Interest Groups

Bill Watch, Jan. 24, 2020: Current Family Law Legislation of Note - Family Law News

Get the news you want the way you want it: click the RSS button in the right corner to add this feed to your RSS reader, or click here to subscribe to this content. By subscribing, you’ll find this news on your Member Account page, and the latest articles will be emailed to you in your customized IndyBar E-Bulletin e-newsletter.

Family Law News


Posted on: Jan 28, 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.

HB1182 HIV AND FATALITY REVIEWS. (CLERE E) Removes acquired immune deficiency syndrome (AIDS) from the statutory definition of "exposure risk disease". Replaces the term "AIDS" with the term "human immunodeficiency virus (HIV)" where appropriate. Replaces the term "carrier" with the term "individual with a communicable disease" where appropriate. Replaces the term "danger" with the term "risk" where appropriate. Replaces the term "spread" with the term "transmission" where appropriate. Replaces the term "HIV antibody" with "human immunodeficiency virus (HIV)" where appropriate. Requires the state department of health (department) to specify, in any literature provided to children and young adults concerning HIV, that abstinence is one way to prevent the transmission of HIV. (Current law states that abstinence is the best way to prevent the transmission of HIV). Specifies that the use of antiretroviral drugs and other medical interventions may lessen the likelihood of transmitting HIV to a child during childbirth. (Current law states that birth by caesarean section may lessen the likelihood of transmitting HIV to a child during childbirth). Requires a physician or the authorized representative of a physician to: (1) provide a patient with a meaningful opportunity to consider an HIV test; and (2) inform a patient of their right to ask questions and to refuse an HIV test; prior to ordering an HIV test for a patient. Requires a physician or an authorized representative of the physician to inform a patient of the counseling services and treatment options available to the patient if an HIV test indicates that the patient is HIV positive. Requires a patient to be notified of their right to a: (1) hearing; and (2) counsel; in certain situations involving a court ordered HIV test. Allows the department to establish a statewide suicide and overdose fatality review (SOFR) committee. Requires the department to establish a state suicide and overdose fatality review coordinator if a statewide SOFR committee is created. Specifies certain duties for the state suicide and overdose fatality review coordinator. Provides that the purpose of a statewide SOFR committee is to: (1) study and review the issues underlying suicide and overdose fatalities; (2) identify similarities, trends, and factual patterns in suicide and overdose fatalities in Indiana; (3) develop strategies to reduce the stigma associated with suicide and overdose fatalities; (4) use acquired information to: (A) improve community resources and systems of care so that suicide and overdose fatalities may be prevented or reduced across the state of Indiana; and (B) create strategies and make recommendations concerning the prevention of: (i) suicide; and (ii) overdose fatalities; (4) provide consultation, guidance, and training to county SOFR committees; and (5) advise and educate the legislature, the governor, and the public on the status of suicide and overdose fatalities in Indiana. Specifies membership and duty requirements for the statewide SOFR team. Specifies certain recordkeeping and reporting requirements for the statewide SOFR team. Provides that a county may establish a county suicide and overdose fatality review committee (county SOFR committee). Requires a county SOFR committee to review certain suicide and overdose fatalities. Allows a county SOFR committee to make recommendations concerning the prevention of suicide and overdose fatalities. Specifies membership, recordkeeping, and data entry requirements for county SOFR committees. Defines certain terms. Makes conforming amendments.
 
HB1196 CHILD CUSTODY AND PARENTING TIME. (JUDY C) Provides that if a court in a paternity or child custody proceeding does not award joint legal custody or joint physical custody of a child, the court shall enter findings of fact and conclusions of law citing clear and convincing evidence that awarding joint legal custody or joint physical custody is unreasonable and not in the best interest of the child. Provides for a court in a proceeding to modify custody to consider any substantial changes in the facts underlying a previous court decision not to award joint legal custody or joint physical custody. Provides that in allocating parenting time, there is a rebuttable presumption that it is in the best interests of the child for parenting time to be allocated equally or nearly equally between the child's custodial parent and the child's noncustodial parent. Provides that a finding by the court that a history of child abuse or neglect exists with respect to the child is sufficient to rebut the presumption.
 
