Indiana 2024 Regular Session

Indiana House Bill HB1150 Latest Draft

Bill / Introduced Version Filed 01/04/2024

                             
Introduced Version
HOUSE BILL No. 1150
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DIGEST OF INTRODUCED BILL
Citations Affected:  IC 31-34.
Synopsis:  Juvenile victims of human trafficking. Provides that if a
petition alleges that a child is a child in need of services 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. Requires that before or
at the initial hearing, the court shall appoint an attorney for a child
alleged to be a child in need of services as a victim of human or sexual
trafficking.
Effective:  July 1, 2024.
Goss-Reaves, DeVon
January 8, 2024, read first time and referred to Committee on Judiciary.
2024	IN 1150—LS 6519/DI 119 Introduced
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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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. 1150
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 31-34-1-3.5, AS AMENDED BY P.L.142-2020,
2 SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2024]: Sec. 3.5. (a) A child is a child in need of services if,
4 before the child becomes eighteen (18) years of age:
5 (1) the child is the victim of human or sexual trafficking (as
6 defined in IC 31-9-2-133.1); and
7 (2) the child needs care, treatment, or rehabilitation that:
8 (A) the child is not receiving; and
9 (B) is unlikely to be provided or accepted without the coercive
10 intervention of the court.
11 (b) A child is considered a victim of human or sexual trafficking
12 regardless of whether the child consented to the conduct described in
13 subsection (a)(1).
14 (c) Before or at the initial hearing described in IC 31-34-10-2,
15 the court shall appoint an attorney for the child under this section.
16 SECTION 2. IC 31-34-10-7, AS AMENDED BY P.L.46-2016,
17 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2024	IN 1150—LS 6519/DI 119 2
1 JULY 1, 2024]: Sec. 7. (a) If a petition alleges that the child is a child
2 in need of services under IC 31-34-1-6, or IC 31-34-1-3.5, the juvenile
3 court shall determine whether the child admits or denies the
4 allegations. A failure to respond constitutes a denial.
5 (b) If a petition alleges that a child is a child in need of services
6 under IC 31-34-1-3.5, the juvenile court shall make a
7 determination on the petition and the child shall not be required to
8 admit or deny the allegation. The petitioner must prove the
9 allegation by a preponderance of the evidence.
2024	IN 1150—LS 6519/DI 119