SB 59-3_ Filed 02/24/2010, 07:47 Noe


Text Box


    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


[

HOUSE MOTION ____

]

MR. SPEAKER:

    I move that Engrossed Senate Bill 59 be amended to read as follows:

    Replace the effective dates in SECTIONS 1 through 12 with "[EFFECTIVE JULY 1, 2010]".

SOURCE: Page 4, line 4; (10)MO005908.4. -->     Page 4, line 4, after "(4)" insert " subject to subsection (c),".
    Page 4, between lines 12 and 13, begin a new paragraph and insert:
    " (c) A grandparent or great-grandparent has standing to seek visitation rights under subsection (a)(4) only if a parent has relinquished physical control and care of the child to the petitioning grandparent or great-grandparent for a substantial time.".
    Page 4, delete lines 13 through 42, begin a new paragraph and insert:
SOURCE: IC 31-17-5-2; (10)MO005908.7. -->     "SECTION 7. IC 31-17-5-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 2. (a) For purposes of this chapter, there is a rebuttable presumption that a parent acts in the best interests of the parent's child.
     (b) A grandparent or a great-grandparent may not be granted visitation rights unless the grandparent or great-grandparent rebuts the presumption under subsection (a).
    (a) (c) The court may grant visitation rights if the court determines that the grandparent or great-grandparent has rebutted the presumption under subsection (a) and that visitation rights are in the best interests of the child. In determining the best interests of the child, the court shall consider all relevant factors, including the following:
        (1) The age and sex of the child.
        (2) The wishes of the child's parent, parents, grandparent, grandparents, great-grandparent, or great-grandparents.
        (3) The wishes of the child, with more consideration given to the child's wishes if the child is at least fourteen (14) years of age.
        (4) The interaction and interrelationship of the child with:
            (A) the child's parent or parents; and
            (B) the child's grandparent, grandparents, great-grandparent, or great-grandparents.
        (5) The mental and physical health of all individuals involved.
        (6) Evidence of a pattern of domestic or family violence by the child's grandparent, grandparents, great-grandparent, or great-grandparents.
        (7) Evidence that the child has been cared for by the child's
grandparent, grandparents, great-grandparent, or great-grandparents.
    (b) (d) In determining the best interests of the child under this section for a grandparent or great-grandparent seeking visitation under section 1(a)(1) through 1(a)(3) of this chapter, the court may consider whether a grandparent or great-grandparent has had or has attempted to have meaningful contact with the child.
    (c) (e) The court may interview the child in chambers to assist the court in determining the child's perception of whether visitation by a grandparent or great-grandparent is in the best interests of the child.
    (d) (f) The court may permit counsel to be present at the interview. If counsel is present:
        (1) a record may be made of the interview; and
        (2) the interview may be made part of the record for purposes of appeal.".
SOURCE: Page 5, line 1; (10)MO005908.5. -->     Page 5, delete lines 1 through 6.
    Page 6, delete line 28.
    Renumber all SECTIONS consecutively.
    (Reference is to ESB 59 as printed February 22, 2010.)

________________________________________

Representative Noe


MO005908/DI 110     2010