SB 328-1_ Filed 04/05/2007, 14:26
Text Box
Adopted Rejected
[
]
COMMITTEE REPORT
YES:
9
NO:
0
MR. SPEAKER:
Your Committee on Family, Children and Human Affairs , to which was referred
Senate Bill 328 , has had the same under consideration and begs leave to report the same
back to the House with the recommendation that said bill be amended as follows:
SOURCE: Page 1, line 1; (07)CR032801.1. -->
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
SOURCE: IC 10-13-3-27.5; (07)CR032801.1. -->
"SECTION 1. IC 10-13-3-27.5, AS AMENDED BY P.L.146-2006,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: 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 at least eighteen (18) years of age
and 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 at least eighteen (18) years of
age and 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; whose fingerprints are provided to the department
under this subsection; 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 at least eighteen (18)
years of age and 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 the subject
of the name based criminal history record check 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: Page 3, line 39; (07)CR032801.3. -->
Page 3, line 39, delete "IC 31-25-2-20" and insert " IC
31-25-2-20.4".
Page 5, line 8, after "age" insert " as".
Page 5, line 13, after "(1)(A)" insert ", or a person for whom a
fingerprint based criminal history background check is required
under IC 31,".
Page 5, line 26, after "office"" delete "," and insert " or "county
office of family and children",".
Page 6, between lines 7 and 8, begin a new paragraph and insert:
SOURCE: IC 31-9-2-38.5; (07)CR032801.9. -->
"SECTION 9. IC 31-9-2-38.5, AS AMENDED BY P.L.145-2006,
SECTION 187, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 38.5. "Department", for purposes
of IC 31-19, IC 31-25, IC 31-26, IC 31-27, IC 31-28, IC 31-33,
IC 31-34, IC 31-38, and IC 31-25 through IC 31-40, has the meaning
set forth in IC 31-25-2-1.".
SOURCE: Page 8, line 7; (07)CR032801.8. -->
Page 8, between lines 7 and 8, begin a new paragraph and insert:
SOURCE: IC 31-19-11-1; (07)CR032801.18. -->
"SECTION 18. IC 31-19-11-1, AS AMENDED BY P.L.140-2006,
SECTION 17, AS AMENDED BY P.L.173-2006, SECTION 17, AND
AS AMENDED BY P.L.145-2006, SECTION 253, IS CORRECTED
AND AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2007]: Sec. 1. (a) Whenever the court has heard the evidence and finds
that:
(1) the adoption requested is in the best interest of the child;
(2) the petitioner or petitioners for adoption are of sufficient
ability to rear the child and furnish suitable support and
education;
(3) the report of the investigation and recommendation under
IC 31-19-8-5 has been filed;
(4) the attorney or agency arranging an adoption has filed with the
court an affidavit prepared by the state department of health under
IC 31-19-5-16 indicating whether a man is entitled to notice of the
adoption because the man has registered with the putative father
registry in accordance with IC 31-19-5;
(5) proper notice arising under subdivision (4), if notice is
necessary, of the adoption has been given;
(6) the attorney or agency has filed with the court an affidavit
prepared by the state department of health under:
(A) IC 31-19-6 indicating whether a record of a paternity
determination; or
(B) IC 16-37-2-2(g) indicating whether a paternity affidavit
executed under IC 16-37-2-2.1;
has been filed in relation to the child;
(7) proper consent, if consent is necessary, to the adoption has
been given;
(8) the petitioner for adoption is not prohibited from adopting the
child as the result of an inappropriate criminal history described
in subsection (c) or (d); and
(9) the person, licensed child placing agency, or county office of
family and children that has placed the child for adoption has
provided the documents and other information required under
IC 31-19-17 to the prospective adoptive parents;
the court shall grant the petition for adoption and enter an adoption
decree.
(b) A court may not grant an adoption unless the
department's state
department of health's affidavit under IC 31-19-5-16 is filed with the
court as provided under subsection (a)(4).
(c) A conviction of a felony or a misdemeanor related to the health
and safety of a child by a petitioner for adoption is a permissible basis
for the court to deny the petition for adoption. In addition, the court
may not grant an adoption if a petitioner for adoption has been
convicted of any of the felonies described as follows:
(1) Murder (IC 35-42-1-1).
