Introduced Version
HOUSE BILL No. 1101
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 33-23-16.
Synopsis: Courts for children three years of age and younger in need
of services. Establishes a safe baby court as a type of problem solving
court. Provides that a child in need of services is an eligible individual
for purposes of a problem solving court program and that a parent or
guardian of a child in need of services may be responsible for paying
certain fees.
Effective: July 1, 2024.
Lauer
January 8, 2024, read first time and referred to Committee on Judiciary.
2024 IN 1101—LS 6750/DI 148 Introduced
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
HOUSE BILL No. 1101
A BILL FOR AN ACT to amend the Indiana Code concerning
courts and court officers.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 33-23-16-9.5 IS ADDED TO THE INDIANA
2 CODE AS A NEW SECTION TO READ AS FOLLOWS
3 [EFFECTIVE JULY 1, 2024]: Sec. 9.5. As used in this chapter, "safe
4 baby court" means a problem solving court focused on addressing
5 the needs of at-risk families who have a child in need of services
6 who is three (3) years of age or younger by surrounding the at-risk
7 family with support services to:
8 (1) reduce:
9 (A) time to permanency;
10 (B) incidences of repeat maltreatment; and
11 (C) the long term and short term effects of traumatic
12 experiences occurring on a child's brain development;
13 (2) promote:
14 (A) public safety through the reductions described in
15 subdivision (1); and
16 (B) effective interaction and the use of resources among
17 both public and private stakeholders; and
2024 IN 1101—LS 6750/DI 148 2
1 (3) increase the personal, familial, and societal accountability
2 of families.
3 SECTION 2. IC 33-23-16-11, AS AMENDED BY P.L.9-2022,
4 SECTION 72, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5 JULY 1, 2024]: Sec. 11. A city court or county court may establish a
6 problem solving court. A problem solving court established under this
7 section may be:
8 (1) a drug court;
9 (2) a mental health court;
10 (3) a family dependency drug court;
11 (4) a community court;
12 (5) a reentry court;
13 (6) a domestic violence court;
14 (7) a veterans' court; or
15 (8) a safe baby court; or
16 (8) (9) any other court certified as a problem solving court by the
17 office of judicial administration under section 17 of this chapter.
18 SECTION 3. IC 33-23-16-13, AS AMENDED BY P.L.95-2013,
19 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
20 JULY 1, 2024]: Sec. 13. An individual is eligible to participate in a
21 problem solving court program only if:
22 (1) the individual meets all of the eligibility criteria established by
23 the board under section 12 of this chapter;
24 (2) the judge of the problem solving court approves the admission
25 of the individual to the problem solving court program; and
26 (3) the individual is referred to the problem solving court as a
27 result of at least one (1) of the following:
28 (A) A condition of a pretrial diversion program authorized by
29 statute or authorized by the judge of the problem solving court
30 and the prosecuting attorney.
31 (B) The procedure described in section 14 of this chapter.
32 (C) The procedure described in section 15 of this chapter.
33 (D) A condition of probation.
34 (E) A condition of participation in a community corrections
35 program under IC 11-12-1.
36 (F) A condition of participation in a forensic diversion
37 program under IC 11-12-3.7.
38 (G) A condition of a community transition program under
39 IC 11-10-11.5.
40 (H) A condition of parole.
41 (I) An order in a dispositional decree under IC 31-34-20 to
42 participate in a family dependency drug court if the individual
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1 is a parent, guardian, or another household member of a child
2 adjudicated a child in need of services.
3 (J) A condition of an informal adjustment program under
4 IC 31-37-9.
5 (K) Involvement in:
6 (i) a child in need of services proceeding;
7 (i) (ii) a child support proceeding;
8 (ii) (iii) a mental health commitment; or
9 (iii) (iv) a civil protection proceeding.
10 (L) A condition of an informal adjustment program under
11 IC 31-34-8.
12 (M) A condition of a misdemeanor sentence.
13 (N) A condition of a program authorized by the:
14 (i) judge of a problem solving court; and
15 (ii) department of correction or the county sheriff.
16 SECTION 4. IC 33-23-16-23.5, AS AMENDED BY P.L.136-2012,
17 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18 JULY 1, 2024]: Sec. 23.5. (a) A parent or guardian of a child:
19 (1) who is:
20 (A) a child in need of services;
21 (A) (B) adjudicated a delinquent child; or
22 (B) (C) in a program of informal adjustment approved by a
23 juvenile court under IC 31-37-9; and
24 (2) who is accepted into a problem solving court program;
25 is financially responsible for the problem solving court services fee and
26 chemical testing expenses assessed against the child by the problem
27 solving court under this chapter.
28 (b) A parent or guardian of a child described in subsection (a) shall,
29 before a hearing under subsection (c) concerning payment of fees and
30 expenses assessed against the child, provide financial information to
31 the problem solving court as ordered by the problem solving court.
32 (c) The problem solving court shall hold a hearing and may order
33 the parent or guardian to pay fees and expenses assessed against a child
34 described in subsection (a) unless the problem solving court makes a
35 specific finding that:
36 (1) the parent or guardian is unable to pay the fees or expenses;
37 or
38 (2) justice would not be served by ordering the parent or guardian
39 to pay the fees or expenses.
40 (d) If a parent or guardian is ordered to pay fees or expenses under
41 this section, the parent or guardian shall pay the fees or expenses to the
42 problem solving court or the clerk of the court. The problem solving
2024 IN 1101—LS 6750/DI 148 4
1 court shall keep a record of all payments made under this section by
2 each parent or guardian. When a child is discharged from a problem
3 solving court program, the problem solving court shall determine the
4 amount of any unpaid fees or expenses a parent or guardian owes under
5 this section. The problem solving court may reduce the unpaid balance
6 to a final judgment that may be enforced in any court that has
7 appropriate jurisdiction.
2024 IN 1101—LS 6750/DI 148