Introduced Version
HOUSE BILL No. 1056
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 31-32; IC 33-40-6.
Synopsis: Representation of qualified foster children. Provides that a
child in a child in need of services (CHINS) proceeding who meets
certain requirements is entitled to be represented by counsel. Requires
a juvenile court in certain circumstances to appoint counsel. Requires
the attorney appointed to represent the child to continue representing
the child throughout the entire duration of the CHINS case. Allows the
county to apply for reimbursement under the public defense fund.
Effective: July 1, 2024.
Olthoff, Harris
January 8, 2024, read first time and referred to Committee on Judiciary.
2024 IN 1056—LS 6250/DI 148 Introduced
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
HOUSE BILL No. 1056
A BILL FOR AN ACT to amend the Indiana Code concerning
family law and juvenile law.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 31-32-2-2.1 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2024]: Sec. 2.1. A child who meets the following requirements is
4 entitled to representation by counsel in a child in need of services
5 proceeding:
6 (1) The child is at least fourteen (14) years of age and not
7 more than twenty-three (23) years of age.
8 (2) The child is one (1) or more of the following:
9 (A) A child alleged to be a child in need of services under
10 IC 31-34-1.
11 (B) An older youth in a collaborative care program under
12 IC 31-28-5.8.
13 (C) A participant who:
14 (i) is in voluntary older youth services provided by a
15 contractor of the department; and
16 (ii) was referred to the services by a department
17 employee.
2024 IN 1056—LS 6250/DI 148 2
1 (3) The child agrees to accept counsel.
2 (4) The child meets one (1) or more of the following:
3 (A) Is placed in residential care.
4 (B) Is an older youth, is a respondent in the child in need of
5 services proceeding, and has admitted or denied the
6 petition.
7 (C) Is alleged, by a petition filed by the department, to be
8 a victim of human or sexual trafficking under
9 IC 31-34-1-3.5.
10 (D) Is a dual status child (as defined in IC 31-41-1-2) with
11 an open child in need of services proceeding and a
12 delinquency proceeding.
13 (E) Has wishes that significantly differ from the child's
14 best interest.
15 (F) Is the parent of an infant or child who is also the
16 subject of a child in need of services proceeding.
17 (G) Needs the protection of an attorney-client relationship.
18 (H) Has a conflict of interest that prevents the guardian ad
19 litem or court appointed special advocate from advocating
20 for the child.
21 (I) Has an immigration issue.
22 (J) Has a trust or assets that need to be protected.
23 (K) Has a personal injury claim.
24 SECTION 2. IC 31-32-4-1 IS AMENDED TO READ AS
25 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 1. The following
26 persons are entitled to be represented by counsel:
27 (1) A child charged with a delinquent act, as provided by
28 IC 31-32-2-2.
29 (2) A parent, in a proceeding to terminate the parent-child
30 relationship, as provided by IC 31-32-2-5.
31 (3) A child, in a child in need of services proceeding, as
32 provided by IC 31-32-2-2.1.
33 (3) (4) Any other person designated by law.
34 SECTION 3. IC 31-32-4-2 IS AMENDED TO READ AS
35 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) If:
36 (1) a child:
37 (A) alleged to be a delinquent child; or
38 (B) entitled to counsel under IC 31-32-2-2.1;
39 does not have an attorney who may represent the child without a
40 conflict of interest; and
41 (2) the child has not lawfully waived the child's right to counsel
42 under IC 31-32-5 (or IC 31-6-7-3 before its repeal);
2024 IN 1056—LS 6250/DI 148 3
1 the juvenile court shall appoint counsel for the child at the detention
2 hearing or at the initial hearing, whichever occurs first, or at any earlier
3 time.
4 (b) The court may appoint counsel to represent any child in any
5 other proceeding.
6 SECTION 4. IC 31-32-4-5 IS ADDED TO THE INDIANA CODE
7 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
8 1, 2024]: Sec. 5. (a) If an attorney is appointed by a juvenile court
9 based on the child's right to counsel provided in IC 31-32-2-2.1, the
10 attorney shall represent the child throughout the entire duration
11 of the child in need of services case, including any appeals.
12 (b) After completion of the case described in subsection (a), a
13 county auditor may submit a certified request to the public
14 defender commission for reimbursement under IC 33-40-6-4.
15 SECTION 5. IC 33-40-6-4, AS AMENDED BY P.L.104-2022,
16 SECTION 137, IS AMENDED TO READ AS FOLLOWS
17 [EFFECTIVE JULY 1, 2024]: Sec. 4. (a) For purposes of this section,
18 the term "county auditor" includes a person who:
19 (1) is the auditor of a county that is a member of a multicounty
20 public defender's office; and
21 (2) is responsible for the receipt, disbursement, and accounting of
22 all monies distributed to the multicounty public defender's office.
23 (b) A county auditor may submit on a quarterly basis a certified
24 request to the public defender commission for reimbursement from the
25 public defense fund for an amount equal to fifty percent (50%) of the
26 county's expenditures for indigent defense services provided to a
27 defendant against whom the death sentence is sought under
28 IC 35-50-2-9.
29 (c) A county auditor may submit on a quarterly basis a certified
30 request to the public defender commission for reimbursement from the
31 public defense fund for an amount equal to forty percent (40%) of the
32 county's or multicounty public defender's office's expenditures for
33 indigent defense services provided in all noncapital cases except
34 misdemeanors.
35 (d) A county auditor may submit on a quarterly basis a certified
36 request to the public defender commission for reimbursement from
37 the public defense fund for an amount equal to forty percent (40%)
38 of the county's or multicounty public defender's office's
39 expenditures for counsel services provided under IC 31-32-4-5.
40 (d) (e) A request under this section from a county described in
41 IC 33-40-7-1(5) may be limited to expenditures for indigent defense
42 services provided by a particular division of a court.
2024 IN 1056—LS 6250/DI 148 4
1 SECTION 6. IC 33-40-6-5, AS AMENDED BY THE TECHNICAL
2 CORRECTIONS BILL OF THE 2024 GENERAL ASSEMBLY, IS
3 AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2024]:
4 Sec. 5. (a) As used in this section, "commission" means the Indiana
5 public defender commission established by IC 33-40-5-2.
6 (b) Except as provided under section 6 of this chapter, upon
7 certification by a county auditor and a determination by the
8 commission that the request is in compliance with the guidelines and
9 standards set by the commission, the commission shall quarterly
10 authorize an amount of reimbursement due the county or multicounty
11 public defender's office:
12 (1) that is equal to fifty percent (50%) of the county's or
13 multicounty public defender's office's certified expenditures for
14 indigent defense services provided for a defendant against whom
15 the death sentence is sought under IC 35-50-2-9; and
16 (2) that is equal to forty percent (40%) of the county's or
17 multicounty public defender's office's certified expenditures for
18 defense services provided in noncapital cases except
19 misdemeanors; and
20 (3) that is equal to forty percent (40%) of the county's or
21 multicounty public defender's office's certified expenditures
22 for counsel services provided under IC 31-32-4-5.
23 The commission shall then certify to the auditor of state comptroller
24 the amount of reimbursement owed to a county or multicounty public
25 defender's office under this chapter.
26 (c) Upon receiving certification from the commission, the auditor of
27 state comptroller shall issue a warrant to the treasurer of state for
28 disbursement to the county or multicounty public defender's office of
29 the amount certified.
2024 IN 1056—LS 6250/DI 148