Introduced Version






HOUSE BILL No. 1221

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 31-34-1-16 ; IC 34-31-4-1 ; IC 34-31-4-3.

Synopsis: Supervision of suspended or expelled children. Provides that a court may declare a child to be a child in need of services if a parent, guardian, or custodian fails to provide care or supervision of a child who is suspended or expelled from school. Provides that a parent or guardian loses the $5,000 cap on liability for the acts of a child if the parent or guardian fails to provide reasonable supervision of a child who is suspended or expelled from school. Inserts the phrase "guardian or custodian" into the parent liability statute.

Effective: July 1, 2001.





Mellinger




    January 9, 2001, read first time and referred to Committee on Human Affairs.







Introduced

First Regular Session 112th General Assembly (2001)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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HOUSE BILL No. 1221



    A BILL FOR AN ACT to amend the Indiana Code concerning family law and juvenile law.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 31-34-1-16; (01)IN1221.1.1. -->     SECTION 1. IC 31-34-1-16 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 16. A child is a child in need of services if before the child becomes eighteen (18) years of age:
        (1) the child's parent, guardian, or custodian fails to provide for care or supervision of the child during the time that:
            (A) the child is expelled or suspended from school; and
            (B) the school from which the student was suspended or expelled is in session; and
        (2) the child needs care or supervision that the child:
            (A) is not receiving; and
            (B) is unlikely to be provided or accepted without the coercive intervention of the court.

SOURCE: IC 34-31-4-1; (01)IN1221.1.2. -->     SECTION 2. IC 34-31-4-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 1. Except as provided in section sections 2 and 3 of this chapter, a parent or guardian is liable for not more than five thousand dollars ($5,000) in actual

damages arising from harm to a person or damage to property knowingly, intentionally, or recklessly caused by the parent's or guardian's child if:
        (1) the parent or guardian has custody of the child; and
        (2) the child is living with the parent or guardian.

SOURCE: IC 34-31-4-3; (01)IN1221.1.3. -->     SECTION 3. IC 34-31-4-3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 3. A parent or guardian of a child who is suspended or expelled from school is liable for actual damages arising from harm to a person or property knowingly, intentionally, or recklessly caused by the child during the hours that the school from which the child was suspended or expelled is regularly in session if:
        (1) the parent or guardian has custody of the child;
        (2) the child is living with the parent or guardian; and
        (3) the parent failed to provide reasonable supervision of the child while the school from which the child was suspended or expelled is regularly in session.

SOURCE: ; (01)IN1221.1.4. -->     SECTION 4. [EFFECTIVE JULY 1], 2001] IC 31-34-1-16 and IC 34-31-4-3 , both as added by this act, and IC 34-31-4-1 , as amended by this act, apply only to conduct occurring during school years beginning after June 30, 2001.