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 firstname.lastname@example.org.
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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.)
Current Status: 2/10/2014 - Referred to Senate Judiciary
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, the placement of children who are children in need of services, and juvenile delinquency; (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.
Current Status: 3/4/2014 - Third reading Passed (Y: 48, N: 0)
SB19 ACCESS TO JUVENILE COURT RECORDS (STEELE B)
Provides that the law making all records of a juvenile court confidential does not apply to records involving proceedings that pertain to: (1) paternity issues; (2) custody issues; (3) parenting time issues; or (4) child support issues; concerning a child born to parents who are not married to each other. Provides that the law that specifies which persons may have access to juvenile court records without a court order does not apply to records involving proceedings that pertain to: (1) paternity issues; (2) custody issues; (3) parenting time issues; or (4) child support issues; concerning a child born to parents who are not married to each other. (The introduced version of this bill was prepared by the commission on courts.)
Current Status: 2/17/2014 - Returned to the Senate without amendments
SB27 PETITIONS FOR ADOPTION (ZAKAS J)
Prohibits granting an adoption while certain appeals are pending. Provides that the court in which a petition for adoption has been filed has exclusive jurisdiction over the child if there is a petition for adoption and a paternity action pending at the same time. (Current law provides exclusive jurisdiction when there is a petition for adoption and a petition for paternity pending.) Urges the legislative council to assign to an appropriate study committee the task of studying whether a father who has abandoned a birth mother during pregnancy should be required to consent to the adoption of the child. (The introduced version of this bill was prepared by the commission on courts.)
Current Status: 3/4/2014 - Concurrences Eligible for Action
SB59 GUARDIAN FILING FOR DISSOLUTION OF MARRIAGE, LEGAL SEPARATION, OR ANNULMENT (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, a legal separation, or an annulment on behalf of an incapacitated person only if the court determines by clear and convincing evidence that petitioning for a dissolution of marriage, a legal separation, or an 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. Allows a guardian to bring an enforcement proceeding to compel compliance if a third party fails to comply with certain demands concerning the guardianship of a minor or incapacitated adult.
Current Status: 3/3/2014 - Representative Macer added as cosponsor
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.)
Current Status: 3/4/2014 - Concurrences Eligible for Action
SB138 VICTIM ADVOCATES IN CIVIL PROCEEDINGS (BECKER V)
Removes restrictions on grants from the victim services division of the Indiana criminal justice institute for certain entities to enter into a contract with the domestic violence prevention and treatment council. Provides that a court may allow a victim advocate to attend a civil proceeding and confer with a victim as necessary. Specifies that a victim advocate is not considered to be practicing law when performing certain services.
Current Status: 2/27/2014 - Third reading Passed: Roll Call 328: yeas 94 and nays 0
SB227 ALCOHOL AND MEDICAL EMERGENCIES; CRIME STUDIES (MERRITT J)
Provides that a person is immune from arrest or prosecution for certain alcohol offenses if the arrest or prosecution is due to the person: (1) reporting a medical emergency; (2) being the victim of a sex offense; or (3) witnessing and reporting what the person believes to be a crime. (Current law provides immunity from arrest or prosecution only if the person reports a medical emergency that is due to alcohol consumption.) Establishes a mitigating circumstance for the sentencing of a person convicted of a controlled substance offense if the person's arrest or prosecution was facilitated in part because the person requested emergency medical assistance for an individual in need of medical assistance due to the use of alcohol or a controlled substance. Allows a court to defer entering a judgment of conviction for an individual arrested for an alcohol offense if the individual was arrested after a report that the person needed medical assistance due to the use of alcohol if certain conditions are met. Allows an advanced emergency medical technician, an emergency medical responder, an emergency medical technician, a firefighter or volunteer firefighter, a law enforcement officer, or a paramedic to administer an overdose intervention drug to a person suffering from an overdose. Allows certain health care providers to prescribe, and a pharmacist to dispense, an overdose intervention drug for an advanced emergency medical technician, an emergency medical responder, an emergency medical technician, a fire department or volunteer fire department, a law enforcement agency, or a paramedic. Requires the commission on improving the status of children in Indiana to study and evaluate: (1) crimes of sexual violence against children; and (2) the impact of social media, wireless communications, digital media, and new technology on crimes against children. Requires the state department of health or the office of women's health to conduct a study to determine the number of persons who are the victims of crimes of domestic or sexual violence, the reasons why these crimes are underreported, best practices to improve reporting, and the most effective means to connect victims with appropriate treatment services. Establishes a framework for the study, and permits the department of health or the office of women's health to contract with a third party to conduct the study. Urges the legislative council to assign to the appropriate study committee during the 2014 interim the task of studying the causes of violence and violent crime in Indiana.
Current Status: 2/26/2014 - Returned to the Senate with amendments