Indiana 2024 2024 Regular Session

Indiana House Bill HB1150 Introduced / Fiscal Note

Filed 01/04/2024

                    LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
200 W. Washington St., Suite 301
Indianapolis, IN 46204
(317) 233-0696
iga.in.gov
FISCAL IMPACT STATEMENT
LS 6519	NOTE PREPARED: Dec 31, 2023
BILL NUMBER: HB 1150	BILL AMENDED: 
SUBJECT: Juvenile Victims of Human Trafficking.
FIRST AUTHOR: Rep. Goss-Reaves	BILL STATUS: As Introduced
FIRST SPONSOR: 
FUNDS AFFECTED: GENERAL	IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: This bill provides that if a petition alleges that a child is a Child in Need of
Services (CHINS) as a victim of human or sexual trafficking, the juvenile court shall make a determination
on the petition and: 
(1) the child shall not be required to admit or deny the allegation; and 
(2) the petitioner must prove the allegation by a preponderance of the evidence. 
It also requires that before or at the initial hearing, the court shall appoint an attorney for a child alleged to
be a CHINS as a victim of human or sexual trafficking.
Effective Date:  July 1, 2024.
Explanation of State Expenditures: Public Defense Fund: The bill could potentially increase the number
of claims for reimbursement from the Public Defense Fund. If additional claims are approved, OFMA
estimates the bill could potentially increase state expenditures from the Public Defense Fund by
approximately $30,624 to $45,936 annually beginning in FY 2025. The state expenses would be reduced if
the court hires private counsel to represent a child.
Additional Information - OFMA assumes the cost-per-case for a child in a CHINS case is similar to the cost
of representation for a parent, guardian, or custodian in a CHINS/TPR case. This estimate is based on twelve
months of assessments for human trafficking allegations that were determined to be substantiated by the
Department of Child Services (DCS). 
From December 2022 to November 2023, the DCS investigated 389 allegations of human trafficking (there
HB 1150	1 may be multiple allegations per complaint), for which 55 or 16% were substantiated after assessment. It is
unknown how many of these reports were referred for arrest and prosecution in the state. The DCS has
reported a monthly average of 5 substantiated assessments for human trafficking.    
According to the National Human Trafficking Hotline, in 2021, 123 cases of human trafficking involving
176 victims were identified in Indiana through hotline reports. An estimated 25% of these victims are
assumed to be minors (44).
Explanation of State Revenues: 
Explanation of Local Expenditures: Summary - To the extent a GAL/CASA is not an attorney, local
expenditures will increase to appoint an attorney to child victims of human or sexual trafficking. The bill is
estimated to increase local expenditures by approximately $51,660 to $77,489 annually. The cost incurred
by counties may be somewhat offset by the federal Title IV-E reimbursement grants for eligible CHINS
expenses.  
Actual cost will depend on the court caseload, cost of representation, type of cases disposed of, and a
county's eligibility for reimbursement from the Public Defense Fund. The Public Defender Commission does
not provide reimbursement for adoption, juvenile paternity, status, and miscellaneous cases. 
Additional Information - Courts are currently required to appoint a guardian ad litem (GAL) or a court
appointed special advocate (CASA) for child victims of human or sexual trafficking. A GAL/CASA can
currently be an attorney, but also may be a social worker or a volunteer with no legal expertise. To the extent
an attorney GAL/CASA is currently appointed to a child, the bill’s requirements could be satisfied. 
County GAL/CASA programs receive state matching funds from the Office of Court Services. Annually
during the FY 2024/FY 2025 biennium the program receives $6.34 M in General Fund appropriations. 
Currently, 66 counties receive public defense reimbursement and 5 counties receive IV-E funding only. In
CY 2022, there were approximately 8,894 new CHINS filings. Of the new filings, about 81% of new cases
were in commission counties.
Explanation of Local Revenues: 
State Agencies Affected: Public Defender Commission. 
Local Agencies Affected: Courts with juvenile court jurisdiction; county public defenders.  
Information Sources: Indiana Public Defender Commission, Funding and Reimbursement History,
https://www.in.gov/publicdefender/funding-and-reimbursement-history/; Indiana Supreme Court, Indiana
Trial Court Statistics by County; Indiana Department of Child Services, Reports & Statistics, Assessment
Decisions Summary Statewide Report Per Month (Nov. 2023 - Dec. 2022),
https://www.in.gov/dcs/reports-and-statistics/child-abuse-and-neglect/; National Human Trafficking Hotline,
https://humantraffickinghotline.org/en/statistics/indiana; 
Fiscal Analyst: Corrin Harvey,  317-234-9438.
HB 1150	2