Indiana 2024 Regular Session

Indiana Senate Bill SB0169 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	ES0169.2
	2	+	Reprinted
	3	+	March 1, 2024
	4	+	ENGROSSED
	5	+	SENATE BILL No. 169
	6	+	_____
	7	+	DIGEST OF SB 169 (Updated February 29, 2024 12:22 pm - DI 148)
	8	+	Citations Affected: IC 31-9; IC 31-27; noncode.
	9	+	Synopsis: Child caring institutions and group homes. Requires
	10	+	specified types of residential child care facilities to: (1) implement
	11	+	specified personnel policies, including with regard to: (A) minimum
	12	+	qualifications for specified employee classifications; and (B)
	13	+	maintenance of personnel records; (2) comply with specified
	14	+	restrictions on caseloads; (3) obtain specified health records,
	15	+	immunizations, and examinations for each child under the facility's
	16	+	care; and (4) follow specified processes in providing medical care for
	17	+	children in the facility's care, including with regard to administering
	18	+	psychotropic medications. Provides that certain individuals at least 18
	19	+	years of age but less than 21 years of age are included in the definitions
	20	+	for "child", "child abuse or neglect", and "victim of child abuse or
	21	+	neglect". Makes conforming and technical changes.
	22	+	Effective: July 1, 2024.
	23	+	Walker G, Johnson T
	24	+	(HOUSE SPONSORS — JUDY, DEVON, LAUER, HEINE)
	25	+	January 8, 2024, read first time and referred to Committee on Family and Children
	26	+	Services.
	27	+	January 29, 2024, amended, reported favorably — Do Pass.
	28	+	February 1, 2024, read second time, amended, ordered engrossed.
	29	+	February 2, 2024, engrossed.
	30	+	February 5, 2024, read third time, passed. Yeas 48, nays 0.
	31	+	HOUSE ACTION
	32	+	February 12, 2024, read first time and referred to Committee on Family, Children and
	33	+	Human Affairs.
	34	+	February 15, 2024, amended, reported — Do Pass.
	35	+	February 29, 2024, read second time, amended, ordered engrossed.
	36	+	ES 169—LS 6637/DI 148 Reprinted
	37	+	March 1, 2024
1	38		Second Regular Session of the 123rd General Assembly (2024)
2	39		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	40		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	41		additions will appear in this style type, and deletions will appear in this style type.
5	42		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	43		provision adopted), the text of the new provision will appear in this style type. Also, the
7	44		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	45		a new provision to the Indiana Code or the Indiana Constitution.
9	46		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	47		between statutes enacted by the 2023 Regular Session of the General Assembly.
11		-	SENATE ENROLLED ACT No. 169
12		-	AN ACT to amend the Indiana Code concerning family law and
13		-	juvenile law.
	48	+	ENGROSSED
	49	+	SENATE BILL No. 169
	50	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	51	+	family law and juvenile law.
14	52		Be it enacted by the General Assembly of the State of Indiana:
15		-	SECTION 1. IC 31-9-2-11, AS AMENDED BY P.L.146-2006,
16		-	SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17		-	JULY 1, 2024]: Sec. 11. "Caseworker", for purposes of the juvenile law
18		-	(excluding IC 31-27), means an employee of the department of child
19		-	services who is classified as a family case manager.
20		-	SECTION 2. IC 31-9-2-13, AS AMENDED BY P.L.243-2019,
	53	+	1 SECTION 1. IC 31-9-2-11, AS AMENDED BY P.L.146-2006,
	54	+	2 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	55	+	3 JULY 1, 2024]: Sec. 11. "Caseworker", for purposes of the juvenile law
	56	+	4 (excluding IC 31-27), means an employee of the department of child
	57	+	5 services who is classified as a family case manager.
	58	+	6 SECTION 2. IC 31-9-2-13, AS AMENDED BY P.L.243-2019,
	59	+	7 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	60	+	8 JULY 1, 2024]: Sec. 13. (a) "Child", for purposes of IC 31-15, IC 31-16
	61	+	9 (excluding IC 31-16-12.5), and IC 31-17, means a child or children of
	62	+	10 both parties to the marriage. The term includes the following:
	63	+	11 (1) Children born out of wedlock to the parties.
	64	+	12 (2) Children born or adopted during the marriage of the parties.
	65	+	13 (b) "Child", for purposes of the Uniform Interstate Family Support
	66	+	14 Act under IC 31-18.5, has the meaning set forth in IC 31-18.5-1-2.
	67	+	15 (c) "Child", for purposes of IC 31-19-5, includes an unborn child.
	68	+	16 (d) Except as otherwise provided in this section, "child", for
	69	+	17 purposes of the juvenile law and IC 31-27, means:
	70	+	ES 169—LS 6637/DI 148 2
	71	+	1 (1) a person who is less than eighteen (18) years of age;
	72	+	2 (2) a person:
	73	+	3 (A) who is eighteen (18), nineteen (19), or twenty (20) years
	74	+	4 of age; and
	75	+	5 (B) who either:
	76	+	6 (i) is charged with a delinquent act committed before the
	77	+	7 person's eighteenth birthday; or
	78	+	8 (ii) has been adjudicated a child in need of services before
	79	+	9 the person's eighteenth birthday; or
	80	+	10 (3) a person:
	81	+	11 (A) who is alleged to have committed an act that would have
	82	+	12 been murder if committed by an adult;
	83	+	13 (B) who was less than eighteen (18) years of age at the time of
	84	+	14 the alleged act; and
	85	+	15 (C) who is less than twenty-one (21) years of age.
	86	+	16 (e) "Child", for purposes of IC 31-36-3, means a person who is less
	87	+	17 than eighteen (18) years of age.
	88	+	18 (f) "Child", for purposes of the Interstate Compact on Juveniles
	89	+	19 under IC 31-37-23-1, has the meaning set forth in IC 31-37-23-1.
	90	+	20 (g) "Child", for purposes of IC 31-16-12.5, means an individual to
	91	+	21 whom child support is owed under:
	92	+	22 (1) a child support order issued under IC 31-14-10 or IC 31-16-6;
	93	+	23 or
	94	+	24 (2) any other child support order that is enforceable under
	95	+	25 IC 31-16-12.5.
	96	+	26 (h) "Child", for purposes of IC 31-32-5, means an individual who is
	97	+	27 less than eighteen (18) years of age.
	98	+	28 (i) "Child", for purposes of the Uniform Child Custody Jurisdiction
	99	+	29 Act under IC 31-21, has the meaning set forth in IC 31-21-2-3.
	100	+	30 (j) "Child", for purposes of IC 31-35-2-4.5, means an individual who
	101	+	31 is:
	102	+	32 (1) less than eighteen (18) years of age; and
	103	+	33 (2) a delinquent child or a child in need of services.
	104	+	34 (k) "Child", for purposes of IC 31-33, includes an individual
	105	+	35 who:
	106	+	36 (1) is at least eighteen (18) years of age but less than
	107	+	37 twenty-one (21) years of age; and
	108	+	38 (2) resides, or has previously resided, at a residential facility
	109	+	39 licensed by the department.
	110	+	40 SECTION 3. IC 31-9-2-14, AS AMENDED BY P.L.46-2016,
	111	+	41 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	112	+	42 JULY 1, 2024]: Sec. 14. (a) "Child abuse or neglect", for purposes of
	113	+	ES 169—LS 6637/DI 148 3
	114	+	1 IC 31-32-11-1, IC 31-33, IC 31-34-7-4, and IC 31-39-8-4, refers to:
	115	+	2 (1) a child described in IC 31-34-1-1 through IC 31-34-1-5 and
	116	+	3 IC 31-34-1-8 through IC 31-34-1-11, regardless of whether the
	117	+	4 child needs care, treatment, rehabilitation, or the coercive
	118	+	5 intervention of a court; or
	119	+	6 (2) an individual who:
	120	+	7 (A) is at least eighteen (18) years of age but less than
	121	+	8 twenty-one (21) years of age;
	122	+	9 (B) resides, or has previously resided, at a residential
	123	+	10 facility licensed by the department; and
	124	+	11 (C) is harmed or threatened with harm as a result of:
	125	+	12 (i) a battery offense included in IC 35-42-2; or
	126	+	13 (ii) sexual activity (as defined in IC 35-42-4-13(b));
	127	+	14 committed by a member of the staff at the residential
	128	+	15 facility.
