Indiana 2023 Regular Session

Indiana House Bill HB1175 Compare Versions

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

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1175
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 31-9-2-53.2; IC 31-34; IC 31-35-2-6.
7	7	Synopsis: Child placement and permanency. Provides that a juvenile
8	8	court in a child in need of services (CHINS) proceeding: (1) may
9	9	extend the time to complete the required factfinding hearing: (A) for
10	10	good cause shown; and (B) if the court determines that the extension
11	11	is in the child's best interests; (2) may (rather than shall, under current
12	12	law) dismiss a CHINS case without prejudice if the factfinding hearing
13	13	is not held before the statutorily required deadline; (3) may not enter a
14	14	dispositional decree approving or ordering placement of a child in
15	15	another home if an: (A) individual who resides in the home; or (B)
16	16	individual with whom a person residing in the home is engaged in a
17	17	dating relationship or other ongoing, nonfamilial relationship
18	18	(household member); has committed one or more specified offenses;
19	19	and (4) may not approve a permanency plan under which the child
20	20	would be placed: (A) with the child's parent, guardian, or custodian; or
21	21	(B) with an adoptive parent; if a person who is currently residing in the
22	22	home in which the child would reside has committed an act resulting
23	23	in a substantiated report of child abuse or neglect or has committed one
24	24	or more specified offenses. Provides that before reunifying a child with
25	25	the child's parent, guardian, or custodian, the department of child
26	26	services (department) shall (rather than may, under current law): (1)
27	27	conduct a criminal history check of: (A) the parent, guardian, or
28	28	custodian; and (B) a household member of the parent, guardian, or
29	29	(Continued next page)
30	30	Effective: July 1, 2023.
31	31	Lauer
32	32	January 10, 2023, read first time and referred to Committee on Judiciary.
33	33	2023 IN 1175—LS 7338/DI 119 Digest Continued
34	34	custodian; and (2) consider the results of the criminal history check in
35	35	deciding whether it is safe for the child to return home. Provides that
36	36	if the circumstances that prompted the removal of a child from the
37	37	home of the child's parent, guardian, or custodian included danger to
38	38	the child's physical or mental health or safety related to the use of
39	39	alcohol or a controlled substance by the parent, guardian, or custodian,
40	40	or by a household member of the parent, guardian, or custodian, the
41	41	department may require as a condition of reunification of the child with
42	42	the parent, guardian, or custodian that the parent, guardian, custodian,
43	43	or household member: (1) successfully complete a substance abuse
44	44	treatment program; and (2) submit to periodic, random testing for
45	45	alcohol or controlled substances. Amends and adds to the conditions
46	46	under which reasonable efforts to reunify a child with the child's
47	47	parent, guardian, or custodian, or preserve a child's family, are not
48	48	required. Provides that if a hearing regarding a petition to terminate the
49	49	parent-child relationship is not held before the statutorily required
50	50	deadline: (1) upon filing of a motion with the court by a party to the
51	51	proceeding; and (2) absent good cause shown for the failure to hold the
52	52	hearing before the statutorily required deadline; the court shall dismiss
53	53	the petition without prejudice.
54	54	2023 IN 1175—LS 7338/DI 1192023 IN 1175—LS 7338/DI 119 Introduced
55	55	First Regular Session of the 123rd General Assembly (2023)
56	56	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
57	57	Constitution) is being amended, the text of the existing provision will appear in this style type,
58	58	additions will appear in this style type, and deletions will appear in this style type.
59	59	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
60	60	provision adopted), the text of the new provision will appear in this style type. Also, the
61	61	word NEW will appear in that style type in the introductory clause of each SECTION that adds
62	62	a new provision to the Indiana Code or the Indiana Constitution.
63	63	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
64	64	between statutes enacted by the 2022 Regular Session of the General Assembly.
65	65	HOUSE BILL No. 1175
66	66	A BILL FOR AN ACT to amend the Indiana Code concerning
67	67	family law and juvenile law.
68	68	Be it enacted by the General Assembly of the State of Indiana:
69	69	1 SECTION 1. IC 31-9-2-53.2 IS ADDED TO THE INDIANA CODE
70	70	2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
71	71	3 1, 2023]: Sec. 53.2. "Household member" means, with respect to a
72	72	4 person, any of the following:
73	73	5 (1) An individual who resides in the person's home.
