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Bill Watch, Feb. 7, 2020: Current Family Law Legislation of Note - Family Law News

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Family Law News


Posted on: Feb 11, 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.

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.

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.
 
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.

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.

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.

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.
 
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.

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