*EH1064.1*
February 13, 2024
ENGROSSED
HOUSE BILL No. 1064
_____
DIGEST OF HB 1064 (Updated February 12, 2024 11:57 am - DI 119)
Citations Affected: IC 14-19; IC 27-1; IC 31-9; IC 31-19; IC 31-26;
IC 31-28; IC 31-32; IC 31-33; IC 31-34.
Synopsis: DCS technical changes and adoption subsidies. Relocates
the definition of "foster youth". Defines "licensed kinship caregiver".
Makes the following changes with regard to state adoption subsidies:
(1) Removes the age requirement for eligibility. (2) Provides that a
child who is a ward of the department of child services (DCS) is
considered hard to place for purposes of eligibility. (3) Repeals a
provision establishing priority for adoption subsidies if funds are
insufficient. Removes language regarding medical passports. Provides
that if a child in foster care receives medical care, the person having
custody of the child shall inform the provider that the child is in foster
care and require a copy of the medical treatment record to be sent to the
DCS local office. Provides that DCS shall not make an out-of-home
placement of a child in a home if a person residing in the home has
been convicted of a nonwaivable offense. Makes technical and
conforming changes.
Effective: July 1, 2024.
DeVon, Lauer, Clere, Goss-Reaves
(SENATE SPONSORS — DONATO, WALKER G)
January 8, 2024, read first time and referred to Committee on Family, Children and Human
Affairs.
January 18, 2024, reported — Do Pass.
January 22, 2024, read second time, ordered engrossed. Engrossed.
January 23, 2024, read third time, passed. Yeas 96, nays 0.
SENATE ACTION
February 5, 2024, read first time and referred to Committee on Family and Children
Services.
February 12, 2024, reported favorably — Do Pass; reassigned to Committee on
Appropriations.
EH 1064—LS 6489/DI 148 February 13, 2024
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.
ENGROSSED
HOUSE BILL No. 1064
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 14-19-3-1, AS AMENDED BY P.L.97-2023,
2 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2024]: Sec. 1. (a) The department may not charge a price of
4 admission to:
5 (1) inpatients of state or federally owned or operated hospitals or
6 institutions and their supervisors;
7 (2) foster families who reside together in the same foster family
8 home licensed under IC 31-27-4; or
9 (3) individuals who meet the definition of foster youth set forth in
10 IC 31-26-4.5-2; IC 31-9-2-47.3;
11 for the use of any property owned or managed by the department for
12 purposes of this article.
13 (b) If necessary, the department may adopt rules concerning the
14 appropriate form of identification or documentation required for
15 admission to a location described in subsection (a).
16 SECTION 2. IC 27-1-22-20.1, AS ADDED BY P.L.97-2023,
17 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
EH 1064—LS 6489/DI 148 2
1 JULY 1, 2024]: Sec. 20.1. (a) For purposes of this section, an
2 individual is a "foster youth" if:
3 (1) the department of child services; or
4 (2) a designee of the department of child services;
5 certifies or acknowledges that the individual is a foster youth (as
6 defined by IC 31-26-4.5-2). IC 31-9-2-47.3).
7 (b) The department of child services established by IC 31-25-1-1
8 shall make available to foster youths and to the public a list, provided
9 by the Insurance Institute of Indiana, identifying insurers that may
10 provide automobile insurance coverage outside the plan described in
11 subsection (c) for a minor without a guardian cosigner. The list of
12 insurers shall be reviewed annually.
13 (c) An assigned risk automobile insurance plan established by
14 insurers under section 20 of this chapter must, subject to the rules of
15 the plan, make automobile insurance available to a foster youth who:
16 (1) is at least sixteen (16) years of age and not more than
17 twenty-three (23) years of age; and
18 (2) is receiving services from the department of child services.
19 (d) An applicant who is a foster youth is responsible for paying all
20 costs of a policy of automobile insurance issued under subsection (c).
21 A state or local government agency, foster parent, or entity providing
22 services to an applicant under a contract or at the direction of a state or
23 local government agency shall not be required to pay any costs
24 associated with a policy of automobile insurance issued under
25 subsection (c) and shall not be liable for any damages that result from
26 the foster youth's operation of an automobile owned and insured by the
27 foster youth.
28 SECTION 3. IC 31-9-2-47, AS AMENDED BY P.L.123-2014,
29 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
30 JULY 1, 2024]: Sec. 47. "Foster parent", for purposes of the juvenile
31 law, means an individual who provides care and supervision to a child
32 in a foster family home (as defined in IC 31-9-2-46.9). The term
33 includes a licensed kinship caregiver and an unlicensed kinship
34 caregiver.
