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Bill Watch, Feb. 21, 2020: Current Family Law Legislation of Note - Family Law News

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Family Law News


Posted on: Feb 26, 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 a 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 STUDY COMMITTEE TOPIC. (GROOMS R) Urges the legislative council to assign to an appropriate interim study committee the topic of the supervision and distribution of psychotropic medication to children that are in foster care.

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. Provides that not later than 10 days after a meeting of the board, the board shall post a draft of the minutes of the meeting on the board's Internet web site. Requires the board to study to the topic of establishing a nonprofit subsidiary corporation and provide a report to the general assembly with the board's findings. Allows the board to create a nonprofit subsidiary corporation to solicit and accept private funding, gifts, donations, bequests, devises, and contributions.

SB289    FAMILY AND JUVENILE LAW MATTERS. (GROOMS R) 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 16 years of age. Provides that an individual 16 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 16 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 16 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. Provides that a relocating individual is not required to file a notice of intent to move with the clerk of the court for purposes of custody, parenting time, or grandparent visitation if: (1) the relocation has been addressed by a prior court order; or (2) the relocation will: (A) result in a decrease in the distance between the relocating individual's residence and the nonrelocating individual's residence; or (B) result in an increase of not more than 20 miles in the distance between the relocating individual's residence and the nonrelocating individual's residence. Provides that certain individuals can begin work at a child caring institution, group home, or child placing agency if: (1) the individual's: (A) in-state child protection index check; (B) national sex offender registry check; (C) in-state local law enforcement records check; and (D) fingerprint based check of national crime information data bases; have been completed; (2) the individual's: (A) out-of-state child abuse registry check; and (B) out-of-state local law enforcement records check; have been requested; and (3) the individual completes an attestation, under penalty of perjury, disclosing: (A) any abuse or neglect complaints made against the individual with the child welfare agency of a state other than Indiana in which the individual resided within the five years preceding the date of the attestation; and (B) any contact the individual had with a law enforcement agency in connection with the individual's suspected or alleged commission of a crime in a state other than Indiana in which the individual resided within the five years preceding the date of the attestation. Provides that before the individual's out-of-state abuse registry check and out-of-state local law enforcement records check have been completed, the individual's employment must be limited to employment training during which: (1) the individual does not have direct contact with a child; and (B) the individual is accompanied by an employee who meets certain requirements. 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.

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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