INDIANA.   Indiana Code.

 

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IC 12-15-5-1
Services and supplies provided; exceptions
Sec. 1. Except as provided in IC 12-15-2-12, IC 12-15-6, and IC 12-15-21, the following services and supplies are provided under Medicaid:
        (1) Inpatient hospital services.
        (2) Nursing facility services.
        (3) Physician's services, including services provided under IC 25-10-1 and IC 25-22.5-1.
        (4) Outpatient hospital or clinic services.
        (5) Home health care services.
        (6) Private duty nursing services.
        (7) Physical therapy and related services.
        (8) Dental services.
        (9) Prescribed laboratory and x-ray services.
        (10) Prescribed drugs and services.
        (11) Eyeglasses and prosthetic devices.
        (12) Optometric services.
        (13) Diagnostic, screening, preventive, and rehabilitative services.
        (14) Podiatric medicine services.
        (15) Hospice services.
        (16) Services or supplies recognized under Indiana law and specified under rules adopted by the office.
        (17) Family planning services except the performance of abortions. [This provision has been held to be unconstitutional and unenforceable to the extent that it denies assistance for abortion to pregnant women at serious risk of substantial and irreversible impairment of a major bodily function. ]
        (18) Nonmedical nursing care given in accordance with the tenets and practices of a recognized church or religious denomination to an individual qualified for Medicaid who depends upon healing by prayer and spiritual means alone in accordance with the tenets and practices of the individual's church or religious denomination.
        (19) Services provided to individuals described in IC 12-15-2-8 and IC 12-15-2-9.
        (20) Services provided under IC 12-15-34 and IC 12-15-32.
        (21) Case management services provided to individuals described in IC 12-15-2-11 and IC 12-15-2-13.
        (22) Any other type of remedial care recognized under Indiana law and specified by the United States Secretary of Health and Human Services.
        (23) Examinations required under IC 16-41-17-2(a)(10).

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IC 16-18-2

Chapter 2. Definitions

 

IC 16-18-2-1

Abortion

Sec. 1. "Abortion" means the termination of human pregnancy with an intention other than to produce a live birth or to remove a dead fetus.

 

IC 16-18-2-1.5

Abortion Clinic

Sec. 1.5. (a) "Abortion clinic", for purposes of IC 16-21-2, means a freestanding entity that performs surgical abortion procedures.
    (b) The term does not include the following:
        (1) A hospital that is licensed as a hospital under IC 16-21-2.
        (2) An ambulatory outpatient surgical center that is licensed as an ambulatory outpatient surgical center under IC 16-21-2.
        (3) A physician's office as long as the surgical procedures performed at the physician's office are not primarily surgical abortion procedures.

 

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IC 16-18-2-69
Consent
 Sec. 69. "Consent", for purposes of IC 16-34, means a written agreement to submit to an abortion:
        (1) after the consenting party has had a full explanation of the abortion procedure to be performed, including disclosures and information required by IC 16-34-2-1.1; and
        (2) as evidenced by the signature of the consenting party on a consent form prescribed by the state department of health.

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IC 16-18-2-267.5
Partial birth abortion
Sec. 267.5. "Partial birth abortion" means an abortion in which the person performing the abortion partially vaginally delivers a living fetus before killing the fetus and completing the delivery.

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IC 16-19-13

Chapter 13. Office of Women's Health

 

IC 16-19-13-1

"Office" defined

Sec. 1. As used in this chapter, "office" refers to the office of

women's health established by this chapter.

 

IC 16-19-13-2

Establishment

Sec. 2. The office of women's health is established within the state

department.

 

IC 16-19-13-3

Purposes

Sec. 3. The office is established for the following purposes:

(1) To educate and advocate for women's health by requesting

that the state department, either on its own or in partnership

with other entities, establish appropriate forums, programs, or

initiatives designed to educate the public regarding women's

health, with an emphasis on preventive health and healthy

lifestyles.