	129	+	16 (b) For purposes of subsection (a), the term under subsection (a)
	130	+	17 does not refer to a child who is alleged to be a victim of a sexual
	131	+	18 offense under IC 35-42-4-3 unless the alleged offense under
	132	+	19 IC 35-42-4-3 involves the fondling or touching of the buttocks,
	133	+	20 genitals, or female breasts, regardless of whether the child needs care,
	134	+	21 treatment, rehabilitation, or the coercive intervention of a court.
	135	+	22 (c) "Child abuse or neglect", for purposes of IC 31-34-2.3, refers to
	136	+	23 acts or omissions by a person against a child as described in
	137	+	24 IC 31-34-1-1 through IC 31-34-1-11, regardless of whether the child
	138	+	25 needs care, treatment, rehabilitation, or the coercive intervention of a
	139	+	26 court.
	140	+	27 SECTION 4. IC 31-9-2-43.6 IS ADDED TO THE INDIANA CODE
	141	+	28 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
	142	+	29 1, 2024]: Sec. 43.6. "Emergency shelter", for purposes of IC 31-27,
	143	+	30 means a short term place of residence, other than a private secure
	144	+	31 facility, that:
	145	+	32 (1) is not locked to prevent a child's departure unless the
	146	+	33 administrator determines that locking is necessary to protect
	147	+	34 the child's health; and
	148	+	35 (2) provides twenty-four (24) hours a day temporary care for
	149	+	36 not more than sixty (60) consecutive days to an individual
	150	+	37 child who is six (6) years of age or older admitted on an
	151	+	38 emergency basis.
	152	+	39 SECTION 5. IC 31-9-2-96.5 IS ADDED TO THE INDIANA CODE
	153	+	40 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
	154	+	41 1, 2024]: Sec. 96.5. (a) Except as provided in subsection (b),
	155	+	42 "private secure facility", for purposes of the juvenile law, means
	156	+	ES 169—LS 6637/DI 148 4
	157	+	1 the following:
	158	+	2 (1) A facility that is licensed under IC 31-27 to operate as a
	159	+	3 private secure facility.
	160	+	4 (2) A private facility that is licensed in another state to
	161	+	5 provide residential care and treatment to one (1) or more
	162	+	6 children in a secure facility other than a detention center,
	163	+	7 prison, jail, or similar correctional facility.
	164	+	8 (b) "Private secure facility", for purposes of IC 31-27, means a
	165	+	9 private secure facility other than the following:
	166	+	10 (1) A juvenile detention facility established under IC 31-31-8
	167	+	11 or IC 31-31-9 (or IC 31-6-9-5 or IC 31-6-9.5 before their
	168	+	12 repeal).
	169	+	13 (2) A facility operated by the department of correction.
	170	+	14 (3) A county jail.
	171	+	15 (4) A detention center operated by a county sheriff.
	172	+	16 SECTION 6. IC 31-9-2-133, AS AMENDED BY P.L.86-2018,
	173	+	17 SECTION 216, IS AMENDED TO READ AS FOLLOWS
	174	+	18 [EFFECTIVE JULY 1, 2024]: Sec. 133. (a) "Victim of child abuse or
	175	+	19 neglect", for purposes of IC 31-32-11-1 and IC 31-33, refers to:
	176	+	20 (1) a child as described in:
	177	+	21 (1) (A) IC 31-34-1-1 through IC 31-34-1-5;
	178	+	22 (2) (B) IC 31-34-1-10; or
	179	+	23 (3) (C) IC 31-34-1-11;
	180	+	24 regardless of whether the child needs care, treatment,
	181	+	25 rehabilitation, or the coercive intervention of a court; or
	182	+	26 (2) an individual who:
	183	+	27 (A) is at least eighteen (18) years of age but less than
	184	+	28 twenty-one (21) years of age;
	185	+	29 (B) resides, or has previously resided, at a residential
	186	+	30 facility licensed by the department; and
	187	+	31 (C) is harmed or threatened with harm as a result of:
	188	+	32 (i) a battery offense included in IC 35-42-2; or
	189	+	33 (ii) sexual activity (as defined in IC 35-42-4-13(b));
	190	+	34 committed by a member of the staff at the residential
	191	+	35 facility.
	192	+	36 (b) The term does not include a child who is alleged to be a victim
	193	+	37 of a sexual offense under IC 35-42-4-3 unless the alleged offense under
	194	+	38 IC 35-42-4-3 involves the fondling or touching of the buttocks,
	195	+	39 genitals, or female breasts.
	196	+	40 SECTION 7. IC 31-27-6-15.5 IS ADDED TO THE INDIANA
	197	+	41 CODE AS A NEW SECTION TO READ AS FOLLOWS
	198	+	42 [EFFECTIVE JULY 1, 2024]: Sec. 15.5. (a) A child placing agency
	199	+	ES 169—LS 6637/DI 148 5
	200	+	1 shall establish minimum qualifications for each classification of
	201	+	2 employee. The standards in subsections (b) through (e) must be
	202	+	3 used as a guide by each child placing agency in establishing
	203	+	4 minimum qualifications for the classifications of an executive, a
	204	+	5 casework supervisor, a caseworker, and a worker in training, and
	205	+	6 by the department in the licensing of each child placing agency.
	206	+	7 (b) An executive must have the following:
	207	+	8 (1) A bachelor's degree.
	208	+	9 (2) At least one (1) of the following:
	209	+	10 (A) Five (5) years of paid experience in a field related to
	210	+	11 social work, at least two (2) years of which were:
	211	+	12 (i) in social work; or
	212	+	13 (ii) in a supervisory or administrative capacity in a field
	213	+	14 related to social work, including working for the
	214	+	15 department.
	215	+	16 (B) A master's degree in social work, counseling, or a
	216	+	17 related human services area and at least two (2) years of
	217	+	18 paid experience:
	218	+	19 (i) in social work; or
	219	+	20 (ii) in a supervisory or administrative capacity in a field
	220	+	21 related to social work, including working for the
	221	+	22 department.
	222	+	23 (c) A casework supervisor must have the following:
	223	+	24 (1) A bachelor's degree.
	224	+	25 (2) One (1) year of graduate training in social work,
	225	+	26 counseling, or a related human service area of study.
	226	+	27 (3) At least one (1) of the following:
	227	+	28 (A) Three (3) years of supervised paid casework
	228	+	29 experience, at least one (1) year of which was with a
	229	+	30 licensed child placing agency or with the department.
	230	+	31 (B) A master's degree from a recognized school of social
	231	+	32 work and at least one (1) year of supervised paid casework
	232	+	33 experience in a licensed child placing agency or with the
	233	+	34 department.
	234	+	35 (d) A caseworker must have the following:
	235	+	36 (1) A bachelor's degree.
	236	+	37 (2) At least one (1) of the following:
	237	+	38 (A) Three (3) years of supervised paid casework
	238	+	39 experience.
	239	+	40 (B) One (1) year of supervised paid casework experience in
	240	+	41 a licensed child placing agency or with the department.
	241	+	42 (C) One (1) year of graduate training in a recognized
	242	+	ES 169—LS 6637/DI 148 6
	243	+	1 school of social work.
	244	+	2 (e) A worker in training must have a bachelor's degree.
	245	+	3 (f) A child placing agency must only employ a staff member who
	246	+	4 is:
	247	+	5 (1) duly qualified;
	248	+	6 (2) of good moral character; and
	249	+	7 (3) in satisfactory health.
	250	+	8 (g) An employee who is in a position on January 1, 2012, and
	251	+	9 who qualified for that position on December 31, 2011, is exempt
	252	+	10 from the requirements of this section.
	253	+	11 SECTION 8. IC 31-27-6-15.7 IS ADDED TO THE INDIANA
	254	+	12 CODE AS A NEW SECTION TO READ AS FOLLOWS
	255	+	13 [EFFECTIVE JULY 1, 2024]: Sec. 15.7. (a) The following
	256	+	14 restrictions apply to caseworker caseloads:
	257	+	15 (1) Except as otherwise provided in this section, a caseworker
	258	+	16 may not supervise more than eighteen (18) children.
	259	+	17 (2) The department shall determine the appropriate
	260	+	18 caseworker to child ratio, which may be between 1:8 and 1:12
	261	+	19 for children requiring enhanced supervision.
