IN
Indiana Senate Bill SB0345

Indiana 2023 Regular Session

Indiana Senate Bill SB0345 Compare Versions

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1+*ES0345.1*
2+March 16, 2023
3+ENGROSSED
4+SENATE BILL No. 345
5+_____
6+DIGEST OF SB 345 (Updated March 15, 2023 10:35 am - DI 149)
7+Citations Affected: IC 31-9; IC 31-19; IC 31-27; IC 31-34; IC 31-35.
8+Synopsis: Termination of parental rights. Defines "safe haven infant".
9+Provides that a licensed child placing agency may not take certain
10+actions against an individual based upon the individual's immunization
11+status. Allows the emergency medical services provider to notify either
12+the department of child services (department) or a licensed child
13+placing agency to take custody of a safe haven infant. Requires the
14+department and a licensed child placing agency to contact certain
15+agencies to determine if the safe haven infant has been reported
16+(Continued next page)
17+Effective: July 1, 2023.
18+Holdman, Brown L, Buck,
19+Randolph Lonnie M, Johnson T, Raatz
20+(HOUSE SPONSORS — KING, CARBAUGH, HEINE, ROWRAY)
21+January 12, 2023, read first time and referred to Committee on Judiciary.
22+February 16, 2023, amended, reported favorably — Do Pass.
23+February 20, 2023, read second time, amended, ordered engrossed.
24+February 21, 2023, engrossed. Read third time, passed. Yeas 46, nays 0.
25+HOUSE ACTION
26+February 28, 2023, read first time and referred to Committee on Judiciary.
27+March 16, 2023, amended, reported — Do Pass.
28+ES 345—LS 6936/DI 148 Digest Continued
29+missing. Provides that a safe haven infant is presumed eligible for
30+Medicaid. Establishes procedures for termination of parent-child
31+relationship involving a safe haven infant. Requires the department's
32+attorney or a licensed child placing agency to file a petition to
33+terminate the parent-child relationship not later than 15 days after
34+taking custody of the safe haven infant. Requires a licensed child
35+placing agency to place the safe haven infant with a preapproved
36+adoptive parent. Provides that both parents' consent to termination of
37+the parent-child relationship is irrevocably implied without further
38+court action if, after at least 28 days, neither parent petitioned the court
39+for custody. Requires that a putative parent notice be published and
40+provides specific language for the notice. Requires an affidavit of
41+publication of the putative parent notice to be filed with the court.
42+Prohibits the court from inquiring about the reason for the parents'
43+absence. Provides that a prospective adoptive family may only be
44+charged certain costs by the licensed child placement agency.
45+ES 345—LS 6936/DI 148ES 345—LS 6936/DI 148 March 16, 2023
146 First Regular Session of the 123rd General Assembly (2023)
247 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
348 Constitution) is being amended, the text of the existing provision will appear in this style type,
449 additions will appear in this style type, and deletions will appear in this style type.
550 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
651 provision adopted), the text of the new provision will appear in this style type. Also, the
752 word NEW will appear in that style type in the introductory clause of each SECTION that adds
853 a new provision to the Indiana Code or the Indiana Constitution.
954 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1055 between statutes enacted by the 2022 Regular Session of the General Assembly.
11-SENATE ENROLLED ACT No. 345
12-AN ACT to amend the Indiana Code concerning family law and
13-juvenile law.
56+ENGROSSED
57+SENATE BILL No. 345
58+A BILL FOR AN ACT to amend the Indiana Code concerning
59+family law and juvenile law.
1460 Be it enacted by the General Assembly of the State of Indiana:
15-SECTION 1. IC 31-9-2-113.1 IS ADDED TO THE INDIANA
16-CODE AS A NEW SECTION TO READ AS FOLLOWS
17-[EFFECTIVE JULY 1, 2023]: Sec. 113.1. "Safe haven infant", for
18-purposes of IC 31-34 and IC 31-35, means a child:
19-(1) who is, or appears to be, not more than thirty (30) days of
20-age; and
21-(2) who has been voluntarily left:
61+1 SECTION 1. IC 31-9-2-113.1 IS ADDED TO THE INDIANA
62+2 CODE AS A NEW SECTION TO READ AS FOLLOWS
63+3 [EFFECTIVE JULY 1, 2023]: Sec. 113.1. "Safe haven infant", for
64+4 purposes of IC 31-34 and IC 31-35, means a child:
65+5 (1) who is, or appears to be, not more than thirty (30) days of
66+6 age; and
67+7 (2) who has been voluntarily left:
68+8 (A) by a parent with an emergency medical services
69+9 provider (as defined in IC 16-41-10-1); or
70+10 (B) in a newborn safety device;
71+11 under IC 31-34-2.5-1.
72+12 SECTION 2. IC 31-19-2-7.2 IS ADDED TO THE INDIANA CODE
73+13 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
74+14 1, 2023]: Sec. 7.2. (a) A licensed child placing agency may not:
75+15 (1) require, as a condition for obtaining an adoption, that an
76+16 individual or a member of the individual's household receive
77+17 an immunization; or
78+ES 345—LS 6936/DI 148 2
79+1 (2) discriminate against an individual with respect to:
80+2 (A) the immunization status of; or
81+3 (B) a refusal to receive an immunization by;
82+4 the individual or a member of the individual's household.
83+5 (b) If a licensed child placing agency knowingly violates this
84+6 section, the department may:
85+7 (1) issue a warning to the child placing agency;
86+8 (2) place the child placing agency's license on probationary
87+9 status; or
88+10 (3) terminate the child placing agency license.
89+11 (c) Nothing in this section prohibits a licensed child placing
90+12 agency from making placement decisions based on the individual
91+13 needs of a medically fragile child or on biological parental
92+14 preferences.
93+15 SECTION 3. IC 31-19-2.5-6, AS ADDED BY P.L.203-2021,
94+16 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
95+17 JULY 1, 2023]: Sec. 6. (a) Except as provided in subsections (b) and
96+18 (c), notice may be given to an individual under IC 31-19-4-1,
97+19 IC 31-19-4-2, IC 31-19-4.5-2, IC 31-19-5-4, or IC 31-19-5-7, or
98+20 IC 31-35-1.5 by:
99+21 (1) sending a copy of the notice to:
100+22 (A) the individual's residence;
101+23 (B) the individual's place of business or employment; or
102+24 (C) any other address at which the individual may be found;
103+25 by certified mail, public delivery service, or other public means
104+26 that allow the sender to obtain a written acknowledgment of
105+27 receipt, with return receipt requested;
106+28 (2) personally delivering a copy of the notice to the individual;
107+29 (3) leaving a copy of the notice at, and sending another copy of
108+30 the notice by first class mail to:
109+31 (A) the individual's dwelling, house, or usual place of
110+32 residence;
111+33 (B) the individual's place of business or employment; or
112+34 (C) any other address at which the individual may be found; or
113+35 (4) giving notice by any other means that allows the individual's
114+36 receipt of the notice to reasonably be confirmed.
115+37 (b) Notice shall be given under IC 31-19-4-1, IC 31-19-4-2,
116+38 IC 31-19-4.5-2, IC 31-19-5-4, or IC 31-19-5-7, or IC 31-35-1.5 to an
117+39 individual who is imprisoned or detained in an institution by delivering
118+40 or mailing a copy of the notice to the official in charge of the
119+41 institution. The official in charge of the institution shall:
120+42 (1) immediately deliver the notice to the individual;
121+ES 345—LS 6936/DI 148 3
122+1 (2) allow the individual to make provisions for adequate
123+2 representation by counsel; and
124+3 (3) indicate in an affidavit of service that the individual has
125+4 received the notice and been given an opportunity to retain
126+5 counsel.
127+6 (c) If a petitioner for adoption of a child or a petitioner for the
128+7 termination of parental rights of a safe haven infant (under
129+8 IC 31-35-1.5) does not know the address of an individual entitled to
130+9 notice under IC 31-19-4-3, or IC 31-19-4.5-2, or IC 31-35-1.5-5, the
131+10 notice must be provided to the individual as follows:
132+11 (1) If the petitioner knows the county in which the individual
133+12 resides, the notice must be published once a week for three (3)
134+13 consecutive weeks in the print edition or electronic edition of a
135+14 newspaper of general circulation in the county.
136+15 (2) If the petitioner does not know the county in which the
137+16 individual resides, the notice must be published as follows:
138+17 (A) If the child or safe haven infant is less than thirty (30)
139+18 days of age at the time the petition for adoption or petition for
140+19 the termination of parental rights of a safe haven infant is
141+20 filed, the notice must be published once a week for three (3)
142+21 consecutive weeks in the print edition or electronic edition of
143+22 a newspaper of general circulation in the county in which the
144+23 child was conceived or in which the safe haven infant was
145+24 voluntarily surrendered.
146+25 (B) If the child is at least thirty (30) days of age but less than
147+26 six (6) months of age at the time the petition for adoption is
148+27 filed, the notice must be published once a week for three (3)
149+28 consecutive weeks in the print edition or electronic edition of:
150+29 (i) a newspaper of general circulation in the county in which
151+30 the child lived for the greatest proportion of the first six (6)
152+31 months of the child's life; and
153+32 (ii) a newspaper of general circulation in the county in
154+33 which the child was conceived, if different from the county
155+34 described in item (i).
156+35 (C) If the child is six (6) months of age or older at the time the
157+36 petition for adoption is filed, the notice must be published
158+37 once a week for three (3) consecutive weeks in the print
159+38 edition or electronic edition of a newspaper of general
160+39 circulation in the county in which the child lived for the
161+40 greatest proportion of the six (6) month period ending on the
162+41 date on which the petition for adoption is filed.
163+42 (d) If an individual:
164+ES 345—LS 6936/DI 148 4
165+1 (1) is served with notice of an adoption or notice to terminate
166+2 the parent-child relationship of a safe haven infant;
167+3 (2) is notified that:
168+4 (A) the individual is being served with notice; and
169+5 (B) if the individual refuses to accept the offer or tender of the
170+6 notice, the offer or tender of the notice is adequate service of
171+7 the notice, and the individual may not challenge the service of
172+8 the notice; and
173+9 (3) refuses to accept the offer or tender of the notice;
174+10 the offer or tender of the notice is adequate service of the notice, and
175+11 the individual may not challenge the service of the notice.