(2) To assist the state health commissioner in identifying,

coordinating, and establishing priorities for programs, services,

and resources the state should provide for women's health issues

and concerns relating to the reproductive, menopausal, and

postmenopausal phases of a woman's life, with an emphasis on

postmenopausal health.

(3) To serve as a clearinghouse and resource for information

regarding women's health data, strategies, services, and

programs that address women's health issues, including the

following:

(A) Diseases that significantly impact women, including

heart disease, cancer, and osteoporosis.

(B) Menopause.

(C) Mental health.

(D) Substance abuse.

(E) Sexually transmitted diseases.

(F) Sexual assault and domestic violence.

(4) To collect, classify, and analyze relevant research

information and data conducted or compiled by:

(A) the state department; or

(B) other entities in collaboration with the state department;

and to provide interested persons with information regarding

the research results, except as prohibited by law.

(5) To develop and recommend funding and program activities

for educating the public on women's health initiatives, including

the following:

(A) Health needs throughout a woman's life.

(B) Diseases that significantly affect women, including heart

disease, cancer, and osteoporosis.

(C) Access to health care for women.

(D) Poverty and women's health.

(E) The leading causes of morbidity and mortality for

women.

(F) Special health concerns of minority women.

(6) To make recommendations to the state health commissioner

regarding programs that address women's health issues for

inclusion in the state department's biennial budget and strategic

planning.

(7) To seek funding from private or governmental entities to

carry out the purposes of this chapter.

(8) To prepare materials for publication and dissemination to

the public on women's health.

(9) To conduct public educational forums in Indiana to raise

public awareness and to educate citizens about women's health

programs, issues, and services.

(10) To coordinate the activities and programs of the office with

other entities that focus on women's health or women's issues,

including the Indiana commission for women (IC 4-23-25-3).

(11) To represent the state health commissioner, upon request,

before the general assembly and the Indiana commission for

women established by IC 4-23-25-3.

(12) To provide an annual report to the governor, the legislative

council, and the Indiana commission for women regarding the

successes of the programs of the office, priorities and services

needed for women's health in Indiana, and areas for

improvement. A report provided under this subdivision to the

legislative council must be in an electronic format under

IC 5-14-6.

This section does not allow the director or any employees of the

office to advocate, promote, refer to, or otherwise advance abortion

or abortifacients.

 

IC 16-19-13-4

Staff appointments

Sec. 4. (a) The state health commissioner shall appoint persons to

staff the office, including:

(1) the director of the office; and

(2) any other employees that the state health commissioner

determines are necessary.

(b) The employees appointed under subsection (a)(2) shall report

to the director. The director shall report to the state health

commissioner.

(c) The director shall supervise the employees assigned to the

office.

(d) The director shall oversee the administrative functions of the

office.

 

IC 16-19-13-5

Advisory committee

Sec. 5. (a) The state health commissioner shall appoint an

advisory committee on women's health to assist in advising the

director regarding the duties required under this chapter.

(b) The advisory committee is comprised of persons with an

expertise in and a knowledge of women's health issues in Indiana.

(c) The state health commissioner shall:

(1) determine the number of persons to serve on the advisory

committee;

(2) appoint a chairperson or co-chairpersons for the advisory

committee; and

(3) establish the policies and procedures under which the

advisory committee operates.

 

IC 16-19-13-6

Sexual assault victims assistance fund

Sec. 6. (a) As used in this section, "rape crisis center" means an

organization that provides a full continuum of services, including

hotlines, victim advocacy, and supportive services, from the onset of

need for services through the completion of healing, to victims of

sexual assault.

(b) The sexual assault victims assistance fund is established. The

office shall administer the fund to provide financial assistance to

rape crisis centers. Money in the fund must be distributed to a

statewide nonprofit corporation whose primary purpose is pursuing

the eradication of sexual violence in Indiana. The nonprofit

corporation shall allocate money in the fund among the rape crisis

centers. The fund consists of:

(1) amounts transferred to the fund from sexual assault victims

assistance fees collected under IC 33-37-5-23.