	262	+	20 (3) A caseworker with a caseload including some children
	263	+	21 requiring enhanced supervision may not supervise more than
	264	+	22 fifteen (15) children. The caseworker may, if needed, carry a
	265	+	23 reduced caseload of not more than ten (10) children based on
	266	+	24 the level of enhanced supervision required for the children
	267	+	25 being served.
	268	+	26 (b) A casework supervisor may supervise at least five (5)
	269	+	27 caseworkers but not more than eight (8) caseworkers, depending
	270	+	28 on the level of enhanced supervision required for the children
	271	+	29 being served.
	272	+	30 SECTION 9. IC 31-27-6-15.8 IS ADDED TO THE INDIANA
	273	+	31 CODE AS A NEW SECTION TO READ AS FOLLOWS
	274	+	32 [EFFECTIVE JULY 1, 2024]: Sec. 15.8. (a) A child placing agency
	275	+	33 shall employ a sufficient number of office staff members to
	276	+	34 properly maintain office administrative procedures on a current
	277	+	35 basis.
	278	+	36 (b) A child placing agency shall adopt specific written policies
	279	+	37 regarding personnel practices affecting staff members of the
	280	+	38 agency.
	281	+	39 SECTION 10. IC 31-27-6-15.9 IS ADDED TO THE INDIANA
	282	+	40 CODE AS A NEW SECTION TO READ AS FOLLOWS
	283	+	41 [EFFECTIVE JULY 1, 2024]: Sec. 15.9. (a) A child placing agency
	284	+	42 providing medical or dental care to a child in the agency's care
	285	+	ES 169—LS 6637/DI 148 7
	286	+	1 must only use the services of licensed professionals, and the
	287	+	2 services rendered must be within the licensed professional's scope
	288	+	3 of practice.
	289	+	4 (b) Each child must receive a thorough physical examination
	290	+	5 once the child placing agency accepts the child for placement in
	291	+	6 foster care. The physical examination must be performed by a
	292	+	7 licensed professional in Indiana whose scope of practice includes
	293	+	8 providing physical examinations. The child placing agency shall
	294	+	9 make every effort to arrange for any treatment recommended by
	295	+	10 the examining licensed professional.
	296	+	11 (c) Each child in foster care must receive a physical examination
	297	+	12 described in subsection (b) at least one (1) time every calendar
	298	+	13 year.
	299	+	14 (d) Each child must receive a dental examination once the child
	300	+	15 placing agency accepts the child for placement in foster care. The
	301	+	16 child placing agency shall arrange for any treatment recommended
	302	+	17 by the examining dentist.
	303	+	18 (e) Each child in foster care must receive a dental examination
	304	+	19 at least one (1) time every calendar year. However, the child
	305	+	20 placing agency shall arrange for an additional examination and
	306	+	21 any required treatment if the child's condition indicates the need.
	307	+	22 (f) The child placing agency shall maintain a record of the
	308	+	23 medical and dental history and treatment for each child.
	309	+	24 SECTION 11. IC 31-27-8 IS ADDED TO THE INDIANA CODE
	310	+	25 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
	311	+	26 JULY 1, 2024]:
	312	+	27 Chapter 8. Personnel Records and Qualifications
	313	+	28 Sec. 1. For purposes of this chapter, the following definitions
	314	+	29 apply:
	315	+	30 (1) "Caseworker" includes staff who perform casework,
	316	+	31 group work tasks, or planning of services for children and
	317	+	32 their families.
	318	+	33 (2) "Licensee" means a person who is licensed to operate one
	319	+	34 (1) or more of the following:
	320	+	35 (A) A children's home.
	321	+	36 (B) A child caring institution.
	322	+	37 (C) Emergency shelter care.
	323	+	38 (D) A private secure facility.
	324	+	39 (E) A group home.
	325	+	40 (F) An emergency shelter care group home.
	326	+	41 Sec. 2. (a) A caseworker shall meet one (1) of the following
	327	+	42 requirements:
	328	+	ES 169—LS 6637/DI 148 8
	329	+	1 (1) Have a bachelor's degree.
	330	+	2 (2) Have an associate's degree and at least two (2) years of
	331	+	3 human services job experience.
	332	+	4 (3) Completed thirty (30) college credit hours from an
	333	+	5 accredited institution and at least four (4) years of human
	334	+	6 services job experience.
	335	+	7 (4) Have a high school diploma and at least five (5) years of
	336	+	8 human services job experience.
	337	+	9 (b) Except as provided in subsection (c), a licensee shall have at
	338	+	10 least one (1) caseworker for every twenty-four (24) children in
	339	+	11 care.
	340	+	12 (c) A private secure facility shall have one (1) caseworker for
	341	+	13 every fifteen (15) children in care.
	342	+	14 (d) A licensee shall employ a supervisor for casework staff when
	343	+	15 the licensee employs six (6) or more caseworkers.
	344	+	16 Sec. 3. (a) A licensee shall establish and maintain an individual
	345	+	17 record for each staff member.
	346	+	18 (b) The record must include the following information before
	347	+	19 employment:
	348	+	20 (1) Application.
	349	+	21 (2) Name, address, and telephone number.
	350	+	22 (3) Name, address, and telephone number of the person to be
	351	+	23 notified in the event of an emergency.
	352	+	24 (4) Documentation of training, education, experience, and any
	353	+	25 other required qualifications.
	354	+	26 (5) Reference notes or reports, with evaluations of ability,
	355	+	27 character, and suitability for working with children.
	356	+	28 (6) Signed, notarized criminal history affidavit.
	357	+	29 (c) The record must include the following information after
	358	+	30 employment:
	359	+	31 (1) Documentation of initial physical examination and results
	360	+	32 of initial tuberculosis test.
	361	+	33 (2) Annual report of tuberculosis screening results.
	362	+	34 (3) Annual evaluation of staff member's performance.
	363	+	35 (4) Documentation of workshops or training sessions attended
	364	+	36 and of courses of study successfully completed.
	365	+	37 (5) Dates of employment and termination with any reason for
	366	+	38 termination.
	367	+	39 (6) Copies of any incident report involving the staff member.
	368	+	40 Sec. 4. A licensee shall maintain the following information for
	369	+	41 each volunteer:
	370	+	42 (1) Name, address, and telephone number.
	371	+	ES 169—LS 6637/DI 148 9
	372	+	1 (2) Name, address, and telephone number of the person to be
	373	+	2 notified in the event of an emergency.
	374	+	3 (3) Documentation of reference with an evaluation of the
	375	+	4 following:
	376	+	5 (A) Ability, character, and suitability for working with
	377	+	6 children.
	378	+	7 (B) Orientation and training, as required by 465
	379	+	8 IAC 2-9-54 (in effect on January 1, 2023).
	380	+	9 (4) Documentation of initial physical examination and annual
	381	+	10 tuberculosis testing, if working in food service or having
	382	+	11 direct contact with children.
	383	+	12 SECTION 12. IC 31-27-9 IS ADDED TO THE INDIANA CODE
	384	+	13 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
	385	+	14 JULY 1, 2024]:
	386	+	15 Chapter 9. Health Records and Medications
	387	+	16 Sec. 1. For purposes of this chapter, the following definitions
	388	+	17 apply:
	389	+	18 (1) "Caseworker" includes staff who perform casework,
	390	+	19 group work tasks, or planning of services for children and
	391	+	20 their families.
	392	+	21 (2) "Licensed professional" means any of the following:
	393	+	22 (A) A physician licensed under IC 25-22.5.
	394	+	23 (B) An advanced practice registered nurse licensed under
	395	+	24 IC 25-23.
	396	+	25 (C) A physician assistant licensed under IC 25-27.5.
	397	+	26 (3) "Licensee" means a person who is licensed to operate one
	398	+	27 (1) or more of the following:
	399	+	28 (A) A children's home.
	400	+	29 (B) A child caring institution.
	401	+	30 (C) Emergency shelter care.
	402	+	31 (D) A private secure facility.
	403	+	32 (E) A group home.
	404	+	33 (F) An emergency shelter care group home.
	405	+	34 Sec. 2. (a) A licensee shall obtain from the placing agency or
	406	+	35 placing parent a statement indicating whether or not the child has,
	407	+	36 to the best of the agency's or parent's knowledge, been exposed to
	408	+	37 a communicable disease within twenty-one (21) days before the
	409	+	38 date of admission.
