IN
Indiana Senate Bill SB0180

Indiana 2022 Regular Session

Indiana Senate Bill SB0180 Compare Versions

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1-*SB0180.2*
2-January 21, 2022
1+*SB0180.1*
2+January 12, 2022
33 SENATE BILL No. 180
44 _____
5-DIGEST OF SB 180 (Updated January 20, 2022 11:57 am - DI 129)
6-Citations Affected: Noncode.
7-Synopsis: Interim study committee. Requests that the legislative
8-council assign to the interim study committee on child services the
9-topic of studying a requirement for and funding of court appointed
10-attorneys in certain cases involving juveniles.
11-Effective: Upon passage.
12-Ford Jon, Garten, Gaskill, Qaddoura,
13-Ford J.D.
5+DIGEST OF SB 180 (Updated January 10, 2022 12:49 pm - DI 148)
6+Citations Affected: IC 12-26; IC 31-31; IC 31-32; IC 31-35; IC 31-40.
7+Synopsis: Juvenile court appointed attorney for child. Requires an
8+appointed attorney in certain types of juvenile court cases. Requires the
9+juvenile court to appoint the attorney before the first hearing. Allows
10+the juvenile court to order a parent or guardian to pay for an appointed
11+attorney's fees to the extent that the amount the parent or guardian is
12+ordered to pay will not cause a substantial hardship to the child's
13+family. Provides that a guardian ad litem may not be the child's attorney
14+if the petition for child in need of services (CHINS) alleges abuse or
15+neglect. Establishes the commission for court appointed attorneys for
16+children (commission). Requires the commission to report annually to
17+the governor, general assembly, and supreme court regarding topics
18+related to provision of counsel for children in juvenile court
19+proceedings. Establishes the juvenile court appointed attorneys fund.
20+Provides that a juvenile court shall appoint one attorney for siblings
21+who are the subject of a child in need of services proceeding, juvenile
22+delinquency proceeding, or proceeding to terminate the parent-child
23+relationship. Provides that a child's attorney may sign a petition to
24+terminate the parent-child relationship with regard to the child. Adds
25+users fees for the appointment of a juvenile court appointed attorney.
26+Effective: July 1, 2022.
27+Ford Jon
1428 January 6, 2022, read first time and referred to Committee on Family and Children
1529 Services.
1630 January 11, 2022, amended, reported favorably — Do Pass; reassigned to Committee on
1731 Appropriations.
18-January 20, 2022, amended, reported favorably — Do Pass.
19-SB 180—LS 6440/DI 148 January 21, 2022
32+SB 180—LS 6440/DI 148 January 12, 2022
2033 Second Regular Session of the 122nd General Assembly (2022)
2134 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
2235 Constitution) is being amended, the text of the existing provision will appear in this style type,
2336 additions will appear in this style type, and deletions will appear in this style type.
2437 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
2538 provision adopted), the text of the new provision will appear in this style type. Also, the
2639 word NEW will appear in that style type in the introductory clause of each SECTION that adds
2740 a new provision to the Indiana Code or the Indiana Constitution.
2841 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
2942 between statutes enacted by the 2021 Regular Session of the General Assembly.
3043 SENATE BILL No. 180
31-A BILL FOR AN ACT concerning family law and juvenile law.
44+A BILL FOR AN ACT to amend the Indiana Code concerning
45+family law and juvenile law.
3246 Be it enacted by the General Assembly of the State of Indiana:
33-1 SECTION 1. [EFFECTIVE UPON PASSAGE] (a) As used in this
34-2 SECTION, "committee" refers to the interim study committee on
35-3 child services established by IC 2-5-1.3-4(18).
36-4 (b) The legislative council is urged to assign to the committee the
37-5 topic of studying a requirement for and funding of court appointed
38-6 attorneys in certain cases involving juveniles.
39-7 (c) This SECTION expires January 1, 2023.
40-8 SECTION 2. An emergency is declared for this act.
47+1 SECTION 1. IC 12-26-8-1 IS AMENDED TO READ AS
48+2 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 1. (a) A juvenile court
49+3 that conducts a proceeding under this article shall appoint:
50+4 (1) a court appointed special advocate, a guardian ad litem, or
51+5 both; and
52+6 (2) an attorney if counsel has not been previously appointed
53+7 or retained;
54+8 for the child before the court begins a proceeding under this article.
