Citations Affected: IC 20-8.1; IC 31-34; IC 31-40; noncode.
Synopsis: Juvenile court jurisdiction for school suspension. Allows the
prosecuting attorney or county office of family and children to file a
petition alleging that a child suspended or expelled from school is a
child in need of services (CHINS) if the: (1) school corporation; (2)
prosecuting attorney; (3) county office of family and children; and (4)
judge of the court with juvenile jurisdiction; have agreed to the referral
of suspended or expelled children to the juvenile court for a CHINS
determination. Requires the school corporation to pay the costs of
services ordered by the juvenile court if: (1) the child is found to be a
CHINS; and (2) there is an agreement to refer suspended or expelled
children to the juvenile court for a CHINS determination. Specifies that
a school is not required to pay more than 90% of the tuition support the
school corporation receives for services ordered by the juvenile court.
Effective: July 1, 2003.
January 7, 2003, read first time and referred to Committee on Rules and Legislative
Procedure.
February 3, 2003, amended; reassigned to Committee on Judiciary.
February 13, 2003, amended, reported favorably _ Do Pass; reassigned to Committee on
Education and Career Development.
February 20, 2003, reported favorably _ Do Pass.
February 25, 2003, read second time, amended, ordered engrossed.
A BILL FOR AN ACT to amend the Indiana Code concerning
family law and juvenile law.
SECTION 1. IC 20-8.1-5.1-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 8. (a) The following are
the grounds for student suspension or expulsion, subject to the
procedural requirements of this chapter and as stated by school
corporation rules:
(1) Student misconduct.
(2) Substantial disobedience.
(b) The grounds for suspension or expulsion listed in subsection (a)
apply when a student is:
(1) on school grounds immediately before or during school hours,
or immediately after school hours, or at any other time when the
school is being used by a school group;
(2) off school grounds at a school activity, function, or event; or
(3) traveling to or from school or a school activity, function, or
event.
(c) A superintendent or the superintendent's designee may send
written notice of the suspension or expulsion of a student under
this section to:
(1) the prosecuting attorney; or
(2) the office of family and children;
of the county in which the school corporation is located if there is
an agreement as described in IC 31-34-1-7.5(a)(2).
SECTION 2. IC 20-8.1-5.1-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 9. (a) In addition to the
grounds specified in section 8 of this chapter, a student may be
suspended or expelled for engaging in unlawful activity on or off
school grounds if:
(1) the unlawful activity may reasonably be considered to be an
interference with school purposes or an educational function; or
(2) the student's removal is necessary to restore order or protect
persons on school property;
including an unlawful activity during weekends, holidays, other school
breaks, and the summer period when a student may not be attending
classes or other school functions.
(b) A superintendent or the superintendent's designee may send
written notice of suspension or expulsion of a student under this
section to:
(1) the prosecuting attorney; or
(2) the office of family and children;
of the county in which the school corporation is located if there is
an agreement as described in IC 31-34-1-7.5(a)(2).
SECTION 3. IC 20-8.1-5.1-10, AS AMENDED BY P.L.123-2002,
SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 10. (a) As used in this section, "firearm" has the
meaning set forth in IC 35-47-1-5.
(b) As used in this section, "deadly weapon" has the meaning set
forth in IC 35-41-1-8. The term does not include a firearm or
destructive device.
(c) As used in this section, "destructive device" has the meaning set
forth in IC 35-47.5-2-4.
(d) Notwithstanding section 14 of this chapter, a student who is:
(1) identified as bringing a firearm or destructive device to school
or on school property; or
(2) in possession of a firearm or destructive device on school
property;
must be expelled for a period of at least one (1) calendar year, with the
return of the student to be at the beginning of the first school semester
after the end of the one (1) year period.
(e) The superintendent may, on a case-by-case basis, modify the
period of expulsion under subsection (d) for a student who is expelled
under this section.
(f) Notwithstanding section 14 of this chapter, a student who is:
(1) identified as bringing a deadly weapon to school or on school
property; or
(2) in possession of a deadly weapon on school property;
may be expelled for a period of not more than one (1) calendar year.
(g) A superintendent or the superintendent's designee shall
immediately notify the appropriate law enforcement agency having
jurisdiction over the property where the school is located if a student
engages in a behavior described in subsection (d). The superintendent
may give similar notice if the student engages in a behavior described
in subsection (f). Upon receiving notification under this subsection, the
law enforcement agency shall begin an investigation and take
appropriate action.
(h) A student with disabilities (as defined in IC 20-1-6.1-7) who
possesses a firearm on school property is subject to procedural
safeguards under 20 U.S.C. 1415.
