SB 139-1_ Filed 03/13/2006, 19:41 Lawson C
CONFERENCE COMMITTEE REPORT
DIGEST FOR ESB 139
Citations Affected: IC 10-13-3; IC 12; IC 16-37-2-2.1; IC 31; IC 33-37-5-6.
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 (department) 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 written information from
the department 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 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may not be rescinded more than 60 days after the affidavit is executed unless a court has ordered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; and (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. Requires a court to complete: (1) a factfinding hearing not more than 60 days after a
petition is filed alleging that a child is a child in need of services (CHINS); (2) a dispositional
hearing not more than 30 days after the date the court finds that a child is a CHINS; and (3) a
hearing on a petition to terminate a parent-child relationship not more than 180 days after the
petition is filed. Allows a court to extend the time frame to complete a factfinding on a CHINS
petition for an additional 60 days. Provides that the department may request that judgment on a
petition alleging a child is a CHINS be entered not later than 30 days after the request. 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, 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 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; 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 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 CHINS hearing or a delinquency hearing. Provides that a juvenile court
shall require the department to file a progress report on a CHINS petition every 3 months after
entering a dispositional decree. 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 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. Specifies that the department is to submit fingerprints to the
Federal Bureau of Investigation 15 calendar days after the national name based criminal history
check is conducted. Allows a juvenile court at a detention hearing to: (1) impose on a child alleged
to be a child in need of services, or on the child's parent, guardian, or custodian, conditions to
ensure the safety of the child; and (2) impose on a child alleged to be a delinquent child, or on the
child's parent, guardian, or custodian, conditions to ensure any combination of the safety of the
child or the public's physical safety. Requires a court to set a hearing within four business days
to determine whether emergency placement is appropriate for a child whose custodial parent or
guardian has died or has become unable to care for the child, if a person other than a parent files
a petition to determine or modify custody of the child. Provides that a court is not required to set
a hearing within 48 hours if: (1) it appears from the pleadings that no emergency requiring
placement of a child with a person other than the noncustodial parent exists; (2) it appears from
the pleadings that the petitioner does not have a reasonable likelihood of success on the merits;
or (3) manifest injustice would result. Provides that the child care fund shall remain in existence
until the entire balance of the child care fund is transferred to the division of family resources
child care fund. (This conference committee report: (1) conforms language and citations in
ESB 139 to SEA 132; (2) conforms language and citations in SEA 153 to SEA 132; (3)
provides that the child care fund shall remain in existence until the entire balance of the
child care fund is transferred to the division of family resources child care fund; (4)
removes a provision specifying that a court shall determine the emergency placement of a
child with a person other than the child's noncustodial parent pending a final determination
that custody is in the best interest of the child and provides instead that the court shall
determine whether the placement should be granted, pending a final determination of
custody; and (5) makes technical corrections.)
Effective: Upon passage; July 1, 2006.
CONFERENCE COMMITTEE REPORT
MADAM PRESIDENT:
Your Conference Committee appointed to confer with a like committee from the House
upon Engrossed House Amendments to Engrossed Senate Bill No. 139 respectfully reports
that said two committees have conferred and agreed as follows to wit:
that the Senate recede from its dissent from all House amendments and that
the Senate now concur in all House amendments to the bill and that the bill
be further amended as follows:
Delete everything after the enacting clause and insert the following:
SOURCE: IC 10-13-3-2.5; (06)CC013908.1.1. -->
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)CC013908.1.2. -->
SECTION 2. IC 10-13-3-7.5, AS AMENDED BY SEA 132-2006,
SECTION 26, 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 31-25-1-1;
(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 10-13-3-27.5; (06)CC013908.1.3. -->
SECTION 3. IC 10-13-3-27.5, AS AMENDED BY SEA 132-2006,
SECTION 28, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 27.5. (a) If:
(1) exigent circumstances require the emergency placement of a
child; and
(2) the department will be unable to obtain criminal history
information from the Interstate Identification Index before the
emergency placement is scheduled to occur;
upon request of the department of child services established by
IC 31-25-1-1, a caseworker, or a juvenile probation officer, the
department may conduct a national name based criminal history record
check of each individual who is currently residing in the location
designated as the out-of-home placement at the time the child will reside
in the location. The department shall promptly transmit a copy of the
report it receives from the Interstate Identification Index to the agency
or person that submitted a request under this section.
(b) Not later than seventy-two (72) hours after the department of child
services, the caseworker, or the juvenile probation officer receives the
results of the national name based criminal history record check, the
department of child services, the caseworker, or the juvenile probation
officer shall provide the department with a complete set of fingerprints
for each individual who is currently residing in the location designated
as the out-of-home placement at the time the child will be placed in the
location. The department shall:
(1) use fingerprint identification to positively identify each
individual who is currently residing in the location designated as the
out-of-home placement at the time the child will reside in the
location; or
(2) submit the fingerprints to the Federal Bureau of Investigation
not later than fifteen (15) calendar days after the date on which the
national name based criminal history record check was conducted.
The child shall be removed from the location designated as the
out-of-home placement if an individual who is currently residing in the
location designated as the out-of-home placement at the time the child
will reside in the location fails to provide a complete set of fingerprints
to the department of child services, the caseworker, or the juvenile
probation officer.
