Citations Affected: IC 12-7-2-28; IC 29-3-2-1; IC 31-9; IC 31-17;
IC 31-21; IC 34-26-5-3.
Synopsis: Uniform child custody jurisdiction act. Repeals and replaces
the Uniform Child Custody Jurisdiction Law. Establishes a uniform
process to enforce interstate child custody and visitation
determinations, and harmonizes the law with respect to simultaneous
proceedings and inconvenient forums.
Effective: July 1, 2006.
January 11, 2006, read first time and referred to Committee on Judiciary.
A BILL FOR AN ACT to amend the Indiana Code concerning
family law and juvenile law.
minor residing outside Indiana.
(3) Property of every incapacitated person or minor, regardless of
where the property is located, coming into the control of a
fiduciary who is subject to the laws of Indiana.
(b) Except as provided in subsections (c) through (e), the court has
exclusive original jurisdiction over all matters concerning the
following:
(1) Guardians.
(2) Protective proceedings under IC 29-3-4.
(c) A juvenile court has exclusive original jurisdiction over matters
relating to the following:
(1) Minors described in IC 31-30-1-1.
(2) Matters related to guardians of the person and guardianships
of the person described in IC 31-30-1-1(10).
(d) Except as provided in subsection (c), courts with child custody
jurisdiction under:
(1) IC 31-14-10;
(2) IC 31-17-2-1; or
(3) IC 31-21-5 (or IC 31-17-3-3 before its repeal);
have original and continuing jurisdiction over custody matters relating
to minors.
(e) A mental health division of a superior court under IC 33-33-49
has jurisdiction concurrent with the court in mental health proceedings
under IC 12-26 relating to guardianship and protective orders.
(f) Jurisdiction under this section is not dependent on issuance or
service of summons.
IC 31-17, means a child or children of both parties to the marriage. The
term includes the following:
(1) Children born out of wedlock to the parties.
(2) Children born or adopted during the marriage of the parties.
(b) "Child", for purposes of the Uniform Child Custody
Jurisdiction Act under IC 31-21, has the meaning set forth in
IC 31-21-2-3.
(b) (c) "Child", for purposes of the Uniform Interstate Family
Support Act under IC 31-18, has the meaning set forth in IC 31-18-1-2.
(c) (d) "Child", for purposes of IC 31-19-5, includes an unborn
child.
(d) (e) "Child", for purposes of the juvenile law, means:
(1) a person who is less than eighteen (18) years of age;
(2) a person:
(A) who is eighteen (18), nineteen (19), or twenty (20) years
of age; and
(B) who either:
(i) is charged with a delinquent act committed before the
person's eighteenth birthday; or
(ii) has been adjudicated a child in need of services before
the person's eighteenth birthday; or
(3) a person:
(A) who is alleged to have committed an act that would have
been murder if committed by an adult; and
(B) who was less than eighteen (18) years of age at the time of
the alleged act.
(e) (f) "Child", for purposes of the Interstate Compact on Juveniles
under IC 31-37-23-1, has the meaning set forth in IC 31-37-23-1.
(f) (g) "Child", for purposes of IC 31-16-12.5, means an individual
to whom child support is owed under:
(1) a child support order issued under IC 31-14-10 or IC 31-16-6;
or
(2) any other child support order that is enforceable under
IC 31-16-12.5.
Uniform Child Custody Jurisdiction Act under IC 31-21, has the
meaning set forth in IC 31-21-2-5.
the Uniform Child Custody Jurisdiction Act under IC 31-21, has
the meaning set forth in IC 31-21-2-17.
marriage does not bind the grandparent under IC 31-21-3-1 (or
IC 31-17-3-12 before its repeal); and
(2) an Indiana court would have jurisdiction under IC 31-21-5-1
(or IC 31-17-3-3 before its repeal), IC 31-21-5-2, or
IC 31-21-5-3 (or IC 31-17-3-14 before its repeal) to grant
visitation rights to the grandparent in a modification decree.
reasonable and necessary care or supervision.
Sec. 3. "Child" means a person who is less than eighteen (18)
years of age.
Sec. 4. "Child custody determination" means a judgment,
decree, or other court order providing for:
(1) legal custody;
(2) physical custody; or
(3) visitation;
with respect to a child. The term does not include an order relating
to child support or other monetary obligation of a person.
