Reprinted
January 27, 2006
SENATE BILL No. 139
_____
DIGEST OF SB 139
(Updated January 26, 2006 3:21 pm - DI 104)
Citations Affected: IC 10-13; IC 12-17.2; IC 12-17.4; IC 16-37;
IC 31-9; IC 31-14; IC 31-19; IC 31-33; IC 31-34; IC 31-35; IC 31-37.
Synopsis: Department of child services matters. Provides that the term
"caseworker" for purposes of juvenile law, including emergency
placement of a child, means an employee of the department of child
services who is classified as a family case manager. Expands the
definition of "emergency placement" for purposes of the law
concerning criminal history record checks to include any out-of-home
placement for temporary care and custody of a child at or after the time
of initial removal or transfer of custody of the child from the child's
parent, guardian, or custodian. Specifies that "emergency placement"
does not include any proposed or actual change in location of the
child's placement for continuing care and custody after the court has
entered an order at the time of or following a detention hearing, unless
a court or an agency responsible for the child's care and supervision
determines that an immediate change in placement is necessary to
protect the child's health or safety. Replaces the issuance of
probationary licenses with probationary status periods for: (1) child
caring institutions; (2) foster homes; (3) group homes; and (4) child
placing agencies. Removes provisions that invalidated a license for
these entities when a probationary license was issued. Requires the
person attending a child's birth, when explaining to the birth mother
and putative father immediately before or after the birth the legal
consequences of executing a paternity affidavit, to specify (and the
(Continued next page)
Lawson C, Lanane
January 9, 2006, read first time and referred to Committee on Judiciary.
January 19, 2006, amended, reported favorably _ Do Pass.
January 26, 2006, read second time, amended, ordered engrossed.
Digest Continued
written information from the department of child services to specify)
that: (1) upon execution of a paternity affidavit, the mother and the
state may obtain a child support order that requires the provision of
health insurance coverage; (2) the rights and responsibilities of the
putative father include reasonable parenting time; and (3) the
department of child services may file the paternity affidavit with a
court. Provides that: (1) a paternity affidavit may not be rescinded more
than 60 days after the affidavit is executed unless a court has ordered
a genetic test at the request of the man who executed the affidavit; (2)
a court may not set aside an affidavit unless a genetic test excludes the
man who executed the affidavit as the child's father; and (3) if a man
executed a paternity affidavit, a court may not require any further
proceedings to establish the child's paternity unless the man who
executed the paternity affidavit requests a genetic test. Requires a court
to complete: (1) a factfinding hearing not more than 45 days after a
petition is filed alleging that a child is a child in need of services; (2)
a dispositional hearing not more than 30 days after the date the court
finds that a child is a child in need of services; and (3) a hearing on a
petition to terminate a parent-child relationship not more than 180 days
after the petition is filed. Provides that the department of child services
may request that judgment on a petition alleging a child is a child in
need of services be entered not later than 30 days after the request.
Requires the case of each child in need of services under the
supervision of the county office of family and children to be reviewed
at least once every three months (rather than once every six months).
Deletes requirement that a court clerk forward a copy of an adoption
petition to the division of family and children. Revises the definition of
"substantiated" when used in reference to a child abuse or neglect
report. Provides that child welfare caseworkers, investigators,
supervisors, and managers must have access to certain information
under the automated child protection system regardless of the security
requirements for confidentiality. Provides that: (1) child welfare
caseworkers and investigators must be allowed access to other cases or
investigations that involve a family member of a child or the child
whose case is assigned to the caseworker or investigator; and (2) child
welfare supervisors may have access to other cases or investigations
that involve a family member of a child or the child whose case is
assigned to a caseworker or investigator who reports to the supervisor
or whose case is assigned to the supervisor. Provides that a juvenile
court may incorporate a finding or conclusion from a predispositional
report as a written finding or conclusion upon the record in the court's
dispositional decree for a child in need of services (CHINS) hearing or
a delinquency hearing. Requires a report prepared by the state in a
dispositional decree to be made available to the child's foster parents
under certain circumstances. Removes: (1) powers to suspend certain
licenses; and (2) a provision that allows certain parties to request a
genetic test. Provides that: (1) an application for a license to operate a
child care center may be denied; (2) a license to operate a child care
center may be revoked; (3) an application for a license to operate a
child care home may be denied; and (4) a license to operate a child care
home may be revoked; if the department of child services (department)
determines that certain individuals have committed child abuse or
neglect. Requires the department to investigate claims of abuse or
neglect in child care centers and child care homes. Provides that a
report of an investigation of child abuse or neglect shall be made
available to the division of family resources if the report is classified
as substantiated and concerns an applicant, licensee, employee or
volunteer of a child care center or child care home. Repeals references
to suspension powers. Defines "wardship" for purposes of the juvenile
law, and makes conforming amendments. (The introduced version of
this bill was prepared by the select committee on reorganization of
child services.)
January 27, 2006
Second Regular Session 114th General Assembly (2006)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
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NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
this style type or
this style type reconciles conflicts
between statutes enacted by the 2005 Regular Session of the General Assembly.
SENATE BILL No. 139
A BILL FOR AN ACT to amend the Indiana Code concerning
family law and juvenile law.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 10-13-3-2.5; (06)SB0139.2.1. -->
SECTION 1. IC 10-13-3-2.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2006]: Sec. 2.5. As used in this chapter, "caseworker" has the
meaning set forth in IC 31-9-2-11.
SOURCE: IC 10-13-3-7.5; (06)SB0139.2.2. -->
SECTION 2. IC 10-13-3-7.5, AS ADDED BY P.L.234-2005,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 7.5.