74	74	6 (2) An individual with whom the person is engaged in a dating
75	75	7 relationship or other ongoing, nonfamilial relationship.
76	76	8 SECTION 2. IC 31-34-11-1, AS AMENDED BY P.L.48-2012,
77	77	9 SECTION 59, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
78	78	10 JULY 1, 2023]: Sec. 1. (a) Except as provided in subsection (b), unless
79	79	11 the allegations of a petition have been admitted, the juvenile court shall
80	80	12 complete a factfinding hearing not more than sixty (60) days after a
81	81	13 petition alleging that a child is a child in need of services is filed in
82	82	14 accordance with IC 31-34-9.
83	83	15 (b) The juvenile court may extend the time to complete a factfinding
84	84	16 hearing, as described in subsection (a): for an additional sixty (60) days
85	85	17 if all parties in the action consent to the additional time.
86	86	2023 IN 1175—LS 7338/DI 119 2
87	87	1 (1) for good cause shown; and
88	88	2 (2) if the court determines that the extension is in the child's
89	89	3 best interests.
90	90	4 (c) If the factfinding hearing is not held immediately after the initial
91	91	5 hearing as provided under IC 31-34-10-9, the department shall provide
92	92	6 notice of any factfinding hearing to each foster parent or other
93	93	7 caretaker with whom the child has been placed for temporary care. The
94	94	8 court shall provide a person who is required to be notified under this
95	95	9 subsection an opportunity to be heard at the factfinding hearing.
96	96	10 (d) If the factfinding hearing is not held within the time set forth in
97	97	11 subsection (a) or (b), upon a motion with the court, the court shall may
98	98	12 dismiss the case without prejudice.
99	99	13 SECTION 3. IC 31-34-20-1.5, AS AMENDED BY P.L.142-2020,
100	100	14 SECTION 44, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
101	101	15 JULY 1, 2023]: Sec. 1.5. (a) Except as provided in subsection (d), the
102	102	16 juvenile court may not enter a dispositional decree approving or
103	103	17 ordering placement of a child in another home under section 1(a)(3) of
104	104	18 this chapter or awarding wardship to the department that will place the
105	105	19 child in another home under section 1(a)(4) of this chapter if:
106	106	20 (1) a person who is currently residing in the home in which the
107	107	21 child would be placed under section 1(a)(3) or 1(a)(4) of this
108	108	22 chapter; or
109	109	23 (2) a household member of a person described in subdivision
110	110	24 (1);
111	111	25 has committed an act resulting in a substantiated report of child abuse
112	112	26 or neglect, has a juvenile adjudication for an act that would be a
113	113	27 nonwaivable offense, as defined in IC 31-9-2-84.8 if committed by an
114	114	28 adult, or has a conviction for a nonwaivable offense, as defined in
115	115	29 IC 31-9-2-84.8.
116	116	30 (b) The department or caseworker who prepared the predispositional
117	117	31 report shall conduct a criminal history check (as defined in
118	118	32 IC 31-9-2-22.5) to determine if a person described in subsection (a) has
119	119	33 committed an act resulting in a substantiated report of child abuse or
120	120	34 neglect, has a juvenile adjudication for an act that would be a
121	121	35 nonwaivable offense, as defined in IC 31-9-2-84.8 if committed by an
122	122	36 adult, or has a conviction for a nonwaivable offense, as defined in
123	123	37 IC 31-9-2-84.8. However, the department or caseworker is not required
124	124	38 to conduct a criminal history check under this section if criminal
125	125	39 history information under IC 31-34-4-2 or IC 31-34-18-6.1 establishes
126	126	40 whether a person described in subsection (a) has committed an act
127	127	41 resulting in a substantiated report of child abuse or neglect, has a
128	128	42 juvenile adjudication for an act that would be a nonwaivable offense,
129	129	2023 IN 1175—LS 7338/DI 119 3
130	130	1 as defined in IC 31-9-2-84.8 if committed by an adult, or has a
131	131	2 conviction for a nonwaivable offense, as defined in IC 31-9-2-84.8.
