Indiana 2024 Regular Session

Indiana Senate Bill SB0219 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 219
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 31-9-2; IC 31-33.
7	7	Synopsis: DCS investigations and mandatory reporting. Requires a
8	8	person that contracts with the department of child services (DCS) as a
9	9	residential facility to immediately report any allegation of child abuse
10	10	or neglect directly to DCS. Requires DCS to do the following if the
11	11	person fails to immediately report directly to DCS: (1) Stop referrals to
12	12	the facility. (2) Audit the person's handbook and internal policies
13	13	regarding mandatory reporting requirements. (3) Require, before DCS
14	14	may resume referrals to the person's facility, that: (A) the handbook and
15	15	internal policies fully comply with mandatory reporting laws; and (B)
16	16	DCS conduct onsite training for the person's employees regarding the
17	17	mandatory reporting laws and penalties. Provides that certain
18	18	individuals at least 18 years of age but less than 21 years of age are
19	19	included in the definitions for "child", "child abuse or neglect", and
20	20	"victim of child abuse or neglect". Requires DCS to initiate an onsite
21	21	assessment within 24 hours if a report alleges child abuse or neglect
22	22	involving a residential facility licensed by DCS.
23	23	Effective: July 1, 2024.
24	24	Ford J.D.
25	25	January 9, 2024, read first time and referred to Committee on Family and Children
26	26	Services.
27	27	2024 IN 219—LS 6634/DI 148 Introduced
28	28	Second Regular Session of the 123rd General Assembly (2024)
29	29	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
30	30	Constitution) is being amended, the text of the existing provision will appear in this style type,
31	31	additions will appear in this style type, and deletions will appear in this style type.
32	32	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
33	33	provision adopted), the text of the new provision will appear in this style type. Also, the
34	34	word NEW will appear in that style type in the introductory clause of each SECTION that adds
35	35	a new provision to the Indiana Code or the Indiana Constitution.
36	36	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
37	37	between statutes enacted by the 2023 Regular Session of the General Assembly.
38	38	SENATE BILL No. 219
39	39	A BILL FOR AN ACT to amend the Indiana Code concerning
40	40	family law and juvenile law.
41	41	Be it enacted by the General Assembly of the State of Indiana:
42	42	1 SECTION 1. IC 31-9-2-13, AS AMENDED BY P.L.243-2019,
43	43	2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
44	44	3 JULY 1, 2024]: Sec. 13. (a) "Child", for purposes of IC 31-15, IC 31-16
45	45	4 (excluding IC 31-16-12.5), and IC 31-17, means a child or children of
46	46	5 both parties to the marriage. The term includes the following:
47	47	6 (1) Children born out of wedlock to the parties.
48	48	7 (2) Children born or adopted during the marriage of the parties.
49	49	8 (b) "Child", for purposes of the Uniform Interstate Family Support
50	50	9 Act under IC 31-18.5, has the meaning set forth in IC 31-18.5-1-2.
51	51	10 (c) "Child", for purposes of IC 31-19-5, includes an unborn child.
52	52	11 (d) Except as otherwise provided in this section, "child", for
53	53	12 purposes of the juvenile law and IC 31-27, means:
54	54	13 (1) a person who is less than eighteen (18) years of age;
55	55	14 (2) a person:
56	56	15 (A) who is eighteen (18), nineteen (19), or twenty (20) years
57	57	16 of age; and
58	58	17 (B) who either:
59	59	2024 IN 219—LS 6634/DI 148 2
60	60	1 (i) is charged with a delinquent act committed before the
61	61	2 person's eighteenth birthday; or
62	62	3 (ii) has been adjudicated a child in need of services before
63	63	4 the person's eighteenth birthday; or
64	64	5 (3) a person:
65	65	6 (A) who is alleged to have committed an act that would have
66	66	7 been murder if committed by an adult;
67	67	8 (B) who was less than eighteen (18) years of age at the time of
68	68	9 the alleged act; and
69	69	10 (C) who is less than twenty-one (21) years of age.
70	70	11 (e) "Child", for purposes of IC 31-36-3, means a person who is less
71	71	12 than eighteen (18) years of age.
72	72	13 (f) "Child", for purposes of the Interstate Compact on Juveniles
73	73	14 under IC 31-37-23-1, has the meaning set forth in IC 31-37-23-1.
74	74	15 (g) "Child", for purposes of IC 31-16-12.5, means an individual to
75	75	16 whom child support is owed under:
76	76	17 (1) a child support order issued under IC 31-14-10 or IC 31-16-6;
77	77	18 or
78	78	19 (2) any other child support order that is enforceable under
79	79	20 IC 31-16-12.5.
