Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is
being amended, the text of the existing provision will appear in this style type, additions
will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that
adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles
conflicts between statutes enacted by the 2006 Regular Session of the General Assembly.
Be it enacted by the General Assembly of the State of Indiana:
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:
the form required by the department and provide a set of the person's
fingerprints and any required fees with the request.
(d) If a qualified entity makes a request in conformity with
subsection (b), the department shall submit the set of fingerprints
provided with the request to the Federal Bureau of Investigation for a
national criminal history background check. for convictions described
in IC 20-26-5-11. The department shall respond to the request in
conformity with:
(1) the requirements of 42 U.S.C. 5119a; and
(2) the regulations prescribed by the Attorney General of the
United States under 42 U.S.C. 5119a.
(e) This subsection applies to a qualified entity that (1) is not a
school corporation or a special education cooperative, or that (2) is a
school corporation or a special education cooperative and seeks a
national criminal history background check for a volunteer. After
receiving the results of a national criminal history background check
from the Federal Bureau of Investigation, the department shall make a
determination whether the applicant person who is the subject of a
request has been convicted of:
(1) an offense described in IC 20-26-5-11;
(2) in the case of a foster family home, an offense described in
IC 31-27-4-13(a);
(3) in the case of a prospective adoptive home, an offense
described in IC 31-19-11-1(c);
(4) any other felony; or
(5) any misdemeanor;
and convey the determination to the requesting qualified entity.
(f) This subsection applies to a qualified entity that:
(1) is a school corporation or a special education cooperative; and
(2) seeks a national criminal history background check to
determine whether to employ or continue the employment of a
certificated employee or a noncertificated employee of a school
corporation or an equivalent position with a special education
cooperative.
After receiving the results of a national criminal history background
check from the Federal Bureau of Investigation, the department may
exchange identification records concerning convictions for offenses
described in IC 20-26-5-11 with the school corporation or special
education cooperative solely for purposes of making an employment
determination. The exchange may be made only for the official use of
the officials with authority to make the employment determination. The
exchange is subject to the restrictions on dissemination imposed under
P.L.92-544, (86 Stat. 1115) (1972).
(g) This subsection applies to a qualified entity (as defined in
IC 10-13-3-16) that is a public agency under IC 5-14-1.5-2(a)(1). After
receiving the results of a national criminal history background check
from the Federal Bureau of Investigation, the department shall provide
a copy to the public agency. Except as permitted by federal law, the
public agency may not share the information contained in the national
criminal history background check with a private agency.
SECTION 3. IC 12-19-1-2, AS AMENDED BY P.L.234-2005,
SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2. (a) The director of the division, in
consultation with the director of the department of child services shall
appoint a county director in each county.
(b) The director of the department of child services shall appoint
each county director:
(1) solely on the basis of merit; and
(2) from eligible lists established by the state personnel
department.
(c) Each county director must be a citizen of the United States.
SECTION 4. IC 29-3-2-1 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 1. (a) This article applies to the
following:
(1) The business affairs, physical person, and property of every
incapacitated person and minor residing in Indiana.
(2) Property located in Indiana of every incapacitated person and
minor residing outside Indiana.
(3) Property of every incapacitated person or minor, regardless of
where the property is located, coming into the control of a
fiduciary who is subject to the laws of Indiana.
(b) Except as provided in subsections (c) through (e), the court has
exclusive original jurisdiction over all matters concerning the
following:
(1) Guardians.
(2) Protective proceedings under IC 29-3-4.
(c) A juvenile court has exclusive original jurisdiction over matters
relating to the following:
(1) Minors described in IC 31-30-1-1.
(2) Matters related to guardians of the person and guardianships
of the person described in IC 31-30-1-1(10).
(d) Except as provided in subsection (c), courts with child custody
jurisdiction under:
(1) IC 31-14-10;
(2) IC 31-17-2-1; or
(3) IC 31-21-5 (or IC 31-17-3-3 before its repeal);
have original and continuing jurisdiction over custody matters relating
to minors.
(e) A mental health division of a superior court under IC 33-33-49
has jurisdiction concurrent with the court in mental health proceedings
under IC 12-26 relating to guardianship and protective orders.
(f) Jurisdiction under this section is not dependent on issuance or
service of summons.
SECTION 5. IC 31-9-1-2 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 2. Except as otherwise provided,
the definitions in this article do not apply to the following:
(1) IC 31-11-3.
(2) IC 31-21 (or IC 31-17-3 before its repeal).
(3) IC 31-18.
(4) IC 31-19-29.
(5) IC 31-37-23.
SECTION 6. IC 31-9-2-0.3 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2007]: Sec. 0.3. "Abandoned", for purposes of the Uniform Child
Custody Jurisdiction Act under IC 31-21, has the meaning set forth
in IC 31-21-2-2.
SECTION 7. IC 31-9-2-13, AS AMENDED BY HEA 1339-2007,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 13. (a) "Child", for purposes of IC 31-15, IC 31-16
(excluding IC 31-16-12.5), and IC 31-17, means a child or children of
both parties to the marriage. The term includes the following:
(1) Children born out of wedlock to the parties.
(2) Children born or adopted during the marriage of the parties.
(b) "Child", for purposes of the Uniform Interstate Family Support
Act under IC 31-18, has the meaning set forth in IC 31-18-1-2.
(c) "Child", for purposes of IC 31-19-5, includes an unborn child.
(d) "Child", for purposes of the juvenile law, means:
(1) a person who is less than eighteen (18) years of age;
(2) a person:
(A) who is eighteen (18), nineteen (19), or twenty (20) years
of age; and
(B) who either:
(i) is charged with a delinquent act committed before the
person's eighteenth birthday; or
(ii) has been adjudicated a child in need of services before
the person's eighteenth birthday; or
(3) a person:
(A) who is alleged to have committed an act that would have
been murder if committed by an adult;
(B) who was less than eighteen (18) years of age at the time of
the alleged act; and
(C) who is less than twenty-one (21) years of age.
(e) "Child", for purposes of the Interstate Compact on Juveniles
under IC 31-37-23-1, has the meaning set forth in IC 31-37-23-1.
(f) "Child", for purposes of IC 31-16-12.5, means an individual to
whom child support is owed under:
(1) a child support order issued under IC 31-14-10 or IC 31-16-6;
or
(2) any other child support order that is enforceable under
IC 31-16-12.5.
(g) "Child", for purposes of IC 31-27 and IC 31-32-5, means an
individual who is less than eighteen (18) years of age.
(h) "Child", for purposes of the Uniform Child Custody
Jurisdiction Act under IC 31-21, has the meaning set forth in
IC 31-21-2-3.
SECTION 8. IC 31-9-2-16.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 16.5. "Child care
provider", for purposes of IC 31-33-17, IC 31-33-26, has the meaning
set forth in IC 31-33-17-0.5. IC 31-33-26-1.
SECTION 9. IC 31-9-2-16.8 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2007]: Sec. 16.8. "Child custody determination", for purposes of
the Uniform Child Custody Jurisdiction Act under IC 31-21, has
the meaning set forth in IC 31-21-2-4.
SECTION 10. IC 31-9-2-16.9 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 16.9. "Child custody proceeding",
for purposes of the Uniform Child Custody Jurisdiction Act under
IC 31-21, has the meaning set forth in IC 31-21-2-5.
SECTION 11. IC 31-9-2-19.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 19.3. "Child welfare agency", for
purposes of IC 31-25-2-20.4, means:
(1) the department of child services; and
(2) a person (as defined in IC 24-4-14-5) that, directly or
indirectly, provides:
(A) services to a child or family of a child, for which
payment is made, in whole or in part, by the department of
child services or a local office of the department of child
services;
(B) services to:
(i) a child who is; or
(ii) a family with;
a child at imminent risk of placement (as defined in
IC 31-26-5-1) who is referred by the department of child
services or a local office of the department of child services
to the person for family support or family preservation
services; or
(C) assistance to or works in cooperation with the
department of child services in the investigations of
allegations of possible child abuse or neglect in accordance
with IC 31-33.
SECTION 12. IC 31-9-2-20.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 20.5. "Commencement", for
purposes of the Uniform Child Custody Jurisdiction Act under
IC 31-21, has the meaning set forth in IC 31-21-2-6.
SECTION 13. IC 31-9-2-22.5, AS AMENDED BY P.L.145-2006,
SECTION 183, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 22.5. "Conduct a criminal history
check", for purposes of IC 31-19, IC 31-26, IC 31-27, IC 31-33,
IC 31-34, IC 31-37, and IC 31-39-2-13.5, means to:
(1) request the state police department to:
(A) release or allow inspection of a limited criminal history (as
defined in IC 10-13-3-11) and juvenile history data (as defined
in IC 10-13-4-4) concerning a person who is at least fourteen
(14) years of age and who is:
(i) for purposes of IC 31-19, IC 31-26, IC 31-33, IC 31-34,
and IC 31-37, and IC 31-38-2-13.5, currently residing in a
location designated by the department of child services or by
a juvenile court as the out-of-home placement for a child at
the time the child will reside in the location; or
(ii) for purposes of IC 31-27, an applicant, or if the applicant
is an organization, the director or a manager of a facility
where children will be placed, an employee, or a volunteer
who has or will have direct contact, on a regular and
continuing basis, with children who are under the direct
supervision of a person required to be licensed under
IC 31-27; and
(ii) for purposes of IC 31-27-4-5, a resident of the
applicant's household who is at least fourteen (14) years
of age; and
(B) conduct a:
(i) national fingerprint based criminal history background
check of both national and state records data bases
concerning a person who is at least eighteen (18) years of
age in accordance with IC 10-13-3-27 and IC 10-13-3-39;
or
(ii) national name based criminal history record check (as
defined in IC 10-13-3-12.5) of a person who is at least
eighteen (18) years of age as described in clause (A) as
provided by IC 10-13-3-27.5; and
(2) collect each substantiated report of child abuse or neglect
reported in a jurisdiction where a probation officer, a caseworker,
or the department of child services has reason to believe that a
person described in subdivision (1)(A), or a person for whom a
fingerprint based criminal history background check is
required under IC 31, resided within the previous five (5)
years; and
(3) request information concerning any substantiated report
of child abuse or neglect relating to a person described in
subdivision (1)(A) that is contained in a national registry of
substantiated cases of child abuse or neglect that is established
and maintained by the United States Department of Health
and Human Services, to the extent that the information is
accessible under 42 U.S.C. 16990 and any applicable
regulations or policies of the Department of Health and
Human Services.
