Prior written approval of placements; criminal history checks
Sec. 1. (a) Except:
(1) for:
(A) a child sought to be adopted by a stepparent;
(B) a child sought to be adopted by a grandparent, an aunt,
or an uncle; or
(C) a child received by the petitioner for adoption from an
agency outside Indiana with the written consent of the
division of family resources; or
(2) if the court in its discretion, after a hearing held upon proper
notice, has waived the requirement for prior written approval;
a child may not be placed in a proposed adoptive home without the
prior written approval of a licensed child placing agency or county
office of family and children approved for that purpose by the
division of family resources.
(b) Except as provided in subsection (d), before giving prior
written approval for placement in a proposed adoptive home of a
child who is under the care and supervision of:
(1) the juvenile court; or
(2) the department of child services;
a licensed child placing agency or the department of child services
shall conduct a criminal history check (as defined in IC 31-9-2-22.5)
concerning the proposed adoptive parent and any other person who
is currently residing in the proposed adoptive home.
(c) The prospective adoptive parent shall pay the fees and other
costs of the criminal history check required under this section.
(d) A licensed child placing agency or the department of child
services is not required to conduct a criminal history check (as
defined in IC 31-9-2-22.5) if a prospective adoptive parent provides
the licensed child placing agency or county office of family and
children with the results of a criminal history check conducted:
(1) in accordance with IC 31-9-2-22.5; and
(2) not more than one (1) year before the date on which the
licensed child placing agency or county office of family and
children provides written approval for the placement.
As added by P.L.1-1997, SEC.11. Amended by P.L.234-2005,
SEC.93.
Last modified: May 24, 2006