Indiana 2023 Regular Session

Indiana House Bill HB1446 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. 1446
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 31-34.
7	7	Synopsis: Case management after family reunification. Provides that
8	8	if the dispositional decree entered in the case of a child who is removed
9	9	from the home of the child's parent, guardian, or custodian provides for
10	10	reunification of the child with the parent, guardian, or custodian, the
11	11	department of child services (department) shall conduct random,
12	12	unannounced, in-home, face-to-face assessments of the child not less
13	13	than once each week for the first six months following the child's return
14	14	to the home. Provides that: (1) if the dispositional decree entered in the
15	15	case of a child who is removed from the home of the child's parent,
16	16	guardian, or custodian: (A) provides for reunification of the child with
17	17	the parent, guardian, or custodian; and (B) requires the parent,
18	18	guardian, or custodian to participate in an addiction treatment program;
19	19	the dispositional decree must require the parent, guardian, or custodian
20	20	to submit to weekly, random drug testing for the first six months
21	21	following the child's return to the home; and (2) if the parent, guardian,
22	22	or custodian tests positive for a controlled substance or fails to submit
23	23	to a required drug test after the child's return to the home, the
24	24	department shall change the placement of the child and file an
25	25	emergency motion with the court or request the court to issue a
26	26	temporary order for an emergency change in the child's placement.
27	27	Provides that if a child who is removed from the home of the child's
28	28	parent, guardian, or custodian is returned to the home of the parent,
29	29	guardian, or custodian for purposes of a trial home visit, the department
30	30	shall conduct random, unannounced, in-home, face-to-face assessments
31	31	of the child not less than once each week for the duration of the trial
32	32	home visit. Provides that: (1) if a child is removed from the home of the
33	33	(Continued next page)
34	34	Effective: July 1, 2023.
35	35	Schaibley
36	36	January 17, 2023, read first time and referred to Committee on Family, Children and
37	37	Human Affairs.
38	38	2023 IN 1446—LS 7246/DI 119 Digest Continued
39	39	child's parent, guardian, or custodian and the child's dispositional
40	40	decree requires the child's parent, guardian, or custodian to participate
41	41	in an addiction treatment program, the dispositional decree must
42	42	require that the parent, guardian, or custodian submit to weekly,
43	43	random drug testing for the duration of a trial home visit; and (2) if the
44	44	parent, guardian, or custodian tests positive for a controlled substance
45	45	or fails to submit to a required drug test during a trial home visit, the
46	46	department shall terminate the trial home visit. Provides that a trial
47	47	home visit must be at least three months in duration, subject to
48	48	circumstances necessitating removal of the child from the home.
49	49	Provides that if a dispositional decree requires a child's parent,
50	50	guardian, or custodian to participate in a program of care, treatment, or
51	51	rehabilitation and the court finds that the parent, guardian, or custodian
52	52	has failed to make consistent and timely progress toward the goals set
53	53	forth in the dispositional decree: (1) the department: (A) shall not allow
54	54	the parent, guardian, or custodian supervised visitation with the child
55	55	until the court finds that the parent, guardian, or custodian is making
56	56	consistent and timely progress toward the goals set forth in the
57	57	dispositional decree; and (B) shall not return the child to the home of
58	58	the parent, guardian, or custodian, including for purposes of a trial
59	59	home visit, or allow the parent, guardian, or custodian unsupervised
60	60	visitation with the child, until the parent, guardian, or custodian
61	61	completes the services required under the program of care, treatment,
62	62	or rehabilitation; and (2) the court shall not modify the dispositional
63	63	decree to reduce the number of services in which the parent, guardian,
64	64	or custodian is required to participate unless the court finds that a
65	65	compelling reason exists for the modification.
66	66	2023 IN 1446—LS 7246/DI 1192023 IN 1446—LS 7246/DI 119 Introduced
67	67	First Regular Session of the 123rd General Assembly (2023)
68	68	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
69	69	Constitution) is being amended, the text of the existing provision will appear in this style type,
70	70	additions will appear in this style type, and deletions will appear in this style type.
71	71	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
72	72	provision adopted), the text of the new provision will appear in this style type. Also, the
73	73	word NEW will appear in that style type in the introductory clause of each SECTION that adds
74	74	a new provision to the Indiana Code or the Indiana Constitution.
75	75	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
76	76	between statutes enacted by the 2022 Regular Session of the General Assembly.
77	77	HOUSE BILL No. 1446
78	78	A BILL FOR AN ACT to amend the Indiana Code concerning
79	79	family law and juvenile law.
