Citations Affected:
IC 20-6.1-6-18
;
IC 31-9-2-112.5
;
IC 31-10-2-1
;
IC 31-37;
IC 31-39-2-16.
Synopsis: Restorative justice. Provides that a school corporation may
allow a public school teacher to participate, without loss of pay or
benefits, in a family group conference conducted through a restorative
justice program under certain circumstances. Specifies that a juvenile
court may require, as part of: (1) a program of informal adjustment; or
(2) a dispositional decree; that a delinquent child who has committed
an act that would be a crime if committed by an adult participate in a
restorative justice program.
Effective: July 1, 2003.
January 7, 2003, read first time and referred to Committee on Judiciary.
A BILL FOR AN ACT to amend the Indiana Code concerning
family law and juvenile law.
SECTION 1.
IC 20-6.1-6-18
IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2003]: Sec. 18. The governing body and each administrator of a
school corporation that employs a teacher may provide the teacher
with a reasonable opportunity to participate, without loss of pay or
benefits, in family group conferences and related training sessions
that:
(1) promote restorative justice (as defined in
IC 31-9-2-112.5
);
(2) involve a child who was or is the teacher's student; and
(3) are conducted in conformity with a plan that:
(A) was developed under
IC 31-37-24
;
(B) is approved by the governing body of the school
corporation that employs the teacher; and
(C) encourages the involvement of a child's teachers in
family group conferences conducted through a restorative
justice program.
SECTION 2.
IC 31-9-2-112.5
IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 112.5. "Restorative justice", as
used in juvenile law, means a community based effort that:
(1) is focused on a delinquent child who has committed an act
that would be a crime if committed by an adult; and
(2) has the goal of:
(A) requiring the delinquent child to acknowledge the
delinquent child's wrongdoing;
(B) in appropriate cases, making reparations to the victim
and the community; and
(C) maximizing the participation of the delinquent child,
victim, and members of the community in an effort to:
(i) prevent further delinquent acts and crime; and
(ii) restore the victim and the community, after a
delinquent act has occurred, to a condition as close as
possible to the condition of the victim and the community
before the delinquent act occurred.
SECTION 3.
IC 31-10-2-1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 1. It is the policy of this
state and the purpose of this title to:
(1) recognize the importance of family and children in our
society;
(2) recognize the responsibility of the state to enhance the
viability of children and family in our society;
(3) acknowledge the responsibility each person owes to the other;
(4) strengthen family life by assisting parents to fulfill their
parental obligations;
(5) ensure that children within the juvenile justice system are
treated as persons in need of care, protection, treatment, and
rehabilitation;
(6) remove children from families only when it is in the child's
best interest or in the best interest of public safety;
(7) provide for adoption as a viable permanency plan for children
who are adjudicated children in need of services;
(8) provide a juvenile justice system that: protects the public by
enforcing the legal obligations that children have to society and
society has to children;
(A) recognizes that crime is most often an injury to an
individual and a community; and
(B) creates an obligation on the child to make amends
when possible;
(9) use diversionary programs when appropriate;
family, and teachers.
(7) Other persons as the court may direct.
SECTION 6.
IC 31-37-19-5
, AS AMENDED BY P.L.116-2002,
SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 5. (a) This section applies if a child is a delinquent
child under
IC 31-37-1.
(b) The juvenile court may, in addition to an order under section 6
of this chapter, enter at least one (1) of the following dispositional
decrees:
(1) Order supervision of the child by:
(A) the probation department; or
(B) the county office of family and children.
As a condition of probation under this subdivision, the juvenile
court shall after a determination under
IC 5-2-12-4
require a child
who is adjudicated a delinquent child for an act that would be an
offense described in
IC 5-2-12-4
if committed by an adult to
register with the sheriff (or the police chief of a consolidated city)
under
IC 5-2-12.
(2) Order the child to receive outpatient treatment:
(A) at a social service agency or a psychological, a psychiatric,
a medical, or an educational facility; or
(B) from an individual practitioner.
(3) Order the child to surrender the child's driver's license to the
court for a specified period of time.
(4) Order the child to pay restitution if the victim provides
reasonable evidence of the victim's loss, which the child may
challenge at the dispositional hearing or through another
mediated process authorized by the court.
(5) Partially or completely emancipate the child under section 27
of this chapter.
(6) Order the child to attend an alcohol and drug services program
established under
IC 12-23-14.
(7) Order the child to perform community restitution or service
for a specified period of time.
(8) Order wardship of the child as provided in section 9 of this
chapter.
(9) Order the child to participate in restorative justice
programs.
SECTION 7.
IC 31-37-24-9
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 9. (a) The objectives
of a plan developed under this chapter include the following:
(1) Promoting the welfare of children and self sufficiency of
families with children at risk of abuse or neglect, dependency, or
delinquency, as defined or described in this chapter.
(2) Preventing or reducing the number of cases of child abuse,
delinquency, or neglect that may require juvenile court
intervention.
(3) Coordinating available resources to promote efficiency and
avoid duplication of programs and services.
(4) Reducing or minimizing the cost of providing services to
children and families with children who are or may become
delinquent children.
(5) Reducing or eliminating to the extent possible the need to
remove children from their parents, guardians, or custodians for
foster home care or institutional placement.
(b) If authorized by the juvenile court, the plan may include
components to promote restorative justice, including necessary
training for participants in restorative justice programs.
SECTION 8.
IC 31-37-24-14
, AS AMENDED BY P.L.273-1999,
SECTION 117, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 14. (a) The team shall meet at least
one (1) time each year to do the following:
(1) Develop, review, or revise a strategy that identifies:
(A) the manner in which prevention and early intervention
services will be provided or improved;
(B) how local collaboration will improve children's services;
and
(C) how different funds can be used to serve children and
families more effectively.
(2) Reorganize as needed and select its vice chairperson for the
ensuing year.
(3) Review the implementation of the plan and prepare revisions,
additions, or updates of the plan that the team considers necessary
or appropriate to improve the quality and efficiency of early
intervention child welfare services provided in accordance with
the plan.
(4) If the juvenile court authorizes the plan to include
restorative justice components, improve the plan to promote
restorative justice.
(5) Prepare and submit to the county fiscal body a report on the
operations of the plan during the preceding year and a revised and
updated plan for the ensuing year.
(b) The chairperson or vice chairperson of the team or the county
fiscal body may convene any additional meetings of the team that are,
in the chairperson's or vice chairperson's opinion, necessary or
appropriate.
SECTION 9.
IC 31-39-2-16
IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2003]: Sec. 16. If a person is participating in a restorative justice
program involving a child or the child's family, the juvenile court
may grant the person access to the educational and juvenile court
records of the child and the child's family.