Indiana 2024 Regular Session

Indiana House Bill HB1310 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	EH1310.1
	2	+	February 20, 2024
	3	+	ENGROSSED
	4	+	HOUSE BILL No. 1310
	5	+	_____
	6	+	DIGEST OF HB 1310 (Updated February 19, 2024 9:34 am - DI 140)
	7	+	Citations Affected: IC 31-34; IC 31-35.
	8	+	Synopsis: Children in need of services. Provides that if a child has
	9	+	been removed from the child's parent for at least 12 of the most recent
	10	+	22 months at the time of a periodic case review, the child's permanency
	11	+	plan must include at least one intended permanent or long term
	12	+	arrangement for care and custody of the child other than reunification
	13	+	of the child with the child's parent, guardian, or custodian. Provides
	14	+	that concurrent planning must be implemented if the child has been
	15	+	removed from the child's parent for at least 12 of the most recent 22
	16	+	months at the time of a permanency hearing. Provides that the
	17	+	department may not: (1) take adverse action against a foster parent's
	18	+	license; or (2) remove a child from the home of a foster parent, relative
	19	+	of the child, or de facto custodian; on the basis of the foster parent,
	20	+	relative, or de facto custodian filing a notice with the court that a
	21	+	petition is required to be filed, but has not been filed, to terminate the
	22	+	parent-child relationship with regard to the child.
	23	+	Effective: Upon passage.
	24	+	Lauer, Olthoff, Goss-Reaves,
	25	+	Jackson
	26	+	(SENATE SPONSORS — WALKER G, JOHNSON T, GASKILL, DONATO,
	27	+	FORD J.D., ROGERS)
	28	+	January 10, 2024, read first time and referred to Committee on Family, Children and
	29	+	Human Affairs.
	30	+	January 25, 2024, amended, reported — Do Pass.
	31	+	January 29, 2024, read second time, amended, ordered engrossed.
	32	+	January 30, 2024, engrossed. Read third time, passed. Yeas 92, nays 0.
	33	+	SENATE ACTION
	34	+	February 7, 2024, read first time and referred to Committee on Family and Children
	35	+	Services.
	36	+	February 19, 2024, reported favorably — Do Pass.
	37	+	EH 1310—LS 7045/DI 119 February 20, 2024
1	38		Second Regular Session of the 123rd General Assembly (2024)
2	39		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	40		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	41		additions will appear in this style type, and deletions will appear in this style type.
5	42		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	43		provision adopted), the text of the new provision will appear in this style type. Also, the
7	44		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	45		a new provision to the Indiana Code or the Indiana Constitution.
9	46		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	47		between statutes enacted by the 2023 Regular Session of the General Assembly.
11		-	HOUSE ENROLLED ACT No. 1310
12		-	AN ACT to amend the Indiana Code concerning family law and
13		-	juvenile law.
	48	+	ENGROSSED
	49	+	HOUSE BILL No. 1310
	50	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	51	+	family law and juvenile law.
14	52		Be it enacted by the General Assembly of the State of Indiana:
15		-	SECTION 1. IC 31-34-21-5, AS AMENDED BY P.L.156-2020,
16		-	SECTION 118, IS AMENDED TO READ AS FOLLOWS
17		-	[EFFECTIVE UPON PASSAGE]: Sec. 5. (a) Subject to subsection
18		-	(c), the court shall determine:
19		-	(1) whether the child's case plan, services, and placement meet
20		-	the special needs and best interests of the child;
21		-	(2) whether the department has made reasonable efforts to
22		-	provide family services; and
23		-	(3) a projected date for the child's return home, the child's
24		-	adoption placement, the child's emancipation, or the appointment
25		-	of a legal guardian for the child under section 7.5(c)(1)(D) of this
26		-	chapter.
27		-	(b) The determination of the court under subsection (a) must be
28		-	based on findings written after consideration of the following:
29		-	(1) Whether the department, the child, or the child's parent,
30		-	guardian, or custodian has complied with the child's case plan.
31		-	(2) Written documentation containing descriptions of:
32		-	(A) the family services that have been offered or provided to
33		-	the child or the child's parent, guardian, or custodian;
34		-	(B) the dates during which the family services were offered or
35		-	provided; and
36		-	HEA 1310 2
37		-	(C) the outcome arising from offering or providing the family
38		-	services.
39		-	(3) The extent of the efforts made by the department to offer and
40		-	provide family services.
41		-	(4) The extent to which the parent, guardian, or custodian has
42		-	enhanced the ability to fulfill parental obligations.
43		-	(5) The extent to which the parent, guardian, or custodian has
44		-	visited the child, including the reasons for infrequent visitation.
45		-	(6) The extent to which the parent, guardian, or custodian has
46		-	cooperated with the department.
47		-	(7) The child's recovery from any injuries suffered before
48		-	removal.