SECTION 14. IC 31-9-2-26, AS AMENDED BY P.L.145-2006,
SECTION 184, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 26. "County office" or "county
office of family and children" for purposes of IC 31-25 through
IC 31-40 and the juvenile law, refers to a county office of family and
children. the department of child services established by
IC 31-25-1-1.
SECTION 15. IC 31-9-2-27, AS AMENDED BY P.L.145-2006,
SECTION 185, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 27. (a) "Court", for purposes of
IC 31-15, IC 31-16, and IC 31-17, means the circuit, superior, or other
courts of Indiana upon which jurisdiction to enter dissolution decrees
has been or may be conferred.
(b) "Court", for purposes of IC 31-16-15, refers to the court having
jurisdiction over child support orders.
(c) "Court", for purposes of IC 31-37-23, has the meaning set forth
in IC 31-37-23-3.
(d) "Court", for purposes of the Interstate Compact on Juveniles
under IC 31-37-23-1, has the meaning set forth in IC 31-37-23-1.
(e) "Court", for purposes of IC 31-27, means a circuit or superior
court.
(f) "Court", for purposes of the Uniform Child Custody
Jurisdiction Act under IC 31-21, has the meaning set forth in
IC 31-21-2-7.
SECTION 16. 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.
SECTION 17. IC 31-9-2-44.8 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 44.8. "Family preservation
services", for purposes of IC 31-34-24 and IC 31-37-24, means
short term, highly intensive services designed to protect, treat, and
support the following:
(1) A family with a child at risk of placement by enabling the
family to remain intact and care for the child at home.
(2) A family that adopts or plans to adopt an abused or
neglected child who is at risk of placement or adoption
disruption by assisting the family to achieve or maintain a
stable, successful adoption of the child.
SECTION 18. IC 31-9-2-53 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 53. (a) "Home state",
for purposes of the Uniform Child Custody Jurisdiction Law Act under
IC 31-17-3, IC 31-21, has the meaning set forth in IC 31-17-3-2.
IC 31-21-2-8.
(b) "Home state", for purposes of the Uniform Interstate Family
Support Act under IC 31-18, has the meaning set forth in IC 31-18-1-5.
voluntary association, or other entity.
(d) "Person", for purposes of the Uniform Child Custody
Jurisdiction Act under IC 31-21, has the meaning set forth in
IC 31-21-2-13.
SECTION 25. IC 31-9-2-90 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 90. "Person acting as
a parent", for purposes of the Uniform Child Custody Jurisdiction Law
Act under IC 31-17-3, IC 31-21, has the meaning set forth in
IC 31-17-3-2. IC 31-21-2-14.
SECTION 26. IC 31-9-2-91 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 91. (a) "Petitioner" or
"obligee", for purposes of the Uniform Interstate Family Support Act
under IC 31-18, has the meaning set forth in IC 31-18-1-14.
(b) "Petitioner", for purposes of the Uniform Child Custody
Jurisdiction Act under IC 31-21, has the meaning set forth in
IC 31-21-2-15.
SECTION 27. IC 31-9-2-92 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 92. "Physical custody",
for purposes of the Uniform Child Custody Jurisdiction Law Act under
IC 31-17-3, IC 31-21, has the meaning set forth in IC 31-17-3-2.
IC 31-21-2-16.
SECTION 28. IC 31-9-2-102.7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 102.7. "Record", for purposes of
the Uniform Child Custody Jurisdiction Act under IC 31-21, has
the meaning set forth in IC 31-21-2-17.
SECTION 29. IC 31-9-2-106, AS AMENDED BY P.L.145-2006,
SECTION 211, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 106. (a) "Registry", for purposes of
IC 31-19-5, refers to the putative father registry established by
IC 31-19-5-2.
(b) "Registry", for purposes of IC 31-33, refers to the child abuse
registry established by the department under IC 31-33-17.
SECTION 30. IC 31-9-2-110 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 110. (a) "Respondent"
or "obligor", for purposes of the Uniform Interstate Family Support Act
under IC 31-18, has the meaning set forth in IC 31-18-1-15.
(b) "Respondent", for purposes of the Uniform Child Custody
Jurisdiction Act under IC 31-21, has the meaning set forth in
IC 31-21-2-18.
SECTION 31. IC 31-9-2-119 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 119. (a) "State", for
purposes of the Uniform Child Custody Jurisdiction Law Act under
IC 31-17-3, IC 31-21, has the meaning set forth in IC 31-17-3-2.
IC 31-21-2-19.
(b) "State", for purposes of the Uniform Interstate Family Support
Act under IC 31-18, has the meaning set forth in IC 31-18-1-21.
(c) "State", for purposes of the Interstate Compact on Adoption
Assistance under IC 31-19-29, has the meaning set forth in
IC 31-19-29-2.
(d) "State", for purposes of the Interstate Compact on Juveniles
under IC 31-37-23-1, has the meaning set forth in IC 31-37-23-1.
SECTION 32. IC 31-9-2-130.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 130.5. "Tribe", for purposes of
the Uniform Child Custody Jurisdiction Act under IC 31-21, has
the meaning set forth in IC 31-21-2-20.
SECTION 33. IC 31-9-2-135, AS ADDED BY P.L.145-2006,
SECTION 218, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 135. (a) "Warrant", for purposes of
IC 31-25-3, IC 31-25-4, IC 31-26-2, IC 31-26-3, IC 31-28-1,
IC 31-28-2, and IC 31-28-3, means an instrument that is:
(1) the equivalent of a money payment; and
(2) immediately convertible into cash by the payee for the full
face amount of the instrument.
(b) "Warrant", for purposes of the Uniform Child Custody
Jurisdiction Act under IC 31-21, has the meaning set forth in
IC 31-21-2-21.
SECTION 34. IC 31-17-2-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 1. Jurisdiction of a
child custody proceeding under:
(1) this chapter, IC 31-17-4, IC 31-17-6, and IC 31-17-7; or
(2) IC 31-21 (or IC 31-17-3 before its repeal);
shall be determined under IC 31-21 (or IC 31-17-3 before its repeal).
SECTION 35. IC 31-17-5-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 10. If the marriage of
the child's parents has been dissolved in another state, the child's
maternal or paternal grandparent may seek visitation rights if:
(1) the custody decree entered in the action for dissolution of
marriage does not bind the grandparent under IC 31-21-3-1 (or
IC 31-17-3-12 before its repeal); and
(2) an Indiana court would have jurisdiction under IC 31-21-5-1
(or IC 31-17-3-3 before its repeal), IC 31-21-5-2, or
IC 31-21-5-3 (or IC 31-17-3-14 before its repeal) to grant
visitation rights to the grandparent in a modification decree.
SECTION 36. IC 31-19-2-7.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 7.3. A court may not waive any
criminal history check requirements set forth in this chapter.
SECTION 37. IC 31-19-7-1, AS AMENDED BY P.L.145-2006,
SECTION 247, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 1. (a) Except:
(1) for:
(A) a child sought to be adopted by a stepparent;
(B) a child sought to be adopted by a grandparent, an aunt, or
an uncle; or
(C) a child received by the petitioner for adoption from an
agency outside Indiana with the written consent of the
department; or
(2) if the court in its discretion, after a hearing held upon proper
notice, has waived the requirement for prior written approval;
A child may not be placed in a proposed adoptive home without the
prior written approval of a licensed child placing agency or county
office of family and children approved for that purpose by the
department.
(b) Except as provided in subsection (d), before giving prior written
approval for placement in a proposed adoptive home of a child, who is
under the care and supervision of:
(1) the juvenile court; or
(2) the department of child services;
a licensed child placing agency or the department of child services
shall conduct a criminal history check (as defined in IC 31-9-2-22.5)
concerning the proposed adoptive parent and any other person who is
currently residing in the proposed adoptive home.
(c) The prospective adoptive parent shall pay the fees and other
costs of the criminal history check required under this section.
(d) A licensed child placing agency or the department of child
services is not required to conduct a criminal history check (as defined
in IC 31-9-2-22.5) if a prospective adoptive parent provides the
licensed child placing agency or county office of family and children
with the results of a criminal history check conducted:
(1) in accordance with IC 31-9-2-22.5; and
(2) not more than one (1) year before the date on which the
licensed child placing agency or county office of family and
children provides written approval for the placement.
SECTION 38. IC 31-19-8-1, AS AMENDED BY P.L.145-2006,
SECTION 248, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 1. An adoption may be granted in
Indiana only after:
(1) the court has heard the evidence; and
(2) except as provided in section 2(c) of this chapter, a period
of supervision, as described in section 2 of this chapter, by a
licensed child placing agency or the county office of family and
children approved for that purpose by the department.
SECTION 39. IC 31-19-8-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 2. (a) Except as
provided in subsection (c), the period of supervision required by
section 1 of this chapter may be before or after the filing of a petition
for adoption, or both.
(b) The length of the period of supervision is within the sole
discretion of the court hearing the petition for adoption.
(c) A court hearing a petition for adoption of a child may waive
the period of supervision under subsection (a) if one (1) of the
petitioners is a stepparent or grandparent of the child and the
court waives the report under section 5(c) of this chapter.
SECTION 40. IC 31-19-8-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 5. (a) Except as
provided in subsection (c), not more than sixty (60) days from the date
of reference of a petition for adoption to each appropriate agency, each
agency or the county office of family and children shall submit to the
court a written report of and the agency's investigation and
recommendation as to the advisability of the adoption.
(b) The agency's or county office of family and children's report
and recommendation:
(1) shall be filed with the adoption proceedings; and
(2) become a part of the proceedings.
(c) A court hearing a petition for adoption of a child:
(1) may waive the report required under subsection (a) if one
(1) of the petitioners is a stepparent or grandparent of the
child and the court waives the period of supervision under
section 2(c) of this chapter; and
(2) may require the county office of family and children or a
child placing agency to:
(A) investigate any matter related to an adoption; and
(B) report to the court the results of the investigation.
