*EH1310.1*
February 20, 2024
ENGROSSED
HOUSE BILL No. 1310
_____
DIGEST OF HB 1310 (Updated February 19, 2024 9:34 am - DI 140)
Citations Affected: IC 31-34; IC 31-35.
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 permanency
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 concurrent planning must be implemented if the child has been
removed from the child's parent for at least 12 of the most recent 22
months at the time of a permanency hearing. 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: Upon passage.
Lauer, Olthoff, Goss-Reaves,
Jackson
(SENATE SPONSORS — WALKER G, JOHNSON T, GASKILL, DONATO,
FORD J.D., ROGERS)
January 10, 2024, read first time and referred to Committee on Family, Children and
Human Affairs.
January 25, 2024, amended, reported — Do Pass.
January 29, 2024, read second time, amended, ordered engrossed.
January 30, 2024, engrossed. Read third time, passed. Yeas 92, nays 0.
SENATE ACTION
February 7, 2024, read first time and referred to Committee on Family and Children
Services.
February 19, 2024, reported favorably — Do Pass.
EH 1310—LS 7045/DI 119 February 20, 2024
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
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.
ENGROSSED
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 UPON PASSAGE]: Sec. 5. (a) Subject to subsection
4 (c), the 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:
EH 1310—LS 7045/DI 119 2
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) Subject to subsection (c), whether it is an appropriate time
37 to prepare or implement a permanency plan for the child under
38 section 7.5 of this chapter.
39 (c) The permanency plan for a child who has, at the time of a
40 periodic case review or permanency hearing, been removed from
41 the child's parent for at least twelve (12) months of the most recent
42 twenty-two (22) months, must include at least one (1) intended
EH 1310—LS 7045/DI 119 3
1 permanent or long term arrangement for care and custody of the
2 child under section 7.5(c) of this chapter other than reunification
3 of the child with the child's parent, guardian, or custodian.
4 SECTION 2. IC 31-34-21-7, AS AMENDED BY P.L.104-2015,
5 SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6 UPON PASSAGE]: Sec. 7. (a) The court shall hold a permanency
7 hearing:
8 (1) not more than thirty (30) days after a court finds that
9 reasonable efforts to reunify or preserve a child's family are not
10 required as described in section 5.6 of this chapter;
11 (2) every twelve (12) months after:
12 (A) the date of the original dispositional decree; or
13 (B) a child in need of services was removed from the child's
14 parent, guardian, or custodian;
15 whichever comes first; or
16 (3) more often if ordered by the juvenile court.
17 (b) The court shall:
18 (1) make the determination and findings required by section 5 of
19 this chapter;
20 (2) consider the question of continued jurisdiction and whether
21 the dispositional decree should be modified;
22 (3) consider recommendations of persons listed under section 4
23 of this chapter, before approving a permanency plan under
24 subdivision (5);
25 (4) consult with the child in person, or through an interview with
26 or written statement or report submitted by:
27 (A) a guardian ad litem or court appointed special advocate for
28 the child;
29 (B) a case manager; or
30 (C) the person with whom the child is living and who has
31 primary responsibility for the care and supervision of the
32 child;
33 in an age appropriate manner as determined by the court,
34 regarding the proposed permanency plan;
35 (5) consider and approve a permanency plan for the child:
36 (A) that complies with the requirements set forth in section 7.5
37 of this chapter; and
38 (B) if the child has, at the time of the permanency hearing,
39 been removed from the child's parent for at least twelve
40 (12) months of the most recent twenty-two (22) months,
41 that includes at least one (1) intended permanent or long
42 term arrangement for care and custody of the child under
EH 1310—LS 7045/DI 119 4
1 section 7.5(c) of this chapter other than reunification of the
2 child with the child's parent, guardian, or custodian;
3 (6) determine whether an existing permanency plan must be
4 modified; and
5 (7) examine procedural safeguards used by the department to
6 protect parental rights.
7 (c) If the child is at least sixteen (16) years of age and the proposed
8 permanency plan provides for another planned permanent living
9 arrangement, the court shall, at each permanency hearing, do all the
10 following:
11 (1) Require the department to provide notice of the permanency
12 hearing to the child, in accordance with section 4(a) of this
13 chapter.
14 (2) Provide to the child an opportunity to be heard and to make
15 recommendations to the court, in accordance with section 4(d) of
16 this chapter.
17 (3) Require the department to document or provide testimony
18 regarding the intensive, ongoing, and, as of the date of the
19 hearing, unsuccessful efforts made by the department to return the
20 child home or secure a placement for the child with a fit and
21 willing relative, legal guardian, or adoptive parent, including
22 efforts through the use of search technology, such as social media,
23 to find biological or adoptive family members for the child.