132	132	3 (c) The department or caseworker is not required to conduct a
133	133	4 criminal history check under this section if:
134	134	5 (1) the department or caseworker is considering only an
135	135	6 out-of-home placement to an entity or a facility that:
136	136	7 (A) is not a residence (as defined in IC 3-5-2-42.5); or
137	137	8 (B) is licensed by the state; or
138	138	9 (2) placement under this section is undetermined at the time the
139	139	10 predispositional report is prepared.
140	140	11 (d) A juvenile court may enter a dispositional decree that approves
141	141	12 placement of a child in another home or award wardship to the
142	142	13 department that will place the child in a home with a person described
143	143	14 in subsection (a) if:
144	144	15 (1) the person described in subsection (a) has:
145	145	16 (A) committed an act resulting in a substantiated report of
146	146	17 child abuse or neglect;
147	147	18 (B) been convicted of:
148	148	19 (i) battery (IC 35-42-2-1);
149	149	20 (ii) criminal recklessness (IC 35-42-2-2) as a felony;
150	150	21 (iii) criminal confinement (IC 35-42-3-3) as a felony;
151	151	22 (iv) arson (IC 35-43-1-1) as a felony;
152	152	23 (v) nonsupport of a dependent child (IC 35-46-1-5);
153	153	24 (vi) operating a motorboat while intoxicated (IC 35-46-9-6)
154	154	25 as a felony;
155	155	26 (vii) a felony involving a weapon under IC 35-47;
156	156	27 (viii) a felony relating to controlled substances under
157	157	28 IC 35-48-4; or
158	158	29 (ix) a felony under IC 9-30-5;
159	159	30 if the conviction did not occur within the past five (5) years; or
160	160	31 (C) had a juvenile adjudication for a nonwaivable offense, as
161	161	32 defined in IC 31-9-2-84.8 that, if committed by an adult,
162	162	33 would be a felony; and
163	163	34 (2) the person's commission of the offense, delinquent act, or act
164	164	35 of abuse or neglect described in subdivision (1) is not relevant to
165	165	36 the person's present ability to care for a child, and placing a child
166	166	37 in another home or awarding wardship to the department is in the
167	167	38 best interest of the child.
168	168	39 However, a court may not enter a dispositional decree that approves
169	169	40 placement of a child in another home or awards wardship to the
170	170	41 department if the person has been convicted of a nonwaivable offense,
171	171	42 as defined in IC 31-9-2-84.8 that is not specifically excluded under
172	172	2023 IN 1175—LS 7338/DI 119 4
173	173	1 subdivision (1)(B).
174	174	2 (e) In considering the placement under subsection (d), the court
175	175	3 shall consider the following:
176	176	4 (1) The length of time since the person committed the offense,
177	177	5 delinquent act, or act that resulted in the substantiated report of
178	178	6 abuse or neglect.
179	179	7 (2) The severity of the offense, delinquent act, or abuse or neglect.
180	180	8 (3) Evidence of the person's rehabilitation, including the person's
181	181	9 cooperation with a treatment plan, if applicable.
182	182	10 SECTION 4. IC 31-34-21-5.5, AS AMENDED BY P.L.48-2012,
183	183	11 SECTION 64, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
184	184	12 JULY 1, 2023]: Sec. 5.5. (a) In determining the extent to which
185	185	13 reasonable efforts to reunify or preserve a family are appropriate under
186	186	14 this chapter, the child's health and safety are of paramount concern.
187	187	15 (b) Except as provided in section 5.6 of this chapter, the department
188	188	16 shall make reasonable efforts to preserve and reunify families as
189	189	17 follows:
190	190	18 (1) If a child has not been removed from the child's home, to
191	191	19 prevent or eliminate the need for removing the child from the
192	192	20 child's home.
193	193	21 (2) If a child has been removed from the child's home, to make it
194	194	22 possible for the child to return safely to the child's home as soon
195	195	23 as possible.
196	196	24 (c) The department may, shall, before reunification of the child with
197	197	25 a parent, guardian, or custodian, conduct a criminal history check (as
198	198	26 defined in IC 31-9-2-22.5) of:
199	199	27 (1) the child's:
200	200	28 (A) parent;
201	201	29 (B) guardian; or
202	202	30 (C) custodian; or and
203	203	31 (2) a household member of the:
204	204	32 (A) parent;
205	205	33 (B) guardian; or
206	206	34 (C) custodian.
207	207	35 (d) The department may use shall consider the results of a criminal
208	208	36 history check conducted under subsection (c) to decide in deciding
209	209	37 whether it is safe for the child to return home.
