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Bill Watch, Jan. 9, 2018: Current Family Law Legislation of Note - Family Law News

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Family Law News

Posted on: Jan 9, 2018

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 Lawren Mills at

Click here to view the full Bill Watch reports.

HB1006    FORENSIC TREATMENT SERVICES. (STEUERWALD G) Makes various changes to the criminal justice institute's annual report on the impact of criminal code reform on local units of government, the department of correction, and the office of judicial administration. Requires the report to be prepared in conjunction with the justice reinvestment advisory council (council). Adds probation departments, pretrial diversion programs, and jail treatment programs to programs that are eligible to apply for a state grant for community corrections. Replaces the Indiana judicial center with the office of judicial administration for purposes of: (1) submitting the community supervision collaboration plan; (2) approval of the commissioner of the department of correction providing additional financial aid to counties with a community supervision collaboration plan; and (3) duties with the council. Allows the division of mental health and addiction (division) to establish a pilot program, subject to available funding and on the recommendation of the council, to provide mental health and addiction forensic treatment services to individuals who are charged with a misdemeanor and meet certain eligibility criteria. Provides that if the pilot program is established, the division shall issue annual reports. Removes an expired provision.

HB1007    HEALTH AND HUMAN SERVICES AND INSURANCE MATTERS. (KIRCHHOFER C) Allows the division of mental health and addiction to grant approval for nine additional opioid treatment programs that: (1) are operated by a hospital; and (2) meet other specified requirements; if the division determines that there is a need for the program in the proposed location. Makes an exemption for an individual employed by a community mental health center to the requirement that an individual obtaining clinical social work experience be licensed as a social worker. Allows an individual to take the required examination for licensure as a social worker, mental health counselor, or addiction counselor before the individual meets the experience requirement for licensure. Requires: (1) the office of the secretary of family and social services, a contractor, or a managed care organization for purposes of the Medicaid program; (2) an accident and sickness insurer; and (3) a health maintenance organization; to provide provisional credentialing to a provider for which a credentialing determination is not completed in at least 30 days if certain requirements are met, and requires reimbursement for the services provided during the period of provisional credentialing. Requires certain policies of accident and sickness insurance to provide coverage for substance abuse or chemical dependency treatment provided by an addiction counselor.

HB1059   PROFESSIONAL LICENSING AGENCY. (BACON R) Removes references in behavioral health and human services licensing law to certified health care professionals. Specifies that the statutes concerning behavioral health and human services professionals may not be construed to limit addiction counseling performed by certain students, interns, and trainees studying in institutions accredited by an accreditation program approved by the behavioral health and human services licensing board. Requires an individual who is licensed as an addiction counselor or a clinical addiction counselor to: (1) display a counselor license or a clear copy of a counselor license at each location where the addiction counselor or clinical addiction counselor regularly practices; and (2) include certain information on the individual's professional marketing material. Changes certain educational and clinical experience requirements for a licensed addiction counselor and a licensed clinical addiction counselor.

HB1071    SIBLING VISITATION. (OLTHOFF J) Provides that a child's adult sibling may file a petition seeking visitation rights with the child in certain circumstances. Establishes factors for the court to consider in determining whether granting sibling visitation rights to an adult sibling is in the best interests of the child. Requires the court to enter a decree after holding a hearing. Allows the court to modify or vacate an order granting or denying sibling visitation rights with an adult sibling.

HB1072    ISSUES RELATING TO THE DEATH OF A MINOR. (OLTHOFF J) Provides that if a minor child dies, the parent awarded: (1) sole legal custody; or (2) primary physical custody (if joint legal custody was awarded to the parents); is the parent who may decide issues regarding the estate of the child and disposition of the child's body, including autopsy, cremation, funeral arrangements, or anatomical gifts. Provides that, for purposes of a custody order, "health care" includes the disposition of a minor child's body upon the minor child's death.

HB1091    ACCESS TO RECORDS IN ADOPTION PROCEEDINGS. (BURTON W) Requires a licensed child placing agency or local office to provide to the prospective adoptive parents any part of a report, recommendation, or other information concerning: (1) the suitability of the prospective adoptive parents; (2) the proposed home for the child; and (3) the explanation of the basis upon which the recommendation is being made; at the same time the report, recommendation, or information is submitted to the court. Provides immunity from civil and criminal liability for a person based on the contents of a report, recommendation, or other information unless the contents were the result of gross negligence or willful and wanton misconduct. Provides that a failure to provide a report, recommendation, or other information concerning the suitability of the prospective adoptive parents or the proposed home for the child to the prospective adoptive parents is a Class B misdemeanor.