(2) any appropriations to the fund from other sources;

(3) grants, gifts, and donations intended for deposit in the fund;

and

(4) interest that accrues from money in the fund.

(c) The expenses of administering the fund shall be paid from

money in the fund. The office shall designate not more than ten

percent (10%) of the appropriation made each year to the nonprofit

corporation for program administration.

(d) The treasurer of state shall invest the money in the fund not

currently needed to meet the obligations of the fund in the same

manner as other public money may be invested.

(e) Money in the fund at the end of a state fiscal year does not

revert to the state general fund.

 

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IC 16-21-2-2.5

Sec. 2.5. (a) The state department shall adopt rules under IC 4-22-2 to do the following concerning birthing centers and abortion clinics:
        (1) Establish minimum license qualifications.
        (2) Establish the following requirements:
            (A) Sanitation standards.
            (B) Staff qualifications.
            (C) Necessary emergency equipment.
            (D) Procedures to provide emergency care.
            (E) Quality assurance standards.
            (F) Infection control.
        (3) Prescribe the operating policies, supervision, and maintenance of medical records.
        (4) Establish procedures for the issuance, renewal, denial, and revocation of licenses under this chapter. The rules adopted under this subsection must address the following:
            (A) The form and content of the license.
            (B) The collection of an annual license fee.
        (5) Prescribe the procedures and standards for inspections.
    (b) A person who knowingly or intentionally:
        (1) operates a birthing center or an abortion clinic that is not licensed under this chapter; or
        (2) advertises the operation of a birthing center or an abortion clinic that is not licensed under this chapter;
commits a Class A misdemeanor.

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IC 16-34

ARTICLE 34. ABORTION

 

IC 16-34-1

Chapter 1. Public Policy Concerning Performance of Abortions;

Use of Public Funds; Civil Actions

 

IC 16-34-1-1

Childbirth preferred

Sec. 1. Childbirth is preferred, encouraged, and supported over

abortion.

 

IC 16-34-1-2

Public funds; payment restricted

Sec. 2. Neither the state nor any political subdivision of the state

may make a payment from any fund under its control for the

performance of an abortion unless the abortion is necessary to

preserve the life of the pregnant woman. [This provision has been held to be unconstitutional and unenforceable to the extent that it denies assistance for abortion to pregnant women at serious risk of substantial and irreversible impairment of a major bodily function.]

 

IC 16-34-1-3

Private or denominational hospitals; mandatory abortion services

Sec. 3. No private or denominational hospital shall be required to

permit its facilities to be utilized for the performance of abortions.

 

IC 16-34-1-4

Physician or employee; mandatory participation in abortion

Sec. 4. No:

(1) physician; or

(2) employee or member of the staff of a hospital or other

facility in which an abortion may be performed;

shall be required to perform an abortion or to assist or participate in

the medical procedures resulting in or intended to result in an

abortion, if that individual objects to such procedures on ethical,

moral, or religious grounds.

 

IC 16-34-1-5

Participation as condition of training, promotion, or privileges;

prohibition

Sec. 5. No person shall be required, as a condition of training,

employment, pay, promotion, or privileges, to agree to perform or

participate in the performing of abortions.

 

IC 16-34-1-6

Discrimination based upon moral beliefs; prohibition

Sec. 6. No hospital or other person shall discriminate against or

discipline a person because of the person's moral beliefs concerning

abortion.

 

IC 16-34-1-7

Civil actions

Sec. 7. A civil action for damages or reinstatement of

employment, or both, may be brought for any violation of sections 4

through 6 of this chapter.