(a) As used in this chapter, "emergency
placement" means an emergency out-of-home placement of a child by:
(1) the department of child services established by
IC 31-33-1.5-2;
(2) a law enforcement officer;
(3) a caseworker;
(4) a juvenile probation officer; or
(5) a court;
as a result of exigent circumstances
including an out-of-home
placement under IC 31-34-2 or IC 31-34-4, or the sudden unavailability
of the child's parent, guardian, or custodian. that require immediate
placement with a person other than the child's parent, guardian, or
custodian.
(b) The term includes any out-of-home placement for temporary
care and custody of a child at or after the time of initial removal or
transfer of custody of the child from the child's parent, guardian,
or custodian, as authorized under any of the following:
(1) IC 31-34-2.
(2) IC 31-34-2.5.
(3) IC 31-34-4.
(4) IC 31-34-5.
(5) IC 31-37-4.
(6) IC 31-37-5.
(7) IC 31-37-6.
(c) The term does not include any proposed or actual change in
location of the child's placement for continuing care and custody
after the court has entered an order at the time of or following a
detention hearing required under IC 31-34-5 or IC 31-37-6, unless
a court or an agency responsible for the child's care and
supervision determines that an immediate change in placement is
necessary to protect the health or safety of the child.
(d) The term does not include placement to an entity or in a facility
that is not a residence (as defined in IC 3-5-2-42.5) or that is licensed
by the state.
SOURCE: IC 12-17.2-4-5; (06)SB0139.2.3. -->
SECTION 3. IC 12-17.2-4-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 5. (a) The following
constitute sufficient grounds for a denial of a license application:
(1) A determination by the division department of child services
established by IC 31-33-1.5-2 of child abuse or neglect (as
defined in IC 31-9-2-14) by the applicant, by an employee of the
applicant, or by a volunteer of the
applicant who has direct
contact with children who are under the direct supervision of
the applicant.
(2) A criminal conviction of the applicant, or of an employee of
the applicant, or a volunteer of the applicant who has direct
contact with children who are under the direct supervision of
the applicant, of any of the following:
(A) A felony.
(B) A misdemeanor related to the health or safety of a child.
(C) A misdemeanor for operating a child care center without
a license under section 35 of this chapter.
(D) A misdemeanor for operating a child care home without a
license under IC 12-17.2-5-35.
(3) A determination by the division that the applicant made false
statements in the applicant's application for licensure.
(4) A determination by the division that the applicant made false
statements in the records required by the division.
(5) A determination by the division that the applicant previously
operated a:
(A) child care center without a license under this chapter; or
(B) child care home without a license under IC 12-17.2-5.
(b) Notwithstanding subsection (a)(2), if:
(1) a license application is denied due to a criminal conviction of
an employee or a volunteer of the applicant; and
(2) the division determines that the employee or volunteer has
been dismissed by the applicant;
the criminal conviction of the former employee or former volunteer
does not require denial of a license application.
SOURCE: IC 12-17.2-4-32; (06)SB0139.2.4. -->
SECTION 4. IC 12-17.2-4-32 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 32. (a) The following
constitute sufficient grounds for revocation of a license:
(1) A determination by the division department of child services
of child abuse or neglect (as defined in IC 31-9-2-14) by the
licensee, by an employee of the licensee, or by a volunteer of
the licensee who has direct contact with children who are
under the direct supervision of the licensee.
(2) A criminal conviction of the licensee, or of an employee of the
licensee, or a volunteer of the licensee who has direct contact
with children who are under the direct supervision of the
licensee, of any of the following:
(A) A felony.
(B) A misdemeanor related to the health or safety of a child.
(C) A misdemeanor for operating a child care center without
a license under section 35 of this chapter.
(D) A misdemeanor for operating a child care home without a
license under IC 12-17.2-5-35.
(3) A determination by the division that the licensee made false
statements in the licensee's application for licensure.
(4) A determination by the division that the licensee made false
statements in the records required by the division.
(5) A determination by the division that the licensee previously
operated a:
(A) child care center without a license under this chapter; or
(B) child care home without a license under IC 12-17.2-5.
(b) Notwithstanding subsection (a)(2), if:
(1) a license is revoked due to a criminal conviction of an
employee or a volunteer of the licensee; and
(2) the division determines that the employee or volunteer has
been dismissed by the licensee;
the criminal conviction of the former employee or former volunteer
does not require revocation of a license.
SOURCE: IC 12-17.2-4-36; (06)SB0139.2.5. -->
SECTION 5. IC 12-17.2-4-36 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 36. (a) The department of child
services shall conduct an investigation of a claim of abuse or
neglect in a child care center.
(b) After an investigation under subsection (a), the department
of child services shall make a determination of whether or not
abuse or neglect occurred at the child care center.
(c) If the department of child services makes a determination,
under IC 31-33-8-12, that abuse or neglect at the child care center
is substantiated, the department shall send a copy of its report to
the appropriate licensing office of the division.
SOURCE: IC 12-17.2-5-4; (06)SB0139.2.6. -->
SECTION 6. IC 12-17.2-5-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 4. (a) The following
constitute sufficient grounds for a denial of a license application:
(1) A determination by the division department of child services
established by IC 31-33-1.5-2 of child abuse or neglect (as
defined in IC 31-9-2-14) by the applicant, by an employee of the
applicant, or by a volunteer of the applicant who has direct
contact with children who are under the direct supervision of
the applicant.
(2) A criminal conviction of the applicant, of an employee or of
the applicant, a volunteer of the applicant who has direct
contact with children who are under the direct supervision of
the applicant, or of a member of the applicant's household, of any
of the following:
(A) A felony.
(B) A misdemeanor related to the health or safety of a child.
(C) A misdemeanor for operating a child care center without
a license under IC 12-17.2-4-35.
(D) A misdemeanor for operating a child care home without a
license under section 35 of this chapter.
(3) A determination by the division that the applicant made false
statements in the applicant's application for licensure.
(4) A determination by the division that the applicant made false
statements in the records required by the division.