HB1242 PARENTS WITH A DISABILITY. (PORTER G) Specifies that it is the policy of the state to recognize the importance of family and children, including the parenting rights of a parent, regardless of whether the parent has a disability. Provides that the right of a person with a disability to parent the person's child may not be denied or restricted solely because the person has a disability. Establishes procedures to be used in proceedings concerning: (1) custody; (2) parenting time; (3) adoption; (4) foster care; and (5) guardianship; when a parent, prospective parent, prospective foster parent, or prospective guardian is a person with a disability. Requires the department of child services to implement disability awareness training. Provides for the expungement of information relating to the unlawful removal of a child from the home of a person with a disability. Makes conforming amendments.
 
HB1258 GREEN ALERT FOR AT-RISK VETERANS. (DEAL R) Defines "veteran at risk". Creates the green alert program. Changes the name of the Indiana clearinghouse for information on missing children and missing endangered adults to the Indiana clearinghouse for information on missing children, missing veterans at risk, and missing endangered adults (clearinghouse). Makes conforming changes to the duties of the clearinghouse. Creates certain duties and reporting requirements for law enforcement agencies concerning missing veterans at risk. Provides immunity for a broadcaster who broadcasts or an electronic billboard operator who displays a green alert notification and a person who establishes or maintains a green alert web site under an agreement with the state police department.
 
HB1261 CHILD PLACEMENT. (MAY C) Provides that the department of child services (department) may place a child alleged to be a child in need of services with a relative or de facto custodian if the placement is in the best interests of the child.
 
HB1262 CHILDREN IN NEED OF SERVICES. (MAY C) Allows a foster parent, long-term foster parent, relative of a child, or defacto custodian to file a petition to terminate the parent-child relationship in a termination of parental rights or child in need of services proceeding. Provides that if: (1) a child has been removed from a parent and has been under the supervision of the department of child services (department) for 15 of the most recent 22 months; and (2) a petition to terminate the parent-child relationship has not been filed; the court shall order the department to file a petition to terminate the parent-child relationship within 15 days of the order.
 
HB1275 CHILD SERVICES FUNDING. (HEINE D) Requires the department of child services (department) to annually review the hourly and per diem reimbursement rates for community based providers compared to the average statewide cost of providing services. Requires the department to establish individualized compensation rates for child caring institutions, group homes, and child placing agencies that are based on the cost of providing care and services. Requires the department to increase the hourly family preservation rates by 15%.
 
HB1278 GRANDPARENT VISITATION. (BAUER B) Amends statutes regarding: (1) standing to seek grandparent visitation; and (2) survival of judicially granted grandparent visitation rights; to specify that standing to seek visitation survives adoption of the grandchild. Provides that a paternal grandparent of a child does not have standing to seek grandparent visitation if the child's father has not established paternity in relation to the child. (Under current law, such a grandparent has standing to seek grandparent visitation, but may not be awarded grandparent visitation.) Removes a requirement that a petition to seek grandparent visitation must be filed before the adoption of the child. Provides conditions under which standing to seek grandparent visitation survives: (1) establishment of the paternity of the child; and (2) the adoption of the child by certain family members. Provides that grandparent visitation awarded before adoption of the child by certain family members does not survive the adoption if neither of the child's parents has parental rights at the time of the adoption.
 
HB1314 PHYSICAL CUSTODY AND PARENTING TIME. (VANNATTER H) Adds a rebuttable presumption in child custody proceedings that: (1) joint physical custody is in the best interests of the child; and (2) equal parenting time is in the best interests of the child. Provides that the default joint physical custody or parenting time schedule is to alternate weekly physical custody of the child, unless the parents submit an alternative schedule that is approved by the court.
 
