Introduced Version
SENATE BILL No. 270
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 31-9-2-42; IC 31-14; IC 31-17; IC 33-24-6-15.
Synopsis: Child custody and parenting time. Adds stalking to the
definition of "domestic or family violence" for purposes of family and
juvenile law. Amends as follows the factors a court must consider in
determining child custody: (1) Provides that more consideration must
be given to the wishes of the child if the child expresses fear of a
parent, or of a family or household member of a parent, based on past
conduct of the parent or family or household member that is contrary
to the child's best interests. (2) Provides that the court shall consider
the degree to which the custody determination will allow continuity of
the child's relationship with the child's parent or parents, the child's
siblings, and any other person who may significantly affect the child's
best interests. (3) Provides that the court shall consider the degree to
which the custody determination will ensure the mental and physical
health and safety of the child. (4) Provides that if the court finds
evidence of a pattern of domestic or family violence committed by
either parent, or by a family or household member of either parent, the
court shall consider the degree to which the custody determination will
safeguard the child, or a parent of the child, from the domestic or
family violence. (5) Provides that the court shall consider whether
either parent, or a family or household member of either parent, is the
subject of a protective order with respect to which: (A) the child or the
other parent is a protected party; and (B) the issuing court found that
the subject of the protective order committed domestic or family
violence against the protected party. (6) Provides that the court shall
not weigh a parent's housing instability against the parent for purposes
of determining custody if the court finds that the parent's housing
(Continued next page)
Effective: July 1, 2022.
Donato
January 10, 2022, read first time and referred to Committee on Judiciary.
2022 IN 270—LS 6836/DI 119 Digest Continued
instability: (A) is the result of domestic or family violence committed
against the parent; and (B) has persisted for not more than six months
since the most recent incidence of domestic or family violence.
Provides that if the court in a child custody action finds evidence of a
pattern of domestic or family violence committed by either parent, or
by a family or household member of either parent, or finds that the
child or a parent of the child is at risk of domestic or family violence
by a parent or by a family or household member of a parent, the court
shall: (1) include in the court's custody order any condition or
restriction the court considers reasonably necessary to safeguard the
child, or a parent of the child, from the domestic or family violence;
and (2) annually review the custody order to determine whether the
condition or restriction continues to be in the child's best interests.
Provides for the imposition of conditions, restrictions, or supervision
requirements in a parenting time order if the court finds that a
noncustodial parent, or a family or household member of the
noncustodial parent, has been convicted of a crime involving domestic
or family violence or has demonstrated a pattern of child abuse or
neglect or a pattern of domestic or family violence, and requires the
court to annually review the parenting time order to determine whether
continuation of the condition, restriction, or supervision requirement
continues to be in the child's best interests. Provides that for purposes
of making a determination regarding parenting time, a court may
consider an unsubstantiated or substantiated report of child abuse or
neglect as evidence of a pattern of child abuse or neglect only on the
basis of the court's de novo review of the report. Provides that a court
shall not award attorney's fees, court costs, or other litigation expenses
to the prevailing party in a parenting time action on the basis of the
action having been brought frivolously or vexatiously if the court finds
that the party that brought the action: (1) brought the action in good
faith; and (2) reasonably believed the action was necessary to protect
the child. Requires a court that appoints a guardian ad litem in a child
custody or parenting time action to, if practicable, appoint a guardian
ad litem who has received training concerning child abuse, domestic
abuse, and the effect of child abuse and domestic abuse on a child.
Allows the office of judicial administration to establish a continuing
education program for judges and court personnel regarding child
abuse and neglect.
2022 IN 270—LS 6836/DI 1192022 IN 270—LS 6836/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.
SENATE BILL No. 270
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 31-9-2-42, AS AMENDED BY P.L.141-2019,
2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2022]: Sec. 42. "Domestic or family violence" means, except
4 for an act of self-defense, the occurrence of one (1) or more of the
5 following acts committed by a family or household member:
6 (1) Attempting to cause, threatening to cause, or causing physical
7 harm to another family or household member without legal
8 justification.
9 (2) Placing a family or household member in fear of physical
10 harm without legal justification.
11 (3) Causing a family or household member to involuntarily
12 engage in sexual activity by force, threat of force, or duress.
13 (4) Stalking (IC 35-45-10-5) a family or household member.
