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.
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between statutes enacted by the 2023 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1064
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:
SECTION 1. IC 14-19-3-1, AS AMENDED BY P.L.97-2023,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 1. (a) The department may not charge a price of
admission to:
(1) inpatients of state or federally owned or operated hospitals or
institutions and their supervisors;
(2) foster families who reside together in the same foster family
home licensed under IC 31-27-4; or
(3) individuals who meet the definition of foster youth set forth in
IC 31-26-4.5-2; IC 31-9-2-47.3;
for the use of any property owned or managed by the department for
purposes of this article.
(b) If necessary, the department may adopt rules concerning the
appropriate form of identification or documentation required for
admission to a location described in subsection (a).
SECTION 2. IC 27-1-22-20.1, AS ADDED BY P.L.97-2023,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 20.1. (a) For purposes of this section, an
individual is a "foster youth" if:
(1) the department of child services; or
(2) a designee of the department of child services;
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certifies or acknowledges that the individual is a foster youth (as
defined by IC 31-26-4.5-2). IC 31-9-2-47.3).
(b) The department of child services established by IC 31-25-1-1
shall make available to foster youths and to the public a list, provided
by the Insurance Institute of Indiana, identifying insurers that may
provide automobile insurance coverage outside the plan described in
subsection (c) for a minor without a guardian cosigner. The list of
insurers shall be reviewed annually.
(c) An assigned risk automobile insurance plan established by
insurers under section 20 of this chapter must, subject to the rules of
the plan, make automobile insurance available to a foster youth who:
(1) is at least sixteen (16) years of age and not more than
twenty-three (23) years of age; and
(2) is receiving services from the department of child services.
(d) An applicant who is a foster youth is responsible for paying all
costs of a policy of automobile insurance issued under subsection (c).
A state or local government agency, foster parent, or entity providing
services to an applicant under a contract or at the direction of a state or
local government agency shall not be required to pay any costs
associated with a policy of automobile insurance issued under
subsection (c) and shall not be liable for any damages that result from
the foster youth's operation of an automobile owned and insured by the
foster youth.
SECTION 3. IC 31-9-2-47, AS AMENDED BY P.L.123-2014,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 47. "Foster parent", for purposes of the juvenile
law, means an individual who provides care and supervision to a child
in a foster family home (as defined in IC 31-9-2-46.9). The term
includes a licensed kinship caregiver and an unlicensed kinship
caregiver.
SECTION 4. IC 31-9-2-47.3 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2024]: Sec. 47.3. "Foster youth", for purposes of IC 31-26-4.5,
refers to an individual:
(1) who is at least sixteen (16) years of age;
(2) who is not more than twenty-three (23) years of age; and
(3) who is:
(A) adjudicated a child in need of services under
IC 31-34-1;
(B) an older youth in a collaborative care program under
IC 31-28-5.8; or
(C) a participant in voluntary older youth services
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provided by a contractor of the department and referred
to them by a department employee.
SECTION 5. IC 31-9-2-76.2 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2024]: Sec. 76.2. "Licensed kinship caregiver" means a relative
who is:
(1) providing care and supervision to a child under a court
order for purposes of placement in a child in need of services
case or juvenile delinquency case; and
(2) licensed as a foster parent under IC 31-27-4.
SECTION 6. IC 31-9-2-107, AS AMENDED BY P.L.77-2023,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 107. (a) "Relative", for purposes of IC 31-19-18
and IC 31-19-25, means:
(1) an adoptive or whole blood related parent;
(2) a sibling; or
(3) a child.
(b) "Relative", for purposes of IC 31-34-3, means:
(1) a maternal or paternal grandparent;
(2) an adult aunt or uncle;
(3) a parent of a child's sibling if the parent has legal custody of
the sibling; or
(4) any other adult relative suggested by either parent of a child.
(c) "Relative", for purposes of sections 16.6, 76.2, and 131.7 of this
chapter, IC 31-27, IC 31-28-5.8, IC 31-34-4, IC 31-34-19,
IC 31-34-23-6, and IC 31-37, means any of the following in relation to
a child:
(1) A parent.
(2) A grandparent.
(3) A brother.
(4) A sister.
(5) A stepparent.
(6) A stepgrandparent.
(7) A stepbrother.
(8) A stepsister.
(9) A first cousin.
(10) An uncle.
(11) An aunt.
(12) Any other individual with whom a child has an established
and significant relationship.