(d) If the court waives the reports required under subsection (a),
the court shall require the county office of family and children or
a child placing agency to:
(1) conduct a criminal history check under IC 31-19-2-7.5;
and
(2) report to the court the results of the criminal history
check.
SECTION 41. IC 31-19-8-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 6. (a) The agency's or
county office of family and children's report must, to the extent
possible, include the following:
(1) The former environment and antecedents of the child.
(2) The fitness of the child for adoption.
(3) Whether the child is classified as hard to place:
(A) because of the child's ethnic background, race, color,
language, physical, mental, or medical disability, or age; or
(B) because the child is a member of a sibling group that
should be placed in the same home.
(4) The suitability of the proposed home for the child.
(b) The report may not contain any of the following:
(1) Information concerning the financial condition of the parents.
(2) A recommendation that a request for a subsidy be denied in
whole or in part due to the financial condition of the parents.
(c) The criminal history information required under IC 31-19-2-7.5
must accompany the report.
SECTION 42. IC 31-19-8-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 7. The court shall
summarily consider the agency's or county office of family and
children's report. If the court finds that further investigation or further
supervision is necessary, the court shall continue the case to a later date
that the court considers advisable for final determination. At that time
the court shall determine the case.
SECTION 43. IC 31-19-8-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 8. The report and
recommendation of the agency or county office of family and
children are not binding on the court but are advisory only.
SECTION 44. 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:
a child is an issue. The term includes a proceeding for:
(1) dissolution of marriage or legal separation;
(2) child abuse or neglect;
(3) guardianship;
(4) paternity;
(5) termination of parental rights; and
(6) protection from domestic violence;
in which the issue of child custody or visitation may appear.
(b) The term does not include a proceeding involving juvenile
delinquency, contractual emancipation, or enforcement of child
custody under IC 31-21-6.
Sec. 6. "Commencement" means the filing of the first pleading
in a proceeding.
Sec. 7. "Court" means an entity authorized by state law to
establish, enforce, or modify a child custody determination.
Sec. 8. "Home state" means the state in which a child lived with:
(1) a parent; or
(2) a person acting as a parent;
for at least six (6) consecutive months immediately before the
commencement of a child custody proceeding. In the case of a child
less than six (6) months of age, the term means the state in which
the child lived since birth with a parent or person acting as a
parent. A period of temporary absence of the parent or person
acting as a parent is part of the period.
Sec. 9. "Initial determination" means the first child custody
determination concerning a child.
Sec. 10. "Issuing court" means the court that makes a child
custody determination for which enforcement is sought under this
article.
Sec. 11. "Issuing state" means the state in which a child custody
determination is made.
Sec. 12. "Modification" means a child custody determination
that changes, replaces, supersedes, or is otherwise made after a
previous determination concerning the same child, regardless of
whether the determination is made by the court that made the
previous determination.
Sec. 13. "Person" means an individual, a corporation, a business
trust, an estate, a trust, a partnership, a limited liability company,
an association, a joint venture, a government, a governmental
subdivision, an agency or instrumentality, a public corporation, or
any other legal or commercial entity.
or person acting as a parent continues to live in Indiana.
(2) A court of another state does not have jurisdiction under
subdivision (1) or a court of the home state of the child has
declined to exercise jurisdiction on the ground that Indiana is
the more appropriate forum under section 8 or 9 of this
chapter, and:
(A) the child and the child's parents, or the child and at
least one (1) parent or person acting as a parent, have a
significant connection with Indiana other than mere
physical presence; and
(B) substantial evidence is available in Indiana concerning
the child's care, protection, training, and personal
relationships.
(3) All courts having jurisdiction under subdivision (1) or (2)
have declined to exercise jurisdiction on the ground that an
Indiana court is the more appropriate forum to determine the
custody of the child under section 8 or 9 of this chapter.
(4) No court of any other state would have jurisdiction under
the criteria specified in subdivision (1), (2), or (3).
(b) The jurisdictional requirements described in this section
provide the exclusive jurisdictional basis for making a child
custody determination by an Indiana court.
(c) Physical presence of, or personal jurisdiction over, a party
or a child is not necessary or sufficient to make a child custody
determination.
Sec. 2. (a) Except as otherwise provided in section 4 of this
chapter, an Indiana court that has made a child custody
determination consistent with section 1 or 3 of this chapter has
exclusive, continuing jurisdiction over the determination until:
(1) an Indiana court determines that:
(A) neither:
(i) the child;
(ii) the child's parents; nor
(iii) any person acting as a parent;
has a significant connection with Indiana; and
(B) substantial evidence is no longer available in Indiana
concerning the child's care, protection, training, and
personal relationships; or
(2) an Indiana court or a court of another state determines
that:
(A) the child;
custody proceedings between residents of Indiana.
(2) A parent whose parental rights have not been previously
terminated.
(3) Any person having physical custody of the child.
(b) This article does not govern the enforceability of a child
custody determination made without notice or an opportunity to be
heard.
(c) The obligation to join a party and the right to intervene as a
party in a child custody proceeding under this article are governed
by Indiana law in the same manner as in child custody proceedings
between Indiana residents.
Sec. 6. (a) Except as otherwise provided in section 4 of this
chapter, an Indiana court may not exercise its jurisdiction under
this article if, at the time of the commencement of the proceeding,
a proceeding concerning the custody of the child has been
commenced in a court of another state having jurisdiction
substantially in conformity with this article, unless the proceeding:
(1) has been terminated; or
(2) is stayed by the court of the other state because an Indiana
court is a more convenient forum under section 8 of this
chapter.
(b) Except as otherwise provided in section 4 of this chapter, an
Indiana court, before hearing a child custody proceeding, shall
examine the court documents and other information supplied by
the parties under sections 10 through 13 of this chapter. If the
court determines that a child custody proceeding has been
commenced in a court in another state having jurisdiction
substantially in accordance with this article, the Indiana court
shall:
(1) stay its proceeding; and
(2) communicate with the court of the other state.
If the court of the state having jurisdiction substantially in
accordance with this article does not determine that the Indiana
court is a more appropriate forum, the Indiana court shall dismiss
the proceeding.
Sec. 7. In a proceeding to modify a child custody determination,
an Indiana court shall determine whether a proceeding to enforce
the determination has been commenced in another state. If a
proceeding to enforce a child custody determination has been
commenced in another state, the Indiana court may:
(1) stay the proceeding for modification pending the entry of
an order of a court of the other state enforcing, staying,
denying, or dismissing the proceeding for enforcement;
(2) enjoin the parties from continuing with the proceeding for
enforcement; or
(3) proceed with the modification under conditions the
Indiana court considers appropriate.
Sec. 8. (a) An Indiana court that has jurisdiction under this
article to make a child custody determination may decline to
exercise its jurisdiction at any time if the Indiana court determines
that:
(1) the Indiana court is an inconvenient forum under the
circumstances; and
(2) a court of another state is a more appropriate forum.
The issue of inconvenient forum may be raised on motion of a
party, the court's own motion, or request of another court.
(b) Before determining whether an Indiana court is an
inconvenient forum, the Indiana court shall consider whether it is
appropriate for a court of another state to exercise jurisdiction.
For this purpose, the Indiana court shall allow the parties to
submit information and shall consider the relevant factors,
including the following:
(1) Whether domestic violence has occurred and is likely to
continue in the future and which state is best able to protect
the parties and the child.
(2) The length of time the child has resided outside Indiana.
(3) The distance between the Indiana court and the court in
the state that would assume jurisdiction.
(4) The relative financial circumstances of the parties.
(5) An agreement of the parties as to which state should
assume jurisdiction.
(6) The nature and location of the evidence required to resolve
the pending litigation, including the child's testimony.
(7) The ability of the court of each state to decide the issue
expeditiously and the procedures necessary to present the
evidence.
(8) The familiarity of the court of each state with the facts and
issues in the pending litigation.
(c) If an Indiana court determines that it is an inconvenient
forum and that a court of another state is a more appropriate
forum, the Indiana court:
(1) shall stay the proceedings on condition that a child custody
proceeding be promptly commenced in another designated
state; and
(2) may impose any other condition the Indiana court
considers just and proper.
(d) An Indiana court may decline to exercise its jurisdiction
under this article if a child custody determination is incidental to
an action for dissolution of marriage or another proceeding while
still retaining jurisdiction over the dissolution of marriage or other
proceeding.
Sec. 9. (a) Except as otherwise provided in section 4 of this
chapter or by any other Indiana law, if an Indiana court has
jurisdiction under this article because a person seeking to invoke
its jurisdiction has engaged in unjustifiable conduct, the court shall
decline to exercise its jurisdiction unless:
(1) the child's parents and any person acting as a parent have
acquiesced in the exercise of jurisdiction;
(2) a court of the state otherwise having jurisdiction under
sections 1 through 3 of this chapter determines that Indiana
is a more appropriate forum under section 8 of this chapter;
or
(3) no court of any other state would have jurisdiction under
the criteria specified in sections 1 through 3 of this chapter.
(b) If an Indiana court declines to exercise its jurisdiction under
subsection (a), the Indiana court may fashion an appropriate
remedy to:
(1) ensure the safety of the child; and
(2) prevent a repetition of the unjustifiable conduct;
including staying the proceeding until a child custody proceeding
is commenced in a court having jurisdiction under sections 1
through 3 of this chapter.
(c) If a court dismisses a petition or stays a proceeding because
it declines to exercise its jurisdiction under subsection (a), the court
shall assess against the party seeking to invoke its jurisdiction
necessary and reasonable expenses, including:
(1) costs;
(2) communication expenses;
(3) attorney's fees;
(4) investigative fees;
(5) expenses for witnesses;
(6) travel expenses; and
(7) child care during the course of the proceedings;
affirmative, the party shall give additional information under oath
as required by the court. The court may examine the parties under
oath as to details of the information furnished and other matters
pertinent to:
(1) the court's jurisdiction; and
(2) the disposition of the case.
Sec. 12. Each party has a continuing duty to inform the court of
a proceeding in Indiana or any other state that may affect the
current proceeding.
