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.