*ES0169.2*
Reprinted
March 1, 2024
ENGROSSED
SENATE BILL No. 169
_____
DIGEST OF SB 169 (Updated February 29, 2024 12:22 pm - DI 148)
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. Provides that certain individuals at least 18
years of age but less than 21 years of age are included in the definitions
for "child", "child abuse or neglect", and "victim of child abuse or
neglect". Makes conforming and technical changes.
Effective: July 1, 2024.
Walker G, Johnson T
(HOUSE SPONSORS — JUDY, DEVON, LAUER, HEINE)
January 8, 2024, read first time and referred to Committee on Family and Children
Services.
January 29, 2024, amended, reported favorably — Do Pass.
February 1, 2024, read second time, amended, ordered engrossed.
February 2, 2024, engrossed.
February 5, 2024, read third time, passed. Yeas 48, nays 0.
HOUSE ACTION
February 12, 2024, read first time and referred to Committee on Family, Children and
Human Affairs.
February 15, 2024, amended, reported — Do Pass.
February 29, 2024, read second time, amended, ordered engrossed.
ES 169—LS 6637/DI 148 Reprinted
March 1, 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.
ENGROSSED
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 31-9-2-13, AS AMENDED BY P.L.243-2019,
7 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8 JULY 1, 2024]: Sec. 13. (a) "Child", for purposes of IC 31-15, IC 31-16
9 (excluding IC 31-16-12.5), and IC 31-17, means a child or children of
10 both parties to the marriage. The term includes the following:
11 (1) Children born out of wedlock to the parties.
12 (2) Children born or adopted during the marriage of the parties.
13 (b) "Child", for purposes of the Uniform Interstate Family Support
14 Act under IC 31-18.5, has the meaning set forth in IC 31-18.5-1-2.
15 (c) "Child", for purposes of IC 31-19-5, includes an unborn child.
16 (d) Except as otherwise provided in this section, "child", for
17 purposes of the juvenile law and IC 31-27, means:
ES 169—LS 6637/DI 148 2
1 (1) a person who is less than eighteen (18) years of age;
2 (2) a person:
3 (A) who is eighteen (18), nineteen (19), or twenty (20) years
4 of age; and
5 (B) who either:
6 (i) is charged with a delinquent act committed before the
7 person's eighteenth birthday; or
8 (ii) has been adjudicated a child in need of services before
9 the person's eighteenth birthday; or
10 (3) a person:
11 (A) who is alleged to have committed an act that would have
12 been murder if committed by an adult;
13 (B) who was less than eighteen (18) years of age at the time of
14 the alleged act; and
15 (C) who is less than twenty-one (21) years of age.
16 (e) "Child", for purposes of IC 31-36-3, means a person who is less
17 than eighteen (18) years of age.
18 (f) "Child", for purposes of the Interstate Compact on Juveniles
19 under IC 31-37-23-1, has the meaning set forth in IC 31-37-23-1.
20 (g) "Child", for purposes of IC 31-16-12.5, means an individual to
21 whom child support is owed under:
22 (1) a child support order issued under IC 31-14-10 or IC 31-16-6;
23 or
24 (2) any other child support order that is enforceable under
25 IC 31-16-12.5.
26 (h) "Child", for purposes of IC 31-32-5, means an individual who is
27 less than eighteen (18) years of age.
28 (i) "Child", for purposes of the Uniform Child Custody Jurisdiction
29 Act under IC 31-21, has the meaning set forth in IC 31-21-2-3.
30 (j) "Child", for purposes of IC 31-35-2-4.5, means an individual who
31 is:
32 (1) less than eighteen (18) years of age; and
33 (2) a delinquent child or a child in need of services.
34 (k) "Child", for purposes of IC 31-33, includes an individual
35 who:
36 (1) is at least eighteen (18) years of age but less than
37 twenty-one (21) years of age; and
38 (2) resides, or has previously resided, at a residential facility
39 licensed by the department.
40 SECTION 3. IC 31-9-2-14, AS AMENDED BY P.L.46-2016,
41 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42 JULY 1, 2024]: Sec. 14. (a) "Child abuse or neglect", for purposes of
ES 169—LS 6637/DI 148 3
1 IC 31-32-11-1, IC 31-33, IC 31-34-7-4, and IC 31-39-8-4, refers to:
2 (1) a child described in IC 31-34-1-1 through IC 31-34-1-5 and
3 IC 31-34-1-8 through IC 31-34-1-11, regardless of whether the
4 child needs care, treatment, rehabilitation, or the coercive
5 intervention of a court; or
6 (2) an individual who:
7 (A) is at least eighteen (18) years of age but less than
8 twenty-one (21) years of age;
9 (B) resides, or has previously resided, at a residential
10 facility licensed by the department; and
11 (C) is harmed or threatened with harm as a result of:
12 (i) a battery offense included in IC 35-42-2; or
13 (ii) sexual activity (as defined in IC 35-42-4-13(b));
14 committed by a member of the staff at the residential
15 facility.
