Indiana 2024 Regular Session

Indiana House Bill HB1050 Compare Versions

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

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1050
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 31-19.
7	7	Synopsis: Concurrent jurisdiction of juvenile court. Provides
8	8	concurrent jurisdiction over adoption proceedings to the juvenile court
9	9	in which a child in need of services (CHINS) proceeding, termination
10	10	of parental rights (TPR) proceeding, or a juvenile delinquency
11	11	proceeding is open or pending. Requires notice of a pending adoption
12	12	be given to the juvenile court if the child to be adopted is the subject of
13	13	an open or pending CHINS, TPR, or juvenile delinquency proceeding.
14	14	Provides that the juvenile court receiving notice of a pending adoption
15	15	has 10 days after receiving notice to exercise jurisdiction over the
16	16	adoption, decline jurisdiction over the adoption, or take matters under
17	17	consideration pending a hearing. Requires a petition for adoption to
18	18	include whether the child to be adopted is the subject of an open or
19	19	pending CHINS, TPR, or juvenile delinquency proceeding. Requires
20	20	the probate court to order the adoption proceeding with all papers and
21	21	files to be transferred to the juvenile court exercising jurisdiction over
22	22	the CHINS, TPR, or juvenile delinquency proceeding if the juvenile
23	23	court elects to exercise jurisdiction over the adoption.
24	24	Effective: July 1, 2024.
25	25	Zimmerman
26	26	January 8, 2024, read first time and referred to Committee on Judiciary.
27	27	2024 IN 1050—LS 6188/DI 148 Introduced
28	28	Second Regular Session of the 123rd General Assembly (2024)
29	29	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
30	30	Constitution) is being amended, the text of the existing provision will appear in this style type,
31	31	additions will appear in this style type, and deletions will appear in this style type.
32	32	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
33	33	provision adopted), the text of the new provision will appear in this style type. Also, the
34	34	word NEW will appear in that style type in the introductory clause of each SECTION that adds
35	35	a new provision to the Indiana Code or the Indiana Constitution.
36	36	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
37	37	between statutes enacted by the 2023 Regular Session of the General Assembly.
38	38	HOUSE BILL No. 1050
39	39	A BILL FOR AN ACT to amend the Indiana Code concerning
40	40	family law and juvenile law.
41	41	Be it enacted by the General Assembly of the State of Indiana:
42	42	1 SECTION 1. IC 31-19-1-2 IS AMENDED TO READ AS
43	43	2 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) Except as
44	44	3 provided in section 2.5 of this chapter, this section applies to each
45	45	4 Indiana county that has a separate probate court.
46	46	5 (b) The probate court has exclusive jurisdiction in all adoption
47	47	6 matters.
48	48	7 SECTION 2. IC 31-19-1-2.5 IS ADDED TO THE INDIANA CODE
49	49	8 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
50	50	9 1, 2024]: Sec. 2.5. (a) This section applies to a juvenile court that
51	51	10 has received notice as required by IC 31-19-2.5-3.
52	52	11 (b) If a child sought to be adopted is the subject of an open or
53	53	12 pending:
54	54	13 (1) child in need of services proceeding under IC 31-34;
55	55	14 (2) termination of parental rights proceeding under IC 31-35;
56	56	15 or
57	57	16 (3) delinquency proceeding under IC 31-37;
58	58	17 the juvenile court in which the open or pending proceeding was
59	59	2024 IN 1050—LS 6188/DI 148 2
60	60	1 filed may exercise jurisdiction over the adoption matter involving
61	61	2 the child.
62	62	3 (c) The juvenile court has not more than ten (10) days after
63	63	4 receiving notice of a pending adoption to:
64	64	5 (1) exercise jurisdiction over the adoption;
65	65	6 (2) decline jurisdiction over the adoption; or
66	66	7 (3) take the matter under advisement pending a hearing.
67	67	8 (d) If the juvenile court exercises jurisdiction over the adoption
68	68	9 matter involving the child, the court where the petition to adopt
69	69	10 was filed must order the proceedings with all papers and files
70	70	11 pertaining to the petition to adopt transferred to the juvenile court.
71	71	12 SECTION 3. IC 31-19-2-6, AS AMENDED BY P.L.206-2015,
72	72	13 SECTION 54, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
73	73	14 JULY 1, 2024]: Sec. 6. (a) A petition for adoption must specify the
74	74	15 following:
75	75	16 (1) The:
76	76	17 (A) name if known;
77	77	18 (B) sex, race, and age if known, or if unknown, the
78	78	19 approximate age; and
79	79	20 (C) place of birth;
80	80	21 of the child sought to be adopted.
81	81	22 (2) The new name to be given the child if a change of name is
82	82	23 desired.