Sec. 5. "Child custody proceeding" means a proceeding in which
legal custody, physical custody, or visitation with respect to a child
is an issue. The term includes a proceeding for:
(1) dissolution of marriage or legal separation;
(2) child abuse or neglect;
(3) guardianship;
(4) paternity;
(5) termination of parental rights; and
(6) protection from domestic violence;
in which the issue of child custody or visitation may appear. The
term does not include a proceeding involving juvenile delinquency,
contractual emancipation, or enforcement of child custody under
IC 31-21-6.
Sec. 6. "Commencement" means the filing of the first pleading
in a proceeding.
Sec. 7. "Court" means an entity authorized by state law to
establish, enforce, or modify a child custody determination.
Sec. 8. "Home state" means the state in which a child lived with:
(1) a parent; or
(2) a person acting as a parent;
for at least six (6) consecutive months immediately before the
commencement of a child custody proceeding. In the case of a child
less than six (6) months of age, the term means the state in which
the child lived since birth with a parent or person acting as a
parent. A period of temporary absence of the parent or person
acting as a parent is part of the period.
Sec. 9. "Initial determination" means the first child custody
determination concerning a child.
Sec. 10. "Issuing court" means the court that makes a child
custody determination for which enforcement is sought under this
article.
Sec. 11. "Issuing state" means the state in which a child custody
determination is made.
Sec. 12. "Modification" means a child custody determination
that changes, replaces, supersedes, or is otherwise made after a
previous determination concerning the same child, regardless of
whether the determination is made by the court that made the
previous determination.
Sec. 13. "Person" means an individual, a corporation, a business
trust, an estate, a trust, a partnership, a limited liability company,
an association, a joint venture, a government, a governmental
subdivision, an agency or instrumentality, a public corporation, or
any other legal or commercial entity.
Sec. 14. "Person acting as a parent" means a person, other than
a parent, who:
(1) has physical custody of the child or has had physical
custody for a period of at least six (6) consecutive months,
including a temporary absence, within one (1) year
immediately before the commencement of a child custody
proceeding; and
(2) has been awarded legal custody by a court or claims a
right to legal custody under Indiana law.
Sec. 15. "Petitioner" means a person who seeks enforcement of:
(1) an order for return of a child under the Hague Convention
on the Civil Aspects of International Child Abduction; or
(2) a child custody determination.
Sec. 16. "Physical custody" means the physical care and
supervision of a child.
Sec. 17. "Record" means information that is:
(1) inscribed on a tangible medium; or
(2) stored in an electronic or other medium;
and that is retrievable in a perceivable form.
Sec. 18. "Respondent" means a person against whom a
proceeding has been commenced for enforcement of:
(1) an order for return of a child under the Hague Convention
on the Civil Aspects of International Child Abduction; or
(2) a child custody determination.
Sec. 19. "State" means a state of the United States, the District
of Columbia, Puerto Rico, the United States Virgin Islands, or a
territory or an insular possession subject to the jurisdiction of the
United States.
Sec. 20. "Tribe" means an Indian tribe or band or Alaskan
Native village that is:
(1) recognized by federal law; or
who is subject to the jurisdiction of another state is not immune
from service of process allowable under the laws of that state.
Sec. 6. The immunity granted by section 4 of this chapter does
not extend to civil litigation based on acts unrelated to the
participation in a proceeding under this article committed by an
individual while present in Indiana.
Chapter 4. Communication and Cooperation Between Courts
Sec. 1. An Indiana court may communicate with a court in
another state concerning a proceeding arising under this article.
Sec. 2. The court may allow the parties to participate in the
communication. If the parties are not able to participate in the
communication, the parties must be given the opportunity to
present facts and legal arguments before a decision on jurisdiction
is made.
Sec. 3. Communication between courts regarding:
(1) schedules;
(2) calendars;
(3) court records; and
(4) similar matters;
may occur without informing the parties. A record need not be
made of the communication.
Sec. 4. A record must be made of a communication under
sections 1 and 2 of this chapter. The parties must be:
(1) promptly informed of the communication; and
(2) granted access to the record.
