1 | 1 | | |
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2 | 2 | | Introduced Version |
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3 | 3 | | SENATE BILL No. 60 |
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4 | 4 | | _____ |
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5 | 5 | | DIGEST OF INTRODUCED BILL |
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6 | 6 | | Citations Affected: IC 10-13-5; IC 31-9-2; IC 31-34-2.5; IC |
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7 | 7 | | 31-35-1.5. |
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8 | 8 | | Synopsis: Safe haven infants. Requires the Indiana clearinghouse for |
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9 | 9 | | information on missing children and missing endangered adults to |
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10 | 10 | | cooperate with licensed child placing agencies for purposes of locating |
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11 | 11 | | missing children. Amends the definition of "safe haven infant" to |
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12 | 12 | | provide that the term means any infant taken into custody by an |
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13 | 13 | | emergency medical services provider under specified circumstances. |
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14 | 14 | | Amends the definition of "abandoned infant" for purposes of juvenile |
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15 | 15 | | law to provide that the term does not include a safe haven infant. |
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16 | 16 | | Requires an emergency medical services provider who takes custody |
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17 | 17 | | of a safe haven infant at a location other than a hospital to transport the |
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18 | 18 | | safe haven infant to a hospital. Requires the department of child |
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19 | 19 | | services (department) to do the following: (1) Create and maintain: (A) |
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20 | 20 | | a means by which licensed child placing agencies may opt to receive |
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21 | 21 | | notice of a safe haven infant having been taken into custody by an |
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22 | 22 | | emergency medical services provider; and (B) a registry of licensed |
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23 | 23 | | child placing agencies that have opted to receive notice. (2) Accurately |
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24 | 24 | | track the number of safe haven infants taken into custody by emergency |
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25 | 25 | | medical services providers. Requires a licensed child placing agency |
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26 | 26 | | that assumes custody of a safe haven infant to immediately notify the |
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27 | 27 | | department that the licensed child placing agency has assumed custody |
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28 | 28 | | of the safe haven infant. Provides that if a licensed child placing agency |
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29 | 29 | | assumes custody of a safe haven infant from an emergency medical |
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30 | 30 | | services provider with which the licensed child placing agency, or an |
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31 | 31 | | employee of the licensed child placing agency, has a financial |
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32 | 32 | | relationship that could be construed as providing an incentive for the |
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33 | 33 | | emergency medical services provider to give custody of the safe haven |
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34 | 34 | | (Continued next page) |
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35 | 35 | | Effective: July 1, 2024. |
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36 | 36 | | Holdman |
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37 | 37 | | January 8, 2024, read first time and referred to Committee on Family and Children |
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38 | 38 | | Services. |
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39 | 39 | | 2024 IN 60—LS 6427/DI 119 Digest Continued |
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40 | 40 | | infant to the licensed child placing agency, the licensed child placing |
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41 | 41 | | agency: (1) may not place the safe haven infant; and (2) shall, without |
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42 | 42 | | unnecessary delay after taking custody of the safe haven infant, transfer |
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43 | 43 | | custody of the safe haven infant to the department. Provides that if the |
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44 | 44 | | department or a licensed child placing agency files a petition to |
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45 | 45 | | terminate the parent-child relationship, the petition must be |
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46 | 46 | | accompanied by an affidavit attesting to the existence of specified |
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47 | 47 | | conditions. Specifies that notice to an unnamed or unknown putative |
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48 | 48 | | parent regarding the surrender of a safe haven infant must be published |
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49 | 49 | | only in Indiana counties. Makes technical corrections. |
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50 | 50 | | 2024 IN 60—LS 6427/DI 1192024 IN 60—LS 6427/DI 119 Introduced |
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51 | 51 | | Second Regular Session of the 123rd General Assembly (2024) |
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52 | 52 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
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53 | 53 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
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54 | 54 | | additions will appear in this style type, and deletions will appear in this style type. |
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55 | 55 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
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56 | 56 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
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57 | 57 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
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58 | 58 | | a new provision to the Indiana Code or the Indiana Constitution. |
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59 | 59 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
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60 | 60 | | between statutes enacted by the 2023 Regular Session of the General Assembly. |
