Introduced Version
HOUSE BILL No. 1210
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 31-9-2-53.2; IC 31-34; IC 31-35-2-6.
Synopsis: Child placement and permanency. 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. Provides that before reunifying a child with
the child's parent, guardian, or custodian, the department of child
services (department) shall (rather than may, under current law): (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. 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
(Continued next page)
Effective: July 1, 2022.
Lauer
January 6, 2022, read first time and referred to Committee on Judiciary.
2022 IN 1210—LS 7171/DI 119 Digest Continued
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
department 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. 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. 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.
2022 IN 1210—LS 7171/DI 1192022 IN 1210—LS 7171/DI 119 Introduced
Second Regular Session of the 122nd General Assembly (2022)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2021 Regular Session of the General Assembly.
HOUSE BILL No. 1210
A BILL FOR AN ACT to amend the Indiana Code concerning
family law and juvenile law.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 31-9-2-53.2 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2022]: Sec. 53.2. "Household member" means, with respect to a
4 person, any of the following:
5 (1) An individual who resides in the person's home.
6 (2) An individual with whom the person is engaged in a dating
7 relationship or other ongoing, nonfamilial relationship.
8 SECTION 2. IC 31-34-11-1, AS AMENDED BY P.L.48-2012,
9 SECTION 59, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10 JULY 1, 2022]: Sec. 1. (a) Except as provided in subsection (b), unless
11 the allegations of a petition have been admitted, the juvenile court shall
12 complete a factfinding hearing not more than sixty (60) days after a
13 petition alleging that a child is a child in need of services is filed in
14 accordance with IC 31-34-9.
15 (b) The juvenile court may extend the time to complete a factfinding
2022 IN 1210—LS 7171/DI 119 2
1 hearing, as described in subsection (a): for an additional sixty (60) days
2 if all parties in the action consent to the additional time.
3 (1) for good cause shown; and
4 (2) if the court determines that the extension is in the child's
5 best interests.
6 (c) If the factfinding hearing is not held immediately after the initial
7 hearing as provided under IC 31-34-10-9, the department shall provide
8 notice of any factfinding hearing to each foster parent or other
9 caretaker with whom the child has been placed for temporary care. The
10 court shall provide a person who is required to be notified under this
11 subsection an opportunity to be heard at the factfinding hearing.
12 (d) If the factfinding hearing is not held within the time set forth in
13 subsection (a) or (b), upon a motion with the court, the court shall may
14 dismiss the case without prejudice.
15 SECTION 3. IC 31-34-20-1.5, AS AMENDED BY P.L.142-2020,
16 SECTION 44, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17 JULY 1, 2022]: Sec. 1.5. (a) Except as provided in subsection (d), the
18 juvenile court may not enter a dispositional decree approving or
19 ordering placement of a child in another home under section 1(a)(3) of
20 this chapter or awarding wardship to the department that will place the
21 child in another home under section 1(a)(4) of this chapter if:
22 (1) a person who is currently residing in the home in which the
23 child would be placed under section 1(a)(3) or 1(a)(4) of this
24 chapter; or
25 (2) a household member of a person described in subdivision
26 (1);
27 has committed an act resulting in a substantiated report of child abuse
28 or neglect, has a juvenile adjudication for an act that would be a
29 nonwaivable offense, as defined in IC 31-9-2-84.8 if committed by an
30 adult, or has a conviction for a nonwaivable offense, as defined in
31 IC 31-9-2-84.8.
32 (b) The department or caseworker who prepared the predispositional
33 report shall conduct a criminal history check (as defined in
34 IC 31-9-2-22.5) to determine if a person described in subsection (a) has
35 committed an act resulting in a substantiated report of child abuse or
36 neglect, has a juvenile adjudication for an act that would be a
37 nonwaivable offense, as defined in IC 31-9-2-84.8 if committed by an
38 adult, or has a conviction for a nonwaivable offense, as defined in
39 IC 31-9-2-84.8. However, the department or caseworker is not required
40 to conduct a criminal history check under this section if criminal
41 history information under IC 31-34-4-2 or IC 31-34-18-6.1 establishes
42 whether a person described in subsection (a) has committed an act
2022 IN 1210—LS 7171/DI 119 3
1 resulting in a substantiated report of child abuse or neglect, has a
2 juvenile adjudication for an act that would be a nonwaivable offense,
3 as defined in IC 31-9-2-84.8 if committed by an adult, or has a
4 conviction for a nonwaivable offense, as defined in IC 31-9-2-84.8.