24 (4) Ask the child about the desired permanency outcome for the
25 child and document the child's response.
26 (5) Make a judicial determination explaining why, as of the date
27 of the hearing, another planned permanent living arrangement is
28 the best permanency plan for the child and provide compelling
29 reasons why it continues to not be in the best interests of the child
30 to:
31 (A) return home;
32 (B) be placed for adoption;
33 (C) be placed with a legal guardian; or
34 (D) be placed with a fit and willing relative.
35 (6) Require the department to document or provide testimony
36 regarding the steps the department is taking to ensure that:
37 (A) the child's foster family home, group home, secure private
38 facility, or child caring institution is following the reasonable
39 and prudent parent standard; and
40 (B) the child has regular, ongoing opportunities to engage in
41 age or developmentally appropriate activities, including
42 consulting with the child in an age appropriate manner about
EH 1310—LS 7045/DI 119 5
1 the opportunities for the child to participate in the activities.
2 (d) There is a rebuttable presumption that jurisdiction over the child
3 in a child in need of services proceeding continues for not longer than
4 twelve (12) months after the date of the original dispositional decree or
5 twelve (12) months after the child in need of services was removed
6 from the child's parent, guardian, or custodian, whichever occurs first.
7 The state may rebut the presumption and show that jurisdiction should
8 continue by proving that the objectives of the dispositional decree have
9 not been accomplished, that a continuation of the decree with or
10 without any modifications is necessary, and that it is in the child's best
11 interests for the court to maintain its jurisdiction over the child. If the
12 department does not sustain its burden for continued jurisdiction, the
13 court shall:
14 (1) direct the department to establish a permanency plan within
15 thirty (30) days; or
16 (2) discharge the child and the child's parent, guardian, or
17 custodian.
18 The court may retain jurisdiction to the extent necessary to carry out
19 any orders under subdivision (1).
20 SECTION 3. IC 31-35-2-4.5, AS AMENDED BY P.L.156-2020,
21 SECTION 120, IS AMENDED TO READ AS FOLLOWS
22 [EFFECTIVE UPON PASSAGE]: Sec. 4.5. (a) This section applies if:
23 (1) a court has made a finding under IC 31-34-21-5.6 that
24 reasonable efforts for family preservation or reunification with
25 respect to a child in need of services are not required; or
26 (2) a child in need of services or a delinquent child:
27 (A) has been placed in:
28 (i) a foster family home, child caring institution, or group
29 home licensed under IC 31-27; or
30 (ii) the home of a relative (as defined in IC 31-9-2-107(c));
31 as directed by a court in a child in need of services proceeding
32 under IC 31-34 or a delinquency action under IC 31-37; and
33 (B) has been removed from a parent and has been under the
34 supervision of the department or county probation department
35 for not less than fifteen (15) months of the most recent
36 twenty-two (22) months, beginning with the date the child is
37 removed from the home as a result of the child being alleged
38 to be a child in need of services or a delinquent child.
39 (b) A person described in section 4(a) of this chapter shall:
40 (1) file a petition to terminate the parent-child relationship under
41 section 4 of this chapter; and
42 (2) request that the petition be set for hearing.
EH 1310—LS 7045/DI 119 6
1 (c) If a petition under subsection (b) is filed by the child's court
2 appointed special advocate or guardian ad litem, the department shall
3 be joined as a party to the petition.
4 (d) A person described in section 4(a) of this chapter may file a
5 motion to dismiss the petition to terminate the parent-child relationship
6 if any of the following circumstances apply:
7 (1) That the current case plan prepared by or under the
8 supervision of the department or the probation department under
9 IC 31-34-15, IC 31-37-19-1.5, or IC 31-37-22-4.5 has
10 documented a compelling reason, based on facts and
11 circumstances stated in the petition or motion, for concluding that
12 filing, or proceeding to a final determination of, a petition to
13 terminate the parent-child relationship is not in the best interests
14 of the child. A compelling reason may include the fact that the
15 child is being cared for by a custodian who is a relative (as
16 defined in IC 31-9-2-107(c)).
17 (2) That:
18 (A) IC 31-34-21-5.6 is not applicable to the child;
19 (B) the department or the probation department has not
20 provided family services to the child, parent, or family of the
21 child in accordance with a currently effective case plan
22 prepared under IC 31-34-15 or IC 31-37-19-1.5 or a
23 permanency plan or dispositional decree approved under
24 IC 31-34 or IC 31-37, for the purpose of permitting and
25 facilitating safe return of the child to the child's home; and
26 (C) the period for completion of the program of family
27 services, as specified in the current case plan, permanency
28 plan, or decree, has not expired.