	410	+	39 (b) Each child must receive a health examination by a licensed
	411	+	40 professional within ninety-three (93) days before admission, or not
	412	+	41 later than twenty-one (21) days after admission. The examination
	413	+	42 must include the following:
	414	+	ES 169—LS 6637/DI 148 10
	415	+	1 (1) Health history.
	416	+	2 (2) Physical examination.
	417	+	3 (3) Vision and hearing screening.
	418	+	4 (4) A test for tuberculosis if the last such test is known to be
	419	+	5 negative or if there is no record of a test. If the test is positive
	420	+	6 the child shall have a diagnostic chest x-ray and other
	421	+	7 indicated laboratory tests to determine whether or not the
	422	+	8 disease is in an infectious state.
	423	+	9 (5) A written statement from the licensed professional that in
	424	+	10 the professional's opinion there is no health condition that
	425	+	11 would be hazardous either to the child or to other children in
	426	+	12 the licensee's care.
	427	+	13 (6) A statement of the medical findings, including physical
	428	+	14 defects and need for dental care, state of development, and
	429	+	15 ability of the child to take part in group activities, or a
	430	+	16 schedule of permitted activities if activities need to be limited.
	431	+	17 (7) A health examination, including a tuberculosis screen
	432	+	18 annually and a tuberculosis test whenever there is reason to
	433	+	19 suspect that the child may have a condition hazardous or
	434	+	20 potentially hazardous to others or whenever the child's
	435	+	21 general condition indicates the need for an examination.
	436	+	22 (c) Each child must receive a dental examination from a licensed
	437	+	23 dentist as follows:
	438	+	24 (1) Within forty-five (45) days of admission unless the child
	439	+	25 caring institution has documentation of a dental examination
	440	+	26 within the one hundred eighty-five (185) days before
	441	+	27 admission.
	442	+	28 (2) Annually.
	443	+	29 (3) Whenever an interim condition indicates the need for
	444	+	30 examination or treatment.
	445	+	31 (d) Any treatment or corrective measures required by the
	446	+	32 licensed professional or dentist must be arranged by the licensee,
	447	+	33 as approved by a parent, legal guardian, or placing agency.
	448	+	34 (e) A licensee, after attempting to determine the child's
	449	+	35 immunization history, shall ensure that each child has received all
	450	+	36 immunizations and booster shots which are required under
	451	+	37 IC 20-34-4-2(c)(1).
	452	+	38 (f) All children must be immunized against routine childhood
	453	+	39 diseases unless exempted by a licensed professional's statement.
	454	+	40 (g) A child may be exempted from immunizations against
	455	+	41 routine childhood diseases upon the good faith religious belief
	456	+	42 statement of the parent or guardian.
	457	+	ES 169—LS 6637/DI 148 11
	458	+	1 (h) The adequate immunizing doses and the child's age for
	459	+	2 administering each vaccine under subsection (e) must be those
	460	+	3 recommended by the Indiana department of health.
	461	+	4 (i) Adequate documentation of an immunization history must
	462	+	5 consist of one (1) of the following:
	463	+	6 (1) A licensed professional's certificate, including the number
	464	+	7 and dates of doses administered.
	465	+	8 (2) Immunization records forwarded from a school
	466	+	9 corporation, including the number and dates of doses
	467	+	10 administered.
	468	+	11 (3) A record maintained by the parent or guardian showing
	469	+	12 the month, day, and year during which each dose of vaccine
	470	+	13 was administered.
	471	+	14 (j) If a licensed professional certifies in writing that a particular
	472	+	15 immunization required under this section is detrimental, or may be
	473	+	16 detrimental, to the child's health, the requirements for that
	474	+	17 particular immunization are not applicable for that child until the
	475	+	18 immunization is found no longer to be detrimental to the child's
	476	+	19 health.
	477	+	20 (k) A licensee shall maintain a health record for each child. The
	478	+	21 record must include the following:
	479	+	22 (1) Admission and periodic health and dental examination
	480	+	23 information.
	481	+	24 (2) A licensed professional's written instructions with regard
	482	+	25 to special dietary or health care required.
	483	+	26 (3) Record of all medications and treatments.
	484	+	27 (4) Record of observations and incidents, including accidents,
	485	+	28 injuries, or any other condition which may be associated with
	486	+	29 a health condition or possible abuse or neglect.
	487	+	30 Sec. 3. (a) A licensee shall provide psychotropic medications to
	488	+	31 a child only as prescribed by a licensed professional in Indiana:
	489	+	32 (1) whose scope of work includes prescribing psychotropic
	490	+	33 medications; and
	491	+	34 (2) who has the responsibility for the diagnosis, treatment,
	492	+	35 and therapeutic planning for the child.
	493	+	36 (b) A licensee shall obtain from the prescribing licensed
	494	+	37 professional a written report at least every thirty-five (35) days for
	495	+	38 each child receiving psychotropic medication. The written report
	496	+	39 must state the reasons medication is being continued, discontinued,
	497	+	40 or changed, as well as any recommended changes in the treatment
	498	+	41 goals and planning. The report must be based on the licensed
	499	+	42 professional's review of reports by staff as well as the
	500	+	ES 169—LS 6637/DI 148 12
	501	+	1 professional's actual observation of the child at least every
	502	+	2 ninety-three (93) days.
	503	+	3 SECTION 13. [EFFECTIVE JULY 1, 2024] (a) The following
	504	+	4 administrative rules are void:
	505	+	5 (1) 465 IAC 2-2-5.
	506	+	6 (2) 465 IAC 2-2-6.
	507	+	7 (3) 465 IAC 2-2-11.
	508	+	8 (4) 465 IAC 2-9-44.
	509	+	9 (5) 465 IAC 2-9-49.
	510	+	10 (6) 465 IAC 2-9-73.
	511	+	11 (7) 465 IAC 2-9-75.
	512	+	12 (8) 465 IAC 2-9-76.
	513	+	13 (9) 465 IAC 2-10-44.
	514	+	14 (10) 465 IAC 2-10-45.
	515	+	15 (11) 465 IAC 2-10-49.
	516	+	16 (12) 465 IAC 2-10-73.
	517	+	17 (13) 465 IAC 2-10-75.
	518	+	18 (14) 465 IAC 2-11-44.
	519	+	19 (15) 465 IAC 2-11-45.
	520	+	20 (16) 465 IAC 2-11-49.
	521	+	21 (17) 465 IAC 2-11-73.
	522	+	22 (18) 465 IAC 2-11-75.
	523	+	23 (19) 465 IAC 2-11-76.
	524	+	24 (20) 465 IAC 2-12-44.
	525	+	25 (21) 465 IAC 2-12-45.
	526	+	26 (22) 465 IAC 2-12-49.
	527	+	27 (23) 465 IAC 2-12-71.
	528	+	28 (24) 465 IAC 2-12-73.
	529	+	29 (25) 465 IAC 2-12-74.
	530	+	30 (26) 465 IAC 2-13-44.
	531	+	31 (27) 465 IAC 2-13-45.
	532	+	32 (28) 465 IAC 2-13-49.
	533	+	33 (29) 465 IAC 2-13-71.
	534	+	34 (b) The publisher of the Indiana Administrative Code and
	535	+	35 Indiana Register shall remove the following provisions from the
	536	+	36 Indiana Administrative Code:
	537	+	37 (1) 465 IAC 2-2-5.
	538	+	38 (2) 465 IAC 2-2-6.
	539	+	39 (3) 465 IAC 2-2-11.
	540	+	40 (4) 465 IAC 2-9-44.
	541	+	41 (5) 465 IAC 2-9-49.
	542	+	42 (6) 465 IAC 2-9-73.
	543	+	ES 169—LS 6637/DI 148 13
	544	+	1 (7) 465 IAC 2-9-75.
	545	+	2 (8) 465 IAC 2-9-76.
	546	+	3 (9) 465 IAC 2-10-44.
	547	+	4 (10) 465 IAC 2-10-45.
	548	+	5 (11) 465 IAC 2-10-49.
	549	+	6 (12) 465 IAC 2-10-73.
	550	+	7 (13) 465 IAC 2-10-75.
	551	+	8 (14) 465 IAC 2-11-44.
	552	+	9 (15) 465 IAC 2-11-45.
	553	+	10 (16) 465 IAC 2-11-49.
	554	+	11 (17) 465 IAC 2-11-73.