5 (c) The department or caseworker is not required to conduct a
6 criminal history check under this section if:
7 (1) the department or caseworker is considering only an
8 out-of-home placement to an entity or a facility that:
9 (A) is not a residence (as defined in IC 3-5-2-42.5); or
10 (B) is licensed by the state; or
11 (2) placement under this section is undetermined at the time the
12 predispositional report is prepared.
13 (d) A juvenile court may enter a dispositional decree that approves
14 placement of a child in another home or award wardship to the
15 department that will place the child in a home with a person described
16 in subsection (a) if:
17 (1) the person described in subsection (a) has:
18 (A) committed an act resulting in a substantiated report of
19 child abuse or neglect;
20 (B) been convicted of:
21 (i) battery (IC 35-42-2-1);
22 (ii) criminal recklessness (IC 35-42-2-2) as a felony;
23 (iii) criminal confinement (IC 35-42-3-3) as a felony;
24 (iv) arson (IC 35-43-1-1) as a felony;
25 (v) nonsupport of a dependent child (IC 35-46-1-5);
26 (vi) operating a motorboat while intoxicated (IC 35-46-9-6)
27 as a felony;
28 (vii) a felony involving a weapon under IC 35-47;
29 (viii) a felony relating to controlled substances under
30 IC 35-48-4; or
31 (ix) a felony under IC 9-30-5;
32 if the conviction did not occur within the past five (5) years; or
33 (C) had a juvenile adjudication for a nonwaivable offense, as
34 defined in IC 31-9-2-84.8 that, if committed by an adult,
35 would be a felony; and
36 (2) the person's commission of the offense, delinquent act, or act
37 of abuse or neglect described in subdivision (1) is not relevant to
38 the person's present ability to care for a child, and placing a child
39 in another home or awarding wardship to the department is in the
40 best interest of the child.
41 However, a court may not enter a dispositional decree that approves
42 placement of a child in another home or awards wardship to the
2022 IN 1210—LS 7171/DI 119 4
1 department if the person has been convicted of a nonwaivable offense,
2 as defined in IC 31-9-2-84.8 that is not specifically excluded under
3 subdivision (1)(B).
4 (e) In considering the placement under subsection (d), the court
5 shall consider the following:
6 (1) The length of time since the person committed the offense,
7 delinquent act, or act that resulted in the substantiated report of
8 abuse or neglect.
9 (2) The severity of the offense, delinquent act, or abuse or neglect.
10 (3) Evidence of the person's rehabilitation, including the person's
11 cooperation with a treatment plan, if applicable.
12 SECTION 4. IC 31-34-21-5.5, AS AMENDED BY P.L.48-2012,
13 SECTION 64, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14 JULY 1, 2022]: Sec. 5.5. (a) In determining the extent to which
15 reasonable efforts to reunify or preserve a family are appropriate under
16 this chapter, the child's health and safety are of paramount concern.
17 (b) Except as provided in section 5.6 of this chapter, the department
18 shall make reasonable efforts to preserve and reunify families as
19 follows:
20 (1) If a child has not been removed from the child's home, to
21 prevent or eliminate the need for removing the child from the
22 child's home.
23 (2) If a child has been removed from the child's home, to make it
24 possible for the child to return safely to the child's home as soon
25 as possible.
26 (c) The department may, shall, before reunification of the child with
27 a parent, guardian, or custodian, conduct a criminal history check (as
28 defined in IC 31-9-2-22.5) of:
29 (1) the child's:
30 (A) parent;
31 (B) guardian; or
32 (C) custodian; or and
33 (2) a household member of the:
34 (A) parent;
35 (B) guardian; or
36 (C) custodian.
37 (d) The department may use shall consider the results of a criminal
38 history check conducted under subsection (c) to decide in deciding
39 whether it is safe for the child to return home.
40 (e) If the circumstances that prompted the removal of the child
41 from the home of the child's parent, guardian, or custodian
42 included danger to the child's physical or mental health or safety
2022 IN 1210—LS 7171/DI 119 5
1 related to the use of alcohol or a controlled substance by the
2 parent, guardian, or custodian, or by a household member of the
3 parent, guardian, or custodian, the department may require as a
4 condition of reunification of the child with the parent, guardian, or
5 custodian that the parent, guardian, custodian, or household
6 member:
7 (1) successfully complete a substance abuse treatment
8 program; and
9 (2) submit to periodic, random testing for alcohol or
10 controlled substances.
