Introduced Version






SENATE BILL No. 585

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 12-17.4-4; IC 31-19-2.

Synopsis: Homosexuals as foster or adoptive parents. Prohibits a homosexual from being a foster parent or adopting.

Effective: July 1, 2005.





Waterman




    January 20, 2005, read first time and referred to Committee on Judiciary.







Introduced

First Regular Session 114th General Assembly (2005)


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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SENATE BILL No. 585



    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:

     SECTION 1. IC 12-17.4-4-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3. (a) An applicant must apply for a foster family home license on forms provided by the division.
    (b) An applicant must submit the required information as part of the application.
    (c) An applicant must submit with the application a statement attesting the following:
        (1) That the applicant has not been convicted of:
            (A) a felony; or
            (B) a misdemeanor relating to the health and safety of children.
        (2) That the applicant has not been charged with:
            (A) a felony; or
            (B) a misdemeanor relating to the health and safety of children;
        during the pendency of the application.


         (3) That the applicant is not a homosexual.
    (d) An applicant shall submit the necessary information, forms, or consents for the division to conduct a criminal history check.
    (e) An applicant shall do the following:
        (1) Conduct a criminal history check of:
            (A) the applicant's employees and volunteers at the home, if any; and
            (B) all household members who are at least eighteen (18) years of age.
SOURCE: IC 12-17.4-4-4.5; (05)IN0585.1.2. -->     SECTION 2. IC 12-17.4-4-4.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 4.5. The division may not grant a license to operate a foster family home to an individual who is a homosexual.
SOURCE: IC 31-19-2-3.5; (05)IN0585.1.3. -->     SECTION 3. IC 31-19-2-3.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3.5. (a) An individual who is a homosexual may not file a petition for adoption.
    (b) A court may not grant an adoption petition if the petitioner is a homosexual.

     SECTION 4. IC 31-19-2-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 6. A petition for adoption must specify the following:
        (1) The:
            (A) name if known;
            (B) sex, race, and age if known, or if unknown, the approximate age; and
            (C) place of birth;
        of the child sought to be adopted.
        (2) The new name to be given the child if a change of name is desired.
        (3) Whether or not the child possesses real or personal property and, if so, the value and full description of the property.
        (4) The:
            (A) name, age, and place of residence of a petitioner for adoption; and
            (B) if married, place and date of their marriage.
        (5) The name and place of residence, if known to the petitioner for adoption, of:
            (A) the parent or parents of the child;
            (B) if the child is an orphan:
                (i) the guardian; or
                (ii) the nearest kin of the child if the child does not have a guardian;
            (C) the court or agency of which the child is a ward if the child is a ward; or
            (D) the agency sponsoring the adoption if there is a sponsor.
        (6) The time, if any, during which the child lived in the home of the petitioner for adoption.
        (7) Whether the petitioner for adoption has been convicted of:
            (A) a felony; or
            (B) a misdemeanor relating to the health and safety of children;
        and, if so, the date and description of the conviction.
         (8) Whether the petitioner for adoption is a homosexual.
        (8) (9) Additional information consistent with the purpose and provisions of this article that is considered relevant to the proceedings, including whether:
            (A) a petitioner for adoption is seeking aid; and
            (B) the willingness of the petitioner for adoption to proceed with the adoption is conditioned on obtaining aid.