16 (b) For purposes of subsection (a), the term under subsection (a)
17 does not refer to a child who is alleged to be a victim of a sexual
18 offense under IC 35-42-4-3 unless the alleged offense under
19 IC 35-42-4-3 involves the fondling or touching of the buttocks,
20 genitals, or female breasts, regardless of whether the child needs care,
21 treatment, rehabilitation, or the coercive intervention of a court.
22 (c) "Child abuse or neglect", for purposes of IC 31-34-2.3, refers to
23 acts or omissions by a person against a child as described in
24 IC 31-34-1-1 through IC 31-34-1-11, regardless of whether the child
25 needs care, treatment, rehabilitation, or the coercive intervention of a
26 court.
27 SECTION 4. IC 31-9-2-43.6 IS ADDED TO THE INDIANA CODE
28 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
29 1, 2024]: Sec. 43.6. "Emergency shelter", for purposes of IC 31-27,
30 means a short term place of residence, other than a private secure
31 facility, that:
32 (1) is not locked to prevent a child's departure unless the
33 administrator determines that locking is necessary to protect
34 the child's health; and
35 (2) provides twenty-four (24) hours a day temporary care for
36 not more than sixty (60) consecutive days to an individual
37 child who is six (6) years of age or older admitted on an
38 emergency basis.
39 SECTION 5. IC 31-9-2-96.5 IS ADDED TO THE INDIANA CODE
40 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
41 1, 2024]: Sec. 96.5. (a) Except as provided in subsection (b),
42 "private secure facility", for purposes of the juvenile law, means
ES 169—LS 6637/DI 148 4
1 the following:
2 (1) A facility that is licensed under IC 31-27 to operate as a
3 private secure facility.
4 (2) A private facility that is licensed in another state to
5 provide residential care and treatment to one (1) or more
6 children in a secure facility other than a detention center,
7 prison, jail, or similar correctional facility.
8 (b) "Private secure facility", for purposes of IC 31-27, means a
9 private secure facility other than the following:
10 (1) A juvenile detention facility established under IC 31-31-8
11 or IC 31-31-9 (or IC 31-6-9-5 or IC 31-6-9.5 before their
12 repeal).
13 (2) A facility operated by the department of correction.
14 (3) A county jail.
15 (4) A detention center operated by a county sheriff.
16 SECTION 6. IC 31-9-2-133, AS AMENDED BY P.L.86-2018,
17 SECTION 216, IS AMENDED TO READ AS FOLLOWS
18 [EFFECTIVE JULY 1, 2024]: Sec. 133. (a) "Victim of child abuse or
19 neglect", for purposes of IC 31-32-11-1 and IC 31-33, refers to:
20 (1) a child as described in:
21 (1) (A) IC 31-34-1-1 through IC 31-34-1-5;
22 (2) (B) IC 31-34-1-10; or
23 (3) (C) IC 31-34-1-11;
24 regardless of whether the child needs care, treatment,
25 rehabilitation, or the coercive intervention of a court; or
26 (2) an individual who:
27 (A) is at least eighteen (18) years of age but less than
28 twenty-one (21) years of age;
29 (B) resides, or has previously resided, at a residential
30 facility licensed by the department; and
31 (C) is harmed or threatened with harm as a result of:
32 (i) a battery offense included in IC 35-42-2; or
33 (ii) sexual activity (as defined in IC 35-42-4-13(b));
34 committed by a member of the staff at the residential
35 facility.
36 (b) The term does not include a child who is alleged to be a victim
37 of a sexual offense under IC 35-42-4-3 unless the alleged offense under
38 IC 35-42-4-3 involves the fondling or touching of the buttocks,
39 genitals, or female breasts.
40 SECTION 7. IC 31-27-6-15.5 IS ADDED TO THE INDIANA
41 CODE AS A NEW SECTION TO READ AS FOLLOWS
42 [EFFECTIVE JULY 1, 2024]: Sec. 15.5. (a) A child placing agency
ES 169—LS 6637/DI 148 5
1 shall establish minimum qualifications for each classification of
2 employee. The standards in subsections (b) through (e) must be
3 used as a guide by each child placing agency in establishing
4 minimum qualifications for the classifications of an executive, a
5 casework supervisor, a caseworker, and a worker in training, and
6 by the department in the licensing of each child placing agency.