(c) The department and the person or agency that provided
fingerprints shall comply with all requirements of 42 U.S.C. 5119a and
any other applicable federal law or regulation regarding:
(1) notification to the subject of the check; and
(2) the use of the results obtained based on the check of the person's
fingerprints.
(d) If an out-of-home placement is denied as the result of a national
name based criminal history record check, an individual who is currently
residing in the location designated as the out-of-home placement at the
time the child will reside in the location may contest the denial by
submitting to the department of child services, the caseworker, or the
juvenile probation officer:
(1) a complete set of the individual's fingerprints; and
(2) written authorization permitting the department of child
services, the caseworker, or the juvenile probation officer to
forward the fingerprints to the department for submission to the
Federal Bureau of Investigation;
not later than five (5) days after the out-of-home placement is denied.
(e) The:
(1) department; and
(2) Federal Bureau of Investigation;
may charge a reasonable fee for processing a national name based
criminal history record check. The department shall adopt rules under
IC 4-22-2 to establish a reasonable fee for processing a national name
based criminal history record check and for collecting fees owed under
this subsection.
(f) The:
(1) department of child services, for an out-of-home placement
arranged by a caseworker or the department of child services; or
(2) juvenile court, for an out-of-home placement ordered by the
juvenile court;
shall pay the fee described in subsection (e), arrange for fingerprinting,
and pay the costs of fingerprinting, if any.
SOURCE: IC 12-17.2-4-5; (06)CC013908.1.4. -->
SECTION 4. 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 31-25-1-1 of child abuse or neglect (as defined
in IC 31-9-2-14) by:
(A) the applicant;
(B) an employee of the applicant who has direct contact, on
a regular and continuous basis, with children who are under
the direct supervision of the applicant; or
(C) a volunteer of the applicant who has direct contact, on a
regular and continuous basis, 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 who has direct contact, on a regular and continuous
basis, with children who are under the direct supervision of the
applicant, or a volunteer of the applicant who has direct contact,
on a regular and continuous basis, 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)CC013908.1.5. -->
SECTION 5. 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:
(A) the licensee;
(B) an employee of the licensee who has direct contact, on
a regular and continuous basis, with children who are under
the direct supervision of the licensee; or
(C) a volunteer of the licensee who has direct contact, on a
regular and continuous basis, 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 who has direct contact, on a regular and continuous
basis, with children who are under the direct supervision of the
licensee, or a volunteer of the licensee
who has direct contact, on
a regular and continuous basis, 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)CC013908.1.6. -->
SECTION 6. 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)CC013908.1.7. -->
SECTION 7. 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 31-25-1-1 of child abuse or neglect (as defined
in IC 31-9-2-14) by:
(A) the applicant;
(B) an employee of the applicant who has direct contact, on
a regular and continuous basis, with children who are under
the direct supervision of the applicant; or
(C) a volunteer of the applicant who has direct contact, on a
regular and continuous basis, 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 who has direct contact, on a regular and continuous
basis, with children who are under the direct supervision of the
applicant, a volunteer of the applicant who has direct contact, on
a regular and continuous basis, 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)CC013908.1.8. -->
SECTION 8. 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:
(A) the licensee;
(B) an employee of the licensee who has direct contact, on a
regular and continuous basis, with children who are under
the direct supervision of the licensee; or
(C) a volunteer of the licensee who has direct contact, on a
regular and continuous basis, 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 who has direct contact, on a regular and continuous
basis, with children who are under the direct supervision of the
licensee, a volunteer of the licensee who has direct contact, on a
regular and continuous basis, 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)CC013908.1.9. -->
SECTION 9. 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 16-37-2-2.1; (06)CC013908.1.10. -->
SECTION 10. IC 16-37-2-2.1, AS AMENDED BY SEA 132-2006,
SECTION 140, 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 child support bureau of
the 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, and the test indicates that the man is
excluded as the father of the child.
(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) Except as provided in this section, 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)CC013908.1.11. -->
SECTION 11. 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)CC013908.1.12. -->
SECTION 12. IC 31-9-2-31 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: 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 r
esponsible 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 31-27;
(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)CC013908.1.13. -->
SECTION 13. 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)CC013908.1.14. -->
SECTION 14. 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 31-9-2-134.5; (06)CC013908.1.15. -->
SECTION 15. IC 31-9-2-134.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 134.5. (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 31-17-2-25; (06)CC013908.1.16. -->
SECTION 16. IC 31-17-2-25 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 25. (a) This section applies if a custodial parent
or guardian of a child dies or becomes unable to care for the child.
(b) Except as provided in subsection (d), if a person other than
a parent files a petition:
(1) seeking to determine custody of the child; or
(2) to modify custody of the child;
that person may request an initial hearing by alleging, as part of
the petition, or in a separate petition, the facts and circumstances
warranting emergency placement with a person other than the
noncustodial parent, pending a final determination of custody.
(c) If a hearing is requested under subsection (b), the court shall
set an initial hearing not later than four (4) business days after the
petition is filed to determine whether emergency placement of the
child with a person other than the child's noncustodial parent
should be granted, pending a final determination of custody.
(d) A court is not required to set an initial hearing in accordance
with this section if:
(1) it appears from the pleadings that no emergency requiring
placement with a person other than the noncustodial parent
exists;
(2) it appears from the pleadings that the petitioner does not
have a reasonable likelihood of success on the merits; or
(3) manifest injustice would result.
