adopt rules under IC 4-22-2 to establish a
pre-basic course for the purpose of training:
      (1) law enforcement officers;
      (2) police reserve officers (as described in IC 36-8-3-20); and
      (3) conservation reserve officers (as described in IC 14-9-8-27);
regarding the subjects of arrest, search and seizure, the lawful use of
force, de-escalation training, interacting with individuals with autism,
and the operation of an emergency vehicle. The pre-basic course must
be offered on a periodic basis throughout the year at regional sites
statewide. The pre-basic course must consist of at least forty (40) hours
of course work. The board may prepare the classroom part of the
pre-basic course using available technology in conjunction with live
instruction. The board shall provide the course material, the instructors,
and the facilities at the regional sites throughout the state that are used
for the pre-basic course. In addition, the board may certify pre-basic
courses that may be conducted by other public or private training
entities, including postsecondary educational institutions.
    (g) Subject to subsection (h), the board shall adopt rules under
IC 4-22-2 to establish a mandatory inservice training program for
police officers and police reserve officers (as described in
IC 36-8-3-20). After June 30, 1993, a law enforcement officer who has
satisfactorily completed basic training and has been appointed to a law
enforcement department or agency on either a full-time or part-time
basis is not eligible for continued employment unless the officer
satisfactorily completes the mandatory inservice training requirements
established by rules adopted by the board. Inservice training must
include de-escalation training. Inservice training must also include:
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      (1) training:
         (A) in interacting with persons with mental illness, addictive
         disorders, intellectual disabilities, autism, developmental
         disabilities, and Alzheimer's disease or related senile
         dementia; and
         (B) provided by persons approved by the secretary of family
         and social services and the board;
      (2) after December 31, 2024, annual training, which may be
      completed online or by other means of virtual instruction, that
      addresses the mental health and wellness of law enforcement
      officers including:
         (A) healthy coping skills to preserve the mental health of law
         enforcement officers and manage the stress and trauma of
         policing;
         (B) recognizing:
            (i) symptoms of posttraumatic stress disorder; and
            (ii) signs of suicidal behavior; and
         (C) information on mental health resources available for law
         enforcement officers; and
      (3) training concerning:
         (A) human and sexual trafficking; and
         (B) high risk missing persons (as defined in IC 5-2-17-1).
The board may approve courses offered by other public or private
training entities, including postsecondary educational institutions, as
necessary in order to ensure the availability of an adequate number of
inservice training programs. The board may waive an officer's inservice
training requirements if the board determines that the officer's reason
for lacking the required amount of inservice training hours is due to
either an emergency situation or the unavailability of courses.
    (h) This subsection applies only to a mandatory inservice training
program under subsection (g). Notwithstanding subsection (g), the
board may, without adopting rules under IC 4-22-2, modify the course
work of a training subject matter, modify the number of hours of
training required within a particular subject matter, or add a new
subject matter, if the board satisfies the following requirements:
      (1) The board must conduct at least two (2) public meetings on
      the proposed modification or addition.
      (2) After approving the modification or addition at a public
      meeting, the board must post notice of the modification or
      addition on the Indiana law enforcement academy's website at
      least thirty (30) days before the modification or addition takes
      effect.
SEA 80 — CC 1
                                   14
If the board does not satisfy the requirements of this subsection, the
modification or addition is void. This subsection does not authorize the
board to eliminate any inservice training subject matter required under
subsection (g).
    (i) The board shall also adopt rules establishing a town marshal and
conservancy district marshal basic training program, subject to the
following:
       (1) The program must require fewer hours of instruction and class
       attendance and fewer courses of study than are required for the
       mandated basic training program.
       (2) Certain parts of the course materials may be studied by a
       candidate at the candidate's home in order to fulfill requirements
       of the program.
       (3) Law enforcement officers successfully completing the
       requirements of the program are eligible for appointment only in
       towns employing the town marshal system (IC 36-5-7) or a
       conservancy district that employs a conservancy district marshal
       under IC 14-33-25 and having not more than one (1) marshal and
       six (6) deputies.
       (4) The limitation imposed by subdivision (3) does not apply to an
       officer who has successfully completed the mandated basic
       training program.
       (5) The time limitations imposed by subsections (b) and (c) for
       completing the training are also applicable to the marshal basic
       training program.
       (6) The program must require training in interacting with
       individuals with autism.
    (j) The board shall adopt rules under IC 4-22-2 to establish an
executive training program. The executive training program must
include training in the following areas:
       (1) Liability.
       (2) Media relations.
       (3) Accounting and administration.
       (4) Discipline.
       (5) Department policy making.
       (6) Lawful use of force and de-escalation training.
       (7) Department programs.
       (8) Emergency vehicle operation.
       (9) Cultural diversity.
       (10) After December 31, 2024, mental health and wellness and
       suicide prevention of law enforcement officers. The training
       requirement under this subdivision may be provided as part of an
SEA 80 — CC 1
                                   15
       online course or by other means of virtual instruction.
    (k) A police chief shall apply for admission to the executive training
program within two (2) months of the date the police chief initially
takes office. A police chief must successfully complete the executive
training program within six (6) months of the date the police chief
initially takes office. However, if space in the executive training
program is not available at a time that will allow completion of the
executive training program within six (6) months of the date the police
chief initially takes office, the police chief must successfully complete
the next available executive training program that is offered after the
police chief initially takes office.
    (l) A police chief who fails to comply with subsection (k) may not
continue to serve as the police chief until completion of the executive
training program. For the purposes of this subsection and subsection
(k), "police chief" refers to:
       (1) the police chief of any city;
       (2) the police chief of any town having a metropolitan police
       department; and
       (3) the chief of a consolidated law enforcement department
       established under IC 36-3-1-5.1.
A town marshal or a conservancy district marshal is not considered to
be a police chief for these purposes, but a town marshal or a
conservancy district marshal may enroll in the executive training
program.
    (m) A fire investigator in the department of homeland security
appointed after December 31, 1993, is required to comply with the
basic training standards established under this chapter.
    (n) The board shall adopt rules under IC 4-22-2 to establish a
program to certify handgun safety courses, including courses offered
in the private sector, that meet standards approved by the board for
training probation officers in handgun safety as required by
IC 11-13-1-3.5(2).
    (o) The board shall adopt rules under IC 4-22-2 to establish a
refresher course for an officer who:
       (1) is hired by an Indiana law enforcement department or agency
       as a law enforcement officer;
       (2) has not been employed as a law enforcement officer for:
          (A) at least two (2) years; and
          (B) less than six (6) years before the officer is hired under
          subdivision (1); and
       (3) completed at any time a basic training course certified or
       recognized by the board before the officer is hired under
SEA 80 — CC 1
                                   16
      subdivision (1).
   (p) An officer to whom subsection (o) applies must successfully
complete the refresher course described in subsection (o) not later than
six (6) months after the officer's date of hire, or the officer loses the
officer's powers of:
      (1) arrest;
      (2) search; and
      (3) seizure.
   (q) The board shall adopt rules under IC 4-22-2 to establish a
refresher course for an officer who:
      (1) is appointed by an Indiana law enforcement department or
      agency as a reserve police officer; and
      (2) has not worked as a reserve police officer for at least two (2)
      years after:
          (A) completing the pre-basic course; or
          (B) leaving the individual's last appointment as a reserve
          police officer.
An officer to whom this subsection applies must successfully complete
the refresher course established by the board in order to work as a
reserve police officer.
   (r) This subsection applies to an individual who, at the time the
individual completes a board certified or recognized basic training
course, has not been appointed as a law enforcement officer by an
Indiana law enforcement department or agency. If the individual is not
employed as a law enforcement officer for at least two (2) years after
completing the basic training course, the individual must successfully
retake and complete the basic training course as set forth in subsection
(d).
   (s) The board shall adopt rules under IC 4-22-2 to establish a
refresher course for an individual who:
      (1) is appointed as a board certified instructor of law enforcement
      training; and
      (2) has not provided law enforcement training instruction for
      more than one (1) year after the date the individual's instructor
      certification expired.
An individual to whom this subsection applies must successfully
complete the refresher course established by the board in order to
renew the individual's instructor certification.
   (t) This subsection applies only to a gaming agent employed as a
law enforcement officer by the Indiana gaming commission. A gaming
agent appointed after June 30, 2005, may exercise the police powers
described in subsection (d) if:
SEA 80 — CC 1
                                   17
      (1) the agent successfully completes the pre-basic course
      established in subsection (f); and
      (2) the agent successfully completes any other training courses
      established by the Indiana gaming commission in conjunction
      with the board.
    (u) This subsection applies only to a securities enforcement officer
designated as a law enforcement officer by the securities
commissioner. A securities enforcement officer may exercise the police
powers described in subsection (d) if:
      (1) the securities enforcement officer successfully completes the
      pre-basic course established in subsection (f); and
      (2) the securities enforcement officer successfully completes any
      other training courses established by the securities commissioner
      in conjunction with the board.
    (v) This subsection applies only to a correctional police officer
employed by the department of correction. A correctional police officer
may exercise the police powers described in subsection (d) if:
      (1) the officer successfully completes the pre-basic course
      described in subsection (f); and
      (2) the officer successfully completes any other training courses
      established by the department of correction in conjunction with
      the board.
    (w) This subsection applies only to the sexual assault training
described in subsection (a)(14). The board shall:
      (1) consult with experts on the neurobiology of trauma, trauma
      informed interviewing, and investigative techniques in developing
      the sexual assault training; and
      (2) develop the sexual assault training and begin offering the
      training not later than July 1, 2022.
    (x) After July 1, 2023, a law enforcement officer who regularly
investigates sexual assaults involving adult victims must complete the
training requirements described in subsection (a)(14) within one (1)
year of being assigned to regularly investigate sexual assaults involving
adult victims.
    (y) A law enforcement officer who regularly investigates sexual
assaults involving adult victims may complete the training
requirements described in subsection (a)(14) by attending a:
      (1) statewide or national training; or
      (2) department hosted local training.
    (z) Notwithstanding any other provisions of this section, the board
is authorized to establish certain required standards of training and
procedure.
SEA 80 — CC 1
                                  18
   SECTION 17. IC 5-2-17-1, AS AMENDED BY P.L.40-2024,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. As used in this chapter, "high risk missing
person" means a person whose whereabouts are not known and who
may be at risk of injury or death. The term includes the following:
     (1) A person who is missing as the result of abduction by a
     stranger.
     (2) A person whose disappearance may be the result of the
     commission of a crime.
     (3) A person whose disappearance occurred under circumstances
     that are inherently dangerous.
     (4) A person who is missing for more than thirty (30) days.
     (5) A missing person who is in need of medical attention or
     prescription medication.
     (6) A missing person who may be at risk due to abduction by a
     noncustodial parent.
     (7) A missing person who is mentally impaired.
     (8) A missing person who is less than twenty-one (21) years of
     age.
     (9) A missing person who has previously been the victim of a
     threat of violence or an act of violence.
     (10) A missing person who has been determined by a law
     enforcement agency to be:
         (A) at risk of injury or death; or
         (B) a person that meets any of the descriptions in subdivisions
         (1) through (9).
     (11) A missing person who is an endangered adult (as defined in
     IC 12-7-2-131.3). IC 12-7-2.1-227).
     (12) A missing person who is a veteran at risk (as defined in
     IC 12-7-2-197.3). IC 12-7-2.1-346).
   SECTION 18. IC 5-2-17-3, AS AMENDED BY P.L.40-2024,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3. A law enforcement agency receiving a report
of a missing:
     (1) child less than eighteen (18) years of age shall comply with
     the requirements of IC 31-36-2;
     (2) endangered adult (as defined in IC 12-7-2-131.3)
     IC 12-7-2.1-227) shall comply with the requirements of
     IC 12-10-18; or
     (3) veteran at risk (as defined in IC 12-7-2-197.3)
     IC 12-7-2.1-346) shall comply with the requirements of
     IC 12-10-18;
SEA 80 — CC 1
                                   19
in addition to the procedures described in this chapter.
    SECTION 19. IC 5-11-1-16, AS AMENDED BY P.L.157-2020,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 16. (a) As used in this article, "municipality"
means any county, township, city, town, school corporation, special
taxing district, or other political subdivision of Indiana.
    (b) As used in this article, "state" means any board, commission,
department, division, bureau, committee, agency, governmental
subdivision, military body, authority, or other instrumentality of the
state, but does not include a municipality.
    (c) As used in this article, "public office" means the office of any
and every individual who for or on behalf of the state or any
municipality or any public hospital holds, receives, disburses, or keeps
the accounts of the receipts and disbursements of any public funds.
    (d) As used in this article, "public officer" means any individual
who holds, receives, disburses, or is required by law to keep any
account of public funds or other funds for which the individual is
accountable by virtue of the individual's public office.
    (e) As used in this article, "entity" means any provider of goods,
services, or other benefits that is:
       (1) maintained in whole or in part at public expense; or
       (2) supported in whole or in part by appropriations or public funds
       or by taxation.
The term does not include the state or a municipality (as defined in this
section).
    (f) As used in this article, a "public hospital" means either of the
following:
       (1) An institution licensed under IC 16-21 and which is owned by
       the state or an agency of the state or one which is a municipal
       corporation. A hospital is a municipal corporation if its governing
       board members are appointed by elected officials of a
       municipality.
       (2) A state institution (as defined in IC 12-7-2-184).
       IC 12-7-2.1-318).
    (g) As used in this article, "audit committee" refers to the audit and
financial reporting subcommittee of the legislative council established
by IC 2-5-1.1-6.3.
    (h) As used in this article, "audited entity" has the meaning set forth
in IC 2-5-1.1-6.3.
    (i) As used in this article, "development authority" has the meaning
set forth in the following:
       (1) IC 36-7.5-1-8.
SEA 80 — CC 1
                                   20
       (2) IC 36-7.6-1-8.
    (j) As used in this article, "responsible officer of an audited entity"
refers to the chief executive officer or another individual who has
executive decision making authority for the audited entity with respect
to a compliance obligation prescribed by or established under this
article or another law.
    SECTION 20. IC 5-16-15-5, AS ADDED BY P.L.149-2021,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 5. (a) As used in this chapter, "public works
project" refers to a construction project governed by an applicable
public works statute.
    (b) The term does not include any of the following:
       (1) A project on the state highway system (as defined in
       IC 8-23-1-40). IC 8-23-1.1-39).
       (2) A railroad project (as defined in IC 8-5-15-1).
    SECTION 21. IC 5-22-12-1, AS AMENDED BY P.L.143-2022,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. This chapter applies only to the following
governmental bodies:
       (1) A state institution (as defined in IC 12-7-2-184).
       IC 12-7-2.1-318).
       (2) A penal facility operated by the department of correction.
       (3) A political subdivision.
    SECTION 22. IC 5-22-15-24 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 24. (a) This section
applies in addition to any requirements placed upon a governmental
entity by the United States Department of Agriculture under the
National School Lunch Program or the School Breakfast Program.
    (b) This section applies to:
       (1) a governmental entity listed in section 1 of this chapter; or
       (2) a business that contracts with a governmental entity listed in
       section 1 of this chapter;
that purchases food or beverages to be processed and served in a
building or room owned or operated by the governmental entity.
    (c) High calcium foods and beverages are preferred supplies. A
purchasing agent shall give a preference to foods and beverages that:
       (1) contain a higher level of calcium than products of the same
       type and quality; and
       (2) are equal in price to or lower in price than products of the
       same type and quality.
    (d) Notwithstanding subsection (c), if the director of a state
institution (as defined in IC 12-7-2-184) IC 12-7-2.1-318) determines
SEA 80 — CC 1
                                    21
that a high calcium food or beverage that is preferred under subsection
(c) would interfere with the proper treatment and care of a patient of
the state institution, the purchasing agent for the state institution is not
required to purchase the high calcium food or beverage for that patient.
    SECTION 23. IC 6-1.1-10-51, AS ADDED BY P.L.230-2025,
SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 51. (a) As used in this section, "child care" has the
meaning set forth in IC 12-7-2-28.2. IC 12-7-2.1-54.
    (b) As used in this section, "early learning advisory committee"
refers to the early learning advisory committee established by
IC 12-17.2-3.8-5.
    (c) As used in this section, "employer" means any person,
corporation, limited liability company, partnership, or other entity with
employees employed at a physical location in Indiana. The term
includes a pass through entity. However, the term does not include an
employer who is in the business of operating a child care facility.
    (d) As used in this section, "office" refers to the office of the
secretary of family and social services established by IC 12-8-1.5-1.
    (e) The part of the gross assessed value of tangible property that is
attributable to tangible property owned and used by an employer, or a
parent company, subsidiary, or affiliate company of an employer, to
provide child care for children of the employer's employees and
children of the employees of another business in accordance with an
agreement entered into under subsection (g) is exempt from property
taxation if the following conditions are met:
       (1) The child care is provided in a facility located on the
       employer's property.
       (2) Subject to subsection (g), the child care is provided only for
       children of the employer's employees.
       (3) The child care facility is licensed by the division of family
       resources under IC 12-17.2.
       (4) The part of the employer's property used to provide child care
       meets standards established by the office and the early learning
       advisory committee for the number of children to be served by the
       child care facility.
    (f) The child care facility may be operated by the employer or under
a contract described in Section 45F(c)(1)(A)(iii) of the Internal
Revenue Code to provide child care services to the employer's
employees.
    (g) An employer may provide child care in a facility described in
subsection (e)(1) for the children of the employees of another business
if the employer and the other business enter into an agreement that
SEA 80 — CC 1
                                   22
outlines the terms under which the child care is to be provided to the
children of the employees of the other business.
   SECTION 24. IC 6-1.1-12-11, AS AMENDED BY P.L.68-2025,
SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 11. (a) Except as provided in section 40.5 of this
chapter, an individual may have the sum of twelve thousand four
hundred eighty dollars ($12,480) deducted from the assessed value of
real property, mobile home not assessed as real property, or
manufactured home not assessed as real property that the individual
owns, or that the individual is buying under a contract that provides
that the individual is to pay property taxes on the real property, mobile
home, or manufactured home, if the contract or a memorandum of the
contract is recorded in the county recorder's office, and if:
      (1) the individual is blind or the individual has a disability;
      (2) the real property, mobile home, or manufactured home is
      principally used and occupied by the individual as the individual's
      residence;
      (3) the individual's taxable gross income for the calendar year
      preceding the year in which the deduction is claimed did not
      exceed seventeen thousand dollars ($17,000); and
      (4) the individual:
          (A) owns the real property, mobile home, or manufactured
          home; or
          (B) is buying the real property, mobile home, or manufactured
          home under contract;
      on the date the statement required by section 12 of this chapter is
      filed.
   (b) For purposes of this section, taxable gross income does not
include income which is not taxed under the federal income tax laws.
   (c) For purposes of this section, "blind" has the same meaning as the
definition contained in IC 12-7-2-21(1). IC 12-7-2.1-38(1).
   (d) For purposes of this section, "individual with a disability" means
a person unable to engage in any substantial gainful activity by reason
of a medically determinable physical or mental impairment which:
      (1) can be expected to result in death; or
      (2) has lasted or can be expected to last for a continuous period of
      not less than twelve (12) months.
   (e) An individual with a disability filing a claim under this section
shall submit proof of the disability. Proof that a claimant is eligible to
receive disability benefits under the federal Social Security Act (42
U.S.C. 301 et seq.) shall constitute proof of disability for purposes of
this section.
SEA 80 — CC 1
                                   23
   (f) An individual with a disability not covered under the federal
Social Security Act shall be examined by a physician and the
individual's status as an individual with a disability determined by
using the same standards as used by the Social Security Administration.
The costs of this examination shall be borne by the claimant.
   (g) An individual who has sold real property, a mobile home not
assessed as real property, or a manufactured home not assessed as real
property to another person under a contract that provides that the
contract buyer is to pay the property taxes on the real property, mobile
home, or manufactured home may not claim the deduction provided
under this section against that real property, mobile home, or
manufactured home.
   (h) This section applies only to property taxes imposed for an
assessment date before January 1, 2025.
   (i) This section expires January 1, 2027.
   SECTION 25. IC 6-1.1-51.3-2, AS AMENDED BY P.L.230-2025,
SECTION 60, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. (a) An individual is entitled to a credit against
local property taxes imposed on the individual's real property, or
mobile home or manufactured home within the county, if:
      (1) the individual is blind or the individual has a disability;
      (2) the real property, mobile home, or manufactured home is
      principally used and occupied by the individual as the individual's
      residence; and
      (3) the individual:
         (A) owns the real property, mobile home, or manufactured
         home; or
         (B) is buying the real property, mobile home, or manufactured
         home under contract;
      on the date the credit is claimed, and in the case of clause (B), the
      contract or a memorandum of the contract is recorded in the
      county recorder's office.
   (b) The amount of the credit is equal to one hundred twenty-five
dollars ($125).
   (c) For purposes of this section, "blind" has the same meaning as the
definition contained in IC 12-7-2-21(1). IC 12-7-2.1-38(1).
   (d) For purposes of this section, "individual with a disability" means
a person unable to engage in any substantial gainful activity by reason
of a medically determinable physical or mental impairment which:
      (1) can be expected to result in death; or
      (2) has lasted or can be expected to last for a continuous period of
      not less than twelve (12) months.
SEA 80 — CC 1
                                   24
    (e) An individual with a disability filing a claim under this section
shall submit proof of the disability. Proof that a claimant is eligible to
receive disability benefits under the federal Social Security Act (42
U.S.C. 301 et seq.) shall constitute proof of disability for purposes of
this section.
    (f) An individual with a disability not covered under the federal
Social Security Act shall be examined by a physician and the
individual's status as an individual with a disability determined by
using the same standards as used by the Social Security Administration.
The costs of this examination shall be borne by the claimant.
    (g) An individual who has sold real property, a mobile home not
assessed as real property, or a manufactured home not assessed as real
property to another person under a contract that provides that the
contract buyer is to pay the property taxes on the real property, mobile
home, or manufactured home may not claim the credit provided under
this section against that real property, mobile home, or manufactured
home.
    (h) An individual wishing to claim a credit under this section must
file a statement, on forms prescribed by the department of local
government finance, with the county auditor and provide
documentation necessary to substantiate the individual's eligibility for
the credit. The statement must be completed and dated on or before
January 15 of the calendar year in which the property taxes are first due
and payable. The statement may be filed in person or by mail. If
mailed, the mailing must be postmarked on or before the last day for
filing. An individual who remains eligible for the credit in the
following year is not required to file a statement to apply for the credit
in the following year. However, an individual who receives a credit
under this section in a particular year and who becomes ineligible for
the credit in the following year shall notify the auditor of the county in
which the homestead is located of the individual's ineligibility not later
than sixty (60) days after the individual becomes ineligible.
    SECTION 26. IC 6-3.6-3-6, AS AMENDED BY HEA 1210-2026,
SECTION 118, IS REPEALED [EFFECTIVE JULY 1, 2028]. Sec. 6.
(a) This section applies to a county in which the county adopting body
is a local income tax council.
    (b) In the case of a city or town that lies within more than one (1)
county, the county auditor of each county shall base the allocations
required by subsections (d) and (e) on the population of that part of the
city or town that lies within the county for which the allocations are
being made.
    (c) Each local income tax council has a total of one hundred (100)
SEA 80 — CC 1
                                   25
votes.
    (d) Each county, city, or town that is a member of a local income tax
council is allocated a percentage of the total one hundred (100) votes
that may be cast. The percentage that a city or town is allocated for a
year equals the same percentage that the population of the city or town
bears to the population of the county. The percentage that the county
is allocated for a year equals the same percentage that the population
of all areas in the county not located in a city or town bears to the
population of the county.
    (e) This subsection applies only to a county with a single voting
bloc. Each individual who sits on the fiscal body of a county, city, or
town that is a member of the local income tax council is allocated for
a year the number of votes equal to the total number of votes allocated
to the particular county, city, or town under subsection (d) divided by
the number of members on the fiscal body of the county, city, or town.
This subsection expires May 31, 2028.
    (f) On or before January 1 of each year, the county auditor shall
certify to each member of the local income tax council the number of
votes, rounded to the nearest one hundredth (0.01), each member has
for that year.
    (g) This subsection applies only to a county with a single voting
bloc. On or before January 1 of each year, in addition to the
certification to each member of the local income tax council under
subsection (f), the county auditor shall certify to each individual who
sits on the fiscal body of each county, city, or town that is a member of
the local income tax council the number of votes, rounded to the
nearest one hundredth (0.01), each individual has under subsection (e)
for that year. This subsection expires May 31, 2028.
    SECTION 27. IC 6-3.6-3-8, AS AMENDED BY HEA 1210-2026,
SECTION 119, IS REPEALED [EFFECTIVE JULY 1, 2028]. Sec. 8.
(a) This section applies to a county in which the county adopting body
is a local income tax council.
    (b) Except as provided in subsection (e), any member of a local
income tax council may present an ordinance for passage. To do so, the
member must adopt a resolution to propose the ordinance to the local
income tax council and distribute a copy of the proposed ordinance to
the county auditor. The county auditor shall treat any proposed
ordinance distributed to the auditor under this section as a casting of all
that member's votes in favor of the proposed ordinance.
    (c) Except as provided in subsection (f), the county auditor shall
deliver copies of a proposed ordinance the auditor receives to all
members of the local income tax council within ten (10) days after
SEA 80 — CC 1
                                   26
receipt. Subject to subsection (d), once a member receives a proposed
ordinance from the county auditor, the member shall vote on it within
thirty (30) days after receipt.
    (d) Except as provided in subsection (h), if, before the elapse of
thirty (30) days after receipt of a proposed ordinance, the county
auditor notifies the member that the members of the local income tax
council have cast a majority of the votes on the local income tax
council for or against the proposed ordinance the member need not
vote on the proposed ordinance.
    (e) This subsection applies only to a county with a single voting bloc
that proposes to increase (but not decrease) a tax rate in the county. The
fiscal body of any county, city, or town that is a member of a local
income tax council may adopt a resolution to propose an ordinance to
increase a tax rate in the county to be voted on by the local income tax
council as a whole as required under section 9.5 of this chapter and
distribute a copy of the proposed ordinance to the county auditor. The
county auditor shall treat the vote tally on the resolution adopted under
this subsection for each individual who is a member of the fiscal body
of the county, city, or town as the voting record for that individual
either for or against the ordinance being proposed for consideration by
the local income tax council as a whole under section 9.5 of this
chapter. This subsection expires May 31, 2028.
    (f) This subsection applies only to a county with a single voting bloc
that proposes to increase (but not decrease) a tax rate in the county. The
county auditor shall deliver copies of a proposed ordinance the auditor
receives under subsection (e) to the fiscal officers of all members of the
local income tax council (other than the member proposing the
ordinance under subsection (e)) within ten (10) days after receipt.
Subject to subsection (h), once a member receives a proposed
ordinance from the county auditor, the member shall vote on it within
thirty (30) days after receipt. This subsection expires May 31, 2028.
    (g) This subsection applies only to a county with a single voting
bloc that proposes to increase (but not decrease) a tax rate in the
county. The fiscal body of each county, city, or town voting on a
resolution to propose an ordinance under subsection (e), or voting on
a proposed ordinance being considered by the local income tax council
as a whole under section 9.5 of this chapter, must take a roll call vote
on the resolution or the proposed ordinance. If an individual who sits
on the fiscal body is absent from the meeting in which a vote is taken
or abstains from voting on the resolution or proposed ordinance, the
fiscal officer of the county, city, or town shall nevertheless consider
that individual's vote as a "no" vote against the resolution or the
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proposed ordinance being considered, whichever is applicable, for
purposes of the vote tally under this section and shall note on the vote
tally that the individual's "no" vote is due to absence or abstention. The
fiscal body of each county, city, or town shall certify the roll call vote
on a resolution or a proposed ordinance, either for or against, to the
county auditor as set forth under this chapter. This subsection expires
May 31, 2028.
    (h) This subsection applies only to a county with a single voting
bloc that proposes to increase (but not decrease) a tax rate in the
county. If, before the elapse of thirty (30) days after receipt of a
proposed ordinance under subsection (e), the county auditor notifies
the member that the individuals who sit on the fiscal bodies of the
county, cities, and towns that are members of the local income tax
council have cast a majority of the votes on the local income tax
council for or against a proposed ordinance voting as a whole under
section 9.5 of this chapter, the member need not vote on the proposed
ordinance under subsection (e). This subsection expires May 31, 2028.
    SECTION 28. IC 6-3.6-6-12, AS AMENDED BY P.L.230-2025,
SECTION 82, IS REPEALED [EFFECTIVE JULY 1, 2027]. Sec. 12.
(a) Except as provided in this chapter and IC 6-3.6-11, this section
applies to an allocation of certified shares in all counties.
    (b) The allocation amount of a civil taxing unit during a calendar
year must be based on the amounts for the calendar year preceding the
distribution year and is equal to the amount determined using the
following formula:
       STEP ONE: Determine the sum of the total property taxes being
       imposed by the civil taxing unit.
       STEP TWO: Determine the sum of the following:
          (A) Amounts appropriated from property taxes to pay the
          principal of or interest on any debenture or other debt
          obligation issued after June 30, 2005, other than an obligation
          described in subsection (c).
          (B) Amounts appropriated from property taxes to make
          payments on any lease entered into after June 30, 2005, other
          than a lease described in subsection (d).
       STEP THREE: Subtract the STEP TWO amount from the STEP
       ONE amount.
       STEP FOUR: In the case of a qualifying municipality as defined
       in IC 6-1.1-18.5-31(d) that is located in a county described in
       IC 6-1.1-18.5-31(a), and only for the allocation of certified shares
       in 2027 and 2028, STEP THREE multiplied by seventy percent
       (70%).
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      STEP FIVE: Determine the sum of:
         (A) the:
            (i) STEP THREE amount; or
            (ii) STEP FOUR amount in the case of a qualifying
            municipality as defined in IC 6-1.1-18.5-31(d) that is located
            in a county described in IC 6-1.1-18.5-31(a);
         (B) the civil taxing unit's certified shares plus the amount
         distributed under section 3(a)(2) of this chapter for the
         previous calendar year; plus
         (C) in the case of a qualifying municipality as defined in
         IC 6-1.1-18.5-31(d) that is located in a county described in
         IC 6-1.1-18.5-31(a), and only for the allocation of certified
         shares in 2026, the amount of the levy for the municipality's
         debt service and lease rental funds that was certified in 2025
         multiplied by fifty-four and five-tenths percent (54.5%). This
         clause expires January 1, 2027.
The allocation amount is subject to adjustment as provided in
IC 36-8-19-7.5.
   (c) Except as provided in this subsection, an appropriation for the
calendar year preceding the distribution year from property taxes to
repay interest and principal of a debt obligation is not deducted from
the allocation amount for a civil taxing unit if:
      (1) the debt obligation was issued; and
      (2) the proceeds were appropriated from property taxes;
to refund or otherwise refinance a debt obligation or a lease issued
before July 1, 2005. However, an appropriation from property taxes
related to a debt obligation issued after June 30, 2005, is deducted if
the debt extends payments on a debt or lease beyond the time in which
the debt or lease would have been payable if the debt or lease had not
been refinanced or increases the total amount that must be paid on a
debt or lease in excess of the amount that would have been paid if the
debt or lease had not been refinanced. The amount of the deduction is
the annual amount for each year of the extension period or the annual
amount of the increase over the amount that would have been paid.
   (d) Except as provided in this subsection, an appropriation for the
calendar year preceding the distribution year from property taxes to
make payments on a lease is not deducted from the allocation amount
for a civil taxing unit if:
      (1) the lease was issued; and
      (2) the proceeds were appropriated from property taxes;
to refinance a debt obligation or lease issued before July 1, 2005.
However, an appropriation from property taxes related to a lease
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entered into after June 30, 2005, is deducted if the lease extends
payments on a debt or lease beyond the time in which the debt or lease
would have been payable if the debt or lease had not been refinanced
or increases the total amount that must be paid on a debt or lease in
excess of the amount that would have been paid if the debt or lease had
not been refinanced. The amount of the deduction is the annual amount
for each year of the extension period or the annual amount of the
increase over the amount that would have been paid.
    SECTION 29. IC 6-3.6-9-15, AS AMENDED BY P.L.230-2025,
SECTION 85, IS REPEALED [EFFECTIVE JANUARY 1, 2028]. Sec.
15. (a) If the budget agency determines that the balance in a county
trust account exceeds fifteen percent (15%) (or the percentage set forth
in subsection (g), if applicable) of the certified distributions to be made
to the county in the determination year, the budget agency shall make
a supplemental distribution to the county from the county's trust
account. The budget agency shall use the trust account balance as of
December 31 of the year that precedes the determination year by two
(2) years (referred to as the "trust account balance year" in this section).
    (b) A supplemental distribution described in subsection (a) must be:
       (1) made at the same time as the determinations are provided to
       the county auditor under subsection (d)(3); and
       (2) allocated in the same manner as certified distributions for the
       purposes described in this article.
    (c) The amount of a supplemental distribution described in
subsection (a) is equal to the amount by which:
       (1) the balance in the county trust account; minus
       (2) the amount of any supplemental or special distribution that has
       not yet been accounted for in the last known balance of the
       county's trust account;
exceeds fifteen percent (15%) (or the percentage set forth in subsection
(g), if applicable) of the certified distributions to be made to the county
in the determination year.
    (d) For a county that qualifies for a supplemental distribution under
this section in a year, the following apply:
       (1) Before February 15, the budget agency shall update the
       information described in section 9 of this chapter to include the
       excess account balances to be distributed under this section.
       (2) Before May 2, the budget agency shall provide the amount of
       the supplemental distribution for the county to the department of
       local government finance and to the county auditor.
       (3) The department of local government finance shall determine
       for the county and each taxing unit within the county:
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          (A) the amount and allocation of the supplemental distribution
          attributable to the taxes that were imposed as of December 31
          of the trust account balance year, including any specific
          distributions for that year; and
          (B) the amount of the allocation for each of the purposes set
          forth in this article, using the allocation percentages in effect
          in the trust account balance year.
      The department of local government finance shall provide these
      determinations to the county auditor before May 16 of the
      determination year.
      (4) Before June 1, the county auditor shall distribute to each
      taxing unit the amount of the supplemental distribution that is
      allocated to the taxing unit under subdivision (3). However, for a
      county with a former tax to provide for a levy freeze under
      IC 6-3.6-11-1, the supplemental distribution shall first be
      distributed as determined in any resolution adopted under
      IC 6-3.6-11-1(d).
For determinations before 2019, the tax rates in effect under and the
allocation methods specified in the former income tax laws shall be
used for the determinations under subdivision (3).
   (e) For any part of a supplemental distribution attributable to
property tax credits under a former income tax or IC 6-3.6-5, the
adopting body for the county may allocate the supplemental
distribution to property tax credits for not more than the three (3) years
after the year the supplemental distribution is received.
   (f) Any income earned on money held in a trust account established
for a county under this chapter shall be deposited in that trust account.
   (g) This subsection applies only to counties that contain at least four
(4) municipalities (cities or towns) each with a population greater than
forty thousand (40,000), as determined by the most recent federal
decennial census, in which at least one (1) of those municipalities
meets the definition of a qualifying municipality under
IC 6-1.1-18.5-31(d). The following percentages apply for purposes of
the determinations under subsections (a) and (c):
      (1) For the determination year beginning after December 31,
      2025, and ending before January 1, 2027, twelve and five-tenths
      percent (12.5%).
      (2) For the determination year beginning after December 31,
      2026, and ending before January 1, 2028, ten percent (10%).
      (3) For a determination year beginning after December 31, 2027,
      and ending before January 1, 2029, seven and five-tenths percent
      (7.5%).
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      (4) For the determination year beginning after December 31,
      2028, and ending before January 1, 2030, five percent (5%).
      (5) For the determination year beginning after December 31,
      2029, and ending before January 1, 2031, two and one-half
      percent (2.5%).
      (6) For the determination year beginning after December 31,
      2030, one percent (1%).
   SECTION 30. IC 8-1-31-5, AS AMENDED BY P.L.61-2022,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 5. As used in this chapter, "eligible infrastructure
improvements" means projects that:
      (1) are:
          (A) new water or wastewater utility distribution or collection
          plant projects; or
          (B) projects to relocate existing utility plant, including projects
          to relocate utility plant or equipment to accommodate the
          construction, reconstruction, or improvement of a highway,
          street, or road (as defined in IC 8-23-1-23), IC 8-23-1.1-22),
          including projects under IC 8-25;
      (2) do not increase revenues by connecting to new customers,
      even if the projects provide greater available capacity with respect
      to an eligible utility's distribution or collection plant; and
      (3) either:
          (A) for a public utility:
             (i) are in service and used and useful; and
             (ii) were not included in the public utility's rate base in its
             most recent general rate case; or
          (B) for a municipally owned or not-for-profit utility:
             (i) are or will be extensions or replacements of projects
             described in subdivision (1), as described in section
             5.5(2)(B) or 5.5(3)(B) of this chapter, as applicable;
             (ii) were not included on the utility's balance sheet as plant
             in service in the utility's most recent general rate case; and
             (iii) are not infrastructure improvements that are being
             recovered or have been recovered through rates or another
             rate adjustment mechanism.
   SECTION 31. IC 8-1-31-13, AS AMENDED BY P.L.39-2023,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 13. (a) The commission may not approve a
petition filed under section 8 or 10 of this chapter to the extent it
would:
      (1) for a public utility, produce total adjustment revenues
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      exceeding ten percent (10%) of the eligible utility's base revenue
      level approved by the commission in the eligible utility's most
      recent general rate proceeding; or
      (2) for a municipally owned or not-for-profit utility, produce total
      adjustment revenues over the course of each twelve (12) month
      recovery period that exceed ten percent (10%) of the eligible
      utility's base revenue level approved by the commission in the
      eligible utility's most recent general rate proceeding.
   (b) Subsection (a) does not apply to:
      (1) infrastructure improvement costs associated with eligible
      infrastructure improvements that are placed in service due to the
      construction, reconstruction, or improvement of a highway, street,
      or road (as defined in IC 8-23-1-23), IC 8-23-1.1-22), including
      projects under IC 8-25; or
      (2) property taxes associated with eligible infrastructure
      improvements.
   SECTION 32. IC 8-4.5-1-16, AS AMENDED BY P.L.164-2020,
SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 16. "Recreational trail" means a trail or path that:
      (1) includes a corridor along any part of its length;
      (2) is intended to be used for:
          (A) bicycling;
          (B) exercising;
          (C) hiking;
          (D) running;
          (E) riding:
            (i) in or on a vehicle of any kind, regardless of the means of
            propelling the vehicle; or
            (ii) on any animal;
          (F) walking; or
          (G) any other recreational purpose; and
      (3) is funded through the recreational trails program under
      IC 8-4.5-5.
However, the term does not include a highway, road, or street, or road
(as defined in IC 8-23-1-23). IC 8-23-1.1-22).
   SECTION 33. IC 8-15.7-2-6, AS ADDED BY P.L.47-2006,
SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 6. "Highway, street, or road" has the meaning set
forth in IC 8-23-1-23. IC 8-23-1.1-22.
   SECTION 34. IC 8-15.7-2-14, AS AMENDED BY P.L.203-2007,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 14. (a) Subject to IC 8-15.7-1-5, "project" means
SEA 80 — CC 1
                                   33
all or part of the following:
      (1) A limited access facility (as defined in IC 8-23-1-28).
      IC 8-23-1.1-27).
      (2) A tollway.
      (3) Roads and bridges.
      (4) Passenger and freight railroad systems, including:
         (A) the costs of environmental impact studies;
         (B) property, equipment, and appurtenances necessary to
         operate a railroad, including lines, routes, roads, rights-of-way,
         easements, licenses, permits, track upgrades, rail grade
         crossings, locomotives, passenger cars, freight cars, and other
         railroad cars of any type or class; and
         (C) other costs that the department determines are necessary
         to develop a passenger or freight railroad system in Indiana.
      (5) All or part of a bridge, tunnel, overpass, underpass,
      interchange, structure, ramp, access road, service road, entrance
      plaza, approach, tollhouse, utility corridor, toll gantry, rest stop,
      service area, or administration, storage, or other building or
      facility, including temporary facilities and buildings or facilities
      and structures that will not be tolled, that the department
      determines is appurtenant, necessary, or desirable for the
      development, financing, or operation of the facilities described in
      subdivisions (1) through (4).
      (6) An improvement, betterment, enlargement, extension, or
      reconstruction of all or part of any of the facilities described in
      this section, including a nontolled part, that is separately
      designated by name or number.
    (b) The term does not include a passenger railroad system that is
operated by a commuter transportation district established under
IC 8-5-15.
    SECTION 35. IC 8-15.7-2-21, AS ADDED BY P.L.47-2006,
SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 21. "Transportation plan" has the meaning set
forth in IC 8-23-1-41. IC 8-23-1.1-41.
    SECTION 36. IC 8-23-1 IS REPEALED [EFFECTIVE JULY 1,
2026]. (Definitions for Indiana Department of Transportation Law).
    SECTION 37. IC 8-23-1.1 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]:
    Chapter 1.1. Definitions
    Sec. 1. The definitions in this chapter apply throughout this
article.
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   Sec. 2. The definitions in IC 36-1-2 apply to this article.
   Sec. 3. "Abandonment" means the cessation of use of
right-of-way activity upon a site with no intention to reclaim or use
the site again for highway purposes.
   Sec. 4. "Adjacent area" means an area that is adjacent to and
within six hundred sixty (660) feet of the nearest edge of the
right-of-way of an interstate or primary highway.
   Sec. 5. "Agency" has the meaning set forth in IC 4-22-2-3.
   Sec. 6. "Arterial highway" means a highway designed primarily
for through traffic, usually on a continuous route.
   Sec. 7. "Arterial street" means a street designed primarily for
through traffic, usually on a continuous route.
   Sec. 8. "Authority" refers to the Indiana finance authority
established by IC 5-1.2-3.
   Sec. 9. "Automobile graveyard" means an establishment or
place of business that is maintained, used, or operated for storing,
keeping, buying, or selling wrecked, scrapped, ruined, or
dismantled motor vehicles or motor vehicle parts.
   Sec. 10. (a) "Changeable message sign" means a sign that
satisfies all of the following:
      (1) The message on the sign may be changed mechanically,
      electronically, or by remote control.
      (2) The static display on the face of the sign:
         (A) does not display any copy or message that moves,
         appears to move, or flashes; and
         (B) lasts at least eight (8) seconds.
      (3) A message change takes no more than two (2) seconds.
   (b) The term includes electronic billboards and trimovement
signs.
   Sec. 11. "Commerce corridor" means that part of a recognized
system of highways that:
      (1) directly facilitates intrastate, interstate, or international
      commerce and travel;
      (2) enhances economic vitality and international
      competitiveness; or
      (3) provides service to all parts of Indiana and the United
      States.
   Sec. 12. "Commissioner" refers to the commissioner of the
department.
   Sec. 13. "County arterial highway system" means a system of
highways designated by the county highway authority as having
the greatest general importance to the county and for which
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responsibility is assigned to the county highway authority.
   Sec. 14. "County local highway system" means the roads and
streets used primarily for access to residence, business, farm, or
other abutting property and for which responsibility is assigned to
the county highway authority.
   Sec. 15. "Curb" means a stone or row of stones, or a similar
construction of concrete or other material, along the margin of a
roadway as a limit to the roadway and a restraint upon and
protection to the adjoining sidewalk space.
   Sec. 16. "Department" refers to the Indiana department of
transportation established by IC 8-23-2-1.
   Sec. 17. "Directional and other official signs and notices"
includes signs and notices pertaining to natural, scenic, and
historical attractions that are required or authorized by law and
conform to the national standards adopted by the United States
Secretary of Commerce under 23 U.S.C. 131(c).
   Sec. 18. "Electronic billboard" means a programmable sign
capable of presenting a large amount of:
     (1) text;
     (2) symbolic imagery; or
     (3) both text and symbolic imagery.
   Sec. 19. "Erect" means to construct, build, raise, assemble,
place, affix, attach, create, paint, draw, or in any way bring into
being or establish. The term does not include an activity performed
as an incident to the change of an advertising message or normal
maintenance or repair of a sign structure.
   Sec. 20. "Executive" has the meaning set forth in IC 36-1-2-5.
However, for a consolidated city, the term means the city-county
council.
   Sec. 21. "Extraordinary cost" means the cost to a utility to
relocate existing facilities that is either:
     (1) more than ten percent (10%) of the total operating
     revenue received by the utility during the utility's most recent
     full fiscal year; or
     (2) more than fifty percent (50%) of the total estimated cost
     of a proposed highway or bridge construction or
     improvement project.
   Sec. 22. "Highway, street, or road" means a public way for
purposes of vehicular traffic, including the entire area within the
right-of-way. However, the term does not include a highway for
purposes of IC 8-2.1.
   Sec. 23. "Information center" means an area or site established
SEA 80 — CC 1
                                 36
and maintained at safety rest areas for the purpose of informing
the public of places of interest within Indiana and providing other
information that the department considers desirable.
   Sec. 24. "Interstate system" means the part of the national
system of interstate and defense highways located within Indiana
as officially designated by the department and approved by the
United States Secretary of Commerce under 23 U.S.C.
   Sec. 25. "Junk" means old or scrap copper, brass, rope, rags,
batteries, paper, trash, rubber debris, waste, or junked,
dismantled, or wrecked automobiles or automobile parts, iron,
steel, and other old scrap ferrous or nonferrous material.
   Sec. 26. "Junkyard" means an establishment or place of
business that is maintained, operated, or used for storing, keeping,
buying, or selling junk, or for the maintenance or operation of an
automobile graveyard. The term includes garbage dumps and
sanitary fills. The term does not include a scrap metal processing
facility.
   Sec. 27. "Limited access facility" means a highway or street
designed for through traffic, over, from, or to which owners or
occupiers of abutting land or other persons have either no right or
easement or a limited right or easement of direct access, light, air,
or view because their property abuts upon the limited access
facility or for any other reason. The highways or streets may be
parkways from which trucks, buses, and other commercial vehicles
are excluded or freeways open to use by all customary forms of
highway and street traffic.
   Sec. 28. "Maintain" means allow to exist.
   Sec. 29. "Main-traveled way" means the traveled way of a
highway on which through traffic is carried. For a divided
highway, the term includes the traveled way of each of the
separated roadways for traffic in opposite directions. The term
does not include frontage roads, turning roadways, or parking
areas.
   Sec. 30. "Municipal arterial street system" means a system of
arterial streets and highways designated by the municipal street
authority as having the greatest importance to the municipality
and for which responsibility is assigned to the municipal street
authority.
   Sec. 31. "Municipal local street system" means roads and streets
used primarily for access to residence, business, or other abutting
property and for which responsibility is assigned to the municipal
street authority.
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                                  37
    Sec. 32. "Primary system" means the part of connected main
highways as officially designated by the department and approved
by the United States Secretary of Commerce under 23 U.S.C.
    Sec. 33. "Road paving material" means bituminous or portland
concrete surfaces.
    Sec. 34. "Safety rest area" means an area or site established and
maintained within adjacent areas by or under public supervision
or control for the convenience of the traveling public.
    Sec. 35. "Scrap metal processing facility" means an
establishment having facilities for processing iron, steel, or
nonferrous metal and whose principal product is scrap iron, steel,
or scrap for sale for remelting purposes only.
    Sec. 36. "Secretary" refers to the United States Secretary of
Transportation.
    Sec. 37. "Sign" means an outdoor sign, display, device, notice,
bulletin, figure, painting, drawing, message, placard, poster,
billboard, or other thing that is designated, intended, or used to
advertise or inform.
    Sec. 38. "State aid director" refers to the chief administrative
officer of the office of the department that administers programs
of state and federal aid to local units of government, or the officer's
designee.
    Sec. 39. "State highway system" means the system of highways
and streets that are of general economic importance to Indiana as
a whole and for which responsibility is assigned to the department.
    Sec. 40. "Substantial completion" refers to the date, as
determined by the department, when the construction of the
contract is sufficiently completed in accordance with the plans and
specifications, as modified by any change orders, so that the
construction can be used for its intended purpose.
    Sec. 41. "Transportation plan" means a statement evaluating
transportation policy objectives and projecting specific long range
comprehensive actions to accomplish policy objectives.
    Sec. 42. "Traveled way" means the part of the roadway for the
movement of vehicles. The term does not include shoulders or
auxiliary lanes.
    Sec. 43. "Trimovement sign" means a sign that displays three
(3) separate images sequentially by rotating triangular cylinders.
    Sec. 44. (a) "Unzoned commercial or industrial area" means an
adjacent area not zoned under state or local statute, rule, or
ordinance on which there is located one (1) or more permanent
structures for commercial or industrial activities other than a sign
SEA 80 — CC 1
                                38
or upon which a commercial or an industrial activity is actually
conducted, whether or not there is a permanent structure located
upon the adjacent area, and the area:
     (1) extending six hundred (600) feet beyond the edge of the
     commercial or industrial activity as determined under
     subsection (c); and
     (2) located along either side of an interstate or a primary
     highway.
The term does not include land contiguous to an interstate or a
primary highway that has been designated as scenic by the state.
   (b) The term does not include the following areas:
     (1) Within three hundred (300) feet of a building used
     primarily as a residence, unless the owner of the building
     consents in writing to the particular commercial use.
     (2) Within five hundred (500) feet of the following:
        (A) A public park garden.
        (B) A recreation area or forest preserve.
        (C) A church or school.
        (D) An officially designated historic battlefield, museum,
        or historical monument.
        (E) A safety rest or recreation area, publicly owned,
        controlled, and maintained under 23 U.S.C. 319.
        (F) A sanitary or other facility for the accommodation of
        motorists, publicly owned, controlled, and maintained
        under 23 U.S.C. 319.
     (3) Within seven hundred fifty (750) feet of a strip of land in
     which an interest has been acquired by the state for the
     restoration, preservation, or enhancement of scenic beauty
     that is publicly controlled and maintained under 23 U.S.C.
     319.
   (c) Distance from a commercial or an industrial activity
described under subsection (a):
     (1) must be:
        (A) measured from the outer edges of the regularly used
        building, parking lot, storage areas, or processing areas of
        the commercial or industrial activity; and
        (B) parallel to the edge of the pavement of the highway;
        and
     (2) may not be measured from the property line of the
     commercial or industrial activity, unless the property line is
     located on an area described in subdivision (1)(A).
   Sec. 45. "Urban area" means:
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     (1) an urbanized area designated by the Bureau of the Census;
     (2) if an urbanized area lies within more than one (1) state, the
     part of the area that lies within the boundaries of Indiana; or
     (3) an urban place designated by the Bureau of the Census
     having a population of at least five thousand (5,000) that is not
     within an urbanized area and is within boundaries
     cooperatively established by the department and local
     officials.
   Sec. 46. "Utility" has the meaning set forth in IC 8-1-9-2(a).
   Sec. 47. "Visible" means capable of being seen (whether or not
legible) without visual aid by a person of normal visual acuity using
the highway system.
   Sec. 48. "Work program" means a schedule of steps to be
followed in implementing a transportation plan, including the
following:
     (1) A description of the sequence of steps.
     (2) The time limit within which each step is to be completed.
     (3) The product of each step.
     (4) The staff and resources required.
   Sec. 49. "Zoned commercial or industrial areas" means those
areas that are zoned for business, industry, commerce, or trade
under a zoning ordinance.
   SECTION 38. IC 8-23-9.5-11, AS ADDED BY P.L.60-2023,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 11. (a) As used in this chapter, "project" means
services provided using a two-phase contract with a CMGC or a PDB
for preconstruction services and construction services to design,
construct, alter, or repair:
     (1) a state highway;
     (2) a limited access facility (as defined in IC 8-23-1-28);
     IC 8-23-1.1-27);
     (3) a public highway (as defined in IC 9-25-2-4);
     (4) a tollway;
     (5) a bridge; and
     (6) a passenger and freight railroad system.
   (b) The term does not include a passenger railroad system that is
operated by a commuter transportation district created by IC 8-5-15.
   SECTION 39. IC 8-23-10-0.5, AS AMENDED BY P.L.85-2017,
SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 0.5. (a) The definitions in IC 5-16-13 apply to this
section.
   (b) For purposes of IC 5-16-13-10(c) and this section, a contractor
SEA 80 — CC 1
                                   40
must be qualified under this chapter before doing any work on a public
works project that is the construction, improvement, alteration, repair,
or maintenance of a highway, street, or road (as defined by
IC 8-23-1-23) in IC 8-23-1.1-22) or alley.
    (c) Notwithstanding the applicability date specified in
IC 5-16-13-10(c) and subject to subsection (d), the requirement that a
contractor must be qualified under this chapter before doing any work
on a public works project applies to a public works contract awarded
after December 31, 2016.
    (d) This subsection applies to a public works project awarded after
December 31, 2016, by a local unit. A contractor in any contractor tier
is not required to be qualified under this chapter before doing any work
on a public works project awarded by a local unit whenever:
      (1) the total amount of the contract awarded to the contractor for
      work on the public works project is less than three hundred
      thousand dollars ($300,000); and
      (2) the local unit complies with IC 36-1-12 in awarding the
      contract for the public works project.
    SECTION 40. IC 8-23-20-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 1. (a) The department
and the United States Secretary of Commerce shall enter into
agreements under 23 U.S.C. concerning the regulation of billboards,
signs, junkyards, and scrap metal processing areas in areas adjacent to
the interstate and primary highway systems. The agreements must
conform to the provisions of 23 U.S.C. to ensure that federal funds to
Indiana are continued.
    (b) An agreement between the state and the United States Secretary
of Commerce entered into under 23 U.S.C. 131 must contain the
definition of "unzoned commercial or industrial area" found in
IC 8-23-1-43. IC 8-23-1.1-44. If the state has received from the
Secretary a formal notice of a proposed determination to withhold
funds from the state because of an asserted unacceptability of the
definition, the governor shall modify the definition. The modification
may be made during a hearing on the notice held by the Secretary
under 23 U.S.C. 131, or, if as a matter of law the Secretary decides to
withhold funds prior to a hearing, the governor:
      (1) may modify the definition before a hearing; and
      (2) shall request a hearing under 23 U.S.C. 131.
    SECTION 41. IC 8-23-26-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 1. (a) This chapter does
not apply to a project let under IC 8-23-11.
    (b) This chapter applies only to projects on the state highway system
SEA 80 — CC 1
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(as defined in IC 8-23-1-40). IC 8-23-1.1-39).
   SECTION 42. IC 8-23-32-1, AS ADDED BY P.L.120-2023,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. This chapter applies to a part of a road or bridge
on the interstate system (as defined by IC 8-23-1-25) in
IC 8-23-1.1-24) or a U.S. route.
   SECTION 43. IC 9-18.5-8-4, AS AMENDED BY P.L.129-2018,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 4. (a) The bureau shall issue a permanent parking
placard to an individual:
     (1) who is certified by a health care provider listed in subsection
     (b) as having:
         (A) a permanent physical disability that requires the use of a
         wheelchair, a walker, braces, or crutches;
         (B) permanently lost the use of one (1) or both legs; or
         (C) a permanent and severe restriction in mobility due to a
         pulmonary or cardiovascular disability, an arthritic condition,
         or an orthopedic or neurological impairment;
     (2) who is certified to be permanently:
         (A) blind (as defined in IC 12-7-2-21(2)); IC 12-7-2.1-38(2));
         or
         (B) visually impaired (as defined in IC 12-7-2-198);
         IC 12-7-2.1-349);
     by an optometrist or ophthalmologist who has a valid unrestricted
     license to practice optometry or ophthalmology in Indiana; or
     (3) who:
         (A) has been issued; or
         (B) is otherwise eligible to receive;
     a disabled Hoosier veteran license plate under IC 9-18.5-5 and
     requests a permanent parking placard.
The certification must be provided in a manner and form prescribed by
the bureau.
   (b) A certification required under subsection (a)(1) may be provided
by the following:
     (1) A physician having a valid and unrestricted license to practice
     medicine.
     (2) A physician who is a commissioned medical officer of:
         (A) the armed forces of the United States; or
         (B) the United States Public Health Service.
     (3) A physician who is a medical officer of the United States
     Department of Veterans Affairs.
     (4) A chiropractor with a valid and unrestricted license under
SEA 80 — CC 1
                                   42
      IC 25-10-1.
      (5) A podiatrist with a valid and unrestricted license under
      IC 25-29-1.
      (6) An advanced practice registered nurse with a valid and
      unrestricted license under IC 25-23.
      (7) A physician assistant with a valid and unrestricted license
      under IC 25-27.5.
   (c) A permanent placard issued under this section remains in effect
until:
      (1) a health care provider listed in subsection (b); or
      (2) an optometrist or ophthalmologist that has a valid unrestricted
      license to practice optometry or ophthalmology in Indiana;
certifies that the recipient's disability is no longer considered to be
permanent.
   SECTION 44. IC 9-18.5-8-5, AS AMENDED BY P.L.256-2017,
SECTION 136, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 5. (a) The bureau shall issue a
temporary placard to an individual who is certified by:
      (1) a health care provider listed in section 4(b) of this chapter as
      having:
          (A) a temporary physical disability that requires the temporary
          use of a wheelchair, a walker, braces, or crutches;
          (B) temporarily lost the use of one (1) or both legs; or
          (C) a temporary and severe restriction in mobility due to a
          pulmonary or cardiovascular disability, an arthritic condition,
          or an orthopedic or neurological impairment; or
      (2) an optometrist or ophthalmologist who has a valid unrestricted
      license to practice optometry or ophthalmology in Indiana to be
      temporarily:
          (A) blind (as defined in IC 12-7-2-21(2)); IC 12-7-2.1-38(2));
          or
          (B) visually impaired (as defined in IC 12-7-2-198).
          IC 12-7-2.1-349).
   (b) A certification under this section must:
      (1) be in a manner and form prescribed by the bureau; and
      (2) state the expected duration, including an end date, of the
      condition on which the certification is based.
   (c) A temporary placard issued under this section expires on the
earlier of the following:
      (1) One (1) year after the date on which the placard is issued.
      (2) The end date set forth in the certification under subsection (b).
   SECTION 45. IC 9-20-1-3, AS AMENDED BY P.L.93-2024,
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                                   43
SECTION 92, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3. (a) This subsection does not apply to any
highway or street in the state highway system. Except as provided in
subsection (e), local authorities, with respect to highways under their
jurisdiction, may by ordinance:
      (1) prohibit the operation of vehicles upon any highway; or
      (2) impose restrictions as to the weight of vehicles to be operated
      upon any highway;
for a total period not to exceed ninety (90) days in any one (1) year,
whenever any highway by reason of deterioration, rain, snow, or other
climatic conditions will be seriously damaged or destroyed without the
regulation of vehicles.
   (b) A local authority adopting an ordinance under subsection (a)
shall erect or cause to be erected and maintained signs specifying the
terms of the ordinance at each end of that part of any highway affected
by the ordinance and at intersecting highways. The ordinance may not
be enforced until the signs are erected and maintained.
   (c) Except as provided in subsection (e), local authorities with
respect to highways under their jurisdiction, except highways in the
state highway system and state maintained routes through cities and
towns, may by ordinance do the following:
      (1) Prohibit the operation of trucks or other commercial vehicles.
      (2) Impose limitations as to the weight, size, or use of those
      vehicles on designated highways.
The prohibitions and limitations must be designated by appropriate
signs placed on the highways.
   (d) The Indiana department of transportation has the same authority
granted to local authorities in subsections (a) and (c) to determine by
executive order and to impose restrictions as to weight, size, and use of
vehicles operated upon a highway in the state highway system,
including state maintained routes through cities and towns. These
restrictions may not be enforced until signs giving notice of the
restrictions are erected upon the highway or part of the highway
affected by the order.
   (e) The commissioner of the Indiana department of transportation
may designate an order adopted under subsection (d) as a rule and
adopt the order as a rule under IC 4-22-2.
   (f) A local authority may not, in an ordinance passed under
subsection (a) or (c), prohibit the operation of buses that are not more
than forty-five (45) feet in length on any segment of the primary system
(as defined in IC 8-23-1-33) IC 8-23-1.1-32) that was in existence on
June 1, 1991.
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                                   44
    SECTION 46. IC 9-24-9-3, AS AMENDED BY P.L.116-2017,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3. (a) Except as provided in section 4.1 of this
chapter, the application of an individual less than eighteen (18) years
of age for a permit or driver's license under this chapter must be signed
and sworn to or affirmed by one (1) of the following in order of
preference:
      (1) The parent having custody of the minor applicant or a
      designee of the custodial parent specified by the custodial parent.
      (2) The noncustodial parent (as defined in IC 31-9-2-83)
      IC 31-9-2.1-164) of the minor applicant or a designee of the
      noncustodial parent specified by the noncustodial parent.
      (3) The guardian having custody of the minor applicant.
      (4) In the absence of a person described in subdivisions (1)
      through (3), any other adult who is willing to assume the
      obligations imposed by the provisions of this chapter.
    (b) The bureau shall require an individual signing an application
under subsection (a) to present a valid form of identification in a
manner prescribed by the bureau.
    SECTION 47. IC 9-24-16-3, AS AMENDED BY P.L.141-2024,
SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3. (a) An identification card:
      (1) issued in the form of a physical credential must have the same
      dimensions and shape as a driver's license; and
      (2) in the form of a mobile credential must contain the same data
      contained in a driver's license;
but the card must have markings sufficient to distinguish the card from
a driver's license.
    (b) Except as provided in subsection (g), the front side of an
identification card issued in the form of a physical credential must
contain the expiration date of the identification card and the following
information about the individual to whom the card is being issued:
      (1) Full legal name.
      (2) The address of the principal residence.
      (3) Date of birth.
      (4) Date of issue and date of expiration.
      (5) Unique identification number.
      (6) Gender.
      (7) Weight.
      (8) Height.
      (9) Color of eyes and hair.
      (10) Reproduction of the signature of the individual identified.
SEA 80 — CC 1
                                    45
      (11) Whether the individual is blind (as defined in
      IC 12-7-2-21(1)). IC 12-7-2.1-38(1)).
      (12) If the individual is less than eighteen (18) years of age at the
      time of issuance, the dates on which the individual will become:
           (A) eighteen (18) years of age; and
           (B) twenty-one (21) years of age.
      (13) If the individual is at least eighteen (18) years of age but less
      than twenty-one (21) years of age at the time of issuance, the date
      on which the individual will become twenty-one (21) years of age.
      (14) Digital photograph of the individual.
    (c) The information contained on the identification card as required
by subsection (b)(12) or (b)(13) for an individual who is less than
twenty-one (21) years of age at the time of issuance shall be notated
prominently on the identification card issued in the form of a physical
credential.
    (d) If the individual complies with section 2(f) or 2(g) of this
chapter, an indication of the individual's veteran status or status as the
surviving spouse of a veteran of the armed forces of the United States,
as applicable, shall be shown on the identification card issued in the
form of a physical credential.
    (e) If the applicant for an identification card issued in the form of a
physical credential submits information to the bureau concerning the
applicant's medical condition, the bureau shall place an identifying
symbol on the face of the identification card issued in the form of a
physical credential to indicate that the applicant has a medical
condition of note. The bureau shall include information on the
identification card issued in the form of a physical credential that
briefly describes the medical condition of the holder of the card issued
in the form of a physical credential. The information must be printed
in a manner that alerts a person reading the card issued in the form of
a physical credential to the existence of the medical condition. The
applicant for an identification card issued in the form of a physical
credential is responsible for the accuracy of the information concerning
the medical condition submitted under this subsection. The bureau
shall inform an applicant that submission of information under this
subsection is voluntary.
    (f) An identification card issued by the state to an individual who
has temporary lawful status as indicated by:
      (1) a valid, unexpired nonimmigrant visa or has nonimmigrant
      visa status for entry in the United States;
      (2) a pending application for asylum in the United States;
      (3) a pending or approved application for temporary protected
SEA 80 — CC 1
                                   46
      status in the United States;
      (4) having an approved deferred action status; or
      (5) a pending application for adjustment of status to that of an
      alien lawfully admitted for permanent residence in the United
      States or conditional permanent residence status in the United
      States;
must be issued in the form of a physical credential and clearly
identified as a temporary identification card. A temporary identification
card issued under this subsection may not be renewed without the
presentation of valid documentary evidence proving that the holder of
the identification card's temporary status has been extended.
   (g) For purposes of subsection (b), an individual certified as a
program participant in the address confidentiality program under
IC 5-26.5 is not required to provide the address of the individual's
principal residence, but may provide an address designated by the
office of the attorney general under IC 5-26.5 as the address of the
individual's principal residence.
   (h) The bureau shall validate an identification card issued in the
form of a physical credential for motor driven cycle operation upon a
highway by endorsement to an individual who:
      (1) applies for or has previously been issued an identification card
      under this chapter;
      (2) makes the appropriate application for endorsement; and
      (3) satisfactorily completes the test required under section 3.6 of
      this chapter.
The bureau shall place a designation on the face of the identification
card issued in the form of a physical credential to indicate that the
individual has received a motor driven cycle endorsement.
   SECTION 48. IC 9-30-14-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 3. To qualify as a
victim impact program under section 2 of this chapter, a program must
do the following:
      (1) Provide an opportunity to participate in a victim impact
      program in the county in which the court is located.
      (2) Present each victim impact program described in subdivision
      (1) with at least one (1) speaker who is one (1) of the following:
          (A) A person who was injured as a result of the operation of a
          vehicle by another person who operated the vehicle under the
          influence of alcohol or a controlled substance listed in
          schedule I or II under IC 35-48-2.
          (B) A family member or a friend of a person who was injured
          or died as a result of the operation of a vehicle by another
SEA 80 — CC 1
                                  47
         person who operated the vehicle under the influence of alcohol
         or a controlled substance listed in schedule I or II under
         IC 35-48-2.
         (C) A person who was convicted in Indiana of a covered
         offense or in another state of an offense that is substantially
         similar to a covered offense.
         (D) A person who has been or is involved in a program
         designed to control the use or otherwise rehabilitate a person
         who is an alcohol abuser (as defined in IC 12-7-2-11),
         IC 12-7-2.1-18), a drug abuser (as defined in IC 12-7-2-73),
         IC 12-7-2.1-129), or both.
     (3) Require a person to visit a specified emergency medical care
     facility, a coroner facility, or a chronic alcoholism treatment
     center under supervision, as specified by the court.
   SECTION 49. IC 10-13-3-2.5, AS ADDED BY P.L.146-2006,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2.5. As used in this chapter, "caseworker" has the
meaning set forth in IC 31-9-2-11. IC 31-9-2.1-29.
   SECTION 50. IC 10-13-3-36, AS AMENDED BY P.L.51-2016,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 36. (a) The department may not charge a fee for
responding to a request for the release of a limited criminal history
record if the request is made by a nonprofit organization:
     (1) that has been in existence for at least ten (10) years; and
     (2) that:
         (A) has a primary purpose of providing an individual
         relationship for a child with an adult volunteer if the request
         is made as part of a background investigation of a prospective
         adult volunteer for the organization;
         (B) is a community intellectual disability and other
         developmental disabilities center (as defined in IC 12-7-2-39);
         IC 12-7-2.1-77);
         (C) is a supervised group living facility licensed under
         IC 12-28-5;
         (D) is an area agency on aging designated under IC 12-10-1;
         (E) is a community action agency (as defined in
         IC 12-14-23-2);
         (F) is the owner or operator of a hospice program licensed
         under IC 16-25-3; or
         (G) is a community mental health center (as defined in
         IC 12-7-2-38). IC 12-7-2.1-78).
   (b) Except as provided in subsection (d), the department may not
SEA 80 — CC 1
                                   48
charge a fee for responding to a request for the release of a limited
criminal history record made by the department of child services or the
division of family resources if the request is made as part of a
background investigation of an applicant for a license under IC 12-17.2
or IC 31-27.
    (c) The department may not charge a fee for responding to a request
for the release of a limited criminal history if the request is made by a
school corporation, special education cooperative, or nonpublic school
(as defined in IC 20-18-2-12) as part of a background investigation of
a prospective or current employee or a prospective or current adult
volunteer for the school corporation, special education cooperative, or
nonpublic school.
    (d) As used in this subsection, "state agency" means an authority, a
board, a branch, a commission, a committee, a department, a division,
or another instrumentality of state government, including the executive
and judicial branches of state government, the principal secretary of the
senate, the principal clerk of the house of representatives, the executive
director of the legislative services agency, a state elected official's
office, or a body corporate and politic, but does not include a state
educational institution. The department may not charge a fee for
responding to a request for the release of a limited criminal history if
the request is made:
       (1) by a state agency; and
       (2) through the computer gateway that is administered by the
       office of technology established by IC 4-13.1-2-1.
    (e) The department may not charge a fee for responding to a request
for the release of a limited criminal history record made by the Indiana
professional licensing agency established by IC 25-1-5-3 if the request
is:
       (1) made through the computer gateway that is administered by
       the office of technology; and
       (2) part of a background investigation of a practitioner or an
       individual who has applied for a license issued by a board (as
       defined in IC 25-1-9-1).
    (f) The department may not charge a church or religious society a
fee for responding to a request for the release of a limited criminal
history record if:
       (1) the church or religious society is a religious organization
       exempt from federal income taxation under Section 501 of the
       Internal Revenue Code;
       (2) the request is made as part of a background investigation of a
       prospective or current employee or a prospective or current adult
SEA 80 — CC 1
                                   49
      volunteer; and
      (3) the employee or volunteer works in a nonprofit program or
      ministry of the church or religious society, including a child care
      ministry registered under IC 12-17.2-6.
   (g) The department may not charge the school of education of a
public or private postsecondary educational institution a fee for
responding to a request for the release of a limited criminal history
record if the request is made as part of a background investigation of
a student before or after the student begins the student's field or
classroom experience. However, the department may charge the
student a fee for responding to a request for the release of a limited
criminal history record.
   SECTION 51. IC 10-13-3-39, AS AMENDED BY P.L.110-2023,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 39. (a) The department is designated as the
authorized agency to receive requests for, process, and disseminate the
results of national criminal history background checks that comply with
this section and 42 U.S.C. 5119a.
   (b) A qualified entity may contact the department to request a
national criminal history background check on any of the following
persons:
      (1) A person who seeks to be or is employed with the qualified
      entity. A request under this subdivision must be made not later
      than three (3) months after the person is initially employed by the
      qualified entity.
      (2) A person who seeks to volunteer or is a volunteer with the
      qualified entity. A request under this subdivision must be made
      not later than three (3) months after the person initially volunteers
      with the qualified entity.
      (3) A person for whom a national criminal history background
      check is required under any law relating to the licensing of a
      home, center, or other facility for purposes of day care or
      residential care of children.
      (4) A person for whom a national criminal history background
      check is permitted for purposes of:
         (A) placement of a child in a foster family home, a prospective
         adoptive home, or the home of a relative, legal guardian to
         whom IC 29-3-8-9 applies, or other caretaker under section
         27.5 of this chapter or IC 31-34;
         (B) a report concerning an adoption as required by IC 31-19-8;
         (C) collaborative care host homes and supervised independent
         living arrangements as provided in IC 31-28-5.8-5.5; or
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                                   50
         (D) reunification of a child with a parent, guardian, or
         custodian as provided in IC 31-34-21-5.5.
      (5) A person for whom a national criminal history background
      check is required for the licensing of a group home, child caring
      institution, child placing agency, or foster home under IC 31-27.
      (6) A person for whom a national criminal history background
      check is required for determining the individual's suitability as an
      employee of a contractor of the state under section 38.5(a)(1) of
      this chapter.
   (c) A qualified entity must submit a request under subsection (b) in
the form required by the department and provide a set of the person's
fingerprints and any required fees with the request.
   (d) If a qualified entity makes a request in conformity with
subsection (b), the department shall submit the set of fingerprints
provided with the request to the Federal Bureau of Investigation for a
national criminal history background check. The department shall
respond to the request in conformity with:
      (1) the requirements of 42 U.S.C. 5119a; and
      (2) the regulations prescribed by the Attorney General of the
      United States under 42 U.S.C. 5119a.
   (e) Subsection (f):
      (1) applies to a qualified entity that:
         (A) is not a school corporation or a special education
         cooperative; or
         (B) is a school corporation or a special education cooperative
         and seeks a national criminal history background check for a
         volunteer; and
      (2) does not apply to a qualified entity that is a:
         (A) home health agency licensed under IC 16-27-1; or
         (B) personal services agency licensed under IC 16-27-4.
   (f) After receiving the results of a national criminal history
background check from the Federal Bureau of Investigation, the
department shall make a determination whether the person who is the
subject of a request has been convicted of:
      (1) an offense described in IC 20-26-5-11.2;
      (2) in the case of a foster family home, a nonwaivable offense as
      defined in IC 31-9-2-84.8; IC 31-9-2.1-168;
      (3) in the case of a prospective adoptive home, a nonwaivable
      offense under IC 31-9-2-84.8; IC 31-9-2.1-168;
      (4) any other felony; or
      (5) any misdemeanor;
and convey the determination to the requesting qualified entity.
SEA 80 — CC 1
                                   51
   (g) This subsection applies to a qualified entity that:
      (1) is a school corporation or a special education cooperative; and
      (2) seeks a national criminal history background check to
      determine whether to employ or continue the employment of a
      certificated employee, a noncertificated employee, or an adjunct
      teacher who holds a permit under IC 20-28-5-27 of a school
      corporation or an equivalent position with a special education
      cooperative.
After receiving the results of a national criminal history background
check from the Federal Bureau of Investigation, the department may
exchange identification records concerning convictions for offenses
described in IC 20-26-5-11.2 with the school corporation or special
education cooperative solely for purposes of making an employment
determination. The exchange may be made only for the official use of
the officials with authority to make the employment determination. The
exchange is subject to the restrictions on dissemination imposed under
P.L.92-544, (86 Stat. 1115) (1972).