14 (4) (5) Abusing (as described in IC 35-46-3-0.5), torturing (as
15 described in IC 35-46-3-0.5), mutilating (as described in
2022 IN 270—LS 6836/DI 119 2
1 IC 35-46-3-0.5), or killing a vertebrate animal without
2 justification with the intent to threaten, intimidate, coerce, harass,
3 or terrorize a family or household member.
4 For purposes of IC 22-4-15-1 and IC 34-26-5, domestic or family
5 violence also includes stalking (as defined in IC 35-45-10-1) or a sex
6 offense under IC 35-42-4, whether or not the stalking or sex offense is
7 committed by a family or household member.
8 SECTION 2. IC 31-14-13-2 IS AMENDED TO READ AS
9 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 2. (a) The court shall
10 determine custody in accordance with the best interests of the child. In
11 determining the child's best interests, there is not a presumption
12 favoring either parent. The court shall consider all relevant factors,
13 including the following:
14 (1) The age and sex of the child.
15 (2) The wishes of the child's parents.
16 (3) The wishes of the child, with more consideration given to the
17 child's wishes if:
18 (A) the child is at least fourteen (14) years of age; or
19 (B) the child expresses fear of a parent, or of a family or
20 household member of a parent, based on past conduct of
21 the parent or family or household member that:
22 (i) is described by the child; and
23 (ii) is found by the court to have been contrary to the
24 child's best interests.
25 (4) The interaction and interrelationship of the child with:
26 (A) the child's parents;
27 (B) the child's siblings; and
28 (C) any other person who may significantly affect the child's
29 best interest;
30 and the degree to which the custody determination will allow
31 continuity of the child's relationship with these individuals.
32 (5) The child's adjustment to home, school, and community.
33 (6) The mental and physical health of all individuals involved,
34 and the degree to which the custody determination will ensure
35 the mental and physical health and safety of the child.
36 (7) Evidence of a pattern of domestic or family violence by:
37 (A) either parent; or
38 (B) a family or household member of either parent;
39 and the degree to which the custody determination will
40 safeguard the child, or a parent of the child, from the
41 domestic or family violence.
42 (8) Whether either parent, or a family or household member
2022 IN 270—LS 6836/DI 119 3
1 of either parent, is the subject of a protective order issued
2 under IC 34-26-5 with respect to which:
3 (A) the child or the other parent is a protected party; and
4 (B) the issuing court found that the subject of the
5 protective order committed domestic or family violence
6 against the protected party.
7 (8) (9) Evidence that the child has been cared for by a de facto
8 custodian, and if the evidence is sufficient, the court shall
9 consider the factors described in section 2.5(b) of this chapter.
10 (b) A court shall not weigh a parent's housing instability against
11 the parent for purposes of determining custody if the court finds
12 that the parent's housing instability:
13 (1) is the result of domestic or family violence committed
14 against the parent; and
15 (2) has persisted for not more than six (6) months since the
16 most recent incidence of domestic or family violence described
17 in subdivision (1).
18 SECTION 3. IC 31-14-13-2.1 IS ADDED TO THE INDIANA
19 CODE AS A NEW SECTION TO READ AS FOLLOWS
20 [EFFECTIVE JULY 1, 2022]: Sec. 2.1. (a) If a court in a child
21 custody proceeding under this chapter finds evidence of a pattern
22 of domestic or family violence under section 2(a)(7) of this chapter,
23 or finds that the child or a parent of the child is at risk of domestic
24 or family violence by a parent of the child or by a family or
25 household member of a parent of the child, the court shall include
26 in the court's custody order any condition or restriction the court
27 considers reasonably necessary to safeguard the child, or a parent
28 of the child, from the domestic or family violence.
29 (b) If a court issues a custody order that includes a condition or
30 restriction under subsection (a), the court shall review the custody
31 order at least once during each year in which the custody order is
32 in effect and shall:
33 (1) take no action with regard to the condition or restriction
34 if the court determines that the condition or restriction
35 continues to be in the child's best interests;
36 (2) modify the custody order to remove the condition or
37 restriction if the court determines that removal of the
38 condition or restriction is in the child's best interests; or
39 (3) modify the custody order to include any additional
40 condition or restriction the court finds to be in the child's best
41 interests.
