Opinion
22S-MS-308
09-02-2022
In the Matter of the Indiana Pre-Eviction Diversion Program
ORDER AMENDING PRE-EVICTION DIVERSION PROGRAM
Loretta H. Rush Chief Justice
On October 22, 2021, this Court established the statewide pre-eviction diversion program, effective November 1, 2021. Even as resources have evolved over time, parties coming to Indiana's courts on eviction matters must still be referred to all available resources to help them achieve the best outcomes for their situation. To ensure parties can access all available resources, this Court now amends the pre-eviction diversion program as follows, effective September 19, 2022, and until further notice from this Court:
1. In any residential eviction action filed in any Indiana court, the court shall
a. advise the parties-at the first hearing or, in actions in progress prior to the effective date of this order, at the next hearing-of the availability of pre-eviction diversion resources,
b. ask the parties if they are interested in-or in the process of-pursuing any pre-eviction diversion program resources, and
c. document the giving of the advisement using the diversion advisement event in Odyssey.
Pre-eviction diversion program resources include, but are not limited to, the following:
• the availability of any state or local rental assistance programs or resources,
• the availability of legal assistance, including indianalegalhelp.org and any local legal assistance programs and resources,
• the availability of this Court's free Landlord and Tenant Settlement Conference Program or any free local equivalent program, and
• the availability of housing stability resources with the Indiana Community Action Association's provider network.
A model advisement for this purpose is attached to this order as Exhibit A.
2. If both parties agree to participate in any resource outlined above:
a. The eviction proceeding shall be stayed for ninety days.
b. The court shall provide the parties with a completed case management order, which shall include status conferences at thirty days and sixty days to monitor progress. Courts may hold status conferences in-person, remotely, or permit the filing of a written status report showing compliance with the program in lieu of a status hearing.
c. The court may lift the stay early if it determines at a status conference, or following a motion filed by any party, i. that a party is no longer actively following the case management order or participating in the pre-eviction diversion program in good faith; and
ii. in the interest of justice, the case should proceed.
d. All court records related to the eviction shall be made confidential unless
i. the court determines at a status conference, or following a motion filed by any party, 1. that a party is no longer actively following the case management order or participating in the pre-eviction diversion program in good faith; and
2. in the interest of justice, the case should proceed; or
ii. the court finds, after a hearing, that one or both parties have violated a settlement agreement; or
iii. the procedures set forth in Rule 9 of the Rules on Access to Court Records are followed.
3. If the parties resolve their disputes through participation in the pre-eviction diversion program, the court can dismiss the case or the parties can file a diversion agreement, agreed entry, or agreed judgment.
4. Participation in this program does not bar the plaintiff from filing future claims against the defendant, including future eviction proceedings, for future events or acts forming an independent basis for the claim.
5. The Office of Judicial Administration and courts are authorized to provide otherwise confidential court records to rental assistance providers to facilitate the matching of parties to rental applications.
Pre-eviction Diversion Program Advisement and Dialogue
1. The following Pre-Eviction Diversion Program resources available to both parties:
• (insert list of any available state and local rental assistance programs or resources, including local trustee's office, etc.),
• (insert list of any available legal assistance programs) and indianalegalhelp.org,
• the availability of the state's free Landlord and Tenant Settlement Conference Program and (insert list of any free local equivalent program), and
• the availability of housing stability resources with the Indiana Community Action Association's provider network (insert local provider list).
2. Active participation in the Pre-eviction Diversion Program will result in this case being marked confidential. When a case is marked confidential, it is no longer available on mycase.in.gov. The case may remain confidential during and after the program as long as there are no defaults by the tenant.
3. If you both agree to work together to seek pre-eviction diversion program resources, then this case can be rescheduled to allow you to access these resources. The case management order will have your court dates listed and having your cell phone number in the court file can allow for text message reminders of these dates. [Ask if the parties are willing to participate in any of the listed resources and enter the pre-eviction diversion program. If both agree to the program, collect updated cell phone numbers to allow for text message reminders, discuss the time frame in the case management order, and provide the completed case management order that includes program information/contact information, deadlines, and future court dates.]
[If either decline to participate in the above program, continue with the item below.]
4. If you are not represented by an attorney and would like legal assistance, please contact one of the following resources for help: (insert local list). You may also still reach out to (insert local provider list) for housing stability resources.
[If a party is interested in pursuing legal help, proceed with scheduling the next hearing on the case to allow time to seek legal assistance.]