IN
Indiana Senate Bill SB0171

Indiana 2024 Regular Session

Indiana Senate Bill SB0171 Compare Versions

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1+*ES0171.1*
2+February 15, 2024
3+ENGROSSED
4+SENATE BILL No. 171
5+_____
6+DIGEST OF SB 171 (Updated February 15, 2024 9:58 am - DI 148)
7+Citations Affected: IC 31-34.
8+Synopsis: Reunification plan for a child in need of services. Amends
9+the circumstances under which reasonable efforts to reunify a child
10+with the child's parent, guardian, or custodian or preserve a child's
11+family are not required.
12+Effective: July 1, 2024.
13+Walker G, Donato, Johnson T,
14+Randolph Lonnie M, Becker
15+(HOUSE SPONSORS — LAUER, LEDBETTER, PATTERSON, OLTHOFF)
16+January 8, 2024, read first time and referred to Committee on Family and Children
17+Services.
18+January 22, 2024, reported favorably — Do Pass.
19+January 30, 2024, read second time, ordered engrossed. Engrossed.
20+February 1, 2024, read third time, passed. Yeas 49, nays 0.
21+HOUSE ACTION
22+February 12, 2024, read first time and referred to Committee on Family, Children and
23+Human Affairs.
24+February 15, 2024, reported — Do Pass.
25+ES 171—LS 6596/DI 119 February 15, 2024
126 Second Regular Session of the 123rd General Assembly (2024)
227 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
328 Constitution) is being amended, the text of the existing provision will appear in this style type,
429 additions will appear in this style type, and deletions will appear in this style type.
530 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
631 provision adopted), the text of the new provision will appear in this style type. Also, the
732 word NEW will appear in that style type in the introductory clause of each SECTION that adds
833 a new provision to the Indiana Code or the Indiana Constitution.
934 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1035 between statutes enacted by the 2023 Regular Session of the General Assembly.
11-SENATE ENROLLED ACT No. 171
12-AN ACT to amend the Indiana Code concerning family law and
13-juvenile law.
36+ENGROSSED
37+SENATE BILL No. 171
38+A BILL FOR AN ACT to amend the Indiana Code concerning
39+family law and juvenile law.
1440 Be it enacted by the General Assembly of the State of Indiana:
15-SECTION 1. IC 31-34-21-5.6, AS AMENDED BY P.L.45-2023,
16-SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17-JULY 1, 2024]: Sec. 5.6. (a) Except as provided in subsection (c), a
18-court may make a finding described in this section at any phase of a
19-child in need of services proceeding.
20-(b) Reasonable efforts to reunify a child with the child's parent,
21-guardian, or custodian or preserve a child's family as described in
22-section 5.5 of this chapter are not required if the court finds any of the
23-following:
24-(1) A parent, guardian, or custodian of a the child who is a child
25-in need of services has been convicted of:
26-(A) an offense described in IC 31-35-3-4(1)(B) or
27-IC 31-35-3-4(1)(D) through IC 31-35-3-4(1)(J) against a
28-victim who is:
29-(i) a child described in IC 31-35-3-4(2);
30-IC 31-35-3-4(2)(B); or
31-(ii) a parent of the child; or
32-(B) a comparable offense as described in clause (A) in any
33-other state, territory, or country by a court of competent
34-jurisdiction.
35-(2) A parent, guardian, or custodian of a the child: who is a child
36-SEA 171 2
37-in need of services:
38-(A) has been convicted of:
39-(i) the murder (IC 35-42-1-1) or voluntary manslaughter (IC
40-35-42-1-3) of a victim who is a child described in
41-IC 31-35-3-4(2)(B) or a parent of the child; or
42-(ii) a comparable offense described in item (i) in any other
43-state, territory, or country; or
44-(B) has been convicted of:
45-(i) aiding, inducing, or causing another person;
46-(ii) attempting; or
47-(iii) conspiring with another person;
48-to commit an offense described in clause (A);
49-(C) is required to register:
50-(i) as a sex offender under 34 U.S.C. 20913; or
51-(ii) as a sex or violent offender under IC 36-2-13-5.5; or
52-(D) committed an offense described in IC 31-34-1-3 or
53-IC 31-34-1-3.5 against a child and the offense resulted in a
54-conviction or a judgment under IC 31-34-11-2.