35 SECTION 4. IC 31-9-2-47.3 IS ADDED TO THE INDIANA CODE
36 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
37 1, 2024]: Sec. 47.3. "Foster youth", for purposes of IC 31-26-4.5,
38 refers to an individual:
39 (1) who is at least sixteen (16) years of age;
40 (2) who is not more than twenty-three (23) years of age; and
41 (3) who is:
42 (A) adjudicated a child in need of services under
EH 1064—LS 6489/DI 148 3
1 IC 31-34-1;
2 (B) an older youth in a collaborative care program under
3 IC 31-28-5.8; or
4 (C) a participant in voluntary older youth services
5 provided by a contractor of the department and referred
6 to them by a department employee.
7 SECTION 5. IC 31-9-2-76.2 IS ADDED TO THE INDIANA CODE
8 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
9 1, 2024]: Sec. 76.2. "Licensed kinship caregiver" means a relative
10 who is:
11 (1) providing care and supervision to a child under a court
12 order for purposes of placement in a child in need of services
13 case or juvenile delinquency case; and
14 (2) licensed as a foster parent under IC 31-27-4.
15 SECTION 6. IC 31-9-2-107, AS AMENDED BY P.L.77-2023,
16 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17 JULY 1, 2024]: Sec. 107. (a) "Relative", for purposes of IC 31-19-18
18 and IC 31-19-25, means:
19 (1) an adoptive or whole blood related parent;
20 (2) a sibling; or
21 (3) a child.
22 (b) "Relative", for purposes of IC 31-34-3, means:
23 (1) a maternal or paternal grandparent;
24 (2) an adult aunt or uncle;
25 (3) a parent of a child's sibling if the parent has legal custody of
26 the sibling; or
27 (4) any other adult relative suggested by either parent of a child.
28 (c) "Relative", for purposes of sections 16.6, 76.2, and 131.7 of this
29 chapter, IC 31-27, IC 31-28-5.8, IC 31-34-4, IC 31-34-19,
30 IC 31-34-23-6, and IC 31-37, means any of the following in relation to
31 a child:
32 (1) A parent.
33 (2) A grandparent.
34 (3) A brother.
35 (4) A sister.
36 (5) A stepparent.
37 (6) A stepgrandparent.
38 (7) A stepbrother.
39 (8) A stepsister.
40 (9) A first cousin.
41 (10) An uncle.
42 (11) An aunt.
EH 1064—LS 6489/DI 148 4
1 (12) Any other individual with whom a child has an established
2 and significant relationship.
3 SECTION 7. IC 31-9-2-131.7, AS AMENDED BY P.L.244-2023,
4 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5 JULY 1, 2024]: Sec. 131.7. "Unlicensed kinship caregiver", for
6 purposes of section 47 of this chapter, IC 31-32-2.5, IC 31-34-21-4.5,
7 and IC 31-28-7, means a relative (as defined by IC 31-9-2-107(c))
8 section 107(c) of this chapter) who is:
9 (1) providing care and supervision to a child under a court order
10 for purposes of placement in a child in need of services case or
11 juvenile delinquency case; and
12 (2) not licensed as a foster parent under IC 31-27-4.
13 SECTION 8. IC 31-19-26.5-3, AS AMENDED BY P.L.165-2021,
14 SECTION 184, IS AMENDED TO READ AS FOLLOWS
15 [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) Subject to section 4 of this
16 chapter, The department shall make payments of adoption subsidy
17 under this chapter for the benefit of a child with special needs if the
18 department has:
19 (1) either:
20 (A) entered into a written agreement under section 10.5 of this
21 chapter with the adoptive parent or parents, before or at the
22 time the court enters a final decree of adoption under
23 IC 31-19-11-1, that specifies the amount, terms, and
24 conditions of the adoption assistance payments; or
25 (B) received a written final order in an administrative appeal
26 in accordance with section 12(4) of this chapter concluding
27 that the adoptive parents are eligible for a subsidy payable
28 under this chapter and determining the appropriate subsidy
29 amount; and
30 (2) determined that the child is not eligible for adoption assistance
31 under 42 U.S.C. 673.
32 (b) This section does not prohibit the department from modifying or
33 terminating an agreement with the adoptive parent or parents under this
34 chapter. However, the department may not terminate an agreement with
35 the adoptive parent or parents due to insufficient funds in the adoption
36 assistance account.