Sec. 5. In addition to other procedures available to a party, a
party to a child custody proceeding may offer testimony of
witnesses who are located in another state, including testimony of
the parties and the child, by deposition or other means allowable
in Indiana for testimony taken in another state. The court on its
own motion may:
(1) order that the testimony of a person be taken in another
state; and
(2) prescribe the manner in which and the terms on which the
testimony is taken.
Sec. 6. An Indiana court may permit a person residing in
another state to be deposed or to testify by:
(1) telephone;
(2) audiovisual means; or
(3) other electronic means;
before a designated court or another location in that state. An
Indiana court shall cooperate with courts in other states in
designating an appropriate location for the deposition or
testimony.
Sec. 7. Documentary evidence transmitted from another state to
an Indiana court by technological means that do not produce an
original writing may not be excluded from evidence on an
objection based on the means of transmission.
Sec. 8. An Indiana court may request the appropriate court of
another state to do the following:
(1) Hold an evidentiary hearing.
(2) Order a person to produce or give evidence under the
procedures of the other state.
(3) Order that an evaluation be made with respect to the
custody of a child involved in a pending proceeding.
(4) Forward to the Indiana court:
(A) a certified copy of the transcript of the record of the
hearing;
(B) the evidence otherwise presented; and
(C) an evaluation prepared in compliance with the request.
(5) Order:
(A) a party to a child custody proceeding; or
(B) any person having physical custody of the child;
to appear in the proceeding with or without the child.
Sec. 9. On the request of a court of another state, an Indiana
court may:
(1) hold a hearing; and
(2) enter an order described in section 8 of this chapter.
Sec. 10. Travel and other necessary and reasonable expenses
incurred under sections 8 and 9 of this chapter may be assessed
against the parties according to Indiana law.
Sec. 11. An Indiana court shall preserve the:
(1) pleadings;
(2) orders;
(3) decrees;
(4) records of hearings;
(5) evaluations; and
(6) other pertinent records;
with respect to a child custody proceeding until the child becomes
eighteen (18) years of age. On appropriate request by a court or
law enforcement official of another state, the Indiana court shall
forward a certified copy of the records to the court of the other
state.
Chapter 5. Jurisdiction
this article, notice and an opportunity to be heard in accordance
with the standards of IC 31-21-3-3 must be given to the following
persons:
(1) Persons entitled to notice under Indiana law as in child
custody proceedings between residents of Indiana.
(2) A parent whose parental rights have not been previously
terminated.
(3) Any person having physical custody of the child.
(b) This article does not govern the enforceability of a child
custody determination made without notice or an opportunity to be
heard.
(c) The obligation to join a party and the right to intervene as a
party in a child custody proceeding under this article are governed
by Indiana law in the same manner as in child custody proceedings
between Indiana residents.
Sec. 6. (a) Except as otherwise provided in section 4 of this
chapter, an Indiana court may not exercise its jurisdiction under
this article if, at the time of the commencement of the proceeding,
a proceeding concerning the custody of the child has been
commenced in a court of another state having jurisdiction
substantially in conformity with this article, unless the proceeding:
(1) has been terminated; or
(2) is stayed by the court of the other state because an Indiana
court is a more convenient forum under section 8 of this
chapter.
(b) Except as otherwise provided in section 4 of this chapter, an
Indiana court, before hearing a child custody proceeding, shall
examine the court documents and other information supplied by
the parties under sections 10 through 13 of this chapter. If the
court determines that a child custody proceeding has been
commenced in a court in another state having jurisdiction
substantially in accordance with this article, the Indiana court
shall:
(1) stay its proceeding; and
(2) communicate with the court of the other state.
If the court of the state having jurisdiction substantially in
accordance with this article does not determine that the Indiana
court is a more appropriate forum, the Indiana court shall dismiss
the proceeding.
Sec. 7. In a proceeding to modify a child custody determination,
an Indiana court shall determine whether a proceeding to enforce
the determination has been commenced in another state. If a
proceeding to enforce a child custody determination has been
commenced in another state, the Indiana court may:
(1) stay the proceeding for modification pending the entry of
an order of a court of the other state enforcing, staying,
denying, or dismissing the proceeding for enforcement;
(2) enjoin the parties from continuing with the proceeding for
enforcement; or
(3) proceed with the modification under conditions the
Indiana court considers appropriate.