49		-	(8) Whether any additional services are required for the child or
50		-	the child's parent, guardian, or custodian and, if so, the nature of
51		-	those services.
52		-	(9) The extent to which the child has been rehabilitated.
53		-	(10) If the child is placed out-of-home, whether the child is in the
54		-	least restrictive, most family-like setting, and whether the child is
55		-	placed close to the home of the child's parent, guardian, or
56		-	custodian.
57		-	(11) The extent to which the causes for the child's out-of-home
58		-	placement or supervision have been alleviated.
59		-	(12) Whether current placement or supervision by the department
60		-	should be continued.
61		-	(13) The extent to which the child's parent, guardian, or custodian
62		-	has participated or has been given the opportunity to participate
63		-	in case planning, periodic case reviews, dispositional reviews,
64		-	placement of the child, and visitation.
65		-	(14) Whether the department has made reasonable efforts to
66		-	reunify or preserve a child's family unless reasonable efforts are
67		-	not required under section 5.6 of this chapter.
68		-	(15) Subject to subsection (c), whether it is an appropriate time
69		-	to prepare or implement a permanency plan for the child under
70		-	section 7.5 of this chapter.
71		-	(c) The permanency plan for a child who has, at the time of a
72		-	periodic case review or permanency hearing, been removed from
73		-	the child's parent for at least twelve (12) months of the most recent
74		-	twenty-two (22) months, must include at least one (1) intended
75		-	permanent or long term arrangement for care and custody of the
76		-	child under section 7.5(c) of this chapter other than reunification
77		-	of the child with the child's parent, guardian, or custodian.
78		-	SECTION 2. IC 31-34-21-7, AS AMENDED BY P.L.104-2015,
79		-	HEA 1310 3
	53	+	1 SECTION 1. IC 31-34-21-5, AS AMENDED BY P.L.156-2020,
	54	+	2 SECTION 118, IS AMENDED TO READ AS FOLLOWS
	55	+	3 [EFFECTIVE UPON PASSAGE]: Sec. 5. (a) Subject to subsection
	56	+	4 (c), the court shall determine:
	57	+	5 (1) whether the child's case plan, services, and placement meet
	58	+	6 the special needs and best interests of the child;
	59	+	7 (2) whether the department has made reasonable efforts to
	60	+	8 provide family services; and
	61	+	9 (3) a projected date for the child's return home, the child's
	62	+	10 adoption placement, the child's emancipation, or the appointment
	63	+	11 of a legal guardian for the child under section 7.5(c)(1)(D) of this
	64	+	12 chapter.
	65	+	13 (b) The determination of the court under subsection (a) must be
	66	+	14 based on findings written after consideration of the following:
	67	+	15 (1) Whether the department, the child, or the child's parent,
	68	+	16 guardian, or custodian has complied with the child's case plan.
	69	+	17 (2) Written documentation containing descriptions of:
	70	+	EH 1310—LS 7045/DI 119 2
	71	+	1 (A) the family services that have been offered or provided to
	72	+	2 the child or the child's parent, guardian, or custodian;
	73	+	3 (B) the dates during which the family services were offered or
	74	+	4 provided; and
	75	+	5 (C) the outcome arising from offering or providing the family
	76	+	6 services.
	77	+	7 (3) The extent of the efforts made by the department to offer and
	78	+	8 provide family services.
	79	+	9 (4) The extent to which the parent, guardian, or custodian has
	80	+	10 enhanced the ability to fulfill parental obligations.
	81	+	11 (5) The extent to which the parent, guardian, or custodian has
	82	+	12 visited the child, including the reasons for infrequent visitation.
	83	+	13 (6) The extent to which the parent, guardian, or custodian has
	84	+	14 cooperated with the department.
	85	+	15 (7) The child's recovery from any injuries suffered before
	86	+	16 removal.
	87	+	17 (8) Whether any additional services are required for the child or
	88	+	18 the child's parent, guardian, or custodian and, if so, the nature of
	89	+	19 those services.
	90	+	20 (9) The extent to which the child has been rehabilitated.
	91	+	21 (10) If the child is placed out-of-home, whether the child is in the
	92	+	22 least restrictive, most family-like setting, and whether the child is
	93	+	23 placed close to the home of the child's parent, guardian, or
	94	+	24 custodian.
	95	+	25 (11) The extent to which the causes for the child's out-of-home
	96	+	26 placement or supervision have been alleviated.
	97	+	27 (12) Whether current placement or supervision by the department
	98	+	28 should be continued.
	99	+	29 (13) The extent to which the child's parent, guardian, or custodian
	100	+	30 has participated or has been given the opportunity to participate
	101	+	31 in case planning, periodic case reviews, dispositional reviews,
	102	+	32 placement of the child, and visitation.
