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What are Indiana's laws on placing children with relatives?

What are Indiana's laws on placing children with relatives?

Q: What is kinship placement?

Kinship placement is a legal arrangement where a child is placed in the care of a relative or someone close to the family, rather than in foster care. This arrangement is often preferred because it helps maintain family connections and stability for the child during difficult times.

Q: Can a parent keep a child from the other parent without a court order in Indiana?

No, a parent cannot legally keep a child from the other parent without a court order in Indiana. Doing so can be considered custodial interference and may lead to legal repercussions. Parents should follow existing custody agreements or seek a modification through the court if necessary.

Q: Can a parent keep a child from the other parent without a court order Indiana?

In Indiana, a parent cannot keep a child from the other parent without a court order. This action may violate custody laws and could result in legal consequences. It is important for parents to adhere to custody agreements or seek legal guidance if changes are needed.

Full question:

What are the laws in Indiana on placement of children with my relatives?

Category: Minors
Subcategory: Placement with Relatives
Date: 04/07/2025
State: Indiana

Answer:

In Indiana, when it comes to adoption or guardianship, the court prioritizes placing a child with a suitable and willing blood or adoptive relative, such as a grandparent, aunt, uncle, or adult sibling, before considering other out-of-home placements. This is outlined in Indiana Statutes Title 31, Article 34, Chapter 4.

If a child is taken into custody and an out-of-home placement is ordered, the department must first consider placing the child with:

a suitable and willing relative, or
a de facto custodian.

Before placement, the department must evaluate the relative's home through a home visit. Additionally, a criminal history check is required for anyone currently living in the proposed placement location.

The department cannot make an out-of-home placement if any resident has a history of child abuse or neglect or has been convicted of certain felonies, unless specific exceptions apply. The court may approve a placement even if a resident has a disqualifying history, provided the offense does not affect their ability to care for the child and the placement is in the child's best interest.

For further details, you can refer to Indiana Code (IC 31-34-4-2).

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is it called when a parent keeps a child from the other parent?

When a parent keeps a child from the other parent without legal justification, it is often referred to as parental alienation or custodial interference. This can occur when one parent prevents the child from having contact with the other parent, which may lead to legal consequences if it violates custody agreements or court orders.

What is a kinship placement in Indiana?

A kinship placement in Indiana refers to the placement of a child with a relative or someone who has a significant relationship with the child, such as a grandparent, aunt, or uncle. This type of placement is prioritized by the court when considering out-of-home placements, as it aims to keep the child within their family network.