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Bill Watch, Jan. 7, 2016: Current Family Law Legislation of Note - Family Law News

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Family Law News


Posted on: Jan 7, 2016

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

Click here to view the full Bill Watch reports.

HB1064    TERMINATING THE PARENT-CHILD RELATIONSHIP. (SLAGER H) Allows a parent who is the victim of an act of rape from which a child was conceived to file a petition to terminate the parent-child relationship between the child and the alleged perpetrator of the act of rape. Requires a court to terminate the parent-child relationship if the court finds: (1) by clear and convincing evidence that the alleged perpetrator committed an act of rape against the parent who filed the petition to terminate the parent-child relationship and that the child was conceived as a result of the act of rape; and (2) that terminating the parent-child relationship would be in the best interests of the child. Prohibits a parent who is at least 18 years of age at the time the act of rape occurred from filing a petition more than 180 days after the birth of the child.

HB1073    IMMUNITY FOR ACCEPTING CERTAIN ABANDONED CHILDREN. (COX C) Provides immunity to an emergency medical services provider (provider) or the provider's employer who takes custody of a child that is voluntarily left by the child's parent if the provider takes custody of the child in good faith. Limits the extension of immunity for the provider to acts or omissions that do not result from the provider's gross negligence or willful, wanton, or intentional misconduct.

SB26    CHILDREN IN NEED OF SERVICES. (STEELE B) Provides that a child is a child in need of services if the child lives in the same household as an adult who: (1) committed certain offenses; or (2) has been charged with certain offenses and is awaiting trial. Makes conforming amendments.

SB82    RAPE AND TERMINATION OF PARENTAL RIGHTS. (CHARBONNEAU E) Allows a parent who is the victim of an act of rape from which a child was conceived to file a petition to terminate the parent-child relationship between the child and the alleged perpetrator of the act of rape. Requires a court to terminate the parent-child relationship if the court finds: (1) by clear and convincing evidence that the alleged perpetrator committed an act of rape against the parent who filed the petition to terminate the parent-child relationship and that the child was conceived as a result of the act of rape; and (2) that terminating the parent-child relationship would be in the best interests of the child. Prohibits a parent who is at least 18 years of age at the time the act of rape occurred from filing a petition more than 180 days after the birth of the child. Prohibits a parent who is less than 18 years of age at the time the act of rape occurred from filing a petition more than 2 years after becoming 18 years of age. (The introduced version of this bill was prepared by the study committee on corrections and the criminal code.)

SB84    GUARDIAN POWER TO REQUEST HEALTH RECORDS. (BREAUX J) Amends the health records law to authorize the guardian of a patient who was incompetent to request health records of the patient after the patient's death. Amends the guardianship law to provide that: (1) the guardianship of an incapacitated person is not terminated upon the incapacitated person's death; and (2) the court may not terminate the guardianship of an incapacitated person: (A) until at least 60 days after the incapacitated person's death; or (B) if the guardian, less than 60 days after the incapacitated person's death, requests access to records relating to the incapacitated person's death, until the guardian is granted access to the records or until the guardian's request for access to the records is denied and the guardian states that the guardian will not appeal the denial of access, exhausts all administrative and judicial appeals of the denial of access, or is barred due to the passage of time from appealing the denial of access.

SB91    RELEASE OF IDENTIFYING ADOPTION INFORMATION. (STEELE B) Repeals, effective January 1, 2017, 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 January 1, 2017, identifying adoption information may be released unless a nonrelease form is on file, regardless of when the adoption was filed. (Under current law, this provision applies only to adoptions filed after December 31, 1993.) Replaces a nonrelease form with a contact preference form. Provides that a nonrelease form submitted before January 1, 2017, remains in effect unless the form lapses. (The introduced version of this bill was prepared by the interim study committee on courts and the judiciary.)

SB119    CHILD IN NEED OF SERVICES (CHINS). (RANDOLPH L) Establishes a rebuttable presumption that a child is a child in need of services (CHINS) if the child: (1) is a victim of human or sexual trafficking; or (2) lives in the same household as another child who is a victim of human or sexual trafficking, or in the same household as an adult who is charged with or convicted of a human or sexual trafficking offense.

SB196    ACCOUNTINGS BY GUARDIANS AND ATTORNEYS IN FACT. (CRIDER M) Requires a guardian to file with the court a written verified account of the guardian's administration annually. (Under current law, a guardian is required to file an account biennially.) Provides that, unless the power of attorney states that an annual accounting is not required, an attorney in fact is required to file with the court having probate jurisdiction in the county in which the principal (if an individual) resides a written verified accounting at least annually, not more than 30 days after the anniversary of the date on which the power of attorney became effective. (Under current law, an attorney in fact is not required to render an accounting unless specifically ordered or requested to do so.) Provides that if an accounting is ordered or requested less than 11 months before the anniversary of the date on which a power of attorney became effective, the attorney in fact is excused from filing an annual accounting with the court for the year ending on the anniversary of the date on which the power of attorney became effective.

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