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61 | 61 | | SENATE BILL No. 60 |
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62 | 62 | | A BILL FOR AN ACT to amend the Indiana Code concerning |
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63 | 63 | | family law and juvenile law. |
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64 | 64 | | Be it enacted by the General Assembly of the State of Indiana: |
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65 | 65 | | 1 SECTION 1. IC 10-13-5-6, AS AMENDED BY P.L.43-2009, |
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66 | 66 | | 2 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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67 | 67 | | 3 JULY 1, 2024]: Sec. 6. (a) The superintendent shall designate staff |
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68 | 68 | | 4 responsible for the operation of the clearinghouse. |
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69 | 69 | | 5 (b) The staff's duties include the following: |
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70 | 70 | | 6 (1) Creation and operation of an intrastate network of |
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71 | 71 | | 7 communication designed for the speedy collection and processing |
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72 | 72 | | 8 of information concerning missing children and missing |
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73 | 73 | | 9 endangered adults. |
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74 | 74 | | 10 (2) Creation and operation of a central data storage, retrieval, and |
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75 | 75 | | 11 information distribution system designed for the exchange of |
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76 | 76 | | 12 information on missing children and missing endangered adults |
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77 | 77 | | 13 within and outside Indiana. The system must be capable of |
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78 | 78 | | 14 interacting with: |
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79 | 79 | | 15 (A) the Indiana data and communication system under |
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80 | 80 | | 2024 IN 60—LS 6427/DI 119 2 |
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81 | 81 | | 1 IC 10-13-3-35; and |
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82 | 82 | | 2 (B) the National Crime Information Center. |
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83 | 83 | | 3 (3) Development of appropriate forms for the reporting of missing |
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84 | 84 | | 4 children and missing endangered adults that may be used by law |
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85 | 85 | | 5 enforcement agencies and private citizens to provide useful |
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86 | 86 | | 6 information about a missing child or a missing endangered adult |
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87 | 87 | | 7 to the clearinghouse. |
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88 | 88 | | 8 (4) Coordinating efforts to locate missing children and |
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89 | 89 | | 9 missing endangered adults in cooperation: with the following |
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90 | 90 | | 10 agencies concerning the location of missing children and missing |
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91 | 91 | | 11 endangered adults: |
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92 | 92 | | 12 (A) with: |
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93 | 93 | | 13 (A) (i) state and local public and private nonprofit agencies |
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94 | 94 | | 14 involved with the location and recovery of missing persons; |
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95 | 95 | | 15 (B) (ii) agencies of the federal government; and |
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96 | 96 | | 16 (C) (iii) state and local law enforcement agencies within and |
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97 | 97 | | 17 outside Indiana; |
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98 | 98 | | 18 concerning the location of missing children and missing |
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99 | 99 | | 19 endangered adults; and |
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100 | 100 | | 20 (B) with child placing agencies licensed under IC 31-27-6 |
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101 | 101 | | 21 concerning the location of missing children. |
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102 | 102 | | 22 (5) Coordinating efforts to locate missing children and missing |
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103 | 103 | | 23 endangered adults with the agencies listed in subdivision (4). |
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104 | 104 | | 24 (6) (5) Operation of the toll free telephone line created under |
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105 | 105 | | 25 section 7(a) of this chapter. |
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106 | 106 | | 26 (7) (6) Publishing and updating, on a quarterly basis, a directory |
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107 | 107 | | 27 of missing children and missing endangered adults. |
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108 | 108 | | 28 (8) (7) Compiling statistics on missing children and missing |
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109 | 109 | | 29 endangered adult cases handled by the clearinghouse, including |
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110 | 110 | | 30 the number of cases resolved each year. |
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111 | 111 | | 31 SECTION 2. IC 10-13-5-7, AS AMENDED BY P.L.56-2023, |
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112 | 112 | | 32 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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113 | 113 | | 33 JULY 1, 2024]: Sec. 7. (a) The clearinghouse shall do the following: |
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114 | 114 | | 34 (1) Collect, process, and maintain identification and investigative |
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115 | 115 | | 35 information to aid in finding missing children and missing |
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116 | 116 | | 36 endangered adults. |
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117 | 117 | | 37 (2) Establish a statewide, toll free telephone line for the reporting: |
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118 | 118 | | 38 (A) of missing children and missing endangered adults; and |
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119 | 119 | | 39 (B) of sightings of missing children and missing endangered |
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120 | 120 | | 40 adults. |
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121 | 121 | | 41 (3) Prescribe a uniform reporting form concerning missing |