(5) A determination by the division that the applicant previously
operated a:
(A) child care center without a license under IC 12-17.2-4; or
(B) child care home without a license under this chapter.
(b) Notwithstanding subsection (a)(2), if:
(1) a license application is denied due to a criminal conviction of:
(A) an employee or a volunteer of the applicant; or
(B) a member of the applicant's household; and
(2) the division determines that the:
(A) employee or volunteer has been dismissed by the
applicant; or
(B) member of the applicant's household is no longer a
member of the applicant's household;
the criminal conviction of the former employee, former volunteer, or
former member does not require denial of a license application.
SOURCE: IC 12-17.2-5-32; (06)SB0139.2.7. -->
SECTION 7. IC 12-17.2-5-32 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 32. (a) The following
constitute sufficient grounds for revocation of a license:
(1) A determination by the division department of child services
of child abuse or neglect (as defined in IC 31-9-2-14) by the
licensee, an employee of the " licensee, or a volunteer of the
licensee who has direct contact with children who are under
the direct supervision of the licensee.
(2) A criminal conviction of the licensee, of an employee or of the
licensee, a volunteer of the licensee who has direct contact with
children who are under the direct supervision of the licensee,
or of a member of the licensee's household, of any of the
following:
(A) A felony.
(B) A misdemeanor related to the health or safety of a child.
(C) A misdemeanor for operating a child care center without
a license under IC 12-17.2-4-35.
(D) A misdemeanor for operating a child care home without a
license under section 35 of this chapter.
(3) A determination by the division that the licensee made false
statements in the licensee's application for licensure.
(4) A determination by the division that the licensee made false
statements in the records required by the division.
(5) A determination by the division that the licensee previously
operated a:
(A) child care center without a license under IC 12-17.2-4; or
(B) child care home without a license under this chapter.
(b) Notwithstanding subsection (a)(2), if:
(1) a license is revoked due to a criminal conviction of:
(A) an employee or a volunteer of the licensee's; or
(B) a resident of the licensee's household; and
(2) the division determines that the:
(A) employee or volunteer has been dismissed by the licensee;
or
(B) member of the licensee's household is no longer a member
of the licensee's household;
the criminal conviction of the former employee, former volunteer, or
former member does not require revocation of a license.
SOURCE: IC 12-17.2-5-37; (06)SB0139.2.8. -->
SECTION 8. IC 12-17.2-5-37 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 37. (a) The department of child
services shall conduct an investigation of a claim of abuse or
neglect at a child care home.
(b) After an investigation under subsection (a), the department
of child services shall make a determination of whether or not
abuse or neglect occurred at the child care home.
(c) If the department of child services makes a determination,
under IC 31-33-8-12, that abuse or neglect at the child care home
is substantiated, the department shall send a copy of its report to
the appropriate licensing office at the division.
SOURCE: IC 12-17.4-2-1; (06)SB0139.2.9. -->
SECTION 9. IC 12-17.4-2-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 1. The division shall
perform the following duties:
(1) Administer the licensing and monitoring of child caring
institutions, foster family homes, group homes, and child placing
agencies in accordance with this article.
(2) Ensure that a criminal history background check of the
applicant is completed before issuing a license.
(3) Provide for the issuance, denial,
suspension, and revocation of
licenses.
(4) Cooperate with governing bodies of child caring institutions,
foster family homes, group homes, and child placing agencies and
their staffs to improve standards of child care.
(5) Prepare at least biannually a directory of licensees, except for
foster family homes, with a description of the program capacity
and type of children served that will be distributed to the
legislature, licensees, and other interested parties as a public
document.
(6) Deposit all license application fees collected under section 2
of this chapter in the child care fund.
SOURCE: IC 12-17.4-3-11; (06)SB0139.2.10. -->
SECTION 10. IC 12-17.4-3-11, AS AMENDED BY P.L.234-2005,
SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 11. (a) A license for a child caring institution
expires four (4) years after the date of issuance, unless the license is
revoked, modified to a probationary or suspended status, or voluntarily
returned.
(b) A license issued under this chapter:
(1) is not transferable;
(2) applies only to the licensee and the location stated in the
application; and
(3) remains the property of the division.
(c) When a licensee submits a timely application for renewal, the
current license shall remain in effect until the division issues a license
or denies the application.
(d) A current license must be publicly displayed.
SOURCE: IC 12-17.4-3-13; (06)SB0139.2.11. -->
SECTION 11. IC 12-17.4-3-13 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 13. (a) The division
may
grant a place a licensee on probationary
license to a licensee who
status if the licensee is temporarily unable to comply with a rule
and
if:
(1) the noncompliance does not present an immediate threat to the
health and well-being of the children;
(2) the licensee files a plan with the division, state department of
health, or the state fire marshal to correct the areas of
noncompliance within the probationary period; and
(3) the division, state department of health, or state fire marshal
approves the plan.
(b) A probationary
license status period is
valid for not more than
six (6) months.
However, the division may extend a probationary
license status period for one (1) additional period of six (6) months.
(c) A license is invalidated when a probationary license is issued.
(d) (c) At the expiration of a probationary
license, status period, the
division shall:
reinstate
(1) reactivate the
original license to the end of the original term
of the license;
issue a new license,
(2) extend the probationary status period as permitted under
subsection (b); or
(3) revoke the license.
(e) Upon receipt of a probationary license, the licensee shall return
to the division the previously issued license.
SOURCE: IC 12-17.4-3-25; (06)SB0139.2.12. -->
SECTION 12. IC 12-17.4-3-25 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 25. (a) After a license
is revoked, or suspended, the division shall notify in writing each
person responsible for each child in care to ensure that those children
are removed.
(b) The written notice shall be sent to the last known address of the
person responsible for the child in care and shall state that the license
of the child caring institution has been revoked. or suspended.
