Citations Affected: IC 31-36; IC 34-30.
Synopsis: Youth shelters. Provides that an emergency shelter, a shelter
care facility, or a program that provides services to homeless or low
income individuals may provide shelter and certain other related
services or items to a child without the permission of the child's parent,
guardian, or custodian. Provides immunity from civil liability for a
youth shelter and its director, employees, agents, and volunteers for any
act or omission related to admitting, caring for, or releasing a runaway
or homeless youth.
Effective: July 1, 2009.
January 8, 2009, read first time and referred to Committee on Family, Children and Human
January 29, 2009, reported _ Do Pass.
February 2, 2009, read second time, ordered engrossed. Engrossed.
February 12, 2009, read third time, passed. Yeas 93, nays 0.
A BILL FOR AN ACT to amend the Indiana Code concerning
juvenile law and civil procedure.
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]:
Chapter 25. Immunity for Youth Shelters
Sec. 1. As used in this chapter, "necessary services" means the following:
(1) Engaging in outreach services to locate and assist runaway or homeless youths.
(2) Providing food and access to overnight shelter to a runaway or homeless youth.
(3) Counseling a runaway or homeless youth to address immediate psychological or emotional problems.
(4) Screening a runaway or homeless youth for basic health needs and referring a runaway or homeless youth to public and private agencies for health care.
(5) Providing long term planning, placement, and follow-up services to a runaway or homeless youth.
(6) Referring a runaway or homeless youth to any other assistance or services offered by public and private agencies.
Sec. 2. As used in this chapter, "runaway or homeless youth" means an individual who:
(A) at least twelve (12) years of age; and
(B) less than eighteen (18) years of age;
(2) is unemancipated;
(3) is mentally competent; and
(4) lives in a situation described in:
(A) 42 U.S.C. 11434a(2)(B)(ii); or
(B) 42 U.S.C. 11434a(2)(B)(iii);
with or without the consent or knowledge of the individual's parent, guardian, or custodian.
Sec. 3. As used in this chapter, "youth shelter" means an entity that:
(1) is not operated for profit; and
(2) provides, at a minimum, necessary services to runaway or homeless youths.
Sec. 4. Except as provided in section 5 of this chapter, a youth shelter and the director, employees, agents, and volunteers of a youth shelter are immune from civil liability resulting from any act or omission related to:
(1) admitting a runaway or homeless youth to;
(2) caring for a runaway or homeless youth at; or
(3) releasing a runaway or homeless youth from;
the youth shelter.
Sec. 5. This chapter does not grant immunity from civil liability to a person who commits an act that amounts to gross negligence or willful and wanton misconduct.