HB1113    FOSTER PARENT BILL OF RIGHTS. (MACER K) Requires the department of child services (department) to create and make available to a foster parent a bill of rights (bill of rights) for foster parents. Provides information that must be included in a bill of rights developed by the department. Requires the department to distribute the bill of rights annually and upon request. Requires the department to make the bill of rights available on the department's Internet web site.

HB1123    TRANSFERS TO CAREGIVERS. (MAY C) Provides that a caregiver may not accept or receive one or more gifts from a senior consumer for whom the caregiver has assumed responsibility for all or a part of the care of the senior consumer who needs assistance with activities of daily living if the gift or gifts: (1) have an aggregate fair market value that exceeds $15,000; or (2) are real estate. Creates an exception for an immediate family member who resides with the senior consumer, if undue influence over the senior consumer is not used. Creates an exception for certain transfer instruments executed before the caregiver became the senior consumer's caregiver. Allows a court action to be brought against the caregiver for a violation. Requires the court to award court costs, reasonable attorney's fees, and other actual expenses of litigation if the senior consumer prevails in a court case. Removes the authority of a court to require to give security upon the filing of the complaint, on the appearance of any defendant, claimant, or other party, or at any later time.

HB1131    OPIATE RISK INFORMATION. (DAVISSON S) Provides that before issuing an initial prescription for an opiate, a practitioner shall specifically discuss with the patient who is at least 18 years of age or the patient's parent or guardian certain information concerning opiates. Requires the practitioner to include a note of the conversation in the patient's medical record. Creates an exception for patients receiving hospice care.

HB1133    VICTIM NOTIFICATION. (HEAD R) Provides that if the discharge or release date of an offender is changed during the 40 day notification period before an offender's planned discharge or release, the department of correction shall notify the victim as soon as possible but not more than 48 hours after the change in the discharge or release date.

HB1134    DRUG ADDICTION WORKFORCE RECOVERY PROGRAM. (DAVISSON S) Requires the division of mental health and addiction (division) to establish a drug addiction workforce recovery program (program). Provides that the program is to assist employers who have recently hired or offered to hire individuals who are qualified for employment with the employer and have failed an initial drug screening, to employ the individual if the individual agrees to participate in a drug education and addiction treatment program as a condition of employment. Establishes requirements for the program. Provides that the division may allow an employer to deduct from the employee's wages to pay for a part of the employee's drug education and addiction treatment services if the employee has assigned the wages. Requires that the department of workforce development and the state department of health shall assist the division in administering the program. Provides that if an employer and employee comply with the program, the employer is not liable in a civil action alleging negligent hiring for negligence of the employee. Allows the department of workforce development to develop an incentive program for employers who participate in the program.

SB5    PROFITING FROM AN ADOPTION. (ZAKAS J) Adds an exemption for the transfer or receipt of reasonable charges and fees for adoption services provided by an attorney licensed in Indiana from a profiting from an adoption offense.

SB102    SPOUSAL SUPPORT AND EDUCATIONAL SUPPORT. (DELPH M) Adds to the list of factors that a court may consider when making findings concerning spousal maintenance. Allows a court to award spousal maintenance as appropriate, but not to exceed: (1) a period of time that equals the duration of the marriage; or (2) an annual amount, including child support obligations for any child of the marriage, equivalent to 40% of the payor spouse's annual salary. Allows a court to issue an educational support order until a child reaches 26 years of age.

SB106    SCHEDULE I CONTROLLED SUBSTANCES. (MERRITT J) Adds certain compounds to the list of schedule I controlled substances.

SB107    INSPECT REGISTRATION FOR DISPENSERS OF CONTROLLED SUBSTANCES. (MERRITT J) Requires certain registered dispensers of controlled substances to be registered with the INSPECT program.

SB108    CRIMES INVOLVING SYNTHETIC DRUGS. (MERRITT J) Makes possessing or dealing in a substance that is a controlled substance analog an offense of the same level as possession of or dealing in the controlled substance of which the substance is an analog. Defines "substance represented to be a controlled substance" and establishes certain factors the trier of fact may consider to determine if a substance meets the definition. Repeals crimes concerning synthetic drug lookalike substances. Provides that convictions for synthetic drug offenses will, in certain cases, no longer be treated the same as marijuana offenses. Makes conforming amendments.

SB127    PROTECTIVE ORDERS. (HEAD R) Provides that, after notice and a hearing, including a hearing at which the respondent does not appear, a court may order the petitioner for an order for protection or a modification of an order for protection to refrain from being at a specific location at a specific time. Provides that a respondent may seek to have the protective order modified if the respondent reasonably believes the petitioner is acting in bad faith under the terms of the protective order.

