Indiana 2024 Regular Session

Indiana House Bill HB1369 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	EH1369.2
	2	+	Reprinted
	3	+	February 23, 2024
	4	+	ENGROSSED
	5	+	HOUSE BILL No. 1369
	6	+	_____
	7	+	DIGEST OF HB 1369 (Updated February 22, 2024 4:32 pm - DI 149)
	8	+	Citations Affected: IC 31-9; IC 31-10; IC 31-34; IC 31-35.
	9	+	Synopsis: Family and juvenile law matters. Amends the definition for
	10	+	"act of rape", only for the purposes of IC 31-35-3.5 (termination of
	11	+	parent-child relationship of an individual who committed an act of
	12	+	rape), to include child molestation and sexual misconduct with a minor.
	13	+	Provides that the department of child services or a court shall consider
	14	+	ensuring the child's safety to be the most important consideration in the
	15	+	(Continued next page)
	16	+	Effective: Upon passage.
	17	+	McGuire, Jeter, Steuerwald,
	18	+	Goss-Reaves
	19	+	(SENATE SPONSORS — BROWN L, KOCH, DERNULC, GLICK, BUCK,
	20	+	RANDOLPH LONNIE M)
	21	+	January 10, 2024, read first time and referred to Committee on Judiciary.
	22	+	January 25, 2024, amended, reported — Do Pass.
	23	+	January 29, 2024, read second time, amended, ordered engrossed.
	24	+	January 30, 2024, engrossed. Read third time, passed. Yeas 94, nays 0.
	25	+	SENATE ACTION
	26	+	February 7, 2024, read first time and referred to Committee on Judiciary.
	27	+	February 15, 2024, reported favorably — Do Pass.
	28	+	February 19, 2024, read second time, ordered engrossed. Engrossed.
	29	+	February 20, 2024, returned to second reading.
	30	+	February 22, 2024, re-read second time, amended, ordered engrossed.
	31	+	EH 1369—LS 7031/DI 119 Digest Continued
	32	+	determination of a child's best interests under family and juvenile law.
	33	+	Provides that there is a rebuttable presumption that a child is a child in
	34	+	need of services if the state establishes that the child lives in the same
	35	+	household as an adult who was a perpetrator of a child fatality or near
	36	+	fatality that may have been the result of abuse, abandonment, or
	37	+	neglect. Adds sexual misconduct with a minor as an offense that may
	38	+	be alleged in a petition to terminate the parent-child relationship when
	39	+	a child is conceived as a result of the offense. Amends the
	40	+	circumstances under which a court may terminate the parent-child
	41	+	relationship with regard to a child in need of services.
	42	+	EH 1369—LS 7031/DI 119EH 1369—LS 7031/DI 119 Reprinted
	43	+	February 23, 2024
1	44		Second Regular Session of the 123rd General Assembly (2024)
2	45		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	46		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	47		additions will appear in this style type, and deletions will appear in this style type.
5	48		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	49		provision adopted), the text of the new provision will appear in this style type. Also, the
7	50		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	51		a new provision to the Indiana Code or the Indiana Constitution.
9	52		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	53		between statutes enacted by the 2023 Regular Session of the General Assembly.
11		-	HOUSE ENROLLED ACT No. 1369
12		-	AN ACT to amend the Indiana Code concerning family law and
13		-	juvenile law.
	54	+	ENGROSSED
	55	+	HOUSE BILL No. 1369
	56	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	57	+	family law and juvenile law.
14	58		Be it enacted by the General Assembly of the State of Indiana:
15		-	SECTION 1. IC 31-9-2-0.9, AS ADDED BY P.L.64-2016,
	59	+	1 SECTION 1. IC 31-9-2-0.9, AS ADDED BY P.L.64-2016,
	60	+	2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	61	+	3 UPON PASSAGE]: Sec. 0.9. "Act of rape", for purposes of
	62	+	4 IC 31-35-3.5, means an act described in:
	63	+	5 (1) IC 35-42-4-1; or
	64	+	6 (2) IC 35-42-4-3(a) that:
	65	+	7 (A) is committed by using or threatening the use of deadly
	66	+	8 force or while armed with a deadly weapon;
	67	+	9 (B) results in serious bodily injury; or
	68	+	10 (C) is facilitated by furnishing the victim, without the victim's
	69	+	11 knowledge, with a drug (as defined in IC 16-42-19-2(1)) or a
	70	+	12 controlled substance (as defined in IC 35-48-1-9) or knowing
	71	+	13 that the victim was furnished with the drug or controlled
	72	+	14 substance without the victim's knowledge.
