Introduced Version
HOUSE BILL No. 1369
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 31-10-2-1.5; IC 31-34-12-4.5; IC 31-35-2-4.
Synopsis: Family and juvenile law matters. Provides that the
department of child services or a court shall consider ensuring the
child's safety to be the most important consideration in the
determination of a child's best interests under family and juvenile law.
Provides that there is a rebuttable presumption that a child is a child in
need of services if the state establishes that the child lives in the same
household as an adult who was a perpetrator of a child fatality or near
fatality that may have been the result of abuse, abandonment, or
neglect. Amends the circumstances under which a court may terminate
the parent-child relationship with regard to a child in need of services.
Effective: July 1, 2024.
McGuire, Jeter, Steuerwald,
Goss-Reaves
January 10, 2024, read first time and referred to Committee on Judiciary.
2024 IN 1369—LS 7031/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
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.
HOUSE BILL No. 1369
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 31-10-2-1.5 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2024]: Sec. 1.5. The department or a court shall consider
4 ensuring the child's safety to be the most important consideration
5 in the determination of a child's best interests under this title.
6 SECTION 2. IC 31-34-12-4.5, AS AMENDED BY P.L.71-2018,
7 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8 JULY 1, 2024]: Sec. 4.5. (a) There is a rebuttable presumption that a
9 child is a child in need of services if the state establishes that the child
10 lives in the same household as an adult who:
11 (1) committed an offense described in IC 31-34-1-2,
12 IC 31-34-1-3, or IC 31-34-1-3.5 against a child and the offense
13 resulted in a conviction or a judgment under IC 31-34-11-2; or
14 (2) has been charged with an offense described in IC 31-34-1-2,
15 IC 31-34-1-3, or IC 31-34-1-3.5 against a child and is awaiting
16 trial; or
17 (3) was a perpetrator of a child fatality or near fatality as
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1 described by IC 31-33-18-1.5.
2 (b) The following may not be used as grounds to rebut the
3 presumption under subsection (a):
4 (1) The child who is the victim of the offense described in
5 IC 31-34-1-2 or IC 31-34-1-3 is not genetically related to the adult
6 who committed the act, but the child presumed to be the child in
7 need of services under this section is genetically related to the
8 adult who committed the act.
9 (2) The child who is the victim of the offense described in
10 IC 31-34-1-2 or IC 31-34-1-3 differs in age from the child
11 presumed to be the child in need of services under this section.
12 (c) This section does not affect the ability to take a child into
13 custody or emergency custody under IC 31-34-2 if the act of taking the
14 child into custody or emergency custody is not based upon a
15 presumption established under this section. However, if the
16 presumption established under this section is the sole basis for taking
17 a child into custody or emergency custody under IC 31-34-2, the court
18 first must find cause to take the child into custody or emergency
19 custody following a hearing in which the parent, guardian, or custodian
20 of the child is accorded the rights described in IC 31-34-4-6(a)(2)
21 through IC 31-34-4-6(a)(5).
22 SECTION 3. IC 31-35-2-4, AS AMENDED BY P.L.258-2019,
23 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
24 JULY 1, 2024]: Sec. 4. (a) A petition to terminate the parent-child
25 relationship involving a child adjudicated as a delinquent child or a
26 child in need of services may be signed and filed with the juvenile or
27 probate court by any of the following:
28 (1) The attorney for the department.
29 (2) The child's court appointed special advocate.
30 (3) The child's guardian ad litem.
31 (b) The A petition must meet the following requirements: filed
32 under subsection (a)
33 (1) The petition must be entitled "In the Matter of the Termination
34 of the Parent-Child Relationship of ___________, a child, and
35 ____________, the child's parent (or parents)".
36 (2) The (c) A petition filed under subsection (a) must allege:
37 (1) the existence of one (1) or more of the circumstances
38 described in subsection (d);
39 (2) that there is a satisfactory plan for care and treatment of
40 the child; and
41 (3) that termination of the parent-child relationship is in the
42 child's best interests.
2024 IN 1369—LS 7031/DI 119 3
1 (d) A petition filed under subsection (a) must allege the existence
2 of one (1) or more of the following circumstances:
3 (A) (1) That one (1) of the following is true:
4 (i) The child has been removed from the parent for at least
5 six (6) months under a dispositional decree.
6 (ii) a court has entered a finding under IC 31-34-21-5.6 that
7 reasonable efforts for family preservation or reunification
8 are not required, including a description of the court's
9 finding, the date of the finding, and the manner in which the
10 finding was made.
