| 1 | 1 | | |
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| 2 | 2 | | Introduced Version |
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| 3 | 3 | | HOUSE BILL No. 1139 |
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| 4 | 4 | | _____ |
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| 5 | 5 | | DIGEST OF INTRODUCED BILL |
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| 6 | 6 | | Citations Affected: IC 31-34-11-1; IC 31-35-2-2.5. |
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| 7 | 7 | | Synopsis: CHINS and TPR proceedings. Allows a juvenile court to |
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| 8 | 8 | | extend the time to complete a factfinding hearing for a child in need of |
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| 9 | 9 | | services (CHINS) petition under certain conditions. Prohibits a juvenile |
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| 10 | 10 | | court from granting a continuance in a termination of parent-child |
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| 11 | 11 | | relationship (TPR) proceeding unless the motion is filed by a proper |
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| 12 | 12 | | person and is accompanied by certain evidence. |
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| 13 | 13 | | Effective: July 1, 2024. |
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| 14 | 14 | | Goss-Reaves |
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| 15 | 15 | | January 8, 2024, read first time and referred to Committee on Judiciary. |
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| 16 | 16 | | 2024 IN 1139—LS 6599/DI 148 Introduced |
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| 17 | 17 | | Second Regular Session of the 123rd General Assembly (2024) |
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| 18 | 18 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
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| 19 | 19 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
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| 20 | 20 | | additions will appear in this style type, and deletions will appear in this style type. |
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| 21 | 21 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
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| 22 | 22 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
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| 23 | 23 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
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| 24 | 24 | | a new provision to the Indiana Code or the Indiana Constitution. |
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| 25 | 25 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
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| 26 | 26 | | between statutes enacted by the 2023 Regular Session of the General Assembly. |
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| 27 | 27 | | HOUSE BILL No. 1139 |
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| 28 | 28 | | A BILL FOR AN ACT to amend the Indiana Code concerning |
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| 29 | 29 | | family law and juvenile law. |
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| 30 | 30 | | Be it enacted by the General Assembly of the State of Indiana: |
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| 31 | 31 | | 1 SECTION 1. IC 31-34-11-1, AS AMENDED BY P.L.48-2012, |
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| 32 | 32 | | 2 SECTION 59, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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| 33 | 33 | | 3 JULY 1, 2024]: Sec. 1. (a) Except as provided in subsection (b), unless |
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| 34 | 34 | | 4 the allegations of a petition have been admitted, the juvenile court shall |
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| 35 | 35 | | 5 complete a factfinding hearing not more than sixty (60) days after a |
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| 36 | 36 | | 6 petition alleging that a child is a child in need of services is filed in |
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| 37 | 37 | | 7 accordance with IC 31-34-9. |
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| 38 | 38 | | 8 (b) The juvenile court may extend the time to complete a factfinding |
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| 39 | 39 | | 9 hearing, as described in subsection (a), for an additional sixty (60) days |
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| 40 | 40 | | 10 if: |
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| 41 | 41 | | 11 (1) all parties in the action consent to the additional time; |
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| 42 | 42 | | 12 (2) there is a good faith reason for the additional time; and |
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| 43 | 43 | | 13 (3) the additional time will not cause an unreasonable delay in |
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| 44 | 44 | | 14 the child's permanency plan. |
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| 45 | 45 | | 15 (c) If the factfinding hearing is not held immediately after the initial |
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| 46 | 46 | | 16 hearing as provided under IC 31-34-10-9, the department shall provide |
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| 47 | 47 | | 17 notice of any factfinding hearing to each foster parent or other |
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| 48 | 48 | | 2024 IN 1139—LS 6599/DI 148 2 |
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| 49 | 49 | | 1 caretaker with whom the child has been placed for temporary care. The |
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| 50 | 50 | | 2 court shall provide a person who is required to be notified under this |
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| 51 | 51 | | 3 subsection an opportunity to be heard at the factfinding hearing. |
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| 52 | 52 | | 4 (d) If the factfinding hearing is not held within the time set forth in |
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| 53 | 53 | | 5 subsection (a) or (b), upon a motion with the court, the court shall |
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| 54 | 54 | | 6 dismiss the case without prejudice. |
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| 55 | 55 | | 7 SECTION 2. IC 31-35-2-2.5 IS ADDED TO THE INDIANA CODE |
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| 56 | 56 | | 8 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
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| 57 | 57 | | 9 1, 2024]: Sec. 2.5. A juvenile court shall not grant a continuance of |
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| 58 | 58 | | 10 proceedings for termination of a parent-child relationship unless |
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| 59 | 59 | | 11 a person described in section 4(a) of this chapter: |
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| 60 | 60 | | 12 (1) files the motion for continuance; and |
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| 61 | 61 | | 13 (2) includes evidence that: |
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| 62 | 62 | | 14 (A) there is a good faith reason for the delay; and |
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| 63 | 63 | | 15 (B) the delay will not cause an unreasonable delay in the |
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| 64 | 64 | | 16 child's permanency plan. |
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| 65 | 65 | | 2024 IN 1139—LS 6599/DI 148 |
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