*SB0180.1*
January 12, 2022
SENATE BILL No. 180
_____
DIGEST OF SB 180 (Updated January 10, 2022 12:49 pm - DI 148)
Citations Affected: IC 12-26; IC 31-31; IC 31-32; IC 31-35; IC 31-40.
Synopsis: Juvenile court appointed attorney for child. Requires an
appointed attorney in certain types of juvenile court cases. Requires the
juvenile court to appoint the attorney before the first hearing. Allows
the juvenile court to order a parent or guardian to pay for an appointed
attorney's fees to the extent that the amount the parent or guardian is
ordered to pay will not cause a substantial hardship to the child's
family. Provides that a guardian ad litem may not be the child's attorney
if the petition for child in need of services (CHINS) alleges abuse or
neglect. Establishes the commission for court appointed attorneys for
children (commission). Requires the commission to report annually to
the governor, general assembly, and supreme court regarding topics
related to provision of counsel for children in juvenile court
proceedings. Establishes the juvenile court appointed attorneys fund.
Provides that a juvenile court shall appoint one attorney for siblings
who are the subject of a child in need of services proceeding, juvenile
delinquency proceeding, or proceeding to terminate the parent-child
relationship. Provides that a child's attorney may sign a petition to
terminate the parent-child relationship with regard to the child. Adds
users fees for the appointment of a juvenile court appointed attorney.
Effective: July 1, 2022.
Ford Jon
January 6, 2022, read first time and referred to Committee on Family and Children
Services.
January 11, 2022, amended, reported favorably — Do Pass; reassigned to Committee on
Appropriations.
SB 180—LS 6440/DI 148 January 12, 2022
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.
SENATE BILL No. 180
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 12-26-8-1 IS AMENDED TO READ AS
2 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 1. (a) A juvenile court
3 that conducts a proceeding under this article shall appoint:
4 (1) a court appointed special advocate, a guardian ad litem, or
5 both; and
6 (2) an attorney if counsel has not been previously appointed
7 or retained;
8 for the child before the court begins a proceeding under this article.
9 (b) An advocate is not required to be an attorney.
10 (c) An attorney representing the child may be appointed as the
11 child's advocate.
12 (d) (c) The court may not appoint any of the following to be a child's
13 advocate:
14 (1) A party to the proceeding.
15 (2) An employee of a party to the proceeding.
16 (3) A representative of a party to the proceeding.
17 (e) (d) An advocate shall represent and protect the best interests of
SB 180—LS 6440/DI 148 2
1 the child.
2 SECTION 2. IC 31-31-11 IS ADDED TO THE INDIANA CODE
3 AS A NEW CHAPTER TO READ AS FOLLOW [EFFECTIVE JULY
4 1, 2022]:
5 Chapter 11. Court Appointed Attorneys for Children
6 Sec. 1. (a) As used in this chapter, "commission" means the
7 commission for court appointed attorneys for children established
8 by section 2 of this chapter.
9 (b) As used in this chapter, "juvenile court appointed attorney
10 program" means a system for appointing an attorney for a child
11 under IC 31-32-4-1.
12 Sec. 2. The commission for court appointed attorneys for
13 children is established.
14 Sec. 3. The commission is composed of the following eleven (11)
15 members, none of whom may be a law enforcement officer or a
16 court employee:
17 (1) Three (3) members appointed by the governor, with not
18 more than two (2) of these individuals belonging to the same
19 political party.
20 (2) Three (3) members appointed by the chief justice of the
21 supreme court, with not more than two (2) of these individuals
22 belonging to the same political party.
23 (3) One (1) member appointed by the board of trustees of the
24 Indiana criminal justice institute, who is an attorney admitted
25 to practice law in Indiana.
26 (4) Two (2) members of the house of representatives to be
27 appointed by the speaker of the house of representatives. The
28 members appointed under this subdivision may not be from
29 the same political party.
30 (5) Two (2) members of the senate, to be appointed by the
31 president pro tempore of the senate. The members appointed
32 under this subdivision may not be from the same political
33 party.
34 Sec. 4. (a) The members of the commission shall designate one
35 (1) member of the department as chairperson.
36 (b) The term of office of each member of the commission is four
37 (4) years. A vacancy occurring among the members of the
38 commission before the expiration of a term must be filled in the
39 same manner as the original appointment. An appointment to fill
40 a vacancy occurring before the expiration of a term is for the
41 remainder of the unexpired term.
