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Bill Watch, Jan. 10, 2020: Current Family Law Legislation of Note - Family Law News

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Family Law News


Posted on: Jan 14, 2020

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 mwestrick@indianaenergy.org.

Click here to view the full Bill Watch reports.

HB1056    PARENTAL NOTICE OF JUVENILE ARREST AT SCHOOL. (BOY P) Requires that a law enforcement officer who arrests a child on school property or at a school-sponsored event must make a reasonable attempt to notify the child's parent, guardian, or custodian before the child can be moved to a different location.

HB1075    MINIMUM AGE FOR JUVENILE DETENTION. (PRYOR C) Provides that a child who is less than 12 years of age may not be held in a juvenile detention facility, unless: (1) the child is 10 years of age or 11 years of age; and (2) the court finds that: (A) there is probable cause to believe the child committed an act that would be murder if committed by an adult; and (B) it is in the best interests of the child or the community that a petition be filed alleging that the child is a delinquent child. Requires a court that orders a child 10 years of age or 11 years of age to be detained in a juvenile facility to make specified written findings and conclusions.

HB1083    DRIVING CARDS. (CAMPBELL C) Provides for the issuance of driving cards and driving card learner's permits (cards) to residents of Indiana who cannot provide proof of identity and lawful status in the United States. Provides that cards may not be used for federal identification or any other federal purpose. Requires that an individual who holds a card and operates a motor vehicle must verify that financial responsibility on any motor vehicle that the holder operates is continuously maintained in the amounts required by law. Makes conforming amendments. Makes technical corrections.

HB1091    EDUCATION BENEFITS RELATING TO MILITARY SERVICE. (COOK A) Provides that a student meets the residency requirements for enrollment at a public school if the parent of the student: (1) is transferred to or is pending transfer to a military installation within Indiana while on active duty pursuant to an official military order; and (2) submits to the public school certain information, including official documentation, as determined by the state board of education, regarding the transfer or pending transfer. Provides that the student is considered to have legal settlement in the attendance area of the school corporation in which the parent: (1) has submitted the required application and documentation; and (2) intends to reside. Requires a parent who is transferred to or is pending transfer to a military installation within Indiana to provide proof of residence to the public school not later than 10 instructional days after the arrival date provided on the required documentation. Provides that if the parent of the student fails to provide the proof of residence, the public school may exclude the student from attendance pending an expulsion proceeding. Makes the following changes to provisions concerning resident tuition rate eligibility for active duty armed forces personnel and dependents of active duty armed forces personnel: (1) Defines "dependent". (2) Amends the definition of "qualified course". (3) Provides that spouses of active duty armed forces personnel are eligible for the resident tuition rate. (4) Provides that spouses and dependents of active duty armed forces personnel are eligible, from the date that the state educational institution accepts the spouse or dependent for enrollment, for the resident tuition rate if the spouse or dependent enrolls in the state educational institution within a certain amount of time. (5) Provides that a dependent or spouse of a person who serves on active duty in the armed forces is eligible for the resident tuition rate for the duration of the spouse's or dependent's continuous enrollment at a state educational institution regardless of whether the person serving on active duty continues, after the spouse or dependent is accepted for enrollment in the state educational institution, to satisfy certain resident rate tuition eligibility criteria.

HB1122    TEMPORARY EXCEPTION TO RESIDENCY REQUIREMENTS. (LINDAUER S) Provides that a student meets the residency requirements for enrollment at a public school if the parent of the student: (1) is transferred to or is pending transfer to a military installation within Indiana while on active duty pursuant to an official military order; and (2) submits to the public school certain information, including official documentation, as determined by the state board of education, regarding the transfer or pending transfer. Provides that the student is considered to have legal settlement in the attendance area of the school corporation in which the parent: (1) has submitted the required application and documentation; and (2) intends to reside. Requires a parent who is transferred to or is pending transfer to a military installation within Indiana to provide proof of residence to the public school not later than 10 instructional days after the arrival date provided on the required documentation. Provides that if the parent of the student fails to provide the proof of residence, the public school may expel the student.

HB1137    ADDICTION TREATMENT MEDICATIONS. (BARRETT B) Requires that a substance abuse medication in various treatment programs be a long acting medication. (Current law requires the medication be a long acting, nonaddictive medication.) Provides for a uniform definition of the term "medication assisted treatment". Makes technical corrections.

