Indiana 2022 Regular Session

Indiana House Bill HB1210 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1210
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 31-9-2-53.2; IC 31-34; IC 31-35-2-6.
7	7	Synopsis: Child placement and permanency. Provides that a juvenile
8	8	court in a child in need of services (CHINS) proceeding: (1) may
9	9	extend the time to complete the required factfinding hearing: (A) for
10	10	good cause shown; and (B) if the court determines that the extension
11	11	is in the child's best interests; (2) may (rather than shall, under current
12	12	law) dismiss a CHINS case without prejudice if the factfinding hearing
13	13	is not held before the statutorily required deadline; (3) may not enter a
14	14	dispositional decree approving or ordering placement of a child in
15	15	another home if an: (A) individual who resides in the home; or (B)
16	16	individual with whom a person residing in the home is engaged in a
17	17	dating relationship or other ongoing, nonfamilial relationship
18	18	(household member); has committed one or more specified offenses;
19	19	and (4) may not approve a permanency plan under which the child
20	20	would be placed: (A) with the child's parent, guardian, or custodian; or
21	21	(B) with an adoptive parent; if a person who is currently residing in the
22	22	home in which the child would reside has committed an act resulting
23	23	in a substantiated report of child abuse or neglect or has committed one
24	24	or more specified offenses. Provides that before reunifying a child with
25	25	the child's parent, guardian, or custodian, the department of child
26	26	services (department) shall (rather than may, under current law): (1)
27	27	conduct a criminal history check of: (A) the parent, guardian, or
28	28	custodian; and (B) a household member of the parent, guardian, or
29	29	custodian; and (2) consider the results of the criminal history check in
30	30	deciding whether it is safe for the child to return home. Provides that
31	31	if the circumstances that prompted the removal of a child from the
32	32	home of the child's parent, guardian, or custodian included danger to
33	33	(Continued next page)
34	34	Effective: July 1, 2022.
35	35	Lauer
36	36	January 6, 2022, read first time and referred to Committee on Judiciary.
37	37	2022 IN 1210—LS 7171/DI 119 Digest Continued
38	38	the child's physical or mental health or safety related to the use of
39	39	alcohol or a controlled substance by the parent, guardian, or custodian,
40	40	or by a household member of the parent, guardian, or custodian, the
41	41	department may require as a condition of reunification of the child with
42	42	the parent, guardian, or custodian that the parent, guardian, custodian,
43	43	or household member: (1) successfully complete a substance abuse
44	44	treatment program; and (2) submit to periodic, random testing for
45	45	alcohol or controlled substances. Amends and adds to the conditions
46	46	under which reasonable efforts to reunify a child with the child's
47	47	parent, guardian, or custodian, or preserve a child's family, are not
48	48	required. Provides that if a hearing regarding a petition to terminate the
49	49	parent-child relationship is not held before the statutorily required
50	50	deadline: (1) upon filing of a motion with the court by a party to the
51	51	proceeding; and (2) absent good cause shown for the failure to hold the
52	52	hearing before the statutorily required deadline; the court shall dismiss
53	53	the petition without prejudice.
54	54	2022 IN 1210—LS 7171/DI 1192022 IN 1210—LS 7171/DI 119 Introduced
55	55	Second Regular Session of the 122nd General Assembly (2022)
56	56	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
57	57	Constitution) is being amended, the text of the existing provision will appear in this style type,
58	58	additions will appear in this style type, and deletions will appear in this style type.
59	59	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
60	60	provision adopted), the text of the new provision will appear in this style type. Also, the
61	61	word NEW will appear in that style type in the introductory clause of each SECTION that adds
62	62	a new provision to the Indiana Code or the Indiana Constitution.
63	63	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
64	64	between statutes enacted by the 2021 Regular Session of the General Assembly.
65	65	HOUSE BILL No. 1210
66	66	A BILL FOR AN ACT to amend the Indiana Code concerning
67	67	family law and juvenile law.
68	68	Be it enacted by the General Assembly of the State of Indiana:
69	69	1 SECTION 1. IC 31-9-2-53.2 IS ADDED TO THE INDIANA CODE
70	70	2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
71	71	3 1, 2022]: Sec. 53.2. "Household member" means, with respect to a
72	72	4 person, any of the following:
73	73	5 (1) An individual who resides in the person's home.
