*EH1064.2*
February 23, 2024
ENGROSSED
HOUSE BILL No. 1064
_____
DIGEST OF HB 1064 (Updated February 22, 2024 11:00 am - DI 129)
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. 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.
February 22, 2024, amended, reported favorably — Do Pass.
EH 1064—LS 6489/DI 148 February 23, 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 31-19-27-1.5, AS ADDED BY P.L.42-2009,
14 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2024]: Sec. 1.5. The department shall consider a child who is
16 two (2) years of age or older a hard to place child for determining
17 eligibility a ward of the department a hard to place child for
18 determining eligibility for state adoption subsidies under
19 IC 31-19-26.5.
20 SECTION 9. IC 31-26-4.5-2 IS REPEALED [EFFECTIVE JULY
21 1, 2024]. Sec. 2. As used in this chapter, "foster youth" refers to an
22 individual:
23 (1) at least sixteen (16) years of age;
24 (2) not more than twenty-three (23) years of age; and
25 (3) who is:
26 (A) adjudicated a child in need of services under IC 31-34-1;
27 (B) an older youth in a collaborative care program under
28 IC 31-28-5.8; or
29 (C) a participant in voluntary older youth services provided by
30 a contractor of the department and referred to them by a
31 department employee.
32 SECTION 10. IC 31-28-2-2, AS AMENDED BY P.L.128-2012,
33 SECTION 145, IS AMENDED TO READ AS FOLLOWS
34 [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) If medical care is provided to
35 a child who receives foster care, the person who has custody of the
36 child shall inform the provider that the provider is required to file a
37 copy of:
38 (1) the form provided under IC 31-28-3; and
39 (2) the child's medical treatment record for the medical care;
40 with the local office in which the child resides.
41 (b) The provider shall file the form and record with the local office.
42 child is in foster care and require a copy of the medical treatment
EH 1064—LS 6489/DI 148 5
1 record be sent to the local office.
2 SECTION 11. IC 31-28-2-3, AS AMENDED BY P.L.128-2012,
3 SECTION 146, IS AMENDED TO READ AS FOLLOWS
4 [EFFECTIVE JULY 1, 2024]: Sec. 3. The local office shall maintain
5 the medical treatment records filed received under section 2 of this
6 chapter.
7 SECTION 12. IC 31-28-2-4, AS AMENDED BY P.L.104-2015,
8 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9 JULY 1, 2024]: Sec. 4. (a) The local office shall provide a copy of the
10 medical treatment records filed maintained under section 2 of this
11 chapter to the person who provides foster care to a child unless
12 otherwise prohibited by state or federal law.
13 (b) The local office shall provide an individual who:
14 (1) is at least eighteen (18) years of age; and
15 (2) leaves foster care after receiving foster care for at least six (6)
16 months;
17 a copy of the individual's medical treatment records in the local
18 office's possession.
19 SECTION 13. IC 31-28-3-2, AS AMENDED BY P.L.128-2012,
20 SECTION 149, IS AMENDED TO READ AS FOLLOWS
21 [EFFECTIVE JULY 1, 2024]: Sec. 2. The department shall establish
22 a medical passport program maintain medical records for children
23 who receive foster care. Under the program, The department shall do
24 the following:
25 (1) Maintain a record of medical care provided to a foster child.
26 (2) Facilitate a provider in providing appropriate care to a foster
27 child.
28 (3) Allow foster parents to authorize routine and emergency
29 medical care to a foster child.
30 (4) Provide forms for a provider to submit to the local office
31 under IC 31-28-2.
32 SECTION 14. IC 31-28-3-3, AS AMENDED BY P.L.104-2015,
33 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
34 JULY 1, 2024]: Sec. 3. (a) The local office shall issue maintain the
35 medical passport to record for a foster child when the child is placed
36 in foster care. The passport record must remain with the child until:
37 (1) the child is returned to the natural parents;
38 (2) the child is adopted; or
39 (3) a legal guardian is appointed for the child.
40 (b) When a child is placed under subsection (a)(1) or (a)(2) or a
41 legal guardian is appointed for a child under subsection (a)(3), the
42 medical passport shall be returned to the local office that issued the
EH 1064—LS 6489/DI 148 6
1 passport.
2 (c) (b) Unless otherwise prohibited by state or federal law, the
3 local office shall provide a copy of the medical passport record to the
4 child or the child's legal guardian after the child in need of services
5 case or collaborative care case is closed.
6 SECTION 15. IC 31-28-7-1, AS ADDED BY P.L.244-2023,
7 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8 JULY 1, 2024]: Sec. 1. If the department temporarily places a child
9 with:
10 (1) an unlicensed kinship caregiver; or
11 (2) a de facto custodian;
12 the department may not remove the child from the home of the
13 unlicensed kinship caregiver or de facto custodian solely on the basis
14 of the unlicensed kinship caregiver or de facto custodian having filed
15 a petition to adopt the child.