SECTION 7. IC 31-9-2-131.7, AS AMENDED BY P.L.244-2023,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
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JULY 1, 2024]: Sec. 131.7. "Unlicensed kinship caregiver", for
purposes of section 47 of this chapter, IC 31-32-2.5, IC 31-34-21-4.5,
and IC 31-28-7, means a relative (as defined by IC 31-9-2-107(c))
section 107(c) of this chapter) who is:
(1) providing care and supervision to a child under a court order
for purposes of placement in a child in need of services case or
juvenile delinquency case; and
(2) not licensed as a foster parent under IC 31-27-4.
SECTION 8. IC 31-19-27-1.5, AS ADDED BY P.L.42-2009,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 1.5. The department shall consider a child who is
two (2) years of age or older a hard to place child for determining
eligibility a ward of the department a hard to place child for
determining eligibility for state adoption subsidies under
IC 31-19-26.5.
SECTION 9. IC 31-26-4.5-2 IS REPEALED [EFFECTIVE JULY
1, 2024]. Sec. 2. As used in this chapter, "foster youth" refers to an
individual:
(1) at least sixteen (16) years of age;
(2) not more than twenty-three (23) years of age; and
(3) who is:
(A) adjudicated a child in need of services under IC 31-34-1;
(B) an older youth in a collaborative care program under
IC 31-28-5.8; or
(C) a participant in voluntary older youth services provided by
a contractor of the department and referred to them by a
department employee.
SECTION 10. IC 31-28-2-2, AS AMENDED BY P.L.128-2012,
SECTION 145, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 2. (a) If medical care is provided to
a child who receives foster care, the person who has custody of the
child shall inform the provider that the provider is required to file a
copy of:
(1) the form provided under IC 31-28-3; and
(2) the child's medical treatment record for the medical care;
with the local office in which the child resides.
(b) The provider shall file the form and record with the local office.
child is in foster care and require a copy of the medical treatment
record be sent to the local office.
SECTION 11. IC 31-28-2-3, AS AMENDED BY P.L.128-2012,
SECTION 146, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 3. The local office shall maintain
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the medical treatment records filed received under section 2 of this
chapter.
SECTION 12. IC 31-28-2-4, AS AMENDED BY P.L.104-2015,
SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 4. (a) The local office shall provide a copy of the
medical treatment records filed maintained under section 2 of this
chapter to the person who provides foster care to a child unless
otherwise prohibited by state or federal law.
(b) The local office shall provide an individual who:
(1) is at least eighteen (18) years of age; and
(2) leaves foster care after receiving foster care for at least six (6)
months;
a copy of the individual's medical treatment records in the local
office's possession.
SECTION 13. IC 31-28-3-2, AS AMENDED BY P.L.128-2012,
SECTION 149, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 2. The department shall establish
a medical passport program maintain medical records for children
who receive foster care. Under the program, The department shall do
the following:
(1) Maintain a record of medical care provided to a foster child.
(2) Facilitate a provider in providing appropriate care to a foster
child.
(3) Allow foster parents to authorize routine and emergency
medical care to a foster child.
(4) Provide forms for a provider to submit to the local office
under IC 31-28-2.
SECTION 14. IC 31-28-3-3, AS AMENDED BY P.L.104-2015,
SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 3. (a) The local office shall issue maintain the
medical passport to record for a foster child when the child is placed
in foster care. The passport record must remain with the child until:
(1) the child is returned to the natural parents;
(2) the child is adopted; or
(3) a legal guardian is appointed for the child.
(b) When a child is placed under subsection (a)(1) or (a)(2) or a
legal guardian is appointed for a child under subsection (a)(3), the
medical passport shall be returned to the local office that issued the
passport.
(c) (b) Unless otherwise prohibited by state or federal law, the
local office shall provide a copy of the medical passport record to the
child or the child's legal guardian after the child in need of services
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case or collaborative care case is closed.
SECTION 15. IC 31-28-7-1, AS ADDED BY P.L.244-2023,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 1. If the department temporarily places a child
with:
(1) an unlicensed kinship caregiver; or
(2) a de facto custodian;
the department may not remove the child from the home of the
unlicensed kinship caregiver or de facto custodian solely on the basis
of the unlicensed kinship caregiver or de facto custodian having filed
a petition to adopt the child.
