Introduced Version
SENATE BILL No. 91
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 31-9-2; IC 31-28-5; IC 34-30-2-133.
Synopsis: Foster care sibling visitation. Requires the department of
child services (DCS) to promote sibling visitation for every child who
receives foster care. Allows a sibling to request sibling visitation if one
of the siblings is receiving foster care. Requires DCS to allow sibling
visitation if it is in the best interests of the child receiving foster care.
Provides that if DCS denies a request for sibling visitation, an
individual may petition a juvenile court for sibling visitation. Requires
a court to grant sibling visitation if the court determines sibling
visitation is in the best interests of the child who receives foster care.
Permits a court to appoint a guardian ad litem or a court appointed
special advocate if a child requesting sibling visitation is receiving
foster care. Provides that a guardian ad litem or court appointed special
advocate appointed in a sibling visitation case is immune from civil
liability, except for gross misconduct. (The introduced version of this
bill was prepared by the interim study committee on missing children.)
Effective: July 1, 2008.
Delph, Becker, Howard, Skinner,
Sipes, Waterman
January 8, 2008, read first time and referred to Committee on Judiciary.
Introduced
Second Regular Session 115th General Assembly (2008)
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SENATE BILL No. 91
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 31-9-2-28; (08)IN0091.1.1. -->
SECTION 1. IC 31-9-2-28 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 28. "Court appointed
special advocate", for purposes of IC 31-15-6, IC 31-17-6, IC 31-19-16,
IC 31-19-16.5, IC 31-28-5, and the juvenile law, means a community
volunteer who:
(1) has completed a training program approved by the court;
(2) has been appointed by a court to represent and protect the best
interests of a child; and
(3) may research, examine, advocate, facilitate, and monitor a
child's situation.
SOURCE: IC 31-9-2-50; (08)IN0091.1.2. -->
SECTION 2. IC 31-9-2-50 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 50. "Guardian ad
litem", for purposes of IC 31-15-6, IC 31-16-3, IC 31-19-16,
IC 31-19-16.5, IC 31-28-5, and the juvenile law, means an attorney, a
volunteer, or an employee of a county program designated under
IC 33-24-6-4 who is appointed by a court to:
(1) represent and protect the best interests of a child; and
(2) provide the child with services requested by the court,
including:
(A) researching;
(B) examining;
(C) advocating;
(D) facilitating; and
(E) monitoring;
the child's situation.
A guardian ad litem who is not an attorney must complete the same
court approved training program that is required for a court appointed
special advocate under section 28 of this chapter.
SOURCE: IC 31-9-2-117.3; (08)IN0091.1.3. -->
SECTION 3. IC 31-9-2-117.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 117.3. "Sibling", for purposes of
IC 31-28-5, means a brother or sister by blood, half-blood, or
adoption.
SOURCE: IC 31-28-5; (08)IN0091.1.4. -->
SECTION 4. IC 31-28-5 IS ADDED TO THE INDIANA CODE AS
A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2008]:
Chapter 5. Foster Care Sibling Visitation
Sec. 1. This chapter applies to:
(1) a child who receives foster care that is funded by the
department or a county office; and
(2) a sibling of a child described in subdivision (1).
Sec. 2. The department shall make reasonable efforts to promote
sibling visitation for every child who receives foster care, including
visitation when one (1) sibling receives foster care and another
sibling does not.
Sec. 3. A child may request the department to permit the child
to have visitation with the child's sibling if the child or the child's
sibling, or both, receive foster care. If the department finds that the
sibling visitation is in the best interests of each child who receives
foster care, the department shall permit the sibling visitation and
establish a sibling visitation schedule.
Sec. 4. (a) If the department denies a request for sibling
visitation under section 3 of this chapter, any individual may
petition the juvenile court with jurisdiction in the county in which
the child receiving foster care is located for an order requiring
sibling visitation.
(b) If the juvenile court determines it is in the best interests of
the child receiving foster care to have sibling visitation, the juvenile
court shall order sibling visitation and establish a schedule for the
sibling visitation.
Sec. 5. (a) The juvenile court may appoint a guardian ad litem
or court appointed special advocate if a child receiving foster care
requests sibling visitation.
(b) A guardian ad litem or court appointed special advocate
shall represent and protect the best interests of the child.
(c) A guardian ad litem or court appointed special advocate
serves until the court enters an order for removal.
(d) A guardian ad litem or court appointed special advocate, or
both, are considered officers of the court for the purpose of
representing the child's interests.
(e) A guardian ad litem or court appointed special advocate may
be represented by an attorney. If necessary to protect the child's
interests, the court may appoint an attorney to represent the
guardian ad litem or court appointed special advocate.
(f) A guardian ad litem or court appointed special advocate
appointed by a court under this chapter may subpoena witnesses
and present evidence regarding sibling visitation.
(g) Except for gross misconduct:
(1) a guardian ad litem;
(2) a court appointed special advocate;
(3) an employee of a county guardian ad litem or court
appointed special advocate program; or
(4) a volunteer for a guardian ad litem or court appointed
special advocate program;
who performs duties in good faith is immune from any civil
liability that occurs as a result of the person's performance.
SOURCE: IC 34-30-2-133; (08)IN0091.1.5. -->
SECTION 5. IC 34-30-2-133 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 133. IC 31-15-6-8,
IC 31-17-6-8,
IC 31-28-5-5, and IC 31-32-3-10 (Concerning a person
acting as guardian ad litem or court appointed special advocate).