Sec. 13. If a party alleges in an affidavit or a pleading under
oath that the health, safety, or liberty of a party or child would be
jeopardized by disclosure of identifying information, the
information must be sealed and may not be disclosed to the other
party or the public unless the court orders the disclosure to be
made after a hearing in which the court:
(1) takes into consideration the health, safety, or liberty of the
party or child; and
(2) determines that the disclosure is in the interest of justice.
Sec. 14. (a) In a child custody proceeding in Indiana, the court
may order a party to the proceeding who is in Indiana to appear
before the court in person with or without the child. The court may
order any person who:
(1) is in Indiana; and
(2) has physical custody or control of the child;
to appear in person with the child.
(b) If a party to a child custody proceeding whose presence is
desired by the court is outside Indiana, the court may order that a
notice given under IC 31-21-3-3 include a statement:
(1) directing the party to appear in person with or without the
child; and
(2) informing the party that failure to appear may result in a
decision adverse to the party.
(c) The court may enter an order necessary to ensure the safety
of:
(1) the child; and
(2) any person ordered to appear under this section.
(d) If a party to a child custody proceeding who is outside
Indiana:
(1) is directed to appear under subsection (b); or
(2) desires to appear personally before the court with or
without the child;
determination sought to be registered and a statement under
penalty of perjury that to the best of the knowledge and belief
of the person seeking registration the order has not been
modified.
(3) Except as otherwise provided in section 13 of this chapter:
(A) the name and address of the person seeking
registration; and
(B) the name of a parent or person acting as a parent who
has been awarded custody or visitation in the child custody
determination sought to be registered.
(b) On receipt of the documents required by subsection (a), the
registering court shall:
(1) cause the determination to be filed as a foreign judgment,
together with one (1) copy of the accompanying documents
and information, regardless of their form; and
(2) serve notice on each person named under subsection (a)(3)
and provide the person with an opportunity to contest the
registration in accordance with this section.
(c) The notice required by subsection (b)(2) must state the
following:
(1) A registered determination is enforceable as of the date of
the registration in the same manner as a child custody
determination issued by an Indiana court.
(2) A hearing to contest the validity of the registered
determination must be requested not more than twenty (20)
days after service of notice.
(3) Failure to contest the registration shall:
(A) result in confirmation of the child custody
determination; and
(B) preclude further contest of that determination with
respect to a matter that may have otherwise been asserted.
Sec. 5. (a) A person seeking to contest the validity of a registered
order must request a hearing not more than twenty (20) days after
service of the notice. At the hearing, the court shall confirm the
registered order unless the person contesting the registration
establishes that:
(1) the issuing court did not have jurisdiction under
IC 31-21-5;
(2) the child custody determination sought to be registered has
been:
(A) vacated;
the jurisdictional basis it relied on in exercising jurisdiction
and, if so, what the basis was.
(2) Whether the determination for which enforcement is
sought has been vacated, stayed, or modified by a court whose
decision must be enforced under this article and, if so,
identify:
(A) the court;
(B) the case number; and
(C) the nature of the proceeding.
(3) Whether a proceeding has been commenced that may
affect the current proceeding, including proceedings relating
to:
(A) domestic violence;
(B) protective orders;
(C) termination of parental rights; and
(D) adoptions;
and, if so, identify the court, the case number, and the nature
of the proceeding.
(4) The present physical address of the child and the
respondent, if known.
(5) Whether relief in addition to the immediate physical
custody of the child and attorney's fees is sought, including a
request for assistance from law enforcement officials and, if
so, the relief sought.
(6) If the child custody determination has been registered and
confirmed under sections 4 and 5 of this chapter, the date and
place of registration.
Sec. 9. (a) On the filing of a petition, the court:
(1) shall issue an order directing the respondent to appear in
person with or without the child at a hearing; and
(2) may enter an order necessary to ensure the safety of the
parties and the child.
The hearing must be held on the next judicial day after service of
the order unless holding the hearing on that date is impossible. In
that event, the court shall hold the hearing on the first judicial day
possible. The court may extend the date of hearing at the request
of the petitioner.
(b) An order issued under subsection (a) must state the time and
place of the hearing and advise the respondent that at the hearing
the court will order that the petitioner may take immediate
physical custody of the child and the payment of fees, costs, and
expenses under section 15 of this chapter and may schedule a
hearing to determine whether further relief is appropriate unless
the respondent appears and establishes that:
(1) the child custody determination has not been registered
and confirmed under sections 4 and 5 of this chapter and that:
(A) the issuing court did not have jurisdiction under
IC 31-21-5;
(B) the child custody determination for which enforcement
is sought has been vacated, stayed, or modified by a court
having jurisdiction under IC 31-21-5; or
(C) the respondent was entitled to notice, but notice was
not given in accordance with the standards of IC 31-21-3-3
in the proceedings before the court that issued the order
for which enforcement is sought; or
(2) the child custody determination for which enforcement is
sought was registered and confirmed under sections 4 and 5
of this chapter but has been vacated, stayed, or modified by a
court of a state having jurisdiction under IC 31-21-5.
Sec. 10. Except as otherwise provided in section 13 or 14 of this
chapter, the petition and order must be served, by a method
authorized by Indiana law, on the respondent and any person who
has physical custody of the child.
Sec. 11. Unless the court issues a temporary emergency order
under IC 31-21-5-4 on a finding that a petitioner is entitled to
immediate physical custody of the child, the court shall order that
the petitioner may take immediate physical custody of the child
unless the respondent establishes that:
(1) the child custody determination has not been registered
and confirmed under sections 4 and 5 of this chapter and that:
(A) the issuing court did not have jurisdiction under
IC 31-21-5;
(B) the child custody determination for which enforcement
is sought has been vacated, stayed, or modified by a court
of a state having jurisdiction to do so under IC 31-21-5; or
(C) the respondent was entitled to notice, but notice was
not given in accordance with the standards of IC 31-21-3-3
in the proceedings before the court that issued the order
for which enforcement is sought; or
(2) the child custody determination for which enforcement is
sought was registered and confirmed under sections 4 and 5
of this chapter but has been vacated, stayed, or modified by a
court of a state having jurisdiction under IC 31-21-5.
Sec. 12. (a) The court:
(1) shall award the fees, costs, and expenses authorized under
section 15 of this chapter; and
(2) may grant additional relief, including a request for the
assistance of law enforcement officials, and set a hearing to
determine whether additional relief is appropriate.
(b) If a party called to testify refuses to answer on the ground
that the testimony may be self-incriminating, the court may draw
an adverse inference from the refusal.
(c) A privilege against disclosure of communications between
spouses and a defense of immunity based on the relationship of
husband and wife or parent and child may not be invoked in a
proceeding under this chapter.
Sec. 13. (a) On the filing of a petition seeking enforcement of a
child custody determination, the petitioner may file a verified
application for the issuance of a warrant to take physical custody
of the child if the child is immediately likely to:
(1) suffer serious physical harm; or
(2) be removed from Indiana.
(b) If the court, on the testimony of the petitioner or other
witness, finds that the child is imminently likely to suffer serious
physical harm or be removed from Indiana, the court may issue a
warrant to take physical custody of the child. The petition must be
heard on the next judicial day after the warrant is executed unless
hearing the petition on that date is impossible. In that event, the
court shall hold the hearing on the first judicial day possible. The
application for the warrant must include the statements required
by section 8(b) of this chapter.
Sec. 14. (a) A warrant to take physical custody of a child must:
(1) recite the facts on which a conclusion of imminent serious
physical harm or removal from the jurisdiction is based;
(2) direct law enforcement officers to take physical custody of
the child immediately; and
(3) provide for the placement of the child pending final relief.
(b) The respondent must be served with the petition, warrant,
and order immediately after the child is taken into physical
custody.
(c) A warrant to take physical custody of a child is enforceable
throughout Indiana. If the court finds on the basis of the testimony
of the petitioner or other witness that a less intrusive remedy is not
effective, the court may authorize law enforcement officers to enter
private property to take physical custody of the child. If required
by exigent circumstances of the case, the court may authorize law
enforcement officers to make a forcible entry at any hour.
(d) The court may impose conditions on the placement of a child
to ensure the appearance of the child and the child's custodian.
Sec. 15. (a) The court shall award the prevailing party, including
a state, necessary and reasonable expenses incurred by or on behalf
of the party, including:
(1) costs;
(2) communication expenses;
(3) attorney's fees;
(4) investigative fees;
(5) expenses for witnesses;
(6) travel expenses; and
(7) child care during the course of the proceedings;
unless the party from whom fees or expenses are sought establishes
that the award would be clearly inappropriate.
(b) The court may not assess fees, costs, or expenses against a
state unless authorized by law other than this article.
Sec. 16. An Indiana court shall accord full faith and credit to an
order issued by another state and consistent with this article that
enforces a child custody determination by a court of another state
unless the order has been vacated, stayed, or modified by a court
having jurisdiction under IC 31-21-5.
Sec. 17. An appeal may be taken from a final order in a
proceeding under this article in accordance with expedited
appellate procedures in other civil cases. Unless the court enters a
temporary emergency order under IC 31-21-5-4, the enforcing
court may not stay an order enforcing a child custody
determination pending appeal.
Sec. 18. (a) In a case arising under this article or involving the
Hague Convention on the Civil Aspects of International Child
Abduction, a prosecuting attorney or other appropriate public
official may take a lawful action, including resorting to a
proceeding under this article or any other available civil
proceeding, to locate a child, obtain the return of a child, or
enforce a child custody determination if there is:
(1) an existing child custody determination;
(2) a request to do so from a court in a pending child custody
proceeding;
broadly represent the community in which the panel is established,
including members who have expertise in the prevention and
treatment of child abuse and neglect.
(c) The department shall appoint the citizen review panels in the
following manner:
(1) One (1) panel must be a community child protection team
established in a county under IC 31-33-3-1, selected by the
director of the department with the consent of the team.
(2) One (1) panel must be either:
(A) the statewide child fatality review committee
established under IC 31-33-25-6; or
(B) a local child fatality review team established under
IC 31-33-24-6;
selected by the director of the department with the consent of
the committee or team.