80	80	Be it enacted by the General Assembly of the State of Indiana:
81	81	1 SECTION 1. IC 31-34-20-8 IS ADDED TO THE INDIANA CODE
82	82	2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
83	83	3 1, 2023]: Sec. 8. (a) If the dispositional decree entered in the case of
84	84	4 a child who is removed from the home of the child's parent,
85	85	5 guardian, or custodian under IC 31-34-2 provides for reunification
86	86	6 of the child with the parent, guardian, or custodian, the
87	87	7 dispositional decree must require that the caseworker for the child
88	88	8 shall visit the home of the parent, guardian, or custodian and
89	89	9 conduct a face-to-face assessment of the child not less than once
90	90	10 each week for the first six (6) months following the child's return
91	91	11 to the home.
92	92	12 (b) The department shall conduct assessments under subsection
93	93	13 (a)(1):
94	94	14 (1) without notice to the parent, guardian, or custodian; and
95	95	15 (2) on a schedule that is random and designed to coincide with
96	96	2023 IN 1446—LS 7246/DI 119 2
97	97	1 times during which:
98	98	2 (A) the child is typically not at school; and
99	99	3 (B) the parent, guardian, or custodian is typically not at
100	100	4 work.
101	101	5 (c) If the dispositional decree entered in the case of a child who
102	102	6 is removed from the home of the child's parent, guardian, or
103	103	7 custodian under IC 31-34-2:
104	104	8 (1) provides for reunification of the child with the parent,
105	105	9 guardian, or custodian; and
106	106	10 (2) requires the parent, guardian, or custodian to participate
107	107	11 in an addiction treatment program under section 3 of this
108	108	12 chapter;
109	109	13 the dispositional decree must require the parent, guardian, or
110	110	14 custodian to submit to weekly, random drug testing for the first six
111	111	15 (6) months following the child's return to the home.
112	112	16 (d) If a parent, guardian, or custodian who is required to submit
113	113	17 to weekly, random drug testing under subsection (c):
114	114	18 (1) tests positive for a controlled substance in a required drug
115	115	19 test; or
116	116	20 (2) fails to submit to a required drug test;
117	117	21 the department shall act under IC 31-34-23-3(a)(1) or
118	118	22 IC 31-34-23-3(a)(2).
119	119	23 SECTION 2. IC 31-34-20.5 IS ADDED TO THE INDIANA CODE
120	120	24 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
121	121	25 JULY 1, 2023]:
122	122	26 Chapter 20.5. Trial Home Visits
123	123	27 Sec. 1. As used in this chapter, "trial home visit" means a
124	124	28 temporary return of a child to the home of a parent, guardian, or
125	125	29 custodian from which the child was removed in accordance with 45
126	126	30 CFR 1356.21(e).
127	127	31 Sec. 2. A trial home visit must be at least three (3) months in
128	128	32 duration unless the child is removed from the home of the parent,
129	129	33 guardian, or custodian under:
130	130	34 (1) IC 31-34-2; or
131	131	35 (2) section 3(d) of this chapter;
132	132	36 before the scheduled conclusion of the trial home visit.
133	133	37 Sec. 3. (a) If a child is removed from the home of the child's
134	134	38 parent, guardian, or custodian under IC 31-34-2 and subsequently
135	135	39 returned to the home of the parent, guardian, or custodian for a
136	136	40 trial home visit, the caseworker for the child shall visit the home of
137	137	41 the parent, guardian, or custodian and conduct a face-to-face
138	138	42 assessment of the child not less than once each week for the
139	139	2023 IN 1446—LS 7246/DI 119 3
140	140	1 duration of the trial home visit.
141	141	2 (b) The department shall conduct assessments under subsection
142	142	3 (a):
143	143	4 (1) without notice to the parent, guardian, or custodian; and
144	144	5 (2) on a schedule that is random and designed to coincide with
145	145	6 times during which:
146	146	7 (A) the child is typically not at school; and
147	147	8 (B) the parent, guardian, or custodian is typically not at
148	148	9 work.
149	149	10 (c) If:
150	150	11 (1) a child is removed from the home of the child's parent,
151	151	12 guardian, or custodian under IC 31-34-2; and
152	152	13 (2) the child's dispositional decree requires the child's parent,
153	153	14 guardian, or custodian to participate in an addiction
154	154	15 treatment program under IC 31-34-20-3;
155	155	16 the dispositional decree must require that if the child is
156	156	17 subsequently returned to the home of the parent, guardian, or
157	157	18 custodian for a trial home visit, the parent, guardian, or custodian
158	158	19 shall submit to weekly, random drug testing for the duration of the
159	159	20 trial home visit.
160	160	21 (d) If a parent, guardian, or custodian who is required to submit
161	161	22 to weekly, random drug testing under subsection (c):
162	162	23 (1) tests positive for a controlled substance in a required drug
163	163	24 test; or
164	164	25 (2) fails to submit to a required drug test;
165	165	26 during a trial home visit, the department shall terminate the trial
166	166	27 home visit and remove the child from the home of the parent,
167	167	28 guardian, or custodian.