SOURCE: IC 31-19-2-12; (06)CC013908.1.17. -->
SECTION 17. IC 31-19-2-12, AS AMENDED BY SEA 132-2006,
SECTION 245, 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 department;
(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 31-25-3-1; (06)CC013908.1.18. -->
SECTION 18. IC 31-25-3-1, AS ADDED BY SEA 132-2006,
SECTION 271, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: (a) The child support bureau is
established within the department. The bureau is charged with the
administration of Title IV-D of the federal Social Security Act.
(b) The state's plan for the administration of Title IV-D must comply
with all provisions of state law and with the federal statutes and
regulations governing the program.
(c) The state central collection unit is established within the child
support bureau. The unit shall collect all noncash child support
payments and process child support paid through income
withholding.
SOURCE: IC 31-25-4-13; (06)CC013908.1.19. -->
SECTION 19. IC 31-25-4-13, AS ADDED BY SEA 132-2006,
SECTION 271, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: (a) The bureau shall make the
agreements necessary for the effective administration of the plan with
local governmental officials within Indiana. The bureau shall contract
with:
(1) a prosecuting attorney;
(2) a private attorney if the bureau determines that a reasonable
contract cannot be entered into with a prosecuting attorney and the
determination is approved by at least two-thirds (2/3) of the Indiana
child custody and support advisory committee established by
IC 33-24-11-1; or
(3) a collection agency licensed under IC 25-11 to collect arrearages
on child support orders under which collections have not been made
on arrearages for at least two (2) years;
in each judicial circuit to undertake activities required to be performed
under Title IV-D of the federal Social Security Act (42 U.S.C. 651),
including establishment of paternity, establishment, enforcement, and
modification of child support orders, activities under the Uniform
Reciprocal Enforcement of Support Act (IC 31-2-1 before its repeal) or
the Uniform Interstate Family Support Act (IC 31-18, or IC 31-1.5
before its repeal), and, if the contract is with a prosecuting attorney,
prosecutions of welfare fraud.
(b) The hiring of an attorney by an agreement or a contract made
under this section is not subject to the approval of the attorney general
under IC 4-6-5-3. An agreement or a contract made under this section
is not subject to IC 4-13-2-14.3 or IC 5-22.
(c) Subject to section 14 of this chapter, a prosecuting attorney with
whom the bureau contracts under subsection (a):
(1) may contract with a collection agency licensed under IC 25-11
to provide child support enforcement services; and
(2) shall contract with a collection agency licensed under IC 25-11
to collect arrearages on child support orders under which collections
have not been made on arrearages for at least two (2) years.
(d) A prosecuting attorney or private attorney entering into an
agreement or a contract with the bureau under this section enters into an
attorney-client relationship with the state to represent the interests of the
state in the effective administration of the plan and not the interests of
any other person. An attorney-client relationship is not created with any
other person by reason of an agreement or contract with the bureau.
(e) At the time an application for child support services is made, the
applicant must be informed that:
(1) an attorney who provides services for the bureau is the attorney
for the state and is not providing legal representation to the
applicant; and
(2) communications made by the applicant to the attorney and the
advice given by the attorney to the applicant are not confidential
communications protected by the privilege provided under
IC 34-46-3-1.
(f) A prosecuting attorney or private attorney who contracts or agrees
under this section to undertake activities required to be performed under
Title IV-D is not required to mediate, resolve, or litigate a dispute
between the parties relating to the amount of parenting time or
parenting time credit.
(g) This section expires December 31, 2006.
SOURCE: IC 31-25-4-13.1; (06)CC013908.1.20. -->
SECTION 20. IC 31-25-4-13.1 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 13.1. (a) This section applies
after December 31, 2006.
(b) The bureau shall make the agreements necessary for the
effective administration of the plan with local governmental
officials within Indiana. The bureau shall contract with:
(1) a prosecuting attorney;
(2) a private attorney or private entity if the bureau
determines that a reasonable contract cannot be entered into
with a prosecuting attorney and the determination is approved
by at least two-thirds (2/3) of the Indiana child custody and
support advisory committee (established by IC 33-24-11-1); or
(3) a collection agency licensed under IC 25-11 to collect
arrearages on child support orders under which collections
have not been made on arrearages for at least two (2) years;
in each judicial circuit to undertake activities required to be
performed under Title IV-D of the federal Social Security Act (42
U.S.C. 651), including establishment of paternity, establishment,
enforcement, and modification of child support orders, activities
under the Uniform Reciprocal Enforcement of Support Act (IC
31-2-1, before its repeal) or the Uniform Interstate Family Support
Act (IC 31-18, or IC 31-1.5 before its repeal), and if the contract is
with a prosecuting attorney, prosecutions of welfare fraud.
(c) The hiring of a private attorney or private entity by an
agreement or a contract made under this section is not subject to
the approval of the attorney general under IC 4-6-5-3. An
agreement or a contract made under this section is not subject to
IC 4-13-2-14.3 or IC 5-22.
(d) Subject to section 14.1 of this chapter, a prosecuting attorney
with which the bureau contracts under subsection (b):
(1) may contract with a collection agency licensed under
IC 25-11 to provide child support enforcement services; and
(2) shall contract with a collection agency licensed under
IC 25-11 to collect arrearages on child support orders under
which collections have not been made on arrearages for at least
two (2) years.
