LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
200 W. Washington St., Suite 301
Indianapolis, IN 46204
(317) 233-0696
iga.in.gov
FISCAL IMPACT STATEMENT
LS 6836 NOTE PREPARED: Jan 3, 2022
BILL NUMBER: SB 270 BILL AMENDED:
SUBJECT: Child Custody and Parenting Time.
FIRST AUTHOR: Sen. Donato BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: The bill adds stalking to the definition of "domestic or family violence" for
purposes of family and juvenile law.
Determining Child Custody: It amends as follows the factors a court must consider in determining child
custody:
(1)It 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) It 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) It 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) It 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) It 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) It provides that the court shall not weigh a parent's housing instability against the parent for
SB 270 1 purposes of determining custody if the court finds that the parent's housing 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.
Conditions or Restrictions: The bill 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.
Parenting Time Order: It 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.
It 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.
Awarding Fees and Costs: It 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.
Guardian ad Litem: It requires a court that appoints a guardian ad litem (GAL) in a child custody or
parenting time action to, if practicable, appoint a GAL who has received training concerning child abuse,
domestic abuse, and the effect of child abuse and domestic abuse on a child.
Office of Judicial Administration: It also allows the Office of Judicial Administration (OJA) to establish a
continuing education program for judges and court personnel regarding child abuse and neglect.
Effective Date: July 1, 2022.
Explanation of State Expenditures: The bill provides that the OJA may establish a continuing education
program for judges and court personnel regarding child abuse and neglect. This provision codifies what is
already done by the OJA’s Office of Court Services (OCS). Therefore, this provision will likely have
minimal impact on the workload of the OJA.
The OCS provides continuing education and training to judicial officers, probation officers, court staff, and
judicial branch stakeholders around the state.
SB 270 2 Explanation of State Revenues:
Explanation of Local Expenditures: Courts: To the extent there are conditions and restrictions on custody
orders, the bill could increase the workload of the court to review custody orders at least once a year while
the custody orders are in effect.
Guardian ad Litem: The bill’s provisions could increase the workload of local GAL programs if they have
not received training concerning child abuse, domestic abuse, and the effect of child abuse and domestic
abuse on a child. It is unknown how many GALs have not received training.
The Indiana State Office of GAL/CASA certifies and provides training and support to local GAL/CASA
programs in 88 counties. Under current law, the court must appoint either a guardian ad litem or a trained
court-appointed special advocate in abuse and neglect cases.
Explanation of Local Revenues:
State Agencies Affected: Office of Judicial Administration, Office of Court Services.
Local Agencies Affected: Courts.
Information Sources: Indiana Supreme Court, Office of Court Services, Training and Education,
https://www.in.gov/courts/iocs/education/; Supreme Court, State Office of GAL/CASA,
https://www.in.gov/courts/iocs/galcasa/.
Fiscal Analyst: Corrin Harvey, 317-234-9438.
SB 270 3