	103	+	33 (14) Whether the department has made reasonable efforts to
	104	+	34 reunify or preserve a child's family unless reasonable efforts are
	105	+	35 not required under section 5.6 of this chapter.
	106	+	36 (15) Subject to subsection (c), whether it is an appropriate time
	107	+	37 to prepare or implement a permanency plan for the child under
	108	+	38 section 7.5 of this chapter.
	109	+	39 (c) The permanency plan for a child who has, at the time of a
	110	+	40 periodic case review or permanency hearing, been removed from
	111	+	41 the child's parent for at least twelve (12) months of the most recent
	112	+	42 twenty-two (22) months, must include at least one (1) intended
	113	+	EH 1310—LS 7045/DI 119 3
	114	+	1 permanent or long term arrangement for care and custody of the
	115	+	2 child under section 7.5(c) of this chapter other than reunification
	116	+	3 of the child with the child's parent, guardian, or custodian.
	117	+	4 SECTION 2. IC 31-34-21-7, AS AMENDED BY P.L.104-2015,
	118	+	5 SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	119	+	6 UPON PASSAGE]: Sec. 7. (a) The court shall hold a permanency
	120	+	7 hearing:
	121	+	8 (1) not more than thirty (30) days after a court finds that
	122	+	9 reasonable efforts to reunify or preserve a child's family are not
	123	+	10 required as described in section 5.6 of this chapter;
	124	+	11 (2) every twelve (12) months after:
	125	+	12 (A) the date of the original dispositional decree; or
	126	+	13 (B) a child in need of services was removed from the child's
	127	+	14 parent, guardian, or custodian;
	128	+	15 whichever comes first; or
	129	+	16 (3) more often if ordered by the juvenile court.
	130	+	17 (b) The court shall:
	131	+	18 (1) make the determination and findings required by section 5 of
	132	+	19 this chapter;
	133	+	20 (2) consider the question of continued jurisdiction and whether
	134	+	21 the dispositional decree should be modified;
	135	+	22 (3) consider recommendations of persons listed under section 4
	136	+	23 of this chapter, before approving a permanency plan under
	137	+	24 subdivision (5);
	138	+	25 (4) consult with the child in person, or through an interview with
	139	+	26 or written statement or report submitted by:
	140	+	27 (A) a guardian ad litem or court appointed special advocate for
	141	+	28 the child;
	142	+	29 (B) a case manager; or
	143	+	30 (C) the person with whom the child is living and who has
	144	+	31 primary responsibility for the care and supervision of the
	145	+	32 child;
	146	+	33 in an age appropriate manner as determined by the court,
	147	+	34 regarding the proposed permanency plan;
	148	+	35 (5) consider and approve a permanency plan for the child:
	149	+	36 (A) that complies with the requirements set forth in section 7.5
	150	+	37 of this chapter; and
	151	+	38 (B) if the child has, at the time of the permanency hearing,
	152	+	39 been removed from the child's parent for at least twelve
	153	+	40 (12) months of the most recent twenty-two (22) months,
	154	+	41 that includes at least one (1) intended permanent or long
	155	+	42 term arrangement for care and custody of the child under
	156	+	EH 1310—LS 7045/DI 119 4
	157	+	1 section 7.5(c) of this chapter other than reunification of the
	158	+	2 child with the child's parent, guardian, or custodian;
	159	+	3 (6) determine whether an existing permanency plan must be
	160	+	4 modified; and
	161	+	5 (7) examine procedural safeguards used by the department to
	162	+	6 protect parental rights.
	163	+	7 (c) If the child is at least sixteen (16) years of age and the proposed
	164	+	8 permanency plan provides for another planned permanent living
	165	+	9 arrangement, the court shall, at each permanency hearing, do all the
	166	+	10 following:
	167	+	11 (1) Require the department to provide notice of the permanency
	168	+	12 hearing to the child, in accordance with section 4(a) of this
	169	+	13 chapter.
	170	+	14 (2) Provide to the child an opportunity to be heard and to make
	171	+	15 recommendations to the court, in accordance with section 4(d) of
	172	+	16 this chapter.
	173	+	17 (3) Require the department to document or provide testimony
	174	+	18 regarding the intensive, ongoing, and, as of the date of the
	175	+	19 hearing, unsuccessful efforts made by the department to return the
	176	+	20 child home or secure a placement for the child with a fit and
	177	+	21 willing relative, legal guardian, or adoptive parent, including
	178	+	22 efforts through the use of search technology, such as social media,
	179	+	23 to find biological or adoptive family members for the child.
	180	+	24 (4) Ask the child about the desired permanency outcome for the
	181	+	25 child and document the child's response.
	182	+	26 (5) Make a judicial determination explaining why, as of the date
	183	+	27 of the hearing, another planned permanent living arrangement is
	184	+	28 the best permanency plan for the child and provide compelling
	185	+	29 reasons why it continues to not be in the best interests of the child
	186	+	30 to:
	187	+	31 (A) return home;
	188	+	32 (B) be placed for adoption;
	189	+	33 (C) be placed with a legal guardian; or
	190	+	34 (D) be placed with a fit and willing relative.