55+9 (b) An advocate is not required to be an attorney.
56+10 (c) An attorney representing the child may be appointed as the
57+11 child's advocate.
58+12 (d) (c) The court may not appoint any of the following to be a child's
59+13 advocate:
60+14 (1) A party to the proceeding.
61+15 (2) An employee of a party to the proceeding.
62+16 (3) A representative of a party to the proceeding.
63+17 (e) (d) An advocate shall represent and protect the best interests of
4164 SB 180—LS 6440/DI 148 2
65+1 the child.
66+2 SECTION 2. IC 31-31-11 IS ADDED TO THE INDIANA CODE
67+3 AS A NEW CHAPTER TO READ AS FOLLOW [EFFECTIVE JULY
68+4 1, 2022]:
69+5 Chapter 11. Court Appointed Attorneys for Children
70+6 Sec. 1. (a) As used in this chapter, "commission" means the
71+7 commission for court appointed attorneys for children established
72+8 by section 2 of this chapter.
73+9 (b) As used in this chapter, "juvenile court appointed attorney
74+10 program" means a system for appointing an attorney for a child
75+11 under IC 31-32-4-1.
76+12 Sec. 2. The commission for court appointed attorneys for
77+13 children is established.
78+14 Sec. 3. The commission is composed of the following eleven (11)
79+15 members, none of whom may be a law enforcement officer or a
80+16 court employee:
81+17 (1) Three (3) members appointed by the governor, with not
82+18 more than two (2) of these individuals belonging to the same
83+19 political party.
84+20 (2) Three (3) members appointed by the chief justice of the
85+21 supreme court, with not more than two (2) of these individuals
86+22 belonging to the same political party.
87+23 (3) One (1) member appointed by the board of trustees of the
88+24 Indiana criminal justice institute, who is an attorney admitted
89+25 to practice law in Indiana.
90+26 (4) Two (2) members of the house of representatives to be
91+27 appointed by the speaker of the house of representatives. The
92+28 members appointed under this subdivision may not be from
93+29 the same political party.
94+30 (5) Two (2) members of the senate, to be appointed by the
95+31 president pro tempore of the senate. The members appointed
96+32 under this subdivision may not be from the same political
97+33 party.
98+34 Sec. 4. (a) The members of the commission shall designate one
99+35 (1) member of the department as chairperson.
100+36 (b) The term of office of each member of the commission is four
101+37 (4) years. A vacancy occurring among the members of the
102+38 commission before the expiration of a term must be filled in the
103+39 same manner as the original appointment. An appointment to fill
104+40 a vacancy occurring before the expiration of a term is for the
105+41 remainder of the unexpired term.
106+42 (c) Each member of the commission who is a state employee is
107+SB 180—LS 6440/DI 148 3
108+1 entitled to reimbursement for traveling expenses and other
109+2 expenses actually incurred in connection with the member's duties,
110+3 as provided in the state travel policies and procedures established
111+4 by the Indiana department of administration and approved by the
112+5 budget agency.
113+6 (d) A member of the commission who is not a state employee is
114+7 entitled to:
115+8 (1) the minimum salary per diem provided by
116+9 IC 4-10-11-2.1(b); and
117+10 (2) reimbursement for traveling expenses and other expenses
118+11 actually incurred in connection with the member's duties, as
119+12 provided in the state travel policies and procedures
120+13 established by the Indiana department of administration and
121+14 approved by the budget agency.
122+15 (e) The commission shall meet at least quarterly and at times
123+16 called by the chairperson or at the request of three (3) commission
124+17 members.
125+18 Sec. 5. The commission shall do the following:
126+19 (1) Make recommendations to the supreme court concerning
127+20 standards for juvenile court appointed attorney programs,
128+21 including the following:
129+22 (A) Determining eligibility for legal representation.
130+23 (B) Selection and qualifications of attorneys to represent
131+24 children under IC 31-32-4 at public expense.
132+25 (C) Determining conflicts of interest.
133+26 (D) Investigative, clerical, and other support services
134+27 necessary to provide adequate legal representation.