SOURCE: IC 12-17.4-3-30; (06)SB0139.2.13. -->
SECTION 13. IC 12-17.4-3-30 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 30. (a) A licensee shall
operate a child caring institution in compliance with the rules
established under this article and is subject to the disciplinary sanctions
under subsection (b) if the division finds that the licensee has violated
this article or a rule adopted under this article.
(b) After complying with the procedural provisions in sections 17
through 20 of this chapter, the division may impose any of the
following sanctions revoke the license when the division finds that a
licensee has committed a violation under subsection (a).
(1) Suspend the license for not more than six (6) months.
(2) Revoke the license.
SOURCE: IC 12-17.4-4-14; (06)SB0139.2.14. -->
SECTION 14. IC 12-17.4-4-14, AS AMENDED BY P.L.234-2005,
SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 14. (a) A license for a foster family home expires
four (4) years after the date of issuance, unless the license is revoked,
modified to a probationary or suspended status, or voluntarily returned.
(b) A license issued under this chapter:
(1) is not transferable;
(2) applies only to the licensee and the location stated in the
application; and
(3) remains the property of the division.
(c) A foster family home shall have the foster family home's license
available for inspection.
(d) If a licensee submits a timely application for renewal, the current
license shall remain in effect until the division issues a license or
denies the application.
SOURCE: IC 12-17.4-4-16; (06)SB0139.2.15. -->
SECTION 15. IC 12-17.4-4-16 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 16. (a) The division
may
grant a place a licensee on probationary
license to a licensee who
status if the licensee is temporarily unable to comply with a rule
and
if:
(1) the noncompliance does not present an immediate threat to the
health and well-being of the children;
(2) the licensee files a plan with the division to correct the areas
of noncompliance within the probationary period; and
(3) the division approves the plan.
(b) A probationary license status period is valid for not more than
six (6) months. However, the division may extend a probationary
license status period for one (1) additional period of six (6) months.
(c) An existing license is invalidated when a probationary license is
issued.
(d) (c) At the expiration of a probationary license, status period, the
division shall: reinstate
(1) reactivate the original license to the end of the original term
of the license; issue a new license,
(2) extend the probationary status period as permitted in
subsection (b); or
(3) revoke the license.
(e) Upon receipt of a probationary license, the licensee shall return
to the division the previously issued license.
SOURCE: IC 12-17.4-4-29; (06)SB0139.2.16. -->
SECTION 16. IC 12-17.4-4-29 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 29. (a) After a license
is revoked, or suspended, the division shall notify in writing each
person responsible for each child in care, to ensure that the children are
removed.
(b) The written notice shall be sent to the last known address of the
person responsible for the child in care and must state that the license
of the foster family home has been revoked. or suspended.
SOURCE: IC 12-17.4-4-32; (06)SB0139.2.17. -->
SECTION 17. IC 12-17.4-4-32 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 32. (a) A licensee shall
operate a foster family home in compliance with the rules established
under this article and is subject to the disciplinary sanctions under
subsection (b) if the division finds that the licensee has violated this
article or a rule adopted under this article.
(b) After complying with the procedural provisions in sections 21
through 24 of this chapter, the division may
impose the following
sanctions revoke the license when the division finds that a licensee has
committed a violation under subsection (a).
(1) Suspend the license for not more than six (6) months.
(2) Revoke the license.
However, the division shall permanently revoke the license of a
licensee who has been convicted of any of the felonies described in
section 11(a)(1) through 11(a)(19) of this chapter. The division may
permanently revoke the license of a person who has been convicted of
a felony that is not described in section 11(a)(1) through 11(a)(19) of
this chapter.
SOURCE: IC 12-17.4-5-11; (06)SB0139.2.18. -->
SECTION 18. IC 12-17.4-5-11, AS AMENDED BY P.L.234-2005,
SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 11. (a) A license for a group home expires four (4)
years after the date of issuance, unless the license is revoked, modified
to a probationary or suspended status, or voluntarily returned.
(b) A license issued under this chapter:
(1) is not transferable;
(2) applies only to the licensee and the location stated in the
application; and
(3) remains the property of the division.
(c) A current license shall be publicly displayed.
(d) If a licensee submits a timely application for renewal, the current
license remains in effect until the division issues a license or denies the
application.
SOURCE: IC 12-17.4-5-13; (06)SB0139.2.19. -->
SECTION 19. IC 12-17.4-5-13 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 13. (a) The division
may grant a place a licensee on probationary license to a licensee who
is status if the licensee is temporarily unable to comply with a rule and
if:
(1) the noncompliance does not present an immediate threat to the
health and well-being of the children;
(2) the licensee files a plan with the division, the state department
of health, or the state fire marshal to correct the areas of
noncompliance within the probationary period; and
(3) the division, the state department of health, or the state fire
marshal approves the plan.
(b) A probationary license status period is valid for not more than
six (6) months. However, the division may extend a probationary
license status period for one (1) additional period of six (6) months.
(c) A license is invalidated when a probationary license is issued.
(d) (c) At the expiration of a probationary license, status period, the
division shall: reinstate
(1) reactivate the original license to the end of the original
license's term issue a new of the license;
(2) extend the probationary status period as permitted in
subsection (b); or
(3) revoke the license.
(e) Upon receipt of a probationary license, the licensee shall return
to the division the previously issued license.
SOURCE: IC 12-17.4-5-25; (06)SB0139.2.20. -->
SECTION 20. IC 12-17.4-5-25 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 25. (a) After a license
is revoked, or suspended, the division shall notify in writing each
person responsible for each child in care to ensure that the children are
removed.
(b) The written notice shall be sent to the last known address of the
person responsible for the child in care and shall state that the license
of the group home has been revoked. or suspended.
SOURCE: IC 12-17.4-5-30; (06)SB0139.2.21. -->
SECTION 21. IC 12-17.4-5-30 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 30. (a) A licensee shall
operate a group home in compliance with the rules established under
this article and is subject to the disciplinary sanctions under subsection
(b) if the division finds that the licensee has violated this article or a
rule adopted under this article.
