On February 9, 2026, the House Judiciary Committee heard SB 171 on family and children matters sponsored by Rep. McGuire and authored by Sen. Johnson and Sen. Walker. The bill:
- Provides that a court may grant postadoption contact privileges if the child is at least 12 months of age. (Current law requires the child to be at least two years of age.)
- Requires the department of child services (department) to consider certain factors when evaluating an out-of-home placement for a child in a child in need of services (CHINS) case.
- Provides that a placement with whom a child has resided with for at least 12 months, consecutively or nonconsecutively, is presumed to be an individual who has a significant relationship with the child.
- Requires a court to write a formal order in certain circumstances and include specific information in the order.
- Requires any party seeking a change in placement for certain children to file a motion with the court, provide notice to all persons affected, and inform all persons affected of the right to file a written objection within 15 days. (Current law only allows the department to file the motion for a change of placement.)
- Allows a court to rule on a party’s motion for the change in placement without delay if exigent circumstances are alleged in the party’s motion.
- Provides that, if a motion for temporary custody of a child has been filed by a petitioner for adoption, a court shall not change the child’s placement until the motion for temporary custody has been ruled on.
- Allows for a petitioner for adoption to file a petition for temporary custody of a child sought to be adopted, and allows a court to grant the petition for temporary custody if the court makes certain findings.
- Provides that if the court declines to enter an ex-parte order granting the petitioner temporary custody, the court shall set the matter for a hearing not more than 15 days after the petitioner files the petition for temporary custody
Strength Over Struggle, Inc., Champions for Children Indiana, attorneys, and private citizens testified in support of the bill. Judge Stephanie Campbell of Fountain Circuit Court on behalf of the Indiana Council of Juvenile and Family Court Judges and Indiana Judges Association, Indiana Public Defender Council, and an attorney testified in opposition. The Committee chair held the bill.
On February 16, 2026, the Committee heard the bill for amend and vote. The Committee amended the bill by consent to:
- Require the department to provide notice of an adoption petition to the court in which a CHINS proceeding is open or pending.
- Provide that the consent to adoption may be executed or acknowledged at any time after the birth of the child in the presence of an attorney, in person, or by video conferencing.
- Provide certain exceptions to confidentiality requirements.
- Provide that the objectives of the dispositional decree are not considered met solely because a court is prohibited from changing a child’s placement under IC 31-34-23-6(g) and prohibits the court from considering certain information when deciding whether the objectives of the dispositional decree are met.
- Provide that, with certain exceptions, if a child is the subject of an adoption petition, the adoption petitioner is the child’s current placement, and the adoption petitioner has been the child’s placement for at least 12 months, the court shall not change the child’s placement until the adoption petition has been ruled on.
- Provide that if the party seeking a change of placement is a parent, guardian ad litem, or a court appointed special advocate, the party must provide notice to the department of child services, and the department shall then provide notice of the motion to the child’s out-of-home placement.
- Remove provisions concerning temporary custody orders.
The amended bill passed 12-0.
Read the bill at: https://iga.in.gov/legislative/2026/bills/senate/171