 

IC 16-34-2

Chapter 2. Requirements for Performance of Abortion; Criminal

Penalties

 

IC 16-34-2-1

Required circumstances of legal abortion

Sec. 1. (a) Abortion shall in all instances be a criminal act, except

when performed under the following circumstances:

(1) During the first trimester of pregnancy for reasons based

upon the professional, medical judgment of the pregnant

woman's physician if:

(A) the abortion is performed by the physician;

(B) the woman submitting to the abortion has filed her

consent with her physician. However, if in the judgment of

the physician the abortion is necessary to preserve the life of

the woman, her consent is not required; and

(C) the woman submitting to the abortion has filed with her

physician the written consent of her parent or legal guardian

if required under section 4 of this chapter.

(2) After the first trimester of pregnancy and before viability,

for reasons based upon the professional, medical judgment of

the pregnant woman's physician if:

(A) all the circumstances and provisions required for legal

abortion during the first trimester are present and adhered to;

and

(B) the abortion is performed in a hospital or ambulatory

outpatient surgical center (as defined in IC 16-18-2-14).

(3) Except as provided in subsection (b), after viability of the

fetus for reasons based upon the professional, medical judgment

of the pregnant woman's physician if:

(A) all the circumstances and provisions required for legal

abortion before viability are present and adhered to;

(B) the abortion is performed in compliance with section 3

of this chapter; and

(C) before the abortion the attending physician shall certify

in writing to the hospital in which the abortion is to be

performed, that in the attending physician's professional,

medical judgment, after proper examination and review of

the woman's history, the abortion is necessary to prevent a

substantial permanent impairment of the life or physical

health of the pregnant woman. All facts and reasons

supporting the certification shall be set forth by the

physician in writing and attached to the certificate.

(b) A person may not knowingly or intentionally perform a partial

birth abortion unless a physician reasonably believes that:

(1) performing the partial birth abortion is necessary to save the

mother's life; and

(2) no other medical procedure is sufficient to save the mother's

life.  [These provisions, (b)(1) and (b)(2), are unconstitutional and unenforceable]

 

IC 16-34-2-1.1

Voluntary and informed consent required

(a) An abortion shall not be performed except with the voluntary and informed consent of the pregnant woman upon whom the abortion is to be performed. Except in the case of a medical emergency, consent to an abortion is voluntary and informed only if the following conditions are met:
        (1) At least eighteen (18) hours before the abortion and in the presence of the pregnant woman, the physician who is to perform the abortion, the referring physician or a physician assistant (as defined in IC 25-27.5-2-10), an advanced practice nurse (as defined in IC 25-23-1-1(b)), or a midwife (as defined in IC 34-18-2-19) to whom the responsibility has been delegated by the physician who is to perform the abortion or the referring physician has orally informed the pregnant woman of the following:
            (A) The name of the physician performing the abortion.
            (B) The nature of the proposed procedure or treatment.
            (C) The risks of and alternatives to the procedure or treatment.
            (D) The probable gestational age of the fetus, including an offer to provide:
                (i) a picture or drawing of a fetus;
                (ii) the dimensions of a fetus; and
                (iii) relevant information on the potential survival of an

unborn fetus;
            at this stage of development.
            (E) The medical risks associated with carrying the fetus to term.
             (F) The availability of fetal ultrasound imaging and auscultation of fetal heart tone services to enable the pregnant woman to view the image and hear the heartbeat of the fetus and how to obtain access to these services.
        (2) At least eighteen (18) hours before the abortion, the pregnant woman will be orally informed of the following:
            (A) That medical assistance benefits may be available for prenatal care, childbirth, and neonatal care from the county office of family and children.
            (B) That the father of the unborn fetus is legally required to assist in the support of the child. In the case of rape, the information required under this clause may be omitted.
            (C) That adoption alternatives are available and that adoptive parents may legally pay the costs of prenatal care, childbirth, and neonatal care.
        (3) The pregnant woman certifies in writing, before the abortion is performed, that the information required by subdivisions (1) and (2) has been provided.
     (b) Before an abortion is performed, the pregnant woman may, upon the pregnant woman's request, view the fetal ultrasound imaging and hear the auscultation of the fetal heart tone if the fetal heart tone is audible.

