*SB0169.1*
January 30, 2024
SENATE BILL No. 169
_____
DIGEST OF SB 169 (Updated January 29, 2024 10:37 am - DI 119)
Citations Affected: IC 31-9; IC 31-27; noncode.
Synopsis: Child caring institutions and group homes. Requires
specified types of residential child care facilities to: (1) implement
specified personnel policies, including with regard to: (A) minimum
qualifications for specified employee classifications; and (B)
maintenance of personnel records; (2) comply with specified
restrictions on caseloads; (3) obtain specified health records,
immunizations, and examinations for each child under the facility's
care; and (4) follow specified processes in providing medical care for
children in the facility's care, including with regard to administering
psychotropic medications. Makes conforming changes.
Effective: July 1, 2024.
Walker G, Johnson T
January 8, 2024, read first time and referred to Committee on Family and Children
Services.
January 29, 2024, amended, reported favorably — Do Pass.
SB 169—LS 6637/DI 148 January 30, 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. 169
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 31-9-2-11, AS AMENDED BY P.L.146-2006,
2 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2024]: Sec. 11. "Caseworker", for purposes of the juvenile law
4 (excluding IC 31-27), means an employee of the department of child
5 services who is classified as a family case manager.
6 SECTION 2. IC 31-9-2-43.6 IS ADDED TO THE INDIANA CODE
7 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
8 1, 2024]: Sec. 43.6. "Emergency shelter", for purposes of IC 31-27,
9 means a short term place of residence, other than a private secure
10 facility, that:
11 (1) is not locked to prevent a child's departure unless the
12 administrator determines that locking is necessary to protect
13 the child's health; and
14 (2) provides twenty-four (24) hours a day temporary care for
15 not more than sixty (60) consecutive days to an individual
16 child who is six (6) years of age or older admitted on an
17 emergency basis.
SB 169—LS 6637/DI 148 2
1 SECTION 3. IC 31-9-2-96.5 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2024]: Sec. 96.5. (a) Except as provided in subsection (b),
4 "private secure facility", for purposes of the juvenile law, means
5 the following:
6 (1) A facility that is licensed under IC 31-27 to operate as a
7 private secure facility.
8 (2) A private facility that is licensed in another state to
9 provide residential care and treatment to one (1) or more
10 children in a secure facility other than a detention center,
11 prison, jail, or similar correctional facility.
12 (b) "Private secure facility", for purposes of IC 31-27, means a
13 private secure facility other than the following:
14 (1) A juvenile detention facility established under IC 31-31-8
15 or IC 31-31-9 (or IC 31-6-9-5 or IC 31-6-9.5 before their
16 repeal).
17 (2) A facility operated by the department of correction.
18 (3) A county jail.
19 (4) A detention center operated by a county sheriff.
20 SECTION 4. IC 31-27-6-15.5 IS ADDED TO THE INDIANA
21 CODE AS A NEW SECTION TO READ AS FOLLOWS
22 [EFFECTIVE JULY 1, 2024]: Sec. 15.5. (a) A child placing agency
23 shall establish minimum qualifications for each classification of
24 employee. The standards in subsections (b) through (e) must be
25 used as a guide by each child placing agency in establishing
26 minimum qualifications for the classifications of an executive, a
27 casework supervisor, a caseworker, and a worker in training, and
28 by the department in the licensing of each child placing agency.
29 (b) An executive must have the following:
30 (1) A bachelor's degree.
31 (2) At least one (1) of the following:
32 (A) Five (5) years of paid experience in a field related to
33 social work, at least two (2) years of which were:
34 (i) in social work; or
35 (ii) in a supervisory or administrative capacity in a field
36 related to social work, including working for the
37 department.
38 (B) A master's degree in social work, counseling, or a
39 related human services area and at least two (2) years of
40 paid experience:
41 (i) in social work; or
42 (ii) in a supervisory or administrative capacity in a field
SB 169—LS 6637/DI 148 3
1 related to social work, including working for the
2 department.