   (h) This subsection applies to a qualified entity (as defined in
IC 10-13-3-16) section 16 of this chapter) that is a public agency
under IC 5-14-1.5-2(a)(1). After receiving the results of a national
criminal history background check from the Federal Bureau of
Investigation, the department shall provide a copy to the public agency.
Except as permitted by federal law, the public agency may not share the
information contained in the national criminal history background
check with a private agency.
   (i) This subsection applies to a qualified entity that is a:
      (1) home health agency licensed under IC 16-27-1; or
      (2) personal services agency licensed under IC 16-27-4.
After receiving the results of a national criminal history background
check from the Federal Bureau of Investigation, the department shall
make a determination whether the applicant has been convicted of an
offense described in IC 16-27-2-5(a) and convey the determination to
the requesting qualified entity.
   (j) The department:
      (1) may permanently retain an applicant's fingerprints submitted
      under this section; and
      (2) shall retain the applicant's fingerprints separately from
      fingerprints collected under section 24 of this chapter.
   SECTION 52. IC 10-16-7-22, AS AMENDED BY P.L.68-2005,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 22. If a member of the Indiana National Guard or
a member of a reserve component of the armed forces of the United
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States:
     (1) is a noncustodial parent (as defined in IC 31-9-2-83);
     IC 31-9-2.1-164);
     (2) misses parenting time as provided in an order issued under
     IC 31-14-14 or IC 31-17-4 due to participating in an activity
     required under this chapter; and
     (3) notifies the custodial parent at least seven (7) days before the
     member misses the anticipated parenting time described in
     subdivision (2), unless the member is unable to provide notice
     due to a government emergency;
the member shall be allowed to make up the lost parenting time at the
member's earliest convenience but not later than one (1) month after
the member misses the parenting time under this section, if exercising
the lost parenting time does not conflict with the child's school
schedule.
   SECTION 53. IC 11-8-8-4.5, AS AMENDED BY HEA 1303-2026,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 4.5. (a) Except as provided in section 22 of this
chapter, as used in this chapter, "sex offender" means a person
convicted of any of the following offenses:
     (1) Rape (IC 35-42-4-1).
     (2) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).
     (3) Child molesting (IC 35-42-4-3).
     (4) Child exploitation (IC 35-42-4-4).
     (5) Vicarious sexual gratification (including performing sexual
     conduct in the presence of a minor) (IC 35-42-4-5).
     (6) Child solicitation (IC 35-42-4-6).
     (7) Child seduction (IC 35-42-4-7).
     (8) Sexual misconduct with a minor (IC 35-42-4-9) as a Class A,
     Class B, or Class C felony (for a crime committed before July 1,
     2014) or a Level 1, Level 2, Level 4, or Level 5 felony (for a
     crime committed after June 30, 2014), unless:
        (A) the person is convicted of sexual misconduct with a minor
        as a Class C felony (for a crime committed before July 1,
        2014) or a Level 5 felony (for a crime committed after June
        30, 2014);
        (B) the person is not more than:
          (i) four (4) years older than the victim if the offense was
          committed after June 30, 2007; or
          (ii) five (5) years older than the victim if the offense was
          committed before July 1, 2007; and
        (C) the sentencing court finds that the person should not be
SEA 80 — CC 1
                                 53
        required to register as a sex offender.
    (9) Incest (IC 35-46-1-3).
    (10) Sexual battery (IC 35-42-4-8).
    (11) Kidnapping (IC 35-42-3-2), if the victim is less than eighteen
    (18) years of age, and the person who kidnapped the victim is not
    the victim's parent or guardian.
    (12) Criminal confinement (IC 35-42-3-3), if the victim is less
    than eighteen (18) years of age, and the person who confined or
    removed the victim is not the victim's parent or guardian.
    (13) Possession of child sex abuse material (IC 35-42-4-4(d) or
    IC 35-42-4-4(e)) (before July 1, 2026), or a child sex abuse
    material offense under IC 35-42-4-4.5 (after June 30, 2026).
    (14) Promoting prostitution (IC 35-45-4-4) as a Class B felony
    (for a crime committed before July 1, 2014) or a Level 4 felony
    (for a crime committed after June 30, 2014).
    (15) Promotion of human sexual trafficking under
    IC 35-42-3.5-1.1.
    (16) Promotion of child sexual trafficking under
    IC 35-42-3.5-1.2(a).
    (17) Promotion of sexual trafficking of a younger child (IC
    35-42-3.5-1.2(c)).
    (18) Child sexual trafficking (IC 35-42-3.5-1.3).
    (19) Human trafficking under IC 35-42-3.5-1.4 if the victim is
    less than eighteen (18) years of age.
    (20) Sexual misconduct by a service provider with a detained or
    supervised child (IC 35-44.1-3-10(c)).
  (b) The term includes:
    (1) a person who is required to register as a sex offender in any
    jurisdiction;
    (2) a person who has been designated:
        (A) a sex offender;
        (B) a sexually violent predator; or
        (C) with a substantially equivalent designation;
    in another jurisdiction and who was or would be subjected to the
    sex offender registration reporting requirements in the other
    jurisdiction if the person resided, worked, volunteered, attended
    school, or owned real property in that jurisdiction, as determined
    by the department;
    (3) a person who has been convicted of failure to register as a sex
    offender in any jurisdiction; and
    (4) a child who has committed a delinquent act, or a person
    prosecuted under IC 31-30-1-4(d) for an offense described in
SEA 80 — CC 1
                                   54
      subsection (a) committed when the person was less than eighteen
      (18) years of age, but who was at least twenty-one (21) years of
      age when the charge was filed, and who:
         (A) is at least fourteen (14) years of age;
         (B) is on probation, is on parole, is discharged from a facility
         by the department of correction, is discharged from a secure
         private facility (as defined in IC 31-9-2-115),
         IC 31-9-2.1-223), or is discharged from a juvenile detention
         facility as a result of an adjudication as a delinquent child for
         an act that would be an offense described in subsection (a) if
         committed by an adult; and
         (C) is found by a court by clear and convincing evidence to be
         likely to repeat an act that would be an offense described in
         subsection (a) if committed by an adult.
   (c) In making a determination under subsection (b)(4)(C), the court
shall consider expert testimony concerning whether a child is likely to
repeat an act that would be an offense described in subsection (a) if
committed by an adult.
   (d) A person ordered to register under subsection (b)(4) may
petition the court to reconsider the order at any time after completing
court ordered sex offender treatment. The court shall consider expert
testimony concerning whether a child or person is likely to repeat an
offense described in subsection (a) or an act that would be an offense
described in subsection (a) if committed by an adult.
   SECTION 54. IC 11-8-8-5, AS AMENDED BY HEA 1303-2026,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 5. (a) Except as provided in section 22 of this
chapter, as used in this chapter, "sex or violent offender" means a
person convicted of any of the following offenses:
      (1) Rape (IC 35-42-4-1).
      (2) Criminal deviate conduct (IC 35-42-4-2) (before its repeal).
      (3) Child molesting (IC 35-42-4-3).
      (4) Child exploitation (IC 35-42-4-4).
      (5) Vicarious sexual gratification (including performing sexual
      conduct in the presence of a minor) (IC 35-42-4-5).
      (6) Child solicitation (IC 35-42-4-6).
      (7) Child seduction (IC 35-42-4-7).
      (8) Sexual misconduct with a minor (IC 35-42-4-9) as a Class A,
      Class B, or Class C felony (for a crime committed before July 1,
      2014) or a Level 1, Level 2, Level 4, or Level 5 felony (for a
      crime committed after June 30, 2014), unless:
         (A) the person is convicted of sexual misconduct with a minor
SEA 80 — CC 1
                                 55
       as a Class C felony (for a crime committed before July 1,
       2014) or a Level 5 felony (for a crime committed after June
       30, 2014);
       (B) the person is not more than:
          (i) four (4) years older than the victim if the offense was
          committed after June 30, 2007; or
          (ii) five (5) years older than the victim if the offense was
          committed before July 1, 2007; and
       (C) the sentencing court finds that the person should not be
       required to register as a sex offender.
    (9) Incest (IC 35-46-1-3).
    (10) Sexual battery (IC 35-42-4-8).
    (11) Kidnapping (IC 35-42-3-2), if the victim is less than eighteen
    (18) years of age, and the person who kidnapped the victim is not
    the victim's parent or guardian.
    (12) Criminal confinement (IC 35-42-3-3), if the victim is less
    than eighteen (18) years of age, and the person who confined or
    removed the victim is not the victim's parent or guardian.
    (13) Possession of child sex abuse material (IC 35-42-4-4(d) or
    IC 35-42-4-4(e)) (before July 1, 2026), or a child sex abuse
    material offense under IC 35-42-4-4.5 (after June 30, 2026).
    (14) Promoting prostitution (IC 35-45-4-4) as a Class B felony
    (for a crime committed before July 1, 2014) or a Level 4 felony
    (for a crime committed after June 30, 2014).
    (15) Promotion of human sexual trafficking under
    IC 35-42-3.5-1.1.
    (16) Promotion of child sexual trafficking under
    IC 35-42-3.5-1.2(a).
    (17) Promotion of sexual trafficking of a younger child (IC
    35-42-3.5-1.2(c)).
    (18) Child sexual trafficking (IC 35-42-3.5-1.3).
    (19) Human trafficking under IC 35-42-3.5-1.4 if the victim is
    less than eighteen (18) years of age.
    (20) Murder (IC 35-42-1-1).
    (21) Voluntary manslaughter (IC 35-42-1-3).
    (22) Sexual misconduct by a service provider with a detained or
    supervised child (IC 35-44.1-3-10(c)).
  (b) The term includes:
    (1) a person who is required to register as a sex or violent
    offender in any jurisdiction;
    (2) a person who has been designated:
       (A) a sex offender;
SEA 80 — CC 1
                                   56
          (B) a sexually violent predator; or
          (C) with a substantially equivalent designation;
      in another jurisdiction, and who was or would be subjected to the
      sex offender registration reporting requirements in the other
      jurisdiction if the person resided, worked, volunteered, attended
      school, or owned real property in that jurisdiction, as determined
      by the department;
      (3) a person who has been convicted of failure to register as a sex
      offender in any jurisdiction; and
      (4) a child who has committed a delinquent act, or a person
      prosecuted under IC 31-30-1-4(d) for an offense described in
      subsection (a) committed when the person was less than eighteen
      (18) years of age, but who was at least twenty-one (21) years of
      age when the charge was filed, and who:
          (A) is at least fourteen (14) years of age;
          (B) is on probation, is on parole, is discharged from a facility
          by the department of correction, is discharged from a secure
          private facility (as defined in IC 31-9-2-115),
          IC 31-9-2.1-223), or is discharged from a juvenile detention
          facility as a result of an adjudication as a delinquent child for
          an act that would be an offense described in subsection (a) if
          committed by an adult; and
          (C) is found by a court by clear and convincing evidence to be
          likely to repeat an act that would be an offense described in
          subsection (a) if committed by an adult.
   (c) In making a determination under subsection (b)(4)(C), the court
shall consider expert testimony concerning whether a child is likely to
repeat an act that would be an offense described in subsection (a) if
committed by an adult.
   (d) A person ordered to register under subsection (b)(4) may
petition the court to reconsider the order at any time after completing
court ordered sex offender treatment. The court shall consider expert
testimony concerning whether a child or person is likely to repeat an
offense described in subsection (a) or an act that would be an offense
described in subsection (a) if committed by an adult.
   SECTION 55. IC 11-8-8-7, AS AMENDED BY THE TECHNICAL
CORRECTIONS BILL OF THE 2026 GENERAL ASSEMBLY, IS
AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2026]:
Sec. 7. (a) Subject to section 19 of this chapter, the following persons
must register under this chapter:
      (1) A sex or violent offender who resides in Indiana. A sex or
      violent offender resides in Indiana if either of the following
SEA 80 — CC 1
                                    57
      applies:
          (A) The sex or violent offender spends or intends to spend at
          least seven (7) days (including part of a day) in Indiana during
          a one hundred eighty (180) day period.
          (B) The sex or violent offender owns real property in Indiana
          and returns to Indiana at any time.
      (2) A sex or violent offender who works or carries on a vocation
      or intends to work or carry on a vocation full time or part time: for
      a period:
          (A) for a period exceeding seven (7) consecutive days; or
          (B) for a total period exceeding fourteen (14) days;
      during any calendar year in Indiana regardless of whether the sex
      or violent offender is financially compensated, volunteered, or is
      acting for the purpose of government or educational benefit.
      (3) A sex or violent offender who is enrolled or intends to be
      enrolled on a full-time or part-time basis in any public or private
      educational institution, including any secondary school, trade, or
      professional institution, or postsecondary educational institution.
   (b) Except as provided in subsection (e), a sex or violent offender
who resides in Indiana shall register with the local law enforcement
authority in the county where the sex or violent offender resides. If a
sex or violent offender resides in more than one (1) county, the sex or
violent offender shall register with the local law enforcement authority
in each county in which the sex or violent offender resides. If the sex
or violent offender is also required to register under subsection (a)(2)
or (a)(3), the sex or violent offender shall also register with the local
law enforcement authority in the county in which the offender is
required to register under subsection (c) or (d).
   (c) A sex or violent offender described in subsection (a)(2) shall
register with the local law enforcement authority in the county where
the sex or violent offender is or intends to be employed or carry on a
vocation. If a sex or violent offender is or intends to be employed or
carry on a vocation in more than one (1) county, the sex or violent
offender shall register with the local law enforcement authority in each
county. If the sex or violent offender is also required to register under
subsection (a)(1) or (a)(3), the sex or violent offender shall also register
with the local law enforcement authority in the county in which the
offender is required to register under subsection (b) or (d).
   (d) A sex or violent offender described in subsection (a)(3) shall
register with the local law enforcement authority in the county where
the sex or violent offender is enrolled or intends to be enrolled as a
student. If the sex or violent offender is also required to register under
SEA 80 — CC 1
                                    58
subsection (a)(1) or (a)(2), the sex or violent offender shall also register
with the local law enforcement authority in the county in which the
offender is required to register under subsection (b) or (c).
    (e) A sex or violent offender described in subsection (a)(1)(B) shall
register with the local law enforcement authority in the county in which
the real property is located. If the sex or violent offender is also
required to register under subsection (a)(1)(A), (a)(2), or (a)(3), the sex
or violent offender shall also register with the local law enforcement
authority in the county in which the offender is required to register
under subsection (b), (c), or (d).
    (f) A sex or violent offender committed to the department shall
register with the department before the sex or violent offender is placed
in a community transition program, placed in a work release program,
or released from incarceration, whichever occurs first. The department
shall forward the sex or violent offender's registration information to
the local law enforcement authority of every county in which the sex or
violent offender is required to register. If a sex or violent offender
released from the department under this subsection:
       (1) informs the department of the offender's intended location of
       residence upon release; and
       (2) does not move to this location upon release;
the offender shall, not later than seventy-two (72) hours after the date
on which the offender is released, report in person to the local law
enforcement authority having jurisdiction over the offender's current
address or location.
    (g) This subsection does not apply to a sex or violent offender who
is a sexually violent predator. A sex or violent offender not committed
to the department shall register not more than seven (7) days after the
sex or violent offender:
       (1) is released from a penal facility (as defined in
       IC 35-31.5-2-232);
       (2) is released from a secure private facility (as defined in
       IC 31-9-2-115); IC 31-9-2.1-223);
       (3) is released from a juvenile detention facility;
       (4) is transferred to a community transition program;
       (5) is placed on parole;
       (6) is placed on probation;
       (7) is placed on home detention; or
       (8) arrives at the place where the sex or violent offender is
       required to register under subsection (b), (c), or (d);
whichever occurs first. A sex or violent offender required to register in
more than one (1) county under subsection (b), (c), (d), or (e) shall
SEA 80 — CC 1
                                   59
register in each appropriate county not more than seventy-two (72)
hours after the sex or violent offender's arrival in that county or
acquisition of real estate in that county.
    (h) This subsection applies to a sex or violent offender who is a
sexually violent predator. A sex or violent offender who is a sexually
violent predator shall register not more than seventy-two (72) hours
after the sex or violent offender:
       (1) is released from a penal facility (as defined in
       IC 35-31.5-2-232);
       (2) is released from a secure private facility (as defined in
       IC 31-9-2-115); IC 31-9-2.1-223);
       (3) is released from a juvenile detention facility;
       (4) is transferred to a community transition program;
       (5) is placed on parole;
       (6) is placed on probation;
       (7) is placed on home detention; or
       (8) arrives at the place where the sexually violent predator is
       required to register under subsection (b), (c), or (d);
whichever occurs first. A sex or violent offender who is a sexually
violent predator required to register in more than one (1) county under
subsection (b), (c), (d), or (e) shall register in each appropriate county
not more than seventy-two (72) hours after the offender's arrival in that
county or acquisition of real estate in that county.
    (i) The local law enforcement authority with whom a sex or violent
offender registers under this section shall make and publish a
photograph of the sex or violent offender on the Indiana sex and violent
offender registry website established under IC 36-2-13-5.5. The local
law enforcement authority shall make a photograph of the sex or
violent offender that complies with the requirements of IC 36-2-13-5.5
at least once per year. The sheriff of a county containing a consolidated
city shall provide the police chief of the consolidated city with all
photographic and computer equipment necessary to enable the police
chief of the consolidated city to transmit sex or violent offender
photographs (and other identifying information required by
IC 36-2-13-5.5) to the Indiana sex and violent offender registry website
established under IC 36-2-13-5.5. In addition, the sheriff of a county
containing a consolidated city shall provide all funding for the county's
financial obligation for the establishment and maintenance of the
Indiana sex and violent offender registry website established under
IC 36-2-13-5.5.
    (j) When a sex or violent offender registers, the local law
enforcement authority shall:
SEA 80 — CC 1
                                   60
      (1) immediately update the Indiana sex and violent offender
      registry website established under IC 36-2-13-5.5;
      (2) notify every law enforcement agency having jurisdiction in the
      county where the sex or violent offender resides; and
      (3) update the National Crime Information Center National Sex
      Offender Registry data base via the Indiana data and
      communications system (IDACS).
When a sex or violent offender from a jurisdiction outside Indiana
registers a change of address, electronic mail address, instant
messaging username, electronic chat room username, social networking
website username, employment, vocation, or enrollment in Indiana, the
local law enforcement authority shall provide the department with the
information provided by the sex or violent offender during registration.
    SECTION 56. IC 11-8-8-9, AS AMENDED BY P.L.3-2008,
SECTION 87, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 9. (a) Not more than seven (7) days before an
Indiana sex or violent offender who is required to register under this
chapter is scheduled to be released from a secure private facility (as
defined in IC 31-9-2-115), IC 31-9-2.1-223), or released from a
juvenile detention facility, an official of the facility shall do the
following:
      (1) Orally inform the sex or violent offender of the sex or violent
      offender's duty to register under this chapter and require the sex
      or violent offender to sign a written statement that the sex or
      violent offender was orally informed or, if the sex or violent
      offender refuses to sign the statement, certify that the sex or
      violent offender was orally informed of the duty to register.
      (2) Deliver a form advising the sex or violent offender of the sex
      or violent offender's duty to register under this chapter and require
      the sex or violent offender to sign a written statement that the sex
      or violent offender received the written notice or, if the sex or
      violent offender refuses to sign the statement, certify that the sex
      or violent offender was given the written notice of the duty to
      register.
      (3) Obtain the address where the sex or violent offender expects
      to reside after the sex or violent offender's release.
      (4) Transmit to the local law enforcement authority in the county
      where the sex or violent offender expects to reside the sex or
      violent offender's name, date of release or transfer, new address,
      and the offense or delinquent act committed by the sex or violent
      offender.
    (b) Not more than seventy-two (72) hours after a sex or violent
SEA 80 — CC 1
                                    61
offender who is required to register under this chapter is released or
transferred as described in subsection (a), an official of the facility shall
transmit to the state police the following:
      (1) The sex or violent offender's fingerprints, photograph, and
      identification factors.
      (2) The address where the sex or violent offender expects to
      reside after the sex or violent offender's release.
      (3) The complete criminal history data (as defined in
      IC 10-13-3-5) or, if the sex or violent offender committed a
      delinquent act, juvenile history data (as defined in IC 10-13-4-4)
      of the sex or violent offender.
      (4) Information regarding the sex or violent offender's past
      treatment for mental disorders.
      (5) Information as to whether the sex or violent offender has been
      determined to be a sexually violent predator.
    (c) This subsection applies if a sex or violent offender is placed on
probation or in a community corrections program without being
confined in a penal facility. The probation office serving the court in
which the sex or violent offender is sentenced shall perform the duties
required under subsections (a) and (b).
    (d) For any sex or violent offender who is not committed to the
department, the probation office of the sentencing court shall transmit
to the department a copy of:
      (1) the sex or violent offender's:
          (A) sentencing order; and
          (B) presentence investigation; and
      (2) any other information required by the department to make a
      determination concerning sex or violent offender registration.
    SECTION 57. IC 11-8-8-13, AS AMENDED BY P.L.214-2013,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 13. (a) To verify a sex or violent offender's current
residence, the local law enforcement authority having jurisdiction over
the area of the sex or violent offender's current principal address or
location shall do the following:
      (1) Contact each offender in a manner approved or prescribed by
      the department at least one (1) time per year.
      (2) Contact each offender who is designated a sexually violent
      predator in a manner approved or prescribed by the department at
      least once every ninety (90) days.
      (3) Personally visit each sex or violent offender in the county at
      the sex or violent offender's listed address at least one (1) time per
      year, beginning seven (7) days after the local law enforcement
SEA 80 — CC 1
                                   62
      authority receives a notice under section 7 of this chapter or the
      date the sex or violent offender is:
         (A) released from a penal facility (as defined in
         IC 35-31.5-2-232), a secure private facility (as defined in
         IC 31-9-2-115), IC 31-9-2.1-223), or a juvenile detention
         facility;
         (B) placed in a community transition program;
         (C) placed in a community corrections program;
         (D) placed on parole; or
         (E) placed on probation;
      whichever occurs first.
      (4) Personally visit each sex or violent offender who is designated
      a sexually violent predator under IC 35-38-1-7.5 at least once
      every ninety (90) days, beginning seven (7) days after the local
      law enforcement authority receives a notice under section 7 of
      this chapter or the date the sex or violent offender is:
         (A) released from a penal facility (as defined in
         IC 35-31.5-2-232), a secure private facility (as defined in
         IC 31-9-2-115), IC 31-9-2.1-223), or a juvenile detention
         facility;
         (B) placed in a community transition program;
         (C) placed in a community corrections program;
         (D) placed on parole; or
         (E) placed on probation;
      whichever occurs first.
   (b) If a sex or violent offender appears not to reside at the sex or
violent offender's listed address, the local law enforcement authority
shall immediately notify the department and the prosecuting attorney.
   SECTION 58. IC 11-10-4-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 1. (a) As used in this
chapter, the terms used in IC 12-26 have the meanings set forth in
IC 12-7-2. IC 12-7-2.1.
   (b) As used in this chapter, "qualified medical personnel" has the
meaning set out in IC 11-10-3-1.
   SECTION 59. IC 11-10-12-5.7, AS AMENDED BY P.L.6-2021,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 5.7. (a) The department shall assist a committed
offender who has a mental illness or addictive disorder in securing
treatment through an approved Medicaid program, as the authorized
representative as described in IC 11-10-3-7 or as a health navigator
under the requirements of IC 27-19-2-12, so that the committed
offender might be eligible for treatment when the offender is:
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      (1) released on parole;
      (2) assigned to a community transition program;
      (3) discharged from the department; or
      (4) required to receive inpatient psychiatric services while
      incarcerated to the extent authorized under federal law.
   (b) The department shall provide the assistance described in
subsection (a) in sufficient time to ensure that the committed offender
will be able to receive treatment at the time the committed offender is:
      (1) released on parole;
      (2) assigned to a community transition program; or
      (3) discharged from the department.
   (c) Subject to federal law, an inmate placed in a work release
program or other department program involving alternative sentencing
programs is eligible for Medicaid covered services.
   (d) The department may use a community mental health center (as
defined in IC 12-7-2-38), IC 12-7-2.1-78), hospital, mental health
professional, or other provider certified or licensed by the division of
mental health and addiction to provide treatment for a mental illness or
addictive disorder through the Medicaid program.
   (e) The department may permit an offender committed to the
department to remain within a treatment facility operated by the
department for not more than fourteen (14) days past the offender's
mandatory release date, if:
      (1) the offender has a serious physical or mental disorder or
      disability;
      (2) the offender is being held in the treatment facility operated by
      the department until the offender may be placed in a similar
      treatment setting outside the department;
      (3) the department made a good faith effort to timely place the
      offender in a treatment setting outside the department on or before
      the offender's mandatory release date; and
      (4) the offender:
         (A) consents to being held in a treatment facility operated by
         the department beyond the offender's mandatory release date;
         or
         (B) has been ordered by a court to be committed to a treatment
         setting outside the department.
   SECTION 60. IC 11-12-3.7-2.8, AS ADDED BY P.L.187-2015,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2.8. As used in this chapter, "developmental
disability" has the meaning set forth in IC 12-7-2-61. IC 12-7-2.1-118.
   SECTION 61. IC 11-12-5-10, AS ADDED BY P.L.185-2015,
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SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 10. (a) This section is effective beginning
September 1, 2015.
    (b) The sheriff, in consultation with the county executive or a person
designated by the county executive, shall assist an offender who has a
mental illness or addictive disorder in securing treatment for the mental
illness or for substance abuse addiction, as the authorized
representative as described in IC 11-10-3-7 or as a health navigator
under the requirements of IC 27-19-2-12, so that the offender might be
eligible for treatment when the offender is subsequently released from
the county jail or required to receive inpatient psychiatric services
while incarcerated to the extent authorized under federal law.
    (c) The sheriff shall provide the assistance described in subsection
(b) in sufficient time to ensure that the offender will be able to receive
treatment at the time the committed offender is released from the
county jail.
    (d) A sheriff shall use a community mental health center (as defined
in IC 12-7-2-38) IC 12-7-2.1-78) or a provider certified or licensed by
the division of mental health and addiction, including a hospital or
outreach eligibility worker, to assist with securing treatment for a
mental illness or addictive disorder through the Medicaid program
under this section.
    SECTION 62. IC 12-7-2 IS REPEALED [EFFECTIVE JULY 1,
2026]. (Definitions for Human Services Law).
    SECTION 63. IC 12-7-2.1 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]:
    Chapter 2.1. Definitions
    Sec. 1. "9-8-8 crisis response center", for purposes of
IC 12-21-8, has the meaning set forth in IC 12-21-8-1.
    Sec. 2. "9-8-8 suicide and crisis lifeline", for purposes of
IC 12-21-8, has the meaning set forth in IC 12-21-8-1.2.
    Sec. 3. "ABLE account", for purposes of IC 12-11-14, has the
meaning set forth in IC 12-11-14-1.
    Sec. 4. "Activities of daily living", for purposes of IC 12-10-10
and IC 12-10-11.5, has the meaning set forth in IC 12-10-10-1.5.
    Sec. 5. "Addiction treatment team", for purposes of
IC 12-23-19.5, has the meaning set forth in IC 12-23-19.5-1.
    Sec. 6. "Administrator", for purposes of:
      (1) IC 12-10-15, has the meaning set forth in IC 12-10-15-1.5;
      and
      (2) IC 12-24-17, has the meaning set forth in IC 12-24-17-1.
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    Sec. 7. "Adult entertainment establishment", for purposes of
IC 12-13-14-4.5, means a place that provides adult oriented
entertainment in which performers disrobe or perform in an
unclothed state for entertainment.
    Sec. 8. "Adult protective services unit", for purposes of
IC 12-10-3, has the meaning set forth in IC 12-10-3-1.
    Sec. 9. "Advance", for purposes of IC 12-20-25-41, has the
meaning set forth in IC 12-20-25-41.
    Sec. 10. "Advanced practice registered nurse", for purposes of
IC 12-15-5-14, has the meaning set forth in IC 12-15-5-14(a).
    Sec. 11. "Advisory committee", for purposes of IC 12-15-35-51,
has the meaning set forth in IC 12-15-35-51.
    Sec. 12. "Advocacy", for purposes of IC 12-28-1, has the
meaning set forth in IC 12-28-1-2.
    Sec. 13. "Advocate", for purposes of IC 12-26, refers to a person
who:
      (1) is a court appointed special advocate (as defined in
      IC 31-9-2.1-67); or
      (2) is a guardian ad litem (as defined in IC 31-9-2.1-117).
    Sec. 14. "Affected agency", for purposes of IC 12-16-1, has the
meaning set forth in IC 12-16-1-1.
    Sec. 15. "Aged", for purposes of IC 12-10-1 and IC 12-10-2,
means an individual who is at least sixty (60) years of age.
    Sec. 16. "Agency" means the following:
      (1) For purposes of IC 12-12.7-2, the meaning set forth in
      IC 12-12.7-2-1.
      (2) For purposes of IC 12-32-1, the meaning set forth in
      IC 12-32-1-1.
    Sec. 17. "Alcohol abuse", for purposes of IC 12-23, means
repeated episodes of intoxication or drinking which impair health
or interfere with an individual's effectiveness on the job, at home,
in the community, or operating a motor vehicle.
    Sec. 18. "Alcohol abuser", for purposes of IC 12-23, means an
individual who has had repeated episodes of intoxication or
drinking which impair the individual's health or interfere with the
individual's effectiveness on the job, at home, in the community, or
in operating a motor vehicle.
    Sec. 19. "Alcohol and drug services program", for purposes of
IC 12-23, means a service for a person:
      (1) arrested for, charged with, or convicted of a misdemeanor
      or felony;
      (2) against whom a:
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        (A) complaint for an infraction is filed; or
        (B) judgment for an infraction is entered; or
     (3) who is referred to a program under IC 12-23-14-5;
which provides intervention, education, referral, treatment, or
rehabilitation, under the operation of a court or under private
contract.
   Sec. 20. "Alcoholic", for purposes of IC 12-23, means an
individual who chronically and habitually uses alcoholic beverages
to the extent that the individual:
     (1) loses the power of self-control with respect to the use of
     alcoholic beverages; and
     (2) becomes a menace to the public morals, health, safety, or
     welfare of the members of society in general.
   Sec. 21. "Alcoholism", for purposes of IC 12-23, means the
abnormal condition which the effect of alcohol produces in an
alcoholic.
   Sec. 22. "Alzheimer's and dementia special care", for purposes
of IC 12-10-5.5, has the meaning set forth in IC 12-10-5.5-1.
   Sec. 23. "Ancillary services", for purposes of IC 12-10-17.1, has
the meaning set forth in IC 12-10-17.1-2.
   Sec. 24. "Applicant" means the following:
     (1) For purposes of the following statutes, a person who has
     applied for assistance for the applicant or another person
     under any of the following statutes:
        (A) IC 12-10-6.
        (B) IC 12-13.
        (C) IC 12-14.
        (D) IC 12-15.
        (E) IC 12-19.
     (2) For purposes of IC 12-17-12, the meaning set forth in
     IC 12-17-12-1.
     (3) For purposes of IC 12-17-13, the meaning set forth in
     IC 12-17-13-1.
     (4) For purposes of IC 12-17.2, a person who seeks a license to
     operate a child care center or child care home.
     (5) For purposes of IC 31-27, a person who seeks a license to
     operate a child caring institution, foster family home, group
     home, or child placing agency.
   Sec. 25. "Appropriate and medically necessary", for purposes
of IC 12-15-35, has the meaning set forth in IC 12-15-35-1.
   Sec. 26. "Approved postsecondary educational institution" has
the meaning set forth in IC 21-7-13-6(a).
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   Sec. 27. "Area agency", for purposes of IC 12-10-5.7, has the
meaning set forth in IC 12-10-5.7-1.
   Sec. 28. "Asset disregard", for purposes of IC 12-15-39.6, has
the meaning set forth in IC 12-15-39.6-10.
   Sec. 29. "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 12-10-6.
     (2) IC 12-13.
     (3) IC 12-14.
     (4) IC 12-15.
     (5) IC 12-19.
   Sec. 30. "Assisted living services", for purposes of IC 12-8-1.6,
has the meaning set forth in IC 12-8-1.6-1.
   Sec. 31. "Attendant care services", for purposes of
IC 12-10-17.1, has the meaning set forth in IC 12-10-17.1-3.
   Sec. 32. "Authority", for purposes of IC 12-11-14, has the
meaning set forth in IC 12-11-14-2.
   Sec. 33. (a) "Autism", for purposes of IC 12-11-8, has the
meaning set forth in IC 12-11-8-1.
   (b) "Autism", for purposes of IC 12-11-1.1-6 and IC 12-28-4-13,
refers to an autism spectrum disorder that is described in the most
recent edition of the Diagnostic and Statistical Manual of Mental
Disorders of the American Psychiatric Association.
   Sec. 34. "Automated teller machine", for purposes of
IC 12-13-14, has the meaning set forth in IC 12-13-14-1.
   Sec. 35. "Basic necessities", for purposes of IC 12-20, includes
those services or items essential to meet the minimum standards of
health, safety, and decency, including the following:
     (1) Medical care described in IC 12-20-16-2.
     (2) Clothing and footwear.
     (3) Food.
     (4) Shelter.
     (5) Transportation to seek and accept employment on a
     reasonable basis.
     (6) Household essentials.
     (7) Essential utility services.
     (8) Other services or items the township trustee determines
     are necessities.
   Sec. 36. "Basic services", for purposes of IC 12-10-17.1, has the
meaning set forth in IC 12-10-17.1-4.
   Sec. 37. "Battery", for purposes of IC 12-10-3, includes battery
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(IC 35-42-2-1), domestic battery (IC 35-42-2-1.3), and aggravated
battery (IC 35-42-2-1.5).
   Sec. 38. "Blind" means the following:
     (1) For purposes of the following statutes, the term refers to
     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
     division of family resources or by the division in the manner
     provided in any of the following statutes:
         (A) IC 12-10-6.
         (B) IC 12-13.
         (C) IC 12-14.
         (D) IC 12-15.
         (E) IC 12-19.
     (2) For purposes of the following statutes, the term refers to
     an individual who has a central visual acuity of 20/200 or less
     in the individual's better eye with the best correction or a field
     of vision that is not greater than twenty (20) degrees at its
     widest diameter:
         (A) IC 12-12-1.
         (B) IC 12-12-3.
         (C) IC 12-12-5.
         (D) IC 12-12-6.
   Sec. 39. "Board" has the following meaning:
     (1) For purposes of IC 12-8-6.5-14, the meaning set forth in
     IC 12-8-6.5-14(a).
     (2) For purposes of IC 12-8-6.5-14.1, the meaning set forth in
     IC 12-8-6.5-14.1(a).
     (3) For purposes of IC 12-8-6.5-14.3, the meaning set forth in
     IC 12-8-6.5-14.3(a).
     (4) For purposes of IC 12-8-6.5-15, the meaning set forth in
     IC 12-8-6.5-15(a).
     (5) For purposes of IC 12-10-10 and IC 12-10-11, the
     community and home options to institutional care for the
     elderly and disabled board established by IC 12-10-11-1.
     (6) For purposes of IC 12-11-14, the meaning set forth in
     IC 12-11-14-3.
     (7) For purposes of IC 12-15-35, the meaning set forth in
     IC 12-15-35-2.
   Sec. 40. "Body", for purposes of IC 12-8-2.5, has the meaning
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set forth in IC 12-8-2.5-1.
   Sec. 41. "Broker", for purposes of IC 12-15-30.5, has the
meaning set forth in IC 12-15-30.5-1.
   Sec. 42. "Bureau" means the following:
      (1) For purposes of IC 12-10, the bureau of better aging
      established by IC 12-10-1-1.
      (2) For purposes of IC 12-11, the bureau of disabilities
      services established by IC 12-11-1.1-1.
      (3) For purposes of IC 12-12, the rehabilitation services
      bureau of the division of disability, aging, and rehabilitative
      services established by IC 12-12-1-1.
   Sec. 43. "Buy-in program", as used in IC 12-15-41, has the
meaning set forth in IC 12-15-41-1.
   Sec. 43.6. "Candy", for purposes of IC 12-14-30-10, has the
meaning set forth in IC 12-14-30-10(a).
   Sec. 44. "Caregiver", for purposes of IC 12-17.2, means an
individual who is assigned by a provider the responsibility for
supervising a specific child in the care of the provider.
   Sec. 45. "Caretaker", for purposes of IC 12-10, has the meaning
set forth in IC 12-10-22-1.
   Sec. 46. "Case management", for purposes of IC 12-10-1 and
IC 12-10-10, has the meaning set forth in IC 12-10-10-1.
   Sec. 47. "CCDF", for purposes of IC 12-17.2-7.2, has the
meaning set forth in IC 12-17.2-7.2-0.4.
   Sec. 48. "Center", for purposes of IC 12-26, means a community
mental health center.
   Sec. 49. "Center for independent living", for purposes of
IC 12-12-8, has the meaning set forth in IC 12-12-8-1.
   Sec. 50. "Certified community behavioral health clinic", for
purposes of IC 12-15-1.3-25, has the meaning set forth in
IC 12-15-1.3-25.
   Sec. 50.5 "Certified peer", for purposes of IC 12-21, means an
individual who is trained and certified by the division of mental
health and addiction or an approved nationally accredited
certification body to provide ongoing support to individuals and
families of individuals who are receiving mental health or
substance use recovery supports and services.
   Sec. 51. "Chemical test", for purposes of IC 12-23-14, means an
analysis of an individual's:
      (1) blood;
      (2) breath;
      (3) hair;
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      (4) sweat;
      (5) saliva;
      (6) urine; or
      (7) other bodily substance;
to determine the presence of alcohol or a controlled substance (as
defined in IC 35-48-1.1-7).
   Sec. 52. "Chief magistrate", for purposes of IC 12-28-3, has the
meaning set forth in IC 12-28-3-3.
   Sec. 53. "Child" means the following:
      (1) For purposes of IC 12-17.2, an individual who is less than
      eighteen (18) years of age.
      (2) For purposes of IC 12-26, the meaning set forth in
      IC 31-9-2.1-32(d).
   Sec. 54. "Child care", for purposes of IC 12-17.2, means a
service that provides for the care, health, safety, and supervision
of a child's social, emotional, and educational growth.
   Sec. 55. "Child care center", for purposes of IC 12-17.2, means
a nonresidential building where at least one (1) child receives child
care from a provider:
      (1) while unattended by a parent, legal guardian, or
      custodian;
      (2) for regular compensation; and
      (3) for more than four (4) hours but less than twenty-four (24)
      hours in each of ten (10) consecutive days per year, excluding
      intervening Saturdays, Sundays, and holidays.
   Sec. 56. "Child care employee", for purposes of IC 12-17.2-7.2,
has the meaning set forth in IC 12-17.2-7.2-0.5.
   Sec. 57. (a) Except as provided in subsection (c), "child care
home", for purposes of IC 12-17.2, means a residential structure
in which at least eight (8) children, or at least four (4) children
under twelve (12) months of age, (not including the children for
whom the provider is a parent, stepparent, guardian, custodian, or
other relative) at any time receive child care from a provider:
      (1) while unattended by a parent, legal guardian, or
      custodian;
      (2) for regular compensation; and
      (3) for more than six (6) hours per day but less than
      twenty-four (24) hours per day for ten (10) consecutive days,
      not including Saturdays, Sundays, and holidays.
   (b) The term includes:
      (1) a class I child care home; and
      (2) a class II child care home.
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    (c) A child who is:
      (1) a relative of a provider;
      (2) under the custody or guardianship of a provider; or
      (3) at least fourteen (14) years of age and does not require
      child care;
is not a child described under subsection (a).
    Sec. 58. "Child care ministry", for purposes of IC 12-17.2,
means child care operated by a church or religious ministry that
is a religious organization exempt from federal income taxation
under Section 501 of the Internal Revenue Code.
    Sec. 59. "Child care program", for purposes of IC 12-17.2-3.5,
has the meaning set forth in IC 12-17.2-3.5-1.2.
    Sec. 60. "Child caring institution", for purposes of section
149(3) of this chapter and IC 12-26, means an institution that:
      (1) operates under a license issued under IC 31-27;
      (2) provides for delivery of mental health services that are
      appropriate to the needs of the individual; and
      (3) complies with the rules adopted under IC 4-22-2 by the
      department of child services.
    Sec. 61. "Child in need of services", for purposes of the
following statutes, has the meaning set forth in IC 31-34-1-1
through IC 31-34-1-9:
      (1) IC 12-13.
      (2) IC 12-14.
      (3) IC 12-15.
      (4) IC 12-19.
    Sec. 62. "Child of a child care employee", for purposes of
IC 12-17.2-7.2, has the meaning set forth in IC 12-17.2-7.2-0.6.
    Sec. 63. "Child welfare services", for purposes of the following
statutes, has the meaning set forth in IC 31-9-2.1-52:
      (1) IC 12-13.
      (2) IC 12-14.
      (3) IC 12-15.
    Sec. 64. "Children's hospital", for purposes of IC 12-15-15-1.2,
has the meaning set forth in IC 12-15-15-1.2(a).
    Sec. 65. "Chronic pain" means pain that:
      (1) persists beyond the usual course of an acute disease or
      healing of an injury; or
      (2) may be associated with an acute or chronic pathologic
      process that causes continuous or intermittent pain for a
      period of months or years.
    Sec. 66. "Chronic pain management", for purposes of
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IC 12-15-5, means evidence based health care products and
services intended to relieve chronic pain that has lasted for at least
three (3) months. The term includes:
      (1) prescription drugs;
      (2) physical therapy;
      (3) occupational therapy;
      (4) chiropractic care; and
      (5) osteopathic manipulative treatment.
   Sec. 67. "Chronically medically dependent" for purposes of
IC 12-15-36, has the meaning set forth in IC 12-15-36-2.
   Sec. 68. (a) As used in this chapter, "class I child care home"
means a child care home that serves any combination of full-time
and part-time children, not to exceed at any one (1) time twelve
(12) children plus three (3) children who are enrolled in at least
full-day kindergarten.
   (b) A child:
      (1) for whom a provider of care in the child care home is a
      parent, stepparent, guardian, custodian, or other relative and
      who is at least seven (7) years of age; or
      (2) who is at least fourteen (14) years of age and does not
      require child care;
shall not be counted in determining whether the child care home is
within the limit set forth in subsection (a).
   Sec. 69. (a) As used in this chapter, "class II child care home"
means a child care home that serves more than twelve (12) children
but not more than any combination of sixteen (16) full-time and
part-time children at any one (1) time.
   (b) A child:
      (1) for whom a provider of care in the child care home is a
      parent, stepparent, guardian, custodian, or other relative and
      who is at least seven (7) years of age; or
      (2) who is at least fourteen (14) years of age and does not
      require child care;
shall not be counted in determining whether the child care home is
within the limit set forth in subsection (a).
   Sec. 70. (a) "Clean claim", for purposes of IC 12-15-13, except
for IC 12-15-13-1 and IC 12-15-13-1.5, has the meaning set forth in
IC 12-15-13-0.5.
   (b) "Clean claim", for purposes of IC 12-15-12.7, IC 12-15-13-1,
and IC 12-15-13-1.5, has the meaning set forth in IC 12-15-13-0.6.
   Sec. 71. (a) "Coalition", for purposes of IC 12-18-8, has the
meaning set forth in IC 12-18-8-1.
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   (b) "Coalition", for purposes of IC 12-18-9, has the meaning set
forth in IC 12-18-9-1.
   Sec. 72. "Commission" means the following:
     (1) For purposes of IC 12-10-2, the meaning set forth in
     IC 12-10-2-1.
     (2) For purposes of IC 12-12-2, the meaning set forth in
     IC 12-12-2-1.
     (3) For purposes of IC 12-13-14, the meaning set forth in
     IC 12-13-14-1.
     (4) For purposes of IC 12-15-30.5, the meaning set forth in
     IC 12-15-30.5-2.
     (5) For purposes of IC 12-15-33, the meaning set forth in
     IC 12-15-33-1.
     (6) For purposes of IC 12-21-7.1, the meaning set forth in
     IC 12-21-7.1-1.
     (7) For purposes of IC 12-28-1, the meaning set forth in
     IC 12-28-1-3.
   Sec. 73. "Commissioner", for purposes of IC 12-12-8, has the
meaning set forth in IC 12-12-8-1.5.
   Sec. 74. "Community action agency", for purposes of
IC 12-14-23, has the meaning set forth in IC 12-14-23-2.
   Sec. 75. "Community and home care services", for purposes of
IC 12-10-10, has the meaning set forth in IC 12-10-10-2.
   Sec. 76. "Community based residential program", for purposes
of IC 12-22-2, refers to the programs described in IC 12-22-2-3.5.
   Sec. 77. "Community intellectual disability and other
developmental disabilities centers", for purposes of IC 12-29
(except as provided in IC 12-29-3-6), means a program of services
that meets the following conditions:
     (1) Is approved by the division of disability, aging, and
     rehabilitative services.
     (2) Is organized for the purpose of providing multiple services
     for persons with developmental disabilities.
     (3) Is operated by one (1) of the following or any combination
     of the following:
         (A) A city, a town, a county, or another political
         subdivision of Indiana.
         (B) An agency of the state.
         (C) An agency of the United States.
         (D) A political subdivision of another state.
         (E) A hospital owned or operated by a unit of government
         described in clauses (A) through (D).
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         (F) A building authority organized for the purpose of
         constructing facilities to be leased to units of government.
         (G) A corporation incorporated under IC 23-7-1.1 (before
         its repeal August 1, 1991) or IC 23-17.
         (H) A nonprofit corporation incorporated in another state.
         (I) A university or college.
     (4) Is accredited for the services provided by one (1) of the
     following organizations:
         (A) The Commission on Accreditation of Rehabilitation
         Facilities (CARF), or its successor.
         (B) The Council on Quality and Leadership in Supports for
         People with Disabilities, or its successor.
         (C) The Joint Commission on Accreditation of Healthcare
         Organizations (JCAHO), or its successor.
         (D) The National Commission on Quality Assurance, or its
         successor.
         (E) An independent national accreditation organization
         approved by the secretary.
   Sec. 78. "Community mental health center" means a program
of services that meets the following conditions:
     (1) Is approved by the division of mental health and addiction.
     (2) Is organized for the purpose of providing multiple services
     for persons with mental illness or a chronic addictive
     disorder.
     (3) Is operated by one (1) of the following or any combination
     of the following:
         (A) A city, a town, a county, or another political
         subdivision of Indiana.
         (B) An agency of the state.
         (C) An agency of the United States.
         (D) A political subdivision of another state.
         (E) A hospital owned or operated by a unit of government
         described in clauses (A) through (D).
         (F) A building authority organized for the purpose of
         constructing facilities to be leased to units of government.
         (G) A corporation incorporated under IC 23-7-1.1 (before
         its repeal August 1, 1991) or IC 23-17.
         (H) A nonprofit corporation incorporated in another state.
         (I) A university or college.
   Sec. 79. "Community spouse", for purposes of IC 12-15-2,
means an individual who:
     (1) is the spouse of an individual who resides in a nursing
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     facility or another medical institution; and
     (2) does not reside in a nursing facility or another medical
     institution.
   Sec. 80. "Compendia", for purposes of IC 12-15-35 and
IC 12-15-35.5, has the meaning set forth in IC 12-15-35-3.
   Sec. 81. "Comprehensive risk contract" has the meaning set
forth in 42 CFR 438.2.
   Sec. 82. "Consumer control", for purposes of IC 12-12-8, has
the meaning set forth in IC 12-12-8-2.
   Sec. 83. (a) "Continuum of care" means a range of services:
     (1) defined by the division in rules adopted under IC 4-22-2 to
     provide a comprehensive continuum of care by a community
     mental health center or other provider; and
     (2) based on recovery focused models of care and that are
     intended to meet the individual treatment needs of the
     behavioral health consumer.
   (b) The continuum of care may include the following services:
     (1) Wellness programs.
     (2) Engagement services.
     (3) Outpatient and inpatient services.
     (4) Rehabilitative and habilitative services.
     (5) Residential care and supported housing.
     (6) Acute intensive services.
All services must support prevention and treatment of mental
health and addiction for all populations.
   Sec. 84. "Contracting county", for purposes of IC 12-30-7, has
the meaning set forth in IC 12-30-7-2.
   Sec. 85. "Contracting state", for purposes of IC 12-11-14, has
the meaning set forth in IC 12-11-14-4.
   Sec. 86. "Contribution", for purposes of IC 12-17-12, has the
meaning set forth in IC 12-17-12-2.
   Sec. 87. "Control board", for purposes of IC 12-20-25, has the
meaning set forth in IC 12-20-25-2.
   Sec. 88. (a) "Cooperate", for purposes of IC 12-14-2-24,
IC 12-14-7-2, and IC 12-14-7-3, includes, with regard to nonparent
custodians or guardians, the following:
     (1) To appear at appointments, in person or by telephone,
     with a prosecuting attorney related to:
        (A) establishing:
           (i) paternity; or
           (ii) an order for child support; or
        (B) enforcing an order for child support.
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    (2) To return telephone calls and respond to correspondence
    when requested by a prosecuting attorney.
    (3) To supply information, to the extent known by the
    nonparent custodian or guardian, for a prosecuting attorney
    to proceed with appropriate actions to:
        (A) establish paternity of a dependent child;
        (B) locate parents; or
        (C) establish a child support order with respect to a child.
    (4) To appear at hearings regarding:
        (A) establishment of paternity of a child or a child support
        order; or
        (B) enforcement of a child support order;
    if attendance is necessary as determined by the prosecuting
    attorney.
  (b) Information under subsection (a)(3) includes:
    (1) identification of potential fathers of a dependent child, if
    known and paternity has not been established; and
    (2) the following information, if known, regarding any parent
    or potential parent of a dependent child:
        (A) The full legal name and nicknames.
        (B) The Social Security number.
        (C) The current or last known address and telephone
        number.
        (D) The current or last known employer, including the
        name and address of the employer.
        (E) If a student, the current or last known school.
        (F) The criminal record, including where and when the
        parent or potential parent was incarcerated.
        (G) The date of birth or age.
        (H) The race.
        (I) Any known group or organizational affiliations.
        (J) The names and addresses of close friends or relatives.
        (K) Any other information that the prosecuting attorney
        requests to help locate or identify a parent of a dependent
        child.
        (L) A recent photograph.
  Sec. 89. "Council" means the following:
    (1) For purposes of IC 12-9-4, the meaning set forth in
    IC 12-9-4-1.
    (2) For purposes of IC 12-12-8, the meaning set forth in
    IC 12-12-8-2.5.
    (3) For purposes of IC 12-13-4, the meaning set forth in
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     IC 12-13-4-1.
     (4) For purposes of IC 12-12.7-2, the meaning set forth in
     IC 12-12.7-2-2.
     (5) For purposes of IC 12-21-4, the meaning set forth in
     IC 12-21-4-1.
   Sec. 90. "Counseling", for purposes of IC 12-15-35, has the
meaning set forth in IC 12-15-35-4.
   Sec. 91. "Countable asset" means the following:
     (1) For purposes of IC 12-10-10, property that is included in
     determining assets in the same manner as determining an
     individual's eligibility for the Medicaid aged and disabled
     waiver.
     (2) For purposes of IC 12-20, noncash property that is not
     necessary for the health, safety, or decent living standard of
     a household that:
         (A) is owned wholly or in part by the applicant or a
         member of the applicant's household;
         (B) the applicant or the household member has the legal
         right to sell or liquidate; and
         (C) includes:
           (i) real property other than property that is used for the
           production of income or that is the primary residence of
           the household;
           (ii) savings and checking accounts, certificates of deposit,
           bonds, stocks, and other intangibles that have a net cash
           value; and
           (iii) boats, other vehicles, or any other personal property
           used solely for recreational or entertainment purposes.
   Sec. 92. "Countable income", for purposes of IC 12-20, means
a monetary amount either paid to an applicant or a member of an
applicant's household not more than thirty (30) days before the
date of application for township assistance, or accrued and legally
available for withdrawal by an applicant or a member of an
applicant's household at the time of application or not more than
thirty (30) days after the date of application for township
assistance. The term includes the following:
     (1) Gross wages before mandatory deductions.
     (2) Social Security benefits, including Supplemental Security
     Income.
     (3) Aid to Families with Dependent Children.
     (4) Unemployment compensation.
     (5) Worker's compensation (except compensation that is
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     restricted for the payment of medical expenses).
     (6) Vacation pay.
     (7) Sick benefits.
     (8) Strike benefits.
     (9) Private or public pensions.
     (10) Taxable income from self-employment.
     (11) Bartered goods and services provided by another
     individual for the payment of nonessential needs on behalf of
     an applicant or an applicant's household if monetary
     compensation or the provision of basic necessities would have
     been reasonably available from that individual.
     (12) Child support.
     (13) Gifts of cash, goods, or services.
     (14) Other sources of revenue or services that the township
     trustee may reasonably determine to be countable income.
   Sec. 93. "Countable resources", for purposes of IC 12-15-41, has
the meaning set forth in IC 12-15-41-2.
   Sec. 94. "County director" refers to a director of a county office
of the division of family resources.
   Sec. 95. "County home", for purposes of IC 12-20, means a
residential facility owned, staffed, maintained, and operated by a
county government for eligible county residents who are able to
perform activities of daily living with little or no assistance,
including the following activities:
     (1) Bathing.
     (2) Dressing.
     (3) Grooming.
     (4) Walking.
     (5) Using the toilet.
     (6) Eating.
   Sec. 96. "County office" refers to a county office of the division
of family resources.
   Sec. 97. "Court", for purposes of IC 12-17.2, means a circuit or
superior court.
   Sec. 98. "Covered entity", for purposes of IC 12-15-23.5, has the
meaning set forth in IC 12-15-23.5-1.
   Sec. 99. "Covered medical services", for purposes of IC 12-16-1,
has the meaning set forth in IC 12-16-1-2.
   Sec. 100. "Covered outpatient drug", for purposes of
IC 12-15-35, has the meaning set forth in IC 12-15-35-4.5.
   Sec. 101. "Covered population", for purposes of IC 12-15-12.7
and IC 12-15-13-1.8, has the meaning set forth in
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IC 12-15-13-1.8(a).
   Sec. 102. "Creditor", for purposes of IC 12-20-25, has the
meaning set forth in IC 12-20-25-3.
   Sec. 103. "Crisis receiving and stabilization services", for
purposes of IC 12-21-8, has the meaning set forth in IC 12-21-8-2.
   Sec. 104. "Criteria", for purposes of IC 12-15-35, has the
meaning set forth in IC 12-15-35-5.
   Sec. 105. "Cross-disability", for purposes of IC 12-12-8, has the
meaning set forth in IC 12-12-8-3.
   Sec. 106. "Cross-indicated drug", for purposes of IC 12-15-35.5,
has the meaning set forth in IC 12-15-35.5-2.
   Sec. 107. "Crowd out", for purposes of IC 12-17.6, has the
meaning set forth in IC 12-17.6-1-2.
   Sec. 108. "Custodial authority of a building", for purposes of
the following statutes, means the person authorized to contract for
the provision of vending services in the building:
     (1) IC 12-12-5.
     (2) IC 12-12-6.
   Sec. 109. (a) Except as provided in subsection (b), "dangerous",
for purposes of IC 12-26, means a condition in which an individual
as a result of mental illness, presents a substantial risk that the
individual will harm the individual or others.
   (b) "Dangerous", for purposes of IC 12-26-5, means a condition
in which an individual presents a substantial risk that the
individual will harm the individual or others.
   Sec. 110. "Dangerous felony", for purposes of IC 12-17.2, means
one (1) or more of the following felonies:
     (1) Murder (IC 35-42-1-1).
     (2) Attempted murder (IC 35-41-5-1).
     (3) Voluntary manslaughter (IC 35-42-1-3).
     (4) Involuntary manslaughter (IC 35-42-1-4).
     (5) Reckless homicide (IC 35-42-1-5).
     (6) Aggravated battery (IC 35-42-2-1.5).
     (7) Kidnapping (IC 35-42-3-2).
     (8) Rape (IC 35-42-4-1).
     (9) Criminal deviate conduct (IC 35-42-4-2) (before its
     repeal).
     (10) Child molesting (IC 35-42-4-3).
     (11) Sexual misconduct with a minor as a Class A felony (for
     a crime committed before July 1, 2014) or a Level 1 felony
     (for a crime committed after June 30, 2014) under
     IC 35-42-4-9(a)(2) or a Class B felony (for a crime committed
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      before July 1, 2014) or a Level 2 felony (for a crime
      committed after June 30, 2014) under IC 35-42-4-9(b)(2).
      (12) Robbery as a Class A or Class B felony (for a crime
      committed before July 1, 2014) or a Level 2 or Level 3 felony
      (for a crime committed after June 30, 2014) (IC 35-42-5-1).
      (13) Burglary as a Class A or Class B felony (for a crime
      committed before July 1, 2014) or a Level 2 or Level 3 felony
      (for a crime committed after June 30, 2014) (IC 35-43-2-1).
      (14) Battery as a felony (IC 35-42-2-1).
      (15) Domestic battery (IC 35-42-2-1.3).
      (16) Strangulation (IC 35-42-2-9).
      (17) Criminal confinement (IC 35-42-3-3).
      (18) Sexual battery (IC 35-42-4-8).
    Sec. 111. "Decertify", for purposes of IC 12-17.2-3.5, means to
remove, for any period of less than two (2) years, a provider's
eligibility to receive a voucher payment.
    Sec. 112. "Delinquent child", for purposes of the following
statutes, has the meaning set forth in IC 31-37-1 and IC 31-37-2:
      (1) IC 12-13.
      (2) IC 12-14.
      (3) IC 12-15.
      (4) IC 12-19.
    Sec. 113. "Department", for purposes of IC 12-13-14, has the
meaning set forth in IC 12-13-14-1.
    Sec. 114. (a) "Dependent child", for purposes of the statutes
listed in subsection (b), means a needy individual who satisfies
either of the following conditions:
      (1) The individual is less than sixteen (16) years of age.
      (2) The individual is less than eighteen (18) years of age and
      the county office that has jurisdiction of the individual finds
      all of the following:
          (A) The individual regularly attends school.
          (B) The individual has been deprived of parental support
          or care because of a parent's:
            (i) death;
            (ii) continued absence from the home; or
            (iii) physical or mental incapacity.
          (C) The individual's parent or other relative who is legally
          responsible for the child's support is not able to provide
          adequately for the individual without public assistance.
          (D) The individual is living in the home of at least one (1)
          of the following relatives:
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           (i) The individual's parent.
           (ii) The individual's sibling.
           (iii) The individual's grandparent.
           (iv) The individual's stepparent.
           (v) The individual's stepbrother or stepsister.
           (vi) The individual's aunt or uncle.
   (b) This section applies to the following statutes:
     (1) IC 12-13.
     (2) IC 12-14.
     (3) IC 12-15.
     (4) IC 12-19.
   Sec. 115. "Designated beneficiary", for purposes of IC 12-11-14,
has the meaning set forth in IC 12-11-14-5.
   Sec. 116. (a) Except as provided in subsection (b), "designee"
means an office director, division director, or other employee of the
office of the secretary with expertise or knowledge concerning the
area for which the individual is being designated.
   (b) The definition set forth in subsection (a) does not apply to
the following:
     (1) Designations for purposes of administrative proceedings
     under IC 4-21.5.
     (2) IC 12-11-1.1-10.
     (3) IC 12-15-11-2.5.
     (4) IC 12-15-13-3.5.
     (5) IC 12-15-13-4.
     (6) Designations of superintendents under IC 12-21-2-3 or
     IC 12-24-2-2.
     (7) IC 12-30-2-15.
   Sec. 117. (a) "Destitute child", for purposes of the statutes listed
in subsection (b), 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
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     not require the individual to be made a public ward.
   (b) This section applies to the following statutes:
     (1) IC 12-13.
     (2) IC 12-14.
     (3) IC 12-15.
     (4) IC 12-19.
   Sec. 118. (a) Except as provided in subsection (b),
"developmental disability" means a severe, chronic disability of an
individual that meets all of the following conditions:
     (1) Is attributable to:
         (A) intellectual disability, cerebral palsy, epilepsy, or
         autism; or
         (B) any other condition (other than a sole diagnosis of
         mental illness) found to be closely related to intellectual
         disability, because this condition results in similar
         impairment of general intellectual functioning or adaptive
         behavior or requires treatment or services similar to those
         required for a person with an intellectual disability.
     (2) Is manifested before the individual is twenty-two (22)
     years of age.
     (3) Is likely to continue indefinitely.
     (4) Results in substantial functional limitations in at least
     three (3) of the following areas of major life activities:
         (A) Self-care.
         (B) Understanding and use of language.
         (C) Learning.
         (D) Mobility.
         (E) Self-direction.
         (F) Capacity for independent living.
         (G) Economic self-sufficiency.
   (b) The definition in subsection (a) does not apply and may not
affect services provided to an individual receiving:
     (1) home and community based Medicaid waiver; or
     (2) ICF/IID;
services through the division on June 30, 2011.
   Sec. 119. "Direct support professional", for purposes of
IC 12-11-16, has the meaning set forth in IC 12-11-16-1.
   Sec. 120. "Director" refers to the following:
     (1) With respect to a particular division, the director of the
     division.
     (2) With respect to a particular state institution, the director
     who has administrative control of and responsibility for the
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      state institution.
      (3) For purposes of IC 12-10-15, the term refers to the
      director of the bureau of better aging.
      (4) For purposes of IC 12-25, the term refers to the director
      of the division of mental health and addiction.
      (5) For purposes of IC 12-26, the term:
          (A) refers to the director who has administrative control of
          and responsibility for the appropriate state institution; and
          (B) includes the director's designee.
      (6) If subdivisions (1) through (5) do not apply, the term
      refers to the director of any of the divisions.
    Sec. 121. "Discharge", for purposes of IC 12-26, means the final
and complete release of an individual with a mental illness from the
care, treatment, training, or detention at a facility to which the
individual was committed or entered voluntarily for mental illness.
    Sec. 122. "Dispense", for purposes of IC 12-23-18-8, has the
meaning set forth in IC 12-23-18-8(a).
    Sec. 123. "Distressed township", for purposes of IC 12-20-25,
has the meaning set forth in IC 12-20-25-4.
    Sec. 127. (a) "Division", except as provided in subsections (b),
(c), and (d), refers to any of the following:
      (1) The division of disability, aging, and rehabilitative services
      established by IC 12-9-1-1.
      (2) The division of family resources established by
      IC 12-13-1-1.
      (3) The division of mental health and addiction established by
      IC 12-21-1-1.
    (b) The term refers to the following:
      (1) For purposes of the following statutes, the division of
      disability, aging, and rehabilitative services established by
      IC 12-9-1-1:
          (A) IC 12-9.
          (B) IC 12-10.
          (C) IC 12-11.
          (D) IC 12-12.
          (E) IC 12-12.7.
          (F) IC 12-28-5.
      (2) For purposes of the following statutes, the division of
      family resources established by IC 12-13-1-1:
          (A) IC 12-8-12.
          (B) IC 12-13.
          (C) IC 12-14.
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         (D) IC 12-15.
         (E) IC 12-16.
         (F) IC 12-17.
         (G) IC 12-17.2.
         (H) IC 12-18.
         (I) IC 12-19.
         (J) IC 12-20.
     (3) For purposes of the following statutes, the division of
     mental health and addiction established by IC 12-21-1-1:
         (A) IC 12-21.
         (B) IC 12-22.
         (C) IC 12-23.
         (D) IC 12-25.
   (c) With respect to a particular state institution, the term refers
to the division whose director has administrative control of and
responsibility for the state institution.
   (d) For purposes of IC 12-24, IC 12-26, and IC 12-27, the term
refers to the division whose director has administrative control of
and responsibility for the appropriate state institution.
   Sec. 125. "Domestic violence", for purposes of IC 12-18-8, has
the meaning set forth in IC 34-6-2.1-50.
   Sec. 126. "Doula" means an individual who is trained and
certified by a nationally recognized institution in providing
emotional and physical support, but not medical or midwife care,
to pregnant women before, during, and after childbirth.
   Sec. 127. "Drug", for purposes of IC 12-23, means a drug or a
controlled substance (as defined in IC 35-48-1.1).
   Sec. 128. "Drug abuse", for purposes of IC 12-23, means:
     (1) psychological or physical dependence on the effect of drugs
     or harmful substances; or
     (2) abuse of the use of drugs or harmful substances;
that is harmful to the individual or society.
   Sec. 129. "Drug abuser", for purposes of IC 12-23, means an
individual who:
     (1) has developed a psychological or physical dependence on
     the effects of drugs or harmful substances; or
     (2) abuses the use of drugs or harmful substances;
so that the individual or society is harmed.
   Sec. 130. "Drug-disease contraindication", for purposes of
IC 12-15-35, has the meaning set forth in IC 12-15-35-6.
   Sec. 131. "Drug-drug interaction", for purposes of IC 12-15-35,
has the meaning set forth in IC 12-15-35-7.
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   Sec. 132. "Drug utilization review" or "DUR", for purposes of
IC 12-15-35, has the meaning set forth in IC 12-15-35-8.
   Sec. 133. "Early intervention services", for purposes of
IC 12-12.7-2, has the meaning set forth in IC 12-12.7-2-3.
   Sec. 134. "EBT card", for purposes of IC 12-13-14-15, has the
meaning set forth in IC 12-13-14-15(a).
   Sec. 135. "EBT program", for purposes of IC 12-13-14, has the
meaning set forth in IC 12-13-14-1.
   Sec. 136. (a) "Eligible individual", for purposes of:
      (1) IC 12-10-10, has the meaning set forth in IC 12-10-10-4;
      and
      (2) IC 12-11-14, has the meaning set forth in IC 12-11-14-6.
   (b) "Eligible individual" has the meaning set forth in
IC 12-14-18-1.5 for purposes of the following:
      (1) IC 12-10-6.
      (2) IC 12-14-2.
      (3) IC 12-14-18.
      (4) IC 12-14-19.
      (5) IC 12-15-2.
      (6) IC 12-15-3.
      (7) IC 12-16-3.5.
      (8) IC 12-20-5.5.
   Sec. 137. (a) "Emergency", for purposes of IC 12-20, means an
unpredictable circumstance or a series of unpredictable
circumstances that:
      (1) place the health or safety of a household or a member of a
      household in jeopardy; and
      (2) cannot be remedied in a timely manner by means other
      than township assistance.
   (b) "Emergency", for purposes of IC 12-17.6, has the meaning
set forth in IC 12-17.6-1-2.6.
   Sec. 138. "Emergency medical condition", for purposes of
IC 12-15-12, has the meaning set forth in IC 12-15-12-0.3.
   Sec. 138.7. "Emergency medical responder", for purposes of
IC 12-10-21, has the meaning set forth in IC 12-10-21-1.
   Sec. 139. "Emergency medical services", for purposes of
IC 12-15-5-18.5, has the meaning set forth in IC 16-18-2-110.
   Sec. 140. "Emergency services", for purposes of IC 12-15-12,
has the meaning set forth in IC 12-15-12-0.5.
   Sec. 141. (a) "Employed", "employee", "employment", or
"employs", for purposes of IC 12-17.2-3.5, has the meaning set
forth in IC 12-17.2-3.5-1.3.
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   (b) "Employee", for purposes of IC 12-23-23, has the meaning
set forth in IC 12-23-23-1.
   Sec. 142. "Endangered adult", for purposes of IC 12-8-1.5-18
and IC 12-10-3, has the meaning set forth in IC 12-10-3-2.
   Sec. 143. "Endangered adult medical alert" means an alert
indicating that law enforcement officials are searching for a
missing endangered adult.
   Sec. 144. "Enforcement action", for purposes of IC 12-17.2,
refers to the following:
      (1) Revocation or decertification of eligibility for a voucher
      payment under IC 12-17.2-3.5.
      (2) Denial, suspension, or revocation of a:
         (A) license under IC 12-17.2-4 or IC 12-17.2-5; or
         (B) registration under IC 12-17.2-6.
   Sec. 145. "Essential person", for purposes of IC 12-14, has the
meaning set forth in IC 12-14-2-0.5.
   Sec. 146. "Estate", for purposes of IC 12-15-9, has the meaning
set forth in IC 12-15-9-0.5.
   Sec. 146.5. "Ethical standards", for purposes of IC 12-23-25, has
the meaning set forth in IC 12-23-25-1.
   Sec. 147. "Executive authority", for purposes of IC 12-28-3, has
the meaning set forth in IC 12-28-3-3.
   Sec. 148. (a) "Expenses and obligations", for purposes of the
statutes listed in subsection (b), refer to expenses, obligations,
assistance, and claims:
      (1) of a county office;
      (2) incurred in the administration of the welfare services of
      the county;
      (3) incurred as provided by law; and
      (4) for:
         (A) assistance for aged persons in need;
         (B) assistance to dependent children; and
         (C) other assistance or services that a county office is
         authorized by law to allow.
   (b) This section applies to the following statutes:
      (1) IC 12-13.
      (2) IC 12-14.
      (3) IC 12-15.
      (4) IC 12-19.
   Sec. 149. "Facility" means the following:
      (1) For purposes of IC 12-17-12, the meaning set forth in
      IC 12-17-12-3.
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     (2) For purposes of IC 12-17-13, the meaning set forth in
     IC 12-17-13-2.
     (3) For purposes of IC 12-26, a hospital, a health and hospital
     corporation established under IC 16-22-8, a psychiatric
     hospital, a community mental health center, another
     institution, a program, a managed care provider, or a child
     caring institution:
        (A) where an individual with a mental illness can receive
        rehabilitative treatment, or habilitation and care, in the
        least restrictive environment suitable for the necessary
        care, treatment, and protection of the individual and
        others; and
        (B) that has adequate space and treatment staff
        appropriate to the needs of the individual as determined by
        the superintendent of the facility.
     The term includes all services, programs, and centers of the
     facility, wherever located.
     (4) For purposes of IC 12-15-32, the meaning set forth in
     IC 12-15-32-1.
   Sec. 150. "Family or household member", for purposes of
IC 12-18-8, has the meaning set forth in IC 12-18-8-3.
   Sec. 151. "Federal act", for purposes of IC 12-12-8, has the
meaning set forth in IC 12-12-8-3.2.
   Sec. 152. "Federal department", for purposes of IC 12-26-9, has
the meaning set forth in IC 12-26-9-1.
   Sec. 153. "Federal facility", for purposes of IC 12-26-9, has the
meaning set forth in IC 12-26-9-2.
   Sec. 154. "Federal income poverty level", for purposes of
IC 12-15-2, has the meaning set forth in IC 12-15-2-1.
   Sec. 155. "Federal public benefit", for purposes of IC 12-32-1,
has the meaning set forth in IC 12-32-1-2.
   Sec. 156. "Financial institution", for purposes of IC 12-13-14,
has the meaning set forth in IC 12-13-14-1.
   Sec. 157. "Fiscal body", for purposes of IC 12-20, has the
meaning set forth in IC 36-1-2-6.
   Sec. 158. "Flight" or "fled", for purposes of IC 12-28-3, has the
meaning set forth in IC 12-28-3-1.
   Sec. 159. "Food retailer", for purposes of IC 12-13-14, has the
meaning set forth in IC 12-13-14-1(f).
   Sec. 160. "Forcible felony", for purposes of IC 12-23, has the
meaning set forth in IC 35-31.5-2-138.
   Sec. 161. (a) "Foster care", for purposes of the statutes listed in
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subsection (b), means living in a place licensed under IC 31-27.
    (b) This section applies to the following statutes:
      (1) IC 12-13.
      (2) IC 12-14.
      (3) IC 12-15.
      (4) IC 12-19.
    Sec. 162. "Functional eligibility assessment", for purposes of
IC 12-10-11.5-4.5, has the meaning set forth in
IC 12-10-11.5-4.5(a).
    Sec. 163. "Functional eligibility determination", for purposes of
IC 12-10-11.5-4.5, has the meaning set forth in
IC 12-10-11.5-4.5(b).
    Sec. 164. "Fund" means the following:
      (1) For purposes of IC 12-12-1-9, the fund described in
      IC 12-12-1-9.
      (2) For purposes of IC 12-15-20, the meaning set forth in
      IC 12-15-20-1.
      (3) For purposes of IC 12-17-12, the meaning set forth in
      IC 12-17-12-4.
      (4) For purposes of IC 12-17.2-7.2, the meaning set forth in
      IC 12-17.2-7.2-4.7.
      (5) For purposes of IC 12-17.6, the meaning set forth in
      IC 12-17.6-1-3.
      (6) For purposes of IC 12-21-9, the meaning set forth in
      IC 12-21-9-1.
      (7) For purposes of IC 12-23-2, the meaning set forth in
      IC 12-23-2-1.
      (8) For purposes of IC 12-23-18, the meaning set forth in
      IC 12-23-18-4.
      (9) For purposes of IC 12-24-6, the meaning set forth in
      IC 12-24-6-1.
      (10) For purposes of IC 12-24-14, the meaning set forth in
      IC 12-24-14-1.
      (11) For purposes of IC 12-30-7, the meaning set forth in
      IC 12-30-7-3.
    Sec. 165. "Gatekeeper", for purposes of IC 12-24, IC 12-25, and
IC 12-26, means an entity identified in IC 12-24-12-10 that is
actively involved in the evaluation and planning of and treatment
for a committed individual beginning after the commitment
through the planning of the individual's transition back into the
community, including case management services for the individual
in the community.
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    Sec. 166. "Governmental entity", for purposes of IC 12-10-3,
has the meaning set forth in IC 12-10-3-3.
    Sec. 167. "Governor", for purposes of IC 12-28-3, has the
meaning set forth in IC 12-28-3-3.
    Sec. 168. "Grantee agency", for purposes of IC 12-8-10, has the
meaning set forth in IC 12-8-10-2.
    Sec. 169. (a) "Grant-in-aid", for purposes of the statutes listed
in subsection (b), means any money paid by the federal government
to the state or any money paid by the state to a county for the
purpose of defraying any of the expenses, claims, allowances,
assistance, or obligations authorized by this title.