(3) One (1) panel must be a foster care advisory panel
consisting of at least five (5) and not more than eleven (11)
members, selected to the extent feasible from the membership
of any foster care advisory group previously established or
recognized by the department. If the panel consists of seven
(7) or fewer members, the panel must include at least one (1)
foster parent licensed by the department through a county
office and one (1) foster parent licensed by the department
through a child placing agency licensed under IC 31-27-6. If
the panel consists of more than seven (7) members, the panel
must include two (2) foster parents licensed by the
department through a county office and two (2) foster parents
licensed by the department through a child placing agency
licensed under IC 31-27-6. Additional members of the panel
must include one (1) or more individuals who are employed by
a child placing agency licensed under IC 31-27-6 and who
provide services to foster families and children placed by the
department in out-of-home placements, and may include
other representatives of child welfare service providers or
persons who provide training to current or prospective foster
parents. All members of this panel must be individuals who
are not employees of the department.
(4) The membership of any additional citizen review panels
established under this section shall be determined by the
director of the department, consistent with the guidelines for
panel membership stated in subsection (b) and the purposes
and functions of the panels as described in this section.
(5) Each citizen review panel shall be appointed for a term of
three (3) years beginning July 1, 2007. Upon expiration of the
term of the panel described in subdivision (1), the director of
the department shall select a community child protection
team established in a different county for the succeeding term.
Upon expiration of the term of the panel described in
subdivision (2), the director of the department shall select a
different fatality review team, or committee, if available, for
the succeeding term. Panels appointed under subdivision (3)
or (4) may be reappointed for successive terms, in the
discretion of the director of the department. The director may
appoint individuals as needed to fill vacancies that occur
during the term of any panel appointed under subdivision (3)
or (4).
(d) A citizen review panel shall evaluate the extent to which a
child welfare agency is effectively discharging the agency's child
protection responsibilities by examining:
(1) the policies and procedures of child welfare agencies;
(2) if appropriate, specific child protective services cases; and
(3) other criteria the citizen review panel considers important
to ensure the protection of children.
(e) Each citizen review panel shall:
(1) meet at least one (1) time every three (3) months; and
(2) prepare and make available to the department and the
public an annual report that contains a summary of the
activities of the citizen review panel.
(f) The department shall, not more than six (6) months after the
date the department receives a report from a citizen review panel
under subsection (e), submit to the citizen review panel a written
response indicating whether and how the department will
incorporate the recommendations of the citizen review panel. The
department shall at the same time provide appropriate child
welfare agencies with copies of the department's written response.
(g) A child welfare agency shall make all reports and other
materials in the child welfare agency's possession available to a
citizen review panel established under this section, including any
reports and materials that the child welfare agency has received
from other agencies.
(h) A member of a citizen review panel may not disclose to a
person or government official any identifying information that is
provided to the citizen review panel about:
(1) a specific child protective services case or child welfare
agency case;
(2) a child or member of the child's family who is the subject
of a child protective services investigation; or
(3) any other individuals identified in confidential reports,
documents, or other materials.
(i) If a member of a citizen review panel violates subsection (h),
the department may remove the member from the citizen review
panel.
(j) A child welfare agency shall cooperate and work with each
citizen review panel established under this section.
SECTION 47. IC 31-27-3-3, AS ADDED BY P.L.145-2006,
SECTION 273, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 3. (a) An applicant must apply for
a child caring institution license on forms provided by the department.
(b) An applicant must submit the required information as part of the
application.
(c) The applicant must submit with the application a statement
attesting the following:
(1) That the applicant has not been convicted of:
(A) a felony; or
(B) a misdemeanor relating to the health and safety of
children.
(2) That the applicant has not been charged with:
(A) a felony; or
(B) a misdemeanor relating to the health and safety of
children;
during the pendency of the application.
(d) The department, on behalf of an applicant, or, at the
discretion of the department, an applicant, shall
(1) conduct a criminal history check of the following:
(A) (1) Each individual who is an applicant. and
(B) (2) The director or manager of a facility where children will
be placed. and
(2) submit to the department the result of each criminal history
check conducted under this subsection.
(3) An employee or a volunteer of the applicant who has or
will have direct contact on a regular and continuing basis with
a child who is or will be placed in a facility operated by the
applicant.
IC 31-9-2-22.5(1)(B) for a person described in 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 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 licensee may provisionally employ an
individual or assign a volunteer described in subsection (d)(3) for
whom a criminal history 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 by not later than the
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 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
employee of the applicant or licensee who has been the subject of
a completed and approved criminal history check. In determining
whether to provisionally hire or assign as a volunteer an individual
described in 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.
(g) (j) The department shall, at the applicant's request, inform the
applicant whether the department has or does not have a record of the
person who is the subject of a criminal history background check and
if the department has identified the person as an alleged perpetrator of
abuse or neglect. The department may not provide to the applicant any
details or personally identifying information contained in any child
protective services investigation report.
(k) A person who is the subject of a criminal history check
conducted in accordance with this section may request the state
police department to provide the person with a copy of any state or
national criminal history report concerning the person.
SECTION 48. IC 31-27-3-5, AS ADDED BY P.L.145-2006,
SECTION 273, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 5. (a) The following constitute
sufficient grounds for a denial of a license application:
(1) A determination by the department of child abuse or neglect
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, 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 or the director or
manager of a facility where children will be placed by the
applicant, of:
(A) a felony; or
(B) a misdemeanor related to the health and safety of a child;
(C) a misdemeanor for operating a child caring institution,
foster family home, group home, or child placing agency
without a license under this article (or IC 12-17.4 before its
repeal); or
(D) a misdemeanor for operating a child care center or
child care home without a license under IC 12-17.2.
(3) A determination by the department that the applicant made
false statements in the applicant's application for licensure.
(4) A determination by the department that the applicant made
false statements in the records required by the department.
(5) A determination by the department that the applicant
previously operated a home or facility without a license
required under any applicable provision of this article (or
IC 12-17.4 before its repeal) or IC 12-17.2.
(b) An application for a license may also be denied if an
employee or 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 has been convicted of any of the
following:
(1) A felony described in IC 31-27-4-13(a).
(2) Any other felony or a misdemeanor relating to the health
and safety of a child, unless the applicant is granted a waiver
by the department to employ or assign the person as a
volunteer in a position described in this subsection.
(c) In determining whether to grant a waiver under subsection
(b), the department shall consider the following factors:
(1) The length of time that has passed since the disqualifying
conviction.
(2) The severity, nature, and circumstances of the offense.
(3) Evidence of rehabilitation.
(4) The duties and qualifications required for the proposed
employment positions or volunteer assignment.
(b) (d) Notwithstanding subsection (a)(2), (a) or (b), if:
(1) a license application is could be denied due to a criminal
conviction of, or a determination of child abuse or neglect by,
an employee or a volunteer of the applicant; and
(2) the department determines that the employee or volunteer has
been dismissed by the applicant;
the criminal conviction of, or determination of child abuse or neglect
by, the former employee or former volunteer does not require
constitute a sufficient basis for the denial of a license application.
(e) The department may adopt rules to implement this section.
SECTION 49. IC 31-27-3-18, AS ADDED BY P.L.145-2006,
SECTION 273, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 18. (a) A licensee shall keep
records regarding each child in the control and care of the licensee as
the department requires and shall report to the department upon request
the facts the department requires with reference to children.
(b) The department shall keep records regarding children and facts
learned about children and the children's parents or relatives
confidential.
(c) The following have access to records regarding children and
facts learned about children:
(1) A state agency involved in the licensing of the child caring
institution.
(2) A legally mandated child protection agency.
(3) A law enforcement agency.
(4) An agency having the legal responsibility to care for a child
placed at the child caring institution.
(5) The parent, guardian, or custodian of the child at the child
caring institution.
(6) A citizen review panel established under IC 31-25-2-20.4.
SECTION 50. IC 31-27-3-31, AS ADDED BY P.L.145-2006,
SECTION 273, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 31. (a) The following constitute
sufficient grounds for revocation of a license:
(1) A determination by the department of child abuse or neglect
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, 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 or the director or manager of
a facility where children will be placed by 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 caring institution,
foster family home, group home, or child placing agency
without a license under this article (or IC 12-17.4 before its
repeal).
(D) A misdemeanor for operating a child care center or
child care home without a license under IC 12-17.2.
(3) A determination by the department that the licensee made
false statements in the licensee's application for licensure.
operated by the applicant or licensee unless the direct contact
occurs only in the presence of a volunteer or employee of the
applicant or licensee who has been the subject of a completed and
approved criminal history check. In determining whether to
provisionally hire or assign as a volunteer an individual described
in subsection (e)(1), 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.
(k) The department shall, at the applicant's request, inform the
applicant whether the department has or does not have a record of the
person who is the subject of a criminal history background check and
if the department has identified the person as an alleged perpetrator of
abuse or neglect. The department may not provide to the applicant any
details or personally identifying information contained in any child
protective investigation report.
(l) A person who is the subject of a criminal history check
conducted in accordance with this section may request the state
police department to provide the person with a copy of any state or
national criminal history report concerning the person.
SECTION 52. IC 31-27-4-6, AS ADDED BY P.L.145-2006,
SECTION 273, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 6. (a) The following constitute
sufficient grounds for a denial of a license application:
(1) A determination by the department of child abuse or neglect
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; or
(D) a person residing in the applicant's residence who is at
least eighteen (18) years of age.
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.
SECTION 54. IC 31-27-4-21, AS ADDED BY P.L.145-2006,
SECTION 273, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 21. (a) A licensee shall keep
records required by the department regarding each child in the control
and care of the licensee and shall report to the department upon request
the facts the department requires with reference to children.
(b) The department shall keep records regarding children and facts
learned about children and the children's parents or relatives
confidential.
(c) The following have access to records regarding children and
facts learned about children:
(1) A state agency involved in the licensing of the foster family
home.
(2) A legally mandated child protection agency.
(3) A law enforcement agency.
(4) An agency having the legal responsibility to care for a child
placed at the foster family home.
(5) The parent, guardian, or custodian of the child at the foster
family home.
licensee who has direct contact on a regular and continuous basis
with children who are under the direct supervision of the licensee
has been convicted of any of the following:
(1) A felony described in IC 31-27-4-13(a).
(2) Any other felony or a misdemeanor relating to the health
and safety of a child, unless the licensee is granted a waiver by
the department to employ or assign the person as a volunteer
in a position described in this subsection or to permit the
individual to reside in the licensee's residence.