Sec. 8. (a) An Indiana court that has jurisdiction under this
article to make a child custody determination may decline to
exercise its jurisdiction at any time if the Indiana court determines
that:
(1) the Indiana court is an inconvenient forum under the
circumstances; and
(2) a court of another state is a more appropriate forum.
The issue of inconvenient forum may be raised on motion of a
party, the court's own motion, or request of another court.
(b) Before determining whether an Indiana court is an
inconvenient forum, the Indiana court shall consider whether it is
appropriate for a court of another state to exercise jurisdiction.
For this purpose, the Indiana court shall allow the parties to
submit information and shall consider the relevant factors,
including the following:
(1) Whether domestic violence has occurred and is likely to
continue in the future and which state is best able to protect
the parties and the child.
(2) The length of time the child has resided outside Indiana.
(3) The distance between the Indiana court and the court in
the state that would assume jurisdiction.
(4) The relative financial circumstances of the parties.
(5) An agreement of the parties as to which state should
assume jurisdiction.
(6) The nature and location of the evidence required to resolve
the pending litigation, including the child's testimony.
(7) The ability of the court of each state to decide the issue
expeditiously and the procedures necessary to present the
evidence.
(8) The familiarity of the court of each state with the facts and
issues in the pending litigation.
(c) If an Indiana court determines that it is an inconvenient
forum and that a court of another state is a more appropriate
forum, the Indiana court:
(1) shall stay the proceedings on condition that a child custody
proceeding be promptly commenced in another designated
state; and
(2) may impose any other condition the Indiana court
considers just and proper.
(d) An Indiana court may decline to exercise its jurisdiction
under this article if a child custody determination is incidental to
an action for dissolution of marriage or another proceeding while
still retaining jurisdiction over the dissolution of marriage or other
proceeding.
Sec. 9. (a) Except as otherwise provided in section 4 of this
chapter or by any other Indiana law, if an Indiana court has
jurisdiction under this article because a person seeking to invoke
its jurisdiction has engaged in unjustifiable conduct, the court shall
decline to exercise its jurisdiction unless:
(1) the child's parents and any person acting as a parent have
acquiesced in the exercise of jurisdiction;
(2) a court of the state otherwise having jurisdiction under
sections 1 through 3 of this chapter determines that Indiana
is a more appropriate forum under section 8 of this chapter;
or
(3) no court of any other state would have jurisdiction under
the criteria specified in sections 1 through 3 of this chapter.
(b) If an Indiana court declines to exercise its jurisdiction under
subsection (a), the Indiana court may fashion an appropriate
remedy to:
(1) ensure the safety of the child; and
(2) prevent a repetition of the unjustifiable conduct;
including staying the proceeding until a child custody proceeding
is commenced in a court having jurisdiction under sections 1
through 3 of this chapter.
(c) If a court dismisses a petition or stays a proceeding because
it declines to exercise its jurisdiction under subsection (a), the court
shall assess against the party seeking to invoke its jurisdiction
necessary and reasonable expenses including:
(1) costs;
(2) communication expenses;
(3) attorney's fees;
(4) investigative fees;
(5) expenses for witnesses;
(6) travel expenses; and
affirmative, the party shall give additional information under oath
as required by the court. The court may examine the parties under
oath as to details of the information furnished and other matters
pertinent to:
(1) the court's jurisdiction; and
(2) the disposition of the case.
Sec. 12. Each party has a continuing duty to inform the court of
a proceeding in Indiana or any other state that may affect the
current proceeding.
Sec. 13. If a party alleges in an affidavit or a pleading under
oath that the health, safety, or liberty of a party or child would be
jeopardized by disclosure of identifying information, the
information must be sealed and may not be disclosed to the other
party or the public unless the court orders the disclosure to be
made after a hearing in which the court:
(1) takes into consideration the health, safety, or liberty of the
party or child; and
(2) determines that the disclosure is in the interest of justice.
Sec. 14. (a) In a child custody proceeding in Indiana, the court
may order a party to the proceeding who is in Indiana to appear
before the court in person with or without the child. The court may
order any person who:
(1) is in Indiana; and
(2) has physical custody or control of the child;
to appear in person with the child.
(b) If a party to a child custody proceeding whose presence is
desired by the court is outside Indiana, the court may order that a
notice given under IC 31-21-3-3 include a statement:
(1) directing the party to appear in person with or without the
child; and
(2) informing the party that failure to appear may result in a
decision adverse to the party.
