Indiana Senate Bill 171 (or Public Law 116) is a new law related to family and children matters. This law was signed by the governor and went into effect immediately on March 5, 2026. As an overview, the law provides protections for foster children and foster families, updates adoption procedures, and allows courts to grant post-adoption contact privileges.
Protections for Foster Children and Foster Families
In terms of protections for foster children and foster families, the new law provides that when the Department of Child Services (“DCS”) is considering whether an out-of-home placement is in a child’s best interest, DCS is now to consider the following factors:
- Whether the caregiver is interested in providing permanence for the child if reunification efforts ultimately fail.
- The expressed wishes of the child's birth parent and the child, if applicable, unless the wishes are contrary to law, child safety, or stability.
- The relationship of the caregiver with the child and the child's family.
- The proximity of the placement home to the birth parents' home and the child's current school or school district.
- The strengths and parenting style of the caregiver in relation to the child's behavior and needs.
- The caregiver's willingness to interact with the birth family, unless the caregiver has safety concerns.
- The caregiver's ability and willingness to accept placement of the child and any of the child's siblings.
- If any sibling will be placed separately, the caregiver's ability and willingness to provide or assist in maintaining frequent visitation or other ongoing contact between the child and the child's siblings.
- The child's fit with the family with regard to age, gender, and sibling relationships.
- If the child has chronic behavioral health needs:
- whether the child's behavior will place other children in the home at risk; and
- the caregiver's ability to provide the necessary level of supervision to prevent harm to the child or others by the child.
- Whether placement in the home would comply with the placement preferences prescribed by federal law.
See I.C. 31-34-4-2(i).
Additionally, the new law provides that a placement with whom a child has resided for at least twelve (12) months, consecutively or nonconsecutively, is presumed to be an individual who has a significant relationship with the child. Also, if any party (not just DCS) to a Child in Needs of Services (“CHINS”) case wishes to change the placement of a foster child after that foster child has been in the same out-of-home placement for at least twelve (12) months, consecutively or nonconsecutively, then that party must file a motion to change the placement of a child. The party requesting the change in placement must provide notice to DCS, and DCS must provide notice to the child’s out – of – home placement within fifteen (15) days.
Lastly, the new law provides that if a foster child is the subject of an adoption petition, the adopting parent is the current out-of-home placement, and the adopting parent has been the child’s placement for at least twelve (12) months, consecutively or nonconsecutively, the court cannot change the child’s placement until the adoption petition has been ruled on.
Updates to Adoption Procedures
In terms of adoption procedures, the new law requires that the local DCS office provide notice of an adoption petition to the Court in which a CHINS proceeding is open or pending before the Court. DCS is to notify the court and the parties “that an adoption petition has been filed and of the cause number and name of the petitioner for the adoption petition.” See I.C. 31-19-2.5-3(d).
Additionally, the new law now permits an adoption consent to be executed or acknowledged at any time after the birth of a child in the presence of an attorney, in person or by video conferencing.
Post-Adoption Contact Privileges Update
In terms of the post-adoption contact privileges update, the new law permits the court to grant post-adoption contact for children who are at least twelve (12) months old as opposed to two (2) years old.
How Does This Impact You?
All the foregoing changes in the law impact foster families and the foster children who are placed in their home. This is particularly true for those individuals who intend to adopt the foster children placed in their home. If you would like to discuss any of the foregoing in greater detail, and to get better guidance on how these changes directly affect you and your foster children, please contact Fort Wayne Family Law Attorney Sadie Dillon-Baatz who will be happy to assist you with any of your adoption related needs, questions, or representation.