176+12 (e) A person accepting service of notice for another individual under
177+13 this section:
178+14 (1) shall promptly deliver the notice to the individual;
179+15 (2) shall promptly notify the individual that the person is in
180+16 possession of the notice; or
181+17 (3) if the person is not able to deliver the notice to the individual,
182+18 shall, not later than three (3) days after accepting the notice,
183+19 notify the attorney or adoption agency attempting to serve the
184+20 notice that the person was unable to deliver the notice to the
185+21 individual.
186+22 (f) An individual to whom service is made or attempted under this
187+23 section may not impose a sanction, penalty, or punishment on, or
188+24 discriminate in any manner whatsoever against, the individual serving
189+25 or attempting to serve the notice. Willful violation of this section is
190+26 punishable as contempt of the court with jurisdiction over the adoption
191+27 proceeding.
192+28 SECTION 4. IC 31-27-4-6, AS AMENDED BY P.L.183-2017,
193+29 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
194+30 JULY 1, 2023]: Sec. 6. (a) The following constitute sufficient grounds
195+31 for a denial of a license application:
196+32 (1) A determination by the department of child abuse or neglect
197+33 by:
198+34 (A) the applicant;
199+35 (B) an employee or a volunteer of the applicant who has direct
200+36 contact, on a regular and continuous basis, with children who
201+37 are under the direct supervision of the applicant; or
202+38 (C) a person residing in the applicant's residence.
203+39 (2) A criminal conviction of the applicant of any of the following:
204+40 (A) a felony;
205+41 (B) a misdemeanor related to the health and safety of a child;
206+42 (C) a misdemeanor for operating a child care center or child
207+ES 345—LS 6936/DI 148 5
208+1 care home without a license under IC 12-17.2-5; or
209+2 (D) a misdemeanor for operating a foster family home without
210+3 a license under this chapter (or IC 12-17.4-4 before its repeal).
211+4 (3) A determination by the department that the applicant made
212+5 false statements in the applicant's application for licensure.
213+6 (4) A determination by the department that the applicant made
214+7 false statements in the records required by the department.
215+8 (5) A determination by the department that:
216+9 (A) the applicant;
217+10 (B) an employee or a volunteer of the applicant who has direct
218+11 contact, on a regular and continuous basis, with children who
219+12 are under the direct supervision of the applicant; or
220+13 (C) a person residing in the applicant's residence;
221+14 previously operated a child care center or child care home without
222+15 a license under IC 12-17.2-5 or a foster family home without a
223+16 license under this chapter (or IC 12-17.4-4 before its repeal).
224+17 (6) A juvenile adjudication of the applicant for a nonwaivable
225+18 offense, as defined in IC 31-9-2-84.8 that, if committed by an
226+19 adult, would be a felony.
227+20 (b) An application for a license may also be denied if an individual
228+21 who resides in the residence of the applicant or an employee or
229+22 volunteer of the applicant who has direct contact on a regular and
230+23 continuous basis with children who are under the direct supervision of
231+24 the applicant has had any of the following:
232+25 (1) A conviction of a nonwaivable offense, as defined in
233+26 IC 31-9-2-84.8.
234+27 (2) A conviction of any other felony or a misdemeanor relating to
235+28 the health and safety of a child, unless the applicant is granted a
236+29 waiver by the department to employ or assign the person as a
237+30 volunteer in a position described in this subsection or to permit
238+31 the individual to reside in the applicant's residence.
239+32 (3) A juvenile adjudication for a nonwaivable offense, as defined
240+33 in IC 31-9-2-84.8 that, if committed by an adult, would be a
241+34 felony, unless the applicant is granted a waiver by the department
242+35 to:
243+36 (A) employ or assign the person as a volunteer in a position
244+37 described in this subsection; or
245+38 (B) permit the individual to reside in the applicant's residence.
246+39 (c) In determining whether to grant a waiver under subsection (b),
247+40 the department shall consider the following factors:
248+41 (1) The length of time that has passed since the disqualifying
249+42 conviction.
250+ES 345—LS 6936/DI 148 6
251+1 (2) The severity, nature, and circumstances of the offense.
252+2 (3) Evidence of rehabilitation.
253+3 (4) The duties and qualifications required for the proposed
254+4 employment positions or volunteer assignment.
255+5 (5) The nature and extent of unsupervised contact with children
256+6 residing in the home.
257+7 (d) Notwithstanding subsection (a) or (b), if:
258+8 (1) a license application could be denied due to a criminal
259+9 conviction of, or a determination of child abuse or neglect by, an
260+10 employee, a volunteer, or a person residing in the residence of the
261+11 applicant; and
262+12 (2) the department determines that the employee or volunteer has
263+13 been dismissed before the employee or volunteer has direct
264+14 contact on a regular and continuing basis with a child who is or
265+15 will be placed in a facility operated by the applicant or that the
266+16 person residing in the residence no longer resides there;
267+17 the criminal conviction of, or determination of child abuse or neglect
268+18 by, the former employee, former volunteer, or former household
269+19 resident does not constitute a sufficient basis for the denial of a license
270+20 application.
271+21 (e) The following do not constitute a sufficient basis for the
272+22 denial of a license application:
273+23 (1) The applicant's immunization status or refusal to receive
274+24 an immunization.
275+25 (2) The immunization status of or refusal to receive an
276+26 immunization by:
277+27 (A) an individual who resides in the applicant's residence;
278+28 or
279+29 (B) an employee or volunteer of the applicant who has
280+30 direct contact on a regular and continuous basis with
281+31 children who are under the direct supervision of the
282+32 applicant.
283+33 (f) Nothing in this section prohibits a licensed child placing
284+34 agency from making placement decisions based on the individual
285+35 needs of a medically fragile child or on biological parental
286+36 preferences.
287+37 (e) (g) The department may adopt rules to implement this section.
288+38 SECTION 5. IC 31-34-2.5-1, AS AMENDED BY THE
289+39 TECHNICAL CORRECTIONS BILL OF THE 2023 GENERAL
290+40 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
291+41 JULY 1, 2023]: Sec. 1. (a) An emergency medical services provider (as
292+42 defined in IC 16-41-10-1) shall, without a court order, take custody of
293+ES 345—LS 6936/DI 148 7
294+1 a child who is, or who appears to be, not more than thirty (30) days of
295+2 age if except as provided in subsection (h), the child is voluntarily left:
296+3 (1) with the provider by the child's parent;
297+4 (2) in a newborn safety device that:
298+5 (A) has been approved by a hospital licensed under IC 16-21;
299+6 (B) is physically located inside a hospital that is staffed
300+7 continuously on a twenty-four (24) hour basis every day to
301+8 provide care to patients in an emergency; and
302+9 (C) is located in an area that is conspicuous and visible to
303+10 hospital staff;
304+11 (3) in a newborn safety device that was installed on or before
305+12 January 1, 2017, and is located at a site that is staffed by an
306+13 emergency medical services provider (as defined in
307+14 IC 16-41-10-1);
308+15 (4) in a newborn safety device that:
309+16 (A) is located at a facility, fire department, or emergency
310+17 medical services station that:
311+18 (i) is staffed by an emergency medical services provider (as
312+19 defined in IC 16-41-10-1) on a twenty-four (24) hour seven
313+20 (7) day a week basis; and
314+21 (ii) has a dual alarm system to dispatch the nearest
315+22 emergency medical services provider to retrieve the
316+23 newborn infant if all emergency medical services
317+24 providers are dispatched to an emergency;
318+25 (B) is located in an area that is conspicuous and visible to
319+26 staff; and
320+27 (C) includes an adequate dual alarm system connected to the
321+28 site that is tested at least one (1) time per month to ensure the
322+29 alarm system is in working order;
323+30 (5) in a newborn safety device that:
324+31 (A) is located at a volunteer fire department that:
325+32 (i) meets the minimum response time established by the
326+33 county, not to exceed four (4) minutes; and
327+34 (ii) is located within one (1) mile of a hospital, police
328+35 station, or emergency medical services station that is staffed
329+36 on a twenty-four (24) hour per day, seven (7) day a week
330+37 basis with full-time personnel who hold a valid
331+38 cardiopulmonary resuscitation certification and that meets
332+39 the minimum response time established by the county, not
333+40 to exceed four (4) minutes;
334+41 (B) is equipped with an alert system:
335+42 (i) that, when the newborn safety device is opened,
336+ES 345—LS 6936/DI 148 8
337+1 automatically connects to the 911 system and transmits a
338+2 request for immediate dispatch of an emergency medical
339+3 services provider (as defined in IC 16-41-10-1) to the
340+4 location of the newborn safety device; and
341+5 (ii) that is tested at least one (1) time per month to ensure
342+6 the alert system is in working order; and
343+7 (C) is equipped with a video surveillance system that allows
344+8 members of a fire department to monitor the inside of the
345+9 newborn safety device twenty-four (24) hours a day and that:
346+10 (i) has at least two (2) firefighters who are responsible for
347+11 monitoring the inside of the newborn safety device
348+12 twenty-four (24) hours a day; and
349+13 (ii) is an independent surveillance system from the alert
350+14 system described in clause (B); or
351+15 (6) with medical staff after delivery in a hospital or other medical
352+16 facility when the child's parent notifies the medical staff that the
353+17 parent is voluntarily relinquishing the child;
354+18 and the parent does not express an intent to return for the child.
355+19 (b) An emergency medical services provider who takes custody of
356+20 a child under this section shall perform any act necessary to protect the
357+21 child's physical health or safety.
358+22 (c) Any person who in good faith voluntarily leaves a child:
359+23 (1) with an emergency medical services provider;
360+24 (2) in a newborn safety device described in this section; or
361+25 (3) with medical staff as described in subsection (a)(6);
362+26 is not obligated to disclose the parent's name or the person's name.
363+27 (d) The following are immune from civil liability, unless the act or
364+28 omission constitutes gross negligence or willful or wanton misconduct:
365+29 (1) An:
366+30 (A) emergency medical services provider; or
367+31 (B) employee of an emergency medical service services
368+32 provider;
369+33 for an act or omission relating to taking custody of a child under
370+34 subsection (a).
371+35 (2) A:
372+36 (A) medical staff person; or
373+37 (B) hospital or other medical facility;
374+38 for an act or omission relating to taking custody of a child under
375+39 subsection (a)(6).