3 (c) A casework supervisor must have the following:
4 (1) A bachelor's degree.
5 (2) One (1) year of graduate training in social work,
6 counseling, or a related human service area of study.
7 (3) At least one (1) of the following:
8 (A) Three (3) years of supervised paid casework
9 experience, at least one (1) year of which was with a
10 licensed child placing agency or with the department.
11 (B) A master's degree from a recognized school of social
12 work and at least one (1) year of supervised paid casework
13 experience in a licensed child placing agency or with the
14 department.
15 (d) A caseworker must have the following:
16 (1) A bachelor's degree.
17 (2) At least one (1) of the following:
18 (A) Three (3) years of supervised paid casework
19 experience.
20 (B) One (1) year of supervised paid casework experience in
21 a licensed child placing agency or with the department.
22 (C) One (1) year of graduate training in a recognized
23 school of social work.
24 (e) A worker in training must have a bachelor's degree.
25 (f) A child placing agency must only employ a staff member who
26 is:
27 (1) duly qualified;
28 (2) of good moral character; and
29 (3) in satisfactory health.
30 (g) An employee who is in a position on January 1, 2012, and
31 who qualified for that position on December 31, 2011, is exempt
32 from the requirements of this section.
33 SECTION 5. IC 31-27-6-15.7 IS ADDED TO THE INDIANA
34 CODE AS A NEW SECTION TO READ AS FOLLOWS
35 [EFFECTIVE JULY 1, 2024]: Sec. 15.7. (a) The following
36 restrictions apply to caseworker caseloads:
37 (1) Except as otherwise provided in this section, a caseworker
38 may not supervise more than eighteen (18) children.
39 (2) The department shall determine the appropriate
40 caseworker to child ratio, which may be between 1:8 and 1:12
41 for children requiring enhanced supervision.
42 (3) A caseworker with a caseload, including some children
SB 169—LS 6637/DI 148 4
1 requiring enhanced supervision may not supervise more than
2 fifteen (15) children. The caseworker may, if needed, carry a
3 reduced caseload of not more than ten (10) children based on
4 the level of enhanced supervision required for the children
5 being served.
6 (b) A casework supervisor may supervise at least five (5)
7 caseworkers but not more than eight (8) caseworkers, depending
8 on the level of enhanced supervision required for the children
9 being served.
10 SECTION 6. IC 31-27-6-15.8 IS ADDED TO THE INDIANA
11 CODE AS A NEW SECTION TO READ AS FOLLOWS
12 [EFFECTIVE JULY 1, 2024]: Sec. 15.8. (a) A child placing agency
13 shall employ a sufficient number of office staff members to
14 properly maintain office administrative procedures on a current
15 basis.
16 (b) A child placing agency shall adopt specific written policies
17 regarding personnel practices affecting staff members of the
18 agency.
19 SECTION 7. IC 31-27-6-15.9 IS ADDED TO THE INDIANA
20 CODE AS A NEW SECTION TO READ AS FOLLOWS
21 [EFFECTIVE JULY 1, 2024]: Sec. 15.9. (a) A child placing agency
22 providing medical or dental care to a child in the agency's care
23 must only use:
24 (1) the services of licensed professionals; and
25 (2) the services rendered must be within the licensed
26 professional's scope of practice.
27 (b) Each child must receive a thorough physical examination
28 once the child placing agency accepts the child for placement in
29 foster care. The physical examination must be performed by a
30 licensed professional in Indiana whose scope of practice includes
31 providing physical examinations. The child placing agency shall
32 make every effort to arrange for any treatment recommended by
33 the examining licensed professional.
34 (c) Each child in foster care must receive a physical examination
35 described in subsection (b) at least one (1) time every calendar
36 year.
37 (d) Each child must receive a dental examination once the child
38 placing agency accepts the child for placement in foster care. The
39 child placing agency shall arrange for any treatment recommended
40 by the examining dentist.