80	80	21 (h) "Child", for purposes of IC 31-32-5, means an individual who is
81	81	22 less than eighteen (18) years of age.
82	82	23 (i) "Child", for purposes of the Uniform Child Custody Jurisdiction
83	83	24 Act under IC 31-21, has the meaning set forth in IC 31-21-2-3.
84	84	25 (j) "Child", for purposes of IC 31-35-2-4.5, means an individual who
85	85	26 is:
86	86	27 (1) less than eighteen (18) years of age; and
87	87	28 (2) a delinquent child or a child in need of services.
88	88	29 (k) "Child", for purposes of IC 31-33, includes an individual
89	89	30 who is:
90	90	31 (1) at least eighteen (18) years of age but less than twenty-one
91	91	32 (21) years of age; and
92	92	33 (2) residing at a residential facility licensed by the
93	93	34 department.
94	94	35 SECTION 2. IC 31-9-2-14, AS AMENDED BY P.L.46-2016,
95	95	36 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
96	96	37 JULY 1, 2024]: Sec. 14. (a) "Child abuse or neglect", for purposes of
97	97	38 IC 31-32-11-1, IC 31-33, IC 31-34-7-4, and IC 31-39-8-4, refers to:
98	98	39 (1) a child described in IC 31-34-1-1 through IC 31-34-1-5 and
99	99	40 IC 31-34-1-8 through IC 31-34-1-11, regardless of whether the
100	100	41 child needs care, treatment, rehabilitation, or the coercive
101	101	42 intervention of a court; or
102	102	2024 IN 219—LS 6634/DI 148 3
103	103	1 (2) an individual who:
104	104	2 (A) is at least eighteen (18) years of age but less than
105	105	3 twenty-one (21) years of age;
106	106	4 (B) resides at a residential facility licensed by the
107	107	5 department; and
108	108	6 (C) is harmed or threatened with harm as a result of:
109	109	7 (i) neglect;
110	110	8 (ii) a battery offense included in IC 35-42-2; or
111	111	9 (iii) sexual activity (as defined in IC 35-42-4-13(b))
112	112	10 committed by a member of the staff at the residential
113	113	11 facility.
114	114	12 (b) For purposes of subsection (a), the term under subsection (a)
115	115	13 does not refer to a child who is alleged to be a victim of a sexual
116	116	14 offense under IC 35-42-4-3 unless the alleged offense under
117	117	15 IC 35-42-4-3 involves the fondling or touching of the buttocks,
118	118	16 genitals, or female breasts, regardless of whether the child needs care,
119	119	17 treatment, rehabilitation, or the coercive intervention of a court.
120	120	18 (c) "Child abuse or neglect", for purposes of IC 31-34-2.3, refers to
121	121	19 acts or omissions by a person against a child as described in
122	122	20 IC 31-34-1-1 through IC 31-34-1-11, regardless of whether the child
123	123	21 needs care, treatment, rehabilitation, or the coercive intervention of a
124	124	22 court.
125	125	23 SECTION 3. IC 31-9-2-133, AS AMENDED BY P.L.86-2018,
126	126	24 SECTION 216, IS AMENDED TO READ AS FOLLOWS
127	127	25 [EFFECTIVE JULY 1, 2024]: Sec. 133. (a) "Victim of child abuse or
128	128	26 neglect", for purposes of IC 31-32-11-1 and IC 31-33, refers to:
129	129	27 (1) a child as described in:
130	130	28 (1) (A) IC 31-34-1-1 through IC 31-34-1-5;
131	131	29 (2) (B) IC 31-34-1-10; or
132	132	30 (3) (C) IC 31-34-1-11;
133	133	31 regardless of whether the child needs care, treatment,
134	134	32 rehabilitation, or the coercive intervention of a court; or
135	135	33 (2) an individual who:
136	136	34 (A) is at least eighteen (18) years of age but less than
137	137	35 twenty-one (21) years of age;
138	138	36 (B) resides at a residential facility licensed by the
139	139	37 department; and
140	140	38 (C) is harmed or threatened with harm as a result of:
141	141	39 (i) neglect;
142	142	40 (ii) a battery offense included in IC 35-42-2; or
143	143	41 (iii) sexual activity (as defined in IC 35-42-4-13(b))
144	144	42 committed by a member of the staff at the residential
145	145	2024 IN 219—LS 6634/DI 148 4
146	146	1 facility.
147	147	2 (b) The term does not include a child who is alleged to be a victim
148	148	3 of a sexual offense under IC 35-42-4-3 unless the alleged offense under
149	149	4 IC 35-42-4-3 involves the fondling or touching of the buttocks,
150	150	5 genitals, or female breasts.
