Introduced Version
SENATE BILL No. 171
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 31-34-21-5.6.
Synopsis: Reunification plan for a child in need of services. Amends
the circumstances under which reasonable efforts to reunify a child
with the child's parent, guardian, or custodian or preserve a child's
family are not required.
Effective: July 1, 2024.
Walker G
January 8, 2024, read first time and referred to Committee on Family and Children
Services.
2024 IN 171—LS 6596/DI 119 Introduced
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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between statutes enacted by the 2023 Regular Session of the General Assembly.
SENATE BILL No. 171
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 31-34-21-5.6, AS AMENDED BY P.L.45-2023,
2 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2024]: Sec. 5.6. (a) Except as provided in subsection (c), a
4 court may make a finding described in this section at any phase of a
5 child in need of services proceeding.
6 (b) Reasonable efforts to reunify a child with the child's parent,
7 guardian, or custodian or preserve a child's family as described in
8 section 5.5 of this chapter are not required if the court finds any of the
9 following:
10 (1) A parent, guardian, or custodian of a the child who is a child
11 in need of services has been convicted of:
12 (A) an offense described in IC 31-35-3-4(1)(B) or
13 IC 31-35-3-4(1)(D) through IC 31-35-3-4(1)(J) against a
14 victim who is:
15 (i) a child described in IC 31-35-3-4(2);
16 IC 31-35-3-4(2)(B); or
17 (ii) a parent of the child; or
2024 IN 171—LS 6596/DI 119 2
1 (B) a comparable offense as described in clause (A) in any
2 other state, territory, or country by a court of competent
3 jurisdiction.
4 (2) A parent, guardian, or custodian of a the child: who is a child
5 in need of services:
6 (A) has been convicted of:
7 (i) the murder (IC 35-42-1-1) or voluntary manslaughter (IC
8 35-42-1-3) of a victim who is a child described in
9 IC 31-35-3-4(2)(B) or a parent of the child; or
10 (ii) a comparable offense described in item (i) in any other
11 state, territory, or country; or
12 (B) has been convicted of:
13 (i) aiding, inducing, or causing another person;
14 (ii) attempting; or
15 (iii) conspiring with another person;
16 to commit an offense described in clause (A);
17 (C) is required to register:
18 (i) as a sex offender under 34 U.S.C. 20913; or
19 (ii) as a sex or violent offender under IC 36-2-13-5.5; or
20 (D) committed an offense described in IC 31-34-1-3 or
21 IC 31-34-1-3.5 against a child and the offense resulted in a
22 conviction or a judgment under IC 31-34-11-2.
23 (3) A parent, guardian, or custodian of a the child who is a child
24 in need of services has been convicted of:
25 (A) battery as a Class A felony (for a crime committed before
26 July 1, 2014) or Level 2 felony (for a crime committed after
27 June 30, 2014);
28 (B) battery as a Class B felony (for a crime committed before
29 July 1, 2014) or Level 3 or Level 4 felony (for a crime
30 committed after June 30, 2014);
31 (C) battery as a Class C felony (for a crime committed before
32 July 1, 2014) or Level 5 felony (for a crime committed after
33 June 30, 2014);
34 (D) aggravated battery (IC 35-42-2-1.5);
35 (E) criminal recklessness (IC 35-42-2-2) as a Class C felony
36 (for a crime committed before July 1, 2014) or a Level 5
37 felony (for a crime committed after June 30, 2014);
38 (F) neglect of a dependent (IC 35-46-1-4) as a Class B felony
39 (for a crime committed before July 1, 2014) or a Level 1 or
40 Level 3 felony (for a crime committed after June 30, 2014);
41 (G) promotion of human labor trafficking, promotion of human
42 sexual trafficking, promotion of child sexual trafficking,
2024 IN 171—LS 6596/DI 119 3
1 promotion of sexual trafficking of a younger child, child
2 sexual trafficking, or human trafficking (IC 35-42-3.5-1
3 through IC 35-42-3.5-1.4) as a felony; or
4 (H) a comparable offense described in clauses (A) through (G)
5 under federal law or in another state, territory, or country;
6 against a child described in IC 31-35-3-4(2)(B).
7 (4) The parental rights of a parent with respect to a biological or
8 adoptive sibling of a the child who is a child in need of services
9 have been involuntarily terminated by a court under:
10 (A) IC 31-35-2 (involuntary termination involving a
11 delinquent child or a child in need of services);
12 (B) IC 31-35-3 (involuntary termination involving an
13 individual convicted of a criminal offense); or
14 (C) any comparable law described in clause (A) or (B) in any
15 other state, territory, or country.
16 (5) The child is an abandoned infant, provided that the court:
17 (A) has appointed a guardian ad litem or court appointed
18 special advocate for the child; and
19 (B) after receiving a written report and recommendation from
20 the guardian ad litem or court appointed special advocate, and
21 after a hearing, finds that reasonable efforts to locate the
22 child's parents or reunify the child's family would not be in the
23 best interests of the child.
24 (6) The child is a safe haven infant.
25 (7) The child:
26 (A) was the subject of two (2) or more previous:
27 (i) child in need of services proceedings under this
28 chapter; or
29 (ii) proceedings under comparable law in another state;
30 and
31 (B) was removed from the home of the child's parent,
32 guardian, or custodian under:
33 (i) a dispositional decree entered under IC 31-34-20-1; or
34 (ii) a court order issued under comparable law in
35 another state;
36 in each of the proceedings described in clause (A);
37 and the court finds that each removal described in clause (B)
38 was the result of conditions caused by the parent, guardian, or
39 custodian.
40 (c) During or at any time after the first periodic case review under
41 IC 31-34-21-2 of a child in need of services proceeding, if the court
42 finds that a parent, guardian, or custodian of the child has been charged
2024 IN 171—LS 6596/DI 119 4
1 with an offense described in subsection (b)(3) and is awaiting trial, the
2 court may make a finding that reasonable efforts to reunify the child
3 with the child's parent, guardian, or custodian or preserve the child's
4 family as described in section 5.5 of this chapter may be suspended
5 pending the disposition of the parent's, guardian's, or custodian's
6 criminal charge.
2024 IN 171—LS 6596/DI 119