29 (3) That:
30 (A) IC 31-34-21-5.6 is not applicable to the child;
31 (B) the department has not provided family services to the
32 child, parent, or family of the child, in accordance with
33 applicable provisions of a currently effective case plan
34 prepared under IC 31-34-15 or IC 31-37-19-1.5, or a
35 permanency plan or dispositional decree approved under
36 IC 31-34 or IC 31-37; and
37 (C) the services that the department has not provided are
38 substantial and material in relation to implementation of a plan
39 to permit safe return of the child to the child's home.
40 (4) Subject to subsection (f), that:
41 (A) the parent is incarcerated or the parent's prior incarceration
42 is a significant factor in the child having been under the
EH 1310—LS 7045/DI 119 7
1 supervision of the department or a county probation
2 department for at least fifteen (15) of the most recent
3 twenty-two (22) months;
4 (B) the parent maintains a meaningful role in the child's life;
5 and
6 (C) the department has not documented a reason to conclude
7 that it would otherwise be in the child's best interests to
8 terminate the parent-child relationship.
9 The motion to dismiss shall specify which of the allegations described
10 in subdivisions (1) through (4) apply to the motion. If the court finds
11 that any of the allegations described in subdivisions (1) through (4) are
12 true, as established by a preponderance of the evidence, the court shall
13 dismiss the petition to terminate the parent-child relationship. In
14 determining whether to dismiss a petition to terminate a parent-child
15 relationship pursuant to a motion to dismiss that specifies allegations
16 described in subdivision (4), the court may consider the length of time
17 remaining in the incarcerated parent's sentence and any other factor the
18 court considers relevant.
19 (e) If:
20 (1) a child in need of services or a delinquent child has been
21 removed from a parent and has been under the supervision of the
22 department or county probation department for not less than
23 fifteen (15) months of the most recent twenty-two (22) months,
24 beginning with the date the child is removed from the home as a
25 result of the child being alleged to be a child in need of services
26 or a delinquent child; and
27 (2) a petition to terminate the parent-child relationship has not
28 been filed by the department or another person described in
29 section 4(a) of this chapter;
30 a foster parent, relative of the child, or de facto custodian with whom
31 the child has been placed for at least six (6) months may file a notice
32 with the court that the petition to terminate the parent-child relationship
33 has not been filed as required under subsection (b). Upon the filing of
34 the notice, if the petition to terminate the parent-child relationship has
35 not been filed, the court shall schedule a hearing within thirty (30)
36 days.
37 (f) Subsection (d)(4) does not apply if the person was incarcerated
38 for any of the following:
39 (1) A crime described in IC 31-35-3-4.
40 (2) A crime of child abuse (as defined in IC 5-2-22-1).
41 (3) Neglect of a dependent (IC 35-46-1-4) if:
42 (A) the incarceration was for neglect of a dependent as a Level
EH 1310—LS 7045/DI 119 8
1 5 or above felony; and
2 (B) the dependent would be the subject of the petition to
3 terminate the parent-child relationship.
4 (g) The department may not:
5 (1) take adverse action against a foster parent's license under
6 IC 31-27-4; or
7 (2) remove a child from the home of a foster parent, relative
8 of the child, or de facto custodian;
9 on the basis of the foster parent, relative, or de facto custodian
10 filing a notice with the court under subsection (e).
11 SECTION 4. An emergency is declared for this act.
EH 1310—LS 7045/DI 119 9
COMMITTEE REPORT
Mr. Speaker: Your Committee on Family, Children and Human
Affairs, to which was referred House Bill 1310, has had the same under
consideration and begs leave to report the same back to the House with
the recommendation that said bill be amended as follows:
Page 2, line 36, delete "Whether" and insert "Subject to subsection
(c), whether".
Page 2, line 38, delete "case" and insert "permanency".
Page 2, line 39, delete "review," and insert "review or permanency
hearing,".
Page 2, line 42, after "child" insert "under section 7.5(c) of this
chapter".
Page 3, between lines 2 and 3, begin a new paragraph and insert:
"SECTION 2. IC 31-34-21-7, AS AMENDED BY P.L.104-2015,
SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 7. (a) The court shall hold a permanency hearing:
(1) not more than thirty (30) days after a court finds that
reasonable efforts to reunify or preserve a child's family are not
required as described in section 5.6 of this chapter;
(2) every twelve (12) months after:
(A) the date of the original dispositional decree; or
(B) a child in need of services was removed from the child's
parent, guardian, or custodian;
whichever comes first; or
(3) more often if ordered by the juvenile court.