	555	+	12 (18) 465 IAC 2-11-75.
	556	+	13 (19) 465 IAC 2-11-76.
	557	+	14 (20) 465 IAC 2-12-44.
	558	+	15 (21) 465 IAC 2-12-45.
	559	+	16 (22) 465 IAC 2-12-49.
	560	+	17 (23) 465 IAC 2-12-71.
	561	+	18 (24) 465 IAC 2-12-73.
	562	+	19 (25) 465 IAC 2-12-74.
	563	+	20 (26) 465 IAC 2-13-44.
	564	+	21 (27) 465 IAC 2-13-45.
	565	+	22 (28) 465 IAC 2-13-49.
	566	+	23 (29) 465 IAC 2-13-71.
	567	+	24 (c) This SECTION expires July 1, 2025.
	568	+	ES 169—LS 6637/DI 148 14
	569	+	COMMITTEE REPORT
	570	+	Madam President: The Senate Committee on Family and Children
	571	+	Services, to which was referred Senate Bill No. 169, has had the same
	572	+	under consideration and begs leave to report the same back to the
	573	+	Senate with the recommendation that said bill be AMENDED as
	574	+	follows:
	575	+	Page 5, line 32, after "(b)" delete "A" and insert "Except as
	576	+	provided in subsection (c), a".
	577	+	Page 5, between lines 33 and 34, begin a new paragraph and insert:
	578	+	"(c) A private secure facility shall have one (1) caseworker for
	579	+	every fifteen (15) children in care.".
	580	+	Page 5, line 34, delete "(c)" and insert "(d)".
	581	+	and when so amended that said bill do pass.
	582	+	(Reference is to SB 169 as introduced.)
	583	+	WALKER G, Chairperson
	584	+	Committee Vote: Yeas 8, Nays 0.
	585	+	_____
	586	+	SENATE MOTION
	587	+	Madam President: I move that Senate Bill 169 be amended to read
	588	+	as follows:
	589	+	Page 7, between lines 1 and 2, begin a new line block indented and
	590	+	insert:
	591	+	"(2) "Licensed professional" means any of the following:
	592	+	(A) A physician licensed under IC 25-22.5.
	593	+	(B) A nurse practitioner licensed under IC 25-23.
	594	+	(C) A physician assistant licensed under IC 25-27.5.".
	595	+	Page 7, line 2, delete "(2)" and insert "(3)".
	596	+	Page 8, line 11, delete "by the" and insert "under
	597	+	IC 20-34-4-2(c)(1).".
	598	+	Page 8, delete line 12.
	599	+	Page 8, line 19, after "vaccine" insert "under subsection (e)".
	600	+	Page 8, line 19, after "by the" insert "Indiana department of
	601	+	health.".
	602	+	ES 169—LS 6637/DI 148 15
	603	+	Page 8, delete lines 20 through 21.
	604	+	(Reference is to SB 169 as printed January 30, 2024.)
	605	+	JOHNSON T
	606	+	_____
	607	+	COMMITTEE REPORT
	608	+	Mr. Speaker: Your Committee on Family, Children and Human
	609	+	Affairs, to which was referred Senate Bill 169, has had the same under
	610	+	consideration and begs leave to report the same back to the House with
	611	+	the recommendation that said bill be amended as follows:
	612	+	Page 1, between lines 5 and 6, begin a new paragraph and insert:
	613	+	"SECTION 2. IC 31-9-2-13, AS AMENDED BY P.L.243-2019,
21	614		SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
22	615		JULY 1, 2024]: Sec. 13. (a) "Child", for purposes of IC 31-15, IC 31-16
23	616		(excluding IC 31-16-12.5), and IC 31-17, means a child or children of
24	617		both parties to the marriage. The term includes the following:
25	618		(1) Children born out of wedlock to the parties.
26	619		(2) Children born or adopted during the marriage of the parties.
27	620		(b) "Child", for purposes of the Uniform Interstate Family Support
28	621		Act under IC 31-18.5, has the meaning set forth in IC 31-18.5-1-2.
29	622		(c) "Child", for purposes of IC 31-19-5, includes an unborn child.
30	623		(d) Except as otherwise provided in this section, "child", for
31	624		purposes of the juvenile law and IC 31-27, means:
32	625		(1) a person who is less than eighteen (18) years of age;
33	626		(2) a person:
34	627		(A) who is eighteen (18), nineteen (19), or twenty (20) years
35	628		of age; and
36		-	SEA 169 — Concur 2
37	629		(B) who either:
38	630		(i) is charged with a delinquent act committed before the
39	631		person's eighteenth birthday; or
40	632		(ii) has been adjudicated a child in need of services before
41	633		the person's eighteenth birthday; or
42	634		(3) a person:
43	635		(A) who is alleged to have committed an act that would have
44	636		been murder if committed by an adult;
45	637		(B) who was less than eighteen (18) years of age at the time of
46	638		the alleged act; and
47	639		(C) who is less than twenty-one (21) years of age.
48	640		(e) "Child", for purposes of IC 31-36-3, means a person who is less
	641	+	ES 169—LS 6637/DI 148 16
49	642		than eighteen (18) years of age.
50	643		(f) "Child", for purposes of the Interstate Compact on Juveniles
51	644		under IC 31-37-23-1, has the meaning set forth in IC 31-37-23-1.
52	645		(g) "Child", for purposes of IC 31-16-12.5, means an individual to
53	646		whom child support is owed under:
54	647		(1) a child support order issued under IC 31-14-10 or IC 31-16-6;
55	648		or
56	649		(2) any other child support order that is enforceable under
57	650		IC 31-16-12.5.
58	651		(h) "Child", for purposes of IC 31-32-5, means an individual who is
59	652		less than eighteen (18) years of age.
60	653		(i) "Child", for purposes of the Uniform Child Custody Jurisdiction
61	654		Act under IC 31-21, has the meaning set forth in IC 31-21-2-3.
62	655		(j) "Child", for purposes of IC 31-35-2-4.5, means an individual who
63	656		is:
64	657		(1) less than eighteen (18) years of age; and
65	658		(2) a delinquent child or a child in need of services.
66	659		(k) "Child", for purposes of IC 31-33, includes an individual
67	660		who:
68	661		(1) is at least eighteen (18) years of age but less than
69	662		twenty-one (21) years of age; and
70	663		(2) resides, or has previously resided, at a residential facility
71	664		licensed by the department.
72	665		SECTION 3. IC 31-9-2-14, AS AMENDED BY P.L.46-2016,
73	666		SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
74	667		JULY 1, 2024]: Sec. 14. (a) "Child abuse or neglect", for purposes of
75	668		IC 31-32-11-1, IC 31-33, IC 31-34-7-4, and IC 31-39-8-4, refers to:
76	669		(1) a child described in IC 31-34-1-1 through IC 31-34-1-5 and
77	670		IC 31-34-1-8 through IC 31-34-1-11, regardless of whether the
78	671		child needs care, treatment, rehabilitation, or the coercive
79		-	SEA 169 — Concur 3
80	672		intervention of a court; or
81	673		(2) an individual who:
82	674		(A) is at least eighteen (18) years of age but less than
83	675		twenty-one (21) years of age;
84	676		(B) resides, or has previously resided, at a residential
85	677		facility licensed by the department; and
86	678		(C) is harmed or threatened with harm as a result of:
87	679		(i) a battery offense included in IC 35-42-2; or
88	680		(ii) sexual activity (as defined in IC 35-42-4-13(b));
89	681		committed by a member of the staff at the residential
90	682		facility.
91	683		(b) For purposes of subsection (a), the term under subsection (a)
	684	+	ES 169—LS 6637/DI 148 17
92	685		does not refer to a child who is alleged to be a victim of a sexual
93	686		offense under IC 35-42-4-3 unless the alleged offense under
94	687		IC 35-42-4-3 involves the fondling or touching of the buttocks,
95	688		genitals, or female breasts, regardless of whether the child needs care,
96	689		treatment, rehabilitation, or the coercive intervention of a court.
97	690		(c) "Child abuse or neglect", for purposes of IC 31-34-2.3, refers to
98	691		acts or omissions by a person against a child as described in
99	692		IC 31-34-1-1 through IC 31-34-1-11, regardless of whether the child
100	693		needs care, treatment, rehabilitation, or the coercive intervention of a
101		-	court.