 

IC 16-34-2-1.2

Physician's duty to inform women in medical emergency of

necessity for abortion

Sec. 1.2. When a medical emergency compels the performance of

an abortion, the physician who will perform the abortion shall inform

the woman, before the abortion if possible, of the medical indications

supporting the physician's judgment that an abortion is necessary to

avert:

(1) the woman's death; or

(2) a substantial and irreversible impairment of a major bodily

function.

 

IC 16-34-2-2

Responsibilities of attending physician

Sec. 2. It shall be the responsibility of the attending physician to

do the following:

(1) Determine in accordance with accepted medical standards

which trimester the pregnant woman receiving the abortion is

in.

(2) Determine whether the fetus is viable.

(3) Certify that determination as part of any written reports

required of the attending physician by the state department or

the facility in which the abortion is performed.

 

IC 16-34-2-3

Viable fetus; requirements; preservation of life and health of viable

unborn child; certificates of birth and death; offense of failure to

preserve life; ward status of child

Sec. 3. (a) All abortions performed after a fetus is viable shall be:

(1) governed by section 1(a)(3) and 1(b) of this chapter;

(2) performed in a hospital having premature birth intensive

care units, unless compliance with this requirement would result

in an increased risk to the life or health of the mother; and

(3) performed in the presence of a second physician as provided

in subsection (b).

(b) An abortion may be performed after a fetus is viable only if

there is in attendance a physician, other than the physician

performing the abortion, who shall take control of and provide

immediate care for a child born alive as a result of the abortion.

During the performance of the abortion, the physician performing the

abortion, and after the abortion, the physician required by this

subsection to be in attendance, shall take all reasonable steps in

keeping with good medical practice, consistent with the procedure

used, to preserve the life and health of the viable unborn child.

However, this subsection does not apply if compliance would result

in an increased risk to the life or health of the mother.

(c) Any fetus born alive shall be treated as a person under the law,

and a birth certificate shall be issued certifying the child's birth even

though the child may subsequently die, in which event a death

certificate shall be issued. Failure to take all reasonable steps, in

keeping with good medical practice, to preserve the life and health

of the live born person shall subject the responsible persons to

Indiana laws governing homicide, manslaughter, and civil liability

for wrongful death and medical malpractice.

(d) If, before the abortion, the mother, and if married, her

husband, has or have stated in writing that she does or they do not

wish to keep the child in the event that the abortion results in a live

birth, and this writing is not retracted before the abortion, the child,

if born alive, shall immediately upon birth become a ward of the

county office of family and children.

 

IC 16-34-2-4

Written consent of parent or guardian of unemancipated pregnant

woman under 18 years of age; conditions of waiver; representation

by attorney; appeal; confidential records; emergency abortions

Sec. 4. (a) No physician shall perform an abortion on an

unemancipated pregnant woman less than eighteen (18) years of age

without first having obtained the written consent of one (1) of the

parents or the legal guardian of the minor pregnant woman.

(b) A minor:

(1) who objects to having to obtain the written consent of her

parent or legal guardian under this section; or

(2) whose parent or legal guardian refuses to consent to an

abortion;

may petition, on her own behalf or by next friend, the juvenile court

for a waiver of the parental consent requirement under subsection

(a).

(c) A physician who feels that compliance with the parental

consent requirement in subsection (a) would have an adverse effect

on the welfare of the pregnant minor or on her pregnancy may

petition the juvenile court within twenty-four (24) hours of the

abortion request for a waiver of the parental consent requirement

under subsection (a).

(d) The juvenile court must rule on a petition filed by a pregnant

minor under subsection (b) or by her physician under subsection (c)

within forty-eight (48) hours of the filing of the petition. Before

ruling on the petition, the court shall consider the concerns expressed

by the pregnant minor and her physician. The requirement of parental

consent under this section shall be waived by the juvenile court if the

court finds that the minor is mature enough to make the abortion

decision independently or that an abortion would be in the minor's

best interests.