42 SECTION 4. IC 31-14-13-2.3, AS ADDED BY P.L.95-2009,
2022 IN 270—LS 6836/DI 119 4
1 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2 JULY 1, 2022]: Sec. 2.3. (a) In a proceeding to which this chapter
3 applies, the court may award legal custody of a child jointly if the court
4 finds that an award of joint legal custody would be in the best interest
5 of the child.
6 (b) An award of joint legal custody under this section does not
7 require an equal division of physical custody of the child.
8 (c) In determining whether an award of joint legal custody under
9 this section would be in the best interest of the child, the court shall
10 consider it a matter of primary, but not determinative, importance that
11 the persons awarded joint legal custody have agreed to an award of
12 joint legal custody. The court shall also consider:
13 (1) the fitness and suitability of each of the persons awarded joint
14 legal custody;
15 (2) whether the persons awarded joint legal custody are willing
16 and able to communicate and cooperate in advancing the child's
17 welfare;
18 (3) the wishes of the child, with more consideration given to the
19 child's wishes if the child is at least fourteen (14) years of age;
20 (4) whether the child has established a close and beneficial
21 relationship with both of the persons awarded joint legal custody;
22 (5) whether the persons awarded joint legal custody:
23 (A) live in close proximity to each other; and
24 (B) plan to continue to do so;
25 (6) the nature of the physical and emotional environment in the
26 home of each of the persons awarded joint legal custody; and
27 (7) whether there is the court finds evidence of a pattern of
28 domestic or family violence under section 2(a)(7) of this
29 chapter.
30 SECTION 5. IC 31-14-13-6 IS AMENDED TO READ AS
31 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 6. The court may not
32 modify a child custody order unless:
33 (1) modification is in the best interests of the child; and
34 (2) there is:
35 (A) a substantial change in one (1) or more of the factors that
36 the court may consider under section 2 and, if applicable,
37 section 2.5 of this chapter; or
38 (B) evidence submitted to the court that is relevant to the
39 findings of the court under section 2.1 of this chapter, if
40 applicable.
41 SECTION 6. IC 31-14-13-9 IS AMENDED TO READ AS
42 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 9. In a proceeding for
2022 IN 270—LS 6836/DI 119 5
1 a custody modification, the court may not hear evidence on a matter
2 occurring before the last custody proceeding between the parties
3 unless:
4 (1) the matter relates to a change in the factors relating to the best
5 interests of the child as described in section 2 and, if applicable,
6 section 2.5 of this chapter; or
7 (2) the evidence is relevant to the findings of the court under
8 section 2.1 of this chapter, if applicable.
9 SECTION 7. IC 31-14-14-1, AS AMENDED BY P.L.223-2019,
10 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11 JULY 1, 2022]: Sec. 1. (a) Subject to section 5 of this chapter, a
12 noncustodial parent is entitled to reasonable parenting time rights
13 unless the court finds, after a hearing, that parenting time might:
14 (1) endanger the child's physical health and well-being; or
15 (2) significantly impair the child's emotional development.
16 (b) The court may interview the child in chambers to assist the court
17 in determining the child's perception of whether parenting time by the
18 noncustodial parent might endanger the child's physical health or
19 significantly impair the child's emotional development.
20 (c) In a hearing under subsection (a), there is a rebuttable
21 presumption that a person who has been convicted of:
22 (1) child molesting (IC 35-42-4-3); or
23 (2) child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c));
24 might endanger the child's physical health and well-being or
25 significantly impair the child's emotional development.
26 (d) Except as provided in subsection (e), if a court grants parenting
27 time rights to a person who has been convicted of:
28 (1) child molesting (IC 35-42-4-3); or
29 (2) child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c));
30 there is a rebuttable presumption that the parenting time with the child
31 must be supervised.
32 (e) If a court grants parenting time rights to a person who has been
33 convicted of:
34 (1) child molesting (IC 35-42-4-3); or
35 (2) child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c));
36 within the previous five (5) years, the court shall order that the
37 parenting time with the child must be supervised.
38 (f) The court may permit counsel to be present at the interview. If
39 counsel is present:
40 (1) a record may be made of the interview; and
41 (2) the interview may be made part of the record for purposes of
42 appeal.
