Interest Groups

Bill Watch, Jan. 24, 2020: Current Litigation Legislation of Note - Litigation News

Get the news you want the way you want it: click the RSS button in the right corner to add this feed to your RSS reader, or click here to subscribe to this content. By subscribing, you’ll find this news on your Member Account page, and the latest articles will be emailed to you in your customized IndyBar E-Bulletin e-newsletter.

Litigation News


Posted on: Jan 28, 2020

The IndyBar Legislative Committee is currently monitoring the following litigation 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.

HB1022    LEGISLATIVE NOTARIES. (TORR J) Makes stylistic and technical changes to the statute that confers notarial powers on members of the general assembly, the principal clerk of the house of representatives, and the principal secretary of the senate. Provides that the power of a legislative notary expires: (1) on the date the current term of office of the individual expires, if the individual is a member of the general assembly; or (2) on the date the term of the current general assembly expires, if the individual is the principal clerk of the house of representatives or the principal secretary of the senate. (Current law does not state when the power of a legislative notary expires.) Provides that a legislative notary must indicate on a document that the legislative notary signs the date the legislative notary's power expires. (Under current law, a legislative notary who is a member of the general assembly must indicate on the document when the individual was elected to the general assembly. The law does not currently impose such a requirement on the principal clerk of the house of representatives or the principal secretary of the senate.)

HB1117    EMINENT DOMAIN. (SHACKLEFORD R) Allows a business owner, including a lessee, that operates a business located on property subject to an eminent domain action to seek business damages. Provides for the assessment of business damages in an eminent domain matter. Expands the right to an award of attorney's fees in an eminent domain matter.

HB1176    FIRST STEPS PROGRAM. (CLERE E) Provides that a health plan may not require prior authorization for services specified in the covered individual's individualized family service plan. Adds habilitative services to the services that are required under the definition of "early intervention services" in the infants and toddlers with disabilities program. Provides that a member of the interagency coordinating council (council) shall continue to serve until a successor is appointed. Removes the authority of the governor to designate the chairperson of the council or to call a meeting of the council. Requires the council to annually elect a chairperson and vice chairperson. Provides that, except for members of the general assembly, per diem and travel expenses for council members are governed by the policies and procedures established by the Indiana department of administration and approved by the budget agency. Establishes requirements before the division of disability and rehabilitative services may make a change to the cost participation schedule. Establishes a method to determine a service provider's reimbursement for providing early intervention services using Current Procedural Terminology (CPT) code rates. Requires a health plan information card to indicate the type of health plan that is providing the health benefits and services.

HB1196 CHILD CUSTODY AND PARENTING TIME. (JUDY C) Provides that if a court in a paternity or child custody proceeding does not award joint legal custody or joint physical custody of a child, the court shall enter findings of fact and conclusions of law citing clear and convincing evidence that awarding joint legal custody or joint physical custody is unreasonable and not in the best interest of the child. Provides for a court in a proceeding to modify custody to consider any substantial changes in the facts underlying a previous court decision not to award joint legal custody or joint physical custody. Provides that in allocating parenting time, there is a rebuttable presumption that it is in the best interests of the child for parenting time to be allocated equally or nearly equally between the child's custodial parent and the child's noncustodial parent. Provides that a finding by the court that a history of child abuse or neglect exists with respect to the child is sufficient to rebut the presumption.
 
HB1242 PARENTS WITH A DISABILITY. (PORTER G) Specifies that it is the policy of the state to recognize the importance of family and children, including the parenting rights of a parent, regardless of whether the parent has a disability. Provides that the right of a person with a disability to parent the person's child may not be denied or restricted solely because the person has a disability. Establishes procedures to be used in proceedings concerning: (1) custody; (2) parenting time; (3) adoption; (4) foster care; and (5) guardianship; when a parent, prospective parent, prospective foster parent, or prospective guardian is a person with a disability. Requires the department of child services to implement disability awareness training. Provides for the expungement of information relating to the unlawful removal of a child from the home of a person with a disability. Makes conforming amendments.
 
HB1278 GRANDPARENT VISITATION. (BAUER B) Amends statutes regarding: (1) standing to seek grandparent visitation; and (2) survival of judicially granted grandparent visitation rights; to specify that standing to seek visitation survives adoption of the grandchild. Provides that a paternal grandparent of a child does not have standing to seek grandparent visitation if the child's father has not established paternity in relation to the child. (Under current law, such a grandparent has standing to seek grandparent visitation, but may not be awarded grandparent visitation.) Removes a requirement that a petition to seek grandparent visitation must be filed before the adoption of the child. Provides conditions under which standing to seek grandparent visitation survives: (1) establishment of the paternity of the child; and (2) the adoption of the child by certain family members. Provides that grandparent visitation awarded before adoption of the child by certain family members does not survive the adoption if neither of the child's parents has parental rights at the time of the adoption.
 