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122 | 122 | | 42 children and missing endangered adults for use by law |
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123 | 123 | | 2024 IN 60—LS 6427/DI 119 3 |
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124 | 124 | | 1 enforcement agencies within Indiana. |
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125 | 125 | | 2 (4) Assist in training law enforcement and other professionals on |
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126 | 126 | | 3 issues relating to missing children and missing endangered adults. |
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127 | 127 | | 4 (5) Operate a resource center of information regarding the |
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128 | 128 | | 5 prevention of: |
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129 | 129 | | 6 (A) the abduction of children; and |
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130 | 130 | | 7 (B) the sexual exploitation of children. |
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131 | 131 | | 8 (6) Distribute the quarterly directory prepared under section |
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132 | 132 | | 9 6(b)(7) 6(b)(6) of this chapter to schools and hospitals. |
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133 | 133 | | 10 (7) Distribute the quarterly directory described in subdivision (6) |
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134 | 134 | | 11 to child care centers and child care homes that make an annual |
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135 | 135 | | 12 contribution of four dollars ($4) to the clearinghouse. The |
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136 | 136 | | 13 contributions must be used to help defray the cost of publishing |
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137 | 137 | | 14 the quarterly directory. |
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138 | 138 | | 15 (b) For a missing child who was born in Indiana, the clearinghouse |
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139 | 139 | | 16 shall notify the vital statistics division of the Indiana department of |
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140 | 140 | | 17 health: |
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141 | 141 | | 18 (1) within fifteen (15) days after receiving a report under |
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142 | 142 | | 19 IC 31-36-1-3 (or IC 31-6-13-4 before its repeal) of a missing child |
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143 | 143 | | 20 less than thirteen (13) years of age; and |
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144 | 144 | | 21 (2) promptly after the clearinghouse is notified that a missing |
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145 | 145 | | 22 child has been found. |
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146 | 146 | | 23 (c) Upon receiving notification under subsection (b) that a child is |
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147 | 147 | | 24 missing or has been found, the vital statistics division of the Indiana |
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148 | 148 | | 25 department of health shall notify the local health department or the |
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149 | 149 | | 26 health and hospital corporation that has jurisdiction over the area where |
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150 | 150 | | 27 the child was born. |
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151 | 151 | | 28 (d) Information collected, processed, or maintained by the |
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152 | 152 | | 29 clearinghouse under subsection (a) is confidential and is not subject to |
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153 | 153 | | 30 IC 5-14-3, but may be disclosed by the clearinghouse for purposes of |
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154 | 154 | | 31 locating missing children and missing endangered adults. |
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155 | 155 | | 32 SECTION 3. IC 31-9-2-0.5, AS AMENDED BY P.L.128-2012, |
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156 | 156 | | 33 SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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157 | 157 | | 34 JULY 1, 2024]: Sec. 0.5. (a) "Abandoned infant", for purposes of |
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158 | 158 | | 35 IC 31-34-21-5.6, means |
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159 | 159 | | 36 (1) a child who is less than twelve (12) months of age and whose |
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160 | 160 | | 37 parent, guardian, or custodian has knowingly or intentionally left |
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161 | 161 | | 38 the child in: |
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162 | 162 | | 39 (A) (1) an environment that endangers the child's life or health; or |
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163 | 163 | | 40 (B) (2) a hospital or medical facility; |
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164 | 164 | | 41 and has no reasonable plan to assume the care, custody, and control of |
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165 | 165 | | 42 the child. or |
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166 | 166 | | 2024 IN 60—LS 6427/DI 119 4 |
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167 | 167 | | 1 (2) a child who is, or who appears to be, not more than thirty (30) |
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168 | 168 | | 2 days of age and whose parent: |
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169 | 169 | | 3 (A) has knowingly or intentionally left the child with an |
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170 | 170 | | 4 emergency medical services provider; and |
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171 | 171 | | 5 (B) did not express an intent to return for the child. |
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172 | 172 | | 6 (b) The term does not include a safe haven infant. |
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173 | 173 | | 7 SECTION 4. IC 31-9-2-113.1, AS ADDED BY P.L.45-2023, |
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174 | 174 | | 8 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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175 | 175 | | 9 JULY 1, 2024]: Sec. 113.1. "Safe haven infant", for purposes of |
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176 | 176 | | 10 IC 31-34 and IC 31-35, means a child |
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177 | 177 | | 11 (1) who is, or appears to be, not more than thirty (30) days of age; |
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178 | 178 | | 12 and |
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179 | 179 | | 13 (2) who has been voluntarily left: |
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180 | 180 | | 14 (A) by a parent with taken into custody by an emergency |
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181 | 181 | | 15 medical services provider (as defined in IC 16-41-10-1); or |