(c) The court may enter an order necessary to ensure the safety
of:
(1) the child; and
(2) any person ordered to appear under this section.
(d) If a party to a child custody proceeding who is outside
Indiana:
(1) is directed to appear under subsection (b); or
(2) desires to appear personally before the court with or
without the child;
the court may require another party to pay reasonable and
necessary travel and other expenses of the party who appears and
of the child.
Chapter 6. Enforcement
Sec. 1. Under this chapter, an Indiana court may enforce an
order for the return of the child made under the Hague Convention
on the Civil Aspects of International Child Abduction as if it were
a child custody determination.
Sec. 2. (a) An Indiana court shall recognize and enforce a child
custody determination of a court of another state if the court of
another state exercised jurisdiction in substantial conformity with
this article or the determination:
(1) was made under factual circumstances meeting the
jurisdictional standards of this article; and
(2) has not been modified in accordance with this article.
(b) An Indiana court may use a remedy available under any
other Indiana law to enforce a child custody determination made
by a court of another state. The remedies provided in this article:
(1) are cumulative; and
(2) do not affect the availability of other remedies to enforce
a child custody determination.
Sec. 3. (a) An Indiana court that does not have jurisdiction to
modify a child custody determination may issue a temporary order
enforcing:
(1) a visitation schedule made by a court of another state; or
(2) the visitation provisions of a child custody determination
of another state that does not provide for a specific visitation
schedule.
(b) If an Indiana court makes an order under subsection (a)(2),
the Indiana court shall specify in the order a period that it
considers adequate to allow the petitioner to obtain an order from
a court having jurisdiction under the criteria specified in
IC 31-21-5. The order remains in effect until:
(1) an order is obtained from the court having jurisdiction; or
(2) the period expires.
Sec. 4. (a) A child custody determination issued by a court of
another state may be registered in Indiana, with or without a
simultaneous request for enforcement, by sending the following to
the appropriate Indiana court:
(1) A letter or other document requesting registration.
(2) Two (2) copies, including one (1) certified copy, of the
determination sought to be registered and a statement under
penalty of perjury that to the best of the knowledge and belief
of the person seeking registration the order has not been
modified.
(3) Except as otherwise provided in section 13 of this chapter:
(A) the name and address of the person seeking
registration; and
(B) the name of a parent or person acting as a parent who
has been awarded custody or visitation in the child custody
determination sought to be registered.
(b) On receipt of the documents required by subsection (a), the
registering court shall:
(1) cause the determination to be filed as a foreign judgment,
together with one (1) copy of the accompanying documents
and information, regardless of their form; and
(2) serve notice on each person named under subsection (a)(3)
and provide the person with an opportunity to contest the
registration in accordance with this section.
(c) The notice required by subsection (b)(2) must state the
following:
(1) A registered determination is enforceable as of the date of
the registration in the same manner as a child custody
determination issued by an Indiana court.
(2) A hearing to contest the validity of the registered
determination must be requested not more than twenty (20)
days after service of notice.
(3) Failure to contest the registration shall:
(A) result in confirmation of the child custody
determination; and
(B) preclude further contest of that determination with
respect to a matter that may have otherwise been asserted.
Sec. 5. (a) A person seeking to contest the validity of a registered
order must request a hearing not more than twenty (20) days after
service of the notice. At the hearing, the court shall confirm the
registered order unless the person contesting the registration
establishes that:
(1) the issuing court did not have jurisdiction under
IC 31-21-5;
(2) the child custody determination sought to be registered has
been:
(A) vacated;
(B) stayed; or
(C) modified;
by a court having jurisdiction to do so under IC 31-21-5; or
decision must be enforced under this article and, if so,
identify:
(A) the court;
(B) the case number; and
(C) the nature of the proceeding.
(3) Whether a proceeding has been commenced that may
affect the current proceeding, including proceedings relating
to:
(A) domestic violence;
(B) protective orders;
(C) termination of parental rights; and
(D) adoptions;
and, if so, identify the court, the case number, and the nature
of the proceeding.
(4) The present physical address of the child and the
respondent, if known.
(5) Whether relief in addition to the immediate physical
custody of the child and attorney's fees is sought, including a
request for assistance from law enforcement officials and, if
so, the relief sought.