37 SECTION 9. IC 31-19-26.5-4 IS REPEALED [EFFECTIVE JULY
38 1, 2024]. Sec. 4. If the department determines that sufficient funds are
39 not or will not be available in the adoption assistance account
40 established under this chapter to make adoption subsidy payments to
41 adoptive parents of all children who may be eligible for a subsidy
42 payable under this chapter, the department may, in accordance with
EH 1064—LS 6489/DI 148 5
1 procedures established by rules:
2 (1) approve new adoption subsidy agreements only for the benefit
3 of children for whom the department has wardship responsibility
4 at the time the adoption petition is filed; or
5 (2) give priority to funding new adoption subsidy agreements for
6 children for whom the department has had wardship
7 responsibility.
8 SECTION 10. IC 31-19-26.5-10.5, AS ADDED BY P.L.165-2021,
9 SECTION 187, IS AMENDED TO READ AS FOLLOWS
10 [EFFECTIVE JULY 1, 2024]: Sec. 10.5. (a) Subject to section 4 of this
11 chapter, The department shall:
12 (1) enter into a written agreement described under section
13 3(a)(1)(A) of this chapter with each adoptive parent of a child
14 with special needs who is eligible for an adoption subsidy under
15 this chapter; and
16 (2) allocate funds to the adoption assistance account necessary to
17 meet the requirements under section 3 of this chapter.
18 (b) This section does not require the department to enter into an
19 agreement to:
20 (1) make additional payments under section 6 of this chapter; or
21 (2) continue adoption subsidy payments under section 9(b) of this
22 chapter.
23 SECTION 11. IC 31-19-26.5-12, AS AMENDED BY P.L.165-2021,
24 SECTION 189, IS AMENDED TO READ AS FOLLOWS
25 [EFFECTIVE JULY 1, 2024]: Sec. 12. The department shall adopt
26 rules under IC 4-22-2, as needed, to carry out this chapter. The rules
27 must include at least the following subjects:
28 (1) The application and determination process for subsidies or
29 other assistance provided under this chapter.
30 (2) The standards for determination of a child with special needs.
31 (3) The process for determining the duration, extension,
32 modification, and termination of agreements, as provided in
33 sections 8 and 9 of this chapter.
34 (4) The procedure for administrative review and appeal of
35 determinations made by the department under this chapter.
36 (5) Subject to sections 3 and 10.5 of this chapter, the procedure
37 for determining availability of funds for new subsidy agreements
38 and continuation of existing agreements or orders under this
39 chapter and IC 31-19-26 (before its repeal), including any funding
40 limitations or priorities as provided in sections 4 and section 11
41 of this chapter.
42 SECTION 12. IC 31-19-27-1.5, AS ADDED BY P.L.42-2009,
EH 1064—LS 6489/DI 148 6
1 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2 JULY 1, 2024]: Sec. 1.5. The department shall consider a child who is
3 two (2) years of age or older a hard to place child for determining
4 eligibility a ward of the department a hard to place child for
5 determining eligibility for state adoption subsidies under
6 IC 31-19-26.5.
7 SECTION 13. IC 31-26-4.5-2 IS REPEALED [EFFECTIVE JULY
8 1, 2024]. Sec. 2. As used in this chapter, "foster youth" refers to an
9 individual:
10 (1) at least sixteen (16) years of age;
11 (2) not more than twenty-three (23) years of age; and
12 (3) who is:
13 (A) adjudicated a child in need of services under IC 31-34-1;
14 (B) an older youth in a collaborative care program under
15 IC 31-28-5.8; or
16 (C) a participant in voluntary older youth services provided by
17 a contractor of the department and referred to them by a
18 department employee.
19 SECTION 14. IC 31-28-2-2, AS AMENDED BY P.L.128-2012,
20 SECTION 145, IS AMENDED TO READ AS FOLLOWS
21 [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) If medical care is provided to
22 a child who receives foster care, the person who has custody of the
23 child shall inform the provider that the provider is required to file a
24 copy of:
25 (1) the form provided under IC 31-28-3; and
26 (2) the child's medical treatment record for the medical care;
27 with the local office in which the child resides.
28 (b) The provider shall file the form and record with the local office.
29 child is in foster care and require a copy of the medical treatment
30 record be sent to the local office.
31 SECTION 15. IC 31-28-2-3, AS AMENDED BY P.L.128-2012,
32 SECTION 146, IS AMENDED TO READ AS FOLLOWS
33 [EFFECTIVE JULY 1, 2024]: Sec. 3. The local office shall maintain
34 the medical treatment records filed received under section 2 of this
35 chapter.