376+40 (e) A hospital that approves the operation of a newborn safety
377+41 device that meets the requirements set forth in subsection (a)(2) is
378+42 immune from civil liability for an act or omission relating to the
379+ES 345—LS 6936/DI 148 9
380+1 operation of the newborn safety device unless the act or omission
381+2 constitutes gross negligence or willful or wanton misconduct.
382+3 (f) A newborn safety device described in subsection (a)(3) may
383+4 continue to operate without meeting the conditions set forth in
384+5 subsection (a)(2).
385+6 (g) A:
386+7 (1) facility, fire department, or emergency medical services
387+8 station or an employee of a facility, fire department, or emergency
388+9 medical services station that meets the requirements set forth in
389+10 subsection (a)(4); or
390+11 (2) volunteer fire department or a member of a volunteer fire
391+12 department that meets the requirements set forth in subsection
392+13 (a)(5);
393+14 is immune from civil liability for an act or omission relating to the
394+15 operation of the newborn safety device unless the act or omission
395+16 constitutes gross negligence or willful or wanton misconduct.
396+17 (h) Due to extenuating circumstances, if a child's parent or a person
397+18 is unable to give up custody of the child as described in subsection (a),
398+19 the child's parent or the person may request that an emergency medical
399+20 services provider (as defined in IC 16-41-10-1) take custody of the
400+21 child by:
401+22 (1) dialing the 911 emergency call number; and
402+23 (2) staying with the child until an emergency medical services
403+24 provider (as defined in IC 16-41-10-1) arrives to take custody of
404+25 the child.
405+26 The emergency medical dispatch agency (as defined in IC 16-31-3.5-1)
406+27 or the emergency medical services provider (as defined in
407+28 IC 16-41-10-1) shall inform the child's parent or the person described
408+29 in this subsection of the ability to remain anonymous as described in
409+30 subsection (c).
410+31 SECTION 6. IC 31-34-2.5-2, AS AMENDED BY P.L.43-2009,
411+32 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
412+33 JULY 1, 2023]: Sec. 2. (a) Immediately after an emergency medical
413+34 services provider takes custody of a child safe haven infant under
414+35 section 1 of this chapter, the provider shall notify either:
415+36 (1) the department of child services; or
416+37 (2) a licensed child placing agency;
417+38 that the provider has taken custody of the child. safe haven infant.
418+39 (b) If notified under subsection (a), the department of child
419+40 services or a licensed child placing agency shall:
420+41 (1) assume the care, control, and custody of the child safe haven
421+42 infant immediately after receiving notice under subsection (a);
422+ES 345—LS 6936/DI 148 10
423+1 and
424+2 (2) not later than forty-eight (48) hours after the department of
425+3 child services or a licensed child placing agency has taken
426+4 custody of the child, safe haven infant, contact the Indiana
427+5 clearinghouse for information on missing children and missing
428+6 endangered adults established by IC 10-13-5-5 and the National
429+7 Center for Missing and Exploited Children to determine if the
430+8 child safe haven infant has been reported missing; and
431+9 (3) fifteen (15) days after the department of child services or
432+10 a licensed child placing agency has taken custody of the safe
433+11 haven infant, contact the National Center for Missing and
434+12 Exploited Children a second time to determine if the safe
435+13 haven infant has been reported missing.
436+14 SECTION 7. IC 31-34-2.5-3, AS AMENDED BY P.L.234-2005,
437+15 SECTION 170, IS AMENDED TO READ AS FOLLOWS
438+16 [EFFECTIVE JULY 1, 2023]: Sec. 3. A child safe haven infant for
439+17 whom:
440+18 (1) the department of child services; or
441+19 (2) a licensed child placing agency;
442+20 assumes care, control, and custody under section 2 of this chapter shall
443+21 be treated as a child taken into custody without a court order, except
444+22 that efforts to locate the child's safe haven infant's parents or reunify
445+23 the child's safe haven infant's family are not necessary, if the court
446+24 makes a finding to that effect under IC 31-34-21-5.6(b)(5).
447+25 SECTION 8. IC 31-34-2.5-4, AS AMENDED BY P.L.234-2005,
448+26 SECTION 171, IS AMENDED TO READ AS FOLLOWS
449+27 [EFFECTIVE JULY 1, 2023]: Sec. 4. If notified under section 2 of
450+28 this chapter, whenever a child safe haven infant is taken into custody
451+29 without a court order under this chapter, the attorney for the department
452+30 of child services shall, without unnecessary delay, do the following:
453+31 (1) Request the juvenile court to:
454+32 (1) (A) authorize the filing of a petition alleging that the child
455+33 safe haven infant is a child in need of services;
456+34 (2) (B) hold an initial hearing under IC 31-34-10 not later than
457+35 the next business day after the child safe haven infant is taken
458+36 into custody; and
459+37 (3) (C) appoint a guardian ad litem or a court appointed
460+38 special advocate for the child. safe haven infant.
461+39 (2) File a petition to terminate the parent-child relationship
462+40 under IC 31-35-1.5.
463+41 SECTION 9. IC 31-34-2.5-5 IS ADDED TO THE INDIANA CODE
464+42 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
465+ES 345—LS 6936/DI 148 11
466+1 1, 2023]: Sec. 5. If a licensed child placing agency assumes custody
467+2 of a safe haven infant under section 2 of this chapter, the licensed
468+3 child placing agency shall do the following:
469+4 (1) Without unnecessary delay, place the safe haven infant in
470+5 a preapproved adoptive home with a prospective adoptive
471+6 parent who intends to adopt the safe haven infant.
472+7 (2) File a petition to terminate the parent-child relationship
473+8 under IC 31-35-1.5.
474+9 SECTION 10. IC 31-34-2.5-6 IS ADDED TO THE INDIANA
475+10 CODE AS A NEW SECTION TO READ AS FOLLOWS
476+11 [EFFECTIVE JULY 1, 2023]: Sec. 6. Unless prohibited by federal
477+12 law, a safe haven infant in the custody of the department of child
478+13 services or a licensed child placing agency under this chapter is
479+14 presumed eligible for Medicaid until a court grants a petition for
480+15 adoption of the safe haven infant.
481+16 SECTION 11. IC 31-34-21-5.6, AS AMENDED BY P.L.10-2019,
482+17 SECTION 125, IS AMENDED TO READ AS FOLLOWS
483+18 [EFFECTIVE JULY 1, 2023]: Sec. 5.6. (a) Except as provided in
484+19 subsection (c), a court may make a finding described in this section at
485+20 any phase of a child in need of services proceeding.
486+21 (b) Reasonable efforts to reunify a child with the child's parent,
487+22 guardian, or custodian or preserve a child's family as described in
488+23 section 5.5 of this chapter are not required if the court finds any of the
489+24 following:
490+25 (1) A parent, guardian, or custodian of a child who is a child in
491+26 need of services has been convicted of:
492+27 (A) an offense described in IC 31-35-3-4(1)(B) or
493+28 IC 31-35-3-4(1)(D) through IC 31-35-3-4(1)(J) against a
494+29 victim who is:
495+30 (i) a child described in IC 31-35-3-4(2); or
496+31 (ii) a parent of the child; or
497+32 (B) a comparable offense as described in clause (A) in any
498+33 other state, territory, or country by a court of competent
499+34 jurisdiction.
500+35 (2) A parent, guardian, or custodian of a child who is a child in
501+36 need of services:
502+37 (A) has been convicted of:
503+38 (i) the murder (IC 35-42-1-1) or voluntary manslaughter
504+39 (IC 35-42-1-3) of a victim who is a child described in
505+40 IC 31-35-3-4(2)(B) or a parent of the child; or
506+41 (ii) a comparable offense described in item (i) in any other
507+42 state, territory, or country; or
508+ES 345—LS 6936/DI 148 12
509+1 (B) has been convicted of:
510+2 (i) aiding, inducing, or causing another person;
511+3 (ii) attempting; or
512+4 (iii) conspiring with another person;
513+5 to commit an offense described in clause (A).
514+6 (3) A parent, guardian, or custodian of a child who is a child in
515+7 need of services has been convicted of:
516+8 (A) battery as a Class A felony (for a crime committed before
517+9 July 1, 2014) or Level 2 felony (for a crime committed after
518+10 June 30, 2014);
519+11 (B) battery as a Class B felony (for a crime committed before
520+12 July 1, 2014) or Level 3 or Level 4 felony (for a crime
521+13 committed after June 30, 2014);
522+14 (C) battery as a Class C felony (for a crime committed before
523+15 July 1, 2014) or Level 5 felony (for a crime committed after
524+16 June 30, 2014);
525+17 (D) aggravated battery (IC 35-42-2-1.5);
526+18 (E) criminal recklessness (IC 35-42-2-2) as a Class C felony
527+19 (for a crime committed before July 1, 2014) or a Level 5
528+20 felony (for a crime committed after June 30, 2014);
529+21 (F) neglect of a dependent (IC 35-46-1-4) as a Class B felony
530+22 (for a crime committed before July 1, 2014) or a Level 1 or
531+23 Level 3 felony (for a crime committed after June 30, 2014);
532+24 (G) promotion of human labor trafficking, promotion of human
533+25 sexual trafficking, promotion of child sexual trafficking,
534+26 promotion of sexual trafficking of a younger child, child
535+27 sexual trafficking, or human trafficking (IC 35-42-3.5-1
536+28 through IC 35-42-3.5-1.4) as a felony; or
537+29 (H) a comparable offense described in clauses (A) through (G)
538+30 under federal law or in another state, territory, or country;
539+31 against a child described in IC 31-35-3-4(2)(B).
540+32 (4) The parental rights of a parent with respect to a biological or
541+33 adoptive sibling of a child who is a child in need of services have
542+34 been involuntarily terminated by a court under:
543+35 (A) IC 31-35-2 (involuntary termination involving a
544+36 delinquent child or a child in need of services);
545+37 (B) IC 31-35-3 (involuntary termination involving an
546+38 individual convicted of a criminal offense); or
547+39 (C) any comparable law described in clause (A) or (B) in any
548+40 other state, territory, or country.