2022 IN 270—LS 6836/DI 119 6
1 SECTION 8. IC 31-14-14-5, AS AMENDED BY P.L.162-2011,
2 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2022]: Sec. 5. (a) This section applies Except as provided by
4 section 1(e) of this chapter, if a court finds by a preponderance of
5 the evidence that a noncustodial parent, or a family or household
6 member of the noncustodial parent, has been convicted of a crime
7 involving domestic or family violence that was witnessed or heard by
8 the noncustodial parent's child. or has demonstrated a pattern of
9 child abuse or neglect or a pattern of domestic or family violence
10 the following apply:
11 (1) The court shall include in the court's parenting time order
12 any condition or restriction the court considers reasonably
13 necessary to safeguard the child, or a parent of the child, from
14 the domestic or family violence.
15 (b) (2) There is created a rebuttable presumption that the court
16 shall order that the noncustodial parent's parenting time with the
17 child must be supervised.
18 (1) for at least one (1) year and not more than two (2) years
19 immediately following the crime involving domestic or family
20 violence; or
21 (2) until the child becomes emancipated;
22 whichever occurs first.
23 (3) If the court finds by a preponderance of the evidence that
24 the noncustodial parent, or family or household member of
25 the noncustodial parent, poses an ongoing threat of abuse or
26 neglect to the child, there is a rebuttable presumption that
27 supervision of the noncustodial parent's parenting time must
28 be performed by a licensed professional with education and
29 training regarding child abuse or neglect.
30 (4) The court may order unsupervised parenting time with the
31 noncustodial parent only if the court finds by a
32 preponderance of the evidence that unsupervised parenting
33 time with the noncustodial parent:
34 (A) will not:
35 (i) endanger the child's physical health and well-being;
36 or
37 (ii) significantly impair the child's emotional
38 development; and
39 (B) is in the child's best interests.
40 (b) A court may consider an unsubstantiated or substantiated
41 report of child abuse or neglect as evidence of a pattern of child
42 abuse or neglect under subsection (a) only on the basis of the
2022 IN 270—LS 6836/DI 119 7
1 court's de novo review of the report.
2 (c) A court that issues a parenting time order that includes a
3 condition, restriction, or supervised parenting time requirement
4 under subsection (a) shall review the parenting time order at least
5 once during each year in which the parenting time order is in effect
6 and shall:
7 (1) take no action with regard to the condition, restriction, or
8 supervised parenting time requirement if the court
9 determines that the condition, restriction, or supervised
10 parenting time requirement continues to be in the child's best
11 interests;
12 (2) modify the parenting time order to revise the condition,
13 restriction, or supervised parenting time requirement in a
14 manner the court determines to be in the child's best interests;
15 or
16 (3) modify the parenting time order to remove the condition,
17 restriction, or parenting time requirement if the court
18 determines that removal of the condition, restriction, or
19 parenting time requirement:
20 (A) will not:
21 (i) endanger the child's physical health and well-being;
22 or
23 (ii) significantly impair the child's emotional
24 development; and
25 (B) is in the child's best interests.
26 (c) (d) As a condition of granting the noncustodial parent
27 unsupervised parenting time, the court may require the noncustodial
28 parent to complete a batterer's intervention program certified by the
29 Indiana coalition against domestic violence.
30 SECTION 9. IC 31-17-2-8, AS AMENDED BY P.L.194-2017,
31 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32 JULY 1, 2022]: Sec. 8. (a) The court shall determine custody and enter
33 a custody order in accordance with the best interests of the child. In
34 determining the best interests of the child, there is no presumption
35 favoring either parent. The court shall consider all relevant factors,
36 including the following:
37 (1) The age and sex of the child.
38 (2) The wishes of the child's parent or parents.
39 (3) The wishes of the child, with more consideration given to the
40 child's wishes if:
41 (A) the child is at least fourteen (14) years of age; or
42 (B) the child expresses fear of a parent, or of a family or
2022 IN 270—LS 6836/DI 119 8
1 household member of a parent, based on past conduct of
2 the parent or family or household member that:
3 (i) is described by the child; and
4 (ii) is found by the court to have been contrary to the
5 child's best interests.
6 (4) The interaction and interrelationship of the child with:
7 (A) the child's parent or parents;
8 (B) the child's sibling; and
9 (C) any other person who may significantly affect the child's
10 best interests;
11 and the degree to which the custody determination will allow
12 continuity of the child's relationship with these individuals.
