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    WITHDRAWN        Noes _______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:

SOURCE: Page 115, line 16; (12)MO028718.115. -->     Page 115, line 16, strike "section" and insert " sections".
    Page 115, line 16, after "1.5" insert " and 1.8".
    Page 118, between lines 33 and 34, begin a new paragraph and insert:
SOURCE: IC 31-33-18-1.8; (12)MO028718.155. -->     "SECTION 155. IC 31-33-18-1.8 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1.8. A prosecuting attorney is entitled to an unredacted copy of any department record concerning a child who:
        (1) resides;
        (2) has resided; or
        (3) has been involved in an incident that the department has investigated;
in the prosecuting attorney's county.

SOURCE: IC 31-33-18-2; (12)MO028718.156. -->     SECTION 156. IC 31-33-18-2, AS AMENDED BY P.L.182-2009(ss), SECTION 380, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. The reports and other material described in section 1(a) of this chapter and the unredacted reports and other material described in section 1(b) of this chapter shall be made available only to the following:
        (1) Persons authorized by this article.
        (2) A legally mandated public or private child protective agency investigating a report of child abuse or neglect or treating a child or family that is the subject of a report or record.
        (3) A police or other law enforcement agency prosecuting attorney, or coroner in the case of the death of a child who is investigating a report of a child who may be a victim of child abuse or neglect.
        (4) A physician who has before the physician a child whom the physician reasonably suspects may be a victim of child abuse or neglect.
        (5) An individual legally authorized to place a child in protective custody if:
            (A) the individual has before the individual a child whom the individual reasonably suspects may be a victim of abuse or neglect; and
            (B) the individual requires the information in the report or record to determine whether to place the child in protective custody.
        (6) An agency having the legal responsibility or authorization to care for, treat, or supervise a child who is the subject of a report or record or a parent, guardian, custodian, or other person who is responsible for the child's welfare.
        (7) An individual named in the report or record who is alleged to be abused or neglected or, if the individual named in the report is a child or is otherwise incompetent, the individual's guardian ad litem or the individual's court appointed special advocate, or both.
        (8) Each parent, guardian, custodian, or other person responsible for the welfare of a child named in a report or record and an attorney of the person described under this subdivision, with protection for the identity of reporters and other appropriate individuals.
        (9) A court, for redaction of the record in accordance with section 1.5 of this chapter, or upon the court's finding that access to the records may be necessary for determination of an issue before the court. However, except for disclosure of a redacted record in accordance with section 1.5 of this chapter, access is limited to in camera inspection unless the court determines that public disclosure of the information contained in the records is necessary for the resolution of an issue then pending before the court.
        (10) A grand jury upon the grand jury's determination that access to the records is necessary in the conduct of the grand jury's official business.
        (11) An appropriate state or local official responsible for child protection services or legislation carrying out the official's official functions.
        (12) A foster care review board established by a juvenile court under IC 31-34-21-9 (or IC 31-6-4-19 before its repeal) upon the court's determination that access to the records is necessary to enable the foster care review board to carry out the board's

purpose under IC 31-34-21.
        (13) The community child protection team appointed under IC 31-33-3 (or IC 31-6-11-14 before its repeal), upon request, to enable the team to carry out the team's purpose under IC 31-33-3.
        (14) A person about whom a report has been made, with protection for the identity of:
            (A) any person reporting known or suspected child abuse or neglect; and
            (B) any other person if the person or agency making the information available finds that disclosure of the information would be likely to endanger the life or safety of the person.
        (15) An employee of the department, a caseworker, or a juvenile probation officer conducting a criminal history check under IC 31-26-5, IC 31-34, or IC 31-37 to determine the appropriateness of an out-of-home placement for a:
            (A) child at imminent risk of placement;
            (B) child in need of services; or
            (C) delinquent child.
        The results of a criminal history check conducted under this subdivision must be disclosed to a court determining the placement of a child described in clauses (A) through (C).
        (16) A local child fatality review team established under IC 31-33-24-6.
        (17) The statewide child fatality review committee established by IC 31-33-25-6.
        (18) The department.
        (19) The division of family resources, if the investigation report:
            (A) is classified as substantiated; and
            (B) concerns:
                (i) an applicant for a license to operate;
                (ii) a person licensed to operate;
                (iii) an employee of; or
                (iv) a volunteer providing services at;
        a child care center licensed under IC 12-17.2-4 or a child care home licensed under IC 12-17.2-5.

        (20) A citizen review panel established under IC 31-25-2-20.4.
        (21) The department of child services ombudsman established by IC 4-13-19-3.".
    Renumber all SECTIONS consecutively.
    (Reference is to ESB 287 as printed February 24, 2012.)

________________________________________

Representative DeLaney


MO028718/DI 107     2012