(2) Causing suicide (IC 35-42-1-2).
(3) Assisting suicide (IC 35-42-1-2.5).
(4) Voluntary manslaughter (IC 35-42-1-3).
(5) Reckless homicide (IC 35-42-1-5).
(6) Battery as a felony (IC 35-42-2-1).
(7) Domestic battery (IC 35-42-2-1.3).
(7) (8) Aggravated battery (IC 35-42-2-1.5).
(8) (9) Kidnapping (IC 35-42-3-2).
(9) (10) Criminal confinement (IC 35-42-3-3).
(10) (11) A felony sex offense under IC 35-42-4.
(11) (12) Carjacking (IC 35-42-5-2).
(12) (13) Arson (IC 35-43-1-1).
(13) (14) Incest (IC 35-46-1-3).
(14) (15) Neglect of a dependent (IC 35-46-1-4(a)(1) and
IC 35-46-1-4(a)(2)).
(15) (16) Child selling (IC 35-46-1-4(d)).
(16) (17) A felony involving a weapon under IC 35-47 or
IC 35-47.5.
(17) (18) A felony relating to controlled substances under
IC 35-48-4.
(18) (19) An offense relating to material or a performance that is
harmful to minors or obscene under IC 35-49-3.
(19) (20) A felony that is substantially equivalent to a felony
listed in subdivisions (1) through
(18) (19) for which the
conviction was entered in another state.
However, the court is not prohibited from granting an adoption based
upon a felony conviction under subdivision (6),
(11), (12),
(13), (
16),
or (17), or
(18), or its equivalent under subdivision
(19), (20), if the
offense was not committed within the immediately preceding five (5)
year period.
(d) A court may not grant an adoption if the petitioner is an a sex
offender (as defined in IC 5-2-12-4). IC 11-8-8-5).".
SOURCE: Page 8, line 8; (07)CR032801.8. -->
Page 8, line 8, delete "IC 31-25-2-20" and insert "IC 31-25-2-20.4".
Page 8, line 10, delete "20." and insert "
20.4.".
Page 9, line 42, strike "submit".
Page 11, line 4, delete "national".
Page 11, line 7, after "volunteer" delete "in" and insert "
to".
Page 11, line 17, delete "national".
Page 11, line 41, delete "applicant" and insert "
applicant's".
Page 12, line 10, delete "record information".
Page 13, line 12, delete "IC 31-27-4-13(a); or" and insert "
IC
31-27-4-13(a).".
Page 13, line 25, strike "(a)(2)," and insert "
(a) or (b),".
Page 13, line 27, after "conviction of" insert ",
or a determination
of child abuse or neglect by,".
Page 13, line 30, after "of" insert ",
or determination of child
abuse or neglect by,".
Page 14, line 11, delete "IC 31-25-2-20." and insert "
IC
31-25-2-20.4.".
Page 15, line 11, delete "IC 31-27-4-13(a); or" and insert "
IC
31-27-4-13(a).
Page 15, line 24, after "subsection" insert "
(a) or".
Page 15, line 25, delete "A license" and insert "
a license".
Page 15, line 25, delete "of" and insert "
of, or a determination of
child abuse or neglect by,".
Page 15, line 29, delete "conviction;" and insert "
conviction or
determination;".
Page 15, line 30, after "of" insert ",
or determination of child
abuse or neglect by,".
Page 17, line 7, delete "national".
Page 17, line 14, delete "national".
Page 17, line 29, delete "national".
Page 18, line 11, delete "applicant" and insert "
applicant's".
Page 18, line 22, delete "record information".
Page 18, line 39, after "applicant" delete ",".
Page 19, line 19, delete "adult" and insert "
individual".
Page 19, line 25, delete "IC 31-27-4-13(a); or" and insert "
IC
31-27-4-13(a).".
Page 19, line 29, delete "." and insert " or to permit the individual
to reside in the applicant's residence.".
Page 19, between lines 37 and 38, begin a line block indented and
insert:
" (5) The nature and extent of unsupervised contact with
children residing in the home.".
Page 19, line 38, strike "(a)(2)," and insert " (a) or (b),".
Page 19, line 40, after "of" insert ", or a determination of child
abuse or neglect by,".
