Indiana 2024 Regular Session

Indiana House Bill HB1210 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1210
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 31-34.
7	7	Synopsis: Child in need of services. Provides that in order for the
8	8	child to be deemed a child in need of services (CHIN), the parent,
9	9	guardian, or custodian must consent to the care, treatment, or
10	10	rehabilitation for a child who substantially endangers the child's own
11	11	health. Requires the juvenile court to release a child who substantially
12	12	endangers the child's own health to the child's parent, guardian, or
13	13	custodian unless: (1) the juvenile court also finds the child to be a
14	14	CHIN for another reason; or (2) the parent, guardian, or custodian
15	15	consents to removal of the child from the child's home. Prohibits the
16	16	juvenile court from ordering that the child who substantially endangers
17	17	the child's own health be removed from the child's home unless: (1) the
18	18	juvenile court also finds the child to be a CHIN for another reason; or
19	19	(2) the parent, guardian, or custodian consents to removal of the child
20	20	from the child's home.
21	21	Effective: July 1, 2024.
22	22	Rowray
23	23	January 9, 2024, read first time and referred to Committee on Judiciary.
24	24	2024 IN 1210—LS 6948/DI 148 Introduced
25	25	Second Regular Session of the 123rd General Assembly (2024)
26	26	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
27	27	Constitution) is being amended, the text of the existing provision will appear in this style type,
28	28	additions will appear in this style type, and deletions will appear in this style type.
29	29	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
30	30	provision adopted), the text of the new provision will appear in this style type. Also, the
31	31	word NEW will appear in that style type in the introductory clause of each SECTION that adds
32	32	a new provision to the Indiana Code or the Indiana Constitution.
33	33	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
34	34	between statutes enacted by the 2023 Regular Session of the General Assembly.
35	35	HOUSE BILL No. 1210
36	36	A BILL FOR AN ACT to amend the Indiana Code concerning
37	37	family law and juvenile law.
38	38	Be it enacted by the General Assembly of the State of Indiana:
39	39	1 SECTION 1. IC 31-34-1-6, AS AMENDED BY P.L.2-2005,
40	40	2 SECTION 80, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41	41	3 JULY 1, 2024]: Sec. 6. A child is a child in need of services if before
42	42	4 the child becomes eighteen (18) years of age:
43	43	5 (1) the child substantially endangers the child's own health or the
44	44	6 health of another individual; and
45	45	7 (2) the child needs care, treatment, or rehabilitation that:
46	46	8 (A) the child is not receiving; and
47	47	9 (B) is unlikely to be provided or accepted without the coercive
48	48	10 intervention of the court.
49	49	11 SECTION 2. IC 31-34-1-6.5 IS ADDED TO THE INDIANA CODE
50	50	12 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
51	51	13 1, 2024]: Sec. 6.5. A child is a child in need of services if before the
52	52	14 child becomes eighteen (18) years of age:
53	53	15 (1) the child substantially endangers the child's own health;
54	54	16 and
55	55	17 (2) the child needs care, treatment, or rehabilitation:
56	56	2024 IN 1210—LS 6948/DI 148 2
57	57	1 (A) that the child is not receiving;
58	58	2 (B) that is unlikely to be provided or accepted without the
59	59	3 coercive intervention of the court; and
60	60	4 (C) to which the parent, guardian, or custodian consents.
61	61	5 SECTION 3. IC 31-34-5-3, AS AMENDED BY P.L.146-2008,
62	62	6 SECTION 580, IS AMENDED TO READ AS FOLLOWS
63	63	7 [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) The juvenile court shall
64	64	8 release the child to the child's parent, guardian, or custodian. However,
65	65	9 the court may order the child detained if the court makes written
66	66	10 findings of fact upon the record of probable cause to believe that the
67	67	11 child is a child in need of services and that:
68	68	12 (1) detention is necessary to protect the child;
69	69	13 (2) the child is unlikely to appear before the juvenile court for
70	70	14 subsequent proceedings;
71	71	15 (3) the child has a reasonable basis for requesting that the child
72	72	16 not be released;
73	73	17 (4) the parent, guardian, or custodian:
74	74	18 (A) cannot be located; or
75	75	19 (B) is unable or unwilling to take custody of the child; or
76	76	20 (5) consideration for the safety of the child precludes the use of
77	77	21 family services to prevent removal of the child.
78	78	22 (b) If the juvenile court makes written findings of fact on the
79	79	23 record of probable cause to believe that the child is a child in need
80	80	24 of services under IC 31-34-1-6.5, the juvenile court shall release the
81	81	25 child to the child's parent, guardian, or custodian unless the:
82	82	26 (1) juvenile court also makes a written finding of fact on the
83	83	27 record of probable cause to believe that the child is a child in
84	84	28 need of services under another section of IC 31-34-1; or
85	85	29 (2) parent, guardian, or custodian consents to the child being
86	86	30 removed from the child's home.
