Indiana 2022 Regular Session

Indiana Senate Bill SB0270 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 270
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 31-9-2-42; IC 31-14; IC 31-17; IC 33-24-6-15.
7	7	Synopsis: Child custody and parenting time. Adds stalking to the
8	8	definition of "domestic or family violence" for purposes of family and
9	9	juvenile law. Amends as follows the factors a court must consider in
10	10	determining child custody: (1) Provides that more consideration must
11	11	be given to the wishes of the child if the child expresses fear of a
12	12	parent, or of a family or household member of a parent, based on past
13	13	conduct of the parent or family or household member that is contrary
14	14	to the child's best interests. (2) Provides that the court shall consider
15	15	the degree to which the custody determination will allow continuity of
16	16	the child's relationship with the child's parent or parents, the child's
17	17	siblings, and any other person who may significantly affect the child's
18	18	best interests. (3) Provides that the court shall consider the degree to
19	19	which the custody determination will ensure the mental and physical
20	20	health and safety of the child. (4) Provides that if the court finds
21	21	evidence of a pattern of domestic or family violence committed by
22	22	either parent, or by a family or household member of either parent, the
23	23	court shall consider the degree to which the custody determination will
24	24	safeguard the child, or a parent of the child, from the domestic or
25	25	family violence. (5) Provides that the court shall consider whether
26	26	either parent, or a family or household member of either parent, is the
27	27	subject of a protective order with respect to which: (A) the child or the
28	28	other parent is a protected party; and (B) the issuing court found that
29	29	the subject of the protective order committed domestic or family
30	30	violence against the protected party. (6) Provides that the court shall
31	31	not weigh a parent's housing instability against the parent for purposes
32	32	of determining custody if the court finds that the parent's housing
33	33	(Continued next page)
34	34	Effective: July 1, 2022.
35	35	Donato
36	36	January 10, 2022, read first time and referred to Committee on Judiciary.
37	37	2022 IN 270—LS 6836/DI 119 Digest Continued
38	38	instability: (A) is the result of domestic or family violence committed
39	39	against the parent; and (B) has persisted for not more than six months
40	40	since the most recent incidence of domestic or family violence.
41	41	Provides that if the court in a child custody action finds evidence of a
42	42	pattern of domestic or family violence committed by either parent, or
43	43	by a family or household member of either parent, or finds that the
44	44	child or a parent of the child is at risk of domestic or family violence
45	45	by a parent or by a family or household member of a parent, the court
46	46	shall: (1) include in the court's custody order any condition or
47	47	restriction the court considers reasonably necessary to safeguard the
48	48	child, or a parent of the child, from the domestic or family violence;
49	49	and (2) annually review the custody order to determine whether the
50	50	condition or restriction continues to be in the child's best interests.
51	51	Provides for the imposition of conditions, restrictions, or supervision
52	52	requirements in a parenting time order if the court finds that a
53	53	noncustodial parent, or a family or household member of the
54	54	noncustodial parent, has been convicted of a crime involving domestic
55	55	or family violence or has demonstrated a pattern of child abuse or
56	56	neglect or a pattern of domestic or family violence, and requires the
57	57	court to annually review the parenting time order to determine whether
58	58	continuation of the condition, restriction, or supervision requirement
59	59	continues to be in the child's best interests. Provides that for purposes
60	60	of making a determination regarding parenting time, a court may
61	61	consider an unsubstantiated or substantiated report of child abuse or
62	62	neglect as evidence of a pattern of child abuse or neglect only on the
63	63	basis of the court's de novo review of the report. Provides that a court
64	64	shall not award attorney's fees, court costs, or other litigation expenses
65	65	to the prevailing party in a parenting time action on the basis of the
66	66	action having been brought frivolously or vexatiously if the court finds
67	67	that the party that brought the action: (1) brought the action in good
68	68	faith; and (2) reasonably believed the action was necessary to protect
69	69	the child. Requires a court that appoints a guardian ad litem in a child
70	70	custody or parenting time action to, if practicable, appoint a guardian
71	71	ad litem who has received training concerning child abuse, domestic
72	72	abuse, and the effect of child abuse and domestic abuse on a child.
73	73	Allows the office of judicial administration to establish a continuing
74	74	education program for judges and court personnel regarding child
75	75	abuse and neglect.
76	76	2022 IN 270—LS 6836/DI 1192022 IN 270—LS 6836/DI 119 Introduced
77	77	Second Regular Session of the 122nd General Assembly (2022)
78	78	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
79	79	Constitution) is being amended, the text of the existing provision will appear in this style type,
80	80	additions will appear in this style type, and deletions will appear in this style type.