13 (5) The child's adjustment to the child's:
14 (A) home;
15 (B) school; and
16 (C) community.
17 (6) The mental and physical health of all individuals involved,
18 and the degree to which the custody determination will ensure
19 the mental and physical health and safety of the child.
20 (7) Evidence of a pattern of domestic or family violence by:
21 (A) either parent; or
22 (B) a family or household member of either parent;
23 and the degree to which the custody determination will
24 safeguard the child, or a parent of the child, from the
25 domestic or family violence.
26 (8) Whether either parent, or a family or household member
27 of either parent, is the subject of a protective order issued
28 under IC 34-26-5 with respect to which:
29 (A) the child or the other parent is a protected party; and
30 (B) the issuing court found that the subject of the
31 protective order committed domestic or family violence
32 against the protected party.
33 (8) (9) Evidence that the child has been cared for by a de facto
34 custodian, and if the evidence is sufficient, the court shall
35 consider the factors described in section 8.5(b) of this chapter.
36 (9) (10) A designation in a power of attorney of:
37 (A) the child's parent; or
38 (B) a person found to be a de facto custodian of the child.
39 (b) A court shall not weigh a parent's housing instability against
40 the parent for purposes of determining custody if the court finds
41 that the parent's housing instability:
42 (1) is the result of domestic or family violence committed
2022 IN 270—LS 6836/DI 119 9
1 against the parent; and
2 (2) has persisted for not more than six (6) months since the
3 most recent incidence of domestic or family violence described
4 in subdivision (1).
5 SECTION 10. IC 31-17-2-8.2 IS ADDED TO THE INDIANA
6 CODE AS A NEW SECTION TO READ AS FOLLOWS
7 [EFFECTIVE JULY 1, 2022]: Sec. 8.2. (a) If a court in a child
8 custody proceeding under this chapter finds evidence of a pattern
9 of domestic or family violence under section 8(a)(7) of this chapter,
10 or finds that the child or a parent of the child is at risk of domestic
11 or family violence committed by a parent of the child or by a
12 family or household member of a parent of the child, the court
13 shall include in the court's custody order any condition or
14 restriction the court considers reasonably necessary to safeguard
15 the child, or a parent of the child, from the domestic or family
16 violence.
17 (b) If a court issues a custody order that includes a condition or
18 restriction under subsection (a), the court shall review the custody
19 order at least once during each year in which the custody order is
20 in effect and shall:
21 (1) take no action with regard to the condition or restriction
22 if the court determines that the condition or restriction
23 continues to be in the child's best interests;
24 (2) modify the custody order to remove the condition or
25 restriction if the court determines that removal of the
26 condition or restriction is in the child's best interests; or
27 (3) modify the custody order to include any additional
28 condition or restriction the court finds to be in the child's best
29 interests.
30 SECTION 11. IC 31-17-2-8.3, AS AMENDED BY P.L.162-2011,
31 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32 JULY 1, 2022]: Sec. 8.3. (a) This section applies Except as provided
33 by IC 31-17-4-1(e), if a court finds by a preponderance of the
34 evidence that a noncustodial parent, or a family or household
35 member of the noncustodial parent, has been convicted of a crime
36 involving domestic or family violence that was witnessed or heard by
37 the noncustodial parent's child. or has demonstrated a pattern of
38 child abuse or neglect or a pattern of domestic or family violence
39 the following apply:
40 (1) The court shall include in the court's parenting time order
41 any condition or restriction the court considers reasonably
42 necessary to safeguard the child, or a parent of the child, from
2022 IN 270—LS 6836/DI 119 10
1 the domestic or family violence.
2 (b) (2) There is created a rebuttable presumption that the court
3 shall order that the noncustodial parent's parenting time with the
4 child must be supervised.
5 (1) for at least one (1) year and not more than two (2) years
6 immediately following the crime involving domestic or family
7 violence; or
8 (2) until the child becomes emancipated;
9 whichever occurs first.