(b) After complying with the procedural provisions in sections 17
through 20 of this chapter, the division may impose any of the
following sanctions revoke the license when the division finds that a
licensee has committed a violation under subsection (a).
(1) Suspend the license for not more than six (6) months.
(2) Revoke the license.
SOURCE: IC 12-17.4-6-10; (06)SB0139.2.22. -->
SECTION 22. IC 12-17.4-6-10, AS AMENDED BY P.L.234-2005,
SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 10. (a) A license for a child placing agency
expires four (4) years after the date of issuance, unless the license is
revoked, modified to a probationary or suspended status, or voluntarily
returned.
(b) A license issued under this chapter:
(1) is not transferable;
(2) applies only to the licensee and the location stated in the
application; and
(3) remains the property of the division.
(c) A child placing agency shall have the child placing agency's
license available for inspection.
(d) If a licensee submits a timely application for renewal, the current
license shall remain in effect until the division issues a license or
denies the application.
SOURCE: IC 12-17.4-6-12; (06)SB0139.2.23. -->
SECTION 23. IC 12-17.4-6-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 12. (a) The division
may grant a place a licensee on probationary license to a licensee who
status if the licensee is temporarily unable to comply with a rule and
if:
(1) the noncompliance does not present an immediate threat to the
health and well-being of the children;
(2) the licensee files a plan with the division to correct the areas
of noncompliance within the probationary period; and
(3) the division approves the plan.
(b) A probationary license status period is valid for not more than
six (6) months. However, the division may extend a probationary
license status period for one (1) additional period of six (6) months.
(c) An existing license is invalidated when a probationary license is
issued.
(d) (c) At the expiration of a probationary license, status period, the
division shall: reinstate
(1) reactivate the original license to the end of the original
license's term issue a new of the license;
(2) extend the probationary status period as permitted in
subsection (b); or
(3) revoke the license.
(e) Upon receipt of a probationary license, the licensee shall return
to the division the previously issued license.
SOURCE: IC 12-17.4-6-25; (06)SB0139.2.24. -->
SECTION 24. IC 12-17.4-6-25 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 25. (a) After a license
is revoked, or suspended, the division shall notify in writing each
person responsible for each child in care to ensure that the children are
removed.
(b) The written notice shall be sent to the last known address of the
person responsible for the child in care and must state that the license
of the child placing agency has been revoked. or suspended.
SOURCE: IC 12-17.4-6-30; (06)SB0139.2.25. -->
SECTION 25. IC 12-17.4-6-30 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 30. (a) A licensee shall
operate a child placing agency in compliance with the rules established
under this article and is subject to the disciplinary sanctions under
subsection (b) if the division finds that the licensee has violated this
article or a rule adopted under this article.
(b) After complying with the procedural provisions in sections 17
through 20 of this chapter, the division may impose any of the
following sanctions revoke the license when the division finds that a
licensee has committed a violation under subsection (a).
(1) Suspend the license for not more than six (6) months.
(2) Revoke the license.
SOURCE: IC 16-37-2-2.1; (06)SB0139.2.26. -->
SECTION 26. IC 16-37-2-2.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 2.1. (a) A paternity
affidavit may be executed as provided in this section through:
(1) a hospital; or
(2) a local health department.
(b) Immediately before or after the birth of a child who is born out
of wedlock, a person who attends or plans to attend the birth, including
personnel of all public or private birthing hospitals, shall:
(1) provide an opportunity for:
(A) the child's mother; and
(B) a man who reasonably appears to be the child's biological
father;
to execute an affidavit acknowledging paternity of the child; and
(2) verbally explain to the individuals listed in subdivision (1) the
legal effects of an executed paternity affidavit as described in
subsection (g).
(c) A paternity affidavit must be executed on a form provided by the
state department. The paternity affidavit is valid only if the affidavit is
executed as follows:
(1) If executed through a hospital, the paternity affidavit must be
completed not more than seventy-two (72) hours after the child's
birth.
(2) If executed through a local health department, the paternity
affidavit must be completed before the child has reached the age
of emancipation.
(d) A paternity affidavit is not valid if it is executed after the mother
of the child has executed a consent to adoption of the child and a
petition to adopt the child has been filed.
(e) A paternity affidavit executed under this section must contain or
be attached to all of the following:
(1) The mother's sworn statement asserting that a person
described in subsection
(a)(2) (b)(1)(B) is the child's biological
father.
(2) A statement by a person identified as the father under
subdivision (1) attesting to a belief that he is the child's biological
father.
(3) Written information furnished by the
division of family and
children: department of child services:
(A) explaining the effect of an executed paternity affidavit as
described in subsection (g); and
(B) describing the availability of child support enforcement
services.
(4) The Social Security number of each parent.
(f) A woman who knowingly or intentionally falsely names a man
as the child's biological father under this section commits a Class A
misdemeanor.
(g) A paternity affidavit executed under this section:
(1) establishes paternity;
and
(2) gives rise to parental rights and responsibilities of the person
described in subsection (e)(2), including:
(A) the right of the child's mother or the Title IV-D agency to
obtain a child support order against the person,
which may
include an order requiring the provision of health
insurance coverage; and
(B) reasonable parenting time rights unless another
determination is made by a court in a proceeding under
IC 31-14-14; and
(3) may be filed with a court by the department of child
services.
However, if a paternity affidavit is executed under this section, the
child's mother has sole legal custody of the child unless another
custody determination is made by a court in a proceeding under
IC 31-14.
(h) Notwithstanding any other law,
(1) any person listed in IC 31-14-4-1 or IC 31-14-4-3; or
(2) a man who is a party to a paternity affidavit executed under
this section
may, within sixty (60) days of the date that a paternity affidavit is
executed under this section, file an action in a court with jurisdiction
over paternity to request an order for a genetic test.