81	81	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
82	82	provision adopted), the text of the new provision will appear in this style type. Also, the
83	83	word NEW will appear in that style type in the introductory clause of each SECTION that adds
84	84	a new provision to the Indiana Code or the Indiana Constitution.
85	85	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
86	86	between statutes enacted by the 2021 Regular Session of the General Assembly.
87	87	SENATE BILL No. 270
88	88	A BILL FOR AN ACT to amend the Indiana Code concerning
89	89	family law and juvenile law.
90	90	Be it enacted by the General Assembly of the State of Indiana:
91	91	1 SECTION 1. IC 31-9-2-42, AS AMENDED BY P.L.141-2019,
92	92	2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
93	93	3 JULY 1, 2022]: Sec. 42. "Domestic or family violence" means, except
94	94	4 for an act of self-defense, the occurrence of one (1) or more of the
95	95	5 following acts committed by a family or household member:
96	96	6 (1) Attempting to cause, threatening to cause, or causing physical
97	97	7 harm to another family or household member without legal
98	98	8 justification.
99	99	9 (2) Placing a family or household member in fear of physical
100	100	10 harm without legal justification.
101	101	11 (3) Causing a family or household member to involuntarily
102	102	12 engage in sexual activity by force, threat of force, or duress.
103	103	13 (4) Stalking (IC 35-45-10-5) a family or household member.
104	104	14 (4) (5) Abusing (as described in IC 35-46-3-0.5), torturing (as
105	105	15 described in IC 35-46-3-0.5), mutilating (as described in
106	106	2022 IN 270—LS 6836/DI 119 2
107	107	1 IC 35-46-3-0.5), or killing a vertebrate animal without
108	108	2 justification with the intent to threaten, intimidate, coerce, harass,
109	109	3 or terrorize a family or household member.
110	110	4 For purposes of IC 22-4-15-1 and IC 34-26-5, domestic or family
111	111	5 violence also includes stalking (as defined in IC 35-45-10-1) or a sex
112	112	6 offense under IC 35-42-4, whether or not the stalking or sex offense is
113	113	7 committed by a family or household member.
114	114	8 SECTION 2. IC 31-14-13-2 IS AMENDED TO READ AS
115	115	9 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 2. (a) The court shall
116	116	10 determine custody in accordance with the best interests of the child. In
117	117	11 determining the child's best interests, there is not a presumption
118	118	12 favoring either parent. The court shall consider all relevant factors,
119	119	13 including the following:
120	120	14 (1) The age and sex of the child.
121	121	15 (2) The wishes of the child's parents.
122	122	16 (3) The wishes of the child, with more consideration given to the
123	123	17 child's wishes if:
124	124	18 (A) the child is at least fourteen (14) years of age; or
125	125	19 (B) the child expresses fear of a parent, or of a family or
126	126	20 household member of a parent, based on past conduct of
127	127	21 the parent or family or household member that:
128	128	22 (i) is described by the child; and
129	129	23 (ii) is found by the court to have been contrary to the
130	130	24 child's best interests.
131	131	25 (4) The interaction and interrelationship of the child with:
132	132	26 (A) the child's parents;
133	133	27 (B) the child's siblings; and
134	134	28 (C) any other person who may significantly affect the child's
135	135	29 best interest;
136	136	30 and the degree to which the custody determination will allow
137	137	31 continuity of the child's relationship with these individuals.
138	138	32 (5) The child's adjustment to home, school, and community.
139	139	33 (6) The mental and physical health of all individuals involved,
140	140	34 and the degree to which the custody determination will ensure
141	141	35 the mental and physical health and safety of the child.
142	142	36 (7) Evidence of a pattern of domestic or family violence by:
143	143	37 (A) either parent; or
144	144	38 (B) a family or household member of either parent;
145	145	39 and the degree to which the custody determination will
146	146	40 safeguard the child, or a parent of the child, from the
147	147	41 domestic or family violence.
148	148	42 (8) Whether either parent, or a family or household member
149	149	2022 IN 270—LS 6836/DI 119 3
150	150	1 of either parent, is the subject of a protective order issued
151	151	2 under IC 34-26-5 with respect to which:
152	152	3 (A) the child or the other parent is a protected party; and
153	153	4 (B) the issuing court found that the subject of the
154	154	5 protective order committed domestic or family violence
155	155	6 against the protected party.
156	156	7 (8) (9) Evidence that the child has been cared for by a de facto
157	157	8 custodian, and if the evidence is sufficient, the court shall
158	158	9 consider the factors described in section 2.5(b) of this chapter.