	191	+	35 (6) Require the department to document or provide testimony
	192	+	36 regarding the steps the department is taking to ensure that:
	193	+	37 (A) the child's foster family home, group home, secure private
	194	+	38 facility, or child caring institution is following the reasonable
	195	+	39 and prudent parent standard; and
	196	+	40 (B) the child has regular, ongoing opportunities to engage in
	197	+	41 age or developmentally appropriate activities, including
	198	+	42 consulting with the child in an age appropriate manner about
	199	+	EH 1310—LS 7045/DI 119 5
	200	+	1 the opportunities for the child to participate in the activities.
	201	+	2 (d) There is a rebuttable presumption that jurisdiction over the child
	202	+	3 in a child in need of services proceeding continues for not longer than
	203	+	4 twelve (12) months after the date of the original dispositional decree or
	204	+	5 twelve (12) months after the child in need of services was removed
	205	+	6 from the child's parent, guardian, or custodian, whichever occurs first.
	206	+	7 The state may rebut the presumption and show that jurisdiction should
	207	+	8 continue by proving that the objectives of the dispositional decree have
	208	+	9 not been accomplished, that a continuation of the decree with or
	209	+	10 without any modifications is necessary, and that it is in the child's best
	210	+	11 interests for the court to maintain its jurisdiction over the child. If the
	211	+	12 department does not sustain its burden for continued jurisdiction, the
	212	+	13 court shall:
	213	+	14 (1) direct the department to establish a permanency plan within
	214	+	15 thirty (30) days; or
	215	+	16 (2) discharge the child and the child's parent, guardian, or
	216	+	17 custodian.
	217	+	18 The court may retain jurisdiction to the extent necessary to carry out
	218	+	19 any orders under subdivision (1).
	219	+	20 SECTION 3. IC 31-35-2-4.5, AS AMENDED BY P.L.156-2020,
	220	+	21 SECTION 120, IS AMENDED TO READ AS FOLLOWS
	221	+	22 [EFFECTIVE UPON PASSAGE]: Sec. 4.5. (a) This section applies if:
	222	+	23 (1) a court has made a finding under IC 31-34-21-5.6 that
	223	+	24 reasonable efforts for family preservation or reunification with
	224	+	25 respect to a child in need of services are not required; or
	225	+	26 (2) a child in need of services or a delinquent child:
	226	+	27 (A) has been placed in:
	227	+	28 (i) a foster family home, child caring institution, or group
	228	+	29 home licensed under IC 31-27; or
	229	+	30 (ii) the home of a relative (as defined in IC 31-9-2-107(c));
	230	+	31 as directed by a court in a child in need of services proceeding
	231	+	32 under IC 31-34 or a delinquency action under IC 31-37; and
	232	+	33 (B) has been removed from a parent and has been under the
	233	+	34 supervision of the department or county probation department
	234	+	35 for not less than fifteen (15) months of the most recent
	235	+	36 twenty-two (22) months, beginning with the date the child is
	236	+	37 removed from the home as a result of the child being alleged
	237	+	38 to be a child in need of services or a delinquent child.
	238	+	39 (b) A person described in section 4(a) of this chapter shall:
	239	+	40 (1) file a petition to terminate the parent-child relationship under
	240	+	41 section 4 of this chapter; and
	241	+	42 (2) request that the petition be set for hearing.
	242	+	EH 1310—LS 7045/DI 119 6
	243	+	1 (c) If a petition under subsection (b) is filed by the child's court
	244	+	2 appointed special advocate or guardian ad litem, the department shall
	245	+	3 be joined as a party to the petition.
	246	+	4 (d) A person described in section 4(a) of this chapter may file a
	247	+	5 motion to dismiss the petition to terminate the parent-child relationship
	248	+	6 if any of the following circumstances apply:
	249	+	7 (1) That the current case plan prepared by or under the
	250	+	8 supervision of the department or the probation department under
	251	+	9 IC 31-34-15, IC 31-37-19-1.5, or IC 31-37-22-4.5 has
	252	+	10 documented a compelling reason, based on facts and
	253	+	11 circumstances stated in the petition or motion, for concluding that
	254	+	12 filing, or proceeding to a final determination of, a petition to
	255	+	13 terminate the parent-child relationship is not in the best interests
	256	+	14 of the child. A compelling reason may include the fact that the
	257	+	15 child is being cared for by a custodian who is a relative (as
	258	+	16 defined in IC 31-9-2-107(c)).
