Introduced Version
SENATE BILL No. 40
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 31-9-2-131.7; IC 31-32-4-1.
Synopsis: Representation of caregiver in CHINS cases. Provides that
an unlicensed caregiver is entitled to representation by counsel in a
child in need of services (CHINS) proceeding under certain
circumstances.
Effective: July 1, 2024.
Bohacek
January 8, 2024, read first time and referred to Committee on Judiciary.
2024 IN 40—LS 6087/DI 149 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,
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between statutes enacted by the 2023 Regular Session of the General Assembly.
SENATE BILL No. 40
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 31-9-2-131.7, AS AMENDED BY P.L.244-2023,
2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2024]: Sec. 131.7. "Unlicensed caregiver", for purposes of
4 IC 31-32-2.5, IC 31-32-4-1, IC 31-34-21-4.5, and IC 31-28-7, means
5 a relative (as defined by IC 31-9-2-107(c)) section 107(c) of this
6 chapter) who is:
7 (1) providing care and supervision to a child under a court order
8 for purposes of placement in a child in need of services case or
9 juvenile delinquency case; and
10 (2) not licensed as a foster parent under IC 31-27-4.
11 SECTION 2. IC 31-32-4-1 IS AMENDED TO READ AS
12 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 1. The following
13 persons are entitled to be represented by counsel:
14 (1) A child charged with a delinquent act, as provided by
15 IC 31-32-2-2.
16 (2) A parent, in a proceeding to terminate the parent-child
17 relationship, as provided by IC 31-32-2-5.
2024 IN 40—LS 6087/DI 149 2
1 (3) An unlicensed caregiver (as defined by IC 31-9-2-131.7) in
2 a proceeding for a child in need of services if the court
3 determines that the unlicensed caregiver is indigent as
4 described in IC 35-33-7-6.5.
5 (3) (4) Any other person designated by law.
2024 IN 40—LS 6087/DI 149