Introduced Version SENATE BILL No. 279 _____ DIGEST OF INTRODUCED BILL Citations Affected: IC 31-10-2-1; IC 31-31. Synopsis: Juvenile facility visitation policies. Provides that it is the policy of Indiana to encourage and promote communication between a child and the child's family when a child in need of services or delinquency proceeding results in separation of a child from the child's family, unless communication between the child and the child's family is contrary to the child's best interests. Requires the department of correction to adopt specified rules with respect to communication and visitation privileges for residents of juvenile detention facilities. Effective: July 1, 2024; January 1, 2025. Vinzant January 16, 2024, read first time and referred to Committee on Corrections and Criminal Law. 2024 IN 279—LS 6507/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 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 BILL No. 279 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 31-10-2-1, AS AMENDED BY P.L.146-2021, 2 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 3 JANUARY 1, 2025]: Sec. 1. It is the policy of this state and the 4 purpose of this title to: 5 (1) recognize the importance of family and children in our society, 6 including the parenting rights of a parent, regardless of whether 7 the parent has a disability; 8 (2) recognize the responsibility of the state to enhance the 9 viability of children and family in our society; 10 (3) acknowledge the responsibility each person owes to the other; 11 (4) strengthen family life by assisting parents to fulfill their 12 parental obligations; 13 (5) ensure that children within the juvenile justice system are 14 treated as persons in need of care, protection, treatment, and 15 rehabilitation; 16 (6) remove children from families only when it is in the child's 17 best interest or in the best interest of public safety; 2024 IN 279—LS 6507/DI 119 2 1 (7) provide for adoption as a viable permanency plan for children 2 who are adjudicated children in need of services; 3 (8) provide a juvenile justice system that protects the public by 4 enforcing the legal obligations that children have to society and 5 society has to children; 6 (9) use diversionary programs when appropriate; 7 (10) provide a judicial procedure that: 8 (A) ensures fair hearings; 9 (B) recognizes and enforces the legal rights of children and 10 their parents; and 11 (C) recognizes and enforces the accountability of children and 12 parents; 13 (11) promote public safety and individual accountability by the 14 imposition of appropriate sanctions; and 15 (12) encourage and promote communication between a child 16 and the child's family when a judicial proceeding under 17 IC 31-34 or IC 31-37 results in separation of a child from the 18 child's family, unless communication between the child and 19 the child's family is contrary to the child's best interests; and 20 (12) (13) provide a continuum of services developed in a 21 cooperative effort by local governments and the state. 22 SECTION 2. IC 31-31-8-5.1 IS ADDED TO THE INDIANA CODE 23 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 24 1, 2024]: Sec. 5.1. (a) Rules adopted by the department of 25 correction under section 5(a) of this chapter must require a 26 juvenile detention facility to make reasonable efforts to meet the 27 following minimum communication and visitation standards: 28 (1) A juvenile detention facility shall allow at least one (1) 29 hour of in person visitation at least twice weekly between a 30 resident of the facility and the resident's parent, guardian, or 31 other court approved designated adult. 32 (2) A juvenile detention facility shall allow a resident of the 33 facility at least two (2) weekly telephone, video teleconference, 34 Internet, or other audiovisual visits of a duration of at least 35 ten (10) minutes each. 36 (3) A juvenile detention facility shall allow visitation on 37 multiple days of the week, including both weekends and 38 weekdays, and at times that are not limited to regular 39 business hours. 40 (4) A juvenile detention facility shall discourage the denial or 41 curtailment of visitation and communications privileges as a 42 form of discipline. 2024 IN 279—LS 6507/DI 119 3 1 (b) Rules adopted by the department of correction under section 2 5(a) of this chapter must: 3 (1) require a juvenile detention facility to adopt formal 4 procedures to determine when extraordinary conditions exist 5 such that visitation and communications privileges under the 6 standards described in subsection (a) may be denied or 7 curtailed; and 8 (2) provide that in person visitation under subsection (a)(1) 9 may be denied or curtailed only if the facility determines that 10 extraordinary conditions exist such that in person visitation 11 would place the safety or security of the resident or facility 12 staff at risk. 13 SECTION 3. IC 31-31-9-3.1 IS ADDED TO THE INDIANA CODE 14 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 15 1, 2024]: Sec. 3.1. (a) Rules adopted by the department of 16 correction under section 3 of this chapter must require a juvenile 17 detention facility to make reasonable efforts to meet the following 18 minimum communication and visitation standards: 19 (1) A juvenile detention facility shall allow at least one (1) 20 hour of in person visitation at least twice weekly between a 21 resident of the facility and the resident's parent, guardian, or 22 other court approved designated adult. 23 (2) A juvenile detention facility shall allow a resident of the 24 facility at least two (2) weekly telephone, video teleconference, 25 Internet, or other audiovisual visits of a duration of at least 26 ten (10) minutes each. 27 (3) A juvenile detention facility shall allow visitation on 28 multiple days of the week, including both weekends and 29 weekdays, and at times that are not limited to regular 30 business hours. 31 (4) A juvenile detention facility shall discourage the denial or 32 curtailment of visitation and communications privileges as a 33 form of discipline. 34 (b) Rules adopted by the department of correction under section 35 3 of this chapter must: 36 (1) require a juvenile detention facility to adopt formal 37 procedures to determine when extraordinary conditions exist 38 such that visitation and communications privileges under the 39 standards described in subsection (a) may be denied or 40 curtailed; and 41 (2) provide that in person visitation under subsection (a)(1) 42 may be denied or curtailed only if the facility determines that 2024 IN 279—LS 6507/DI 119 4 1 extraordinary conditions exist such that in person visitation 2 would place the safety or security of the resident or facility 3 staff at risk. 2024 IN 279—LS 6507/DI 119