(c) In determining whether to grant a waiver under subsection
(b), the department shall consider the following factors:
(1) The length of time that has passed since the disqualifying
conviction.
(2) The severity, nature, and circumstances of the offense.
(3) Evidence of rehabilitation.
(4) The duties and qualifications required for the proposed
employment positions or volunteer assignment.
(d) Notwithstanding subsection (b), if:
(1) a license could be revoked due to a criminal conviction of,
or a determination of child abuse or neglect by, an employee
or a volunteer of the licensee or an individual residing in the
residence of the licensee; and
(2) the department determines that the employee or volunteer
has been dismissed by the licensee within a reasonable time
after the licensee became aware of the conviction or that the
individual no longer resides in the licensee's residence;
the criminal conviction of, or determination of child abuse or
neglect by, the former employee, former volunteer, or former
household resident does not constitute a sufficient basis for the
revocation of a license.
(e) The department may adopt rules to implement this section.
SECTION 56. IC 31-27-5-4, AS ADDED BY P.L.145-2006,
SECTION 273, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 4. (a) An applicant must apply for
a group home license on forms provided by the department.
(b) An applicant must submit the required information as part of the
application.
(c) An applicant must submit with the application a statement
attesting the following:
(1) That the applicant has not been convicted of:
(A) a felony; or
(1) without identifying a specific offense or other identifying
information concerning a conviction contained in the national
criminal history record information;
(3) submit to the applicant a copy of any state limited criminal
history report that the department receives on behalf of any
person described in subsection (d); and
(4) maintain a record of every report and all information it
receives concerning a person described in subsection (d).
(g) Except as provided in subsection (h), a criminal history
check described in subsection (d) is required only at the time an
application for a new license or the renewal of an existing license
is submitted.
(h) A criminal history check of a person described in 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
under IC 31-9-2-22.5(1)(B) for a person described in subsection (d)
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). If a person described in this
subsection has been the subject of a criminal history 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 licensee may provisionally employ an
individual or assign a volunteer described in subsection (d)(3) for
whom a criminal history check is required 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 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 employee of the applicant or licensee
who has been the subject of a completed and approved criminal
history check. In determining whether to provisionally hire or
assign as a volunteer an individual described in 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.
(j) The department shall, at the applicant's request, inform the
applicant as to whether the department has or does not have a
record of the person who is the subject of a criminal history
background check and whether the department has identified the
person as an alleged perpetrator of abuse or neglect. The
department may not provide to the applicant any details or
personally identifying information contained in any child
protective services investigation report.
(k) A person who is the subject of a criminal history check
conducted in accordance with this section may request the state
police department to provide the person with a copy of any state or
national criminal history report concerning the person.
(f) An applicant is required to conduct a criminal history check
required under subsection (e)(1) only one (1) time for each employee
or volunteer.
(g) The department shall, at the applicant's request, inform the
applicant whether the department has or does not have a record of the
person who is the subject of a criminal history background check and
if the department has identified the person as an alleged perpetrator of
abuse or neglect. The department may not provide to the applicant any
details or personally identifying information contained in any child
protective investigation report.
SECTION 57. IC 31-27-5-6, AS ADDED BY P.L.145-2006,
SECTION 273, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 6. (a) The following constitute
sufficient grounds for a denial of a license application:
(1) A determination by the department of child abuse or neglect
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, 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 or the director or
manager of a facility where children will be placed by the
applicant, for any of the following:
(A) A felony.
(B) A misdemeanor related to the health and safety of a child.
(C) A misdemeanor for operating a child caring institution,
foster family home, group home, or child placing agency
without a license under this article (or IC 12-17.4 before its
repeal).
(D) A misdemeanor for operating a child care center or
child care home without a license under IC 12-17.2.
(3) A determination by the department that the applicant made
false statements in the applicant's application for licensure.
(4) A determination by the department that the applicant made
false statements in the records required by the department.
(5) A determination by the department that the applicant
previously operated a home or facility without a license
required under any applicable provision of this article (or
IC 12-17.4 before its repeal) or IC 12-17.2.
(b) An application for a license may also be denied if an
employee or 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 has been convicted of any of the
following:
(1) A felony described in IC 31-27-4-13(a).
(2) Any other felony or a misdemeanor relating to the health
and safety of a child, unless the applicant is granted a waiver
by the department to employ or assign the person as a
volunteer in a position described in this subsection.
(c) In determining whether to grant a waiver under subsection
(b), the department shall consider the following factors:
(1) The length of time that has passed since the disqualifying
conviction.
(2) The severity, nature, and circumstances of the offense.
(3) Evidence of rehabilitation.
(4) The duties and qualifications required for the proposed
employment positions or volunteer assignment.
(d) Notwithstanding subsection (a)(2), (a) or (b), if:
(1) a license application is could be denied due to a criminal
conviction of, or a determination of child abuse or neglect by,
an employee or a volunteer of the applicant; and
(2) the department determines that the employee or volunteer has
been dismissed by the applicant;
the criminal conviction of, or determination of child abuse or neglect
by, the former employee or former volunteer does not require
constitute a sufficient basis for the denial of a license application.
(e) The department may adopt rules to implement this section.
SECTION 58. IC 31-27-5-18, AS ADDED BY P.L.145-2006,
SECTION 273, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 18. (a) A licensee shall keep
records required by the department regarding each child in the control
and care of the licensee and shall report to the department, upon
request, the facts the department requires with reference to children.
(b) The department shall keep records regarding children and facts
learned about children and the children's parents or relatives
confidential.
(c) The following have access to records regarding children and
facts learned about children:
(1) A state agency involved in the licensing of the group home.
(2) A legally mandated child protection agency.
(3) A law enforcement agency.
(4) An agency having the legal responsibility to care for a child
placed at the group home.
(5) The parent, guardian, or custodian of the child at the group
home.
(6) A citizen review panel established under IC 31-25-2-20.4.
SECTION 59. IC 31-27-5-31, AS ADDED BY P.L.145-2006,
SECTION 273, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 31. (a) The following constitute
sufficient grounds for revocation of a license:
(1) A determination by the department of child abuse or neglect
by:
(b), the department shall consider the following factors:
(1) The length of time that has passed since the disqualifying
conviction.
(2) The severity, nature, and circumstances of the offense.
(3) Evidence of rehabilitation.
(4) The duties and qualifications required for the proposed
employment positions or volunteer assignment.
(d) Notwithstanding subsection (a) or (b), if:
(1) a license could be revoked due to a criminal conviction of,
or a determination of child abuse or neglect by, an employee
or a volunteer of the licensee; and
(2) the department determines that the employee or volunteer
has been dismissed by the licensee within a reasonable time
after the licensee became aware of the conviction;
the criminal conviction of, or determination of child abuse or
neglect by, the former employee or former volunteer does not
constitute a sufficient basis for the revocation of a license.
(e) The department may adopt rules to implement this section.
SECTION 60. IC 31-27-6-2, AS ADDED BY P.L.145-2006,
SECTION 273, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 2. (a) An applicant must apply for
a child placing agency license on forms provided by the department.
(b) An applicant must submit the required information as part of the
application.
(c) The applicant shall must submit with the application a statement
attesting the following:
(1) That the applicant has not been convicted of:
(A) a felony; or
(B) a misdemeanor relating to the health and safety of
children.
(2) That the applicant has not been charged with:
(A) a felony; or
(B) a misdemeanor relating to the health and safety of
children;
during the pendency of the application.
(d) The department on behalf of an applicant, or, at the
discretion of the department, an applicant, shall (1) conduct a
criminal history check of the following:
(A) (1) Each individual who is an applicant. and
(B) (2) The director or manager of a facility where children will
be placed. and
check described in subsection (d) is required only at the time an
application for a new license or the renewal of an existing license
is submitted.
(h) A criminal history background check of a person described
in 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 under IC 31-9-2-22.5(1)(B) for a person
described in 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 described in subsection (d)(3) for
whom a criminal history background check is required 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 described
in 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.
(g) (j) The department shall, at the applicant's request, inform the
applicant whether the department has or does not have a record of the
person who is the subject of a criminal history background check and
if the department has identified the person as an alleged perpetrator of
abuse or neglect. The department may not provide to the applicant any
details or personally identifying information contained in any child
protective investigation report.
(k) A person who is the subject of a criminal history check
conducted in accordance with this section may request the state
police department to provide the person with a copy of any state or
national criminal history report concerning the person.
SECTION 61. IC 31-27-6-3, AS ADDED BY P.L.145-2006,
SECTION 273, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 3. (a) The following constitute
sufficient grounds for denial of a license application:
(1) A determination by the department of child abuse or neglect
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, 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, or the director or
manager of a facility where children will be placed by the
licensee, for any of the following:
(A) A felony.
(B) A misdemeanor related to the health and safety of a child.
(C) A misdemeanor for operating a child caring institution,
foster family home, group home, or child placing agency
without a license under this article (or IC 12-17.4 before its
repeal).
(D) A misdemeanor for operating a child care center or
child care home without a license under IC 12-17.2.
(3) A determination by the department that the applicant made
false statements in the applicant's application for licensure.
(4) A determination by the department that the applicant made
false statements in the records required by the department.
(5) A determination by the department that the applicant
previously operated a home or facility without a license
required under any applicable provision of this article (or
IC 12-17.4 before its repeal) or IC 12-17.2.
(b) An application for a license may also be denied if an
employee or 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 has been convicted of any of the
following:
(1) A felony described in IC 31-27-4-13(a).
(2) Any other felony or a misdemeanor relating to the health
and safety of a child, unless the applicant is granted a waiver
by the department to employ or assign the person as a
volunteer in a position described in this subsection.
(c) In determining whether to grant a waiver under subsection
(b), the department shall consider the following factors:
(1) The length of time that has passed since the disqualifying
conviction.
(2) The severity, nature, and circumstances of the offense.
(3) Evidence of rehabilitation.
(4) The duties and qualifications required for the proposed
employment positions or volunteer assignment.
(d) Notwithstanding subsection (a)(2), (a) or (b), if:
(1) a license application is could be denied due to a criminal
conviction of, or a determination of child abuse or neglect by,
an employee or a volunteer of the applicant; and
(2) the department determines that the employee or volunteer has
been dismissed by the applicant;
the criminal conviction of, or determination of child abuse or neglect
by, the former employee or former volunteer does not require
constitute a sufficient basis for the denial of a license application.
