IN
Indiana Senate Bill SB0040

Indiana 2024 Regular Session

Indiana Senate Bill SB0040 Compare Versions

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1-*SB0040.1*
2-January 12, 2024
1+
2+Introduced Version
33 SENATE BILL No. 40
44 _____
5-DIGEST OF SB 40 (Updated January 10, 2024 6:33 pm - DI 149)
6-Citations Affected: IC 31-9; IC 31-32.
7-Synopsis: Caregiver counsel pilot program. Establishes the caregiver
8-counsel pilot program in LaPorte County, Marshall County, and Starke
9-County. Provides that an unlicensed caregiver is entitled to
10-representation by counsel in a child in need of services (CHINS)
11-proceeding under certain circumstances.
5+DIGEST OF INTRODUCED BILL
6+Citations Affected: IC 31-9-2-131.7; IC 31-32-4-1.
7+Synopsis: Representation of caregiver in CHINS cases. Provides that
8+an unlicensed caregiver is entitled to representation by counsel in a
9+child in need of services (CHINS) proceeding under certain
10+circumstances.
1211 Effective: July 1, 2024.
1312 Bohacek
1413 January 8, 2024, read first time and referred to Committee on Judiciary.
15-January 11, 2024, amended, reported favorably — Do Pass; reassigned to Committee on
16-Appropriations.
17-SB 40—LS 6087/DI 149 January 12, 2024
14+2024 IN 40—LS 6087/DI 149 Introduced
1815 Second Regular Session of the 123rd General Assembly (2024)
1916 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
2017 Constitution) is being amended, the text of the existing provision will appear in this style type,
2118 additions will appear in this style type, and deletions will appear in this style type.
2219 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
2320 provision adopted), the text of the new provision will appear in this style type. Also, the
2421 word NEW will appear in that style type in the introductory clause of each SECTION that adds
2522 a new provision to the Indiana Code or the Indiana Constitution.
2623 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
2724 between statutes enacted by the 2023 Regular Session of the General Assembly.
2825 SENATE BILL No. 40
2926 A BILL FOR AN ACT to amend the Indiana Code concerning
3027 family law and juvenile law.
3128 Be it enacted by the General Assembly of the State of Indiana:
3229 1 SECTION 1. IC 31-9-2-131.7, AS AMENDED BY P.L.244-2023,
3330 2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3431 3 JULY 1, 2024]: Sec. 131.7. "Unlicensed caregiver", for purposes of
35-4 IC 31-32-2.5, IC 31-32-4-5, IC 31-34-21-4.5, and IC 31-28-7, means
32+4 IC 31-32-2.5, IC 31-32-4-1, IC 31-34-21-4.5, and IC 31-28-7, means
3633 5 a relative (as defined by IC 31-9-2-107(c)) section 107(c) of this
3734 6 chapter) who is:
3835 7 (1) providing care and supervision to a child under a court order
3936 8 for purposes of placement in a child in need of services case or
4037 9 juvenile delinquency case; and
4138 10 (2) not licensed as a foster parent under IC 31-27-4.
42-11 SECTION 2. IC 31-32-4-5 IS ADDED TO THE INDIANA CODE
43-12 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
44-13 1, 2024]: Sec. 5. (a) The circuit or superior court exercising
45-14 jurisdiction over a child in need of services case in any of the
46-15 following counties shall establish a caregiver counsel pilot program
47-16 to appoint counsel to represent an unlicensed caregiver (as defined
48-17 in IC 31-9-2-131.7) in a proceeding for a child in need of services
49-SB 40—LS 6087/DI 149 2
50-1 if the court determines that the unlicensed caregiver is indigent as
51-2 described in IC 35-33-7-6.5:
52-3 (1) LaPorte County.
53-4 (2) Marshall County.
54-5 (3) Starke County.
55-6 (b) The court shall appoint counsel under this section through
56-7 the caregiver counsel pilot program to represent an unlicensed
57-8 caregiver (as defined in IC 31-9-2-131.7) in every permanency
58-9 hearing held in the child in need of services case under
59-10 IC 31-34-21-7.
60-11 (c) This section expires July 1, 2026.
61-SB 40—LS 6087/DI 149 3
62-COMMITTEE REPORT
63-Madam President: The Senate Committee on Judiciary, to which
64-was referred Senate Bill No. 40, has had the same under consideration
65-and begs leave to report the same back to the Senate with the
66-recommendation that said bill be AMENDED as follows:
67-Page 1, line 4, delete "IC 31-32-4-1," and insert "IC 31-32-4-5,".
68-Page 1, delete lines 11 through 17, begin a new paragraph and
69-insert:
70-"SECTION 2. IC 31-32-4-5 IS ADDED TO THE INDIANA CODE
71-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
72-1, 2024]: Sec. 5. (a) The circuit or superior court exercising
73-jurisdiction over a child in need of services case in any of the
74-following counties shall establish a caregiver counsel pilot program
75-to appoint counsel to represent an unlicensed caregiver (as defined
76-in IC 31-9-2-131.7) in a proceeding for a child in need of services
77-if the court determines that the unlicensed caregiver is indigent as
78-described in IC 35-33-7-6.5:
79-(1) LaPorte County.
80-(2) Marshall County.
81-(3) Starke County.
82-(b) The court shall appoint counsel under this section through
83-the caregiver counsel pilot program to represent an unlicensed
84-caregiver (as defined in IC 31-9-2-131.7) in every permanency
85-hearing held in the child in need of services case under
86-IC 31-34-21-7.
87-(c) This section expires July 1, 2026.".
88-Delete page 2.
89-Renumber all SECTIONS consecutively.
90-and when so amended that said bill do pass and be reassigned to the
91-Senate Committee on Appropriations.
92-(Reference is to SB 40 as introduced.)
93-BROWN L, Chairperson
94-Committee Vote: Yeas 11, Nays 0.
95-SB 40—LS 6087/DI 149
39+11 SECTION 2. IC 31-32-4-1 IS AMENDED TO READ AS
40+12 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 1. The following
41+13 persons are entitled to be represented by counsel:
42+14 (1) A child charged with a delinquent act, as provided by
43+15 IC 31-32-2-2.
44+16 (2) A parent, in a proceeding to terminate the parent-child
45+17 relationship, as provided by IC 31-32-2-5.
46+2024 IN 40—LS 6087/DI 149 2
47+1 (3) An unlicensed caregiver (as defined by IC 31-9-2-131.7) in
48+2 a proceeding for a child in need of services if the court
49+3 determines that the unlicensed caregiver is indigent as
50+4 described in IC 35-33-7-6.5.
51+5 (3) (4) Any other person designated by law.
52+2024 IN 40—LS 6087/DI 149