SB 330-2_ Filed 02/23/2000, 09:32
Text Box
PREVAILED Roll Call No. _______
FAILED Ayes _______
WITHDRAWN Noes _______
RULED OUT OF ORDER
[
HOUSE MOTION ____
]
MR. SPEAKER:
I move that Engrossed Senate Bill 330 be recommitted to a Committee of One, its sponsor, with specific
instructions to amend as follows:
SOURCE: Page 1, line 1; (00)MO033004.1. -->
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
SOURCE: IC 31-9-2-0.5; (00)MO033004.1. -->
"SECTION 1.
IC 31-9-2-0.5
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 0.5. "Abandoned
infant", for purposes of
IC 31-34-21-5.6
, means:
(1) a child who is less than twelve (12) months of age and whose
parent, guardian, or custodian (1) has knowingly or intentionally
left the child in:
(A) an environment that endangers the child's life or health; or
(B) a hospital or medical facility;
and has no reasonable plan to assume the care, custody, and
control of the child; or
(2) a child who is, or who appears to be, not more than thirty
(30) days of age and whose parent:
(A) has knowingly or intentionally left the child with an
emergency medical services provider; and (2) has no
reasonable plan to assume the care, custody, and control of
(B) did not express an intent to return for the child.
SOURCE: IC 31-9-2-43.5; (00)MO033004.2. -->
SECTION 2.
IC 31-9-2-43.5
IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2000]:
Sec. 43.5. "Emergency medical services provider" has the
meaning set forth in
IC 16-41-10-1.
SOURCE: IC 31-34-2.5; (00)MO033004.3. -->
SECTION 3.
IC 31-34-2.5
IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2000]:
Chapter 2.5. Emergency Custody of Certain Abandoned
Children
Sec. 1. (a) An emergency medical services provider shall,
without a court order, take custody of a child who is, or who
appears to be, not more than thirty (30) days of age if:
(1) the child is voluntarily left with the provider by the child's
parent; and
(2) the parent does not express an intent to return for the
child.
(b) An emergency medical services provider who takes custody
of a child under this section shall perform any act necessary to
protect the child's physical health or safety.
Sec. 2. (a) Immediately after an emergency medical services
provider takes custody of a child under section 1 of this chapter,
the provider shall notify the local child protection service that the
provider has taken custody of the child.
(b) The local child protection service shall assume the care,
control, and custody of the child immediately after receiving notice
under subsection (a).
Sec. 3. A child for whom the local child protection service
assumes care, control, and custody under section 2 of this chapter
shall be treated as a child taken into custody without a court order,
except that efforts to locate the child's parents or reunify the
child's family are not necessary, if the court makes a finding to that
effect under
IC 31-34-21-5.6
(b)(5).
Sec. 4. Whenever a child is taken into custody without a court
order under this chapter, the attorney for the county office of
family and children shall, without unnecessary delay, request the
juvenile court to:
(1) authorize the filing of a petition alleging that the child is a
child in need of services;
(2) hold an initial hearing under
IC 31-34-10
not later than
the next business day after the child is taken into custody; and
(3) appoint a guardian ad litem for the child.
SOURCE: IC 31-34-10-2; (00)MO033004.4. -->
SECTION 4.
IC 31-34-10-2
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 2. (a) The juvenile
court shall hold an initial hearing on each petition.
(b) Subject to section 2.5 of this chapter, the juvenile court shall
set a time for the initial hearing. A summons shall be issued for the
following:
(1) The child.
(2) The child's parent, guardian, custodian, or guardian ad litem.
(3) Any other person necessary for the proceedings.
(c) A copy of the petition must accompany each summons. The
clerk shall issue the summons under Rule 4 of the Indiana Rules of
Trial Procedure.
SOURCE: IC 31-34-10-2.5; (00)MO033004.5. -->
SECTION 5.
IC 31-34-10-2.5
IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2000]: Sec. 2.5. (a) The juvenile court shall
hold the initial hearing on a petition arising from an emergency
medical services provider's taking custody of an infant under
IC 31-34-2.5
on the next business day after the emergency medical
services provider takes the infant into custody. If the court is
unavailable for a hearing on the next business day, the hearing
must be held as soon as the court becomes available. However, the
hearing must be held not later than the third business day after the
infant is taken into custody.