135+28 (2) Adopt guidelines and standards for juvenile court
136+29 appointed attorney programs under which the counties will be
137+30 eligible for reimbursement under this chapter, including the
138+31 following:
139+32 (A) The issuance and enforcement of orders requiring the
140+33 parent or guardian to pay for the cost for services.
141+34 (B) Qualifications for an attorney to represent a child
142+35 under IC 31-32-4 at the public expense.
143+36 (C) Compensation rates for salaried, contractual, and
144+37 assigned attorneys.
145+38 (D) Minimum and maximum caseloads of attorneys.
146+39 (3) Make an annual report to the governor, the general
147+40 assembly, and the supreme court regarding the operation of
148+41 the juvenile court appointed attorney fund.
149+42 The report to the general assembly under subdivision (3) must be
150+SB 180—LS 6440/DI 148 4
151+1 in an electronic format under IC 5-14-6.
152+2 Sec. 6. The commission shall hire staff and may enter into
153+3 contracts for any additional staff support that the commission
154+4 determines is necessary to implement this section.
155+5 Sec. 7. (a) The juvenile court appointed attorney fund is
156+6 established.
157+7 (b) The commission shall administer the fund.
158+8 (c) The treasurer of state shall invest money in the fund not
159+9 currently needed to meet the obligations of the fund in the same
160+10 manner as other public funds may be invested.
161+11 (d) Money in the fund at the end of a fiscal year does not revert
162+12 to the state general fund.
163+13 (e) A county may submit on a quarterly basis a certified request
164+14 to the commission for reimbursement from the juvenile court
165+15 appointed attorney fund for an amount equal to fifty percent
166+16 (50%) of the county's expenditures for attorney services provided
167+17 to a child under IC 31-32-4-1.
168+18 SECTION 3. IC 31-32-3-3 IS AMENDED TO READ AS
169+19 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 3. (a) Except as
170+20 provided in subsection (b), a guardian ad litem or court appointed
171+21 special advocate need not be an attorney, but the attorney representing
172+22 the child may be appointed the child's guardian ad litem or court
173+23 appointed special advocate.
174+24 (b) If a child in need of services petition alleges that a child is
175+25 abused or neglected:
176+26 (1) the child's guardian ad litem or special advocate may not
177+27 be the child's attorney; and
178+28 (2) the attorney who files the petition may not be appointed as
179+29 the child's guardian ad litem or special advocate.
180+30 SECTION 4. IC 31-32-4-1 IS AMENDED TO READ AS
181+31 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 1. (a) Subject to
182+32 subsection (b), the following persons are entitled to be represented by
183+33 counsel:
184+34 (1) A child charged with a delinquent act, as provided by
185+35 IC 31-32-2-2. in the following proceedings:
186+36 (A) Child in need of services, under IC 31-34.
187+37 (B) Termination of parent-child relationship, under
188+38 IC 31-35.
189+39 (C) Delinquency, under IC 31-37.
190+40 (2) A parent, in a proceeding to terminate the parent-child
191+41 relationship, as provided by IC 31-32-2-5.
192+42 (3) Any other person designated by law.
193+SB 180—LS 6440/DI 148 5
194+1 (b) In a proceeding described in subsection (a) that involves
195+2 siblings, the juvenile court shall appoint only one (1) attorney to
196+3 represent the siblings.
197+4 SECTION 5. IC 31-32-4-2 IS AMENDED TO READ AS
198+5 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 2. (a) If:
199+6 (1) a child alleged to be a delinquent child in a proceeding for:
200+7 (A) child in need of services, under IC 31-34;
201+8 (B) termination of parent-child relationship, under
202+9 IC 31-35; or
203+10 (C) delinquency, under IC 31-37;
204+11 does not have an attorney who may represent the child without a
205+12 conflict of interest; and
206+13 (2) the child has not lawfully waived the child's right to counsel
207+14 under IC 31-32-5; (or IC 31-6-7-3 before its repeal);
208+15 the juvenile court shall appoint counsel for the child at the detention
209+16 hearing or at the initial hearing, whichever occurs first, or at any earlier
210+17 time. before the first hearing.
211+18 (b) The court may appoint counsel to represent any child in any
212+19 other proceeding.
213+20 (c) An attorney appointed under this section:
214+21 (1) shall represent the child at all stages of the proceedings;
215+22 and
216+23 (2) may not withdraw solely because the child's parent or
217+24 guardian fails to obey an order under IC 31-40-1-2(g).