7 (b) An executive must have the following:
8 (1) A bachelor's degree.
9 (2) At least one (1) of the following:
10 (A) Five (5) years of paid experience in a field related to
11 social work, at least two (2) years of which were:
12 (i) in social work; or
13 (ii) in a supervisory or administrative capacity in a field
14 related to social work, including working for the
15 department.
16 (B) A master's degree in social work, counseling, or a
17 related human services area and at least two (2) years of
18 paid experience:
19 (i) in social work; or
20 (ii) in a supervisory or administrative capacity in a field
21 related to social work, including working for the
22 department.
23 (c) A casework supervisor must have the following:
24 (1) A bachelor's degree.
25 (2) One (1) year of graduate training in social work,
26 counseling, or a related human service area of study.
27 (3) At least one (1) of the following:
28 (A) Three (3) years of supervised paid casework
29 experience, at least one (1) year of which was with a
30 licensed child placing agency or with the department.
31 (B) A master's degree from a recognized school of social
32 work and at least one (1) year of supervised paid casework
33 experience in a licensed child placing agency or with the
34 department.
35 (d) A caseworker must have the following:
36 (1) A bachelor's degree.
37 (2) At least one (1) of the following:
38 (A) Three (3) years of supervised paid casework
39 experience.
40 (B) One (1) year of supervised paid casework experience in
41 a licensed child placing agency or with the department.
42 (C) One (1) year of graduate training in a recognized
ES 169—LS 6637/DI 148 6
1 school of social work.
2 (e) A worker in training must have a bachelor's degree.
3 (f) A child placing agency must only employ a staff member who
4 is:
5 (1) duly qualified;
6 (2) of good moral character; and
7 (3) in satisfactory health.
8 (g) An employee who is in a position on January 1, 2012, and
9 who qualified for that position on December 31, 2011, is exempt
10 from the requirements of this section.
11 SECTION 8. IC 31-27-6-15.7 IS ADDED TO THE INDIANA
12 CODE AS A NEW SECTION TO READ AS FOLLOWS
13 [EFFECTIVE JULY 1, 2024]: Sec. 15.7. (a) The following
14 restrictions apply to caseworker caseloads:
15 (1) Except as otherwise provided in this section, a caseworker
16 may not supervise more than eighteen (18) children.
17 (2) The department shall determine the appropriate
18 caseworker to child ratio, which may be between 1:8 and 1:12
19 for children requiring enhanced supervision.
20 (3) A caseworker with a caseload including some children
21 requiring enhanced supervision may not supervise more than
22 fifteen (15) children. The caseworker may, if needed, carry a
23 reduced caseload of not more than ten (10) children based on
24 the level of enhanced supervision required for the children
25 being served.
26 (b) A casework supervisor may supervise at least five (5)
27 caseworkers but not more than eight (8) caseworkers, depending
28 on the level of enhanced supervision required for the children
29 being served.
30 SECTION 9. IC 31-27-6-15.8 IS ADDED TO THE INDIANA
31 CODE AS A NEW SECTION TO READ AS FOLLOWS
32 [EFFECTIVE JULY 1, 2024]: Sec. 15.8. (a) A child placing agency
33 shall employ a sufficient number of office staff members to
34 properly maintain office administrative procedures on a current
35 basis.
36 (b) A child placing agency shall adopt specific written policies
37 regarding personnel practices affecting staff members of the
38 agency.
39 SECTION 10. IC 31-27-6-15.9 IS ADDED TO THE INDIANA
40 CODE AS A NEW SECTION TO READ AS FOLLOWS
41 [EFFECTIVE JULY 1, 2024]: Sec. 15.9. (a) A child placing agency
42 providing medical or dental care to a child in the agency's care
ES 169—LS 6637/DI 148 7
1 must only use the services of licensed professionals, and the
2 services rendered must be within the licensed professional's scope
3 of practice.
4 (b) Each child must receive a thorough physical examination
5 once the child placing agency accepts the child for placement in
6 foster care. The physical examination must be performed by a
7 licensed professional in Indiana whose scope of practice includes
8 providing physical examinations. The child placing agency shall
9 make every effort to arrange for any treatment recommended by
10 the examining licensed professional.
11 (c) Each child in foster care must receive a physical examination
12 described in subsection (b) at least one (1) time every calendar
13 year.
14 (d) Each child must receive a dental examination once the child
15 placing agency accepts the child for placement in foster care. The
16 child placing agency shall arrange for any treatment recommended
17 by the examining dentist.