    (b) This section applies to the following statutes:
      (1) IC 12-13.
      (2) IC 12-14.
      (3) IC 12-15.
      (4) IC 12-19.
    Sec. 170. "Gravely disabled", for purposes of IC 12-26, means
a condition in which an individual, as a result of mental illness, is
in danger of coming to harm because the individual:
      (1) is unable to provide for that individual's food, clothing,
      shelter, or other essential human needs;
      (2) has a substantial impairment or an obvious deterioration
      of that individual's judgment, reasoning, or behavior that
      results in the individual's inability to function independently;
      or
      (3) lacks a fixed, regular, and adequate shelter, resulting in
      the individual remaining outdoors in places not designed for
      or ordinarily used for sleeping during weather conditions that
      are likely to result in death or serious physical injury, if:
          (A) the individual has refused transportation to a shelter
          or mental health service provider; and
          (B) a shelter or mental health service provider was
          reasonably offered and available.
    Sec. 171. "Group", for purposes of IC 12-8-10, has the meaning
set forth in IC 12-8-10-3.
    Sec. 172. "Group size", for purposes of IC 12-17.2-3.5, means
the number of children who routinely work, learn, eat, sleep, and
play together inside and outside a facility where a provider
operates a child care program.
    Sec. 173. "Guidelines", for purposes of IC 12-23-23, has the
meaning set forth in IC 12-23-23-2.
    Sec. 174. "Harmful substance", for purposes of IC 12-23, means
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any substance used by an individual to produce the effect of a
controlled substance, although the substance is not classified as a
controlled substance under IC 35-48.
   Sec. 175. "Health facility", for purposes of IC 12-10-5.5, has the
meaning set forth in IC 12-10-5.5-2.
   Sec. 176. "Health maintenance organization", for purposes of
IC 12-15-39.6, has the meaning set forth in IC 27-13-1-19.
   Sec. 177. "Health related services":
     (1) for purposes of IC 12-10-15, has the meaning set forth in
     IC 12-10-15-2; and
     (2) for purposes of IC 12-10-17.1, has the meaning set forth in
     IC 12-10-17.1-5.
   Sec. 178. "Holocaust victim's settlement payment" has the
meaning set forth in IC 12-14-18-1.7 for purposes of the following:
     (1) IC 12-10-6.
     (2) IC 12-14-2.
     (3) IC 12-14-18.
     (4) IC 12-14-19.
     (5) IC 12-15-2.
     (6) IC 12-15-3.
     (7) IC 12-16-3.5.
     (8) IC 12-20-5.5.
   Sec. 179. "Home and community based services waiver", for
purposes of IC 12-8-1.6, has the meaning set forth in IC 12-8-1.6-2.
   Sec. 180. "Home health agency", for purposes of IC 12-15-34,
has the meaning set forth in IC 12-15-34-1.
   Sec. 181. "Home health services", for purposes of IC 12-15-34,
has the meaning set forth in IC 12-15-34-2.
   Sec. 182. "Hospice", for purposes of IC 12-15-40, has the
meaning set forth in IC 12-15-40-2.
   Sec. 183. "Hospice program", for purposes of IC 12-15-40, has
the meaning set forth in IC 12-15-40-3.
   Sec. 184. "Hospice program patient", for purposes of
IC 12-15-40, has the meaning set forth in IC 12-15-40-4.
   Sec. 185. "Hospice services", for purposes of IC 12-15-5 and
IC 12-15-40, has the meaning set forth in IC 12-15-40-5.
   Sec. 186. "Hospital" means the following:
     (1) For purposes of IC 12-15-11.5, the meaning set forth in
     IC 12-15-11.5-1.
     (2) For purposes of IC 12-15-18, the meaning set forth in
     IC 12-15-18-2.
     (3) For purposes of IC 12-16, except IC 12-16-1, the term
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      refers to a hospital licensed under IC 16-21.
    Sec. 187. "Household", for purposes of IC 12-20, means any of
the following:
      (1) An individual living alone.
      (2) A family related by blood.
      (3) A group of individuals living together at one (1) residence
      as a domestic unit with mutual economic dependency.
    Sec. 188. "Housing with services establishment", for purposes
of IC 12-10-5.5, IC 12-10-11.5, and IC 12-10-15, has the meaning
set forth in IC 12-10-15-3.
    Sec. 189. (a) "Immediate family", for purposes of the statutes
listed in subsection (b), means the following:
      (1) If a Medicaid applicant is married, the applicant's spouse
      and dependent children less than twenty-one (21) years of age.
      (2) If a Medicaid applicant is not married, the following:
          (A) If the applicant is divorced, the parent having custody.
          (B) If the applicant is less than twenty-one (21) years of
          age:
            (i) the parent having custody; and
            (ii) the dependent children less than twenty-one (21)
            years of age of the parent or parents.
          (C) If clauses (A) and (B) do not apply, the applicant's
          parents.
    (b) This section applies to the following statutes:
      (1) IC 12-14-1 through IC 12-14-8.
      (2) IC 12-15, except IC 12-15-32, IC 12-15-33, and
      IC 12-15-34.
    Sec. 190. "Incapacitated", for purposes of IC 12-23, means
having been judged incapacitated under IC 29-3 by a court.
    Sec. 191. "Incapacitated by alcohol", for purposes of IC 12-23,
means that an individual, as the result of the use of alcohol, has the
individual's judgment impaired and is incapable of realizing and
making a rational decision with respect to the individual's need for
treatment.
    Sec. 192. "Incapacitated individual", for purposes of IC 12-10-7,
has the meaning set forth in IC 12-10-7-1.
    Sec. 193. "Indebtedness", for purposes of IC 12-20-25, has the
meaning set forth in IC 12-20-25-5.
    Sec. 194. "Indigent adult", for purposes of IC 12-10-7, has the
meaning set forth in IC 12-10-7-2.
    Sec. 195. (a) "Individual in need of self-directed in-home care",
for purposes of IC 12-8-1.7, has the meaning set forth in
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IC 12-8-1.7-2.
    (b) "Individual in need of self-directed in-home care", for
purposes of IC 12-10-17.1, has the meaning set forth in
IC 12-10-17.1-6.
    Sec. 196. (a) "Individual with a disability", for purposes of
IC 12-12-8, has the meaning set forth in IC 12-12-8-3.4.
    (b) "Individual with a disability", for purposes of IC 12-10-10,
has the meaning set forth in IC 12-10-10-3.
    Sec. 197. "Individual with a mental illness", for purposes of
IC 12-21-2 and IC 12-24-17, means an individual who:
      (1) has a psychiatric disorder that substantially impairs the
      individual's mental health; and
      (2) requires care, treatment, training, or detention:
          (A) because of the psychiatric disorder; or
          (B) for the welfare of the individual or others of the
          community in which the individual resides.
    Sec. 198. "Individual with a significant disability", for purposes
of IC 12-12-8, has the meaning set forth in IC 12-12-8-3.6.
    Sec. 199. "Infants and toddlers with disabilities", for purposes
of IC 12-12.7-2, has the meaning set forth in IC 12-12.7-2-4.
    Sec. 200. "Institution", for purposes of IC 12-10-11.5, has the
meaning set forth in IC 12-10-11.5-1.
    Sec. 201. "Institutional provider", for purposes of
IC 12-15-13-4, has the meaning set forth in IC 12-15-13-4(a).
    Sec. 202. (a) "Insurer", for purposes of the statutes listed in
subsection (b), means an insurance company, a health maintenance
organization (as defined in IC 27-13-1-19), a self-funded employee
benefit plan, a pension fund, a retirement system, or a similar
entity that:
      (1) does business in Indiana; and
      (2) is under an obligation to make payments for medical
      services as a result of injury, illness, or disease suffered by an
      individual.
    (b) This section applies to the following statutes:
      (1) IC 12-14-1 through IC 12-14-8.
      (2) IC 12-15, except IC 12-15-32, IC 12-15-33, and
      IC 12-15-34.
    Sec. 202.5. "Integrated reentry and correctional support" refers
to mental health and substance use services and support, including
certified peer support recovery resources and treatment, provided
to individuals during incarceration and reentry.
    Sec. 203. "Interim period", for purposes of IC 12-20-27, has the
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meaning set forth in IC 12-20-27-1.5.
   Sec. 204. "Intervention", for purposes of IC 12-15-35, has the
meaning set forth in IC 12-15-35-9.
   Sec. 205. "Intoxicated", for purposes of IC 12-23, means the
state of an individual in which the individual's mental or physical
functioning is substantially impaired as a result of the use of
alcohol, drugs, or harmful substances.
   Sec. 206. "Knew" or "know", for purposes of IC 12-15-23,
means that a person, regarding information:
     (1) has actual knowledge of information;
     (2) acts in deliberate ignorance of the truth or falsity of the
     information; or
     (3) acts in reckless disregard of the truth or falsity of the
     information.
   Sec. 207. "Legal assistance developer", for purposes of
IC 12-10-13, has the meaning set forth in IC 12-10-13-3.2.
   Sec. 208. "Legal representative", for purposes of IC 12-10-13,
has the meaning set forth in IC 12-10-13-3.3.
   Sec. 209. "Level of services", for purposes of IC 12-8-1.6, has
the meaning set forth in IC 12-8-1.6-3.
   Sec. 210. "Licensed health professional", for purposes of
IC 12-10-17.1, has the meaning set forth in IC 12-10-17.1-7.
   Sec. 211. "Licensee", for purposes of IC 12-17.2, means a person
who holds a valid license issued under IC 12-17.2.
   Sec. 212. "Life threatening emergency", for purposes of
IC 12-10-3, has the meaning set forth in IC 12-10-3-4.
   Sec. 213. "Local domestic violence fatality review team", for
purposes of IC 12-18-8, has the meaning set forth in IC 12-18-8-5.
   Sec. 214. "Long term care", for purposes of IC 12-15-39.6, has
the meaning set forth in IC 12-15-39.6-1.
   Sec. 215. (a) "Long term care facility", for purposes of
IC 12-15-39.6, has the meaning set forth in IC 12-15-39.6-2.
   (b) "Long term care facility", for purposes of IC 12-10-13, has
the meaning set forth in IC 12-10-13-3.6.
   Sec. 216. "Long term care insurance", for purposes of
IC 12-15-39.6, has the meaning set forth in IC 12-15-39.6-3.
   Sec. 217. "Low income utilization rate", for purposes of
IC 12-15-16-6, has the meaning set forth in IC 12-15-16-6(a).
   Sec. 218. (a) Except as provided in subsection (b), "managed
care organization" means a person that has a comprehensive risk
contract with the office of Medicaid policy and planning under
IC 12-15.
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   (b) "Managed care organization", for purposes of IC 12-15-12.7
and IC 12-15-13-1.8, means a person that contracts with the office
of Medicaid policy and planning to provide services under a risk
based managed care program for the covered population (as
defined in section 101 of this chapter).
   Sec. 219. "Managed care provider", for purposes of IC 12-14-1
through IC 12-14-8 and IC 12-15 (except IC 12-15-21, IC 12-15-33,
and IC 12-15-34), means either of the following:
     (1) A physician licensed under IC 25-22.5 who:
         (A) is primarily engaged in general practice, family
         practice, internal medicine, pediatric medicine, or
         obstetrics and gynecology; and
         (B) has entered into a provider agreement for the provision
         of physician services under IC 12-15-11-4.
     (2) A partnership, corporation, or other entity that:
         (A) employs or contracts with physicians licensed under
         IC 25-22.5 who are primarily engaged in general practice,
         family practice, internal medicine, pediatric medicine, or
         obstetrics and gynecology; and
         (B) has entered into a provider agreement for the provision
         of physician services under IC 12-15-11-4.
   Sec. 220. "Medicaid inpatient utilization rate", for purposes of
IC 12-15-16 and IC 12-15-17-1, has the meaning set forth in
IC 12-15-16-2(a).
   Sec. 221. "Medicaid program" refers to the program established
under IC 12-15.
   Sec. 222. "Medical institution", for purposes of IC 12-15-8.5,
has the meaning set forth in IC 12-15-8.5-1.
   Sec. 223. "Medication assisted treatment" means evidence based
addiction treatment that, to the extent needed by the patient,
includes the following:
     (1) A treatment plan that encompasses comprehensive
     therapy with detoxification, psychosocial support, and
     counseling.
     (2) Access to federal Food and Drug Administration approved
     medications and devices that are used for the prevention of
     relapse and treatment of the following:
         (A) Opioid dependence and with the treatment goal of
         opioid abstinence or the use of the lowest appropriate dose.
         (B) Alcohol dependence.
   Sec. 224. "Member", for purposes of IC 12-8-2.5, has the
meaning set forth in IC 12-8-2.5-2.
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   Sec. 225. "Member of the applicant's household", for purposes
of IC 12-20-6-0.5, has the meaning set forth in IC 12-20-6-0.5.
   Sec. 226. "Mental illness" or "mentally ill" means the following:
     (1) For purposes of IC 12-23-5, IC 12-24, and IC 12-26, a
     psychiatric disorder that:
         (A) substantially disturbs an individual's thinking, feeling,
         or behavior; and
         (B) impairs the individual's ability to function.
     The term includes intellectual disability, alcoholism, and
     addiction to narcotics or dangerous drugs, and, for purposes
     of IC 12-26-5, the term includes temporary impairment as a
     result of alcohol or drug use.
     (2) For purposes of IC 12-28-4 and IC 12-28-5, a psychiatric
     disorder that:
         (A) substantially disturbs an individual's thinking, feeling,
         or behavior; and
         (B) impairs the individual's ability to function.
     The term does not include developmental disability.
   Sec. 227. "Missing endangered adult", for purposes of
IC 12-10-18, means an individual at least eighteen (18) years of age
who is reported missing to a law enforcement agency and is, or is
believed to be:
     (1) a temporary or permanent resident of Indiana;
     (2) at a location that cannot be determined by an individual
     familiar with the missing individual; and
     (3) incapable of returning to the missing individual's
     residence without assistance by reason of:
         (A) mental illness;
         (B) intellectual disability;
         (C) dementia; or
         (D) another physical or mental incapacity of managing or
         directing the management of the individual's property or
         providing or directing the provision of self-care.
   Sec. 228. "Mobile crisis team", for purposes of IC 12-21-8 and
IC 12-29-5, has the meaning set forth in IC 12-21-8-3.
   Sec. 229. "Mobile integrated healthcare", for purposes of
IC 12-29-5, has the meaning set forth in IC 16-31-12-1.
   Sec. 230. "Monitor", for purposes of IC 12-17.2, means
observation to determine the licensee's continuing compliance with
IC 12-17.2.
   Sec. 231. "National criminal history background check", for
purposes of IC 12-17.2, has the meaning set forth in IC 10-13-3-12.
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    Sec. 232. "Nonemergency medical transportation", for purposes
of IC 12-15-30.5, has the meaning set forth in IC 12-15-30.5-3.
    Sec. 233. "Noninstitutional provider", for purposes of
IC 12-15-13-3.5, has the meaning set forth in IC 12-15-13-3.5(a).
    Sec. 234. "Nursing facility" has the meaning set forth in 42
U.S.C. 1396r(a).
    Sec. 235. "Office" means the following:
      (1) Except as provided in subdivisions (2) through (5), the
      office of the secretary established by IC 12-8-1.5-1.
      (2) For purposes of IC 12-10-13, the meaning set forth in
      IC 12-10-13-4.
      (3) For purposes of IC 12-15-13, the meaning set forth in
      IC 12-15-13-0.4.
      (4) For purposes of IC 12-17.2-7.2, the meaning set forth in
      IC 12-17.2-7.2-3.
      (5) For purposes of IC 12-17.6, the meaning set forth in
      IC 12-17.6-1-4.
    Sec. 235. "Office" means the following:
      (1) Except as provided in subdivisions (2) through (7), the
      office of Medicaid policy and planning established by
      IC 12-8-6.5-1.
      (2) For purposes of IC 12-10-13, the meaning set forth in
      IC 12-10-13-4.
      (3) For purposes of IC 12-15-5-14, the meaning set forth in
      IC 12-15-5-14(b).
      (4) For purposes of IC 12-15-5-15, the meaning set forth in
      IC 12-15-5-15(b).
      (5) For purposes of IC 12-15-5-16, the meaning set forth in
      IC 12-15-5-16(b).
      (6) For purposes of IC 12-15-13, the meaning set forth in
      IC 12-15-13-0.4.
      (7) For purposes of IC 12-15-13.5, the meaning set forth in
      IC 12-15-13.5-1.
      (8) For purposes of IC 12-17.6, the meaning set forth in
      IC 12-17.6-1-4.
    Sec. 236. "Office of the secretary" refers to the office of the
secretary of family and social services established by IC 12-8-1.5-1,
its offices, or divisions.
    Sec. 237. (a) "Ombudsman", for purposes of IC 12-10-13, has
the meaning set forth in IC 12-10-13-4.5.
    (b) "Ombudsman", for purposes of IC 12-11-13, has the
meaning set forth in IC 12-11-13-2.
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   Sec. 238. "Operator", for purposes of IC 12-10-15, has the
meaning set forth in IC 12-10-15-4.
   Sec. 239. "Opioid treatment program" means a program
through which opioid agonist medication is dispensed to an
individual in the treatment of opiate addiction and for which
certification is required under 42 CFR Part 8.
   Sec. 240. "Out-of-school-time program", for purposes of
IC 12-17.2, means child care provided to a child who is at least five
(5) years of age but less than fifteen (15) years of age:
     (1) before school is in session or after the school day;
     (2) during the summer; or
     (3) any other time when school is not in session.
   Sec. 241. "Overutilization or underutilization", for purposes of
IC 12-15-35, has the meaning set forth in IC 12-15-35-10.
   Sec. 241.5. "Owner", for purposes of IC 12-23-25, has the
meaning set forth in IC 12-23-25-2.
   Sec. 242. "Paths to QUALITY program", for purposes of
IC 12-17.2-2-14.2, refers to the program established by
IC 12-17.2-2-14.2(b).
   Sec. 243. "Patient" means the following:
     (1) For purposes of IC 12-24-1-4, an individual who is
     admitted to a state institution for observation, diagnosis, or
     treatment.
     (2) For purposes of IC 12-24-7, the meaning set forth in
     IC 12-24-7-1.
     (3) For purposes of IC 12-24-6, IC 12-24-13, IC 12-24-14, and
     IC 12-24-15, an individual with a mental illness, an individual
     who appears to have a mental illness, or an individual with an
     intellectual disability who is:
         (A) in or under the supervision and control of a state
         institution; or
         (B) because of mental illness, under the supervision and
         control of a circuit, superior, or juvenile court.
     (4) For purposes of IC 12-24-17, the meaning set forth in
     IC 12-24-17-2.
     (5) For purposes of IC 12-27, an individual receiving mental
     health services or developmental training. The term includes
     a client of a service provider.
   Sec. 244. "Patient Protection and Affordable Care Act" refers
to the federal Patient Protection and Affordable Care Act (P.L.
111-148), as amended by the federal Health Care and Education
Reconciliation Act of 2010 (P.L. 111-152), as amended from time
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to time, and regulations or guidance issued under those acts.
   Sec. 245. "Peer", for purposes of IC 12-21-8, has the meaning
set forth in IC 12-21-8-5.
   Sec. 246. (a) "Person", except as provided in subsections (b)
through (d), means an association, a corporation, a limited liability
company, a governmental entity, an individual, or a partnership.
   (b) "Person", for purposes of IC 12-13-14, has the meaning set
forth in IC 12-13-14-1.
   (c) "Person", for purposes of IC 12-17.2, means an individual
who is at least twenty-one (21) years of age, a corporation, a
partnership, a voluntary association, or other entity.
   (d) "Person", for purposes of IC 12-15-2-20, means an
individual who is:
      (1) at least twenty-one (21) years of age; and
      (2) applying for or receiving Medicaid assistance.
   Sec. 247. "Person with a disability" means, for purposes of the
following statutes, an individual who has a physical or mental
disability and meets the program eligibility requirements of the
division of disability, aging, and rehabilitative services:
      (1) IC 12-8-1.5-10.
      (2) IC 12-12-1.
      (3) IC 12-12-6.
   Sec. 248. "Personal services attendant", for purposes of
IC 12-10-17.1, has the meaning set forth in IC 12-10-17.1-8.
   Sec. 249. "Pharmacist", for purposes of IC 12-15-35, has the
meaning set forth in IC 12-15-35-11.
   Sec. 250. "Physician" means the following:
      (1) For purposes of IC 12-10-17.1 and IC 12-15-35, an
      individual who is licensed to practice medicine in Indiana
      under IC 25-22.5.
      (2) For purposes of IC 12-26, either of the following:
         (A) An individual who holds a license to practice medicine
         under IC 25-22.5.
         (B) A medical officer of the United States government who
         is in Indiana performing the officer's official duties.
   Sec. 251. "Physician services" means the following:
      (1) For purposes of IC 12-15-11, the meaning set forth in
      IC 12-15-11-1.
      (2) For purposes of IC 12-15-12, services provided by an
      individual licensed under IC 25-22.5 while engaged in the
      practice of medicine (as defined in IC 25-22.5-1-1.1(a)).
   Sec. 252. "Plan", for purposes of IC 12-15-44.2 and
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IC 12-15-44.5, has the meaning set forth in IC 12-15-44.5-2.
   Sec. 253. "Planning authority", for purposes of IC 12-28-4, has
the meaning set forth in IC 12-28-4-2.
   Sec. 254. "Point of sale terminal", for purposes of IC 12-13-14,
has the meaning set forth in IC 12-13-14-1.
   Sec. 255. "Political subdivision", for purposes of the following
statutes, has the meaning set forth in IC 36-1-2-13:
     (1) IC 12-8.
     (2) IC 12-13-4.
     (3) IC 12-32-1.
   Sec. 256. "Post-stabilization care services", for purposes of
IC 12-15-12, has the meaning set forth in IC 12-15-12-0.7.
   Sec. 257. "Potential eligible provider or existing eligible
provider", for purposes of IC 12-17.2-7.2, has the meaning set
forth in IC 12-17.2-7.2-5.5.
   Sec. 258. "Preschool", for purposes of IC 12-17.2, means a
program that provides an educational experience through an age
appropriate written curriculum for children at least thirty (30)
months of age who are not eligible to enter kindergarten and that:
     (1) conducts sessions for not more than four (4) hours a day;
     (2) enrolls children for only one (1) session a day;
     (3) does not serve meals on the premises;
     (4) maintains a child to staff ratio of not more than fifteen (15)
     children to one (1) staff member;
     (5) supervises children at all times with a person who is at
     least eighteen (18) years of age; and
     (6) does not operate for more than ten (10) consecutive days.
   Sec. 259. "Preschool child care program", for purposes of
IC 12-17-13, has the meaning set forth in IC 12-17-13-3.
   Sec. 260. "Preventative care services", for purposes of
IC 12-15-44.5, has the meaning set forth in IC 12-15-44.5-2.3.
   Sec. 261. "Primary business", for purposes of IC 12-13-14, has
the meaning set forth in IC 12-13-14-1.
   Sec. 262. "Private psychiatric institution", for purposes of
IC 12-15-18, has the meaning set forth in IC 12-15-18-3.
   Sec. 263. "Program" refers to the following:
     (1) For purposes of IC 12-10-5.7, the meaning set forth in
     IC 12-10-5.7-2.
     (2) For purposes of IC 12-10-7, the adult guardianship
     services program established by IC 12-10-7-5.
     (3) For purposes of IC 12-10-10, the meaning set forth in
     IC 12-10-10-5.
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     (4) For purposes of IC 12-10-21, the meaning set forth in
     IC 12-10-21-3.
     (5) For purposes of IC 12-15-12.7, the meaning set forth in
     IC 12-15-12.7-1.
     (6) For purposes of IC 12-17.2-2-14.2, the meaning set forth in
     IC 12-17.2-2-14.2(a).
     (7) For purposes of IC 12-17.6, the meaning set forth in
     IC 12-17.6-1-5.
   Sec. 263.4. "Program participant", for purposes of IC 12-10-21,
has the meaning set forth in IC 12-10-21-4.
   Sec. 264. "Property", for purposes of IC 12-12-1, has the
meaning set forth in IC 35-31.5-2-253.
   Sec. 265. "Prospective DUR", for purposes of IC 12-15-35, has
the meaning set forth in IC 12-15-35-13.
   Sec. 266. "Protective services", for purposes of IC 12-10-3, has
the meaning set forth in IC 12-10-3-5.
   Sec. 267. "Provider" means the following:
     (1) For purposes of IC 12-10-7, the meaning set forth in
     IC 12-10-7-3.
     (2) For purposes of the following statutes, an individual, a
     partnership, a corporation, or a governmental entity that is
     enrolled in the Medicaid program under rules adopted under
     IC 4-22-2 by the office of Medicaid policy and planning:
         (A) IC 12-14-1 through IC 12-14-8.
         (B) IC 12-15, except IC 12-15-32, IC 12-15-33, and
         IC 12-15-34.
         (C) IC 12-17.6.
     (3) Except as provided in subdivisions (4) and (6), for
     purposes of IC 12-17.2, a person who operates a child care
     center or child care home under IC 12-17.2.
     (4) For purposes of IC 12-17.2-3.5, a person that:
         (A) provides child care; and
         (B) is directly paid for the provision of the child care under
         the federal Child Care and Development Fund voucher
         program administered under 45 CFR 98 and 45 CFR 99.
     The term does not include an individual who provides services
     to a person described in clauses (A) and (B), regardless of
     whether the individual receives compensation.
     (5) For purposes of IC 12-21-1 through IC 12-29-2, an
     organization:
         (A) that:
           (i) provides mental health services, as defined under 42
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            U.S.C. 300x-2(c);
            (ii) provides addiction services; or
            (iii) provides children's mental health services;
          (B) that has entered into a provider agreement with the
          division of mental health and addiction under IC 12-21-2-7
          to provide services in the least restrictive, most
          appropriate setting; and
          (C) that is operated by one (1) of the following:
            (i) A city, town, county, or other political subdivision of
            the state.
            (ii) An agency of the state or of the United States.
            (iii) A political subdivision of another state.
            (iv) A hospital owned or operated by a unit of
            government or a building authority that is organized for
            the purpose of constructing facilities to be leased to units
            of government.
            (v) A corporation incorporated under IC 23-7-1.1 (before
            its repeal August 1, 1991) or IC 23-17.
            (vi) An organization that is exempt from federal income
            taxation under Section 501(c)(3) of the Internal Revenue
            Code.
            (vii) A university or college.
      (6) For purposes of IC 12-17.2-2-10, the following:
          (A) A person described in subdivision (4).
          (B) A child care center licensed under IC 12-17.2-4.
          (C) A child care home licensed under IC 12-17.2-5.
      (7) For purposes of IC 12-11-13, an authorized provider entity
      that delivers services administered by the bureau of
      disabilities services.
    Sec. 268. "Psilocybin", for purposes of IC 12-21-9, has the
meaning set forth in IC 12-21-9-2.
    Sec. 269. "Psychiatric disorder", for purposes of section 226(2)
of this chapter, means a mental disorder or disease. The term does
not include the following:
      (1) An intellectual disability.
      (2) A developmental disability.
      (3) Alcoholism.
      (4) Addiction to narcotic or dangerous drugs.
    Sec. 270. "Psychiatric hospital", for purposes of section 149 of
this chapter, means any of the following:
      (1) A state institution.
      (2) A general hospital:
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         (A) licensed by the Indiana department of health; and
         (B) that maintains and operates facilities for the
         observation, care, treatment, and detention of individuals
         who have a mental illness.
     (3) A private psychiatric hospital licensed by the division of
     mental health and addiction.
   Sec. 271. (a) "Public welfare", for purposes of the statutes listed
in subsection (b), means any form of public welfare or Social
Security provided for in the statutes listed in subsection (b). The
term does not include direct township assistance as administered
by township trustees under IC 12-20.
   (b) This section applies to the following statutes:
     (1) IC 12-13.
     (2) IC 12-14.
     (3) IC 12-15.
     (4) IC 12-19.
   Sec. 272. "Qualified ABLE program", for purposes of
IC 12-11-14, has the meaning set forth in IC 12-11-14-7.
   Sec. 273. "Qualified disability expense", for purposes of
IC 12-11-14, has the meaning set forth in IC 12-11-14-8.
   Sec. 274. "Qualified entity", for purposes of IC 12-15-2.3, has
the meaning set forth in IC 12-15-2.3-2.
   Sec. 275. "Qualified long term care policy", for purposes of
IC 12-15-39.6, has the meaning set forth in IC 12-15-39.6-5.
   Sec. 276. "Qualified Medicare beneficiary", for purposes of
IC 12-15-2-26, has the meaning set forth in IC 12-15-2-26(b).
   Sec. 277. "Qualified provider" means the following:
     (1) For purposes of IC 12-15-1-16:
         (A) a school based nurse; or
         (B) another provider who:
           (i) is licensed and in good standing with the Indiana
           professional licensing agency; and
           (ii) is employed by or contracts with a school corporation
           that participates in Medicaid.
     (2) For purposes of IC 12-15-4, a provider who:
         (A) is enrolled in the Indiana Medicaid program; and
         (B) maintains a valid agreement, as prescribed by the
         office, to make determinations concerning presumptive
         eligibility.
   Sec. 278. "Qualifying individual", for purposes of IC 12-15-2-26,
has the meaning set forth in IC 12-15-2-26(c).
   Sec. 279. "Reason to believe", for purposes of IC 12-10-3, has
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the meaning set forth in IC 12-10-3-6.
    Sec. 280. "Reasonable means of communication", for purposes
of IC 12-27-3, has the meaning set forth in IC 12-27-3-1.
    Sec. 281. "Recipient" means the following:
      (1) For purposes of the following statutes, a person who has
      received or is receiving assistance for the person or another
      person under any of the following statutes:
         (A) IC 12-10-6.
         (B) IC 12-13.
         (C) IC 12-14.
         (D) IC 12-15.
         (E) IC 12-19.
      (2) For purposes of IC 12-20-10 and IC 12-20-11:
         (A) a single individual receiving township assistance; or
         (B) if township assistance is received by a household with
         at least two (2) individuals, the member of the household
         most suited to perform available work.
    Sec. 282. "Recovery residence" means an abstinence based
living environment for individuals that promotes recovery from:
      (1) alcohol; and
      (2) other drug;
abuse and related issues. An abstinence based living environment,
for purposes of opioid addiction, may include individuals who are
in a treatment that includes medication assisted treatment with a
goal of opioid abstinence or the minimum clinically necessary
medication dose.
    Sec. 158.3. "Recovery residence services", for purposes of
IC 12-23-25, has the meaning set forth in IC 12-23-25-3.
    Sec. 283. "Reentry court program", for purposes of
IC 12-14-29, has the meaning set forth in IC 12-14-29-1.
    Sec. 284. "Region", for purposes of IC 12-10-7, has the meaning
set forth in IC 12-10-7-4.
    Sec. 285. (a) "Rehabilitation", for purposes of the statutes listed
in subsection (b), means a process of providing services to meet the
current and future needs of persons with disabilities so that the
individuals may prepare for and engage in gainful employment to
the extent of their capabilities, as provided in 29 U.S.C. 720.
    (b) This section applies to the following statutes:
      (1) IC 12-8-1.5-10.
      (2) IC 12-12-1.
      (3) IC 12-12-3.
      (4) IC 12-12-6.
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   Sec. 286. "Rehabilitation center", for purposes of IC 12-12-3,
refers to the rehabilitation center established under IC 12-12-3-1.
   Sec. 287. "Rehabilitation technology", for purposes of
IC 12-12-6, has the meaning set forth in IC 12-12-6-1.
   Sec. 288. "Related", for purposes of IC 12-17.2, means any of
the following relationships to an individual who is less than
eighteen (18) years of age by marriage, blood, or adoption:
     (1) Parent.
     (2) Grandparent.
     (3) Brother.
     (4) Sister.
     (5) Stepparent.
     (6) Stepgrandparent.
     (7) Stepbrother.
     (8) Stepsister.
     (9) First cousin.
     (10) Uncle.
     (11) Aunt.
   Sec. 289. "Request for proposals", for purposes of IC 12-8-12,
has the meaning set forth in IC 12-8-12-3.
   Sec. 290. "Research institution", for purposes of IC 12-21-9, has
the meaning set forth in IC 12-21-9-3.
   Sec. 291. "Resident" has the following meaning:
     (1) For purposes of IC 12-10-15, the meaning set forth in
     IC 12-10-15-5.
     (2) For purposes of IC 12-16, except IC 12-16-1, an individual
     who has actually resided in Indiana for at least ninety (90)
     days.
     (3) For purposes of IC 12-20-8, the meaning set forth in
     IC 12-20-8-1.
     (4) For purposes of IC 12-24-5, the meaning set forth in
     IC 12-24-5-1.
   Sec. 292. "Residential facility", for purposes of IC 12-28-4 and
IC 12-28-5, refers to a residential facility for individuals with a
developmental disability.
   Sec. 293. "Residential facility for individuals with a
developmental disability", for purposes of IC 12-28-4 and
IC 12-28-5, means a facility that provides residential services for
individuals with a developmental disability in a program described
in IC 12-11-1.1-1(e)(1) or IC 12-11-1.1-1(e)(2).
   Sec. 294. (a) "Responsible party", for purposes of IC 12-24-6,
IC 12-24-13, IC 12-24-14, and IC 12-24-15, means any of the
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following:
      (1) The patient.
      (2) The parents of the patient if the patient is not more than
      eighteen (18) years of age.
      (3) The spouse of the patient.
      (4) The estate of the patient.
      (5) A legal guardian of the patient in the guardian's
      representative capacity.
      (6) A trustee of the patient if the trust authorizes payment for
      the care, treatment, maintenance, or support of the patient.
    (b) The term does not include the children of the patient.
    Sec. 295. "Retailer", for purposes of IC 12-13-14, has the
meaning set forth in IC 12-13-14-1.
    Sec. 296. "Retrospective DUR", for purposes of IC 12-15-35, has
the meaning set forth in IC 12-15-35-14.
    Sec. 297. "Safe sleeping practices", for purposes of IC 12-17.2,
means standards for infants concerning safe sleeping and sudden
unexpected infant death risk reduction that have been approved by
the division of family resources.
    Sec. 298. "School", for purposes of IC 12-14-2-23, has the
meaning set forth in IC 12-14-2-23(b).
    Sec. 299. "School age child care program", for purposes of
IC 12-17-12, has the meaning set forth in IC 12-17-12-5.
    Sec. 300. "School based nurse", for purposes of section 277 of
this chapter, means a registered nurse or licensed practical nurse
licensed under IC 25-23-1 who is employed by or contracts with a
school corporation that participates in Medicaid to provide school
based Medicaid covered services for a Medicaid recipient.
    Sec. 301. "School corporation", for purposes of IC 12-17-12, has
the meaning set forth in IC 12-17-12-6.
    Sec. 302. "School property", for purposes of IC 12-17.2, means
a building owned or leased by a:
      (1) school corporation;
      (2) public school; or
      (3) private school;
within the school district in which the school is located.
    Sec. 303. (a) Except as provided in subsection (b), "secretary"
refers to the secretary of family and social services appointed
under IC 12-8-1.5-2.
    (b) "Secretary", for purposes of IC 12-13-14, has the meaning
set forth in IC 12-13-14-1.
    Sec. 304. "Self-directed in-home health care", for purposes of
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IC 12-10-17.1, has the meaning set forth in IC 12-10-17.1-9.
   Sec. 305. "Service provider", for purposes of IC 12-27, means
any of the following:
     (1) A state institution.
     (2) A private psychiatric hospital licensed under IC 12-25.
     (3) A community mental health center.
     (4) A community intellectual disability and other
     developmental disabilities center.
     (5) A service provider certified by the division of mental
     health and addiction to provide substance abuse treatment
     programs.
     (6) A service provider or program receiving money from or
     through a division.
     (7) Any other service provider, hospital, clinic, program,
     agency, or private practitioner if the individual receiving
     mental health services or developmental training was
     admitted without the individual's consent.
     (8) A managed care provider (as defined in section 219 of this
     chapter).
   Sec. 306. "Services" means the following:
     (1) For purposes of IC 12-10-1 and IC 12-10-2, those services
     designed to provide assistance to the aged and the aging,
     including the following:
         (A) Nutritional programs.
         (B) Facilities improvement.
         (C) Transportation services.
         (D) Senior volunteer programs.
         (E) Supplementary health services.
         (F) Programs for leisure time activities.
         (G) Housing and employment counseling.
         (H) Informational, referral, and counseling programs to
         aid the aging and aged in availing themselves of existing
         services intended to aid the aged in attaining and
         maintaining self-sufficiency, personal well-being, and
         maximum participation in community life.
         (I) Other services required under regulations established
         under the Older Americans Act (42 U.S.C. 3001 et seq.).
     (2) For purposes of IC 12-28-1, the meaning set forth in
     IC 12-28-1-4.
   Sec. 307. (a) "Shelter", for purposes of IC 12-20, means a house,
a mobile home, an apartment, a group of rooms, or a single room
that is occupied or is intended for occupancy as separate living
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quarters where the occupant or intended occupant:
     (1) does not live and eat with any other individual in the
     building; and
     (2) has direct access to the occupant's living quarters from the
     outside of the building or through a common hall.
   (b) Notwithstanding subsection (a), "shelter", for purposes of
IC 12-20-17-2, has the meaning set forth in IC 12-20-17-2.
   Sec. 308. "Single source drug" means an outpatient drug that is
produced or distributed under an original new drug application
approved by the federal Food and Drug Administration, including
a drug product marketed by any cross-licensed producers or
distributors operating under the new drug application.
   Sec. 309. "SNAP" refers to the federal Supplemental Nutrition
Assistance Program under 7 U.S.C. 2011 et seq.
   Sec. 310. "Social Services Block Grant" refers to the block grant
under 42 U.S.C. 1397 et seq.
   Sec. 310.5. "Soft drink", for purposes of IC 12-14-30-10, has the
meaning set forth in IC 12-14-30-10(b).
   Sec. 311. "Solicitation", for purposes of IC 12-15-25-1, has the
meaning set forth in IC 12-15-25-1.
   Sec. 312. "Special needs", for purposes of IC 12-10, has the
meaning set forth in IC 12-10-22-2.
   Sec. 313. "Special skilled services", for purposes of IC 12-15-36,
has the meaning set forth in IC 12-15-36-3.
   Sec. 314. "Specialist", for purposes of IC 12-10-5.7, has the
meaning set forth in IC 12-10-5.7-3.
   Sec. 315. "Specified low-income Medicare beneficiary", for
purposes of IC 12-15-2-26, has the meaning set forth in
IC 12-15-2-26(d).
   Sec. 316. "Standards", for purposes of IC 12-15-35, has the
meaning set forth in IC 12-15-35-15.
   Sec. 317. "State domestic violence fatality review coordinator",
for purposes of IC 12-18-9, has the meaning set forth in
IC 12-18-9-2.
   Sec. 318. (a) "State institution" means an institution:
     (1) owned or operated by the state;
     (2) for the observation, care, treatment, or detention of an
     individual; and
     (3) under the administrative control of a division.
   (b) The term includes the following:
     (1) Evansville State Hospital.
     (2) Evansville State Psychiatric Treatment Center for
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      Children.
      (3) Logansport State Hospital.
      (4) Madison State Hospital.
      (5) Richmond State Hospital.
      (6) The Neurodiagnostic Institute and Advanced Treatment
      Center.
   Sec. 319. "State of Indiana general educational development
(GED) diploma", for purposes of IC 12-14-5, has the meaning set
forth in IC 12-14-5-2.
   Sec. 320. "State ombudsman", for purposes of IC 12-10-13, has
the meaning set forth in IC 12-10-13-6.
   Sec. 321. "State or local public benefit", for purposes of
IC 12-32-1, has the meaning set forth in IC 12-32-1-3.
   Sec. 322. "State plan", for purposes of:
      (1) IC 12-8-6.5, refers to the state Medicaid plan for the
      Medicaid program; and
      (2) IC 12-12-8, has the meaning set forth in IC 12-12-8-3.8.
   Sec. 323. "Superintendent" has the following meaning:
      (1) For purposes of IC 12-24, the term refers to the
      administrative head of a state institution appointed under
      IC 12-24-2-2.
      (2) For purposes of IC 12-24-6, IC 12-24-15, and IC 12-24-17,
      the term includes:
         (A) an employee; or
         (B) an individual who holds a license to practice medicine
         under IC 25-22.5;
      designated as a deputy or an agent of the individual described
      in subdivision (1).
      (3) For purposes of IC 12-26, the term means the chief
      administrative officer of a facility and includes the chief
      administrative officer's designee.
   Sec. 324. "Supervised group living facility", for purposes of
IC 12-28-4 and IC 12-28-5, refers to a supervised group living
facility for individuals with a developmental disability.
   Sec. 325. "Supervised group living facility for individuals with
a developmental disability", for purposes of IC 12-28-4 and
IC 12-28-5, refers to a supervised group living facility for
individuals with a developmental disability in a program described
in IC 12-11-1.1-1(e)(1).
   Sec. 326. "Support", for purposes of IC 12-20-25-41, has the
meaning set forth in IC 12-20-25-41.
   Sec. 327. "Supportive services", for purposes of IC 12-10-15,
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has the meaning set forth in IC 12-10-15-6.
   Sec. 328. "SURS", for purposes of IC 12-15-35, has the meaning
set forth in IC 12-15-35-16.
   Sec. 329. "TANF", for purposes of IC 12-20, refers to the
federal Temporary Assistance for Needy Families program under
42 U.S.C. 601 et seq.
   Sec. 330. "TANF program" refers to the federal Temporary
Assistance for Needy Families program under 42 U.S.C. 601 et seq.
   Sec. 331. "Telehealth services", for purposes of IC 12-15-5-11,
has the meaning set forth in IC 12-15-5-11(a).
   Sec. 332. "Therapeutic appropriateness", for purposes of
IC 12-15-35, has the meaning set forth in IC 12-15-35-17.
   Sec. 333. "Therapeutic classification" or "therapeutic
category", for purposes of IC 12-15-35, has the meaning set forth
in IC 12-15-35-17.5.
   Sec. 334. "Therapeutic duplication", for purposes of
IC 12-15-35, has the meaning set forth in IC 12-15-35-18.
   Sec. 335. "Title IV-A" refers to Title IV-A of the federal Social
Security Act.
   Sec. 336. "Title IV-A Agency", for purposes of IC 12-17, refers
to the division of family resources.
   Sec. 337. "Total number of households containing township
assistance recipients", for purposes of IC 12-20-28-3, has the
meaning set forth in IC 12-20-28-3(c).
   Sec. 338. "Total number of recipients", for purposes of
IC 12-20-28-3, has the meaning set forth in the following:
      (1) IC 12-20-28-3(d). This subdivision expires January 1, 2023.
      (2) IC 12-20-28-3(e). This subdivision applies after December
      31, 2022.
   Sec. 339. "Total number of requests for assistance", for
purposes of IC 12-20-28-3, has the meaning set forth in
IC 12-20-28-3(f).
   Sec. 340. "Treatment by the department", for purposes of
IC 12-23, means treatment in a treatment program within Indiana
that is certified under IC 12-23-1-6.
   Sec. 341. "Treatment team", for purposes of IC 12-24-7, has the
meaning set forth in IC 12-24-7-2.
   Sec. 342. "Trustees", for purposes of IC 12-15-18, has the
meaning set forth in IC 12-15-18-3.5.
   Sec. 343. "Tuberculosis", for purposes of IC 12-30-7-27, has the
meaning set forth in IC 12-30-7-27.
   Sec. 344. "Unit", for purposes of IC 12-12-7, has the meaning set
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forth in IC 12-12-7-1.
    Sec. 345. "Vending facilities", for purposes of IC 12-12-5, means
automatic vending machines and snack bars and the auxiliary
equipment necessary for the sale of newspapers, periodicals,
confections, tobacco products, foods, beverages, and other articles
or services dispensed automatically or manually and prepared on
or off the premises in accordance with all applicable health laws.
    Sec. 346. "Veteran at risk" means a veteran or active duty
member of the armed forces of the United States, the national
guard, or a reserve component of the armed forces of the United
States who is known, based on information provided by a person
making a report under IC 12-10-18-1, to have a physical or mental
health condition that is related to the veteran's military service.
    Sec. 347. "Veteran at risk alert" means an alert indicating that
law enforcement officials are searching for a missing veteran at
risk.
    Sec. 348. "Veteran crisis line", for purposes of IC 12-21-8, has
the meaning set forth in IC 12-21-8-5.5.
    Sec. 349. (a) "Visually impaired", for purposes of the statutes
listed in subsection (b), refers to an individual who has a visual
acuity between 20/60 and 20/200 in the individual's better eye with
the best correction or a corresponding loss in visual field.
    (b) This section applies to the following statutes:
      (1) IC 12-12-1.
      (2) IC 12-12-3.
    Sec. 350. "Vocational rehabilitation services", for purposes of
IC 12-28-1, has the meaning set forth in IC 12-28-1-5.
    Sec. 351. "Volunteer", for purposes of IC 12-17.2, means an
individual who, without compensation, provides services to a child
care home, child care center, provider (as defined in section 267(4)
of this chapter), or child care ministry for at least eight (8) hours
per month.
    Sec. 352. "Voucher payment", for purposes of IC 12-17.2-3.5,
has the meaning set forth in IC 12-17.2-3.5-3.
    Sec. 353. "Waiver training", for purposes of IC 12-23-21, has
the meaning set forth in IC 12-23-21-1.
    Sec. 354. (a) "Warrant", for purposes of the statutes listed in
subsection (b), means an instrument that is:
      (1) the equivalent of a money payment; and
      (2) immediately convertible into cash by the payee for the full
      face amount of the instrument.
    (b) This section applies to the following statutes:
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      (1) IC 12-10-6.
      (2) IC 12-13.
      (3) IC 12-14.
      (4) IC 12-15.
      (5) IC 12-19.
   Sec. 355. "Waste", for purposes of IC 12-15-35.5, has the
meaning set forth in IC 12-15-35.5-2.6.
   Sec. 356. "Wasted resources", for purposes of IC 12-20, means:
      (1) the amount of money or resources expended by an
      applicant or an adult member of an applicant's household
      seeking township assistance during the thirty (30) days before
      the date of application for township assistance for items or
      services that are not basic necessities;
      (2) income, resources, or tax supported services lost or
      reduced as a result of a voluntary act during the sixty (60)
      days before the date of application for township assistance by
      an adult member of an applicant's household unless the adult
      member can establish a good reason for the act; or
      (3) lump sum amounts of money or resources from tax
      refunds, lawsuits, inheritances, or pension payments of at
      least four hundred dollars ($400) that are expended by:
         (A) an applicant seeking township assistance; or
         (B) an adult member of the applicant's household;
      during the one hundred eighty (180) days immediately
      preceding the date of application for township assistance for
      items or services that are not basic necessities if, at the time of
      the expenditure, there were amounts due and owing for items
      or services constituting basic necessities.
   SECTION 64. IC 12-8-1.5-6.1, AS ADDED BY P.L.179-2025,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 6.1. (a) Subject to an approved state plan
amendment or waiver under subsection (b), the office of the secretary
shall, immediately upon request by the department of child services,
provide to the department of child services address information that is
maintained by the office of the secretary and that is necessary for the
department of child services to:
      (1) respond to a report of suspected child abuse or neglect under
      IC 31-33; or
      (2) take action concerning a child with regard to whom exigent
      circumstances (as defined by IC 31-9-2-44.1) in IC 31-9-2.1-92)
      exist.
   (b) The office of the secretary shall apply for any state plan
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amendment or waiver necessary to implement this section.
   SECTION 65. IC 12-8-12-8, AS ADDED BY P.L.102-2022,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 8. (a) This section does not apply to an individual
who:
     (1) is less than eighteen (18) years of age;
     (2) is more than sixty-four (64) years of age;
     (3) is medically certified as:
         (A) physically; or
         (B) mentally;
     unfit for employment;
     (4) is pregnant;
     (5) is a parent or caretaker who personally provides care for a
     dependent child who has a:
         (A) serious medical condition; or
         (B) disability;
     as determined by the secretary;
     (6) is receiving unemployment compensation and complying with
     work requirements under IC 22-4;
     (7) is participating in a treatment and rehabilitation program for
     a drug or alcohol addiction;
     (8) is participating in:
         (A) an adult basic education program;
         (B) a workforce training, certification, or credentialing
         program; or
         (C) a course of study at a postsecondary institution;
     (9) has been awarded a federal or state financial aid award or
     grant;
     (10) is a victim of domestic or family violence (as defined in
     IC 31-9-2-42); IC 31-9-2.1-84);
     (11) separated from service in the armed forces (as defined in
     IC 36-8-4.7-3) not more than one hundred eighty (180) days
     before applying for TANF assistance; or
     (12) has experienced homelessness.
   (b) As used in this section, "IMPACT mandatory" means, with
respect to an individual who applies for or receives TANF assistance,
a determination by the division that the individual is required, as a
condition of receiving TANF assistance, to participate in the IMPACT
program.
   (c) The secretary shall adopt rules under this section that require, at
a minimum, the following:
     (1) After submitting an application for TANF assistance, an
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      IMPACT mandatory applicant must, as a condition of eligibility,
      provide evidence of the applicant's job search activities. The
      evidence of job search activities must include, at a minimum,
      evidence of:
         (A) six (6) contacts by the applicant with employers; and
         (B) submission by the applicant of three (3) job applications
         or resumes;
      after the applicant's submission of the application.
      (2) An IMPACT mandatory individual whose application for
      TANF assistance is approved or who receives TANF assistance,
      whichever comes first, must participate in the IMPACT program
      as directed by the division.
    (d) The secretary may suspend application of rules adopted by the
secretary under subsection (c) to individuals residing in an area in
which:
      (1) the unemployment rate is ten percent (10%) or greater; or
      (2) an insufficient number of jobs is available to provide
      employment for residents of the area, as demonstrated by one (1)
      or more of the following:
         (A) The United States Department of Labor's Employment and
         Training Administration has designated the area as a labor
         surplus area.
         (B) The United States Department of Labor has determined
         that the area qualifies for extended unemployment benefits.
         (C) The area has a low and declining ratio of employment to
         population.
         (D) The average unemployment rate in the area for the
         immediately preceding twenty-four (24) month period is
         twenty percent (20%) or more above the national average
         unemployment rate during the same twenty-four (24) month
         period.
    SECTION 66. IC 12-9-2-6, AS AMENDED BY P.L.117-2015,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 6. (a) The secretary shall act for the division in
entering into contracts for the disbursal of money and the providing of
service for approved community intellectual disability and other
developmental disability centers where constructed and operated or
maintained by private nonprofit organizations, a local public agency,
or any other state agency that the secretary determines to be best suited
to advance programs for individuals with developmental disabilities.
    (b) Before entering into a contract under this section, the secretary
shall submit the contract to the attorney general for approval as to form
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and legality.
    (c) A contract under this section must do the following:
      (1) Specify the services to be provided and the client populations
      to whom services must be provided.
      (2) Specify that the definition of developmental disability set forth
      in IC 12-7-2-61 IC 12-7-2.1-118 must be used to determine the
      eligibility of an individual for reimbursement of the center by the
      division for the center's services for individuals with a
      developmental disability. The division shall reimburse the centers
      at rates established by rule.
      (3) Provide for a reduction in funding for failure to comply with
      terms of the contract.
    SECTION 67. IC 12-10-6-5, AS AMENDED BY P.L.56-2023,
SECTION 88, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 5. (a) An individual who is determined under
section 2.1(a)(2) of this chapter to be incapable of residing in the
individual's own home because of mental illness may be admitted to a
home or facility that provides residential care to the extent that money
is available for the care.
    (b) Within thirty (30) days after an individual with a mental illness
is placed in a home or facility that provides residential care, a
comprehensive care plan must be developed for the individual.
    (c) The residential care facility, in cooperation with the community
mental health center or an individual's managed care provider (as
defined in IC 12-7-2-127(b)) IC 12-7-2.1-267(5)) serving the area in
which the residential care facility is located, shall develop the
comprehensive care plan for the individual. The plan must include the
following:
      (1) Psychosocial rehabilitation services that are provided within
      the community.
      (2) A comprehensive range of activities to meet multiple levels of
      need, including the following:
          (A) Recreational and socialization activities.
          (B) Social skills.
          (C) Educational, training, occupational, and work programs.
          (D) Opportunities for progression into less restrictive and
          more independent living arrangements.
      (3) Appropriate alternate placement if the individual's needs
      cannot be met by the facility.
    (d) The Indiana department of health shall, in coordination with the
division of mental health and addiction and the division, adopt rules
under IC 4-22-2 to govern:
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     (1) residential care; and
     (2) the comprehensive care plan;
provided to individuals with a mental illness who reside under this
chapter in a home or facility that provides residential care.
   SECTION 68. IC 12-10-10-2, AS AMENDED BY P.L.167-2025,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. As used in this chapter, "community and home
care services" means services provided within the limits of available
funding to an eligible individual. The term includes the following:
     (1) Homemaker services and attendant care, including personal
     care services.
     (2) Respite care services and other support services for primary
     or family caregivers.
     (3) Adult day care services.
     (4) Home health services and supplies.
     (5) Home delivered meals.
     (6) Transportation.
     (7) Attendant care services provided by a registered personal
     services attendant under IC 12-10-17.1 to persons described in
     IC 12-10-17.1-6.
     (8) Other services necessary to prevent and reduce:
         (A) hospitalization and institutionalization; and
         (B) the need for Medicaid home and community based
         services;
     of eligible individuals when feasible.
     (9) Other services, not covered by Medicaid, including equipment
     and building modifications, necessary to:
         (A) prevent individuals with intellectual or developmental
         disabilities from being institutionalized; and
         (B) help an individual described in clause (A) to transition out
         of a health facility licensed under IC 16-28 or a group home
         (as defined by IC 31-9-2-48.5). in IC 31-9-2.1-115).
     (10) Support services that provide education, resources, and
     strategies to help caregivers and family members of individuals
     with dementia.
   SECTION 69. IC 12-14-2-16 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 16. If an investigation
discloses that a child is a dependent child and the child is living or will
live with at least one (1) of the relatives prescribed in IC 12-7-2-58,
IC 12-7-2.1-114, assistance may be allowed for the support of the child
without complying with an Indiana law other than this article.
   SECTION 70. IC 12-14-2-24, AS AMENDED BY P.L.80-2010,
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                                   116
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 24. (a) A dependent child and a parent or an
essential person are not eligible for TANF assistance under this chapter
unless the mother of the dependent child:
     (1) initiates a court proceeding to establish paternity, other than
     an adoption proceeding, except as provided in IC 31-14-20-2;
     (2) executes a paternity affidavit under IC 16-37-2-2.1; or
     (3) requests, at the time of application or renewal, that the Title
     IV-D agency or its agents file a paternity action under
     IC 31-14-4-3.
   (b) A person applying for assistance under this chapter is not
required to comply with subsection (a) if:
     (1) the father of the dependent child has been charged with an act
     of rape, incest, or child molesting that occurred against the
     dependent child's mother within ten (10) months before the birth
     of the dependent child;
     (2) the mother of the dependent child is deceased;
     (3) the division determines under rules adopted by the division
     under IC 4-22-2 that the mother of the dependent child could not
     know the identity of the child's father;
     (4) the mother of the dependent child provides proof, and the
     division agrees, that the physical health or safety of the mother or
     the dependent child would be jeopardized if the mother complies
     with subsection (a); or
     (5) the dependent child is living in the family home of a relative
     other than the mother of the child as described under
     IC 12-14-1-1(a) and the relative provides proof, and the division
     agrees, that the physical health or safety of the mother, relative,
     or dependent child would be jeopardized if the relative complies
     with subsection (a).
   (c) If a dependent child's mother is a party to a paternity action filed
under IC 31-14 (or IC 31-6-6.1 before its repeal), a county office shall
revoke assistance under this chapter if the mother fails to pursue the
paternity action.
   (d) The office may not delay payments otherwise owing to a
provider if the mother fails to comply with this section.
   (e) Except as provided in subsection (b)(1), (b)(3), and (b)(5), if a
child is residing with a nonparent guardian or custodian, the nonparent
guardian or custodian shall make a good faith effort to cooperate with
a prosecuting attorney or the division by providing to the prosecuting
attorney or the division any information regarding the potential
paternity of the child.
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    (f) The nonparent custodian or guardian is presumed to make a good
faith effort under subsection (e) if the nonparent custodian or guardian
does one (1) or more of the following:
       (1) Responds to telephone calls from a prosecuting attorney or
       correspondence from a prosecuting attorney.
       (2) Appears for an appointment, in person or by telephone, with
       a prosecuting attorney.
       (3) Appears at a court hearing when requested by a prosecuting
       attorney.
       (4) Does one (1) or more of the following:
           (A) Provides information described in IC 12-7-2-43.5(b),
           IC 12-7-2.1-88(b), to the extent the information is known.
           (B) Affirms that the information described in
           IC 12-7-2-43.5(b) IC 12-7-2.1-88(b) is not known.
    (g) Before making a determination that the nonparent custodian or
guardian is not making a good faith effort to cooperate, the prosecuting
attorney shall consider one (1) or more of the following:
       (1) Whether the nonparent custodian or guardian could
       reasonably be expected to provide the information.
       (2) The age of the child for whom child support is being sought.
       (3) The circumstances surrounding the conception of the child.
       (4) The age and mental capacity of the nonparent custodian or
       guardian.
       (5) The time that has expired since the nonparent custodian or
       guardian has last had contact with:
           (A) the alleged father of the child;
           (B) a parent of the child; or
           (C) a relative of the persons listed in clause (A) or (B).
       (6) Any credible information that demonstrates an inability to
       provide correct information about an alleged father or a parent of
       the child because of deception by the alleged father or parent.
       (7) Any other credible information obtained by the prosecuting
       attorney that demonstrates the nonparent custodian or guardian
       has knowledge of the information sought by the prosecuting
       attorney.
    SECTION 71. IC 12-14-7-2, AS AMENDED BY THE
TECHNICAL CORRECTIONS BILL OF THE 2026 GENERAL
ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. (a) If:
       (1) the parents of a dependent child are (1) separated or divorced;
       and
       (2) there is no court order for the support of the child;
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the other parent shall cooperate, within federal regulations, with the
state agency responsible for administering Title IV-D of the federal
Social Security Act in obtaining a support order.
   (b) If a child is residing with a nonparent guardian or custodian, the
nonparent guardian or custodian shall make a good faith effort to
cooperate with the division and any agency responsible for
administering Title IV-D of the federal Social Security Act in obtaining
and enforcing a child support order.
   (c) The nonparent custodian or guardian is presumed to make a
good faith effort under subsection (b) if the nonparent custodian or
guardian does one (1) or more of the following:
      (1) Responds to telephone calls from a prosecuting attorney or
      correspondence from a prosecuting attorney.
      (2) Appears for an appointment, in person or by telephone, with
      a prosecuting attorney.
      (3) Appears at a court hearing when requested by a prosecuting
      attorney.
      (4) Does one (1) or more of the following:
          (A) Provides information described in IC 12-7-2-43.5(b),
          IC 12-7-2.1-88(b), to the extent the information is known.
          (B) Affirms that the information described in
          IC 12-7-2-43.5(b) IC 12-7-2.1-88(b) is not known.
   (d) Before making a determination that the nonparent custodian or
guardian is not making a good faith effort to cooperate, the prosecuting
attorney shall consider one (1) or more of the following:
      (1) Whether the nonparent custodian or guardian could
      reasonably be expected to provide the information.
      (2) The age of the child for whom child support is being sought.
      (3) The circumstances surrounding the conception of the child.
      (4) The age and mental capacity of the nonparent custodian or
      guardian.
      (5) The time that has expired since the nonparent custodian or
      guardian has last had contact with:
          (A) the alleged father of the child;
          (B) a parent of the child; or
          (C) a relative of the persons listed in clause (A) or (B).
      (6) Any credible information that demonstrates an inability to
      provide correct information about an alleged father or a parent of
      the child because of deception by the alleged father or parent.
      (7) Any other credible information obtained by the prosecutor that
      demonstrates the nonparent custodian or guardian has knowledge
      of the information sought by the prosecuting attorney.
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   SECTION 72. IC 12-14-7-3, AS AMENDED BY P.L.80-2010,
SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3. (a) If a child is born out of wedlock, the mother
shall, when establishing the paternity of the child and obtaining a
support order, cooperate with the state agency responsible for
administering Title IV-D of the federal Social Security Act, in
compliance with federal regulations governing Title IV-D of the federal
Social Security Act.
   (b) If a child is residing with a nonparent guardian or custodian, the
nonparent guardian or custodian shall make a good faith effort to
cooperate with the division and with any agency responsible for
administering Title IV-D of the federal Social Security Act by
providing any information known to the nonparent guardian or
custodian regarding the potential paternity of the child.
   (c) If a child is residing with a nonparent guardian or custodian, the
nonparent guardian or custodian shall make a good faith effort to
cooperate with the division and any agency responsible for
administering Title IV-D of the federal Social Security Act in the
establishment and enforcement of a child support order.
   (d) The nonparent custodian or guardian is presumed to make a
good faith effort under subsections (b) and (c) if the nonparent
custodian or guardian does one (1) or more of the following:
      (1) Responds to telephone calls from a prosecutor or
      correspondence from a prosecuting attorney.
      (2) Appears for an appointment, in person or by telephone, with
      a prosecuting attorney.
      (3) Appears at a court hearing when requested by a prosecuting
      attorney.
      (4) Does one (1) or more of the following:
          (A) Provides information described in IC 12-7-2-43.5(b),
          IC 12-7-2.1-88(b), to the extent the information is known.
          (B) Affirms that the information described in
          IC 12-7-2-43.5(b) IC 12-7-2.1-88(b) is not known.
   (e) Before making a determination that the nonparent custodian or
guardian is not making a good faith effort to cooperate, the prosecuting
attorney shall consider one (1) or more of the following:
      (1) Whether the nonparent custodian or guardian could
      reasonably be expected to provide the information.
      (2) The age of the child for whom child support is being sought.
      (3) The circumstances surrounding the conception of the child.
      (4) The age and mental capacity of the nonparent custodian or
      guardian.
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      (5) The time that has expired since the nonparent custodian or
      guardian has last had contact with:
          (A) the alleged father of the child;
          (B) a parent of the child; or
          (C) a relative of the persons listed in clause (A) or (B).
      (6) Any credible information that demonstrates an inability to
      provide correct information about an alleged father or a parent of
      the child because of deception by the alleged father or parent.
      (7) Any other credible information obtained by the prosecuting
      attorney that demonstrates the nonparent custodian or guardian
      has knowledge of the information sought by the prosecuting
      attorney.
   SECTION 73. IC 12-14-31-4, AS ADDED BY P.L.57-2025,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 4. A household that, at the time of the office of the
secretary's initial determination of the household's income eligibility for
purposes of entry into the CCDF program, includes a foster parent (as
defined in IC 31-9-2-47) IC 31-9-2.1-109) is eligible for assistance
under the CCDF program for children in foster care (as defined in
IC 31-9-2-46.7). IC 31-9-2.1-107).
   SECTION 74. IC 12-15-13.5-6, AS ADDED BY P.L.127-2020,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 6. (a) Subject to subsection (b), a recovery audit
shall not require documentation, at the time of service, for services
provided by a community mental health center (as defined in
IC 12-7-2-38) IC 12-7-2.1-78) when the documentation is part of an
ongoing plan of treatment or a documentation of specific treatment
methods.
   (b) The direct service provider shall complete documentation
described in subsection (a) within a reasonable time frame, but not later
than thirty (30) days from the date of service, prior to Medicaid billing.
   (c) Any supervising provider in a community mental health center
is eligible to review documentation in order to certify a plan of
treatment or review specific treatment methods at intervals not greater
than ninety (90) days.
   (d) A supervising provider described in subsection (c) may review
the documentation described in subsection (c) regardless of:
      (1) whether the supervising provider is providing direct
      supervision; and
      (2) the location where the service was provided.
A review described under this subsection must be documented by the
signature of the supervising provider.
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   (e) In developing a plan of treatment, the following must be
completed to demonstrate active treatment with a client:
      (1) A signed client consent form.
      (2) The completion of a list of requirements concerning audit
      compliance, as determined by the division in collaboration with
      community mental health centers, that verifies active participation
      in the development of the client's plan of treatment.
      (3) Either:
          (A) the signature of the client on the client's plan of treatment;
          or
          (B) if the direct care provider, after a good faith effort, is
          unable to obtain the client's signature on the client's plan of
          treatment:
             (i) the provision of documentation by the provider of the
             reasons the provider was unable to obtain the signature;
             (ii) the continuation of attempting to obtain the client's
             signature on the client's plan of treatment; and
             (iii) a determination by the division, based on the
             documentation in item (i), that the direct care provider has
             made a good faith effort to obtain the signature.
   SECTION 75. IC 12-15-32-11, AS AMENDED BY P.L.35-2016,
SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 11. (a) The office may assess community
residential facilities for the developmentally disabled (as defined in
IC 12-7-2-61) IC 12-7-2.1-118) and intermediate care facilities for
individuals with intellectual disabilities (ICF/IID) (as defined in
IC 16-29-4-2) that are not operated by the state in an amount not to
exceed ten percent (10%) of the total annual revenue of the facility for
the facility's preceding fiscal year.
   (b) The assessments shall be paid to the office of Medicaid policy
and planning in equal monthly amounts on or before the tenth day of
each calendar month. The office may withhold Medicaid payments to
a provider described in subsection (a) that fails to pay an assessment
within thirty (30) days after the due date. The amount withheld may not
exceed the amount of the assessments due.
   (c) Revenue from the assessments shall be credited to a special
account within the state general fund to be called the Medicaid
assessment account. Money in the account may be used only for
services for which federal financial participation under Medicaid is
available to match state funds. An amount equivalent to the federal
financial participation estimated to be received for services financed
from assessments under subsection (a) shall be used to finance
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Medicaid services provided by facilities described in subsection (a).
    (d) If federal financial participation to match the assessments in
subsection (a) becomes unavailable under federal law, the authority to
impose the assessments terminates on the date that the federal
statutory, regulatory, or interpretive change takes effect.
    SECTION 76. IC 12-17.2-2-5.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 5.5. (a)
Notwithstanding IC 12-7-2-149.1, IC 12-7-2.1-267, as used in this
section, "provider" means a person who provides child care under this
article.
    (b) When the division adopts an administrative rule or a policy
statement to administer this article, the division shall make the
administrative rule or policy statement available to the public upon
request.
    (c) When the division adopts an administrative rule or a policy
statement to administer this article, the administrative rule or policy
statement must specifically identify the type of provider to which the
administrative rule or policy statement applies.
    (d) When the division provides information to the public concerning
an administrative rule or a policy statement adopted by the division,
each document provided must specifically identify the type of provider
to which the administrative rule or policy statement applies.
    SECTION 77. IC 12-17.2-4-5, AS AMENDED BY P.L.121-2020,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 5. (a) The following constitute sufficient grounds
for a denial of a license application:
      (1) A determination by the department of child services
      established by IC 31-25-1-1 of child abuse or neglect (as defined
      in IC 31-9-2-14) IC 31-9-2.1-33) by:
          (A) the applicant;
          (B) an employee of the applicant who may be present on the
          premises of the child care center during operating hours of the
          child care center; or
          (C) a volunteer of the applicant who may be present on the
          premises of the child care center during operating hours of the
          child care center.
      (2) A criminal conviction of the applicant, or an employee or
      volunteer of the applicant who may be present on the premises of
      the child care center during operating hours of the child care
      center, of any of the following:
          (A) A felony:
            (i) related to the health or safety of a child;
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            (ii) that is a sex offense (as defined in IC 11-8-8-5.2);
            (iii) that is a dangerous felony; or
            (iv) that is not a felony otherwise described in items (i)
            through (iii), and less than ten (10) years have elapsed from
            the date the person was discharged from probation,
            imprisonment, or parole, whichever discharge date is latest.
         (B) A misdemeanor related to the health or safety of a child.
         (C) A misdemeanor for operating a child care center without
         a license under section 35 of this chapter, or a substantially
         similar offense in another jurisdiction if the offense is directly
         or indirectly related to jeopardizing the health or safety of a
         child.
         (D) A misdemeanor for operating a child care home without a
         license under IC 12-17.2-5-35, or a substantially similar
         offense in another jurisdiction if the offense is directly or
         indirectly related to jeopardizing the health or safety of a child.
      (3) A determination by the division that the applicant made false
      statements in the applicant's application for licensure.
      (4) A determination by the division that the applicant made false
      statements in the records required by the division.
      (5) A determination by the division that the applicant previously
      operated a:
         (A) child care center without a license under this chapter; or
         (B) child care home without a license under IC 12-17.2-5.
   (b) Notwithstanding subsection (a)(2), if:
      (1) a license application is denied due to a criminal conviction of
      an employee or a volunteer of the applicant; and
      (2) the division determines that the employee or volunteer has
      been dismissed by the applicant;
the criminal conviction of the former employee or former volunteer
does not require denial of a license application.
   SECTION 78. IC 12-17.2-4-32, AS AMENDED BY HEA
1202-2026, SECTION 24, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 32. (a) The following constitute
sufficient grounds for revocation of a license:
      (1) A determination by the department of child services of child
      abuse or neglect (as defined in IC 31-9-2-14) IC 31-9-2.1-33) by:
         (A) the licensee;
         (B) an employee of the licensee who may be present on the
         premises of the child care center during operating hours of the
         child care center; or
         (C) a volunteer of the licensee who may be present on the
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        premises of the child care center during operating hours of the
        child care center.
     (2) A criminal conviction of the licensee, or an employee or
     volunteer of the licensee who may be present on the premises of
     the child care center during operating hours of the child care
     center, of any of the following:
        (A) A felony:
           (i) related to the health or safety of a child;
           (ii) that is a sex offense (as defined in IC 11-8-8-5.2);
           (iii) that is a dangerous felony; or
           (iv) that is not a felony otherwise described in items (i)
           through (iii), and less than ten (10) years have elapsed from
           the date the person was discharged from probation,
           imprisonment, or parole, whichever discharge date is latest.
        (B) A misdemeanor related to the health or safety of a child.
        (C) A misdemeanor for operating a child care center without
        a license under section 35 of this chapter, or a substantially
        similar offense in another jurisdiction if the offense is directly
        or indirectly related to jeopardizing the health or safety of a
        child.
        (D) A misdemeanor for operating a child care home without a
        license under IC 12-17.2-5-35, or a substantially similar
        offense in another jurisdiction if the offense is directly or
        indirectly related to jeopardizing the health or safety of a child.
     (3) A determination by the division that the licensee made false
     statements in the licensee's application for licensure.
     (4) A determination by the division that the licensee made false
     statements in the records required by the division.
     (5) A determination by the division that the licensee previously
     operated a:
        (A) child care center without a license under this chapter; or
        (B) child care home without a license under IC 12-17.2-5.
     (6) A determination by the division that the operator of the child
     care center has failed to comply with an order of the department
     of homeland security.
   (b) Notwithstanding subsection (a)(2), if:
     (1) a license is revoked due to a criminal conviction of an
     employee or a volunteer of the licensee; and
     (2) the division determines that the employee or volunteer has
     been dismissed by the licensee;
the criminal conviction of the former employee or former volunteer
does not require revocation of a license.
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   SECTION 79. IC 12-17.2-5-4, AS AMENDED BY P.L.74-2022,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 4. (a) The following constitute sufficient grounds
for a denial of a license application:
      (1) A determination by the department of child services
      established by IC 31-25-1-1 of child abuse or neglect (as defined
      in IC 31-9-2-14) IC 31-9-2.1-33) by:
          (A) the applicant;
          (B) a member of the applicant's household;
          (C) an employee of the applicant who may be present on the
          premises of the child care home during operating hours of the
          child care home; or
          (D) a volunteer of the applicant who may be present on the
          premises of the child care home during operating hours of the
          child care home.
      (2) A criminal conviction of the applicant, or an employee or
      volunteer of the applicant who may be present on the premises of
      the child care home during operating hours of the child care
      home, or a member of the applicant's household, of any of the
      following:
          (A) A felony:
             (i) related to the health or safety of a child;
             (ii) that is a sex offense (as defined in IC 11-8-8-5.2);
             (iii) that is a dangerous felony; or
             (iv) that is not a felony otherwise described in items (i)
             through (iii), and less than ten (10) years have elapsed from
             the date the person was discharged from probation,
             imprisonment, or parole, whichever discharge date is latest.
          (B) A misdemeanor related to the health or safety of a child.
          (C) A misdemeanor for operating a child care center without
          a license under IC 12-17.2-4-35, or a substantially similar
          offense committed in another jurisdiction if the offense is
          directly or indirectly related to jeopardizing the health or
          safety of a child.
          (D) A misdemeanor for operating a child care home without a
          license under section 35 of this chapter, or a substantially
          similar offense committed in another jurisdiction if the offense
          is directly or indirectly related to jeopardizing the health or
          safety of a child.
      (3) A determination by the division that the applicant made false
      statements in the applicant's application for licensure.
      (4) A determination by the division that the applicant made false
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      statements in the records required by the division.
      (5) A determination by the division that the applicant previously
      operated a:
         (A) child care center without a license under IC 12-17.2-4; or
         (B) child care home without a license under this chapter.
   (b) Notwithstanding subsection (a)(2), if:
      (1) a license application is denied due to a criminal conviction of:
         (A) an employee or a volunteer of the applicant; or
         (B) a member of the applicant's household; and
      (2) the division determines that the:
         (A) employee or volunteer has been dismissed by the
         applicant; or
         (B) member of the applicant's household is no longer a
         member of the applicant's household;
the criminal conviction of the former employee, former volunteer, or
former member does not require denial of a license application.