74	74	6 (2) An individual with whom the person is engaged in a dating
75	75	7 relationship or other ongoing, nonfamilial relationship.
76	76	8 SECTION 2. IC 31-34-11-1, AS AMENDED BY P.L.48-2012,
77	77	9 SECTION 59, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
78	78	10 JULY 1, 2022]: Sec. 1. (a) Except as provided in subsection (b), unless
79	79	11 the allegations of a petition have been admitted, the juvenile court shall
80	80	12 complete a factfinding hearing not more than sixty (60) days after a
81	81	13 petition alleging that a child is a child in need of services is filed in
82	82	14 accordance with IC 31-34-9.
83	83	15 (b) The juvenile court may extend the time to complete a factfinding
84	84	2022 IN 1210—LS 7171/DI 119 2
85	85	1 hearing, as described in subsection (a): for an additional sixty (60) days
86	86	2 if all parties in the action consent to the additional time.
87	87	3 (1) for good cause shown; and
88	88	4 (2) if the court determines that the extension is in the child's
89	89	5 best interests.
90	90	6 (c) If the factfinding hearing is not held immediately after the initial
91	91	7 hearing as provided under IC 31-34-10-9, the department shall provide
92	92	8 notice of any factfinding hearing to each foster parent or other
93	93	9 caretaker with whom the child has been placed for temporary care. The
94	94	10 court shall provide a person who is required to be notified under this
95	95	11 subsection an opportunity to be heard at the factfinding hearing.
96	96	12 (d) If the factfinding hearing is not held within the time set forth in
97	97	13 subsection (a) or (b), upon a motion with the court, the court shall may
98	98	14 dismiss the case without prejudice.
99	99	15 SECTION 3. IC 31-34-20-1.5, AS AMENDED BY P.L.142-2020,
100	100	16 SECTION 44, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
101	101	17 JULY 1, 2022]: Sec. 1.5. (a) Except as provided in subsection (d), the
102	102	18 juvenile court may not enter a dispositional decree approving or
103	103	19 ordering placement of a child in another home under section 1(a)(3) of
104	104	20 this chapter or awarding wardship to the department that will place the
105	105	21 child in another home under section 1(a)(4) of this chapter if:
106	106	22 (1) a person who is currently residing in the home in which the
107	107	23 child would be placed under section 1(a)(3) or 1(a)(4) of this
108	108	24 chapter; or
109	109	25 (2) a household member of a person described in subdivision
110	110	26 (1);
111	111	27 has committed an act resulting in a substantiated report of child abuse
112	112	28 or neglect, has a juvenile adjudication for an act that would be a
113	113	29 nonwaivable offense, as defined in IC 31-9-2-84.8 if committed by an
114	114	30 adult, or has a conviction for a nonwaivable offense, as defined in
115	115	31 IC 31-9-2-84.8.
116	116	32 (b) The department or caseworker who prepared the predispositional
117	117	33 report shall conduct a criminal history check (as defined in
118	118	34 IC 31-9-2-22.5) to determine if a person described in subsection (a) has
119	119	35 committed an act resulting in a substantiated report of child abuse or
120	120	36 neglect, has a juvenile adjudication for an act that would be a
121	121	37 nonwaivable offense, as defined in IC 31-9-2-84.8 if committed by an
122	122	38 adult, or has a conviction for a nonwaivable offense, as defined in
123	123	39 IC 31-9-2-84.8. However, the department or caseworker is not required
124	124	40 to conduct a criminal history check under this section if criminal
125	125	41 history information under IC 31-34-4-2 or IC 31-34-18-6.1 establishes
126	126	42 whether a person described in subsection (a) has committed an act
127	127	2022 IN 1210—LS 7171/DI 119 3
128	128	1 resulting in a substantiated report of child abuse or neglect, has a
129	129	2 juvenile adjudication for an act that would be a nonwaivable offense,
130	130	3 as defined in IC 31-9-2-84.8 if committed by an adult, or has a
131	131	4 conviction for a nonwaivable offense, as defined in IC 31-9-2-84.8.
132	132	5 (c) The department or caseworker is not required to conduct a
133	133	6 criminal history check under this section if:
134	134	7 (1) the department or caseworker is considering only an
135	135	8 out-of-home placement to an entity or a facility that:
136	136	9 (A) is not a residence (as defined in IC 3-5-2-42.5); or
137	137	10 (B) is licensed by the state; or
138	138	11 (2) placement under this section is undetermined at the time the
139	139	12 predispositional report is prepared.