41 (e) Each child in foster care must receive a dental examination
42 at least one (1) time every calendar year. However, the child
SB 169—LS 6637/DI 148 5
1 placing agency shall arrange for an additional examination and
2 any required treatment if the child's condition indicates the need.
3 (f) The child placing agency shall maintain a record of the
4 medical and dental history and treatment for each child.
5 SECTION 8. IC 31-27-8 IS ADDED TO THE INDIANA CODE AS
6 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
7 1, 2024]:
8 Chapter 8. Personnel Records and Qualifications
9 Sec. 1. For purposes of this chapter, the following definitions
10 apply:
11 (1) "Caseworker" includes staff who perform casework,
12 group work tasks, or planning of services for children and
13 their families.
14 (2) "Licensee" means a person who is licensed to operate one
15 (1) or more of the following:
16 (A) A children's home.
17 (B) A child caring institution.
18 (C) An emergency shelter care.
19 (D) A private secure facility.
20 (E) A group home.
21 (F) An emergency shelter care group home.
22 Sec. 2. (a) A caseworker shall meet one (1) of the following
23 requirements:
24 (1) Have a bachelor's degree.
25 (2) Have an associate's degree and at least two (2) years of
26 human services job experience.
27 (3) Completed thirty (30) college credit hours from an
28 accredited institution and at least four (4) years of human
29 services job experience.
30 (4) Have a high school diploma and at least five (5) years of
31 human services job experience.
32 (b) Except as provided in subsection (c), a licensee shall have at
33 least one (1) caseworker for every twenty-four (24) children in
34 care.
35 (c) A private secure facility shall have one (1) caseworker for
36 every fifteen (15) children in care.
37 (d) A licensee shall employ a supervisor for casework staff when
38 the institution employs six (6) or more caseworkers.
39 Sec. 3. (a) A licensee shall establish and maintain an individual
40 record for each staff member.
41 (b) The record must include the following information before
42 employment:
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1 (1) Application.
2 (2) Name, address, and telephone number.
3 (3) Name, address, and telephone number of the person to be
4 notified in the event of an emergency.
5 (4) Documentation of training, education, experience, and any
6 other required qualifications.
7 (5) Reference notes or reports, with evaluations of ability,
8 character, and suitability for working with children.
9 (6) Signed, notarized criminal history affidavit.
10 (c) The record must include the following information after
11 employment:
12 (1) Documentation of initial physical examination and results
13 of initial tuberculosis test.
14 (2) Annual report of tuberculosis screening results.
15 (3) Annual evaluation of employee's performance.
16 (4) Documentation of workshops or training sessions attended
17 and of courses of study successfully completed.
18 (5) Dates of employment and termination with any reason for
19 termination.
20 (6) Copies of any incident report involving the staff member.
21 Sec. 4. A licensee shall maintain the following information for
22 each volunteer:
23 (1) Name, address, and telephone number.
24 (2) Name, address, and telephone number of the person to be
25 notified in the event of emergency.
26 (3) Documentation of reference with an evaluation of the
27 following:
28 (A) Ability, character, and suitability for working with
29 children.
30 (B) Orientation and training, as required by 465
31 IAC 2-9-54 (in effect on January 1, 2023).
32 (4) Documentation of initial physical examination and annual
33 tuberculosis testing, if working in food service or having
34 direct contact with children.
35 SECTION 9. IC 31-27-9 IS ADDED TO THE INDIANA CODE AS
36 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
37 1, 2024]:
38 Chapter 9. Health Records and Medications
39 Sec. 1. For purposes of this chapter, the following definitions
40 apply:
41 (1) "Caseworker" includes staff who perform casework,
42 group work tasks, or planning of services for children and
SB 169—LS 6637/DI 148 7
1 their families.
2 (2) "Licensee" means a person who is licensed to operate one
3 (1) or more of the following:
4 (A) A children's home.
5 (B) A child caring institution.
6 (C) An emergency shelter care.
7 (D) A private secure facility.
8 (E) A group home.
