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Bill Watch, Feb. 6, 2015: Current Family Law Legislation of Note - Family Law News

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Family Law News


Posted on: Feb 6, 2015

The IndyBar Legislative Committee is currently monitoring the following family law related legislation. IndyBar members can request that the Legislative Committee track specific legislation by contacting committee chair Lawren Mills at lawren.mills@icemillerstrategies.com.

Click here to view the full Bill Watch reports.

HB1196    CHINS AND DELINQUENT CHILD DUAL DETERMINATION. (MCNAMARA W) Requires that in a child in need of services (CHINS) determination, a court shall determine if the child has been adjudicated as a delinquent child. Requires that in a delinquency determination, a court shall determine if the child is a child in need of services. Provides that if a child is a child in need of services and has been adjudicated as a delinquent child, a court may determine if the department of child services or the probation department of the court shall be the lead agency supervising the child. Requires intake officers to complete the dual jurisdiction screening tool on certain children. Creates procedures to determine whether a child should be assessed by a dual jurisdiction assessment team. Creates dual jurisdiction assessment teams that will assess certain children and make recommendations to a juvenile court whether the court should proceed with applicable child in need of service petitions and delinquency petitions.

HB1434 DEPARTMENT OF CHILD SERVICES. (MAHAN K) Makes changes to the child services and juvenile laws concerning the following: (1) Criminal history background checks. (2) Exception of certain governmental employees to licensing or certification requirements of social workers and counselors. (3) The responsibilities of the department of child services. (4) Transitional services plans for certain individuals receiving foster care or collaborative care. (5) Regional service strategic plans. (6) Foster care. (7) Detention of children alleged to be children in needs of services. (8) Case plans for children in need of services. (9) Dispositional decrees and review of disposition decrees concerning children in needs of services. (10) Dispositional decrees and review of dispositional decrees concerning delinquent children. Repeals provisions concerning local plans for the provision of child protection services.

SB18
GRANDPARENT AND GREAT-GRANDPARENT VISITATION. (RANDOLPH L) Grandparent and great-grandparent visitation. Allows great-grandparents to seek visitation rights with their great-grandchildren in certain circumstances. Allows a grandparent or great-grandparent to seek visitation if the grandparent or great-grandparent has had meaningful contact with the child but, as a result of an estrangement between the parent of the child and the grandparent or great-grandparent, the parent of the child terminated the child's visits with the grandparent or great-grandparent. Establishes factors for the court to consider in determining whether granting a grandparent or great-grandparent visitation rights is in the best interests of the child. Provides that a court may order a party to an action for grandparent or great-grandparent visitation to pay a reasonable amount for the cost to the other party of maintaining or defending the action, including costs for attorney's fees and mediation. Specifies that certain agencies are not required to pay costs. Makes conforming changes.
 
SB106 CHILD SUPPORT AND CREDIT REPORTS. (STEELE B) Prohibits a prosecuting attorney or Title IV-D agency from reporting a person's child support payment plan arrearage to a consumer reporting agency if the person is less than five weeks in arrears. Provides that if a person has made all payments required under a child support payment plan for at least six months, the prosecuting attorney, deputy prosecuting attorney, or Title IV-D agency shall: (1) contact the consumer reporting agency to update the person's payment information; and (2) upon request, submit a statement from the person that a payment plan has been established and the person is complying with the payment plan.

SB109 SUPPORT FOR EDUCATIONAL NEEDS. (MILLER P) Provides that, with exceptions, the duty to support the educational needs of a child ceases when the child becomes 19 years of age. (Current law allows for a duty to support the educational needs of a child after the child becomes 19 years of age.) Provides that: (1) the change in the duty to support the educational needs of a child does not affect a support order for the support of a child's educational needs after the child is 19 years of age that was issued before July 1, 2015; and (2) a support order for the support of a child's educational needs after the child becomes 19 years of age that was issued before July 1, 2015, remains in effect and is enforceable.

SB324 VARIOUS CHILD SUPPORT MATTERS. (HEAD R) Makes various changes to family and juvenile law concerning the following: (1) Parties entitled to file a paternity action. (2) Petitions for child support. (3) Petitions for adoption. (4) Adoption decrees. (5) Duties of the child support bureau. (6) Costs of services for children and payments of child support. Repeals the Uniform Interstate Family Support Act currently in effect and replaces it with an updated version of the act.

SB352 IDENTIFYING INFORMATION FOR ADOPTIONS. (STEELE B) Repeals, effective July 1, 2016, provisions applicable to adoptions finalized before January 1, 1994, that prohibit the release of identifying adoption information unless a consent to release the information is on file. Provides that, beginning July 1, 2016, identifying adoption information may be released unless a nonrelease is on file, regardless of when the adoption was filed. (Under current law, this provision applies only to adoptions filed after December 31, 1993.)

SB357
SALES TAX EXEMPTION FOR DISABLED VETERANS. (GROOMS R) Exempts sales to a person who is a veteran with a 100% disability rating from the state sales tax.

SB441    ELIMINATES CERTAIN TAX DEDUCTIONS AND CREDITS. (HERSHMAN B) Eliminates the World War I veteran property tax deduction for property taxes imposed for an assessment date after 2015. Eliminates the enterprise zone investment deduction for qualified investments made after May 1, 2016. Eliminates the double direct test for the gross retail tax exemption for various transactions involving various types of tangible personal property. Specifies that the exemption applies if the tangible personal property is acquired for direct use or consumption in the production of tangible personal property when the person acquiring the property is occupationally engaged in the business of producing tangible personal property. Eliminates various add backs for purposes of determining Indiana adjusted gross income. Provides that business income is all income apportionable to the state under the Constitution of the United States. Eliminates various income tax deductions and exemptions. Broadens the add back to Indiana adjusted gross income related to intercompany interest expenses. Eliminates various income tax credits. Provides for a tax amnesty program. Makes technical corrections and conforming amendments.

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