36 SECTION 16. IC 31-28-2-4, AS AMENDED BY P.L.104-2015,
37 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
38 JULY 1, 2024]: Sec. 4. (a) The local office shall provide a copy of the
39 medical treatment records filed maintained under section 2 of this
40 chapter to the person who provides foster care to a child unless
41 otherwise prohibited by state or federal law.
42 (b) The local office shall provide an individual who:
EH 1064—LS 6489/DI 148 7
1 (1) is at least eighteen (18) years of age; and
2 (2) leaves foster care after receiving foster care for at least six (6)
3 months;
4 a copy of the individual's medical treatment records in the local
5 office's possession.
6 SECTION 17. IC 31-28-3-2, AS AMENDED BY P.L.128-2012,
7 SECTION 149, IS AMENDED TO READ AS FOLLOWS
8 [EFFECTIVE JULY 1, 2024]: Sec. 2. The department shall establish
9 a medical passport program maintain medical records for children
10 who receive foster care. Under the program, The department shall do
11 the following:
12 (1) Maintain a record of medical care provided to a foster child.
13 (2) Facilitate a provider in providing appropriate care to a foster
14 child.
15 (3) Allow foster parents to authorize routine and emergency
16 medical care to a foster child.
17 (4) Provide forms for a provider to submit to the local office
18 under IC 31-28-2.
19 SECTION 18. IC 31-28-3-3, AS AMENDED BY P.L.104-2015,
20 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
21 JULY 1, 2024]: Sec. 3. (a) The local office shall issue maintain the
22 medical passport to record for a foster child when the child is placed
23 in foster care. The passport record must remain with the child until:
24 (1) the child is returned to the natural parents;
25 (2) the child is adopted; or
26 (3) a legal guardian is appointed for the child.
27 (b) When a child is placed under subsection (a)(1) or (a)(2) or a
28 legal guardian is appointed for a child under subsection (a)(3), the
29 medical passport shall be returned to the local office that issued the
30 passport.
31 (c) (b) Unless otherwise prohibited by state or federal law, the
32 local office shall provide a copy of the medical passport record to the
33 child or the child's legal guardian after the child in need of services
34 case or collaborative care case is closed.
35 SECTION 19. IC 31-28-7-1, AS ADDED BY P.L.244-2023,
36 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
37 JULY 1, 2024]: Sec. 1. If the department temporarily places a child
38 with:
39 (1) an unlicensed kinship caregiver; or
40 (2) a de facto custodian;
41 the department may not remove the child from the home of the
42 unlicensed kinship caregiver or de facto custodian solely on the basis
EH 1064—LS 6489/DI 148 8
1 of the unlicensed kinship caregiver or de facto custodian having filed
2 a petition to adopt the child.
3 SECTION 20. IC 31-32-2.5-1, AS AMENDED BY P.L.68-2022,
4 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5 JULY 1, 2024]: Sec. 1. (a) Except as provided in subsection (b) and
6 subject to this chapter:
7 (1) a foster parent;
8 (2) a long term foster parent;
9 (3) a person who has been a foster parent; or
10 (4) an unlicensed kinship caregiver;
11 of a child may petition the court to request intervention as a party
12 during any stage of a child in need of services proceeding under
13 IC 31-34 or a termination of parent-child relationship proceeding under
14 IC 31-35 concerning the child.
15 (b) Any person described in subsection (a) who has been:
16 (1) the subject of a substantiated report of child abuse or neglect;
17 or
18 (2) convicted of a nonwaivable offense, as defined in
19 IC 31-9-2-84.8;
20 may not petition the court to intervene under this chapter.
21 SECTION 21. IC 31-33-18-6, AS ADDED BY P.L.59-2022,
22 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
23 JULY 1, 2024]: Sec. 6. For the purposes of IC 31-26-4.5, the
24 department may certify or acknowledge that an individual qualifies as
25 a foster youth under IC 31-26-4.5-2. IC 31-9-2-47.3.
26 SECTION 22. IC 31-34-4-2, AS AMENDED BY P.L.142-2020,
27 SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
28 JULY 1, 2024]: Sec. 2. (a) If a child alleged to be a child in need of
29 services is taken into custody under an order of the court under this
30 chapter and the court orders out-of-home placement, the department is
31 responsible for that placement and care and must consider placing the
32 child with a:
33 (1) suitable and willing relative; or
34 (2) de facto custodian;
35 before considering any other out-of-home placement.