87	87	31 (b) (c) The juvenile court shall include in any order approving or
88	88	32 requiring detention of a child all findings and conclusions required
89	89	33 under:
90	90	34 (1) applicable provisions of Title IV-E of the federal Social
91	91	35 Security Act (42 U.S.C. 670 et seq.); or
92	92	36 (2) any applicable federal regulation, including 45 CFR 1356.21;
93	93	37 as a condition of eligibility of a child in need of services for assistance
94	94	38 under Title IV-E or any other federal law.
95	95	39 (c) (d) Inclusion in a juvenile court order of language approved and
96	96	40 recommended by the judicial conference of Indiana, in relation to:
97	97	41 (1) removal from the child's home; or
98	98	42 (2) detention;
99	99	2024 IN 1210—LS 6948/DI 148 3
100	100	1 of a child who is alleged to be, or adjudicated as, a child in need of
101	101	2 services constitutes compliance with subsection (b). (c).
102	102	3 SECTION 4. IC 31-34-20-1, AS AMENDED BY P.L.172-2022,
103	103	4 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
104	104	5 JULY 1, 2024]: Sec. 1. (a) Subject to this section and section 1.5 of this
105	105	6 chapter, if a child is a child in need of services, the juvenile court may
106	106	7 enter one (1) or more of the following dispositional decrees:
107	107	8 (1) Order supervision of the child by the department.
108	108	9 (2) Order the child to receive outpatient treatment:
109	109	10 (A) at a social service agency or a psychological, a psychiatric,
110	110	11 a medical, or an educational facility; or
111	111	12 (B) from an individual practitioner.
112	112	13 (3) Remove the child from the child's home and authorize the
113	113	14 department to place the child in another home, shelter care
114	114	15 facility, child caring institution, group home, or secure private
115	115	16 facility. Placement under this subdivision includes authorization
116	116	17 to control and discipline the child.
117	117	18 (4) Award wardship of the child to the department for
118	118	19 supervision, care, and placement.
119	119	20 (5) Partially or completely emancipate the child under section 6
120	120	21 of this chapter.
121	121	22 (6) Order the child's parent, guardian, or custodian to complete
122	122	23 services recommended by the department and approved by the
123	123	24 court under IC 31-34-18 and IC 31-34-19, which may include
124	124	25 services described in section 3(a) of this chapter.
125	125	26 (7) Order a person who is a party to refrain from direct or indirect
126	126	27 contact with the child.
127	127	28 (8) Order a perpetrator of child abuse or neglect to refrain from
128	128	29 returning to the child's residence.
129	129	30 (b) A juvenile court may not place a child in a home or facility that
130	130	31 is located outside Indiana unless:
131	131	32 (1) the placement is recommended or approved by the director of
132	132	33 the department or the director's designee; or
133	133	34 (2) the juvenile court makes written findings based on clear and
134	134	35 convincing evidence that:
135	135	36 (A) the out-of-state placement is appropriate because there is
136	136	37 not an equivalent facility with adequate services located in
137	137	38 Indiana;
138	138	39 (B) institutional care in the other jurisdiction is in the best
139	139	40 interest of the child and will not produce undue hardship; or
140	140	41 (C) the location of the home or facility is within a distance not
141	141	42 greater than fifty (50) miles from the county of residence of
142	142	2024 IN 1210—LS 6948/DI 148 4
143	143	1 the child.
144	144	2 (c) If the juvenile court finds the child to be a child in need of
145	145	3 services under IC 31-34-1-6.5, the court may not enter a
146	146	4 dispositional decree ordering removal of the child from the child's
147	147	5 home unless the:
148	148	6 (1) juvenile court also finds that the child is a child in need of
149	149	7 services under another section of IC 31-34-1; or
150	150	8 (2) parent, guardian, or custodian consents to the child being
151	151	9 removed from the child's home.
152	152	10 (c) (d) If a dispositional decree under this section:
153	153	11 (1) orders or approves removal of a child from the child's home or
154	154	12 awards wardship of the child to the department; and
155	155	13 (2) is the first juvenile court order in the child in need of services
156	156	14 proceeding that authorizes or approves removal of the child from
157	157	15 the child's parent, guardian, or custodian;
158	158	16 the juvenile court shall include in the decree the appropriate findings
159	159	17 and conclusions described in IC 31-34-5-3(b), and IC 31-34-5-3(c),
160	160	18 and IC 31-34-5-3(d).
161	161	2024 IN 1210—LS 6948/DI 148