LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
FISCAL IMPACT STATEMENT
LS 7589 NOTE PREPARED: Jan 13, 2025
BILL NUMBER: HB 1605 BILL AMENDED:
SUBJECT: Juvenile law matters.
FIRST AUTHOR: Rep. McGuire BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED: GENERAL IMPACT: Pending
DEDICATED
FEDERAL
Summary of Legislation: Requires the family and social services administration to provide address
information to the department of child services (department) under specified circumstances. Provides that
it is the policy of the state of Indiana and the purpose of Indiana family and juvenile law to: (1) recognize
the responsibility of the state and of the department for the safety of children who are abused or neglected;
(2) recognize that a parent's interest in receiving services at the time and expense of the state for purposes
of reunification is limited; (3) promote the safety of all children involved in the juvenile justice system; and
(4) ensure timely placement of children in foster care into permanent homes. Provides that a procedural
deadline in a: (1) child in need of services (CHINS) proceeding; or (2) termination of parent-child
relationship (TPR) proceeding; is not subject to waiver, whether affirmative or implied, by a party to the
proceeding. Provides that an individual with whom a child is placed during CHINS proceedings is entitled
to attend, in its entirety, any hearing conducted as part of: (1) the CHINS proceedings; or (2) TPR
proceedings resulting from a TPR petition filed with regard to the child during the CHINS proceedings.
Provides that a court shall allow an individual who is providing care and supervision of a child as: (1) a foster
parent; (2) a long term foster parent; or (3) an unlicensed kinship caregiver; at the time the child is the subject
of a CHINS proceeding or TPR proceeding to intervene as a party during any stage of the proceeding if the
court makes specified findings. Provides that a court shall allow an individual who is providing care and
supervision for a child to intervene in a TPR proceeding concerning the child. Provides that a child is a
CHINS if, before the child becomes 18 years of age: (1) the child's physical or mental health is seriously
endangered due to failure of the child's parent, guardian, or custodian to protect the child from exposure to
the use, possession, sale, or manufacture of illegal drugs; and (2) the child needs care, treatment, or
rehabilitation that the child is not receiving and is unlikely to be provided or accepted without the coercive
intervention of the court. Removes a rebuttable presumption in current law that a child's physical or mental
health is seriously endangered based on evidence of illegal manufacture of a drug or controlled substance
occurring at the child's residence and provides that there is a rebuttable presumption that a child is a CHINS
if the court finds that the child's parent, guardian, or custodian willfully or knowingly: (1) exposed the child
to the illegal manufacture or distribution of a legend drug or controlled substance; or (2) exposed the child
to: (A) methamphetamine; (B) fentanyl; or (C) a fentanyl containing substance; for which the parent,
guardian, or custodian did not have a valid prescription. Amends the factors a court must consider when
HB 1605 1 determining whether to detain a child who has been removed from the child's parent, guardian, or custodian
to include considerations relating to exposure of the child to a fentanyl containing substance or fentanyl
related substance. Provides that the rights of the: (1) child; (2) child's parents, guardian, or custodian; (3)
department; and (4) guardian ad litem or court appointed special advocate; as parties to a proceeding
regarding the child under Indiana juvenile law include rights of discovery, subpoena, examination of
witnesses, and presentation of evidence at any hearing in the proceeding. Provides that the statutory deadline
for holding of a factfinding hearing in a CHINS proceeding may be extended if the court finds that the
extension is necessitated by unanticipated, emergent circumstances. Provides that there is a rebuttable
presumption that a child is a CHINS if the court finds that the child lives in the same household as an adult
who is subject to an order issued in a CHINS proceeding that requires the adult to participate in a program
of care, treatment, or rehabilitation. Adds factors that a court must consider in determining appropriate
reunification services in which a child's parent, guardian, or custodian will be required to participate under
the child's dispositional decree. Provides that: (1) a dispositional decree that: (A) is entered under specified
circumstances; and (B) requires a parent, guardian, or custodian to complete reunification services; may not
provide for the parent, guardian, or custodian to receive the reunification services for more than a specified
length of time, subject to extension for specified causes; and (2) a court reviewing the dispositional decree
shall consider the amount of time remaining for the parent, guardian, or custodian to complete the
reunification services. Specifies that the requirement that a court reviewing a dispositional decree must
determine whether the department has made reasonable efforts to provide family services does not apply if
a finding has been made that reasonable efforts for family preservation or reunification are not required.
Provides that in determining the extent to which reasonable efforts to reunify or preserve a family are
appropriate, the child's welfare (in addition to the child's health and safety, under current law) is of
paramount concern. Provides that the department, before reunifying a child with the child's parent, guardian,
or custodian, shall (rather than may, under current law): (1) conduct a criminal history check of: (A) the
parent, guardian, or custodian; and (B) any household member of the parent, guardian, or custodian; and (2)
use the results of the criminal history check to decide whether it is safe for the child to return home. Requires
a court to hold a permanency hearing for a child: (1) who has been removed from the child's parent, guardian,
or custodian for at least 12 months; or (2) with regard to whom at least 12 months have expired since a
dispositional decree was entered; at the request of any party to the CHINS proceeding that requests a
permanency hearing on the basis that continuation of efforts to reunify or preserve the child's family are
inconsistent with the best interests of the child. Provides that if a child has, at the time of a permanency
hearing, been removed from the child's parent for at least 12 of the most recent 22 months, the permanency
plan for the child must include at least one intended permanent or long term arrangement for care and
custody of the child that would not return the child to the care and custody of the parent, guardian, or
custodian from whose care and custody the child has been removed. Provides that if a child is less than 16
years of age, the intended permanent or long-term arrangement for care and custody of the child may be
guardianship or placement with a permanent custodian only if the proposed guardian or custodian appears
before the court and testifies as to the individual's willingness to assume custody of the child. Provides that:
(1) if a court approves a permanency plan for a child who is a CHINS under which adoption is the only
intended permanent or long term arrangement for care and custody of the child, the department shall publish
specified information regarding the child to facilitate adoption of the child; and (2) the information published
by the department to facilitate adoption of a child who is: (A) a CHINS; and (B) a hard to place child; may
include the child's first name and picture. Requires a court to hold an initial hearing on a TPR petition not
later than 30 days after the petition is filed. Provides that under specified circumstances, a TPR petition
regarding a child and the child's parent: (1) must be filed by the department; and (2) may be filed by: (A) the
child's guardian ad litem or court appoint special advocate; or (B) an individual: (i) with whom the child is
placed during the CHINS proceedings; and (ii) who is an intervenor in the CHINS proceedings. Amends the
allegations that may be asserted in a TPR petition. Removes a provision requiring a person that files a TPR
HB 1605 2 petition to also file a: (1) copy of the order approving the permanency plan for the child; or (2) permanency
plan for the child. Provides that the deadline for holding a hearing regarding a TPR petition may be extended
if the court finds that extension of the deadline is necessitated by unanticipated, emergent circumstances.
Effective Date: July 1, 2025.
Explanation of State Expenditures: As of the above date, the fiscal analysis of this bill has not been
completed. Please contact the Office of Fiscal and Management Analysis for an update of this fiscal impact
statement.
Explanation of State Revenues:
Explanation of Local Expenditures:
Explanation of Local Revenues:
State Agencies Affected:
Local Agencies Affected:
Information Sources:
Fiscal Analyst: Corrin Harvey, 317-234-9438.
HB 1605 3