42 (c) Each member of the commission who is a state employee is
SB 180—LS 6440/DI 148 3
1 entitled to reimbursement for traveling expenses and other
2 expenses actually incurred in connection with the member's duties,
3 as provided in the state travel policies and procedures established
4 by the Indiana department of administration and approved by the
5 budget agency.
6 (d) A member of the commission who is not a state employee is
7 entitled to:
8 (1) the minimum salary per diem provided by
9 IC 4-10-11-2.1(b); and
10 (2) reimbursement for traveling expenses and other expenses
11 actually incurred in connection with the member's duties, as
12 provided in the state travel policies and procedures
13 established by the Indiana department of administration and
14 approved by the budget agency.
15 (e) The commission shall meet at least quarterly and at times
16 called by the chairperson or at the request of three (3) commission
17 members.
18 Sec. 5. The commission shall do the following:
19 (1) Make recommendations to the supreme court concerning
20 standards for juvenile court appointed attorney programs,
21 including the following:
22 (A) Determining eligibility for legal representation.
23 (B) Selection and qualifications of attorneys to represent
24 children under IC 31-32-4 at public expense.
25 (C) Determining conflicts of interest.
26 (D) Investigative, clerical, and other support services
27 necessary to provide adequate legal representation.
28 (2) Adopt guidelines and standards for juvenile court
29 appointed attorney programs under which the counties will be
30 eligible for reimbursement under this chapter, including the
31 following:
32 (A) The issuance and enforcement of orders requiring the
33 parent or guardian to pay for the cost for services.
34 (B) Qualifications for an attorney to represent a child
35 under IC 31-32-4 at the public expense.
36 (C) Compensation rates for salaried, contractual, and
37 assigned attorneys.
38 (D) Minimum and maximum caseloads of attorneys.
39 (3) Make an annual report to the governor, the general
40 assembly, and the supreme court regarding the operation of
41 the juvenile court appointed attorney fund.
42 The report to the general assembly under subdivision (3) must be
SB 180—LS 6440/DI 148 4
1 in an electronic format under IC 5-14-6.
2 Sec. 6. The commission shall hire staff and may enter into
3 contracts for any additional staff support that the commission
4 determines is necessary to implement this section.
5 Sec. 7. (a) The juvenile court appointed attorney fund is
6 established.
7 (b) The commission shall administer the fund.
8 (c) The treasurer of state shall invest money in the fund not
9 currently needed to meet the obligations of the fund in the same
10 manner as other public funds may be invested.
11 (d) Money in the fund at the end of a fiscal year does not revert
12 to the state general fund.
13 (e) A county may submit on a quarterly basis a certified request
14 to the commission for reimbursement from the juvenile court
15 appointed attorney fund for an amount equal to fifty percent
16 (50%) of the county's expenditures for attorney services provided
17 to a child under IC 31-32-4-1.
18 SECTION 3. IC 31-32-3-3 IS AMENDED TO READ AS
19 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 3. (a) Except as
20 provided in subsection (b), a guardian ad litem or court appointed
21 special advocate need not be an attorney, but the attorney representing
22 the child may be appointed the child's guardian ad litem or court
23 appointed special advocate.
24 (b) If a child in need of services petition alleges that a child is
25 abused or neglected:
26 (1) the child's guardian ad litem or special advocate may not
27 be the child's attorney; and
28 (2) the attorney who files the petition may not be appointed as
29 the child's guardian ad litem or special advocate.
30 SECTION 4. IC 31-32-4-1 IS AMENDED TO READ AS
31 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 1. (a) Subject to
32 subsection (b), the following persons are entitled to be represented by
33 counsel:
34 (1) A child charged with a delinquent act, as provided by
35 IC 31-32-2-2. in the following proceedings:
36 (A) Child in need of services, under IC 31-34.
37 (B) Termination of parent-child relationship, under
38 IC 31-35.
39 (C) Delinquency, under IC 31-37.
40 (2) A parent, in a proceeding to terminate the parent-child
41 relationship, as provided by IC 31-32-2-5.
42 (3) Any other person designated by law.
SB 180—LS 6440/DI 148 5
1 (b) In a proceeding described in subsection (a) that involves
2 siblings, the juvenile court shall appoint only one (1) attorney to
3 represent the siblings.