	259	+	17 (2) That:
	260	+	18 (A) IC 31-34-21-5.6 is not applicable to the child;
	261	+	19 (B) the department or the probation department has not
	262	+	20 provided family services to the child, parent, or family of the
	263	+	21 child in accordance with a currently effective case plan
	264	+	22 prepared under IC 31-34-15 or IC 31-37-19-1.5 or a
	265	+	23 permanency plan or dispositional decree approved under
	266	+	24 IC 31-34 or IC 31-37, for the purpose of permitting and
	267	+	25 facilitating safe return of the child to the child's home; and
	268	+	26 (C) the period for completion of the program of family
	269	+	27 services, as specified in the current case plan, permanency
	270	+	28 plan, or decree, has not expired.
	271	+	29 (3) That:
	272	+	30 (A) IC 31-34-21-5.6 is not applicable to the child;
	273	+	31 (B) the department has not provided family services to the
	274	+	32 child, parent, or family of the child, in accordance with
	275	+	33 applicable provisions of a currently effective case plan
	276	+	34 prepared under IC 31-34-15 or IC 31-37-19-1.5, or a
	277	+	35 permanency plan or dispositional decree approved under
	278	+	36 IC 31-34 or IC 31-37; and
	279	+	37 (C) the services that the department has not provided are
	280	+	38 substantial and material in relation to implementation of a plan
	281	+	39 to permit safe return of the child to the child's home.
	282	+	40 (4) Subject to subsection (f), that:
	283	+	41 (A) the parent is incarcerated or the parent's prior incarceration
	284	+	42 is a significant factor in the child having been under the
	285	+	EH 1310—LS 7045/DI 119 7
	286	+	1 supervision of the department or a county probation
	287	+	2 department for at least fifteen (15) of the most recent
	288	+	3 twenty-two (22) months;
	289	+	4 (B) the parent maintains a meaningful role in the child's life;
	290	+	5 and
	291	+	6 (C) the department has not documented a reason to conclude
	292	+	7 that it would otherwise be in the child's best interests to
	293	+	8 terminate the parent-child relationship.
	294	+	9 The motion to dismiss shall specify which of the allegations described
	295	+	10 in subdivisions (1) through (4) apply to the motion. If the court finds
	296	+	11 that any of the allegations described in subdivisions (1) through (4) are
	297	+	12 true, as established by a preponderance of the evidence, the court shall
	298	+	13 dismiss the petition to terminate the parent-child relationship. In
	299	+	14 determining whether to dismiss a petition to terminate a parent-child
	300	+	15 relationship pursuant to a motion to dismiss that specifies allegations
	301	+	16 described in subdivision (4), the court may consider the length of time
	302	+	17 remaining in the incarcerated parent's sentence and any other factor the
	303	+	18 court considers relevant.
	304	+	19 (e) If:
	305	+	20 (1) a child in need of services or a delinquent child has been
	306	+	21 removed from a parent and has been under the supervision of the
	307	+	22 department or county probation department for not less than
	308	+	23 fifteen (15) months of the most recent twenty-two (22) months,
	309	+	24 beginning with the date the child is removed from the home as a
	310	+	25 result of the child being alleged to be a child in need of services
	311	+	26 or a delinquent child; and
	312	+	27 (2) a petition to terminate the parent-child relationship has not
	313	+	28 been filed by the department or another person described in
	314	+	29 section 4(a) of this chapter;
	315	+	30 a foster parent, relative of the child, or de facto custodian with whom
	316	+	31 the child has been placed for at least six (6) months may file a notice
	317	+	32 with the court that the petition to terminate the parent-child relationship
	318	+	33 has not been filed as required under subsection (b). Upon the filing of
	319	+	34 the notice, if the petition to terminate the parent-child relationship has
	320	+	35 not been filed, the court shall schedule a hearing within thirty (30)
	321	+	36 days.
	322	+	37 (f) Subsection (d)(4) does not apply if the person was incarcerated
	323	+	38 for any of the following:
	324	+	39 (1) A crime described in IC 31-35-3-4.
	325	+	40 (2) A crime of child abuse (as defined in IC 5-2-22-1).
	326	+	41 (3) Neglect of a dependent (IC 35-46-1-4) if:
	327	+	42 (A) the incarceration was for neglect of a dependent as a Level
	328	+	EH 1310—LS 7045/DI 119 8
	329	+	1 5 or above felony; and
	330	+	2 (B) the dependent would be the subject of the petition to
	331	+	3 terminate the parent-child relationship.
	332	+	4 (g) The department may not:
	333	+	5 (1) take adverse action against a foster parent's license under
	334	+	6 IC 31-27-4; or
	335	+	7 (2) remove a child from the home of a foster parent, relative
	336	+	8 of the child, or de facto custodian;
	337	+	9 on the basis of the foster parent, relative, or de facto custodian
	338	+	10 filing a notice with the court under subsection (e).
	339	+	11 SECTION 4. An emergency is declared for this act.