   SECTION 80. IC 12-17.2-5-6.3, AS AMENDED BY P.L.74-2022,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 6.3. (a) To qualify for a license to operate a class
I child care home under this chapter, a person must do the following:
      (1) Provide documentation to the division that the licensee has
      received a high school diploma or a high school equivalency
      certificate as described in IC 12-14-5-2.
      (2) Provide documentation to the division that the licensee:
         (A) has completed;
         (B) is enrolled in; or
         (C) agrees to complete within the next three (3) years;
      a child development associate credential program or a similar
      program approved by the division.
      (3) Complete the training course taught or approved by the
      division concerning safe sleeping practices for a child within the
      person's care as described in IC 12-17.2-2-1(10).
The division may grant a waiver or variance of the requirement under
subdivision (2).
   (b) A class I child care home may serve three (3) school age
children under IC 12-7-2-33.7 IC 12-7-2.1-68 if the child care home
meets the following conditions:
      (1) Provides at least thirty-five (35) square feet for each child.
      (2) Maintains the child to staff ratio required under rules adopted
      by the division for each age group of children in attendance.
      (3) Has an illuminated exit sign over each required exit or
      emergency lighting for each required exit.
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    SECTION 81. IC 12-17.2-5-7.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 7.5. (a) The license
issued to a person for the operation of a child care home under section
7 of this chapter shall indicate whether the child care home is licensed
as a class I child care home or a class II child care home.
    (b) A person who:
      (1) holds a license to operate a class I child care home; and
      (2) at any time serves a number of children greater than the
      number allowed under IC 12-7-2-33.7; IC 12-7-2.1-68;
is subject to sanctions under section 33 of this chapter, a civil penalty
under section 34 of this chapter, and the criminal penalty set forth in
section 35 of this chapter.
    (c) A person who:
      (1) holds a license to operate a class II child care home; and
      (2) at any time:
          (A) serves a number of children greater than the number
          allowed under IC 12-7-2-33.8; IC 12-7-2.1-69; or
          (B) fails to comply with the requirements for class II child care
          homes set forth in section 6.5 of this chapter;
is subject to sanctions under section 33 of this chapter, a civil penalty
under section 34 of this chapter, and the criminal penalty set forth in
section 35 of this chapter.
    SECTION 82. IC 12-17.2-5-32, AS AMENDED BY P.L.74-2022,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 32. (a) The following constitute sufficient grounds
for revocation of a license:
      (1) A determination by the department of child services of child
      abuse or neglect (as defined in IC 31-9-2-14) IC 31-9-2.1-33) by:
          (A) the licensee;
          (B) a member of the licensee's household;
          (C) an employee of the licensee who may be present on the
          premises of the child care home during operating hours of the
          child care home; or
          (D) a volunteer of the licensee who may be present on the
          premises of the child care home during operating hours of the
          child care home.
      (2) A criminal conviction of the licensee, an employee or
      volunteer of the licensee who may be present on the premises of
      the child care home during operating hours of the child care
      home, or a member of the licensee's household of any of the
      following:
          (A) A felony:
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           (i) related to the health or safety of a child;
           (ii) that is a sex offense (as defined in IC 11-8-8-5.2);
           (iii) that is a dangerous felony; or
           (iv) that is not a felony otherwise described in items (i)
           through (iii), and less than ten (10) years have elapsed from
           the date the person was discharged from probation,
           imprisonment, or parole, whichever discharge date is latest.
        (B) A misdemeanor related to the health or safety of a child.
        (C) A misdemeanor for operating a child care center without
        a license under IC 12-17.2-4-35, or a substantially similar
        offense committed in another jurisdiction if the offense is
        directly or indirectly related to jeopardizing the health or
        safety of a child.
        (D) A misdemeanor for operating a child care home without a
        license under section 35 of this chapter, or a substantially
        similar offense committed in another jurisdiction if the offense
        is directly or indirectly related to jeopardizing the health or
        safety of a child.
     (3) A determination by the division that the licensee made false
     statements in the licensee's application for licensure.
     (4) A determination by the division that the licensee made false
     statements in the records required by the division.
     (5) A determination by the division that the licensee previously
     operated a:
        (A) child care center without a license under IC 12-17.2-4; or
        (B) child care home without a license under this chapter.
   (b) Notwithstanding subsection (a)(2), if:
     (1) a license is revoked due to a criminal conviction of:
        (A) an employee or a volunteer of the licensee's; or
        (B) a resident of the licensee's household; and
     (2) the division determines that the:
        (A) employee or volunteer has been dismissed by the licensee;
        or
        (B) member of the licensee's household is no longer a member
        of the licensee's household;
the criminal conviction of the former employee, former volunteer, or
former member does not require revocation of a license.
   SECTION 83. IC 12-17.2-6-16, AS AMENDED BY P.L.121-2020,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 16. (a) The following constitute sufficient grounds
for denial of an application for registration under this chapter:
     (1) A determination by the department of child services of child
SEA 80 — CC 1
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   abuse or neglect (as defined in IC 31-9-2-14) IC 31-9-2.1-33) by:
      (A) the applicant;
      (B) an employee of the applicant who may be present on the
      premises of the child care ministry during operating hours of
      the child care ministry; or
      (C) a volunteer of the applicant who may be present on the
      premises of the child care ministry during operating hours of
      the child care ministry.
   (2) A criminal conviction of the applicant, or an employee or
   volunteer of the applicant who may be present on the premises of
   the child care ministry during operating hours of the child care
   ministry, of any of the following:
      (A) A felony:
         (i) related to the health or safety of a child;
         (ii) that is a sex offense (as defined in IC 11-8-8-5.2);
         (iii) that is a dangerous felony; or
         (iv) that is not a felony otherwise described in items (i)
         through (iii), and less than ten (10) years have elapsed from
         the date the person was discharged from probation,
         imprisonment, or parole, whichever discharge date is latest.
      (B) A misdemeanor related to the health or safety of a child.
      (C) A misdemeanor for operating a child care ministry without
      a registration under this chapter, or a substantially similar
      offense in another jurisdiction if the offense is directly or
      indirectly related to jeopardizing the health or safety of a child.
      (D) A misdemeanor for operating a child care center without
      a license under IC 12-17.2-4-35, or a substantially similar
      offense in another jurisdiction if the offense is directly or
      indirectly related to jeopardizing the health or safety of a child.
      (E) A misdemeanor for operating a child care home without a
      license under IC 12-17.2-5-35, or a substantially similar
      offense in another jurisdiction if the offense is directly or
      indirectly related to jeopardizing the health or safety of a child.
   (3) A determination by the division that the applicant made false
   statements in the applicant's application for registration.
   (4) A determination by the division that the applicant made false
   statements in the records required by the division.
   (5) A determination by the division that the applicant previously
   operated a:
      (A) child care ministry without a registration under this
      chapter;
      (B) child care center without a license under IC 12-17.2-4; or
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          (C) child care home without a license under IC 12-17.2-5.
   (b) Notwithstanding subsection (a)(2), if:
      (1) a registration application is denied due to a criminal
      conviction of an employee or a volunteer of the applicant; and
      (2) the division determines that the employee or volunteer has
      been dismissed by the applicant;
the criminal conviction of the former employee or former volunteer
does not require denial of the registration application.
   SECTION 84. IC 12-17.2-6-19, AS AMENDED BY HEA
1202-2026, SECTION 29, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 19. (a) The following constitute
sufficient grounds for revocation of a registration under this chapter:
      (1) A determination by the department of child services of child
      abuse or neglect (as defined in IC 31-9-2-14) IC 31-9-2.1-33) by:
          (A) the operator of the child care ministry;
          (B) an employee of the child care ministry who may be present
          on the premises of the child care ministry during operating
          hours of the child care ministry; or
          (C) a volunteer of the child care ministry who may be present
          on the premises of the child care ministry during operating
          hours of the child care ministry.
      (2) A criminal conviction of the operator of the child care
      ministry, or an employee or volunteer of the child care ministry
      who may be present on the premises of the child care ministry
      during operating hours of the child care ministry, of any of the
      following:
          (A) A felony:
            (i) related to the health or safety of a child;
            (ii) that is a sex offense (as defined in IC 11-8-8-5.2);
            (iii) that is a dangerous felony; or
            (iv) that is not a felony otherwise described in items (i)
            through (iii), and less than ten (10) years have elapsed from
            the date the person was discharged from probation,
            imprisonment, or parole, whichever discharge date is latest.
          (B) A misdemeanor related to the health or safety of a child.
          (C) A misdemeanor for operating a child care ministry without
          a registration under this chapter, or a substantially similar
          offense in another jurisdiction if the offense is directly or
          indirectly related to jeopardizing the health or safety of a child.
          (D) A misdemeanor for operating a child care center without
          a license under IC 12-17.2-4-35, or a substantially similar
          offense in another jurisdiction if the offense is directly or
SEA 80 — CC 1
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        indirectly related to jeopardizing the health or safety of a child.
        (E) A misdemeanor for operating a child care home without a
        license under IC 12-17.2-5-35, or a substantially similar
        offense in another jurisdiction if the offense is directly or
        indirectly related to jeopardizing the health or safety of a child.
     (3) A determination by the division that the operator of the child
     care ministry made false statements in the child care ministry's
     registration application.
     (4) A determination by the division that the operator of the child
     care ministry made false statements in the records required by the
     division.
     (5) A determination by the division that the operator of the child
     care ministry previously operated a:
        (A) child care ministry without a registration under this
        chapter;
        (B) child care center without a license under IC 12-17.2-4; or
        (C) child care home without a license under IC 12-17.2-5.
     (6) A determination by the division that the operator of the child
     care ministry has failed to comply with an order of the department
     of homeland security.
   (b) Notwithstanding subsection (a)(2), if:
     (1) a registration is revoked due to a criminal conviction of an
     employee or a volunteer of the child care ministry; and
     (2) the division determines that the employee or volunteer has
     been dismissed by the child care ministry;
the criminal conviction of the former employee or former volunteer
does not require revocation of the registration.
   SECTION 85. IC 12-17.2-7.6-3, AS AMENDED BY SEA
222-2026, SECTION 66, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 3. (a) Not later than January 1,
2025, after soliciting and considering recommendations from
appropriate stakeholders, the office of the secretary shall develop a
regulatory model that:
     (1) is applicable only to micro facilities;
     (2) incorporates waivers or variances from the office of the
     secretary's rules applicable to providers under this article; and
     (3) provides for a balance between the goals of:
        (A) increasing the availability of child care, particularly in
        geographic areas facing a critical shortage of child care, by
        reducing the costs of operating a micro facility; and
        (B) ensuring the health and safety of children for whom a
        micro facility provides child care.
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    (b) In determining waivers or variances to be incorporated under
subsection (a)(2), the office of the secretary shall consider efficiencies
such as:
      (1) allowing a micro facility to be operated in either a residential
      or nonresidential building;
      (2) prescribing educational requirements for staff members of a
      micro facility that are tailored to the needs of providing child care
      to groups of thirty (30) children or less; and
      (3) allowing for supervision of children of diverse age groups in
      a manner that maximizes use of limited facility space.
    (c) Not later than March 1, 2025, the office of the secretary shall
establish and administer a pilot program under which:
      (1) a licensee under IC 12-7-2-28.4 IC 12-7-2.1-55 or
      IC 12-7-2-28.8 IC 12-7-2.1-58 that:
          (A) operates an existing micro facility; or
          (B) proposes to begin operating a new micro facility not more
          than sixty (60) days after the date of the licensee's application
          under this subdivision;
      may apply to participate in the pilot program in a manner
      prescribed by the office of the secretary;
      (2) the office of the secretary shall select at least three (3)
      licensees that apply under subdivision (1) and:
          (A) allow a selected licensee described in subdivision (1)(A)
          to operate the licensee's existing micro facility; and
          (B) allow a selected licensee described in subdivision (1)(B)
          to operate the licensee's proposed micro facility;
      under the regulatory model developed under subsection (a); and
      (3) the office of the secretary shall:
          (A) monitor the operation of the micro facilities operating
          under the regulatory model under subdivision (2); and
          (B) evaluate the degree to which the operation of the micro
          facilities under the regulatory model serves the balance
          described in subsection (a)(3).
    (d) The office of the secretary shall, to the extent practicable, select
licensees for participation in the pilot program such that the micro
facilities operated by the licensees are located in areas:
      (1) that are geographically diverse from one another; and
      (2) in which there exists a critical shortage of child care providers.
    (e) A waiver or variance applied to a micro facility under this
section expires on the earlier of:
      (1) the date specified by the office of the secretary; or
      (2) December 31, 2027.
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    SECTION 86. IC 12-17.6-1-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 6. "Provider" has the
meaning set forth in IC 12-7-2-149.1(2). IC 12-7-2.1-267(2).
    SECTION 87. IC 12-21-2-3, AS AMENDED BY SEA 222-2026,
SECTION 68, AND AS AMENDED BY HEA 1296-2026, SECTION
5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2026]: Sec. 3. The secretary or the secretary's designee shall do the
following:
      (1) Organize the division, create the appropriate personnel
      positions, and employ personnel necessary to discharge the
      statutory duties and powers of the division or a bureau of the
      division.
      (2) Subject to the approval of the state personnel department,
      establish personnel qualifications for all deputy directors,
      assistant directors, bureau heads, and superintendents.
      (3) Subject to the approval of the budget director and the
      governor, establish the compensation of all deputy directors,
      assistant directors, bureau heads, and superintendents.
      (4) Study the entire problem of mental health, mental illness, and
      addictions existing in Indiana.
      (5) Adopt rules under IC 4-22-2 for the following:
         (A) Standards for the operation of private institutions that are
         licensed under IC 12-25 for the diagnosis, treatment, and care
         of individuals with psychiatric disorders, addictions, or other
         abnormal mental conditions.
         (B) Licensing or certifying community residential programs
         described in IC 12-22-2-3.5 for individuals with serious
         mental illness (SMI), serious emotional disturbance (SED), or
         chronic addiction (CA) with the exception of psychiatric
         residential treatment facilities.
         (C) Subject to IC 12-29-2-21, certifying community mental
         health centers to operate in Indiana.
         (D) Establish exclusive geographic primary service areas for
         community mental health centers. The rules must include the
         following:
            (i) Criteria and procedures to justify the change to the
            boundaries of a community mental health center's primary
            service area.
            (ii) Criteria and procedures to justify the change of an
            assignment of a community mental health center to a
            primary service area.
            (iii) A provision specifying that the criteria and procedures
SEA 80 — CC 1
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         determined in items (i) and (ii) must include an option for
         the county and the community mental health center to
         initiate a request for a change in primary service area or
         provider assignment.
         (iv) A provision specifying the criteria and procedures
         determined in items (i) and (ii) may not limit an eligible
         consumer's right to choose or access the services of any
         provider who is certified by the division of mental health
         and addiction to provide public supported mental health
         services.
       (E) The implementation and administration of certification
       requirements and standards for the following:
         (i) Certified community behavioral health clinics.
         (ii) Recovery community organizations.
         (iii) Recovery residences, for residential care and supported
         housing for chronic addiction in a recovery residence.
         (iv) Certified peers.
   (6) Institute programs, in conjunction with an accredited college
   or university and with the approval, if required by law, of the
   commission for higher education, for the instruction of students
   of mental health and other related occupations. The programs may
   be designed to meet requirements for undergraduate and
   postgraduate degrees and to provide continuing education and
   research.
   (7) Develop programs to educate the public in regard to the
   prevention, diagnosis, treatment, and care of all abnormal mental
   conditions.
   (8) Make the facilities of the state institutions available for the
   instruction of medical students, student nurses, interns, and
   resident and fellow physicians under the supervision of the faculty
   of any accredited school of medicine or osteopathy located in
   Indiana or an accredited residency or fellowship training program
   in connection with research and instruction in psychiatric
   disorders.
   (9) Institute a stipend program designed to improve the quality
   and quantity of staff that state institutions employ.
   (10) Establish, supervise, and conduct community programs,
   either directly or by contract, for the diagnosis, treatment, and
   prevention of psychiatric disorders.
   (11) Adopt rules under IC 4-22-2 concerning the records and data
   to be kept concerning individuals admitted to state institutions,
   community mental health centers, or other providers.
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                                 135
     (12) Compile information and statistics concerning the ethnicity
     and gender of a program or service recipient.
     (13) Establish standards for services described in IC 12-7-2-40.6
     IC 12-7-2.1-83 for community mental health centers and other
     providers.
     (14) Provide that the standards for services provided by recovery
     residences for residential care and supported housing for chronic
     addiction, when used as a recovery residence, be certified by the
     division or the division's designee to ensure adherence to
     standards determined by the division.
     (15) Provide that the standards for services provided by recovery
     community organizations for behavioral health recovery, when
     used as a recovery community organization, be certified by the
     division or the division's designee to ensure adherence to
     standards determined by the division.
     (16) Certify integrated reentry and correctional support programs
     to ensure adherence to standards determined by the division or a
     certification body approved by the division.
     (17) Require the division to:
         (A) provide best practice recommendations to community
         mental health centers; and
         (B) work with community mental health centers in a
         collaborative manner in order to ensure improved health
         outcomes as a part of reviews or audits.
     Documentation developed as a part of an incident or death
     reporting audit or review is confidential and may only be shared
     between the division and the community mental health center.
  SECTION 88. IC 12-21-8-10, AS AMENDED BY SEA 222-2026,
SECTION 70, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 10. (a) The division shall coordinate:
     (1) available onsite response services of crisis calls using state
     and locally funded mobile crisis teams; and
     (2) crisis receiving and stabilization services resulting from a
     9-8-8 call.
  (b) The mobile crisis teams must be certified by the division and
must include:
     (1) a peer certified by the division; and
     (2) at least one (1) of the following:
         (A) A behavioral health professional licensed under
         IC 25-23.6.
         (B) An other behavioral health professional (OBHP), as
         defined in 440 IAC 11-1-12.
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          (C) Emergency medical services personnel licensed under
          IC 16-31.
          (D) Law enforcement based coresponder behavioral health
          teams.
    (c) Crisis response services provided by a mobile crisis team must
be provided under the supervision of:
      (1) a behavioral health professional licensed under IC 25-23.6;
      (2) a licensed physician; or
      (3) an advanced practice registered nurse (as defined in
      IC 12-7-2-3.1). IC 12-7-2.1-10).
The supervision required under this subsection may be performed
remotely.
    SECTION 89. IC 12-23-1-13, AS ADDED BY P.L.220-2011,
SECTION 274, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 13. Notwithstanding the
amendments made to IC 12-7-2-12 (repealed July 1, 2026, and
reenacted at IC 12-7-2.1-19) by P.L.168-2002, a person participating
in an alcohol and drug services program before July 1, 2002, solely as
a result of committing an infraction may continue in the program until
the person successfully completes the program or is removed for a
violation or noncompliance, whichever occurs first.
    SECTION 90. IC 12-24-19-1, AS AMENDED BY P.L.99-2007,
SECTION 121, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 1. (a) This chapter applies only to
a patient who is transferred or discharged from a state institution
administered by the division of mental health and addiction.
    (b) This chapter does not apply to any of the following:
      (1) An individual who is admitted to a state institution only for
      evaluation purposes.
      (2) An individual who is incompetent to stand trial.
      (3) An individual who has a developmental disability (as defined
      in IC 12-7-2-61). IC 12-7-2.1-118).
      (4) An individual in an alcohol and drug services program who is
      not concurrently diagnosed with a mental illness.
      (5) An individual who has escaped from the facility to which the
      individual was involuntarily committed.
      (6) An individual who was admitted to a facility for voluntary
      treatment and who has left the facility against the advice of the
      attending physician.
    SECTION 91. IC 12-29-2-13, AS AMENDED BY P.L.143-2011,
SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 13. (a) This section applies to Lake County.
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   (b) In addition to any other appropriation under this article, the
county annually may fund each center serving the county from the
county's general fund in an amount not exceeding the following:
      (1) For 2004, the product of the amount determined under section
      2(b)(1) of this chapter multiplied by seven hundred fifty-two
      thousandths (0.752).
      (2) For 2005 and each year thereafter, the product of the amount
      determined under section 2(b)(2) of this chapter for that year
      multiplied by seven hundred fifty-two thousandths (0.752).
   (c) The receipts from the tax levied under this section shall be used
for the leasing, purchasing, constructing, or operating of facilities for
community based residential programs (as defined in IC 12-7-2-40)
IC 12-7-2.1-76) for individuals with a mental illness.
   (d) Money appropriated under this section must be:
      (1) budgeted under IC 6-1.1-17; and
      (2) included in the center's budget submitted to the division of
      mental health and addiction.
   (e) Permission for a levy increase in excess of the levy limitations
may be ordered under IC 6-1.1-18.5-15 only if the levy increase is
approved by the division of mental health and addiction for a
community mental health center.
   SECTION 92. IC 13-20-25-10, AS AMENDED BY SEA 277-2026,
SECTION 210, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 10. (a) A person:
      (1) who:
         (A) is not required to submit a recycling activity report under
         section 9 of this chapter; but
         (B) recycled recyclable materials during a calendar year;
      (2) who:
         (A) meets the definition of "scrap metal processing facility" set
         forth in IC 8-23-1-36; IC 8-23-1.1-35;
         (B) meets the definition of "automotive salvage recycler" set
         forth in IC 9-13-2-10;
         (C) meets the definition of "recycling facility" set forth in
         IC 9-13-2-150.3;
         (D) is engaged in business subject to IC 9-22-3;
         (E) meets the definition of "automotive salvage rebuilder" set
         forth in IC 9-32-2.1-5;
         (F) meets the definition of "scrap metal processor" set forth in
         IC 13-11-2-196.5;
         (G) meets the definition of "core buyer" set forth in
         IC 25-37.5-1-0.2; or
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         (H) meets the definition of "valuable metal dealer" set forth in
         IC 25-37.5-1-1(b); or
      (3) who:
         (A) is not required to submit a recycling activity report under
         section 9 of this chapter; but
         (B) took action during a calendar year to recover, from the
         solid waste stream, for purposes of:
            (i) use or reuse;
            (ii) conversion into raw materials; or
            (iii) use in the production of new products;
         materials that were not municipal waste;
may voluntarily submit a recycling activity report to the commissioner
concerning the person's recycling activity during the calendar year.
   (b) The commissioner may include information reported to the
commissioner under this section in the annual reports that the
commissioner is required to submit under IC 4-23-5.5-6.
   SECTION 93. IC 14-19-3-1, AS AMENDED BY SEA 15-2026,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. (a) The department may not charge a price of
admission to:
      (1) inpatients of state or federally owned or operated hospitals or
      institutions and their supervisors;
      (2) foster families who reside together in the same foster family
      home licensed under IC 31-27-4;
      (3) individuals who meet the definition of foster youth set forth in
      IC 31-9-2-47.3(a); IC 31-9-2.1-110(b); or
      (4) a Gold Star family member who displays:
         (A) an Indiana Gold Star family member license plate under
         IC 9-18.5-33; or
         (B) a free annual pass;
for the use of any property owned or managed by the department for
purposes of this article.
   (b) If necessary, the department may adopt rules concerning the
appropriate form of identification or documentation required for
admission to a location described in subsection (a).
   SECTION 94. IC 14-22-11-8, AS AMENDED BY P.L.155-2015,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 8. (a) This section does not apply to the following:
      (1) A person who is:
         (A) a resident of Indiana; and
         (B) an individual born before April 1, 1943.
      (2) A person who is less than eighteen (18) years of age.
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      (3) A person who is legally blind.
      (4) A person who is a resident patient of a state mental institution.
      (5) A person who is:
         (A) a resident of a health facility (as defined in
         IC 16-18-2-167) licensed in Indiana; and
         (B) taking part in a supervised activity of the health facility.
      (6) A person who:
         (A) is a resident of Indiana; and
         (B) has a developmental disability (as defined by
         IC 12-7-2-61). in IC 12-7-2.1-118).
      (7) A person whose only participation in fishing is to assist an
      individual described in subdivision (3), (4), (5), or (6).
      (8) A resident of Indiana who fishes during a free sport fishing
      day designated under IC 14-22-18.
   (b) Every person must have a fishing license in the person's
possession when fishing in:
      (1) waters containing state owned fish;
      (2) waters of the state; or
      (3) boundary waters of the state.
   (c) Every person must have a valid electronically generated
trout-salmon stamp in the person's possession to legally fish for or take
trout or salmon in:
      (1) waters containing state owned fish;
      (2) waters of the state; or
      (3) boundary waters of the state.
   SECTION 95. IC 14-22-12-1.8, AS AMENDED BY P.L.233-2015,
SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1.8. (a) As used in this section, "individual with
special circumstances" means an individual who:
      (1) has a developmental disability (as defined by IC 12-7-2-61);
      in IC 12-7-2.1-118);
      (2) is determined to be a student with a disability (as defined in
      IC 20-35-1-8); or
      (3) has a permanent disability as determined by rules adopted by
      the department.
   (b) As used in this section, "special circumstances hunter" means an
individual with special circumstances who hunts under a special
circumstances hunting safety card issued under this section.
   (c) As used in this section, "special circumstances hunting safety
card" refers to the card issued to a special circumstances hunter.
   (d) The department may issue a special circumstances hunting
safety card to a resident or nonresident who qualifies under the rules
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adopted by the department as authorized under this section.
   (e) The commission shall establish the criteria for determining
qualifications for a special circumstances hunting safety card.
   (f) A special circumstances hunter may hunt in Indiana if the special
circumstances hunter attends the course of instruction in hunter
education offered by the department or the department's agent under
IC 14-22-35.
   (g) A special circumstances hunter must:
      (1) comply with the requirements under this article, including
      obtaining a valid hunting license issued under IC 14-22-11, and
      the rules adopted by the department; and
      (2) while hunting, be accompanied by an individual who:
         (A) is at least eighteen (18) years of age; and
         (B) holds a valid hunting license issued under IC 14-22-11.
   (h) An individual described in subsection (g)(2) who accompanies
a special circumstances hunter:
      (1) must be in close enough proximity to monitor the special
      circumstances hunter's activities and communicate with the
      special circumstances hunter at all times; and
      (2) may not accompany more than two (2) holders of a special
      circumstances hunting safety card at one (1) time.
   (i) The department shall adopt rules under IC 4-22-2 to carry out
this section.
   SECTION 96. IC 16-18-2-167, AS AMENDED BY P.L.117-2015,
SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 167. (a) "Health facility":
      (1) except for purposes of IC 16-28-15, means a building, a
      structure, an institution, or other place for the reception,
      accommodation, board, care, or treatment extending beyond a
      continuous twenty-four (24) hour period in a week of more than
      four (4) individuals who need or desire such services because of
      physical or mental illness, infirmity, or impairment; and
      (2) for purposes of IC 16-28-15, has the meaning set forth in
      IC 16-28-15-3.
   (b) The term does not include the premises used for the reception,
accommodation, board, care, or treatment in a household or family, for
compensation, of a person related by blood to the head of the
household or family (or to the spouse of the head of the household or
family) within the degree of consanguinity of first cousins.
   (c) The term does not include any of the following:
      (1) Hotels, motels, or mobile homes when used as such.
      (2) Hospitals or mental hospitals, except for that part of a hospital
SEA 80 — CC 1
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      that provides long term care services and functions as a health
      facility, in which case that part of the hospital is licensed under
      IC 16-21-2, but in all other respects is subject to IC 16-28.
      (3) Hospices that furnish inpatient care and are licensed under
      IC 16-25-3.
      (4) Institutions operated by the federal government.
      (5) Foster family homes or day care centers.
      (6) Schools for individuals who are deaf or blind.
      (7) Day schools for individuals with an intellectual disability.
      (8) Day care centers.
      (9) Children's homes and child placement agencies.
      (10) Offices of practitioners of the healing arts.
      (11) Any institution in which health care services and private duty
      nursing services are provided that is listed and certified by the
      Commission for Accreditation of Christian Science Nursing
      Organizations/Facilities, Inc.
      (12) Industrial clinics providing only emergency medical services
      or first aid for employees.
      (13) A residential facility (as defined in IC 12-7-2-165).
      IC 12-7-2.1-292).
      (14) Maternity homes.
      (15) Offices of Christian Science practitioners.
    SECTION 97. IC 16-18-2-179, AS AMENDED BY HEA
1358-2026, SECTION 5, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 179. (a) "Hospital", except as
provided in subsections (b) through (h), means a hospital that is
licensed under IC 16-21-2.
    (b) "Hospital", for purposes of IC 16-21, means an institution, a
place, a building, or an agency that holds out to the general public that
it is operated for hospital purposes and that it provides care,
accommodations, facilities, and equipment, in connection with the
services of a physician, to individuals who may need medical or
surgical services. The term does not include the following:
      (1) Freestanding health facilities.
      (2) Hospitals or institutions specifically intended to diagnose,
      care, and treat the following:
          (A) Individuals with a mental illness (as defined in
          IC 12-7-2-117.6). IC 12-7-2.1-197).
          (B) Individuals with developmental disabilities (as defined in
          IC 12-7-2-61). IC 12-7-2.1-118).
      (3) Offices of physicians where patients are not regularly kept as
      bed patients.
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       (4) Convalescent homes, boarding homes, or homes for the aged.
       (5) Rural emergency hospitals.
    (c) "Hospital", for purposes of IC 16-22-8, has the meaning set forth
in IC 16-22-8-5.
    (d) "Hospital", for purposes of IC 16-23.5, has the meaning set forth
in IC 16-23.5-1-9.
    (e) "Hospital" or "tuberculosis hospital", for purposes of IC 16-24,
means an institution or a facility for the treatment of individuals with
tuberculosis.
    (f) "Hospital", for purposes of IC 16-34, means a hospital (as
defined in subsection (b)) that:
       (1) is required to be licensed under IC 16-21-2; or
       (2) is operated by an agency of the United States.
    (g) "Hospital", for purposes of IC 16-38-7, means an institution, a
place, a building, or an agency that holds out to the general public that
it is operated for hospital purposes and that it provides care,
accommodations, facilities, and equipment, in connection with the
services of a physician, to individuals who may need medical or
surgical services. The term does not include the following:
       (1) Freestanding health facilities.
       (2) Long term acute care hospitals.
       (3) Hospitals that do not provide emergency services.
       (4) Hospitals or institutions specifically intended to diagnose,
       care, and treat the following:
          (A) Individuals with a mental illness.
          (B) Individuals with developmental disabilities.
       (5) Offices of physicians where patients are not regularly kept as
       bed patients.
       (6) Convalescent homes, boarding homes, or homes for the aged.
       (7) Rehabilitation facilities.
    (h) "Hospital", for purposes of IC 16-41-12, has the meaning set
forth in IC 16-41-12-6.
    SECTION 98. IC 16-18-2-224.1, AS ADDED BY P.L.203-2017,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 224.1. "Medication assisted treatment" has the
meaning set forth in IC 12-7-2-128.7. IC 12-7-2.1-223.
    SECTION 99. IC 16-18-2-225.6, AS ADDED BY P.L.210-2025,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 225.6. "Mental health facility", for purposes of
IC 16-31, means the following:
       (1) A certified community behavioral health clinic (as defined in
       IC 12-15-1.3-25(a)).
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      (2) A community mental health center (as defined in
      IC 12-7-2-38) IC 12-7-2.1-78) certified under
      IC 12-21-2-3(5)(C).
    SECTION 100. IC 16-18-2-344, AS AMENDED BY P.L.10-2019,
SECTION 68, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 344. "Superintendent", for purposes of IC 16-36-3,
has the meaning set forth in IC 12-7-2-188(3). IC 12-7-2.1-323(3).
    SECTION 101. IC 16-21-14-1, AS ADDED BY P.L.133-2019,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. (a) This section and section 2 of this chapter do
not apply to the following:
      (1) A hospital that primarily provides inpatient and outpatient
      services to a pediatric population.
      (2) A psychiatric hospital (as defined in IC 12-7-2-151).
      IC 12-7-2.1-270).
    (b) Each hospital shall adopt, implement, and periodically update
evidence based sepsis guidelines for the early recognition and
treatment of patients with sepsis, severe sepsis, or septic shock that are
based on generally accepted guidelines. The sepsis guidelines must
include components specific to the identification, care, and treatment
of adults.
    SECTION 102. IC 16-32-4-2, AS ADDED BY P.L.56-2016,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. As used in this chapter, "developmental
disability" has the meaning set forth in IC 12-7-2-61. IC 12-7-2.1-118.
    SECTION 103. IC 16-33-4-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 5. The Indiana Soldiers'
and Sailors' Children's Home is established as a state residential school
and home for the care of Indiana children who are in need of residential
care and would qualify for educational service. Preference shall be
given to the admission of children of members of the armed forces and
children of families of veterans who meet these admission criteria. A
child who requires residential placement in a secure facility (as defined
in IC 31-9-2-114), IC 31-9-2.1-222), a juvenile detention facility, or a
detention center for the safety of the child or others may not be placed
at the home.
    SECTION 104. IC 16-35-2-10, AS AMENDED BY P.L.99-2007,
SECTION 159, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 10. (a) An individual who:
      (1) has autism (as defined in IC 12-7-2-19(b));
      IC 12-7-2.1-33(b)); and
      (2) is less than twenty-one (21) years of age;
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has an eligible medical condition under this chapter.
    (b) The state department shall extend all care, services, and
materials provided under this chapter to an individual described in
subsection (a) who meets any additional eligibility criteria established
by the state department under this chapter.
    SECTION 105. IC 16-36-1.5-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 6. In order to comply
with this chapter, a mental health provider needs to obtain only one (1)
consent for mental health services for a patient while admitted in or
treated as an outpatient at the main facility or a clinic of any of the
following:
      (1) A psychiatric hospital (as defined in IC 12-7-2-151).
      IC 12-7-2.1-270).
      (2) A hospital (as defined in IC 16-18-2-179(b)).
      (3) A community mental health center (as defined in
      IC 12-7-2-38). IC 12-7-2.1-78).
    SECTION 106. IC 16-36-3-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 1. As used in this
chapter, "appropriate facility" has the meaning set forth in
IC 12-7-2-82(3). IC 12-7-2.1-149(3).
    SECTION 107. IC 16-36-3-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 2. As used in this
chapter, "superintendent" has the meaning set forth in
IC 12-7-2-188(3). IC 12-7-2.1-323(3).
    SECTION 108. IC 16-37-2-2, AS AMENDED BY P.L.138-2019,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. (a) A person in attendance at a live birth shall
do the following:
      (1) File with the local health officer the following:
          (A) A certificate of birth.
          (B) Any paternity affidavit executed under section 2.1(c)(1) of
          this chapter.
      Except as provided in IC 16-37-1-3.1(f), the person in attendance
      at a live birth shall use the Indiana birth registration system
      established under IC 16-37-1-3.1 to electronically file a birth
      certificate or paternity affidavit under this subdivision.
      (2) Advise the mother of a child born out of wedlock of:
          (A) the availability of paternity affidavits under section 2.1 of
          this chapter; and
          (B) the existence of the putative father registry established by
          IC 31-19-5-2.
    (b) If there was no person in attendance at the birth, one (1) of the
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parents shall file with the local health officer the following:
       (1) A certificate of birth.
       (2) Any paternity affidavit executed under section 2.1 of this
       chapter.
    (c) If:
       (1) no person was in attendance at the birth and neither parent is
       able to prepare the certificate; or
       (2) the local health officer does not receive a certificate of birth;
the local health officer shall prepare a certificate of birth from
information secured from any person who has knowledge of the birth.
    (d) A local health department shall inform the Title IV-D agency (as
defined in IC 31-9-2-130) IC 31-9-2.1-244) regarding each paternity
affidavit executed under section 2.1 of this chapter that the local health
department receives under this section.
    (e) A paternity affidavit executed under section 2.1(c)(1) of this
chapter shall be filed with the local health officer not more than five (5)
days after the child's birth.
    (f) An attorney or agency that arranges an adoption may at any time
request that the state department search its records to determine
whether a man executed a paternity affidavit under section 2.1 of this
chapter in relation to a child who is or may be the subject of an
adoption that the attorney or agency is arranging.
    (g) Not more than ten (10) days after receiving a request from an
attorney or agency under subsection (f), the state department shall
submit an affidavit to the attorney or agency verifying whether a
paternity affidavit has been filed under this section. If a paternity
affidavit has been filed regarding a child who is the subject of a request
under subsection (f), the state department shall release a copy of the
paternity affidavit to the requesting attorney or agency.
    SECTION 109. IC 16-39-2-6, AS AMENDED BY SEA 222-2026,
SECTION 94, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 6. (a) Without the consent of the patient, the
patient's mental health record may only be disclosed as follows:
       (1) To individuals who meet the following conditions:
          (A) Are employed by:
             (i) the provider at the same facility or agency;
             (ii) a managed care provider (as defined in IC 12-7-2-127);
             IC 12-7-2.1-219); or
             (iii) a health care provider or mental health care provider, if
             the mental health records are needed to provide health care
             or mental health services to the patient.
          (B) Are involved in the planning, provision, and monitoring of
SEA 80 — CC 1
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       services.
   (2) To the extent necessary to obtain payment for services
   rendered or other benefits to which the patient may be entitled, as
   provided in IC 16-39-5-3.
   (3) To the patient's court appointed counsel and to the Indiana
   protection and advocacy services commission.
   (4) For research conducted in accordance with IC 16-39-5-3 and
   the rules of the division of mental health and addiction, the rules
   of the division of disability, aging, and rehabilitative services, the
   rules of the provider, or the rules of the Indiana archives and
   records administration and the oversight committee on public
   records.
   (5) To the division of mental health and addiction for the purpose
   of data collection, research, and monitoring managed care
   providers (as defined in IC 12-7-2-127) IC 12-7-2.1-219) who are
   operating under a contract with the division of mental health and
   addiction.
   (6) To the extent necessary to make reports or give testimony
   required by the statutes pertaining to admissions, transfers,
   discharges, and guardianship proceedings.
   (7) To a law enforcement agency if any of the following
   conditions are met:
       (A) A patient escapes from a facility to which the patient is
       committed under IC 12-26.
       (B) The superintendent of the facility determines that failure
       to provide the information may result in bodily harm to the
       patient or another individual.
       (C) A patient commits or threatens to commit a crime on
       facility premises or against facility personnel.
       (D) A patient is in the custody of a law enforcement officer or
       agency for any reason and:
         (i) the information to be released is limited to medications
         currently prescribed for the patient or to the patient's history
         of adverse medication reactions; and
         (ii) the provider determines that the release of the
         medication information will assist in protecting the health,
         safety, or welfare of the patient.
       Mental health records released under this clause must be
       maintained in confidence by the law enforcement agency
       receiving them.
   (8) To a coroner or medical examiner, in the performance of the
   individual's duties.
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   (9) To a school in which the patient is enrolled if the
   superintendent of the facility determines that the information will
   assist the school in meeting educational needs of the patient.
   (10) To the extent necessary to satisfy reporting requirements
   under the following statutes:
      (A) IC 12-10-3-10.
      (B) IC 12-24-17-5.
      (C) IC 16-41-2-3.
      (D) IC 16-49-3-3.
      (E) IC 16-49-4-5.
      (F) IC 16-49-6-6.
      (G) IC 16-49.5-2-6.
      (H) IC 16-50-1-8.
      (I) IC 31-25-3-2.
      (J) IC 31-33-5-4.
      (K) IC 34-30-16-2.
      (L) IC 35-46-1-13.
   (11) To the extent necessary to satisfy release of information
   requirements under the following statutes:
      (A) IC 12-24-11-2.
      (B) IC 12-24-12-3, IC 12-24-12-4, and IC 12-24-12-6.
      (C) IC 12-26-11.
   (12) To another health care provider in a health care emergency.
   (13) For legitimate business purposes as described in
   IC 16-39-5-3.
   (14) Under a court order under IC 16-39-3.
   (15) With respect to records from a mental health or
   developmental disability facility, to the United States Secret
   Service if the following conditions are met:
      (A) The request does not apply to alcohol or drug abuse
      records described in 42 U.S.C. 290dd-2 unless authorized by
      a court order under 42 U.S.C. 290dd-2(b)(2)(c).
      (B) The request relates to the United States Secret Service's
      protective responsibility and investigative authority under 18
      U.S.C. 3056, 18 U.S.C. 871, or 18 U.S.C. 879.
      (C) The request specifies an individual patient.
      (D) The director or superintendent of the facility determines
      that disclosure of the mental health record may be necessary
      to protect a person under the protection of the United States
      Secret Service from serious bodily injury or death.
      (E) The United States Secret Service agrees to only use the
      mental health record information for investigative purposes
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          and not disclose the information publicly.
          (F) The mental health record information disclosed to the
          United States Secret Service includes only:
             (i) the patient's name, age, and address;
             (ii) the date of the patient's admission to or discharge from
             the facility; and
             (iii) any information that indicates whether or not the patient
             has a history of violence or presents a danger to the person
             under protection.
      (16) To the statewide bureau of disabilities services ombudsman
      established under IC 12-11-13, in the performance of the
      ombudsman's duties.
    (b) If a licensed mental health professional, a licensed paramedic,
a representative of a mobile integrated healthcare program (as
described in IC 16-31-12), or a representative of a mental health
community paramedicine program in the course of rendering a
treatment intervention, determines that a patient may be a harm to
himself or herself or others, the licensed mental health professional, the
licensed paramedic, the representative of the mobile integrated
healthcare program (as described in IC 16-31-12), or the representative
of the mental health community paramedicine program may request a
patient's individualized mental health safety plan from a psychiatric
crisis center, psychiatric inpatient unit, or psychiatric residential
treatment provider. Each psychiatric crisis center, psychiatric inpatient
unit, and psychiatric residential treatment provider shall, upon request
and without the consent of the patient, share a patient's individualized
mental health safety plan that is in the standard format established by
the division of mental health and addiction under IC 12-21-5-6 with the
following individuals who demonstrate proof of licensure and commit
to protecting the information in compliance with state and federal
privacy laws:
      (1) A licensed mental health professional.
      (2) A licensed paramedic.
      (3) A representative of a mobile integrated healthcare program (as
      described in IC 16-31-12).
      (4) A representative of a mental health community paramedicine
      program.
An individualized mental health safety plan disclosed under this
subsection may be used only to support a patient's welfare and safety
and is considered otherwise confidential information under applicable
state and federal laws.
    (c) After information is disclosed under subsection (a)(15) and if the
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patient is evaluated to be dangerous, the records shall be interpreted in
consultation with a licensed mental health professional on the staff of
the United States Secret Service.
   (d) A person who discloses information under subsection (a)(7),
(a)(15), or (b) in good faith is immune from civil and criminal liability.
   SECTION 110. IC 16-39-11-4.5, AS ADDED BY P.L.1-2022,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 4.5. (a) As used in this chapter, "Indiana
governmental entity" means:
      (1) the state (as defined in IC 5-11-1-16(b));
      (2) a state educational institution (as defined in IC 21-7-13-32);
      (3) a political subdivision (as defined in IC 36-1-2-13); or
      (4) a public school corporation (as defined in IC 4-4-38.5-6.2).
   (b) The term does not include the following:
      (1) A state institution (as defined in IC 12-7-2-184).
      IC 12-7-2.1-318).
      (2) A hospital organized or operated under IC 16-22-1 through
      IC 16-22-5, IC 16-22-8, or IC 16-23-1.
   SECTION 111. IC 16-41-21.2-2, AS ADDED BY P.L.125-2023,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. As used in this chapter, "child care facility"
means any of the following:
      (1) A child care center (as defined in IC 12-7-2-28.4).
      IC 12-7-2.1-55).
      (2) A child care home (as defined in IC 12-7-2-28.6).
      IC 12-7-2.1-57).
   SECTION 112. IC 16-41-21.2-3, AS ADDED BY P.L.125-2023,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3. As used in this chapter, "preschool" has the
meaning set forth in IC 12-7-2-143.5. IC 12-7-2.1-258.
   SECTION 113. IC 16-41-40-5, AS AMENDED BY P.L.145-2006,
SECTION 145, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 5. (a) A program established under
this chapter must include the distribution of readily understandable
information and instructional materials regarding childhood hazards.
Information concerning shaken baby syndrome, must explain its
medical effects on infants and children and emphasize preventive
measures.
   (b) The information and instructional materials described in
subsection (a) concerning shaken baby syndrome must be provided
without cost by the following:
      (1) Each hospital licensed under IC 16-21, to a parent or guardian
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      of each newborn upon discharge from the hospital.
      (2) The department of child services to each provider (as defined
      in IC 12-7-2-149.1 IC 12-7-2.1-267 or IC 31-9-2-99.3)
      IC 31-9-2.1-193) when:
          (A) the provider applies for a license from the division or the
          department of child services under IC 12-17.2 or IC 31-27; or
          (B) the division or the department of child services inspects a
          facility operated by a provider.
   SECTION 114. IC 16-42-5.2-3, AS AMENDED BY P.L.139-2005,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3. This chapter does not apply to the following:
      (1) Hospitals licensed under IC 16-21.
      (2) Health facilities licensed under IC 16-28.
      (3) Housing with services establishments that are required to file
      disclosure statements under IC 12-10-15.
      (4) Continuing care retirement communities required to file
      disclosure statements under IC 23-2-4.
      (5) Community mental health centers (as defined in
      IC 12-7-2-38). IC 12-7-2.1-78).
      (6) Private mental health institutions licensed under IC 12-25.
      (7) An area agency on aging designated under IC 12-10-1 that
      provides food under a nutrition service program. However, the
      premises where the food is prepared is not exempt from the
      requirements under this chapter.
      (8) A food pantry that:
          (A) is operated or affiliated with a nonprofit organization that
          is exempt from federal income taxation under Section
          501(c)(3) of the Internal Revenue Code; and
          (B) distributes food, which may include food from the United
          States Department of Agriculture, to needy persons.
      However, a food bank or other facility that distributes donated
      food to other organizations is not exempt from the requirements
      of this chapter.
   SECTION 115. IC 20-18-2-9, AS AMENDED BY P.L.99-2007,
SECTION 161, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 9. "Individualized education
program" means a written statement developed for a child by a group
that includes:
      (1) a representative of the school corporation or public agency
      responsible for educating the child;
      (2) the child's teacher;
      (3) the child's parent, guardian, or custodian;
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      (4) if appropriate, the child; and
      (5) if the provision of services for a child with a serious emotional
      disability is considered, a mental health professional provided by:
          (A) the community mental health center (as described in
          IC 12-29); or
          (B) a managed care provider (as defined in IC 12-7-2-127(b));
          IC 12-7-2.1-267(5));
      serving the community in which the child resides;
and that describes the special education to be provided to the child.
   SECTION 116. IC 20-19-3-17, AS AMENDED BY P.L.214-2025,
SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 17. (a) As used in this section, "foster care" has
the meaning set forth in IC 31-9-2-46.7. IC 31-9-2.1-107.
   (b) As used in this section, "foster care youth" means students in
foster care.
   (c) As used in this section, "graduation rate" has the meaning set
forth in IC 20-26-13-6.
   (d) The state board shall, in collaboration with the department and
the department of child services, annually prepare a report on foster
care youth educational outcomes that includes the following:
      (1) The annual graduation rate of foster care youth, including the
      following information:
          (A) The graduation rate for each of the following:
             (i) Foster care youth who received a waiver from
             postsecondary readiness competency requirements under
             IC 20-32-4-4.1.
             (ii) Foster care youth who did not receive a waiver from
             postsecondary readiness competency requirements under
             IC 20-32-4-4.1.
          (B) The number and percentage of foster care youth who
          received each type of diploma.
      (2) The adjusted cohort graduation rate for foster care youth,
      including the adjusted cohort graduation rate for each of the
      following:
          (A) Foster care youth who received a waiver from
          postsecondary readiness competency requirements under
          IC 20-32-4-4.1.
          (B) Foster care youth who did not receive a waiver from
          postsecondary readiness competency requirements under
          IC 20-32-4-4.1.
      (3) The number and percentage for each of the following:
          (A) Foster care youth who were promoted to the next grade
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          level at the end of the school year.
          (B) Foster care youth who were retained in the same grade
          level for the next school year.
          (C) Foster care youth who were suspended during the school
          year.
          (D) Foster care youth who were expelled during the school
          year.
          (E) Foster care youth who met academic standards on
          statewide assessment program tests (as defined in
          IC 20-32-2-2.3) administered during the school year.
      The information reported under this subdivision must also be
      disaggregated by race, grade, gender, free or reduced price lunch
      status, and eligibility for special education.
      (4) The number and percentage of eligible foster care youth who
      are enrolled in the prekindergarten program under IC 12-17.2-7.2.
      (5) The number and percentage of foster care youth who passed
      the reading skills evaluation administered under IC 20-32-8.5-2.
      (6) The number and percentage of foster care youth enrolled in
      schools, disaggregated by the category or designation of the
      school under IC 20-31-8-3.
      (7) The number and percentage of foster care youth enrolled in
      schools, disaggregated by the type of school, including public
      schools, charter schools, and secure private facilities (as defined
      in IC 31-9-2-115). IC 31-9-2.1-223).
   (e) Not later than April 1 of each year, the department shall submit
the report described in subsection (d) to the following:
      (1) Department of child services.
      (2) Legislative council in an electronic format under IC 5-14-6.
   SECTION 117. IC 20-19-3-18, AS AMENDED BY P.L.214-2025,
SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 18. (a) As used in this section, "graduation rate"
has the meaning set forth in IC 20-26-13-6.
   (b) The state board shall, in collaboration with the department and
the department of child services, annually prepare a report on homeless
youth educational outcomes that includes the following:
      (1) The annual graduation rate of homeless youth, including the
      following information:
          (A) The graduation rate for each of the following:
            (i) Homeless youth who received a waiver from
            postsecondary readiness competency requirements under
            IC 20-32-4-4.1.
            (ii) Homeless youth who did not receive a waiver from
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            postsecondary readiness competency requirements under
            IC 20-32-4-4.1.
          (B) The number and percentage of homeless youth who
          received each type of diploma.
      (2) The adjusted cohort graduation rate for homeless youth,
      including the adjusted cohort graduation rate for each of the
      following:
          (A) Homeless youth who received a waiver from
          postsecondary readiness competency requirements under
          IC 20-32-4-4.1.
          (B) Homeless youth who did not receive a waiver from
          postsecondary readiness competency requirements under
          IC 20-32-4-4.1.
      (3) The number and percentage of each of the following:
          (A) Homeless youth who were promoted to the next grade
          level at the end of the school year.
          (B) Homeless youth who were retained in the same grade level
          for the next school year.
          (C) Homeless youth who were suspended during the school
          year.
          (D) Homeless youth who were expelled during the school year.
          (E) Homeless youth who met academic standards on statewide
          assessment program tests (as defined in IC 20-32-2-2.3)
          administered during the school year.
      The information reported under this subdivision must also be
      disaggregated by race, grade, gender, free or reduced price lunch
      status, and eligibility for special education.
      (4) The number and percentage of eligible homeless youth who
      are enrolled in the prekindergarten program under IC 12-17.2-7.2.
      (5) The number and percentage of homeless youth who passed the
      reading skills evaluation administered under IC 20-32-8.5-2.
      (6) The number and percentage of homeless youth enrolled in
      schools, disaggregated by the category or designation of the
      school under IC 20-31-8-3.
      (7) The number and percentage of homeless youth enrolled in
      schools, disaggregated by the type of school, including public
      schools, charter schools, and secure private facilities (as defined
      in IC 31-9-2-115). IC 31-9-2.1-223).
   (c) Not later than June 1 of each year, the department shall submit
the report described in subsection (b) to the following:
      (1) The Indiana housing and community development authority.
      (2) The legislative council in an electronic format under
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      IC 5-14-6.
   SECTION 118. IC 20-26-11-11.5, AS AMENDED BY P.L.93-2024,
SECTION 140, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 11.5. (a) The following definitions
apply to this section:
      (1) "ADM" means average daily membership (as defined in
      IC 20-18-2-2).
      (2) "Facility" means a secure private facility described in
      IC 31-9-2-115(a)(1). IC 31-9-2.1-223(a)(1).
      (3) "School corporation" means the Indiana school or charter
      school that is receiving state tuition support for the student at the
      time of the student's admission to the facility.
      (4) "Student" means an individual who:
          (A) is more than five (5) years of age and less than
          twenty-three (23) years of age;
          (B) has been admitted to a facility; and
          (C) was enrolled in a school corporation during the school year
          immediately preceding the student's admission to the facility.
   (b) This section applies to a student if:
      (1) the student is placed in a facility under the written order of a
      physician licensed under IC 25-22.5;
      (2) the written order of the physician licensed under IC 25-22.5
      is based on medical necessity, as determined by a physician
      licensed under IC 25-22.5; and
      (3) the student receives educational services provided by the
      facility.
   (c) A facility shall provide written notice to the school corporation
not later than five (5) business days (excluding weekends and holidays)
after a student described in subsection (b) is admitted to the facility.
The written notice must include the following:
      (1) The student's name, address, and date of birth.
      (2) The date on which the student was admitted to the facility.
      (3) A copy of the physician's written order.
      (4) A statement that the student has opted out of attending school
      under section 8 of this chapter.
      (5) A statement that the facility will provide all educational
      services to the student during the student's admission in the
      facility.
   (d) The school corporation shall pay the facility a daily per diem as
determined under subsection (e) for the educational services provided
by the facility to the student during the student's admission in the
facility. The school corporation may not be required to pay for any
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educational services provided to the student by the facility exceeding
one hundred eighty (180) instructional days or an amount exceeding
the student's proportionate share of state distributions paid to the school
corporation, as determined under subsection (e).
   (e) A school corporation shall pay to the facility an amount, prorated
according to the number of instructional days for which the student
receives the educational services, equal to:
      (1) the student's proportionate share (as compared to the school
      corporation's total ADM) of basic tuition support (as determined
      under IC 20-43-6-3) distributions that are made to the school
      corporation for the school year; and
      (2) any special education grants received by the school
      corporation for the student under IC 20-43-7.
Upon request of a facility, the department shall verify the amounts
described in this subsection for a student admitted to the facility.
   (f) A school corporation responsible for making a per diem payment
under this section shall pay the facility not later than sixty (60) days
after receiving an invoice from the facility. The school corporation and
the facility are entitled to the same remedies for disagreements over
amounts or nonpayment of an amount due as are provided under the
laws governing transfer tuition.
   (g) For each student admitted to a facility, the facility shall provide
the following in accordance with rules adopted by the state board:
      (1) An educational opportunity, including special education and
      related services, that is comparable to that of a student attending
      a school in the school corporation.
      (2) A level of educational services from the facility that is
      comparable to that of a student attending a school in the school
      corporation.
      (3) Unless otherwise provided in a student's individualized
      education program (as defined in IC 20-18-2-9), educational
      services that include at least the following:
         (A) An instructional day that meets the requirements of
         IC 20-30-2-2.
         (B) A school year with at least one hundred eighty (180)
         student instructional days as provided under IC 20-30-2-3.
         (C) Educationally appropriate textbooks and other materials.
         (D) Educational services provided by licensed teachers.
   (h) The state board shall adopt a rule under IC 4-22-2 that addresses
the responsibilities of the school corporation and the facility with
regard to a student with an individualized education program.
   (i) This section does not limit a student's right to attend a school as
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provided in section 8 of this chapter.
   (j) The state board shall adopt rules under IC 4-22-2 as necessary to
implement this section.
   SECTION 119. IC 20-27-9-7, AS AMENDED BY P.L.2-2017,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 7. (a) As used in this section, "developmental
disability" has the meaning set forth in IC 12-7-2-61. IC 12-7-2.1-118.
   (b) A special education cooperative operating under IC 36-1-7,
IC 20-35-5, or IC 20-26-10 or a school corporation may enter into an
agreement with an agency or organization serving persons with a
developmental disability in which a school bus or special purpose bus
used by the special education cooperative or school corporation may be
used to transport persons with a developmental disability who are at
least two (2) years of age to and from programs for persons with a
developmental disability.
   (c) An increased cost of transportation for persons with a
developmental disability shall be borne by the persons transported or
the agency or organization serving persons with a developmental
disability. However, a person with a developmental disability may not
be required to pay for transportation provided under this section if the
required payment is contrary to law.
   SECTION 120. IC 20-27-12-0.3, AS ADDED BY P.L.167-2018,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 0.3. As used in this chapter, "foster care" has the
meaning set forth in IC 31-9-2-46.7. IC 31-9-2.1-107.
   SECTION 121. IC 20-33-2.5-4, AS ADDED BY P.L.125-2024,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 4. Each governing authority shall adopt a truancy
prevention policy regarding absent students that includes the following:
      (1) A school shall immediately provide written notification to the
      parent of an absent student that includes the following
      information:
         (A) That the student is an absent student based on the student's
         school attendance.
         (B) That the parent is responsible for:
            (i) monitoring the absent student's school attendance; and
            (ii) ensuring the absent student attends school in accordance
            with compulsory attendance laws.
         (C) That the school will be initiating truancy prevention
         measures regarding the absent student.
         (D) That the parent is required to attend an attendance
         conference regarding the truancy prevention measures that the
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      school will be implementing for the absent student.
      (E) That, if the student meets the requirements of a habitual
      truant, the:
         (i) superintendent or attendance officer of the school is
         required to report the student to an intake officer of the
         juvenile court or the department of child services in
         accordance with IC 20-33-2-25;
         (ii) juvenile court may determine that the student is
         committing a delinquent act as provided under IC 31-37-2-3;
         and
         (iii) parent of the student may be subject to prosecution
         under IC 35-46-1-4.
   (2) Except as provided under section 5 of this chapter, a school
   shall hold an attendance conference with at least the following
   individuals to discuss the student's absences and establish a plan
   for the student to prevent future absences:
      (A) A representative of the school.
      (B) A teacher of the student.
      (C) The student's parent.
      (D) A representative chosen by the student's parent who may
      provide insight into the student's absenteeism if the student's
      parent:
         (i) makes a request to the school that the representative
         attend; and
         (ii) provides notice to the school regarding the identification
         of the representative;
      at least forty-eight (48) hours before the attendance
      conference.
   (3) A school shall establish a plan under subdivision (2) that may
   include the following:
      (A) Any wraparound services that are able to be provided to
      the absent student to ensure the absent student attends school.
      (B) A specific description of the behavior that is required or
      prohibited for the absent student.
      (C) The period for which the plan will be effective, not to
      exceed forty-five (45) instructional days after the date the plan
      is established.
      (D) Any additional disciplinary action the school will take if
      the absent student does not comply with the plan.
      (E) If applicable, a referral to counseling, mentoring, or other
      services for the student.
      (F) If applicable, whether a parent is expected to attend the
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          counseling, mentoring, or other services under clause (E) with
          the student.
          (G) To the extent possible, the signature of the parent of the
          student agreeing to comply with the plan.
      (4) A school shall offer additional counseling or services to an
      absent student if the school determines that the student's absences
      are related to any of the following:
          (A) The student's pregnancy.
          (B) That the student is in foster care (as defined in
          IC 31-9-2-46.7). IC 31-9-2.1-107).
          (C) That the student is homeless.
          (D) That the student has a severe or life threatening illness or
          related treatment.
    SECTION 122. IC 20-35-6-2, AS AMENDED BY P.L.245-2023,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. (a) The secretary of education may contract
with in-state or out-of-state public and private schools, state agencies,
or child caring institutions (as defined in IC 12-7-2-29(1))
IC 12-7-2.1-60(1)) to pay, with any funds appropriated for this
purpose, the excess costs of educating children of school age:
      (1) who have been identified as eligible for special education
      services; and
      (2) whose disability is of such intensity as to preclude
      achievement in the existing local public school setting.
The state shall pay the costs of the services that exceed the amount a
school corporation is required to pay, as determined by the department
under subsection (b).
    (b) The department shall determine the amount a school corporation
must pay before the state will pay excess costs described in subsection
(a). At a minimum, school corporations shall pay their share of the total
tuition costs for children with disabilities served under this section.
    (c) The state board shall adopt rules under IC 4-22-2 necessary to
implement this section.
    (d) Money appropriated for the purposes of this section does not
revert to the state general fund.
    SECTION 123. IC 20-50-3-1.1, AS ADDED BY P.L.46-2016,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1.1. As used in this chapter, "foster care" has the
meaning set forth in IC 31-9-2-46.7. IC 31-9-2.1-107.
    SECTION 124. IC 20-51.4-5.5-4, AS AMENDED BY
P.L.213-2025, SECTION 237, IS REPEALED [EFFECTIVE JULY 1,
2026]. Sec. 4. (a) If it is reasonably expected by the department that a
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                                  159
CSA participating entity will receive, from payments made under the
CSA program, more than one hundred thousand dollars ($100,000)
during a particular school year, the CSA participating entity shall, on
or before a date prescribed by the department, provide the department
evidence, in a manner prescribed by the department, indicating that the
CSA participating entity has unencumbered assets sufficient to pay the
department an amount equal to the amount expected to be paid to the
CSA participating entity under the CSA program during the particular
school year.
   (b) Each CSA participating entity that accepts payments made from
a CSA account under this article shall provide a receipt to the parent of
a career scholarship student or to the emancipated career scholarship
student for each payment made.
   SECTION 125. IC 21-12-6-5, AS AMENDED BY P.L.186-2025,
SECTION 118, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 5. (a) Unless a student qualifies
under subsection (b), to qualify to participate in the program, a student
must meet the following requirements:
     (1) Be a resident of Indiana.
     (2) Be:
         (A) enrolled in grade 7 or 8 at a:
           (i) public school; or
           (ii) nonpublic school that is accredited either by the Indiana
           state board of education or by a national or regional
           accrediting agency whose accreditation is accepted as a
           school improvement plan under IC 20-31-4.1-2; or
         (B) otherwise qualified under the rules of the commission that
         are adopted under IC 21-18.5-4-9(2) to include students who
         are in grades other than grade 8 as eligible students.
     (3) Be a member of a household with an annual income of not
     more than the amount required for the individual to qualify for
     free or reduced price lunches under the national school lunch
     program, as determined for the immediately preceding taxable
     year for the household for which the student was claimed as a
     dependent.
     (4) Agree that the student will:
         (A) graduate from a secondary school located in Indiana that
         meets the admission criteria of an eligible institution;
         (B) not illegally use controlled substances (as defined in
         IC 35-48-1.1-7);
         (C) not commit a crime or an infraction described in
         IC 9-30-5;
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         (D) not commit any other crime or delinquent act (as described
         in IC 31-37-1-2 or IC 31-37-2-2 through IC 31-37-2-5 (or
         IC 31-6-4-1(a)(1) through IC 31-6-4-1(a)(5) before their
         repeal));
         (E) timely apply, when the eligible student is a senior in high
         school:
            (i) for admission to an eligible institution; and
            (ii) for any federal and state student financial assistance
            available to the eligible student to attend an eligible
            institution;
         (F) achieve a cumulative grade point average upon graduation
         of:
            (i) at least 2.0, if the student graduates from high school
            before July 1, 2014; and
            (ii) at least 2.5, if the student graduates from high school
            after June 30, 2014;
         on a 4.0 grading scale (or its equivalent if another grading
         scale is used) for courses taken during grades 9, 10, 11, and
         12; and
         (G) complete an academic success program required under the
         rules adopted by the commission, if the student initially enrolls
         in high school after June 30, 2013.
    (b) A student qualifies to participate in the program if the student:
      (1) before or during grade 7 or grade 8, is placed by or with the
      consent of the department of child services, by a court order, or by
      a child placing agency in:
         (A) a foster family home;
         (B) the home of a relative or other unlicensed caretaker;
         (C) a child caring institution; or
         (D) a group home;
      (2) meets the requirements in subsection (a)(1) through (a)(2);
      and
      (3) agrees in writing, together with the student's caseworker (as
      defined in IC 31-9-2-11) IC 31-9-2.1-29) or legal guardian, to the
      conditions set forth in subsection (a)(4).
    (c) The commission may require that an applicant apply
electronically to participate in the program using an online Internet
application on the commission's website.
    SECTION 126. IC 21-12-6-14, AS AMENDED BY P.L.107-2012,
SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 14. (a) This section applies to a student described
in section 5(b) of this chapter.
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    (b) A caseworker (as defined in IC 31-9-2-11) IC 31-9-2.1-29) shall
provide each student to whom the caseworker is assigned information
concerning the program at the appropriate time for the student to
receive the information, shall explain the program to the student, and
shall provide the student with information concerning:
      (1) Pell grants;
      (2) Chafee grants;
      (3) federal supplemental grants;
      (4) the Free Application for Federal Student Aid;
      (5) individual development accounts (as described under
      IC 4-4-28); and
      (6) the commission for higher education's programs under
      IC 21-18.5-3-1.
    (c) A student who receives information under this section shall sign
a written acknowledgment that the student received the information.
The written acknowledgment must be placed in the student's case file.
    SECTION 127. IC 21-12-6-15, AS ADDED BY P.L.39-2010,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 15. A caseworker (as defined in IC 31-9-2-11)
IC 31-9-2.1-29) shall provide each foster parent of a student described
in section 5(b) of this chapter to whom the caseworker is assigned
information concerning individual development accounts (as described
under IC 4-4-28).
    SECTION 128. IC 21-18-20-5, AS AMENDED BY P.L.213-2025,
SECTION 250, IS REPEALED [EFFECTIVE JULY 1, 2026]. Sec. 5.
(a) The commission shall develop and implement a comprehensive
career navigation and coaching system for Indiana that does both of the
following:
      (1) Provides timely, comprehensive, relevant, and useful
      information on careers, including at least:
         (A) general and industry sector based regional, state, national,
         and global information to identify both immediate and
         potential career opportunities arising from:
            (i) current employer needs;
            (ii) developing or foreseeable talent needs and trends; and
            (iii) other factors identified by the commission;
         (B) state, regional, and local labor market supply and demand
         information from the department of workforce development,
         industry sectors, and other verifiable sources; and
         (C) educational requirements and attainment information from
         employers, the department of workforce development, and
         other verifiable sources.
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     (2) Establishes strategies and identifies capacity to deliver career
     navigation and coaching to kindergarten through grade 12
     students, including at least:
         (A) processes for identifying an individual's aptitude for and
         interest in, and the education and training required for, various
         career and employment opportunities;
         (B) the use of approved intermediaries, career coaches, and
         other coaching resources;
         (C) qualifications for career coaches and a training program to
         enable the career coaches to provide relevant information to
         the individuals being served;
         (D) the incorporation and ongoing usage of Internet based
         systems that are interoperable with the comprehensive career
         navigation and coaching system; and
         (E) career exploration, engagement, and experience.
   (b) All high schools in Indiana may participate in the comprehensive
career navigation and coaching system developed under subsection (a).
   (c) In developing and implementing the comprehensive career
navigation and coaching system described in subsection (a), the
commission shall:
     (1) work in consultation with, and receive cooperation, support,
     and assistance from:
         (A) the department of workforce development, governor's
         workforce cabinet, and department; and
         (B) the resources, providers, and institutions that the
         department of workforce development, and department use
         and oversee;
     (2) explore approaches and models from Indiana and other states
     and countries;
     (3) where appropriate, use pilot programs or other scaling
     approaches to develop and implement the comprehensive career
     navigation and coaching system in a cost effective and efficient
     manner; and
     (4) initially focus on students enrolled in high school.
   SECTION 129. IC 22-3-2-2.3, AS AMENDED BY SEA 222-2026,
SECTION 108, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 2.3. (a) As used in this section,
"volunteer worker" means a person who:
     (1) performs services:
         (A) for a state institution (as defined in IC 12-7-2-184);
         IC 12-7-2.1-318); and
         (B) for which the person does not receive compensation of any
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          nature; and
      (2) has been approved and accepted as a volunteer worker by the
      director of:
          (A) the division of disability, aging, and rehabilitative
          services; or
          (B) the division of mental health and addiction.
   (b) Services of any nature performed by a volunteer worker for a
state institution (as defined in IC 12-7-2-184) IC 12-7-2.1-318) are
governmental services. A volunteer worker is subject to the medical
benefits described under this chapter through IC 22-3-6. However, a
volunteer worker is not under this chapter through IC 22-3-6.
   SECTION 130. IC 22-4-2-30, AS AMENDED BY P.L.56-2023,
SECTION 206, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 30. For all purposes of this article,
the term "hospital" means:
      (1) an institution defined in IC 16-18-2-179(b) and licensed by the
      Indiana department of health; or
      (2) a state institution (as defined in IC 12-7-2-184).
      IC 12-7-2.1-318).
   SECTION 131. IC 22-4-14-3, AS AMENDED BY SEA 214-2026,
SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3. (a) A claimant who is receiving benefits as
determined under IC 22-4-15-1(c)(8) may restrict the claimant's
availability because of the claimant's need to address the physical,
psychological, or legal effects of being a victim of domestic or family
violence (as defined in IC 31-9-2-42). IC 31-9-2.1-84).
   (b) An unemployed claimant shall be eligible to receive benefits
with respect to any week only if the claimant:
      (1) is physically and mentally able to work;
      (2) is available for work;
      (3) is found by the department to be actively making an effort to
      secure full-time work; and
      (4) participates in reemployment services and reemployment and
      eligibility assessment activities when directed by the department
      as provided under sections 3.2 and 3.5 of this chapter, unless the
      department determines that:
          (A) the claimant has completed the reemployment services; or
          (B) failure by the claimant to participate in or complete the
          reemployment services is excused by the director under
          IC 22-4-14-2(b).
   (c) For the purpose of this article, unavailability for work of a
claimant exists in, but is not limited to, any case in which, with respect
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to any week, it is found:
       (1) that the claimant is engaged by any unit, agency, or
       instrumentality of the United States, in charge of public works or
       assistance through public employment, or any unit, agency, or
       instrumentality of this state, or any political subdivision thereof,
       in charge of any public works or assistance through public
       employment;
       (2) that the claimant is in full-time active military service of the
       United States, or is enrolled in civilian service as a conscientious
       objector to military service;
       (3) that the claimant is suspended for misconduct in connection
       with the the claimant's work; or
       (4) that the claimant is in attendance at a regularly established
       public or private school during the customary hours of the
       claimant's occupation or is in any vacation period intervening
       between regular school terms during which the claimant is a
       student. However, this subdivision does not apply to any claimant
       who is attending a regularly established school, has been regularly
       employed and upon becoming unemployed makes an effort to
       secure full-time work and is available for suitable full-time work
       with the claimant's last employer, or is available for any other
       full-time employment deemed suitable.
    (d) Notwithstanding any other provisions in this section or
IC 22-4-15-2, no otherwise eligible claimant shall be denied benefits
for any week because the claimant is in training with the approval of
the department, nor shall the claimant be denied benefits with respect
to any week in which the claimant is in training with the approval of
the department by reason of the application of the provisions of this
section with respect to the availability for work or active search for
work or by reason of the application of the provisions of IC 22-4-15-2
relating to failure to apply for, or the refusal to accept, suitable work.
The department may by rule prescribe the conditions under which
approval of such training will be granted.
    (e) Notwithstanding subsection (b), (c), or (d), or IC 22-4-15-2, an
otherwise eligible claimant shall not be denied benefits for any week
or determined not able, available, and actively seeking work, because
the claimant is responding to a summons for jury service. The claimant
shall:
       (1) obtain from the court proof of the claimant's jury service; and
       (2) provide to the department, in the manner the department
       prescribes by rule, proof of the claimant's jury service.
    (f) If an otherwise eligible claimant is unable to work or unavailable
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for work on any normal work day of the week, the claimant shall be
eligible to receive benefits with respect to such week reduced by
one-third (1/3) of the claimant's weekly benefit amount for each day of
such inability to work or unavailability for work.
   (g) A claimant has made an effort to secure full-time work with
respect to any week in which any of the following apply:
      (1) The claimant has completed activities directed by the
      department under sections 3.2 and 3.5 of this chapter.
      (2) The claimant has performed at least two (2) acceptable work
      search activities, including any work search activities provided by
      the department to the claimant through the claimant's uplink home
      page.
      (3) The claimant has affirmed that the claimant has made an effort
      to secure full-time work.
      (4) The claimant applies to, and accepts if offered, suitable jobs
      referred to the claimant by the department.
   (h) For purposes of this section, acceptable work search activities
may include:
      (1) creating a reemployment plan, in conjunction with a work one
      office;
      (2) creating a resume;
      (3) uploading the claimant's resume to Indiana career connect;
      (4) registering for work with Indiana career connect, a placement
      firm, temporary work agencies, or an educational institution with
      job placement offices;
      (5) using online career tools reasonably expected to improve the
      claimant's likelihood of finding employment;
      (6) logging on and looking for work in Indiana career connect;
      (7) using reemployment services in a work one center or
      completing similar online or self-service activities;
      (8) completing job applications for employers that have, or are
      reasonably expected to have, job openings, or following through
      on job referrals or job development attempts, as directed by state
      workforce or unemployment insurance staff;
      (9) applying for or participating in employment and training
      services provided by partner programs in work one centers;
      (10) creating a personal user profile on a professional networking
      site appropriate for the claimant's prior training and experience;
      (11) participating in work related networking events;
      (12) making contacts or in person visits to employers that have,
      or are reasonably expected to have, job openings;
      (13) taking a civil service exam; or
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       (14) going on interviews with employers virtually or in person.
    (i) For purposes of this section, the department will determine
whether work is suitable on a case by case basis pursuant to the criteria
set forth in IC 22-4-15-2. The following apply with respect to suitable
work:
       (1) In order to maintain benefit eligibility, when the department
       directs, a claimant must apply for any available position.
       (2) Suitable work must be accepted, if the offer is received by a
       claimant at any time after the claimant's separation from
       employment.
       (3) Failure to accept suitable work, without good cause, will result
       in the claimant being ineligible for benefits.
    (j) Except for activities that the department will verify under
subsection (h)(1), (h)(3), (h)(5), (h)(6), and (h)(8), for a period of six
(6) months following the week in which the work search activities
occurred, the claimant must keep a detailed record of the claimant's
weekly work search activities so that the department can verify the
activity for an audit or eligibility review. A detailed record includes the
following information:
       (1) The date of the activity.
       (2) The name of the employer, event host, organizer, platform, or
       other identifying information, such as a job reference number.
