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 local office;
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 local office 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.
[Pre-1997 Recodification Citation: 31-3-1-4(d).]
As added by P.L.1-1997, SEC.11. Amended by P.L.138-2007,
SEC.40; P.L.131-2009, SEC.18; P.L.128-2012, SEC.52.
Notes of Decisions
In Re: the Adoption of S.O., A.O., & N.O., P.P. v. A.O., 56 N.E.3d 77 (Ind. Ct. App. 2016).
· cites it 4× “- Although the supervisory period and report can be waived for stepparents or grandparents, I.C. § 31-19-8-5(c), exercising that waiver then obligates the court to order an agency to conduct a criminal history check and complete a report.”
S. R. v. M. J., 71 N.E.3d 436 (Ind. Ct. App. 2017).
· cites it 2× “On April 7, 2015, Stepmother filed a home study with the adoption court in accordance with Indiana Code section 31-19-8-5. The home study was completed by Terrence Lovejoy (Lovejoy), a social worker with the Children’s Bureau, Inc.”
In Re Adoption of MAS, 815 N.E.2d 216 (Ind. Ct. App. 2004).
“Ind.Code 31-19-8-5 (1998) provides: (a) Not more than sixty (60) days from the date of reference of a petition for adoption to each appropriate agency, each agency shall submit to the court a written report of and the agency's investigation recommendation as to the advisability…”
G.S. v. T.K. (mem. dec.) (Ind. Ct. App. 2016).
· cites it 8× “rather than ordering the complete criminal-history report required by Indiana Code section 31-19-8-5(d). We vacate and remand to the trial court for reconsideration in light of a complete background check.”
T.M. v. L.D. & J.D. (mem. dec.) (Ind. Ct. App. 2018).
· cites it 4× “The plain language of Indiana Code Section 31-19-8-5 requires a report from a child placing agency or the DCS.”
M B v. A S (Ind. Ct. App. 2024).
· cites it 4× “See Ind. Code § 31-19-8-5 (d). Court of Appeals of Indiana | Opinion 24A-AD-1885 | December 26, 2024 Page 6 of 7 A.”
Wachowski v. Beke, 756 N.E.2d 990 (Ind. Ct. App. 2001).
“§ 31-19-8-5 requires a "putative father who files a paternity action as described by I.”
In Re Adoption of MPS, Jr., 963 N.E.2d 625 (Ind. Ct. App. 2012).
· cites it 2× “Indiana Code Section 31-19-8-5 provides that a court may waive a home study report if a petitioner for adoption is a step-parent or grandparent and the court has waived the period of supervision.”
Ind. Code § 31-19-8-5(a): 1 case
T.M. v. L.D. & J.D. (mem. dec.) (Ind. Ct. App. 2018).
“The plain language of Indiana Code Section 31-19-8-5 requires a report from a child placing agency or the DCS.”
Ind. Code § 31-19-8-5(c): 2 cases
In Re: the Adoption of S.O., A.O., & N.O., P.P. v. A.O., 56 N.E.3d 77 (Ind. Ct. App. 2016).
“- Although the supervisory period and report can be waived for stepparents or grandparents, I.C. § 31-19-8-5(c), exercising that waiver then obligates the court to order an agency to conduct a criminal history check and complete a report.”
Ind. Code § 31-19-8-5(d): 5 cases
In Re: the Adoption of S.O., A.O., & N.O., P.P. v. A.O., 56 N.E.3d 77 (Ind. Ct. App. 2016).
“- Although the supervisory period and report can be waived for stepparents or grandparents, I.C. § 31-19-8-5(c), exercising that waiver then obligates the court to order an agency to conduct a criminal history check and complete a report.”
G.S. v. T.K. (mem. dec.) (Ind. Ct. App. 2016).
“rather than ordering the complete criminal-history report required by Indiana Code section 31-19-8-5(d). We vacate and remand to the trial court for reconsideration in light of a complete background check.”
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