Introduced Version
SENATE BILL No. 285
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 31-28-5; IC 31-34-21-12.
Synopsis: Removal of child receiving foster care. Requires a court to
hold a hearing to determine the extent to which a foster child has
bonded with a foster parent if the department of child services or a
court intends to remove the foster child from the home of the foster
parent and the foster child has lived with the foster parent for more
than two years. Provides that if a court determines that a child has
bonded with a foster parent to a considerable degree, the foster child
may not be removed from the home of the foster parent for at least six
months.
Effective: July 1, 2008.
January 10, 2008, read first time and referred to Committee on Judiciary.
Introduced
Second Regular Session 115th General Assembly (2008)
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SENATE BILL No. 285
A BILL FOR AN ACT to amend the Indiana Code concerning
family law and juvenile law.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 31-28-5; (08)IN0285.1.1. -->
SECTION 1. IC 31-28-5 IS ADDED TO THE INDIANA CODE AS
A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2008]:
Chapter 5. Transfer of Children Receiving Foster Care
Sec. 1. (a) Except as provided in subsection (c), if a child
receiving foster care has lived with a foster parent for more than
two (2) years and a court or the department intends to remove the
child from the home of the foster parent, before the removal of the
child, the court must hold a hearing to determine the extent to
which the child has bonded with the foster parent.
(b) If a court determines that the child has bonded with the
foster parent to a considerable degree, the court shall order that
the child may not be removed from the home of the foster parent
for at least six (6) months.
(c) A court or the department may remove a child from the
home of a foster parent without a hearing under this section if the
foster parent is:
(1) the subject of a substantiated report accusing the foster
parent of child abuse or neglect; or
(2) convicted of a felony listed in IC 31-27-4-13.
SOURCE: IC 31-34-21-12; (08)IN0285.1.2. -->
SECTION 2. IC 31-34-21-12 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]:
Sec. 12. If a child receiving foster care
has lived with a foster parent for more than two (2) years and a
court or the department intends to remove the child from the home
of the foster parent, prior to the removal of the child, the court
must hold a hearing under IC 31-28-5-1 to determine the extent to
which the child has bonded with the foster parent.