218+25 SECTION 6. IC 31-32-4-3 IS AMENDED TO READ AS
219+26 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 3. (a) If:
220+27 (1) a parent in proceedings to terminate the parent-child
221+28 relationship does not have an attorney who may represent the
222+29 parent without a conflict of interest; and
223+30 (2) the parent has not lawfully waived the parent's right to counsel
224+31 under IC 31-32-5; (or IC 31-6-7-3 before its repeal); and
225+32 (3) the parent is found to be indigent;
226+33 the juvenile court shall appoint counsel for the parent at the initial
227+34 hearing or at any earlier time. before the first hearing.
228+35 (b) The court may appoint counsel to represent any parent in any
229+36 other proceeding.
230+37 (c) An attorney appointed under this section:
231+38 (1) shall represent the parent at all stages of the proceedings;
232+39 and
233+40 (2) may not withdraw solely because the parent or guardian
234+41 fails to obey an order under IC 31-40-1-2(g).
235+42 SECTION 7. IC 31-32-4-6 IS ADDED TO THE INDIANA CODE
236+SB 180—LS 6440/DI 148 6
237+1 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
238+2 1, 2022]: Sec. 6. (a) Except as provided in subsection (c), an
239+3 attorney appointed to represent a child under this chapter shall
240+4 meet with the child:
241+5 (1) before the preliminary protective hearing, if possible; or
242+6 (2) within fourteen (14) days after the preliminary protective
243+7 hearing.
244+8 (b) The attorney shall meet with the child before all substantive
245+9 hearings.
246+10 (c) A judge may modify the requirements under this section for
247+11 purposes of a substantive hearing if extraordinary circumstances
248+12 exist.
249+13 SECTION 8. IC 31-35-2-4, AS AMENDED BY P.L.258-2019,
250+14 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
251+15 JULY 1, 2022]: Sec. 4. (a) A petition to terminate the parent-child
252+16 relationship involving a delinquent child or a child in need of services
253+17 may be signed and filed with the juvenile or probate court by any of the
254+18 following:
255+19 (1) The attorney for the department.
256+20 (2) The child's court appointed special advocate.
257+21 (3) The child's guardian ad litem.
258+22 (4) The child's attorney.
259+23 (b) The petition must meet the following requirements:
260+24 (1) The petition must be entitled "In the Matter of the Termination
261+25 of the Parent-Child Relationship of ___________, a child, and
262+26 ____________, the child's parent (or parents)".
263+27 (2) The petition must allege:
264+28 (A) that one (1) of the following is true:
265+29 (i) The child has been removed from the parent for at least
266+30 six (6) months under a dispositional decree.
267+31 (ii) A court has entered a finding under IC 31-34-21-5.6 that
268+32 reasonable efforts for family preservation or reunification
269+33 are not required, including a description of the court's
270+34 finding, the date of the finding, and the manner in which the
271+35 finding was made.
272+36 (iii) The child has been removed from the parent and has
273+37 been under the supervision of a local office or probation
274+38 department for at least fifteen (15) months of the most recent
275+39 twenty-two (22) months, beginning with the date the child
276+40 is removed from the home as a result of the child being
277+41 alleged to be a child in need of services or a delinquent
278+42 child;
279+SB 180—LS 6440/DI 148 7
280+1 (B) that one (1) of the following is true:
281+2 (i) There is a reasonable probability that the conditions that
282+3 resulted in the child's removal or the reasons for placement
283+4 outside the home of the parents will not be remedied.
284+5 (ii) There is a reasonable probability that the continuation of
285+6 the parent-child relationship poses a threat to the well-being
286+7 of the child.
287+8 (iii) The child has, on two (2) separate occasions, been
288+9 adjudicated a child in need of services;
289+10 (C) that termination is in the best interests of the child; and
290+11 (D) that there is a satisfactory plan for the care and treatment
291+12 of the child.
292+13 (3) If the department intends to file a motion to dismiss under
293+14 section 4.5 of this chapter, the petition must indicate whether at
294+15 least one (1) of the factors listed in section 4.5(d)(1) through
295+16 4.5(d)(4) of this chapter applies and specify each factor that
296+17 would apply as the basis for filing a motion to dismiss the
297+18 petition.