(6) If the child custody determination has been registered and
confirmed under sections 4 and 5 of this chapter, the date and
place of registration.
Sec. 9. (a) On the filing of a petition, the court:
(1) shall issue an order directing the respondent to appear in
person with or without the child at a hearing; and
(2) may enter an order necessary to ensure the safety of the
parties and the child.
The hearing must be held on the next judicial day after service of
the order unless holding the hearing on that date is impossible. In
that event, the court shall hold the hearing on the first judicial day
possible. The court may extend the date of hearing at the request
of the petitioner.
(b) An order issued under subsection (a) must state the time and
place of the hearing and advise the respondent that at the hearing
the court will order that the petitioner may take immediate
physical custody of the child and the payment of fees, costs, and
expenses under section 15 of this chapter and may schedule a
hearing to determine whether further relief is appropriate unless
the respondent appears and establishes that:
(1) the child custody determination has not been registered
and confirmed under sections 4 and 5 of this chapter and that:
determine whether additional relief is appropriate.
(b) If a party called to testify refuses to answer on the ground
that the testimony may be self-incriminating, the court may draw
an adverse inference from the refusal.
(c) A privilege against disclosure of communications between
spouses and a defense of immunity based on the relationship of
husband and wife or parent and child may not be invoked in a
proceeding under this chapter.
Sec. 13. (a) On the filing of a petition seeking enforcement of a
child custody determination, the petitioner may file a verified
application for the issuance of a warrant to take physical custody
of the child if the child is immediately likely to:
(1) suffer serious physical harm; or
(2) be removed from Indiana.
(b) If the court, on the testimony of the petitioner or other
witness, finds that the child is imminently likely to suffer serious
physical harm or be removed from Indiana, the court may issue a
warrant to take physical custody of the child. The petition must be
heard on the next judicial day after the warrant is executed unless
hearing the petition on that date is impossible. In that event, the
court shall hold the hearing on the first judicial day possible. The
application for the warrant must include the statements required
by section 8(b) of this chapter.
Sec. 14. (a) A warrant to take physical custody of a child must:
(1) recite the facts on which a conclusion of imminent serious
physical harm or removal from the jurisdiction is based;
(2) direct law enforcement officers to take physical custody of
the child immediately; and
(3) provide for the placement of the child pending final relief.
(b) The respondent must be served with the petition, warrant,
and order immediately after the child is taken into physical
custody.
(c) A warrant to take physical custody of a child is enforceable
throughout Indiana. If the court finds on the basis of the testimony
of the petitioner or other witness that a less intrusive remedy is not
effective, the court may authorize law enforcement officers to enter
private property to take physical custody of the child. If required
by exigent circumstances of the case, the court may authorize law
enforcement officers to make a forcible entry at any hour.
(d) The court may impose conditions on the placement of a child
to ensure the appearance of the child and the child's custodian.
Sec. 15. (a) The court shall award the prevailing party, including
a state, necessary and reasonable expenses incurred by or on behalf
of the party, including:
(1) costs;
(2) communication expenses;
(3) attorney's fees;
(4) investigative fees;
(5) expenses for witnesses;
(6) travel expenses; and
(7) child care during the course of the proceedings;
unless the party from whom fees or expenses are sought establishes
that the award would be clearly inappropriate.
(b) The court may not assess fees, costs, or expenses against a
state unless authorized by law other than this article.
Sec. 16. An Indiana court shall accord full faith and credit to an
order issued by another state and consistent with this article that
enforces a child custody determination by a court of another state
unless the order has been vacated, stayed, or modified by a court
having jurisdiction under IC 31-21-5.
Sec. 17. An appeal may be taken from a final order in a
proceeding under this article in accordance with expedited
appellate procedures in other civil cases. Unless the court enters a
temporary emergency order under IC 31-21-5-4, the enforcing
court may not stay an order enforcing a child custody
determination pending appeal.
Sec. 18. (a) In a case arising under this article or involving the
Hague Convention on the Civil Aspects of International Child
Abduction, a prosecuting attorney or other appropriate public
official may take a lawful action, including resorting to a
proceeding under this article or any other available civil
proceeding, to locate a child, obtain the return of a child, or
enforce a child custody determination if there is:
(1) an existing child custody determination;
(2) a request to do so from a court in a pending child custody
proceeding;
(3) a reasonable belief that a criminal statute has been
violated; or
(4) a reasonable belief that the child has been wrongfully
removed or retained in violation of the Hague Convention on
the Civil Aspects of International Child Abduction.