(b) The county office of family and children shall notify the
emergency medical services provider who has taken emergency
custody of an abandoned infant under
IC 31-34-2.5
of the initial
hearing. The emergency medical services provider has the right to
be heard at the initial hearing.".
Page 1, strike line 8.
SOURCE: Page 1, line 8.
Page; (00)MO033004.1. -->
Page 1, line 9, strike "(3)" and insert " (2)".
Page 2, line 6, strike "(4)" and insert " (3)".
Page 2, line 11, strike "(5)" and insert " (4)".
Page 2, between lines 12 and 13, begin a new line block indented
and insert:
" (5) Any emergency medical services provider who has taken
custody of an abandoned infant under
IC 31-34-2.5.".
Page 2, line 13, delete "The" and insert " At least ten (10) days
before the periodic case review, including a case review that is a
permanency hearing under section 7 of this chapter, the".
Page 2, line 14, delete "persons listed in subsection (a)" and insert
" child's foster parent".
Page 2, line 18, after "(a)" insert " or (b)".
Page 2, line 23, after "(a)" insert " or (b)".
Page 2, line 25, delete "subsection" and insert " subsections".
Page 2, line 25, after "(a)" insert " and (b)".
Page 2, line 32, delete "persons listed in" and insert " child's foster
parent".
Page 2, line 33, delete "subsection (a)".
Page 2, line 33, delete "persons" and insert " foster parent has".
Page 2, line 34, delete "have".
Page 2, line 36, delete "all the persons listed under subsection (a)
appear" and insert " the child's foster parent appears".
Page 3, between lines 8 and 9, begin a new paragraph and insert:
SOURCE: IC 31-34-21-5.6; (00)MO033004.6. -->
"SECTION 6.
IC 31-34-21-5.6
, AS AMENDED BY P.L.197-1999,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2000]: Sec. 5.6. (a) A court may make a finding described in
this section at any phase of a child in need of services proceeding.
(b) Reasonable efforts to reunify a child with the child's parent,
guardian, or custodian or preserve a child's family as described in
section 5.5 of this chapter are not required if the court finds any of the
following:
(1) A parent, guardian, or custodian of a child who is a child in
need of services has been convicted of:
(A) an offense described in
IC 31-35-3-4
(1)(B) or
IC 31-35-3-4
(1)(D) through IC 31-35-3-4(J)
IC 31-35-3-4
(1)(J) against a victim who is:
(i) a child described in
IC 31-35-3-4
(2); or
(ii) a parent of the child; or
(B) a comparable offense as described in clause (A) in any
other state, territory, or country by a court of competent
jurisdiction.
(2) A parent, guardian, or custodian of a child who is a child in
need of services:
(A) has been convicted of:
(i) the murder (IC 35-42-1-1) or voluntary manslaughter
(IC 35-42-1-3) of a victim who is a child described in
IC 31-35-3-4
(2)(B) or a parent of the child; or
(ii) a comparable offense described in item (i) in any other
state, territory, or country; or
(B) has been convicted of:
(i) aiding, inducing, or causing another person;
(ii) attempting; or
(iii) conspiring with another person;
to commit an offense described in clause (A).
(3) A parent, guardian, or custodian of a child who is a child in
need of services has been convicted of:
(A) battery (IC 35-42-2-1 (a)(4)) as a Class B felony;
(B) battery (IC 35-42-2-1(a)(3)) as a Class C felony;
(C) aggravated battery (IC 35-42-2-1.5);
(D) criminal recklessness (IC 35-42-2-2(c)) as a Class C
felony;
(E) neglect of a dependent (IC 35-46-1-4) as a Class B felony;
or
(F) a comparable offense described in clauses (A) through (E)
in another state, territory, or country;
against a child described in
IC 31-35-3-4
(2)(B).
(4) The parental rights of a parent with respect to a biological or
adoptive sibling of a child who is a child in need of services have
been involuntarily terminated by a court under:
(A)
IC 31-35-2
(involuntary termination involving a
delinquent child or a child in need of services);
(B)
IC 31-35-3
(involuntary termination involving an
individual convicted of a criminal offense); or
(C) any comparable law described in clause (A) or (B) in any
other state, territory, or country.