4 SECTION 5. IC 31-32-4-2 IS AMENDED TO READ AS
5 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 2. (a) If:
6 (1) a child alleged to be a delinquent child in a proceeding for:
7 (A) child in need of services, under IC 31-34;
8 (B) termination of parent-child relationship, under
9 IC 31-35; or
10 (C) delinquency, under IC 31-37;
11 does not have an attorney who may represent the child without a
12 conflict of interest; and
13 (2) the child has not lawfully waived the child's right to counsel
14 under IC 31-32-5; (or IC 31-6-7-3 before its repeal);
15 the juvenile court shall appoint counsel for the child at the detention
16 hearing or at the initial hearing, whichever occurs first, or at any earlier
17 time. before the first hearing.
18 (b) The court may appoint counsel to represent any child in any
19 other proceeding.
20 (c) An attorney appointed under this section:
21 (1) shall represent the child at all stages of the proceedings;
22 and
23 (2) may not withdraw solely because the child's parent or
24 guardian fails to obey an order under IC 31-40-1-2(g).
25 SECTION 6. IC 31-32-4-3 IS AMENDED TO READ AS
26 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 3. (a) If:
27 (1) a parent in proceedings to terminate the parent-child
28 relationship does not have an attorney who may represent the
29 parent without a conflict of interest; and
30 (2) the parent has not lawfully waived the parent's right to counsel
31 under IC 31-32-5; (or IC 31-6-7-3 before its repeal); and
32 (3) the parent is found to be indigent;
33 the juvenile court shall appoint counsel for the parent at the initial
34 hearing or at any earlier time. before the first hearing.
35 (b) The court may appoint counsel to represent any parent in any
36 other proceeding.
37 (c) An attorney appointed under this section:
38 (1) shall represent the parent at all stages of the proceedings;
39 and
40 (2) may not withdraw solely because the parent or guardian
41 fails to obey an order under IC 31-40-1-2(g).
42 SECTION 7. IC 31-32-4-6 IS ADDED TO THE INDIANA CODE
SB 180—LS 6440/DI 148 6
1 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
2 1, 2022]: Sec. 6. (a) Except as provided in subsection (c), an
3 attorney appointed to represent a child under this chapter shall
4 meet with the child:
5 (1) before the preliminary protective hearing, if possible; or
6 (2) within fourteen (14) days after the preliminary protective
7 hearing.
8 (b) The attorney shall meet with the child before all substantive
9 hearings.
10 (c) A judge may modify the requirements under this section for
11 purposes of a substantive hearing if extraordinary circumstances
12 exist.
13 SECTION 8. IC 31-35-2-4, AS AMENDED BY P.L.258-2019,
14 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2022]: Sec. 4. (a) A petition to terminate the parent-child
16 relationship involving a delinquent child or a child in need of services
17 may be signed and filed with the juvenile or probate court by any of the
18 following:
19 (1) The attorney for the department.
20 (2) The child's court appointed special advocate.
21 (3) The child's guardian ad litem.
22 (4) The child's attorney.
23 (b) The petition must meet the following requirements:
24 (1) The petition must be entitled "In the Matter of the Termination
25 of the Parent-Child Relationship of ___________, a child, and
26 ____________, the child's parent (or parents)".
27 (2) The petition must allege:
28 (A) that one (1) of the following is true:
29 (i) The child has been removed from the parent for at least
30 six (6) months under a dispositional decree.
31 (ii) A court has entered a finding under IC 31-34-21-5.6 that
32 reasonable efforts for family preservation or reunification
33 are not required, including a description of the court's
34 finding, the date of the finding, and the manner in which the
35 finding was made.
36 (iii) The child has been removed from the parent and has
37 been under the supervision of a local office or probation
38 department for at least fifteen (15) months of the most recent
39 twenty-two (22) months, beginning with the date the child
40 is removed from the home as a result of the child being
41 alleged to be a child in need of services or a delinquent
42 child;
SB 180—LS 6440/DI 148 7
1 (B) that one (1) of the following is true:
2 (i) There is a reasonable probability that the conditions that
3 resulted in the child's removal or the reasons for placement
4 outside the home of the parents will not be remedied.
5 (ii) There is a reasonable probability that the continuation of
6 the parent-child relationship poses a threat to the well-being
7 of the child.
8 (iii) The child has, on two (2) separate occasions, been
9 adjudicated a child in need of services;
10 (C) that termination is in the best interests of the child; and
11 (D) that there is a satisfactory plan for the care and treatment
12 of the child.
