Ind. Code » Title 31
Indiana Code

Ind. Code § 31-34-4-2 (2025)

Placement of child with relative caretaker or de facto custodian; evaluation; criminal history check required; exceptions; out-of-home placement; considerations

✓ 2025 Indiana Code: the 2026 session is not included
Find cases: SyfertCases citing this section JustiaInd. Code CornellLII Search CasesGoogle Scholar

     Sec. 2. (a) If a child alleged to be a child in need of services is taken into custody under an order of the court under this chapter and the court orders out-of-home placement, the department is responsible for that placement and care and must consider placing the child with a:

(1) suitable and willing relative; or

(2) de facto custodian;

before considering any other out-of-home placement.

     (b) The department shall consider placing a child described in subsection (a) with a relative related by blood, marriage, or adoption before considering any other placement of the child.

     (c) Before the department places a child in need of services with a relative or a de facto custodian, the department shall complete an evaluation based on a home visit of the relative's home.

     (d) Except as provided in subsection (f), before placing a child in need of services in an out-of-home placement, the department shall conduct a criminal history check of each person who is currently residing in the location designated as the out-of-home placement.

     (e) Except as provided in subsection (g), the department may not make an out-of-home placement if a person described in subsection (d) has:

(1) committed an act resulting in a substantiated report of child abuse or neglect; or

(2) been convicted of a nonwaivable offense, as defined in IC 31-9-2-84.8 or had a juvenile adjudication for an act that would be a nonwaivable offense, as defined in IC 31-9-2-84.8 if committed by an adult.

     (f) The department is not required to conduct a criminal history check under subsection (d) if the department makes an out-of-home placement to an entity or a facility that is not a residence (as defined in IC 3-5-2.1-90) or that is licensed by the state.

     (g) A court may order or the department may approve an out-of-home placement if:

(1) a person described in subsection (d) has:

(A) committed an act resulting in a substantiated report of child abuse or neglect;

(B) been convicted of:

(i) battery (IC 35-42-2-1);

(ii) criminal recklessness (IC 35-42-2-2) as a felony;

(iii) criminal confinement (IC 35-42-3-3) as a felony;

(iv) arson (IC 35-43-1-1) as a felony;

(v) nonsupport of a dependent child (IC 35-46-1-5);

(vi) operating a motorboat while intoxicated (IC 35-46-9-6) as a felony;

(vii) a felony involving a weapon under IC 35-47;

(viii) a felony relating to controlled substances under IC 35-48-4; or

(ix) a felony under IC 9-30-5;

if the conviction did not occur within the past five (5) years; or

(C) had a juvenile adjudication for a nonwaivable offense, as defined in IC 31-9-2-84.8 that, if committed by an adult, would be a felony; and

(2) the person's commission of the offense, delinquent act, or act of abuse or neglect described in subdivision (1) is not relevant to the person's present ability to care for a child, and the placement is in the best interest of the child.

However, a court or the department shall not make an out-of-home placement if the person has been convicted of a nonwaivable offense, as defined in IC 31-9-2-84.8 that is not specifically excluded under subdivision (1)(B).

     (h) In considering the placement under subsection (g), the court or the department shall consider the following:

(1) The length of time since the person committed the offense, delinquent act, or abuse or neglect.

(2) The severity of the offense, delinquent act, or abuse or neglect.

(3) Evidence of the person's rehabilitation, including the person's cooperation with a treatment plan, if applicable.

[Pre-1997 Recodification Citation: 31-6-4-6(b).]

As added by P.L.1-1997, SEC.17. Amended by P.L.70-2004, SEC.18; P.L.234-2005, SEC.176; P.L.145-2006, SEC.290; P.L.1-2007, SEC.206; P.L.52-2007, SEC.9; P.L.146-2008, SEC.578; P.L.162-2011, SEC.49; P.L.128-2012, SEC.159; P.L.158-2013, SEC.321; P.L.123-2014, SEC.21; P.L.65-2016, SEC.14; P.L.183-2017, SEC.42; P.L.243-2019, SEC.16; P.L.142-2020, SEC.43; P.L.46-2024, SEC.18; P.L.186-2025, SEC.159.

 