HB1159    JUVENILE EXPUNGEMENTS AND FIREARMS MATTERS. (SCHAIBLEY D) Requires a juvenile court to transmit certain findings to the office of judicial administration for transmission to the National Instant Criminal Background Check System (NICS) upon a finding of delinquency for an act that would be a serious violent felony if committed by an adult. Allows a court to consider the following factors when evaluating a petition to expunge certain juvenile adjudications: (1) Whether a person has been charged with or convicted of murder or another felony offense as an adult. (2) Whether a person has ever been waived to adult court for an offense. (3) Whether a person has ever received a nonsuspendable sentence as a juvenile. (4) Whether the person has been adjudicated a delinquent child for committing an act while armed with a firearm that would be a serious violent felony if committed by an adult. (5) Whether the person: (A) is currently suffering from a mental health issue; (B) has an ongoing or chronic mental health issue; (C) has received or is receiving treatment for a mental health issue; or (D) is complying with a treatment regimen recommended by a mental health professional, if applicable. Prohibits a court from expunging certain records in the absence of a petition requesting the expungement. Requires a court to transmit certain court orders to the office of judicial administration when granting a petition requesting the expungement of certain juvenile records. Provides that a person who: (1) has been adjudicated a delinquent child for the commission of an act while armed with a firearm that would be a serious violent felony if committed by an adult; (2) has not had the juvenile adjudication expunged; and (3) knowingly or intentionally possesses a firearm; commits unlawful possession of a firearm by a dangerous person, a Class A misdemeanor. Specifies that the offense is enhanced to a Level 4 felony if the person has a prior unrelated conviction for the offense. Provides that a person who has been adjudicated a delinquent child for committing an act while armed with a firearm that would be a serious violent felony if committed by an adult is not a proper person for the purpose of receiving a license to carry a handgun. Makes conforming amendments.

HB1164    DISCLOSURE OF CHILD ABUSE AND NEGLECT REPORTS. (ERRINGTON S) Provides that an individual who makes a legally required report of suspected child abuse or neglect may bring a civil action against the department of child services if the department discloses the individual's report in a manner not authorized by law. Provides that the individual may recover: (1) actual damages resulting from the disclosure; and (2) reasonable attorney's fees, litigation expenses, and costs.

SB16    JUVENILE DELINQUENTS AND FIREARMS. (BOHACEK M) Prohibits a person who has been adjudicated a delinquent child for committing an act while armed with a firearm that would be a serious violent felony if committed by an adult (serious delinquent) from possessing a firearm unless the person is at least: (1) 26 years of age, in the case of less serious acts; or (2) 28 years of age, in the case of more serious acts. Makes possession of a firearm by a serious delinquent a Level 6 felony, and increases the penalty to a Level 5 felony for a second or subsequent offense. Requires a juvenile court to transmit certain findings to the office of judicial administration for transmission to the National Instant Criminal Background Check System (NICS) upon a finding of delinquency for an act that would be a serious violent felony if committed by an adult.

SB62    PSYCHOTROPIC MEDICATION IN FOSTER CARE. (GROOMS R) Requires Medicaid restrictions on a mental health drug prescribed to an individual less than 18 years of age if: (1) federal financial participation is not available for reimbursement for the prescription; or (2) the individual is under the care and supervision of the department of child services (department). Beginning January 1, 2021, requires the department to employ or contract with consultants who are licensed child and adolescent psychiatrists to review and provide written determinations and recommendations regarding each request to administer psychotropic medication to a child who is under the care and supervision of the department. Requires the department to: (1) approve a request for consent to administer a psychotropic medication if the consultant determines that the requested psychotropic medication is appropriate and recommends approval of the request; and (2) deny a request for consent to administer a psychotropic medication if the consultant recommends denial of the request. Sets forth time frames for review of a request for consent to administer a psychotropic medication. Requires the department to monitor prescriptions of psychotropic medication for children under the care and supervision of the department and provide a quarterly report to the mental health Medicaid quality advisory committee. Requires residential child care entities licensed by the department to: (1) obtain written instructions and consents before providing psychotropic medication to a child; and (2) maintain a record of information regarding the administration of psychotropic medication to a child. Allows for psychotropic medication to be administered without consent of the department in an emergency under specified circumstances, and requires consent to be requested within 24 hours of the administration of the initial dose of psychotropic medication.

SB144    KIDS FIRST TRUST FUND BOARD SUBSIDIARY CORPORATION. (ZAY A) Provides that the members of the Indiana kids first trust fund board (board) serve terms of four years (rather than two years under current law) and provides for the terms of the appointed members of the board to be staggered. Provides that at least two meetings of the board each year must be conducted with at least a quorum of the members of the board in attendance in person. Provides that not later than 30 days after a meeting of the board, the board shall provide the minutes of the meeting to the general assembly. Provides that not later than December 31, 2020, the board shall create a nonprofit subsidiary corporation to solicit and accept private funding, gifts, donations, bequests, devises, and contributions.

SB277    TRAUMATIC BRAIN INJURY INFORMATION. (LANANE T) Requires a predispositional report in a delinquency proceeding regarding a child who has suffered a traumatic brain injury to include information relating to the traumatic brain injury, including the effect of the traumatic brain injury on the child's behavior and cognitive abilities.

SB289    CRIMINAL HISTORY CHECK OF CHILD SERVICE PROVIDERS. (GROOMS R) Provides that an individual may be employed by a child caring institution, group home, or child placing agency before a criminal history check of the individual is completed if: (1) the criminal history check has been initiated; and (2) the individual's employment before the completion of the criminal history check is limited to employment training during which the individual is never alone with a child.

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