(i) A superintendent or the superintendent's designee may send
written notice of expulsion to the county:
(1) prosecuting attorney; or
(2) office of family and children;
in which the school corporation is located if there is an agreement
as described in IC 31-34-1-7.5(a)(2).
SECTION 4. IC 31-34-1-7.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2003]: Sec. 7.5. (a) A child may be adjudicated a child in need of
services if:
(1) the child is a student at an elementary or secondary school
and is suspended or expelled under:
(A) IC 20-8.1-5.1-8;
(B) IC 20-8.1-5.1-9; or
(C) IC 20-8.1-5.1-10; and
(2) the:
(A) school corporation (as defined in IC 20-1-6-1);
(B) county office of family and children;
(C) prosecuting attorney; and
(D) judge of the court with juvenile jurisdiction;
have entered into an agreement under which a child described
in subdivision (1) is referred to the juvenile court of the
county in which the school corporation is located for
determination of whether the child is a child in need of
services as provided in this article.
(b) Except as provided in subsection (c), if a child is adjudicated
a child in need of services under this section, the school corporation
is responsible for the costs of all services ordered for the child
(other than secure detention) under IC 31-40-1. The county may
obtain reimbursement from the school corporation for the
payment of those costs under IC 31-40-1-2(c).
(c) The school corporation's reimbursement to the county may
not exceed ninety percent (90%) of the tuition support distributed
to the school corporation on behalf of each student for the calendar
year in which the child was adjudicated a child in need of services.
SECTION 5. IC 31-34-9-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 1. (a) The prosecuting
attorney or the attorney for the county office of family and children:
(1) may request the juvenile court to authorize the filing of a
petition alleging that a child is a child in need of services; and
(2) shall represent the interests of the state at this proceeding and
at all subsequent proceedings on the petition.
(b) A petition may not be requested under subsection (a)(1) for
a child described in IC 31-34-1-7.5(a)(1) unless the prosecuting
attorney or the attorney for the county office of family and
children receives written notice of the child's suspension or
expulsion from the school corporation.
SECTION 6. IC 31-34-10-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 3. Before complying
with the other requirements of this chapter, the juvenile court shall first
determine whether the following conditions make it appropriate to
appoint a guardian ad litem or a court appointed special advocate, or
both, for the child:
(1) If the child is alleged to be a child in need of services:
(A) under IC 31-34-1-6;
(B) under IC 31-34-1-10 or IC 31-34-1-11;
(C) due to the inability, refusal, or neglect of the child's parent,
guardian, or custodian to supply the child with the necessary
medical care; or
(D) because the location of both of the child's parents is
unknown;
the court shall appoint a guardian ad litem or court appointed
special advocate, or both, for the child.
(2) If the child is alleged to be a child in need of services under:
(A) IC 31-34-1-1;
(B) IC 31-34-1-2;
placement of the child.
(2) The necessity, nature, and extent of the participation by a
parent, a guardian, or a custodian in the program of care,
treatment, or rehabilitation for the child.
(3) The financial responsibility of the parent or guardian of the
estate for services provided for the parent or guardian or the child
unless the child is adjudicated a child in need of services
under IC 31-34-1-7.5.
SECTION 10. IC 31-40-1-2, AS AMENDED BY P.L.273-1999,
SECTION 119, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 2. (a) Subject to subsection (c), the
county shall pay from the county family and children's fund the cost of:
(1) any services ordered by the juvenile court for any child or the
child's parent, guardian, or custodian, other than secure detention;
and
(2) returning a child under IC 31-37-23.
(b) The county fiscal body shall provide sufficient money to meet
the court's requirements.
(c) In the case of a child adjudicated a child in need of services
under IC 31-34-1-7.5, the county is entitled to reimbursement of all
payments made by the county under subsection (a)(1) from the
school corporation that suspended or expelled the child.
SECTION 11. IC 31-40-1-3, AS AMENDED BY P.L.273-1999,
SECTION 120, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 3. (a) This section does not apply
to the parent or guardian of the estate of a child adjudicated a
child in need of services under IC 31-34-1-7.5.
(b) A parent or guardian of the estate of a child adjudicated a
delinquent child or a child in need of services is financially responsible
as provided in this chapter (or IC 31-6-4-18(e) before its repeal) for any
services ordered by the court.
(b) (c) Each parent of a child alleged to be a child in need of
services or alleged to be a delinquent child shall, before a dispositional
hearing, furnish the court with an accurately completed and current
child support obligation worksheet on the same form that is prescribed
by the Indiana supreme court for child support orders.
(c) (d) At:
(1) a detention hearing;
(2) a hearing that is held after the payment of costs by a county
under section 2 of this chapter (or IC 31-6-4-18(b) before its
repeal);
(3) the dispositional hearing; or