	73	+	15 (2) IC 35-42-4-3; or
	74	+	16 (3) IC 35-42-4-9.
	75	+	17 SECTION 2. IC 31-10-2-1.5 IS ADDED TO THE INDIANA CODE
	76	+	EH 1369—LS 7031/DI 119 2
	77	+	1 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
	78	+	2 UPON PASSAGE]: Sec. 1.5. For purposes of IC 31-19, IC 31-28,
	79	+	3 IC 31-34, and IC 31-35, the department or a court shall consider
	80	+	4 ensuring the child's safety to be the most important consideration
	81	+	5 in the determination of a child's best interests under this title.
	82	+	6 SECTION 3. IC 31-34-12-4.5, AS AMENDED BY P.L.71-2018,
	83	+	7 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	84	+	8 UPON PASSAGE]: Sec. 4.5. (a) There is a rebuttable presumption that
	85	+	9 a child is a child in need of services if the state establishes that the
	86	+	10 child lives in the same household as an adult who:
	87	+	11 (1) committed an offense described in IC 31-34-1-2,
	88	+	12 IC 31-34-1-3, or IC 31-34-1-3.5 against a child and the offense
	89	+	13 resulted in a conviction or a judgment under IC 31-34-11-2; or
	90	+	14 (2) has been charged with an offense described in IC 31-34-1-2,
	91	+	15 IC 31-34-1-3, or IC 31-34-1-3.5 against a child and is awaiting
	92	+	16 trial; or
	93	+	17 (3) was a perpetrator of a child fatality or near fatality as
	94	+	18 described by IC 31-33-18-1.5.
	95	+	19 (b) The following may not be used as grounds to rebut the
	96	+	20 presumption under subsection (a):
	97	+	21 (1) The child who is the victim of the offense described in
	98	+	22 IC 31-34-1-2 or IC 31-34-1-3 is not genetically related to the adult
	99	+	23 who committed the act, but the child presumed to be the child in
	100	+	24 need of services under this section is genetically related to the
	101	+	25 adult who committed the act.
	102	+	26 (2) The child who is the victim of the offense described in
	103	+	27 IC 31-34-1-2 or IC 31-34-1-3 differs in age from the child
	104	+	28 presumed to be the child in need of services under this section.
	105	+	29 (c) This section does not affect the ability to take a child into
	106	+	30 custody or emergency custody under IC 31-34-2 if the act of taking the
	107	+	31 child into custody or emergency custody is not based upon a
	108	+	32 presumption established under this section. However, if the
	109	+	33 presumption established under this section is the sole basis for taking
	110	+	34 a child into custody or emergency custody under IC 31-34-2, the court
	111	+	35 first must find cause to take the child into custody or emergency
	112	+	36 custody following a hearing in which the parent, guardian, or custodian
	113	+	37 of the child is accorded the rights described in IC 31-34-4-6(a)(2)
	114	+	38 through IC 31-34-4-6(a)(5).
	115	+	39 SECTION 4. IC 31-35-2-4, AS AMENDED BY P.L.258-2019,
	116	+	40 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	117	+	41 UPON PASSAGE]: Sec. 4. (a) A petition to terminate the parent-child
	118	+	42 relationship involving a child adjudicated as a delinquent child or a
	119	+	EH 1369—LS 7031/DI 119 3
	120	+	1 child in need of services may be signed and filed with the juvenile or
	121	+	2 probate court by any of the following:
	122	+	3 (1) The attorney for the department.
	123	+	4 (2) The child's court appointed special advocate.
	124	+	5 (3) The child's guardian ad litem.
	125	+	6 (b) The A petition must meet the following requirements: filed
	126	+	7 under subsection (a)
	127	+	8 (1) The petition must be entitled "In the Matter of the Termination
	128	+	9 of the Parent-Child Relationship of ___________, a child, and
	129	+	10 ____________, the child's parent (or parents)".