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182 | 182 | | 16 (B) in a newborn safety device; |
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183 | 183 | | 17 under IC 31-34-2.5-1. |
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184 | 184 | | 18 SECTION 5. IC 31-34-2.5-1, AS AMENDED BY P.L.45-2023, |
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185 | 185 | | 19 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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186 | 186 | | 20 JULY 1, 2024]: Sec. 1. (a) An emergency medical services provider (as |
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187 | 187 | | 21 defined in IC 16-41-10-1) shall, without a court order, take custody of |
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188 | 188 | | 22 a child who is, or who appears to be, not more than thirty (30) days of |
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189 | 189 | | 23 age if except as provided in subsection (h), the child is voluntarily left: |
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190 | 190 | | 24 (1) with the provider by the child's parent; |
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191 | 191 | | 25 (2) in a newborn safety device that: |
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192 | 192 | | 26 (A) has been approved by a hospital licensed under IC 16-21; |
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193 | 193 | | 27 (B) is physically located inside a hospital that is staffed |
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194 | 194 | | 28 continuously on a twenty-four (24) hour basis every day to |
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195 | 195 | | 29 provide care to patients in an emergency; and |
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196 | 196 | | 30 (C) is located in an area that is conspicuous and visible to |
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197 | 197 | | 31 hospital staff; |
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198 | 198 | | 32 (3) in a newborn safety device that was installed on or before |
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199 | 199 | | 33 January 1, 2017, and is located at a site that is staffed by an |
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200 | 200 | | 34 emergency medical services provider (as defined in |
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201 | 201 | | 35 IC 16-41-10-1); |
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202 | 202 | | 36 (4) in a newborn safety device that: |
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203 | 203 | | 37 (A) is located at a facility, fire department, or emergency |
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204 | 204 | | 38 medical services station that: |
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205 | 205 | | 39 (i) is staffed by an emergency medical services provider (as |
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206 | 206 | | 40 defined in IC 16-41-10-1) on a twenty-four (24) hour seven |
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207 | 207 | | 41 (7) day a week basis; and |
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208 | 208 | | 42 (ii) has a dual alarm system to dispatch the nearest |
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209 | 209 | | 2024 IN 60—LS 6427/DI 119 5 |
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210 | 210 | | 1 emergency medical services provider to retrieve the |
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211 | 211 | | 2 newborn infant if all emergency medical services providers |
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212 | 212 | | 3 are dispatched to an emergency; |
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213 | 213 | | 4 (B) is located in an area that is conspicuous and visible to |
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214 | 214 | | 5 staff; and |
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215 | 215 | | 6 (C) includes an adequate dual alarm system connected to the |
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216 | 216 | | 7 site that is tested at least one (1) time per month to ensure the |
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217 | 217 | | 8 alarm system is in working order; |
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218 | 218 | | 9 (5) in a newborn safety device that: |
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219 | 219 | | 10 (A) is located at a volunteer fire department that: |
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220 | 220 | | 11 (i) meets the minimum response time established by the |
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221 | 221 | | 12 county, not to exceed four (4) minutes; and |
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222 | 222 | | 13 (ii) is located within one (1) mile of a hospital, police |
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223 | 223 | | 14 station, or emergency medical services station that is staffed |
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224 | 224 | | 15 on a twenty-four (24) hour per day, seven (7) day a week |
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225 | 225 | | 16 basis with full-time personnel who hold a valid |
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226 | 226 | | 17 cardiopulmonary resuscitation certification and that meets |
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227 | 227 | | 18 the minimum response time established by the county, not |
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228 | 228 | | 19 to exceed four (4) minutes; |
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229 | 229 | | 20 (B) is equipped with an alert system: |
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230 | 230 | | 21 (i) that, when the newborn safety device is opened, |
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231 | 231 | | 22 automatically connects to the 911 system and transmits a |
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232 | 232 | | 23 request for immediate dispatch of an emergency medical |
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233 | 233 | | 24 services provider (as defined in IC 16-41-10-1) to the |
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234 | 234 | | 25 location of the newborn safety device; and |
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235 | 235 | | 26 (ii) that is tested at least one (1) time per month to ensure |
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236 | 236 | | 27 the alert system is in working order; and |
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237 | 237 | | 28 (C) is equipped with a video surveillance system that allows |
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238 | 238 | | 29 members of a fire department to monitor the inside of the |
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239 | 239 | | 30 newborn safety device twenty-four (24) hours a day and that: |
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240 | 240 | | 31 (i) has at least two (2) firefighters who are responsible for |
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241 | 241 | | 32 monitoring the inside of the newborn safety device |
