LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
200 W. Washington, Suite 301
Indianapolis, IN 46204
(317) 233-0696
iga.in.gov
FISCAL IMPACT STATEMENT
LS 7171 NOTE PREPARED: Jan 10, 2022
BILL NUMBER: HB 1210 BILL AMENDED:
SUBJECT: Child Placement and Permanency.
FIRST AUTHOR: Rep. Lauer BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
DEDICATED
XFEDERAL
Summary of Legislation: Summary of Legislation: Juvenile Court: The bill provides that a juvenile court
in a child in need of services (CHINS) proceeding:
(1) may extend the time to complete the required factfinding hearing:
(A) for good cause shown; and
(B) if the court determines that the extension is in the child's best interests;
(2) may (rather than shall, under current law) dismiss a CHINS case without prejudice if the
factfinding hearing is not held before the statutorily required deadline;
(3) may not enter a dispositional decree approving or ordering placement of a child in
another home if an:
(A) individual who resides in the home; or
(B) individual with whom a person residing in the home is engaged in a
dating relationship or other ongoing, nonfamilial relationship (household
member);
has committed one or more specified offenses; and
(4) may not approve a permanency plan under which the child would be placed:
(A) with the child's parent, guardian, or custodian; or
(B) with an adoptive parent;
if a person who is currently residing in the home in which the child would
reside has committed an act resulting in a substantiated report of child
abuse or neglect or has committed one or more specified offenses.
Department of Child Services: It provides that before reunifying a child with the child's parent, guardian, or
custodian, the Department of Child Services (DCS) shall (rather than may, under current law):
HB 1210 1 (1) conduct a criminal history check of:
(A) the parent, guardian, or custodian; and
(B) a household member of the parent, guardian, or custodian; and
(2) consider the results of the criminal history check in deciding whether it is safe for the
child to return home.
Conditional Reunification: The bill also provides that if the circumstances that prompted the removal of a
child from the home of the child's parent, guardian, or custodian included danger to the child's physical or
mental health or safety related to the use of alcohol or a controlled substance by the parent, guardian, or
custodian, or by a household member of the parent, guardian, or custodian, the DCS may require as a
condition of reunification of the child with the parent, guardian, or custodian that the parent, guardian,
custodian, or household member:
(1) successfully complete a substance abuse treatment program; and
(2) submit to periodic, random testing for alcohol or controlled substances.
It amends and adds to the conditions under which reasonable efforts to reunify a child with the child's parent,
guardian, or custodian, or preserve a child's family, are not required.
Termination of Parent-Child Relationship: It provides that if a hearing regarding a petition to terminate the
parent-child relationship is not held before the statutorily required deadline:
(1) upon filing of a motion with the court by a party to the proceeding; and
(2) absent good cause shown for the failure to hold the hearing before the statutorily
required deadline;
the court shall dismiss the petition without prejudice.
Effective Date: July 1, 2022.
Explanation of State Expenditures: The bill will increase the DCS workload with additional household
members to screen. Also the bill’s provisions may increase caseload to the extent that reunification is slowed
or halted by other household members, and showing good cause or the discretion of the court may continue
cases that otherwise would have closed.
Substance Use Treatment: The DCS, DCS contractors, or Indiana Medicaid may incur additional substance
use treatment costs, although the bill does not specify who is to pay for the treatment, and the person
requiring substance use treatment is not part of the dispositional decree.
Additional Information - After a CHINS determination is made, the court issues a dispostional decree with
the services required to attempt returning the child to the home. Usually, a child is out of the home between
15 to 22 months, and once a parent appears to be doing well in ameliorating their situation, reunification will
be considered. Depending on a parent’s situation and the services order, the DCS or its contracted providers
may provide services. If a parent is a Medicaid recipient, Medicaid may pay for those services.
Explanation of State Revenues: Receipt of federal Title IV-E funding for foster care is based, in part, on
the state making reasonable efforts to return children to families. If the provisions of the bill delay or deny
reunification, the state could be out of compliance and have a reduction in federal funding.
Explanation of Local Expenditures: Juvenile Court: The bill could potentially increase the workload of
the juvenile court to the extent judicial proceedings are delayed or extended beyond current court time.
HB 1210 2 Explanation of Local Revenues:
State Agencies Affected: Department of Child Services.
Local Agencies Affected: Juvenile Courts.
Information Sources:
Fiscal Analyst: Karen Rossen, 317-234-2106; Corrin Harvey, 317-234-9438.
HB 1210 3