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Bill Watch, Feb. 13, 2018: Current Family Law Legislation of Note - Family Law News

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Family Law News

Posted on: Feb 13, 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    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.

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.

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.

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.

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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