	340	+	EH 1310—LS 7045/DI 119 9
	341	+	COMMITTEE REPORT
	342	+	Mr. Speaker: Your Committee on Family, Children and Human
	343	+	Affairs, to which was referred House Bill 1310, has had the same under
	344	+	consideration and begs leave to report the same back to the House with
	345	+	the recommendation that said bill be amended as follows:
	346	+	Page 2, line 36, delete "Whether" and insert "Subject to subsection
	347	+	(c), whether".
	348	+	Page 2, line 38, delete "case" and insert "permanency".
	349	+	Page 2, line 39, delete "review," and insert "review or permanency
	350	+	hearing,".
	351	+	Page 2, line 42, after "child" insert "under section 7.5(c) of this
	352	+	chapter".
	353	+	Page 3, between lines 2 and 3, begin a new paragraph and insert:
	354	+	"SECTION 2. IC 31-34-21-7, AS AMENDED BY P.L.104-2015,
80	355		SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
81		-	UPON PASSAGE]: Sec. 7. (a) The court shall hold a permanency
82		-	hearing:
	356	+	JULY 1, 2024]: Sec. 7. (a) The court shall hold a permanency hearing:
83	357		(1) not more than thirty (30) days after a court finds that
84	358		reasonable efforts to reunify or preserve a child's family are not
85	359		required as described in section 5.6 of this chapter;
86	360		(2) every twelve (12) months after:
87	361		(A) the date of the original dispositional decree; or
88	362		(B) a child in need of services was removed from the child's
89	363		parent, guardian, or custodian;
90	364		whichever comes first; or
91	365		(3) more often if ordered by the juvenile court.
92	366		(b) The court shall:
93	367		(1) make the determination and findings required by section 5 of
94	368		this chapter;
95	369		(2) consider the question of continued jurisdiction and whether
96	370		the dispositional decree should be modified;
97	371		(3) consider recommendations of persons listed under section 4
98	372		of this chapter, before approving a permanency plan under
99	373		subdivision (5);
100	374		(4) consult with the child in person, or through an interview with
101	375		or written statement or report submitted by:
102	376		(A) a guardian ad litem or court appointed special advocate for
103	377		the child;
104	378		(B) a case manager; or
105	379		(C) the person with whom the child is living and who has
106	380		primary responsibility for the care and supervision of the
107	381		child;
	382	+	EH 1310—LS 7045/DI 119 10
108	383		in an age appropriate manner as determined by the court,
109	384		regarding the proposed permanency plan;
110	385		(5) consider and approve a permanency plan for the child:
111	386		(A) that complies with the requirements set forth in section 7.5
112	387		of this chapter; and
113	388		(B) if the child has, at the time of the permanency hearing,
114	389		been removed from the child's parent for at least twelve
115	390		(12) months of the most recent twenty-two (22) months,
116	391		that includes at least one (1) intended permanent or long
117	392		term arrangement for care and custody of the child under
118	393		section 7.5(c) of this chapter other than reunification of the
119	394		child with the child's parent, guardian, or custodian;
120	395		(6) determine whether an existing permanency plan must be
121	396		modified; and
122		-	HEA 1310 4
123	397		(7) examine procedural safeguards used by the department to
124	398		protect parental rights.
125	399		(c) If the child is at least sixteen (16) years of age and the proposed
126	400		permanency plan provides for another planned permanent living
127	401		arrangement, the court shall, at each permanency hearing, do all the
128	402		following:
129	403		(1) Require the department to provide notice of the permanency
130	404		hearing to the child, in accordance with section 4(a) of this
131	405		chapter.
132	406		(2) Provide to the child an opportunity to be heard and to make
133	407		recommendations to the court, in accordance with section 4(d) of
134	408		this chapter.
135	409		(3) Require the department to document or provide testimony
136	410		regarding the intensive, ongoing, and, as of the date of the
137	411		hearing, unsuccessful efforts made by the department to return the
138	412		child home or secure a placement for the child with a fit and
139	413		willing relative, legal guardian, or adoptive parent, including
140	414		efforts through the use of search technology, such as social media,
141	415		to find biological or adoptive family members for the child.
142	416		(4) Ask the child about the desired permanency outcome for the
143	417		child and document the child's response.
144	418		(5) Make a judicial determination explaining why, as of the date
145	419		of the hearing, another planned permanent living arrangement is
146	420		the best permanency plan for the child and provide compelling
147	421		reasons why it continues to not be in the best interests of the child
148	422		to:
149	423		(A) return home;
150	424		(B) be placed for adoption;
	425	+	EH 1310—LS 7045/DI 119 11
151	426		(C) be placed with a legal guardian; or
152	427		(D) be placed with a fit and willing relative.
