Introduced Version
HOUSE BILL No. 1310
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 31-34-21-5; IC 31-35-2-4.5.
Synopsis: Children in need of services. Provides that if a child has
been removed from the child's parent for at least 12 of the most recent
22 months at the time of a periodic case review, the child's case plan
must include at least one intended permanent or long term arrangement
for care and custody of the child other than reunification of the child
with the child's parent, guardian, or custodian. Provides that the
department may not: (1) take adverse action against a foster parent's
license; or (2) remove a child from the home of a foster parent, relative
of the child, or de facto custodian; on the basis of the foster parent,
relative, or de facto custodian filing a notice with the court that a
petition is required to be filed, but has not been filed, to terminate the
parent-child relationship with regard to the child.
Effective: July 1, 2024.
Lauer
January 10, 2024, read first time and referred to Committee on Family, Children and
Human Affairs.
2024 IN 1310—LS 7045/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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between statutes enacted by the 2023 Regular Session of the General Assembly.
HOUSE BILL No. 1310
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 31-34-21-5, AS AMENDED BY P.L.156-2020,
2 SECTION 118, IS AMENDED TO READ AS FOLLOWS
3 [EFFECTIVE JULY 1, 2024]: Sec. 5. (a) Subject to subsection (c), the
4 court shall determine:
5 (1) whether the child's case plan, services, and placement meet
6 the special needs and best interests of the child;
7 (2) whether the department has made reasonable efforts to
8 provide family services; and
9 (3) a projected date for the child's return home, the child's
10 adoption placement, the child's emancipation, or the appointment
11 of a legal guardian for the child under section 7.5(c)(1)(D) of this
12 chapter.
13 (b) The determination of the court under subsection (a) must be
14 based on findings written after consideration of the following:
15 (1) Whether the department, the child, or the child's parent,
16 guardian, or custodian has complied with the child's case plan.
17 (2) Written documentation containing descriptions of:
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1 (A) the family services that have been offered or provided to
2 the child or the child's parent, guardian, or custodian;
3 (B) the dates during which the family services were offered or
4 provided; and
5 (C) the outcome arising from offering or providing the family
6 services.
7 (3) The extent of the efforts made by the department to offer and
8 provide family services.
9 (4) The extent to which the parent, guardian, or custodian has
10 enhanced the ability to fulfill parental obligations.
11 (5) The extent to which the parent, guardian, or custodian has
12 visited the child, including the reasons for infrequent visitation.
13 (6) The extent to which the parent, guardian, or custodian has
14 cooperated with the department.
15 (7) The child's recovery from any injuries suffered before
16 removal.
17 (8) Whether any additional services are required for the child or
18 the child's parent, guardian, or custodian and, if so, the nature of
19 those services.
20 (9) The extent to which the child has been rehabilitated.
21 (10) If the child is placed out-of-home, whether the child is in the
22 least restrictive, most family-like setting, and whether the child is
23 placed close to the home of the child's parent, guardian, or
24 custodian.
25 (11) The extent to which the causes for the child's out-of-home
26 placement or supervision have been alleviated.
27 (12) Whether current placement or supervision by the department
28 should be continued.
29 (13) The extent to which the child's parent, guardian, or custodian
30 has participated or has been given the opportunity to participate
31 in case planning, periodic case reviews, dispositional reviews,
32 placement of the child, and visitation.
33 (14) Whether the department has made reasonable efforts to
34 reunify or preserve a child's family unless reasonable efforts are
35 not required under section 5.6 of this chapter.
36 (15) Whether it is an appropriate time to prepare or implement a
37 permanency plan for the child under section 7.5 of this chapter.
38 (c) The case plan for a child who has, at the time of a periodic
39 case review, been removed from the child's parent for at least
40 twelve (12) months of the most recent twenty-two (22) months,
41 must include at least one (1) intended permanent or long term
42 arrangement for care and custody of the child other than
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1 reunification of the child with the child's parent, guardian, or
2 custodian.
3 SECTION 2. IC 31-35-2-4.5, AS AMENDED BY P.L.156-2020,
4 SECTION 120, IS AMENDED TO READ AS FOLLOWS
5 [EFFECTIVE JULY 1, 2024]: Sec. 4.5. (a) This section applies if:
6 (1) a court has made a finding under IC 31-34-21-5.6 that
7 reasonable efforts for family preservation or reunification with
8 respect to a child in need of services are not required; or
9 (2) a child in need of services or a delinquent child:
10 (A) has been placed in:
11 (i) a foster family home, child caring institution, or group
12 home licensed under IC 31-27; or
13 (ii) the home of a relative (as defined in IC 31-9-2-107(c));
14 as directed by a court in a child in need of services proceeding
15 under IC 31-34 or a delinquency action under IC 31-37; and
16 (B) has been removed from a parent and has been under the
17 supervision of the department or county probation department
18 for not less than fifteen (15) months of the most recent
19 twenty-two (22) months, beginning with the date the child is
20 removed from the home as a result of the child being alleged
21 to be a child in need of services or a delinquent child.