(e) A prosecuting attorney or private attorney entering into an
agreement or a contract with the bureau under this section enters
into an attorney-client relationship with the state to represent the
interests of the state in the effective administration of the plan and
not the interests of any other person. An attorney-client
relationship is not created with any other person by reason of an
agreement or contract with the bureau.
(f) At the time that an application for child support services is
made, the applicant must be informed that:
(1) an attorney who provides services for the child support
bureau is the attorney for the state and is not providing legal
representation to the applicant; and
(2) communications made by the applicant to the attorney and
the advice given by the attorney to the applicant are not
confidential communications protected by the privilege
provided under IC 34-46-3-1.
(g) A prosecuting attorney or private attorney who contracts or
agrees under this section to undertake activities required to be
performed under Title IV-D is not required to mediate, resolve, or
litigate a dispute between the parties relating to the amount of
parenting time or parenting time credit.
(h) An agreement made under subsection (b) must contain
requirements stipulating service levels a prosecuting attorney or
private entity is expected to meet. The bureau shall disburse
incentive money based on whether a prosecuting attorney or
private entity meets service levels stipulated in an agreement made
under subsection (b).
SOURCE: IC 31-25-4-14; (06)CC013908.1.21. -->
SECTION 21. IC 31-25-4-14, AS ADDED BY SEA 132-2006,
SECTION 271, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 14. (a) The bureau shall establish
a program to allow a prosecuting attorney with which the bureau has
contracted under section 18 of this chapter to contract with a collection
agency licensed under IC 25-11 to provide child support enforcement
services.
(b) The bureau shall:
(1) establish a list of approved collection agencies with which a
prosecuting attorney may contract under this section;
(2) establish requirements for participation in the program
established under this section to assure:
(A) effective administration of the plan; and
(B) compliance with all federal and state statutes, regulations,
and rules;
(3) update and review the list described in subdivision (1) and
forward a copy of the updated list to each prosecuting attorney
annually; and
(4) preapprove or approve all contracts between a collection agency
and a prosecuting attorney.
(c) A contract between a prosecuting attorney and a collection agency
under this section must include the following provisions:
(1) A provision that records of a contractor operated child support
enforcement system are subject to inspection and copying to the
same extent the records would be subject to inspection and copying
if the contractor were a public agency under IC 5-14-3.
(2) A provision that records that are provided by a contractor to the
prosecuting attorney that relate to compliance by the contractor
with the terms of the contract are subject to inspection and copying
in accordance with IC 5-14-3.
(d) Not later than July 1, 2006, the bureau shall provide the legislative
council with a report:
(1) evaluating the effectiveness of the program established under
this section; and
(2) evaluating the impact of arrearage reductions for child support
orders under which collection agencies have collected under
IC 12-17-2-18(c). IC 31-25-4-13.
(e) The bureau is not liable for any costs related to a contract entered
into under this section that are disallowed for reimbursement by the
federal government under the Title IV-D program of the federal Social
Security Act.
(f) The bureau shall treat costs incurred by a prosecuting attorney
under this section as administrative costs of the prosecuting attorney.
(g) Contracts between a collection agency licensed under IC 25-11
and the bureau or a prosecuting attorney:
(1) must:
(A) be in writing;
(B) include:
(i) all fees, charges, and costs, including administrative and
application fees; and
(ii) the right of the bureau or the prosecuting attorney to cancel
the contract at any time;
(C) require the collection agency, upon the request of the bureau
or the prosecuting attorney, to provide the:
(i) source of each payment received for arrearage on a child
support order;
(ii) form of each payment received for arrearage on a child
support order;
(iii) amount and percentage that is deducted as a fee or a charge
from each payment of arrearage on a child support order; and
(iv) amount of arrearage owed under a child support order; and
(D) be one (1) year renewable contracts; and
(2) may be negotiable contingency contracts in which a collection
agency may not collect a fee that exceeds fifteen percent (15%) of
the arrearages collected per case.
(h) A collection agency that contracts with the bureau or a
prosecuting attorney under this section may, in addition to the
collection of arrearages on a child support order, assess and collect
from an obligor all fees, charges, costs, and other expenses as
provided under the terms of the contract described in subsection
(g).
(i) This section expires December 31, 2006.
SOURCE: IC 31-25-4-14.1; (06)CC013908.1.22. -->
SECTION 22. IC 31-25-4-14.1 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]:
Sec. 14.1. (a) This section applies
after December 31, 2006.
(b) The bureau shall establish a program to allow a prosecuting
attorney with which the bureau has contracted under section 13.1
of this chapter to contract with a collection agency licensed under
IC 25-11 to provide child support enforcement services.
(c) The bureau shall:
(1) establish a list of approved collection agencies with which
a prosecuting attorney may contract under this section;
(2) establish requirements for participation in the program
established under this section to assure:
(A) effective administration of the plan; and
(B) compliance with all federal and state statutes,
regulations, and rules;
(3) update and review the list described in subdivision (1) and
forward a copy of the updated list to each prosecuting attorney
annually; and
(4) preapprove or approve all contracts between a collection
agency and a prosecuting attorney.