18 (e) Each child in foster care must receive a dental examination
19 at least one (1) time every calendar year. However, the child
20 placing agency shall arrange for an additional examination and
21 any required treatment if the child's condition indicates the need.
22 (f) The child placing agency shall maintain a record of the
23 medical and dental history and treatment for each child.
24 SECTION 11. IC 31-27-8 IS ADDED TO THE INDIANA CODE
25 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
26 JULY 1, 2024]:
27 Chapter 8. Personnel Records and Qualifications
28 Sec. 1. For purposes of this chapter, the following definitions
29 apply:
30 (1) "Caseworker" includes staff who perform casework,
31 group work tasks, or planning of services for children and
32 their families.
33 (2) "Licensee" means a person who is licensed to operate one
34 (1) or more of the following:
35 (A) A children's home.
36 (B) A child caring institution.
37 (C) Emergency shelter care.
38 (D) A private secure facility.
39 (E) A group home.
40 (F) An emergency shelter care group home.
41 Sec. 2. (a) A caseworker shall meet one (1) of the following
42 requirements:
ES 169—LS 6637/DI 148 8
1 (1) Have a bachelor's degree.
2 (2) Have an associate's degree and at least two (2) years of
3 human services job experience.
4 (3) Completed thirty (30) college credit hours from an
5 accredited institution and at least four (4) years of human
6 services job experience.
7 (4) Have a high school diploma and at least five (5) years of
8 human services job experience.
9 (b) Except as provided in subsection (c), a licensee shall have at
10 least one (1) caseworker for every twenty-four (24) children in
11 care.
12 (c) A private secure facility shall have one (1) caseworker for
13 every fifteen (15) children in care.
14 (d) A licensee shall employ a supervisor for casework staff when
15 the licensee employs six (6) or more caseworkers.
16 Sec. 3. (a) A licensee shall establish and maintain an individual
17 record for each staff member.
18 (b) The record must include the following information before
19 employment:
20 (1) Application.
21 (2) Name, address, and telephone number.
22 (3) Name, address, and telephone number of the person to be
23 notified in the event of an emergency.
24 (4) Documentation of training, education, experience, and any
25 other required qualifications.
26 (5) Reference notes or reports, with evaluations of ability,
27 character, and suitability for working with children.
28 (6) Signed, notarized criminal history affidavit.
29 (c) The record must include the following information after
30 employment:
31 (1) Documentation of initial physical examination and results
32 of initial tuberculosis test.
33 (2) Annual report of tuberculosis screening results.
34 (3) Annual evaluation of staff member's performance.
35 (4) Documentation of workshops or training sessions attended
36 and of courses of study successfully completed.
37 (5) Dates of employment and termination with any reason for
38 termination.
39 (6) Copies of any incident report involving the staff member.
40 Sec. 4. A licensee shall maintain the following information for
41 each volunteer:
42 (1) Name, address, and telephone number.
ES 169—LS 6637/DI 148 9
1 (2) Name, address, and telephone number of the person to be
2 notified in the event of an emergency.
3 (3) Documentation of reference with an evaluation of the
4 following:
5 (A) Ability, character, and suitability for working with
6 children.
7 (B) Orientation and training, as required by 465
8 IAC 2-9-54 (in effect on January 1, 2023).
9 (4) Documentation of initial physical examination and annual
10 tuberculosis testing, if working in food service or having
11 direct contact with children.
12 SECTION 12. IC 31-27-9 IS ADDED TO THE INDIANA CODE
13 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
14 JULY 1, 2024]:
15 Chapter 9. Health Records and Medications
16 Sec. 1. For purposes of this chapter, the following definitions
17 apply:
18 (1) "Caseworker" includes staff who perform casework,
19 group work tasks, or planning of services for children and
20 their families.
21 (2) "Licensed professional" means any of the following:
22 (A) A physician licensed under IC 25-22.5.
23 (B) An advanced practice registered nurse licensed under
24 IC 25-23.
25 (C) A physician assistant licensed under IC 25-27.5.
26 (3) "Licensee" means a person who is licensed to operate one
27 (1) or more of the following:
28 (A) A children's home.
29 (B) A child caring institution.
30 (C) Emergency shelter care.
31 (D) A private secure facility.
32 (E) A group home.
33 (F) An emergency shelter care group home.
34 Sec. 2. (a) A licensee shall obtain from the placing agency or
35 placing parent a statement indicating whether or not the child has,
36 to the best of the agency's or parent's knowledge, been exposed to
37 a communicable disease within twenty-one (21) days before the
38 date of admission.
39 (b) Each child must receive a health examination by a licensed
40 professional within ninety-three (93) days before admission, or not
41 later than twenty-one (21) days after admission. The examination
42 must include the following:
ES 169—LS 6637/DI 148 10
1 (1) Health history.
