Reprinted
February 25, 2009
HOUSE BILL No. 1388
_____
DIGEST OF HB 1388
(Updated February 24, 2009 9:10 pm - DI 51)
Citations Affected: IC 31-25; IC 31-34; noncode.
Synopsis: Foster care and kinship care. Requires the department of
child services (department) to apply for federal funding if the
department receives state funding for the implementation of the kinship
care navigator pilot projects. Requires the department to: (1) exercise
due diligence to identify all blood and adoptive relatives of a child
alleged to be a child in need of services who is taken into custody; and
(2) provide certain notice to the blood and adoptive relatives of the
child. Appropriates $150,000 to the department for kinship care
navigator pilot projects for each year of the biennium beginning July
1, 2009, and ending June 30, 2011.
Effective: July 1, 2009.
Summers
January 13, 2009, read first time and referred to Committee on Family, Children and
Human Affairs.
February 17, 2009, amended, reported _ Do Pass. Referred to Committee on Ways and
Means pursuant to Rule 127.
February 19, 2009, amended, reported _ Do Pass.
February 24, 2009, read second time, ordered engrossed. Returned to second reading.
Re-read second time, amended, ordered engrossed.
Reprinted
February 25, 2009
First Regular Session 116th General Assembly (2009)
PRINTING CODE. 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 2008 Regular Session of the General Assembly.
HOUSE BILL No. 1388
A BILL FOR AN ACT to amend the Indiana Code concerning
family law and juvenile law and to make an appropriation.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 31-25-2-20; (09)HB1388.3.1. -->
SECTION 1. IC 31-25-2-20, AS AMENDED BY P.L.3-2008,
SECTION 239, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 20. (a) The department shall
collaborate with at least one (1) nonprofit community based agency to
develop a grant proposal for submission to potential funding sources,
including governmental entities and private foundations, to establish
a minimum of three (3) kinship care navigator pilot projects to assist
kinship caregivers with understanding and navigating the system of
services for children in out-of-home care.
(b) The proposal under subsection (a) must seek to do the following:
(1) Divide the whole state into the following three (3) regions:
(A) Northern Indiana.
(B) Central Indiana.
(C) Southern Indiana.
(2) Establish at least one (1) kinship care navigator pilot project
in each region described under subdivision (1) with each project
managed by a participating community based agency.
(c) A person who acts as a kinship care navigator under the kinship
care navigator pilot project shall be required to do the following:
(1) Have an understanding of the various state agency systems
serving kinship caregivers.
(2) Work in partnership with local community service providers.
(3) Track trends, concerns, and other factors related to kinship
caregivers.
(4) Assist in establishing stable, respectful relationships between
kinship caregivers and department staff.
(d) The implementation of the kinship care navigator pilot projects
is contingent upon receipt of nonstate or private funding for the pilot
projects.
(d) If the department receives state funding for implementation
of the kinship care navigator pilot projects, the department shall
apply for applicable federal funding for costs associated with the
kinship care navigator pilot projects.
(e) The department shall report annually to the:
(1) legislative council in an electronic format under IC 5-14-6;
and
(2) governor;
on the implementation of the kinship care navigator pilot projects with
recommendations on statewide implementation of the pilot projects
beginning one (1) year after implementation of the pilot projects.
(f) The report under subsection (e) must:
(1) provide data that demonstrates whether the kinship care
navigator pilot projects reduced barriers of access to services by
kinship caregivers;
(2) identify statutory and administrative barriers for kinship
caregivers; and
(3) provide recommendations to reduce or eliminate the barriers
to services without adverse consequences to children placed with
kinship caregivers.
(g) This SECTION expires January 1, 2011. July 1, 2013.
SOURCE: IC 31-34-4-1.5; (09)HB1388.3.2. -->
SECTION 2. IC 31-34-4-1.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2009]: Sec. 1.5. If a child alleged to be a child in need of services
is taken into custody under an order of the court under this article,
not later than thirty (30) days after the date the child is taken into
custody, the department shall:
(1) exercise due diligence to identify all blood and adoptive
relatives of the child, including any other adult relative
suggested by a parent; and
(2) subject to exceptions due to family or domestic violence,
provide notice to all the blood and adoptive relatives
identified under subdivision (1) that includes the following
information:
(A) A statement that the child has been or is being removed
from the custody of the parent, guardian, or custodian of
the child.
(B) An explanation of the options the blood or adoptive
relative has under federal and state law to participate in
the care and placement of the child, including any options
that may be lost by failing to respond to the notice under
this section.
(C) A description of:
(i) the requirements to become a licensed foster family
home; and
(ii) the additional services and support that are available
for children placed in a foster family home.
(D) If the state participates in payments under kinship
guardianship assistance agreements, a description of how
the blood or adoptive relative of the child may
subsequently enter into a kinship guardianship assistance
agreement to receive payments.
SOURCE: ; (09)HB1388.3.3. -->
SECTION 3. [EFFECTIVE JULY 1, 2009]
(a) As used in this
SECTION, "department" means the department of child services
established by IC 31-25-1-1.
(b) As used in this SECTION, "projects" refers to kinship care
navigator pilot projects established in accordance with
IC 31-25-2-20.
(c) There is appropriated to the department one hundred fifty
thousand dollars ($150,000) from the state general fund to fund the
projects for the state fiscal year beginning July 1, 2009, and ending
June 30, 2010.
(d) There is appropriated to the department one hundred fifty
thousand dollars ($150,000) from the state general fund to fund the
projects for the state fiscal year beginning July 1, 2010, and ending
June 30, 2011.
(e) This SECTION expires July 1, 2011.