102		-	SECTION 4. IC 31-9-2-43.6 IS ADDED TO THE INDIANA CODE
103		-	AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
104		-	1, 2024]: Sec. 43.6. "Emergency shelter", for purposes of IC 31-27,
105		-	means a short term place of residence, other than a private secure
106		-	facility, that:
107		-	(1) is not locked to prevent a child's departure unless the
108		-	administrator determines that locking is necessary to protect
109		-	the child's health; and
110		-	(2) provides twenty-four (24) hours a day temporary care for
111		-	not more than sixty (60) consecutive days to an individual
112		-	child who is six (6) years of age or older admitted on an
113		-	emergency basis.
114		-	SECTION 5. IC 31-9-2-96.5 IS ADDED TO THE INDIANA CODE
115		-	AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
116		-	1, 2024]: Sec. 96.5. (a) Except as provided in subsection (b),
117		-	"private secure facility", for purposes of the juvenile law, means
118		-	the following:
119		-	(1) A facility that is licensed under IC 31-27 to operate as a
120		-	private secure facility.
121		-	(2) A private facility that is licensed in another state to
122		-	SEA 169 — Concur 4
123		-	provide residential care and treatment to one (1) or more
124		-	children in a secure facility other than a detention center,
125		-	prison, jail, or similar correctional facility.
126		-	(b) "Private secure facility", for purposes of IC 31-27, means a
127		-	private secure facility other than the following:
128		-	(1) A juvenile detention facility established under IC 31-31-8
129		-	or IC 31-31-9 (or IC 31-6-9-5 or IC 31-6-9.5 before their
130		-	repeal).
131		-	(2) A facility operated by the department of correction.
132		-	(3) A county jail.
133		-	(4) A detention center operated by a county sheriff.
134		-	SECTION 6. IC 31-9-2-133, AS AMENDED BY P.L.86-2018,
	694	+	court.".
	695	+	Page 2, between lines 19 and 20, begin a new paragraph and insert:
	696	+	"SECTION 6. IC 31-9-2-133, AS AMENDED BY P.L.86-2018,
135	697		SECTION 216, IS AMENDED TO READ AS FOLLOWS
136	698		[EFFECTIVE JULY 1, 2024]: Sec. 133. (a) "Victim of child abuse or
137	699		neglect", for purposes of IC 31-32-11-1 and IC 31-33, refers to:
138	700		(1) a child as described in:
139	701		(1) (A) IC 31-34-1-1 through IC 31-34-1-5;
140	702		(2) (B) IC 31-34-1-10; or
141	703		(3) (C) IC 31-34-1-11;
142	704		regardless of whether the child needs care, treatment,
143	705		rehabilitation, or the coercive intervention of a court; or
144	706		(2) an individual who:
145	707		(A) is at least eighteen (18) years of age but less than
146	708		twenty-one (21) years of age;
147	709		(B) resides, or has previously resided, at a residential
148	710		facility licensed by the department; and
149	711		(C) is harmed or threatened with harm as a result of:
150	712		(i) a battery offense included in IC 35-42-2; or
151	713		(ii) sexual activity (as defined in IC 35-42-4-13(b));
152	714		committed by a member of the staff at the residential
153	715		facility.
154	716		(b) The term does not include a child who is alleged to be a victim
155	717		of a sexual offense under IC 35-42-4-3 unless the alleged offense under
156	718		IC 35-42-4-3 involves the fondling or touching of the buttocks,
157		-	genitals, or female breasts.
158		-	SECTION 7. IC 31-27-6-15.5 IS ADDED TO THE INDIANA
159		-	CODE AS A NEW SECTION TO READ AS FOLLOWS
160		-	[EFFECTIVE JULY 1, 2024]: Sec. 15.5. (a) A child placing agency
161		-	shall establish minimum qualifications for each classification of
162		-	employee. The standards in subsections (b) through (e) must be
163		-	used as a guide by each child placing agency in establishing
164		-	minimum qualifications for the classifications of an executive, a
165		-	SEA 169 — Concur 5
166		-	casework supervisor, a caseworker, and a worker in training, and
167		-	by the department in the licensing of each child placing agency.
168		-	(b) An executive must have the following:
169		-	(1) A bachelor's degree.
170		-	(2) At least one (1) of the following:
171		-	(A) Five (5) years of paid experience in a field related to
172		-	social work, at least two (2) years of which were:
173		-	(i) in social work; or
174		-	(ii) in a supervisory or administrative capacity in a field
175		-	related to social work, including working for the
176		-	department.
177		-	(B) A master's degree in social work, counseling, or a
178		-	related human services area and at least two (2) years of
179		-	paid experience:
180		-	(i) in social work; or
181		-	(ii) in a supervisory or administrative capacity in a field
182		-	related to social work, including working for the
183		-	department.
184		-	(c) A casework supervisor must have the following:
185		-	(1) A bachelor's degree.
186		-	(2) One (1) year of graduate training in social work,
187		-	counseling, or a related human service area of study.
188		-	(3) At least one (1) of the following:
189		-	(A) Three (3) years of supervised paid casework
190		-	experience, at least one (1) year of which was with a
191		-	licensed child placing agency or with the department.
192		-	(B) A master's degree from a recognized school of social
193		-	work and at least one (1) year of supervised paid casework
194		-	experience in a licensed child placing agency or with the
195		-	department.
196		-	(d) A caseworker must have the following:
197		-	(1) A bachelor's degree.
198		-	(2) At least one (1) of the following:
199		-	(A) Three (3) years of supervised paid casework
200		-	experience.
201		-	(B) One (1) year of supervised paid casework experience in
202		-	a licensed child placing agency or with the department.
203		-	(C) One (1) year of graduate training in a recognized
204		-	school of social work.
205		-	(e) A worker in training must have a bachelor's degree.
206		-	(f) A child placing agency must only employ a staff member who
207		-	is:
208		-	SEA 169 — Concur 6
209		-	(1) duly qualified;
210		-	(2) of good moral character; and
211		-	(3) in satisfactory health.
212		-	(g) An employee who is in a position on January 1, 2012, and
213		-	who qualified for that position on December 31, 2011, is exempt
214		-	from the requirements of this section.
215		-	SECTION 8. IC 31-27-6-15.7 IS ADDED TO THE INDIANA
216		-	CODE AS A NEW SECTION TO READ AS FOLLOWS
217		-	[EFFECTIVE JULY 1, 2024]: Sec. 15.7. (a) The following
218		-	restrictions apply to caseworker caseloads:
219		-	(1) Except as otherwise provided in this section, a caseworker
220		-	may not supervise more than eighteen (18) children.
221		-	(2) The department shall determine the appropriate
222		-	caseworker to child ratio, which may be between 1:8 and 1:12
223		-	for children requiring enhanced supervision.
224		-	(3) A caseworker with a caseload including some children
225		-	requiring enhanced supervision may not supervise more than
226		-	fifteen (15) children. The caseworker may, if needed, carry a
227		-	reduced caseload of not more than ten (10) children based on
228		-	the level of enhanced supervision required for the children
229		-	being served.
230		-	(b) A casework supervisor may supervise at least five (5)
231		-	caseworkers but not more than eight (8) caseworkers, depending
232		-	on the level of enhanced supervision required for the children
233		-	being served.
234		-	SECTION 9. IC 31-27-6-15.8 IS ADDED TO THE INDIANA
235		-	CODE AS A NEW SECTION TO READ AS FOLLOWS
236		-	[EFFECTIVE JULY 1, 2024]: Sec. 15.8. (a) A child placing agency
237		-	shall employ a sufficient number of office staff members to
238		-	properly maintain office administrative procedures on a current
239		-	basis.
240		-	(b) A child placing agency shall adopt specific written policies
241		-	regarding personnel practices affecting staff members of the
242		-	agency.
243		-	SECTION 10. IC 31-27-6-15.9 IS ADDED TO THE INDIANA
244		-	CODE AS A NEW SECTION TO READ AS FOLLOWS
245		-	[EFFECTIVE JULY 1, 2024]: Sec. 15.9. (a) A child placing agency
246		-	providing medical or dental care to a child in the agency's care
247		-	must only use the services of licensed professionals, and the
248		-	services rendered must be within the licensed professional's scope
249		-	of practice.