Page 20, line 3, after "of" insert ", or determination of child abuse
or neglect by,".
Page 20, between lines 6 and 7, begin a new paragraph and insert:
SOURCE: IC 31-27-4-13; (07)CR032801.2. -->
"SECTION 2. IC 31-27-4-13, AS ADDED BY P.L.145-2006,
SECTION 273, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 13. (a) The department shall deny
a license when an applicant fails to meet the requirements for a license.
The department shall deny a license to an applicant who has been
convicted of any of the following felonies:
(1) Murder (IC 35-42-1-1).
(2) Causing suicide (IC 35-42-1-2).
(3) Assisting suicide (IC 35-42-1-2.5).
(4) Voluntary manslaughter (IC 35-42-1-3).
(5) Reckless homicide (IC 35-42-1-5).
(6) Battery (IC 35-42-2-1).
(7) Domestic battery (IC 35-42-2-1.3).
(7) (8) Aggravated battery (IC 35-42-2-1.5).
(8) (9) Kidnapping (IC 35-42-3-2).
(9) (10) Criminal confinement (IC 35-42-3-3).
(10) (11) A felony sex offense under IC 35-42-4.
(11) (12) Carjacking (IC 35-42-5-2).
(12) (13) Arson (IC 35-43-1-1).
(13) (14) Incest (IC 35-46-1-3).
(14) (15) Neglect of a dependent (IC 35-46-1-4(a)(1) and
IC 35-46-1-4(a)(2)).
(15) (16) Child selling (IC 35-46-1-4(d)).
(16) (17) A felony involving a weapon under IC 35-47 or
IC 35-47.5.
(17) (18) A felony relating to controlled substances under
IC 35-48-4.
(18) (19) An offense relating to material or a performance that is
harmful to minors or obscene under IC 35-49-3.
(19) (20) A felony that is substantially equivalent to a felony
listed in subdivisions (1) through (18) (19) for which the
conviction was entered in another state.
The department may deny a license to an applicant who has been
convicted of a felony that is not listed in this subsection.
(b) The department shall send written notice by certified mail that
the application has been denied and give the reasons for the denial.
(c) An administrative hearing concerning the denial of a license
shall be provided upon written request by the applicant. The request
must be made not more than thirty (30) days after receiving the written
notice under subsection (b).
(d) An administrative hearing shall be held not more than sixty (60)
days after receiving a written request.
(e) An administrative hearing shall be held in accordance with
IC 4-21.5-3.
(f) The department shall issue a decision not more than sixty (60)
days after the conclusion of a hearing.".
SOURCE: Page 20, line 26; (07)CR032801.20. -->
Page 20, line 26, delete "IC 31-25-2-20." and insert "
IC
31-25-2-20.4.".
Page 21, line 18, delete "adult" and insert "
individual".
Page 21, line 23, delete "IC 31-27-4-13(a); or" and insert "
IC
31-27-4-13(a).".
Page 21, line 27, delete "." and insert "
or to permit the individual
to reside in the licensee's residence.".
Page 21, line 37, delete "A license" and insert "
a license".
Page 21, line 37, delete "of" and insert "
of, or a determination of
child abuse or neglect by,".
Page 21, line 38, delete ";" and insert "
or an individual residing in
the residence of the licensee;".
Page 21, line 41, delete ";" and insert "
or that the individual no
longer resides in the licensee's residence;".
Page 21, line 42, after "of" insert "
, or determination of child
abuse or neglect by,".
Page 21, line 42, delete "employee or" and insert "
employee,".
Page 22, line 1, delete "volunteer" and insert "
volunteer, or former
household resident".
Page 23, line 28, delete "national".
Page 23, line 42, delete "national".
Page 24, line 24, delete "applicant" and insert "
applicant's".
Page 24, line 35, delete "record information".
Page 26, line 18, strike "(a)(2)," and insert "
(a) or (b),".
Page 26, line 20, after "conviction of" insert ",
or a determination
of child abuse or neglect by,".
Page 26, line 23, after "of" insert ",
or determination of child
abuse or neglect by,".
Page 27, line 3, delete "IC 31-25-2-20." and insert "
IC
31-25-2-20.4.".
Page 28, line 16, after "subsection" insert "
(a) or".
