Citations Affected: IC 10-13; IC 12-13; IC 12-14; IC 31-9; IC 31-33;
IC 31-34; IC 31-37; IC 31-39.
Synopsis: Child abuse reporting. Allows the state police to conduct a
name based criminal history check of persons who reside or who are
expected to reside in a location where a child will be placed by the
division of family and children or a court if exigent circumstances
prevent the state police from conducting a fingerprint based criminal
history check. Requires the state police to verify the name based
criminal history check through fingerprint identification, and permits
a person who believes that the results of the name based criminal
history check are incorrect to challenge the results by submitting the
person's fingerprints. Removes a provision authorizing the division of
family and children or a juvenile probation officer to directly conduct
a criminal history check, requiring instead that the juvenile probation
officer or division of family and children caseworker request that the
state police conduct the criminal history check. Specifies that the
division of family and children, a county office of family and children,
a local child protective service, a local child fatality review team, or the
statewide child fatality review committee must provide a court, upon
request, all records concerning the death of a child that may have been
the result of abuse, abandonment, or neglect, and the court shall redact
the records to exclude certain identifying information. Requires a local
child fatality review team and the statewide child fatality review
committee to review records concerning a child whose death may have
been the result of abuse or neglect. Specifies that a child's death may
have been the result of abuse or neglect if: (1) an investigation by the
division of family and children makes this determination; or (2)
charges filed by the prosecuting attorney would cause a reasonable
person to believe that the child's death may have been the result of
abuse or neglect.
Effective: July 1, 2005.
January 19, 2005, read first time and referred to Committee on Family, Children and
Human Affairs.
February 21, 2005, amended, reported _ Do Pass.
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
function the:
(A) apprehension, prosecution, adjudication, incarceration, or
rehabilitation of criminal offenders;
(B) location of parents with child support obligations under 42
U.S.C. 653;
(C) licensing and regulating of riverboat gambling operations;
or
(D) licensing and regulating of pari-mutuel horse racing
operations;
under a contract with an agency or department of any level of
government.
(4) The division of family and children or a juvenile probation
officer conducting a criminal history check (as defined in
IC 31-9-2-29.7) under IC 12-14-25.5-3, IC 31-34, or IC 31-37 to
determine the appropriateness of an out-of-home placement for a:
(A) child at imminent risk of placement;
(B) child in need of services; or
(C) delinquent child.
organization or individual;
(2) has applied for a license and criminal history data as required
by law to be provided in connection with the license;
(3) is a candidate for public office or a public official;
(4) is in the process of being apprehended by a law enforcement
agency;
(5) is placed under arrest for the alleged commission of a crime;
(6) has charged that the subject's rights have been abused
repeatedly by criminal justice agencies;
(7) is the subject of a judicial decision or determination with
respect to the setting of bond, plea bargaining, sentencing, or
probation;
(8) has volunteered services that involve contact with, care of, or
supervision over a child who is being placed, matched, or
monitored by a social services agency or a nonprofit corporation;
(9) is currently residing or expected to reside in a location
designated by the division of family and children or by a
juvenile court as the out-of-home placement for a child at the
time the child will reside in the location;
(9) (10) has volunteered services at a public school (as defined in
IC 20-10.1-1-2) or nonpublic school (as defined in
IC 20-10.1-1-3) that involve contact with, care of, or supervision
over a student enrolled in the school;
(10) (11) is being investigated for welfare fraud by an investigator
of the division of family and children or a county office of family
and children;
(11) (12) is being sought by the parent locator service of the child
support bureau of the division of family and children;
(12) (13) is or was required to register as a sex and violent
offender under IC 5-2-12; or
(13) (14) has been convicted of any of the following:
(A) Rape (IC 35-42-4-1), if the victim is less than eighteen
(18) years of age.
(B) Criminal deviate conduct (IC 35-42-4-2), if the victim is
less than eighteen (18) years of age.
(C) Child molesting (IC 35-42-4-3).
(D) Child exploitation (IC 35-42-4-4(b)).
(E) Possession of child pornography (IC 35-42-4-4(c)).
(F) Vicarious sexual gratification (IC 35-42-4-5).
(G) Child solicitation (IC 35-42-4-6).
(H) Child seduction (IC 35-42-4-7).
(I) Sexual misconduct with a minor as a felony (IC 35-42-4-9).
individual who is currently residing or expected to reside in
the location designated as the out-of-home placement at the
time the child will reside in the location; or
(2) submit the fingerprints to the Federal Bureau of
Investigation not later than fifteen (15) days after the date on
which the national name based criminal history record check
was conducted.