HB1323 GRANDPARENT AND GREAT-GRANDPARENT RIGHTS. (BORDERS B) Allows great-grandparents to seek visitation rights with their great-grandchildren in certain circumstances. Provides that a grandparent or great-grandparent may seek visitation with a child if the parent or guardian of the child refuses to allow or restricts visitation by the grandparent or great-grandparent. Establishes factors the court may consider in determining whether granting visitation rights to a grandparent or great-grandparent is in the best interests of the child.
 
HB1345 ADOPTION FOR ABANDONED INFANTS. (LAUER R) Provides that when the department of child services (department) takes custody of a child who is voluntarily left with an emergency services provider or in a newborn safety device, the department shall: (1) not later than 72 hours after the department takes custody of the child, contact each licensed child placing agency in Indiana and request that the licensed child placing agency inform the department of any suitable prospective adoptive parent for the child known to the licensed child placing agency; (2) collaborate with licensed child placing agencies to identify a prospective adoptive parent for the child; (3) request that the state department of health conduct one or more searches of the putative child registry on behalf of the child before a petition is filed to terminate parental rights with regard to the child, with at least one request being made not earlier than 30 days after the estimated date of birth of the child; and (4) notify an individual identified as a potential father by the registry search that the individual's consent to termination of the parent-child relationship will be irrevocably implied if the individual does not file a paternity action with regard to the child. Provides that when considering an out-of-home placement for the child during child in need of services proceedings, if a court or the department is unable to locate a suitable and willing relative (or de facto custodian, if applicable) with whom to place the child, the court or the department shall consider placing the child with a prospective adoptive parent before considering any other placement for the child.
 
HB1352 BUREAU OF MOTOR VEHICLES. (SULLIVAN H) Removes references of Class A and Class B motor driven cycles throughout the Indiana Code. Amends the definition of "motor driven cycle". Removes the definition of "motorboat". Provides that an interim license plate issued by the bureau of motor vehicles (BMV) may be displayed on a rear facing window of the motor vehicle. Provides that an out-of-state dealer licensed in a state other than Indiana and approved by the BMV may perform a vehicle inspection for purposes of issuing a certificate of title. Extends tort claim immunity to the bureau of motor vehicles commission. Provides that the BMV may waive the examination requirement of demonstrating an applicant's skill in operating a motor vehicle if the individual has passed a skills test given by a third party approved by the BMV. Provides that a temporary delivery permit be displayed on a vehicle in a manner determined by the BMV. Provides that an application for a certificate of title submitted only to remove a satisfied lien is not required to be accompanied by the previously issued certificate of title if the application is accompanied with certain documents. Provides that courts must submit the probable cause affidavit in a form and manner prescribed by the BMV. Provides that the BMV shall require an individual in certain instances to attend and satisfactorily complete a driver safety program and, if the person fails to attend or satisfactorily complete the program, requires the BMV to suspend the individual's license. Provides that in order to receive a driver's license, an individual who has successfully completed driver rehabilitation training must also hold a valid learner's permit. Provides that an individual who has signed the application of a minor applicant for a permit or driver's license may file a request to expire the permit or driver's license. Requires the BMV to expire a permit or driver's license of a minor applicant if the individual who signed the application of a minor applicant for a permit or driver's license dies, and the minor applicant fails to find a new signer. Provides that the BMV may suspend the driving privileges or invalidate the learner's permit of an individual who is at least 15 years of age and less than 18 years of age for certain school suspensions and truancy. Provides that in order to be considered a habitual truant, an individual must be at least 15 years of age and less than 18 years of age. Amends sections related to boat excise tax and watercraft registration. Replaces the term "operator's license" with "driver's license" throughout the Indiana Code. Provides that a security agreement is perfected when: (1) the record of the lien is electronically received by the BMV; or (2) the application for certificate of title is submitted to the BMV; as applicable. Provides that certain sections related to mobile credentials have an effective date of July 1, 2020. Provides that in the first year an amended surtax or wheel tax rate is effective, the prior surtax or wheel tax rate (as applicable) shall apply to the registration of a vehicle for the registration year that commenced in the calendar year preceding the year the surtax or wheel tax rate is first effective.
 
