Indiana § 31-10-2-3 - Rights of persons with a disability

§ 31-10-2-3. Rights of persons with a disability

Sec. 3. The right of a person with a disability to parent the person's child may not be denied or restricted solely because the person has a disability.

As added by P.L.146-2021, SEC.5.

IC 31-10-3.5Chapter 3.5. Antidiscrimination in Adoption and Foster Proceedings

31-10-3.5-1General prohibition against discrimination 31-10-3.5-2Exception for prioritizing a child's placement 31-10-3.5-3Antidiscrimination exception for compelling governmental interest 31-10-3.5-4Exemptions

IC 31-10-3.5-1General prohibition against discrimination Sec. 1. (a) Except as provided in subsection (b), a governmental entity may not discriminate against any of the following:

(1) A person that provides, or declines to provide, an adoption or foster care service in a manner consistent with the person's sincerely held religious belief.

(2) An adoptive parent (as defined in IC 31-9-2-6) who raises, or intends to raise, a child in a manner consistent with the adoptive parent's sincerely held religious belief.

(3) A foster parent (as defined in IC 31-9-2-47) who raises, or intends to raise, a child in a manner consistent with the foster parent's sincerely held religious belief.

(4) A person that in a matter concerning adoption or foster care service:

(A) maintains any policy and procedure; or

(B) otherwise acts;

consistent with the person's sincerely held religious belief.

(b) A governmental entity may consider whether a person described in subsection (a) shares the same religion or faith tradition as:

(1) a child when considering placement of the child to prioritize the child's placement with a person of the same religion or faith tradition; or

(2) the child's parent or parents when considering placement of the child to prioritize the child's placement with a person who shares the same religion or faith tradition of the parent or parents of the child.

(c) A governmental entity may not discriminate against a person described in subsection (a) unless the discriminatory act:

(1) as applied to the person described in subsection (a), is required to advance a compelling governmental interest; and

(2) is the least restrictive means of advancing the governmental interest.

As added by P.L.43-2026, SEC.6.

IC 31-10-3.5-2Exception for prioritizing a child's placement Sec. 2. (a) Notwithstanding IC 34-13-3-3 and subject to subsection (b), a person may:

(1) bring a cause of action against a governmental entity for a violation of section 1 of this chapter; or

(2) assert the violation of section 1 of this chapter as a claim or defense in a judicial proceeding.

(b) A person may not bring a cause of action against any court under this section.

(c) A person does not need to exhaust any administrative remedy before commencing an action under this section.

As added by P.L.43-2026, SEC.6.

IC 31-10-3.5-3Antidiscrimination exception for compelling governmental interest Sec. 3. Relief against the governmental entity may include any of the following:

(1) Declaratory relief.

(2) Injunctive relief.

(3) Compensatory damages.

(4) Reasonable attorney's fees and costs.

As added by P.L.43-2026, SEC.6.

IC 31-10-3.5-4Exemptions Sec. 4. This chapter does not:

(1) prohibit the department from taking an action authorized by state law to prevent child abuse or neglect as defined in IC 31-9-2-14(c); or

(2) limit the department from enforcing licensing requirements under IC 31-27 that are consistent with this chapter.

As added by P.L.43-2026, SEC.6.

IC 31-11ARTICLE 11. FAMILY LAW: MARRIAGE

Ch. 0.1.Legislative Intent Ch. 1.Who May Marry Ch. 2.Repealed Ch. 3.Uniform Premarital Agreement Act Ch. 4.Marriage Licenses and Certificates Ch. 5.Repealed Ch. 6.Authority to Solemnize Marriages Ch. 7.Rights and Liabilities Incident to Marriage Ch. 8.Void Marriages Ch. 9.Voidable Marriages Ch. 10.Actions to Annul Voidable Marriages Ch. 11.Offenses

IC 31-11-0.1Chapter 0.1. Legislative Intent

31-11-0.1-1"Repealed statutes" 31-11-0.1-2P.L.180-1986 intended to be codification and restatement; no effect on rights, liabilities, penalties, violations, or proceedings before March 4, 1986

IC 31-11-0.1-1"Repealed statutes" Sec. 1. As used in this chapter, "repealed statutes" refer to the following statutes repealed by P.L.180-1986:

(1) IC 16-1-37-7.

(2) IC 31-1-1.

(3) IC 31-1-2.

(4) IC 31-1-3.

(5) IC 31-1-4.

(6) IC 31-1-5.

(7) IC 31-1-6.

(8) IC 31-1-7.

(9) IC 31-1-8.

(10) IC 31-1-9.

As added by P.L.220-2011, SEC.488.

IC 31-11-0.1-2P.L.180-1986 intended to be codification and restatement; no effect on rights, liabilities, penalties, violations, or proceedings before March 4, 1986 Sec. 2. (a) P.L.180-1986 is intended to be a codification and restatement of applicable or corresponding provisions of the repealed statutes. If P.L.180-1986 repeals and replaces a provision in the same form or in a restated form, the substantive operation and effect of that provision continue uninterrupted.

(b) P.L.180-1986 does not affect any:

(1) rights or liabilities accrued;

(2) penalties incurred;

(3) violations committed; or

(4) proceedings begun;

before March 4, 1986. Those rights, liabilities, penalties, offenses, and proceedings continue and shall be imposed and enforced under prior law as if P.L.180-1986 had not been enacted.

As added by P.L.220-2011, SEC.488.

IC 31-11-1Chapter 1. Who May Marry

31-11-1-1Same sex marriages prohibited 31-11-1-2Marriage to close relative prohibited; marriages between cousins; exceptions 31-11-1-3Bigamous marriages prohibited 31-11-1-4Minimum age for marriage 31-11-1-5Marriage of individual 16 or 17 years of age 31-11-1-6Repealed 31-11-1-7Petition for marriage of individual 16 or 17 years of age; evidentiary hearing; emancipation