13 (3) If the department intends to file a motion to dismiss under
14 section 4.5 of this chapter, the petition must indicate whether at
15 least one (1) of the factors listed in section 4.5(d)(1) through
16 4.5(d)(4) of this chapter applies and specify each factor that
17 would apply as the basis for filing a motion to dismiss the
18 petition.
19 (c) At the time the petitioner files the verified petition described in
20 subsection (b) with the juvenile or probate court, the petitioner shall
21 also file a:
22 (1) copy of the order approving the permanency plan under
23 IC 31-34-21-7 for the child; or
24 (2) permanency plan for the child as described by
25 IC 31-34-21-7.5.
26 SECTION 9. IC 31-40-1-2, AS AMENDED BY P.L.48-2012,
27 SECTION 75, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
28 JULY 1, 2022]: Sec. 2. (a) Except as otherwise provided in this section
29 and subject to:
30 (1) this chapter; and
31 (2) any other provisions of IC 31-34, IC 31-37, or other applicable
32 law relating to the particular program, activity, or service for
33 which payment is made by or through the department;
34 the department shall pay the cost of any child services provided by or
35 through the department for any child or the child's parent, guardian, or
36 custodian.
37 (b) The department shall pay the cost of returning a child under
38 IC 31-37-23 or IC 11-13-4.5-1.5.
39 (c) Except as provided under section 2.5 of this chapter, the
40 department is not responsible for payment of any costs of secure
41 detention.
42 (d) The department is not responsible for the payment of any costs
SB 180—LS 6440/DI 148 8
1 or expenses for child services for a child placed in a child caring
2 institution, a group home, or a private secure facility if the entity does
3 not have an executed contract with the department, unless the child
4 services to be provided by the entity are recommended or approved by
5 the director of the department or the director's designee in writing prior
6 to the placement.
7 (e) The department is not responsible for payment of any costs or
8 expenses for housing or services provided to or for the benefit of a
9 child placed by a juvenile court in a home or facility located outside
10 Indiana, if the placement is not recommended or approved by the
11 director of the department or the director's designee.
12 (f) If a county is responsible for the payment of:
13 (1) any costs or expenses of services for or the placement of a
14 child in need of services; or
15 (2) the costs or expenses of services for or the placement of a
16 delinquent child;
17 the court may order the parents to reimburse the county as set forth in
18 section 3.8 of this chapter.
19 (g) If the juvenile court finds that a parent or guardian can
20 afford, at least in part, the fees of an attorney appointed under
21 IC 31-32-4-2 or IC 31-32-4-3:
22 (1) the juvenile court shall order the parent or guardian to
23 pay:
24 (A) the appointed attorney; or
25 (B) the county;
26 through the court clerk; and
27 (2) the amount that the juvenile court orders the parent or
28 guardian to pay must not cause substantial hardship to the
29 child's family.
30 (h) An order under subsection (g) may be enforced by a civil
31 judgment. Failure to pay the order is not grounds for contempt.
32 SECTION 10. IC 31-40-3-1 IS AMENDED TO READ AS
33 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 1. Subject to
34 IC 31-40-1-3, juvenile court may order the parent or guardian of the
35 estate of any child for whom a guardian ad litem, or court appointed
36 special advocate, or an attorney is appointed to pay to the probation
37 department a user fee of not more than one hundred dollars ($100) for
38 deposit by the probation department in:
39 (1) the guardian ad litem fund if a guardian ad litem has been
40 appointed; or
41 (2) the court appointed special advocate fund if a court appointed
42 special advocate has been appointed; or
SB 180—LS 6440/DI 148 9
1 (3) the juvenile court appointed attorney fund if an attorney
2 has been appointed.
3 SECTION 11. IC 31-40-3-3 IS AMENDED TO READ AS
4 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 3. Money remaining in
5 the:
6 (1) guardian ad litem fund; or
7 (2) court appointed special advocate fund; or
8 (3) juvenile court appointed attorney fund;
9 at the end of the county's fiscal year does not revert to any other fund
10 but continues in the guardian ad litem fund, or court appointed special
11 advocate fund, or juvenile court appointed attorney fund.
SB 180—LS 6440/DI 148 10
COMMITTEE REPORT
Madam President: The Senate Committee on Family and Children
Services, to which was referred Senate Bill No. 180, has had the same
under consideration and begs leave to report the same back to the
Senate with the recommendation that said bill be AMENDED as
follows:
Page 1, strike lines 10 through 11.