549+41 (5) The child is an abandoned infant, provided that the court:
550+42 (A) has appointed a guardian ad litem or court appointed
551+ES 345—LS 6936/DI 148 13
552+1 special advocate for the child; and
553+2 (B) after receiving a written report and recommendation from
554+3 the guardian ad litem or court appointed special advocate, and
555+4 after a hearing, finds that reasonable efforts to locate the
556+5 child's parents or reunify the child's family would not be in the
557+6 best interests of the child.
558+7 (6) The child is a safe haven infant.
559+8 (c) During or at any time after the first periodic case review under
560+9 IC 31-34-21-2 of a child in need of services proceeding, if the court
561+10 finds that a parent, guardian, or custodian of the child has been charged
562+11 with an offense described in subsection (b)(3) and is awaiting trial, the
563+12 court may make a finding that reasonable efforts to reunify the child
564+13 with the child's parent, guardian, or custodian or preserve the child's
565+14 family as described in section 5.5 of this chapter may be suspended
566+15 pending the disposition of the parent's, guardian's, or custodian's
567+16 criminal charge.
568+17 SECTION 12. IC 31-35-1-1 IS AMENDED TO READ AS
569+18 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 1. (a) Except as
570+19 provided in subsection (b), this chapter applies to the voluntary
571+20 termination of the parent-child relationship by parents.
572+21 (b) This chapter does not apply to termination of the
573+22 parent-child relationship involving a safe haven infant.
574+23 SECTION 13. IC 31-35-1.5 IS ADDED TO THE INDIANA CODE
575+24 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
576+25 JULY 1, 2023]:
577+26 Chapter 1.5. Termination of Parent-Child Relationship
578+27 Involving Safe Haven Infants
579+28 Sec. 1. This chapter applies to the termination of a parent-child
580+29 relationship involving a safe haven infant.
581+30 Sec. 2. Proceedings under this chapter are governed by the
582+31 procedures prescribed by IC 31-35-1.
583+32 Sec. 3. The probate court has concurrent original jurisdiction
584+33 with the juvenile court in proceedings on a petition filed under this
585+34 chapter for the termination of the parent-child relationship.
586+35 Sec. 4. (a) The:
587+36 (1) department's attorney; or
588+37 (2) licensed child placing agency;
589+38 shall sign and file a verified petition for the termination of the
590+39 parent-child relationship not more than fifteen (15) days after
591+40 taking custody of a safe haven infant.
592+41 (b) The petition must:
593+42 (1) be entitled "In the Matter of the Termination of the
594+ES 345—LS 6936/DI 148 14
595+1 Parent-Child Relationship of ____________, a Safe Haven
596+2 Infant"; and
597+3 (2) allege that the:
598+4 (A) child was left in a newborn safety device or by a parent
599+5 with an emergency medical services provider; and
600+6 (B) termination of the parent-child relationship is:
601+7 (i) in the child's best interest; and
602+8 (ii) in furtherance of an adoption.
603+9 (c) At the time the verified petition described in subsection (a)
604+10 is filed:
605+11 (1) the department's attorney shall also file a permanency
606+12 plan for the safe haven infant; or
607+13 (2) the licensed child placing agency shall also file a
608+14 recommendation in support of the prospective adoptive
609+15 parent with whom the safe haven infant is placed.
610+16 Sec. 5. Notice of a petition to terminate the parent-child
611+17 relationship under section 4 of this chapter must be given to:
612+18 (1) each known living parent of a child born in wedlock,
613+19 including a man who is presumed to be the child's biological
614+20 father under IC 31-14-7-1, in accordance with IC 31-19-2.5-6;
615+21 and
616+22 (2) an unnamed or unknown putative parent;
617+23 in substantially the following form:
618+24 "NOTICE TO UNNAMED PARENT
619+25 The unnamed putative parent of a ______ (gender) infant that
620+26 was voluntarily surrendered on ______ (date) in __________
621+27 (county) and born on approximately _____ (birth date range), or
622+28 the person who claims to be a parent of the infant, is notified that
623+29 a petition to terminate the parent-child relationship was filed in the
624+30 office of the clerk of _____ court, _____ (address of court).
625+31 If the unnamed putative parent seeks to contest the petition to
626+32 terminate the parent-child relationship of the infant, the unnamed
627+33 putative parent must file a motion to contest the petition in
628+34 accordance with IC 31-35-1.5-8 in the above named court within
629+35 twenty-eight (28) days after the date of service of this notice. This
630+36 notice may be served by publication.
631+37 If the unnamed putative parent does not file a motion to contest
632+38 the adoption within twenty-eight (28) days after service of this
633+39 notice, the above named court shall hear and determine the
634+40 petition to terminate the parent-child relationship. The unnamed
635+41 putative parent's consent is irrevocably implied and the unnamed
636+42 putative parent loses the right to contest the petition to terminate
637+ES 345—LS 6936/DI 148 15
638+1 the parent-child relationship or the validity of the unnamed
639+2 putative parent's implied consent to the termination of the
640+3 parent-child relationship. The unnamed putative parent loses the
641+4 right to establish a biological relationship with the child in Indiana
642+5 or any other jurisdiction.
643+6 Nothing anyone else says to the unnamed putative parent of the
644+7 infant relieves the unnamed putative parent of his or her
645+8 obligations under this notice.
646+9 Under Indiana law, a putative parent is a person who claims
647+10 that he or she may be the father or mother of an infant who has
648+11 been voluntarily surrendered but who has not yet been legally
649+12 proven to be the child's father or mother.
650+13 This notice complies with IC 31-35-1.5-5 but does not
651+14 exhaustively set forth the unnamed putative parent's legal
652+15 obligations under the Indiana adoption statutes. A person being
653+16 served with this notice should consult the Indiana adoption
654+17 statutes."
655+18 Sec. 6. Notice given to an unnamed or unknown putative parent
656+19 under section 5 of this chapter must be published once a week for
657+20 three (3) consecutive weeks in the print edition or electronic edition
658+21 of a newspaper of general circulation in:
659+22 (1) the county in which the safe haven infant was voluntarily
660+23 surrendered; and
661+24 (2) each contiguous county to the county described in
662+25 subdivision (1).
663+26 Sec. 7. (a) The person whose duty it was to cause the publication
664+27 under section 6 of this chapter or IC 31-19-2.5-6 shall file an
665+28 affidavit of publication in the clerk's office.
666+29 (b) The affidavit described in subsection (a) must:
667+30 (1) be attached to a copy of the notice taken from the
668+31 newspaper or website in which the notice was published;
669+32 (2) be the affidavit of a person who:
670+33 (A) is employed by the entity that published the notice; and
671+34 (B) is at least eighteen (18) years of age; and
672+35 (3) specify the county, the date, and the newspaper or website
673+36 in which the notice was published.
674+37 Sec. 8. Both parents' consent to termination of the parent-child
675+38 relationship is irrevocably implied without further court action if:
676+39 (1) neither parent has filed a petition for custody or
677+40 responded to the notice to unnamed putative parent published
678+41 under section 6 of this chapter; and
679+42 (2) at least twenty-eight (28) days have passed since the
680+ES 345—LS 6936/DI 148 16
681+1 department or the licensed child placing agency has taken
682+2 custody of the safe haven infant.
683+3 Sec. 9. If, after a petition is filed by the department or a licensed
684+4 child placing agency under section 4 of this chapter, a person
685+5 contacts the department or a licensed child placing agency and
686+6 claims to be a putative parent of the safe haven infant, the court
687+7 may issue an order concerning visitation or custody of the safe
688+8 haven infant if:
689+9 (1) the person undergoes a DNA test (as defined in
690+10 IC 16-37-2-10); and
691+11 (2) the DNA test results establish that the person is a
692+12 biological parent of the safe haven infant.
693+13 Sec. 10. The court may not inquire about the reasons for the
694+14 parent's absence or investigate why the parent chose to leave the
695+15 safe haven infant.
696+16 Sec. 11. A licensed child placing agency that files a petition
697+17 under section 4 of this chapter with respect to a safe haven infant
698+18 may not charge a prospective adoptive family of the safe haven
699+19 infant a fee that exceeds the direct costs incurred by the licensed
700+20 child placing agency for services related to:
701+21 (1) the placement of the safe haven infant with the family; and
702+22 (2) the licensed child placement agency's participation in the
703+23 proceedings under this chapter concerning the petition.
704+ES 345—LS 6936/DI 148 17
705+COMMITTEE REPORT
706+Madam President: The Senate Committee on Judiciary, to which
707+was referred Senate Bill No. 345, has had the same under consideration
708+and begs leave to report the same back to the Senate with the
709+recommendation that said bill be AMENDED as follows:
710+Page 1, delete lines 7 through 8, begin a new line block indented
711+and insert:
712+"(2) who has been voluntarily left:
22713 (A) by a parent with an emergency medical services
23714 provider (as defined in IC 16-41-10-1); or
24715 (B) in a newborn safety device;
25-under IC 31-34-2.5-1.
26-SECTION 2. IC 31-19-2-7.2 IS ADDED TO THE INDIANA CODE
27-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
28-1, 2023]: Sec. 7.2. (a) A licensed child placing agency may not:
716+under IC 31-34-2.5-1.".
717+Page 2, line 4, strike "and".
718+Page 2, line 9, after "IC 10-13-5-5" insert "and the National Center
719+for Missing and Exploited Children".
720+Page 2, line 10, delete "or" and insert "and
721+(C) fifteen (15) days after the department of child services
722+has taken custody of the safe haven infant, contact the
723+National Center for Missing and Exploited Children a
724+second time to determine if the safe haven infant has been
725+reported missing; or".
726+Page 2, line 14, delete "and".
727+Page 2, line 17, delete "contact the Indiana clearinghouse for
728+information" and insert "contact:
729+(i) the Indiana clearinghouse for information on missing
730+children and missing endangered adults established by
731+IC 10-13-5-5; and
732+(ii) the National Center for Missing and Exploited
733+Children;
734+to determine if the safe haven infant has been reported
735+missing; and
736+(C) fifteen (15) days after the licensed child placing agency
737+has taken custody of the safe haven infant, contact the
738+National Center for Missing and Exploited Children a
739+second time to determine if the safe haven infant has been
740+reported missing.".
741+Page 2, delete lines 18 through 20.