(d) A contract between a prosecuting attorney and a collection
agency under this section must include the following provisions:
(1) A provision that records of a contractor operated child
support enforcement system are subject to inspection and
copying to the same extent the records would be subject to
inspection and copying if the contractor were a public agency
under IC 5-14-3.
(2) A provision that records that are provided by a contractor
to the prosecuting attorney that relate to compliance by the
contractor with the terms of the contract are subject to
inspection and copying in accordance with IC 5-14-3.
(e) The bureau is not liable for any costs related to a contract
entered into under this section that are disallowed for
reimbursement by the federal government under the Title IV-D
program of the federal Social Security Act.
(f) The bureau shall treat costs incurred by a prosecuting
attorney under this section as administrative costs of the
prosecuting attorney.
(g) Contracts between a collection agency licensed under
IC 25-11 and the bureau or a prosecuting attorney:
(1) must:
(A) be in writing;
(B) include:
(i) all fees, charges, and costs, including administrative and
application fees; and
(ii) the right of the bureau or the prosecuting attorney to
cancel the contract at any time;
(C) require the collection agency, upon the request of the
bureau or the prosecuting attorney, to provide the:
(i) source of each payment received for arrearage on a
child support order;
(ii) form of each payment received for arrearage on a child
support order;
(iii) amount and percentage that is deducted as a fee or a
charge from each payment of arrearage on a child support
order; and
(iv) amount of arrearage owed under a child support
order; and
(D) be one (1) year renewable contracts; and
(2) may be negotiable contingency contracts in which a
collection agency may not collect a fee that exceeds fifteen
percent (15%) of the arrearages collected per case.
(h) A collection agency that contracts with the bureau or a
prosecuting attorney under this section may, in addition to the
collection of arrearages on a child support order, assess and collect
from an obligor all fees, charges, costs, and other expenses as
provided under the terms of the contract described in subsection
(g).
SOURCE: IC 31-25-4-23; (06)CC013908.1.23. -->
SECTION 23. IC 31-25-4-23, AS ADDED BY SEA 132-2006,
SECTION 271, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: (a) Subject to subsection (d), the Title
IV-D agency shall provide incentive payments to counties for enforcing
and collecting the support rights that have been assigned to the state.
The incentive payments shall be made by the Title IV-D agency directly
to the county and deposited in the county treasury for distribution on a
quarterly basis and in equal shares to the following manner:
(1) Twenty-two and two-tenths percent (22.2%) of the
incentive payments shall be distributed to the county general
fund.
(2) Thirty-three and four-tenths percent (33.4%) of the
incentive payments shall be distributed to the operating budget
of the prosecuting attorney.
(3) Twenty-two and two-tenths percent (22.2%) of the
incentive payments shall be distributed to the operating budget
of the circuit court clerk.
(b) Notwithstanding IC 36-2-5-2(b), distribution from the county
treasury under subsection (a) shall be made without the necessity of first
obtaining an appropriation from the county fiscal body.
(c) The amount that a county receives and the terms under which the
incentive payment is paid must be in accordance with relevant federal
statutes and the federal regulations promulgated under the statutes.
However, amounts received as incentive payments may not, without the
approval of the county fiscal body, be used to increase or supplement
the salary of an elected official. The amounts received as incentive
payments must be used to supplement, rather than take the place of,
other funds used for Title IV-D program activities.
(d) The Title IV-D agency shall retain twenty-two and two-tenths
percent (22.2%) of the incentive payments described in subsection
(a).
SOURCE: IC 31-25-4-24; (06)CC013908.1.24. -->
SECTION 24. IC 31-25-4-24, AS ADDED BY SEA 132-2006,
SECTION 271, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]:
(a) Each circuit court clerk shall do the
following:
(1)
Before January 1, 2007, receive
the support money assigned
to the state and paid under the terms of a court order in the clerk's
jurisdiction and pay the money to the Title IV-D agency within the
time limits established by P.L.93-647, as amended, and any related
regulations that are promulgated.
(2) Maintain all records concerning the payment or nonpayment of
support money that have been assigned to the state and transmit the
records to the Title IV-D agency upon request.
(3) Contract with the Title IV-D agency for the performance and the
remuneration for the performance of duties prescribed in this
section.
(b) Beginning January 1, 2007, for purposes of subsection (a)(1),
each circuit court clerk may accept only support money that is paid
in cash.
SOURCE: IC 31-25-4-25; (06)CC013908.1.25. -->
SECTION 25. IC 31-25-4-25, AS ADDED BY SEA 132-2006,
SECTION 271, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: The amounts appropriated for duties
performed by prosecuting attorneys, circuit court clerks, or other agents
under this chapter shall be distributed directly from the department of
child services.
SOURCE: IC 31-27-2-1; (06)CC013908.1.26. -->
SECTION 26. IC 31-27-2-1, AS ADDED BY SEA 132-2006,
SECTION 273, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 1. The department 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 an 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 department of child services child care fund
established by IC 31-25-1-16.
SOURCE: IC 31-27-3-13; (06)CC013908.1.27. -->
SECTION 27. IC 31-27-3-13, AS ADDED BY SEA 132-2006,
SECTION 273, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 13. (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 department.
(c) When a licensee submits a timely application for renewal, the
current license remains in effect until the department issues a license or
denies the application.
