HB 1536-1_ Filed 02/17/2009, 16:02


Text Box

Adopted Rejected


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COMMITTEE REPORT


                                                        YES:

10

                                                        NO:
0

MR. SPEAKER:
    Your Committee on       Judiciary     , to which was referred       House Bill 1536     , has had the same under consideration and begs leave to report the same back to the House with the recommendation that said bill be amended as follows:

SOURCE: Page 1, line 2; (09)AM153607.1. -->     Page 1, line 2, delete "JULY" and insert "JANUARY 1, 2010]:".
    Page 1, line 3, delete "1, 2009]:".
    Page 1, line 7, after "facility;" insert " or".
    Page 1, line 8, after "facility;" insert " and".
    Page 1, delete lines 9 through 10.
    Page 1, line 12, after "federal" insert " Medicaid".
    Page 1, line 14, delete "office" and insert " division of family resources, upon notice that a child has been adjudicated to be a delinquent child and placed in a facility described in subsection (a)(2),".
    Page 1, line 15, delete "instead of" and insert " for up to six (6) months before".
    Page 1, line 16, delete "Before a child is released from the placement described in" and insert " If the division of family

resources receives:
        (1) a dispositional decree under IC 31-37-19-28; or
        (2) a modified disposition order under IC 31-37-22-9;
and the department of correction gives the division at least forty (40) days notice that a child will be released from a facility described in subsection (a)(2)(C), the division of family resources shall take action necessary to ensure that a child described in subsection (a) is eligible to participate in the Medicaid program upon the child's release, if the child is eligible to participate.
".
    Page 1, delete line 17.
    Page 2, delete lines 1 through 4, begin a new paragraph and insert:

SOURCE: IC 31-37-17-1; (09)AM153607.2. -->     "SECTION 2. IC 31-37-17-1, AS AMENDED BY P.L.146-2008, SECTION 637, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. (a) Upon finding that a child is a delinquent child, the juvenile court shall order a probation officer to prepare a predispositional report that contains:
        (1) a statement of the needs of the child for care, treatment, rehabilitation, or placement;
        (2) a recommendation for the care, treatment, rehabilitation, or placement of the child;
        (3) if the recommendation includes:
            (A) an out-of-home placement other than a secure detention facility; or
            (B) services payable by the department under IC 31-40-1-2;
        information that the department requires to determine whether the child is eligible for assistance under Title IV-E of the federal Social Security Act (42 U.S.C. 670 et seq.); and
        (4) a statement of the department's concurrence with or its alternative proposal to the probation officer's predispositional report, as provided in section 1.4 of this chapter; and
        (5) a statement of whether the child receives Medicaid.

    (b) Any of the following may prepare an alternative report for consideration by the court:
        (1) The child.
        (2) The child's:
            (A) parent;
            (B) guardian;
            (C) guardian ad litem;
            (D) court appointed special advocate; or
            (E) custodian.
SOURCE: IC 31-37-19-28; (09)AM153607.3. -->     SECTION 3. IC 31-37-19-28 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 28. (a) This section applies if a predispositional report indicates that a child receives Medicaid and a court places the child in:
         (1) a juvenile detention facility; or
        (2) a secure facility.
    (b) The court shall immediately provide a copy of the dispositional decree to the division of family resources.

SOURCE: IC 31-37-22-9; (09)AM153607.4. -->     SECTION 4. IC 31-37-22-9 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 9. If:
        (1) a juvenile court modifies its disposition order under this chapter;
        (2) the child named in the order received Medicaid before disposition as indicated by the predispositional report; and
        (3) the juvenile court previously placed or intends to place the child in:
            (A) a juvenile detention facility; or
            (B) a secure facility;
the court shall immediately provide a copy of the modified dispositional decree to the division of family resources.
".
SOURCE: Page 2, line 9; (09)AM153607.2. -->     Page 2, line 9, delete "for any amendment to the state" and insert " to amend the state Medicaid plan if the office determines the amendment is necessary to carry out IC 12-15-1-20, as added by
this act.
".
    Page 2, delete lines 10 through 11.
    Renumber all SECTIONS consecutively.
    (Reference is to HB 1536 as introduced.)

and when so amended that said bill do pass.

__________________________________

Representative Lawson L


AM153607/DI 107    2009