742+Page 3, between lines 15 and 16, begin a new paragraph and insert:
743+"SECTION 6. IC 31-34-2.5-6 IS ADDED TO THE INDIANA
744+CODE AS A NEW SECTION TO READ AS FOLLOWS
745+[EFFECTIVE JULY 1, 2023]: Sec. 6. Unless prohibited by federal
746+law, a safe haven infant in the custody of the department of child
747+ES 345—LS 6936/DI 148 18
748+services or a licensed child placing agency under this chapter is
749+presumed eligible for Medicaid until a court grants a petition for
750+adoption of the safe haven infant.".
751+Page 5, line 31, delete "by:" and insert "by IC 31-35-1.".
752+Page 5, delete lines 32 through 36.
753+Page 6, between lines 19 and 20, begin a new paragraph and insert:
754+"Sec. 5. Notice of a petition to terminate the parent-child
755+relationship under section 4 of this chapter must be given to an
756+unnamed putative parent in substantially the following form:
757+"NOTICE TO UNNAMED PARENT
758+The unnamed putative parent of a ______ (gender) infant that
759+was voluntarily surrendered on ______ (date) in __________
760+(county) and born on approximately _____ (birth date range), or
761+the person who claims to be a parent of the infant, is notified that
762+a petition to terminate the parent-child relationship was filed in the
763+office of the clerk of _____ court, _____ (address of court).
764+If the unnamed putative parent seeks to contest the petition to
765+terminate the parent-child relationship of the infant, the unnamed
766+putative parent must file a motion to contest the petition in
767+accordance with IC 31-35-1.5-6 in the above named court within
768+twenty-eight (28) days after the date of service of this notice. This
769+notice may be served by publication.
770+If the unnamed putative parent does not file a motion to contest
771+the adoption within twenty-eight (28) days after service of this
772+notice, the above named court shall hear and determine the
773+petition to terminate the parent-child relationship. The unnamed
774+putative parent's consent is irrevocably implied and the unnamed
775+putative parent loses the right to contest the petition to terminate
776+the parent-child relationship or the validity of the unnamed
777+putative parent's implied consent to the termination of the
778+parent-child relationship. The unnamed putative parent loses the
779+right to establish a biological relationship with the child in Indiana
780+or any other jurisdiction.
781+Nothing anyone else says to the unnamed putative parent of the
782+infant relieves the unnamed putative parent of his or her
783+obligations under this notice.
784+Under Indiana law, a putative parent is a person who claims
785+that he or she may be the father or mother of an infant who has
786+been voluntarily surrendered but who has not yet been legally
787+proven to be the child's father or mother.
788+This notice complies with IC 31-35-1.5-5 but does not
789+exhaustively set forth the unnamed putative parent's legal
790+ES 345—LS 6936/DI 148 19
791+obligations under the Indiana adoption statutes. A person being
792+served with this notice should consult the Indiana adoption
793+statutes."
794+Sec. 6. Notice under section 5 of this chapter must be published
795+once a week for three (3) consecutive weeks in the print edition or
796+electronic edition of a newspaper of general circulation in:
797+(1) the county in which the safe haven infant was voluntarily
798+surrendered; and
799+(2) each contiguous county to the county described in
800+subdivision (1).".
801+Page 6, line 20, delete "5." and insert "7.".
802+Page 6, line 22, delete "custody;" and insert "custody or responded
803+to the notice to unnamed putative parent published under section
804+6 of this chapter;".
805+Page 6, between lines 25 and 26, begin a new paragraph and insert:
806+"Sec. 8. (a) If, after a petition is filed by the department or a
807+licensed child placing agency under section 4 of this chapter, a
808+person contacts the department or a licensed child placing agency
809+and claims to be a putative parent of the safe haven infant, the
810+court may issue an order concerning visitation or custody of the
811+safe haven infant if:
812+(1) the person undergoes a DNA test (as defined in
813+IC 16-37-2-10); and
814+(2) the DNA test results establish that the person is a
815+biological parent of the safe haven infant.".
816+Page 6, delete lines 26 through 27.
817+Page 6, line 28, delete "7." and insert "8.".
818+Page 6, after line 30, begin a new paragraph and insert:
819+"Sec. 9. A licensed child placing agency that files a petition
820+under section 4 of this chapter with respect to a safe haven infant
821+may not charge a prospective adoptive family of the safe haven
822+infant a fee that exceeds the direct costs incurred by the licensed
823+child placing agency for services related to:
824+(1) the placement of the safe haven infant with the family; and
825+(2) the licensed child placement agency's participating in the
826+proceedings under this chapter concerning the petition.".
827+Renumber all SECTIONS consecutively.
828+and when so amended that said bill do pass.
829+(Reference is to SB 345 as introduced.)
830+ES 345—LS 6936/DI 148 20
831+BROWN L, Chairperson
832+Committee Vote: Yeas 10, Nays 0.
833+_____
834+SENATE MOTION
835+Madam President: I move that Senate Bill 345 be amended to read
836+as follows:
837+Page 3, delete lines 34 through 40.
838+Page 6, line 29, delete "device;" and insert "device or by a parent
839+with an emergency medical services provider;".
840+Renumber all SECTIONS consecutively.
841+(Reference is to SB 345 as printed February 17, 2023.)
842+HOLDMAN
843+_____
844+COMMITTEE REPORT
845+Mr. Speaker: Your Committee on Judiciary, to which was referred
846+Senate Bill 345, has had the same under consideration and begs leave
847+to report the same back to the House with the recommendation that said
848+bill be amended as follows:
849+Page 1, between lines 11 and 12, begin a new paragraph and insert:
850+"SECTION 2. IC 31-19-2-7.2 IS ADDED TO THE INDIANA
851+CODE AS A NEW SECTION TO READ AS FOLLOWS
852+[EFFECTIVE JULY 1, 2023]: Sec. 7.2. (a) A licensed child placing
853+agency may not:
29854 (1) require, as a condition for obtaining an adoption, that an
30855 individual or a member of the individual's household receive
31856 an immunization; or
32857 (2) discriminate against an individual with respect to:
33858 (A) the immunization status of; or
34859 (B) a refusal to receive an immunization by;
35860 the individual or a member of the individual's household.
36-SEA 345 — Concur 2
37861 (b) If a licensed child placing agency knowingly violates this
38862 section, the department may:
39863 (1) issue a warning to the child placing agency;
40864 (2) place the child placing agency's license on probationary
41865 status; or
866+ES 345—LS 6936/DI 148 21
42867 (3) terminate the child placing agency license.
43868 (c) Nothing in this section prohibits a licensed child placing
44869 agency from making placement decisions based on the individual
45870 needs of a medically fragile child or on biological parental
46871 preferences.
47872 SECTION 3. IC 31-19-2.5-6, AS ADDED BY P.L.203-2021,
48873 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
49874 JULY 1, 2023]: Sec. 6. (a) Except as provided in subsections (b) and
50875 (c), notice may be given to an individual under IC 31-19-4-1,
51876 IC 31-19-4-2, IC 31-19-4.5-2, IC 31-19-5-4, or IC 31-19-5-7, or
52877 IC 31-35-1.5 by:
53878 (1) sending a copy of the notice to:
54879 (A) the individual's residence;
55880 (B) the individual's place of business or employment; or
56881 (C) any other address at which the individual may be found;
57882 by certified mail, public delivery service, or other public means
58883 that allow the sender to obtain a written acknowledgment of
59884 receipt, with return receipt requested;
60885 (2) personally delivering a copy of the notice to the individual;
61886 (3) leaving a copy of the notice at, and sending another copy of
62887 the notice by first class mail to:
63888 (A) the individual's dwelling, house, or usual place of
64889 residence;
65890 (B) the individual's place of business or employment; or
66891 (C) any other address at which the individual may be found; or
67892 (4) giving notice by any other means that allows the individual's
68893 receipt of the notice to reasonably be confirmed.
69894 (b) Notice shall be given under IC 31-19-4-1, IC 31-19-4-2,
70895 IC 31-19-4.5-2, IC 31-19-5-4, or IC 31-19-5-7, or IC 31-35-1.5 to an
71896 individual who is imprisoned or detained in an institution by delivering
72897 or mailing a copy of the notice to the official in charge of the
73898 institution. The official in charge of the institution shall:
74899 (1) immediately deliver the notice to the individual;
75900 (2) allow the individual to make provisions for adequate
76901 representation by counsel; and
77902 (3) indicate in an affidavit of service that the individual has
78903 received the notice and been given an opportunity to retain
79-SEA 345 — Concur 3
80904 counsel.
81905 (c) If a petitioner for adoption of a child or a petitioner for the
82906 termination of parental rights of a safe haven infant (under
83907 IC 31-35-1.5) does not know the address of an individual entitled to
84908 notice under IC 31-19-4-3, or IC 31-19-4.5-2, or IC 31-35-1.5-5, the
909+ES 345—LS 6936/DI 148 22
85910 notice must be provided to the individual as follows:
86911 (1) If the petitioner knows the county in which the individual
87912 resides, the notice must be published once a week for three (3)
88913 consecutive weeks in the print edition or electronic edition of a
89914 newspaper of general circulation in the county.
90915 (2) If the petitioner does not know the county in which the
91916 individual resides, the notice must be published as follows:
92917 (A) If the child or safe haven infant is less than thirty (30)
93918 days of age at the time the petition for adoption or petition for
94919 the termination of parental rights of a safe haven infant is
95920 filed, the notice must be published once a week for three (3)
96921 consecutive weeks in the print edition or electronic edition of
97922 a newspaper of general circulation in the county in which the
98923 child was conceived or in which the safe haven infant was
99924 voluntarily surrendered.
100925 (B) If the child is at least thirty (30) days of age but less than
101926 six (6) months of age at the time the petition for adoption is
102927 filed, the notice must be published once a week for three (3)
103928 consecutive weeks in the print edition or electronic edition of:
104929 (i) a newspaper of general circulation in the county in which
105930 the child lived for the greatest proportion of the first six (6)
106931 months of the child's life; and
107932 (ii) a newspaper of general circulation in the county in
108933 which the child was conceived, if different from the county
109934 described in item (i).
110935 (C) If the child is six (6) months of age or older at the time the
111936 petition for adoption is filed, the notice must be published
112937 once a week for three (3) consecutive weeks in the print
113938 edition or electronic edition of a newspaper of general
114939 circulation in the county in which the child lived for the
115940 greatest proportion of the six (6) month period ending on the
116941 date on which the petition for adoption is filed.