298+19 (c) At the time the petitioner files the verified petition described in
299+20 subsection (b) with the juvenile or probate court, the petitioner shall
300+21 also file a:
301+22 (1) copy of the order approving the permanency plan under
302+23 IC 31-34-21-7 for the child; or
303+24 (2) permanency plan for the child as described by
304+25 IC 31-34-21-7.5.
305+26 SECTION 9. IC 31-40-1-2, AS AMENDED BY P.L.48-2012,
306+27 SECTION 75, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
307+28 JULY 1, 2022]: Sec. 2. (a) Except as otherwise provided in this section
308+29 and subject to:
309+30 (1) this chapter; and
310+31 (2) any other provisions of IC 31-34, IC 31-37, or other applicable
311+32 law relating to the particular program, activity, or service for
312+33 which payment is made by or through the department;
313+34 the department shall pay the cost of any child services provided by or
314+35 through the department for any child or the child's parent, guardian, or
315+36 custodian.
316+37 (b) The department shall pay the cost of returning a child under
317+38 IC 31-37-23 or IC 11-13-4.5-1.5.
318+39 (c) Except as provided under section 2.5 of this chapter, the
319+40 department is not responsible for payment of any costs of secure
320+41 detention.
321+42 (d) The department is not responsible for the payment of any costs
322+SB 180—LS 6440/DI 148 8
323+1 or expenses for child services for a child placed in a child caring
324+2 institution, a group home, or a private secure facility if the entity does
325+3 not have an executed contract with the department, unless the child
326+4 services to be provided by the entity are recommended or approved by
327+5 the director of the department or the director's designee in writing prior
328+6 to the placement.
329+7 (e) The department is not responsible for payment of any costs or
330+8 expenses for housing or services provided to or for the benefit of a
331+9 child placed by a juvenile court in a home or facility located outside
332+10 Indiana, if the placement is not recommended or approved by the
333+11 director of the department or the director's designee.
334+12 (f) If a county is responsible for the payment of:
335+13 (1) any costs or expenses of services for or the placement of a
336+14 child in need of services; or
337+15 (2) the costs or expenses of services for or the placement of a
338+16 delinquent child;
339+17 the court may order the parents to reimburse the county as set forth in
340+18 section 3.8 of this chapter.
341+19 (g) If the juvenile court finds that a parent or guardian can
342+20 afford, at least in part, the fees of an attorney appointed under
343+21 IC 31-32-4-2 or IC 31-32-4-3:
344+22 (1) the juvenile court shall order the parent or guardian to
345+23 pay:
346+24 (A) the appointed attorney; or
347+25 (B) the county;
348+26 through the court clerk; and
349+27 (2) the amount that the juvenile court orders the parent or
350+28 guardian to pay must not cause substantial hardship to the
351+29 child's family.
352+30 (h) An order under subsection (g) may be enforced by a civil
353+31 judgment. Failure to pay the order is not grounds for contempt.
354+32 SECTION 10. IC 31-40-3-1 IS AMENDED TO READ AS
355+33 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 1. Subject to
356+34 IC 31-40-1-3, juvenile court may order the parent or guardian of the
357+35 estate of any child for whom a guardian ad litem, or court appointed
358+36 special advocate, or an attorney is appointed to pay to the probation
359+37 department a user fee of not more than one hundred dollars ($100) for
360+38 deposit by the probation department in:
361+39 (1) the guardian ad litem fund if a guardian ad litem has been
362+40 appointed; or
363+41 (2) the court appointed special advocate fund if a court appointed
364+42 special advocate has been appointed; or
365+SB 180—LS 6440/DI 148 9
366+1 (3) the juvenile court appointed attorney fund if an attorney
367+2 has been appointed.
368+3 SECTION 11. IC 31-40-3-3 IS AMENDED TO READ AS
369+4 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 3. Money remaining in
370+5 the:
371+6 (1) guardian ad litem fund; or
372+7 (2) court appointed special advocate fund; or
373+8 (3) juvenile court appointed attorney fund;
374+9 at the end of the county's fiscal year does not revert to any other fund
375+10 but continues in the guardian ad litem fund, or court appointed special
376+11 advocate fund, or juvenile court appointed attorney fund.