2 (2) Physical examination.
3 (3) Vision and hearing screening.
4 (4) A test for tuberculosis if the last such test is known to be
5 negative or if there is no record of a test. If the test is positive
6 the child shall have a diagnostic chest x-ray and other
7 indicated laboratory tests to determine whether or not the
8 disease is in an infectious state.
9 (5) A written statement from the licensed professional that in
10 the professional's opinion there is no health condition that
11 would be hazardous either to the child or to other children in
12 the licensee's care.
13 (6) A statement of the medical findings, including physical
14 defects and need for dental care, state of development, and
15 ability of the child to take part in group activities, or a
16 schedule of permitted activities if activities need to be limited.
17 (7) A health examination, including a tuberculosis screen
18 annually and a tuberculosis test whenever there is reason to
19 suspect that the child may have a condition hazardous or
20 potentially hazardous to others or whenever the child's
21 general condition indicates the need for an examination.
22 (c) Each child must receive a dental examination from a licensed
23 dentist as follows:
24 (1) Within forty-five (45) days of admission unless the child
25 caring institution has documentation of a dental examination
26 within the one hundred eighty-five (185) days before
27 admission.
28 (2) Annually.
29 (3) Whenever an interim condition indicates the need for
30 examination or treatment.
31 (d) Any treatment or corrective measures required by the
32 licensed professional or dentist must be arranged by the licensee,
33 as approved by a parent, legal guardian, or placing agency.
34 (e) A licensee, after attempting to determine the child's
35 immunization history, shall ensure that each child has received all
36 immunizations and booster shots which are required under
37 IC 20-34-4-2(c)(1).
38 (f) All children must be immunized against routine childhood
39 diseases unless exempted by a licensed professional's statement.
40 (g) A child may be exempted from immunizations against
41 routine childhood diseases upon the good faith religious belief
42 statement of the parent or guardian.
ES 169—LS 6637/DI 148 11
1 (h) The adequate immunizing doses and the child's age for
2 administering each vaccine under subsection (e) must be those
3 recommended by the Indiana department of health.
4 (i) Adequate documentation of an immunization history must
5 consist of one (1) of the following:
6 (1) A licensed professional's certificate, including the number
7 and dates of doses administered.
8 (2) Immunization records forwarded from a school
9 corporation, including the number and dates of doses
10 administered.
11 (3) A record maintained by the parent or guardian showing
12 the month, day, and year during which each dose of vaccine
13 was administered.
14 (j) If a licensed professional certifies in writing that a particular
15 immunization required under this section is detrimental, or may be
16 detrimental, to the child's health, the requirements for that
17 particular immunization are not applicable for that child until the
18 immunization is found no longer to be detrimental to the child's
19 health.
20 (k) A licensee shall maintain a health record for each child. The
21 record must include the following:
22 (1) Admission and periodic health and dental examination
23 information.
24 (2) A licensed professional's written instructions with regard
25 to special dietary or health care required.
26 (3) Record of all medications and treatments.
27 (4) Record of observations and incidents, including accidents,
28 injuries, or any other condition which may be associated with
29 a health condition or possible abuse or neglect.
30 Sec. 3. (a) A licensee shall provide psychotropic medications to
31 a child only as prescribed by a licensed professional in Indiana:
32 (1) whose scope of work includes prescribing psychotropic
33 medications; and
34 (2) who has the responsibility for the diagnosis, treatment,
35 and therapeutic planning for the child.
36 (b) A licensee shall obtain from the prescribing licensed
37 professional a written report at least every thirty-five (35) days for
38 each child receiving psychotropic medication. The written report
39 must state the reasons medication is being continued, discontinued,
40 or changed, as well as any recommended changes in the treatment
41 goals and planning. The report must be based on the licensed
42 professional's review of reports by staff as well as the
ES 169—LS 6637/DI 148 12
1 professional's actual observation of the child at least every
2 ninety-three (93) days.
3 SECTION 13. [EFFECTIVE JULY 1, 2024] (a) The following
4 administrative rules are void:
5 (1) 465 IAC 2-2-5.
6 (2) 465 IAC 2-2-6.
7 (3) 465 IAC 2-2-11.
8 (4) 465 IAC 2-9-44.
9 (5) 465 IAC 2-9-49.
10 (6) 465 IAC 2-9-73.
11 (7) 465 IAC 2-9-75.
12 (8) 465 IAC 2-9-76.
13 (9) 465 IAC 2-10-44.
14 (10) 465 IAC 2-10-45.
15 (11) 465 IAC 2-10-49.
