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Current Legislation of Note - Family Law News

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Family Law News


Posted on: Jan 29, 2014

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 Mindy Westrick at mindy.westrick@faegrebd.com.

Click here to view the full Bill Watch reports.

HB1014 DISSOLUTION IN CASES OF DOMESTIC VIOLENCE (KUBACKI R)
Allows a court, in a dissolution of marriage case, to: (1) conduct a final hearing; or (2) enter a summary dissolution decree; at any time after a petition or counter petition for dissolution has been filed if a party to the action has been convicted of a crime of domestic violence against the other party or against any child living in the same household as a party. (Current law prohibits a court from conducting a final hearing or entering a summary dissolution decree earlier than 60 days after a petition or counter petition has been filed.) Requires the court to: (1) conduct the final hearing; or (2) enter a summary dissolution; as soon as practicable. Allows a family law arbitrator to enter a summary dissolution decree at any time after a petition for dissolution has been filed if a party to the action has been convicted of a crime of domestic violence against the other party or against any child living in the same household as a party. (Current law prohibits a family law arbitrator from entering a summary dissolution decree earlier than 60 days after a petition has been filed.)

HB1016 MINORS FILING PROTECTIVE ORDERS (KUBACKI R)
Allows a minor who: (1) is at least 14 years of age; and (2) is or has been a victim of domestic or family violence; to file an order for protection. Allows the matter to be transferred to a court with juvenile jurisdiction. Allows a court to appoint a guardian ad litem for the minor.

HB1023 GUARDIAN FILING FOR DISSOLUTION OF MARRIAGE (MAYFIELD P)
Allows a guardian, including a volunteer advocates for senior program or a volunteer advocates for incapacitated adults program, to request permission to file a petition for dissolution of marriage on behalf of a protected person. Allows the court to grant a request for permission to file a petition for a dissolution of marriage on behalf of a protected person only if the guardian proves by a preponderance of the evidence that the dissolution of marriage is in the best interests of the protected person. Provides that the guardian may not delegate the power to request permission to file a petition for dissolution. Requires the guardian to: (1) be named in a petition for dissolution of marriage; and (2) file, with the petition for dissolution of marriage, a copy of the court order granting the request for permission to file the petition.

HB1110 DEPARTMENT OF CHILD SERVICES. (MAHAN K)
Makes various changes to provisions concerning child welfare, including: (1) the contents of notices sent out by the director of the department of natural resources to individuals who are delinquent in paying child support; (2) the definition of "relative" for purposes of provisions concerning residential child care, collaborative care, and the placement of children who are children in need of services; (3) the issuance and implementation of income withholding orders; (4) information reviewed by the residential placement committee; (5) the disclosure of reports and other materials concerning investigations and reports of children who are or are alleged to be children in need of services and child fatalities or near fatalities;and (6) the placement of children who are or alleged to be children in need of services. Makes a technical correction. Repeals a provision concerning foster care licenses.

HB1120 SUPPORT FOR POSTSECONDARY EDUCATIONAL EXPENSES (HEATON R)
Provides that a child support order or educational support order may not include amounts for a child's educational expenses at a postsecondary educational institution unless the party to whom the order applies has entered into an agreement to pay amounts for the child's educational expenses at a postsecondary educational institution. Makes provisions in an order that include amounts for educational expenses at a postsecondary educational institution void unless the party to whom the order applies has entered into an agreement to pay those expenses. Makes conforming changes to remove references to educational support for postsecondary education.

SB22 FINAL VISIT AFTER TERMINATION OF PARENTAL RIGHTS (WATERMAN J)
Allows a juvenile or probate court or the department of child services (department) to approve a final visit between a person whose parental rights have been terminated and a child. Prohibits the department from approving a final visit if: (1) the person has been convicted of or has been charged with and is awaiting trial for a charge of certain offenses against the child; or (2) the visit would occur more than 10 calendar days after the date the juvenile or probate court terminated the parent-child relationship.

SB59 GUARDIAN FILING FOR DISSOLUTION OF MARRIAGE (BRAY R)
Allows a guardian, including a volunteer advocates for senior program or a volunteer advocates for incapacitated adults program, to request permission to file a petition for dissolution of marriage, legal separation, or annulment of marriage on behalf of an incapacitated person. Allows the court to grant a request for permission to file a petition for a dissolution of marriage, legal separation, or annulment on behalf of an incapacitated person only if the guardian proves by a preponderance of the evidence that the dissolution of marriage, legal separation, or annulment is in the best interests of the incapacitated person. Provides that the guardian may not delegate the power to request permission to file a petition for dissolution, separation, or annulment. Requires the guardian to: (1) be named in a petition for dissolution of marriage, legal separation, or annulment; and (2) file, with the petition, a copy of the court order granting the request for permission to file the petition. Permits a guardian to file a petition for dissolution of marriage, legal separation, or annulment on behalf of an incapacitated person in the guardian's county of residence.

SB63 NONSUPPORT OF A CHILD (YOUNG R)
Changes the penalty enhancement for nonsupport of a child from a Level 6 felony to a Level 5 felony if the person has a previous conviction for the offense. Changes the procedure for a court to lower the penalty for a person convicted of nonsupport of a child. (The introduced version of this bill was prepared by the criminal law and sentencing policy study committee.)

SB100 PROTECTING PARENTAL RIGHTS (KRUSE D)
Specifies that the liberty of parents to direct the upbringing, education, and care of their child is a fundamental right. Prohibits a governmental entity from infringing on that right without demonstrating that the governmental entity's governmental interest as applied to the person is of the highest order and not otherwise served. Establishes the application of these provisions to laws, rules, and ordinances.

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