Indiana 2024 Regular Session

Indiana House Bill HB1056 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. 1056
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 31-32; IC 33-40-6.
7	7	Synopsis: Representation of qualified foster children. Provides that a
8	8	child in a child in need of services (CHINS) proceeding who meets
9	9	certain requirements is entitled to be represented by counsel. Requires
10	10	a juvenile court in certain circumstances to appoint counsel. Requires
11	11	the attorney appointed to represent the child to continue representing
12	12	the child throughout the entire duration of the CHINS case. Allows the
13	13	county to apply for reimbursement under the public defense fund.
14	14	Effective: July 1, 2024.
15	15	Olthoff, Harris
16	16	January 8, 2024, read first time and referred to Committee on Judiciary.
17	17	2024 IN 1056—LS 6250/DI 148 Introduced
18	18	Second Regular Session of the 123rd General Assembly (2024)
19	19	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
20	20	Constitution) is being amended, the text of the existing provision will appear in this style type,
21	21	additions will appear in this style type, and deletions will appear in this style type.
22	22	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
23	23	provision adopted), the text of the new provision will appear in this style type. Also, the
24	24	word NEW will appear in that style type in the introductory clause of each SECTION that adds
25	25	a new provision to the Indiana Code or the Indiana Constitution.
26	26	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
27	27	between statutes enacted by the 2023 Regular Session of the General Assembly.
28	28	HOUSE BILL No. 1056
29	29	A BILL FOR AN ACT to amend the Indiana Code concerning
30	30	family law and juvenile law.
31	31	Be it enacted by the General Assembly of the State of Indiana:
32	32	1 SECTION 1. IC 31-32-2-2.1 IS ADDED TO THE INDIANA CODE
33	33	2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
34	34	3 1, 2024]: Sec. 2.1. A child who meets the following requirements is
35	35	4 entitled to representation by counsel in a child in need of services
36	36	5 proceeding:
37	37	6 (1) The child is at least fourteen (14) years of age and not
38	38	7 more than twenty-three (23) years of age.
39	39	8 (2) The child is one (1) or more of the following:
40	40	9 (A) A child alleged to be a child in need of services under
41	41	10 IC 31-34-1.
42	42	11 (B) An older youth in a collaborative care program under
43	43	12 IC 31-28-5.8.
44	44	13 (C) A participant who:
45	45	14 (i) is in voluntary older youth services provided by a
46	46	15 contractor of the department; and
47	47	16 (ii) was referred to the services by a department
48	48	17 employee.
49	49	2024 IN 1056—LS 6250/DI 148 2
50	50	1 (3) The child agrees to accept counsel.
51	51	2 (4) The child meets one (1) or more of the following:
52	52	3 (A) Is placed in residential care.
53	53	4 (B) Is an older youth, is a respondent in the child in need of
54	54	5 services proceeding, and has admitted or denied the
55	55	6 petition.
56	56	7 (C) Is alleged, by a petition filed by the department, to be
57	57	8 a victim of human or sexual trafficking under
58	58	9 IC 31-34-1-3.5.
59	59	10 (D) Is a dual status child (as defined in IC 31-41-1-2) with
60	60	11 an open child in need of services proceeding and a
61	61	12 delinquency proceeding.
62	62	13 (E) Has wishes that significantly differ from the child's
63	63	14 best interest.
64	64	15 (F) Is the parent of an infant or child who is also the
65	65	16 subject of a child in need of services proceeding.
66	66	17 (G) Needs the protection of an attorney-client relationship.
67	67	18 (H) Has a conflict of interest that prevents the guardian ad
68	68	19 litem or court appointed special advocate from advocating
69	69	20 for the child.
70	70	21 (I) Has an immigration issue.
71	71	22 (J) Has a trust or assets that need to be protected.
72	72	23 (K) Has a personal injury claim.
73	73	24 SECTION 2. IC 31-32-4-1 IS AMENDED TO READ AS
74	74	25 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 1. The following
75	75	26 persons are entitled to be represented by counsel:
76	76	27 (1) A child charged with a delinquent act, as provided by
77	77	28 IC 31-32-2-2.
78	78	29 (2) A parent, in a proceeding to terminate the parent-child
79	79	30 relationship, as provided by IC 31-32-2-5.
80	80	31 (3) A child, in a child in need of services proceeding, as
81	81	32 provided by IC 31-32-2-2.1.
82	82	33 (3) (4) Any other person designated by law.
83	83	34 SECTION 3. IC 31-32-4-2 IS AMENDED TO READ AS
84	84	35 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) If:
85	85	36 (1) a child:
86	86	37 (A) alleged to be a delinquent child; or
87	87	38 (B) entitled to counsel under IC 31-32-2-2.1;
88	88	39 does not have an attorney who may represent the child without a
89	89	40 conflict of interest; and
90	90	41 (2) the child has not lawfully waived the child's right to counsel
91	91	42 under IC 31-32-5 (or IC 31-6-7-3 before its repeal);
92	92	2024 IN 1056—LS 6250/DI 148 3
93	93	1 the juvenile court shall appoint counsel for the child at the detention
94	94	2 hearing or at the initial hearing, whichever occurs first, or at any earlier
95	95	3 time.