10 (3) If the court finds by a preponderance of the evidence that
11 the noncustodial parent, or family or household member of
12 the noncustodial parent, poses an ongoing threat of abuse or
13 neglect to the child, there is a rebuttable presumption that
14 supervision of the noncustodial parent's parenting time must
15 be performed by a licensed professional with education and
16 training regarding:
17 (A) child abuse or neglect; and
18 (B) the effect of domestic or family violence on children.
19 (4) The court may order unsupervised parenting time with the
20 noncustodial parent only if the court finds by a
21 preponderance of the evidence that unsupervised parenting
22 time with the noncustodial parent:
23 (A) will not:
24 (i) endanger the child's physical health and well-being;
25 or
26 (ii) significantly impair the child's emotional
27 development; and
28 (B) is in the child's best interests.
29 (b) A court may consider an unsubstantiated or substantiated
30 report of child abuse or neglect as evidence of a pattern of child
31 abuse or neglect under subsection (a) only on the basis of the
32 court's de novo review of the report.
33 (c) A court that issues a parenting time order that includes a
34 condition, restriction, or supervised parenting time requirement
35 under subsection (a) shall review the parenting time order at least
36 once during each year in which the parenting time order is in effect
37 and shall:
38 (1) take no action with regard to the condition, restriction, or
39 supervised parenting time requirement if the court
40 determines that the condition, restriction, or supervised
41 parenting time requirement continues to be in the child's best
42 interests;
2022 IN 270—LS 6836/DI 119 11
1 (2) modify the parenting time order to revise the condition,
2 restriction, or supervised parenting time requirement in a
3 manner the court determines to be in the child's best interests;
4 or
5 (3) modify the parenting time order to remove the condition,
6 restriction, or parenting time requirement if the court
7 determines that removal of the condition, restriction, or
8 parenting time requirement:
9 (A) will not:
10 (i) endanger the child's physical health and well-being;
11 or
12 (ii) significantly impair the child's emotional
13 development; and
14 (B) is in the child's best interests.
15 (c) (d) As a condition of granting the noncustodial parent
16 unsupervised parenting time, the court may require the noncustodial
17 parent to complete a batterer's intervention program certified by the
18 Indiana coalition against domestic violence.
19 SECTION 12. IC 31-17-2-15, AS AMENDED BY P.L.3-2008,
20 SECTION 237, IS AMENDED TO READ AS FOLLOWS
21 [EFFECTIVE JULY 1, 2022]: Sec. 15. In determining whether an
22 award of joint legal custody under section 13 of this chapter would be
23 in the best interest of the child, the court shall consider it a matter of
24 primary, but not determinative, importance that the persons awarded
25 joint custody have agreed to an award of joint legal custody. The court
26 shall also consider:
27 (1) the fitness and suitability of each of the persons awarded joint
28 custody;
29 (2) whether the persons awarded joint custody are willing and
30 able to communicate and cooperate in advancing the child's
31 welfare;
32 (3) the wishes of the child, with more consideration given to the
33 child's wishes if the child is at least fourteen (14) years of age;
34 (4) whether the child has established a close and beneficial
35 relationship with both of the persons awarded joint custody;
36 (5) whether the persons awarded joint custody:
37 (A) live in close proximity to each other; and
38 (B) plan to continue to do so; and
39 (6) the nature of the physical and emotional environment in the
40 home of each of the persons awarded joint custody; and
41 (7) whether the court finds evidence of a pattern of domestic
42 or family violence under section 8(a)(7) of this chapter.
2022 IN 270—LS 6836/DI 119 12
1 SECTION 13. IC 31-17-2-21 IS AMENDED TO READ AS
2 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 21. (a) The court may
3 not modify a child custody order unless:
4 (1) the modification is in the best interests of the child; and
5 (2) there is:
6 (A) a substantial change in one (1) or more of the factors that
7 the court may consider under section 8 and, if applicable,
8 section 8.5 of this chapter; or
9 (B) evidence submitted to the court that is relevant to the
10 findings of the court under section 8.2 of this chapter, if
11 applicable.
12 (b) In making its determination, the court shall consider the factors
13 listed under section 8 of this chapter.
14 (c) The court shall not hear evidence on a matter occurring before
15 the last custody proceeding between the parties unless:
16 (1) the matter relates to a change in the factors relating to the best
17 interests of the child as described by section 8 and, if applicable,
18 section 8.5 of this chapter; or
19 (2) the evidence is relevant to the findings of the court under
20 section 8.2 of this chapter, if applicable.