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242 | 242 | | 33 twenty-four (24) hours a day; and |
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243 | 243 | | 34 (ii) is an independent surveillance system from the alert |
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244 | 244 | | 35 system described in clause (B); or |
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245 | 245 | | 36 (6) with medical staff after delivery in a hospital or other medical |
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246 | 246 | | 37 facility when the child's parent notifies the medical staff that the |
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247 | 247 | | 38 parent is voluntarily relinquishing the child; |
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248 | 248 | | 39 and the parent does not express an intent to return for the child. |
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249 | 249 | | 40 (b) An emergency medical services provider who takes custody of |
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250 | 250 | | 41 a child under this section shall perform any act necessary to protect the |
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251 | 251 | | 42 child's physical health or safety. An emergency medical services |
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252 | 252 | | 2024 IN 60—LS 6427/DI 119 6 |
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253 | 253 | | 1 provider who takes custody of a child under this section at a |
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254 | 254 | | 2 location other than a hospital shall transport the child to a hospital. |
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255 | 255 | | 3 (c) Any person who in good faith voluntarily leaves a child: |
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256 | 256 | | 4 (1) with an emergency medical services provider; |
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257 | 257 | | 5 (2) in a newborn safety device described in this section; or |
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258 | 258 | | 6 (3) with medical staff as described in subsection (a)(6); |
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259 | 259 | | 7 is not obligated to disclose the parent's name or the person's name. |
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260 | 260 | | 8 (d) The following are immune from civil liability, unless the act or |
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261 | 261 | | 9 omission constitutes gross negligence or willful or wanton misconduct: |
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262 | 262 | | 10 (1) An: |
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263 | 263 | | 11 (A) emergency medical services provider; or |
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264 | 264 | | 12 (B) employee of an emergency medical services provider; |
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265 | 265 | | 13 for an act or omission relating to taking custody of a child under |
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266 | 266 | | 14 subsection (a). |
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267 | 267 | | 15 (2) A: |
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268 | 268 | | 16 (A) medical staff person; or |
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269 | 269 | | 17 (B) hospital or other medical facility; |
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270 | 270 | | 18 for an act or omission relating to taking custody of a child under |
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271 | 271 | | 19 subsection (a)(6). |
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272 | 272 | | 20 (e) A hospital that approves the operation of a newborn safety |
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273 | 273 | | 21 device that meets the requirements set forth in subsection (a)(2) is |
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274 | 274 | | 22 immune from civil liability for an act or omission relating to the |
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275 | 275 | | 23 operation of the newborn safety device unless the act or omission |
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276 | 276 | | 24 constitutes gross negligence or willful or wanton misconduct. |
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277 | 277 | | 25 (f) A newborn safety device described in subsection (a)(3) may |
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278 | 278 | | 26 continue to operate without meeting the conditions set forth in |
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279 | 279 | | 27 subsection (a)(2). |
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280 | 280 | | 28 (g) A: |
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281 | 281 | | 29 (1) facility, fire department, or emergency medical services |
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282 | 282 | | 30 station or an employee of a facility, fire department, or emergency |
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283 | 283 | | 31 medical services station that meets the requirements set forth in |
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284 | 284 | | 32 subsection (a)(4); or |
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285 | 285 | | 33 (2) volunteer fire department or a member of a volunteer fire |
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286 | 286 | | 34 department that meets the requirements set forth in subsection |
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287 | 287 | | 35 (a)(5); |
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288 | 288 | | 36 is immune from civil liability for an act or omission relating to the |
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289 | 289 | | 37 operation of the newborn safety device unless the act or omission |
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290 | 290 | | 38 constitutes gross negligence or willful or wanton misconduct. |
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291 | 291 | | 39 (h) Due to extenuating circumstances, if a child's parent or a person |
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292 | 292 | | 40 is unable to give up custody of the child as described in subsection (a), |
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293 | 293 | | 41 the child's parent or the person may request that an emergency medical |
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294 | 294 | | 42 services provider (as defined in IC 16-41-10-1) take custody of the |
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295 | 295 | | 2024 IN 60—LS 6427/DI 119 7 |
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296 | 296 | | 1 child by: |
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297 | 297 | | 2 (1) dialing the 911 emergency call number; and |
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298 | 298 | | 3 (2) staying with the child until an emergency medical services |
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299 | 299 | | 4 provider (as defined in IC 16-41-10-1) arrives to take custody of |
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300 | 300 | | 5 the child. |