96	96	4 (b) The court may appoint counsel to represent any child in any
97	97	5 other proceeding.
98	98	6 SECTION 4. IC 31-32-4-5 IS ADDED TO THE INDIANA CODE
99	99	7 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
100	100	8 1, 2024]: Sec. 5. (a) If an attorney is appointed by a juvenile court
101	101	9 based on the child's right to counsel provided in IC 31-32-2-2.1, the
102	102	10 attorney shall represent the child throughout the entire duration
103	103	11 of the child in need of services case, including any appeals.
104	104	12 (b) After completion of the case described in subsection (a), a
105	105	13 county auditor may submit a certified request to the public
106	106	14 defender commission for reimbursement under IC 33-40-6-4.
107	107	15 SECTION 5. IC 33-40-6-4, AS AMENDED BY P.L.104-2022,
108	108	16 SECTION 137, IS AMENDED TO READ AS FOLLOWS
109	109	17 [EFFECTIVE JULY 1, 2024]: Sec. 4. (a) For purposes of this section,
110	110	18 the term "county auditor" includes a person who:
111	111	19 (1) is the auditor of a county that is a member of a multicounty
112	112	20 public defender's office; and
113	113	21 (2) is responsible for the receipt, disbursement, and accounting of
114	114	22 all monies distributed to the multicounty public defender's office.
115	115	23 (b) A county auditor may submit on a quarterly basis a certified
116	116	24 request to the public defender commission for reimbursement from the
117	117	25 public defense fund for an amount equal to fifty percent (50%) of the
118	118	26 county's expenditures for indigent defense services provided to a
119	119	27 defendant against whom the death sentence is sought under
120	120	28 IC 35-50-2-9.
121	121	29 (c) A county auditor may submit on a quarterly basis a certified
122	122	30 request to the public defender commission for reimbursement from the
123	123	31 public defense fund for an amount equal to forty percent (40%) of the
124	124	32 county's or multicounty public defender's office's expenditures for
125	125	33 indigent defense services provided in all noncapital cases except
126	126	34 misdemeanors.
127	127	35 (d) A county auditor may submit on a quarterly basis a certified
128	128	36 request to the public defender commission for reimbursement from
129	129	37 the public defense fund for an amount equal to forty percent (40%)
130	130	38 of the county's or multicounty public defender's office's
131	131	39 expenditures for counsel services provided under IC 31-32-4-5.
132	132	40 (d) (e) A request under this section from a county described in
133	133	41 IC 33-40-7-1(5) may be limited to expenditures for indigent defense
134	134	42 services provided by a particular division of a court.
135	135	2024 IN 1056—LS 6250/DI 148 4
136	136	1 SECTION 6. IC 33-40-6-5, AS AMENDED BY THE TECHNICAL
137	137	2 CORRECTIONS BILL OF THE 2024 GENERAL ASSEMBLY, IS
138	138	3 AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2024]:
139	139	4 Sec. 5. (a) As used in this section, "commission" means the Indiana
140	140	5 public defender commission established by IC 33-40-5-2.
141	141	6 (b) Except as provided under section 6 of this chapter, upon
142	142	7 certification by a county auditor and a determination by the
143	143	8 commission that the request is in compliance with the guidelines and
144	144	9 standards set by the commission, the commission shall quarterly
145	145	10 authorize an amount of reimbursement due the county or multicounty
146	146	11 public defender's office:
147	147	12 (1) that is equal to fifty percent (50%) of the county's or
148	148	13 multicounty public defender's office's certified expenditures for
149	149	14 indigent defense services provided for a defendant against whom
150	150	15 the death sentence is sought under IC 35-50-2-9; and
151	151	16 (2) that is equal to forty percent (40%) of the county's or
152	152	17 multicounty public defender's office's certified expenditures for
153	153	18 defense services provided in noncapital cases except
154	154	19 misdemeanors; and
155	155	20 (3) that is equal to forty percent (40%) of the county's or
156	156	21 multicounty public defender's office's certified expenditures
157	157	22 for counsel services provided under IC 31-32-4-5.
158	158	23 The commission shall then certify to the auditor of state comptroller
159	159	24 the amount of reimbursement owed to a county or multicounty public
160	160	25 defender's office under this chapter.
161	161	26 (c) Upon receiving certification from the commission, the auditor of
162	162	27 state comptroller shall issue a warrant to the treasurer of state for
163	163	28 disbursement to the county or multicounty public defender's office of
164	164	29 the amount certified.
165	165	2024 IN 1056—LS 6250/DI 148