	130	+	11 (2) The (c) A petition filed under subsection (a) must allege:
	131	+	12 (1) the existence of one (1) or more of the circumstances
	132	+	13 described in subsection (d);
	133	+	14 (2) that there is a satisfactory plan for care and treatment of
	134	+	15 the child; and
	135	+	16 (3) that termination of the parent-child relationship is in the
	136	+	17 child's best interests.
	137	+	18 (d) A petition filed under subsection (a) must allege the existence
	138	+	19 of one (1) or more of the following circumstances:
	139	+	20 (A) (1) That one (1) of the following is true:
	140	+	21 (i) The child has been removed from the parent for at least
	141	+	22 six (6) months under a dispositional decree.
	142	+	23 (ii) a court has entered a finding under IC 31-34-21-5.6 that
	143	+	24 reasonable efforts for family preservation or reunification
	144	+	25 are not required, including a description of the court's
	145	+	26 finding, the date of the finding, and the manner in which the
	146	+	27 finding was made.
	147	+	28 (iii) (2) That:
	148	+	29 (A) the child has been removed from the parent and has been
	149	+	30 under the supervision of a local office or probation department
	150	+	31 for at least fifteen (15) months of the most recent twenty-two
	151	+	32 (22) months, beginning with the date the child is removed
	152	+	33 from the home as a result of the child being alleged to be a
	153	+	34 child in need of services or a delinquent child; and
	154	+	35 (B) that one (1) of the following is true: despite the
	155	+	36 department's reasonable efforts to preserve and reunify
	156	+	37 the child's family under IC 31-34-21-5.5, the parent has
	157	+	38 been unable to remedy the circumstances that resulted in
	158	+	39 the child being placed in care outside the parent's home.
	159	+	40 (i) (3) That there is a reasonable probability that the conditions
	160	+	41 that resulted in the child's removal or the reasons for placement
	161	+	42 outside the home of the parents will not be remedied.
	162	+	EH 1369—LS 7031/DI 119 4
	163	+	1 (ii) (4) That there is a reasonable probability that the continuation
	164	+	2 of the parent-child relationship poses a threat to the well-being,
	165	+	3 safety, physical health, or life of the child.
	166	+	4 (iii) (5) That the child has, on two (2) separate occasions, been
	167	+	5 adjudicated a child in need of services.
	168	+	6 (C) that termination is in the best interests of the child; and
	169	+	7 (D) that there is a satisfactory plan for the care and treatment
	170	+	8 of the child.
	171	+	9 (6) That:
	172	+	10 (A) at least ninety (90) days have passed since the filing of
	173	+	11 the petition alleging that the child is a child in need of
	174	+	12 services; and
	175	+	13 (B) the identity or location of the parent is unknown
	176	+	14 despite reasonable efforts having been made to identify or
	177	+	15 locate the parent.
	178	+	16 (7) That the parent:
	179	+	17 (A) failed to substantially comply with the child's
	180	+	18 dispositional decree for a period of at least twelve (12)
	181	+	19 months following the child's:
	182	+	20 (i) removal from the parent's home under IC 31-34-2; or
	183	+	21 (ii) adjudication as a child in need of services;
	184	+	22 whichever occurred earlier, unless the parent's failure to
	185	+	23 substantially comply with the child's dispositional decree
	186	+	24 was due to the failure of the department to make
	187	+	25 reasonable efforts to preserve and reunify the child's
	188	+	26 family under IC 31-34-21-5.5; or
	189	+	27 (B) is unlikely or unable to substantially comply with the
	190	+	28 child's dispositional decree.
	191	+	29 (8) That the parent is incarcerated and one (1) or more of the
	192	+	30 following is true:
	193	+	31 (A) The parent is expected to remain incarcerated for a
	194	+	32 significant portion of the remaining time during which the
	195	+	33 child is less than eighteen (18) years of age.
	196	+	34 (B) The parent is a sexually violent predator (as defined by
	197	+	35 IC 35-38-1-7.5).
