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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
licensed child placing agency or 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.
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 agency and county office of family and
children.
(4) Other relevant information regarding the inspection and
supervision provided by an 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:
IC 31-19-8-4
List of approved supervising agencies
Sec. 4. To facilitate adoption proceedings, the department shall
furnish to clerks of Indiana courts having probate jurisdiction a list
of approved supervising agencies.
As added by P.L.1-1997, SEC.11. Amended by P.L.145-2006,
SEC.250.
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, each agency or the 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 agency's or county office of family and children's 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:
(1) 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 under section
2(c) of this chapter; and
(2) may require the county office of family and children or a
child placing agency to:
(A) investigate any matter related to an adoption; and
(B) report to the court the results of the investigation.
IC 31-19-8-6
Contents of report
Sec. 6. (a) The agency's or county office of family and children's
report 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) Whether the child is classified as hard to place:
(A) because of the child's ethnic background, race, color,
language, physical, mental, or medical disability, or age; or
(B) because the child is a member of a sibling group that
should be placed in the same home.
(4) 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
parents.
(2) A recommendation that a request for a subsidy be denied in
whole or in part due to the financial condition of the 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.
IC 31-19-8-7
Summary consideration of agency's report; continuance
Sec. 7. The court shall summarily consider the agency's or county
office of family and children's report. 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.
IC 31-19-8-8
Agency report and recommendation; nonbinding on court
Sec. 8. The report and recommendation of the agency or county
office of family and children 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.
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.