210	210	38 (e) If the circumstances that prompted the removal of the child
211	211	39 from the home of the child's parent, guardian, or custodian
212	212	40 included danger to the child's physical or mental health or safety
213	213	41 related to the use of alcohol or a controlled substance by the
214	214	42 parent, guardian, or custodian, or by a household member of the
215	215	2023 IN 1175—LS 7338/DI 119 5
216	216	1 parent, guardian, or custodian, the department may require as a
217	217	2 condition of reunification of the child with the parent, guardian, or
218	218	3 custodian that the parent, guardian, custodian, or household
219	219	4 member:
220	220	5 (1) successfully complete a substance abuse treatment
221	221	6 program; and
222	222	7 (2) submit to periodic, random testing for alcohol or
223	223	8 controlled substances.
224	224	9 SECTION 5. IC 31-34-21-5.6, AS AMENDED BY P.L.10-2019,
225	225	10 SECTION 125, IS AMENDED TO READ AS FOLLOWS
226	226	11 [EFFECTIVE JULY 1, 2023]: Sec. 5.6. (a) Except as provided in
227	227	12 subsection (c), a court may make a finding described in this section at
228	228	13 any phase of a child in need of services proceeding.
229	229	14 (b) Reasonable efforts to reunify a child with the child's parent,
230	230	15 guardian, or custodian or preserve a child's family as described in
231	231	16 section 5.5 of this chapter are not required if the court finds any of the
232	232	17 following:
233	233	18 (1) A parent, guardian, or custodian, or a household member of
234	234	19 a parent, guardian, or custodian, of a child who is a child in
235	235	20 need of services has been convicted of:
236	236	21 (A) an offense described in IC 31-35-3-4(1)(B) or
237	237	22 IC 31-35-3-4(1)(D) through IC 31-35-3-4(1)(J) against a
238	238	23 victim who is:
239	239	24 (i) a child described in IC 31-35-3-4(2); or
240	240	25 (ii) a parent of the child; or
241	241	26 (B) a comparable offense as described in clause (A) in any
242	242	27 other state, territory, or country by a court of competent
243	243	28 jurisdiction.
244	244	29 (2) A parent, guardian, or custodian, or a household member of
245	245	30 a parent, guardian, or custodian, of a child who is a child in
246	246	31 need of services:
247	247	32 (A) has been convicted of:
248	248	33 (i) the murder (IC 35-42-1-1) or voluntary manslaughter
249	249	34 (IC 35-42-1-3) of a victim who is a child described in
250	250	35 IC 31-35-3-4(2)(B) or a parent of the child; or
251	251	36 (ii) a comparable offense described in item (i) in any other
252	252	37 state, territory, or country; or
253	253	38 (B) has been convicted of:
254	254	39 (i) aiding, inducing, or causing another person;
255	255	40 (ii) attempting; or
256	256	41 (iii) conspiring with another person;
257	257	42 to commit an offense described in clause (A).
258	258	2023 IN 1175—LS 7338/DI 119 6
259	259	1 (3) A parent, guardian, or custodian, or a household member of
260	260	2 a parent, guardian, or custodian, of a child who is a child in
261	261	3 need of services has been convicted of:
262	262	4 (A) battery as a Class A felony (for a crime committed before
263	263	5 July 1, 2014) or Level 2 felony (for a crime committed after
264	264	6 June 30, 2014);
265	265	7 (B) battery as a Class B felony (for a crime committed before
266	266	8 July 1, 2014) or Level 3 or Level 4 felony (for a crime
267	267	9 committed after June 30, 2014);
268	268	10 (C) battery as a Class C felony (for a crime committed before
269	269	11 July 1, 2014) or Level 5 felony (for a crime committed after
270	270	12 June 30, 2014);
271	271	13 (D) aggravated battery (IC 35-42-2-1.5);
272	272	14 (E) criminal recklessness (IC 35-42-2-2) as a Class C felony
273	273	15 (for a crime committed before July 1, 2014) or a Level 5
274	274	16 felony (for a crime committed after June 30, 2014);
275	275	17 (F) neglect of a dependent (IC 35-46-1-4) as a Class B felony
276	276	18 (for a crime committed before July 1, 2014) or a Level 1 or
277	277	19 Level 3 felony (for a crime committed after June 30, 2014);
278	278	20 (G) promotion of human labor trafficking, promotion of human
279	279	21 sexual trafficking, promotion of child sexual trafficking,
280	280	22 promotion of sexual trafficking of a younger child, child
281	281	23 sexual trafficking, or human trafficking (IC 35-42-3.5-1
282	282	24 through IC 35-42-3.5-1.4) as a felony; or
283	283	25 (H) a comparable offense described in clauses (A) through (G)
284	284	26 under federal law or in another state, territory, or country;
285	285	27 against a child described in IC 31-35-3-4(2)(B).