The child shall be removed from the location designated as the
out-of-home placement if an individual who is currently residing
or expected to reside in the location designated as the out-of-home
placement at the time the child will reside in the location fails to
provide a complete set of fingerprints to the division of family and
children, the caseworker, or the juvenile probation officer.
(c) If an out-of-home placement is denied as the result of a
national name based criminal history record check, an individual
who is currently residing or expected to reside in the location
designated as the out-of-home placement at the time the child will
reside in the location may contest the denial by submitting to the
division of family and children, the caseworker, or the juvenile
probation officer:
(1) a complete set of the individual's fingerprints; and
(2) written authorization permitting the division of family and
children, the caseworker, or the juvenile probation officer to
forward the fingerprints to the department for submission to
the Federal Bureau of Investigation;
not later than five (5) days after the out-of-home placement is
denied.
(d) The:
(1) department; and
(2) Federal Bureau of Investigation;
may charge a reasonable fee for processing a national name based
criminal history record check.
subsection (b)(1) and (b)(2). However, the county office of family and
children is not required to conduct a criminal history check under this
section if the temporary out-of-home placement is made to an entity or
facility that is not a residence (as defined in IC 3-5-2-42.5) or that is
licensed by the state.
under IC 12-13-15.1-6;
regarding the death of a child determined to be a whose death may
have been the result of abuse, abandonment, or neglect.
(b) For purposes of subsection (a), a child's death may have
been the result of abuse, abandonment, or neglect if:
(1) an entity described in subsection (a) determines that the
child's death is the result of abuse, abandonment, or neglect;
or
(2) a prosecuting attorney files:
(A) an indictment or information; or
(B) a complaint alleging the commission of a delinquent
act;
that, if proven, would cause a reasonable person to believe
that the child's death may have been the result of abuse,
abandonment, or neglect.
Upon the request of any person, or upon its own motion, the court
exercising juvenile jurisdiction in the county in which the child's
death occurred shall determine whether the allegations contained
in the indictment, information, or complaint, if proven, would
cause a reasonable person to believe that the child's death may
have been the result of abuse, abandonment, or neglect.
(b) (c) As used in this section, "identifying information" means
information that identifies an individual, including an individual's:
(1) name, address, date of birth, occupation, place of employment,
employer identification number, mother's maiden name, Social
Security number, or any identification number issued by a
governmental entity;
(2) unique biometric data, including the individual's fingerprint,
voice print, or retina or iris image;
(3) unique electronic identification number, address, or routing
code;
(4) telecommunication identifying information; or
(5) telecommunication access device, including a card, a plate, a
code, a telephone number, an account number, a personal
identification number, an electronic serial number, a mobile
identification number, or another telecommunications service or
device or means of account access.
(c) (d) Unless information in a record is otherwise confidential
under state or federal law, a record described in subsection (a) that has
been redacted in accordance with this section is not confidential and
may be disclosed to any person who requests the record. The person
requesting the record may be required to pay the reasonable expenses
of copying the record.
(d) (e) When a person requests a record described in subsection (a)
concerning a child, the entity having control of the record shall
immediately transmit a copy of the record all records concerning the
child that are held by the entity to the court exercising juvenile
jurisdiction in the county in which the death of the child occurred.
However, if the court requests that the entity having control of a record
transmit the original record, the entity shall transmit the original record.
(e) (f) Upon receipt of the record described in subsection (a), the
court shall, within thirty (30) days, redact the record to exclude
identifying information of a person or other information not relevant to
establishing the facts and circumstances leading to the death of the
child. However, the court shall not redact the record to exclude:
(1) information that relates to an employee of the division of
family and children;
(2) information that relates to an employee of a county office of
family and children; or
(3) information that relates to an employee of a local child
protection service; or
(4) the name, address, and telephone number of the:
(A) child's parents; and
(B) person having custody of the child at the time of the
child's death.
(f) (g) The court shall disclose the record redacted in accordance
with subsection (e) (f) to any person who requests the record, if the
person has paid:
(1) to the entity having control of the record, the reasonable
expenses of copying under IC 5-14-3-8; and
(2) to the court, the reasonable expenses of copying the record.
(g) (h) The court's determination under subsection (e) (f) that certain
identifying information or other information is not relevant to
establishing the facts and circumstances leading to the death of a child
is not admissible in a criminal proceeding or civil action.
family and children to:
(1) complete a home study of the relative's home; and
(2) provide the court with a placement recommendation.