SECTION 16. IC 31-32-2.5-1, AS AMENDED BY P.L.68-2022,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 1. (a) Except as provided in subsection (b) and
subject to this chapter:
(1) a foster parent;
(2) a long term foster parent;
(3) a person who has been a foster parent; or
(4) an unlicensed kinship caregiver;
of a child may petition the court to request intervention as a party
during any stage of a child in need of services proceeding under
IC 31-34 or a termination of parent-child relationship proceeding under
IC 31-35 concerning the child.
(b) Any person described in subsection (a) who has been:
(1) the subject of a substantiated report of child abuse or neglect;
or
(2) convicted of a nonwaivable offense, as defined in
IC 31-9-2-84.8;
may not petition the court to intervene under this chapter.
SECTION 17. IC 31-33-18-6, AS ADDED BY P.L.59-2022,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 6. For the purposes of IC 31-26-4.5, the
department may certify or acknowledge that an individual qualifies as
a foster youth under IC 31-26-4.5-2. IC 31-9-2-47.3.
SECTION 18. IC 31-34-4-2, AS AMENDED BY P.L.142-2020,
SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 2. (a) If a child alleged to be a child in need of
services is taken into custody under an order of the court under this
chapter and the court orders out-of-home placement, the department is
responsible for that placement and care and must consider placing the
child with a:
(1) suitable and willing relative; or
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(2) de facto custodian;
before considering any other out-of-home placement.
(b) The department shall consider placing a child described in
subsection (a) with a relative related by blood, marriage, or adoption
before considering any other placement of the child.
(c) Before the department places a child in need of services with a
relative or a de facto custodian, the department shall complete an
evaluation based on a home visit of the relative's home.
(d) Except as provided in subsection (f), before placing a child in
need of services in an out-of-home placement, the department shall
conduct a criminal history check of each person who is currently
residing in the location designated as the out-of-home placement.
(e) Except as provided in subsection (g), the department may not
make an out-of-home placement if a person described in subsection (d)
has:
(1) committed an act resulting in a substantiated report of child
abuse or neglect; or
(2) been convicted of a nonwaivable offense, as defined in
IC 31-9-2-84.8 or had a juvenile adjudication for an act that
would be a nonwaivable offense, as defined in IC 31-9-2-84.8 if
committed by an adult.
(f) The department is not required to conduct a criminal history
check under subsection (d) if the department makes an out-of-home
placement to an entity or a facility that is not a residence (as defined in
IC 3-5-2-42.5) or that is licensed by the state.
(g) A court may order or the department may approve an
out-of-home placement if:
(1) a person described in subsection (d) has:
(A) committed an act resulting in a substantiated report of
child abuse or neglect;
(B) been convicted of:
(i) battery (IC 35-42-2-1);
(ii) criminal recklessness (IC 35-42-2-2) as a felony;
(iii) criminal confinement (IC 35-42-3-3) as a felony;
(iv) arson (IC 35-43-1-1) as a felony;
(v) nonsupport of a dependent child (IC 35-46-1-5);
(vi) operating a motorboat while intoxicated (IC 35-46-9-6)
as a felony;
(vii) a felony involving a weapon under IC 35-47;
(viii) a felony relating to controlled substances under
IC 35-48-4; or
(ix) a felony under IC 9-30-5;
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if the conviction did not occur within the past five (5) years; or
(C) had a juvenile adjudication for a nonwaivable offense, as
defined in IC 31-9-2-84.8 that, if committed by an adult,
would be a felony; and
(2) the person's commission of the offense, delinquent act, or act
of abuse or neglect described in subdivision (1) is not relevant to
the person's present ability to care for a child, and the placement
is in the best interest of the child.
However, a court or the department may shall not make an out-of-home
placement if the person has been convicted of a nonwaivable offense,
as defined in IC 31-9-2-84.8 that is not specifically excluded under
subdivision (1)(B).
(h) In considering the placement under subsection (g), the court or
the department shall consider the following:
(1) The length of time since the person committed the offense,
delinquent act, or abuse or neglect.
(2) The severity of the offense, delinquent act, or abuse or neglect.
(3) Evidence of the person's rehabilitation, including the person's
cooperation with a treatment plan, if applicable.
SECTION 19. IC 31-34-21-4.5, AS AMENDED BY P.L.68-2022,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 4.5. A:
(1) foster parent;
(2) long term foster parent;
(3) person who has been a foster parent; or
(4) person who is an unlicensed kinship caregiver;
may petition the court to request intervention as a party to a proceeding
as set forth in IC 31-32-2.5.
HEA 1064 — Concur Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
HEA 1064 — Concur