117942 (d) If an individual:
118943 (1) is served with notice of an adoption or notice to terminate
119944 the parent-child relationship of a safe haven infant;
120945 (2) is notified that:
121946 (A) the individual is being served with notice; and
122-SEA 345 — Concur 4
123947 (B) if the individual refuses to accept the offer or tender of the
124948 notice, the offer or tender of the notice is adequate service of
125949 the notice, and the individual may not challenge the service of
126950 the notice; and
127951 (3) refuses to accept the offer or tender of the notice;
952+ES 345—LS 6936/DI 148 23
128953 the offer or tender of the notice is adequate service of the notice, and
129954 the individual may not challenge the service of the notice.
130955 (e) A person accepting service of notice for another individual under
131956 this section:
132957 (1) shall promptly deliver the notice to the individual;
133958 (2) shall promptly notify the individual that the person is in
134959 possession of the notice; or
135960 (3) if the person is not able to deliver the notice to the individual,
136961 shall, not later than three (3) days after accepting the notice,
137962 notify the attorney or adoption agency attempting to serve the
138963 notice that the person was unable to deliver the notice to the
139964 individual.
140965 (f) An individual to whom service is made or attempted under this
141966 section may not impose a sanction, penalty, or punishment on, or
142967 discriminate in any manner whatsoever against, the individual serving
143968 or attempting to serve the notice. Willful violation of this section is
144969 punishable as contempt of the court with jurisdiction over the adoption
145970 proceeding.
146971 SECTION 4. IC 31-27-4-6, AS AMENDED BY P.L.183-2017,
147972 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
148973 JULY 1, 2023]: Sec. 6. (a) The following constitute sufficient grounds
149974 for a denial of a license application:
150975 (1) A determination by the department of child abuse or neglect
151976 by:
152977 (A) the applicant;
153978 (B) an employee or a volunteer of the applicant who has direct
154979 contact, on a regular and continuous basis, with children who
155980 are under the direct supervision of the applicant; or
156981 (C) a person residing in the applicant's residence.
157982 (2) A criminal conviction of the applicant of any of the following:
158983 (A) a felony;
159984 (B) a misdemeanor related to the health and safety of a child;
160985 (C) a misdemeanor for operating a child care center or child
161986 care home without a license under IC 12-17.2-5; or
162987 (D) a misdemeanor for operating a foster family home without
163988 a license under this chapter (or IC 12-17.4-4 before its repeal).
164989 (3) A determination by the department that the applicant made
165-SEA 345 — Concur 5
166990 false statements in the applicant's application for licensure.
167991 (4) A determination by the department that the applicant made
168992 false statements in the records required by the department.
169993 (5) A determination by the department that:
170994 (A) the applicant;
995+ES 345—LS 6936/DI 148 24
171996 (B) an employee or a volunteer of the applicant who has direct
172997 contact, on a regular and continuous basis, with children who
173998 are under the direct supervision of the applicant; or
174999 (C) a person residing in the applicant's residence;
1751000 previously operated a child care center or child care home without
1761001 a license under IC 12-17.2-5 or a foster family home without a
1771002 license under this chapter (or IC 12-17.4-4 before its repeal).
1781003 (6) A juvenile adjudication of the applicant for a nonwaivable
1791004 offense, as defined in IC 31-9-2-84.8 that, if committed by an
1801005 adult, would be a felony.
1811006 (b) An application for a license may also be denied if an individual
1821007 who resides in the residence of the applicant or an employee or
1831008 volunteer of the applicant who has direct contact on a regular and
1841009 continuous basis with children who are under the direct supervision of
1851010 the applicant has had any of the following:
1861011 (1) A conviction of a nonwaivable offense, as defined in
1871012 IC 31-9-2-84.8.
1881013 (2) A conviction of any other felony or a misdemeanor relating to
1891014 the health and safety of a child, unless the applicant is granted a
1901015 waiver by the department to employ or assign the person as a
1911016 volunteer in a position described in this subsection or to permit
1921017 the individual to reside in the applicant's residence.
1931018 (3) A juvenile adjudication for a nonwaivable offense, as defined
1941019 in IC 31-9-2-84.8 that, if committed by an adult, would be a
1951020 felony, unless the applicant is granted a waiver by the department
1961021 to:
1971022 (A) employ or assign the person as a volunteer in a position
1981023 described in this subsection; or
1991024 (B) permit the individual to reside in the applicant's residence.
2001025 (c) In determining whether to grant a waiver under subsection (b),
2011026 the department shall consider the following factors:
2021027 (1) The length of time that has passed since the disqualifying
2031028 conviction.
2041029 (2) The severity, nature, and circumstances of the offense.
2051030 (3) Evidence of rehabilitation.
2061031 (4) The duties and qualifications required for the proposed
2071032 employment positions or volunteer assignment.
208-SEA 345 — Concur 6
2091033 (5) The nature and extent of unsupervised contact with children
2101034 residing in the home.
2111035 (d) Notwithstanding subsection (a) or (b), if:
2121036 (1) a license application could be denied due to a criminal
2131037 conviction of, or a determination of child abuse or neglect by, an
1038+ES 345—LS 6936/DI 148 25
2141039 employee, a volunteer, or a person residing in the residence of the
2151040 applicant; and
2161041 (2) the department determines that the employee or volunteer has
2171042 been dismissed before the employee or volunteer has direct
2181043 contact on a regular and continuing basis with a child who is or
2191044 will be placed in a facility operated by the applicant or that the
2201045 person residing in the residence no longer resides there;
2211046 the criminal conviction of, or determination of child abuse or neglect
2221047 by, the former employee, former volunteer, or former household
2231048 resident does not constitute a sufficient basis for the denial of a license
2241049 application.
2251050 (e) The following do not constitute a sufficient basis for the
2261051 denial of a license application:
2271052 (1) The applicant's immunization status or refusal to receive
2281053 an immunization.
2291054 (2) The immunization status of or refusal to receive an
2301055 immunization by:
2311056 (A) an individual who resides in the applicant's residence;
2321057 or
2331058 (B) an employee or volunteer of the applicant who has
2341059 direct contact on a regular and continuous basis with
2351060 children who are under the direct supervision of the
2361061 applicant.
2371062 (f) Nothing in this section prohibits a licensed child placing
2381063 agency from making placement decisions based on the individual
2391064 needs of a medically fragile child or on biological parental
2401065 preferences.
2411066 (e) (g) The department may adopt rules to implement this section.
2421067 SECTION 5. IC 31-34-2.5-1, AS AMENDED BY THE
2431068 TECHNICAL CORRECTIONS BILL OF THE 2023 GENERAL
2441069 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2451070 JULY 1, 2023]: Sec. 1. (a) An emergency medical services provider (as
2461071 defined in IC 16-41-10-1) shall, without a court order, take custody of
2471072 a child who is, or who appears to be, not more than thirty (30) days of
2481073 age if except as provided in subsection (h), the child is voluntarily left:
2491074 (1) with the provider by the child's parent;
2501075 (2) in a newborn safety device that:
251-SEA 345 — Concur 7
2521076 (A) has been approved by a hospital licensed under IC 16-21;
2531077 (B) is physically located inside a hospital that is staffed
2541078 continuously on a twenty-four (24) hour basis every day to
2551079 provide care to patients in an emergency; and
2561080 (C) is located in an area that is conspicuous and visible to
1081+ES 345—LS 6936/DI 148 26
2571082 hospital staff;
2581083 (3) in a newborn safety device that was installed on or before
2591084 January 1, 2017, and is located at a site that is staffed by an
2601085 emergency medical services provider (as defined in
2611086 IC 16-41-10-1);
2621087 (4) in a newborn safety device that:
2631088 (A) is located at a facility, fire department, or emergency
2641089 medical services station that:
2651090 (i) is staffed by an emergency medical services provider (as
2661091 defined in IC 16-41-10-1) on a twenty-four (24) hour seven
2671092 (7) day a week basis; and
2681093 (ii) has a dual alarm system to dispatch the nearest
2691094 emergency medical services provider to retrieve the
2701095 newborn infant if all emergency medical services
2711096 providers are dispatched to an emergency;
2721097 (B) is located in an area that is conspicuous and visible to
2731098 staff; and
2741099 (C) includes an adequate dual alarm system connected to the
2751100 site that is tested at least one (1) time per month to ensure the
2761101 alarm system is in working order;
2771102 (5) in a newborn safety device that:
2781103 (A) is located at a volunteer fire department that:
2791104 (i) meets the minimum response time established by the
2801105 county, not to exceed four (4) minutes; and
2811106 (ii) is located within one (1) mile of a hospital, police
2821107 station, or emergency medical services station that is staffed
2831108 on a twenty-four (24) hour per day, seven (7) day a week
2841109 basis with full-time personnel who hold a valid
2851110 cardiopulmonary resuscitation certification and that meets
2861111 the minimum response time established by the county, not
2871112 to exceed four (4) minutes;
2881113 (B) is equipped with an alert system:
2891114 (i) that, when the newborn safety device is opened,
2901115 automatically connects to the 911 system and transmits a
2911116 request for immediate dispatch of an emergency medical
2921117 services provider (as defined in IC 16-41-10-1) to the
2931118 location of the newborn safety device; and
294-SEA 345 — Concur 8
2951119 (ii) that is tested at least one (1) time per month to ensure
2961120 the alert system is in working order; and
2971121 (C) is equipped with a video surveillance system that allows
2981122 members of a fire department to monitor the inside of the
2991123 newborn safety device twenty-four (24) hours a day and that:
1124+ES 345—LS 6936/DI 148 27
3001125 (i) has at least two (2) firefighters who are responsible for
3011126 monitoring the inside of the newborn safety device
3021127 twenty-four (24) hours a day; and
3031128 (ii) is an independent surveillance system from the alert
3041129 system described in clause (B); or
3051130 (6) with medical staff after delivery in a hospital or other medical
3061131 facility when the child's parent notifies the medical staff that the
3071132 parent is voluntarily relinquishing the child;
3081133 and the parent does not express an intent to return for the child.
3091134 (b) An emergency medical services provider who takes custody of
3101135 a child under this section shall perform any act necessary to protect the
3111136 child's physical health or safety.
