SB 287-4_ Filed 02/27/2012, 10:20 Day


Text Box


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    WITHDRAWN        Noes _______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


[

HOUSE MOTION ____

]

MR. SPEAKER:

    I move that Engrossed Senate Bill 287 be amended to read as follows:

    Delete the title and insert the following:
    A BILL FOR AN ACT to amend the Indiana Code concerning family law and juvenile law and to make an appropriation.

SOURCE: Page 1, line 1; (12)MO028705.1. -->     Page 1, between the enacting clause and line 1, begin a new paragraph and insert:
SOURCE: IC 2-5.5-6; (12)MO028705.1. -->     "SECTION 1. IC 2-5.5-6 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]:
    Chapter 6. Department of Child Services Oversight Committee
    Sec. 1. As used in this chapter, "committee" refers to the department of child services oversight committee established by this chapter.
    Sec. 2. The department of child services oversight committee is established.
    Sec. 3. (a) The committee shall do all of the following:
        (1) Oversee the implementation of legislation enacted by the general assembly concerning the department of child services.
        (2) Review and study constituent issues concerning the department of child services.
        (3) Review best practices concerning child welfare, child mental health, and delinquent children.
        (4) Receive and review status reports from the department of child services ombudsman.
        (5) Study issues concerning the department of child services

centralized hotline, including a review of the assessment and referral process that occurs after a telephone call is received by the hotline.
        (6) Make legislative recommendations concerning the department of child services.
    Sec. 4. The committee consists of the following members:
        (1) Two (2) members of the house of representatives appointed by the speaker of the house of representatives.
        (2) Two (2) members of the house of representatives appointed by the minority leader of the house of representatives.
        (3) Two (2) members of the senate appointed by the president pro tempore of the senate.
        (4) Two (2) members of the senate appointed by the minority leader of the senate.
        (5) One (1) juvenile or family court judge appointed by the speaker of the house of representatives.
        (6) One (1) juvenile or family court judge appointed by the minority leader of the house of representatives.
        (7) One (1) juvenile or family court judge appointed by the president pro tempore of the senate.
        (8) One (1) juvenile or family court judge appointed by the minority leader of the senate.
    Sec. 5. (a) The president pro tempore of the senate shall appoint a member of the committee to serve as chairperson of the commission from July 1, 2012 through June 30, 2013.
    (b) The speaker of the house of representatives shall appoint a member of the committee to serve as chairperson of the commission from July 1, 2013 through July 1, 2014.
    Sec. 6. (a) The legislative services agency shall provide administrative support for the committee.
    (b) There is annually appropriated to the legislative services agency from the state general fund money necessary for the operation of the committee.
    Sec. 7. Six (6) committee members constitute a quorum. The affirmative votes of at least six (6) committee members are necessary for the committee to take official action.
    Sec. 8. The committee shall meet at the call of the chair and at other times as the committee considers necessary. The committee shall meet at least once every three (3) months.
    Sec. 9. (a) Each member of the committee who is not a state employee and is not a member of the general assembly is entitled to the following:
        (1) The salary per diem provided under IC 4-10-11-2.1(b).
        (2) Reimbursement for traveling expenses as provided under IC 4-13-1-4.
    (b) Each member of the committee who is a state employee but

not a member of the general assembly is entitled to the following:
        (1) Reimbursement for traveling expenses as provided under IC 4-13-1-4.
        (2) Other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.
    (c) Each member of the committee who is a member of the general assembly is entitled to the same:
        (1) per diem;
        (2) mileage; and
        (3) travel allowances;
paid to legislative members of interim study committees established by the legislative council.

    Sec. 10. (a) Except as provided in subsection (b), meetings of the committee are open to the public.
    (b) Except as provided in subsection (d), a meeting of the committee that involves:
        (1) confidential records; or
        (2) identifying information regarding the death of a child that is confidential under state or federal law;
shall be held as an executive session.
    (c) If a meeting is held as an executive session under subsection (b), each individual who:
        (1) attends the meeting; and
        (2) is not a member of the statewide child fatality review committee;
shall sign a confidentiality statement prepared by the legislative services agency. The committee shall keep all confidentiality statements signed under this subsection.
    (d) A majority of the members of the committee may vote to disclose any report or part of a report regarding a fatality review to the public if the information is in the general public interest as determined by the committee.

    Sec. 11. This chapter expires July 1, 2014.".

SOURCE: Page 4, line 36; (12)MO028705.4. -->     Page 4, between lines 36 and 37, begin a new paragraph and insert:
SOURCE: IC 4-13-19-7.5; (12)MO028705.4. -->     "SECTION 4. IC 4-13-19-7.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 7.5. (a) The department of child services ombudsman or the ombudsman's designee shall:
        (1) attend meetings of; and
        (2) provide status reports to;

the department of child services oversight committee established by IC 2-5.5-6.
    (b) This chapter expires July 1, 2014.
SOURCE: IC 4-13-19-10; (12)MO028705.5. -->     SECTION 5. IC 4-13-19-10, AS ADDED BY P.L.182-2009(ss), SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE

JULY 1, 2012]: Sec. 10. (a) The office of the department of child services ombudsman shall prepare a report each year on the operations of the office.
    (b) The office of the department of child services ombudsman shall include the following information in the annual report required under subsection (a):
        (1) The office of the department of child services ombudsman's activities.
        (2) The general status of children in Indiana, including:
            (A) the health and education of children; and
            (B) the administration or implementation of programs for children.
        (3) Any other issues, concerns, or information concerning children.
    (c) A copy of the report shall be provided to the following:
        (1) The governor.
        (2) The legislative council.
        (3) The Indiana department of administration.
        (4) The department of child services.
         (5) The members of the department of child services oversight committee established by IC 2-5.5-6.
A report provided under this subsection to the legislative council must be in an electronic format under IC 5-14-6.
    (d) A copy of the report shall be posted on the department of child services' Internet web site and on any Internet web site maintained by the office of the department of child services ombudsman.
    (e) An initial report summarizing the activities of the department of child services ombudsman shall be completed by no later than December 1, 2009, and a copy of the report shall be posted on the department of child services' Internet web site and on any Internet web site maintained by the office of the department of child services ombudsman, and shall be provided to the following:
        (1) The governor.
        (2) The legislative council.
        (3) The Indiana department of administration.
        (4) The department of child services.



A report provided under this subsection to the legislative council must be in an electronic format under IC 5-14-6. This subsection expires December 31, 2009.".
    Renumber all SECTIONS consecutively.
    (Reference is to ESB 287 as printed February 24, 2012.)

________________________________________

Representative Day


MO028705/DI 107     2012