153	428		(6) Require the department to document or provide testimony
154	429		regarding the steps the department is taking to ensure that:
155	430		(A) the child's foster family home, group home, secure private
156	431		facility, or child caring institution is following the reasonable
157	432		and prudent parent standard; and
158	433		(B) the child has regular, ongoing opportunities to engage in
159	434		age or developmentally appropriate activities, including
160	435		consulting with the child in an age appropriate manner about
161	436		the opportunities for the child to participate in the activities.
162	437		(d) There is a rebuttable presumption that jurisdiction over the child
163	438		in a child in need of services proceeding continues for not longer than
164	439		twelve (12) months after the date of the original dispositional decree or
165		-	HEA 1310 5
166	440		twelve (12) months after the child in need of services was removed
167	441		from the child's parent, guardian, or custodian, whichever occurs first.
168	442		The state may rebut the presumption and show that jurisdiction should
169	443		continue by proving that the objectives of the dispositional decree have
170	444		not been accomplished, that a continuation of the decree with or
171	445		without any modifications is necessary, and that it is in the child's best
172	446		interests for the court to maintain its jurisdiction over the child. If the
173	447		department does not sustain its burden for continued jurisdiction, the
174	448		court shall:
175	449		(1) direct the department to establish a permanency plan within
176	450		thirty (30) days; or
177	451		(2) discharge the child and the child's parent, guardian, or
178	452		custodian.
179	453		The court may retain jurisdiction to the extent necessary to carry out
180		-	any orders under subdivision (1).
181		-	SECTION 3. IC 31-35-2-4.5, AS AMENDED BY P.L.156-2020,
182		-	SECTION 120, IS AMENDED TO READ AS FOLLOWS
183		-	[EFFECTIVE UPON PASSAGE]: Sec. 4.5. (a) This section applies if:
184		-	(1) a court has made a finding under IC 31-34-21-5.6 that
185		-	reasonable efforts for family preservation or reunification with
186		-	respect to a child in need of services are not required; or
187		-	(2) a child in need of services or a delinquent child:
188		-	(A) has been placed in:
189		-	(i) a foster family home, child caring institution, or group
190		-	home licensed under IC 31-27; or
191		-	(ii) the home of a relative (as defined in IC 31-9-2-107(c));
192		-	as directed by a court in a child in need of services proceeding
193		-	under IC 31-34 or a delinquency action under IC 31-37; and
194		-	(B) has been removed from a parent and has been under the
195		-	supervision of the department or county probation department
196		-	for not less than fifteen (15) months of the most recent
197		-	twenty-two (22) months, beginning with the date the child is
198		-	removed from the home as a result of the child being alleged
199		-	to be a child in need of services or a delinquent child.
200		-	(b) A person described in section 4(a) of this chapter shall:
201		-	(1) file a petition to terminate the parent-child relationship under
202		-	section 4 of this chapter; and
203		-	(2) request that the petition be set for hearing.
204		-	(c) If a petition under subsection (b) is filed by the child's court
205		-	appointed special advocate or guardian ad litem, the department shall
206		-	be joined as a party to the petition.
207		-	(d) A person described in section 4(a) of this chapter may file a
208		-	HEA 1310 6
209		-	motion to dismiss the petition to terminate the parent-child relationship
210		-	if any of the following circumstances apply:
211		-	(1) That the current case plan prepared by or under the
212		-	supervision of the department or the probation department under
213		-	IC 31-34-15, IC 31-37-19-1.5, or IC 31-37-22-4.5 has
214		-	documented a compelling reason, based on facts and
215		-	circumstances stated in the petition or motion, for concluding that
216		-	filing, or proceeding to a final determination of, a petition to
217		-	terminate the parent-child relationship is not in the best interests
218		-	of the child. A compelling reason may include the fact that the
219		-	child is being cared for by a custodian who is a relative (as
220		-	defined in IC 31-9-2-107(c)).
221		-	(2) That:
222		-	(A) IC 31-34-21-5.6 is not applicable to the child;
223		-	(B) the department or the probation department has not
224		-	provided family services to the child, parent, or family of the
225		-	child in accordance with a currently effective case plan
226		-	prepared under IC 31-34-15 or IC 31-37-19-1.5 or a
227		-	permanency plan or dispositional decree approved under
228		-	IC 31-34 or IC 31-37, for the purpose of permitting and
229		-	facilitating safe return of the child to the child's home; and
230		-	(C) the period for completion of the program of family
231		-	services, as specified in the current case plan, permanency
232		-	plan, or decree, has not expired.
233		-	(3) That:
234		-	(A) IC 31-34-21-5.6 is not applicable to the child;
235		-	(B) the department has not provided family services to the
236		-	child, parent, or family of the child, in accordance with
237		-	applicable provisions of a currently effective case plan
238		-	prepared under IC 31-34-15 or IC 31-37-19-1.5, or a
239		-	permanency plan or dispositional decree approved under
240		-	IC 31-34 or IC 31-37; and
241		-	(C) the services that the department has not provided are
242		-	substantial and material in relation to implementation of a plan
243		-	to permit safe return of the child to the child's home.