16 SECTION 16. IC 31-32-2.5-1, AS AMENDED BY P.L.68-2022,
17 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18 JULY 1, 2024]: Sec. 1. (a) Except as provided in subsection (b) and
19 subject to this chapter:
20 (1) a foster parent;
21 (2) a long term foster parent;
22 (3) a person who has been a foster parent; or
23 (4) an unlicensed kinship caregiver;
24 of a child may petition the court to request intervention as a party
25 during any stage of a child in need of services proceeding under
26 IC 31-34 or a termination of parent-child relationship proceeding under
27 IC 31-35 concerning the child.
28 (b) Any person described in subsection (a) who has been:
29 (1) the subject of a substantiated report of child abuse or neglect;
30 or
31 (2) convicted of a nonwaivable offense, as defined in
32 IC 31-9-2-84.8;
33 may not petition the court to intervene under this chapter.
34 SECTION 17. IC 31-33-18-6, AS ADDED BY P.L.59-2022,
35 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
36 JULY 1, 2024]: Sec. 6. For the purposes of IC 31-26-4.5, the
37 department may certify or acknowledge that an individual qualifies as
38 a foster youth under IC 31-26-4.5-2. IC 31-9-2-47.3.
39 SECTION 18. IC 31-34-4-2, AS AMENDED BY P.L.142-2020,
40 SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41 JULY 1, 2024]: Sec. 2. (a) If a child alleged to be a child in need of
42 services is taken into custody under an order of the court under this
EH 1064—LS 6489/DI 148 7
1 chapter and the court orders out-of-home placement, the department is
2 responsible for that placement and care and must consider placing the
3 child with a:
4 (1) suitable and willing relative; or
5 (2) de facto custodian;
6 before considering any other out-of-home placement.
7 (b) The department shall consider placing a child described in
8 subsection (a) with a relative related by blood, marriage, or adoption
9 before considering any other placement of the child.
10 (c) Before the department places a child in need of services with a
11 relative or a de facto custodian, the department shall complete an
12 evaluation based on a home visit of the relative's home.
13 (d) Except as provided in subsection (f), before placing a child in
14 need of services in an out-of-home placement, the department shall
15 conduct a criminal history check of each person who is currently
16 residing in the location designated as the out-of-home placement.
17 (e) Except as provided in subsection (g), the department may not
18 make an out-of-home placement if a person described in subsection (d)
19 has:
20 (1) committed an act resulting in a substantiated report of child
21 abuse or neglect; or
22 (2) been convicted of a nonwaivable offense, as defined in
23 IC 31-9-2-84.8 or had a juvenile adjudication for an act that
24 would be a nonwaivable offense, as defined in IC 31-9-2-84.8 if
25 committed by an adult.
26 (f) The department is not required to conduct a criminal history
27 check under subsection (d) if the department makes an out-of-home
28 placement to an entity or a facility that is not a residence (as defined in
29 IC 3-5-2-42.5) or that is licensed by the state.
30 (g) A court may order or the department may approve an
31 out-of-home placement if:
32 (1) a person described in subsection (d) has:
33 (A) committed an act resulting in a substantiated report of
34 child abuse or neglect;
35 (B) been convicted of:
36 (i) battery (IC 35-42-2-1);
37 (ii) criminal recklessness (IC 35-42-2-2) as a felony;
38 (iii) criminal confinement (IC 35-42-3-3) as a felony;
39 (iv) arson (IC 35-43-1-1) as a felony;
40 (v) nonsupport of a dependent child (IC 35-46-1-5);
41 (vi) operating a motorboat while intoxicated (IC 35-46-9-6)
42 as a felony;
EH 1064—LS 6489/DI 148 8
1 (vii) a felony involving a weapon under IC 35-47;
2 (viii) a felony relating to controlled substances under
3 IC 35-48-4; or
4 (ix) a felony under IC 9-30-5;
5 if the conviction did not occur within the past five (5) years; or
6 (C) had a juvenile adjudication for a nonwaivable offense, as
7 defined in IC 31-9-2-84.8 that, if committed by an adult,
8 would be a felony; and
9 (2) the person's commission of the offense, delinquent act, or act
10 of abuse or neglect described in subdivision (1) is not relevant to
11 the person's present ability to care for a child, and the placement
12 is in the best interest of the child.
13 However, a court or the department may shall not make an out-of-home
14 placement if the person has been convicted of a nonwaivable offense,
15 as defined in IC 31-9-2-84.8 that is not specifically excluded under
16 subdivision (1)(B).
17 (h) In considering the placement under subsection (g), the court or
18 the department shall consider the following:
19 (1) The length of time since the person committed the offense,
20 delinquent act, or abuse or neglect.
21 (2) The severity of the offense, delinquent act, or abuse or neglect.
22 (3) Evidence of the person's rehabilitation, including the person's
23 cooperation with a treatment plan, if applicable.
24 SECTION 19. IC 31-34-21-4.5, AS AMENDED BY P.L.68-2022,
25 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26 JULY 1, 2024]: Sec. 4.5. A:
27 (1) foster parent;
28 (2) long term foster parent;
29 (3) person who has been a foster parent; or
30 (4) person who is an unlicensed kinship caregiver;
31 may petition the court to request intervention as a party to a proceeding
32 as set forth in IC 31-32-2.5.
EH 1064—LS 6489/DI 148 9
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
_____
COMMITTEE REPORT
Madam President: The Senate Committee on Appropriations, to
which was referred Engrossed 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 be AMENDED as
follows:
Page 4, delete lines 13 through 42.
Page 5, delete lines 1 through 41.
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to EHB 1064 as printed February 13, 2024.)
MISHLER, Chairperson
Committee Vote: Yeas 13, Nays 0.
EH 1064—LS 6489/DI 148