IN
Indiana House Bill HB1485

Indiana 2025 Regular Session

Indiana House Bill HB1485 Compare Versions

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22 Introduced Version
33 HOUSE BILL No. 1485
44 _____
55 DIGEST OF INTRODUCED BILL
66 Citations Affected: IC 33-23-19; IC 33-40.
77 Synopsis: Court appointed counsel for certain minors. Provides that
88 courts are required to appoint counsel for eligible children with certain
99 exceptions. Provides that a county may seek reimbursement up to
1010 100% for expenditures related to attorney services for eligible children.
1111 Requires the commission on court appointed attorneys to: (1) establish
1212 certain guidelines for counties to be eligible for reimbursement from
1313 the public defense fund; and (2) make a report to the legislative council
1414 and budget committee not later than December 1, 2026, regarding the
1515 100% reimbursement for attorney services provided to eligible
1616 children. Makes an appropriation.
1717 Effective: July 1, 2025.
1818 Olthoff, Harris
1919 January 21, 2025, read first time and referred to Committee on Judiciary.
2020 2025 IN 1485—LS 7453/DI 148 Introduced
2121 First Regular Session of the 124th General Assembly (2025)
2222 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
2323 Constitution) is being amended, the text of the existing provision will appear in this style type,
2424 additions will appear in this style type, and deletions will appear in this style type.
2525 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
2626 provision adopted), the text of the new provision will appear in this style type. Also, the
2727 word NEW will appear in that style type in the introductory clause of each SECTION that adds
2828 a new provision to the Indiana Code or the Indiana Constitution.
2929 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
3030 between statutes enacted by the 2024 Regular Session of the General Assembly.
3131 HOUSE BILL No. 1485
3232 A BILL FOR AN ACT to amend the Indiana Code concerning
3333 family law and juvenile law and to make an appropriation.
3434 Be it enacted by the General Assembly of the State of Indiana:
3535 1 SECTION 1. IC 33-23-19 IS ADDED TO THE INDIANA CODE
3636 2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
3737 3 JULY 1, 2025]:
3838 4 Chapter 19. Court Appointed Attorneys for Children
3939 5 Sec. 1. The following terms are defined for this chapter:
4040 6 (1) "CHINS" means child in need of services.
4141 7 (2) "Commission" means the Indiana commission on court
4242 8 appointed attorneys.
4343 9 (3) "Eligible child" means a child who is:
4444 10 (A) placed in, or sought to be placed in, a:
4545 11 (i) secure private facility;
4646 12 (ii) nonsecure private facility; or
4747 13 (iii) shelter care facility; and
4848 14 (B) the subject of either a:
4949 15 (i) CHINS proceeding under IC 31-34; or
5050 16 (ii) proceeding to terminate the parent-child relationship
5151 17 under IC 31-35.
5252 2025 IN 1485—LS 7453/DI 148 2
5353 1 "Eligible children" has the corresponding meaning.
5454 2 Sec. 2. This chapter only applies to a court with jurisdiction in:
5555 3 (1) a CHINS proceeding under IC 31-34; or
5656 4 (2) a proceeding to terminate the parent-child relationship
5757 5 under IC 31-35.
5858 6 Sec. 3. (a) A court shall do the following:
5959 7 (1) Subject to subsection (c), and except as provided in
6060 8 subsection (d), appoint counsel for an eligible child at least
6161 9 forty-eight (48) hours before approving a motion to place, or
6262 10 authorizing the placement of, an eligible child in a:
6363 11 (A) secure private facility;
6464 12 (B) nonsecure private facility; or
6565 13 (C) shelter care facility.
6666 14 (2) Determine, according to the commission's guidelines,
6767 15 which attorneys are qualified to represent eligible children.
6868 16 (b) If a court finds it difficult to secure available attorneys, the
6969 17 court may allow an eligible child's appointed counsel to appear
7070 18 remotely for hearings.
7171 19 (c) If a proceeding involves eligible children who are siblings,
7272 20 the court may appoint only one (1) attorney to represent the
7373 21 siblings.
7474 22 (d) If an eligible child must be placed in a facility:
7575 23 (1) after hours;
7676 24 (2) on a weekend;
7777 25 (3) on a holiday; or
7878 26 (4) in an emergency situation;
7979 27 the court shall appoint counsel for the eligible child as soon as
8080 28 practicable following the eligible child's placement.
