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Bill Watch, Feb. 6, 2018: Current Family Law Legislation of Note - Family Law News

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Family Law News


Posted on: Feb 6, 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 lawren.mills@icemiller.com.

Click here to view the full Bill Watch reports.

HB1006    BROADENING CRIMINAL JUSTICE TREATMENT OPTIONS. (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    EXPANDING MENTAL HEALTH ACCESS. (KIRCHHOFER C) Requires the office of Medicaid policy and planning to implement a centralized credentials verification organization and credentialing process. 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. Provides that mental health and addiction forensic treatment services may be administered or coordinated only by a provider certified by the division of mental health and addiction or licensed by the Indiana professional licensing agency to provide mental health and addiction treatment. (Under current law, a provider may provide services only if the provider is certified or licensed by the division of mental health and addiction.) Provides for temporary permits to certain individuals who are pursuing required clinical supervisory hours needed for licensure. Provides that the temporary permits are not renewable. Requires certain policies of accident and sickness insurance to provide coverage for substance abuse or chemical dependency treatment provided by an addiction counselor. Requires: (1) an accident and sickness insurer; and (2) 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. Urges the legislative council to assign to an appropriate interim study committee the task of studying the impact that opioid treatment programs have on the neighborhoods and communities in the immediate area of the opioid treatment programs.

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.

HB1091    INFORMATION FOR PROSPECTIVE ADOPTIVE PARENT. (BURTON W) Requires the licensed child placing agency or local office that will conduct an inspection and submit a report to the court concerning a petition to adopt a child to provide and explain to a child's current foster parent and prospective adoptive parent a document containing contact information for individuals employed by the licensed child placing agency or local office in a supervisory capacity.

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.

SB13    ADMINISTRATION OF OVERDOSE INTERVENTION DRUGS. (GLICK S) Provides that community corrections officers and probation officers may administer an overdose intervention drug. Requires community corrections officers and probation officers to report the use of an overdose intervention drug to the emergency ambulance service responsible for reporting the use to the Indiana emergency medical services commission. Requires that persons permitted to administer an overdose intervention drug must receive education and training on drug overdose response and treatment, including the administration of an overdose intervention drug before the person may administer an overdose intervention drug. Provides civil immunity to community correction officers and probation officers who administer an overdose intervention drug. Provides civil immunity to a person who has an agency relationship with a community correction officer or probation officer who administers an overdose intervention drug. Makes conforming amendments.

SB51    EXPUNGEMENT OF ADDICTION RELATED CONVICTIONS. (LONG D) Establishes a procedure to permit a person: (1) with an addiction disorder related conviction; and (2) who has completed a high intensity residential treatment program; to expunge the person's addiction disorder related conviction.

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.

SB428    DEPARTMENT OF CHILD SERVICES. (ZAY A) Provides that if the department of child services (department) or a caseworker holds a conference for purposes of preparing a predispositional report regarding a child in need of services, the conference must include a representative of the child's school. Requires the department to provide information to the local law enforcement agency if the department receives information that indicates that a parent, guardian, or custodian may have committed a criminal offense. Requires the department to coordinate with school officials in developing the child's case plan.

SB431    BATTERY AGAINST A BAILIFF OR SPECIAL DEPUTY. (KOCH E) Adds a bailiff of any court and a special deputy to the definition of "public safety official" for purposes of the battery statute.

SCR14    ENCOURAGING PHYSICAL THERAPISTS IN INDIANA TO DO THEIR PART IN CREATING PUBLIC AWARENESS OF PHYSICAL THERAPY'S ROLE IN REDUCING THE OPIOID EPIDEMIC AND THE TREATMENT OF CHRONIC PAIN. (MERRITT J) A CONCURRENT RESOLUTION encouraging physical therapists practicing in the state of Indiana to do their part in creating public awareness of physical therapy's role in reducing the opioid epidemic and the treatment of chronic pain.

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