159	159	10 (b) A court shall not weigh a parent's housing instability against
160	160	11 the parent for purposes of determining custody if the court finds
161	161	12 that the parent's housing instability:
162	162	13 (1) is the result of domestic or family violence committed
163	163	14 against the parent; and
164	164	15 (2) has persisted for not more than six (6) months since the
165	165	16 most recent incidence of domestic or family violence described
166	166	17 in subdivision (1).
167	167	18 SECTION 3. IC 31-14-13-2.1 IS ADDED TO THE INDIANA
168	168	19 CODE AS A NEW SECTION TO READ AS FOLLOWS
169	169	20 [EFFECTIVE JULY 1, 2022]: Sec. 2.1. (a) If a court in a child
170	170	21 custody proceeding under this chapter finds evidence of a pattern
171	171	22 of domestic or family violence under section 2(a)(7) of this chapter,
172	172	23 or finds that the child or a parent of the child is at risk of domestic
173	173	24 or family violence by a parent of the child or by a family or
174	174	25 household member of a parent of the child, the court shall include
175	175	26 in the court's custody order any condition or restriction the court
176	176	27 considers reasonably necessary to safeguard the child, or a parent
177	177	28 of the child, from the domestic or family violence.
178	178	29 (b) If a court issues a custody order that includes a condition or
179	179	30 restriction under subsection (a), the court shall review the custody
180	180	31 order at least once during each year in which the custody order is
181	181	32 in effect and shall:
182	182	33 (1) take no action with regard to the condition or restriction
183	183	34 if the court determines that the condition or restriction
184	184	35 continues to be in the child's best interests;
185	185	36 (2) modify the custody order to remove the condition or
186	186	37 restriction if the court determines that removal of the
187	187	38 condition or restriction is in the child's best interests; or
188	188	39 (3) modify the custody order to include any additional
189	189	40 condition or restriction the court finds to be in the child's best
190	190	41 interests.
191	191	42 SECTION 4. IC 31-14-13-2.3, AS ADDED BY P.L.95-2009,
192	192	2022 IN 270—LS 6836/DI 119 4
193	193	1 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
194	194	2 JULY 1, 2022]: Sec. 2.3. (a) In a proceeding to which this chapter
195	195	3 applies, the court may award legal custody of a child jointly if the court
196	196	4 finds that an award of joint legal custody would be in the best interest
197	197	5 of the child.
198	198	6 (b) An award of joint legal custody under this section does not
199	199	7 require an equal division of physical custody of the child.
200	200	8 (c) In determining whether an award of joint legal custody under
201	201	9 this section would be in the best interest of the child, the court shall
202	202	10 consider it a matter of primary, but not determinative, importance that
203	203	11 the persons awarded joint legal custody have agreed to an award of
204	204	12 joint legal custody. The court shall also consider:
205	205	13 (1) the fitness and suitability of each of the persons awarded joint
206	206	14 legal custody;
207	207	15 (2) whether the persons awarded joint legal custody are willing
208	208	16 and able to communicate and cooperate in advancing the child's
209	209	17 welfare;
210	210	18 (3) the wishes of the child, with more consideration given to the
211	211	19 child's wishes if the child is at least fourteen (14) years of age;
212	212	20 (4) whether the child has established a close and beneficial
213	213	21 relationship with both of the persons awarded joint legal custody;
214	214	22 (5) whether the persons awarded joint legal custody:
215	215	23 (A) live in close proximity to each other; and
216	216	24 (B) plan to continue to do so;
217	217	25 (6) the nature of the physical and emotional environment in the
218	218	26 home of each of the persons awarded joint legal custody; and
219	219	27 (7) whether there is the court finds evidence of a pattern of
220	220	28 domestic or family violence under section 2(a)(7) of this
221	221	29 chapter.
222	222	30 SECTION 5. IC 31-14-13-6 IS AMENDED TO READ AS
223	223	31 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 6. The court may not
224	224	32 modify a child custody order unless:
225	225	33 (1) modification is in the best interests of the child; and
226	226	34 (2) there is:
227	227	35 (A) a substantial change in one (1) or more of the factors that
228	228	36 the court may consider under section 2 and, if applicable,
229	229	37 section 2.5 of this chapter; or
230	230	38 (B) evidence submitted to the court that is relevant to the
231	231	39 findings of the court under section 2.1 of this chapter, if
232	232	40 applicable.
233	233	41 SECTION 6. IC 31-14-13-9 IS AMENDED TO READ AS
234	234	42 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 9. In a proceeding for
235	235	2022 IN 270—LS 6836/DI 119 5
236	236	1 a custody modification, the court may not hear evidence on a matter
237	237	2 occurring before the last custody proceeding between the parties
238	238	3 unless:
239	239	4 (1) the matter relates to a change in the factors relating to the best
240	240	5 interests of the child as described in section 2 and, if applicable,
241	241	6 section 2.5 of this chapter; or
242	242	7 (2) the evidence is relevant to the findings of the court under
243	243	8 section 2.1 of this chapter, if applicable.