(b) The court shall:
(1) make the determination and findings required by section 5 of
this chapter;
(2) consider the question of continued jurisdiction and whether
the dispositional decree should be modified;
(3) consider recommendations of persons listed under section 4
of this chapter, before approving a permanency plan under
subdivision (5);
(4) consult with the child in person, or through an interview with
or written statement or report submitted by:
(A) a guardian ad litem or court appointed special advocate for
the child;
(B) a case manager; or
(C) the person with whom the child is living and who has
primary responsibility for the care and supervision of the
child;
EH 1310—LS 7045/DI 119 10
in an age appropriate manner as determined by the court,
regarding the proposed permanency plan;
(5) consider and approve a permanency plan for the child:
(A) that complies with the requirements set forth in section 7.5
of this chapter; and
(B) if the child has, at the time of the permanency hearing,
been removed from the child's parent for at least twelve
(12) months of the most recent twenty-two (22) months,
that includes at least one (1) intended permanent or long
term arrangement for care and custody of the child under
section 7.5(c) of this chapter other than reunification of the
child with the child's parent, guardian, or custodian;
(6) determine whether an existing permanency plan must be
modified; and
(7) examine procedural safeguards used by the department to
protect parental rights.
(c) If the child is at least sixteen (16) years of age and the proposed
permanency plan provides for another planned permanent living
arrangement, the court shall, at each permanency hearing, do all the
following:
(1) Require the department to provide notice of the permanency
hearing to the child, in accordance with section 4(a) of this
chapter.
(2) Provide to the child an opportunity to be heard and to make
recommendations to the court, in accordance with section 4(d) of
this chapter.
(3) Require the department to document or provide testimony
regarding the intensive, ongoing, and, as of the date of the
hearing, unsuccessful efforts made by the department to return the
child home or secure a placement for the child with a fit and
willing relative, legal guardian, or adoptive parent, including
efforts through the use of search technology, such as social media,
to find biological or adoptive family members for the child.
(4) Ask the child about the desired permanency outcome for the
child and document the child's response.
(5) Make a judicial determination explaining why, as of the date
of the hearing, another planned permanent living arrangement is
the best permanency plan for the child and provide compelling
reasons why it continues to not be in the best interests of the child
to:
(A) return home;
(B) be placed for adoption;
EH 1310—LS 7045/DI 119 11
(C) be placed with a legal guardian; or
(D) be placed with a fit and willing relative.
(6) Require the department to document or provide testimony
regarding the steps the department is taking to ensure that:
(A) the child's foster family home, group home, secure private
facility, or child caring institution is following the reasonable
and prudent parent standard; and
(B) the child has regular, ongoing opportunities to engage in
age or developmentally appropriate activities, including
consulting with the child in an age appropriate manner about
the opportunities for the child to participate in the activities.
(d) There is a rebuttable presumption that jurisdiction over the child
in a child in need of services proceeding continues for not longer than
twelve (12) months after the date of the original dispositional decree or
twelve (12) months after the child in need of services was removed
from the child's parent, guardian, or custodian, whichever occurs first.
The state may rebut the presumption and show that jurisdiction should
continue by proving that the objectives of the dispositional decree have
not been accomplished, that a continuation of the decree with or
without any modifications is necessary, and that it is in the child's best
interests for the court to maintain its jurisdiction over the child. If the
department does not sustain its burden for continued jurisdiction, the
court shall:
(1) direct the department to establish a permanency plan within
thirty (30) days; or
(2) discharge the child and the child's parent, guardian, or
custodian.
The court may retain jurisdiction to the extent necessary to carry out
any orders under subdivision (1).".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to HB 1310 as introduced.)
DEVON
Committee Vote: yeas 13, nays 0.
EH 1310—LS 7045/DI 119 12
HOUSE MOTION
Mr. Speaker: I move that House Bill 1310 be amended to read as
follows:
Replace the effective dates in SECTIONS 1 through 3 with
"[EFFECTIVE UPON PASSAGE]".
Page 8, after line 9, begin a new paragraph and insert:
"SECTION 4. An emergency is declared for this act.".
(Reference is to HB 1310 as printed January 25, 2024.)
JACKSON
_____
COMMITTEE REPORT
Madam President: The Senate Committee on Family and Children
Services, to which was referred House Bill No. 1310, has had the same
under consideration and begs leave to report the same back to the
Senate with the recommendation that said bill DO PASS.
(Reference is to HB 1310 as reprinted January 30, 2024.)
WALKER G, Chairperson
Committee Vote: Yeas 8, Nays 0
EH 1310—LS 7045/DI 119