Page 28, line 17, delete "A license" and insert "
a license".
Page 28, line 17, delete "of" and insert "
of, or a determination of
child abuse or neglect by,".
Page 28, line 22, after "of" insert "
, or determination of child
abuse or neglect by,".
Page 30, delete lines 9 through 17, begin a new paragraph and
insert:
"
(h) A criminal history background check required under
subsection (d)(2) or (d)(3) must be completed on or before the date
on which the subject of the check is employed or assigned as a
volunteer. However, a fingerprint based criminal history
background check as described in IC 31-9-2-22.5(1)(B) and
required under subsection (d)(3) must be completed not later than
the conclusion of the first ninety (90) days of employment in or
assignment of a volunteer to a position described in subsection
(d)(3). If a person described in this subsection has been the subject
of a criminal history background check (as described in
IC 31-9-2-22.5) that was conducted not more than one (1) year
before the date the license application is submitted to the
department, a new criminal history check of that person is not
required.
(i) An applicant or a licensee may provisionally employ an
individual or assign a volunteer for whom a criminal history
background check is required under subsection (d)(3) during the
period after the process of requesting fingerprint based criminal
history background check information has been initiated by or on
behalf of the applicant or licensee but before the determination is
obtained by or communicated to the applicant or licensee. If the
determination is not received within ninety (90) days after the
effective date of hire or volunteer assignment, the employee or
volunteer relationship must be terminated or suspended until a
determination is received. An employee or a volunteer whose
determination has not yet been received may not have direct
contact with a child who is or will be placed at a facility operated
by the applicant or licensee unless the direct contact occurs only in
the presence of a volunteer or an employee of the applicant or
licensee who has been the subject of a completed and approved
criminal history background check. In determining whether to
provisionally hire or assign as a volunteer an individual under
subsection (d)(3), the applicant or licensee shall consider the
following:
(1) The training time required by an employee or a volunteer.
(2) The safety and security of the children under the
supervision of the applicant or licensee.
(3) The safety and security of the other staff and volunteers
working under the supervision of the applicant or licensee.
(4) The staffing concerns of the applicant or licensee.
(5) Any other factor relating to the safety and security of the
applicant's or licensee's operations.".
Page 30, line 18, delete "(i)" and insert " (j)".
Page 30, line 25, delete "(j)" and insert " (k)".
Page 30, line 28, delete "record information".
Page 31, line 21, after "that the" insert " applicant".
Page 32, line 1, strike "(a)(2)," and insert " (a) or (b),".
Page 32, line 3, after "conviction of" insert ", or a determination
of child abuse or neglect by,".
Page 32, line 6, after "of" insert ", or determination of child abuse
or neglect by,".
Page 32, line 25, delete "IC 31-25-2-20." and insert " IC
31-25-2-20.4.".
Page 32, line 39, delete ",".
Page 33, line 38, after "subsection" insert " (a) or".
Page 33, line 39, delete "A license" and insert "
a license".
Page 33, line 39, delete "of," and insert "
of, or a determination of
child abuse or neglect by,".
Page 34, line 1, delete "conviction;" and insert "
conviction or
determination;".
Page 34, line 2, after "of" insert "
, or determination of child abuse
or neglect by,".
Page 34, between lines 5 and 6, begin a new paragraph and insert:
SOURCE: IC 31-32-1-4; (07)CR032801.37. -->
"SECTION 37. IC 31-32-1-4 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2007]:
Sec. 4. (a) Any written notice of a hearing or other court
proceeding in a child in need of services case under IC 31-34 or a
delinquency case under IC 31-37 shall be given to:
(1) a party in the manner provided by Rule 5 of the Indiana
Rules of Trial Procedure; or
(2) an individual who is not a party by:
(A) personal delivery to the individual; or
(B) mail as provided in Rule 5(B)(2) of the Indiana Rules
of Trial Procedure.
(b) Notice by mail must be deposited in the United States mail
not less than five (5) calendar days (excluding Saturdays, Sundays,
and national legal holidays recognized by the federal government)
before the date of the scheduled hearing or proceeding.
(c) Written notice may be given by either:
(1) a copy of a court order or docket entry; or
(2) a letter addressed to the individual required to be notified;
that states the date, time, and purpose of the hearing.