140	140	13 (d) A juvenile court may enter a dispositional decree that approves
141	141	14 placement of a child in another home or award wardship to the
142	142	15 department that will place the child in a home with a person described
143	143	16 in subsection (a) if:
144	144	17 (1) the person described in subsection (a) has:
145	145	18 (A) committed an act resulting in a substantiated report of
146	146	19 child abuse or neglect;
147	147	20 (B) been convicted of:
148	148	21 (i) battery (IC 35-42-2-1);
149	149	22 (ii) criminal recklessness (IC 35-42-2-2) as a felony;
150	150	23 (iii) criminal confinement (IC 35-42-3-3) as a felony;
151	151	24 (iv) arson (IC 35-43-1-1) as a felony;
152	152	25 (v) nonsupport of a dependent child (IC 35-46-1-5);
153	153	26 (vi) operating a motorboat while intoxicated (IC 35-46-9-6)
154	154	27 as a felony;
155	155	28 (vii) a felony involving a weapon under IC 35-47;
156	156	29 (viii) a felony relating to controlled substances under
157	157	30 IC 35-48-4; or
158	158	31 (ix) a felony under IC 9-30-5;
159	159	32 if the conviction did not occur within the past five (5) years; or
160	160	33 (C) had a juvenile adjudication for a nonwaivable offense, as
161	161	34 defined in IC 31-9-2-84.8 that, if committed by an adult,
162	162	35 would be a felony; and
163	163	36 (2) the person's commission of the offense, delinquent act, or act
164	164	37 of abuse or neglect described in subdivision (1) is not relevant to
165	165	38 the person's present ability to care for a child, and placing a child
166	166	39 in another home or awarding wardship to the department is in the
167	167	40 best interest of the child.
168	168	41 However, a court may not enter a dispositional decree that approves
169	169	42 placement of a child in another home or awards wardship to the
170	170	2022 IN 1210—LS 7171/DI 119 4
171	171	1 department if the person has been convicted of a nonwaivable offense,
172	172	2 as defined in IC 31-9-2-84.8 that is not specifically excluded under
173	173	3 subdivision (1)(B).
174	174	4 (e) In considering the placement under subsection (d), the court
175	175	5 shall consider the following:
176	176	6 (1) The length of time since the person committed the offense,
177	177	7 delinquent act, or act that resulted in the substantiated report of
178	178	8 abuse or neglect.
179	179	9 (2) The severity of the offense, delinquent act, or abuse or neglect.
180	180	10 (3) Evidence of the person's rehabilitation, including the person's
181	181	11 cooperation with a treatment plan, if applicable.
182	182	12 SECTION 4. IC 31-34-21-5.5, AS AMENDED BY P.L.48-2012,
183	183	13 SECTION 64, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
184	184	14 JULY 1, 2022]: Sec. 5.5. (a) In determining the extent to which
185	185	15 reasonable efforts to reunify or preserve a family are appropriate under
186	186	16 this chapter, the child's health and safety are of paramount concern.
187	187	17 (b) Except as provided in section 5.6 of this chapter, the department
188	188	18 shall make reasonable efforts to preserve and reunify families as
189	189	19 follows:
190	190	20 (1) If a child has not been removed from the child's home, to
191	191	21 prevent or eliminate the need for removing the child from the
192	192	22 child's home.
193	193	23 (2) If a child has been removed from the child's home, to make it
194	194	24 possible for the child to return safely to the child's home as soon
195	195	25 as possible.
196	196	26 (c) The department may, shall, before reunification of the child with
197	197	27 a parent, guardian, or custodian, conduct a criminal history check (as
198	198	28 defined in IC 31-9-2-22.5) of:
199	199	29 (1) the child's:
200	200	30 (A) parent;
201	201	31 (B) guardian; or
202	202	32 (C) custodian; or and
203	203	33 (2) a household member of the:
204	204	34 (A) parent;
205	205	35 (B) guardian; or
206	206	36 (C) custodian.
207	207	37 (d) The department may use shall consider the results of a criminal
208	208	38 history check conducted under subsection (c) to decide in deciding
209	209	39 whether it is safe for the child to return home.
