SB 330-1_ Filed 01/31/2000, 09:41

SENATE MOTION


MR. PRESIDENT:

    I move
that Senate Bill 330 be amended to read as follows:

SOURCE: Page 1, line 1; (00)MO033001.1. -->     Page 1, between the enacting clause and line 1, begin a new paragraph and insert:
SOURCE: IC 31-9-2-0.5; (00)MO033001.1. -->     "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 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 (as defined in IC 16-41-10-1 );
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: Page 2, line 7; (00)MO033001.2. -->     Page 2, after line 7, begin a new paragraph and insert:
SOURCE: IC 31-34-2.5; (00)MO033001.4. -->     "SECTION 4. 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 (as defined in IC 16-41-10-1 ) shall, without a court order, take custody of a child who is, or 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 physical health or safety of the child.
    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 on receipt of 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)MO033001.5. -->     SECTION 5. 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) 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.
     (d) The juvenile court shall hold the initial hearing on a petition arising from an emergency medical services provider's taking custody under IC 31-34-2.5 of an infant who is left with the emergency medical services provider. The initial hearing must be held 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

when the court becomes available; however, the hearing must be held not later than the third business day after the infant is taken into custody.

SOURCE: IC 31-34-21-5.6; (00)MO033001.6. -->     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: IC 35-46-1-4; (00)MO033001.7. -->     SECTION 7. 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 child dependent who is 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 , if the prosecution is based solely on the alleged act of leaving the child with the emergency medical provider, and 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) 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 SB 330 as printed January 28, 2000.)

________________________________________

Senator CLARK


MO033001/DI 76     2000