244	244	9 SECTION 7. IC 31-14-14-1, AS AMENDED BY P.L.223-2019,
245	245	10 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
246	246	11 JULY 1, 2022]: Sec. 1. (a) Subject to section 5 of this chapter, a
247	247	12 noncustodial parent is entitled to reasonable parenting time rights
248	248	13 unless the court finds, after a hearing, that parenting time might:
249	249	14 (1) endanger the child's physical health and well-being; or
250	250	15 (2) significantly impair the child's emotional development.
251	251	16 (b) The court may interview the child in chambers to assist the court
252	252	17 in determining the child's perception of whether parenting time by the
253	253	18 noncustodial parent might endanger the child's physical health or
254	254	19 significantly impair the child's emotional development.
255	255	20 (c) In a hearing under subsection (a), there is a rebuttable
256	256	21 presumption that a person who has been convicted of:
257	257	22 (1) child molesting (IC 35-42-4-3); or
258	258	23 (2) child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c));
259	259	24 might endanger the child's physical health and well-being or
260	260	25 significantly impair the child's emotional development.
261	261	26 (d) Except as provided in subsection (e), if a court grants parenting
262	262	27 time rights to a person who has been convicted of:
263	263	28 (1) child molesting (IC 35-42-4-3); or
264	264	29 (2) child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c));
265	265	30 there is a rebuttable presumption that the parenting time with the child
266	266	31 must be supervised.
267	267	32 (e) If a court grants parenting time rights to a person who has been
268	268	33 convicted of:
269	269	34 (1) child molesting (IC 35-42-4-3); or
270	270	35 (2) child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c));
271	271	36 within the previous five (5) years, the court shall order that the
272	272	37 parenting time with the child must be supervised.
273	273	38 (f) The court may permit counsel to be present at the interview. If
274	274	39 counsel is present:
275	275	40 (1) a record may be made of the interview; and
276	276	41 (2) the interview may be made part of the record for purposes of
277	277	42 appeal.
278	278	2022 IN 270—LS 6836/DI 119 6
279	279	1 SECTION 8. IC 31-14-14-5, AS AMENDED BY P.L.162-2011,
280	280	2 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
281	281	3 JULY 1, 2022]: Sec. 5. (a) This section applies Except as provided by
282	282	4 section 1(e) of this chapter, if a court finds by a preponderance of
283	283	5 the evidence that a noncustodial parent, or a family or household
284	284	6 member of the noncustodial parent, has been convicted of a crime
285	285	7 involving domestic or family violence that was witnessed or heard by
286	286	8 the noncustodial parent's child. or has demonstrated a pattern of
287	287	9 child abuse or neglect or a pattern of domestic or family violence
288	288	10 the following apply:
289	289	11 (1) The court shall include in the court's parenting time order
290	290	12 any condition or restriction the court considers reasonably
291	291	13 necessary to safeguard the child, or a parent of the child, from
292	292	14 the domestic or family violence.
293	293	15 (b) (2) There is created a rebuttable presumption that the court
294	294	16 shall order that the noncustodial parent's parenting time with the
295	295	17 child must be supervised.
296	296	18 (1) for at least one (1) year and not more than two (2) years
297	297	19 immediately following the crime involving domestic or family
298	298	20 violence; or
299	299	21 (2) until the child becomes emancipated;
300	300	22 whichever occurs first.
301	301	23 (3) If the court finds by a preponderance of the evidence that
302	302	24 the noncustodial parent, or family or household member of
303	303	25 the noncustodial parent, poses an ongoing threat of abuse or
304	304	26 neglect to the child, there is a rebuttable presumption that
305	305	27 supervision of the noncustodial parent's parenting time must
306	306	28 be performed by a licensed professional with education and
307	307	29 training regarding child abuse or neglect.
308	308	30 (4) The court may order unsupervised parenting time with the
309	309	31 noncustodial parent only if the court finds by a
310	310	32 preponderance of the evidence that unsupervised parenting
311	311	33 time with the noncustodial parent:
312	312	34 (A) will not:
313	313	35 (i) endanger the child's physical health and well-being;
314	314	36 or
315	315	37 (ii) significantly impair the child's emotional
316	316	38 development; and
317	317	39 (B) is in the child's best interests.