(d) A current license must be publicly displayed.
SOURCE: IC 31-27-3-14; (06)CC013908.1.28. -->
SECTION 28. IC 31-27-3-14, AS ADDED BY SEA 132-2006,
SECTION 273, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 14. (a) The department 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 department, state department
of health, or the state fire marshal to correct the areas of
noncompliance within the probationary period; and
(3) the department, 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 department 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
department 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 department the previously issued license.
SOURCE: IC 31-27-3-27; (06)CC013908.1.29. -->
SECTION 29. IC 31-27-3-27, AS ADDED BY SEA 132-2006,
SECTION 273, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 27. (a) After a license is revoked,
or suspended, the department 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 31-27-3-32; (06)CC013908.1.30. -->
SECTION 30. IC 31-27-3-32, AS ADDED BY SEA 132-2006,
SECTION 273, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 32. (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 department finds that the licensee has violated this article or
a rule adopted under this article.
(b) After complying with the procedural provisions in sections 19
through 22 of this chapter, the department may impose any of the
following sanctions revoke the license when the department 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 31-27-4-16; (06)CC013908.1.31. -->
SECTION 31. IC 31-27-4-16, AS ADDED BY SEA 132-2006,
SECTION 273, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 16. (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 department.
(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 department issues a license or
denies the application.
SOURCE: IC 31-27-4-17; (06)CC013908.1.32. -->
SECTION 32. IC 31-27-4-17, AS ADDED BY SEA 132-2006,
SECTION 273, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 17. (a) The department 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 department to correct the areas
of noncompliance within the probationary period; and
(3) the department approves the plan.
(b) A probationary license status period is valid for not more than
six (6) months. However, the department 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
department shall: reinstate
(1) reactivate the original license to the end of the original term of
the license; issue a new license, or
(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 department the previously issued license.
SOURCE: IC 31-27-4-30; (06)CC013908.1.33. -->
SECTION 33. IC 31-27-4-30, AS ADDED BY SEA 132-2006,
SECTION 273, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 30. (a) After the license of a foster
family home is revoked, or suspended, the department shall notify in
writing each person responsible for each child in care, to ensure that the
children are removed from the foster family home.
(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 31-27-4-33; (06)CC013908.1.34. -->
SECTION 34. IC 31-27-4-33, AS ADDED BY SEA 132-2006,
SECTION 273, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 33. (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 department finds that the licensee has violated this article or a rule
adopted under this article.
(b) After complying with the procedural provisions in sections 22
through 25 of this chapter, the department may impose the following
sanctions may revoke the license when the department finds that a
licensee has committed a violation under subsection (a).
(1) Suspend the license of the licensee for not more than six (6)
months.
(2) Revoke the license of the licensee.
However, the department shall permanently revoke the license of a
licensee who has been convicted of any of the felonies described in
section 13(a)(1) through 13(a)(19) of this chapter. The department may
permanently revoke the license of a person who has been convicted of
a felony that is not described in section 13(a)(1) through 13(a)(19) of
this chapter.
SOURCE: IC 31-27-5-14; (06)CC013908.1.35. -->
SECTION 35. IC 31-27-5-14, AS ADDED BY SEA 132-2006,
SECTION 273, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 14. (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 department.
(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 department issues a license or denies
the application.
SOURCE: IC 31-27-5-15; (06)CC013908.1.36. -->
SECTION 36. IC 31-27-5-15, AS ADDED BY SEA 132-2006,
SECTION 273, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 15. (a) The department 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 in the care of the licensee;
(2) the licensee files a plan with the department, the state
department of health, or the state fire marshal to correct the areas
of noncompliance within the probationary period; and
(3) the department, 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 department may extend a probationary
license status period for one (1) additional period of six (6) months.
(c) A licensee's existing license is invalidated when a probationary
license is issued to the licensee.
(d) (c) At the expiration of a probationary license, status period, the
department 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 department the previously issued license.
SOURCE: IC 31-27-5-27; (06)CC013908.1.37. -->
SECTION 37. IC 31-27-5-27, AS ADDED BY SEA 132-2006,
SECTION 273, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 27. (a) After the license of a group
home is revoked, or suspended, the department shall notify in writing
each person responsible for each child in care to ensure that the children
are removed from the group home.
(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 31-27-5-32; (06)CC013908.1.38. -->
SECTION 38. IC 31-27-5-32, AS ADDED BY SEA 132-2006,
SECTION 273, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 32. (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
department finds that the licensee has violated this article or a rule
adopted under this article.
(b) After complying with the procedural provisions in sections 19
through 22 of this chapter, the department may impose any of the
following sanctions revoke the license when the department finds that
a licensee has committed a violation under subsection (a).
(1) Suspend the license of the licensee for not more than six (6)
months.
(2) Revoke the license of the licensee.
SOURCE: IC 31-27-6-10; (06)CC013908.1.39. -->
SECTION 39. IC 31-27-6-10, AS ADDED BY SEA 132-2006,
SECTION 273, 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 department.
(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 department issues a license or
denies the application.
SOURCE: IC 31-27-6-11; (06)CC013908.1.40. -->
SECTION 40. IC 31-27-6-11, AS ADDED BY SEA 132-2006,
SECTION 273, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 11. (a) The department 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 in the care of the licensee;
(2) the licensee files a plan with the department to correct the areas
of noncompliance within the probationary period; and
(3) the department approves the plan.