(e) The department may adopt rules to implement this section.
SECTION 62. IC 31-27-6-15, AS ADDED BY P.L.145-2006,
SECTION 273, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 15. (a) A licensee shall keep
records required by the department regarding each child in the control
and care of the licensee and shall report to the department upon request
the facts the department requires with reference to children.
(b) The department shall keep records regarding children and facts
learned about children and the children's parents or relatives
confidential.
(c) The following have access to records regarding children and
facts learned about children:
(1) A state agency involved in the licensing of the child placing
agency.
(2) A legally mandated child protection agency.
(3) A law enforcement agency.
(4) A citizen review panel established under IC 31-25-2-20.4.
SECTION 63. IC 31-27-6-28, AS ADDED BY P.L.145-2006,
SECTION 273, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 28. (a) The following constitute
sufficient grounds for revocation of a license:
(1) A determination by the department 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, 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 or the director or manager
of a facility where children will be placed by the licensee, for
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 caring institution,
foster family home, group home, or child placing agency
without a license under this article (or IC 12-17.4 before its
repeal).
(D) A misdemeanor for operating a child care center or
child care home without a license under IC 12-17.2.
(3) A determination by the department that the licensee made
false statements in the licensee's application for licensure.
(4) A determination by the department that the licensee made
false statements in the records required by the department.
(5) A determination by the department that the licensee
previously operated a home or facility without a license
required under any applicable provision of this article (or
IC 12-17.4 before its repeal) or IC 12-17.2.
(b) A license may also be revoked if an employee or 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 has been convicted of any of the following:
(1) A felony described in IC 31-27-4-13(a).
(2) Any other felony or a misdemeanor relating to the health
and safety of a child, unless the licensee is granted a waiver by
the department to employ or assign the person as a volunteer
in a position described in this subsection.
(c) In determining whether to grant a waiver under subsection
(b), the department shall consider the following factors:
(1) The length of time that has passed since the disqualifying
conviction.
(2) The severity, nature, and circumstances of the offense.
(3) Evidence of rehabilitation.
(4) The duties and qualifications required for the proposed
employment positions or volunteer assignment.
(d) Notwithstanding subsection (a) or (b), if:
(1) a license could be revoked due to a criminal conviction of,
or a determination of child abuse or neglect by, an employee
or a volunteer of the licensee; and
(2) the department determines that the employee or volunteer
has been dismissed by the licensee within a reasonable time
after the licensee became aware of the conviction or
determination;
the criminal conviction of, or determination of child abuse or
neglect by, the former employee or former volunteer does not
constitute a sufficient basis for the revocation of a license.
(e) The department may adopt rules to implement this section.
SECTION 64. 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 or
proceeding.
(d) Written notice is not required if verbal notice of the date,
time, place, and purpose of the hearing or proceeding 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.
SECTION 65. IC 31-33-8-13, AS AMENDED BY P.L.234-2005,
SECTION 127, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 13. Whenever
(1) an arrest relating to child abuse or neglect is made, the law
enforcement agency that makes the arrest;
(2) criminal charges relating to child abuse or neglect are filed,
the court in which the charges are filed;
(3) a child in need of services determination is made, the
department;
(4) a court approves a program of informal adjustment under
IC 31-34-8 arising out of a child abuse or neglect report, the
department; or
(5) a person who is accused of child abuse or neglect:
(A) enters into a services referral agreement; and
(B) fails to substantially comply with the terms of the services
referral agreement;
under IC 31-33-13, the department;
shall transmit to the registry, not more than five (5) working days after
the circumstances described by subdivisions (1) through (5) occur, the
relevant a court finds that a child is a child in need of services on
the basis of a child abuse or neglect report classified as substantiated
under section 12 of this chapter, the department shall enter into the
child protection index established under IC 31-33-26-2 identifiable
information concerning the court's judgment.
SECTION 66. IC 31-33-18-2, AS AMENDED BY P.L.146-2006,
SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: 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.
perpetrator as the individual who committed the child abuse
or 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.
(b) Not later than thirty (30) days after the department enters
a substantiated child abuse or neglect report into the index, the
department shall notify:
(1) the parent, guardian, or custodian of the child who is
named in the report as the victim of the child abuse or
neglect; and
(2) any person identified as the perpetrator, if other than the
child's parent, guardian, or custodian;
that the department has entered the report into the index.
(c) The department shall state the following in a notice to the
perpetrator of a substantiated report under subsection (b):
(1) The report has been classified as substantiated.
(2) The perpetrator may request that a substantiated report
be amended or expunged at an administrative hearing if the
perpetrator does not agree with the classification of the report
unless a court is in the process of making a determination.
(3) The perpetrator's request for an administrative hearing to
contest the classification of a substantiated report must be
received by the department not more than thirty (30) days
after the notice is served on the perpetrator as provided in
IC 4-21.5-3-1(b). Time shall be computed as provided in
IC 4-21.5-3-2.
(d) If the perpetrator fails to request an administrative hearing
within the time specified in subsection (c)(3), the perpetrator
named in a substantiated report may request an administrative
hearing to contest the classification of the report if the perpetrator
demonstrates that the failure to request an administrative hearing
was due to excusable neglect or fraud. The Indiana Rules of Civil
Procedure provide the standard for excusable neglect or fraud.
Sec. 9. (a) Except as provided in sections 11 and 12 of this
chapter, the department shall conduct an administrative hearing
upon a request made under section 8 of this chapter.
(b) At the administrative hearing, the department must prove
by a preponderance of credible evidence that the perpetrator is
responsible for the child's abuse or neglect.
(c) During an administrative hearing under this section, the
administrative hearing officer shall consider hearsay evidence to
be competent evidence and may not exclude hearsay based on the
technical rules of evidence. However, a determination may not be
based solely on evidence that is hearsay.
(d) If the department fails to carry the burden of proof under
subsection (b), the department shall amend or expunge the report
as ordered by the administrative hearing officer within the period
provided under section 15 of this chapter.
(e) The department shall maintain the confidentiality of an
abuse or a neglect report during the administrative process.
(f) The administrative hearing shall be closed.
(g) The administrative files shall be closed and not disclosed to
the public.
Sec. 10. The department shall administer the index in a manner
that enables the department to do the following:
(1) Immediately identify and locate prior reports of child
abuse or neglect through the use of the department's:
(A) computerized tracking system; and
(B) automated risk assessment system.
(2) Track steps in the investigative process to ensure
compliance with all requirements for a report of child abuse
or neglect.
(3) Maintain and produce aggregate statistical reports
monitoring patterns of child abuse and neglect that the
department shall make available to the public upon request.
(4) Serve as a resource for the evaluation, management, and
planning of preventive and remedial services to children who
have been subject to child abuse or neglect.
Sec. 11. (a) If a court having jurisdiction over a child in need of
services case under IC 31-34 has determined or is anticipated to
determine whether:
(1) a report of suspected child abuse or neglect is properly
substantiated;
(2) child abuse or neglect occurred; or
(3) any person was a perpetrator of child abuse or neglect;
the determination of the court is binding.
(b) The administrative hearing under this chapter shall be
stayed pending an anticipated action by the court.
(c) A person named as a perpetrator in a report of suspected
child abuse or neglect is not entitled to an administrative hearing
under this chapter if a court has determined that:
(1) the alleged child abuse or neglect did not occur; or
(2) the person was not a perpetrator of the alleged child abuse
or neglect.
Sec. 12. (a) If criminal charges are filed against a perpetrator
based on the same facts and circumstances on which the
department classified a child abuse or neglect report as
substantiated, any administrative hearing requested by the
perpetrator under this chapter shall be stayed pending disposition
of the criminal charges.
(b) If the criminal charges result in the conviction of the
perpetrator and the facts that provided a necessary element for the
conviction also provided the basis for the substantiated report
under IC 31-33-8-12, the person named in the report as a
perpetrator of child abuse or neglect is not entitled to an
administrative hearing under this chapter.
Sec. 13. The department shall adopt rules under IC 4-22-2:
(1) to provide procedures not inconsistent with section 9 of
this chapter by which any person identified as a perpetrator
in a substantiated report of child abuse or neglect that is
entered into the child protection index may request and obtain
an administrative hearing as provided in this chapter;
(2) to establish procedures for the conduct of the
administrative hearing; and
(3) to establish provisions for administrative review by the
department of a proposed or approved substantiated report,
before or after an administrative hearing is available or
conducted.
Sec. 14. The department shall immediately amend or expunge
from the index a substantiated report containing an inaccuracy
arising from an administrative or a clerical error.
Sec. 15. (a) The department shall expunge a substantiated report
contained within the index as follows:
(1) Not later than ten (10) working days after any of the
following occurs:
(A) A court having jurisdiction over a child in need of
services proceeding determines that child abuse or neglect
has not occurred.
(B) An administrative hearing officer under this chapter
finds that the child abuse or neglect report is
unsubstantiated.
(C) A court having juvenile jurisdiction enters an order for
expungement of the report under IC 31-33-7-6.5.
(2) Not later than twenty (20) years after a court determines
that a child is a child in need of services based upon the
report.
(b) The department shall amend a substantiated report
contained in the index by deleting the name of an alleged
perpetrator if:
(1) a court having jurisdiction over a child in need of services
proceeding; or
(2) an administrative hearing officer under this chapter;
finds that the person was not a perpetrator of the child abuse or
neglect that occurred.
(c) If subsection (a) does not apply, the department shall
expunge the substantiated report not later than the date on which
any child who is named in the report as a victim of child abuse or
neglect becomes twenty-four (24) years of age.
(d) The department shall expunge an indicated report contained
in the index at the time specified in IC 31-33-8-12.
(e) The department shall expunge an unsubstantiated report
contained in the index not later than six (6) months after the date
the report was entered into the index.
Sec. 16. (a) A person or an organization may have access to
information contained in the index as follows:
(1) A law enforcement agency may have access to a
substantiated report for purposes of investigating or
criminally prosecuting a person identified as a perpetrator of
child abuse or neglect.