SB128    CHANGE OF PLACEMENT OF A CHILD IN NEED OF SERVICES. (HEAD R) Requires that, before changing the out-of-home placement of a child who has been in the same out-of-home placement for at least one year, the department of child services must file a motion requesting a change in placement and provide notice to the persons affected. Requires the juvenile court to hold a hearing on the question if the person with whom the child is placed files a written objection to the motion.

SB130    COURT APPOINTED CHILD ADVOCATE IMMUNITY. (BOHACEK M) Provides immunity from civil and criminal liability for: (1) a guardian ad litem program; (2) a court appointed special advocate program; and (3) an employee, contract employee, or volunteer for a guardian ad litem program or court appointed special advocate program; when a child is placed on a waiting list for guardian ad litem or court appointed special advocate services.

SB135    REQUIRED DCS NOTIFICATIONS FOR SCHOOLS. (BOHACEK M) Requires a law enforcement agency that participates in a child abuse or neglect assessment (assessment) involving a child who attends kindergarten through grade 12 to provide information to the department of child services (DCS) if a person who resides in the home of the child is arrested during the course of the assessment. Requires DCS to provide information to the school a child attends if a person who resides in the home of the child is arrested during the course of an assessment. Requires DCS to notify a child's school if the child is removed from the child's home. Makes conforming amendments.

SB139    INVESTIGATION OF OVERDOSE DEATHS. (MERRITT J) Requires the county coroner to do the following if the county coroner reasonably suspects the cause of a person's death to be accidental or intentional overdose of a controlled substance: (1) Obtain any relevant information about the decedent maintained by the INSPECT program. (2) Extract and test certain bodily fluids of the decedent. (3) Report test results to the state department of health (department). (4) Provide the department notice of the decedent's death, including any information related to the controlled substances involved, if any. Authorizes the department to adopt rules. Makes conforming changes.

SB179    CHILD SUPPORT. (BRAY R) Provides that incarceration of a parent may not be considered to be voluntary unemployment in determining an amount to be ordered for support of a child. Provides that a court may modify the child support order, or approve a proposed modification, without holding a hearing if: (1) a petition to modify a child support order based on incarceration of a party is filed; and (2) after receiving notice, no party timely files an objection or request for hearing. Requires the child support bureau (bureau), beginning July 1, 2019, to notify both parties of each party's right to request a modification of the child support order not later than fifteen (15) days after learning that an obligor in a Title IV-D case is or may be incarcerated for a period of at least one hundred eighty (180) calendar days. Requires a prosecuting attorney or private attorney entering into an agreement or a contract with the bureau to review all requests for modification of child support received from an incarcerated obligor with an open Title IV-D case and, if appropriate, file a petition for modification of child support and proposed order in the appropriate court.

SB218    PROCEDURES TO TERMINATE PARENTAL RIGHTS. (HOUCHIN E) Provides that a court may find that reasonable efforts to reunify a child with the child's parent, guardian, or custodian or preserve a child's family are not required if the court finds that the parent, guardian, or custodian of a child who is a child in need of services has failed to maintain consistent and meaningful contact with the child over at least the most recent 12 months. Adds to the list of allegations that satisfy the requirements for a petition for termination of parental rights an allegation that: (1) the parent has failed to maintain consistent and meaningful contact with the child over at least the most recent 12 months; or (2) the parent abandoned the child for at least six months before the filing of the petition to terminate parental rights. Requires a person filing a petition for termination of parental rights to request a hearing at the time the petition is filed.

SB219    INSPECT PROGRAM REPORTING AND REVIEW. (HOUCHIN E) Requires the medical director of the law enforcement agency or an emergency medical services agency supervising an emergency medical services provider to transmit certain information to the INSPECT program when an emergency medical services provider administers an overdose intervention drug to a patient. Removes lapsed provisions. Establishes the INSPECT peer review subcommittee.

SB221    INSPECT PROGRAM. (HOUCHIN E) Allows a dispenser of ephedrine, pseudoephedrine, or a controlled substance to transmit certain information to the INSPECT program by any electronic method that meets specifications prescribed by the state board of pharmacy (board). Provides that, to the extent considered appropriate by the board, the INSPECT data base must be interoperable with other similar registries operated by federal and state governments. Requires the following practitioners to obtain information about a patient from the data base before prescribing an opioid or benzodiazepine to the patient: (1) A practitioner who has had the information from the data base integrated into the patient's electronic health records. (2) Beginning January 1, 2019, a practitioner who provides services to the patient in the emergency department of a hospital or a pain management clinic. (3) Beginning January 1, 2020, a practitioner who provides services to the patient in a hospital. (4) Beginning January 1, 2021, all practitioners. Removes lapsed provisions. Provides that beginning January 1, 2019, a practitioner who is permitted to distribute, dispense, prescribe, conduct research with respect to, or administer ephedrine, pseudoephedrine, or a controlled substance in the course of the practitioner's professional practice or research must be certified to receive information from the INSPECT program.