210	210	40 (e) If the circumstances that prompted the removal of the child
211	211	41 from the home of the child's parent, guardian, or custodian
212	212	42 included danger to the child's physical or mental health or safety
213	213	2022 IN 1210—LS 7171/DI 119 5
214	214	1 related to the use of alcohol or a controlled substance by the
215	215	2 parent, guardian, or custodian, or by a household member of the
216	216	3 parent, guardian, or custodian, the department may require as a
217	217	4 condition of reunification of the child with the parent, guardian, or
218	218	5 custodian that the parent, guardian, custodian, or household
219	219	6 member:
220	220	7 (1) successfully complete a substance abuse treatment
221	221	8 program; and
222	222	9 (2) submit to periodic, random testing for alcohol or
223	223	10 controlled substances.
224	224	11 SECTION 5. IC 31-34-21-5.6, AS AMENDED BY P.L.10-2019,
225	225	12 SECTION 125, IS AMENDED TO READ AS FOLLOWS
226	226	13 [EFFECTIVE JULY 1, 2022]: Sec. 5.6. (a) Except as provided in
227	227	14 subsection (c), a court may make a finding described in this section at
228	228	15 any phase of a child in need of services proceeding.
229	229	16 (b) Reasonable efforts to reunify a child with the child's parent,
230	230	17 guardian, or custodian or preserve a child's family as described in
231	231	18 section 5.5 of this chapter are not required if the court finds any of the
232	232	19 following:
233	233	20 (1) A parent, guardian, or custodian, or a household member of
234	234	21 a parent, guardian, or custodian, of a child who is a child in
235	235	22 need of services has been convicted of:
236	236	23 (A) an offense described in IC 31-35-3-4(1)(B) or
237	237	24 IC 31-35-3-4(1)(D) through IC 31-35-3-4(1)(J) against a
238	238	25 victim who is:
239	239	26 (i) a child described in IC 31-35-3-4(2); or
240	240	27 (ii) a parent of the child; or
241	241	28 (B) a comparable offense as described in clause (A) in any
242	242	29 other state, territory, or country by a court of competent
243	243	30 jurisdiction.
244	244	31 (2) A parent, guardian, or custodian, or a household member of
245	245	32 a parent, guardian, or custodian, of a child who is a child in
246	246	33 need of services:
247	247	34 (A) has been convicted of:
248	248	35 (i) the murder (IC 35-42-1-1) or voluntary manslaughter (IC
249	249	36 35-42-1-3) of a victim who is a child described in
250	250	37 IC 31-35-3-4(2)(B) or a parent of the child; or
251	251	38 (ii) a comparable offense described in item (i) in any other
252	252	39 state, territory, or country; or
253	253	40 (B) has been convicted of:
254	254	41 (i) aiding, inducing, or causing another person;
255	255	42 (ii) attempting; or
256	256	2022 IN 1210—LS 7171/DI 119 6
257	257	1 (iii) conspiring with another person;
258	258	2 to commit an offense described in clause (A).
259	259	3 (3) A parent, guardian, or custodian, or a household member of
260	260	4 a parent, guardian, or custodian, of a child who is a child in
261	261	5 need of services has been convicted of:
262	262	6 (A) battery as a Class A felony (for a crime committed before
263	263	7 July 1, 2014) or Level 2 felony (for a crime committed after
264	264	8 June 30, 2014);
265	265	9 (B) battery as a Class B felony (for a crime committed before
266	266	10 July 1, 2014) or Level 3 or Level 4 felony (for a crime
267	267	11 committed after June 30, 2014);
268	268	12 (C) battery as a Class C felony (for a crime committed before
269	269	13 July 1, 2014) or Level 5 felony (for a crime committed after
270	270	14 June 30, 2014);
271	271	15 (D) aggravated battery (IC 35-42-2-1.5);
272	272	16 (E) criminal recklessness (IC 35-42-2-2) as a Class C felony
273	273	17 (for a crime committed before July 1, 2014) or a Level 5
274	274	18 felony (for a crime committed after June 30, 2014);
275	275	19 (F) neglect of a dependent (IC 35-46-1-4) as a Class B felony
276	276	20 (for a crime committed before July 1, 2014) or a Level 1 or
277	277	21 Level 3 felony (for a crime committed after June 30, 2014);
278	278	22 (G) promotion of human labor trafficking, promotion of human
279	279	23 sexual trafficking, promotion of child sexual trafficking,
280	280	24 promotion of sexual trafficking of a younger child, child
281	281	25 sexual trafficking, or human trafficking (IC 35-42-3.5-1
282	282	26 through IC 35-42-3.5-1.4) as a felony; or
283	283	27 (H) a comparable offense described in clauses (A) through (G)
284	284	28 under federal law or in another state, territory, or country;
285	285	29 against a child described in IC 31-35-3-4(2)(B).