244		-	(4) Subject to subsection (f), that:
245		-	(A) the parent is incarcerated or the parent's prior incarceration
246		-	is a significant factor in the child having been under the
247		-	supervision of the department or a county probation
248		-	department for at least fifteen (15) of the most recent
249		-	twenty-two (22) months;
250		-	(B) the parent maintains a meaningful role in the child's life;
251		-	HEA 1310 7
252		-	and
253		-	(C) the department has not documented a reason to conclude
254		-	that it would otherwise be in the child's best interests to
255		-	terminate the parent-child relationship.
256		-	The motion to dismiss shall specify which of the allegations described
257		-	in subdivisions (1) through (4) apply to the motion. If the court finds
258		-	that any of the allegations described in subdivisions (1) through (4) are
259		-	true, as established by a preponderance of the evidence, the court shall
260		-	dismiss the petition to terminate the parent-child relationship. In
261		-	determining whether to dismiss a petition to terminate a parent-child
262		-	relationship pursuant to a motion to dismiss that specifies allegations
263		-	described in subdivision (4), the court may consider the length of time
264		-	remaining in the incarcerated parent's sentence and any other factor the
265		-	court considers relevant.
266		-	(e) If:
267		-	(1) a child in need of services or a delinquent child has been
268		-	removed from a parent and has been under the supervision of the
269		-	department or county probation department for not less than
270		-	fifteen (15) months of the most recent twenty-two (22) months,
271		-	beginning with the date the child is removed from the home as a
272		-	result of the child being alleged to be a child in need of services
273		-	or a delinquent child; and
274		-	(2) a petition to terminate the parent-child relationship has not
275		-	been filed by the department or another person described in
276		-	section 4(a) of this chapter;
277		-	a foster parent, relative of the child, or de facto custodian with whom
278		-	the child has been placed for at least six (6) months may file a notice
279		-	with the court that the petition to terminate the parent-child relationship
280		-	has not been filed as required under subsection (b). Upon the filing of
281		-	the notice, if the petition to terminate the parent-child relationship has
282		-	not been filed, the court shall schedule a hearing within thirty (30)
283		-	days.
284		-	(f) Subsection (d)(4) does not apply if the person was incarcerated
285		-	for any of the following:
286		-	(1) A crime described in IC 31-35-3-4.
287		-	(2) A crime of child abuse (as defined in IC 5-2-22-1).
288		-	(3) Neglect of a dependent (IC 35-46-1-4) if:
289		-	(A) the incarceration was for neglect of a dependent as a Level
290		-	5 or above felony; and
291		-	(B) the dependent would be the subject of the petition to
292		-	terminate the parent-child relationship.
293		-	(g) The department may not:
294		-	HEA 1310 8
295		-	(1) take adverse action against a foster parent's license under
296		-	IC 31-27-4; or
297		-	(2) remove a child from the home of a foster parent, relative
298		-	of the child, or de facto custodian;
299		-	on the basis of the foster parent, relative, or de facto custodian
300		-	filing a notice with the court under subsection (e).
301		-	SECTION 4. An emergency is declared for this act.
302		-	HEA 1310 Speaker of the House of Representatives
303		-	President of the Senate
304		-	President Pro Tempore
305		-	Governor of the State of Indiana
306		-	Date: Time:
307		-	HEA 1310
	454	+	any orders under subdivision (1).".
	455	+	Renumber all SECTIONS consecutively.
	456	+	and when so amended that said bill do pass.
	457	+	(Reference is to HB 1310 as introduced.)
	458	+	DEVON
	459	+	Committee Vote: yeas 13, nays 0.
	460	+	EH 1310—LS 7045/DI 119 12
	461	+	HOUSE MOTION
	462	+	Mr. Speaker: I move that House Bill 1310 be amended to read as
	463	+	follows:
	464	+	Replace the effective dates in SECTIONS 1 through 3 with
	465	+	"[EFFECTIVE UPON PASSAGE]".
	466	+	Page 8, after line 9, begin a new paragraph and insert:
	467	+	"SECTION 4. An emergency is declared for this act.".
	468	+	(Reference is to HB 1310 as printed January 25, 2024.)
	469	+	JACKSON
	470	+	_____
	471	+	COMMITTEE REPORT
	472	+	Madam President: The Senate Committee on Family and Children
	473	+	Services, to which was referred House Bill No. 1310, has had the same
	474	+	under consideration and begs leave to report the same back to the
	475	+	Senate with the recommendation that said bill DO PASS.
	476	+	(Reference is to HB 1310 as reprinted January 30, 2024.)
	477	+
	478	+	WALKER G, Chairperson
	479	+	Committee Vote: Yeas 8, Nays 0
	480	+	EH 1310—LS 7045/DI 119