       (3) Contact information, such as the employer's mailing address,
       telephone number, electronic mail address, or website address,
       and name of the person contacted, if available.
       (4) Details of the position for which the claimant applied or
       activity in which the claimant participated.
       (5) Method of contact or participation.
       (6) Confirmation of the claimant's contact or participation.
       (7) Results of the claimant's contact or participation.
    (k) A contemporaneous document generated by an employer, an
event host, an organizer, a platform, or other relevant third party that
includes the date and details of an activity as well as confirmation of
the claimant's submission or participation, will be presumed to satisfy
the requirements of subsection (j).
    (l) The department may allow a claimant to satisfy the requirements
of subsection (j) through a document other than one described in
subsection (j) or (k), but the claimant must demonstrate the reliability
and appropriateness of the documentation.
    SECTION 132. IC 22-4-15-1, AS AMENDED BY SEA 214-2026,
SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. (a) Regarding an individual's most recent
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separation from employment before filing an initial or additional claim
for benefits, an individual who voluntarily left the employment without
good cause in connection with the work or was discharged from the
employment for just cause is ineligible for waiting period or benefit
rights for the week in which the disqualifying separation occurred and
until:
      (1) the individual has earned remuneration in employment in at
      least eight (8) weeks; and
      (2) the remuneration earned equals or exceeds the product of the
      weekly benefit amount multiplied by eight (8).
If the qualification amount has not been earned at the expiration of an
individual's benefit period, the unearned amount shall be carried
forward to an extended benefit period or to the benefit period of a
subsequent claim.
    (b) When it has been determined that an individual has been
separated from employment under disqualifying conditions as outlined
in this section, the maximum benefit amount of the individual's current
claim, as initially determined, shall be reduced by an amount
determined as follows:
      (1) For the first separation from employment under disqualifying
      conditions, the maximum benefit amount of the individual's
      current claim is equal to the result of:
          (A) the maximum benefit amount of the individual's current
          claim, as initially determined; multiplied by
          (B) seventy-five percent (75%);
      rounded (if not already a multiple of one dollar ($1)) to the next
      higher dollar.
      (2) For the second separation from employment under
      disqualifying conditions, the maximum benefit amount of the
      individual's current claim is equal to the result of:
          (A) the maximum benefit amount of the individual's current
          claim determined under subdivision (1); multiplied by
          (B) eighty-five percent (85%);
      rounded (if not already a multiple of one dollar ($1)) to the next
      higher dollar.
      (3) For the third and any subsequent separation from employment
      under disqualifying conditions, the maximum benefit amount of
      the individual's current claim is equal to the result of:
          (A) the maximum benefit amount of the individual's current
          claim determined under subdivision (2); multiplied by
          (B) ninety percent (90%);
      rounded (if not already a multiple of one dollar ($1)) to the next
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      higher dollar.
   (c) The disqualifications provided in this section shall be subject to
the following modifications:
      (1) An individual shall not be subject to disqualification because
      of separation from the individual's employment if:
          (A) the individual left to accept with another employer
          previously secured permanent full-time work which offered
          reasonable expectation of continued covered employment and
          betterment of wages or working conditions and thereafter was
          employed on said job;
          (B) having been simultaneously employed by two (2)
          employers, the individual leaves one (1) such employer
          voluntarily without good cause in connection with the work
          but remains in employment with the second employer with a
          reasonable expectation of continued employment; or
          (C) the individual left to accept recall made by a base period
          employer.
      (2) An individual whose unemployment is the result of medically
      substantiated physical disability and who is involuntarily
      unemployed after having made reasonable efforts to maintain the
      employment relationship shall not be subject to disqualification
      under this section for such separation.
      (3) An individual who left work to enter the armed forces of the
      United States shall not be subject to disqualification under this
      section for such leaving of work.
      (4) An individual whose employment is terminated under the
      compulsory retirement provision of a collective bargaining
      agreement to which the employer is a party, or under any other
      plan, system, or program, public or private, providing for
      compulsory retirement and who is otherwise eligible shall not be
      deemed to have left the individual's work voluntarily without
      good cause in connection with the work. However, if such
      individual subsequently becomes reemployed and thereafter
      voluntarily leaves work without good cause in connection with the
      work, the individual shall be deemed ineligible as outlined in this
      section.
      (5) An otherwise eligible individual shall not be denied benefits
      for any week because the individual is in training approved under
      Section 236(a)(1) of the Trade Act of 1974, nor shall the
      individual be denied benefits by reason of leaving work to enter
      such training, provided the work left is not suitable employment,
      or because of the application to any week in training of provisions
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     in this law (or any applicable federal unemployment
     compensation law), relating to availability for work, active search
     for work, or refusal to accept work. For purposes of this
     subdivision, the term "suitable employment" means with respect
     to an individual, work of a substantially equal or higher skill level
     than the individual's past adversely affected employment (as
     defined for purposes of the Trade Act of 1974), and wages for
     such work at not less than eighty percent (80%) of the individual's
     average weekly wage as determined for the purposes of the Trade
     Act of 1974.
     (6) An individual is not subject to disqualification because of
     separation from the individual's employment if:
         (A) the employment was outside the individual's labor market;
         (B) the individual left to accept previously secured full-time
         work with an employer in the individual's labor market; and
         (C) the individual actually became employed with the
         employer in the individual's labor market.
     (7) An individual who, but for the voluntary separation to move
     to another labor market to join a spouse who had moved to that
     labor market, shall not be disqualified for that voluntary
     separation, if the individual is otherwise eligible for benefits.
     Benefits paid to the spouse whose eligibility is established under
     this subdivision shall not be charged against the employer from
     whom the spouse voluntarily separated.
     (8) An individual shall not be subject to disqualification if the
     individual voluntarily left employment or was discharged due to
     circumstances directly caused by domestic or family violence (as
     defined in IC 31-9-2-42). IC 31-9-2.1-84). An individual who
     may be entitled to benefits based on this modification may apply
     to the office of the attorney general under IC 5-26.5 to have an
     address designated by the office of the attorney general to serve
     as the individual's address for purposes of this article.
     (9) An individual shall not be subject to disqualification if the
     individual:
         (A) has requested an exemption from an employer's
         COVID-19 immunization requirement;
         (B) has complied with the requirements set forth in
         IC 22-5-4.6; and
         (C) was discharged from employment for failing or refusing to
         receive an immunization against COVID-19.
As used in this subsection, "labor market" means the area surrounding
an individual's permanent residence, outside which the individual
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cannot reasonably commute on a daily basis. In determining whether
an individual can reasonably commute under this subdivision, the
department shall consider the nature of the individual's job.
   (d) "Discharge for just cause" as used in this section is defined to
include but not be limited to:
     (1) separation initiated by an employer for falsification of an
     employment application to obtain employment through
     subterfuge;
     (2) knowing violation of a reasonable and uniformly enforced rule
     of an employer, including a rule regarding attendance;
     (3) if an employer does not have a rule regarding attendance, an
     individual's unsatisfactory attendance, if good cause for absences
     or tardiness is not established;
     (4) damaging the employer's property through willful and wanton
     misconduct;
     (5) refusing to obey instructions;
     (6) conduct endangering safety of self or coworkers;
     (7) incarceration in jail following conviction of a misdemeanor or
     felony by a court of competent jurisdiction; or
     (8) any breach of duty in connection with work which is
     reasonably owed an employer by an employee.
   (e) For purposes of subsection (d), the following apply:
     (1) An employer rule will be found to be reasonable if it:
         (A) is lawful;
         (B) is related to the employer's business operations;
         (C) is intended by the employer to broadly apply to classes,
         categories, or all employees; and
         (D) does not create a harsh or unconscionable requirement for
         employees.
     (2) In order to qualify as a breach of duty for unemployment
     insurance purposes, the duty must be:
         (A) reasonably connected to the work;
         (B) reasonably owed to the employer by the employee; and
         (C) of a nature that a reasonable employee would recognize as
         a violation of the duty and would understand that a violation
         of the duty would subject the individual to discharge.
     (3) A breach of duty reasonably owed to an employer includes
     conduct that establishes that the individual:
         (A) damaged the employer's trust and confidence in the
         individual's ability to effectively perform the job;
         (B) willfully failed to meet the employer's reasonable
         expectation;
SEA 80 — CC 1
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         (C) chose a course of action that the individual knew, or
         should have known, would negatively impact the employer's
         financial interests;
         (D) demonstrated an intentional or substantial disregard for the
         employer's interests;
         (E) intentionally or knowingly injured, or attempted to injure,
         the employer's financial interests;
         (F) intentionally chose a course of action that set the
         individual's interests against the employer's interests to the
         detriment of the employer;
         (G) showed carelessness or negligence to such a degree, or
         with such recurrence, as to cause damage to the employer's
         interests; or
         (H) performed some volitional act or exercised some control
         over the circumstances resulting in discharge from
         employment.
   (f) To verify that domestic or family violence has occurred, an
individual who applies for benefits under subsection (c)(8) shall
provide one (1) of the following:
      (1) A report of a law enforcement agency (as defined in
      IC 10-13-3-10).
      (2) A protection order issued under IC 34-26-5.
      (3) A foreign protection order (as defined in IC 34-6-2.1-76).
      (4) An affidavit from a domestic violence service provider
      verifying services provided to the individual by the domestic
      violence service provider.
   (g) An individual will not be considered to have voluntarily left
employment for good cause in connection with the work unless it is
established that a reasonable individual in the same or similar
circumstances would also have left the employment.
   (h) A voluntary leave of employment due to excessive discipline, or
inappropriate comments or conduct by managers or coworkers, does
not constitute good cause in connection with the work unless it is
established that an individual in the same or similar circumstances
would reasonably believe that the:
      (1) conduct was severe and pervasive;
      (2) conduct:
         (A) was motivated by the individual's:
           (i) race;
           (ii) age;
           (iii) sex;
           (iv) national origin; or
SEA 80 — CC 1
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            (v) religious beliefs or other status protected by law;
          (B) endangered the individual's physical safety; or
          (C) endangered the individual's mental health; and
      (3) the individual reported the conduct pursuant to the employer's
      procedures, if any, but no employer action was taken within a
      reasonable period of time.
   (i) An individual who leaves employment in anticipation of an
imminent discharge does so with good cause if it is established that the:
      (1) discharge was imminent; and
      (2) imminent discharge would not have been for just cause.
   (j) If an employer gives an employee the opportunity to submit a
resignation from employment, rather than be discharged, and the
employee resigns, this is a quit in lieu of discharge, and the separation
will be analyzed under the discharge for just cause criteria, as the
employer is the moving party in the separation.
   SECTION 133. IC 22-4.1-18-1, AS AMENDED BY HEA
1195-2026, SECTION 4, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 1. This chapter applies to an
individual who is:
      (1) at least eighteen (18) years of age; or
      (2) less than eighteen (18) years of age and meets the following
      requirements:
          (A) The individual has completed:
            (i) the Indiana career explorer program; and
            (ii) an assessment approved by the department that measures
            Indiana high school equivalency test readiness.
          (B) The individual has received a written recommendation
          from at least one (1) of the following, as applicable:
            (i) The individual's parent if the individual attends a
            nonaccredited nonpublic school that has less than one (1)
            employee.
            (ii) The superintendent (as defined in IC 20-18-2-21),
            principal, or head of the school the individual attends, or the
            appropriate designee, if the individual attends a school that
            employs more than one (1) employee.
            (iii) A judge (as defined in IC 31-9-2-68). IC 31-9-2.1-141).
   SECTION 134. IC 22-12-7-15, AS ADDED BY P.L.160-2025,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 15. (a) Except as provided by subsection (c), if a
property is inspected by the department or plans were reviewed by the
department, neither the department nor a political subdivision may
require compliance with a new or different set of building, fire safety,
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                                 173
or equipment laws than were originally enforced by the department:
      (1) before July 1, 2025; or
      (2) two (2) years after the earlier of the date of the:
         (A) initial inspection; or
         (B) plan review.
    (b) A child care home (as defined in IC 12-7-2-28.6)
IC 12-7-2.1-57) that was licensed to operate in a Class 2 structure by
the office of the secretary of family and social services before July 1,
2025, may continue to operate in the structure notwithstanding the
provisions of this article and 675 IAC 13.
    (c) Subsection (a) does not apply to any of the following:
      (1) Any:
         (A) fraud;
         (B) material misrepresentation; or
         (C) other act of bad faith;
      that results in misapplication of the appropriate requirements.
      (2) A change of use or occupancy of the structure or equipment.
      (3) A condition imposed in a variance issued by the:
         (A) department; or
         (B) commission.
      (4) Any new construction, addition, or alteration of the structure
      or equipment.
      (5) A violation that would qualify for an emergency order under
      section 6(a)(1) of this chapter.
      (6) Any maintenance requirements.
    SECTION 135. IC 24-5-14-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 12. A caller may not
use an automatic dialing-announcing device to make a telephone call
to the following:
      (1) A hospital (as defined in IC 16-18-2-179(b)).
      (2) An ambulatory outpatient surgical center (as defined in
      IC 16-18-2-14).
      (3) A health facility (as defined in IC 16-18-2-167).
      (4) An emergency medical services facility (as defined in
      IC 16-18-2-111).
      (5) A business providing emergency ambulance services (as
      defined in IC 16-18-2-107).
      (6) A state institution (as defined in IC 12-7-2-184).
      IC 12-7-2.1-318).
      (7) A private mental health institution licensed under IC 12-25.
      (8) A residential facility (as defined in IC 12-7-2-165).
      IC 12-7-2.1-292).
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     (9) A law enforcement agency (as defined in IC 10-13-3-10).
     (10) A fire department (as defined in IC 36-8-17-2).
   SECTION 136. IC 25-1-9.5-2.5, AS AMENDED BY P.L.109-2022,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2.5. (a) As used in this chapter, "health care
services" includes the following:
     (1) The following concerning a patient:
         (A) Assessment.
         (B) Diagnosis.
         (C) Evaluation.
         (D) Consultation.
         (E) Treatment.
         (F) Monitoring of a patient.
     (2) Transfer of medical data.
     (3) Patient health related education.
     (4) Health administration.
   (b) The term does not include case management services, care
management services, service coordination services, or care
coordination services:
     (1) as defined in IC 12-7-2-25; IC 12-7-2.1-46;
     (2) provided to individuals under the Indiana Medicaid program
     or Medicaid waivers; or
     (3) provided to individuals under any other programs
     administered by the office of the secretary of family and social
     services or the Indiana department of health.
   SECTION 137. IC 25-37.5-1-1, AS AMENDED BY P.L.222-2013,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. (a) When used in this chapter, "valuable metal"
means any product made of metal that readily may be resold. The term:
     (1) includes metal bossies and small component motor vehicle
     parts; and
     (2) does not include the following:
         (A) A beverage can.
         (B) Used jewelry regulated under IC 24-4-13.
         (C) Precious metal regulated under IC 24-4-19.
   (b) As used in this chapter, "valuable metal dealer" means any
individual, firm, corporation, limited liability company, or partnership
engaged in the business of purchasing and reselling valuable metal
either at a permanently established place of business or in connection
with a business of an itinerant nature, including junk shops, junk yards,
junk stores, auto wreckers, scrap metal dealers or processors, salvage
yards, collectors of or dealers in junk, and junk cars or trucks. The term
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includes a core buyer. The term does not include a person who
purchases a vehicle and obtains title to the vehicle.
    (c) As used in this chapter, "purchase" means acquiring a valuable
metal product for a consideration, but does not include purchases
between scrap metal processing facilities (as defined in IC 8-23-1-36).
IC 8-23-1.1-35).
    SECTION 138. IC 27-1-4.5-2, AS ADDED BY P.L.239-2025,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2027]: Sec. 2. As used in this chapter, "insurer" includes the
following:
      (1) An insurer (as defined in IC 27-1-2-3(x)) that issues a policy
      of accident and sickness insurance (as defined in IC 27-8-5-1(a)).
      However, the term does not include the coverages described in
      IC 27-8-5-2.5(a).
      (2) A health maintenance organization (as defined in
      IC 27-13-1-19) that provides coverage for basic health care
      services (as defined in IC 27-13-1-4).
      (3) A managed care organization (as defined in IC 12-7-2-126.9)
      IC 12-7-2.1-218) that provides services to a Medicaid recipient.
      (4) A prepaid health care delivery plan under IC 5-10-8-7(c) that
      provides group health coverage for state employees.
    SECTION 139. IC 27-1-22-20.1, AS AMENDED BY SEA 15-2026,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 20.1. (a) For purposes of this section, an
individual is a "foster youth" if:
      (1) the department of child services; or
      (2) a designee of the department of child services;
certifies or acknowledges that the individual is a foster youth (as
defined by IC 31-9-2-47.3(a)). IC 31-9-2.1-110(b)).
    (b) The department of child services established by IC 31-25-1-1
shall make available to foster youths and to the public a list, provided
by the Insurance Institute of Indiana, identifying insurers that may
provide automobile insurance coverage outside the plan described in
subsection (c) for a minor without a guardian cosigner. The list of
insurers shall be reviewed annually.
    (c) An assigned risk automobile insurance plan established by
insurers under section 20 of this chapter must, subject to the rules of
the plan, make automobile insurance available to a foster youth who:
      (1) is at least sixteen (16) years of age and not more than
      twenty-three (23) years of age; and
      (2) is receiving services from the department of child services.
    (d) An applicant who is a foster youth is responsible for paying all
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costs of a policy of automobile insurance issued under subsection (c).
A state or local government agency, foster parent, or entity providing
services to an applicant under a contract or at the direction of a state or
local government agency shall not be required to pay any costs
associated with a policy of automobile insurance issued under
subsection (c) and shall not be liable for any damages that result from
the foster youth's operation of an automobile owned and insured by the
foster youth.
   SECTION 140. IC 27-1-24.2-1, AS ADDED BY P.L.189-2025,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. (a) This chapter applies to a policy or contract
that is issued, delivered, entered into, renewed, or amended after
December 31, 2025.
   (b) This chapter does not apply to the following:
      (1) Medicaid or a managed care organization (as defined in
      IC 12-7-2-126.9). IC 12-7-2.1-218).
      (2) Except as provided in section 18 of this chapter, a state
      employee health plan (as defined in IC 5-10-8-6.7).
   SECTION 141. IC 27-1-24.5-0.7, AS ADDED BY P.L.152-2024,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 0.7. As used in this chapter, "contract holder"
means:
      (1) an individual or entity that offers health insurance coverage to
      its employees or members through a self-funded health benefit
      plan, including a self-funded health benefit plan that complies
      with the federal Employee Retirement Income Security Act
      (ERISA) of 1974 (29 U.S.C. 1001 et seq.);
      (2) a health plan; or
      (3) Medicaid or a managed care organization (as defined in
      IC 12-7-2-126.9) IC 12-7-2.1-218) that provides services to a
      Medicaid recipient;
that contracts with a pharmacy benefit manager to provide services.
   SECTION 142. IC 27-1-37.5-16, AS AMENDED BY P.L.144-2025,
SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 16. (a) Except as provided in subsection (b), the
department shall establish, post, and maintain on the department's
website a standardized prior authorization form for use by health care
providers and utilization review entities for purposes of any notice or
authorization required by a utilization review entity with respect to
payment for a health care service rendered to a covered individual.
   (b) After December 31, 2020, a Medicaid managed care
organization (as defined in IC 12-7-2-126.9) IC 12-7-2.1-218) shall use
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a standardized prior authorization form prescribed by the office of the
secretary of family and social services.
    SECTION 143. IC 27-1-37.6-9, AS ADDED BY P.L.203-2023,
SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 9. (a) As used in this chapter, "health plan" means
any of the following:
      (1) A policy of accident and sickness insurance (as defined in
      IC 27-8-5-1). However, the term does not include the coverages
      described in IC 27-8-5-2.5(a).
      (2) A contract with a health maintenance organization (as defined
      in IC 27-13-1-19) that provides coverage for basic health care
      services (as defined in IC 27-13-1-4).
      (3) A self-insurance program established under IC 5-10-8-7(b) to
      provide health care coverage.
    (b) The term includes the following:
      (1) The insurer that issues a policy of accident and sickness
      insurance described in subsection (a)(1).
      (2) The health maintenance organization referred to in subsection
      (a)(2).
      (3) The entity with which the state contracts for the administration
      of the self-insurance program established under IC 5-10-8-7(b) to
      provide health care coverage.
    (c) The term does not include a Medicaid managed care
organization, as defined in IC 12-7-2-126.9. IC 12-7-2.1-218.
    SECTION 144. IC 27-1-44.5-2, AS AMENDED BY P.L.216-2025,
SECTION 45, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. As used in this chapter, "health payer" includes
the following:
      (1) Medicare.
      (2) Medicaid or a managed care organization (as defined in
      IC 12-7-2-126.9) IC 12-7-2.1-218) that has contracted with
      Medicaid to provide services to a Medicaid recipient.
      (3) An insurer that issues a policy of accident and sickness
      insurance (as defined in IC 27-8-5-1), except for the following
      types of coverage:
          (A) Accident only, credit, dental, vision, long term care, or
          disability income insurance.
          (B) Coverage issued as a supplement to liability insurance.
          (C) Automobile medical payment insurance.
          (D) A specified disease policy.
          (E) A policy that provides indemnity benefits not based on any
          expense incurred requirements, including a plan that provides
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          coverage for:
            (i) hospital confinement, critical illness, or intensive care; or
            (ii) gaps for deductibles or copayments.
          (F) Worker's compensation or similar insurance.
          (G) A student health plan.
          (H) A supplemental plan that always pays in addition to other
          coverage.
      (4) A health maintenance organization (as defined in
      IC 27-13-1-19).
      (5) A pharmacy benefit manager (as defined in IC 27-1-24.5-12).
      (6) An administrator (as defined in IC 27-1-25-1).
      (7) A multiple employer welfare arrangement (as defined in
      IC 27-1-34-1).
      (8) An employee benefit plan that is subject to the federal
      Employee Retirement Income Security Act of 1974 (29 U.S.C.
      1001 et seq.), including a third party administrator of an employee
      benefit plan.
      (9) A state employee health plan (as defined in IC 5-10-8-6.7(a)).
      (10) An insurance producer, for purposes of the required
      reporting under IC 27-1-15.6-13.6.
      (11) Any other person identified by the commissioner for
      participation in the data base described in this chapter.
    SECTION 145. IC 27-1-46.5-3, AS ADDED BY P.L.216-2025,
SECTION 46, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3. (a) As used in this chapter and except as
provided in subsection (b), "hospital" means an acute care hospital
licensed under IC 16-21.
    (b) The term does not include the following:
      (1) A hospital specifically intended to diagnose, care, and treat the
      following:
          (A) Individuals with a mental illness (as defined in
          IC 12-7-2-117.6). IC 12-7-2.1-197).
          (B) Individuals with a developmental disability (as defined in
          IC 12-7-2-61). IC 12-7-2.1-118).
      (2) A hospital designated by the Medicaid program as a long term
      care hospital.
      (3) A hospital that is a Medicare certified, freestanding
      rehabilitation hospital.
      (4) A hospital that is operated by the federal government.
      (5) A critical access hospital.
      (6) A rural emergency hospital.
    SECTION 146. IC 27-2-25.5-4, AS AMENDED BY P.L.186-2025,
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                                 179
SECTION 295, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 4. (a) A plan sponsor that contracts
with a third party administrator, the office of the secretary of family
and social services that contracts with a managed care organization (as
defined in IC 12-7-2-126.9) IC 12-7-2.1-218) to provide services to a
Medicaid recipient, or the state personnel department that contracts
with a prepaid health care delivery plan under IC 5-10-8-7(c) to
provide group health coverage for state employees may, one (1) time
in a calendar year and not earlier than six (6) months following a
previously requested audit, request an audit of compliance with the
contract. If requested by the plan sponsor, office of the secretary of
family and social services, or state personnel department, the audit
shall include full disclosure of the following concerning data specific
to the plan sponsor, office of the secretary, or state personnel
department:
      (1) Claims data described in section 1 of this chapter.
      (2) Claims received by the third party administrator, managed
      care organization, or prepaid health care delivery plan on any of
      the following:
         (A) The CMS-1500 form or its successor form.
         (B) The HCFA-1500 form or its successor form.
         (C) The HIPAA X12 837P electronic claims transaction for
         professional services, or its successor transaction.
         (D) The HIPAA X12 837I institutional form or its successor
         form.
         (E) The CMS-1450 form or its successor form.
         (F) The UB-04 form or its successor form.
      The forms or transaction may be modified as necessary to comply
      with the federal Health Insurance Portability and Accountability
      Act (HIPAA) (P.L. 104-191).
      (3) Claims payments, electronic funds transfer, or remittance
      advice notices provided by the third party administrator, managed
      care organization, or prepaid health care delivery plan as ASC
      X12N 835 files or a successor format. The files may be modified
      only as necessary to comply with the federal Health Insurance
      Portability and Accountability Act (HIPAA) (P.L. 104-191). In
      the event that paper claims are provided, the third party
      administrator, managed care organization, or prepaid health care
      delivery plan shall convert the paper claims to the ASC X12N 835
      electronic format or a successor format.
      (4) Any fees charged to the plan sponsor, office of the secretary
      of family and social services, or state personnel department
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       related to plan administration and claims processing, including
       renegotiation fees, access fees, repricing fees, or enhanced review
       fees.
    (b) A third party administrator, managed care organization, or
prepaid health care delivery plan may not impose:
       (1) fees for:
          (A) requesting an audit under this section; or
          (B) selecting an auditor other than an auditor designated by the
          third party administrator, managed care organization, or
          prepaid health care delivery plan; or
       (2) conditions that would restrict a party's right to conduct an
       audit under this section, including restrictions on the:
          (A) time period of the audit;
          (B) number of claims analyzed;
          (C) type of analysis conducted;
          (D) data elements used in the analysis; or
          (E) selection of an auditor as long as the auditor:
             (i) does not have a conflict of interest;
             (ii) meets a threshold for liability insurance specified in the
             contract between the parties;
             (iii) does not work on a contingent fee basis; and
             (iv) does not have a history of breaching nondisclosure
             agreements.
    (c) A third party administrator, managed care organization, or
prepaid health care delivery plan shall provide claims data to the
contract holder not later than fifteen (15) business days after the claims
data is requested.
    (d) Information provided in an audit under this section must be
provided in accordance with the federal Health Insurance Portability
and Accountability Act (HIPAA) (P.L. 104-191).
    (e) A contract that is entered into, issued, amended, or renewed after
June 30, 2024, may not contain a provision that violates this section.
    (f) A violation of this section is an unfair or deceptive act or practice
in the business of insurance under IC 27-4-1-4.
    (g) The department may also adopt rules under IC 4-22-2 to set forth
fines for a violation under this section.
    SECTION 147. IC 27-8-5-15.5, AS AMENDED BY P.L.56-2023,
SECTION 245, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 15.5. (a) As used The following
terms are defined for use in this section:
    "Alcohol abuse" has the meaning set forth in IC 12-7-2-10.
IC 12-7-2.1-17.
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   "Community mental health center" has the meaning set forth in
IC 12-7-2-38 and IC 12-7-2-39. IC 12-7-2.1-77 and IC 12-7-2.1-78.
   "Division of mental health and addiction" refers to the division
created under IC 12-21-1-1.
   "Drug abuse" has the meaning set forth in IC 12-7-2-72.
IC 12-7-2.1-128.
   "Indiana department of health" refers to the department established
by IC 16-19-1-1.
   "Inpatient services" means services that require the beneficiary of
the services to remain overnight in the facility in which the services are
offered.
   "Mental illness" has the meaning set forth in IC 12-7-2-130(1).
IC 12-7-2.1-226(1).
   "Psychiatric hospital" has the meaning set forth in IC 12-7-2-151.
IC 12-7-2.1-270.
   "Substance abuse" means drug abuse or alcohol abuse.
   (b) An insurance policy that provides coverage for inpatient services
for the treatment of:
      (1) mental illness;
      (2) substance abuse; or
      (3) both mental illness and substance abuse;
may not exclude coverage for inpatient services for the treatment of
mental illness or substance abuse that are provided by a community
mental health center or by any psychiatric hospital licensed by the
Indiana department of health or the division of mental health and
addiction to offer those services.
   SECTION 148. IC 27-8-5-15.8, AS ADDED BY P.L.103-2020,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 15.8. (a) As used in this section, "treatment of a
mental illness or substance abuse" means:
      (1) treatment for a mental illness, as defined in IC 12-7-2-130(1);
      IC 12-7-2.1-226(1); and
      (2) treatment for drug abuse or alcohol abuse.
   (b) As used in this section, "act" refers to the Paul Wellstone and
Pete Domenici Mental Health Parity and Addiction Act of 2008 and
any amendments thereto, plus any federal guidance or regulations
relevant to that act, including 45 CFR 146.136, 45 CFR 147.136, 45
CFR 147.160, and 45 CFR 156.115(a)(3).
   (c) As used in this section, "nonquantitative treatment limitations"
refers to those limitations described in 26 CFR 54.9812-1, 29 CFR
2590.712, and 45 CFR 146.136.
   (d) An insurer that issues a policy of accident and sickness
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insurance that provides coverage of services for treatment of a mental
illness or substance abuse shall submit a report to the department not
later than December 31 of each year that contains the following
information:
       (1) A description of the processes:
          (A) used to develop or select the medical necessity criteria for
          coverage of services for treatment of a mental illness or
          substance abuse; and
          (B) used to develop or select the medical necessity criteria for
          coverage of services for treatment of other medical or surgical
          conditions.
       (2) Identification of all nonquantitative treatment limitations that
       are applied to:
          (A) coverage of services for treatment of a mental illness or
          substance abuse; and
          (B) coverage of services for treatment of other medical or
          surgical conditions;
       within each classification of benefits.
    (e) There may be no separate nonquantitative treatment limitations
that apply to coverage of services for treatment of a mental illness or
substance abuse that do not apply to coverage of services for treatment
of other medical or surgical conditions within any classification of
benefits.
    (f) An insurer that issues a policy of accident and sickness insurance
that provides coverage of services for treatment of a mental illness or
substance abuse shall also submit an analysis showing the insurer's
compliance with this section and the act to the department not later
than December 31 of each year. The analysis must do the following:
       (1) Identify the factors used to determine that a nonquantitative
       treatment limitation will apply to a benefit, including factors that
       were considered but rejected.
       (2) Identify and define the specific evidentiary standards used to
       define the factors and any other evidence relied upon in designing
       each nonquantitative treatment limitation.
       (3) Provide the comparative analyses, including the results of the
       analyses, performed to determine the following:
          (A) That the processes and strategies used to design each
          nonquantitative treatment limitation for coverage of services
          for treatment of a mental illness or substance abuse are
          comparable to, and applied no more stringently than, the
          processes and strategies used to design each nonquantitative
          treatment limitation for coverage of services for treatment of
SEA 80 — CC 1
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         other medical or surgical conditions.
         (B) That the processes and strategies used to apply each
         nonquantitative treatment limitation for treatment of a mental
         illness or substance abuse are comparable to, and applied no
         more stringently than, the processes and strategies used to
         apply each nonquantitative limitation for treatment of other
         medical or surgical conditions.
   (g) The department shall adopt rules to ensure compliance with this
section and the applicable provisions of the act.
   SECTION 149. IC 27-8-23-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 4. As used in this
chapter, "insurer" has the meaning set forth in IC 12-7-2-120.
IC 12-7-2.1-202.
   SECTION 150. IC 27-13-7-14.2, AS ADDED BY P.L.103-2020,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 14.2. (a) As used in this section, "treatment of a
mental illness or substance abuse" means:
     (1) treatment for a mental illness, as defined in IC 12-7-2-130(1);
     IC 12-7-2.1-226(1); and
     (2) treatment for drug abuse or alcohol abuse.
   (b) As used in this section, "act" refers to the Paul Wellstone and
Pete Domenici Mental Health Parity and Addiction Act of 2008 and
any amendments thereto, plus any federal guidance or regulations
relevant to that act, including 45 CFR 146.136, 45 CFR 147.136, 45
CFR 147.160, and 45 CFR 156.115(a)(3).
   (c) As used in this section, "nonquantitative treatment limitations"
refers to those limitations described in 26 CFR 54.9812-1, 29 CFR
2590.712, and 45 CFR 146.136.
   (d) An individual contract or a group contract that provides
coverage of services for treatment of a mental illness or substance
abuse shall submit a report to the department not later than December
31 of each year that contains the following information:
     (1) A description of the processes:
         (A) used to develop or select the medical necessity criteria for
         coverage of services for treatment of a mental illness or
         substance abuse; and
         (B) used to develop or select the medical necessity criteria for
         coverage of services for treatment of other medical or surgical
         conditions.
     (2) Identification of all nonquantitative treatment limitations that
     are applied to:
         (A) coverage of services for treatment of a mental illness or
SEA 80 — CC 1
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         substance abuse; and
         (B) coverage of services for treatment of other medical or
         surgical conditions;
      within each classification of benefits.
   (e) There may be no separate nonquantitative treatment limitations
that apply to coverage of services for treatment of a mental illness or
substance abuse that do not apply to coverage of services for treatment
of other medical or surgical conditions within any classification of
benefits.
   (f) An individual contract or a group contract that provides coverage
of services for treatment of a mental illness or substance abuse shall
also submit an analysis showing the insurer's compliance with this
section and the act to the department not later than December 31 of
each year. The analysis must do the following:
      (1) Identify the factors used to determine that a nonquantitative
      treatment limitation will apply to a benefit, including factors that
      were considered but rejected.
      (2) Identify and define the specific evidentiary standards used to
      define the factors and any other evidence relied upon in designing
      each nonquantitative treatment limitation.
      (3) Provide the comparative analyses, including the results of the
      analyses, performed to determine the following:
         (A) That the processes and strategies used to design each
         nonquantitative treatment limitation for coverage of services
         for treatment of a mental illness or substance abuse are
         comparable to, and applied no more stringently than, the
         processes and strategies used to design each nonquantitative
         treatment limitation for coverage of services for treatment of
         other medical or surgical conditions.
         (B) That the processes and strategies used to apply each
         nonquantitative treatment limitation for treatment of a mental
         illness or substance abuse are comparable to, and applied no
         more stringently than, the processes and strategies used to
         apply each nonquantitative limitation for treatment of other
         medical or surgical conditions.
   (g) The department shall adopt rules to ensure compliance with this
section and the applicable provisions of the act.
   SECTION 151. IC 28-1-1-3.9, AS ADDED BY SEA 15-2026,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3.9. For purposes of section 7 of this chapter,
"foster youth" means an individual who is:
      (1) at least sixteen (16) years of age; and
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    (2) certified or acknowledged as a foster youth (as defined in
    IC 31-9-2-47.3(a)) IC 31-9-2.1-110(b)) by the department of
    child services or a designee of the department of child services.
  SECTION 152. IC 29-3-1-2.5, AS AMENDED BY P.L.11-2023,
SECTION 93, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2.5. "Conduct a criminal history check" means to:
    (1) request:
       (A) the state police department to 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 provided under
          IC 10-13-3-27.5; or
       (B) if an individual has:
          (i) a physical disability that prevents fingerprinting and a
          person approved by the department of child services who is
          trained to take fingerprints or a qualified medical
          practitioner (as defined in IC 31-9-2-100.5)
          IC 31-9-2.1-196) verifies that the individual has a disabling
          condition that prevents fingerprinting; or
          (ii) low quality fingerprints, as a result of age, occupation, or
          otherwise, that prevent fingerprint results from being
          obtained and the individual's fingerprints have been rejected
          the required number of times by automated fingerprint
          classification equipment or rejected by a person designated
          by the state police department to examine and classify
          fingerprints;
       the state police department to conduct a national name based
       criminal history record check (as defined in IC 10-13-3-12.5)
       or request the state police department to release or allow
       inspection of a limited criminal history (as defined in
       IC 10-13-3-11) and the state police in every state the
       individual has resided in the past five (5) years to release or
       allow inspection of the individual's criminal history;
    (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 who is fourteen (14) years of age or older, or a person for
    whom a fingerprint based criminal history background check is
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      required under IC 31, resided within the previous five (5) years;
      (3) conduct a check of the national sex offender registry
      maintained by the United States Department of Justice for all
      persons who are at least fourteen (14) years of age; and
      (4) conduct a check of local law enforcement agency records in
      every jurisdiction where a person who is at least eighteen (18)
      years of age has resided within the previous five (5) years unless
      the department of child services or a court grants an exception to
      conducting this check.
   SECTION 153. IC 29-3-1-3.5, AS ADDED BY P.L.194-2017,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3.5. "De facto custodian" has the meaning set
forth in IC 31-9-2-35.5. IC 31-9-2.1-72.
   SECTION 154. IC 29-3-1-7.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 7.5. "Incapacitated
person" means an individual who:
      (1) cannot be located upon reasonable inquiry;
      (2) is unable:
          (A) to manage in whole or in part the individual's property;
          (B) to provide self-care; or
          (C) to perform both activities in clauses (A) and (B);
      because of insanity, mental illness, mental deficiency, physical
      illness, infirmity, habitual drunkenness, excessive use of drugs,
      incarceration, confinement, detention, duress, fraud, undue
      influence of others on the individual, or other incapacity; or
      (3) has a developmental disability (as defined in IC 12-7-2-61).
      IC 12-7-2.1-118).
   SECTION 155. IC 29-3-3-6, AS AMENDED BY P.L.68-2005,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 6. (a) The surviving parent of a minor does not
have the right to custody of the minor without a proceeding authorized
by law if the parent was not granted custody of the minor in a
dissolution of marriage decree and the conditions specified in this
section exist.
   (b) If:
      (1) the surviving parent, at the time of the custodial parent's death,
      had required supervision during parenting time privileges granted
      under a dissolution of marriage decree involving the minor; or
      (2) the surviving parent's parenting time privileges with the minor
      had been suspended at the time of the death of the custodial
      parent;
the court on petition by any person, including a temporary custodian
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named under IC 31-17-2-11 (or IC 31-1-11.5-27 before its repeal), or
on the court's own motion, may appoint a temporary guardian for the
minor for a specified period not to exceed sixty (60) days.
    (c) If a petition is filed under this section, a court shall appoint a
guardian ad litem (as defined in IC 31-9-2-50) IC 31-9-2.1-117) or a
court appointed special advocate (as defined in IC 31-9-2-28)
IC 31-9-2.1-67) for the child. A guardian ad litem or court appointed
special advocate appointed under this section serves until removed by
the court.
    (d) If a temporary guardian is appointed without notice and the
minor files a petition that the guardianship be terminated or the court
order modified, the court shall hold a hearing and make a determination
on the petition at the earliest possible time.
    (e) A temporary guardian appointed under this section has only the
responsibilities and powers that are ordered by the court.
    (f) A proceeding under this section may be joined with a proceeding
under IC 29-3-4 or IC 29-3-5.
    (g) The court shall appoint a guardian under this article if the court
finds that the surviving parent is not entitled to the right of custody of
the minor.
    SECTION 156. IC 29-3-5-1.5, AS ADDED BY P.L.104-2015,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1.5. A petitioner for appointment as a guardian of
a minor in a guardianship to which IC 29-3-8-9 applies shall submit the
necessary information, forms, or consents for the department of child
services to conduct a criminal history check (as defined in
IC 31-9-2-22.5) IC 31-9-2.1-58) of the petitioner and any other
household members before the court appoints the guardian under this
chapter or during the guardianship administration.
    SECTION 157. IC 29-3-8-9, AS AMENDED BY P.L.48-2012,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 9. (a) A probate or juvenile court may include in
its order creating a guardianship of a minor the following:
       (1) A requirement that the minor must reside with the guardian
       until the guardianship is terminated or modified.
       (2) Any terms and conditions that a parent must meet in order to
       seek modification or termination of the guardianship.
    (b) Except as provided in IC 29-3-12, if an order creating a
guardianship contains terms and conditions described in subsection
(a)(2), the court may modify or terminate the guardianship only if the
parent:
       (1) complies with the terms and conditions; and
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       (2) proves the parent's current fitness to assume all parental
       obligations by a preponderance of the evidence.
    (c) If:
       (1) a petition is filed for modification, resignation, or removal of
       the guardian or termination of the guardianship before the parent
       complies with the court ordered terms and conditions described
       in subsection (a)(2); and
       (2) the minor:
           (A) was the subject of a petition alleging the child to be a child
           in need of services; or
           (B) is participating in a program of informal adjustment;
the court shall refer the petition to the department of child services for
the department of child services to determine the placement of the child
in accordance with the best interests of the child.
    (d) A court shall notify the department of child services:
       (1) if:
           (A) the court appoints a guardian for a minor who:
             (i) was the subject of a petition alleging the minor to be a
             child in need of services; or
             (ii) is participating in a program of informal adjustment; and
           (B) a petition to modify or terminate the guardianship of the
           minor or a petition regarding the death, resignation, or removal
           of the guardian is filed; and
       (2) of any hearings related to the petitions described under
       subdivision (1)(B).
    (e) If a minor was the subject of a petition alleging the minor to be
a child in need of services or is participating in a program of informal
adjustment, the court shall do the following at a hearing regarding a
petition filed under this section:
       (1) Consider the position of the department of child services.
       (2) If requested by the department of child services, allow the
       department of child services to present evidence regarding:
           (A) whether the guardianship should be modified or
           terminated;
           (B) the fitness of the parent to provide for the care and
           supervision of the minor at the time of the hearing;
           (C) the appropriate care and placement of the child; and
           (D) the best interests of the child.
    (f) The department of child services or the proposed guardian shall
notify the court creating a guardianship if the department of child
services has approved financial assistance to a guardian for the benefit
of the protected person, as a component of child services (as defined in
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IC 31-9-2-17.8(1)(E)). IC 31-9-2.1-47(1)(E)). If the guardian will be
provided assistance as a component of child services, the court shall
order the guardian to provide financial support to the protected person
to the extent the following resources do not fully support the needs of
the protected person:
      (1) The guardianship property of the protected person.
      (2) Child support or other financial assistance received by the
      guardian from the protected person's parent or parents.
      (3) Periodic payments the guardian receives from the department
      of child services for support of the protected person as set forth in
      the department of child service's rules or the terms of the
      guardianship assistance agreement.
    SECTION 158. IC 29-3-9-1, AS AMENDED BY P.L.238-2025,
SECTION 83, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. (a) As used in this section, "department" means
the department of child services established by IC 31-25-1-1.
    (b) As used in this section and except as otherwise provided in this
section, "foster care" has the meaning set forth in IC 31-9-2-46.7.
IC 31-9-2.1-107.
    (c) Except as provided in subsections (d) and (h), by a properly
executed power of attorney, a parent of a minor or a guardian (other
than a temporary guardian) of a protected person may delegate to
another person for:
      (1) any period during which the care and custody of the minor or
      protected person is entrusted to an institution furnishing care,
      custody, education, or training; or
      (2) a period not exceeding twelve (12) months;
any powers regarding health care, support, custody, or property of the
minor or protected person. A delegation described in this subsection is
effective immediately unless otherwise stated in the power of attorney.
    (d) A parent of a minor or a guardian of a protected person may not
delegate under subsection (c) the power to:
      (1) consent to the marriage or adoption of a protected person who
      is a minor; or
      (2) petition the court to request the authority to petition for
      dissolution of marriage, legal separation, or annulment of
      marriage on behalf of a protected person as provided under
      section 12.2 of this chapter.
    (e) Subject to IC 30-5-5-16, a person having a power of attorney
executed under subsection (c) has and shall exercise, for the period
during which the power is effective, all other authority of the parent or
guardian respecting the health care, support, custody, or property of the
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minor or protected person except any authority expressly excluded in
the written instrument delegating the power. The parent or guardian
remains responsible for any act or omission of the person having the
power of attorney with respect to the affairs, property, and person of the
minor or protected person as though the power of attorney had never
been executed.
    (f) A delegation of powers executed under subsection (c) does not,
as a result of the execution of the power of attorney, subject any of the
parties to any laws, rules, or regulations concerning the licensing or
regulation of foster family homes, child placing agencies, or child
caring institutions under IC 31-27.
    (g) Any child who is the subject of a power of attorney executed
under subsection (c) is not considered to be placed in foster care. The
parties to a power of attorney executed under subsection (c), including
a child, a protected person, a parent or guardian of a child or protected
person, or an attorney in fact, are not, as a result of the execution of the
power of attorney, subject to any foster care requirements or foster care
licensing regulations.
    (h) A foster family home licensed under IC 31-27-4 may not provide
overnight or regular and continuous care and supervision to a child
who is the subject of a power of attorney executed under subsection (c)
while providing care to a child placed in the home by the department
or under a juvenile court order under a foster family home license.
Upon request, the department may grant an exception to this
subsection.
    (i) A parent who:
       (1) is a member in the:
          (A) active or reserve component of the armed forces of the
          United States, including the:
             (i) United States Army;
             (ii) United States Navy;
             (iii) United States Air Force;
             (iv) United States Space Force;
             (v) United States Marine Corps;
             (vi) Indiana National Guard; or
             (vii) United States Coast Guard; or
          (B) commissioned corps of the:
             (i) National Oceanic and Atmospheric Administration; or
             (ii) Public Health Service of the United States Department
             of Health and Human Services;
          detailed by proper authority for duty with the United States
          Army or United States Navy; or
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       (2) is required to:
           (A) enter or serve in the active military service of the United
           States under a call or order of the President of the United
           States; or
           (B) serve on state active duty;
may delegate the powers designated in subsection (c) for a period
longer than twelve (12) months if the parent is on active duty service.
However, the term of delegation may not exceed the term of active duty
service plus thirty (30) days. The power of attorney must indicate that
the parent is required to enter or serve in the active military service of
the United States and include the estimated beginning and ending dates
of the active duty service.
    (j) Except as otherwise stated in the power of attorney delegating
powers under this section, a delegation of powers under this section
may be revoked at any time by a written instrument of revocation that:
       (1) identifies the power of attorney revoked; and
       (2) is signed by the:
           (A) parent of a minor; or
           (B) guardian of a protected person;
       who executed the power of attorney.
    SECTION 159. IC 29-3-12-6, AS ADDED BY P.L.115-2012,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 6. (a) If a protected person:
       (1) is a minor; and
       (2) has been adjudicated an incapacitated person;
the court may not terminate the guardianship of the protected person
when the protected person attains eighteen (18) years of age.
    (b) If a protected person is:
       (1) a minor; and
       (2) a recipient or beneficiary of financial assistance provided by
       the department of child services through a guardianship described
       in IC 31-9-2-17.8(1)(E); IC 31-9-2.1-47(1)(E);
the court may not terminate the guardianship of the protected person
when the protected person attains eighteen (18) years of age.
    SECTION 160. IC 31-9-2 IS REPEALED [EFFECTIVE JULY 1,
2026]. (Family Law and Juvenile Law Definitions).
    SECTION 161. IC 31-9-2.1 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]:
    Chapter 2.1. Definitions
    Sec. 1. The amendments made to IC 31-1-11.5-11(a) (before its
repeal, now codified at section 99 of this chapter) by P.L.170-1988
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do not apply to actions filed under IC 31-1-11.5-3 (before its repeal,
now codified at IC 31-15-2-2, IC 31-15-2-3, and IC 31-16-2-2) that
are filed before July 1, 1988.
   Sec. 2. "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.
   Sec. 3. "Abandoned infant", for purposes of IC 31-34-21-5.6,
means 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:
     (1) an environment that endangers the child's life or health;
     or
     (2) a hospital or medical facility;
and has no reasonable plan to assume the care, custody, and
control of the child.
   Sec. 4. (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.
   Sec. 5. "Act of rape", for purposes of IC 31-35-3.5, means an act
described in:
     (1) IC 35-42-4-1;
     (2) IC 35-42-4-3; or
     (3) IC 35-42-4-9.
   Sec. 6. "Active duty", for purposes of IC 31-14-13-6.3,
IC 31-17-2-21.3, IC 31-33-8-7, and IC 31-33-14-3, 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.
   Sec. 7. "Actual notice", for purposes of IC 31-19-3, means
written notice that is actually received by the putative father.
   Sec. 8. "Adoptee", for purposes of IC 31-19-17 through
IC 31-19-25.5, means a person who has been legally adopted.
   Sec. 9. "Adoption", for purposes of IC 31-19-17 through
IC 31-19-25.5, means the judicial act of creating the relationship of
parent and child where the relationship did not exist previously.
   Sec. 10. "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.
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   Sec. 11. "Adoption history", for purposes of IC 31-19-17
through IC 31-19-24, means:
     (1) identifying information (as defined in section 122 of this
     chapter);
     (2) the medical history (as defined in section 159 of this
     chapter); and
     (3) nonidentifying information (as defined in section 165 of
     this chapter).
   Sec. 11.5. "Adoption or foster care service", for purposes of
IC 31-10-3.5, refers to any one (1) or more of the following:
     (1) Promoting foster parenting.
     (2) Coordinating placement of a child in a home or facility
     licensed under IC 31-27.
     (3) Recruiting a foster parent or an adoptive parent.
     (4) Licensing or certifying a foster family home.
     (5) Promoting adoption.
     (6) Assisting with an adoption or supporting an adoptive
     parent.
     (7) Performing or assisting with a home study.
     (8) Assisting with a kinship guardianship or a kinship
     caregiver.
     (9) Providing any family preservation service.
     (10) Providing any family support service or temporary
     family reunification service.
   Sec. 12. "Adoption subsidy", for purposes of IC 31-19-26.5, has
the meaning set forth in IC 31-19-26.5-1.
   Sec. 13. "Adoptive parent", for purposes of IC 31-19-11 and
IC 31-19-17 through IC 31-19-25.5, means an adult who has
become a parent of a child through adoption.
   Sec. 14. (a) "Adult", for purposes of IC 31-19-17 through
IC 31-19-25.5, 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.
   (c) "Adult", for purposes of IC 31-11, means:
     (1) a person at least eighteen (18) years of age; or
     (2) a:
         (A) married minor who is at least sixteen (16) years of age;
         or
         (B) minor who has been completely emancipated by a
         court;
     subject to specific constitutional and statutory age
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     requirements and health and safety regulations that remain
     applicable to the person because of the person's age.
   Sec. 15. "Advisory board", for purposes of IC 31-31-9, refers to
the juvenile detention center advisory board described in
IC 31-31-9.
   Sec. 16. "Age or developmentally appropriate", for purposes of
IC 31-34 and IC 31-37, means:
     (1) activities or items that are generally:
        (A) accepted as suitable for children of the same
        chronological age or level of maturity; or
        (B) determined to be developmentally appropriate for a
        child based on the development of cognitive, emotional,
        physical, and behavioral capacities that are typical for an
        age or age group; and
     (2) in the case of a specific child, activities or items that are
     suitable for the child based on the developmental stages
     attained by the child with respect to the cognitive, emotional,
     physical, and behavioral capacities of the child.
   Sec. 17. "Alleged father", for purposes of IC 31-14, means any
man claiming to be or charged with being a child's biological
father.
   Sec. 18. (a) "Applicant", for purposes of IC 31-25-3, IC 31-25-4,
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.
   Sec. 19. "Application", for purposes of the Uniform Interstate
Family Support Act under IC 31-18.5, has the meaning set forth in
IC 31-18.5-7-1.
   Sec. 20. "Appropriate public authorities", for purposes of
IC 31-28-4, has the meaning set forth in IC 31-28-4-3.
   Sec. 21. "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);
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     (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.
   Sec. 22. "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 31-26-3.5.
   Sec. 23. "At-risk child" or "at-risk children", for purposes of
IC 31-32-3, means a child or children who:
     (1) are at risk of becoming involved in a juvenile proceeding;
     (2) are at risk of being suspended or expelled from school;
     (3) are at risk of dropping out of school;
     (4) were previously children in need of services and who are
     in need of ongoing supervision and assistance; or
     (5) have been victims of domestic violence.
   Sec. 24. "Birth parent", for purposes of IC 31-19-17 through
IC 31-19-25.5, 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.
   Sec. 25. "Blind", for purposes of IC 31-25-3, IC 31-25-4,
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 local office and
approved by the department.
   Sec. 26. (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.
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   Sec. 27. "Bureau", for purposes of IC 31-16-15 and IC 31-25,
has the meaning set forth in IC 31-25-4-1.
   Sec. 28. "Case", for purposes of IC 31-33-18-1.5, has the
meaning set forth in IC 31-33-18-1.5(d).
   Sec. 29. "Caseworker", for purposes of the juvenile law
(excluding IC 31-27), means an employee of the department of
child services who is classified as a family case manager.
   Sec. 30. "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.
   Sec. 31. "Central authority", for purposes of the Uniform
Interstate Family Support Act under IC 31-18.5, has the meaning
set forth in IC 31-18.5-7-1.
   Sec. 32. (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 31-18.5, has the meaning set forth in
IC 31-18.5-1-2.
   (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 and IC 31-27, 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.
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   (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 31-32-5, 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.
   (j) "Child", for purposes of IC 31-35-2-4.5, means an individual
who is:
      (1) less than eighteen (18) years of age; and
      (2) a delinquent child or a child in need of services.
   (k) "Child", for purposes of IC 31-33, includes an individual
who:
      (1) is at least eighteen (18) years of age but less than
      twenty-one (21) years of age; and
      (2) resides, or has previously resided, at a residential facility
      licensed by the department.
   (l) "Child", for purposes of IC 31-42, means an unemancipated
individual who is less than eighteen (18) years of age.
   Sec. 33. (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:
      (1) a child described in IC 31-34-1-1 through IC 31-34-1-5 and
      IC 31-34-1-8 through IC 31-34-1-11, regardless of whether the
      child needs care, treatment, rehabilitation, or the coercive
      intervention of a court; or
      (2) an individual who:
          (A) is at least eighteen (18) years of age but less than
          twenty-one (21) years of age;
          (B) resides, or has previously resided, at a residential
          facility licensed by the department; and
          (C) is harmed or threatened with harm as a result of:
            (i) a battery offense included in IC 35-42-2; or
            (ii) sexual activity (as defined in IC 35-42-4-13(b));
          committed by a member of the staff at the residential
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        facility.
   (b) For purposes of subsection (a), the term under subsection (a)
does not refer to a child who 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, regardless of whether the child needs
care, treatment, rehabilitation, or the coercive intervention of a
court.
   (c) "Child abuse or neglect", for purposes of IC 31-34-2.3 and
IC 31-42, refers to acts or omissions by a person against a child as
described in IC 31-34-1-1 through IC 31-34-1-11, regardless of
whether the child needs care, treatment, rehabilitation, or the
coercive intervention of a court.
   (d) "Child abuse or neglect" does not include raising or
referring to a child in a manner consistent with the child's
biological sex.
   Sec. 34. "Child advocacy center", for purposes of
IC 31-25-2-14.5 and IC 31-33-18-2, means a child focused, trauma
informed community based organization that:
     (1) is:
        (A) recognized by the Indiana Chapter of National
        Children's Alliance; and
        (B) designed to collaborate on reports of child abuse or
        neglect;
     (2) coordinates a multidisciplinary team; and
     (3) facilitates forensic interviews.
   Sec. 35. "Child at imminent risk of placement", for purposes of
IC 31-26-5, has the meaning set forth in IC 31-26-5-1.
   Sec. 36. "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.
   Sec. 37. "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).
   Sec. 38. "Child care", for purposes of section 40 of this chapter
and IC 31-27, means a service that provides for the care, health,
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safety, and supervision of a child's social, emotional, and
educational growth.
    Sec. 39. "Child care provider", for purposes of IC 31-33-26, has
the meaning set forth in IC 31-33-26-1.
    Sec. 40. "Child care worker", for purposes of IC 31-33, means
an individual who:
      (1) is:
          (A) employed, other than self-employed as an owner; or
          (B) actively seeking employment;
      with an agency, facility, or home described in section 71(b)(2)
      of this chapter;
      (2) is a child caregiver; or
      (3) has, or will have, direct contact with a child to whom the
      individual is not a relative (as defined in section 207(c)(1)
      through 207(c)(11) of this chapter) on a regular and
      continuing basis through current employment with any
      agency, facility, or home that provides:
          (A) child care; or
          (B) services to, or for the benefit of, a child who is a victim
          of child abuse or neglect (as described in section 33(c) of
          this chapter).
    Sec. 41. "Child caregiver", for purposes of sections 40 and 71 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.
    Sec. 42. "Child caring institution", for purposes of IC 31-27,
means:
      (1) a residential facility that provides child care on a
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     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.
   Sec. 43. "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.
   Sec. 44. "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.
   Sec. 45. "Child in need of services", for purposes of this title,
refers to a child described in IC 31-34-1.
   Sec. 46. "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.
   Sec. 47. "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 or kinship guardianship
           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;
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            (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; or
            (iv) other financial assistance provided to or for the
            benefit of a child who was previously adjudicated as a
            child in need of services or delinquent child, including a
            legal guardianship established to implement a
            permanency plan under IC 31-34-21-7.5(c)(1)(E) if
            IC 29-3-8-9 applies and the assistance is approved under
            a rule or published policy of the department.
      (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).
   Sec. 48. "Child support guidelines", for purposes of
IC 31-16-8-1, refers to the guidelines adopted by the Indiana
supreme court.
   Sec. 49. "Child support order", for purposes of the Uniform
Interstate Family Support Act under IC 31-18.5, has the meaning
set forth in IC 31-18.5-1-2.
   Sec. 50. "Child welfare agency", for purposes of IC 31-25-2-20.4
and IC 31-33-18-1.6, 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.
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   Sec. 51. "Child welfare program", for purposes of this title, has
the meaning set forth in IC 31-26-3.5-1.
   Sec. 52. "Child welfare services", for purposes of this title,
means services provided under a child welfare program.
   Sec. 53. "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)).
   Sec. 54. "Child with special needs", for purposes of
IC 31-19-26.5, has the meaning set forth in IC 31-19-26.5-2.
   Sec. 55. "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.
   Sec. 56. "Compact", for purposes of IC 31-37-23, has the
meaning set forth in IC 31-37-23-2.
   Sec. 57. (a) Subject to subsection (b), "concurrent planning", for
purposes of IC 31-34 and IC 31-35, means the establishment of a
case plan with concurrent permanency plan goals, including the
following:
      (1) Return to or continuation of existing custodial care within
      the home of the child's parent, guardian, or custodian or
      placement of the child with the child's noncustodial parent.
      (2) Placement of the child for adoption.
      (3) Placement of the child with a fit and willing relative who
      is able and willing to act as the child's permanent custodian
      and carry out the responsibilities required by the permanency
      plan.
      (4) Appointment of a legal guardian.
      (5) A supervised independent living arrangement or foster
      care for the child with a permanency plan of another planned,
      permanent living arrangement. However, a child less than
      sixteen (16) years of age may not have another planned,
      permanent living arrangement as the child's permanency
      plan.
   (b) "Concurrent planning", for purposes of IC 31-34, requires
the identification of two (2) permanency plan goals and
simultaneous reasonable efforts toward both goals with knowledge
of all participants.
   Sec. 58. "Conduct a criminal history check", for purposes of
IC 31-19, IC 31-26, IC 31-27, IC 31-28, IC 31-33, IC 31-34,
IC 31-37, and IC 31-39-2-13.5, means to:
      (1) request:
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      (A) the state police department to 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 provided by
         IC 10-13-3-27.5; or
      (B) if an individual has:
         (i) a physical disability that prevents fingerprinting and
         a person approved by the department who is trained to
         take fingerprints or a qualified medical practitioner (as
         defined in section 196 of this chapter) verifies that the
         individual has a disabling condition that prevents
         fingerprinting; or
         (ii) low quality fingerprints, as a result of age,
         occupation, or otherwise, that prevent fingerprint results
         from being obtained and the individual's fingerprints
         have been rejected the required number of times by
         automated fingerprint classification equipment or
         rejected by a person designated by the Indiana state
         police department to examine and classify fingerprints;
      the state police department to conduct a national name
      based criminal history record check (as defined in
      IC 10-13-3-12.5) or request the state police department to
      release or allow inspection of a limited criminal history (as
      defined in IC 10-13-3-11) and the state police in every state
      the individual has resided in the past five (5) years to
      release or allow inspection of the state's criminal history;
   (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 who is fourteen (14) years of age or
   older, or a person for whom a fingerprint based criminal
   history background check is required under this title, resided
   within the previous five (5) years;
   (3) conduct a check of the national sex offender registry
   maintained by the United States Department of Justice for all
   persons who are at least fourteen (14) years of age; and
   (4) conduct a check of local criminal records in every
   jurisdiction where a person who is at least eighteen (18) years
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     of age has resided within the previous five (5) years unless the
     department of child services or a court grants an exception to
     conducting this check.
   Sec. 59. "Contact", for purposes of IC 31-33-18-1.5, has the
meaning set forth in IC 31-33-18-1.5(d).
   Sec. 60. "Contact preference form" means the form prescribed
by the state registrar under IC 31-19-25-4.6.
   Sec. 61. "Controlled substance", for purposes of the juvenile
law, has the meaning set forth in IC 35-48-1.1.
   Sec. 62. "Convention", for purposes of the Uniform Interstate
Family Support Act under IC 31-18.5, has the meaning set forth in
IC 31-18.5-1-2.
   Sec. 63. "Convention support order", for purposes of the
Uniform Interstate Family Support Act under IC 31-18.5, has the
meaning set forth in IC 31-18.5-7-1.
   Sec. 64. "Costs of secure detention", for purposes of this title,
has the meaning set forth in IC 31-40-1-1.5.
   Sec. 65. "Council", for purposes of IC 31-31-9, refers to the
city-county council of the consolidated city within the county.
   Sec. 66. (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.
   Sec. 67. (a) "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,
IC 31-32-3-10.5, 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
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     (3) may research, examine, advocate, facilitate, and monitor
     a child's situation.
   (b) "Court appointed special advocate", for purposes of
IC 31-32-3-10.5, IC 31-33, IC 31-34, IC 31-35, and IC 31-37, means
a community volunteer who:
     (1) has completed a training program approved by the court
     that includes training in:
        (A) the identification and treatment of child abuse and
        neglect; and
        (B) early childhood, child, and adolescent development;
     as required by 42 U.S.C. 5106a(b)(2)(B)(xiii);
     (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.
   Sec. 68. "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.
   Sec. 69. "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 vandalism 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, IC 35-46-1-15.1, or
     IC 35-46-1-15.3.
     (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.
   Sec. 70. "Custodial parent", for purposes of IC 31-14-13-8,
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IC 31-14-15, IC 31-16-6-1.5, 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.
   Sec. 71. (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 12-7-2.1-58, 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 12-7-2.1-267(5);
         (D) a home, center, or facility that is the location of a
         program that provides child care, as defined in section 38
         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 220 of this chapter;
     (3) a child caregiver, as defined in section 41 of this chapter;
     (4) a member of the household of the child's noncustodial
     parent; or
     (5) an individual who has or intends to have direct contact, on
     a regular and continuing basis, with a child for whom the
     individual provides care and supervision.
   Sec. 72. "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
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      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 section 108 of this chapter).
    Sec. 73. (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.
    Sec. 74. (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.
    Sec. 75. "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.
    Sec. 76. "Department", for purposes of this chapter, IC 31-19,
and IC 31-25 through IC 31-40, has the meaning set forth in
IC 31-25-2-1.
    Sec. 77. "Dependent child" or "neglected child", for purposes
of IC 31-37-23, has the meaning set forth in IC 31-37-23-5.
    Sec. 78. "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
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     not require the individual to be made a public ward.
   Sec. 79. "Detention tool" means a validated instrument that
assesses a child's risk for rearrest in order to inform a decision on
the use of secure detention.
   Sec. 80. "Diagnostic assessment" means a clinical evaluation
provided by a certified professional in order to gather information
to determine appropriate behavioral health treatment for a child.
   Sec. 81. "Direct request", for purposes of the Uniform Interstate
Family Support Act under IC 31-18.5, has the meaning set forth in
IC 31-18.5-7-1.
   Sec. 82. "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.
   Sec. 82.5. "Discriminate", for purposes of IC 31-10-3.5, includes
any one (1) or more of the following acts when done wholly or
partially based on a person's sincerely held religious belief:
     (1) Denying or otherwise making unavailable any funding to
     the person, including:
         (A) a state grant;
         (B) a loan;
         (C) a scholarship;
         (D) a guarantee; or
         (E) an entitlement or a state benefit.
     (2) Terminating, altering the terms of, or refusing to enter
     into a contract with the person, including a subcontract or
     cooperative agreement.
     (3) Refusing to recognize or taking any adverse action against
     a person's:
         (A) license;
         (B) certificate;
         (C) custody award or agreement; or
         (D) any other similar status.
     (4) Refusing to place a child with the person, except for the
     reasons set forth in IC 31-10-3.5-1.
     (5) Altering in any way the person's tax treatment, including:
         (A) imposing a tax penalty;
         (B) denying or otherwise making unavailable an exemption
         from taxation; or
         (C) disallowing or otherwise making unavailable a
         deduction for state tax purposes of any charitable donation
         made by or to the person.
     (6) Imposing on the person any of the following:
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         (A) A monetary fine.
         (B) A fee.
         (C) A penalty.
         (D) A damages award.
         (E) An injunction.
      (7) Taking any of the following actions:
         (A) Refusing to hire or promote the person.
         (B) Forcing the person to resign.
         (C) Firing, demoting, or disciplining the person.
         (D) Altering the terms or conditions of the person's
         employment.
         (E) Retaliating against the person.
         (F) Taking any other adverse employment action against
         the person.
    Sec. 83. "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.
    Sec. 84. "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) Abusing (as described in IC 35-46-3-0.5), torturing (as
      described in IC 35-46-3-0.5), mutilating (as described in
      IC 35-46-3-0.5), 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.
    Sec. 85. "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.
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   Sec. 86. "Duty of support", for purposes of the Uniform
Interstate Family Support Act under IC 31-18.5, has the meaning
set forth in IC 31-18.5-1-2.
   Sec. 87. "Early intervention advocate", for purposes of
IC 31-32-3, means a volunteer or staff member of a preventative
program who is appointed by the court as an officer of the court to
assist, represent, and protect the interests of at-risk children.
   Sec. 88. "Emergency medical services provider" has the
meaning set forth in IC 16-41-10-1.
   Sec. 89. "Emergency shelter", for purposes of IC 31-27, means
a short term place of residence, other than a private secure facility,
that:
      (1) is not locked to prevent a child's departure unless the
      administrator determines that locking is necessary to protect
      the child's health; and
      (2) provides twenty-four (24) hours a day temporary care for
      not more than sixty (60) consecutive days to a child who is
      admitted on an emergency basis.
   Sec. 90. "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.
   Sec. 91. "Executive authority", for purposes of IC 31-37-23, has
the meaning set forth in IC 31-37-23-6.
   Sec. 92. (a) "Exigent circumstances", as applied to an action by
the department with regard to a child, means that:
      (1) the department has definite and articulable evidence
      giving rise to a reasonable suspicion that the child or a child
      residing in the home with the child:
         (A) has been or is in imminent danger of being physically
         or sexually abused; or
         (B) has been or is in imminent danger of being neglected in
         a manner that would lead a reasonable person to believe
         the child's physical safety is seriously endangered;
      (2) there is no less intrusive alternative to the department's
      action that would reasonably and sufficiently protect the
      child's imminent health or safety; and
      (3) one (1) or more of the following applies:
         (A) The parent, guardian, or custodian of the child:
            (i) is the alleged perpetrator of the abuse or neglect of
            the child; or
            (ii) is allegedly aware of the abuse or neglect of the child
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            and has allegedly not ensured the child's safety.
         (B) There is reason to believe that:
            (i) the safety of the child might be jeopardized; or
            (ii) essential evidence regarding signs or symptoms of
            abuse or neglect under subdivision (1) on or in the child's
            body might not be available;
         if the department's action is delayed or the child's parent,
         guardian, or custodian is notified before the department's
         action.
         (C) The child is a homeless unaccompanied minor and is
         voluntarily receiving services at an emergency shelter or
         shelter care facility without the presence or consent of the
         child's parent, guardian, or custodian.
   (b) An allegation of educational neglect does not qualify as an
exigent circumstance.
   Sec. 93. (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.
   Sec. 94. "Family preservation services", for purposes of
IC 31-26-5 and 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
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      disruption by assisting the family to achieve or maintain a
      stable, successful adoption of the child.
    Sec. 95. "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.
    Sec. 96. "Fentanyl containing substance", for purposes of the
juvenile law, has the meaning set forth in IC 35-31.5-2-130.6.
    Sec. 97. "Fentanyl related substance", for purposes of the
juvenile law, has the meaning set forth in IC 35-31.5-2-130.5.
    Sec. 98. "Final agency action" means, with respect to an
administrative action taken by the department, the issuance of an
order by the ultimate authority of the department that:
      (1) disposes of all issues for all parties to an administrative
      proceeding regarding the action after the parties to the
      administrative proceeding have exhausted all administrative
      remedies concerning the action; and
      (2) is designated as a final order by the ultimate authority of
      the department.
    Sec. 99. "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).
    Sec. 100. "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.
    Sec. 101. "Foreign central authority", for purposes of the
Uniform Interstate Family Support Act under IC 31-18.5, has the
meaning set forth in IC 31-18.5-7-1.
    Sec. 102. "Foreign country", for purposes of the Uniform
Interstate Family Support Act under IC 31-18.5, has the meaning
set forth in IC 31-18.5-1-2.
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   Sec. 103. "Foreign support agreement", for purposes of the
Uniform Interstate Family Support Act under IC 31-18.5, has the
meaning set forth in IC 31-18.5-7-1.
   Sec. 104. "Foreign support order", for purposes of the Uniform
Interstate Family Support Act under IC 31-18.5, has the meaning
set forth in IC 31-18.5-1-2.
   Sec. 105. "Foreign tribunal", for purposes of the Uniform
Interstate Family Support Act under IC 31-18.5, has the meaning
set forth in IC 31-18.5-1-2.
   Sec. 106. "Forensic interview", for purposes of section 34 of this
chapter and IC 31-25-2-14.5, means an interview in response to a
report of child abuse or neglect conducted by a professional
specially trained in a nationally recognized model using a
multidisciplinary team approach.
   Sec. 107. "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, IC 31-34-21-7.6, and
IC 31-37-22-10, means living in:
      (1) a place licensed under IC 31-27 or a comparable law of
      another state; or
      (2) the home of an adult relative who is not licensed as a foster
      family home.
   Sec. 108. "Foster family home", for purposes of IC 31-27 and
IC 31-34-23-6, means a place where an individual resides and
provides care and supervision on a twenty-four (24) hour basis to
a child, as defined in section 32(d) of this chapter, who is receiving
care and supervision under a juvenile court order or for purposes
of placement.
   Sec. 109. "Foster parent", for purposes of the juvenile law,
means an individual who provides care and supervision to a child
in a foster family home (as defined in section 108 of this chapter).
The term includes a licensed kinship caregiver and an unlicensed
kinship caregiver.
   Sec. 110. (a) "Foster youth", for purposes of IC 31-25-2-29,
refers to an individual:
      (1) who is at least twelve (12) years of age;
      (2) who is not more than twenty-three (23) years of age;
      (3) who:
         (A) is a child in need of services under IC 31-34-1; or
         (B) is receiving collaborative care (as defined in
         IC 31-28-5.8-1); and
      (4) who is in an out-of-home placement.
   (b) "Foster youth", for purposes of IC 31-26-4.5, refers to an
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individual:
      (1) who is at least fifteen (15) years of age;
      (2) who is not more than twenty-three (23) years of age; and
      (3) who:
         (A) is adjudicated a child in need of services under
         IC 31-34-1; or
         (B) was in foster care when the individual became an adult
         (as defined in section 14(b) of this chapter).
   Sec. 111. "Fund", for purposes of IC 31-26-4, has the meaning
set forth in IC 31-26-4-3.
   Sec. 112. (a) "Governmental entity", for purposes of IC 31-42,
means the whole or any part of a branch, department, agency, or
instrumentality, or an official, or other individual or entity, acting
under color of law of any of the following:
      (1) State government.
      (2) A political subdivision (as defined in IC 36-1-2-13).
      (3) An instrumentality of a governmental entity described in
      subdivision (1) or (2), including a state educational institution,
      a body politic, a body corporate and politic, or any other
      similar entity established by law.
   (b) The term does not include a hospital that is established and
operated under IC 16-22-2, IC 16-22-8, or IC 16-23.
   Sec. 113. "Governor", for purposes of IC 31-18.5-8, in the
Uniform Interstate Family Support Act, has the meaning set forth
in IC 31-18.5-8-1.
   Sec. 114. "Grandparent visitation", for purposes of
IC 31-17-2.2, means visitation rights granted to a grandparent
under IC 31-17-5.
   Sec. 115. "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.
   Sec. 116. (a) "Guardian", for purposes of IC 31-11-10-1,
IC 31-15-2-5, and IC 31-15-3-4, has the meaning set forth in
IC 29-3-1-6.
   (b) "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.
   Sec. 117. (a) "Guardian ad litem", for purposes of IC 31-15-6,
IC 31-19-16, IC 31-19-16.5, IC 31-28-5, IC 31-32-3-10.5, 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:
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     (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 67 of this chapter.
   (b) "Guardian ad litem", for purposes of IC 31-32-3-10.5,
IC 31-33, IC 31-34, IC 31-35, and IC 31-37, means an attorney, a
volunteer, or an employee of a county program designated under
IC 33-24-6-4 who:
     (1) is appointed by a court to represent and protect the best
     interests of a child;
     (2) is appointed by a court to 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; and
     (3) has completed training appropriate for the person's role,
     including training in:
        (A) the identification and treatment of child abuse and
        neglect; and
        (B) early childhood, child, and adolescent development;
     as required by 42 U.S.C. 5106a(b)(2)(B)(xiii).
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 67 of this chapter.