286	286	30 (4) The parental rights of a parent with respect to a biological or
287	287	31 adoptive sibling of a child who is a child in need of services have
288	288	32 been involuntarily terminated by a court under:
289	289	33 (A) IC 31-35-2 (involuntary termination involving a
290	290	34 delinquent child or a child in need of services);
291	291	35 (B) IC 31-35-3 (involuntary termination involving an
292	292	36 individual convicted of a criminal offense); or
293	293	37 (C) any comparable law described in clause (A) or (B) in any
294	294	38 other state, territory, or country.
295	295	39 (5) The child is an abandoned infant, provided that the court:
296	296	40 (A) has appointed a guardian ad litem or court appointed
297	297	41 special advocate for the child; and
298	298	42 (B) after receiving a written report and recommendation from
299	299	2022 IN 1210—LS 7171/DI 119 7
300	300	1 the guardian ad litem or court appointed special advocate, and
301	301	2 after a hearing, finds that reasonable efforts to locate the
302	302	3 child's parents or reunify the child's family would not be in the
303	303	4 best interests of the child.
304	304	5 (6) A parent, guardian, or custodian, or a household member
305	305	6 of a parent, guardian, or custodian, of a child who is a child in
306	306	7 need of services is required to register as a sex or violent
307	307	8 offender under IC 11-8-8.
308	308	9 (7) A parent, guardian, or custodian of a child who is a child
309	309	10 in need of services has, on two (2) or more occasions, been
310	310	11 found by a court to have:
311	311	12 (A) placed the child at substantial risk of harm as a result
312	312	13 of the parent's, guardian's, or custodian's use of alcohol or
313	313	14 a controlled substance; and
314	314	15 (B) failed to successfully complete treatment that was
315	315	16 ordered by the court as a result of the court's finding
316	316	17 under clause (A).
317	317	18 (8) A court has found that a parent, guardian, or custodian of
318	318	19 a child who is a child in need of services:
319	319	20 (A) has a documented history of abuse of alcohol or a
320	320	21 controlled substance that has resulted in the parent,
321	321	22 guardian, or custodian being unable to adequately provide
322	322	23 for the child's physical and mental health and safety; and
323	323	24 (B) is not likely, within a reasonable amount of time, to
324	324	25 successfully cease abusing alcohol or the controlled
325	325	26 substance.
326	326	27 (9) A parent, guardian, or custodian of a child who is a child
327	327	28 in need of services has failed, for more than six (6) months, to:
328	328	29 (A) participate in a program of care, treatment, or
329	329	30 rehabilitation of the child as ordered by a court under
330	330	31 IC 31-34-20-3; or
331	331	32 (B) maintain contact with the child when the parent,
332	332	33 guardian, or custodian:
333	333	34 (i) was reasonably able to maintain contact with the
334	334	35 child; or
335	335	36 (ii) was provided with reasonable opportunities to have
336	336	37 contact with the child.
337	337	38 (10) The child has been removed from a parent, guardian, or
338	338	39 custodian of the child and has been under the supervision of
339	339	40 the department or a county probation department for not less
340	340	41 than twelve (12) months of the most recent twenty-two (22)
341	341	42 months, beginning with the date the child was removed from
342	342	2022 IN 1210—LS 7171/DI 119 8
343	343	1 the home as a result of the child being alleged to be a child in
344	344	2 need of services or a delinquent child.
345	345	3 (c) During or at any time after the first periodic case review under
346	346	4 IC 31-34-21-2 of a child in need of services proceeding, if the court
347	347	5 finds that a parent, guardian, or custodian of the child has been charged
348	348	6 with an offense described in subsection (b)(3) and is awaiting trial, the
349	349	7 court may make a finding that reasonable efforts to reunify the child
350	350	8 with the child's parent, guardian, or custodian or preserve the child's
351	351	9 family as described in section 5.5 of this chapter may be suspended
352	352	10 pending the disposition of the parent's, guardian's, or custodian's
353	353	11 criminal charge.