318	318	40 (b) A court may consider an unsubstantiated or substantiated
319	319	41 report of child abuse or neglect as evidence of a pattern of child
320	320	42 abuse or neglect under subsection (a) only on the basis of the
321	321	2022 IN 270—LS 6836/DI 119 7
322	322	1 court's de novo review of the report.
323	323	2 (c) A court that issues a parenting time order that includes a
324	324	3 condition, restriction, or supervised parenting time requirement
325	325	4 under subsection (a) shall review the parenting time order at least
326	326	5 once during each year in which the parenting time order is in effect
327	327	6 and shall:
328	328	7 (1) take no action with regard to the condition, restriction, or
329	329	8 supervised parenting time requirement if the court
330	330	9 determines that the condition, restriction, or supervised
331	331	10 parenting time requirement continues to be in the child's best
332	332	11 interests;
333	333	12 (2) modify the parenting time order to revise the condition,
334	334	13 restriction, or supervised parenting time requirement in a
335	335	14 manner the court determines to be in the child's best interests;
336	336	15 or
337	337	16 (3) modify the parenting time order to remove the condition,
338	338	17 restriction, or parenting time requirement if the court
339	339	18 determines that removal of the condition, restriction, or
340	340	19 parenting time requirement:
341	341	20 (A) will not:
342	342	21 (i) endanger the child's physical health and well-being;
343	343	22 or
344	344	23 (ii) significantly impair the child's emotional
345	345	24 development; and
346	346	25 (B) is in the child's best interests.
347	347	26 (c) (d) As a condition of granting the noncustodial parent
348	348	27 unsupervised parenting time, the court may require the noncustodial
349	349	28 parent to complete a batterer's intervention program certified by the
350	350	29 Indiana coalition against domestic violence.
351	351	30 SECTION 9. IC 31-17-2-8, AS AMENDED BY P.L.194-2017,
352	352	31 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
353	353	32 JULY 1, 2022]: Sec. 8. (a) The court shall determine custody and enter
354	354	33 a custody order in accordance with the best interests of the child. In
355	355	34 determining the best interests of the child, there is no presumption
356	356	35 favoring either parent. The court shall consider all relevant factors,
357	357	36 including the following:
358	358	37 (1) The age and sex of the child.
359	359	38 (2) The wishes of the child's parent or parents.
360	360	39 (3) The wishes of the child, with more consideration given to the
361	361	40 child's wishes if:
362	362	41 (A) the child is at least fourteen (14) years of age; or
363	363	42 (B) the child expresses fear of a parent, or of a family or
364	364	2022 IN 270—LS 6836/DI 119 8
365	365	1 household member of a parent, based on past conduct of
366	366	2 the parent or family or household member that:
367	367	3 (i) is described by the child; and
368	368	4 (ii) is found by the court to have been contrary to the
369	369	5 child's best interests.
370	370	6 (4) The interaction and interrelationship of the child with:
371	371	7 (A) the child's parent or parents;
372	372	8 (B) the child's sibling; and
373	373	9 (C) any other person who may significantly affect the child's
374	374	10 best interests;
375	375	11 and the degree to which the custody determination will allow
376	376	12 continuity of the child's relationship with these individuals.
377	377	13 (5) The child's adjustment to the child's:
378	378	14 (A) home;
379	379	15 (B) school; and
380	380	16 (C) community.
381	381	17 (6) The mental and physical health of all individuals involved,
382	382	18 and the degree to which the custody determination will ensure
383	383	19 the mental and physical health and safety of the child.
384	384	20 (7) Evidence of a pattern of domestic or family violence by:
385	385	21 (A) either parent; or
386	386	22 (B) a family or household member of either parent;
387	387	23 and the degree to which the custody determination will
388	388	24 safeguard the child, or a parent of the child, from the
389	389	25 domestic or family violence.
390	390	26 (8) Whether either parent, or a family or household member
391	391	27 of either parent, is the subject of a protective order issued
392	392	28 under IC 34-26-5 with respect to which:
393	393	29 (A) the child or the other parent is a protected party; and
394	394	30 (B) the issuing court found that the subject of the
395	395	31 protective order committed domestic or family violence
396	396	32 against the protected party.
397	397	33 (8) (9) Evidence that the child has been cared for by a de facto
398	398	34 custodian, and if the evidence is sufficient, the court shall
399	399	35 consider the factors described in section 8.5(b) of this chapter.
400	400	36 (9) (10) A designation in a power of attorney of:
401	401	37 (A) the child's parent; or
402	402	38 (B) a person found to be a de facto custodian of the child.
