IndianaCourts pause some child protection moves during adoption cases
In child protection cases, courts generally keep a child with a caregiver seeking adoption after at least 12 months of care until they decide the adoption case.
What it does
In a child protection case, the court generally keeps a child with a caregiver who has housed them for at least 12 months, even if those months were not consecutive, and filed to adopt until the court rules on the adoption petition. The court may act sooner on a supported urgent request or if the caregiver writes that they will not contest the move and waives a hearing.
For children removed from home in child protection cases, the child services department considers suitable relatives first. It also weighs family ties, sibling contact, distance from school, and safety.
When adoption rules require notice, the court needs proof that covered people and agencies were told before the final hearing. Someone left out can challenge the adoption order within 45 days.
Argument forKeeping a child with a familiar caregiver during an adoption case could spare the child another move while the court decides.
Argument againstIn a child protection case, the pause could delay a move to another suitable home while a caregiver’s adoption case is pending.
More detail
In a child protection case, the court must generally pause a proposed move while the child’s current caregiver has an adoption petition pending. The caregiver must have housed the child for at least 12 months in total, whether or not those months were consecutive. The court may rule on a proposed move without delay if the request alleges supported urgent circumstances or the caregiver writes that they will not contest the move and waives the right to request a hearing. The pause lasts until the court rules on the adoption petition.
The child services department must consider suitable, willing relatives before other placements and weigh how well each home fits the child. This covers children a court has ordered into care outside their homes during a child protection case. A relative is not guaranteed placement. The department must evaluate the relative’s home and consider the child’s needs and safety. The section says these rules take effect upon passage.
The adoption process must give notice to specified people and agencies. Recipients include people whose consent is required, certain grandparents, and agencies responsible for the child. Proof of notice must reach the court before it schedules the final adoption hearing. If a required recipient was missed, that person or agency can challenge the adoption order. The challenge must come within 45 days after the adoption order is entered.
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Where it stands
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Mar 5Signed by the Governor Mike BraunBecame Law
- Mar 5Public Law 116Major
- Feb 27Signed by the President Pro TemporeMajor
- Feb 27Signed by the SpeakerMajor
- Feb 27Signed by the President of the SenateMajor
- Feb 25Senate concurred with House amendments; Roll Call 279: yeas 46, nays 0
- Vote recorded SB 171 - Johnson T. Result: pass.Upper
- Feb 23Motion to concur filedMinor
- Feb 20Returned to the Senate with amendmentsMinor
- Feb 19Representative Morris added as cosponsor
- Vote recorded SB 171 - McGuire - 3rd Reading. Result: pass.Lower
- Feb 19Representative Goss-Reaves added as cosponsor
- Feb 19Third reading: passed; Roll Call 290: yeas 94, nays 0Passed House
- Feb 18Second reading: ordered engrossedMinor
- Feb 16Committee report: amend do pass, adoptedMinor
- Jan 28First reading: referred to Committee on JudiciaryMinor
- Jan 23Referred to the HouseMinor
- Jan 22Third reading: passed; Roll Call 54: yeas 43, nays 0Passed Senate
- Vote recorded SB 171 - Johnson T - 3rd Reading. Result: pass.Upper
- Jan 22House sponsor: Representative McGuire
- Jan 20Second reading: amended, ordered engrossedMinor
- Jan 20Amendment #1 (Johnson T) prevailed; voice voteMajor
- Jan 20Senator Randolph added as coauthor
- Jan 13Senator Brown L added as third author
- Jan 13Senator Walker G added as second author
- Jan 13Senators Ford J.D., Donato added as coauthors
- Jan 12Committee report: amend do pass, adoptedMinor
- Jan 5Authored by Senator Johnson T
- Jan 5First reading: referred to Committee on Family and Children ServicesIntroduced