250		-	(b) Each child must receive a thorough physical examination
251		-	SEA 169 — Concur 7
252		-	once the child placing agency accepts the child for placement in
253		-	foster care. The physical examination must be performed by a
254		-	licensed professional in Indiana whose scope of practice includes
255		-	providing physical examinations. The child placing agency shall
256		-	make every effort to arrange for any treatment recommended by
257		-	the examining licensed professional.
258		-	(c) Each child in foster care must receive a physical examination
259		-	described in subsection (b) at least one (1) time every calendar
260		-	year.
261		-	(d) Each child must receive a dental examination once the child
262		-	placing agency accepts the child for placement in foster care. The
263		-	child placing agency shall arrange for any treatment recommended
264		-	by the examining dentist.
265		-	(e) Each child in foster care must receive a dental examination
266		-	at least one (1) time every calendar year. However, the child
267		-	placing agency shall arrange for an additional examination and
268		-	any required treatment if the child's condition indicates the need.
269		-	(f) The child placing agency shall maintain a record of the
270		-	medical and dental history and treatment for each child.
271		-	SECTION 11. IC 31-27-8 IS ADDED TO THE INDIANA CODE
272		-	AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
273		-	JULY 1, 2024]:
274		-	Chapter 8. Personnel Records and Qualifications
275		-	Sec. 1. For purposes of this chapter, the following definitions
276		-	apply:
277		-	(1) "Caseworker" includes staff who perform casework,
278		-	group work tasks, or planning of services for children and
279		-	their families.
280		-	(2) "Licensee" means a person who is licensed to operate one
281		-	(1) or more of the following:
282		-	(A) A children's home.
283		-	(B) A child caring institution.
284		-	(C) Emergency shelter care.
285		-	(D) A private secure facility.
286		-	(E) A group home.
287		-	(F) An emergency shelter care group home.
288		-	Sec. 2. (a) A caseworker shall meet one (1) of the following
289		-	requirements:
290		-	(1) Have a bachelor's degree.
291		-	(2) Have an associate's degree and at least two (2) years of
292		-	human services job experience.
293		-	(3) Completed thirty (30) college credit hours from an
294		-	SEA 169 — Concur 8
295		-	accredited institution and at least four (4) years of human
296		-	services job experience.
297		-	(4) Have a high school diploma and at least five (5) years of
298		-	human services job experience.
299		-	(b) Except as provided in subsection (c), a licensee shall have at
300		-	least one (1) caseworker for every twenty-four (24) children in
301		-	care.
302		-	(c) A private secure facility shall have one (1) caseworker for
303		-	every fifteen (15) children in care.
304		-	(d) A licensee shall employ a supervisor for casework staff when
305		-	the licensee employs six (6) or more caseworkers.
306		-	Sec. 3. (a) A licensee shall establish and maintain an individual
307		-	record for each staff member.
308		-	(b) The record must include the following information before
309		-	employment:
310		-	(1) Application.
311		-	(2) Name, address, and telephone number.
312		-	(3) Name, address, and telephone number of the person to be
313		-	notified in the event of an emergency.
314		-	(4) Documentation of training, education, experience, and any
315		-	other required qualifications.
316		-	(5) Reference notes or reports, with evaluations of ability,
317		-	character, and suitability for working with children.
318		-	(6) Signed, notarized criminal history affidavit.
319		-	(c) The record must include the following information after
320		-	employment:
321		-	(1) Documentation of initial physical examination and results
322		-	of initial tuberculosis test.
323		-	(2) Annual report of tuberculosis screening results.
324		-	(3) Annual evaluation of staff member's performance.
325		-	(4) Documentation of workshops or training sessions attended
326		-	and of courses of study successfully completed.
327		-	(5) Dates of employment and termination with any reason for
328		-	termination.
329		-	(6) Copies of any incident report involving the staff member.
330		-	Sec. 4. A licensee shall maintain the following information for
331		-	each volunteer:
332		-	(1) Name, address, and telephone number.
333		-	(2) Name, address, and telephone number of the person to be
334		-	notified in the event of an emergency.
335		-	(3) Documentation of reference with an evaluation of the
336		-	following:
337		-	SEA 169 — Concur 9
338		-	(A) Ability, character, and suitability for working with
339		-	children.
340		-	(B) Orientation and training, as required by 465
341		-	IAC 2-9-54 (in effect on January 1, 2023).
342		-	(4) Documentation of initial physical examination and annual
343		-	tuberculosis testing, if working in food service or having
344		-	direct contact with children.
345		-	SECTION 12. IC 31-27-9 IS ADDED TO THE INDIANA CODE
346		-	AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
347		-	JULY 1, 2024]:
348		-	Chapter 9. Health Records and Medications
349		-	Sec. 1. For purposes of this chapter, the following definitions
350		-	apply:
351		-	(1) "Caseworker" includes staff who perform casework,
352		-	group work tasks, or planning of services for children and
353		-	their families.
354		-	(2) "Licensed professional" means any of the following:
355		-	(A) A physician licensed under IC 25-22.5.
356		-	(B) An advanced practice registered nurse licensed under
357		-	IC 25-23.
358		-	(C) A physician assistant licensed under IC 25-27.5.
359		-	(3) "Licensee" means a person who is licensed to operate one
360		-	(1) or more of the following:
361		-	(A) A children's home.
362		-	(B) A child caring institution.
363		-	(C) Emergency shelter care.
364		-	(D) A private secure facility.
365		-	(E) A group home.
366		-	(F) An emergency shelter care group home.
367		-	Sec. 2. (a) A licensee shall obtain from the placing agency or
368		-	placing parent a statement indicating whether or not the child has,
369		-	to the best of the agency's or parent's knowledge, been exposed to
370		-	a communicable disease within twenty-one (21) days before the
371		-	date of admission.
372		-	(b) Each child must receive a health examination by a licensed
373		-	professional within ninety-three (93) days before admission, or not
374		-	later than twenty-one (21) days after admission. The examination
375		-	must include the following:
376		-	(1) Health history.
377		-	(2) Physical examination.
378		-	(3) Vision and hearing screening.
379		-	(4) A test for tuberculosis if the last such test is known to be
380		-	SEA 169 — Concur 10
381		-	negative or if there is no record of a test. If the test is positive
382		-	the child shall have a diagnostic chest x-ray and other
383		-	indicated laboratory tests to determine whether or not the
384		-	disease is in an infectious state.
385		-	(5) A written statement from the licensed professional that in
386		-	the professional's opinion there is no health condition that
387		-	would be hazardous either to the child or to other children in
388		-	the licensee's care.
389		-	(6) A statement of the medical findings, including physical
390		-	defects and need for dental care, state of development, and
391		-	ability of the child to take part in group activities, or a
392		-	schedule of permitted activities if activities need to be limited.
393		-	(7) A health examination, including a tuberculosis screen
394		-	annually and a tuberculosis test whenever there is reason to
395		-	suspect that the child may have a condition hazardous or
396		-	potentially hazardous to others or whenever the child's
397		-	general condition indicates the need for an examination.
398		-	(c) Each child must receive a dental examination from a licensed
399		-	dentist as follows:
400		-	(1) Within forty-five (45) days of admission unless the child
401		-	caring institution has documentation of a dental examination
402		-	within the one hundred eighty-five (185) days before
403		-	admission.
404		-	(2) Annually.
405		-	(3) Whenever an interim condition indicates the need for
406		-	examination or treatment.
407		-	(d) Any treatment or corrective measures required by the
408		-	licensed professional or dentist must be arranged by the licensee,
409		-	as approved by a parent, legal guardian, or placing agency.
410		-	(e) A licensee, after attempting to determine the child's
411		-	immunization history, shall ensure that each child has received all
412		-	immunizations and booster shots which are required under
413		-	IC 20-34-4-2(c)(1).
414		-	(f) All children must be immunized against routine childhood
415		-	diseases unless exempted by a licensed professional's statement.
416		-	(g) A child may be exempted from immunizations against
417		-	routine childhood diseases upon the good faith religious belief
418		-	statement of the parent or guardian.
419		-	(h) The adequate immunizing doses and the child's age for
420		-	administering each vaccine under subsection (e) must be those
421		-	recommended by the Indiana department of health.
422		-	(i) Adequate documentation of an immunization history must
423		-	SEA 169 — Concur 11
424		-	consist of one (1) of the following:
425		-	(1) A licensed professional's certificate, including the number
426		-	and dates of doses administered.
