Citations Affected: IC 31-9; IC 31-34.
Synopsis: Placement of alleged child in need of services (CHINS).
Requires a court to consider placing a child with a de facto custodian
or stepparent before considering an out-of-home placement when a
child alleged to be a child in need of services is taken into custody.
Effective: July 1, 2007.
January 11, 2007, read first time and referred to Committee on Judiciary.
February 15, 2007, reported favorably _ Do Pass.
A BILL FOR AN ACT to amend the Indiana Code concerning
family law and juvenile law.
in need of services is taken into custody under an order of the court
under this chapter, the court shall consider placing the child with a:
(1) suitable and willing blood or an adoptive relative caretaker,
including a grandparent, an aunt, an uncle, or an adult sibling;
(2) de facto custodian; or
(3) stepparent;
before considering any other out-of-home placement.
(b) Before placing a child in need of services with a blood relative
or an adoptive relative caretaker, a de facto custodian, or a
stepparent, the court may order the department to:
(1) complete a home study of the relative's home; and
(2) provide the court with a placement recommendation.
(c) Except as provided in subsection (e), before placing a child in
need of services in an out-of-home placement, including placement
with a blood or an adoptive relative caretaker, a de facto custodian, or
a stepparent, the court shall order the department to conduct a
criminal history check of each person who is currently residing in the
location designated as the out-of-home placement.
(d) Except as provided in subsection (f), a court may not order an
out-of-home placement if a person described in subsection (c)(1) or
(c)(2) subsection (c) has:
(1) committed an act resulting in a substantiated report of child
abuse or neglect; or
(2) been convicted of a felony listed in IC 31-27-4-13 or had a
juvenile adjudication for an act that would be a felony listed in
IC 31-27-4-13 if committed by an adult.
(e) The court is not required to order the department to conduct a
criminal history check under subsection (c) if the court orders an
out-of-home placement to an entity or a facility that is not a residence
(as defined in IC 3-5-2-42.5) or that is licensed by the state.
(f) A court may order an out-of-home placement if:
(1) a person described in subsection (c)(1) or (c)(2) subsection
(c) has:
(A) committed an act resulting in a substantiated report of
child abuse or neglect; or
(B) been convicted or had a juvenile adjudication for:
(i) reckless homicide (IC 35-42-1-5);
(ii) battery (IC 35-42-2-1) as a Class C or D felony;
(iii) criminal confinement (IC 35-42-3-3) as a Class C or D
felony;
(iv) arson (IC 35-43-1-1) as a Class C or D felony;
(v) a felony involving a weapon under IC 35-47 or
IC 35-47.5 as a Class C or D felony;
(vi) a felony relating to controlled substances under
IC 35-48-4 as a Class C or D felony; or
(vii) a felony that is substantially equivalent to a felony
listed in items (i) through (vi) for which the conviction was
entered in another state; and
(2) the court makes a written finding that the person's commission
of the offense, delinquent act, or act of abuse or neglect described
in subdivision (1) is not relevant to the person's present ability to
care for a child, and that the placement is in the best interest of
the child.
However, a court may not order an out-of-home placement if the person
has been convicted of a felony listed in IC 31-27-4-13 that is not
specifically excluded under subdivision (1)(B), or has a juvenile
adjudication for an act that would be a felony listed in IC 31-27-4-13
if committed by an adult that is not specifically excluded under
subdivision (1)(B).
(g) In making its written finding under subsection (f), the court shall
consider the following:
(1) The length of time since the person committed the offense,
delinquent act, or abuse or neglect.
(2) The severity of the offense, delinquent act, or abuse or neglect.
(3) Evidence of the person's rehabilitation, including the person's
cooperation with a treatment plan, if applicable.