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Bill Watch, Jan. 15, 2019: Current Family Law Legislation of Note - Family Law News

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Family Law News


Posted on: Jan 15, 2019

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 mindy.westrick@faegrebd.com.

Click here to view the full Bill Watch reports.

HB1006    DEPARTMENT OF CHILD SERVICES. (STEUERWALD G) Provides that an older youth who received foster care is eligible to receive collaborative care services until the individual becomes 21 years of age. Provides that the caseload of a family case manager may not be more than: (1) 12 active cases relating to initial assessments; (2) 12 families in active cases relating to ongoing in-home services; or (3) 13 children in active cases relating to ongoing services who are in out-of-home placements. Requires the department of child services (department) to initiate an assessment immediately, but not later than two hours (rather than one hour, under current law), after receiving a report of child abuse or neglect if the department believes the child is in immediate danger of serious bodily harm. Requires the department to provide a report concerning an assessment or investigation of a report of suspected child abuse or neglect not later than 45 days after the department initiates the assessment if the report of suspected child abuse or neglect was received from certain entities. Provides that a child is a child in need of services if the child's parent, guardian, or custodian has failed to supply the child with necessary food, clothing, shelter, medical care, education, or supervision: (1) when the parent, guardian, or custodian is financially able to do so; or (2) due to the failure, refusal, or inability of the parent, guardian, or custodian to seek financial or other reasonable means to do so. (Current code does not consider financial ability.)

HB1013    ADMISSIBILITY OF COVERAGE LIMITS. (TORR J) Prohibits admission of uninsured and underinsured motorist insurance coverage limits in a breach of contract action concerning uninsured or underinsured motorist benefits.

HB1014    UNAUTHORIZED ADOPTION ADVERTISING. (TORR J) Provides that the law concerning unauthorized adoption advertising does not apply to: (1) a federal agency; (2) the Indiana department of child services; (3) an attorney licensed to practice law in Indiana; (4) a child placing agency licensed under the laws of Indiana; and (5) a person seeking to adopt a child on the person's own behalf. (Current law provides that: (1) only a person that is an attorney licensed to practice law in Indiana and a child placing agency licensed under the laws of Indiana may place an advertisement concerning adoption; and (2) the law concerning unauthorized adoption advertising may not be enforced against a federal agency or the Indiana department of child services.) Removes a provision that requires an attorney licensed to practice law in Indiana and a child placing agency licensed under the laws of Indiana to include certain information in an advertisement regarding adoption. Makes corresponding changes.

HB1017    CIVIL AND CRIMINAL IMMUNITY. (FRYE R) Provides that a civilian who, in good faith, takes an action to prevent serious bodily injury to or to prevent a forcible felony against a law enforcement officer who is engaged in the execution of the law enforcement officer's duties is immune from civil and criminal liability, unless the civilian's acts or omissions amount to gross negligence or willful or wanton misconduct. Provides that the governmental entity that employed the law enforcement officer must indemnify the civilian against any cause of action that may arise out of the civilian's assistance to the law enforcement officer.

HB1049    SURRENDER OF FIREARMS FOR DOMESTIC VIOLENCE CRIMES. (JACKSON C) Provides that a person who: (1) has been convicted of a crime of domestic violence; and (2) knowingly or intentionally possesses a firearm; commits possession of a firearm by a domestic batterer, a Class A misdemeanor. Provides certain defenses. Requires a court to issue an order, upon entry of a judgment of conviction for a crime of domestic battery or a crime of domestic violence, that: (1) prohibits ownership or possession of a firearm until the defendant's right to possess a firearm is restored; and (2) requires the defendant to surrender: (A) any firearm owned or possessed by the defendant; and (B) any valid license or permit to carry a handgun (license); to a law enforcement agency or law enforcement officer with jurisdiction over the area where the defendant's offense occurred, where the defendant resides, or where the defendant plans to reside. Requires a court to order an appropriate law enforcement agency or law enforcement officer to seize, within 72 hours, any firearm or license owned or possessed by a defendant convicted of domestic battery or a crime of domestic violence. Provides that a person who knowingly or intentionally fails to surrender: (1) all firearms owned or possessed by the person; or (2) any valid license or permit to carry a handgun possessed by the person; after being convicted of domestic battery or a crime of domestic violence commits unlawful retention of a firearm or license by a domestic batterer, a Class A misdemeanor. Enhances the offense to a Level 6 felony if the person has a prior unrelated conviction for the offense. Provides certain defenses. Specifies how a confiscated firearm or license shall be: (1) returned to the rightful owner; or (2) disposed of; if a defendant's right to possess a firearm is restored. Defines certain terms. Makes conforming amendments.

HB1142    INFANT MORTALITY COLLABORATIVE. (SHACKLEFORD R) Establishes the infant mortality reduction collaborative (collaborative) to be staffed by the state department of health. Sets forth duties of the collaborative.

