Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
SENATE ENROLLED ACT No. 169
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:
SECTION 1. IC 31-9-2-11, AS AMENDED BY P.L.146-2006,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 11. "Caseworker", for purposes of the juvenile law
(excluding IC 31-27), means an employee of the department of child
services who is classified as a family case manager.
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
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(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
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
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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)
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.
SECTION 4. IC 31-9-2-43.6 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2024]: Sec. 43.6. "Emergency shelter", for purposes of IC 31-27,
means a short term place of residence, other than a private secure
facility, that:
(1) is not locked to prevent a child's departure unless the
administrator determines that locking is necessary to protect
the child's health; and
(2) provides twenty-four (24) hours a day temporary care for
not more than sixty (60) consecutive days to an individual
child who is six (6) years of age or older admitted on an
emergency basis.
SECTION 5. IC 31-9-2-96.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2024]: Sec. 96.5. (a) Except as provided in subsection (b),
"private secure facility", for purposes of the juvenile law, means
the following:
(1) A facility that is licensed under IC 31-27 to operate as a
private secure facility.
(2) A private facility that is licensed in another state to
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provide residential care and treatment to one (1) or more
children in a secure facility other than a detention center,
prison, jail, or similar correctional facility.
(b) "Private secure facility", for purposes of IC 31-27, means a
private secure facility other than the following:
(1) A juvenile detention facility established under IC 31-31-8
or IC 31-31-9 (or IC 31-6-9-5 or IC 31-6-9.5 before their
repeal).
(2) A facility operated by the department of correction.
(3) A county jail.
(4) A detention center operated by a county sheriff.
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.
SECTION 7. IC 31-27-6-15.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 15.5. (a) A child placing agency
shall establish minimum qualifications for each classification of
employee. The standards in subsections (b) through (e) must be
used as a guide by each child placing agency in establishing
minimum qualifications for the classifications of an executive, a
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casework supervisor, a caseworker, and a worker in training, and
by the department in the licensing of each child placing agency.
(b) An executive must have the following:
(1) A bachelor's degree.
(2) At least one (1) of the following:
(A) Five (5) years of paid experience in a field related to
social work, at least two (2) years of which were:
(i) in social work; or
(ii) in a supervisory or administrative capacity in a field
related to social work, including working for the
department.
(B) A master's degree in social work, counseling, or a
related human services area and at least two (2) years of
paid experience:
(i) in social work; or
(ii) in a supervisory or administrative capacity in a field
related to social work, including working for the
department.
(c) A casework supervisor must have the following:
(1) A bachelor's degree.
(2) One (1) year of graduate training in social work,
counseling, or a related human service area of study.
(3) At least one (1) of the following:
(A) Three (3) years of supervised paid casework
experience, at least one (1) year of which was with a
licensed child placing agency or with the department.
(B) A master's degree from a recognized school of social
work and at least one (1) year of supervised paid casework
experience in a licensed child placing agency or with the
department.
(d) A caseworker must have the following:
(1) A bachelor's degree.
(2) At least one (1) of the following:
(A) Three (3) years of supervised paid casework
experience.
(B) One (1) year of supervised paid casework experience in
a licensed child placing agency or with the department.
(C) One (1) year of graduate training in a recognized
school of social work.
(e) A worker in training must have a bachelor's degree.
(f) A child placing agency must only employ a staff member who
is:
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(1) duly qualified;
(2) of good moral character; and
(3) in satisfactory health.
(g) An employee who is in a position on January 1, 2012, and
who qualified for that position on December 31, 2011, is exempt
from the requirements of this section.
SECTION 8. IC 31-27-6-15.7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 15.7. (a) The following
restrictions apply to caseworker caseloads:
(1) Except as otherwise provided in this section, a caseworker
may not supervise more than eighteen (18) children.
(2) The department shall determine the appropriate
caseworker to child ratio, which may be between 1:8 and 1:12
for children requiring enhanced supervision.
(3) A caseworker with a caseload including some children
requiring enhanced supervision may not supervise more than
fifteen (15) children. The caseworker may, if needed, carry a
reduced caseload of not more than ten (10) children based on
the level of enhanced supervision required for the children
being served.
(b) A casework supervisor may supervise at least five (5)
caseworkers but not more than eight (8) caseworkers, depending
on the level of enhanced supervision required for the children
being served.
