IN
Indiana House Bill HB1169

Indiana 2023 Regular Session

Indiana House Bill HB1169 Compare Versions

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1+*EH1169.1*
2+March 14, 2023
3+ENGROSSED
4+HOUSE BILL No. 1169
5+_____
6+DIGEST OF HB 1169 (Updated March 13, 2023 11:29 am - DI 119)
7+Citations Affected: IC 31-34.
8+Synopsis: Separation of siblings in child placement. Provides that if
9+a child is placed in a temporary out-of-home placement in a location in
10+which a sibling of the child resides, the department of child services
11+shall, before changing the placement of the child, consider whether
12+separating the child from the child's sibling is in the child's best
13+interest. Provides that if a child is placed under a dispositional decree
14+in an out-of-home placement in a location in which a sibling of the
15+child resides, a court shall, in considering a motion requesting a change
16+in the child's placement, consider whether separating the child from the
17+child's sibling is in the child's best interest. Requires a court, in
18+determining whether reunification of a child with a parent, guardian,
19+or custodian from whom the child has been removed is in the child's
20+best interest, to consider whether reunifying the child with the parent,
21+guardian, or custodian will result in separation of the child from a
22+sibling of the child, and if so, whether separating the child from the
23+child's sibling is in the child's best interest.
24+Effective: July 1, 2023.
25+Schaibley, Lauer, Olthoff, Jackson
26+(SENATE SPONSORS — WALKER K, WALKER G, FORD JON)
27+January 10, 2023, read first time and referred to Committee on Judiciary.
28+February 2, 2023, reported — Do Pass.
29+February 6, 2023, read second time, ordered engrossed.
30+February 7, 2023, engrossed. Read third time, passed. Yeas 93, nays 0.
31+SENATE ACTION
32+February 27, 2023, read first time and referred to Committee on Family and Children
33+Services.
34+March 13, 2023, amended, reported favorably — Do Pass.
35+EH 1169—LS 6911/DI 119 March 14, 2023
136 First Regular Session of the 123rd General Assembly (2023)
237 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
338 Constitution) is being amended, the text of the existing provision will appear in this style type,
439 additions will appear in this style type, and deletions will appear in this style type.
540 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
641 provision adopted), the text of the new provision will appear in this style type. Also, the
742 word NEW will appear in that style type in the introductory clause of each SECTION that adds
843 a new provision to the Indiana Code or the Indiana Constitution.
944 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1045 between statutes enacted by the 2022 Regular Session of the General Assembly.
11-HOUSE ENROLLED ACT No. 1169
12-AN ACT to amend the Indiana Code concerning family law and
13-juvenile law.
46+ENGROSSED
47+HOUSE BILL No. 1169
48+A BILL FOR AN ACT to amend the Indiana Code concerning
49+family law and juvenile law.
1450 Be it enacted by the General Assembly of the State of Indiana:
15-SECTION 1. IC 31-34-4-8 IS ADDED TO THE INDIANA CODE
51+1 SECTION 1. IC 31-34-4-8 IS ADDED TO THE INDIANA CODE
52+2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
53+3 1, 2023]: Sec. 8. If a child is placed under this article in a
54+4 temporary out-of-home placement in a location in which a sibling
55+5 of the child resides, the department shall, before changing the
56+6 placement of the child, consider whether separating the child from
57+7 the child's sibling is in the child's best interest.
58+8 SECTION 2. IC 31-34-19-6, AS AMENDED BY P.L.258-2019,
59+9 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
60+10 JULY 1, 2023]: Sec. 6. (a) If consistent with the safety of the
61+11 community and the best interest of the child, the juvenile court shall
62+12 enter a dispositional decree that:
63+13 (1) is:
64+14 (A) in the least restrictive (most family like) and most
65+15 appropriate setting available; and
66+16 (B) close to the parents' home, consistent with the best interest
67+17 and special needs of the child;
68+EH 1169—LS 6911/DI 119 2
69+1 (2) least interferes with family autonomy;
70+2 (3) is least disruptive of family life;
71+3 (4) imposes the least restraint on the freedom of the child and the
72+4 child's parent, guardian, or custodian;
73+5 (5) provides a reasonable opportunity for participation by the
74+6 child's parent, guardian, or custodian; and
75+7 (6) provides a reasonable opportunity for the child's parent who:
76+8 (A) is incarcerated; and
77+9 (B) has maintained a meaningful role in the child's life;
78+10 to maintain a relationship with the child.
79+11 (b) In determining whether reunification of a child with a
80+12 parent, guardian, or custodian from whom the child has been
81+13 removed is in the child's best interest, a court shall do the
82+14 following:
83+15 (1) The court shall determine whether reunifying the child
84+16 with the parent, guardian, or custodian will result in
