Introduced Version
HOUSE BILL No. 1139
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DIGEST OF INTRODUCED BILL
Citations Affected: IC 31-34-11-1; IC 31-35-2-2.5.
Synopsis: CHINS and TPR proceedings. Allows a juvenile court to
extend the time to complete a factfinding hearing for a child in need of
services (CHINS) petition under certain conditions. Prohibits a juvenile
court from granting a continuance in a termination of parent-child
relationship (TPR) proceeding unless the motion is filed by a proper
person and is accompanied by certain evidence.
Effective: July 1, 2024.
Goss-Reaves
January 8, 2024, read first time and referred to Committee on Judiciary.
2024 IN 1139—LS 6599/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. 1139
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 31-34-11-1, AS AMENDED BY P.L.48-2012,
2 SECTION 59, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2024]: Sec. 1. (a) Except as provided in subsection (b), unless
4 the allegations of a petition have been admitted, the juvenile court shall
5 complete a factfinding hearing not more than sixty (60) days after a
6 petition alleging that a child is a child in need of services is filed in
7 accordance with IC 31-34-9.
8 (b) The juvenile court may extend the time to complete a factfinding
9 hearing, as described in subsection (a), for an additional sixty (60) days
10 if:
11 (1) all parties in the action consent to the additional time;
12 (2) there is a good faith reason for the additional time; and
13 (3) the additional time will not cause an unreasonable delay in
14 the child's permanency plan.
15 (c) If the factfinding hearing is not held immediately after the initial
16 hearing as provided under IC 31-34-10-9, the department shall provide
17 notice of any factfinding hearing to each foster parent or other
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1 caretaker with whom the child has been placed for temporary care. The
2 court shall provide a person who is required to be notified under this
3 subsection an opportunity to be heard at the factfinding hearing.
4 (d) If the factfinding hearing is not held within the time set forth in
5 subsection (a) or (b), upon a motion with the court, the court shall
6 dismiss the case without prejudice.
7 SECTION 2. IC 31-35-2-2.5 IS ADDED TO THE INDIANA CODE
8 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
9 1, 2024]: Sec. 2.5. A juvenile court shall not grant a continuance of
10 proceedings for termination of a parent-child relationship unless
11 a person described in section 4(a) of this chapter:
12 (1) files the motion for continuance; and
13 (2) includes evidence that:
14 (A) there is a good faith reason for the delay; and
15 (B) the delay will not cause an unreasonable delay in the
16 child's permanency plan.
2024 IN 1139—LS 6599/DI 148