HB1355 MARITAL VIOLENCE VICTIMS. (HATCHER R) Defines "marital violence victim" and establishes an expedited time table for a marital violence victim in a dissolution proceeding to obtain: (1) temporary maintenance; (2) temporary child support; (3) temporary custody of a child; and (4) temporary possession of property. Specifies that a person who exerts control over the property of a spouse who has established a separate residence commits theft.
 
HB1376 COLLECTION OF VETERAN STATUS INFORMATION. (SPEEDY M) Requires the Indiana housing and community development authority, the family and social services administration, the state department of health, and the department of child services to obtain veteran status information from applicants or individuals receiving services by asking: (1) "Have you served in the armed forces of the United States or their reserves, in the National Guard, or in the Indiana National Guard?". (2) "Are you the surviving spouse of someone who served in the armed forces of the United States or their reserves, in the National Guard, or in the Indiana National Guard?". Provides that the agencies must state that applicants and other individuals have the option to decline to answer the questions. Requires the agencies to keep the information submitted or obtained in a data base and to share the information with the Indiana department of veterans' affairs. Allows the Indiana department of veterans' affairs to use the shared information to develop outreach programs for veterans and their families.
 
HB1388 EDUCATION BENEFITS RELATED TO MILITARY SERVICE. (KLINKER 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. 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.
 
HB1406 EXPUNGEMENT OF JUVENILE RECORDS. (SHACKLEFORD R) Provides that the office of judicial administration shall maintain data bases required under current law for secure storage of electronic juvenile court documents and data regarding expunged juvenile court records. Provides that an individual is not required to pay a fee to file a petition for expungement of the juvenile court records and law enforcement records of a child alleged to be a delinquent child or child in need of services. Requires a law enforcement agency to destroy any retained copies, in any format, of records sent to a court under an order granting expungement of the records. Creates a process for automatic review and expungement of an individual's juvenile delinquency record after a certain period of time. Requires: (1) a law enforcement agency, at the time the law enforcement agency creates a law enforcement record regarding a child accused of a delinquent act; and (2) the clerk of a juvenile court to which a child is referred; to give written notice to the child and the child's parent, guardian, or custodian describing the process to petition for expungement of the child's law enforcement records and juvenile court records, respectively, and written notice of the requirements for automatic expungement of the child's law enforcement records and juvenile court records. Makes conforming amendments.
 