36 (b) The department shall consider placing a child described in
37 subsection (a) with a relative related by blood, marriage, or adoption
38 before considering any other placement of the child.
39 (c) Before the department places a child in need of services with a
40 relative or a de facto custodian, the department shall complete an
41 evaluation based on a home visit of the relative's home.
42 (d) Except as provided in subsection (f), before placing a child in
EH 1064—LS 6489/DI 148 9
1 need of services in an out-of-home placement, the department shall
2 conduct a criminal history check of each person who is currently
3 residing in the location designated as the out-of-home placement.
4 (e) Except as provided in subsection (g), the department may not
5 make an out-of-home placement if a person described in subsection (d)
6 has:
7 (1) committed an act resulting in a substantiated report of child
8 abuse or neglect; or
9 (2) been convicted of a nonwaivable offense, as defined in
10 IC 31-9-2-84.8 or had a juvenile adjudication for an act that
11 would be a nonwaivable offense, as defined in IC 31-9-2-84.8 if
12 committed by an adult.
13 (f) The department is not required to conduct a criminal history
14 check under subsection (d) if the department makes an out-of-home
15 placement to an entity or a facility that is not a residence (as defined in
16 IC 3-5-2-42.5) or that is licensed by the state.
17 (g) A court may order or the department may approve an
18 out-of-home placement if:
19 (1) a person described in subsection (d) has:
20 (A) committed an act resulting in a substantiated report of
21 child abuse or neglect;
22 (B) been convicted of:
23 (i) battery (IC 35-42-2-1);
24 (ii) criminal recklessness (IC 35-42-2-2) as a felony;
25 (iii) criminal confinement (IC 35-42-3-3) as a felony;
26 (iv) arson (IC 35-43-1-1) as a felony;
27 (v) nonsupport of a dependent child (IC 35-46-1-5);
28 (vi) operating a motorboat while intoxicated (IC 35-46-9-6)
29 as a felony;
30 (vii) a felony involving a weapon under IC 35-47;
31 (viii) a felony relating to controlled substances under
32 IC 35-48-4; or
33 (ix) a felony under IC 9-30-5;
34 if the conviction did not occur within the past five (5) years; or
35 (C) had a juvenile adjudication for a nonwaivable offense, as
36 defined in IC 31-9-2-84.8 that, if committed by an adult,
37 would be a felony; and
38 (2) the person's commission of the offense, delinquent act, or act
39 of abuse or neglect described in subdivision (1) is not relevant to
40 the person's present ability to care for a child, and the placement
41 is in the best interest of the child.
42 However, a court or the department may shall not make an out-of-home
EH 1064—LS 6489/DI 148 10
1 placement if the person has been convicted of a nonwaivable offense,
2 as defined in IC 31-9-2-84.8 that is not specifically excluded under
3 subdivision (1)(B).
4 (h) In considering the placement under subsection (g), the court or
5 the department shall consider the following:
6 (1) The length of time since the person committed the offense,
7 delinquent act, or abuse or neglect.
8 (2) The severity of the offense, delinquent act, or abuse or neglect.
9 (3) Evidence of the person's rehabilitation, including the person's
10 cooperation with a treatment plan, if applicable.
11 SECTION 23. IC 31-34-21-4.5, AS AMENDED BY P.L.68-2022,
12 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 JULY 1, 2024]: Sec. 4.5. A:
14 (1) foster parent;
15 (2) long term foster parent;
16 (3) person who has been a foster parent; or
17 (4) person who is an unlicensed kinship caregiver;
18 may petition the court to request intervention as a party to a proceeding
19 as set forth in IC 31-32-2.5.
EH 1064—LS 6489/DI 148 11
COMMITTEE REPORT
Mr. Speaker: Your Committee on Family, Children and Human
Affairs, to which was referred House Bill 1064, has had the same under
consideration and begs leave to report the same back to the House with
the recommendation that said bill do pass.
(Reference is to HB 1064 as introduced.)
DEVON
Committee Vote: Yeas 9, Nays 0
_____
COMMITTEE REPORT
Madam President: The Senate Committee on Family and Children
Services, to which was referred House Bill No. 1064, has had the same
under consideration and begs leave to report the same back to the
Senate with the recommendation that said bill DO PASS and be
reassigned to the Senate Committee on Appropriations.
(Reference is to HB 1064 as printed January 18, 2024.)
WALKER G, Chairperson
Committee Vote: Yeas 7, Nays 0
EH 1064—LS 6489/DI 148