SECTION 9. IC 31-27-6-15.8 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 15.8. (a) A child placing agency
shall employ a sufficient number of office staff members to
properly maintain office administrative procedures on a current
basis.
(b) A child placing agency shall adopt specific written policies
regarding personnel practices affecting staff members of the
agency.
SECTION 10. IC 31-27-6-15.9 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 15.9. (a) A child placing agency
providing medical or dental care to a child in the agency's care
must only use the services of licensed professionals, and the
services rendered must be within the licensed professional's scope
of practice.
(b) Each child must receive a thorough physical examination
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once the child placing agency accepts the child for placement in
foster care. The physical examination must be performed by a
licensed professional in Indiana whose scope of practice includes
providing physical examinations. The child placing agency shall
make every effort to arrange for any treatment recommended by
the examining licensed professional.
(c) Each child in foster care must receive a physical examination
described in subsection (b) at least one (1) time every calendar
year.
(d) Each child must receive a dental examination once the child
placing agency accepts the child for placement in foster care. The
child placing agency shall arrange for any treatment recommended
by the examining dentist.
(e) Each child in foster care must receive a dental examination
at least one (1) time every calendar year. However, the child
placing agency shall arrange for an additional examination and
any required treatment if the child's condition indicates the need.
(f) The child placing agency shall maintain a record of the
medical and dental history and treatment for each child.
SECTION 11. IC 31-27-8 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]:
Chapter 8. Personnel Records and Qualifications
Sec. 1. For purposes of this chapter, the following definitions
apply:
(1) "Caseworker" includes staff who perform casework,
group work tasks, or planning of services for children and
their families.
(2) "Licensee" means a person who is licensed to operate one
(1) or more of the following:
(A) A children's home.
(B) A child caring institution.
(C) Emergency shelter care.
(D) A private secure facility.
(E) A group home.
(F) An emergency shelter care group home.
Sec. 2. (a) A caseworker shall meet one (1) of the following
requirements:
(1) Have a bachelor's degree.
(2) Have an associate's degree and at least two (2) years of
human services job experience.
(3) Completed thirty (30) college credit hours from an
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accredited institution and at least four (4) years of human
services job experience.
(4) Have a high school diploma and at least five (5) years of
human services job experience.
(b) Except as provided in subsection (c), a licensee shall have at
least one (1) caseworker for every twenty-four (24) children in
care.
(c) A private secure facility shall have one (1) caseworker for
every fifteen (15) children in care.
(d) A licensee shall employ a supervisor for casework staff when
the licensee employs six (6) or more caseworkers.
Sec. 3. (a) A licensee shall establish and maintain an individual
record for each staff member.
(b) The record must include the following information before
employment:
(1) Application.
(2) Name, address, and telephone number.
(3) Name, address, and telephone number of the person to be
notified in the event of an emergency.
(4) Documentation of training, education, experience, and any
other required qualifications.
(5) Reference notes or reports, with evaluations of ability,
character, and suitability for working with children.
(6) Signed, notarized criminal history affidavit.
(c) The record must include the following information after
employment:
(1) Documentation of initial physical examination and results
of initial tuberculosis test.
(2) Annual report of tuberculosis screening results.
(3) Annual evaluation of staff member's performance.
(4) Documentation of workshops or training sessions attended
and of courses of study successfully completed.
(5) Dates of employment and termination with any reason for
termination.
(6) Copies of any incident report involving the staff member.
Sec. 4. A licensee shall maintain the following information for
each volunteer:
(1) Name, address, and telephone number.
(2) Name, address, and telephone number of the person to be
notified in the event of an emergency.
(3) Documentation of reference with an evaluation of the
following:
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(A) Ability, character, and suitability for working with
children.
(B) Orientation and training, as required by 465
IAC 2-9-54 (in effect on January 1, 2023).
(4) Documentation of initial physical examination and annual
tuberculosis testing, if working in food service or having
direct contact with children.
SECTION 12. IC 31-27-9 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]:
Chapter 9. Health Records and Medications
Sec. 1. For purposes of this chapter, the following definitions
apply:
(1) "Caseworker" includes staff who perform casework,
group work tasks, or planning of services for children and
their families.
(2) "Licensed professional" means any of the following:
(A) A physician licensed under IC 25-22.5.
(B) An advanced practice registered nurse licensed under
IC 25-23.