286	286	28 (4) The parental rights of a parent with respect to a biological or
287	287	29 adoptive sibling of a child who is a child in need of services have
288	288	30 been involuntarily terminated by a court under:
289	289	31 (A) IC 31-35-2 (involuntary termination involving a
290	290	32 delinquent child or a child in need of services);
291	291	33 (B) IC 31-35-3 (involuntary termination involving an
292	292	34 individual convicted of a criminal offense); or
293	293	35 (C) any comparable law described in clause (A) or (B) in any
294	294	36 other state, territory, or country.
295	295	37 (5) The child is an abandoned infant, provided that the court:
296	296	38 (A) has appointed a guardian ad litem or court appointed
297	297	39 special advocate for the child; and
298	298	40 (B) after receiving a written report and recommendation from
299	299	41 the guardian ad litem or court appointed special advocate, and
300	300	42 after a hearing, finds that reasonable efforts to locate the
301	301	2023 IN 1175—LS 7338/DI 119 7
302	302	1 child's parents or reunify the child's family would not be in the
303	303	2 best interests of the child.
304	304	3 (6) A parent, guardian, or custodian, or a household member
305	305	4 of a parent, guardian, or custodian, of a child who is a child in
306	306	5 need of services is required to register as a sex or violent
307	307	6 offender under IC 11-8-8.
308	308	7 (7) A parent, guardian, or custodian of a child who is a child
309	309	8 in need of services has, on two (2) or more occasions, been
310	310	9 found by a court to have:
311	311	10 (A) placed the child at substantial risk of harm as a result
312	312	11 of the parent's, guardian's, or custodian's use of alcohol or
313	313	12 a controlled substance; and
314	314	13 (B) failed to successfully complete treatment that was
315	315	14 ordered by the court as a result of the court's finding
316	316	15 under clause (A).
317	317	16 (8) A court has found that a parent, guardian, or custodian of
318	318	17 a child who is a child in need of services:
319	319	18 (A) has a documented history of abuse of alcohol or a
320	320	19 controlled substance that has resulted in the parent,
321	321	20 guardian, or custodian being unable to adequately provide
322	322	21 for the child's physical and mental health and safety; and
323	323	22 (B) is not likely, within a reasonable amount of time, to
324	324	23 successfully cease abusing alcohol or the controlled
325	325	24 substance.
326	326	25 (9) A parent, guardian, or custodian of a child who is a child
327	327	26 in need of services has failed, for more than six (6) months, to:
328	328	27 (A) participate in a program of care, treatment, or
329	329	28 rehabilitation of the child as ordered by a court under
330	330	29 IC 31-34-20-3; or
331	331	30 (B) maintain contact with the child when the parent,
332	332	31 guardian, or custodian:
333	333	32 (i) was reasonably able to maintain contact with the
334	334	33 child; or
335	335	34 (ii) was provided with reasonable opportunities to have
336	336	35 contact with the child.
337	337	36 (10) The child has been removed from a parent, guardian, or
338	338	37 custodian of the child and has been under the supervision of
339	339	38 the department or a county probation department for not less
340	340	39 than twelve (12) months of the most recent twenty-two (22)
341	341	40 months, beginning with the date the child was removed from
342	342	41 the home as a result of the child being alleged to be a child in
343	343	42 need of services or delinquent child.
344	344	2023 IN 1175—LS 7338/DI 119 8
345	345	1 (c) During or at any time after the first periodic case review under
346	346	2 IC 31-34-21-2 of a child in need of services proceeding, if the court
347	347	3 finds that a parent, guardian, or custodian of the child has been charged
348	348	4 with an offense described in subsection (b)(3) and is awaiting trial, the
349	349	5 court may make a finding that reasonable efforts to reunify the child
350	350	6 with the child's parent, guardian, or custodian or preserve the child's
351	351	7 family as described in section 5.5 of this chapter may be suspended
352	352	8 pending the disposition of the parent's, guardian's, or custodian's
353	353	9 criminal charge.