354	354	12 SECTION 6. IC 31-34-21-7.5, AS AMENDED BY P.L.156-2020,
355	355	13 SECTION 119, IS AMENDED TO READ AS FOLLOWS
356	356	14 [EFFECTIVE JULY 1, 2022]: Sec. 7.5. (a) Except as provided in
357	357	15 subsection (d), the juvenile court may not approve a permanency plan
358	358	16 under subsection (c)(1)(C), (c)(1)(D), or (c)(1)(E) (c) if a person who
359	359	17 is currently residing with a person described in subsection (c)(1)(C) or
360	360	18 (c)(1)(D) or in a residence in which the child would be placed under
361	361	19 subsection (c)(1)(E) (c):
362	362	20 (1) has committed an act resulting in a substantiated report of
363	363	21 child abuse or neglect;
364	364	22 (2) has a juvenile adjudication for an act that would be a
365	365	23 nonwaivable offense, as defined in IC 31-9-2-84.8 if committed
366	366	24 by an adult; or
367	367	25 (3) has a conviction for a nonwaivable offense, as defined in
368	368	26 IC 31-9-2-84.8.
369	369	27 (b) Before requesting juvenile court approval of a permanency plan,
370	370	28 the department shall conduct a criminal history check (as defined in
371	371	29 IC 31-9-2-22.5) to determine if a person described in subsection (a) has
372	372	30 committed an act resulting in a substantiated report of child abuse or
373	373	31 neglect, has a juvenile adjudication for an act that would be a
374	374	32 nonwaivable offense, as defined in IC 31-9-2-84.8 if committed by an
375	375	33 adult, or has a conviction for a nonwaivable offense, as defined in
376	376	34 IC 31-9-2-84.8. However, the department is not required to conduct a
377	377	35 criminal history check under this section if criminal history information
378	378	36 under IC 31-34-4-2, IC 31-34-18-6.1, or IC 31-34-20-1.5 establishes
379	379	37 whether a person described in subsection (a) has committed an act
380	380	38 resulting in a substantiated report of child abuse or neglect, has a
381	381	39 juvenile adjudication for an act that would be a nonwaivable offense,
382	382	40 as defined in IC 31-9-2-84.8 if committed by an adult, or has a
383	383	41 conviction for a nonwaivable offense, as defined in IC 31-9-2-84.8.
384	384	42 (c) A permanency plan, or plans, if concurrent planning, under this
385	385	2022 IN 1210—LS 7171/DI 119 9
386	386	1 chapter includes the following:
387	387	2 (1) The intended permanent or long term arrangements for care
388	388	3 and custody of the child that may include any one (1), or two (2),
389	389	4 if concurrent planning, of the following arrangements that the
390	390	5 department or the court considers most appropriate and consistent
391	391	6 with the best interests of the child:
392	392	7 (A) Return to or continuation of existing custodial care within
393	393	8 the home of the child's parent, guardian, or custodian or
394	394	9 placement of the child with the child's noncustodial parent.
395	395	10 (B) Placement of the child for adoption.
396	396	11 (C) Placement of the child with a responsible person,
397	397	12 including:
398	398	13 (i) an adult sibling;
399	399	14 (ii) a grandparent;
400	400	15 (iii) an aunt;
401	401	16 (iv) an uncle;
402	402	17 (v) a custodial parent of a sibling of the child; or
403	403	18 (vi) another relative;
404	404	19 who is able and willing to act as the child's permanent
405	405	20 custodian and carry out the responsibilities required by the
406	406	21 permanency plan.
407	407	22 (D) Appointment of a legal guardian. The legal guardian
408	408	23 appointed under this section is a caretaker in a judicially
409	409	24 created relationship between the child and caretaker that is
410	410	25 intended to be permanent and self-sustaining as evidenced by
411	411	26 the transfer to the caretaker of the following parental rights
412	412	27 with respect to the child:
413	413	28 (i) Care, custody, and control of the child.
414	414	29 (ii) Decision making concerning the child's upbringing.
