LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
200 W. Washington St., Suite 301
Indianapolis, IN 46204
(317) 233-0696
iga.in.gov
FISCAL IMPACT STATEMENT
LS 6264 NOTE PREPARED: Nov 29, 2023
BILL NUMBER: SB 46 BILL AMENDED:
SUBJECT: Parental Rights.
FIRST AUTHOR: Sen. Brown L BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: This bill provides that a governmental entity may not substantially burden certain
parental rights unless the burden is in furtherance of a compelling governmental interest and is the least
restrictive means of furthering the governmental interest. It prohibits a governmental entity from: (1)
advising, directing, or coercing a child to withhold certain information from the child's parent; or (2) denying
a child's parent access to certain information. It allows a parent to bring an action against a governmental
entity for certain violations and provides for certain relief. It also specifies that the parent of a child does not
have a right to access certain medical care on behalf of the child if the child does not have an affirmative
right of access to such medical care.
Effective Date: July 1, 2024.
Explanation of State Expenditures: Civil Action: A person may bring a civil action for a violation of this
bill, and may seek compensatory damages, injunctive relief, declaratory relief, reasonable attorney fees and
costs, and any other appropriate relief. The Department of Child Services (DCS) may incur expenses if
ordered to pay specific relief as part of a civil action.
Explanation of State Revenues: If additional civil cases occur and court fees are collected, revenue to the
state General Fund will increase. The total revenue per case would range between $100 and $122. The
amount deposited will vary depending on whether the case is filed in a court of record or a municipal court.
The following linked document describes the fees and distribution of the revenue: Court fees imposed in
civil, probate, and small claims cases.
Explanation of Local Expenditures: Civil Action: A person may bring a civil action for a violation of this
SB 46 1 bill, and may seek compensatory damages, injunctive relief, declaratory relief, reasonable attorney fees and
costs, and any other appropriate relief. The local units or DCS contractors may incur expenses if ordered to
pay specific relief as part of a civil action.
Explanation of Local Revenues: If additional cases occur, revenue will be collected by certain local units.
If the case is filed in a court of record, the county will receive $32 and qualifying municipalities will receive
a share of $3. If the case is filed in a municipal court, the county receives $20, and the municipality will
receive $37. The following linked document describes the fees and distribution of the revenue: Court fees
imposed in civil, probate, and small claims cases.
State Agencies Affected: Department of Child Services; Office of the Attorney General.
Local Agencies Affected: Trial courts, city and town courts; local units.
Information Sources: Indiana Supreme Court, Indiana Trial Court Fee Manual
Fiscal Analyst: Corrin Harvey, 317-234-9438.
SB 46 2