   Sec. 118. "Hard to place child" or "hard to place children", for
purposes of IC 31-19 and IC 31-34, means a child who is or
children who are disadvantaged:
     (1) because of:
        (A) ethnic background;
        (B) race;
        (C) color;
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         (D) language;
         (E) physical, mental, or medical disability; or
         (F) age; or
     (2) because the child or children are members of a sibling
     group that should be placed in the same home.
   Sec. 119. "Health care", for purposes of IC 31-42, has the
meaning set forth in IC 16-36-1-1.
   Sec. 120. "Health care provider", for purposes of IC 31-32-6-4,
IC 31-32-11-1, and IC 31-33, means any of the following:
     (1) A licensed physician, intern, or resident.
     (2) An osteopath.
     (3) A chiropractor.
     (4) A dentist.
     (5) A podiatrist.
     (6) A registered nurse or other licensed nurse.
     (7) A mental health professional.
     (8) A paramedic or an emergency medical technician.
     (9) A social worker, an x-ray technician, or a laboratory
     technician employed by a hospital.
     (10) A pharmacist.
     (11) A person working under the direction of any of the
     practitioners listed in subdivisions (1) through (10).
   Sec. 121. (a) "Home state", for purposes of the Uniform Child
Custody Jurisdiction Act under IC 31-21, has the meaning set forth
in IC 31-21-2-8.
   (b) "Home state", for purposes of the Uniform Interstate Family
Support Act under IC 31-18.5, has the meaning set forth in
IC 31-18.5-1-2.
   Sec. 122. "Identifying information", for purposes of
IC 31-19-9-6 and IC 31-19-17 through IC 31-19-25.5, means:
     (1) any name that a party to an adoption has used or is using;
     (2) any address that a party to an adoption has used or is
     using;
     (3) the original certificates of birth stored with the Indiana
     department of health with evidence of adoption under
     IC 31-19-13-2; and
     (4) any other information, except the medical history, that
     may identify a person as a party to an adoption or as a birth
     parent, an adoptee, or an adoptive parent.
   Sec. 123. "Incapacitated person", for purposes of IC 31-11-10-1,
IC 31-15-2-5, and IC 31-15-3-4, has the meaning set forth in
IC 29-3-1-7.5.
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   Sec. 124. "Incarceration", for purposes of IC 31-16 and
IC 31-25-4, means confinement of an individual on a full-time basis
in a place of detention that prohibits the individual from gainful
employment, including home detention or a municipal, county,
state, or federal prison or jail. The term does not include an
individual on parole, probation, work release, community
corrections, or any other detention alternative program that allows
the individual to be gainfully employed.
   Sec. 125. "Includes" means includes but is not limited to.
   Sec. 126. (a) "Income", for purposes of IC 31-16-15 and
IC 31-16-16, means anything of value owed to an obligor.
   (b) "Income", for purposes of the Uniform Interstate Family
Support Act under IC 31-18.5, means earnings or other periodic
entitlements to money from any source, and any other property
subject to withholding for support under Indiana law (as defined
in IC 31-18.5-1-2).
   Sec. 127. (a) "Income payor", for purposes of IC 31-16-15 and
IC 31-16-16, means an employer or other person who owes income
to an obligor (as defined in section 170(a) of this chapter).
   (b) "Income payor", for purposes of the Uniform Interstate
Family Support Act under IC 31-18.5, means an employer or other
person who owes income to an obligor (as defined in
IC 31-18.5-1-2).
   Sec. 128. (a) "Income withholding order", for purposes of
IC 31-16-15 and IC 31-16-16, means an order or other legal
process directed to an obligor's income payor to withhold:
      (1) support; and
      (2) support fees and maintenance fees as described in
      IC 33-37-5-6;
from the income of the obligor.
   (b) "Income withholding order", for purposes of the Uniform
Interstate Family Support Act under IC 31-18.5, has the meaning
set forth in IC 31-18.5-1-2.
   Sec. 128.7. "Independent activity", for purposes of IC 31-34-1-1,
includes any of the following when done by a child without the
supervision of a parent, guardian, or custodian:
      (1) Traveling on foot, by bicycle, or by public transportation.
      (2) Playing outdoors.
      (3) Remaining at home.
      (4) Remaining in a stationary vehicle.
   Sec. 129. "Index", for purposes of IC 31-33-26, means the child
protection index established under IC 31-33-26-2.
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   Sec. 130. "Indian child" has the same meaning as the term is
defined in the Indian Child Welfare Act (25 U.S.C. 1901 et seq.).
   Sec. 131. "Initial determination", for purposes of the Uniform
Child Custody Jurisdiction Act under IC 31-21, has the meaning
set forth in IC 31-21-2-9.
   Sec. 132. "Initiating tribunal", for purposes of the Uniform
Interstate Family Support Act under IC 31-18.5, has the meaning
set forth in IC 31-18.5-1-2.
   Sec. 133. "Intake officer", for purposes of the juvenile law,
means a probation officer or a caseworker who performs the
intake, preliminary inquiry, or other functions specified by the
juvenile court or by the juvenile law.
   Sec. 134. "Intended biological parent", for purposes of sections
240 and 241 of this chapter, means a party to a surrogate
agreement who:
      (1) agrees to be or is genetically related to a child borne by a
      surrogate; and
      (2) is not the surrogate's spouse.
   Sec. 135. "Interested person", for purposes of IC 31-19-20 and
IC 31-19-24, means any of the following:
      (1) An adoptee.
      (2) A birth parent.
      (3) An adoptive parent.
      (4) A relative of a birth parent.
      (5) A relative of an adoptive parent.
      (6) A relative of an adoptee.
      (7) A pre-adoptive sibling (as defined in section 182 of this
      chapter).
      (8) The department.
      (9) An adoption agency.
      (10) A court.
   Sec. 136. "Issuing court", for purposes of the Uniform Child
Custody Jurisdiction Act under IC 31-21, has the meaning set forth
in IC 31-21-2-10.
   Sec. 137. "Issuing foreign country", for purposes of the Uniform
Interstate Family Support Act under IC 31-18.5, has the meaning
set forth in IC 31-18.5-1-2.
   Sec. 138. (a) "Issuing state", for purposes of the Uniform
Interstate Family Support Act under IC 31-18.5, has the meaning
set forth in IC 31-18.5-1-2.
   (b) "Issuing state", for purposes of the Uniform Child Custody
Jurisdiction Act under IC 31-21, has the meaning set forth in
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IC 31-21-2-11.
   Sec. 139. "Issuing tribunal", for purposes of the Uniform
Interstate Family Support Act under IC 31-18.5, has the meaning
set forth in IC 31-18.5-1-2.
   Sec. 140. "Joint legal custody", for purposes of IC 31-14-13,
IC 31-17-2-13, IC 31-17-2-14, and IC 31-17-2-15, means that the
persons awarded joint custody will share authority and
responsibility for the major decisions concerning the child's
upbringing, including the child's education, health care, and
religious training.
   Sec. 141. "Judge", for purposes of the juvenile law, refers to the
judge of the juvenile court.
   Sec. 142. "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.
   Sec. 143. "Juvenile court", for purposes of the juvenile law,
refers to a court having juvenile jurisdiction.
   Sec. 144. "Juvenile detention facility", for purposes of the
juvenile law, means a facility described in IC 31-31-8-2.
   Sec. 145. "Juvenile diversion" has the meaning set forth in
IC 31-37-8.5-1.
   Sec. 146. "Juvenile law" refers to IC 31-30 through IC 31-40.
   Sec. 147. "Kinship care navigator program", for purposes of
IC 31-25-2-25, means the program established by the department
of child services to assist kinship caregivers in learning about,
finding, and using programs and services to meet the needs of the
caregivers and of the children the caregivers are raising, and to
promote effective partnerships among public and private agencies
to ensure kinship caregiver families are served.
   Sec. 148. "Law", for purposes of the Uniform Interstate Family
Support Act under IC 31-18.5, has the meaning set forth in
IC 31-18.5-1-2.
   Sec. 149. "Law enforcement agency", for purposes of IC 31-36,
means a governmental agency or department whose principal
function is the apprehension of criminal offenders.
   Sec. 150. "Legal settlement", for purposes of IC 31-34-20-5,
IC 31-34-21-10, IC 31-37-19-26, and IC 31-37-20-6, has the
meaning set forth in IC 20-18-2-11.
   Sec. 151. "Legend drug", for purposes of the juvenile law, has
the meaning set forth in IC 16-18-2-199.
   Sec. 152. "Licensed kinship caregiver" means a relative who is:
      (1) providing care and supervision to a child under a court
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      order for purposes of placement in a child in need of services
      case or juvenile delinquency case; and
      (2) licensed as a foster parent under IC 31-27-4.
   Sec. 153. "Licensee", for purposes of IC 31-27, means a person
who holds a valid license issued under IC 31-27.
   Sec. 154. "Lifetime sex or violent offender" has the meaning set
forth in IC 34-28-2-1.5.
   Sec. 155. "Local law enforcement authority" has the meaning
set forth in IC 11-8-8-2.
   Sec. 156. "Local office", for purposes of this title, refers to a
local office established by the department to serve a county or a
region.
   Sec. 157. "Long term foster parent", for purposes of
IC 31-32-2.5 and IC 31-34-21, means a foster parent who has
provided care and supervision for a child:
      (1) for at least the twelve (12) most recent months;
      (2) for at least fifteen (15) months of the most recent
      twenty-two (22) months; or
      (3) if the child is less than twelve (12) months of age, for at
      least six (6) months.
   Sec. 158. "Maternal or paternal grandparent", for purposes of
IC 31-17-5, includes:
      (1) the adoptive parent of the child's parent;
      (2) the parent of the child's adoptive parent; and
      (3) the parent of the child's parent.
   Sec. 159. "Medical history", for purposes of IC 31-19-18
through IC 31-19-20, means:
      (1) a comprehensive report required by IC 31-19-2-7; and
      (2) any voluntary medical information transmitted to the state
      registrar under IC 31-19-18-3.
   Sec. 160. "Medical information", for purposes of IC 31-19-18,
IC 31-19-20, and IC 31-19-24, means any information that may
affect the medical history of an adoptee.
   Sec. 161. "Modification", for purposes of the Uniform Child
Custody Jurisdiction Act under IC 31-21, has the meaning set forth
in IC 31-21-2-12.
   Sec. 162. "Monitor", for purposes of IC 31-27, means
observation to determine the licensee's continuing compliance with
IC 31-27.
   Sec. 162.5. "Near fatality", for purposes of IC 31-33-18.5, means
a severe childhood injury or condition that is certified by a
physician as being life threatening.
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    Sec. 163. "Neglected child" or "dependent child", for purposes
of IC 31-37-23, has the meaning set forth in IC 31-37-23-5.
    Sec. 164. "Noncustodial parent", for purposes of IC 31-14-15,
IC 31-16-6-1.5, and IC 31-17-4, means the parent who is not the
custodial parent.
    Sec. 165. "Nonidentifying information", for purposes of
IC 31-19-18, IC 31-19-21, IC 31-19-23, and IC 31-19-24, means any
information, other than a medical history, that:
      (1) concerns an interested person to an adoption; and
      (2) does not identify a birth parent, an adoptive parent, or an
      adoptee.
    Sec. 166. "Nonrelocating individual", for purposes of
IC 31-14-13 and IC 31-17-2.2, means an individual who has, or has
filed an action seeking:
      (1) custody of the child, whether by court order or by
      paternity affidavit under IC 16-37-2;
      (2) parenting time with the child, whether by court order or
      by paternity affidavit under IC 16-37-2; or
      (3) visitation with the child under IC 31-17-5.
    Sec. 167. "Nonrelocating parent", for purposes of IC 31-14-13
and IC 31-17-2.2, means a parent of a child who has or is seeking:
      (1) custody of the child, whether by court order or by
      paternity affidavit under IC 16-37-2; or
      (2) parenting time with the child, whether by court order or
      by paternity affidavit under IC 16-37-2;
and does not intend to move the individual's principal residence.
    Sec. 168. "Nonwaivable offense", for purposes of this title,
means a conviction of any of the following felonies:
      (1) Murder (IC 35-42-1-1).
      (2) Causing suicide (IC 35-42-1-2).
      (3) Assisting suicide (IC 35-42-1-2.5).
      (4) Voluntary manslaughter (IC 35-42-1-3).
      (5) Involuntary manslaughter (IC 35-42-1-4).
      (6) Reckless homicide (IC 35-42-1-5).
      (7) Feticide (IC 35-42-1-6).
      (8) Battery (IC 35-42-2-1) within the past five (5) years.
      (9) Domestic battery (IC 35-42-2-1.3).
      (10) Aggravated battery (IC 35-42-2-1.5).
      (11) Criminal recklessness (IC 35-42-2-2) within the past five
      (5) years.
      (12) Strangulation (IC 35-42-2-9).
      (13) Kidnapping (IC 35-42-3-2).
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     (14) Criminal confinement (IC 35-42-3-3) within the past five
     (5) years.
     (15) Human and sexual trafficking (IC 35-42-3.5).
     (16) A felony sex offense under IC 35-42-4.
     (17) Arson (IC 35-43-1-1) within the past five (5) years.
     (18) Incest (IC 35-46-1-3).
     (19) Neglect of a dependent (IC 35-46-1-4(a) and
     IC 35-46-1-4(b)).
     (20) Child selling (IC 35-46-1-4(d)).
     (21) Reckless supervision (IC 35-46-1-4.1).
     (22) Nonsupport of a dependent child (IC 35-46-1-5) within
     the past five (5) years.
     (23) Operating a motorboat while intoxicated (IC 35-46-9-6)
     within the past five (5) years.
     (24) A felony involving a weapon under IC 35-47 within the
     past five (5) years.
     (25) A felony relating to controlled substances under
     IC 35-48-4 within the past five (5) years.
     (26) An offense relating to material or a performance that is
     harmful to minors or obscene under IC 35-49-3.
     (27) A felony under IC 9-30-5 within the past five (5) years.
     (28) A felony related to the health or safety of a child (as
     defined in section 32(h) of this chapter) or an endangered
     adult (as defined in IC 12-10-3-2).
   Sec. 169. (a) "Obligee", for purposes of IC 31-16-15 and
IC 31-16-16, means a person who is entitled to receive a payment
under a support order.
   (b) "Obligee", for purposes of the Uniform Interstate Family
Support Act under IC 31-18.5, has the meaning set forth in
IC 31-18.5-1-2.
   Sec. 170. (a) "Obligor", for purposes of IC 31-16-15 and
IC 31-16-16, means an individual who has been ordered by a court
to pay child support.
   (b) "Obligor", for purposes of the Uniform Interstate Family
Support Act under IC 31-18.5, has the meaning set forth in
IC 31-18.5-1-2.
   (c) "Obligor", for purposes of IC 31-25-4, has the meaning set
forth in IC 31-25-4-4.
   Sec. 171. "Office of administrative law proceedings" means the
office of administrative law proceedings established by
IC 4-15-10.5-7.
   Sec. 172. "Omission", for purposes of IC 31-34-1-2, means an
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occurrence in which the parent, guardian, or custodian allowed the
child of the parent, guardian, or custodian to receive an injury that
the parent, guardian, or custodian had a reasonable opportunity to
prevent or mitigate.
   Sec. 173. "Outside this state", for purposes of the Uniform
Interstate Family Support Act under IC 31-18.5, has the meaning
set forth in IC 31-18.5-1-2.
   Sec. 174. (a) "Parent", for purposes of the juvenile law, means
a biological or an adoptive parent. Unless otherwise specified, the
term includes both parents, regardless of their marital status.
   (b) "Parent", for purposes of IC 31-34-1, IC 31-34-8,
IC 31-34-19, IC 31-34-20, and IC 31-35-2, includes an alleged
father.
   (c) "Parent", for purposes of IC 31-42, means a child's:
      (1) biological father or mother;
      (2) adopting father or mother; or
      (3) court appointed guardian or custodian.
   Sec. 175. "Parenting time" means the time set aside by a court
order for a parent and child to spend together.
   Sec. 176. "Permanency roundtable", for purposes of
IC 31-34-21-5.7 and IC 31-37-20-3, means an intervention designed
to facilitate the permanency planning process for youth placed
out-of-home by identifying solutions for permanency obstacles.
   Sec. 177. (a) "Person", for purposes of IC 31-19-19, IC 31-19-25,
and the juvenile law, means:
      (1) a human being;
      (2) a corporation;
      (3) a limited liability company;
      (4) a partnership;
      (5) an unincorporated association; or
      (6) a governmental entity.
   (b) "Person", for purposes of section 93 of this chapter, means
an adult or a minor.
   (c) "Person", for purposes of IC 31-27, means an individual who
is at least twenty-one (21) years of age, a corporation, a
partnership, a voluntary association, or other entity.
   (d) "Person", for purposes of the Uniform Child Custody
Jurisdiction Act under IC 31-21, has the meaning set forth in
IC 31-21-2-13.
   (e) "Person", for purposes of the Uniform Interstate Family
Support Act under IC 31-18.5, has the meaning set forth in
IC 31-18.5-1-2.
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   (f) "Person", for purposes of IC 31-10-3.5, means:
     (1) an individual; or
     (2) a legal entity, including a religious organization.
   Sec. 178. "Person acting as a parent", for purposes of the
Uniform Child Custody Jurisdiction Act under IC 31-21, has the
meaning set forth in IC 31-21-2-14.
   Sec. 179. "Petitioner", for purposes of the Uniform Child
Custody Jurisdiction Act under IC 31-21, has the meaning set forth
in IC 31-21-2-15.
   Sec. 180. "Physical custody", for purposes of the Uniform Child
Custody Jurisdiction Act under IC 31-21, has the meaning set forth
in IC 31-21-2-16.
   Sec. 181. (a) "Plan", for purposes of IC 31-26-6, has the
meaning set forth in IC 31-26-6-1.
   (b) "Plan", for purposes of IC 31-25-4, has the meaning set forth
in IC 31-25-4-5.
   Sec. 182. "Pre-adoptive sibling", for purposes of:
     (1) IC 31-19-18;
     (2) IC 31-19-16.5;
     (3) IC 31-19-24; and
     (4) IC 31-19-25.5;
means a person who would have been a sibling of an adoptee had
the adoptee not been adopted, regardless of whether the person is
born before or after the adoptee's adoption is finalized.
   Sec. 183. "Preliminary inquiry", for purposes of IC 31-34 and
IC 31-37, means an informal investigation into the facts and
circumstances reported to the court.
   Sec. 184. "Premarital agreement", for purposes of the Uniform
Premarital Agreement Act under IC 31-11-3, has the meaning set
forth in IC 31-11-3-2.
   Sec. 185. "Prior family law and juvenile law", for purposes of
IC 31-10, refers to the statutes that are repealed or amended in the
recodification act of the 1997 regular session of the general
assembly as the statutes existed before the effective date of the
applicable or corresponding provision of the recodification act of
the 1997 regular session of the general assembly.
   Sec. 186. (a) Except as provided in subsection (b), "private
secure facility", for purposes of the juvenile law, means the
following:
     (1) A facility that is licensed under IC 31-27 to operate as a
     private secure facility.
     (2) A private facility that is licensed in another state to
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      provide residential care and treatment to one (1) or more
      children in a secure facility other than a detention center,
      prison, jail, or similar correctional facility.
   (b) "Private secure facility", for purposes of IC 31-27, means a
private secure facility other than the following:
      (1) A juvenile detention facility established under IC 31-31-8
      or IC 31-31-9 (or IC 31-6-9-5 or IC 31-6-9.5 before their
      repeal).
      (2) A facility operated by the department of correction.
      (3) A county jail.
      (4) A detention center operated by a county sheriff.
   Sec. 187. "Probation or parole", 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.
   Sec. 188. "Professional health care provider", for purposes of
IC 31-19-25, has the meaning set forth in IC 34-6-2.1-165.
   Sec. 189. "Project", for purposes of IC 31-26-4, has the meaning
set forth in IC 31-26-4-4.
   Sec. 190. (a) "Property", for purposes of the Uniform
Premarital Agreement Act under IC 31-11-3, has the meaning set
forth in IC 31-11-3-3.
   (b) "Property", for purposes of IC 31-15, IC 31-16, and
IC 31-17, means all the assets of either party or both parties,
including:
      (1) a present right to withdraw pension or retirement
      benefits;
      (2) the right to receive pension or retirement benefits that are
      not forfeited upon termination of employment or that are
      vested (as defined in Section 411 of the Internal Revenue
      Code) but that are payable after the dissolution of marriage;
      and
      (3) the right to receive disposable retired or retainer pay (as
      defined in 10 U.S.C. 1408(a)) acquired during the marriage
      that is or may be payable after the dissolution of marriage.
   Sec. 191. "Prosecuting attorney", for purposes of the juvenile
law, means the prosecuting attorney or the prosecuting attorney's
deputy.
   Sec. 192. "Prospective adoptive parent", for purposes of
IC 31-19-2-15, means a person who has filed a petition for adoption
of a child under IC 31-19-2-2.
   Sec. 193. (a) "Provider", for purposes of IC 31-28-2 and
IC 31-28-3, means an individual, a partnership, a corporation, or
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a governmental entity that is enrolled in the Medicaid program
under rules adopted under IC 4-22-2 by the office of Medicaid
policy and planning.
   (b) "Provider", for purposes of IC 31-28-1, has the meaning set
forth in IC 31-28-1-2.
   (c) "Provider", for purposes of IC 31-27, means a person who
operates a child caring institution, foster family home, group home,
or child placing agency under IC 31-27.
   Sec. 194. "Public welfare", for purposes of IC 31-25-3 and
IC 31-25-4, means any form of public welfare or Social Security
provided in IC 31-25-3 or IC 31-25-4. The term does not include
direct township assistance as administered by township trustees
under IC 12-20.
   Sec. 195. "Putative father", for purposes of IC 31-19 and
IC 31-35-1, means a male of any age who is alleged to be or claims
that he may be a child's father but who:
     (1) is not presumed to be the child's father under
     IC 31-14-7-1(1) or IC 31-14-7-1(2); and
     (2) has not established paternity of the child:
        (A) in a court proceeding; or
        (B) by executing a paternity affidavit under IC 16-37-2-2.1;
     before the filing of an adoption petition.
   Sec. 196. "Qualified medical practitioner", for purposes of this
chapter, means the following:
     (1) A physician licensed under IC 25-22.5.
     (2) A physician assistant licensed under IC 25-27.5.
     (3) A physical therapist licensed under IC 25-27.
     (4) An advanced practice registered nurse licensed under
     IC 25-23.
     (5) A chiropractor licensed under IC 25-10.
     (6) A psychologist licensed under IC 25-33.
   Sec. 197. "Reason to believe", for purposes of IC 31-33, means
evidence that, if presented to individuals of similar background
and training, would cause the individuals to believe that a child was
abused or neglected.
   Sec. 198. "Reasonable and prudent parent standard", for
purposes of IC 31-27, IC 31-34, and IC 31-37, means the standard
characterized by careful and sensible parental decisions that
maintain the health, safety, and best interests of a child.
   Sec. 199. "Receiving state", 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.
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    Sec. 200. "Recipient", for purposes of IC 31-25-3 and
IC 31-25-4, means a person who has received or is receiving
assistance for the person or another person.
    Sec. 201. (a) "Record", for purposes of the Uniform Interstate
Family Support Act under IC 31-18.5, has the meaning set forth in
IC 31-18.5-1-2.
    (b) "Record", for purposes of the Uniform Child Custody
Jurisdiction Act under IC 31-21, has the meaning set forth in
IC 31-21-2-17.
    Sec. 202. "Region", for purposes of this title, refers to an area
in Indiana designated as a region by the department. However, for
purposes of IC 31-26-6, the term refers to a service region
established under IC 31-26-6.
    Sec. 203. "Regional services council", for purposes of this title,
refers to a regional services council established for a region under
IC 31-26-6-4.
    Sec. 204. "Register", for purposes of the Uniform Interstate
Family Support Act under IC 31-18.5, has the meaning set forth in
IC 31-18.5-1-2.
    Sec. 205. "Registering tribunal", for purposes of the Uniform
Interstate Family Support Act under IC 31-18.5, has the meaning
set forth in IC 31-18.5-1-2.
    Sec. 206. "Registry", for purposes of IC 31-19-5, refers to the
putative father registry established by IC 31-19-5-2.
    Sec. 207. (a) "Relative", for purposes of IC 31-19-18 and
IC 31-19-25, means:
      (1) an adoptive or whole blood related parent;
      (2) a sibling; or
      (3) a child.
    (b) "Relative", for purposes of IC 31-34-3, means:
      (1) a maternal or paternal grandparent;
      (2) an adult aunt or uncle;
      (3) a parent of a child's sibling if the parent has legal custody
      of the sibling; or
      (4) any other adult relative suggested by either parent of a
      child.
    (c) "Relative", for purposes of sections 40, 152, and 251 of this
chapter, IC 31-27, IC 31-28-5.8, IC 31-34-4, IC 31-34-19,
IC 31-34-23-6, and IC 31-37, means any of the following in relation
to a child:
      (1) A parent.
      (2) A grandparent.
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     (3) A brother.
     (4) A sister.
     (5) A stepparent.
     (6) A stepgrandparent.
     (7) A stepbrother.
     (8) A stepsister.
     (9) A first cousin.
     (10) An uncle.
     (11) An aunt.
     (12) Any other individual with whom a child has an
     established and significant relationship.
   Sec. 207.5. "Religious organization", for purposes of section 177
of this chapter, refers to any of the following:
     (1) A house of worship, including a church, synagogue, shrine,
     mosque, or temple.
     (2) A religious:
         (A) group;
         (B) corporation;
         (C) association;
         (D) school or educational institution;
         (E) ministry;
         (F) order;
         (G) society; or
         (H) entity, regardless of whether the entity is integrated or
         affiliated with a house of worship.
     (3) Any officer, owner, employee, manager, religious leader,
     clergy, or minister of an entity described in this section.
   Sec. 208. "Relocating individual", for purposes of IC 31-14-13
and IC 31-17-2.2, means an individual who has or is seeking:
     (1) custody of a child, whether by court order or by paternity
     affidavit under IC 16-37-2; or
     (2) parenting time with a child, whether by court order or by
     paternity affidavit under IC 16-37-2;
and intends to move the individual's principal residence. The term
does not include an individual granted visitation rights under
IC 31-17-5.
   Sec. 209. "Relocation", for purposes of IC 31-14-13 and
IC 31-17-2.2, means a change in the primary residence of an
individual for a period of at least sixty (60) days.
   Sec. 210. "Residence", 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.
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   Sec. 211. "Residence 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.
   Sec. 212. "Residential placement committee", for purposes of
IC 31-25-2-23, means a committee that reviews the placement of
youth in a child caring institution, a private secure facility, or a
group home licensed by the department to ensure that the
placement is in the least restrictive, most family like, and most
appropriate setting available and close to the parent's home,
consistent with the best interests and special needs of the child.
   Sec. 213. "Respondent", for purposes of the Uniform Child
Custody Jurisdiction Act under IC 31-21, has the meaning set forth
in IC 31-21-2-18.
   Sec. 214. "Responding state", for purposes of the Uniform
Interstate Family Support Act under IC 31-18.5, has the meaning
set forth in IC 31-18.5-1-2.
   Sec. 215. "Responding tribunal", for purposes of the Uniform
Interstate Family Support Act under IC 31-18.5, has the meaning
set forth in IC 31-18.5-1-2.
   Sec. 216. "Restorative justice services" has the meaning set
forth in IC 31-37-8.5-1.
   Sec. 216.5. (a) "Reunification services" means all services that
are provided:
      (1) to a parent, guardian, or custodian of a child who is the
      subject of a petition alleging that the child is a child in need of
      services; and
      (2) with the intent of rehabilitating the relationship between
      the child and the parent, guardian, or custodian.
   (b) The term includes services such as:
      (1) individual, group, and family counseling;
      (2) inpatient, residential, or outpatient substance abuse
      treatment services;
      (3) mental health services;
      (4) assistance to address domestic violence;
      (5) services designed to provide temporary child care and
      therapeutic services for families;
      (6) peer-to-peer mentoring and support groups for parents
      and primary caregivers;
      (7) services and activities designed to facilitate access to and
      visitation of children by parents and siblings;
      (8) substance abuse treatment and screening; and
      (9) transportation to or from any of the services and activities
SEA 80 — CC 1
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      described in this subsection.
    (c) The term does not include services provided to a parent,
guardian, or custodian of a child while the child is residing in a:
      (1) child caring institution;
      (2) group home; or
      (3) private secure facility;
licensed by the department.
    Sec. 217. "Risk and needs assessment tool" means a validated
instrument approved by the judicial conference of Indiana for use
at appropriate stages in the juvenile justice system to identify
specific risk factors and needs shown to be statistically related to
a child's risk of reoffending, and that when properly addressed
may reduce a child's risk of reoffending.
    Sec. 218. "Risk screening tool" means a validated screening
instrument approved by the judicial conference of Indiana that:
      (1) measures a child's risk to reoffend; and
      (2) is used to inform a child's eligibility to participate in
      juvenile diversion and informal adjustment.
    Sec. 219. "Safe haven infant", for purposes of IC 31-34 and
IC 31-35, means a child:
      (1) who is, or appears to be, not more than sixty (60) days of
      age; and
      (2) who has been voluntarily left:
         (A) by a parent with an emergency medical services
         provider (as defined in IC 16-41-10-1); or
         (B) in a newborn safety device;
      under IC 31-34-2.5-1.
    Sec. 220. "School", for purposes of section 71 of this chapter
and IC 31-39-2-13.8, means a:
      (1) public school (including a charter school as defined in
      IC 20-24-1-4); or
      (2) nonpublic school (as defined in IC 20-18-2-12);
that must comply with the education records privacy provisions of
the federal Family Educational Rights and Privacy Act (20 U.S.C.
1232g) to be eligible to receive designated federal education
funding.
    Sec. 220.5. "Screened out", with regard to a report of known or
suspected child abuse or neglect under IC 31-33, means that the
department:
      (1) received the report under IC 31-33-7; and
      (2) did not refer the report for investigation under IC 31-33-9
      based on the department's determination that the report:
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         (A) lacked sufficient information;
         (B) did not contain allegations of child abuse or neglect;
         (C) contained duplicative allegations that were previously
         assessed by the department; or
         (D) did not contain information indicating a current risk to
         a child.
   Sec. 221. "Secure detention facility", for purposes of this title,
has the meaning set forth in IC 31-40-1-1.5.
   Sec. 222. "Secure facility", for purposes of the juvenile law,
means a place of residence, other than a shelter care facility, that
prohibits the departure of a child.
   Sec. 223. (a) Except as provided in subsection (b), "secure
private facility", for purposes of the juvenile law, means the
following:
      (1) A facility that is licensed under IC 31-27 to operate as a
      secure private facility.
      (2) A private facility that is licensed in another state to
      provide residential care and treatment to one (1) or more
      children in a secure facility other than a detention center,
      prison, jail, or similar correctional facility.
   (b) "Secure private facility", for purposes of IC 31-27, means a
secure private facility other than the following:
      (1) A juvenile detention facility established under IC 31-31-8
      or IC 31-31-9 (or IC 31-6-9-5 or IC 31-6-9.5 before their
      repeal).
      (2) A facility operated by the department of correction.
      (3) A county jail.
      (4) A detention center operated by a county sheriff.
   Sec. 224. "Sending state", 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.
   Sec. 225. "Services", for purposes of IC 31-40-1, has the
meaning set forth in IC 31-40-1-1.5.
   Sec. 226. "Services or items", for purposes of IC 31-36-3, has
the meaning set forth in IC 31-36-3-1.
   Sec. 227. (a) Except as provided in subsection (b), "shelter care
facility", for purposes of the juvenile law, means a place of
residence that:
      (1) is licensed under the laws of any state; and
      (2) is not locked to prevent a child's departure unless the
      administrator determines that locking is necessary to protect
      the child's health.
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   (b) "Shelter care facility", for purposes of IC 31-27-3 and
IC 31-27-5, means a child caring institution or group home that
provides temporary service twenty-four (24) hours a day for not
more than twenty (20) consecutive days to a child:
      (1) who is admitted to a residential facility on an emergency
      basis; and
      (2) who is:
         (A) receiving care and supervision under an order of a
         juvenile court;
         (B) voluntarily placed by the parent or guardian of the
         child; or
         (C) self-referred.
   Sec. 228. (a) "Sibling", for purposes of IC 31-19, IC 31-28-5, and
IC 31-34 (except for IC 31-34-3-4.5), means a brother or sister by
blood, half-blood, or adoption.
   (b) "Sibling", for purposes of IC 31-34-3-4.5, means:
      (1) a brother or sister by blood, half-blood, or adoption; and
      (2) any other individual who would be considered a sibling if
      parental rights had not been terminated.
   Sec. 229. "Spousal support order", for purposes of the Uniform
Interstate Family Support Act under IC 31-18.5, has the meaning
set forth in IC 31-18.5-1-2.
   Sec. 230. (a) "State", for purposes of the Uniform Child Custody
Jurisdiction Act under IC 31-21, has the meaning set forth in
IC 31-21-2-19.
   (b) "State", for purposes of the Uniform Interstate Family
Support Act under IC 31-18.5, has the meaning set forth in
IC 31-18.5-1-2.
   (c) "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.
   (d) "State", 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.
   Sec. 230.5. "State benefit", for purposes of section 82.5 of this
chapter, means any program administered, controlled, or funded
by the state that provides any one (1) or more of the following:
      (1) Cash.
      (2) Payments.
      (3) Grants.
      (4) Contracts.
      (5) Loans.
      (6) In-kind assistance.
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   Sec. 231. "State department", for purposes of IC 31-19-5, refers
to the Indiana department of health.
   Sec. 232. "State registrar", for purposes of IC 31-19-18 through
IC 31-19-25.5, means the person who:
      (1) is in charge of the division of the Indiana department of
      health that administers the system of vital records; and
      (2) has charge of the files and records pertaining to vital
      records.
   Sec. 233. "STEVE system", for purposes of IC 31-19-20,
IC 31-19-25, and IC 31-19-25.5, refers to the State and Territorial
Exchange of Vital Events Exchange System, administered by the
National Association for Public Health Statistics and Information
Systems.
   Sec. 234. (a) "Substantially burden", for purposes of IC 31-42,
means:
      (1) constraining, inhibiting, curtailing, or denying the right of
      a parent, either directly or indirectly; or
      (2) compelling any action contrary to the right of a parent;
to direct the upbringing, religious instruction, education, or health
care of the parent's child.
   (b) The term includes the following:
      (1) Withholding benefits.
      (2) Assessing criminal, civil, or administrative penalties or
      damages.
      (3) Exclusion from governmental programs.
   Sec. 235. "Substantiated", when used in reference to a child
abuse or neglect report made under IC 31-33, means a
determination regarding the status of the report whenever facts
obtained during an assessment of the report provide a
preponderance of evidence that child abuse or neglect has
occurred.
   Sec. 236. "Successful adulthood services", for purposes of
IC 31-25 and IC 31-28, means services for youth that are designed
to assist youth who will age out of foster care with the skills and
abilities necessary or desirable to be self-reliant, including housing
and educational support, career exploration, vocational training,
job placement and support, daily living skills, budgeting and
financial management skills, substance abuse prevention,
preventative health activities, and counseling.
   Sec. 237. "Supervised independent living arrangement", for
purposes of IC 31-28-5.8 and IC 31-34-21-7.5, means a living
arrangement that provides housing for a youth that is not
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supervised on site, such as a dormitory, an apartment, or shared
housing, and is not a foster home, host home, group home, child
caring institution, or private secure facility.
    Sec. 238. "Support enforcement agency", for purposes of the
Uniform Interstate Family Support Act under IC 31-18.5, has the
meaning set forth in IC 31-18.5-1-2.
    Sec. 239. (a) "Support order", for purposes of IC 31-16-15 and
IC 31-16-16, means any judgment, decree, or order of child
support, including medical support, issued by a court, in Indiana
or another state, that has jurisdiction over the support order. The
term includes orders issued under IC 31-14 through IC 31-17.
    (b) "Support order", for purposes of the Uniform Interstate
Family Support Act under IC 31-18.5, has the meaning set forth in
IC 31-18.5-1-2.
    Sec. 240. "Surrogate", for purposes of IC 31-20, means a party
to a surrogate agreement who agrees to bear or bears a child that
is genetically related to:
      (1) the party who agrees to bear or bears the child and an
      intended biological parent;
      (2) an intended biological parent and a gamete donor who is
      not:
         (A) an intended biological parent; and
         (B) the spouse of the party who agrees to bear or bears the
         child; or
      (3) two (2) intended biological parents of the child.
    Sec. 241. "Surrogate agreement", for purposes of IC 31-20,
means an agreement that is entered into before the birth of a child
between a surrogate and one (1) or more parties and that is
intended by the parties at the time that the agreement is made to
induce the surrogate to relinquish care, custody, and control over
the child at birth to any of the following:
      (1) An intended biological parent of the child.
      (2) An intended biological parent of the child and another
      person who is not:
         (A) genetically related to the child; and
         (B) the surrogate's spouse.
      (3) Two (2) intended biological parents of the child.
    Sec. 242. "Team", for purposes of IC 31-33-3, refers to a
community child protection team appointed under IC 31-33-3.
    Sec. 243. "Therapeutic foster family home", for purposes of
IC 31-27, means a foster family home:
      (1) that provides care to:
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          (A) a child; or
          (B) an individual at least eighteen (18) but less than
          twenty-one (21) years of age receiving collaborative care
          under IC 31-28-5.8;
      who has serious emotional disturbances, significant
      behavioral health needs and functional impairments, or
      developmental or physical disabilities;
      (2) in which the child or individual receives treatment in a
      family home through an integrated array of services
      supervised and supported by qualified program staff from:
          (A) the department of child services;
          (B) a managed care provider that contracts with the
          division of mental health and addiction; or
          (C) a licensed child placing agency; and
      (3) that meets the additional requirements of IC 31-27-4-2.
    Sec. 244. "Title IV-D agency" means:
      (1) the bureau of child support established in the department
      of child services established by IC 31-25-3-1; or
      (2) a designated agent of the department described in
      IC 31-25-4-13.1.
    Sec. 245. "Title IV-D case", for purposes of IC 31-16-15, means
a case arising under Title IV-D of the federal Social Security Act
(42 U.S.C. 651 through 669).
    Sec. 246. "Transitional services plan", for purposes of
IC 31-25-2-21, IC 31-34-15, and IC 31-37-19, has the meaning set
forth in IC 31-25-2-21(a).
    Sec. 247. "Tribe", for purposes of the Uniform Child Custody
Jurisdiction Act under IC 31-21, has the meaning set forth in
IC 31-21-2-20.
    Sec. 248. "Tribunal", for purposes of the Uniform Interstate
Family Support Act under IC 31-18.5, has the meaning set forth in
IC 31-18.5-1-2.
    Sec. 249. "Ultimate authority of the department" refers to the
director or the director's designee under IC 31-25-2-11.5.
    Sec. 250. "United States central authority", for purposes of the
Uniform Interstate Family Support Act under IC 31-18.5, has the
meaning set forth in IC 31-18.5-7-1.
    Sec. 251. "Unlicensed kinship caregiver", for purposes of section
109 of this chapter, IC 31-32-2.5, IC 31-34-21-4.5, and IC 31-28-7,
means a relative (as defined in section 207(c) of this chapter) who
is:
      (1) providing care and supervision to a child under a court
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     order for purposes of placement in a child in need of services
     case or juvenile delinquency case; and
     (2) not licensed as a foster parent under IC 31-27-4.
   Sec. 252. "Unsubstantiated", for purposes of IC 31-33 and
IC 31-39-8-4, means a determination regarding the status of a
report made under IC 31-33 whenever facts obtained during an
assessment of the report provide credible evidence that child abuse
or neglect has not occurred.
   Sec. 253. (a) "Victim of child abuse or neglect", for purposes of
IC 31-32-11-1 and IC 31-33, refers to:
     (1) a child as described in:
        (A) IC 31-34-1-1 through IC 31-34-1-5;
        (B) IC 31-34-1-10; or
        (C) IC 31-34-1-11;
     regardless of whether the child needs care, treatment,
     rehabilitation, or the coercive intervention of a court; or
     (2) an individual who:
        (A) is at least eighteen (18) years of age but less than
        twenty-one (21) years of age;
        (B) resides, or has previously resided, at a residential
        facility licensed by the department; and
        (C) is harmed or threatened with harm as a result of:
           (i) a battery offense included in IC 35-42-2; or
           (ii) sexual activity (as defined in IC 35-42-4-13(b));
        committed by a member of the staff at the residential
        facility.
   (b) The term does not include a child who 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.
   Sec. 254. "Victim of human or sexual trafficking", for purposes
of IC 31-34-1-3.5, refers to a child who is recruited, harbored,
transported, or engaged in:
     (1) forced labor;
     (2) involuntary servitude;
     (3) prostitution;
     (4) juvenile prostitution, as defined in IC 35-31.5-2-178.5;
     (5) child exploitation under IC 35-42-4-4;
     (6) marriage, unless authorized by a court under
     IC 31-11-1-7;
     (7) trafficking for the purpose of prostitution, juvenile
     prostitution, or participation in sexual conduct as defined in
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      IC 35-42-4-4(a); or
      (8) human trafficking as defined in IC 35-42-3.5-0.5.
   Sec. 255. "Voluntary information", for purposes of IC 31-19-18,
means the information transmitted to the state registrar as
provided in IC 31-19-18-3.
   Sec. 256. (a) "Wardship", for purposes of the juvenile law,
means the responsibility for temporary care and custody of a child
by transferring the rights and obligations from the child's parent,
guardian, or custodian to the person granted wardship. Except to
the extent a right or an obligation is specifically addressed in the
court order establishing wardship, the rights and obligations of the
person granted wardship include making decisions concerning the:
      (1) physical custody of the child;
      (2) care and supervision of the child;
      (3) child's visitation with parents, relatives, or other
      individuals; and
      (4) medical care and treatment of the child.
   (b) "Wardship" does not apply to requirements for consenting
to an adoption under IC 31-19-9.
   Sec. 257. (a) "Warrant", for purposes of IC 31-25-3 and
IC 31-25-4, means an instrument that is:
      (1) the equivalent of a money payment; and
      (2) immediately convertible into cash by the payee for the full
      face amount of the instrument.
   (b) "Warrant", for purposes of the Uniform Child Custody
Jurisdiction Act under IC 31-21, has the meaning set forth in
IC 31-21-2-21.
   Sec. 258. "Youth service bureau", for purposes of IC 31-26-1,
has the meaning set forth in IC 31-26-1-2.
   SECTION 162. IC 31-12-3-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 2. The family relations
division may be administered by:
      (1) the community mental health center;
      (2) a managed care provider (as defined in IC 12-7-2-127(b));
      IC 12-7-2.1-219); or
      (3) any other person approved by the court.
   SECTION 163. IC 31-15-7-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 4. (a) In an action for
dissolution of marriage under IC 31-15-2-2, the court shall divide the
property of the parties, whether:
      (1) owned by either spouse before the marriage;
      (2) acquired by either spouse in his or her own right:
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       (A) after the marriage; and
       (B) before final separation of the parties; or
    (3) acquired by their joint efforts.
  (b) The court shall divide the property in a just and reasonable
manner by:
    (1) division of the property in kind;
    (2) setting the property or parts of the property over to one (1) of
    the spouses and requiring either spouse to pay an amount, either
    in gross or in installments, that is just and proper;
    (3) ordering the sale of the property under such conditions as the
    court prescribes and dividing the proceeds of the sale; or
    (4) ordering the distribution of benefits described in
    IC 31-9-2-98(b)(2) IC 31-9-2.1-190(b)(2) or IC 31-9-2-98(b)(3)
    IC 31-9-2.1-190(b)(3) that are payable after the dissolution of
    marriage, by setting aside to either of the parties a percentage of
    those payments either by assignment or in kind at the time of
    receipt.
  SECTION 164. IC 31-18.5-1-2, AS ADDED BY P.L.206-2015,
SECTION 53, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. In this article:
    (1) "Child" means an individual, whether over or under the age of
    majority, who is or is alleged to be owed a duty of support by the
    individual's parent or who is or is alleged to be the beneficiary of
    a support order directed to the parent.
    (2) "Child support order" means a support order for a child,
    including a child who has attained the age of majority under the
    law of the issuing state or foreign country.
    (3) "Convention" means the Convention on the International
    Recovery of Child Support and Other Forms of Family
    Maintenance, concluded at The Hague on November 23, 2007.
    (4) "Duty of support" means an obligation imposed or imposable
    by law to provide support for a:
       (A) child;
       (B) spouse; or
       (C) former spouse;
    including an unsatisfied obligation to provide support.
    (5) "Foreign country" means a country, including a political
    subdivision thereof, other than the United States, that authorizes
    the issuance of support orders and:
       (A) which has been declared under the law of the United
       States to be a foreign reciprocating country;
       (B) which has established a reciprocal arrangement for child
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       support with Indiana as provided in IC 31-18.5-3-8;
       (C) which has enacted a law or established procedures for the
       issuance and enforcement of support orders which are
       substantially similar to the procedures under this article; or
       (D) in which the Convention is in force with respect to the
       United States.
   (6) "Foreign support order" means a support order of a foreign
   tribunal.
   (7) "Foreign tribunal" means a court, administrative agency, or
   quasi-judicial entity of a foreign country which is authorized to:
       (A) establish, enforce, or modify support orders; or
       (B) determine parentage of a child.
   The term includes a competent authority under the Convention.
   (8) "Home state" means:
       (A) the state or foreign country in which a child lived with a
       parent or a person acting as parent for at least six (6)
       consecutive months immediately preceding the time of filing
       of a petition or comparable pleading for support; and
       (B) if a child is less than six (6) months old, the state or
       foreign country in which the child lived from birth with any
       parent or person acting as parent.
   A period of temporary absence of any parent or person acting as
   parent is counted as part of the six (6) month or other period.
   (9) "Income" includes earnings or other periodic entitlements to
   money from any source and any other property subject to
   withholding for support under Indiana law.
   (10) "Income withholding order" means an order or other legal
   process directed to an obligor's income payor (as defined in
   IC 31-9-2-57) IC 31-9-2.1-127) or other debtor to withhold
   support from the income of the obligor.
   (11) "Initiating tribunal" means the tribunal of a state or foreign
   country from which a petition or comparable pleading is
   forwarded or in which a petition or comparable pleading is filed
   for forwarding to another state or foreign country.
   (12) "Issuing foreign country" means the foreign country in which
   a tribunal issues a support order or a judgment determining
   parentage of a child.
   (13) "Issuing state" means the state in which a tribunal issues a
   support order or a judgment determining parentage of a child.
   (14) "Issuing tribunal" means the tribunal of a state or foreign
   country that issues a support order or a judgment determining
   parentage of a child.
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   (15) "Law" includes decisional and statutory law and rules and
   regulations having the force of law.
   (16) "Obligee" means:
       (A) an individual to whom a duty of support is or is alleged to
       be owed or in whose favor:
          (i) a support order; or
          (ii) a judgment determining parentage of a child;
       has been issued;
       (B) a foreign country, state, or political subdivision of a state
       to which the rights under a duty of support or support order
       have been assigned or which has independent claims based on
       financial assistance provided to an individual obligee in place
       of child support;
       (C) an individual seeking a judgment determining parentage
       of the individual's child; or
       (D) a person that is a creditor in a proceeding under
       IC 31-18.5-7.
   (17) "Obligor" means an individual or the estate of a decedent
   that:
       (A) owes or is alleged to owe a duty of support;
       (B) is alleged but has not been adjudicated to be a parent of a
       child;
       (C) is liable under a support order; or
       (D) is a debtor in a proceeding under IC 31-18.5-7.
   (18) "Outside this state" means a location in another state or a
   country other than the United States, whether or not the country
   is a foreign country.
   (19) "Person" means:
       (A) an individual;
       (B) a corporation;
       (C) a business trust;
       (D) an estate;
       (E) a trust;
       (F) a partnership;
       (G) a limited liability company;
       (H) an association;
       (I) a joint venture;
       (J) a public corporation;
       (K) a government;
       (L) a governmental subdivision, agency, or instrumentality; or
       (M) any other legal or commercial entity.
   (20) "Record" means information that is inscribed on a tangible
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   medium or that is stored in an electronic or other medium and is
   retrievable in perceivable form.
   (21) "Register" means to file in an Indiana tribunal a support
   order or judgment determining parentage of a child issued in
   another state or a foreign country.
   (22) "Registering tribunal" means a tribunal in which a support
   order or judgment determining parentage of a child is registered.
   (23) "Responding state" means a state in which a petition or
   comparable pleading for support or to determine parentage of a
   child is filed or to which a petition or comparable pleading is
   forwarded for filing from another state or a foreign country.
   (24) "Responding tribunal" means the authorized tribunal in a
   responding state or foreign country.
   (25) "Spousal support order" means a support order for a spouse
   or former spouse of the obligor.
   (26) "State" means:
       (A) a state of the United States;
       (B) the District of Columbia;
       (C) Puerto Rico;
       (D) the United States Virgin Islands; or
       (E) any territory or insular possession under the jurisdiction of
       the United States.
   The term includes an Indian nation or tribe.
   (27) "Support enforcement agency" means a public official,
   governmental entity, or private agency authorized to:
       (A) seek enforcement of support orders or laws relating to the
       duty of support;
       (B) seek establishment or modification of child support;
       (C) request determination of parentage of a child;
       (D) attempt to locate obligors or their assets; or
       (E) request determination of the controlling child support
       order.
   (28) "Support order" means a judgment, decree, order, or
   directive, whether:
       (A) temporary;
       (B) final; or
       (C) subject to modification;
   issued in a state or foreign country for the benefit of a child, a
   spouse, or a former spouse, which provides for monetary support,
   health care, arrearages, retroactive support, or reimbursement for
   financial assistance provided to an individual obligee in place of
   child support. The term may include related costs and fees,
SEA 80 — CC 1
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      interest, income withholding, automatic adjustment, reasonable
      attorney's fees, and other relief.
      (29) "Tribunal" means a court, administrative agency, or
      quasi-judicial entity authorized to establish, enforce, or modify
      support orders or to determine parentage of a child.
    SECTION 165. IC 31-18.5-1-3, AS ADDED BY P.L.206-2015,
SECTION 53, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3. (a) The court is the tribunal of Indiana.
    (b) The Title IV-D agency (as defined in IC 31-9-2-130)
IC 31-9-2.1-244) is the support enforcement agency of Indiana.
    SECTION 166. IC 31-18.5-5-1, AS ADDED BY P.L.206-2015,
SECTION 53, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. An income withholding order issued in another
state may be sent by or on behalf of the obligee, or by the support
enforcement agency, to the person defined as the obligor's income
payor under IC 31-9-2-57 IC 31-9-2.1-127 without first filing a petition
or comparable pleading or registering the order with an Indiana
tribunal.
    SECTION 167. IC 31-19-2-7.5, AS AMENDED BY P.L.183-2017,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 7.5. (a) This section does not apply to a petitioner
for adoption who provides the licensed child placing agency or the
local office with the results of a criminal history check conducted:
      (1) in accordance with IC 31-9-2-22.5; IC 31-9-2.1-58; and
      (2) not more than one (1) year before the date on which the
      petition is filed.
    (b) Every petitioner for adoption shall submit the necessary
information, forms, or consents for:
      (1) a licensed child placing agency; or
      (2) the local office;
that conducts the inspection and investigation required for adoption of
a child under IC 31-19-8-5 to conduct a criminal history check (as
defined in IC 31-9-2-22.5) IC 31-9-2.1-58) of the petitioner as part of
its investigation.
    (c) Except as provided in subsection (d), the petitioner for adoption
shall pay the fees and other costs of the criminal history check required
under this section.
    (d) If the petitioner for adoption seeks to adopt a child who is under
the care and supervision of the department at the time of or any time
after the filing of the petition for adoption, the department may pay the
fees and other costs of the criminal history check required under this
section.
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    SECTION 168. IC 31-19-2-12, AS AMENDED BY P.L.128-2012,
SECTION 46, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 12. As soon as a petition for adoption is found to
be in proper form, the clerk of the court shall forward one (1) copy of
the petition for adoption to a licensed child placing agency as described
in IC 31-9-2-17.5, IC 31-9-2.1-46, with preference to be given to the
agency, if any, sponsoring the adoption, as shown by the petition for
adoption.
    SECTION 169. IC 31-19-7-1, AS AMENDED BY P.L.128-2012,
SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. (a) A child may not be placed in a proposed
adoptive home without the prior written approval of a licensed child
placing agency or the local office approved for that purpose by the
department.
    (b) Except as provided in subsection (d), before giving prior written
approval for placement in a proposed adoptive home of a child, a
licensed child placing agency or the department of child services shall
conduct a criminal history check (as defined in IC 31-9-2-22.5)
IC 31-9-2.1-58) concerning the proposed adoptive parent and any other
person who is currently residing in the proposed adoptive home.
    (c) The prospective adoptive parent shall pay the fees and other
costs of the criminal history check required under this section.
    (d) A licensed child placing agency or the department of child
services is not required to conduct a criminal history check (as defined
in IC 31-9-2-22.5) IC 31-9-2.1-58) if a prospective adoptive parent
provides the licensed child placing agency or the local office with the
results of a criminal history check conducted:
      (1) in accordance with IC 31-9-2-22.5; IC 31-9-2.1-58; and
      (2) not more than one (1) year before the date on which the
      licensed child placing agency or the local office provides written
      approval for the placement.
    SECTION 170. IC 31-19-11-1, AS AMENDED BY P.L.56-2023,
SECTION 282, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 1. (a) Whenever the court has heard
the evidence and finds that:
      (1) the adoption requested is in the best interest of the child;
      (2) the petitioner or petitioners for adoption are of sufficient
      ability to rear the child and furnish suitable support and
      education;
      (3) the report of the investigation and recommendation under
      IC 31-19-8-5 has been filed;
      (4) the attorney or agency arranging an adoption has filed with the
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      court an affidavit prepared by the Indiana department of health
      under IC 31-19-5-16 indicating whether a man is entitled to notice
      of the adoption because the man has registered with the putative
      father registry in accordance with IC 31-19-5;
      (5) proper notice arising under subdivision (4), if notice is
      necessary, of the adoption has been given;
      (6) the attorney or agency has filed with the court an affidavit
      prepared by the Indiana department of health under:
          (A) IC 31-19-6 indicating whether a record of a paternity
          determination; or
          (B) IC 16-37-2-2(g) indicating whether a paternity affidavit
          executed under IC 16-37-2-2.1;
      has been filed in relation to the child;
      (7) proper consent, if consent is necessary, to the adoption has
      been given;
      (8) the petitioner for adoption is not prohibited from adopting the
      child as the result of an inappropriate criminal history described
      in subsection (c) or (d); and
      (9) the person, licensed child placing agency, or local office that
      has placed the child for adoption has provided the documents and
      other information required under IC 31-19-17 to the prospective
      adoptive parents;
the court shall grant the petition for adoption and enter an adoption
decree.
    (b) A court may not grant an adoption unless the Indiana department
of health's affidavit under IC 31-19-5-16 is filed with the court as
provided under subsection (a)(4).
    (c) A juvenile adjudication for an act listed in IC 31-9-2-84.8
IC 31-9-2.1-168 that would be a felony if committed by an adult, a
conviction of a misdemeanor related to the health and safety of a child,
or a conviction of a felony not listed in IC 31-9-2-84.8 IC 31-9-2.1-168
by a petitioner for adoption or household member is a permissible basis
for the court to deny the petition for adoption. In addition, the court
may not grant an adoption if a petitioner for adoption has been
convicted of a nonwaivable offense under IC 31-9-2-84.8.
IC 31-9-2.1-168. However, the court is not prohibited from granting an
adoption based upon a felony conviction for:
      (1) a felony under IC 9-30-5;
      (2) battery (IC 35-42-2-1);
      (3) criminal recklessness (IC 35-42-2-2) as a felony;
      (4) criminal confinement (IC 35-42-3-3);
      (5) arson (IC 35-43-1-1);
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      (6) nonsupport of a dependent child (IC 35-46-1-5);
      (7) operating a motorboat while intoxicated (IC 35-46-9-6) as a
      felony;
      (8) a felony involving a weapon under IC 35-47; or
      (9) a felony relating to controlled substances under IC 35-48-4;
if the date of the conviction did not occur within the immediately
preceding five (5) year period.
    (d) A court may not grant an adoption if the petitioner is a sex or
violent offender (as defined in IC 11-8-8-5) or a sexually violent
predator (as defined in IC 35-38-1-7.5).
    (e) In addition to this section, section 1.1 of this chapter applies
when one (1) or more petitioners is a person with a disability.
    SECTION 171. IC 31-25-2-23, AS AMENDED BY P.L.123-2014,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 23. (a) The department shall establish a
permanency roundtable (as defined in IC 31-9-2-88.7).
IC 31-9-2.1-176). The permanency roundtable shall review:
      (1) a child's permanency plan under IC 31-34-21-5.7 if the child
      is placed in a child caring institution, group home, or private
      secure facility; and
      (2) a child's permanency plan under IC 31-37-20-3 if the child is
      placed in a child caring institution, group home, or private secure
      facility;
and make recommendations to the court.
    (b) The department shall establish a residential placement
committee (as defined in IC 31-9-2-109.5). IC 31-9-2.1-212). The
residential placement committee shall, before a case plan is approved
by the local office or court, review:
      (1) a child's placement in a child caring institution, group home,
      or private secure facility under IC 31-34-15-2; and
      (2) a child's placement in a child caring institution, group home,
      or private secure facility under IC 31-37-19-1.5 if the placement
      is contrary to the department's recommendation under
      IC 31-37-17-1.4;
and make recommendations to the court.
    SECTION 172. IC 31-26-5-3, AS AMENDED BY P.L.186-2025,
SECTION 158, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 3. (a) Family preservation services
may provide:
      (1) comprehensive, coordinated, flexible, and accessible services;
      (2) intervention as early as possible with emphasis on establishing
      a safe and nurturing environment;
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      (3) services to families who have members placed in care settings
      outside the nuclear family; and
      (4) planning options for temporary placement outside the family
      if it would endanger the child to remain in the home.
    (b) Unless authorized by a juvenile court, family preservation
services may not include a temporary out-of-home placement if a
person who is currently residing in the location designated as the
out-of-home placement has committed an act resulting in a
substantiated report of child abuse or neglect or has a juvenile
adjudication or a conviction for a nonwaivable offense, as defined in
IC 31-9-2-84.8. IC 31-9-2.1-168.
    (c) Before placing a child at imminent risk of placement in a
temporary out-of-home placement, the department shall conduct a
criminal history check (as defined in IC 31-9-2-22.5) IC 31-9-2.1-58)
for each person described in subsection (b). However, the department
is not required to conduct a criminal history check under this section
if the temporary out-of-home placement is made to an entity or facility
that is not a residence (as defined in IC 3-5-2.1-90) or that is licensed
by the state.
    SECTION 173. IC 31-27-2-1, AS AMENDED BY P.L.128-2012,
SECTION 93, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. The department shall perform the following
duties:
      (1) Administer the licensing and monitoring of child caring
      institutions, foster family homes, group homes, and child placing
      agencies in accordance with this article.
      (2) Ensure that a criminal history check of an applicant is
      conducted under IC 31-9-2-22.5 IC 31-9-2.1-58 before issuing a
      license.
      (3) Provide for the issuance, denial, and revocation of licenses.
      (4) Cooperate with governing bodies of child caring institutions,
      foster family homes, group homes, and child placing agencies and
      their staffs to improve standards of child care.
      (5) Prepare at least biannually a directory of licensees, except for
      foster family homes, with a description of the program capacity
      and type of children served that will be distributed to the
      legislature, licensees, and other interested parties as a public
      document.
      (6) Deposit all license application fees collected under section 2
      of this chapter in the department of child services child care fund
      established by IC 31-25-2-16.
    SECTION 174. IC 31-27-2-8, AS AMENDED BY P.L.183-2017,
SEA 80 — CC 1
                                  247
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 8. (a) Except as provided in subsection (f), the
department may grant a variance or waiver of a rule governing child
caring institutions, foster family homes, group homes, or child placing
agencies. A variance or waiver granted under this section must promote
statewide practices and must protect the rights of persons affected by
this article.
    (b) The department may grant a variance to a rule if an applicant for
a license or a licensee under this article does the following:
       (1) Submits to the department a written request for the variance
       in the form and manner specified by the department.
       (2) Documents that compliance with an alternative method of
       compliance approved by the department will not be adverse to the
       health, safety, or welfare of a child receiving services from the
       applicant for the variance, as determined by the department.
    (c) A variance granted under subsection (b) must be conditioned
upon compliance with the alternative method approved by the
department. Noncompliance constitutes the violation of a rule of the
department and may be the basis for revoking the variance.
    (d) The department may grant a waiver of a rule if an applicant for
a license or a licensee under this article does the following:
       (1) Submits to the department a written request for the waiver in
       the form and manner specified by the department.
       (2) Documents that compliance with the rule specified in the
       application for the waiver will create an undue hardship on the
       applicant for the waiver, as determined by the department.
       (3) Documents that the applicant for the waiver will be in
       substantial compliance with the rules adopted by the department
       after the waiver is granted, as determined by the department.
       (4) Documents that noncompliance with the rule specified in the
       application for a waiver will not be adverse to the health, safety,
       or welfare of a child receiving services from the applicant for the
       waiver, as determined by the department.
    (e) Except for a variance or waiver of a rule governing foster family
homes, a variance or waiver of a rule under this section that conflicts
with a building rule or fire safety rule adopted by the fire prevention
and building safety commission is not effective until the variance or
waiver is approved by the fire prevention and building safety
commission.
    (f) A waiver may not be granted for an applicant who has been
convicted of a nonwaivable offense, as defined in IC 31-9-2-84.8.
IC 31-9-2.1-168.
SEA 80 — CC 1
                                  248
    SECTION 175. IC 31-27-3-3, AS AMENDED BY HEA 1092-2026,
SECTION 5, AND BY HEA 1357-2026, SECTION 3, IS AMENDED
TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 3. (a)
An applicant must apply for a child caring institution license on forms
provided by the department.
    (b) An applicant must submit the required information as part of the
application.
    (c) The applicant must submit with the application a statement
attesting the following:
       (1) Whether the applicant has been convicted of:
           (A) a felony; or
           (B) a misdemeanor relating to the health and safety of
           children.
       (2) Whether the applicant has been charged with:
           (A) a felony; or
           (B) a misdemeanor relating to the health and safety of
           children;
       during the pendency of the application.
    (d) The department, on behalf of an applicant, or, at the discretion
of the department, an applicant, shall conduct a criminal history check
of the following:
       (1) Each individual who is an applicant.
       (2) The director or manager of a facility where children will be
       placed.
       (3) Each employee of the applicant.
       (4) Each contractor or individual working in the child caring
       institution who is likely to have unsupervised contact with
       children in the child caring institution.
       (5) Each volunteer of the applicant who is likely to have:
           (A) unsupervised contact with children in the child caring
           institution; or
           (B) access to a child's electronic or physical medical records.
    (e) If the applicant conducts a criminal history check under
subsection (d), the applicant shall:
       (1) maintain records of the information it receives concerning
       each individual who is the subject of a criminal history check; and
       (2) submit to the department a copy of the information it receives
       concerning each person described in subsection (d)(1) through
       (d)(5).
    (f) If the department conducts a criminal history check on behalf of
an applicant under subsection (d), the department shall:
       (1) determine whether the subject of a national fingerprint based
SEA 80 — CC 1
                                  249
       criminal history check has a record of:
          (A) a conviction for a felony;
          (B) a conviction for a misdemeanor relating to the health and
          safety of a child; or
          (C) a juvenile adjudication for a nonwaivable offense, as
          defined in IC 31-9-2-84.8 IC 31-9-2.1-168 that, if committed
          by an adult, would be a felony;
       (2) notify the applicant of the determination under subdivision (1)
       without identifying a specific offense or other identifying
       information concerning a conviction or juvenile adjudication
       contained in the national criminal history record information;
       (3) submit to the applicant a copy of any state limited criminal
       history report that the department receives on behalf of any person
       described in subsection (d); and
       (4) maintain a record of every report and all information the
       department receives concerning a person described in subsection
       (d).
    (g) Except as provided in subsection (h) and section 3.5 of this
chapter, a criminal history check described in subsection (d) is required
only at the time an application for a new license or the renewal of an
existing license is submitted.
    (h) Except as provided in subsection (i), a criminal history check of
each person described in subsection (d)(2) through (d)(5) must be
completed on or before the date the person:
       (1) is employed;
       (2) is assigned as a volunteer; or
       (3) enters into, or the person's employing entity enters into, a
       contract with the applicant.
    (i) An individual may be employed by a child caring institution as
an employee, volunteer, or contractor before a criminal history check
of the individual is completed as required under subsection (h) if all of
the following conditions are satisfied:
       (1) The following checks have been completed regarding the
       individual:
          (A) A fingerprint based check of national crime information
          data bases under IC 31-9-2-22.5(1). IC 31-9-2.1-58(1).
          (B) A national sex offender registry check under
          IC 31-9-2-22.5(3). IC 31-9-2.1-58(3).
          (C) An in-state local criminal records check under
          IC 31-9-2-22.5(4). IC 31-9-2.1-58(4).
          (D) An in-state child protection index check under
          IC 31-33-26.
SEA 80 — CC 1
                                   250
       (2) If the individual has resided outside Indiana at any time during
       the five (5) years preceding the individual's date of hiring by the
       child caring institution, the following checks have been requested
       regarding the individual:
           (A) An out-of-state child abuse registry check under
           IC 31-9-2-22.5(2). IC 31-9-2.1-58(2).
           (B) An out-of-state local criminal records check under
           IC 31-9-2-22.5(4). IC 31-9-2.1-58(4).
       (3) The individual's employment before the completion of the
       criminal history check required under subsection (h) is limited to
       training during which the individual:
           (A) does not have contact with children who are under the care
           and control of the child caring institution; and
           (B) does not have access to records containing information
           regarding children who are under the care and control of the
           child caring institution.
       (4) The individual completes an attestation, under penalty of
       perjury, disclosing:
           (A) any abuse or neglect complaints made against the
           individual with the child welfare agency of a state other than
           Indiana in which the individual resided within the five (5)
           years preceding the date of the attestation; and
           (B) any contact the individual had with a law enforcement
           agency in connection with the individual's suspected or alleged
           commission of a crime in a state other than Indiana in which
           the individual resided within the five (5) years preceding the
           date of the attestation.
    (j) The applicant or facility is responsible for any fees associated
with a criminal history check.
    (k) The department shall, at the applicant's request, inform the
applicant whether the department has or does not have a record of the
person who is the subject of a criminal history check and if the
department has identified the person as an alleged perpetrator of abuse
or neglect. The department may not provide to the applicant any details
or personally identifying information contained in any child protective
services investigation report.
    (l) A person who is the subject of a criminal history check
conducted in accordance with this section may request the state police
department to provide the person with a copy of any state or national
criminal history report concerning the person.
    SECTION 176. IC 31-27-3-5, AS AMENDED BY HEA 1042-2026,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
SEA 80 — CC 1
                                  251
JULY 1, 2026]: Sec. 5. (a) The following constitute sufficient grounds
for a denial of a license application:
      (1) A determination by the department of child abuse or neglect
      by:
          (A) the applicant; or
          (B) an employee, volunteer, or contractor of the applicant.
      (2) A criminal conviction of the applicant, or the director or
      manager of a facility where children will be placed by the
      applicant, of:
          (A) a felony;
          (B) a misdemeanor related to the health and safety of a child;
          (C) a misdemeanor for operating a child caring institution,
          foster family home, group home, or child placing agency
          without a license under this article (or IC 12-17.4 before its
          repeal); or
          (D) a misdemeanor for operating a child care center or child
          care home without a license under IC 12-17.2.
      (3) A determination by the department that the applicant made
      false statements in the applicant's application for licensure.
      (4) A determination by the department that the applicant made
      false statements in the records required by the department.
      (5) A determination by the department that:
          (A) the applicant; or
          (B) an employee, volunteer, or contractor of the applicant;
      previously operated a home or facility without a license required
      under any applicable provision of this article (or IC 12-17.4
      before its repeal) or IC 12-17.2.
      (6) A juvenile adjudication of the applicant for a nonwaivable
      offense, as defined in IC 31-9-2-84.8 IC 31-9-2.1-168 that, if
      committed by an adult, would be a felony.
      (7) A determination by the department that the applicant was
      previously licensed under this article and the license was revoked
      within one (1) year of the current application.
   (b) An application for a license may also be denied if an employee,
volunteer, or contractor of the applicant has had any of the following:
      (1) A conviction of a nonwaivable offense, as defined in
      IC 31-9-2-84.8. IC 31-9-2.1-168.
      (2) A conviction of any other felony or a misdemeanor relating to
      the health and safety of a child, unless the applicant is granted a
      waiver by the department with regard to the employee, volunteer,
      or contractor.
      (3) A juvenile adjudication for a nonwaivable offense, as defined
SEA 80 — CC 1
                                  252
      in IC 31-9-2-84.8 IC 31-9-2.1-168 that, if committed by an adult,
      would be a felony, unless the applicant is granted a waiver by the
      department with regard to the employee, volunteer, or contractor.
   (c) In determining whether to grant a waiver under subsection (b),
the department shall consider the following factors:
      (1) The length of time that has passed since the disqualifying
      conviction.
      (2) The severity, nature, and circumstances of the offense.
      (3) Evidence of rehabilitation.
      (4) The duties and qualifications required for the proposed
      employment positions, volunteer assignment, or contract.
   (d) Notwithstanding subsection (a) or (b), if:
      (1) a license application could be denied due to a criminal
      conviction of, or a determination of child abuse or neglect by, an
      employee, volunteer, or contractor of the applicant; and
      (2) the department determines that the employee, volunteer, or
      contractor has been dismissed by the applicant within a
      reasonable time after the applicant became aware of the
      conviction or determination;
the criminal conviction of, or determination of child abuse or neglect
by, the former employee, former volunteer, or former contractor does
not constitute a sufficient basis for the denial of a license application.
   (e) The department may adopt rules to implement this section.
   SECTION 177. IC 31-27-3-31, AS AMENDED BY HEA
1202-2026, SECTION 42, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 31. (a) The following constitute
sufficient grounds for revocation of a license:
      (1) A determination by the department of child abuse or neglect
      by:
          (A) the licensee; or
          (B) an employee, volunteer, or contractor of the licensee.
      (2) A criminal conviction of the licensee, or the director or
      manager of a facility where children will be placed by the
      licensee, of any of the following:
          (A) A felony.
          (B) A misdemeanor related to the health or safety of a child.
          (C) A misdemeanor for operating a child caring institution,
          foster family home, group home, or child placing agency
          without a license under this article (or IC 12-17.4 before its
          repeal).
          (D) A misdemeanor for operating a child care center or child
          care home without a license under IC 12-17.2.
SEA 80 — CC 1
                                 253
     (3) A determination by the department that the licensee made
     false statements in the licensee's application for licensure.
     (4) A determination by the department that the licensee made
     false statements in the records required by the department.
     (5) A determination by the department that:
         (A) the licensee; or
         (B) an employee, volunteer, or contractor of the licensee;
     previously operated a home or facility without a license required
     under any applicable provision of this article (or IC 12-17.4
     before its repeal) or IC 12-17.2.
     (6) A juvenile adjudication of a licensee for a nonwaivable
     offense, as defined in IC 31-9-2-84.8 IC 31-9-2.1-168 that, if
     committed by an adult, would be a felony.
     (7) A determination by the department that the operator of the
     child caring institution has failed to comply with an order of the
     department of homeland security.
   (b) A license may also be revoked if an employee, volunteer, or
contractor of the licensee has had any of the following:
     (1) A conviction of a nonwaivable offense, as defined in
     IC 31-9-2-84.8. IC 31-9-2.1-168.
     (2) A conviction of any other felony or a misdemeanor relating to
     the health and safety of a child, unless the licensee is granted a
     waiver by the department with regard to the employee, volunteer,
     or contractor.
     (3) A juvenile adjudication for a nonwaivable offense, as defined
     in IC 31-9-2-84.8 IC 31-9-2.1-168 that, if committed by an adult,
     would be a felony, unless the licensee is granted a waiver by the
     department with regard to the employee, volunteer, or contractor.
   (c) In determining whether to grant a waiver under subsection (b),
the department shall consider the following factors:
     (1) The length of time that has passed since the disqualifying
     conviction.
     (2) The severity, nature, and circumstances of the offense.
     (3) Evidence of rehabilitation.
     (4) The duties and qualifications required for the proposed
     employment positions, volunteer assignment, or contract.
   (d) Notwithstanding subsection (a) or (b), if:
     (1) a license could be revoked due to a criminal conviction of, or
     a determination of child abuse or neglect by, an employee,
     volunteer, or contractor of the licensee; and
     (2) the department determines that the employee, volunteer, or
     contractor has been dismissed by the licensee within a reasonable
SEA 80 — CC 1
                                 254
       time after the licensee became aware of the conviction or
       determination;
the criminal conviction of, or determination of child abuse or neglect
by, the former employee, former volunteer, or former contractor does
not constitute a sufficient basis for the revocation of a license.
    (e) The department may adopt rules to implement this section.
    SECTION 178. IC 31-27-4-5, AS AMENDED BY P.L.183-2017,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 5. (a) An applicant must apply for a foster family
home license on forms provided by the department.
    (b) An applicant must submit the required information as part of the
application.
    (c) An applicant must submit with the application a statement
attesting the following:
       (1) Whether the applicant has been convicted of:
          (A) a felony; or
          (B) a misdemeanor relating to the health and safety of
          children.
       (2) Whether the applicant has been charged with:
          (A) a felony; or
          (B) a misdemeanor relating to the health and safety of
          children;
       during the pendency of the application.
    (d) An applicant shall submit the necessary information, forms, or
consents for the department to conduct a criminal history check for
each individual who is an applicant.