(i) A paternity affidavit that is properly executed under this section
may not be rescinded more than sixty (60) days after the paternity
affidavit is executed unless a court:
(1) has determined that fraud, duress, or material mistake of fact
existed in the execution of the paternity affidavit;
and
(2) at the request of a man described in subsection (h), has
ordered a genetic test.
(j) Unless good cause is shown, a court shall not suspend the legal
responsibilities under subsection
(g)(2) (g)(2)(A) of a party to the
executed paternity affidavit during a challenge to the affidavit.
(k) The court
shall may not set aside the paternity affidavit
upon a
showing from unless a genetic test
that sufficiently demonstrates that
ordered under subsection (h) or (i) excludes the person who executed
the paternity affidavit
is excluded as the child's biological father.
(l) If a paternity affidavit is not executed under subsection (b), the
hospital where the birth occurs or a person in attendance at the birth
shall inform the child's mother of services available for establishing
paternity.
(m) If a man has executed a paternity affidavit in accordance
with this section, the executed paternity affidavit conclusively
establishes the man as the legal father of a child without any
further proceedings by a court.
SOURCE: IC 31-9-2-11; (06)SB0139.2.27. -->
SECTION 27. IC 31-9-2-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 11. "Caseworker", for
purposes of the juvenile law, means a child welfare worker of the
county office of family and children; an employee of the department
of child services who is classified as a family case manager.
SOURCE: IC 31-9-2-31; (06)SB0139.2.28. -->
SECTION 28. IC 31-9-2-31 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 31. (a) "Custodian", for
purposes of the juvenile law, means a person with whom a child
resides.
(b) "Custodian", for purposes of IC 31-34-1-1 through IC 31-34-1-9,
IC 31-34-1, includes any person responsible for the child's welfare who
is employed by a public or private residential school or foster care
facility. who is:
(1) a license applicant or licensee of:
(A) a foster home or residential child care facility that is
required to be licensed or is licensed under IC 12-17.4;
(B) a child care center that is required to be licensed or is
licensed under IC 12-17.2-4; or
(C) a child care home that is required to be licensed or is
licensed under IC 12-17.2-5; or
(2) a person who is responsible for care, supervision, or
welfare of children while providing services as an employee or
volunteer at:
(A) a home, center, or facility described in subdivision (1);
or
(B) a school, as defined in IC 31-9-2-113.5.
SOURCE: IC 31-9-2-113.5; (06)SB0139.2.29. -->
SECTION 29. IC 31-9-2-113.5, AS AMENDED BY P.L.1-2005,
SECTION 200, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 113.5. "School", for purposes of
section 31 of this chapter and IC 31-39-2-13.8, means a:
(1) public school (including a charter school as defined in
IC 20-24-1-4); or
(2) nonpublic school (as defined in IC 20-18-2-12);
that must comply with the education records privacy provisions of the
federal Family Educational Rights and Privacy Act (20 U.S.C. 1232g)
to be eligible to receive designated federal education funding.
SOURCE: IC 31-9-2-123; (06)SB0139.2.30. -->
SECTION 30. IC 31-9-2-123 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 123. "Substantiated",
for purposes of IC 31-33 IC 31-34-8-4, and IC 31-37-9-5, when used
in reference to a child abuse or neglect report made under
IC 31-33, means a determination regarding the status of a the report
made under IC 31-33 whenever facts obtained during an investigation
of the report provide credible a preponderance of evidence that child
abuse or neglect has occurred.
SOURCE: IC 31-9-2-135; (06)SB0139.2.31. -->
SECTION 31. IC 31-9-2-135 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 135. (a) "Wardship", for
purposes of the juvenile law, means the responsibility for
temporary care and custody of a child by transferring the rights
and obligations from the child's parent, guardian, or custodian to
the person granted wardship. Except to the extent a right or an
obligation is specifically addressed in the court order establishing
wardship, the rights and obligations of the person granted
wardship include making decisions concerning the:
(1) physical custody of the child;
(2) care and supervision of the child;
(3) child's visitation with parents, relatives, or other
individuals; and
(4) medical care and treatment of the child.
(b) "Wardship" does not apply to requirements for consenting
to an adoption under IC 31-19-9.
SOURCE: IC 31-14-7-3; (06)SB0139.2.32. -->
SECTION 32. IC 31-14-7-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 3. (a) A man is a child's
legal father if the man executed a paternity affidavit in accordance with
IC 16-37-2-2.1 and the paternity affidavit has not been rescinded or set
aside under IC 16-37-2-2.1.
(b) If a man executes a paternity affidavit in accordance with
IC 16-37-2-2.1, a court may not require any further proceedings to
establish the child's paternity unless the man who executed the
paternity affidavit requests a genetic test under IC 16-37-2-2.1(h)
or IC 16-37-2-2.1(i).
SOURCE: IC 31-19-2-12; (06)SB0139.2.33. -->
SECTION 33. IC 31-19-2-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 12. As soon as a
petition for adoption is found to be in proper form, the clerk of the
court shall forward one (1) copy of the petition for adoption to:
(1) the division of family and children;
(2) (1) a licensed child placing agency as described in
IC 31-19-7-1, with preference to be given to the agency, if any,
sponsoring the adoption, as shown by the petition for adoption;
and
(3) (2) the county office of family and children whenever a
subsidy is requested in a petition for adoption sponsored by a
licensed child placing agency.
SOURCE: IC 31-33-18-2; (06)SB0139.2.34. -->
SECTION 34. IC 31-33-18-2, AS AMENDED BY P.L.234-2005,
SECTION 155, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: 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 division of family resources, a
caseworker, or a juvenile probation officer conducting a criminal
history check under IC 12-14-25.5-3, 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 12-13-15-6.
(17) The statewide child fatality review committee established by
IC 12-13-15.1-6.
(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.
