Introduced Version
HOUSE BILL No. 1446
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 31-34.
Synopsis: Case management after family reunification. Provides that
if the dispositional decree entered in the case of a child who is removed
from the home of the child's parent, guardian, or custodian provides for
reunification of the child with the parent, guardian, or custodian, the
department of child services (department) shall conduct random,
unannounced, in-home, face-to-face assessments of the child not less
than once each week for the first six months following the child's return
to the home. Provides that: (1) if the dispositional decree entered in the
case of a child who is removed from the home of the child's parent,
guardian, or custodian: (A) provides for reunification of the child with
the parent, guardian, or custodian; and (B) requires the parent,
guardian, or custodian to participate in an addiction treatment program;
the dispositional decree must require the parent, guardian, or custodian
to submit to weekly, random drug testing for the first six months
following the child's return to the home; and (2) if the parent, guardian,
or custodian tests positive for a controlled substance or fails to submit
to a required drug test after the child's return to the home, the
department shall change the placement of the child and file an
emergency motion with the court or request the court to issue a
temporary order for an emergency change in the child's placement.
Provides that if a child who is removed from the home of the child's
parent, guardian, or custodian is returned to the home of the parent,
guardian, or custodian for purposes of a trial home visit, the department
shall conduct random, unannounced, in-home, face-to-face assessments
of the child not less than once each week for the duration of the trial
home visit. Provides that: (1) if a child is removed from the home of the
(Continued next page)
Effective: July 1, 2023.
Schaibley
January 17, 2023, read first time and referred to Committee on Family, Children and
Human Affairs.
2023 IN 1446—LS 7246/DI 119 Digest Continued
child's parent, guardian, or custodian and the child's dispositional
decree requires the child's parent, guardian, or custodian to participate
in an addiction treatment program, the dispositional decree must
require that the parent, guardian, or custodian submit to weekly,
random drug testing for the duration of a trial home visit; and (2) if the
parent, guardian, or custodian tests positive for a controlled substance
or fails to submit to a required drug test during a trial home visit, the
department shall terminate the trial home visit. Provides that a trial
home visit must be at least three months in duration, subject to
circumstances necessitating removal of the child from the home.
Provides that if a dispositional decree requires a child's parent,
guardian, or custodian to participate in a program of care, treatment, or
rehabilitation and the court finds that the parent, guardian, or custodian
has failed to make consistent and timely progress toward the goals set
forth in the dispositional decree: (1) the department: (A) shall not allow
the parent, guardian, or custodian supervised visitation with the child
until the court finds that the parent, guardian, or custodian is making
consistent and timely progress toward the goals set forth in the
dispositional decree; and (B) shall not return the child to the home of
the parent, guardian, or custodian, including for purposes of a trial
home visit, or allow the parent, guardian, or custodian unsupervised
visitation with the child, until the parent, guardian, or custodian
completes the services required under the program of care, treatment,
or rehabilitation; and (2) the court shall not modify the dispositional
decree to reduce the number of services in which the parent, guardian,
or custodian is required to participate unless the court finds that a
compelling reason exists for the modification.
2023 IN 1446—LS 7246/DI 1192023 IN 1446—LS 7246/DI 119 Introduced
First Regular Session of the 123rd General Assembly (2023)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2022 Regular Session of the General Assembly.
HOUSE BILL No. 1446
A BILL FOR AN ACT to amend the Indiana Code concerning
family law and juvenile law.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 31-34-20-8 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2023]: Sec. 8. (a) If the dispositional decree entered in the case of
4 a child who is removed from the home of the child's parent,
5 guardian, or custodian under IC 31-34-2 provides for reunification
6 of the child with the parent, guardian, or custodian, the
7 dispositional decree must require that the caseworker for the child
8 shall visit the home of the parent, guardian, or custodian and
9 conduct a face-to-face assessment of the child not less than once
10 each week for the first six (6) months following the child's return
11 to the home.
12 (b) The department shall conduct assessments under subsection
13 (a)(1):
14 (1) without notice to the parent, guardian, or custodian; and
15 (2) on a schedule that is random and designed to coincide with
2023 IN 1446—LS 7246/DI 119 2
1 times during which:
2 (A) the child is typically not at school; and
3 (B) the parent, guardian, or custodian is typically not at
4 work.
5 (c) If the dispositional decree entered in the case of a child who
6 is removed from the home of the child's parent, guardian, or
7 custodian under IC 31-34-2:
8 (1) provides for reunification of the child with the parent,
9 guardian, or custodian; and
10 (2) requires the parent, guardian, or custodian to participate
11 in an addiction treatment program under section 3 of this
12 chapter;
13 the dispositional decree must require the parent, guardian, or
14 custodian to submit to weekly, random drug testing for the first six
15 (6) months following the child's return to the home.
16 (d) If a parent, guardian, or custodian who is required to submit
17 to weekly, random drug testing under subsection (c):
18 (1) tests positive for a controlled substance in a required drug
19 test; or
20 (2) fails to submit to a required drug test;
21 the department shall act under IC 31-34-23-3(a)(1) or
22 IC 31-34-23-3(a)(2).
23 SECTION 2. IC 31-34-20.5 IS ADDED TO THE INDIANA CODE
24 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
25 JULY 1, 2023]:
26 Chapter 20.5. Trial Home Visits
27 Sec. 1. As used in this chapter, "trial home visit" means a
28 temporary return of a child to the home of a parent, guardian, or
29 custodian from which the child was removed in accordance with 45
30 CFR 1356.21(e).
31 Sec. 2. A trial home visit must be at least three (3) months in
32 duration unless the child is removed from the home of the parent,
33 guardian, or custodian under:
34 (1) IC 31-34-2; or
35 (2) section 3(d) of this chapter;
36 before the scheduled conclusion of the trial home visit.