151	151	6 SECTION 4. IC 31-33-5-6 IS ADDED TO THE INDIANA CODE
152	152	7 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
153	153	8 1, 2024]: Sec. 6. (a) If a person contracts with the department as a
154	154	9 residential facility, the person shall immediately report any
155	155	10 allegation of child abuse or neglect directly to the department.
156	156	11 (b) If a person that contracts with the department as a
157	157	12 residential facility fails to immediately report to the department
158	158	13 under subsection (a), the department:
159	159	14 (1) shall stop referring children to the facility; and
160	160	15 (2) shall:
161	161	16 (A) audit the person's handbook and internal policy
162	162	17 regarding mandatory reporting requirements under this
163	163	18 chapter; and
164	164	19 (B) require the following before reinstating referrals to the
165	165	20 person's facility:
166	166	21 (i) The person's handbook and internal policy regarding
167	167	22 mandatory reporting requirements must fully comply
168	168	23 with this chapter.
169	169	24 (ii) The department must conduct onsite training for the
170	170	25 person's employees on the requirements contained in this
171	171	26 chapter and the penalties in IC 31-33-22-1.
172	172	27 SECTION 5. IC 31-33-8-1, AS AMENDED BY P.L.198-2019,
173	173	28 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
174	174	29 JULY 1, 2024]: Sec. 1. (a) The department shall initiate an
175	175	30 appropriately thorough child protection assessment of every report of
176	176	31 known or suspected child abuse or neglect the department receives,
177	177	32 whether in accordance with this article or otherwise.
178	178	33 (b) If a report of known or suspected child abuse or neglect is
179	179	34 received from a judge or prosecutor requesting the department to
180	180	35 initiate a child protection assessment, the department shall initiate an
181	181	36 assessment in accordance with this section.
182	182	37 (c) If a report of known or suspected child abuse or neglect is
183	183	38 received from:
184	184	39 (1) medical personnel;
185	185	40 (2) school personnel;
186	186	41 (3) a social worker;
187	187	42 (4) law enforcement officials or personnel;
188	188	2024 IN 219—LS 6634/DI 148 5
189	189	1 (5) judiciary personnel; or
190	190	2 (6) prosecuting attorney personnel;
191	191	3 the department shall forward the report to the local office to determine
192	192	4 if the department will initiate an assessment in accordance with this
193	193	5 section.
194	194	6 (d) If the department believes that a child is in imminent danger of
195	195	7 serious bodily harm, the department shall initiate an onsite assessment
196	196	8 immediately, but not later than two (2) hours, after receiving the report.
197	197	9 (e) If the report alleges a child may be a victim of child abuse, the
198	198	10 assessment shall be initiated immediately, but not later than
199	199	11 twenty-four (24) hours after receipt of the report.
200	200	12 (f) If reports of child neglect are received, the assessment shall be
201	201	13 initiated within a reasonably prompt time, but not later than five (5)
202	202	14 days, with the primary consideration being the well-being of the child
203	203	15 who is the subject of the report.
204	204	16 (g) If the report alleges that a child lives with a parent, guardian, or
205	205	17 custodian who is married to or lives with a person who:
206	206	18 (1) has been convicted of:
207	207	19 (A) neglect of a dependent under IC 35-46-1-4; or
208	208	20 (B) a battery offense under IC 35-42-4; or
209	209	21 (2) is required to register as a sex or violent offender under
210	210	22 IC 11-8-8;
211	211	23 the department shall initiate an assessment within a reasonably prompt
212	212	24 time, but not later than five (5) days after the department receives the
213	213	25 report, with the primary consideration being the well-being of the child
214	214	26 who is the subject of the report.
215	215	27 (h) If the safety or well-being of a child appears to be endangered or
216	216	28 the facts otherwise warrant, the assessment shall be initiated regardless
217	217	29 of the time of day.
218	218	30 (i) If a report alleges abuse or neglect and involves a child care
219	219	31 ministry that is exempt from licensure under IC 12-17.2-6, the
220	220	32 department and the appropriate law enforcement agency shall jointly
221	221	33 conduct an investigation. The investigation shall be conducted under
222	222	34 the requirements of this section and section 2(b) of this chapter.
223	223	35 (j) If a report alleges child abuse or neglect involving a
224	224	36 residential facility licensed by the department, the department
225	225	37 shall initiate an onsite assessment immediately, but not later than
226	226	38 twenty-four (24) hours, after receiving the report.
227	227	2024 IN 219—LS 6634/DI 148