(b) A probationary license status period is valid for not more than
six (6) months. However, the department may extend a probationary
license status period for one (1) additional period of six (6) months.
(c) A licensee's existing license is invalidated when a probationary
license is issued to the licensee.
(d) (c) At the expiration of a probationary license, status period, the
department 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 original license.
(e) Upon receipt of a probationary license, the licensee shall return to
the department the previously issued license.
SOURCE: IC 31-27-6-24; (06)CC013908.1.41. -->
SECTION 41. IC 31-27-6-24, AS ADDED BY SEA 132-2006,
SECTION 273, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 24. (a) After the license of a child
placing agency is revoked, or suspended, the department shall notify in
writing each person responsible for each child in care to ensure that the
children are removed from the child placing agency.
(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 31-27-6-29; (06)CC013908.1.42. -->
SECTION 42. IC 31-27-6-29, AS ADDED BY SEA 132-2006,
SECTION 273, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 29. (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 department finds that the licensee has violated this article or a rule
adopted under this article.
(b) After complying with the procedural provisions in sections 16
through 19 of this chapter, the department may impose any of the
following sanctions revoke the license when the department finds that
a licensee has committed a violation under subsection (a).
(1) Suspend the license of the licensee for not more than six (6)
months.
(2) Revoke the license of the licensee.
SOURCE: IC 31-33-18-2; (06)CC013908.1.43. -->
SECTION 43. IC 31-33-18-2, AS AMENDED BY SEA 132-2006,
SECTION 285, 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 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.
SOURCE: IC 31-33-20-4; (06)CC013908.1.44. -->
SECTION 44. 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;
who is the subject of a case described in clause (A).
(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;
who is the subject of a case described in clause (A) or (B).
(C) (D) Cases that are unassigned.
(4) To preserve confidentiality in the workplace, case child 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 31-34-5-3.5; (06)CC013908.1.45. -->
SECTION 45. IC 31-34-5-3.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 3.5. If the juvenile court releases
a child to the child's parent, guardian, or custodian under section
3 of this chapter, the court may impose conditions on the child or
the child's parent, guardian, or custodian to ensure the safety of
the child's physical or mental health.
SOURCE: IC 31-34-11-1; (06)CC013908.1.46. -->
SECTION 46. IC 31-34-11-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 1.
(a) Except as
provided in subsection (b), unless the allegations of a petition have
been admitted, the juvenile court shall
hold complete a factfinding
hearing
not more than sixty (60) days after a petition alleging that
a child is a child in need of services is filed in accordance with
IC 31-34-9.
(b) The juvenile court may extend the time to complete a
factfinding hearing, as described in subsection (a), for an
additional sixty (60) days if all parties in the action consent to the
additional time.
SOURCE: IC 31-34-11-4; (06)CC013908.1.47. -->
SECTION 47. 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)CC013908.1.48. -->
SECTION 48. 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)CC013908.1.49. -->
SECTION 49. 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)CC013908.1.50. -->
SECTION 50. IC 31-34-20-1, AS AMENDED BY SEA 132-2006,
SECTION 311, 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 or the department.
(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 31-34-21-1; (06)CC013908.1.51. -->
SECTION 51. IC 31-34-21-1, AS AMENDED BY SEA 132-2006,
SECTION 313, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 1. (a) At any time after the date of
an original dispositional decree, the juvenile court may order
(1) the department or
(2) the probation department;
to file a report on the progress made in implementing the decree.
(b) The juvenile court shall order the department to file a report
every three (3) months after the dispositional decree is entered on
the progress made in implementing the decree.
(b) (c) If, after reviewing the report, the juvenile court seeks to
consider modification of the dispositional decree, the juvenile court
shall proceed under IC 31-34-23.
SOURCE: IC 31-34-21-2; (06)CC013908.1.52. -->
SECTION 52. IC 31-34-21-2, AS AMENDED BY SEA 132-2006,
SECTION 314, 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 or the department
must be reviewed at least once every
six (6) months, or more often, if ordered by the court.
(b) The first of these periodic case reviews must occur:
(1) at least six (6) months after the date of the child's removal from
the child's parent, guardian, or custodian; or
(2) at least six (6) 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.
(d) The court may perform a periodic case review any time after
a progress report is filed as described in section 1 of this chapter.
SOURCE: IC 31-34-22-2; (06)CC013908.1.53. -->
SECTION 53. 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
parent, 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 parent, 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 parent, 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)CC013908.1.54. -->
SECTION 54. 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 31-37-6-6; (06)CC013908.1.55. -->
SECTION 55. IC 31-37-6-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 6. (a) The juvenile
court shall release the child on the child's own recognizance or to the
child's parent, guardian, or custodian upon the person's written promise
to bring the child before the court at a time specified. However, the
court may order the child detained if the court finds probable cause to
believe the child is a delinquent child and that:
(1) the child is unlikely to appear for subsequent proceedings;
(2) detention is essential to protect the child or the community;
(3) the parent, guardian, or custodian:
(A) cannot be located; or
(B) is unable or unwilling to take custody of the child;
(4) return of the child to the child's home is or would be:
(A) contrary to the best interests and welfare of the child; and
(B) harmful to the safety or health of the child; or
(5) the child has a reasonable basis for requesting that the child not
be released.