    (e) The department or, at the discretion of the department, an
applicant, shall conduct a criminal history check of:
       (1) the applicant's employees and volunteers who have or will
       have direct contact, on a regular and continuing basis, with
       children who are or will be under the direct supervision of the
       applicant; and
       (2) all household members.
    (f) If the applicant conducts criminal history checks under
subsection (e), the applicant shall maintain records of the information
received concerning each individual subject of a criminal history
check.
    (g) If the department conducts a criminal history check on behalf of
an applicant under subsection (e), the department shall:
       (1) make a determination whether the subject of a national
       fingerprint based criminal history check has a record of:
          (A) a conviction for a felony;
SEA 80 — CC 1
                                  255
           (B) a conviction for a misdemeanor relating to the health and
           safety of a child; or
           (C) a juvenile adjudication for a nonwaivable offense, as
           defined in IC 31-9-2-84.8 IC 31-9-2.1-168 that, if committed
           by an adult, would be a felony;
       (2) notify the applicant of the determination under subdivision (1)
       without identifying a specific offense or other identifying
       information concerning a conviction or juvenile adjudication
       contained in the national criminal history record information;
       (3) submit to the applicant a copy of any state limited criminal
       history report that the department receives on behalf of any person
       described in subsection (e); and
       (4) maintain a record of every report and all information the
       department receives concerning a person described in subsection
       (e).
    (h) Except as provided in subsection (i), a criminal history check
described in subsection (e) is required only at the time an application
for a new license or the renewal of an existing license is submitted.
    (i) A criminal history check concerning a person described in
subsection (e) must be completed on or before the date the employee
or volunteer has direct contact on a regular and continuing basis with
a child placed in the home or the person first becomes a resident of the
applicant's household as described in subsection (e)(2).
    (j) The applicant is responsible for any fees associated with a
criminal history check.
    (k) The department shall, at the applicant's request, inform the
applicant whether the department has or does not have a record of the
person who is the subject of a criminal history check and if the
department has identified the person as an alleged perpetrator of abuse
or neglect. The department may not provide to the applicant any details
or personally identifying information contained in any child protective
investigation report.
    (l) A person who is the subject of a criminal history check
conducted in accordance with this section may request the state police
department to provide the person with a copy of any state or national
criminal history report concerning the person.
    SECTION 179. IC 31-27-4-6, AS AMENDED BY P.L.45-2023,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 6. (a) The following constitute sufficient grounds
for a denial of a license application:
       (1) A determination by the department of child abuse or neglect
       by:
SEA 80 — CC 1
                                  256
         (A) the applicant;
         (B) an employee or a volunteer of the applicant who has direct
         contact, on a regular and continuous basis, with children who
         are under the direct supervision of the applicant; or
         (C) a person residing in the applicant's residence.
     (2) A criminal conviction of the applicant of any of the following:
         (A) a felony;
         (B) a misdemeanor related to the health and safety of a child;
         (C) a misdemeanor for operating a child care center or child
         care home without a license under IC 12-17.2-5; or
         (D) a misdemeanor for operating a foster family home without
         a license under this chapter (or IC 12-17.4-4 before its repeal).
     (3) A determination by the department that the applicant made
     false statements in the applicant's application for licensure.
     (4) A determination by the department that the applicant made
     false statements in the records required by the department.
     (5) A determination by the department that:
         (A) the applicant;
         (B) an employee or a volunteer of the applicant who has direct
         contact, on a regular and continuous basis, with children who
         are under the direct supervision of the applicant; or
         (C) a person residing in the applicant's residence;
     previously operated a child care center or child care home without
     a license under IC 12-17.2-5 or a foster family home without a
     license under this chapter (or IC 12-17.4-4 before its repeal).
     (6) A juvenile adjudication of the applicant for a nonwaivable
     offense, as defined in IC 31-9-2-84.8 IC 31-9-2.1-168 that, if
     committed by an adult, would be a felony.
   (b) An application for a license may also be denied if an individual
who resides in the residence of the applicant or an employee or
volunteer of the applicant who has direct contact on a regular and
continuous basis with children who are under the direct supervision of
the applicant has had any of the following:
     (1) A conviction of a nonwaivable offense, as defined in
     IC 31-9-2-84.8. IC 31-9-2.1-168.
     (2) A conviction of any other felony or a misdemeanor relating to
     the health and safety of a child, unless the applicant is granted a
     waiver by the department to employ or assign the person as a
     volunteer in a position described in this subsection or to permit
     the individual to reside in the applicant's residence.
     (3) A juvenile adjudication for a nonwaivable offense, as defined
     in IC 31-9-2-84.8 IC 31-9-2.1-168 that, if committed by an adult,
SEA 80 — CC 1
                                   257
      would be a felony, unless the applicant is granted a waiver by the
      department to:
         (A) employ or assign the person as a volunteer in a position
         described in this subsection; or
         (B) permit the individual to reside in the applicant's residence.
   (c) In determining whether to grant a waiver under subsection (b),
the department shall consider the following factors:
      (1) The length of time that has passed since the disqualifying
      conviction.
      (2) The severity, nature, and circumstances of the offense.
      (3) Evidence of rehabilitation.
      (4) The duties and qualifications required for the proposed
      employment positions or volunteer assignment.
      (5) The nature and extent of unsupervised contact with children
      residing in the home.
   (d) Notwithstanding subsection (a) or (b), if:
      (1) a license application could be denied due to a criminal
      conviction of, or a determination of child abuse or neglect by, an
      employee, a volunteer, or a person residing in the residence of the
      applicant; and
      (2) the department determines that the employee or volunteer has
      been dismissed before the employee or volunteer has direct
      contact on a regular and continuing basis with a child who is or
      will be placed in a facility operated by the applicant or that the
      person residing in the residence no longer resides there;
the criminal conviction of, or determination of child abuse or neglect
by, the former employee, former volunteer, or former household
resident does not constitute a sufficient basis for the denial of a license
application.
   (e) The following do not constitute a sufficient basis for the denial
of a license application:
      (1) The applicant's immunization status or refusal to receive an
      immunization.
      (2) The immunization status of or refusal to receive an
      immunization by:
         (A) an individual who resides in the applicant's residence; or
         (B) an employee or volunteer of the applicant who has direct
         contact on a regular and continuous basis with children who
         are under the direct supervision of the applicant.
   (f) Nothing in this section prohibits a licensed child placing agency
from making placement decisions based on the individual needs of a
medically fragile child or on biological parental preferences.
SEA 80 — CC 1
                                   258
   (g) The department may adopt rules to implement this section.
   SECTION 180. IC 31-27-4-13, AS AMENDED BY P.L.183-2017,
SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 13. (a) The department shall deny a license when
an applicant fails to meet the requirements for a license. The
department shall deny a license to an applicant who has been convicted
of a nonwaivable offense (as defined in IC 31-9-2-84.8).
IC 31-9-2.1-168).
   (b) The department may deny a license to an applicant who:
      (1) has been convicted of a felony that is not described in
      subsection (a); or
      (2) has had a juvenile adjudication for an act described in
      subsection (a) that, if committed by an adult, would be a felony.
   (c) The department shall send written notice by certified mail that
the application has been denied and give the reasons for the denial.
   (d) An administrative hearing concerning the denial of a license
shall be provided upon written request by the applicant. The request
must be made not more than thirty (30) days after receiving the written
notice under subsection (c).
   (e) An administrative hearing shall be held in accordance with
IC 4-21.5-3.
   SECTION 181. IC 31-27-4-32, AS AMENDED BY P.L.183-2017,
SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 32. (a) The following constitute sufficient grounds
for revocation of a license:
      (1) A determination by the department of child abuse or neglect
      by:
          (A) the licensee;
          (B) an employee or a volunteer of the licensee who has direct
          contact, on a regular and continuous basis, with children who
          are under the direct supervision of the licensee; or
          (C) a person who is residing in the home of the licensee.
      (2) A criminal conviction of the licensee for any of the following:
          (A) A felony.
          (B) A misdemeanor related to the health or safety of a child.
          (C) A misdemeanor for operating a child care center or child
          care home without a license under IC 12-17.2-5.
          (D) A misdemeanor for operating a foster family home without
          a license under this chapter (or IC 12-17.4-4 before its repeal).
      (3) A determination by the department that the licensee made
      false statements in the licensee's application for licensure.
      (4) A determination by the department that the licensee made
SEA 80 — CC 1
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      false statements in the records required by the department.
      (5) A determination by the department that:
          (A) the licensee;
          (B) an employee or a volunteer of the licensee who has direct
          contact, on a regular and continuous basis, with children who
          are under the direct supervision of the licensee; or
          (C) a person residing in the licensee's residence;
      previously operated a child care center or child care home without
      a license under IC 12-17.2-5 or a foster family home without a
      license under this chapter (or IC 12-17.4-4 before its repeal).
      (6) A juvenile adjudication of the licensee for a nonwaivable
      offense, as defined in IC 31-9-2-84.8 IC 31-9-2.1-168 that, if
      committed by an adult, would be a felony.
    (b) A license may also be revoked if an individual who resides in the
residence of the licensee or an employee or volunteer of the licensee
who has direct contact on a regular and continuous basis with children
who are under the direct supervision of the licensee has had any of the
following:
      (1) A conviction of a nonwaivable offense, as defined in
      IC 31-9-2-84.8. IC 31-9-2.1-168.
      (2) A conviction of any other felony or a misdemeanor relating to
      the health and safety of a child, unless the licensee is granted a
      waiver by the department to employ or assign the person as a
      volunteer in a position described in this subsection or to permit
      the individual to reside in the licensee's residence.
      (3) A juvenile adjudication for a nonwaivable offense, as defined
      in IC 31-9-2-84.8 IC 31-9-2.1-168 that, if committed by an adult,
      would be a felony, unless the licensee is granted a waiver by the
      department to:
          (A) employ or assign the individual as a volunteer in a position
          described in this subsection; or
          (B) permit the individual to reside in the licensee's residence.
    (c) In determining whether to grant a waiver under subsection (b),
the department shall consider the following factors:
      (1) The length of time that has passed since the disqualifying
      conviction.
      (2) The severity, nature, and circumstances of the offense.
      (3) Evidence of rehabilitation.
      (4) The duties and qualifications required for the proposed
      employment positions or volunteer assignment.
    (d) Notwithstanding subsection (b), if:
      (1) a license could be revoked due to a criminal conviction of, or
SEA 80 — CC 1
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      a determination of child abuse or neglect by, an employee or a
      volunteer of the licensee or an individual residing in the residence
      of the licensee; and
      (2) the department determines that the employee or volunteer has
      been dismissed by the licensee within a reasonable time after the
      licensee became aware of the conviction or that the individual no
      longer resides in the licensee's residence;
the criminal conviction of, or determination of child abuse or neglect
by, the former employee, former volunteer, or former household
resident does not constitute a sufficient basis for the revocation of a
license.
    (e) The department may adopt rules to implement this section.
    SECTION 182. IC 31-27-4-33, AS AMENDED BY P.L.183-2017,
SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 33. (a) A licensee shall operate a foster family
home in compliance with the rules established under this article and is
subject to the disciplinary sanctions under subsection (b) if the
department finds that the licensee has violated this article or a rule
adopted under this article.
    (b) After complying with the procedural provisions in sections 22
through 24 of this chapter, the department may revoke the license when
the department finds that a licensee has committed a violation under
subsection (a). However, the department shall permanently revoke the
license of a licensee who has been convicted of any of the nonwaivable
offenses, as defined in IC 31-9-2-84.8. IC 31-9-2.1-168. The
department may permanently revoke the license of a person who has
been convicted of a nonwaivable offense that is not described in
IC 31-9-2-84.8 IC 31-9-2.1-168 and for other reasons set forth in rules
adopted by the department.
    SECTION 183. IC 31-27-5-4, AS AMENDED BY HEA 1357-2026,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 4. (a) An applicant must apply for a group home
license on forms provided by the department.
    (b) An applicant must submit the required information as part of the
application.
    (c) An applicant must submit with the application a statement
attesting the following:
      (1) Whether the applicant has been convicted of:
          (A) a felony; or
          (B) a misdemeanor relating to the health and safety of
          children.
      (2) Whether the applicant has been charged with:
SEA 80 — CC 1
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          (A) a felony; or
          (B) a misdemeanor relating to the health and safety of
          children;
      during the pendency of the application.
   (d) The department on behalf of an applicant, or, at the discretion of
the department, an applicant, shall conduct a criminal history check of
the following:
      (1) Each individual who is an applicant.
      (2) The director or manager of a facility where children will be
      placed.
      (3) Each employee or volunteer of the applicant.
      (4) Each contractor or individual working in the group home who
      is likely to have unsupervised contact with children in the group
      home.
   (e) If the applicant conducts a criminal history check under
subsection (d), the applicant shall:
      (1) maintain records of the information it receives concerning
      each individual who is the subject of a criminal history check; and
      (2) submit to the department a copy of the information the
      applicant receives concerning each person described in subsection
      (d)(1) through (d)(4).
   (f) If the department conducts a criminal history check on behalf of
an applicant under subsection (d), the department shall:
      (1) determine whether the subject of a national fingerprint based
      criminal history check has a record of a:
          (A) conviction for a felony;
          (B) conviction for a misdemeanor relating to the health and
          safety of a child; or
          (C) juvenile adjudication for a nonwaivable offense, as defined
          in IC 31-9-2-84.8 IC 31-9-2.1-168 that, if committed by an
          adult, would be a felony;
      (2) notify the applicant of the determination under subdivision (1)
      without identifying a specific offense or other identifying
      information concerning a conviction or juvenile adjudication
      contained in the national criminal history record information;
      (3) submit to the applicant a copy of any state limited criminal
      history report that the department receives on behalf of any person
      described in subsection (d); and
      (4) maintain a record of every report and all information it
      receives concerning a person described in subsection (d).
   (g) Except as provided in subsection (h) and section 4.5 of this
chapter, a criminal history check described in subsection (d) is required
SEA 80 — CC 1
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only at the time an application for a new license or the renewal of an
existing license is submitted.
    (h) Except as provided in subsection (i), a criminal history check of
each person described in subsection (d)(2), (d)(3), or (d)(4) must be
completed on or before the date the person:
       (1) is employed;
       (2) is assigned as a volunteer; or
       (3) enters into, or the person's employing entity enters into, a
       contract with the applicant.
    (i) An individual may be employed by a group home as an
employee, volunteer, or contractor before a criminal history check of
the individual is completed as required under subsection (h) if all of the
following conditions are satisfied:
       (1) The following checks have been completed regarding the
       individual:
           (A) A fingerprint based check of national crime information
           data bases under IC 31-9-2-22.5(1). IC 31-9-2.1-58(1).
           (B) A national sex offender registry check under
           IC 31-9-2-22.5(3). IC 31-9-2.1-58(3).
           (C) An in-state local criminal records check under
           IC 31-9-2-22.5(4). IC 31-9-2.1-58(4).
           (D) An in-state child protection index check under
           IC 31-33-26.
       (2) If the individual has resided outside Indiana at any time during
       the five (5) years preceding the individual's date of hiring by the
       group home, the following checks have been requested regarding
       the individual:
           (A) An out-of-state child abuse registry check under
           IC 31-9-2-22.5(2). IC 31-9-2.1-58(2).
           (B) An out-of-state local criminal records check under
           IC 31-9-2-22.5(4). IC 31-9-2.1-58(4).
       (3) The individual's employment before the completion of the
       criminal history check required under subsection (h) is limited to
       training during which the individual:
           (A) does not have contact with children who are under the care
           and control of the group home; and
           (B) does not have access to records containing information
           regarding children who are under the care and control of the
           group home.
       (4) The individual completes an attestation, under penalty of
       perjury, disclosing:
           (A) any abuse or neglect complaints made against the
SEA 80 — CC 1
                                  263
          individual with the child welfare agency of a state other than
          Indiana in which the individual resided within the five (5)
          years preceding the date of the attestation; and
          (B) any contact the individual had with a law enforcement
          agency in connection with the individual's suspected or alleged
          commission of a crime in a state other than Indiana in which
          the individual resided within the five (5) years preceding the
          date of the attestation.
   (j) The applicant is responsible for any fees associated with a
criminal history check.
   (k) The department shall, at the applicant's request, inform the
applicant as to whether the department has or does not have a record of
the person who is the subject of a criminal history check and whether
the department has identified the person as an alleged perpetrator of
abuse or neglect. The department may not provide to the applicant any
details or personally identifying information contained in any child
protective services investigation report.
   (l) A person who is the subject of a criminal history check
conducted in accordance with this section may request the state police
department to provide the person with a copy of any state or national
criminal history report concerning the person.
   SECTION 184. IC 31-27-5-6, AS AMENDED BY HEA 1092-2026,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 6. (a) The following constitute sufficient grounds
for a denial of a license application:
      (1) A determination by the department of child abuse or neglect
      by:
          (A) the applicant; or
          (B) an employee, volunteer, or contractor of the applicant.
      (2) A criminal conviction of the applicant, or the director or
      manager of a facility where children will be placed by the
      applicant, for any of the following:
          (A) A felony.
          (B) A misdemeanor related to the health and safety of a child.
          (C) A misdemeanor for operating a child caring institution,
          foster family home, group home, or child placing agency
          without a license under this article (or IC 12-17.4 before its
          repeal).
          (D) A misdemeanor for operating a child care center or child
          care home without a license under IC 12-17.2.
      (3) A determination by the department that the applicant made
      false statements in the applicant's application for licensure.
SEA 80 — CC 1
                                 264
     (4) A determination by the department that the applicant made
     false statements in the records required by the department.
     (5) A determination by the department that:
         (A) the applicant; or
         (B) an employee, volunteer, or contractor of the applicant;
     previously operated a home or facility without a license required
     under any applicable provision of this article (or IC 12-17.4
     before its repeal) or IC 12-17.2.
     (6) A juvenile adjudication of the applicant for a nonwaivable
     offense, as defined in IC 31-9-2-84.8 IC 31-9-2.1-168 that, if
     committed by an adult, would be a felony.
     (7) A determination by the department that the applicant was
     previously licensed under this article and the license was revoked
     within one (1) year of the current application.
   (b) An application for a license may also be denied if an employee,
volunteer, or contractor of the applicant has had any of the following:
     (1) A conviction of a nonwaivable offense, as defined in
     IC 31-9-2-84.8. IC 31-9-2.1-168.
     (2) A conviction of any other felony or a misdemeanor relating to
     the health and safety of a child, unless the applicant is granted a
     waiver by the department to employ or assign the person as a
     volunteer in a position described in this subsection.
     (3) A juvenile adjudication for a nonwaivable offense, as defined
     in IC 31-9-2-84.8 IC 31-9-2.1-168 that, if committed by an adult,
     would be a felony, unless the applicant is granted a waiver by the
     department to employ or assign the person as a volunteer in a
     position described in this subsection.
   (c) In determining whether to grant a waiver under subsection (b),
the department shall consider the following factors:
     (1) The length of time that has passed since the disqualifying
     conviction.
     (2) The severity, nature, and circumstances of the offense.
     (3) Evidence of rehabilitation.
     (4) The duties and qualifications required for the proposed
     employment positions, volunteer assignment, or contract.
   (d) Notwithstanding subsection (a) or (b), if:
     (1) a license application could be denied due to a criminal
     conviction of, or a determination of child abuse or neglect by, an
     employee, volunteer, or contractor of the applicant; and
     (2) the department determines that the employee, volunteer, or
     contractor has been dismissed by the applicant within a
     reasonable time after the applicant became aware of the
SEA 80 — CC 1
                                  265
      conviction or determination;
the criminal conviction of, or determination of child abuse or neglect
by, the former employee, former volunteer, or former contractor does
not constitute a sufficient basis for the denial of a license application.
   (e) The department may adopt rules to implement this section.
   SECTION 185. IC 31-27-5-31, AS AMENDED BY HEA
1202-2026, SECTION 47, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 31. (a) The following constitute
sufficient grounds for revocation of a license:
      (1) A determination by the department of child abuse or neglect
      by:
          (A) the licensee; or
          (B) an employee, volunteer, or contractor of the licensee.
      (2) A criminal conviction of the licensee, or the director or
      manager of a facility where children will be placed by the
      licensee, for any of the following:
          (A) A felony.
          (B) A misdemeanor related to the health or safety of a child.
          (C) A misdemeanor for operating a child caring institution,
          foster family home, group home, or child placing agency
          without a license under this article (or IC 12-17.4 before its
          repeal).
          (D) A misdemeanor for operating a child care center or child
          care home without a license under IC 12-17.2.
      (3) A determination by the department that the licensee made
      false statements in the licensee's application for licensure.
      (4) A determination by the department that the licensee made
      false statements in the records required by the department.
      (5) A determination by the department that:
          (A) the licensee; or
          (B) an employee, volunteer, or contractor of the licensee;
      previously operated a home or facility without a license required
      under any applicable provision of this article (or IC 12-17.4
      before its repeal) or IC 12-17.2.
      (6) A juvenile adjudication of the licensee for a nonwaivable
      offense, as defined in IC 31-9-2-84.8 IC 31-9-2.1-168 that, if
      committed by an adult, would be a felony.
      (7) A determination by the department that the operator of a group
      home has failed to comply with an order of the department of
      homeland security.
   (b) A license may also be revoked if an employee, volunteer, or
contractor of the licensee has had any of the following:
SEA 80 — CC 1
                                 266
      (1) A conviction of a nonwaivable offense, as defined in
      IC 31-9-2-84.8. IC 31-9-2.1-168.
      (2) A conviction of any other felony or a misdemeanor relating to
      the health and safety of a child, unless the licensee is granted a
      waiver by the department with regard to the employee, volunteer,
      or contractor.
      (3) A juvenile adjudication for a nonwaivable offense, as defined
      in IC 31-9-2-84.8 IC 31-9-2.1-168 that, if committed by an adult,
      would be a felony, unless the licensee is granted a waiver by the
      department with regard to the employee, volunteer, or contractor.
    (c) In determining whether to grant a waiver under subsection (b),
the department shall consider the following factors:
      (1) The length of time that has passed since the disqualifying
      conviction.
      (2) The severity, nature, and circumstances of the offense.
      (3) Evidence of rehabilitation.
      (4) The duties and qualifications required for the proposed
      employment positions, volunteer assignment, or contract.
    (d) Notwithstanding subsection (a) or (b), if:
      (1) a license could be revoked due to a criminal conviction of, or
      a determination of child abuse or neglect by, an employee,
      volunteer, or contractor of the licensee; and
      (2) the department determines that the employee, volunteer, or
      contractor has been dismissed by the licensee within a reasonable
      time after the licensee became aware of the conviction;
the criminal conviction of, or determination of child abuse or neglect
by, the former employee, former volunteer, or former contractor does
not constitute a sufficient basis for the revocation of a license.
    (e) The department may adopt rules to implement this section.
    SECTION 186. IC 31-27-6-2, AS AMENDED BY HEA 1357-2026,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. (a) An applicant must apply for a child placing
agency license on forms provided by the department.
    (b) An applicant must submit the required information as part of the
application.
    (c) The applicant must submit with the application a statement
attesting the following:
      (1) Whether the applicant has been convicted of:
          (A) a felony; or
          (B) a misdemeanor relating to the health and safety of
          children.
      (2) Whether the applicant has been charged with:
SEA 80 — CC 1
                                  267
          (A) a felony; or
          (B) a misdemeanor relating to the health and safety of
          children;
      during the pendency of the application.
   (d) The department on behalf of an applicant, or, at the discretion of
the department, an applicant, shall conduct a criminal history check of
the following:
      (1) Each individual who is an applicant.
      (2) The director or manager of a facility where children will be
      placed.
      (3) Each employee, volunteer, or contractor of the applicant.
   (e) If the applicant conducts a criminal history check under
subsection (d), the applicant shall:
      (1) maintain records of the information it receives concerning
      each individual who is the subject of a criminal history check; and
      (2) submit to the department a copy of the information it receives
      concerning each person described in subsection (d)(1) through
      (d)(3).
   (f) If the department conducts a criminal history check on behalf of
an applicant under subsection (d), the department shall:
      (1) determine whether the subject of a national fingerprint based
      criminal history check has a record of a:
          (A) conviction for a felony;
          (B) conviction for a misdemeanor relating to the health and
          safety of a child; or
          (C) juvenile adjudication for a nonwaivable offense, as defined
          in IC 31-9-2-84.8 IC 31-9-2.1-168 that, if committed by an
          adult, would be a felony;
      (2) notify the applicant of the determination under subdivision (1)
      without identifying a specific offense or other identifying
      information concerning a conviction or juvenile adjudication
      contained in the national criminal history record information;
      (3) submit to the applicant a copy of any state limited criminal
      history report that the department receives on behalf of any person
      described in subsection (d); and
      (4) maintain a record of every report and all information the
      department receives concerning a person described in subsection
      (d).
   (g) Except as provided in subsection (h) and section 2.5 of this
chapter, a criminal history check described in subsection (d) is required
only at the time an application for a new license or the renewal of an
existing license is submitted.
SEA 80 — CC 1
                                   268
    (h) Except as provided in subsection (i), a criminal history check of
each person described in subsection (d)(2) or (d)(3) must be completed
on or before the date the person:
       (1) is employed;
       (2) is assigned as a volunteer; or
       (3) enters into, or the person's employing entity enters into, a
       contract with the applicant.
    (i) An individual may be employed by a child placing agency as an
employee, volunteer, or contractor before a criminal history check of
the individual is completed as required under subsection (h) if all of the
following conditions are satisfied:
       (1) The following checks have been completed regarding the
       individual:
           (A) A fingerprint based check of national crime information
           data bases under IC 31-9-2-22.5(1). IC 31-9-2.1-58(1).
           (B) A national sex offender registry check under
           IC 31-9-2-22.5(3). IC 31-9-2.1-58(3).
           (C) An in-state local criminal records check under
           IC 31-9-2-22.5(4). IC 31-9-2.1-58(4).
           (D) An in-state child protection index check under
           IC 31-33-26.
       (2) If the individual has resided outside Indiana at any time during
       the five (5) years preceding the individual's date of hiring by the
       child placing agency, the following checks have been requested
       regarding the individual:
           (A) An out-of-state child abuse registry check under
           IC 31-9-2-22.5(2). IC 31-9-2.1-58(2).
           (B) An out-of-state local criminal records check under
           IC 31-9-2-22.5(4). IC 31-9-2.1-58(4).
       (3) The individual's employment before the completion of the
       criminal history check required under subsection (h) is limited to
       training during which the individual:
           (A) does not have contact with children who are under the care
           and control of the child placing agency; and
           (B) does not have access to records containing information
           regarding children who are under the care and control of the
           child placing agency.
       (4) The individual completes an attestation, under penalty of
       perjury, disclosing:
           (A) any abuse or neglect complaints made against the
           individual with the child welfare agency of a state other than
           Indiana in which the individual resided within the five (5)
SEA 80 — CC 1
                                  269
           years preceding the date of the attestation; and
           (B) any contact the individual had with a law enforcement
           agency in connection with the individual's suspected or alleged
           commission of a crime in a state other than Indiana in which
           the individual resided within the five (5) years preceding the
           date of the attestation.
    (j) The applicant or facility is responsible for any fees associated
with a criminal history check.
    (k) The department shall, at the applicant's request, inform the
applicant whether the department has or does not have a record of the
person who is the subject of a criminal history check and if the
department has identified the person as an alleged perpetrator of abuse
or neglect. The department may not provide to the applicant any details
or personally identifying information contained in any child protective
investigation report.
    (l) A person who is the subject of a criminal history check
conducted in accordance with this section may request the state police
department to provide the person with a copy of any state or national
criminal history report concerning the person.
    SECTION 187. IC 31-27-6-3, AS AMENDED BY HEA 1092-2026,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3. (a) The following constitute sufficient grounds
for denial of a license application:
       (1) A determination by the department of child abuse or neglect
       by:
           (A) the applicant; or
           (B) an employee, volunteer, or contractor of the applicant.
       (2) A criminal conviction of the applicant, or the director or
       manager of a facility where children will be placed by the
       licensee, for any of the following:
           (A) A felony.
           (B) A misdemeanor related to the health and safety of a child.
           (C) A misdemeanor for operating a child caring institution,
           foster family home, group home, or child placing agency
           without a license under this article (or IC 12-17.4 before its
           repeal).
           (D) A misdemeanor for operating a child care center or child
           care home without a license under IC 12-17.2.
       (3) A determination by the department that the applicant made
       false statements in the applicant's application for licensure.
       (4) A determination by the department that the applicant made
       false statements in the records required by the department.
SEA 80 — CC 1
                                  270
      (5) A determination by the department that:
          (A) the applicant; or
          (B) an employee, volunteer, or contractor of the applicant;
      previously operated a home or facility without a license required
      under any applicable provision of this article (or IC 12-17.4
      before its repeal) or IC 12-17.2.
      (6) A juvenile adjudication of the applicant for a nonwaivable
      offense, as defined in IC 31-9-2-84.8 IC 31-9-2.1-168 that, if
      committed by an adult, would be a felony.
      (7) A determination by the department that the applicant was
      previously licensed under this article and the license was revoked
      within one (1) year of the current application
   (b) An application for a license may also be denied if an employee,
volunteer, or contractor of the applicant has had any of the following:
      (1) A conviction of a nonwaivable offense, as defined in
      IC 31-9-2-84.8. IC 31-9-2.1-168.
      (2) A conviction of any other felony or a misdemeanor relating to
      the health and safety of a child, unless the applicant is granted a
      waiver by the department with regard to the employee, volunteer,
      or contractor.
      (3) A juvenile adjudication for a nonwaivable offense, as defined
      in IC 31-9-2-84.8 IC 31-9-2.1-168 that, if committed by an adult,
      would be a felony, unless the applicant is granted a waiver by the
      department with regard to the employee, volunteer, or contractor.
   (c) In determining whether to grant a waiver under subsection (b),
the department shall consider the following factors:
      (1) The length of time that has passed since the disqualifying
      conviction.
      (2) The severity, nature, and circumstances of the offense.
      (3) Evidence of rehabilitation.
      (4) The duties and qualifications required for the proposed
      employment positions, volunteer assignment, or contract.
   (d) Notwithstanding subsection (a) or (b), if:
      (1) a license application could be denied due to a criminal
      conviction of, or a determination of child abuse or neglect by, an
      employee, volunteer, or contractor of the applicant; and
      (2) the department determines that the employee, volunteer, or
      contractor has been dismissed by the applicant within a
      reasonable time after the applicant became aware of the
      conviction or determination;
the criminal conviction of, or determination of child abuse or neglect
by, the former employee, former volunteer, or former contractor does
SEA 80 — CC 1
                                   271
not constitute a sufficient basis for the denial of a license application.
    (e) The department may adopt rules to implement this section.
    SECTION 188. IC 31-27-6-15.5, AS AMENDED BY P.L.81-2025,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 15.5. (a) A child placing agency shall establish
minimum qualifications for each classification of employee. The
standards in subsections (b) through (e) must be used as a guide by
each child placing agency in establishing minimum qualifications for
the classifications of an executive, a casework supervisor, a
caseworker, and a worker in training, and by the department in the
licensing of each child placing agency.
    (b) An executive must have the following:
      (1) A bachelor's degree.
      (2) At least one (1) of the following:
         (A) Five (5) years of paid experience in a field related to social
         work, at least two (2) years of which were:
           (i) in social work; or
           (ii) in a supervisory or administrative capacity in a field
           related to social work, including working for the department.
         (B) A master's degree in social work, counseling, or a related
         human services area and at least two (2) years of paid
         experience:
           (i) in social work; or
           (ii) in a supervisory or administrative capacity in a field
           related to social work, including working for the department.
    (c) A casework supervisor must have the following:
      (1) A bachelor's degree.
      (2) At least one (1) of the following:
         (A) Three (3) years of supervised paid casework experience,
         at least one (1) year of which was with a child welfare agency
         (as defined in IC 31-9-2-19.3). IC 31-9-2.1-50).
         (B) At least eight (8) credit hours of master's degree level
         courses in:
           (i) social work;
           (ii) counseling; or
           (iii) a human services area of study or related field;
         and at least one (1) year of supervised paid casework with a
         child welfare agency (as defined in IC 31-9-2-19.3).
         IC 31-9-2.1-50).
    (d) A caseworker must have the following:
      (1) A bachelor's degree.
      (2) At least one (1) of the following:
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          (A) Three (3) years of supervised paid casework experience.
          (B) One (1) year of supervised paid casework experience in a
          licensed child placing agency or with the department.
          (C) One (1) year of graduate training in a recognized school of
          social work.
   (e) A worker in training must have a bachelor's degree.
   (f) A child placing agency must only employ a staff member who is:
      (1) duly qualified;
      (2) of good moral character; and
      (3) in satisfactory health.
   (g) An employee who is in a position on January 1, 2012, and who
qualified for that position on December 31, 2011, is exempt from the
requirements of this section.
   SECTION 189. IC 31-27-6-28, AS AMENDED BY P.L.243-2019,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 28. (a) The following constitute sufficient grounds
for revocation of a license:
      (1) A determination by the department of child abuse or neglect
      (as defined in IC 31-9-2-14) IC 31-9-2.1-33) by:
          (A) the licensee; or
          (B) an employee, volunteer, or contractor of the licensee.
      (2) A criminal conviction of the licensee, or the director or
      manager of a facility where children will be placed by the
      licensee, for any of the following:
          (A) A felony.
          (B) A misdemeanor related to the health or safety of a child.
          (C) A misdemeanor for operating a child caring institution,
          foster family home, group home, or child placing agency
          without a license under this article (or IC 12-17.4 before its
          repeal).
          (D) A misdemeanor for operating a child care center or child
          care home without a license under IC 12-17.2.
      (3) A determination by the department that the licensee made
      false statements in the licensee's application for licensure.
      (4) A determination by the department that the licensee made
      false statements in the records required by the department.
      (5) A determination by the department that:
          (A) the licensee; or
          (B) an employee, volunteer, or contractor of the licensee;
      previously operated a home or facility without a license required
      under any applicable provision of this article (or IC 12-17.4
      before its repeal) or IC 12-17.2.
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      (6) A juvenile adjudication of a licensee for a nonwaivable
      offense, as defined in IC 31-9-2-84.8 IC 31-9-2.1-168 that, if
      committed by an adult, would be a felony.
   (b) A license may also be revoked if an employee, volunteer, or
contractor of the licensee has had any of the following:
      (1) A conviction of a nonwaivable offense, as defined in
      IC 31-9-2-84.8. IC 31-9-2.1-168.
      (2) A conviction of any other felony or a misdemeanor relating to
      the health and safety of a child, unless the licensee is granted a
      waiver by the department with regard to the employee, volunteer,
      or contractor.
      (3) A juvenile adjudication for a nonwaivable offense, as defined
      in IC 31-9-2-84.8 IC 31-9-2.1-168 that, if committed by an adult,
      would be a felony, unless the licensee is granted a waiver by the
      department with regard to the employee, volunteer, or contractor.
   (c) In determining whether to grant a waiver under subsection (b),
the department shall consider the following factors:
      (1) The length of time that has passed since the disqualifying
      conviction.
      (2) The severity, nature, and circumstances of the offense.
      (3) Evidence of rehabilitation.
      (4) The duties and qualifications required for the proposed
      employment positions, volunteer assignment, or contract.
   (d) Notwithstanding subsection (a) or (b), if:
      (1) a license could be revoked due to a criminal conviction of, or
      a determination of child abuse or neglect by, an employee,
      volunteer, or contractor of the licensee; and
      (2) the department determines that the employee, volunteer, or
      contractor has been dismissed by the licensee within a reasonable
      time after the licensee became aware of the conviction or
      determination;
the criminal conviction of, or determination of child abuse or neglect
by, the former employee, former volunteer, or former contractor does
not constitute a sufficient basis for the revocation of a license.
   (e) The department may adopt rules to implement this section.
   SECTION 190. IC 31-27-7-2, AS ADDED BY P.L.173-2022,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. As used in this chapter, "child services
provider" means the following:
      (1) A child caring institution, as defined in IC 31-9-2-16.7.
      IC 31-9-2.1-42.
      (2) A group home, as defined in IC 31-9-2-48.5. IC 31-9-2.1-115.
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      (3) A licensed child placing agency, as defined in IC 31-9-2-17.5.
      IC 31-9-2.1-46.
      (4) A secure private facility, as defined in IC 31-9-2-115.
      IC 31-9-2.1-223.
    SECTION 191. IC 31-32-2-2.5, AS ADDED BY P.L.120-2007,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2.5. (a) This section applies only to a court
ordered or voluntary mental health:
      (1) screening;
      (2) assessment;
      (3) evaluation; or
      (4) treatment;
provided by or under the direction of an evaluator, as defined in
IC 31-9-2-43.8, IC 31-9-2.1-90, in conjunction with proceedings under
this article.
    (b) Except as provided in subsection (d) and except for purposes of:
      (1) a probation revocation proceeding; or
      (2) a modification of a dispositional decree under IC 31-37-22;
a statement communicated to an evaluator in the evaluator's official
capacity may not be admitted as evidence against the child on the issue
of whether the child committed a delinquent act or a crime.
    (c) This section does not affect the admissibility of evidence when
a juvenile interposes the defense of insanity.
    (d) This section does not affect a disclosure or reporting
requirement in effect on July 1, 2007, under statute or in case law
regarding a statement that:
      (1) relates directly to the facts or immediate circumstances of a
      homicide; or
      (2) reveals that the child may intend to commit a crime.
    SECTION 192. IC 31-32-2-3.5, AS ADDED BY P.L.179-2025,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3.5. An individual with whom a child is placed,
or a representative of a licensed child placing agency (as defined by
IC 31-9-2-17.5) in IC 31-9-2.1-46) that is providing services to a child,
during child in need of services proceedings regarding the child is
entitled to attend, in its entirety, any hearing conducted as part of:
      (1) the child in need of services proceedings; or
      (2) proceedings to terminate the parent-child relationship
      resulting from a petition filed with regard to the child under
      IC 31-35-2-4 during the child in need of services proceedings.
    SECTION 193. IC 31-32-2.5-1, AS AMENDED BY P.L.179-2025,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
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JULY 1, 2026]: Sec. 1. (a) Except as provided in subsection (b) and
subject to this chapter, an individual who is providing care and
supervision of a child as:
      (1) a foster parent;
      (2) a long term foster parent; or
      (3) an unlicensed kinship caregiver;
at the time the child is the subject of a child in need of services
proceeding under IC 31-34 or a termination of parent-child relationship
proceeding under IC 31-35 may intervene as a party during any stage
of the proceeding if the individual files a petition to intervene with the
court and the court makes the findings described in section 3 of this
chapter.
    (b) Any person described in subsection (a) who has been:
      (1) the subject of a substantiated report of child abuse or neglect;
      or
      (2) convicted of a nonwaivable offense, as defined in
      IC 31-9-2-84.8; IC 31-9-2.1-168;
may not intervene under this chapter.
    SECTION 194. IC 31-32-3-10.5, AS ADDED BY P.L.120-2018,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 10.5. (a) As used in this section, "court appointed
special advocate" has the meaning set forth in IC 31-9-2-28.
IC 31-9-2.1-67.
    (b) As used in this section, "guardian ad litem" has the meaning set
forth in IC 31-9-2-50. IC 31-9-2.1-117.
    (c) When a juvenile court appoints a guardian ad litem or court
appointed special advocate in a proceeding from a volunteer based
program funded through IC 33-24-6-4, and, due to the caseload of the
guardian ad litem program or court appointed special advocate
program, the child is placed on a waiting list for guardian ad litem or
court appointed special advocate services:
      (1) the guardian ad litem program or court appointed special
      advocate program;
      (2) any employee of or volunteer for the guardian ad litem
      program or court appointed special advocate program; and
      (3) any individual acting as a contracted guardian ad litem;
are immune from civil liability based on the child being placed on the
waiting list unless the placement of the child on the waiting list is the
result of gross negligence or willful and wanton misconduct.
    (d) Nothing in this section shall be construed to negate the
appointment of a:
      (1) guardian ad litem; or
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      (2) court appointed special advocate;
when required by IC 31-34-10-3.
   SECTION 195. IC 31-32-3-11, AS AMENDED BY P.L.183-2017,
SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 11. (a) A juvenile court may establish a voluntary
preventative program for at-risk children.
   (b) A juvenile court that establishes a program under subsection (a)
may, after conducting a criminal history check of every individual who
is likely to have contact with a child, appoint staff and an early
intervention advocate to implement, coordinate, and carry out the
purposes of the program. The court may not appoint an individual
under this subsection if the results of the criminal history check
disclose that the individual has a record of:
      (1) a conviction for a felony;
      (2) a conviction for a misdemeanor relating to the health and
      safety of a child; or
      (3) a juvenile adjudication for an act that, if committed by an
      adult, would be a nonwaivable offense, as defined in
      IC 31-9-2-84.8. IC 31-9-2.1-168.
   (c) The program staff or an early intervention advocate appointed
under subsection (b) may:
      (1) receive information concerning an at-risk child from any
      person; and
      (2) use the information received under subdivision (1) to create,
      implement, and maintain an individualized plan for the at-risk
      child and the child's family if the child's parent, guardian, or
      custodian has consented to the participation of the child in the
      program. The individualized plan created under this subdivision
      may include a program of counseling, tutoring, or mentoring.
   (d) All information received under the program by the program staff
or an early intervention advocate:
      (1) is confidential; and
      (2) may be disclosed only to the following:
         (A) Program staff or an early intervention advocate appointed
         to the program under subsection (b).
         (B) Any person or entity engaged by a person described in
         clause (A) in creating, implementing, and maintaining a plan
         for an at-risk child and the child's family.
         (C) The juvenile court.
   (e) The privileged communication between:
      (1) a husband and wife;
      (2) a health care provider and the health care provider's patient;
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       (3) a juvenile client and a:
          (A) licensed social worker;
          (B) licensed clinical social worker;
          (C) licensed marriage and family therapist;
          (D) licensed mental health counselor;
          (E) licensed addiction counselor; or
          (F) licensed clinical addiction counselor;
       (4) a school counselor and a student; or
       (5) a school psychologist and a student;
may not prevent an individual described in this subsection from
reporting to, requesting assistance from, or cooperating with program
staff or an early intervention advocate under this section.
    (f) Any individual may request that a child receive assistance under
a program established under subsection (a) if the individual believes a
child may be an at-risk child.
    (g) After receiving a request that a child receive assistance under a
program described in subsection (a), or after receiving information that
a child may be an at-risk child, program staff or an early intervention
advocate shall determine whether the child would benefit from the
program. If the program staff or early intervention advocate determines
that the child would benefit from the program, the staff or early
intervention advocate shall inform the parent, guardian, or custodian of
the determination and request that the parent, guardian, or custodian
permit the child to participate in the program. The child (and the
parent, guardian, or custodian) may participate in the program only
with the consent of the parent, guardian, or custodian.
    (h) A person who:
       (1) makes a good faith request under subsection (f);
       (2) in good faith provides information concerning a child to
       program staff or an early intervention advocate appointed under
       subsection (b); or
       (3) in good faith participates in a plan under this section;
is immune from civil or criminal liability.
    (i) Except as provided under IC 31-33-5, no information received
under the program by the program staff or an early intervention
advocate may be used against the child in a criminal or civil
proceeding.
    SECTION 196. IC 31-33-7-8, AS AMENDED BY P.L.198-2019,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 8. (a) This section applies if the department
receives a report of suspected child abuse or neglect from:
       (1) a hospital;
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      (2) a community mental health center;
      (3) a managed care provider (as defined in IC 12-7-2-127);
      IC 12-7-2.1-219);
      (4) a referring physician;
      (5) a dentist;
      (6) a licensed psychologist;
      (7) a school;
      (8) a child caring institution licensed under IC 31-27;
      (9) a group home licensed under IC 31-27 or IC 12-28-4;
      (10) a secure private facility; or
      (11) a child placing agency (as defined in IC 31-9-2-17.5).
      IC 31-9-2.1-46).
    (b) Not later than forty-five (45) days after the date the department
initiates an assessment or investigation of a report of suspected child
abuse or neglect from a person described in subsection (a), the
department shall send a report to:
      (1) the administrator of the hospital;
      (2) the community mental health center;
      (3) the managed care provider;
      (4) the referring physician;
      (5) the dentist;
      (6) the principal of the school;
      (7) a licensed psychologist;
      (8) a child caring institution licensed under IC 31-27;
      (9) a group home licensed under IC 31-27 or IC 12-28-4;
      (10) a secure private facility; or
      (11) a child placing agency (as defined in IC 31-9-2-17.5).
      IC 31-9-2.1-46).
The report must contain the items listed in subsection (d) that are
known at the time the report is sent.
    (c) The administrator, director, referring physician, dentist, licensed
psychologist, or principal may appoint a designee to receive the report.
    (d) A report made by the department under this section must contain
the following information:
      (1) The name of the alleged victim of child abuse or neglect.
      (2) The name of the alleged perpetrator and the alleged
      perpetrator's relationship to the alleged victim.
      (3) Whether the assessment is closed.
      (4) Whether the department has made an assessment of the case
      and has not taken any further action.
      (5) The caseworker's name and telephone number.
      (6) The date the report is prepared.
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      (7) Other information that the department may prescribe.
    (e) A report made under this section:
      (1) is confidential; and
      (2) may be made available only to:
           (A) the agencies named in this section; and
           (B) the persons and agencies listed in IC 31-33-18-2.
    SECTION 197. IC 31-33-8-7, AS AMENDED BY HEA 1092-2026,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 7. (a) The department's assessment, to the extent
that is reasonably possible, must include the following:
      (1) The nature, extent, and cause of the known or suspected child
      abuse or neglect.
      (2) The identity of the person allegedly responsible for the child
      abuse or neglect.
      (3) The names and conditions of other children in the home.
      (4) An evaluation of the parent, guardian, custodian, or person
      responsible for the care of the child.
      (5) The home environment and the relationship of the child to the
      parent, guardian, or custodian or other persons responsible for the
      child's care.
      (6) All other data considered pertinent.
    (b) The assessment may include the following:
      (1) A visit to the child's home.
      (2) An interview with the subject child:
           (A) upon receiving parental consent;
           (B) upon receiving a court order; or
           (C) if there are exigent circumstances as defined by
           IC 31-9-2-44.1. in IC 31-9-2.1-92.
      (3) A physical, psychological, or psychiatric examination of any
      child in the home.
    (c) If:
      (1) admission to the home, the school, or any other place that the
      child may be; or
      (2) permission of the parent, guardian, custodian, or other persons
      responsible for the child for the physical, psychological, or
      psychiatric examination;
under subsection (b) cannot be obtained, the juvenile court, upon good
cause shown, shall follow the procedures under IC 31-32-12.
    (d) If a custodial parent, a guardian, or a custodian of a child refuses
to allow the department to interview the child after the caseworker has
attempted to obtain the consent of the custodial parent, guardian, or
custodian to interview the child, the department may petition a court to
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order the custodial parent, guardian, or custodian to make the child
available to be interviewed by the caseworker.
    (e) If the court finds that:
       (1) a custodial parent, a guardian, or a custodian has been
       informed of the hearing on a petition described under subsection
       (d); and
       (2) the department has made reasonable and unsuccessful efforts
       to obtain the consent of the custodial parent, guardian, or
       custodian to interview the child;
the court shall specify in the order the efforts the department made to
obtain the consent of the custodial parent, guardian, or custodian and
may grant the motion to interview the child, either with or without the
custodial parent, guardian, or custodian being present.
    (f) If the department requests to interview a child at the child's
school, the school, except a nonaccredited nonpublic school that has
less than one (1) employee, shall grant access to the department to
interview the child alone, if the department employee presents:
       (1) their department issued credential, or other proof of
       employment with the department, for inspection upon arrival at
       the school; and
       (2) a written statement that the department "has parental consent
       or a court order, or exigent circumstances exist as defined by
       IC 31-9-2-44.1 in IC 31-9-2.1-92 to interview [insert child's
       name]". The written statement under this subdivision shall not
       disclose any of the facts of the allegations or evidence and may be
       transmitted to the school electronically.
    (g) If the department provides a written statement under subsection
(f)(2), the school shall:
       (1) not maintain the written statement in the child's file; and
       (2) protect the child and the child's family's confidentiality
       regarding the written statement and the interview.
    (h) If a parent, guardian, or custodian of a child who is the subject
of a substantiated investigation of abuse or neglect is an active duty
member of the military, the department shall notify the United States
Department of Defense Family Advocacy Program of the assessment
concerning the child of the active duty member of the military upon
request.
    SECTION 198. IC 31-33-18-6, AS AMENDED BY SEA 15-2026,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 6. For the purposes of IC 31-26-4.5, the
department may certify or acknowledge that an individual qualifies as
a foster youth under IC 31-9-2-47.3(a). IC 31-9-2.1-110(b).
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   SECTION 199. IC 31-33-18-7, AS AMENDED BY P.L.170-2023,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 7. (a) Subject to subsection (b), the department
may notify a child care worker's employer that a substantiated report
for child abuse or neglect has been entered against the child care
worker if the department:
      (1) enters a new substantiated report against an individual that the
      department knows to be a child care worker (as defined in
      IC 31-9-2-16.6); IC 31-9-2.1-40); and
      (2) knows the identity of the child care worker's employer.
   (b) If the department concludes that the health or safety of a child
will be potentially endangered if the child care worker has continuing
unsupervised contact with a child, the department shall notify the child
care worker's employer that a substantiated report has been entered
against the child care worker not more than two (2) business days after
entering the child care worker's name into the child protection index.
   SECTION 200. IC 31-33-26-1, AS ADDED BY P.L.138-2007,
SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. (a) As used in this chapter, "child care
provider" means a person who:
      (1) provides child care (as defined in IC 12-7-2-28.2)
      IC 12-7-2.1-54) regardless of whether the person is required to be
      licensed or registered under IC 12-17.2; or
      (2) is a child caring institution, a foster family home, a group
      home, or a child placing agency that is licensed or required to be
      licensed under IC 31-27.
   (b) As used in this chapter, "index" refers to the child protection
index established under section 2 of this chapter.
   SECTION 201. IC 31-33-26-16, AS AMENDED BY P.L.13-2021,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 16. (a) A person or an organization may have
access to information contained in the index as follows:
      (1) A law enforcement agency may have access to a substantiated
      report for purposes of investigating or criminally prosecuting a
      person identified as a perpetrator of child abuse or neglect.
      (2) A child care provider, upon submitting a written consent for
      release of information signed by an individual who:
          (A) is employed by or who has applied for employment with
          the child care provider;
          (B) has volunteered to provide services to the child care
          provider in a capacity that would place the individual in direct
          contact, on a regular and continuous basis, with children who
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       are or will be under the direct supervision of the child care
       provider; or
       (C) is at least eighteen (18) years of age and resides in the
       home of the child care provider;
   may have access to any information relating to a substantiated
   report of child abuse or neglect that names the employee,
   applicant, volunteer, or household resident as the perpetrator of
   child abuse or neglect.
   (3) A person may have access to any information that is contained
   in the index pertaining to the person, with protection for the
   identity of:
       (A) a person who reports the child abuse or neglect; and
       (B) any other appropriate person.
   (4) A person or an agency to whom child abuse and neglect
   reports are available under IC 31-33-18 may have access to
   information contained in the index.
   (5) Representatives of the division of family resources designated
   by the director of the division may have access to and use any
   information relating to a substantiated report of child abuse or
   neglect that would constitute a basis for denial or revocation of a
   license for a child care center under IC 12-17.2-4 or a child care
   home under IC 12-17.2-5.
   (6) Representatives of the department designated by the director
   may have access to and use any information relating to a
   substantiated report of child abuse or neglect that would
   constitute a basis for denial or revocation of a license for a child
   caring institution, foster family home, group home, or child
   placing agency under IC 31-27.
   (7) Any representative of the department, a court having juvenile
   jurisdiction, and any party in a case under IC 31-34 or IC 31-37
   may have access to and use any information relating to a
   substantiated report of child abuse or neglect in connection with
   a determination of an appropriate out of home placement for a
   child under any applicable provision of IC 31-34 or IC 31-37 that
   requires a criminal history check (as described in IC 31-9-2-22.5)
   IC 31-9-2.1-58) concerning any person.
   (8) The department shall provide any information contained in a
   substantiated report of child abuse or neglect that is included in
   the index to an authorized agency of another state that requests
   information concerning a prospective foster or adoptive parent, or
   any other adult living in the home of a prospective foster or
   adoptive parent, in accordance with 42 U.S.C. 671(a)(20)(C).
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     (9) The department shall transmit or provide to a national index
     of substantiated cases of child abuse or neglect established in
     accordance with 42 U.S.C. 16990:
         (A) a copy of any substantiated report and related information
         entered into the index; and
         (B) information concerning expungement or amendment of
         any substantiated report as provided in section 14 or 15 of this
         chapter.
     (10) To determine the eligibility of a child care provider to
     receive a voucher payment (as defined in IC 12-17.2-3.5-3), the
     division of family resources may use information contained in the
     index concerning whether a child has been found by a court to be
     a child in need of services based on a report of child abuse or
     neglect naming an individual described in IC 12-17.2-3.5-4.1(a)
     as a perpetrator.
     (11) The office of administrative law proceedings may have
     access to any information relating to a substantiated report of
     child abuse or neglect that is the subject of an administrative
     proceeding before the office of administrative law proceedings.
   (b) Except as provided in this section or in rules adopted under
subsection (c), the department may not disclose information used in
connection with the department's activities under this section.
   (c) The department shall adopt rules under IC 4-22-2 relating to the
procedure for disclosure of information described in this section.
   SECTION 202. IC 31-34-1-3.5, AS AMENDED BY P.L.142-2020,
SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3.5. (a) A child is a child in need of services if,
before the child becomes eighteen (18) years of age:
     (1) the child is the victim of human or sexual trafficking (as
     defined in IC 31-9-2-133.1); IC 31-9-2.1-254); and
     (2) the child needs care, treatment, or rehabilitation that:
         (A) the child is not receiving; and
         (B) is unlikely to be provided or accepted without the coercive
         intervention of the court.
   (b) A child is considered a victim of human or sexual trafficking
regardless of whether the child consented to the conduct described in
subsection (a)(1).
   SECTION 203. IC 31-34-3-4.5, AS AMENDED BY P.L.104-2015,
SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 4.5. (a) If a child is removed from the child's
parents under this chapter, within thirty (30) days after the removal of
the child from the parents the department shall exercise due diligence
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to identify and provide notice of the removal to:
      (1) all adult relatives (as defined in IC 31-9-2-107)
      IC 31-9-2.1-207) of the child, including relatives suggested by
      either parent as required under 42 U.S.C. 671(a)(29); and
      (2) all the child's siblings who are at least eighteen (18) years of
      age.
    (b) The department may not provide notice to a person under
subsection (a) if the department knows or suspects that the person has
caused family or domestic violence.
    (c) A notice under subsection (a) must:
      (1) state that the child has been removed from the parents by the
      department;
      (2) set forth the options the relative may have under federal, state,
      or local laws, including the care and placement of the child and
      other options that may be lost if the relative fails to respond to the
      notice;
      (3) describe the requirements for the relative to become a foster
      parent;
      (4) describe additional services available to the child placed in
      foster care; and
      (5) describe how a relative guardian of a child may subsequently
      enter into an agreement with the department to receive financial
      assistance through the adoption assistance program or
      guardianship assistance program.
    SECTION 204. IC 31-34-4-2, AS AMENDED BY SEA 171-2026,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. (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
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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 IC 31-9-2.1-168 or had a juvenile adjudication for
      an act that would be a nonwaivable offense, as defined in
      IC 31-9-2-84.8 IC 31-9-2.1-168 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 IC 31-9-2.1-168 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,
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as defined in IC 31-9-2-84.8 IC 31-9-2.1-168 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.
   (i) In considering any out-of-home placement, the department shall
consider the following to determine whether a particular out-of-home
placement is in the child's best interest:
      (1) The caregiver is interested in providing permanence for the
      child if reunification efforts ultimately fail.
      (2) The expressed wishes of the child's birth parent and the child,
      if applicable, unless the wishes are contrary to law, child safety,
      or stability.
      (3) The relationship of the caregiver with the child and the child's
      family.
      (4) The proximity of the placement home to the birth parents'
      home and the child's current school or school district.
      (5) The strengths and parenting style of the caregiver in relation
      to the child's behavior and needs.
      (6) The caregiver's willingness to interact with the birth family,
      unless the caregiver has safety concerns.
      (7) The caregiver's ability and willingness to accept placement of
      the child and any of the child's siblings.
      (8) If any sibling will be placed separately, the caregiver's ability
      and willingness to provide or assist in maintaining frequent
      visitation or other ongoing contact between the child and the
      child's siblings.
      (9) The child's fit with the family with regard to age, gender, and
      sibling relationships.
      (10) If the child has chronic behavioral health needs:
          (A) whether the child's behavior will place other children in
          the home at risk; and
          (B) the caregiver's ability to provide the necessary level of
          supervision to prevent harm to the child or others by the child.
      (11) Whether placement in the home would comply with the
      placement preferences prescribed by federal law.
   SECTION 205. IC 31-34-18-6.1, AS AMENDED BY P.L.186-2025,
SECTION 160, IS AMENDED TO READ AS FOLLOWS
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[EFFECTIVE JULY 1, 2026]: Sec. 6.1. (a) The predispositional report
prepared by the department or caseworker must include the following
information:
     (1) A description of all dispositional options considered in
     preparing the report.
     (2) An evaluation of each of the options considered in relation to
     the plan of care, treatment, rehabilitation, or placement
     recommended under the guidelines described in section 4 of this
     chapter.
     (3) A description of the due diligence efforts that the department
     has made to identify all adult relatives of the child.
     (4) The name, occupation and position, and any relationship to the
     child of each person with whom the preparer of the report
     conferred as provided in section 1.1 of this chapter.
     (5) The report and recommendations of the dual status assessment
     team if the child is a dual status child under IC 31-41.
   (b) If the department or caseworker is considering an out-of-home
placement, including placement with a blood or an adoptive relative
caretaker, the department or caseworker shall conduct a criminal
history check (as defined in IC 31-9-2-22.5) IC 31-9-2.1-58) for each
person who is currently residing in the location designated as the
out-of-home placement. The results of the criminal history check must
be included in the predispositional report.
   (c) The department or caseworker is not required to conduct a
criminal history check under this section if:
     (1) the department or caseworker is considering only an
     out-of-home placement to an entity or a facility that:
         (A) is not a residence (as defined in IC 3-5-2.1-90); or
         (B) is licensed by the state; or
     (2) placement under this section is undetermined at the time the
     predispositional report is prepared.
   SECTION 206. IC 31-34-19-5, AS AMENDED BY P.L.128-2012,
SECTION 164, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 5. If the court authorizes a child
who is under the custody or supervision of a local office or the
department to be placed in a state institution (as defined in
IC 12-7-2-184) IC 12-7-2.1-318) for voluntary treatment in accordance
with IC 12-26-3, the court may not release the department from
obligations of the local office or the department to the child until a
parent, guardian, or other responsible person approved by the court
assumes the obligations.
   SECTION 207. IC 31-34-20-1.5, AS AMENDED BY P.L.186-2025,
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SECTION 161, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 1.5. (a) Except as provided in
subsection (d), the juvenile court may not enter a dispositional decree
approving or ordering placement of a child in another home under
section 1(a)(3) of this chapter or awarding wardship to the department
that will place the child in another home under section 1(a)(4) of this
chapter if a person who is currently residing in the home in which the
child would be placed under section 1(a)(3) or 1(a)(4) of this chapter
has committed an act resulting in a substantiated report of child abuse
or neglect, has a juvenile adjudication for an act that would be a
nonwaivable offense, as defined in IC 31-9-2-84.8 IC 31-9-2.1-168 if
committed by an adult, or has a conviction for a nonwaivable offense,
as defined in IC 31-9-2-84.8. IC 31-9-2.1-168.
    (b) The department or caseworker who prepared the predispositional
report shall conduct a criminal history check (as defined in
IC 31-9-2-22.5) IC 31-9-2.1-58) to determine if a person described in
subsection (a) has committed an act resulting in a substantiated report
of child abuse or neglect, has a juvenile adjudication for an act that
would be a nonwaivable offense, as defined in IC 31-9-2-84.8
IC 31-9-2.1-168 if committed by an adult, or has a conviction for a
nonwaivable offense, as defined in IC 31-9-2-84.8. IC 31-9-2.1-168.
However, the department or caseworker is not required to conduct a
criminal history check under this section if criminal history information
under IC 31-34-4-2 or IC 31-34-18-6.1 establishes whether a person
described in subsection (a) has committed an act resulting in a
substantiated report of child abuse or neglect, has a juvenile
adjudication for an act that would be a nonwaivable offense, as defined
in IC 31-9-2-84.8 IC 31-9-2.1-168 if committed by an adult, or has a
conviction for a nonwaivable offense, as defined in IC 31-9-2-84.8.
IC 31-9-2.1-168.
    (c) The department or caseworker is not required to conduct a
criminal history check under this section if:
      (1) the department or caseworker is considering only an
      out-of-home placement to an entity or a facility that:
         (A) is not a residence (as defined in IC 3-5-2.1-90); or
         (B) is licensed by the state; or
      (2) placement under this section is undetermined at the time the
      predispositional report is prepared.
    (d) A juvenile court may enter a dispositional decree that approves
placement of a child in another home or award wardship to the
department that will place the child in a home with a person described
in subsection (a) if:
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      (1) the person described in subsection (a) 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 IC 31-9-2.1-168 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 placing a child
      in another home or awarding wardship to the department is in the
      best interest of the child.
However, a court may not enter a dispositional decree that approves
placement of a child in another home or awards wardship to the
department if the person has been convicted of a nonwaivable offense,
as defined in IC 31-9-2-84.8 IC 31-9-2.1-168 that is not specifically
excluded under subdivision (1)(B).
   (e) In considering the placement under subsection (d), the court
shall consider the following:
      (1) The length of time since the person committed the offense,
      delinquent act, or act that resulted in the substantiated report of
      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.
   SECTION 208. IC 31-34-21-5.5, AS AMENDED BY P.L.179-2025,
SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 5.5. (a) In determining the extent to which
reasonable efforts to reunify or preserve a family are appropriate under
this chapter, the child's health, welfare, and safety are of paramount
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concern.
    (b) Except as provided in section 5.6 of this chapter, the department
shall make reasonable efforts to preserve and reunify families as
follows:
      (1) If a child has not been removed from the child's home, to
      prevent or eliminate the need for removing the child from the
      child's home.
      (2) If a child has been removed from the child's home, to make it
      possible for the child to return safely to the child's home as soon
      as possible.
    (c) The department may, before reunification of the child with a
parent, guardian, or custodian, conduct a criminal history check (as
defined in IC 31-9-2-22.5) IC 31-9-2.1-58) of:
      (1) the child's:
         (A) parent;
         (B) guardian; or
         (C) custodian; and
      (2) any household member of the:
         (A) parent;
         (B) guardian; or
         (C) custodian.
    (d) The department shall:
      (1) use the results of a criminal history check conducted under
      subsection (c) to decide whether it is safe for the child to return
      home; and
      (2) provide the results of the criminal history check to the court.
    SECTION 209. IC 31-34-21-7.5, AS AMENDED BY P.L.156-2020,
SECTION 119, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 7.5. (a) Except as provided in
subsection (d), the juvenile court may not approve a permanency plan
under subsection (c)(1)(C), (c)(1)(D), or (c)(1)(E) if a person who is
currently residing with a person described in subsection (c)(1)(C) or
(c)(1)(D) or in a residence in which the child would be placed under
subsection (c)(1)(E) has committed an act resulting in a substantiated
report of child abuse or neglect, has a juvenile adjudication for an act
that would be a nonwaivable offense, as defined in IC 31-9-2-84.8
IC 31-9-2.1-168 if committed by an adult, or has a conviction for a
nonwaivable offense, as defined in IC 31-9-2-84.8. IC 31-9-2.1-168.
    (b) Before requesting juvenile court approval of a permanency plan,
the department shall conduct a criminal history check (as defined in
IC 31-9-2-22.5) IC 31-9-2.1-58) to determine if a person described in
subsection (a) has committed an act resulting in a substantiated report
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of child abuse or neglect, has a juvenile adjudication for an act that
would be a nonwaivable offense, as defined in IC 31-9-2-84.8
IC 31-9-2.1-168 if committed by an adult, or has a conviction for a
nonwaivable offense, as defined in IC 31-9-2-84.8. IC 31-9-2.1-168.
However, the department is not required to conduct a criminal history
check under this section if criminal history information under
IC 31-34-4-2, IC 31-34-18-6.1, or IC 31-34-20-1.5 establishes whether
a person described in subsection (a) has committed an act resulting in
a substantiated report of child abuse or neglect, has a juvenile
adjudication for an act that would be a nonwaivable offense, as defined
in IC 31-9-2-84.8 IC 31-9-2.1-168 if committed by an adult, or has a
conviction for a nonwaivable offense, as defined in IC 31-9-2-84.8.
IC 31-9-2.1-168.
    (c) A permanency plan, or plans, if concurrent planning, under this
chapter includes the following:
      (1) The intended permanent or long term arrangements for care
      and custody of the child that may include any one (1), or two (2),
      if concurrent planning, of the following arrangements that the
      department or the court considers most appropriate and consistent
      with the best interests of the child:
          (A) Return to or continuation of existing custodial care within
          the home of the child's parent, guardian, or custodian or
          placement of the child with the child's noncustodial parent.
          (B) Placement of the child for adoption.
          (C) Placement of the child with a responsible person,
          including:
            (i) an adult sibling;
            (ii) a grandparent;
            (iii) an aunt;
            (iv) an uncle;
            (v) a custodial parent of a sibling of the child; or
            (vi) another relative;
          who is able and willing to act as the child's permanent
          custodian and carry out the responsibilities required by the
          permanency plan.
          (D) Appointment of a legal guardian. The legal guardian
          appointed under this section is a caretaker in a judicially
          created relationship between the child and caretaker that is
          intended to be permanent and self-sustaining as evidenced by
          the transfer to the caretaker of the following parental rights
          with respect to the child:
            (i) Care, custody, and control of the child.
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            (ii) Decision making concerning the child's upbringing.
         (E) A supervised independent living arrangement or foster
         care for the child with a permanency plan of another planned,
         permanent living arrangement. However, a child less than
         sixteen (16) years of age may not have another planned,
         permanent living arrangement as the child's permanency plan.
     (2) A time schedule for implementing the applicable provisions
     of the permanency plan.
     (3) Provisions for temporary or interim arrangements for care and
     custody of the child, pending completion of implementation of the
     permanency plan.
     (4) Other items required to be included in a case plan under
     IC 31-34-15 or federal law, consistent with the permanent or long
     term arrangements described by the permanency plan.
   (d) A juvenile court may approve a permanency plan if:
     (1) a person described in subsection (a) 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 IC 31-9-2.1-168 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 that approval
     of the permanency plan is in the best interest of the child.
However, a court may not approve a permanency plan if the person has
been convicted of a nonwaivable offense, as defined in IC 31-9-2-84.8
IC 31-9-2.1-168 that is not specifically excluded under subdivision
(1)(B), or has a juvenile adjudication for an act that would be a
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nonwaivable offense, as defined in IC 31-9-2-84.8 IC 31-9-2.1-168 if
committed by an adult that is not specifically excluded under
subdivision (1)(B).
    (e) In making its written finding under subsection (d), the court shall
consider the following:
      (1) The length of time since the person committed the offense,
      delinquent act, or act that resulted in the substantiated report of
      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.
    SECTION 210. IC 31-34-25-1, AS AMENDED BY P.L.65-2016,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. Any of the following may sign and file a
petition for the juvenile court to require a person to refrain from direct
or indirect contact with a child or a member of a foster family home (as
defined in IC 31-9-2-46.9): IC 31-9-2.1-108):
      (1) The attorney for the department.
      (2) The guardian ad litem or court appointed special advocate.
    SECTION 211. IC 31-35-2-4.5, AS AMENDED BY P.L.69-2024,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 4.5. (a) This section applies if:
      (1) a court has made a finding under IC 31-34-21-5.6 that
      reasonable efforts for family preservation or reunification with
      respect to a child in need of services are not required; or
      (2) a child in need of services or a delinquent child:
          (A) has been placed in:
            (i) a foster family home, child caring institution, or group
            home licensed under IC 31-27; or
            (ii) the home of a relative (as defined in IC 31-9-2-107(c));
            IC 31-9-2.1-207(c));
          as directed by a court in a child in need of services proceeding
          under IC 31-34 or a delinquency action under IC 31-37; and
          (B) has been removed from a parent and has been under the
          supervision of the department or county probation department
          for not less than fifteen (15) months of the most recent
          twenty-two (22) months, beginning with the date the child is
          removed from the home as a result of the child being alleged
          to be a child in need of services or a delinquent child.
    (b) A person described in section 4(a) of this chapter shall:
      (1) file a petition to terminate the parent-child relationship under
      section 4 of this chapter; and
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      (2) request that the petition be set for hearing.
    (c) If a petition under subsection (b) is filed by the child's court
appointed special advocate or guardian ad litem, the department shall
be joined as a party to the petition.
    (d) A person described in section 4(a) of this chapter may file a
motion to dismiss the petition to terminate the parent-child relationship
if any of the following circumstances apply:
      (1) That the current case plan prepared by or under the
      supervision of the department or the probation department under
      IC 31-34-15, IC 31-37-19-1.5, or IC 31-37-22-4.5 has
      documented a compelling reason, based on facts and
      circumstances stated in the petition or motion, for concluding that
      filing, or proceeding to a final determination of, a petition to
      terminate the parent-child relationship is not in the best interests
      of the child. A compelling reason may include the fact that the
      child is being cared for by a custodian who is a relative (as
      defined in IC 31-9-2-107(c)). IC 31-9-2.1-207(c)).
      (2) That:
          (A) IC 31-34-21-5.6 is not applicable to the child;
          (B) the department or the probation department has not
          provided family services to the child, parent, or family of the
          child in accordance with a currently effective case plan
          prepared under IC 31-34-15 or IC 31-37-19-1.5 or a
          permanency plan or dispositional decree approved under
          IC 31-34 or IC 31-37, for the purpose of permitting and
          facilitating safe return of the child to the child's home; and
          (C) the period for completion of the program of family
          services, as specified in the current case plan, permanency
          plan, or decree, has not expired.
      (3) That:
          (A) IC 31-34-21-5.6 is not applicable to the child;
          (B) the department has not provided family services to the
          child, parent, or family of the child, in accordance with
          applicable provisions of a currently effective case plan
          prepared under IC 31-34-15 or IC 31-37-19-1.5, or a
          permanency plan or dispositional decree approved under
          IC 31-34 or IC 31-37; and
          (C) the services that the department has not provided are
          substantial and material in relation to implementation of a plan
          to permit safe return of the child to the child's home.
      (4) Subject to subsection (f), that:
          (A) the parent is incarcerated or the parent's prior incarceration
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          is a significant factor in the child having been under the
          supervision of the department or a county probation
          department for at least fifteen (15) of the most recent
          twenty-two (22) months;
          (B) the parent maintains a meaningful role in the child's life;
          and
          (C) the department has not documented a reason to conclude
          that it would otherwise be in the child's best interests to
          terminate the parent-child relationship.
The motion to dismiss shall specify which of the allegations described
in subdivisions (1) through (4) apply to the motion. If the court finds
that any of the allegations described in subdivisions (1) through (4) are
true, as established by a preponderance of the evidence, the court shall
dismiss the petition to terminate the parent-child relationship. In
determining whether to dismiss a petition to terminate a parent-child
relationship pursuant to a motion to dismiss that specifies allegations
described in subdivision (4), the court may consider the length of time
remaining in the incarcerated parent's sentence and any other factor the
court considers relevant.
   (e) If:
      (1) a child in need of services or a delinquent child has been
      removed from a parent and has been under the supervision of the
      department or county probation department for not less than
      fifteen (15) months of the most recent twenty-two (22) months,
      beginning with the date the child is removed from the home as a
      result of the child being alleged to be a child in need of services
      or a delinquent child; and
      (2) a petition to terminate the parent-child relationship has not
      been filed by the department or another person described in
      section 4(a) of this chapter;
a foster parent, relative of the child, or de facto custodian with whom
the child has been placed for at least six (6) months may file a notice
with the court that the petition to terminate the parent-child relationship
has not been filed as required under subsection (b). Upon the filing of
the notice, if the petition to terminate the parent-child relationship has
not been filed, the court shall schedule a hearing within thirty (30)
days.
   (f) Subsection (d)(4) does not apply if the person was incarcerated
for any of the following:
      (1) A crime described in IC 31-35-3-4.
      (2) A crime of child abuse (as defined in IC 5-2-22-1).
      (3) Neglect of a dependent (IC 35-46-1-4) if:
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         (A) the incarceration was for neglect of a dependent as a Level
         5 or above felony; and
         (B) the dependent would be the subject of the petition to
         terminate the parent-child relationship.
    (g) The department may not:
      (1) take adverse action against a foster parent's license under
      IC 31-27-4; or
      (2) remove a child from the home of a foster parent, relative of the
      child, or de facto custodian;
on the basis of the foster parent, relative, or de facto custodian filing a
notice with the court under subsection (e).
    SECTION 212. IC 31-37-8-4.5, AS ADDED BY P.L.120-2007,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 4.5. (a) This section applies only to a court
ordered or voluntary mental health:
      (1) screening;
      (2) assessment;
      (3) evaluation; or
      (4) treatment;
provided by or under the direction of an evaluator, as defined in
IC 31-9-2-43.8, IC 31-9-2.1-90, in conjunction with proceedings under
this chapter.
    (b) Notwithstanding section 4(5) of this chapter and except as
provided in subsection (d) and except for purposes of:
      (1) a probation revocation proceeding; or
      (2) a modification of a dispositional decree under IC 31-37-22;
a statement communicated to an evaluator in the evaluator's official
capacity may not be admitted as evidence against the child on the issue
of whether the child committed a delinquent act or a crime.