11 SECTION 5. IC 31-34-21-5.6, AS AMENDED BY P.L.10-2019,
12 SECTION 125, IS AMENDED TO READ AS FOLLOWS
13 [EFFECTIVE JULY 1, 2022]: Sec. 5.6. (a) Except as provided in
14 subsection (c), a court may make a finding described in this section at
15 any phase of a child in need of services proceeding.
16 (b) Reasonable efforts to reunify a child with the child's parent,
17 guardian, or custodian or preserve a child's family as described in
18 section 5.5 of this chapter are not required if the court finds any of the
19 following:
20 (1) A parent, guardian, or custodian, or a household member of
21 a parent, guardian, or custodian, of a child who is a child in
22 need of services has been convicted of:
23 (A) an offense described in IC 31-35-3-4(1)(B) or
24 IC 31-35-3-4(1)(D) through IC 31-35-3-4(1)(J) against a
25 victim who is:
26 (i) a child described in IC 31-35-3-4(2); or
27 (ii) a parent of the child; or
28 (B) a comparable offense as described in clause (A) in any
29 other state, territory, or country by a court of competent
30 jurisdiction.
31 (2) A parent, guardian, or custodian, or a household member of
32 a parent, guardian, or custodian, of a child who is a child in
33 need of services:
34 (A) has been convicted of:
35 (i) the murder (IC 35-42-1-1) or voluntary manslaughter (IC
36 35-42-1-3) of a victim who is a child described in
37 IC 31-35-3-4(2)(B) or a parent of the child; or
38 (ii) a comparable offense described in item (i) in any other
39 state, territory, or country; or
40 (B) has been convicted of:
41 (i) aiding, inducing, or causing another person;
42 (ii) attempting; or
2022 IN 1210—LS 7171/DI 119 6
1 (iii) conspiring with another person;
2 to commit an offense described in clause (A).
3 (3) A parent, guardian, or custodian, or a household member of
4 a parent, guardian, or custodian, of a child who is a child in
5 need of services has been convicted of:
6 (A) battery as a Class A felony (for a crime committed before
7 July 1, 2014) or Level 2 felony (for a crime committed after
8 June 30, 2014);
9 (B) battery as a Class B felony (for a crime committed before
10 July 1, 2014) or Level 3 or Level 4 felony (for a crime
11 committed after June 30, 2014);
12 (C) battery as a Class C felony (for a crime committed before
13 July 1, 2014) or Level 5 felony (for a crime committed after
14 June 30, 2014);
15 (D) aggravated battery (IC 35-42-2-1.5);
16 (E) criminal recklessness (IC 35-42-2-2) as a Class C felony
17 (for a crime committed before July 1, 2014) or a Level 5
18 felony (for a crime committed after June 30, 2014);
19 (F) neglect of a dependent (IC 35-46-1-4) as a Class B felony
20 (for a crime committed before July 1, 2014) or a Level 1 or
21 Level 3 felony (for a crime committed after June 30, 2014);
22 (G) promotion of human labor trafficking, promotion of human
23 sexual trafficking, promotion of child sexual trafficking,
24 promotion of sexual trafficking of a younger child, child
25 sexual trafficking, or human trafficking (IC 35-42-3.5-1
26 through IC 35-42-3.5-1.4) as a felony; or
27 (H) a comparable offense described in clauses (A) through (G)
28 under federal law or in another state, territory, or country;
29 against a child described in IC 31-35-3-4(2)(B).
30 (4) The parental rights of a parent with respect to a biological or
31 adoptive sibling of a child who is a child in need of services have
32 been involuntarily terminated by a court under:
33 (A) IC 31-35-2 (involuntary termination involving a
34 delinquent child or a child in need of services);
35 (B) IC 31-35-3 (involuntary termination involving an
36 individual convicted of a criminal offense); or
37 (C) any comparable law described in clause (A) or (B) in any
38 other state, territory, or country.
39 (5) The child is an abandoned infant, provided that the court:
40 (A) has appointed a guardian ad litem or court appointed
41 special advocate for the child; and
42 (B) after receiving a written report and recommendation from
2022 IN 1210—LS 7171/DI 119 7
1 the guardian ad litem or court appointed special advocate, and
2 after a hearing, finds that reasonable efforts to locate the
3 child's parents or reunify the child's family would not be in the
4 best interests of the child.
5 (6) A parent, guardian, or custodian, or a household member
6 of a parent, guardian, or custodian, of a child who is a child in
7 need of services is required to register as a sex or violent
8 offender under IC 11-8-8.
