Indiana § 31-34-20-1.6 - Limitation on provision of reunification services to parent, guardian, or custodian of child alleged to be in need of services

§ 31-34-20-1.6. Limitation on provision of reunification services to parent, guardian, or custodian of child alleged to be in need of services

Sec. 1.6. (a) This section applies to a parent, guardian, or custodian of a child:

(1) who is the subject of a proceeding regarding a petition alleging that the child is a child in need of services, regardless of whether:

(A) the child is removed from the care or custody of the parent, guardian, or custodian; or

(B) the child, if removed, is returned to the care or custody of the parent, guardian, or custodian;

at any time before or after the entry of a dispositional decree in the proceeding; and

(2) who has been:

(A) ordered by the court in the proceeding; or

(B) directed by the department;

to complete reunification services.

(b) Except as provided in subsections (c) and (d), the court in a proceeding regarding a petition alleging that a child is a child in need of services may not provide for a child's parent, guardian, or custodian to receive reunification services for more than:

(1) if the child in need of services petition is filed after June 30, 2025, and before July 1, 2026, fifteen (15) months; or

(2) if the child in need of services petition is filed after June 30, 2026, twelve (12) months;

after the date on which the petition is filed.

(c) A court may extend the provision of reunification services to a child's parent, guardian, or custodian for:

(1) a period of not more than ninety (90) days if the court finds after an evidentiary hearing that:

(A) the parent, guardian, or custodian has substantially complied with the child's dispositional decree; and

(B) the extension is in the child's best interests; and

(2) an additional period of not more than ninety (90) days following an extension under subdivision (1) if the court:

(A) finds after an evidentiary hearing, by clear and convincing evidence, that:

(i) the parent, guardian, or custodian has substantially complied with the child's dispositional decree; and

(ii) the extension is in the child's best interests; and

(B) includes in the order for the extension:

(i) the facts upon which the court based the court's findings under clause (A); and

(ii) the time period within which it is likely that reunification of the child with the parent will occur.

(d) A court may extend the provision of reunification services to a child's parent, guardian, or custodian if the court finds after an evidentiary hearing that the child's parent, guardian, or custodian, by no fault of the parent, guardian, or custodian, was not afforded an adequate opportunity to substantially participate in the reunification services.

(e) The following are not a basis for an extension under subsection (c) or (d):

(1) Delay or failure by the parent, guardian, or custodian to establish paternity or seek custody of the child.

(2) Failure of the parent, guardian, or custodian to substantially participate in the reunification services due to the conduct of the parent, guardian, or custodian.

(f) In determining whether to extend the provision of reunification services to a child's parent under subsection (c) or (d), a court shall take into consideration the status of any minor siblings of the child.

As added by P.L.179-2025, SEC.17. Amended by P.L.84-2026, SEC.16.