55-(3) A parent, guardian, or custodian of a the child who is a child
56-in need of services has been convicted of:
57-(A) battery as a Class A felony (for a crime committed before
58-July 1, 2014) or Level 2 felony (for a crime committed after
59-June 30, 2014);
60-(B) battery as a Class B felony (for a crime committed before
61-July 1, 2014) or Level 3 or Level 4 felony (for a crime
62-committed after June 30, 2014);
63-(C) battery as a Class C felony (for a crime committed before
64-July 1, 2014) or Level 5 felony (for a crime committed after
65-June 30, 2014);
66-(D) aggravated battery (IC 35-42-2-1.5);
67-(E) criminal recklessness (IC 35-42-2-2) as a Class C felony
68-(for a crime committed before July 1, 2014) or a Level 5
69-felony (for a crime committed after June 30, 2014);
70-(F) neglect of a dependent (IC 35-46-1-4) as a Class B felony
71-(for a crime committed before July 1, 2014) or a Level 1 or
72-Level 3 felony (for a crime committed after June 30, 2014);
73-(G) promotion of human labor trafficking, promotion of human
74-sexual trafficking, promotion of child sexual trafficking,
75-promotion of sexual trafficking of a younger child, child
76-sexual trafficking, or human trafficking (IC 35-42-3.5-1
77-through IC 35-42-3.5-1.4) as a felony; or
78-(H) a comparable offense described in clauses (A) through (G)
79-SEA 171 3
80-under federal law or in another state, territory, or country;
81-against a child described in IC 31-35-3-4(2)(B).
82-(4) The parental rights of a parent with respect to a biological or
83-adoptive sibling of a the child who is a child in need of services
84-have been involuntarily terminated by a court under:
85-(A) IC 31-35-2 (involuntary termination involving a
86-delinquent child or a child in need of services);
87-(B) IC 31-35-3 (involuntary termination involving an
88-individual convicted of a criminal offense); or
89-(C) any comparable law described in clause (A) or (B) in any
90-other state, territory, or country.
91-(5) The child is an abandoned infant, provided that the court:
92-(A) has appointed a guardian ad litem or court appointed
93-special advocate for the child; and
94-(B) after receiving a written report and recommendation from
95-the guardian ad litem or court appointed special advocate, and
96-after a hearing, finds that reasonable efforts to locate the
97-child's parents or reunify the child's family would not be in the
98-best interests of the child.
99-(6) The child is a safe haven infant.
100-(7) The child:
101-(A) was the subject of two (2) or more previous:
102-(i) child in need of services proceedings under this
103-chapter; or
104-(ii) proceedings under comparable law in another state;
105-and
106-(B) was removed from the home of the child's parent,
107-guardian, or custodian under:
108-(i) a dispositional decree entered under IC 31-34-20-1; or
109-(ii) a court order issued under comparable law in
110-another state;
111-in each of the proceedings described in clause (A);
112-and the court finds that each removal described in clause (B)
113-was the result of conditions caused by the parent, guardian, or
114-custodian.
115-(c) During or at any time after the first periodic case review under
116-IC 31-34-21-2 of a child in need of services proceeding, if the court
117-finds that a parent, guardian, or custodian of the child has been charged
118-with an offense described in subsection (b)(3) and is awaiting trial, the
119-court may make a finding that reasonable efforts to reunify the child
120-with the child's parent, guardian, or custodian or preserve the child's
121-family as described in section 5.5 of this chapter may be suspended
122-SEA 171 4
123-pending the disposition of the parent's, guardian's, or custodian's
124-criminal charge.
125-SEA 171 President of the Senate
126-President Pro Tempore
127-Speaker of the House of Representatives
128-Governor of the State of Indiana
129-Date: Time:
130-SEA 171
41+1 SECTION 1. IC 31-34-21-5.6, AS AMENDED BY P.L.45-2023,
42+2 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
43+3 JULY 1, 2024]: Sec. 5.6. (a) Except as provided in subsection (c), a
44+4 court may make a finding described in this section at any phase of a
45+5 child in need of services proceeding.
46+6 (b) Reasonable efforts to reunify a child with the child's parent,
47+7 guardian, or custodian or preserve a child's family as described in
48+8 section 5.5 of this chapter are not required if the court finds any of the
49+9 following:
50+10 (1) A parent, guardian, or custodian of a the child who is a child
51+11 in need of services has been convicted of:
52+12 (A) an offense described in IC 31-35-3-4(1)(B) or
53+13 IC 31-35-3-4(1)(D) through IC 31-35-3-4(1)(J) against a
54+14 victim who is:
55+15 (i) a child described in IC 31-35-3-4(2);
56+16 IC 31-35-3-4(2)(B); or
57+17 (ii) a parent of the child; or
58+ES 171—LS 6596/DI 119 2
59+1 (B) a comparable offense as described in clause (A) in any
60+2 other state, territory, or country by a court of competent
61+3 jurisdiction.
62+4 (2) A parent, guardian, or custodian of a the child: who is a child
63+5 in need of services:
64+6 (A) has been convicted of:
65+7 (i) the murder (IC 35-42-1-1) or voluntary manslaughter (IC
66+8 35-42-1-3) of a victim who is a child described in
67+9 IC 31-35-3-4(2)(B) or a parent of the child; or
68+10 (ii) a comparable offense described in item (i) in any other
69+11 state, territory, or country; or
70+12 (B) has been convicted of:
71+13 (i) aiding, inducing, or causing another person;
72+14 (ii) attempting; or
73+15 (iii) conspiring with another person;
74+16 to commit an offense described in clause (A);
75+17 (C) is required to register:
76+18 (i) as a sex offender under 34 U.S.C. 20913; or
77+19 (ii) as a sex or violent offender under IC 36-2-13-5.5; or
78+20 (D) committed an offense described in IC 31-34-1-3 or
79+21 IC 31-34-1-3.5 against a child and the offense resulted in a
80+22 conviction or a judgment under IC 31-34-11-2.