SOURCE: IC 31-33-20-4; (06)SB0139.2.35. -->
SECTION 35. IC 31-33-20-4, AS AMENDED BY P.L.234-2005,
SECTION 165, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 4.
(a) Subject to the accessibility
to files provided in subsection (b), at least ten (10) levels of security
for confidentiality in the system must be maintained.
(b) The system must have a comprehensive system of limited access
to information as follows:
(1) The system must be accessed only by the entry of an operator
identification number and a person's secret password.
(2) Child welfare caseworkers and investigators must be allowed
to access only:
(A) cases that are assigned to the caseworker or investigator;
and
(B) other cases or investigations that involve:
(i) a family member of a child; or
(ii) a child;
whose case is assigned to the caseworker or investigator.
(3) Child welfare supervisors may access only the following:
(A) Cases assigned to the supervisor.
(B) Cases assigned to a caseworker or an investigator who
reports to the supervisor.
(C) Other cases or investigations that involve:
(i) a family member of a child; or
(ii) a child;
whose case is assigned as described in clause (A) or (B).
(C) (D) Cases that are unassigned.
(4) To preserve confidentiality in the workplace, case welfare
managers, as designated by the department, may access any case,
except restricted cases involving a state employee or the
immediate family member of a state employee who has access to
the system. Access to restricted information under this
subdivision may be obtained only if an additional level of security
is implemented.
(5) Access to records of authorized users, including passwords, is
restricted to:
(A) users designated by the department as an administrator;
and
(B) the administrator's level of administration as determined
by the department.
(6) Ancillary programs that may be designed for the system may
not be executed in a manner that would circumvent the system's
log on security measures.
(7) Certain system functions must be accessible only to system
operators with specified levels of authorization as determined by
the department.
(8) Files containing passwords must be encrypted.
(9) There must be two (2) additional levels of security for
confidentiality as determined by the department.
SOURCE: IC 31-34-11-1; (06)SB0139.2.36. -->
SECTION 36. IC 31-34-11-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 1. Unless the
allegations of a petition have been admitted, the juvenile court shall
hold complete a factfinding hearing not more than forty-five (45)
days after a petition alleging that a child is a child in need of
services is filed in accordance with IC 31-34-9.
SOURCE: IC 31-34-11-4; (06)SB0139.2.37. -->
SECTION 37. IC 31-34-11-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 4. (a) Except as
provided in subsection (b), at the close of all the evidence and before
judgment is entered, the court may continue the case for not more than
twelve (12) months.
(b) If the:
(1) child; or the
(2) child's parent, guardian, or custodian; or
(3) department;
requests that judgment be entered, the judgment shall be entered not
later than thirty (30) days after the request is made.
(c) If the child is in a juvenile detention facility, the child shall be
released not later than forty-eight (48) hours, excluding Saturdays,
Sundays, and legal holidays, pending the entry of judgment. A child
released from a juvenile detention facility pending the entry of
judgment may be detained in a shelter care facility.
SOURCE: IC 31-34-19-1; (06)SB0139.2.38. -->
SECTION 38. IC 31-34-19-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 1. The juvenile court
shall
hold complete a dispositional hearing
not more than thirty (30)
days after the date the court finds that a child is a child in need of
services to consider the following:
(1) Alternatives for the care, treatment, rehabilitation, or
placement of the child.
(2) The necessity, nature, and extent of the participation by a
parent, a guardian, or a custodian in the program of care,
treatment, or rehabilitation for the child.
(3) The financial responsibility of the parent or guardian of the
estate for services provided for the parent or guardian or the child.
SOURCE: IC 31-34-19-10; (06)SB0139.2.39. -->
SECTION 39. IC 31-34-19-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 10. (a) The juvenile
court shall accompany the court's dispositional decree with written
findings and conclusions upon the record concerning the following:
(1) The needs of the child for care, treatment, rehabilitation, or
placement.
(2) The need for participation by the parent, guardian, or
custodian in the plan of care for the child.
(3) Efforts made, if the child is a child in need of services, to:
(A) prevent the child's removal from; or
(B) reunite the child with;
the child's parent, guardian, or custodian in accordance with
federal law.
(4) Family services that were offered and provided to:
(A) a child in need of services; or
(B) the child's parent, guardian, or custodian;
in accordance with federal law.
(5) The court's reasons for the disposition.
(b) The juvenile court may incorporate a finding or conclusion
from a predispositional report as a written finding or conclusion
upon the record in the court's dispositional decree.
SOURCE: IC 31-34-20-1; (06)SB0139.2.40. -->
SECTION 40. IC 31-34-20-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 1. Subject to section
1.5 of this chapter, if a child is a child in need of services, the juvenile
court may enter one (1) or more of the following dispositional decrees:
(1) Order supervision of the child by the probation department or
the county office of family and children.
(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) Remove the child from the child's home and place the child in
another home or shelter care facility. Placement under this
subdivision includes authorization to control and discipline the
child.
(4) Award wardship to a person or shelter care facility. Wardship
under this subdivision does not include the right to consent to the
child's adoption.
(5) Partially or completely emancipate the child under section 6
of this chapter.
(6) Order:
(A) the child; or
(B) the child's parent, guardian, or custodian;
to receive family services.
(7) Order a person who is a party to refrain from direct or indirect
contact with the child.
SOURCE: IC 31-34-21-2; (06)SB0139.2.41. -->
SECTION 41. IC 31-34-21-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 2. (a) In accordance
with federal law, The case of each child in need of services under the
supervision of the county office of family and children must be
reviewed at least once every six (6) three (3) months, or more often, if
ordered by the court.
(b) The first of these periodic case reviews must occur:
(1) at least six (6) three (3) months after the date of the child's
removal from the child's parent, guardian, or custodian; or
(2) at least six (6) three (3) months after the date of the
dispositional decree;
whichever comes first.
(c) Each periodic case review must be conducted by the juvenile
court in a formal court hearing.
