1 | 1 | | |
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2 | 2 | | Introduced Version |
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3 | 3 | | HOUSE BILL No. 1443 |
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4 | 4 | | _____ |
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5 | 5 | | DIGEST OF INTRODUCED BILL |
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6 | 6 | | Citations Affected: IC 31-9-2; IC 31-28-8. |
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7 | 7 | | Synopsis: Eligibility for foster care maintenance payments. Provides |
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8 | 8 | | that an unlicensed kinship caregiver is entitled to receive maintenance |
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9 | 9 | | payments. Requires the department of child services (department) to |
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10 | 10 | | calculate a maintenance payment for an unlicensed kinship caregiver |
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11 | 11 | | in the same manner as a licensed foster parent. Allows the department |
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12 | 12 | | to require foster care training for unlicensed kinship caregivers to |
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13 | 13 | | receive maintenance payments. |
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14 | 14 | | Effective: July 1, 2025. |
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15 | 15 | | Campbell |
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16 | 16 | | January 21, 2025, read first time and referred to Committee on Family, Children and |
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17 | 17 | | Human Affairs. |
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18 | 18 | | 2025 IN 1443—LS 6089/DI 148 Introduced |
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19 | 19 | | First Regular Session of the 124th General Assembly (2025) |
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20 | 20 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
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21 | 21 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
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22 | 22 | | additions will appear in this style type, and deletions will appear in this style type. |
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23 | 23 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
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24 | 24 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
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25 | 25 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
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26 | 26 | | a new provision to the Indiana Code or the Indiana Constitution. |
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27 | 27 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
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28 | 28 | | between statutes enacted by the 2024 Regular Session of the General Assembly. |
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29 | 29 | | HOUSE BILL No. 1443 |
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30 | 30 | | A BILL FOR AN ACT to amend the Indiana Code concerning |
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31 | 31 | | family law and juvenile law. |
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32 | 32 | | Be it enacted by the General Assembly of the State of Indiana: |
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33 | 33 | | 1 SECTION 1. IC 31-9-2-46.9, AS AMENDED BY P.L.172-2022, |
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34 | 34 | | 2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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35 | 35 | | 3 JULY 1, 2025]: Sec. 46.9. "Foster family home", for purposes of |
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36 | 36 | | 4 IC 31-27, IC 31-28-8, and IC 31-34-23-6, means a place where an |
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37 | 37 | | 5 individual resides and provides care and supervision on a twenty-four |
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38 | 38 | | 6 (24) hour basis to a child, as defined in section 13(d) of this chapter, |
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39 | 39 | | 7 who is receiving care and supervision under a juvenile court order or |
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40 | 40 | | 8 for purposes of placement. |
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41 | 41 | | 9 SECTION 2. IC 31-9-2-76.9 IS ADDED TO THE INDIANA CODE |
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42 | 42 | | 10 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
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43 | 43 | | 11 1, 2025]: Sec. 76.9. "Maintenance payment", for purposes of |
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44 | 44 | | 12 IC 31-28-8, means a payment for the cost of providing food, |
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45 | 45 | | 13 clothing, shelter, daily supervision, school supplies, a child's |
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46 | 46 | | 14 personal incidentals, liability insurance with respect to a child, a |
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47 | 47 | | 15 reasonable amount for travel to a child's home for visitation, and |
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48 | 48 | | 16 a reasonable amount for travel for a child to remain in the school |
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49 | 49 | | 17 in which the child is enrolled at the time of placement. |
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50 | 50 | | 2025 IN 1443—LS 6089/DI 148 2 |
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51 | 51 | | 1 SECTION 3. IC 31-9-2-131.7, AS AMENDED BY P.L.46-2024, |
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52 | 52 | | 2 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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53 | 53 | | 3 JULY 1, 2025]: Sec. 131.7. "Unlicensed kinship caregiver", for |
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54 | 54 | | 4 purposes of section 47 of this chapter, IC 31-32-2.5, IC 31-34-21-4.5, |
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55 | 55 | | 5 and IC 31-28-7, and IC 31-28-8, means a relative (as defined by |
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56 | 56 | | 6 section 107(c) of this chapter) who is: |
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57 | 57 | | 7 (1) providing care and supervision to a child under a court order |
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58 | 58 | | 8 for purposes of placement in a child in need of services case or |
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59 | 59 | | 9 juvenile delinquency case; and |
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60 | 60 | | 10 (2) not licensed as a foster parent under IC 31-27-4. |
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61 | 61 | | 11 SECTION 4. IC 31-28-8 IS ADDED TO THE INDIANA CODE AS |
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62 | 62 | | 12 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY |
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63 | 63 | | 13 1, 2025]: |
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64 | 64 | | 14 Chapter 8. Maintenance Payments |
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65 | 65 | | 15 Sec. 1. (a) Except as provided in subsection (b), a foster family |
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66 | 66 | | 16 home in Indiana must be licensed by the department in order for |
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67 | 67 | | 17 the department to recommend placement of a child with a foster |
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68 | 68 | | 18 family home or pay for the costs of the placement. |
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69 | 69 | | 19 (b) An unlicensed kinship caregiver is entitled to receive a |
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70 | 70 | | 20 maintenance payment without being a licensed foster parent or |
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71 | 71 | | 21 providing care and supervision in a licensed foster family home. |
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72 | 72 | | 22 Sec. 2. The department shall calculate a maintenance payment |
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73 | 73 | | 23 for an unlicensed kinship caregiver in the same manner that the |
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74 | 74 | | 24 department calculates maintenance payments for a licensed foster |
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75 | 75 | | 25 parent. |
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76 | 76 | | 26 Sec. 3. The department may require an unlicensed kinship |
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77 | 77 | | 27 caregiver to attend foster care training to be eligible for a |
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78 | 78 | | 28 maintenance payment. |
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79 | 79 | | 2025 IN 1443—LS 6089/DI 148 |
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