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301 | 301 | | 6 The emergency medical dispatch agency (as defined in IC 16-31-3.5-1) |
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302 | 302 | | 7 or the emergency medical services provider (as defined in |
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303 | 303 | | 8 IC 16-41-10-1) shall inform the child's parent or the person described |
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304 | 304 | | 9 in this subsection of the ability to remain anonymous as described in |
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305 | 305 | | 10 subsection (c). |
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306 | 306 | | 11 SECTION 6. IC 31-34-2.5-2, AS AMENDED BY P.L.45-2023, |
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307 | 307 | | 12 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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308 | 308 | | 13 JULY 1, 2024]: Sec. 2. (a) Immediately after an emergency medical |
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309 | 309 | | 14 services provider takes custody of a safe haven infant under section 1 |
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310 | 310 | | 15 of this chapter, the provider shall notify either: |
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311 | 311 | | 16 (1) the department of child services; or |
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312 | 312 | | 17 (2) a licensed child placing agency that has opted under section |
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313 | 313 | | 18 2.1 of this chapter to receive notices under this section; |
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314 | 314 | | 19 that the provider has taken custody of the safe haven infant. |
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315 | 315 | | 20 (b) If notified under subsection (a), the department of child services |
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316 | 316 | | 21 or a licensed child placing agency shall: |
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317 | 317 | | 22 (1) assume the care, control, and custody of the safe haven infant |
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318 | 318 | | 23 immediately after receiving notice under subsection (a); |
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319 | 319 | | 24 (2) not later than forty-eight (48) hours after the department of |
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320 | 320 | | 25 child services or a licensed child placing agency has taken |
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321 | 321 | | 26 custody of the safe haven infant, contact the Indiana |
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322 | 322 | | 27 clearinghouse for information on missing children and missing |
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323 | 323 | | 28 endangered adults established by IC 10-13-5-5 and the National |
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324 | 324 | | 29 Center for Missing and Exploited Children to determine if the |
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325 | 325 | | 30 safe haven infant has been reported missing; and |
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326 | 326 | | 31 (3) fifteen (15) days after the department of child services or a |
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327 | 327 | | 32 licensed child placing agency has taken custody of the safe haven |
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328 | 328 | | 33 infant, contact the National Center for Missing and Exploited |
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329 | 329 | | 34 Children a second time to determine if the safe haven infant has |
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330 | 330 | | 35 been reported missing. |
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331 | 331 | | 36 SECTION 7. IC 31-34-2.5-2.1 IS ADDED TO THE INDIANA |
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332 | 332 | | 37 CODE AS A NEW SECTION TO READ AS FOLLOWS |
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333 | 333 | | 38 [EFFECTIVE JULY 1, 2024]: Sec. 2.1. The department shall create |
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334 | 334 | | 39 and maintain: |
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335 | 335 | | 40 (1) a means by which a licensed child placing agency may opt |
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336 | 336 | | 41 to receive notifications from emergency medical services |
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337 | 337 | | 42 providers under section 2 of this chapter; |
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338 | 338 | | 2024 IN 60—LS 6427/DI 119 8 |
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339 | 339 | | 1 (2) a registry of licensed child placing agencies that have |
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340 | 340 | | 2 opted to receive notifications from emergency medical |
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341 | 341 | | 3 services providers under section 2 of this chapter; and |
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342 | 342 | | 4 (3) a means by which an emergency medical services provider |
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343 | 343 | | 5 may access the registry created under subdivision (2). |
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344 | 344 | | 6 SECTION 8. IC 31-34-2.5-3, AS AMENDED BY P.L.45-2023, |
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345 | 345 | | 7 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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346 | 346 | | 8 JULY 1, 2024]: Sec. 3. A safe haven infant for whom: |
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347 | 347 | | 9 (1) the department of child services; or |
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348 | 348 | | 10 (2) a licensed child placing agency; |
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349 | 349 | | 11 assumes care, control, and custody under section 2 of this chapter shall |
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350 | 350 | | 12 be treated as a child taken into custody without a court order, except |
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351 | 351 | | 13 that efforts to locate the safe haven infant's parents or reunify the safe |
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352 | 352 | | 14 haven infant's family are not necessary, if the court makes a finding to |
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353 | 353 | | 15 that effect under IC 31-34-21-5.6(b)(5). IC 31-34-21-5.6(b)(6). |
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354 | 354 | | 16 SECTION 9. IC 31-34-2.5-5, AS ADDED BY P.L.45-2023, |
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355 | 355 | | 17 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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356 | 356 | | 18 JULY 1, 2024]: Sec. 5. (a) Subject to section 5.1 of this chapter, if a |
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357 | 357 | | 19 licensed child placing agency assumes custody of a safe haven infant |
