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