415	415	30 (E) A supervised independent living arrangement or foster
416	416	31 care for the child with a permanency plan of another planned,
417	417	32 permanent living arrangement. However, a child less than
418	418	33 sixteen (16) years of age may not have another planned,
419	419	34 permanent living arrangement as the child's permanency plan.
420	420	35 (2) A time schedule for implementing the applicable provisions
421	421	36 of the permanency plan.
422	422	37 (3) Provisions for temporary or interim arrangements for care and
423	423	38 custody of the child, pending completion of implementation of the
424	424	39 permanency plan.
425	425	40 (4) Other items required to be included in a case plan under
426	426	41 IC 31-34-15 or federal law, consistent with the permanent or long
427	427	42 term arrangements described by the permanency plan.
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429	429	1 (d) A juvenile court may approve a permanency plan if:
430	430	2 (1) a person described in subsection (a) has:
431	431	3 (A) committed an act resulting in a substantiated report of
432	432	4 child abuse or neglect;
433	433	5 (B) been convicted of:
434	434	6 (i) battery (IC 35-42-2-1);
435	435	7 (ii) criminal recklessness (IC 35-42-2-2) as a felony;
436	436	8 (iii) criminal confinement (IC 35-42-3-3) as a felony;
437	437	9 (iv) arson (IC 35-43-1-1) as a felony;
438	438	10 (v) nonsupport of a dependent child (IC 35-46-1-5);
439	439	11 (vi) operating a motorboat while intoxicated (IC 35-46-9-6)
440	440	12 as a felony;
441	441	13 (vii) a felony involving a weapon under IC 35-47;
442	442	14 (viii) a felony relating to controlled substances under
443	443	15 IC 35-48-4; or
444	444	16 (ix) a felony under IC 9-30-5;
445	445	17 if the conviction did not occur within the past five (5) years; or
446	446	18 (C) had a juvenile adjudication for a nonwaivable offense, as
447	447	19 defined in IC 31-9-2-84.8 that, if committed by an adult,
448	448	20 would be a felony; and
449	449	21 (2) the person's commission of the offense, delinquent act, or act
450	450	22 of abuse or neglect described in subdivision (1) is not relevant to
451	451	23 the person's present ability to care for a child, and that approval
452	452	24 of the permanency plan is in the best interest of the child.
453	453	25 However, a court may not approve a permanency plan if the person has
454	454	26 been convicted of a nonwaivable offense, as defined in IC 31-9-2-84.8
455	455	27 that is not specifically excluded under subdivision (1)(B), or has a
456	456	28 juvenile adjudication for an act that would be a nonwaivable offense,
457	457	29 as defined in IC 31-9-2-84.8 if committed by an adult that is not
458	458	30 specifically excluded under subdivision (1)(B).
459	459	31 (e) In making its written finding under subsection (d), the court shall
460	460	32 consider the following:
461	461	33 (1) The length of time since the person committed the offense,
462	462	34 delinquent act, or act that resulted in the substantiated report of
463	463	35 abuse or neglect.
464	464	36 (2) The severity of the offense, delinquent act, or abuse or neglect.
465	465	37 (3) Evidence of the person's rehabilitation, including the person's
466	466	38 cooperation with a treatment plan, if applicable.
467	467	39 SECTION 7. IC 31-35-2-6, AS AMENDED BY P.L.48-2012,
468	468	40 SECTION 68, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
469	469	41 JULY 1, 2022]: Sec. 6. (a) Except when a hearing is required after June
470	470	42 30, 1999, under section 4.5 of this chapter, the person filing the petition
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472	472	1 shall request the court to set the petition for a hearing. Whenever a
473	473	2 hearing is requested under this chapter, the court shall:
474	474	3 (1) commence a hearing on the petition not more than ninety (90)
475	475	4 days after a petition is filed under this chapter; and
476	476	5 (2) complete a hearing on the petition not more than one hundred
477	477	6 eighty (180) days after a petition is filed under this chapter.
478	478	7 (b) If a hearing is not held within the time set forth in subsection (a):
479	479	8 (1) upon filing of a motion with the court by a party; and
480	480	9 (2) absent good cause shown for the failure to hold the hearing
481	481	10 within the time set forth in subsection (a);
482	482	11 the court shall dismiss the petition to terminate the parent-child
483	483	12 relationship without prejudice.
484	484	2022 IN 1210—LS 7171/DI 119