377+SB 180—LS 6440/DI 148 10
42378 COMMITTEE REPORT
43379 Madam President: The Senate Committee on Family and Children
44380 Services, to which was referred Senate Bill No. 180, has had the same
45381 under consideration and begs leave to report the same back to the
46382 Senate with the recommendation that said bill be AMENDED as
47383 follows:
48384 Page 1, strike lines 10 through 11.
49385 Page 1, line 12, strike "(d)" and insert "(c)".
50386 Page 1, line 17, strike "(e)" and insert "(d)".
51387 Page 2, between lines 1 and 2, begin a new paragraph and insert:
52388 "SECTION 2. IC 31-31-11 IS ADDED TO THE INDIANA CODE
53389 AS A NEW CHAPTER TO READ AS FOLLOW [EFFECTIVE JULY
54390 1, 2022]:
55391 Chapter 11. Court Appointed Attorneys for Children
56392 Sec. 1. (a) As used in this chapter, "commission" means the
57393 commission for court appointed attorneys for children established
58394 by section 2 of this chapter.
59395 (b) As used in this chapter, "juvenile court appointed attorney
60396 program" means a system for appointing an attorney for a child
61397 under IC 31-32-4-1.
62398 Sec. 2. The commission for court appointed attorneys for
63399 children is established.
64400 Sec. 3. The commission is composed of the following eleven (11)
65401 members, none of whom may be a law enforcement officer or a
66402 court employee:
67403 (1) Three (3) members appointed by the governor, with not
68404 more than two (2) of these individuals belonging to the same
69405 political party.
70406 (2) Three (3) members appointed by the chief justice of the
71407 supreme court, with not more than two (2) of these individuals
72408 belonging to the same political party.
73409 (3) One (1) member appointed by the board of trustees of the
74410 Indiana criminal justice institute, who is an attorney admitted
75411 to practice law in Indiana.
76412 (4) Two (2) members of the house of representatives to be
77413 appointed by the speaker of the house of representatives. The
78414 members appointed under this subdivision may not be from
79415 the same political party.
80416 (5) Two (2) members of the senate, to be appointed by the
81417 president pro tempore of the senate. The members appointed
82418 under this subdivision may not be from the same political
83419 party.
84-SB 180—LS 6440/DI 148 3
420+SB 180—LS 6440/DI 148 11
85421 Sec. 4. (a) The members of the commission shall designate one
86422 (1) member of the department as chairperson.
87423 (b) The term of office of each member of the commission is four
88424 (4) years. A vacancy occurring among the members of the
89425 commission before the expiration of a term must be filled in the
90426 same manner as the original appointment. An appointment to fill
91427 a vacancy occurring before the expiration of a term is for the
92428 remainder of the unexpired term.
93429 (c) Each member of the commission who is a state employee is
94430 entitled to reimbursement for traveling expenses and other
95431 expenses actually incurred in connection with the member's duties,
96432 as provided in the state travel policies and procedures established
97433 by the Indiana department of administration and approved by the
98434 budget agency.
99435 (d) A member of the commission who is not a state employee is
100436 entitled to:
101437 (1) the minimum salary per diem provided by
102438 IC 4-10-11-2.1(b); and
103439 (2) reimbursement for traveling expenses and other expenses
104440 actually incurred in connection with the member's duties, as
105441 provided in the state travel policies and procedures
106442 established by the Indiana department of administration and
107443 approved by the budget agency.
108444 (e) The commission shall meet at least quarterly and at times
109445 called by the chairperson or at the request of three (3) commission
110446 members.
111447 Sec. 5. The commission shall do the following:
112448 (1) Make recommendations to the supreme court concerning
113449 standards for juvenile court appointed attorney programs,
114450 including the following:
115451 (A) Determining eligibility for legal representation.
116452 (B) Selection and qualifications of attorneys to represent
117453 children under IC 31-32-4 at public expense.
118454 (C) Determining conflicts of interest.
119455 (D) Investigative, clerical, and other support services
120456 necessary to provide adequate legal representation.
121457 (2) Adopt guidelines and standards for juvenile court
122458 appointed attorney programs under which the counties will be
123459 eligible for reimbursement under this chapter, including the
124460 following:
125461 (A) The issuance and enforcement of orders requiring the
126462 parent or guardian to pay for the cost for services.