HB1314 PHYSICAL CUSTODY AND PARENTING TIME. (VANNATTER H) 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.
 
HB1323 GRANDPARENT AND GREAT-GRANDPARENT RIGHTS. (BORDERS B) Allows great-grandparents to seek visitation rights with their great-grandchildren in certain circumstances. Provides that a grandparent or great-grandparent may seek visitation with a child if the parent or guardian of the child refuses to allow or restricts visitation by the grandparent or great-grandparent. Establishes factors the court may consider in determining whether granting visitation rights to a grandparent or great-grandparent is in the best interests of the child.
 
HB1423 SERVICE ANIMAL EXCLUSION FROM MARITAL PROPERTY. (WRIGHT M) Provides that a service animal is excluded from a court's or family law arbitrator's division of property in an action for dissolution of marriage.

SB238    VARIOUS HUMAN SERVICES MATTERS. (BROWN L) Removes obsolete references to Larue D. Carter Memorial Hospital. Amends the definition of "early intervention services" to include additional services and qualified personnel for purposes of the infants and toddlers with disabilities program. Requires child care ministries to have at least one individual who maintains a CPR certification present at all times that a child is in the care of the child care ministry and requires employees and volunteers who are caregivers to maintain current first aid certification.

SB312 PARENTS WITH A DISABILITY. (NIEZGODSKI D) Specifies that it is the policy of the state to recognize the importance of family and children, including the parenting rights of a parent, regardless of whether the parent has a disability. Provides that the right of a person with a disability to parent the person's child may not be denied or restricted solely because the person has a disability. Establishes procedures to be used in proceedings concerning: (1) custody; (2) parenting time; (3) adoption; (4) foster care; and (5) guardianship; when a parent, prospective parent, prospective foster parent, or prospective guardian is a person with a disability. Requires the department of child services to implement disability awareness training. Provides for the expungement of information relating to the unlawful removal of a child from the home of a person with a disability. Makes conforming amendments.
 
SB340 PRIVATE PROPERTY PROTECTION MATTERS. (SPARTZ V) Requires the summons accompanying a complaint for condemnation to include language regarding the defendants' right to object to the condemnation within 30 days from the date notice is served. Requires a court to award reasonable costs and attorney's fees to a defendant whose objection to a complaint for condemnation is sustained. Requires a municipality to provide notice by mail to affected owners, both residents and nonresidents of the municipality, of a condemnation. Permits an affected owner to file an objection that a municipality does not have the right to exercise the power of eminent domain for the use sought. Amends the time for a remonstrance hearing for a municipal condemnation and the defendant's right to judicial review of the decision made at the hearing to 30 days. (Current law requires a remonstrance hearing to be set later than 10 days after notice and the defendant to appeal the decision within 20 days.) Provides parties the right to appeal a court's judgment in the judicial review of a municipal condemnation. Amends the statute regarding the award of attorney's fees to the defendant in a municipal condemnation proceeding. Revises the statute allowing a municipality to condemn property for economic development to require a 3/4 affirmative vote of the municipality's legislative body to exercise the power of eminent domain. (Current law requires a 2/3 affirmative vote of the municipality's legislative body.) Allows a property owner to challenge a condemnation for economic development purposes by providing clear and convincing evidence that the owner's parcel is not necessary for the project.
 
SB348 GRANDPARENT VISITATION. (HOUCHIN E) Provides that an individual is a grandparent for purposes of the grandparent visitation statute if the individual is, or was at any time, the: (1) parent of a parent of the child; (2) adoptive parent of a parent of the child; or (3) parent of an adoptive parent of the child. Provides that a paternal grandparent of a child does not have standing to seek grandparent visitation if the child's father has not established paternity in relation to the child. (Under current law, such a grandparent has standing to seek grandparent visitation, but may not be awarded grandparent visitation.) Provides that in determining whether grandparent visitation is in the best interests of a child, the court may consider whether the child's parent has prevented the grandparent from having meaningful contact with the child due to estrangement of the relationship between the parent and the grandparent. Removes a requirement that a petition to seek grandparent visitation must be filed before the adoption of the child. Provides that a court may modify an order granting or denying grandparent visitation only if modification would serve the best interests of the child. Provides conditions under which standing to seek grandparent visitation survives: (1) establishment of the paternity of the child; and (2) the adoption of the child by certain family members. Provides that grandparent visitation awarded before adoption of the child by certain family members does not survive the adoption if neither of the child's parents has parental rights at the time of the adoption. Removes the requirement that a grandparent must be notified of a grandchild's pending adoption by a family member. Makes conforming amendments.

DID YOU KNOW?

Indianapolis Bar Association (IndyBar) est. 1878 | 4,536 Members (as of 2.11.21)