	198	+	36 (9) That the parent:
	199	+	37 (A) has a history of extensive, abusive, and chronic use of
	200	+	38 alcohol or a controlled substance that renders the parent
	201	+	39 incapable of caring for the child; and
	202	+	40 (B) has refused or failed to complete available treatment
	203	+	41 for the alcohol or controlled substance use during the two
	204	+	42 (2) year period immediately preceding the filing date of the
	205	+	EH 1369—LS 7031/DI 119 5
	206	+	1 petition under subsection (a).
	207	+	2 (10) That:
	208	+	3 (A) a test administered at the child's birth that indicated
	209	+	4 that the child's blood, urine, or meconium contained any
	210	+	5 amount of alcohol or a controlled substance, or metabolites
	211	+	6 of such substances, the presence of which was not the
	212	+	7 result of medical treatment administered to the mother or
	213	+	8 the child; and
	214	+	9 (B) the parent:
	215	+	10 (i) is the biological mother of at least one (1) other child
	216	+	11 who was adjudicated a child in need of services after a
	217	+	12 finding of harm to the child's health or welfare due to
	218	+	13 exposure to alcohol or a controlled substance; and
	219	+	14 (ii) had the opportunity to participate in substance abuse
	220	+	15 treatment following the finding under item (i).
	221	+	16 (11) That the child was conceived as a result of:
	222	+	17 (A) an offense under IC 35-42-3.5 (human and sexual
	223	+	18 trafficking);
	224	+	19 (B) rape (IC 35-42-4-1);
	225	+	20 (C) child molestation (IC 35-42-4-3);
	226	+	21 (D) sexual misconduct with a minor (IC 35-42-4-9); or
	227	+	22 (E) an offense committed in another jurisdiction the
	228	+	23 elements of which are substantially similar to the elements
	229	+	24 of an offense described in clause (A), (B), (C), or (D);
	230	+	25 committed by the biological parent of the child whose
	231	+	26 parent-child relationship with the child is the subject of the
	232	+	27 petition.
	233	+	28 (12) That the parent is required to register as a sex or violent
	234	+	29 offender under IC 11-8-8.
	235	+	30 (3) (e) If the department intends to file a motion to dismiss under
	236	+	31 section 4.5 of this chapter, the petition must indicate whether at least
	237	+	32 one (1) of the factors listed in section 4.5(d)(1) through 4.5(d)(4) of this
	238	+	33 chapter applies and specify each factor that would apply as the basis for
	239	+	34 filing a motion to dismiss the petition.
	240	+	35 (c) (f) At the time the petitioner files the verified a petition
	241	+	36 described in subsection (b) under this section with the juvenile or
	242	+	37 probate court, the petitioner shall also file a:
	243	+	38 (1) copy of the order approving the permanency plan under
	244	+	39 IC 31-34-21-7 for the child; or
	245	+	40 (2) permanency plan for the child as described by
	246	+	41 IC 31-34-21-7.5.
	247	+	42 SECTION 5. An emergency is declared for this act.
	248	+	EH 1369—LS 7031/DI 119 6
	249	+	COMMITTEE REPORT
	250	+	Mr. Speaker: Your Committee on Judiciary, to which was referred
	251	+	House Bill 1369, has had the same under consideration and begs leave
	252	+	to report the same back to the House with the recommendation that said
	253	+	bill be amended as follows:
	254	+	Page 1, between the enacting clause and line 1, begin a new
	255	+	paragraph and insert:
	256	+	"SECTION 1. IC 31-9-2-0.9, AS ADDED BY P.L.64-2016,
16	257		SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17	258		UPON PASSAGE]: Sec. 0.9. "Act of rape", for purposes of
18	259		IC 31-35-3.5, means an act described in:
19	260		(1) IC 35-42-4-1; or
20	261		(2) IC 35-42-4-3(a) that:
21	262		(A) is committed by using or threatening the use of deadly
22	263		force or while armed with a deadly weapon;
23	264		(B) results in serious bodily injury; or
24	265		(C) is facilitated by furnishing the victim, without the victim's
25	266		knowledge, with a drug (as defined in IC 16-42-19-2(1)) or a
26	267		controlled substance (as defined in IC 35-48-1-9) or knowing
27	268		that the victim was furnished with the drug or controlled
28	269		substance without the victim's knowledge.