9 (F) An emergency shelter care group home.
10 Sec. 2. (a) A licensee shall obtain from the placing agency or
11 placing parent a statement indicating whether or not the child has,
12 to the best of the applicant's knowledge, been exposed to a
13 communicable disease within three (3) weeks before the date of
14 admission.
15 (b) Each child must receive a health examination by a licensed
16 professional within three (3) months before admission, or not later
17 than three (3) weeks after admission. The examination must
18 include the following:
19 (1) Health history.
20 (2) Physical examination.
21 (3) Vision and hearing screening.
22 (4) A test for tuberculosis if the last such test is known to be
23 negative or if there is no record of a test. If the test is positive
24 the child shall have a diagnostic chest x-ray and other
25 indicated laboratory tests to determine whether or not the
26 disease is in an infectious state.
27 (5) A written statement from the licensed professional that in
28 the professional's opinion there is no health condition that
29 would be hazardous either to the child or to other children in
30 the child caring institution.
31 (6) A statement of the medical findings, including physical
32 defects and need for dental care, state of development, and
33 ability of the child to take part in group activities, or a
34 schedule of permitted activities if activities need to be limited.
35 (7) A health examination, including a tuberculosis screen
36 annually and a tuberculosis test whenever there is reason to
37 suspect that the child may have a condition hazardous or
38 potentially hazardous to others or whenever the child's
39 general condition indicates the need for an examination.
40 (c) Each child must receive a dental examination from a licensed
41 dentist as follows:
42 (1) Within thirty (30) days of admission unless the child
SB 169—LS 6637/DI 148 8
1 caring institution has documentation of a dental examination
2 within the six (6) months before admission.
3 (2) Annually.
4 (3) Whenever an interim condition indicates the need for
5 examination or treatment.
6 (d) Any treatment or corrective measures required by the
7 licensed professional or dentist must be arranged by the licensee,
8 as approved by a parent, legal guardian, or placing agency.
9 (e) A licensee, after attempting to determine the child's
10 immunization history, shall ensure that each child has received all
11 immunizations and booster shots which are required by the
12 Indiana department of health.
13 (f) All children must be immunized against routine childhood
14 diseases unless exempted by a licensed professional's statement.
15 (g) A child may be exempted from immunizations against
16 routine childhood diseases upon the good faith religious belief
17 statement of the parent or guardian.
18 (h) The adequate immunizing doses and the child's age for
19 administering each vaccine must be those recommended by the
20 American Academy of Pediatrics or by the Advisory Committee on
21 Immunization Practices.
22 (i) Adequate documentation of an immunization history must
23 consist of one (1) of the following:
24 (1) A licensed professional's certificate, including the number
25 and dates of doses administered.
26 (2) Immunization records forwarded from a school
27 corporation, including the number and dates of doses
28 administered.
29 (3) A record maintained by the parent or guardian showing
30 the month, day, and year during which each dose of vaccine
31 was administered.
32 (j) If a licensed professional certifies in writing that a particular
33 immunization required under this section is detrimental, or may be
34 detrimental, to the child's health, the requirements for that
35 particular immunization are not applicable for that child until the
36 immunization is found no longer to be detrimental to the child's
37 health.
38 (k) A licensee shall maintain a health record for each child. The
39 record must include the following:
40 (1) Admission and periodic health and dental examination
41 information.
42 (2) A licensed professional's written instructions with regard
SB 169—LS 6637/DI 148 9
1 to special dietary or health care required.
2 (3) Record of all medications and treatments.
3 (4) Record of observations and incidents, including accidents,
4 injuries, or any other condition which may be associated with
5 a health condition or possible abuse or neglect.
6 Sec. 3. (a) A licensee shall provide psychotropic medications to
7 a child only as prescribed by a licensed professional in Indiana:
8 (1) whose scope of work includes prescribing psychotropic
9 medications; and
10 (2) who has the responsibility for the diagnosis, treatment,
11 and therapeutic planning for the child.