354	354	10 SECTION 6. IC 31-34-21-7.5, AS AMENDED BY P.L.156-2020,
355	355	11 SECTION 119, IS AMENDED TO READ AS FOLLOWS
356	356	12 [EFFECTIVE JULY 1, 2023]: Sec. 7.5. (a) Except as provided in
357	357	13 subsection (d), the juvenile court may not approve a permanency plan
358	358	14 under subsection (c)(1)(C), (c)(1)(D), or (c)(1)(E) (c) if a person who
359	359	15 is currently residing with a person described in subsection (c)(1)(C) or
360	360	16 (c)(1)(D) or in a residence in which the child would be placed under
361	361	17 subsection (c)(1)(E) (c):
362	362	18 (1) has committed an act resulting in a substantiated report of
363	363	19 child abuse or neglect;
364	364	20 (2) has a juvenile adjudication for an act that would be a
365	365	21 nonwaivable offense, as defined in IC 31-9-2-84.8 if committed
366	366	22 by an adult; or
367	367	23 (3) has a conviction for a nonwaivable offense, as defined in
368	368	24 IC 31-9-2-84.8.
369	369	25 (b) Before requesting juvenile court approval of a permanency plan,
370	370	26 the department shall conduct a criminal history check (as defined in
371	371	27 IC 31-9-2-22.5) to determine if a person described in subsection (a) has
372	372	28 committed an act resulting in a substantiated report of child abuse or
373	373	29 neglect, has a juvenile adjudication for an act that would be a
374	374	30 nonwaivable offense, as defined in IC 31-9-2-84.8 if committed by an
375	375	31 adult, or has a conviction for a nonwaivable offense, as defined in
376	376	32 IC 31-9-2-84.8. However, the department is not required to conduct a
377	377	33 criminal history check under this section if criminal history information
378	378	34 under IC 31-34-4-2, IC 31-34-18-6.1, or IC 31-34-20-1.5 establishes
379	379	35 whether a person described in subsection (a) has committed an act
380	380	36 resulting in a substantiated report of child abuse or neglect, has a
381	381	37 juvenile adjudication for an act that would be a nonwaivable offense,
382	382	38 as defined in IC 31-9-2-84.8 if committed by an adult, or has a
383	383	39 conviction for a nonwaivable offense, as defined in IC 31-9-2-84.8.
384	384	40 (c) A permanency plan, or plans, if concurrent planning, under this
385	385	41 chapter includes the following:
386	386	42 (1) The intended permanent or long term arrangements for care
387	387	2023 IN 1175—LS 7338/DI 119 9
388	388	1 and custody of the child that may include any one (1), or two (2),
389	389	2 if concurrent planning, of the following arrangements that the
390	390	3 department or the court considers most appropriate and consistent
391	391	4 with the best interests of the child:
392	392	5 (A) Return to or continuation of existing custodial care within
393	393	6 the home of the child's parent, guardian, or custodian or
394	394	7 placement of the child with the child's noncustodial parent.
395	395	8 (B) Placement of the child for adoption.
396	396	9 (C) Placement of the child with a responsible person,
397	397	10 including:
398	398	11 (i) an adult sibling;
399	399	12 (ii) a grandparent;
400	400	13 (iii) an aunt;
401	401	14 (iv) an uncle;
402	402	15 (v) a custodial parent of a sibling of the child; or
403	403	16 (vi) another relative;
404	404	17 who is able and willing to act as the child's permanent
405	405	18 custodian and carry out the responsibilities required by the
406	406	19 permanency plan.
407	407	20 (D) Appointment of a legal guardian. The legal guardian
408	408	21 appointed under this section is a caretaker in a judicially
409	409	22 created relationship between the child and caretaker that is
410	410	23 intended to be permanent and self-sustaining as evidenced by
411	411	24 the transfer to the caretaker of the following parental rights
412	412	25 with respect to the child:
413	413	26 (i) Care, custody, and control of the child.
414	414	27 (ii) Decision making concerning the child's upbringing.