HB1413 ASSISTED REPRODUCTION AND GESTATIONAL SURROGACY. (EBERHART S) Amends provisions regarding testing of donated human sperm and eggs. Repeals current Indiana law regarding surrogacy agreements. Enacts the gestational surrogacy act, which establishes: (1) presumptions regarding parentage; (2) prerequisites for individuals who wish to enter into a gestational surrogacy agreement; (3) procedural requirements for gestational surrogacy; (4) requirements for gestational surrogacy agreements; (5) support obligations with regard to a child born as the result of gestational surrogacy; (6) remedies for breach of a gestational surrogacy agreement; and (7) provisions for determination of jurisdiction over litigation regarding a gestational surrogacy agreement. Enacts the gamete donation act, which establishes: (1) presumptions regarding parentage of a child born as the result of gamete donation; (2) prerequisites for individuals who wish to enter into a gamete donation agreement; (3) procedural requirements for gamete donation; (4) requirements for gamete donation agreements; (5) provisions regarding parentage of a child born posthumously to a gamete donor; (6) remedies for breach of a gamete donation agreement; and (7) provisions for determination of jurisdiction over litigation regarding a gamete donation agreement. Increases the maximum amount an ovum donor may be compensated for the donor's recovery time from $4,000 to $6,000. Requires legal counsel to have significant experience in assisted reproduction matters in certain instances. Provides that a gestational surrogacy agreement may not limit the right of the gestational surrogate to make any decision concerning the gestational surrogate's right to terminate or continue a pregnancy. Provides that any term or condition in a gestational surrogacy agreement that contradicts or seeks to abrogate a surrogate's right to continue or terminate a pregnancy is void. Provides that the marriage of a gestational surrogate after the execution of a gestational surrogacy agreement does not affect the validity of the gestational surrogacy agreement. Provides that consent from a gestational surrogate's spouse is not required in order for the terms of the gestational surrogacy agreement to be completed or performed. Provides that a person who becomes the spouse of a gestational surrogate after the execution of a gestational surrogacy agreement is not a presumed parent of the resulting child. Provides that if a gestational surrogate initiates divorce proceedings or becomes divorced before the intended parent can establish parentage, the spouse of the gestational surrogate shall not be the presumed parent of a resulting child and shall not be required to sign, or otherwise authenticate, any establishment of parentage documentation required by a court. Provides that certain conditions must be met prior to the issuance of a prebirth court order by a court. Requires all reproductive endocrinologists and mental health professionals engaging in gestational surrogacy matters to remain informed of recommended guidelines published by the American Society for Reproductive Medicine and the American College of Obstetricians and Gynecologists. Provides that court orders concerning gestational surrogacy do not provide a court with jurisdiction over the matters of child custody or child support if jurisdiction over the matters is not otherwise authorized. Provides that a court order concerning the establishment of parentage shall be given full faith and credit in another state if an Indiana establishment of parentage court order constitutes a signed record and otherwise complies with the laws of the other state. Exempts donor compensation for gamete donation from certain prohibitions concerning the sale of a human ovum, zygote, embryo, or fetus under certain circumstances. Allows the retrieval of gametes from a person who is: (1) deceased; (2) brain dead; (3) comatose; or (4) in a persistent vegetative state; in certain instances. Specifies that: (1) maternity; and (2) paternity; must be established not later than four years after the death of a parent in instances involving children born through use of assisted reproduction. Specifies factors for a court to consider when deciding upon the disposition of cryopreserved preembryos: (1) during a divorce or separation; and (2) in the absence of an agreement concerning the ultimate disposition of cryopreserved preembryos. Defines certain terms. Makes conforming amendments.
 
HB1418 MINIMUM AGE TO MARRY. (ENGLEMAN K) Amends the definition of "adult" for purposes of the Indiana Code to include: (1) a married minor who is at least 16 years of age; and (2) a minor who has been completely emancipated by a court; subject to specific constitutional and statutory age requirements and health and safety regulations that remain applicable to the person because of the person's age. Raises the minimum age to marry from 15 years of age to 17 years of age. Provides that an individual 17 years of age may marry only if: (1) the individual's intended spouse is not more than four years older than the individual; (2) a juvenile court has issued an order allowing the individual to marry; and (3) the individual: (A) completes any premarital counseling required under the order; (B) applies for a marriage license not earlier than 15 days after the order is issued; and (C) includes a certified copy of the order with the individual's application for a marriage license. Repeals provisions requiring an individual less than 18 years of age to obtain consent to marry from the individual's parent or guardian. Specifies a process an individual 17 years of age must follow to petition a juvenile court for an order allowing the individual to marry, and specifies conditions necessary for approval of the petition and conditions requiring denial of the petition. Provides that a court that issues an order allowing an individual 17 years of age to marry must also issue an order completely emancipating the individual. Amends the list of records or documents an individual may submit to a court clerk as proof of the individual's date of birth for purposes of applying for a marriage license. Amends the law regarding petitions by minors for emancipation as follows: (1) Provides that a court hearing a minor's petition for emancipation must appoint a guardian ad litem for the minor. (2) Provides that the guardian ad litem shall investigate the statements contained in the minor's petition and file a report of the investigation with the court. (3) Provides that a court may grant a minor's petition for emancipation only if the court finds that emancipation is in the child's best interests. (4) Provides that if the court completely emancipates the child: (A) the child has all the rights and responsibilities of an adult; and (B) the emancipation order may not specify terms of emancipation. Provides that an emancipated child remains subject to: (1) Indiana law concerning minimum age for marriage; and (2) other specific constitutional and statutory age requirements applicable to the emancipated child because of the emancipated child's age. Makes conforming amendments.
 