(c) Except as provided in subsection (e), before placing a child in
need of services in an out-of-home placement, including placement
with a blood or an adoptive relative caretaker, the court shall order the
division of family and children to conduct a criminal history check (as
defined in IC 31-9-2-22.5) of each person who is:
(1) currently residing in the location designated as the
out-of-home placement; or
(2) in the reasonable belief of the division of family and children,
expected to be residing in the location designated as the
out-of-home placement during the time the child would be placed
in the location.
(d) Except as provided in subsection (f), a court may not order an
out-of-home placement if a person described in subsection (c)(1) or
(c)(2) has:
(1) committed an act resulting in a substantiated report of child
abuse or neglect; or
(2) been convicted of a felony listed in IC 12-17.4-4-11 or had a
juvenile adjudication for an act that would be a felony listed in
IC 12-17.4-4-11 if committed by an adult.
(e) The court is not required to order the division of family and
children to conduct a criminal history check under subsection (c) if the
court orders an out-of-home placement to an entity or a facility that is
not a residence (as defined in IC 3-5-2-42.5) or that is licensed by the
state.
(f) A court may order an out-of-home placement if:
(1) a person described in subsection (c)(1) or (c)(2) has:
(A) committed an act resulting in a substantiated report of
child abuse or neglect; or
(B) been convicted or had a juvenile adjudication for:
(i) reckless homicide (IC 35-42-1-5);
(ii) battery (IC 35-42-2-1) as a Class C or D felony;
(iii) criminal confinement (IC 35-42-3-3) as a Class C or D
felony;
(iv) arson (IC 35-43-1-1) as a Class C or D felony;
(v) a felony involving a weapon under IC 35-47 or
IC 35-47.5 as a Class C or D felony;
(vi) a felony relating to controlled substances under
IC 35-48-4 as a Class C or D felony; or
(vii) a felony that is substantially equivalent to a felony
listed in items (i) through (vi) for which the conviction was
entered in another state; and
(2) the court makes a written finding that the person's commission
of the offense, delinquent act, or act of abuse or neglect described
in subdivision (1) is not relevant to the person's present ability to
care for a child, and that the placement is in the best interest of
the child.
However, a court may not order an out-of-home placement if the person
has been convicted of a felony listed in IC 12-17.4-4-11 that is not
specifically excluded under subdivision (1)(B), or has a juvenile
adjudication for an act that would be a felony listed in IC 12-17.4-4-11
if committed by an adult that is not specifically excluded under
subdivision (1)(B).
(g) In making its written finding under subsection (f), the court shall
consider the following:
(1) The length of time since the person committed the offense,
delinquent act, or abuse or neglect.
(2) The severity of the offense, delinquent act, or abuse or neglect.
(3) Evidence of the person's rehabilitation, including the person's
cooperation with a treatment plan, if applicable.
out-of-home placement during the time the child would be placed
in the location.
The results of the criminal history check must be included in the
predispositional report.
(c) A probation officer or caseworker is not required to conduct a
criminal history check under this section if:
(1) the probation officer or caseworker is considering only an
out-of-home placement to an entity or facility that:
(A) is not a residence (as defined in IC 3-5-2-42.5); or
(B) is licensed by the state; or
(2) placement under this section is undetermined at the time the
predispositional report is prepared.
this chapter if a person who is:
(1) currently residing in the home in which the child would be
placed under section 1(3) or 1(4) of this chapter; or
(2) reasonably expected to be residing in the home in which the
child would be placed under section 1(3) or 1(4) of this chapter
during the time the child would be placed in the home;
has committed an act resulting in a substantiated report of child abuse
or neglect, has a juvenile adjudication for an act that would be a felony
listed in IC 12-17.4-4-11 if committed by an adult, or has a conviction
for a felony listed in IC 12-17.4-4-11.
(b) The juvenile court shall order the probation officer or
caseworker who prepared the predispositional report to conduct a
criminal history check (as defined in IC 31-9-2-22.5) to determine if
a person described in subsection (a)(1) or (a)(2) has committed an act
resulting in a substantiated report of child abuse or neglect has a
juvenile adjudication for an act that would be a felony listed in
IC 12-17.4-4-11 if committed by an adult, or has a conviction for a
felony listed in IC 12-17.4-4-11. However, the juvenile court is not
required to order a criminal history check under this section if criminal
history information under IC 31-34-4-2, IC 31-34-18-6.1, or
IC 31-34-19-7 establishes whether a person described in subsection
(a)(1) or (a)(2) has committed an act resulting in a substantiated report
of child abuse or neglect, has a juvenile adjudication for an act that
would be a felony listed in IC 12-17.4-4-11 if committed by an adult,
or has a conviction for a felony listed in IC 12-17.4-4-11.
