Section 31-34-1-16 - Termination of parental rights or transfer of custody may not be required; voluntary placement agreements(a) The department may not:(1) initiate a court proceeding to: (A) terminate the parental rights concerning; or(B) transfer legal custody of; or(2) require a parent, guardian, or custodian to consent to: (A) the termination of parental rights; or(B) transfer of legal custody of; a child with an emotional, a behavioral, or a mental disorder or a developmental or physical disability who is voluntarily placed out of the home for the purpose of obtaining special treatment or care, solely because the parent, guardian, or custodian is unable to provide the treatment or care. Relinquishment of custody of a child described in this subsection may not be made a condition for receipt of services or care delivered or funded by the department or the local office.
(b) When a child described in subsection (a) is voluntarily placed out of the home to receive special treatment or care, the department and the parent, guardian, or custodian of the child may execute a voluntary placement agreement that includes the following: (1) A statement that, by entering into a voluntary placement agreement, the parent, guardian, or custodian of the child is not transferring legal custody of the child to the department.(2) A statement specifying the legal status of the child.(3) A statement specifying the rights and obligations of the parent, guardian, or custodian.Amended by P.L. 128-2012, SEC. 157, eff. 7/1/2012.As added by P.L. 282-2001, SEC.3. Amended by P.L. 145-2006, SEC.289.