9 (7) A parent, guardian, or custodian of a child who is a child
10 in need of services has, on two (2) or more occasions, been
11 found by a court to have:
12 (A) placed the child at substantial risk of harm as a result
13 of the parent's, guardian's, or custodian's use of alcohol or
14 a controlled substance; and
15 (B) failed to successfully complete treatment that was
16 ordered by the court as a result of the court's finding
17 under clause (A).
18 (8) A court has found that a parent, guardian, or custodian of
19 a child who is a child in need of services:
20 (A) has a documented history of abuse of alcohol or a
21 controlled substance that has resulted in the parent,
22 guardian, or custodian being unable to adequately provide
23 for the child's physical and mental health and safety; and
24 (B) is not likely, within a reasonable amount of time, to
25 successfully cease abusing alcohol or the controlled
26 substance.
27 (9) A parent, guardian, or custodian of a child who is a child
28 in need of services has failed, for more than six (6) months, to:
29 (A) participate in a program of care, treatment, or
30 rehabilitation of the child as ordered by a court under
31 IC 31-34-20-3; or
32 (B) maintain contact with the child when the parent,
33 guardian, or custodian:
34 (i) was reasonably able to maintain contact with the
35 child; or
36 (ii) was provided with reasonable opportunities to have
37 contact with the child.
38 (10) The child has been removed from a parent, guardian, or
39 custodian of the child and has been under the supervision of
40 the department or a county probation department for not less
41 than twelve (12) months of the most recent twenty-two (22)
42 months, beginning with the date the child was removed from
2022 IN 1210—LS 7171/DI 119 8
1 the home as a result of the child being alleged to be a child in
2 need of services or a delinquent child.
3 (c) During or at any time after the first periodic case review under
4 IC 31-34-21-2 of a child in need of services proceeding, if the court
5 finds that a parent, guardian, or custodian of the child has been charged
6 with an offense described in subsection (b)(3) and is awaiting trial, the
7 court may make a finding that reasonable efforts to reunify the child
8 with the child's parent, guardian, or custodian or preserve the child's
9 family as described in section 5.5 of this chapter may be suspended
10 pending the disposition of the parent's, guardian's, or custodian's
11 criminal charge.
12 SECTION 6. IC 31-34-21-7.5, AS AMENDED BY P.L.156-2020,
13 SECTION 119, IS AMENDED TO READ AS FOLLOWS
14 [EFFECTIVE JULY 1, 2022]: Sec. 7.5. (a) Except as provided in
15 subsection (d), the juvenile court may not approve a permanency plan
16 under subsection (c)(1)(C), (c)(1)(D), or (c)(1)(E) (c) if a person who
17 is currently residing with a person described in subsection (c)(1)(C) or
18 (c)(1)(D) or in a residence in which the child would be placed under
19 subsection (c)(1)(E) (c):
20 (1) has committed an act resulting in a substantiated report of
21 child abuse or neglect;
22 (2) has a juvenile adjudication for an act that would be a
23 nonwaivable offense, as defined in IC 31-9-2-84.8 if committed
24 by an adult; or
25 (3) has a conviction for a nonwaivable offense, as defined in
26 IC 31-9-2-84.8.
27 (b) Before requesting juvenile court approval of a permanency plan,
28 the department shall conduct a criminal history check (as defined in
29 IC 31-9-2-22.5) to determine if a person described in subsection (a) has
30 committed an act resulting in a substantiated report of child abuse or
31 neglect, has a juvenile adjudication for an act that would be a
32 nonwaivable offense, as defined in IC 31-9-2-84.8 if committed by an
33 adult, or has a conviction for a nonwaivable offense, as defined in
34 IC 31-9-2-84.8. However, the department is not required to conduct a
35 criminal history check under this section if criminal history information
36 under IC 31-34-4-2, IC 31-34-18-6.1, or IC 31-34-20-1.5 establishes
37 whether a person described in subsection (a) has committed an act
38 resulting in a substantiated report of child abuse or neglect, has a
39 juvenile adjudication for an act that would be a nonwaivable offense,
40 as defined in IC 31-9-2-84.8 if committed by an adult, or has a
41 conviction for a nonwaivable offense, as defined in IC 31-9-2-84.8.
42 (c) A permanency plan, or plans, if concurrent planning, under this
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1 chapter includes the following:
2 (1) The intended permanent or long term arrangements for care
3 and custody of the child that may include any one (1), or two (2),
4 if concurrent planning, of the following arrangements that the
5 department or the court considers most appropriate and consistent
6 with the best interests of the child:
7 (A) Return to or continuation of existing custodial care within
8 the home of the child's parent, guardian, or custodian or
9 placement of the child with the child's noncustodial parent.
