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Bill Watch, Feb. 12, 2016: Current Family Law Legislation of Note - Family Law News

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Family Law News


Posted on: Feb 12, 2016

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@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. 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 reaching the age of 18. Requires a court to stay the termination of the parent-child relationship proceedings if the court receives a notice from the department of child services that the child is the subject of a pending child in need of services petition.

HB1183    GUARDIANSHIP; DEPARTMENT OF CHILD SERVICES. (FRIZZELL D) Provides that a delegation of power by a properly executed power of attorney does not subject the parties to any laws, rules, or regulations concerning the licensing or regulation of foster family homes, child placing agencies, or child caring institutions. Prohibits a licensed foster family home from providing supervision to a child who is the subject of a power of attorney while providing overnight care to a child placed in the foster family home unless the department of child services (department) grants an exception. Allows a parent to delegate the powers for a period longer than 12 months if the parent is on active duty service, except that the term of delegation may not exceed the term of active duty service plus 30 days. Provides that the department may provide information about community service programs that provide respite care, voluntary guardianship, or other support services for families in crisis to the parent or guardian of a child who is the subject of an assessment if the department classifies the assessment as unsubstantiated. Provides that: (1) if the department provides the information to a parent or guardian, the department may not initiate an investigation or assessment or substantiate an assessment of child abuse or neglect based solely on the provision of the information; and (2) the department is not liable for any action arising out of having furnished the information.

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.

SB91     RELEASE OF IDENTIFYING ADOPTION INFORMATION. (STEELE B) Repeals, effective July 1, 2018, 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, 2018, 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 July 1, 2018, 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.)

SB250    PARENTING COORDINATORS. (BUCK J) Urges the legislative council to assign to the appropriate committee a study of the use of parenting coordinators in resolving custody and parenting conflicts.

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