(b) A prosecuting attorney or other appropriate public official
acting under this section acts on behalf of the court and may not
represent a party.
contact order, or a workplace violence restraining order; and
(F) any other uniform statewide forms necessary to maintain
an accurate registry of orders; and
(2) provide the forms under subdivision (1) to the clerk of each
court authorized to issue the orders.
(b) In addition to any other required information, a petition for an
order for protection must contain a statement listing each civil or
criminal action involving:
(1) either party; or
(2) a child of either party.
(c) The following statements must be printed in boldface type or in
capital letters on an order for protection, a no contact order, or a
workplace violence restraining order:
VIOLATION OF THIS ORDER IS PUNISHABLE BY
CONFINEMENT IN JAIL, PRISON, AND/OR A FINE.
IF SO ORDERED BY THE COURT, THE RESPONDENT IS
FORBIDDEN TO ENTER OR STAY AT THE PETITIONER'S
RESIDENCE, EVEN IF INVITED TO DO SO BY THE
PETITIONER OR ANY OTHER PERSON. IN NO EVENT IS
THE ORDER FOR PROTECTION VOIDED.
PURSUANT TO 18 U.S.C. 2265, THIS ORDER FOR
PROTECTION SHALL BE GIVEN FULL FAITH AND CREDIT
IN ANY OTHER STATE OR TRIBAL LAND AND SHALL BE
ENFORCED AS IF IT WERE AN ORDER ISSUED IN THAT
STATE OR TRIBAL LAND. PURSUANT TO 18 U.S.C. 922(g),
ONCE A RESPONDENT HAS RECEIVED NOTICE OF THIS
ORDER AND AN OPPORTUNITY TO BE HEARD, IT IS A
FEDERAL VIOLATION TO PURCHASE, RECEIVE, OR
POSSESS A FIREARM WHILE SUBJECT TO THIS ORDER IF
THE PROTECTED PERSON IS:
(A) THE RESPONDENT'S CURRENT OR FORMER
SPOUSE;
(B) A CURRENT OR FORMER PERSON WITH WHOM
THE RESPONDENT RESIDED WHILE IN AN INTIMATE
RELATIONSHIP; OR
(C) A PERSON WITH WHOM THE RESPONDENT HAS A
CHILD.
INTERSTATE VIOLATION OF THIS ORDER MAY SUBJECT
THE RESPONDENT TO FEDERAL CRIMINAL PENALTIES
UNDER 18 U.S.C. 2261 AND 18 U.S.C. 2262.
(d) The clerk of the circuit court, or a person or entity designated by
the clerk of the circuit court, shall provide to a person requesting an
order for protection:
(1) the forms adopted under subsection (a);
(2) all other forms required to petition for an order for protection,
including forms:
(A) necessary for service; and
(B) required under IC 31-21 (or IC 31-17-3 before its
repeal); and
(3) clerical assistance in reading or completing the forms and
filing the petition.
Clerical assistance provided by the clerk or court personnel under this
section does not constitute the practice of law. The clerk of the circuit
court may enter into a contract with a person or another entity to
provide this assistance. A person, other than a person or other entity
with whom the clerk has entered into a contract to provide assistance,
who in good faith performs the duties the person is required to perform
under this subsection is not liable for civil damages that might
otherwise be imposed on the person as a result of the performance of
those duties unless the person commits an act or omission that amounts
to gross negligence or willful and wanton misconduct.
(e) A petition for an order for protection must be:
(1) verified or under oath under Trial Rule 11; and
(2) issued on the forms adopted under subsection (a).
(f) If an order for protection is issued under this chapter, the clerk
shall comply with IC 5-2-9.
SECTION 28. THE FOLLOWING ARE REPEALED [EFFECTIVE
JULY 1, 2006]: IC 31-9-2-23; IC 31-9-2-32; IC 31-9-2-33;
IC 31-9-2-34; IC 31-9-2-35; IC 31-9-2-59; IC 31-9-2-81; IC 31-17-3.