HB1146    REPORTING OF DOMESTIC VIOLENCE CONVICTIONS TO NICS. (DELANEY E) Requires a court to provide certain information to the office of judicial administration for transmission to the National Instant Criminal Background Check System (NICS) data base upon entering a judgment of conviction for domestic battery.

HB1167    CHILDREN IN NEED OF SERVICES. (MAHAN K) Requires a court to: (1) provide that a foster parent or other caretaker with whom the child has been placed for temporary care has standing; and (2) allow a foster parent or other caretaker with whom the child has been placed for temporary care to present evidence to the court and make recommendations; at a detention hearing. Requires a court to: (1) provide that a foster parent or other caretaker with whom the child has been placed for temporary care has standing to appeal a decision by the court; and (2) allow a foster parent or other caretaker with whom the child has been placed for temporary care to be heard, present evidence, and make recommendations to the court; at a dispositional hearing. Requires a court to grant a petition to intervene filed in a child in need of services proceeding by a foster parent, long term foster parent, or a person who has been a foster parent of the child who is the subject of the proceeding if the petitioner has also filed: (1) a petition to adopt; or (2) a petition to terminate the parent-child relationship; concerning the child who is the subject of the child in need of services proceeding. Provides that if: (1) a child has been removed from a parent and has been under the supervision of the department of child services (department) for 15 of the most recent 22 months; and (2) a petition to terminate the parent-child relationship has not been filed; the court shall order the department to file a petition to terminate the parent-child relationship within 15 days of the order. Provides that failure to obey the court order is punishable as contempt of court.

HB1168    CHILD PLACEMENT. (MAHAN K) Provides that the department of child services (department) may place a child alleged to be a child in need of services with a relative or de facto custodian if the placement is in the best interests of the child.

SB87    PHYSICAL CUSTODY AND PARENTING TIME. (FORD J) Adds a rebuttable presumption in child custody proceedings that: (1) joint physical custody is in the best interests of the child; and (2) equal parenting time is in the best interests of the child. Provides that the default joint physical custody or parenting time schedule is to alternate weekly physical custody of the child, unless the parents submit an alternative schedule that is approved by the court.

SB106    GRANDPARENT AND GREAT-GRANDPARENT VISITATION. (RANDOLPH L) Allows great-grandparents to seek visitation rights with their great-grandchildren in certain circumstances. Allows a grandparent or great-grandparent to seek visitation if the grandparent or great-grandparent has had meaningful contact with the child but, as a result of an estrangement between the parent of the child and the grandparent or great-grandparent, the parent of the child terminated the child's visits with the grandparent or great-grandparent. Establishes factors for the court to consider in determining whether granting a grandparent or great-grandparent visitation rights is in the best interests of the child. Provides that a court may order a party to an action for grandparent or great-grandparent visitation to pay a reasonable amount for the cost to the other party of maintaining or defending the action, including costs for attorney's fees and mediation. Specifies that certain agencies are not required to pay costs. Makes conforming changes.

SB113    PRODUCT LIABILITY ACTIONS. (TORR J) Specifies causes of action that may constitute a product liability action. Repeals provisions pertaining to product liability actions that are based on: (1) property damage resulting from asbestos; and (2) personal injury, disability, disease, or death resulting from exposure to asbestos.

SB151    FOSTER PARENT INTERVENTION IN CHINS PROCEEDING. (RANDOLPH L) Requires the court conducting a periodic case review of a child in need of services to grant a petition to intervene in the proceeding filed by a foster parent, long term foster parent, or former foster parent of the child if: (1) the foster parent, long term foster parent, or former foster parent has filed a petition to adopt the child; or (2) a petition has been filed to terminate the parent-child relationship of the child and the child's parents.

SB195    CUSTODY, PARENTING TIME, AND VISITATION PROCEEDINGS. (KRUSE D) Requires a court in a custody, parenting time, or visitation proceeding to: (1) determine the wishes of the child who is the subject of the proceeding by conducting an in chambers interview with the child; and (2) consider the wishes of the child in making the court's determination. Provides that a court shall appoint an available guardian ad litem or court appointed special advocate, or both, to represent the interests of a child in a custody or parenting time proceeding.

SB197    COPIES OF IDENTIFYING ADOPTION INFORMATION. (HEAD R) Provides that a person releasing identifying adoption information must, upon request by the individual requesting the identifying information, provide copies of the identifying information to the individual. Makes a correction regarding exceptions to the release of identifying information.

SB206    CHILD SUPPORT MODIFICATION. (YOUNG M) Defines, for purposes of child support modification, an order with respect to child support.

SB208    ELECTRONIC FILING AND NOTICE. (YOUNG M) Allows a person to use electronic filing or service instead of mailing in certain cases if electronic filing or service is authorized by rules adopted by the supreme court.

SB257    USE OF CREDIT INFORMATION IN INSURANCE. (TAYLOR G) Prohibits an insurer's use of credit information in underwriting or rating risks. Repeals obsolete provisions.

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