21 SECTION 14. IC 31-17-4-1, AS AMENDED BY P.L.146-2021,
22 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
23 JULY 1, 2022]: Sec. 1. (a) Subject to subsections (d) and (e), and
24 subject to section 1.1 of this chapter, and IC 31-17-2-8.3, a parent not
25 granted custody of the child is entitled to reasonable parenting time
26 rights unless the court finds, after a hearing, that parenting time by the
27 noncustodial parent might endanger the child's physical health or
28 significantly impair the child's emotional development.
29 (b) The court may interview the child in chambers to assist the court
30 in determining the child's perception of whether parenting time by the
31 noncustodial parent might endanger the child's physical health or
32 significantly impair the child's emotional development.
33 (c) The court may permit counsel to be present at the interview. If
34 counsel is present:
35 (1) a record may be made of the interview; and
36 (2) the interview may be made part of the record for purposes of
37 appeal.
38 (d) Except as provided in subsection (e), if a court grants parenting
39 time rights to a person who has been convicted of:
40 (1) child molesting (IC 35-42-4-3); or
41 (2) child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c));
42 there is a rebuttable presumption that the parenting time with the child
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1 must be supervised.
2 (e) If a court grants parenting time rights to a person who has been
3 convicted of:
4 (1) child molesting (IC 35-42-4-3); or
5 (2) child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c));
6 within the previous five (5) years, the court shall order that the
7 parenting time with the child must be supervised.
8 SECTION 15. IC 31-17-4-3, AS AMENDED BY P.L.68-2005,
9 SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10 JULY 1, 2022]: Sec. 3. (a) In any action filed to enforce or modify an
11 order granting or denying parenting time rights, a court may award:
12 (1) reasonable attorney's fees;
13 (2) court costs; and
14 (3) other reasonable expenses of litigation.
15 (b) In determining whether to award reasonable attorney's fees,
16 court costs, and other reasonable expenses of litigation, the court may
17 consider the following among other factors:
18 (1) Whether the petitioner substantially prevailed and whether the
19 court found that the respondent knowingly or intentionally
20 violated an order granting or denying rights. and
21 (2) Whether the respondent substantially prevailed and the court
22 found that the action was frivolous or vexatious. However, the
23 court shall not award attorney's fees, court costs, or other
24 expenses of litigation to the respondent under this subdivision
25 if the court finds that the petitioner:
26 (A) brought the action in good faith; and
27 (B) reasonably believed the action was necessary to protect
28 the child.
29 SECTION 16. IC 31-17-6-1, AS AMENDED BY P.L.64-2016,
30 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
31 JULY 1, 2022]: Sec. 1. (a) A court, in a proceeding under IC 31-17-2,
32 IC 31-17-4, this chapter, IC 31-17-7, IC 31-28-5, or IC 31-35-3.5, may
33 appoint a guardian ad litem, a court appointed special advocate, or
34 both, for a child at any time.
35 (b) A court that appoints a guardian ad litem under this section
36 shall, if practicable, appoint a guardian ad litem who has received
37 evidence based training concerning child abuse, domestic abuse,
38 and the effect of child abuse and domestic abuse on a child.
39 SECTION 17. IC 33-24-6-15 IS ADDED TO THE INDIANA
40 CODE AS A NEW SECTION TO READ AS FOLLOWS
41 [EFFECTIVE JULY 1, 2022]: Sec. 15. (a) The office of judicial
42 administration may establish a program of continuing education
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1 for judges and court personnel regarding child abuse and neglect.
2 (b) If established, the program under subsection (a) must:
3 (1) include training regarding the factors described in
4 IC 31-14-13-2(a) and IC 31-17-2-8(a);
5 (2) include information regarding:
6 (A) all forms of child abuse, including physical abuse,
7 sexual abuse, neglect, and attempts by a child's parent to
8 alienate the child from the child's other parent;
9 (B) implicit and explicit racial, cultural, and ethnic bias in
10 the provision of child welfare services; and
11 (C) the effects of abuse, neglect, and domestic violence on
12 the victim, particularly when the victim is a child; and
13 (3) incorporate best practices based on evidence based, peer
14 reviewed research by individuals with expertise in the
15 subjects described in subdivision (2).
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