SB225    CONTINUING EDUCATION REQUIREMENTS. (HEAD R) Establishes continuing education requirements for licensed health care practitioners who apply for a controlled substances registration. Provides that the continuing education requirements expire July 1, 2025.

SB226    NOTICE OF INTENT TO RELOCATE. (HEAD R) Requires that an individual relocating with a child provide notice to each nonrelocating individual who has, or has filed an action seeking, custody, parenting time, or visitation (nonrelocating individual) not later than 45 days before the intended moving date. (Current law requires notice not later than 90 days before the intended moving date.) Provides that a nonrelocating individual may file an objection to the relocation of the child not later than 30 days after receipt of notice. (Current law requires an objection to be filed not later than 60 days after receipt of notice.)

SB233    FOSTER PARENT BILL OF RIGHTS. (FORD J) Requires the department of child services (department), in collaboration with: (1) current foster parents; (2) child placing agencies; and (3) other individuals and organizations with expertise in foster care services; to develop and update a statement of the rights of a foster parent. Requires that the statement of the rights of a foster parent summarize the rights and responsibilities of a foster parent. Requires the department to distribute and publish on the department's Internet web site the statement of the rights of a foster parent.

SB293    NALOXONE. (YOUNG M) Provides that probable cause to issue a warrant for a blood test exists if: (1) a person is revived after administration of an overdose intervention drug; and (2) certain other conditions are met. Specifies that a person revived by means of an overdose intervention drug and who meets certain other qualifications: (1) has the right to pretrial diversion and participation in an addiction treatment program; and (2) shall be issued a summons instead of being arrested (if there is no probable cause to believe that the person has committed an offense other than possession of a controlled substance or controlled substance paraphernalia). Specifies that a person who abuses a controlled substance: (1) commits a Class A misdemeanor; (2) has the right to receive a summons instead of arrest for the offense; and (3) has the right to participate in a treatment program without being charged with the offense. Provides that the court shall order all documents relating to the person's case and treatment to be sealed.

SB335    PRESCRIBING OF CONTROLLED SUBSTANCE. (GROOMS R) Requires that a controlled substance prescription be issued electronically after June 30, 2019, and establishes a Class B infraction for a prescriber who fails to comply. Requires a prescriber to obtain three hours of continuing education every two years on the prescribing of opioid medication in order to continue issuing prescriptions for opioid medication and establishes a Class B infraction for failure to comply. Requires the medical licensing board of Indiana to study and determine, before November 1, 2018, whether a waiver is necessary for the electronic prescription requirement and to report back to the general assembly. Sets forth requirements for the report.

SB337    CONTROLLED SUBSTANCES. (MERRITT J) Provides that a person who deals carfentanil or fentanyl commits a Level 2 felony. Provides that a person who deals carfentanil or fentanyl that results in the user's death commits murder.

SB338    DRUG TAKE BACK PROGRAM AND DRUG MANUFACTURERS. (MERRITT J) Transfers the powers of administering a drug take back program from the Indiana board of pharmacy to the state department of health (state department). Requires the state department to implement a drug take back program (program) and sets forth requirements. Requires a pharmaceutical manufacturer to: (1) operate a program individually or jointly with another pharmaceutical manufacturer; (2) enter into an agreement with another entity to act as the pharmaceutical manufacturer's agent and operate a program; or (3) operate an alternative plan to assist in funding programs. Sets forth requirements of a program. Requires an operator of a program to file an annual report and sets forth requirements of the report. Establishes the drug take back fund.

SB339    CONTROLLED SUBSTANCE DISPENSING. (MERRITT J) Requires a pharmacy and pharmacist to sell or dispense a controlled drug in schedule II (controlled drug) in a lockable vial and bill the controlled drug manufacturer for the cost of the lockable vial. Prohibits billing the patient for the cost of the lockable vial. Provides for immunity from liability for a pharmacy, pharmacy personnel, and pharmacist in certain circumstances.

SB398    OFFICE BASED OPIOID TREATMENT PROGRAMS. (HOUCHIN E) Establishes requirements for office based opioid treatment program providers in order to operate in Indiana. Requires the division of mental health and addiction (division) to: (1) oversee the office based opioid treatment programs; and (2) establish a central registry containing specified information concerning patients of office based opioid treatment programs. Allows a city, town, or county to adopt an ordinance or a township to adopt a resolution that: (1) establishes reporting requirements for office based opioid treatment programs that are more stringent or detailed than the statute; or (2) bans, after January 1, 2018, the establishment of an office based opioid treatment program.


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