CHAPTER 8. SUPERVISION OF CHILD BY LICENSED CHILD PLACING AGENCY
IC 31-19-8
Chapter 8. Supervision of Child by Licensed Child Placing
Agency
IC 31-19-8-1
Period of supervision as prerequisite to adoption
Sec. 1. An adoption may be granted in Indiana only after:
(1) the court has heard the evidence; and
(2) except as provided in section 2(c) of this chapter, a period
of supervision, as described in section 2 of this chapter, by:
(A) a licensed child placing agency for a child who has not
been adjudicated to be a child in need of services; or
(B) if the child is the subject of an open child in need of
services action, the county office of family and children
approved for that purpose by the department.
As added by P.L.1-1997, SEC.11. Amended by P.L.145-2006,
SEC.248; P.L.138-2007, SEC.38; P.L.131-2009, SEC.15.
IC 31-19-8-2
Supervision period; waiver of supervision period
Sec. 2. (a) Except as provided in subsection (c), the period of
supervision required by section 1 of this chapter may be before or
after the filing of a petition for adoption, or both.
(b) The length of the period of supervision is within the sole
discretion of the court hearing the petition for adoption.
(c) A court hearing a petition for adoption of a child may waive
the period of supervision under subsection (a) if one (1) of the
petitioners is a stepparent or grandparent of the child and the court
waives the report under section 5(c) of this chapter.
As added by P.L.1-1997, SEC.11. Amended by P.L.138-2007,
SEC.39.
IC 31-19-8-3
List of licensed child placing agencies and county offices of family
and children
Sec. 3. (a) The department shall annually compile a list of:
(1) licensed child placing agencies; and
(2) county offices of family and children;
that conduct the inspection and supervision required for adoption of
a child by IC 31-19-7-1 and section 1 of this chapter.
(b) The list of licensed child placing agencies and county offices
of family and children must include a description of the following:
(1) Fees charged by each agency and county office of family
and children.
(2) Geographic area served by each agency and county office of
family and children.
(3) Approximate waiting period for the inspection or
supervision by each licensed child placing agency and county
office of family and children.
(4) Other relevant information regarding the inspection and
supervision provided by a licensed child placing agency or a
county office of family and children under IC 31-19-7-1 and
section 1 of this chapter.
(c) The department shall do the following:
(1) Maintain in its office or on its web site copies of the list
compiled under this section for distribution to individuals who
request a copy.
(2) Provide each county office of family and children with
sufficient copies of the list prepared under this section for
distribution to individuals who request a copy.
(3) Provide a copy of the list to each public library organized
under IC 36-12.
(d) The department and each:
(1) county office of family and children; and
(2) public library organized under IC 36-12;
shall make the list compiled under this section available for public
inspection.
As added by P.L.1-1997, SEC.11. Amended by P.L.1-2005, SEC.201;
P.L.145-2006, SEC.249; P.L.131-2009, SEC.16.
IC 31-19-8-4
List of approved supervising agencies
Sec. 4. To facilitate adoption proceedings, the department shall:
(1) publish;
(2) post on its web site; or
(3) furnish to each public library organized under IC 36-12;
a list of approved supervising agencies.
As added by P.L.1-1997, SEC.11. Amended by P.L.145-2006,
SEC.250; P.L.131-2009, SEC.17.
IC 31-19-8-5
Agency report and recommendation; filing requirements; waiver
of report
Sec. 5. (a) Except as provided in subsection (c), not more than
sixty (60) days from the date of reference of a petition for adoption
to each appropriate agency:
(1) each licensed child placing agency, for a child who is not
adjudicated to be a child in need of services; or
(2) if the child is the subject of an open child in need of services
action, each county office of family and children;
shall submit to the court a written report of the investigation and
recommendation as to the advisability of the adoption.
(b) The report and recommendation:
(1) shall be filed with the adoption proceedings; and
(2) become a part of the proceedings.
(c) A court hearing a petition for adoption of a child may waive
the report required under subsection (a) if one (1) of the petitioners
is a stepparent or grandparent of the child and the court waives the
period of supervision.
(d) If the court waives the reports required under subsection (a),
the court shall require the licensed child placing agency for a child
who is not adjudicated to be a child in need of services or, if the
child is the subject of an open child in need of services action, each
county office of family and children to:
(1) ensure a criminal history check is conducted under
IC 31-19-2-7.5; and
(2) report to the court the results of the criminal history check.
As added by P.L.1-1997, SEC.11. Amended by P.L.138-2007,
SEC.40; P.L.131-2009, SEC.18.
IC 31-19-8-6
Contents of report
Sec. 6. (a) The report required by section 5 of this chapter must,
to the extent possible, include the following:
(1) The former environment and antecedents of the child.
(2) The fitness of the child for adoption.
(3) The suitability of the proposed home for the child.
(b) The report may not contain any of the following:
(1) Information concerning the financial condition of the
adoptive parents.
(2) A recommendation that a request for a subsidy be denied in
whole or in part due to the financial condition of the adoptive
parents.
(c) The criminal history information required under
IC 31-19-2-7.5 must accompany the report.
As added by P.L.1-1997, SEC.11. Amended by P.L.200-1999,
SEC.19; P.L.138-2007, SEC.41; P.L.131-2009, SEC.19.
IC 31-19-8-7
Summary consideration of agency's report; continuance
Sec. 7. The court shall summarily consider the report submitted
under section 5 of this chapter. If the court finds that further
investigation or further supervision is necessary, the court shall
continue the case to a later date that the court considers advisable for
final determination. At that time the court shall determine the case.
As added by P.L.1-1997, SEC.11. Amended by P.L.138-2007,
SEC.42; P.L.131-2009, SEC.20.
IC 31-19-8-8
Agency report and recommendation; nonbinding on court
Sec. 8. The report and recommendation of the licensed child
placing agency or county office are not binding on the court but are
advisory only.
As added by P.L.1-1997, SEC.11. Amended by P.L.138-2007,
SEC.43; P.L.131-2009, SEC.21.
IC 31-19-8-9
Prompt hearing and determination of adoption
Sec. 9. As soon as possible after the provisions of IC 31-19-7-1
and this chapter have been satisfied, the court shall proceed to hear
and determine the petition for adoption.
As added by P.L.1-1997, SEC.11.