SB 201

                                                         Introduced Version
           SENATE BILL No. 201
                 _____
              DIGEST OF INTRODUCED BILL
Citations Affected: IC 31-9-2-42; IC 31-34-5-3; IC 33-24-6-16;
IC 35-31.5-2-76.
Synopsis: Protecting children from family violence. Amends the
definition of "domestic or family violence" to include additional acts
or behaviors that are not necessarily physical. Prohibits a court from
returning certain children to the child's parent, guardian, or custodian
unless appropriate safety conditions are ordered. Requires the office of
judicial administration to develop a training program, which must
include certain topics relating to domestic or family violence. Makes
technical and conforming changes.
Effective: July 1, 2026.
                              Tomes
January 8, 2026, read first time and referred to Committee on Family and Children
Services.
2026  IN 201—LS 6853/DI 148
                                                                                       Introduced
            Second Regular Session of the 124th General Assembly (2026)
 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
 Constitution) is being amended, the text of the existing provision will appear in this style type,
 additions will appear in this style type, and deletions will appear in this style type.
   Additions: Whenever a new statutory provision is being enacted (or a new constitutional
 provision adopted), the text of the new provision will appear in this style type. Also, the
 word NEW will appear in that style type in the introductory clause of each SECTION that adds
 a new provision to the Indiana Code or the Indiana Constitution.
  Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
 between statutes enacted by the 2025 Regular Session of the General Assembly.
                   SENATE BILL No. 201
    A BILL FOR AN ACT to amend the Indiana Code concerning
 family law and juvenile law.
     Be it enacted by the General Assembly of the State of Indiana:
1    SECTION 1. IC 31-9-2-42, AS AMENDED BY P.L.141-2019,
2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2026]: Sec. 42. (a) "Domestic or family violence" means,
4 except for an act of self-defense, the occurrence of one (1) or more of
5 the following acts committed by a family or household member:
6(1) Attempting to cause, threatening to cause, or causing physical
7harm to another family or household member without legal
8justification.
9(2) Placing a family or household member in fear of physical
10harm without legal justification.
11(3) Causing a family or household member to involuntarily
12engage in sexual activity by force, threat of force, or duress.
13(4) Abusing (as described in IC 35-46-3-0.5), torturing (as
14described in IC 35-46-3-0.5), mutilating (as described in
15IC 35-46-3-0.5), or killing a vertebrate animal without
16justification with the intent to threaten, intimidate, coerce, harass,
17or terrorize a family or household member.
 2026  IN 201—LS 6853/DI 148
                                      2
1 For purposes of IC 22-4-15-1 and IC 34-26-5, domestic or family
2 violence also includes stalking (as defined in IC 35-45-10-1) or a sex
3 offense under IC 35-42-4, whether or not the stalking or sex offense is
4 committed by a family or household member.
5    (b) The term includes the following:
6(1) Verbal, emotional, economic, litigious, or psychological
7abuse.
8(2) Isolation.
9(3) Threats, including threats to seek child custody or joint
10custody as a means to coerce an individual to return or punish
11an individual for leaving.
12(4) Controlling behavior.
13(5) Monitoring.
14(6) Stalking (as defined in IC 35-45-10-1).
15(7) A sex offense (as defined in IC 11-8-8-5.2).
16    SECTION 2. IC 31-34-5-3, AS AMENDED BY P.L.179-2025,
17 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18 JULY 1, 2026]: Sec. 3. (a) Subject to subsection (d), the juvenile
19 court shall release the child to the child's parent, guardian, or custodian.
20 However, the court may order the child detained if the court makes
21 written findings of fact upon the record of probable cause to believe
22 that the child is a child in need of services and that any of the following
23 factors applies:
24(1) Detention is necessary to protect the child.
25(2) The child is unlikely to appear before the juvenile court for
26subsequent proceedings.
27(3) The child has a reasonable basis for requesting that the child
28not be released.
29(4) The parent, guardian, or custodian:
30(A) cannot be located; or
31(B) is unable or unwilling to take custody of the child.
32(5) Consideration for the safety of the child precludes the use of
33family services to prevent removal of the child. In considering this
34factor, the court shall:
35(A) give great weight to evidence:
36(i) of the presence in the child's residence of; or
37(ii) that the child has been exposed to;
38a fentanyl containing substance or fentanyl related substance
39for which the child's parent, guardian, or custodian does not
40have a valid prescription; and
41(B) evaluate whether the evidence described in clause (A)(i)
42or (A)(ii) necessitates removal in consideration of the
 2026  IN 201—LS 6853/DI 148
                                     3
1following factors:
2(i) The age of the child.