22 (b) A person described in section 4(a) of this chapter shall:
23 (1) file a petition to terminate the parent-child relationship under
24 section 4 of this chapter; and
25 (2) request that the petition be set for hearing.
26 (c) If a petition under subsection (b) is filed by the child's court
27 appointed special advocate or guardian ad litem, the department shall
28 be joined as a party to the petition.
29 (d) A person described in section 4(a) of this chapter may file a
30 motion to dismiss the petition to terminate the parent-child relationship
31 if any of the following circumstances apply:
32 (1) That the current case plan prepared by or under the
33 supervision of the department or the probation department under
34 IC 31-34-15, IC 31-37-19-1.5, or IC 31-37-22-4.5 has
35 documented a compelling reason, based on facts and
36 circumstances stated in the petition or motion, for concluding that
37 filing, or proceeding to a final determination of, a petition to
38 terminate the parent-child relationship is not in the best interests
39 of the child. A compelling reason may include the fact that the
40 child is being cared for by a custodian who is a relative (as
41 defined in IC 31-9-2-107(c)).
42 (2) That:
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1 (A) IC 31-34-21-5.6 is not applicable to the child;
2 (B) the department or the probation department has not
3 provided family services to the child, parent, or family of the
4 child in accordance with a currently effective case plan
5 prepared under IC 31-34-15 or IC 31-37-19-1.5 or a
6 permanency plan or dispositional decree approved under
7 IC 31-34 or IC 31-37, for the purpose of permitting and
8 facilitating safe return of the child to the child's home; and
9 (C) the period for completion of the program of family
10 services, as specified in the current case plan, permanency
11 plan, or decree, has not expired.
12 (3) That:
13 (A) IC 31-34-21-5.6 is not applicable to the child;
14 (B) the department has not provided family services to the
15 child, parent, or family of the child, in accordance with
16 applicable provisions of a currently effective case plan
17 prepared under IC 31-34-15 or IC 31-37-19-1.5, or a
18 permanency plan or dispositional decree approved under
19 IC 31-34 or IC 31-37; and
20 (C) the services that the department has not provided are
21 substantial and material in relation to implementation of a plan
22 to permit safe return of the child to the child's home.
23 (4) Subject to subsection (f), that:
24 (A) the parent is incarcerated or the parent's prior incarceration
25 is a significant factor in the child having been under the
26 supervision of the department or a county probation
27 department for at least fifteen (15) of the most recent
28 twenty-two (22) months;
29 (B) the parent maintains a meaningful role in the child's life;
30 and
31 (C) the department has not documented a reason to conclude
32 that it would otherwise be in the child's best interests to
33 terminate the parent-child relationship.
34 The motion to dismiss shall specify which of the allegations described
35 in subdivisions (1) through (4) apply to the motion. If the court finds
36 that any of the allegations described in subdivisions (1) through (4) are
37 true, as established by a preponderance of the evidence, the court shall
38 dismiss the petition to terminate the parent-child relationship. In
39 determining whether to dismiss a petition to terminate a parent-child
40 relationship pursuant to a motion to dismiss that specifies allegations
41 described in subdivision (4), the court may consider the length of time
42 remaining in the incarcerated parent's sentence and any other factor the
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1 court considers relevant.
2 (e) If:
3 (1) a child in need of services or a delinquent child has been
4 removed from a parent and has been under the supervision of the
5 department or county probation department for not less than
6 fifteen (15) months of the most recent twenty-two (22) months,
7 beginning with the date the child is removed from the home as a
8 result of the child being alleged to be a child in need of services
9 or a delinquent child; and
10 (2) a petition to terminate the parent-child relationship has not
11 been filed by the department or another person described in
12 section 4(a) of this chapter;
13 a foster parent, relative of the child, or de facto custodian with whom
14 the child has been placed for at least six (6) months may file a notice
15 with the court that the petition to terminate the parent-child relationship
16 has not been filed as required under subsection (b). Upon the filing of
17 the notice, if the petition to terminate the parent-child relationship has
18 not been filed, the court shall schedule a hearing within thirty (30)
19 days.
20 (f) Subsection (d)(4) does not apply if the person was incarcerated
21 for any of the following:
22 (1) A crime described in IC 31-35-3-4.
23 (2) A crime of child abuse (as defined in IC 5-2-22-1).
24 (3) Neglect of a dependent (IC 35-46-1-4) if:
25 (A) the incarceration was for neglect of a dependent as a Level
26 5 or above felony; and
27 (B) the dependent would be the subject of the petition to
28 terminate the parent-child relationship.
29 (g) The department may not:
30 (1) take adverse action against a foster parent's license under
31 IC 31-27-4; or
32 (2) remove a child from the home of a foster parent, relative
33 of the child, or de facto custodian;
34 on the basis of the foster parent, relative, or de facto custodian
35 filing a notice with the court under subsection (e).
2024 IN 1310—LS 7045/DI 119