January 30, 2002





HOUSE BILL No. 1087

_____


DIGEST OF HB 1087 (Updated January 29, 2002 10:30 AM - DI 84)



Citations Affected: IC 31-9; IC 31-34.

Synopsis: Foster parents' participation in certain juvenile proceedings. Entitles a long term foster parent to intervene as a party in a proceeding for the periodic review of a dispositional decree involving a child in need of services.

Effective: July 1, 2002.





Smith M , Klinker




    January 8, 2002, read first time and referred to Committee on Rules and Legislative Procedures.
    January 29, 2002, amended, reported _ Do Pass.






January 30, 2002

Second Regular Session 112th General Assembly (2002)


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.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2001 General Assembly.

HOUSE BILL No. 1087



    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 31-9-2-76.5; (02)HB1087.1.1. -->     SECTION 1. IC 31-9-2-76.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 76.5. "Long term foster parent", for purposes of IC 31-34-21-4.6, has the meaning set forth in IC 31-34-21-4.6(a).
SOURCE: IC 31-34-21-4.5; (02)HB1087.1.2. -->     SECTION 2. IC 31-34-21-4.5, AS ADDED BY P.L.133-2000, SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 4.5. (a) Except as provided in subsection (b) and section 4.6 of this chapter, a foster parent may petition the court to request intervention as a party to a proceeding described in this chapter.
    (b) A foster parent who has been:
        (1) the subject of a substantiated report of child abuse or neglect; or
        (2) convicted of a felony listed in IC 12-17.4-4-11;
may not petition the court to intervene under this section.
    (c) A court may grant a petition filed under this section if the court determines that intervention of the petitioner is in the best interests of

the child.

SOURCE: IC 31-34-21-4.6; (02)HB1087.1.3. -->     SECTION 3. IC 31-34-21-4.6 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 4.6. (a) As used in this section, "long term foster parent" means a foster parent who has provided care and supervision for a child for at least:
        (1) the twelve (12) most recent months; or

         (2) fifteen (15) months of the most recent twenty-two (22) months.
    (b) Except as provided in subsection (c), a long term foster parent, upon written notice to the court, is entitled to intervene as a party to a proceeding described in this chapter.
    (c) A long term foster parent is not entitled to intervene as a party in a proceeding under this chapter if the long term foster parent has been:
        (1) the subject of a substantiated report of child abuse or neglect; or
        (2) convicted of a felony listed in IC 12-17.4-4-11.