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Indiana General Assembly
Senate Bill 0365


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Senate Bill 0365

ARCHIVE (2009)

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DIGEST OF SB 365 (Updated April 29, 2009 5:52 pm - DI 75)

Various department of child services matters. Repeals provisions concerning local coordinating committees. Removes a provision stating that certain information may be included in a petition for adoption. Requires a petition for adoption that is in proper form to be forwarded to the department of child services (department). Specifies certain supervision that is a prerequisite to adoption. Provides that the department shall: (1) publish or post on its web site; and (2) furnish to public libraries; a list of supervising adoption agencies. Removes the requirement that the department provide each clerk of the courts having probate jurisdiction with the list of supervising adoption agencies. Provides that licensed child placing agencies or county offices of family and children shall ensure that certain criminal history checks are conducted (Current law requires the department to conduct the criminal history checks). Removes classifications of when a child is hard to place and requires the department to define "hard to place". Requires a court to refer to the department a petitioner for adoption who requests financial assistance. Changes how frequently the department is required to report information regarding caseloads of child protection caseworkers. Provides that the case plan for a child in need of services must include ensuring the educational stability of the child while in foster care. Provides that under certain circumstances the refusal of a parent, guardian, or custodian to submit to a drug or alcohol screen test after the death of a child may be used to determine that the parent was intoxicated or under the influence of drugs or alcohol at the time of the child's death. Gives the department additional emergency rule making authority. Requires the department to initiate an assessment upon receiving a report of a child who lives with a parent who is married to or lives with a person who has been convicted of a battery offense or neglect of a dependent. Provides that the department of child services (DCS) is responsible for the cost of treatment or maintenance of a child under DCS's supervision only if the costs are reimbursable under the state Medicaid program. Changes references from the family and social services administration to the department of child services. Changes references from caseworkers to family case managers. Changes references from child abuse "investigations" to child abuse "assessments". Provides that if DCS believes that a child is in imminent danger of serious bodily harm, DCS shall initiate an immediate assessment. Removes a requirement that the probation department complete a child's case plan not more than 60 days after the date of the dispositional decree. Requires the probation department to create a case plan if a decree is modified. Removes a requirement for a probation officer to include certain information in a predispositional report for DCS to determine if a child is eligible for certain government assistance. Removes the requirement that the bureau of child support demonstrate that all previous enforcement actions have been unsuccessful before sending an obligor a notice that the obligor is delinquent. Provides that a petition alleging that a child taken into custody is a child in need of services (CHINS) shall be filed before the detention hearing. Requires the initial hearing on the CHINS petition to be held at the same time as the detention hearing. Enhances battery to a Class D felony if the victim suffers bodily injury and is a DCS employee. Adds employees of DCS to the list of persons covered by the statute making battery by bodily waste a Class D felony. Requires a coroner to: (1) immediately notify the county office of DCS of; and (2) consult with a child death pathologist to determine whether an autopsy is needed regarding; the death of a person less than 18 years of age who died in an apparently suspicious, unexpected, or unexplained manner. Requires DCS, in cooperation with the state department of education, to develop and coordinate the education advocates for children in foster care plan. Authorizes a probation department and the county office of family and children and the department of child services to exchange information for use in preparing certain reports concerning a child. Prohibits a court from appointing a person to serve as a guardian or to continue to serve as a guardian if the person has committed certain sex offenses. Prohibits a court or juvenile court from permitting a person to serve as a guardian or custodian if the person was convicted as an adult of certain sex offenses that the person committed when the person was less than 18 years of age. Provides that a court may: (1) order a party who is alleged to be in contempt of court regarding violation of a child support order to show cause as to why the party should not be held in contempt; and (2) if the party fails to respond to the order to show cause, issue a bench warrant and require the party to deposit an escrow amount before the hearing to show cause. Provides that if a child is removed from the child's parents, the department of child services shall identify and provide notice of the removal to certain adult relatives, including the child's siblings who are at least 18 years of age. Specifies the data and information that must be disclosed in records of cases of a child fatality or near fatality that may have been a result of abuse, abandonment, or neglect. Removes the option for the department of child services to classify an assessment of suspected child abuse or neglect as "indicated". Adds references to probation departments' duties concerning legal settlement of a student. Removes the requirement under which a report based on the investigation concerning an adoption petition must state whether the child is classified as hard to place. Requires a court to incorporate certain department of child services records into an order. Creates the commission on childhood poverty in Indiana and sets forth duties of the commission.
    Current Status:
     Law Enacted
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