SB 286-5_ Filed 01/19/2012, 09:52 Lawson C
Adopted 1/26/2012

SENATE MOTION


MADAM PRESIDENT:

    I move
that Senate Bill 286 be amended to read as follows:

SOURCE: Page 12, line 24; (12)MO028606.12. -->     Page 12, between lines 24 and 25, begin a new paragraph and insert:
SOURCE: IC 31-9-2-28; (12)MO028606.7. -->     "SECTION 7. IC 31-9-2-28, AS AMENDED BY P.L.133-2008, SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 28. (a) "Court appointed special advocate", for purposes of IC 31-15-6, IC 31-17-6, IC 31-19-16, IC 31-19-16.5, IC 31-28-5, and the juvenile law, means a community volunteer who:
        (1) has completed a training program approved by the court;
        (2) has been appointed by a court to represent and protect the best interests of a child; and
        (3) may research, examine, advocate, facilitate, and monitor a child's situation.
     (b) "Court appointed special advocate", for purposes of IC 31-33, IC 31-34, IC 31-35, and IC 31-37, means a community volunteer who:
        (1) has completed a training program approved by the court that includes training in:
            (A) the identification and treatment of child abuse and neglect; and
            (B) early childhood, child, and adolescent development;
        as required by 42 U.S.C. 5106a(b)(2)(B)(xiii);
        (2) has been appointed by a court to represent and protect the best interests of a child; and
        (3) may research, examine, advocate, facilitate, and monitor a child's situation.
".
SOURCE: Page 12, line 36; (12)MO028606.12. -->     Page 12, line 36, strike "(a)".
    Page 13, between lines 32 and 33, begin a new paragraph and insert:
SOURCE: IC 31-9-2-50; (12)MO028606.11. -->     "SECTION 11. IC 31-9-2-50, AS AMENDED BY P.L.1-2010, SECTION 115, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 50. (a) "Guardian ad litem", for purposes of IC 31-15-6, IC 31-19-16, IC 31-19-16.5, IC 31-28-5, and

the juvenile law, means an attorney, a volunteer, or an employee of a county program designated under IC 33-24-6-4 who is appointed by a court to:
        (1) represent and protect the best interests of a child; and
        (2) provide the child with services requested by the court, including:
            (A) researching;
            (B) examining;
            (C) advocating;
            (D) facilitating; and
            (E) monitoring;
        the child's situation.
A guardian ad litem who is not an attorney must complete the same court approved training program that is required for a court appointed special advocate under section 28 of this chapter.
     (b) "Guardian ad litem", for purposes of IC 31-33, IC 31-34, IC 31-35 and IC 31-37, means an attorney, a volunteer, or an employee of a county program designated under IC 33-24-6-4 who:
        (1) is appointed by a court to represent and protect the best interests of a child;
        (2) is appointed by a court to provide the child with services requested by the court, including:
            (A) researching;
            (B) examining;
            (C) advocating;
            (D) facilitating; and
            (E) monitoring;
        the child's situation; and
        (3) has completed training appropriate for the person's role, including training in:
            (A) the identification and treatment of child abuse and neglect; and
            (B) early childhood, child, and adolescent development;
        as required by 42 U.S.C. 5106a(b)(2)(B)(xiii).
A guardian ad litem who is not an attorney must complete the same court approved training program that is required for a court appointed special advocate under section 28 of this chapter.
".

SOURCE: Page 14, line 17; (12)MO028606.14. -->     Page 14, line 17, delete "IC 31-37-19-1.5 and IC 31-34-15-2," and insert " IC 31-25-2-23,".
    Page 14, line 18, delete "process for evaluating" and insert " committee that reviews".
    Page 14, between lines 23 and 24, begin a new paragraph and insert:
SOURCE: IC 31-9-2-117; (12)MO028606.12. -->     "SECTION 12. IC 31-9-2-117, AS AMENDED BY P.L.145-2006, SECTION 214, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 117. (a) Except as provided in subsection (b), "shelter care facility", for purposes of the juvenile law,

means a place of residence that:
        (1) is licensed under the laws of any state; and
        (2) is not locked to prevent a child's departure unless the administrator determines that locking is necessary to protect the child's health.
    (b) "Shelter care facility", for purposes of IC 31-27-3 and IC 31-27-5, means a child caring institution or group home that provides temporary service for not more than sixty (60) twenty (20) consecutive days to a child:
        (1) who is admitted to a residential facility on an emergency basis;
        (2) for twenty-four (24) hours a day; and
        (3) who is:
            (A) is not the child, stepchild, grandchild, niece, nephew, or sibling of the individual providing care and supervision;
            (B) is separated from the child's parent, stepparent, guardian, custodian, or other relative; and
            (C) is:
            (i) (A) receiving care and supervision under an order of a juvenile court;
            (ii) (B) voluntarily placed by the parent or guardian of the child; or
            (iii) (C) self-referred.".