Page 1, line 12, strike "(d)" and insert "(c)".
Page 1, line 17, strike "(e)" and insert "(d)".
Page 2, between lines 1 and 2, begin a new paragraph and insert:
"SECTION 2. IC 31-31-11 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOW [EFFECTIVE JULY
1, 2022]:
Chapter 11. Court Appointed Attorneys for Children
Sec. 1. (a) As used in this chapter, "commission" means the
commission for court appointed attorneys for children established
by section 2 of this chapter.
(b) As used in this chapter, "juvenile court appointed attorney
program" means a system for appointing an attorney for a child
under IC 31-32-4-1.
Sec. 2. The commission for court appointed attorneys for
children is established.
Sec. 3. The commission is composed of the following eleven (11)
members, none of whom may be a law enforcement officer or a
court employee:
(1) Three (3) members appointed by the governor, with not
more than two (2) of these individuals belonging to the same
political party.
(2) Three (3) members appointed by the chief justice of the
supreme court, with not more than two (2) of these individuals
belonging to the same political party.
(3) One (1) member appointed by the board of trustees of the
Indiana criminal justice institute, who is an attorney admitted
to practice law in Indiana.
(4) Two (2) members of the house of representatives to be
appointed by the speaker of the house of representatives. The
members appointed under this subdivision may not be from
the same political party.
(5) Two (2) members of the senate, to be appointed by the
president pro tempore of the senate. The members appointed
under this subdivision may not be from the same political
party.
SB 180—LS 6440/DI 148 11
Sec. 4. (a) The members of the commission shall designate one
(1) member of the department as chairperson.
(b) The term of office of each member of the commission is four
(4) years. A vacancy occurring among the members of the
commission before the expiration of a term must be filled in the
same manner as the original appointment. An appointment to fill
a vacancy occurring before the expiration of a term is for the
remainder of the unexpired term.
(c) Each member of the commission who is a state employee is
entitled to reimbursement for traveling expenses and other
expenses actually incurred in connection with the member's duties,
as provided in the state travel policies and procedures established
by the Indiana department of administration and approved by the
budget agency.
(d) A member of the commission who is not a state employee is
entitled to:
(1) the minimum salary per diem provided by
IC 4-10-11-2.1(b); and
(2) reimbursement for traveling expenses and other expenses
actually incurred in connection with the member's duties, as
provided in the state travel policies and procedures
established by the Indiana department of administration and
approved by the budget agency.
(e) The commission shall meet at least quarterly and at times
called by the chairperson or at the request of three (3) commission
members.
Sec. 5. The commission shall do the following:
(1) Make recommendations to the supreme court concerning
standards for juvenile court appointed attorney programs,
including the following:
(A) Determining eligibility for legal representation.
(B) Selection and qualifications of attorneys to represent
children under IC 31-32-4 at public expense.
(C) Determining conflicts of interest.
(D) Investigative, clerical, and other support services
necessary to provide adequate legal representation.
(2) Adopt guidelines and standards for juvenile court
appointed attorney programs under which the counties will be
eligible for reimbursement under this chapter, including the
following:
(A) The issuance and enforcement of orders requiring the
parent or guardian to pay for the cost for services.
SB 180—LS 6440/DI 148 12
(B) Qualifications for an attorney to represent a child
under IC 31-32-4 at the public expense.
(C) Compensation rates for salaried, contractual, and
assigned attorneys.
(D) Minimum and maximum caseloads of attorneys.
(3) Make an annual report to the governor, the general
assembly, and the supreme court regarding the operation of
the juvenile court appointed attorney fund.
The report to the general assembly under subdivision (3) must be
in an electronic format under IC 5-14-6.
Sec. 6. The commission shall hire staff and may enter into
contracts for any additional staff support that the commission
determines is necessary to implement this section.
Sec. 7. (a) The juvenile court appointed attorney fund is
established.
(b) The commission shall administer the fund.
(c) The treasurer of state shall invest money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public funds may be invested.
(d) Money in the fund at the end of a fiscal year does not revert
to the state general fund.
(e) A county may submit on a quarterly basis a certified request
to the commission for reimbursement from the juvenile court
appointed attorney fund for an amount equal to fifty percent
(50%) of the county's expenditures for attorney services provided
to a child under IC 31-32-4-1.".