127-SB 180—LS 6440/DI 148 4
463+SB 180—LS 6440/DI 148 12
128464 (B) Qualifications for an attorney to represent a child
129465 under IC 31-32-4 at the public expense.
130466 (C) Compensation rates for salaried, contractual, and
131467 assigned attorneys.
132468 (D) Minimum and maximum caseloads of attorneys.
133469 (3) Make an annual report to the governor, the general
134470 assembly, and the supreme court regarding the operation of
135471 the juvenile court appointed attorney fund.
136472 The report to the general assembly under subdivision (3) must be
137473 in an electronic format under IC 5-14-6.
138474 Sec. 6. The commission shall hire staff and may enter into
139475 contracts for any additional staff support that the commission
140476 determines is necessary to implement this section.
141477 Sec. 7. (a) The juvenile court appointed attorney fund is
142478 established.
143479 (b) The commission shall administer the fund.
144480 (c) The treasurer of state shall invest money in the fund not
145481 currently needed to meet the obligations of the fund in the same
146482 manner as other public funds may be invested.
147483 (d) Money in the fund at the end of a fiscal year does not revert
148484 to the state general fund.
149485 (e) A county may submit on a quarterly basis a certified request
150486 to the commission for reimbursement from the juvenile court
151487 appointed attorney fund for an amount equal to fifty percent
152488 (50%) of the county's expenditures for attorney services provided
153489 to a child under IC 31-32-4-1.".
154490 Page 2, line 10, delete "must be".
155491 Page 2, line 11, delete "an attorney;" and insert "may not be the
156492 child's attorney;".
157493 Page 2, line 15, delete "The" and insert "(a) Subject to subsection
158494 (b), the".
159495 Page 2, between lines 25 and 26, begin a new paragraph and insert:
160496 "(b) In a proceeding described in subsection (a) that involves
161497 siblings, the juvenile court shall appoint only one (1) attorney to
162498 represent the siblings.".
163499 Page 2, line 34, reset in roman "and".
164500 Page 2, line 36, delete "and".
165501 Page 2, delete line 37.
166502 Page 3, delete lines 23 through 32.
167503 Page 4, between lines 3 and 4, begin a new paragraph and insert:
168504 "SECTION 7. IC 31-35-2-4, AS AMENDED BY P.L.258-2019,
169505 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
170-SB 180—LS 6440/DI 148 5
506+SB 180—LS 6440/DI 148 13
171507 JULY 1, 2022]: Sec. 4. (a) A petition to terminate the parent-child
172508 relationship involving a delinquent child or a child in need of services
173509 may be signed and filed with the juvenile or probate court by any of the
174510 following:
175511 (1) The attorney for the department.
176512 (2) The child's court appointed special advocate.
177513 (3) The child's guardian ad litem.
178514 (4) The child's attorney.
179515 (b) The petition must meet the following requirements:
180516 (1) The petition must be entitled "In the Matter of the Termination
181517 of the Parent-Child Relationship of ___________, a child, and
182518 ____________, the child's parent (or parents)".
183519 (2) The petition must allege:
184520 (A) that one (1) of the following is true:
185521 (i) The child has been removed from the parent for at least
186522 six (6) months under a dispositional decree.
187523 (ii) A court has entered a finding under IC 31-34-21-5.6 that
188524 reasonable efforts for family preservation or reunification
189525 are not required, including a description of the court's
190526 finding, the date of the finding, and the manner in which the
191527 finding was made.
192528 (iii) The child has been removed from the parent and has
193529 been under the supervision of a local office or probation
194530 department for at least fifteen (15) months of the most recent
195531 twenty-two (22) months, beginning with the date the child
196532 is removed from the home as a result of the child being
197533 alleged to be a child in need of services or a delinquent
198534 child;
199535 (B) that one (1) of the following is true:
200536 (i) There is a reasonable probability that the conditions that
201537 resulted in the child's removal or the reasons for placement
202538 outside the home of the parents will not be remedied.
203539 (ii) There is a reasonable probability that the continuation of
204540 the parent-child relationship poses a threat to the well-being
205541 of the child.
206542 (iii) The child has, on two (2) separate occasions, been
207543 adjudicated a child in need of services;
208544 (C) that termination is in the best interests of the child; and
209545 (D) that there is a satisfactory plan for the care and treatment
210546 of the child.