(5) The child is an abandoned infant, provided that the court:
(A) has appointed a guardian ad litem or court appointed
special advocate for the child; and
(B) after receiving a written report and recommendation from
the guardian ad litem or court appointed special advocate, and
after a hearing, finds that reasonable efforts to locate the
child's parents or reunify the child's family would not be in the
best interests of the child.
However, there is a rebuttable
presumption that it is not in the best interests of the child
to locate the child's parent or reunify the child's family if
the child was left with an emergency medical services
provider who took custody of the child under
IC 31-34-2.5.".
SOURCE: Page 3, line 20; (00)MO033004.3. -->
Page 3, line 20, strike "subsection" and insert " subsections".
Page 3, line 20, delete "." and insert " and (d).".
Page 3, strike line 24.
Page 3, line 25, strike "(3)" and insert " (2)".
Page 3, line 39, strike "(4)" and insert " (3)".
Page 4, line 2, strike "(5)" and insert " (4)".
Page 4, between lines 4 and 5, begin a new line block indented and
insert:
" (5) Any emergency medical services provider who has taken
custody of an abandoned infant under
IC 31-34-2.5.".
Page 4, line 6, delete "The" and insert " At least ten (10) days
before a hearing on a petition or motion under this chapter, the".
Page 4, line 7, delete "persons listed in subsection (c)" and insert
" child's foster parent".
Page 4, line 11, after "(c)" insert " or (d)".
Page 4, line 15, after "(c)" insert " or (d)".
Page 4, line 17, delete "subsection" and insert " subsections".
Page 4, line 17, after "(c)" insert " and (d)".
Page 4, line 21, delete "persons listed in" and insert " foster parent".
Page 4, line 22, delete "subsection (c)".
Page 4, line 22, delete "persons" and insert " foster parent has".
Page 4, line 23, delete "have".
Page 4, line 25, delete "all the persons listed under subsection (c)
appear" and insert " the child's foster parent appears".
Page 4, line 27, after "(c)(5)" insert " or subsection (d)".
Page 4, after line 30, begin a new paragraph and insert:
SOURCE: IC 35-46-1-4; (00)MO033004.10. -->
"SECTION 10.
IC 35-46-1-4
, AS AMENDED BY P.L.197-1999,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2000]: Sec. 4. (a) A person having the care of a dependent,
whether assumed voluntarily or because of a legal obligation, who
knowingly or intentionally:
(1) places the dependent in a situation that endangers the
dependent's life or health;
(2) abandons or cruelly confines the dependent;
(3) deprives the dependent of necessary support; or
(4) deprives the dependent of education as required by law;
commits neglect of a dependent, a Class D felony.
(b) However, the offense is:
(1) a Class C felony if it is committed under subsection (a)(1),
(a)(2), or (a)(3) and results in bodily injury;
(2) a Class B felony if it is committed under subsection (a)(1),
(a)(2), or (a)(3) and results in serious bodily injury; and
(3) a Class C felony if it is committed under subsection (a)(2) and
consists of cruel or unusual confinement or abandonment.
(c) It is a defense to a prosecution based on an alleged act under
this section that:
(1) the accused person left a dependent child who was, at the
time the alleged act occurred, not more than thirty (30) days
of age with an emergency medical provider who took custody
of the child under
IC 31-34-2.5
when:
(A) the prosecution is based solely on the alleged act of
leaving the child with the emergency medical services
provider; and
(B) the alleged act did not result in bodily injury or serious
bodily injury to the child; or
(2) the accused person, in the legitimate practice of his religious
belief, provided treatment by spiritual means through prayer, in
lieu of medical care, to his dependent.
(c) (d) Except for property transferred or received:
(1) under a court order made in connection with a proceeding
under IC 31-15, IC 31-16, IC 31-17, or IC 31-35 (or
IC 31-1-11.5
or
IC 31-6-5
before their repeal); or
(2) under
IC 35-46-1-9
(b);
a person who transfers or receives any property in consideration for the
termination of the care, custody, or control of a person's dependent
child commits child selling, a Class D felony.".
Renumber all SECTIONS consecutively.
(Reference is to ESB 330 as printed February 18, 2000.)
________________________________________
Representative Klinker
Text Box
Adopted Rejected
COMMITTEE REPORT
MR. SPEAKER:
Your Committee of One, to which was referred Engrossed Senate Bill 330, begs leave to report that said bill
has been amended as directed.
________________________________________
MO033004/DI 98 2000