3121137 (c) Any person who in good faith voluntarily leaves a child:
3131138 (1) with an emergency medical services provider;
3141139 (2) in a newborn safety device described in this section; or
3151140 (3) with medical staff as described in subsection (a)(6);
3161141 is not obligated to disclose the parent's name or the person's name.
3171142 (d) The following are immune from civil liability, unless the act or
3181143 omission constitutes gross negligence or willful or wanton misconduct:
3191144 (1) An:
3201145 (A) emergency medical services provider; or
3211146 (B) employee of an emergency medical service services
3221147 provider;
3231148 for an act or omission relating to taking custody of a child under
3241149 subsection (a).
3251150 (2) A:
3261151 (A) medical staff person; or
3271152 (B) hospital or other medical facility;
3281153 for an act or omission relating to taking custody of a child under
3291154 subsection (a)(6).
3301155 (e) A hospital that approves the operation of a newborn safety
3311156 device that meets the requirements set forth in subsection (a)(2) is
3321157 immune from civil liability for an act or omission relating to the
3331158 operation of the newborn safety device unless the act or omission
3341159 constitutes gross negligence or willful or wanton misconduct.
3351160 (f) A newborn safety device described in subsection (a)(3) may
3361161 continue to operate without meeting the conditions set forth in
337-SEA 345 — Concur 9
3381162 subsection (a)(2).
3391163 (g) A:
3401164 (1) facility, fire department, or emergency medical services
3411165 station or an employee of a facility, fire department, or emergency
3421166 medical services station that meets the requirements set forth in
1167+ES 345—LS 6936/DI 148 28
3431168 subsection (a)(4); or
3441169 (2) volunteer fire department or a member of a volunteer fire
3451170 department that meets the requirements set forth in subsection
3461171 (a)(5);
3471172 is immune from civil liability for an act or omission relating to the
3481173 operation of the newborn safety device unless the act or omission
3491174 constitutes gross negligence or willful or wanton misconduct.
3501175 (h) Due to extenuating circumstances, if a child's parent or a person
3511176 is unable to give up custody of the child as described in subsection (a),
3521177 the child's parent or the person may request that an emergency medical
3531178 services provider (as defined in IC 16-41-10-1) take custody of the
3541179 child by:
3551180 (1) dialing the 911 emergency call number; and
3561181 (2) staying with the child until an emergency medical services
3571182 provider (as defined in IC 16-41-10-1) arrives to take custody of
3581183 the child.
3591184 The emergency medical dispatch agency (as defined in IC 16-31-3.5-1)
3601185 or the emergency medical services provider (as defined in
3611186 IC 16-41-10-1) shall inform the child's parent or the person described
3621187 in this subsection of the ability to remain anonymous as described in
363-subsection (c).
364-SECTION 6. IC 31-34-2.5-2, AS AMENDED BY P.L.43-2009,
365-SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
366-JULY 1, 2023]: Sec. 2. (a) Immediately after an emergency medical
367-services provider takes custody of a child safe haven infant under
368-section 1 of this chapter, the provider shall notify either:
369-(1) the department of child services; or
370-(2) a licensed child placing agency;
371-that the provider has taken custody of the child. safe haven infant.
372-(b) If notified under subsection (a), the department of child
1188+subsection (c).".
1189+Page 2, delete lines 3 through 38, begin a new paragraph and insert:
1190+"(b) If notified under subsection (a), the department of child
3731191 services or a licensed child placing agency shall:
3741192 (1) assume the care, control, and custody of the child safe haven
3751193 infant immediately after receiving notice under subsection (a);
3761194 and
3771195 (2) not later than forty-eight (48) hours after the department of
3781196 child services or a licensed child placing agency has taken
3791197 custody of the child, safe haven infant, contact the Indiana
380-SEA 345 — Concur 10
3811198 clearinghouse for information on missing children and missing
3821199 endangered adults established by IC 10-13-5-5 and the National
3831200 Center for Missing and Exploited Children to determine if the
3841201 child safe haven infant has been reported missing; and
3851202 (3) fifteen (15) days after the department of child services or
3861203 a licensed child placing agency has taken custody of the safe
3871204 haven infant, contact the National Center for Missing and
3881205 Exploited Children a second time to determine if the safe
389-haven infant has been reported missing.
390-SECTION 7. IC 31-34-2.5-3, AS AMENDED BY P.L.234-2005,
391-SECTION 170, IS AMENDED TO READ AS FOLLOWS
392-[EFFECTIVE JULY 1, 2023]: Sec. 3. A child safe haven infant for
393-whom:
394-(1) the department of child services; or
395-(2) a licensed child placing agency;
396-assumes care, control, and custody under section 2 of this chapter shall
397-be treated as a child taken into custody without a court order, except
398-that efforts to locate the child's safe haven infant's parents or reunify
399-the child's safe haven infant's family are not necessary, if the court
400-makes a finding to that effect under IC 31-34-21-5.6(b)(5).
401-SECTION 8. IC 31-34-2.5-4, AS AMENDED BY P.L.234-2005,
402-SECTION 171, IS AMENDED TO READ AS FOLLOWS
403-[EFFECTIVE JULY 1, 2023]: Sec. 4. If notified under section 2 of
404-this chapter, whenever a child safe haven infant is taken into custody
405-without a court order under this chapter, the attorney for the department
406-of child services shall, without unnecessary delay, do the following:
407-(1) Request the juvenile court to:
408-(1) (A) authorize the filing of a petition alleging that the child
409-safe haven infant is a child in need of services;
410-(2) (B) hold an initial hearing under IC 31-34-10 not later than
411-the next business day after the child safe haven infant is taken
412-into custody; and
413-(3) (C) appoint a guardian ad litem or a court appointed
414-special advocate for the child. safe haven infant.
415-(2) File a petition to terminate the parent-child relationship
416-under IC 31-35-1.5.
417-SECTION 9. IC 31-34-2.5-5 IS ADDED TO THE INDIANA CODE
418-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
419-1, 2023]: Sec. 5. If a licensed child placing agency assumes custody
420-of a safe haven infant under section 2 of this chapter, the licensed
421-child placing agency shall do the following:
422-(1) Without unnecessary delay, place the safe haven infant in
423-SEA 345 — Concur 11
424-a preapproved adoptive home with a prospective adoptive
425-parent who intends to adopt the safe haven infant.
426-(2) File a petition to terminate the parent-child relationship
427-under IC 31-35-1.5.
428-SECTION 10. IC 31-34-2.5-6 IS ADDED TO THE INDIANA
1206+haven infant has been reported missing.".
1207+Page 3, line 30, delete "with a preapproved foster care provider" and
1208+insert "in a preapproved adoptive home with a prospective adoptive
1209+parent".
1210+ES 345—LS 6936/DI 148 29
1211+Page 3, between lines 33 and 34, begin a new paragraph and insert:
1212+"SECTION 10. IC 31-34-2.5-6 IS ADDED TO THE INDIANA
4291213 CODE AS A NEW SECTION TO READ AS FOLLOWS
4301214 [EFFECTIVE JULY 1, 2023]: Sec. 6. Unless prohibited by federal
4311215 law, a safe haven infant in the custody of the department of child
4321216 services or a licensed child placing agency under this chapter is
4331217 presumed eligible for Medicaid until a court grants a petition for
434-adoption of the safe haven infant.
435-SECTION 11. IC 31-34-21-5.6, AS AMENDED BY P.L.10-2019,
436-SECTION 125, IS AMENDED TO READ AS FOLLOWS
437-[EFFECTIVE JULY 1, 2023]: Sec. 5.6. (a) Except as provided in
438-subsection (c), a court may make a finding described in this section at
439-any phase of a child in need of services proceeding.
440-(b) Reasonable efforts to reunify a child with the child's parent,
441-guardian, or custodian or preserve a child's family as described in
442-section 5.5 of this chapter are not required if the court finds any of the
443-following:
444-(1) A parent, guardian, or custodian of a child who is a child in
445-need of services has been convicted of:
446-(A) an offense described in IC 31-35-3-4(1)(B) or
447-IC 31-35-3-4(1)(D) through IC 31-35-3-4(1)(J) against a
448-victim who is:
449-(i) a child described in IC 31-35-3-4(2); or
450-(ii) a parent of the child; or
451-(B) a comparable offense as described in clause (A) in any
452-other state, territory, or country by a court of competent
453-jurisdiction.
454-(2) A parent, guardian, or custodian of a child who is a child in
455-need of services:
456-(A) has been convicted of:
457-(i) the murder (IC 35-42-1-1) or voluntary manslaughter
458-(IC 35-42-1-3) of a victim who is a child described in
459-IC 31-35-3-4(2)(B) or a parent of the child; or
460-(ii) a comparable offense described in item (i) in any other
461-state, territory, or country; or
462-(B) has been convicted of:
463-(i) aiding, inducing, or causing another person;
464-(ii) attempting; or
465-(iii) conspiring with another person;
466-SEA 345 — Concur 12
467-to commit an offense described in clause (A).
468-(3) A parent, guardian, or custodian of a child who is a child in
469-need of services has been convicted of:
470-(A) battery as a Class A felony (for a crime committed before
471-July 1, 2014) or Level 2 felony (for a crime committed after
472-June 30, 2014);
473-(B) battery as a Class B felony (for a crime committed before
474-July 1, 2014) or Level 3 or Level 4 felony (for a crime
475-committed after June 30, 2014);
476-(C) battery as a Class C felony (for a crime committed before
477-July 1, 2014) or Level 5 felony (for a crime committed after
478-June 30, 2014);
479-(D) aggravated battery (IC 35-42-2-1.5);
480-(E) criminal recklessness (IC 35-42-2-2) as a Class C felony
481-(for a crime committed before July 1, 2014) or a Level 5
482-felony (for a crime committed after June 30, 2014);
483-(F) neglect of a dependent (IC 35-46-1-4) as a Class B felony
484-(for a crime committed before July 1, 2014) or a Level 1 or
485-Level 3 felony (for a crime committed after June 30, 2014);
486-(G) promotion of human labor trafficking, promotion of human
487-sexual trafficking, promotion of child sexual trafficking,
488-promotion of sexual trafficking of a younger child, child
489-sexual trafficking, or human trafficking (IC 35-42-3.5-1
490-through IC 35-42-3.5-1.4) as a felony; or
491-(H) a comparable offense described in clauses (A) through (G)
492-under federal law or in another state, territory, or country;
493-against a child described in IC 31-35-3-4(2)(B).
