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Bill Watch, Mar. 28, 2017: Current Family Law Legislation of Note - Family Law News

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Family Law News


Posted on: Mar 28, 2017

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.

HB1048    ADOPTION CRIMINAL HISTORY CHECK. (AYLESWORTH M) Removes a requirement that a criminal history check in an adoption or guardianship proceeding must include a request for information from a national registry of substantiated child abuse and neglect reports.

HB1245    NOTICE OF ADOPTION TO GRANDPARENTS. (KARICKHOFF M) Provides that a grandparent of a child sought to be adopted is entitled to notice of pending adoption proceedings.

SB49    PLAN FOR THE PERMANENT PLACEMENT OF A CHILD. (GLICK S) Requires that a post-termination permanency plan is filed simultaneously with a petition for termination of a parent-child relationship.

SB235    GUARDIANSHIPS. (CRIDER M) Requires a guardian of a protected adult to permit all appropriate contact, communication, and social interaction between the protected adult and individuals with whom the protected adult had significant past family or social relationships, subject to a determination by the guardian, after consideration of all relevant facts and circumstances, that contact, communication, or social interaction with the protected adult should be limited, supervised, or prohibited in order to prevent harm to the protected adult's health, person, or property. Provides that any act or omission by the guardian in permitting contact, communication, and social interaction with the protected adult is subject to review and modification or other action by the court.

SB246    CHILD NEGLECT DEFENSE. (HOLDMAN T) Specifies under the safe haven law that it is only a defense to a claim of neglect of a dependent if the individual left the child with a person who is an emergency medical services provider.

SB312    USE OF CRIMINAL HISTORY INFORMATION IN HIRING. (BOOTS P) Provides that a political subdivision may not prohibit an employer from obtaining or using criminal history information during the hiring process to the extent allowed by federal or state law, rules, or regulations. Provides that a political subdivision may not prohibit an employer, at the time an individual makes an initial application for employment, from making an inquiry regarding the individual's criminal history information or requiring the individual to disclose criminal history information.

SB332    ADOPTION MATTERS. (ZAKAS J) Amends provisions regarding adoption notices. Requires, with exceptions, the attorney or licensed child placing agency obtaining a consent to adoption to provide to the person consenting to adoption the name and address of the court in which the adoption is filed. Provides that a consent to an adoption is not required from the biological father of a child born out of wedlock who was conceived as a result of a crime in any jurisdiction in which the elements of the crime are substantially similar to certain crimes under Indiana law. Amends provisions regarding: (1) when a putative father is not entitled to establish paternity; (2) application of notice provisions to the contesting of an adoption; (3) contesting an adoption; (4) withdrawing consent to an adoption; and (5) postadoption contact privileges. Prohibits: (1) any person from challenging an adoption decree after the expiration period; and (2) with exceptions, a court from granting an adoption unless the attorney or licensed child placing agency provided to the person who signed a consent to adoption the name and address of the court in which the adoption was filed. Makes the following changes to the crime of profiting from an adoption: (1) Provides that the crime does not apply if the birth mother is not a resident of Indiana and the adoption takes place outside of Indiana. (2) Increases, from $3,000 to $4,000, the allowable payments for certain costs and expenses. Prohibits the state department of health from processing a record for adoption unless certain fees have been paid and the report summarizing the available medical, psychological, and educational records concerning the birth parents has been submitted to the state department of health.

SB396    GUARDIAN REIMBURSEMENT AND MEDICAID ELIGIBILITY. (KOCH E) Specifies that an amount not to exceed $175 a month in court ordered guardianship fees for an individual who is in an institution is exempt from Medicaid income eligibility consideration.

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