37 Sec. 3. (a) If a child is removed from the home of the child's
38 parent, guardian, or custodian under IC 31-34-2 and subsequently
39 returned to the home of the parent, guardian, or custodian for a
40 trial home visit, the caseworker for the child shall visit the home of
41 the parent, guardian, or custodian and conduct a face-to-face
42 assessment of the child not less than once each week for the
2023 IN 1446—LS 7246/DI 119 3
1 duration of the trial home visit.
2 (b) The department shall conduct assessments under subsection
3 (a):
4 (1) without notice to the parent, guardian, or custodian; and
5 (2) on a schedule that is random and designed to coincide with
6 times during which:
7 (A) the child is typically not at school; and
8 (B) the parent, guardian, or custodian is typically not at
9 work.
10 (c) If:
11 (1) a child is removed from the home of the child's parent,
12 guardian, or custodian under IC 31-34-2; and
13 (2) the child's dispositional decree requires the child's parent,
14 guardian, or custodian to participate in an addiction
15 treatment program under IC 31-34-20-3;
16 the dispositional decree must require that if the child is
17 subsequently returned to the home of the parent, guardian, or
18 custodian for a trial home visit, the parent, guardian, or custodian
19 shall submit to weekly, random drug testing for the duration of the
20 trial home visit.
21 (d) If a parent, guardian, or custodian who is required to submit
22 to weekly, random drug testing under subsection (c):
23 (1) tests positive for a controlled substance in a required drug
24 test; or
25 (2) fails to submit to a required drug test;
26 during a trial home visit, the department shall terminate the trial
27 home visit and remove the child from the home of the parent,
28 guardian, or custodian.
29 SECTION 3. IC 31-34-21-5.4 IS ADDED TO THE INDIANA
30 CODE AS A NEW SECTION TO READ AS FOLLOWS
31 [EFFECTIVE JULY 1, 2023]: Sec. 5.4. (a) This section applies if:
32 (1) a child is removed from the home of the child's parent,
33 guardian, or custodian under IC 31-34-2; and
34 (2) a dispositional decree requires the parent, guardian, or
35 custodian to participate in a program of care, treatment, or
36 rehabilitation described in IC 31-34-20-3.
37 (b) If the court finds that a parent, guardian, or custodian
38 described in subsection (a) is not making consistent and timely
39 progress toward the goals set forth in the dispositional decree, the
40 department:
41 (1) shall not allow the parent, guardian, or custodian
42 supervised visitation with the child until the court finds that
2023 IN 1446—LS 7246/DI 119 4
1 the parent, guardian, or custodian is making consistent and
2 timely progress toward the goals set forth in the dispositional
3 decree; and
4 (2) shall not return the child to the home of the parent,
5 guardian, or custodian, including for purposes of a trial home
6 visit, or allow the parent, guardian, or custodian unsupervised
7 visitation with the child, until the parent, guardian, or
8 custodian completes the services required under the program
9 of care, treatment, or rehabilitation.
10 SECTION 4. IC 31-34-23-1, AS AMENDED BY P.L.146-2008,
11 SECTION 611, IS AMENDED TO READ AS FOLLOWS
12 [EFFECTIVE JULY 1, 2023]: Sec. 1. Subject to section 7 of this
13 chapter, while the juvenile court retains jurisdiction under IC 31-30-2,
14 the juvenile court may modify any dispositional decree:
15 (1) upon the juvenile court's own motion;
16 (2) upon the motion of:
17 (A) the child;
18 (B) the child's:
19 (i) parent;
20 (ii) guardian;
21 (iii) custodian;
22 (iv) court appointed special advocate; or
23 (v) guardian ad litem; or
24 (C) the attorney for the department; or
25 (3) upon the motion of any person providing services to the child
26 or to the child's parent, guardian, or custodian under a decree of
27 the court.
28 SECTION 5. IC 31-34-23-7 IS ADDED TO THE INDIANA CODE
29 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
30 1, 2023]: Sec. 7. (a) This section applies if:
31 (1) a child is removed from the home of the child's parent,
32 guardian, or custodian under IC 31-34-2; and
33 (2) a dispositional decree requires the parent, guardian, or
34 custodian to participate in a program of care, treatment, or
35 rehabilitation described in IC 31-34-20-3.
36 (b) If the court finds that a parent, guardian, or custodian
37 described in subsection (a) is not making consistent and timely
38 progress toward the goals set forth in the dispositional decree, the
39 court:
40 (1) shall not modify the dispositional decree to reduce the
41 number of services in which the parent, guardian, or
42 custodian is required to participate under the program of
2023 IN 1446—LS 7246/DI 119 5
1 care, treatment, or rehabilitation unless the court finds that
2 a compelling reason exists for the modification; and
3 (2) shall document the court's finding under subdivision (1) in
4 the court's order denying modification of the dispositional
5 decree.
6 (c) A court:
7 (1) shall not consider failure by a parent, guardian, or
8 custodian to comply with services in which the parent,
9 guardian, or custodian is required to participate under a
10 dispositional decree to be a compelling reason for
11 modification of the dispositional decree under subsection
12 (b)(1); and
13 (2) shall not modify a dispositional decree based on failure by
14 a parent, guardian, or custodian to comply with services in
15 which the parent, guardian, or custodian is required to
16 participate under the dispositional decree.
17 (d) A court may modify a dispositional decree to require a
18 parent, guardian, or custodian to participate in additional services
19 under a program of care, treatment, or rehabilitation without
20 finding that a compelling reason exists for the modification.
2023 IN 1446—LS 7246/DI 119