(2) A child care provider, upon submitting a written consent
for release of information signed by an individual who:
(A) is employed by or who has applied for employment
with the child care provider;
(B) has volunteered to provide services to the child care
provider in a capacity that would place the individual in
direct contact, on a regular and continuous basis, with
children who are or will be under the direct supervision of
the child care provider; or
(C) is at least eighteen (18) years of age and resides in the
home of the child care provider;
may have access to any information relating to a
substantiated report of child abuse or neglect that names the
employee, applicant, volunteer, or household resident as the
perpetrator of child abuse or neglect.
(3) A person may have access to any information that is
contained in the index pertaining to the person, with
protection for the identity of:
(A) a person who reports the child abuse or neglect; and
(B) any other appropriate person.
(4) A person or an agency to whom child abuse and neglect
reports are available under IC 31-33-18 may have access to
information contained in the index.
(5) Representatives of the division of family resources
designated by the director of the division may have access to
and use any information relating to a substantiated report of
child abuse or neglect that would constitute a basis for denial
or revocation of a license for a child care center under
IC 12-17.2-4 or a child care home under IC 12-17.2-5.
(6) Representatives of the department designated by the
director may have access to and use any information relating
to a substantiated report of child abuse or neglect that would
constitute a basis for denial or revocation of a license for a
child caring institution, foster family home, group home, or
child placing agency under IC 31-27.
(7) Any representative of the department, a court having
juvenile jurisdiction, and any party in a case under IC 31-34
or IC 31-37 may have access to and use any information
relating to a substantiated report of child abuse or neglect in
connection with a determination of an appropriate out of
home placement for a child under any applicable provision of
IC 31-34 or IC 31-37 that requires a criminal history check
(as described in IC 31-9-2-22.5) concerning any person.
(8) The department shall provide any information contained
in a substantiated report of child abuse or neglect that is
included in the index to an authorized agency of another state
that requests information concerning a prospective foster or
adoptive parent, or any other adult living in the home of a
prospective foster or adoptive parent, in accordance with 42
U.S.C. 671(a)(20)(C).
(9) The department shall transmit or provide to a national
index of substantiated cases of child abuse or neglect
established in accordance with 42 U.S.C. 16990:
be held not later than forty-eight (48) hours, excluding Saturdays,
Sundays, and legal holidays, any day on which a legal holiday is
observed for state employees as provided under IC 1-1-9, after the
child is taken into custody. If the detention hearing is not held, the child
shall be released. Notice of the time, place, and purpose of the
detention hearing shall be given to the following:
(1) The child.
(2) The child's parent, guardian, or custodian if the person can be
located.
(3) Each foster parent or other caretaker with whom the child
has been placed for temporary care under IC 31-34-4.
(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.
SECTION 69. IC 31-34-5-1.5, AS AMENDED BY P.L.145-2006,
SECTION 292, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 1.5. (a) This section applies to a
child taken into custody under IC 31-34-2.5.
(b) The juvenile court shall hold a detention hearing after an
emergency medical services provider takes custody of a child under
IC 31-34-2.5. The court shall hold the detention hearing not later than
forty-eight (48) hours after the emergency medical services provider
takes the child into custody, excluding Saturdays, Sundays, and legal
holidays. any day on which a legal holiday is observed for state
employees as provided under IC 1-1-9.
(c) The department may notify the emergency medical services
provider that has taken emergency custody of a child under
IC 31-34-2.5 of the detention hearing. The emergency medical services
provider may be heard at the detention hearing.
(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.
SECTION 70. IC 31-34-10-2, AS AMENDED BY P.L.129-2005,
SECTION 7, 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, guardian ad litem, or
court appointed special advocate.
(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) If the child has been detained following a detention hearing
under IC 31-34-5, an initial hearing shall be scheduled and held not
later than seven (7) days after the date of the detention order,
excluding Saturdays, Sundays, and any day on which a legal
holiday is observed for state employees as provided under IC 1-1-9.
(e) If the initial hearing is not scheduled and held within the
specified time as described in this section, the child shall be
released to the child's parent, guardian, or custodian.
(f) The court may schedule an additional initial hearing on the
child in need of services petition if necessary to comply with the
procedures and requirements of this chapter with respect to any
person to whom a summons has been issued under this section.
(g) An additional initial hearing on the child in need of services
petition shall be held not more than thirty (30) calendar days after
the date of the first initial hearing on the child in need of services
petition, unless the court has:
(1) granted an extension of time for extraordinary
circumstances; and
(2) stated the extraordinary circumstance in a written court
order.
(h) The department shall provide notice of the date, 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 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.
SECTION 71. 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.
SECTION 72. 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.
SECTION 73. 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
(4) 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.
SECTION 74. IC 31-34-21-7, AS AMENDED BY P.L.145-2006,
SECTION 322, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 7. (a) The court shall hold a
permanency hearing:
(1) not more than thirty (30) days after a court finds that
reasonable efforts to reunify or preserve a child's family are not
required as described in section 5.6 of this chapter;
(2) every twelve (12) months after:
(A) the date of the original dispositional decree; or
(B) a child in need of services was removed from the child's
parent, guardian, or custodian;
whichever comes first; or
(3) more often if ordered by the juvenile court.
(b) The court shall:
(1) make the determination and findings required by section 5 of
this chapter;
(2) consider the question of continued jurisdiction and whether
the dispositional decree should be modified;
(3) consider recommendations of persons listed under section 4
of this chapter, before approving a permanency plan under
subdivision (4); (5);
(4) consult with the 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;
in an age appropriate manner as determined by the court,
regarding the proposed permanency plan;
(4) (5) consider and approve a permanency plan for the child that
complies with the requirements set forth in section 7.5 of this
chapter;
(5) (6) determine whether an existing permanency plan must be
modified; and
(6) (7) examine procedural safeguards used by the department to
protect parental rights.
(c) If the child is at least sixteen (16) years of age and the
proposed permanency plan provides for the transition of the child
from foster care to independent living, the court shall:
(1) require the department to send notice of the permanency
hearing to the child, in accordance with section 4(a) of this
chapter; and
(2) provide to the child an opportunity to be heard and to
make recommendations to the court, in accordance with
section 4(c) of this chapter.
(c) (d) There is a rebuttable presumption that jurisdiction over the
child in a child in need of services proceeding continues for not longer
than twelve (12) months after the date of the original dispositional
decree or twelve (12) months after the child in need of services was
removed from the child's parent, guardian, or custodian, whichever
occurs first. The state may rebut the presumption and show that
jurisdiction should continue by proving that the objectives of the
dispositional decree have not been accomplished, that a continuation
of the decree with or without any modifications is necessary, and that
it is in the child's best interests for the court to maintain its jurisdiction
over the child. If the department does not sustain its burden for
continued jurisdiction, the court shall:
(1) direct the department to establish a permanency plan within
thirty (30) days; or
(2) discharge the child and the child's parent, guardian, or
custodian.
The court may retain jurisdiction to the extent necessary to carry out
any orders under subdivision (1).
SECTION 75. 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.
SECTION 76. 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.
SECTION 77. 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 following shall be given a fair opportunity to controvert
any part of the report admitted into evidence:
(1) The child.
(2) The child's parent, guardian, or custodian. and
(3) The person representing the interests of the state.
(4) 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.
SECTION 78. 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.
SECTION 79. IC 31-34-24-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 10. The team may
adopt as its plan an existing plan for provision of family preservation
services, as defined in IC 12-7-2-82.3, IC 31-9-2-44.8, that:
(1) is in effect in the county;
(2) includes services for a child less than eighteen (18) years of
age who reasonably may be expected to face out of home
placement under IC 31-34 or IC 31-37 as a result of:
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 a 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.
SECTION 83. 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.
SECTION 84. 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.
SECTION 85. 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 following shall be given a fair opportunity to controvert
any part of the report admitted into evidence:
(1) The child.
(2) The child's parent, guardian, or custodian. and
(3) The person representing the interests of the state.
(4) 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.
SECTION 86. 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.
SECTION 87. 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.
SECTION 88. 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 following shall be given a fair opportunity to controvert
any part of the report admitted into evidence:
(1) The child.
(2) The child's parent, guardian, or custodian. and
(3) The person representing the interests of the state.
(4) 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.
SECTION 89. 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.
SECTION 90. IC 31-37-24-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 10. The team may
adopt as its plan an existing plan for provision of family preservation
services, as defined in IC 12-7-2-82.3, IC 31-9-2-44.8, that:
(1) is in effect in the county;
(2) includes services for a child less than eighteen (18) years of
age who reasonably may be expected to face out of home
placement under IC 31-34 or IC 31-37 as a result of:
(A) dependency, abuse, or neglect;
(B) emotional disturbance; or
(C) delinquency adjudication; and
(3) addresses all of the objectives described in this section.
SECTION 91. IC 31-37-24-18, AS AMENDED BY P.L.234-2005,
SECTION 188, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 18. The:
(1) juvenile court, in implementing a program of informal
adjustment for a child under IC 31-34-8, and
(2) department of child services, in proposing a voluntary services
referral agreement for the benefit of a child under IC 31-33-13;
shall consider and use to the extent feasible any available services
described in an early intervention plan approved under this chapter.
SECTION 92. IC 34-26-5-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 3. (a) The division of
state court administration shall:
(1) develop and adopt:
(A) a petition for an order for protection;
(B) an order for protection, including:
(i) orders issued under this chapter;
(ii) ex parte orders;
(iii) no contact orders under IC 31 and IC 35; and
(iv) forms relating to workplace violence restraining orders
under IC 34-26-6;
(C) a confidential form;
(D) a notice of modification or extension for an order for
protection, a no contact order, or a workplace violence
restraining order;
IC 4-21.5-5. Rules adopted by the department under
IC 31-33-26-13, as added by this act, supersede written policies
governing the same subject.
(c) Notwithstanding IC 31-33-26-16(c), as added by this act, the
department of child services shall adopt written policies governing
the disclosure of information under IC 31-33-26-16, as added by
this act. Rules adopted by the department of child services
governing the disclosure of information under IC 31-33-26-16, as
added by this act, supersede written policies governing the same
subject.
(d) This SECTION expires July 2, 2011.
SECTION 95. An emergency is declared for this act.
Date: