Indiana 2024 Regular Session

Indiana House Bill HB1064 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	EH1064.2
	2	+	February 23, 2024
	3	+	ENGROSSED
	4	+	HOUSE BILL No. 1064
	5	+	_____
	6	+	DIGEST OF HB 1064 (Updated February 22, 2024 11:00 am - DI 129)
	7	+	Citations Affected: IC 14-19; IC 27-1; IC 31-9; IC 31-19; IC 31-26;
	8	+	IC 31-28; IC 31-32; IC 31-33; IC 31-34.
	9	+	Synopsis: DCS technical changes and adoption subsidies. Relocates
	10	+	the definition of "foster youth". Defines "licensed kinship caregiver".
	11	+	Makes the following changes with regard to state adoption subsidies:
	12	+	(1) Removes the age requirement for eligibility. (2) Provides that a
	13	+	child who is a ward of the department of child services (DCS) is
	14	+	considered hard to place for purposes of eligibility. Removes language
	15	+	regarding medical passports. Provides that if a child in foster care
	16	+	receives medical care, the person having custody of the child shall
	17	+	inform the provider that the child is in foster care and require a copy of
	18	+	the medical treatment record to be sent to the DCS local office.
	19	+	Provides that DCS shall not make an out-of-home placement of a child
	20	+	in a home if a person residing in the home has been convicted of a
	21	+	nonwaivable offense. Makes technical and conforming changes.
	22	+	Effective: July 1, 2024.
	23	+	DeVon, Lauer, Clere, Goss-Reaves
	24	+	(SENATE SPONSORS — DONATO, WALKER G)
	25	+	January 8, 2024, read first time and referred to Committee on Family, Children and Human
	26	+	Affairs.
	27	+	January 18, 2024, reported — Do Pass.
	28	+	January 22, 2024, read second time, ordered engrossed. Engrossed.
	29	+	January 23, 2024, read third time, passed. Yeas 96, nays 0.
	30	+	SENATE ACTION
	31	+	February 5, 2024, read first time and referred to Committee on Family and Children
	32	+	Services.
	33	+	February 12, 2024, reported favorably — Do Pass; reassigned to Committee on
	34	+	Appropriations.
	35	+	February 22, 2024, amended, reported favorably — Do Pass.
	36	+	EH 1064—LS 6489/DI 148 February 23, 2024
1	37		Second Regular Session of the 123rd General Assembly (2024)
2	38		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	39		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	40		additions will appear in this style type, and deletions will appear in this style type.
5	41		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	42		provision adopted), the text of the new provision will appear in this style type. Also, the
7	43		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	44		a new provision to the Indiana Code or the Indiana Constitution.
9	45		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	46		between statutes enacted by the 2023 Regular Session of the General Assembly.
11		-	HOUSE ENROLLED ACT No. 1064
12		-	AN ACT to amend the Indiana Code concerning family law and
13		-	juvenile law.
	47	+	ENGROSSED
	48	+	HOUSE BILL No. 1064
	49	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	50	+	family law and juvenile law.
14	51		Be it enacted by the General Assembly of the State of Indiana:
15		-	SECTION 1. IC 14-19-3-1, AS AMENDED BY P.L.97-2023,
16		-	SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17		-	JULY 1, 2024]: Sec. 1. (a) The department may not charge a price of
18		-	admission to:
19		-	(1) inpatients of state or federally owned or operated hospitals or
20		-	institutions and their supervisors;
21		-	(2) foster families who reside together in the same foster family
22		-	home licensed under IC 31-27-4; or
23		-	(3) individuals who meet the definition of foster youth set forth in
24		-	IC 31-26-4.5-2; IC 31-9-2-47.3;
25		-	for the use of any property owned or managed by the department for
26		-	purposes of this article.
27		-	(b) If necessary, the department may adopt rules concerning the
28		-	appropriate form of identification or documentation required for
29		-	admission to a location described in subsection (a).
30		-	SECTION 2. IC 27-1-22-20.1, AS ADDED BY P.L.97-2023,
31		-	SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32		-	JULY 1, 2024]: Sec. 20.1. (a) For purposes of this section, an
33		-	individual is a "foster youth" if:
34		-	(1) the department of child services; or
35		-	(2) a designee of the department of child services;
36		-	HEA 1064 — Concur 2
37		-	certifies or acknowledges that the individual is a foster youth (as
38		-	defined by IC 31-26-4.5-2). IC 31-9-2-47.3).
39		-	(b) The department of child services established by IC 31-25-1-1
40		-	shall make available to foster youths and to the public a list, provided
41		-	by the Insurance Institute of Indiana, identifying insurers that may
42		-	provide automobile insurance coverage outside the plan described in
43		-	subsection (c) for a minor without a guardian cosigner. The list of
44		-	insurers shall be reviewed annually.
45		-	(c) An assigned risk automobile insurance plan established by
46		-	insurers under section 20 of this chapter must, subject to the rules of
47		-	the plan, make automobile insurance available to a foster youth who:
48		-	(1) is at least sixteen (16) years of age and not more than
49		-	twenty-three (23) years of age; and
50		-	(2) is receiving services from the department of child services.
51		-	(d) An applicant who is a foster youth is responsible for paying all
52		-	costs of a policy of automobile insurance issued under subsection (c).
53		-	A state or local government agency, foster parent, or entity providing
54		-	services to an applicant under a contract or at the direction of a state or
55		-	local government agency shall not be required to pay any costs
56		-	associated with a policy of automobile insurance issued under
57		-	subsection (c) and shall not be liable for any damages that result from
58		-	the foster youth's operation of an automobile owned and insured by the
59		-	foster youth.
60		-	SECTION 3. IC 31-9-2-47, AS AMENDED BY P.L.123-2014,
61		-	SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
62		-	JULY 1, 2024]: Sec. 47. "Foster parent", for purposes of the juvenile
63		-	law, means an individual who provides care and supervision to a child
64		-	in a foster family home (as defined in IC 31-9-2-46.9). The term
65		-	includes a licensed kinship caregiver and an unlicensed kinship
66		-	caregiver.
67		-	SECTION 4. IC 31-9-2-47.3 IS ADDED TO THE INDIANA CODE
68		-	AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
69		-	1, 2024]: Sec. 47.3. "Foster youth", for purposes of IC 31-26-4.5,
70		-	refers to an individual:
71		-	(1) who is at least sixteen (16) years of age;
72		-	(2) who is not more than twenty-three (23) years of age; and
73		-	(3) who is:
74		-	(A) adjudicated a child in need of services under
75		-	IC 31-34-1;
76		-	(B) an older youth in a collaborative care program under
77		-	IC 31-28-5.8; or
78		-	(C) a participant in voluntary older youth services
79		-	HEA 1064 — Concur 3
80		-	provided by a contractor of the department and referred
81		-	to them by a department employee.
82		-	SECTION 5. IC 31-9-2-76.2 IS ADDED TO THE INDIANA CODE
83		-	AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
84		-	1, 2024]: Sec. 76.2. "Licensed kinship caregiver" means a relative
85		-	who is:
86		-	(1) providing care and supervision to a child under a court
87		-	order for purposes of placement in a child in need of services
88		-	case or juvenile delinquency case; and
89		-	(2) licensed as a foster parent under IC 31-27-4.
90		-	SECTION 6. IC 31-9-2-107, AS AMENDED BY P.L.77-2023,
91		-	SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
92		-	JULY 1, 2024]: Sec. 107. (a) "Relative", for purposes of IC 31-19-18
93		-	and IC 31-19-25, means:
94		-	(1) an adoptive or whole blood related parent;
95		-	(2) a sibling; or
96		-	(3) a child.
97		-	(b) "Relative", for purposes of IC 31-34-3, means:
98		-	(1) a maternal or paternal grandparent;
99		-	(2) an adult aunt or uncle;
100		-	(3) a parent of a child's sibling if the parent has legal custody of
101		-	the sibling; or
102		-	(4) any other adult relative suggested by either parent of a child.
103		-	(c) "Relative", for purposes of sections 16.6, 76.2, and 131.7 of this
104		-	chapter, IC 31-27, IC 31-28-5.8, IC 31-34-4, IC 31-34-19,
105		-	IC 31-34-23-6, and IC 31-37, means any of the following in relation to
106		-	a child:
107		-	(1) A parent.
108		-	(2) A grandparent.
109		-	(3) A brother.
110		-	(4) A sister.
111		-	(5) A stepparent.
112		-	(6) A stepgrandparent.
113		-	(7) A stepbrother.
114		-	(8) A stepsister.
115		-	(9) A first cousin.
116		-	(10) An uncle.
117		-	(11) An aunt.
118		-	(12) Any other individual with whom a child has an established
119		-	and significant relationship.
120		-	SECTION 7. IC 31-9-2-131.7, AS AMENDED BY P.L.244-2023,
121		-	SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
122		-	HEA 1064 — Concur 4
123		-	JULY 1, 2024]: Sec. 131.7. "Unlicensed kinship caregiver", for
124		-	purposes of section 47 of this chapter, IC 31-32-2.5, IC 31-34-21-4.5,
125		-	and IC 31-28-7, means a relative (as defined by IC 31-9-2-107(c))
126		-	section 107(c) of this chapter) who is:
127		-	(1) providing care and supervision to a child under a court order
128		-	for purposes of placement in a child in need of services case or
129		-	juvenile delinquency case; and
130		-	(2) not licensed as a foster parent under IC 31-27-4.
131		-	SECTION 8. IC 31-19-27-1.5, AS ADDED BY P.L.42-2009,
132		-	SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
133		-	JULY 1, 2024]: Sec. 1.5. The department shall consider a child who is
134		-	two (2) years of age or older a hard to place child for determining
135		-	eligibility a ward of the department a hard to place child for
136		-	determining eligibility for state adoption subsidies under
137		-	IC 31-19-26.5.
138		-	SECTION 9. IC 31-26-4.5-2 IS REPEALED [EFFECTIVE JULY
139		-	1, 2024]. Sec. 2. As used in this chapter, "foster youth" refers to an
140		-	individual:
141		-	(1) at least sixteen (16) years of age;
142		-	(2) not more than twenty-three (23) years of age; and
143		-	(3) who is:
144		-	(A) adjudicated a child in need of services under IC 31-34-1;
145		-	(B) an older youth in a collaborative care program under
146		-	IC 31-28-5.8; or
147		-	(C) a participant in voluntary older youth services provided by
148		-	a contractor of the department and referred to them by a
149		-	department employee.