However, the findings under this subsection are not required if the child
is ordered to be detained in the home of the child's parent, guardian, or
custodian or is released subject to any condition listed in subsection (d).
(b) If a child is detained for a reason specified in subsection (a)(3),
(a)(4), or (a)(5), the child shall be detained under IC 31-37-7-1.
(c) If a child is detained for a reason specified in subsection (a)(4), the
court shall make written findings and conclusions that include the
following:
(1) The factual basis for the finding specified in subsection (a)(4).
(2) A description of the family services available and efforts made
to provide family services before removal of the child.
(3) The reasons why efforts made to provide family services did not
prevent removal of the child.
(4) Whether efforts made to prevent removal of the child were
reasonable.
(d) Whenever the court releases a child under this section, the court
may impose conditions upon the child, including:
(1) home detention;
(2) electronic monitoring;
(3) a curfew restriction;
(4) a protective order;
(5) a no contact order;
(6) an order to comply with Indiana law; or
(7) an order placing any other reasonable conditions on the child's
actions or behavior.
(e) If the juvenile court releases a child to the child's parent,
guardian, or custodian under this section, the court may impose
conditions on the child's parent, guardian, or custodian to ensure:
(1) the safety of the child's physical or mental health;
(2) the public's physical safety; or
(3) that any combination of subdivisions (1) and (2) is satisfied.
SOURCE: IC 31-37-18-9; (06)CC013908.1.56. -->
SECTION 56. 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)CC013908.1.57. -->
SECTION 57. IC 31-37-19-1, AS AMENDED BY SEA 132-2006,
SECTION 345, 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 or the department.
(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)CC013908.1.58. -->
SECTION 58. 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
parent, 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 parent, 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 parent, 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 33-37-5-6; (06)CC013908.1.59. -->
SECTION 59. IC 33-37-5-6, AS AMENDED BY HEA 1040-2006,
SECTION 508, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: (a) This section applies to an action in
which a final court order requires a person to pay support or
maintenance payments through the clerk
or the state central collection
unit.
(b) The clerk
or the state central collection unit shall collect a fee
in addition to support and maintenance payments. The fee is
the
following:
(1) Twenty dollars ($20) for the calendar year in which the initial
order is entered, unless the first payment is due after June 30 of that
calendar year.
(2) Ten dollars ($10) for the calendar year in which the initial order
was entered, if the first payment is due after June 30 of that
calendar year.
(3) In each subsequent year in which the initial order or a modified
order is in effect, twenty dollars ($20) if the fee is paid before
February 1, or thirty dollars ($30) if paid after January 31.
thirty dollars ($30) for each calendar year.
(c) The fee required under subsection (b) is due at the time that the
first support or maintenance payment for the calendar year in which the
fee must be paid is due.
(d) The clerk may not deduct the fee from a support or maintenance
payment.
(e) Except as provided under IC 33-32-4-6 and IC 33-37-7-2(g),
if a
fee is collected under this section by the clerk, the clerk shall forward
the fee collected under this section to the county auditor in accordance
with IC 33-37-7-12(a). If a fee is collected under this section by the
central collection unit, the fee shall be deposited in the state general
fund.
(f) Income payors required to withhold income under
IC 31-16-15 shall pay the annual fee required by subsection (b)
through the income withholding procedures described in
IC 31-16-15-1.
SOURCE: IC 31-27-3-23; IC 31-27-3-24; IC 31-27-3-25; IC 31-27-
4-26; IC 31-27-4-27; IC 31-27-4-28; IC 31-27-5-23; IC 31-27-5-24;
IC 31-27-5-25; IC 31-27-6-20; IC 31-27-6-21; IC 31-27-6-22.
; (06)CC013908.1.60. -->
SECTION 60. THE FOLLOWING ARE REPEALED [EFFECTIVE
JULY 1, 2006]: IC 31-27-3-23; IC 31-27-3-24; IC 31-27-3-25;
IC 31-27-4-26; IC 31-27-4-27; IC 31-27-4-28; IC 31-27-5-23;
IC 31-27-5-24; IC 31-27-5-25; IC 31-27-6-20; IC 31-27-6-21;
IC 31-27-6-22.
SOURCE: ; (06)CC013908.1.61. -->
SECTION 61. [EFFECTIVE UPON PASSAGE] (a)
Notwithstanding the amendment of IC 12-17.2-2-3(a) by SEA
132-2006, SECTION 93, and notwithstanding SEA 132-2006,
SECTION 378, requiring that the balance of the child care fund
shall be transferred to the division of family resources child care
fund on June 30, 2006, the child care fund shall remain in existence
after June 30, 2006, until the entire balance of the child care fund
is transferred to the division of family resources child care fund.
(b) This SECTION expires January 1, 2007.
SOURCE: ; (06)CC013908.1.62. -->
SECTION 62.
An emergency is declared for this act.
(Reference is to ESB 139 as reprinted March 3, 2006.)
Conference Committee Report
on
Engrossed Senate Bill 139
Text Box
S
igned by:
____________________________ ____________________________
Senator Lawson CRepresentative Bell
Chairperson
____________________________ ____________________________
Senator LananeRepresentative Summers
Senate Conferees House Conferees