(d) Written notice is not required if verbal notice of the date,
time, place, and purpose of the hearing is given by the court at an
earlier hearing or proceeding at which the individual to be notified
is present.
(e) Written notice is not required if:
(1) the hearing or proceeding is scheduled to be held at a time
within forty eight (48) hours (excluding Saturdays, Sundays,
and any day on which a legal holiday is observed for state
employees) after the court sets the time for the hearing or
proceeding; and
(2) the individual responsible for giving the notice under this
section:
(A) provides verbal notice of the date, time, place, and
purpose of the hearing or proceeding directly to the person
required to be notified; and
(B) verifies by affidavit or testimony at the hearing that
verbal notice was given as required under this subsection.
(f) Except as provided in subsection (d):
(1) the department is responsible for giving all notices of a
hearing or proceeding in a child in need of services case under
IC 31-34; and
(2) the prosecuting attorney or the probation department of
the juvenile court is responsible for giving all notices of a
hearing or proceeding in a delinquency case under IC 31-37.".
SOURCE: Page 34, line 28; (07)CR032801.34. -->
Page 34, line 28, delete "index of" and insert " index a".
Page 36, line 36, delete "IC 31-25-2-20." and insert " IC
31-25-2-20.4.".
Page 37, line 20, delete "worker" and insert " caseworker".
Page 37, line 28, delete "workers" and insert " caseworkers".
Page 39, line 38, delete "on" and insert " on:
(1)".
Page 39, line 40, delete "neglect." and insert " neglect; or
(2) facts presented to the court at a hearing in a child in need
of services case commenced under IC 31-34 that are
consistent with the facts and conclusions stated in the report,
if the department approved the substantiated report after the
court's determination.".
Page 41, line 23, delete "whether" and insert " whether:
(1)".
Page 41, line 23, after "is" insert " properly".
Page 41, line 24, delete "substantiated," and insert " substantiated;
(2) child abuse or neglect occurred; or
(3) any person was a perpetrator of child abuse or neglect;".
Page 41, line 24, beginning with "the determination" begin a new
line blocked left.
Page 44, line 30, delete "(12)" and insert " (10)".
Page 45, line 17, strike "legal holidays," and insert " any day on
which a legal holiday is observed for state employees as provided
in IC 1-1-9,".
Page 45, between lines 23 and 24, begin a new line block indented
and insert:
" (3) Each foster parent or other caretaker with whom the
child has been placed for temporary care under IC 31-34-4.".
Page 45, between lines 26 and 27, begin a new paragraph and insert:
" (c) The court shall:
(1) provide a person who is required to be notified under
subsection (a)(2) or (a)(3) an opportunity to be heard; and
(2) allow a person described in subdivision (1) to make
recommendations to the court;
at the detention hearing.".
Page 46, between lines 1 and 2, begin a new paragraph and insert:
" (d) The department shall notify each foster parent or other
caretaker with whom the child has been temporarily placed under
IC 31-34-2.5 of the detention hearing. The court shall:
(1) provide a person who is required to be notified under this
subsection an opportunity to be heard; and
(2) allow a person described in subdivision (1) to make
recommendations to the court;
at the detention hearing."
Page 46, delete lines 15 through 17.
Page 46, line 18, delete "(e)" and insert " (d)".
Page 46, line 21, delete "(f)" and insert " (e)".
Page 46, line 25, delete "(g)" and insert " (f)".
Page 46, between lines 32 and 33, begin a new paragraph and insert:
" (g) The department shall provide notice of the time, place, and
purpose of the initial hearing and any additional initial hearing
scheduled under this section to each foster parent or other
caretaker with whom the child has been temporarily placed under
IC 31-34-2.5, IC 31-34-4, or IC 31-34-5. The notice under this
subsection may be combined with the notice of the detention
hearing under IC 31-34-5. The court shall:
(1) provide a:
(A) person for whom a summons is required to be issued
under subsection (b); and
(B) person who is required to be notified under this
subsection;
an opportunity to be heard; and
(2) allow a person described in subdivision (1) to make
recommendations to the court;
at the initial hearing.