29	270		(2) IC 35-42-4-3; or
30		-	(3) IC 35-42-4-9.
31		-	SECTION 2. IC 31-10-2-1.5 IS ADDED TO THE INDIANA CODE
32		-	AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
33		-	UPON PASSAGE]: Sec. 1.5. For purposes of IC 31-19, IC 31-28,
34		-	IC 31-34, and IC 31-35, the department or a court shall consider
35		-	ensuring the child's safety to be the most important consideration
36		-	HEA 1369 — Concur 2
37		-	in the determination of a child's best interests under this title.
38		-	SECTION 3. IC 31-34-12-4.5, AS AMENDED BY P.L.71-2018,
39		-	SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40		-	UPON PASSAGE]: Sec. 4.5. (a) There is a rebuttable presumption that
41		-	a child is a child in need of services if the state establishes that the
42		-	child lives in the same household as an adult who:
43		-	(1) committed an offense described in IC 31-34-1-2,
44		-	IC 31-34-1-3, or IC 31-34-1-3.5 against a child and the offense
45		-	resulted in a conviction or a judgment under IC 31-34-11-2; or
46		-	(2) has been charged with an offense described in IC 31-34-1-2,
47		-	IC 31-34-1-3, or IC 31-34-1-3.5 against a child and is awaiting
48		-	trial; or
49		-	(3) was a perpetrator of a child fatality or near fatality as
50		-	described by IC 31-33-18-1.5.
51		-	(b) The following may not be used as grounds to rebut the
52		-	presumption under subsection (a):
53		-	(1) The child who is the victim of the offense described in
54		-	IC 31-34-1-2 or IC 31-34-1-3 is not genetically related to the adult
55		-	who committed the act, but the child presumed to be the child in
56		-	need of services under this section is genetically related to the
57		-	adult who committed the act.
58		-	(2) The child who is the victim of the offense described in
59		-	IC 31-34-1-2 or IC 31-34-1-3 differs in age from the child
60		-	presumed to be the child in need of services under this section.
61		-	(c) This section does not affect the ability to take a child into
62		-	custody or emergency custody under IC 31-34-2 if the act of taking the
63		-	child into custody or emergency custody is not based upon a
64		-	presumption established under this section. However, if the
65		-	presumption established under this section is the sole basis for taking
66		-	a child into custody or emergency custody under IC 31-34-2, the court
67		-	first must find cause to take the child into custody or emergency
68		-	custody following a hearing in which the parent, guardian, or custodian
69		-	of the child is accorded the rights described in IC 31-34-4-6(a)(2)
70		-	through IC 31-34-4-6(a)(5).
71		-	SECTION 4. IC 31-35-2-4, AS AMENDED BY P.L.258-2019,
72		-	SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
73		-	UPON PASSAGE]: Sec. 4. (a) A petition to terminate the parent-child
74		-	relationship involving a child adjudicated as a delinquent child or a
75		-	child in need of services may be signed and filed with the juvenile or
76		-	probate court by any of the following:
77		-	(1) The attorney for the department.
78		-	(2) The child's court appointed special advocate.
79		-	HEA 1369 — Concur 3
80		-	(3) The child's guardian ad litem.
81		-	(b) The A petition must meet the following requirements: filed
82		-	under subsection (a)
83		-	(1) The petition must be entitled "In the Matter of the Termination
84		-	of the Parent-Child Relationship of ___________, a child, and
85		-	____________, the child's parent (or parents)".
86		-	(2) The (c) A petition filed under subsection (a) must allege:
87		-	(1) the existence of one (1) or more of the circumstances
88		-	described in subsection (d);
89		-	(2) that there is a satisfactory plan for care and treatment of
90		-	the child; and
91		-	(3) that termination of the parent-child relationship is in the
92		-	child's best interests.
93		-	(d) A petition filed under subsection (a) must allege the existence
94		-	of one (1) or more of the following circumstances:
95		-	(A) (1) That one (1) of the following is true:
96		-	(i) The child has been removed from the parent for at least
97		-	six (6) months under a dispositional decree.
98		-	(ii) a court has entered a finding under IC 31-34-21-5.6 that
99		-	reasonable efforts for family preservation or reunification
100		-	are not required, including a description of the court's
101		-	finding, the date of the finding, and the manner in which the
102		-	finding was made.