85+17 separation of the child from a sibling of the child.
86+18 (2) If the court determines under subdivision (1) that
87+19 reunifying the child with the parent, guardian, or custodian
88+20 will result in separation of the child from a sibling of the child,
89+21 the court shall consider whether separating the child from the
90+22 child's sibling is in the child's best interest.
91+23 SECTION 3. IC 31-34-23-7 IS ADDED TO THE INDIANA CODE
92+24 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
93+25 1, 2023]: Sec. 7. If a child is placed under a dispositional decree in
94+26 an out-of-home placement in a location in which a sibling of the
95+27 child resides, a court shall, in considering a motion requesting a
96+28 change in the child's placement, consider whether separating the
97+29 child from the child's sibling is in the child's best interest.
98+EH 1169—LS 6911/DI 119 3
99+COMMITTEE REPORT
100+Mr. Speaker: Your Committee on Judiciary, to which was referred
101+House Bill 1169, has had the same under consideration and begs leave
102+to report the same back to the House with the recommendation that said
103+bill do pass.
104+(Reference is to HB 1169 as introduced.)
105+TORR
106+Committee Vote: Yeas 12, Nays 0
107+_____
108+COMMITTEE REPORT
109+Madam President: The Senate Committee on Family and Children
110+Services, to which was referred House Bill No. 1169, has had the same
111+under consideration and begs leave to report the same back to the
112+Senate with the recommendation that said bill be AMENDED as
113+follows:
114+Page 1, between the enacting clause and line 1, begin a new
115+paragraph and insert the following:
116+"SECTION 1. IC 31-34-4-8 IS ADDED TO THE INDIANA CODE
16117 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
17118 1, 2023]: Sec. 8. If a child is placed under this article in a
18119 temporary out-of-home placement in a location in which a sibling
19120 of the child resides, the department shall, before changing the
20121 placement of the child, consider whether separating the child from
21-the child's sibling is in the child's best interest.
22-SECTION 2. IC 31-34-19-6, AS AMENDED BY P.L.258-2019,
23-SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
24-JULY 1, 2023]: Sec. 6. (a) If consistent with the safety of the
25-community and the best interest of the child, the juvenile court shall
26-enter a dispositional decree that:
27-(1) is:
28-(A) in the least restrictive (most family like) and most
29-appropriate setting available; and
30-(B) close to the parents' home, consistent with the best interest
31-and special needs of the child;
32-(2) least interferes with family autonomy;
33-(3) is least disruptive of family life;
34-(4) imposes the least restraint on the freedom of the child and the
35-child's parent, guardian, or custodian;
36-HEA 1169 — Concur 2
37-(5) provides a reasonable opportunity for participation by the
38-child's parent, guardian, or custodian; and
39-(6) provides a reasonable opportunity for the child's parent who:
40-(A) is incarcerated; and
41-(B) has maintained a meaningful role in the child's life;
42-to maintain a relationship with the child.
43-(b) In determining whether reunification of a child with a
44-parent, guardian, or custodian from whom the child has been
45-removed is in the child's best interest, a court shall do the
122+the child's sibling is in the child's best interest.".
123+Page 2, after line 15, begin a new paragraph and insert the
46124 following:
47-(1) The court shall determine whether reunifying the child
48-with the parent, guardian, or custodian will result in
49-separation of the child from a sibling of the child.
50-(2) If the court determines under subdivision (1) that
51-reunifying the child with the parent, guardian, or custodian
52-will result in separation of the child from a sibling of the child,
53-the court shall consider whether separating the child from the
54-child's sibling is in the child's best interest.
55-SECTION 3. IC 31-34-23-7 IS ADDED TO THE INDIANA CODE
125+"SECTION 3. IC 31-34-23-7 IS ADDED TO THE INDIANA CODE
56126 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
57127 1, 2023]: Sec. 7. If a child is placed under a dispositional decree in
58128 an out-of-home placement in a location in which a sibling of the
59129 child resides, a court shall, in considering a motion requesting a
60130 change in the child's placement, consider whether separating the
61-child from the child's sibling is in the child's best interest.
62-HEA 1169 — Concur Speaker of the House of Representatives
63-President of the Senate
64-President Pro Tempore
65-Governor of the State of Indiana
66-Date: Time:
67-HEA 1169 — Concur
131+child from the child's sibling is in the child's best interest.".
132+Renumber all SECTIONS consecutively.
133+and when so amended that said bill do pass.
134+(Reference is to HB 1169 as printed February 2, 2023.)
135+EH 1169—LS 6911/DI 119 4
136+WALKER G, Chairperson
137+Committee Vote: Yeas 7, Nays 0.
138+EH 1169—LS 6911/DI 119