427		-	(2) Immunization records forwarded from a school
428		-	corporation, including the number and dates of doses
429		-	administered.
430		-	(3) A record maintained by the parent or guardian showing
431		-	the month, day, and year during which each dose of vaccine
432		-	was administered.
433		-	(j) If a licensed professional certifies in writing that a particular
434		-	immunization required under this section is detrimental, or may be
435		-	detrimental, to the child's health, the requirements for that
436		-	particular immunization are not applicable for that child until the
437		-	immunization is found no longer to be detrimental to the child's
438		-	health.
439		-	(k) A licensee shall maintain a health record for each child. The
440		-	record must include the following:
441		-	(1) Admission and periodic health and dental examination
442		-	information.
443		-	(2) A licensed professional's written instructions with regard
444		-	to special dietary or health care required.
445		-	(3) Record of all medications and treatments.
446		-	(4) Record of observations and incidents, including accidents,
447		-	injuries, or any other condition which may be associated with
448		-	a health condition or possible abuse or neglect.
449		-	Sec. 3. (a) A licensee shall provide psychotropic medications to
450		-	a child only as prescribed by a licensed professional in Indiana:
451		-	(1) whose scope of work includes prescribing psychotropic
452		-	medications; and
453		-	(2) who has the responsibility for the diagnosis, treatment,
454		-	and therapeutic planning for the child.
455		-	(b) A licensee shall obtain from the prescribing licensed
456		-	professional a written report at least every thirty-five (35) days for
457		-	each child receiving psychotropic medication. The written report
458		-	must state the reasons medication is being continued, discontinued,
459		-	or changed, as well as any recommended changes in the treatment
460		-	goals and planning. The report must be based on the licensed
461		-	professional's review of reports by staff as well as the
462		-	professional's actual observation of the child at least every
463		-	ninety-three (93) days.
464		-	SECTION 13. [EFFECTIVE JULY 1, 2024] (a) The following
	719	+	genitals, or female breasts.".
	720	+	Page 3, line 42, delete ",".
	721	+	Page 4, line 23, delete "must only use:" and insert "must only use
	722	+	the services of licensed professionals, and the services rendered
	723	+	must be within the licensed professional's scope of practice.".
	724	+	Page 4, delete lines 24 through 26.
	725	+	Page 5, line 38, delete "institution" and insert "licensee".
	726	+	Page 6, line 15, delete "employee's" and insert "staff member's".
	727	+	ES 169—LS 6637/DI 148 18
	728	+	Page 6, line 25, after "event of" insert "an".
	729	+	Page 7, line 4, delete "A nurse practitioner" and insert "An
	730	+	advanced practice registered nurse".
	731	+	Page 7, line 34, delete "child caring institution." and insert
	732	+	"licensee's care.".
	733	+	Page 9, delete lines 24 through 42, begin a new paragraph and
	734	+	insert:
	735	+	"SECTION 10. [EFFECTIVE JULY 1, 2024] (a) The following
465	736		administrative rules are void:
466		-	SEA 169 — Concur 12
467	737		(1) 465 IAC 2-2-5.
468	738		(2) 465 IAC 2-2-6.
469	739		(3) 465 IAC 2-2-11.
470	740		(4) 465 IAC 2-9-44.
471	741		(5) 465 IAC 2-9-49.
472	742		(6) 465 IAC 2-9-73.
473	743		(7) 465 IAC 2-9-75.
474	744		(8) 465 IAC 2-9-76.
475	745		(9) 465 IAC 2-10-44.
476	746		(10) 465 IAC 2-10-45.
477	747		(11) 465 IAC 2-10-49.
478	748		(12) 465 IAC 2-10-73.
479	749		(13) 465 IAC 2-10-75.
480	750		(14) 465 IAC 2-11-44.
481	751		(15) 465 IAC 2-11-45.
482	752		(16) 465 IAC 2-11-49.
483	753		(17) 465 IAC 2-11-73.
484	754		(18) 465 IAC 2-11-75.
485	755		(19) 465 IAC 2-11-76.
486	756		(20) 465 IAC 2-12-44.
487	757		(21) 465 IAC 2-12-45.
488	758		(22) 465 IAC 2-12-49.
489	759		(23) 465 IAC 2-12-71.
490	760		(24) 465 IAC 2-12-73.
491	761		(25) 465 IAC 2-12-74.
492	762		(26) 465 IAC 2-13-44.
493	763		(27) 465 IAC 2-13-45.
494	764		(28) 465 IAC 2-13-49.
495	765		(29) 465 IAC 2-13-71.
496	766		(b) The publisher of the Indiana Administrative Code and
497	767		Indiana Register shall remove the following provisions from the
498	768		Indiana Administrative Code:
499	769		(1) 465 IAC 2-2-5.
	770	+	ES 169—LS 6637/DI 148 19
500	771		(2) 465 IAC 2-2-6.
501	772		(3) 465 IAC 2-2-11.
502	773		(4) 465 IAC 2-9-44.
503	774		(5) 465 IAC 2-9-49.
504	775		(6) 465 IAC 2-9-73.
505	776		(7) 465 IAC 2-9-75.
506	777		(8) 465 IAC 2-9-76.
507	778		(9) 465 IAC 2-10-44.
508	779		(10) 465 IAC 2-10-45.
509		-	SEA 169 — Concur 13
510	780		(11) 465 IAC 2-10-49.
511	781		(12) 465 IAC 2-10-73.
512	782		(13) 465 IAC 2-10-75.
513	783		(14) 465 IAC 2-11-44.
514	784		(15) 465 IAC 2-11-45.
515	785		(16) 465 IAC 2-11-49.
516	786		(17) 465 IAC 2-11-73.
517	787		(18) 465 IAC 2-11-75.
518	788		(19) 465 IAC 2-11-76.
519	789		(20) 465 IAC 2-12-44.
520	790		(21) 465 IAC 2-12-45.
521	791		(22) 465 IAC 2-12-49.
522	792		(23) 465 IAC 2-12-71.
523	793		(24) 465 IAC 2-12-73.
524	794		(25) 465 IAC 2-12-74.
525	795		(26) 465 IAC 2-13-44.
526	796		(27) 465 IAC 2-13-45.
527	797		(28) 465 IAC 2-13-49.
528	798		(29) 465 IAC 2-13-71.
529		-	(c) This SECTION expires July 1, 2025.
530		-	SEA 169 — Concur President of the Senate
531		-	President Pro Tempore
532		-	Speaker of the House of Representatives
533		-	Governor of the State of Indiana
534		-	Date: Time:
535		-	SEA 169 — Concur
	799	+	(c) This SECTION expires July 1, 2025.".
	800	+	Delete page 10.
	801	+	Renumber all SECTIONS consecutively.
	802	+	and when so amended that said bill do pass.
	803	+	(Reference is to SB 169 as reprinted February 2, 2024.)
	804	+	DEVON
	805	+	Committee Vote: yeas 12, nays 0.
	806	+	ES 169—LS 6637/DI 148 20
	807	+	HOUSE MOTION
	808	+	Mr. Speaker: I move that Engrossed Senate Bill 169 be amended to
	809	+	read as follows:
	810	+	Page 7, line 37, delete "An emergency" and insert "Emergency".
	811	+	Page 9, line 30, delete "An emergency" and insert "Emergency".
	812	+	Page 9, line 36, delete "applicant's" and insert "agency's or
	813	+	parent's".
	814	+	Page 9, line 37, delete "three (3) weeks" and insert "twenty-one
	815	+	(21) days".
	816	+	Page 9, line 40, delete "three (3) months" and insert "ninety-three
	817	+	(93) days".
	818	+	Page 9, line 41, delete "three (3) weeks" and insert "twenty-one
	819	+	(21) days".
	820	+	Page 10, line 24, delete "thirty (30)" and insert "forty-five (45)".
	821	+	Page 10, line 26, delete "six (6) months" and insert "one hundred
	822	+	eighty-five (185) days".
	823	+	Page 11, line 36, delete "calendar month" and insert "thirty-five
	824	+	(35) days".
	825	+	Page 11, line 42, delete "three" and insert "ninety-three".
	826	+	Page 12, line 1, delete "(3) calendar months." and insert "(93)
	827	+	days.".
	828	+	(Reference is to ESB 169 as printed February 15, 2024.)
	829	+	JUDY
	830	+	ES 169—LS 6637/DI 148