103		-	(iii) (2) That:
104		-	(A) the child has been removed from the parent and has been
105		-	under the supervision of a local office or probation department
106		-	for at least fifteen (15) months of the most recent twenty-two
107		-	(22) months, beginning with the date the child is removed
108		-	from the home as a result of the child being alleged to be a
109		-	child in need of services or a delinquent child; and
110		-	(B) that one (1) of the following is true: despite the
111		-	department's reasonable efforts to preserve and reunify
112		-	the child's family under IC 31-34-21-5.5, the parent has
113		-	been unable to remedy the circumstances that resulted in
114		-	the child being placed in care outside the parent's home.
115		-	(i) (3) That there is a reasonable probability that the conditions
116		-	that resulted in the child's removal or the reasons for placement
117		-	outside the home of the parents will not be remedied.
118		-	(ii) (4) That there is a reasonable probability that the continuation
119		-	of the parent-child relationship poses a threat to the well-being,
120		-	safety, physical health, or life of the child.
121		-	(iii) (5) That the child has, on two (2) separate occasions, been
122		-	HEA 1369 — Concur 4
123		-	adjudicated a child in need of services.
124		-	(C) that termination is in the best interests of the child; and
125		-	(D) that there is a satisfactory plan for the care and treatment
126		-	of the child.
127		-	(6) That:
128		-	(A) at least ninety (90) days have passed since the filing of
129		-	the petition alleging that the child is a child in need of
130		-	services; and
131		-	(B) the identity or location of the parent is unknown
132		-	despite reasonable efforts having been made to identify or
133		-	locate the parent.
134		-	(7) That the parent:
135		-	(A) failed to substantially comply with the child's
136		-	dispositional decree for a period of at least twelve (12)
137		-	months following the child's:
138		-	(i) removal from the parent's home under IC 31-34-2; or
139		-	(ii) adjudication as a child in need of services;
140		-	whichever occurred earlier, unless the parent's failure to
141		-	substantially comply with the child's dispositional decree
142		-	was due to the failure of the department to make
143		-	reasonable efforts to preserve and reunify the child's
144		-	family under IC 31-34-21-5.5; or
145		-	(B) is unlikely or unable to substantially comply with the
146		-	child's dispositional decree.
147		-	(8) That the parent is incarcerated and one (1) or more of the
148		-	following is true:
149		-	(A) The parent is expected to remain incarcerated for a
150		-	significant portion of the remaining time during which the
151		-	child is less than eighteen (18) years of age.
152		-	(B) The parent is a sexually violent predator (as defined by
153		-	IC 35-38-1-7.5).
154		-	(9) That the parent:
155		-	(A) has a history of extensive, abusive, and chronic use of
156		-	alcohol or a controlled substance that renders the parent
157		-	incapable of caring for the child; and
158		-	(B) has refused or failed to complete available treatment
159		-	for the alcohol or controlled substance use during the two
160		-	(2) year period immediately preceding the filing date of the
161		-	petition under subsection (a).
162		-	(10) That:
163		-	(A) a test administered at the child's birth that indicated
164		-	that the child's blood, urine, or meconium contained any
165		-	HEA 1369 — Concur 5
166		-	amount of alcohol or a controlled substance, or metabolites
167		-	of such substances, the presence of which was not the
168		-	result of medical treatment administered to the mother or
169		-	the child; and
170		-	(B) the parent:
171		-	(i) is the biological mother of at least one (1) other child
172		-	who was adjudicated a child in need of services after a
173		-	finding of harm to the child's health or welfare due to
174		-	exposure to alcohol or a controlled substance; and
175		-	(ii) had the opportunity to participate in substance abuse
176		-	treatment following the finding under item (i).
177		-	(11) That the child was conceived as a result of:
178		-	(A) an offense under IC 35-42-3.5 (human and sexual
179		-	trafficking);
180		-	(B) rape (IC 35-42-4-1);
181		-	(C) child molestation (IC 35-42-4-3);
182		-	(D) sexual misconduct with a minor (IC 35-42-4-9); or
183		-	(E) an offense committed in another jurisdiction the
184		-	elements of which are substantially similar to the elements
185		-	of an offense described in clause (A), (B), (C), or (D);
186		-	committed by the biological parent of the child whose
187		-	parent-child relationship with the child is the subject of the
188		-	petition.