11 (iii) (2) That:
12 (A) the child has been removed from the parent and has been
13 under the supervision of a local office or probation department
14 for at least fifteen (15) months of the most recent twenty-two
15 (22) months, beginning with the date the child is removed
16 from the home as a result of the child being alleged to be a
17 child in need of services or a delinquent child; and
18 (B) that one (1) of the following is true: despite the
19 department's reasonable efforts to preserve and reunify
20 the child's family under IC 31-34-21-5.5, the parent has
21 been unable to remedy the circumstances that resulted in
22 the child being placed in care outside the parent's home.
23 (i) (3) That there is a reasonable probability that the conditions
24 that resulted in the child's removal or the reasons for placement
25 outside the home of the parents will not be remedied.
26 (ii) (4) That there is a reasonable probability that the continuation
27 of the parent-child relationship poses a threat to the well-being,
28 safety, physical health, or life of the child.
29 (iii) (5) That the child has, on two (2) separate occasions, been
30 adjudicated a child in need of services.
31 (C) that termination is in the best interests of the child; and
32 (D) that there is a satisfactory plan for the care and treatment
33 of the child.
34 (6) That:
35 (A) at least ninety (90) days have passed since the filing of
36 the petition alleging that the child is a child in need of
37 services; and
38 (B) the identity or location of the parent is unknown
39 despite reasonable efforts having been made to identify or
40 locate the parent.
41 (7) That the parent:
42 (A) failed to substantially comply with the child's
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1 dispositional decree for a period of at least twelve (12)
2 months following the child's:
3 (i) removal from the parent's home under IC 31-34-2; or
4 (ii) adjudication as a child in need of services;
5 whichever occurred earlier, unless the parent's failure to
6 substantially comply with the child's dispositional decree
7 was due to the failure of the department to make
8 reasonable efforts to preserve and reunify the child's
9 family under IC 31-34-21-5.5; or
10 (B) is unlikely or unable to substantially comply with the
11 child's dispositional decree.
12 (8) That the parent is incarcerated and one (1) or more of the
13 following is true:
14 (A) The parent is expected to remain incarcerated for a
15 significant portion of the remaining time during which the
16 child is less than eighteen (18) years of age.
17 (B) The parent is a sexually violent predator (as defined by
18 IC 35-38-1-7.5).
19 (9) That the parent:
20 (A) has a history of extensive, abusive, and chronic use of
21 alcohol or a controlled substance that renders the parent
22 incapable of caring for the child; and
23 (B) has refused or failed to complete available treatment
24 for the alcohol or controlled substance use during the two
25 (2) year period immediately preceding the filing date of the
26 petition under subsection (a).
27 (10) That:
28 (A) a test administered at the child's birth that indicated
29 that the child's blood, urine, or meconium contained any
30 amount of alcohol or a controlled substance, or metabolites
31 of such substances, the presence of which was not the
32 result of medical treatment administered to the mother or
33 the child; and
34 (B) the parent:
35 (i) is the biological mother of at least one (1) other child
36 who was adjudicated a child in need of services after a
37 finding of harm to the child's health or welfare due to
38 exposure to alcohol or a controlled substance; and
39 (ii) had the opportunity to participate in substance abuse
40 treatment following the finding under item (i).
41 (11) That the child was conceived as a result of:
42 (A) an offense under IC 35-42-3.5 (human and sexual
2024 IN 1369—LS 7031/DI 119 5
1 trafficking);
2 (B) rape (IC 35-42-4-1);
3 (C) child molestation (IC 35-42-4-3); or
4 (D) an offense committed in another jurisdiction the
5 elements of which are substantially similar to the elements
6 of an offense described in clause (A), (B), or (C);
7 committed by the biological parent of the child whose
8 parent-child relationship with the child is the subject of the
9 petition.
10 (12) That the parent is required to register as a sex or violent
11 offender under IC 11-8-8.
12 (3) (e) If the department intends to file a motion to dismiss under
13 section 4.5 of this chapter, the petition must indicate whether at least
14 one (1) of the factors listed in section 4.5(d)(1) through 4.5(d)(4) of this
15 chapter applies and specify each factor that would apply as the basis for
16 filing a motion to dismiss the petition.
17 (c) (f) At the time the petitioner files the verified a petition
18 described in subsection (b) under this section with the juvenile or
19 probate court, the petitioner shall also file a:
20 (1) copy of the order approving the permanency plan under
21 IC 31-34-21-7 for the child; or
22 (2) permanency plan for the child as described by
23 IC 31-34-21-7.5.
2024 IN 1369—LS 7031/DI 119