SOURCE: IC 31-34-22-2; (06)SB0139.2.42. -->
SECTION 42. IC 31-34-22-2, AS AMENDED BY P.L.129-2005,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 2. (a) Except as provided in subsection (b), a
report prepared by the state:
(1) for the juvenile court's review of the court's dispositional
decree; or
(2) prepared for use at a periodic case review under IC 31-34-21-2
or hearing under IC 31-34-21-7;
shall be made available to the child, and the child's parent,
foster
parents, guardian, guardian ad litem, court appointed special advocate,
or custodian within a reasonable time after the report's presentation to
the court or before the hearing.
(b) If the court determines on the record that the report contains
information that should not be released to the child or the child's
parent,
foster parents, guardian, or custodian, the court
is not
required to make the report available to the person as required in
subsection (a). However, the court shall provide a copy of the report
to the following:
(1) Each attorney or guardian ad litem representing the child.
(2) Each attorney representing the child's parent, guardian, or
custodian.
(3) Each court appointed special advocate.
(c) The court may also provide a factual summary of the report to
the child or the child's parent, foster parents, guardian, or custodian.
(d) In addition to the requirements of subsection (a), any report
prepared by the state for the juvenile court's review shall also be made
available to any court appointed special advocate within the same time
period and in the same manner as required in the case of a parent under
subsection (a). However, if under subsection (a) the court determines
on the record that the report contains information that should not be
released to the parent, the court shall still provide a copy of the report
to any court appointed special advocate.
SOURCE: IC 31-35-2-6; (06)SB0139.2.43. -->
SECTION 43. IC 31-35-2-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 6. Except when a
hearing is required after June 30, 1999, under section 4.5 of this
chapter, the person filing the petition may request the court to set the
petition for a hearing. Whenever a hearing is requested under this
chapter, the court shall:
(1) commence a hearing on the petition not more than ninety (90)
days after a petition is filed under this chapter; and
(2) complete a hearing on the petition not more than one
hundred eighty (180) days after a petition is filed under this
chapter.
SOURCE: IC 31-37-18-9; (06)SB0139.2.44. -->
SECTION 44. IC 31-37-18-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 9. (a) The juvenile
court shall accompany the court's dispositional decree with written
findings and conclusions upon the record concerning the following:
(1) The needs of the child for care, treatment, rehabilitation, or
placement.
(2) The need for participation by the parent, guardian, or
custodian in the plan of care for the child.
(3) The court's reasons for the disposition.
(b) The juvenile court may incorporate a finding or conclusion
from a predispositional report as a written finding or conclusion
upon the record in the court's dispositional decree.
SOURCE: IC 31-37-19-1; (06)SB0139.2.45. -->
SECTION 45. IC 31-37-19-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 1. Subject to section
6.5 of this chapter, if a child is a delinquent child under IC 31-37-2, the
juvenile court may enter one (1) or more of the following dispositional
decrees:
(1) Order supervision of the child by the probation department or
the county office of family and children.
(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) Remove the child from the child's home and place the child in
another home or shelter care facility. Placement under this
subdivision includes authorization to control and discipline the
child.
(4) Award wardship to a person or shelter care facility. Wardship
under this subdivision does not include the right to consent to the
child's adoption.
(5) Partially or completely emancipate the child under section 27
of this chapter.
(6) Order:
(A) the child; or
(B) the child's parent, guardian, or custodian;
to receive family services.
(7) Order a person who is a party to refrain from direct or indirect
contact with the child.
SOURCE: IC 31-37-21-2; (06)SB0139.2.46. -->
SECTION 46. IC 31-37-21-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 2. (a) Except as
provided by subsection (b), a report prepared by the state:
(1) for the juvenile court's review of the court's dispositional
decree; or
(2) for use at a periodic case review or hearing under
IC 31-37-20-2 or IC 31-37-20-3;
shall be made available to the child, and the child's parent,
foster
parents, guardian, guardian ad litem, custodian, or court appointed
special advocate within a reasonable time after the report's presentation
to the court or before the hearing.
(b) If the court determines on the record that the report contains
information that should not be released to the child or the child's
parent,
foster parents, guardian, or custodian, the court
is not
required to make the report available to the person as required
under subsection (a). However, the court shall provide a copy of the
report to the following:
(1) Each attorney or a guardian ad litem representing the child.
(2) Each attorney representing the child's parent, guardian, or
custodian.
(3) A court appointed special advocate.
(c) The court may also provide a factual summary of the report to
the child or the child's parent, foster parents, guardian, or custodian.
(d) In addition to the requirements of subsection (a), any report
prepared by the state for the juvenile court's review shall also be made
available to any court appointed special advocate within the same time
period and in the same manner as required in the case of a parent under
subsection (a). However, if under subsection (a) the court determines
on the record that the report contains information that should not be
released to the parent, the court shall still provide a copy of the report
to any court appointed special advocate.
SOURCE: IC 12-17.4-3-21; IC 12-17.4-3-22; IC 12-17.4-3-23; IC
12-17.4-4-25; IC 12-17.4-4-26; IC 12-17.4-4-27; IC 12-17.4-5-21; IC
12-17.4-5-22; IC 12-17.4-5-23; IC 12-17.4-6-21; IC 12-17.4-6-22; IC
12-17.4-6-23.
; (06)SB0139.2.47. -->
SECTION 47. THE FOLLOWING ARE REPEALED [EFFECTIVE
JULY 1, 2006]: IC 12-17.4-3-21; IC 12-17.4-3-22; IC 12-17.4-3-23;
IC 12-17.4-4-25; IC 12-17.4-4-26; IC 12-17.4-4-27; IC 12-17.4-5-21;
IC 12-17.4-5-22; IC 12-17.4-5-23; IC 12-17.4-6-21; IC 12-17.4-6-22;
IC 12-17.4-6-23.