403	403	39 (b) A court shall not weigh a parent's housing instability against
404	404	40 the parent for purposes of determining custody if the court finds
405	405	41 that the parent's housing instability:
406	406	42 (1) is the result of domestic or family violence committed
407	407	2022 IN 270—LS 6836/DI 119 9
408	408	1 against the parent; and
409	409	2 (2) has persisted for not more than six (6) months since the
410	410	3 most recent incidence of domestic or family violence described
411	411	4 in subdivision (1).
412	412	5 SECTION 10. IC 31-17-2-8.2 IS ADDED TO THE INDIANA
413	413	6 CODE AS A NEW SECTION TO READ AS FOLLOWS
414	414	7 [EFFECTIVE JULY 1, 2022]: Sec. 8.2. (a) If a court in a child
415	415	8 custody proceeding under this chapter finds evidence of a pattern
416	416	9 of domestic or family violence under section 8(a)(7) of this chapter,
417	417	10 or finds that the child or a parent of the child is at risk of domestic
418	418	11 or family violence committed by a parent of the child or by a
419	419	12 family or household member of a parent of the child, the court
420	420	13 shall include in the court's custody order any condition or
421	421	14 restriction the court considers reasonably necessary to safeguard
422	422	15 the child, or a parent of the child, from the domestic or family
423	423	16 violence.
424	424	17 (b) If a court issues a custody order that includes a condition or
425	425	18 restriction under subsection (a), the court shall review the custody
426	426	19 order at least once during each year in which the custody order is
427	427	20 in effect and shall:
428	428	21 (1) take no action with regard to the condition or restriction
429	429	22 if the court determines that the condition or restriction
430	430	23 continues to be in the child's best interests;
431	431	24 (2) modify the custody order to remove the condition or
432	432	25 restriction if the court determines that removal of the
433	433	26 condition or restriction is in the child's best interests; or
434	434	27 (3) modify the custody order to include any additional
435	435	28 condition or restriction the court finds to be in the child's best
436	436	29 interests.
437	437	30 SECTION 11. IC 31-17-2-8.3, AS AMENDED BY P.L.162-2011,
438	438	31 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
439	439	32 JULY 1, 2022]: Sec. 8.3. (a) This section applies Except as provided
440	440	33 by IC 31-17-4-1(e), if a court finds by a preponderance of the
441	441	34 evidence that a noncustodial parent, or a family or household
442	442	35 member of the noncustodial parent, has been convicted of a crime
443	443	36 involving domestic or family violence that was witnessed or heard by
444	444	37 the noncustodial parent's child. or has demonstrated a pattern of
445	445	38 child abuse or neglect or a pattern of domestic or family violence
446	446	39 the following apply:
447	447	40 (1) The court shall include in the court's parenting time order
448	448	41 any condition or restriction the court considers reasonably
449	449	42 necessary to safeguard the child, or a parent of the child, from
450	450	2022 IN 270—LS 6836/DI 119 10
451	451	1 the domestic or family violence.
452	452	2 (b) (2) There is created a rebuttable presumption that the court
453	453	3 shall order that the noncustodial parent's parenting time with the
454	454	4 child must be supervised.
455	455	5 (1) for at least one (1) year and not more than two (2) years
456	456	6 immediately following the crime involving domestic or family
457	457	7 violence; or
458	458	8 (2) until the child becomes emancipated;
459	459	9 whichever occurs first.
460	460	10 (3) If the court finds by a preponderance of the evidence that
461	461	11 the noncustodial parent, or family or household member of
462	462	12 the noncustodial parent, poses an ongoing threat of abuse or
463	463	13 neglect to the child, there is a rebuttable presumption that
464	464	14 supervision of the noncustodial parent's parenting time must
465	465	15 be performed by a licensed professional with education and
466	466	16 training regarding:
467	467	17 (A) child abuse or neglect; and
468	468	18 (B) the effect of domestic or family violence on children.
469	469	19 (4) The court may order unsupervised parenting time with the
470	470	20 noncustodial parent only if the court finds by a
471	471	21 preponderance of the evidence that unsupervised parenting
472	472	22 time with the noncustodial parent:
473	473	23 (A) will not:
474	474	24 (i) endanger the child's physical health and well-being;
475	475	25 or
476	476	26 (ii) significantly impair the child's emotional
477	477	27 development; and
478	478	28 (B) is in the child's best interests.
479	479	29 (b) A court may consider an unsubstantiated or substantiated
480	480	30 report of child abuse or neglect as evidence of a pattern of child
481	481	31 abuse or neglect under subsection (a) only on the basis of the
482	482	32 court's de novo review of the report.
