LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
200 W. Washington St., Suite 301
Indianapolis, IN 46204
(317) 233-0696
iga.in.gov
FISCAL IMPACT STATEMENT
LS 6637 NOTE PREPARED: Mar 4, 2024
BILL NUMBER: SB 169 BILL AMENDED: Feb 29, 2024
SUBJECT: Child Caring Institutions and Group Homes.
FIRST AUTHOR: Sen. Walker G BILL STATUS: As Passed House
FIRST SPONSOR: Rep. Judy
FUNDS AFFECTED:XGENERAL IMPACT: State
DEDICATED
FEDERAL
Summary of Legislation: This bill 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.
The bill also 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"
It also makes conforming and technical changes.
Effective Date: July 1, 2024.
Explanation of State Expenditures: Summary - The bill could increase DCS workload to investigate reports
of child abuse and neglect that involve individuals between the age of 18 and 21 who reside at a residential
facility licensed by the Department. Increases in workload are expected to be minimal and are within the
routine administrative function of the agency.
Additional Information -
Expanded CHINS Age: The bill expands the definition of CHINS to include an individual who is between
18 and 20 years of age, resides at a residential facility licensed by the state, and is either harmed or
SB 169 1 threatened with harm as the result of neglect, battery, or sexual activity. Currently, a child can no longer be
classified a CHINS after they turn 18 years old. The bill would expand the definition of CHINS to older
youth who reside in state-licensed facilities.
The bill specifies that a person that contracts with the DCS as a residential facility shall report allegations
of child abuse or neglect directly to the Department. Current statute should require residential facility
providers to report suspected child abuse and neglect to the DCS [IC 31-33-5-2(b)]. The current penalty for
failing to report suspected child abuse and neglect to the DCS is punishable as a Class B misdemeanor (IC
31-33-22-1). This provision is expected to have no impact on DCS workload or criminal convictions in the
state.
Administrative Code Changes: The bill repeals portions of administrative code pertaining to personnel
standards, personnel qualifications, child physical examinations, psychotropic medications, health
requirements for staff members, personnel and volunteer records for the following types of child care
institutions in the state; licensed child placing agencies, children’s homes, child caring institutions,
emergency shelter care facilities, secure private facilities, group homes, and emergency shelter care group
homes. The bill establishes similar statutory requirements for child caring institutions that mirror the repealed
administrative code, with minor differences.
The changes between what is repealed in administrative code and added to statute are not expected to have
an impact on the workload of the Department of Child Services (DCS).
Explanation of State Revenues:
Explanation of Local Expenditures:
Explanation of Local Revenues:
State Agencies Affected: DCS.
Local Agencies Affected:
Information Sources:
Fiscal Analyst: Bill Brumbach, 317-232-9559.
SB 169 2