3(ii) Whether the child is particularly vulnerable to the
4harmful effects of the fentanyl containing substance or
5fentanyl related substance due to the child's medical or
6developmental condition.
7(iii) The risk of the child accidentally ingesting the fentanyl
8containing substance or fentanyl related substance.
9    (b) The juvenile court shall include in any order approving or
10 requiring detention of a child all findings and conclusions required
11 under:
12(1) applicable provisions of Title IV-E of the federal Social
13Security Act (42 U.S.C. 670 et seq.); or
14(2) any applicable federal regulation, including 45 CFR 1356.21;
15 as a condition of eligibility of a child in need of services for assistance
16 under Title IV-E or any other federal law.
17    (c) Inclusion in a juvenile court order of language approved and
18 recommended by the judicial conference of Indiana, in relation to:
19(1) removal from the child's home; or
20(2) detention;
21 of a child who is alleged to be, or adjudicated as, a child in need of
22 services constitutes compliance with subsection (b).
23    (d) Unless the juvenile court orders appropriate conditions
24 under section 3.5 of this chapter to ensure the child's safety after
25 being released, the juvenile court may not release a child who is
26 alleged to be, or adjudicated as, a child in need of services under:
27(1) IC 31-34-1-1;
28(2) IC 31-34-1-2;
29(3) IC 31-34-1-3;
30(4) IC 31-34-1-3.5;
31(5) IC 31-34-1-4; or
32(6) IC 31-34-1-5;
33 to the child's parent, guardian, or custodian.
34    SECTION 3. IC 33-24-6-16 IS ADDED TO THE INDIANA CODE
35 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
36 1, 2026]: Sec. 16. (a) The office shall develop and implement an
37 ongoing education and training program for the following persons:
38(1) A judge.
39(2) A magistrate.
40(3) Any other court personnel, including:
41(A) a guardian ad litem;
42(B) a court appointed special advocate; and
 2026  IN 201—LS 6853/DI 148
                                  4
1(C) a master or mediator.
2     (b) A program developed under subsection (a) must satisfy all
3 of the following:
4(1) Relate to child abuse and domestic or family violence,
5including:
6(A) sexual abuse;
7(B) physical abuse;
8(C) emotional abuse;
9(D) implicit and explicit bias; and
10(E) trauma and neglect and the impact of child abuse and
11domestic violence on children.
12(2) Identify the latest best practices for evidence based and
13peer reviewed research by recognized experts in the types of
14abuse designated under subdivision (1).
15(3) Be designed to improve the ability of the court:
16(A) to recognize and respond to the impact of child abuse,
17domestic or family violence, and trauma on all victims,
18specifically children; and
19(B) to make appropriate custody decisions that are in the
20best interest of the child.
21     SECTION 4. IC 35-31.5-2-76, AS AMENDED BY P.L.65-2016,
22 SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
23 JULY 1, 2026]: Sec. 76. "Crime involving domestic or family violence"
24 means a crime that occurs when a family or household member
25 commits, attempts to commit, or conspires to commit any of the
26 following against another family or household member:
27(1) A homicide offense under IC 35-42-1.
28(2) A battery offense under IC 35-42-2.
29(3) Kidnapping or confinement under IC 35-42-3.
30(4) Human and sexual trafficking crimes under IC 35-42-3.5.
31(5) A sex offense under IC 35-42-4. (as defined in
32IC 11-8-8-5.2).
33(6) Robbery under IC 35-42-5.
34(7) Arson or mischief under IC 35-43-1.
35(8) Burglary or trespass under IC 35-43-2.
36(9) Disorderly conduct under IC 35-45-1.
37(10) Intimidation or harassment under IC 35-45-2.
38(11) Voyeurism under IC 35-45-4.
39(12) Stalking under IC 35-45-10.
40(13) An offense against family under IC 35-46-1-2 through
41IC 35-46-1-8, IC 35-46-1-12, IC 35-46-1-15.1, or
42IC 35-46-1-15.3.
 2026  IN 201—LS 6853/DI 148
                                   5
1(14) A crime involving animal cruelty and a family or household
2member under IC 35-46-3-12(b)(2) or IC 35-46-3-12.5.
2026  IN 201—LS 6853/DI 148