150		-	SECTION 10. IC 31-28-2-2, AS AMENDED BY P.L.128-2012,
151		-	SECTION 145, IS AMENDED TO READ AS FOLLOWS
152		-	[EFFECTIVE JULY 1, 2024]: Sec. 2. (a) If medical care is provided to
153		-	a child who receives foster care, the person who has custody of the
154		-	child shall inform the provider that the provider is required to file a
155		-	copy of:
156		-	(1) the form provided under IC 31-28-3; and
157		-	(2) the child's medical treatment record for the medical care;
158		-	with the local office in which the child resides.
159		-	(b) The provider shall file the form and record with the local office.
160		-	child is in foster care and require a copy of the medical treatment
161		-	record be sent to the local office.
162		-	SECTION 11. IC 31-28-2-3, AS AMENDED BY P.L.128-2012,
163		-	SECTION 146, IS AMENDED TO READ AS FOLLOWS
164		-	[EFFECTIVE JULY 1, 2024]: Sec. 3. The local office shall maintain
165		-	HEA 1064 — Concur 5
166		-	the medical treatment records filed received under section 2 of this
167		-	chapter.
168		-	SECTION 12. IC 31-28-2-4, AS AMENDED BY P.L.104-2015,
169		-	SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
170		-	JULY 1, 2024]: Sec. 4. (a) The local office shall provide a copy of the
171		-	medical treatment records filed maintained under section 2 of this
172		-	chapter to the person who provides foster care to a child unless
173		-	otherwise prohibited by state or federal law.
174		-	(b) The local office shall provide an individual who:
175		-	(1) is at least eighteen (18) years of age; and
176		-	(2) leaves foster care after receiving foster care for at least six (6)
177		-	months;
178		-	a copy of the individual's medical treatment records in the local
179		-	office's possession.
180		-	SECTION 13. IC 31-28-3-2, AS AMENDED BY P.L.128-2012,
181		-	SECTION 149, IS AMENDED TO READ AS FOLLOWS
182		-	[EFFECTIVE JULY 1, 2024]: Sec. 2. The department shall establish
183		-	a medical passport program maintain medical records for children
184		-	who receive foster care. Under the program, The department shall do
185		-	the following:
186		-	(1) Maintain a record of medical care provided to a foster child.
187		-	(2) Facilitate a provider in providing appropriate care to a foster
188		-	child.
189		-	(3) Allow foster parents to authorize routine and emergency
190		-	medical care to a foster child.
191		-	(4) Provide forms for a provider to submit to the local office
192		-	under IC 31-28-2.
193		-	SECTION 14. IC 31-28-3-3, AS AMENDED BY P.L.104-2015,
194		-	SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
195		-	JULY 1, 2024]: Sec. 3. (a) The local office shall issue maintain the
196		-	medical passport to record for a foster child when the child is placed
197		-	in foster care. The passport record must remain with the child until:
198		-	(1) the child is returned to the natural parents;
199		-	(2) the child is adopted; or
200		-	(3) a legal guardian is appointed for the child.
201		-	(b) When a child is placed under subsection (a)(1) or (a)(2) or a
202		-	legal guardian is appointed for a child under subsection (a)(3), the
203		-	medical passport shall be returned to the local office that issued the
204		-	passport.
205		-	(c) (b) Unless otherwise prohibited by state or federal law, the
206		-	local office shall provide a copy of the medical passport record to the
207		-	child or the child's legal guardian after the child in need of services
208		-	HEA 1064 — Concur 6
209		-	case or collaborative care case is closed.
210		-	SECTION 15. IC 31-28-7-1, AS ADDED BY P.L.244-2023,
211		-	SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
212		-	JULY 1, 2024]: Sec. 1. If the department temporarily places a child
213		-	with:
214		-	(1) an unlicensed kinship caregiver; or
215		-	(2) a de facto custodian;
216		-	the department may not remove the child from the home of the
217		-	unlicensed kinship caregiver or de facto custodian solely on the basis
218		-	of the unlicensed kinship caregiver or de facto custodian having filed
219		-	a petition to adopt the child.
220		-	SECTION 16. IC 31-32-2.5-1, AS AMENDED BY P.L.68-2022,
221		-	SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
222		-	JULY 1, 2024]: Sec. 1. (a) Except as provided in subsection (b) and
223		-	subject to this chapter:
224		-	(1) a foster parent;
225		-	(2) a long term foster parent;
226		-	(3) a person who has been a foster parent; or
227		-	(4) an unlicensed kinship caregiver;
228		-	of a child may petition the court to request intervention as a party
229		-	during any stage of a child in need of services proceeding under
230		-	IC 31-34 or a termination of parent-child relationship proceeding under
231		-	IC 31-35 concerning the child.
232		-	(b) Any person described in subsection (a) who has been:
233		-	(1) the subject of a substantiated report of child abuse or neglect;
234		-	or
235		-	(2) convicted of a nonwaivable offense, as defined in
236		-	IC 31-9-2-84.8;
237		-	may not petition the court to intervene under this chapter.
238		-	SECTION 17. IC 31-33-18-6, AS ADDED BY P.L.59-2022,
239		-	SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
240		-	JULY 1, 2024]: Sec. 6. For the purposes of IC 31-26-4.5, the
241		-	department may certify or acknowledge that an individual qualifies as
242		-	a foster youth under IC 31-26-4.5-2. IC 31-9-2-47.3.
243		-	SECTION 18. IC 31-34-4-2, AS AMENDED BY P.L.142-2020,
244		-	SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
245		-	JULY 1, 2024]: Sec. 2. (a) If a child alleged to be a child in need of
246		-	services is taken into custody under an order of the court under this
247		-	chapter and the court orders out-of-home placement, the department is
248		-	responsible for that placement and care and must consider placing the
249		-	child with a:
250		-	(1) suitable and willing relative; or
251		-	HEA 1064 — Concur 7
252		-	(2) de facto custodian;
253		-	before considering any other out-of-home placement.
254		-	(b) The department shall consider placing a child described in
255		-	subsection (a) with a relative related by blood, marriage, or adoption
256		-	before considering any other placement of the child.
257		-	(c) Before the department places a child in need of services with a
258		-	relative or a de facto custodian, the department shall complete an
259		-	evaluation based on a home visit of the relative's home.
260		-	(d) Except as provided in subsection (f), before placing a child in
261		-	need of services in an out-of-home placement, the department shall
262		-	conduct a criminal history check of each person who is currently
263		-	residing in the location designated as the out-of-home placement.
264		-	(e) Except as provided in subsection (g), the department may not
265		-	make an out-of-home placement if a person described in subsection (d)
266		-	has:
267		-	(1) committed an act resulting in a substantiated report of child
268		-	abuse or neglect; or
269		-	(2) been convicted of a nonwaivable offense, as defined in
270		-	IC 31-9-2-84.8 or had a juvenile adjudication for an act that
271		-	would be a nonwaivable offense, as defined in IC 31-9-2-84.8 if
272		-	committed by an adult.
273		-	(f) The department is not required to conduct a criminal history
274		-	check under subsection (d) if the department makes an out-of-home
275		-	placement to an entity or a facility that is not a residence (as defined in
276		-	IC 3-5-2-42.5) or that is licensed by the state.
277		-	(g) A court may order or the department may approve an
278		-	out-of-home placement if:
279		-	(1) a person described in subsection (d) has:
280		-	(A) committed an act resulting in a substantiated report of
281		-	child abuse or neglect;
282		-	(B) been convicted of:
283		-	(i) battery (IC 35-42-2-1);
284		-	(ii) criminal recklessness (IC 35-42-2-2) as a felony;
285		-	(iii) criminal confinement (IC 35-42-3-3) as a felony;
286		-	(iv) arson (IC 35-43-1-1) as a felony;
287		-	(v) nonsupport of a dependent child (IC 35-46-1-5);
288		-	(vi) operating a motorboat while intoxicated (IC 35-46-9-6)
289		-	as a felony;
290		-	(vii) a felony involving a weapon under IC 35-47;
291		-	(viii) a felony relating to controlled substances under
292		-	IC 35-48-4; or
293		-	(ix) a felony under IC 9-30-5;
294		-	HEA 1064 — Concur 8
295		-	if the conviction did not occur within the past five (5) years; or
296		-	(C) had a juvenile adjudication for a nonwaivable offense, as
297		-	defined in IC 31-9-2-84.8 that, if committed by an adult,
298		-	would be a felony; and
299		-	(2) the person's commission of the offense, delinquent act, or act
300		-	of abuse or neglect described in subdivision (1) is not relevant to
301		-	the person's present ability to care for a child, and the placement
302		-	is in the best interest of the child.
303		-	However, a court or the department may shall not make an out-of-home
304		-	placement if the person has been convicted of a nonwaivable offense,
305		-	as defined in IC 31-9-2-84.8 that is not specifically excluded under
306		-	subdivision (1)(B).
307		-	(h) In considering the placement under subsection (g), the court or
308		-	the department shall consider the following:
309		-	(1) The length of time since the person committed the offense,
310		-	delinquent act, or abuse or neglect.
311		-	(2) The severity of the offense, delinquent act, or abuse or neglect.
312		-	(3) Evidence of the person's rehabilitation, including the person's
313		-	cooperation with a treatment plan, if applicable.
314		-	SECTION 19. IC 31-34-21-4.5, AS AMENDED BY P.L.68-2022,
315		-	SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
316		-	JULY 1, 2024]: Sec. 4.5. A:
317		-	(1) foster parent;
318		-	(2) long term foster parent;
319		-	(3) person who has been a foster parent; or
320		-	(4) person who is an unlicensed kinship caregiver;
321		-	may petition the court to request intervention as a party to a proceeding
322		-	as set forth in IC 31-32-2.5.
323		-	HEA 1064 — Concur Speaker of the House of Representatives
324		-	President of the Senate
325		-	President Pro Tempore
326		-	Governor of the State of Indiana
327		-	Date: Time:
328		-	HEA 1064 — Concur
	52	+	1 SECTION 1. IC 14-19-3-1, AS AMENDED BY P.L.97-2023,
	53	+	2 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	54	+	3 JULY 1, 2024]: Sec. 1. (a) The department may not charge a price of
	55	+	4 admission to:
	56	+	5 (1) inpatients of state or federally owned or operated hospitals or
	57	+	6 institutions and their supervisors;
	58	+	7 (2) foster families who reside together in the same foster family
	59	+	8 home licensed under IC 31-27-4; or
	60	+	9 (3) individuals who meet the definition of foster youth set forth in
	61	+	10 IC 31-26-4.5-2; IC 31-9-2-47.3;
	62	+	11 for the use of any property owned or managed by the department for
	63	+	12 purposes of this article.
	64	+	13 (b) If necessary, the department may adopt rules concerning the
	65	+	14 appropriate form of identification or documentation required for
	66	+	15 admission to a location described in subsection (a).
	67	+	16 SECTION 2. IC 27-1-22-20.1, AS ADDED BY P.L.97-2023,
	68	+	17 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	69	+	EH 1064—LS 6489/DI 148 2
	70	+	1 JULY 1, 2024]: Sec. 20.1. (a) For purposes of this section, an
	71	+	2 individual is a "foster youth" if:
	72	+	3 (1) the department of child services; or
	73	+	4 (2) a designee of the department of child services;
	74	+	5 certifies or acknowledges that the individual is a foster youth (as
	75	+	6 defined by IC 31-26-4.5-2). IC 31-9-2-47.3).
	76	+	7 (b) The department of child services established by IC 31-25-1-1
	77	+	8 shall make available to foster youths and to the public a list, provided
	78	+	9 by the Insurance Institute of Indiana, identifying insurers that may
	79	+	10 provide automobile insurance coverage outside the plan described in
	80	+	11 subsection (c) for a minor without a guardian cosigner. The list of
	81	+	12 insurers shall be reviewed annually.
	82	+	13 (c) An assigned risk automobile insurance plan established by
	83	+	14 insurers under section 20 of this chapter must, subject to the rules of
	84	+	15 the plan, make automobile insurance available to a foster youth who:
	85	+	16 (1) is at least sixteen (16) years of age and not more than
	86	+	17 twenty-three (23) years of age; and
	87	+	18 (2) is receiving services from the department of child services.
	88	+	19 (d) An applicant who is a foster youth is responsible for paying all
	89	+	20 costs of a policy of automobile insurance issued under subsection (c).
	90	+	21 A state or local government agency, foster parent, or entity providing
	91	+	22 services to an applicant under a contract or at the direction of a state or
	92	+	23 local government agency shall not be required to pay any costs
	93	+	24 associated with a policy of automobile insurance issued under
	94	+	25 subsection (c) and shall not be liable for any damages that result from
	95	+	26 the foster youth's operation of an automobile owned and insured by the
	96	+	27 foster youth.
	97	+	28 SECTION 3. IC 31-9-2-47, AS AMENDED BY P.L.123-2014,
	98	+	29 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	99	+	30 JULY 1, 2024]: Sec. 47. "Foster parent", for purposes of the juvenile
	100	+	31 law, means an individual who provides care and supervision to a child
	101	+	32 in a foster family home (as defined in IC 31-9-2-46.9). The term
	102	+	33 includes a licensed kinship caregiver and an unlicensed kinship
	103	+	34 caregiver.
	104	+	35 SECTION 4. IC 31-9-2-47.3 IS ADDED TO THE INDIANA CODE
	105	+	36 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
	106	+	37 1, 2024]: Sec. 47.3. "Foster youth", for purposes of IC 31-26-4.5,
	107	+	38 refers to an individual:
	108	+	39 (1) who is at least sixteen (16) years of age;
	109	+	40 (2) who is not more than twenty-three (23) years of age; and
	110	+	41 (3) who is:
	111	+	42 (A) adjudicated a child in need of services under
	112	+	EH 1064—LS 6489/DI 148 3
	113	+	1 IC 31-34-1;
	114	+	2 (B) an older youth in a collaborative care program under
	115	+	3 IC 31-28-5.8; or
	116	+	4 (C) a participant in voluntary older youth services
	117	+	5 provided by a contractor of the department and referred
	118	+	6 to them by a department employee.
	119	+	7 SECTION 5. IC 31-9-2-76.2 IS ADDED TO THE INDIANA CODE
	120	+	8 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
	121	+	9 1, 2024]: Sec. 76.2. "Licensed kinship caregiver" means a relative
	122	+	10 who is:
	123	+	11 (1) providing care and supervision to a child under a court
	124	+	12 order for purposes of placement in a child in need of services
	125	+	13 case or juvenile delinquency case; and
	126	+	14 (2) licensed as a foster parent under IC 31-27-4.
	127	+	15 SECTION 6. IC 31-9-2-107, AS AMENDED BY P.L.77-2023,
	128	+	16 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	129	+	17 JULY 1, 2024]: Sec. 107. (a) "Relative", for purposes of IC 31-19-18
	130	+	18 and IC 31-19-25, means:
	131	+	19 (1) an adoptive or whole blood related parent;
	132	+	20 (2) a sibling; or
	133	+	21 (3) a child.
	134	+	22 (b) "Relative", for purposes of IC 31-34-3, means:
	135	+	23 (1) a maternal or paternal grandparent;
	136	+	24 (2) an adult aunt or uncle;
	137	+	25 (3) a parent of a child's sibling if the parent has legal custody of
	138	+	26 the sibling; or
	139	+	27 (4) any other adult relative suggested by either parent of a child.
	140	+	28 (c) "Relative", for purposes of sections 16.6, 76.2, and 131.7 of this
	141	+	29 chapter, IC 31-27, IC 31-28-5.8, IC 31-34-4, IC 31-34-19,
	142	+	30 IC 31-34-23-6, and IC 31-37, means any of the following in relation to
	143	+	31 a child:
	144	+	32 (1) A parent.
	145	+	33 (2) A grandparent.
	146	+	34 (3) A brother.
	147	+	35 (4) A sister.
	148	+	36 (5) A stepparent.
	149	+	37 (6) A stepgrandparent.
	150	+	38 (7) A stepbrother.
	151	+	39 (8) A stepsister.
	152	+	40 (9) A first cousin.
	153	+	41 (10) An uncle.
	154	+	42 (11) An aunt.
	155	+	EH 1064—LS 6489/DI 148 4
	156	+	1 (12) Any other individual with whom a child has an established
	157	+	2 and significant relationship.
	158	+	3 SECTION 7. IC 31-9-2-131.7, AS AMENDED BY P.L.244-2023,
	159	+	4 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	160	+	5 JULY 1, 2024]: Sec. 131.7. "Unlicensed kinship caregiver", for
	161	+	6 purposes of section 47 of this chapter, IC 31-32-2.5, IC 31-34-21-4.5,
	162	+	7 and IC 31-28-7, means a relative (as defined by IC 31-9-2-107(c))
	163	+	8 section 107(c) of this chapter) who is:
	164	+	9 (1) providing care and supervision to a child under a court order
	165	+	10 for purposes of placement in a child in need of services case or
	166	+	11 juvenile delinquency case; and
	167	+	12 (2) not licensed as a foster parent under IC 31-27-4.
	168	+	13 SECTION 8. IC 31-19-27-1.5, AS ADDED BY P.L.42-2009,
	169	+	14 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	170	+	15 JULY 1, 2024]: Sec. 1.5. The department shall consider a child who is
	171	+	16 two (2) years of age or older a hard to place child for determining
	172	+	17 eligibility a ward of the department a hard to place child for
	173	+	18 determining eligibility for state adoption subsidies under
	174	+	19 IC 31-19-26.5.
	175	+	20 SECTION 9. IC 31-26-4.5-2 IS REPEALED [EFFECTIVE JULY
	176	+	21 1, 2024]. Sec. 2. As used in this chapter, "foster youth" refers to an
	177	+	22 individual:
	178	+	23 (1) at least sixteen (16) years of age;
	179	+	24 (2) not more than twenty-three (23) years of age; and
	180	+	25 (3) who is:
	181	+	26 (A) adjudicated a child in need of services under IC 31-34-1;
	182	+	27 (B) an older youth in a collaborative care program under
	183	+	28 IC 31-28-5.8; or
	184	+	29 (C) a participant in voluntary older youth services provided by
	185	+	30 a contractor of the department and referred to them by a
	186	+	31 department employee.
	187	+	32 SECTION 10. IC 31-28-2-2, AS AMENDED BY P.L.128-2012,
	188	+	33 SECTION 145, IS AMENDED TO READ AS FOLLOWS
	189	+	34 [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) If medical care is provided to
	190	+	35 a child who receives foster care, the person who has custody of the
	191	+	36 child shall inform the provider that the provider is required to file a
	192	+	37 copy of:
	193	+	38 (1) the form provided under IC 31-28-3; and
	194	+	39 (2) the child's medical treatment record for the medical care;
	195	+	40 with the local office in which the child resides.
	196	+	41 (b) The provider shall file the form and record with the local office.
	197	+	42 child is in foster care and require a copy of the medical treatment
	198	+	EH 1064—LS 6489/DI 148 5
	199	+	1 record be sent to the local office.
	200	+	2 SECTION 11. IC 31-28-2-3, AS AMENDED BY P.L.128-2012,
	201	+	3 SECTION 146, IS AMENDED TO READ AS FOLLOWS
	202	+	4 [EFFECTIVE JULY 1, 2024]: Sec. 3. The local office shall maintain
	203	+	5 the medical treatment records filed received under section 2 of this
	204	+	6 chapter.
	205	+	7 SECTION 12. IC 31-28-2-4, AS AMENDED BY P.L.104-2015,
	206	+	8 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	207	+	9 JULY 1, 2024]: Sec. 4. (a) The local office shall provide a copy of the
	208	+	10 medical treatment records filed maintained under section 2 of this
	209	+	11 chapter to the person who provides foster care to a child unless
	210	+	12 otherwise prohibited by state or federal law.
	211	+	13 (b) The local office shall provide an individual who:
	212	+	14 (1) is at least eighteen (18) years of age; and
	213	+	15 (2) leaves foster care after receiving foster care for at least six (6)
	214	+	16 months;
	215	+	17 a copy of the individual's medical treatment records in the local
	216	+	18 office's possession.
	217	+	19 SECTION 13. IC 31-28-3-2, AS AMENDED BY P.L.128-2012,
	218	+	20 SECTION 149, IS AMENDED TO READ AS FOLLOWS
	219	+	21 [EFFECTIVE JULY 1, 2024]: Sec. 2. The department shall establish
	220	+	22 a medical passport program maintain medical records for children
	221	+	23 who receive foster care. Under the program, The department shall do
	222	+	24 the following:
	223	+	25 (1) Maintain a record of medical care provided to a foster child.
	224	+	26 (2) Facilitate a provider in providing appropriate care to a foster
	225	+	27 child.
	226	+	28 (3) Allow foster parents to authorize routine and emergency
	227	+	29 medical care to a foster child.
	228	+	30 (4) Provide forms for a provider to submit to the local office
	229	+	31 under IC 31-28-2.
	230	+	32 SECTION 14. IC 31-28-3-3, AS AMENDED BY P.L.104-2015,
	231	+	33 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	232	+	34 JULY 1, 2024]: Sec. 3. (a) The local office shall issue maintain the
	233	+	35 medical passport to record for a foster child when the child is placed
	234	+	36 in foster care. The passport record must remain with the child until:
	235	+	37 (1) the child is returned to the natural parents;
	236	+	38 (2) the child is adopted; or
	237	+	39 (3) a legal guardian is appointed for the child.
	238	+	40 (b) When a child is placed under subsection (a)(1) or (a)(2) or a
	239	+	41 legal guardian is appointed for a child under subsection (a)(3), the
	240	+	42 medical passport shall be returned to the local office that issued the
	241	+	EH 1064—LS 6489/DI 148 6
	242	+	1 passport.
	243	+	2 (c) (b) Unless otherwise prohibited by state or federal law, the
	244	+	3 local office shall provide a copy of the medical passport record to the
	245	+	4 child or the child's legal guardian after the child in need of services
	246	+	5 case or collaborative care case is closed.
	247	+	6 SECTION 15. IC 31-28-7-1, AS ADDED BY P.L.244-2023,
	248	+	7 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	249	+	8 JULY 1, 2024]: Sec. 1. If the department temporarily places a child
	250	+	9 with:
	251	+	10 (1) an unlicensed kinship caregiver; or
	252	+	11 (2) a de facto custodian;
	253	+	12 the department may not remove the child from the home of the
	254	+	13 unlicensed kinship caregiver or de facto custodian solely on the basis
	255	+	14 of the unlicensed kinship caregiver or de facto custodian having filed
	256	+	15 a petition to adopt the child.
	257	+	16 SECTION 16. IC 31-32-2.5-1, AS AMENDED BY P.L.68-2022,
	258	+	17 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	259	+	18 JULY 1, 2024]: Sec. 1. (a) Except as provided in subsection (b) and
	260	+	19 subject to this chapter:
	261	+	20 (1) a foster parent;
	262	+	21 (2) a long term foster parent;
	263	+	22 (3) a person who has been a foster parent; or
	264	+	23 (4) an unlicensed kinship caregiver;
	265	+	24 of a child may petition the court to request intervention as a party
	266	+	25 during any stage of a child in need of services proceeding under
	267	+	26 IC 31-34 or a termination of parent-child relationship proceeding under
	268	+	27 IC 31-35 concerning the child.
	269	+	28 (b) Any person described in subsection (a) who has been:
	270	+	29 (1) the subject of a substantiated report of child abuse or neglect;
	271	+	30 or
	272	+	31 (2) convicted of a nonwaivable offense, as defined in
	273	+	32 IC 31-9-2-84.8;
	274	+	33 may not petition the court to intervene under this chapter.
	275	+	34 SECTION 17. IC 31-33-18-6, AS ADDED BY P.L.59-2022,
	276	+	35 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	277	+	36 JULY 1, 2024]: Sec. 6. For the purposes of IC 31-26-4.5, the
	278	+	37 department may certify or acknowledge that an individual qualifies as
	279	+	38 a foster youth under IC 31-26-4.5-2. IC 31-9-2-47.3.
	280	+	39 SECTION 18. IC 31-34-4-2, AS AMENDED BY P.L.142-2020,
	281	+	40 SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	282	+	41 JULY 1, 2024]: Sec. 2. (a) If a child alleged to be a child in need of
	283	+	42 services is taken into custody under an order of the court under this
	284	+	EH 1064—LS 6489/DI 148 7
	285	+	1 chapter and the court orders out-of-home placement, the department is
	286	+	2 responsible for that placement and care and must consider placing the
	287	+	3 child with a:
	288	+	4 (1) suitable and willing relative; or
	289	+	5 (2) de facto custodian;
	290	+	6 before considering any other out-of-home placement.
	291	+	7 (b) The department shall consider placing a child described in
	292	+	8 subsection (a) with a relative related by blood, marriage, or adoption
	293	+	9 before considering any other placement of the child.
	294	+	10 (c) Before the department places a child in need of services with a
	295	+	11 relative or a de facto custodian, the department shall complete an
	296	+	12 evaluation based on a home visit of the relative's home.
	297	+	13 (d) Except as provided in subsection (f), before placing a child in
	298	+	14 need of services in an out-of-home placement, the department shall
	299	+	15 conduct a criminal history check of each person who is currently
	300	+	16 residing in the location designated as the out-of-home placement.
	301	+	17 (e) Except as provided in subsection (g), the department may not
	302	+	18 make an out-of-home placement if a person described in subsection (d)
	303	+	19 has:
	304	+	20 (1) committed an act resulting in a substantiated report of child
	305	+	21 abuse or neglect; or
	306	+	22 (2) been convicted of a nonwaivable offense, as defined in
	307	+	23 IC 31-9-2-84.8 or had a juvenile adjudication for an act that
	308	+	24 would be a nonwaivable offense, as defined in IC 31-9-2-84.8 if
	309	+	25 committed by an adult.