8181 29 Sec. 4. An appointment described in section 3 of this chapter
8282 30 lasts through the entire duration of the eligible child's case.
8383 31 Sec. 5. An eligible child may waive an appointment of counsel
8484 32 under this chapter if the following conditions are met:
8585 33 (1) The child discusses the waiver with the appointed counsel.
8686 34 (2) The waiver is made:
8787 35 (A) in open court;
8888 36 (B) on the record and confirmed in writing; and
8989 37 (C) with the appointed attorney present.
9090 38 Sec. 6. A court retains the discretion under IC 31-32-4-2 to
9191 39 appoint counsel for a child of any age in any other proceeding.
9292 40 Sec. 7. There is annually appropriated to the public defense fund
9393 41 from the state general fund an amount necessary to carry out the
9494 42 purposes of this chapter.
9595 2025 IN 1485—LS 7453/DI 148 3
9696 1 SECTION 2. IC 33-40-5-4, AS AMENDED BY P.L.111-2024,
9797 2 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9898 3 JULY 1, 2025]: Sec. 4. (a) The commission shall do the following:
9999 4 (1) Make recommendations to the supreme court concerning
100100 5 standards for indigent defense services provided for defendants
101101 6 against whom the state has sought the death sentence under
102102 7 IC 35-50-2-9, including the following:
103103 8 (A) Determining indigency and eligibility for legal
104104 9 representation.
105105 10 (B) Selection and qualifications of attorneys to represent
106106 11 indigent defendants at public expense.
107107 12 (C) Determining conflicts of interest.
108108 13 (D) Investigative, clerical, and other support services
109109 14 necessary to provide adequate legal representation.
110110 15 (2) Adopt guidelines and standards for indigent defense services
111111 16 under which the counties will be eligible for reimbursement under
112112 17 IC 33-40-6, including the following:
113113 18 (A) Determining indigency and the eligibility for legal
114114 19 representation.
115115 20 (B) The issuance and enforcement of orders requiring the
116116 21 defendant to pay for the costs of court appointed legal
117117 22 representation under IC 33-40-3.
118118 23 (C) The use and expenditure of funds in the county
119119 24 supplemental public defender services fund established under
120120 25 IC 33-40-3-1.
121121 26 (D) Qualifications of attorneys to represent indigent
122122 27 defendants at public expense.
123123 28 (E) Compensation rates for salaried, contractual, and assigned
124124 29 counsel.
125125 30 (F) Minimum and maximum caseloads of public defender
126126 31 offices and contract attorneys.
127127 32 (G) Requirements concerning the creation and operation of a
128128 33 multicounty public defender's office created under an
129129 34 interlocal agreement as described in IC 33-40-7-3.5.
130130 35 (3) Make recommendations concerning the delivery of indigent
131131 36 defense services in Indiana, including the funding and delivery of
132132 37 indigent defense services for juveniles.
133133 38 (4) Make an annual report to the governor, the general assembly,
134134 39 and the supreme court on the operation of the public defense fund.
135135 40 (5) Make a report not later than December 1, 2029, to the
136136 41 legislative council and the budget committee concerning the up
137137 42 to forty percent (40%) reimbursement from the public defense
138138 2025 IN 1485—LS 7453/DI 148 4
139139 1 fund for indigent defense services for misdemeanor cases under
140140 2 IC 33-40-6-4(d), IC 33-40-6-5(c), and IC 33-40-7-11(d).
141141 3 (6) Adopt guidelines for attorney services for eligible children
142142 4 under which the counties will be eligible for reimbursement
143143 5 under IC 33-40-6, including the following:
144144 6 (A) Qualifications for attorneys to represent eligible
145145 7 children at public expense.
146146 8 (B) Minimum face to face meeting requirements for
147147 9 attorneys representing eligible children at public expense.
148148 10 (C) The expectation for eligible children attending court,
149149 11 whether in person or virtually.
150150 12 (D) The use and expenditure of funds in the county
151151 13 supplemental public defender services fund established
152152 14 under IC 33-40-3-1.
153153 15 (E) Minimum and maximum caseloads for an attorney
154154 16 representing eligible children at public expense.