12 (b) A licensee shall obtain from the prescribing licensed
13 professional a written report at least every calendar month for
14 each child receiving psychotropic medication. The written report
15 must state the reasons medication is being continued, discontinued,
16 or changed, as well as any recommended changes in the treatment
17 goals and planning. The report must be based on the licensed
18 professional's review of reports by staff as well as the
19 professional's actual observation of the child at least every three
20 (3) calendar months.
21 SECTION 10. [EFFECTIVE JULY 1, 2024] (a) The following
22 administrative rules are void:
23 (1) 465 IAC 2-2-5.
24 (2) 465 IAC 2-2-6.
25 (3) 465 IAC 2-2-11.
26 (4) 465 IAC 2-9-44.
27 (5) 465 IAC 2-9-49.
28 (6) 465 IAC 2-9-73.
29 (7) 465 IAC 2-9-75.
30 (8) 465 IAC 2-10-44.
31 (9) 465 IAC 2-10-45.
32 (10) 465 IAC 2-10-49.
33 (11) 465 IAC 2-10-73.
34 (12) 465 IAC 2-10-75.
35 (13) 465 IAC 2-11-44.
36 (14) 465 IAC 2-11-45.
37 (15) 465 IAC 2-11-49.
38 (16) 465 IAC 2-11-73.
39 (17) 465 IAC 2-11-75.
40 (18) 465 IAC 2-12-44.
41 (19) 465 IAC 2-12-45.
42 (20) 465 IAC 2-12-49.
SB 169—LS 6637/DI 148 10
1 (21) 465 IAC 2-12-71.
2 (22) 465 IAC 2-12-73.
3 (23) 465 IAC 2-13-44.
4 (24) 465 IAC 2-13-45.
5 (25) 465 IAC 2-13-49.
6 (26) 465 IAC 2-13-71.
7 (b) The publisher of the Indiana Administrative Code and
8 Indiana Register shall remove the following provisions from the
9 Indiana Administrative Code:
10 (1) 465 IAC 2-2-5.
11 (2) 465 IAC 2-2-6.
12 (3) 465 IAC 2-2-11.
13 (4) 465 IAC 2-9-44.
14 (5) 465 IAC 2-9-49.
15 (6) 465 IAC 2-9-73.
16 (7) 465 IAC 2-9-75.
17 (8) 465 IAC 2-10-44.
18 (9) 465 IAC 2-10-45.
19 (10) 465 IAC 2-10-49.
20 (11) 465 IAC 2-10-73.
21 (12) 465 IAC 2-10-75.
22 (13) 465 IAC 2-11-44.
23 (14) 465 IAC 2-11-45.
24 (15) 465 IAC 2-11-49.
25 (16) 465 IAC 2-11-73.
26 (17) 465 IAC 2-11-75.
27 (18) 465 IAC 2-12-44.
28 (19) 465 IAC 2-12-45.
29 (20) 465 IAC 2-12-49.
30 (21) 465 IAC 2-12-71.
31 (22) 465 IAC 2-12-73.
32 (23) 465 IAC 2-13-44.
33 (24) 465 IAC 2-13-45.
34 (25) 465 IAC 2-13-49.
35 (26) 465 IAC 2-13-71.
36 (c) This SECTION expires July 1, 2025.
SB 169—LS 6637/DI 148 11
COMMITTEE REPORT
Madam President: The Senate Committee on Family and Children
Services, to which was referred Senate Bill No. 169, 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 5, line 32, after "(b)" delete "A" and insert "Except as
provided in subsection (c), a".
Page 5, between lines 33 and 34, begin a new paragraph and insert:
"(c) A private secure facility shall have one (1) caseworker for
every fifteen (15) children in care.".
Page 5, line 34, delete "(c)" and insert "(d)".
and when so amended that said bill do pass.
(Reference is to SB 169 as introduced.)
WALKER G, Chairperson
Committee Vote: Yeas 8, Nays 0.
SB 169—LS 6637/DI 148