SOURCE: IC 31-34-11-1; (07)CR032801.45. -->
SECTION 45. IC 31-34-11-1, AS AMENDED BY P.L.146-2006,
SECTION 46, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 1. (a) Except as provided in subsection (b), unless
the allegations of a petition have been admitted, the juvenile court shall
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.
(c) If the factfinding hearing is not held immediately after the
initial hearing as provided under IC 31-34-10-9, the department
shall provide notice of any factfinding hearing to each foster parent
or other caretaker with whom the child has been placed for
temporary care. The court shall provide a person who is required
to be notified under this subsection an opportunity to be heard at
the factfinding hearing.
SOURCE: IC 31-34-19-1.3; (07)CR032801.46. -->
SECTION 46. IC 31-34-19-1.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 1.3. (a) The department shall
provide notice of the date, time, place, and purpose of the
dispositional hearing under this chapter to each:
(1) party or person for whom a summons is required to be
issued under IC 31-34-10-2; and
(2) foster parent or other caretaker with whom the child is
placed for temporary care;
at the time the dispositional hearing is scheduled.
(b) The court shall:
(1) provide a person required to be notified under subsection
(a) an opportunity to be heard; and
(2) allow a person described in subdivision (1) to make
recommendations to the court;
at the dispositional hearing.
SOURCE: IC 31-34-19-2; (07)CR032801.47. -->
SECTION 47. IC 31-34-19-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 2. (a) Any
predispositional report may be admitted into evidence to the extent that
the report contains evidence of probative value even if the report would
otherwise be excluded.
(b) If a report contains information that should not be released to the
child or the child's parent, guardian, or custodian, a factual summary of
the report may be admitted.
(c) The:
(1) child;
(2) child's parent, guardian, or custodian; and
(3) person representing the interests of the state;
and a foster parent or other caretaker who is entitled to notice of
the dispositional hearing under section 1.3 of this chapter shall be
given a fair opportunity to controvert any part of the report admitted
into evidence.".
SOURCE: Page 47, line 12; (07)CR032801.47. -->
Page 47, line 12, delete "child," and insert " child in person, or
through an interview with, or written statement or report
submitted by:
(A) a guardian ad litem or court appointed special
advocate for the child;
(B) a case manager; or
(C) the person with whom the child is living and who has
primary responsibility for the care and supervision of the
child;".
Page 47, line 12, beginning with "in" begin a new line block
indented.
Page 47, line 25, after "(1)" insert " require the department to".
Page 48, between lines 5 and 6, begin a new paragraph and insert:
SOURCE: IC 31-34-22-1; (07)CR032801.49. -->
"SECTION 49. IC 31-34-22-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 1. (a) Before a case
review under IC 31-34-21-2 or hearing under IC 31-34-21-7, the
probation department or the
county office of family and children
department shall prepare a report on the progress made in
implementing the dispositional decree, including the progress made in
rehabilitating the child, preventing placement out-of-home, or reuniting
the family.
(b) Before preparing the report required by subsection (a), the
probation department or the
county office of family and children
department shall consult a foster parent of the child about the child's
progress made while in the foster parent's care.
(c) If modification of the dispositional decree is recommended, the
probation department or the county office of family and children
department shall prepare a modification report containing the
information required by IC 31-34-18 and request a formal court
hearing.
SOURCE: IC 31-34-22-2; (07)CR032801.50. -->
SECTION 50. IC 31-34-22-2, AS AMENDED BY P.L.146-2006,
SECTION 53, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: 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,
or any other person who is entitled to receive notice of
the periodic case review or permanency hearing under
IC 31-34-21-4 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, any person entitled to
receive a report under subsection (a), 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 31-34-22-3; (07)CR032801.51. -->
SECTION 51. IC 31-34-22-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 3. (a) Any report may
be admitted into evidence to the extent that the report contains
evidence of probative value even if the evidence would otherwise be
excluded.
(b) If a report contains information that should not be released to the
child or the child's parent, guardian, or custodian, or any other person
who is entitled to receive a report under section 2 of this chapter,
a factual summary of the report may be admitted.
(c) The:
(1) child;
(2) child's parent, guardian, or custodian; and
(3) person representing the interests of the state;
and any other person who is entitled to receive a report under
section 2 of this chapter shall be given a fair opportunity to controvert
any part of the report admitted into evidence.