81+23 (3) A parent, guardian, or custodian of a the child who is a child
82+24 in need of services has been convicted of:
83+25 (A) battery as a Class A felony (for a crime committed before
84+26 July 1, 2014) or Level 2 felony (for a crime committed after
85+27 June 30, 2014);
86+28 (B) battery as a Class B felony (for a crime committed before
87+29 July 1, 2014) or Level 3 or Level 4 felony (for a crime
88+30 committed after June 30, 2014);
89+31 (C) battery as a Class C felony (for a crime committed before
90+32 July 1, 2014) or Level 5 felony (for a crime committed after
91+33 June 30, 2014);
92+34 (D) aggravated battery (IC 35-42-2-1.5);
93+35 (E) criminal recklessness (IC 35-42-2-2) as a Class C felony
94+36 (for a crime committed before July 1, 2014) or a Level 5
95+37 felony (for a crime committed after June 30, 2014);
96+38 (F) neglect of a dependent (IC 35-46-1-4) as a Class B felony
97+39 (for a crime committed before July 1, 2014) or a Level 1 or
98+40 Level 3 felony (for a crime committed after June 30, 2014);
99+41 (G) promotion of human labor trafficking, promotion of human
100+42 sexual trafficking, promotion of child sexual trafficking,
101+ES 171—LS 6596/DI 119 3
102+1 promotion of sexual trafficking of a younger child, child
103+2 sexual trafficking, or human trafficking (IC 35-42-3.5-1
104+3 through IC 35-42-3.5-1.4) as a felony; or
105+4 (H) a comparable offense described in clauses (A) through (G)
106+5 under federal law or in another state, territory, or country;
107+6 against a child described in IC 31-35-3-4(2)(B).
108+7 (4) The parental rights of a parent with respect to a biological or
109+8 adoptive sibling of a the child who is a child in need of services
110+9 have been involuntarily terminated by a court under:
111+10 (A) IC 31-35-2 (involuntary termination involving a
112+11 delinquent child or a child in need of services);
113+12 (B) IC 31-35-3 (involuntary termination involving an
114+13 individual convicted of a criminal offense); or
115+14 (C) any comparable law described in clause (A) or (B) in any
116+15 other state, territory, or country.
117+16 (5) The child is an abandoned infant, provided that the court:
118+17 (A) has appointed a guardian ad litem or court appointed
119+18 special advocate for the child; and
120+19 (B) after receiving a written report and recommendation from
121+20 the guardian ad litem or court appointed special advocate, and
122+21 after a hearing, finds that reasonable efforts to locate the
123+22 child's parents or reunify the child's family would not be in the
124+23 best interests of the child.
125+24 (6) The child is a safe haven infant.
126+25 (7) The child:
127+26 (A) was the subject of two (2) or more previous:
128+27 (i) child in need of services proceedings under this
129+28 chapter; or
130+29 (ii) proceedings under comparable law in another state;
131+30 and
132+31 (B) was removed from the home of the child's parent,
133+32 guardian, or custodian under:
134+33 (i) a dispositional decree entered under IC 31-34-20-1; or
135+34 (ii) a court order issued under comparable law in
136+35 another state;
137+36 in each of the proceedings described in clause (A);
138+37 and the court finds that each removal described in clause (B)
139+38 was the result of conditions caused by the parent, guardian, or
140+39 custodian.
141+40 (c) During or at any time after the first periodic case review under
142+41 IC 31-34-21-2 of a child in need of services proceeding, if the court
143+42 finds that a parent, guardian, or custodian of the child has been charged
144+ES 171—LS 6596/DI 119 4
145+1 with an offense described in subsection (b)(3) and is awaiting trial, the
146+2 court may make a finding that reasonable efforts to reunify the child
147+3 with the child's parent, guardian, or custodian or preserve the child's
148+4 family as described in section 5.5 of this chapter may be suspended
149+5 pending the disposition of the parent's, guardian's, or custodian's
150+6 criminal charge.
151+ES 171—LS 6596/DI 119 5
152+COMMITTEE REPORT
153+Madam President: The Senate Committee on Family and Children
154+Services, to which was referred Senate Bill No. 171, has had the same
155+under consideration and begs leave to report the same back to the
156+Senate with the recommendation that said bill DO PASS.
157+ (Reference is to SB 171 as introduced.)
158+
159+WALKER G, Chairperson
160+Committee Vote: Yeas 6, Nays 0
161+_____
162+COMMITTEE REPORT
163+Mr. Speaker: Your Committee on Family, Children and Human
164+Affairs, to which was referred Senate Bill 171, has had the same under
165+consideration and begs leave to report the same back to the House with
166+the recommendation that said bill do pass.
167+(Reference is to SB 171 as printed January 23, 2024.)
168+DEVON
169+Committee Vote: Yeas 11, Nays 0
170+ES 171—LS 6596/DI 119