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358 | 358 | | 20 under section 2 of this chapter, the licensed child placing agency shall |
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359 | 359 | | 21 do the following: |
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360 | 360 | | 22 (1) Immediately notify the department that the licensed child |
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361 | 361 | | 23 placing agency has assumed custody of the safe haven infant. |
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362 | 362 | | 24 (1) (2) Without unnecessary delay, place the safe haven infant in |
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363 | 363 | | 25 a preapproved adoptive home with a prospective adoptive parent |
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364 | 364 | | 26 who intends to adopt the safe haven infant. |
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365 | 365 | | 27 (2) (3) File a petition to terminate the parent-child relationship |
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366 | 366 | | 28 under IC 31-35-1.5. |
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367 | 367 | | 29 (b) The department shall create and maintain a means by which |
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368 | 368 | | 30 a licensed child placing agency may provide notice to the |
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369 | 369 | | 31 department under subsection (a). |
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370 | 370 | | 32 SECTION 10. IC 31-34-2.5-5.1 IS ADDED TO THE INDIANA |
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371 | 371 | | 33 CODE AS A NEW SECTION TO READ AS FOLLOWS |
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372 | 372 | | 34 [EFFECTIVE JULY 1, 2024]: Sec. 5.1. (a) For purposes of this |
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373 | 373 | | 35 section, a licensed child placing agency has a prohibited financial |
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374 | 374 | | 36 relationship with an emergency medical services provider if, at the |
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375 | 375 | | 37 time the licensed child placing agency assumes custody of a safe |
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376 | 376 | | 38 haven infant from the emergency medical services provider, the |
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377 | 377 | | 39 licensed child placing agency or an employee of the licensed child |
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378 | 378 | | 40 placing agency: |
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379 | 379 | | 41 (1) is engaged in a financial relationship with the emergency |
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380 | 380 | | 42 medical services provider; or |
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381 | 381 | | 2024 IN 60—LS 6427/DI 119 9 |
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382 | 382 | | 1 (2) has made a gift or donation to the emergency medical |
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383 | 383 | | 2 services provider; |
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384 | 384 | | 3 that could be construed as providing an incentive for the |
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385 | 385 | | 4 emergency medical services provider to give custody of the safe |
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386 | 386 | | 5 haven infant to the licensed child placing agency. |
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387 | 387 | | 6 (b) If a licensed child placing agency assumes custody of a safe |
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388 | 388 | | 7 haven infant from an emergency medical services provider with |
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389 | 389 | | 8 which the licensed child placing agency has a prohibited financial |
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390 | 390 | | 9 relationship, the licensed child placing agency: |
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391 | 391 | | 10 (1) may not place the safe haven infant under section 5 of this |
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392 | 392 | | 11 chapter; and |
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393 | 393 | | 12 (2) shall, without unnecessary delay after the licensed child |
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394 | 394 | | 13 placing agency knows, or reasonably should know, that the |
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395 | 395 | | 14 licensed child placing agency has a prohibited financial |
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396 | 396 | | 15 relationship with the emergency medical services provider, |
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397 | 397 | | 16 transfer custody of the safe haven infant to the department. |
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398 | 398 | | 17 (c) A gift made by an employee of a licensed child placing |
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399 | 399 | | 18 agency to an individual who is: |
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400 | 400 | | 19 (1) an employee of an emergency medical services provider; |
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401 | 401 | | 20 and |
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402 | 402 | | 21 (2) a family or household member of the employee of the |
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403 | 403 | | 22 licensed child placing agency; |
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404 | 404 | | 23 is not a gift to the emergency medical services provider for |
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405 | 405 | | 24 purposes of subsection (a)(2). |
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406 | 406 | | 25 SECTION 11. IC 31-34-2.5-7 IS ADDED TO THE INDIANA |
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407 | 407 | | 26 CODE AS A NEW SECTION TO READ AS FOLLOWS |
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408 | 408 | | 27 [EFFECTIVE JULY 1, 2024]: Sec. 7. The department shall |
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409 | 409 | | 28 accurately track the number of children taken into custody under |
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410 | 410 | | 29 this chapter. |
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411 | 411 | | 30 SECTION 12. IC 31-35-1.5-4, AS ADDED BY P.L.45-2023, |
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412 | 412 | | 31 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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413 | 413 | | 32 JULY 1, 2024]: Sec. 4. (a) The: |
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414 | 414 | | 33 (1) department's attorney; or |
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415 | 415 | | 34 (2) licensed child placing agency; |
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416 | 416 | | 35 shall sign and file a verified petition for the termination of the |
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417 | 417 | | 36 parent-child relationship not more than fifteen (15) days after taking |
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418 | 418 | | 37 custody of a safe haven infant. |