(C) A physician assistant licensed under IC 25-27.5.
(3) "Licensee" means a person who is licensed to operate one
(1) or more of the following:
(A) A children's home.
(B) A child caring institution.
(C) Emergency shelter care.
(D) A private secure facility.
(E) A group home.
(F) An emergency shelter care group home.
Sec. 2. (a) A licensee shall obtain from the placing agency or
placing parent a statement indicating whether or not the child has,
to the best of the agency's or parent's knowledge, been exposed to
a communicable disease within twenty-one (21) days before the
date of admission.
(b) Each child must receive a health examination by a licensed
professional within ninety-three (93) days before admission, or not
later than twenty-one (21) days after admission. The examination
must include the following:
(1) Health history.
(2) Physical examination.
(3) Vision and hearing screening.
(4) A test for tuberculosis if the last such test is known to be
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negative or if there is no record of a test. If the test is positive
the child shall have a diagnostic chest x-ray and other
indicated laboratory tests to determine whether or not the
disease is in an infectious state.
(5) A written statement from the licensed professional that in
the professional's opinion there is no health condition that
would be hazardous either to the child or to other children in
the licensee's care.
(6) A statement of the medical findings, including physical
defects and need for dental care, state of development, and
ability of the child to take part in group activities, or a
schedule of permitted activities if activities need to be limited.
(7) A health examination, including a tuberculosis screen
annually and a tuberculosis test whenever there is reason to
suspect that the child may have a condition hazardous or
potentially hazardous to others or whenever the child's
general condition indicates the need for an examination.
(c) Each child must receive a dental examination from a licensed
dentist as follows:
(1) Within forty-five (45) days of admission unless the child
caring institution has documentation of a dental examination
within the one hundred eighty-five (185) days before
admission.
(2) Annually.
(3) Whenever an interim condition indicates the need for
examination or treatment.
(d) Any treatment or corrective measures required by the
licensed professional or dentist must be arranged by the licensee,
as approved by a parent, legal guardian, or placing agency.
(e) A licensee, after attempting to determine the child's
immunization history, shall ensure that each child has received all
immunizations and booster shots which are required under
IC 20-34-4-2(c)(1).
(f) All children must be immunized against routine childhood
diseases unless exempted by a licensed professional's statement.
(g) A child may be exempted from immunizations against
routine childhood diseases upon the good faith religious belief
statement of the parent or guardian.
(h) The adequate immunizing doses and the child's age for
administering each vaccine under subsection (e) must be those
recommended by the Indiana department of health.
(i) Adequate documentation of an immunization history must
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consist of one (1) of the following:
(1) A licensed professional's certificate, including the number
and dates of doses administered.
(2) Immunization records forwarded from a school
corporation, including the number and dates of doses
administered.
(3) A record maintained by the parent or guardian showing
the month, day, and year during which each dose of vaccine
was administered.
(j) If a licensed professional certifies in writing that a particular
immunization required under this section is detrimental, or may be
detrimental, to the child's health, the requirements for that
particular immunization are not applicable for that child until the
immunization is found no longer to be detrimental to the child's
health.
(k) A licensee shall maintain a health record for each child. The
record must include the following:
(1) Admission and periodic health and dental examination
information.
(2) A licensed professional's written instructions with regard
to special dietary or health care required.
(3) Record of all medications and treatments.
(4) Record of observations and incidents, including accidents,
injuries, or any other condition which may be associated with
a health condition or possible abuse or neglect.
Sec. 3. (a) A licensee shall provide psychotropic medications to
a child only as prescribed by a licensed professional in Indiana:
(1) whose scope of work includes prescribing psychotropic
medications; and
(2) who has the responsibility for the diagnosis, treatment,
and therapeutic planning for the child.
(b) A licensee shall obtain from the prescribing licensed
professional a written report at least every thirty-five (35) days for
each child receiving psychotropic medication. The written report
must state the reasons medication is being continued, discontinued,
or changed, as well as any recommended changes in the treatment
goals and planning. The report must be based on the licensed
professional's review of reports by staff as well as the
professional's actual observation of the child at least every
ninety-three (93) days.
SECTION 13. [EFFECTIVE JULY 1, 2024] (a) The following
administrative rules are void:
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(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.
(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.
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(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.
SEA 169 — Concur President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date: Time:
SEA 169 — Concur