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Senate Bill 0311


 

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Senate Bill 0311

ARCHIVE (2007)

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DIGEST OF SB311 (Updated April 16, 2007 4:24 pm - DI 84)

Child in need of services (CHINS). Provides that if the department of child services (department) determines that: (1) a child is a child in need of services; and (2) the child would be protected in the child's residence by the removal of the alleged perpetrator of child abuse or neglect; the department may file a petition to remove the alleged perpetrator from the child's residence instead of attempting to remove the child from the child's residence. Allows a court to issue a temporary child protective order without a hearing in an action by the department for the removal of the alleged perpetrator of child abuse or neglect. Requires a court to hold a hearing within 48 hours of issuing the order. Allows the court, after notice and a hearing, to issue a child protective order if certain conditions are met. Makes it a Class A misdemeanor for: (1) a parent or other adult with whom a child continues to reside after the issuance of a child protective order to knowingly or intentionally fail to comply with the requirements of an order; or (2) for an alleged perpetrator of child abuse to knowingly or intentionally return to a child's residence in violation of an order. Requires a court to consider placing a child with a de facto custodian or stepparent before considering an out-of-home placement when a child alleged to be a child in need of services is taken into custody.
    Current Status:
     Law Enacted
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