(e) Unless the juvenile court finds that the pregnant minor is

already represented by an attorney, the juvenile court shall appoint

an attorney to represent the pregnant minor in a waiver proceeding

brought by the minor under subsection (b) and on any appeals. The

cost of legal representation appointed for the minor under this

section shall be paid by the county.

(f) A minor or her physician who desires to appeal an adverse

judgment of the juvenile court in a waiver proceeding under

subsection (b) or (c) is entitled to an expedited appeal, under rules to

be adopted by the supreme court.

(g) All records of the juvenile court and of the supreme court or

the court of appeals that are made as a result of proceedings

conducted under this section are confidential.

(h) A minor who initiates legal proceedings under this section is

exempt from the payment of filing fees.

(i) This section shall not apply where there is an emergency need

for a medical procedure to be performed such that continuation of the

pregnancy provides an immediate threat and grave risk to the life or

health of the pregnant woman and the attending physician so certifies

in writing.

 

IC 16-34-2-5

Forms to be completed by physician; offenses

Sec. 5. (a) Every medical facility where abortions may be

performed shall be supplied with forms drafted by the state

department, the purpose and function of which shall be the

improvement of maternal health and life through the compilation of

relevant maternal life and health factors and data, and a further

purpose and function shall be to monitor all abortions performed in

Indiana to assure the abortions are done only under the authorized

provisions of the law. Such forms shall include, among other things,

the following:

(1) The age of the woman who is aborted.

(2) The place where the abortion is performed.

(3) The full name and address of the physicians performing the

abortion.

(4) The name of the father if known.

(5) If after viability, the medical reason for the abortion.

(6) The medical procedure employed to administer the abortion.

(7) The mother's obstetrical history, including dates of other

abortions, if any.

(8) The results of pathological examinations if performed.

(9) Information as to whether the fetus was delivered alive.

(10) Records of all maternal deaths occurring within the health

facility where the abortion was performed.

(b) The form provided for in subsection (a) shall be completed by

the physician performing the abortion and shall be transmitted to the

state department not later than July 30 for each abortion performed

in the first six (6) months of that year and not later than January 30

for each abortion performed for the last six (6) months of the

preceding year. Each failure to file the form on time as required is a

Class B misdemeanor.

 

IC 16-34-2-6

Experiments performed on aborted fetus prohibited

Sec. 6. No experiments except pathological examinations may be

conducted on any fetus aborted under this chapter, nor may any fetus

so aborted be transported out of Indiana for experimental purposes.

A person who conducts such an experiment or so transports such a

fetus commits a Class A misdemeanor.

 

IC 16-34-2-7

Performance of unlawful abortion; offense

Sec. 7. (a) Except as provided in subsections (b) and (c), a person

who knowingly or intentionally performs an abortion not expressly

provided for in this chapter commits a Class C felony.

(b) A physician who performs an abortion intentionally or

knowingly in violation of section 1(a)(1)(C) or 4 of this chapter

commits a Class A misdemeanor.

(c) A person who knowingly or intentionally performs an abortion

in violation of section 1.1 of this chapter commits a Class A

infraction.

(d) A woman upon whom a partial birth abortion is performed

may not be prosecuted for violating or conspiring to violate section

1(b) of this chapter.

 

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IC 31-20

ARTICLE 20. FAMILY LAW: HUMAN

REPRODUCTION

 

IC 31-20-1

Chapter 1. Surrogate Agreements

 

IC 31-20-1-1

Public policy declaration

Sec. 1. The general assembly declares that it is against public

policy to enforce any term of a surrogate agreement that requires a

surrogate to do any of the following:

(1) Provide a gamete to conceive a child.

(2) Become pregnant.

(3) Consent to undergo or undergo an abortion.

(4) Undergo medical or psychological treatment or examination.