SOURCE: IC 31-34-23-4; (07)CR032801.52. -->
SECTION 52. IC 31-34-23-4, AS AMENDED BY P.L.129-2005,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 4. If a hearing is required, IC 31-34-18 governs
the preparation and use of a modification report. The report shall be
prepared if the state or any person other than the child or the child's
parent, guardian, guardian ad litem, court appointed special advocate,
or custodian is requesting the modification. Notice of any hearing
under this chapter shall be given in accordance with
IC 31-34-19-1.3.".
SOURCE: Page 52, line 38; (07)CR032801.52. -->
Page 52, line 38, delete "(2)each" and insert " (2) each".
Page 56, between lines 3 and 4, begin a new paragraph and insert:
SOURCE: IC 31-37-6-3; (07)CR032801.79. -->
"SECTION 79. IC 31-37-6-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 3. (a) Notice of the
time, place, and purpose of a detention hearing shall be given to:
(1) the child; and
(2) the child's parent, guardian, or custodian if the person can be
located; and
(3) each foster parent or other caretaker with whom the child
has been placed for temporary care under IC 31-37-5.
(b) The court shall:
(1) provide a person who is required to be notified under
subsection (a)(2) or (a)(3) an opportunity to be heard; and
(2) allow a person described in subdivision (1) to make
recommendations to the court;
at the detention hearing.
SOURCE: IC 31-37-12-2; (07)CR032801.80. -->
SECTION 80. IC 31-37-12-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 2. (a) The juvenile
court shall hold an initial hearing on each petition.
(b) The juvenile court shall set a time for the initial hearing. A
summons shall be issued for the following:
(1) The child.
(2) The child's parent, guardian, custodian, or guardian ad litem.
(3) Any other person necessary for the proceedings.
(c) A copy of the petition must accompany each summons. The
clerk shall issue the summons under Rule 4 of the Indiana Rules of
Trial Procedure.
(d) The prosecuting attorney or the probation department of the
juvenile court shall provide notice of the time, place, and purpose
of the initial hearing scheduled or held under this section to each
foster parent or other caretaker with whom the child has been
placed for temporary care under IC 31-37-5 or IC 31-37-7. The
court shall:
(1) provide a:
(A) person for whom summons is required to be issued
under subsection (b); and
(B) person required to be notified under this subsection;
an opportunity to be heard; and
(2) allow a person described in subdivision (1) to make
recommendations to the court;
at the initial hearing.
SOURCE: IC 31-37-13-1; (07)CR032801.81. -->
SECTION 81. IC 31-37-13-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 1.
(a) Unless the
allegations of a petition have been admitted, the juvenile court shall
hold a factfinding hearing.
(b) If the factfinding hearing is not held immediately after the
initial hearing as provided under IC 31-37-12-9, the prosecuting
attorney or probation department of the juvenile court shall
provide notice of any factfinding hearing to each foster parent or
other caretaker with whom the child has been placed for
temporary care. The court shall provide a person required to be
notified under this subsection an opportunity to be heard at the
factfinding hearing.
SOURCE: IC 31-37-18-1.3; (07)CR032801.82. -->
SECTION 82. IC 31-37-18-1.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 1.3. (a) The prosecuting attorney
or probation department of the juvenile court shall provide notice
of the date, time, place, and purpose of the dispositional hearing
under this chapter to each:
(1) party or person for whom a summons is required to be
issued under IC 31-37-12-2; and
(2) foster parent or other caretaker with whom the child is
placed for temporary care;
at the time the dispositional hearing is scheduled.
(b) The court shall:
(1) provide a person who is required to be notified under
subsection (a) an opportunity to be heard; and
(2) allow a person described in subdivision (1) to make
recommendations to the court;
at the dispositional hearing.
SOURCE: IC 31-37-18-2; (07)CR032801.83. -->
SECTION 83. IC 31-37-18-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 2. (a) Any
predispositional report may be admitted into evidence to the extent that
the report contains evidence of probative value even if the report would
otherwise be excluded.
(b) If a report contains information that should not be released to the
child or the child's parent, guardian, or custodian, a factual summary of
the report may be admitted.