168	168	29 SECTION 3. IC 31-34-21-5.4 IS ADDED TO THE INDIANA
169	169	30 CODE AS A NEW SECTION TO READ AS FOLLOWS
170	170	31 [EFFECTIVE JULY 1, 2023]: Sec. 5.4. (a) This section applies if:
171	171	32 (1) a child is removed from the home of the child's parent,
172	172	33 guardian, or custodian under IC 31-34-2; and
173	173	34 (2) a dispositional decree requires the parent, guardian, or
174	174	35 custodian to participate in a program of care, treatment, or
175	175	36 rehabilitation described in IC 31-34-20-3.
176	176	37 (b) If the court finds that a parent, guardian, or custodian
177	177	38 described in subsection (a) is not making consistent and timely
178	178	39 progress toward the goals set forth in the dispositional decree, the
179	179	40 department:
180	180	41 (1) shall not allow the parent, guardian, or custodian
181	181	42 supervised visitation with the child until the court finds that
182	182	2023 IN 1446—LS 7246/DI 119 4
183	183	1 the parent, guardian, or custodian is making consistent and
184	184	2 timely progress toward the goals set forth in the dispositional
185	185	3 decree; and
186	186	4 (2) shall not return the child to the home of the parent,
187	187	5 guardian, or custodian, including for purposes of a trial home
188	188	6 visit, or allow the parent, guardian, or custodian unsupervised
189	189	7 visitation with the child, until the parent, guardian, or
190	190	8 custodian completes the services required under the program
191	191	9 of care, treatment, or rehabilitation.
192	192	10 SECTION 4. IC 31-34-23-1, AS AMENDED BY P.L.146-2008,
193	193	11 SECTION 611, IS AMENDED TO READ AS FOLLOWS
194	194	12 [EFFECTIVE JULY 1, 2023]: Sec. 1. Subject to section 7 of this
195	195	13 chapter, while the juvenile court retains jurisdiction under IC 31-30-2,
196	196	14 the juvenile court may modify any dispositional decree:
197	197	15 (1) upon the juvenile court's own motion;
198	198	16 (2) upon the motion of:
199	199	17 (A) the child;
200	200	18 (B) the child's:
201	201	19 (i) parent;
202	202	20 (ii) guardian;
203	203	21 (iii) custodian;
204	204	22 (iv) court appointed special advocate; or
205	205	23 (v) guardian ad litem; or
206	206	24 (C) the attorney for the department; or
207	207	25 (3) upon the motion of any person providing services to the child
208	208	26 or to the child's parent, guardian, or custodian under a decree of
209	209	27 the court.
210	210	28 SECTION 5. IC 31-34-23-7 IS ADDED TO THE INDIANA CODE
211	211	29 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
212	212	30 1, 2023]: Sec. 7. (a) This section applies if:
213	213	31 (1) a child is removed from the home of the child's parent,
214	214	32 guardian, or custodian under IC 31-34-2; and
215	215	33 (2) a dispositional decree requires the parent, guardian, or
216	216	34 custodian to participate in a program of care, treatment, or
217	217	35 rehabilitation described in IC 31-34-20-3.
218	218	36 (b) If the court finds that a parent, guardian, or custodian
219	219	37 described in subsection (a) is not making consistent and timely
220	220	38 progress toward the goals set forth in the dispositional decree, the
221	221	39 court:
222	222	40 (1) shall not modify the dispositional decree to reduce the
223	223	41 number of services in which the parent, guardian, or
224	224	42 custodian is required to participate under the program of
225	225	2023 IN 1446—LS 7246/DI 119 5
226	226	1 care, treatment, or rehabilitation unless the court finds that
227	227	2 a compelling reason exists for the modification; and
228	228	3 (2) shall document the court's finding under subdivision (1) in
229	229	4 the court's order denying modification of the dispositional
230	230	5 decree.
231	231	6 (c) A court:
232	232	7 (1) shall not consider failure by a parent, guardian, or
233	233	8 custodian to comply with services in which the parent,
234	234	9 guardian, or custodian is required to participate under a
235	235	10 dispositional decree to be a compelling reason for
236	236	11 modification of the dispositional decree under subsection
237	237	12 (b)(1); and
238	238	13 (2) shall not modify a dispositional decree based on failure by
239	239	14 a parent, guardian, or custodian to comply with services in
240	240	15 which the parent, guardian, or custodian is required to
241	241	16 participate under the dispositional decree.
242	242	17 (d) A court may modify a dispositional decree to require a
243	243	18 parent, guardian, or custodian to participate in additional services
244	244	19 under a program of care, treatment, or rehabilitation without
245	245	20 finding that a compelling reason exists for the modification.
246	246	2023 IN 1446—LS 7246/DI 119