(c) The court is not required to order a probation officer or
caseworker to conduct a criminal history check under subsection
(b) if the court orders an out-of-home placement to an entity or a
facility that is not a residence (as defined in IC 3-5-2-42.5) or that
is licensed by the state.
(c) (d) A court may enter a dispositional decree placing a child in
another home or award wardship to a county office of family and
children if:
(1) a person described in subsection (a)(1) or (a)(2) has:
(A) committed an act resulting in a substantiated report of
child abuse or neglect; or
(B) been convicted or had a juvenile adjudication for:
(i) reckless homicide (IC 35-42-1-5);
(ii) battery (IC 35-42-2-1) as a Class C or D felony;
(iii) criminal confinement (IC 35-42-3-3) as a Class C or D
felony;
(iv) arson (IC 35-43-1-1) as a Class C or D felony;
the child's parent, guardian, or custodian has complied with the
child's case plan.
(2) Written documentation containing descriptions of:
(A) the family services that have been offered or provided to
the child or the child's parent, guardian, or custodian;
(B) the dates during which the family services were offered or
provided; and
(C) the outcome arising from offering or providing the family
services.
(3) The extent of the efforts made by the county office of family
and children to offer and provide family services.
(4) The extent to which the parent, guardian, or custodian has
enhanced the ability to fulfill parental obligations.
(5) The extent to which the parent, guardian, or custodian has
visited the child, including the reasons for infrequent visitation.
(6) The extent to which the parent, guardian, or custodian has
cooperated with the county office of family and children or
probation department.
(7) The child's recovery from any injuries suffered before
removal.
(8) Whether any additional services are required for the child or
the child's parent, guardian, or custodian and, if so, the nature of
those services.
(9) The extent to which the child has been rehabilitated.
(10) If the child is placed out-of-home, whether the child is in the
least restrictive, most family-like setting, and whether the child is
placed close to the home of the child's parent, guardian, or
custodian.
(11) The extent to which the causes for the child's out-of-home
placement or supervision have been alleviated.
(12) Whether current placement or supervision by the county
office of family and children should be continued.
(13) The extent to which the child's parent, guardian, or custodian
has participated or has been given the opportunity to participate
in case planning, periodic case reviews, dispositional reviews,
placement of the child, and visitation.
(14) Whether the county office of family and children has made
reasonable efforts to reunify or preserve a child's family unless
reasonable efforts are not required under section 5.6 of this
chapter.
(15) Whether it is an appropriate time to prepare or implement a
permanency plan for the child under section 7.5 of this chapter.
the home of the child's parent, guardian, or custodian or
placement of the child with the child's noncustodial parent.
(B) Initiation of a proceeding by the agency or appropriate
person for termination of the parent-child relationship under
IC 31-35.
(C) Placement of the child for adoption.
(D) Placement of the child with a responsible person,
including:
(i) an adult sibling;
(ii) a grandparent;
(iii) an aunt;
(iv) an uncle; or
(v) another relative;
who is able and willing to act as the child's permanent
custodian and carry out the responsibilities required by the
permanency plan.
(E) Appointment of a legal guardian. The legal guardian
appointed under this section is a caretaker in a judicially
created relationship between the child and caretaker that is
intended to be permanent and self-sustaining as evidenced by
the transfer to the caretaker of the following parental rights
with respect to the child:
(i) Care, custody, and control of the child.
(ii) Decision making concerning the child's upbringing.
(F) Placement of the child in another planned, permanent
living arrangement.
(2) A time schedule for implementing the applicable provisions
of the permanency plan.
(3) Provisions for temporary or interim arrangements for care and
custody of the child, pending completion of implementation of the
permanency plan.
(4) Other items required to be included in a case plan under
IC 31-34-15 or federal law, consistent with the permanent or long
term arrangements described by the permanency plan.