SOURCE: Page 15, line 4; (12)MO028606.15. -->     Page 15, line 4, delete "IC 31-28-5.8-1;" and insert " IC 31-28-5.8;".
    Page 18, line 31, delete "IC 31-28-5.8-1." and insert " IC 31-28-5.8.".
    Page 21, line 13, delete "JULY 1, 2012]:" and insert "UPON PASSAGE]:".
    Page 21, line 39, after "provides" insert " for older youth".
    Page 22, line 16, after "and" insert " the".
    Page 23, line 20, delete "lease" and insert " least".
    Page 23, line 33, after "whom the" insert " older".
    Page 23, line 35, after "the" insert " older".
    Page 27, delete lines 37 through 42.
    Page 28, delete lines 1 through 4, begin a new paragraph and insert:
SOURCE: IC 31-33-7-6.5; (12)MO028606.49. -->     "SECTION 49. IC 31-33-7-6.5 IS REPEALED [EFFECTIVE UPON PASSAGE]. Sec. 6.5. Child abuse or neglect information may be expunged under IC 31-39-8 if the probative value of the information is so doubtful as to outweigh its validity. Child abuse or neglect information shall be expunged if it is determined to be unsubstantiated after:
        (1) an assessment by the department of a report of a child who may be a victim of child abuse or neglect; or
        (2) a court proceeding.".
SOURCE: Page 30, line 29; (12)MO028606.30. -->     Page 30, line 29, after "is" insert " the".
    Page 31, line 8, delete "of county or".
    Page 31, line 9, delete "counties".
    Page 32, line 10, after "7." insert "(a)".
    Page 32, line 23, delete "near fatality or the".
    Page 33, between lines 20 and 21, begin a new line block indented and insert:
        " (13) The prosecuting attorney from the county where the child fatality occurred, as a nonvoting member.".
    Page 33, line 28, after "If" strike "a".
    Page 36, line 2, strike "or".
    Page 36, between lines 3 and 4, begin a new line block indented and insert:
        " (4) assessed by the department for alleged abuse or neglect that resulted in the fatality; or
        (5) determined by a coroner in the region served by the local child fatality review team to be the result of a homicide, suicide, or accident;
".
    Page 39, delete lines 4 through 12.
    Page 40, line 6, delete "electronic or".
    Page 40, line 6, delete "records," and insert " or".
    Page 40, line 6, delete "form, or" and insert " form or in".
    Page 42, between lines 4 and 5, begin a new paragraph and insert:
SOURCE: IC 31-34-1-9; (12)MO028606.53. -->     "SECTION 53. IC 31-34-1-9, AS AMENDED BY P.L.131-2009, SECTION 58, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 9. A child in need of services under section 1, 2, 3, 4, 5, 6, 7, or 8 of this chapter includes a child with a disability who:
        (1) is deprived of nutrition that is necessary to sustain life; or
        (2) is deprived of medical or surgical intervention that is necessary to remedy or ameliorate a life threatening medical condition;
if the nutrition or medical or surgical intervention is generally provided to similarly situated children with or without disabilities.".
SOURCE: Page 43, line 27; (12)MO028606.43. -->     Page 43, line 27, delete "forty-eight (48) hours" and insert " ten (10) days".
    Page 53, delete lines 41 through 42.
    Page 54, delete lines 1 through 16.
    Page 59, line 3, delete "jurisdiction" and insert " jurisdictional".

    Page 59, line 6, delete "2" and insert " 4".
    Page 60, line 12, after "services" insert " to be provided by the entity".
    Renumber all SECTIONS consecutively.
    (Reference is to SB 286 as printed January 13, 2012.)

________________________________________

Senator LAWSON C


MO028606/DI 107
2012