211547 (3) If the department intends to file a motion to dismiss under
212548 section 4.5 of this chapter, the petition must indicate whether at
213-SB 180—LS 6440/DI 148 6
549+SB 180—LS 6440/DI 148 14
214550 least one (1) of the factors listed in section 4.5(d)(1) through
215551 4.5(d)(4) of this chapter applies and specify each factor that
216552 would apply as the basis for filing a motion to dismiss the
217553 petition.
218554 (c) At the time the petitioner files the verified petition described in
219555 subsection (b) with the juvenile or probate court, the petitioner shall
220556 also file a:
221557 (1) copy of the order approving the permanency plan under
222558 IC 31-34-21-7 for the child; or
223559 (2) permanency plan for the child as described by
224560 IC 31-34-21-7.5.".
225561 Page 5, after line 9, begin a new paragraph and insert:
226562 "SECTION 9. IC 31-40-3-1 IS AMENDED TO READ AS
227563 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 1. Subject to
228564 IC 31-40-1-3, juvenile court may order the parent or guardian of the
229565 estate of any child for whom a guardian ad litem, or court appointed
230566 special advocate, or an attorney is appointed to pay to the probation
231567 department a user fee of not more than one hundred dollars ($100) for
232568 deposit by the probation department in:
233569 (1) the guardian ad litem fund if a guardian ad litem has been
234570 appointed; or
235571 (2) the court appointed special advocate fund if a court appointed
236572 special advocate has been appointed; or
237573 (3) the juvenile court appointed attorney fund if an attorney
238574 has been appointed.
239575 SECTION 11. IC 31-40-3-3 IS AMENDED TO READ AS
240576 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 3. Money remaining in
241577 the:
242578 (1) guardian ad litem fund; or
243579 (2) court appointed special advocate fund; or
244580 (3) juvenile court appointed attorney fund;
245581 at the end of the county's fiscal year does not revert to any other fund
246582 but continues in the guardian ad litem fund, or court appointed special
247583 advocate fund, or juvenile court appointed attorney fund.".
248584 Renumber all SECTIONS consecutively.
249-SB 180—LS 6440/DI 148 7
585+SB 180—LS 6440/DI 148 15
250586 and when so amended that said bill do pass and be reassigned to the
251587 Senate Committee on Appropriations.
252588 (Reference is to SB 180 as introduced.)
253589 ROGERS, Chairperson
254590 Committee Vote: Yeas 9, Nays 0.
255-_____
256-COMMITTEE REPORT
257-Madam President: The Senate Committee on Appropriations, to
258-which was referred Senate Bill No. 180, has had the same under
259-consideration and begs leave to report the same back to the Senate with
260-the recommendation that said bill be AMENDED as follows:
261-Delete the title and insert the following:
262-A BILL FOR AN ACT concerning family law and juvenile law.
263-Page 1, delete lines 1 through 17.
264-Page 2, delete line 1.
265-Page 2, line 2, delete "2. IC 31-31-11 IS ADDED TO THE
266-INDIANA CODE" and insert "1. [EFFECTIVE UPON PASSAGE]".
267-Page 2, delete lines 3 through 5.
268-Page 2, line 6, delete "Sec. 1.".
269-Page 2, line 6, delete "chapter, "commission" means the" and insert
270-"SECTION, "committee" refers to the interim study committee on
271-child services established by IC 2-5-1.3-4(18).
272-(b) The legislative council is urged to assign to the committee the
273-topic of studying a requirement for and funding of".
274-Page 2, run in lines 2 through 6.
275-Page 2, line 7, delete "commission for".
276-Page 2, line 7, delete, "for children established" and insert "in
277-certain cases involving juveniles.
278-(c) This SECTION expires January 1, 2023.
279-SECTION 2. An emergency is declared for this act.".
280-Page 2, delete line 8.
281-Page 2, delete lines 9 through 42.
282-Delete pages 3 through 8.
283-SB 180—LS 6440/DI 148 8
284-Page 9, delete lines 1 through 11.
285-Renumber all SECTIONS consecutively.
286-and when so amended that said bill do pass.
287-(Reference is to SB 180 as printed January 12, 2022.)
288-MISHLER, Chairperson
289-Committee Vote: Yeas 13, Nays 0.
290591 SB 180—LS 6440/DI 148