    (c) This section does not affect the admissibility of evidence when
a juvenile interposes the defense of insanity.
    (d) This section does not affect a disclosure or reporting
requirement in effect on July 1, 2007, under statute or in case law
regarding a statement that:
      (1) relates directly to the facts or immediate circumstances of a
      homicide; or
      (2) reveals that the child may intend to commit a crime.
    SECTION 213. IC 31-37-17-6.1, AS AMENDED BY P.L.186-2025,
SECTION 162, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 6.1. (a) The predispositional report
prepared by a probation officer must include the following information:
      (1) A validated risk and needs assessment as described in section
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      1 of this chapter.
      (2) A description of all dispositional options considered in
      preparing the report.
      (3) An evaluation of each of the options considered in relation to
      the plan of care, treatment, rehabilitation, or placement
      recommended under the guidelines described in section 4 of this
      chapter.
      (4) The name, occupation and position, and any relationship to the
      child of each person with whom the preparer of the report
      conferred as provided in section 1.1 of this chapter.
      (5) The items required under section 1 of this chapter.
      (6) The results of a dual status screening tool to determine
      whether the child is a dual status child as described in
      IC 31-41-1-2.
    (b) If a probation officer is considering an out-of-home placement,
including placement with a relative, the probation officer must conduct
a criminal history check (as defined in IC 31-9-2-22.5) IC 31-9-2.1-58)
for each person who is currently residing in the location designated as
the out-of-home placement. The results of the criminal history check
must be included in the predispositional report.
    (c) A probation officer is not required to conduct a criminal history
check under this section if:
      (1) the probation officer is considering only an out-of-home
      placement to an entity or a facility that:
          (A) is not a residence (as defined in IC 3-5-2.1-90); or
          (B) is licensed by the state; or
      (2) placement under this section is undetermined at the time the
      predispositional report is prepared.
    SECTION 214. IC 31-37-18-5, AS AMENDED BY P.L.146-2008,
SECTION 645, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 5. If the court authorizes a child
who is under the custody or supervision of the department to be placed
in a state institution (as defined in IC 12-7-2-184) IC 12-7-2.1-318) for
voluntary treatment in accordance with IC 12-26-3, the court may not
release the department from obligations of the department to the child
until the earlier of:
      (1) the date the child is discharged; or
      (2) the date that a parent, guardian, or other responsible person
      approved by the court assumes the obligations.
    SECTION 215. IC 31-37-19-6.5, AS AMENDED BY P.L.186-2025,
SECTION 163, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 6.5. (a) Except as provided in
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subsection (d), the juvenile court may not enter a dispositional decree
approving placement of a child in another home under section 1(a)(3)
or 6(b)(2)(D) of this chapter or awarding wardship to a person or
facility that results in a placement with a person under section 1(a)(4)
or 6(b)(2)(E) of this chapter if a person who is currently residing in the
home in which the child would be placed under section 1(a)(3), 1(a)(4),
6(b)(2)(D), or 6(b)(2)(E) of this chapter has committed an act resulting
in a substantiated report of child abuse or neglect, has a juvenile
adjudication for an act that would be a nonwaivable offense, as defined
in IC 31-9-2-84.8 IC 31-9-2.1-168 if committed by an adult, or has a
conviction for a nonwaivable offense, as defined in IC 31-9-2-84.8.
IC 31-9-2.1-168.
    (b) The juvenile probation officer who prepared the predispositional
report shall conduct a criminal history check (as defined in
IC 31-9-2-22.5) IC 31-9-2.1-58) to determine if a person described in
subsection (a) has committed an act resulting in a substantiated report
of child abuse or neglect, has a juvenile adjudication for an act that
would be a nonwaivable offense, as defined in IC 31-9-2-84.8
IC 31-9-2.1-168 if committed by an adult, or has a conviction for a
nonwaivable offense, as defined in IC 31-9-2-84.8. IC 31-9-2.1-168.
However, the probation officer is not required to conduct a criminal
history check under this section if criminal history information
obtained under IC 31-37-17-6.1 establishes whether a person described
in subsection (a) has committed an act resulting in a substantiated
report of child abuse or neglect, has a juvenile adjudication for an act
that would be a nonwaivable offense, as defined in IC 31-9-2-84.8
IC 31-9-2.1-168 if committed by an adult, or has a conviction for a
nonwaivable offense, as defined in IC 31-9-2-84.8. IC 31-9-2.1-168.
    (c) The juvenile probation officer is not required to conduct a
criminal history check under this section if:
      (1) the probation officer is considering only an out-of-home
      placement to an entity or a facility that:
          (A) is not a residence (as defined in IC 3-5-2.1-90); or
          (B) is licensed by the state; or
      (2) placement under this section is undetermined at the time the
      predispositional report is prepared.
    (d) The juvenile court may enter a dispositional decree approving
placement of a child in another home under section 1(a)(3) or
6(b)(2)(D) of this chapter or awarding wardship to a person or facility
that results in a placement with a person under section 1(a)(4) or
6(b)(2)(E) of this chapter if:
      (1) a person described in subsection (a) has:
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          (A) committed an act resulting in a substantiated report of
          child abuse or neglect;
          (B) been convicted of:
             (i) a felony under IC 9-30-5;
             (ii) battery (IC 35-42-2-1);
             (iii) criminal recklessness (IC 35-42-2-2) as a felony;
             (iv) criminal confinement (IC 35-42-3-3) as a felony;
             (v) arson (IC 35-43-1-1) as a felony;
             (vi) nonsupport of a dependent child (IC 35-46-1-5);
             (vii) operating a motorboat while intoxicated (IC 35-46-9-6)
             as a felony;
             (viii) a felony involving a weapon under IC 35-47; or
             (ix) a felony relating to controlled substances under
             IC 35-48-4;
          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 IC 31-9-2.1-168 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 placing the
      child in another home is in the best interest of the child.
However, a court may not enter a dispositional decree placing a child
in another home under section 1(a)(3) or 6(b)(2)(D) of this chapter or
awarding wardship to a person or facility under this subsection if a
person with whom the child is or will be placed has been convicted of
a nonwaivable offense, as defined in IC 31-9-2-84.8 IC 31-9-2.1-168
that is not specifically excluded under subdivision (1)(B).
    (e) In considering the placement under subsection (d), the court
shall consider the following:
      (1) The length of time since the person committed the offense,
      delinquent act, or act that resulted in the substantiated report of
      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.
    SECTION 216. IC 31-37-26-2, AS ADDED BY P.L.157-2021,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2. The following definitions apply throughout this
chapter:
      (1) "Competent" and "competency" mean the present ability of a
      child to:
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         (A) understand the nature and objectives of a proceeding
         against the child; and
         (B) assist in the child's defense.
      (2) "State institution" has the meaning set forth in IC 12-7-2-184.
      IC 12-7-2.1-318.
   SECTION 217. IC 31-39-2-13.5, AS AMENDED BY P.L.145-2006,
SECTION 360, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 13.5. The records of the juvenile
court are available without a court order to an employee of the
department of child services, a caseworker, or a juvenile probation
officer conducting a criminal history check (as defined in
IC 31-9-2-22.5) IC 31-9-2.1-58) under IC 31-26-5-3, IC 31-34, or
IC 31-37 to determine the appropriateness of an out-of-home placement
for a:
      (1) child at imminent risk of placement;
      (2) child in need of services; or
      (3) delinquent child.
   SECTION 218. IC 31-42-1-6, AS ADDED BY P.L.101-2025,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 6. This chapter does not do any of the following:
      (1) Authorize a parent to:
         (A) commit child abuse or neglect as defined in
         IC 31-9-2-14(c); IC 31-9-2.1-33(c); or
         (B) sue a judicial officer unless the judicial officer acts in clear
         absence of jurisdiction.
      (2) Prohibit a court from issuing an order that is otherwise
      permitted by law.
      (3) Prevent a person from asserting a defense or claim of
      immunity available by statute or at common law, including
      judicial immunity.
      (4) Apply to an act or omission by a parent to end the life of a
      child.
      (5) Waive attorney-client privilege as governed by the Rules of
      Professional Conduct of the Indiana supreme court.
      (6) Waive immunities described in IC 31-32-3-10 and
      IC 31-32-3-10.5.
   SECTION 219. IC 32-17.5-8-2.5, AS ADDED BY P.L.80-2010,
SECTION 52, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 2.5. (a) This section applies to a disclaimer of an
interest in property by a disclaimant who is delinquent (as defined in
IC 31-9-2-36(b)) IC 31-9-2.1-73(b)) before the disclaimer becomes
effective.
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    (b) A disclaimer of an interest in property is barred up to the amount
of the disclaimant's child support arrearage.
    SECTION 220. IC 33-23-1-8.5, AS ADDED BY P.L.203-2017,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 8.5. "Medication assisted treatment" has the
meaning set forth in IC 12-7-2-128.7. IC 12-7-2.1-223.
    SECTION 221. IC 33-39-6-2, AS AMENDED BY P.L.201-2023,
SECTION 263, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 2. (a) A prosecuting attorney may
appoint one (1) chief deputy prosecuting attorney. The maximum
annual salary paid by the state of a chief deputy prosecuting attorney
appointed under this subsection is as follows:
      (1) If the prosecuting attorney is a full-time prosecuting attorney
      appointing a full-time chief deputy prosecuting attorney, the
      annual salary of the chief deputy prosecuting attorney is equal to
      seventy-five percent (75%) of the salary paid by the state to a
      full-time prosecuting attorney.
      (2) If the prosecuting attorney is a full-time prosecuting attorney
      appointing a part-time chief deputy prosecuting attorney, the
      annual salary of the chief deputy prosecuting attorney is equal to
      seventy-five percent (75%) of the salary paid by the state to a
      part-time prosecuting attorney serving the judicial district served
      by the chief deputy prosecuting attorney.
      (3) If the prosecuting attorney is a part-time prosecuting attorney
      appointing a full-time chief deputy prosecuting attorney, the
      annual salary of the chief deputy prosecuting attorney is equal to
      seventy-five percent (75%) of the salary paid by the state to a
      full-time prosecuting attorney.
      (4) If the prosecuting attorney is a part-time prosecuting attorney
      appointing a part-time chief deputy prosecuting attorney, the
      annual salary of the chief deputy prosecuting attorney is equal to
      seventy-five percent (75%) of the salary paid by the state to a
      part-time prosecuting attorney.
    (b) The prosecuting attorney in a county in which is located at least
one (1) institution operated by the department of correction that houses
at least one thousand five hundred (1,500) offenders may appoint two
(2) additional deputy prosecuting attorneys. In a county having two (2)
institutions, each of which houses at least one thousand five hundred
(1,500) offenders, the prosecuting attorney may appoint a third deputy
prosecuting attorney.
    (c) The prosecuting attorney in a county in which is located an
institution operated by the department of correction that houses at least
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one hundred (100) but less than one thousand five hundred (1,500)
adult offenders may appoint one (1) additional deputy prosecuting
attorney.
    (d) The prosecuting attorney in a county in which is located a state
institution (as defined in IC 12-7-2-184) IC 12-7-2.1-318) that has a
daily population of at least three hundred fifty (350) patients may
appoint one (1) additional deputy prosecuting attorney.
    (e) The prosecuting attorney of Cass County may appoint one (1)
additional deputy prosecuting attorney.
    (f) The annual salary of a deputy prosecuting attorney appointed
under subsections (b) through (e) may not be less than seventy percent
(70%) of the annual salary of a full-time prosecuting attorney.
    (g) The salaries provided in this section shall be paid by the state
once every two (2) weeks from the state general fund. There is
appropriated annually out of the general fund of the state sufficient
funds to pay any amount necessary. However, the salaries fixed in this
chapter are determined to be maximum salaries to be paid by the state.
This chapter does not limit the power of counties comprising the
respective judicial circuits to pay additional salaries upon proper action
by the appropriate county officials.
    (h) The various county councils shall appropriate annually for other
deputy prosecuting attorneys, investigators, clerical assistance, witness
fees, out-of-state travel, postage, telephone tolls and telegraph, repairs
to equipment, office supplies, other operating expenses, and equipment
an amount necessary for the proper discharge of the duties imposed by
law upon the office of the prosecuting attorney of each judicial circuit.
    SECTION 222. IC 33-39-6-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 5. (a) The annual
minimum salary paid by the state to a full-time prosecuting attorney
described in section 6 of this chapter is equal to the minimum salary of
the circuit court judge of the same judicial circuit as the prosecuting
attorney.
    (b) A prosecuting attorney of a judicial circuit, other than a full-time
prosecuting attorney described in section 6 of this chapter is entitled to
a minimum annual salary in an amount equal to sixty percent (60%) of
the salary provided in subsection (a), except as provided by subsection
(c).
    (c) A prosecuting attorney, other than a full-time prosecuting
attorney described in section 6 of this chapter, of a judicial circuit:
       (1) that has a population of less than eighty-five thousand
       (85,000) and that adjoins any county having a population of more
       than one hundred sixty thousand (160,000); or
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      (2) in which is located:
          (A) the Indiana state prison, the Pendleton Correctional
          Facility, the Plainfield Correctional Facility, the Branchville
          Correctional Facility, the Wabash Valley Correctional Facility,
          or the Putnamville Correctional Facility; or
          (B) a state institution (as defined in IC 12-7-2-184)
          IC 12-7-2.1-318) that has a daily population of at least three
          hundred fifty (350) patients;
is entitled to a minimum annual salary in an amount equal to sixty-six
percent (66%) of the salary provided in subsection (a).
    (d) The state shall pay, from the state general fund, the minimum
annual salary of a prosecuting attorney. The state shall pay the
minimum annual salary in equal installments with payments being
made once every two (2) weeks.
    SECTION 223. IC 34-6-2.1-123, AS ADDED BY P.L.186-2025,
SECTION 176, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 123. "Mental health service
provider", for purposes of IC 34-30-16, means any of the following:
      (1) A physician licensed under IC 25-22.5.
      (2) A hospital licensed under IC 16-21.
      (3) A private institution licensed under IC 12-25.
      (4) A psychologist licensed under IC 25-33.
      (5) A school psychologist licensed by the Indiana state board of
      education.
      (6) A postsecondary educational institution counseling center
      under the direction of a licensed psychologist, physician, or
      mental health professional.
      (7) A registered nurse or licensed practical nurse licensed under
      IC 25-23.
      (8) A clinical social worker licensed under IC 25-23.6-5-2.
      (9) A partnership, a limited liability company, a corporation, or a
      professional corporation (as defined in IC 23-1.5-1-10) whose
      partners, members, or shareholders are mental health service
      providers described in subdivisions (1) through (6).
      (10) A community mental health center (as defined in
      IC 12-7-2-38). IC 12-7-2.1-78).
      (11) A program for the treatment, care, or rehabilitation of alcohol
      abusers or drug abusers that is:
          (A) certified under IC 12-23-1-6; or
          (B) created and funded under IC 12-23-14 or IC 33-23-16.
      (12) A state institution (as defined in IC 12-7-2-184).
      IC 12-7-2.1-318).
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     (13) A provider (as defined in IC 12-7-2-149.1(5)).
     IC 12-7-2.1-267(5)).
   SECTION 224. IC 34-6-2.1-165, AS ADDED BY P.L.186-2025,
SECTION 176, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 165. "Professional health care
provider", for purposes of IC 34-30-15, means:
     (1) a physician licensed under IC 25-22.5;
     (2) a dentist licensed under IC 25-14;
     (3) a hospital licensed under IC 16-21;
     (4) a podiatrist licensed under IC 25-29;
     (5) a chiropractor licensed under IC 25-10;
     (6) an optometrist licensed under IC 25-24;
     (7) a psychologist licensed under IC 25-33;
     (8) a pharmacist licensed under IC 25-26;
     (9) a health facility licensed under IC 16-28-2;
     (10) a registered or licensed practical nurse licensed under
     IC 25-23;
     (11) a physical therapist licensed under IC 25-27;
     (12) a home health agency licensed under IC 16-27-1;
     (13) a community mental health center (as defined in
     IC 12-7-2-38); IC 12-7-2.1-78);
     (14) a health care organization whose members, shareholders,
     subsidiaries, affiliates, or partners are:
        (A) professional health care providers described in
        subdivisions (1) through (13);
        (B) professional corporations comprised of health care
        professionals (as defined in IC 23-1.5-1-8); or
        (C) professional health care providers described in
        subdivisions (1) through (13) and professional corporations
        comprised of persons described in subdivisions (1) through
        (13);
     (15) a private psychiatric hospital licensed under IC 12-25;
     (16) a preferred provider organization (including a preferred
     provider arrangement or reimbursement agreement under
     IC 27-8-11);
     (17) a health maintenance organization (as defined in
     IC 27-13-1-19) or a limited service health maintenance
     organization (as defined in IC 27-13-34-4);
     (18) a respiratory care practitioner licensed under IC 25-34.5;
     (19) an occupational therapist licensed under IC 25-23.5;
     (20) a state institution (as defined in IC 12-7-2-184);
     IC 12-7-2.1-318);
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     (21) a clinical social worker who is licensed under
     IC 25-23.6-5-2;
     (22) a provider (as defined in IC 12-7-2-149.1(5));
     IC 12-7-2.1-267(5));
     (23) a nonprofit health care organization affiliated with a hospital
     that is owned or operated by a religious order, whose members are
     members of that religious order;
     (24) a nonprofit health care organization with one (1) or more
     hospital affiliates;
     (25) a health care organization that owns or controls, in whole or
     in part, one (1) or more entities described in subdivisions (1)
     through (24);
     (26) a provider organization (as defined in IC 16-18-2-296);
     (27) a paramedic licensed under IC 16-31;
     (28) an emergency medical technician certified under IC 16-31;
     (29) an emergency medical responder certified under IC 16-31; or
     (30) an advanced emergency medical technician certified under
     IC 16-31.
   SECTION 225. IC 34-6-2.1-166, AS ADDED BY P.L.186-2025,
SECTION 176, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 166. "Professional staff", for
purposes of IC 34-30-15, means:
     (1) all individual professional health care providers authorized to
     provide health care in a hospital or other health care facility; or
     (2) the multidisciplinary staff of a community mental health
     center (as defined in IC 12-7-2-38). IC 12-7-2.1-78).
   SECTION 226. IC 34-57-5-8, AS ADDED BY P.L.112-2005,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 8. (a) In a dissolution of marriage case, the family
law arbitrator shall:
     (1) divide the property of the parties, regardless of whether the
     property was:
        (A) owned by either party before the marriage;
        (B) acquired by either party in his or her own right:
           (i) after the marriage; and
           (ii) before final separation of the parties; or
        (C) acquired by their joint efforts; and
     (2) divide the property in a just and reasonable manner by:
        (A) division of the property in kind;
        (B) setting the property or parts of the property over to one (1)
        of the parties and requiring either party to pay an amount,
        either in gross or in installments, that is just and proper;
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         (C) ordering the sale of the property under the conditions the
         family law arbitrator prescribes and dividing the proceeds of
         the sale; or
         (D) ordering the distribution of benefits described in
         IC 31-9-2-98(b)(2) IC 31-9-2.1-190(b)(2) or
         IC 31-9-2-98(b)(3) IC 31-9-2.1-190(b)(3) that are payable
         after the dissolution of marriage, by setting aside to either of
         the parties a percentage of those payments either by
         assignment or in kind at the time of receipt.
    (b) The division of marital property under this section must comply
with IC 31-15-7-5.
    SECTION 227. IC 35-31.5-2-139.3, AS ADDED BY P.L.65-2016,
SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 139.3. "Foster family home", for purposes of
IC 35-42-2-1, has the meaning set forth in IC 31-9-2-46.9.
IC 31-9-2.1-108.
    SECTION 228. IC 35-31.5-2-196.5, AS ADDED BY P.L.203-2017,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 196.5. "Medication assisted treatment" has the
meaning set forth in IC 12-7-2-128.7. IC 12-7-2.1-223.
    SECTION 229. IC 35-36-2-4, AS AMENDED BY P.L.161-2018,
SECTION 118, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 4. (a) Whenever a defendant is
found not responsible by reason of insanity at the time of the crime, the
prosecuting attorney shall file a written petition with the court under
IC 12-26-6-2(a)(3) or under IC 12-26-7. If a petition is filed under
IC 12-26-6-2(a)(3), the court shall hold a commitment hearing under
IC 12-26-6. If a petition is filed under IC 12-26-7, the court shall hold
a commitment hearing under IC 12-26-7.
    (b) The hearing shall be conducted at the earliest opportunity after
the finding of not responsible by reason of insanity at the time of the
crime, and the defendant shall be detained in custody until the
completion of the hearing. The court may take judicial notice of
evidence introduced during the trial of the defendant and may call the
physicians appointed by the court to testify concerning whether the
defendant is currently mentally ill and dangerous or currently mentally
ill and gravely disabled, as those terms are defined by IC 12-7-2-96 in
IC 12-7-2.1-170 and IC 12-7-2-130(1). IC 12-7-2.1-226(1). The court
may subpoena any other persons with knowledge concerning the issues
presented at the hearing.
    (c) The defendant has all the rights provided by the provisions of
IC 12-26 under which the petition against the defendant was filed. The
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prosecuting attorney may cross-examine the witnesses and present
relevant evidence concerning the issues presented at the hearing.
    (d) If a court orders an individual to be committed under IC 12-26-6
or IC 12-26-7 following a verdict of not responsible by reason of
insanity at the time of the crime, the warden of the facility to which the
individual is committed and the attending physician are subject to the
requirements of IC 12-26-15-1.
    (e) If a defendant is found not responsible by reason of insanity, the
court shall transmit any information required by the office of judicial
administration to the office of judicial administration for transmission
to the NICS (as defined in IC 35-47-2.5-2.5) in accordance with
IC 33-24-6-3.
    SECTION 230. IC 35-36-2-5, AS AMENDED BY P.L.161-2018,
SECTION 119, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 5. (a) Except as provided by
subsection (e), whenever a defendant is found guilty but mentally ill at
the time of the crime or enters a plea to that effect that is accepted by
the court, the court shall sentence the defendant in the same manner as
a defendant found guilty of the offense.
    (b) Before sentencing the defendant under subsection (a), the court
shall require the defendant to be evaluated by a physician licensed
under IC 25-22.5 who practices psychiatric medicine, a licensed
psychologist, or a community mental health center (as defined in
IC 12-7-2-38). IC 12-7-2.1-78). However, the court may waive this
requirement if the defendant was evaluated by a physician licensed
under IC 25-22.5 who practices psychiatric medicine, a licensed
psychologist, or a community mental health center and the evaluation
is contained in the record of the defendant's trial or plea agreement
hearing.
    (c) If a defendant who is found guilty but mentally ill at the time of
the crime is committed to the department of correction, the defendant
shall be further evaluated and then treated in such a manner as is
psychiatrically indicated for the defendant's mental illness. Treatment
may be provided by:
      (1) the department of correction; or
      (2) the division of mental health and addiction after transfer under
      IC 11-10-4.
    (d) If a defendant who is found guilty but mentally ill at the time of
the crime is placed on probation, the court may, in accordance with
IC 35-38-2-2.3, require that the defendant undergo treatment.
    (e) As used in this subsection, "individual with an intellectual
disability" means an individual who, before becoming twenty-two (22)
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years of age, manifests:
      (1) significantly subaverage intellectual functioning; and
      (2) substantial impairment of adaptive behavior;
that is documented in a court ordered evaluative report. If a court
determines under IC 35-36-9 that a defendant who is charged with a
murder for which the state seeks a death sentence is an individual with
an intellectual disability, the court shall sentence the defendant under
IC 35-50-2-3(a).
   (f) If a defendant is found guilty but mentally ill, the court shall
transmit any information required by the office of judicial
administration to the office of judicial administration for transmission
to the NICS (as defined in IC 35-47-2.5-2.5) in accordance with
IC 33-24-6-3.
   SECTION 231. IC 35-36-3-1, AS AMENDED BY P.L.85-2024,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. (a) If at any time before the final submission of
any criminal case to the court or the jury trying the case, the court has
reasonable grounds for believing that the defendant lacks the ability to
understand the proceedings and assist in the preparation of a defense,
the court shall immediately fix a time for a hearing to determine
whether the defendant has that ability.
   (b) This subsection applies to a defendant charged with murder or
a Level 1, Level 2, Level 3, Level 4, or Level 5 felony. When a court
sets a hearing under subsection (a), the court shall appoint two (2) or
three (3) individuals to determine the defendant's competency. Each of
the appointed individuals must be a psychiatrist, or a psychologist
endorsed by the Indiana state board of examiners in psychology as a
health service provider in psychology. An individual appointed under
this subsection must be competent and disinterested.
   (c) This subsection applies to a defendant charged with a
misdemeanor or a Level 6 felony. When a court sets a hearing under
subsection (a), the court shall appoint one (1) individual who:
      (1) is a:
         (A) psychiatrist; or
         (B) psychologist endorsed by the Indiana state board of
         examiners in psychology as a health service provider in
         psychology;
      (2) is competent and disinterested; and
      (3) has expertise in determining competency.
   (d) In addition to the psychiatrist or psychologist appointed under
subsection (c), the court may appoint not more than two (2) additional
individuals to assist the court in determining competency. Upon request
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of either party, the court shall appoint at least one (1), but not more
than two (2), additional individuals to assist the court in determining
competency. An individual appointed under this subsection may be an
individual:
       (1) described in subsection (c); or
       (2) who is competent and disinterested, has expertise in
       determining competency, and is:
          (A) licensed:
             (i) under IC 25-23 as an advanced practice registered nurse
             (APRN) with a certification as a psychiatric mental health
             nurse practitioner;
             (ii) under IC 25-27.5 as a physician assistant who specializes
             in psychiatry or mental health; or
             (iii) under IC 25-22.5 as a physician who specializes in
             psychiatry or mental health; and
          (B) certified by the division of mental health and addiction as
          a competency evaluator.
    (e) An individual appointed under this section may not be an
employee or a contractor of a state institution (as defined in
IC 12-7-2-184). IC 12-7-2.1-318). The individuals who are appointed
shall examine the defendant and testify at the hearing as to whether the
defendant can understand the proceedings and assist in the preparation
of the defendant's defense.
    (f) At the hearing, other evidence relevant to whether the defendant
has the ability to understand the proceedings and assist in the
preparation of the defendant's defense may be introduced. If the court
finds that the defendant has the ability to understand the proceedings
and assist in the preparation of the defendant's defense, the trial shall
proceed. If the court finds that the defendant lacks this ability, it shall
delay or continue the trial and order the defendant committed to the
division of mental health and addiction. The division of mental health
and addiction shall provide competency restoration services or enter
into a contract for the provision of competency restoration services by
a third party in the:
       (1) location where the defendant currently resides; or
       (2) least restrictive setting appropriate to the needs of the
       defendant and the safety of the defendant and others.
However, if the defendant is serving an unrelated executed sentence in
the department of correction at the time the defendant is committed to
the division of mental health and addiction under this section, the
division of mental health and addiction shall provide competency
restoration services or enter into a contract for the provision of
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competency restoration services by a third party at a department of
correction facility agreed upon by the division of mental health and
addiction or the third party contractor and the department of correction.
A contract entered into with a third party under this subsection may
confer to the third party all authority the division would have in
providing competency restoration services to the defendant at a state
institution (as defined in IC 12-7-2-184). IC 12-7-2.1-318).
    (g) If the court makes a finding under subsection (f), the court shall
transmit any information required by the office of judicial
administration to the office of judicial administration for transmission
to the NICS (as defined in IC 35-47-2.5-2.5) in accordance with
IC 33-24-6-3.
    SECTION 232. IC 35-36-3-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 2. Whenever the
defendant attains the ability to understand the proceedings and assist
in the preparation of the defendant's defense:
      (1) the superintendent of the state institution (as defined in
      IC 12-7-2-184); IC 12-7-2.1-318); or
      (2) if the division of mental health and addiction entered into a
      contract for the provision of competency restoration services, the
      director or medical director of the third party contractor;
shall certify that fact to the proper court, which shall enter an order
directing the sheriff to return the defendant. The court shall enter such
an order immediately after being sufficiently advised of the defendant's
attainment of the ability to understand the proceedings and assist in the
preparation of the defendant's defense. Upon the return to court of any
defendant committed under section 1 of this chapter, the court shall
hold the trial as if no delay or postponement had occurred.
    SECTION 233. IC 35-36-3-3, AS AMENDED BY P.L.85-2024,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3. (a) Within ninety (90) days after:
      (1) a defendant's admission to a state institution (as defined in
      IC 12-7-2-184); IC 12-7-2.1-318); or
      (2) the initiation of competency restoration services to a defendant
      by a third party contractor;
the superintendent of the state institution (as defined in IC 12-7-2-184)
IC 12-7-2.1-318) or the director or medical director of the third party
contractor, if the division of mental health and addiction has entered
into a contract for the provision of competency restoration services by
a third party, shall certify to the proper court whether the defendant has
a substantial probability of attaining the ability to understand the
proceedings and assist in the preparation of the defendant's defense
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within the foreseeable future.
   (b) If a party files a motion to dismiss, the court may dismiss the
charges against the defendant without prejudice if the:
      (1) defendant has been diagnosed with:
          (A) dementia;
          (B) Alzheimer's disease; or
          (C) a traumatic brain injury;
      (2) defendant's diagnosis substantially impacts the defendant's
      ability to understand the proceedings and assist in the preparation
      of the defendant's defense within the foreseeable future; and
      (3) defendant is charged with a misdemeanor or a Level 6 felony.
   (c) If a defendant's charges are not dismissed under subsection (b)
and a substantial probability does not exist, the state institution (as
defined in IC 12-7-2-184) IC 12-7-2.1-318) or the third party
contractor shall initiate regular commitment proceedings under
IC 12-26. If a substantial probability does exist, the state institution (as
defined in IC 12-7-2-184) IC 12-7-2.1-318) or third party contractor
shall retain the defendant:
      (1) until the defendant attains the ability to understand the
      proceedings and assist in the preparation of the defendant's
      defense and is returned to the proper court for trial; or
      (2) for six (6) months from the date of the:
          (A) defendant's admission to a state institution (as defined in
          IC 12-7-2-184); IC 12-7-2.1-318); or
          (B) initiation of competency restoration services by a third
          party contractor;
whichever first occurs.
   SECTION 234. IC 35-36-3-4, AS AMENDED BY P.L.85-2024,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 4. If a defendant who was found under section 3
of this chapter to have had a substantial probability of attaining the
ability to understand the proceedings and assist in the preparation of
the defendant's defense:
      (1) has not attained that ability within six (6) months after the date
      of the:
          (A) defendant's admission to a state institution (as defined in
          IC 12-7-2-184); IC 12-7-2.1-318); or
          (B) initiation of competency restoration services by a third
          party contractor; or
      (2) has not had the criminal charges dismissed under section 3(b)
      of this chapter;
the state institution (as defined in IC 12-7-2-184) IC 12-7-2.1-318) or
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the third party contractor, if the division of mental health and addiction
has entered into a contract for the provision of competency restoration
services by a third party, shall institute regular commitment
proceedings under IC 12-26.
   SECTION 235. IC 35-42-2-1, AS AMENDED BY P.L.148-2024,
SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. (a) As used in this section, "public safety
official" means:
      (1) a law enforcement officer, including an alcoholic beverage
      enforcement officer;
      (2) an employee of a penal facility or a juvenile detention facility
      (as defined in IC 31-9-2-71); IC 31-9-2.1-144);
      (3) an employee of the department of correction;
      (4) a probation officer;
      (5) a parole officer;
      (6) a community corrections worker;
      (7) a home detention officer;
      (8) a department of child services employee;
      (9) a firefighter;
      (10) an emergency medical services provider;
      (11) a judicial officer;
      (12) a bailiff of any court; or
      (13) a special deputy (as described in IC 36-8-10-10.6).
   (b) As used in this section, "relative" means an individual related by
blood, half-blood, adoption, marriage, or remarriage, including:
      (1) a spouse;
      (2) a parent or stepparent;
      (3) a child or stepchild;
      (4) a grandchild or stepgrandchild;
      (5) a grandparent or stepgrandparent;
      (6) a brother, sister, stepbrother, or stepsister;
      (7) a niece or nephew;
      (8) an aunt or uncle;
      (9) a daughter-in-law or son-in-law;
      (10) a mother-in-law or father-in-law; or
      (11) a first cousin.
   (c) Except as provided in subsections (d) through (k), a person who
knowingly or intentionally:
      (1) touches another person in a rude, insolent, or angry manner;
      or
      (2) in a rude, insolent, or angry manner places any bodily fluid or
      waste on another person;
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commits battery, a Class B misdemeanor.
   (d) The offense described in subsection (c)(1) or (c)(2) is a Class A
misdemeanor if it:
      (1) results in bodily injury to any other person; or
      (2) is committed against a member of a foster family home (as
      defined in IC 35-31.5-2-139.3) by a person who is not a resident
      of the foster family home if the person who committed the offense
      is a relative of a person who lived in the foster family home at the
      time of the offense.
   (e) The offense described in subsection (c)(1) or (c)(2) is a Level 6
felony if one (1) or more of the following apply:
      (1) The offense results in moderate bodily injury to any other
      person.
      (2) The offense is committed against a public safety official while
      the official is engaged in the official's official duty, unless the
      offense is committed by a person detained or committed under
      IC 12-26.
      (3) The offense is committed against a person less than fourteen
      (14) years of age and is committed by a person at least eighteen
      (18) years of age.
      (4) The offense is committed against a person of any age who has
      a mental or physical disability and is committed by a person
      having the care of the person with the mental or physical
      disability, whether the care is assumed voluntarily or because of
      a legal obligation.
      (5) The offense is committed against an endangered adult (as
      defined in IC 12-10-3-2).
      (6) The offense:
          (A) is committed against a member of a foster family home (as
          defined in IC 35-31.5-2-139.3) by a person who is not a
          resident of the foster family home if the person who committed
          the offense is a relative of a person who lived in the foster
          family home at the time of the offense; and
          (B) results in bodily injury to the member of the foster family.
   (f) The offense described in subsection (c)(2) is a Level 6 felony if
the person knew or recklessly failed to know that the bodily fluid or
waste placed on another person was infected with hepatitis,
tuberculosis, or human immunodeficiency virus.
   (g) The offense described in subsection (c)(1) or (c)(2) is a Level 5
felony if one (1) or more of the following apply:
      (1) The offense results in serious bodily injury to another person.
      (2) The offense is committed with a deadly weapon.
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      (3) The offense results in bodily injury to a pregnant woman if the
      person knew of the pregnancy.
      (4) The person has a previous conviction for a battery or
      strangulation offense included in this chapter against the same
      victim.
      (5) The offense results in bodily injury to one (1) or more of the
      following:
          (A) A public safety official while the official is engaged in the
          official's official duties, unless the offense is committed by a
          person detained or committed under IC 12-26.
          (B) A person less than fourteen (14) years of age if the offense
          is committed by a person at least eighteen (18) years of age.
          (C) A person who has a mental or physical disability if the
          offense is committed by an individual having care of the
          person with the disability, regardless of whether the care is
          assumed voluntarily or because of a legal obligation.
          (D) An endangered adult (as defined in IC 12-10-3-2).
   (h) The offense described in subsection (c)(2) is a Level 5 felony if:
      (1) the person knew or recklessly failed to know that the bodily
      fluid or waste placed on another person was infected with
      hepatitis, tuberculosis, or human immunodeficiency virus; and
      (2) the person placed the bodily fluid or waste on a public safety
      official, unless the offense is committed by a person detained or
      committed under IC 12-26.
   (i) The offense described in subsection (c)(1) or (c)(2) is a Level 4
felony if it results in serious bodily injury to an endangered adult (as
defined in IC 12-10-3-2).
   (j) The offense described in subsection (c)(1) or (c)(2) is a Level 3
felony if it results in serious bodily injury to a person less than fourteen
(14) years of age if the offense is committed by a person at least
eighteen (18) years of age.
   (k) The offense described in subsection (c)(1) or (c)(2) is a Level 2
felony if it results in the death of one (1) or more of the following:
      (1) A person less than fourteen (14) years of age if the offense is
      committed by a person at least eighteen (18) years of age.
      (2) An endangered adult (as defined in IC 12-10-3-2).
   SECTION 236. IC 35-42-4-7, AS AMENDED BY P.L.238-2025,
SECTION 87, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 7. (a) As used in this section, "adoptive parent"
has the meaning set forth in IC 31-9-2-6. IC 31-9-2.1-13.
   (b) As used in this section, "adoptive grandparent" means the parent
of an adoptive parent.
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   (c) As used in this section, "charter school" has the meaning set
forth in IC 20-18-2-2.5.
   (d) As used in this section, "child care worker" means a person who:
      (1) provides care, supervision, or instruction to a child within the
      scope of the person's employment in a shelter care facility;
      (2) is employed by a:
          (A) school corporation;
          (B) charter school;
          (C) nonpublic school; or
          (D) special education cooperative;
      attended by a child who is the victim of a crime under this
      chapter; or
      (3) is:
          (A) affiliated with a:
            (i) school corporation;
            (ii) charter school;
            (iii) nonpublic school; or
            (iv) special education cooperative;
          attended by a child who is the victim of a crime under this
          chapter, regardless of how or whether the person is
          compensated;
          (B) in a position of trust in relation to a child who attends the
          school or cooperative;
          (C) engaged in the provision of care or supervision to a child
          who attends the school or cooperative; and
          (D) at least four (4) years older than the child who is the
          victim of a crime under this chapter.
The term does not include a student who attends the school or
cooperative.
   (e) As used in this section, "coach" means a person who:
      (1) provides care, supervision, or instruction to a child within the
      scope of the person's employment in a youth sports organization;
      (2) is employed by a youth sports organization attended by a child
      who is the victim of a crime under this chapter; or
      (3) is:
          (A) affiliated with a youth sports organization attended by a
          child who is the victim of a crime under this chapter,
          regardless of how or whether the person is compensated;
          (B) in a position of trust in relation to a child who participates
          in the youth sports organization;
          (C) engaged in the provision of care or supervision to a child
          who participates in the youth sports organization; and
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         (D) at least four (4) years older than the child who is the
         victim of a crime under this chapter.
This term includes a coach who is nonteaching or a volunteer.
   (f) As used in this section, "custodian" means any person who
resides with a child and is responsible for the child's welfare.
   (g) As used in this section, "mental health professional" means:
      (1) a mental health counselor licensed under IC 25-23.6-8.5;
      (2) a psychologist; or
      (3) a psychiatrist.
   (h) As used in this section, "military recruiter" means a member of:
      (1) the United States Air Force;
      (2) the United States Army;
      (3) the United States Coast Guard;
      (4) the United States Marine Corps;
      (5) the United States Navy;
      (6) the United States Space Force;
      (7) any reserve components of the military forces listed in
      subdivisions (1) through (5); or
      (8) the Indiana National Guard;
whose primary job function, classification, or specialty is recruiting
individuals to enlist with an entity listed in subdivisions (1) through
(8).
   (i) As used in this section, "nonpublic school" has the meaning set
forth in IC 20-18-2-12.
   (j) For purposes of this section, a person has a "professional
relationship" with a child if:
      (1) the person:
         (A) has a license issued by the state or a political subdivision
         on the basis of the person's training and experience that
         authorizes the person to carry out a particular occupation; or
         (B) is employed in a position in which counseling, supervising,
         instructing, or recruiting children forms a significant part of
         the employment; and
      (2) the person has a relationship with a child that is based on the
      person's employment or licensed status as described in
      subdivision (1).
The term includes a relationship between a child and a mental health
professional or military recruiter. The term does not include a coworker
relationship between a child and a person described in subdivision
(1)(B).
   (k) As used in this section, "school corporation" has the meaning set
forth in IC 20-18-2-16.
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    (l) As used in this section, "special education cooperative" has the
meaning set forth in IC 20-35-5-1.
    (m) As used in this section, "stepparent" means an individual who
is married to a child's custodial or noncustodial parent and is not the
child's adoptive parent.
    (n) As used in this section, "workplace supervisor" means an
individual who has authority over a child while the child is employed
at the child's place of employment. The term includes a person who is
responsible for determining the child's wages (including whether the
child will receive a raise) or who otherwise has the authority to take an
adverse employment action against the child.
    (o) As used in this section, "youth sports organization" means an
athletic or recreational program that is organized for:
       (1) competition against another team, club, or entity; or
       (2) athletic instruction;
predominantly for children less than eighteen (18) years of age.
    (p) If a person who:
       (1) is at least eighteen (18) years of age; and
       (2) is the:
           (A) guardian, adoptive parent, adoptive grandparent,
           custodian, or stepparent of;
           (B) child care worker for; or
           (C) coach of;
       a child less than eighteen (18) years of age;
engages with the child in sexual intercourse, other sexual conduct (as
defined in IC 35-31.5-2-221.5), or any fondling or touching with the
intent to arouse or satisfy the sexual desires of either the child or the
adult, the person commits child seduction.
    (q) A person who:
       (1) has or had a professional relationship with a child less than
       eighteen (18) years of age whom the person knows to be less than
       eighteen (18) years of age;
       (2) may exert undue influence on the child because of the person's
       current or previous professional relationship with the child; and
       (3) uses or exerts the person's professional relationship to engage
       in sexual intercourse, other sexual conduct (as defined in
       IC 35-31.5-2-221.5), or any fondling or touching with the child
       with the intent to arouse or satisfy the sexual desires of the child
       or the person;
commits child seduction.
    (r) A law enforcement officer who:
       (1) is at least four (4) years older than a child who is less than
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       eighteen (18) years of age;
       (2) has contact with the child while acting within the scope of the
       law enforcement officer's official duties with respect to the child;
       and
       (3) uses or exerts the law enforcement officer's professional
       relationship with the child to engage with the child in:
          (A) sexual intercourse;
          (B) other sexual conduct (as defined in IC 35-31.5-2-221.5);
          or
          (C) any fondling or touching with the child with the intent to
          arouse or satisfy the sexual desires of the child or the law
          enforcement officer;
commits child seduction.
    (s) In determining whether a person used or exerted the person's
professional relationship with the child to engage in sexual intercourse,
other sexual conduct (as defined in IC 35-31.5-2-221.5), or any
fondling or touching with the intent to arouse or satisfy the sexual
desires of the child or the person under this section, the trier of fact
may consider one (1) or more of the following:
       (1) The age difference between the person and the child.
       (2) Whether the person was in a position of trust with respect to
       the child.
       (3) Whether the person's conduct with the child violated any
       ethical obligations of the person's profession or occupation.
       (4) The authority that the person had over the child.
       (5) Whether the person exploited any particular vulnerability of
       the child.
       (6) Any other evidence relevant to the person's ability to exert
       undue influence over the child.
    (t) This subsection does not apply to a workplace supervisor who
had a dating relationship with the child before the child was employed
at the place of employment. A workplace supervisor who:
       (1) is at least four (4) years older than a child who is less than
       eighteen (18) years of age;
       (2) supervises the child at the child's place of employment; and
       (3) uses or exerts the workplace supervisor's supervisory
       relationship with the child to engage with the child in:
          (A) sexual intercourse;
          (B) other sexual conduct (as defined in IC 35-31.5-2-221.5);
          or
          (C) any fondling or touching with the child with the intent to
          arouse or satisfy the sexual desires of the child or the
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          workplace supervisor;
commits child seduction.
    (u) In determining whether a workplace supervisor used or exerted
the workplace supervisor's relationship with the child to engage in
sexual intercourse, other sexual conduct (as defined in
IC 35-31.5-2-221.5), or any fondling or touching with the intent to
arouse or satisfy the sexual desires of the child or the workplace
supervisor, the trier of fact may consider one (1) or more of the
following:
      (1) The age difference between the workplace supervisor and the
      child.
      (2) Whether the workplace supervisor was in a position of trust
      with respect to the child.
      (3) Whether the workplace supervisor suggested to the child that
      engaging or not engaging in sexual activity with the workplace
      supervisor would or could affect the child at the child's place of
      employment.
      (4) The authority that the workplace supervisor had over the child.
      (5) Whether the workplace supervisor exploited any particular
      vulnerability of the child.
      (6) Any other evidence relevant to the workplace supervisor's
      ability to exert undue influence over the child.
    (v) Child seduction under this section is:
      (1) a Level 6 felony if the child is at least sixteen (16) years of age
      but less than eighteen (18) years of age and the person or law
      enforcement officer engaged in any fondling or touching with the
      intent to arouse or satisfy the sexual desires of:
          (A) the child; or
          (B) the person or law enforcement officer;
      (2) a Level 5 felony if the child is at least sixteen (16) years of age
      but less than eighteen (18) years of age and the person or law
      enforcement officer engaged in sexual intercourse or other sexual
      conduct (as defined in IC 35-31.5-2-221.5) with the child;
      (3) a Level 5 felony if the child is at least fourteen (14) years of
      age but less than sixteen (16) years of age and the person or law
      enforcement officer engaged in any fondling or touching with the
      intent to arouse or satisfy the sexual desires of:
          (A) the child; or
          (B) the person or law enforcement officer;
      (4) a Level 4 felony if the child is at least fourteen (14) years of
      age but less than sixteen (16) years of age and the person or law
      enforcement officer engaged in sexual intercourse or other sexual
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      conduct (as defined in IC 35-31.5-2-221.5) with the child;
      (5) a Level 3 felony if the child is thirteen (13) years of age or
      under and the person or law enforcement officer engaged in any
      fondling or touching with the intent to arouse or satisfy the sexual
      desires of:
         (A) the child; or
         (B) the person or law enforcement officer; and
      (6) a Level 2 felony if the child is thirteen (13) years of age or
      under and the person or law enforcement officer engaged in
      sexual intercourse or other sexual conduct (as defined in
      IC 35-31.5-2-221.5) with the child.
   SECTION 237. IC 35-44.1-1-4, AS AMENDED BY P.L.158-2013,
SECTION 499, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 4. (a) The following definitions
apply throughout this section:
      (1) "Dependent" means any of the following:
         (A) The spouse of a public servant.
         (B) A child, stepchild, or adoptee (as defined in IC 31-9-2-2)
         IC 31-9-2.1-8) of a public servant who is:
            (i) unemancipated; and
            (ii) less than eighteen (18) years of age.
         (C) An individual more than one-half (1/2) of whose support
         is provided during a year by the public servant.
      (2) "Governmental entity served by the public servant" means the
      immediate governmental entity being served by a public servant.
      (3) "Pecuniary interest" means an interest in a contract or
      purchase if the contract or purchase will result or is intended to
      result in an ascertainable increase in the income or net worth of:
         (A) the public servant; or
         (B) a dependent of the public servant who:
            (i) is under the direct or indirect administrative control of
            the public servant; or
            (ii) receives a contract or purchase order that is reviewed,
            approved, or directly or indirectly administered by the public
            servant.
   (b) A public servant who knowingly or intentionally:
      (1) has a pecuniary interest in; or
      (2) derives a profit from;
a contract or purchase connected with an action by the governmental
entity served by the public servant commits conflict of interest, a Level
6 felony.
   (c) It is not an offense under this section if any of the following
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apply:
     (1) The public servant or the public servant's dependent receives
     compensation through salary or an employment contract for:
         (A) services provided as a public servant; or
         (B) expenses incurred by the public servant as provided by
         law.
     (2) The public servant's interest in the contract or purchase and all
     other contracts and purchases made by the governmental entity
     during the twelve (12) months before the date of the contract or
     purchase was two hundred fifty dollars ($250) or less.
     (3) The contract or purchase involves utility services from a utility
     whose rate structure is regulated by the state or federal
     government.
     (4) The public servant:
         (A) acts in only an advisory capacity for a state supported
         college or university; and
         (B) does not have authority to act on behalf of the college or
         university in a matter involving a contract or purchase.
     (5) A public servant under the jurisdiction of the state ethics
     commission (as provided in IC 4-2-6-2.5) obtains from the state
     ethics commission, following full and truthful disclosure, written
     approval that the public servant will not or does not have a
     conflict of interest in connection with the contract or purchase
     under IC 4-2-6 and this section. The approval required under this
     subdivision must be:
         (A) granted to the public servant before action is taken in
         connection with the contract or purchase by the governmental
         entity served; or
         (B) sought by the public servant as soon as possible after the
         contract is executed or the purchase is made and the public
         servant becomes aware of the facts that give rise to a question
         of conflict of interest.
     (6) A public servant makes a disclosure that meets the
     requirements of subsection (d) or (e) and is:
         (A) not a member or on the staff of the governing body
         empowered to contract or purchase on behalf of the
         governmental entity, and functions and performs duties for the
         governmental entity unrelated to the contract or purchase;
         (B) appointed by an elected public servant;
         (C) employed by the governing body of a school corporation
         and the contract or purchase involves the employment of a
         dependent or the payment of fees to a dependent;
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          (D) elected; or
          (E) a member of, or a person appointed by, the board of
          trustees of a state supported college or university.
      (7) The public servant is a member of the governing board of, or
      is a physician employed or contracted by, a hospital organized or
      operated under IC 16-22-1 through IC 16-22-5 or IC 16-23-1.
   (d) A disclosure must:
      (1) be in writing;
      (2) describe the contract or purchase to be made by the
      governmental entity;
      (3) describe the pecuniary interest that the public servant has in
      the contract or purchase;
      (4) be affirmed under penalty of perjury;
      (5) be submitted to the governmental entity and be accepted by
      the governmental entity in a public meeting of the governmental
      entity before final action on the contract or purchase;
      (6) be filed within fifteen (15) days after final action on the
      contract or purchase with:
          (A) the state board of accounts; and
          (B) if the governmental entity is a governmental entity other
          than the state or a state supported college or university, the
          clerk of the circuit court in the county where the governmental
          entity takes final action on the contract or purchase; and
      (7) contain, if the public servant is appointed, the written approval
      of the elected public servant (if any) or the board of trustees of a
      state supported college or university (if any) that appointed the
      public servant.
   (e) This subsection applies only to a person who is a member of, or
a person appointed by, the board of trustees of a state supported college
or university. A person to whom this subsection applies complies with
the disclosure requirements of this chapter with respect to the person's
pecuniary interest in a particular type of contract or purchase which is
made on a regular basis from a particular vendor if the individual files
with the state board of accounts and the board of trustees a statement
of pecuniary interest in that particular type of contract or purchase
made with that particular vendor. The statement required by this
subsection must be made on an annual basis.
   SECTION 238. IC 35-44.1-2-3, AS AMENDED BY P.L.129-2025,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3. (a) As used in this section, "consumer product"
has the meaning set forth in IC 35-45-8-1.
   (b) As used in this section, "misconduct" means a violation of a
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departmental rule or procedure of a law enforcement agency.
   (c) A person who reports that:
     (1) the person or another person has placed or intends to place an
     explosive, a destructive device, or other destructive substance in
     a building or transportation facility;
     (2) there has been or there will be tampering with a consumer
     product introduced into commerce; or
     (3) there has been or will be placed or introduced a weapon of
     mass destruction in a building or a place of assembly;
knowing the report to be false, commits false reporting, a Level 6
felony.
   (d) A person who:
     (1) gives:
         (A) a false report of the commission of a crime; or
         (B) false information to a law enforcement officer that relates
         to the commission of a crime;
     knowing the report or information to be false;
     (2) gives a false alarm of fire to the fire department of a
     governmental entity, knowing the alarm to be false;
     (3) makes a false request for ambulance service to an ambulance
     service provider, knowing the request to be false;
     (4) gives a false report concerning a missing child (as defined in
     IC 10-13-5-4), missing veteran at risk (as defined in
     IC 12-7-2-197.3), IC 12-7-2.1-346), or missing endangered adult
     (as defined in IC 12-7-2-131.3) IC 12-7-2.1-227) or gives false
     information to a law enforcement officer or a governmental entity
     that relates to a missing child, missing veteran at risk, or missing
     endangered adult knowing the report or information to be false;
     (5) makes a complaint against a law enforcement officer to the
     state or municipality (as defined in IC 8-1-13-3(b)) that employs
     the officer:
         (A) alleging the officer engaged in misconduct while
         performing the officer's duties; and
         (B) knowing the complaint to be false;
     (6) makes a false report of a missing person, knowing the report
     or information is false;
     (7) gives a false report of actions, behavior, or conditions
     concerning:
         (A) a septic tank soil absorption system under IC 8-1-2-125 or
         IC 13-26-5-2.5; or
         (B) a septic tank soil absorption system or constructed wetland
         septic system under IC 36-9-23-30.1;
SEA 80 — CC 1
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      knowing the report or information to be false; or
      (8) makes a false report that a person is dangerous (as defined in
      IC 35-47-14-1) knowing the report or information to be false;
commits false informing, a Class B misdemeanor except as provided
in subsection (e).
    (e) The offense described in subsection (d) is:
      (1) a Class A misdemeanor if it:
          (A) substantially hinders any law enforcement process,
          including by causing the dispatch of one (1) or more law
          enforcement officers;
          (B) results in harm to another person; or
          (C) is committed under subsection (d)(8);
      (2) a Level 6 felony if it:
          (A) is committed under subsection (d)(8); and
          (B) either:
            (i) substantially hinders any law enforcement process,
            including by causing the dispatch of one (1) or more law
            enforcement officers;
            (ii) results in harm to another person; or
            (iii) would cause a reasonable person to feel terrorized,
            frightened, intimidated, or threatened; and
      (3) a Level 5 felony if it is committed under subsection (d)(8) and
      results in serious bodily injury or death to another person.
    SECTION 239. IC 35-44.1-3-5, AS AMENDED BY P.L.104-2024,
SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 5. (a) The following definitions apply throughout
this section:
      (1) "Chemical intoxicant" means a substance that, when
      introduced into a person's body, causes intoxication or a similar
      physical effect. The term does not include an alcoholic beverage
      or a cigarette or tobacco product (as defined in IC 6-7-2-5).
      (2) "Juvenile facility" means the following:
          (A) A secure facility (as defined in IC 31-9-2-114)
          IC 31-9-2.1-222) in which a child is detained under IC 31 or
          used for a child awaiting adjudication or adjudicated under
          IC 31 as a child in need of services or a delinquent child.
          (B) A shelter care facility (as defined in IC 31-9-2-117)
          IC 31-9-2.1-227) in which a child is detained under IC 31 or
          used for a child awaiting adjudication or adjudicated under
          IC 31 as a child in need of services or a delinquent child.
    (b) A person who, without the prior authorization of the person in
charge of a penal facility or juvenile facility, knowingly or
SEA 80 — CC 1
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intentionally:
      (1) delivers, or carries into the penal facility or juvenile facility
      with intent to deliver, an article to an inmate or child of the
      facility;
      (2) carries, or receives with intent to carry out of the penal facility
      or juvenile facility, an article from an inmate or child of the
      facility; or
      (3) delivers, or carries to a worksite with the intent to deliver,
      alcoholic beverages to an inmate or child of a jail work crew or
      community work crew;
(including delivering, carrying, or receiving through the use of an
unmanned aerial vehicle) commits trafficking with an inmate, a Class
A misdemeanor. However, the offense is a Level 5 felony under
subdivision (1) or (2) if the article is a controlled substance, a chemical
intoxicant, a deadly weapon, or a cellular telephone or other wireless
or cellular communications device.
   (c) If:
      (1) the person who committed the offense under subsection (b) is
      an employee of:
          (A) the department of correction; or
          (B) a penal facility;
      and the article is a cigarette or tobacco product (as defined in
      IC 6-7-2-5), the court shall order the person to pay a fine of at
      least five hundred dollars ($500) and not more than five thousand
      dollars ($5,000) under IC 35-50-3-2, in addition to any term of
      imprisonment imposed under IC 35-50-3-2; or
      (2) a person is convicted of committing a Level 5 felony under
      subsection (b)(1) or (b)(2) because the article was a cellular
      telephone or other wireless or cellular communication device, the
      court shall order the person to pay a fine of at least five hundred
      dollars ($500) and not more than ten thousand dollars ($10,000)
      under IC 35-50-2-6(a) in addition to any term of imprisonment
      imposed on the person under IC 35-50-2-6(a).
   (d) A person who:
      (1) is not an inmate of a penal facility or a child of a juvenile
      facility; and
      (2) knowingly or intentionally possesses in, or carries or causes to
      be brought into, the penal facility or juvenile facility a deadly
      weapon without the prior authorization of the person in charge of
      the penal facility or juvenile facility;
commits carrying a deadly weapon into a correctional facility, a Level
5 felony.
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                                  326
    SECTION 240. IC 35-46-1-4.1, AS ADDED BY P.L.158-2013,
SECTION 551, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 4.1. (a) As used in this section,
"child care provider" means a person who provides child care in or on
behalf of:
      (1) a child care center (as defined in IC 12-7-2-28.4);
      IC 12-7-2.1-55); or
      (2) a child care home (as defined in IC 12-7-2-28.6);
      IC 12-7-2.1-57);
regardless of whether the child care center or child care home is
licensed.
    (b) A child care provider who recklessly supervises a child commits
reckless supervision, a Class B misdemeanor. However, the offense is
a Class A misdemeanor if the offense results in serious bodily injury to
a child, and a Level 6 felony if the offense results in the death of a
child.
    SECTION 241. IC 35-46-7-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 1. As used in this
chapter, "health care provider" means:
      (1) a hospital licensed under IC 16-21;
      (2) a health facility licensed under IC 16-28;
      (3) a housing services establishment that is required to file a
      disclosure statement under IC 12-15;
      (4) a continuing care retirement community that is required to file
      a disclosure statement under IC 23-2-4;
      (5) a home health agency licensed under IC 16-27;
      (6) a hospice licensed under IC 16-25;
      (7) an entity that provides licensed or certified health care
      professionals to:
         (A) a health care provider; or
         (B) a person who is in need of, or receives, professional health
         care services;
      (8) a community mental health center (as defined in
      IC 12-7-2-38); IC 12-7-2.1-78);
      (9) a private psychiatric hospital licensed under IC 12-25;
      (10) a state institution (as defined in IC 12-7-2-184);
      IC 12-7-2.1-318); or
      (11) a community residential facility for the developmentally
      disabled that is licensed under IC 12-28-5.
    SECTION 242. IC 35-47-14-1, AS AMENDED BY P.L.289-2019,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1. (a) For the purposes of this chapter, an
SEA 80 — CC 1
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individual is "dangerous" if:
     (1) the individual presents an imminent risk of personal injury to
     the individual or to another individual; or
     (2) it is probable that the individual will present a risk of personal
     injury to the individual or to another individual in the future and
     the individual:
         (A) has a mental illness (as defined in IC 12-7-2-130)
         IC 12-7-2.1-226) that may be controlled by medication, and
         has not demonstrated a pattern of voluntarily and consistently
         taking the individual's medication while not under supervision;
         or
         (B) is the subject of documented evidence that would give rise
         to a reasonable belief that the individual has a propensity for
         violent or suicidal conduct.
   (b) The fact that an individual has been released from a mental
health facility or has a mental illness that is currently controlled by
medication does not establish that the individual is dangerous for the
purposes of this chapter.
   SECTION 243. IC 35-48-1.1-18, AS ADDED BY P.L.186-2025,
SECTION 249, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 18. "Enhancing circumstance"
means one (1) or more of the following:
     (1) The person has a prior conviction for dealing in a controlled
     substance that is not marijuana, hashish, hash oil, or salvia
     divinorum.
     (2) The person committed the offense while in possession of a
     firearm.
     (3) The person committed the offense:
         (A) on a school bus; or
         (B) in, on, or within five hundred (500) feet of:
            (i) school property while a person under eighteen (18) years
            of age was reasonably expected to be present; or
            (ii) a public park while a person under eighteen (18) years
            of age was reasonably expected to be present.
     (4) The person delivered or financed the delivery of the drug to a
     person under eighteen (18) years of age at least three (3) years
     junior to the person.
     (5) The person manufactured or financed the manufacture of the
     drug.
     (6) The person committed the offense in the physical presence of
     a child less than eighteen (18) years of age, knowing that the child
     was present and might be able to see or hear the offense.
SEA 80 — CC 1
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      (7) The person committed the offense on the property of a:
          (A) penal facility; or
          (B) juvenile facility (as defined in IC 35-44.1-3-5).
      (8) The person knowingly committed the offense in, on, or within
      one hundred (100) feet of a facility. For purposes of this
      subdivision, "facility" means a place that is:
          (A) created and funded under IC 12-23-14 or IC 33-23-16;
          (B) certified under IC 12-23-1-6; or
          (C) used for the purpose of conducting a recovery or support
          group meeting;
      and at which a drug abuser (as defined in IC 12-7-2-73)
      IC 12-7-2.1-129) may be provided with treatment, care, or
      rehabilitation.
    SECTION 244. IC 35-50-1-6, AS AMENDED BY P.L.74-2015,
SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 6. (a) Before a person who has been convicted of
an offense and committed to the department of correction is assigned
to a department of correction program or facility under IC 11-10-1, the
sentencing court may recommend that the department of correction
place the person in a secure private facility (as defined in
IC 31-9-2-115) IC 31-9-2.1-223) if:
      (1) the person was less than sixteen (16) years of age on the date
      of sentencing; and
      (2) the court determines that the person would benefit from the
      treatment offered by the facility.
    (b) A secure private facility may terminate a placement and request
the department of correction to reassign a convicted person to another
department of correction facility or program.
    (c) When a convicted person becomes twenty-one (21) years of age
or if a secure private facility terminates a placement under subsection
(b) a convicted person shall:
      (1) be assigned to a department of correction facility or program
      under IC 11-10-1-3(b); and
      (2) serve the remainder of the sentence in the department of
      correction facility or program.
    (d) A person who is placed in a secure private facility under this
section:
      (1) is entitled to earn educational credit and good time credit
      under IC 35-50-6; and
      (2) may be deprived of earned educational credit and good time
      credit as provided under rules adopted by the department of
      correction under IC 4-22-2.
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   SECTION 245. IC 36-1-24-10, AS ADDED BY P.L.73-2018,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 10. A unit may enact or enforce a law or plan that
regulates, prohibits, or limits short term rentals only for the following
primary purposes:
     (1) Protection of the public's health and safety related to:
         (A) fire and building safety;
         (B) sanitation;
         (C) transportation;
         (D) traffic control; and
         (E) pollution control;
     if enforcement is performed in the same manner as enforcement
     that applies to similar properties that are not short term rentals.
     (2) Residential use and zoning related to:
         (A) noise;
         (B) protection of welfare;
         (C) property maintenance; and
         (D) nuisance issues;
     if enforcement is performed in the same manner as enforcement
     that applies to similar properties that are not short term rentals.
     (3) To limit or prohibit use of short term rentals for the following
     purposes:
         (A) To house sex offenders.
         (B) To operate a structured sober living home.
         (C) To manufacture, exhibit, distribute, or sell illegal drugs,
         liquor, pornography, or obscenity.
         (D) To operate an adult entertainment establishment (as
         defined in IC 12-7-2-1.8). IC 12-7-2.1-7).
     (4) To limit or prohibit short term rentals located within the
     boundaries of a conservancy district established under IC 14-33.
     (5) To provide the unit with an emergency contact for a short term
     rental.
   SECTION 246. IC 36-4-3-5.2, AS AMENDED BY P.L.211-2025,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 5.2. (a) As used in this section, "homeowners
association" means a corporation that satisfies all of the following:
     (1) The corporation is exempt from federal income taxation under
     26 U.S.C. 528.
     (2) The control and management of the corporation is vested in a
     board of directors.
     (3) The corporation is organized and operated exclusively for the
     benefit of two (2) or more persons who each own:
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         (A) a dwelling in fee simple; or
         (B) a commercial building in fee simple;
      within the residential development.
      (4) The purpose of the corporation is to:
         (A) own, maintain, and operate common areas and facilities;
         (B) administer and enforce covenants and restrictions on
         property; and
         (C) collect and distribute assessments on property;
      located within the residential development.
      (5) The corporation acts in accordance with the articles, bylaws,
      or other documents governing the corporation to:
         (A) adopt and enforce rules and regulations necessary for the
         enjoyment of common areas, recreation facilities, and other
         amenities located within the residential development; and
         (B) exercise the corporation's power to:
            (i) levy assessments on property within the residential
            development; and
            (ii) collect assessments on property located within the
            residential development by enforcing the corporation's lien
            and foreclosure rights.
    (b) As used in this section, "municipality" means:
      (1) a third class city; or
      (2) a town having a population of more than thirty thousand
      (30,000) located in a county having a population of more than one
      hundred seventy-four thousand (174,000) and less than one
      hundred eighty thousand (180,000).
    (c) As used in this section, "residential development" means a parcel
of land that is subdivided or will be subdivided upon collection of the
annexation into:
      (1) lots, parcels, tracts, units, or interests that:
         (A) include an existing Class 2 structure (as defined in
         IC 22-12-1-5); or
         (B) are designated for the construction of a Class 2 structure;
      each of which is encumbered by substantively identical restrictive
      covenants concerning one (1) or more servient estates located
      within the boundaries of the original undivided parcel, or other
      governing document of record;
      (2) lots, parcels, tracts, units, or interests that:
         (A) include an existing Class 1 structure (as defined in
         IC 22-12-1-4); or
         (B) are designated for the construction of a Class 1 structure;
         and
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      (3) a common area.
   (d) In addition to annexing territory under section 3, 4, 5, or 5.1 of
this chapter, a third class city may annex a residential development and
a public highway right-of-way that connects the residential
development to the corporate limits of the third class city. A town
described in subsection (b)(2) may annex a residential development.
An annexation by a third class city or a town under this section must
satisfy the following:
      (1) This subdivision applies only to an annexation by a
      municipality. The residential development is governed by a
      homeowners association.
      (2) The residential development has at least any combination of:
          (A) three hundred (300) proposed or existing, or both, single
          family lots within the proposed or existing residential
          developments, in the case of an annexation by a third class
          city; or
          (B) five hundred (500) proposed or existing, or both, single
          family lots within the proposed or existing residential
          developments, in the case of an annexation by a town
          described in subsection (b)(2).
      (3) This subdivision applies only to an annexation by a
      municipality. The residential development is located in its entirety
      not more than four and five-tenths (4.5) miles outside the
      municipality's corporate boundaries.
      (4) This subdivision applies only to an annexation by a third class
      city. The residential development dwellings are or will be upon
      construction connected to the third class city's sewer or water
      service.
      (5) This subdivision applies only to an annexation by a
      municipality. The residential development includes a commercial
      area containing or proposed to contain buildings intended to be
      used and operated for commercial purposes.
      (6) This subdivision applies only to an annexation by a third class
      city. The residential development is adjacent to the public
      highway right-of-way.
      (7) This subdivision applies only to an annexation by a third class
      city. The public highway that connects the residential
      development to the corporate limits of the city is part of the state
      highway system (as defined in IC 8-23-1-40). IC 8-23-1.1-39).
      (8) This subdivision applies only to an annexation by a third class
      city. The city's annexation territory includes only the public
      highway right-of-way and the residential development.
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       (9) The aggregate external boundary of the annexation territory
       that coincides with the boundary of the third class city is greater
       than zero (0).
       (10) This subdivision applies only to an annexation by a town
       described in subsection (b)(2). An existing sewer line extends
       from the residential development to the corporate limits of the
       town. The residential development is or will be upon construction
       connected to the town's sewer and water service.
       (11) This subdivision applies only to an annexation by a town
       described in subsection (b)(2). The cost of construction of the
       residential development is at least five hundred million dollars
       ($500,000,000).
       (12) The aggregate external boundary of the annexation territory
       that coincides with the boundary of the town described in
       subsection (b)(2) is zero (0).
    (e) Unless the articles, bylaws, or other governing documents of the
homeowners association expressly provide otherwise, the board of
directors of the homeowners association may file a petition with the
legislative body of the municipality requesting the municipality to
annex all property within the residential development. The annexation
may proceed only if the municipality adopts a resolution approving the
initiation of the annexation process not more than sixty (60) days after
the petition is filed. If the municipality does not adopt a resolution
within the sixty (60) day period, the petition is void.
    (f) If the legislative body of the municipality adopts a resolution
approving initiation of the annexation, the municipality shall prepare
a written preliminary fiscal plan that must be made available to the
public at each of the outreach program meetings under section 1.7 of
this chapter.
    (g) Upon completion of the outreach program meetings and before
mailing the notification to landowners under section 2.2 of this chapter,
the legislative body of the municipality shall adopt a written fiscal plan
by resolution that incorporates any revisions to the preliminary fiscal
plan.
    (h) The municipality shall hold a public hearing not earlier than
thirty (30) days after the date the annexation ordinance is introduced.
All interested parties must have the opportunity to testify as to the
proposed annexation. Notice of the hearing shall be:
       (1) published in accordance with IC 5-3-1 except that the notice
       shall be published at least thirty (30) days before the hearing; and
       (2) mailed as set forth in section 2.2 of this chapter.
A municipality may adopt an ordinance not earlier than thirty (30) days
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                                   333
or not later than sixty (60) days after the legislative body of the
municipality has held the public hearing under this subsection.
    (i) A landowner may file a remonstrance against the annexation as
provided in section 11 of this chapter.
    (j) Territory annexed under this section may not be considered a part
of the third class city for purposes of annexing additional territory
under section 3 or 4 of this chapter. However, territory annexed under
this chapter shall be considered a part of the third class city for
purposes of annexing additional territory under section 5 or 5.1 of this
chapter.
    (k) For purposes of an annexation by a third class city under this
section:
       (1) section 1.5 of this chapter does not apply; and
       (2) the landowner of the public highway right-of-way that is part
       of the state highway system (as defined in IC 8-23-1-40)
       IC 8-23-1.1-39) is considered to be the state of Indiana.
    (l) The redevelopment commission of a town described in
subsection (b)(2) may only enact a housing tax increment financing
district in Liberty Township in Hendricks County if the housing tax
increment financing district is approved by a resolution passed by the
Mill Creek School Corporation.
    (m) The following apply only to an annexation by a town described
in subsection (b)(2):
       (1) Any territory that is annexed under this section may not be
       considered a part of the town for purposes of annexing additional
       territory under section 3 or 4 of this chapter. However, any part of
       the unincorporated area (including any property occupied by the
       sewer line under subsection (d)(10)) that:
           (A) adjoins the boundaries of the annexation territory; and
           (B) extends one-half (1/2) mile from the boundaries of the
           annexation territory;
       may only be annexed by the town if the annexation is under
       section 5.1 of this chapter.
       (2) Any part of the unincorporated area (including any property
       occupied by the sewer line under subsection (d)(10)) that extends:
           (A) outside the one-half (1/2) mile area described in
           subdivision (1); and
           (B) to the corporate limits of the town;
       is not a part of the annexation territory or the town for purposes
       of annexing additional territory under this chapter.
    SECTION 247. IC 36-7-4-1107 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 1107. (a) This section
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applies to a children's home providing residential care for eleven (11)
or more children that is operating in a residential area on January 1,
1992.
   (b) As used in this section, "children's home" has the meaning set
forth in IC 12-7-2-29(1). IC 12-7-2.1-60(1).
   (c) A zoning ordinance may not prevent improvements to a
children's home on the grounds that:
      (1) the children's home is a business; or
      (2) the persons residing in the children's home are not related.
   (d) Except as provided in subsection (c), a children's home must
meet the same:
      (1) zoning requirements;
      (2) developmental standards; and
      (3) building codes;
that apply to the improvement of residential structures in the same
residential district or classification as the children's home.
   (e) As used in this subsection, "tract" has the meaning set forth in
IC 6-1.1-1-22.5. A children's home must comply with a restriction,
reservation, condition, exception, or covenant in a subdivision plat,
deed, or other instrument of, or pertaining to, the transfer, sale, lease,
or use of property that:
      (1) applies to the tract on which the children's home is located;
      and
      (2) is in existence for that tract before the children's home
      acquires ownership or use of the tract.
   SECTION 248. IC 36-7-4-1108, AS AMENDED BY P.L.134-2024,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1108. (a) This section applies only to a child care
home that is used as the primary residence of the person who operates
the child care home regardless of whether the child care home meets
the definition set forth in IC 12-7-2-28.6. IC 12-7-2.1-57.
   (b) A zoning ordinance may not do any of the following:
      (1) Exclude a child care home from a residential area solely
      because the child care home is a business.
      (2) Impose limits on the number of children that may be served by
      a child care home at any one (1) time that vary from the limits set
      forth in IC 12-7-2-33.7 IC 12-7-2.1-68 and IC 12-7-2-33.8.
      IC 12-7-2.1-69.
      (3) Impose requirements or restrictions upon child care homes
      that vary from the requirements and restrictions imposed upon
      child care homes by rules adopted by the division of family
      resources or the fire prevention and building safety commission.
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                                   335
    (c) Notwithstanding subsection (b), a child care home may be
required to meet the same:
      (1) zoning requirements;
      (2) developmental standards; and
      (3) building codes;
that apply to other residential structures in the same residential district
or classification as the child care home.
    SECTION 249. IC 36-7-24-3, AS AMENDED BY P.L.1-2009,
SECTION 167, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 3. As used in this chapter, "facility"
refers to the following:
      (1) A secure facility for juveniles (as defined in IC 31-9-2-115).
      IC 31-9-2.1-223).
      (2) A shelter care facility for juveniles (as defined in
      IC 31-9-2-117). IC 31-9-2.1-227).
    SECTION 250. IC 36-7-33-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 3. As used in this
chapter, "state institution" has the meaning set forth in IC 12-7-2-184.
IC 12-7-2.1-318.
    SECTION 251. IC 36-8-8-19, AS AMENDED BY P.L.6-2012,
SECTION 253, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 19. (a) The baseline statewide
physical examination required by section 7(a) of this chapter shall be
prescribed by the system board and shall be administered by the
appointing authority, as determined by the local board, after the
appointing authority extends a conditional offer for employment. The
baseline statewide physical examination shall be administered by a
licensed physician and must include all of the following:
      (1) A general medical history.
      (2) The tests identified in rules that shall be adopted by the system
      board.
    (b) The system board shall adopt minimum standards by rule th