Notes of Decisions
Cited in 19 cases, 2000–2019 · leading case: Z.G. v. Marion Cnty. Dep't of Child Servs., 933 N.E.2d 494 (Ind. Ct. App. 2010).
Sort: Relevance Newest Treatment
Z.G. v. Marion Cnty. Dep't of Child Servs., 933 N.E.2d 494 (Ind. Ct. App. 2010). · cites it 4× “" Ind.Code § 31-34-4-2. Here, Mother asserts that DCS could have placed C.”
K.S. v. B.W., 954 N.E.2d 1050 (Ind. Ct. App. 2011). · cites it 2× “5), and temporary placement of a child in need of services who is taken into custody (Ind.Code § 31-34-4-2). Our Indiana Supreme Court has explained that status as a de facto custodian bears only on the question of custody.”
Miles v. Miami Cnty. Div. of Fam. & Child., 723 N.E.2d 956 (Ind. Ct. App. 2000). · cites it 4× “” Ind.Code § 31-34-4-2(a). Before placing the child with a blood relative, the court may order the office of family and children to: 1) complete a home study of the relative’s home; and 2) provide the court with recommendations.”
Marion Cnty. Div. of Indiana Dep't of Child Servs. v. Melinger, 878 N.E.2d 331 (Ind. Ct. App. 2007). · cites it 2× “Melinger cited Ind.Code § 31-34-4-2(b)(2) and Ind.Code § 31-34-9-1(2); however, neither of those sections governs when an order is deemed a final judgment.”
Leonelli v. Noble Cnty. Dep't of Child Servs., 863 N.E.2d 323 (Ind. Ct. App. 2007). · cites it 2× “*328 Indiana Code Section 31-34-4-2(a) states: “If a child alleged to be a child in need of services is taken into custody under an order of the court under this chapter, the court shall consider placing the child with a suitable and willing blood or adoptive relative caretaker,…”
In re Cg, 933 N.E.2d 494 (Ind. Ct. App. 2010). · cites it 4× “" Ind.Code § 31-34-4-2. Here, Mother asserts that DCS could have placed C.”
In re CW, 723 N.E.2d 956 (Ind. Ct. App. 2000). · cites it 6× “Indiana Code section 31-34-4-2 *963 permits a CHINS court to place a child alleged to be in need of services with the child's grandparents after the child is taken into custody by the state.”
In the Matter of the Involuntary Termination of the Parent-Child Relationship of J.W., J.W., D.B., Minor Child. & Their Father, J.J., J.J v. Indiana Dep't of Child Servs. (mem. dec.), No. 49A02-1705-JT-1046 (Ind. Ct. App. Oct. 25, 2017). · cites it 5× “[21] As pertinent here, I.C. § 31-34-4-2 requires DCS to consider placing a child determined to be a CHINS with a “suitable and willing relative .”
In re Gr, 863 N.E.2d 323 (Ind. Ct. App. 2007). · cites it 2× “*328 Indiana Code Section 31-34-4-2(a) states: "If a child alleged to be a child in need of services is taken into custody under an order of the court under this chapter, the court shall consider placing the child with a suitable and willing blood or adoptive relative caretaker,…”
Ks v. Bw, 954 N.E.2d 1050 (Ind. Ct. App. 2011). · cites it 2× “5), and temporary placement of a child in need of services who is taken into custody (Ind.Code § 31-34-4-2). Our Indiana Supreme Court has explained that status as a de facto custodian bears only on the question of custody.”
In the Matter of the Involuntary Termination of the Parent-Child Relationship of A.F. (Minor Child), M.F. (Father) v. Indiana Dep't of Child Servs. (mem. dec.), No. 48A02-1708-JT-1899 (Ind. Ct. App. Feb. 19, 2018). · cites it 2× “We hold that the statute does not put that burden on DCS but, rather, if DCS is made aware of a willing relative, it must consider such placement.”
In the Matter of N.I. (Minor Child), a Child in Need of Servs., & K.R.H. (Mother) v. Indiana Dep't of Child Servs. (mem. dec.), No. 18A-JC-624 (Ind. Ct. App. Sept. 13, 2018). · cites it 2× “After a factfinding hearing in October 2017, the trial court found Child to be a CHINS in an order that reads in relevant part as follows: 1 Indiana Code Section 31-34-4-2(a) provides that DCS must consider placing a child alleged to be a CHINS who is taken into custody under…”
Show all 19 citing cases →
Ind. Code § 31-34-4-2(a): 7 cases
Leonelli v. Noble Cnty. Dep't of Child Servs., 863 N.E.2d 323 (Ind. Ct. App. 2007). “*328 Indiana Code Section 31-34-4-2(a) states: “If a child alleged to be a child in need of services is taken into custody under an order of the court under this chapter, the court shall consider placing the child with a suitable and willing blood or adoptive relative caretaker,…”
Miles v. Miami Cnty. Div. of Fam. & Child., 723 N.E.2d 956 (Ind. Ct. App. 2000). “” Ind.Code § 31-34-4-2(a). Before placing the child with a blood relative, the court may order the office of family and children to: 1) complete a home study of the relative’s home; and 2) provide the court with recommendations.”
In re Gr, 863 N.E.2d 323 (Ind. Ct. App. 2007). “*328 Indiana Code Section 31-34-4-2(a) states: "If a child alleged to be a child in need of services is taken into custody under an order of the court under this chapter, the court shall consider placing the child with a suitable and willing blood or adoptive relative caretaker,…”
In re CW, 723 N.E.2d 956 (Ind. Ct. App. 2000). “Indiana Code section 31-34-4-2 *963 permits a CHINS court to place a child alleged to be in need of services with the child's grandparents after the child is taken into custody by the state.”
In the Matter of N.I. (Minor Child), a Child in Need of Servs., & K.R.H. (Mother) v. Indiana Dep't of Child Servs. (mem. dec.), No. 18A-JC-624 (Ind. Ct. App. Sept. 13, 2018). “After a factfinding hearing in October 2017, the trial court found Child to be a CHINS in an order that reads in relevant part as follows: 1 Indiana Code Section 31-34-4-2(a) provides that DCS must consider placing a child alleged to be a CHINS who is taken into custody under…”
Ind. Code § 31-34-4-2(b): 2 cases
Miles v. Miami Cnty. Div. of Fam. & Child., 723 N.E.2d 956 (Ind. Ct. App. 2000). “” Ind.Code § 31-34-4-2(a). Before placing the child with a blood relative, the court may order the office of family and children to: 1) complete a home study of the relative’s home; and 2) provide the court with recommendations.”
In re CW, 723 N.E.2d 956 (Ind. Ct. App. 2000). “Indiana Code section 31-34-4-2 *963 permits a CHINS court to place a child alleged to be in need of services with the child's grandparents after the child is taken into custody by the state.”
Ind. Code § 31-34-4-2(b)(2): 1 case
Marion Cnty. Div. of Indiana Dep't of Child Servs. v. Melinger, 878 N.E.2d 331 (Ind. Ct. App. 2007). “Melinger cited Ind.Code § 31-34-4-2(b)(2) and Ind.Code § 31-34-9-1(2); however, neither of those sections governs when an order is deemed a final judgment.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.