(5) Use a substance or engage in activity only in accordance

with the demands of another person.

(6) Waive parental rights or duties to a child.

(7) Terminate care, custody, or control of a child.

(8) Consent to a stepparent adoption under IC 31-19 (or

IC 31-3-1 before its repeal).

 

IC 31-20-1-2

Void agreements

Sec. 2. A surrogate agreement described in section 1 of this

chapter that is formed after March 14, 1988, is void.

 

IC 31-20-1-3

Best interests of child; basis for court decisions

Sec. 3. After March 14, 1988, a court may not base a decision

concerning the best interests of a child in any civil action solely on

evidence that a surrogate and any other person:

(1) entered into a surrogate agreement; or

(2) acted in accordance with a surrogate agreement;

unless a party proves that the surrogate agreement was entered into

through duress, fraud, or misrepresentation.

 

* * *

 

IC 31-39

ARTICLE 39. JUVENILE LAW: JUVENILE

RECORDS

 

IC 31-39-1

Chapter 1. Confidentiality of Juvenile Court Records

 

IC 31-39-1-1

Application of chapter

Sec. 1. (a) This chapter applies to all records of the juvenile court

except the following:

(1) Records involving an adult charged with a crime or criminal

contempt of court.

(2) Records involving a pregnant minor or her physician

seeking a waiver of the requirement under IC 35-1-58.5-2.5

(before its repeal) or IC 16-34-2-4 that a physician who

performs an abortion on an unemancipated minor first obtain

the written consent of the minor's parent or guardian.

(b) The legal records subject to this chapter include the following:

(1) Chronological case summaries.

(2) Index entries.

(3) Summonses.

(4) Warrants.

(5) Petitions.

(6) Orders.

(7) Motions.

(8) Decrees.

 

IC 31-39-1-2

Confidentiality and access to juvenile court records

Sec. 2. All juvenile court records subject to this chapter are

confidential and are available only in accordance with IC 31-39-2.

The court shall take appropriate actions to protect juvenile court

records governed by this chapter from unauthorized disclosure.

 

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IC 35-42

ARTICLE 42. OFFENSES AGAINST THE PERSON

 

IC 35-42-1

Chapter 1. Homicide

 

IC 35-42-1-0.5

Abortions exempt

Sec. 0.5. Sections 1, 3, and 4 of this chapter do not apply to an

abortion performed in compliance with:

(1) IC 16-34; or

(2) IC 35-1-58.5 (before its repeal).

 

IC 35-42-1-1

Murder

Sec. 1. A person who:

(1) knowingly or intentionally kills another human being;

(2) kills another human being while committing or attempting

to commit arson, burglary, child molesting, consumer product

tampering, criminal deviate conduct, kidnapping, rape, robbery,

or carjacking;

(3) kills another human being while committing or attempting

to commit:

(A) dealing in or manufacturing cocaine, a narcotic drug, or

methamphetamine (IC 35-48-4-1);

(B) dealing in a schedule I, II, or III controlled substance (IC

35-48-4-2);

(C) dealing in a schedule IV controlled substance (IC

35-48-4-3); or

(D) dealing in a schedule V controlled substance; or

(4) knowingly or intentionally kills a fetus that has attained

viability (as defined in IC 16-18-2-365);

commits murder, a felony.

 

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Indiana Administrative Code.

 

405 IAC 5-28-7 Abortion

 

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Sec. 7. Medicaid reimbursement is available for abortions only if performed to preserve the life of the pregnant woman or in

other circumstances if the abortion is required to be covered by Medicaid under federal law. Termination of an ectopic pregnancy

is not considered an abortion. All appropriate documentation must be attached to the claim and to claims for directly related services

before reimbursement shall be made. [This provision has been held to be unconstitutional and unenforceable to the extent that it denied assistance for abortion to pregnant women at serious risk of substantial and irreversible impairment of a major bodily function.] 

 

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