483	483	33 (c) A court that issues a parenting time order that includes a
484	484	34 condition, restriction, or supervised parenting time requirement
485	485	35 under subsection (a) shall review the parenting time order at least
486	486	36 once during each year in which the parenting time order is in effect
487	487	37 and shall:
488	488	38 (1) take no action with regard to the condition, restriction, or
489	489	39 supervised parenting time requirement if the court
490	490	40 determines that the condition, restriction, or supervised
491	491	41 parenting time requirement continues to be in the child's best
492	492	42 interests;
493	493	2022 IN 270—LS 6836/DI 119 11
494	494	1 (2) modify the parenting time order to revise the condition,
495	495	2 restriction, or supervised parenting time requirement in a
496	496	3 manner the court determines to be in the child's best interests;
497	497	4 or
498	498	5 (3) modify the parenting time order to remove the condition,
499	499	6 restriction, or parenting time requirement if the court
500	500	7 determines that removal of the condition, restriction, or
501	501	8 parenting time requirement:
502	502	9 (A) will not:
503	503	10 (i) endanger the child's physical health and well-being;
504	504	11 or
505	505	12 (ii) significantly impair the child's emotional
506	506	13 development; and
507	507	14 (B) is in the child's best interests.
508	508	15 (c) (d) As a condition of granting the noncustodial parent
509	509	16 unsupervised parenting time, the court may require the noncustodial
510	510	17 parent to complete a batterer's intervention program certified by the
511	511	18 Indiana coalition against domestic violence.
512	512	19 SECTION 12. IC 31-17-2-15, AS AMENDED BY P.L.3-2008,
513	513	20 SECTION 237, IS AMENDED TO READ AS FOLLOWS
514	514	21 [EFFECTIVE JULY 1, 2022]: Sec. 15. In determining whether an
515	515	22 award of joint legal custody under section 13 of this chapter would be
516	516	23 in the best interest of the child, the court shall consider it a matter of
517	517	24 primary, but not determinative, importance that the persons awarded
518	518	25 joint custody have agreed to an award of joint legal custody. The court
519	519	26 shall also consider:
520	520	27 (1) the fitness and suitability of each of the persons awarded joint
521	521	28 custody;
522	522	29 (2) whether the persons awarded joint custody are willing and
523	523	30 able to communicate and cooperate in advancing the child's
524	524	31 welfare;
525	525	32 (3) the wishes of the child, with more consideration given to the
526	526	33 child's wishes if the child is at least fourteen (14) years of age;
527	527	34 (4) whether the child has established a close and beneficial
528	528	35 relationship with both of the persons awarded joint custody;
529	529	36 (5) whether the persons awarded joint custody:
530	530	37 (A) live in close proximity to each other; and
531	531	38 (B) plan to continue to do so; and
532	532	39 (6) the nature of the physical and emotional environment in the
533	533	40 home of each of the persons awarded joint custody; and
534	534	41 (7) whether the court finds evidence of a pattern of domestic
535	535	42 or family violence under section 8(a)(7) of this chapter.
536	536	2022 IN 270—LS 6836/DI 119 12
537	537	1 SECTION 13. IC 31-17-2-21 IS AMENDED TO READ AS
538	538	2 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 21. (a) The court may
539	539	3 not modify a child custody order unless:
540	540	4 (1) the modification is in the best interests of the child; and
541	541	5 (2) there is:
542	542	6 (A) a substantial change in one (1) or more of the factors that
543	543	7 the court may consider under section 8 and, if applicable,
544	544	8 section 8.5 of this chapter; or
545	545	9 (B) evidence submitted to the court that is relevant to the
546	546	10 findings of the court under section 8.2 of this chapter, if
547	547	11 applicable.
548	548	12 (b) In making its determination, the court shall consider the factors
549	549	13 listed under section 8 of this chapter.
550	550	14 (c) The court shall not hear evidence on a matter occurring before
551	551	15 the last custody proceeding between the parties unless:
552	552	16 (1) the matter relates to a change in the factors relating to the best
553	553	17 interests of the child as described by section 8 and, if applicable,
554	554	18 section 8.5 of this chapter; or
555	555	19 (2) the evidence is relevant to the findings of the court under
556	556	20 section 8.2 of this chapter, if applicable.
557	557	21 SECTION 14. IC 31-17-4-1, AS AMENDED BY P.L.146-2021,
558	558	22 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
559	559	23 JULY 1, 2022]: Sec. 1. (a) Subject to subsections (d) and (e), and
560	560	24 subject to section 1.1 of this chapter, and IC 31-17-2-8.3, a parent not
561	561	25 granted custody of the child is entitled to reasonable parenting time
562	562	26 rights unless the court finds, after a hearing, that parenting time by the
563	563	27 noncustodial parent might endanger the child's physical health or
564	564	28 significantly impair the child's emotional development.