(d) (e) A juvenile court may approve a permanency plan if:
(1) a person described in subsection (a)(1) or (a)(2) has:
(A) committed an act resulting in a substantiated report of
child abuse or neglect; or
(B) been convicted or had a juvenile adjudication for:
(i) reckless homicide (IC 35-42-1-5);
(ii) battery (IC 35-42-2-1) as a Class C or D felony;
(iii) criminal confinement (IC 35-42-3-3) as a Class C or D
felony;
(iv) arson (IC 35-43-1-1) as a Class C or D felony;
(v) a felony involving a weapon under IC 35-47 or
IC 35-47.5 as a Class C or D felony;
(vi) a felony relating to controlled substances under
IC 35-48-4 as a Class C or D felony; or
(vii) a felony that is substantially equivalent to a felony
listed in items (i) through (vi) for which the conviction was
entered in another state; and
(2) the court makes a written finding that the person's commission
of the offense, delinquent act, or act of abuse or neglect described
in subdivision (1) is not relevant to the person's present ability to
care for a child, and that approval of the permanency plan is in the
best interest of the child.
However, a court may not approve a permanency plan if the person has
been convicted of a felony listed in IC 12-17.4-4-11 that is not
specifically excluded under subdivision (1)(B), or has a juvenile
adjudication for an act that would be a felony listed in IC 12-17.4-4-11
if committed by an adult that is not specifically excluded under
subdivision (1)(B).
(e) (f) In making its written finding under subsection (d), (e), the
court shall consider the following:
(1) The length of time since the person committed the offense,
delinquent act, or act that resulted in the substantiated report of
abuse or neglect.
(2) The severity of the offense, delinquent act, or abuse or neglect.
(3) Evidence of the person's rehabilitation, including the person's
cooperation with a treatment plan, if applicable.
out-of-home placement, including placement with a blood or an
adoptive relative caretaker, the probation officer or caseworker must
conduct a criminal history check (as defined in IC 31-9-2-22.5) for
each person who:
(1) is currently residing in the location designated as the
out-of-home placement; or
(2) in the reasonable belief of the probation officer or caseworker,
is expected to be residing in the location designated as the
out-of-home placement during the time the child would be placed
in the location.
The results of the criminal history check must be included in the
predispositional report.
(c) A probation officer or caseworker is not required to conduct a
criminal history check under this section if:
(1) the probation officer or caseworker is considering only an
out-of-home placement to an entity or a facility that:
(A) is not a residence (as defined in IC 3-5-2-42.5); or
(B) is licensed by the state; or
(2) placement under this section is undetermined at the time the
predispositional report is prepared.
resulting in a substantiated report of child abuse or neglect, has a
juvenile adjudication for an act that would be a felony listed in
IC 12-17.4-4-11 if committed by an adult, or has a conviction for a
felony listed in IC 12-17.4-4-11. However, the juvenile court is not
required to order a criminal history check under this section if criminal
history information under IC 31-37-17-6.1 establishes whether a person
described in subsection (a)(1) or (a)(2) has committed an act resulting
in a substantiated report of child abuse or neglect, has a juvenile
adjudication for an act that would be a felony listed in IC 12-17.4-4-11
if committed by an adult, or has a conviction for a felony listed in
IC 12-17.4-4-11.
(c) The court is not required to order a probation officer or
caseworker to conduct a criminal history check under subsection
(b) if the court orders an out-of-home placement to an entity or a
facility that is not a residence (as defined in IC 3-5-2-42.5) or that
is licensed by the state.
(c) (d) The juvenile court may enter a dispositional decree placing
a child in another home under section 1(3) or 6(b)(2)(D) of this chapter
or awarding wardship to the county office of family and children that
results in a placement with a person under section 1(4) or 6(b)(2)(E) of
this chapter if:
(1) a person described in subsection (a)(1) or (a)(2) has:
(A) committed an act resulting in a substantiated report of
child abuse or neglect; or
(B) been convicted or had a juvenile adjudication for:
(i) reckless homicide (IC 35-42-1-5);
(ii) battery (IC 35-42-2-1) as a Class C or D felony;
(iii) criminal confinement (IC 35-42-3-3) as a Class C or D
felony;
(iv) arson (IC 35-43-1-1) as a Class C or D felony;
(v) a felony involving a weapon under IC 35-47 or
IC 35-47.5 as a Class C or D felony;
(vi) a felony relating to controlled substances under
IC 35-48-4 as a Class C or D felony; or
(vii) a felony that is substantially equivalent to a felony
listed in items (i) through (vi) for which the conviction was
entered in another state; and
(2) the court makes a written finding that the person's commission
of the offense, delinquent act, or act of abuse or neglect described
in subdivision (1) is not relevant to the person's present ability to
care for a child, and that entry of a dispositional decree placing
the child in another home is in the best interest of the child.