(c) The:
(1) child;
(2) child's parent, guardian, or custodian; and
(3) person representing the interests of the state;
and a foster parent or other caretaker who is entitled to notice of
the dispositional hearing under section 1.3 of this chapter shall be
given a fair opportunity to controvert any part of the report admitted
into evidence.
SOURCE: IC 31-37-20-4.5; (07)CR032801.84. -->
SECTION 84. IC 31-37-20-4.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 4.5. (a) At least ten (10) days
before a hearing under section 2 or 3 of this chapter, the probation
department shall send notice of the hearing to each of the
following:
(1) The child's parent, guardian, or custodian.
(2) An attorney who has entered an appearance on behalf of
the child's parent, guardian, or custodian.
(3) The child or an attorney who has entered an appearance
on behalf of the child.
(4) A prospective adoptive parent named in a petition for
adoption of the child filed under IC 31-19-2 if:
(A) each consent to adoption of the child that is required
under IC 31-19-9-1 has been executed in the form and
manner required by IC 31-19-9 and filed with the county
office;
(B) the court having jurisdiction in the adoption case has
determined under any applicable provision of IC 31-19-9
that consent to adoption is not required from a parent,
guardian, or custodian; or
(C) a petition to terminate the parent-child relationship
between the child and any parent who has not executed a
written consent to adoption under IC 31-19-9-2 has been
filed under IC 31-35 and is pending.
(5) Any other person who:
(A) the probation department has knowledge is currently
providing care for the child; and
(B) is not required to be licensed under IC 12-17.2 or
IC 31-27 to provide care for the child.
(6) Any other suitable relative or person whom the probation
department knows has had a significant or caretaking
relationship to the child.
(b) The court shall provide to a person described in subsection
(a) an opportunity to be heard and to make any recommendations
to the court in a hearing under section 2 or 3 of this chapter. The
right to be heard and to make recommendations under this
subsection includes:
(1) the right of a person described in subsection (a) to submit
a written statement to the court that, if served upon all parties
to the delinquency proceeding and the persons described in
subsection (a), may be made a part of the court record; and
(2) the right to present oral testimony to the court and
cross-examine any of the witnesses at the hearing.
(c) This section does not exempt the probation department from
sending a notice of the review to each party to the delinquency
proceeding.
(d) The court shall continue the hearing if, at the time set for the
hearing, the probation department has not provided the court with
a signed verification that any person required to be notified under
this section has been notified in the manner stated in the
verification, unless the person appears for the hearing.
SOURCE: IC 31-37-21-2; (07)CR032801.85. -->
SECTION 85. IC 31-37-21-2, AS AMENDED BY P.L.146-2006,
SECTION 58, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: 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,
or any other person who is entitled to receive
notice under IC 31-37-20-4.5 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, any person who is
entitled to receive a report under subsection (a), 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 31-37-21-3; (07)CR032801.86. -->
SECTION 86. IC 31-37-21-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 3. (a) Any report may
be admitted into evidence to the extent that the report contains
evidence of probative value even if the evidence would otherwise be
excluded.
(b) If a report contains information that should not be released to the
child or the child's parent, guardian, or custodian, or any other person
who is entitled to receive a report under section 2 of this chapter,
a factual summary of the report may be admitted.
(c) The:
(1) child;
(2) child's parent, guardian, or custodian; and
(3) person representing the interests of the state;
and any other person who is entitled to receive a report under
section 2 of this chapter shall be given a fair opportunity to controvert
any part of the report admitted into evidence.
SOURCE: IC 31-37-22-4; (07)CR032801.87. -->
SECTION 87. IC 31-37-22-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 4. If a hearing is
required, IC 31-37-17 governs the preparation and use of a
modification report. The report shall be prepared if the state or any
person other than the child or the child's parent, guardian, guardian ad
litem, or custodian is requesting the modification. Notice of any
hearing under this chapter shall be given in accordance with
IC 31-37-18-1.3.".
SOURCE: Page 56, line 5; (07)CR032801.56. -->
Page 56, line 5, after "IC 31-9-2-128;" insert "IC 31-33-8-14;".
Renumber all SECTIONS consecutively.
(Reference is to SB 328 as reprinted February 21, 2007.)
and when so amended that said bill do pass.
__________________________________
CR032801/DI 107 2007