Page 2, line 10, delete "must be".
Page 2, line 11, delete "an attorney;" and insert "may not be the
child's attorney;".
Page 2, line 15, delete "The" and insert "(a) Subject to subsection
(b), the".
Page 2, between lines 25 and 26, begin a new paragraph and insert:
"(b) In a proceeding described in subsection (a) that involves
siblings, the juvenile court shall appoint only one (1) attorney to
represent the siblings.".
Page 2, line 34, reset in roman "and".
Page 2, line 36, delete "and".
Page 2, delete line 37.
Page 3, delete lines 23 through 32.
Page 4, between lines 3 and 4, begin a new paragraph and insert:
"SECTION 7. IC 31-35-2-4, AS AMENDED BY P.L.258-2019,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
SB 180—LS 6440/DI 148 13
JULY 1, 2022]: Sec. 4. (a) A petition to terminate the parent-child
relationship involving a delinquent child or a child in need of services
may be signed and filed with the juvenile or probate court by any of the
following:
(1) The attorney for the department.
(2) The child's court appointed special advocate.
(3) The child's guardian ad litem.
(4) The child's attorney.
(b) The petition must meet the following requirements:
(1) The petition must be entitled "In the Matter of the Termination
of the Parent-Child Relationship of ___________, a child, and
____________, the child's parent (or parents)".
(2) The petition must allege:
(A) that one (1) of the following is true:
(i) The child has been removed from the parent for at least
six (6) months under a dispositional decree.
(ii) A court has entered a finding under IC 31-34-21-5.6 that
reasonable efforts for family preservation or reunification
are not required, including a description of the court's
finding, the date of the finding, and the manner in which the
finding was made.
(iii) The child has been removed from the parent and has
been under the supervision of a local office or probation
department for at least fifteen (15) months of the most recent
twenty-two (22) months, beginning with the date the child
is removed from the home as a result of the child being
alleged to be a child in need of services or a delinquent
child;
(B) that one (1) of the following is true:
(i) There is a reasonable probability that the conditions that
resulted in the child's removal or the reasons for placement
outside the home of the parents will not be remedied.
(ii) There is a reasonable probability that the continuation of
the parent-child relationship poses a threat to the well-being
of the child.
(iii) The child has, on two (2) separate occasions, been
adjudicated a child in need of services;
(C) that termination is in the best interests of the child; and
(D) that there is a satisfactory plan for the care and treatment
of the child.
(3) If the department intends to file a motion to dismiss under
section 4.5 of this chapter, the petition must indicate whether at
SB 180—LS 6440/DI 148 14
least one (1) of the factors listed in section 4.5(d)(1) through
4.5(d)(4) of this chapter applies and specify each factor that
would apply as the basis for filing a motion to dismiss the
petition.
(c) At the time the petitioner files the verified petition described in
subsection (b) with the juvenile or probate court, the petitioner shall
also file a:
(1) copy of the order approving the permanency plan under
IC 31-34-21-7 for the child; or
(2) permanency plan for the child as described by
IC 31-34-21-7.5.".
Page 5, after line 9, begin a new paragraph and insert:
"SECTION 9. IC 31-40-3-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 1. Subject to
IC 31-40-1-3, juvenile court may order the parent or guardian of the
estate of any child for whom a guardian ad litem, or court appointed
special advocate, or an attorney is appointed to pay to the probation
department a user fee of not more than one hundred dollars ($100) for
deposit by the probation department in:
(1) the guardian ad litem fund if a guardian ad litem has been
appointed; or
(2) the court appointed special advocate fund if a court appointed
special advocate has been appointed; or
(3) the juvenile court appointed attorney fund if an attorney
has been appointed.
SECTION 11. IC 31-40-3-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 3. Money remaining in
the:
(1) guardian ad litem fund; or
(2) court appointed special advocate fund; or
(3) juvenile court appointed attorney fund;
at the end of the county's fiscal year does not revert to any other fund
but continues in the guardian ad litem fund, or court appointed special
advocate fund, or juvenile court appointed attorney fund.".
Renumber all SECTIONS consecutively.
SB 180—LS 6440/DI 148 15
and when so amended that said bill do pass and be reassigned to the
Senate Committee on Appropriations.
(Reference is to SB 180 as introduced.)
ROGERS, Chairperson
Committee Vote: Yeas 9, Nays 0.
SB 180—LS 6440/DI 148