565	565	29 (b) The court may interview the child in chambers to assist the court
566	566	30 in determining the child's perception of whether parenting time by the
567	567	31 noncustodial parent might endanger the child's physical health or
568	568	32 significantly impair the child's emotional development.
569	569	33 (c) The court may permit counsel to be present at the interview. If
570	570	34 counsel is present:
571	571	35 (1) a record may be made of the interview; and
572	572	36 (2) the interview may be made part of the record for purposes of
573	573	37 appeal.
574	574	38 (d) Except as provided in subsection (e), if a court grants parenting
575	575	39 time rights to a person who has been convicted of:
576	576	40 (1) child molesting (IC 35-42-4-3); or
577	577	41 (2) child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c));
578	578	42 there is a rebuttable presumption that the parenting time with the child
579	579	2022 IN 270—LS 6836/DI 119 13
580	580	1 must be supervised.
581	581	2 (e) If a court grants parenting time rights to a person who has been
582	582	3 convicted of:
583	583	4 (1) child molesting (IC 35-42-4-3); or
584	584	5 (2) child exploitation (IC 35-42-4-4(b) or IC 35-42-4-4(c));
585	585	6 within the previous five (5) years, the court shall order that the
586	586	7 parenting time with the child must be supervised.
587	587	8 SECTION 15. IC 31-17-4-3, AS AMENDED BY P.L.68-2005,
588	588	9 SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
589	589	10 JULY 1, 2022]: Sec. 3. (a) In any action filed to enforce or modify an
590	590	11 order granting or denying parenting time rights, a court may award:
591	591	12 (1) reasonable attorney's fees;
592	592	13 (2) court costs; and
593	593	14 (3) other reasonable expenses of litigation.
594	594	15 (b) In determining whether to award reasonable attorney's fees,
595	595	16 court costs, and other reasonable expenses of litigation, the court may
596	596	17 consider the following among other factors:
597	597	18 (1) Whether the petitioner substantially prevailed and whether the
598	598	19 court found that the respondent knowingly or intentionally
599	599	20 violated an order granting or denying rights. and
600	600	21 (2) Whether the respondent substantially prevailed and the court
601	601	22 found that the action was frivolous or vexatious. However, the
602	602	23 court shall not award attorney's fees, court costs, or other
603	603	24 expenses of litigation to the respondent under this subdivision
604	604	25 if the court finds that the petitioner:
605	605	26 (A) brought the action in good faith; and
606	606	27 (B) reasonably believed the action was necessary to protect
607	607	28 the child.
608	608	29 SECTION 16. IC 31-17-6-1, AS AMENDED BY P.L.64-2016,
609	609	30 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
610	610	31 JULY 1, 2022]: Sec. 1. (a) A court, in a proceeding under IC 31-17-2,
611	611	32 IC 31-17-4, this chapter, IC 31-17-7, IC 31-28-5, or IC 31-35-3.5, may
612	612	33 appoint a guardian ad litem, a court appointed special advocate, or
613	613	34 both, for a child at any time.
614	614	35 (b) A court that appoints a guardian ad litem under this section
615	615	36 shall, if practicable, appoint a guardian ad litem who has received
616	616	37 evidence based training concerning child abuse, domestic abuse,
617	617	38 and the effect of child abuse and domestic abuse on a child.
618	618	39 SECTION 17. IC 33-24-6-15 IS ADDED TO THE INDIANA
619	619	40 CODE AS A NEW SECTION TO READ AS FOLLOWS
620	620	41 [EFFECTIVE JULY 1, 2022]: Sec. 15. (a) The office of judicial
621	621	42 administration may establish a program of continuing education
622	622	2022 IN 270—LS 6836/DI 119 14
623	623	1 for judges and court personnel regarding child abuse and neglect.
624	624	2 (b) If established, the program under subsection (a) must:
625	625	3 (1) include training regarding the factors described in
626	626	4 IC 31-14-13-2(a) and IC 31-17-2-8(a);
627	627	5 (2) include information regarding:
628	628	6 (A) all forms of child abuse, including physical abuse,
629	629	7 sexual abuse, neglect, and attempts by a child's parent to
630	630	8 alienate the child from the child's other parent;
631	631	9 (B) implicit and explicit racial, cultural, and ethnic bias in
632	632	10 the provision of child welfare services; and
633	633	11 (C) the effects of abuse, neglect, and domestic violence on
634	634	12 the victim, particularly when the victim is a child; and
635	635	13 (3) incorporate best practices based on evidence based, peer
636	636	14 reviewed research by individuals with expertise in the
637	637	15 subjects described in subdivision (2).
638	638	2022 IN 270—LS 6836/DI 119