*SB0040.1*
January 12, 2024
SENATE BILL No. 40
_____
DIGEST OF SB 40 (Updated January 10, 2024 6:33 pm - DI 149)
Citations Affected: IC 31-9; IC 31-32.
Synopsis: Caregiver counsel pilot program. Establishes the caregiver
counsel pilot program in LaPorte County, Marshall County, and Starke
County. 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.
January 11, 2024, amended, reported favorably — Do Pass; reassigned to Committee on
Appropriations.
SB 40—LS 6087/DI 149 January 12, 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.
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 31-32-4-5, 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 31-32-4-5 IS ADDED TO THE INDIANA CODE
12 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
13 1, 2024]: Sec. 5. (a) The circuit or superior court exercising
14 jurisdiction over a child in need of services case in any of the
15 following counties shall establish a caregiver counsel pilot program
16 to appoint counsel to represent an unlicensed caregiver (as defined
17 in IC 31-9-2-131.7) in a proceeding for a child in need of services
SB 40—LS 6087/DI 149 2
1 if the court determines that the unlicensed caregiver is indigent as
2 described in IC 35-33-7-6.5:
3 (1) LaPorte County.
4 (2) Marshall County.
5 (3) Starke County.
6 (b) The court shall appoint counsel under this section through
7 the caregiver counsel pilot program to represent an unlicensed
8 caregiver (as defined in IC 31-9-2-131.7) in every permanency
9 hearing held in the child in need of services case under
10 IC 31-34-21-7.
11 (c) This section expires July 1, 2026.
SB 40—LS 6087/DI 149 3
COMMITTEE REPORT
Madam President: The Senate Committee on Judiciary, to which
was referred Senate Bill No. 40, has had the same under consideration
and begs leave to report the same back to the Senate with the
recommendation that said bill be AMENDED as follows:
Page 1, line 4, delete "IC 31-32-4-1," and insert "IC 31-32-4-5,".
Page 1, delete lines 11 through 17, begin a new paragraph and
insert:
"SECTION 2. IC 31-32-4-5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2024]: Sec. 5. (a) The circuit or superior court exercising
jurisdiction over a child in need of services case in any of the
following counties shall establish a caregiver counsel pilot program
to appoint counsel to represent an unlicensed caregiver (as defined
in IC 31-9-2-131.7) in a proceeding for a child in need of services
if the court determines that the unlicensed caregiver is indigent as
described in IC 35-33-7-6.5:
(1) LaPorte County.
(2) Marshall County.
(3) Starke County.
(b) The court shall appoint counsel under this section through
the caregiver counsel pilot program to represent an unlicensed
caregiver (as defined in IC 31-9-2-131.7) in every permanency
hearing held in the child in need of services case under
IC 31-34-21-7.
(c) This section expires July 1, 2026.".
Delete page 2.
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass and be reassigned to the
Senate Committee on Appropriations.
(Reference is to SB 40 as introduced.)
BROWN L, Chairperson
Committee Vote: Yeas 11, Nays 0.
SB 40—LS 6087/DI 149