189		-	(12) That the parent is required to register as a sex or violent
190		-	offender under IC 11-8-8.
191		-	(3) (e) If the department intends to file a motion to dismiss under
192		-	section 4.5 of this chapter, the petition must indicate whether at least
193		-	one (1) of the factors listed in section 4.5(d)(1) through 4.5(d)(4) of this
194		-	chapter applies and specify each factor that would apply as the basis for
195		-	filing a motion to dismiss the petition.
196		-	(c) (f) At the time the petitioner files the verified a petition
197		-	described in subsection (b) under this section with the juvenile or
198		-	probate court, the petitioner shall also file a:
199		-	(1) copy of the order approving the permanency plan under
200		-	IC 31-34-21-7 for the child; or
201		-	(2) permanency plan for the child as described by
202		-	IC 31-34-21-7.5.
203		-	SECTION 5. An emergency is declared for this act.
204		-	HEA 1369 — Concur Speaker of the House of Representatives
205		-	President of the Senate
206		-	President Pro Tempore
207		-	Governor of the State of Indiana
208		-	Date: Time:
209		-	HEA 1369 — Concur
	271	+	(3) IC 35-42-4-9.".
	272	+	Page 5, line 3, delete "or".
	273	+	Page 5, between lines 3 and 4, begin a new line double block
	274	+	indented and insert:
	275	+	"(D) sexual misconduct with a minor (IC 35-42-4-9); or".
	276	+	Page 5, line 4, delete "(D)" and insert "(E)".
	277	+	Page 5, line 6, delete "or (C);" and insert "(C), or (D);".
	278	+	Page 5, after line 23, begin a new paragraph and insert:
	279	+	"SECTION 5. An emergency is declared for this act.".
	280	+	Renumber all SECTIONS consecutively.
	281	+	and when so amended that said bill do pass.
	282	+	(Reference is to HB 1369 as introduced.)
	283	+	JETER
	284	+	Committee Vote: yeas 11, nays 0.
	285	+	EH 1369—LS 7031/DI 119 7
	286	+	HOUSE MOTION
	287	+	Mr. Speaker: I move that House Bill 1369 be amended to read as
	288	+	follows:
	289	+	Page 2, line 2, delete "The" and insert "For purposes of IC 31-19,
	290	+	IC 31-28, IC 31-34, and IC 31-35, the".
	291	+	(Reference is to HB 1369 as printed January 25, 2024.)
	292	+	MCGUIRE
	293	+	_____
	294	+	COMMITTEE REPORT
	295	+	Madam President: The Senate Committee on Judiciary, to which
	296	+	was referred House Bill No. 1369, has had the same under
	297	+	consideration and begs leave to report the same back to the Senate with
	298	+	the recommendation that said bill DO PASS.
	299	+	(Reference is to HB 1369 as reprinted January 30, 2024.)
	300	+
	301	+	BROWN L, Chairperson
	302	+	Committee Vote: Yeas 11, Nays 0
	303	+	_____
	304	+	SENATE MOTION
	305	+	Madam President: I move that Engrossed House Bill 1369, which
	306	+	is eligible for third reading, be returned to second reading for purposes
	307	+	of amendment.
	308	+	BROWN L
	309	+	_____
	310	+	SENATE MOTION
	311	+	Madam President: I move that Engrossed House Bill 1369 be
	312	+	amended to read as follows:
	313	+	Page 2, line 1, delete "JULY" and insert "UPON PASSAGE]:".
	314	+	Page 2, line 2, delete "1, 2024]:".
	315	+	EH 1369—LS 7031/DI 119 8
	316	+	Page 2, line 8, delete "JULY 1, 2024]:" and insert "UPON
	317	+	PASSAGE]:".
	318	+	Page 2, line 41, delete "JULY 1, 2024]:" and insert "UPON
	319	+	PASSAGE]:".
	320	+	(Reference is to EHB 1369 as printed February 16, 2024.)
	321	+	BROWN L
	322	+	EH 1369—LS 7031/DI 119