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Bill Watch, March 6, 2020: Current Family Law Legislation of Note - Family Law News

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Family Law News


Posted on: Mar 9, 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, FATALITY REVIEWS, AND SYRINGE EXCHANGE PROGRAMS. (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 the best way to prevent the transmission of HIV as a result of sexual activity. Provides that a physician or the authorized representative of a physician may not order an HIV test unless the physician or the authorized representative of a physician: (1) informs the patient of the test orally or in writing; (2) provides the patient with an explanation of the test orally, in writing, by video, or by a combination of these methods; and (3) informs the patient orally or in writing of the patient's right to ask questions and to refuse the test. Requires the information to be communicated to the patient in a language or manner that the patient understands. 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. 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). Provides that the requirement to dispose of semen that contains the HIV antibody does not apply if the semen is used according to safer conception practices endorsed by the federal Centers for Disease Control and Prevention or other generally accepted medical experts. Revises the definition of "health care provider". Provides that a patient is considered to have consented to: (1) testing for the presence of a dangerous communicable disease of a type that has been epidemiologically demonstrated to be transmittable by an exposure of the kind experienced by the affected health care provider; and (2) the release of testing results to a medical director or an affected physician in the event of an exposure; if the patient is unable to consent to testing or the release of test results due to physical or mental incapacity. Allows a health care provider or a health care provider's employer to petition a court for an order requiring a patient to provide a blood or bodily fluid specimen in certain instances. Allows a health care provider, a health care provider's employer, or the state department of health to request certain test results when a patient is a witness, bystander, or victim of alleged criminal activity in certain instances. Provides that a health care provider may request a notification concerning exposure to certain communicable diseases in certain instances. Allows a health care provider to designate a physician to receive certain test results following a possible exposure to certain communicable diseases. Requires a health care provider to be notified of an exposure to certain communicable diseases not later than 48 hours after certain notifications have been issued. Requires a health care provider to be provided with: (1) medically necessary treatment; and (2) counseling; following an exposure to certain communicable diseases. Requires a suicide and overdose fatality review team (SOFR team) to review certain suicide and overdose fatalities. Allows a SOFR team to make recommendations concerning the prevention of suicide and overdose fatalities. Specifies membership, record keeping, and data entry requirements for SOFR teams. Renumbers the article concerning suicide and overdose fatality teams for purposes of conflict resolution. Requires a syringe exchange program to: (1) provide testing for communicable diseases and provide services or a referral for services if the individual tests positive; and (2) establish a referral process for program participants in need of information or education concerning communicable diseases or health care. Requires the state department of health to include certain information concerning syringe exchange programs in the report to the general assembly before November 1, 2020. Extends the expiration date for certain syringe exchange programs from July 1, 2021, to July 1, 2022. Defines certain terms. Makes conforming amendments and technical corrections.

SB289    FAMILY AND JUVENILE LAW MATTERS. (GROOMS R) Specifies that an "adult" is: (1) a person at least eighteen years of age; or (2) a: (A) married minor who is at least sixteen years of age; or (B) minor that has been completely emancipated by a court; for the purpose of marriage. 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.

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