155155 17 (7) Make a report not later than December 1, 2026, and each
156156 18 December 1 thereafter, to the legislative council and the
157157 19 budget committee concerning the up to one hundred percent
158158 20 (100%) reimbursement from the public defense fund for
159159 21 attorney services for eligible children under
160160 22 IC 33-40-6-5(b)(3).
161161 23 (b) The commission must provide data and statistics concerning
162162 24 how the reimbursement has impacted attorney appointment rates, jail
163163 25 population, trial rates, and case outcomes in the report under subsection
164164 26 (a)(5).
165165 27 (c) The report to the general assembly under subsection (a)(4) and
166166 28 to the legislative council under subsection (a)(5) and (a)(7) must be in
167167 29 an electronic format under IC 5-14-6.
168168 30 (d) The commission shall not:
169169 31 (1) receive any additional appropriations from the general
170170 32 assembly for misdemeanor reimbursement; or
171171 33 (2) reimburse a county other than a county described in
172172 34 IC 33-40-6-4(d) for misdemeanor reimbursement;
173173 35 before July 1, 2029.
174174 36 SECTION 3. IC 33-40-6-5, AS AMENDED BY THE TECHNICAL
175175 37 CORRECTIONS BILL OF THE 2025 GENERAL ASSEMBLY, IS
176176 38 AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2025]:
177177 39 Sec. 5. (a) As used in this section, "commission" means the Indiana
178178 40 commission on court appointed attorneys established by IC 33-40-5-2.
179179 41 (b) Except as provided under section 6 of this chapter, upon
180180 42 certification by a county auditor and a determination by the
181181 2025 IN 1485—LS 7453/DI 148 5
182182 1 commission that the request is in compliance with the guidelines and
183183 2 standards set by the commission, the commission shall quarterly
184184 3 authorize an amount of reimbursement due the county or multicounty
185185 4 public defender's office:
186186 5 (1) that is equal to fifty percent (50%) of the county's or
187187 6 multicounty public defender's office's certified expenditures for
188188 7 indigent defense services provided for a defendant against whom
189189 8 the death sentence is sought under IC 35-50-2-9; and
190190 9 (2) except as provided in subsection (c), that is equal to forty
191191 10 percent (40%) of the county's or multicounty public defender's
192192 11 office's certified expenditures for defense services provided in
193193 12 noncapital cases except misdemeanors; and
194194 13 (3) that is equal to one hundred percent (100%) of the
195195 14 county's or multicounty public defender's office's certified
196196 15 expenditures for attorney services provided for an eligible
197197 16 child under IC 33-23-19.
198198 17 The commission shall then certify to the state comptroller the amount
199199 18 of reimbursement owed to a county or multicounty public defender's
200200 19 office under this chapter.
201201 20 (c) This subsection applies to a county that is one (1) of up to twelve
202202 21 (12) counties that shall be selected by the Indiana commission on court
203203 22 appointed attorneys based on population and geographic diversity.
204204 23 Upon certification by a county auditor and a determination by the
205205 24 commission that the request is in compliance with the guidelines and
206206 25 standards set by the commission, the commission may quarterly
207207 26 authorize an amount of reimbursement due the county or multicounty
208208 27 public defender's office that is up to forty percent (40%) of the county's
209209 28 or multicounty public defender's office's certified expenditures for
210210 29 defense services provided in misdemeanor cases. This subsection
211211 30 expires June 30, 2029.
212212 31 (d) The Indiana commission on court appointed attorneys may
213213 32 substitute a county described in subsection (c) with a county with
214214 33 similar population and geographic characteristics if the county
215215 34 described in subsection (c) declines to participate in the misdemeanor
216216 35 reimbursement. If a county is substituted under this subsection, the
217217 36 commission shall publish on its website the replacement county.
218218 37 (e) Upon receiving certification from the commission, the state
219219 38 comptroller shall issue a warrant to the treasurer of state for
220220 39 disbursement to the county or multicounty public defender's office of
221221 40 the amount certified.
222222 41 (f) The commission shall include in its report under
223223 42 IC 33-40-5-4(a)(5) information regarding requested reimbursements
224224 2025 IN 1485—LS 7453/DI 148 6
225225 1 and amounts certified for reimbursements to each county or
226226 2 multicounty public defender's office under subsections (b) and (c).
227227 2025 IN 1485—LS 7453/DI 148