16 (12) 465 IAC 2-10-73.
17 (13) 465 IAC 2-10-75.
18 (14) 465 IAC 2-11-44.
19 (15) 465 IAC 2-11-45.
20 (16) 465 IAC 2-11-49.
21 (17) 465 IAC 2-11-73.
22 (18) 465 IAC 2-11-75.
23 (19) 465 IAC 2-11-76.
24 (20) 465 IAC 2-12-44.
25 (21) 465 IAC 2-12-45.
26 (22) 465 IAC 2-12-49.
27 (23) 465 IAC 2-12-71.
28 (24) 465 IAC 2-12-73.
29 (25) 465 IAC 2-12-74.
30 (26) 465 IAC 2-13-44.
31 (27) 465 IAC 2-13-45.
32 (28) 465 IAC 2-13-49.
33 (29) 465 IAC 2-13-71.
34 (b) The publisher of the Indiana Administrative Code and
35 Indiana Register shall remove the following provisions from the
36 Indiana Administrative Code:
37 (1) 465 IAC 2-2-5.
38 (2) 465 IAC 2-2-6.
39 (3) 465 IAC 2-2-11.
40 (4) 465 IAC 2-9-44.
41 (5) 465 IAC 2-9-49.
42 (6) 465 IAC 2-9-73.
ES 169—LS 6637/DI 148 13
1 (7) 465 IAC 2-9-75.
2 (8) 465 IAC 2-9-76.
3 (9) 465 IAC 2-10-44.
4 (10) 465 IAC 2-10-45.
5 (11) 465 IAC 2-10-49.
6 (12) 465 IAC 2-10-73.
7 (13) 465 IAC 2-10-75.
8 (14) 465 IAC 2-11-44.
9 (15) 465 IAC 2-11-45.
10 (16) 465 IAC 2-11-49.
11 (17) 465 IAC 2-11-73.
12 (18) 465 IAC 2-11-75.
13 (19) 465 IAC 2-11-76.
14 (20) 465 IAC 2-12-44.
15 (21) 465 IAC 2-12-45.
16 (22) 465 IAC 2-12-49.
17 (23) 465 IAC 2-12-71.
18 (24) 465 IAC 2-12-73.
19 (25) 465 IAC 2-12-74.
20 (26) 465 IAC 2-13-44.
21 (27) 465 IAC 2-13-45.
22 (28) 465 IAC 2-13-49.
23 (29) 465 IAC 2-13-71.
24 (c) This SECTION expires July 1, 2025.
ES 169—LS 6637/DI 148 14
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.
_____
SENATE MOTION
Madam President: I move that Senate Bill 169 be amended to read
as follows:
Page 7, between lines 1 and 2, begin a new line block indented and
insert:
"(2) "Licensed professional" means any of the following:
(A) A physician licensed under IC 25-22.5.
(B) A nurse practitioner licensed under IC 25-23.
(C) A physician assistant licensed under IC 25-27.5.".
Page 7, line 2, delete "(2)" and insert "(3)".
Page 8, line 11, delete "by the" and insert "under
IC 20-34-4-2(c)(1).".
Page 8, delete line 12.
Page 8, line 19, after "vaccine" insert "under subsection (e)".
Page 8, line 19, after "by the" insert "Indiana department of
health.".
ES 169—LS 6637/DI 148 15
Page 8, delete lines 20 through 21.
(Reference is to SB 169 as printed January 30, 2024.)
JOHNSON T
_____
COMMITTEE REPORT
Mr. Speaker: Your Committee on Family, Children and Human
Affairs, to which was referred Senate Bill 169, has had the same under
consideration and begs leave to report the same back to the House with
the recommendation that said bill be amended as follows:
Page 1, between lines 5 and 6, begin a new paragraph and insert:
"SECTION 2. IC 31-9-2-13, AS AMENDED BY P.L.243-2019,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 13. (a) "Child", for purposes of IC 31-15, IC 31-16
(excluding IC 31-16-12.5), and IC 31-17, means a child or children of
both parties to the marriage. The term includes the following:
(1) Children born out of wedlock to the parties.
(2) Children born or adopted during the marriage of the parties.
(b) "Child", for purposes of the Uniform Interstate Family Support
Act under IC 31-18.5, has the meaning set forth in IC 31-18.5-1-2.
(c) "Child", for purposes of IC 31-19-5, includes an unborn child.