494-(4) The parental rights of a parent with respect to a biological or
495-adoptive sibling of a child who is a child in need of services have
496-been involuntarily terminated by a court under:
497-(A) IC 31-35-2 (involuntary termination involving a
498-delinquent child or a child in need of services);
499-(B) IC 31-35-3 (involuntary termination involving an
500-individual convicted of a criminal offense); or
501-(C) any comparable law described in clause (A) or (B) in any
502-other state, territory, or country.
503-(5) The child is an abandoned infant, provided that the court:
504-(A) has appointed a guardian ad litem or court appointed
505-special advocate for the child; and
506-(B) after receiving a written report and recommendation from
507-the guardian ad litem or court appointed special advocate, and
508-after a hearing, finds that reasonable efforts to locate the
509-SEA 345 — Concur 13
510-child's parents or reunify the child's family would not be in the
511-best interests of the child.
512-(6) The child is a safe haven infant.
513-(c) During or at any time after the first periodic case review under
514-IC 31-34-21-2 of a child in need of services proceeding, if the court
515-finds that a parent, guardian, or custodian of the child has been charged
516-with an offense described in subsection (b)(3) and is awaiting trial, the
517-court may make a finding that reasonable efforts to reunify the child
518-with the child's parent, guardian, or custodian or preserve the child's
519-family as described in section 5.5 of this chapter may be suspended
520-pending the disposition of the parent's, guardian's, or custodian's
521-criminal charge.
522-SECTION 12. IC 31-35-1-1 IS AMENDED TO READ AS
523-FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 1. (a) Except as
524-provided in subsection (b), this chapter applies to the voluntary
525-termination of the parent-child relationship by parents.
526-(b) This chapter does not apply to termination of the
527-parent-child relationship involving a safe haven infant.
528-SECTION 13. IC 31-35-1.5 IS ADDED TO THE INDIANA CODE
529-AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
530-JULY 1, 2023]:
531-Chapter 1.5. Termination of Parent-Child Relationship
532-Involving Safe Haven Infants
533-Sec. 1. This chapter applies to the termination of a parent-child
534-relationship involving a safe haven infant.
535-Sec. 2. Proceedings under this chapter are governed by the
536-procedures prescribed by IC 31-35-1.
537-Sec. 3. The probate court has concurrent original jurisdiction
538-with the juvenile court in proceedings on a petition filed under this
539-chapter for the termination of the parent-child relationship.
540-Sec. 4. (a) The:
541-(1) department's attorney; or
542-(2) licensed child placing agency;
543-shall sign and file a verified petition for the termination of the
544-parent-child relationship not more than fifteen (15) days after
545-taking custody of a safe haven infant.
546-(b) The petition must:
547-(1) be entitled "In the Matter of the Termination of the
548-Parent-Child Relationship of ____________, a Safe Haven
549-Infant"; and
550-(2) allege that the:
551-(A) child was left in a newborn safety device or by a parent
552-SEA 345 — Concur 14
553-with an emergency medical services provider; and
554-(B) termination of the parent-child relationship is:
555-(i) in the child's best interest; and
556-(ii) in furtherance of an adoption.
557-(c) At the time the verified petition described in subsection (a)
558-is filed:
559-(1) the department's attorney shall also file a permanency
560-plan for the safe haven infant; or
561-(2) the licensed child placing agency shall also file a
562-recommendation in support of the prospective adoptive
563-parent with whom the safe haven infant is placed.
564-Sec. 5. Notice of a petition to terminate the parent-child
1218+adoption of the safe haven infant.".
1219+Page 6, line 19, delete "safe haven" and insert "Safe Haven".
1220+Page 6, line 20, delete "infant" and insert "Infant".
1221+Page 6, line 32, delete "preapproved foster care" and insert
1222+"prospective adoptive parent".
1223+Page 6, line 33, delete "provider".
1224+Page 6, delete lines 34 through 36, begin a new paragraph and
1225+insert:
1226+"Sec. 5. Notice of a petition to terminate the parent-child
5651227 relationship under section 4 of this chapter must be given to:
5661228 (1) each known living parent of a child born in wedlock,
5671229 including a man who is presumed to be the child's biological
5681230 father under IC 31-14-7-1, in accordance with IC 31-19-2.5-6;
5691231 and
5701232 (2) an unnamed or unknown putative parent;
571-in substantially the following form:
572-"NOTICE TO UNNAMED PARENT
573-The unnamed putative parent of a ______ (gender) infant that
574-was voluntarily surrendered on ______ (date) in __________
575-(county) and born on approximately _____ (birth date range), or
576-the person who claims to be a parent of the infant, is notified that
577-a petition to terminate the parent-child relationship was filed in the
578-office of the clerk of _____ court, _____ (address of court).
579-If the unnamed putative parent seeks to contest the petition to
580-terminate the parent-child relationship of the infant, the unnamed
581-putative parent must file a motion to contest the petition in
582-accordance with IC 31-35-1.5-8 in the above named court within
583-twenty-eight (28) days after the date of service of this notice. This
584-notice may be served by publication.
585-If the unnamed putative parent does not file a motion to contest
586-the adoption within twenty-eight (28) days after service of this
587-notice, the above named court shall hear and determine the
588-petition to terminate the parent-child relationship. The unnamed
589-putative parent's consent is irrevocably implied and the unnamed
590-putative parent loses the right to contest the petition to terminate
591-the parent-child relationship or the validity of the unnamed
592-putative parent's implied consent to the termination of the
593-parent-child relationship. The unnamed putative parent loses the
594-right to establish a biological relationship with the child in Indiana
595-SEA 345 — Concur 15
596-or any other jurisdiction.
597-Nothing anyone else says to the unnamed putative parent of the
598-infant relieves the unnamed putative parent of his or her
599-obligations under this notice.
600-Under Indiana law, a putative parent is a person who claims
601-that he or she may be the father or mother of an infant who has
602-been voluntarily surrendered but who has not yet been legally
603-proven to be the child's father or mother.
604-This notice complies with IC 31-35-1.5-5 but does not
605-exhaustively set forth the unnamed putative parent's legal
606-obligations under the Indiana adoption statutes. A person being
607-served with this notice should consult the Indiana adoption
608-statutes.".
609-Sec. 6. Notice given to an unnamed or unknown putative parent
610-under section 5 of this chapter must be published once a week for
611-three (3) consecutive weeks in the print edition or electronic edition
612-of a newspaper of general circulation in:
613-(1) the county in which the safe haven infant was voluntarily
614-surrendered; and
615-(2) each contiguous county to the county described in
616-subdivision (1).
617-Sec. 7. (a) The person whose duty it was to cause the publication
618-under section 6 of this chapter or IC 31-19-2.5-6 shall file an
619-affidavit of publication in the clerk's office.
1233+in substantially the following form:".
1234+Page 7, line 5, delete "IC 31-35-1.5-6" and insert "IC 31-35-1.5-8".
1235+Page 7, line 31, after "Notice" insert "given to an unnamed or
1236+unknown putative parent".
1237+Page 7, between lines 37 and 38, begin a new paragraph and insert:
1238+"Sec. 7. (a) The person whose duty it was to cause the
1239+publication under section 6 of this chapter or IC 31-19-2.5-6 shall
1240+file an affidavit of publication in the clerk's office.
6201241 (b) The affidavit described in subsection (a) must:
6211242 (1) be attached to a copy of the notice taken from the
6221243 newspaper or website in which the notice was published;
6231244 (2) be the affidavit of a person who:
6241245 (A) is employed by the entity that published the notice; and
6251246 (B) is at least eighteen (18) years of age; and
6261247 (3) specify the county, the date, and the newspaper or website
627-in which the notice was published.
628-Sec. 8. Both parents' consent to termination of the parent-child
629-relationship is irrevocably implied without further court action if:
630-(1) neither parent has filed a petition for custody or
631-responded to the notice to unnamed putative parent published
632-under section 6 of this chapter; and
633-(2) at least twenty-eight (28) days have passed since the
634-department or the licensed child placing agency has taken
635-custody of the safe haven infant.
636-Sec. 9. If, after a petition is filed by the department or a licensed
637-child placing agency under section 4 of this chapter, a person
638-SEA 345 — Concur 16
639-contacts the department or a licensed child placing agency and
640-claims to be a putative parent of the safe haven infant, the court
641-may issue an order concerning visitation or custody of the safe
642-haven infant if:
643-(1) the person undergoes a DNA test (as defined in
644-IC 16-37-2-10); and
645-(2) the DNA test results establish that the person is a
646-biological parent of the safe haven infant.
647-Sec. 10. The court may not inquire about the reasons for the
648-parent's absence or investigate why the parent chose to leave the
649-safe haven infant.
650-Sec. 11. A licensed child placing agency that files a petition
651-under section 4 of this chapter with respect to a safe haven infant
652-may not charge a prospective adoptive family of the safe haven
653-infant a fee that exceeds the direct costs incurred by the licensed
654-child placing agency for services related to:
655-(1) the placement of the safe haven infant with the family; and
656-(2) the licensed child placement agency's participation in the
657-proceedings under this chapter concerning the petition.
658-SEA 345 — Concur President of the Senate
659-President Pro Tempore
660-Speaker of the House of Representatives
661-Governor of the State of Indiana
662-Date: Time:
663-SEA 345 — Concur
1248+in which the notice was published.".
1249+Page 7, line 38, delete "7." and insert "8.".
1250+Page 8, line 4, delete "8." and insert "9.".
1251+Page 8, line 4, delete "(a)".
1252+Page 8, line 14, delete "8." and insert "10.".
1253+ES 345—LS 6936/DI 148 30
1254+Page 8, line 15, delete "parents'" and insert "parent's".
1255+Page 8, line 17, delete "9." and insert "11.".
1256+Page 8, line 23, delete "participating" and insert "participation".
1257+Renumber all SECTIONS consecutively.
1258+and when so amended that said bill do pass.
1259+(Reference is to SB 345 as reprinted February 21, 2023.)
1260+TORR
1261+Committee Vote: yeas 11, nays 0.
1262+ES 345—LS 6936/DI 148