HB1423 SERVICE ANIMAL EXCLUSION FROM MARITAL PROPERTY. (WRIGHT M) Provides that a service animal is excluded from a court's or family law arbitrator's division of property in an action for dissolution of marriage.

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.

SB310 ADOPTION SUBSIDIES. (NIEZGODSKI D) Prohibits the department of child services (department), a licensed child placing agency, or a court from considering the following when making certain determinations regarding the suitability of a prospective adoptive parent: (1) The eligibility of the prospective adoptive parent to receive adoption assistance or an adoption subsidy. (2) The amount of adoption assistance or adoption subsidy for which the prospective adoptive parent qualifies. Requires, with exceptions, the department to: (1) enter into an agreement with each adoptive parent of a child with special needs who is eligible for an adoption subsidy to provide an adoption subsidy for the child; and (2) allocate to the adoption assistance account funds necessary to make the adoption subsidy payments. Prohibits the department from terminating an adoption subsidy agreement with adoptive parents due to insufficient funds in the adoption assistance account. Provides that the amount of adoption subsidy payments may not be less than an amount equal to 50% of the amount that would be payable by the department for the monthly cost of care of the adopted child in a foster family home at the time the adoption subsidy agreement is made or the subsidy is payable under the terms of the agreement, whichever is greater. Makes conforming changes.
 
SB312 PARENTS WITH A DISABILITY. (NIEZGODSKI D) Specifies that it is the policy of the state to recognize the importance of family and children, including the parenting rights of a parent, regardless of whether the parent has a disability. Provides that the right of a person with a disability to parent the person's child may not be denied or restricted solely because the person has a disability. Establishes procedures to be used in proceedings concerning: (1) custody; (2) parenting time; (3) adoption; (4) foster care; and (5) guardianship; when a parent, prospective parent, prospective foster parent, or prospective guardian is a person with a disability. Requires the department of child services to implement disability awareness training. Provides for the expungement of information relating to the unlawful removal of a child from the home of a person with a disability. Makes conforming amendments.
 
SB336 PRETRIAL DETENTION OF JUVENILES. (BREAUX J) Prohibits a juvenile arrestee who meets certain requirements from being housed with adult inmates prior to trial except when it would be in the interests of justice to house the arrestee with adults. Requires the court to consider: (1) the juvenile arrestee's age; (2) the physical and mental maturity of the juvenile arrestee; (3) the present mental state of the juvenile arrestee, including whether the juvenile arrestee presents an imminent risk of harm to himself or herself or others; (4) the nature and circumstances of the alleged offense; (5) any prior history of delinquent or criminal acts of the juvenile arrestee; and (6) the ability of the adult facility to meet the specific needs of the juvenile arrestee; in determining whether the interests of justice require that the juvenile arrestee be housed with adults. Provides that a juvenile arrestee may not be held in an adult facility for more than 180 days unless good cause is shown. Requires the court to review its determination of placement every 30 days.
 
SB345 CHILD SERVICES OVERSIGHT. (HOUCHIN E) Establishes the child services oversight committee (committee). Requires the committee to review case decisions of the department of child services (DCS) and the juvenile courts in certain cases with negative outcomes, make recommendations to the DCS and the legislative council, study topics assigned by the legislative council, and study any other issues relevant to the activities of the DCS and improving child safety. Authorizes the committee to meet at any time at the call of the chairperson. Provides that records reviewed by the committee are confidential and may not be disclosed. Requires a local office or the department to redact any identifying information from any record provided to the committee. Specifies other policies governing the committee.
 