10 (B) Placement of the child for adoption.
11 (C) Placement of the child with a responsible person,
12 including:
13 (i) an adult sibling;
14 (ii) a grandparent;
15 (iii) an aunt;
16 (iv) an uncle;
17 (v) a custodial parent of a sibling of the child; or
18 (vi) another relative;
19 who is able and willing to act as the child's permanent
20 custodian and carry out the responsibilities required by the
21 permanency plan.
22 (D) Appointment of a legal guardian. The legal guardian
23 appointed under this section is a caretaker in a judicially
24 created relationship between the child and caretaker that is
25 intended to be permanent and self-sustaining as evidenced by
26 the transfer to the caretaker of the following parental rights
27 with respect to the child:
28 (i) Care, custody, and control of the child.
29 (ii) Decision making concerning the child's upbringing.
30 (E) A supervised independent living arrangement or foster
31 care for the child with a permanency plan of another planned,
32 permanent living arrangement. However, a child less than
33 sixteen (16) years of age may not have another planned,
34 permanent living arrangement as the child's permanency plan.
35 (2) A time schedule for implementing the applicable provisions
36 of the permanency plan.
37 (3) Provisions for temporary or interim arrangements for care and
38 custody of the child, pending completion of implementation of the
39 permanency plan.
40 (4) Other items required to be included in a case plan under
41 IC 31-34-15 or federal law, consistent with the permanent or long
42 term arrangements described by the permanency plan.
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1 (d) A juvenile court may approve a permanency plan if:
2 (1) a person described in subsection (a) has:
3 (A) committed an act resulting in a substantiated report of
4 child abuse or neglect;
5 (B) been convicted of:
6 (i) battery (IC 35-42-2-1);
7 (ii) criminal recklessness (IC 35-42-2-2) as a felony;
8 (iii) criminal confinement (IC 35-42-3-3) as a felony;
9 (iv) arson (IC 35-43-1-1) as a felony;
10 (v) nonsupport of a dependent child (IC 35-46-1-5);
11 (vi) operating a motorboat while intoxicated (IC 35-46-9-6)
12 as a felony;
13 (vii) a felony involving a weapon under IC 35-47;
14 (viii) a felony relating to controlled substances under
15 IC 35-48-4; or
16 (ix) a felony under IC 9-30-5;
17 if the conviction did not occur within the past five (5) years; or
18 (C) had a juvenile adjudication for a nonwaivable offense, as
19 defined in IC 31-9-2-84.8 that, if committed by an adult,
20 would be a felony; and
21 (2) the person's commission of the offense, delinquent act, or act
22 of abuse or neglect described in subdivision (1) is not relevant to
23 the person's present ability to care for a child, and that approval
24 of the permanency plan is in the best interest of the child.
25 However, a court may not approve a permanency plan if the person has
26 been convicted of a nonwaivable offense, as defined in IC 31-9-2-84.8
27 that is not specifically excluded under subdivision (1)(B), or has a
28 juvenile adjudication for an act that would be a nonwaivable offense,
29 as defined in IC 31-9-2-84.8 if committed by an adult that is not
30 specifically excluded under subdivision (1)(B).
31 (e) In making its written finding under subsection (d), the court shall
32 consider the following:
33 (1) The length of time since the person committed the offense,
34 delinquent act, or act that resulted in the substantiated report of
35 abuse or neglect.
36 (2) The severity of the offense, delinquent act, or abuse or neglect.
37 (3) Evidence of the person's rehabilitation, including the person's
38 cooperation with a treatment plan, if applicable.
39 SECTION 7. IC 31-35-2-6, AS AMENDED BY P.L.48-2012,
40 SECTION 68, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41 JULY 1, 2022]: Sec. 6. (a) Except when a hearing is required after June
42 30, 1999, under section 4.5 of this chapter, the person filing the petition
2022 IN 1210—LS 7171/DI 119 11
1 shall request the court to set the petition for a hearing. Whenever a
2 hearing is requested under this chapter, the court shall:
3 (1) commence a hearing on the petition not more than ninety (90)
4 days after a petition is filed under this chapter; and
5 (2) complete a hearing on the petition not more than one hundred
6 eighty (180) days after a petition is filed under this chapter.
7 (b) If a hearing is not held within the time set forth in subsection (a):
8 (1) upon filing of a motion with the court by a party; and
9 (2) absent good cause shown for the failure to hold the hearing
10 within the time set forth in subsection (a);
11 the court shall dismiss the petition to terminate the parent-child
12 relationship without prejudice.
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