415	415	28 (E) A supervised independent living arrangement or foster
416	416	29 care for the child with a permanency plan of another planned,
417	417	30 permanent living arrangement. However, a child less than
418	418	31 sixteen (16) years of age may not have another planned,
419	419	32 permanent living arrangement as the child's permanency plan.
420	420	33 (2) A time schedule for implementing the applicable provisions
421	421	34 of the permanency plan.
422	422	35 (3) Provisions for temporary or interim arrangements for care and
423	423	36 custody of the child, pending completion of implementation of the
424	424	37 permanency plan.
425	425	38 (4) Other items required to be included in a case plan under
426	426	39 IC 31-34-15 or federal law, consistent with the permanent or long
427	427	40 term arrangements described by the permanency plan.
428	428	41 (d) A juvenile court may approve a permanency plan if:
429	429	42 (1) a person described in subsection (a) has:
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431	431	1 (A) committed an act resulting in a substantiated report of
432	432	2 child abuse or neglect;
433	433	3 (B) been convicted of:
434	434	4 (i) battery (IC 35-42-2-1);
435	435	5 (ii) criminal recklessness (IC 35-42-2-2) as a felony;
436	436	6 (iii) criminal confinement (IC 35-42-3-3) as a felony;
437	437	7 (iv) arson (IC 35-43-1-1) as a felony;
438	438	8 (v) nonsupport of a dependent child (IC 35-46-1-5);
439	439	9 (vi) operating a motorboat while intoxicated (IC 35-46-9-6)
440	440	10 as a felony;
441	441	11 (vii) a felony involving a weapon under IC 35-47;
442	442	12 (viii) a felony relating to controlled substances under
443	443	13 IC 35-48-4; or
444	444	14 (ix) a felony under IC 9-30-5;
445	445	15 if the conviction did not occur within the past five (5) years; or
446	446	16 (C) had a juvenile adjudication for a nonwaivable offense, as
447	447	17 defined in IC 31-9-2-84.8 that, if committed by an adult,
448	448	18 would be a felony; and
449	449	19 (2) the person's commission of the offense, delinquent act, or act
450	450	20 of abuse or neglect described in subdivision (1) is not relevant to
451	451	21 the person's present ability to care for a child, and that approval
452	452	22 of the permanency plan is in the best interest of the child.
453	453	23 However, a court may not approve a permanency plan if the person has
454	454	24 been convicted of a nonwaivable offense, as defined in IC 31-9-2-84.8
455	455	25 that is not specifically excluded under subdivision (1)(B), or has a
456	456	26 juvenile adjudication for an act that would be a nonwaivable offense,
457	457	27 as defined in IC 31-9-2-84.8 if committed by an adult that is not
458	458	28 specifically excluded under subdivision (1)(B).
459	459	29 (e) In making its written finding under subsection (d), the court shall
460	460	30 consider the following:
461	461	31 (1) The length of time since the person committed the offense,
462	462	32 delinquent act, or act that resulted in the substantiated report of
463	463	33 abuse or neglect.
464	464	34 (2) The severity of the offense, delinquent act, or abuse or neglect.
465	465	35 (3) Evidence of the person's rehabilitation, including the person's
466	466	36 cooperation with a treatment plan, if applicable.
467	467	37 SECTION 7. IC 31-35-2-6, AS AMENDED BY P.L.48-2012,
468	468	38 SECTION 68, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
469	469	39 JULY 1, 2023]: Sec. 6. (a) Except when a hearing is required after June
470	470	40 30, 1999, under section 4.5 of this chapter, the person filing the petition
471	471	41 shall request the court to set the petition for a hearing. Whenever a
472	472	42 hearing is requested under this chapter, the court shall:
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474	474	1 (1) commence a hearing on the petition not more than ninety (90)
475	475	2 days after a petition is filed under this chapter; and
476	476	3 (2) complete a hearing on the petition not more than one hundred
477	477	4 eighty (180) days after a petition is filed under this chapter.
478	478	5 (b) If a hearing is not held within the time set forth in subsection (a):
479	479	6 (1) upon filing of a motion with the court by a party; and
480	480	7 (2) absent good cause shown for the failure to hold the hearing
481	481	8 within the time set forth in subsection (a);
482	482	9 the court shall dismiss the petition to terminate the parent-child
483	483	10 relationship without prejudice.
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