1. (a) Except as provided in section 3 of this chapter, before changing a child's out-of-home placement, the department or any other party seeking a change in placement shall file a motion requesting a change in placement if the child:

   1. (1) has been in the same out-of-home placement for at least twelve (12) months, consecutively or nonconsecutively; and

   2. (2) is in:

      1. (A) a foster family home; or
      2. (B) the care of a relative.

2. (b) The person with whom the child is placed may:

   1. (1) indicate in writing that the person:

      1. (A) does not intend to contest the change of placement under subsection (a); and
      2. (B) waives the right to request a hearing under subsection (f); and

   2. (2) provide the writing to:

      1. (A) the department; or
      2. (B) the court.
3. (c) Except as provided in subsection (i), if any party files the motion described in subsection (a), the party shall give notice to all persons affected. The party's notice must state that the person affected may file a written objection not later than fifteen (15) days after service of the notice.
4. (d) If a writing described in subsection (b)(1) is provided to the department before the department files the motion described in subsection (a), the department may file the writing with the motion requesting a change in placement.
5. (e) If the motion filed by a party alleges substantiated exigent circumstances (as defined in IC 31-9-2-44.1 ) or the court receives the writing described in subsection (b), the court may rule on the party's motion without delay.
6. (f) If the person affected files a timely objection to the party's motion requesting a change in out-of-home placement, the juvenile court shall hold a hearing on the question.

7. (g) Except as provided in subsection (e), if:

   1. (1) a child is the subject of an adoption petition filed under IC 31-19-2 ;
   2. (2) the adoption petitioner is the current placement for the child; and

   3. (3) the adoption petitioner has been the child's placement for at least twelve (12) months, consecutively or nonconsecutively;

      the court shall not change the child's placement until the adoption petition under IC 31-19-2 has been ruled on.

8. (h) The party must show that the change in out-of-home placement is in the best interests of the child.

9. (i) If the party seeking a change of placement is a:

   1. (1) parent (as defined in IC 31-9-2-88 (a));
   2. (2) guardian ad litem (as defined in IC 31-9-2-50 ); or

   3. (3) court appointed special advocate;

      the party must provide notice under subsection (c) to the department. The department shall provide notice of the motion requesting a change of placement to the child's out-of-home placement. The department's notice must state that the person affected may file a written objection not later than fifteen (15) days after service of the department's notice.

As added by P.L.172-2022, SEC.12. Amended by P.L.105-2022, SEC.46; P.L.116-2026, SEC.12.