SB348 GRANDPARENT VISITATION. (HOUCHIN E) Provides that an individual is a grandparent for purposes of the grandparent visitation statute if the individual is, or was at any time, the: (1) parent of a parent of the child; (2) adoptive parent of a parent of the child; or (3) parent of an adoptive parent of the child. Provides that a paternal grandparent of a child does not have standing to seek grandparent visitation if the child's father has not established paternity in relation to the child. (Under current law, such a grandparent has standing to seek grandparent visitation, but may not be awarded grandparent visitation.) Provides that in determining whether grandparent visitation is in the best interests of a child, the court may consider whether the child's parent has prevented the grandparent from having meaningful contact with the child due to estrangement of the relationship between the parent and the grandparent. Removes a requirement that a petition to seek grandparent visitation must be filed before the adoption of the child. Provides that a court may modify an order granting or denying grandparent visitation only if modification would serve the best interests of the child. Provides conditions under which standing to seek grandparent visitation survives: (1) establishment of the paternity of the child; and (2) the adoption of the child by certain family members. Provides that grandparent visitation awarded before adoption of the child by certain family members does not survive the adoption if neither of the child's parents has parental rights at the time of the adoption. Removes the requirement that a grandparent must be notified of a grandchild's pending adoption by a family member. Makes conforming amendments.
 
SB351 JUVENILE LAW MATTERS. (TAYLOR G) Provides that the juvenile court may exercise jurisdiction over a child who: (1) is at least 16 years of age and who is charged with certain more serious offenses; or (2) has a previous adult conviction and who is alleged to have committed an offense that would be a felony if committed by an adult. Provides for automatic expungement of a delinquency adjudication if the delinquent act: (1) did not result in bodily injury to another person; and (2) is not a sex offense.
 
SB360 HUMAN TRAFFICKING. (DONATO S) Provides that if a petition alleges that a child is a child in need of services as a victim of human or sexual trafficking, the juvenile court shall make a determination on the petition. Requires that before or at the initial hearing, the court shall appoint an attorney for a child alleged to be a child in need of services as a victim of human or sexual trafficking.
 
SB377 TEMPORARY EXCEPTION TO RESIDENCY REQUIREMENTS. (MRVAN F) 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.
 
SB419 DRIVING CARDS. (NIEZGODSKI D) 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.
 
SB428 REPORT ON CHILD FATALITIES. (LEISING J) Expands the department of child services annual report concerning child fatalities in Indiana to include all child fatalities in Indiana: (1) that involved adoptees; and (2) that involved children who solely received home based instruction.
 
SB440 DISSOLUTION OF TOWNSHIP GOVERNMENT. (BASSLER E) Requires in 2020 and every eight years thereafter that a public question be placed on the ballot in each county (except in a county having a consolidated city and a county in which township government has been dissolved), asking the voters of the county whether township government in the county should be dissolved. Provides that if the voters of the county vote in favor of dissolution of township government, township government in the county is dissolved on January 1 of the second odd-numbered year after the public question is approved by the voters. Provides that on the dissolution date, the county executive (or the county executive's designee) assumes the powers and duties of the township trustees in the county and the county fiscal body assumes the duties of the township boards. Provides that elected township officials serve out their terms of office and are required to assist in the transfer of the powers and duties of township government to county government. Renames "township assistance" as "local assistance". Provides for the disposition of township property, funds, and liabilities. Repeals a statute permitting the staggering of the terms of township board members. Repeals obsolete statutes. Makes conforming changes.

DID YOU KNOW?

Indianapolis Bar Association (IndyBar) est. 1878 | 4,536 Members (as of 2.11.21)