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419 | 419 | | 38 (b) The petition must: |
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420 | 420 | | 39 (1) be entitled "In the Matter of the Termination of the |
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421 | 421 | | 40 Parent-Child Relationship of ____________, a Safe Haven |
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422 | 422 | | 41 Infant"; and |
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423 | 423 | | 42 (2) allege that the: |
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424 | 424 | | 2024 IN 60—LS 6427/DI 119 10 |
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425 | 425 | | 1 (A) child was left in a newborn safety device or by a parent |
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426 | 426 | | 2 with an emergency medical services provider; and |
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427 | 427 | | 3 (B) termination of the parent-child relationship is: |
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428 | 428 | | 4 (i) in the child's best interest; and |
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429 | 429 | | 5 (ii) in furtherance of an adoption. |
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430 | 430 | | 6 (c) At the time the department's attorney files a verified petition |
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431 | 431 | | 7 described in under subsection (a), is filed: (1) the department's |
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432 | 432 | | 8 attorney shall also file: |
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433 | 433 | | 9 (1) a permanency plan for the safe haven infant; or and |
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434 | 434 | | 10 (2) an affidavit attesting that: |
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435 | 435 | | 11 (A) the department has contacted the Indiana |
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436 | 436 | | 12 clearinghouse for information on missing children and |
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437 | 437 | | 13 missing endangered adults and the National Center for |
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438 | 438 | | 14 Missing and Exploited Children as required under |
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439 | 439 | | 15 IC 31-34-2.5-2(b); and |
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440 | 440 | | 16 (B) neither the Indiana clearinghouse for information on |
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441 | 441 | | 17 missing children and missing endangered adults nor the |
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442 | 442 | | 18 National Center for Missing and Exploited Children has |
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443 | 443 | | 19 notified the department that the safe haven infant has been |
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444 | 444 | | 20 reported missing. |
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445 | 445 | | 21 (2) (d) the At the time a licensed child placing agency files a |
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446 | 446 | | 22 verified petition under subsection (a), the licensed child placing |
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447 | 447 | | 23 agency shall also file: |
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448 | 448 | | 24 (1) a recommendation in support of the prospective adoptive |
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449 | 449 | | 25 parent with whom the safe haven infant is placed; and |
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450 | 450 | | 26 (2) an affidavit: |
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451 | 451 | | 27 (A) attesting that: |
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452 | 452 | | 28 (i) the licensed child placing agency has contacted the |
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453 | 453 | | 29 Indiana clearinghouse for information on missing |
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454 | 454 | | 30 children and missing endangered adults and the National |
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455 | 455 | | 31 Center for Missing and Exploited Children as required |
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456 | 456 | | 32 under IC 31-34-2.5-2(b); and |
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457 | 457 | | 33 (ii) neither the Indiana clearinghouse for information on |
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458 | 458 | | 34 missing children and missing endangered adults nor the |
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459 | 459 | | 35 National Center for Missing and Exploited Children has |
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460 | 460 | | 36 notified the licensed child placing agency that the safe |
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461 | 461 | | 37 haven infant has been reported missing; and |
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462 | 462 | | 38 (B) attesting that the licensed child placing agency or an |
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463 | 463 | | 39 employee of the licensed child placing agency does not have |
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464 | 464 | | 40 a financial relationship with the emergency medical |
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465 | 465 | | 41 services provider from which the licensed child placing |
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466 | 466 | | 42 agency assumed custody of the safe haven infant, as |
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467 | 467 | | 2024 IN 60—LS 6427/DI 119 11 |
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468 | 468 | | 1 described in IC 31-34-2.5-5.1. |
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469 | 469 | | 2 SECTION 13. IC 31-35-1.5-6, AS ADDED BY P.L.45-2023, |
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470 | 470 | | 3 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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471 | 471 | | 4 JULY 1, 2024]: Sec. 6. Notice given to an unnamed or unknown |
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472 | 472 | | 5 putative parent under section 5 of this chapter must be published once |
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473 | 473 | | 6 a week for three (3) consecutive weeks in the print edition or electronic |
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474 | 474 | | 7 edition of a newspaper of general circulation in: |
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475 | 475 | | 8 (1) the county in which the safe haven infant was voluntarily |
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476 | 476 | | 9 surrendered; and |
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477 | 477 | | 10 (2) each Indiana county that is contiguous county to the county |
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478 | 478 | | 11 described in subdivision (1). |
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479 | 479 | | 2024 IN 60—LS 6427/DI 119 |
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