(d) Except as otherwise provided in this section, "child", for
purposes of the juvenile law and IC 31-27, means:
(1) a person who is less than eighteen (18) years of age;
(2) a person:
(A) who is eighteen (18), nineteen (19), or twenty (20) years
of age; and
(B) who either:
(i) is charged with a delinquent act committed before the
person's eighteenth birthday; or
(ii) has been adjudicated a child in need of services before
the person's eighteenth birthday; or
(3) a person:
(A) who is alleged to have committed an act that would have
been murder if committed by an adult;
(B) who was less than eighteen (18) years of age at the time of
the alleged act; and
(C) who is less than twenty-one (21) years of age.
(e) "Child", for purposes of IC 31-36-3, means a person who is less
ES 169—LS 6637/DI 148 16
than eighteen (18) years of age.
(f) "Child", for purposes of the Interstate Compact on Juveniles
under IC 31-37-23-1, has the meaning set forth in IC 31-37-23-1.
(g) "Child", for purposes of IC 31-16-12.5, means an individual to
whom child support is owed under:
(1) a child support order issued under IC 31-14-10 or IC 31-16-6;
or
(2) any other child support order that is enforceable under
IC 31-16-12.5.
(h) "Child", for purposes of IC 31-32-5, means an individual who is
less than eighteen (18) years of age.
(i) "Child", for purposes of the Uniform Child Custody Jurisdiction
Act under IC 31-21, has the meaning set forth in IC 31-21-2-3.
(j) "Child", for purposes of IC 31-35-2-4.5, means an individual who
is:
(1) less than eighteen (18) years of age; and
(2) a delinquent child or a child in need of services.
(k) "Child", for purposes of IC 31-33, includes an individual
who:
(1) is at least eighteen (18) years of age but less than
twenty-one (21) years of age; and
(2) resides, or has previously resided, at a residential facility
licensed by the department.
SECTION 3. IC 31-9-2-14, AS AMENDED BY P.L.46-2016,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 14. (a) "Child abuse or neglect", for purposes of
IC 31-32-11-1, IC 31-33, IC 31-34-7-4, and IC 31-39-8-4, refers to:
(1) a child described in IC 31-34-1-1 through IC 31-34-1-5 and
IC 31-34-1-8 through IC 31-34-1-11, regardless of whether the
child needs care, treatment, rehabilitation, or the coercive
intervention of a court; or
(2) an individual who:
(A) is at least eighteen (18) years of age but less than
twenty-one (21) years of age;
(B) resides, or has previously resided, at a residential
facility licensed by the department; and
(C) is harmed or threatened with harm as a result of:
(i) a battery offense included in IC 35-42-2; or
(ii) sexual activity (as defined in IC 35-42-4-13(b));
committed by a member of the staff at the residential
facility.
(b) For purposes of subsection (a), the term under subsection (a)
ES 169—LS 6637/DI 148 17
does not refer to a child who is alleged to be a victim of a sexual
offense under IC 35-42-4-3 unless the alleged offense under
IC 35-42-4-3 involves the fondling or touching of the buttocks,
genitals, or female breasts, regardless of whether the child needs care,
treatment, rehabilitation, or the coercive intervention of a court.
(c) "Child abuse or neglect", for purposes of IC 31-34-2.3, refers to
acts or omissions by a person against a child as described in
IC 31-34-1-1 through IC 31-34-1-11, regardless of whether the child
needs care, treatment, rehabilitation, or the coercive intervention of a
court.".
Page 2, between lines 19 and 20, begin a new paragraph and insert:
"SECTION 6. IC 31-9-2-133, AS AMENDED BY P.L.86-2018,
SECTION 216, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 133. (a) "Victim of child abuse or
neglect", for purposes of IC 31-32-11-1 and IC 31-33, refers to:
(1) a child as described in:
(1) (A) IC 31-34-1-1 through IC 31-34-1-5;
(2) (B) IC 31-34-1-10; or
(3) (C) IC 31-34-1-11;
regardless of whether the child needs care, treatment,
rehabilitation, or the coercive intervention of a court; or
(2) an individual who:
(A) is at least eighteen (18) years of age but less than
twenty-one (21) years of age;
(B) resides, or has previously resided, at a residential
facility licensed by the department; and
(C) is harmed or threatened with harm as a result of:
(i) a battery offense included in IC 35-42-2; or
(ii) sexual activity (as defined in IC 35-42-4-13(b));
committed by a member of the staff at the residential
facility.
(b) The term does not include a child who is alleged to be a victim
of a sexual offense under IC 35-42-4-3 unless the alleged offense under
IC 35-42-4-3 involves the fondling or touching of the buttocks,
genitals, or female breasts.".
Page 3, line 42, delete ",".
Page 4, line 23, delete "must only use:" and insert "must only use
the services of licensed professionals, and the services rendered
must be within the licensed professional's scope of practice.".