	310	+	26 (f) The department is not required to conduct a criminal history
	311	+	27 check under subsection (d) if the department makes an out-of-home
	312	+	28 placement to an entity or a facility that is not a residence (as defined in
	313	+	29 IC 3-5-2-42.5) or that is licensed by the state.
	314	+	30 (g) A court may order or the department may approve an
	315	+	31 out-of-home placement if:
	316	+	32 (1) a person described in subsection (d) has:
	317	+	33 (A) committed an act resulting in a substantiated report of
	318	+	34 child abuse or neglect;
	319	+	35 (B) been convicted of:
	320	+	36 (i) battery (IC 35-42-2-1);
	321	+	37 (ii) criminal recklessness (IC 35-42-2-2) as a felony;
	322	+	38 (iii) criminal confinement (IC 35-42-3-3) as a felony;
	323	+	39 (iv) arson (IC 35-43-1-1) as a felony;
	324	+	40 (v) nonsupport of a dependent child (IC 35-46-1-5);
	325	+	41 (vi) operating a motorboat while intoxicated (IC 35-46-9-6)
	326	+	42 as a felony;
	327	+	EH 1064—LS 6489/DI 148 8
	328	+	1 (vii) a felony involving a weapon under IC 35-47;
	329	+	2 (viii) a felony relating to controlled substances under
	330	+	3 IC 35-48-4; or
	331	+	4 (ix) a felony under IC 9-30-5;
	332	+	5 if the conviction did not occur within the past five (5) years; or
	333	+	6 (C) had a juvenile adjudication for a nonwaivable offense, as
	334	+	7 defined in IC 31-9-2-84.8 that, if committed by an adult,
	335	+	8 would be a felony; and
	336	+	9 (2) the person's commission of the offense, delinquent act, or act
	337	+	10 of abuse or neglect described in subdivision (1) is not relevant to
	338	+	11 the person's present ability to care for a child, and the placement
	339	+	12 is in the best interest of the child.
	340	+	13 However, a court or the department may shall not make an out-of-home
	341	+	14 placement if the person has been convicted of a nonwaivable offense,
	342	+	15 as defined in IC 31-9-2-84.8 that is not specifically excluded under
	343	+	16 subdivision (1)(B).
	344	+	17 (h) In considering the placement under subsection (g), the court or
	345	+	18 the department shall consider the following:
	346	+	19 (1) The length of time since the person committed the offense,
	347	+	20 delinquent act, or abuse or neglect.
	348	+	21 (2) The severity of the offense, delinquent act, or abuse or neglect.
	349	+	22 (3) Evidence of the person's rehabilitation, including the person's
	350	+	23 cooperation with a treatment plan, if applicable.
	351	+	24 SECTION 19. IC 31-34-21-4.5, AS AMENDED BY P.L.68-2022,
	352	+	25 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	353	+	26 JULY 1, 2024]: Sec. 4.5. A:
	354	+	27 (1) foster parent;
	355	+	28 (2) long term foster parent;
	356	+	29 (3) person who has been a foster parent; or
	357	+	30 (4) person who is an unlicensed kinship caregiver;
	358	+	31 may petition the court to request intervention as a party to a proceeding
	359	+	32 as set forth in IC 31-32-2.5.
	360	+	EH 1064—LS 6489/DI 148 9
	361	+	COMMITTEE REPORT
	362	+	Mr. Speaker: Your Committee on Family, Children and Human
	363	+	Affairs, to which was referred House Bill 1064, has had the same under
	364	+	consideration and begs leave to report the same back to the House with
	365	+	the recommendation that said bill do pass.
	366	+	(Reference is to HB 1064 as introduced.)
	367	+	DEVON
	368	+	Committee Vote: Yeas 9, Nays 0
	369	+	_____
	370	+	COMMITTEE REPORT
	371	+	Madam President: The Senate Committee on Family and Children
	372	+	Services, to which was referred House Bill No. 1064, has had the same
	373	+	under consideration and begs leave to report the same back to the
	374	+	Senate with the recommendation that said bill DO PASS and be
	375	+	reassigned to the Senate Committee on Appropriations.
	376	+	(Reference is to HB 1064 as printed January 18, 2024.)
	377	+	WALKER G, Chairperson
	378	+	Committee Vote: Yeas 7, Nays 0
	379	+	_____
	380	+	COMMITTEE REPORT
	381	+	Madam President: The Senate Committee on Appropriations, to
	382	+	which was referred Engrossed House Bill No. 1064, has had the same
	383	+	under consideration and begs leave to report the same back to the
	384	+	Senate with the recommendation that said bill be AMENDED as
	385	+	follows:
	386	+	Page 4, delete lines 13 through 42.
	387	+	Page 5, delete lines 1 through 41.
	388	+	Renumber all SECTIONS consecutively.
	389	+	and when so amended that said bill do pass.
	390	+	(Reference is to EHB 1064 as printed February 13, 2024.)
	391	+	MISHLER, Chairperson
	392	+	Committee Vote: Yeas 13, Nays 0.
	393	+	EH 1064—LS 6489/DI 148