83	83	24 (3) Whether or not the child possesses real or personal property
84	84	25 and, if so, the value and full description of the property.
85	85	26 (4) The:
86	86	27 (A) name, age, and place of residence of a petitioner for
87	87	28 adoption; and
88	88	29 (B) if married, place and date of their marriage.
89	89	30 (5) The name and place of residence, if known to the petitioner
90	90	31 for adoption, of:
91	91	32 (A) the parent or parents of the child;
92	92	33 (B) if the child is an orphan:
93	93	34 (i) the guardian; or
94	94	35 (ii) the nearest kin of the child if the child does not have a
95	95	36 guardian;
96	96	37 (C) the court or agency of which the child is a ward if the child
97	97	38 is a ward; or
98	98	39 (D) the agency sponsoring the adoption if there is a sponsor.
99	99	40 (6) The time, if any, during which the child lived in the home of
100	100	41 the petitioner for adoption.
101	101	42 (7) Whether the petitioner for adoption has been convicted of:
102	102	2024 IN 1050—LS 6188/DI 148 3
103	103	1 (A) a felony; or
104	104	2 (B) a misdemeanor relating to the health and safety of
105	105	3 children;
106	106	4 and, if so, the date and description of the conviction.
107	107	5 (8) Whether or not a current, ongoing child support order or
108	108	6 medical support order is in effect for the child sought to be
109	109	7 adopted.
110	110	8 (9) Whether or not a child sought to be adopted is the subject
111	111	9 of an open or pending:
112	112	10 (A) child in need of services proceeding under IC 31-34;
113	113	11 (B) termination of parental rights proceeding under
114	114	12 IC 31-35; or
115	115	13 (C) delinquency proceeding under IC 31-37;
116	116	14 and if so, identify the court where the proceeding is open or
117	117	15 pending.
118	118	16 (9) (10) Additional information consistent with the purpose and
119	119	17 provisions of this article that is considered relevant to the
120	120	18 proceedings.
121	121	19 (b) If a current, ongoing child support order or medical support
122	122	20 order is in effect for the child as described in subsection (a)(8), all of
123	123	21 the following must be filed with the petition described under subsection
124	124	22 (a):
125	125	23 (1) A copy of the child support order or medical support order.
126	126	24 (2) A statement as to whether the child support order or medical
127	127	25 support order is enforced by the prosecuting attorney through the
128	128	26 Title IV-D child support program under IC 31-25-4.
129	129	27 SECTION 4. IC 31-19-2.5-3, AS AMENDED BY P.L.203-2021,
130	130	28 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
131	131	29 JULY 1, 2024]: Sec. 3. (a) Except as provided in section 4 of this
132	132	30 chapter, notice must be given to:
133	133	31 (1) a person whose consent to adoption is required under
134	134	32 IC 31-19-9-1;
135	135	33 (2) a putative father who is entitled to notice under IC 31-19-4;
136	136	34 (3) a grandparent described in IC 31-19-4.5-1(3) of a child sought
137	137	35 to be adopted;
138	138	36 (4) a licensed child placing agency of which the child is a ward;
139	139	37 (5) if the child is the subject of an open or pending child in need
140	140	38 of services proceeding under IC 31-34 the:
141	141	39 (A) local office of the department of child services in the
142	142	40 county in which the child in need of services proceeding was
143	143	41 filed; and
144	144	2024 IN 1050—LS 6188/DI 148 4
145	145	1 (B) juvenile court in which the child in need of services
146	146	2 proceeding was filed;
147	147	3 (6) if the child is a subject of an open or pending termination
148	148	4 of parental rights proceeding under IC 31-35 the:
149	149	5 (A) local office of the department of child services in the
150	150	6 county in which the termination of parental rights
151	151	7 proceeding was filed; and
152	152	8 (B) juvenile court in which the termination of parental
153	153	9 rights proceeding was filed; and
154	154	10 (6) (7) if the child is a subject of an open or pending juvenile
155	155	11 delinquency proceeding under IC 31-37 the:
156	156	12 (A) entity, facility, or individual of which the child is a ward;
157	157	13 and
158	158	14 (B) juvenile court in which the juvenile delinquency
159	159	15 proceeding was filed.
160	160	16 (b) Proof of notice to those under subsection (a) shall be filed with
161	161	17 the court in the adoption proceeding before the final adoption hearing
162	162	18 can be scheduled.
163	163	19 (c) Failure to provide notice under this section shall require setting
164	164	20 aside the adoption decree if challenged by an entity or individual who
165	165	21 did not receive notice as required by this section. An adoption decree
166	166	22 may be challenged under this subsection for a period of not more than
167	167	23 forty-five (45) days after the date the adoption decree is entered.
168	168	2024 IN 1050—LS 6188/DI 148