Page 4, delete lines 24 through 26.
Page 5, line 38, delete "institution" and insert "licensee".
Page 6, line 15, delete "employee's" and insert "staff member's".
ES 169—LS 6637/DI 148 18
Page 6, line 25, after "event of" insert "an".
Page 7, line 4, delete "A nurse practitioner" and insert "An
advanced practice registered nurse".
Page 7, line 34, delete "child caring institution." and insert
"licensee's care.".
Page 9, delete lines 24 through 42, begin a new paragraph and
insert:
"SECTION 10. [EFFECTIVE JULY 1, 2024] (a) The following
administrative rules are void:
(1) 465 IAC 2-2-5.
(2) 465 IAC 2-2-6.
(3) 465 IAC 2-2-11.
(4) 465 IAC 2-9-44.
(5) 465 IAC 2-9-49.
(6) 465 IAC 2-9-73.
(7) 465 IAC 2-9-75.
(8) 465 IAC 2-9-76.
(9) 465 IAC 2-10-44.
(10) 465 IAC 2-10-45.
(11) 465 IAC 2-10-49.
(12) 465 IAC 2-10-73.
(13) 465 IAC 2-10-75.
(14) 465 IAC 2-11-44.
(15) 465 IAC 2-11-45.
(16) 465 IAC 2-11-49.
(17) 465 IAC 2-11-73.
(18) 465 IAC 2-11-75.
(19) 465 IAC 2-11-76.
(20) 465 IAC 2-12-44.
(21) 465 IAC 2-12-45.
(22) 465 IAC 2-12-49.
(23) 465 IAC 2-12-71.
(24) 465 IAC 2-12-73.
(25) 465 IAC 2-12-74.
(26) 465 IAC 2-13-44.
(27) 465 IAC 2-13-45.
(28) 465 IAC 2-13-49.
(29) 465 IAC 2-13-71.
(b) The publisher of the Indiana Administrative Code and
Indiana Register shall remove the following provisions from the
Indiana Administrative Code:
(1) 465 IAC 2-2-5.
ES 169—LS 6637/DI 148 19
(2) 465 IAC 2-2-6.
(3) 465 IAC 2-2-11.
(4) 465 IAC 2-9-44.
(5) 465 IAC 2-9-49.
(6) 465 IAC 2-9-73.
(7) 465 IAC 2-9-75.
(8) 465 IAC 2-9-76.
(9) 465 IAC 2-10-44.
(10) 465 IAC 2-10-45.
(11) 465 IAC 2-10-49.
(12) 465 IAC 2-10-73.
(13) 465 IAC 2-10-75.
(14) 465 IAC 2-11-44.
(15) 465 IAC 2-11-45.
(16) 465 IAC 2-11-49.
(17) 465 IAC 2-11-73.
(18) 465 IAC 2-11-75.
(19) 465 IAC 2-11-76.
(20) 465 IAC 2-12-44.
(21) 465 IAC 2-12-45.
(22) 465 IAC 2-12-49.
(23) 465 IAC 2-12-71.
(24) 465 IAC 2-12-73.
(25) 465 IAC 2-12-74.
(26) 465 IAC 2-13-44.
(27) 465 IAC 2-13-45.
(28) 465 IAC 2-13-49.
(29) 465 IAC 2-13-71.
(c) This SECTION expires July 1, 2025.".
Delete page 10.
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to SB 169 as reprinted February 2, 2024.)
DEVON
Committee Vote: yeas 12, nays 0.
ES 169—LS 6637/DI 148 20
HOUSE MOTION
Mr. Speaker: I move that Engrossed Senate Bill 169 be amended to
read as follows:
Page 7, line 37, delete "An emergency" and insert "Emergency".
Page 9, line 30, delete "An emergency" and insert "Emergency".
Page 9, line 36, delete "applicant's" and insert "agency's or
parent's".
Page 9, line 37, delete "three (3) weeks" and insert "twenty-one
(21) days".
Page 9, line 40, delete "three (3) months" and insert "ninety-three
(93) days".
Page 9, line 41, delete "three (3) weeks" and insert "twenty-one
(21) days".
Page 10, line 24, delete "thirty (30)" and insert "forty-five (45)".
Page 10, line 26, delete "six (6) months" and insert "one hundred
eighty-five (185) days".
Page 11, line 36, delete "calendar month" and insert "thirty-five
(35) days".
Page 11, line 42, delete "three" and insert "ninety-three".
Page 12, line 1, delete "(3) calendar months." and insert "(93)
days.".
(Reference is to ESB 169 as printed February 15, 2024.)
JUDY
ES 169—LS 6637/DI 148